ROL_2012-06-15_16k_Hr3-4.timecode

[00:00.000 --> 00:07.000]  It's alive! It's huge, it's enormous, and it covers nearly 2,000 football fields.
[00:07.000 --> 00:10.000]  Is it an invader from outer space? Nope.
[00:10.000 --> 00:16.000]  I'm Dr. Catherine Albrecht and I'll be back in just a moment to tell you about the biggest living thing ever found on Earth.
[00:16.000 --> 00:21.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[00:21.000 --> 00:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.000 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.000]  Privacy, it's worth hanging on to.
[00:34.000 --> 00:38.000]  This public service announcement is brought to you by StartPage.com
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[00:42.000 --> 00:56.000]  The biggest living organism on Earth is a fun guy. Not a fun guy, but a honey mushroom. Armillaria Ostalle, to be exact. And it's so big, it's nicknamed the monster.
[00:56.000 --> 01:04.000]  This big boy started out as a microscopic spore 2,400 years ago, but now inhabits 2,000 acres of the Mahler National Forest in eastern Oregon.
[01:04.000 --> 01:13.000]  It stretches 3.5 miles and reaches depths of 3 feet. Though it murders trees in its path, it's a treat for mushroomers armed with knives and forks.
[01:13.000 --> 01:17.000]  Foragers and connoisseurs are wild about the earthy taste of honey mushrooms.
[01:17.000 --> 01:24.000]  I've even cooked them myself, Russian style, with onions and sour cream. They're great on pierogies, especially really big ones.
[01:24.000 --> 01:31.000]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31.000 --> 01:41.000]  CPR just got a whole lot easier. New guidelines skip mouth to mouth and go right for the chest compressions. It's not only less yucky, it saves more lives.
[01:41.000 --> 01:46.000]  I'm Dr. Catherine Albrecht and I'll be back in a moment with more on hands only CPR.
[01:46.000 --> 01:56.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.000 --> 02:04.000]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
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[02:15.000 --> 02:24.000]  Being a hero just got a whole lot easier. CPR experts say mouth to mouth resuscitation is no longer needed. You can stick to just chest compressions.
[02:24.000 --> 02:32.000]  Hands only CPR is not only less personal, it's actually more effective, saving 62% more patience than the old method.
[02:32.000 --> 02:39.000]  That's because hands only CPR makes bystanders more likely to help rather than hesitate at the thought of mouth to mouth contact.
[02:39.000 --> 02:47.000]  As a former CPR instructor myself, I know that immediate continuous chest compressions are the key to saving lives, so this is especially good news.
[02:47.000 --> 02:58.000]  So get ready to be someone's hero. Learn more and find a CPR class at AmericanHeart.org. I'm Dr. Katherine Albrecht for StartPage.com, the world's most private search engine.
[03:18.000 --> 03:22.000]  Well, I received my remedy today.
[03:22.000 --> 03:26.000]  Came in the rocks just like they say.
[03:26.000 --> 03:29.000]  I accepted it for value right away.
[03:29.000 --> 03:33.000]  It's not sooner, not later.
[03:33.000 --> 03:39.000]  We are originators and the pathways seem to get straighter every day.
[03:39.000 --> 03:49.000]  Okay, we're back. Randy Keltner is here to take a quick look at the radio, and we're talking to Steve in Texas.
[03:49.000 --> 03:53.000]  We didn't introduce Steve. We had him on last night.
[03:53.000 --> 04:03.000]  Steve used to be on the network with us, and he still annoys me with his voice because Steve's voice sounds a lot better on the radio than mine does.
[04:03.000 --> 04:18.000]  But this issue of when you go to court and the courts start acting in this way, every time I hear this stuff, I keep thinking back to what Olga said about the courts on the bottom.
[04:18.000 --> 04:24.000]  When they get corrupt, the people rise up and get angry.
[04:24.000 --> 04:31.000]  And of all places, the Russians understood this part.
[04:31.000 --> 04:38.000]  For the most part, 90% of the population never have any interaction with the police.
[04:38.000 --> 04:53.000]  And of those that do have the legal system, of those that do have the interactions with the legal system, 95% of those are traffic or minor offenses.
[04:53.000 --> 05:02.000]  So if we want to demonstrate to the public that we have a fair and equitable system, that's the place to do it.
[05:02.000 --> 05:20.000]  And here it is exactly the opposite. We have the most ignorant and outrageous self-serving individuals serving in these lower courts that it's almost unimaginable how incompetent they are.
[05:20.000 --> 05:29.000]  If we're going to fix it, this is where we fix it. And it's been my experience. These guys are the most vulnerable.
[05:29.000 --> 05:42.000]  I know Ken's brother was a municipal judge, and he was terrified that anything he done did would get him disbarred because he's also lawyers.
[05:42.000 --> 05:51.000]  They don't have to be, but for the most part they are. If it is a court of record in a municipal court, they have to be lawyers.
[05:51.000 --> 06:03.000]  And most JPs nowadays are lawyers. You'll find some out in the outlying counties, the smaller counties that are not, but most JPs are lawyers.
[06:03.000 --> 06:11.000]  And they're afraid of their barcarts because a lot of times they'll have a private practice as well because they don't make enough as JP.
[06:11.000 --> 06:23.000]  So they are absolutely vulnerable. And the one thing most people are missing is how much fun it can be to beat them up.
[06:23.000 --> 06:34.000]  Not physically, because they're a lot better at it that way because they got the guns and they got them called all their buddies, but beat them up with their own laws.
[06:34.000 --> 06:45.000]  It is absolutely a hoot. And I'll be frank, I have to struggle with myself because I really do like doing that.
[06:45.000 --> 06:59.000]  And I tend to do that when other methods would work better. But tickets, of all things, tickets, they're great fun.
[06:59.000 --> 07:11.000]  So, especially when they act this way, this unlawful detainer, now that's a big deal. Stealing a man's house from him, they should go after his JP big time.
[07:11.000 --> 07:25.000]  And the JP is going to be very sensitive to his elected position. When you start raising an issue about a JP, especially if it's a county west of Austin,
[07:25.000 --> 07:34.000]  then it's going to be a less populated county. When you start raising this issue in front of all of his friends and neighbors,
[07:34.000 --> 07:44.000]  and you'll be embarrassing the judge in front of his friends and neighbors, and pretty well let them know you ain't getting elected again.
[07:44.000 --> 08:02.000]  This is, you know, there's power, politics and money. We don't have the money, but we have the politics. And the way to get the politics is to take the laws that they use against you and turn it back on them.
[08:02.000 --> 08:17.000]  Actual public officials have more laws restricting their behavior than you have restricting your behavior. Every law that restricts your behavior restricts their behavior.
[08:17.000 --> 08:23.000]  And they've got a set under Chapter 39 that don't apply to you.
[08:23.000 --> 08:39.000]  One in particular, everybody should have this one burned in their brain. No matter what state you're in, you're going to have a statute that reflects 18 U.S. Code 242.
[08:39.000 --> 08:59.000]  If a public official acting under the gull of his authority exerts a purport to exert an authority he does not expressly have or fails to perform a duty he's required to perform, and in the process denies the citizen in the full and free access to or enjoyment of a right,
[08:59.000 --> 09:17.000]  that's a crime in every state. In Texas, it's codified into 39.03 penal code. It's called official oppression. It is a class A misdemeanor, unless he inflicts bodily harm, in which case it is now a felony.
[09:17.000 --> 09:20.000]  Everyone should know that one.
[09:20.000 --> 09:33.000]  If a public official fails to perform a duty he's required to perform, that's misfeasance in office. If a public official exerts a purport to exert an authority he does not have, that's malfeasance in office,
[09:33.000 --> 09:51.000]  those of which can get him up to a year in prison. And we should take it to him. You go down, you don't have to do what I do and hammer the prosecutor, hammer the judges and just really make a nuisance of yourself.
[09:51.000 --> 10:05.000]  You just go down to the sheriff and ask the sheriff to take your complaint and arrest the judge. And he's going to say, well, I can't arrest the judge. He says, you can. Just go down there and throw the customer in, drag him off to jail. Heck, it'd be great fun.
[10:05.000 --> 10:16.000]  Well, regardless of what he does, he's going to go to that judge and tell him that I got somebody down here trying to keep me to arrest you.
[10:16.000 --> 10:34.000]  And then if a policeman says or does anything that you can in any way construe as a threat, don't say anything to the policeman because he's got a gun.
[10:34.000 --> 10:49.000]  File charges against go back to the sheriff and file against J.P. for sending that policeman to threaten and intimidate you for the purpose of tampering with the witness obstruction of justice.
[10:49.000 --> 11:15.000]  It's 6.05 and 36.06 respectively. Those are felonies. It is even better if the judge had nothing to do with it. He is going to have a conniption fit and he's going to tell these guys, you leave him alone.
[11:15.000 --> 11:30.000]  Don't talk to that rascal. It's like in my county, the sheriff told his deputies, you are not to stop him. You are not to cite him. And whatever you do, don't put that SOB in my jail.
[11:30.000 --> 11:55.000]  Yeah, but if we don't start doing this, they're not going to stop doing what they're doing and that's all there is to it. But it's hard to convince you, people who have been bred and trained through grade school up to be frightened and intimidated by their employees.
[11:55.000 --> 12:03.000]  It's hard to get them to take that first step. But once you do, it tends to create monsters.
[12:03.000 --> 12:17.000]  Randy, this goes to a scenario that I witnessed in a restaurant the other night. I sat down and I watched a very, very familiar scene. There was a young child misbehaving at the table and his mom said, stop it.
[12:17.000 --> 12:29.000]  She said, stop it again. She said, I'm going to count to three. That tells the kid it's okay to do what he's doing four times, but the fifth time is not acceptable.
[12:29.000 --> 12:34.000]  Yeah, I had a dad that knew better than that.
[12:34.000 --> 12:39.000]  So did I. My dad said, stop it. That meant stop it right now.
[12:39.000 --> 12:50.000]  I walked out of the bathroom one day and dad said, Randy will take out the garbage and I was a twin. And I said, well, daddy, it's Richard's turn. I'm going, I'm going.
[12:50.000 --> 12:52.000]  Yeah.
[12:52.000 --> 12:54.000]  But he never hurt me.
[12:54.000 --> 12:55.000]  Right.
[12:55.000 --> 13:00.000]  He just embarrassed me and said, no crapola.
[13:00.000 --> 13:07.000]  But yeah, the point is that the same can be done with these official, these public officers.
[13:07.000 --> 13:10.000]  It is our job.
[13:10.000 --> 13:24.000]  Daddy didn't wait until I did something that he would get me in real trouble, get me hurt or deserve major punishment.
[13:24.000 --> 13:32.000]  He handed that off immediately with something really, really minor.
[13:32.000 --> 13:41.000]  He drew this line and he was absolutely consistent. We need to be absolutely consistent.
[13:41.000 --> 13:52.000]  And you know, I know a number of policemen and they understand at the courthouse in Weiss County, I have hammered these guys.
[13:52.000 --> 13:57.000]  But the bailiffs for the most part like me.
[13:57.000 --> 14:01.000]  They are not the least bit afraid of me.
[14:01.000 --> 14:06.000]  The judge tells them to throw me out of the courtroom.
[14:06.000 --> 14:13.000]  The bailiff would come over to me and say, Mr. Kelton, I think you need to leave the courtroom.
[14:13.000 --> 14:17.000]  And they never have a problem for me and they never act.
[14:17.000 --> 14:20.000]  They are used to, but not anymore.
[14:20.000 --> 14:23.000]  They respect what I'm doing.
[14:23.000 --> 14:27.000]  And I had a bailiff once escorting me out of the courthouse.
[14:27.000 --> 14:33.000]  He said, Mr. Kelton, I'm going to throw you out of this courthouse. You're going to leave through this door.
[14:33.000 --> 14:36.000]  But there's not anybody standing in front of any other doors.
[14:36.000 --> 14:39.000]  So I'm going to go back to the courtroom.
[14:39.000 --> 14:47.000]  And what he was saying to me is he appreciated the fact that somebody stood up to these scoundrels.
[14:47.000 --> 14:53.000]  We think that all the police are against us. They are not.
[14:53.000 --> 15:00.000]  They're stuck in a system they didn't create. And sometimes we need to give them plausible deniability.
[15:00.000 --> 15:03.000]  Thank you for making that distinction.
[15:03.000 --> 15:10.000]  It's not to harm them, but I kick one right square in his professional pants.
[15:10.000 --> 15:17.000]  So that when the judge tells him to do that again, he's going to tell the judge, I don't think so.
[15:17.000 --> 15:21.000]  If you want that done, you're going to have to get somebody else.
[15:21.000 --> 15:28.000]  Because I'm not getting in court, getting him fighting more criminal charges against me.
[15:28.000 --> 15:33.000]  Now he has the reason to say that. And we need to do that.
[15:33.000 --> 15:40.000]  And our police want to have respect. They want to be the good guys for the most part.
[15:40.000 --> 15:44.000]  We have some bad policemen out there.
[15:44.000 --> 15:58.000]  And I have had four different sheriff's deputies come to me and ask me if there was something I could do to help them get rid of an officer who was making them all look bad.
[15:58.000 --> 16:05.000]  And that was very revealing to me that these guys, they want to be the good guys.
[16:05.000 --> 16:12.000]  They're ordinary people like us and they're following the orders of scoundrels.
[16:12.000 --> 16:19.000]  We need to go after the scoundrels. Now, if I have to use the policemen to get to the scoundrel, life is tough.
[16:19.000 --> 16:25.000]  We're all grown-ups here. We take our lives. But plausible deniability. Everybody needs it.
[16:25.000 --> 16:34.000]  If Eddie can get this seminar going and we put together a lawsuit, it doesn't have to be a great lawsuit.
[16:34.000 --> 16:44.000]  It can be crap lawsuit. It can just download file and send. These guys, it will terrify them.
[16:44.000 --> 16:47.000]  Okay, I'm going to stop preaching when we come back on the other side.
[16:47.000 --> 17:05.000]  We have Tyler, Andy, Grant, Edward, Barrett. We'll pick it up on this side and we'll be right back.
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[17:39.000 --> 17:47.000]  We're located at 7304 Burnett Road, Suite A, about a half a mile north of Canig next to the Ikiban Sushi and Jeanne Carwash.
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[17:53.000 --> 18:00.000]  or call 512-646-6440 and say you heard about us on Rule of Law Radio or Texas Liberty Radio.
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[19:01.000 --> 19:07.000]  Well, don't let nothing get to you. Only the Father can deliver you.
[19:07.000 --> 19:13.000]  And don't let my mind people hurt you until Satan gets behind you.
[19:13.000 --> 19:18.000]  You know what I mean? My friend, Nala Jackson.
[19:18.000 --> 19:32.000]  Alright folks, we are back. This is ruleoflawradio.
[19:32.000 --> 19:36.000]  Okay, now, Randy, have we ready to start taking calls yet?
[19:36.000 --> 19:39.000]  Is there anything else you and Steve want to kick in here?
[19:39.000 --> 19:43.000]  Well, I won't need to preach for another second.
[19:43.000 --> 19:48.000]  No, I'm too preaching. I'm too preaching.
[19:48.000 --> 19:51.000]  If you don't mind, I would like to put in two cents.
[19:51.000 --> 19:58.000]  We were discussing something over the break and you said that you were worthy of making a good point.
[19:58.000 --> 20:03.000]  Let's give them the benefit of the doubt and say that there are some honest judges out there.
[20:03.000 --> 20:09.000]  All the judge needs is one nail to hang his hat on.
[20:09.000 --> 20:14.000]  If you give him that one nail, he can hang his hat on it and feel comfortable about doing it.
[20:14.000 --> 20:19.000]  But if you give him a dozen nails and give him the choice of which whatever you choose your nail, judge,
[20:19.000 --> 20:24.000]  you give him no choice but to hang his hat.
[20:24.000 --> 20:27.000]  You don't care what nail he hangs his hat on.
[20:27.000 --> 20:34.000]  And what I'm talking about is causes of action, adjudicatable issues, civil or criminal wrongs.
[20:34.000 --> 20:40.000]  All you've got to do is give him just enough to make him feel comfortable in making his decision.
[20:40.000 --> 20:45.000]  And he'll make the right decision if you have an honest judge.
[20:45.000 --> 20:49.000]  And I understand that's a very big if, but that's that's all I had guys.
[20:49.000 --> 20:52.000]  And if you're convincing that if he doesn't make the right decision,
[20:52.000 --> 20:56.000]  you're prepared to put your professional boot in his professional.
[20:56.000 --> 21:01.000]  Yes, let him know that you are prepared and willing and more than willing,
[21:01.000 --> 21:07.000]  you're ready to take it all the way to the to SCOTUS Supreme Court of the United States.
[21:07.000 --> 21:09.000]  Then yeah, okay.
[21:09.000 --> 21:15.000]  Okay, we are going to go to Tyler in Wyoming.
[21:15.000 --> 21:19.000]  Tyler, what do you have for us today?
[21:19.000 --> 21:22.000]  I just want to say I enjoyed your show so far tonight.
[21:22.000 --> 21:26.000]  I thank you for giving me an opportunity here.
[21:26.000 --> 21:30.000]  Well, we we don't discriminate against Yankees.
[21:30.000 --> 21:36.000]  We are equal opportunity abusers.
[21:36.000 --> 21:38.000]  I have a couple names to add.
[21:38.000 --> 21:43.000]  You're talking about the names of these the officials that are out collecting revenue.
[21:43.000 --> 21:49.000]  I just pretty much called revenue officers either that or highway.
[21:49.000 --> 21:59.000]  Yeah, well, I came from a familiar with I came from the hills of Tennessee and we called them all revenues.
[21:59.000 --> 22:00.000]  So it's not new.
[22:00.000 --> 22:02.000]  It's been around a long time.
[22:02.000 --> 22:03.000]  Go ahead.
[22:03.000 --> 22:05.000]  I'll stop interrupting.
[22:05.000 --> 22:06.000]  That's okay.
[22:06.000 --> 22:09.000]  I'm sure you might be familiar with Mark Stevens.
[22:09.000 --> 22:10.000]  He has a pretty good quote.
[22:10.000 --> 22:15.000]  He says that traffic courts are scams run by criminals.
[22:15.000 --> 22:20.000]  And I think that's an appropriate way to sum it up.
[22:20.000 --> 22:23.000]  I think Eddie said that a few times.
[22:23.000 --> 22:26.000]  Yeah, more than one occasion.
[22:26.000 --> 22:28.000]  Right.
[22:28.000 --> 22:31.000]  I just got done a fight.
[22:31.000 --> 22:36.000]  I went to trial on a traffic ticket for expired registration.
[22:36.000 --> 22:45.000]  And when I was at my arraignment, I had a special appearance and the judge had denied that and I objected.
[22:45.000 --> 22:47.000]  I took a section of that.
[22:47.000 --> 22:52.000]  I said to reserve that for appeal on the grounds that he couldn't tell me how I was going to appear.
[22:52.000 --> 22:54.000]  That's that's up to me.
[22:54.000 --> 22:57.000]  He just assumed I guess it was going to be general.
[22:57.000 --> 23:00.000]  And I did the same thing at the trial when I showed up.
[23:00.000 --> 23:02.000]  I said, Your Honor, I want to remind the court.
[23:02.000 --> 23:05.000]  I'm here especially and he reminded me.
[23:05.000 --> 23:09.000]  He said, Well, I overruled that and I overruled again.
[23:09.000 --> 23:12.000]  I said, Well, I object to it again.
[23:12.000 --> 23:22.000]  I'm here especially and he never did issue the special appearance or prove to me that he had subject matter jurisdiction.
[23:22.000 --> 23:23.000]  Okay.
[23:23.000 --> 23:25.000]  Can I address that for just a second?
[23:25.000 --> 23:26.000]  Sure.
[23:26.000 --> 23:27.000]  Okay.
[23:27.000 --> 23:30.000]  Here's the issue that you're looking at when you make the special appearance.
[23:30.000 --> 23:35.000]  In criminal court venues, there is no such thing as special appearance.
[23:35.000 --> 23:40.000]  Special appearance is reserved for civil situations.
[23:40.000 --> 23:54.000]  Now, the reason we use it is because the case law tells us that as long as state has not proven standing on the record in a criminal matter,
[23:54.000 --> 23:56.000]  the case is civil.
[23:56.000 --> 23:59.000]  It is a non case.
[23:59.000 --> 24:03.000]  And by definition, it is civil.
[24:03.000 --> 24:09.000]  That's why you can make the special appearance, at least here in Texas for sure.
[24:09.000 --> 24:19.000]  But keep that in mind when you're talking about making a special versus a general appearance, there is no special by default in criminal court.
[24:19.000 --> 24:32.000]  Only if you can show state has never proven standing on the record and that it's a non case will special appearance apply because the case by definition must be civil.
[24:32.000 --> 24:38.000]  Now, on top of that, how would state have to prove standing in these cases?
[24:38.000 --> 24:47.000]  State would have to prove that transportation was taking place at the time of the alleged defense.
[24:47.000 --> 25:00.000]  If they don't prove that on the record, then they lack standing unless you fail to object to the presumption of transportation.
[25:00.000 --> 25:05.000]  That is where most of these cases are lost from the get go.
[25:05.000 --> 25:22.000]  People do not understand that a presumption is an operation. They don't understand that it must be objected to or it will stand and they don't know the proper presumption or the objection to make to destroy the presumption.
[25:22.000 --> 25:31.000]  Now, that being said, consider what was going on in your case and see how that falls into play. But go ahead.
[25:31.000 --> 25:39.000]  Okay. All right. And I'm trying to understand that now, just like Texas and Wyoming, they're considered criminal these tickets.
[25:39.000 --> 25:47.000]  You're saying that I can't use the special appearance or shouldn't even bring that up?
[25:47.000 --> 25:49.000]  No, I'm not saying that.
[25:49.000 --> 26:03.000]  You should, if state can't prove standing and you've objected properly to the presumption, that would mean the case is a non-case because state hasn't proven transportation was taking place.
[26:03.000 --> 26:08.000]  The presumption was properly rebutted by you.
[26:08.000 --> 26:11.000]  Could I address a little point? Go ahead.
[26:11.000 --> 26:17.000]  You've heard these people say that all cases are civil.
[26:17.000 --> 26:24.000]  Well, criminal is a subset of the civil statutes.
[26:24.000 --> 26:46.000]  The civil statutes apply in all cases in any hearing that are not, if it's in a criminal case, all of the civil statutes apply unless the issue is specifically addressed by this special subset called the criminal laws.
[26:46.000 --> 26:55.000]  The only way they can hold hearings, set hearings, they have a set of well-established rules and those are all civil.
[26:55.000 --> 27:05.000]  If you have a special kind of case, it falls under this special set of rules that is a subset of the civil and that's called the criminal.
[27:05.000 --> 27:24.000]  Does that make sense? So if they can't get to criminal, then they have to go back to the civil where the remedies that are in the civil, if they can get past that into the criminal, then perhaps the subject matter jurisdiction challenge doesn't apply anymore.
[27:24.000 --> 27:30.000]  There's a special appearance, but they're not in criminal until they get past the special appearance.
[27:30.000 --> 27:35.000]  Yeah, that's where the lack of subject matter jurisdiction issue would kick up.
[27:35.000 --> 27:54.000]  If state has failed to prove standing, i.e. that transportation was taking place at the time of the alleged offense, the court lacks subject matter jurisdiction because its jurisdiction only applies to acts of transportation in these cases.
[27:54.000 --> 28:06.000]  So your special appearance would work fine as long as you've protected the civil aspect of the case properly.
[28:06.000 --> 28:14.000]  Okay, okay. And by transportation, you're talking about commerce driving commercial.
[28:14.000 --> 28:15.000]  Correct.
[28:15.000 --> 28:16.000]  Correct.
[28:16.000 --> 28:26.000]  That's what all of these are in every state. No matter what they try to convince you they are, that's what all of them are. They are commercial statutes.
[28:26.000 --> 28:47.000]  And ironically, that is the basis that I had fought this case on. I, first of all, the very first thing I did was I said, you're on, I have some questions for you that I'd like you to answer.
[28:47.000 --> 28:58.000]  And he said, yes, I said, well, I'm going to object to that. And I also want on the record that that is denial of due process that even though you're not on trial, I don't know why I'm on trial.
[28:58.000 --> 29:00.000]  That's why I have questions for you.
[29:00.000 --> 29:05.000]  Well, but that's the problem. Why are you asking questions of the court?
[29:05.000 --> 29:12.000]  If you don't understand the procedure and how to defend yourself, why didn't you hire a lawyer? That's the problem.
[29:12.000 --> 29:19.000]  I can't compel the judge to answer your questions. He's under no obligation to do that. He's a referee.
[29:19.000 --> 29:26.000]  Why would you be on the court in a basketball game if your coach didn't think you knew how to play?
[29:26.000 --> 29:34.000]  And in this case, you're your own coach. The referee doesn't tell you which, which basket to shoot, you're supposed to know.
[29:34.000 --> 29:41.000]  He doesn't tell you that smacking another guy on the other team upside the head is a foul. You're supposed to know.
[29:41.000 --> 29:46.000]  Do you see the problem you walk into when you start asking questions of a corrupt court?
[29:46.000 --> 29:47.000]  I sure do.
[29:47.000 --> 29:55.000]  Okay. Hang on just a second. We'll wrap you up on the other side. This is rule of law radio. Call in number 512-646-984.
[29:55.000 --> 30:00.000]  Folks, we see you on the board. Don't drop off. We'll be right back.
[30:00.000 --> 30:06.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:06.000 --> 30:12.000]  It says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
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[30:15.000 --> 30:18.000]  Thousands of my fellow force respond to supply.
[30:18.000 --> 30:19.000]  I'm not a conspiracy theorist.
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[30:23.000 --> 30:24.000]  I'm a father who lost his son.
[30:24.000 --> 30:25.000]  We're Americans.
[30:25.000 --> 30:27.000]  And we deserve the truth.
[30:27.000 --> 30:30.000]  Go to RememberBuilding7.org today.
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[31:06.000 --> 31:09.000]  And neither is finding like-minded people to share it with.
[31:09.000 --> 31:12.000]  Oh, well, I guess you haven't heard of Brave New Books then.
[31:12.000 --> 31:13.000]  Brave New Books?
[31:13.000 --> 31:14.000]  Yes.
[31:14.000 --> 31:18.000]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[31:18.000 --> 31:20.000]  Ron Paul, and G. Edward Griffin.
[31:20.000 --> 31:24.000]  They even stock inner food, Berkey products, and Calvin Soaps.
[31:24.000 --> 31:26.000]  There's no way a place like that exists.
[31:26.000 --> 31:28.000]  Go check it out for yourself.
[31:28.000 --> 31:32.000]  It's downtown at 1904 Guadalupe Street, just south of UT.
[31:32.000 --> 31:33.000]  Oh, by UT?
[31:33.000 --> 31:36.000]  There's never anywhere to park down there.
[31:36.000 --> 31:43.000]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[31:43.000 --> 31:47.000]  It does exist, but when are they open?
[31:47.000 --> 31:52.000]  Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays.
[31:52.000 --> 32:21.000]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[32:22.000 --> 32:34.000]  All right, folks, we are back.
[32:34.000 --> 32:36.000]  This is Rule of Law Radio.
[32:36.000 --> 32:38.000]  Right now, we are taking your calls.
[32:38.000 --> 32:42.000]  Calling number is 512-646-1984.
[32:42.000 --> 32:46.000]  We are talking to Tyler N. Y. Oming, Andy Brent, Edward Embarrick.
[32:46.000 --> 32:47.000]  We see you there.
[32:47.000 --> 32:48.000]  Don't drop off, guys.
[32:48.000 --> 32:50.000]  We'll get to you as quick as we can.
[32:50.000 --> 32:52.000]  All right, Tyler, back to your situation with this court.
[32:52.000 --> 32:54.000]  You're trying to ask this judge questions.
[32:54.000 --> 32:57.000]  He is under no obligation to answer because he is a referee.
[32:57.000 --> 33:01.000]  You're supposed to know the rules of the game before you ever walk in there.
[33:01.000 --> 33:05.000]  One of the rules is to know how to properly defend against the presumption.
[33:05.000 --> 33:09.000]  That's the exact same thing that we talk about in class every Sunday.
[33:09.000 --> 33:14.000]  There is an objection you make, and you make it no matter what.
[33:14.000 --> 33:21.000]  Objection assumes facts not in evidence, not agreed to, and requires a legal conclusion
[33:21.000 --> 33:25.000]  by the fact witness if it's the cop using the phraseology,
[33:25.000 --> 33:31.000]  or stop at, requires a legal conclusion if anyone else is using the phraseology,
[33:31.000 --> 33:34.000]  such as the prosecutor or the judge.
[33:34.000 --> 33:37.000]  Now, you can go into that a little bit further,
[33:37.000 --> 33:41.000]  and you can demand during the objection that the witness,
[33:41.000 --> 33:44.000]  if they're the one speaking and using the terminology,
[33:44.000 --> 33:49.000]  to be tendered for the purpose of Wadiar to determine personal knowledge,
[33:49.000 --> 33:53.000]  in which case you then ask the witness three simple questions.
[33:53.000 --> 33:58.000]  During the time of your investigation, did you receive from me
[33:58.000 --> 34:04.000]  or in any manner discover or obtain evidence of a passenger manifest?
[34:04.000 --> 34:09.000]  You repeat the same question except change passenger manifest, too.
[34:09.000 --> 34:12.000]  What bill of lading?
[34:12.000 --> 34:14.000]  Third question.
[34:14.000 --> 34:22.000]  At any time during your investigation, did you obtain or discover any evidence whatsoever
[34:22.000 --> 34:27.000]  that I was engaging in commercial use of the highways?
[34:27.000 --> 34:31.000]  Of course, the answer to all three of those is going to be no,
[34:31.000 --> 34:35.000]  unless you actually are a commercial driver.
[34:35.000 --> 34:39.000]  In which case they have just admitted on the record they have absolutely
[34:39.000 --> 34:43.000]  no physical evidence of commercial activity,
[34:43.000 --> 34:47.000]  and you have rebutted the presumption on the record
[34:47.000 --> 34:54.000]  that commercial activity was taking place by the objection and by those questions.
[34:54.000 --> 34:57.000]  That is the defense.
[34:57.000 --> 34:59.000]  I'm sorry?
[34:59.000 --> 35:06.000]  Now you said passenger manifest or bill of lading.
[35:06.000 --> 35:08.000]  Okay.
[35:08.000 --> 35:12.000]  And the third question was whether I was driving in commerce.
[35:12.000 --> 35:18.000]  During your investigation, did you discover or obtain any evidence whatsoever
[35:18.000 --> 35:23.000]  that I was engaging in any commercial use of the highways?
[35:23.000 --> 35:24.000]  Okay.
[35:24.000 --> 35:28.000]  Let's look at how that situation is played out here.
[35:28.000 --> 35:31.000]  We're requiring you to obtain a license.
[35:31.000 --> 35:37.000]  By definition, a license is a legal requirement to do something
[35:37.000 --> 35:40.000]  that would otherwise be illegal without the license.
[35:40.000 --> 35:46.000]  You have to be engaging in some activity the license is meant to regulate.
[35:46.000 --> 35:52.000]  Well, a right cannot be regulated, so the only thing they can be regulating
[35:52.000 --> 35:55.000]  is a state-granted privilege.
[35:55.000 --> 36:00.000]  Well, commercial use of the roads is a state-granted privilege,
[36:00.000 --> 36:05.000]  but not private personal use of the roads.
[36:05.000 --> 36:11.000]  That's what they're built for is the private use of the general public.
[36:11.000 --> 36:17.000]  Anything else is an extraordinary use and the state can regulate it.
[36:17.000 --> 36:27.000]  Now, just because you possess a license does not mean they have the authority to compel you to use it.
[36:27.000 --> 36:30.000]  You may have gotten a license to engage in commerce,
[36:30.000 --> 36:37.000]  but you cannot be required to actually engage in commerce.
[36:37.000 --> 36:40.000]  Hence the problem of the traffic courts.
[36:40.000 --> 36:44.000]  It's not the thing, but more how it's used.
[36:44.000 --> 36:45.000]  Right.
[36:45.000 --> 36:49.000]  If you have a pickup truck in your hauling wood, is it your wood
[36:49.000 --> 36:53.000]  or has somebody paid you to go out into the woods,
[36:53.000 --> 36:56.000]  cut them some wood and deliver it to their house?
[36:56.000 --> 37:00.000]  Did they also pay for that delivery?
[37:00.000 --> 37:04.000]  If they paid you ten bucks for your trouble, sorry about that,
[37:04.000 --> 37:07.000]  but you're engaged in commerce, but if you're just going to the store,
[37:07.000 --> 37:12.000]  you're going to work, you're not engaged in commerce until you get there.
[37:12.000 --> 37:16.000]  Yes, Mr. Kelton, this is not a license.
[37:16.000 --> 37:17.000]  This is an ID.
[37:17.000 --> 37:19.000]  Do you have a driver's license?
[37:19.000 --> 37:24.000]  Yes, I do, but I'm not using it right now.
[37:24.000 --> 37:26.000]  Exactly.
[37:26.000 --> 37:28.000]  Exactly.
[37:28.000 --> 37:29.000]  Okay.
[37:29.000 --> 37:33.000]  But do you understand yet where you went wrong in the court?
[37:33.000 --> 37:34.000]  Yes, I do.
[37:34.000 --> 37:36.000]  Now, I did not ask those specific questions,
[37:36.000 --> 37:40.000]  but I did get the officer to admit that I was not a commercial driver.
[37:40.000 --> 37:42.000]  Yes, but the problem is,
[37:42.000 --> 37:45.000]  is had you already failed to object to the assertion of the terms
[37:45.000 --> 37:51.000]  to give a prima facie case against yourself that you were.
[37:51.000 --> 37:53.000]  Acquiescence.
[37:53.000 --> 37:57.000]  Well, I said on the record that I had a constitutional right to travel.
[37:57.000 --> 38:00.000]  That's not the argument.
[38:00.000 --> 38:03.000]  That does not rebut the presumption of commerce.
[38:03.000 --> 38:06.000]  They're arguing commerce and you're saying right to travel.
[38:06.000 --> 38:09.000]  What does one have to do with the other?
[38:09.000 --> 38:11.000]  Absolutely nothing.
[38:11.000 --> 38:13.000]  Yes, you have the right to travel.
[38:13.000 --> 38:16.000]  We're not charging you with anything under that right.
[38:16.000 --> 38:19.000]  We're charging you with a violation of commerce.
[38:19.000 --> 38:21.000]  Guess what you have to defend against?
[38:21.000 --> 38:26.000]  Commerce, not right to travel.
[38:26.000 --> 38:28.000]  But isn't that establishing that?
[38:28.000 --> 38:30.000]  No, it's not.
[38:30.000 --> 38:36.000]  You can have the right to travel and still be acting in commerce on the roads, can't you?
[38:36.000 --> 38:39.000]  Okay, I see you're saying, yeah.
[38:39.000 --> 38:45.000]  There is, there's a, I forget what state it was in and I can't cite the state,
[38:45.000 --> 38:50.000]  but a quick Google search or Internet search, Xquik, whatever,
[38:50.000 --> 38:55.000]  will pull up an old case and Eddie, you may know of this case.
[38:55.000 --> 39:00.000]  This deals with truck driving.
[39:00.000 --> 39:06.000]  If a trucker is delivering a load, he is engaged in commerce.
[39:06.000 --> 39:13.000]  When he drops off that load and he's dead heading back home, he's traveling.
[39:13.000 --> 39:21.000]  That is the difference between commercial driving and non-commercial traveling.
[39:21.000 --> 39:31.000]  There's got to be a commercial flavor in your travel for the transportation code to apply.
[39:31.000 --> 39:32.000]  Now, wait a minute.
[39:32.000 --> 39:37.000]  I thought it was diesel fumes that caused deadhead.
[39:37.000 --> 39:42.000]  Well, that and too much beer.
[39:42.000 --> 39:44.000]  There's a lot of things that can cause deadheading.
[39:44.000 --> 39:47.000]  36 hours of doing it, for instance.
[39:47.000 --> 39:48.000]  Yeah, correct.
[39:48.000 --> 39:53.000]  But, well, deadheading is a trucker's term for running empty.
[39:53.000 --> 39:56.000]  Yeah, running empty, exactly.
[39:56.000 --> 39:58.000]  He's not hauling a load.
[39:58.000 --> 39:59.000]  He's got an empty trailer.
[39:59.000 --> 40:02.000]  Nobody is paying him to travel.
[40:02.000 --> 40:06.000]  As a matter of fact, it's costing him to travel.
[40:06.000 --> 40:08.000]  He's either empty or bobtailed.
[40:08.000 --> 40:13.000]  But anyway, do you understand the issue now of where you messed up with the court?
[40:13.000 --> 40:15.000]  Yeah, I'm more clear.
[40:15.000 --> 40:23.000]  Although the officer did say that if you were a commercial driver, you would have an emblem on the side of your car or truck.
[40:23.000 --> 40:27.000]  And I said, which I did not, which makes more sense.
[40:27.000 --> 40:28.000]  Now, wait a minute.
[40:28.000 --> 40:32.000]  I have one of those on the side of my truck.
[40:32.000 --> 40:36.000]  I am registered with the Department of Transportation.
[40:36.000 --> 40:39.000]  I have a DOT number.
[40:39.000 --> 40:51.000]  And if they'll check that DOT number, it will show that I am registered as a private operator, not in commerce.
[40:51.000 --> 40:57.000]  That is clear notice to them that I am not in commercial traffic.
[40:57.000 --> 41:00.000]  All right.
[41:00.000 --> 41:05.000]  Now, real quick, I know you got other callers, and you aren't clearing that up for me.
[41:05.000 --> 41:12.000]  I did ask the officer in what capacity did he represent the city?
[41:12.000 --> 41:14.000]  Or who did he represent, basically?
[41:14.000 --> 41:17.000]  And he did say the city.
[41:17.000 --> 41:19.000]  And I said, do you have a bar license?
[41:19.000 --> 41:21.000]  And he said, no, I do not.
[41:21.000 --> 41:26.000]  And I did accuse him of practicing law without a license, and I objected that.
[41:26.000 --> 41:29.000]  Was he the prosecutor?
[41:29.000 --> 41:30.000]  No, he was not.
[41:30.000 --> 41:32.000]  And there was no prosecutor there.
[41:32.000 --> 41:38.000]  Okay, then what makes you think he's acting as the prosecutor and practicing law without a license?
[41:38.000 --> 41:42.000]  Because he said he represented the city.
[41:42.000 --> 41:43.000]  But he does.
[41:43.000 --> 41:48.000]  You didn't ask him in what capacity he represented the city, did you?
[41:48.000 --> 41:49.000]  No.
[41:49.000 --> 41:58.000]  Okay, and if he's not acting in court as the prosecutor, where are you getting the idea that he's practicing law without a license?
[41:58.000 --> 42:03.000]  Okay, hold on, let me ask a question or two.
[42:03.000 --> 42:05.000]  How did the officer...
[42:05.000 --> 42:07.000]  What is the capacity we did, Andy?
[42:07.000 --> 42:09.000]  The witness.
[42:09.000 --> 42:12.000]  He's the witness.
[42:12.000 --> 42:15.000]  Hold on, hold on, hold on.
[42:15.000 --> 42:16.000]  Hold on, stop, stop.
[42:16.000 --> 42:20.000]  There's no real witness, though.
[42:20.000 --> 42:21.000]  Tyler, hold on.
[42:21.000 --> 42:22.000]  Hold on.
[42:22.000 --> 42:23.000]  Okay.
[42:23.000 --> 42:25.000]  Go ahead, Randy.
[42:25.000 --> 42:32.000]  How did the officer get on the stand?
[42:32.000 --> 42:33.000]  He was...
[42:33.000 --> 42:36.000]  Did the judge call him up?
[42:36.000 --> 42:38.000]  Yes.
[42:38.000 --> 42:41.000]  So the judge commenced the hearing.
[42:41.000 --> 42:45.000]  Did he swear in the officer?
[42:45.000 --> 42:46.000]  Yes.
[42:46.000 --> 42:57.000]  What I'm getting at is when you go into court and you have a prosecutor, there are things the prosecutor does, and he does the things lawyers do.
[42:57.000 --> 43:05.000]  And the things you do, and you do the things a lawyer would do on the other side, did the officer do any of those things?
[43:05.000 --> 43:13.000]  Did he do anything other than respond to questions by either the judge or by you?
[43:13.000 --> 43:18.000]  Well, he gave testimony that he stopped me.
[43:18.000 --> 43:20.000]  But somebody asked you the question.
[43:20.000 --> 43:23.000]  You didn't answer my question.
[43:23.000 --> 43:24.000]  Okay.
[43:24.000 --> 43:33.000]  Did he give testimony in response to a question by the judge or by you?
[43:33.000 --> 43:36.000]  He did answer my question.
[43:36.000 --> 43:40.000]  Did he not answer my question?
[43:40.000 --> 43:43.000]  Witness is nonresponsive.
[43:43.000 --> 43:44.000]  Okay.
[43:44.000 --> 43:45.000]  Hang on.
[43:45.000 --> 43:46.000]  We'll be right back.
[43:46.000 --> 43:47.000]  We're going to break this.
[43:47.000 --> 43:48.000]  This is Randy Kelton.
[43:48.000 --> 43:49.000]  There's a radio.
[43:49.000 --> 43:50.000]  I call it number 512-646-1984.
[43:50.000 --> 43:51.000]  We'll be right back.
[43:51.000 --> 43:52.000]  Are you the plaintiff or defendant in a lawsuit?
[43:52.000 --> 44:03.000]  When your case without an attorney with jurisdictionary, the affordable, easy to understand for city
[44:03.000 --> 44:11.000]  course that will show you how in 24 hours, step by step.
[44:11.000 --> 44:15.000]  If you have a lawyer, know what your lawyer should be doing.
[44:15.000 --> 44:19.000]  If you don't have a lawyer, know what you should do for yourself.
[44:19.000 --> 44:24.000]  Thousands have won with our step-by-step course, and now you can too.
[44:24.000 --> 44:30.000]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[44:30.000 --> 44:37.000]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[44:37.000 --> 44:43.000]  principles and practices that control our American courts.
[44:43.000 --> 44:50.000]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[44:50.000 --> 44:52.000]  prosay tactics, and much more.
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[44:56.000 --> 45:01.000]  We are called toll-free 866-LAW-EZ.
[45:01.000 --> 45:06.000]  The Oklahoma City Bombing, top 10 reasons to question the official story.
[45:06.000 --> 45:10.000]  Reason number one, John Doe number two, and other accomplices.
[45:10.000 --> 45:14.000]  On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the writer
[45:14.000 --> 45:18.000]  truck report that he was accompanied by other perpetrators.
[45:18.000 --> 45:23.000]  The FBI and federal prosecutors insist that Tim McVeigh alone delivered the writer truck bomb
[45:23.000 --> 45:25.000]  to the Murrow Building and detonated it.
[45:25.000 --> 45:29.000]  The only witness the government produced to place McVeigh at the building that morning,
[45:29.000 --> 45:33.000]  Dana Bradley, who lost her children in one of her legs in the bombing,
[45:33.000 --> 45:37.000]  testified that she saw McVeigh with another man, the fabled John Doe number two,
[45:37.000 --> 45:39.000]  exiting the writer truck.
[45:39.000 --> 45:43.000]  While at least 15 other witnesses claim to have seen McVeigh with other perpetrators
[45:43.000 --> 45:49.000]  the day of the bombing, no less than 226 witnesses placed him with other men in the
[45:49.000 --> 45:53.000]  days before the bombing, including when he rented the writer truck.
[45:53.000 --> 45:57.000]  And in some cases, have positively identified the other perpetrators.
[45:57.000 --> 46:23.000]  For more information, please visit okcbombingtruth.com.
[46:23.000 --> 46:38.000]  Okay, from the back, I was talking to Tyler in Wyoming.
[46:38.000 --> 46:42.000]  Tyler, I was doing something very specific.
[46:42.000 --> 46:47.000]  I was asking very specific questions intended to go to very specific places.
[46:47.000 --> 46:51.000]  And there was something I was trying to isolate.
[46:51.000 --> 46:57.000]  If this officer only responded to questions he was asked,
[46:57.000 --> 46:59.000]  he was not practicing law.
[46:59.000 --> 47:09.000]  But if the officer came in and stood at one table as the only representative for the
[47:09.000 --> 47:23.000]  municipality, if he made any unsolicited statements, then he is out of order.
[47:23.000 --> 47:28.000]  But if he only responded to questions either from you or from the judge,
[47:28.000 --> 47:31.000]  the officer is not out of order.
[47:31.000 --> 47:34.000]  He is not practicing law.
[47:34.000 --> 47:37.000]  He is merely performing as a witness.
[47:37.000 --> 47:43.000]  So did the officer make any statements that were unsolicited,
[47:43.000 --> 47:48.000]  or did he only respond to questions either from you or from the judge?
[47:48.000 --> 47:51.000]  Okay, I see you're saying, and the answer would be no,
[47:51.000 --> 47:54.000]  he only answered questions besides giving his testimony.
[47:54.000 --> 47:57.000]  But I have an argument for that, though.
[47:57.000 --> 48:03.000]  If he's the witness, how can a witness issue the ticket originally?
[48:03.000 --> 48:06.000]  That would be more so the plaintiff.
[48:06.000 --> 48:08.000]  No, no, no.
[48:08.000 --> 48:11.000]  The state is the plaintiff.
[48:11.000 --> 48:15.000]  In a criminal accusation, if I come in and file a criminal complaint...
[48:15.000 --> 48:17.000]  But it's an artificial entity, though.
[48:17.000 --> 48:20.000]  You can't cross-examine the state.
[48:20.000 --> 48:22.000]  Stop, stop, stop.
[48:22.000 --> 48:24.000]  Wait a minute.
[48:24.000 --> 48:25.000]  No, no.
[48:25.000 --> 48:29.000]  You don't have to cross-examine the plaintiff.
[48:29.000 --> 48:35.000]  You can cross-examine the witness against you.
[48:35.000 --> 48:39.000]  But who is bringing the accusation, though?
[48:39.000 --> 48:41.000]  See, that's what I don't understand.
[48:41.000 --> 48:44.000]  The state is bringing the accusation.
[48:44.000 --> 48:51.000]  You have the right to confront the witness against you.
[48:51.000 --> 48:52.000]  Right.
[48:52.000 --> 48:59.000]  The state is the political representative body of the people of any given state.
[48:59.000 --> 49:02.000]  That's what the state is.
[49:02.000 --> 49:08.000]  We empowered it to protect our rights together in that authority.
[49:08.000 --> 49:12.000]  So calling the state a legal entity, that doesn't matter.
[49:12.000 --> 49:19.000]  They are there to protect the individual rights of all the people of the state in a collective sense.
[49:19.000 --> 49:24.000]  We empowered them to do that.
[49:24.000 --> 49:34.000]  It's important that we understand that this has been put together over approximately 6,000 years.
[49:34.000 --> 49:38.000]  So it is a very well-structured system.
[49:38.000 --> 49:42.000]  And trying to take it apart and make it something it's not...
[49:42.000 --> 49:45.000]  We get a lot of this in the legal reform community.
[49:45.000 --> 49:51.000]  They try to come up with these really insightful ways of talking about things.
[49:51.000 --> 49:54.000]  This is a method of adjudicating a case.
[49:54.000 --> 50:03.000]  And in these lower courts, there are certain states, and I'm not familiar with Wyoming law specifically,
[50:03.000 --> 50:10.000]  but even in Texas, a judge is allowed to ask a witness questions.
[50:10.000 --> 50:17.000]  It is the duty of the judge to determine the facts in accordance with the rules of evidence.
[50:17.000 --> 50:23.000]  And he can use... He can ask questions for that purpose.
[50:23.000 --> 50:28.000]  If there are issues that neither side are addressing, he can ask those questions.
[50:28.000 --> 50:33.000]  He can ask questions of the police officer, and he's not your accuser.
[50:33.000 --> 50:35.000]  He can still be neutral.
[50:35.000 --> 50:40.000]  That doesn't necessarily disqualify him.
[50:40.000 --> 50:48.000]  The thing we want to do is point you toward those issues you actually can adjudicate.
[50:48.000 --> 50:55.000]  If we argue an issue that's a non-issue, it serves no purpose.
[50:55.000 --> 51:00.000]  If we make a distinction that doesn't have a difference, it doesn't help us move along.
[51:00.000 --> 51:04.000]  And that's where we're trying to get to here.
[51:04.000 --> 51:06.000]  Okay.
[51:06.000 --> 51:12.000]  Does that answer the question of in all criminal trials, doesn't there need to be a prosecutor?
[51:12.000 --> 51:15.000]  I mean, okay, got your will.
[51:15.000 --> 51:18.000]  No, actually not.
[51:18.000 --> 51:26.000]  In classy misdemeanor issues and lower court issues, they are intended to be less formal.
[51:26.000 --> 51:35.000]  And I'm not sure about the specific law in Wyoming, but in a number of states, they're not required to have a prosecutor.
[51:35.000 --> 51:41.000]  The judge is considered to be a neutral party, and he can ask questions of the police officer.
[51:41.000 --> 51:46.000]  And he can't ask questions of you unless you agree to be a witness.
[51:46.000 --> 51:51.000]  But he can ask of the police officer, and you can confront that witness.
[51:51.000 --> 51:55.000]  You have the right to confront the witnesses against you.
[51:55.000 --> 52:01.000]  So this doesn't deny due process, and it's not necessarily biased in any way.
[52:01.000 --> 52:07.000]  The judge could be biased, but the process is not biased by its nature.
[52:07.000 --> 52:09.000]  Okay.
[52:09.000 --> 52:13.000]  Now, I want to add real quick, and then I'll let you go around and listen.
[52:13.000 --> 52:17.000]  They say that they're unbiased, but we say a lot of things.
[52:17.000 --> 52:27.000]  And I always point out to people, if they're receiving money from that action, which of course they are, there's no way they can be.
[52:27.000 --> 52:29.000]  And that's why I commend people.
[52:29.000 --> 52:31.000]  That's a good argument.
[52:31.000 --> 52:36.000]  And what I said earlier is they're not necessarily biased.
[52:36.000 --> 52:53.000]  I'm not saying they're not biased, and you are right that I believe every municipal judge and most every justice in the piece is greatly influenced by his need to generate revenue.
[52:53.000 --> 53:01.000]  And that makes them biased, especially municipal courts are absolutely biased for that reason.
[53:01.000 --> 53:07.000]  But if we're going to fight them, if we're going to argue issues, we have to make sure we get the right issue.
[53:07.000 --> 53:12.000]  And that was what Eddie was going to earlier when you're talking about your right to travel.
[53:12.000 --> 53:26.000]  Well, you've got a right to travel, but that's the wrong issue here. The issue is, did the police officer have reason to believe that you were doing something other than traveling and acting in commerce?
[53:26.000 --> 53:31.000]  This is probably the hardest thing for all of us to get our head around.
[53:31.000 --> 53:34.000]  What are the actual issues we need to address?
[53:34.000 --> 53:41.000]  And I agree with you about the municipal judges and JPs being biased because of revenue generation.
[53:41.000 --> 53:45.000]  You might be putting two cents in here, Randy, you just brought up a good point.
[53:45.000 --> 53:46.000]  Absolutely.
[53:46.000 --> 53:56.000]  What is it that would make the issuing officer, what would tip him off that you might be engaged in commerce?
[53:56.000 --> 54:01.000]  You got tags, you got an inspection sticker, you got a license.
[54:01.000 --> 54:11.000]  He has nothing else to go on. He has no other reason to believe that you are engaged in commerce.
[54:11.000 --> 54:16.000]  Chances are he doesn't even know the difference.
[54:16.000 --> 54:19.000]  These issues are not taught to these officers.
[54:19.000 --> 54:31.000]  What is taught to the officers in their training is how to properly fill out the paperwork and that's it.
[54:31.000 --> 54:40.000]  But if your car is tagged and has an inspection sticker, he sees it as a motor vehicle.
[54:40.000 --> 54:43.000]  And yes, he's going to pull you over and issue a citation.
[54:43.000 --> 54:49.000]  Your argument is not on the side of the road with the guy with the gun.
[54:49.000 --> 54:55.000]  It's with the court and you've got to bring the right argument in or you're going to lose.
[54:55.000 --> 55:01.000]  Well, you're probably going to lose anyway, at least at that lower court level.
[55:01.000 --> 55:05.000]  But remember what Dr. Graves says.
[55:05.000 --> 55:10.000]  The trial court is about setting the record for appeal.
[55:10.000 --> 55:11.000]  Correct.
[55:11.000 --> 55:17.000]  And especially in municipal courts where the judge is only motivated by money.
[55:17.000 --> 55:20.000]  All you do is set the record for appeal.
[55:20.000 --> 55:29.000]  So when you raise an issue and he rules against it, you shouldn't feel like you're being mistreated or abused.
[55:29.000 --> 55:32.000]  He's just giving you more to throw at the appeals court.
[55:32.000 --> 55:34.000]  Thank you. Thank you.
[55:34.000 --> 55:39.000]  Check. Another rock on my side.
[55:39.000 --> 55:42.000]  Okay, do you have any, we really need to move along.
[55:42.000 --> 55:46.000]  Tyler, we've got a lot of stuff. Is there anything else that we need to address?
[55:46.000 --> 55:49.000]  Just real quick, I've got a real quick question.
[55:49.000 --> 55:55.000]  I did object a lot and reserve it for appeal, but you think I might have handled this wrong.
[55:55.000 --> 55:59.000]  So should I just not consider filing the appeal and just let this one go?
[55:59.000 --> 56:03.000]  No, appeal a crap out of it.
[56:03.000 --> 56:06.000]  This is not so much, this is traffic.
[56:06.000 --> 56:08.000]  It's not so much about law.
[56:08.000 --> 56:14.000]  It's about forcing them to give you a legal education.
[56:14.000 --> 56:18.000]  So I wouldn't cut them a half ounce of slack.
[56:18.000 --> 56:24.000]  You may have actually got something in there that'll serve your purpose.
[56:24.000 --> 56:36.000]  And it is so valuable in learning the practices and procedures and how things actually work that absolutely go after these guys.
[56:36.000 --> 56:40.000]  Falls into the idioms of nothing ventured, nothing gained.
[56:40.000 --> 56:48.000]  Yeah, the objective here being to make the cost of prosecuting these cases far greater than the amount of revenue they can generate.
[56:48.000 --> 56:58.000]  By running it up the flagpole as far as you can get it to go, the more resources are consumed in the prosecution and the appeal, thus increasing its cost to function.
[56:58.000 --> 57:02.000]  We do that, it will eventually bankrupt itself.
[57:02.000 --> 57:10.000]  It's called a cost benefit analysis and if you've got a judge with two brain cells to rub together and create a spark, he'll do that.
[57:10.000 --> 57:18.000]  He'll see that it's going to cost the state more than they're going to get from you.
[57:18.000 --> 57:20.000]  It's easier to leave you alone.
[57:20.000 --> 57:22.000]  Yeah, that's what I'm trying to do.
[57:22.000 --> 57:28.000]  That's why I try to take quite a bit of time and therefore I think you guys all listen in.
[57:28.000 --> 57:30.000]  Thank you for your knowledge.
[57:30.000 --> 57:32.000]  Thank you for your efforts.
[57:32.000 --> 57:37.000]  It's going to take folks like you who are willing to take these issues to court and fight them.
[57:37.000 --> 57:41.000]  Regardless of the outcome, we've got to fight, folks.
[57:41.000 --> 57:45.000]  We've got to put up a good, I don't want to even call it a defense.
[57:45.000 --> 57:47.000]  We've got to put up a good offense.
[57:47.000 --> 57:54.000]  If we put up a good, steady offense, they have no defense.
[57:54.000 --> 58:01.000]  All right, folks, we are about to go to break. We have about, oh, I don't know how long we got.
[58:01.000 --> 58:03.000]  Another hour left in the show.
[58:03.000 --> 58:08.000]  So Brent, Andy, Edward, Barrett, Walt, y'all hang in there.
[58:08.000 --> 58:11.000]  We will get back to you on the other side of this break.
[58:11.000 --> 58:16.000]  This is Eddie Craig with Randy Kelton, our special guest host tonight, Steve Skidmore.
[58:16.000 --> 58:23.000]  And for all you folks that are listening in, call in number 512-646-1984.
[58:23.000 --> 58:27.000]  We've got about an hour left. Don't wait too long or we may not get to you.
[58:27.000 --> 58:30.000]  We'll be right back after the break.
[58:30.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  The Bible for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:27.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.000 --> 59:40.000]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:40.000 --> 59:50.000]  That's 888-551-0102. Or visit us online at bfa.org.
[59:50.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at Logos Radio Network.
[01:00:00.000 --> 01:00:08.000]  The government has dreamed up a new way to erode your privacy in the name of fighting terrorism, tracking prepaid debit cards.
[01:00:08.000 --> 01:00:14.000]  I'm Dr. Catherine Albrecht and I'll give you the details of this latest assault on liberty in just a moment.
[01:00:14.000 --> 01:00:19.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:00:19.000 --> 01:00:24.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:24.000 --> 01:00:29.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:00:29.000 --> 01:00:32.000]  Privacy. It's worth hanging on to.
[01:00:32.000 --> 01:00:40.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:00:40.000 --> 01:00:43.000]  Start over with StartPage.
[01:00:43.000 --> 01:00:50.000]  Time and again, the government finds ways to make sure Big Brother is watching, always in the name of the war on terror.
[01:00:50.000 --> 01:00:54.000]  The newest idea is legislation to track prepaid debit cards.
[01:00:54.000 --> 01:01:02.000]  For years, people have used these cards anonymously just like cash, no fuss, and no financial footprints. For low-income people without a bank account,
[01:01:02.000 --> 01:01:06.000]  they provide important access to services like online purchases.
[01:01:06.000 --> 01:01:12.000]  But now lawmakers want to burden prepaid cards with detailed record keeping and surcharges.
[01:01:12.000 --> 01:01:16.000]  The real losers, of course, won't be terrorists who never follow the rules anyway.
[01:01:16.000 --> 01:01:20.000]  As usual, it will be us and our freedoms that pay the price.
[01:01:20.000 --> 01:01:25.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:33.000 --> 01:01:40.000]  Man meets woman on Craigslist and invites her over for a date. Then his wife comes home unexpectedly. What to do?
[01:01:40.000 --> 01:01:45.000]  I'm Dr. Catherine Albrecht, and I'll tell you how one cheating husband got what he deserved. Next.
[01:01:45.000 --> 01:01:51.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:01:51.000 --> 01:01:56.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:56.000 --> 01:02:01.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:02:01.000 --> 01:02:07.000]  Privacy, it's worth hanging on to. This public service announcement is brought to you by StartPage.com,
[01:02:07.000 --> 01:02:14.000]  the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:02:14.000 --> 01:02:21.000]  In Colorado, 24-year-old Kevin Gaylor invited a woman he'd met on Craigslist to come by his house for a meet-and-greet.
[01:02:21.000 --> 01:02:29.000]  Just two things conspired to make this a bad idea. One, Gaylor was married, and two, his wife came home unexpectedly
[01:02:29.000 --> 01:02:34.000]  just moments before his new friend rang the bell. Did he fess up, you're wondering? Nope.
[01:02:34.000 --> 01:02:40.000]  Instead, he called 911 and for some kooky reason claimed that his date was an armed burglar.
[01:02:40.000 --> 01:02:46.000]  Officers rest to the house, but the facts soon came out, and Gaylor was promptly arrested for making a false report.
[01:02:46.000 --> 01:02:50.000]  Somehow, I'm guessing he spent a safer night in jail than he would have at home.
[01:02:50.000 --> 01:03:14.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:20.000 --> 01:03:36.000]  Alright folks, we are back. This is Rule of Law Radio.
[01:03:36.000 --> 01:03:42.000]  Brady Kelton, Debra Stevenson, Eddie Craig, and tonight we have a special guest host, Steve Skidmore.
[01:03:42.000 --> 01:03:51.000]  And we are taking your calls, 512-646-984. We've got just about an hour left in the show, and we're going to go to Andy in Texas.
[01:03:51.000 --> 01:03:53.000]  Andy, what can we do for you?
[01:03:53.000 --> 01:03:56.000]  Hey, how y'all doing this evening?
[01:03:56.000 --> 01:03:58.000]  So far, so grand.
[01:03:58.000 --> 01:04:07.000]  So far so grand. Hey, I blew it. I actually didn't become aware of y'all's show or any of the information you guys have been putting out there
[01:04:07.000 --> 01:04:15.000]  or studying any of this until after I blew this deal in Lakeway here outside of Austin. I got several...
[01:04:15.000 --> 01:04:17.000]  Shame on you.
[01:04:17.000 --> 01:04:26.000]  I'm telling you, I'm feeling it. The failure of peer charge total amount due is $859.70.
[01:04:26.000 --> 01:04:29.000]  They got this stuff from some attorneys out of Round Rock.
[01:04:29.000 --> 01:04:33.000]  That's a bogus collection scam.
[01:04:33.000 --> 01:04:35.000]  It's a debt collector.
[01:04:35.000 --> 01:04:38.000]  It's a debt collector for the city of Lakeway.
[01:04:38.000 --> 01:04:45.000]  The fine for the failure to appear cannot exceed the fine for what the offense would be originally.
[01:04:45.000 --> 01:04:53.000]  And for a traffic citation, that is only a maximum of $200, except for insurance cases.
[01:04:53.000 --> 01:05:01.000]  We'll read 15 USC section 1692G.
[01:05:01.000 --> 01:05:05.000]  Oh, yeah, the Texas State Constitution Article 1.
[01:05:05.000 --> 01:05:09.000]  No, no, no, no, no. Fair Debt Collection Practices Act.
[01:05:09.000 --> 01:05:13.000]  Oh, I understand you. I'm just saying that in Article 1.
[01:05:13.000 --> 01:05:19.000]  You're not keeping mind. You're not dealing with the city. You're dealing with a debt collector, period. Bar none.
[01:05:19.000 --> 01:05:21.000]  The city's done with you.
[01:05:21.000 --> 01:05:23.000]  They wrote it off.
[01:05:23.000 --> 01:05:33.000]  It's my understanding that in municipal or in government-type collections, it never disappears. They want their money one way or another.
[01:05:33.000 --> 01:05:35.000]  Sure they do.
[01:05:35.000 --> 01:05:38.000]  And unless you discharge it, they're going to keep coming after you.
[01:05:38.000 --> 01:05:43.000]  I'm urging you to read 15 USC 1692G.
[01:05:43.000 --> 01:05:45.000]  Okay.
[01:05:45.000 --> 01:05:57.000]  Well, the states have tried to say that if someone is collecting for the municipality, that they don't fall under FTCPA.
[01:05:57.000 --> 01:06:03.000]  But I haven't found anything in the Fed that goes there.
[01:06:03.000 --> 01:06:14.000]  The only thing that exempts a debt, someone collecting, the only exemption is for someone who is recovering.
[01:06:14.000 --> 01:06:20.000]  Secured property, repo guys.
[01:06:20.000 --> 01:06:28.000]  Now, they're exempted from FTCPA, but they're not trying to collect a debt. They're trying to recover property.
[01:06:28.000 --> 01:06:32.000]  And this is something guys in foreclosure use saying they're trying to recover property.
[01:06:32.000 --> 01:06:35.000]  Horseman era, they're trying to recover a debt.
[01:06:35.000 --> 01:06:40.000]  And if these guys are trying to recover a debt, we don't care what the state says. It's the federal statute.
[01:06:40.000 --> 01:06:43.000]  You must have read the same thing I did.
[01:06:43.000 --> 01:06:46.000]  They go on to present it in this complaint.
[01:06:46.000 --> 01:06:50.000]  Please forward this letter to your attorney so that your attorney may contact our firm regarding this matter.
[01:06:50.000 --> 01:06:54.000]  If you believe that this ticket hasn't paid or otherwise satisfied, blah, blah, blah.
[01:06:54.000 --> 01:07:12.000]  And they say that you have a right to plead not guilty, post a bond, and have a trial by jury on any offense charged by contacting the court either in person or in writing.
[01:07:12.000 --> 01:07:17.000]  So I would have to pay them all this money to the, you know, by posting a bond in the dollar amount.
[01:07:17.000 --> 01:07:26.000]  I guess that they've got written here just to go ahead and try and get this back on track where I can lose to them and turn around and beat them in a deal.
[01:07:26.000 --> 01:07:41.000]  Well, the problem for them is if the alleged offense itself is a Class C fine only misdemeanor, there is absolutely no authority in Texas statute for a failure to appear warrant to ever be issued.
[01:07:41.000 --> 01:07:46.000]  There is nothing that requires you to appear on a Class C fine only.
[01:07:46.000 --> 01:08:10.000]  Even the transportation code, when it's taken in 543.010 or 009 with the other sections of the code of criminal procedure, make it very, very clear that only A and B misdemeanors can have the failure to appear because those are not fine only.
[01:08:10.000 --> 01:08:14.000]  Okay.
[01:08:14.000 --> 01:08:19.000]  Had you been coming to the traffic class on Sundays at Brave New Books, you would know that already.
[01:08:19.000 --> 01:08:30.000]  I went one day and I need to go back, by the way, in lieu of an email. Yeah, I'll be listening for the two day course. I'm in as long as you're going to feed me. I'm there.
[01:08:30.000 --> 01:08:43.000]  Plus, what are you going to charge like $100 or something? We don't know what the price would be. It all depends on what we're going to have to put together to make it. The traffic seminar was $450 for singles and $650 for couple.
[01:08:43.000 --> 01:08:51.000]  But one thing we can guarantee, we will provide you with a bag of peanuts.
[01:08:51.000 --> 01:09:00.000]  So that's Frank I'm hearing right now, correct? Frank? No, that's Randy. No, he said earlier, I'm going to be Frank.
[01:09:00.000 --> 01:09:08.000]  Well, he tried to be lots of people. Okay, good idea. I will be Frank if you'll be Ernest.
[01:09:08.000 --> 01:09:12.000]  Or you be Frank and I'll be Ernest.
[01:09:12.000 --> 01:09:14.000]  Role play or role change.
[01:09:14.000 --> 01:09:17.000]  Enough of that.
[01:09:17.000 --> 01:09:27.000]  Anyhow, so now I did one of the tickets I received at this particular stop was a driving law license suspended ticket. That may be a class B.
[01:09:27.000 --> 01:09:30.000]  Not if it's the first time.
[01:09:30.000 --> 01:09:37.000]  And it's not that is not a proper charge. The proper charge is driving while license invalid.
[01:09:37.000 --> 01:09:51.000]  And that statute can only be applied to someone in transportation whose license actually expired during a period when it was already suspended.
[01:09:51.000 --> 01:10:08.000]  Well, check in with you guys on Sunday. Now listen, I've been listening with you guys talking with Blastell and also throughout the evening and I think you are onto something.
[01:10:08.000 --> 01:10:21.000]  In the state constitution, when you get under, you know, you get in here, you start looking at the section about the judiciary, disqualification of judges and so forth.
[01:10:21.000 --> 01:10:29.000]  And based on their oath, I mean, couldn't we do sort of a class action suit? There's absolutely no way that these people are faithfully executing the duties of their office.
[01:10:29.000 --> 01:10:36.000]  If they sit there and just assume that every single one of these people coming in front of them were involved in transportation.
[01:10:36.000 --> 01:10:43.000]  No, that's called a legal presumption and it's perfectly valid unless it's rebutted.
[01:10:43.000 --> 01:10:54.000]  The key is to recognize they're operating on presumption and rebut it. Otherwise, it creates what the law recognizes as a prima facie case.
[01:10:54.000 --> 01:10:57.000]  Unfortunately, there's a 6000 years coming back to bite us.
[01:10:57.000 --> 01:10:59.000]  Exactly.
[01:10:59.000 --> 01:11:06.000]  Well, all right. Eddie, I'm going to have to come by and see you on Sunday. Hopefully this Sunday. Are you going to be down there?
[01:11:06.000 --> 01:11:17.000]  Yes, we are. Even though it is supposed to be Father's Day, unless the bookstore is closed, we will conduct Sunday classes, unless I happen to have to be out of town.
[01:11:17.000 --> 01:11:19.000]  They're going to be there. Do you have kids?
[01:11:19.000 --> 01:11:21.000]  No.
[01:11:21.000 --> 01:11:24.000]  Well, then you aren't a father necessarily.
[01:11:24.000 --> 01:11:28.000]  Actually, my real dad's alive, but he's over on the east side of Texas.
[01:11:28.000 --> 01:11:31.000]  Oh, well, okay. I see where you're coming from.
[01:11:31.000 --> 01:11:42.000]  All right, guys. Well, I appreciate the information and, you know, hopefully I may be able to do something to turn this around because it really does stink, the kind of money they're asking for.
[01:11:42.000 --> 01:11:48.000]  Oh, real quick, can I sue these guys for something? These guys out of Round Rock?
[01:11:48.000 --> 01:11:54.000]  The Fair Day Collection Practices Act under the Mike Mears method you could.
[01:11:54.000 --> 01:11:58.000]  Really? Yep. That's what Steve was talking about earlier.
[01:11:58.000 --> 01:12:05.000]  I was going to say your guest host there, Steve. I heard you loud and clear and I made a note of that. I will look at that. And thanks a lot for the information, guys. Keep it up.
[01:12:05.000 --> 01:12:07.000]  Absolutely.
[01:12:07.000 --> 01:12:19.000]  And keep in mind that all these shows are archived. If you're not already a member, join, become a member, and you'll get free access to all the archives.
[01:12:19.000 --> 01:12:25.000]  There's a mountain of very good information that's just there for the picking.
[01:12:25.000 --> 01:12:38.000]  That's amazing. I've started downloading some of them. I'm going to ask one question. I'll put it off the line to the answer. Randy, can you explain how I can go about getting one of those DOT numbers and the size and location I would have to put it on my vehicle?
[01:12:38.000 --> 01:12:55.000]  Yeah, just go to the DOT, the Federal Department of Transportation, and go to the place to register. And when you register, there's a place to select in there as a private operator.
[01:12:55.000 --> 01:13:10.000]  And what that does is give them due notice that you're operating private. You know, this is primarily for guys like farmers who has tractor traders to haul his product to market.
[01:13:10.000 --> 01:13:28.000]  Now, if a guy's out there with a grain truck that, you know, it's a CMI 18-wheeler, it looks like a commercial vehicle. But if it is the farmer hauling his own product to market, then it may look like a commercial vehicle, but it's not operating in commerce.
[01:13:28.000 --> 01:13:48.000]  And that's what this is for. And if you have a, you know, I have an avalanche, it's capable of holding six people for hire. But, and I have a license that would authorize me to transport six people for hire.
[01:13:48.000 --> 01:13:51.000]  But I don't use it for that.
[01:13:51.000 --> 01:14:02.000]  And this is personal use. It's right. This notice is noticed as I don't use it for that purpose, even though it could be. That's not what I'm using it for.
[01:14:02.000 --> 01:14:20.000]  If I might throw another two cents in here, something you're going to have to get used to is break yourself of the habit of using commercial terms in regard to yourself if you're not engaged in commerce, such as the reference of your car or truck as a vehicle.
[01:14:20.000 --> 01:14:26.000]  Vehicle being a commercial term. That's not a mistake that you want to make in court.
[01:14:26.000 --> 01:14:34.000]  And I would actually hold off on the application for that Form 150 until Class Sunday.
[01:14:34.000 --> 01:14:46.000]  All right. Well, like I said, the farmer that you mentioned, Randy, he's got a bigger problem. The FDA is going to come after him with their SWAT team after he doesn't get his milk.
[01:14:46.000 --> 01:15:02.000]  Okay. These guys need to quit selling raw milk to ordinary individuals for human consumption and start selling raw milk to ordinary individuals for their pets.
[01:15:02.000 --> 01:15:04.000]  That's it. That's it.
[01:15:04.000 --> 01:15:05.000]  Good point.
[01:15:05.000 --> 01:15:16.000]  The Amish guy, the Amish guy, he sells him some milk. They cross the line, pop the top, drink some, then come back at him and say, okay, well, you know, it's federal because we crossed the line with it and drank it. That was bizarre.
[01:15:16.000 --> 01:15:30.000]  He should put on their pet food intended for pet consumption, not people.
[01:15:30.000 --> 01:15:36.000]  Anyway, I've dealt with this raw milk issue with the Amish.
[01:15:36.000 --> 01:15:47.000]  And the Amish are kind of hard because they're not very aggressive. They tend to be passive toward government officials, so they walk all over.
[01:15:47.000 --> 01:15:49.000]  They're not very law-said either.
[01:15:49.000 --> 01:16:03.000]  Yeah, well, and they're getting savvy. And we had some in the New Holland area and around intercourse and reluctant to say blue ball, but they're all in the same area.
[01:16:03.000 --> 01:16:11.000]  Those are the names I remember. But, you know, they were fighting this issue. They had a couple of guys that were taking them on pretty decent.
[01:16:11.000 --> 01:16:21.000]  But they're not real good at it because it's not in the nature of their belief system. They need somebody from the outside who will help take this issue to them.
[01:16:21.000 --> 01:16:28.000]  And if they sold all this for pet food, all this nonsense would be over.
[01:16:28.000 --> 01:16:32.000]  Good point. Well, Randy, we've got 45 minutes and four more callers on.
[01:16:32.000 --> 01:16:38.000]  I think if we sell some of the FDA agents as pet food, it would all go away.
[01:16:38.000 --> 01:16:41.000]  That is the best suggestion I've heard all day.
[01:16:41.000 --> 01:16:44.000]  Thank you. All third-bit motion.
[01:16:44.000 --> 01:16:52.000]  Okay, this is Randy Kelton, David Steele, Dave Craig, Mila Blau Radio, Brent, Edward, Barrett.
[01:16:52.000 --> 01:17:00.000]  The calls are building up. We'll get to as many as we can. We'll be right back on the other side.
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[01:19:49.000 --> 01:19:59.000]  Okay, we're back. We're going to go to Edward in Massachusetts.
[01:19:59.000 --> 01:20:05.000]  Edward, would you happen to be from Worcester?
[01:20:05.000 --> 01:20:07.000]  No.
[01:20:07.000 --> 01:20:20.000]  Well, I just had to say that I have a friend from Worcester and he spent a lot of time teaching me that it wasn't Worchester.
[01:20:20.000 --> 01:20:24.000]  Okay, go ahead.
[01:20:24.000 --> 01:20:29.000]  They can't spell or they can't pronounce. Take your pick.
[01:20:29.000 --> 01:20:31.000]  I'm sorry?
[01:20:31.000 --> 01:20:38.000]  I was saying either the folks up there can't spell or they can't pronounce. Take your pick.
[01:20:38.000 --> 01:20:41.000]  Well, it's their town. They can call it whatever they want to.
[01:20:41.000 --> 01:20:44.000]  There you go. Absolutely beautiful.
[01:20:44.000 --> 01:20:49.000]  All I know is that stuff tastes real good on steak, but go ahead.
[01:20:49.000 --> 01:20:51.000]  Okay, go ahead, Edward.
[01:20:51.000 --> 01:20:54.000]  Okay, anyway, go ahead.
[01:20:54.000 --> 01:20:58.000]  So I was there on Wednesday night and listened and got a lot out of the session.
[01:20:58.000 --> 01:21:01.000]  Edward, are you on a speakerphone?
[01:21:01.000 --> 01:21:04.000]  Hold on. Yes.
[01:21:04.000 --> 01:21:09.000]  Okay, we will get shot if we allow you to continue on the speakerphone.
[01:21:09.000 --> 01:21:17.000]  Take the speakerphone and beat yourself across the face and ears with it.
[01:21:17.000 --> 01:21:20.000]  Okay, was this easier to do than you told now?
[01:21:20.000 --> 01:21:24.000]  Much better.
[01:21:24.000 --> 01:21:30.000]  Here we are. So I was there on Wednesday night and listened to the session,
[01:21:30.000 --> 01:21:35.000]  the whole session and got a lot out of it.
[01:21:35.000 --> 01:21:38.000]  Okay, wait, hold on just a second.
[01:21:38.000 --> 01:21:45.000]  For the listeners on Wednesday night, I do a call in on mortgage issues.
[01:21:45.000 --> 01:21:47.000]  That's what he's referring to.
[01:21:47.000 --> 01:21:49.000]  I was going to say.
[01:21:49.000 --> 01:21:51.000]  Okay, go ahead.
[01:21:51.000 --> 01:21:57.000]  Okay, so I particularly enjoyed listening to a bill story, Bill from Michigan there.
[01:21:57.000 --> 01:22:07.000]  And so I spoke to you the previous Wednesday and we talked about the Service Members Civil Relief Act.
[01:22:07.000 --> 01:22:15.000]  So since I spoke to you then, I filed my motion to dismiss this past Monday
[01:22:15.000 --> 01:22:20.000]  and it's only been a few days and I haven't heard from the court.
[01:22:20.000 --> 01:22:24.000]  But today...
[01:22:24.000 --> 01:22:34.000]  In Massachusetts, how long does a respondent have to reply to a motion?
[01:22:34.000 --> 01:22:40.000]  I had until the 11th and I filed my motion on the 11th.
[01:22:40.000 --> 01:22:43.000]  Okay.
[01:22:43.000 --> 01:22:49.000]  Okay, use this motion. How long does the other side have to respond to your motion?
[01:22:49.000 --> 01:22:51.000]  We put a motion before...
[01:22:51.000 --> 01:22:56.000]  The Fed, you got 10 days, but generally in states it's 30.
[01:22:56.000 --> 01:23:03.000]  Yeah, so we don't expect to reply, we don't expect an answer from...
[01:23:03.000 --> 01:23:06.000]  We put a motion before the court to dismiss the case.
[01:23:06.000 --> 01:23:09.000]  So I don't know if the other side is going to respond or not.
[01:23:09.000 --> 01:23:11.000]  We just asked for a rule in the court.
[01:23:11.000 --> 01:23:13.000]  So I expect to hear from the court.
[01:23:13.000 --> 01:23:15.000]  Okay, the other side has to respond.
[01:23:15.000 --> 01:23:20.000]  If they don't respond, then the court has to rule in your favor, they stipulate.
[01:23:20.000 --> 01:23:22.000]  So they will probably respond.
[01:23:22.000 --> 01:23:33.000]  You have a motion, an answer, and when they answer, you'll have an opportunity to file a response to their answer
[01:23:33.000 --> 01:23:35.000]  and that's where it stops.
[01:23:35.000 --> 01:23:39.000]  Unless you ask the court, if the other side wants to respond to your answer,
[01:23:39.000 --> 01:23:41.000]  they have to ask for permission.
[01:23:41.000 --> 01:23:43.000]  So that's generally how it works.
[01:23:43.000 --> 01:23:46.000]  Most certainly answer.
[01:23:46.000 --> 01:23:50.000]  Okay, that's good to know.
[01:23:50.000 --> 01:24:02.000]  So anyway, today we got our weekly town newspaper and in there was the first legal notice advertising the sale of our property.
[01:24:02.000 --> 01:24:08.000]  So it's also to run next Friday and the Friday after.
[01:24:08.000 --> 01:24:13.000]  They run it three times, so the sale date for the house is going to be July 13.
[01:24:13.000 --> 01:24:18.000]  So I would suggest you.
[01:24:18.000 --> 01:24:20.000]  I guess I'll talk to Dave.
[01:24:20.000 --> 01:24:22.000]  Yeah.
[01:24:22.000 --> 01:24:25.000]  Plean abatement.
[01:24:25.000 --> 01:24:30.000]  A plea in abatement is an old plea and in some states they've called it something else,
[01:24:30.000 --> 01:24:38.000]  but we can still call it a plea in abatement because it goes to exactly what you're asking.
[01:24:38.000 --> 01:24:42.000]  If you ask the court to issue a plea in abatement,
[01:24:42.000 --> 01:24:50.000]  you're only asking the court to direct the other side to stop whatever they're doing.
[01:24:50.000 --> 01:24:55.000]  In the plea in abatement, you're not asking for the court to rule against them,
[01:24:55.000 --> 01:25:01.000]  but only say maintain the status quo, stop where you're at, do nothing else,
[01:25:01.000 --> 01:25:07.000]  until we make a decision on this challenge to subject manager jurisdiction.
[01:25:07.000 --> 01:25:14.000]  And if this is a plea based on the Servicemen, Sailors and Servicemen's Act,
[01:25:14.000 --> 01:25:23.000]  the only claim you can make here is a claim to challenge the subject manager jurisdiction
[01:25:23.000 --> 01:25:34.000]  that the person filing this document with the court has no power to file this with the court.
[01:25:34.000 --> 01:25:40.000]  And that's the only claim that can be made in the Sailors and Servicemen's.
[01:25:40.000 --> 01:25:51.000]  But if the other side is moving towards foreclosure, then you ask the court to ask them to just stop.
[01:25:51.000 --> 01:25:55.000]  Don't do anything more. You're not asking the court to rule against them there.
[01:25:55.000 --> 01:26:03.000]  So it's easy for a judge to give you the plea in abatement where it's not so easy for him to give you the subject manager jurisdiction.
[01:26:03.000 --> 01:26:09.000]  You have the subject manager jurisdiction here. I'm looking at the motion David just gave it to me.
[01:26:09.000 --> 01:26:18.000]  But get a plea in abatement and we actually have one in our paperwork that we can structure for you.
[01:26:18.000 --> 01:26:24.000]  Good, good, good. Okay. Then you're a step ahead of me already.
[01:26:24.000 --> 01:26:26.000]  Can I toss two cents in here?
[01:26:26.000 --> 01:26:30.000]  Absolutely. I'm going to throw in a nickel for my beer fund.
[01:26:30.000 --> 01:26:35.000]  Well, okay, I'll throw in seven cents in.
[01:26:35.000 --> 01:26:46.000]  If your property does go to Sheriff's Sail, show up at the sail, show up with a bright red folder in your hand.
[01:26:46.000 --> 01:26:52.000]  In this folder, you should have several copies of a legal notice.
[01:26:52.000 --> 01:27:01.000]  That is that there is a clouded title on the property and any bidders will be enjoined in a suit.
[01:27:01.000 --> 01:27:05.000]  Any bidders will be sued.
[01:27:05.000 --> 01:27:08.000]  This will not stop the sale.
[01:27:08.000 --> 01:27:16.000]  What it will do is it will strongly discourage anybody who would wish to bid on your property.
[01:27:16.000 --> 01:27:19.000]  It will discourage them from bidding on your property.
[01:27:19.000 --> 01:27:25.000]  Therefore, it will go back to the bank and no other innocent party will be joined in your suit.
[01:27:25.000 --> 01:27:28.000]  Did that make sense?
[01:27:28.000 --> 01:27:35.000]  Absolutely. Well, the Supreme District Court of Massachusetts has already ruled that any sale after a foreclosure sale...
[01:27:35.000 --> 01:27:43.000]  Yes, they did. They actually overturned all of the Sheriff's Sails for the last five years.
[01:27:43.000 --> 01:27:49.000]  Very good decision and you're in a perfect place to take that position.
[01:27:49.000 --> 01:27:55.000]  Wait a minute. I didn't hear all of that.
[01:27:55.000 --> 01:28:01.000]  Edward, go ahead. What was that decision?
[01:28:01.000 --> 01:28:05.000]  That was the Ibanez case.
[01:28:05.000 --> 01:28:07.000]  Oh, the Ibanez case.
[01:28:07.000 --> 01:28:11.000]  Ibanez was one case.
[01:28:11.000 --> 01:28:23.000]  There was a decision handed down from the Supreme Court of Massachusetts in a later decision that virtually overturned all foreclosure sales for the previous five years.
[01:28:23.000 --> 01:28:31.000]  The issue was that there was somebody who purchased a property on a short sale.
[01:28:31.000 --> 01:28:42.000]  They realized after the sale of the property that they couldn't get insurance on the title because there was a cloud on the title, so there was no true sale.
[01:28:42.000 --> 01:28:48.000]  Keep in mind, in order for there to be a true sale, you must have a perfected lien.
[01:28:48.000 --> 01:28:52.000]  You cannot perfect a lien under a clouded title.
[01:28:52.000 --> 01:29:05.000]  MERS, if you've got a mortgage electronic registration system on your mortgage, whether you do or not, it helps to have MERS on your deed of trust or mortgage,
[01:29:05.000 --> 01:29:17.000]  but this would indicate that there is a discrepancy or you can't be sure who owns it, how they own it, do they own it by lawful means.
[01:29:17.000 --> 01:29:26.000]  This creates a cloud on the title. Again, to go back through that, that successive change, there cannot be a true sale without a perfected lien.
[01:29:26.000 --> 01:29:29.000]  You cannot perfect a lien under a clouded title.
[01:29:29.000 --> 01:29:33.000]  Okay, Steve, you're talking about bevel lock walk.
[01:29:33.000 --> 01:29:36.000]  Thank you. Thank you. Yes.
[01:29:36.000 --> 01:29:38.000]  Okay.
[01:29:38.000 --> 01:29:42.000]  Hang on Edward. We're about to go to break.
[01:29:42.000 --> 01:29:47.000]  This is Randy Kelton's episode of David Craig with the radio.
[01:29:47.000 --> 01:29:53.000]  We're all going to, we've got two more segments in our four hour info marathon.
[01:29:53.000 --> 01:30:00.000]  We're talking to Edward in Massachusetts. We'll be right back from the other side.
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[01:32:23.000 --> 01:32:27.000]  Okay, we're back.
[01:32:27.000 --> 01:32:35.000]  We're talking to Edward Massachusetts and I'm looking over your document here.
[01:32:35.000 --> 01:32:39.000]  There are some things I'd like to talk to you off the air about.
[01:32:39.000 --> 01:32:50.000]  And the one thing that has to be in a challenge after a notice under sailors and servicemen
[01:32:50.000 --> 01:32:55.000]  it must be a challenge to subject manager jurisdiction.
[01:32:55.000 --> 01:33:09.000]  And while it will be treated as that, even if it doesn't say that, it should actually directly address the fact that the party who made the filing
[01:33:09.000 --> 01:33:12.000]  had no standing to make the filing.
[01:33:12.000 --> 01:33:20.000]  I think I haven't had time to read the whole thing. I've just had the glass over but it appears as though that's exactly what you've done.
[01:33:20.000 --> 01:33:22.000]  Is that correct?
[01:33:22.000 --> 01:33:25.000]  That's correct, sir. Yes.
[01:33:25.000 --> 01:33:31.000]  Good. Okay. We just started kind of landed on you when you came on.
[01:33:31.000 --> 01:33:36.000]  What was your question or comment I have?
[01:33:36.000 --> 01:33:43.000]  I just wanted to kind of give you an update on, you know, how things had gone for me in the last 10 days because I did a lot of homework,
[01:33:43.000 --> 01:33:50.000]  you know, putting that motion together last weekend and like I said, I did get a lot out of that show.
[01:33:50.000 --> 01:34:01.000]  And one comment I can make is that the more I get into this, the more I realize that the banks are really, they really know what they're doing
[01:34:01.000 --> 01:34:11.000]  and they're really trying to pull it over on us. And, you know, they sold the notes and now they're trying to double-dip.
[01:34:11.000 --> 01:34:17.000]  They're trying to take homes after they've already collected the money for it, you know, for the note.
[01:34:17.000 --> 01:34:19.000]  Exactly.
[01:34:19.000 --> 01:34:27.000]  Double-dip? That's an underestimation. Let me tell you about Dippage. They collect the property, sell it.
[01:34:27.000 --> 01:34:36.000]  They collect Fannie Mae, Freddie Mac. They collect, once they get your hind end off the property, they go back into the securities market
[01:34:36.000 --> 01:34:44.000]  and they collect their, collect on their credit default swaps in the derivatives markets.
[01:34:44.000 --> 01:34:54.000]  We found service pools that had 36 to 1 odds. That means that if you get removed from the property because of the default,
[01:34:54.000 --> 01:35:03.000]  they collect 36 times the amount of the note. Now, where is their incentive to work with you?
[01:35:03.000 --> 01:35:07.000]  Their incentive is to get you out.
[01:35:07.000 --> 01:35:09.000]  Yeah, exactly.
[01:35:09.000 --> 01:35:11.000]  Okay, yep.
[01:35:11.000 --> 01:35:20.000]  Okay, and I do have a note here. It says, you want to know more about going after the lawyers.
[01:35:20.000 --> 01:35:22.000]  That's right.
[01:35:22.000 --> 01:35:26.000]  This is a fun part.
[01:35:26.000 --> 01:35:27.000]  Yeah.
[01:35:27.000 --> 01:35:36.000]  It's about being outside the box. Lawyers live inside a lawyer box.
[01:35:36.000 --> 01:35:43.000]  Lawyers tend to be restricted to making arguments they think they can win.
[01:35:43.000 --> 01:35:47.000]  We're not lawyers. We don't care about that part.
[01:35:47.000 --> 01:35:51.000]  We can make arguments we think we can cost you a lot of money with.
[01:35:51.000 --> 01:36:00.000]  Lawyers live inside this other box where all lawyers feel vulnerable.
[01:36:00.000 --> 01:36:09.000]  So if the other lawyer on the other side screws up, this lawyer is not going to kick him in the seat of his pants,
[01:36:09.000 --> 01:36:15.000]  because the next time he screws up, he don't want to be kicked in his pants.
[01:36:15.000 --> 01:36:21.000]  So the lawyers tend to cut lawyers slack. Well, we're not lawyers.
[01:36:21.000 --> 01:36:29.000]  And we have found, and it wasn't just that we found we were led to this.
[01:36:29.000 --> 01:36:35.000]  On Pastor Massage, I was doing Pastor Massage show and a guy on there said,
[01:36:35.000 --> 01:36:40.000]  never stipulate to anything and that really stuck with me.
[01:36:40.000 --> 01:36:43.000]  Never stipulate.
[01:36:43.000 --> 01:36:55.000]  So you have this lawyer who sends you this letter telling you that he is collecting this debt for this bank.
[01:36:55.000 --> 01:36:58.000]  Why do you know that?
[01:36:58.000 --> 01:37:03.000]  Now one lawyer is not going to kick another lawyer by asking him to prove up his position.
[01:37:03.000 --> 01:37:06.000]  He'll just accept it. Well, we're not lawyers.
[01:37:06.000 --> 01:37:11.000]  So we don't owe the lawyer any professional courtesy.
[01:37:11.000 --> 01:37:18.000]  So when the lawyer makes a claim and we have reason to believe he doesn't have authority to make the claim,
[01:37:18.000 --> 01:37:26.000]  we see the lawyer under FTCPA 1590, 15 USC 1692 F.
[01:37:26.000 --> 01:37:37.000]  If a debt collector makes a threat to take an action that he either does not intend to take or does not have the authority to take,
[01:37:37.000 --> 01:37:41.000]  it's a violation. So you make this threat to take this action.
[01:37:41.000 --> 01:37:48.000]  You claim to be acting at the behest of this entity over here.
[01:37:48.000 --> 01:37:55.000]  Well, we can't go talk to the entity yet because we don't know if they really sent you or not.
[01:37:55.000 --> 01:37:58.000]  We only know you sent us the threat note.
[01:37:58.000 --> 01:38:01.000]  So prove it.
[01:38:01.000 --> 01:38:08.000]  And we have been filing these and we had Franco on the show the other night.
[01:38:08.000 --> 01:38:11.000]  The law firm, he sued the law firm.
[01:38:11.000 --> 01:38:24.000]  The law firm hired another firm to represent them and their attorney for the law firm representing them called to make a deal.
[01:38:24.000 --> 01:38:31.000]  Well, all they had to do is prove up that they had agency standing in capacity.
[01:38:31.000 --> 01:38:35.000]  But instead of doing that, they want to make a deal.
[01:38:35.000 --> 01:38:37.000]  Yahoo!
[01:38:37.000 --> 01:38:39.000]  So this is...
[01:38:39.000 --> 01:38:43.000]  That's a test of implication that they never had agency.
[01:38:43.000 --> 01:38:45.000]  Absolutely.
[01:38:45.000 --> 01:38:50.000]  And so suing the law firms, these law firms don't know what to do with that.
[01:38:50.000 --> 01:38:52.000]  It's driving them crazy.
[01:38:52.000 --> 01:38:58.000]  They're not used to being sued because other lawyers would never do that.
[01:38:58.000 --> 01:39:05.000]  And that's part of our purpose is to introduce these lawyers to the procé from hell.
[01:39:05.000 --> 01:39:13.000]  And when they file a response and the response goes to an underlying debt,
[01:39:13.000 --> 01:39:16.000]  then you file a bar grievance against him.
[01:39:16.000 --> 01:39:24.000]  You file a motion to strike the pleading as frivolous and you move for sanctions against the lawyer.
[01:39:24.000 --> 01:39:30.000]  Now, no lawyer would ever do a thing like that to one of his fellow buddies.
[01:39:30.000 --> 01:39:32.000]  But we're not lawyers.
[01:39:32.000 --> 01:39:34.000]  Fellow buddies.
[01:39:34.000 --> 01:39:36.000]  Exactly.
[01:39:36.000 --> 01:39:38.000]  Yeah, they are. They all work together.
[01:39:38.000 --> 01:39:41.000]  They deal with one another over and over.
[01:39:41.000 --> 01:39:45.000]  So they cut one another professional slack.
[01:39:45.000 --> 01:39:49.000]  Well, this is the power of going in as a procé.
[01:39:49.000 --> 01:39:55.000]  You have the detriment in that the court's going to rule against you out of hand at every turn,
[01:39:55.000 --> 01:39:58.000]  but we can bring the lawyer in later.
[01:39:58.000 --> 01:40:06.000]  And when we do bring a lawyer in, we want that lawyer to have plausible deniability.
[01:40:06.000 --> 01:40:15.000]  We want the other side to know that this lawyer has a real SOB for a client.
[01:40:15.000 --> 01:40:22.000]  And so the lawyer can come in and say, look, I'm doing everything I can, but I got an SOB for a client.
[01:40:22.000 --> 01:40:24.000]  You saw what he's done to you already.
[01:40:24.000 --> 01:40:26.000]  You know what an SOB is.
[01:40:26.000 --> 01:40:30.000]  And if I'm not careful, he's going to start filing complaints against me.
[01:40:30.000 --> 01:40:31.000]  So help me out here.
[01:40:31.000 --> 01:40:32.000]  Let's make a deal.
[01:40:32.000 --> 01:40:34.000]  Make this go away.
[01:40:34.000 --> 01:40:40.000]  Yeah, and the attorney that I'm trying to get connected with for that point is the guy that,
[01:40:40.000 --> 01:40:48.000]  the attorney that handled the Ibanez case, but the guy that represented the Loray family in that case.
[01:40:48.000 --> 01:40:50.000]  Oh, wonderful.
[01:40:50.000 --> 01:40:58.000]  If I can get that guy to take my case, Glenn Russell, if I can get him to sign on later on down the road when I need him,
[01:40:58.000 --> 01:40:59.000]  that would be perfect.
[01:40:59.000 --> 01:41:01.000]  He's a busy guy.
[01:41:01.000 --> 01:41:08.000]  If you can get him to me, I'd like to give him some tools.
[01:41:08.000 --> 01:41:19.000]  The one I talked about earlier about the mortgage, I actually developed this mortgage for someone in Millbury, Massachusetts.
[01:41:19.000 --> 01:41:21.000]  Aha.
[01:41:21.000 --> 01:41:23.000]  So that's where I developed before.
[01:41:23.000 --> 01:41:26.000]  We had a case in Millbury, Massachusetts.
[01:41:26.000 --> 01:41:42.000]  And we called the law firm today before they foreclosed with a foreclosure sale and told them that they didn't provide proper service.
[01:41:42.000 --> 01:41:52.000]  And they said, well, we sent a document certified mail and he went and checked and said it was returned to him undelivered.
[01:41:52.000 --> 01:41:54.000]  And he foreclosed anyway.
[01:41:54.000 --> 01:42:00.000]  We went and pulled the county records and we found this assignment.
[01:42:00.000 --> 01:42:05.000]  We didn't find the assignment by doing a name search.
[01:42:05.000 --> 01:42:07.000]  It didn't show up.
[01:42:07.000 --> 01:42:12.000]  We found it when we did a property address search.
[01:42:12.000 --> 01:42:20.000]  And it was an assignment to this, sorry, whoever was doing the foreclosure.
[01:42:20.000 --> 01:42:27.000]  Everything on the assignment was written in the same hand.
[01:42:27.000 --> 01:42:32.000]  At the bottom of the document, there was the signature line and it was signed.
[01:42:32.000 --> 01:42:36.000]  The date was put on there in a real heavy dark pin.
[01:42:36.000 --> 01:42:39.000]  It looked like a felt tip pin.
[01:42:39.000 --> 01:42:50.000]  And whoever was writing it used a real heavy hand and it was what in graphology is called an inferior font or an inferior handwriting.
[01:42:50.000 --> 01:42:56.000]  And the center section of the handwriting was approximately the same size as the upper and lower section.
[01:42:56.000 --> 01:43:03.000]  And generally you find that in teenagers or people who are very bodily orientated.
[01:43:03.000 --> 01:43:10.000]  People who are generally sickly or very focused on their own body.
[01:43:10.000 --> 01:43:12.000]  It's just one of those odd things.
[01:43:12.000 --> 01:43:14.000]  But it was a characteristic handwriting.
[01:43:14.000 --> 01:43:20.000]  And then there was a juror at attached to that page but it was crossed out.
[01:43:20.000 --> 01:43:29.000]  And then on a separate page, not directly connected to the other pages, was a second juror at.
[01:43:29.000 --> 01:43:40.000]  And that one had everything on it filled out by in this same hand, except for the signature of the known, which was in a very elegant, beautiful handwriting.
[01:43:40.000 --> 01:43:45.000]  The problem was the date on the document was the 24th.
[01:43:45.000 --> 01:43:50.000]  The date on the juror at was the 23rd.
[01:43:50.000 --> 01:44:00.000]  They got a problem. These are things you need to look at.
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[01:46:23.000 --> 01:46:28.000]  Okay, we're back.
[01:46:28.000 --> 01:46:35.000]  I apologize for that fun in the outro last time.
[01:46:35.000 --> 01:46:39.000]  One of my clocks is not working and I was looking at the wrong number.
[01:46:39.000 --> 01:46:42.000]  Okay, we're talking to Edward in Massachusetts.
[01:46:42.000 --> 01:46:44.000]  Edward, do you have anything else for us?
[01:46:44.000 --> 01:46:50.000]  We are running out of time and we need to talk to you tomorrow sometime offline if we can.
[01:46:50.000 --> 01:46:55.000]  Okay, cool. Do you want me to just call David or is there a number you want to call me at this point?
[01:46:55.000 --> 01:47:00.000]  Yes, call David tomorrow. I have a couple of things I want to address with you.
[01:47:00.000 --> 01:47:03.000]  Okay, cool. And we can get you on the phone too?
[01:47:03.000 --> 01:47:07.000]  Yes, I'm here at David's now.
[01:47:07.000 --> 01:47:10.000]  Oh, okay, cool. Yeah.
[01:47:10.000 --> 01:47:29.000]  One of the things is we did get a loan modification on this loan. Part of my motivation for going after Bank of America is that we end up paying more money on the modification than we did on the original.
[01:47:29.000 --> 01:47:34.000]  No, loan modifications are absolutely a scam.
[01:47:34.000 --> 01:47:36.000]  I'll back you up on that.
[01:47:36.000 --> 01:47:50.000]  The whole thing is a scam. If they've securitized your note and put it in a RIMIC, they cannot modify it because it would alter the collateral base of the RIMIC under the IRS laws.
[01:47:50.000 --> 01:47:55.000]  You just can't do that. So it's all a scam. Scam from the beginning.
[01:47:55.000 --> 01:48:04.000]  Obama knew that when he passed this home affordable mortgage crapola. It was a prescription for fraud.
[01:48:04.000 --> 01:48:15.000]  And besides that, the modification is done under the false premise that the security instrument is enforceable.
[01:48:15.000 --> 01:48:22.000]  Yes, absolutely. And in fact, the point I wanted to make, and we're running out of time, so I'll just make this point and we'll get off the air.
[01:48:22.000 --> 01:48:37.000]  In here, there isn't much to this loan modification, but there is this one clause that if there's any lost documents on their side, they want me to provide them with documents that they may have lost.
[01:48:37.000 --> 01:48:45.000]  Well, you lost them. I don't have them.
[01:48:45.000 --> 01:48:48.000]  Exactly.
[01:48:48.000 --> 01:48:53.000]  Wonderful. Okay, I will talk to you tomorrow. Thank you for calling.
[01:48:53.000 --> 01:48:54.000]  Great.
[01:48:54.000 --> 01:49:02.000]  Okay, we're going to go to Brent in New York. Brent, what do you have for us? And sorry to make you hold us alone.
[01:49:02.000 --> 01:49:11.000]  Hi, guys. Thank you very much. You guys are doing a great thing for everybody. And I'm kind of, you know what, Greek, we're out of power right now.
[01:49:11.000 --> 01:49:18.000]  I think you know my buddy Frank from New York, too. He said he called you guys a bunch and you guys talked into a bunch of it.
[01:49:18.000 --> 01:49:21.000]  Yeah, I remember Frank. He talks funny, too.
[01:49:21.000 --> 01:49:23.000]  Yeah, he's an interesting guy. Otherwise...
[01:49:23.000 --> 01:49:25.000]  It's a New York thing.
[01:49:25.000 --> 01:49:33.000]  I've been listening to you guys for the past two hours, and I've been really patient. And right now what I have is this.
[01:49:33.000 --> 01:49:41.000]  It was a couple of weeks ago, about a month or so ago, I got pulled over for 11 months when I come across the bridge for a call.
[01:49:41.000 --> 01:49:52.000]  And I didn't... I don't have a license and was given the tickets of aggravated on-license operation of a motor vehicle and inadequate equipment.
[01:49:52.000 --> 01:49:53.000]  And, you know...
[01:49:53.000 --> 01:49:55.000]  Were you carrying a gun?
[01:49:55.000 --> 01:49:57.000]  No.
[01:49:57.000 --> 01:50:00.000]  Then where does the aggravation come in?
[01:50:00.000 --> 01:50:05.000]  The aggravated is because I have a suspended license, apparently, according to New York's statute.
[01:50:05.000 --> 01:50:10.000]  I'm not legally, so if I say something stupid, don't yell at me.
[01:50:10.000 --> 01:50:16.000]  No, no, no, no. That's understood.
[01:50:16.000 --> 01:50:21.000]  The adage of aggravated... Correct me if I'm wrong, anybody here.
[01:50:21.000 --> 01:50:30.000]  But the adage of the word aggravated, you can have an assault or you can have an aggravated assault.
[01:50:30.000 --> 01:50:33.000]  Aggravated is the use of a weapon.
[01:50:33.000 --> 01:50:42.000]  Yeah, but there are other issues that can have things that aggravate it that escalate it.
[01:50:42.000 --> 01:50:44.000]  So it's not always about a gun.
[01:50:44.000 --> 01:50:47.000]  Then I acquiesced to my own ignorance.
[01:50:47.000 --> 01:50:52.000]  I'll give you guys some more details about how, you know, this came about,
[01:50:52.000 --> 01:50:54.000]  because it'll help you guys in helping me with what...
[01:50:54.000 --> 01:50:56.000]  Okay, we'll move quickly.
[01:50:56.000 --> 01:51:00.000]  And I'm sorry to say that to you, but you can get on for such a long time.
[01:51:00.000 --> 01:51:02.000]  We are running short on time.
[01:51:02.000 --> 01:51:03.000]  Yes, I don't know.
[01:51:03.000 --> 01:51:05.000]  So this is where it starts.
[01:51:05.000 --> 01:51:08.000]  Three years ago, I got a DWAI coming out of somewhere,
[01:51:08.000 --> 01:51:11.000]  and that was never taken care of, so I'm a licensed and suspended for that.
[01:51:11.000 --> 01:51:15.000]  In correlation with that, about the same time I got a speeding ticket
[01:51:15.000 --> 01:51:18.000]  and wasn't able to take care of that too.
[01:51:18.000 --> 01:51:21.000]  I've been financially impoverished for some time,
[01:51:21.000 --> 01:51:23.000]  but either way, that's my problem, not yours.
[01:51:23.000 --> 01:51:24.000]  So we continue on.
[01:51:24.000 --> 01:51:26.000]  I haven't had a license for about three years,
[01:51:26.000 --> 01:51:29.000]  and I was coming off the bridge for this,
[01:51:29.000 --> 01:51:33.000]  and that's how the aggravated license, I guess, comes out with them.
[01:51:33.000 --> 01:51:35.000]  But I've never fought it,
[01:51:35.000 --> 01:51:38.000]  and I'm listening to all the stuff that you guys have about
[01:51:38.000 --> 01:51:44.000]  needing to use the motor vehicle on the highway,
[01:51:44.000 --> 01:51:48.000]  and it can't be regulated by all this.
[01:51:48.000 --> 01:51:49.000]  I've listened to it.
[01:51:49.000 --> 01:51:51.000]  I've heard Frank saying something crazy,
[01:51:51.000 --> 01:51:53.000]  but now I've listened to you guys,
[01:51:53.000 --> 01:51:55.000]  and you guys sound a little more better than him,
[01:51:55.000 --> 01:51:57.000]  but he'll hear it on the radio.
[01:51:57.000 --> 01:52:02.000]  But I'm just wondering if there's anything you can do for the information?
[01:52:02.000 --> 01:52:05.000]  Actually, I have a suggestion for you.
[01:52:05.000 --> 01:52:11.000]  Go to the New York Code, the Transportation Code,
[01:52:11.000 --> 01:52:16.000]  and define the word transportation within the code,
[01:52:16.000 --> 01:52:21.000]  and see if you fit that definition.
[01:52:21.000 --> 01:52:24.000]  That's provided the code gives a definition for it,
[01:52:24.000 --> 01:52:28.000]  which here in Texas, they do not.
[01:52:28.000 --> 01:52:30.000]  There isn't a code in the entire state
[01:52:30.000 --> 01:52:33.000]  that gives a definition for transportation.
[01:52:33.000 --> 01:52:36.000]  But if you will send me an email offline
[01:52:36.000 --> 01:52:39.000]  to eddyatruleoflawradio.com,
[01:52:39.000 --> 01:52:42.000]  I will actually put you in contact with some folks
[01:52:42.000 --> 01:52:46.000]  that are in your state that are already well-versed
[01:52:46.000 --> 01:52:49.000]  in going against these issues.
[01:52:49.000 --> 01:52:52.000]  Now, here's the thing I had.
[01:52:52.000 --> 01:52:54.000]  I actually, because of indigents,
[01:52:54.000 --> 01:52:58.000]  have filed for the use of a public defender,
[01:52:58.000 --> 01:53:02.000]  and good, bad, and different regarding that.
[01:53:02.000 --> 01:53:04.000]  You're not going to get one.
[01:53:04.000 --> 01:53:07.000]  I've been issued one kind of already.
[01:53:07.000 --> 01:53:10.000]  If the aggravated results in something
[01:53:10.000 --> 01:53:12.000]  other than a fine-only offense,
[01:53:12.000 --> 01:53:14.000]  then he'll do that for that.
[01:53:14.000 --> 01:53:19.000]  But the fact is, he's going to throw you under the bus, period.
[01:53:19.000 --> 01:53:24.000]  The aggravated comes because it's considered a misdemeanor.
[01:53:24.000 --> 01:53:25.000]  I understand that.
[01:53:25.000 --> 01:53:27.000]  They're all considered misdemeanors.
[01:53:27.000 --> 01:53:30.000]  If they're criminal, they're misdemeanors of some kind.
[01:53:30.000 --> 01:53:34.000]  Some are jailable, some are fine-only.
[01:53:34.000 --> 01:53:39.000]  They will only give you legal counsel if one of them is jailable,
[01:53:39.000 --> 01:53:43.000]  and that's the only one he will represent you on.
[01:53:43.000 --> 01:53:45.000]  The rest will be up to you.
[01:53:45.000 --> 01:53:47.000]  What you need to know, though,
[01:53:47.000 --> 01:53:51.000]  is how to make him do the job he's supposed to do,
[01:53:51.000 --> 01:53:55.000]  as well as how to defend the rest of them yourself.
[01:53:55.000 --> 01:53:58.000]  And if you will send me an email with your contact info,
[01:53:58.000 --> 01:54:00.000]  I will hook you up with some people in New York
[01:54:00.000 --> 01:54:03.000]  that are already doing this.
[01:54:03.000 --> 01:54:04.000]  All right.
[01:54:04.000 --> 01:54:06.000]  So Eddie at Rule of Law.
[01:54:06.000 --> 01:54:08.000]  Ruleoflawradio.com.
[01:54:08.000 --> 01:54:11.000]  You.
[01:54:11.000 --> 01:54:13.000]  Eddie at...
[01:54:13.000 --> 01:54:18.000]  Eddie at RuleofLawRadioalloneword.com.
[01:54:18.000 --> 01:54:20.000]  Yes, alloneword.com.
[01:54:20.000 --> 01:54:22.000]  There's much detail.
[01:54:22.000 --> 01:54:24.000]  How much detail do you need on that?
[01:54:24.000 --> 01:54:27.000]  I just need your contact information.
[01:54:27.000 --> 01:54:30.000]  Name, address, email, telephone number.
[01:54:30.000 --> 01:54:31.000]  Awesome.
[01:54:31.000 --> 01:54:33.000]  Thank you very much, gentlemen. Have yourself a great evening.
[01:54:33.000 --> 01:54:35.000]  Thanks for calling in, Brett.
[01:54:35.000 --> 01:54:36.000]  Bye.
[01:54:36.000 --> 01:54:38.000]  Bye-bye.
[01:54:38.000 --> 01:54:44.000]  All right, Randy, you had somebody specific you were going to take?
[01:54:44.000 --> 01:54:46.000]  No, it was just Edward.
[01:54:46.000 --> 01:54:47.000]  I want to talk to Edward.
[01:54:47.000 --> 01:54:51.000]  I think we need to go to Johnny in Texas.
[01:54:51.000 --> 01:54:52.000]  Okay.
[01:54:52.000 --> 01:54:54.000]  He's next in line.
[01:54:54.000 --> 01:54:57.000]  Even Johnny, what can we do for you?
[01:54:57.000 --> 01:55:02.000]  I just wanted to expand a little bit on what you were talking about earlier
[01:55:02.000 --> 01:55:06.000]  regarding standing, at least as far as standing in Texas goes.
[01:55:06.000 --> 01:55:09.000]  And I'll fly through this because I see we've got about five minutes left.
[01:55:09.000 --> 01:55:10.000]  I wanted to specifically...
[01:55:10.000 --> 01:55:11.000]  Three, I can...
[01:55:11.000 --> 01:55:13.000]  I'll talk about three.
[01:55:13.000 --> 01:55:15.000]  Well, I probably won't have enough time then.
[01:55:15.000 --> 01:55:18.000]  But I wanted to go through the elements of standing,
[01:55:18.000 --> 01:55:22.000]  at least as far as how it's construed by Texas case law.
[01:55:22.000 --> 01:55:27.000]  The moving party has to have sustained a direct injury.
[01:55:27.000 --> 01:55:30.000]  They have to prove the existence of an injury in fact,
[01:55:30.000 --> 01:55:32.000]  whether economic or otherwise,
[01:55:32.000 --> 01:55:35.000]  the injury must be concrete and particularized,
[01:55:35.000 --> 01:55:38.000]  actual or imminent, not hypothetical,
[01:55:38.000 --> 01:55:40.000]  so as to cause anyone to be...
[01:55:40.000 --> 01:55:43.000]  or cause the moving party to be personally aggrieved.
[01:55:43.000 --> 01:55:45.000]  They have to prove the existence of an injury
[01:55:45.000 --> 01:55:50.000]  that is not too slight for the courts to lawfully afford regress.
[01:55:50.000 --> 01:55:55.000]  They have to prove that the injury was caused by an act done to them.
[01:55:55.000 --> 01:55:59.000]  They have to prove that an injury was caused by...
[01:55:59.000 --> 01:56:02.000]  or that the act was a wrongful act of criminality
[01:56:02.000 --> 01:56:06.000]  in contradiction to an unintentional or accidental act.
[01:56:06.000 --> 01:56:09.000]  They have to prove the identity of the actor.
[01:56:09.000 --> 01:56:12.000]  They have to prove that there is a direct relationship
[01:56:12.000 --> 01:56:15.000]  between the injury and the alleged claim
[01:56:15.000 --> 01:56:17.000]  and that the nature of the relationship
[01:56:17.000 --> 01:56:20.000]  between the injury and the claim allows the claim to be adjudicated.
[01:56:20.000 --> 01:56:24.000]  They have to prove that a real controversy exists
[01:56:24.000 --> 01:56:27.000]  between the accuser and the accused,
[01:56:27.000 --> 01:56:31.000]  and they have to prove that the accuser has a personal stake
[01:56:31.000 --> 01:56:34.000]  in the controversy without any conflict of interest.
[01:56:34.000 --> 01:56:40.000]  And it's not merely just a jurisdictional issue.
[01:56:40.000 --> 01:56:42.000]  Standing is not.
[01:56:42.000 --> 01:56:46.000]  No court may presume that the moving party has standing,
[01:56:46.000 --> 01:56:49.000]  although they will do so every time.
[01:56:49.000 --> 01:56:54.000]  The moving party has to prove to the court that he or she has standing,
[01:56:54.000 --> 01:56:59.000]  and it is unlawful for the court to afford redress to any party
[01:56:59.000 --> 01:57:02.000]  that has not proven each and every element of standing.
[01:57:02.000 --> 01:57:06.000]  Well, yeah, but the redress you're speaking of under the descriptions
[01:57:06.000 --> 01:57:09.000]  you're giving are civil-suited cases.
[01:57:09.000 --> 01:57:14.000]  And that's exactly why they're trying to couch these traffic citations
[01:57:14.000 --> 01:57:19.000]  as criminal so that they're not bound by that application.
[01:57:19.000 --> 01:57:23.000]  Well, the cases that I've pulled all of this from
[01:57:23.000 --> 01:57:27.000]  do consistently reference criminal.
[01:57:27.000 --> 01:57:31.000]  They have to have the elements of injury and loss and a criminal...
[01:57:31.000 --> 01:57:36.000]  Well, you can have criminal negligence that results in injury and loss
[01:57:36.000 --> 01:57:39.000]  and have a civil tort because of that,
[01:57:39.000 --> 01:57:43.000]  but you can't prosecute them for the criminal side
[01:57:43.000 --> 01:57:46.000]  only the civil side.
[01:57:46.000 --> 01:57:49.000]  Yeah, well, I had a lot more to say,
[01:57:49.000 --> 01:57:51.000]  but it sounds like we're out of time here.
[01:57:51.000 --> 01:57:55.000]  Okay, well, if you like, you can call back in on the Monday night show.
[01:57:55.000 --> 01:57:57.000]  I will be there then.
[01:57:57.000 --> 01:57:58.000]  Yeah, we'll do.
[01:57:58.000 --> 01:58:00.000]  Enjoy listening to you guys,
[01:58:00.000 --> 01:58:03.000]  and you need to bring a traffic seminar out to support work.
[01:58:03.000 --> 01:58:05.000]  I'll see what I can do.
[01:58:05.000 --> 01:58:08.000]  All right, folks, once again, this has been Rule of Law Radio.
[01:58:08.000 --> 01:58:11.000]  If you would like to see a traffic seminar in your area,
[01:58:11.000 --> 01:58:16.000]  send me an email, eddyedieatruleoflawradio.com.
[01:58:16.000 --> 01:58:19.000]  Let me know if you want one in your area.
[01:58:19.000 --> 01:58:22.000]  We'll try to set one up before we get enough people.
[01:58:22.000 --> 01:58:24.000]  This has been Rule of Law Radio with Randy Kelton,
[01:58:24.000 --> 01:58:26.000]  Deborah Stevens, Eddie Craig,
[01:58:26.000 --> 01:58:29.000]  and our special guest host tonight, Steve Skidmore.
[01:58:29.000 --> 01:58:31.000]  Thank you all for listening.
[01:58:31.000 --> 01:58:34.000]  Sorry, Steve, go ahead.
[01:58:34.000 --> 01:58:37.000]  I was going to say thank you for the opportunity to set in.
[01:58:37.000 --> 01:58:38.000]  Ain't no problem.
[01:58:38.000 --> 01:58:40.000]  All right, folks, thanks for listening in.
[01:58:40.000 --> 01:58:43.000]  Be back on The Monday Night Show at 8 o'clock.
[01:58:43.000 --> 01:59:12.000]  Good night, and God bless.
[01:59:13.000 --> 01:59:15.000]  We'll see you next time.
[01:59:43.000 --> 01:59:50.000]  We'll see you next time.