ROL_2012-07-26_16k.timecode

[00:00.000 --> 00:06.280]  Pressure. We usually associate it with stress and negativity, but sometimes a bit of pressure
[00:06.280 --> 00:10.320]  can be healing. I'm Dr. Catherine Albrecht and I'll be back to tell you how conditions
[00:10.320 --> 00:16.320]  like nausea can be cured using the traditional Chinese therapy known as acupressure.
[00:16.320 --> 00:20.680]  Privacy is under attack. When you give up data about yourself, you'll never get it back
[00:20.680 --> 00:26.280]  again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.280 --> 00:31.760]  It'll protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[00:31.760 --> 00:37.600]  it's worth hanging on to. This public service announcement is brought to you by StartPage.com,
[00:37.600 --> 00:45.600]  the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[00:45.600 --> 00:49.880]  Acupressure is an ancient practice that uses finger or hand pressure to cure everything
[00:49.880 --> 00:54.440]  from headaches to constipation. The pressure is applied to points known as meridians that
[00:54.440 --> 00:59.080]  are believed to control the flow of energy in the human body. Acupressure offers a simple
[00:59.080 --> 01:03.480]  cure for nausea you might try the next time you get a queasy stomach or a case of motion
[01:03.480 --> 01:08.320]  sickness. Simply apply moderate pressure to the point known as P6. You'll find it on
[01:08.320 --> 01:12.880]  the inside of your wrist about two fingers width down from your palm. Placing pressure
[01:12.880 --> 01:18.200]  on the P6 point works on the same principle as those pricey anti-nausea wristbands, but
[01:18.200 --> 01:20.600]  this relief is free and always on hand.
[01:20.600 --> 01:25.600]  Under Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:25.600 --> 01:39.040]  Pedophiles. They live and hunt in our midst, prompting some to call for forced microchipping
[01:39.040 --> 01:43.560]  and tracking. Under Catherine Albrecht, in a moment, I'll tell you why chipping even
[01:43.560 --> 01:47.120]  the most heinous offenders is a very bad idea.
[01:47.120 --> 01:52.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back
[01:52.000 --> 01:57.800]  again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:57.800 --> 02:04.040]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy.
[02:04.040 --> 02:09.120]  It's worth hanging on to. This message is brought to you by StartPage.com, the private
[02:09.120 --> 02:16.480]  search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[02:16.480 --> 02:21.480]  In our surveillance mad society, there's a wise Chinese proverb we should keep in mind.
[02:21.480 --> 02:26.520]  The fire you kindle for your enemy often burns you more than it burns him. Chipping pedophiles
[02:26.520 --> 02:31.560]  might sound like a good idea until we realize it won't stop there. First, pedophiles, then
[02:31.560 --> 02:36.200]  drug dealers, then drunk drivers and tax cheats, and finally that guy who built a deck on the
[02:36.200 --> 02:41.320]  back of his house without the right permit. Next, they'll tag nuclear workers, food workers,
[02:41.320 --> 02:45.960]  then teachers, and eventually they'll come for us all. No matter how good forced chipping
[02:45.960 --> 02:51.200]  looks, we must say no. Big Brother has surrounded us with dried kindling and he's hankering
[02:51.200 --> 02:56.440]  for a match. Let's not hand it to him. I'm Dr. Catherine Albrecht for StartPage.com,
[02:56.440 --> 03:16.440]  the world's most private search engine.
[03:16.440 --> 03:27.960]  Bad boys, bad boys.
[03:27.960 --> 03:43.120]  What your gonna do, what your gonna do when they come for you?
[03:43.120 --> 03:47.120]  Golden rules, so why are you acting like a bloody fool?
[03:47.120 --> 03:50.120]  It's you getting fucked and you must get to bad boys
[03:50.120 --> 03:52.120]  Bad boys, what you gonna do?
[03:52.120 --> 03:55.120]  What you gonna do when they come for you?
[03:55.120 --> 03:58.120]  Bad boys, what you gonna do?
[03:58.120 --> 04:00.120]  What you gonna do when they come for you?
[04:00.120 --> 04:03.120]  You're choking on that one, you're choking on this one
[04:03.120 --> 04:06.120]  You're choking on your mother, you're choking on your father
[04:06.120 --> 04:09.120]  You're choking on your brother, you're choking on your sister
[04:09.120 --> 04:12.120]  You're choking on that one, you're choking on me
[04:12.120 --> 04:15.120]  Bad boys, bad boys, what you gonna do?
[04:15.120 --> 04:17.120]  What you gonna do when they come for you?
[04:17.120 --> 04:20.120]  Bad boys, bad boys, what you gonna do?
[04:20.120 --> 04:23.120]  What you gonna do when they come for you?
[04:23.120 --> 04:26.120]  Bad boys, bad boys, what you gonna do?
[04:26.120 --> 04:29.120]  What you gonna do when they come for you?
[04:29.120 --> 04:37.120]  All right, this is Randy Kalkin-Burgersfield, when he was born, with my lady, this is Thursday,
[04:37.120 --> 04:49.520]  the 26th day of July, in the middle of the dog days of summer in Texas, and it got up into the
[04:49.520 --> 04:57.760]  90s today, if you can believe that. Oh, that's horrible. All this heat in Texas, it actually
[04:57.760 --> 05:07.120]  got to 100 a couple of days. Oh, that's horrible. Okay, we had, I'm up in Dallas area, and we've
[05:07.120 --> 05:12.720]  got a pretty good rainstorm here today. So for Texas, at this time of the year, this is really
[05:12.720 --> 05:19.840]  pretty phenomenal. There was something I wanted to open up with today. I've been doing some research,
[05:21.040 --> 05:25.600]  and I'm trying to kind of keep people up with the research I'm doing. You've got to learn along with
[05:25.600 --> 05:36.000]  me. I have been researching the county records, and I'm finding some problems, some anomalies.
[05:38.400 --> 05:45.520]  It appears as though this, we've gone through a transition with the county courts from
[05:47.760 --> 05:55.360]  600 years of record keeping on land properties from England that essentially transferred over
[05:55.360 --> 06:02.320]  to the United States, and we kept basically the same practices and procedures. There were a couple
[06:02.320 --> 06:11.360]  of exceptions, the torrents title recording procedures that was developed in Australia,
[06:11.360 --> 06:19.040]  a number of the states picked that up, but basically, the court filings have been essentially the same
[06:19.040 --> 06:28.960]  for several hundred years. But now we have reached the electronic age, and the courts have gone to
[06:28.960 --> 06:37.760]  an electronic filing system. Well, it's still in its infancy, and it has some rather serious problems.
[06:39.680 --> 06:47.760]  I was at the clerk's office yesterday there in Travis County seeking out records in the county
[06:47.760 --> 06:57.360]  registrar's office, and that is the real property records. I've been telling people,
[06:57.360 --> 07:05.040]  look, if you have a mortgage, then you absolutely need to go down and pull every record that has
[07:05.040 --> 07:15.120]  been filed with the county recorder. Then read those records, then listen to us on this program,
[07:15.120 --> 07:25.040]  and we will talk about what to look for in those records. If a good number of you may find something
[07:25.040 --> 07:31.200]  absolutely surprising, you may have a Christmas present laying in those records
[07:33.040 --> 07:40.240]  in the form of a release of lead. I'm finding a number of those in the records,
[07:40.240 --> 07:46.160]  and if you happen to have one in your records where the banks have filed a release of lead,
[07:47.680 --> 07:55.120]  obviously by mistake, or if they didn't file the release of lead by mistake,
[07:56.400 --> 08:02.320]  they mistakenly failed to file something else prior to the release of lead.
[08:02.320 --> 08:12.480]  Then from my part, that's only conjecture, because frankly, I really do not know why a bank
[08:13.520 --> 08:21.360]  would file a deed of trust creating a lien and a confessed judgment against your property,
[08:22.560 --> 08:28.800]  and then a week or so later, file a release of that lead conveying the property back to its
[08:28.800 --> 08:37.840]  proper owner. I have some ideas as to how that can happen, but I really don't know why,
[08:38.640 --> 08:44.640]  and in the end, we really don't care. If you have one, that's like a Christmas present.
[08:45.920 --> 08:53.360]  Then you file your own lien or it's a claim in the record or petition for quiet title or whatever,
[08:53.360 --> 09:00.480]  and no one has a claim against your property. But in looking at the court records, the problems
[09:00.480 --> 09:10.720]  I'm having is in how they are storing the court records. It would seem pretty straightforward.
[09:12.000 --> 09:19.520]  You have this property, and as properties, a lot of them have addresses, but not necessarily all of
[09:19.520 --> 09:29.120]  them. If you have a large ranch, and that ranch includes two or three separate properties combined
[09:29.120 --> 09:42.960]  into one, the only one address will tend to direct mailings to the property. You may have a couple
[09:42.960 --> 09:50.000]  properties in it that don't have an address, but all properties have a legal description,
[09:52.240 --> 09:59.360]  and it would seem rational and reasonable and absolutely logical
[10:00.960 --> 10:08.480]  to record all information concerning a property under the property description.
[10:08.480 --> 10:15.760]  That way, if you do a search on the database for the property description,
[10:17.360 --> 10:23.440]  you should get a link to every document that refers to that property description.
[10:25.280 --> 10:32.960]  But that's not how they're doing it, apparently. I went in and looked at a record yesterday,
[10:32.960 --> 10:42.240]  and I put in the head of the household's name, and I got one document.
[10:43.840 --> 10:50.960]  I put the head of household in as the grantor, as he was the grantor on a deed of trust,
[10:50.960 --> 10:57.440]  and I got a hit on that deed of trust. I put his name in as the grantee, and I got nothing.
[10:57.440 --> 11:07.440]  I put his wife's name in as the grantor. I got four hits, hits on four documents.
[11:09.440 --> 11:15.040]  I put his wife's name in as the grantee, and I got five documents,
[11:17.040 --> 11:20.160]  and I still didn't get everything that was in the records.
[11:20.160 --> 11:30.720]  There was an assignment of substitute trustee. Now, you would think that an assignment of
[11:30.720 --> 11:38.480]  substitute trustee for a deed of trust securing a particular piece of property
[11:39.760 --> 11:44.560]  would be an important piece of information to know about that property.
[11:44.560 --> 11:52.240]  So, you would think that if you put in the property description, in this case, it was
[11:52.960 --> 12:05.600]  subdivision, so-and-so, block L, lot 15. I put that in. I got the deed of trust and nothing else.
[12:05.600 --> 12:14.000]  So, I went through a file they have of all of the foreclosures,
[12:15.680 --> 12:22.480]  and in those foreclosure files, I found the substitute trustee's deed. Now,
[12:22.480 --> 12:30.320]  that didn't show up in any of my searches. So, I looked at the substitute trustee's
[12:30.320 --> 12:37.600]  and took the document number off of it, and I went to these people they have that are there
[12:37.600 --> 12:43.920]  to show people how to find stuff in their records and asked him to find that for me.
[12:45.680 --> 12:53.360]  If he couldn't find it, the only way he could find it is if he put in the document number.
[12:53.360 --> 13:03.120]  And I said, well, if this is only saved in the document number, it's not open to the public.
[13:03.120 --> 13:11.920]  Oh, yes, it is. Anyone can see it. Oh, I see. Anyone can see it if they already know what
[13:11.920 --> 13:19.600]  the document number is. Well, yeah. But if I come down here and do a due diligence search on your
[13:19.600 --> 13:28.800]  system, how am I to find it? What is put in the document number? I said, Bubba, you're kidding
[13:28.800 --> 13:41.040]  me, right? This is some kind of public records humor that you can find a document if you know
[13:41.040 --> 13:47.840]  precisely where you guys decided to put it. Is that what you're telling me? Oh, no, no, no,
[13:47.840 --> 13:54.800]  that's not what I'm telling me. Okay. Tell me how do I find this document? We'll just put in
[13:54.800 --> 14:05.600]  the document number. We have a problem with our county clerks. Our county clerks are wailing in
[14:05.600 --> 14:14.880]  bemoaning the misery they're suffering because these banks have filed all these bogus documents in
[14:14.880 --> 14:22.880]  their records and screwed up their records. Well, after searching a number of counties,
[14:22.880 --> 14:28.880]  public records, it is not the banks who have screwed up the clerks, public records.
[14:29.520 --> 14:36.240]  And if you listen to my show a lot, you've heard me a number of times telling people,
[14:36.240 --> 14:44.000]  don't screw with the clerks. The one person you never have problems with is the clerks.
[14:46.400 --> 14:54.720]  Well, maybe that's not the case. It appears as though every clerk's office I've been in so far
[14:54.720 --> 15:05.520]  has done an absolutely horrific job of making their records available to the public
[15:06.320 --> 15:09.600]  once they have went to this electronic filing system.
[15:12.240 --> 15:19.120]  Now, how they got this in such a mess is amazing to me. I know Eddie is a,
[15:19.120 --> 15:27.040]  he was a debt at the births expert, and I'm sure he'll concur that if you're going to create a set
[15:27.040 --> 15:35.600]  of records, the first thing you want to do is figure out how can you retrieve those records.
[15:38.000 --> 15:42.640]  Absolutely. You're going to build a cross-reference index. You're going to store it by document name,
[15:42.640 --> 15:46.880]  document number, and any other type of uniquely identifiable information it may contain.
[15:46.880 --> 15:54.160]  Yeah. And if you don't have some type of key piece of information that will let you
[15:54.720 --> 16:00.720]  find every document related to this one particular issue, you've got to make up one.
[16:02.640 --> 16:11.040]  You build a table and you'll put a key index table on that. And then say you have like a
[16:11.040 --> 16:21.520]  property description. Every document, every table you build in the database that is relevant to that
[16:22.320 --> 16:28.000]  description, that property description will have a link, a relationship.
[16:29.440 --> 16:36.800]  They call these things relational databases. That means they have relations to different
[16:36.800 --> 16:44.720]  information. So you can go find that. We haven't been able to find that. I'll finish up with that.
[16:44.720 --> 16:50.560]  We've got a couple of callers. This was just my rant for this week. I'll finish ranting and
[16:50.560 --> 16:54.640]  have some suggestions about it when we get back on the other side. Rick and Chris, I'll see you.
[16:54.640 --> 16:58.640]  We'll pick you up when we get back. I'll call in number five, one, two, six, four, six, twenty, eight.
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[19:24.320 --> 19:35.680]  Okay, we are back. I'm typing about the clerks, but in the process of typing about them, it's
[19:35.680 --> 19:45.280]  never polite to raise an issue unless you bring along with it a solution. And I do have a solution,
[19:45.280 --> 19:55.680]  primarily it is, to link every document that has to do with any piece of property to the
[19:55.680 --> 20:06.880]  property description and provide a link, I'm sorry, provide a query page on their public
[20:06.880 --> 20:13.040]  records page so that you can search a property by property description. Now, if you've ever
[20:13.040 --> 20:21.600]  looked at property descriptions, they're generally pretty complex. However, there are a couple of
[20:21.600 --> 20:30.240]  parts to the property description. You'll have a generally a plot, block, lot number, and then
[20:30.240 --> 20:37.680]  you'll have meets and bounds. The majority of the property description is contained in the
[20:37.680 --> 20:45.760]  meets and bounds, but all of those meets and bounds are recorded under a lot block, primarily
[20:45.760 --> 20:53.440]  a block and lot number. So it's not as difficult for most properties, especially if you're looking
[20:53.440 --> 21:02.480]  for a residence, they're almost always in a block or a lot. So you could search by that portion of
[21:02.480 --> 21:10.560]  the, if it's spinning, this is in a subdivision, you put in the subdivision name, block and lot,
[21:10.560 --> 21:16.400]  and you get hit right on it. If you have to put in meets and bounds, it's a little more cumbersome,
[21:17.680 --> 21:25.680]  but you could search the property by, say, trustee's deed. And from the trustee's deed,
[21:25.680 --> 21:32.320]  you could get a link to the property description and then do a search of the property description.
[21:32.320 --> 21:39.120]  This would be really simple and really straightforward for any relational database to implement,
[21:40.880 --> 21:47.280]  even if they don't have it in there. And I can't imagine a database that wouldn't have this
[21:47.280 --> 21:57.840]  capability in it. Eddie, your opinion? I'm not really sure I have one. Well, considering you're
[21:57.840 --> 22:10.000]  putting together real property database, how would you begin to create a rational system
[22:10.000 --> 22:16.000]  so that you could locate properties and associate filings with those properties?
[22:17.440 --> 22:22.080]  Well, basically, you would want to be able to create, like I said, you'd have a cross-reference
[22:22.080 --> 22:30.880]  table for that record in the database, and you would flag key information out of those tables
[22:30.880 --> 22:36.480]  through that cross-index table that would allow you to find it basically using any piece of information,
[22:37.520 --> 22:46.160]  the address, the type of document that you're looking for. You can do it by zip code,
[22:46.160 --> 22:52.880]  deed number, plot number. Yeah, but if you're looking at real property,
[22:53.920 --> 23:00.960]  you're clearly going to have to have a way to conclusively define that piece of property.
[23:01.760 --> 23:04.720]  Right, but you would always be using the legal description.
[23:04.720 --> 23:15.440]  Exactly. That's exactly what I'm saying. What database designer could start somewhere else?
[23:17.120 --> 23:21.440]  Well, again, the database designer would only be able to build it relating to the
[23:21.440 --> 23:29.440]  information he's provided since he is sent to provide the service. What I'm getting at is,
[23:29.440 --> 23:35.520]  say, for instance, the county hires outside of the government to have the database designer come
[23:35.520 --> 23:40.080]  in as a third-party contractor and do this, and they say, okay, here's the documents we want to
[23:40.080 --> 23:47.120]  keep track of, and we want you to put it together where the system is done this way. Now, if they
[23:47.120 --> 23:51.600]  limit and tie the programmer's hands as to how he can cross represent that.
[23:51.600 --> 23:58.640]  Well, I'm not looking for a scenario where someone could with great care design a system
[23:58.640 --> 24:06.240]  that's impossible to search. If you were brought to look at the county records and were asked to
[24:06.240 --> 24:16.640]  design a database to search it, to store information about properties in the county record,
[24:18.400 --> 24:21.600]  the only place you could start is with the legal description.
[24:21.600 --> 24:27.520]  That's the only way to define the property. Everything would have to
[24:29.360 --> 24:36.000]  leak essentially from there. Otherwise, you wouldn't have a stable database.
[24:37.680 --> 24:43.840]  It looks like they haven't done that. They have assignments in the county record,
[24:43.840 --> 24:53.120]  assignments of trustee to a particular property that seems to have no relation
[24:53.680 --> 25:03.920]  in the database to the property. You can only find it by the assignor and assignee.
[25:03.920 --> 25:14.960]  What the heck is that? In Wise County, the only way I could find assignments of substitute trustee
[25:16.800 --> 25:26.000]  was to look up the substitute trustee's name and then do a search on his name
[25:26.000 --> 25:36.960]  and go through each record one at a time. One of the fields in the record was the property description.
[25:38.960 --> 25:43.680]  But that property description didn't appear to be key to anything.
[25:46.000 --> 25:51.040]  It seemed as though they created a table and put the property description in there.
[25:51.040 --> 25:58.640]  Instead of putting a link in that field to the property description in the database,
[26:00.720 --> 26:08.080]  it was absolutely crazy. Well, yeah, but again, just from a straight-up standpoint,
[26:08.080 --> 26:13.680]  the database is not designed to track the property. It's designed to track the documents
[26:13.680 --> 26:19.600]  associated with the property. The legal description could be something embedded
[26:19.600 --> 26:25.120]  in the table of information and not be searchable simply because you could put in a particular
[26:25.120 --> 26:28.720]  point and you would get every property that would converge at that point.
[26:29.440 --> 26:34.800]  So what I'm getting at is the database actually stores the documents associated with the legal
[26:34.800 --> 26:42.000]  description, the deed, the assignments and all that. But if all of these documents are about
[26:42.000 --> 26:50.560]  this property and you don't have any index on this property, that's not public records.
[26:52.240 --> 26:57.120]  Well, no, because it preconceives that you have to have in-depth information about the
[26:57.120 --> 27:02.800]  property to start finding any records. Well, you have to have in-depth information about
[27:02.800 --> 27:09.120]  how these people keep their particular records. So you would have to be essentially an expert
[27:09.120 --> 27:14.880]  on their record keeping system in order to be able to find their records. And the problem with that
[27:14.880 --> 27:23.520]  is, and this is what this idiot assistant clerk, he said, well, there are rules for how the clerk
[27:23.520 --> 27:31.280]  must keep their records. I said, where the heck did you get that crap over? There's no such thing.
[27:31.280 --> 27:40.560]  Each clerk designs their own record keeping system. There are no state rules governing how
[27:40.560 --> 27:46.640]  they do that. The legislators never went there because these clerks are elected officials just
[27:46.640 --> 27:53.760]  like those legislators are. And they stayed out of their business. So there are no state
[27:53.760 --> 28:06.560]  rules for how you put these together. Each clerk designs her own system. So if you had to be an
[28:06.560 --> 28:18.080]  expert and everybody did their records the same, that wouldn't be as bad as when every clerk does
[28:18.080 --> 28:25.360]  their records different. And then they have their records in a way that you have to be an expert on
[28:25.360 --> 28:34.880]  their individual system to be able to find it. And I had a friend that was searching in Dallas
[28:34.880 --> 28:43.840]  County and he couldn't, he could not put in the date to search because if he put the date in the
[28:43.840 --> 28:51.360]  search screen, he did one type of search. But if he selected the date in a calendar that was on
[28:51.360 --> 29:00.320]  the screen, it did a whole different kind of search. And there was nothing to tell you what
[29:00.320 --> 29:08.080]  the difference was. So there's no way that an ordinary person could go to the clerk of the
[29:08.080 --> 29:17.840]  court and use their computer system and do a due diligence search and have any confidence of
[29:17.840 --> 29:27.200]  having found all of the records relating to a given property. And this is a real problem.
[29:29.680 --> 29:35.520]  And one I'd be working at a solution and I'll be talking about it in the future.
[29:35.520 --> 29:41.120]  But I'm not going to talk about this anymore today. We're going to go to college as soon as we come
[29:41.120 --> 29:48.160]  back to this. Quick, Chris, Mark, I see you there and I'll stop ranting and raving about the clerks
[29:48.160 --> 29:56.560]  and we'll go to your calls and see if we get back or call it number 512-646-1984. We'll be right back.
[29:56.560 --> 30:05.840]  A noble lie, Oklahoma City 1995 will change forever the way you look at the true nature of
[30:05.840 --> 30:10.480]  terrorism. Based on the damage pattern to the building, but the government sends impossible.
[30:10.480 --> 30:16.160]  The grand jury did not want to hear anything I had to say. The decision was made not to pursue
[30:16.160 --> 30:22.080]  any more of those individuals. Some of these columns were ripped up, shredded, tossed around.
[30:22.080 --> 30:26.320]  But the people that did the things they did knew doggone well what they were doing.
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[30:57.920 --> 31:04.080]  sieves and oil can do for you. It is so enlightening to listen to 90.1 FM,
[31:04.080 --> 31:09.200]  but finding things on the internet isn't so easy and neither is finding like-minded people to share
[31:09.200 --> 31:14.560]  it with. Oh well I guess you haven't heard of Brave New Books then. Brave New Books? Yes,
[31:14.560 --> 31:19.040]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[31:19.040 --> 31:24.240]  Ron Paul and G. Edward Griffin. They even stock inner food, Berkey products and Calvin Soap.
[31:24.960 --> 31:28.960]  There's no way a place like that exists. Go check it out for yourself. It's
[31:28.960 --> 31:36.000]  downtown at 1904 Guadalupe Street just south of UT. Ah by UT? There's never anywhere to park down
[31:36.000 --> 31:41.520]  there. Actually they now offer a free hour of parking for paying customers at the 500 MLK
[31:41.520 --> 31:48.160]  parking facility just behind the bookstore. It does exist, but when are they open? Monday
[31:48.160 --> 31:56.320]  through Saturday 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays. So give them a call at 512-480-2503
[31:56.320 --> 31:59.360]  or check out their events page at bravenewbookstore.com.
[31:59.360 --> 32:16.560]  Live free speech radio logosradionetwork.com
[32:29.760 --> 32:41.200]  Okay, we are back. Randy Kalk, David Steed and Zed Craig with my radio.
[32:42.480 --> 32:50.320]  And we're going to go to our calls. We'll start out. One more thing I need to address
[32:50.320 --> 33:01.440]  is I'm having a problem with Randy's Beer Fund. Randy's Beer Fund is in such a pitiful shape,
[33:02.160 --> 33:07.520]  but I'm not going to ask anybody to donate to Randy's Beer Fund because that's the kind of guy I am.
[33:07.520 --> 33:21.120]  However, I have signed up as a free junk activity and I've been taking it and so far I've lost five
[33:21.120 --> 33:30.000]  pounds. The stuff really, really works and I know Debra's been advertising it, so I'm going to ask
[33:30.000 --> 33:38.880]  everybody to join into junk activity. And this way you can donate to Randy's Beer Fund
[33:40.320 --> 33:45.680]  and get a healthy product that doesn't have any beer in it.
[33:48.880 --> 33:57.200]  Anyway, we would like you to consider and look at it. It is frankly helping to support the radio
[33:57.200 --> 34:06.880]  station. It's a way to help support the radio station and also get a very helpful, healthy,
[34:06.880 --> 34:14.000]  viable product. And for all the fat guys like me, it is great to help use it.
[34:15.360 --> 34:20.480]  Yeah, I remember he said it helped him way less. It doesn't make him look better. It does not work
[34:20.480 --> 34:25.680]  miracles. Don't get your hopes up, but you know, I wasn't attributing miracles to it yet.
[34:25.680 --> 34:30.720]  But if it gets rid of that double chin, then I'm going to go to miracle status.
[34:32.240 --> 34:40.400]  But it has dramatically decreased my appetite. And this has worked wonders because I can see my
[34:40.400 --> 34:47.680]  belt buckle. It's silver. I thought it was gold, but I can see it now and it's not. But I would
[34:47.680 --> 34:57.920]  like you to consider it. It is a worthwhile product and you might think back to how many
[34:57.920 --> 35:06.560]  products that I have promoted on the radio show. You can't among one finger. This is one of them.
[35:06.560 --> 35:14.000]  I do highly recommend it. Give it a try if you don't like it or fine, but it has an unusual taste
[35:14.000 --> 35:20.160]  and it takes a little bit to get used to. But if it tasted good the first time, it wouldn't be good
[35:20.160 --> 35:26.640]  for you. That's the problem with beer. Anyway, that's all I'm going to talk to you about that.
[35:29.040 --> 35:37.840]  Just think Randy Spear Fund and we're going to go to Rick in Texas. Rick, you have a question or
[35:37.840 --> 35:44.960]  comment. Yes, I have a question. Good evening to everyone. I bought a seat belt in Williamson
[35:44.960 --> 35:52.480]  County the last four years to get to lost, to get to the Court of Appeals lost. However, their
[35:52.480 --> 36:00.400]  opinion was that I was indigent. This was November, December of last year. January of this year,
[36:00.400 --> 36:06.480]  get a little postcard from Williamson County. Hey, you're overdue paying us. Call them see what
[36:06.480 --> 36:13.920]  it was about. Made a brand new affidavit of inability to pay. Student term hadn't heard anything since
[36:14.720 --> 36:20.320]  a couple of weeks ago on my voicemail. There's a deputy constable saying, trying to find this guy,
[36:20.320 --> 36:25.760]  trying to find you, worn out for your rest. I called him up. I said, do you have a certificate of
[36:25.760 --> 36:31.360]  military receipt or return receipt? They had none. I said, I have received nothing. You come pick me
[36:31.360 --> 36:36.800]  up. I'll sue for any and all damages. They call me the next morning, leave me a voicemail,
[36:37.520 --> 36:44.240]  saying the warrant has been lifted. We're sending you a new reset. Here's the reset notice. Reset,
[36:44.240 --> 36:51.120]  September 28th of this year, order of fine and cost to be discharged because my affidavit stands
[36:51.120 --> 36:58.960]  under Article 4309F of Texas Code of Criminal Procedure, blah, blah, blah. To discharge the
[36:58.960 --> 37:04.880]  $35 fine, $228 cost by performing 20 hours of community service at the rate of no more than
[37:04.880 --> 37:09.920]  16 hours per week, the defendant is ordered to perform said community service work for
[37:10.480 --> 37:16.640]  only for a government entity or a nonprofit organization in Williamson County. The community
[37:16.640 --> 37:24.480]  service order above must be successfully completed and pulled by June 28th, 2012 at 1.30 in the
[37:24.480 --> 37:31.200]  afternoon. I don't know if they expect me to go back in time or not. Type O on their part. I looked
[37:31.200 --> 37:42.160]  up 4309F. It goes on and on. It'll skip past G. I'm trying to make sure I'm not missing anything,
[37:42.160 --> 37:50.880]  but the type O to fulfill this is on their part. It's like in June of two months ago.
[37:50.880 --> 37:56.480]  So the court may require a defendant who is unable to pay fine cost to discharge all
[37:56.480 --> 38:01.920]  or part of the fine by cost performing community service. In its order requiring a defendant
[38:01.920 --> 38:07.760]  to participate in community service work under Subsection F of the article, the court must
[38:07.760 --> 38:15.600]  specify number of hours defendant is required to work. They did that. Number two, whether the
[38:15.600 --> 38:21.600]  community supervision and corrections department or a court-related service office will perform
[38:21.600 --> 38:27.520]  the administrative duties required by the placement of the defendant in the community
[38:27.520 --> 38:34.240]  service program. And then it goes to H, but then it'll go back after H. There's an F again
[38:34.240 --> 38:40.800]  of this article. It's just kind of confusing to me, but they're really making me do some
[38:40.800 --> 38:47.440]  diesel therapy here. I don't see where it says you have to be in Williamson County in the law.
[38:47.440 --> 38:52.400]  It says I cannot go over 16 hours per week. So, you know, you got to go back into the last four
[38:52.400 --> 38:59.760]  hours and then you will order to reappear to bring proof of the successfully completed community
[38:59.760 --> 39:13.680]  service hours for the court to review. Okay. Now, in 09, I had filed a criminal complaint
[39:13.680 --> 39:22.480]  on this judge. Also, a recusal would not step down. And I had actually, I haven't written yet.
[39:22.480 --> 39:28.400]  I'm going to do that, but I called and asked them, what did you guys do with my criminal
[39:28.400 --> 39:34.080]  complaint in 09? Because I'm looking at my copy. It's actually a sworn complaint. I'm hoping that
[39:34.080 --> 39:39.120]  you, I'm under the impression they're supposed to put their magistrate hat on and send it up.
[39:40.000 --> 39:47.760]  No. Okay. I'm sorry. You gave it to the magistrate? No, to the DA in Williamson County. That's
[39:47.760 --> 40:00.000]  okay. Okay. The DA has a very specific duty. Read article 2.03, Code of Criminal Procedure,
[40:00.000 --> 40:09.200]  paragraph A. Paragraph A? Paragraph A. The prosecuting attorney, and I'm paraphrasing
[40:09.200 --> 40:15.200]  here, but it's just a rather long paragraph. When a paraphrase, when a prosecuting attorney,
[40:15.200 --> 40:21.120]  and it says prosecuting attorney, it does not say district attorney, county attorney,
[40:22.240 --> 40:30.240]  municipal court attorney, it says prosecuting attorney. Has it made known to him that a public
[40:30.240 --> 40:37.040]  official has violated the law relating to his office? He shall reduce the information,
[40:37.040 --> 40:43.840]  or reduce the complaint to an information submitted to the grand jury. Does not say
[40:43.840 --> 40:53.440]  made might or can if he wants to. It says shall, it means must. No, due to no prosecutorial
[40:53.440 --> 41:01.440]  discretion. So the DA should have said it's a grand jury? Yes. What is the crime if he didn't do that?
[41:04.080 --> 41:06.480]  I guess I need to follow criminal charges on the DA.
[41:06.480 --> 41:15.520]  Yeah, what crime? Not deporting it to a grand jury. No, 39.03, penal code.
[41:16.960 --> 41:25.120]  If a public official acting under the color of his authority fails to perform a duty he is required
[41:25.120 --> 41:30.160]  to perform and in the process denies a citizen in the full free access to her enjoyment of right,
[41:30.160 --> 41:36.880]  the right being the right to petition the court for previous grievance, then he is committed
[41:36.880 --> 41:42.800]  to class A misdemeanor. Well, there would also appear to be a slight problem with their usage
[41:42.800 --> 41:55.840]  of 43. The chapter 43, say again. Explain 43. Okay, 43 is titled in 43 of the Code of Criminal
[41:55.840 --> 42:02.560]  Procedure, Execution of Judgment. That's what the title of that section is. All right. Now,
[42:02.560 --> 42:08.640]  when you get down to 43.03 and you start reading who can do the payment of the fine,
[42:08.640 --> 42:16.640]  it specifically tells you a term of confinement. This is 43.03 B. A term of confinement for
[42:16.640 --> 42:22.160]  default in payment of a fine or cost or both may not exceed the maximum term of confinement
[42:22.160 --> 42:27.760]  authorized for the offense for which the defendant was sentenced to pay the fine or cost or both.
[42:28.320 --> 42:36.000]  There is no jail in a Class C fine only. They can't sentence you to jail for failure to pay.
[42:38.000 --> 42:44.400]  If they can't sentence you to jail, they can't sentence you to imprisonment as public service.
[42:44.400 --> 42:52.640]  That is not a part of the confinement length of a Class C. That would go to P&H
[42:53.600 --> 43:02.080]  involuntary servitude or slavery. They're misapplying 43. 43 is only for A and B misdemeanors
[43:02.080 --> 43:09.040]  for which incarceration can be a part of the punishment. It cannot be used for Class C fine
[43:09.040 --> 43:15.440]  only. The exact same way they have no authority to issue a warrant for a Class C, they're abusing
[43:15.440 --> 43:22.400]  43 to throw people in jail or sentence them to indentured servitude when that cannot possibly
[43:22.400 --> 43:34.000]  be part of a fine only payment. I was going to make up new criminal charges and a recusal
[43:34.000 --> 43:39.840]  since I've got two full months before I have to up here. Okay, okay, hold on. We're about to go to
[43:39.840 --> 43:45.440]  break. When we come back, we're going to talk about who are you going to make up criminal
[43:45.440 --> 43:51.360]  charges against and where are you going to file them. This is Randy Calderon, David Stevens,
[43:51.360 --> 43:58.800]  and Craig with the radio. I call in number 512-646-1984. We'll be right back.
[43:58.800 --> 44:05.920]  The Oakland City bombing, top 10 reasons to question the official story.
[44:05.920 --> 44:12.320]  Reason number two, why was the ATF AWOL? Paramedic Tiffany Bible, who was on the scene within five
[44:12.320 --> 44:17.280]  minutes, has stated in an affidavit that agents of the Bureau of Alcohol, Tobacco, and Firearms
[44:17.280 --> 44:21.920]  told her that they were not in the office that morning. EMT Catherine Mallant also overheard
[44:21.920 --> 44:26.560]  one agent say to another, close, is that why we got the page to not come in today,
[44:26.560 --> 44:32.400]  and quote, through Shaw's interview on KSOL or TV, was also told by ATF agents that they had been
[44:32.400 --> 44:38.320]  paid to not come into work. The ATF initially denied these claims and now variously claim
[44:38.320 --> 44:42.400]  that one of their agents was in a free-falling elevator which has been disproven, or that they'd
[44:42.400 --> 44:47.040]  been in an all night stick out, or that they'd been in a golf tournament. As they try to sort
[44:47.040 --> 44:52.800]  out their lives, all we want to know is, did the ATF receive a warning, and if so, why did they not
[44:52.800 --> 44:58.800]  pass it on to others and memorials? For more information, go to okcfoundandtruth.com.
[45:23.040 --> 45:27.920]  Thousands have won with our step-by-step course, and now you can too.
[45:27.920 --> 45:33.840]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
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[45:40.000 --> 45:45.520]  and practices that control our American courts. You'll receive our audio classroom,
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[45:53.040 --> 46:19.040]  ruleoflawradio.com and click on the banner, or call toll-free 866-LAW-EZ.
[46:23.040 --> 46:32.960]  Okay, you are back. We're in the California District. It's Eddie Craig here with our radio,
[46:32.960 --> 46:42.080]  and we're talking to Rick in Texas. And I have a question. The complaint you're going to file
[46:43.200 --> 46:46.000]  against whom are you going to file the complaint?
[46:46.000 --> 46:52.800]  Yes. That was a question, Rick.
[46:53.920 --> 47:01.440]  I'm sorry, again? Against whom do you intend to file this next complaint?
[47:02.640 --> 47:08.000]  Well, I was going to file another criminal complaint against the judge and ask that
[47:08.000 --> 47:17.200]  also file a recusal suggestion. A criminal complaint on the DA, if I'm not misunderstanding
[47:17.200 --> 47:22.400]  what you said earlier, for not moving this up to a grand jury. Yes. I'm going to suggest that you
[47:22.400 --> 47:29.440]  do not file another criminal complaint against the judge. We've already filed one. It is
[47:29.440 --> 47:42.400]  in the system. They have a duty to act on it. And the procedure is, this is the tar baby syndrome.
[47:43.840 --> 47:51.280]  You held out the tar baby to the district attorney, and he elected to touch it, so he stuck to it.
[47:51.280 --> 48:00.400]  So the next complaint is against the district attorney for failing to present this judge to
[48:00.400 --> 48:14.240]  the grand jury. And where do you file that? That was a question. No. Okay. In law,
[48:14.240 --> 48:22.080]  nothing directs a criminal complaint to a prosecutor or a policing agency.
[48:24.240 --> 48:35.520]  Everything in law directs a criminal complaint to some magistrate. When a prosecuting attorney
[48:35.520 --> 48:41.360]  is made known that a crime has been committed, he must reduce the complaint to an information.
[48:41.360 --> 48:55.040]  And submit it to some magistrate. Everything directs complaints to some magistrate. And the
[48:55.040 --> 49:02.880]  purpose of that is, is so that the magistrate can look at the complaint, hold an examining trial
[49:02.880 --> 49:09.360]  under Chapter 16, Code of Criminal Procedure, make a determination of probable cause.
[49:09.360 --> 49:16.960]  And once he's made a determination of probable cause, if he finds probable cause, then he must
[49:16.960 --> 49:25.120]  issue an order under 16, 17, showing that he has found probable cause in an examination
[49:25.120 --> 49:32.000]  trial as had, examining trial. Regardless of the decision, he must issue an order into 16,
[49:32.000 --> 49:37.600]  17, showing whether he bound the person over for trial, released him over at his liberty,
[49:37.600 --> 49:45.280]  or released him on bail. And if he finds probable cause, if the person has been arrested without
[49:45.280 --> 49:52.240]  a warrant, then he must issue a warrant. Or if the person has not been arrested and a criminal
[49:52.240 --> 50:01.920]  complaint has merely been filed, then he's to prepare a warrant under 16, 20. And it is the warrant
[50:01.920 --> 50:14.000]  that gives the court jurisdiction. The magistrate, when he's, when the judge is wearing his magistrates
[50:14.000 --> 50:23.120]  hat, he has jurisdiction based on the complaint. Once he makes a determination of probable cause,
[50:23.120 --> 50:27.760]  he's required by 17.3-year-old Code of Criminal Procedure to seal all documents
[50:27.760 --> 50:33.040]  head in the hearing cause, I think, to be written across the seal of the document and forward it
[50:33.040 --> 50:38.480]  to the clerk of the court of jurisdiction. Now that filing must have a complaint in it
[50:40.080 --> 50:46.720]  and a warrant in it. And if you read a warrant, what the warrant says, you arrest, arrest this
[50:46.720 --> 50:54.400]  person and bring him before me. And the warrant requires the person to be brought to the court
[50:54.400 --> 51:02.800]  once he's brought to the court. And the court of original jurisdiction has a criminal complaint
[51:02.800 --> 51:12.720]  and finding a probable cause in its hand. Now it has jurisdiction. Until it has that warrant
[51:12.720 --> 51:24.720]  and the order under 16, 17, it has no jurisdiction. So that's how it's supposed to work. So when you
[51:24.720 --> 51:30.720]  file a criminal complaint against a prosecutor, with a prosecutor and he fails to act on it,
[51:30.720 --> 51:45.360]  then you file a complaint with some magistrate. And who are magistrates? Under Article 2.09,
[51:45.360 --> 51:55.760]  Code of Criminal Procedure, titled, Who Are Magistrates? First one, justices of the Supreme Court.
[51:55.760 --> 52:04.640]  Now, if you're a police officer, you should probably give a complaint to a local justice of
[52:04.640 --> 52:11.520]  peace. Or if you're a prosecuting attorney, maybe a local judge or something. But you're
[52:11.520 --> 52:21.200]  neither one of those. You are the sovereign. So you should give it to the public employee
[52:21.200 --> 52:31.120]  who sits at a position directly below your position. And as far as the court system is
[52:31.120 --> 52:40.960]  concerned, that would be the Chief Justice of the Supreme. And if you send that to the Chief
[52:40.960 --> 52:45.520]  Justice of the Supreme, a criminal complaint against a district attorney, accusing the
[52:45.520 --> 52:52.800]  district attorney of shielding another judge from prosecution, there is a very good chance
[52:52.800 --> 53:00.960]  that the Chief Justice of the Supreme, his name is Johnson, will forget about Article 2.09,
[53:00.960 --> 53:05.600]  Code of Criminal Procedure, that says who are magistrates. And he's going to think he's a Chief
[53:05.600 --> 53:13.360]  Justice of the Supreme Court. But when he opens your document and looks at a verified criminal,
[53:13.360 --> 53:22.240]  affidavit, he stops being the Chief Justice of the Supreme Court. That legal hat comes off.
[53:23.440 --> 53:32.800]  Another hat goes on. And that's a magistrate's hat. And as a magistrate, when he's made known
[53:32.800 --> 53:37.840]  that a crime has been committed, he has a duty under Article 2, 10 to keep peace and
[53:37.840 --> 53:45.120]  calm and use no legal means, which includes the only duty that a magistrate has is your
[53:45.120 --> 53:53.840]  rewards, finding probable cause. When the Chief Justice sends you this very polite letter,
[53:55.120 --> 53:59.760]  instructing you that you really need to file this with the local police department,
[53:59.760 --> 54:07.840]  you can say, well, Chief Whitaker, thank you very much. And then prepare a criminal affidavit
[54:07.840 --> 54:16.800]  against the Chief Justice of the Supreme Court for misfeasance in office, misfeasance as opposed
[54:16.800 --> 54:23.840]  to malfeasance. Malfeasance is where you do something you're not authorized to do,
[54:23.840 --> 54:31.280]  or you could be the crime and do something improper. Misfeasance is when you fail to
[54:31.280 --> 54:40.160]  perform a duty you are required to perform. And charge him with failing to hold an examining
[54:40.160 --> 54:47.040]  trial on the criminal accusations against the District Attorney. You file that with the District
[54:47.040 --> 54:55.200]  Attorney, along with a request that the District Attorney petition the District Court to appoint
[54:55.200 --> 55:02.320]  an attorney pro-Chem in accordance with Article 2.07. Is that right, any 2.07 court agreement
[55:02.320 --> 55:11.040]  procedure? Yes. Yeah, appoint an attorney pro-Chem to prosecute the Chief Justice of the Supreme
[55:11.040 --> 55:17.440]  because the District Attorney is disqualified. And you think that won't get them all jumping up
[55:17.440 --> 55:27.360]  and down and waving their arms? They forgot who you are, Rick. Yeah, there is one other aspect
[55:27.360 --> 55:34.240]  of that also, Rick. Under that same Article 43.03 on the payment of fine, Subsection E
[55:34.240 --> 55:40.400]  specifically says that article does not apply to a court governed by Chapter 45, which is any
[55:40.400 --> 55:49.680]  JP or municipal court in Texas. I'm reading 4309 F, which is what they cited, which is fine
[55:49.680 --> 56:00.800]  discharged. I don't see that. No, 43.03. They can't discharge a fine that they can't make
[56:00.800 --> 56:07.680]  payment of under the conditions of Chapter 43. Chapter 43 only applies to A and B misdemeanors.
[56:07.680 --> 56:17.120]  It specifically disregards fine onlys because there is no limit of incarceration allowed
[56:17.120 --> 56:24.720]  for a fine only. And this chapter deals only with the methods of forcing payment or confining
[56:24.720 --> 56:33.680]  and sitting out payment. And confinement in any circumstance is not a condition of a fine only.
[56:33.680 --> 56:46.160]  Okay. So, in that instance, you can accuse the judge of exerting or purporting to exert an
[56:46.160 --> 56:52.000]  authority which he does not expressly have, and in the process to deny you in the full and free
[56:52.000 --> 56:57.440]  access to your enjoyment of the right, and as described, defined as a class A misdemeanor
[56:57.440 --> 57:09.920]  by 39.03 penal code. And in the last legislature 2007, or the one in 2007, or the last one,
[57:10.880 --> 57:18.240]  the one before last, the legislature amended Chapter 39 of the Code of Criminal Procedure,
[57:18.240 --> 57:31.600]  specifically 39.01. And what was that, Eddie, was it 39.051 that gave the Attorney General
[57:31.600 --> 57:40.960]  concurrent jurisdiction? 39.051? Yeah. I think that's what it is. I think it's 39.05. I'm sorry,
[57:40.960 --> 57:55.360]  39.015. 39.015 gave the Attorney General concurrent jurisdiction in complaints under Chapter 39.
[57:57.360 --> 58:07.600]  So, you can ask the District Attorney to petition the court to appoint the Attorney General to
[58:07.600 --> 58:19.600]  prosecute Chief Justice of the Supreme under his authority under 39.15. That ought to be a hoot.
[58:21.840 --> 58:28.320]  Okay. Hang on, Rick. We will finish up with you on the other side and then go to Chris and Mark.
[58:29.280 --> 58:35.520]  This is Randy Kelton, Deputy Stephen St. Craig. We have a radio. We're about to go to our top of
[58:35.520 --> 58:45.680]  the yellow break. But if you have a question or comment, give us a call 512-646-1984. We'll be
[58:45.680 --> 58:54.720]  right back on the other side. The Bible remains the most popular book in the world, yet countless
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[59:50.000 --> 59:58.800]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:03.520 --> 01:00:07.600]  The Indian government may be wiping the smile off of Colgate's face.
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[01:03:29.440 --> 01:03:53.840]  Okay, we're back. We're in Calcutta Beach.
[01:03:53.840 --> 01:04:07.440]  Okay, Rick, have you got a plan?
[01:04:08.560 --> 01:04:09.920]  It's what we said makes sense.
[01:04:09.920 --> 01:04:16.880]  The recap on this, just quickly, it's to follow a complaint against the DA for failing to move
[01:04:16.880 --> 01:04:24.080]  us to a grand jury and then submit it to a Chief Justice of Supreme and see at that point what happens.
[01:04:26.160 --> 01:04:31.280]  Right, wait for the Chief Justice to send you his polite and pleasant letter directing you
[01:04:31.280 --> 01:04:40.160]  to a policing agency. Okay. Then you file against him and then he realizes that you set him up.
[01:04:40.160 --> 01:04:47.680]  I'll file on him, if he does that, a failure to hold an examining trial against this judge.
[01:04:48.400 --> 01:04:58.160]  Yes, you charge him with Ms. Feeson's in office, 3903. And now you get to reference, it was 39.015,
[01:05:00.000 --> 01:05:05.200]  where it gives the Attorney General concurrent jurisdiction.
[01:05:05.200 --> 01:05:11.600]  So you ask, you file a complaint against the Chief Justice with the District Attorney,
[01:05:12.480 --> 01:05:17.600]  and since the District Attorney is disqualified, you request the Petitioned District Judge
[01:05:18.160 --> 01:05:25.200]  to appoint the Attorney General to prosecute both the Chief Justice and the District Attorney.
[01:05:25.200 --> 01:05:36.320]  That's going to get everybody's attention. Yeah, Rick, look down under 43.09 at subsection N
[01:05:36.320 --> 01:05:43.920]  as in Nancy. Once again, this article does not apply to a court governed by Chapter 45.
[01:05:43.920 --> 01:05:58.000]  4943.09 N does not apply to what? Courts under Chapter 45 of the Code of Criminal Procedure.
[01:05:58.640 --> 01:06:05.760]  In other words, if this case was held at a municipal or justice court, this conviction,
[01:06:05.760 --> 01:06:18.960]  then they cannot use Chapter 43 against you, including 43.09 F, because 43.09 N says nothing
[01:06:18.960 --> 01:06:23.360]  in 43.09 applies to a justice or municipal court.
[01:06:27.200 --> 01:06:31.440]  And what charge did you file against the judge?
[01:06:31.440 --> 01:06:39.680]  Well, that was back in 09. They would never have my jury trial. Even when I was scheduled
[01:06:39.680 --> 01:06:43.680]  for it on the docket, I would demand it. They'd just smile and say, we're going to reset you.
[01:06:43.680 --> 01:06:49.840]  It was just diesel therapy. So I filed the criminal complaint stating all that,
[01:06:50.480 --> 01:06:55.360]  and then also to have them recuse so we could resolve this issue. And of course...
[01:06:55.360 --> 01:07:02.080]  Okay, wait a minute. Did you file those together as one document?
[01:07:02.080 --> 01:07:04.800]  Yes, sir. Filed them both together, gave them to the DA.
[01:07:04.800 --> 01:07:06.560]  No, wait. Was it one document?
[01:07:07.600 --> 01:07:08.960]  No, second.
[01:07:10.000 --> 01:07:15.840]  Okay. I would look at filing a criminal complaint now against this judge
[01:07:15.840 --> 01:07:29.040]  for acting under Article 43, when Article 43, in its own text, specifically limits its application,
[01:07:30.080 --> 01:07:39.040]  restricts the application from courts acting under Chapter 45. That is essentially dead bang.
[01:07:39.040 --> 01:07:47.760]  I'm going to be extremely hard, and this is something they are not going to want adjudicated.
[01:07:49.600 --> 01:07:56.320]  Yeah, and the thing about it is, if you go to a justice or municipal court and you get convicted,
[01:07:56.320 --> 01:08:02.560]  and it's a court of no record, then if you go and do the appeal and re-hold the trial at the
[01:08:02.560 --> 01:08:10.240]  county level, they can't use that conviction to then use this chapter to go after you,
[01:08:10.240 --> 01:08:15.840]  because that would mean that anyone that didn't appeal could avoid the punishment,
[01:08:15.840 --> 01:08:19.200]  while those that did would have to go to jail to pay the fine.
[01:08:23.200 --> 01:08:27.600]  Okay, so 43.09 in is under a court under...
[01:08:27.600 --> 01:08:34.960]  A court under Chapter 45, Chapter 45 of the Code of Criminal Procedure is specifically directed
[01:08:34.960 --> 01:08:43.200]  at justice and municipal courts, and only justice and municipal courts have original jurisdiction
[01:08:43.200 --> 01:08:51.520]  over fine only offenses in Texas. Therefore, this case can only be originally tried in one of those
[01:08:51.520 --> 01:08:58.080]  courts. If you appeal it from a court of no record, it's a trial de novo at county.
[01:08:59.280 --> 01:09:08.000]  So if they attempt to say... Wait, however it is not tried under county law, it's tried under
[01:09:08.000 --> 01:09:18.320]  Chapter 45, still. Yeah, exactly. But if they try to argue that the county court is not subject to
[01:09:18.320 --> 01:09:25.600]  Chapter 45, then that's where they're dead wrong, because the rules of procedure relating to that
[01:09:25.600 --> 01:09:33.120]  class of offense are specifically codified in Chapter 45. Plus, they can't have a different
[01:09:33.120 --> 01:09:40.000]  punishment for those that don't appeal than they do for those that do and get convicted at the
[01:09:40.000 --> 01:09:48.800]  trial de novo. Okay, so the county court level, they're not under Chapter 45. If they're hearing
[01:09:48.800 --> 01:09:57.680]  a class C fine only, they absolutely are. Yeah, you're appealing up, and when you appeal up the
[01:09:57.680 --> 01:10:07.040]  conditions of the accusation come with it. This court can only adjudicate the rules that were
[01:10:07.040 --> 01:10:11.600]  in effect in the original prosecution. They can't apply a different set of rules.
[01:10:15.440 --> 01:10:22.560]  So that's how it's always is. If you're tried 10 years ago, and you've been appealing it all
[01:10:22.560 --> 01:10:28.640]  this time, and you finally get to court, and the laws have completely changed, it makes no
[01:10:28.640 --> 01:10:35.840]  difference. Your appeal comes in under the laws at best. They stood at the time that you went to
[01:10:35.840 --> 01:10:42.880]  trial. So when you appeal, you appeal based on the laws under which you were tried, the county
[01:10:42.880 --> 01:10:51.920]  court does not get to apply a different set of law. And that's how that cow ate that cabbage.
[01:10:53.440 --> 01:11:00.160]  But here, you know, this is clear in law. So this is a great criminal accusation
[01:11:00.160 --> 01:11:13.120]  to give to the Chief Justice of the Supreme. You might send the dime with it and explain
[01:11:13.120 --> 01:11:18.720]  that since you're going to put him on one, you might as well give him one to stand on.
[01:11:19.920 --> 01:11:27.840]  He's the Chief Justice of all people who must know law. He must know the law.
[01:11:27.840 --> 01:11:33.440]  So he can't continue, doesn't he? I've got the article. I've got the 4309,
[01:11:34.000 --> 01:11:37.440]  but it stops at M on my page. I don't see an N as in Nancy.
[01:11:40.960 --> 01:11:47.200]  You don't see N? You see, what does M say in 43.09, Rick?
[01:11:47.920 --> 01:11:53.520]  Fines and costs imposed by municipal court, regardless of whether the court is a court of
[01:11:53.520 --> 01:12:00.480]  record, may be discharged in a manner provided by subsection F of this article. A community
[01:12:00.480 --> 01:12:06.880]  supervision and corrections department or a court-related services office may provide the
[01:12:06.880 --> 01:12:14.080]  administrative duties and other services necessary for the placement in programs under this article
[01:12:14.080 --> 01:12:18.960]  of a defendant convicted in a municipal court. Okay, let me make sure we have this right.
[01:12:18.960 --> 01:12:29.360]  43.09. Yes. That is not what's online currently at the legislative website for these statutes.
[01:12:30.000 --> 01:12:32.240]  What are you reading that out of, Rick?
[01:12:34.560 --> 01:12:40.080]  Texas Code of Criminal Procedure. I just pulled it up on Google last week.
[01:12:40.080 --> 01:12:43.840]  Well, don't use Google. Go to the state legislative website and read it.
[01:12:43.840 --> 01:12:52.320]  State legislative. Do a search for Texas statutes. It'll be the first hit you get.
[01:12:52.880 --> 01:12:58.320]  Click on it. It'll have constitution statutes. Click on statutes. Go down to Peter Code.
[01:12:58.320 --> 01:13:04.240]  Yeah, subsection M that you're reading, according to what I'm looking at, was repealed in 2007.
[01:13:05.040 --> 01:13:12.800]  Oh, okay, okay. All right, I will pull up the Texas legislature then and see what their take is.
[01:13:12.800 --> 01:13:31.440]  Yeah, it's statutes.legislgs.state.tx.us. I'm sorry, statutes.legislgs.state.tx.us. That will take
[01:13:31.440 --> 01:13:36.960]  you to the home page. Click on Texas statutes. That will expand that out and you can see all the
[01:13:36.960 --> 01:13:43.200]  codes. Click on Code of Criminal Procedure and then go down to section 43 or chapter 43.
[01:13:44.080 --> 01:13:49.840]  But that subsection M you're reading is repealed, has been since 2007.
[01:13:50.640 --> 01:13:57.680]  Okay, statutes.legislgs.state.tx.us and then go to Texas statutes and then Code of Criminal Procedure.
[01:13:57.680 --> 01:14:00.000]  Correct. Got you.
[01:14:00.000 --> 01:14:08.720]  Oh, that's, okay, I'm sorry. That's why we keep it around. Yeah, so far it would seem like the
[01:14:08.720 --> 01:14:14.160]  court is trying to use a book that it knows is out of date in order to get free labor out of
[01:14:14.160 --> 01:14:25.840]  fine only offenders. Okay, okay. Sending this to the Chief Justice. Oh, this could be so much fun.
[01:14:25.840 --> 01:14:30.880]  Well, I'll keep you guys posted. That's for sure. I love you guys. All right. Thanks, Rick.
[01:14:31.600 --> 01:14:41.520]  Thank you. All right. Well, that being said, who we got next, Randy? Okay, we have Chris in Texas.
[01:14:43.840 --> 01:14:46.080]  Hello, Chris. What do you have for us today?
[01:14:46.080 --> 01:14:57.120]  Hey, I have update on the case or the church warrant that was...
[01:14:57.120 --> 01:15:01.920]  This is the church warrant. That's right, I remember. Okay. All right, I found my complaint.
[01:15:01.920 --> 01:15:04.320]  Did they come and beat you into unconsciousness?
[01:15:05.200 --> 01:15:06.000]  Yes, pretty much.
[01:15:06.000 --> 01:15:16.720]  But I found my criminal complaint and it ended up being eternal affairs.
[01:15:16.720 --> 01:15:23.440]  Yeah, and you pretty much answered all my questions about that on that last caller with Rick.
[01:15:24.800 --> 01:15:29.920]  But what I need to know is, is there any need for me to go talk to this
[01:15:29.920 --> 01:15:39.280]  internal affairs officer? Okay, I once went down to the Fort Worth Police Department to
[01:15:39.280 --> 01:15:48.080]  file a criminal complaint. I was driving down 35 North and this police officer, I think he was
[01:15:48.080 --> 01:15:55.680]  a new police officer, he caught someone in front of me speeding. He turned on his lights and
[01:15:55.680 --> 01:16:03.920]  bailed out in the highway right in front of me. Well, I swerved and hit the brakes and for a year,
[01:16:03.920 --> 01:16:11.600]  you could see two black marks leading right toward one of the upright supports for an underpass.
[01:16:12.160 --> 01:16:19.760]  I stopped within inches of that upright support. Well, I backed out, pulled back out in the roadway
[01:16:19.760 --> 01:16:27.680]  and about a mile down he had this guy pulled over. I pulled up behind him, got out of my pickup,
[01:16:28.400 --> 01:16:33.680]  started walking up to the car and he walked back toward me and he said, can I help you?
[01:16:35.360 --> 01:16:43.520]  I said, card. He said, what? Card, card. I want a card. He pulls out his business card
[01:16:43.520 --> 01:16:50.000]  and gave it to me and I turned her out, stalked off and then went to his sergeant with a criminal
[01:16:50.000 --> 01:16:55.040]  complaint against him and I ll finish this up on the other side. This is Randy Calderon's
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[01:19:28.400 --> 01:19:42.160]  Okay, we are back. Lance Kelton, Devin Stephen, Jenny Creek was your radio. And the part of
[01:19:42.160 --> 01:19:49.360]  all that story was, is I took a criminal half a day to the police department, the Fort Worth
[01:19:49.360 --> 01:19:54.480]  Police Department. And they brought out a sergeant and I gave it to the sergeant and he sent me
[01:19:54.480 --> 01:19:59.840]  back to this room and this guy came in and he said, I m with internal affairs and I d like
[01:19:59.840 --> 01:20:04.880]  to talk to you about this, about your complaint. I said, wait, wait, wait, I can t. I don t
[01:20:04.880 --> 01:20:11.280]  need to talk to you guys. He said, well, you filed a complaint against one of our officers.
[01:20:11.280 --> 01:20:17.360]  I said, oh, wait, wait, you misunderstand. I m not filing an administrative complaint.
[01:20:17.360 --> 01:20:26.400]  All the buttons were on his uniform, the uniform was clean. I don t have an administrative
[01:20:26.400 --> 01:20:32.960]  complaint. He said, well, why are you here? I have a criminal complaint. Are you going
[01:20:32.960 --> 01:20:41.760]  to arrest this officer? He said, no, we re done. Good day. And the guy followed me down the hall,
[01:20:41.760 --> 01:20:47.520]  but Mr. Kelton, Mr. Kelton, we are done. And then I went straight to the district attorney s
[01:20:47.520 --> 01:20:53.680]  office. And that s my point about when you file something with the police department,
[01:20:54.800 --> 01:21:04.960]  what they will do is ask you to file, to prepare a voluntary statement. And I ll be glad to do
[01:21:04.960 --> 01:21:14.000]  that for him. But I will attach to it a verified criminal affidavit. I did that in a little town
[01:21:14.000 --> 01:21:21.120]  in your Stephenville, I forget the name of it now, and handed the officer the complaint,
[01:21:22.080 --> 01:21:30.720]  or the voluntary statement, and attached to it with a paper clip was a verified criminal affidavit.
[01:21:30.720 --> 01:21:36.880]  And he looked at that and said, what s this? I said, well, that s a verified criminal affidavit.
[01:21:36.880 --> 01:21:40.960]  Well, I can t take this. I said, we already have. He said, here, you re going to have to take this
[01:21:40.960 --> 01:21:48.320]  back. I stepped back. I m not taking it. You got it. You re keeping it. And oh, he really got excited
[01:21:50.080 --> 01:21:58.640]  because he understood the problem. Once I put in his hand a verified criminal affidavit,
[01:21:58.640 --> 01:22:07.840]  that invoked his duty under law to keep the peace in the county. And it made no difference who
[01:22:07.840 --> 01:22:16.080]  breached it. And this is one of his fellow brothers in blue who breached it and he wanted
[01:22:16.080 --> 01:22:22.640]  to sneak in behind this thin blue line. So he got real excited about it. But I refused to take
[01:22:22.640 --> 01:22:30.960]  it back. And he went ahead and took it. And I left him and went straight to the county attorney.
[01:22:30.960 --> 01:22:40.240]  It wasn t something I wanted to pursue. But I can assure you this officer spent some time on the
[01:22:40.240 --> 01:22:49.360]  carpet explaining himself because he had other officials looking at having themselves get in
[01:22:49.360 --> 01:22:54.720]  trouble. So as far as filing a complaint against a police officer in the police department,
[01:22:54.720 --> 01:23:02.640]  forget about that noise. Besides, I sent this complaint to the DA and the DA handed it over
[01:23:02.640 --> 01:23:13.680]  to internal affairs. Okay. Wonderful. That s exactly what you need. Proof positive. Okay.
[01:23:13.680 --> 01:23:26.640]  Not quite yet. Go down to the district clerk s office and ask to see the minutes of the grand
[01:23:26.640 --> 01:23:35.120]  jury and still say, I don t know what you re talking about. I want to see the records kept
[01:23:35.120 --> 01:23:45.200]  in accordance with 20.22 Texas Code of Criminal Procedure. And then they ll go dig out the code
[01:23:45.200 --> 01:23:51.280]  and read it. And then they ll start doing this little chicken dance. And when they give you,
[01:23:51.280 --> 01:24:00.240]  I suggest that you go on jurisimprudence.com, go to documents and research, click on blanks
[01:24:00.240 --> 01:24:11.360]  and download the information request, blank info, I think it s called, and fill that out
[01:24:12.240 --> 01:24:22.080]  and put in there a request for the records of the grand jury kept as required by article 20.22
[01:24:22.080 --> 01:24:29.600]  Texas Code of Criminal Procedure from this date to beginning on this date, you know, for a period,
[01:24:29.600 --> 01:24:38.160]  beginning on this date and ending on this date. Okay. And hand it to the clerk. And they re likely
[01:24:38.160 --> 01:24:42.800]  to say, well, I don t have those records. A lot of times they ll say that the prosecutor hasn t.
[01:24:44.240 --> 01:24:50.800]  That you ll have to go to the prosecutor to know, ma'am. I m coming to you. Here s my request.
[01:24:50.800 --> 01:24:59.200]  Either produce the records or prepare me an answer saying that you have no records
[01:24:59.200 --> 01:25:08.720]  responsive to my request. And I ll be happy and I ll go away. And then watch. You get to see the
[01:25:08.720 --> 01:25:19.440]  chicken dance. She knows what the code says. It says the clerk shall make notations in the minutes
[01:25:19.440 --> 01:25:28.160]  of the court. And those are records the district clerk is required to maintain,
[01:25:28.960 --> 01:25:39.680]  not the prosecuting attorney. So if she has forwarded court records to the custody of the
[01:25:39.680 --> 01:25:46.800]  prosecuting attorney, she has committed mis-feas and malfeasance in office and failed to perform
[01:25:46.800 --> 01:25:54.880]  her duty. And you fought against her for that. So when she gives you, if she responds by saying
[01:25:54.880 --> 01:26:00.720]  she has no records responsive to your request, then you go get security and say, here s the
[01:26:00.720 --> 01:26:07.040]  request I made. I made it under this statute that requires the clerk to keep these records.
[01:26:07.680 --> 01:26:13.280]  The clerk just gave me this letter here that says she doesn t keep these records that this
[01:26:13.280 --> 01:26:21.120]  statute requires her to keep. And under 39.03 Texas penal code, if a public official fails to
[01:26:21.120 --> 01:26:25.840]  perform a duty, he s required to perform. And in the process, denies me the full free access to
[01:26:25.840 --> 01:26:35.600]  her enjoyment of right. In this case, she denied me my right to a public court as granted by
[01:26:35.600 --> 01:26:43.520]  the article one. Was it 1.24, Eddie? It says all courts shall be public. Yes. Yeah, I ve been
[01:26:43.520 --> 01:26:51.760]  saying 1.29, so 1.24. And violation of 1.24 code of crime procedure, arrest her. I think you could
[01:26:51.760 --> 01:27:05.440]  see another chicken dance. But this is a lot more fun than picking bad taste out from
[01:27:05.440 --> 01:27:13.600]  between your teeth. And if we ve heard the one taking them to task, you ll find it could become
[01:27:14.640 --> 01:27:20.800]  a habit. But try not to get it to be too much of a habit. You ll wind up with a few broken ribs,
[01:27:22.640 --> 01:27:27.040]  broken, two broken collar bones, broken elbow, tooth knocked out,
[01:27:27.040 --> 01:27:37.440]  the very sundry of the things. Anyway, that is the procedure I would take. And just following
[01:27:37.440 --> 01:27:50.640]  the thunder, you invoke the law and get them to step outside the law and always remember
[01:27:50.640 --> 01:28:01.360]  you re not an attorney. More specifically, you are not their attorney. So do not presume to give
[01:28:01.360 --> 01:28:12.560]  them legal advice. By that I mean no fair warning. Oh, this is the law. These are my rights. You re
[01:28:12.560 --> 01:28:18.640]  supposed to do that. Don t do that crap. Say, I would really like for you to do this. And they
[01:28:18.640 --> 01:28:25.360]  say, well, you know, we really can t do that. You really need to go over here. Gotcha.
[01:28:28.640 --> 01:28:35.600]  Then you file a criminal complaint against them and you will be amazed at the responses you get.
[01:28:36.160 --> 01:28:45.440]  And this is how we will get things changed. We won t necessarily get things changed by getting
[01:28:45.440 --> 01:28:52.160]  public officials arrested or thrown in jail or removed from office or war until we ll get
[01:28:52.960 --> 01:29:00.080]  things changed by scaring the crapola out of public officials. And then going away
[01:29:01.120 --> 01:29:08.800]  and giving them opportunity to think about what you just did to them, how easy it was for you
[01:29:08.800 --> 01:29:16.800]  to do that to them, how vulnerable they felt, and give them opportunity to think, I do not
[01:29:16.800 --> 01:29:24.320]  want to get caught in that position again. So how do I keep from getting caught in that position?
[01:29:25.040 --> 01:29:31.680]  I read that code, that jerk just read, just cite it to me and I do my best to file it.
[01:29:31.680 --> 01:29:39.600]  Okay, do you have anything else for us? I have one other question I need to ask you real quick
[01:29:39.600 --> 01:29:46.560]  about the top support case that I asked you about a few weeks ago. Okay, hold on. You
[01:29:47.680 --> 01:29:52.560]  pick that up on the other side and then you ll go to Mark and George. I see you there on the bridge.
[01:29:53.280 --> 01:29:58.080]  This is Randy Caldwell, Steve and Jamie Craig. We have a radio. Right back.
[01:29:58.080 --> 01:30:05.520]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:30:05.520 --> 01:30:10.320]  The government says that fire burnt it down. However, 1500 architects and engineers have
[01:30:10.320 --> 01:30:14.880]  concluded it was a controlled demolition. Over 6,000 of my fellow service members have given
[01:30:14.880 --> 01:30:19.520]  their lives. Thousands of my fellow force responders are dying. I m not a conspiracy theorist.
[01:30:19.520 --> 01:30:22.880]  I m a structural engineer. I m a New York City correction officer. I m an Air Force pilot.
[01:30:22.880 --> 01:30:29.600]  I m a father who lost his son. We are Americans and we deserve the true go-to. Rememberbuilding7.org
[01:30:29.600 --> 01:30:35.520]  today. The rule of law radio network is proud to present a due process of law seminar hosted
[01:30:35.520 --> 01:30:40.400]  by our own Eddie Craig. Eddie is a former Nacodotius Sheriff s deputy and for the past 21
[01:30:40.400 --> 01:30:44.880]  years he s been studying the due process of law and now offers his knowledge to you at a seminar
[01:30:44.880 --> 01:30:50.800]  every Sunday from 2 o'clock to 5 o'clock at Brave New Books located at 1904 Guadalupe Street.
[01:30:50.800 --> 01:30:55.600]  Admission is $20 so please make plans to come by and sit with Eddie and learn for yourself
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[01:32:00.720 --> 01:32:05.680]  You are listening to the Logos Radio Network. LogosRadioNetwork.com
[01:32:05.680 --> 01:32:07.680]  Logos Radio Network
[01:32:35.680 --> 01:32:52.480]  I had called you a few weeks ago about child support case. I found a motion that
[01:32:52.480 --> 01:33:05.760]  you told me to file on the bill of review and I have failed to receive an answer from the Attorney General and it's been 40 plus days now.
[01:33:07.120 --> 01:33:14.400]  Now you need to file a petition. Let's see, not a written mandamus. Pretty call it petty when you
[01:33:14.400 --> 01:33:17.520]  file a motion asking the judge to order them to do something.
[01:33:17.520 --> 01:33:20.800]  Finding a facts and conclusions of the law or written mandamus?
[01:33:20.800 --> 01:33:29.520]  No, not mandamus. There's another one. You're asking the judge to issue an order for them to do something.
[01:33:31.520 --> 01:33:32.880]  That is a mandamus, Randy.
[01:33:32.880 --> 01:33:40.160]  It's not always. No, there's another one that's not quite so involved as mandamus.
[01:33:40.720 --> 01:33:43.040]  A rid of get off your butt and do what I said?
[01:33:43.040 --> 01:33:48.160]  Yeah, that's essentially what it is, but it has a name. I'll think of it in a minute, but there's
[01:33:48.160 --> 01:33:55.040]  you can ask the judge to order them to respond without going to mandamus.
[01:33:55.600 --> 01:34:03.040]  Mandamus is a form of appeal and you're just asking the judge to issue an order,
[01:34:05.520 --> 01:34:13.600]  order to compel, but there's a special name for it. It'll come to me, but ask them,
[01:34:13.600 --> 01:34:21.760]  ask the judge to issue an order directing the attorney general to respond to your bill of particulars.
[01:34:22.480 --> 01:34:28.160]  Am I not able to file for a no response default judgment in the fact that this
[01:34:28.160 --> 01:34:30.480]  is something the court's jurisdiction to begin on?
[01:34:31.680 --> 01:34:37.840]  No, this is not the kind of thing that goes to a judicial admission.
[01:34:37.840 --> 01:34:50.400]  Now, if you made an original petition and you made accusations in an original petition
[01:34:50.400 --> 01:34:58.320]  where they have a specific statutory duty to respond, then you could claim default judgment.
[01:34:59.280 --> 01:35:06.000]  Or if you filed a motion, a petition for bill of particulars is not a motion.
[01:35:06.000 --> 01:35:13.120]  If you filed a motion asking the judge to give you a ruling based on certain facts,
[01:35:14.080 --> 01:35:19.920]  and the other side didn't refute those facts, then they would waive an objection
[01:35:20.800 --> 01:35:27.600]  and in effect stipulate to the facts, but asking for them to produce something that
[01:35:27.600 --> 01:35:37.360]  they don't produce, that doesn't go to default. Okay. A motion to compel, that's what you want.
[01:35:39.040 --> 01:35:43.280]  You filed a petition for a motion to compel, or you filed a motion to compel
[01:35:43.920 --> 01:35:49.520]  and ask the judge to compel them to respond to your bill of particulars.
[01:35:49.520 --> 01:35:57.920]  Because this was all about the fact that they didn't service me in the original case,
[01:35:57.920 --> 01:36:05.600]  and I filed this bill against as a collateral attack to their original case.
[01:36:07.440 --> 01:36:11.760]  Okay. You're claiming lack of proper service.
[01:36:12.320 --> 01:36:12.720]  Yes, sir.
[01:36:12.720 --> 01:36:19.520]  Okay. That almost always gets the case thrown out. How did the court respond to it?
[01:36:19.520 --> 01:36:22.160]  She couldn't believe that the Attorney General hadn't responded.
[01:36:24.320 --> 01:36:29.680]  Well, okay, then you tell the judge that it's not a matter of what you believe.
[01:36:30.800 --> 01:36:34.560]  This is a matter of the facts before the court.
[01:36:34.560 --> 01:36:42.960]  If the, did the Attorney General respond to your motion, to your objection,
[01:36:44.480 --> 01:36:49.360]  did you file a motion to dismiss for failure to give proper notice?
[01:36:51.600 --> 01:36:59.440]  No, not yet. If I need to do that, that's what you need to do. Then it goes to a whole
[01:36:59.440 --> 01:37:06.160]  different set of standards. You, you object to the proceedings for lack of proper notice and
[01:37:06.160 --> 01:37:12.960]  ask for, you found a motion to dismiss for lack of proper notice. And then now it goes to what is
[01:37:12.960 --> 01:37:19.920]  before the court. If you haven't filed that motion, then whether they had served you or not is not
[01:37:19.920 --> 01:37:28.240]  before the court. And I understand the judge's consideration because it's relatively standard
[01:37:28.240 --> 01:37:36.800]  procedure for the Attorney General to do certain types of notices. And someone comes in and says,
[01:37:36.800 --> 01:37:42.400]  I wasn't noticed and she's going to be dubious because these are standard procedures. So
[01:37:44.720 --> 01:37:51.440]  if you didn't specifically ask the judge to make some sort of ruling because of that,
[01:37:51.440 --> 01:38:00.400]  then the judge has no duty or no authority to make any kind of ruling because of that.
[01:38:01.440 --> 01:38:06.640]  And this is, you know, a lot of these Patriot guys talk about fighting affidavits. Well,
[01:38:06.640 --> 01:38:13.200]  affidavits are nice to establish fact, but then they get all, you know, got people saying,
[01:38:13.200 --> 01:38:18.400]  don't file motions, file affidavits. And I say, are you out of your mind?
[01:38:18.400 --> 01:38:27.680]  It's nice to file affidavits to support a set of facts, but an affidavit does not move the court.
[01:38:29.840 --> 01:38:34.480]  And for the most part, under some circumstances, the court can move
[01:38:34.480 --> 01:38:41.040]  so spontane, you know, on its own motion or on its own initiative. But for the most part,
[01:38:41.040 --> 01:38:52.160]  it cannot. The court can only give you what you ask for. We had a case where a credit card company
[01:38:52.160 --> 01:38:56.560]  filed suit and I told them the guy brought me the suit and I read it over and I said,
[01:38:56.560 --> 01:39:03.680]  they don't have a prayer. And he said, well, why not? I don't know. They don't have one.
[01:39:03.680 --> 01:39:14.080]  And the prayer is the part where you ask the court for what you want. They didn't have one.
[01:39:14.800 --> 01:39:27.040]  They didn't ask the court to do anything. So the document itself was void. So you have to
[01:39:27.040 --> 01:39:34.400]  ask the court to do something. You have to tell the judge in a motion that the standard form is,
[01:39:34.960 --> 01:39:40.800]  is in the motion, you tell the judge what you want him to do. Then you give the judge
[01:39:42.400 --> 01:39:49.920]  points in authority or memorandum and support. This is the law that says you have to do what
[01:39:49.920 --> 01:39:58.880]  I'm asking you to do. And then you ask the judge to do what you want. You put into prayer and a
[01:39:58.880 --> 01:40:03.360]  lot of guys object to the word prayer, but they need to look up what prayer means. Prayer means
[01:40:03.360 --> 01:40:11.840]  to ask. So you ask the judge, do this, do this, do this, do this. That's what gives the judge
[01:40:11.840 --> 01:40:18.080]  authority to act in your favor. If you put it in there, the judge has no duty. Does that make sense?
[01:40:18.080 --> 01:40:21.520]  That makes sense. I'm going to file a motion to dismiss tomorrow.
[01:40:22.400 --> 01:40:26.000]  Wonderful. That's probably what the judge's been waiting for.
[01:40:28.400 --> 01:40:37.440]  I, I said in the case in a mock trial as a judge, and I was absolutely amazed at how difficult it
[01:40:37.440 --> 01:40:44.160]  was because I'm sitting there and they're feeding me a bunch of trash and I'm wanting to say,
[01:40:44.160 --> 01:40:52.240]  dummy, that's worthless. Give me something I can rule on. But I was the judge. I had to sit there
[01:40:52.240 --> 01:40:59.040]  and keep my mouth shut. That was hard. So sometimes I think it's hard for a judge to watch a prosa
[01:40:59.680 --> 01:41:05.360]  come in and dance around with stuff that doesn't do you any good. And the judge wants to tell him,
[01:41:05.360 --> 01:41:13.120]  you're screwing this up, but he can't because he's got to be neutral. So good chance. That's
[01:41:13.120 --> 01:41:19.280]  what the judge wants. Okay. We are running short of time. Do you have anything else for us?
[01:41:19.280 --> 01:41:22.160]  That is it, Randy. I sure appreciate you guys every time.
[01:41:22.960 --> 01:41:31.120]  Okay. Have fun. Good luck. Now we're going to go to Mark in Wisconsin and I know Mark has been
[01:41:31.120 --> 01:41:38.800]  causing trouble again. Oh, me causing trouble? What have you been up to?
[01:41:38.800 --> 01:41:45.680]  Well, I just wanted to mention based on your last caller there that Mr. Graves points that out in
[01:41:45.680 --> 01:41:52.880]  his paperwork that you can purchase and help to rule the law about the prayer. He regularly
[01:41:52.880 --> 01:41:58.880]  talks about that about once a month on a show. One question I wanted to ask you, Randy, before I
[01:41:58.880 --> 01:42:04.240]  got into the rest of my conversation this evening, you mentioned there's a cause of action versus
[01:42:04.240 --> 01:42:10.800]  an attorney pursuing a book. Can you go slowly with the title and author of that book so I can
[01:42:10.800 --> 01:42:21.120]  write it down this time? I have to find it. It's Texas Malpractice. Okay. And I don't have it in
[01:42:21.120 --> 01:42:33.280]  front of me. It's actually stored away. The guy's name is Charles Herrick, H-E-R-I-N-G. He is still
[01:42:33.280 --> 01:42:40.560]  practicing law in Austin, Texas. Okay. Well, I'll have to find the Wisconsin equivalent. Yes. I have
[01:42:40.560 --> 01:42:47.760]  never found anything else on malpractice. If you can't find anything else, you might contact
[01:42:47.760 --> 01:42:56.560]  Charles Herrick in Austin, Texas. He's still a bar card caring attorney and he still does my
[01:42:56.560 --> 01:43:04.320]  practice issues. Okay. And find who you can get a copy of it. It is absolutely wonderful. Now,
[01:43:04.320 --> 01:43:16.960]  it does have Texas case law, but it gives you all of the things you can sue a lawyer for. And
[01:43:17.760 --> 01:43:25.360]  once you have the issues, then you can go back and use his verbiage and do a search for Wisconsin
[01:43:25.360 --> 01:43:34.320]  law and you probably find it there. But as you might suspect, the lawyers really want to hide
[01:43:34.320 --> 01:43:46.160]  this part of law from the jail. It should surprise nobody right here. Okay. But I am amazed that I
[01:43:46.160 --> 01:43:51.920]  remembered that. So, okay. Hang on, Mark. We're going to break movie right back. We'll pick you up
[01:43:51.920 --> 01:43:57.040]  on the other side of George. I see you there. Robert, we'll try to get you before you get this
[01:43:57.040 --> 01:44:04.480]  show. We'll be right back. It is so enlightening to listen to 90.1 FM, but finding things on the
[01:44:04.480 --> 01:44:09.520]  Internet isn't so easy. And neither is finding like-minded people to share it with. Oh, well,
[01:44:09.520 --> 01:44:15.040]  I guess you haven't heard of Brave New Books then. Brave New Books? Yes. Brave New Books has all the
[01:44:15.040 --> 01:44:20.400]  books and DVDs you're looking for by authors like Alex Jones, Ron Paul and G. Albert Griffin. They
[01:44:20.400 --> 01:44:26.080]  even stock Interfood, Berkey products and Calvin Soaps. There's no way a place like that in
[01:44:26.080 --> 01:44:31.920]  place. Go check it out for yourself. It's downtown at 1904 Guadalupe Street just south of UT.
[01:44:31.920 --> 01:44:37.840]  Oh, by UT? There's never anywhere to park down there. Actually, they now offer a free hour of
[01:44:37.840 --> 01:44:42.960]  parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:42.960 --> 01:44:51.120]  It does exist. But when are they open? Monday through Saturday, 11am to 9pm and 1-6pm on
[01:44:51.120 --> 01:44:58.560]  Sundays. So give them a call at 512-480-2503 or check out their events page at BraveNewBookstore.com.
[01:45:00.960 --> 01:45:03.440]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:17.440 --> 01:45:22.240]  lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
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[01:45:41.680 --> 01:45:48.400]  our American courts. You'll receive our audio classroom, video seminar, tutorials, forms for
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[01:46:18.400 --> 01:46:30.400]  Some things in this world I will never understand. Some things I realize fully.
[01:46:30.400 --> 01:46:38.400]  Somebody's on a police, a policeman. Somebody's on a police, a police.
[01:46:38.400 --> 01:46:48.400]  There's always a room at the top of the hill. I hear through the grave mine and it's lonely left too.
[01:46:48.400 --> 01:46:56.400]  They're wishing it was more than opposition to bills. They know that if they don't do it, somebody will
[01:46:56.400 --> 01:47:10.400]  do it. Okay, you're back. We talked to Mark in Wisconsin. Mark, do you have something else
[01:47:10.400 --> 01:47:18.400]  to answer your question about the practice? I've got a question about a judge and a question
[01:47:18.400 --> 01:47:22.400]  about how I should handle the attorney in our next meeting later this month.
[01:47:22.400 --> 01:47:30.400]  A judge goes ahead and says that I guess it's whether the issue of the corporate veil being pierced
[01:47:30.400 --> 01:47:34.400]  to allow the suit to proceed further will be something I have to prove. Then he goes ahead
[01:47:34.400 --> 01:47:40.400]  and says, I think they go beyond my discovery request to help prove up the corporate veil being pierced.
[01:47:40.400 --> 01:47:45.400]  I think they go beyond the scope of what's particularly appropriate for this legislation.
[01:47:45.400 --> 01:47:50.400]  I don't believe they will lead to relevant information for purposes of the lawsuit.
[01:47:50.400 --> 01:47:57.400]  I'm going to enter an order that no additional response to discovery is required.
[01:47:57.400 --> 01:48:02.400]  One of the things that would be discoverable, since I asked for leases in this particular thing,
[01:48:02.400 --> 01:48:10.400]  is where the defendant signed as a guarantor. The defendant's position is, oh, I'm just an employee there.
[01:48:10.400 --> 01:48:21.400]  I'm not an owner. I'm just curious if you know of any case law or any place where a judge gets bounced
[01:48:21.400 --> 01:48:34.400]  for denying discovery. Not that I know of offhand. Discovery is going to go to the discretion of the court.
[01:48:34.400 --> 01:48:41.400]  This is something you should certainly appeal. But I doubt you'll be able to bounce the judge
[01:48:41.400 --> 01:48:45.400]  because this clearly goes to discretion.
[01:48:45.400 --> 01:48:49.400]  Okay. It's enough, though, to file the judicial conduct complaint, though?
[01:48:49.400 --> 01:48:54.400]  Oh, yeah. You can file a judicial conduct complaint for anything you want to.
[01:48:54.400 --> 01:48:55.400]  All right.
[01:48:55.400 --> 01:49:02.400]  Yeah, that would make a good one that you have reason to believe that the judge is biased toward the other party.
[01:49:02.400 --> 01:49:06.400]  They're going to trash your judicial conduct complaint anyway.
[01:49:06.400 --> 01:49:07.400]  Oh, yes.
[01:49:07.400 --> 01:49:12.400]  But it still goes against his insurance, and that's what counts.
[01:49:12.400 --> 01:49:19.400]  All right. Then the last part is, we have this hearing that's going to be happening later this month.
[01:49:19.400 --> 01:49:26.400]  I had filed a motion for sanctions against the attorney and a motion for sanctions against the defendant.
[01:49:26.400 --> 01:49:33.400]  The defendant went ahead and said, I don't know who the ownership is, and, of course, provided documentation showing the ownership.
[01:49:33.400 --> 01:49:38.400]  So I'm looking at, effectively, a perjury request against him.
[01:49:38.400 --> 01:49:47.400]  And the attorney went ahead and said, oh, I didn't produce the documentation and the discovery because the 30-day window
[01:49:47.400 --> 01:49:53.400]  hadn't happened, and he made an argument where he starts off talking about how the case progressed,
[01:49:53.400 --> 01:50:00.400]  and then it ended it going, oh, well, because there was this judgment that I later, the judgment entered into the record,
[01:50:00.400 --> 01:50:02.400]  that's why I didn't respond.
[01:50:02.400 --> 01:50:08.400]  But two pages earlier, he was saying the judgment in the record was wrong, so I responded this way.
[01:50:08.400 --> 01:50:16.400]  Now, normally, when you have a motion for sanctions, that goes to collateral estoppel.
[01:50:16.400 --> 01:50:17.400]  Okay.
[01:50:17.400 --> 01:50:25.400]  Under the doctrine of collateral estoppel, he cannot take two mutually opposing decisions.
[01:50:25.400 --> 01:50:26.400]  All right.
[01:50:26.400 --> 01:50:29.400]  I will use that verbally then.
[01:50:29.400 --> 01:50:37.400]  He sent a letter the other day, two days ago, saying that, let me turn on the cell phone because that's where I have the text.
[01:50:37.400 --> 01:50:45.400]  In lieu of an opposition brief, I will address the plaintiff's assertion to the extent necessary at the hearing.
[01:50:45.400 --> 01:50:56.400]  Now, you'd think with two motions for sanctions, one of them being 10 pages long with 20 pages of supporting documentation,
[01:50:56.400 --> 01:51:03.400]  including citations of law supporting it, and the motion for sanctions against the attorney, including citations of law,
[01:51:03.400 --> 01:51:07.400]  and previous, I should say, citations of previous cases.
[01:51:07.400 --> 01:51:11.400]  You'd want to do something better than, I'm going to show up and talk.
[01:51:11.400 --> 01:51:25.400]  Well, one thing I would do in court is, if he brings up any case law in court to object, this is a surprise.
[01:51:25.400 --> 01:51:26.400]  Surprise.
[01:51:26.400 --> 01:51:27.400]  Okay.
[01:51:27.400 --> 01:51:33.400]  I was also planning on objecting based on, let me write down surprise here.
[01:51:33.400 --> 01:51:34.400]  All right.
[01:51:34.400 --> 01:51:40.400]  I was planning on objecting on facts, not in evidence or agreed to.
[01:51:40.400 --> 01:51:44.400]  Here's say and testifying that the attorney is testifying.
[01:51:44.400 --> 01:51:46.400]  Are there any other ones that I should...
[01:51:46.400 --> 01:51:47.400]  Okay.
[01:51:47.400 --> 01:52:00.400]  If the attorney states any fact you object to him testifying, if he brings up case law in court that he didn't put in a responsive pleading,
[01:52:00.400 --> 01:52:17.400]  you object as a surprise, as the attorney deliberately failed to produce a responsive pleading to give you opportunity to examine his case law to ensure that it was, in fact, what he says it is.
[01:52:17.400 --> 01:52:18.400]  Okay.
[01:52:18.400 --> 01:52:24.400]  About the other two then, here's say or facts not in evidence.
[01:52:24.400 --> 01:52:27.400]  Should I leave those two alone then?
[01:52:27.400 --> 01:52:31.400]  Well, it depends on what he tries to address.
[01:52:31.400 --> 01:52:42.400]  If he addresses an issue that doesn't go to a fact in evidence or if he addresses something that goes to an issue not before the court, you definitely want to object to that.
[01:52:42.400 --> 01:52:43.400]  That's subtle.
[01:52:43.400 --> 01:52:45.400]  You need to watch that close.
[01:52:45.400 --> 01:52:46.400]  Okay.
[01:52:46.400 --> 01:52:58.400]  In the actions we're taking, we file an FDC complaint asking him to prove that he has agency standing in capacity and he comes in and talks about a mortgage loan.
[01:52:58.400 --> 01:52:59.400]  We object.
[01:52:59.400 --> 01:53:08.400]  There is no mortgage loan before the court that while he was trying to collect a mortgage loan, we didn't raise an issue about a mortgage loan.
[01:53:08.400 --> 01:53:20.400]  So he can get subtle how what's before the court, what's not before the court, and you certainly want to make sure that he stays with what's before the court.
[01:53:20.400 --> 01:53:21.400]  Okay.
[01:53:21.400 --> 01:53:24.400]  Well, he's pulled the not before the court thing with me.
[01:53:24.400 --> 01:53:28.400]  I'm just wondering if he's just become so disgusted.
[01:53:28.400 --> 01:53:44.400]  He hasn't even bothering anymore and trying to phone it in or if it's a matter that he, like most of the rest of the filings in this case, didn't do anything and then came around going, oh, I should have filed a long time ago.
[01:53:44.400 --> 01:53:49.400]  So now I'm stuck with just making a verbal pitch.
[01:53:49.400 --> 01:53:53.400]  Now have you stepped right in the middle of his verbal pitch.
[01:53:53.400 --> 01:53:58.400]  Okay, we are running short on time and have anything else for us.
[01:53:58.400 --> 01:53:59.400]  No, that's it.
[01:53:59.400 --> 01:54:00.400]  Thank you.
[01:54:00.400 --> 01:54:01.400]  Thank you, Mark.
[01:54:01.400 --> 01:54:06.400]  Okay, we are going to go to Robert in Texas.
[01:54:06.400 --> 01:54:09.400]  Robert, what do you have for us?
[01:54:09.400 --> 01:54:11.400]  Hi, how are you doing?
[01:54:11.400 --> 01:54:13.400]  I am doing fine.
[01:54:13.400 --> 01:54:16.400]  I mean, Johnson County.
[01:54:16.400 --> 01:54:17.400]  Remember me?
[01:54:17.400 --> 01:54:19.400]  Yes, Johnson County.
[01:54:19.400 --> 01:54:21.400]  I remember Johnson County.
[01:54:21.400 --> 01:54:23.400]  I'm surprised this is a 903 number.
[01:54:23.400 --> 01:54:26.400]  I expected that to be East Texas.
[01:54:26.400 --> 01:54:35.400]  Well, yes, this phone is, but I've phoned in several times before out of Johnson County.
[01:54:35.400 --> 01:54:39.400]  Okay, what is your issue, Johnson County?
[01:54:39.400 --> 01:54:49.400]  Randy, I've got to disagree with you heartily on correcting them on the error of their ways.
[01:54:49.400 --> 01:54:50.400]  Okay.
[01:54:50.400 --> 01:54:56.400]  They need to go to jail.
[01:54:56.400 --> 01:55:03.400]  Okay, are you on a hand-free phone?
[01:55:03.400 --> 01:55:05.400]  Yes, sir.
[01:55:05.400 --> 01:55:07.400]  I'm on a cell phone.
[01:55:07.400 --> 01:55:08.400]  It's on my ear.
[01:55:08.400 --> 01:55:09.400]  There's no...
[01:55:09.400 --> 01:55:18.400]  Oh, if you're on a cell phone, because I'm getting a squeaking and I tend to get that from a hands-free phone.
[01:55:18.400 --> 01:55:19.400]  No.
[01:55:19.400 --> 01:55:20.400]  Okay, I'm not sure what it is.
[01:55:20.400 --> 01:55:21.400]  Okay.
[01:55:21.400 --> 01:55:22.400]  It's on my ear.
[01:55:22.400 --> 01:55:24.400]  You want them to go to jail?
[01:55:24.400 --> 01:55:25.400]  Yes, sir.
[01:55:25.400 --> 01:55:26.400]  Yes, sir.
[01:55:26.400 --> 01:55:27.400]  Okay.
[01:55:27.400 --> 01:55:28.400]  Okay.
[01:55:28.400 --> 01:55:34.400]  In the issue you have before the court, what is your intended outcome?
[01:55:34.400 --> 01:55:39.400]  What are you trying to achieve?
[01:55:39.400 --> 01:55:42.400]  I want them to go to jail.
[01:55:42.400 --> 01:55:43.400]  Okay.
[01:55:43.400 --> 01:55:45.400]  Is that the only thing you're doing?
[01:55:45.400 --> 01:55:48.400]  You just want to get them to go to jail?
[01:55:48.400 --> 01:55:53.400]  I reviewed all of your documents that you filed here.
[01:55:53.400 --> 01:55:58.400]  I followed your case letter and they still...
[01:55:58.400 --> 01:56:04.400]  You know, once you're gone, okay, they changed charges in one case and...
[01:56:04.400 --> 01:56:05.400]  Okay.
[01:56:05.400 --> 01:56:08.400]  Okay, let me give you a warning.
[01:56:08.400 --> 01:56:14.400]  You were falling right into their trap.
[01:56:14.400 --> 01:56:24.400]  Once your fight becomes about the fight and not about an outcome, now they have you in
[01:56:24.400 --> 01:56:27.400]  a position to where you'll become ineffective.
[01:56:27.400 --> 01:56:34.400]  I'm not saying that I don't want these people in jail.
[01:56:34.400 --> 01:56:45.400]  I'm saying that taking on this issue from that perspective always causes me to lose.
[01:56:45.400 --> 01:56:51.400]  Now, if they do wind up going to jail, that certainly won't hurt my feelings.
[01:56:51.400 --> 01:56:59.400]  Or if they wind up getting fired, I once got a clerk fired and I certainly did not mean
[01:56:59.400 --> 01:57:02.400]  to do that.
[01:57:02.400 --> 01:57:07.400]  But it wasn't my call.
[01:57:07.400 --> 01:57:10.400]  You know, things fall as they may.
[01:57:10.400 --> 01:57:14.400]  I was busy trying to achieve my outcome.
[01:57:14.400 --> 01:57:19.400]  Do not let yourself get lost in the frustration and anger.
[01:57:19.400 --> 01:57:21.400]  They count on that.
[01:57:21.400 --> 01:57:27.400]  They use that to cause you to lose your focus and your effectiveness.
[01:57:27.400 --> 01:57:29.400]  I understand that.
[01:57:29.400 --> 01:57:31.400]  I understand.
[01:57:31.400 --> 01:57:40.400]  What you're saying is to velvet glove them and allow them to continue on, and that's
[01:57:40.400 --> 01:57:44.400]  exactly what happened from when you came here.
[01:57:44.400 --> 01:57:49.400]  You velvet glove them and you allow them to continue on.
[01:57:49.400 --> 01:57:50.400]  Okay.
[01:57:50.400 --> 01:57:51.400]  Okay.
[01:57:51.400 --> 01:57:58.400]  When was the last time you asked a baby to drag the judge down off the bench?
[01:57:58.400 --> 01:58:05.400]  I don't exactly velvet glove them, but what I do do is try to focus what I'm doing to
[01:58:05.400 --> 01:58:07.400]  best achieve my outcome.
[01:58:07.400 --> 01:58:13.400]  But most of the time, going through directly after them, it just doesn't work well.
[01:58:13.400 --> 01:58:16.400]  That's what they're really good at, is confrontation.
[01:58:16.400 --> 01:58:22.400]  I find it more effective to sneak up behind them and kick them in behind them.
[01:58:22.400 --> 01:58:29.400]  I'm sorry we're out of time, calling tomorrow night, I would very much like to talk about
[01:58:29.400 --> 01:58:34.400]  this particular issue because it's really important that we understand that I'm going
[01:58:34.400 --> 01:58:41.400]  after them in a way that I feel like I can best screw them around and they don't get
[01:58:41.400 --> 01:58:42.400]  a shot at me.
[01:58:42.400 --> 01:58:43.400]  Okay.
[01:58:43.400 --> 01:58:44.400]  I'm sorry we're out of time.
[01:58:44.400 --> 01:58:47.400]  I ran the count whenever Steve would say to Craig, we've got radio.
[01:58:47.400 --> 01:58:50.400]  We'll be back tomorrow.
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