ROL_2013-01-25_16k_Hr1-2.timecode

[00:00.000 --> 00:06.000]  Is too much internet driving Americans crazy?
[00:06.000 --> 00:11.000]  New research says the web can make us lonely and depressed and even psychotic.
[00:11.000 --> 00:17.000]  I'm Dr. Catherine Albright and I'll talk about the internet's impact on our state of mind in a moment.
[00:17.000 --> 00:19.000]  Privacy is under attack.
[00:19.000 --> 00:23.000]  When you give up data about yourself, you'll never get it back again.
[00:23.000 --> 00:28.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:28.000 --> 00:33.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[00:33.000 --> 00:36.000]  Privacy. It's worth hanging on to.
[00:36.000 --> 00:43.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[00:43.000 --> 00:46.000]  Start over with StartPage.
[00:46.000 --> 00:52.000]  It's no secret many Americans spend more time tweeting, texting, and emailing than they do sleeping.
[00:52.000 --> 00:55.000]  But can too much time online make us plum crazy?
[00:55.000 --> 01:04.000]  Proof is piling up that the internet may be making us lonelier, more depressed, prone to obsessive compulsive disorders, and in extreme cases, even psychotic.
[01:04.000 --> 01:10.000]  Researchers are documenting actual changes in the brain caused by even moderate web exposure.
[01:10.000 --> 01:18.000]  They're finding that digitized minds are constantly scanning for a fix, just like drug addicts, with every ping delivering a squirt of dopamine,
[01:18.000 --> 01:21.000]  that many reward system for opening that message.
[01:21.000 --> 01:24.000]  Maybe it's time we stopped answering the call.
[01:24.000 --> 01:29.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:33.000 --> 01:38.000]  Attention foreign language students. Hit the books and get out those dictionaries.
[01:38.000 --> 01:41.000]  There's major good news about learning a second language.
[01:41.000 --> 01:47.000]  I'm Dr. Catherine Albrecht. Back to tell you about a new study on bilingualism after this.
[01:47.000 --> 01:53.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:53.000 --> 01:58.000]  Once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:58.000 --> 02:03.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[02:03.000 --> 02:13.000]  Privacy. It's worth hanging on to. This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[02:13.000 --> 02:16.000]  Start over with StartPage.
[02:16.000 --> 02:23.000]  Learning a foreign language brings many benefits, but a new study has found a major long-term health benefit to bilingualism.
[02:23.000 --> 02:26.000]  It may delay the onset of Alzheimer's.
[02:26.000 --> 02:30.000]  Canadian researchers reviewed hospital records of patients with dementia.
[02:30.000 --> 02:36.000]  They discovered that bilingual people were diagnosed three to four years later than those who only spoke one language,
[02:36.000 --> 02:39.000]  even though they have less education and job status.
[02:39.000 --> 02:49.000]  Though brains of bilingual people still develop Alzheimer's, the scientists said, speaking another language better prepares their brains to compensate for the onset of the disease
[02:49.000 --> 02:52.000]  due to the enhanced brain networks they've developed.
[02:52.000 --> 02:55.000]  Huh, maybe it's time to brush up on that French, Nespa.
[02:55.000 --> 03:10.000]  I'm Dr. Catherine Albright for StartPage.com, the world's most private search engine.
[03:25.000 --> 03:45.000]  Okay, what you're going to do when we come for you? This is Randy Kelton.
[03:45.000 --> 03:49.000]  I'm here by myself tonight.
[03:49.000 --> 03:53.000]  Eddie and Deborah won't be here tonight as usual.
[03:53.000 --> 04:05.000]  On Friday nights, this is Friday night, January the 25th, our four hour info marathon.
[04:05.000 --> 04:11.000]  And we're going to start out by talking about lobbying.
[04:11.000 --> 04:25.000]  I'm in the process. I just went to the ACLU last week to do a presentation on a white paper that have been preparing for the legislature.
[04:25.000 --> 04:38.000]  And we met with them and there was a lot of talk about bills and how to get bills passed and essentially about the lobbying effort.
[04:38.000 --> 04:52.000]  And then sitting there listening to them, it was clear that as ordinary individual citizens before this large, massive government,
[04:52.000 --> 04:59.000]  this is probably the single place where we can have the most influence.
[04:59.000 --> 05:13.000]  We have a lot of people complaining and griping and whining about how the government don't pay any attention to us and do whatever they want to and just roll that over us and pour us.
[05:13.000 --> 05:18.000]  But it's really not quite that way.
[05:18.000 --> 05:30.000]  If the government is not responding to us, we can't we blame our government because we sit back and don't force our government to listen to us.
[05:30.000 --> 05:40.000]  And the one place where you can get a hearing is with your legislators and especially now in a legislative session.
[05:40.000 --> 05:48.000]  And I wanted to spend a little time talking about first how a bill becomes a law.
[05:48.000 --> 05:56.000]  In order for a bill to become law, the first thing we have to do is get a member of the House or Senate to propose the bill.
[05:56.000 --> 06:07.000]  And in fact, if you want a bill to become law, you need to promote someone in the House and the Senate.
[06:07.000 --> 06:18.000]  They call it co-authoring because if you put a bill through the House and it passes the House and it goes to the Senate, the Senate is going to change it.
[06:18.000 --> 06:22.000]  They have a tendency always to change things.
[06:22.000 --> 06:25.000]  And they didn't have to come back to the House for a second approval.
[06:25.000 --> 06:41.000]  So what they tend to do is propose the bill in both houses. If you can get someone in the Senate and someone in the House to propose the same bill, then they tend to propose the same bill.
[06:41.000 --> 06:53.000]  And if one of the houses changes the bill, then they try to get the other House to change their bill so that the two bills match as they go through.
[06:53.000 --> 07:06.000]  That way, it streamlines the process, eliminates a lot of back and forth, and your odds of getting a bill through both houses increase considerably.
[07:06.000 --> 07:18.000]  Now, to start with, your odds of getting any one particular bill through the House or the Senate or both is very slim.
[07:18.000 --> 07:26.000]  And people at the meeting were complaining that it is so hard to get a bill passed.
[07:26.000 --> 07:31.000]  Well, yes, as a matter of fact, it is, and it should be.
[07:31.000 --> 07:42.000]  We elect all of these representatives and senators, and their only purpose is to make law. That's what the legislature does.
[07:42.000 --> 07:49.000]  So they get in office and all of them want to make law. That's their job.
[07:49.000 --> 08:01.000]  Problem is, we've got enough law. We don't need them making new laws. We need them doing some adjusting and tweaking on the ones we have.
[08:01.000 --> 08:09.000]  But when you have a new legislator getting into office, he needs to demonstrate that he's doing something.
[08:09.000 --> 08:12.000]  So he needs laws to pass.
[08:12.000 --> 08:21.000]  So you think that, you know, we think that it's a waste of time to go to our representatives, try to get them to pass law.
[08:21.000 --> 08:28.000]  Well, not necessarily. They need us. They need to know what laws we think need passed.
[08:28.000 --> 08:34.000]  They need ideas. They need white papers, white papers.
[08:34.000 --> 08:48.000]  The legislators tend not to have such large budgets, so large that they can fully investigate all of these issues that are brought to them.
[08:48.000 --> 08:51.000]  People come to them, wanting them to pass a law.
[08:51.000 --> 09:03.000]  Well, what the legislator expects from you is if you want him to pass a law, you need to bring him the law you need to pass.
[09:03.000 --> 09:11.000]  You need it constructed in a way that will be presentable and acceptable.
[09:11.000 --> 09:21.000]  And you need to have done all of the research surrounding the law to make sure it's not in conflict with other laws, that it's not in conflict with Constitution,
[09:21.000 --> 09:31.000]  and that it won't generate a highly unfortunate and unintended result.
[09:31.000 --> 09:35.000]  Your legislators just don't have time to do all this research.
[09:35.000 --> 09:51.000]  So if you want them to pass a law for you, you need to come to them with all the information they need in order to present the legislation and argue the legislation and be able to sell it to the other members.
[09:51.000 --> 09:55.000]  So that's generally done with a white paper.
[09:55.000 --> 10:03.000]  And we have been developing a white paper for some legislation we want to get through the house and send it.
[10:03.000 --> 10:12.000]  And I'll get to that a little later in the session if the calls don't pick up too much.
[10:12.000 --> 10:18.000]  Here lately, the call has been picking up pretty good, so I don't tend to get quite so far through things.
[10:18.000 --> 10:22.000]  And frankly, that's a good thing.
[10:22.000 --> 10:26.000]  But I'll go through this as far as I can.
[10:26.000 --> 10:30.000]  But to start with, we'll go in a little more.
[10:30.000 --> 10:33.000]  How does a bill get passed?
[10:33.000 --> 10:44.000]  Well, first you propose it to the legislator, and then the legislator will propose it to the one to the house and one to the senate, hopefully, or one or the other.
[10:44.000 --> 10:47.000]  We hope we get both.
[10:47.000 --> 11:02.000]  And then it'll go to a committee, it'll go to a subcommittee, and if you've ever been to Austin during the sessions, you'll find where the action is or at these committee meetings.
[11:02.000 --> 11:16.000]  And as a citizen, the single place in all of this structure where you can have the greatest effect in influence are at these meetings.
[11:16.000 --> 11:21.000]  The legislators are their politicians.
[11:21.000 --> 11:28.000]  They're elected in by us voters, so they want to respond to us voters.
[11:28.000 --> 11:35.000]  But if we don't talk to them, if we don't tell them what we want, they don't know how to respond to us.
[11:35.000 --> 11:46.000]  And you go to these subcommittee meetings, you'll find very few members of the public actually show up. You have special interests showing up on a regular basis.
[11:46.000 --> 11:50.000]  But seldom do you have members of the public.
[11:50.000 --> 12:04.000]  And when members of the public do come and show up, when they show up for things other than just a rat and a rave at them, although that can be funny in itself,
[12:04.000 --> 12:08.000]  it doesn't necessarily promote an agenda.
[12:08.000 --> 12:18.000]  If you are intelligent and articulate and have done your homework and come and present a cogent and convincing argument,
[12:18.000 --> 12:29.000]  you have a very small group of legislators there that have a very large influence on the particular bill in which you show interest.
[12:29.000 --> 12:37.000]  And you can have a very large impact in a state of some 14 million people.
[12:37.000 --> 12:47.000]  The legislators are passing laws that affect these 14 million people and four or five citizens actually show up to voice an opinion on these laws.
[12:47.000 --> 12:55.000]  Those four or five people who actually show up can have a very profound effect.
[12:55.000 --> 13:08.000]  If you had been to the last ones when they were debating an amendment to 39.03 Texas penal code,
[13:08.000 --> 13:15.000]  which would increase the level of the crime from a felony to a misdemeanor,
[13:15.000 --> 13:25.000]  if the public official who violated the law relating to his office and in the process denied a citizen's full for access to or enjoyment of right,
[13:25.000 --> 13:36.000]  which is a violation of 39.03, if as a result serious bodily injury was caused,
[13:36.000 --> 13:43.000]  then the violation went from a misdemeanor to a felony.
[13:43.000 --> 13:50.000]  And Eddie got before the committee and really worked him over.
[13:50.000 --> 13:57.000]  We got the law passed and I suspect Eddie's presentation to them had a lot to do with it.
[13:57.000 --> 14:03.000]  Because one thing really is good at reading them the right act and he certainly did that.
[14:03.000 --> 14:15.000]  And all of these legislators were sitting there listening to primary thing he read them about was that the lawyer who came up from Houston.
[14:15.000 --> 14:26.000]  And it was an incident in Houston where half a dozen policemen beat a 16 year old boy for a minute and 20 seconds after he stopped and laid down.
[14:26.000 --> 14:33.000]  They kicked, punched, stomped this child for a minute and 20 seconds.
[14:33.000 --> 14:39.000]  And if you don't think that sounds like a long time, you just have somebody beating on you for that amount of time.
[14:39.000 --> 14:42.000]  It turns out to be an awfully long time.
[14:42.000 --> 14:57.000]  The community was incensed and the prosecutors came before this committee to look them right in the eyes and lied like dogs.
[14:57.000 --> 15:05.000]  They told this committee that official oppression was the only thing they could charge these officers with.
[15:05.000 --> 15:11.000]  And that was absolutely not true.
[15:11.000 --> 15:19.000]  22.04 paragraph B2A, Texas Penal Code aggravated assault for public official.
[15:19.000 --> 15:35.000]  If a person commits simple assaults defined by 2202 and in the process displays a deadly weapon, that's a second degree felony.
[15:35.000 --> 15:43.000]  If in the process he causes, because he's grieves bodily injury, that's first degree felony.
[15:43.000 --> 15:53.000]  If a public official acting under color of his authority and color meaning pretense,
[15:53.000 --> 16:03.000]  exerts a purports to exert an authority he does not have and commits a simple assault as defined by 22.02,
[16:03.000 --> 16:10.000]  while displaying a deadly weapon, that's a first degree felony in the state of Texas.
[16:10.000 --> 16:13.000]  20 to life.
[16:13.000 --> 16:20.000]  The lawyers came before the subcommittee and lied to them.
[16:20.000 --> 16:23.000]  And you would have really enjoyed it.
[16:23.000 --> 16:28.000]  Eddie really reamed them good and it was glorious to hear.
[16:28.000 --> 16:34.000]  And that prosecutor looked like the guy in one of those commercials that said,
[16:34.000 --> 16:37.000]  would you rather be somewhere else?
[16:37.000 --> 16:40.000]  And he certainly would at that moment.
[16:40.000 --> 16:42.000]  Okay, we're about to go to break.
[16:42.000 --> 16:47.000]  This is Randy Kelkin, Deborah Stevens, Eddie Craig with Law Radio.
[16:47.000 --> 16:51.000]  Our call in number 512-646-1984.
[16:51.000 --> 16:54.000]  We have Paul from Wisconsin.
[16:54.000 --> 16:56.000]  We'll talk to him when we get back.
[16:56.000 --> 17:00.000]  We're going to be on topic and we'll be right back.
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[17:56.000 --> 17:58.000]  So what do you say, Elvis?
[17:58.000 --> 18:01.000]  I am. I am very much.
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[19:15.000 --> 19:27.000]  Okay, we are back.
[19:27.000 --> 19:31.000]  Randy Kelton, Deb Stephen, Zeddy Craig, Rule of Law Radio.
[19:31.000 --> 19:34.000]  And we're talking about lobbying.
[19:34.000 --> 19:41.000]  When the sessions, when the subcommittees start holding meetings,
[19:41.000 --> 19:50.000]  you should go to the House website, look up the proposed bills and the Senate website as well.
[19:50.000 --> 19:56.000]  If there are laws there that in which you have an interest,
[19:56.000 --> 20:04.000]  wherever you are in Texas, it's worth a trip to the state capitol to speak before our legislators.
[20:04.000 --> 20:08.000]  It's a great fun to do.
[20:08.000 --> 20:15.000]  You'll actually get to participate in the system that we've heard about all our lives.
[20:15.000 --> 20:19.000]  And you will be among a very few who actually do that.
[20:19.000 --> 20:29.000]  If you can't come to Texas to participate in these, you can write letters to the committees.
[20:29.000 --> 20:33.000]  And these committees are entered into the public record.
[20:33.000 --> 20:35.000]  You can actually become a part of history.
[20:35.000 --> 20:41.000]  The letters you send in will become a part of the permanent record.
[20:41.000 --> 20:44.000]  And you should absolutely write your legislators.
[20:44.000 --> 20:50.000]  And by write your legislators, I mean write, not type.
[20:50.000 --> 20:55.000]  Typewritten letters, they get all the time from everybody.
[20:55.000 --> 21:02.000]  From all sorts of lobbyists and special interest groups.
[21:02.000 --> 21:07.000]  What they seldom get are letters from their constituents.
[21:07.000 --> 21:14.000]  And the best way to let them know this is a letter from their constituent is to handwrite the letter.
[21:14.000 --> 21:20.000]  And if you handwrite the letter, it'll be clear to your elector, to your legislator,
[21:20.000 --> 21:25.000]  that this is an issue in which you take great interest.
[21:25.000 --> 21:34.000]  And the legislator will look at every person as between 15 and 25 votes.
[21:34.000 --> 21:46.000]  This is even more, a more powerful thing to do if you have a legislator that got into office by a slim margin.
[21:46.000 --> 21:53.000]  If you have one that's gotten by a slim margin, you might want to get a petition.
[21:53.000 --> 22:08.000]  If he looks at each vote, it's each signature as someone having an influence in his community that would affect up to 15 votes.
[22:08.000 --> 22:14.000]  It won't take too many of these before his margin begins to dwindle.
[22:14.000 --> 22:27.000]  We had a couple of races for city council in the North Dallas area where they actually came out to a tie and flipped the coin forward.
[22:27.000 --> 22:31.000]  One of them one stepped aside, the other flipped the coin forward.
[22:31.000 --> 22:34.000]  So when they start counting votes, it's really a big deal.
[22:34.000 --> 22:43.000]  And when you start writing letters, they count you as votes and not only your vote but your entire sphere of influence.
[22:43.000 --> 22:46.000]  So participate.
[22:46.000 --> 22:50.000]  It's a great thing.
[22:50.000 --> 22:52.000]  It's a thing you'll always remember and it's fun.
[22:52.000 --> 22:53.000]  It's interesting.
[22:53.000 --> 22:59.000]  You'll actually get to have an influence on the history of the state of Texas.
[22:59.000 --> 23:02.000]  We do have one caller.
[23:02.000 --> 23:07.000]  I have a white paper that I would like that I'm putting together.
[23:07.000 --> 23:10.000]  I'd like to read it, but it's about 11 pages right now.
[23:10.000 --> 23:14.000]  So I'll go to Marcus in Wisconsin.
[23:14.000 --> 23:22.000]  I suspect his question is going to be on a similar topic.
[23:22.000 --> 23:24.000]  Marcus, are you there?
[23:24.000 --> 23:27.000]  Yeah, I'm here.
[23:27.000 --> 23:29.000]  Okay.
[23:29.000 --> 23:32.000]  What was it you wanted to talk to us about?
[23:32.000 --> 23:39.000]  Well, bringing a criminal case, it says only the state may do that.
[23:39.000 --> 23:44.000]  I was wondering how you go doing that.
[23:44.000 --> 23:46.000]  So I mean, do you take it?
[23:46.000 --> 23:49.000]  Okay.
[23:49.000 --> 23:52.000]  We have, mostly I speak from Texas law.
[23:52.000 --> 24:08.000]  I'm not terribly familiar with Wisconsin law, but most of the states have adopted the federal government put together a standard
[24:08.000 --> 24:18.000]  criminal code, code of criminal procedure and asked all the states to adopt it so that we would have uniform laws around the country.
[24:18.000 --> 24:27.000]  And most states did adopt it with, I made their own adjustments, you know, but the adjustments were relatively minor.
[24:27.000 --> 24:33.000]  So for the most part, the codes are very similar around the country.
[24:33.000 --> 24:49.000]  And we have a case here in Texas, Kennedy v. State, where the case says that in order to prevent the obvious, I'm sorry, in order to avoid the obvious evils of the accumulation of power in any one office,
[24:49.000 --> 24:59.000]  for the purpose of filing a criminal complaint, a prosecuting attorney is not a credible person.
[24:59.000 --> 25:08.000]  And this went to the, to the position that the government could not be the accuser and the prosecutor.
[25:08.000 --> 25:12.000]  We fought a revolution over that.
[25:12.000 --> 25:22.000]  So it is intended that criminal complaints not be filed by the prosecutor or any other public official.
[25:22.000 --> 25:33.000]  There is no public official who has an official authority to file a criminal complaint.
[25:33.000 --> 25:51.000]  Criminal complaints are filed by living, breathing human beings, not person as the legal term is often defined, but living, breathing human beings in their private capacity as a living person.
[25:51.000 --> 25:58.000]  I didn't say citizen on purpose because you do not have to be a citizen to file a criminal complaint.
[25:58.000 --> 26:12.000]  As a matter of fact, if you have knowledge that a felony has been committed and you do not report that knowledge, that's a crime in every state.
[26:12.000 --> 26:24.000]  So if you can be prosecuted for not reporting crime, you certainly cannot be, suffer any retribution for reporting crime, at least under law.
[26:24.000 --> 26:31.000]  You can't, I've been there myself, but it was intended that private citizens file complaints.
[26:31.000 --> 26:41.000]  Now, police officers often file complaints, but they don't do that in their capacity as a police officer or a peace officer.
[26:41.000 --> 26:45.000]  We won't go into the difference between those two.
[26:45.000 --> 26:52.000]  They do it in their capacity as a private citizen, just like you.
[26:52.000 --> 27:06.000]  And never have I seen in any state, any statute, that directed a criminal complaint to a policing agency or prosecuting attorney.
[27:06.000 --> 27:14.000]  All criminal complaints are directed toward some magistrate.
[27:14.000 --> 27:30.000]  It was intended that anyone who had knowledge that a crime had been committed was to prepare a criminal affidavit stating that upon his knowledge, he had reason to believe and did believe.
[27:30.000 --> 27:33.000]  And it does not have to be personal knowledge.
[27:33.000 --> 27:46.000]  All it has to do be is reasonable belief that a certain person committed a certain act that amounted to a violation of a specific law.
[27:46.000 --> 27:58.000]  You just make out a document and since it's intended to be prepared and filed by private citizens, the form of the complaint is not critical.
[27:58.000 --> 28:12.000]  When the complaint is filed, it will be forwarded by the magistrate to a prosecuting attorney who is required to reduce the complaint to an information.
[28:12.000 --> 28:22.000]  So anytime you want to know what a complaint should look like, go down to court and look in a criminal file and pull the information prepared by the lawyer.
[28:22.000 --> 28:33.000]  The lawyer will have prepared the information to be in the form of a complaint that meets all the statutory requirements.
[28:33.000 --> 28:47.000]  He must do that because it's not expected that the citizen who filed it has the legal knowledge to prepare it in accordance with all the statutory requirements.
[28:47.000 --> 28:55.000]  So for any information, there are all these requirements. This is what exactly what a complaint should look like.
[28:55.000 --> 29:02.000]  So go down, get an information, look at it. That's how a complaint should be put together in your state.
[29:02.000 --> 29:12.000]  The only difference between a complaint and information is to hide it on the top of it, generally the fact that the prosecutor produced the information.
[29:12.000 --> 29:21.000]  And you take that complaint and you can go complain to the police department if you want to.
[29:21.000 --> 29:34.000]  And the police department goes and looks into it and if one of the policemen who is examining into it finds evidence which gives him reason to believe that a crime has been committed and a certain person has committed that crime,
[29:34.000 --> 29:46.000]  and that policeman in his capacity as a private citizen will prepare a criminal complaint and present it to some magistrates.
[29:46.000 --> 29:55.000]  All complaints are directed to some magistrate, not to police departments, not to prosecutors, but to magistrates.
[29:55.000 --> 29:57.000]  This is Randy Kelton, never seen it.
[29:57.000 --> 30:06.000]  Greg, we'll go radio.
[30:27.000 --> 30:30.000]  Go to RememberBuilding7.org today.
[30:57.000 --> 31:01.000]  Let's see what our powders, sieves and oil can do for you.
[31:01.000 --> 31:10.000]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, and neither is finding like-minded people to share it with.
[31:10.000 --> 31:13.000]  Oh, well I guess you haven't heard of Brave New Books then.
[31:13.000 --> 31:15.000]  Brave New Books?
[31:15.000 --> 31:22.000]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[31:22.000 --> 31:25.000]  They even stock inner food, Burkey products, and Calvin Soaps.
[31:25.000 --> 31:27.000]  There's no way a place like that exists.
[31:27.000 --> 31:33.000]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[31:33.000 --> 31:36.000]  Oh, by UT? There's never anywhere to park down there.
[31:36.000 --> 31:44.000]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[31:44.000 --> 31:48.000]  It does exist, but when are they open?
[31:48.000 --> 31:57.000]  Monday 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,
[31:57.000 --> 32:00.000]  or check out their events page at bravenewbookstore.com.
[32:04.000 --> 32:15.000]  Yeah, I got a warrant, and I'm gonna send them to the head of government to prosecute them.
[32:15.000 --> 32:18.000]  Okay.
[32:18.000 --> 32:21.000]  Oh, sir.
[32:21.000 --> 32:26.000]  The customs are rushed from the bushel.
[32:26.000 --> 32:31.000]  The customs are rushed from the teen.
[32:31.000 --> 32:34.000]  Well, I need a prosecutor to come and help me.
[32:34.000 --> 32:36.000]  Prosecute them wicked leaders, you see.
[32:36.000 --> 32:38.000]  They're my murderers. I'm a liar.
[32:38.000 --> 32:39.000]  Them tell me.
[32:39.000 --> 32:40.000]  Them are liars.
[32:40.000 --> 32:46.000]  Okay, we are back. Randy Kelton, Debbie Stevenson, Craig, Rood of Law Radio,
[32:46.000 --> 32:50.000]  and we're talking to Paul in Wisconsin.
[32:50.000 --> 32:57.000]  Paul, did that pretty well answer the question that you had?
[32:57.000 --> 32:59.000]  Yeah, I did, Randy.
[32:59.000 --> 33:03.000]  So basically, I just make the complaint out, take it to a magistrate.
[33:03.000 --> 33:05.000]  Take it to a magistrate?
[33:05.000 --> 33:12.000]  There are some ways of doing that. I would suggest that you prepare the complaint.
[33:12.000 --> 33:20.000]  And all it has to do is say, you know, I am so-and-so, and I have reason to believe and do believe,
[33:20.000 --> 33:25.000]  based on the following, and you explain the facts.
[33:25.000 --> 33:28.000]  Just state the facts.
[33:28.000 --> 33:37.000]  Once you first state the facts, clearly and succinctly, without exaggeration or equivocation.
[33:37.000 --> 33:40.000]  Tell what happened. Tell how it happened.
[33:40.000 --> 33:44.000]  Tell the truth. Don't fit.
[33:44.000 --> 33:51.000]  Once you have stated the facts, you can come to any conclusion based on the facts you want to,
[33:51.000 --> 33:55.000]  and that doesn't have anything to do with perjury.
[33:55.000 --> 33:59.000]  You may come to a wrong conclusion, but the conclusions are not facts,
[33:59.000 --> 34:05.000]  so they're not involved, and you could not be charged with perjury for coming to the wrong conclusion,
[34:05.000 --> 34:08.000]  or to a conclusion that somebody would disagree with,
[34:08.000 --> 34:14.000]  and if you're filing a complaint against a public official, they will always disagree with you.
[34:14.000 --> 34:19.000]  Though it wasn't a crime for him to shoot all those little babies,
[34:19.000 --> 34:24.000]  because he's a public official, they will always agree with you no matter what.
[34:24.000 --> 34:31.000]  So state the facts clearly and succinctly,
[34:31.000 --> 34:41.000]  and then allege that, based on the above, you have reason to believe that this person committed a violation of this statute,
[34:41.000 --> 34:45.000]  and name the statute before you write the complaint.
[34:45.000 --> 34:48.000]  Read the statute.
[34:48.000 --> 34:55.000]  The statute will tell you what the elements of the complaint are, or elements of the offense are.
[34:55.000 --> 35:01.000]  Make sure that all of the elements of the offense are alleged,
[35:01.000 --> 35:07.000]  and then put in an envelope, send it certified mail to some magistrate,
[35:07.000 --> 35:15.000]  and I suggest that you put in a cover letter with a stamp self-addressed envelope
[35:15.000 --> 35:21.000]  and ask the judge to either sign or initial the cover letter,
[35:21.000 --> 35:30.000]  and return it to him in the included envelope so that you will know that he actually received the document.
[35:30.000 --> 35:35.000]  And always send it certified.
[35:35.000 --> 35:41.000]  Return receipt requested so they can't say they didn't get it.
[35:41.000 --> 35:54.000]  And after a week or two, then you go to the clerk and ask to see the case file on the person named in the complaint.
[35:54.000 --> 36:05.000]  If there is no case file, then you prepare another complaint against the magistrate for Ms. Feeson's in office,
[36:05.000 --> 36:10.000]  and you send that to the district attorney.
[36:10.000 --> 36:16.000]  And the district local prosecutor will call the magistrate and say,
[36:16.000 --> 36:22.000]  why have I got somebody trying to get me to arrest you?
[36:22.000 --> 36:30.000]  And that will get their attention. If you take it by hand to the magistrate,
[36:30.000 --> 36:36.000]  you can expect this magistrate to do a little song and dance and salsa down your pants
[36:36.000 --> 36:41.000]  because he's going to want to shield his fellow public official from prosecution
[36:41.000 --> 36:46.000]  and he is absolutely not going to want to do his job.
[36:46.000 --> 36:56.000]  And what they tell you mostly is, oh, well, you need to file this with some police department.
[36:56.000 --> 37:04.000]  So if he tells you that and he doesn't take the complaint, I suggest that you do not try to be his lawyer.
[37:04.000 --> 37:10.000]  Do not try to tell the judge what the law is.
[37:10.000 --> 37:14.000]  They tend not to be receptive.
[37:14.000 --> 37:21.000]  And besides, Bushwax is a whole lot more fun.
[37:21.000 --> 37:26.000]  When he says, oh, you should file this with a policing agency.
[37:26.000 --> 37:33.000]  So you say, oh, so you're saying that so I can't file it here, I have to file it with a police agency.
[37:33.000 --> 37:37.000]  And he's going to say, yes, well, thank you very much, your honor.
[37:37.000 --> 37:43.000]  And then you go to the policing agency and file a criminal charge against the magistrate with the policing agency
[37:43.000 --> 37:47.000]  because the magistrate refused to take your complaint.
[37:47.000 --> 37:50.000]  It's a lot more fun that way.
[37:50.000 --> 38:00.000]  And then also send one to a prosecuting attorney and ask him to petition the judge for indictment
[38:00.000 --> 38:04.000]  from his reasons in office and denying you the full free access to enjoyment.
[38:04.000 --> 38:06.000]  Right.
[38:06.000 --> 38:08.000]  And see how they like that one.
[38:08.000 --> 38:10.000]  They don't want to do jobs.
[38:10.000 --> 38:13.000]  Then we see if we can't help them out.
[38:13.000 --> 38:15.000]  Does that make sense?
[38:15.000 --> 38:17.000]  No, it makes total sense.
[38:17.000 --> 38:19.000]  I mean, that's what got them in this problem in the first place.
[38:19.000 --> 38:22.000]  They didn't want to do their job.
[38:22.000 --> 38:26.000]  You know, I mean, they're corrupt.
[38:26.000 --> 38:30.000]  Have I covered everything?
[38:30.000 --> 38:32.000]  Yeah.
[38:32.000 --> 38:34.000]  Yeah, I believe you have.
[38:34.000 --> 38:38.000]  I understand you're going to do this over a judge.
[38:38.000 --> 38:40.000]  Pardon me?
[38:40.000 --> 38:44.000]  You're going to, I understand you're filing against a judge, right?
[38:44.000 --> 38:47.000]  Yeah, for right now, a judge, right.
[38:47.000 --> 38:56.000]  This is great. This is a judge that he came to court and his lawyer couldn't show up and the judge had the hearing anyway over his objection.
[38:56.000 --> 38:57.000]  Right.
[38:57.000 --> 39:10.000]  And normally what a lawyer will do is he will file a motion to quash the hearing, quash whatever decision the judge made and motion for re-hearing.
[39:10.000 --> 39:14.000]  I'm beginning to change my direction.
[39:14.000 --> 39:29.000]  I'm looking more at motion to disqualify for legal incompetence and criminal and appeal his decision to a grand jury and see what they think of that nonsense.
[39:29.000 --> 39:38.000]  Because every state has a, well, every state except two, California, I couldn't find an official misconduct statute.
[39:38.000 --> 39:49.000]  I found plenty of news reports about police officers and others being charged with official misconduct but never could find the statute.
[39:49.000 --> 39:52.000]  And I couldn't find one in New Mexico.
[39:52.000 --> 39:55.000]  But everywhere else I found one.
[39:55.000 --> 40:02.000]  And most of them reflect 18 U.S. Court 242.
[40:02.000 --> 40:08.000]  So it's not enough that a judge renders a bad ruling, you know, you can't sue him for it.
[40:08.000 --> 40:14.000]  They have created their own immunity from being sued.
[40:14.000 --> 40:17.000]  So don't do any good.
[40:17.000 --> 40:18.000]  They don't have any remedy there.
[40:18.000 --> 40:25.000]  The only remedy we have left is see if we can't get that chump indicted.
[40:25.000 --> 40:27.000]  So I wish you good luck, Marcus.
[40:27.000 --> 40:29.000]  No, Marcus, Paul.
[40:29.000 --> 40:35.000]  Paul, the complaint now adds your exhibits to it.
[40:35.000 --> 40:38.000]  Any proof that you can, you know, that shows that.
[40:38.000 --> 40:39.000]  Absolutely, yes.
[40:39.000 --> 40:42.000]  If you have exhibits, absolutely.
[40:42.000 --> 40:45.000]  And in this case, a transcript would be...
[40:45.000 --> 40:47.000]  Yeah, right.
[40:47.000 --> 40:51.000]  I got a transcript of the hearing where he even admits all this.
[40:51.000 --> 40:53.000]  Oh, that's dead banked.
[40:53.000 --> 40:54.000]  Oh, yeah, that's what I'm saying.
[40:54.000 --> 40:59.000]  I mean, this guy, I don't want to be just stupid or just cookie cutter justice.
[40:59.000 --> 41:01.000]  That's how they do it every day.
[41:01.000 --> 41:07.000]  Yeah, they do whatever they want to because lawyers won't buck up against them
[41:07.000 --> 41:11.000]  because in the lawyer's career, rude against the lawyer's next client,
[41:11.000 --> 41:14.000]  they got a lot of ways to hammer lawyers.
[41:14.000 --> 41:16.000]  This is the reason I hate process.
[41:16.000 --> 41:18.000]  Can't do anything to process.
[41:18.000 --> 41:21.000]  They're going to do worse to you than they can anyway.
[41:21.000 --> 41:24.000]  Well, I brought this stuff to the attorney's attention and the attorney was just like,
[41:24.000 --> 41:25.000]  oh, I'm not doing that.
[41:25.000 --> 41:26.000]  I'm not doing that.
[41:26.000 --> 41:29.000]  I mean, and then the complaint...
[41:29.000 --> 41:32.000]  What do you expect from your attorney?
[41:32.000 --> 41:37.000]  You want him to end his professional career for you?
[41:37.000 --> 41:39.000]  Well, I put it this way.
[41:39.000 --> 41:40.000]  He did it to himself.
[41:40.000 --> 41:46.000]  I will just, you know, give the ball back to him and let him destroy himself, you know?
[41:46.000 --> 41:51.000]  Yeah, the lawyer doesn't want to do his job and ruin his career,
[41:51.000 --> 41:56.000]  so you shouldn't ask the lawyer to ruin his career.
[41:56.000 --> 41:58.000]  You should ruin it for him.
[41:58.000 --> 42:00.000]  Right, exactly.
[42:00.000 --> 42:03.000]  With a well-placed bar grievance or two.
[42:03.000 --> 42:06.000]  Well, yeah, right.
[42:06.000 --> 42:13.000]  The bar grievances against the lawyer will give the lawyer plausible deniability.
[42:13.000 --> 42:18.000]  Now he can go to the judge and say, sorry, I have to do this to you,
[42:18.000 --> 42:23.000]  but if I don't, this guy's going to bar grieve me out of business.
[42:23.000 --> 42:25.000]  Yeah, right.
[42:25.000 --> 42:32.000]  So, in that way, you give your lawyer the opportunity to do what he probably would like to do to start with.
[42:32.000 --> 42:34.000]  Yep.
[42:34.000 --> 42:44.000]  Now, in a criminal complaint, if the assistant D signs it and a deputy signs it and the facts they have in the case are not true
[42:44.000 --> 42:52.000]  and it even says so in their stupid police report, would you file a use of them by aggravated perjury?
[42:52.000 --> 42:57.000]  Would you file that against the assistant district attorney because he also signed the thing?
[42:57.000 --> 42:59.000]  Absolutely.
[42:59.000 --> 43:05.000]  Okay, that's okay. No, you wouldn't file aggravated perjury against the assistant district attorney.
[43:05.000 --> 43:12.000]  You would file subrogation of perjury, subordination of perjury.
[43:12.000 --> 43:18.000]  That's the term for somebody who helps someone else commit perjury.
[43:18.000 --> 43:20.000]  Okay.
[43:20.000 --> 43:29.000]  In this state, they have something called fault swearing, and they also have a misconduct in public office,
[43:29.000 --> 43:32.000]  that there are statutes for that here.
[43:32.000 --> 43:38.000]  So, you can swear as long as it's not false in Wisconsin?
[43:38.000 --> 43:40.000]  Well, you both know you believe it.
[43:40.000 --> 43:48.000]  Okay. Thank you, Paul. We've got three more callers. We're going to another break. Time is really moving quickly.
[43:48.000 --> 43:52.000]  Thank you for calling, Paul. This is Randy Kelton, David Stevens, Eddie Craig,
[43:52.000 --> 43:57.000]  Boodle Law Radio, our call in number 512-646-1984.
[43:57.000 --> 44:20.000]  We'll be right back.
[44:27.000 --> 44:34.000]  We'll be right back.
[44:57.000 --> 45:00.000]  Let's go to okcfoundandtruth.com.
[45:27.000 --> 45:34.000]  We'll be right back.
[45:57.000 --> 46:02.000]  Toe-free 866-LAW-E-Z.
[46:27.000 --> 46:35.000]  Okay. We are back. Randy Kelton, David Stevens, Eddie Craig, Boodle Law Radio,
[46:35.000 --> 46:42.000]  and we're going to Mike in Texas. Mike, what do you have for us tonight?
[46:42.000 --> 46:47.000]  Well, I have a friend. There was a three-acre property.
[46:47.000 --> 46:51.000]  There was a house and a garage on two acres of it,
[46:51.000 --> 46:57.000]  and over on the other side of the creek was a trailer and a garage.
[46:57.000 --> 47:06.000]  And so the father just died. He was 88, and the mother got rid of the...
[47:06.000 --> 47:09.000]  was trying to sell the property, but couldn't do so.
[47:09.000 --> 47:15.000]  But she had intentionally split the trailer off to give to her son
[47:15.000 --> 47:19.000]  for tax consequences, split the property and everything.
[47:19.000 --> 47:25.000]  And after he died, she was pretty well...
[47:25.000 --> 47:28.000]  She was still coherent, I guess you could say.
[47:28.000 --> 47:34.000]  I didn't talk with her that much, but she made a very bad financial arrangement
[47:34.000 --> 47:40.000]  with the bank that got them taking both parts of the property.
[47:40.000 --> 47:46.000]  It wasn't actually split like she had intended, and I think that they took advantage of her.
[47:46.000 --> 47:51.000]  And since some of this friend that I know doesn't listen to you guys
[47:51.000 --> 47:56.000]  or think along these lines, I told them I'd ask you guys for it.
[47:56.000 --> 48:02.000]  I don't know all the particulars, but would you say that a lady that's 82, 83 years old
[48:02.000 --> 48:08.000]  that was brought into her room with some bankers that could have possibly...
[48:08.000 --> 48:13.000]  Well, they could have, but we don't know.
[48:13.000 --> 48:19.000]  My mother's 90 now, when she was 82, she was sharp as a tack.
[48:19.000 --> 48:24.000]  I would have to look at the nature of the contract.
[48:24.000 --> 48:29.000]  The contract would have to show to be unconscionable,
[48:29.000 --> 48:36.000]  where the contract gave advantage to one side and not the other
[48:36.000 --> 48:39.000]  in order for you to raise an issue about it.
[48:39.000 --> 48:50.000]  It sounds like it does, or if the contract failed to be what she intended that it be.
[48:50.000 --> 48:54.000]  If they told her the contract would be like she wanted it,
[48:54.000 --> 48:58.000]  and it turned out it wasn't, that's fraud by non-disclosure.
[48:58.000 --> 49:00.000]  Okay.
[49:00.000 --> 49:07.000]  But we'd have to see what it was she thought she received as opposed to what she actually received.
[49:07.000 --> 49:16.000]  So is there any weight to the fact that they split the two properties so the tax would be different on the one to the other?
[49:16.000 --> 49:19.000]  No, too vague, too vague. We don't know what they actually did.
[49:19.000 --> 49:28.000]  Partitioning is a kind of a special issue in British state law.
[49:28.000 --> 49:35.000]  So I have no idea how they actually did it, and we can't just do that just by guessing.
[49:35.000 --> 49:39.000]  We don't know if she actually wrote it deeded part of it out,
[49:39.000 --> 49:44.000]  and if there was an existing claim against the property,
[49:44.000 --> 49:52.000]  she could not necessarily deed a portion of it out without the claim against the entire property,
[49:52.000 --> 49:56.000]  property tearing over to the portion that was petitioned.
[49:56.000 --> 49:58.000]  I see.
[49:58.000 --> 50:07.000]  Yeah, I think that they're going to be addicted out of the house, and he thought he was going to stay as rest of his days. He's 60.
[50:07.000 --> 50:15.000]  So it's a pretty bad situation because he was just caught on the wears, and I just don't know any real remedy,
[50:15.000 --> 50:21.000]  and she's being less than helpful because she doesn't want to admit that she might have been bamboozled,
[50:21.000 --> 50:25.000]  so she's not coming up with any information immediately.
[50:25.000 --> 50:37.000]  There's probably not much he can do unless he gets her declared incompetent and himself appointed as the guardian.
[50:37.000 --> 50:42.000]  I think that that's what she's most afraid of, that she won't have control over finances,
[50:42.000 --> 50:50.000]  or she'll be put in a position where she won't have in the future if she goes along and says that she agrees that she's possibly incompetent.
[50:50.000 --> 50:56.000]  But one more question, I mean, you know, they're sitting there making, she doesn't have financial decision capability,
[50:56.000 --> 50:59.000]  and the bank does it all day long as a matter of business.
[50:59.000 --> 51:02.000]  I mean, there's no way to say that they actually just...
[51:02.000 --> 51:15.000]  Yeah, but you know, you can't just say that somebody doesn't have the ability to make their own decision just because they're in their 80s.
[51:15.000 --> 51:21.000]  No, I'm talking about she is not... You're scaring me, Bubba, I'm in the 60s.
[51:21.000 --> 51:31.000]  No, I'm talking about somebody that hasn't made a lifelong work of making financial decisions and mortgages and all the rest of that stuff,
[51:31.000 --> 51:37.000]  who was just overwhelmed by the process, but maybe very sharp and fun to talk to,
[51:37.000 --> 51:43.000]  but was not, you know, competent to make legal and financial decisions based on...
[51:43.000 --> 51:47.000]  Yeah, but you would have to make that determination.
[51:47.000 --> 51:49.000]  Right.
[51:49.000 --> 51:54.000]  You can't just assert that you'd have to have someone make the determination.
[51:54.000 --> 52:03.000]  That's shy of her admitting or anyone declaring she's incompetent, so there'd be a different angle than, you know, giving that up right up.
[52:03.000 --> 52:10.000]  That's what it would take, and cognitive dissonance is a problem.
[52:10.000 --> 52:19.000]  You're asking her to admit that she screwed up, and people don't like to do that, especially if something major.
[52:19.000 --> 52:26.000]  You might have to be able to go and show her where they lied to her.
[52:26.000 --> 52:38.000]  They misrepresented the truth to her, and that would give her a way to accept that there was a problem without her having to take responsibility for the problem.
[52:38.000 --> 52:41.000]  That's exactly what I'm looking for.
[52:41.000 --> 52:46.000]  But, you know, I don't have that much clout trying to get them together to talk.
[52:46.000 --> 52:58.000]  That is a problem when you have people that aren't working to handle their own problems, and you want to help them,
[52:58.000 --> 53:08.000]  but you can't always help other people. They have to be able to give them what they want and what they need,
[53:08.000 --> 53:14.000]  and it may not always be what you think they need.
[53:14.000 --> 53:16.000]  I agree.
[53:16.000 --> 53:28.000]  I just thought I'd try to offer Mike two cents for the helpfulness of it, and, you know, let them go the way they want. If they take it, then fine. I might add more, you know, knowledge to them,
[53:28.000 --> 53:36.000]  but I just thought I'd just try to get them all rolling to see if they had anything, and I knew you were the guy to talk to.
[53:36.000 --> 53:46.000]  I don't know what to tell you. You'd have to get more information. It sounds like she's not willing to take on the issue.
[53:46.000 --> 53:49.000]  Is the property in foreclosure or anything?
[53:49.000 --> 53:52.000]  I think it is now at this point.
[53:52.000 --> 54:00.000]  So I thought a suit heard you guys speak before a suit stops everything, and I don't mean it sometimes.
[54:00.000 --> 54:15.000]  If you can give her to fight the foreclosure, then you can include these other issues in the foreclosure action. It might be easy for her to do it that way.
[54:15.000 --> 54:26.000]  Okay. All right. Well, I'll make a middle note of that and chat with them and see if they want to go forward with it. But as always, I want to thank you guys for the work you do.
[54:26.000 --> 54:35.000]  I've gained a lot of knowledge, and I'm sure a lot of other people out there have just by listening to you guys lay it down every night. So thanks for being there.
[54:35.000 --> 54:37.000]  Wonderful. Thank you.
[54:37.000 --> 54:38.000]  Yes, sir.
[54:38.000 --> 54:44.000]  Okay. Now we're going to go to Dave in Ohio.
[54:44.000 --> 54:52.000]  Forget my page to refresh. Okay, got you. There you go, Dave.
[54:52.000 --> 55:09.000]  Yeah, Randy, I don't know if you remember. I thought the last year I had problems with a new boss, not checking my medical files and not honoring our modification that I had in place six, seven years.
[55:09.000 --> 55:19.000]  Unfortunately, I've slept since then. Well, when you're old, you sleep and therefore you forget.
[55:19.000 --> 55:42.000]  Yeah. Well, I ended up filing on March 17. I tried to talk to him and get it calmed down in office, let his boss know what he did and the violations first and see if they'd correct it behind closed doors, which didn't happen, which started a bunch of harassment.
[55:42.000 --> 56:00.000]  On February 17, I sold half of my business and right as my partners walked out, my boss comes up and he's trying to terminate me on grounds that says he's seen me waiting on two customers running a register.
[56:00.000 --> 56:21.000]  I don't know how to run, which this might be nevertheless. I can't find a law that says when a administrator is dealing with regular people, they must use the most common form of definition in a blind rule.
[56:21.000 --> 56:38.000]  Now, he changed my job position by using the number eight term of position instead of going with the doctor's warnings that it'd be detrimental and use in one of the most common terms.
[56:38.000 --> 56:42.000]  I have no idea what you're talking about.
[56:42.000 --> 57:02.000]  Okay. Administrative rules, I've heard you say many times that when professionals use words, that those words must be the most common definition in language when talking to late people.
[57:02.000 --> 57:16.000]  Yes, unless those terms are specifically defined in the statute or in the administrative code or whatever code they're working under.
[57:16.000 --> 57:38.000]  Well, right now we're in EEOC, which is administrative, but I've been looking for two months and I just can't find it in administrative law. But I did get diagnosed with PTSD, which makes it real hard to stick to logical straightforward concentration.
[57:38.000 --> 57:50.000]  But that was after eight months of harassment after I filed. They fired my wife three days after they got the filing and never had a ride up. All kinds of stuff for India is just terrible.
[57:50.000 --> 57:54.000]  Okay. You're in Ohio?
[57:54.000 --> 57:55.000]  Dayton, Ohio.
[57:55.000 --> 58:00.000]  Okay. Okay. Do you have a right to work in Ohio?
[58:00.000 --> 58:04.000]  No, they're trying to pass.
[58:04.000 --> 58:13.000]  Oh, okay. So you'd have to, there are things you can do to fight it, but it's difficult.
[58:13.000 --> 58:27.000]  You gain a property right. Most states will honor a property right that you have in a position that you've held for a long time because you get so much invested in it.
[58:27.000 --> 58:42.000]  But it's going to be clearly dependent upon the state laws. Hang on. This is Randy Kelton, Deborah Stevens, Eddie Craig, rule of all radio. Our call in number 512-646-1984. We'll be right back.
[58:42.000 --> 58:58.000]  Thank you.
[59:13.000 --> 59:27.000]  The free books are a three volume set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.000 --> 59:50.000]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[59:58.000 --> 01:00:16.000]  Blame it on bottled water or changing tastes, but in the U.S. sales of milk have slumped to their lowest level in decades. Like Dr. Catherine Albrecht, in a moment I'll talk about why Americans are drinking far less milk.
[01:00:16.000 --> 01:00:27.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.000 --> 01:00:35.000]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[01:00:35.000 --> 01:00:46.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:00:46.000 --> 01:00:56.000]  Chocolate chip cookies and bowls of cereal must be feeling lonely because milk consumption in America is slumped to an all time low, with more than half of adults no longer drinking it at all.
[01:00:56.000 --> 01:01:06.000]  Last year, total milk beverage sales were about 6 billion gallons, the lowest since 1984, far behind soda, bottled water, and beer. So what's going on?
[01:01:06.000 --> 01:01:15.000]  Consumer tastes have changed. Energy drinks and bottled teas have arrived, and the public is afraid of the antibiotics and synthetic hormones used on cows.
[01:01:15.000 --> 01:01:23.000]  But don't worry, milk lovers, there is some good news. Organic milk sales are up 20%, even while regular milk sales fell.
[01:01:23.000 --> 01:01:29.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:01:34.000 --> 01:01:41.000]  PowerPoint is crept into our lives and reached the level of near obsession in corporate America. Are we going overboard with it?
[01:01:41.000 --> 01:01:47.000]  I'm Dr. Catherine Albrecht, back with a commentary on how PowerPoint erodes critical thinking. Next.
[01:01:47.000 --> 01:01:58.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:58.000 --> 01:02:06.000]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[01:02:06.000 --> 01:02:17.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:02:17.000 --> 01:02:26.000]  We've all experienced it. Death by PowerPoint. Microsoft's presentation program has turned countless meetings into mind-numbing boredom.
[01:02:26.000 --> 01:02:37.000]  Got a product idea? Do a PowerPoint. Trouble in the battlefield? PowerPoint again. UG. Unless it's creatively spiffed up with lots of pictures, PowerPoint can be the death of a meeting.
[01:02:37.000 --> 01:02:47.000]  It relieves the lazy speaker from having to actually write a thoughtful speech or convey a persuasive argument. Too often, instead of analysis, we get mind-numbing bullet points.
[01:02:47.000 --> 01:02:55.000]  The key is never to put your speech up on the screen. Use lots of pictures and never, ever, never read from a slide.
[01:02:55.000 --> 01:03:00.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:03:25.000 --> 01:03:54.000]  Okay, we are back. Randy Kelton, Deborah Stevens, Eddie Craig, Ruvila Radio.
[01:03:54.000 --> 01:04:11.000]  And we're talking to Dave in Ohio. And Dave, I'm afraid that your issue is too specific to Ohio law. You really need a EEOC attorney in Ohio.
[01:04:11.000 --> 01:04:25.000]  This is pretty specific. The questions that you're asking are very focused. And I think we need to know how to answer that in Texas law.
[01:04:25.000 --> 01:04:40.000]  Okay, I thought it was federal. And my attorney's telling me that they have a year. They set a court date for June 21st. And as soon as they found out I had an attorney, they canceled it. We can't get them back into the EEOC for mediation.
[01:04:40.000 --> 01:04:56.000]  So you wouldn't know if that's correct. That would be in Ohio law too. Wait, say that again? The EEOC mediation has to run a year and you can't file civil until it's over.
[01:04:56.000 --> 01:05:11.000]  No, I don't know about that. That sounds reasonable. If you were required to participate in mediation, you would almost certainly be restricted from civil litigation in the interim.
[01:05:11.000 --> 01:05:17.000]  I mean, that would only make sense. Otherwise, the mediation would be essentially worthless.
[01:05:17.000 --> 01:05:31.000]  Okay, well, they won't show up. I got everything documented. My attorney said it's a good case, but an oddball case. But I am oddball and I've had five attorneys.
[01:05:31.000 --> 01:05:51.000]  One thing about these cases is they always take a long time and they count on you running out of steam before you get to the end. So there's some things you can do to kind of keep your spirits up.
[01:05:51.000 --> 01:06:09.000]  A well-placed bar grievance every once in a while just does wonders for the old attitude. What it does is takes their good feelings and transfers them to you so they feel like crap and you feel great.
[01:06:09.000 --> 01:06:15.000]  Well, I really don't want to brief my attorney because I believe I got a real down his work.
[01:06:15.000 --> 01:06:29.000]  No, do the other ones. And she asked me not to burden a bar grievance against the school attorney. Should I turn that request?
[01:06:29.000 --> 01:06:52.000]  I wouldn't. Well, I don't know. You have to weigh that. If you have mentioned bar grievances to him and he has asked you not to grieve the other attorney, there's a very good chance that he's using that as leverage.
[01:06:52.000 --> 01:07:03.000]  He's probably told her that my client wants to barg review and I've talked him out of it. So good chance he's using that as leverage.
[01:07:03.000 --> 01:07:19.000]  So if your lawyer is actually doing his job, I would... You can rail and write us indignation and you can want to grieve them and get your attorney to talk you out of it.
[01:07:19.000 --> 01:07:28.000]  Then he gets to use that to squeeze them to get what he wants from them. So that's probably a good negotiating strategy.
[01:07:28.000 --> 01:07:49.000]  Well, I did and I sent it to her in email so she could have sent it to the other attorney very well. And you know, Jason Rink, I'm kind of like a pet rock patriot in Ohio. Big on action but low on ability. So I guess it all works.
[01:07:49.000 --> 01:08:01.000]  You've got to wait till March 18th to do a court filing, I guess. Okay, well... Appreciate it, Randy. Thank you for calling in. I don't think we can do much more for you.
[01:08:01.000 --> 01:08:12.000]  And I do need to move along because our phone board is filled up tonight. Well, good, Randy. You guys do a wonderful service. Thanks a lot.
[01:08:12.000 --> 01:08:20.000]  Thank you, Dave. Okay, now we're going to go to Walt in New York.
[01:08:20.000 --> 01:08:21.000]  Yes, hi, Randy.
[01:08:21.000 --> 01:08:22.000]  Hello, Walt.
[01:08:22.000 --> 01:08:33.000]  Hey, Randy. I just have a few questions for you. I thought I heard one time on your show that if you wanted to file... You were talking about complaints tonight.
[01:08:33.000 --> 01:08:46.000]  I thought I heard any one night say, I don't know if it was you, that you could hand a sealed envelope to a police officer at your home with a complaint. And he's got to take it. Is that right? Did you say that? Or did someone say that?
[01:08:46.000 --> 01:08:58.000]  No. What was it me? I don't know that a police officer has any special duty to take a complaint.
[01:08:58.000 --> 01:09:03.000]  What happened if he handed it to him and he just dropped it on the floor? So I'm not taking it.
[01:09:03.000 --> 01:09:31.000]  You could charge him with misbeisance in office and shielding from prosecution. But I don't know of a specific duty replaced on a police officer to take a criminal complaint. The duty is placed on the magistrate. The magistrate is a lot more fun to do it to anyway.
[01:09:31.000 --> 01:09:37.000]  That's what I meant though. Say it was addressed to the magistrate when you handed it to the officer.
[01:09:37.000 --> 01:09:46.000]  Then do you need to give it to the magistrate? Can you give it to the officer? As far as I know, he has no specific duty to do anything with that.
[01:09:46.000 --> 01:10:08.000]  Alright. Here's one specific thing I want to ask you. I got a case that just got docketed in the federal district court in my area here. And they sent me a notice with the docket and everything, Randy, and it said that I have a choice. I could have this matter before a magistrate or the federal district judge. What would be the benefits either way? Could you tell me?
[01:10:08.000 --> 01:10:13.000]  I always object to the magistrate.
[01:10:13.000 --> 01:10:16.000]  You'd rather go to the federal district judge?
[01:10:16.000 --> 01:10:22.000]  Yes. Now they'll probably send it to a magistrate anyway. That's what they've been doing with all of ours.
[01:10:22.000 --> 01:10:26.000]  I don't have to take it. It says that option.
[01:10:26.000 --> 01:10:38.000]  Right. That's what it says. And we never send that back, including with the documentation I create for people. I've got this kind of fill in the blanks. It spits out all these.
[01:10:38.000 --> 01:10:51.000]  One of them is an objection to non-judicial decision making. We object to the use of any magistrates and demand that the courts render all rulings.
[01:10:51.000 --> 01:11:06.000]  They just ignore it and put the magistrate in there anyway. And when we file an objection to the magistrates' recommendations, we remind the court of our objection to the magistrate.
[01:11:06.000 --> 01:11:11.000]  Why did they want you to go to the magistrate?
[01:11:11.000 --> 01:11:13.000]  We'd say that again.
[01:11:13.000 --> 01:11:17.000]  Why does the court want you to take that option to use the magistrate?
[01:11:17.000 --> 01:11:25.000]  Because the judge is busy. He's got lots of stuff to do and he gets the magistrate to do a lot of legwork for it.
[01:11:25.000 --> 01:11:36.000]  All right. Now, last question I want to ask you tonight, Randy, is about kind of complaints or bar grievances against attorneys. How do you know?
[01:11:36.000 --> 01:11:50.000]  I have a feeling. I had one a year or so ago that they never processed it to the insurance company. How do you know if they did it or they just kept it secret just through in the trash, the bar grievances?
[01:11:50.000 --> 01:12:08.000]  Well, you don't. The problem the lawyer has is if the insurance company finds out about it and he hasn't reported it to him, then the insurance he's been paying for gets canceled.
[01:12:08.000 --> 01:12:18.000]  Is there a way I can find out what happened if the attorney ever, if the process ever went through with this attorney because the clerk?
[01:12:18.000 --> 01:12:21.000]  I don't know. I don't know if there's a way to do that.
[01:12:21.000 --> 01:12:28.000]  Well, the bar association says, you know, they just told me there's nothing. It's not going to be accepted. The attorney did nothing wrong.
[01:12:28.000 --> 01:12:30.000]  So I don't know whether they did.
[01:12:30.000 --> 01:12:47.000]  Oh, OK. Listen, they are always going to do that. No matter what you file, you can file a complaint saying that he shot three judges and they're going to say it does not rise to the level of misconduct.
[01:12:47.000 --> 01:12:52.000]  The computer spits out a form letter.
[01:12:52.000 --> 01:13:00.000]  But in their policies, they are required to report the filing of a grievance with their insurance companies.
[01:13:00.000 --> 01:13:14.000]  Now, you can look up all of the insurance companies that provide malpractice insurance in your state if your state requires that they carry malpractice insurance.
[01:13:14.000 --> 01:13:25.000]  Or even if they don't, you can still look up all the lawyers, all of the companies that carry it. Generally, there's only about, I think there's only eight or nine underwriters.
[01:13:25.000 --> 01:13:29.000]  How would I find out if it was reported to one of those insurance companies, my grievance?
[01:13:29.000 --> 01:13:47.000]  Call insurance companies. There's no special committee or government agency sitting there watching these lawyers and making sure they tell their insurance company about every bar grievance filed. There's nothing there.
[01:13:47.000 --> 01:13:52.000]  And then so the insurance company, if it did happen, they would tell me? It's like public information?
[01:13:52.000 --> 01:13:59.000]  Yeah, as far as I know. If you were the one that filed it, it's public to you.
[01:13:59.000 --> 01:14:00.000]  Okay.
[01:14:00.000 --> 01:14:06.000]  So, but the point, no, find all the insurance companies. Send an email to every insurance company in the state if you have to.
[01:14:06.000 --> 01:14:08.000]  Okay. Can I ask you just one more?
[01:14:08.000 --> 01:14:09.000]  Just one.
[01:14:09.000 --> 01:14:24.000]  Call an insurance agent and ask him who handles malpractice insurance for lawyers. And then ask two or three of them and there's not going to be that many. It won't take much to get them all.
[01:14:24.000 --> 01:14:26.000]  Okay.
[01:14:26.000 --> 01:14:30.000]  And if you find out who all of them are, send the list to me.
[01:14:30.000 --> 01:14:31.000]  Okay.
[01:14:31.000 --> 01:14:32.000]  And I'll post it.
[01:14:32.000 --> 01:14:35.000]  Okay. Can I ask you one last question?
[01:14:35.000 --> 01:14:36.000]  Yep.
[01:14:36.000 --> 01:14:40.000]  Okay. About, let me see here.
[01:14:40.000 --> 01:14:46.000]  Oh, jeepers, the complaint. Oh, yes, a generic criminal complaint.
[01:14:46.000 --> 01:14:49.000]  You just had a piece of paper right now, Randy.
[01:14:49.000 --> 01:14:58.000]  And you're going to, you're going to address this complaint to a magistrate. How would you put it on the paper? Can you just tell me how you'd be writing it down if you made your own right now?
[01:14:58.000 --> 01:14:59.000]  I'm going to listen to it and then I'm going to.
[01:14:59.000 --> 01:15:00.000]  Oh, yeah.
[01:15:00.000 --> 01:15:05.000]  Go to jurisimprudence.com.
[01:15:05.000 --> 01:15:06.000]  Okay.
[01:15:06.000 --> 01:15:13.000]  And right at the, right on the top in the middle, you'll see a reference to Cherokee County to some complaints.
[01:15:13.000 --> 01:15:16.000]  Our file is about 38 of them in there.
[01:15:16.000 --> 01:15:17.000]  Okay.
[01:15:17.000 --> 01:15:19.000]  Yeah. And just pull down one of those.
[01:15:19.000 --> 01:15:25.000]  And in Texas, complaints must run in the name of the state of Texas.
[01:15:25.000 --> 01:15:33.000]  So Texas complaints will always start with in the name of and by the authority of the state of Texas.
[01:15:33.000 --> 01:15:36.000]  And that's just a headache.
[01:15:36.000 --> 01:15:43.000]  Mindstate I Randall Kelton have reason to believe and do believe.
[01:15:43.000 --> 01:15:48.000]  And that's essentially statutory construction.
[01:15:48.000 --> 01:15:59.000]  The complaint must state that you have reason to believe and it must state that you do believe based on the following.
[01:15:59.000 --> 01:16:12.000]  It must state the facts that this particular person committed the above acts in violation of this particular statute.
[01:16:12.000 --> 01:16:17.000]  In a complaint, you don't have to have personal knowledge.
[01:16:17.000 --> 01:16:20.000]  You can file a complaint based on hearsay.
[01:16:20.000 --> 01:16:35.000]  The next door neighbor's daughter comes to you and says that this bully has been beating her up on the way to school and stealing her money and all this other stuff or on the way to work or something.
[01:16:35.000 --> 01:16:38.000]  And she's terrified of this guy.
[01:16:38.000 --> 01:16:40.000]  And you tell her, well, you need to file a complaint against them.
[01:16:40.000 --> 01:16:41.000]  Oh, no, I couldn't do that.
[01:16:41.000 --> 01:16:44.000]  I'm terrified.
[01:16:44.000 --> 01:16:47.000]  If you believe her.
[01:16:47.000 --> 01:16:51.000]  If you believe what she said to you, you can file the criminal complaint.
[01:16:51.000 --> 01:16:52.000]  We'll be right back.
[01:16:52.000 --> 01:16:54.000]  Many of you have been students at Greg.
[01:16:54.000 --> 01:16:55.000]  We'll have a radio.
[01:16:55.000 --> 01:16:59.000]  A call in number 5126461984.
[01:16:59.000 --> 01:17:01.000]  We'll be right back.
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[01:19:23.000 --> 01:19:32.000]  Okay, we are back. Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[01:19:32.000 --> 01:19:38.000]  And we're talking to Walt in New York about filing criminal complaints.
[01:19:38.000 --> 01:19:43.000]  All right, the last two minutes, Randy, is when you mention the state of Texas at the top,
[01:19:43.000 --> 01:19:47.000]  then underneath that you put the magistrate's name and it has to be notarized, correct?
[01:19:47.000 --> 01:19:51.000]  No, Ned Magistrate's name does not go on the document.
[01:19:51.000 --> 01:19:53.000]  Okay.
[01:19:53.000 --> 01:20:05.000]  The forms are different in each state. Go to a local court and ask the clerk to look at any criminal file.
[01:20:05.000 --> 01:20:10.000]  In the file, you'll find a document titled information.
[01:20:10.000 --> 01:20:16.000]  Best to go to the district court because they make sure sometimes the lower courts don't get things done right.
[01:20:16.000 --> 01:20:25.000]  Go to a district court and ask to see a criminal file and look for a document titled information.
[01:20:25.000 --> 01:20:37.000]  When a complaint is filed, it's intended to be filed by a private citizen, so the form on a complaint is not so particular.
[01:20:37.000 --> 01:20:43.000]  When the prosecutor, the complaint is intended to be filed with a magistrate,
[01:20:43.000 --> 01:20:47.000]  the magistrate will then hold an examining trial.
[01:20:47.000 --> 01:20:58.000]  If he finds problem cause, he'll forward the complaint to the prosecuting attorney and ask the prosecutor to prepare an information.
[01:20:58.000 --> 01:21:06.000]  Since the citizen filled out the complaint, they don't expect it to be correct in accordance with law.
[01:21:06.000 --> 01:21:10.000]  They don't expect it to meet every point of law.
[01:21:10.000 --> 01:21:19.000]  So to make sure they have an accurate document, they have the prosecutor preparing information based on the complaint.
[01:21:19.000 --> 01:21:24.000]  The information is exactly what a complaint should look like.
[01:21:24.000 --> 01:21:30.000]  So finding information, the only difference is instead of information, it says complaint.
[01:21:30.000 --> 01:21:33.000]  It has to be notarized, right?
[01:21:33.000 --> 01:21:38.000]  Yes, it has to be notarized and just prepare it in that format.
[01:21:38.000 --> 01:21:39.000]  Okay.
[01:21:39.000 --> 01:21:48.000]  So most states use your standard motion heading.
[01:21:48.000 --> 01:21:50.000]  It turns out Texas is peculiar.
[01:21:50.000 --> 01:21:53.000]  They have a special form for it.
[01:21:53.000 --> 01:21:56.000]  Even the Fed uses a motion heading.
[01:21:56.000 --> 01:22:03.000]  So generally, and it doesn't matter, complaints is not real important how they're actually structured.
[01:22:03.000 --> 01:22:04.000]  Okay.
[01:22:04.000 --> 01:22:09.000]  Thanks again, Randy, have a nice weekend and hello to Deborah and Eddie.
[01:22:09.000 --> 01:22:10.000]  Okay.
[01:22:10.000 --> 01:22:11.000]  Thank you.
[01:22:11.000 --> 01:22:12.000]  Bye-bye.
[01:22:12.000 --> 01:22:16.000]  Now we're going to go to Juan in Tejas.
[01:22:16.000 --> 01:22:17.000]  Yes, sir.
[01:22:17.000 --> 01:22:19.000]  Pull us in your wand.
[01:22:19.000 --> 01:22:30.000]  Hey, Randy, in the past, I've heard you talk about mortgages where, you know, bankers cannot sell them and refill them.
[01:22:30.000 --> 01:22:41.000]  Can you go over that as far as what the rules are and why it shouldn't be done?
[01:22:41.000 --> 01:22:44.000]  And I'll just hang up and listen.
[01:22:44.000 --> 01:22:46.000]  Okay, wait.
[01:22:46.000 --> 01:22:49.000]  I'm not sure you're asking me to go over that.
[01:22:49.000 --> 01:22:52.000]  I could spend two days on that subject.
[01:22:52.000 --> 01:22:53.000]  Okay.
[01:22:53.000 --> 01:23:04.000]  My question is, can banks refill your note after you sign the papers?
[01:23:04.000 --> 01:23:07.000]  It depends on the, okay, they do it all the time.
[01:23:07.000 --> 01:23:13.000]  But whether they have authority to or not, that's a different situation.
[01:23:13.000 --> 01:23:16.000]  If the loan is an FHA loan.
[01:23:16.000 --> 01:23:17.000]  Right.
[01:23:17.000 --> 01:23:25.000]  The deed of trust has no provision authorizing the lender to sell the note.
[01:23:25.000 --> 01:23:26.000]  Okay.
[01:23:26.000 --> 01:23:46.000]  If it's not an FHA loan, then there is a provision under Covenant 20, which authorizes the bank to sell the note, sell a portion of the note or the entire note together with this security instrument.
[01:23:46.000 --> 01:23:51.000]  And this security instrument means that deed of trust.
[01:23:51.000 --> 01:23:54.000]  So they have to transfer them both together.
[01:23:54.000 --> 01:24:06.000]  If they fail to do that, then they've breached a Covenant of the contract and they have repudiated the contract, which has the effect of voluntary rescission.
[01:24:06.000 --> 01:24:08.000]  They defaulted.
[01:24:08.000 --> 01:24:10.000]  Okay.
[01:24:10.000 --> 01:24:11.000]  And there's a lot more.
[01:24:11.000 --> 01:24:14.000]  If MERS is included in the contract.
[01:24:14.000 --> 01:24:16.000]  Which is the electronic.
[01:24:16.000 --> 01:24:18.000]  And, pardon me.
[01:24:18.000 --> 01:24:21.000]  That's electronic, the mortgages that are.
[01:24:21.000 --> 01:24:25.000]  Mortgage, electronic registration systems.
[01:24:25.000 --> 01:24:27.000]  Okay.
[01:24:27.000 --> 01:24:43.000]  If they're included in the contract and the lender did not sign the document, then because the inclusion of MERS is a concession by the lender.
[01:24:43.000 --> 01:24:52.000]  Then the inclusion of MERS is hasn't been affirmed by the lender and it's a void.
[01:24:52.000 --> 01:24:57.000]  This, this a whole stack of things we could go through you.
[01:24:57.000 --> 01:25:01.000]  You might want to, we have a, I do a Wednesday call in show.
[01:25:01.000 --> 01:25:03.000]  Right.
[01:25:03.000 --> 01:25:09.000]  Let me give you a number to call and get the right number and access.
[01:25:09.000 --> 01:25:12.000]  This is a teleconference.
[01:25:12.000 --> 01:25:23.000]  To all my associate, David Lewis, his number is 512-772-4700.
[01:25:23.000 --> 01:25:29.000]  In anyone who's just feeling like being annoying or obnoxious, call David and know him, know him.
[01:25:29.000 --> 01:25:31.000]  He likes that.
[01:25:31.000 --> 01:25:35.000]  Okay.
[01:25:35.000 --> 01:25:42.000]  It's David Lewis, 512-772-4700.
[01:25:42.000 --> 01:25:48.000]  He can give you all the information you need and what you, what your options are.
[01:25:48.000 --> 01:25:50.000]  Are you in foreclosure at the moment?
[01:25:50.000 --> 01:25:51.000]  I don't know, sir.
[01:25:51.000 --> 01:25:55.000]  I just wanted to kind of get that straight, you know, in my head.
[01:25:55.000 --> 01:25:56.000]  Okay.
[01:25:56.000 --> 01:25:59.000]  Well, there's a lot of information to be had here.
[01:25:59.000 --> 01:26:06.000]  I'm glad you brought that up and mentioned that because I am building a tool.
[01:26:06.000 --> 01:26:15.000]  You can find it if you go to aidox.com and click on mortgage analysis.
[01:26:15.000 --> 01:26:17.000]  Mortgage analysis.
[01:26:17.000 --> 01:26:18.000]  Yeah.
[01:26:18.000 --> 01:26:20.000]  It has lots of information.
[01:26:20.000 --> 01:26:23.000]  It's my, it's an alpha site.
[01:26:23.000 --> 01:26:26.000]  I mean, it hasn't even made it to beta yet.
[01:26:26.000 --> 01:26:30.000]  You'll find a lot of broken links.
[01:26:30.000 --> 01:26:33.000]  I'm in the process of restructuring the front end.
[01:26:33.000 --> 01:26:37.000]  So it's, it's intuitive and understandable.
[01:26:37.000 --> 01:26:46.000]  But when I started putting this together, I was amazed myself at how much information is there.
[01:26:46.000 --> 01:26:47.000]  Projected data.
[01:26:47.000 --> 01:26:50.000]  When are you going to get it done?
[01:26:50.000 --> 01:26:57.000]  Yes, call David and the first thing you should do if you have a mortgage and these are things
[01:26:57.000 --> 01:27:00.000]  that most people won't even think about.
[01:27:00.000 --> 01:27:06.000]  We go to this place because the only thing to pay attention to is to sue them.
[01:27:06.000 --> 01:27:08.000]  You can do modification.
[01:27:08.000 --> 01:27:11.000]  You can do administrative procedures.
[01:27:11.000 --> 01:27:12.000]  They don't care.
[01:27:12.000 --> 01:27:13.000]  They just ignore all that.
[01:27:13.000 --> 01:27:16.000]  They use the modification to screw you with.
[01:27:16.000 --> 01:27:20.000]  When you sue them, that gets their attention.
[01:27:20.000 --> 01:27:26.000]  So before you sue them, we need to do some homework.
[01:27:26.000 --> 01:27:38.000]  There is one area where just out of pure laziness and arrogance, they probably did the single
[01:27:38.000 --> 01:27:43.000]  most dangerous thing to them.
[01:27:43.000 --> 01:27:46.000]  And it goes to the notary.
[01:27:46.000 --> 01:27:52.000]  They hire this person, entry level position and tell them, you know, we need a notary.
[01:27:52.000 --> 01:27:57.000]  If you want to be a notary, while we'll pay for your application, pay for your ledger
[01:27:57.000 --> 01:28:00.000]  and your bond and everything, we'll make you a notary.
[01:28:00.000 --> 01:28:01.000]  They say, wonderful.
[01:28:01.000 --> 01:28:03.000]  They did the notary.
[01:28:03.000 --> 01:28:07.000]  And then they come to him with this big stack of papers and says, here sign all of these.
[01:28:07.000 --> 01:28:08.000]  Right.
[01:28:08.000 --> 01:28:10.000]  And these people don't know any better.
[01:28:10.000 --> 01:28:12.000]  They think that's okay.
[01:28:12.000 --> 01:28:16.000]  It's a class A misdemeanor for each one.
[01:28:16.000 --> 01:28:20.000]  And when they need a notary, notarized document, they pull this off the shelf and fill in all
[01:28:20.000 --> 01:28:22.000]  the details and hand it in.
[01:28:22.000 --> 01:28:27.000]  When they file it, that's a felony.
[01:28:27.000 --> 01:28:37.000]  So we have a send a letter to every notary that's notarized anything that is filed in
[01:28:37.000 --> 01:28:40.000]  with the county registrar's office.
[01:28:40.000 --> 01:28:49.000]  And ask that notary for a evidence of the, all the vindications done from a day before
[01:28:49.000 --> 01:28:55.000]  to a day after the date of the signature of the verification on this document.
[01:28:55.000 --> 01:29:00.000]  Better to get somebody else to send it so they don't know which one to forge.
[01:29:00.000 --> 01:29:08.000]  If you don't get a response back or a response with proof of that authentication, then we
[01:29:08.000 --> 01:29:14.000]  go to the district court for a declaratory judgment ruling that the document on which
[01:29:14.000 --> 01:29:19.000]  that false notary appears is void and of no force and effect.
[01:29:19.000 --> 01:29:20.000]  We get that ruling.
[01:29:20.000 --> 01:29:23.000]  We go back to the district court for quiet title.
[01:29:23.000 --> 01:29:28.000]  We get quiet title in the bank and go scratch.
[01:29:28.000 --> 01:29:33.000]  I really love Bushwack and this goes to Bushwack and there's more.
[01:29:33.000 --> 01:29:36.000]  I'll address this when we get back on the other side.
[01:29:36.000 --> 01:29:40.000]  We also will go to the signatories on the document.
[01:29:40.000 --> 01:29:43.000]  We'll go after them as well.
[01:29:43.000 --> 01:29:44.000]  So hang on.
[01:29:44.000 --> 01:29:45.000]  We'll be right back.
[01:29:45.000 --> 01:29:46.000]  This is Randy Kelton.
[01:29:46.000 --> 01:29:47.000]  Deborah Stevenson.
[01:29:47.000 --> 01:29:48.000]  Eddie Craig.
[01:29:48.000 --> 01:29:49.000]  Rule of Law Radio.
[01:29:49.000 --> 01:29:53.000]  Our call in number 512-646-1984.
[01:29:53.000 --> 01:29:54.000]  Give us a call.
[01:29:54.000 --> 01:29:55.000]  It's your lease.
[01:29:55.000 --> 01:29:57.000]  It begins to build up toward the end.
[01:29:57.000 --> 01:30:00.000]  We'll be right back.
[01:30:00.000 --> 01:30:06.000]  A Noble Lie at Oklahoma City 1995 will change forever the way you look at the true nature
[01:30:06.000 --> 01:30:07.000]  of terrorism.
[01:30:07.000 --> 01:30:10.000]  Based on the damage pattern to the building, but the government sends impossible.
[01:30:10.000 --> 01:30:14.000]  The grand jury did not want to hear anything I had to say.
[01:30:14.000 --> 01:30:18.000]  The decision was made not to pursue any more of those individuals.
[01:30:18.000 --> 01:30:22.000]  Some of these columns were ripped up, shredded, tossed around.
[01:30:22.000 --> 01:30:26.000]  The people that did the things they did knew going on well what they were doing.
[01:30:26.000 --> 01:30:31.000]  Expose the cover up now at www.AnobleLie.com.
[01:30:31.000 --> 01:30:36.000]  The Rule of Law Radio Network is proud to present a due process of law seminar hosted by our
[01:30:36.000 --> 01:30:37.000]  own Eddie Craig.
[01:30:37.000 --> 01:30:41.500]  Eddie is a former Nacodotius Sheriff's Deputy and for the past 21 years he's been studying
[01:30:41.500 --> 01:30:46.000]  the due process of law and now offers his knowledge to you at a seminar every Sunday from
[01:30:46.000 --> 01:30:51.000]  2 o'clock to 5 o'clock at Brave New Books, located at 1904 Guadalupe Street.
[01:30:51.000 --> 01:30:55.760]  Admission is $20, so please make plans to come by and sit with Eddie and learn for yourself
[01:30:55.760 --> 01:31:00.760]  what the true intent of law really is.
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[01:32:23.760 --> 01:32:36.760]  Okay, we are back.
[01:32:36.760 --> 01:32:43.760]  Randy Kelton, David Stevens, Eddie Craig with Law Radio and we're talking to Juan from Tejas.
[01:32:43.760 --> 01:32:47.760]  Yes, hello Juan.
[01:32:47.760 --> 01:32:55.760]  Okay, I was going to go to the signatories on your documentation.
[01:32:55.760 --> 01:32:59.760]  You hear all this stuff about RoboSigners.
[01:32:59.760 --> 01:33:02.760]  And you could go to the court and say,
[01:33:02.760 --> 01:33:08.760]  this guy's a RoboSigner while his name is splattered all over the internet.
[01:33:08.760 --> 01:33:11.760]  And the judge is going to say so.
[01:33:11.760 --> 01:33:17.760]  That does not mean that he does not have authority to sign in this instance.
[01:33:17.760 --> 01:33:25.760]  What evidence do you have that this particular signature is improper?
[01:33:25.760 --> 01:33:29.760]  We send a letter to the company for whom he signed.
[01:33:29.760 --> 01:33:35.760]  And for the most part, if you have MERS in the contract, it'll be to MERS.
[01:33:35.760 --> 01:33:42.760]  And because of the way they did their business, MERS don't know anything about this guy.
[01:33:42.760 --> 01:33:53.760]  So you send a letter to MERS and somebody at MERS will get it and they'll just put it on somebody else's desk and you'll never hear from them.
[01:33:53.760 --> 01:33:57.760]  And at least you hope you never hear from them.
[01:33:57.760 --> 01:34:04.760]  Because what that does in law is create an adverse inference.
[01:34:04.760 --> 01:34:10.760]  You can go to the court and say, you're on this guy's a RoboSigner while his name is splattered all over the internet.
[01:34:10.760 --> 01:34:24.760]  And because of that, we sent this letter to the company for whom he signed and asked them to provide us with evidence of his power of attorney to sign for this company.
[01:34:24.760 --> 01:34:29.760]  And they failed to respond when they had a duty to respond.
[01:34:29.760 --> 01:34:36.760]  In the legal reform community, a lot of people quote, twill, twill the U.S.
[01:34:36.760 --> 01:34:47.760]  And these are a bunch of people doing administrative remedies and they'd send somebody a letter and tell them why if you don't do this, that and the other.
[01:34:47.760 --> 01:34:52.760]  And if you don't do it within this specific time, you owe me $100,000 a day.
[01:34:52.760 --> 01:34:58.760]  And when they didn't respond, they would go and file a lien against the person.
[01:34:58.760 --> 01:35:07.760]  And I had someone talking to me about that and explaining how great and powerful it was.
[01:35:07.760 --> 01:35:11.760]  I said, okay, you sent them a letter telling them if they didn't respond to you.
[01:35:11.760 --> 01:35:16.760]  And you quoted twill the U.S. saying somebody fails to respond and there's duty to respond.
[01:35:16.760 --> 01:35:17.760]  Well, that's fraud.
[01:35:17.760 --> 01:35:22.760]  So, okay, what duty did they have to respond?
[01:35:22.760 --> 01:35:27.760]  Now, if you just send a letter to somebody out of the blue, they don't have a duty to respond.
[01:35:27.760 --> 01:35:43.760]  But if someone took an action wherein they proactively claimed an authority, then in response to their action, you demand evidence of that authority.
[01:35:43.760 --> 01:35:46.760]  Now they have a duty to respond.
[01:35:46.760 --> 01:35:47.760]  Right.
[01:35:47.760 --> 01:35:50.760]  If they hadn't done anything in the first place, they wouldn't have had a duty.
[01:35:50.760 --> 01:35:54.760]  But they signed the document and you challenge it to have a duty.
[01:35:54.760 --> 01:35:58.760]  They failed to respond, that equates to fraud.
[01:35:58.760 --> 01:36:06.760]  Now you can go before the court with the adverse inference that this signature on this document lacks power of attorney.
[01:36:06.760 --> 01:36:07.760]  You're in Texas.
[01:36:07.760 --> 01:36:21.760]  Texas probate code 489 lists every document type that the legislature allows to be filed with the county registrar's office.
[01:36:21.760 --> 01:36:34.760]  And it says, in order for you to file one of these documents with your signature on it, you must have evidence of power of attorney filed with clerk of the court.
[01:36:34.760 --> 01:36:37.760]  Never, ever seen one.
[01:36:37.760 --> 01:36:38.760]  Okay.
[01:36:38.760 --> 01:36:39.760]  Go ahead, Juan.
[01:36:39.760 --> 01:36:40.760]  I interrupted you.
[01:36:40.760 --> 01:36:46.760]  Yeah, you answered a lot of my questions and appreciate that.
[01:36:46.760 --> 01:36:50.760]  And that's all the questions that I had.
[01:36:50.760 --> 01:36:52.760]  Yeah, well, you get those letters out.
[01:36:52.760 --> 01:36:54.760]  Now you're setting them up.
[01:36:54.760 --> 01:36:55.760]  Right.
[01:36:55.760 --> 01:36:56.760]  Yeah.
[01:36:56.760 --> 01:37:01.760]  Once you have all of those and go look at the county record.
[01:37:01.760 --> 01:37:04.760]  Look at what is in there.
[01:37:04.760 --> 01:37:12.760]  These guys, they have screwed things up so incredibly bad, you almost won't believe it.
[01:37:12.760 --> 01:37:21.760]  If you have Washington Mutual in your, in your, if you, the original loan was with Washington Mutual.
[01:37:21.760 --> 01:37:27.760]  JP Morgan Chase just got hammered in Michigan.
[01:37:27.760 --> 01:37:33.760]  They have no standing and look at the appointments.
[01:37:33.760 --> 01:37:42.760]  You won't believe the trash you find in there. I look at this note, they got a note by this Kalisto mortgage.
[01:37:42.760 --> 01:37:50.760]  And then MERS is included in the contract naming them as an agent for Kalisto mortgage.
[01:37:50.760 --> 01:38:10.760]  And then there's assignment of deed of trust and assignment of deed of trust says that MERS acting as nominee for countrywide home loans transfers deed of trust to Wells Fargo Bank.
[01:38:10.760 --> 01:38:13.760]  And I'm sorry, I have to, to Bank of America.
[01:38:13.760 --> 01:38:15.760]  I said, what?
[01:38:15.760 --> 01:38:19.760]  Where did countrywide home loans come from?
[01:38:19.760 --> 01:38:24.760]  You need to go get all of the documents that have been filed with the county recorder.
[01:38:24.760 --> 01:38:30.760]  And this doesn't take a rocket scientist. Just set them down and read them.
[01:38:30.760 --> 01:38:34.760]  Who did what?
[01:38:34.760 --> 01:38:39.760]  And where did they get the authority to do what they did?
[01:38:39.760 --> 01:38:43.760]  You will be surprised at the trash you find in there.
[01:38:43.760 --> 01:39:01.760]  And if you find a problem with one of these documents, you can petition to the district court to rule that this document is insufficient on its face for filing in the county record.
[01:39:01.760 --> 01:39:04.760]  And this is a spot where you have to be careful.
[01:39:04.760 --> 01:39:18.760]  We have 51903 where you can petition the court for declaratory judgment based on a document stating a claim against real property.
[01:39:18.760 --> 01:39:43.760]  Someone just sent me a case, a piece of case law where the guy filed 51903 on an assignment of deed of trust and the court said you can't get 51903 on assignment because an assignment did not create a claim against the property.
[01:39:43.760 --> 01:39:48.760]  It merely transferred an existing claim.
[01:39:48.760 --> 01:39:55.760]  So under 51903 you can file against the trust.
[01:39:55.760 --> 01:40:01.760]  If you have anything else, then you file a petition for declaratory judgment.
[01:40:01.760 --> 01:40:13.760]  And the only thing you ask the judge to do is rule that this document is insufficient on its face.
[01:40:13.760 --> 01:40:27.760]  In mine, I'm putting it is not the intent of this petition that any declaration be made concerning the validity of any claim in this record.
[01:40:27.760 --> 01:40:33.760]  If the judge does that, he will invalidate the ruling.
[01:40:33.760 --> 01:40:37.760]  And he can screw you by doing that.
[01:40:37.760 --> 01:40:46.760]  So only thing he rules on is does this document meet the statutory requirements for filing.
[01:40:46.760 --> 01:40:53.760]  And if the answer is no, the document is necessarily void.
[01:40:53.760 --> 01:41:03.760]  If they have done a foreclosure based on this document and the court rules it's void, they are screwed.
[01:41:03.760 --> 01:41:05.760]  Okay, does that all make sense?
[01:41:05.760 --> 01:41:07.760]  Yes, it sure does.
[01:41:07.760 --> 01:41:10.760]  But call David, he'll give you a lot of good information.
[01:41:10.760 --> 01:41:12.760]  Okay, I will. Thank you, sir.
[01:41:12.760 --> 01:41:15.760]  Okay, thank you, Juan.
[01:41:15.760 --> 01:41:20.760]  Okay, now we're going to go to Steve in Texas.
[01:41:20.760 --> 01:41:25.760]  Hello, Steve.
[01:41:25.760 --> 01:41:29.760]  I think I may have put Steve to sleep.
[01:41:29.760 --> 01:41:39.760]  I have this special quality in my voice that everybody who listens to me goes to sleep.
[01:41:39.760 --> 01:41:51.760]  Okay, Steve, if we've lost contact, then call us back. Our call boards are open. Call in number 512-646-1984.
[01:41:51.760 --> 01:41:59.760]  And I'd like to go on talking about some of these issues with the documentation in the county record.
[01:41:59.760 --> 01:42:03.760]  We've been working on the foreclosure issue for a number of years now.
[01:42:03.760 --> 01:42:10.760]  And we developed some tools and techniques to help people stay in their properties.
[01:42:10.760 --> 01:42:14.760]  And we're dealing with a court that's absolutely totally corrupt.
[01:42:14.760 --> 01:42:24.760]  But their problem is when you file a lawsuit, even if the lawsuit is totally frivolous, it takes them forever to get it trashed.
[01:42:24.760 --> 01:42:33.760]  So they throw it out. You file an amended. They throw out the amended. You file another amended. They throw that out with prejudice.
[01:42:33.760 --> 01:42:40.760]  You appeal back and forth, back and forth, back and forth. Okay, we can stop them and hold them for quite a while this way.
[01:42:40.760 --> 01:42:46.760]  But what we've started to do is look at the court record.
[01:42:46.760 --> 01:42:53.760]  Everything that's filed in the county registrar's office is public knowledge.
[01:42:53.760 --> 01:43:03.760]  So under law, you can presume that everybody has knowledge of what is in there, whether they actually do or not.
[01:43:03.760 --> 01:43:10.760]  If they don't, they've kept themselves deliberately ignorant and too bad.
[01:43:10.760 --> 01:43:25.760]  I just filed criminal charges against a purchaser of a property in one that I held warrantied on because J.P. Morgan Chase had no assignment of Peter Trust in the record.
[01:43:25.760 --> 01:43:35.760]  And the buyer of the property knew it as a matter of law and therefore participated in an attempt to steal my property.
[01:43:35.760 --> 01:43:46.760]  These guys are real unhappy right at the moment. This is Randy Kelton, Denver Stevens, Eddie Craig, Reels on Radio, a call in number 512-646-1984.
[01:43:46.760 --> 01:43:59.760]  Jason, we'll take you when we come back on the other side.
[01:43:59.760 --> 01:44:08.760]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, and neither is finding like-minded people to share it with.
[01:44:08.760 --> 01:44:11.760]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:44:11.760 --> 01:44:12.760]  Brave New Books?
[01:44:12.760 --> 01:44:19.760]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[01:44:19.760 --> 01:44:23.760]  They even stock Interfood, Burkey products, and Calvin Soaps.
[01:44:23.760 --> 01:44:25.760]  There's no way a place like that exists.
[01:44:25.760 --> 01:44:31.760]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:31.760 --> 01:44:35.760]  Oh, by UT? There's never anywhere to park down there.
[01:44:35.760 --> 01:44:42.760]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:42.760 --> 01:44:46.760]  It does exist, but when are they open?
[01:44:46.760 --> 01:44:55.760]  Monday 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,
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[01:46:19.760 --> 01:46:31.760]  Okay, we are back.
[01:46:31.760 --> 01:46:39.760]  Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio, and we're going to Jason in Texas.
[01:46:39.760 --> 01:46:40.760]  Hey, Randy.
[01:46:40.760 --> 01:46:41.760]  Hello.
[01:46:41.760 --> 01:46:43.760]  Okay, go ahead.
[01:46:43.760 --> 01:46:50.760]  Hey, I've got a situation, and I need to create some politics, and I heard you might be good at doing that.
[01:46:50.760 --> 01:46:54.760]  I've got some, I have some tools.
[01:46:54.760 --> 01:46:55.760]  That'll work.
[01:46:55.760 --> 01:46:58.760]  Well, maybe I can put them to work here.
[01:46:58.760 --> 01:47:00.760]  I hope this is the crime.
[01:47:00.760 --> 01:47:02.760]  It was through a video.
[01:47:02.760 --> 01:47:18.760]  But anyways, I filed an open records request requesting information for the video that I saw that involved police officers acting illegally, I guess you could say.
[01:47:18.760 --> 01:47:24.760]  And my open records request has been ignored, and let me explain.
[01:47:24.760 --> 01:47:27.760]  To whom did you send the request?
[01:47:27.760 --> 01:47:29.760]  What agency?
[01:47:29.760 --> 01:47:40.760]  Well, I sent it to the city clerk who is in charge of the open records office for the police department.
[01:47:40.760 --> 01:47:42.760]  Is this Austin?
[01:47:42.760 --> 01:47:48.760]  No, no, it's actually a very small city down here in South Texas by the name of Alice.
[01:47:48.760 --> 01:47:50.760]  Oh, okay.
[01:47:50.760 --> 01:48:09.760]  And then, prepare a criminal affidavit against the mayor under 552 government code, a violation of 552 government codes, class a misdemeanor official misconduct.
[01:48:09.760 --> 01:48:10.760]  Okay.
[01:48:10.760 --> 01:48:21.760]  Prepare that, file it with a magistrate, preferably a municipal judge.
[01:48:21.760 --> 01:48:30.760]  And the municipal judge will absolutely refuse to act on the criminal complaint against the mayor.
[01:48:30.760 --> 01:48:34.760]  And I suggest you do it by certified mail.
[01:48:34.760 --> 01:48:42.760]  With your little, the reason you put a cover letter in there and ask them to return it to you?
[01:48:42.760 --> 01:48:46.760]  It's not because you want them to return it to you.
[01:48:46.760 --> 01:48:50.760]  In fact, you want them not to.
[01:48:50.760 --> 01:49:03.760]  But since you asked them to and gave them the return envelope, you have a reasonable expectation that if they got it, they would send it back to you, but you didn't get it back.
[01:49:03.760 --> 01:49:13.760]  Therefore, you have reason to believe and do believe that the magistrate failed to perform his duty as required by law.
[01:49:13.760 --> 01:49:23.760]  And then you go to the district attorney and file against the magistrate for refusing to take criminal complaints against the mayor.
[01:49:23.760 --> 01:49:25.760]  Whenever you said reason to believe.
[01:49:25.760 --> 01:49:28.760]  Does that sound like fun or what?
[01:49:28.760 --> 01:49:38.760]  No, it does. It sounds like great fun. And whenever you have reason to believe and do believe, I kind of figured you could go into the next level there.
[01:49:38.760 --> 01:49:42.760]  And that's all you need is reason to believe and do believe.
[01:49:42.760 --> 01:49:45.760]  You don't need any hard facts.
[01:49:45.760 --> 01:49:47.760]  Well, you need some hard facts.
[01:49:47.760 --> 01:49:50.760]  In fact, that you sent it, you sent it certified mail.
[01:49:50.760 --> 01:49:52.760]  Here's the certified mail number.
[01:49:52.760 --> 01:49:57.760]  You have a return receipt saying it was accepted on this day.
[01:49:57.760 --> 01:50:14.760]  And I would suggest you go to the county court and ask the county court if they have a criminal file on the mayor.
[01:50:14.760 --> 01:50:17.760]  That'd be the criminal county court.
[01:50:17.760 --> 01:50:19.760]  No, no, no, I'm brain dead.
[01:50:19.760 --> 01:50:21.760]  It'd be the district court.
[01:50:21.760 --> 01:50:32.760]  There's things to look for. You check the district court and clerk and ask her if she has a recent filing of a criminal complaint against this person.
[01:50:32.760 --> 01:50:34.760]  Just give them the name.
[01:50:34.760 --> 01:50:41.760]  And then you ask the clerk for the minutes of the grand jury.
[01:50:41.760 --> 01:50:47.760]  And she's most likely going to say, I don't know what you're talking about.
[01:50:47.760 --> 01:51:01.760]  And you say, I want to see the minutes of the court as referenced by 20.22 Texas code of criminal procedure.
[01:51:01.760 --> 01:51:07.760]  And that always jokes and not their shorts.
[01:51:07.760 --> 01:51:10.760]  They will run and dig it out and read it.
[01:51:10.760 --> 01:51:13.760]  You might check it might be 2223.
[01:51:13.760 --> 01:51:15.760]  I think it's 22.
[01:51:15.760 --> 01:51:26.760]  And it says that the grand jury after they vote on a presentment.
[01:51:26.760 --> 01:51:40.760]  They'll cut the they're to come before the court with a quorum of the grand jury present and the foreman shall read the the fact of the indictment to the court.
[01:51:40.760 --> 01:51:46.760]  And the clerk shall make notes in the minutes of the court.
[01:51:46.760 --> 01:51:57.760]  So when they tell you they don't know what you're talking about, that statute that tells you you have to do this thing, I want to see those minutes.
[01:51:57.760 --> 01:52:03.760]  And when she doesn't give you those, then you file against her.
[01:52:03.760 --> 01:52:07.760]  Now these don't fall under open records.
[01:52:07.760 --> 01:52:20.760]  These fall under, I think it's 1.23 Texas code of criminal procedure that says all courts shall be public.
[01:52:20.760 --> 01:52:31.760]  And that's a violation of a law relating to her office and an act of misfeasance in office for failing to perform a duty she's required to perform.
[01:52:31.760 --> 01:52:33.760]  It's actually two of them.
[01:52:33.760 --> 01:52:37.760]  One of them is failing to take the notes in the first place.
[01:52:37.760 --> 01:52:39.760]  And the second failed to give them to you.
[01:52:39.760 --> 01:52:43.760]  And you give that to the district attorney.
[01:52:43.760 --> 01:52:57.760]  And under 2.03 Texas code of criminal procedure, district attorney is required to reduce the claim to an information and submit it to the grand jury.
[01:52:57.760 --> 01:53:00.760]  This will get them all excited.
[01:53:00.760 --> 01:53:13.760]  When you're trying to get the district clerk arrested, the cost of the mayor and the clerk probably knew nothing about anything.
[01:53:13.760 --> 01:53:18.760]  She's going to say, I don't know what you're talking about.
[01:53:18.760 --> 01:53:22.760]  There never was a filing.
[01:53:22.760 --> 01:53:33.760]  Then you can go back and go after the magistrate for not forwarding the complaint to the clerk of the court.
[01:53:33.760 --> 01:53:59.760]  17.30 Texas code of criminal procedure says that after an examining trial, the magistrate sell seal all documents had in the hearing cause his name to be written across the seal of the envelope and forward it to the clerk of the court of jurisdiction in a matter of a complaint against the public official for a violation of a law relating to his office.
[01:53:59.760 --> 01:54:04.760]  All ways goes to the district court.
[01:54:04.760 --> 01:54:17.760]  So you'll call that tampering with the government document because the magistrate secreted that government document from the person or office it was directed to.
[01:54:17.760 --> 01:54:22.760]  And that's a felony in the state of Texas.
[01:54:22.760 --> 01:54:28.760]  You could have a problem here in that you could have way too much fun.
[01:54:28.760 --> 01:54:33.760]  That sounds like the politics I'm looking for there.
[01:54:33.760 --> 01:54:44.760]  It will definitely generate a little politics. You'll get the phone lines absolutely humming.
[01:54:44.760 --> 01:54:52.760]  And then everywhere you go, if you go to a courthouse, they find out who you are, you'll get an entourage.
[01:54:52.760 --> 01:55:01.760]  Now, if you start this, you want to keep it up. The place you want to get is the district judge.
[01:55:01.760 --> 01:55:10.760]  Once you filed with the prosecutor and he refuses to act, then you send the complaint to the district judge.
[01:55:10.760 --> 01:55:18.760]  The reason you want to do that is once you filed against the district judge for not acting on it.
[01:55:18.760 --> 01:55:40.760]  Then if you go to the courthouse and a police officer or bailiff or anyone says anything that you can take as in any way threatening or challenging or assaultive as 22.02 code criminal.
[01:55:40.760 --> 01:55:44.760]  A penal code defines simple assault.
[01:55:44.760 --> 01:55:53.760]  If someone speaks to you in a way that an unreasonable person of ordinary prudence would find offensive, that is simple assault.
[01:55:53.760 --> 01:56:08.760]  And if a bailiff does it or a police officer does it while displaying a deadly weapon, then you can claim that district judge sent you down here to harass me, didn't he?
[01:56:08.760 --> 01:56:16.760]  Just because I filed one crummy little complaint against him, he sent you down here to mess with me, didn't he?
[01:56:16.760 --> 01:56:26.760]  And you watch that one. They get real excited and you won't have to worry about the police messing with you.
[01:56:26.760 --> 01:56:33.760]  Because if they're afraid you're going to accuse the judge of sending them out to do it, they will run like rabbits.
[01:56:33.760 --> 01:56:40.760]  I guess that's when you get to telling them that I am there, huh?
[01:56:40.760 --> 01:56:48.760]  They do get excited over this, but the problem is it's all right out of the code.
[01:56:48.760 --> 01:57:00.760]  I once told my district judge, hey, hey, don't get upset at me, kill the messenger, right? I didn't write the code, I just read it.
[01:57:00.760 --> 01:57:06.760]  I just got told recently that the county judge doesn't like me, but he respects me.
[01:57:06.760 --> 01:57:10.760]  The county attorney and district attorney both like me.
[01:57:10.760 --> 01:57:17.760]  The district judge hates me.
[01:57:17.760 --> 01:57:27.760]  And what? I only filed one complaint against him with the attorney general.
[01:57:27.760 --> 01:57:32.760]  And he's the one that ran into the... Last time I actually spoke to him.
[01:57:32.760 --> 01:57:36.760]  He ran into the courtroom while I was talking to the bailiff and said,
[01:57:36.760 --> 01:57:42.760]  Mr. Captain, you're creating a disturbance. You get out of this courthouse or I'll have you arrested.
[01:57:42.760 --> 01:57:48.760]  And I said, oh, jeez, judge, I'm sorry, and I reached in my pocket and pulled out this little digital recorder.
[01:57:48.760 --> 01:57:56.760]  I didn't have this turned on, clicked, and I stuck it right in his face and said, will you say that again?
[01:57:56.760 --> 01:58:01.760]  He was standing there with his teeth clenched together and his eyes bugging out.
[01:58:01.760 --> 01:58:07.760]  I know what he was thinking. That prosecuting attorney, he didn't tell me everything.
[01:58:07.760 --> 01:58:15.760]  That's right, he didn't. I was talking to the bailiff because the high sheriff of county sent me to the bailiff
[01:58:15.760 --> 01:58:20.760]  because he refused to dispatch an officer to arrest the district attorney.
[01:58:20.760 --> 01:58:27.760]  And I was making a criminal accusation against the district attorney and the judge threatened to have me arrested if I didn't leave.
[01:58:27.760 --> 01:58:31.760]  Well, the way I read the code, that's a terroristic threat.
[01:58:31.760 --> 01:58:36.760]  And I filed that with the attorney general. That was a hoot.
[01:58:36.760 --> 01:58:43.760]  Okay, hang on, this is Randy Kelton, David Craig, The Wheel of Law Radio, and we're having way too much fun.
[01:58:43.760 --> 01:58:49.760]  I call in number 512-646-1984. We'll be right back.
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