ROL_2013-04-05_16k_Hr3-4.timecode
[00:00.000 --> 00:09.120] You are listening to The Liberty Beats, your daily source for Liberty News and activist
[00:09.120 --> 00:15.200] updates online at TheLibertyBeats.com.
[00:15.200 --> 00:19.240] John Bush here with your Liberty Beats for April 5, 2013.
[00:19.240 --> 00:26.400] Gold opened today at $1564, silver at $27.13 and Bitcoin is trading at $138.
[00:26.400 --> 00:31.520] Today's edition of The Liberty Beats is sponsored in part by tomorrowsmealstoday.com.
[00:31.520 --> 00:38.120] South Austin market days every Saturday from 3 to 7 p.m. at 10106 Manchak Road and by Silver
[00:38.120 --> 00:44.160] Circle Movie, special screening Thursday, April 18 at Flix Brewhouse in Round Rock, Texas.
[00:44.160 --> 00:48.120] Information at silvercirclemovie.com and now the news.
[00:48.120 --> 00:52.440] Government documents obtained by the Partnership for Civil Justice Fund through its FOIA records
[00:52.440 --> 00:57.280] request reveal that the Department of Homeland Security, an agency created at the September
[00:57.280 --> 01:02.600] 11 attacks under the rubric of combating terrorism, conducts daily monitoring of peaceful, lawful
[01:02.600 --> 01:05.320] protests as a matter of policy.
[01:05.320 --> 01:09.800] Functioning as a secret political police force against people participating in lawful, peaceful,
[01:09.800 --> 01:14.320] free speech activity, the heavily redacted documents show that the DHS Threat Management
[01:14.320 --> 01:19.280] Division, directed by regional intelligence analysts, to provide daily intelligence briefings
[01:19.280 --> 01:23.960] that include a category on reporting on peaceful activist demonstrations along with domestic
[01:23.960 --> 01:29.560] terrorist activity.
[01:29.560 --> 01:33.560] The state of Maryland's Watershed Protection and Restoration Program passed the legislature
[01:33.560 --> 01:39.240] last year, mandating Howard County residents to pay an annual fee of $105 for storm water
[01:39.240 --> 01:40.240] management.
[01:40.240 --> 01:43.480] The state and local governments, along with volunteer fire companies, will remain exempt
[01:43.480 --> 01:44.480] from this fee.
[01:44.480 --> 01:49.440] The county expects to raise around $130 million over the next five years to pay for storm
[01:49.440 --> 01:51.560] water restoration projects.
[01:51.560 --> 02:00.440] Taxes on naturally occurring elements continue to be imposed on citizens around the country.
[02:00.440 --> 02:04.480] The International Dairy Foods Administration and the National Milk Producers Federation
[02:04.480 --> 02:09.320] have filed a petition asking the FDA to approve the addition of chemical sweeteners, aspartame
[02:09.320 --> 02:12.200] and sucralose to the ingredients of milk.
[02:12.200 --> 02:15.560] These new additions would essentially change the definition of milk and would not require
[02:15.560 --> 02:16.560] labeling.
[02:16.560 --> 02:23.480] Other dairy products such as yogurt, eggnog and whipping cream would also be included.
[02:23.480 --> 02:28.040] Support for the Liberty Beat comes from PureRainUSA.com, chemical and fluoride-free bottled water
[02:28.040 --> 02:32.480] available at Whole Foods and Central Market, and by Central Texas Gun Works, self-defense
[02:32.480 --> 02:41.320] training, CHL courses and firearm sales, online at CentralTexasGunWorks.com.
[02:41.320 --> 02:45.600] This is the Liberty Beat for April 5, 2013.
[03:11.320 --> 03:26.760] I received my remedy today, came in a box just like the safe, I accepted it for value
[03:26.760 --> 03:36.600] right away, it's not a dream, not later, we are originators and the pathway seems to get
[03:36.600 --> 03:46.600] straighter every day, and I can take anything that belongs to me and put it to good use.
[03:46.600 --> 03:58.120] What I was good for the gander, don't know where to go, I know some architects, I know
[03:58.120 --> 04:09.320] some engineers, they see the evidence, they know a certain team's queen, what's up with
[04:09.320 --> 04:17.320] the blatant deception, what is the nature of what you might gain, I see something headed
[04:17.320 --> 04:26.280] straight for you, I think it looks just like a train, it smells like a sham of something,
[04:26.280 --> 04:34.360] I can see I'm playing fast and loose, what I was good for the gander, don't know where
[04:34.360 --> 04:35.360] to go.
[04:35.360 --> 04:42.400] Okay, we are back, Randy Kelton, Deborah Stevens, Rue Vlaradio, and we're talking about the
[04:42.400 --> 04:45.840] State Commission on Judicial Conduct.
[04:45.840 --> 04:58.600] Last Friday I went through the American Bar Association model standards of judicial conduct,
[04:58.600 --> 05:08.120] and the Thursday before that I went through the American Bar Association standards for
[05:08.120 --> 05:14.400] lawyers and I tried to go through the American Bar Association standards for the prosecutorial
[05:14.400 --> 05:22.040] function, but they were so long and extensive that I quickly ran out of time.
[05:22.040 --> 05:25.560] I thought you were going to say you fell asleep.
[05:25.560 --> 05:34.880] No, I ran out of time, but when I went through the judicial conduct there were only four,
[05:34.880 --> 05:39.320] four canons of judicial conduct for federal.
[05:39.320 --> 05:47.840] And I looked at the Texas canons of judicial conduct, there were six, six or seven, but
[05:47.840 --> 05:56.880] they almost exactly mimicked the model standards.
[05:56.880 --> 06:05.320] And they were for Texas and for the FAB or as Ken referenced, the judge should do this
[06:05.320 --> 06:15.360] and judge ought to do that, and we have case law that says that the judges are immune even
[06:15.360 --> 06:25.000] if what they do is intentionally malicious, and I did want to talk about that part.
[06:25.000 --> 06:34.880] The judges claim absolute immunity, and it has been the judges who first extended immunity
[06:34.880 --> 06:43.000] to prosecutors and subsequently they've got the legislators to legislate prosecutorial
[06:43.000 --> 06:47.480] immunity and make that absolute immunity.
[06:47.480 --> 06:53.600] We hear all of this stuff about immunity, derivative immunity and absolute immunity and
[06:53.600 --> 07:02.480] sovereign immunity, and they imply by saying absolute immunity.
[07:02.480 --> 07:09.240] That means sovereign immunity and derivative immunity.
[07:09.240 --> 07:17.520] They imply that it is total and it is no such thing.
[07:17.520 --> 07:29.800] When the courts talk about immunity, they are talking about immunity from civil litigation
[07:29.800 --> 07:32.920] and that is all.
[07:32.920 --> 07:39.920] If a judge acting from the bench exerts a proportion to exert an authority he doesn't
[07:39.920 --> 07:49.440] expressly have, by exceeding the authority he actually has, then that's an act under
[07:49.440 --> 07:56.400] color of his authority, color meaning pretense, and if in the process he denies a citizen
[07:56.400 --> 08:01.480] in the full and free access to or enjoying it right, in the state of Texas and most
[08:01.480 --> 08:07.200] of every other state I've looked at, that's a criminal act is defined as official oppression
[08:07.200 --> 08:08.560] in Texas.
[08:08.560 --> 08:15.600] The more common designation for that is official misconduct.
[08:15.600 --> 08:24.200] It mimics 18 U.S. Code 242, which is the Ku Klux Klan Act.
[08:24.200 --> 08:33.120] The Ku Klux Klan Act, when I first read about the Ku Klux Klan Act, I was under the impression
[08:33.120 --> 08:42.360] that it was put in place to limit the Ku Klux Klan, but I was listening to a historical
[08:42.360 --> 08:46.840] program about Bedford Forest.
[08:46.840 --> 08:58.040] He was the general from Tennessee who, after the Civil War, started the Ku Klux Klan.
[08:58.040 --> 09:06.200] After listening to what the Klan was originally put in place for, the Klan was put in place
[09:06.200 --> 09:17.400] primarily to help keep the public officials who took over after the Civil War from abusing
[09:17.400 --> 09:19.720] the public.
[09:19.720 --> 09:27.640] So it appears that the Ku Klux Klan Act was essentially engineered by the Klan to control
[09:27.640 --> 09:36.840] those what they called cart-yanky-carpet-baggers who came into the south under the auspices
[09:36.840 --> 09:44.960] of governmental offices and took unfair advantage of those people there, and the Klan set up
[09:44.960 --> 09:46.440] to put them into that.
[09:46.440 --> 09:50.920] So it seems Bedford Forest was one of us.
[09:50.920 --> 09:59.600] And when the Klan turned away from that objective and became a vigilante group, Bedford Forest
[09:59.600 --> 10:03.720] disavowed himself with the whole thing when they started becoming violent.
[10:03.720 --> 10:11.920] I thought that was interesting, but the Ku Klux Klan Act, we primarily hear about that
[10:11.920 --> 10:25.320] under 42-year code 1983, which makes a public official subject to civil litigation if they
[10:25.320 --> 10:33.720] violate a law relating to their office and harm a citizen in the process or do not restrict
[10:33.720 --> 10:38.960] a citizen in the full and free enjoyment of a right.
[10:38.960 --> 10:49.480] But the judges, they pretty well ruled themselves out from under that particular act, and that
[10:49.480 --> 10:56.400] was pretty well done initially by judicial action and not by legislation.
[10:56.400 --> 11:06.920] It was later that legislation was put in to match what the judges were actually ruling.
[11:06.920 --> 11:11.440] The judges just decided we are not going to be subject to that law, and we don't care
[11:11.440 --> 11:13.320] what you say.
[11:13.320 --> 11:16.960] So they put in law to cover it.
[11:16.960 --> 11:27.240] But the part they forgot about was that 42-year code 1983 is the codification of the second
[11:27.240 --> 11:31.280] half of the Ku Klux Klan Act.
[11:31.280 --> 11:38.560] First half of the Ku Klux Klan Act was codified into 18 U.S. Code 242.
[11:38.560 --> 11:47.840] So while it made the action suable, first it made the action criminal, and while these
[11:47.840 --> 11:55.240] judges may have carved out immunity from the second half of the Ku Klux Klan Act, they
[11:55.240 --> 12:01.640] don't have any immunity from the first half of the act.
[12:01.640 --> 12:06.840] They are absolutely subject to criminal prosecution.
[12:06.840 --> 12:17.080] And with the problems with the judicial conduct issue and the commission, you have to expect
[12:17.080 --> 12:26.440] that the judges and prosecutors would lobby very hard to limit any restriction on their
[12:26.440 --> 12:30.160] ability to do whatever they want to.
[12:30.160 --> 12:34.960] And they've been doing that for a very long time, and they've done a pretty good job of
[12:34.960 --> 12:35.960] it.
[12:35.960 --> 12:41.520] And one thing they haven't gotten full control of is the criminal process.
[12:41.520 --> 12:50.560] They're trying very hard to give control of it, but our founders were experienced and
[12:50.560 --> 12:54.520] wise when they put this system together.
[12:54.520 --> 13:02.040] I think about what Benjamin Franklin said, or is purported to have said when he left
[13:02.040 --> 13:08.680] the Continental Congress, a woman asked him, Mr. Franklin, what have you given us?
[13:08.680 --> 13:14.160] He did not say we have given you a monarchy.
[13:14.160 --> 13:19.520] He did not say we have given you a fascist dictatorship.
[13:19.520 --> 13:25.080] And he did not say we have given you a democracy.
[13:25.080 --> 13:32.880] He said we have given you a republic if you can keep it.
[13:32.880 --> 13:38.760] He made us sovereigns without subjects.
[13:38.760 --> 13:45.640] He made us the ones responsible for maintaining this system.
[13:45.640 --> 13:49.480] And they gave us the tools to do it with.
[13:49.480 --> 14:00.520] So what we're here for mainly is to demonstrate to people that the tools are there, that they
[14:00.520 --> 14:04.160] are available, and how to use them.
[14:04.160 --> 14:12.520] Even if the State Commission on Judicial Conduct remains essentially impotent, there's still
[14:12.520 --> 14:15.840] something we can do.
[14:15.840 --> 14:24.960] The issue of the secrecy, we haven't mentioned anything about judicialconduct.com or barkrevance.net
[14:24.960 --> 14:30.840] to anybody there at any of the committees.
[14:30.840 --> 14:36.000] But even if they don't do their jobs, we now with technology and the Internet is giving
[14:36.000 --> 14:48.000] us tools to achieve a certain amount of parity through technology.
[14:48.000 --> 14:52.360] And there is going along with that.
[14:52.360 --> 15:00.720] We will be able to make a lot of these complaints public if we can become the go-to place for
[15:00.720 --> 15:04.280] filing judicial conduct complaints.
[15:04.280 --> 15:10.360] Then when someone goes to the commission and says he's had X number of complaints filed
[15:10.360 --> 15:15.120] against him, the judges won't even have to ask for how he knows that and go to our site
[15:15.120 --> 15:17.600] and find them.
[15:17.600 --> 15:26.560] But then we also are looking at, including in the site, when you fill out a complaint
[15:26.560 --> 15:34.880] if the complaint alleges an act that constitutes a violation of a criminal law, not only will
[15:34.880 --> 15:45.360] the site produce a judicial conduct complaint, it will also produce in the form of an affidavit
[15:45.360 --> 15:47.840] a criminal accusation.
[15:47.840 --> 15:54.440] And the only thing that it really needs added to it is where you say that the judge did
[15:54.440 --> 16:05.360] this, the judge did that, the judge did this in violation of Texas Penal Code 39.03 or
[16:05.360 --> 16:16.560] 39.11 or 38.05, whichever one is appropriate to the situation, you state it in terms of
[16:16.560 --> 16:22.280] a violation of the Penal Statute.
[16:22.280 --> 16:25.040] That's sufficient to make it a criminal complaint.
[16:25.040 --> 16:28.600] There's no special form that it has to be in.
[16:28.600 --> 16:32.800] If you want it to be look right, we will craft it so it looks like an information.
[16:32.800 --> 16:42.040] And an information is a complaint that a prosecutor creates based on a complaint submitted by
[16:42.040 --> 16:48.040] a citizen and the information is crafted so that it meets all the statutory requirements.
[16:48.040 --> 16:52.040] We'll try to get our site to meet that anyway.
[16:52.040 --> 16:54.280] Hang on, we're about to go to break this.
[16:54.280 --> 17:12.160] We're about to go to break this, we're about to go to break this, we're about to go to
[17:12.160 --> 17:14.160] break this.
[17:14.160 --> 17:27.960] We're about to go to break this, we're about to go to break this, we're about to go to
[17:27.960 --> 17:28.960] break this.
[17:28.960 --> 17:46.840] We're about to go to break this, we're about to go to break this, we're about to go to
[17:46.840 --> 17:47.840] break this.
[17:47.840 --> 18:00.160] We're about to go to break this.
[18:00.160 --> 18:06.040] We're about to go to break this.
[18:06.040 --> 18:18.360] We're about to go to break this.
[18:18.360 --> 18:36.240] We're about to go to break this, we're about to go to break this, we're about to go to break
[18:36.240 --> 18:37.240] this.
[18:37.240 --> 18:59.640] We're about to go to break this, we're about to go to break this, we're about to go to
[18:59.640 --> 19:00.640] break this.
[19:00.640 --> 19:10.640] We're listening to the Logos Radio Network. Logos Radio Network.com
[19:10.640 --> 19:16.640] Well don't let nothing get to you. Only the Father can deliver you.
[19:16.640 --> 19:23.640] Well don't let bad mind people hurt you. Until Satan get behind you.
[19:23.640 --> 19:28.640] Norman, my friend, my law judge.
[19:28.640 --> 19:34.640] Trust in God, my friend. Telling you a problem then.
[19:34.640 --> 19:40.640] Call on His name once again. If we call you, know you will stay in.
[19:40.640 --> 19:46.640] Trust in God, my friend. Telling you a problem then.
[19:46.640 --> 19:52.640] Call on His name once again. If we call you, know you will stay in.
[19:52.640 --> 19:56.640] I'm making my knees and everything. He's everything to me.
[19:56.640 --> 19:57.640] That's what they call him.
[19:57.640 --> 20:03.640] Okay, we are back. Randy Kelton, Deborah Stevens, Eddie Craig, Lula Radio.
[20:03.640 --> 20:09.640] And we're gonna go to Rob in New Mexico.
[20:09.640 --> 20:13.640] Hello Rob, how is that problem with deadheading?
[20:13.640 --> 20:17.640] Uh, it's good.
[20:17.640 --> 20:24.640] You don't remember? Okay, I understand you have a judge story.
[20:24.640 --> 20:31.640] I don't recall. That's what I said in the deposition.
[20:31.640 --> 20:35.640] Yeah, we've got a couple judge stories.
[20:35.640 --> 20:42.640] We got the magistrate in my wife's county case recused.
[20:42.640 --> 20:48.640] And he got replaced by a different magistrate who was a whole lot nicer
[20:48.640 --> 20:54.640] but had no more understanding of what his duties under the law were.
[20:54.640 --> 20:58.640] So, got a ton more due process violations.
[20:58.640 --> 21:02.640] We filed a notice of appearance for me to assist her.
[21:02.640 --> 21:10.640] And he ignored that and threatened to arrest me if I didn't sit down and shut up.
[21:10.640 --> 21:14.640] So, did you, was this the new magistrate?
[21:14.640 --> 21:16.640] I'm sorry?
[21:16.640 --> 21:19.640] Was this the new magistrate or the old magistrate?
[21:19.640 --> 21:23.640] No, this is, well, the first one did that too, but this is number two.
[21:23.640 --> 21:31.640] They brought him up from the opposite end of the district, which is three counties away.
[21:31.640 --> 21:40.640] And he was a lot nicer, but, you know, totally unconcerned about what the law said.
[21:40.640 --> 21:46.640] Would not let me assist her, didn't care that her rights had been already violated,
[21:46.640 --> 21:51.640] didn't care that he was continuing to violate her rights.
[21:51.640 --> 21:54.640] So, have you went after him?
[21:54.640 --> 22:00.640] We're going to. This just happened Thursday.
[22:00.640 --> 22:05.640] So, what was the nature of this hearing kind of bring us up to speed?
[22:05.640 --> 22:10.640] This was a careless driving citation and she challenged us dating this.
[22:10.640 --> 22:13.640] She was not engaged in transportation.
[22:13.640 --> 22:19.640] She had requested that the arresting officer take her immediately before a magistrate,
[22:19.640 --> 22:24.640] which he failed to do, threatened to incarcerate her,
[22:24.640 --> 22:29.640] kidnap our children and steal her property if she wouldn't sign the citation.
[22:29.640 --> 22:35.640] And all the usual fun stuff.
[22:35.640 --> 22:39.640] Okay. How long have you been fighting this one?
[22:39.640 --> 22:48.640] This, let's see, she was cited, arrested and cited on December 1st.
[22:48.640 --> 22:54.640] And she was convicted in a jury trial yesterday, or I'm sorry, Thursday.
[22:54.640 --> 22:56.640] Yeah, that was yesterday, today's Friday.
[22:56.640 --> 23:01.640] I don't even know what day it is. The deadhead isn't getting to me.
[23:01.640 --> 23:10.640] Yeah, yesterday they convicted her of careless driving in the magistrate court.
[23:10.640 --> 23:14.640] And did you file a notice of appeal?
[23:14.640 --> 23:17.640] We are working on that right now.
[23:17.640 --> 23:23.640] We had one ready to go and she's kind of getting cold feet.
[23:23.640 --> 23:29.640] She doesn't think that she can take on the DA based on the due process violations
[23:29.640 --> 23:35.640] that she's already suffered and the way that they just ignore everything she does and says.
[23:35.640 --> 23:40.640] Okay, you need to get her back on. Tell her this is where it starts to get fun.
[23:40.640 --> 23:45.640] That's what I'm trying to tell her. I'm begging her to call you and Eddie.
[23:45.640 --> 23:51.640] I'm guessing she hasn't called in tonight. I just got my signal back half an hour ago.
[23:51.640 --> 23:54.640] Okay, they have done their worst.
[23:54.640 --> 23:58.640] There's nothing. I don't get any worse from here.
[23:58.640 --> 24:00.640] No, that's what I told her.
[24:00.640 --> 24:03.640] Now, this is where it starts to be fun.
[24:03.640 --> 24:06.640] Now you get to start going after them.
[24:06.640 --> 24:07.640] Yeah.
[24:07.640 --> 24:14.640] Judicial conduct complaint, the judge file a disqualification of the judge.
[24:14.640 --> 24:24.640] I don't know if you have a examining court there, a court of inquiry.
[24:24.640 --> 24:29.640] I've filed a number of court of inquiries just for fun.
[24:29.640 --> 24:39.640] Well, what I did talk about recently, you know, we have been able to find a mirror clause of 18 USC 242
[24:39.640 --> 24:47.640] or 42 USC 1983 in New Mexico. But what we do have is the governmental conduct act,
[24:47.640 --> 24:56.640] which makes it a class over felony for any elected or appointed public servant
[24:56.640 --> 25:04.640] who has a conduct associated with their office to violate that code of conduct.
[25:04.640 --> 25:11.640] The governmental conduct act. Yeah. Can you send me a copy of that?
[25:11.640 --> 25:16.640] I did a seminar in Deming, New Mexico.
[25:16.640 --> 25:25.640] And when I was there, we were looking for a official misconduct statute in New Mexico
[25:25.640 --> 25:29.640] and couldn't find it. So this sounds like what we were looking for.
[25:29.640 --> 25:32.640] It's pretty good.
[25:32.640 --> 25:36.640] It makes it a felony. It's wonderful.
[25:36.640 --> 25:43.640] Have you looked at your government code to see if there is something comparable to government code chapter?
[25:43.640 --> 25:47.640] We have chapter 87 here in Texas.
[25:47.640 --> 25:55.640] Or it goes to it goes to removal, but not Quaranto removal.
[25:55.640 --> 25:59.640] We also have a Quaranto statute.
[25:59.640 --> 26:04.640] We probably have that in New Mexico if a public official is convicted of a crime.
[26:04.640 --> 26:15.640] In this instance, it appears to only go to elected officials, not someone who is employed.
[26:15.640 --> 26:18.640] But elected officials, they're convicted of a crime.
[26:18.640 --> 26:24.640] They're to be removed Quaranto from their office.
[26:24.640 --> 26:32.640] We have another form of removal under chapter 87 of government code.
[26:32.640 --> 26:38.640] But you might look for avenues of removal and petition for removal.
[26:38.640 --> 26:41.640] You're not going to get them removed.
[26:41.640 --> 26:50.640] But this comes under the heading of payback really sucks.
[26:50.640 --> 26:55.640] And you'll be like Mark in Wisconsin.
[26:55.640 --> 26:58.640] And I had a couple other people where I had to tell them,
[26:58.640 --> 27:03.640] God, you are having way too much fun.
[27:03.640 --> 27:05.640] I'm trying to.
[27:05.640 --> 27:10.640] Me from having fun right now is an idiot magistrate in my federal case.
[27:10.640 --> 27:12.640] I got to get rid of that guy.
[27:12.640 --> 27:14.640] He's killing me.
[27:14.640 --> 27:22.640] He just denied my motion to extend discovery so that I could get a witness from the bank.
[27:22.640 --> 27:25.640] And he says it hasn't withheld any witnesses.
[27:25.640 --> 27:34.640] They said right there in the scheduling report that they would name a witness if they had a witness to testify.
[27:34.640 --> 27:37.640] Okay, well, they said they would name one.
[27:37.640 --> 27:40.640] But yeah, so there's a dang witness.
[27:40.640 --> 27:46.640] Yeah, so they're saying they don't have one. Do you know who the president of the bank is or was?
[27:46.640 --> 27:51.640] What I've been saying is that the attorney is acting as the witness,
[27:51.640 --> 27:53.640] but they're like, no, he's not acting as a witness.
[27:53.640 --> 27:57.640] Like, well, where the hell is he getting this stuff?
[27:57.640 --> 28:01.640] So have they brought any witnesses into the case?
[28:01.640 --> 28:11.640] No, the only witnesses the bank has named are me and four attorneys from the fraud closure mill.
[28:11.640 --> 28:14.640] They've named attorneys as witnesses.
[28:14.640 --> 28:17.640] Have you objected to the attorneys as witnesses?
[28:17.640 --> 28:22.640] Well, not yet, because they haven't testified on behalf of the bank.
[28:22.640 --> 28:32.640] In fact, their testimony kind of goes against what the bank is trying to claim based on the evidence.
[28:32.640 --> 28:33.640] It's really...
[28:33.640 --> 28:38.640] So how have they introduced any evidence into the case?
[28:38.640 --> 28:46.640] They haven't. It's all hearsay, but the magistrate is going along with their hearsay and ignoring my affidavits and my evidence.
[28:46.640 --> 28:53.640] Okay, well, remember what Dr. Graves says. Don't worry about that.
[28:53.640 --> 28:56.640] It's all about setting the record for appeal.
[28:56.640 --> 28:58.640] Right.
[28:58.640 --> 29:07.640] Have you filed a waiver authorizing the magistrate to participate?
[29:07.640 --> 29:10.640] No, we're not. You're going to be.
[29:10.640 --> 29:14.640] Besides trying to get him refused is to file a notice.
[29:14.640 --> 29:21.640] Now, wait a minute, wait a minute. Have you filed a waiver? You have to file a waiver in order for that magistrate to have any authority.
[29:21.640 --> 29:22.640] Right.
[29:22.640 --> 29:24.640] Have you filed that waiver?
[29:24.640 --> 29:26.640] No, I did not.
[29:26.640 --> 29:33.640] Then you need to move, challenge the subject matter jurisdiction of the magistrate.
[29:33.640 --> 29:35.640] Okay.
[29:35.640 --> 29:41.640] Look at that. Send me an email. I have a case on that subject.
[29:41.640 --> 29:42.640] Okay.
[29:42.640 --> 29:48.640] Hang on. This is Randy Kelton, Debbie Stephens, Eddie Craig, Rule of Law Radio.
[29:48.640 --> 30:00.640] Our call in number 512-646-1984. We'll be right back on the other side.
[30:00.640 --> 30:05.640] It seems like everywhere you turn nowadays, someone wants your name, social security number, and date of birth.
[30:05.640 --> 30:08.640] But you should think twice before giving away your personal data.
[30:08.640 --> 30:11.640] I'm Dr. Catherine Albrecht, and I'll say more in just a moment.
[30:11.640 --> 30:19.640] Google is watching you, recording everything you've ever searched for and creating a massive database of your personal information.
[30:19.640 --> 30:20.640] That's creepy.
[30:20.640 --> 30:22.640] But it doesn't have to be that way.
[30:22.640 --> 30:25.640] StartPage.com is the world's most private search engine.
[30:25.640 --> 30:32.640] StartPage.com doesn't store your IP address, make a record of your searches or use tracking cookies, and they're third party certified.
[30:32.640 --> 30:36.640] If you don't like big brothers spying on you, start over with StartPage.
[30:36.640 --> 30:39.640] Great search results and total privacy.
[30:39.640 --> 30:42.640] StartPage.com, the world's most private search engine.
[30:42.640 --> 30:45.640] Forms, forms, forms, they're everywhere.
[30:45.640 --> 30:49.640] But just because a piece of paper asks for information doesn't mean you have to give it.
[30:49.640 --> 30:56.640] I like blank spaces on forms all the time, or I write N slash A for not applicable, and usually nobody notices or cares.
[30:56.640 --> 31:03.640] I never give my social security number or date of birth unless it's absolutely mandatory for employment or a government requirement.
[31:03.640 --> 31:09.640] And I won't give my phone number to a company or an organization unless I actually want them to call me, and that's pretty rare.
[31:09.640 --> 31:14.640] To preserve our vanishing privacy, we need to practice saying no to random data requests.
[31:14.640 --> 31:18.640] It's like exercising a muscle. It gets easier the more you do it.
[31:18.640 --> 31:23.640] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:23.640 --> 31:28.640] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:28.640 --> 31:30.640] The government says that fire brought it down.
[31:30.640 --> 31:35.640] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[31:35.640 --> 31:38.640] Over 6,000 of my fellow service members have given their lives.
[31:38.640 --> 31:40.640] And thousands of my fellow force responders have died.
[31:40.640 --> 31:42.640] I'm not a conspiracy theorist.
[31:42.640 --> 31:43.640] I'm a structural engineer.
[31:43.640 --> 31:44.640] I'm a New York City correction officer.
[31:44.640 --> 31:45.640] I'm a structural engineer.
[31:45.640 --> 31:46.640] I'm a structural engineer.
[31:46.640 --> 31:47.640] I'm a structural engineer.
[31:47.640 --> 31:48.640] I'm a structural engineer.
[31:48.640 --> 31:49.640] I'm a structural engineer.
[31:49.640 --> 31:50.640] I'm a structural engineer.
[31:50.640 --> 31:51.640] I'm a structural engineer.
[31:51.640 --> 31:53.640] I'm a New York City correction officer.
[31:53.640 --> 31:54.640] I'm an Air Force pilot.
[31:54.640 --> 31:55.640] I'm a father who lost his son.
[31:55.640 --> 31:58.640] We're Americans, and we deserve the truth.
[31:58.640 --> 32:01.640] Go to RememberBuilding7.org today.
[32:01.640 --> 32:07.640] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy.
[32:07.640 --> 32:10.640] And neither is finding like-minded people to share it with.
[32:10.640 --> 32:13.640] Oh, well, I guess you haven't heard of Brave New Books then.
[32:13.640 --> 32:14.640] Brave New Books?
[32:14.640 --> 32:19.640] Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[32:19.640 --> 32:21.640] Ron Paul, and G. Edward Griffin.
[32:21.640 --> 32:25.640] They even stock inner food, Berkey products, and Calvin Soap's.
[32:25.640 --> 32:27.640] There's no way a place like that exists.
[32:27.640 --> 32:29.640] Go check it out for yourself.
[32:29.640 --> 32:33.640] It's downtown at 1904 Guadalupe Street, just south of UT.
[32:33.640 --> 32:34.640] Oh, by UT?
[32:34.640 --> 32:37.640] There's never anywhere to park down there.
[32:37.640 --> 32:42.640] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[32:42.640 --> 32:44.640] facility just behind the bookstore.
[32:44.640 --> 32:48.640] It does exist, but when are they open?
[32:48.640 --> 32:53.640] Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays.
[32:53.640 --> 33:19.640] So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[33:19.640 --> 33:26.640] Yeah, yeah, yeah, whoa.
[33:26.640 --> 33:48.640] Mm-hmm, yeah, I want, I want, I want to let you pull the love over my eyes.
[33:48.640 --> 33:59.640] Okay, we are back.
[33:59.640 --> 34:06.640] Randy Kelton, Deborah Stevens, rule of law radio, and we're talking to Rob in New Mexico.
[34:06.640 --> 34:13.640] Okay, Rob, you really need to get your wife to continue.
[34:13.640 --> 34:18.640] She's worked through the hard part, and after all, it's just a ticket.
[34:18.640 --> 34:21.640] I mean, big deal.
[34:21.640 --> 34:28.640] This is the cheapest legal education she can ever get, and she's just at the part now where
[34:28.640 --> 34:32.640] they've done all they can do.
[34:32.640 --> 34:35.640] They can't do any fluff and bluster.
[34:35.640 --> 34:38.640] They can't do anything now.
[34:38.640 --> 34:43.640] And now she begins to see how vulnerable they become.
[34:43.640 --> 34:51.640] I got a ticket here in Austin, and I am going to have such fun with this one.
[34:51.640 --> 34:53.640] This one really was bogus.
[34:53.640 --> 34:58.640] I was bringing my brother-in-law home from the hospital, and it's 1 o'clock in the morning
[34:58.640 --> 35:08.640] in Hazel, Texas, and he said, man, you better watch out these cops, they're out here every night, so I ran exactly the speed limit.
[35:08.640 --> 35:17.640] When I passed the 40 miles, the 50 mile speed, I clicked off the cruise and went up to 50, and this guy pulls me over.
[35:17.640 --> 35:26.640] The first thing I asked him, did you see that DOT number on the back of my car?
[35:26.640 --> 35:29.640] Yes, I did. Did you look it up?
[35:29.640 --> 35:35.640] No, I didn't. Well, you might want to do that.
[35:35.640 --> 35:38.640] And then I asked him, are you a police officer?
[35:38.640 --> 35:40.640] He said, yes, I am.
[35:40.640 --> 35:42.640] I said, now, wait a minute.
[35:42.640 --> 35:51.640] Are you a peace officer or a police officer or both?
[35:51.640 --> 35:53.640] I'm a police officer.
[35:53.640 --> 35:57.640] Oh, OK. That told me he didn't know the difference.
[35:57.640 --> 36:08.640] Now, in other states, it may not be this way, but in Texas, a law enforcement officer is a peace officer.
[36:08.640 --> 36:26.640] And in the administrative code, those officers who are authorized to enforce the transportation code under Chapter 644 are designated as police officers.
[36:26.640 --> 36:45.640] The Department of Public Safety officers are police officers, and in the administrative code that creates the Department of Public Safety, it very clearly stipulates that the Department of Public Safety may not enforce the criminal laws,
[36:45.640 --> 36:53.640] except at the request of and under the direction of local law enforcement.
[36:53.640 --> 37:07.640] Peace officers are authorized to enforce the criminal laws, and police officers are authorized to enforce traffic code, and they are not interchangeable.
[37:07.640 --> 37:36.640] And certain cities and counties can have officers designated as police officers, but they have to go through some very clearly stipulated training under, I think, at 7.13 in order to be designated as a police officer authorized to enforce the traffic code.
[37:36.640 --> 37:46.640] This guy's got no clue, so I went down there today and I turned in an information request.
[37:46.640 --> 37:56.640] And the information request asks again for, I'm pulling it out here so I can read it.
[37:56.640 --> 38:06.640] All of the records claim to be maintained by the Department.
[38:06.640 --> 38:20.640] It went to the training that the officer is required to have in order to be authorized to enforce the traffic code.
[38:20.640 --> 38:31.640] And when I gave it to the clerk, she came back out and said, you need to be more specific.
[38:31.640 --> 38:34.640] What is it that you're asking for?
[38:34.640 --> 38:40.640] And I told her exactly what it says.
[38:40.640 --> 38:46.640] And she kind of stood there a minute not knowing what to do.
[38:46.640 --> 39:08.640] What it says is, you're hereby directed to provide for my inspection and or copying all records collected simply maintained by your department to include the following evidence of authority to enforce the provisions of Texas traffic laws chapter 644 for all officers so authorized by the city of
[39:08.640 --> 39:26.640] I did not tell them what statute it was that requires that they have authorization and I think it was 713 but I don't have it memorized.
[39:26.640 --> 39:54.640] But that section lists all kinds of stuff and it has to be either a county on a border or bordering a port or a county of a certain number of people, not just any county can get anyone authorized as a police officer.
[39:54.640 --> 39:59.640] So these guys aren't even going to know what I'm talking about.
[39:59.640 --> 40:04.640] So I'm going to have great fun with this.
[40:04.640 --> 40:11.640] Yeah, they're totally clueless. They're clueless here. We've got it even easier.
[40:11.640 --> 40:25.640] You know, we don't even have the illusion of them operating under the Department of Public Safety which would, you know, indicate somebody that just reads those words that hey, they've got authority to, you know, preserve the public safety.
[40:25.640 --> 40:32.640] Ours are under the taxation revenue department.
[40:32.640 --> 40:35.640] Taxation, you win it.
[40:35.640 --> 40:43.640] So enforcement is under taxation and revenue.
[40:43.640 --> 40:52.640] The New Mexico State Police and the Motor Vehicle Division and the Motor Vehicle Code are all under the Department of Taxation and Revenue.
[40:52.640 --> 41:02.640] Are they designated as peace officers authorized to enforce the criminal laws?
[41:02.640 --> 41:09.640] You know, they are designated as police officers authorized to enforce the Motor Vehicle Code.
[41:09.640 --> 41:13.640] So it's pretty well similar to here.
[41:13.640 --> 41:16.640] Oh, interesting.
[41:16.640 --> 41:28.640] Basically the only people in New Mexico that are peace officers are sheriffs, sheriffs, deputies and hospitals. Everybody else is a meter maid.
[41:28.640 --> 41:30.640] Wait, everybody else is what?
[41:30.640 --> 41:31.640] A meter maid.
[41:31.640 --> 41:34.640] Oh, a meter maid.
[41:34.640 --> 41:38.640] Okay, so it's even more clear there.
[41:38.640 --> 41:44.640] I don't really have a problem with the traffic laws.
[41:44.640 --> 41:46.640] There is some argument over that.
[41:46.640 --> 41:52.640] You know Tehran in Iran, they don't have any traffic signs.
[41:52.640 --> 41:55.640] They don't have any traffic laws.
[41:55.640 --> 41:59.640] And the accident rate there is no greater than here.
[41:59.640 --> 42:09.640] So the argument for traffic laws specifically is not such a strong argument.
[42:09.640 --> 42:25.640] We have laws concerning reckless endangerment and we had all of the laws we need to deal with reckless behavior before we had automobiles.
[42:25.640 --> 42:38.640] And we got automobiles and they put in this licensing requirement, but they couldn't require everybody to be licensed because that's licensing is only for professions.
[42:38.640 --> 42:48.640] And what the states tended to do was take an easy way out.
[42:48.640 --> 43:01.640] They could have enacted a separate set of laws that governed anyone who operated a motor vehicle and they could have required a permit instead of a license.
[43:01.640 --> 43:07.640] There are a lot of things they could have done, but they didn't.
[43:07.640 --> 43:19.640] So from my position, there are laws I don't like, but as long as there are laws, we need to enforce them or change them.
[43:19.640 --> 43:22.640] Until they're changed, enforce them.
[43:22.640 --> 43:32.640] If you want a law and you don't have it, you don't get to go capture something else and apply it to somebody who doesn't apply it to them.
[43:32.640 --> 43:37.640] That's how things get out of hand and they have got out of hand.
[43:37.640 --> 43:40.640] Sometimes it's fun bringing it back.
[43:40.640 --> 43:42.640] Okay, hang on.
[43:42.640 --> 43:45.640] Sarah, I see you there. Thank you for hanging on.
[43:45.640 --> 43:49.640] We will finish up with Rob quickly on the other side.
[43:49.640 --> 43:51.640] And then we will go to you.
[43:51.640 --> 44:01.640] This is Randy Kelton, Deborah Stevens, Lady Craig, Lula Radio, our call in number 512-646-1984.
[44:01.640 --> 44:08.640] Mr. President, members of Congress, you've been making a lot of noise about taking our guns away,
[44:08.640 --> 44:10.640] but you might want to review history.
[44:10.640 --> 44:14.640] 1835, Gonzales, Texas Territory.
[44:14.640 --> 44:19.640] The authorities wanted to confiscate the big gun that protected that colony.
[44:19.640 --> 44:21.640] You know what the people said?
[44:21.640 --> 44:29.640] Come and take it, because they were willing to fight for their freedom and their guns.
[44:29.640 --> 44:31.640] So are we.
[44:54.640 --> 44:56.640] One shot at a time.
[44:56.640 --> 44:58.640] Just like Gonzales.
[44:58.640 --> 45:00.640] We're keeping our guns.
[45:28.640 --> 45:30.640] We're keeping our guns.
[45:58.640 --> 46:01.640] 6-6 Law Easy
[46:29.640 --> 46:34.640] When I'm hungry, I like to know just what I'm fishing for.
[46:34.640 --> 46:37.640] I ain't asking for much.
[46:37.640 --> 46:40.640] I ain't trying to be no blood.
[46:40.640 --> 46:46.640] I'm just here making my living pushing buttons.
[46:46.640 --> 46:48.640] I get my message out.
[46:48.640 --> 46:52.640] Do anyone who's shouting distance.
[46:52.640 --> 46:58.640] A vote for bravery and against slavery showing resistance.
[46:58.640 --> 47:03.640] First I'm crawling, then I'm walking, then I start strutting.
[47:03.640 --> 47:05.640] Just so glad to make it.
[47:05.640 --> 47:06.640] Okay, we are back.
[47:06.640 --> 47:16.640] Randy Kelton, Debbie Stevens, Andy Craig, Rue La Radio, and we're talking to Rob in New Mexico.
[47:16.640 --> 47:17.640] Okay.
[47:17.640 --> 47:21.640] Hey, how full is the call board there?
[47:21.640 --> 47:23.640] Yes, we've had one more caller.
[47:23.640 --> 47:30.640] Let me cut out and let you take her, because I've got a couple other things to tell you, and I don't want to make her wait.
[47:30.640 --> 47:31.640] Oh, okay.
[47:31.640 --> 47:32.640] Is that all right?
[47:32.640 --> 47:33.640] And I'll call you right back.
[47:33.640 --> 47:35.640] Well, she's not up at the moment.
[47:35.640 --> 47:38.640] I think Chris is screening her.
[47:38.640 --> 47:48.640] Okay, well, I wanted to tell you about my conversation with the alleged lender that I recorded.
[47:48.640 --> 47:58.640] You know, I mentioned before that I have a launch to the note that's dated the same day as the note and mortgager dated.
[47:58.640 --> 48:09.640] And so I called and spoke to somebody high up at the alleged lender, told him that I had this document, and I didn't recall ever meeting with anyone from his company.
[48:09.640 --> 48:17.640] And he said, well, we pretty much do everything over the phone, and then we mail the documents out and you sign them and mail them back.
[48:17.640 --> 48:23.640] And I said, oh, so how did this document get this launch to the note?
[48:23.640 --> 48:24.640] What is that?
[48:24.640 --> 48:26.640] And he said, well, that's when we sell it.
[48:26.640 --> 48:29.640] I said, so you sold it without having the loan documents?
[48:29.640 --> 48:34.640] And he said, no, no, of course we wouldn't do that.
[48:34.640 --> 48:39.640] And I said, well, then how is it dated the same day that the note and the mortgager dated?
[48:39.640 --> 48:41.640] He said, well, that's not unusual.
[48:41.640 --> 48:43.640] You know, sometimes they get done the same day.
[48:43.640 --> 48:46.640] And I said, so you would do it without having the loan documents?
[48:46.640 --> 48:51.640] And he said, no, no, we would have to have all the loan documents before we could sell it.
[48:51.640 --> 49:00.640] And I said, so then how do you have a launch indicating that you sold it the same day without having the documents?
[49:00.640 --> 49:07.640] And he started getting real nervous.
[49:07.640 --> 49:16.640] So then we went back and forth on that for a while and I said, I'm not picking on you here, I'm just a dumb truck driver, I'm just trying to wrap my head around this stuff.
[49:16.640 --> 49:17.640] I don't understand all this.
[49:17.640 --> 49:23.640] You got all these documents and they have my name on them and they reference my property.
[49:23.640 --> 49:30.640] I don't remember meeting with anybody from your company and you're telling me that they were probably mailed out to me and mailed back.
[49:30.640 --> 49:32.640] But you've got this launch date at the same day.
[49:32.640 --> 49:34.640] I don't understand that.
[49:34.640 --> 49:39.640] And he was just getting really, really defensive.
[49:39.640 --> 49:52.640] And then I pointed out to him that I have from the bank from Bank of America that they have a copy of the mortgage stamped, paid in full.
[49:52.640 --> 50:01.640] But there's no release of the mortgage on the record in the county and that I haven't received the original documents back.
[50:01.640 --> 50:04.640] And he got a little more nervous.
[50:04.640 --> 50:15.640] And then it told him that there was an assignment of the mortgage dated a year and a half after the date on that launch from his company to Bank of America.
[50:15.640 --> 50:19.640] And he said, well, that shouldn't have happened.
[50:19.640 --> 50:23.640] That's not right.
[50:23.640 --> 50:25.640] Well, duh.
[50:25.640 --> 50:30.640] And I got the whole thing on, you know, I'm a little digital recorder.
[50:30.640 --> 50:33.640] We're a one-party state, so I can do that.
[50:33.640 --> 50:35.640] I don't even have to do it.
[50:35.640 --> 50:37.640] Most states are that way.
[50:37.640 --> 50:39.640] Yeah.
[50:39.640 --> 50:44.640] But then the other good thing was my deposition a week ago today.
[50:44.640 --> 50:54.640] Bank of America deposed me and they kind of bushwhacked me by bringing the attorney for the fraud closure mill and the head of the fraud closure mill in.
[50:54.640 --> 50:58.640] Didn't tell me they were going to be there.
[50:58.640 --> 51:01.640] But they were saying that they had six or seven hours.
[51:01.640 --> 51:04.640] They weren't sure if it was six or seven, depending on if it was state or federal.
[51:04.640 --> 51:06.640] Couldn't remember which was which.
[51:06.640 --> 51:10.640] So I pointed out to them that our scheduling agreement said it was four.
[51:10.640 --> 51:14.640] And they said, oh, okay.
[51:14.640 --> 51:18.640] They cut out after two and a half hours.
[51:18.640 --> 51:20.640] Let me interrupt for a second.
[51:20.640 --> 51:22.640] This is Ken Magnuson.
[51:22.640 --> 51:27.640] The depositions and there were other people there that were or were not parties to the suit.
[51:27.640 --> 51:32.640] This was the head of the fraud closure mill that's a party to the suit.
[51:32.640 --> 51:34.640] I sued them along with the bank and their attorney.
[51:34.640 --> 51:35.640] Okay.
[51:35.640 --> 51:39.640] All parties are allowed to be at a deposition, whether they give notice that they're going to be there or not.
[51:39.640 --> 51:41.640] Yeah, I was just kind of surprised.
[51:41.640 --> 51:44.640] So I didn't think there's anything wrong with that.
[51:44.640 --> 51:45.640] I just thought it was kind of.
[51:45.640 --> 51:53.640] Just to clarify so people understand if there's a deposition, the attorney's allowed to be there and maybe an assistant for the attorney.
[51:53.640 --> 52:04.640] But anybody else that wants to sit in other than, you know, a specific principle, like if you sued a person and the person that's actually the defendant in the case, they would have a right to be there.
[52:04.640 --> 52:10.640] But anybody else other than that and the person doing the deposition during the stenography can't be there.
[52:10.640 --> 52:14.640] You can have each person identify who they are and what capacity they're there.
[52:14.640 --> 52:20.640] And if they're not an attorney representing the party, they're gone out the door.
[52:20.640 --> 52:30.640] Well, that's where this got interesting because I brought a friend, not an attorney, to sit there and witness the proceedings on my side.
[52:30.640 --> 52:36.640] I called the clerk of the court to ask if that was okay and they said they weren't aware of any rule against that.
[52:36.640 --> 52:44.640] And so the attorney for the bank asked who he was and I told him and he said, so is he a witness to this case?
[52:44.640 --> 52:49.640] Because there's an exclusionary rule and if he's going to be a witness in the case, he can't be here.
[52:49.640 --> 52:53.640] And I said, no, no, he's not a witness to the case.
[52:53.640 --> 52:57.640] As far as I know, he doesn't really know anything about it other than that I sued you guys.
[52:57.640 --> 53:00.640] And they said, well, what's he a witness to?
[53:00.640 --> 53:04.640] And I said, you're conduct.
[53:04.640 --> 53:06.640] And they said, well, what do you mean by that?
[53:06.640 --> 53:14.640] And I said, well, I think that you're honest and unethical and he is a witness to your conduct during this deposition.
[53:14.640 --> 53:20.640] And if you behave inappropriately towards me, he will be a witness to that behavior.
[53:20.640 --> 53:25.640] Okay, this is Ken Magnuson again, just interrupting and I hate to do this.
[53:25.640 --> 53:35.640] But just so everybody's listening, most rules of procedure would allow you to, by motion, videotape the deposition.
[53:35.640 --> 53:40.640] And I'm just saying that in the future, you should always videotape the deposition.
[53:40.640 --> 53:42.640] Okay.
[53:42.640 --> 53:46.640] Yeah, no, that's good.
[53:46.640 --> 53:51.640] But that kind of upset the attorney a little bit when I said that.
[53:51.640 --> 53:58.640] But they asked me all the questions about, you know, threw the note down in front of me and said, you know, is this your signature?
[53:58.640 --> 54:02.640] And I said, no, it's not my signature.
[54:02.640 --> 54:04.640] And he said, this isn't your signature.
[54:04.640 --> 54:06.640] And I said, no, no, it's not.
[54:06.640 --> 54:13.640] He said, well, it looks like your signature to me. And I said, well, yeah, it kind of looks like my signature, but that's photocopy.
[54:13.640 --> 54:17.640] I'd have to see an original document to know if that was really my signature or not.
[54:17.640 --> 54:19.640] They didn't like that at all.
[54:19.640 --> 54:22.640] And they were asking me about payments.
[54:22.640 --> 54:25.640] And I said, well, you know, I'm not aware of making any payments.
[54:25.640 --> 54:28.640] And they said, so you just didn't make any payments.
[54:28.640 --> 54:30.640] And I said, not that I recall.
[54:30.640 --> 54:37.640] I said, well, did you get any documents saying you didn't owe any money? I said, why would I wait for somebody to tell me I didn't owe money?
[54:37.640 --> 54:42.640] I expect people to prove to me that I owe money if they alleged that I owe money.
[54:42.640 --> 54:48.640] And I objected to those questions because they related to documents that didn't name the bank.
[54:48.640 --> 54:55.640] And I said, you know, whether I did owe money or not is not relevant to whether I owed money to your client.
[54:55.640 --> 54:59.640] And they didn't have a response to that.
[54:59.640 --> 55:04.640] Sounds like you handled yourself pretty good.
[55:04.640 --> 55:05.640] I hope so.
[55:05.640 --> 55:06.640] I concur.
[55:06.640 --> 55:08.640] For a truck driver.
[55:08.640 --> 55:16.640] The person taking down the deposition told me after they left that I did really well, so.
[55:16.640 --> 55:17.640] Good, good.
[55:17.640 --> 55:18.640] Okay.
[55:18.640 --> 55:20.640] You're entitled to a copy of it as well.
[55:20.640 --> 55:21.640] Yeah.
[55:21.640 --> 55:22.640] Yeah.
[55:22.640 --> 55:26.640] He's sending it to me at some point, hopefully soon.
[55:26.640 --> 55:30.640] It was a week ago and I haven't had it yet, but maybe it'll show up tomorrow.
[55:30.640 --> 55:31.640] Okay.
[55:31.640 --> 55:33.640] Hang on if you can, Rob.
[55:33.640 --> 55:34.640] Huh?
[55:34.640 --> 55:36.640] Sarah is a first time caller.
[55:36.640 --> 55:39.640] I'd like to go to her and then we'll come back to you.
[55:39.640 --> 55:40.640] Okay.
[55:40.640 --> 55:41.640] Okay.
[55:41.640 --> 55:44.640] Thank you.
[55:44.640 --> 55:45.640] Hello, Sarah.
[55:45.640 --> 55:48.640] This is Randy Kelton.
[55:48.640 --> 55:51.640] I take it you're a first time caller.
[55:51.640 --> 55:53.640] Yes.
[55:53.640 --> 55:54.640] Good.
[55:54.640 --> 55:55.640] What do you have for us?
[55:55.640 --> 55:58.640] A question or a comment?
[55:58.640 --> 56:03.640] Yeah, I, my license is suspended.
[56:03.640 --> 56:07.640] And it's, I believe up for renewal.
[56:07.640 --> 56:12.640] Actually, I just looked it up online.
[56:12.640 --> 56:20.640] And my question was, I have some old tickets that are about 10 years old.
[56:20.640 --> 56:23.640] And of course, I'm sure they're probably in warrants that is.
[56:23.640 --> 56:29.640] And I wanted to know how I could go about getting rid of those because I,
[56:29.640 --> 56:33.640] I'm pretty sure they're probably going to block me from being able to
[56:33.640 --> 56:37.640] lift that suspension, which would be.
[56:37.640 --> 56:38.640] Okay.
[56:38.640 --> 56:41.640] Where are the warrants out of?
[56:41.640 --> 56:42.640] Brownsville.
[56:42.640 --> 56:43.640] I see you.
[56:43.640 --> 56:45.640] I see you're a 972, Eric.
[56:45.640 --> 56:47.640] Is it in the Dallas, Fort Worth area?
[56:47.640 --> 56:49.640] Yeah, I'm in Carrollton.
[56:49.640 --> 56:52.640] I'm in Carrollton, but these were from, I used to live in Brownsville
[56:52.640 --> 56:55.640] or Los Restos, which is a little town.
[56:55.640 --> 56:57.640] Oh, you're in, you're in California.
[56:57.640 --> 56:59.640] Oh, no, I'm in Carrollton.
[56:59.640 --> 57:00.640] I'm in Carrollton.
[57:00.640 --> 57:01.640] Okay.
[57:01.640 --> 57:02.640] Okay.
[57:02.640 --> 57:03.640] Carrollton.
[57:03.640 --> 57:04.640] Okay.
[57:04.640 --> 57:05.640] I'm sorry.
[57:05.640 --> 57:06.640] I thought you said California.
[57:06.640 --> 57:07.640] Okay.
[57:07.640 --> 57:08.640] So they're in Brownsville.
[57:08.640 --> 57:09.640] Yeah.
[57:09.640 --> 57:10.640] And they're 10 years old.
[57:10.640 --> 57:13.640] Yeah, they're probably, they're probably going to show up.
[57:13.640 --> 57:21.640] And what you do is demand a jury trial.
[57:21.640 --> 57:24.640] So I would go, go down.
[57:24.640 --> 57:25.640] Go ahead.
[57:25.640 --> 57:26.640] Pardon me.
[57:26.640 --> 57:27.640] Do you have to go down there?
[57:27.640 --> 57:28.640] I would.
[57:28.640 --> 57:29.640] No, no.
[57:29.640 --> 57:30.640] I'm hiring an attorney.
[57:30.640 --> 57:31.640] Oh, okay.
[57:31.640 --> 57:32.640] Okay.
[57:32.640 --> 57:35.640] They didn't get an attorney for relative chump change.
[57:35.640 --> 57:42.640] And if it's 10 years old, you ask for a jury trial, they're not going to have a witness.
[57:42.640 --> 57:44.640] Oh, okay.
[57:44.640 --> 57:50.640] This goes to how it really works in the world we live in.
[57:50.640 --> 57:54.640] This is, this is Ken Magnuson chiming in again here.
[57:54.640 --> 57:58.640] One of the aspects of this is that these are failure to appear.
[57:58.640 --> 58:01.640] And you're just assuming that they're warrants out for you.
[58:01.640 --> 58:08.640] Did they, in fact, send you and did you, in fact, receive a notice to appear?
[58:08.640 --> 58:10.640] Well, I moved.
[58:10.640 --> 58:13.640] So I don't know if they mailed it.
[58:13.640 --> 58:14.640] No, no, no.
[58:14.640 --> 58:15.640] Okay.
[58:15.640 --> 58:16.640] Stop.
[58:16.640 --> 58:17.640] Okay.
[58:17.640 --> 58:18.640] We're about to go to break.
[58:18.640 --> 58:20.640] We'll pick it up on the afternoon.
[58:20.640 --> 58:21.640] Okay.
[58:21.640 --> 58:22.640] This is Randy Kelton.
[58:22.640 --> 58:23.640] Deborah Stevens.
[58:23.640 --> 58:26.640] Eddie Craig.
[58:26.640 --> 58:31.640] With our radio, our call in number 512-646-1984.
[58:31.640 --> 58:34.640] We're going to our top of the hour break.
[58:34.640 --> 58:37.640] So we'll be back in about three minutes.
[58:37.640 --> 58:38.640] Okay.
[58:38.640 --> 58:40.640] We generally pick up toward the end.
[58:40.640 --> 58:44.640] So give us a call 512-646-1984.
[58:44.640 --> 58:47.640] We'll be right back.
[58:47.640 --> 58:49.640] We'll be right back.
[59:18.640 --> 59:27.640] 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.
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[59:49.640 --> 59:59.640] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[59:59.640 --> 01:00:14.640] You're listening to the Liberty Beats, your daily source for Liberty News and activist updates online at dlibertybeats.com.
[01:00:14.640 --> 01:00:29.640] John Bush here with your Liberty Beat for April 5, 2013.
[01:00:29.640 --> 01:00:44.640] And by Silver Circle Movie, special screening Thursday, April 18 at Flix Brewhouse in Round Rock, Texas.
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[01:01:00.640 --> 01:01:25.640] And by Silver Circle Movie, special screening Thursday, April 18 at Flix Brewhouse in Round Rock, Texas.
[01:01:25.640 --> 01:01:39.640] The state of Maryland's Watershed Protection and Restoration Program passed the legislature last year, mandating Howard County residents to pay an annual fee of $105 for stormwater management.
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[01:02:11.640 --> 01:02:15.640] These new additions would essentially change the definition of milk and would not require labeling.
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[01:02:40.640 --> 01:02:45.640] This is the Liberty Beat for April 5, 2013.
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[01:03:42.640 --> 01:03:44.640] Okay, we are back.
[01:03:44.640 --> 01:03:50.640] Randy Kelton, David Stevens with our radio and we're talking to Sarah in Texas.
[01:03:50.640 --> 01:03:59.640] Guess on the break, I was accosted about telling you about the statute of limitations.
[01:03:59.640 --> 01:04:12.640] If you fail to appear, the speedy trial clock stops until you reappear, so that wouldn't work.
[01:04:12.640 --> 01:04:18.640] And they did ask, can they keep a warrant open forever?
[01:04:18.640 --> 01:04:23.640] And yeah, technically they can, but they almost never do.
[01:04:23.640 --> 01:04:26.640] So there's very unlikely there's a warrant.
[01:04:26.640 --> 01:04:36.640] And if it's traffic, even if there is a warrant, they won't file the warrant farther than they're willing to transport.
[01:04:36.640 --> 01:04:49.640] So if this is from Brownsville, nobody here will find the warrant, but they will have assessed a fine against you in absentee.
[01:04:49.640 --> 01:04:51.640] Okay, let me interrupt again.
[01:04:51.640 --> 01:04:56.640] I was trying to determine whether or not she actually was sent and received a notice.
[01:04:56.640 --> 01:05:01.640] Now, she was going to get into this that she moved, and that's really not the issue.
[01:05:01.640 --> 01:05:05.640] If you never received notice, that's an issue.
[01:05:05.640 --> 01:05:09.640] That's an issue where you can sign an affidavit saying, I never received notice.
[01:05:09.640 --> 01:05:15.640] However, when you moved, you were under a requirement to send them a change of address.
[01:05:15.640 --> 01:05:28.640] Now... Oh, okay. I didn't send any change of address to the court or the city, and I definitely didn't send a change of address.
[01:05:28.640 --> 01:05:34.640] I might have filled a change of address form with the post office. I don't know if that's enough.
[01:05:34.640 --> 01:05:36.640] That's not enough.
[01:05:36.640 --> 01:05:38.640] Technically, the rule is the other way.
[01:05:38.640 --> 01:05:46.640] You could always, you know, file an affidavit saying you never received notice, and you now live at this address and give them the new address,
[01:05:46.640 --> 01:05:50.640] and indicate that you would like to request a jury trial now.
[01:05:50.640 --> 01:06:00.640] Now, if they don't ask the question about whether or not you moved and they didn't send you, you didn't send them a change of address, they waived the issue.
[01:06:00.640 --> 01:06:09.640] And even if they do, you can move to reinstate for excusable error.
[01:06:09.640 --> 01:06:10.640] Right.
[01:06:10.640 --> 01:06:21.640] That you did notify the post office and you made an error in not also notifying the court.
[01:06:21.640 --> 01:06:25.640] Well, the post office should have sent it back.
[01:06:25.640 --> 01:06:35.640] The question is if that's the only way they'll know. So if the notice was sent and it wasn't sent back, there's a good chance they don't even know you moved.
[01:06:35.640 --> 01:06:41.640] So if they forget to ask the question, they'll waive the issue.
[01:06:41.640 --> 01:06:42.640] Okay.
[01:06:42.640 --> 01:06:48.640] So I should file an affidavit to state that I never received notice of their...
[01:06:48.640 --> 01:07:03.640] Right to the court and say, you know, play stupid and go, you know, I seem to recall I had some sort of issue here in Brownsville and I don't recall receiving any kind of notification from the court.
[01:07:03.640 --> 01:07:07.640] Could you give me the status of this case? Do you have the case number?
[01:07:07.640 --> 01:07:11.640] Is it one or two cases or just one case?
[01:07:11.640 --> 01:07:16.640] I'm not sure. Well, failure to appear probably would have been tacked on to whatever the original...
[01:07:16.640 --> 01:07:19.640] Different case. There's only one citation you were issued, right?
[01:07:19.640 --> 01:07:21.640] Yeah. I think it was only one. Yeah.
[01:07:21.640 --> 01:07:23.640] Okay. Hold on. Hold on. Hold on.
[01:07:23.640 --> 01:07:30.640] Before you poke that bear, go down and apply for a license and see if it comes up.
[01:07:30.640 --> 01:07:33.640] If it doesn't come up, it doesn't matter.
[01:07:33.640 --> 01:07:37.640] Okay. The warrant won't... You don't have to worry about the warrant.
[01:07:37.640 --> 01:07:56.640] The warrant won't come up. A jurisdiction will only post the warrant for as far as they're prepared to transport and they're not going to transport you from Carrollton to Brownsville over a traffic ticket.
[01:07:56.640 --> 01:08:02.640] So in Carrollton, they will not find a warrant. You can be certain of that.
[01:08:02.640 --> 01:08:07.640] But what they may find is a fee, an unpaid fee.
[01:08:07.640 --> 01:08:19.640] I did see the surcharges. But then I found out that that was only for, I think, the state.
[01:08:19.640 --> 01:08:26.640] It actually didn't really have anything to do. It was like filing fees, sort of, I guess, that's what they were.
[01:08:26.640 --> 01:08:29.640] So they weren't actually paying off the tickets.
[01:08:29.640 --> 01:08:39.640] Okay. Then if they didn't ask for it, they would have told you if you made an application and they had that information, they would have told you.
[01:08:39.640 --> 01:08:46.640] They would have added that to it. They did that to me with a couple of tickets that I told them to stick it.
[01:08:46.640 --> 01:08:49.640] I couldn't get my license until I paid for it.
[01:08:49.640 --> 01:08:51.640] I didn't have time to mess with it, so I paid for it.
[01:08:51.640 --> 01:08:53.640] But you won't have to worry about a warrant.
[01:08:53.640 --> 01:09:01.640] Just go down there. Okay. Your license was expired, suspended?
[01:09:01.640 --> 01:09:11.640] Yes, suspended. Actually, I just looked up the status of it on the DPS website, which I'm actually on right now.
[01:09:11.640 --> 01:09:19.640] And there was a ticket that I got here in Carrollton, but I took care of it.
[01:09:19.640 --> 01:09:26.640] I showed up and went through the process. And I didn't contest it or anything like that because I wasn't experienced enough.
[01:09:26.640 --> 01:09:32.640] But I did community service and it's been good. I mean, there's nothing...
[01:09:32.640 --> 01:09:37.640] Okay. Does the ticket in Brownsville show up?
[01:09:37.640 --> 01:09:41.640] I don't... Oh, on the DPS website?
[01:09:41.640 --> 01:09:44.640] Yeah.
[01:09:44.640 --> 01:09:49.640] No, it doesn't. There's only about three tickets showing up here.
[01:09:49.640 --> 01:09:54.640] Okay. And that's probably... They probably do that in a trash can.
[01:09:54.640 --> 01:10:04.640] Oh, thank God. But my second question, I guess, or follow-up question is, now that I'm looking at this, it says that there's a mandatory suspension
[01:10:04.640 --> 01:10:09.640] because I was driving while my license was invalid when they gave me that last ticket.
[01:10:09.640 --> 01:10:20.640] That is for two years now. So, before I was eligible for reinstatement, May of this year, next month.
[01:10:20.640 --> 01:10:29.640] But now they have on here that I won't be eligible until February of 2015.
[01:10:29.640 --> 01:10:33.640] And I wanted to know if I could contest that.
[01:10:33.640 --> 01:10:43.640] Yes. Well, you can... Okay. Here you're already trapped inside the matrix, so to speak.
[01:10:43.640 --> 01:10:48.640] So, you kind of have to deal with the matrix.
[01:10:48.640 --> 01:11:01.640] You can petition for a shortening of the suspension or a hardship license so you can go to work and back.
[01:11:01.640 --> 01:11:05.640] They can't deprive you of your ability to go to work and back.
[01:11:05.640 --> 01:11:10.640] So, there are a number of things you can do. You might talk to the agency and see what your options are.
[01:11:10.640 --> 01:11:23.640] Or talk to a lawyer. They'll give you a free consultation and ask them what can be done to get your license reinstated.
[01:11:23.640 --> 01:11:32.640] So, you may have heard us talking about how the license doesn't apply and they don't have any authority to enforce and all that stuff.
[01:11:32.640 --> 01:11:42.640] Well, that's all well and good, but if you are not prepared to have that fight, don't have that fight.
[01:11:42.640 --> 01:11:51.640] I have a guy named Mark Coker. He's in jail in Parker County because he wanted to fight that fight, but he didn't want to do his homework.
[01:11:51.640 --> 01:11:59.640] And he told me about it. He had some Republic of Texas plates on his car and I advised him,
[01:11:59.640 --> 01:12:05.640] if you are not prepared to do the homework, don't fight that fight.
[01:12:05.640 --> 01:12:12.640] But he just didn't want to pay for the license. It was a moral objection.
[01:12:12.640 --> 01:12:17.640] And didn't want to do his homework either. Now he's been in jail for over six months.
[01:12:17.640 --> 01:12:23.640] Oh my gosh. Don't go there. Do not go there.
[01:12:23.640 --> 01:12:31.640] Talk to them. You can almost certainly get a hardship license so you can drive back and forth to work.
[01:12:31.640 --> 01:12:43.640] Yeah, it says here under compliance instructions, it says SR 22 and must serve suspension period or apply for occupational driver's license.
[01:12:43.640 --> 01:12:49.640] But what is an SR 22? That's where they collect money from you.
[01:12:49.640 --> 01:12:57.640] You just have to pay them like 50 bucks a month or some nonsense. It's just another way of collecting money.
[01:12:57.640 --> 01:13:05.640] It doesn't really do anything. It just adds to what you just have to pay them so much a month for that.
[01:13:05.640 --> 01:13:17.640] And we fight these things. This is what we do. But we try to be reasonable about what we suggest that people do.
[01:13:17.640 --> 01:13:22.640] And if you're not in a good position to fight the fight, don't fight this fight.
[01:13:22.640 --> 01:13:28.640] Talk to them. Find the most expeditious way to get your license reinstated.
[01:13:28.640 --> 01:13:36.640] And once you have it reinstated and in good standing, then if you want to fight this fight, then go ahead. I'm fighting the fight.
[01:13:36.640 --> 01:13:42.640] But I have a driver's license.
[01:13:42.640 --> 01:13:54.640] And what that means is that I can act as a chauffeur and transport up to eight people for pay.
[01:13:54.640 --> 01:14:04.640] And I have a Department of Transportation number. I filed with the, registered with the Department of Transportation in Washington, D.C.
[01:14:04.640 --> 01:14:15.640] As a private operator, not in commerce. That's why I told that officer, did you read that number on the back of my car?
[01:14:15.640 --> 01:14:25.640] That's his notice. I was stopped in Austin and the police officer asked me for some ID and proof of insurance.
[01:14:25.640 --> 01:14:33.640] Why he asked me for ID? I don't know. But I gave him my Texas ID. It looks just like my Texas driver's license.
[01:14:33.640 --> 01:14:41.640] Except it says ID instead of DL before the number. He came back and he said, Mr. Kelton, this is a Texas ID.
[01:14:41.640 --> 01:14:54.640] I said, yes, it is. He said, Mr. Kelton, do you have a driver's license? I said, yes, I do. But I'm not using it right now.
[01:14:54.640 --> 01:15:04.640] And this guy got it. He had been in this fight before. He said, are you one of those guys? And I said, yes, I am here. Have a nice day.
[01:15:04.640 --> 01:15:17.640] He had been in the fight before. But yes, I have a license. And I can operate in commerce. But I never do.
[01:15:17.640 --> 01:15:29.640] So that's why I got the DOT sticker. Now, if I decide to operate in commerce, I can. But now he has public notice that I was not in commerce.
[01:15:29.640 --> 01:15:41.640] And that's why I asked him for his certification. Let me give you a little bit of idea of what I was talking about in order for a municipality.
[01:15:41.640 --> 01:15:53.640] This is under Texas administrative code rule 413, authority to enforce. And this is authority to enforce transportation code chapter 644.
[01:15:53.640 --> 01:16:04.640] An officer of the department may stop, enter a detain on a highway or at a port of entry motor vehicle that is subject to transportation, Texas Transportation Code 644.
[01:16:04.640 --> 01:16:18.640] A non commissioned employee of the department that is trained and certified to enforce the federal safety regulation may stop, entertain at a commercial motor vehicle inspection site or at a port of entry, blah, blah, blah.
[01:16:18.640 --> 01:16:39.640] It goes on down here to say municipal police officers from any of the following Texas cities meeting the training and certification retire requirements contained in subsection B of this section and certified by the department may stop,
[01:16:39.640 --> 01:16:51.640] enter a detain on a highway, detain on a highway or at a port of entry within the municipality a motor vehicle subject to Texas Transportation Code chapter 644.
[01:16:51.640 --> 01:16:59.640] If they are in a municipality, we will be right back. This is Randy Kelton, David Stevens, Eddie Craig. We'll be right back.
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[01:18:58.640 --> 01:19:09.640] This. It's the Logos Radio Network.
[01:19:09.640 --> 01:19:11.640] I can't get everything I want
[01:19:11.640 --> 01:19:13.640] Yeah
[01:19:13.640 --> 01:19:15.640] Oh come on
[01:19:15.640 --> 01:19:20.640] Oh
[01:19:35.640 --> 01:19:36.640] Oh come on
[01:19:36.640 --> 01:19:38.640] I can't get everything I want
[01:19:38.640 --> 01:19:41.640] Yeah
[01:19:41.640 --> 01:19:58.480] Okay, we are back, Randy Kelton, Debra Stevens, and we're talking to Sarah in Texas.
[01:19:58.480 --> 01:20:01.440] And this thing goes on and on.
[01:20:01.440 --> 01:20:07.720] And these are the municipalities that can enforce it, and they can only have it enforced
[01:20:07.720 --> 01:20:13.360] by officers that meet these Department of Transportation requirements, and there's another
[01:20:13.360 --> 01:20:19.760] section that lists those, there's a whole bunch of stuff they have to go through.
[01:20:19.760 --> 01:20:26.880] Now this is what the code says, but if the police officer pulls you over, for the most
[01:20:26.880 --> 01:20:32.280] part he does not have a clue as to what these codes say, and he's going to write you that
[01:20:32.280 --> 01:20:39.400] ticket anyway, and since the municipalities make a whole lot of money enforcing the traffic
[01:20:39.400 --> 01:20:47.800] code, they really don't care if they have authority to enforce it or not.
[01:20:47.800 --> 01:20:56.240] In the real world we live in, it doesn't work the way they told you it does in school.
[01:20:56.240 --> 01:21:02.040] In the real world, it doesn't matter what the law says, it matters what these guys with
[01:21:02.040 --> 01:21:14.080] guns and badges want to do, unless you know how to take their own tools and use it against
[01:21:14.080 --> 01:21:16.880] them.
[01:21:16.880 --> 01:21:27.400] And we spend our time looking for people who can do that, but most people cannot.
[01:21:27.400 --> 01:21:33.060] We are all put here for our own purpose.
[01:21:33.060 --> 01:21:39.040] Most people have other issues that they're dealing with, and they don't have time to
[01:21:39.040 --> 01:21:47.960] take this on, if I can get two or three percent of the people to take up these issues, that's
[01:21:47.960 --> 01:21:50.720] enough to change everything.
[01:21:50.720 --> 01:22:00.040] And my point about that is, is you should feel no moral obligation to fight these people
[01:22:00.040 --> 01:22:05.080] just because what they're doing is wrong.
[01:22:05.080 --> 01:22:14.400] This kind of thing has been going on since there have been judges and laws and civilized
[01:22:14.400 --> 01:22:15.400] society.
[01:22:15.400 --> 01:22:19.440] We're not going to fix it tomorrow.
[01:22:19.440 --> 01:22:24.640] But we can keep some semblance of order.
[01:22:24.640 --> 01:22:30.440] So Sarah, my suggestion to you is do the best you can to get this fixed, and if you want
[01:22:30.440 --> 01:22:37.840] to pick up this mantle and fight these fights, then come back later and we'll help you find
[01:22:37.840 --> 01:22:38.840] a way to do that.
[01:22:38.840 --> 01:22:44.680] If you don't, don't feel bad about that at all.
[01:22:44.680 --> 01:22:45.680] Can you guys hear me?
[01:22:45.680 --> 01:22:46.680] Yes, we can.
[01:22:46.680 --> 01:22:47.680] Hello?
[01:22:47.680 --> 01:22:48.680] Oh, okay.
[01:22:48.680 --> 01:22:49.680] Sorry.
[01:22:49.680 --> 01:22:52.280] I wasn't sure if this was on mute again.
[01:22:52.280 --> 01:22:58.880] Well, I do want to, actually, because I'm really tired of being on the road and looking
[01:22:58.880 --> 01:23:02.920] over my shoulder and fearing whether or not a cop's going to pull me over and how much
[01:23:02.920 --> 01:23:08.480] that's going to cost me, and if I'm going to get arrested or whatever, so I'm so done
[01:23:08.480 --> 01:23:13.240] with just having to stress myself out.
[01:23:13.240 --> 01:23:16.040] I haven't even driven since this last ticket.
[01:23:16.040 --> 01:23:20.880] It's been months and it's ridiculous.
[01:23:20.880 --> 01:23:26.840] I mean, I don't think getting in a car and driving to the grocery store to buy groceries
[01:23:26.840 --> 01:23:36.200] should be this much of a problem, and I just think it's abusive to have to pay all of this
[01:23:36.200 --> 01:23:41.240] money for all these tickets or sit in jail for weeks or do community service, waste my
[01:23:41.240 --> 01:23:44.240] time doing that.
[01:23:44.240 --> 01:23:51.960] When I have not heard anyone gotten any accidents or damaged any vehicles, it just seems like
[01:23:51.960 --> 01:24:00.080] it just seems like... Okay, okay, I understand your frustration.
[01:24:00.080 --> 01:24:07.200] The reality is, if you're going to fight these guys, you have to get yourself in a position
[01:24:07.200 --> 01:24:11.320] to where they don't have leverage over you.
[01:24:11.320 --> 01:24:13.040] Yeah, that's the problem.
[01:24:13.040 --> 01:24:17.240] Yeah, I know they have too much leverage and I don't have enough.
[01:24:17.240 --> 01:24:18.480] Get that fixed.
[01:24:18.480 --> 01:24:21.920] Get that issue fixed, and then we can come back and find them.
[01:24:21.920 --> 01:24:24.520] Then you can do what I've been doing today.
[01:24:24.520 --> 01:24:31.440] I went down this morning to the city of Aisle and I dropped off this information request
[01:24:31.440 --> 01:24:33.840] and they got real temps.
[01:24:33.840 --> 01:24:43.680] They always get real temps, and the woman asked me, Mr. Kelton, can you be more specific
[01:24:43.680 --> 01:24:44.680] here?
[01:24:44.680 --> 01:24:48.760] What exactly is it that you're asking for?
[01:24:48.760 --> 01:24:56.400] I said I am asking for exactly what it says, and I turned and walked out of the building
[01:24:56.400 --> 01:24:58.760] and left her standing there.
[01:24:58.760 --> 01:25:06.360] We'll talk to you about how to deal with these people, and I live in a small county, Wise
[01:25:06.360 --> 01:25:08.880] County, Texas.
[01:25:08.880 --> 01:25:14.800] A sheriff's deputy called me over, I was walking through my yard, and he called me over and
[01:25:14.800 --> 01:25:16.680] he had a phone in his ear.
[01:25:16.680 --> 01:25:20.200] He said, Mr. Kelton, did you see me parked there by the side of the road when you came
[01:25:20.200 --> 01:25:21.200] into town?
[01:25:21.200 --> 01:25:22.200] I said, yeah, I saw you.
[01:25:22.200 --> 01:25:25.800] We were talking on your cell phone there, and you were speeding.
[01:25:25.800 --> 01:25:27.040] I said, oh, it was.
[01:25:27.040 --> 01:25:28.720] I thought I'd slowed down enough.
[01:25:28.720 --> 01:25:33.520] No, you didn't, and you almost ran off the road in front of that church over there.
[01:25:33.520 --> 01:25:34.520] Oh, I did.
[01:25:34.520 --> 01:25:37.440] Now, I just got to run on the shoulder a little bit.
[01:25:37.440 --> 01:25:43.200] I didn't really know I was off the road, and you didn't make a full stop at that red
[01:25:43.200 --> 01:25:47.920] light down there, and you didn't use your turn signal, and Mr. Kelton, I thought you
[01:25:47.920 --> 01:25:49.560] were running from me.
[01:25:49.560 --> 01:25:52.920] I said, I saw you back there, and you didn't have your light, so you can't run from somebody
[01:25:52.920 --> 01:25:54.920] who's not chasing you.
[01:25:54.920 --> 01:26:00.400] Well, Mr. Kelton, you really need to be more careful, and you left.
[01:26:00.400 --> 01:26:06.000] Now, you know why he did that?
[01:26:06.000 --> 01:26:08.760] I'll tell you exactly why he did that.
[01:26:08.760 --> 01:26:15.920] He called in my name and my license number, and the dispatcher said, don't you dare give
[01:26:15.920 --> 01:26:19.040] that SOB no ticket.
[01:26:19.040 --> 01:26:23.800] You give him his license and get him out of here.
[01:26:23.800 --> 01:26:32.120] That's because I beat him up before, and we can show you how to beat him up, but you can't
[01:26:32.120 --> 01:26:34.480] do it if they got leverage over you.
[01:26:34.480 --> 01:26:40.960] Do you think having the occupational license would... Well, I guess if I had that, I probably
[01:26:40.960 --> 01:26:41.960] wouldn't.
[01:26:41.960 --> 01:26:48.000] I mean, any ticket that comes my way from here on out, or after I finally get my license
[01:26:48.000 --> 01:26:56.000] back, I would be more than happy to take head on, but right now, I guess my major concern
[01:26:56.000 --> 01:27:02.400] is just... You said when you were talking earlier about not driving for commercial
[01:27:02.400 --> 01:27:10.120] use, and when you gave the officer your ID, does that mean that just having that ID does
[01:27:10.120 --> 01:27:16.400] enable you to drive without a license as long as you're not carrying more than... No.
[01:27:16.400 --> 01:27:17.400] You can drive.
[01:27:17.400 --> 01:27:18.400] Okay.
[01:27:18.400 --> 01:27:23.920] Under law, you don't have to have a license at all unless you're operating in commerce.
[01:27:23.920 --> 01:27:24.920] Oh.
[01:27:24.920 --> 01:27:25.920] I see.
[01:27:25.920 --> 01:27:35.320] These officers know that a truck driver falls under the transportation code if he is hauling
[01:27:35.320 --> 01:27:42.960] product for pay, and he's got to put all his miles on his log.
[01:27:42.960 --> 01:27:50.320] But if he drops off the load at a warehouse, and he has to drive, say, 100 miles to another
[01:27:50.320 --> 01:27:55.800] warehouse to pick up another load, he's not being paid in that time.
[01:27:55.800 --> 01:27:58.520] That's not on his log.
[01:27:58.520 --> 01:28:04.280] He's not in commerce at that time, so he doesn't fall under DOT, and he won't fall
[01:28:04.280 --> 01:28:07.800] under DOT until he picks up another load.
[01:28:07.800 --> 01:28:17.720] Now, these cops all are very well aware of that, but they pretend like they're not, because
[01:28:17.720 --> 01:28:21.720] for the most part, the public is not aware of that.
[01:28:21.720 --> 01:28:23.720] Okay.
[01:28:23.720 --> 01:28:35.400] So, right now, whether they're right or wrong, Mark is in jail there in Parker County, and
[01:28:35.400 --> 01:28:37.800] incarceration is illegal.
[01:28:37.800 --> 01:28:40.880] Oh, well.
[01:28:40.880 --> 01:28:48.200] He wasn't in commerce, but he's still in jail, and that's my point.
[01:28:48.200 --> 01:28:57.800] Now, I went down there, and they didn't arrest me. I tried to get them to arrest the judge,
[01:28:57.800 --> 01:29:03.760] and they threatened me and jumped up and down and waved their arms when I tried to file
[01:29:03.760 --> 01:29:11.600] criminal charges against the judge, and threw me out of the courthouse, so I'm filing first
[01:29:11.600 --> 01:29:18.240] degree felony aggravated assault against the guys that threw me out of the courthouse.
[01:29:18.240 --> 01:29:21.920] And when I take it to the sheriff's department, he's going to refuse to act on it. I'm going
[01:29:21.920 --> 01:29:27.600] to charge him with felony shielding from prosecution, and, bubba, we dance, since you
[01:29:27.600 --> 01:29:29.960] guys want to play hardball.
[01:29:29.960 --> 01:29:35.960] I will introduce you to the deep end of the pool, but you're not going to have a shot
[01:29:35.960 --> 01:29:41.360] at me in the process, and that's where we have to be, and we can show you how to do
[01:29:41.360 --> 01:29:46.960] that. We can show you how to take them on, but not from a one down position. Get that
[01:29:46.960 --> 01:29:52.440] fixed, listen to us on a regular basis, and then when you see those lights in your rearview
[01:29:52.440 --> 01:29:56.880] mirror, you won't get that sick feeling in the pity of your stomach. This is Randy
[01:29:56.880 --> 01:30:00.720] Calton, Deborah Stevens, and Craig will be right.
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[01:33:59.480 --> 01:34:08.240] Okay, we are back. Randy Kelton, Debbie Stephens, Eddie Craig. We have our radio. And Sarah,
[01:34:08.240 --> 01:34:18.080] I know we probably didn't give you any magic, but don't have any magic. I do have the reality,
[01:34:18.080 --> 01:34:24.400] and there is a lot you can do. But first, you have to get yourself positioned to where
[01:34:24.400 --> 01:34:31.400] you can. And that's my story, and I'm sticking to it.
[01:34:31.400 --> 01:34:36.960] Well, no, actually, the advice that you gave about hiring an attorney and asking for a jury
[01:34:36.960 --> 01:34:45.960] trial to which no witness would probably appear was so simple and yet genius, and that's exactly
[01:34:45.960 --> 01:34:52.600] what I'll do to take care of those old tickets. And thank God, currently, everything's taken
[01:34:52.600 --> 01:34:57.560] care of. It's just that suspension to which I'll probably just apply for an occupational
[01:34:57.560 --> 01:35:05.560] license, which should work. Yeah, that will keep you from getting another suspension.
[01:35:05.560 --> 01:35:11.280] Now, if they catch you driving somewhere and they claim that it's not going to work in
[01:35:11.280 --> 01:35:20.880] back, it's not automatic. There can be other reasons. You can be applying for work at a
[01:35:20.880 --> 01:35:27.400] different place for part-time work, except all these things you can argue. So it's not
[01:35:27.400 --> 01:35:33.360] automatic like it would be if you're driving on a suspended license. So by all means, get
[01:35:33.360 --> 01:35:41.960] that occupational license and petition to get your regular license back. You know, it's
[01:35:41.960 --> 01:35:50.440] all about the money. Yeah, that was the other issue I really didn't have. I asked a friend
[01:35:50.440 --> 01:35:57.120] of mine who does this really well for advice, and he was like, well, you know, when you
[01:35:57.120 --> 01:36:03.360] haven't already appeared and you don't really have money in case they, you know, then it
[01:36:03.360 --> 01:36:08.640] was pretty much the same story. They had too much leverage. But I think this is a really
[01:36:08.640 --> 01:36:16.640] good starting point. So this actually makes me feel much more comfortable. And I know
[01:36:16.640 --> 01:36:23.560] where to go from here. So you did give good advice, and I know exactly what to do now.
[01:36:23.560 --> 01:36:30.800] So I would be able to do that. Good. Kind of keep us up to date. I will. Thank you.
[01:36:30.800 --> 01:36:37.240] When you're ready, we'll show you how to take them on. Yeah, definitely. Hopefully I won't
[01:36:37.240 --> 01:36:44.600] get any more tickets for a long time. Well, then what is even more fun is to go in and
[01:36:44.600 --> 01:36:51.760] pick a fight. Those are the most fun ones to have. When you pick the fight, they don't
[01:36:51.760 --> 01:36:59.000] have anything to come at you with. And these things are a really good learning tool. Tickets
[01:36:59.000 --> 01:37:05.520] are really great for learning law. Then if something really serious comes along, you've
[01:37:05.520 --> 01:37:14.320] got a good idea of how to handle it. Yeah. Cheapest law school you can get. Okay. Thank
[01:37:14.320 --> 01:37:22.920] you very much for calling. We're going to go now to Tony in Illinois. Hello, Tony. What
[01:37:22.920 --> 01:37:30.800] do you have for us today? Well, I'll just add a few things to your previous conversation
[01:37:30.800 --> 01:37:37.200] before I get into the mortgage thing. Your previous caller should really check out Eddie's
[01:37:37.200 --> 01:37:44.880] archives on Mondays when he does the traffic show, going back a few months. That will bring
[01:37:44.880 --> 01:37:50.280] her up to speed quite a bit. One thing he would do is an advantage for using commercial
[01:37:50.280 --> 01:37:57.800] terms like drive, which is only applicable if you're operating in commerce. Otherwise,
[01:37:57.800 --> 01:38:13.360] you're traveling. Okay. I didn't go to those places. It gets too complex. If you try to
[01:38:13.360 --> 01:38:23.840] get someone to understand everything all at once, they wind up understanding nothing.
[01:38:23.840 --> 01:38:33.400] And so I'd rather bring them along slowly. That's why we build on the concept. I understand
[01:38:33.400 --> 01:38:41.480] the differences, but Sarah was not, it would have done no good to make those distinctions
[01:38:41.480 --> 01:38:47.440] at this point. That's why I want you, if she can get these issues taken care of and get
[01:38:47.440 --> 01:38:53.880] off them under this stress. We've all been under this kind of stress, and we know it's
[01:38:53.880 --> 01:38:59.520] hard enough to think at all when you have all the stress on you. But to think in these
[01:38:59.520 --> 01:39:04.800] minute details gives me a headache. And besides...
[01:39:04.800 --> 01:39:11.520] Tell me that's a deep one. You did address it somewhat. As far as an attorney, if she
[01:39:11.520 --> 01:39:15.760] can afford an attorney, she can go to a few attorneys and get a free consultation.
[01:39:15.760 --> 01:39:22.240] That was exactly what I was suggesting. Get the attorney to tell you what she can do.
[01:39:22.240 --> 01:39:26.600] And most likely, if she goes to an attorney and she doesn't have much money, the lawyer
[01:39:26.600 --> 01:39:32.520] will tell her what to do. He won't want her case, but say, this is what you need to go
[01:39:32.520 --> 01:39:38.400] do, and he can get some good information. And if I didn't make it clear to Sarah, she's
[01:39:38.400 --> 01:39:44.640] still on the line, so she's probably listening. Don't say anything about those tickets in
[01:39:44.640 --> 01:39:51.280] Brownsville unless they come up. Good chance they won't. If they're 10 years old, they've
[01:39:51.280 --> 01:39:58.880] probably been trashed by now. So if they don't... By all means, do not go poke that
[01:39:58.880 --> 01:40:05.520] bear. Don't wake it up. If it wakes up on its own, deal with it. But if it doesn't, forget
[01:40:05.520 --> 01:40:06.520] about it. Okay.
[01:40:06.520 --> 01:40:14.840] I think you may have mentioned too, I just may be remembering wrong, that they're not
[01:40:14.840 --> 01:40:20.560] allowed to issue a bench warrant for failure to appear in certain misdemeanor cases related
[01:40:20.560 --> 01:40:26.480] to traffic. I'm not sure which one. Yeah, that's what the code says. But they issue
[01:40:26.480 --> 01:40:37.320] them anyway. Right. But I want to go into, as far as filing federal cases, a federal
[01:40:37.320 --> 01:40:46.360] lawsuit for closure, like kind of a step-by-step of how that goes.
[01:40:46.360 --> 01:40:58.880] Well, what the... Okay. You're in Illinois, that is a judicial stage. Right. Has the issue
[01:40:58.880 --> 01:41:04.800] been... You said wrongful for closure or to stop for closure?
[01:41:04.800 --> 01:41:14.480] Well, it's pretty far along. I mean, she didn't do anything until well after the sale. And
[01:41:14.480 --> 01:41:25.520] she hired an attorney who got the sale set aside. And then the plaintiff filed to get
[01:41:25.520 --> 01:41:31.400] the sale reinstated because that attorney's order was too late, which wasn't really the
[01:41:31.400 --> 01:41:41.160] attorney's fault. But that's bought her time. So I'm wondering if we should...
[01:41:41.160 --> 01:41:50.160] Subject matter jurisdiction. For that, subject matter jurisdiction based on lack of agency
[01:41:50.160 --> 01:42:03.680] standing and or capacity. Then they filed this... If they filed an action, you can't
[01:42:03.680 --> 01:42:11.560] remove this particular issue because that this issue would have had to been removed
[01:42:11.560 --> 01:42:18.160] within 30 days from the time it was initiated. But you can file an action in the federal
[01:42:18.160 --> 01:42:29.560] court under FDCPA or generally under uniform commercial code, challenging agency standing
[01:42:29.560 --> 01:42:37.320] in capacity. But since you're already in the state court, this may actually fly better
[01:42:37.320 --> 01:42:52.440] in the state court. Is the entity who foreclosed the same entity who gave out the loan to begin
[01:42:52.440 --> 01:42:57.360] with? No, it isn't. They didn't have standing to
[01:42:57.360 --> 01:43:01.560] bring it because they had late assignment, which we've discussed before. However...
[01:43:01.560 --> 01:43:07.520] Okay, hold on. Let's back up. I want to back up and kind of walk down the steps. Is MERS
[01:43:07.520 --> 01:43:21.200] included in the mortgage? No, I don't believe so. Okay. Who... Is there a transfer of the
[01:43:21.200 --> 01:43:28.200] deed of trust? I'm sorry. Is there a transfer of the mortgage?
[01:43:28.200 --> 01:43:34.040] Remember the assignment? Yeah, the assignment. Yeah, that's what I was saying. The assignment
[01:43:34.040 --> 01:43:41.000] was late and... Okay, hold on. We'll pick this up on the other side. This is Randy
[01:43:41.000 --> 01:43:48.640] Kelton, Deborah Stevens, Eddie Craig. We'll leave the radio. We'll be right back. Oh,
[01:43:48.640 --> 01:43:55.000] we will be right back. I was a little ahead of myself. Call it number 512-646-1984. Now
[01:43:55.000 --> 01:44:04.600] we'll be right back. It is so enlightening to listen to 90.1 FM, but finding things on
[01:44:04.600 --> 01:44:09.280] the Internet isn't so easy, and neither is finding like-minded people to share it with.
[01:44:09.280 --> 01:44:12.480] Oh, well, I guess you haven't heard of Brave New Books, then.
[01:44:12.480 --> 01:44:17.480] Brave New Books? Yes. Brave New Books has all the books and DVDs you're looking for by authors
[01:44:17.480 --> 01:44:23.000] like Alex Jones, Ron Paul, Angie Edward Griffin. They even stock Interfood, Burkey Products,
[01:44:23.000 --> 01:44:28.400] and Calvin Soaps. There's no way a place like that exists. Go check it out for yourself.
[01:44:28.400 --> 01:44:34.760] It's downtown at 1904 Guadalupe Street just south of UT. Oh, by UT? There's never anywhere
[01:44:34.760 --> 01:44:39.520] to park down there. Actually, they now offer a free hour of parking for paying customers
[01:44:39.520 --> 01:44:46.320] at the 500 MLK parking facility just behind the bookstore. It does exist, but when are
[01:44:46.320 --> 01:44:52.360] they open? Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays. So give
[01:44:52.360 --> 01:44:58.840] them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
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[01:46:21.280 --> 01:46:34.600] Okay, we are back. Randy Kelton, David Stevens, Rule of Law Radio. We're talking to Tony
[01:46:34.600 --> 01:46:42.480] in Illinois, and I'm not trying to be difficult, Tony. There may be some spots in there that
[01:46:42.480 --> 01:46:48.800] we might have missed, and that's why I'm going piece by piece. Who is the lender? Was
[01:46:48.800 --> 01:46:59.000] it when the lender did the assignment of the mortgage, did the lender also assign the note,
[01:46:59.000 --> 01:47:05.080] and is there any evidence to indicate that the lender sold the note before the lender
[01:47:05.080 --> 01:47:14.280] transferred the assignment, I'm sorry, assigned the mortgage? If that's the case, then the
[01:47:14.280 --> 01:47:21.760] mortgage is void and of no force and effect, and were these issues already adjudicated?
[01:47:21.760 --> 01:47:31.320] I take it that if she didn't respond to anything, then the only thing that's resjudicata is
[01:47:31.320 --> 01:47:38.640] the default judgment itself. Is that correct?
[01:47:38.640 --> 01:47:45.640] I can give you a few details here. She didn't do anything at all to defend, all the way
[01:47:45.640 --> 01:47:54.160] up until probably 60 days after the order approving failed, okay? She hired an attorney.
[01:47:54.160 --> 01:48:03.040] That attorney filed to have that order approving fail set aside because...
[01:48:03.040 --> 01:48:08.360] What were the claims? What was the cost to have it set aside?
[01:48:08.360 --> 01:48:15.880] I noticed in the fact that she was doing a modification, and now...
[01:48:15.880 --> 01:48:17.880] Oh, wonderful. Okay.
[01:48:17.880 --> 01:48:28.680] Right. Now, hold on. Now, they subsequently filed a motion to have that order set aside
[01:48:28.680 --> 01:48:37.200] because the court lost jurisdiction because it was so far after the order approving failed.
[01:48:37.200 --> 01:48:45.720] But they didn't file a motion here for some reason. This is late last year. Now, we filed
[01:48:45.720 --> 01:48:56.120] it in February, and then just last week, they did a motion hearing, but we went there and
[01:48:56.120 --> 01:49:01.520] the lawyer... I think it was a local lawyer because this is a Chicago law firm, so they
[01:49:01.520 --> 01:49:11.120] have to hire a local attorney down here. I'm a big state, and so I don't know if he lost
[01:49:11.120 --> 01:49:18.440] some papers in the shuffle or what, but he thought he was responding to us because we
[01:49:18.440 --> 01:49:25.320] filed a motion for continuance because we didn't want that motion to go against her
[01:49:25.320 --> 01:49:32.600] because that would have put her back on the defensive because then the sale would have
[01:49:32.600 --> 01:49:34.600] been approved again.
[01:49:34.600 --> 01:49:41.800] Yeah. Okay, so you're looking for the next step to take.
[01:49:41.800 --> 01:49:52.800] That's relatively easy. We start from the perspective of stipulate to nothing. Someone
[01:49:52.800 --> 01:49:57.400] claims there is a loan against the property. I dispute that. I don't know anything about
[01:49:57.400 --> 01:50:02.120] a loan. Someone claims that they have a claim. I don't know who you are and never entered
[01:50:02.120 --> 01:50:08.200] into a contract with you. I didn't enter a contract with your principal. Prove up everything.
[01:50:08.200 --> 01:50:14.640] Agency, standing capacity. You can file a claim for that. You can challenge the subject
[01:50:14.640 --> 01:50:23.520] matter jurisdiction of the court to hold a foreclosure because the entity who filed foreclosure
[01:50:23.520 --> 01:50:32.280] lacks standing to invoke subject matter jurisdiction of the court. That can be filed at any time,
[01:50:32.280 --> 01:50:35.200] no matter how remote in history.
[01:50:35.200 --> 01:50:41.200] Well, the interesting thing is, and this was one of those two by fours to the face,
[01:50:41.200 --> 01:50:46.480] and I haven't completely verified this, but I was reading on a lawyer's blog that there
[01:50:46.480 --> 01:50:54.760] was like three Illinois Supreme Court cases that say you have to bring up standing by
[01:50:54.760 --> 01:51:01.440] the order of approving the sale. I was under the assumption that you had up to a year to
[01:51:01.440 --> 01:51:07.760] bring up jurisdiction. I have to look at those cases.
[01:51:07.760 --> 01:51:15.960] If you claim, well, the problem, okay, if you claim, did you claim lack of notice?
[01:51:15.960 --> 01:51:25.440] That was claimed in her attorney's motion to set aside the sale.
[01:51:25.440 --> 01:51:32.120] Okay. Did they rule on lack of, on the lack of notice?
[01:51:32.120 --> 01:51:33.920] Pardon?
[01:51:33.920 --> 01:51:37.880] Did they rule on that issue?
[01:51:37.880 --> 01:51:40.520] Well, the sale was set aside.
[01:51:40.520 --> 01:51:47.600] Okay. Then there was no notice. Now you can go back. Everything starts fresh. Now you
[01:51:47.600 --> 01:51:54.320] go back and challenge subject matter jurisdiction. They can't say you should have brought up
[01:51:54.320 --> 01:52:07.240] jurisdiction a year ago when you didn't know the issue was there. If they adjudicated that
[01:52:07.240 --> 01:52:14.080] she didn't get notice and overturned the sale, then it starts over again.
[01:52:14.080 --> 01:52:19.080] So you can't be expected to take an action that you don't know you have to take. So your
[01:52:19.080 --> 01:52:25.560] clock started over again. So go for subject matter jurisdiction first.
[01:52:25.560 --> 01:52:32.040] Agency standing in capacity. That's the hardest thing for them to prove up. And to give you
[01:52:32.040 --> 01:52:39.000] an idea of how this is done, let me bring in someone else.
[01:52:39.000 --> 01:52:40.240] Hello, Steve.
[01:52:40.240 --> 01:52:43.400] Hello, Randy.
[01:52:43.400 --> 01:52:53.280] Well, this guy, how it's done. This is the killer, the lender slayer.
[01:52:53.280 --> 01:53:00.600] You mean how to challenge the authority of the attorney on the other side to act?
[01:53:00.600 --> 01:53:01.600] Yes.
[01:53:01.600 --> 01:53:06.600] Okay. In the state of Texas, that would be done under a rule 12 challenge. You might
[01:53:06.600 --> 01:53:11.960] check your own states to see what rule and the simple procedures that you would use to
[01:53:11.960 --> 01:53:17.800] challenge the authority of an attorney to appear as an agent for the principal. In our
[01:53:17.800 --> 01:53:22.880] case, it turns out that... Now I'm going to use some key phrases that they used in court.
[01:53:22.880 --> 01:53:27.280] It turns out the attorney representing the bank that I was fighting in court did not
[01:53:27.280 --> 01:53:35.280] have a quote, unquote, employment contract with the principal. Again, he did not have
[01:53:35.280 --> 01:53:39.360] an employment contract with the principal, which means he didn't have a client, which
[01:53:39.360 --> 01:53:45.560] means he was committing felony baritry, which means he's committed multiple offenses in
[01:53:45.560 --> 01:53:52.040] regard to the canons of ethics. In particular, candor toward the tribunal. Go read that
[01:53:52.040 --> 01:53:53.920] on the ABA website.
[01:53:53.920 --> 01:54:00.920] Now, whoa, hey, hey, ow. Don't go to the ABA website.
[01:54:00.920 --> 01:54:04.920] Well, then go to bargreevens.net.
[01:54:04.920 --> 01:54:06.920] There you go.
[01:54:06.920 --> 01:54:12.840] Do you have the canons of ethics on the grievance website?
[01:54:12.840 --> 01:54:19.400] I have the American Bar Association model standards. I have the American Bar Association
[01:54:19.400 --> 01:54:21.400] standards for the prosecutorial function.
[01:54:21.400 --> 01:54:23.400] Good for you.
[01:54:23.400 --> 01:54:24.400] Up.
[01:54:24.400 --> 01:54:25.400] So then you...
[01:54:25.400 --> 01:54:26.400] Up and cooking.
[01:54:26.400 --> 01:54:29.480] There's a unit along there.
[01:54:29.480 --> 01:54:36.440] So go in. When you click on the... You go to bargreevens.net and click on create a complaint.
[01:54:36.440 --> 01:54:42.120] You bring up a map. Click on the right-hand side. That'll go to the lawyer standards.
[01:54:42.120 --> 01:54:47.800] The left-hand side is prosecutor standards. And on the top one, the first one goes to
[01:54:47.800 --> 01:54:49.800] your relationship with the lawyer.
[01:54:49.800 --> 01:54:57.600] Oh, I'm sorry. I think candor through the court will be either three or four, but you'll
[01:54:57.600 --> 01:55:03.400] have no trouble finding it. This thing works really well. Bargreevens are wonderful. They
[01:55:03.400 --> 01:55:04.400] make lawyers crazy.
[01:55:04.400 --> 01:55:07.400] Okay, I'm going to shut up. Go ahead, Steve.
[01:55:07.400 --> 01:55:12.400] I was saying candor towards the tribunal is rule 3.3.
[01:55:12.400 --> 01:55:14.400] Good.
[01:55:14.400 --> 01:55:21.400] Anyway, did that address the issue?
[01:55:21.400 --> 01:55:22.400] Tony?
[01:55:22.400 --> 01:55:26.400] Well, that's interesting. I'll definitely look into it. One...
[01:55:26.400 --> 01:55:27.400] Okay.
[01:55:27.400 --> 01:55:32.400] Your website... This is last week, but you had a couple of dead links.
[01:55:32.400 --> 01:55:36.400] I just went in and fixed those.
[01:55:36.400 --> 01:55:39.400] Go ahead.
[01:55:39.400 --> 01:55:44.400] Perhaps there was an issue with how my monitor was formatted or what?
[01:55:44.400 --> 01:55:54.400] No. Blanks. My programmer told me if you use blank space, if you use spaces and names,
[01:55:54.400 --> 01:56:00.400] normally in Word and stuff, it doesn't cause you a problem. And on websites, it puts a
[01:56:00.400 --> 01:56:09.400] percent 20 there, but it sometimes does cause a problem. When it causes the problem, it'll
[01:56:09.400 --> 01:56:18.400] back you up. This thing was going to a page that it shouldn't even have known existed.
[01:56:18.400 --> 01:56:24.400] I went in this morning and fixed those links. If you find any more that aren't working,
[01:56:24.400 --> 01:56:25.400] let me know.
[01:56:25.400 --> 01:56:29.400] Sorry, I was referring to your mind map. I think it was on that website.
[01:56:29.400 --> 01:56:36.400] Were you referring to bar grievance or the free forensic analysis?
[01:56:36.400 --> 01:56:43.400] I think it was bar grievance. I just found that when you blew it up to a decent size,
[01:56:43.400 --> 01:56:46.400] it was kind of cut off on...
[01:56:46.400 --> 01:56:52.400] Yeah. I'm having a little trouble with flash, but I'm working on that. I'll try to get to
[01:56:52.400 --> 01:56:58.400] it tomorrow. I've got a way to rework it so it cleans it up a bit. We put it up before
[01:56:58.400 --> 01:57:05.400] it was all dressed out because I kneaded it up. It ain't perfect, but it works. If you
[01:57:05.400 --> 01:57:11.400] click on the third when you go to the left right side, click on the third item, go to
[01:57:11.400 --> 01:57:18.400] 3.3, fill out the... There will be a text box there. Then it'll jump off that map to
[01:57:18.400 --> 01:57:24.400] another page and finish out your complaint form on an Illinois form and download it to
[01:57:24.400 --> 01:57:31.400] you. So give it a try. If you have any problems with it, let me know. Give me a call tomorrow
[01:57:31.400 --> 01:57:37.400] and I will get on there and find where it is and fix it.
[01:57:37.400 --> 01:57:43.400] One other thing. Do you have any experience filing criminal complaints in Illinois?
[01:57:43.400 --> 01:57:52.400] Not in Illinois, but it's pretty much the same everywhere. The amount of time... Let me
[01:57:52.400 --> 01:57:57.400] go to Steve just for the last call me tomorrow and we'll talk about this off the air. Send
[01:57:57.400 --> 01:58:04.400] me an email with... I got your phone number. I think you have mine. Call me tomorrow. We're
[01:58:04.400 --> 01:58:14.400] too late. Steve, hang on. I'd like to talk to you after the show. I wanted Steve on
[01:58:14.400 --> 01:58:23.400] because Steve just slayed the lion. Big time. Okay, this is Randy Kelton, Debra Stephens,
[01:58:23.400 --> 01:58:29.400] Eddie Craig. We have our radio. Thank you for listening. Eddie and Debra will be back
[01:58:29.400 --> 01:58:37.400] Monday. I'll be back with Debra Thursday and then I'll be back here next Friday. Be sure
[01:58:37.400 --> 01:58:43.400] to tune in. Come up with some good hard questions. We got the start out today with Kathy Stumpin
[01:58:43.400 --> 01:58:48.400] and Chuck and it went downhill from there. Thank you for listening. Good night.
[01:59:13.400 --> 01:59:20.400] Thank you for listening.
[01:59:43.400 --> 01:59:59.400] Thank you for listening.