ROL_2013-08-02_16k_Hr3-4.timecode

[00:00.000 --> 00:10.000]  Your listening to the Liberty Beat, your daily source for Liberty news and activist updates,
[00:10.000 --> 00:13.000]  online at TheLibertyBeats.com.
[00:13.000 --> 00:19.000]  John Bush here with your Liberty Beat for Friday, August 2nd, 2013.
[00:19.000 --> 00:26.000]  Gold opened today at $1,300, silver at $19.71, and bitcoin is trading at $106.
[00:26.000 --> 00:31.000]  Support to the Liberty Beat comes from Cabo Baja, the first-time crypto's corn syrup-free,
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[00:40.000 --> 00:45.000]  or by phone at 512-432-1111.
[00:45.000 --> 00:47.000]  And now the news.
[00:47.000 --> 00:51.000]  Postmaster General Patrick Donahue has revealed that the Postal Service takes pictures
[00:51.000 --> 00:54.000]  of every piece of mail processed in the United States.
[00:54.000 --> 00:56.000]  In a recent interview with the Associated Press,
[00:56.000 --> 01:01.000]  Donahue said the photos of the exterior of mail pieces are kept on hand for up to a month
[01:01.000 --> 01:05.000]  and used for the sorting process as well as to assist law enforcement.
[01:05.000 --> 01:08.000]  The Postmaster General went on to say that there is no central database of images
[01:08.000 --> 01:12.000]  because the images are kept on independent machines at facilities around the country.
[01:12.000 --> 01:16.000]  Machines take photographs so software can read the images to create a barcode
[01:16.000 --> 01:19.000]  that is stamped on the mail to show where and when it was processed
[01:19.000 --> 01:21.000]  and where it will be delivered.
[01:21.000 --> 01:24.000]  The program, known as Mail and Isolation Control and Tracking,
[01:24.000 --> 01:28.000]  was created after the anthrax attacks in late 2001 that killed five people.
[01:28.000 --> 01:31.000]  The program collects information from the outside of your mail,
[01:31.000 --> 01:35.000]  including names, addresses, return addresses, and postmark locations,
[01:35.000 --> 01:39.000]  in the hopes of providing the government and law enforcement with a map of your contacts
[01:39.000 --> 01:44.000]  in order to solve crimes.
[01:44.000 --> 01:48.000]  Journalists Jason Leopold and Ryan Shapiro filed a joint suit on Friday
[01:48.000 --> 01:53.000]  after the Federal Bureau of Investigation failed to respond to their Freedom of Information Act requests
[01:53.000 --> 01:56.000]  within the 20-hour working day period required by law.
[01:56.000 --> 02:01.000]  Following prominent journalist Michael Hastings' mysterious death in an early morning crash last month,
[02:01.000 --> 02:04.000]  Leopold and Shapiro both sent FOIA requests to the FBI.
[02:04.000 --> 02:09.000]  Channel 6 in San Diego has also investigated the death, filing FOIA requests for the police report,
[02:09.000 --> 02:16.000]  911 call, autopsy, bomb squad, and toxicology reports that they say continue to be ignored by the LAPD.
[02:16.000 --> 02:19.000]  Suspicion surrounding Hastings' death began to arise when it was revealed
[02:19.000 --> 02:23.000]  that he had sent out an email to friends 15 hours before his crash,
[02:23.000 --> 02:27.000]  stating he was on to a big story and needed to go off the radar for a bit.
[02:27.000 --> 02:31.000]  WikiLeaks also reported that Hastings had contacted them a few hours before his death,
[02:31.000 --> 02:34.000]  complaining of being under investigation by the FBI.
[02:34.000 --> 02:37.000]  Support for the Liberty Beat comes from Brave New Books,
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[02:44.000 --> 02:49.000]  and from Central Texas Gunworks, CHL courses, self-defense training, and firearm sales,
[02:49.000 --> 02:52.000]  online at centraltexasgunworks.com.
[02:52.000 --> 02:55.000]  This is the Liberty Beat for August 2, 2013.
[02:55.000 --> 03:00.000]  Be sure to check out our new and improved website at thelibertybeat.com.
[03:00.000 --> 03:16.000]  MUSIC
[03:16.000 --> 03:20.000]  Well I received my remedy today
[03:20.000 --> 03:24.000]  Came in the box just like they say
[03:24.000 --> 03:27.000]  I accepted it for value right away
[03:27.000 --> 03:31.000]  It's not sooner, not later
[03:31.000 --> 03:34.000]  We are originators
[03:34.000 --> 03:36.000]  Okay, we are back.
[03:36.000 --> 03:42.000]  Randy Kelton, David Stevens, rule of our radio, and we're talking to Rob in New Mexico.
[03:42.000 --> 03:46.000]  Okay, we make this argument.
[03:46.000 --> 03:50.000]  This is something we get to do that lawyers are afraid to do.
[03:50.000 --> 03:53.000]  This is a viable argument.
[03:53.000 --> 04:01.000]  I have a number of articles about the money laundering activities.
[04:01.000 --> 04:06.000]  HSBC admitted to their money laundering activities.
[04:06.000 --> 04:09.000]  Wachovia, that's why Wachovia had to go out of business.
[04:09.000 --> 04:21.000]  They were caught laundering $348 billion for these drug cartels.
[04:21.000 --> 04:25.000]  That's why they went out of business and Wells Fargo bought them out.
[04:25.000 --> 04:30.000]  But the evidence is these other banks are all doing the same things.
[04:30.000 --> 04:32.000]  So it's a viable argument.
[04:32.000 --> 04:36.000]  And it goes to fraud by nondisclosure.
[04:36.000 --> 04:38.000]  We're going to lose that one.
[04:38.000 --> 04:42.000]  But in order to get us to lose that one,
[04:42.000 --> 04:47.000]  the way they're going to have to show that they didn't launder this money
[04:47.000 --> 04:51.000]  is they're going to have to show us an audit trail.
[04:51.000 --> 05:02.000]  And the audit trail is going to give us the chain of holdership of the documentation.
[05:02.000 --> 05:09.000]  And that's not going to match the claims that they're making in court.
[05:09.000 --> 05:15.000]  We got someone coming to try to collect from us and we say, who the heck are you?
[05:15.000 --> 05:19.000]  And the last thing they want to do is tell us.
[05:19.000 --> 05:24.000]  So we put them in a position to where in order to avoid the money laundering claim
[05:24.000 --> 05:28.000]  with a fraud by nondisclosure claim,
[05:28.000 --> 05:35.000]  they have to give us the information that we can then use to show that the claimant
[05:35.000 --> 05:46.000]  on the security instrument has breached the covenants of the security instrument.
[05:46.000 --> 05:48.000]  And that's what they're trying to hide from us.
[05:48.000 --> 05:55.000]  They don't want to give us that information we could use to prove that they breached the security instrument.
[05:55.000 --> 06:01.000]  And we're trying to use this argument to bring them in.
[06:01.000 --> 06:03.000]  Does that sound like fun, Rob?
[06:03.000 --> 06:04.000]  That's awesome.
[06:04.000 --> 06:09.000]  I like that a lot.
[06:09.000 --> 06:13.000]  Back to the magistrate real quick.
[06:13.000 --> 06:16.000]  You know, I hear you say all the time, and I know it's true,
[06:16.000 --> 06:21.000]  that the duty of a judge is to determine the facts of the case in accordance with the rules of evidence
[06:21.000 --> 06:24.000]  and to apply the laws that come into the facts of the case.
[06:24.000 --> 06:30.000]  Where can I find a citation of that so that I'm not just spitting that out of my own mouth?
[06:30.000 --> 06:34.000]  That is a good – I was thinking about that the other day.
[06:34.000 --> 06:39.000]  You know, that was a pretty – it's a pretty cool sounding term.
[06:39.000 --> 06:45.000]  So I thought about that, and I thought, you know, there's no way I made that up.
[06:45.000 --> 06:48.000]  But I don't know where it's at.
[06:48.000 --> 06:51.000]  Let me see.
[06:51.000 --> 06:52.000]  Don't know.
[06:52.000 --> 06:53.000]  I'll have to look.
[06:53.000 --> 06:59.000]  I know I got it from somewhere because I definitely did not come up with that myself.
[06:59.000 --> 07:03.000]  But nobody had ever asked me that.
[07:03.000 --> 07:07.000]  And then the other day it just occurred to me, you know, where did I get that?
[07:07.000 --> 07:10.000]  How do I establish that?
[07:10.000 --> 07:13.000]  And I don't remember where I got it.
[07:13.000 --> 07:17.000]  That's part of my 18-page motion to disqualify the magistrate
[07:17.000 --> 07:23.000]  for bias and confidence in breach of his serial duties.
[07:23.000 --> 07:26.000]  Did you do a search on the sentence?
[07:26.000 --> 07:35.000]  Did you reshoot?
[07:35.000 --> 07:42.000]  I just did a search on the sentence itself.
[07:42.000 --> 07:44.000]  Did judges require inquiries?
[07:44.000 --> 07:50.000]  I didn't get a hit on that exact sentence.
[07:50.000 --> 07:52.000]  So I'll have to look it up.
[07:52.000 --> 07:53.000]  I don't know.
[07:53.000 --> 07:55.000]  You stumped the chump.
[07:55.000 --> 07:58.000]  I don't remember where I got it.
[07:58.000 --> 08:00.000]  Twice in one night.
[08:00.000 --> 08:03.000]  Twice in one night.
[08:03.000 --> 08:07.000]  I am losing my touch.
[08:07.000 --> 08:10.000]  Did you ever get any sleep?
[08:10.000 --> 08:11.000]  Yes, I did.
[08:11.000 --> 08:13.000]  Okay, good.
[08:13.000 --> 08:14.000]  I'm a lot better.
[08:14.000 --> 08:24.000]  I got a few hours last night, so I'm not quite as dingy as I was last night.
[08:24.000 --> 08:30.000]  Okay, we had another caller from Kansas, but he seems to have dropped off.
[08:30.000 --> 08:32.000]  Do you have anything else for us, Rob?
[08:32.000 --> 08:38.000]  Yeah, one of the arguments I'm making to disqualify the magistrate
[08:38.000 --> 08:46.000]  and to get his orders stricken is that the referral order granted him the authority
[08:46.000 --> 08:56.000]  to issue a fine action to hold any hearings that were necessary, including evidentiary hearings.
[08:56.000 --> 09:00.000]  It didn't say anything about ruling on non-dispositive motions,
[09:00.000 --> 09:03.000]  which a magistrate normally has authority to do.
[09:03.000 --> 09:06.000]  Can I make the argument, or is it worth making the argument,
[09:06.000 --> 09:13.000]  that since the order didn't confer that authority on him, he doesn't have it?
[09:13.000 --> 09:21.000]  No, magistrates, what they can do is going to be statutorily prescribed.
[09:21.000 --> 09:26.000]  Once they are assigned, their duties are statutorily prescribed.
[09:26.000 --> 09:30.000]  The judge does not have to delegate each duty.
[09:30.000 --> 09:38.000]  However, the only issue to go to is the waiver.
[09:38.000 --> 09:45.000]  If you did not sign the waiver, the code is very clear.
[09:45.000 --> 09:50.000]  The magistrate lacks subject matter jurisdiction, and that should be the challenge.
[09:50.000 --> 09:53.000]  You might look at suing the magistrate.
[09:53.000 --> 09:58.000]  No, I'm planning on it.
[09:58.000 --> 10:02.000]  They'll do everything they can to protect the magistrate,
[10:02.000 --> 10:07.000]  but in this case, you maintain that the magistrate lacks subject matter jurisdiction,
[10:07.000 --> 10:10.000]  so therefore he has no immunity.
[10:10.000 --> 10:16.000]  I can also show clear violations of following the rules of civil procedure
[10:16.000 --> 10:20.000]  and the rules of evidence.
[10:20.000 --> 10:26.000]  That should put him outside scope.
[10:26.000 --> 10:32.000]  Now, he's immune from suit for anything he does that's within his discretion,
[10:32.000 --> 10:39.000]  and that's why I talk about determine the facts and apply the law.
[10:39.000 --> 10:46.000]  But when it comes to following law, he has no discretion on that one.
[10:46.000 --> 10:52.000]  If he acts outside law, or in this case, if you have not signed the waiver,
[10:52.000 --> 10:54.000]  I'm trying to remember, I think it's Rule 47.
[10:54.000 --> 10:59.000]  I just read it the other day when I put together this brief I sent to you.
[10:59.000 --> 11:08.000]  It is very clear that the only time the magistrate can act is when there is a waiver
[11:08.000 --> 11:15.000]  signed by both parties, not just you.
[11:15.000 --> 11:24.000]  So if there's not one in there, you should file criminally against the magistrate
[11:24.000 --> 11:29.000]  for impersonating a judicial officer.
[11:29.000 --> 11:32.000]  Excellent.
[11:32.000 --> 11:35.000]  And one more real quick one that will be easy for you.
[11:35.000 --> 11:41.000]  On a petition for declaratory over an assignment of mortgage,
[11:41.000 --> 11:48.000]  who do I name as the respondent or defendant on that?
[11:48.000 --> 11:52.000]  Wait a minute, a petition for declaratory judgment.
[11:52.000 --> 11:56.000]  Are you asking for a judgment on?
[11:56.000 --> 12:04.000]  The assignment does not comply statutorily with the requirements of state law.
[12:04.000 --> 12:17.000]  For what entity did the individual who affirmed the document purport to act for?
[12:17.000 --> 12:22.000]  They purported to be an employee of MERS.
[12:22.000 --> 12:24.000]  That's who you sue.
[12:24.000 --> 12:31.000]  Okay, so MERS would be the defendant, not the individual and not Bank of America.
[12:31.000 --> 12:32.000]  Right.
[12:32.000 --> 12:37.000]  MERS is the one who purported to make the assignment.
[12:37.000 --> 12:40.000]  So that's the only thing you know.
[12:40.000 --> 12:45.000]  You know that there is a signature on this document.
[12:45.000 --> 12:55.000]  And the caption above the signature indicates that this person is signing on behalf of this company.
[12:55.000 --> 12:59.000]  That you know because you can see it on the document.
[12:59.000 --> 13:04.000]  The company purports to be acting as a nominee for somebody else.
[13:04.000 --> 13:07.000]  Now, you don't know if he is or not.
[13:07.000 --> 13:16.000]  You do know that he is defined in the security instrument as a nominee.
[13:16.000 --> 13:18.000]  But that's only a definition.
[13:18.000 --> 13:22.000]  That is not a part of the contract.
[13:22.000 --> 13:28.000]  So you didn't appoint MERS as the nominee.
[13:28.000 --> 13:32.000]  And the lender gave you this document that defined MERS as a nominee.
[13:32.000 --> 13:38.000]  But you don't know if the appointment was actually made or not.
[13:38.000 --> 13:41.000]  You only know what MERS said.
[13:41.000 --> 13:56.000]  So what I'm going to hear is we need to be careful to separate what we know from what we believe or what we deduce.
[13:56.000 --> 13:58.000]  Absolutely.
[13:58.000 --> 14:03.000]  What we know and what we think sometimes gets juxtaposed and it causes us problems.
[14:03.000 --> 14:07.000]  And in law, it's important that we make those distinctions.
[14:07.000 --> 14:16.000]  And frankly, it takes a lot of mental discipline to make those, to accurately, carefully make those distinctions.
[14:16.000 --> 14:24.000]  When you start taking apart what you're doing from the perspective of what do I actually know?
[14:24.000 --> 14:29.000]  And what do I presume?
[14:29.000 --> 14:35.000]  After a while, you'll start banging yourself in the head and saying, how could I be so dumb?
[14:35.000 --> 14:38.000]  Lawyers use this against us regularly.
[14:38.000 --> 14:41.000]  Salesmen use it against us.
[14:41.000 --> 14:53.000]  They'll ask us a question that in order for us to give them an answer to this question, something else has to be true.
[14:53.000 --> 14:58.000]  So tell me, Rob, when did you stop beating your wife?
[14:58.000 --> 15:03.000]  Well, I left home Thursday.
[15:03.000 --> 15:11.000]  In order for you to answer that question, something else has to be true.
[15:11.000 --> 15:12.000]  These are the things.
[15:12.000 --> 15:28.000]  That's really obvious, but when you get a document that emerged reports to make an assignment from the original mortgagee to some entity,
[15:28.000 --> 15:32.000]  well, heck, you don't know if they really did that or not.
[15:32.000 --> 15:41.000]  If you act as if the assignment was made by one of these companies actually had something to do with it, then you're getting ahead of yourself.
[15:41.000 --> 15:52.000]  That's why when we sue, when people sue under FDCPA, we have them sue whoever signed the document.
[15:52.000 --> 15:56.000]  We don't have them sue who they signed for.
[15:56.000 --> 16:17.000]  I could get a Bank of America document, put Bank of America's name on it and sign for Bank of America and tell them you have to send your payments to B of A at my address.
[16:17.000 --> 16:20.000]  So you don't really know if that's Bank of America.
[16:20.000 --> 16:28.000]  The only thing you know is you've got this signature here, and so we go after whoever signature you've got in hand.
[16:28.000 --> 16:36.000]  Okay, so then if I went after the filing of the mortgage on a petition to declaratory judgment,
[16:36.000 --> 16:43.000]  then I would name the party that filed the mortgage, not the party on whose behalf the mortgage was filed, right?
[16:43.000 --> 16:45.000]  Exactly.
[16:45.000 --> 16:50.000]  Okay, we're going to break. This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[16:50.000 --> 16:54.000]  Our call-in number, 512-646-1984.
[16:54.000 --> 17:22.000]  We'll be right back.
[17:22.000 --> 17:25.000]  I think I love you.
[17:25.000 --> 17:29.000]  I want to know for sure.
[17:29.000 --> 17:34.000]  So come on, neutralize me.
[17:34.000 --> 17:37.000]  I love you.
[17:37.000 --> 17:45.000]  Did you know that you could extend your life by as much as 15% by taking the unnevity products like Tangy Tangerine?
[17:45.000 --> 17:49.000]  My missus lost so much weight by taking Tangy Tangerine.
[17:49.000 --> 17:55.000]  She eventually disappeared, which will probably let me live an extra 15 years.
[17:55.000 --> 18:00.000]  Go to LogosRadioNetwork.com and click the Ungevity banner.
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[18:49.000 --> 19:01.000]  That's RuleOfLawRadio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:11.000 --> 19:17.000]  Well, don't let nothing get to you, or your father can't deliver you.
[19:17.000 --> 19:24.000]  Don't let bad-minded people hurt you until they can get behind you.
[19:24.000 --> 19:43.000]  You know what I mean, my friend? Now I'll let you hear this.
[19:43.000 --> 19:49.000]  Okay, we are back. Randy Kelton, Debbie Stevens, Rule of Law Radio.
[19:49.000 --> 19:59.000]  And we are going to Carlos in California. Hello, Senor Carlos.
[19:59.000 --> 20:03.000]  Oh, somebody did unmute him. Okay, there you go.
[20:03.000 --> 20:05.000]  Como estas, Senor Carlos?
[20:05.000 --> 20:08.000]  Yes, how are you, Dan?
[20:08.000 --> 20:11.000]  I am doing good.
[20:11.000 --> 20:12.000]  All right, all right.
[20:12.000 --> 20:14.000]  What do you have for us today?
[20:14.000 --> 20:24.000]  Quick question. Is there an easy way to find out whether the foreclosing judge on my property,
[20:24.000 --> 20:36.000]  did they have any interest in the bank? Because if they had, it's a void judgment.
[20:36.000 --> 20:42.000]  Okay, I was just looking at that today in conjunction with some other research I was doing.
[20:42.000 --> 20:57.000]  And as to federal, anyone in the federal government above G15 is required to file financial statements.
[20:57.000 --> 21:07.000]  Anyone that's appointed by the president and is above G15, they all have to file financial statements.
[21:07.000 --> 21:13.000]  And I believe that all of the district judges, you can get financial statements for them.
[21:13.000 --> 21:24.000]  But you can certainly make the request. Who would I make it to? Probably to the district clerk.
[21:24.000 --> 21:29.000]  But generally in government, it doesn't matter who you make the request to.
[21:29.000 --> 21:36.000]  District clerk, if she is not the right person, she will tell you who is or send it to the right person.
[21:36.000 --> 21:46.000]  Okay. Now what if it's a superior court? Down here, a superior court is lower than the federal court,
[21:46.000 --> 21:53.000]  but it's higher than the real-time court.
[21:53.000 --> 21:59.000]  Okay, yeah. So like here we have JP court, county court, district court.
[21:59.000 --> 22:04.000]  So you would have the – do you have JP's there, Justice of the Peace?
[22:04.000 --> 22:09.000]  We have small claims, superior and federal.
[22:09.000 --> 22:12.000]  Okay. So that's going to be similar. So that would be middle.
[22:12.000 --> 22:23.000]  Probably that's going to be an elected judicial position and it's not going to be an inferior court.
[22:23.000 --> 22:33.000]  In that your small claims, if you're like most states, the small claims judge does not have to be a lawyer.
[22:33.000 --> 22:37.000]  He can be just an ordinary citizen.
[22:37.000 --> 22:40.000]  And they call those inferior courts municipal courts.
[22:40.000 --> 22:47.000]  The judge does not have to be a lawyer unless it is a court of record.
[22:47.000 --> 22:51.000]  And that may be specific to Texas, other states.
[22:51.000 --> 22:58.000]  Generally, a municipal court or the small claims courts are not necessarily lawyers.
[22:58.000 --> 23:00.000]  They might be, but they don't have to be.
[23:00.000 --> 23:03.000]  So the courts consider those inferior courts.
[23:03.000 --> 23:07.000]  They wouldn't have to have that kind of documentation.
[23:07.000 --> 23:17.000]  But the superior court positions, I would think you could get that on all of them because that's important.
[23:17.000 --> 23:27.000]  Do you have any reason to believe that the judge is somehow compromised?
[23:27.000 --> 23:36.000]  You know what, I really don't, but I know that happens and I have a case law that the judge had interest in a bank.
[23:36.000 --> 23:42.000]  He had bonds in a bank and they avoided that judgment.
[23:42.000 --> 23:47.000]  That is enough if this has occurred.
[23:47.000 --> 23:54.000]  And generally, they object to phishing expeditions.
[23:54.000 --> 24:03.000]  Even in discovery, if you ask for discovery, you need to have a specific reason for asking for that discovery.
[24:03.000 --> 24:14.000]  If you're asking for the judge's financials, you can't necessarily have a specific reason other than to find out.
[24:14.000 --> 24:22.000]  It's going to have to be phishing because these are records that only the judge would have availability of.
[24:22.000 --> 24:27.000]  You couldn't access these records except through the judge.
[24:27.000 --> 24:31.000]  So there's no way to generate probable cause to believe.
[24:31.000 --> 24:38.000]  He could be heavily invested and you'd have no way of finding out if you couldn't subpoena this from the judge.
[24:38.000 --> 24:43.000]  So that is likely to be a real good argument to make.
[24:43.000 --> 24:47.000]  Make the request, they're likely to produce it.
[24:47.000 --> 24:52.000]  Yeah, because there's Cardenazzo versus Bank of Italy.
[24:52.000 --> 25:00.000]  It says very clearly that they avoided the judgment because the judge had investments in that bank.
[25:00.000 --> 25:01.000]  Thanks.
[25:01.000 --> 25:15.000]  So this would not necessarily be, it should not necessarily be construed simply as a phishing expedition just to see if maybe there is an impropriety.
[25:15.000 --> 25:21.000]  This should be construed as a reasonable request, a suggestion.
[25:21.000 --> 25:35.000]  You might go to a private detective or private investigator and have the private investigator do a search on the judge's financials.
[25:35.000 --> 25:38.000]  He can get things you can't.
[25:38.000 --> 25:51.000]  If he can get you anything that points at an investment that could be associated with this bank,
[25:51.000 --> 25:57.000]  then that will give you ample grounds to go in and ask for a full disclosure.
[25:57.000 --> 25:59.000]  Okay, last question.
[25:59.000 --> 26:08.000]  You were saying Connors, can you mention that name again? Are those pleadings good for California?
[26:08.000 --> 26:11.000]  Say that again.
[26:11.000 --> 26:14.000]  You were talking about O'Connor's pleadings.
[26:14.000 --> 26:17.000]  Oh, O'Connor's, okay, O'Connor's, yeah.
[26:17.000 --> 26:19.000]  A litigation guide.
[26:19.000 --> 26:33.000]  In California, it'll be somewhat more difficult because the litigation guide that I saw when I was there is a shelf full of binders.
[26:33.000 --> 26:43.000]  The primary litigation guide there is not published as a book, but as separate pages in a three ring binder.
[26:43.000 --> 26:49.000]  The problem with that is they don't repurchase.
[26:49.000 --> 26:52.000]  They send out updates to it.
[26:52.000 --> 26:53.000]  Yeah, I have that.
[26:53.000 --> 26:57.000]  It's not worth it, to be honest with you.
[26:57.000 --> 27:05.000]  If you go to the library, the thing you want are the forms and the civil litigation guide.
[27:05.000 --> 27:09.000]  I'm telling you, those things are really incredible.
[27:09.000 --> 27:19.000]  If you can find the litigation guide in the legal library, it is worth the trip.
[27:19.000 --> 27:20.000]  Okay.
[27:20.000 --> 27:27.000]  Here in Texas, we can, oh, wait a minute, O'Connor's has one for California.
[27:27.000 --> 27:33.000]  They have a cause of action for California, I know, and I think they may have a trial guide for California.
[27:33.000 --> 27:35.000]  Okay, I'll look it up right now.
[27:35.000 --> 27:39.000]  I'm interested in the racketeering section.
[27:39.000 --> 27:44.000]  O'Connor's is Jones-McClure Publishing.
[27:44.000 --> 27:47.000]  Okay, I got it.
[27:47.000 --> 27:54.000]  Look up Jones-McClure, and I think it was on their first page.
[27:54.000 --> 27:57.000]  They have expanded into California.
[27:57.000 --> 28:02.000]  Okay, and let's think because I need everybody to go and ask questions.
[28:02.000 --> 28:08.000]  I told you I already filed against my attorney, right?
[28:08.000 --> 28:12.000]  I filed the bar grievance.
[28:12.000 --> 28:21.000]  Now once I get a result, I'm going to file a lawsuit against for malpractice,
[28:21.000 --> 28:26.000]  but I'm waiting for the result and see what they say so I can bring some evidence.
[28:26.000 --> 28:27.000]  Is that good?
[28:27.000 --> 28:29.000]  Is that correct?
[28:29.000 --> 28:30.000]  Yes.
[28:30.000 --> 28:39.000]  You need to look, go to bargrievance.net, and when you first open it up,
[28:39.000 --> 28:51.000]  when you first open up bar grievance, it will go to a map where you can search through all of the standards.
[28:51.000 --> 28:53.000]  You might want to go look at that.
[28:53.000 --> 29:06.000]  Now what the American Bar Association says is that these standards do not grant a private right,
[29:06.000 --> 29:13.000]  a private claim to anyone for violation of these standards.
[29:13.000 --> 29:23.000]  The standard itself doesn't, but the standards are there because if a lawyer does one of these things
[29:23.000 --> 29:27.000]  he's forbidden to do, he's going to harm the client.
[29:27.000 --> 29:32.000]  So you would have a claim of malpractice anyway.
[29:32.000 --> 29:35.000]  So look through those.
[29:35.000 --> 29:39.000]  You will be surprised what you can nail the lawyer for.
[29:39.000 --> 29:43.000]  I have a book on it and I tell everybody,
[29:43.000 --> 29:48.000]  nobody who's a lawyer read this book on malpractice before they became a lawyer,
[29:48.000 --> 29:51.000]  and they had done something else.
[29:51.000 --> 29:52.000]  Okay, hang on.
[29:52.000 --> 29:53.000]  Call us.
[29:53.000 --> 29:54.000]  We're about to go to break.
[29:54.000 --> 29:56.000]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[29:56.000 --> 30:02.000]  Our call in number is 512-646-1980.
[30:02.000 --> 30:05.000]  There's a spooky new search engine on the Internet,
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[30:25.000 --> 30:30.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.000 --> 30:33.000]  Privacy, it's worth hanging on to.
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[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:38.000]  The government says that fire brought it down.
[31:38.000 --> 31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
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[33:29.000 --> 33:36.000]  All right.
[33:36.000 --> 33:37.000]  We are back.
[33:37.000 --> 33:46.000]  Randy Kelton, Deborah Stevens, and we're talking to Carlos in California.
[33:46.000 --> 33:48.000]  Sorry, I tripped over my tongue there.
[33:48.000 --> 33:51.000]  I don't multitask well.
[33:51.000 --> 33:52.000]  Okay.
[33:52.000 --> 33:54.000]  I'm back, Carlos.
[33:54.000 --> 33:58.000]  Did we handle everything for you, Carlos?
[33:58.000 --> 34:00.000]  Did you have something else?
[34:00.000 --> 34:01.000]  No, thank you.
[34:01.000 --> 34:02.000]  That was pretty much it.
[34:02.000 --> 34:05.000]  I'm going to go to that website and check it out.
[34:05.000 --> 34:06.000]  Thank you, Randall.
[34:06.000 --> 34:07.000]  Okay.
[34:07.000 --> 34:13.000]  I did want to ask you some questions about you're in the Los Angeles area, aren't you?
[34:13.000 --> 34:16.000]  Yes.
[34:16.000 --> 34:26.000]  Have you noticed any changes in the foreclosure climate in California here recently?
[34:26.000 --> 34:31.000]  It has slowed down due to the effect of the homeowners' bill of rights.
[34:31.000 --> 34:39.000]  When they came in with the homeowners' bill of rights, they are making the banks or the foreclosure
[34:39.000 --> 34:47.000]  males go through every document and make sure that the documents are correct and make sure
[34:47.000 --> 34:52.000]  they're the right persons who are foreclosing in some of them.
[34:52.000 --> 34:57.000]  I don't believe they're doing all that because you know they're not going to obey the law,
[34:57.000 --> 35:00.000]  but that's in the law now.
[35:00.000 --> 35:08.000]  See, before in California, once they foreclosed the res judicata, not anymore.
[35:08.000 --> 35:13.000]  It's very interesting for those in California to study the homeowners' bill of rights.
[35:13.000 --> 35:14.000]  Wait a minute.
[35:14.000 --> 35:17.000]  Is that expo facto?
[35:17.000 --> 35:24.000]  I mean, does it now, can you say you foreclosed on me three years ago?
[35:24.000 --> 35:28.000]  It's no longer considered res judicata?
[35:28.000 --> 35:30.000]  Well, you know what?
[35:30.000 --> 35:36.000]  I got to check that out because I'm doing, I'm helping someone, right?
[35:36.000 --> 35:39.000]  And that's exactly what they came back.
[35:39.000 --> 35:49.000]  So the judge is going to rule on that. I just filed the opposition to dismiss my second amendment on my friend,
[35:49.000 --> 35:54.000]  and that's what they came back to me, and we're going to let the judge decide on that,
[35:54.000 --> 35:57.000]  and I'll keep you posted on that.
[35:57.000 --> 36:02.000]  That is wonderful.
[36:02.000 --> 36:09.000]  Will you kind of explain the foreclosure of civil rights that was passed in California?
[36:09.000 --> 36:14.000]  That was an interesting piece of legislation.
[36:14.000 --> 36:17.000]  Yes, they call it homeowners' bill of rights.
[36:17.000 --> 36:23.000]  It's very, very interesting because there's a case law that you could not, you could not,
[36:23.000 --> 36:30.000]  once it's been foreclosed, if you didn't say anything about it or you didn't rebut it,
[36:30.000 --> 36:35.000]  you were dead, not anymore, not anymore.
[36:35.000 --> 36:42.000]  It's more like a judicial system instead of a non-judicial system.
[36:42.000 --> 36:46.000]  So it's good, it's good. Everybody has to read that.
[36:46.000 --> 36:51.000]  And that is good because this is the thing we've been talking about,
[36:51.000 --> 36:59.000]  that we expected over time the politics to move from the banks to the people foreclosed on,
[36:59.000 --> 37:02.000]  and that seems to be exactly what it's doing.
[37:02.000 --> 37:10.000]  Yes, in Vegas, when they did this in Vegas about, I'm guessing, about a year ago,
[37:10.000 --> 37:20.000]  the foreclosures dropped big time, and now all we have to do is bring it to their attention
[37:20.000 --> 37:29.000]  that we are under the homeowners' foreclosure bill of rights, homeowners' bill of rights,
[37:29.000 --> 37:35.000]  and they have to obey it, they have to obey it.
[37:35.000 --> 37:38.000]  But those who don't speak don't get nothing.
[37:38.000 --> 37:41.000]  You know what I mean?
[37:41.000 --> 37:48.000]  Well, after the foreclosure is done, after the person's out of the property,
[37:48.000 --> 37:55.000]  if they find out later that something was wrong and they just didn't know at the time,
[37:55.000 --> 38:02.000]  can they still come back and challenge the foreclosure after the fact?
[38:02.000 --> 38:08.000]  Well, that's what I'm doing right now, but because I found out that, you know,
[38:08.000 --> 38:16.000]  who's supposed to, who has the right to foreclose, only the owner or the holder of the note?
[38:16.000 --> 38:18.000]  I don't care, I don't care.
[38:18.000 --> 38:19.000]  No, wait a minute, wait a minute.
[38:19.000 --> 38:21.000]  There's more to it than that.
[38:21.000 --> 38:23.000]  Yes, basically.
[38:23.000 --> 38:29.000]  It's taken a long time, but this is beginning to make sense, and we had Joe Esquivel on,
[38:29.000 --> 38:35.000]  and he explained a last part that made all of this make sense.
[38:35.000 --> 38:45.000]  You can have a person who holds the original, tangible, wet ink note.
[38:45.000 --> 38:55.000]  He can hold that note with a complete chain of endorsements from the original lender to him.
[38:55.000 --> 39:04.000]  He can also hold the security instrument with a complete chain of transfers
[39:04.000 --> 39:13.000]  that matches every endorsement on the note to him and still not have power to foreclose
[39:13.000 --> 39:19.000]  because if he has sold the beneficial interest of the note,
[39:19.000 --> 39:27.000]  if you look at Covenant 20, it authorizes the lender to sell the note,
[39:27.000 --> 39:33.000]  to sell a portion of the note or the entire note.
[39:33.000 --> 39:42.000]  And what that refers to is not that they can break the note up into separate little pieces,
[39:42.000 --> 39:51.000]  but they can sell the beneficial interest in the note without selling the note itself.
[39:51.000 --> 39:55.000]  And that's what they're claiming to do.
[39:55.000 --> 40:05.000]  You create the security instrument, and the security instrument is intended to secure the note.
[40:05.000 --> 40:16.000]  Then the pooling agent takes the note and uses it as a security instrument to secure the beneficial interest in the note.
[40:16.000 --> 40:20.000]  The problem is it doesn't work.
[40:20.000 --> 40:26.000]  You've got a guy here holding the note, and he holds the security instrument,
[40:26.000 --> 40:29.000]  but he doesn't have any right to be paid.
[40:29.000 --> 40:38.000]  He sold that so he cannot come before the court because there is no controversy.
[40:38.000 --> 40:47.000]  He cannot come before the court and say, I have been harmed by nonpayment because he don't get paid anyway.
[40:47.000 --> 40:49.000]  He sold that.
[40:49.000 --> 40:58.000]  And the guy who has the right to get paid, he don't hold the note or the security instrument.
[40:58.000 --> 41:04.000]  So while he can sue the borrower directly, he cannot make a claim against the property.
[41:04.000 --> 41:06.000]  Does that make sense, Carlos?
[41:06.000 --> 41:07.000]  Yes, yes.
[41:07.000 --> 41:16.000]  The one who has the right to start jumping upside down is holding the course.
[41:16.000 --> 41:26.000]  He has a legal document that's perfect, and whatever wrong happened to the transaction, he doesn't know about it.
[41:26.000 --> 41:28.000]  That's why they call it the holding the course.
[41:28.000 --> 41:35.000]  Remember, some little things, it's different in Texas and different in California.
[41:35.000 --> 41:40.000]  In California, they don't let you say anything about MERS, but that's the point.
[41:40.000 --> 41:46.000]  The point is, was MERS the beneficiary at the time?
[41:46.000 --> 41:48.000]  Is there a foreclosure?
[41:48.000 --> 41:50.000]  If not, there's no foreclosure.
[41:50.000 --> 41:57.000]  And where did they get the power, and who did they transfer it to, and was that transfer legal?
[41:57.000 --> 42:00.000]  It's a chain of title problem.
[42:00.000 --> 42:01.000]  We have to go...
[42:01.000 --> 42:05.000]  Okay, here's how we go to that problem.
[42:05.000 --> 42:11.000]  If you read the deed of trust, the first section is just definitions.
[42:11.000 --> 42:13.000]  They're not part of the contract.
[42:13.000 --> 42:20.000]  They carry no contractual stipulations of any kind.
[42:20.000 --> 42:32.000]  The first part of the contract is the assignment of the property to the trustee.
[42:32.000 --> 42:46.000]  Now, that part purports to transfer its title, transfer of property rights, transfer the legal title to the trustee.
[42:46.000 --> 42:49.000]  Not the beneficiary, not the equitable title.
[42:49.000 --> 42:51.000]  Equitable title stays with the borrower.
[42:51.000 --> 42:54.000]  The legal title goes to the trustee.
[42:54.000 --> 43:07.000]  Then read the very next paragraph, starts with together with, and it's supposed to be together with all improvements or additions that anything added to the property is included in the collateral.
[43:07.000 --> 43:21.000]  And right in the middle of that paragraph, there's a sentence that says that you understand that MERS does not hold beneficial interest, but only holds legal title.
[43:21.000 --> 43:23.000]  Now, wait a minute.
[43:23.000 --> 43:35.000]  If this were a trust document, the trustee would have to hold legal title, and it purports to transfer it to the trustee.
[43:35.000 --> 43:41.000]  In the very next paragraph, it takes it away from the trustee and gives it to MERS.
[43:41.000 --> 43:52.000]  Well, you probably have a similar statute in California, but in Texas, a lender is forbidden to require the borrower to transfer the property to the lender.
[43:52.000 --> 43:54.000]  It's a grant, and it's illegal.
[43:54.000 --> 43:55.000]  Hang on.
[43:55.000 --> 43:57.000]  Carlos, we'll be right back on the other side.
[43:57.000 --> 44:02.000]  Call in number 5126.
[44:02.000 --> 44:11.000]  Mr. President, members of Congress, you've been making a lot of noise about taking our guns away, but you might want to review history.
[44:11.000 --> 44:15.000]  1835, Gonzales, Texas Territory.
[44:15.000 --> 44:20.000]  The authorities wanted to confiscate the big gun that protected that colony.
[44:20.000 --> 44:22.000]  You know what the people said?
[44:22.000 --> 44:24.000]  Come and take it.
[44:24.000 --> 44:29.000]  Because they were willing to fight for their freedom and their guns.
[44:29.000 --> 44:30.000]  So are we.
[44:30.000 --> 44:33.000]  Come and take it if you want it.
[44:33.000 --> 44:36.000]  Come and take it if you think you can.
[44:36.000 --> 44:43.000]  Come and take it, but I warn you, you'll have to cry it from a cold dead hands.
[44:43.000 --> 44:49.000]  We want the freedom that God gave us, so you best not cross that line.
[44:49.000 --> 44:54.000]  If you want this done, you've got to come through us and take it.
[44:54.000 --> 44:57.000]  One shot at a time.
[44:57.000 --> 45:01.000]  Just like Gonzales, we're keeping our guns.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:15.000]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by step.
[45:15.000 --> 45:19.000]  If you have a lawyer, know what your lawyer should be doing.
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[45:28.000 --> 45:34.000]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
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[45:52.000 --> 46:14.000]  Please visit ruleoflawradio.com and click on the banner or call toll free, 866-LAW-EZ.
[46:14.000 --> 46:30.000]  Always, I must be careful what I'm wishing for.
[46:30.000 --> 46:36.000]  When I'm hungry, I like to know just what I'm fishing for.
[46:36.000 --> 46:50.000]  Okay, we are back. Randy Kelton, David Stevens, Rule of Law Radio, and we're talking to Carlos in Texas. Carlos, did that make sense?
[46:50.000 --> 47:18.000]  Yeah, that whoever wrote that deed of trust document had to be high on coke. And the primary argument that we make on that is in order for a contract to be enforceable, it has to be the tenants and conditions have to be clear and understandable.
[47:18.000 --> 47:26.000]  Nobody can understand this document. We have courts all over the country ruling in different ways about this document.
[47:26.000 --> 47:44.000]  If the best legal minds in the country cannot understand the meanings of the terms in this document, how can an unsophisticated purchaser be expected to understand the tenants and conditions of the document?
[47:44.000 --> 48:06.000]  So we maintain that the deed of trust was void from its inception because it was the terms that were deliberately used by the lender were so vague and indistinct so as to make the document unenforceable.
[48:06.000 --> 48:10.000]  Does that sound like a fun argument to make?
[48:10.000 --> 48:34.000]  Yes. On the deed of trust, it says, I read a deed of trust and it says, the trustee is so-and-so. The lender will be. Now, that's even something else. It's not the lender until some future time. See, it's legalist. That's what it is.
[48:34.000 --> 48:54.000]  Well, and those are definitions. That's all they are. They're not tenants of the contract. It defines MERS in there. But that's just a definition. There's nothing in that document that appoints MERS to any position.
[48:54.000 --> 49:15.000]  And one of the things that we've been doing is the first thing we have somebody do if they're pre-foreclosure is we have them file a notice of default. If they send a debt validation letter and when they don't get a full response, then they file a notice of default.
[49:15.000 --> 49:39.000]  And he got this from a guy in Washington. It's a great idea. He says he sent out a debt validation letter and they didn't answer it. And under Covenant 16, the deed of trust is required to abide by all law. And they failed to abide by law. They breached Covenant 16 of the deed of trust. Therefore, they defaulted on the contract. They filed a notice of default in the record.
[49:39.000 --> 50:02.000]  You know what's better? It's a great idea. And also, we're doing something else. We're asking them not a lot of questions. We're not asking for anything. We're just asking them who are you and where did you get the authorization to foreclose?
[50:02.000 --> 50:15.000]  And please give me the information that gives you the authorization to foreclose and what are you relying on to foreclose on me? Is there an answer?
[50:15.000 --> 50:39.000]  You're talking about agency. Agency. Agency cannot be proven out of the mouth of the agent. It must be proven out of the mouth of the principal. Agency cannot be presumed. Once challenged, it must be proved.
[50:39.000 --> 50:58.000]  These are legal maxims. They're the same all over the country. This has been a legal maxim for a couple hundred years. That's not going to change. And that's exactly what you're asking for is who the heck are you?
[50:58.000 --> 51:12.000]  Once they don't answer you, then in one or two or three years, then it's not going to be about having been paid the most for two years. You want to pay it, but you want to pay it to the right person, right?
[51:12.000 --> 51:26.000]  Obviously, they're not giving me the – they're not supposed to pay it because they don't even know. It's like someone else scamming you.
[51:26.000 --> 51:40.000]  Look in the Uniform Commercial Code, and California has it. They've adopted the Uniform Commercial Code. I don't remember what the designation is, but look up presentment.
[51:40.000 --> 52:01.000]  In that section, it talks about what a presentment is, and then it goes on to say that if you send payment to the wrong party, it does not discharge the debt. And I have that in an argument where we make the argument that they sent us this presentment.
[52:01.000 --> 52:22.000]  And this guy claimed that he was an agent for the principal, and the principal had standing capacity. We don't know if he does or not. And according to the Uniform Commercial Code, if I go ahead and pay this guy and he's the wrong guy, then that does not discharge the debt.
[52:22.000 --> 52:43.000]  And the Uniform Commercial Code created this remedy under 3-501 that allows me to demand that the claimant produce the original wedding note so that I could determine for certain I'm giving the money to the right guy.
[52:43.000 --> 52:55.000]  If you want that argument, send me an email. I'll send that argument to you. I cite all of the Uniform Commercial Codes that go to this issue.
[52:55.000 --> 53:13.000]  You know who came up with that issue also about three years ago? An attorney. That's non-payment without dishonor, because he asked them, and under the UCC, they never answered. He wasn't in dishonor. He kept his phone.
[53:13.000 --> 53:18.000]  You're breaking up. I'm having a little trouble understanding you.
[53:18.000 --> 53:31.000]  This was done by an attorney, which we're talking about. He sent them a UCC 3-501. I'm pretty sure that's the right number.
[53:31.000 --> 53:38.000]  Yes, 3-501. That's exactly the one we were talking about.
[53:38.000 --> 53:50.000]  It doesn't exactly say dishonor. It does say that you can seesaw payment until they provide access to the document.
[53:50.000 --> 54:02.000]  So it's real clear. The code is real clear on that. And you don't have to even claim UCC violation as a claim.
[54:02.000 --> 54:18.000]  You go to the Deed of Trust and look at Covenant 16. When you claim HOPA, TILA, RESPA, the Consumer Protection Laws, they all gripe. Yeah, it's out of statute of limitations.
[54:18.000 --> 54:37.000]  Well, never claim them under the Consumer Protection Laws. Claim that they breached a law relating to the mortgage, and therefore, they're in default on the mortgage because they breached Covenant 16.
[54:37.000 --> 54:54.000]  Covenant 16 doesn't have a statute of limitations. And if you claim all of these in terms of contractual violations, this is what we were talking about earlier with Rob.
[54:54.000 --> 55:03.000]  This is a ruling the judge can give you that stays within the four corners of the document you put in his hand.
[55:03.000 --> 55:15.000]  It's not a ruling that goes to a general legal principle that can be taken up and changed the law, the legal climate, as the judge knows it.
[55:15.000 --> 55:22.000]  They hate those kinds of decisions. But this is a decision based on the four corners of the document.
[55:22.000 --> 55:31.000]  This document says you're supposed to do this. You did that. And based on the facts in this document and this document only, there's a breach.
[55:31.000 --> 55:44.000]  That's a lot easier for the judge to make than a general argument on UCC or a general argument on FDCPA. Does that make sense, Carlos?
[55:44.000 --> 55:50.000]  Yes, it makes 100% sense, yeah. 100%.
[55:50.000 --> 56:03.000]  We're trying to hone this down because of all of the ones we filed and the kinds of rulings were getting against us. And we've actually had some judges all but tell us that.
[56:03.000 --> 56:12.000]  We just had one dismissed, and the judge seemed to have gone to a lot of trouble. And it was in California.
[56:12.000 --> 56:25.000]  When we did the filing, we didn't claim the remedy under FDCPA and we stipulated that we were not claiming a remedy under FDCPA.
[56:25.000 --> 56:32.000]  When the judge dismissed the case, he did it perfectly.
[56:32.000 --> 56:51.000]  He said while the petitioner did not make a claim under FDCPA, we're going to, for the purpose of this treatment, we're going to act as if he did and dismiss the claim and stated why dismiss the claim.
[56:51.000 --> 57:01.000]  Now, because we didn't make the claim under FDCPA, he could have dismissed for lack of subject matter jurisdiction.
[57:01.000 --> 57:05.000]  But he didn't. He was giving us instruction.
[57:05.000 --> 57:11.000]  We dismissed this for this reason, we dismissed this for this reason, had three of them.
[57:11.000 --> 57:31.000]  And then he said, as to all the other claims, and we had about 50 pages of them, they were all state court claims that petitioner would be well advised to consider these claims in the state court.
[57:31.000 --> 57:34.000]  And he dismissed those without prejudice.
[57:34.000 --> 57:59.000]  So I was really pleased out of California, that is about the first time that a pro se litigant got a ruling that was careful, considered, and seemed to be trying to tell the litigant exactly how to adjudicate his case.
[57:59.000 --> 58:03.000]  It tells me that this worm is turning.
[58:03.000 --> 58:08.000]  Do you have anything else for us, Carlos? Do you want to hang on until after the break?
[58:08.000 --> 58:12.000]  That's all. Thank you.
[58:12.000 --> 58:14.000]  Do you say you're going to hang on?
[58:14.000 --> 58:17.000]  No, I said that's all. Thank you.
[58:17.000 --> 58:33.000]  Oh, okay. Thank you, Carlos. And don't be a stranger. This is Randy Kelton, Deborah Stevens, Rule of Law Radio, our call-in number, 512-646-1984. We're going into our last hour, and it generally picks up.
[58:33.000 --> 58:41.000]  So if you have a question or a comment, you just want to play stomp to chomp, give us a call.
[58:41.000 --> 58:50.000]  We'll be right back on the other side.
[59:11.000 --> 59:21.000]  We'll be right back on the other side.
[59:41.000 --> 59:53.000]  888-551-0102 or visit us online at bfa.org.
[59:53.000 --> 01:00:04.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:04.000 --> 01:00:15.000]  You're listening to The Liberty Beat, your daily source for Liberty news and activist updates, online at TheLibertyBeat.com.
[01:00:15.000 --> 01:00:27.000]  Don Bush here with your Liberty Beat for Friday, August 2, 2013. Gold opens today at $1,300, silver at $19.71, and good point is trading at $106.
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[01:00:45.000 --> 01:00:54.000]  And now the news. Postmaster General Patrick Donahue has revealed that the Postal Service takes pictures of every piece of mail processed in the United States.
[01:00:54.000 --> 01:01:05.000]  In a recent interview with the Associated Press, Donahue said the photos of the exterior of mail pieces are kept on hand for up to a month and used for the sorting process as well as to assist law enforcement.
[01:01:05.000 --> 01:01:12.000]  The Postmaster General went on to say that there is no central database of images because the images are kept on independent machines at facilities around the country.
[01:01:12.000 --> 01:01:21.000]  Machines take photographs so software can read the images to create a barcode that is stamped on the mail to show where and when it was processed and where it will be delivered.
[01:01:21.000 --> 01:01:28.000]  The program, known as Mail and Isolation Control and Tracking, was created after the anthrax attacks in late 2001 that killed five people.
[01:01:28.000 --> 01:01:44.000]  The program collects information from the outside of your mail, including names, addresses, return addresses, and postmark locations in the hopes of providing the government and law enforcement with a map of your contacts in order to solve crimes.
[01:01:44.000 --> 01:01:56.000]  Journalists Jason Leopold and Ryan Shapiro filed a joint suit on Friday after the Federal Bureau of Investigation failed to respond to their Freedom of Information Act requests within the 20-hour working day period required by law.
[01:01:56.000 --> 01:02:04.000]  Following prominent journalist Michael Hastings' mysterious death in an early morning crash last month, Leopold and Shapiro both sent FOIA requests to the FBI.
[01:02:04.000 --> 01:02:16.000]  Channel 6 in San Diego has also investigated the death, filing FOIA requests for the police report, 911 call, autopsy, bomb squad, and toxicology reports that they say continue to be ignored by the LAPD.
[01:02:16.000 --> 01:02:27.000]  Suspicion surrounding Hastings' death began to arise when it was revealed that he had sent out an email to friends 15 hours before his crash, stating he was on to a big story and needed to go off the radar for a bit.
[01:02:27.000 --> 01:02:34.000]  Seculeaks also reported that Hastings had contacted them a few hours before his death, complaining of being under investigation by the FBI.
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[01:02:52.000 --> 01:03:00.000]  This is The Liberty Beat for August 2, 2013. Be sure to check out our new and improved website at TheLibertyBeat.com.
[01:03:22.000 --> 01:03:51.000]  Okay, we are back, Randy Kelton, Debra Stevens, Rue de la Radio, and we're going to Andean, Texas.
[01:03:51.000 --> 01:03:53.000]  Hello, Andy.
[01:03:53.000 --> 01:03:55.000]  Hello, Randy. How are you doing tonight?
[01:03:55.000 --> 01:04:00.000]  I'm doing good. What do you have for us tonight?
[01:04:00.000 --> 01:04:09.000]  I've got a couple of cases I'm working on right now. The first one I want to bring up here is the – in last December, I was pulled over by a state trooper,
[01:04:09.000 --> 01:04:21.000]  and he cited me for three violations – speeding, failure to maintain financial responsibility, and a driving license invalid.
[01:04:21.000 --> 01:04:32.000]  Now, he generated two separate electronic tickets. One of them sent the speeding and the failure to maintain to one precinct,
[01:04:32.000 --> 01:04:37.000]  and then the driving license invalid to a completely separate precinct.
[01:04:37.000 --> 01:04:48.000]  Now, I went to each of the precincts, but, you know, after the 24-hour period had already been breached right before the first action in the case,
[01:04:48.000 --> 01:04:55.000]  and made my first filings. That way I could claim, you know, lack of notice – of timing notice.
[01:04:55.000 --> 01:05:07.000]  I made my first filings, and the justice – the piece that had the case on the driving license invalid generated a court date,
[01:05:07.000 --> 01:05:18.000]  and I actually – I got it thrown out. I beat the case because what happened is it sent this – the DTS – I don't know how – what happened.
[01:05:18.000 --> 01:05:26.000]  I have no idea what went down here, but that particular JP did not have physical jurisdiction over the particular area,
[01:05:26.000 --> 01:05:33.000]  so he dismissed it based on, you know, lack of jurisdiction – geographic jurisdiction.
[01:05:33.000 --> 01:05:42.000]  Now, that was two months ago. Now, on the 30th of July, the other precinct sent a letter to me stating that they set a court date
[01:05:42.000 --> 01:05:57.000]  for the issues before – that I had before it on September 6. My question on this is, should I enter a motion to dismiss failure to prosecute?
[01:05:57.000 --> 01:05:59.000]  How old is it?
[01:05:59.000 --> 01:06:09.000]  The original instance was in December – actually, around December 20th of last year, and they didn't actually – I haven't had any kind of a hearing on the motions
[01:06:09.000 --> 01:06:14.000]  or anything at all. I just got a letter out of the blue a couple days ago saying –
[01:06:14.000 --> 01:06:24.000]  You need to – okay. What they say is if you don't demand speedy trial, you waive it. So file a demand for speedy trial,
[01:06:24.000 --> 01:06:29.000]  and then file a motion to dismiss too old to prosecute.
[01:06:29.000 --> 01:06:37.000]  What's the rule of thumb on the – was it 180 days? What do you think? Is there any kind of a heart and family rule on –
[01:06:37.000 --> 01:06:51.000]  Well, in looking – was it 3202A? Now, 3202A, the claim has been repealed, and it hasn't actually been repealed.
[01:06:51.000 --> 01:07:05.000]  That portion of the act that prescribes a judicial determination is repealed, but the intent of the act in stating a time limit
[01:07:05.000 --> 01:07:12.000]  in which the state has to prosecute was not effect – it was not repealed.
[01:07:12.000 --> 01:07:18.000]  So what it says is on a Class A misdemeanor – Class C misdemeanor, they got 30 days.
[01:07:18.000 --> 01:07:22.000]  Oh, my God. I should have done this a few months ago.
[01:07:22.000 --> 01:07:29.000]  Yeah. Class B is 90. Class A is 120.
[01:07:29.000 --> 01:07:30.000]  Okay.
[01:07:30.000 --> 01:07:32.000]  And felony is 180.
[01:07:32.000 --> 01:07:39.000]  I completely missed that. So they're way outside of – so should I do the motion for a speedy trial
[01:07:39.000 --> 01:07:43.000]  and then the very following day or at the same time drop both of them on them?
[01:07:43.000 --> 01:07:47.000]  You can do – I think you can do them at the same time. I don't think they'll make any difference.
[01:07:47.000 --> 01:07:51.000]  I don't think anything will make any difference. They're probably going to, you know, ignore it all anyway.
[01:07:51.000 --> 01:07:54.000]  Yeah, they're going to – yeah, ignore it anyway, but –
[01:07:54.000 --> 01:07:58.000]  At least they got more arrows in the quiver, so to speak, when it goes to the appellate.
[01:07:58.000 --> 01:08:03.000]  Yeah. Then you start judicial conduct, complaining them and bar grieving them.
[01:08:03.000 --> 01:08:05.000]  That's what will start making them nervous.
[01:08:05.000 --> 01:08:09.000]  We've got a target situation coming up here. This next one is interesting.
[01:08:09.000 --> 01:08:15.000]  Okay. So that – I appreciate that. That's good information on that particular – those issues there.
[01:08:15.000 --> 01:08:24.000]  There's other deals in Hayes County, and I got pulled over on by a trooper – no, by a county sheriff,
[01:08:24.000 --> 01:08:29.000]  by a sheriff – about 1 a.m. on January 31st.
[01:08:29.000 --> 01:08:35.000]  And I was in a small town in Hayes County, and yeah, I live outside of the city,
[01:08:35.000 --> 01:08:39.000]  and I realized it was so late, the store was already closed,
[01:08:39.000 --> 01:08:41.000]  so I went through the parking lot and turned around and went the other way.
[01:08:41.000 --> 01:08:45.000]  But this guy thought I was avoiding him, so he sneaks up around, sneaks around, comes down.
[01:08:45.000 --> 01:08:48.000]  And I'm on a back country road when he comes up behind me and turns his lights on.
[01:08:48.000 --> 01:08:51.000]  He pulled me over, he said, because my brake light was out.
[01:08:51.000 --> 01:08:54.000]  The center brake light went in the back window, which it was.
[01:08:54.000 --> 01:08:55.000]  I don't know that that really matters.
[01:08:55.000 --> 01:08:59.000]  I think that as long as you have the two, they're on the corners of the back door.
[01:08:59.000 --> 01:09:02.000]  I don't know. I haven't really studied that part of it.
[01:09:02.000 --> 01:09:08.000]  Yeah. As far as I know, you're only required to have one brake light.
[01:09:08.000 --> 01:09:13.000]  You know, my dad had a 1960-some-odd old pickup, and that's the way it came.
[01:09:13.000 --> 01:09:17.000]  Old Chevy pickup came with one round brake light back there, right over the light.
[01:09:17.000 --> 01:09:18.000]  One round brake light, yeah.
[01:09:18.000 --> 01:09:26.000]  If you have a vehicle that, when it was manufactured, was legal, then it's still legal.
[01:09:26.000 --> 01:09:31.000]  You know, there were some of the old cars didn't have windshields, didn't have windshield wipers.
[01:09:31.000 --> 01:09:33.000]  They're still legal.
[01:09:33.000 --> 01:09:42.000]  But even if it come out with two brake lights, as far as I know, you don't have to have both brake lights working.
[01:09:42.000 --> 01:09:53.000]  I don't know. I thought that was odd, but here's the kicker. So he wrote right to his ticket, and the appearance day is 231-13.
[01:09:53.000 --> 01:09:57.000]  So, you know, of course I saw that thought, hmm.
[01:09:57.000 --> 01:09:59.000]  That's pretty good.
[01:09:59.000 --> 01:10:00.000]  Yeah.
[01:10:00.000 --> 01:10:03.000]  So did you show up on 231-13?
[01:10:03.000 --> 01:10:08.000]  I'm still waiting for that day to show up. I haven't missed that date yet.
[01:10:08.000 --> 01:10:14.000]  Here's the thing, though. I knew that they were eventually going to – I get a letter on April – it was generated April 8th.
[01:10:14.000 --> 01:10:19.000]  I get a letter a few days after that from the court clerk saying that, you know,
[01:10:19.000 --> 01:10:24.000]  the time allowed for you to reply to the above charge has expired unless you're remittent of the fine amount.
[01:10:24.000 --> 01:10:29.000]  Of course, you know, revenue generation is not about, you know, it's not about justice any longer.
[01:10:29.000 --> 01:10:30.000]  It's about generation.
[01:10:30.000 --> 01:10:38.000]  You know, unless the fine amount is not received at once, you'll also be charged with failure to appear, so they give you a little opportunity there.
[01:10:38.000 --> 01:10:39.000]  So I'm thinking, I haven't missed that.
[01:10:39.000 --> 01:10:43.000]  And then they go into, you know, the Office of Payment, and then down at the bottom it says, you know, that –
[01:10:43.000 --> 01:10:49.000]  or number two, you know, you can appear in person at the court and arrange to enter a plea before the court.
[01:10:49.000 --> 01:10:54.000]  Well, of course, I'm not going to plea to something that I wasn't involved in, of course.
[01:10:54.000 --> 01:11:02.000]  So I go down there and it says by the 18th, so I show up on the 18th with first filings all notarized from earlier that morning.
[01:11:02.000 --> 01:11:06.000]  I got everything ready to go, ready to, you know, enter my first filing.
[01:11:06.000 --> 01:11:10.000]  And the lady behind the window there says, what's this?
[01:11:10.000 --> 01:11:11.000]  This is a court of no record.
[01:11:11.000 --> 01:11:12.000]  I don't know what this is.
[01:11:12.000 --> 01:11:13.000]  I've been here eight years.
[01:11:13.000 --> 01:11:16.000]  And, you know, she wouldn't accept any of my filing.
[01:11:16.000 --> 01:11:20.000]  I said, well, how do I communicate with the judge?
[01:11:20.000 --> 01:11:23.000]  She says, well, you need to enter a plea, and then, you know, you be able to set a court date.
[01:11:23.000 --> 01:11:28.000]  I said, well, I'd like to give you these, you know.
[01:11:28.000 --> 01:11:29.000]  She looked at them.
[01:11:29.000 --> 01:11:30.000]  She said, I don't know what any of this stuff is.
[01:11:30.000 --> 01:11:32.000]  I said, well, yes, you're not a lawyer.
[01:11:32.000 --> 01:11:33.000]  You're not a judge.
[01:11:33.000 --> 01:11:34.000]  You're not even supposed to be looking at those.
[01:11:34.000 --> 01:11:35.000]  I wasn't combative anyway.
[01:11:35.000 --> 01:11:37.000]  I said it in a nice way, you know, in a nice way.
[01:11:37.000 --> 01:11:40.000]  She said, well, I've got to have the judge look at these, and he's in a major case.
[01:11:40.000 --> 01:11:43.000]  So, you know, you need to just sit down over there and wait.
[01:11:43.000 --> 01:11:45.000]  And it was right before lunchtime.
[01:11:45.000 --> 01:11:46.000]  So I left a little while.
[01:11:46.000 --> 01:11:47.000]  I went down to some lunch and came back.
[01:11:47.000 --> 01:11:48.000]  She said, you missed him.
[01:11:48.000 --> 01:11:49.000]  He came out here for lunch.
[01:11:49.000 --> 01:11:52.000]  And, you know, since you weren't here, I didn't even bring it up.
[01:11:52.000 --> 01:11:53.000]  And I said, well, you didn't bring it up.
[01:11:53.000 --> 01:11:55.000]  Why don't you ask him about it?
[01:11:55.000 --> 01:11:56.000]  I said, Lee.
[01:11:56.000 --> 01:11:57.000]  He said, no, you got to wait around.
[01:11:57.000 --> 01:11:58.000]  I said, well, I've got to go to work.
[01:11:58.000 --> 01:12:00.000]  You know, you guys sent me a letter to show up today.
[01:12:00.000 --> 01:12:03.000]  Why don't you send me a letter after you find out what the judge has to say?
[01:12:03.000 --> 01:12:07.000]  And she acted like she didn't really hear me, but I know she heard me.
[01:12:07.000 --> 01:12:08.000]  So I left.
[01:12:08.000 --> 01:12:10.000]  And, of course, my tape recorder wasn't working.
[01:12:10.000 --> 01:12:12.000]  My battery door flipped open or something.
[01:12:12.000 --> 01:12:15.000]  It was bad timing.
[01:12:15.000 --> 01:12:16.000]  I never hear from them.
[01:12:16.000 --> 01:12:24.000]  Now, I had a constable show up at the ranch last, you know, Monday.
[01:12:24.000 --> 01:12:25.000]  And I wasn't here.
[01:12:25.000 --> 01:12:30.000]  And then I said, well, I guess I'll get some additional findings together.
[01:12:30.000 --> 01:12:31.000]  I'll go down there.
[01:12:31.000 --> 01:12:33.000]  And I was going to go down there Tuesday.
[01:12:33.000 --> 01:12:34.000]  And he showed up here.
[01:12:34.000 --> 01:12:36.000]  I said, well, you didn't give me 48 hours.
[01:12:36.000 --> 01:12:37.000]  Nice guy.
[01:12:37.000 --> 01:12:38.000]  You know, he talked to my parents for a little while.
[01:12:38.000 --> 01:12:41.000]  And, you know, they shot the breeze about, you know, ranch stuff.
[01:12:41.000 --> 01:12:43.000]  And anyhow, nice guy.
[01:12:43.000 --> 01:12:46.000]  And I said, well, you know, can I come down there in a couple of hours?
[01:12:46.000 --> 01:12:47.000]  I'm not through putting this paperwork together.
[01:12:47.000 --> 01:12:48.000]  I got some stuff.
[01:12:48.000 --> 01:12:49.000]  I want to go see the judge.
[01:12:49.000 --> 01:12:50.000]  He said, no, I'm here now.
[01:12:50.000 --> 01:12:51.000]  He goes, I'll do what I can for you.
[01:12:51.000 --> 01:12:55.000]  I said, well, if you take me to the judge, he goes, if you request it, we'll go right to him.
[01:12:55.000 --> 01:12:56.000]  I said, all right.
[01:12:56.000 --> 01:12:57.000]  He didn't cut me.
[01:12:57.000 --> 01:12:58.000]  He didn't even place me under arrest.
[01:12:58.000 --> 01:13:01.000]  He asked if I wanted to bring my car.
[01:13:01.000 --> 01:13:02.000]  He followed me.
[01:13:02.000 --> 01:13:04.000]  I said, well, you know, the tag is out on it.
[01:13:04.000 --> 01:13:07.000]  So I think I'll ride with you.
[01:13:07.000 --> 01:13:09.000]  So he gives me a ride down there.
[01:13:09.000 --> 01:13:11.000]  Now, I have a constable standing there.
[01:13:11.000 --> 01:13:12.000]  And we get to talk on the way there.
[01:13:12.000 --> 01:13:20.000]  He had retired already once from a full career in some sort of a state executive level investigation team or something.
[01:13:20.000 --> 01:13:21.000]  I don't know exactly what.
[01:13:21.000 --> 01:13:24.000]  But I'm talking with this clerk.
[01:13:24.000 --> 01:13:28.000]  Now, she has me there for the two charges.
[01:13:28.000 --> 01:13:32.000]  One, driving license invalid, no insurance until the second.
[01:13:32.000 --> 01:13:36.000]  And then, sir, I said, ma'am, how can I fail to appear?
[01:13:36.000 --> 01:13:38.000]  You wouldn't accept my paperwork last time.
[01:13:38.000 --> 01:13:39.000]  She said, I remember that.
[01:13:39.000 --> 01:13:41.000]  But you didn't enter a police, so you didn't appear.
[01:13:41.000 --> 01:13:42.000]  I said, but I was here.
[01:13:42.000 --> 01:13:44.000]  And the constable is hearing all this.
[01:13:44.000 --> 01:13:47.000]  I said, you know, this is one of these things where they have the glass.
[01:13:47.000 --> 01:13:50.000]  So you can kind of talk to each other without the people on the side of the glass hearing.
[01:13:50.000 --> 01:13:54.000]  At different points throughout the exchange here, by the way, I pointed out to him, that was a glass.
[01:13:54.000 --> 01:13:55.000]  They missed me or this and that.
[01:13:55.000 --> 01:13:56.000]  And he was surprised.
[01:13:56.000 --> 01:13:57.000]  He was listening in.
[01:13:57.000 --> 01:13:59.000]  She would not accept any of my paperwork.
[01:13:59.000 --> 01:14:03.000]  Finally, she goes back, talks to the judge, comes back up and says, well, you know, you need an air plea.
[01:14:03.000 --> 01:14:05.000]  I said, I don't want an air plea.
[01:14:05.000 --> 01:14:06.000]  There's nothing that requires me an air plea.
[01:14:06.000 --> 01:14:07.000]  I'm here now.
[01:14:07.000 --> 01:14:09.000]  She says, you need an air plea or you're going to have to go to jail.
[01:14:09.000 --> 01:14:14.000]  I said, you're going to, you're threatening to throw me in jail for not entering a plea.
[01:14:14.000 --> 01:14:15.000]  You're not even a judge.
[01:14:15.000 --> 01:14:16.000]  You can't accept a plea.
[01:14:16.000 --> 01:14:18.000]  And then the judge comes out and he's hot.
[01:14:18.000 --> 01:14:21.000]  He goes, look, I'm going to enter a plea over here.
[01:14:21.000 --> 01:14:22.000]  You don't have to enter a plea.
[01:14:22.000 --> 01:14:24.000]  You fill out this plea form here and I'm going to enter a plea for you.
[01:14:24.000 --> 01:14:28.000]  And then you're going to have a free trial meeting with the prosecutor.
[01:14:28.000 --> 01:14:31.000]  And you can try, if you think you know the law, you can dance with him.
[01:14:31.000 --> 01:14:34.000]  Then when you're done with him, you'll have a court date with me and you can dance some more.
[01:14:34.000 --> 01:14:39.000]  I said, I'm objecting to all this, but okay, I guess.
[01:14:39.000 --> 01:14:46.000]  My question is, how many fingerprints did my chart baby pick up right there and what should I do about it?
[01:14:46.000 --> 01:14:54.000]  Well, the first one is, did the judge order the clerk to file the pleadings?
[01:14:54.000 --> 01:14:56.000]  Oh, yeah.
[01:14:56.000 --> 01:14:57.000]  Yeah.
[01:14:57.000 --> 01:14:59.000]  As a matter of fact, they could use plea forms.
[01:14:59.000 --> 01:15:05.000]  They had enter a plea of no inconsiderate, enter a plea of guilty, enter a plea of not guilty, and then the trial options.
[01:15:05.000 --> 01:15:12.000]  I made another line above it all and I put a check mark on it and I said, cannot enter a plea at this time.
[01:15:12.000 --> 01:15:13.000]  So maybe I'm a little guilty.
[01:15:13.000 --> 01:15:19.000]  Was one of your documents a challenge to subject matter jurisdiction?
[01:15:19.000 --> 01:15:21.000]  Originally, yes, but they wouldn't accept any of my stuff.
[01:15:21.000 --> 01:15:22.000]  Again, they would not accept.
[01:15:22.000 --> 01:15:23.000]  He wouldn't accept anything.
[01:15:23.000 --> 01:15:25.000]  He said, look, this is a quarter note record.
[01:15:25.000 --> 01:15:29.000]  You can't, I felt like I was in some lala land.
[01:15:29.000 --> 01:15:34.000]  You had a constable there and you didn't ask the constable to arrest him?
[01:15:34.000 --> 01:15:44.000]  I thought about you and your 9-1-1 calls and I'm sitting there going, you know, but I'm not to that point yet with my legal station.
[01:15:44.000 --> 01:15:50.000]  Well, the judge, that's outlawry.
[01:15:50.000 --> 01:15:55.000]  I told the constable, I said, you just saw that judge commit a class A misdemeanor or higher.
[01:15:55.000 --> 01:15:56.000]  And he goes, really?
[01:15:56.000 --> 01:15:57.000]  This guy is pretty good.
[01:15:57.000 --> 01:16:02.000]  I think I got a really good witness, better than a paper reporter.
[01:16:02.000 --> 01:16:04.000]  He's a pretty good guy.
[01:16:04.000 --> 01:16:05.000]  Like I said, he didn't arrest me.
[01:16:05.000 --> 01:16:07.000]  I wasn't under arrest.
[01:16:07.000 --> 01:16:14.000]  Okay, the judge refused to allow you to file documents in the case.
[01:16:14.000 --> 01:16:20.000]  That's official oppression big time.
[01:16:20.000 --> 01:16:25.000]  Actually, that's outlawry and that's forbidden by constitution.
[01:16:25.000 --> 01:16:30.000]  So charge the judge with official oppression, the class A misdemeanor.
[01:16:30.000 --> 01:16:39.000]  Charge the clerk with official oppression for failing to perform a duty she was required to perform.
[01:16:39.000 --> 01:16:42.000]  She's married right by the constable.
[01:16:42.000 --> 01:16:43.000]  Okay, hang on.
[01:16:43.000 --> 01:16:44.000]  We're going to break.
[01:16:44.000 --> 01:16:46.000]  We will be right back on the other side.
[01:16:46.000 --> 01:16:50.000]  This is Randy Kelton, Denver Stevens, Rule of Law Radio.
[01:16:50.000 --> 01:16:54.000]  Our call-in number, 512-646-1984.
[01:16:54.000 --> 01:17:03.000]  We'll be right back.
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[01:19:54.000 --> 01:20:02.000]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Andy in Texas.
[01:20:02.000 --> 01:20:09.000]  Okay, Andy. Yeah, I would file, you start filing criminal charges against them. It'll be great fun.
[01:20:09.000 --> 01:20:13.000]  This is Hayes County. Yeah, it sure is.
[01:20:13.000 --> 01:20:17.000]  They will love it. I've had fun with Hayes County.
[01:20:17.000 --> 01:20:24.000]  I went to the district clerk and asked to see some records and she said, those are private.
[01:20:24.000 --> 01:20:28.000]  You can't see those. They were court records.
[01:20:28.000 --> 01:20:32.000]  So I told her, wait right here. Don't go anywhere.
[01:20:32.000 --> 01:20:35.000]  Somebody's going to want to talk to you.
[01:20:35.000 --> 01:20:40.000]  And they got the cell phone dialed 911.
[01:20:40.000 --> 01:20:43.000]  It took a while. A couple of city cops showed up.
[01:20:43.000 --> 01:20:50.000]  And then I had a little back and forth with them claiming they didn't have any jurisdiction in this courthouse.
[01:20:50.000 --> 01:20:54.000]  And the cops were really good.
[01:20:54.000 --> 01:21:03.000]  The cop I got was a fairly young guy and he handled himself extremely well and he handled me very well.
[01:21:03.000 --> 01:21:13.000]  You know, he said, Mr. Kelton, is there some way we can handle this situation without us arresting the district clerk?
[01:21:13.000 --> 01:21:21.000]  I said, what are you, you're not going to beat her into unconsciousness and cuff her and drag her off to jail?
[01:21:21.000 --> 01:21:25.000]  He said, no, I'm not going to beat the clerk into unconsciousness.
[01:21:25.000 --> 01:21:28.000]  I said, come on, man, we're going to have some fun around here.
[01:21:28.000 --> 01:21:33.000]  And you know, he handled me well and I didn't want to arrest it anyway.
[01:21:33.000 --> 01:21:40.000]  But man, that clerk, the next time I come in, she did, I come in the door.
[01:21:40.000 --> 01:21:45.000]  She looks up and sees me, goes out the back door.
[01:21:45.000 --> 01:21:49.000]  So they don't take joke very well.
[01:21:49.000 --> 01:22:01.000]  So is this court in, where is it at in Hays County? Is it near Santa, I mean, what do you call it, San Marcos?
[01:22:01.000 --> 01:22:04.000]  San Marcos, no, it's not. That's what I was thinking about.
[01:22:04.000 --> 01:22:10.000]  Now, if I wanted to get these documents filed into this case, do I have to go to the actual precinct clerk
[01:22:10.000 --> 01:22:15.000]  or can I go to the county clerk and file these documents and get them into this case?
[01:22:15.000 --> 01:22:20.000]  Petition the county court for a writ of mandamus.
[01:22:20.000 --> 01:22:26.000]  No, petition the court of appeals for a writ of mandamus.
[01:22:26.000 --> 01:22:28.000]  Okay.
[01:22:28.000 --> 01:22:32.000]  Oh, that'll make this judge crazy.
[01:22:32.000 --> 01:22:36.000]  He's been around a while.
[01:22:36.000 --> 01:22:42.000]  Petition the court of appeals saying that the judge refused to allow you to file motions in your defense
[01:22:42.000 --> 01:22:52.000]  and asked the court to order the JP to, is this a JP or municipal judge?
[01:22:52.000 --> 01:22:56.000]  It has to be a JP, it was DPS.
[01:22:56.000 --> 01:23:07.000]  The JP will swallow his lunch when he gets your petition to the court of appeals
[01:23:07.000 --> 01:23:11.000]  and make sure your judicial conduct complain.
[01:23:11.000 --> 01:23:14.000]  Okay, good.
[01:23:14.000 --> 01:23:16.000]  See, the guy actually stood there and looked at me in the eye
[01:23:16.000 --> 01:23:22.000]  and told me the same thing that the clerk had told me previously, which this is a court of no record.
[01:23:22.000 --> 01:23:25.000]  And I felt like slapping both of them and going, you realize what you're saying?
[01:23:25.000 --> 01:23:26.000]  You're telling me this is a court of no record.
[01:23:26.000 --> 01:23:29.000]  We're not even in the courtroom and I don't need a court reporter right now.
[01:23:29.000 --> 01:23:33.000]  So what are you talking about?
[01:23:33.000 --> 01:23:37.000]  I don't get it. He's an elected guy, so maybe he just doesn't really know.
[01:23:37.000 --> 01:23:38.000]  But he's been in that position for quite some time.
[01:23:38.000 --> 01:23:41.000]  He should understand the difference between entering a motion
[01:23:41.000 --> 01:23:45.000]  and whether or not he's a court of no record.
[01:23:45.000 --> 01:23:51.000]  Yeah, he understood the difference. He was just jerking you around.
[01:23:51.000 --> 01:23:52.000]  Well, now here's another thing.
[01:23:52.000 --> 01:23:55.000]  The clerk, she's not even the clerk, she's the administrator.
[01:23:55.000 --> 01:24:00.000]  She's got the biggest cubicle in the room there in the space behind the glass wall.
[01:24:00.000 --> 01:24:07.000]  And so she's his right hand above whatever, I guess, he's doing the clerk stuff.
[01:24:07.000 --> 01:24:12.000]  When you file criminal charges against her, you missed a great opportunity
[01:24:12.000 --> 01:24:17.000]  because I look for opportunity to ask the bailiff to arrest the judge.
[01:24:17.000 --> 01:24:18.000]  Oh, that is great fun.
[01:24:18.000 --> 01:24:25.000]  Then I have this argument with the bailiff on whether he's going to arrest the judge or not.
[01:24:25.000 --> 01:24:29.000]  I get to tell the bailiff, you know, what the judge did is just class A misdemeanor.
[01:24:29.000 --> 01:24:33.000]  But what you're doing is shielding from prosecution, 38.05, penal code.
[01:24:33.000 --> 01:24:36.000]  And that's a felony in Texas.
[01:24:36.000 --> 01:24:40.000]  You're called, Bubba.
[01:24:40.000 --> 01:24:42.000]  I guarantee you that gets their attention.
[01:24:42.000 --> 01:24:47.000]  I just did that recently in Lake Worth, Texas.
[01:24:47.000 --> 01:24:51.000]  The judge's name, I think, is Angela Wright.
[01:24:51.000 --> 01:24:58.000]  And she said I couldn't see some records because I was a security risk.
[01:24:58.000 --> 01:25:02.000]  And I said to the bailiff, do you hear that? Yes, I did.
[01:25:02.000 --> 01:25:05.000]  Arrest that woman.
[01:25:05.000 --> 01:25:09.000]  She said, Mr. Colton, if you create a disturbance, I'll arrest you.
[01:25:09.000 --> 01:25:11.000]  I said, are you threatening me?
[01:25:11.000 --> 01:25:14.000]  No, Mr. Colton, I just said, are you threatening me?
[01:25:14.000 --> 01:25:16.000]  No, Mr. Colton, I did not mean it that way.
[01:25:16.000 --> 01:25:17.000]  Then arrest that woman.
[01:25:17.000 --> 01:25:20.000]  She said, I can't arrest her. This is her court.
[01:25:20.000 --> 01:25:22.000]  I beg to differ.
[01:25:22.000 --> 01:25:23.000]  This is my court.
[01:25:23.000 --> 01:25:26.000]  And I very generously allow her to administer it according to my law.
[01:25:26.000 --> 01:25:29.000]  Now she violated it. Now arrest her.
[01:25:29.000 --> 01:25:34.000]  The judge sat there and kept her mouth shut
[01:25:34.000 --> 01:25:41.000]  because she knew one word out of her tampered with the witness obstruction of justice.
[01:25:41.000 --> 01:25:44.000]  This judge knew what the law was.
[01:25:44.000 --> 01:25:46.000]  He just didn't want to follow it.
[01:25:46.000 --> 01:25:52.000]  So look on, are you familiar with jurisimprudence.com?
[01:25:52.000 --> 01:25:54.000]  Yes, sir. Yes, I am.
[01:25:54.000 --> 01:25:56.000]  Okay. Go there.
[01:25:56.000 --> 01:25:58.000]  Go there and look in the documents section.
[01:25:58.000 --> 01:26:00.000]  You'll find some examples.
[01:26:00.000 --> 01:26:03.000]  Actually, right there on the face, you'll find some examples of complaints.
[01:26:03.000 --> 01:26:07.000]  But if you look in the documents section, you'll find some traffic stuff in there.
[01:26:07.000 --> 01:26:10.000]  It's a little old. I haven't updated it in a while.
[01:26:10.000 --> 01:26:13.000]  I really need to get in there and put in some new stuff.
[01:26:13.000 --> 01:26:16.000]  But it'll give you an example of how to write up the complaints.
[01:26:16.000 --> 01:26:19.000]  Oh, I'm telling you, it is great fun.
[01:26:19.000 --> 01:26:21.000]  I just went into Azel, Texas.
[01:26:21.000 --> 01:26:26.000]  They gave me a ticket for speeding and I actually wasn't.
[01:26:26.000 --> 01:26:30.000]  It was like one in the morning. Cops didn't have anything to do.
[01:26:30.000 --> 01:26:33.000]  And he asked me if I had proof of insurance.
[01:26:33.000 --> 01:26:36.000]  He asked me if I had insurance. Of course I do.
[01:26:36.000 --> 01:26:38.000]  He said, I'd like to see your proof of insurance.
[01:26:38.000 --> 01:26:41.000]  I said, go check your computer.
[01:26:41.000 --> 01:26:43.000]  You can see it's in there. I don't do that.
[01:26:43.000 --> 01:26:46.000]  Well, do that. I told you I don't do that.
[01:26:46.000 --> 01:26:49.000]  Well, I'm not going to show you my proof of insurance.
[01:26:49.000 --> 01:26:52.000]  He said, Mr. Count, do you have insurance? Of course.
[01:26:52.000 --> 01:26:54.000]  I want to see it. No.
[01:26:54.000 --> 01:26:58.000]  Then I'll write you a ticket. Knock yourself out.
[01:26:58.000 --> 01:27:01.000]  He wrote me two tickets.
[01:27:01.000 --> 01:27:05.000]  I went to court and they called my name and I walked up there
[01:27:05.000 --> 01:27:08.000]  and I looked at the judge and I said, Your Honor,
[01:27:08.000 --> 01:27:15.000]  I seem to remember a judge here named, I think his name was Dedman,
[01:27:15.000 --> 01:27:20.000]  but I don't remember him having quite that much gray hair.
[01:27:20.000 --> 01:27:25.000]  The judge looked up at me and said, Yes, Mr. Kelton,
[01:27:25.000 --> 01:27:30.000]  I don't remember you having quite as big a bulge around your middle.
[01:27:30.000 --> 01:27:35.000]  Oh, you remember me. Oh, yeah, I remember you.
[01:27:35.000 --> 01:27:39.000]  And I tried to get him to arrest the officer. He wouldn't do it.
[01:27:39.000 --> 01:27:44.000]  I tried to get him to hold an examining trial and he wouldn't do it.
[01:27:44.000 --> 01:27:48.000]  I tried to get the prosecutor to take my complaint against him
[01:27:48.000 --> 01:27:52.000]  and he wouldn't do it. Oh, I just had a great time.
[01:27:52.000 --> 01:27:59.000]  Now I can't get him to call me back to court. What's the deal?
[01:27:59.000 --> 01:28:04.000]  Anyway, you'll find that once you kind of get this figured out,
[01:28:04.000 --> 01:28:10.000]  it's a great opportunity to figure out how to jerk him around.
[01:28:10.000 --> 01:28:13.000]  Well, we need to straighten them out.
[01:28:13.000 --> 01:28:17.000]  We need to straighten them out and get them to start working within the law.
[01:28:17.000 --> 01:28:20.000]  I've been listening to you for a while and what you say makes a lot of sense.
[01:28:20.000 --> 01:28:23.000]  We don't need to scrap this system. We just need to get them back into it.
[01:28:23.000 --> 01:28:26.000]  They're just way outside of the line.
[01:28:26.000 --> 01:28:32.000]  Exactly. They're so far outside of the line it's real easy to hammer them.
[01:28:32.000 --> 01:28:37.000]  They make themselves easy targets.
[01:28:37.000 --> 01:28:40.000]  Okay. Stay after them.
[01:28:40.000 --> 01:28:46.000]  Keep us up to date on what occurs and go on Jewish imprudence.
[01:28:46.000 --> 01:28:51.000]  If you have some questions, just send me an email and I'll answer your questions.
[01:28:51.000 --> 01:28:54.000]  We need more people kicking their behinds.
[01:28:54.000 --> 01:28:56.000]  That's my plan.
[01:28:56.000 --> 01:29:00.000]  I'm going to send you an email because I'd like to get some of the documents you've developed,
[01:29:00.000 --> 01:29:05.000]  your mortgage issues that you've developed for my sister.
[01:29:05.000 --> 01:29:08.000]  She's getting ready. She's current with her mortgage,
[01:29:08.000 --> 01:29:11.000]  but she's been getting played with by Wells Fargo.
[01:29:11.000 --> 01:29:16.000]  I think we're going to go ahead and do a little dance with Wells Fargo.
[01:29:16.000 --> 01:29:19.000]  Okay. Give me an email. I'll send her some documents.
[01:29:19.000 --> 01:29:26.000]  I do a call-in show on Wednesdays to teleconference.
[01:29:26.000 --> 01:29:31.000]  Send me an email and I'll send you the number to call into that.
[01:29:31.000 --> 01:29:32.000]  All right.
[01:29:32.000 --> 01:29:35.000]  That's strictly on foreclosure.
[01:29:35.000 --> 01:29:37.000]  Good evening.
[01:29:37.000 --> 01:29:42.000]  Okay. Thank you. This is Randy Kelton, W. Stevens, Wheel of Law Radio.
[01:29:42.000 --> 01:29:47.000]  When we come back, we'll go into Kathy and then Johnny, Katherine in Oregon,
[01:29:47.000 --> 01:29:50.000]  and then Johnny in Texas.
[01:29:50.000 --> 01:29:55.000]  Our call-in number is 512-646-1984.
[01:29:55.000 --> 01:29:59.000]  I tripped over my tongue again, which gets worse as the night goes on.
[01:29:59.000 --> 01:30:01.000]  He'll be right.
[01:30:01.000 --> 01:30:04.000]  Do you have a chocolate monster inside?
[01:30:04.000 --> 01:30:08.000]  Do you know the one that forces you to eat a chocolate bar even though it's not on your diet?
[01:30:08.000 --> 01:30:14.000]  I'm Dr. Katherine Albrecht, and I'll be back in a moment with a tip to tame temptation that really works.
[01:30:14.000 --> 01:30:18.000]  Your search engine is watching you, recording all your searches
[01:30:18.000 --> 01:30:21.000]  and creating a massive database of your personal information.
[01:30:21.000 --> 01:30:22.000]  That's creepy.
[01:30:22.000 --> 01:30:24.000]  But it doesn't have to be that way.
[01:30:24.000 --> 01:30:27.000]  Startpage.com is the world's most private search engine.
[01:30:27.000 --> 01:30:31.000]  Startpage doesn't store your IP address, make a record of your searches,
[01:30:31.000 --> 01:30:34.000]  or use tracking cookies, and they're third-party certified.
[01:30:34.000 --> 01:30:38.000]  If you don't like Big Brother spying on you, start over with Startpage.
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[01:30:41.000 --> 01:30:45.000]  Startpage.com, the world's most private search engine.
[01:30:45.000 --> 01:30:50.000]  There's nothing quite like melt-in-your-mouth chocolate, but it can sure sabotage a healthy diet.
[01:30:50.000 --> 01:30:54.000]  When I get a hankering, I just recall the U.S. Food and Drug Administration guidelines
[01:30:54.000 --> 01:30:57.000]  for adulteration and filth in chocolate.
[01:30:57.000 --> 01:31:01.000]  You might think the agency would forbid filth and contamination, but they don't.
[01:31:01.000 --> 01:31:02.000]  They just set limits.
[01:31:02.000 --> 01:31:06.000]  For example, the FDA allows an average of 59 insect fragments
[01:31:06.000 --> 01:31:09.000]  and one rat hair in 100 grams of chocolate.
[01:31:09.000 --> 01:31:14.000]  To put that in perspective, 100 grams is about the weight of a 3.5-ounce sampler box
[01:31:14.000 --> 01:31:16.000]  with eight chocolate candies. Yuck.
[01:31:16.000 --> 01:31:20.000]  Just think wings, legs, and hair the next time you're dieting.
[01:31:20.000 --> 01:31:21.000]  It works like a charm.
[01:31:21.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:01.000 --> 01:33:12.000]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:31.000 --> 01:33:38.000]  Okay, we are back.
[01:33:38.000 --> 01:33:41.000]  Randy Kelton, Debbie Stevens, Root of Law Radio.
[01:33:41.000 --> 01:33:45.000]  And we're going to Catherine in Oregon.
[01:33:45.000 --> 01:33:47.000]  Hello, Miss Catherine.
[01:33:47.000 --> 01:33:51.000]  Oh, yes. Hello. Hello.
[01:33:51.000 --> 01:33:55.000]  Hello. Hello. You have a question or a comment?
[01:33:55.000 --> 01:33:57.000]  Yes, I do.
[01:33:57.000 --> 01:34:01.000]  I'm in Gladstone, Oregon, okay?
[01:34:01.000 --> 01:34:09.000]  And I had my car, I was traveling on the freeway,
[01:34:09.000 --> 01:34:14.000]  and the police pulled me over because my tags were scratched off on my plate, okay?
[01:34:14.000 --> 01:34:17.000]  Well, they went ahead.
[01:34:17.000 --> 01:34:21.000]  He basically arrested me and kept me in the car for a period of time.
[01:34:21.000 --> 01:34:23.000]  I kept telling him I wasn't doing commerce.
[01:34:23.000 --> 01:34:25.000]  You know, I explained all that to him.
[01:34:25.000 --> 01:34:33.000]  Anyway, I went from there, and then they dismissed all the tickets, okay?
[01:34:33.000 --> 01:34:41.000]  And then that same officer that gave me the tickets, the first citation, comes over to my plate,
[01:34:41.000 --> 01:34:46.000]  goes through my neighbor's place to get to me because I normally keep the gate locked,
[01:34:46.000 --> 01:34:56.000]  and reissues me the same citation, again, backdated for May 10th, for June 11th, okay?
[01:34:56.000 --> 01:35:07.000]  So now they went ahead and they did a different trial date, okay?
[01:35:07.000 --> 01:35:09.000]  Wait a minute. Hold on.
[01:35:09.000 --> 01:35:10.000]  Yes.
[01:35:10.000 --> 01:35:16.000]  Did he, why did they dismiss the first one?
[01:35:16.000 --> 01:35:19.000]  They didn't, what they, well, I called today.
[01:35:19.000 --> 01:35:24.000]  What he told me, the reason why they dismissed it, because it was a computer error.
[01:35:24.000 --> 01:35:29.000]  But then they keep doing a retrial because I keep rebutting everything that they're saying to me.
[01:35:29.000 --> 01:35:31.000]  I keep telling them, no, I'm not doing commerce.
[01:35:31.000 --> 01:35:33.000]  No crime was done.
[01:35:33.000 --> 01:35:34.000]  You know, I explained to them.
[01:35:34.000 --> 01:35:36.000]  Wait a minute, wait a minute.
[01:35:36.000 --> 01:35:40.000]  You went to court and they dismissed the case?
[01:35:40.000 --> 01:35:41.000]  No, no, I didn't go to court.
[01:35:41.000 --> 01:35:46.000]  They dismissed the case before there was a court hearing.
[01:35:46.000 --> 01:35:47.000]  Oh, okay.
[01:35:47.000 --> 01:35:48.000]  Okay.
[01:35:48.000 --> 01:35:57.000]  So they dismissed the original complaint, and did he write the complaint incorrectly?
[01:35:57.000 --> 01:36:02.000]  What he said was that they reissued the tickets.
[01:36:02.000 --> 01:36:07.000]  The reason why they reissued it was because of the computer error.
[01:36:07.000 --> 01:36:09.000]  Well, you've had a dismissal.
[01:36:09.000 --> 01:36:11.000]  This is double jeopardy.
[01:36:11.000 --> 01:36:20.000]  We don't, they're, they are required to keep their records so as to avoid error.
[01:36:20.000 --> 01:36:28.000]  If they want to re-prosecute, then they're in violation of Constitution.
[01:36:28.000 --> 01:36:33.000]  It even applies in Class C misdemeanors.
[01:36:33.000 --> 01:36:35.000]  You need to file a pleading.
[01:36:35.000 --> 01:36:41.000]  There's three pleadings, challenge to subject matter jurisdiction,
[01:36:41.000 --> 01:36:48.000]  challenge to in personam jurisdiction, and double jeopardy.
[01:36:48.000 --> 01:36:52.000]  This one's double jeopardy.
[01:36:52.000 --> 01:36:54.000]  Okay.
[01:36:54.000 --> 01:36:59.000]  It doesn't matter that they didn't call you to court.
[01:36:59.000 --> 01:37:02.000]  They issued, they dismissed.
[01:37:02.000 --> 01:37:08.000]  They can't come back and try you again for the same crime.
[01:37:08.000 --> 01:37:12.000]  They made a computer error, their problem, not your problem.
[01:37:12.000 --> 01:37:15.000]  Yeah, well, they, let's see what the, but there was no, I mean,
[01:37:15.000 --> 01:37:17.000]  I didn't go to a hearing the first time at all.
[01:37:17.000 --> 01:37:18.000]  They just canceled it.
[01:37:18.000 --> 01:37:19.000]  They dismissed it.
[01:37:19.000 --> 01:37:21.000]  They voided those tickets.
[01:37:21.000 --> 01:37:26.000]  They did, you only get to dismiss a case once.
[01:37:26.000 --> 01:37:27.000]  Oh, I'm sorry.
[01:37:27.000 --> 01:37:31.000]  I'm thinking my bad.
[01:37:31.000 --> 01:37:36.000]  They dismissed, you still should, should claim double jeopardy.
[01:37:36.000 --> 01:37:44.000]  You only get to come back after you've dismissed if you have new evidence.
[01:37:44.000 --> 01:37:51.000]  If they dismissed because of their error, do you still have a right to due process?
[01:37:51.000 --> 01:37:52.000]  I know.
[01:37:52.000 --> 01:37:55.000]  But that's not where you were really going.
[01:37:55.000 --> 01:37:57.000]  Okay.
[01:37:57.000 --> 01:38:03.000]  Put in a plea to the jurisdiction under double jeopardy.
[01:38:03.000 --> 01:38:06.000]  Make them answer that one anyway.
[01:38:06.000 --> 01:38:07.000]  Okay.
[01:38:07.000 --> 01:38:08.000]  What else?
[01:38:08.000 --> 01:38:11.000]  What was the other question you were going to ask?
[01:38:11.000 --> 01:38:14.000]  Okay, well, I mean, so there is something wrong with that, right?
[01:38:14.000 --> 01:38:21.000]  He can't just come to my house and reissue it like he's pulling me over again in my car when my car is in town, right?
[01:38:21.000 --> 01:38:22.000]  Yeah.
[01:38:22.000 --> 01:38:25.000]  Did he have you sign the ticket?
[01:38:25.000 --> 01:38:29.000]  No, no, I have not signed anything with them.
[01:38:29.000 --> 01:38:30.000]  Good.
[01:38:30.000 --> 01:38:33.000]  No, I have no wedding tickets or nothing.
[01:38:33.000 --> 01:38:36.000]  I told them I won't sign anything.
[01:38:36.000 --> 01:38:46.000]  Okay. I just put in some motions in this last ticket I got that kept them from bringing me to trial.
[01:38:46.000 --> 01:39:01.000]  And what the motions were was the requirements that an officer has to meet in order to act in the capacity of a police officer.
[01:39:01.000 --> 01:39:07.000]  You need to look at the traffic code for Oregon.
[01:39:07.000 --> 01:39:15.000]  In Texas, we have peace officers and we have police officers.
[01:39:15.000 --> 01:39:20.000]  A police officer is a traffic cop.
[01:39:20.000 --> 01:39:25.000]  DPS, Department of Public Safety, the state police, they're traffic cops.
[01:39:25.000 --> 01:39:28.000]  And all they can do is enforce traffic.
[01:39:28.000 --> 01:39:35.000]  But what they do is set up a set of standards in order for them to enforce the traffic laws.
[01:39:35.000 --> 01:39:38.000]  They have to go through certain trainings and such.
[01:39:38.000 --> 01:39:47.000]  And the states allow local law enforcement to enforce these standards.
[01:39:47.000 --> 01:39:54.000]  But they have to go through this training and have to get where I'm going here.
[01:39:54.000 --> 01:40:04.000]  They're thinking in order for someone to enforce the traffic code against commercial truck drivers,
[01:40:04.000 --> 01:40:11.000]  they have to have all of these certifications so they can stop a truck, inspect a truck,
[01:40:11.000 --> 01:40:14.000]  check its log books and all these things for commercial drivers.
[01:40:14.000 --> 01:40:16.000]  They forget that you're commercial.
[01:40:16.000 --> 01:40:19.000]  They're charging you being commercial too.
[01:40:19.000 --> 01:40:20.000]  I know.
[01:40:20.000 --> 01:40:22.000]  So it's all commercial.
[01:40:22.000 --> 01:40:29.000]  So in order for them to stop you, they have to have all these certifications.
[01:40:29.000 --> 01:40:32.000]  So I asked them for evidence of these certifications.
[01:40:32.000 --> 01:40:35.000]  They had no idea what I was talking about.
[01:40:35.000 --> 01:40:40.000]  And when I sent them the information request,
[01:40:40.000 --> 01:40:46.000]  the custodian of the record asked me if I could be more clear.
[01:40:46.000 --> 01:40:52.000]  And I said no.
[01:40:52.000 --> 01:40:56.000]  They said they didn't have any records responsive to my request.
[01:40:56.000 --> 01:41:06.000]  So since the administrative code requires that for an officer to enforce the traffic code,
[01:41:06.000 --> 01:41:10.000]  the traffic laws, the commercial traffic code,
[01:41:10.000 --> 01:41:17.000]  he has to have these certifications, no evidence that he has them, he lacks subject matter jurisdiction.
[01:41:17.000 --> 01:41:19.000]  Okay.
[01:41:19.000 --> 01:41:21.000]  Look at that.
[01:41:21.000 --> 01:41:33.000]  Look at how they established the traffic code in Oregon, how it is commercial.
[01:41:33.000 --> 01:41:37.000]  And who can enforce the traffic code in Oregon?
[01:41:37.000 --> 01:41:39.000]  Okay, go ahead.
[01:41:39.000 --> 01:41:41.000]  I keep interrupting you.
[01:41:41.000 --> 01:41:42.000]  No, no, it's okay.
[01:41:42.000 --> 01:41:50.000]  It's ODOT that actually does that.
[01:41:50.000 --> 01:41:57.000]  From what I understand, from what I read, they're the ones that regulate traffic.
[01:41:57.000 --> 01:41:58.000]  Okay.
[01:41:58.000 --> 01:42:06.000]  What other issues are you looking for ways to fight the case?
[01:42:06.000 --> 01:42:07.000]  Well, no.
[01:42:07.000 --> 01:42:14.000]  Well, yes, I mean, they basically, you know, they canceled the trial for the first,
[01:42:14.000 --> 01:42:16.000]  which was yesterday.
[01:42:16.000 --> 01:42:20.000]  And so I went in and I gave them some more paperwork and their exhibits,
[01:42:20.000 --> 01:42:23.000]  which were the laws and stuff, you know, and their ORSs.
[01:42:23.000 --> 01:42:28.000]  And so she said that they, I asked her, I said, well, why the set-off?
[01:42:28.000 --> 01:42:29.000]  Who did the set-off?
[01:42:29.000 --> 01:42:32.000]  You know, and she said, well, the court did because of a scheduling issue.
[01:42:32.000 --> 01:42:35.000]  So what they did was they, you know, canceled it.
[01:42:35.000 --> 01:42:37.000]  Wait a minute, wait a minute.
[01:42:37.000 --> 01:42:38.000]  They ordered you to court.
[01:42:38.000 --> 01:42:42.000]  And then when you got there, they had continued it?
[01:42:42.000 --> 01:42:44.000]  No, no, no, no, no, no.
[01:42:44.000 --> 01:42:45.000]  No, no, no, no.
[01:42:45.000 --> 01:42:49.000]  They are supposed to have a court date on this first.
[01:42:49.000 --> 01:42:50.000]  Okay?
[01:42:50.000 --> 01:42:51.000]  Okay.
[01:42:51.000 --> 01:42:55.000]  I showed up yesterday before the, you know, before the time and she said, well,
[01:42:55.000 --> 01:43:03.000]  they're not having that court today, you know, but they let me know ahead.
[01:43:03.000 --> 01:43:06.000]  How much is your time worth?
[01:43:06.000 --> 01:43:07.000]  I don't know.
[01:43:07.000 --> 01:43:12.000]  I just wanted, I just want my car back and I want these tickets resolved.
[01:43:12.000 --> 01:43:14.000]  I'm not doing commerce.
[01:43:14.000 --> 01:43:15.000]  I tried to explain that to them.
[01:43:15.000 --> 01:43:16.000]  Wait a minute.
[01:43:16.000 --> 01:43:17.000]  I showed them.
[01:43:17.000 --> 01:43:18.000]  Okay.
[01:43:18.000 --> 01:43:19.000]  Wait a minute.
[01:43:19.000 --> 01:43:20.000]  Your car back?
[01:43:20.000 --> 01:43:21.000]  Yeah.
[01:43:21.000 --> 01:43:22.000]  I must have missed something.
[01:43:22.000 --> 01:43:24.000]  They impounded your car?
[01:43:24.000 --> 01:43:27.000]  Yes, sir.
[01:43:27.000 --> 01:43:28.000]  Yes, they did.
[01:43:28.000 --> 01:43:31.000]  For what reason?
[01:43:31.000 --> 01:43:36.000]  Because it was for driving while suspended, I guess.
[01:43:36.000 --> 01:43:41.000]  No insurance and no tax.
[01:43:41.000 --> 01:43:42.000]  Okay.
[01:43:42.000 --> 01:43:43.000]  Hang on.
[01:43:43.000 --> 01:43:44.000]  We're about to go to break.
[01:43:44.000 --> 01:43:47.000]  We'll address this when we come back on the other side.
[01:43:47.000 --> 01:43:50.000]  This is Randy Kelton, Deborah Stevens, Wheel of Law Radio.
[01:43:50.000 --> 01:43:54.000]  Our call-in number, 512-646-1984.
[01:43:54.000 --> 01:44:00.000]  We'll be right back.
[01:44:00.000 --> 01:44:03.000]  You feel tired when talking about important topics like money and politics?
[01:44:03.000 --> 01:44:04.000]  Sorry.
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[01:46:22.000 --> 01:46:49.000]  Okay, we are back.
[01:46:49.000 --> 01:46:57.000]  This is my friend, Calvin Davis-Stevens, rule of law radio, and we're talking to Katherine in Oregon.
[01:46:57.000 --> 01:47:00.000]  If I can get her on mute. There we go. Okay.
[01:47:00.000 --> 01:47:17.000]  If your car has been impounded since May, that is a real problem because the impound yard is going to charge an incredible amount per day to hold the car.
[01:47:17.000 --> 01:47:22.000]  So any time your car is impounded, you need to get it immediately.
[01:47:22.000 --> 01:47:30.000]  And you can argue the propriety of the taking later, but first you need to get the car quickly.
[01:47:30.000 --> 01:47:37.000]  Well, it's too late. It was happening in May 10th. I tried to deal with it as soon as I could.
[01:47:37.000 --> 01:47:41.000]  They told me they would not release the car. I kept telling them that I wasn't doing commerce.
[01:47:41.000 --> 01:47:50.000]  I know what you're saying, but by that time, you know, I tried talking to them already.
[01:47:50.000 --> 01:47:58.000]  Yeah, talking to them, talk does no good. You know, they do the same thing all day, every day.
[01:47:58.000 --> 01:47:59.000]  I know.
[01:47:59.000 --> 01:48:06.000]  So nothing you say makes any difference to them. Unless you call 911, that makes a difference to them.
[01:48:06.000 --> 01:48:11.000]  And I do that on a regular basis, but you got to set them up for it.
[01:48:11.000 --> 01:48:17.000]  Here's one thing. You came, you were ordered to come to court. You came to court.
[01:48:17.000 --> 01:48:23.000]  They didn't have the court. They didn't give you notice they weren't going to have the court.
[01:48:23.000 --> 01:48:27.000]  No, they did give me notice prior. That's why I brought in the paperwork I had.
[01:48:27.000 --> 01:48:34.000]  And then I was asking them questions about it, like who did the set off, why, you know.
[01:48:34.000 --> 01:48:41.000]  Wait a minute. They gave you notice on the 1st that there wasn't going to be a hearing on the 1st?
[01:48:41.000 --> 01:48:48.000]  No, no, no. They gave me notice like the 24th that there would not be court on the 1st.
[01:48:48.000 --> 01:48:51.000]  So I was trying to, you know.
[01:48:51.000 --> 01:48:55.000]  Oh, okay. So you didn't come to court and them not have court.
[01:48:55.000 --> 01:49:03.000]  Yeah. No, I went in prior and gave them the paperwork I had that I had already submitted email to the sheriff's office.
[01:49:03.000 --> 01:49:13.000]  Okay. Okay. This is, this takes some training. We start out is we never talk to them.
[01:49:13.000 --> 01:49:16.000]  I don't have conversations with those folks.
[01:49:16.000 --> 01:49:24.000]  I mean, if I have a conversation, it's just something having nothing to do with law or with business.
[01:49:24.000 --> 01:49:29.000]  Nice weather today. How are your grandkids? Blah, blah, blah.
[01:49:29.000 --> 01:49:39.000]  But when it goes to business, I ask them to do something that I really don't want them to do.
[01:49:39.000 --> 01:49:49.000]  Because when they don't do it, then I can call 911 and ask the police to come out and arrest them.
[01:49:49.000 --> 01:49:54.000]  It's great fun and it really gets their attention.
[01:49:54.000 --> 01:50:00.000]  You cannot reason with these folks. You can't negotiate with them.
[01:50:00.000 --> 01:50:05.000]  But you can use the same tools they're using against them.
[01:50:05.000 --> 01:50:15.000]  The caller before you said that he went into court, tried to file some motions with the court and they wouldn't accept the filings.
[01:50:15.000 --> 01:50:24.000]  Once you kind of get this part sorted out and it becomes all business, I never get upset with them.
[01:50:24.000 --> 01:50:29.000]  I go in and ask them to do something and they refuse to do what I ask them to do.
[01:50:29.000 --> 01:50:37.000]  I'm thinking goody, goody, goody. You're not going to believe what I'm about to do to you.
[01:50:37.000 --> 01:50:42.000]  Like the JP I mentioned earlier, I asked to see some records.
[01:50:42.000 --> 01:50:46.000]  The clerks gave me a hard time and I just dismissed them.
[01:50:46.000 --> 01:50:51.000]  Get my records. If you have some kind of argument, send it to me in writing.
[01:50:51.000 --> 01:50:59.000]  They brought me some records and then the JP came out and said you can't look at those. You're a security risk.
[01:50:59.000 --> 01:51:04.000]  And Bailiff had come over because I give the clerks a hard time.
[01:51:04.000 --> 01:51:10.000]  And I asked Bailiff if he heard that. He said yes, he did. He said arrest that woman.
[01:51:10.000 --> 01:51:17.000]  He said he would arrest me if I created a disturbance. I accused him of threatening me.
[01:51:17.000 --> 01:51:26.000]  And when he refused to arrest the magistrate, then I went down to the constable and asked the constable to arrest him.
[01:51:26.000 --> 01:51:35.000]  And then the constable refused to arrest him, so I went across the street to the sheriff's department and asked him to arrest the constable.
[01:51:35.000 --> 01:51:43.000]  They can actually get you for harassment though.
[01:51:43.000 --> 01:51:47.000]  They can do all these things. You don't know what you're doing.
[01:51:47.000 --> 01:51:56.000]  No, no, no. Listen, listen. They only harass people that allows themselves to be harassed.
[01:51:56.000 --> 01:52:03.000]  We will show you a procedure of how to deal with them. You need to look at the law concerning what they're doing.
[01:52:03.000 --> 01:52:09.000]  You do not care what they say. You especially don't care what the judge says or does.
[01:52:09.000 --> 01:52:16.000]  The judge is just there to collect money. He could care less what the law is.
[01:52:16.000 --> 01:52:23.000]  The police could care less what the law is. Nobody in that court cares what the law is.
[01:52:23.000 --> 01:52:31.000]  What they care about is the politics. And we'll show you how to generate some politics.
[01:52:31.000 --> 01:52:38.000]  I'm so scared I don't even know what to do. You're telling me to do this stuff.
[01:52:38.000 --> 01:52:44.000]  Nobody here in the state of Oregon is going to do something like that. They just eat me alive.
[01:52:44.000 --> 01:52:46.000]  You don't understand.
[01:52:46.000 --> 01:52:56.000]  No, they won't. You are the baddest motor scooter to walk in the door of the building. They just don't know it yet.
[01:52:56.000 --> 01:52:59.000]  This is what we'll show you how to be.
[01:52:59.000 --> 01:53:04.000]  The first thing you have to do is forget about reasoning with these folks.
[01:53:04.000 --> 01:53:08.000]  Forget about trying to get them to do the right thing.
[01:53:08.000 --> 01:53:18.000]  Forget the notion that you will win your case simply because you have the law and the facts on your side.
[01:53:18.000 --> 01:53:19.000]  I do have the law.
[01:53:19.000 --> 01:53:22.000]  That's not going to happen. Go ahead.
[01:53:22.000 --> 01:53:30.000]  I have proof of it. I've shown them. And they're mad at me because they know what the law is.
[01:53:30.000 --> 01:53:40.000]  Okay. We don't care if they get mad. We don't care if we hurt their feelings. That's not important.
[01:53:40.000 --> 01:53:44.000]  What you want is them afraid of you.
[01:53:44.000 --> 01:53:49.000]  I live in a small county north of Fort Worth and they won't write me a ticket in this county.
[01:53:49.000 --> 01:53:53.000]  I got a ticket in the next county.
[01:53:53.000 --> 01:54:00.000]  And I won't get another ticket in ASEL after I jerked them around there.
[01:54:00.000 --> 01:54:01.000]  Okay.
[01:54:01.000 --> 01:54:04.000]  First, read the law.
[01:54:04.000 --> 01:54:05.000]  Listen to the show.
[01:54:05.000 --> 01:54:12.000]  We're getting too close to the end for me to explain tonight, but call in next Thursday or just listen in.
[01:54:12.000 --> 01:54:19.000]  I'll do a presentation on due process next Thursday on how to run the routine on them.
[01:54:19.000 --> 01:54:24.000]  You'll only win your case if you can get the politics on your side.
[01:54:24.000 --> 01:54:31.000]  You won't win it because you have the law and the facts on your side because nobody cares about the law and the facts.
[01:54:31.000 --> 01:54:37.000]  They just care about the politics. They care about generating income. They care about clearing their docket.
[01:54:37.000 --> 01:54:42.000]  They don't care about you or your rights or any of that kind of stuff.
[01:54:42.000 --> 01:54:45.000]  So we need to get their attention.
[01:54:45.000 --> 01:54:53.000]  We go in and ask the judge to do his job and when he refuses to do his job, we file judicial conduct complaints against him.
[01:54:53.000 --> 01:54:57.000]  We file criminal complaints against him with the district attorney.
[01:54:57.000 --> 01:55:02.000]  When you file a criminal complaint with the district attorney, district attorney is going to refuse to take it.
[01:55:02.000 --> 01:55:04.000]  At least we hope he does.
[01:55:04.000 --> 01:55:11.000]  Because now we get to file a criminal complaint against the district attorney with the highest level judge we can find.
[01:55:11.000 --> 01:55:14.000]  Then he's going to refuse to take it.
[01:55:14.000 --> 01:55:24.000]  At least we hope he does because now we get to file criminal charges against the highest level judge we can find with the attorney general.
[01:55:24.000 --> 01:55:31.000]  Then he'd come back with all of them to the grand jury and just make them all crazy.
[01:55:31.000 --> 01:55:34.000]  And one word, just one word.
[01:55:34.000 --> 01:55:36.000]  You want to get to this high level judge.
[01:55:36.000 --> 01:55:52.000]  Once you got to the high level judge and you charge him, if anybody says one word to you that you can construe as a threat or a warning,
[01:55:52.000 --> 01:55:56.000]  you know you really have to be careful filing these kind of complaints.
[01:55:56.000 --> 01:55:59.000]  You can really get in trouble.
[01:55:59.000 --> 01:56:03.000]  That always gets a 9-1-1 call.
[01:56:03.000 --> 01:56:04.000]  That's what you mean?
[01:56:04.000 --> 01:56:06.000]  I had it.
[01:56:06.000 --> 01:56:10.000]  That's, that's, that's, go ahead.
[01:56:10.000 --> 01:56:12.000]  What?
[01:56:12.000 --> 01:56:13.000]  Go ahead.
[01:56:13.000 --> 01:56:15.000]  You were about to talk.
[01:56:15.000 --> 01:56:20.000]  No, no, you said that they tell you that and then you call 9-1-1?
[01:56:20.000 --> 01:56:23.000]  You bet.
[01:56:23.000 --> 01:56:24.000]  Okay.
[01:56:24.000 --> 01:56:27.000]  I'm in my yard next to my house.
[01:56:27.000 --> 01:56:32.000]  I'm working on a plastic tent doing some welding with a little torch and we have a firebat on.
[01:56:32.000 --> 01:56:35.000]  So this new cop in town comes up.
[01:56:35.000 --> 01:56:40.000]  Sir, sir, and I turn around and said, yes, you can have that open flame.
[01:56:40.000 --> 01:56:41.000]  I held up the torch.
[01:56:41.000 --> 01:56:42.000]  Sure can.
[01:56:42.000 --> 01:56:43.000]  Look, nothing to it.
[01:56:43.000 --> 01:56:44.000]  Oh, no, no, you don't understand.
[01:56:44.000 --> 01:56:45.000]  We have a firebat on.
[01:56:45.000 --> 01:56:47.000]  I said, you see all this equipment here?
[01:56:47.000 --> 01:56:50.000]  I cannot run the fire department, so we're okay.
[01:56:50.000 --> 01:56:52.000]  Oh, no, sir, you can't have that open flame.
[01:56:52.000 --> 01:56:54.000]  I said, wait a minute.
[01:56:54.000 --> 01:56:55.000]  This is a joke, right?
[01:56:55.000 --> 01:56:57.000]  You're just joshing me, right?
[01:56:57.000 --> 01:56:59.000]  Oh, no, sir, I'm not joking.
[01:56:59.000 --> 01:57:01.000]  You can't have that open flame.
[01:57:01.000 --> 01:57:03.000]  Wait a minute.
[01:57:03.000 --> 01:57:09.000]  That damn district judge, John Faustel, he sent you down here, didn't he?
[01:57:09.000 --> 01:57:18.000]  He sent you down here to harass me just because I filed one crummy little making a terroristic threat complaint against him with the attorney general.
[01:57:18.000 --> 01:57:21.000]  He sent you down here to harass me, didn't he?
[01:57:21.000 --> 01:57:31.000]  And this officer takes a step back, holds up both hands with his palms out, just one moment, sir, takes out his cell phone, makes a call.
[01:57:31.000 --> 01:57:34.000]  I live right next to City Hall.
[01:57:34.000 --> 01:57:37.000]  It's a little town, small building.
[01:57:37.000 --> 01:57:41.000]  About 30 seconds later, the chief of police steps out of the building.
[01:57:41.000 --> 01:57:45.000]  Randy, what are you doing to my new officer?
[01:57:45.000 --> 01:57:50.000]  Oh, Tom, heck, I was just jerking his chain.
[01:57:50.000 --> 01:57:59.000]  And the policeman said, Oh, God, I saw my whole career flash before my eyes.
[01:57:59.000 --> 01:58:02.000]  They are terrified of these judges.
[01:58:02.000 --> 01:58:04.000]  OK, we're out of time.
[01:58:04.000 --> 01:58:06.000]  I'll show you how to do that.
[01:58:06.000 --> 01:58:09.000]  We will show you how to take care of these guys.
[01:58:09.000 --> 01:58:12.000]  Listen in Monday night, eight o'clock.
[01:58:12.000 --> 01:58:15.000]  Eddie Craig does the traffic show.
[01:58:15.000 --> 01:58:17.000]  He's our traffic guru.
[01:58:17.000 --> 01:58:20.000]  Listen in to him and then listen back Thursday.
[01:58:20.000 --> 01:58:24.000]  We will talk about how to take these guys on.
[01:58:24.000 --> 01:58:27.000]  We will make you the baddest motor scooter in the building.
[01:58:27.000 --> 01:58:31.000]  This is Randy Kelton, Deborah Stevens, Wheel of Law Radio.
[01:58:31.000 --> 01:58:35.000]  We will be back Monday night with Eddie Craig on the traffic show.
[01:58:35.000 --> 01:58:39.000]  Deborah and I will be back Thursday for our two hour Thursday show.
[01:58:39.000 --> 01:58:44.000]  And then I'll be back next Friday for the next four hour info marathon.
[01:58:44.000 --> 01:58:50.000]  Thank you all for listening and good night.
[01:59:14.000 --> 01:59:16.000]  We'll see you next time.
[01:59:44.000 --> 01:59:49.000]  or visit us online at BFA.org.