ROL_2013-09-06_16k_Hr1-2.timecode

[00:00:00.000 --> 00:00:20.240]   John Bush here with your Liberty Beat for Thursday, August 29, 2013.
[00:00:20.240 --> 00:00:29.720]   Gold opened today at $1,409, silver at $24.20, and bitcoin is trading at $118.73.
[00:00:29.720 --> 00:00:33.080]   The book for the Liberty Beat comes from Brave New Books, often the only brick and mortar
[00:00:33.080 --> 00:00:39.080]   store carrying a tiny tangerine 2.0, online at bravenewbookstore.com, and from the first
[00:00:39.080 --> 00:00:44.680]   annual Parents for Liberty alternative education conference, October 12, on UT campus.
[00:00:44.680 --> 00:00:49.720]   Speakers include Dr. Lawrence Reed, Michael Strong, Dr. Mary Ruart, and John Bush.
[00:00:49.720 --> 00:00:52.960]   Information at parentsforliberty.org.
[00:00:52.960 --> 00:00:54.520]   And now the news.
[00:00:54.520 --> 00:00:58.800]   Despite President Obama's declaration on Wednesday that he was certain the Syrian government
[00:00:58.800 --> 00:01:03.600]   was responsible for the August 21 chemical attacks in Syria, intelligence officials are
[00:01:03.600 --> 00:01:04.720]   not as confident.
[00:01:04.720 --> 00:01:09.880]   The Office of the Director for National Intelligence released a report detailing gaps in the U.S.
[00:01:09.880 --> 00:01:10.880]   intelligence.
[00:01:10.880 --> 00:01:14.160]   Congressional committees are expected to be briefed on evidence by conference call on
[00:01:14.160 --> 00:01:15.160]   Thursday.
[00:01:15.160 --> 00:01:19.400]   So far, intelligence officials have not been able to locate the exact location of Assad's
[00:01:19.400 --> 00:01:21.040]   supposed chemical weapons supply.
[00:01:21.040 --> 00:01:24.960]   The United States is not the only official body having trouble finding hard evidence
[00:01:24.960 --> 00:01:27.720]   linking the Syrian government to the use of chemical weapons.
[00:01:27.720 --> 00:01:32.520]   Bashar Jafari, Syria's ambassador to the United Nations, stated that the rebels used weapons
[00:01:32.520 --> 00:01:35.520]   that they were able to produce with the help of outside powers.
[00:01:35.520 --> 00:01:39.720]   The British parliament will hold a vote Thursday on a motion that would eliminate the possibility
[00:01:39.720 --> 00:01:44.000]   of launching an attack until the U.N. weapons inspectors publish their findings to the U.N.
[00:01:44.000 --> 00:01:49.000]   Security Council.
[00:01:49.000 --> 00:01:53.920]   Liberty activist John Bush was found not guilty yesterday in his trial stemming from a 2010
[00:01:53.920 --> 00:01:58.200]   arrest on UT campus after he refused to go to the free speech zone while President Barack
[00:01:58.200 --> 00:02:00.080]   Obama was in town.
[00:02:00.080 --> 00:02:05.040]   Trial lasted from 9 a.m. to 4.30 p.m. and ended when Judge Herb Evans directed the jury
[00:02:05.040 --> 00:02:09.580]   to deliver a not guilty verdict after it became clear that the prosecution did not have any
[00:02:09.580 --> 00:02:13.280]   evidence showing that an order was actually given by UT police.
[00:02:13.280 --> 00:02:17.520]   The state of Texas made a fatal mistake when last year they reduced the charges from Class
[00:02:17.520 --> 00:02:22.260]   B misdemeanor criminal trespass to Class C misdemeanor willful failure to obey the lawful
[00:02:22.260 --> 00:02:23.720]   order of an officer.
[00:02:23.720 --> 00:02:28.200]   John refused three years worth of plea deals which led the state to reduce their charges.
[00:02:28.200 --> 00:02:31.920]   John believes he has been vindicated and is encouraging others, especially when there
[00:02:31.920 --> 00:02:37.480]   is minimal risk to one's freedom, to refuse to take the plea deal and stand on their convictions.
[00:02:37.480 --> 00:02:45.020]   Video of the trial will soon be available at TheLibertyBeat.com.
[00:02:45.020 --> 00:02:50.280]   On Wednesday a military jury sentenced a U.S. Army psychiatrist to death for the 2009 shootings
[00:02:50.280 --> 00:02:54.040]   at Fort Hood, Texas that killed 13 people and wounded 31 others.
[00:02:54.040 --> 00:02:58.440]   Major Nidal Hassan has stated that he committed the crimes in retaliation for the United States
[00:02:58.440 --> 00:02:59.840]   wars in the Muslim world.
[00:02:59.840 --> 00:03:00.840]   [Music]
[00:03:00.840 --> 00:03:01.840]   Bad boys, whatcha gonna do?
[00:03:01.840 --> 00:03:02.840]   Whatcha gonna do?
[00:03:02.840 --> 00:03:03.840]   When shall the sun come for you?
[00:03:03.840 --> 00:03:04.840]   Tell me, whatcha gonna do?
[00:03:04.840 --> 00:03:05.840]   Whatcha gonna do?
[00:03:05.840 --> 00:03:06.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:06.840 --> 00:03:07.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:07.840 --> 00:03:08.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:08.840 --> 00:03:09.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:09.840 --> 00:03:10.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:10.840 --> 00:03:11.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:11.840 --> 00:03:12.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:12.840 --> 00:03:13.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:13.840 --> 00:03:14.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:14.840 --> 00:03:15.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:15.840 --> 00:03:16.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:16.840 --> 00:03:17.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:17.840 --> 00:03:18.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:18.840 --> 00:03:31.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:31.840 --> 00:03:36.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:36.840 --> 00:03:37.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:37.840 --> 00:03:38.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:38.840 --> 00:03:39.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:39.840 --> 00:03:40.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:40.840 --> 00:03:41.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:41.840 --> 00:03:42.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:42.840 --> 00:03:43.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:43.840 --> 00:03:44.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:44.840 --> 00:03:45.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:45.840 --> 00:03:46.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:46.840 --> 00:03:47.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:47.840 --> 00:03:48.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:48.840 --> 00:03:49.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:49.840 --> 00:03:50.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:50.840 --> 00:03:51.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:51.840 --> 00:03:52.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:52.840 --> 00:03:53.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:53.840 --> 00:03:54.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:54.840 --> 00:03:55.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:55.840 --> 00:03:56.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:56.840 --> 00:03:57.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:57.840 --> 00:03:58.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:58.840 --> 00:03:59.840]   Bad boys, bad boys, whatcha gonna do?
[00:03:59.840 --> 00:04:00.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:00.840 --> 00:04:01.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:01.840 --> 00:04:02.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:02.840 --> 00:04:03.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:03.840 --> 00:04:20.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:20.840 --> 00:04:27.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:27.840 --> 00:04:28.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:28.840 --> 00:04:29.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:29.840 --> 00:04:30.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:30.840 --> 00:04:31.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:31.840 --> 00:04:32.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:32.840 --> 00:04:33.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:33.840 --> 00:04:34.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:34.840 --> 00:04:35.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:35.840 --> 00:04:36.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:36.840 --> 00:04:37.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:37.840 --> 00:04:38.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:38.840 --> 00:04:39.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:39.840 --> 00:04:40.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:40.840 --> 00:04:41.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:41.840 --> 00:04:42.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:42.840 --> 00:04:43.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:43.840 --> 00:04:44.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:44.840 --> 00:04:45.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:45.840 --> 00:04:46.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:46.840 --> 00:04:47.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:47.840 --> 00:04:48.840]   Bad boys, bad boys, whatcha gonna do?
[00:04:48.840 --> 00:05:03.000]   And we expected some guests, we have one on, we expected another who should show up shortly.
[00:05:03.000 --> 00:05:10.720]   We had Inamensio on last night, he is from Austin, and he observed a commotion in an
[00:05:10.720 --> 00:05:14.520]   apartment complex where he resided.
[00:05:14.520 --> 00:05:22.280]   The police were arresting a woman next door who had called 911 because of a domestic disturbance.
[00:05:22.280 --> 00:05:28.720]   And the police, when they got there, found that she had an outstanding warrant and did
[00:05:28.720 --> 00:05:37.980]   not investigate the domestic disturbance at all, but instead arrested her.
[00:05:37.980 --> 00:05:43.540]   It turned out that the warrant that they arrested her on was bogus.
[00:05:43.540 --> 00:05:47.480]   She spent a week in jail and they finally released her.
[00:05:47.480 --> 00:05:51.200]   But the real story is Inamensio.
[00:05:51.200 --> 00:05:57.080]   Inamensio was observing what was going on and one of the officers ordered him back in
[00:05:57.080 --> 00:05:59.500]   his house.
[00:05:59.500 --> 00:06:02.600]   So he went back in his house.
[00:06:02.600 --> 00:06:11.760]   And then some other officers arrived and one officer observed Inamensio watching them through
[00:06:11.760 --> 00:06:17.500]   the screen door and ordered him to open the door.
[00:06:17.500 --> 00:06:19.860]   And he refused.
[00:06:19.860 --> 00:06:22.360]   And this was one of their better policemen.
[00:06:22.360 --> 00:06:29.080]   This guy was, he wasn't a rocket scientist, but he was close.
[00:06:29.080 --> 00:06:32.940]   He kicked in the screen door.
[00:06:32.940 --> 00:06:36.660]   The problem with that is the screen door wasn't locked.
[00:06:36.660 --> 00:06:41.320]   It would have been a whole lot easier just to turn the knob and open the screen door.
[00:06:41.320 --> 00:06:43.120]   But he kicked it in instead.
[00:06:43.120 --> 00:06:49.840]   And while he was kicking the screen door, Inamensio was concerned with the agitated
[00:06:49.840 --> 00:06:52.520]   behavior of the officer.
[00:06:52.520 --> 00:06:57.040]   So he closed his front door and the officer, instead of turning the knob and open the front
[00:06:57.040 --> 00:07:01.480]   door, tried to kick the front door down.
[00:07:01.480 --> 00:07:05.400]   Well apparently he was unable to kick the front door down.
[00:07:05.400 --> 00:07:14.840]   So Inamensio finally opened it and the officer immediately tased him in his house.
[00:07:14.840 --> 00:07:21.000]   Then came in his house, arrested him, and then they proceeded to search the house.
[00:07:21.000 --> 00:07:24.860]   And long complicated story.
[00:07:24.860 --> 00:07:29.500]   But you kind of get the idea here.
[00:07:29.500 --> 00:07:34.400]   And if you get the idea something is terribly, terribly wrong, you were right.
[00:07:34.400 --> 00:07:38.200]   Something is terribly, terribly wrong here.
[00:07:38.200 --> 00:07:42.040]   And I hope to have Mike Handel call in.
[00:07:42.040 --> 00:07:45.920]   I asked him to call in about 830.
[00:07:45.920 --> 00:07:52.160]   He is someone who had an issue with the city of Austin that the federal court just threw
[00:07:52.160 --> 00:07:53.880]   his issue out.
[00:07:53.880 --> 00:08:02.400]   He sued the city of Austin and they acted absolutely horribly.
[00:08:02.400 --> 00:08:10.560]   They did everything wrong and Judge Sparks threw Mike Handel's case out.
[00:08:10.560 --> 00:08:14.420]   And after listening to Mike, I think that was a good thing.
[00:08:14.420 --> 00:08:18.080]   I'll explain why when Mike gets on.
[00:08:18.080 --> 00:08:22.480]   And this officer kicking down his screen door is a good thing.
[00:08:22.480 --> 00:08:31.960]   It is my rule never to interfere with somebody when they're screwing up really bad.
[00:08:31.960 --> 00:08:37.520]   And anytime I deal with public officials, I'm always thinking what will play well before
[00:08:37.520 --> 00:08:41.080]   a grand jury.
[00:08:41.080 --> 00:08:52.360]   So it starts out with an officer who is obviously agitated and out of control.
[00:08:52.360 --> 00:09:00.800]   Because the officer broke a door to enter a private home.
[00:09:00.800 --> 00:09:08.680]   Now in some countries, police may be able to do that with relative impunity.
[00:09:08.680 --> 00:09:11.400]   Not in this one.
[00:09:11.400 --> 00:09:16.800]   And it may not be presumed that the officer didn't know that.
[00:09:16.800 --> 00:09:25.520]   It is clear that the officer was way out of control.
[00:09:25.520 --> 00:09:31.200]   And this is becoming more and more of a problem as the police departments are becoming more
[00:09:31.200 --> 00:09:34.200]   militarized.
[00:09:34.200 --> 00:09:40.040]   The problem with militarizing police departments is you don't have the inherent discipline
[00:09:40.040 --> 00:09:43.360]   that you do in a military organization.
[00:09:43.360 --> 00:09:50.920]   You have people that are absolutely wacko, out of control with no discipline whatsoever,
[00:09:50.920 --> 00:09:53.800]   no controls over them.
[00:09:53.800 --> 00:10:04.320]   And this kind of a situation draws the very people who are emotionally unstable to the
[00:10:04.320 --> 00:10:10.800]   point that in a normal circumstance, they would never be hired for a position like this.
[00:10:10.800 --> 00:10:17.360]   And the Invenencio has an opportunity to demonstrate to the city of Austin why they should never
[00:10:17.360 --> 00:10:20.880]   hire someone like this.
[00:10:20.880 --> 00:10:30.320]   Because everyone involved in the arrest is now subject to potentially to criminal prosecution
[00:10:30.320 --> 00:10:35.600]   for first degree felony aggravated assault.
[00:10:35.600 --> 00:10:38.160]   And we will explain how we get there.
[00:10:38.160 --> 00:10:47.040]   I have for a long time been working on a way to fix these problems.
[00:10:47.040 --> 00:10:50.000]   I am basically an engineer.
[00:10:50.000 --> 00:10:53.320]   An engineer just connects the dots.
[00:10:53.320 --> 00:11:01.600]   Someone comes to an engineer with a need and the engineer crafts a solution from whatever
[00:11:01.600 --> 00:11:03.080]   is around us.
[00:11:03.080 --> 00:11:06.840]   We take what we got and we find a solution.
[00:11:06.840 --> 00:11:13.160]   Well here we have the Corpus Juris, the body of law in Texas, which turns out to be after
[00:11:13.160 --> 00:11:21.120]   30 some odd years of research and doing seminars all over the country and looking at other
[00:11:21.120 --> 00:11:33.400]   states' laws, Texas Corpus Juris is by far the best body of law I have ever come across.
[00:11:33.400 --> 00:11:35.440]   Texas has great law.
[00:11:35.440 --> 00:11:39.200]   All of the remedies you need are written into the law.
[00:11:39.200 --> 00:11:45.960]   The problem we have is the citizens don't use the remedies that we have and they're
[00:11:45.960 --> 00:11:51.200]   certainly not taught in school how to think about these things and how to be a sovereign
[00:11:51.200 --> 00:11:56.520]   and act like a sovereign and use the tools a sovereign has available to them.
[00:11:56.520 --> 00:12:01.320]   That's primarily what this show is about.
[00:12:01.320 --> 00:12:09.520]   We're not the sovereigns in the terms that's used by the Southern Poverty Law Center when
[00:12:09.520 --> 00:12:13.200]   they called me a sovereign.
[00:12:13.200 --> 00:12:19.120]   They hurt my feelings when they listed me as an enemy of the state because I have the
[00:12:19.120 --> 00:12:27.220]   audacity to ask that public officials follow the law that we laid down for them and have
[00:12:27.220 --> 00:12:34.120]   worked out a method to take them to task when they don't.
[00:12:34.120 --> 00:12:44.240]   Now when Eminencio told his story, I heard in his voice this feeling of betrayal.
[00:12:44.240 --> 00:12:50.720]   It is the betrayal that you feel when you find out that all this crap you learned in
[00:12:50.720 --> 00:12:56.160]   high school was just exactly that, a bunch of crap.
[00:12:56.160 --> 00:13:02.700]   All the stuff they told you about living in a land of law, in a land of people with moral
[00:13:02.700 --> 00:13:09.940]   center who do the right things, where the police are the good guys, it was all a bunch
[00:13:09.940 --> 00:13:10.940]   of nonsense.
[00:13:10.940 --> 00:13:15.500]   And it's not as if something has changed in the last few weeks or months or decades or
[00:13:15.500 --> 00:13:16.500]   centuries.
[00:13:16.500 --> 00:13:20.980]   It's always been the same.
[00:13:20.980 --> 00:13:26.640]   You have all these rights here in Texas, but the Supreme Court was right when they said
[00:13:26.640 --> 00:13:32.180]   that rights only belong to the belligerent litigant.
[00:13:32.180 --> 00:13:36.260]   When Benjamin Franklin came out of the Congregational Congress, a woman asked him, "Mr. Franklin,
[00:13:36.260 --> 00:13:37.940]   what have you given us?"
[00:13:37.940 --> 00:13:45.940]   He did not say, "I have given you an imperialistic government with the king and dukes and royalty.
[00:13:45.940 --> 00:13:55.140]   I have not given you a oligarchy, a fascist oligarchy."
[00:13:55.140 --> 00:13:59.660]   He did not say, "I have given you a democracy."
[00:13:59.660 --> 00:14:06.900]   He said, "I have given you a republic if you can keep it."
[00:14:06.900 --> 00:14:15.520]   And that pointed to you and me as the sovereign, as the CEO of this corporation.
[00:14:15.520 --> 00:14:25.180]   And it pointed directly to us with the responsibility of ensuring that all of our employees, those
[00:14:25.180 --> 00:14:36.540]   in whom we entrust authority, exercise that authority in a manner in which we granted
[00:14:36.540 --> 00:14:39.060]   it to them.
[00:14:39.060 --> 00:14:46.220]   If they don't, we do not get to say, "Well, somebody ought to do something about it."
[00:14:46.220 --> 00:14:55.440]   If you are a Christian, when you read the Bible, where it says, "Render unto Caesar,"
[00:14:55.440 --> 00:15:02.500]   if you live in Texas or you live in the United States, you live in a republic.
[00:15:02.500 --> 00:15:08.660]   And in a republic, you are Caesar.
[00:15:08.660 --> 00:15:12.940]   The law is yours to preserve, the law is yours to trash.
[00:15:12.940 --> 00:15:16.500]   And we're going to talk about how to preserve it.
[00:15:16.500 --> 00:15:19.500]   We have some tools.
[00:15:19.500 --> 00:15:23.180]   And we have Mark from Wisconsin on the call line.
[00:15:23.180 --> 00:15:30.260]   He's one of the ones that understands one of the biggest dangers of exercising these
[00:15:30.260 --> 00:15:32.460]   tools.
[00:15:32.460 --> 00:15:38.980]   And that danger is that you will begin to enjoy it too much.
[00:15:38.980 --> 00:15:41.980]   Folks we really can change things.
[00:15:41.980 --> 00:15:44.860]   This is not a pipe dream.
[00:15:44.860 --> 00:15:53.140]   You and I and each and all of us, we can become the biggest nightmare that these police officers
[00:15:53.140 --> 00:15:56.460]   have.
[00:15:56.460 --> 00:15:58.980]   And when we come back from break, we're about to go to break in a moment.
[00:15:58.980 --> 00:16:07.340]   When we come back from break, we will go to Immenentio first and talk about his situation.
[00:16:07.340 --> 00:16:14.940]   And then I will talk about all of the crimes these officials committed and how we can start
[00:16:14.940 --> 00:16:23.380]   taking what they're doing, taking the continuing crimes that they commit, because everybody
[00:16:23.380 --> 00:16:30.780]   is going, business is going to light up behind this thin blue line to protect their buddies
[00:16:30.780 --> 00:16:33.940]   from the enemy out here, which is us.
[00:16:33.940 --> 00:16:40.380]   And they will screw up horribly and we get to hammer them for everything they do.
[00:16:40.380 --> 00:16:44.580]   This is Randy Kelvin, Joe Esquivel, Rue La Radio.
[00:16:44.580 --> 00:16:48.860]   I call at number 512-646-1984.
[00:16:48.860 --> 00:16:51.900]   We will be taking calls all night tonight.
[00:16:51.900 --> 00:16:55.540]   So give us a call, get in line.
[00:16:55.540 --> 00:16:57.780]   We will try to get to everyone.
[00:16:57.780 --> 00:17:00.820]   We'll be right back.
[00:17:00.820 --> 00:17:05.420]   Through advances in technology, our lives have greatly improved, except in the area
[00:17:05.420 --> 00:17:06.820]   of nutrition.
[00:17:06.820 --> 00:17:08.980]   People feed their pets better than they feed themselves.
[00:17:08.980 --> 00:17:11.540]   And it's time we changed all that.
[00:17:11.540 --> 00:17:17.260]   Our primary defense against aging and disease in this toxic environment is good nutrition.
[00:17:17.260 --> 00:17:23.620]   In a world where natural foods have been irradiated, adulterated and mutilated, Young-Gevity can
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[00:18:49.180 --> 00:19:00.180]   That's ruleoflawradio.com or email [email protected] to learn how to stop debt collectors now.
[00:19:00.180 --> 00:19:08.300]   You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[00:19:09.940 --> 00:19:11.940]   [music]
[00:19:13.580 --> 00:19:15.580]   [music]
[00:19:17.220 --> 00:19:19.220]   [music]
[00:19:20.860 --> 00:19:22.860]   [music]
[00:19:24.500 --> 00:19:26.500]   [music]
[00:19:52.500 --> 00:19:54.500]   Okay, we are back.
[00:19:54.500 --> 00:19:58.500]   Randy Kelton from Debra Stevens, Joe Esquivel, Rule of Law Radio.
[00:19:58.500 --> 00:20:01.500]   Debra's not here, but she'll be here about 10.
[00:20:01.500 --> 00:20:10.500]   And right now we want to go to Imminentio from Austin.
[00:20:10.500 --> 00:20:16.500]   And we talked about all of this that happened to Imminentio yesterday.
[00:20:16.500 --> 00:20:25.500]   And what we didn't talk about in the first segment was that Imminentio went to the Austin Police Department
[00:20:25.500 --> 00:20:36.500]   to try to get a copy of the documentation that the police department used in order to process him through the jail.
[00:20:36.500 --> 00:20:38.500]   Imminentio, are you there?
[00:20:38.500 --> 00:20:40.500]   Yes, I'm here.
[00:20:40.500 --> 00:20:43.500]   Good. Okay.
[00:20:43.500 --> 00:20:48.500]   And this is kind of a point that I want to make.
[00:20:48.500 --> 00:20:51.500]   It's not intuitive.
[00:20:51.500 --> 00:21:00.500]   What's intuitive is that when you go to a public official whom you have been raised to trust
[00:21:00.500 --> 00:21:07.500]   and to have faith in that they're the good guys and they're your servants and they will follow law,
[00:21:07.500 --> 00:21:11.500]   and then you find out that it's all a bunch of horsemen who are.
[00:21:11.500 --> 00:21:17.500]   You feel betrayed, you feel angry, you feel frustrated.
[00:21:17.500 --> 00:21:25.500]   And I assure you, that is exactly how they prefer you to feel.
[00:21:25.500 --> 00:21:31.500]   Now, you may feel like you're reading them the right act.
[00:21:31.500 --> 00:21:33.500]   But that's naive.
[00:21:33.500 --> 00:21:35.500]   These guys are pros.
[00:21:35.500 --> 00:21:38.500]   They do this all day, every day.
[00:21:38.500 --> 00:21:45.500]   They are very accustomed to ordinary citizens coming down there.
[00:21:45.500 --> 00:21:53.500]   And when they find that their public officials have betrayed them horribly, they get angry,
[00:21:53.500 --> 00:22:00.500]   they get frustrated and they react and respond from that anger and that frustration.
[00:22:00.500 --> 00:22:07.500]   So if you think that these officials will be impressed by anger and frustration,
[00:22:07.500 --> 00:22:09.500]   you are naive.
[00:22:09.500 --> 00:22:14.500]   If you think they'll be impressed when you tell them you're going to sue them,
[00:22:14.500 --> 00:22:16.500]   they hear that every day.
[00:22:16.500 --> 00:22:19.500]   They are not impressed.
[00:22:19.500 --> 00:22:28.500]   I have been going after these guys for a long time and I've worked out a method.
[00:22:28.500 --> 00:22:33.500]   And mostly the method is a state of mind.
[00:22:33.500 --> 00:22:41.500]   I never go to a public official and ask him to do something I actually want him to do.
[00:22:41.500 --> 00:22:50.500]   Now, I know that doesn't sound intuitive, but the reason I do that is,
[00:22:50.500 --> 00:22:54.500]   in the one hand, I've got this request.
[00:22:54.500 --> 00:22:59.500]   And in the other hand, I've got this big legal hammer.
[00:22:59.500 --> 00:23:07.500]   And I'm wanting him to give me an opportunity to whack him with this big legal hammer that I'm holding.
[00:23:07.500 --> 00:23:10.500]   So I'll give you an example.
[00:23:10.500 --> 00:23:16.500]   I was in Lake Worth and I asked to see some records and the clerks gave me a bit of a hard time,
[00:23:16.500 --> 00:23:17.500]   but they finally brought them.
[00:23:17.500 --> 00:23:21.500]   And while I was looking at them, the Justice of the Peace order.
[00:23:21.500 --> 00:23:23.500]   And she said, "You can't see those."
[00:23:23.500 --> 00:23:25.500]   I said, "Sure, I can. They're right here in front of me."
[00:23:25.500 --> 00:23:29.500]   "No, no, you can't see those. You're a security risk."
[00:23:29.500 --> 00:23:32.500]   "Oh, I'm a security risk, am I?"
[00:23:32.500 --> 00:23:37.500]   And as this is going on, the bailiff kind of sidled up there.
[00:23:37.500 --> 00:23:42.500]   So normally, if you ask for records, "Did you have a right to see?"
[00:23:42.500 --> 00:23:47.500]   The bailiff comes out and the magistrate JP comes over and says, "You can't look at those."
[00:23:47.500 --> 00:23:53.500]   Normally, you'd get upset and angry and kind of read her the right act.
[00:23:53.500 --> 00:23:59.500]   Well, I'm trying to keep from chuckling because I'm thinking,
[00:23:59.500 --> 00:24:05.500]   "You are not going to believe what I'm fixing to do to you, Miss Smart Mouth JP."
[00:24:05.500 --> 00:24:09.500]   So I said, "You're talking about these records I got open here. You're saying I can't look at them?"
[00:24:09.500 --> 00:24:10.500]   She said, "No, you can't look at those."
[00:24:10.500 --> 00:24:11.500]   So I slammed them shut.
[00:24:11.500 --> 00:24:12.500]   "Oh, okay."
[00:24:12.500 --> 00:24:16.500]   And I slid them across the desk and by this time the bailiff is there.
[00:24:16.500 --> 00:24:19.500]   And I said, "Mr. Bailiff, did you hear that?"
[00:24:19.500 --> 00:24:20.500]   And he said, "Yes, Mr. Kelton, I did."
[00:24:20.500 --> 00:24:23.500]   "Arrest that woman!"
[00:24:23.500 --> 00:24:26.500]   "Well, Mr. Kelton, if you create a disturbance, I'll arrest you."
[00:24:26.500 --> 00:24:29.500]   And I said, "Are you threatening me?"
[00:24:29.500 --> 00:24:30.500]   "No, Mr. Kelton, I was just..."
[00:24:30.500 --> 00:24:34.500]   "Are you threatening me?"
[00:24:34.500 --> 00:24:37.500]   "Well, no, Mr. Kelton, no. What is it that you want?"
[00:24:37.500 --> 00:24:39.500]   "Arrest that woman!"
[00:24:39.500 --> 00:24:41.500]   He said, "Well, I can't arrest her. This is her court."
[00:24:41.500 --> 00:24:49.500]   "Oh, with all due respect, Mr. Bailiff, you are mistaken. This is my court.
[00:24:49.500 --> 00:24:52.500]   And I very generously allow her to administer it according to my rule.
[00:24:52.500 --> 00:24:56.500]   And she broke one, arrest her."
[00:24:56.500 --> 00:25:05.500]   I am having so much fun watching this bailiff do this little chicken dance.
[00:25:05.500 --> 00:25:08.500]   He knows I've got him.
[00:25:08.500 --> 00:25:16.500]   You see, it is the duty of the bailiff to keep peace in the courtroom, in the courthouse.
[00:25:16.500 --> 00:25:21.500]   And makes no difference who breaches it.
[00:25:21.500 --> 00:25:27.500]   So what I have just done is jerked him off his side of law and stuck him on the other.
[00:25:27.500 --> 00:25:33.500]   Now he's standing there doing this little chicken dance where he's shifting from one foot to the other,
[00:25:33.500 --> 00:25:37.500]   trying to figure out what in the heck is he going to do now.
[00:25:37.500 --> 00:25:44.500]   So when he refuses to arrest the JP, I forget about the JP.
[00:25:44.500 --> 00:25:49.500]   The JP denying me access to records, that's class A misdemeanor.
[00:25:49.500 --> 00:25:52.500]   Official oppression.
[00:25:52.500 --> 00:26:07.500]   But the bailiff refusing to arrest the JP for a criminal act committed in his sight and in his hearing?
[00:26:07.500 --> 00:26:14.500]   Well, that's shielding from prosecution violation of 3805 penal code, and that's a felony.
[00:26:14.500 --> 00:26:16.500]   Oh, good.
[00:26:16.500 --> 00:26:18.500]   This gets better.
[00:26:18.500 --> 00:26:22.500]   So the bailiff refuses to arrest the judge.
[00:26:22.500 --> 00:26:25.500]   So I said, "Well, where's the constable's office?"
[00:26:25.500 --> 00:26:28.500]   He said, "Well, Mr. Kelton, it's right downstairs.
[00:26:28.500 --> 00:26:29.500]   He gives me directions."
[00:26:29.500 --> 00:26:31.500]   "Oh, man, you're going to get me lost."
[00:26:31.500 --> 00:26:32.500]   "Well, I'll take you down there."
[00:26:32.500 --> 00:26:33.500]   "That'll work."
[00:26:33.500 --> 00:26:38.500]   So he takes me down to the constable's office and asks the constable to arrest the bailiff.
[00:26:38.500 --> 00:26:41.500]   The bailiff didn't see that coming.
[00:26:41.500 --> 00:26:47.500]   He thought I was going to ask the constable to arrest the JP.
[00:26:47.500 --> 00:26:51.500]   No, I forgot about the JP already.
[00:26:51.500 --> 00:26:57.500]   I want the constable to arrest the bailiff for not arresting the JP.
[00:26:57.500 --> 00:26:59.500]   And the constable refused.
[00:26:59.500 --> 00:27:02.500]   Oh, goody, goody.
[00:27:02.500 --> 00:27:03.500]   "Where's the sheriff's department?
[00:27:03.500 --> 00:27:05.500]   Don't they have an office around here somewhere?"
[00:27:05.500 --> 00:27:06.500]   "This is in Lake Worth, Texas."
[00:27:06.500 --> 00:27:08.500]   "Well, they got one right across the street."
[00:27:08.500 --> 00:27:09.500]   "Oh, thank you."
[00:27:09.500 --> 00:27:16.500]   I go across the street and ask for the sheriff's deputy to arrest the constable.
[00:27:16.500 --> 00:27:22.500]   And while the sheriff's deputy's there, the constable showed up before the deputy.
[00:27:22.500 --> 00:27:25.500]   Well, they actually got me a captain.
[00:27:25.500 --> 00:27:29.500]   And he said, "Mr. Constable said before the captain got there, he said,
[00:27:29.500 --> 00:27:35.500]   'Mr. Kelton, if you want me to, I will take your issue to the district attorney.'"
[00:27:35.500 --> 00:27:40.500]   "Oh, no, no, no, no, don't do that.
[00:27:40.500 --> 00:27:47.500]   I will take it to the district attorney, but I'm not ready yet."
[00:27:47.500 --> 00:27:50.500]   And he got a kind of confused look on his face and I said,
[00:27:50.500 --> 00:27:56.500]   "Well, I haven't got everybody to touch my tar baby yet."
[00:27:56.500 --> 00:28:02.500]   I said, "You see, you got this little tar baby and I'm trying to get everybody to touch it."
[00:28:02.500 --> 00:28:08.500]   The JP touched it and then the bailiff touched it and then you touched it.
[00:28:08.500 --> 00:28:11.500]   Now I want to get the sheriff's department to touch it.
[00:28:11.500 --> 00:28:17.500]   And then I'll take it to the district attorney and see if I can get him to touch it.
[00:28:17.500 --> 00:28:22.500]   Now he knows what I'm doing.
[00:28:22.500 --> 00:28:28.500]   Now he's thinking, "Holy crap, what have I gotten into?"
[00:28:28.500 --> 00:28:32.500]   And I'm laughing and joking with him the whole time.
[00:28:32.500 --> 00:28:41.500]   "Annuncio, do you understand where I'm going?"
[00:28:41.500 --> 00:28:47.500]   "Are you still there? Oh, somebody forgot to unmute you."
[00:28:47.500 --> 00:28:50.500]   "Hello, Annuncio. Okay, do you understand where I'm going here?"
[00:28:50.500 --> 00:28:53.500]   "Yes, sir."
[00:28:53.500 --> 00:28:58.500]   "You have an opportunity to have a lot of fun."
[00:28:58.500 --> 00:29:07.500]   "Never ask a public official to do something that they are not required to do by law.
[00:29:07.500 --> 00:29:17.500]   First rule. Second rule. Never give a public official legal advice."
[00:29:17.500 --> 00:29:22.500]   That's what they got prosecuting attorneys for.
[00:29:22.500 --> 00:29:26.500]   If he needs legal advice, he can go to the prosecuting attorney.
[00:29:26.500 --> 00:29:35.500]   I never tell a public official, "Well, the law says this and you're supposed to do this, blah, blah, blah."
[00:29:35.500 --> 00:29:39.500]   I don't do that.
[00:29:39.500 --> 00:29:42.500]   Okay, hang on. We will pick this up when we come back.
[00:29:42.500 --> 00:29:45.500]   This is Randy Kelton, David Stevens, Ruling Law Radio.
[00:29:45.500 --> 00:29:49.500]   Our call in number is 512-646-1984.
[00:29:49.500 --> 00:29:56.500]   I won't be on this all night, but I do need to address a way of thinking about these people.
[00:29:56.500 --> 00:29:59.500]   We'll get to the calls. We'll be right back.
[00:29:59.500 --> 00:30:05.500]   Has the U.S. government ever spied on you? What's the government up to anyway?
[00:30:05.500 --> 00:30:09.500]   You can find out the answers to these and other questions with the power of FOIA.
[00:30:09.500 --> 00:30:13.500]   I'm Dr. Catherine Albrecht, and I'll be back in a moment to tell you more.
[00:30:13.500 --> 00:30:18.500]   Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[00:30:18.500 --> 00:30:23.500]   And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[00:30:23.500 --> 00:30:28.500]   So protect your rights. Say no to surveillance and keep your information to yourself.
[00:30:28.500 --> 00:30:31.500]   Privacy, it's worth hanging on to.
[00:30:31.500 --> 00:30:34.500]   This public service announcement is brought to you by StartPage.com,
[00:30:34.500 --> 00:30:38.500]   the private search engine alternative to Google, Yahoo, and Bing.
[00:30:38.500 --> 00:30:41.500]   Start over with StartPage.
[00:30:42.500 --> 00:30:48.500]   The Freedom of Information Act, or FOIA, gives you the right to obtain records from federal agencies.
[00:30:48.500 --> 00:30:51.500]   Making a FOIA request is easy, and it's usually free.
[00:30:51.500 --> 00:30:55.500]   Just write the agency with details about the specific information you want.
[00:30:55.500 --> 00:30:59.500]   Most agencies even accept FOIA requests by email or fax.
[00:30:59.500 --> 00:31:02.500]   You can request information about a wide range of government activities,
[00:31:02.500 --> 00:31:07.500]   unless the information is protected by an exemption or involves classified documents.
[00:31:07.500 --> 00:31:11.500]   And while the government is supposed to respond to your request within 20 working days,
[00:31:11.500 --> 00:31:15.500]   don't count on it. In my experience, most items take much longer.
[00:31:15.500 --> 00:31:21.500]   For more information about the FOIA process, visit www.foia.gov.
[00:31:21.500 --> 00:31:26.500]   I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[00:31:26.500 --> 00:31:35.500]   This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[00:31:35.500 --> 00:31:37.500]   The government says that fire brought it down.
[00:31:37.500 --> 00:31:42.500]   However, 1,500 architects and engineers concluded it was a controlled demolition.
[00:31:42.500 --> 00:31:45.500]   Over 6,000 of my fellow service members have given their lives.
[00:31:45.500 --> 00:31:48.500]   Thousands of my fellow first responders are dying.
[00:31:48.500 --> 00:31:49.500]   I'm not a conspiracy theorist.
[00:31:49.500 --> 00:31:50.500]   I'm a structural engineer.
[00:31:50.500 --> 00:31:51.500]   I'm a New York City correction officer.
[00:31:51.500 --> 00:31:53.500]   I'm an Air Force pilot.
[00:31:53.500 --> 00:31:54.500]   I'm a father who lost his son.
[00:31:54.500 --> 00:31:57.500]   We're Americans, and we deserve the truth.
[00:31:57.500 --> 00:32:00.500]   Go to RememberBuilding7.org today.
[00:32:00.500 --> 00:32:04.500]   Do you feel tired when talking about important topics like money and politics?
[00:32:04.500 --> 00:32:07.500]   Are you confused by words like the Constitution or the Federal Reserve?
[00:32:07.500 --> 00:32:08.500]   What?
[00:32:08.500 --> 00:32:12.500]   If so, you may be diagnosed with the deadliest disease known today, stupidity.
[00:32:12.500 --> 00:32:19.500]   Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity at an early age.
[00:32:19.500 --> 00:32:25.500]   I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[00:32:25.500 --> 00:32:30.500]   Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[00:32:30.500 --> 00:32:36.500]   The staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombie-ism recover.
[00:32:36.500 --> 00:32:43.500]   And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested.
[00:32:43.500 --> 00:32:55.500]   So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them in 1904 Guadalupe or BraveNewBooksStore.com.
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[00:33:00.500 --> 00:33:10.500]   You're listening to the Logos Radio Network at logosradionetwork.com.
[00:33:10.500 --> 00:33:29.500]   [music]
[00:33:30.500 --> 00:33:53.500]   [music]
[00:33:53.500 --> 00:33:59.500]   Okay, we are back. Randy Kelton, Joe Esquivel, you're on the radio and you're on the break.
[00:33:59.500 --> 00:34:03.500]   [music]
[00:34:03.500 --> 00:34:11.500]   It was funny, and this is the thing I warned you about. This can really get to be too much fun.
[00:34:11.500 --> 00:34:20.500]   Because when you set up one of these officers and they have this expectation of what you're going to do,
[00:34:20.500 --> 00:34:27.500]   and then you do a change up and make their expectation come false.
[00:34:27.500 --> 00:34:31.500]   In psychology, that's called pattern interruption.
[00:34:31.500 --> 00:34:37.500]   I could pull a gun on the officer and he would know exactly what to do.
[00:34:37.500 --> 00:34:42.500]   I could shout and scream at the officer, he would know exactly what to do.
[00:34:42.500 --> 00:34:49.500]   It wouldn't really frighten him, he would just shift into his professional response set.
[00:34:49.500 --> 00:34:55.500]   But when I do a pattern interruption, he's just kind of stuck.
[00:34:55.500 --> 00:35:04.500]   And there's nothing more psychologically disruptive than to have someone do something,
[00:35:04.500 --> 00:35:08.500]   and you have no idea how to respond to it.
[00:35:08.500 --> 00:35:16.500]   So I'm jerking around this constable who's offering to go to the district attorney for me and I tell him,
[00:35:16.500 --> 00:35:24.500]   "Oh no, no, don't do that. I'll get to the district attorney, but I'm not ready for him yet.
[00:35:24.500 --> 00:35:28.500]   I haven't got everybody to touch my toy baby."
[00:35:28.500 --> 00:35:33.500]   And he's thinking, "Oh man, I've been set up."
[00:35:33.500 --> 00:35:41.500]   And then this sheriff, this captain on the sheriff's department comes in, he's in street clothes,
[00:35:41.500 --> 00:35:44.500]   he's off duty, he's going home.
[00:35:44.500 --> 00:35:49.500]   And he said so, and he said, "But they told me what this is about, so I thought I better handle it."
[00:35:49.500 --> 00:35:50.500]   I said, "Well, wonderful."
[00:35:50.500 --> 00:35:53.500]   He said, "Well, what can I do for you, Mr. Kelton?
[00:35:53.500 --> 00:35:58.500]   I want you to arrest this constable over here."
[00:35:58.500 --> 00:36:01.500]   "Well, why would I arrest the constable?"
[00:36:01.500 --> 00:36:06.500]   "Because he wouldn't arrest the bailiff in the court."
[00:36:06.500 --> 00:36:08.500]   "Why did you want to arrest the bailiff?"
[00:36:08.500 --> 00:36:11.500]   "Well, because he wouldn't arrest the judge.
[00:36:11.500 --> 00:36:14.500]   So I want you to arrest all of them."
[00:36:14.500 --> 00:36:17.500]   He said, "Man, I'm not going to arrest the judge."
[00:36:17.500 --> 00:36:25.500]   So I turned to the constable, I said, "Mr. Constable, will you ask that sheriff to take his chicken suit off?"
[00:36:25.500 --> 00:36:28.500]   And the sheriff said, "Man, I'm not going to take my chicken suit off.
[00:36:28.500 --> 00:36:30.500]   I'm not arresting the judge."
[00:36:30.500 --> 00:36:34.500]   I said, "Come on, man, you're a big time sheriff deputy.
[00:36:34.500 --> 00:36:36.500]   You got all this authority."
[00:36:36.500 --> 00:36:39.500]   He said, "Well, look, look, I'm off duty."
[00:36:39.500 --> 00:36:41.500]   "Now, wait a minute, wait a minute.
[00:36:41.500 --> 00:36:44.500]   You are a certified police officer in the state of Texas."
[00:36:44.500 --> 00:36:46.500]   "Yes, I am."
[00:36:46.500 --> 00:36:49.500]   "You know you're never off duty.
[00:36:49.500 --> 00:36:52.500]   Come on, come on, be a man.
[00:36:52.500 --> 00:36:55.500]   Go arrest that judge."
[00:36:55.500 --> 00:36:57.500]   So what are they going to do with me?
[00:36:57.500 --> 00:37:06.500]   Are they going to say Mr. Kelton was agitated?
[00:37:06.500 --> 00:37:10.500]   All of their expectations are coming false with me.
[00:37:10.500 --> 00:37:13.500]   They have no idea what to do with me.
[00:37:13.500 --> 00:37:21.500]   And the trick to get them to do that is never ask them to do something you actually want them to do.
[00:37:21.500 --> 00:37:32.500]   Now, Eminencio, you went to the Austin Police Department and asked for the police report.
[00:37:32.500 --> 00:37:35.500]   Is that right?
[00:37:35.500 --> 00:37:38.500]   Yes.
[00:37:38.500 --> 00:37:46.500]   Three of us had went down to the police department and tried to receive the police report, but it was restricted.
[00:37:46.500 --> 00:37:47.500]   Okay.
[00:37:47.500 --> 00:37:51.500]   Who did you ask for a police report?
[00:37:51.500 --> 00:37:54.500]   I believe it was the front lady at the front office.
[00:37:54.500 --> 00:37:55.500]   Oh, sorry about that.
[00:37:55.500 --> 00:37:59.500]   Did you get her name?
[00:37:59.500 --> 00:38:05.500]   Yes, it's on the paper, but Michael Cargill has that.
[00:38:05.500 --> 00:38:06.500]   Okay.
[00:38:06.500 --> 00:38:15.500]   Did you call 911 and ask for a police officer to be sent out to arrest this woman?
[00:38:15.500 --> 00:38:19.500]   No, sir, I didn't.
[00:38:19.500 --> 00:38:23.500]   That's what you do.
[00:38:23.500 --> 00:38:31.500]   You take out your phone, dial 911 and ask for a police officer to come out and arrest this woman for official misconduct.
[00:38:31.500 --> 00:38:33.500]   You'll swear out to complaint.
[00:38:33.500 --> 00:38:35.500]   You will wait.
[00:38:35.500 --> 00:38:39.500]   You will not believe the font of-
[00:38:39.500 --> 00:38:41.500]   Go ahead.
[00:38:41.500 --> 00:38:44.500]   If I knew at the time, I would have.
[00:38:44.500 --> 00:38:48.500]   Okay, this is- Yeah, I know that. I know that.
[00:38:48.500 --> 00:38:51.500]   This is how we handle this.
[00:38:51.500 --> 00:38:58.500]   Don't tell her, "Well, the law says you're supposed to do this and you're supposed to do that."
[00:38:58.500 --> 00:39:00.500]   Don't tell her that.
[00:39:00.500 --> 00:39:08.500]   Dial 911, ask them to send somebody out to take your criminal complaint.
[00:39:08.500 --> 00:39:11.500]   They're going to do a little song and dance.
[00:39:11.500 --> 00:39:19.500]   What I generally do is I tell them, "Look, I don't expect the officer to arrest this person."
[00:39:19.500 --> 00:39:37.500]   But I do need an officer to be dispatched to take my voluntary statement and talk to the other party and prepare a report to memorialize my allegation.
[00:39:37.500 --> 00:39:43.500]   So that when I get to court, I have these records to support that this actually occurred.
[00:39:43.500 --> 00:39:49.500]   And now they're thinking, "This guy's setting us up."
[00:39:49.500 --> 00:39:53.500]   But generally, the dispatcher will go ahead and dispatch.
[00:39:53.500 --> 00:39:57.500]   And when the policeman gets there, what's he going to do?
[00:39:57.500 --> 00:40:03.500]   The Randall County- I'm sorry, Randall County. Johnson County, Texas.
[00:40:03.500 --> 00:40:13.500]   The district clerk, I went in to file a writ of habeas corpus. The clerk said that'll be $241 filing fee.
[00:40:13.500 --> 00:40:14.500]   And I said, "Don't tell me that."
[00:40:14.500 --> 00:40:18.500]   She said, "Well, I have to tell you that. No, no, no. Don't tell me that.
[00:40:18.500 --> 00:40:25.500]   Go get Lloyd, the elected clerk, to tell me that because when he does, I'm going to call police and ask him to be arrested.
[00:40:25.500 --> 00:40:27.500]   And I don't want to do that to you."
[00:40:27.500 --> 00:40:31.500]   So she calls Lloyd out. He tells me that.
[00:40:31.500 --> 00:40:37.500]   I said, "Lloyd, don't go anywhere. Somebody's going to want to talk to you."
[00:40:37.500 --> 00:40:45.500]   And I took out my phone, dialed 911, asked for a police officer to be sent out to arrest the district clerk.
[00:40:45.500 --> 00:40:49.500]   And I had a little argument with dispatch. They finally sent someone.
[00:40:49.500 --> 00:40:53.500]   To Lloyd's credit, he didn't untrack a foot.
[00:40:53.500 --> 00:40:59.500]   And this big old fat cop come in the back and he said, "Just what seems to be the problem here?"
[00:40:59.500 --> 00:41:02.500]   And I said, "The problem is you don't have pencil and paper."
[00:41:02.500 --> 00:41:08.500]   "Well, why do I need pencil and paper to take my criminal complaint against this clerk?"
[00:41:08.500 --> 00:41:12.500]   "Well, why would I take a criminal complaint against the clerk?"
[00:41:12.500 --> 00:41:17.500]   "Because he's a criminal, that's why."
[00:41:17.500 --> 00:41:22.500]   And Lloyd is standing here watching this.
[00:41:22.500 --> 00:41:27.500]   And he don't say a word. He's smart enough to know better.
[00:41:27.500 --> 00:41:37.500]   And I kind of worked over the officer a little bit and showed him the code that said that a filing fee for a writ of habeas corpus is prohibited.
[00:41:37.500 --> 00:41:43.500]   So what part of that's hard to understand? That's a violation of 3903, penal code, arrest him.
[00:41:43.500 --> 00:41:47.500]   I better call my sergeant.
[00:41:47.500 --> 00:41:50.500]   I said, "You're smarter than you look." He called his sergeant.
[00:41:50.500 --> 00:41:54.500]   The next day I saw Lloyd in the courthouse and I said, "How's it going, Lloyd?"
[00:41:54.500 --> 00:41:58.500]   "Well, it's going okay. You're going to try to get me arrested again?"
[00:41:58.500 --> 00:42:01.500]   "Oh, that, heck, Lloyd."
[00:42:01.500 --> 00:42:04.500]   I was just screwing around. That wasn't that a hoot?
[00:42:04.500 --> 00:42:07.500]   I didn't think it was very funny.
[00:42:07.500 --> 00:42:11.500]   "If you do this right, they can't get a hold of me."
[00:42:11.500 --> 00:42:16.500]   Okay, go ahead.
[00:42:16.500 --> 00:42:19.500]   Somebody was speaking.
[00:42:19.500 --> 00:42:21.500]   Oh, no.
[00:42:21.500 --> 00:42:26.500]   Oh, okay, okay. So this is kind of where I wanted to go tonight.
[00:42:26.500 --> 00:42:29.500]   We are getting a whole bunch of callers tonight.
[00:42:29.500 --> 00:42:31.500]   Do you want to hang on?
[00:42:31.500 --> 00:42:38.500]   Let me take a few calls and you'll get to hear how we address some of these issues.
[00:42:38.500 --> 00:42:44.500]   Debra's going to be back a little later because I want to go back to this with you.
[00:42:44.500 --> 00:42:48.500]   I know I just threw a whole bunch at you.
[00:42:48.500 --> 00:42:51.500]   Do you have time to hang on?
[00:42:51.500 --> 00:42:53.500]   Yeah, yeah, I'm fine.
[00:42:53.500 --> 00:42:54.500]   A few minutes here?
[00:42:54.500 --> 00:42:55.500]   Yes, sir.
[00:42:55.500 --> 00:42:58.500]   Good, good. This is new information for you.
[00:42:58.500 --> 00:42:59.500]   New, okay.
[00:42:59.500 --> 00:43:06.500]   You're in a position where you can hammer these guys big time.
[00:43:06.500 --> 00:43:12.500]   They broke your door and came into your house.
[00:43:12.500 --> 00:43:20.500]   That officer who did that, you have an opportunity to make him wish he was somewhere else.
[00:43:20.500 --> 00:43:23.500]   We will get back to how to do that.
[00:43:23.500 --> 00:43:30.500]   Let me take a couple of callers and I'm hoping I'll get some guys that will give us some good issues.
[00:43:30.500 --> 00:43:33.500]   And then I'm going to want to come back to you.
[00:43:33.500 --> 00:43:35.500]   Hang on there.
[00:43:35.500 --> 00:43:40.500]   This is Randy Kelton, Debra Stevens, here with Joe Esquivel.
[00:43:40.500 --> 00:43:44.500]   And caller number is 512-646-1984.
[00:43:44.500 --> 00:43:49.500]   Mike in Wisconsin, Peter, Texas, Mike, Texas.
[00:43:49.500 --> 00:43:52.500]   And we've got another one on screen.
[00:43:52.500 --> 00:43:54.500]   We will pick you up on the other side.
[00:43:54.500 --> 00:43:57.500]   I especially want to talk to Mike in Texas.
[00:43:57.500 --> 00:43:59.500]   We'll be right back.
[00:43:59.500 --> 00:44:06.500]   Hello, my name is Stuart Smith from NaturesPureOrganics.com.
[00:44:06.500 --> 00:44:12.500]   And I would like to invite you to come by our store at 1904 Guadalupe Street, Suite D, here in Austin, Texas,
[00:44:12.500 --> 00:44:18.500]   behind Brave New Books and Chase Paint, to see all our fantastic health and wellness products with your very own eyes.
[00:44:18.500 --> 00:44:22.500]   Have a look at our miracle healing clay that started our adventure in alternative medicine.
[00:44:22.500 --> 00:44:30.500]   Take a peek at some of our other wonderful products, including our Australian emu oil, lotion candles, olive oil soaps, and colloidal silver and gold.
[00:44:30.500 --> 00:44:37.500]   Call 512-264-4043 or find us online at NaturesPureOrganics.com.
[00:44:37.500 --> 00:44:42.500]   That's 512-264-4043, NaturesPureOrganics.com.
[00:44:42.500 --> 00:44:47.500]   Don't forget to like us on Facebook for information on events and our products.
[00:44:47.500 --> 00:44:49.500]   NaturesPureOrganics.com.
[00:44:49.500 --> 00:45:00.500]   [Music]
[00:45:00.500 --> 00:45:04.500]   Are you the plaintiff or defendant in a lawsuit?
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[00:46:01.500 --> 00:46:24.500]   [Music]
[00:46:24.500 --> 00:46:29.500]   Always I must be careful what I'm wishing for.
[00:46:29.500 --> 00:46:35.500]   When I'm hungry, I like to know just what I'm fishing for.
[00:46:35.500 --> 00:46:41.500]   I ain't asking for much, I ain't trying to be no blood man.
[00:46:41.500 --> 00:46:43.500]   Okay, we are back.
[00:46:43.500 --> 00:46:47.500]   Randy Kelton, Joe Esquivel, Rule of Law Radio.
[00:46:47.500 --> 00:46:51.500]   And I'm going to go to Mike first.
[00:46:51.500 --> 00:46:58.500]   Mostly because Mike is indicative of what I'm trying to demonstrate here.
[00:46:58.500 --> 00:47:12.500]   Mike was at TSA and they gave him a hard time about a water bottle and wound up arresting him and charging him with a Class C misdemeanor and he fought it.
[00:47:12.500 --> 00:47:18.500]   In the city of Austin, if you try to fight your case, they'll do everything they can to screw you around.
[00:47:18.500 --> 00:47:20.500]   Problem.
[00:47:20.500 --> 00:47:26.500]   Mike's an engineer and he tends, he's like me, he connects the dots.
[00:47:26.500 --> 00:47:31.500]   And the dots were not connecting up right.
[00:47:31.500 --> 00:47:37.500]   And when the dots don't connect up right, it makes engineers crazy and they just dig in.
[00:47:37.500 --> 00:47:52.500]   And he gets to trial and the prosecution complains that he cost the prosecution $70,000 or something to prosecute this $300 case.
[00:47:52.500 --> 00:47:56.500]   The judge denied everything he presented.
[00:47:56.500 --> 00:48:01.500]   The jury found it guilty because apparently felt like they had to.
[00:48:01.500 --> 00:48:08.500]   But they apparently were not happy because they only charged him a dollar.
[00:48:08.500 --> 00:48:12.500]   And Mike told me about that and I asked him, well, what are you going to do, Mike?
[00:48:12.500 --> 00:48:14.500]   He said, I'm going to appeal it, of course.
[00:48:14.500 --> 00:48:15.500]   And he appealed it.
[00:48:15.500 --> 00:48:19.500]   And then he was later he was going into the courthouse.
[00:48:19.500 --> 00:48:30.500]   I think because he had given so many police officers a hard time in all of this process that the guards in the police station knew who he was.
[00:48:30.500 --> 00:48:35.500]   I mean, in the courthouse knew who he was and they were going to pay him back.
[00:48:35.500 --> 00:48:37.500]   And they arrested him for point to dead.
[00:48:37.500 --> 00:48:39.500]   The weapon had him.
[00:48:39.500 --> 00:48:42.500]   A digital tape recorder.
[00:48:42.500 --> 00:48:46.500]   And then another fight was on.
[00:48:46.500 --> 00:48:54.500]   Mark, can you kind of bring us up to speed as to where you're at at the moment?
[00:48:54.500 --> 00:49:01.500]   Well, regarding the $70,000, I think that was an estimate that one of my court watchers had provided.
[00:49:01.500 --> 00:49:09.500]   I don't think that the prosecutor provided that.
[00:49:09.500 --> 00:49:11.500]   Most of that is all pretty correct.
[00:49:11.500 --> 00:49:22.500]   So regarding the deadly weapon charge of having an audio recorder in their presence, I was arrested.
[00:49:22.500 --> 00:49:23.500]   I was booked and processed.
[00:49:23.500 --> 00:49:25.500]   They did a bunch of things to me.
[00:49:25.500 --> 00:49:28.500]   And so eventually I fought the thing.
[00:49:28.500 --> 00:49:31.500]   They tried to deny me the video evidence.
[00:49:31.500 --> 00:49:36.500]   And actually in both instances they really haven't provided much in video evidence.
[00:49:36.500 --> 00:49:40.500]   But the county attorney refused to provide it.
[00:49:40.500 --> 00:49:41.500]   I went to the attorney general.
[00:49:41.500 --> 00:49:44.500]   The attorney general says, yeah, you've got to give it to him.
[00:49:44.500 --> 00:49:47.500]   Okay, hang on, Mike.
[00:49:47.500 --> 00:49:52.500]   Just for the record, Mike was found guilty on the water bottle charge.
[00:49:52.500 --> 00:50:05.500]   And on the charge by the court bailiffs, that charge was dismissed at the courthouse steps.
[00:50:05.500 --> 00:50:10.500]   They flustered and blustered and waved their arms and jumped up and down in righteous indignation
[00:50:10.500 --> 00:50:14.500]   and threatened him with all the horrible things they were going to do.
[00:50:14.500 --> 00:50:17.500]   And Mike didn't go for any of it.
[00:50:17.500 --> 00:50:20.500]   They got to the courthouse steps and they dismissed everything.
[00:50:20.500 --> 00:50:22.500]   So then he sued them.
[00:50:22.500 --> 00:50:29.500]   And what we're talking about now is what's going on in the civil suits that he's filed against both of them.
[00:50:29.500 --> 00:50:31.500]   Okay, go ahead, Mike.
[00:50:31.500 --> 00:50:39.500]   Okay, so actually the first one I wanted to point out that they never let me produce the video evidence to the jury,
[00:50:39.500 --> 00:50:42.500]   which I thought was a pretty serious issue.
[00:50:42.500 --> 00:50:48.500]   They never brought anyone who was the actual complainant before me or the witness that claimed the whole thing.
[00:50:48.500 --> 00:50:55.500]   They denied the press into the courtroom also.
[00:50:55.500 --> 00:51:10.500]   But regarding the latest instance, I just got notice that even though the judge had in his letter stated that all my injuries were the result of Travis County deputies
[00:51:10.500 --> 00:51:14.500]   and that what was really interesting, I thought, is he...
[00:51:14.500 --> 00:51:16.500]   Okay, hold on, hold on.
[00:51:16.500 --> 00:51:18.500]   Back up.
[00:51:18.500 --> 00:51:25.500]   Today you received a notice from Judge Sparks, a federal judge here in Austin.
[00:51:25.500 --> 00:51:26.500]   That's correct.
[00:51:26.500 --> 00:51:30.500]   On your lawsuit against Travis County deputies.
[00:51:30.500 --> 00:51:31.500]   That's correct.
[00:51:31.500 --> 00:51:33.500]   I'm sorry, not Travis County.
[00:51:33.500 --> 00:51:35.500]   This is the city of Austin, right?
[00:51:35.500 --> 00:51:37.500]   Travis County.
[00:51:37.500 --> 00:51:39.500]   Okay, Travis County.
[00:51:39.500 --> 00:51:44.500]   And the judge dismissed his case.
[00:51:44.500 --> 00:51:58.500]   And on first blush, it sounds like the dirty, rotten, stinking scoundrel that this county did all this horrible, rotten, awful stuff to Mike
[00:51:58.500 --> 00:52:06.500]   and takes it to the federal court and the no good, rotten, corrupt judge just tosses his case out.
[00:52:06.500 --> 00:52:08.500]   But after I talked to Mike, he sent me the documents.
[00:52:08.500 --> 00:52:11.500]   I didn't have time to read them before the show.
[00:52:11.500 --> 00:52:22.500]   But tell us what he ruled in the order where he tossed out the case.
[00:52:22.500 --> 00:52:31.500]   Well, you know, the part that's just specific to me was that he did claim that all my injuries were substantially severe
[00:52:31.500 --> 00:52:37.500]   and a result of placing restraints, handcuffs and shackles, which the county has denied.
[00:52:37.500 --> 00:52:43.500]   But regarding other people, which they might find very interesting, is that this is what the judge really said.
[00:52:43.500 --> 00:52:47.500]   At the time of arrest, defendants were acting under color of law.
[00:52:47.500 --> 00:52:55.500]   Now, they had a warrantless checkpoint where they were just collecting everyone that went through and had their possessions
[00:52:55.500 --> 00:53:00.500]   go through an X-ray machine, they had to pass through a magnetometer, have to take off their belt, all this stuff.
[00:53:00.500 --> 00:53:06.500]   So at the time of arrest, defendants were acting under color of law, regulations of the State of Texas of Travis County Sheriff's
[00:53:06.500 --> 00:53:07.500]   Department.
[00:53:07.500 --> 00:53:15.500]   Travis County Sheriff's Department had and continues to have a policy and custom in place that enabled its agents and employees
[00:53:15.500 --> 00:53:20.500]   to act with deliberate indifference to the constitutional rights of individuals.
[00:53:20.500 --> 00:53:28.500]   Warrantless searches and seizures of the public, excluding the public without cause and at the discretion of Travis County
[00:53:28.500 --> 00:53:37.500]   Sheriff's deputies, attorneys, members of the court are not required to the same warrantless search and seizure.
[00:53:37.500 --> 00:53:46.500]   And then more specific to my case, they said that the defendant's direct supervisor had access, claimed it had viewed video
[00:53:46.500 --> 00:53:54.500]   recording of plaintiff's arrest, defendant's direct supervisor tolerated, continues to tolerate misconduct of Travis County
[00:53:54.500 --> 00:54:02.500]   Sheriff's deputies, defendant's direct supervisor encourages misconduct by failing to adequately supervise, discipline or
[00:54:02.500 --> 00:54:14.500]   train as subordinates, and then he cites a couple of cases, 42 U.S.C. 1903, Tennessee v. Gamer, 471 U.S. 1,7, 1985, Brown v.
[00:54:14.500 --> 00:54:24.500]   Ryan County, 219 F. 3D, 450, 462, 636, 5th Circuit, 2000.
[00:54:24.500 --> 00:54:32.500]   So I thought that that was interesting that he dismissed it, but that he is declaring that it's a warrantless checkpoint and
[00:54:32.500 --> 00:54:35.500]   direct violation of individual's constitutional rights.
[00:54:35.500 --> 00:54:36.500]   Okay.
[00:54:36.500 --> 00:54:41.500]   We have seen this sort of thing before.
[00:54:41.500 --> 00:54:53.500]   And sometimes if we don't really think about what we're looking at, we can come to the wrong conclusion.
[00:54:53.500 --> 00:54:54.500]   Okay.
[00:54:54.500 --> 00:55:00.500]   Now, Judge Sparks dismissed Mike's case.
[00:55:00.500 --> 00:55:13.500]   But in the process of dismissing Mike's case, he ruled that all of Mike's - essentially all of Mike's allegations were valid and correct.
[00:55:13.500 --> 00:55:16.500]   But he dismissed the case anyway.
[00:55:16.500 --> 00:55:19.500]   That's correct.
[00:55:19.500 --> 00:55:24.500]   So what's going to happen after he dismisses the case?
[00:55:24.500 --> 00:55:32.500]   Well, this dismissal was in direct response to a joiner motion that I had placed.
[00:55:32.500 --> 00:55:38.500]   The county was intimidating me with a 27-page witness list.
[00:55:38.500 --> 00:55:40.500]   You know, that 27-page -
[00:55:40.500 --> 00:55:41.500]   No, wait a minute.
[00:55:41.500 --> 00:55:42.500]   No, you didn't answer my question.
[00:55:42.500 --> 00:55:43.500]   Oh, okay.
[00:55:43.500 --> 00:55:44.500]   Sorry.
[00:55:44.500 --> 00:55:47.500]   What will you do now that he dismissed the case?
[00:55:47.500 --> 00:55:50.500]   I will appeal to the Fifth.
[00:55:50.500 --> 00:55:51.500]   Exactly.
[00:55:51.500 --> 00:56:04.500]   What is it that we say about the only purpose of the trial court is to set the record for appeal?
[00:56:04.500 --> 00:56:08.500]   And look what Judge Sparks did.
[00:56:08.500 --> 00:56:21.500]   He gave you the record for appeal such that the appellate court will have little option but to overrule his dismissal.
[00:56:21.500 --> 00:56:30.500]   If Judge Sparks had ruled in your favor, you would have won in this instance.
[00:56:30.500 --> 00:56:39.500]   But the fact that he didn't push his - that he gave you all of your issues, then dismissed it and sent it to the Court of Appeals,
[00:56:39.500 --> 00:56:46.500]   when the Court of Appeals rules in your favor, the ruling is everybody's.
[00:56:46.500 --> 00:57:01.500]   Now it can be cited that when a jurisdiction acts under color of law, they don't have immunity from suit.
[00:57:01.500 --> 00:57:07.500]   That's what it sounds like Judge Sparks is trying to engineer.
[00:57:07.500 --> 00:57:11.500]   It has a flavor to me too, I think.
[00:57:11.500 --> 00:57:21.500]   We want to - when we get a dismissal or something like this, we really need to pay attention because, you know,
[00:57:21.500 --> 00:57:31.500]   I said in a mock trial once and this was in Massachusetts and the guy was being tried in Pennsylvania.
[00:57:31.500 --> 00:57:38.500]   And he was going to represent himself so we had him present a defense before a jury picked off the street.
[00:57:38.500 --> 00:57:40.500]   He didn't know it.
[00:57:40.500 --> 00:57:51.500]   And they had me sit in as judge and I was really, really frustrated because Danny was not - he was doing all of this papert mythology stuff,
[00:57:51.500 --> 00:57:56.500]   but wasn't giving me anything I could rule on.
[00:57:56.500 --> 00:58:00.500]   And it looks like Mike gave the judge something he can rule on.
[00:58:00.500 --> 00:58:12.500]   He gave him the rulings and then made sure that these rulings went to the Court of Appeals where they would become precedents when the Court ruled on them.
[00:58:12.500 --> 00:58:15.500]   I view this as a great victory.
[00:58:15.500 --> 00:58:23.500]   Hang on folks, Randy Kelton, David Stevens, Rule of Law Radio, our call in number 512-646-1984.
[00:58:23.500 --> 00:58:26.500]   We will be taking your calls all night.
[00:58:26.500 --> 00:58:33.500]   Mark, I see you there. Chris, we've got one that's on screen.
[00:58:33.500 --> 00:58:38.500]   We'll pick you up when we get back on the other side.
[00:58:38.500 --> 00:58:43.500]   And make sure you call in early because we've got a lot of calls at the front.
[00:58:43.500 --> 00:58:46.500]   They generally really build up in the back end.
[00:58:46.500 --> 00:58:49.500]   So call in earlier and we'll try to get to you.
[00:58:49.500 --> 00:58:53.500]   Would you like to make more definite progress in your walk with God?
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[00:59:44.500 --> 00:59:49.500]   Or visit us online at bfa.org.
[00:59:49.500 --> 00:59:55.500]   Live free speech radio, logosradionetwork.com.
[00:59:55.500 --> 01:00:13.500]   You're listening to The Liberty Beats, your daily source for Liberty news and activist updates, online at thelibertybeats.com.
[01:00:15.500 --> 01:00:20.500]   John Bush here with your Liberty Beat for Thursday, August 29, 2013.
[01:00:20.500 --> 01:00:29.500]   Gold opened today at $1,409, silver at $24.20, and Bitcoin is trading at $118.73.
[01:00:29.500 --> 01:00:32.500]   Support for The Liberty Beat comes from Brave New Books,
[01:00:32.500 --> 01:00:38.500]   Oscar's only brick and mortar store carrying the Tangerine 2.0, online at bravenewbookstore.com,
[01:00:38.500 --> 01:00:44.500]   and from the first annual Parents for Liberty Alternative Education Conference, October 12, on UT campus.
[01:00:44.500 --> 01:00:49.500]   Speakers include Dr. Lawrence Reed, Michael Strong, Dr. Mary Ruart, and John Bush.
[01:00:49.500 --> 01:00:52.500]   Information at parentsforliberty.org.
[01:00:52.500 --> 01:00:54.500]   And now the news.
[01:00:54.500 --> 01:01:02.500]   Despite President Obama's declaration on Wednesday that he was certain the Syrian government was responsible for the August 21 chemical attacks in Syria,
[01:01:02.500 --> 01:01:04.500]   intelligence officials are not as confident.
[01:01:04.500 --> 01:01:10.500]   The Office of the Director for National Intelligence released a report detailing gaps in the U.S. intelligence.
[01:01:10.500 --> 01:01:15.500]   Congressional committees are expected to be briefed on evidence by conference call on Thursday.
[01:01:15.500 --> 01:01:21.500]   So far, intelligence officials have not been able to locate the exact location of Assad's supposed chemical weapons supply.
[01:01:21.500 --> 01:01:27.500]   The United States is not the only official body having trouble finding hard evidence linking the Syrian government to the use of chemical weapons.
[01:01:27.500 --> 01:01:30.500]   Bashar Jafar, a Syrian ambassador to the United Nations,
[01:01:30.500 --> 01:01:35.500]   stated that the rebels used weapons that they were able to produce with the help of outside powers.
[01:01:35.500 --> 01:01:40.500]   The British Parliament will hold a vote Thursday on a motion that would eliminate the possibility of launching an attack
[01:01:40.500 --> 01:01:45.500]   until the U.N. weapons inspectors publish their findings to the U.N. Security Council.
[01:01:45.500 --> 01:01:55.500]   Liberty activist John Bush was found not guilty yesterday in his trial stemming from a 2010 arrest on UT campus
[01:01:55.500 --> 01:01:59.500]   after he refused to go to the free speech zone while President Barack Obama was in town.
[01:01:59.500 --> 01:02:06.500]   Trial lasted from 9 a.m. to 4.30 p.m. and ended when Judge Herb Evans directed the jury to deliver a not guilty verdict
[01:02:06.500 --> 01:02:13.500]   after it became clear that the prosecution did not have any evidence showing that an order was actually given by UT police.
[01:02:13.500 --> 01:02:19.500]   The state of Texas made a fatal mistake when last year they reduced the charges from Class B Misdemeanor Criminal Trespass
[01:02:19.500 --> 01:02:23.500]   to Class C Misdemeanor Willful Failure to Obey the Lawful Order of an Officer.
[01:02:23.500 --> 01:02:27.500]   John refused three years worth of plea deals which led the state to reduce their charges.
[01:02:27.500 --> 01:02:33.500]   John believes he has been vindicated and is encouraging others, especially when there is minimal risk to one's freedom,
[01:02:33.500 --> 01:02:37.500]   to refuse to take the plea deal and stand on their convictions.
[01:02:37.500 --> 01:02:41.500]   Video of the trial will soon be available at TheLibertyBeat.com.
[01:02:41.500 --> 01:02:51.500]   On Wednesday a military jury sentenced a U.S. Army psychiatrist to death for the 2009 shootings at Fort Hood, Texas
[01:02:51.500 --> 01:02:53.500]   that killed 13 people and wounded 31 others.
[01:02:53.500 --> 01:03:00.500]   Major Nidal Hassan has stated that he committed the crimes in retaliation for the United States wars in the Muslim world.
[01:03:00.500 --> 01:03:05.500]   [Music]
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[01:03:20.500 --> 01:03:25.500]   [Music]
[01:03:25.500 --> 01:03:30.500]   [Music]
[01:03:30.500 --> 01:03:35.500]   [Music]
[01:03:35.500 --> 01:03:40.500]   [Music]
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[01:03:50.500 --> 01:03:55.500]   Okay, we are back. I'm Randy Kelton and this is Debra Stevens. You're with Joe Esquivel.
[01:03:55.500 --> 01:04:05.500]   And we are taking your calls. I do believe I need to do another full due process show.
[01:04:05.500 --> 01:04:16.500]   I did one several years ago and I think maybe it'd be a good idea if I planned for next Friday to do four hours on due process
[01:04:16.500 --> 01:04:24.500]   or at least two hours on due process. I've done four before and got more positive feedback from that show than any other.
[01:04:24.500 --> 01:04:35.500]   And when we were on the break, we were talking about it in doing this and the value of filing criminal accusations.
[01:04:35.500 --> 01:04:44.500]   And we as citizens, well, actually we're sovereigns. We're not citizens.
[01:04:44.500 --> 01:04:50.500]   Citizens are subjects and we're not. We're the sovereigns. We're the sovereigns without subjects.
[01:04:50.500 --> 01:05:01.500]   So as sovereigns, we're the CEOs. And as such, we have the power to control the system that we're in.
[01:05:01.500 --> 01:05:07.500]   If we don't control it, it doesn't get controlled. And one thing that happens when you start taking them on,
[01:05:07.500 --> 01:05:23.500]   I have more than once had a well-meaning police officer or bailiff or investigator for the prosecuting attorney
[01:05:23.500 --> 01:05:31.500]   and one time a FBI agent warned me about all the bad things that can happen to me
[01:05:31.500 --> 01:05:40.500]   if when I start filing these criminal complaints, that always gets a 911 call.
[01:05:40.500 --> 01:05:59.500]   Some jack-led prominently displaying a deadly weapon say something to me that I can construe as an attempt to prevent me from acting as a witness.
[01:05:59.500 --> 01:06:06.500]   3605 Texas Penal Code says that's tampering with witness.
[01:06:06.500 --> 01:06:15.500]   And if it's for the purpose of shielding someone from prosecution, that's obstruction of justice, 3605.
[01:06:15.500 --> 01:06:23.500]   And shielding from prosecution, 3805. And official oppression, 3903.
[01:06:23.500 --> 01:06:31.500]   So let's dance, bubba. That gets a 911 call every time.
[01:06:31.500 --> 01:06:44.500]   And when I call 911 and accuse the person of committing first degree felony aggravated assault, this is how I get there.
[01:06:44.500 --> 01:07:00.500]   2202 Texas Penal Code defines simple assault as someone speaking to you in a way not that you would find offensive,
[01:07:00.500 --> 01:07:09.500]   but in a way that a reasonable person of ordinary prudence would find offensive. That's simple assault.
[01:07:09.500 --> 01:07:24.500]   2204, if a person commits simple assault as defined by 2202, while prominently displaying a deadly weapon, that's a second degree felony.
[01:07:24.500 --> 01:07:38.500]   However, if they are a public official acting under color or pretense of an official authority, that's a first degree felony.
[01:07:38.500 --> 01:08:02.500]   2202 life. So when a public official prominently displaying a loaded pistol on his hip gives me warning under the guise of sage advice of all the bad things that can happen to me for acting as a witness,
[01:08:02.500 --> 01:08:17.500]   I consider that aggravated assault, first degree felony aggravated assault for the purpose of tampering with a witness and obstructing justice.
[01:08:17.500 --> 01:08:28.500]   So don't complain to me, guy. I didn't write the law. I just read it. And you say, "What didn't threaten you?" Well, that's the way I took it.
[01:08:28.500 --> 01:08:42.500]   Explain it to the grand jury. I'm sure they'll be understanding. That's the same smart mouth crap the police officer will tell you when he's arresting you for a bunch of BS.
[01:08:42.500 --> 01:08:54.500]   Okay, it looks like Mike dropped off. Then we're going to go to Mark in Tejas. Hello, Mark.
[01:08:54.500 --> 01:09:00.500]   So Mark in Wisconsin. Are you there? Okay, go ahead.
[01:09:00.500 --> 01:09:13.500]   Mark from Wisconsin. I have a foreclosure question. I don't know if that's going to be relevant for this evening. I've been enjoying your conversations, but I thought Joe Esquivel might be on to help me unless you're familiar with foreclosures.
[01:09:13.500 --> 01:09:22.500]   Okay, if the question is not relevant, I'll hit my mic taser. Go ahead.
[01:09:22.500 --> 01:09:35.500]   I've got a situation with a foreclosure. Wisconsin courts, probably like most state courts, are just focused on the fact that a person missed payments and that's the bottom line and so you're going to lose your house.
[01:09:35.500 --> 01:09:45.500]   But I have an issue with some of the documents. My original mortgage and note were originated by a company called One Choice Mortgage.
[01:09:45.500 --> 01:09:58.500]   My wife and I just followed instructions when we closed this loan 10 years ago and we signed an assignment over to MERS as nominee for Wachovia.
[01:09:58.500 --> 01:10:08.500]   What we did not know is that on the same day One Choice Mortgage sold the note or there was in a lounge showing ownership into Wachovia.
[01:10:08.500 --> 01:10:20.500]   Since we didn't sign that, we weren't party to that. So my question before the court the other day, I appeared there on Tuesday and he's given me 30 days to examine the note that the attorney says, "Oh, we have it in our possession."
[01:10:20.500 --> 01:10:31.500]   But my point being, if One Choice Mortgage actually received the funds from Wachovia, then One Choice Mortgage technically would not be the lender.
[01:10:31.500 --> 01:10:41.500]   And if they recorded the mortgage, is that a faulty recording or I should say a fraudulent recording and do I have a leg to stand on?
[01:10:41.500 --> 01:10:51.500]   One, I would ask the purported copy of the tangible promissory note that you're being asked to look at.
[01:10:51.500 --> 01:10:59.500]   All right. So is there more than one purported endorsement or a launch?
[01:10:59.500 --> 01:11:08.500]   There's the one, the original one from on the day of the closing to Wachovia and the foreclosure complaint.
[01:11:08.500 --> 01:11:15.500]   The first I've heard of it when the complaint showed up is that Fannie Mae is the owner of my note.
[01:11:15.500 --> 01:11:24.500]   Oh, you are in luck, my man. Fannie Mae claims to be an investor.
[01:11:24.500 --> 01:11:25.500]   Okay.
[01:11:25.500 --> 01:11:36.500]   All right. So with that being said, Fannie Mae has purchased an interest of your mortgage loan instrument.
[01:11:36.500 --> 01:11:43.500]   All right. So pursuant to Covenant 20 of your mortgage, it says,
[01:11:43.500 --> 01:11:55.500]   the note and a partial interest of the note may be sold together with the security instrument one or more times.
[01:11:55.500 --> 01:11:58.500]   Right there you have fraud in the factum.
[01:11:58.500 --> 01:12:07.500]   They did not do what was required by law to have negotiation, transfer and delivery of your entire instrument.
[01:12:07.500 --> 01:12:12.500]   They sold an interest of your mortgage loan instrument.
[01:12:12.500 --> 01:12:24.500]   So in Wisconsin, pursuant to Wisconsin statutory requirements of law under 403-2034,
[01:12:24.500 --> 01:12:33.500]   if a transfer purports to transfer less than the entire instrument, negotiation of the instrument does not occur.
[01:12:33.500 --> 01:12:39.500]   The transfer obtains no rights under this chapter and is only the rights of a partial assignee.
[01:12:39.500 --> 01:12:46.500]   Fannie Mae never acquired the entire mortgage loan instrument.
[01:12:46.500 --> 01:12:49.500]   They purchased an interest.
[01:12:49.500 --> 01:12:56.500]   So when they purchased an interest, the note was no longer eligible to be negotiated.
[01:12:56.500 --> 01:12:59.500]   Negotiation could not take place.
[01:12:59.500 --> 01:13:05.500]   Fannie Mae is not listed on record in Wisconsin as being mortgagee.
[01:13:05.500 --> 01:13:15.500]   So I guarantee you that Fannie Mae's name is not named on the payee line of your tangible promissory note.
[01:13:15.500 --> 01:13:24.500]   So you've got multiple parties claiming an interest of your mortgage loan instrument.
[01:13:24.500 --> 01:13:28.500]   So one, there can be no holder in due course.
[01:13:28.500 --> 01:13:38.500]   Unless the party claimed to be a holder in due course, their name would have to be on its lender or on the payee,
[01:13:38.500 --> 01:13:44.500]   named as payee on the payee line of your tangible promissory note.
[01:13:44.500 --> 01:13:54.500]   If they're claiming it was negotiated to them, you would need to look up, all right, is your name on the note?
[01:13:54.500 --> 01:13:59.500]   Is your name listed in public record? Second.
[01:13:59.500 --> 01:14:07.500]   And do you have sole claim to the intangible payment obligation?
[01:14:07.500 --> 01:14:13.500]   Unless you have all three parts and it would need to be done in a timely manner.
[01:14:13.500 --> 01:14:17.500]   What was the year you originated your loan?
[01:14:17.500 --> 01:14:20.500]   2002.
[01:14:20.500 --> 01:14:27.500]   Oh, you are lucky because that would have meant that in 2002,
[01:14:27.500 --> 01:14:36.500]   and I'm sure we could go and look up the date that Fannie Mae acquired an interest of your mortgage loan instrument,
[01:14:36.500 --> 01:14:42.500]   that they would have had a 20 days in which to perfect the tangible.
[01:14:42.500 --> 01:14:52.500]   Now, while the mortgage does follow the note, it follows a properly secured note.
[01:14:52.500 --> 01:15:01.500]   The security interest, the intangible payment obligation cannot follow the note.
[01:15:01.500 --> 01:15:11.500]   Now, by operation of law on day 21 under 9312, or pursuant to Wisconsin state equivalents,
[01:15:11.500 --> 01:15:16.500]   there is a timely manner in which this must be done.
[01:15:16.500 --> 01:15:22.500]   So on day 21 by operation of law, if the tangible has not been perfected,
[01:15:22.500 --> 01:15:30.500]   by operation of law, it becomes an unperfected or an unsecured obligation.
[01:15:30.500 --> 01:15:35.500]   So you have a lot you can do and this is what I do all day long.
[01:15:35.500 --> 01:15:43.500]   As a private investigator, we look at everything and we see, okay, one party is coming forth as plaintiff,
[01:15:43.500 --> 01:15:50.500]   but wait a minute, other parties are on the sidelines.
[01:15:50.500 --> 01:15:55.500]   So this is something that you do have a lot to attack.
[01:15:55.500 --> 01:15:58.500]   The question is, what do you want to do with it?
[01:15:58.500 --> 01:16:04.500]   I was in court on Tuesday on the 3rd and I had several briefs.
[01:16:04.500 --> 01:16:11.500]   I had material issues of material fact that didn't question and the judge just kind of pushed those off
[01:16:11.500 --> 01:16:15.500]   and I said, "Your Honor, I have the right to examine that original note."
[01:16:15.500 --> 01:16:22.500]   And I said, "I have no proof and there's no proof anywhere that Fannie Mae owns this note."
[01:16:22.500 --> 01:16:24.500]   And the attorney pipes up, "Well, we have the note."
[01:16:24.500 --> 01:16:29.500]   And I'm looking at it, I was going to say, "You're a liar," but of course, I couldn't say that in court.
[01:16:29.500 --> 01:16:33.500]   It's not about ownership. It's about rights.
[01:16:33.500 --> 01:16:35.500]   What rights have you acquired?
[01:16:35.500 --> 01:16:38.500]   Listen, we're going to go to break shortly.
[01:16:38.500 --> 01:16:43.500]   So after break, we'll come back to this and button this up.
[01:16:43.500 --> 01:16:51.500]   So this is Joe Esquivel, Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:16:51.500 --> 01:16:57.500]   Be sure to call back at 512-646-1984.
[01:16:57.500 --> 01:16:59.500]   We'll be back in a bit. Thank you.
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[01:19:01.500 --> 01:19:10.500]   This is the Logos Radio Network.
[01:19:11.500 --> 01:19:35.500]   [Music]
[01:19:35.500 --> 01:19:47.500]   Okay, we are back. Randy Kelton, Joe Esquivel with our radio and we did have something we missed at the beginning of the show and that's the clothing hour.
[01:19:47.500 --> 01:19:56.500]   Joe was in Florida this week and had an interesting time.
[01:19:56.500 --> 01:20:02.500]   Joe, will you tell us what went on in Florida? It's in line with what we're talking about.
[01:20:02.500 --> 01:20:29.500]   Sure. I flew out to Florida to testify in a court hearing for Tuesday and when I showed up, we were all ready to go to trial and what happens is that the judge asked that the two opposing lawyers take two minutes before they go in front of them for the trial and see if they can work out their differences.
[01:20:30.500 --> 01:20:50.500]   So, we went out to the hall and both parties identified themselves and then the homeowner's attorney who I was there representing says, "This is Joe Esquivel. He's with Mortgage Compliance Investigators. He's a licensed private investigator. We flew him off of Boston, Texas. He's here to testify as an expert witness."
[01:20:51.500 --> 01:21:03.500]   And the opposing counsel just looks and she says, "He's a licensed private investigator." And I said, "Yes, I am and I'm here to testify any wrongdoings that I find."
[01:21:03.500 --> 01:21:10.500]   So, then they asked, "Well, do you have any... what are your defenses?"
[01:21:10.500 --> 01:21:31.500]   So, my attorney looked at me for the homeowner and said, "All right, what are the defenses?" And we went through in five minutes and threw up all over the attorney and let them know what we were going to do, what we were going to testify to, everything that was wrong, everything that was not done along with the errors that were done.
[01:21:32.500 --> 01:21:40.500]   And the opposing counsel looked at us and said, "I'm sorry, but we're not ready to hear his testimony today. That's not going to happen."
[01:21:40.500 --> 01:21:57.500]   And she looked at the attorney standing next to me and she says, "Is your client willing to settle? Can we work out some sort of agreement? Can we do a loan mod?"
[01:21:59.500 --> 01:22:04.500]   And the attorney next to me says, "Well, I don't know if I want a loan mod, how about a cram down?"
[01:22:04.500 --> 01:22:20.500]   And next thing you know, in five minutes, they both agreed to agree not to allow me to testify. Instead, they were going to work out an arrangement where they would do a cram down for the client.
[01:22:20.500 --> 01:22:24.500]   They did not want the dirty laundry coming out.
[01:22:24.500 --> 01:22:27.500]   Will you explain cram down?
[01:22:28.500 --> 01:22:37.500]   Cram down, what we were asking was that the house was upside down with its, it had negative equity in it.
[01:22:37.500 --> 01:22:45.500]   The party had purchased a house, say for $300,000 and the house is worth $150,000.
[01:22:45.500 --> 01:22:54.500]   So what we were asking opposing counsel was to have the loan possibly reduced to market value.
[01:22:55.500 --> 01:23:11.500]   I'm exaggerating on the dollar amounts because it's just to give reference, but we wanted a fair market value loan at a fair and reasonable interest rate that the homeowner could afford.
[01:23:11.500 --> 01:23:19.500]   And the whole purpose is to bring the two parties together and see if we can work something out.
[01:23:20.500 --> 01:23:25.500]   Instead of standing there trying to duke it out, it's all about give and take.
[01:23:25.500 --> 01:23:28.500]   So it was nice.
[01:23:28.500 --> 01:23:33.500]   The opposing counsel did not want their dirty laundry aired out.
[01:23:33.500 --> 01:23:39.500]   So the client was thrilled to death.
[01:23:39.500 --> 01:23:43.500]   She's going to go get a loan modification.
[01:23:43.500 --> 01:23:46.500]   It's going to be crammed down.
[01:23:47.500 --> 01:23:50.500]   And the banks don't have to hear any dirty laundry.
[01:23:50.500 --> 01:24:01.500]   Now, we talk to people all the time about foreclosure issues and they talk to us about other people they've dealt with.
[01:24:02.500 --> 01:24:21.500]   And I tell people if somebody who offers to help you with your more foreclosure issue comes to you and says and guarantees you he can do this or he can do that or he can get you this ruling in court or that ruling in court, don't walk away from that person.
[01:24:21.500 --> 01:24:24.500]   Run away from that person.
[01:24:24.500 --> 01:24:26.500]   I agree.
[01:24:26.500 --> 01:24:30.500]   Everything is about the deal.
[01:24:31.500 --> 01:24:46.500]   If you understand that going in and write down, decide what for you would constitute a win, what would constitute a draw.
[01:24:46.500 --> 01:24:48.500]   Write that down.
[01:24:48.500 --> 01:24:52.500]   Because when you get in this in the fight, they're going to hurt your feelings.
[01:24:52.500 --> 01:24:55.500]   You're going to feel betrayed, angry, frustrated.
[01:24:55.500 --> 01:24:57.500]   And you're not careful.
[01:24:57.500 --> 01:25:00.500]   You lose sight of the prize.
[01:25:00.500 --> 01:25:02.500]   It'll come about the fight.
[01:25:02.500 --> 01:25:04.500]   You're not about the outcome.
[01:25:04.500 --> 01:25:10.500]   If you got the outcome written down, keep it all in mind and never forget.
[01:25:10.500 --> 01:25:14.500]   It's about finding something you can live with.
[01:25:14.500 --> 01:25:17.500]   If you can come away with a decent deal, you've won.
[01:25:17.500 --> 01:25:20.500]   That's all I got to say.
[01:25:20.500 --> 01:25:22.500]   That's my story and I'm sticking to it.
[01:25:22.500 --> 01:25:24.500]   Well, you're right.
[01:25:24.500 --> 01:25:26.500]   It's not about winning.
[01:25:27.500 --> 01:25:31.500]   It's about what can you live with?
[01:25:31.500 --> 01:25:35.500]   What is each side willing to give up?
[01:25:35.500 --> 01:25:44.500]   So Mark in Wisconsin, you've got a lot going for you regardless of what your judge said.
[01:25:44.500 --> 01:25:51.500]   And what I would suggest is that you get a chain of title analysis.
[01:25:51.500 --> 01:25:56.500]   And if you want to give me a call during the week, you can do that.
[01:25:57.500 --> 01:25:59.500]   And just contact me directly.
[01:25:59.500 --> 01:26:02.500]   That would be your best bet just to do it.
[01:26:02.500 --> 01:26:06.500]   Alright? Because you've only got X number of days in which to answer to the judge.
[01:26:06.500 --> 01:26:15.500]   And you can give me a call at 888-491-3741.
[01:26:15.500 --> 01:26:20.500]   And that way we can go into detail when you call me at the office.
[01:26:20.500 --> 01:26:22.500]   I will do that.
[01:26:23.500 --> 01:26:32.500]   Alright. So does that help you give an understanding as to the parties that are claiming to have an interest in the parties that are coming forth?
[01:26:32.500 --> 01:26:34.500]   It makes perfect sense.
[01:26:34.500 --> 01:26:38.500]   But my concern is the judge is going to say, "Yeah, that's fine and dandy.
[01:26:38.500 --> 01:26:42.500]   But the bottom line is, Mark, you've missed the payments and we're kicking the house from you."
[01:26:42.500 --> 01:26:46.500]   Your Honor, that's not what we're in court here today for.
[01:26:47.500 --> 01:26:56.500]   We're in court here today on a foreclosure action in which a party is claiming they've acquired the rights of enforcement.
[01:26:56.500 --> 01:27:00.500]   They've acquired rights to collect.
[01:27:00.500 --> 01:27:06.500]   In order to acquire rights, we need to go to statutory requirements of law.
[01:27:07.500 --> 01:27:17.500]   If we go to statutory requirements of law, there is only one statute within the entire state uniform commercial code for Wisconsin.
[01:27:17.500 --> 01:27:22.500]   And that's under 403.203.
[01:27:22.500 --> 01:27:26.500]   It says transfer of instrument. Rights acquired by transfer.
[01:27:26.500 --> 01:27:35.500]   There is no other statute within the entire blanket of that chapter that pertains to acquiring rights.
[01:27:37.500 --> 01:27:39.500]   So this is what you need to address.
[01:27:39.500 --> 01:27:43.500]   How does one acquire rights? What is acquired? What was not acquired?
[01:27:43.500 --> 01:27:50.500]   Yes, I understand you owe money. It's a monetary obligation. Someone needs to get paid.
[01:27:50.500 --> 01:27:52.500]   We'll deal with that at a later date.
[01:27:52.500 --> 01:27:57.500]   The issue today is, is this a proper party to come forth with this action?
[01:27:57.500 --> 01:27:59.500]   No, they're not.
[01:28:00.500 --> 01:28:07.500]   Remember, your mortgage is an alternative contract for collection.
[01:28:07.500 --> 01:28:18.500]   Now, when they sold an interest of your mortgage loan instrument, they sold your promise to pay.
[01:28:18.500 --> 01:28:27.500]   Your promise to pay was the intangible payment obligation which gave value to the security instrument.
[01:28:28.500 --> 01:28:38.500]   When they sold that part of the mortgage loan instrument, it reduced the value of the security instrument.
[01:28:38.500 --> 01:28:46.500]   With the debt being sold, there is no debt to evidence or to attach to.
[01:28:46.500 --> 01:28:49.500]   Go back to Carpenter versus Locke in 1872.
[01:28:49.500 --> 01:28:55.500]   The mortgage cannot survive without a debt that exists.
[01:28:56.500 --> 01:29:02.500]   So the mortgage has nothing to attach itself to. You sold the debt.
[01:29:02.500 --> 01:29:12.500]   So with the debt being sold, the mortgage is a nullity. It's not voidable. It's not voided. It's a nullity.
[01:29:12.500 --> 01:29:16.500]   Does that make sense? Do you follow that?
[01:29:16.500 --> 01:29:24.500]   Yes, I'm following that. Is there a potential for getting this thing thrown out of court completely with prejudice?
[01:29:25.500 --> 01:29:37.500]   I'm not sure they're going to do with prejudice because many times the judge allows opposing counsel to bring it forth and see if they can put Humpty Dumpty back on the wall.
[01:29:37.500 --> 01:29:43.500]   The problem is Humpty Dumpty has fallen off. We need to make sure that he can't get up.
[01:29:43.500 --> 01:29:48.500]   So we'll come back after the break and take another call.
[01:29:48.500 --> 01:29:54.500]   This is Joe Esquivel, Randy Kelton, Deborah Stivians, Rule of Law Radio.
[01:29:54.500 --> 01:29:56.500]   We'll be back in a minute.
[01:29:56.500 --> 01:29:59.500]   [Music]
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[01:30:48.500 --> 01:30:54.500]   Their courts use brainwave technology to read defendants' minds and place them at the scene of the crime.
[01:30:55.500 --> 01:30:58.500]   The system used is fitted with a wired cap hooked to an EEG machine.
[01:30:58.500 --> 01:31:03.500]   Investigators then read statements about the crime and document the defendant's brain response.
[01:31:03.500 --> 01:31:08.500]   They claim the system is foolproof since it measures electrical activity sparked by knowledge in the brain.
[01:31:08.500 --> 01:31:13.500]   While the U.S. does not yet allow brainwave evidence, experts predict it's just a matter of time.
[01:31:13.500 --> 01:31:19.500]   Defense attorneys are petitioning for its use in American courts to exonerate convicted criminals.
[01:31:19.500 --> 01:31:24.500]   I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:24.500 --> 01:31:29.500]   [Music]
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[01:33:12.500 --> 01:33:37.500]   [Music]
[01:33:38.500 --> 01:33:46.500]   [Music]
[01:33:46.500 --> 01:33:56.500]   Okay, we are back. Brandon Kelton, Brandon Stevens, Lululeur Radio and we're going to go to Julius in Texas.
[01:33:56.500 --> 01:34:00.500]   Julius, have you been beaten into unconsciousness lately?
[01:34:01.500 --> 01:34:08.500]   No, not yet. You still got the music running there.
[01:34:08.500 --> 01:34:23.500]   Well, we were laughing about that on the break. Julius called in one day from a parking lot with a couple of security guards annoying him and we were telling him what to do trying to get him beaten into unconsciousness.
[01:34:23.500 --> 01:34:26.500]   And you came close.
[01:34:26.500 --> 01:34:30.500]   What do you have for us today, Julius?
[01:34:30.500 --> 01:34:40.500]   Well, some good news. My impeding traffic case that went to appeal that's now in the county court of law.
[01:34:40.500 --> 01:34:54.500]   I've got a response back from the judge because the municipal court is five months overdue in responding to my appellant brief and the judge was not happy.
[01:34:55.500 --> 01:35:08.500]   So, he said move for dismissal for lack of prosecution or you can claim that they stipulated to all your claims in the appeal.
[01:35:08.500 --> 01:35:15.500]   Wait a minute. Wait, this is trial de novo.
[01:35:19.500 --> 01:35:28.500]   They filed a petition. Did you file motions in the... Wait a minute. Hold on.
[01:35:28.500 --> 01:35:39.500]   Okay. It's not a trial de novo. It's a court of record. So, this was an appeal that went to the county court of law from the city of...
[01:35:39.500 --> 01:35:42.500]   So, you appealed on error.
[01:35:43.500 --> 01:36:04.500]   Yes. And I won my chance to appeal and it went to the county court of law and I filed my appellant brief and the municipal court was supposed to get a response to my appellant brief by February of this year.
[01:36:05.500 --> 01:36:15.500]   The judge just sent me a notice last week, last week, week and a half, sent me a notice or a notice to all parties.
[01:36:15.500 --> 01:36:27.500]   I just looked in my file and I just noticed that the prosecution for the state had not filed a response to Mr. Mano's appellant brief.
[01:36:28.500 --> 01:36:53.500]   So, the order speaks for itself ordering the municipal court to file an appellate's brief response to Mr. Mano's appellant brief and to address each and every one of his issues in his appellant brief in substantive response.
[01:36:54.500 --> 01:37:03.500]   So, the appellant court judge wants the municipal court to answer all of my issues. I got about 20 of them, 19 or 20.
[01:37:04.500 --> 01:37:25.500]   And so, he wasn't too happy with them and the municipal court shot back just a few days ago, denying that my issues were...claiming that my issues were never raised in my motion for new trial.
[01:37:26.500 --> 01:37:38.500]   Therefore, they claim that all the issues I have in my appellant brief are waived and that's false and that's a lie because the issues were definitely raised in my motion for new trial.
[01:37:39.500 --> 01:37:56.500]   So, I wanted to submit to the appellant judge, this Judge Phillips, who seems to be on my side with this thing because he was smacking around the municipal court to get my transcripts and he was pretty annoyed with them.
[01:37:57.500 --> 01:38:09.500]   He was delayed getting my transcripts and now delaying a response to my appellant brief. But at any rate, I'm just going to write a response and just claim that the allegations are false.
[01:38:09.500 --> 01:38:19.500]   You might file a motion for sanctions. Do you have...is the motion for reconsideration in the record?
[01:38:19.500 --> 01:38:25.500]   When you say the motion for reconsideration, what do you mean by that?
[01:38:26.500 --> 01:38:31.500]   Okay, okay. What did you call it? What did you...they say you didn't raise...
[01:38:31.500 --> 01:38:33.500]   A motion for new trial. Okay.
[01:38:33.500 --> 01:38:36.500]   A motion for new trial. Okay. That's a motion for reconsideration.
[01:38:36.500 --> 01:38:38.500]   Okay, the motion for...
[01:38:38.500 --> 01:38:45.500]   Okay, okay. You call it a motion for new trial. Okay. In your motion for new trial, is it in the record?
[01:38:46.500 --> 01:39:04.500]   Oh yes, it's in the record and in fact, I have a court stamp with initial on my copy of it so that they can't defraud me and sort of pass some bogus new trial motion for new trial over to the county court of law, which I don't trust them.
[01:39:04.500 --> 01:39:09.500]   I got to tell you, Randy, I don't think it would be...I don't think that...
[01:39:09.500 --> 01:39:12.500]   Oh, Julius, you're jaded.
[01:39:13.500 --> 01:39:26.500]   I'm making up my motion for new trial and say, "This is Julius. I don't know what I'm doing in court, but I don't like this judge and that's my motion for new trial and I'm sticking to it."
[01:39:26.500 --> 01:39:32.500]   And then send that over to the county court of law and say, "See, he didn't raise any issue."
[01:39:32.500 --> 01:39:34.500]   I understand.
[01:39:35.500 --> 01:39:48.500]   If they filed a motion that contained assertions of fact that were not true, that's tampering with a government document, aggravated perjury.
[01:39:48.500 --> 01:39:56.500]   That is great, Randy, and tell me how I'm supposed to write this up. This would be awesome because I'll do it.
[01:39:56.500 --> 01:39:58.500]   Oh.
[01:39:58.500 --> 01:40:00.500]   Yeah, I want to do it.
[01:40:01.500 --> 01:40:23.500]   That's tampering with a government document. If you place a statement on a government document that is not true and you know that it's not true, and you assert it is true, and you intend that another party accept that it is true, that's tampering with a government document.
[01:40:23.500 --> 01:40:25.500]   Great.
[01:40:26.500 --> 01:40:45.500]   If you file that document under oath, that's aggravated perjury. When you testify to a material fact that is untrue and intend that it be taken as true, that's aggravated perjury.
[01:40:45.500 --> 01:40:47.500]   That's great.
[01:40:48.500 --> 01:41:01.500]   You're against the individual who signed the document. You take that, you just read the code, read 37.10, that's tampering with a government document.
[01:41:01.500 --> 01:41:10.500]   And 2204 is, I'm sorry, aggravated perjury. I forget which one it is. 36.
[01:41:10.500 --> 01:41:15.500]   Steve, you remember? Steve's listening.
[01:41:15.500 --> 01:41:17.500]   I'm looking.
[01:41:18.500 --> 01:41:24.500]   Aggravated perjury and tampering with a government document. Take those to the district attorney.
[01:41:24.500 --> 01:41:31.500]   Never say a word about the criminal complaints in the trial court.
[01:41:31.500 --> 01:41:33.500]   Okay.
[01:41:33.500 --> 01:41:38.500]   If the other side says a word about the criminal complaints, you ask for sanctions.
[01:41:39.500 --> 01:41:51.500]   It's improper for these guys to try to use criminal accusations to gain leverage in a, no, this is not a civil action, actually. This is a criminal action.
[01:41:51.500 --> 01:41:54.500]   This is a criminal action against me.
[01:41:54.500 --> 01:42:01.500]   The aggravated perjury, Randi, the aggravated perjury is Texas Penal Code, Section 37.03.
[01:42:01.500 --> 01:42:07.500]   Okay, 37. I was newsin' there someplace. Okay, 37.03. Thank you.
[01:42:07.500 --> 01:42:08.500]   Okay.
[01:42:08.500 --> 01:42:12.500]   I mean, Steve, I didn't call him chump, did I?
[01:42:12.500 --> 01:42:14.500]   Not this time.
[01:42:14.500 --> 01:42:22.500]   Steve was a broadcaster. We used to have fun chumping each other on the air. Thank you, Steve.
[01:42:22.500 --> 01:42:24.500]   You're welcome.
[01:42:25.500 --> 01:42:40.500]   Just read the code and state your complaint in terms of the elements of the code. And that's what I was, what I was stating those, the way I stated that, that was in the terms of the element of the offense.
[01:42:40.500 --> 01:42:42.500]   And file it with the prosecuting attorney.
[01:42:42.500 --> 01:42:46.500]   This is a complaint against a public official.
[01:42:48.500 --> 01:42:56.500]   In Texas, special statute, a special statute takes precedence over a general statute.
[01:42:56.500 --> 01:43:11.500]   The general statute that directs a prosecuting attorney concerning criminal accusations is that he's to reduce complaint to an information and submit it to the clerk of the court of jurisdiction.
[01:43:12.500 --> 01:43:31.500]   However, if it is a complaint against a public official accusing a public official of violating a law relating to his office, that's felony or misdemeanor, he shall reduce complaint to an information and submit it to the grand jury.
[01:43:31.500 --> 01:43:39.500]   Special statute takes precedence over a general statute, gives him no discretion of any kind.
[01:43:40.500 --> 01:43:44.500]   It says shall, it does not say may, might or can if he wants to.
[01:43:44.500 --> 01:43:56.500]   This is Randy Kelton, Joe Esquivel, Rue La Blanc Radio, our call in number 512-646-1984. We'll be taking your calls all night. We'll be right back.
[01:43:56.500 --> 01:43:59.500]   [Music]
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[01:50:16.500 --> 01:50:19.500]   Okay, how to answer that question?
[01:50:19.500 --> 01:50:23.500]   Common law or civil law?
[01:50:23.500 --> 01:50:27.500]   The question is not right.
[01:50:27.500 --> 01:50:31.500]   It would be common law or statutory law.
[01:50:31.500 --> 01:50:35.500]   And in most of the states,
[01:50:35.500 --> 01:50:39.500]   the only time the common law applies
[01:50:39.500 --> 01:50:43.500]   is when there is no statute addressing an issue.
[01:50:44.500 --> 01:50:47.500]   Otherwise, we're always in the statutory law.
[01:50:47.500 --> 01:50:51.500]   And you know, for a while there with the Republic of Texas
[01:50:51.500 --> 01:50:55.500]   and some others, they were advocating the common law.
[01:50:55.500 --> 01:50:59.500]   And I look at it and I want to ask them.
[01:50:59.500 --> 01:51:03.500]   I did a presentation to the Republic of Texas once.
[01:51:03.500 --> 01:51:07.500]   They never asked me to come back.
[01:51:07.500 --> 01:51:11.500]   But I said, "You want common law? Are you out of your minds?
[01:51:12.500 --> 01:51:15.500]   You are complaining about these corrupt judges
[01:51:15.500 --> 01:51:19.500]   and you want common law where the judge can rule
[01:51:19.500 --> 01:51:23.500]   any way he wants to?"
[01:51:23.500 --> 01:51:27.500]   I don't want any common law.
[01:51:27.500 --> 01:51:31.500]   I want statutory law where the judge is bound by statute
[01:51:31.500 --> 01:51:35.500]   as to what he can do.
[01:51:35.500 --> 01:51:39.500]   But in these cases, we will always be under the statutory law.
[01:51:40.500 --> 01:51:43.500]   And if you go to Harman Taylor,
[01:51:43.500 --> 01:51:47.500]   he's going to say that everything is by contract.
[01:51:47.500 --> 01:51:51.500]   And while that is the case,
[01:51:51.500 --> 01:51:55.500]   the contract is still governed by statutory law,
[01:51:55.500 --> 01:51:59.500]   primarily the Uniform Commercial Code.
[01:51:59.500 --> 01:52:03.500]   There are people who speak to the maritime law.
[01:52:03.500 --> 01:52:07.500]   Well, the maritime law doesn't apply on the land.
[01:52:08.500 --> 01:52:11.500]   It applies to all the local courts.
[01:52:11.500 --> 01:52:15.500]   And they quoted the The Thelka and several others
[01:52:15.500 --> 01:52:19.500]   that claimed that you could bring the maritime law
[01:52:19.500 --> 01:52:23.500]   onto the land, and absolutely not.
[01:52:23.500 --> 01:52:27.500]   And in the Fed, the maritime law in '65
[01:52:27.500 --> 01:52:31.500]   was merged with the civil law.
[01:52:31.500 --> 01:52:35.500]   So there effectively is no maritime law
[01:52:36.500 --> 01:52:39.500]   that relates to the U.S. unless
[01:52:39.500 --> 01:52:43.500]   the issue involves transportation by water.
[01:52:43.500 --> 01:52:47.500]   It can move to the land
[01:52:47.500 --> 01:52:51.500]   if the contract includes transportation by water
[01:52:51.500 --> 01:52:55.500]   that goes intermodal,
[01:52:55.500 --> 01:52:59.500]   maybe go to a train and then a truck.
[01:52:59.500 --> 01:53:03.500]   If any point of it involves transportation
[01:53:04.500 --> 01:53:07.500]   by water, then the entire contract
[01:53:07.500 --> 01:53:11.500]   can be chosen to be tried in maritime.
[01:53:11.500 --> 01:53:15.500]   Otherwise, that doesn't apply.
[01:53:15.500 --> 01:53:19.500]   So I guess the best way to answer your question is
[01:53:19.500 --> 01:53:23.500]   there is really only one available to us,
[01:53:23.500 --> 01:53:27.500]   and that's the statutory.
[01:53:27.500 --> 01:53:31.500]   Did that make sense, James, or did I misconstrue your question?
[01:53:32.500 --> 01:53:35.500]   It makes sense considering when a judge
[01:53:35.500 --> 01:53:39.500]   operates in violation of the statutory,
[01:53:39.500 --> 01:53:43.500]   can he be held accountable,
[01:53:43.500 --> 01:53:47.500]   and does his sovereign immunity go down,
[01:53:47.500 --> 01:53:51.500]   and then where does his bond apply at?
[01:53:51.500 --> 01:53:55.500]   When he acts outside scope,
[01:53:55.500 --> 01:53:59.500]   his bond does not--his bond applies.
[01:54:00.500 --> 01:54:03.500]   It's essentially a municipal insurance.
[01:54:03.500 --> 01:54:07.500]   It's a form of insurance. It's just a different form.
[01:54:07.500 --> 01:54:11.500]   And in that form, either he or the agency
[01:54:11.500 --> 01:54:15.500]   that authorizes him,
[01:54:15.500 --> 01:54:19.500]   or the agency under which he functions,
[01:54:19.500 --> 01:54:23.500]   puts up a bond that can then be drawn from
[01:54:23.500 --> 01:54:27.500]   to cover his litigation costs.
[01:54:28.500 --> 01:54:31.500]   So the best way to answer the question
[01:54:31.500 --> 01:54:35.500]   is when the judge acts
[01:54:35.500 --> 01:54:39.500]   without subject matter jurisdiction,
[01:54:39.500 --> 01:54:43.500]   and when a judge exerts or purports to exert
[01:54:43.500 --> 01:54:47.500]   an authority he does not expressly have.
[01:54:47.500 --> 01:54:51.500]   That's beyond scope. It's also a crime.
[01:54:51.500 --> 01:54:55.500]   But it's beyond the scope of his authority
[01:54:56.500 --> 01:54:59.500]   and then he doesn't have subject matter jurisdiction.
[01:54:59.500 --> 01:55:03.500]   If a petitioner petitions the court
[01:55:03.500 --> 01:55:07.500]   and the petitioner lacks
[01:55:07.500 --> 01:55:12.500]   agency standing or legal or contractual capacity,
[01:55:12.500 --> 01:55:16.500]   then he is unable to invoke
[01:55:16.500 --> 01:55:20.500]   the subject matter jurisdiction of the court
[01:55:20.500 --> 01:55:24.500]   and he puts the court at risk.
[01:55:25.500 --> 01:55:28.500]   You know, we had a guy
[01:55:28.500 --> 01:55:32.500]   with a credit card issue
[01:55:32.500 --> 01:55:36.500]   and the judge sent him a subpoena
[01:55:36.500 --> 01:55:40.500]   and there was a serious problem
[01:55:40.500 --> 01:55:44.500]   with subject matter jurisdiction.
[01:55:44.500 --> 01:55:48.500]   So I suggested that instead of filing a challenge
[01:55:48.500 --> 01:55:52.500]   to subject matter jurisdiction,
[01:55:53.500 --> 01:55:56.500]   we did that. The client went into court
[01:55:56.500 --> 01:56:00.500]   and the judge came in. This was Judge Evans in Austin.
[01:56:00.500 --> 01:56:04.500]   He came into court and the client said,
[01:56:04.500 --> 01:56:08.500]   "Your Honor, what are you doing here? You can't be here. I sued you."
[01:56:08.500 --> 01:56:12.500]   And the judge went and got the paperwork and he accused him
[01:56:12.500 --> 01:56:16.500]   of impersonating a public official by exerting or purporting
[01:56:16.500 --> 01:56:20.500]   to exert an authority he doesn't expressly have
[01:56:21.500 --> 01:56:24.500]   the authority to invoke subject matter jurisdiction in court.
[01:56:24.500 --> 01:56:28.500]   And the judge said, "Well, Mr. Edelman, it's not my place to determine the jurisdiction.
[01:56:28.500 --> 01:56:32.500]   It's yours." And the client was well-schooled.
[01:56:32.500 --> 01:56:36.500]   He said, "Well, Your Honor, before you send me that subpoena
[01:56:36.500 --> 01:56:40.500]   telling me all the horrible things you're going to do to me
[01:56:40.500 --> 01:56:44.500]   if I don't show up in your court,
[01:56:44.500 --> 01:56:48.500]   you need to make sure you have authority to do that."
[01:56:49.500 --> 01:56:52.500]   Oh my, oh my. So he got the county attorney
[01:56:52.500 --> 01:56:56.500]   to write his response.
[01:56:56.500 --> 01:57:00.500]   So what do you do?
[01:57:00.500 --> 01:57:04.500]   You sue the county attorney.
[01:57:04.500 --> 01:57:08.500]   We sued the judge in his personal capacity claiming he lacks subject matter jurisdiction.
[01:57:08.500 --> 01:57:12.500]   We sued the prosecuting attorney for misappropriation of public funds.
[01:57:12.500 --> 01:57:16.500]   The judge had to hire his own attorney.
[01:57:17.500 --> 01:57:20.500]   Well, the client didn't follow through, but that was the point.
[01:57:20.500 --> 01:57:24.500]   Subject matter jurisdiction is a big deal.
[01:57:24.500 --> 01:57:28.500]   Does that make sense, James?
[01:57:28.500 --> 01:57:32.500]   Yes, it does.
[01:57:32.500 --> 01:57:36.500]   Now, we're talking about subject matter jurisdiction.
[01:57:36.500 --> 01:57:40.500]   Let's go back and review the Mark in Wisconsin phone call.
[01:57:40.500 --> 01:57:44.500]   When the judge is sitting there going,
[01:57:45.500 --> 01:57:48.500]   "I don't care, there's a note,
[01:57:48.500 --> 01:57:52.500]   but you're looking at two separate contracts."
[01:57:52.500 --> 01:57:56.500]   And if the second contract is not a valid contract,
[01:57:56.500 --> 01:58:00.500]   as he crosses his subject matter jurisdiction and goes,
[01:58:00.500 --> 01:58:04.500]   "I don't care," and wants his liabilities.
[01:58:04.500 --> 01:58:08.500]   My favorite thing to do to the judge is ask the bait
[01:58:08.500 --> 01:58:12.500]   and drag him off the bench.
[01:58:13.500 --> 01:58:16.500]   I tell the judge the only issue before the court's agency
[01:58:16.500 --> 01:58:20.500]   standing capacity of the petitioner, and the judge says,
[01:58:20.500 --> 01:58:24.500]   "I don't care, you owe a debt, you're going to have to pay it."
[01:58:24.500 --> 01:58:28.500]   Then I ask the bailiff to drag him off that bench,
[01:58:28.500 --> 01:58:32.500]   throw him in jail where he belongs,
[01:58:32.500 --> 01:58:36.500]   and then we have an argument with the bailiff about whether to get rid of the judge.
[01:58:36.500 --> 01:58:40.500]   That is great fun if you've never done it, you've got to try it once.
[01:58:41.500 --> 01:58:44.500]   I'm going to ask the bailiff, Deborah Stevens will be back here on the other side,
[01:58:44.500 --> 01:58:48.500]   so give us a call, we'll be taking your calls all the time.
[01:58:48.500 --> 01:58:52.500]   The Bible remains the most popular book in the world,
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