ROL_2013-09-06_16k_Hr3-4.timecode

[00:00.000 --> 00:10.000]  You're listening to the Liberty Beat. Your daily source for Liberty news and activist updates.
[00:10.000 --> 00:15.000]  Online at TheLibertyBeat.com.
[00:15.000 --> 00:20.000]  Don Bush here with your Liberty Beat for Thursday, August 29, 2013.
[00:20.000 --> 00:29.000]  Gold open today at $1,409. Silver at $24.20 and Bitcoin is trading at $118.73.
[00:29.000 --> 00:32.000]  Support for The Liberty Beat comes from Brave New Books,
[00:32.000 --> 00:36.000]  Austin's only brick-and-mortar store carrying Tangerine 2.0.
[00:36.000 --> 00:38.000]  Online at BraveNewBookstore.com.
[00:38.000 --> 00:44.000]  And from the first annual Parents for Liberty Alternative Education Conference, October 12th on UT campus.
[00:44.000 --> 00:50.000]  Speakers include Dr. Lawrence Reed, Michael Strong, Dr. Mary Ruart, and John Bush.
[00:50.000 --> 00:53.000]  Information at parentsforliberty.org.
[00:53.000 --> 00:54.000]  And now the news.
[00:54.000 --> 01:02.000]  Despite President Obama's declaration on Wednesday that he was certain the Syrian government was responsible for the August 21st chemical attacks in Syria,
[01:02.000 --> 01:05.000]  intelligence officials are not as confident.
[01:05.000 --> 01:10.000]  The Office of the Director for National Intelligence released a report detailing gaps in the U.S. intelligence.
[01:10.000 --> 01:15.000]  Congressional committees are expected to be briefed on evidence by conference call on Thursday.
[01:15.000 --> 01:21.000]  So far, intelligence officials have not been able to locate the exact location of Assad's supposed chemical weapons supply.
[01:21.000 --> 01:28.000]  The United States is not the only official body having trouble finding hard evidence linking the Syrian government to the use of chemical weapons.
[01:28.000 --> 01:36.000]  Bashar Jafar, a Syrian ambassador to the United Nations, stated that the rebels used weapons that they were able to produce with the help of outside powers.
[01:36.000 --> 01:41.000]  The British Parliament will hold a vote Thursday on a motion that would eliminate the possibility of launching an attack
[01:41.000 --> 01:46.000]  until the U.N. weapons inspectors publish their findings to the U.N. Security Council.
[01:46.000 --> 01:53.000]  Liberty activist John Bush was found not guilty yesterday in his trial stemming from a 2010 arrest on UT campus
[01:53.000 --> 01:58.000]  after he refused to go to the free speech zone while President Barack Obama was in town.
[01:58.000 --> 02:05.000]  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
[02:05.000 --> 02:12.000]  after it became clear that the prosecution did not have any evidence showing that an order was actually given by UT police.
[02:12.000 --> 02:18.000]  The state of Texas made a fatal mistake when last year they reduced the charges from Class B misdemeanor criminal trespass
[02:18.000 --> 02:22.000]  to Class C misdemeanor willful failure to obey the lawful order of an officer.
[02:22.000 --> 02:27.000]  John refused three years worth of plea deals which led the state to reduce their charges.
[02:27.000 --> 02:32.000]  John believes he has been vindicated and is encouraging others, especially when there is minimal risk to one's freedom,
[02:32.000 --> 02:36.000]  to refuse to take the plea deal and stand on their convictions.
[02:36.000 --> 02:43.000]  Video of the trial will soon be available at TheLibertyBeat.com.
[02:43.000 --> 02:50.000]  On Wednesday a military jury sentenced a U.S. Army psychiatrist to death for the 2009 shootings at Fort Hood, Texas
[02:50.000 --> 02:53.000]  that killed 13 people and wounded 31 others.
[02:53.000 --> 03:17.000]  Major Nadal Hassan has stated that he committed the crimes in retaliation for the United States wars in the Muslim world.
[03:17.000 --> 03:38.000]  Okay, we are back.
[03:38.000 --> 03:49.000]  We're going to Kelton, Joe Esquivel. Deborah is in the building. She will be with us shortly. We're going back to James in Texas.
[03:49.000 --> 03:59.000]  Okay, James, where were we? We were talking about subject matter of jurisdiction and the judge.
[03:59.000 --> 04:08.000]  Okay, with subject matter of jurisdiction, if the judge did not have subject matter of jurisdiction, is it the court
[04:08.000 --> 04:19.000]  or is it the judge in his individual capacity that has violated due process of law and does that right to the level of a constitutional violation?
[04:19.000 --> 04:35.000]  Depends on what the judge actually does. If the judge exerts or purports to exert an authority he does not expressly have,
[04:35.000 --> 04:45.000]  that does not rise to the level of a constitutional violation unless he deprives you in due process.
[04:45.000 --> 04:56.000]  If he deprives you in due process, mostly it will be state unless the due process violation violates a federally protected right,
[04:56.000 --> 05:09.000]  like the judge orders you to answer a question, the answer to which can you be used against you after you've raised your Fifth Amendment challenge.
[05:09.000 --> 05:23.000]  Mostly it will be state. The way I weigh what a judge can do and can't do is it is an administrative duty of the judge,
[05:23.000 --> 05:33.000]  I'm sorry, not administrative, it is a ministerial duty of the judge to determine the facts in accordance with the rules of evidence,
[05:33.000 --> 05:45.000]  then apply the law as it comes to him to the facts in the case. If he moves beyond those two then he has exceeded his authority
[05:45.000 --> 05:56.000]  and I just absolutely love to go after judges. I was in court, speeding, I told the jury before we impaneled them,
[05:56.000 --> 06:05.000]  prosecutor's going to get up here and he's going to tell you this cop clocked me at 65 and a 55 out here on 35 and that's true he did.
[06:05.000 --> 06:13.000]  That's not why I'm here. I'm here because these guys are bigger criminals than I am and they have no power for it to prosecute this case.
[06:13.000 --> 06:23.000]  Objection, objection! So when we picked the jury, we picked the panel, everybody else stayed to watch.
[06:23.000 --> 06:33.000]  The lawyer questions the officer, he gets done, I asked the officer, when did you swear to your last oath of office? Objection.
[06:33.000 --> 06:40.000]  The judge said, sustained, your honor, I have a right to test the credibility of this witness.
[06:40.000 --> 06:48.000]  The judge said, Mr. Pelton, this witness is credible. And just how did this witness get credible?
[06:48.000 --> 06:58.000]  The judge said, this witness is credible because I say he's credible. Oh, Mr. Bailiff, did you hear that?
[06:58.000 --> 07:06.000]  Yes, Mr. Pelton, I did. Drag that judge down off that bench. You get off that bench, you're disqualified.
[07:06.000 --> 07:12.000]  And the judge jumps up, clear the jury, clear the jury. And while the jury's filing out,
[07:12.000 --> 07:21.000]  I'm arguing with the Bailiff on whether or not he's going to arrest the judge. And the judge sat there and kept his mouth shut.
[07:21.000 --> 07:27.000]  Did not say one word until I was, until the Bailiff absolutely refused.
[07:27.000 --> 07:33.000]  Then the judge spoke up, well, Mr. Pelton, you can't do that. Of course I could do that.
[07:33.000 --> 07:38.000]  You exceeded your authority and you denied me and my rights in this court.
[07:38.000 --> 07:46.000]  You need to get down off that bench and cause to be appointed a fair and honest jurist that I have a right to in the first instance.
[07:46.000 --> 07:53.000]  And we argued back and forth. I asked the Bailiff to pull him off the bench three times in that one hearing.
[07:53.000 --> 08:02.000]  Never once did he indicate anything about contempt of court.
[08:02.000 --> 08:10.000]  That goes to tampering with the witness instruction of justice. That's why he didn't say a word while I was talking to that Bailiff.
[08:10.000 --> 08:18.000]  I'm asking the Bailiff to arrest him. He better keep his mouth shut. And every time I've done that, they have.
[08:18.000 --> 08:22.000]  You've got to try it, James.
[08:22.000 --> 08:30.000]  But if I get a call from James from a jail, I'll say, James who?
[08:30.000 --> 08:35.000]  You better, and you better run like him.
[08:35.000 --> 08:48.000]  But that explains the position. We are the sovereigns. And that judge, he is not my master. I'm his master.
[08:48.000 --> 08:59.000]  And he's not ever to forget it. If I can ever catch a judge stepping outside the bounds of his authority, I am going straight after him.
[08:59.000 --> 09:08.000]  And it's great fun. We had a judge in Austin. He got appointed that day.
[09:08.000 --> 09:13.000]  The judge in front of him had retired, and they appointed this guy to take his place.
[09:13.000 --> 09:19.000]  First thing he heard was, my writahavius corpus. Another guy was presenting him. That was great fun.
[09:19.000 --> 09:23.000]  And then I went up to him, and I told him I had some documentation I'd like him to look at.
[09:23.000 --> 09:30.000]  He said, well, certainly. And I handed it to him. He looked at it, and he said, well, Mr. Kelton, these are criminal complaints.
[09:30.000 --> 09:38.000]  Complaints against a judge across the hall. I said, well, as a matter of fact, they are, Your Honor.
[09:38.000 --> 09:45.000]  He said, Mr. Kelton, do you realize this is my first day on the bench?
[09:45.000 --> 09:53.000]  I said, yes, Your Honor, I do. And I just wanted to welcome you to the deep end of the pool.
[09:53.000 --> 10:04.000]  And to the judge's credit, he saw the humor in that. But the point is, the judges are just public servants like everybody else.
[10:04.000 --> 10:13.000]  They've got the law that they have to follow. If that judge brings his personal opinion into the court,
[10:13.000 --> 10:18.000]  we are going to have ourselves a problem.
[10:18.000 --> 10:27.000]  So when a judge sits there and does not go by statutory law and decides to rule on his own personal volitions
[10:27.000 --> 10:39.000]  of how he sees it to be and to deprive the person of property, is there a bigger issue that the judge has raised for himself?
[10:39.000 --> 10:48.000]  That is a huge issue to judge his race for himself. That's official oppression. That's illegal conversion.
[10:48.000 --> 10:59.000]  Except conversion is not the crime. The crime, Steve, do you remember the statutes in the government code?
[10:59.000 --> 11:04.000]  Conversion used to be a crime. Now conversion is a cause of action.
[11:04.000 --> 11:15.000]  And there's a fraud statute that creates the criminal act for converting property. And that's what the judge is doing.
[11:15.000 --> 11:21.000]  If he takes your property and he does so beyond the scope of his authority, that's criminal.
[11:21.000 --> 11:26.000]  And the first place we need to go is criminal.
[11:26.000 --> 11:34.000]  You go to Craig Watkins with a criminal complaint against this judge, and Craig Watkins is going to refuse to act on that criminal complaint.
[11:34.000 --> 11:43.000]  At least you hope he does, because then you get to go to the attorney general with a complaint against Craig Watkins.
[11:43.000 --> 11:51.000]  And the attorney general refused to act. And you get to come back to the grand jury with criminal charges against both of them.
[11:51.000 --> 11:59.000]  Now who's going to interfere with you getting to the grand jury with criminal complaints against the both of them
[11:59.000 --> 12:05.000]  for not acting under Article 2.03 and presenting your complaint to the grand jury?
[12:05.000 --> 12:20.000]  The attorney general, after 2007, has concurrent jurisdiction in the matter of a criminal complaint against a public official, 39.015.
[12:20.000 --> 12:32.000]  He has never exercised it. And I've got a couple of cases where I'm hammering him for not performing his duty under 39.015.
[12:32.000 --> 12:38.000]  We get more of those. We have an attorney general who wants to run for governor.
[12:38.000 --> 12:46.000]  Let's put him in front of a grand jury and see if he can get his attention. Does that sound like fun, James?
[12:46.000 --> 12:52.000]  That sounds like a blast. And I tell you what, I'm going to let you go and take your other callers.
[12:52.000 --> 13:02.000]  Thank you, James. Okay, we are going to go to Chris in Florida.
[13:02.000 --> 13:11.000]  And we have Anuncio on our caller bridge. And in the next segment, we will go back to him on an issue.
[13:11.000 --> 13:16.000]  We've been waiting for Deborah to get here, and we're going to take that on on the other side of the break.
[13:16.000 --> 13:19.000]  Chris, what do you have for us?
[13:19.000 --> 13:21.000]  This is Randy, right?
[13:21.000 --> 13:23.000]  Yes, it is.
[13:23.000 --> 13:32.000]  Hey, Randy. My question is related to foreclosure. I see that the showman Mark called in before.
[13:32.000 --> 13:36.000]  My situation is not as bad as these guys are asking you guys.
[13:36.000 --> 13:44.000]  Wait a minute. Mark is a Yankee. You called him a gentleman.
[13:44.000 --> 13:46.000]  Oh, never mind. Okay.
[13:46.000 --> 13:53.000]  I live in Texas, though. He may think different of me.
[13:53.000 --> 13:56.000]  Hey, no free rides on this show.
[13:56.000 --> 14:00.000]  Okay. What is your foreclosure issue?
[14:00.000 --> 14:09.000]  All right. Here's the situation. I'm just getting started with my process of foreclosure, and I'm certainly not as advanced as some people.
[14:09.000 --> 14:22.000]  Okay. Hold on. Hold on. Does that mean you're just getting started addressing foreclosure issues or your foreclosure is just in the beginning stages?
[14:22.000 --> 14:35.000]  My foreclosure is in the beginning stages, and I myself am getting myself acquainted with all the procedures at this point.
[14:35.000 --> 14:46.000]  Okay. Listen to this show pretty regularly. This is what we do. On Wednesday night, we have a teleconference where we address foreclosure issues.
[14:46.000 --> 15:05.000]  And the first thing we will always ask you is what has been filed with the county clerk with the Registrar of Deeds concerning your property since you received the warranty deed.
[15:05.000 --> 15:09.000]  Do you have that information?
[15:09.000 --> 15:13.000]  The last one. Am I correct?
[15:13.000 --> 15:22.000]  No. Everything that has been filed in the county record concerning your property since you received a warranty deed on the property.
[15:22.000 --> 15:27.000]  Yes. I'm preparing all this for David at this point in time.
[15:27.000 --> 15:32.000]  Oh, okay. Good. Good. Okay. What is the question you have now?
[15:32.000 --> 15:44.000]  So it started with all this at this point in time, and I don't have as much knowledge as, let's say, some of you guys, based on the colors.
[15:44.000 --> 15:55.000]  Is there a way or would you have a better suggestion of me, let's say, getting a hold of other people who are either in my area and have more knowledge than I do?
[15:55.000 --> 16:16.000]  Or how could I approach other people like myself and, I don't know, maybe expose my information and put it in the air so somebody can get a hold of me and we could help each other and try to figure things out from the perspective of reality as it's happening to them at this point in time.
[16:16.000 --> 16:31.000]  Okay. Okay. Best thing is to call into our conference line. We have a lot of people on there. I have a number of people that I can refer you to, but the conference line is the best place for that.
[16:31.000 --> 16:48.000]  That's a conference, so there's no commercials. We go as long as we have questions and issues, and it's all strictly foreclosure. You will get a lot of good information there.
[16:48.000 --> 17:00.000]  Okay. We're about to go to break. This is Randy Kelton, Deborah Stevens, Root of Law Radio. I call a number, 512-646-1984. You will be right back.
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[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:11.000 --> 19:31.000]  Well, don't let nothing get to you. Only the father can't deliver you. Don't let bad-minded people hurt you. And just sit and get behind them. Know what I mean, my friend, Nala Jackson.
[19:31.000 --> 19:52.000]  Tell him your problems end. Call on his name once again. He will tell you none of your worries end. Trust in God, my friend. Tell him your problems end. Call on his name once again. He will tell you none of your worries end.
[19:52.000 --> 20:04.000]  He is my king, man. He is everything. He is everything to me. That's why I call him. I tap my knee and I pray to him. Because he is the only one who could answer me.
[20:04.000 --> 20:12.000]  Okay, we are back. Randy Kelton, Deborah Stevens, RuleOfLawRadio. And Chris, did that answer your question?
[20:12.000 --> 20:18.000]  Yes. Could you give me more information? How can I get a...
[20:18.000 --> 20:44.000]  David, he can give you all of that. The call-in number for the conference call, it is 760-569-7676. And the PIN number is 758885.
[20:44.000 --> 20:56.000]  Wednesday night, 8885. Pound. I'm sorry, I forgot the pound. And the call is 8 o'clock PM, Wednesday Central.
[20:56.000 --> 21:00.000]  Yes, on Wednesdays, right, Randy?
[21:00.000 --> 21:02.000]  Yes, on Wednesdays.
[21:02.000 --> 21:03.000]  I see.
[21:03.000 --> 21:07.000]  So call in. We've got lots of good information there.
[21:07.000 --> 21:11.000]  Yeah, I do have a call on Wednesday night.
[21:11.000 --> 21:21.000]  Okay, we'll bring you up to speed. We have a pretty straightforward method of the place to start and how to work through these issues.
[21:21.000 --> 21:27.000]  So we're not random and you're not floating around and getting little bits and pieces of information here, there and the other.
[21:27.000 --> 21:32.000]  We'll give you a pretty straightforward method for analyzing your situation and how to handle it.
[21:32.000 --> 21:44.000]  Okay, we have, we do need to move along. We have Deborah here. Thank you, Chris, and stay in touch. We're going to go to Deborah. Hello, Ms. Deborah.
[21:44.000 --> 21:47.000]  Hello, Randy. How are you?
[21:47.000 --> 21:53.000]  I am doing good. Joe has not beaten me into unconscious yet.
[21:53.000 --> 21:56.000]  Okay, you're having a good show?
[21:56.000 --> 21:58.000]  Yes, we are having a great show.
[21:58.000 --> 22:03.000]  Okay, great. Well, thanks for bringing me on and thanks to the callers who are patiently waiting.
[22:03.000 --> 22:17.000]  I wanted to follow up, I wanted to participate in the discussion following up with our guest last night, Mr. Inimencio Alaniz, who is still on the line right now, listening and taking this all in.
[22:17.000 --> 22:37.000]  I wanted to touch on something that we started to discuss towards the end of the show, a question that we weren't quite able to answer concerning what laws govern the release of police reports and other police records having to do with the arrest of somebody.
[22:37.000 --> 22:49.000]  And we started to discuss, Randy, you were saying something about possibly court records falls under, you know, the fact that all courts are public and their court records. Okay, well, that's not exactly true.
[22:49.000 --> 23:09.000]  All right. I looked up regarding public information. This is under government code, Chapter 552. And well, for one thing, and I talked to Eddie about this also last night, and Eddie's on the line too. He's going to come in in just a moment after I talk about this government code.
[23:09.000 --> 23:28.000]  And he's saying that police reports are not necessarily part of the court record. In fact, most of the time, they're probably not unless one of the parties specifically request that the police report be entered into evidence, either at the examining trial or at the trial, the evidentiary hearing.
[23:28.000 --> 23:54.000]  Most of the time, it's just the police officer's testimony on the witness stamp. And so it's not necessarily ever even going to be entered into the court record. But however, what we were able to determine is that under the Texas government code, Chapter 552, it falls all these police records that have to do with an arrested person,
[23:54.000 --> 24:04.000]  arrested human being falls under this public information. And so I want to just go over a little bit of this code here so we can understand what's happening.
[24:04.000 --> 24:20.000]  First, let's just briefly go over some of these definitions. All right. What is the definition of public information? All right. And it says here, 552.002, definition of public information, media containing public information.
[24:20.000 --> 24:33.000]  A, in this chapter, public information, quote unquote, means information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business.
[24:33.000 --> 24:52.000]  Colon, one, by a governmental body, or two, for a governmental body and the governmental body owns the information or has a right of access to it. And then paragraph B lists all these different media that public information, it can include paper, film.
[24:52.000 --> 25:03.000]  I'm not going to go over all of this. All right. Continuing on with the definitions, governmental body. Okay. This is kind of important. This is 552.003.
[25:03.000 --> 25:26.000]  One, a governmental body means, I, a board, commission, department, committee, institution, agency, or office that is within or is created by the executive or legislative branch of state government and that is directed by one or more elected or appointed members.
[25:26.000 --> 25:49.000]  All right. Now, this is a little bit of a tangent, which Eddie will address in a moment. Right here already, we have a bit of a problem with the Austin Police Department because Eddie has informed me from my understanding, if I understand him correctly from what he told me last night, the Austin City Charter never established the police department.
[25:49.000 --> 26:05.000]  So if that's true, that means it's strictly a commercial enforcement. It's strictly a private commercial enforcement agency that has nothing to do with government. But that's a side issue. We'll go over that later.
[26:05.000 --> 26:23.000]  At any rate, just for the time being, let's put that little minor issue aside if you want to call it a minor issue and assume for a moment that the Austin Police Department is indeed a department or an agency that is within the state of Texas.
[26:23.000 --> 26:47.000]  Okay. So let's continue on. 552.021. This goes to, all right, hold on, let me scroll down. This goes to availability of public information. Public information is available to the public at a minimum during the normal business hours of the governmental body.
[26:47.000 --> 26:59.000]  All right. That means any information that is designated as, quote, unquote, public information, you don't have to wait 10 days for it if it's part of their standard procedure.
[26:59.000 --> 27:08.000]  You should be able to just walk in at any time during normal business hours and say, I want to see this right now. Now, you may have to wait a little while. You may have to wait an hour or two.
[27:08.000 --> 27:21.000]  But they have to immediately start taking steps to retrieve it. They don't just necessarily get 10 days to give it to you and don't necessarily have to ask for it in writing either.
[27:21.000 --> 27:33.000]  And you certainly don't have to tell them who you are. Okay. This isn't like a FOIA, which is federal. Okay. People get FOIA and open records and public information confused.
[27:33.000 --> 27:40.000]  Okay. It's not just all one big thing. FOIA is federal and yet typically you have to give requester information, who the requester is, et cetera.
[27:40.000 --> 27:46.000]  You don't necessarily have to do that with public information here at the state level. Okay. So this is public information.
[27:46.000 --> 28:12.000]  Wait, hold on. Hold on. Let me step in. I feel like I need to. There is a section in 552 that says that the only request the agency or the custodian can make of the requester is to determine his identity and the record sought.
[28:12.000 --> 28:22.000]  Okay. Well, I would, I'd like to see what the case law is on that. And if that applies specifically to certain agencies, because.
[28:22.000 --> 28:29.000]  That's in 552 government. That's in 552 government code. And you're right about the case law issue.
[28:29.000 --> 28:43.000]  Okay. Cause it's my understanding from. But it is in the code. From my research that it's not always the case that they can demand who you are to know who you are in order to give you the public information.
[28:43.000 --> 28:54.000]  For sure, especially I know for court records, they can't ask who you are. They can't ask who you are. That's a good question. The next time they ask me who I am, I'm going to tell them none of your business.
[28:54.000 --> 29:01.000]  Yeah, we need to study that. We need to really study that carefully because I've done some research on that already.
[29:01.000 --> 29:09.000]  And it's my understanding that, I mean, if that's in the color, we need to study carefully. What if there's specific applications to that?
[29:09.000 --> 29:19.000]  Okay, because I have pressed that I have pressed that point with government agencies before them wanting to know who I am in order as a requirement for to give me records.
[29:19.000 --> 29:27.000]  And I tell them, I don't have to tell you. You're a public servant. This is public information. You have to give it to me. I don't have to tell you who I am.
[29:27.000 --> 29:34.000]  And if you insist on demanding to know who I am, I'm going to sue you. And then they'll give it to me.
[29:34.000 --> 29:42.000]  All right. Anyways, we're about to go to break. I want to finish going over, get back to the issue of the police, the police report.
[29:42.000 --> 29:52.000]  All right. This is the rule of law, Randy Kelton, Deborah Stevens, and Eddie Craig. We're all in the same time and we will be right back.
[29:52.000 --> 30:08.000]  Having trouble breathing? You might want to reach for a bitter tasting substance like grapefruit peel and take a big whiff.
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[30:15.000 --> 30:25.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.000 --> 30:30.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
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[30:56.000 --> 31:06.000]  Apparently, the bitter taste receptors we have in our tongues are also present in our lungs. If something tastes bitter in your mouth, the receptors in your lungs will pick up the bitter scent molecules too.
[31:06.000 --> 31:16.000]  The lungs react by opening up the airways. Scientists are experimenting with aerosols made of bitter substances like quinine, the ingredient that gives tonic water its bite.
[31:16.000 --> 31:22.000]  They believe this could help bring relief to millions of people suffering with bronchitis, emphysema, and asthma.
[31:22.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:43.000]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.000 --> 31:46.000]  Over 6,000 of my fellow service members have given their lives.
[31:46.000 --> 31:48.000]  Thousands of my fellow first responders are dying.
[31:48.000 --> 31:50.000]  I'm not a conspiracy theorist.
[31:50.000 --> 31:52.000]  I'm not a structural engineer.
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[31:56.000 --> 31:58.000]  We're Americans, and we deserve the truth.
[31:58.000 --> 32:01.000]  Go to RememberBuilding7.org today.
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[33:01.000 --> 33:14.000]  Live free speech radio, logosradionetwork.com.
[33:31.000 --> 33:41.000]  I want what I want
[33:41.000 --> 33:49.000]  I won't let you pull the wool over my eyes
[33:49.000 --> 33:57.000]  I only must refuse your nose, also coming live
[33:57.000 --> 34:05.000]  It seems you like to spit, but please take some words to the wise
[34:05.000 --> 34:14.000]  Please stop trying to pull the wool over my eyes
[34:14.000 --> 34:16.000]  Okay, folks, we are back.
[34:16.000 --> 34:22.000]  All right, we're talking about public information, access to public information.
[34:22.000 --> 34:25.000]  We're going to discuss this a little bit later.
[34:25.000 --> 34:35.000]  I didn't want to get too hung up on this point concerning having to show an ID or tell the custodian of the records who you are.
[34:35.000 --> 34:47.000]  I haven't found yet what Randy's talking about in this section of the government code that says that the custodian of the records is allowed to even ask you for identification.
[34:47.000 --> 34:56.000]  But apparently the consensus is if they want to ask, they can ask, I guess in some cases, but you don't have to give it.
[34:56.000 --> 35:00.000]  I know for sure that in most cases you don't have to give it.
[35:00.000 --> 35:02.000]  We're discussing the case law on the break.
[35:02.000 --> 35:10.000]  This seems to be a little bit of a gray area, but I know for sure when it comes to certain governmental agencies,
[35:10.000 --> 35:19.000]  you do not have to tell them who you are in order for them to give you what's considered public information.
[35:19.000 --> 35:33.000]  Now, if it's something, and that goes to issue, that goes to information, records that are considered a matter of course that are readily available like court records.
[35:33.000 --> 35:43.000]  That's not something special that they need to do research on and mail to you within 10 days.
[35:43.000 --> 35:47.000]  They have to have those records at their hand all the time.
[35:47.000 --> 35:49.000]  They have to turn them over immediately.
[35:49.000 --> 35:51.000]  They don't need to know who you are.
[35:51.000 --> 35:59.000]  I will not accept court clerks trying to demand to know who I am in order to give me court records.
[35:59.000 --> 36:04.000]  And there's other agencies that it's the same thing that applies.
[36:04.000 --> 36:09.000]  Now, obviously if it's some kind of special information that they have to research and mail to you,
[36:09.000 --> 36:14.000]  well then you've got to give them some kind of information or else they can't mail it to you.
[36:14.000 --> 36:16.000]  But I didn't want to get too hung up on that.
[36:16.000 --> 36:19.000]  I just want to chime in a second.
[36:19.000 --> 36:21.000]  I didn't bring that up because I didn't want to distract.
[36:21.000 --> 36:24.000]  It's just that we pick our battles.
[36:24.000 --> 36:25.000]  Yeah, and I do.
[36:25.000 --> 36:27.000]  Yes, exactly.
[36:27.000 --> 36:35.000]  And when I'm going to get records either for myself in some cases or for other people,
[36:35.000 --> 36:40.000]  you better believe that is a line that I draw very seriously.
[36:40.000 --> 36:45.000]  They don't need to know who I am because I have a right to the information.
[36:45.000 --> 36:46.000]  I'm not going to make it.
[36:46.000 --> 36:55.000]  And I don't necessarily want these public serpents knowing that I am trying to help somebody else.
[36:55.000 --> 36:56.000]  Okay?
[36:56.000 --> 37:02.000]  And so that's why it's very important to me to protect my identity if I'm going to obtain records
[37:02.000 --> 37:08.000]  to help somebody else because I don't necessarily want them knowing that I have a connection.
[37:08.000 --> 37:09.000]  All right?
[37:09.000 --> 37:11.000]  So it's a very important issue.
[37:11.000 --> 37:17.000]  All right, now if you're going to get records for yourself, then it may not be that big of a deal.
[37:17.000 --> 37:23.000]  But I'm not an attorney and there's nothing illegal about me going to access information
[37:23.000 --> 37:26.000]  on other people's cases for me to help other people.
[37:26.000 --> 37:33.000]  But I don't necessarily want these public serpents knowing who I am and that I'm involved in so-and-so's case.
[37:33.000 --> 37:37.000]  And so that's why I seriously draw the line at that issue.
[37:37.000 --> 37:40.000]  All right, now other people, it's up to you.
[37:40.000 --> 37:46.000]  Like Randy says, pick your battles, but that's an important one to me in many cases.
[37:46.000 --> 37:47.000]  All right, I didn't want to get too caught up on this.
[37:47.000 --> 37:49.000]  I want to get back to the point.
[37:49.000 --> 37:53.000]  We can discuss the case law surrounding this and when they can,
[37:53.000 --> 37:58.000]  when it's appropriate for you to give your identification and when it's not, we can discuss that later.
[37:58.000 --> 38:05.000]  At any rate, back to the issue of getting the police report because that's how all this started for NMNCO.
[38:05.000 --> 38:12.000]  Okay, again, assuming for the time being that the APD is a legitimate government body in the state of Texas,
[38:12.000 --> 38:18.000]  which as it turns out it's actually not, but assuming for the moment for the sake of discussion that it is,
[38:18.000 --> 38:25.000]  we're going to jump now down to Section 552.108 under exceptions.
[38:25.000 --> 38:30.000]  It says certain law enforcement correction and prosecutorial information.
[38:30.000 --> 38:37.000]  Information held by a law enforcement agency or prosecutor that deals with the detection, investigation,
[38:37.000 --> 38:47.000]  or prosecution of crime is accepted from the requirements of Section 552.021 if,
[38:47.000 --> 38:53.000]  and I'm just going to skip to this paragraph too because at first it would seem like this would be a problem.
[38:53.000 --> 38:57.000]  It says it is the information that deals with the detection, investigation,
[38:57.000 --> 39:05.000]  or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication.
[39:05.000 --> 39:11.000]  Well, I'm glad it doesn't stop there because that paragraph could be a big problem for us.
[39:11.000 --> 39:18.000]  If it just stopped right there, that would mean that, well, as long as they didn't get a conviction or deferred adjudication,
[39:18.000 --> 39:22.000]  they don't have to give you any information about what happened.
[39:22.000 --> 39:34.000]  But thankfully we have paragraph C that says this section does not accept from the requirements of Section 552.021
[39:34.000 --> 39:42.000]  information that is basic information about an arrested person, an arrest, or a crime.
[39:42.000 --> 39:46.000]  There you go. It's right there in black and white. It's very simple.
[39:46.000 --> 39:57.000]  They cannot exempt themselves from giving anyone basic information about an arrested person, an arrest, or a crime, period.
[39:57.000 --> 40:02.000]  All right, so this business about the APD saying, oh, it's a restricted police report.
[40:02.000 --> 40:09.000]  I'm sorry, there's no such thing. Okay, there is no such thing as a restricted police report.
[40:09.000 --> 40:18.000]  That is basic information about an arrested person, about an arrest in this particular situation with Mr. Alanis.
[40:18.000 --> 40:20.000]  All right, and I'm fixing to-
[40:20.000 --> 40:23.000]  Well, it's also basic information about a crime, Deborah.
[40:23.000 --> 40:26.000]  Yes, yes. He had the crime committed by the police.
[40:26.000 --> 40:27.000]  What?
[40:27.000 --> 40:33.000]  Okay, and so, you know, I want to bring Eddie in to further explain here in a moment.
[40:33.000 --> 40:43.000]  But what Eddie was telling me about basic information concerning an arrest is things like a police report, a CAD report, okay,
[40:43.000 --> 40:56.000]  any documentation, any paperwork that the police normally have to fill out as a matter of standard procedure whenever somebody is arrested and booked.
[40:56.000 --> 41:05.000]  That is considered basic information that they have to give you under this public information government code.
[41:05.000 --> 41:10.000]  And I would push it so far as to say, I'm not going to tell them who I am either.
[41:10.000 --> 41:22.000]  You have to give it to me, period, because this is basic information, and it's also information that has to be available during normal business hours.
[41:22.000 --> 41:30.000]  Now, it's not-this kind of information is not information that is special, that has to be researched and mailed to me.
[41:30.000 --> 41:35.000]  So, again, if I was helping somebody else, I would push the issue.
[41:35.000 --> 41:39.000]  I would say, no, you're going to give it to me, and I'm not going to tell you who I am.
[41:39.000 --> 41:43.000]  And if you don't give it to me, you're going to get sued, all right?
[41:43.000 --> 41:45.000]  And that's where I draw the line.
[41:45.000 --> 41:47.000]  If other people have different lines, that's their deal.
[41:47.000 --> 41:57.000]  Now, if you're asking for special information, like the videotape, all the videotapes, all the video of all the interaction between all the jailers
[41:57.000 --> 42:04.000]  and the police officers and Mr. Alaniz while he was incarcerated, okay, that's considered special information.
[42:04.000 --> 42:09.000]  And, yeah, they may have to use the 10 days to research that and get that back to you.
[42:09.000 --> 42:13.000]  You'll probably have to tell them who you are for asking for information like that.
[42:13.000 --> 42:23.000]  But the bottom line is these are the kind of documents and documentation that Mr. Alaniz needs to be demanding from APD.
[42:23.000 --> 42:32.000]  The CAD report, the police report, all the police reports, all the reports that were generated during the arrest and booking procedure,
[42:32.000 --> 42:34.000]  and that falls under basic information.
[42:34.000 --> 42:42.000]  He also needs to be asking for all the videotape, all the video, all the audio recordings at the time of the arrest, at the time of the incident,
[42:42.000 --> 42:47.000]  all the video of everything that happened inside the jail with him.
[42:47.000 --> 42:55.000]  And I've looked at Eddie's public information request, and it's forms that he's got or documents that he's put together.
[42:55.000 --> 43:02.000]  It's very extensive, and I think we need to hit the APD with all of it, especially, I mean,
[43:02.000 --> 43:14.000]  the CAD report should contain the names of all the officers that interacted with Mr. Alaniz during the booking and incarceration proceedings.
[43:14.000 --> 43:15.000]  All right.
[43:15.000 --> 43:17.000]  And so that should already be there.
[43:17.000 --> 43:27.000]  But I think especially he needs to be asking for the name of that officer that pointed to the piece of paper that said, here, here's the judge's signature.
[43:27.000 --> 43:32.000]  This is where the judge signed to release you, and that guy wouldn't give him the document.
[43:32.000 --> 43:33.000]  Okay.
[43:33.000 --> 43:38.000]  I want the video of that, too, especially.
[43:38.000 --> 43:39.000]  All right.
[43:39.000 --> 43:41.000]  We're about to go to break.
[43:41.000 --> 43:45.000]  We will be, Eddie, did you want to say something real quick before we go into break?
[43:45.000 --> 43:47.000]  No, I'll catch it on the other side.
[43:47.000 --> 43:48.000]  Okay.
[43:48.000 --> 43:49.000]  All right.
[43:49.000 --> 43:50.000]  We'll be right back, folks.
[43:50.000 --> 43:52.000]  But we're breaking it down here.
[43:52.000 --> 43:57.000]  We have a right to this information so that we can protect ourselves.
[43:57.000 --> 44:02.000]  This is the rule of law.
[44:02.000 --> 44:03.000]  Hello.
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[46:14.000 --> 46:24.000]  Whoa, whoa, yeah.
[46:24.000 --> 46:30.000]  Always, I must be careful what I'm wishing for.
[46:30.000 --> 46:35.000]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.000 --> 46:41.000]  I ain't asking for much, I ain't trying to be no glutton.
[46:41.000 --> 46:47.000]  I'm just here making my living pushing buttons.
[46:47.000 --> 46:51.000]  I get my message out to anyone in the shop.
[46:51.000 --> 46:52.000]  Okay, we are back.
[46:52.000 --> 46:57.000]  This is the rule of law, Randy Kelton, Eddie Craig, and Deborah Stevens.
[46:57.000 --> 46:58.000]  And Joe Esquivel.
[46:58.000 --> 47:01.000]  And Joe Esquivel, that's right.
[47:01.000 --> 47:10.000]  All right, so we're discussing public information, obtaining public information, how to do it, what the laws are governing it,
[47:10.000 --> 47:12.000]  and what basic information is.
[47:12.000 --> 47:20.000]  And there is a lot of information held by these governmental bodies that they have to keep on hand all the time.
[47:20.000 --> 47:27.000]  And it has to be available to us during normal business hours upon demand.
[47:27.000 --> 47:31.000]  All right, not all public records, they don't get 10 days.
[47:31.000 --> 47:38.000]  All right, that's only for special research situations that we will explain in detail further.
[47:38.000 --> 47:42.000]  Now, Eddie wanted to talk about the CAD report.
[47:42.000 --> 47:44.000]  Let me touch that real quick.
[47:44.000 --> 47:45.000]  Go ahead, Randy.
[47:45.000 --> 47:54.000]  The only time they can withhold the information is for the purpose of requesting an opinion from the Attorney General.
[47:54.000 --> 48:03.000]  And the only time they can do that is when there are no preexisting determinations.
[48:03.000 --> 48:05.000]  I'm going to ask Ms. Dorian to stick into it.
[48:05.000 --> 48:06.000]  All right, so there you go.
[48:06.000 --> 48:16.000]  Yeah, and in some cases, they may even have to get a specific determination, even if it shows it's exempted.
[48:16.000 --> 48:26.000]  All right, but definitely information, especially basic information about an arrested person or an arrest or a crime, they cannot withhold that.
[48:26.000 --> 48:27.000]  Period.
[48:27.000 --> 48:28.000]  Correct.
[48:28.000 --> 48:29.000]  End of story.
[48:29.000 --> 48:31.000]  There's no such thing as a restricted police report.
[48:31.000 --> 48:32.000]  These people need to get sued.
[48:32.000 --> 48:34.000]  They need to get drug in front of a grand jury.
[48:34.000 --> 48:36.000]  Okay, go ahead, Eddie.
[48:36.000 --> 48:38.000]  You want to talk some more about this CAD report.
[48:38.000 --> 48:44.000]  We need to find out the names of everybody that had any interaction with Inimencio whatsoever.
[48:44.000 --> 48:47.000]  It sounds like some of it will be in the CAD report.
[48:47.000 --> 48:49.000]  Some of it may not be in the CAD report.
[48:49.000 --> 49:01.000]  Especially, I want to know the name of the officer, the jailer, whoever it was that released Inimencio and pointed his hand on the piece of paper and said,
[49:01.000 --> 49:04.000]  see this, this is the judge's signature.
[49:04.000 --> 49:13.000]  He said you can go, and they would not give him a copy of the paper at the time, and we don't know who it is or anything.
[49:13.000 --> 49:27.000]  We need to know who that officer is because he's in deep doo-doo because he is in possession or was at least at the time in possession of a court document to the exclusion of a court, okay, because there is no court case.
[49:27.000 --> 49:30.000]  There's nothing on record that we can find as of this point in time.
[49:30.000 --> 49:31.000]  All right, Eddie, go ahead.
[49:31.000 --> 49:33.000]  You're going to talk about the CAD report.
[49:33.000 --> 49:37.000]  Okay, well, in relation to the CAD report, there may be more than one.
[49:37.000 --> 49:45.000]  It depends upon how an officer is dispatched to the scene of an event as to whether or not the CAD report will contain information about it.
[49:45.000 --> 49:56.000]  When the dispatcher is the one that sends them to the incident scene, then they will all be listed on the same CAD report for each officer that is directly dispatched to the scene.
[49:56.000 --> 50:05.000]  If an officer responds because he is in the vicinity or because of a request for assistance from the on-site officer, he does not go through dispatch.
[50:05.000 --> 50:06.000]  He just responds.
[50:06.000 --> 50:17.000]  However, he has to report that he is responding to dispatch, who may put him on the same CAD report or may generate a separate CAD report.
[50:17.000 --> 50:21.000]  So what you have to do is you have to get what's known as an incident number.
[50:21.000 --> 50:29.000]  That incident number should be the same thing that goes across all of the CAD reports and thus makes them linkable.
[50:29.000 --> 50:39.000]  So you would ask for all CAD reports relative to this incident number?
[50:39.000 --> 50:49.000]  That's correct, or to any other officer that arrived on scene or any way associated with that incident number.
[50:49.000 --> 51:02.000]  But going to the officer that did this waving of the paperwork and stuff like that, one, is this the officer that took him down to the jail?
[51:02.000 --> 51:07.000]  If it is, then he will be entered into the log at the jail as the arresting officer.
[51:07.000 --> 51:16.000]  Was that the same officer, the one who pointed to the paper?
[51:16.000 --> 51:23.000]  No, the officer that pointed to the paper was the facility staff there at Booking.
[51:23.000 --> 51:34.000]  The officer that had took me down who had arrested me, he had just booked me into the – I gave him my paperwork and then he had left.
[51:34.000 --> 51:41.000]  But that was after five and a half hours later, after they did shift change and everything inside the facility,
[51:41.000 --> 51:48.000]  is when one officer came up to me and he pointed at the judge's name.
[51:48.000 --> 51:51.000]  Do you know who it was? Did he have a badge on it?
[51:51.000 --> 52:02.000]  He had a badge on it, but right before I had asked him, like you had also said, it's all in video and sure it should be audio, but I had asked him.
[52:02.000 --> 52:05.000]  I said, so that's it, no paperwork? There's nothing I could do about this or anything?
[52:05.000 --> 52:07.000]  He said, no, you're free. And that was it.
[52:07.000 --> 52:11.000]  That was the end of the line for me. Basically, he was telling me, no, there's nothing else I could do for you.
[52:11.000 --> 52:14.000]  Okay. All right. Thank you. All right. Go ahead, Eddie.
[52:14.000 --> 52:16.000]  Eddie, there's a lot of background. There's a lot of background.
[52:16.000 --> 52:19.000]  It sounds like some of the people talking in the background or something.
[52:19.000 --> 52:21.000]  Yeah. Yeah, we're actually out of the restaurant.
[52:21.000 --> 52:24.000]  Would you like to go outside and get a little water? I can't see it though.
[52:24.000 --> 52:35.000]  But anyway, in the case of this, what you can do is on a PIR, and you will need to use a PIR, you have to specifically request the duty roster for the jail.
[52:35.000 --> 52:40.000]  You want a list of all personnel that were on duty for any reason.
[52:40.000 --> 52:47.000]  You want to know what their job title is and what their level of responsibility within the jail is while they're on duty.
[52:47.000 --> 52:52.000]  Are they a supervisor? Are they the chief jailer? What's their job?
[52:52.000 --> 53:01.000]  This is what you want to know because ultimately you have to know who is the person that was responsible for anything that went on there.
[53:01.000 --> 53:06.000]  So shift supervisor, something like that, you need to know.
[53:06.000 --> 53:12.000]  And you said the PIR, right? And how would I go about getting that information?
[53:12.000 --> 53:16.000]  Deborah's got copies of all the various PIRs that I've used to get information.
[53:16.000 --> 53:21.000]  You just pick the one that's got the most stuff that you already need and just edit it.
[53:21.000 --> 53:24.000]  So you can probably send an email to Deborah and she can send you what she needs.
[53:24.000 --> 53:26.000]  Yeah, I'm going to help get you that in a minute.
[53:26.000 --> 53:27.000]  All right.
[53:27.000 --> 53:35.000]  Okay, yes. Send me an email and I'll get you these PIR documents that Eddie has.
[53:35.000 --> 53:39.000]  Yes, ma'am. Thank you.
[53:39.000 --> 53:47.000]  But what you do is you want to make sure that you request anything and everything from every body that was even remotely related to this.
[53:47.000 --> 53:56.000]  The PIRs that I've done, they relate to getting audio and video recordings, personal body microphone recordings, any personal video cameras,
[53:56.000 --> 54:01.000]  any video and audio from the jail. I mean, it covers everything.
[54:01.000 --> 54:04.000]  And I need everything. That's what I've been needing.
[54:04.000 --> 54:08.000]  We want everything inside, outside, before and after.
[54:08.000 --> 54:13.000]  Yes, ma'am.
[54:13.000 --> 54:16.000]  Yeah, it is ridiculous what you're doing.
[54:16.000 --> 54:22.000]  Now, things that are specifically exempted that would help when you go after these officers and things you're going to have a much harder time getting a hold of
[54:22.000 --> 54:32.000]  without an actual suit is going to be any training records, certifications, and things like that these individual officers that were on scene may have.
[54:32.000 --> 54:38.000]  Those are part of what's actually protected from the general public that are exempted under the PIR.
[54:38.000 --> 54:44.000]  But you can get them through court order discovery if you've got a lawsuit pending.
[54:44.000 --> 54:46.000]  Court order discovery?
[54:46.000 --> 54:47.000]  Yes.
[54:47.000 --> 54:49.000]  With a lawsuit?
[54:49.000 --> 54:58.000]  Yes. When you file a lawsuit, you'll file a motion of discovery with the court asking the court to issue an order requiring the release of the information.
[54:58.000 --> 55:00.000]  Yes, sir.
[55:00.000 --> 55:04.000]  Then the first thing that's going to happen is if it's going to get them hurt,
[55:04.000 --> 55:11.000]  then their attorneys are going to jump on it and start screaming bloody murder about this is exempted, you can't have it.
[55:11.000 --> 55:16.000]  And then you're going to have a big court battle over just getting the stuff that you're asking for.
[55:16.000 --> 55:21.000]  But it's all part of a game they play the way the system is set up.
[55:21.000 --> 55:23.000]  It's going to be a long ride.
[55:23.000 --> 55:25.000]  Yes, it will be that.
[55:25.000 --> 55:31.000]  You have to tough it out and you have to not quit.
[55:31.000 --> 55:37.000]  We have some tools to help you with that because most of these lawyers are municipal lawyers.
[55:37.000 --> 55:42.000]  They're the chumps that thought they were the mascot for the beer companies in law school.
[55:42.000 --> 55:47.000]  They couldn't make it as a lawyer, so they went to work for the city for chump champs.
[55:47.000 --> 55:50.000]  Now, the first thing you do is bar-grieve them.
[55:50.000 --> 55:53.000]  Every time they move, you bar-grieve them.
[55:53.000 --> 56:00.000]  And you'll wind up driving them all crazy.
[56:00.000 --> 56:04.000]  You won't have too much fun with this.
[56:04.000 --> 56:08.000]  With your help and Deborah's and everybody else's, yeah, it'll be a lot of fun.
[56:08.000 --> 56:12.000]  Like I said, I didn't know anything how to go about, but now I do.
[56:12.000 --> 56:21.000]  It sounds like Mike is going to help.
[56:21.000 --> 56:33.000]  He said that he has access to a certain resource center that can help with getting an attorney for the lawsuit side of things.
[56:33.000 --> 56:46.000]  But we can certainly help with this information request and also with the criminal side of things, which is actually Randy's specialty.
[56:46.000 --> 56:48.000]  Yes, ma'am.
[56:48.000 --> 56:53.000]  And like I said, I already knew as soon as I was the person on my porch,
[56:53.000 --> 56:58.000]  I already had felt that there was a lot of wrongdoing as soon as the first officer had ran to my door.
[56:58.000 --> 57:06.000]  And I already had knew, you know, I mean, it's crazy.
[57:06.000 --> 57:13.000]  Somebody needs to take, you know, have some consequences or something because, I mean, out of all them officers there,
[57:13.000 --> 57:19.000]  like every officer should have been able to tell them, you know, hey, you know, stop or you're in the wrong or something.
[57:19.000 --> 57:25.000]  And none of the other officers, the first responding officer, second responding officer said anything to that cop.
[57:25.000 --> 57:30.000]  And it makes me think that, you know, them cops should also be held accountable for that, you know,
[57:30.000 --> 57:38.000]  for letting another officer who they call for help do that to somebody else, you know, who they weren't responding to.
[57:38.000 --> 57:48.000]  And I don't know, I just need a lot more information also, which is crazy.
[57:48.000 --> 57:49.000]  All right.
[57:49.000 --> 57:53.000]  Anything else, Eddie?
[57:53.000 --> 57:57.000]  Not unless or something else you're going to go on into with the open records there.
[57:57.000 --> 57:58.000]  No.
[57:58.000 --> 58:04.000]  I think Randy wanted to talk to you about some other stuff regarding the due process stuff.
[58:04.000 --> 58:09.000]  Randy, did you have something you wanted to go into with Eddie on the other side?
[58:09.000 --> 58:10.000]  Yeah.
[58:10.000 --> 58:22.000]  I'll pick this up on the other side and give him some comments on what he should do in terms of keeping track of the criminal charges that we will have against him.
[58:22.000 --> 58:25.000]  Okay, wonderful.
[58:25.000 --> 58:26.000]  Okay.
[58:25.000 --> 58:26.000]  All right.
[58:26.000 --> 58:33.000]  Folks, we'll be back on the other side with Eddie and Randy and Joe Esquivel and Mr. NMNCO Alanis.
[58:33.000 --> 58:36.000]  And we will also be taking more of your calls in this final hour.
[58:36.000 --> 58:38.000]  This is the rule of law.
[58:38.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:24.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.000 --> 59:28.000]  growing in Christ and how to build up the church.
[59:28.000 --> 59:34.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:34.000 --> 59:41.000]  call Bibles for America toll free at 888-551-0102.
[59:41.000 --> 59:45.000]  That's 888-551-0102.
[59:45.000 --> 59:52.000]  Or visit us online at bfa.org.
[59:52.000 --> 01:00:03.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.000 --> 01:00:15.000]  You're listening to The Liberty Beat, your daily source for Liberty News and activist updates, online at TheLibertyBeat.com.
[01:00:15.000 --> 01:00:20.000]  John Bush here with Your Liberty Beat for Thursday, August 29th, 2013.
[01:00:20.000 --> 01:00:29.000]  Bold open today at $1,409, silver at $24.20, and bitcoin is trading at $118.73.
[01:00:29.000 --> 01:00:34.000]  Support for The Liberty Beat comes from Brave New Books, Austin's only brick-and-mortar store,
[01:00:34.000 --> 01:00:36.000]  carrying Tangerine 2.0.
[01:00:36.000 --> 01:00:38.000]  Online at BraveNewBookstore.com.
[01:00:38.000 --> 01:00:44.000]  And from the first annual Parents for Liberty Alternative Education Conference, October 12th on UT campus.
[01:00:44.000 --> 01:00:49.000]  Speakers include Dr. Lawrence Reed, Michael Strong, Dr. Mary Ruart, and John Bush.
[01:00:49.000 --> 01:00:52.000]  Information at parentsforliberty.org.
[01:00:52.000 --> 01:00:54.000]  And now the news.
[01:00:54.000 --> 01:00:59.000]  Despite President Obama's declaration on Wednesday that he was certain the Syrian government was responsible
[01:00:59.000 --> 01:01:04.000]  for the August 21st chemical attacks in Syria, intelligence officials are not as confident.
[01:01:04.000 --> 01:01:10.000]  The Office of the Director for National Intelligence released a report detailing gaps in the U.S. intelligence.
[01:01:10.000 --> 01:01:15.000]  Congressional committees are expected to be briefed on evidence by conference call on Thursday.
[01:01:15.000 --> 01:01:21.000]  So far, intelligence officials have not been able to locate the exact location of Assad's supposed chemical weapons supply.
[01:01:21.000 --> 01:01:25.000]  The United States is not the only official body having trouble finding hard evidence
[01:01:25.000 --> 01:01:27.000]  linking the Syrian government to the use of chemical weapons.
[01:01:27.000 --> 01:01:32.000]  Bashar Jafar, a Syrian ambassador to the United Nations, stated that the rebels used weapons
[01:01:32.000 --> 01:01:35.000]  that they were able to produce with the help of outside powers.
[01:01:35.000 --> 01:01:39.000]  The British Parliament will hold a vote Thursday on a motion that would eliminate the possibility
[01:01:39.000 --> 01:01:45.000]  of launching an attack until the U.N. weapons inspectors publish their findings to the U.N. Security Council.
[01:01:45.000 --> 01:01:52.000]  Liberty activist John Bush was found not guilty yesterday in his trial stemming from a 2010 arrest on UT campus
[01:01:52.000 --> 01:01:57.000]  after he refused to go to the free speech zone while President Barack Obama was in town.
[01:01:57.000 --> 01:02:04.000]  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
[01:02:04.000 --> 01:02:11.000]  after it became clear that the prosecution did not have any evidence showing that an order was actually given by UT police.
[01:02:11.000 --> 01:02:17.000]  The state of Texas made a fatal mistake when last year they reduced the charges from Class B misdemeanor criminal trespass
[01:02:17.000 --> 01:02:21.000]  to Class C misdemeanor willful failure to obey the lawful order of an officer.
[01:02:21.000 --> 01:02:26.000]  John refused three years worth of plea deals which led the state to reduce their charges.
[01:02:26.000 --> 01:02:31.000]  John believes he has been vindicated and is encouraging others, especially when there is minimal risk to one's freedom,
[01:02:31.000 --> 01:02:35.000]  to refuse to take the plea deal and stand on their convictions.
[01:02:35.000 --> 01:02:42.000]  Video of the trial will soon be available at TheLibertyBeat.com.
[01:02:42.000 --> 01:02:49.000]  On Wednesday a military jury sentenced a U.S. Army psychiatrist to death for the 2009 shootings at Fort Hood, Texas
[01:02:49.000 --> 01:02:52.000]  that killed 13 people and wounded 31 others.
[01:02:52.000 --> 01:03:05.000]  Major Nadal Hassan has stated that he committed the crimes in retaliation for the United States wars in the Muslim world.
[01:03:05.000 --> 01:03:22.000]  Video of the trial will soon be available at TheLibertyBeat.com.
[01:03:22.000 --> 01:03:35.000]  Video of the trial will soon be available at TheLibertyBeat.com.
[01:03:35.000 --> 01:03:53.000]  Video of the trial will soon be available at TheLibertyBeat.com.
[01:03:53.000 --> 01:04:06.000]  Okay, we are back. Randy Kelton, Deb Stevens, Joe Esquivel. We're on our radio and we've got Eddie on the line.
[01:04:06.000 --> 01:04:15.000]  I did want to talk to Eminencio about when you start doing this, it's not a matter of being able to find criminal complaints.
[01:04:15.000 --> 01:04:24.000]  It's more about being able to sort between the multiples of criminal complaints you're going to get.
[01:04:24.000 --> 01:04:34.000]  When we first talked to Eddie years ago, he was having issues in Nacogdoches and I tell this story a lot.
[01:04:34.000 --> 01:04:39.000]  He called us about what to do with the criminal complaints and we talked about it.
[01:04:39.000 --> 01:04:44.000]  And he called back and he said he filed some criminal complaints and I said, well, how many did you file?
[01:04:44.000 --> 01:04:47.000]  How many did you say, Eddie? Four hundred and what?
[01:04:47.000 --> 01:04:50.000]  Four hundred and eighty-one.
[01:04:50.000 --> 01:04:55.000]  Yeah. And I asked him, why did you hold back?
[01:04:55.000 --> 01:04:58.000]  He said he ran out of paper.
[01:04:58.000 --> 01:05:11.000]  The point is, when you start this, they will give you more opportunities to file criminal charges against them than you can keep up with.
[01:05:11.000 --> 01:05:19.000]  So don't be surprised when they violate every law they get close to.
[01:05:19.000 --> 01:05:26.000]  And above all, do not let it upset you.
[01:05:26.000 --> 01:05:33.000]  Keep in mind, you never want them to do what you ask them to do.
[01:05:33.000 --> 01:05:43.000]  When they do what you ask them to do, it's always kind of disappointing because now you don't get to kick them right square in their professional behinds.
[01:05:43.000 --> 01:05:54.000]  And probably on another show, we'll need to talk about everything that occurred after arrest.
[01:05:54.000 --> 01:06:06.000]  If you look on jurisimprudence.com, that's one of my websites, the top frog, it's got a bunch of frogs on there because I call all this the frog farm conspiracy.
[01:06:06.000 --> 01:06:16.000]  Top frog on the left goes to a writ of habeas corpus I wrote for a kid in Conroe, Montgomery County.
[01:06:16.000 --> 01:06:20.000]  And it walks down due process.
[01:06:20.000 --> 01:06:28.000]  This is what they're supposed to do from the time they arrest you until they get you in front of a court.
[01:06:28.000 --> 01:06:39.000]  And on most every arrest in Texas, I can find you about between 19 and 21 criminal complaints to file against.
[01:06:39.000 --> 01:06:55.000]  The arresting officer, jailers, the magistrate, prosecuting attorney, every step from arrest to trial as presently practiced in the state of Texas is not only wrong.
[01:06:55.000 --> 01:06:59.000]  It is very specifically against particular law.
[01:06:59.000 --> 01:07:06.000]  And that writ of habeas corpus will show you specifically how it's against law.
[01:07:06.000 --> 01:07:17.000]  While it's written in Texas law, it follows the federal law, so it will be applicable to about any state in the union.
[01:07:17.000 --> 01:07:23.000]  Anybody who's been arrested should read that document at least twice.
[01:07:23.000 --> 01:07:31.000]  Then this will tell you the kinds of information requests you want to make.
[01:07:31.000 --> 01:07:38.000]  Once you see what the due process says they're supposed to do, compare it to what they actually did,
[01:07:38.000 --> 01:07:53.000]  then you want to start putting in requests to get the names of the actors and information that will support or will show the violations that they committed.
[01:07:53.000 --> 01:08:01.000]  And their problem is, is for the most part they don't know what they're doing to an eagle.
[01:08:01.000 --> 01:08:08.000]  They think they're just following the rules and just doing it the way they've been trained to do, and they are.
[01:08:08.000 --> 01:08:11.000]  Problem is it's criminal.
[01:08:11.000 --> 01:08:22.000]  So when you start doing this, do not be surprised if they seem to do everything wrong, because they will.
[01:08:22.000 --> 01:08:32.000]  And just the best thing to do is take a piece of paper and a pencil and keep really good notes.
[01:08:32.000 --> 01:08:34.000]  Oh, I've got him muted.
[01:08:34.000 --> 01:08:35.000]  Okay.
[01:08:35.000 --> 01:08:40.000]  Does that make sense to you in an NCO?
[01:08:40.000 --> 01:08:42.000]  Yes.
[01:08:42.000 --> 01:08:43.000]  I had to say it too.
[01:08:43.000 --> 01:08:47.000]  I also got like three pages full, two pages full right now of notes.
[01:08:47.000 --> 01:08:48.000]  Good.
[01:08:48.000 --> 01:08:51.000]  Yeah, we'll get this going.
[01:08:51.000 --> 01:08:56.000]  The main thing is, do not let them upset you.
[01:08:56.000 --> 01:09:05.000]  When they can't upset you, they'll be thinking, what does he know that I don't know?
[01:09:05.000 --> 01:09:07.000]  And then they begin to get real wet.
[01:09:07.000 --> 01:09:17.000]  And once you start filing against them, then they begin to get real careful and you'll stop having these problems with them.
[01:09:17.000 --> 01:09:21.000]  Let me interject here, Mr. Andy.
[01:09:21.000 --> 01:09:22.000]  Go ahead.
[01:09:22.000 --> 01:09:23.000]  Okay.
[01:09:23.000 --> 01:09:28.000]  When you're talking about the reason for the habeas and things like that, some of these due process violations,
[01:09:28.000 --> 01:09:33.000]  let's consider for a moment the thing that he got arrested for, a Class C fine-only misdemeanor.
[01:09:33.000 --> 01:09:34.000]  Okay.
[01:09:34.000 --> 01:09:43.000]  Now, Texas law has it set up where these guys have been granted an authority to arrest four of these Class C fine-onlys.
[01:09:43.000 --> 01:09:49.000]  However, they instead of taking you before magistrate as they're required to do,
[01:09:49.000 --> 01:09:54.000]  their first compunction is to take you and lock you in a jail cell without a commitment order,
[01:09:54.000 --> 01:09:57.000]  which we both know to be false imprisonment.
[01:09:57.000 --> 01:10:05.000]  Now, this is what they do even though the actual punishment for the offense cannot end in jail time.
[01:10:05.000 --> 01:10:06.000]  Wow.
[01:10:06.000 --> 01:10:17.000]  Then on top of that, they also, because it cannot be a result of incarceration, they deny you assistance of counsel.
[01:10:17.000 --> 01:10:22.000]  So here we have two rights violations, denial of assistance of counsel, okay,
[01:10:22.000 --> 01:10:27.000]  and arrest without warrant without seeking a magistrate for a proper order.
[01:10:27.000 --> 01:10:34.000]  But now you've been denied that counsel in a situation where you are in jail and actually need their help,
[01:10:34.000 --> 01:10:38.000]  when in fact you could never have wound up in jail in the first place.
[01:10:38.000 --> 01:10:39.000]  Yes, sir.
[01:10:39.000 --> 01:10:43.000]  This is what's known as a legal black hole.
[01:10:43.000 --> 01:10:47.000]  They're doing all these things that violates all these rights,
[01:10:47.000 --> 01:10:52.000]  but at the same time saying they're justified in denying the rights because the things they're actually doing
[01:10:52.000 --> 01:10:57.000]  can't be a result of what they've actually charged you with.
[01:10:57.000 --> 01:11:02.000]  It's an extremely idiotic and circular argument.
[01:11:02.000 --> 01:11:12.000]  Yeah, because I kind of already knew about the situation with how they can't confine you basically over a class seat.
[01:11:12.000 --> 01:11:17.000]  But what they did basically, yeah, I went against all of that.
[01:11:17.000 --> 01:11:24.000]  And I didn't know about the assistance of counsel at the moment either, and now I do.
[01:11:24.000 --> 01:11:27.000]  And I was denied that basically also.
[01:11:27.000 --> 01:11:28.000]  Right.
[01:11:28.000 --> 01:11:29.000]  It's so crazy.
[01:11:29.000 --> 01:11:31.000]  And it's one of the things they're doing.
[01:11:31.000 --> 01:11:34.000]  What they've done is on the denial of assistance of counsel,
[01:11:34.000 --> 01:11:40.000]  they have specifically adopted the federal ruling on the federal constitution,
[01:11:40.000 --> 01:11:45.000]  even though it's worded almost verbatim as the Texas Constitution is,
[01:11:45.000 --> 01:11:52.000]  where it says that in all criminal prosecutions the accused shall have the right to assistance of counsel.
[01:11:52.000 --> 01:12:00.000]  Well, the Supreme Court decided that the word all means every crime except ones where you can't go to jail.
[01:12:00.000 --> 01:12:08.000]  But the state constitution offers at the state level a much higher set of protections.
[01:12:08.000 --> 01:12:16.000]  The Supreme Court of Texas or the Court of Criminal Appeals should not be allowed to circumvent the Texas Constitution,
[01:12:16.000 --> 01:12:24.000]  which specifically says that in all criminal prosecutions the people's right to counsel can't be removed.
[01:12:24.000 --> 01:12:34.000]  So what we've got to argue is that the state courts can't adopt the federal rules when the state protection says otherwise.
[01:12:34.000 --> 01:12:35.000]  Yeah.
[01:12:35.000 --> 01:12:40.000]  Because the Supreme Court decisions cannot overrule the state constitution
[01:12:40.000 --> 01:12:48.000]  unless there's an actual conflict between the state constitution and the federal and there isn't one.
[01:12:48.000 --> 01:12:57.000]  Yes. And the state can increase your protection over the Fed. They can't decrease.
[01:12:57.000 --> 01:13:08.000]  So that would imply that if the state has increased your protections, the Fed cannot decrease that protection.
[01:13:08.000 --> 01:13:13.000]  Correct. And I was researching case law on that subject all day today.
[01:13:13.000 --> 01:13:28.000]  And it's very, very clear that the state protections have to be taken in accordance with the state constitution, not the federal.
[01:13:28.000 --> 01:13:30.000]  Yeah, I'm writing all this down.
[01:13:30.000 --> 01:13:42.000]  Now, on top of that, that protection in the state constitution was also codified in the 1.05 of the Code of Criminal Procedure and in 1.051
[01:13:42.000 --> 01:13:56.000]  where it specifically says the rights of the accused and it says all, just like the constitution does, all criminal prosecutions.
[01:13:56.000 --> 01:13:59.000]  So shouldn't these people know this?
[01:13:59.000 --> 01:14:02.000]  Yeah, they should know it.
[01:14:02.000 --> 01:14:04.000]  If they don't, they're screwed.
[01:14:04.000 --> 01:14:07.000]  They do ignore it.
[01:14:07.000 --> 01:14:12.000]  No, they're screwed. The screws doctrine.
[01:14:12.000 --> 01:14:27.000]  If a public official violates the ruling of this court and he be sane, he may not be heard to say he knows not what he does.
[01:14:27.000 --> 01:14:42.000]  A public official of all people, especially a public official charged with enforcing laws, cannot say he doesn't know what the law says.
[01:14:42.000 --> 01:14:49.000]  I actually had a Department of Public Safety Sergeant tell me once when he asked me if I was a lawyer.
[01:14:49.000 --> 01:15:07.000]  And I told him, do I need to be? And he said, well, since you're not a lawyer, I don't consider my officers sufficiently sophisticated in law so as to make it profitable for them to attempt to read and understand everything that's in the penal code.
[01:15:07.000 --> 01:15:12.000]  And since you're not a lawyer, I don't consider you sophisticated enough either.
[01:15:12.000 --> 01:15:20.000]  I said, say what? You're telling me your officers too damn stupid to read the penal code and you think I am too?
[01:15:20.000 --> 01:15:22.000]  Dang it.
[01:15:22.000 --> 01:15:33.000]  I got to tell that to the, I got to call the Colonel of the Department of Public Safety and ask him, what do you mean I'm too stupid to read the penal code?
[01:15:33.000 --> 01:15:40.000]  Huh? What do you mean sending Sergeant Rankin out here to tell me that I'm too stupid to read the penal code?
[01:15:40.000 --> 01:15:45.000]  He's the guy who worked for me, Sergeant Rankin worked for him.
[01:15:45.000 --> 01:15:52.000]  I think I'm the reason Sergeant Rankin retired as a Sergeant.
[01:15:52.000 --> 01:15:55.000]  Anyway, that's their opinion. That's their position.
[01:15:55.000 --> 01:15:58.000]  They don't consider it of any importance to read the codes.
[01:15:58.000 --> 01:16:06.000]  So you read the codes and demonstrate to them why it is so important.
[01:16:06.000 --> 01:16:12.000]  That's my story and I'm sticking to it.
[01:16:12.000 --> 01:16:18.000]  Okay, Eminence Hill, have we given you enough to work with for a while?
[01:16:18.000 --> 01:16:24.000]  You gave me more than enough, more than enough.
[01:16:24.000 --> 01:16:31.000]  So everything, okay, my bad, go ahead.
[01:16:31.000 --> 01:16:39.000]  Okay, you got to do work cut out for you and this will be, you'll find this to be an interesting experience.
[01:16:39.000 --> 01:16:46.000]  When you get done with it, you'll be one of the sovereigns and you'll have a duty to teach this to other folks.
[01:16:46.000 --> 01:16:54.000]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio, our call in number 512-646-1984.
[01:16:54.000 --> 01:17:00.000]  We'll be right back.
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[01:19:54.000 --> 01:20:04.000]  Okay, we are back. Randy Kelton, Deborah Stevens, Joe Esquivel, and we're going to go to Joshua in Texas.
[01:20:04.000 --> 01:20:07.000]  Joshua, thank you for hanging on so long.
[01:20:07.000 --> 01:20:11.000]  No worries. No worries, Randy. How are you doing tonight?
[01:20:11.000 --> 01:20:18.000]  I'm doing good. No worries. Have you been in Australia?
[01:20:18.000 --> 01:20:21.000]  I have not been in Australia.
[01:20:21.000 --> 01:20:28.000]  That is everybody in Australia. That's kind of a common term. Everybody says, no worries, no worries.
[01:20:28.000 --> 01:20:31.000]  Oh, well, good to know. I don't know where I picked it up, but yeah.
[01:20:31.000 --> 01:20:38.000]  So, Randy, I'm going to pick your brain today. I called last week. I don't know if you remember.
[01:20:38.000 --> 01:20:49.000]  I talked to you about the Fair Debt Collection Practices Act and how right now the case and the defense on the plaintiff,
[01:20:49.000 --> 01:20:58.000]  the defense has recently put in a motion to dismiss my claim.
[01:20:58.000 --> 01:21:05.000]  Okay, hold on. Is this a foreclosure or is this like a credit card or a debt collection issue?
[01:21:05.000 --> 01:21:19.000]  A debt. It's a debt collection issue. Somebody pulled – it's not even my debt, and the credit – I mean, the collectors went into my debt
[01:21:19.000 --> 01:21:27.000]  a month before they even contacted me, and so I have them. That's just the first thing, and then they never validated.
[01:21:27.000 --> 01:21:36.000]  There's just so many things, but they've been wanting – they've been stubborn, I guess, and they've been wanting to take it further,
[01:21:36.000 --> 01:21:41.000]  which is good for me because then they're going to have to pay me more to go away.
[01:21:41.000 --> 01:21:51.000]  So right now, I submitted my complaint. It's been served and everything. They have 21 days to respond,
[01:21:51.000 --> 01:22:03.000]  and on the 34th day, after it was already served, they submitted a motion to dismiss my complaint.
[01:22:03.000 --> 01:22:10.000]  Okay, a motion to dismiss takes the place of an answer.
[01:22:10.000 --> 01:22:13.000]  Okay.
[01:22:13.000 --> 01:22:17.000]  So that – was it – you said on the 34th day?
[01:22:17.000 --> 01:22:26.000]  On the 34th day, and the funny thing is I had put in my motion for default judgment the day before.
[01:22:26.000 --> 01:22:28.000]  Oh, wonderful. Okay.
[01:22:28.000 --> 01:22:29.000]  Yeah.
[01:22:29.000 --> 01:22:35.000]  Now you need to file a motion to strike their answer as untimely.
[01:22:35.000 --> 01:22:43.000]  Oh, okay. Okay. Could you repeat? What was it? A motion to strike their – strike their answer.
[01:22:43.000 --> 01:22:49.000]  A motion to strike their rule 12 as untimely.
[01:22:49.000 --> 01:22:50.000]  Okay.
[01:22:50.000 --> 01:22:56.000]  You need to respond to the rule 12, and you generally have 10 days to respond to that.
[01:22:56.000 --> 01:22:58.000]  Right. Right.
[01:22:58.000 --> 01:23:08.000]  So respond to that first thing, move to strike as untimely, before you address the issues in the rule 12.
[01:23:08.000 --> 01:23:19.000]  Just as a – something in practice is make sure you get your filing in on time, even if it's screwed up and incomplete.
[01:23:19.000 --> 01:23:20.000]  Okay, yeah.
[01:23:20.000 --> 01:23:26.000]  If you can't – if you don't have it ready yet, then send one that's really, really screwed up.
[01:23:26.000 --> 01:23:32.000]  File it. And then fix what you want, and then contact the court.
[01:23:32.000 --> 01:23:42.000]  Oh, my goodness, you filed this one and say, made a mistake, move for permission to amend Nunn's Pro Tonk,
[01:23:42.000 --> 01:23:48.000]  that you accidentally sent a working copy instead of the final copy.
[01:23:48.000 --> 01:23:51.000]  They always buy that story.
[01:23:51.000 --> 01:23:54.000]  Oh, okay. Great. Okay.
[01:23:54.000 --> 01:24:00.000]  But getting it in in time eliminates the problem you're going to give the other guy.
[01:24:00.000 --> 01:24:04.000]  Okay.
[01:24:04.000 --> 01:24:08.000]  Technically under law, he waived his right to respond.
[01:24:08.000 --> 01:24:13.000]  The judges don't like to give default judgments.
[01:24:13.000 --> 01:24:21.000]  Seventy-five percent of all default judgments get overturned, and the vast majority of them are for lack of service.
[01:24:21.000 --> 01:24:26.000]  These guys can't claim lack of service because they answered – they just answered late.
[01:24:26.000 --> 01:24:31.000]  So this will get you down into the 25 percent category.
[01:24:31.000 --> 01:24:32.000]  Oh.
[01:24:32.000 --> 01:24:39.000]  And if you can show the judge that your issue was not difficult or complex,
[01:24:39.000 --> 01:24:47.000]  then the other side would have to show some compelling reason for being late.
[01:24:47.000 --> 01:24:51.000]  Right. And this isn't the first time, too, so that's a great thing the judges already told them before.
[01:24:51.000 --> 01:24:56.000]  They have to watch about being untimely.
[01:24:56.000 --> 01:24:59.000]  Oh, good. So he may actually give it to you then.
[01:24:59.000 --> 01:25:01.000]  That would be amazing, yeah.
[01:25:01.000 --> 01:25:04.000]  That would save me a lot of future work.
[01:25:04.000 --> 01:25:12.000]  So you said – I was going to tell you that I've already written up my – well, I've almost finished writing it up.
[01:25:12.000 --> 01:25:17.000]  The tenth day – the ninth day is on Monday, so I plan on submitting it that day.
[01:25:17.000 --> 01:25:21.000]  So I'm going to be working on that all weekend.
[01:25:21.000 --> 01:25:26.000]  And so you said I could submit – I forgot what you call it.
[01:25:26.000 --> 01:25:29.000]  I could submit that with the opposition to the motion?
[01:25:29.000 --> 01:25:42.000]  Yes. Your opposition to the motion, the first opposition is that the motion should be stricken as untimely.
[01:25:42.000 --> 01:25:45.000]  That should be the first thing you're asked for.
[01:25:45.000 --> 01:25:46.000]  Okay.
[01:25:46.000 --> 01:25:50.000]  You know, you'll argue against the motion for a number of reasons,
[01:25:50.000 --> 01:25:56.000]  but the first argument is that the motion is untimely and should be stricken.
[01:25:56.000 --> 01:26:04.000]  In the alternative, you go to your next argument and ask – say what's wrong with it and ask them to strike it.
[01:26:04.000 --> 01:26:06.000]  And in the alternative, you do another one.
[01:26:06.000 --> 01:26:09.000]  Generally, that's the part that's in the prayer.
[01:26:09.000 --> 01:26:12.000]  But you make your arguments in the body of the motion.
[01:26:12.000 --> 01:26:14.000]  You start out by telling them what you're going to tell them.
[01:26:14.000 --> 01:26:23.000]  You're going to ask the court to strike the motion as untimely, to strike the motion, to deny the motion for this reason, deny it for that reason.
[01:26:23.000 --> 01:26:28.000]  And then you go to the body and tell them why he should strike it, why he should deny it.
[01:26:28.000 --> 01:26:36.000]  And then you go to the prayer and say, move the court to strike the motion as untimely in the alternative,
[01:26:36.000 --> 01:26:41.000]  deny the motion for this reason and the alternative for this reason.
[01:26:41.000 --> 01:26:43.000]  That all makes sense.
[01:26:43.000 --> 01:26:47.000]  Yeah, no, that absolutely makes sense, yeah.
[01:26:47.000 --> 01:26:53.000]  You always want to give the judge a synopsis of what the motion is going to be about so he knows what he's going to read.
[01:26:53.000 --> 01:26:54.000]  Right, right.
[01:26:54.000 --> 01:26:58.000]  And then, you know, he can look at some of these and say, I'm not going to address that, I'm not going to address that.
[01:26:58.000 --> 01:27:00.000]  So he won't even read that part.
[01:27:00.000 --> 01:27:03.000]  And he can move through it much more quickly.
[01:27:03.000 --> 01:27:05.000]  They appreciate that.
[01:27:05.000 --> 01:27:06.000]  Oh, okay.
[01:27:06.000 --> 01:27:15.000]  He's more likely to read your whole document if he doesn't have to decipher what's in there while he's reading it.
[01:27:15.000 --> 01:27:21.000]  If he already knows what's going to be in there because you've given him a synopsis in the beginning,
[01:27:21.000 --> 01:27:26.000]  then he can spend more of his attention on each of the issues.
[01:27:26.000 --> 01:27:32.000]  And I always use lots of headings, headings and subheadings.
[01:27:32.000 --> 01:27:37.000]  So my documents tend to be broken into a lot of pieces.
[01:27:37.000 --> 01:27:47.000]  So the reader can scan the document and know what's being talked about in every paragraph or two.
[01:27:47.000 --> 01:27:57.000]  So, you know, you get these documents where it's one huge, long document with no separations, no mental breaks.
[01:27:57.000 --> 01:28:01.000]  If you lose your place, you've got to dig around to figure out where you're at.
[01:28:01.000 --> 01:28:09.000]  If you put in lots of subheadings, it allows the reader to read more comfortably.
[01:28:09.000 --> 01:28:18.000]  And when he's reading something, he's in a context and he's reading each section in a confined context.
[01:28:18.000 --> 01:28:24.000]  It makes it much easier to formulate your ideas and get them across.
[01:28:24.000 --> 01:28:30.000]  And it also makes it a whole lot easier to make changes to the document.
[01:28:30.000 --> 01:28:34.000]  If you put a heading in, you're right to the heading.
[01:28:34.000 --> 01:28:43.000]  So each of those sections tend to be somewhat complete and you won't have all these ideas bleeding together.
[01:28:43.000 --> 01:28:49.000]  So if you want to add something in, you just drop a heading in and add your new piece in.
[01:28:49.000 --> 01:28:51.000]  That wasn't what you called to ask me.
[01:28:51.000 --> 01:28:53.000]  I kind of let off somewhere else.
[01:28:53.000 --> 01:29:04.000]  That's awesome, though. I love your insight. I actually wait for you to come on so I can get your insight.
[01:29:04.000 --> 01:29:09.000]  Even to go deeper into that thought, what would be a good example of, like, subheadings?
[01:29:09.000 --> 01:29:14.000]  Because I do headings, but I'm not sure what would be, like, a good subheading, I guess, an example.
[01:29:14.000 --> 01:29:16.000]  This one would be fine.
[01:29:16.000 --> 01:29:27.000]  Okay. My major headings will be parties, jurisdiction, statement of facts, and, like, when I'm doing a foreclosure issue,
[01:29:27.000 --> 01:29:31.000]  under statement of facts, I'll put deed of trust.
[01:29:31.000 --> 01:29:35.000]  On this day, and then under deed of trust, I'll put title.
[01:29:35.000 --> 01:29:42.000]  On this day, a document is filed in the county record titled as follows, and I'll drop in the title of the document.
[01:29:42.000 --> 01:29:48.000]  So he can walk right down the document, see where all the pieces are, only look what he needs to look at,
[01:29:48.000 --> 01:29:50.000]  and don't even have to pay any attention to the rest.
[01:29:50.000 --> 01:29:52.000]  Hang on. We'll be right back on the other side.
[01:29:52.000 --> 01:30:00.000]  Randy Kelton, Debra Stevens, Joe Esquivel. We'll be right back.
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[01:33:02.000 --> 01:33:12.000]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:12.000 --> 01:33:19.000]  I see a tool, I see a tool.
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[01:33:51.000 --> 01:33:53.000]  Okay, we are back.
[01:33:53.000 --> 01:33:56.000]  Randy Kelton, Deborah Stevens, Joe Esquivel.
[01:33:56.000 --> 01:34:00.000]  I was picking on Joe from the last time.
[01:34:00.000 --> 01:34:05.000]  He stumbled over Deborah's name, so I screwed up his name on purpose.
[01:34:05.000 --> 01:34:08.000]  That's the kind of guy I am.
[01:34:08.000 --> 01:34:21.000]  Okay, we're talking to Joshua in Texas, and since this is a credit issue, credit is not my area, it is Deborah's area.
[01:34:21.000 --> 01:34:25.000]  And Deborah had some comments, so we're going to go to Deborah.
[01:34:25.000 --> 01:34:27.000]  Thanks, Randy.
[01:34:27.000 --> 01:34:31.000]  Okay, Joshua, so they were late.
[01:34:31.000 --> 01:34:35.000]  This is not the first time this party has been warned by the court.
[01:34:35.000 --> 01:34:37.000]  Is that my understanding?
[01:34:37.000 --> 01:34:42.000]  Yes, they were warned for...
[01:34:42.000 --> 01:34:43.000]  I forget what it was.
[01:34:43.000 --> 01:34:47.000]  I submitted another motion for summary judgment.
[01:34:47.000 --> 01:34:50.000]  I believe I submitted several motions already.
[01:34:50.000 --> 01:34:51.000]  I've been pretty active in this.
[01:34:51.000 --> 01:34:54.000]  Okay, let me just make it clear.
[01:34:54.000 --> 01:34:56.000]  I just want to be clear what's going on.
[01:34:56.000 --> 01:34:58.000]  You sued them...
[01:34:58.000 --> 01:35:00.000]  Is this a debt collector?
[01:35:00.000 --> 01:35:01.000]  Yes, a third-party debt collector.
[01:35:01.000 --> 01:35:02.000]  A third-party debt collector.
[01:35:02.000 --> 01:35:08.000]  Okay, you sued a third-party debt collector in federal court under what, DCPA or FCRA or both?
[01:35:08.000 --> 01:35:09.000]  Both.
[01:35:09.000 --> 01:35:10.000]  Both.
[01:35:10.000 --> 01:35:16.000]  Okay, and the debt collector, the defendant, did not answer the suit within 21 days.
[01:35:16.000 --> 01:35:18.000]  Is that correct?
[01:35:18.000 --> 01:35:19.000]  That is correct, yes.
[01:35:19.000 --> 01:35:21.000]  Thirty-four days later, that's when they answered it.
[01:35:21.000 --> 01:35:26.000]  Okay, and after that, did you...
[01:35:26.000 --> 01:35:28.000]  Okay, they answered at 34 days.
[01:35:28.000 --> 01:35:32.000]  Did you ever file a motion for default judgments?
[01:35:32.000 --> 01:35:35.000]  I submitted it the day before.
[01:35:35.000 --> 01:35:36.000]  I filed it the day before.
[01:35:36.000 --> 01:35:39.000]  And the judge denied your motion for default judgment?
[01:35:39.000 --> 01:35:41.000]  He hasn't responded yet.
[01:35:41.000 --> 01:35:44.000]  That was just like eight days ago, seven days ago, maybe.
[01:35:44.000 --> 01:35:47.000]  The judge has not ruled on your motion for default judgment?
[01:35:47.000 --> 01:35:48.000]  No, he has not.
[01:35:48.000 --> 01:35:51.000]  Why did you file a motion for summary judgment?
[01:35:51.000 --> 01:35:53.000]  No, for default judgment.
[01:35:53.000 --> 01:35:55.000]  Okay, yeah, because those are two very different things.
[01:35:55.000 --> 01:35:57.000]  You do realize that, right?
[01:35:57.000 --> 01:35:58.000]  Yes, yes, yes.
[01:35:58.000 --> 01:35:59.000]  Okay, all right.
[01:35:59.000 --> 01:36:04.000]  So you filed a motion for default judgment the day before they answered?
[01:36:04.000 --> 01:36:05.000]  Yes.
[01:36:05.000 --> 01:36:07.000]  Okay, so I don't understand.
[01:36:07.000 --> 01:36:09.000]  How can this be...
[01:36:09.000 --> 01:36:17.000]  I don't understand how the judge could have warned them multiple times when this is a brand-new case that just started.
[01:36:17.000 --> 01:36:20.000]  You just filed a motion for default judgment.
[01:36:20.000 --> 01:36:21.000]  They just answered.
[01:36:21.000 --> 01:36:29.000]  When did the judge ever have an opportunity to warn them about untimely filings any other time in this case?
[01:36:29.000 --> 01:36:32.000]  Oh, well, that's where my case gets a little complicated.
[01:36:32.000 --> 01:36:35.000]  I got the marshal service.
[01:36:35.000 --> 01:36:36.000]  I got approved for that.
[01:36:36.000 --> 01:36:43.000]  So the marshals served them, and then apparently they claimed that they didn't get served properly.
[01:36:43.000 --> 01:36:52.000]  And then my complaint, because apparently the marshals just lagged,
[01:36:52.000 --> 01:36:55.000]  so they never submitted the proof of service even though they had served them.
[01:36:55.000 --> 01:36:59.000]  Wait, the marshals never submitted the certificate of service?
[01:36:59.000 --> 01:37:02.000]  The marshals never submitted it until five months later.
[01:37:02.000 --> 01:37:08.000]  They had already closed my case, and then I had to put in a motion for reconsideration
[01:37:08.000 --> 01:37:11.000]  because I told them everything that happened at the marshals.
[01:37:11.000 --> 01:37:13.000]  They told me they were served already.
[01:37:13.000 --> 01:37:14.000]  I didn't know what to do, obviously.
[01:37:14.000 --> 01:37:17.000]  Okay, so how did you get the case reopened?
[01:37:17.000 --> 01:37:25.000]  I submitted a motion for reconsideration and pretty much blamed the marshals service.
[01:37:25.000 --> 01:37:29.000]  And then when that happened, the marshals service, thank God,
[01:37:29.000 --> 01:37:35.000]  did put in the proof of service a few days after I had submitted my motion for reconsideration.
[01:37:35.000 --> 01:37:37.000]  So the judge allowed it.
[01:37:37.000 --> 01:37:43.000]  Okay, so what other document did the defendant file in an untimely manner,
[01:37:43.000 --> 01:37:48.000]  or documents did they file in an untimely manner that they were warned about?
[01:37:48.000 --> 01:37:55.000]  I believe they filed a declaration trying to keep my case closed, and they filed it.
[01:37:55.000 --> 01:38:03.000]  Okay, and they also filed some document objecting to improper service or lack of service or something?
[01:38:03.000 --> 01:38:08.000]  I believe they filed, this is the second time I believe they filed total.
[01:38:08.000 --> 01:38:09.000]  I'm not sure.
[01:38:09.000 --> 01:38:13.000]  I'm pretty sure, no, they didn't file that, what you're saying.
[01:38:13.000 --> 01:38:14.000]  Okay, so...
[01:38:14.000 --> 01:38:19.000]  Okay, let me ask a question here.
[01:38:19.000 --> 01:38:28.000]  The marshals service didn't file their declaration of service.
[01:38:28.000 --> 01:38:35.000]  Did they timely serve the other side, or did they serve them later?
[01:38:35.000 --> 01:38:41.000]  Did they claim they served them early on when they hadn't and then they served them later,
[01:38:41.000 --> 01:38:46.000]  or had they served them and just not filed a declaration stating that they served them?
[01:38:46.000 --> 01:38:48.000]  They served them and never filed a declaration.
[01:38:48.000 --> 01:38:52.000]  Okay, did the marshals actually serve them in a timely manner,
[01:38:52.000 --> 01:38:56.000]  but then they just never filed the declaration with the court until later?
[01:38:56.000 --> 01:38:57.000]  That's exactly what happened.
[01:38:57.000 --> 01:38:59.000]  Okay, okay, and then the other side comes...
[01:38:59.000 --> 01:39:04.000]  So the lawyers lied saying they didn't get proper service.
[01:39:04.000 --> 01:39:07.000]  Well, of course, of course.
[01:39:07.000 --> 01:39:10.000]  Yeah, of course, they've been trying to dismiss me since the beginning.
[01:39:10.000 --> 01:39:18.000]  Okay, you can ask for sanctions for that because now it has come out that they were properly served
[01:39:18.000 --> 01:39:23.000]  and they were timely, you know, they were properly served.
[01:39:23.000 --> 01:39:28.000]  And that makes this late filing a bigger deal.
[01:39:28.000 --> 01:39:33.000]  If they were properly served a long time ago, they had plenty of time to prepare an answer.
[01:39:33.000 --> 01:39:36.000]  Absolutely, and they obviously already knew about the case
[01:39:36.000 --> 01:39:43.000]  because they filed a document objecting to lack of service or improper service,
[01:39:43.000 --> 01:39:48.000]  and then they also filed some document objecting to the case being reopened.
[01:39:48.000 --> 01:39:55.000]  So they have no excuse, there's no way they can say that they didn't know about the case.
[01:39:55.000 --> 01:40:00.000]  All right, see, this is where I'm going to with this regarding the default judgment,
[01:40:00.000 --> 01:40:02.000]  and you're saying the judge hasn't ruled on it.
[01:40:02.000 --> 01:40:08.000]  All right, and now they were late responding to the motion for default judgment,
[01:40:08.000 --> 01:40:13.000]  or you just filed it seven days ago, so they're still within a timeframe to respond to that.
[01:40:13.000 --> 01:40:14.000]  Is that correct?
[01:40:14.000 --> 01:40:15.000]  That is correct.
[01:40:15.000 --> 01:40:19.000]  Okay, so you're filing the motion for default judgment because they did not respond within,
[01:40:19.000 --> 01:40:22.000]  they didn't answer the suit within 21 days.
[01:40:22.000 --> 01:40:27.000]  All right, typically what I've seen just in general with civil suits,
[01:40:27.000 --> 01:40:37.000]  the only time a default judgment is really ever going to stick is if there is clear evidence
[01:40:37.000 --> 01:40:44.000]  that someone was served and they just really didn't want to defend the suit
[01:40:44.000 --> 01:40:49.000]  and made no effort whatsoever, and even multiple attempts were made to contact them
[01:40:49.000 --> 01:40:53.000]  and serve them, et cetera, et cetera, and they just blew it off.
[01:40:53.000 --> 01:40:59.000]  Okay, if the defense, and see, this goes to some case all Randy and I were discussing on the break
[01:40:59.000 --> 01:41:01.000]  that goes to the discretion of the court.
[01:41:01.000 --> 01:41:06.000]  Yes, technically, if they didn't respond or answer the suit within 21 days,
[01:41:06.000 --> 01:41:11.000]  you can get a default judgment, may, okay, it's possible,
[01:41:11.000 --> 01:41:14.000]  but most of the time it's not going to happen.
[01:41:14.000 --> 01:41:19.000]  All right, if the other side looks like they're making any attempt whatsoever
[01:41:19.000 --> 01:41:23.000]  to defend themselves in the case or file documents in the case,
[01:41:23.000 --> 01:41:25.000]  you're not going to get a default judgment.
[01:41:25.000 --> 01:41:27.000]  I'm just going to let you know that right away.
[01:41:27.000 --> 01:41:34.000]  Now, that doesn't mean that you shouldn't file some kind of objection to that with the court
[01:41:34.000 --> 01:41:37.000]  if the court does not award your default judgment.
[01:41:37.000 --> 01:41:42.000]  You can file an objection, but just for the sake of the record for your appeal,
[01:41:42.000 --> 01:41:44.000]  but I'm telling you don't expect to get it.
[01:41:44.000 --> 01:41:48.000]  But here's the other issue I want to go to, and we're going to have to roll over to the other side
[01:41:48.000 --> 01:41:50.000]  because there's only a couple of minutes left of this segment.
[01:41:50.000 --> 01:41:54.000]  You don't necessarily want to, okay?
[01:41:54.000 --> 01:41:57.000]  Here's the thing with these debt collectors, all right?
[01:41:57.000 --> 01:42:01.000]  They know they're in the wrong because they're not collecting on a debt.
[01:42:01.000 --> 01:42:02.000]  They never bought a debt.
[01:42:02.000 --> 01:42:07.000]  They can't.
[01:42:07.000 --> 01:42:10.000]  When someone defaults on an account, the original creditor,
[01:42:10.000 --> 01:42:12.000]  after six months of not receiving payment,
[01:42:12.000 --> 01:42:18.000]  they write it off on their tax return against their capital gains tax.
[01:42:18.000 --> 01:42:19.000]  That's it.
[01:42:19.000 --> 01:42:20.000]  It's over.
[01:42:20.000 --> 01:42:21.000]  There is no more debt.
[01:42:21.000 --> 01:42:22.000]  Period.
[01:42:22.000 --> 01:42:23.000]  End of story.
[01:42:23.000 --> 01:42:24.000]  There's nothing to sell, all right?
[01:42:24.000 --> 01:42:27.000]  What they sell is the information related to the former account,
[01:42:27.000 --> 01:42:29.000]  like your name, your social security number, your address, your phone number,
[01:42:29.000 --> 01:42:31.000]  contact information, that sort of thing.
[01:42:31.000 --> 01:42:33.000]  And the debt collectors proceed to commit fraud
[01:42:33.000 --> 01:42:38.000]  and try to attempt to collect on a debt that no longer exists.
[01:42:38.000 --> 01:42:41.000]  They know what they're doing is completely fraudulent, all right?
[01:42:41.000 --> 01:42:43.000]  Now, here's the thing.
[01:42:43.000 --> 01:42:45.000]  They have to pay money.
[01:42:45.000 --> 01:42:46.000]  They have to pay lawyers.
[01:42:46.000 --> 01:42:49.000]  They buy these quote-unquote accounts, which aren't really accounts.
[01:42:49.000 --> 01:42:50.000]  It's just information.
[01:42:50.000 --> 01:42:53.000]  They buy this information for pennies on the dollar
[01:42:53.000 --> 01:43:00.000]  in relation to what the former, you know, debt was, all right?
[01:43:00.000 --> 01:43:03.000]  If it's like a $20,000 account, they'll probably pay $200
[01:43:03.000 --> 01:43:06.000]  for all the information to the original creditor.
[01:43:06.000 --> 01:43:09.000]  And then they just try to get all this money for nothing.
[01:43:09.000 --> 01:43:12.000]  But when you sue them, they have to hire lawyers.
[01:43:12.000 --> 01:43:16.000]  And it costs them thousands and thousands and thousands of dollars, all right?
[01:43:16.000 --> 01:43:19.000]  And then the lawyers try to milk their client.
[01:43:19.000 --> 01:43:23.000]  And the strategy is you just work it, okay?
[01:43:23.000 --> 01:43:27.000]  If the judge says no, no default judgment,
[01:43:27.000 --> 01:43:29.000]  he's going to give the defendant time to respond.
[01:43:29.000 --> 01:43:33.000]  Okay, ask for sanctions, especially since this is, you know,
[01:43:33.000 --> 01:43:37.000]  not the first time they have filed an untimely filing.
[01:43:37.000 --> 01:43:40.000]  So the judge is already kind of miffed at them, which is good for you.
[01:43:40.000 --> 01:43:44.000]  So you ask for sanctions, for the untimely filing.
[01:43:44.000 --> 01:43:47.000]  If you don't get the default judgment, you file an objection for that.
[01:43:47.000 --> 01:43:49.000]  But you keep the case going, okay?
[01:43:49.000 --> 01:43:52.000]  And I'm going to finish up on this on the other side,
[01:43:52.000 --> 01:43:55.000]  because this goes to strategy of how to handle these debt collector cases,
[01:43:55.000 --> 01:43:57.000]  because I've been there, I've already won.
[01:43:57.000 --> 01:44:00.000]  All right, here we go. We'll be right back.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Sorry.
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[01:45:00.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:26.000 --> 01:46:34.000]  Okay, we are back.
[01:46:34.000 --> 01:46:36.000]  This is Rule of Law.
[01:46:36.000 --> 01:46:40.000]  Randy Kelton, Eddie Craig, Deborah Stevens, Joe Esquivo,
[01:46:40.000 --> 01:46:47.000]  and we are talking to Joshua in Texas right now concerning this issue
[01:46:47.000 --> 01:46:52.000]  about his case in federal court in this debt collector suit.
[01:46:52.000 --> 01:46:56.000]  Okay, so at any rate, what I was saying is you can go ahead,
[01:46:56.000 --> 01:46:59.000]  you can file objections with the court.
[01:46:59.000 --> 01:47:02.000]  If they don't give you your default judgment,
[01:47:02.000 --> 01:47:04.000]  I'm telling you right now they're not going to.
[01:47:04.000 --> 01:47:11.000]  And that's okay because what's going to happen is this attorney is going to milk their client.
[01:47:11.000 --> 01:47:16.000]  They're going to keep telling their client that we can win this,
[01:47:16.000 --> 01:47:20.000]  this is just some idiot pro se, don't worry about it, we can take care of it,
[01:47:20.000 --> 01:47:21.000]  we can take care of it.
[01:47:21.000 --> 01:47:25.000]  You know, all I have to do is file this and that and et cetera, et cetera.
[01:47:25.000 --> 01:47:30.000]  And what's going to happen is eventually they're going to get to the point
[01:47:30.000 --> 01:47:40.000]  where the client is going to say, look, I paid 20 bucks for this so-called account,
[01:47:40.000 --> 01:47:47.000]  and now I've already had to pay you 15, 20 grand to defend me in this case.
[01:47:47.000 --> 01:47:52.000]  It's time for me to cut my losses and get while the getting is good, make them an offer.
[01:47:52.000 --> 01:47:59.000]  See, the whole strategy about debt collection suits is you never want to push it.
[01:47:59.000 --> 01:48:06.000]  The strategy, the point is not to push the case all the way to the end to trial, et cetera, et cetera,
[01:48:06.000 --> 01:48:08.000]  so you can get a final judgment in your favor.
[01:48:08.000 --> 01:48:10.000]  Okay, that's not the point.
[01:48:10.000 --> 01:48:17.000]  The point is to push them into a corner to where they have to settle, all right?
[01:48:17.000 --> 01:48:21.000]  Because what's going to happen is you start hitting them in discovery.
[01:48:21.000 --> 01:48:23.000]  See, discovery is next.
[01:48:23.000 --> 01:48:26.000]  It's time to hit them with discovery, all right?
[01:48:26.000 --> 01:48:30.000]  When you get denied your motion for default judgment after you do your objection
[01:48:30.000 --> 01:48:35.000]  and ask for sanctions, the very next thing you do is you wallop them upside the head
[01:48:35.000 --> 01:48:37.000]  with some serious discovery.
[01:48:37.000 --> 01:48:39.000]  All right, you want to see their IRS tax returns.
[01:48:39.000 --> 01:48:43.000]  You want to see the contract that the debt collector had with the original creditor,
[01:48:43.000 --> 01:48:46.000]  a whole bunch of things, all right?
[01:48:46.000 --> 01:48:48.000]  This is all in the Mike Mears course.
[01:48:48.000 --> 01:48:55.000]  You can get the whole list of an enormous list, an outrageous list of things to ask for in discovery,
[01:48:55.000 --> 01:48:58.000]  things that will make their blood run cold, okay,
[01:48:58.000 --> 01:49:03.000]  things that will make them have to go change their pants, so to speak, all right?
[01:49:03.000 --> 01:49:07.000]  But I can't give away all of the discovery information because that's part of the Mike Mears class
[01:49:07.000 --> 01:49:09.000]  and I can't give that away, all right?
[01:49:09.000 --> 01:49:12.000]  But at any rate, once you hit them up with this discovery,
[01:49:12.000 --> 01:49:15.000]  especially when you start asking for the IRS tax returns
[01:49:15.000 --> 01:49:19.000]  and you start subpoenaing information from the original creditor,
[01:49:19.000 --> 01:49:22.000]  so you have to bring the original creditor into the game, all right,
[01:49:22.000 --> 01:49:27.000]  and asking for all of their information and getting who the custodian of all these records are
[01:49:27.000 --> 01:49:30.000]  and making motions to strike their affidavits
[01:49:30.000 --> 01:49:33.000]  because they don't have firsthand personal knowledge and all these things.
[01:49:33.000 --> 01:49:39.000]  Everything they do, you just rebut it, you just keep filing responses to it, you hit them with discovery.
[01:49:39.000 --> 01:49:44.000]  I'm telling you, eventually they're going to come to the table and offer a settlement,
[01:49:44.000 --> 01:49:51.000]  and as part of the settlement, you demand that they get out of your credit report forever
[01:49:51.000 --> 01:49:59.000]  and they have to agree not to ever sell the quote-unquote account to any debt collector ever again
[01:49:59.000 --> 01:50:03.000]  or anyone ever again for that matter or any of your personal information
[01:50:03.000 --> 01:50:07.000]  or any of the information related to your account whatsoever, okay, or related to you, period.
[01:50:07.000 --> 01:50:11.000]  And that way you stop the vicious cycle of these debt collectors.
[01:50:11.000 --> 01:50:15.000]  Every six months they sell it to each other, all right, and it just keeps going on and on forever.
[01:50:15.000 --> 01:50:19.000]  If you don't do something to stop it, which you are right now,
[01:50:19.000 --> 01:50:22.000]  they will just keep selling it to each other every six months
[01:50:22.000 --> 01:50:26.000]  and making negative entries in your credit report will haunt you for the rest of your life, all right,
[01:50:26.000 --> 01:50:30.000]  so you have to do something to stop it, and just disputing with the credit bureaus is not enough
[01:50:30.000 --> 01:50:36.000]  because they'll just keep doing it, all right, unless you get a contract with them through a lawsuit,
[01:50:36.000 --> 01:50:42.000]  through a settlement agreement that they promise not to ever sell ever again
[01:50:42.000 --> 01:50:46.000]  any of this information to anyone else and get out of your credit report permanently
[01:50:46.000 --> 01:50:48.000]  and give you a settlement.
[01:50:48.000 --> 01:50:52.000]  Now typically the settlement, no matter how much the credit card was worth,
[01:50:52.000 --> 01:50:58.000]  no matter how many violations of DCPA or FCRA they committed or TCPA,
[01:50:58.000 --> 01:51:04.000]  you can bring in TCPA too, all right, I brought in TCPA on one of my suits.
[01:51:04.000 --> 01:51:08.000]  I mean we had almost a $500,000 lawsuit going against them,
[01:51:08.000 --> 01:51:13.000]  and all of the violations were legitimate, never going to get that much, okay,
[01:51:13.000 --> 01:51:17.000]  not even a fraction of that even if it went all the way to trial, all right,
[01:51:17.000 --> 01:51:20.000]  but here's the thing, these attorneys are telling you,
[01:51:20.000 --> 01:51:24.000]  they'll come to you at some point and say, oh, you're not going to win, you know,
[01:51:24.000 --> 01:51:27.000]  we're going to beat you, blah, blah, this and that, and you say,
[01:51:27.000 --> 01:51:32.000]  well, you know what, Mr. Attorney, you just may be right.
[01:51:32.000 --> 01:51:38.000]  Let's see what the jury has to think about it because you're not going to find any jury
[01:51:38.000 --> 01:51:43.000]  who isn't extremely biased towards debt collectors, okay, nobody likes debt collectors,
[01:51:43.000 --> 01:51:46.000]  and so nothing they ever do is going to stand up in court
[01:51:46.000 --> 01:51:49.000]  because what they're doing really is committing fraud.
[01:51:49.000 --> 01:51:52.000]  At some point, if you can keep the case going,
[01:51:52.000 --> 01:51:57.000]  if you can get over the Rule 12B motion to dismiss, if you can keep the case going,
[01:51:57.000 --> 01:52:02.000]  then you will eventually win, but it will likely be through settlement,
[01:52:02.000 --> 01:52:04.000]  and that's what you want, all right,
[01:52:04.000 --> 01:52:10.000]  and so that would be my suggestion for strategy at this point is to just keep it going.
[01:52:10.000 --> 01:52:18.000]  Now, the only time I ever see them actually win, get a Rule 12B to dismiss is
[01:52:18.000 --> 01:52:26.000]  if there was some kind of a binding arbitration agreement in the original credit card agreement,
[01:52:26.000 --> 01:52:29.000]  but this is with a debt collector, not the original creditor,
[01:52:29.000 --> 01:52:33.000]  so they can't bring that in, you've got no contract with them, they have nothing, okay,
[01:52:33.000 --> 01:52:35.000]  so does that make sense, Joshua?
[01:52:35.000 --> 01:52:37.000]  Oh, yeah, absolutely, absolutely.
[01:52:37.000 --> 01:52:41.000]  How would I file a sanction?
[01:52:41.000 --> 01:52:44.000]  Motion for sanctions, motion for sanctions against the attorney
[01:52:44.000 --> 01:52:50.000]  because of untimely history record of multiple untimely filings.
[01:52:50.000 --> 01:52:54.000]  It's just a very simple document.
[01:52:54.000 --> 01:53:00.000]  Right, Randy, do you have any special warning for a motion for sanctions?
[01:53:00.000 --> 01:53:07.000]  Motion for sanctions for failure to speak with Kandor to the court.
[01:53:07.000 --> 01:53:08.000]  What about the lying?
[01:53:08.000 --> 01:53:14.000]  What about the lying saying they were never served when the marshals actually came up with the service?
[01:53:14.000 --> 01:53:20.000]  Failure to speak with Kandor to the court is a nice way of calling them a dirty rotten liar.
[01:53:20.000 --> 01:53:24.000]  And what about the motion for sanctions for the untimely filings?
[01:53:24.000 --> 01:53:27.000]  You throw that in there too, right?
[01:53:27.000 --> 01:53:33.000]  Absolutely, you're not likely to get it on the filing unless you make the argument that
[01:53:33.000 --> 01:53:42.000]  they had notice long before and when they made the claim that they did not have proper notice,
[01:53:42.000 --> 01:53:47.000]  that claim was frivolous and fraudulent.
[01:53:47.000 --> 01:53:49.000]  And don't forget the bar grievances.
[01:53:49.000 --> 01:53:53.000]  Right, you're going to bar-grieve the crap out of them.
[01:53:53.000 --> 01:53:54.000]  Oh, yeah.
[01:53:54.000 --> 01:53:58.000]  Because one bar grievance is a double the malpractice insurance.
[01:53:58.000 --> 01:54:04.000]  That's the most potent weapon you have, that'll sting them big time.
[01:54:04.000 --> 01:54:12.000]  And this creditor, whoever owns the information and hired the law firm,
[01:54:12.000 --> 01:54:14.000]  the law firm's going to go to them and say,
[01:54:14.000 --> 01:54:18.000]  these guys just doubled my malpractice insurance rates.
[01:54:18.000 --> 01:54:23.000]  You're going to have to pay me a lot more money to mess with these guys.
[01:54:23.000 --> 01:54:24.000]  Yeah.
[01:54:24.000 --> 01:54:26.000]  So everything's about the money.
[01:54:26.000 --> 01:54:28.000]  So you increase their cost.
[01:54:28.000 --> 01:54:31.000]  Until they can't stand it anymore, they'll come make you do.
[01:54:31.000 --> 01:54:34.000]  Yeah, anyway, back to the amount of the settlement.
[01:54:34.000 --> 01:54:39.000]  Don't expect, I mean, a typical settlement, no matter how much the credit card was,
[01:54:39.000 --> 01:54:43.000]  you're not going to get more than one to, you know, 5,000 max.
[01:54:43.000 --> 01:54:49.000]  A typical settlement from my research and talking to people dealing with this situation,
[01:54:49.000 --> 01:54:51.000]  it's going to be around one to 3,000.
[01:54:51.000 --> 01:54:55.000]  I mean, it's barely enough to cover your time really
[01:54:55.000 --> 01:54:57.000]  and your filings.
[01:54:57.000 --> 01:55:02.000]  But you also want to put in there that you're not going to let them 1099 you either,
[01:55:02.000 --> 01:55:03.000]  because they'll try to do that.
[01:55:03.000 --> 01:55:05.000]  They'll try to send you a 1099.
[01:55:05.000 --> 01:55:07.000]  They'll try to sneak that in.
[01:55:07.000 --> 01:55:10.000]  They'll hit you with a 1099 for the amount of the settlement,
[01:55:10.000 --> 01:55:13.000]  like, you know, the following year or something.
[01:55:13.000 --> 01:55:17.000]  And so you make sure that that's in the document that you're not going to accept a 1099.
[01:55:17.000 --> 01:55:19.000]  Well, what's a 1099? I'm sorry.
[01:55:19.000 --> 01:55:26.000]  A 1099 is like saying that they paid you as a contractor some money, okay?
[01:55:26.000 --> 01:55:35.000]  A 1099 is what, like, if you're a private contractor, like a self-employed person,
[01:55:35.000 --> 01:55:44.000]  and you go do a big job for a client, and the client will then sometimes in turn
[01:55:44.000 --> 01:55:52.000]  want to give you a 1099 because they don't want to have to pay taxes to the IRS
[01:55:52.000 --> 01:55:55.000]  on the money that they pay you.
[01:55:55.000 --> 01:55:59.000]  They want to say, well, it's not like an employee, okay?
[01:55:59.000 --> 01:56:00.000]  You're not an employee.
[01:56:00.000 --> 01:56:04.000]  You're a private contractor, and so they want to write it off on their tax return
[01:56:04.000 --> 01:56:07.000]  as money that they paid out to a private contractor
[01:56:07.000 --> 01:56:09.000]  so that they don't have to pay taxes on it.
[01:56:09.000 --> 01:56:12.000]  Now, they can write it off on their tax return anyway.
[01:56:12.000 --> 01:56:16.000]  They don't have to give you a 1099 in order to write it off on their tax return,
[01:56:16.000 --> 01:56:21.000]  but it's a lawyer way of making sure that their butts are covered with the IRS.
[01:56:21.000 --> 01:56:23.000]  So you say no.
[01:56:23.000 --> 01:56:25.000]  I'm not going to accept a 1099 because this is not income,
[01:56:25.000 --> 01:56:28.000]  because if they give you a 1099 and you don't object to it,
[01:56:28.000 --> 01:56:32.000]  then you end up having to pay taxes on that money to the IRS as income, you see?
[01:56:32.000 --> 01:56:33.000]  So that's what I'm saying.
[01:56:33.000 --> 01:56:34.000]  Oh, I see.
[01:56:34.000 --> 01:56:35.000]  Okay.
[01:56:35.000 --> 01:56:36.000]  Okay.
[01:56:36.000 --> 01:56:39.000]  And yeah, I mean, this is really on my debt.
[01:56:39.000 --> 01:56:43.000]  I guess the person had the same last name as me, and that's about it.
[01:56:43.000 --> 01:56:46.000]  So everything they've given me is under the other person's name,
[01:56:46.000 --> 01:56:48.000]  and it's been very inconvenient.
[01:56:48.000 --> 01:56:49.000]  I'm a college student.
[01:56:49.000 --> 01:56:51.000]  I'm 22, and I'm actually from California.
[01:56:51.000 --> 01:56:53.000]  I don't know why I keep coming up to Texas.
[01:56:53.000 --> 01:56:55.000]  I called last weekend and the same thing happened.
[01:56:55.000 --> 01:56:58.000]  But yeah, I'm a young guy, and I'm learning a lot.
[01:56:58.000 --> 01:56:59.000]  I'm learning a lot.
[01:56:59.000 --> 01:57:01.000]  I'm actually very interested in my life.
[01:57:01.000 --> 01:57:02.000]  Yeah.
[01:57:02.000 --> 01:57:05.000]  Now, see, the other thing, and I want to clarify some more about this 1099 thing.
[01:57:05.000 --> 01:57:09.000]  I was just giving you an example of one type of 1099.
[01:57:09.000 --> 01:57:16.000]  The type of 1099 that they will typically want to give you is either some kind of abandonment of funds
[01:57:16.000 --> 01:57:21.000]  or like a forgiveness, like a write-off, okay?
[01:57:21.000 --> 01:57:23.000]  But this is not a forgiveness.
[01:57:23.000 --> 01:57:24.000]  This is not a write-off.
[01:57:24.000 --> 01:57:25.000]  It's a settlement.
[01:57:25.000 --> 01:57:28.000]  It's totally different, all right?
[01:57:28.000 --> 01:57:31.000]  It's not a forgiveness of a debt, all right?
[01:57:31.000 --> 01:57:36.000]  Damages, technically, is what it is, and damages are non-taxable, all right?
[01:57:36.000 --> 01:57:38.000]  Now, it's not damages as far as a judgment.
[01:57:38.000 --> 01:57:44.000]  I mean, technically, that's what damages is, is if you receive a check from a judgment at the end of a case.
[01:57:44.000 --> 01:57:45.000]  But it's an out-of-court settlement.
[01:57:45.000 --> 01:57:49.000]  You just tell them you're not going to give me a 1099, all right?
[01:57:49.000 --> 01:57:51.000]  All right, sounds good.
[01:57:51.000 --> 01:57:52.000]  Okay, well, I'm sorry.
[01:57:52.000 --> 01:57:54.000]  We are at the end of the show.
[01:57:54.000 --> 01:57:57.000]  Let's see if we can jam in a quick answer to one more call.
[01:57:57.000 --> 01:57:59.000]  John from Texas.
[01:57:59.000 --> 01:58:02.000]  Do you have a quick question that we could answer quickly?
[01:58:02.000 --> 01:58:03.000]  Yes.
[01:58:03.000 --> 01:58:05.000]  Am I on the air?
[01:58:05.000 --> 01:58:06.000]  Hurry up.
[01:58:06.000 --> 01:58:08.000]  We are less than 60 seconds from being off the air.
[01:58:08.000 --> 01:58:09.000]  Fraud on the court.
[01:58:09.000 --> 01:58:10.000]  What?
[01:58:10.000 --> 01:58:12.000]  What do you think about fraud on the court?
[01:58:12.000 --> 01:58:13.000]  About doing what?
[01:58:13.000 --> 01:58:19.000]  False affidavits called fraud on the court or in the court.
[01:58:19.000 --> 01:58:21.000]  Fraud on the court.
[01:58:21.000 --> 01:58:23.000]  Yes, that's what people say.
[01:58:23.000 --> 01:58:28.000]  It would take too long to vet out what you're talking about, what constitutes the fraud.
[01:58:28.000 --> 01:58:30.000]  Can you call us back in Thursday night?
[01:58:30.000 --> 01:58:31.000]  Call back in Thursday, John.
[01:58:31.000 --> 01:58:32.000]  I'm sorry.
[01:58:32.000 --> 01:58:33.000]  We're out of time.
[01:58:33.000 --> 01:58:34.000]  All right, folks.
[01:58:34.000 --> 01:58:36.000]  We will be back Monday with Eddie for traffic night.
[01:58:36.000 --> 01:58:42.000]  We'll be back again Thursday, Randy and I, and next Friday again with Joe Esquivel and Randy Kelton.
[01:58:42.000 --> 01:58:43.000]  This is the rule of law.
[01:58:43.000 --> 01:58:50.000]  Everyone have a very good night and God bless.
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