ROL_2014-06-13_16k_Hr1-2.timecode

[00:00.000 --> 00:07.280]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.280 --> 00:08.280]  at thelibertybeat.com.
[00:08.280 --> 00:12.000]  I'm Brian Hagan, with your Liberty Beat for Thursday, June 12, 2014.
[00:12.000 --> 00:21.120]  Gold opened today at $1,264, silver opened at $19.27, and Bitcoin is trading at $6.2641.
[00:21.120 --> 00:24.760]  Support for the Liberty Beat comes from Voice and Exit, maximizing human flourishing through
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[00:27.040 --> 00:29.280]  Get 10% off with promo code FREEDOM.
[00:29.280 --> 00:31.120]  June 21 at Austin Music Hall.
[00:31.120 --> 00:32.120]  Get yours.
[00:32.120 --> 00:33.120]  VoiceandExit.com.
[00:33.120 --> 00:38.080]  And support comes from Accountable Authority, now offering a public database of police abuse
[00:38.080 --> 00:42.600]  and misconduct, online at AccountableAuthority.com.
[00:42.600 --> 00:47.040]  In the news, supporters, neighbors, and family members gathered at a memorial honoring the
[00:47.040 --> 00:52.740]  27-year-old Florida MMA fighter who was executed by the FBI last year for his alleged connection
[00:52.740 --> 00:56.160]  to Boston bomber suspect Tamerlane Sarniam.
[00:56.160 --> 01:01.720]  Abraham Todashev was shot seven times in his Orlando condo during a final round of interrogation
[01:01.720 --> 01:06.920]  by FBI officials, all of whom have been cleared of any wrongdoing in the killing.
[01:06.920 --> 01:10.360]  Investigative reporter Julie Wilson attended the memorial and spoke to nearby residents
[01:10.360 --> 01:13.760]  who doubt the FBI's narrative of what happened that late summer night.
[01:13.760 --> 01:19.760]  When I heard about the investigations, I said, this is a sham, OPD don't want to get involved.
[01:19.760 --> 01:21.760]  I always thought the FBI was straight up.
[01:21.760 --> 01:26.440]  When I heard that he unloaded seven shots on this guy, it could have been a personal
[01:26.440 --> 01:27.440]  thing.
[01:27.440 --> 01:28.440]  They don't even release the guy's name.
[01:28.440 --> 01:32.480]  Usually they got the cop's name or the agent's name, no names.
[01:32.480 --> 01:37.640]  For the complete story, go to TheLibertyMeet.com.
[01:37.640 --> 01:41.080]  On Tuesday, the Supreme Court ruled that police officers may enter and search a home without
[01:41.080 --> 01:44.680]  a warrant, as long as one occupant gives consent.
[01:44.680 --> 01:48.920]  Ruling six to three, the court gives law enforcement greater authority to search homes, even when
[01:48.920 --> 01:51.480]  an occupant has previously denied entry.
[01:51.480 --> 01:55.640]  Just as Samuel Alito Jr. said police officers do not need to wait for magistrate approval
[01:55.640 --> 01:57.360]  before entering a home.
[01:57.360 --> 02:01.380]  The dissenting judges warned the ruling would erode Fourth Amendment protections from warrantless
[02:01.380 --> 02:04.880]  home searches.
[02:04.880 --> 02:10.160]  Google acquired Skybox, a company that provides high-res photos and video using low-cost satellites
[02:10.160 --> 02:14.480]  for $500 million, extending their reach far beyond the internet.
[02:14.480 --> 02:19.240]  Skybox transforms mass quantities of unstructured data into revenue-generating insights, streaming
[02:19.240 --> 02:21.360]  aerial imagery straight to Google.
[02:21.360 --> 02:25.360]  The captured aerial imagery is beneficial for a variety of industries, including companies
[02:25.360 --> 02:29.760]  tracking cars in parking lots to predict retail forecasts.
[02:29.760 --> 02:33.560]  Support for The Liberty Beat comes from My Magic Mud, all-natural teeth whitener.
[02:33.560 --> 02:37.160]  Go to MyMagicMud.com to hear a short interview with Dr. Griffin Cole.
[02:37.160 --> 02:39.000]  That's MyMagicMud.com.
[02:39.000 --> 02:43.480]  And support comes from Brave New Books, now offering pro-pure water filtration, the only
[02:43.480 --> 02:47.880]  gravity-driven all-in-one fluoride removal system that also alkalizes the water.
[02:47.880 --> 02:52.760]  Find them in Austin, 1904 Guadalupe Street, or online at BraveNewBooksstore.com.
[02:52.760 --> 02:56.560]  This is The Liberty Beat for Thursday, June 12, 2014.
[02:56.560 --> 03:22.640]  Check out the website at TheLibertyBeat.com.
[03:27.160 --> 03:30.160]  Bad boys, bad boys, whatcha gonna do?
[03:30.160 --> 03:32.560]  Whatcha gonna do when they come for you?
[03:32.560 --> 03:35.560]  Bad boys, bad boys, whatcha gonna do?
[03:35.560 --> 03:38.160]  Whatcha gonna do when they come for you?
[03:38.160 --> 03:43.560]  When you were eight and you had bad trees, you'd go to school and learn the golden rules.
[03:43.560 --> 03:46.560]  So why are you acting like a bloody fool?
[03:46.560 --> 03:49.160]  If you get high, then you might get cool.
[03:49.160 --> 03:51.960]  Bad boys, bad boys, whatcha gonna do?
[03:51.960 --> 03:54.560]  Whatcha gonna do when they come for you?
[03:54.560 --> 03:57.760]  Bad boys, bad boys, whatcha gonna do?
[03:57.760 --> 04:00.360]  Whatcha gonna do when they come for you?
[04:00.360 --> 04:03.160]  You chuck it on that one, you chuck it on this one.
[04:03.160 --> 04:06.060]  You chuck it on your mother and you chuck it on your father.
[04:06.060 --> 04:08.560]  You chuck it on your brother and you chuck it on your sister.
[04:08.560 --> 04:11.160]  You chuck it on that one and you chuck it on me.
[04:11.160 --> 04:14.040]  Bad boys, bad boys, whatcha gonna do?
[04:14.040 --> 04:16.560]  Whatcha gonna do when they come for you?
[04:16.560 --> 04:19.640]  Bad boys, bad boys, whatcha gonna do?
[04:19.640 --> 04:21.640]  Whatcha gonna do when they come for you?
[04:21.640 --> 04:23.640]  Bad boys, bad boys
[04:23.640 --> 04:25.640]  Whatcha gonna do?
[04:25.640 --> 04:49.640]  Okay, howdy, howdy everybody, this is Randy Kelton here with Steve Skidmore on this Saturday, Saturday, on this uh...
[04:49.640 --> 04:57.640]  I knew that chair. Trestedekaphobia, The Fear of Friday the 13th.
[04:57.640 --> 04:58.640]  Okay.
[04:58.640 --> 05:01.640]  I don't trust anything I can't pronounce.
[05:01.640 --> 05:03.640]  Okay. That's good.
[05:03.640 --> 05:11.640]  Okay, we are ready. I was gonna start out, we tried to do this once before and we got sidetracked and didn't get far into it.
[05:11.640 --> 05:17.640]  It has been a long time since we've talked about due process.
[05:17.640 --> 05:31.640]  Here in Texas, and I've done seminars all over the country, in every state I've looked at, the practices and procedures are almost identical in the criminal justice system.
[05:31.640 --> 05:45.640]  And that's kind of remarkable because every step as presently practiced in the criminal justice system in Texas from arrest to trial is not only wrong,
[05:45.640 --> 05:51.640]  it is very specifically against particular law.
[05:51.640 --> 06:00.640]  And for the most part, this law goes to due process and it's drawn basically from the federal law.
[06:00.640 --> 06:04.640]  So due process is essentially the same in every state.
[06:04.640 --> 06:09.640]  And everywhere I go, they violate the law the same way.
[06:09.640 --> 06:12.640]  Doesn't due process stem from the 14th Amendment?
[06:12.640 --> 06:13.640]  Yes.
[06:13.640 --> 06:18.640]  Yeah, it's the only part of the 14th Amendment I'd agree to keep.
[06:18.640 --> 06:23.640]  But it's kind of odd that everybody's doing it the same way.
[06:23.640 --> 06:28.640]  Everybody's violating the law the same way.
[06:28.640 --> 06:39.640]  In looking at the laws in Texas, oftentimes problems occur on a level that we don't recognize.
[06:39.640 --> 06:50.640]  And in Texas in 65, there were some changes that set us on a course to become the largest police state the world has ever seen.
[06:50.640 --> 06:56.640]  Average conviction rate in Texas, I'm not sure about other states, but I suspect they're similar.
[06:56.640 --> 07:01.640]  In Texas, 99.6.
[07:01.640 --> 07:05.640]  That rounds up to 100.
[07:05.640 --> 07:17.640]  The amount that get dismissed is so low as to be insignificant.
[07:17.640 --> 07:19.640]  So what's the problem?
[07:19.640 --> 07:27.640]  Well, the problem is every step is, as presently practiced, is against law.
[07:27.640 --> 07:30.640]  It's not just against law.
[07:30.640 --> 07:35.640]  It is against law for a very specific purpose.
[07:35.640 --> 07:46.640]  Every step is specifically designed to ensure that when the prosecutor comes to you with a perfectly reasonable deal,
[07:46.640 --> 07:53.640]  that you'll accept that deal and not have to go to court, not force him to go to court.
[07:53.640 --> 08:00.640]  When you're arrested, you can be arrested.
[08:00.640 --> 08:07.640]  What I believe is the thing that started us down the road to the police state was in 1965,
[08:07.640 --> 08:11.640]  when they changed 14.01 Code of Criminal Procedure.
[08:11.640 --> 08:17.640]  14.01 said that an officer could arrest anyone for an on-site offense.
[08:17.640 --> 08:30.640]  And then 14.03 said that a, I'm sorry, could arrest someone on a warrant, on an existing warrant or an on-site offense.
[08:30.640 --> 08:36.640]  14.03 mitigated on-site offense arrest to breach of the peace.
[08:36.640 --> 08:39.640]  Well, in 65, they changed 14.01.
[08:39.640 --> 08:51.640]  They added a paragraph B that said that a police officer could arrest someone for any on-site offense.
[08:51.640 --> 08:59.640]  That changed it so that an officer could arrest you for anything.
[08:59.640 --> 09:03.640]  Before that, he could only arrest you for breach of the peace.
[09:03.640 --> 09:06.640]  And breach of the peace is very specifically defined in the codes.
[09:06.640 --> 09:12.640]  Anything other than that on a misdemeanor, he would have to go to a justice of the peace,
[09:12.640 --> 09:18.640]  file a criminal complaint, file a statement of probable cause,
[09:18.640 --> 09:25.640]  and the magistrate would have had to have made a determine of probable cause and issued a warrant.
[09:25.640 --> 09:29.640]  After 65, a policeman could arrest you for anything.
[09:29.640 --> 09:35.640]  I talked to someone last night, and the policeman said she wiggled in the lane.
[09:35.640 --> 09:38.640]  That's why he stopped her. That's why he arrested her.
[09:38.640 --> 09:41.640]  And then he found other stuff.
[09:41.640 --> 09:43.640]  Anything, they can arrest you for anything.
[09:43.640 --> 09:45.640]  That started a police state.
[09:45.640 --> 09:47.640]  But that wasn't enough.
[09:47.640 --> 09:52.640]  We have a very well-structured, corpus juris, body of law.
[09:52.640 --> 09:56.640]  We have lots of checks and balances written into the code.
[09:56.640 --> 10:03.640]  If you ever get arrested for any reason, first thing out of your mouth,
[10:03.640 --> 10:09.640]  take me directly to the nearest magistrate.
[10:09.640 --> 10:14.640]  That should be the first thing out of your mouth and the last thing out of your mouth.
[10:14.640 --> 10:21.640]  There was, for a while, a CD floating around the Internet.
[10:21.640 --> 10:28.640]  It was a video of a college professor doing a presentation to his law students
[10:28.640 --> 10:33.640]  on when to advise your client to talk to the police.
[10:33.640 --> 10:38.640]  In short, the answer was never.
[10:38.640 --> 10:41.640]  It will never benefit your client to talk to the police.
[10:41.640 --> 10:43.640]  It can only harm them.
[10:43.640 --> 10:48.640]  So when you get stopped, especially if you get arrested,
[10:48.640 --> 10:52.640]  demand to be taken directly to the nearest magistrate.
[10:52.640 --> 10:55.640]  Then don't say anything else.
[10:55.640 --> 11:00.640]  If they refuse to take you to the magistrate, don't argue with them.
[11:00.640 --> 11:02.640]  When they get you to jail, tell the jailer,
[11:02.640 --> 11:05.640]  when he asks your name and all this blah, blah, blah,
[11:05.640 --> 11:08.640]  take me to the nearest magistrate.
[11:08.640 --> 11:09.640]  When I did this in Austin, the guy said,
[11:09.640 --> 11:11.640]  we're not going to take you to a magistrate.
[11:11.640 --> 11:12.640]  He said, you're not going to cause any trouble.
[11:12.640 --> 11:14.640]  I said, no.
[11:14.640 --> 11:18.640]  I had to ask, you had to refuse.
[11:18.640 --> 11:21.640]  That's all you have to talk to them about.
[11:21.640 --> 11:25.640]  Depending on how much fight you want to have,
[11:25.640 --> 11:28.640]  you can tell them your name and the standard stuff
[11:28.640 --> 11:32.640]  just to keep them from beating you up in the jail.
[11:32.640 --> 11:34.640]  Some of us want to have that fight,
[11:34.640 --> 11:37.640]  but I don't suggest you get into an extra fight.
[11:37.640 --> 11:42.640]  And giving them basic information is not necessarily detrimental.
[11:42.640 --> 11:45.640]  It's more detrimental if they grab you up and chain you to a chair
[11:45.640 --> 11:50.640]  and throw you in solitary confinement until you give them your name.
[11:50.640 --> 11:53.640]  You can object to everything they ask you to do.
[11:53.640 --> 11:55.640]  They wanted to take my fingerprints,
[11:55.640 --> 11:58.640]  and I told them I don't want you to take my fingerprints.
[11:58.640 --> 12:00.640]  And he said, well, we have to take your fingerprints.
[12:00.640 --> 12:02.640]  Well, do you have a camera on me anywhere?
[12:02.640 --> 12:03.640]  He said, yeah.
[12:03.640 --> 12:04.640]  I said, where's it at?
[12:04.640 --> 12:05.640]  And he pointed to it.
[12:05.640 --> 12:07.640]  And I turned and said to the camera,
[12:07.640 --> 12:09.640]  I don't want him taking my fingerprints.
[12:09.640 --> 12:12.640]  But if he's going to beat me up in order to take my fingerprints,
[12:12.640 --> 12:13.640]  I'll let him.
[12:13.640 --> 12:15.640]  So you can do that.
[12:15.640 --> 12:16.640]  It's not really necessary.
[12:16.640 --> 12:18.640]  It doesn't really go into due process.
[12:18.640 --> 12:23.640]  And a lot of these guys talk about this kind of passive resistance,
[12:23.640 --> 12:26.640]  which may or may not be necessary.
[12:26.640 --> 12:30.640]  But requesting that you be taken to a magistrate,
[12:30.640 --> 12:33.640]  that is a necessity because it's in law.
[12:33.640 --> 12:35.640]  They're required to take you anyway,
[12:35.640 --> 12:38.640]  but the case law says that they really only have to take you
[12:38.640 --> 12:40.640]  if you request to be taken.
[12:40.640 --> 12:44.640]  If you request to be taken, it specifically says that they must.
[12:44.640 --> 12:47.640]  So there's no wiggle room there.
[12:47.640 --> 12:54.640]  And the intent is even if you're arrested on an existing warrant,
[12:54.640 --> 12:56.640]  if you're arrested on an existing warrant,
[12:56.640 --> 13:04.640]  that means that a police officer or someone went before a magistrate
[13:04.640 --> 13:07.640]  and made a criminal accusation against you
[13:07.640 --> 13:13.640]  in the form of a criminal affidavit, sworn to under oath.
[13:13.640 --> 13:18.640]  And the judge examined into the sufficiency of that accusation
[13:18.640 --> 13:22.640]  and made a determination that a crime had been committed
[13:22.640 --> 13:25.640]  and there was reasonable probable cause to believe
[13:25.640 --> 13:27.640]  that you had committed the crime.
[13:27.640 --> 13:31.640]  And based on that, he can issue the warrant.
[13:31.640 --> 13:34.640]  So even if you're arrested on a warrant,
[13:34.640 --> 13:38.640]  they still must take you directly to the nearest magistrate
[13:38.640 --> 13:42.640]  for the purpose of holding an examining trial.
[13:42.640 --> 13:48.640]  The Texas Code of Criminal Procedure, Article 2.10, 2.11,
[13:48.640 --> 13:51.640]  define the duties of a magistrate.
[13:51.640 --> 13:55.640]  Article 2.09 defines a magistrate.
[13:55.640 --> 14:00.640]  Who are magistrates?
[14:00.640 --> 14:04.640]  The justices of the Supreme Court,
[14:04.640 --> 14:07.640]  judges of the Court of Criminal Appeals, appeals court judges,
[14:07.640 --> 14:11.640]  district judges, county judges, justices of the peace,
[14:11.640 --> 14:18.640]  municipal judges, mayors and reporters.
[14:18.640 --> 14:19.640]  I don't know what a reporter is.
[14:19.640 --> 14:21.640]  That's pretty much anybody with a black robe.
[14:21.640 --> 14:24.640]  Anybody with a black robe and your mayor.
[14:24.640 --> 14:25.640]  Who's the mayor?
[14:25.640 --> 14:29.640]  I'm sorry, it said not reporter, it says recorder.
[14:29.640 --> 14:32.640]  Now I've had some people say that that means a municipal judge,
[14:32.640 --> 14:36.640]  but I've never seen anything to say that.
[14:36.640 --> 14:38.640]  So I don't know what a recorder is.
[14:38.640 --> 14:43.640]  But anybody who's a judge is also a magistrate and your mayor.
[14:43.640 --> 14:49.640]  So once a person is arrested under Chapter 14,
[14:49.640 --> 14:54.640]  the officer is directed to take him directly to the nearest magistrate.
[14:54.640 --> 14:57.640]  And the case law requires that he take you to the nearest magistrate
[14:57.640 --> 14:59.640]  by way of the most direct route.
[14:59.640 --> 15:04.640]  Board V someone, I forget.
[15:04.640 --> 15:05.640]  Board V something.
[15:05.640 --> 15:07.640]  Board V state, I believe.
[15:07.640 --> 15:15.640]  1921 case, guys on a maintainer cutting the road across somebody's property.
[15:15.640 --> 15:18.640]  Property owner comes out and tells him to stop cutting the road.
[15:18.640 --> 15:20.640]  He tells the property owner, I'm not going to,
[15:20.640 --> 15:24.640]  boss told me to cut the road, I'm not going to quit cutting the road.
[15:24.640 --> 15:26.640]  Property owner tells him, if you don't stop cutting the road,
[15:26.640 --> 15:29.640]  I'll call the sheriff and have him come out here and arrest you.
[15:29.640 --> 15:31.640]  He said, well, you don't have to because I'm not going to stop cutting the road.
[15:31.640 --> 15:32.640]  So they call the sheriff.
[15:32.640 --> 15:34.640]  Sheriff comes out and tells him to quit cutting the road.
[15:34.640 --> 15:35.640]  He refuses.
[15:35.640 --> 15:38.640]  He said, well, you get off that maintainer, you get in your car,
[15:38.640 --> 15:40.640]  and you follow me to my office.
[15:40.640 --> 15:43.640]  And he does.
[15:43.640 --> 15:47.640]  The problem was the office was in Corpus Christi.
[15:47.640 --> 15:51.640]  And from where they were, they passed a magistrate who was six miles away,
[15:51.640 --> 15:56.640]  and the sheriff's office was 26 miles away.
[15:56.640 --> 16:01.640]  He went to the sheriff's office, held him 45 minutes, talked to the guy's boss,
[16:01.640 --> 16:05.640]  and told him, we'll sort this out with your boss, you can go.
[16:05.640 --> 16:10.640]  He sued him for false imprisonment, for not taking him directly
[16:10.640 --> 16:13.640]  to the nearest magistrate.
[16:13.640 --> 16:15.640]  And he won this one in court.
[16:15.640 --> 16:19.640]  So they have to take you to the nearest available magistrate
[16:19.640 --> 16:25.640]  for the purpose of an examining trial, article 2.10,
[16:25.640 --> 16:27.640]  2.11 Code of Criminal Procedure.
[16:27.640 --> 16:31.640]  2.10 says, it shall be the duty of the magistrate to keep the peace
[16:31.640 --> 16:33.640]  and account of all legal means.
[16:33.640 --> 16:37.640]  2.11 says, when a magistrate sits for the purpose of examining
[16:37.640 --> 16:41.640]  into a criminal accusation, that is an examining trial.
[16:41.640 --> 16:43.640]  And I'm going to bail that a little early,
[16:43.640 --> 16:47.640]  because I think my clock's a little bit off.
[16:47.640 --> 16:49.640]  You still got 20, 30 seconds.
[16:49.640 --> 16:51.640]  Yeah, I think I've only got 10.
[16:51.640 --> 16:53.640]  Oh, yeah, yeah.
[16:53.640 --> 16:55.640]  It is kind of messing up.
[16:55.640 --> 17:00.640]  We'll be right back, folks, teaching.
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[19:04.640 --> 19:29.640]  logosradio.com.
[19:29.640 --> 19:40.640]  The world is spinning like it's out of control
[19:40.640 --> 19:44.640]  On the edge of a hole inside a deep dark dome
[19:44.640 --> 19:50.640]  I'm always on the lookout for something to soothe my soul
[19:50.640 --> 19:56.640]  So I sit back and I watch the other dead sun fall
[19:56.640 --> 20:01.640]  See, justice is the goal
[20:01.640 --> 20:09.640]  Yeah, justice is the goal
[20:09.640 --> 20:12.640]  I can sail a little too far at sea
[20:12.640 --> 20:15.640]  And then we got to get back on course we can leave
[20:15.640 --> 20:18.640]  We'll be going under heavy advisory
[20:18.640 --> 20:22.640]  From the man that came all the way from Galilee
[20:22.640 --> 20:25.640]  A place that's called a safe and warm place to be
[20:25.640 --> 20:28.640]  Where I don't have to work so hard to be free
[20:28.640 --> 20:31.640]  Some guys are trying to rewrite history
[20:31.640 --> 20:34.640]  But they got caught, now them guys got the plea
[20:34.640 --> 20:57.640]  Looks like justice
[20:57.640 --> 21:00.640]  Welcome back to Rule of Law Radio, folks.
[21:00.640 --> 21:05.640]  512-646-1984 is the number you can dial to join us in conversation
[21:05.640 --> 21:08.640]  I see we've got nobody on the line right now
[21:08.640 --> 21:11.640]  You can call and get on board if you like
[21:11.640 --> 21:16.640]  Randy is experiencing technical difficulty with his microphone right now
[21:16.640 --> 21:19.640]  So I'm going to cover as best I can
[21:19.640 --> 21:23.640]  Randy's going over a due process
[21:23.640 --> 21:29.640]  A criminal due process is not exactly my forte
[21:29.640 --> 21:34.640]  But I do have the understanding that due process
[21:34.640 --> 21:38.640]  Let me give you an example of how important due process is
[21:38.640 --> 21:43.640]  I cannot remember the name of the politician
[21:43.640 --> 21:49.640]  But as memory serves, there was a D.C. politician
[21:49.640 --> 21:56.640]  Giving a dissertation to a graduating class of a well-known law school
[21:56.640 --> 22:03.640]  And he read what sounded like a constitution
[22:03.640 --> 22:05.640]  Very eloquent document
[22:05.640 --> 22:09.640]  It read a lot like our own constitution
[22:09.640 --> 22:11.640]  He read a good excerpt from it
[22:11.640 --> 22:16.640]  And he turned to the graduating class and asked if anybody knew what it was
[22:16.640 --> 22:19.640]  And there were two or three of them said, well, yeah, that sounds like a constitution
[22:19.640 --> 22:22.640]  You're correct, it is a constitution
[22:22.640 --> 22:25.640]  Can you tell me where this constitution is from?
[22:25.640 --> 22:30.640]  From what country is this constitution nobody knew?
[22:30.640 --> 22:36.640]  He said this is from the USSR, Russia
[22:36.640 --> 22:43.640]  Now does anybody understand the difference between the United States legal system
[22:43.640 --> 22:48.640]  And the Russian legal system and nobody knew
[22:48.640 --> 22:51.640]  The response was due process
[22:51.640 --> 22:56.640]  We have it, they don't
[22:56.640 --> 23:02.640]  So that might give you some indication as to how important this conversation is going to be tonight
[23:02.640 --> 23:04.640]  I don't want to check, Randy, you up yet?
[23:04.640 --> 23:08.640]  Can you hear me? I think I am
[23:08.640 --> 23:12.640]  I hear some mumbling in the background, but I don't hear a Randy Cutton
[23:12.640 --> 23:15.640]  Okay, I'm in the background
[23:15.640 --> 23:17.640]  What do we get to?
[23:17.640 --> 23:19.640]  Get my mic brought up a little bit
[23:19.640 --> 23:23.640]  I hear something back there, but it doesn't sound like Randy
[23:23.640 --> 23:26.640]  Randy will be back on as soon as he gets his microphone fixed
[23:26.640 --> 23:29.640]  He might try plugging another one in
[23:29.640 --> 23:36.640]  But due process, folks, is your fundamental
[23:36.640 --> 23:39.640]  Are we back?
[23:39.640 --> 23:45.640]  Due process is your fundamental right to have the law stand on your side
[23:45.640 --> 23:51.640]  Now Randy's often said, we've all often said
[23:51.640 --> 23:56.640]  That you're not going to win when you have the laws and the facts on your side
[23:56.640 --> 24:00.640]  I would differ with that, sometimes you do
[24:00.640 --> 24:04.640]  If you know what due process is
[24:04.640 --> 24:07.640]  If somebody messes up in the process
[24:07.640 --> 24:14.640]  Then you're deprived of your right to enjoy your freedom
[24:14.640 --> 24:26.640]  We're back, Randy?
[24:26.640 --> 24:33.640]  Well, don't think we're back yet
[24:33.640 --> 24:35.640]  I can hear the producer back there
[24:35.640 --> 24:41.640]  We're having some more technical difficulty than we thought
[24:41.640 --> 24:46.640]  There we go, that went dead
[24:46.640 --> 24:48.640]  Until Randy gets back
[24:48.640 --> 24:53.640]  I'll let you know now that criminal due process is definitely not my forte
[24:53.640 --> 24:59.640]  And I'd be much better off not stepping on Randy's toes in that area of law
[24:59.640 --> 25:03.640]  Civil is more my forte
[25:03.640 --> 25:16.640]  My experience in the civil court has been basically limited to foreclosure processes
[25:16.640 --> 25:23.640]  Due process is just as important in civil court as it is in criminal court
[25:23.640 --> 25:33.640]  Now with criminal, excuse me, I'll use just an average traffic citation
[25:33.640 --> 25:36.640]  And I use those words reserved
[25:36.640 --> 25:41.640]  But traffic citation, that's a good introductory to
[25:41.640 --> 25:46.640]  Or a good and inexpensive introductory to due process
[25:46.640 --> 25:57.640]  It doesn't cost you a whole lot to go into court and fight your issues
[25:57.640 --> 26:00.640]  The worst thing that can happen is you've got to pay the ticket
[26:00.640 --> 26:06.640]  I don't think you've got to pay opposing counsel because opposing counsel is paid by tax dollars
[26:06.640 --> 26:11.640]  So fighting a traffic ticket would be a very good introduction to due process
[26:11.640 --> 26:16.640]  A whole lot less stressful than fighting a foreclosure deal
[26:16.640 --> 26:21.640]  Or secondary securities market fraud, for example
[26:21.640 --> 26:24.640]  Somewhere where you've really got to stay on point
[26:24.640 --> 26:32.640]  But due process in the civil, either in the civil, well I'll stick with civil
[26:32.640 --> 26:38.640]  Due process in the civil can cost you your case
[26:38.640 --> 26:47.640]  A due process violation in criminal can cost the complaining party their case
[26:47.640 --> 26:50.640]  Okay, can you hear me now? There he is
[26:50.640 --> 26:53.640]  There we go, we are back, had to get a new mic
[26:53.640 --> 26:58.640]  I've done the best I could to ramble until you got back
[26:58.640 --> 27:02.640]  I wore that mic out
[27:02.640 --> 27:11.640]  Okay, due process, and I say that you won't win your case just because you have the law and the facts on your side
[27:11.640 --> 27:16.640]  But you'll only win your case if you have politics on your side
[27:16.640 --> 27:23.640]  But if you don't have the law and the facts on your side, politics won't help you
[27:23.640 --> 27:31.640]  So just to clarify that, if we don't have due process, we don't have anything
[27:31.640 --> 27:41.640]  And we have to structure our case, we have to know what due process is, know when it's violated, raise the issues
[27:41.640 --> 27:49.640]  But where you have judges that rule based on what's politically expedient
[27:49.640 --> 27:54.640]  We have to consider that political part as well
[27:54.640 --> 28:02.640]  But first we have to get all the law and the facts in place
[28:02.640 --> 28:07.640]  So this is kind of what we wanted to go through tonight is
[28:07.640 --> 28:14.640]  What you should know about what's going to happen when you get arrested
[28:14.640 --> 28:17.640]  As opposed to what should happen when you get arrested
[28:17.640 --> 28:23.640]  First thing that should happen is you should be taken directly to the nearest magistrate
[28:23.640 --> 28:27.640]  So that the police officer can explain himself
[28:27.640 --> 28:31.640]  And it's not because they don't trust the police officer
[28:31.640 --> 28:38.640]  That was put in place 1216 when they drug King John's down to the River Thames
[28:38.640 --> 28:42.640]  And then Dukes threatened to cut his head off if he didn't sign a Magna Carta like he promised to
[28:42.640 --> 28:46.640]  Before they went and helped him throw the French out
[28:46.640 --> 28:49.640]  The French were attacking across the channel
[28:49.640 --> 28:53.640]  And John didn't have enough of a military of his own to fight them
[28:53.640 --> 28:58.640]  So he told the Dukes if they will bring their armies
[28:58.640 --> 29:05.640]  And repel the French invasion that he would sign the Magna Carta
[29:05.640 --> 29:09.640]  And after they did what they said they would do he wouldn't sign
[29:09.640 --> 29:13.640]  They take him down to the River Thames to cut his head off to get him to sign and he did
[29:13.640 --> 29:16.640]  Well that established due process
[29:16.640 --> 29:19.640]  It put magistrates in place
[29:19.640 --> 29:22.640]  It put magistrates all around the county
[29:22.640 --> 29:26.640]  You'll notice that we have JP's
[29:26.640 --> 29:30.640]  And the JP's are positioned in precincts around the county
[29:30.640 --> 29:35.640]  And that was done so that at the time if you were arrested
[29:35.640 --> 29:40.640]  There was always a magistrate within at least less than a day's ride
[29:40.640 --> 29:43.640]  So you could be taken directly to a magistrate
[29:43.640 --> 29:46.640]  We'll be right back, this is Randy Kelton, Steve Skidmore
[29:46.640 --> 29:49.640]  We'll have our radio, our call in number
[29:49.640 --> 29:51.640]  512-646-1984
[29:51.640 --> 29:54.640]  Give us a call, we'll have the phones open all night
[29:54.640 --> 29:57.640]  We'll be right back
[30:02.640 --> 30:05.640]  To search online you type a query into a search box
[30:05.640 --> 30:09.640]  But Google has a new way to answer your questions before you leave and ask them
[30:09.640 --> 30:15.640]  I'm Dr. Catherine Albrecht and I'll tell you how Google starts on privacy to do this next
[30:15.640 --> 30:17.640]  Privacy is under attack
[30:17.640 --> 30:21.640]  When you give up data about yourself you'll never get it back again
[30:21.640 --> 30:26.640]  And once your privacy is gone you'll find your freedoms will start to vanish too
[30:26.640 --> 30:31.640]  So protect your rights, say no to surveillance and keep your information to yourself
[30:31.640 --> 30:34.640]  Privacy, it's worth hanging on to
[30:34.640 --> 30:37.640]  This message is brought to you by Startpage.com
[30:37.640 --> 30:41.640]  The private search engine alternative to Google, Yahoo and Bing
[30:41.640 --> 30:44.640]  Start over with Startpage
[30:44.640 --> 30:49.640]  Online searching has always involved a blank search box and a question
[30:49.640 --> 30:54.640]  But now Google wants to give search results to Android users before they've even thought of the questions
[30:54.640 --> 30:59.640]  With Google Now your search engine watches you and knows you inside and out
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[31:12.640 --> 31:14.640]  No effort on your part required
[31:14.640 --> 31:19.640]  Obviously for this system to work Google needs to know an awful lot about you
[31:19.640 --> 31:23.640]  Some might call Google Now the future, I just call it creepy
[31:23.640 --> 31:37.640]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine
[31:53.640 --> 32:01.640]  If that saves you space, time and money call 888-910-4367 only at lusa.org
[32:01.640 --> 32:05.640]  Rule of Law Radio is proud to offer the rule of law traffic seminar
[32:05.640 --> 32:08.640]  In today's America we live in an us against them society
[32:08.640 --> 32:10.640]  And if we the people are ever going to have a free society
[32:10.640 --> 32:13.640]  Then we're going to have to stand and defend our own rights
[32:13.640 --> 32:15.640]  Among those rights are the right to travel freely from place to place
[32:15.640 --> 32:17.640]  The right to act in our own private capacity
[32:17.640 --> 32:20.640]  And most importantly the right to due process of law
[32:20.640 --> 32:23.640]  Traffic courts afford us the least expensive opportunity
[32:23.640 --> 32:26.640]  To learn how to enforce and preserve our rights through due process
[32:26.640 --> 32:29.640]  Former Sheriff's Deputy Eddie Craig in conjunction with Rule of Law Radio
[32:29.640 --> 32:32.640]  Has put together the most comprehensive teaching tool available
[32:32.640 --> 32:34.640]  That will help you understand what due process is
[32:34.640 --> 32:36.640]  And how to hold the courts to the rule of law
[32:36.640 --> 32:38.640]  You can get your own copy of this invaluable material
[32:38.640 --> 32:41.640]  By going to ruleoflawradio.com and ordering your copy today
[32:41.640 --> 32:43.640]  By ordering now you'll receive a copy of Eddie's book
[32:43.640 --> 32:46.640]  The Texas Transportation Code, The Law Versus the Lie
[32:46.640 --> 32:48.640]  Video and audio of the original 2009 seminar
[32:48.640 --> 32:51.640]  And hundreds of research documents and other useful resource material
[32:51.640 --> 32:53.640]  Learn how to fight for your rights with the help of this material
[32:53.640 --> 32:56.640]  From ruleoflawradio.com, order your copy today
[32:56.640 --> 33:00.640]  And together we can have the free society we all want and deserve
[33:04.640 --> 33:07.640]  You're listening to the Logos Radio Network
[33:07.640 --> 33:11.640]  At logosradionetwork.com
[33:11.640 --> 33:17.640]  Yeah, I got a warrant
[33:17.640 --> 33:20.640]  And I'm going to solve them
[33:20.640 --> 33:23.640]  To the government them
[33:23.640 --> 33:25.640]  To prosecute them
[33:25.640 --> 33:27.640]  Okay
[33:27.640 --> 33:31.640]  Who's that?
[33:31.640 --> 33:34.640]  This person's a risk
[33:34.640 --> 33:36.640]  From the taboosh
[33:36.640 --> 33:39.640]  This person's a risk
[33:39.640 --> 33:41.640]  From the taboosh
[33:41.640 --> 33:44.640]  Well, I need a prosecutor to come and help me
[33:44.640 --> 33:47.640]  Prosecute them wicked leaders, you see
[33:47.640 --> 33:49.640]  They're all liars, they tell me
[33:49.640 --> 33:51.640]  They're all liars, they tell sweet stories
[33:51.640 --> 33:53.640]  I don't believe what they tell me
[33:53.640 --> 33:56.640]  3% of America vote for Bush
[33:56.640 --> 33:59.640]  So how the hell did he get the presidency?
[33:59.640 --> 34:01.640]  That's why I have a warrant for him
[34:01.640 --> 34:03.640]  Everybody listen carefully
[34:03.640 --> 34:05.640]  Listen to the words of the three shoes
[34:05.640 --> 34:09.640]  This person's a risk
[34:09.640 --> 34:11.640]  From the taboosh
[34:11.640 --> 34:13.640]  I want a warrant
[34:13.640 --> 34:15.640]  On the chain
[34:15.640 --> 34:17.640]  This person's a risk
[34:17.640 --> 34:19.640]  From the taboosh
[34:19.640 --> 34:21.640]  I want a warrant
[34:21.640 --> 34:23.640]  On the chain
[34:23.640 --> 34:26.640]  Well, when a fool gets robbed, spilled
[34:26.640 --> 34:28.640]  Warrant for him
[34:28.640 --> 34:30.640]  All the cheney, warrant for him
[34:30.640 --> 34:32.640]  Tried to bump the citizens in the country
[34:32.640 --> 34:35.640]  Them getting so mad and them getting angry
[34:35.640 --> 34:37.640]  We have some warrant we need to solve
[34:37.640 --> 34:39.640]  Need a prosecutor to come and help me
[34:39.640 --> 34:42.640]  Prosecutor from any state you live
[34:42.640 --> 34:44.640]  Come over and then we show them too
[34:44.640 --> 34:46.640]  Hear them tell you what me tell you
[34:46.640 --> 34:49.640]  Three shoes, that's the truth, that is true
[34:49.640 --> 34:51.640]  Hey Silverstein, you do
[34:51.640 --> 34:54.640]  You get the citizens arrested
[34:54.640 --> 34:56.640]  Silverstein and Hamilton King
[34:56.640 --> 34:59.640]  You know them and they ain't no clean
[34:59.640 --> 35:01.640]  Everybody bring them in
[35:01.640 --> 35:03.640]  Okay, we are back
[35:03.640 --> 35:07.640]  Randy Kelton, Steve Skidmore, Rubla Radio
[35:07.640 --> 35:12.640]  And we're talking about due process
[35:12.640 --> 35:14.640]  Once a person is arrested
[35:14.640 --> 35:16.640]  Even if it's on an existing warrant
[35:16.640 --> 35:20.640]  They must take you directly to the nearest magistrate
[35:20.640 --> 35:23.640]  And the magistrates are positioned all around the county
[35:23.640 --> 35:25.640]  So they're not so far away
[35:25.640 --> 35:28.640]  And the officer must explain himself
[35:28.640 --> 35:32.640]  And primarily that's not because they don't trust the police officer
[35:32.640 --> 35:38.640]  It's so that the public won't have to be afraid of the police
[35:38.640 --> 35:43.640]  And that's a serious problem when they stop doing that
[35:43.640 --> 35:48.640]  Because it appears clear they want you to be afraid of the police
[35:48.640 --> 35:54.640]  It was the intention that if a policeman arrests you for any reason
[35:54.640 --> 35:59.640]  He is to take you directly to the nearest magistrate and explain himself
[35:59.640 --> 36:04.640]  And that's so that you wouldn't have to worry about a police officer
[36:04.640 --> 36:08.640]  Having the power to arrest and imprison
[36:08.640 --> 36:14.640]  He could arrest but it wasn't intended that he should hold the key to the jailhouse door
[36:14.640 --> 36:17.640]  That was left to the magistrate
[36:17.640 --> 36:22.640]  Well they have totally taken that out of the equation
[36:22.640 --> 36:25.640]  And I get ahead of myself
[36:25.640 --> 36:31.640]  A magistration, I'm sorry, an examining trial
[36:31.640 --> 36:35.640]  2.11 Texas Code of Criminal Procedure says
[36:35.640 --> 36:41.640]  When a magistrate sits for the purpose of examining into a criminal accusation
[36:41.640 --> 36:44.640]  That is an examining trial
[36:44.640 --> 36:49.640]  Well the only thing, there's only three things a magistrate can do
[36:49.640 --> 36:52.640]  He can marry people
[36:52.640 --> 36:56.640]  That's so he can make a few extra bucks on the side
[36:56.640 --> 36:59.640]  In his capacity as a magistrate
[36:59.640 --> 37:02.640]  He can hold an examining trial and set bail
[37:02.640 --> 37:04.640]  That's it
[37:04.640 --> 37:09.640]  That's the only purpose for a magistrate
[37:09.640 --> 37:15.640]  And every judge, as Steve made clear on a previous show, wears two hats
[37:15.640 --> 37:19.640]  He wears a judge's hat and he wears a magistrate's hat
[37:19.640 --> 37:26.640]  So when someone comes before a judge and makes an accusation of a violation of a penal law
[37:26.640 --> 37:31.640]  The judge's, the individual's judge hat comes off
[37:31.640 --> 37:33.640]  His magistrate's hat goes on
[37:33.640 --> 37:38.640]  And he has a duty to examine into the sufficiency of the accusation
[37:38.640 --> 37:41.640]  Well the officer is supposed to take you to him
[37:41.640 --> 37:46.640]  And the judge decides if you go to jail or not or stand in answer to the crime
[37:46.640 --> 37:49.640]  Not the police officer
[37:49.640 --> 37:51.640]  They don't do that at all
[37:51.640 --> 37:55.640]  And that's a serious due process violation
[37:55.640 --> 38:03.640]  The only reason they can continue to not do that is because we're not bringing it up
[38:03.640 --> 38:06.640]  We're not taking them to task for it
[38:06.640 --> 38:09.640]  And we should, we need to
[38:09.640 --> 38:13.640]  Every time someone's arrested they should go directly to the nearest magistrate
[38:13.640 --> 38:17.640]  Now the only reason they can be doing it the way they are
[38:17.640 --> 38:21.640]  It's certainly not for convenience
[38:21.640 --> 38:24.640]  It's certainly not to save money
[38:24.640 --> 38:30.640]  And it's not because the magistrates wouldn't do an examining trial if they were brought to them
[38:30.640 --> 38:35.640]  I talked to my prosecutor and asked him if he had a problem
[38:35.640 --> 38:41.640]  With a police officer arresting a person and taking that person directly to the nearest magistrate
[38:41.640 --> 38:44.640]  He said he wouldn't have a problem at all
[38:44.640 --> 38:46.640]  There's a lot of cases I wouldn't have to deal with
[38:46.640 --> 38:50.640]  The magistrate would just dispose of them
[38:50.640 --> 38:53.640]  I talked to magistrates, do you have any problem doing an examining trial
[38:53.640 --> 38:57.640]  And every one of them said they wouldn't have a problem at all
[38:57.640 --> 39:01.640]  I talked to police officers, would you have any problem taking somebody you arrested
[39:01.640 --> 39:04.640]  To the nearest magistrate and explaining why you arrest him
[39:04.640 --> 39:08.640]  He said I wouldn't care, you're making a difference to me
[39:08.640 --> 39:11.640]  So what's going on here?
[39:11.640 --> 39:15.640]  Nobody cares, nobody would mind doing it
[39:15.640 --> 39:20.640]  It's very clear in law, it's absolutely abundantly clear in law
[39:20.640 --> 39:25.640]  There's massive amounts of case law on this issue but nobody's doing it
[39:25.640 --> 39:28.640]  Somebody's not paying attention
[39:28.640 --> 39:32.640]  And this we cannot blame on the police
[39:32.640 --> 39:37.640]  On the prosecutors or on the magistrates
[39:37.640 --> 39:40.640]  This we blame on us
[39:40.640 --> 39:43.640]  We haven't stood up and demanded it
[39:43.640 --> 39:51.640]  So we've let them make a series of seemingly minor adjustments
[39:51.640 --> 39:58.640]  Toward administrative convenience and adjudicative expediency
[39:58.640 --> 40:04.640]  And let the system deteriorate to the point that everybody hates it
[40:04.640 --> 40:06.640]  The police hate it
[40:06.640 --> 40:10.640]  I don't know of a single police officer who became a police officer
[40:10.640 --> 40:14.640]  So that he could go out there and be a jackbooted thug
[40:14.640 --> 40:19.640]  I don't know of a single lawyer who went to law school
[40:19.640 --> 40:22.640]  So that he could spend the rest of his professional career
[40:22.640 --> 40:26.640]  Kissing some arrogant judges behind
[40:26.640 --> 40:29.640]  They didn't create these systems
[40:29.640 --> 40:32.640]  They just inherited them
[40:32.640 --> 40:35.640]  You and I, we created this system
[40:35.640 --> 40:41.640]  We created this system because we did not use the checks and balances put in place
[40:41.640 --> 40:44.640]  We forgot
[40:44.640 --> 40:47.640]  They are public servants
[40:47.640 --> 40:50.640]  You are the masters
[40:50.640 --> 40:54.640]  It is our job to keep our servants in line
[40:54.640 --> 40:59.640]  The best we don't wait until they do something horrendous
[40:59.640 --> 41:03.640]  I had a bailiff push me out the courthouse door
[41:03.640 --> 41:07.640]  Knocked me down, broke my elbow
[41:07.640 --> 41:10.640]  I didn't go after him for that
[41:10.640 --> 41:12.640]  Because that would have ended his career
[41:12.640 --> 41:14.640]  And he didn't mean to knock me down, to his credit
[41:14.640 --> 41:17.640]  He just was annoyed at me
[41:17.640 --> 41:21.640]  And was a little over aggressive and not even a lot
[41:21.640 --> 41:23.640]  It was truly an accident
[41:23.640 --> 41:25.640]  He shouldn't have put his hand on me
[41:25.640 --> 41:29.640]  But he certainly didn't mean to do me any harm
[41:29.640 --> 41:31.640]  That could have ended his career
[41:31.640 --> 41:33.640]  20 year career and he loses his pension
[41:33.640 --> 41:36.640]  He loses everything over this error
[41:36.640 --> 41:42.640]  Because he had had a career of ignoring the rules
[41:42.640 --> 41:47.640]  Doing pretty much whatever he felt was proper and appropriate at the time
[41:47.640 --> 41:51.640]  Without any oversight
[41:51.640 --> 41:57.640]  So he did what seemed to work well for him
[41:57.640 --> 42:01.640]  And we had rules to prevent him doing certain things
[42:01.640 --> 42:07.640]  To keep from something just like what happened from occurring
[42:07.640 --> 42:09.640]  But he only did that kind of stuff
[42:09.640 --> 42:15.640]  Because you and I as the masters
[42:15.640 --> 42:19.640]  Didn't jump up and down and rail in righteous indignation
[42:19.640 --> 42:24.640]  The first time he stepped half inch across the legal line
[42:24.640 --> 42:26.640]  You know, it's like my grandkids
[42:26.640 --> 42:28.640]  I'd love them dearly
[42:28.640 --> 42:30.640]  But if one of them runs out in the street
[42:30.640 --> 42:32.640]  I'm fixing to tan his heart
[42:32.640 --> 42:33.640]  That's what I talk about on the air
[42:33.640 --> 42:35.640]  I file criminal complaints all the time
[42:35.640 --> 42:39.640]  But I never want anybody entitled
[42:39.640 --> 42:41.640]  I just want to follow law
[42:41.640 --> 42:45.640]  Much better if I can sting an official
[42:45.640 --> 42:48.640]  Over a really minor thing
[42:48.640 --> 42:50.640]  Something that won't cost him his job
[42:50.640 --> 42:53.640]  But surprise him
[42:53.640 --> 42:57.640]  Catch him not expecting
[42:57.640 --> 43:02.640]  That all this trouble can come out of something so minor
[43:02.640 --> 43:06.640]  How much worse the trouble that can come out of something more serious
[43:06.640 --> 43:09.640]  Like him knocking me down and breaking my elbow
[43:09.640 --> 43:12.640]  So my suggestion to all of you
[43:12.640 --> 43:14.640]  If we're going to fix this system
[43:14.640 --> 43:16.640]  We're going to have to fix it
[43:16.640 --> 43:18.640]  Officers aren't going to fix it
[43:18.640 --> 43:20.640]  I had three different sheriff's deputies come to me
[43:20.640 --> 43:22.640]  And ask me if I could do something
[43:22.640 --> 43:24.640]  To get rid of a deputy
[43:24.640 --> 43:26.640]  That they had to deal with
[43:26.640 --> 43:28.640]  That was making them all look bad
[43:28.640 --> 43:32.640]  But they had no way of getting rid of him
[43:32.640 --> 43:36.640]  They needed somebody outside the system to do it
[43:36.640 --> 43:38.640]  And that's our job
[43:38.640 --> 43:40.640]  We're the ones
[43:40.640 --> 43:42.640]  I'm going to do at least one more segment
[43:42.640 --> 43:44.640]  Deliverance, I see you there
[43:44.640 --> 43:46.640]  We're going to get on this
[43:46.640 --> 43:48.640]  And then we will go to your call
[43:48.640 --> 43:50.640]  This is Randy Kelton, Steve Skidmore
[43:50.640 --> 43:52.640]  We have our radio, our calling number
[43:52.640 --> 43:54.640]  512-646-1984
[43:54.640 --> 43:56.640]  Give us a call
[43:56.640 --> 43:58.640]  We'll start taking calls after the next segment
[43:58.640 --> 44:00.640]  We'll be right back
[44:00.640 --> 44:04.640]  Hello, my name is Stuart Smith
[44:04.640 --> 44:06.640]  From naturespureorganics.com
[44:06.640 --> 44:08.640]  And I would like to invite you to come by our store
[44:08.640 --> 44:10.640]  At 1904 Guadalupe Street, Suite D
[44:10.640 --> 44:12.640]  Here in Austin, Texas
[44:12.640 --> 44:14.640]  To see all our fantastic health and wellness products
[44:14.640 --> 44:16.640]  With your very own eyes
[44:16.640 --> 44:18.640]  Have a look at our miracle healing clay
[44:18.640 --> 44:20.640]  That started our adventure in alternative medicine
[44:20.640 --> 44:22.640]  Take a peek at some of our other wonderful products
[44:22.640 --> 44:24.640]  Including our Australian emu oil
[44:24.640 --> 44:26.640]  Lotion candles, olive oil, soaps
[44:26.640 --> 44:28.640]  And colloidal silver and gold
[44:28.640 --> 44:30.640]  Call 512-264-4043
[44:30.640 --> 44:32.640]  Or find us online at naturespureorganics.com
[44:32.640 --> 44:34.640]  That's 512-264-4043
[44:34.640 --> 44:36.640]  naturespureorganics.com
[44:36.640 --> 44:42.640]  That's 512-264-4043 naturespureorganics.com
[44:42.640 --> 44:44.640]  Don't forget to like us on Facebook
[44:44.640 --> 44:46.640]  For information on events and our products
[44:46.640 --> 44:48.640]  naturespureorganics.com
[45:00.640 --> 45:03.640]  Are you the plaintiff or defendant in a lawsuit?
[45:03.640 --> 45:07.640]  Win your case without an attorney with Juris Dictionary
[45:07.640 --> 45:10.640]  The affordable, easy to understand, 4 CD course
[45:10.640 --> 45:13.640]  That will show you how in 24 hours
[45:13.640 --> 45:15.640]  Step by step
[45:15.640 --> 45:18.640]  If you have a lawyer, know what your lawyer should be doing
[45:18.640 --> 45:22.640]  If you don't have a lawyer, know what you should do for yourself
[45:22.640 --> 45:25.640]  Thousands have won with our step by step course
[45:25.640 --> 45:27.640]  And now you can too
[45:27.640 --> 45:30.640]  Juris Dictionary was created by a licensed attorney
[45:30.640 --> 45:33.640]  With 22 years of case winning experience
[45:33.640 --> 45:35.640]  Even if you're not in a lawsuit
[45:35.640 --> 45:38.640]  You can learn what everyone should understand
[45:38.640 --> 45:40.640]  About the principles and practices
[45:40.640 --> 45:42.640]  That control our American courts
[45:42.640 --> 45:44.640]  You'll receive our audio classroom
[45:44.640 --> 45:46.640]  Video seminar
[45:46.640 --> 45:47.640]  Tutorials
[45:47.640 --> 45:49.640]  Forms for civil cases
[45:49.640 --> 45:50.640]  Pro se tactics
[45:50.640 --> 45:51.640]  And much more
[45:51.640 --> 45:54.640]  Please visit ruleoflawradio.com
[45:54.640 --> 45:56.640]  And click on the banner
[45:56.640 --> 46:00.640]  Or call toll free 866-LAW-EASY
[46:26.640 --> 46:29.640]  Be careful what I'm wishing for
[46:29.640 --> 46:32.640]  When I'm hungry I like to know
[46:32.640 --> 46:34.640]  Just what I'm fishing for
[46:34.640 --> 46:37.640]  I ain't asking for much
[46:37.640 --> 46:40.640]  I ain't trying to be no glutton
[46:40.640 --> 46:43.640]  I'm just here making my living
[46:43.640 --> 46:46.640]  Pushing buttons
[46:46.640 --> 46:49.640]  I'll give my message out
[46:49.640 --> 46:52.640]  In one shout and distance
[46:52.640 --> 46:57.640]  Okay, we are back, Randy Kelton, Steve Skidmore
[46:57.640 --> 47:00.640]  Back from having too much fun on the break
[47:00.640 --> 47:03.640]  And we're talking about due process
[47:03.640 --> 47:07.640]  And our responsibility for ensuring
[47:07.640 --> 47:11.640]  That our police enforce our laws
[47:11.640 --> 47:14.640]  I'm going to go through due process relatively quickly
[47:14.640 --> 47:18.640]  Because we have some callers
[47:18.640 --> 47:20.640]  A policeman wants to arrest you
[47:20.640 --> 47:22.640]  And take you directly to the nearest magistrate
[47:22.640 --> 47:25.640]  And the magistrate is to hold an examining trial
[47:25.640 --> 47:28.640]  Under Chapter 16 Code of Criminal Procedure
[47:28.640 --> 47:31.640]  Now if you get taken to jail
[47:31.640 --> 47:34.640]  They'll take you before a magistrate
[47:34.640 --> 47:37.640]  And the magistrate will do a magistration
[47:37.640 --> 47:42.640]  Well, if you type magistration into a word processor
[47:42.640 --> 47:45.640]  It'll pull a red line under it
[47:45.640 --> 47:48.640]  Because it doesn't recognize it
[47:48.640 --> 47:50.640]  And if you look it up in Webster's
[47:50.640 --> 47:53.640]  The Webster's won't recognize it
[47:53.640 --> 47:55.640]  They made it up
[47:55.640 --> 47:59.640]  They made it up to describe a procedure
[47:59.640 --> 48:02.640]  That does not comply with law
[48:02.640 --> 48:04.640]  When you're arrested for any reason
[48:04.640 --> 48:07.640]  You're required to be taken before a magistrate
[48:07.640 --> 48:09.640]  For an examining trial
[48:09.640 --> 48:12.640]  We have a whole chapter in Code of Criminal Procedure
[48:12.640 --> 48:15.640]  Chapter 16 tells all the things
[48:15.640 --> 48:19.640]  The judge is supposed to do at an examining trial
[48:19.640 --> 48:23.640]  And if you've ever watched the program Night Court
[48:23.640 --> 48:24.640]  It was on a long time ago
[48:24.640 --> 48:26.640]  It was a comedy
[48:26.640 --> 48:31.640]  And the prosecutor was this Larroquette
[48:31.640 --> 48:34.640]  Anyway, it was a pretty good program
[48:34.640 --> 48:37.640]  But it was set in New York
[48:37.640 --> 48:39.640]  And if someone was arrested
[48:39.640 --> 48:41.640]  They were taken before the night court
[48:41.640 --> 48:42.640]  If it was at night
[48:42.640 --> 48:46.640]  Where they had a magistrate sitting for the purpose of
[48:46.640 --> 48:49.640]  Examining into a criminal accusation
[48:49.640 --> 48:51.640]  They still do that in New York
[48:51.640 --> 48:54.640]  New York is the only state I know of
[48:54.640 --> 48:58.640]  Where they actually do this the way it's supposed to be done
[48:58.640 --> 49:00.640]  If you're arrested
[49:00.640 --> 49:02.640]  You are held long enough
[49:02.640 --> 49:08.640]  For a lawyer to be appointed for the purpose of this hearing
[49:08.640 --> 49:11.640]  You're brought before the magistrate
[49:11.640 --> 49:13.640]  The policeman makes his case
[49:13.640 --> 49:16.640]  You give your arguments as to why you shouldn't be arrested
[49:16.640 --> 49:18.640]  Or why you're not guilty of the crime
[49:18.640 --> 49:21.640]  And the magistrate determines
[49:21.640 --> 49:25.640]  Whether or not there is sufficient evidence
[49:25.640 --> 49:28.640]  To believe that a crime has been committed
[49:28.640 --> 49:30.640]  And that you committed it
[49:30.640 --> 49:32.640]  If there's not, he sends you home
[49:32.640 --> 49:35.640]  And it's all over, it's done with
[49:35.640 --> 49:38.640]  If the policeman really thinks you committed a crime
[49:38.640 --> 49:40.640]  He needs to go find more evidence
[49:40.640 --> 49:43.640]  That's the way it's supposed to be done
[49:43.640 --> 49:47.640]  Only in New York is it done that way
[49:47.640 --> 49:51.640]  Everywhere else, they just take you and throw you in jail
[49:51.640 --> 49:54.640]  And the case law is absolutely clear
[49:54.640 --> 49:58.640]  A policeman's only defense against an accusation
[49:58.640 --> 50:02.640]  Of false imprisonment for failure to timely take before a magistrate
[50:02.640 --> 50:08.640]  Is a showing of due diligence and effort to locate a magistrate
[50:08.640 --> 50:11.640]  If it's after normal business hours late at night
[50:11.640 --> 50:14.640]  They can hold you till the next morning
[50:14.640 --> 50:18.640]  Magistrate's not required to be up on call 24 hours
[50:18.640 --> 50:23.640]  But with the population increasing the way it has
[50:23.640 --> 50:25.640]  There are so many arrests in Texas
[50:25.640 --> 50:27.640]  There's a million a year
[50:27.640 --> 50:29.640]  When these were put in places
[50:29.640 --> 50:33.640]  There was hardly a couple million people in Europe
[50:33.640 --> 50:36.640]  Now we've got 300 million in the US
[50:36.640 --> 50:39.640]  We've got lots of arrests
[50:39.640 --> 50:43.640]  It's reasonable to have a magistrate available 24-7
[50:43.640 --> 50:45.640]  Just like they do in New York
[50:45.640 --> 50:48.640]  So the policeman can take the person before the magistrate
[50:48.640 --> 50:50.640]  So you don't have to be afraid of the policeman
[50:50.640 --> 50:53.640]  And it shows, if you go to New York
[50:53.640 --> 50:56.640]  For all the stuff you hear about the police
[50:56.640 --> 51:01.640]  I don't think I've been anywhere where the police were more congenial
[51:01.640 --> 51:05.640]  And less afraid of me than in New York
[51:05.640 --> 51:07.640]  You get pulled over in Texas
[51:07.640 --> 51:13.640]  The police are absolutely terrified
[51:13.640 --> 51:17.640]  They are taught to think that every person they pull over
[51:17.640 --> 51:21.640]  Has got a gun in his hand waiting to shoot you
[51:21.640 --> 51:25.640]  And if the person doesn't do exactly what you say when you say it
[51:25.640 --> 51:28.640]  If he objects in any way
[51:28.640 --> 51:30.640]  Then he is a threat to your life
[51:30.640 --> 51:32.640]  He's about to murder you
[51:32.640 --> 51:36.640]  I had a policeman called out
[51:36.640 --> 51:38.640]  I was up on a roof doing some work
[51:38.640 --> 51:40.640]  And some woman saw my car out in the parking lot
[51:40.640 --> 51:43.640]  And thought I had followed her
[51:43.640 --> 51:44.640]  And called the police
[51:44.640 --> 51:45.640]  I had this new avalanche
[51:45.640 --> 51:47.640]  And they were an unusual car
[51:47.640 --> 51:49.640]  So she saw it out there
[51:49.640 --> 51:50.640]  And she saw it somewhere else
[51:50.640 --> 51:51.640]  And she thought I followed her
[51:51.640 --> 51:53.640]  Well, the police came out
[51:53.640 --> 51:55.640]  And I'm up on a roof working
[51:55.640 --> 51:57.640]  So clearly I wasn't sitting in the parking lot
[51:57.640 --> 51:59.640]  Waiting for this woman to pull out of the grocery store
[51:59.640 --> 52:02.640]  And the cop wants to do his little cop thing
[52:02.640 --> 52:05.640]  So I just reached in the car and pulled out my cell phone
[52:05.640 --> 52:09.640]  He put his hand on his gun
[52:09.640 --> 52:12.640]  I told him, get your hand off that pistol
[52:12.640 --> 52:14.640]  I'm not taking my hand off the pistol
[52:14.640 --> 52:16.640]  I dialed 911 and told the dispatcher
[52:16.640 --> 52:18.640]  I got a policeman out here
[52:18.640 --> 52:20.640]  He is scared to death
[52:20.640 --> 52:22.640]  He's standing here shaking like a leaf
[52:22.640 --> 52:24.640]  With his hand on his pistol
[52:24.640 --> 52:26.640]  I'm afraid he's about to wet his drawers
[52:26.640 --> 52:29.640]  Can you get somebody out here
[52:29.640 --> 52:31.640]  To get this guy under control
[52:31.640 --> 52:35.640]  Before he shoots me because he's so terrified of me
[52:35.640 --> 52:37.640]  And the guy stood there looking at me
[52:37.640 --> 52:39.640]  With this look that said
[52:39.640 --> 52:43.640]  I don't believe you just said that to my dispatcher
[52:43.640 --> 52:46.640]  But it was true
[52:46.640 --> 52:51.640]  The guy was absolutely terrified
[52:51.640 --> 52:56.640]  What are we doing to our policeman
[52:56.640 --> 52:59.640]  Who here hasn't been stopped by a policeman
[52:59.640 --> 53:03.640]  That if you don't do exactly what he says
[53:03.640 --> 53:05.640]  Instantly when he says it
[53:05.640 --> 53:08.640]  He's got his hand on his gun
[53:08.640 --> 53:11.640]  We need to fix this
[53:11.640 --> 53:14.640]  Don't know about you but I'm a combat veteran
[53:14.640 --> 53:18.640]  And I have been on the sharp end of those things
[53:18.640 --> 53:22.640]  And I take them incredibly serious
[53:22.640 --> 53:25.640]  When the policeman puts on that pistol
[53:25.640 --> 53:28.640]  I don't expect him to be terrified of me
[53:28.640 --> 53:30.640]  If he's terrified of me
[53:30.640 --> 53:33.640]  Get that pistol off your hip
[53:33.640 --> 53:37.640]  Go out and pick up dead cats and skunks off the highway
[53:37.640 --> 53:40.640]  Where you won't wind up killing anybody
[53:40.640 --> 53:43.640]  Get somebody like the police I saw in New York
[53:43.640 --> 53:46.640]  They weren't the least bit afraid of me
[53:46.640 --> 53:49.640]  That meant they could treat me with dignity and respect
[53:49.640 --> 53:56.640]  I walked out of the bus station in Manhattan at 2 in the morning
[53:56.640 --> 53:59.640]  Police car was sitting over there
[53:59.640 --> 54:01.640]  Just kind of keeping an eye on the bus station
[54:01.640 --> 54:04.640]  And I walked over to him and I told him
[54:04.640 --> 54:06.640]  You know I'm from Texas and I'm up here in New York
[54:06.640 --> 54:08.640]  And I've been made to understand
[54:08.640 --> 54:10.640]  That you police are here to serve and protect
[54:10.640 --> 54:12.640]  And he said well yes sir we are
[54:12.640 --> 54:14.640]  Well I need a little service
[54:14.640 --> 54:17.640]  I need you to drive me over to the airport
[54:17.640 --> 54:18.640]  He said what?
[54:18.640 --> 54:20.640]  I'm not going to drive you to the airport
[54:20.640 --> 54:22.640]  I said come on come on you're bored here
[54:22.640 --> 54:23.640]  Do a little service
[54:23.640 --> 54:25.640]  And he joked back and forth
[54:25.640 --> 54:26.640]  And he told me that a bus came by
[54:26.640 --> 54:28.640]  And he said guy I sit in the car
[54:28.640 --> 54:32.640]  We sit in the car and yack while I was waiting for this bus to show up
[54:32.640 --> 54:36.640]  Guy was not the least bit afraid of me
[54:36.640 --> 54:39.640]  He didn't have to do any of that mucho macho stuff
[54:39.640 --> 54:41.640]  To scare me of him
[54:41.640 --> 54:46.640]  So that I'd be more afraid of him than he was of me
[54:46.640 --> 54:50.640]  We have tools in place to ensure that they're not afraid of us
[54:50.640 --> 54:52.640]  And that's what the magistrate's for
[54:52.640 --> 54:54.640]  If you're not afraid of the policemen
[54:54.640 --> 54:57.640]  He's not going to be afraid of you
[54:57.640 --> 55:01.640]  But we've gotten ourselves afraid of the policemen
[55:01.640 --> 55:04.640]  And then the policemen see that we're afraid of them
[55:04.640 --> 55:05.640]  Then it makes us look dangerous
[55:05.640 --> 55:06.640]  They get afraid of us
[55:06.640 --> 55:08.640]  And it's spiraled out of control
[55:08.640 --> 55:11.640]  We need to fix that
[55:11.640 --> 55:12.640]  Enough of my preaching
[55:12.640 --> 55:13.640]  I'm preaching now
[55:13.640 --> 55:18.640]  But anyway they must bring you before a magistrate
[55:18.640 --> 55:21.640]  And what they do instead is they take you to the jailer
[55:21.640 --> 55:23.640]  However the problem is
[55:23.640 --> 55:26.640]  If you're arrested and not taken directly to a magistrate
[55:26.640 --> 55:28.640]  And they take you to the jail instead
[55:28.640 --> 55:31.640]  When the jailer takes custody of you
[55:31.640 --> 55:35.640]  He has a duty to take you directly to the nearest magistrate
[55:35.640 --> 55:38.640]  And if he doesn't
[55:38.640 --> 55:40.640]  That's official oppression
[55:40.640 --> 55:42.640]  Class A misdemeanor in Texas
[55:42.640 --> 55:44.640]  Violation 3903 penal code
[55:44.640 --> 55:49.640]  In that the officer failed to perform a duty he was required to perform
[55:49.640 --> 55:52.640]  On the part of the police officer
[55:52.640 --> 55:55.640]  Official oppression
[55:55.640 --> 56:01.640]  But on committing official oppression by not taking you directly to the nearest magistrate
[56:01.640 --> 56:04.640]  He violated a law relating to his office
[56:04.640 --> 56:07.640]  That rendered him a trespasser ab initio from the beginning
[56:07.640 --> 56:09.640]  And all his acts are defeated
[56:09.640 --> 56:11.640]  That's from the case law
[56:11.640 --> 56:15.640]  So now the arrest becomes improper
[56:15.640 --> 56:17.640]  Now it's false imprisonment
[56:17.640 --> 56:23.640]  We don't have a criminal statute for false imprisonment in Texas
[56:23.640 --> 56:26.640]  The statute is kidnapping
[56:26.640 --> 56:28.640]  Problem
[56:28.640 --> 56:34.640]  Committed kidnapping while prominently displaying a deadly weapon
[56:34.640 --> 56:36.640]  That's first degree felony
[56:36.640 --> 56:38.640]  First degree felony
[56:38.640 --> 56:40.640]  22 life
[56:40.640 --> 56:44.640]  Our legislature intended
[56:44.640 --> 56:47.640]  When you put that pistol on
[56:47.640 --> 56:51.640]  It is a really really big deal
[56:51.640 --> 56:57.640]  If a public official commits simple assault
[56:57.640 --> 57:03.640]  Improper or offensive speech or touching
[57:03.640 --> 57:08.640]  And he does so while prominently displaying a deadly weapon
[57:08.640 --> 57:10.640]  In the state of Texas
[57:10.640 --> 57:13.640]  That is a first degree felony
[57:13.640 --> 57:16.640]  Our legislatures intended
[57:16.640 --> 57:18.640]  That when you put that pistol on
[57:18.640 --> 57:21.640]  You be very very careful
[57:21.640 --> 57:23.640]  Because if you don't
[57:23.640 --> 57:26.640]  It gets real serious real fast
[57:26.640 --> 57:28.640]  As far as I can tell
[57:28.640 --> 57:32.640]  No prosecutor has ever prosecuted anybody for that law
[57:32.640 --> 57:36.640]  That's 2202B2A
[57:36.640 --> 57:40.640]  2202B2B makes it a first degree felony
[57:40.640 --> 57:44.640]  If you commit assault against a public official
[57:44.640 --> 57:46.640]  While he's acting under
[57:46.640 --> 57:50.640]  Acting in his official capacity
[57:50.640 --> 57:54.640]  And there's thousands on that one
[57:54.640 --> 57:56.640]  But the first one
[57:56.640 --> 58:00.640]  The one the legislature saw fit to include first
[58:00.640 --> 58:05.640]  Was first degree felony for a public official to abuse his capacity
[58:05.640 --> 58:07.640]  While displaying a deadly weapon
[58:07.640 --> 58:10.640]  You can't resist him because he'll shoot you
[58:10.640 --> 58:14.640]  So they said this is real serious guys
[58:14.640 --> 58:16.640]  22 life if you do that
[58:16.640 --> 58:18.640]  But they do it all the time
[58:18.640 --> 58:20.640]  With absolute impunity
[58:20.640 --> 58:22.640]  And that's because we haven't taken the task
[58:22.640 --> 58:24.640]  So when we come back
[58:24.640 --> 58:26.640]  I'll take your call deliverance
[58:26.640 --> 58:28.640]  And share NIC there
[58:28.640 --> 58:32.640]  I'll call you at number 512-646-1984
[58:32.640 --> 58:33.640]  Give us a call
[58:33.640 --> 58:35.640]  We'll have the phone lines open all night
[58:35.640 --> 58:37.640]  We'll be taking questions on
[58:37.640 --> 58:39.640]  Due process or foreclosure
[58:39.640 --> 58:43.640]  Or any subject that suits your fancy
[58:43.640 --> 58:44.640]  Give us a call
[58:44.640 --> 58:46.640]  We'll be right back
[58:46.640 --> 58:50.640]  Would you like to make more definite progress in your walk with God?
[58:50.640 --> 58:54.640]  Bibles for America is offering a free study Bible
[58:54.640 --> 58:57.640]  And a set of free Christian books that can really help
[58:57.640 --> 59:02.640]  The New Testament recovery version is one of the most comprehensive study Bibles available today
[59:02.640 --> 59:06.640]  It's an accurate translation and it contains thousands of footnotes
[59:06.640 --> 59:09.640]  That will help you to know God and to know the meaning of life
[59:09.640 --> 59:12.640]  The free books are a three volume set called
[59:12.640 --> 59:17.640]  Basic Elements of the Christian Life
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[59:21.640 --> 59:23.640]  Clearly presents God's plan of salvation
[59:23.640 --> 59:25.640]  Growing in Christ
[59:25.640 --> 59:27.640]  And how to build up the church
[59:27.640 --> 59:30.640]  To order your free New Testament recovery version
[59:30.640 --> 59:33.640]  And Basic Elements of the Christian Life
[59:33.640 --> 59:35.640]  Call Bibles for America toll free
[59:35.640 --> 59:40.640]  At 888-551-0102
[59:40.640 --> 59:44.640]  That's 888-551-0102
[59:44.640 --> 59:49.640]  Or visit us online at bfa.org
[01:00:02.640 --> 01:00:04.640]  This is the Liberty Beat
[01:00:04.640 --> 01:00:06.640]  Your daily source for Liberty News and activist updates
[01:00:06.640 --> 01:00:08.640]  Online at thelibertybeat.com
[01:00:08.640 --> 01:00:12.640]  I'm Brian Hagan with your Liberty Beat for Thursday, June 12, 2014
[01:00:12.640 --> 01:00:14.640]  Gold opened today at $1,264
[01:00:14.640 --> 01:00:17.640]  Silver opened at $19.27
[01:00:17.640 --> 01:00:20.640]  And Bitcoin is trading at $6.2641
[01:00:20.640 --> 01:00:22.640]  Support for the Liberty Beat comes from Voice and Exit
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[01:00:26.640 --> 01:00:28.640]  Get 10% off with promo code FREEDOM
[01:00:28.640 --> 01:00:30.640]  June 21 at Austin Music Hall
[01:00:30.640 --> 01:00:33.640]  Get yours, voiceandexit.com
[01:00:33.640 --> 01:00:35.640]  And support comes from Accountable with Warning
[01:00:35.640 --> 01:00:38.640]  Now offering a public database of police abuse and misconduct
[01:00:38.640 --> 01:00:41.640]  Online at accountableauthority.com
[01:00:41.640 --> 01:00:45.640]  In the news, supporters, neighbors and family members gathered at a memorial
[01:00:45.640 --> 01:00:48.640]  Honoring the 27-year-old Florida MMA fighter
[01:00:48.640 --> 01:00:50.640]  Who was executed by the FBI last year
[01:00:50.640 --> 01:00:55.640]  For his alleged connection to Boston bomber suspect Tamerlane Sarniam
[01:00:55.640 --> 01:00:59.640]  Ibrahim Todashev was shot seven times in his Orlando condo
[01:00:59.640 --> 01:01:02.640]  During a final round of interrogation by FBI officials
[01:01:02.640 --> 01:01:05.640]  All of whom have been cleared of any wrongdoing in the killing
[01:01:05.640 --> 01:01:08.640]  Investigative reporter Julie Wilson attended the memorial
[01:01:08.640 --> 01:01:11.640]  And spoke to nearby residents who doubt the FBI's narrative
[01:01:11.640 --> 01:01:13.640]  Of what happened that late summer night
[01:01:13.640 --> 01:01:16.640]  When I heard about the investigations, I said, this is a sham
[01:01:16.640 --> 01:01:18.640]  OPD don't want to get involved
[01:01:18.640 --> 01:01:21.640]  And I always thought the FBI was straight up
[01:01:21.640 --> 01:01:24.640]  But when I heard that he unloaded seven shots on this guy
[01:01:24.640 --> 01:01:26.640]  It could have been a personal thing
[01:01:26.640 --> 01:01:27.640]  They don't even know the guy's name
[01:01:27.640 --> 01:01:30.640]  Usually they got the cop's name or the agent's name
[01:01:30.640 --> 01:01:31.640]  No names
[01:01:31.640 --> 01:01:34.640]  For the complete story, go to thelibertymeet.com
[01:01:36.640 --> 01:01:40.640]  On Tuesday, the Supreme Court ruled that police officers may enter and search a home without a warrant
[01:01:40.640 --> 01:01:43.640]  As long as one occupant gives consent
[01:01:43.640 --> 01:01:47.640]  Ruling 6-3, the court gives law enforcement greater authority to search homes
[01:01:47.640 --> 01:01:50.640]  Even when an occupant has previously denied entering
[01:01:50.640 --> 01:01:54.640]  Justice Samuel Alito Jr. said police officers do not need to wait for magistrate approval
[01:01:54.640 --> 01:01:56.640]  Before entering a home
[01:01:56.640 --> 01:01:59.640]  The dissenting judges warned the ruling would erode Fourth Amendment protections
[01:01:59.640 --> 01:02:01.640]  From warrantless home searches
[01:02:04.640 --> 01:02:07.640]  Google acquired Skybox, a company that provides high-res photos and video
[01:02:07.640 --> 01:02:10.640]  Using low-cost satellites for $500 million
[01:02:10.640 --> 01:02:13.640]  Extending their reach far beyond the Internet
[01:02:13.640 --> 01:02:17.640]  Skybox transforms mass quantities of unstructured data into revenue-generating insights
[01:02:17.640 --> 01:02:20.640]  Streaming aerial imagery straight to Google
[01:02:20.640 --> 01:02:23.640]  The captured aerial imagery is beneficial for a variety of industries
[01:02:23.640 --> 01:02:28.640]  Including companies tracking cars in parking lots to predict retail forecasts
[01:02:28.640 --> 01:02:31.640]  Support for The Liberty Beat comes from My Magic Mud
[01:02:31.640 --> 01:02:33.640]  All-natural teeth whitener
[01:02:33.640 --> 01:02:36.640]  Go to mymagicmud.com to hear a short interview with Dr. Griffin Cole
[01:02:36.640 --> 01:02:38.640]  That's mymagicmud.com
[01:02:38.640 --> 01:02:40.640]  And support comes from Brave New Books
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[01:02:49.640 --> 01:02:51.640]  Or online, bravenewbookstore.com
[01:02:51.640 --> 01:02:53.640]  This is The Liberty Beat
[01:02:53.640 --> 01:02:55.640]  For Thursday, June 12, 2014
[01:02:55.640 --> 01:02:58.640]  Check out the website at thelibertybeat.com
[01:03:26.640 --> 01:03:30.640]  I won't pay for the war with my body
[01:03:30.640 --> 01:03:34.640]  Ain't gonna pay for the car with my money
[01:03:34.640 --> 01:03:37.640]  I won't pay for the fun with my body
[01:03:37.640 --> 01:03:40.640]  The plan's wicked and the logic shoddy
[01:03:40.640 --> 01:03:44.640]  Ain't gonna pay for the oil with my body
[01:03:44.640 --> 01:03:47.640]  I won't pay for the boys with my money
[01:03:47.640 --> 01:03:51.640]  Ain't gonna pay for the kids with my body
[01:03:51.640 --> 01:03:55.640]  The whole agenda smells funny
[01:03:55.640 --> 01:04:01.640]  I wanna fight in a war of my own
[01:04:01.640 --> 01:04:05.640]  That one would be less active than a pro
[01:04:05.640 --> 01:04:07.640]  Okay, we are back
[01:04:07.640 --> 01:04:10.640]  Randy Kelton, Steve Skidmore, Rue of La Radio
[01:04:10.640 --> 01:04:13.640]  And we're going to the call boards
[01:04:13.640 --> 01:04:15.640]  We're going to Deliverance in Oregon
[01:04:15.640 --> 01:04:17.640]  Hello, Deliverance
[01:04:17.640 --> 01:04:19.640]  Hi, how are you?
[01:04:19.640 --> 01:04:23.640]  I am good, it's been a while since we've talked to you
[01:04:23.640 --> 01:04:26.640]  Yes, quite a few developments
[01:04:26.640 --> 01:04:28.640]  But I guess I wanted to start first
[01:04:28.640 --> 01:04:36.640]  Regarding the idea for the due process law
[01:04:36.640 --> 01:04:43.640]  And so basically it has to do with the red light traffic camera
[01:04:43.640 --> 01:04:49.640]  And I was listening to some things that Eddie Craig said about it
[01:04:49.640 --> 01:04:51.640]  And I was wondering about
[01:04:51.640 --> 01:04:57.640]  Because I do have my first, I guess, ticket ever, if you will
[01:04:57.640 --> 01:05:02.640]  I have to go to court for the 3rd of July
[01:05:02.640 --> 01:05:05.640]  And my argument was going to be
[01:05:05.640 --> 01:05:08.640]  I wasn't even going to discuss what happened
[01:05:08.640 --> 01:05:11.640]  But that my accuser wasn't present
[01:05:11.640 --> 01:05:15.640]  Therefore, my right to due process isn't, you know
[01:05:15.640 --> 01:05:18.640]  There wouldn't be a venue for due process
[01:05:18.640 --> 01:05:23.640]  Because my accuser, which would be the inanimate object
[01:05:23.640 --> 01:05:26.640]  Or the company that services the inanimate object
[01:05:26.640 --> 01:05:28.640]  Was not present
[01:05:28.640 --> 01:05:33.640]  That there was just, I guess, a witness
[01:05:33.640 --> 01:05:38.640]  Not necessarily even an eyewitness to the actual event
[01:05:38.640 --> 01:05:41.640]  Would be there, like the officer
[01:05:41.640 --> 01:05:46.640]  But he's just an enforcement officer who was not present
[01:05:46.640 --> 01:05:53.640]  Would that be, does that sound like a valid argument, a valid point?
[01:05:53.640 --> 01:05:58.640]  Yes, absolutely, and this is a point that's been made a lot
[01:05:58.640 --> 01:06:02.640]  Steve, haven't you dealt with that before?
[01:06:02.640 --> 01:06:07.640]  No, I haven't gotten a red light ticket
[01:06:07.640 --> 01:06:11.640]  I stop at the lights, I don't want to get run over
[01:06:11.640 --> 01:06:17.640]  Well, sometimes you get one if you don't get out of the intersection quick enough
[01:06:17.640 --> 01:06:20.640]  Exactly, that's what mine was
[01:06:20.640 --> 01:06:27.640]  But I stop at the lights too, which is why this is my first ever anything
[01:06:27.640 --> 01:06:31.640]  I don't get stopped by the police because when they're there
[01:06:31.640 --> 01:06:35.640]  They see that I honor the law
[01:06:35.640 --> 01:06:43.640]  But my point is I want to be able to, of course, with a leg to stand on
[01:06:43.640 --> 01:06:52.640]  Present that as an argument and kind of see that the officer is not a present eyewitness
[01:06:52.640 --> 01:06:58.640]  You object to the officer's testimony as it's not best evidence
[01:06:58.640 --> 01:07:03.640]  And in order for some, he cannot testify to hearsay
[01:07:03.640 --> 01:07:05.640]  Right
[01:07:05.640 --> 01:07:12.640]  If he testified to the camera, then he would have to be holding the camera
[01:07:12.640 --> 01:07:15.640]  When the photograph was taken
[01:07:15.640 --> 01:07:23.640]  But since he wasn't, there is no competent fact witness against you
[01:07:23.640 --> 01:07:27.640]  They know these red light cameras are illegal
[01:07:27.640 --> 01:07:30.640]  This has been tried for a long time
[01:07:30.640 --> 01:07:36.640]  They put them in, they collect a whole lot of money, and eventually the court throws them out
[01:07:36.640 --> 01:07:42.640]  And they wait a few years, they put them in again, make a whole lot of money, and the court throws them out
[01:07:42.640 --> 01:07:45.640]  It's all about dollar flow
[01:07:45.640 --> 01:07:51.640]  So it's a good opportunity for you to work out the system
[01:07:51.640 --> 01:07:54.640]  And there are a lot of things you can do there
[01:07:54.640 --> 01:07:58.640]  You demand to be faced by your accuser
[01:07:58.640 --> 01:08:04.640]  And when your accuser comes on and testifies, you charge him with perjury
[01:08:04.640 --> 01:08:08.640]  Fisher with conduct
[01:08:08.640 --> 01:08:18.640]  Welcome him to the deep end of the pool, show him that a pro se can take them to task
[01:08:18.640 --> 01:08:26.640]  And you might file a child on subject matter jurisdiction
[01:08:26.640 --> 01:08:29.640]  I'd have some fun with it
[01:08:29.640 --> 01:08:35.640]  I'd tell the judge that since the camera was the witness, I'd like for somebody to bring the camera in
[01:08:35.640 --> 01:08:37.640]  Because I have a question
[01:08:37.640 --> 01:08:39.640]  I want to cross examine that camera
[01:08:39.640 --> 01:08:42.640]  I want to depose this camera
[01:08:42.640 --> 01:08:46.640]  Right
[01:08:46.640 --> 01:08:53.640]  The best thing to do, the first thing, is always go to subject matter jurisdiction
[01:08:53.640 --> 01:09:00.640]  Claim that the officer who made the accusation made an accusation that's insufficient
[01:09:00.640 --> 01:09:07.640]  In order for him to give testimony that can be heard by the court
[01:09:07.640 --> 01:09:13.640]  He would have to be a competent fact witness, and he is not
[01:09:13.640 --> 01:09:22.640]  So he's unable to invoke the subject matter jurisdiction because he filed a criminal complaint that's insufficient
[01:09:22.640 --> 01:09:32.640]  The thing about subject matter jurisdiction is once you challenge it, jurisdiction is lost
[01:09:32.640 --> 01:09:35.640]  And the court must prove up jurisdiction
[01:09:35.640 --> 01:09:43.640]  And when the court doesn't prove up jurisdiction, then you send the judge a tort letter personally
[01:09:43.640 --> 01:09:50.640]  Notify him that he has acted outside the scope of his official capacity
[01:09:50.640 --> 01:09:57.640]  It's the only time you can sue a judge when he lacks subject matter jurisdiction
[01:09:57.640 --> 01:10:03.640]  Do we know what that ringing is?
[01:10:03.640 --> 01:10:04.640]  Hello?
[01:10:04.640 --> 01:10:06.640]  Are you there?
[01:10:06.640 --> 01:10:11.640]  I hear you, I hear some real high-pitched squealing in the background too
[01:10:11.640 --> 01:10:14.640]  Yeah, I'm not sure what that is
[01:10:14.640 --> 01:10:18.640]  I'm away from my phone and I'm not on speaker
[01:10:18.640 --> 01:10:19.640]  Okay
[01:10:19.640 --> 01:10:22.640]  Randy, is it time for you to take your meds?
[01:10:22.640 --> 01:10:25.640]  No, it's not here
[01:10:25.640 --> 01:10:28.640]  My hearing aid is up too high
[01:10:28.640 --> 01:10:31.640]  There you go, it might be your hearing aid
[01:10:31.640 --> 01:10:33.640]  I don't know what that is
[01:10:33.640 --> 01:10:36.640]  Oh man, I took out my hearing aid
[01:10:36.640 --> 01:10:38.640]  I'm not getting any squeaking
[01:10:38.640 --> 01:10:40.640]  That explains a lot
[01:10:40.640 --> 01:10:45.640]  Okay, whatever it is, I'm not getting it here
[01:10:45.640 --> 01:10:48.640]  So go ahead, Deliverance
[01:10:48.640 --> 01:11:07.640]  So basically, I could challenge subject matter jurisdiction on the grounds that the officer is not a competent fact or witness
[01:11:07.640 --> 01:11:09.640]  Right
[01:11:09.640 --> 01:11:13.640]  Fact witness, FACT, not fact or fact
[01:11:13.640 --> 01:11:18.640]  He cannot testify to the facts because he was not a witness to them
[01:11:18.640 --> 01:11:20.640]  Right
[01:11:20.640 --> 01:11:23.640]  Now, here's the deal
[01:11:23.640 --> 01:11:25.640]  So anything he says is hearsay
[01:11:25.640 --> 01:11:28.640]  That's a competent objection
[01:11:28.640 --> 01:11:37.640]  Hearsay is sufficient for a magistrate to make a determination of probable cause
[01:11:37.640 --> 01:11:40.640]  He can do that on probable cause
[01:11:40.640 --> 01:11:46.640]  But they can't bring that probable cause into the courtroom
[01:11:46.640 --> 01:11:50.640]  I'm sorry, they can't bring the hearsay into the courtroom
[01:11:50.640 --> 01:11:56.640]  Now they have to bring competent evidence and hearsay is not
[01:11:56.640 --> 01:11:58.640]  Okay, okay
[01:11:58.640 --> 01:12:00.640]  Should I go to the best evidence rule?
[01:12:00.640 --> 01:12:04.640]  Absolutely
[01:12:04.640 --> 01:12:24.640]  And so would you say that I should even go into asking or demanding for any records as far as maintenance records on the camera?
[01:12:24.640 --> 01:12:26.640]  No, no, don't go to the camera at all
[01:12:26.640 --> 01:12:28.640]  The camera is irrelevant
[01:12:28.640 --> 01:12:37.640]  If you go to the camera, you essentially stipulate to the validity of the camera
[01:12:37.640 --> 01:12:39.640]  Right, right, right
[01:12:39.640 --> 01:12:43.640]  Unless a human being was holding that camera
[01:12:43.640 --> 01:12:48.640]  You know, maybe technology has advanced
[01:12:48.640 --> 01:12:53.640]  But law has not advanced alone with it
[01:12:53.640 --> 01:13:12.640]  Like the landmark V. Kessler case where MERS claimed that this requirement that you file the records with the county recorder was archaic, cumbersome, and costly
[01:13:12.640 --> 01:13:18.640]  And the court said you are right, it is archaic, cumbersome, and costly
[01:13:18.640 --> 01:13:28.640]  However, it is law and until the law is changed, we have no power to ignore it
[01:13:28.640 --> 01:13:32.640]  Same thing here, competent fact witness
[01:13:32.640 --> 01:13:40.640]  We may have some highly sophisticated technological equipment that can get a photograph of us running red light
[01:13:40.640 --> 01:13:53.640]  Or of a motorized piece of equipment appearing to be in an intersection when a light turns red
[01:13:53.640 --> 01:14:00.640]  But as I recall, the photograph only shows the back of the vehicle
[01:14:00.640 --> 01:14:03.640]  It doesn't show the red light
[01:14:03.640 --> 01:14:08.640]  So all they have is a photograph of the back of the window
[01:14:08.640 --> 01:14:12.640]  It shows both
[01:14:12.640 --> 01:14:15.640]  In the same photograph or two different photographs?
[01:14:15.640 --> 01:14:17.640]  In the same one
[01:14:17.640 --> 01:14:23.640]  They have now where the photograph will position further away
[01:14:23.640 --> 01:14:28.640]  They have two, so one is in the back and then one is right
[01:14:28.640 --> 01:14:35.640]  Does it show who is behind the wheel of the car?
[01:14:35.640 --> 01:14:37.640]  Yeah, it does
[01:14:37.640 --> 01:14:39.640]  So they have a close-up
[01:14:39.640 --> 01:14:41.640]  Hold on, let's back up to
[01:14:41.640 --> 01:14:44.640]  But the close-up doesn't show
[01:14:44.640 --> 01:14:49.640]  The close-up is just by itself, it has no light
[01:14:49.640 --> 01:14:53.640]  Okay, hold on, we stepped past something
[01:14:53.640 --> 01:14:54.640]  Okay
[01:14:54.640 --> 01:15:06.640]  How did they get the red light and a close-up of the person in the car in the same photograph?
[01:15:06.640 --> 01:15:08.640]  Okay, that's what you're asking
[01:15:08.640 --> 01:15:11.640]  No, you're right, it's not in the same photograph
[01:15:11.640 --> 01:15:18.640]  So how do you know that both of those photographs were taking it exactly the same time?
[01:15:18.640 --> 01:15:20.640]  Right
[01:15:20.640 --> 01:15:27.640]  It looks like you have a photograph here that's clearly been photoshopped
[01:15:27.640 --> 01:15:32.640]  Where they've taken two photos and combined them together in one photo
[01:15:32.640 --> 01:15:43.640]  And we want to know who did that because we want to know how he can attest that the photo of the red light is not just a stock photo
[01:15:43.640 --> 01:15:49.640]  That got laying over here on the table and he puts it on every one of these
[01:15:49.640 --> 01:15:51.640]  Uh-huh
[01:15:51.640 --> 01:15:56.640]  So this is garbage evidence to take it apart
[01:15:56.640 --> 01:16:06.640]  And then even if the person inside the vehicle kind of looks like somebody that kind of looks like you
[01:16:06.640 --> 01:16:13.640]  We need someone to testify that in fact that was you
[01:16:13.640 --> 01:16:18.640]  And then you get to cross-examine that witness
[01:16:18.640 --> 01:16:21.640]  And if you cross-examine the camera and it doesn't answer the questions
[01:16:21.640 --> 01:16:29.640]  Then you have the camera charged with contempt to court and thrown in jail 72 hours
[01:16:29.640 --> 01:16:33.640]  This is the problem they have, they know they have this problem, they don't care
[01:16:33.640 --> 01:16:35.640]  They're going to make a lot of money
[01:16:35.640 --> 01:16:38.640]  So it's all about the money, see how much money you can cost them
[01:16:38.640 --> 01:16:41.640]  You get to learn a whole lot about the legal system
[01:16:41.640 --> 01:16:44.640]  In the process, got nothing to lose
[01:16:44.640 --> 01:16:47.640]  They're going to charge you to save them out anyway
[01:16:47.640 --> 01:16:49.640]  So you might as well give them a good fight
[01:16:49.640 --> 01:16:53.640]  Hang on, Randy Kelton, Steve Skidmore, Root of Law Radio
[01:16:53.640 --> 01:16:57.640]  Call in number 512-646-1984
[01:16:57.640 --> 01:16:59.640]  We'll be right back
[01:16:59.640 --> 01:17:02.640]  Chances are you've heard of My Magic Mud
[01:17:02.640 --> 01:17:03.640]  But have you used it?
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[01:19:25.640 --> 01:19:30.640]  Well
[01:19:30.640 --> 01:19:35.640]  Ain't gonna fool me with that same old trick again
[01:19:35.640 --> 01:19:40.640]  I was blindsided but now I can see your plan
[01:19:40.640 --> 01:19:46.640]  You put the beer in my pocket, took the money from my ass
[01:19:46.640 --> 01:19:54.640]  Ain't gonna fool me with that same old trick again
[01:19:54.640 --> 01:19:58.640]  I ain't gonna fool you
[01:20:07.640 --> 01:20:11.640]  Okay, we are back, Randy Kelton and Steve Skidmore with Wuvla Radio
[01:20:11.640 --> 01:20:12.640]  We're talking to Deliverance in Oregon
[01:20:12.640 --> 01:20:17.640]  Deliverance, I don't know much more to tell you other than to take a morning
[01:20:17.640 --> 01:20:25.640]  You know, challenge that confident evidence rule
[01:20:25.640 --> 01:20:27.640]  You said competent, right?
[01:20:27.640 --> 01:20:29.640]  Yeah, competent evidence
[01:20:29.640 --> 01:20:31.640]  The best evidence
[01:20:31.640 --> 01:20:33.640]  Under the best evidence rule
[01:20:33.640 --> 01:20:36.640]  Yeah, do some research on best evidence
[01:20:36.640 --> 01:20:38.640]  Okay
[01:20:38.640 --> 01:20:43.640]  The hearsay is enough to bring you to court
[01:20:43.640 --> 01:20:48.640]  But it's not enough for the court to get a conviction
[01:20:48.640 --> 01:20:50.640]  What, to bring me to court?
[01:20:50.640 --> 01:20:55.640]  Yeah, so you could go before a magistrate and give the magistrate hearsay
[01:20:55.640 --> 01:20:58.640]  I could say
[01:20:58.640 --> 01:21:05.640]  Sherry over here saw George over there kill this guy
[01:21:05.640 --> 01:21:08.640]  But Sherry's terrified of George
[01:21:08.640 --> 01:21:11.640]  And she told me that she saw him kill this guy
[01:21:11.640 --> 01:21:12.640]  And she's never gonna say anything
[01:21:12.640 --> 01:21:15.640]  Because she's afraid to come after her
[01:21:15.640 --> 01:21:18.640]  So I believe Sherry
[01:21:18.640 --> 01:21:21.640]  Therefore I have reason to believe
[01:21:21.640 --> 01:21:25.640]  And do believe that this person committed this crime
[01:21:25.640 --> 01:21:29.640]  That's enough for a magistrate to issue a warrant
[01:21:29.640 --> 01:21:34.640]  But it is not enough to convict George of anything
[01:21:34.640 --> 01:21:40.640]  Now the police would have to investigate and find competent evidence in order to convict
[01:21:40.640 --> 01:21:49.640]  So the red light camera is enough to bring you to court
[01:21:49.640 --> 01:21:53.640]  But now you get to challenge that evidence
[01:21:53.640 --> 01:21:59.640]  And in order for them to bring evidence into the courtroom has to be best evidence
[01:21:59.640 --> 01:22:01.640]  It has to be competent evidence
[01:22:01.640 --> 01:22:05.640]  There is best evidence and not best evidence
[01:22:05.640 --> 01:22:06.640]  There could be evidence
[01:22:06.640 --> 01:22:12.640]  But in order to get a conviction you have to have best evidence
[01:22:12.640 --> 01:22:16.640]  You can have other evidence that supports the best evidence
[01:22:16.640 --> 01:22:20.640]  But there has to be something personal witness
[01:22:20.640 --> 01:22:24.640]  Or circumstantial enough that it can't be controverted
[01:22:24.640 --> 01:22:30.640]  And there's no way to not controvert this
[01:22:30.640 --> 01:22:32.640]  Okay
[01:22:32.640 --> 01:22:37.640]  Before I ask the question about foreclosure
[01:22:37.640 --> 01:22:41.640]  There's the perjury official misconduct
[01:22:41.640 --> 01:22:49.640]  You were saying that once like let's say if they did bring in my accuser
[01:22:49.640 --> 01:22:51.640]  Which I don't know if they could even do that
[01:22:51.640 --> 01:22:58.640]  But if they did then I would charge them with perjury and official misconduct
[01:22:58.640 --> 01:23:05.640]  What would be my, how would I be able to do that?
[01:23:05.640 --> 01:23:10.640]  Wait a minute, did you understand that better than me Steve?
[01:23:10.640 --> 01:23:11.640]  No
[01:23:11.640 --> 01:23:13.640]  I was having trouble hearing all of that
[01:23:13.640 --> 01:23:15.640]  Can you try that again?
[01:23:15.640 --> 01:23:17.640]  So I don't know if it was
[01:23:17.640 --> 01:23:20.640]  Objection, move for a more definite question
[01:23:20.640 --> 01:23:23.640]  Okay, I'm going to redo it
[01:23:23.640 --> 01:23:24.640]  Okay
[01:23:24.640 --> 01:23:30.640]  I don't know if it was Steve or Randy but you said when you
[01:23:30.640 --> 01:23:38.640]  When the court does bring in your accuser or has your accuser face you
[01:23:38.640 --> 01:23:43.640]  Then you charge that accuser with perjury or official misconduct
[01:23:43.640 --> 01:23:46.640]  And I was going to ask well why would I do that?
[01:23:46.640 --> 01:23:49.640]  What would the grounds for doing that?
[01:23:49.640 --> 01:23:51.640]  Wait a minute
[01:23:51.640 --> 01:23:52.640]  I need to understand
[01:23:52.640 --> 01:23:55.640]  Are you saying teaser or?
[01:23:55.640 --> 01:23:59.640]  Accuser
[01:23:59.640 --> 01:24:00.640]  Accuser
[01:24:00.640 --> 01:24:03.640]  Oh accuser, you're still talking about red light cameras?
[01:24:03.640 --> 01:24:04.640]  Yes
[01:24:04.640 --> 01:24:08.640]  Oh I thought you were going to foreclosure
[01:24:08.640 --> 01:24:12.640]  No I said before I do I had to clarify something one of you said
[01:24:12.640 --> 01:24:20.640]  Okay, object to the introduction of the photograph
[01:24:20.640 --> 01:24:21.640]  Okay
[01:24:21.640 --> 01:24:24.640]  Is not best evidence
[01:24:24.640 --> 01:24:29.640]  Oh I'm sorry, object foundation
[01:24:29.640 --> 01:24:32.640]  They can't establish foundation for the evidence
[01:24:32.640 --> 01:24:37.640]  Because someone would have to say I took this photograph
[01:24:37.640 --> 01:24:41.640]  Or I observed this photograph being taken
[01:24:41.640 --> 01:24:44.640]  They can't come in and say
[01:24:44.640 --> 01:24:47.640]  I looked at this photograph and
[01:24:47.640 --> 01:24:50.640]  Somebody told me or
[01:24:50.640 --> 01:24:54.640]  I have reason to believe that a computer took this photograph
[01:24:54.640 --> 01:24:57.640]  And I have reason to believe it took it when it said it took it
[01:24:57.640 --> 01:25:00.640]  Objection, objection, objection
[01:25:00.640 --> 01:25:03.640]  Not best evidence
[01:25:03.640 --> 01:25:05.640]  Tears say
[01:25:05.640 --> 01:25:10.640]  He has to know that that evidence is valid
[01:25:10.640 --> 01:25:13.640]  And he has to be able to prove it
[01:25:13.640 --> 01:25:17.640]  By personal observation or personal knowledge because it is a photograph
[01:25:17.640 --> 01:25:19.640]  And he can't do that
[01:25:19.640 --> 01:25:23.640]  Look up foundation
[01:25:23.640 --> 01:25:28.640]  When they call a policeman to the stand they ask him a whole lot of questions
[01:25:28.640 --> 01:25:32.640]  Are you a policeman? How much training do you have?
[01:25:32.640 --> 01:25:37.640]  That establishes foundation for his testimony to what he's
[01:25:37.640 --> 01:25:41.640]  He observed in his capacity as a policeman
[01:25:41.640 --> 01:25:47.640]  In order to present evidence you first have to establish foundation for the evidence
[01:25:47.640 --> 01:25:50.640]  And they can't establish foundation for this evidence because
[01:25:50.640 --> 01:25:56.640]  Nobody personally saw or heard your photograph being taken
[01:25:56.640 --> 01:25:57.640]  Right
[01:25:57.640 --> 01:26:00.640]  Okay let's go to foreclosure
[01:26:00.640 --> 01:26:03.640]  Okay
[01:26:03.640 --> 01:26:07.640]  My question is I guess right now
[01:26:07.640 --> 01:26:10.640]  I don't know if you remember my situation but
[01:26:10.640 --> 01:26:11.640]  I remember
[01:26:11.640 --> 01:26:15.640]  Three years went by they rescinded foreclosure
[01:26:15.640 --> 01:26:20.640]  Chopped off like three bedrooms off of the house and then said hey here
[01:26:20.640 --> 01:26:22.640]  We made a mistake
[01:26:22.640 --> 01:26:26.640]  Here's your house back and you owe us all this back pay from the three years
[01:26:26.640 --> 01:26:29.640]  So
[01:26:29.640 --> 01:26:31.640]  It looks like
[01:26:31.640 --> 01:26:34.640]  All the stuff that we had worked with with you
[01:26:34.640 --> 01:26:38.640]  We couldn't find a lawyer in Oregon to support
[01:26:38.640 --> 01:26:44.640]  The claims that we were making or what we wanted to do was to go in and
[01:26:44.640 --> 01:26:48.640]  Prove up that
[01:26:48.640 --> 01:26:54.640]  They never transferred the deed in time to the bank that they
[01:26:54.640 --> 01:26:58.640]  Sold our loan to all these violations that happened
[01:26:58.640 --> 01:27:02.640]  There was no lawyer in Oregon that would
[01:27:02.640 --> 01:27:06.640]  Fight that you know they're all working for the banks anyways and
[01:27:06.640 --> 01:27:10.640]  You know they they flip flop sometimes but for the most part they
[01:27:10.640 --> 01:27:13.640]  They are lawyers for the bank
[01:27:13.640 --> 01:27:17.640]  So the only thing that we were able to do now is to
[01:27:17.640 --> 01:27:22.640]  Send a demand letter to the bank saying okay you've harmed us in this way
[01:27:22.640 --> 01:27:26.640]  This is how much you know it costs for us to repair the house
[01:27:26.640 --> 01:27:30.640]  This is how much we lost because we lost our business you know all these
[01:27:30.640 --> 01:27:33.640]  Things that they did so
[01:27:33.640 --> 01:27:38.640]  We sent out the letter and we're waiting for them to respond
[01:27:38.640 --> 01:27:44.640]  What I'm trying to figure out is is there any way that we can
[01:27:44.640 --> 01:27:49.640]  Possibly fight this and be with with the paperwork
[01:27:49.640 --> 01:27:52.640]  As far as them
[01:27:52.640 --> 01:27:58.640]  Rescinding having already gotten paid because the foreclosure
[01:27:58.640 --> 01:28:03.640]  I'll just say the foreclosure there's a notice there that says they hold the property
[01:28:03.640 --> 01:28:09.640]  Wait a minute this is okay we can't adjudicate the whole case here
[01:28:09.640 --> 01:28:13.640]  What is the question
[01:28:13.640 --> 01:28:18.640]  Are you asking do we know where you can find a lawyer
[01:28:18.640 --> 01:28:23.640]  Well that would be nice but that's not what I was asking maybe that might solve my
[01:28:23.640 --> 01:28:27.640]  Problems if you do know where I can find a lawyer that would be
[01:28:27.640 --> 01:28:30.640]  The only question that I'd have
[01:28:30.640 --> 01:28:36.640]  Okay I don't directly but I can check some of my sources
[01:28:36.640 --> 01:28:40.640]  Other than that what was the question
[01:28:40.640 --> 01:28:45.640]  So the question is the bank having already
[01:28:45.640 --> 01:28:51.640]  Saying and swearing that they were given over $400,000
[01:28:51.640 --> 01:28:55.640]  In selling our house in cash
[01:28:55.640 --> 01:29:02.640]  Is there is there any grounds for them to foreclose on us again having
[01:29:02.640 --> 01:29:04.640]  Okay hold on have they not
[01:29:04.640 --> 01:29:09.640]  Your claim is that they've been made whole is it that they've been made whole is that correct
[01:29:09.640 --> 01:29:11.640]  Yes it is
[01:29:11.640 --> 01:29:12.640]  Okay
[01:29:12.640 --> 01:29:15.640]  Now wait a minute they
[01:29:15.640 --> 01:29:18.640]  Wait a minute you can't make the
[01:29:18.640 --> 01:29:23.640]  Hold on they foreclosed on the property three years ago
[01:29:23.640 --> 01:29:27.640]  Then they rescinded the foreclosure
[01:29:27.640 --> 01:29:30.640]  Have they foreclosed again
[01:29:30.640 --> 01:29:33.640]  They just yeah they they are proceeding
[01:29:33.640 --> 01:29:36.640]  Okay forget that at the moment
[01:29:36.640 --> 01:29:40.640]  Sue them for the damage to the property the property is yours right now
[01:29:40.640 --> 01:29:45.640]  They damaged it sue them for that damage to the property
[01:29:45.640 --> 01:29:49.640]  Hang on Randy Kelton Steve Skidmore Rue of La Radio
[01:29:49.640 --> 01:29:53.640]  Our call in number 512-646-1984
[01:29:53.640 --> 01:29:57.640]  Give us a call we'll be right back on the other side
[01:30:04.640 --> 01:30:07.640]  When a cat gets stuck in a tree you get out the ladder
[01:30:07.640 --> 01:30:10.640]  But what do you do if the critter is a drunken moose
[01:30:10.640 --> 01:30:16.640]  I'm Dr. Catherine Albrecht back to tell you how one man handled that bizarre dilemma next
[01:30:16.640 --> 01:30:21.640]  Privacy is under attack when you give up data about yourself you'll never get it back again
[01:30:21.640 --> 01:30:26.640]  And once your privacy is gone you'll find your freedoms will start to vanish too
[01:30:26.640 --> 01:30:31.640]  So protect your rights say no to surveillance and keep your information to yourself
[01:30:31.640 --> 01:30:34.640]  Privacy it's worth hanging on to
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[01:31:16.640 --> 01:31:20.640]  We still don't know how he got up there, I'll leave that to your imagination
[01:31:20.640 --> 01:31:23.640]  I'm Dr. Catherine Albrecht for Startpage.com
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[01:33:35.640 --> 01:33:40.640]  The wicked come with temptations
[01:33:40.640 --> 01:33:45.640]  They're trying to buy the whole place
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[01:33:51.640 --> 01:33:56.640]  Because they're falling from grace
[01:33:56.640 --> 01:34:06.640]  Okay, we are back. Randy Kelton, Steve Skidmore, Wheelbar Radio and we're talking to Deliverance in Oregon
[01:34:06.640 --> 01:34:13.640]  Okay, you were foreclosed on, they rescinded the foreclosure
[01:34:13.640 --> 01:34:17.640]  Now you have possession of the property
[01:34:17.640 --> 01:34:22.640]  But you got the property back damaged
[01:34:22.640 --> 01:34:25.640]  Because they did a wrongful foreclosure
[01:34:25.640 --> 01:34:32.640]  File suit against them directly for the damage to the property
[01:34:32.640 --> 01:34:40.640]  And then move claim tender of the amount owed
[01:34:40.640 --> 01:34:44.640]  As set off against the damage they did to the property
[01:34:44.640 --> 01:34:52.640]  And the harm to you for the wrongful foreclosure
[01:34:52.640 --> 01:34:56.640]  It's not really about foreclosure at this point
[01:34:56.640 --> 01:35:00.640]  This is a straight up civil action for damages
[01:35:00.640 --> 01:35:15.640]  Okay, so the tender of the amount owed is set off against what the damage, sorry
[01:35:15.640 --> 01:35:19.640]  It's set off against what they would owe you from the damages that they caused
[01:35:19.640 --> 01:35:22.640]  More than the damage to the property
[01:35:22.640 --> 01:35:29.640]  But cost to your business, cost to your access to your house for all this time
[01:35:29.640 --> 01:35:34.640]  So talk to a lawyer about suing them for the damages
[01:35:34.640 --> 01:35:42.640]  Their rescindion of the foreclosure is tantamount to admission of wrongful foreclosure
[01:35:42.640 --> 01:35:45.640]  So go after them for that
[01:35:45.640 --> 01:35:51.640]  So then my last little thing for this foreclosure
[01:35:51.640 --> 01:35:54.640]  Oh gosh, just lost it
[01:35:54.640 --> 01:36:00.640]  Oh right, no Randy I lost it again, never mind
[01:36:00.640 --> 01:36:05.640]  Okay, if you think of it call us back next week
[01:36:05.640 --> 01:36:09.640]  Okay I will, can I just ask you for my closing
[01:36:09.640 --> 01:36:11.640]  Can I jump back really quick
[01:36:11.640 --> 01:36:12.640]  Okay
[01:36:12.640 --> 01:36:20.640]  I'm going to ask the judge to dismiss for failure of establishing foundation of evidence
[01:36:20.640 --> 01:36:25.640]  And because the officer is not a competent witness
[01:36:25.640 --> 01:36:29.640]  No, no, ask the judge to dismiss for lack of evidence
[01:36:29.640 --> 01:36:32.640]  Lack of evidence
[01:36:32.640 --> 01:36:44.640]  Claiming that a photograph of your car without a competent witness to testify to the photograph is insufficient
[01:36:44.640 --> 01:36:50.640]  Get ahold of Andy Monday, he should tell you exactly how to structure that
[01:36:50.640 --> 01:36:53.640]  Alright, thank you very much for taking my call, I appreciate it
[01:36:53.640 --> 01:36:59.640]  Alrighty, okay now we're going to go to Jeff in Maryland
[01:36:59.640 --> 01:37:01.640]  Hello Mr. Jeff
[01:37:01.640 --> 01:37:03.640]  Hello Mr. Randy, how the heck are you?
[01:37:03.640 --> 01:37:12.640]  I am doing well, I got up this morning and checked the obituaries and neither one of us were in there
[01:37:12.640 --> 01:37:20.640]  Okay great, deliverance don't go away because I want to talk with Randy about your situation if I may
[01:37:20.640 --> 01:37:22.640]  She's still on the line
[01:37:22.640 --> 01:37:32.640]  Good, as you well know Randy, our entire legal system is predicated upon who says and prove it
[01:37:32.640 --> 01:37:33.640]  Yes
[01:37:33.640 --> 01:37:42.640]  One of the things you so aptly pointed out is that in this particular situation the cop is not a competent fact witness
[01:37:42.640 --> 01:37:46.640]  And when you challenge for jurisdiction because the cop is not a competent fact witness
[01:37:46.640 --> 01:37:54.640]  And the court proceeds with jurisdiction not proven on the record
[01:37:54.640 --> 01:38:02.640]  Then you have effectively been denied meaningful access to court and due process
[01:38:02.640 --> 01:38:12.640]  From that point go file a grievance with, here in Maryland it's called the Judicial Disabilities Commission
[01:38:12.640 --> 01:38:16.640]  And that's a quasi-governmental institution
[01:38:16.640 --> 01:38:23.640]  And when they ratify the judicial, the judge's decision
[01:38:23.640 --> 01:38:29.640]  At that very point they have effectively made it the practice policy and procedure
[01:38:29.640 --> 01:38:39.640]  Though not written that the state will effectively deny you meaningful access to court and deny you due process
[01:38:39.640 --> 01:38:43.640]  Now you file a claim into risk management
[01:38:43.640 --> 01:38:54.640]  And when risk management denies, now you're set up for a 42 USC 1983 action against the state
[01:38:54.640 --> 01:39:01.640]  Risk management, tell us how to find risk management and how to apply to it
[01:39:01.640 --> 01:39:13.640]  Well, I'm not sure how you're going to find it in your state, but you can always call the attorney general's office to find out where risk management is
[01:39:13.640 --> 01:39:21.640]  And essentially risk management is going to go to their bond, their insurance, am I correct?
[01:39:21.640 --> 01:39:28.640]  It's not bond anymore, they don't do bonds except for bail, it's insurance
[01:39:28.640 --> 01:39:33.640]  And you're going to be sitting there basically in front of an insurance adjuster
[01:39:33.640 --> 01:39:39.640]  And the one thing insurance adjusters hate is paying claims
[01:39:39.640 --> 01:39:46.640]  And that judge's name is going to be there in bold print in front of that insurance adjuster
[01:39:46.640 --> 01:39:49.640]  So his name is now on a list
[01:39:49.640 --> 01:39:55.640]  And if he's seen again, the insurance policy for him could be canceled
[01:39:55.640 --> 01:40:00.640]  And that's the only way I've ever heard of getting rid of a federal judge
[01:40:00.640 --> 01:40:03.640]  Well, if you can get his insurance canceled
[01:40:03.640 --> 01:40:08.640]  And generally most states say that the public official must be bonded
[01:40:08.640 --> 01:40:11.640]  And that's why I spoke to that because I wanted to elucidate
[01:40:11.640 --> 01:40:13.640]  That old hat
[01:40:13.640 --> 01:40:16.640]  Yeah, well we still call that in Texas
[01:40:16.640 --> 01:40:19.640]  They say that they must have a bond
[01:40:19.640 --> 01:40:24.640]  Well, what that really means is they have an insurance policy
[01:40:24.640 --> 01:40:29.640]  They're not using it the same as when you go get bonded out of jail
[01:40:29.640 --> 01:40:32.640]  It all goes to insurance
[01:40:32.640 --> 01:40:37.640]  But as I said, you're set up, when you go through those various stages
[01:40:37.640 --> 01:40:43.640]  You're set up perfectly for a federal action under 42 USC 1983
[01:40:43.640 --> 01:40:51.640]  And the thing that's nice about that is that under 42 USC 1988
[01:40:51.640 --> 01:40:58.640]  You can file with the federal government to recover reasonable legal costs
[01:40:58.640 --> 01:41:01.640]  Can you do that if you're a pro se?
[01:41:01.640 --> 01:41:03.640]  Well, you don't have to be pro se
[01:41:03.640 --> 01:41:06.640]  If they'll cover the legal costs, you can go find yourself an attorney
[01:41:06.640 --> 01:41:09.640]  Oh, oh, okay
[01:41:09.640 --> 01:41:14.640]  Yeah, yeah, kiss, man, kiss
[01:41:14.640 --> 01:41:22.640]  Okay, I think we just, I tried to bring Deliverance back on, but I think we just lost her
[01:41:22.640 --> 01:41:24.640]  Okay, all right
[01:41:24.640 --> 01:41:33.640]  Now, not knowing any more about Deliverance foreclosure situation than what she said on the air
[01:41:33.640 --> 01:41:36.640]  Okay, hold on, let me give you a little
[01:41:36.640 --> 01:41:38.640]  They foreclosed on her
[01:41:38.640 --> 01:41:44.640]  And without her knowing it, three years later, they rescinded the foreclosure
[01:41:44.640 --> 01:41:48.640]  Right, so here's the thing about that, what I don't know
[01:41:48.640 --> 01:41:55.640]  But what, you know, is a reasonable conclusion to leap to
[01:41:55.640 --> 01:42:03.640]  If they rescinded it, then they took an action they couldn't take
[01:42:03.640 --> 01:42:07.640]  Are you saying that they can't rescind the foreclosure?
[01:42:07.640 --> 01:42:15.640]  No, I'm saying that if they rescinded the foreclosure, then the foreclosure action, more than likely, was an action they could not legally take
[01:42:15.640 --> 01:42:22.640]  Exactly, that's tantamount to admission that the original foreclosure was wrongful
[01:42:22.640 --> 01:42:29.640]  All right, so what law is the dog bite statute when it comes to that?
[01:42:29.640 --> 01:42:33.640]  This is, oh, wait
[01:42:33.640 --> 01:42:35.640]  Oh, conversion
[01:42:35.640 --> 01:42:39.640]  The dog bites somebody, you own the dog, you're guilty?
[01:42:39.640 --> 01:42:40.640]  Yeah
[01:42:40.640 --> 01:42:43.640]  What law is the dog bite statute when it comes to that?
[01:42:43.640 --> 01:42:45.640]  Conversion, illegal conversion or theft
[01:42:45.640 --> 01:42:52.640]  No, no, don't have to prove intent or anything, what law?
[01:42:52.640 --> 01:42:55.640]  You know, you just don't know, you know
[01:42:55.640 --> 01:42:57.640]  That's right
[01:42:57.640 --> 01:43:00.640]  FDCPA
[01:43:00.640 --> 01:43:11.640]  That is an interesting, right, now that's going to get you into that argument that this is merely collateral recovery and not deflation
[01:43:11.640 --> 01:43:16.640]  No, no, no, that's already been defeated in case law
[01:43:16.640 --> 01:43:19.640]  That's already been defeated, it's a debt, it's not security
[01:43:19.640 --> 01:43:28.640]  Okay, so we used to have the circuit split on that, so they're not split anymore?
[01:43:28.640 --> 01:43:34.640]  Some of the circuits, but most of them, the Supreme Court pretty much abolished that one
[01:43:34.640 --> 01:43:41.640]  Oh, wonderful, that's the one we always got, that we're just collecting collateral, we're just like a tow truck driver
[01:43:41.640 --> 01:43:48.640]  Yeah, and they also say that we're not debt collectors, we're a towing company, we're just recovering an asset
[01:43:48.640 --> 01:43:59.640]  Hang on, hang on, we'll be right back, Randy Kelton, Steve Skidmore, Wheel of Law Radio, I'll call in number 512-646-1984, we'll be right back
[01:43:59.640 --> 01:44:03.640]  You feel tired when talking about important topics like money and politics?
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[01:46:21.640 --> 01:46:46.640]  Okay, we are back. Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking to Jeff in Maryland
[01:46:46.640 --> 01:46:54.640]  Take a look under the 15 USC 1692E section
[01:46:54.640 --> 01:47:07.640]  E5 is very close to actually directly applying where it says threatening or threatened to take any action that cannot legally be taken or that is not intended to be taken
[01:47:07.640 --> 01:47:10.640]  Well, they didn't threaten to, they did it. They took a legal action that couldn't be taken
[01:47:10.640 --> 01:47:19.640]  Well, but that's a legal conclusion, and we don't know why they rescinded it
[01:47:19.640 --> 01:47:25.640]  We don't know that they didn't have the authority to foreclose when they foreclosed
[01:47:25.640 --> 01:47:36.640]  As I said at the beginning of the conversation, Randy, going solely on the basis of what she said and not knowing any more about what she said
[01:47:36.640 --> 01:47:47.640]  They rescinded the foreclosure. That can give us a reasonable cause to believe that the foreclosure was improper
[01:47:47.640 --> 01:47:48.640]  Right
[01:47:48.640 --> 01:47:50.640]  But we don't know for sure
[01:47:50.640 --> 01:47:52.640]  That's true
[01:47:52.640 --> 01:48:07.640]  So, but on this argument of 1692G, I made the argument that even if the entity is not a debt collector like they claim
[01:48:07.640 --> 01:48:23.640]  In order for 1692G to have any effect at all, the court would have to construe that they are a debt collector until they came before the court and proved that they're not
[01:48:23.640 --> 01:48:38.640]  Otherwise, anybody could just simply make the claim and bypass the statute, so in order to give the statute full faith and credit, they would have to presume they are a debt collector until they proved otherwise
[01:48:38.640 --> 01:48:39.640]  Right
[01:48:39.640 --> 01:48:41.640]  All those arguments got thrown right out
[01:48:41.640 --> 01:48:57.640]  But see, here's what's nice about it, and there is a provision in there, you know, if you take a look at the Supreme Court case of German versus Carlisle and five other names
[01:48:57.640 --> 01:49:16.640]  Any debt collector who violates any statute becomes liable for statutory damages, costs, legal fees, if any, and actual damages
[01:49:16.640 --> 01:49:19.640]  That's what she's got a lot of
[01:49:19.640 --> 01:49:40.640]  Right, and see, the thing that's nice about this, if this particular action will fly, is unlike suing them just out of direct out for casualty damages, you do not have to prove intent
[01:49:40.640 --> 01:49:49.640]  It's like I said, if they're dog bite statutes by somebody, you own the dog, you're liable
[01:49:49.640 --> 01:49:53.640]  So we don't care why they rescinded the foreclosure
[01:49:53.640 --> 01:50:06.640]  The fact is they rescinded the foreclosure, and you got the property damaged, they damaged the property, they denied you access to your house over this period
[01:50:06.640 --> 01:50:19.640]  We can make the claim, and they have to prove, we don't know why they rescinded it, but they would have to come to court and show that they rescinded it out of the benevolence of their heart
[01:50:19.640 --> 01:50:23.640]  You know the banks of benevolence
[01:50:23.640 --> 01:50:30.640]  And that there was nothing wrong with the foreclosure, they just decided to rescind it and redo it
[01:50:30.640 --> 01:50:31.640]  Yeah, right
[01:50:31.640 --> 01:50:41.640]  Be interesting to see how that flies, what I will do is I will send, oh Deliverance is there, hold on, hold on
[01:50:41.640 --> 01:50:44.640]  Hello Miss Deliverance
[01:50:44.640 --> 01:50:46.640]  Hello
[01:50:46.640 --> 01:50:53.640]  There you go, if you will send me an email, I will send it to Jeff
[01:50:53.640 --> 01:50:59.640]  And Jeff works with a group that can help you get this done
[01:50:59.640 --> 01:51:01.640]  Would that work for you Jeff?
[01:51:01.640 --> 01:51:04.640]  Oh yeah, of course
[01:51:04.640 --> 01:51:09.640]  So if you'll send me an email, I'll just forward it to him
[01:51:09.640 --> 01:51:24.640]  Now the other situation with your traffic ticket, what I suggested might be a bit much for you to take on, but it is something for Randy to consider because Randy is one of those bears that will go after him
[01:51:24.640 --> 01:51:28.640]  Sure, what's that?
[01:51:28.640 --> 01:51:34.640]  Oh with the filing a grievance against the judge
[01:51:34.640 --> 01:51:40.640]  And when they, here in Maryland they are referred to as the Judicial Disabilities Commission
[01:51:40.640 --> 01:51:45.640]  And when they ratify their behavior since they are a quasi-state organization
[01:51:45.640 --> 01:51:55.640]  They just established that it was the policy of the state though not written for the state to deny you meaningful access to court and deny you due process
[01:51:55.640 --> 01:51:59.640]  Now you have a claim against, a claim for risk management
[01:51:59.640 --> 01:52:09.640]  And when risk management denies the claim, now you have a tort action to file into federal court under the civil rights statutes 1983
[01:52:09.640 --> 01:52:13.640]  Wait a minute Jeff, there's another, there's one more thing there
[01:52:13.640 --> 01:52:19.640]  This is a traffic ticket and heck it's not very much money
[01:52:19.640 --> 01:52:26.640]  But then again they do the same thing to everybody
[01:52:26.640 --> 01:52:29.640]  I wouldn't suggest you go class on that
[01:52:29.640 --> 01:52:32.640]  No not class, private attorney general
[01:52:32.640 --> 01:52:34.640]  Well you would be
[01:52:34.640 --> 01:52:40.640]  It's too small an amount for each member of the class to make it worth a class
[01:52:40.640 --> 01:52:52.640]  And this is exactly what private attorney general is for and you could claim all of the amounts that the city has collected this way and collect that yourself
[01:52:52.640 --> 01:52:54.640]  I don't know about that
[01:52:54.640 --> 01:52:57.640]  That's exactly what this was made for
[01:52:57.640 --> 01:53:00.640]  Private attorney general is in case law
[01:53:00.640 --> 01:53:06.640]  And we've had guys in the legal reform movement saying that you can do these certain things and become a private attorney general
[01:53:06.640 --> 01:53:09.640]  I've never found anything to support that
[01:53:09.640 --> 01:53:22.640]  But the courts have said where there is an issue that involves such a small amount that it's not worth it for most people to adjudicate it
[01:53:22.640 --> 01:53:34.640]  If someone picks up this issue, they can act in the capacity of a private attorney general and sue for themselves and all others similarly situated
[01:53:34.640 --> 01:53:36.640]  Well that would be a class
[01:53:36.640 --> 01:53:43.640]  No, a class is where each person harmed would have to join the class
[01:53:43.640 --> 01:53:53.640]  Under a private attorney general suit, the person can sue because they harmed all of these others
[01:53:53.640 --> 01:53:59.640]  But the others don't get, if she collects, they don't get part of what she collects
[01:53:59.640 --> 01:54:07.640]  It's a way of making the suit profitable enough to litigate to right the wrong
[01:54:07.640 --> 01:54:09.640]  Okay
[01:54:09.640 --> 01:54:21.640]  Well, under 1988 you can recover reasonable attorney fees when it's a violation of civil rights, which is what that is
[01:54:21.640 --> 01:54:25.640]  It's violating due process and meaningful access to court
[01:54:25.640 --> 01:54:32.640]  You should be able to find an attorney who will take it on that basis
[01:54:32.640 --> 01:54:34.640]  It's something to look at
[01:54:34.640 --> 01:54:46.640]  It might be a bit much for you to take on because I would suspect for you, you'd have to be kind of battle-hardened to take this on
[01:54:46.640 --> 01:55:01.640]  But send me an email on the foreclosure deliverance and I will get it to Jeff and he can help you with that issue
[01:55:01.640 --> 01:55:03.640]  Alright, that would be great
[01:55:03.640 --> 01:55:08.640]  I will be sending that and I'll be interested to hear from Jeff
[01:55:08.640 --> 01:55:10.640]  Okay, thank you deliverance
[01:55:10.640 --> 01:55:21.640]  By the way, just to let you know in case you haven't read any of my emails, this year since January 1, Jesse has won three
[01:55:21.640 --> 01:55:26.640]  That's what I heard, three outright
[01:55:26.640 --> 01:55:28.640]  Yeah
[01:55:28.640 --> 01:55:40.640]  I see these cases and they tend to indicate that the worm is turning somewhat, the politics is moving somewhat in our direction
[01:55:40.640 --> 01:55:47.640]  There is a very definite strategy that is being employed
[01:55:47.640 --> 01:55:50.640]  Are you talking about Jeff?
[01:55:50.640 --> 01:55:51.640]  Jesse
[01:55:51.640 --> 01:55:54.640]  Yeah, Jesse, okay
[01:55:54.640 --> 01:56:03.640]  And it's not rigid because there's a lot of them that are engaged at the same time
[01:56:03.640 --> 01:56:05.640]  A lot of them
[01:56:05.640 --> 01:56:11.640]  If it becomes necessary and we have seen where it's become necessary, it can shift
[01:56:11.640 --> 01:56:15.640]  Oh, by them you meant there's a lot of strategies
[01:56:15.640 --> 01:56:16.640]  Yes
[01:56:16.640 --> 01:56:17.640]  Oh, okay
[01:56:17.640 --> 01:56:20.640]  They're all being employed at the same time
[01:56:20.640 --> 01:56:33.640]  And if anybody's listening and is interested in knowing more about what Jeff and those he works with on, will you do a little shameless self-promotion?
[01:56:33.640 --> 01:56:41.640]  I'm not going to do that on there because I would be in competition with one of your paid advertisers so I'm not going to do that
[01:56:41.640 --> 01:56:42.640]  Actually
[01:56:42.640 --> 01:56:46.640]  You can go to voidjudgments.net
[01:56:46.640 --> 01:56:51.640]  Yes, go to voidjudgments.net
[01:56:51.640 --> 01:56:55.640]  I don't think that's a problem
[01:56:55.640 --> 01:56:57.640]  Because
[01:56:57.640 --> 01:57:03.640]  Since he is a friend and a competitor, I would have difficulty with
[01:57:03.640 --> 01:57:10.640]  Okay, that's fair enough, but if you want to know more about what Jeff does, send me an email
[01:57:10.640 --> 01:57:18.640]  And it's voidjudge.net
[01:57:18.640 --> 01:57:26.640]  And when I have really hard problems that I can't figure out the answer to, I call Jeff and annoy him
[01:57:26.640 --> 01:57:29.640]  Well, you got it half right
[01:57:29.640 --> 01:57:32.640]  You call me, you don't annoy me, Randy
[01:57:32.640 --> 01:57:39.640]  Then I'm not doing it right, I'll have to work on that
[01:57:39.640 --> 01:57:48.640]  Anyway, I'm frequently listening, but I don't always have the opportunity to engage in listening to your program
[01:57:48.640 --> 01:57:54.640]  Well, I'm glad you're listening, I'm glad you called on occasion, you're always a wealth of information
[01:57:54.640 --> 01:57:56.640]  Thank you
[01:57:56.640 --> 01:57:58.640]  Thank you, do you have anything else for us Jeff?
[01:57:58.640 --> 01:58:00.640]  No, no, not at all
[01:58:00.640 --> 01:58:01.640]  Okay
[01:58:01.640 --> 01:58:03.640]  Yeah, one other thing, one other thing
[01:58:03.640 --> 01:58:05.640]  Okay, we've got one minute
[01:58:05.640 --> 01:58:11.640]  Yeah, you have this cry of agency can't be proven out of the mouth of the agent, only out of the mouth of the principal
[01:58:11.640 --> 01:58:12.640]  Yes
[01:58:12.640 --> 01:58:21.640]  When have you ever seen an affidavit where the affidavit was affirmatively identified?
[01:58:21.640 --> 01:58:28.640]  I have a number of criminal charges I've been filing because of that
[01:58:28.640 --> 01:58:32.640]  Hang on, about to go to break
[01:58:32.640 --> 01:58:33.640]  Do you want me to hang on?
[01:58:33.640 --> 01:58:37.640]  Yeah, hang on, I want to talk about that on the other side, that's an important topic
[01:58:37.640 --> 01:58:49.640]  Randy Kelton, Steve Skidmore, Rue of La Radio, a call in number 512-646-1984, we'll be right back
[01:58:49.640 --> 01:58:57.640]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it
[01:58:57.640 --> 01:59:05.640]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture
[01:59:05.640 --> 01:59:08.640]  Enter the recovery version
[01:59:08.640 --> 01:59:17.640]  First, this new translation is extremely faithful and accurate, but the real story is the more than 9000 explanatory footnotes
[01:59:17.640 --> 01:59:21.640]  Difficult and profound passages are opened up in a marvelous way
[01:59:21.640 --> 01:59:27.640]  Providing an entrance into the riches of the Word beyond which you've ever experienced before
[01:59:27.640 --> 01:59:32.640]  Bibles for America would like to give you a free recovery version simply for the asking
[01:59:32.640 --> 01:59:43.640]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[01:59:43.640 --> 01:59:47.640]  Or by ordering online at freestudybible.com
[01:59:47.640 --> 01:59:50.640]  That's freestudybible.com
[01:59:50.640 --> 01:59:53.640]  You are listening to the Logos Radio Network
[01:59:53.640 --> 02:00:21.640]  Logosradionetwork.com