ROL_2014-06-20_16k_Hr1-2.timecode

[00:00.000 --> 00:07.240]  You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:07.240 --> 00:15.400]  updates online at TheLibertyBeat.com.
[00:15.400 --> 00:20.040]  This is Justin Armand with your Liberty Beat for June 20th, 2014.
[00:20.040 --> 00:28.400]  Gold opens today at $1,320, silver at $20.82, and Bitcoin is trading at $595.
[00:28.400 --> 00:31.600]  Support for the Liberty Beat comes from the notorious activist Michael Cargill.
[00:31.600 --> 00:38.240]  He has a new show called Come and Talk It, live Sunday afternoon at 4 p.m. on 1370 a.m.
[00:38.240 --> 00:39.240]  in Austin.
[00:39.240 --> 00:43.560]  That's 1370 a.m. in Austin on Sunday at 4 p.m.
[00:43.560 --> 00:48.280]  And support comes from My Magic Mud, an all-natural teeth whitening and strengthening remedy.
[00:48.280 --> 00:52.300]  Go to MyMagicMud.com or pick a jar up today at Brave New Books.
[00:52.300 --> 00:53.360]  And now the news.
[00:53.360 --> 00:58.380]  A new study published in Biomed Research International examines six studies by the Center for Disease
[00:58.380 --> 01:03.360]  Control that found thimerosal, an organic mercury compound found in vaccinations, to
[01:03.360 --> 01:04.560]  be safe.
[01:04.560 --> 01:08.720]  Researchers state that despite the six studies by the CDC claiming no danger, there are over
[01:08.720 --> 01:12.840]  165 studies which have found thimerosal to be harmful.
[01:12.840 --> 01:17.400]  Sixteen studies looking at the effects of thimerosal on human infants and children found
[01:17.400 --> 01:23.000]  a range of outcomes, including poisoning, allergic reactions, and neurological disorders.
[01:23.000 --> 01:27.600]  The researchers are calling for the CDC to reevaluate its position on thimerosal and
[01:27.600 --> 01:33.520]  its use in vaccines.
[01:33.520 --> 01:38.360]  Militants launched an attack on Iraq's largest oil reserve overnight Tuesday, but failed
[01:38.360 --> 01:39.840]  in their attempt.
[01:39.840 --> 01:44.400]  Security forces were able to repel the insurgents who have seized Iraqi military equipment provided
[01:44.400 --> 01:47.460]  to them through contracts with the U.S. government.
[01:47.460 --> 01:51.880]  With air support backup, Iraqi troops were able to destroy an ISIS convoy and gunned
[01:51.880 --> 01:55.640]  down three snipers who were trying to break into the Baji refinery.
[01:55.640 --> 02:02.880]  The Iraqi chief military spokesman said 40 attackers were killed in the fighting.
[02:02.880 --> 02:06.840]  The United States no longer ranks in the top 100 most peaceful nations.
[02:06.840 --> 02:12.720]  According to the annual Global Peace Index, it stands at 101 out of 162 nations.
[02:12.720 --> 02:17.720]  The annual assessment measures data driven from crime statistics, political forces, refugee
[02:17.720 --> 02:22.760]  activity, population trends, and other factors, including terrorism and economic conditions.
[02:22.760 --> 02:26.840]  Ireland is number one on the list, with Denmark and Austria close behind.
[02:26.840 --> 02:32.160]  The three least peaceful nations are South Sudan, Afghanistan, and Syria.
[02:32.160 --> 02:36.720]  Support for the Liberty Beat comes from Cabo Boz, now with two locations in Austin at 500
[02:36.720 --> 02:40.600]  East Ben White Boulevard and 2828 Rio Grande Boulevard.
[02:40.600 --> 02:46.320]  And from Roberts & Roberts Brokerage, Inc., specializing in precious metals since 1977.
[02:46.320 --> 02:50.400]  They don't feed the banks by taking credit cards, but you can bet they take bitcoin.
[02:50.400 --> 02:57.200]  Online at rrbi.co or by phone at 800-874-9760.
[02:57.200 --> 03:22.000]  This is Justin Armand reporting with the Liberty Beat.
[03:22.000 --> 03:49.800]  The Liberty Beat is available at rrbi.co or by phone at 800-874-9760.
[03:49.800 --> 04:17.600]  The Liberty Beat is available at rrbi.co or by phone at 800-874-9760.
[04:17.600 --> 04:45.400]  The Liberty Beat is available at rrbi.co or by phone at 800-874-9760.
[04:45.400 --> 05:05.200]  The Liberty Beat is available at rrbi.co or by phone at 800-874-9760.
[05:15.400 --> 05:42.200]  The Liberty Beat is available at rrbi.co or by phone at 800-874-9760.
[05:42.200 --> 06:10.000]  The Liberty Beat is available at rrbi.co or by phone at 800-874-9760.
[06:10.000 --> 06:14.360]  Sorry for the delay getting started, a little technical glitch we have on occasion.
[06:14.360 --> 06:25.920]  We are here with our special guest, Ken Magnuson, tonight on this Friday, June the 20th, 2014.
[06:25.920 --> 06:35.120]  Welcome to our four-hour info marathon, and we're going to talk about lobbying and dealing
[06:35.120 --> 06:40.240]  with our elected officials.
[06:40.240 --> 06:48.000]  We live in a state with 25 million people in it, and Ken and I have a number of times
[06:48.000 --> 06:55.960]  have been down to lobby our legislators and talk to subcommittees, and almost nobody shows
[06:55.960 --> 07:01.480]  up when we have a subcommittee recently when we had one to sunset the State Commission
[07:01.480 --> 07:09.960]  on Judicial Conduct with all the people that call in and talk about the problems with judges.
[07:09.960 --> 07:16.140]  Only about a half a dozen people out of 25 million showed up.
[07:16.140 --> 07:18.520]  There is a problem.
[07:18.520 --> 07:27.640]  It's a problem on the one hand, but if you are adamant about helping create change, there's
[07:27.640 --> 07:34.640]  also opportunity for you as an individual to make a real difference.
[07:34.640 --> 07:40.000]  Ken, will you kind of talk about that subject for us?
[07:40.000 --> 07:47.360]  Well, this is one of those situations in which everybody has to take a deep breath and recognize
[07:47.360 --> 07:53.400]  that probably what they were taught in school about government, at least half of it's not
[07:53.400 --> 07:56.720]  true.
[07:56.720 --> 07:59.760]  Question is, is which half?
[07:59.760 --> 08:06.360]  I just spent the better part of a week ago with the Republican Convention in Texas in
[08:06.360 --> 08:12.280]  Fort Worth and got to talk to a number of legislators and listen to some seminars that
[08:12.280 --> 08:16.720]  were being done by various organizations within it.
[08:16.720 --> 08:21.840]  The process is even a mystery to those who participate.
[08:21.840 --> 08:27.400]  There are assumptions made about how the process operates and the biggest issue that I'm going
[08:27.400 --> 08:36.200]  to tell you right now is government and decisions are made by those who show up.
[08:36.200 --> 08:40.400]  When I mean show up, that means you have to show up to vote.
[08:40.400 --> 08:46.640]  How many people I've met in the legal reform movement or just people who have problems
[08:46.640 --> 08:52.120]  with government who don't know who their state representative or who state senator is.
[08:52.120 --> 08:57.400]  Now this is a process by which you have to become engaged.
[08:57.400 --> 09:04.160]  I'm not saying go out there and talk to them about every single thing that bothers you.
[09:04.160 --> 09:10.240]  Pick the topic that is most important in your mind and for us, Randy and I included, it's
[09:10.240 --> 09:17.440]  about judicial processes which are going absolutely awry in this state and our counterparts in
[09:17.440 --> 09:21.200]  other states are also seeing the same thing.
[09:21.200 --> 09:26.520]  The issue is that if you've got a problem with how government operates, first thing
[09:26.520 --> 09:33.680]  you have to do is find out how was it supposed to operate, who's in charge of oversight,
[09:33.680 --> 09:38.760]  and then who's in charge of the legislature that created the rules and regulations or
[09:38.760 --> 09:44.920]  statutes that guide whatever operation is supposed to occur.
[09:44.920 --> 09:48.760]  Then you start to look at who voted for which bill.
[09:48.760 --> 09:56.720]  We live in a marvelous age of technology where at our fingertips we can see crazy videos
[09:56.720 --> 09:58.040]  on YouTube.
[09:58.040 --> 09:59.860]  We can listen to music.
[09:59.860 --> 10:07.920]  We can see what happened around the world and yet we find still a recalcitrant if not
[10:07.920 --> 10:14.200]  an absolute ignorance of people going out to the internet and looking at their own government
[10:14.200 --> 10:17.480]  and seeing how it actually functions.
[10:17.480 --> 10:22.140]  One of the things you have to do when you come to this is go in with an open mind.
[10:22.140 --> 10:26.480]  Don't make an assumption that they're all crooks.
[10:26.480 --> 10:27.480]  That's an excuse.
[10:27.480 --> 10:28.480]  That's a rationalization.
[10:28.480 --> 10:31.600]  I don't have to deal with them because they're all crooks.
[10:31.600 --> 10:33.200]  Well, you know what?
[10:33.200 --> 10:39.800]  On any given day when something's voted for, good or bad, there's usually 49% of them that
[10:39.800 --> 10:42.080]  didn't support it.
[10:42.080 --> 10:45.040]  That's all it takes, 51% to pass something.
[10:45.040 --> 10:50.960]  That means 49% of the people could have agreed with you or vice versa.
[10:50.960 --> 10:56.040]  The issue here is you got to figure out that everybody has various opinions and various
[10:56.040 --> 11:01.960]  pet projects and interests and what you have to do is find out who your legislator is and
[11:01.960 --> 11:05.720]  what they have as pet projects or interests.
[11:05.720 --> 11:10.440]  If they have a blind spot, meaning that they don't know that, for example, Child Protective
[11:10.440 --> 11:16.760]  Services in Texas is going under what's called Sunset Review, there'll be testimony taken
[11:16.760 --> 11:20.960]  next Wednesday on this issue but from the public.
[11:20.960 --> 11:25.440]  When I say testimony, I use that term advisedly.
[11:25.440 --> 11:31.000]  You'll have three minutes to essentially clear your throat and give an introduction to the
[11:31.000 --> 11:33.880]  fact that the agency has problems.
[11:33.880 --> 11:38.520]  About the time you get past the introduction and thanking the members of the commission,
[11:38.520 --> 11:45.280]  which I urge people don't do, your three minutes will be up.
[11:45.280 --> 11:51.640]  One of the things that's necessary to make change is to look at how the process of change
[11:51.640 --> 11:56.040]  is allowed to happen in a normally functioning process.
[11:56.040 --> 12:03.320]  The Sunset Commission, they look and review agencies under statute periodically.
[12:03.320 --> 12:10.080]  Some agencies are reviewed every six years, some agencies are reviewed every 12 years.
[12:10.080 --> 12:13.800]  It's up to the legislature to decide how often they get reviewed.
[12:13.800 --> 12:21.800]  The review process is an analysis by the agency itself in what they think their problems are
[12:21.800 --> 12:28.800]  and without giving too much of it away, chances are any of their big weaknesses other than
[12:28.800 --> 12:32.680]  the need for money or people, they're not going to talk about.
[12:32.680 --> 12:36.880]  They'll kind of try to scoot it under the rug and not mention that they have incompetent
[12:36.880 --> 12:45.960]  management or incompetent workers at the interface between government and the public.
[12:45.960 --> 12:50.800]  Then there'll be staff from the Sunset Commission that will go and interview people from that
[12:50.800 --> 12:55.680]  agency and write a staff report or recommendation.
[12:55.680 --> 13:00.640]  In between this process, there will be an opportunity for the public to participate
[13:00.640 --> 13:06.000]  and go down there and testify, again, for three minutes.
[13:06.000 --> 13:11.120]  The issue, though, is you can also submit written testimony, which is what I urge people
[13:11.120 --> 13:12.120]  to do.
[13:12.120 --> 13:16.880]  But you know what, this gets back to one of those big fears that people have, the two
[13:16.880 --> 13:21.720]  big fears of public speaking and writing reports.
[13:21.720 --> 13:28.360]  I've looked at people trying to write a letter just complaining about some product that they
[13:28.360 --> 13:35.040]  bought through the internet or whatever, and it's one page and they work on that letter
[13:35.040 --> 13:39.360]  for hours and it's not that big a deal.
[13:39.360 --> 13:46.280]  The material submitted to the legislature should look professional, it should look researched,
[13:46.280 --> 13:53.720]  it should be thoroughly researched, and this is something that most people don't have the
[13:53.720 --> 13:54.720]  skills to do.
[13:54.720 --> 13:58.600]  I'm saying if you want change of government, you don't like the way the government's functioning,
[13:58.600 --> 14:03.200]  you don't like what they're doing, and you see some real problems that need to be corrected,
[14:03.200 --> 14:04.520]  you got to tell somebody about it.
[14:04.520 --> 14:08.960]  If you don't write a report to do it, nobody's going to ever listen to you and we're never
[14:08.960 --> 14:09.960]  going to see change.
[14:09.960 --> 14:14.520]  Like Randy was saying earlier, the reason I know that people aren't coming down there
[14:14.520 --> 14:19.080]  is because when I first appeared on the scene and started complaining about judicial conduct
[14:19.080 --> 14:24.680]  and about the Bar Association in the early 2000s, I was the only one at the hearing.
[14:24.680 --> 14:26.760]  There wasn't anybody else there.
[14:26.760 --> 14:32.520]  There wasn't any ACLU, there wasn't the NAACP, there wasn't Judicial Watch or any of the
[14:32.520 --> 14:34.480]  other organizations.
[14:34.480 --> 14:41.640]  Nobody was there except me complaining that this agency was whitewashing rampant corruption
[14:41.640 --> 14:47.320]  on the bench, and they still are, as a matter of fact, it's worse than it's ever been.
[14:47.320 --> 14:51.520]  So the issue here is that what I want to do is try to get everybody excited.
[14:51.520 --> 14:54.040]  You can do this.
[14:54.040 --> 14:55.400]  Everybody can do this.
[14:55.400 --> 14:59.240]  Most people have fairly complicated jobs, a lot of rules, a lot of paperwork, and you
[14:59.240 --> 15:03.680]  got to file a list, and you got to sign this, and it's got to be filed with so and so, and
[15:03.680 --> 15:07.000]  a copy's got to be sent to the Denver office.
[15:07.000 --> 15:12.120]  There's always complications in life, and the only issue is whether or not you have
[15:12.120 --> 15:16.280]  the, number one, the drive to make change.
[15:16.280 --> 15:21.440]  Do you want to change, or do you just want to call in on Randy's show on Friday and Thursday
[15:21.440 --> 15:24.440]  and pitch and moan?
[15:24.440 --> 15:31.560]  Got to decide, because if we really want change, you got to participate, ballot box, and talk
[15:31.560 --> 15:33.920]  to your legislator.
[15:33.920 --> 15:40.440]  One of the nice things about this, I mean, who hasn't sat in front of the TV and watched
[15:40.440 --> 15:49.280]  one of your public officials or politicians get up there and pontificate their position
[15:49.280 --> 15:55.840]  while you were sitting back here editorializing everything they say, and essentially reading
[15:55.840 --> 15:57.360]  them the riot act?
[15:57.360 --> 16:01.560]  A lot more fun to do it in person.
[16:01.560 --> 16:06.680]  You get to watch them sit up there and squirm and wiggle in their seats and wish they were
[16:06.680 --> 16:12.320]  somewhere else, and we can make a difference.
[16:12.320 --> 16:14.400]  They're not used to people coming down there.
[16:14.400 --> 16:22.320]  For the most part, the only ones who show up are lawyers or lobbyists with special interests.
[16:22.320 --> 16:28.040]  For the most part, they don't see the people who vote them in and out of office.
[16:28.040 --> 16:34.040]  They need to hear from us, and if you go to these hearings, you will be one of a few.
[16:34.040 --> 16:36.160]  Your voices will be heard.
[16:36.160 --> 16:39.400]  I mean, Ken's voice is heard.
[16:39.400 --> 16:42.640]  His is heard all the way across the building.
[16:42.640 --> 16:48.320]  Okay, this is Randy Kelton, Deborah Stevens.
[16:48.320 --> 16:49.320]  Steve Skidmore's not here tonight.
[16:49.320 --> 16:52.320]  He had to take off.
[16:52.320 --> 16:54.520]  The call lines will be open.
[16:54.520 --> 16:56.040]  I'm getting everything screwed up.
[16:56.040 --> 17:00.720]  We'll be right back.
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[18:58.960 --> 18:59.960]  collectors next.
[18:59.960 --> 19:07.960]  You are listening to the Logos Radio Network, the Logos Radio Network.com.
[19:07.960 --> 19:27.240]  The last section is a section that helps you to get to the bottom more quickly.
[19:27.240 --> 19:43.160]  The world is spinning like it's out of control, on the edge of a hall, inside a deep dark
[19:43.160 --> 19:44.160]  dome.
[19:44.160 --> 19:53.400]  I'm always on the lookout for something to soothe my soul, so I sit back and watch the
[19:53.400 --> 20:07.600]  evidence unfold, and I see justice is the door, yeah, justice is the door.
[20:07.600 --> 20:15.600]  Sometimes we fell a little too far at sea, and then we got to get back on course to the
[20:15.600 --> 20:16.600]  sea.
[20:16.600 --> 20:23.600]  So I was a heavy advisory, from the man that came all the way from Galilee, a person called
[20:23.600 --> 20:28.600]  a safe and warm place to be, where I don't have to work so hard to be paid.
[20:28.600 --> 20:33.600]  Some guys are trying to rewrite history, but they got caught.
[20:33.600 --> 20:45.600]  Now them guys got the plea, looks like justice, looks like justice.
[20:45.600 --> 20:46.600]  Okay, we are back.
[20:46.600 --> 20:52.600]  Randy Kelton, Deborah Stevens, Steve Skidmore is off tonight, and we're here with our special
[20:52.600 --> 21:01.600]  guest, Ken Magnuson, and we're talking about lobbying, and especially now when we have
[21:01.600 --> 21:02.600]  Sunset Commissions.
[21:02.600 --> 21:07.600]  Those are the most fun to go down there and hammer them with.
[21:07.600 --> 21:12.600]  Ken and I have done this with the Commission on Judicial Conduct, the State Bar, and now
[21:12.600 --> 21:23.600]  it seems appropriate that the Child Protective Services is coming up for Sunset Review, because
[21:23.600 --> 21:30.600]  we have been doing some work in the family law area, but let's go back and talk about
[21:30.600 --> 21:37.600]  what we can do and how we can make a difference by talking to our legislators.
[21:37.600 --> 21:38.600]  Ken?
[21:38.600 --> 21:42.600]  Yes, well, one thing is they've changed the name.
[21:42.600 --> 21:49.600]  It's now called the Department of Family and Protective Services, DFPS.
[21:49.600 --> 21:55.600]  So, what used to be called Child Protective Services, DPS, is no longer being used, so
[21:55.600 --> 21:57.600]  they've changed the moniker.
[21:57.600 --> 22:03.600]  Now, this is just off the side, but I'm convinced they do that to generate revenue for the
[22:03.600 --> 22:09.600]  stationary companies to restock their documents, their envelopes.
[22:09.600 --> 22:21.600]  So, in any event, the issue with regards to family law in Texas is a particular problem.
[22:21.600 --> 22:23.600]  The issue is very important.
[22:23.600 --> 22:28.600]  We have a number of basic concerns we have with regards to what happens in families.
[22:28.600 --> 22:35.600]  So, we have a situation in which families, essentially a family is formed when parents,
[22:35.600 --> 22:41.600]  under traditional circumstances, husband and wife, they get married, they have kids, and
[22:41.600 --> 22:46.600]  then when it starts going bad, they end up getting a divorce.
[22:46.600 --> 22:50.600]  When that process occurs, the state intrudes into the process, and I'm going to use the
[22:50.600 --> 22:56.600]  word intrudes, because I think they've overstepped their bounds by a considerable margin.
[22:56.600 --> 23:05.600]  The family code in Texas gives great deference and great power for individual discretion
[23:05.600 --> 23:06.600]  to the judges.
[23:06.600 --> 23:14.600]  So, what one judge might accept as a reasonable process for raising kids under a divorced
[23:14.600 --> 23:19.600]  family situation will not be accepted by another judge.
[23:19.600 --> 23:25.600]  So, the issue is that suddenly now we have individual judges introducing or injecting
[23:25.600 --> 23:32.600]  into a family dynamics their own idiosyncratic prejudices on how to raise kids, and that
[23:32.600 --> 23:37.600]  is absolutely, in my mind, unconstitutional.
[23:37.600 --> 23:45.600]  So, what we have there is the opening salvo to a potential abuse of power that's just
[23:45.600 --> 23:53.600]  unrelenting, because they always have your kids as bargaining chips or as hostages.
[23:53.600 --> 23:59.600]  So, we have a situation where the legislature thought, well, the kids ought to be represented
[23:59.600 --> 24:04.600]  if something goes horribly wrong in a marriage, so we'll have the court able to appoint an
[24:04.600 --> 24:06.600]  ad litem attorney.
[24:06.600 --> 24:12.600]  The problem is the ad litem attorney is almost always a friend of the judge.
[24:12.600 --> 24:14.600]  These ad litem attorneys aren't selected at random.
[24:14.600 --> 24:18.600]  They're not selected because of their great compassion and capability of dealing with
[24:18.600 --> 24:19.600]  children.
[24:19.600 --> 24:27.600]  They get paid attorneys type salaries, that's anywhere from $150 to $450 an hour, for essentially
[24:27.600 --> 24:29.600]  just shuffling paperwork.
[24:29.600 --> 24:33.600]  Sometimes, they're advocates and they get in there and actually do their job, but that's
[24:33.600 --> 24:35.600]  a rare situation.
[24:35.600 --> 24:43.600]  So, it's based on the caprice of the judge as to who you get as an ad litem attorney
[24:43.600 --> 24:44.600]  assigned to your children.
[24:44.600 --> 24:46.600]  Well, then there's another kind of attorney.
[24:46.600 --> 24:50.600]  The judge decides that we need to have somebody watching out for the court's best interest
[24:50.600 --> 24:56.600]  in what we're doing here, and they assign what's called an amicus attorney or an amicus
[24:56.600 --> 24:57.600]  attorney.
[24:57.600 --> 25:03.600]  The amicus attorney, again, gets paid professional attorney's fees and rates and essentially
[25:03.600 --> 25:06.600]  is a friend of the judge.
[25:06.600 --> 25:11.600]  So, based on the fact that they get work and assigned to cases based on being a friend
[25:11.600 --> 25:16.600]  of the judge, what do you think the probability is that they're ever going to say anything
[25:16.600 --> 25:20.600]  or differ in opinion with what the judge says?
[25:20.600 --> 25:21.600]  Time's up.
[25:21.600 --> 25:23.600]  They're never going to differ.
[25:23.600 --> 25:30.600]  They're always going to be lockstep in sync with exactly what the opinions and the idiosyncratic
[25:30.600 --> 25:33.600]  process that the judge may want to do.
[25:33.600 --> 25:41.600]  So, we have a system that doesn't allow the introduction of good detective work with regards
[25:41.600 --> 25:44.600]  to any kind of abuse or special needs for the children.
[25:44.600 --> 25:51.600]  We have a system that essentially allows the judge to interfere with family dynamics and
[25:51.600 --> 25:58.600]  frequently CPS or protective services gets involved because somebody will make an allegation
[25:58.600 --> 26:04.600]  usually instigated by one of the lawyers to accuse one of the parties in the marriage
[26:04.600 --> 26:08.600]  of doing something horrible to the kids, child abuse.
[26:08.600 --> 26:18.600]  Most of the time, these are just verbal statements of abuse without any kind of meaningful facts,
[26:18.600 --> 26:23.600]  but the court on occasions will get child protective services involved or now family
[26:23.600 --> 26:25.600]  protective services involved.
[26:25.600 --> 26:30.600]  And they should go out and do an investigation.
[26:30.600 --> 26:38.600]  But what we found is we found that child protective services or family protective services essentially
[26:38.600 --> 26:43.600]  has their own agenda too, which is don't piss off the judge.
[26:43.600 --> 26:48.600]  So, they go out there and do an investigation and then look at what the judge is doing in
[26:48.600 --> 26:52.600]  court and rewrite their reports to fit exactly what the judge is doing.
[26:52.600 --> 26:57.600]  Now, this isn't happening all the time, but when it goes bad and goes horribly bad, this
[26:57.600 --> 26:59.600]  is how it happens.
[26:59.600 --> 27:07.600]  So, people wrongly accused of abuse are saddled with the abuse based on the judge's predilection
[27:07.600 --> 27:14.600]  for abusing people in his court and keeping the conflict running up as high as he can
[27:14.600 --> 27:24.600]  or she can, an equal opportunity abuse, and they will then saddle this person with essentially
[27:24.600 --> 27:33.600]  an order that denies them access to the kids or limited supervision, supervised visitation,
[27:33.600 --> 27:39.600]  will make them pay enormous amounts of money in child support, and it's all in order to
[27:39.600 --> 27:45.600]  rum up business and churn the case for the family law attorneys that are involved.
[27:45.600 --> 27:51.600]  So, the other process that may happen is where there was no abuse found and there is clear
[27:51.600 --> 27:57.600]  abuse and the court and the family protective services just disregards all the facts or
[27:57.600 --> 28:01.600]  evidence or doesn't even open an investigation file.
[28:01.600 --> 28:04.600]  They start their investigation by reading what's in the court's records.
[28:04.600 --> 28:09.600]  Instead of going out there with an open mind and investigating what's happening in the
[28:09.600 --> 28:14.600]  family dynamics, I've been hearing stories for a long time where the investigator will
[28:14.600 --> 28:19.600]  come in and find just little things wrong with the house or whatever, see a glass at
[28:19.600 --> 28:24.600]  the wrong height and it's a glass, glass, and suddenly now the child is in imminent
[28:24.600 --> 28:29.600]  danger of breaking the glass and harming themselves.
[28:29.600 --> 28:36.600]  So, again, we're talking about the idiosyncratic nature of an investigator who may not be qualified
[28:36.600 --> 28:40.600]  to do anything except write an observation report.
[28:40.600 --> 28:44.600]  They may not have any psychology training, I think they're supposed to, and I'm going
[28:44.600 --> 28:51.600]  to be reading reports to find out what their requirements are before I testify on Wednesday,
[28:51.600 --> 28:57.600]  but the issue is frequently they don't know anything or they're not utilizing the knowledge
[28:57.600 --> 28:59.600]  and the training that they've got.
[28:59.600 --> 29:05.600]  They essentially, again, write the report for the judge and that's what the problem
[29:05.600 --> 29:07.600]  has been.
[29:07.600 --> 29:10.600]  So, from that perspective, how do we change this?
[29:10.600 --> 29:14.600]  Well, I think the biggest thing that needs to be changed is the family code.
[29:14.600 --> 29:17.600]  The family code, we need to get rid of discretion by the judges.
[29:17.600 --> 29:21.600]  We need to have clear and concise family code that says, you know what, if parents get
[29:21.600 --> 29:34.600]  divorced, the primary goal or the specific requirement of the state of Texas is to provide
[29:34.600 --> 29:38.600]  for co-parenting with no child support.
[29:38.600 --> 29:47.600]  And only after a trial period and a showing of evidence of non-cooperation does one parent
[29:47.600 --> 29:52.600]  then lose their right to be the co-parenting and they end up having to pay child support.
[29:52.600 --> 29:57.600]  And the other parent that was cooperative and trying to do co-parenting essentially
[29:57.600 --> 29:59.600]  gets cut.
[29:59.600 --> 30:06.600]  The key to better sports performance might be sitting on a shelf in your kitchen cabinet.
[30:06.600 --> 30:10.600]  I'm Dr. Catherine Albrecht and I'll be right back to explain how a common baking ingredient
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[30:58.600 --> 31:03.600]  before a tennis game maintain their accuracy and consistency, while those given a placebo
[31:03.600 --> 31:04.600]  slow down faster.
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[31:10.600 --> 31:14.600]  Baking soda can have side effects ranging from diarrhea to heart problems.
[31:14.600 --> 31:18.600]  So check with your doctor before trading in sports drinks for the performance enhancing
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[31:20.600 --> 31:22.600]  I'm Dr. Catherine Albrecht.
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[32:02.600 --> 32:05.600]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:05.600 --> 32:08.600]  In today's America, we live in an us-against-them society, and if we the people are ever going
[32:08.600 --> 32:12.600]  to have a free society, then we're going to have to stand and defend our own rights.
[32:12.600 --> 32:15.600]  Among those rights are the right to travel freely from place to place, the right to act
[32:15.600 --> 32:19.600]  in our own private capacity, and most importantly, the right to due process of law.
[32:19.600 --> 32:23.600]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.600 --> 32:25.600]  our rights through due process.
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[32:29.600 --> 32:32.600]  most comprehensive teaching tool available that will help you understand what due process
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[33:03.600 --> 33:14.600]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:14.600 --> 33:25.600]  Yeah, I got a warrant and I'm going to solve them, to the help of government them, prosecute them.
[33:25.600 --> 33:28.600]  Okay.
[33:28.600 --> 33:31.600]  All set.
[33:31.600 --> 33:36.600]  It's just a race for Mr. Bush.
[33:36.600 --> 33:41.600]  It's just a race for the chain.
[33:41.600 --> 33:44.600]  Well, I need a prosecutor to come and help me.
[33:44.600 --> 33:46.600]  Okay, we are back.
[33:46.600 --> 33:53.600]  Randy Kelton here with our special guest, Ken Mangison, and we're talking about primarily
[33:53.600 --> 33:56.600]  family, family relations.
[33:56.600 --> 34:04.600]  And Ken, have you ever had any encounters in the family law area that you felt were less
[34:04.600 --> 34:06.600]  than savory?
[34:06.600 --> 34:07.600]  Oh, wait a minute.
[34:07.600 --> 34:08.600]  Let me rephrase that.
[34:08.600 --> 34:13.600]  Have you ever had any encounters that you felt were savory?
[34:13.600 --> 34:14.600]  Yes, I have.
[34:14.600 --> 34:22.600]  I've seen a number of cases in which everybody did what they were supposed to do and a relatively
[34:22.600 --> 34:24.600]  normal divorce takes place.
[34:24.600 --> 34:27.600]  An agreement is reached between the parties.
[34:27.600 --> 34:29.600]  A divorce decree is hammered out.
[34:29.600 --> 34:30.600]  Everybody signs it.
[34:30.600 --> 34:34.600]  They present it to the judge, and it's a done deal.
[34:34.600 --> 34:39.600]  And there's lots of examples of divorce decrees and visitation out there online.
[34:39.600 --> 34:44.600]  There's some statutory provisions that have to be in the divorce decree and visitation
[34:44.600 --> 34:49.600]  just so that everybody understands that if you screw up under these circumstances, bad
[34:49.600 --> 34:51.600]  things are really going to happen to you.
[34:51.600 --> 34:56.600]  So I've seen it happen, and I've seen it happen for a reasonable price, even with attorneys
[34:56.600 --> 34:59.600]  involved, which is almost unheard of.
[34:59.600 --> 35:07.600]  But when the case becomes provocative, and this can happen either by one or both parties
[35:07.600 --> 35:14.600]  throwing rocks at each other, or the attorneys essentially muckraking in order to create
[35:14.600 --> 35:21.600]  animosity and harsh feelings and betrayal, and then everybody starts throwing more rocks
[35:21.600 --> 35:22.600]  at each other.
[35:22.600 --> 35:28.600]  And the other analogy we can use is one attorney brings the gasoline, the other one brings
[35:28.600 --> 35:29.600]  the matches.
[35:29.600 --> 35:32.600]  And essentially, we've got an inferno.
[35:32.600 --> 35:38.600]  And when that happens, divorce cases can take years.
[35:38.600 --> 35:47.600]  We've kind of addressed part of that in that it appears as though the lawyer from each
[35:47.600 --> 35:54.600]  side looks at the clients and looks at their estate, and without necessarily discussing
[35:54.600 --> 36:00.600]  these issues with each other, the lawyers kind of figure out how much of these two people's
[36:00.600 --> 36:03.600]  estate they can swallow.
[36:03.600 --> 36:08.600]  And they start kicking issues and motions back and forth until they've swallowed up
[36:08.600 --> 36:11.600]  as much of the estate as they possibly can.
[36:11.600 --> 36:17.600]  And then they move in and let them make the agreement that they should have made in the
[36:17.600 --> 36:20.600]  first place.
[36:20.600 --> 36:25.600]  Does that sound anywhere near accurate?
[36:25.600 --> 36:29.600]  That can be very accurate in many cases.
[36:29.600 --> 36:34.600]  And then if you turn around and see that the judge has a dog in the fight or a perceived
[36:34.600 --> 36:39.600]  dog in the fight, meaning that the judge sides with one law firm or the other, they will
[36:39.600 --> 36:45.600]  go ahead and do something very provocative, meaning that the person who already has custody
[36:45.600 --> 36:51.600]  will lose custody, they'll send custody to the other side, they'll have some sort of
[36:51.600 --> 36:59.600]  faux hearing and rule against that person for some sort of minor family violence type
[36:59.600 --> 37:05.600]  issue, but issue protective orders and now order this person to pay child support.
[37:05.600 --> 37:06.600]  We've seen this many times.
[37:06.600 --> 37:11.600]  And what happens is based on that, the person that had had custody and everything was going
[37:11.600 --> 37:16.600]  along great, suddenly now is in the battle of their life.
[37:16.600 --> 37:22.600]  And if you want to talk about where people will fight and fight hard, it's for children.
[37:22.600 --> 37:27.600]  This is the number one place where, I mean, people will die to protect their children.
[37:27.600 --> 37:30.600]  And the courts know this, the attorneys know this.
[37:30.600 --> 37:35.600]  As a matter of fact, most of the attorneys in family law that I've seen that are reprehensible
[37:35.600 --> 37:39.600]  are much better psychologists than they are lawyers.
[37:39.600 --> 37:45.600]  So the issue here is that, and part of this is dovetailing to the issue of family protective
[37:45.600 --> 37:49.600]  services, is because they play a part in all of this.
[37:49.600 --> 37:54.600]  They could quench the flames if they were paying attention and actually stood up to
[37:54.600 --> 38:00.600]  the judge and said, no, we didn't find any abuser saying yes, we did find abuser saying
[38:00.600 --> 38:05.600]  no, we suspect there might be abuse, but we can't find any tangible evidence to support
[38:05.600 --> 38:06.600]  it.
[38:06.600 --> 38:12.600]  And the idea is we can't have, and this is one of the bad situations about, we can't
[38:12.600 --> 38:19.600]  turn around and say, you know what, all families at one time or another do something that family
[38:19.600 --> 38:20.600]  protective services wouldn't like.
[38:20.600 --> 38:21.600]  So all parents are bad parents.
[38:21.600 --> 38:26.600]  So we might as well just gather up all the children and put them in a compound someplace
[38:26.600 --> 38:30.600]  and the state raised them since obviously the state knows better.
[38:30.600 --> 38:31.600]  Well, they think they do.
[38:31.600 --> 38:34.600]  That's why they wrote the family code the way they did.
[38:34.600 --> 38:38.600]  And the problem is, is with that same attitude, we could turn around and say, you know, what
[38:38.600 --> 38:41.600]  we ought to do is lock up all the legislators, you know, because they're all corrupt, they're
[38:41.600 --> 38:44.600]  all politicians, and they're going to do something corrupt sooner or later anyway.
[38:44.600 --> 38:49.600]  So we might as well just all put them in prison as soon as they get elected.
[38:49.600 --> 38:51.600]  And there you have it.
[38:51.600 --> 38:54.600]  We throw the baby out with the bath water, so to speak.
[38:54.600 --> 38:56.600]  We've got to look at empirical evidence.
[38:56.600 --> 39:03.600]  You can't take a child away from somebody without having real facts, concrete facts
[39:03.600 --> 39:11.600]  known, procedures and policies in place that are supported by tangible evidence, not by
[39:11.600 --> 39:14.600]  innuendo or I believe.
[39:14.600 --> 39:17.600]  I believe isn't enough to put, oh, I believe that that person's corrupt.
[39:17.600 --> 39:19.600]  Oh, they need to go to jail.
[39:19.600 --> 39:20.600]  You know, that's not it.
[39:20.600 --> 39:25.600]  In this country, you don't take people, you don't take, you don't put people in prison
[39:25.600 --> 39:30.600]  and you don't take their children away unless you prove a case.
[39:30.600 --> 39:33.600]  And that's not what's being done right now.
[39:33.600 --> 39:39.600]  And child protective services or family protective services or whatever is absolutely
[39:39.600 --> 39:45.600]  incompetent in many cases with regards to this process.
[39:45.600 --> 39:46.600]  So.
[39:46.600 --> 39:53.600]  Yeah, but in other cases, they are very competent, but the judges have other agendas.
[39:53.600 --> 39:59.600]  And what duty does the judge have to pay attention to child protective services?
[39:59.600 --> 40:03.600]  Well, the best we can tell is the judges that are in the family courts that we've been
[40:03.600 --> 40:06.600]  seeing in Tarrant County, they disregard any of the law.
[40:06.600 --> 40:10.600]  They do whatever they want because they think they're omnipotent.
[40:10.600 --> 40:13.600]  They think they can, they have immunity from prosecution.
[40:13.600 --> 40:16.600]  They feel that they can do whatever they want.
[40:16.600 --> 40:20.600]  Right now there is a, in Tarrant County, there's a number of organizations that have
[40:20.600 --> 40:23.600]  sprung up to watch the family courts.
[40:23.600 --> 40:29.600]  And one of the stories that I've been hearing is a repeat process is that a party
[40:29.600 --> 40:35.600]  will be made to lose custody and visitation because some, some allegation.
[40:35.600 --> 40:36.600]  It's never proven.
[40:36.600 --> 40:39.600]  It's always done in the associate judge.
[40:39.600 --> 40:42.600]  Let's go ahead and describe the associate judge issue.
[40:42.600 --> 40:45.600]  Most counties in the state have a district judge and they're the ones to get
[40:45.600 --> 40:48.600]  jurisdiction over family law cases.
[40:48.600 --> 40:53.600]  That same district judge will hear criminal cases and all in civil cases of all types.
[40:53.600 --> 40:58.600]  In some jurisdictions, there's so few population that they will assign it by
[40:58.600 --> 41:04.600]  statute to a county court of law to do, do divorces, which I think is a bad idea.
[41:04.600 --> 41:06.600]  But in any event, they do.
[41:06.600 --> 41:11.600]  And then in other counties that are very highly populated, heavily populated and
[41:11.600 --> 41:15.600]  have a lot of divorce cases, they've decided to set up family law courts, which
[41:15.600 --> 41:18.600]  are district courts that only hear family law.
[41:18.600 --> 41:22.600]  They will also create associate judges in the federal system.
[41:22.600 --> 41:24.600]  This is the equivalent of magistrate.
[41:24.600 --> 41:28.600]  Well, the problem with it, with the rule is all this does is double the effort
[41:28.600 --> 41:32.600]  because if you go in front of the associate judge, the associate judge frequently
[41:32.600 --> 41:34.600]  will not have things on the record.
[41:34.600 --> 41:37.600]  One of the things I want to tell anybody that's listening right now that's
[41:37.600 --> 41:42.600]  involved or may be involved in a family law dispute is that you must make sure
[41:42.600 --> 41:45.600]  that you preserve everything on the record.
[41:45.600 --> 41:50.600]  If you can, the best way to do it is hire your own stenographer and bring them
[41:50.600 --> 41:52.600]  into the courtroom with you.
[41:52.600 --> 41:57.600]  Now we've been hearing stories where some of the independently hired stenographers
[41:57.600 --> 42:02.600]  have been denied access to the court, and this is absolutely forbidden by law.
[42:02.600 --> 42:06.600]  But they've been doing it anyway because they're trying to maintain control over
[42:06.600 --> 42:12.600]  the hearing and the transcript.
[42:12.600 --> 42:15.600]  But in any event, what will happen is the associate judge will make some sort of
[42:15.600 --> 42:19.600]  arbitrary ruling, and if nobody objects to the fact that it's not on the record,
[42:19.600 --> 42:24.600]  there was testimony, and there may be testimony that doesn't have any validity
[42:24.600 --> 42:28.600]  at all or it may be just innuendo or hearsay, and the judge makes a ruling and
[42:28.600 --> 42:33.600]  signs their orders and implies like there was a lot of evidence.
[42:33.600 --> 42:36.600]  If there isn't a transcript to support the fact that there was no evidence
[42:36.600 --> 42:42.600]  submitted or the evidence wasn't really tangible, you've waived all your rights.
[42:42.600 --> 42:44.600]  You can appeal this now to the district judge.
[42:44.600 --> 42:46.600]  You've got to do it very quickly.
[42:46.600 --> 42:47.600]  It's like three days notice.
[42:47.600 --> 42:50.600]  That's it, to appeal it for de novo hearing.
[42:50.600 --> 42:55.600]  Well, the district judge is supposed to have a de novo hearing, but one of the
[42:55.600 --> 42:59.600]  rules there is they're supposed to have the hearing within 30 days.
[42:59.600 --> 43:04.600]  If your attorney or if you are representing yourself don't get it scheduled
[43:04.600 --> 43:08.600]  within 30 days, you waive your right to the de novo hearing.
[43:08.600 --> 43:12.600]  They know this, so they play games and the court coordinators will fail to
[43:12.600 --> 43:16.600]  schedule stuff or they'll misschedule stuff or they'll schedule it more than
[43:16.600 --> 43:20.600]  30 days out and then some, you'll get a notice that the hearing got canceled,
[43:20.600 --> 43:21.600]  and that's it.
[43:21.600 --> 43:25.600]  You just waived your rights and you didn't even know you did it, and that's
[43:25.600 --> 43:27.600]  part of the tricks that they're doing right now.
[43:27.600 --> 43:33.600]  We've got one judge here in Tarrant County, Judge Sinha, who essentially
[43:33.600 --> 43:39.600]  conspired with the domestic relations office to put a woman in jail in order
[43:39.600 --> 43:40.600]  to keep her...
[43:40.600 --> 43:42.600]  Hang on, we're about to go to break.
[43:42.600 --> 43:48.600]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio here with Ken
[43:48.600 --> 43:49.600]  Magnuson.
[43:49.600 --> 43:53.600]  Our call in number 512-646-1984.
[43:53.600 --> 43:54.600]  Give us a call.
[43:54.600 --> 43:56.600]  We'll be taking calls the rest of the night.
[43:56.600 --> 43:58.600]  We'll be right back.
[44:26.600 --> 44:48.600]  Thank you.
[44:56.600 --> 45:03.600]  Are you the plaintiff or defendant in a lawsuit?
[45:03.600 --> 45:07.600]  Win your case without an attorney with Jurisdictionary, the affordable,
[45:07.600 --> 45:14.600]  easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step.
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[46:01.600 --> 46:24.600]  MUSIC
[46:24.600 --> 46:38.600]  MUSIC
[46:38.600 --> 46:40.600]  OK, we are back.
[46:40.600 --> 46:48.600]  Randy Kelton, Deborah Stevens here with Ken Magnuson, and we were talking about
[46:48.600 --> 46:52.600]  one of our favorite judges, Judge Sidenhall, when we went out.
[46:52.600 --> 46:54.600]  Will you pick that or can I?
[46:54.600 --> 46:55.600]  Yeah.
[46:55.600 --> 46:59.600]  The basic premise of what's been going on, and I've been hearing this story
[46:59.600 --> 47:04.600]  since the latest story occurred in January, but what they've been doing is
[47:04.600 --> 47:07.600]  the judges, almost all the family court judges have been doing this to some
[47:07.600 --> 47:12.600]  extent, is they go ahead and create the animosity in what's going on, and
[47:12.600 --> 47:16.600]  they find out who have, and frequently they find out who has the deepest
[47:16.600 --> 47:20.600]  pockets, and they create a situation in which they'll go ahead and keep
[47:20.600 --> 47:22.600]  fighting and fighting and fighting.
[47:22.600 --> 47:27.600]  Well, in some cases, they'll go ahead and order them to pay child support in
[47:27.600 --> 47:31.600]  excess of what they're required by statute.
[47:31.600 --> 47:34.600]  Of course, the law allows you to go to the appellate court with a mandamus to
[47:34.600 --> 47:38.600]  fix that, but the average person doesn't know that process, and they know it's
[47:38.600 --> 47:40.600]  expensive if you hire an attorney.
[47:40.600 --> 47:45.600]  It's going to cost you $5,000 to $10,000 to do that, and that's what you're
[47:45.600 --> 47:49.600]  going to pay just to get the judge to follow the rules the first time.
[47:49.600 --> 47:53.600]  But anyway, what they've been doing is then they issue orders indicating that
[47:53.600 --> 47:57.600]  the person may be behind on child support, and they'll issue an arrest
[47:57.600 --> 47:58.600]  warrant for them.
[47:58.600 --> 48:02.600]  They're supposed to provide this person with counsel if they don't have
[48:02.600 --> 48:06.600]  counsel, and only after waiver of counsel can they have the hearings.
[48:06.600 --> 48:10.600]  But uniformly, we've been seeing all over the state that the judges are
[48:10.600 --> 48:17.600]  disregarding statutory law, which is in 157 of the Family Code of Texas, and
[48:17.600 --> 48:23.600]  they've been issuing the arrest warrant arresting these people, usually on a
[48:23.600 --> 48:26.600]  Friday, so they can't get out until Monday.
[48:26.600 --> 48:31.600]  And the jailers all know this person's name, and all of the people on the jail
[48:31.600 --> 48:35.600]  ward have been told about this person, and they harass them.
[48:35.600 --> 48:37.600]  In some cases, they assault them.
[48:37.600 --> 48:43.600]  There's been stories of people being thrown down a stairwell, and the most
[48:43.600 --> 48:48.600]  incredible story that I heard, which was believable, was that they prepare a
[48:48.600 --> 48:50.600]  special cell for them.
[48:50.600 --> 48:54.600]  One gentleman told me that he comes in, and essentially one of the prisoners in
[48:54.600 --> 48:59.600]  there that has diarrhea, they collect it and they spray it all over the cell
[48:59.600 --> 49:01.600]  for the newbie to come in.
[49:01.600 --> 49:05.600]  And they put him in that cell and make him stay in that cell for the entire
[49:05.600 --> 49:10.600]  weekend without a shower, without soap, and frequently the water's turned off
[49:10.600 --> 49:12.600]  so they can't even wash.
[49:12.600 --> 49:17.600]  And this is all done in order to create the fear of retaliation.
[49:17.600 --> 49:20.600]  Essentially, it's worse than Abu Ghraib.
[49:20.600 --> 49:25.600]  And the goal of this is to have them call their family members, whoever, you
[49:25.600 --> 49:29.600]  know, uncles, aunts, grandparents, or whatever, to raise the money in order to
[49:29.600 --> 49:32.600]  pay the extortion to get them out of jail.
[49:32.600 --> 49:37.600]  And this has been going on, and it's been going on for a long time, and it's
[49:37.600 --> 49:40.600]  just getting worse.
[49:40.600 --> 49:46.600]  So the recent woman was ordered to pay child support, and she was put on what's
[49:46.600 --> 49:50.600]  called community supervision.
[49:50.600 --> 49:54.600]  In the community supervision, she was behind about $1,000 in child support
[49:54.600 --> 49:57.600]  from what the documents say on the court website.
[49:57.600 --> 50:04.600]  And essentially the attorney for the domestic relations office filed a motion
[50:04.600 --> 50:11.600]  to have her community supervision revoked and have her put in jail.
[50:11.600 --> 50:17.600]  The motion contained no certificate of service under 21A of the rules of civil
[50:17.600 --> 50:27.600]  procedure, and essentially in the actual argument, the attorney for the
[50:27.600 --> 50:32.600]  domestic relations office says no notice is necessary, even though that stands
[50:32.600 --> 50:37.600]  in absolute stark contrast to what the code actually says.
[50:37.600 --> 50:42.600]  So the judge and the attorney met in what's referred to as an ex parte hearing
[50:42.600 --> 50:48.600]  and issued the arrest warrant immediately without ever providing her with counsel.
[50:48.600 --> 50:49.600]  She was indigent.
[50:49.600 --> 50:54.600]  She'd lost her job, and essentially they arrested her and put her in jail.
[50:54.600 --> 50:59.600]  Despite the fact that a motion to disqualify the judge was filed, and
[50:59.600 --> 51:04.600]  essentially the sitting judge, Judge Sinha, with the administrative judge,
[51:04.600 --> 51:08.600]  Jeffrey Walker, conspired to deny her due process rights and deny her the
[51:08.600 --> 51:10.600]  disqualification.
[51:10.600 --> 51:14.600]  This is another common tactic that they're using in Texas right now.
[51:14.600 --> 51:18.600]  The issue is that pro se litigants or people without attorneys are being
[51:18.600 --> 51:26.600]  actually attacked by the judge and the attorneys in the process, and due
[51:26.600 --> 51:28.600]  process is just out the window.
[51:28.600 --> 51:32.600]  The courts have not just become indifferent to due process, they become
[51:32.600 --> 51:34.600]  outwardly hostile.
[51:34.600 --> 51:38.600]  So this is part of why you have to do your research and make sure you
[51:38.600 --> 51:42.600]  understand what's going on so that you're ready with the proper motions in
[51:42.600 --> 51:44.600]  order to circumvent some of this.
[51:44.600 --> 51:48.600]  The sooner they see that you're willing to fight tooth and nail, the less
[51:48.600 --> 51:51.600]  likely they are to go to this extent.
[51:51.600 --> 51:57.600]  Now, at this point in time, Judge Sinha is on the ropes with regards to what
[51:57.600 --> 51:58.600]  he's done.
[51:58.600 --> 52:03.600]  There's a writ of habeas corpus now filed by this woman's attorney, and
[52:03.600 --> 52:08.600]  there's judicial conduct complaints in the process in the pipeline, and
[52:08.600 --> 52:12.600]  there will probably be in the near future a complaint out on the internet
[52:12.600 --> 52:14.600]  with regards to this kind of thing.
[52:14.600 --> 52:20.600]  Yes, and he's looking at a number of criminal complaints.
[52:20.600 --> 52:28.600]  And, you know, we have a very well-structured corpus juris, body of law.
[52:28.600 --> 52:32.600]  We have lots of checks and balances in place.
[52:32.600 --> 52:39.600]  In order for this judge and this lawyer to get done what they did, they had
[52:39.600 --> 52:41.600]  to violate a lot of laws.
[52:41.600 --> 52:45.600]  If you get out the penal code and Code of Criminal Procedure and read them
[52:45.600 --> 52:53.600]  and then follow what they've done, here we had a lawyer put together a motion
[52:53.600 --> 53:00.600]  to ask the judge to revoke probation and incarcerate this woman.
[53:00.600 --> 53:07.600]  In order for that to happen, the woman had a right to notice, notice an
[53:07.600 --> 53:08.600]  opportunity.
[53:08.600 --> 53:18.600]  Well, the record shows that the lawyer sent the motion to the judge without a
[53:18.600 --> 53:20.600]  certificate of service on it.
[53:20.600 --> 53:29.600]  The judge received the motion, and the same day it was filed, issued a warrant.
[53:29.600 --> 53:32.600]  Now, we assume they had a hearing.
[53:32.600 --> 53:36.600]  If they didn't have a hearing, the judge just on his own issued the warrant.
[53:36.600 --> 53:39.600]  Well, here's the problem.
[53:39.600 --> 53:42.600]  The judge didn't have authority to issue the warrant until there was a
[53:42.600 --> 53:44.600]  proper hearing.
[53:44.600 --> 53:48.600]  The accused had a right to due process, and this went to liberty.
[53:48.600 --> 53:51.600]  They also had a right to appointment of counsel.
[53:51.600 --> 53:54.600]  That was 157, wasn't it, Ken?
[53:54.600 --> 53:55.600]  Correct.
[53:55.600 --> 53:56.600]  Yeah.
[53:56.600 --> 54:01.600]  So in order for this to happen, if you back up and look at the code, the
[54:01.600 --> 54:08.600]  lawyer committed criminal solicitation wherein the lawyer asked the judge to
[54:08.600 --> 54:14.600]  issue a warrant with a motion that did not meet the statutory filing
[54:14.600 --> 54:21.600]  requirements, in that it did not meet the notice requirements.
[54:21.600 --> 54:27.600]  The judge then acted in concert and collusion with the lawyer and issued
[54:27.600 --> 54:28.600]  the warrant.
[54:28.600 --> 54:37.600]  Now, this was an improper act, and the two conspired one with the other.
[54:37.600 --> 54:41.600]  1502 Code of Criminal Procedures criminal conspiracy.
[54:41.600 --> 54:45.600]  1503 Criminal Solicitation.
[54:45.600 --> 54:48.600]  They acted in concert and collusion with one another in committing these
[54:48.600 --> 54:55.600]  crimes, so both are under Chapter 7 under culpability, I think it's 7.02,
[54:55.600 --> 55:02.600]  both are equally culpable for the crimes, each is equally culpable for the
[55:02.600 --> 55:04.600]  crimes of the other.
[55:04.600 --> 55:06.600]  Then the judge issued the warrant.
[55:06.600 --> 55:13.600]  Well, I'm sorry, the lawyer secured and executed a document by deception in
[55:13.600 --> 55:18.600]  that she prepared this document and sent it only to the judge when she was
[55:18.600 --> 55:24.600]  required to send a copy to both the judge and the lawyer on the other side.
[55:24.600 --> 55:26.600]  So securing and executing.
[55:26.600 --> 55:34.600]  Then the judge issued a warrant when he did not have authority to issue the
[55:34.600 --> 55:37.600]  warrant because he hadn't met all the statutory requirements.
[55:37.600 --> 55:42.600]  And in so doing, he exerted or purported to exert an authority he did not
[55:42.600 --> 55:46.600]  expressly have and in the process denied a citizen full and free access to
[55:46.600 --> 55:50.600]  her enjoyment of right, and under 39.03 Penal Code of the State of Texas,
[55:50.600 --> 55:52.600]  that's a class A misdemeanor.
[55:52.600 --> 55:59.600]  And then he wrote out this warrant, and this warrant stated that he had the
[55:59.600 --> 56:04.600]  authority to restrict this woman at her liberty when he had no such thing.
[56:04.600 --> 56:07.600]  He tampered with the government document.
[56:07.600 --> 56:14.600]  And then he had the Sheriff's Department arrest this woman.
[56:14.600 --> 56:17.600]  Here's where it gets ugly.
[56:17.600 --> 56:22.600]  The Sheriff's Department, when they arrested the woman on this facially
[56:22.600 --> 56:31.600]  valid warrant, the arrest was technically legal because the jailers, I mean,
[56:31.600 --> 56:36.600]  the sheriff's deputies who did the arrest, they acted in good faith
[56:36.600 --> 56:39.600]  reliance on competent authority.
[56:39.600 --> 56:41.600]  Until?
[56:41.600 --> 56:44.600]  Well, we'll get to that in a minute.
[56:44.600 --> 56:49.600]  The problem is the arrest was illegal.
[56:49.600 --> 56:54.600]  And the officers, at the time they perpetrated the arrest, placed their
[56:54.600 --> 56:59.600]  hands on this woman in a way that a reasonable person of ordinary prudence
[56:59.600 --> 57:03.600]  would consider to be offensive.
[57:03.600 --> 57:09.600]  And they did so while prominently displaying deadly weapons.
[57:09.600 --> 57:15.600]  Now, the way I read 2202, B2A, Texas Penal Code, that's a first degree felony
[57:15.600 --> 57:17.600]  in the state of Texas.
[57:17.600 --> 57:22.600]  But in fact, the deputies didn't commit first degree felony aggravated
[57:22.600 --> 57:23.600]  assault.
[57:23.600 --> 57:28.600]  The judge committed first degree felony aggravated assault using the deputies
[57:28.600 --> 57:32.600]  as deadly weapons.
[57:32.600 --> 57:38.600]  And then the jailers from there, they, whoever arrested or took her to jail,
[57:38.600 --> 57:43.600]  and then they did a lot of other things, beat her up, threw her down the
[57:43.600 --> 57:45.600]  stairs.
[57:45.600 --> 57:50.600]  We went through a list of these and there was just a whole stack of criminal
[57:50.600 --> 57:51.600]  accusations.
[57:51.600 --> 57:55.600]  One more thing we left out in that sequence, they didn't take her
[57:55.600 --> 57:58.600]  immediately to a magistrate.
[57:58.600 --> 58:01.600]  I was just going up to the arrest itself.
[58:01.600 --> 58:05.600]  And from there, they didn't take her to a magistrate, took her straight to
[58:05.600 --> 58:06.600]  jail.
[58:06.600 --> 58:11.600]  And after they took her to jail, they didn't simply hold her but use the
[58:11.600 --> 58:13.600]  opportunity to punish her.
[58:13.600 --> 58:15.600]  We can pick that up when we come back.
[58:15.600 --> 58:17.600]  They did a lot.
[58:17.600 --> 58:22.600]  This is Randy Kelton, Steve Skidmore, except he's not here tonight, Debra
[58:22.600 --> 58:26.600]  Stevens, Rue of La Radio, here with our special guest, Kid Magnuson.
[58:26.600 --> 58:28.600]  Our phone lines will be open the rest of the night.
[58:28.600 --> 58:33.600]  Give us a call, 512-646-1984.
[58:33.600 --> 58:36.600]  Jaja, oh, I see you there.
[58:36.600 --> 58:38.600]  I remember Jaja.
[58:38.600 --> 58:41.600]  We will try to get you a call on the other side.
[58:41.600 --> 58:42.600]  Hang on.
[58:42.600 --> 58:50.600]  We'll be right back.
[58:50.600 --> 58:53.600]  Would you like to make more definite progress in your walk with God?
[58:53.600 --> 58:58.600]  Bibles for America is offering a free study Bible and a set of free
[58:58.600 --> 59:00.600]  Christian books that can really help.
[59:00.600 --> 59:04.600]  The New Testament Recovery Version is one of the most comprehensive study
[59:04.600 --> 59:05.600]  Bibles available today.
[59:05.600 --> 59:09.600]  It's an accurate translation, and it contains thousands of footnotes that
[59:09.600 --> 59:12.600]  will help you to know God and to know the meaning of life.
[59:12.600 --> 59:16.600]  The free books are a three-volume set called Basic Elements of the
[59:16.600 --> 59:17.600]  Christian Life.
[59:17.600 --> 59:21.600]  Chapter by chapter, Basic Elements of the Christian Life clearly presents
[59:21.600 --> 59:26.600]  God's plan of salvation, growing in Christ, and how to build up the
[59:26.600 --> 59:27.600]  church.
[59:27.600 --> 59:31.600]  To order your free New Testament Recovery Version and Basic Elements
[59:31.600 --> 59:36.600]  of the Christian Life, call Bibles for America toll free at
[59:36.600 --> 59:40.600]  888-551-0102.
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[59:44.600 --> 59:49.600]  Or visit us online at bfa.org.
[59:49.600 --> 01:00:03.600]  Live, free speech radio, logosradionetwork.com.
[01:00:03.600 --> 01:00:06.600]  You're listening to the Liberty Beat, your daily source for Liberty news
[01:00:06.600 --> 01:00:15.600]  and activist updates, online at thelibertybeat.com.
[01:00:15.600 --> 01:00:19.600]  This is Justin Armand with your Liberty Beat for June 20, 2014.
[01:00:19.600 --> 01:00:22.600]  Gold opens today at $1,320.
[01:00:22.600 --> 01:00:27.600]  Silver at $20.82, and Bitcoin is trading at $595.
[01:00:27.600 --> 01:00:30.600]  Support for the Liberty Beat comes from the notorious activist,
[01:00:30.600 --> 01:00:31.600]  Michael Cargill.
[01:00:31.600 --> 01:00:35.600]  He has a new show called Come and Talk It, live Sunday afternoon at
[01:00:35.600 --> 01:00:38.600]  4 p.m. on 1370 a.m. in Austin.
[01:00:38.600 --> 01:00:43.600]  That's 1370 a.m. in Austin on Sunday at 4 p.m.
[01:00:43.600 --> 01:00:46.600]  And support comes from My Magic Mud, an all-natural teeth whitening
[01:00:46.600 --> 01:00:47.600]  and strengthening remedy.
[01:00:47.600 --> 01:00:51.600]  Go to mymagicmud.com or pick a jar up today at Brave New Books.
[01:00:51.600 --> 01:00:53.600]  And now the news.
[01:00:53.600 --> 01:00:56.600]  A new study published in Biomed Research International examined six
[01:00:56.600 --> 01:01:00.600]  studies by the Center for Disease Control that found thimerosal, an
[01:01:00.600 --> 01:01:03.600]  organic mercury compound found in vaccinations, to be safe.
[01:01:03.600 --> 01:01:07.600]  Researchers state that despite the six studies by the CDC claiming no
[01:01:07.600 --> 01:01:11.600]  danger, there are over 165 studies which have found thimerosal to be
[01:01:11.600 --> 01:01:12.600]  harmful.
[01:01:12.600 --> 01:01:16.600]  16 studies looking at the effects of thimerosal on human infants and
[01:01:16.600 --> 01:01:20.600]  children found a range of outcomes, including poisoning, allergic
[01:01:20.600 --> 01:01:22.600]  reactions, and neurological disorders.
[01:01:22.600 --> 01:01:26.600]  The researchers are calling for the CDC to reevaluate its position on
[01:01:26.600 --> 01:01:32.600]  thimerosal and its use in vaccines.
[01:01:32.600 --> 01:01:36.600]  Militants launched an attack on Iraq's largest oil reserve overnight
[01:01:36.600 --> 01:01:39.600]  Tuesday, but failed in their attempt.
[01:01:39.600 --> 01:01:43.600]  Security forces were able to repel the insurgents who have seized Iraqi
[01:01:43.600 --> 01:01:46.600]  military equipment provided to them through contracts with the U.S.
[01:01:46.600 --> 01:01:47.600]  government.
[01:01:47.600 --> 01:01:50.600]  With air support backup, Iraqi troops were able to destroy an ISIS
[01:01:50.600 --> 01:01:54.600]  convoy and gunned down three snipers who were trying to break into the
[01:01:54.600 --> 01:01:55.600]  Baji refinery.
[01:01:55.600 --> 01:01:59.600]  The Iraqi chief military spokesman said 40 attackers were killed in the
[01:01:59.600 --> 01:02:02.600]  fighting.
[01:02:02.600 --> 01:02:06.600]  The United States no longer ranks in the top 100 most peaceful nations.
[01:02:06.600 --> 01:02:11.600]  According to the annual global peace index, it stands at 101 out of 162
[01:02:11.600 --> 01:02:12.600]  nations.
[01:02:12.600 --> 01:02:15.600]  The annual assessment measures data driven from crime statistics,
[01:02:15.600 --> 01:02:19.600]  political forces, refugee activity, population trends, and other factors
[01:02:19.600 --> 01:02:22.600]  including terrorism and economic conditions.
[01:02:22.600 --> 01:02:26.600]  Ireland is number one on the list with Denmark and Austria close behind.
[01:02:26.600 --> 01:02:31.600]  The three least peaceful nations are South Sudan, Afghanistan, and Syria.
[01:02:31.600 --> 01:02:35.600]  Support for the Liberty Beat comes from Cabo Babs, now with two locations
[01:02:35.600 --> 01:02:40.600]  in Austin at 500 East Ben White Boulevard and 2828 Rio Grande Boulevard.
[01:02:40.600 --> 01:02:44.600]  And from Roberts & Roberts Brokerage Incorporated, specializing in precious
[01:02:44.600 --> 01:02:46.600]  metal since 1977.
[01:02:46.600 --> 01:02:49.600]  They don't feed the banks by taking credit cards, but you can bet they take
[01:02:49.600 --> 01:02:50.600]  bitcoin.
[01:02:50.600 --> 01:02:57.600]  Online at rrbi.co or by phone at 800-874-9760.
[01:02:57.600 --> 01:03:00.600]  This is Justin Armand reporting with the Liberty Beat.
[01:03:00.600 --> 01:03:11.600]  It's all according to the will of the Almighty.
[01:03:11.600 --> 01:03:19.600]  I read his book and he says, he cares not for the unsightly.
[01:03:19.600 --> 01:03:28.600]  These warm hands are sung by that term rightly.
[01:03:28.600 --> 01:03:31.600]  I won't pay for the war with my bike.
[01:03:31.600 --> 01:03:34.600]  Ain't gonna pay for the car with my money.
[01:03:34.600 --> 01:03:37.600]  I won't pay for the fun with my bike.
[01:03:37.600 --> 01:03:39.600]  Okay, we are back.
[01:03:39.600 --> 01:03:45.600]  Randy Kelton, Steve Skidmore, Debra Stevens here with our special guest,
[01:03:45.600 --> 01:03:47.600]  Ken Magnuson.
[01:03:47.600 --> 01:03:51.600]  And we're going to kind of finish up on this due process, but then we'll go to
[01:03:51.600 --> 01:03:58.600]  Jaja who's waiting from New York.
[01:03:58.600 --> 01:04:01.600]  Once the officers arrested her, when they made the arrest, technically they were
[01:04:01.600 --> 01:04:05.600]  clean because they were acting good faith reliance on common authority.
[01:04:05.600 --> 01:04:09.600]  The fact that the warrant was improperly issued, this is not something the
[01:04:09.600 --> 01:04:16.600]  jailer, the deputies who did the arrest necessarily knew they may have, but
[01:04:16.600 --> 01:04:19.600]  they can claim good faith reliance.
[01:04:19.600 --> 01:04:26.600]  However, when they failed to make due diligent efforts to locate a magistrate or
[01:04:26.600 --> 01:04:33.600]  to take the person arrested directly to the nearest magistrate, then they became
[01:04:33.600 --> 01:04:38.600]  perpetrators themselves and all their acts were defeated.
[01:04:38.600 --> 01:04:41.600]  So they were required to take her to the nearest magistrate.
[01:04:41.600 --> 01:04:50.600]  Actually, the warrant always says arrest this person and bring him before me.
[01:04:50.600 --> 01:04:55.600]  They arrested this particular person during the day on a Friday.
[01:04:55.600 --> 01:04:56.600]  They should have taken...
[01:04:56.600 --> 01:04:58.600]  Saturday.
[01:04:58.600 --> 01:05:00.600]  No, they arrested on a Friday.
[01:05:00.600 --> 01:05:04.600]  No, Saturday.
[01:05:04.600 --> 01:05:09.600]  Okay.
[01:05:09.600 --> 01:05:10.600]  Go on.
[01:05:10.600 --> 01:05:11.600]  Okay.
[01:05:11.600 --> 01:05:15.600]  That changes everything.
[01:05:15.600 --> 01:05:19.600]  In this case, it's not terribly important what day they arrested her.
[01:05:19.600 --> 01:05:20.600]  They were required...
[01:05:20.600 --> 01:05:23.600]  No.
[01:05:23.600 --> 01:05:26.600]  Will you stop doing that?
[01:05:26.600 --> 01:05:27.600]  They arrested her.
[01:05:27.600 --> 01:05:28.600]  Okay.
[01:05:28.600 --> 01:05:30.600]  They did not take her directly to a magistrate.
[01:05:30.600 --> 01:05:31.600]  Is that okay?
[01:05:31.600 --> 01:05:32.600]  Yes.
[01:05:32.600 --> 01:05:34.600]  Okay.
[01:05:34.600 --> 01:05:37.600]  They had a duty to take her directly to a nearest magistrate.
[01:05:37.600 --> 01:05:41.600]  Chapter 14 Code of Criminal Procedure, and they didn't.
[01:05:41.600 --> 01:05:50.600]  That rendered the arrest and the incarceration as false imprisonment.
[01:05:50.600 --> 01:06:00.600]  If it's on a Saturday and there is not a magistrate available, then they can hold
[01:06:00.600 --> 01:06:06.600]  the person for a reasonable amount of time, no longer than 48 hours, until they
[01:06:06.600 --> 01:06:09.600]  can get them before a magistrate.
[01:06:09.600 --> 01:06:15.600]  There's also case law that says if there is an emergency, fire, flood, or some
[01:06:15.600 --> 01:06:23.600]  other emergency that makes it such that either a magistrate is not available or
[01:06:23.600 --> 01:06:29.600]  they have to respond to emergencies that are more important than taking them to
[01:06:29.600 --> 01:06:36.600]  a magistrate, they can hold them for up to 48 hours before taking them before a
[01:06:36.600 --> 01:06:37.600]  magistrate.
[01:06:37.600 --> 01:06:44.600]  But after that time, then the presumption is that the taking is untimely.
[01:06:44.600 --> 01:06:49.600]  If there was a magistrate available or was a magistrate who would make himself
[01:06:49.600 --> 01:06:54.600]  available and the officers did not take them to that magistrate or did not make
[01:06:54.600 --> 01:06:59.600]  due diligent effort to locate the magistrate, then the incarceration at that
[01:06:59.600 --> 01:07:02.600]  point becomes improper.
[01:07:02.600 --> 01:07:07.600]  And what the Code says is they're to take them before the nearest magistrate.
[01:07:07.600 --> 01:07:12.600]  If a magistrate is not available, they're to take them to the nearest adjoining
[01:07:12.600 --> 01:07:15.600]  county where one is available.
[01:07:15.600 --> 01:07:18.600]  So they would have to check all of the counties that have joined the county
[01:07:18.600 --> 01:07:20.600]  they're in.
[01:07:20.600 --> 01:07:25.600]  Last time I was arrested, he took me to jail.
[01:07:25.600 --> 01:07:30.600]  I gave the Sheriff's Department in Travis County an information request for
[01:07:30.600 --> 01:07:35.600]  their list of all of the magistrates within Travis County and all the
[01:07:35.600 --> 01:07:40.600]  magistrates within all the surrounding counties.
[01:07:40.600 --> 01:07:42.600]  And they sent me a response back.
[01:07:42.600 --> 01:07:45.600]  Ken, can you guess what they told me?
[01:07:45.600 --> 01:07:47.600]  They didn't have one.
[01:07:47.600 --> 01:07:54.600]  So not only did they not check with the surrounding counties, they didn't even
[01:07:54.600 --> 01:07:56.600]  know who they were.
[01:07:56.600 --> 01:08:00.600]  So anyway, they took her to jail.
[01:08:00.600 --> 01:08:09.600]  And then when you're arrested on a warrant, if the arrest is post-conviction,
[01:08:09.600 --> 01:08:13.600]  then they can incarcerate you and essentially punish you.
[01:08:13.600 --> 01:08:18.600]  But if it's pre-conviction, then all they can do is hold you.
[01:08:18.600 --> 01:08:20.600]  I'm sorry.
[01:08:20.600 --> 01:08:25.600]  If you're arrested on a warrant with or without, I mean, if you're arrested for
[01:08:25.600 --> 01:08:30.600]  any reason with or without a warrant, you must be taken before a magistrate.
[01:08:30.600 --> 01:08:35.600]  Even if it's post-conviction, you must be taken before a magistrate because if
[01:08:35.600 --> 01:08:46.600]  there is a warrant issued, it was issued ex parte in that someone either went
[01:08:46.600 --> 01:08:52.600]  before this magistrate or the magistrate sui sponte on his own volition issued
[01:08:52.600 --> 01:08:53.600]  the warrant.
[01:08:53.600 --> 01:09:01.600]  In this case, the lawyer petitioned the judge to issue the warrant.
[01:09:01.600 --> 01:09:08.600]  The judge issued the warrant with the accused not present.
[01:09:08.600 --> 01:09:13.600]  So they had a examining trial because that's the only way a judge can issue a
[01:09:13.600 --> 01:09:15.600]  warrant.
[01:09:15.600 --> 01:09:19.600]  There has to be a determination of probable cause made.
[01:09:19.600 --> 01:09:24.600]  And it necessarily has to be made without the accused present because if the
[01:09:24.600 --> 01:09:28.600]  accused was present, there'd be no point in the warrant unless the warrant says
[01:09:28.600 --> 01:09:30.600]  arrest this person and bring him before me.
[01:09:30.600 --> 01:09:35.600]  The reason it says bring him before me is so we can hold a proper hearing with
[01:09:35.600 --> 01:09:38.600]  both parties present.
[01:09:38.600 --> 01:09:41.600]  So with or without a warrant makes no difference.
[01:09:41.600 --> 01:09:45.600]  If they're arrested without a warrant, then they have to go show probable cause.
[01:09:45.600 --> 01:09:49.600]  If they're arrested with a warrant, then they have to go back so that the accused
[01:09:49.600 --> 01:09:58.600]  can bring his own evidence to rebut the prima facie evidence presented by the
[01:09:58.600 --> 01:10:00.600]  person who got the warrant.
[01:10:00.600 --> 01:10:02.600]  Does that make sense, Ken?
[01:10:02.600 --> 01:10:05.600]  Yes, it does.
[01:10:05.600 --> 01:10:12.600]  The only differentiation here is that this is an arrest warrant issued for
[01:10:12.600 --> 01:10:16.600]  contempt of court rather than for a criminal charge.
[01:10:16.600 --> 01:10:20.600]  So there is a little differentiation there because contempt can only be issued
[01:10:20.600 --> 01:10:27.600]  for incarceration if the person had the ability to meet the requirement of the
[01:10:27.600 --> 01:10:32.600]  order and failed to do so by deliberate or conscious indifference.
[01:10:32.600 --> 01:10:35.600]  And the problem is the person ordered to pay thousands of dollars in child
[01:10:35.600 --> 01:10:43.600]  support not yet due who was not working and had a family member, a father that
[01:10:43.600 --> 01:10:53.600]  was in serious health issues and she was the father's only caregiver clearly
[01:10:53.600 --> 01:11:00.600]  created the issue that the contempt could not survive the statutory requirement.
[01:11:00.600 --> 01:11:03.600]  Contempt is one of those things where you have the ability, what they call you
[01:11:03.600 --> 01:11:07.600]  have the key for your own release by complying with the orders.
[01:11:07.600 --> 01:11:11.600]  It's not like this woman had a bank account and refused to pay because she
[01:11:11.600 --> 01:11:13.600]  didn't think this was just.
[01:11:13.600 --> 01:11:15.600]  She had no money.
[01:11:15.600 --> 01:11:21.600]  She was being incarcerated as part of a debtor's prison aspect of abusive
[01:11:21.600 --> 01:11:24.600]  process by Judge Sinha.
[01:11:24.600 --> 01:11:31.600]  But even more than that, there was a process Judge Sinha was by statute
[01:11:31.600 --> 01:11:37.600]  required to follow and he did not follow that process.
[01:11:37.600 --> 01:11:38.600]  Correct.
[01:11:38.600 --> 01:11:47.600]  So that rendered him a trespasser ab initio and all of his acts were defeated.
[01:11:47.600 --> 01:11:51.600]  Anyway, down the line, we can go on, there's a whole bunch of these.
[01:11:51.600 --> 01:11:58.600]  I have on the website jurisimprudence.com, I have a writ of habeas corpus,
[01:11:58.600 --> 01:12:03.600]  I wrote for a kid in Williamson County, not Williamson County, Montgomery County,
[01:12:03.600 --> 01:12:10.600]  Conroe, and it walks down due process from arrest to trial.
[01:12:10.600 --> 01:12:16.600]  And from the point we stopped here, we can go through and pull out about 18
[01:12:16.600 --> 01:12:24.600]  or 19 felonies and misdemeanors committed by jailers, magistrates, prosecutors,
[01:12:24.600 --> 01:12:27.600]  everybody involved.
[01:12:27.600 --> 01:12:35.600]  So anyway, back to the beginning, the thing I really want to talk about is the
[01:12:35.600 --> 01:12:41.600]  courts, the judges, in order to get this done, they had to commit a lot of
[01:12:41.600 --> 01:12:43.600]  crimes.
[01:12:43.600 --> 01:12:48.600]  This is not just arrogance, this is hubris.
[01:12:48.600 --> 01:12:57.600]  These guys feel like they are absolutely immune from any consequences and we
[01:12:57.600 --> 01:13:00.600]  really have to fix that.
[01:13:00.600 --> 01:13:04.600]  The only ones who can fix that are you and I.
[01:13:04.600 --> 01:13:10.600]  We do have a caller, Ken, we'll see what JaJa has and we'll pick this up
[01:13:10.600 --> 01:13:13.600]  after we get done with JaJa.
[01:13:13.600 --> 01:13:14.600]  Okay?
[01:13:14.600 --> 01:13:16.600]  Okay.
[01:13:16.600 --> 01:13:20.600]  Hello, Ms. JaJa, what do you have for us tonight?
[01:13:20.600 --> 01:13:22.600]  Hi, Randy Hyken.
[01:13:22.600 --> 01:13:26.600]  Well, you know, I didn't file that RICO suit as of yet because I was waiting
[01:13:26.600 --> 01:13:30.600]  for this expert report so the case could not be challenged for a frivolous
[01:13:30.600 --> 01:13:31.600]  lawsuit.
[01:13:31.600 --> 01:13:34.600]  I did get that expert report in this week and I am going to be filing it,
[01:13:34.600 --> 01:13:36.600]  but I'm calling today.
[01:13:36.600 --> 01:13:37.600]  Hold on.
[01:13:37.600 --> 01:13:38.600]  Okay.
[01:13:38.600 --> 01:13:41.600]  Kind of briefly bring everybody up to speed.
[01:13:41.600 --> 01:13:42.600]  Okay.
[01:13:42.600 --> 01:13:43.600]  I'm filing today.
[01:13:43.600 --> 01:13:47.600]  I filed three weeks ago on a totally second smaller lawsuit, a copyright
[01:13:47.600 --> 01:13:49.600]  infringement suit on June 6th.
[01:13:49.600 --> 01:13:51.600]  Wait a minute.
[01:13:51.600 --> 01:13:57.600]  I know what's going on here, but most people have no idea who you are or what
[01:13:57.600 --> 01:13:58.600]  your situation is.
[01:13:58.600 --> 01:14:03.600]  Can you kind of give us a brief synopsis of where you're at right now so we
[01:14:03.600 --> 01:14:05.600]  have some referential index?
[01:14:05.600 --> 01:14:06.600]  Okay.
[01:14:06.600 --> 01:14:08.600]  So this is a second lawsuit altogether.
[01:14:08.600 --> 01:14:09.600]  It's brand new.
[01:14:09.600 --> 01:14:10.600]  Okay.
[01:14:10.600 --> 01:14:11.600]  So it's totally fresh and novice.
[01:14:11.600 --> 01:14:12.600]  Okay.
[01:14:12.600 --> 01:14:14.600]  This is a totally new case that I filed.
[01:14:14.600 --> 01:14:18.600]  And I'm a rapper and I'm a visual artist.
[01:14:18.600 --> 01:14:24.600]  And I was infringed upon by a nonprofit, huge agency that even Alex Jones,
[01:14:24.600 --> 01:14:28.600]  every alternative media station has written articles about that they are
[01:14:28.600 --> 01:14:29.600]  hoaxy.
[01:14:29.600 --> 01:14:30.600]  I do not want to mention their names.
[01:14:30.600 --> 01:14:31.600]  Anybody can figure it out.
[01:14:31.600 --> 01:14:34.600]  They have over a million hits on their campaign.
[01:14:34.600 --> 01:14:36.600]  It was considered one of the biggest campaigns.
[01:14:36.600 --> 01:14:41.600]  And they used one of my works of art that is in a permanent collection of the
[01:14:41.600 --> 01:14:48.600]  Whitney Museum, which had already had a lot of press.
[01:14:48.600 --> 01:14:50.600]  It was in my last lawsuit.
[01:14:50.600 --> 01:14:52.600]  It had all press all over the internet.
[01:14:52.600 --> 01:14:53.600]  It was being challenged.
[01:14:53.600 --> 01:14:59.600]  They used this very amazing image of a guy looking up with his arms stretched.
[01:14:59.600 --> 01:15:01.600]  And it's a poignant image.
[01:15:01.600 --> 01:15:02.600]  It's a moss pit.
[01:15:02.600 --> 01:15:04.600]  It's in the Whitney called Plant Your Feet on the Ground.
[01:15:04.600 --> 01:15:08.600]  They used the arrangement and placement and the likeness of my image to launch
[01:15:08.600 --> 01:15:10.600]  their huge hoaxy campaign.
[01:15:10.600 --> 01:15:13.600]  And I started to deal with them privately through legal letters with their
[01:15:13.600 --> 01:15:14.600]  lawyers.
[01:15:14.600 --> 01:15:15.600]  I sent them a cease and desist.
[01:15:15.600 --> 01:15:17.600]  Their lawyers wrote me back and forth.
[01:15:17.600 --> 01:15:18.600]  We wrote several letters.
[01:15:18.600 --> 01:15:23.600]  I wrote four like long-page letters, I mean two four-page letters with law,
[01:15:23.600 --> 01:15:26.600]  with stature, explaining that they're completely liable.
[01:15:26.600 --> 01:15:28.600]  I already have not only the copyright registration,
[01:15:28.600 --> 01:15:31.600]  but it's also covered by the Visual Arts Rights Act.
[01:15:31.600 --> 01:15:35.600]  Because it's a work of stature and it's already in a museum collection.
[01:15:35.600 --> 01:15:39.600]  And they were trying to disprove the dates and this and that.
[01:15:39.600 --> 01:15:41.600]  But my dates always came up.
[01:15:41.600 --> 01:15:44.600]  My work was created 10 years ago.
[01:15:44.600 --> 01:15:46.600]  So they couldn't even claim that.
[01:15:46.600 --> 01:15:52.600]  They were trying to question the registration of some sort.
[01:15:52.600 --> 01:15:55.600]  Because even if you have VARA, you don't even have to register.
[01:15:55.600 --> 01:15:57.600]  But they didn't understand that.
[01:15:57.600 --> 01:15:58.600]  That's because they're stupid lawyers.
[01:15:58.600 --> 01:16:01.600]  Anyway, regardless, they didn't want to deal with me.
[01:16:01.600 --> 01:16:04.600]  And I was asking for a very, very low settlement,
[01:16:04.600 --> 01:16:10.600]  considering now I could ask for $300,000 in damages on both statutory claims.
[01:16:10.600 --> 01:16:14.600]  So they didn't want to deal with it, so I filed a lawsuit.
[01:16:14.600 --> 01:16:19.600]  I filed a temporary restraining order with the claim and a preliminary injunction.
[01:16:19.600 --> 01:16:25.600]  And today I got an order back from the judge.
[01:16:25.600 --> 01:16:30.600]  He allowed me my improper status and is allowing me to go forth with the case.
[01:16:30.600 --> 01:16:32.600]  But this particular judge denied...
[01:16:32.600 --> 01:16:34.600]  I had a feeling they were going to try this.
[01:16:34.600 --> 01:16:38.600]  They denied my temporary restraining order and preliminary injunction
[01:16:38.600 --> 01:16:43.600]  on the grounds that I didn't file when their image first appeared in 2012 in their video.
[01:16:43.600 --> 01:16:45.600]  Because it was heavily promoted.
[01:16:45.600 --> 01:16:46.600]  Okay, wait, wait, hold on.
[01:16:46.600 --> 01:16:48.600]  We have to go to break.
[01:16:48.600 --> 01:16:49.600]  We'll be right back.
[01:16:49.600 --> 01:16:53.600]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio,
[01:16:53.600 --> 01:16:57.600]  or call it number 512-646-1984.
[01:16:57.600 --> 01:17:24.600]  We'll be right back.
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[01:19:24.600 --> 01:19:30.600]  Okay, we are back.
[01:19:30.600 --> 01:19:35.600]  Randy Kelton, Deborah Stevens here with Ken Magnuson.
[01:19:35.600 --> 01:19:38.600]  My tang is getting tumbled today.
[01:19:38.600 --> 01:19:42.600]  With Ken Magnuson and we're going to our guest, Ja-Ja New York.
[01:19:42.600 --> 01:19:50.600]  Okay, Ja-Ja, the judge granted, denied your restraining order.
[01:19:50.600 --> 01:19:56.600]  Exactly, and they stated that on the grounds that I didn't file
[01:19:56.600 --> 01:20:01.600]  when the image first appeared in 2012, you know, in the video
[01:20:01.600 --> 01:20:03.600]  because, you know, when it was heavily promoted.
[01:20:03.600 --> 01:20:07.600]  He said that it's because one of the reasons why is that he said
[01:20:07.600 --> 01:20:10.600]  that it was insufficient basis for harm because I didn't jump on it.
[01:20:10.600 --> 01:20:13.600]  But, you know, honestly, I didn't tell him why I didn't jump on it,
[01:20:13.600 --> 01:20:14.600]  but I still am under the stature.
[01:20:14.600 --> 01:20:16.600]  You know, it's a three-year stature.
[01:20:16.600 --> 01:20:17.600]  It's 2014, you know.
[01:20:17.600 --> 01:20:20.600]  I wasn't able to even write it.
[01:20:20.600 --> 01:20:22.600]  I was just getting through the other lawsuit.
[01:20:22.600 --> 01:20:24.600]  I was still in the middle of the other lawsuit, you know.
[01:20:24.600 --> 01:20:27.600]  I mean, I was in a huge copyright infringement suit
[01:20:27.600 --> 01:20:29.600]  that I was handling, just the appellate,
[01:20:29.600 --> 01:20:31.600]  so that I couldn't have filed at that time.
[01:20:31.600 --> 01:20:33.600]  I didn't even know how to write a complaint.
[01:20:33.600 --> 01:20:35.600]  I just was learning how to write a complaint.
[01:20:35.600 --> 01:20:39.600]  You know, the other count that he stated was that he mentioned
[01:20:39.600 --> 01:20:45.600]  that the market confusion, you know, was not strong enough because
[01:20:45.600 --> 01:20:52.600]  and then what he started to do is he had erroneous law based on difference.
[01:20:52.600 --> 01:20:56.600]  He was starting to, you know, use, starting to prejudice my case
[01:20:56.600 --> 01:21:00.600]  by citing de minimis differences based on skin tone and sex,
[01:21:00.600 --> 01:21:02.600]  which isn't protected expression.
[01:21:02.600 --> 01:21:06.600]  You know, so he was already using law to prejudice my case.
[01:21:06.600 --> 01:21:09.600]  You know, he says it demonstrates obvious difference, you know,
[01:21:09.600 --> 01:21:12.600]  which means the likely, I don't know, he wouldn't say,
[01:21:12.600 --> 01:21:16.600]  he said the likelihood of confusion is small, you know,
[01:21:16.600 --> 01:21:20.600]  and he's already erroneously using law, you know.
[01:21:20.600 --> 01:21:26.600]  Okay, did you petition for reconsideration?
[01:21:26.600 --> 01:21:29.600]  I just received this order today, like three hours ago.
[01:21:29.600 --> 01:21:30.600]  Oh, okay.
[01:21:30.600 --> 01:21:35.600]  Then he did apparently give you findings, in fact, and conclusions.
[01:21:35.600 --> 01:21:41.600]  Did he show you the law on which he based his decision?
[01:21:41.600 --> 01:21:43.600]  Yeah, and there's cases that he cited.
[01:21:43.600 --> 01:21:46.600]  I mean, he said that it's not extreme, very serious damage,
[01:21:46.600 --> 01:21:49.600]  but it's not true because in any copyright infringement case,
[01:21:49.600 --> 01:21:52.600]  it states that if it's a copyright infringement,
[01:21:52.600 --> 01:21:54.600]  if it's copyright infringed,
[01:21:54.600 --> 01:21:57.600]  it's automatically considered irreparable harm.
[01:21:57.600 --> 01:21:58.600]  Okay.
[01:21:58.600 --> 01:22:00.600]  Okay.
[01:22:00.600 --> 01:22:03.600]  By him stating that there's so much difference,
[01:22:03.600 --> 01:22:05.600]  that his obvious difference is already stating,
[01:22:05.600 --> 01:22:07.600]  he's already giving like...
[01:22:07.600 --> 01:22:10.600]  Okay, but hold on, there seems to be something else here.
[01:22:10.600 --> 01:22:17.600]  It seems that the judge has made a determination
[01:22:17.600 --> 01:22:21.600]  based on facts, not in evidence.
[01:22:21.600 --> 01:22:26.600]  You filed the action.
[01:22:26.600 --> 01:22:29.600]  I take it the other side answered?
[01:22:29.600 --> 01:22:31.600]  No, they didn't even receive it yet.
[01:22:31.600 --> 01:22:33.600]  This is just...
[01:22:33.600 --> 01:22:36.600]  Oh, okay, I'm sorry, I'm sorry.
[01:22:36.600 --> 01:22:38.600]  He's already...
[01:22:38.600 --> 01:22:40.600]  You're asking for a temporary restraining order.
[01:22:40.600 --> 01:22:44.600]  Is this temporary restraining order or restraining order?
[01:22:44.600 --> 01:22:46.600]  This is a temporary restraining order.
[01:22:46.600 --> 01:22:48.600]  I gave him an order to show cause.
[01:22:48.600 --> 01:22:53.600]  Okay, then he's probably going to be correct
[01:22:53.600 --> 01:22:59.600]  in not issuing a temporary restraining order
[01:22:59.600 --> 01:23:03.600]  because temporary restraining order is only where something
[01:23:03.600 --> 01:23:09.600]  is of such a dire and timely importance
[01:23:09.600 --> 01:23:15.600]  that you can't wait 15 days.
[01:23:15.600 --> 01:23:22.600]  You can't wait the 15 days to give time to notify the other party
[01:23:22.600 --> 01:23:29.600]  and set and hold an evidentiary hearing.
[01:23:29.600 --> 01:23:33.600]  A temporary restraining order is just to restrain them for up to 15 days
[01:23:33.600 --> 01:23:40.600]  until you can hold a hearing on a restraining order.
[01:23:40.600 --> 01:23:41.600]  Okay, so it's not...
[01:23:41.600 --> 01:23:43.600]  I didn't think it was a big deal that he denied it anyway.
[01:23:43.600 --> 01:23:44.600]  I just was wondering.
[01:23:44.600 --> 01:23:47.600]  No, and he's saying, you know, this is two years ago,
[01:23:47.600 --> 01:23:51.600]  10, 15 days is not going to make much difference at this point.
[01:23:51.600 --> 01:23:53.600]  Right, right.
[01:23:53.600 --> 01:23:59.600]  And it appears to be saying that you're on first blush
[01:23:59.600 --> 01:24:04.600]  and it's clearly not a determination of your case,
[01:24:04.600 --> 01:24:09.600]  but it doesn't appear to be a compelling reason
[01:24:09.600 --> 01:24:14.600]  that your claims are not compelling enough
[01:24:14.600 --> 01:24:18.600]  that he can pretty well look at this
[01:24:18.600 --> 01:24:21.600]  and say that you have a good chance of winning the case.
[01:24:21.600 --> 01:24:25.600]  So he's dubious, but he hasn't actually ruled against you.
[01:24:25.600 --> 01:24:29.600]  He's just saying there's not enough here for temporary restraining order.
[01:24:29.600 --> 01:24:30.600]  Okay.
[01:24:30.600 --> 01:24:34.600]  And then just file a motion for restraining order,
[01:24:34.600 --> 01:24:36.600]  and that should be in your...
[01:24:36.600 --> 01:24:37.600]  No.
[01:24:37.600 --> 01:24:38.600]  Ken?
[01:24:38.600 --> 01:24:39.600]  No.
[01:24:39.600 --> 01:24:40.600]  Go ahead.
[01:24:40.600 --> 01:24:41.600]  The issue...
[01:24:41.600 --> 01:24:42.600]  All temporary...
[01:24:42.600 --> 01:24:47.600]  All cases that are ongoing, it's only a temporary order.
[01:24:47.600 --> 01:24:52.600]  Only when there's a fully adjudicated case do you end up with a permanent order
[01:24:52.600 --> 01:24:54.600]  or an injunction.
[01:24:54.600 --> 01:24:58.600]  It's always a temporary order until there's a final determination.
[01:24:58.600 --> 01:25:02.600]  And what he's saying in this, as far as temporary order goes,
[01:25:02.600 --> 01:25:06.600]  from what I'm understanding, is that you've been damaged
[01:25:06.600 --> 01:25:09.600]  and you can get compensation for that damage.
[01:25:09.600 --> 01:25:13.600]  And if they continue to harm you, that damage will just be increased
[01:25:13.600 --> 01:25:16.600]  and you'll get compensated for that damage.
[01:25:16.600 --> 01:25:20.600]  It's not like they have this piece of art and they're going to destroy it
[01:25:20.600 --> 01:25:23.600]  because they say they own it versus you.
[01:25:23.600 --> 01:25:27.600]  And that would be irreparable harm because the piece would be gone forever.
[01:25:27.600 --> 01:25:29.600]  See the difference?
[01:25:29.600 --> 01:25:30.600]  Exactly.
[01:25:30.600 --> 01:25:33.600]  No, I do understand that.
[01:25:33.600 --> 01:25:34.600]  Right.
[01:25:34.600 --> 01:25:38.600]  I just wanted to just let you know what this is going on.
[01:25:38.600 --> 01:25:41.600]  And what about a DMCA takedown?
[01:25:41.600 --> 01:25:43.600]  I mean, is there a way I could do that or not?
[01:25:43.600 --> 01:25:46.600]  I don't even bother, just wait until I get a full decision
[01:25:46.600 --> 01:25:49.600]  and see how long these guys want to play it out.
[01:25:49.600 --> 01:25:52.600]  Wait, a DMCA takedown?
[01:25:52.600 --> 01:25:54.600]  I hate acronyms.
[01:25:54.600 --> 01:26:00.600]  The digital millennium takedown, the request for YouTube,
[01:26:00.600 --> 01:26:03.600]  because they've already had 100 million hits on this video.
[01:26:03.600 --> 01:26:11.600]  And once they receive their complaints from the marshals,
[01:26:11.600 --> 01:26:15.600]  I know it'll be like, I guess, established it'll be on the docket that they've received it.
[01:26:15.600 --> 01:26:16.600]  Yeah.
[01:26:16.600 --> 01:26:20.600]  Could I then do anything else to leverage myself against these guys?
[01:26:20.600 --> 01:26:23.600]  I'm wondering why you would want them to stop
[01:26:23.600 --> 01:26:31.600]  because it would seem that if they've made a profit using your copyrighted material,
[01:26:31.600 --> 01:26:35.600]  you'd have a right to a claim against that profit.
[01:26:35.600 --> 01:26:37.600]  And a different damage.
[01:26:37.600 --> 01:26:39.600]  So I can only get statutory damages,
[01:26:39.600 --> 01:26:42.600]  but I could get them twice because of the Visual Arthritis Act
[01:26:42.600 --> 01:26:47.600]  and the fact that I haven't registered before they used it.
[01:26:47.600 --> 01:26:48.600]  No, no, no.
[01:26:48.600 --> 01:26:52.600]  Just because they're nonprofit doesn't mean that you can't get additional damages
[01:26:52.600 --> 01:27:01.600]  if they maliciously utilize private property that's copyrighted for their own uses.
[01:27:01.600 --> 01:27:06.600]  Unless I've missed the statute out there, you're still not allowed to do that.
[01:27:06.600 --> 01:27:11.600]  And just because you're nonprofit doesn't mean you don't get to claim additional damages
[01:27:11.600 --> 01:27:16.600]  or exemplary damages because they continue to use the artwork
[01:27:16.600 --> 01:27:20.600]  after they were notified that they should cease and desist.
[01:27:20.600 --> 01:27:21.600]  Oh, okay.
[01:27:21.600 --> 01:27:23.600]  So not only, so they can't, I can't get profits for debt.
[01:27:23.600 --> 01:27:25.600]  I can't get...
[01:27:25.600 --> 01:27:26.600]  Wait, wait, hold on here.
[01:27:26.600 --> 01:27:27.600]  Hold on.
[01:27:27.600 --> 01:27:28.600]  Wait a minute.
[01:27:28.600 --> 01:27:31.600]  Your claim is not for profits.
[01:27:31.600 --> 01:27:34.600]  You don't make your claim against net.
[01:27:34.600 --> 01:27:35.600]  You make your claim against gross.
[01:27:35.600 --> 01:27:40.600]  You don't care if those guys make a profit or not.
[01:27:40.600 --> 01:27:47.600]  You make your claim against what they drew in because of this advertising.
[01:27:47.600 --> 01:27:50.600]  Oh, even if they're a non-for-profit agency?
[01:27:50.600 --> 01:27:52.600]  Hey, I can run them.
[01:27:52.600 --> 01:27:54.600]  It doesn't make any difference if I don't make a profit.
[01:27:54.600 --> 01:27:58.600]  You know, I can run a lousy business, steal all your stuff,
[01:27:58.600 --> 01:28:01.600]  blow all my money, make no profit.
[01:28:01.600 --> 01:28:02.600]  You're still haunted.
[01:28:02.600 --> 01:28:07.600]  I mean, and it's already been out there as a hoaxy agency where they misuse funds.
[01:28:07.600 --> 01:28:12.600]  Well, if they draw in funds, whether they make a profit or not, you don't care.
[01:28:12.600 --> 01:28:19.600]  You care about the funds they generate using your copyrighted material.
[01:28:19.600 --> 01:28:20.600]  Which is millions.
[01:28:20.600 --> 01:28:23.600]  It already shows that with my ad campaign,
[01:28:23.600 --> 01:28:26.600]  my usage of my arrangement and placement of my image,
[01:28:26.600 --> 01:28:28.600]  which has already been established by art critics,
[01:28:28.600 --> 01:28:32.600]  their usage of it wouldn't have once their campaign to be monumental,
[01:28:32.600 --> 01:28:36.600]  one of the biggest ad campaigns of advertising in propaganda history.
[01:28:36.600 --> 01:28:38.600]  So they know that.
[01:28:38.600 --> 01:28:40.600]  And they wouldn't have been able to get that as far as they did.
[01:28:40.600 --> 01:28:42.600]  I mean, this was praised by the Whitney Museum.
[01:28:42.600 --> 01:28:45.600]  So, you know, they're using that for, you know, as track.
[01:28:45.600 --> 01:28:50.600]  So have you made a claim for monetary damages against them based on the amount
[01:28:50.600 --> 01:28:56.600]  that they secured from using your copyrighted material?
[01:28:56.600 --> 01:29:00.600]  Well, I mentioned the statutory and then I mentioned anything extra.
[01:29:00.600 --> 01:29:03.600]  You know, what I did mention that it's anything else the judge...
[01:29:03.600 --> 01:29:12.600]  You might want to amend your petition to include a percentage of whatever they took in.
[01:29:12.600 --> 01:29:13.600]  Raise the stakes a little.
[01:29:13.600 --> 01:29:16.600]  $10 million.
[01:29:16.600 --> 01:29:17.600]  Wait, I missed that.
[01:29:17.600 --> 01:29:19.600]  Okay.
[01:29:19.600 --> 01:29:21.600]  What was the last thing you said?
[01:29:21.600 --> 01:29:23.600]  They took in $10 million that year.
[01:29:23.600 --> 01:29:26.600]  The year before, they had taken in like six.
[01:29:26.600 --> 01:29:27.600]  Okay.
[01:29:27.600 --> 01:29:28.600]  Do a calculation on it.
[01:29:28.600 --> 01:29:35.600]  How much, if you had authorized them to use that,
[01:29:35.600 --> 01:29:37.600]  what would you have charged them for?
[01:29:37.600 --> 01:29:38.600]  Hang on.
[01:29:38.600 --> 01:29:39.600]  We're about to go to break.
[01:29:39.600 --> 01:29:43.600]  This is Randy Kelton, Debra Stephens, Rule of Our Radio.
[01:29:43.600 --> 01:29:47.600]  A call-in number, 512-646-1984.
[01:29:47.600 --> 01:29:49.600]  Give us a call.
[01:29:49.600 --> 01:29:50.600]  We're going to break.
[01:29:50.600 --> 01:29:53.600]  We'll be right back.
[01:30:20.600 --> 01:30:22.600]  You'll never get it back again.
[01:30:22.600 --> 01:30:27.600]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.600 --> 01:30:28.600]  So protect your rights.
[01:30:28.600 --> 01:30:32.600]  Say no to surveillance and keep your information to yourself.
[01:30:32.600 --> 01:30:34.600]  Privacy, it's worth hanging on to.
[01:30:34.600 --> 01:30:38.600]  This message is brought to you by StartPage.com,
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[01:30:45.600 --> 01:30:48.600]  In Palo Alto, a woman was out for a walk when a Range Rover
[01:30:48.600 --> 01:30:50.600]  full of teenagers roared by.
[01:30:50.600 --> 01:30:53.600]  As they passed, one of the teens tossed a milkshake,
[01:30:53.600 --> 01:30:56.600]  which, I'm sorry to say, hit its intended target.
[01:30:56.600 --> 01:30:57.600]  How did the woman react?
[01:30:57.600 --> 01:30:58.600]  Well, not well.
[01:30:58.600 --> 01:31:03.600]  She lost her head and hurt her purse at the car, which was a bad idea.
[01:31:03.600 --> 01:31:06.600]  For one, it was an expensive alligator skin purse,
[01:31:06.600 --> 01:31:09.600]  and two, it had 2,000 bucks inside.
[01:31:09.600 --> 01:31:11.600]  The purse sailed through the car's open window,
[01:31:11.600 --> 01:31:15.600]  and the teens drove off, minus one milkshake and two grand richer.
[01:31:15.600 --> 01:31:18.600]  The moral of the story, when milkshakes fly your way,
[01:31:18.600 --> 01:31:20.600]  it's always best to keep your cool.
[01:31:20.600 --> 01:31:23.600]  I'm Dr. Catherine Albrecht for StartPage.com,
[01:31:23.600 --> 01:31:30.600]  the world's most private search engine.
[01:31:30.600 --> 01:31:36.600]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.600 --> 01:31:38.600]  The government says that fire brought it down.
[01:31:38.600 --> 01:31:43.600]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.600 --> 01:31:46.600]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.600 --> 01:31:49.600]  And thousands of my fellow first responders are dying.
[01:31:49.600 --> 01:31:50.600]  I'm not a conspiracy theorist.
[01:31:50.600 --> 01:31:51.600]  I'm a structural engineer.
[01:31:51.600 --> 01:31:52.600]  I'm a New York City correction officer.
[01:31:52.600 --> 01:31:53.600]  I'm an Air Force pilot.
[01:31:53.600 --> 01:31:55.600]  I'm a father who lost his son.
[01:31:55.600 --> 01:31:58.600]  We're Americans, and we deserve the truth.
[01:31:58.600 --> 01:32:01.600]  Go to RememberBuilding7.org today.
[01:32:01.600 --> 01:32:05.600]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:05.600 --> 01:32:08.600]  Hey, listen to me. Who are you?
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[01:32:44.600 --> 01:32:46.600]  Wow. Why are you so nice to me?
[01:32:46.600 --> 01:32:50.600]  Because I'm you. You're out of shape, and I need a better-looking future.
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[01:33:11.600 --> 01:33:16.600]  Thank you.
[01:33:35.600 --> 01:33:38.600]  Okay. We are back.
[01:33:38.600 --> 01:33:42.160]  Stephen's here with our special guest, Ken Magnuson,
[01:33:42.160 --> 01:33:45.080]  and we're talking to Zsa Zsa in California,
[01:33:45.080 --> 01:33:47.640]  California, you got Zsa Zsa in New York,
[01:33:47.640 --> 01:33:50.600]  and on the break, Ken corrected me,
[01:33:50.600 --> 01:33:53.780]  and I'd like to correct my misstatement.
[01:33:55.620 --> 01:33:57.520]  A emergency restraining order,
[01:33:57.520 --> 01:34:00.960]  temporary restraining order, and restraining order.
[01:34:02.140 --> 01:34:04.360]  I was saying temporary restraining order,
[01:34:04.360 --> 01:34:08.840]  and what I was thinking was emergency restraining order.
[01:34:08.840 --> 01:34:13.720]  Emergency restraining order is the one that's so dire
[01:34:13.720 --> 01:34:16.580]  that if you don't give me the restraining order now,
[01:34:16.580 --> 01:34:19.300]  something's gonna happen that can't be undone,
[01:34:19.300 --> 01:34:20.960]  and it'll become moot,
[01:34:20.960 --> 01:34:24.380]  and I'll lose my opportunity to adjudicate my issue.
[01:34:25.720 --> 01:34:27.000]  That's temporary restraining,
[01:34:27.000 --> 01:34:29.720]  emergency restraining order, and it can be granted
[01:34:29.720 --> 01:34:34.720]  at ex parte, but only restrains the other party
[01:34:35.160 --> 01:34:38.780]  long enough for a hearing to be set,
[01:34:38.780 --> 01:34:42.240]  and an evidentiary hearing be held to determine
[01:34:42.240 --> 01:34:47.040]  whether a temporary restraining order is indicated.
[01:34:48.360 --> 01:34:50.880]  And the temporary restraining order would stand
[01:34:50.880 --> 01:34:54.280]  until the case is adjudicated,
[01:34:54.280 --> 01:34:58.160]  and in the case itself, a determination would be made
[01:34:58.160 --> 01:35:01.320]  whether or not a restraining order was put in,
[01:35:01.320 --> 01:35:03.140]  a permanent restraining order was put in place.
[01:35:03.140 --> 01:35:04.240]  Is that correct, Ken?
[01:35:05.120 --> 01:35:05.960]  That's correct.
[01:35:07.480 --> 01:35:10.240]  I stand corrected.
[01:35:10.240 --> 01:35:12.760]  I made a mistake, first time,
[01:35:12.760 --> 01:35:15.360]  and y'all got to be here, first time tonight, okay?
[01:35:16.960 --> 01:35:17.780]  Okay.
[01:35:17.780 --> 01:35:18.620]  Yeah.
[01:35:18.620 --> 01:35:22.840]  But I'll still get them, thanks guys, you're awesome.
[01:35:22.840 --> 01:35:24.680]  I mean, I know there's a lot of little innuendos.
[01:35:24.680 --> 01:35:26.360]  I read that also at one point,
[01:35:26.360 --> 01:35:28.720]  but that's why I thought, I didn't know
[01:35:28.720 --> 01:35:30.400]  if they were gonna give me the temporary restraining order.
[01:35:30.400 --> 01:35:32.160]  I just wanted to bust their balls
[01:35:32.160 --> 01:35:34.160]  because they didn't even want to work with me,
[01:35:34.160 --> 01:35:36.760]  and I just, so you asked me about how much I would charge.
[01:35:36.760 --> 01:35:39.600]  I would charge about $100,000, $150,000,
[01:35:39.600 --> 01:35:42.640]  and which I would have taken on the level,
[01:35:42.640 --> 01:35:45.240]  and the reason why I went for statutory
[01:35:45.240 --> 01:35:49.840]  and plus whatever else the just thought was due to me,
[01:35:49.840 --> 01:35:51.120]  it was because it was easier.
[01:35:51.120 --> 01:35:53.720]  I already had the copyright registrations,
[01:35:53.720 --> 01:35:56.640]  and I could add, and willful damages
[01:35:56.640 --> 01:35:58.080]  can be more malicious.
[01:35:58.080 --> 01:36:03.080]  Are the statutory claims exclusive,
[01:36:03.360 --> 01:36:07.600]  or would the statutory and damages be cumulative?
[01:36:10.160 --> 01:36:13.560]  It's exclusive, I mean, I think.
[01:36:13.560 --> 01:36:17.880]  Is it such that you either take the statutory damages,
[01:36:17.880 --> 01:36:22.200]  or you take what you consider your real damages?
[01:36:22.200 --> 01:36:25.840]  Is the statutory damages, is that damages,
[01:36:25.840 --> 01:36:28.360]  or is that a fine or a fee?
[01:36:28.360 --> 01:36:31.360]  It's a certain given number that you can kind of settle on
[01:36:31.360 --> 01:36:32.760]  if they decide to go for it, you know,
[01:36:32.760 --> 01:36:35.600]  for settlement purposes, that you can discuss
[01:36:35.600 --> 01:36:39.200]  that statutory, usually it's up to 30,000.
[01:36:39.200 --> 01:36:43.320]  It's found to be willful, can be up to 150,000,
[01:36:43.320 --> 01:36:44.960]  and yes, it is one or the other.
[01:36:44.960 --> 01:36:47.400]  I don't think you can get both statutory,
[01:36:47.400 --> 01:36:52.160]  and you might be able to get, what is it,
[01:36:52.160 --> 01:36:55.080]  the profit damages plus statutory,
[01:36:55.080 --> 01:36:56.200]  but you can't get statutory,
[01:36:56.200 --> 01:36:58.000]  if you decide to just op on statutory.
[01:36:58.000 --> 01:36:59.480]  I'm not sure of that, but I know that it's,
[01:36:59.480 --> 01:37:02.200]  I remember on my last case that my lawyer had said
[01:37:02.200 --> 01:37:04.440]  it was like one or the other, and we could get statutory,
[01:37:04.440 --> 01:37:06.960]  and now I could definitely get double statutory,
[01:37:06.960 --> 01:37:09.680]  because I have the Visual Arts Rights Act,
[01:37:09.680 --> 01:37:11.960]  which means my work was also registered,
[01:37:11.960 --> 01:37:15.000]  and it is different rights that I'm suing for,
[01:37:15.000 --> 01:37:17.440]  which are attribution rights, and integrity rights,
[01:37:17.440 --> 01:37:19.640]  and you know, other things,
[01:37:19.640 --> 01:37:22.400]  other than copyright infringement, you know,
[01:37:22.400 --> 01:37:25.520]  so there are two aspects to this case now.
[01:37:25.520 --> 01:37:28.000]  Okay, so you're already up there
[01:37:28.000 --> 01:37:30.640]  close to what you would have charged anyway,
[01:37:30.640 --> 01:37:34.160]  so it probably wouldn't matter which one you did.
[01:37:34.160 --> 01:37:35.200]  Exactly, that's why I figured,
[01:37:35.200 --> 01:37:36.920]  let me stick it with a double the amount,
[01:37:36.920 --> 01:37:39.040]  which I would get 300,000, you know,
[01:37:39.040 --> 01:37:40.480]  and if they want to take it to the end,
[01:37:40.480 --> 01:37:42.680]  and you know, I didn't really want to have
[01:37:42.680 --> 01:37:44.080]  to get into a lawsuit with them, you know,
[01:37:44.080 --> 01:37:45.880]  I wanted to try to settle on a low number,
[01:37:45.880 --> 01:37:49.240]  let me leave you alone, I'm an evil pro se, you know,
[01:37:49.240 --> 01:37:52.560]  with a pen that's hot, and I believe in my rights,
[01:37:52.560 --> 01:37:54.760]  and so I'm tired of being abused by these guys,
[01:37:54.760 --> 01:37:56.240]  and you know, and so I'm that.
[01:37:56.240 --> 01:38:01.000]  Lawyers really hate to lose to a pro se.
[01:38:02.520 --> 01:38:04.920]  It really makes them look like chumps,
[01:38:06.040 --> 01:38:10.720]  and good chance that this is the lawyers churning the case,
[01:38:11.760 --> 01:38:15.040]  they've probably already charged you, the client,
[01:38:15.040 --> 01:38:17.520]  as much as you're asking for.
[01:38:17.520 --> 01:38:22.520]  You might ask, you might ask the court to order mediation.
[01:38:27.000 --> 01:38:30.520]  If the court orders the other side to mediate,
[01:38:30.520 --> 01:38:33.840]  then the lawyer can come to the table and not lose face.
[01:38:36.320 --> 01:38:38.160]  That's interesting.
[01:38:38.160 --> 01:38:39.960]  Yeah, it doesn't, you know, you wouldn't think
[01:38:39.960 --> 01:38:43.080]  that these guys are professionals, it's not about face.
[01:38:44.160 --> 01:38:45.360]  Ken, will you tell her?
[01:38:45.360 --> 01:38:50.360]  Well, I think his idea of mediation is not a bad way to go,
[01:38:54.440 --> 01:38:56.280]  because if you can hammer out a deal,
[01:38:56.280 --> 01:38:59.320]  it ends the potential for this judge
[01:38:59.320 --> 01:39:01.960]  to just destroy the whole process
[01:39:01.960 --> 01:39:05.920]  by either his particular bias or whatever.
[01:39:05.920 --> 01:39:07.800]  Does the Copyright Act allow for you
[01:39:07.800 --> 01:39:10.680]  to recover damages under a jury trial?
[01:39:11.920 --> 01:39:12.760]  Yes.
[01:39:12.760 --> 01:39:15.240]  Because I think juries would be particularly incensed
[01:39:15.240 --> 01:39:17.480]  by the idea that they did this,
[01:39:17.480 --> 01:39:20.720]  they knowingly took copyrighted material,
[01:39:20.720 --> 01:39:23.680]  were told to cease and desist, and didn't do so,
[01:39:23.680 --> 01:39:24.880]  and continued to use it.
[01:39:24.880 --> 01:39:26.160]  Are they still using it?
[01:39:27.360 --> 01:39:29.520]  Yes, that's why I tried to get a take down,
[01:39:29.520 --> 01:39:30.920]  but they're still using it,
[01:39:30.920 --> 01:39:35.440]  and I did request a trial by jury, you know.
[01:39:35.440 --> 01:39:37.000]  Picking on the little guy,
[01:39:38.080 --> 01:39:41.600]  the jury's gonna wanna bail out the little guy.
[01:39:41.600 --> 01:39:44.240]  And almost certainly, these guys are not gonna wanna
[01:39:44.240 --> 01:39:45.760]  get you in front of a jury.
[01:39:46.680 --> 01:39:48.240]  But they're playing poker.
[01:39:49.120 --> 01:39:52.640]  And one of the things that they figure they can do
[01:39:52.640 --> 01:39:55.320]  is bury you in paperwork and wear you out.
[01:39:56.440 --> 01:39:59.400]  Have you filed bar grievances against the lawyers yet?
[01:40:00.760 --> 01:40:03.160]  No, in what respect against these lawyers?
[01:40:03.160 --> 01:40:05.880]  I mean, what could I, I mean, we've sent them back and forth.
[01:40:05.880 --> 01:40:10.880]  Well, we could figure out something.
[01:40:10.880 --> 01:40:15.880]  Now, go to legalearth.net.
[01:40:17.440 --> 01:40:18.280]  Okay.
[01:40:18.280 --> 01:40:20.720]  That's kind of a demo page I put up.
[01:40:20.720 --> 01:40:24.160]  And when it opens, there in the middle of the page
[01:40:24.160 --> 01:40:26.400]  are three maps.
[01:40:26.400 --> 01:40:30.680]  The map on the right are the American Bar Association
[01:40:30.680 --> 01:40:33.800]  model standards in a questionnaire format.
[01:40:36.200 --> 01:40:38.160]  Follow those questionnaire questions,
[01:40:38.160 --> 01:40:41.560]  and they'll take you to some bar standards
[01:40:41.560 --> 01:40:44.000]  that you could grieve them for.
[01:40:44.920 --> 01:40:48.240]  Grieving them is gonna sting them on their insurance
[01:40:48.240 --> 01:40:49.200]  on the backside.
[01:40:50.200 --> 01:40:55.200]  And grieving them just tells them that you know how to do it.
[01:40:57.280 --> 01:41:00.160]  It introduces them to the pro se from hell.
[01:41:00.160 --> 01:41:03.280]  But if you grieve them, send me a copy.
[01:41:04.440 --> 01:41:06.640]  Send me a copy before you send it to them.
[01:41:06.640 --> 01:41:09.960]  Now, there was, well, okay, well, Andy,
[01:41:09.960 --> 01:41:11.880]  there was three different lawyers actually
[01:41:11.880 --> 01:41:13.800]  that contacted me, and each one keeps saying,
[01:41:13.800 --> 01:41:16.160]  oh, I'm not taking this one anymore, this one is.
[01:41:16.160 --> 01:41:18.200]  But then when I spoke to the main woman in the office,
[01:41:18.200 --> 01:41:20.200]  I said, oh, can I speak to so-and-so?
[01:41:20.200 --> 01:41:24.160]  She said, oh, well, she's not handling the legal thing,
[01:41:24.160 --> 01:41:26.120]  but she's still working in the office.
[01:41:26.120 --> 01:41:28.160]  They sounded like kids, honestly, when I-
[01:41:28.160 --> 01:41:29.880]  Okay, okay, here we go, here we go.
[01:41:31.080 --> 01:41:35.360]  Grieve them for not responding to your communications.
[01:41:35.360 --> 01:41:37.840]  You can find that in the bar standards.
[01:41:38.880 --> 01:41:43.880]  For them, I'm sorry, I'm thinking of your own attorney
[01:41:44.080 --> 01:41:46.120]  not communicating with you.
[01:41:46.120 --> 01:41:47.880]  Oh, okay.
[01:41:47.880 --> 01:41:50.280]  The thing about when you go through those standards,
[01:41:50.280 --> 01:41:52.320]  you can grieve them for everything.
[01:41:55.760 --> 01:41:58.480]  I have a book on malpractice,
[01:41:59.440 --> 01:42:04.000]  and one of the things I say is nobody who's a lawyer
[01:42:04.000 --> 01:42:06.480]  read this book before he became a lawyer,
[01:42:07.440 --> 01:42:10.440]  because you can sue him for everything.
[01:42:10.440 --> 01:42:13.360]  He would have went and flipped hamburgers or something.
[01:42:14.760 --> 01:42:19.520]  So go through the standards, I think you'll be surprised.
[01:42:19.520 --> 01:42:24.520]  You know, that's the part that's the show and tell,
[01:42:24.760 --> 01:42:28.480]  oh, look at us, we are seasoned professionals,
[01:42:28.480 --> 01:42:31.440]  you can trust us, look at these standards
[01:42:31.440 --> 01:42:34.640]  that we hold ourselves to.
[01:42:34.640 --> 01:42:39.400]  And they have standards that would convince anybody
[01:42:39.400 --> 01:42:42.800]  that no lawyer would ever do anything wrong.
[01:42:43.920 --> 01:42:47.240]  The problem is, is nobody enforces the standards,
[01:42:48.320 --> 01:42:51.760]  except their insurance companies.
[01:42:53.840 --> 01:42:58.840]  So they'll act like it wasn't a big deal that you grieved them
[01:42:58.840 --> 01:43:01.560]  and the state bar will send you back this letter
[01:43:01.560 --> 01:43:04.280]  that says we examine into your accusations
[01:43:04.280 --> 01:43:07.440]  and find that they do not rise to the level of misconduct.
[01:43:08.440 --> 01:43:11.040]  And when you get one of those, you just jump up and down,
[01:43:11.040 --> 01:43:13.480]  clap your hands, because you know
[01:43:13.480 --> 01:43:16.560]  that their insurance company is not gonna care what they said,
[01:43:16.560 --> 01:43:19.520]  they're gonna double insurance policy anyway.
[01:43:22.040 --> 01:43:25.200]  That's how it works in the real world you and I live in.
[01:43:25.200 --> 01:43:28.200]  And the lawyer is never gonna say a word to you about it,
[01:43:28.200 --> 01:43:30.240]  because he's forbidden to.
[01:43:30.240 --> 01:43:32.040]  If he does, you're grieving for that.
[01:43:33.160 --> 01:43:36.880]  Hang on, hang on, Randy Kelton,
[01:43:37.880 --> 01:43:39.520]  here with Ken Magnuson,
[01:43:39.520 --> 01:43:43.760]  I call in number 512-646-1984.
[01:43:43.760 --> 01:43:45.240]  Enrique, I see you there.
[01:43:46.240 --> 01:43:49.920]  Oh, Enrique, he's gonna have a family law issue.
[01:43:49.920 --> 01:44:00.240]  So give us a call, get in line, we'll be right back.
[01:44:00.240 --> 01:44:02.640]  You feel tired when talking about important topics
[01:44:02.640 --> 01:44:03.960]  like money and politics?
[01:44:03.960 --> 01:44:04.800]  Sorry.
[01:44:04.800 --> 01:44:06.560]  Are you confused by words like the Constitution
[01:44:06.560 --> 01:44:07.600]  or the Federal Reserve?
[01:44:07.600 --> 01:44:08.440]  What?
[01:44:08.440 --> 01:44:10.640]  If so, you may be diagnosed with the deadliest disease
[01:44:10.640 --> 01:44:12.880]  known today, stupidity.
[01:44:12.880 --> 01:44:14.720]  Hi, my name is Steve Holt,
[01:44:14.720 --> 01:44:16.360]  and like millions of other Americans,
[01:44:16.360 --> 01:44:19.200]  I was diagnosed with stupidity at an early age.
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[01:44:21.960 --> 01:44:25.200]  is found in almost every home in America, the television.
[01:44:25.200 --> 01:44:27.280]  Unfortunately, that puts most Americans
[01:44:27.280 --> 01:44:30.280]  at risk of catching stupidity, but there is hope.
[01:44:30.280 --> 01:44:32.120]  The staff at Brave New Books have helped me
[01:44:32.120 --> 01:44:33.760]  and thousands of other foxaholics
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[01:44:36.280 --> 01:44:38.880]  And because of Brave New Books, I now enjoy reading
[01:44:38.880 --> 01:44:40.720]  and watching educational documentaries
[01:44:40.720 --> 01:44:43.160]  without feeling tired or uninterested.
[01:44:43.160 --> 01:44:46.320]  So if you or anybody you know suffers from stupidity,
[01:44:46.320 --> 01:44:50.520]  then you need to call 512-480-2503
[01:44:50.520 --> 01:44:54.720]  or visit them at 1904guadalupe or bravenewbookstore.com.
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[01:44:56.320 --> 01:44:58.160]  may include discernment and enlarged vocabulary
[01:44:58.160 --> 01:45:01.240]  and an overall increase in mental functioning.
[01:45:01.240 --> 01:45:04.280]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:00.680 --> 01:46:13.280]  Well, you know karma is lurking around the corner.
[01:46:13.280 --> 01:46:20.280]  You better watch your face, it definitely takes.
[01:46:20.280 --> 01:46:27.280]  It's good and pretty to follow you.
[01:46:27.280 --> 01:46:32.280]  Karma is lurking around the corner.
[01:46:32.280 --> 01:46:43.280]  As we sow, so shall we reap.
[01:46:43.280 --> 01:46:45.600]  Okay, we are back.
[01:46:45.600 --> 01:46:49.040]  Randy Kelton, Deborah Stevens here with Steve Skidmore,
[01:46:49.040 --> 01:46:53.960]  here with Ken Mangison, and we're talking to Zsa Zsa.
[01:46:53.960 --> 01:46:58.440]  And yeah, the problem they have with pro se's
[01:46:58.440 --> 01:47:02.040]  is you can't control them.
[01:47:02.040 --> 01:47:06.480]  I was in Australia, and when I first got to Australia,
[01:47:06.480 --> 01:47:08.120]  I went there to do some seminars,
[01:47:08.120 --> 01:47:09.560]  is they took me to their high court.
[01:47:09.560 --> 01:47:11.880]  It's like our supreme.
[01:47:11.880 --> 01:47:16.160]  And I'm kind of like our supreme
[01:47:16.160 --> 01:47:18.800]  because we had regular guys going before it.
[01:47:18.800 --> 01:47:21.960]  And one of them was a pro se
[01:47:21.960 --> 01:47:26.120]  trying to adjudicate an issue with his mother's estate.
[01:47:26.120 --> 01:47:28.240]  And it had went up through the courts
[01:47:28.240 --> 01:47:30.920]  and they were at the highest court they could get to.
[01:47:30.920 --> 01:47:35.320]  And this guy is crawling down that judge's throat.
[01:47:35.320 --> 01:47:39.520]  And the judge is insisting that he get a lawyer.
[01:47:39.520 --> 01:47:42.040]  And judge really got frustrated.
[01:47:42.040 --> 01:47:43.600]  If we'd have done what these guys were doing,
[01:47:43.600 --> 01:47:46.000]  they'd have thrown us in jail.
[01:47:46.000 --> 01:47:49.360]  But the judge finally said, Mr. Brown,
[01:47:49.360 --> 01:47:52.800]  I really need you to get counsel.
[01:47:52.800 --> 01:47:54.920]  I can control counsel.
[01:47:54.920 --> 01:47:56.760]  I can't control you.
[01:47:58.000 --> 01:48:00.800]  The whole place just kind of froze
[01:48:00.800 --> 01:48:02.000]  and looked at each other like,
[01:48:02.000 --> 01:48:03.960]  we don't believe you just said that.
[01:48:04.880 --> 01:48:07.680]  But that's exactly what the judge's concerns are.
[01:48:08.760 --> 01:48:11.560]  Lawyer has to be very, very careful.
[01:48:12.800 --> 01:48:14.760]  They don't want their judge upset at it.
[01:48:15.640 --> 01:48:19.200]  Judge can sanction them any amount he wants to,
[01:48:19.200 --> 01:48:22.640]  just about any time, for about anything he wants to.
[01:48:22.640 --> 01:48:25.560]  So the last thing they want is the judge annoyed at them.
[01:48:25.560 --> 01:48:27.320]  They can rule against their next client
[01:48:27.320 --> 01:48:30.360]  to get back at them if they annoy them in this case.
[01:48:31.480 --> 01:48:32.760]  But you're a pro se.
[01:48:32.760 --> 01:48:34.320]  You don't care if the judge is mad at you.
[01:48:34.320 --> 01:48:36.960]  He's gonna rule against you anyway.
[01:48:36.960 --> 01:48:39.840]  So for the most part, you got nothing to lose.
[01:48:40.880 --> 01:48:42.440]  Nothing.
[01:48:42.440 --> 01:48:44.360]  You file bar grievances against them.
[01:48:44.360 --> 01:48:47.760]  It increases their, you know, their insurance.
[01:48:47.760 --> 01:48:50.960]  That's the real, that's the thing they can't control.
[01:48:50.960 --> 01:48:53.760]  And consider, there are nine,
[01:48:53.760 --> 01:48:57.520]  as far as I understand, there are nine underwriters
[01:48:57.520 --> 01:48:59.920]  for malpractice insurance.
[01:48:59.920 --> 01:49:02.400]  And all of those are underwritten by the laws of London.
[01:49:02.400 --> 01:49:05.400]  They all have essentially the same requirements
[01:49:05.400 --> 01:49:09.240]  as most every other insurance in the country.
[01:49:10.520 --> 01:49:13.480]  If you buy a new car, drive down to Walmart,
[01:49:13.480 --> 01:49:15.800]  drive down to Walmart, park it in the parking lot,
[01:49:15.800 --> 01:49:18.760]  go in, come out, somebody's bashed fender in.
[01:49:18.760 --> 01:49:20.760]  Call the insurance, come out and fix it.
[01:49:20.760 --> 01:49:22.680]  Increase your rates.
[01:49:22.680 --> 01:49:26.280]  You go down next month, somebody bashes another one in.
[01:49:26.280 --> 01:49:28.040]  They come out, fix it, they cancel.
[01:49:28.920 --> 01:49:30.720]  Your fault, their fault, nobody's fault.
[01:49:30.720 --> 01:49:31.920]  They don't care.
[01:49:32.800 --> 01:49:35.960]  You are an unacceptable risk in your history.
[01:49:36.840 --> 01:49:38.680]  They do the same thing to the lawyers.
[01:49:39.840 --> 01:49:42.040]  Had a lawyer tell me one bar grievance
[01:49:42.040 --> 01:49:45.480]  your first year of practice, they will cancel immediately.
[01:49:45.480 --> 01:49:48.200]  Two bar grievances, any one year of practice they cancel.
[01:49:48.200 --> 01:49:51.520]  Three, they cancel your law firm's malpractice insurance.
[01:49:51.520 --> 01:49:53.640]  Valid, invalid, they don't care.
[01:49:54.560 --> 01:49:58.320]  Because they know the state bar is gonna send you
[01:49:58.320 --> 01:50:01.480]  that letter no matter what you accused the lawyer of.
[01:50:02.520 --> 01:50:04.160]  We examine it into your accusation,
[01:50:04.160 --> 01:50:06.440]  find it does not rise to the level of misconduct,
[01:50:06.440 --> 01:50:07.280]  and toss it.
[01:50:07.280 --> 01:50:12.280]  So the insurance company cannot gauge the level of risk
[01:50:12.760 --> 01:50:14.080]  by valid bar grievances.
[01:50:15.200 --> 01:50:18.000]  They throw them all out by the numbers.
[01:50:19.840 --> 01:50:23.120]  That lawyer told me, that's patently unfair.
[01:50:23.120 --> 01:50:25.360]  And I was grinning from ear to ear when I said,
[01:50:25.360 --> 01:50:27.040]  yeah, it is, isn't it?
[01:50:27.040 --> 01:50:30.480]  And he said, I knew I shouldn't have told you that.
[01:50:31.560 --> 01:50:33.760]  He was right, he shouldn't have.
[01:50:33.760 --> 01:50:35.880]  But we need to understand the weaknesses.
[01:50:35.880 --> 01:50:38.120]  It is a kind of complaints against the judge.
[01:50:39.560 --> 01:50:43.560]  Same issue, he has a bond.
[01:50:43.560 --> 01:50:45.560]  That bond is an insurance policy.
[01:50:47.520 --> 01:50:49.160]  You kick his insurance policy up,
[01:50:49.160 --> 01:50:51.600]  he's gonna get real excited.
[01:50:51.600 --> 01:50:54.160]  So, but before you do that,
[01:50:54.160 --> 01:50:57.560]  this is not about, you're not in this
[01:50:57.560 --> 01:51:00.240]  to right a bunch of civil wrongs,
[01:51:00.240 --> 01:51:03.840]  you're in this to get to remedy.
[01:51:03.840 --> 01:51:08.840]  So here, sting the lawyer a bit,
[01:51:09.520 --> 01:51:12.240]  and then ask the judge to force the lawyer
[01:51:12.240 --> 01:51:14.800]  to come to the table and mediate with you.
[01:51:16.080 --> 01:51:18.880]  Then he's more likely to just want to get rid of you
[01:51:18.880 --> 01:51:21.360]  so he can go to the other places where he makes more money
[01:51:21.360 --> 01:51:22.560]  and doesn't get beat up.
[01:51:25.720 --> 01:51:27.240]  And does that sound reasonable?
[01:51:28.080 --> 01:51:28.920]  That sounds great.
[01:51:28.920 --> 01:51:31.320]  So I write a letter to the judge
[01:51:31.320 --> 01:51:32.960]  after they receive their complaint,
[01:51:32.960 --> 01:51:35.040]  after I've sent them a bar grievance.
[01:51:36.560 --> 01:51:39.040]  No, not letter, file a motion,
[01:51:39.040 --> 01:51:41.800]  ask the judge to compel mediation.
[01:51:42.800 --> 01:51:46.400]  A motion to compel mediation, all right.
[01:51:46.400 --> 01:51:51.400]  It doesn't matter if he compels them or not.
[01:51:51.440 --> 01:51:55.920]  He probably won't, but it gives them,
[01:51:55.920 --> 01:51:58.480]  it opens the door for them to come to the table
[01:51:58.480 --> 01:52:00.520]  and get this to go away.
[01:52:00.520 --> 01:52:03.440]  And then they might get on the phone with me
[01:52:03.440 --> 01:52:05.360]  and then give me an offer, right?
[01:52:05.360 --> 01:52:07.920]  Exactly, and the judge is likely to tell them,
[01:52:07.920 --> 01:52:10.720]  get this woman out of my court.
[01:52:10.720 --> 01:52:12.200]  I'm too busy for this.
[01:52:12.200 --> 01:52:14.880]  Make it go away or I'll make you pay.
[01:52:17.120 --> 01:52:20.280]  But it kind of opens the door.
[01:52:20.280 --> 01:52:24.240]  And the judge will undoubtedly appreciate the fact
[01:52:24.240 --> 01:52:25.840]  that you want to get this out of his court
[01:52:25.840 --> 01:52:29.440]  because he's certainly going to be very busy.
[01:52:29.440 --> 01:52:32.920]  And the more cases he can get off his docket,
[01:52:32.920 --> 01:52:33.880]  the better for him.
[01:52:35.280 --> 01:52:37.000]  Yeah, I've mentioned already
[01:52:37.000 --> 01:52:41.200]  that I already attempted to resolve this.
[01:52:41.200 --> 01:52:42.920]  I didn't state that already in my papers,
[01:52:42.920 --> 01:52:46.600]  but I can state that in this motion to compel mediation,
[01:52:46.600 --> 01:52:49.720]  that I've already attempted to amicably resolve this
[01:52:49.720 --> 01:52:50.640]  through letter writing
[01:52:50.640 --> 01:52:54.240]  prior to even resorting to the court system
[01:52:54.240 --> 01:52:56.160]  and that they refuse to acknowledge.
[01:52:56.160 --> 01:52:57.720]  That would be perfect.
[01:52:57.720 --> 01:53:00.440]  That they fail to mediate.
[01:53:00.440 --> 01:53:03.320]  And so you ask the judge to compel them to mediate.
[01:53:05.600 --> 01:53:07.040]  Okay, and then I wouldn't even file,
[01:53:07.040 --> 01:53:09.040]  I wouldn't file until they receive,
[01:53:09.040 --> 01:53:11.920]  that the marshal serves them, correct?
[01:53:11.920 --> 01:53:12.760]  Right.
[01:53:13.680 --> 01:53:14.520]  Okay.
[01:53:14.520 --> 01:53:16.840]  Okay, you think until they have answered.
[01:53:18.920 --> 01:53:21.240]  But I can file a bar grievance at any time.
[01:53:22.240 --> 01:53:24.640]  Yeah, I wouldn't do it until they've answered.
[01:53:24.640 --> 01:53:29.640]  Well, I don't know, Ken, they're failing to do it.
[01:53:29.640 --> 01:53:32.600]  No, I'd wait until they answered.
[01:53:35.560 --> 01:53:37.480]  Okay, I mean, I've already dealt with them a little bit.
[01:53:37.480 --> 01:53:38.840]  I'm sure I could figure out something,
[01:53:38.840 --> 01:53:40.880]  but yeah, let's wait until I have
[01:53:40.880 --> 01:53:43.080]  some kind of communication with these punks.
[01:53:44.200 --> 01:53:46.960]  First, there was a comment everybody was talking about.
[01:53:46.960 --> 01:53:49.400]  You said something about writing a letter to the judge.
[01:53:49.400 --> 01:53:50.960]  And I know you may have misspoke,
[01:53:50.960 --> 01:53:53.960]  but just for everybody out there listening,
[01:53:53.960 --> 01:53:58.000]  never write a letter to the judge in a case.
[01:53:58.000 --> 01:54:00.320]  That's ex parte communication.
[01:54:00.320 --> 01:54:02.680]  It's strictly for Bolton.
[01:54:02.680 --> 01:54:05.040]  You always address the court,
[01:54:05.040 --> 01:54:07.200]  which is the judge, through motions.
[01:54:10.680 --> 01:54:12.240]  Yeah, and there's guys out there that say,
[01:54:12.240 --> 01:54:15.240]  don't file a motion to file affidavits.
[01:54:15.240 --> 01:54:19.360]  Well, affidavits don't ask the court to do anything.
[01:54:19.360 --> 01:54:24.080]  The motion, you tell the judge what you want the judge to do.
[01:54:25.120 --> 01:54:27.640]  Then you tell the judge why he should do
[01:54:27.640 --> 01:54:28.760]  what you want him to do.
[01:54:28.760 --> 01:54:32.720]  You give him facts and law.
[01:54:32.720 --> 01:54:36.200]  The trial judge has two primary duties,
[01:54:36.200 --> 01:54:39.120]  determine the facts in accordance with rules of evidence,
[01:54:39.120 --> 01:54:41.880]  apply the law to the facts as it comes to him.
[01:54:41.880 --> 01:54:45.280]  So you tell the judge, this is what I'm gonna ask you to do
[01:54:45.280 --> 01:54:46.120]  in your motion.
[01:54:46.120 --> 01:54:51.120]  And then you tell him, here's the facts, here are the facts.
[01:54:51.120 --> 01:54:54.480]  Here's the law as it applies to those facts.
[01:54:54.480 --> 01:54:57.960]  This is the decision you should come to.
[01:54:57.960 --> 01:55:01.640]  And then you ask him to come to the decision in the prayer.
[01:55:01.640 --> 01:55:04.800]  I had someone send me a case where they'd been sued
[01:55:04.800 --> 01:55:09.080]  in a credit matter, and he asked me, what do you think?
[01:55:09.080 --> 01:55:11.240]  I said, they ain't got a prayer.
[01:55:11.240 --> 01:55:12.320]  And he said, well, why not?
[01:55:12.320 --> 01:55:14.840]  I said, I don't know, they don't have one.
[01:55:14.840 --> 01:55:19.240]  These lawyers filed this case and called the guy
[01:55:19.240 --> 01:55:22.240]  a dirty rotten deadbeat scoundrel,
[01:55:22.240 --> 01:55:25.680]  but they never asked the judge to give them remedy.
[01:55:27.120 --> 01:55:27.960]  So in your-
[01:55:27.960 --> 01:55:29.360]  You have to ask for remedy.
[01:55:29.360 --> 01:55:31.640]  Yeah, in the prayer, you ask him for what you want.
[01:55:31.640 --> 01:55:36.640]  And here you can look up something on mediation
[01:55:37.600 --> 01:55:38.880]  and it doesn't have to be great.
[01:55:38.880 --> 01:55:40.760]  Just tell the judge that you want mediation
[01:55:40.760 --> 01:55:42.520]  and you tried mediation
[01:55:42.520 --> 01:55:44.920]  and they wouldn't mediate in good faith.
[01:55:44.920 --> 01:55:46.840]  So ask him to compel.
[01:55:48.000 --> 01:55:49.720]  I've written several motions, it's not a problem.
[01:55:49.720 --> 01:55:51.560]  I can write a motion, that'd be fun.
[01:55:53.160 --> 01:55:54.280]  I want to take care of this.
[01:55:54.280 --> 01:55:55.880]  And I'm going to call you back in like a week or two.
[01:55:55.880 --> 01:55:58.200]  I'm about to file the big suits,
[01:55:58.200 --> 01:55:59.160]  but I think I'm going to go
[01:55:59.160 --> 01:56:01.720]  with the U.S. District Attorneys first
[01:56:01.720 --> 01:56:04.440]  because of the criminal aspects to it.
[01:56:04.440 --> 01:56:06.720]  And then I'll file the RICO.
[01:56:06.720 --> 01:56:09.080]  Okay, get ready for the motion to dismiss
[01:56:09.080 --> 01:56:13.240]  the failure to state a claim on which cover can be had.
[01:56:13.240 --> 01:56:14.320]  Okay.
[01:56:14.320 --> 01:56:16.240]  Standard, everybody files it.
[01:56:17.320 --> 01:56:20.040]  It's a move to state, they're going to state,
[01:56:20.040 --> 01:56:22.040]  this party that I'm up against now, right?
[01:56:22.040 --> 01:56:22.880]  Motion to dismiss-
[01:56:22.880 --> 01:56:26.560]  Yeah, what this motion does is stops the clock for them.
[01:56:28.360 --> 01:56:30.720]  They're going to say, you didn't state a claim
[01:56:30.720 --> 01:56:31.840]  so we shouldn't have to go
[01:56:31.840 --> 01:56:35.320]  to all the trouble of writing an answer.
[01:56:35.320 --> 01:56:39.600]  So the clock stops until this motion to dismiss
[01:56:39.600 --> 01:56:42.160]  for failure to state a claim is heard.
[01:56:42.160 --> 01:56:46.120]  And if it's denied, then their clock starts again.
[01:56:46.120 --> 01:56:47.520]  Ken, did you have something?
[01:56:49.320 --> 01:56:51.360]  No, I'm not that familiar with the process
[01:56:51.360 --> 01:56:54.240]  except for if they file it and there's no,
[01:56:54.240 --> 01:56:56.440]  if you've clearly stated a claim,
[01:56:56.440 --> 01:56:59.680]  then it becomes a frivolous filing
[01:56:59.680 --> 01:57:01.120]  and it becomes sanctionable.
[01:57:01.120 --> 01:57:04.000]  They're not allowed to file that just to file it.
[01:57:04.000 --> 01:57:09.000]  General denial is how you answer a case
[01:57:09.160 --> 01:57:11.400]  when you're sued as the defendant
[01:57:11.400 --> 01:57:13.320]  and you want to just get an answer in
[01:57:13.320 --> 01:57:14.880]  to meet the time deadline.
[01:57:14.880 --> 01:57:16.760]  But you can always file a verified
[01:57:16.760 --> 01:57:19.280]  or affirmative defense at a later date.
[01:57:19.280 --> 01:57:22.440]  But at least by filing a general denial,
[01:57:22.440 --> 01:57:24.840]  you stop the process from moving forward
[01:57:24.840 --> 01:57:27.000]  without your participation.
[01:57:27.000 --> 01:57:29.400]  You can't just file frivolous filings
[01:57:29.400 --> 01:57:32.200]  just to try to stop the clock.
[01:57:32.200 --> 01:57:37.200]  That's frivolous motion practice and that's sanctionable.
[01:57:37.280 --> 01:57:40.360]  It would be if they did because I stated plenty of causes
[01:57:40.360 --> 01:57:42.560]  and there was already physical evidence
[01:57:42.560 --> 01:57:44.040]  and I wrote enough stature
[01:57:44.040 --> 01:57:46.840]  and I proved enough protected expression that existed
[01:57:46.840 --> 01:57:50.080]  and its own registration and existence in the world.
[01:57:50.080 --> 01:57:53.320]  So yeah, I definitely proved it so it would be frivolous.
[01:57:53.320 --> 01:57:54.160]  Right, right.
[01:57:54.160 --> 01:57:56.520]  And if that's where first bar grievance then,
[01:57:56.520 --> 01:57:57.920]  if they file that motion.
[01:57:59.080 --> 01:58:00.280]  Yeah, that would be perfect.
[01:58:00.280 --> 01:58:02.080]  Bar grievance, sanctions.
[01:58:03.200 --> 01:58:06.800]  So, okay, we're about to go to break and let me.
[01:58:06.800 --> 01:58:08.120]  You rock.
[01:58:08.120 --> 01:58:09.120]  Yes, we are.
[01:58:09.120 --> 01:58:11.800]  And if we're done here, we got Enrique.
[01:58:11.800 --> 01:58:15.760]  I know he's waiting to tell us about his family law issue.
[01:58:15.760 --> 01:58:18.040]  But Ja-Ja, keep us up to date.
[01:58:18.040 --> 01:58:20.040]  Let us know what happens.
[01:58:20.040 --> 01:58:21.760]  Thanks and you will get a donation again.
[01:58:21.760 --> 01:58:23.080]  Thank you so much guys, bye.
[01:58:23.080 --> 01:58:24.600]  Thank you, okay.
[01:58:25.600 --> 01:58:28.000]  This is Randy Kelton, Deborah Stevens
[01:58:28.000 --> 01:58:30.560]  here with Kin Magazine.
[01:58:30.560 --> 01:58:34.480]  I'll call you at number 512-646-1984.
[01:58:34.480 --> 01:58:35.920]  Give us a call.
[01:58:35.920 --> 01:58:37.920]  We'll be taking calls all night.
[01:58:37.920 --> 01:58:39.240]  We'll be right back.
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