ROL_2014-11-07_16k_Hr1-2.timecode

[00:00.000 --> 00:07.800]  This is the Liberty Beat, your daily source for Liberty News and activist updates online
[00:07.800 --> 00:08.800]  at TheLibertyBeat.com.
[00:08.800 --> 00:14.400]  I'm Brian Hagen with your Liberty Beat for Friday, November 7th, 2014.
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[00:50.560 --> 00:55.640]  In the news, the FBI, the Department of Homeland Security and Europol, have seized the online
[00:55.640 --> 01:01.080]  Marketplace, the Silk Road 2, as well as Marketplace's Hydra and Cloud9.
[01:01.080 --> 01:05.320]  Wired reports that an FBI spokesperson stated there will be three more seizures revealed
[01:05.320 --> 01:06.820]  on Friday.
[01:06.820 --> 01:11.320]  Nearly $2.5 million worth of Bitcoin was also taken by the governments.
[01:11.320 --> 01:16.160]  The FBI has arrested Blake Menthol in San Francisco, alleging him to be the administrator of the
[01:16.160 --> 01:20.400]  Silk Road 2.
[01:20.400 --> 01:26.040]  According to the New York Times, after the U.S. invasion of Iraq in 2003, over 600 U.S.
[01:26.040 --> 01:30.640]  military personnel believe they came into close physical contact with discarded makeshift
[01:30.640 --> 01:31.880]  chemical weapons.
[01:31.880 --> 01:36.320]  Disclosed for the first time by the armed forces over 10 years later, this was gleaned
[01:36.320 --> 01:42.360]  from an exit survey presented to U.S. troops, which asked them whether they had such contact.
[01:42.360 --> 01:46.680]  U.S. Secretary of Defense Chuck Hagel told media this week he has a plan to find medical
[01:46.680 --> 01:53.200]  care for those who dealt with contaminated materials in the war in Iraq.
[01:53.200 --> 01:57.600]  The American Civil Liberties Union of Missouri has launched a smartphone app for recording,
[01:57.600 --> 02:01.480]  reporting and alerting others when someone is stopped by police.
[02:01.480 --> 02:05.280]  The Know Your Rights function gives users an overview of their rights when stopped by
[02:05.280 --> 02:06.280]  officers.
[02:06.280 --> 02:09.120]  The app can be downloaded for free at the organization's website.
[02:09.120 --> 02:12.880]  It's also been launched in Mississippi, Oregon and Nebraska.
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[02:49.240 --> 02:53.360]  This is The Liberty Beat for Friday, November 7, 2014.
[02:53.360 --> 02:59.000]  Check out the website at thelibertybeat.com and like us on Facebook at facebook.com slash
[02:59.000 --> 03:27.000]  The Liberty Beat.
[03:27.000 --> 03:55.600]  Howdy, howdy, Randy Kelton, Steve Skidmore, we are Radio on this Friday, November 7.
[03:55.600 --> 04:02.240]  We thank you all for listening and I wanted to start out tonight by talking about our
[04:02.240 --> 04:07.040]  illustrious Rick Perry.
[04:07.040 --> 04:17.440]  In listening to the news, we hear that Rick Perry's attorney's Rick Perry went to a motion
[04:17.440 --> 04:22.600]  hearing and believe it was yesterday.
[04:22.600 --> 04:29.840]  And at that hearing, they filed to dismiss for a number of reasons.
[04:29.840 --> 04:36.280]  Originally, their original answer in their habeas corpus went to the constitutionality
[04:36.280 --> 04:38.880]  of the statute itself.
[04:38.880 --> 04:44.720]  When I saw the habeas corpus, I thought, Holy Mark, these guys are brain dead.
[04:44.720 --> 04:57.280]  So I prepared a brief of a sort and sent it to their lawyers and also contacted Rick Perry's,
[04:57.280 --> 05:03.280]  one of his aides, gave him an earful and sent him a copy of the brief.
[05:03.280 --> 05:16.440]  And in the news reports, it was reported that counsel asked that the indictment be dismissed
[05:16.440 --> 05:26.120]  on a number of technical grounds, one of which was that the attorney Pro Tim did not swear
[05:26.120 --> 05:28.560]  to a proper oath.
[05:28.560 --> 05:37.000]  And it looked like the newspapers jumped on that because that one was the easiest to attack
[05:37.000 --> 05:46.400]  and the easiest to distort because they're saying, well, big deal, minor technicality
[05:46.400 --> 05:52.160]  he didn't fought, he didn't swear to the proper oath and all of those who are in the
[05:52.160 --> 06:00.720]  legal reform community are pretty familiar with this issue that yes, it's technical,
[06:00.720 --> 06:06.200]  but the whole problem with the system is technical.
[06:06.200 --> 06:11.800]  Right now, the average conviction rate in the state of Texas for all crimes across the
[06:11.800 --> 06:19.000]  board is 99.6.
[06:19.000 --> 06:28.480]  If you are in Texas, you are living in the worst police state the world has ever seen
[06:28.480 --> 06:31.200]  and for the most part, nobody has a clue.
[06:31.200 --> 06:35.000]  Yeah, we know there's a problem with the legal criminal justice system.
[06:35.000 --> 06:39.160]  People complain about it a lot, but for the majority of the people never have anything
[06:39.160 --> 06:41.800]  to do with the system.
[06:41.800 --> 06:50.800]  And so the majority of the people still have this notion that it will somehow protect them.
[06:50.800 --> 06:57.240]  Those who have experienced the criminal justice system know better.
[06:57.240 --> 07:10.760]  So in looking at what is the problem, now it can't be construed that the problem amounts
[07:10.760 --> 07:17.960]  to a bunch of Jack Booty thug police officers that like nothing better to do than go out
[07:17.960 --> 07:21.400]  and push around the public.
[07:21.400 --> 07:24.000]  That's just unreasonable.
[07:24.000 --> 07:29.800]  Even if there are Jack Booty thugs out there that I could push around the public for the
[07:29.800 --> 07:34.840]  most part, this is a systemic problem.
[07:34.840 --> 07:37.280]  This is a problem with the system, not the people.
[07:37.280 --> 07:43.480]  The people have been the same for the last 6,000 years.
[07:43.480 --> 07:50.840]  And these same people have been involved in governments for the last 6,000 years.
[07:50.840 --> 07:55.800]  Some of the governments were better than others, but they were administered by the same human
[07:55.800 --> 07:58.080]  beings.
[07:58.080 --> 08:04.320]  The problems with the system cannot be attributed to human beings because human beings are what
[08:04.320 --> 08:07.040]  they are.
[08:07.040 --> 08:12.360]  Problems with the system have to be attributed to flaws in the system.
[08:12.360 --> 08:16.760]  If we get the system right, it will work right.
[08:16.760 --> 08:23.200]  But in order to get it right, we have to realize that those people administering the system
[08:23.200 --> 08:26.160]  are human beings.
[08:26.160 --> 08:29.680]  And I don't know if God created man.
[08:29.680 --> 08:36.000]  I know all the churches say that God created man, assuming that he did.
[08:36.000 --> 08:41.360]  He made us terribly flawed.
[08:41.360 --> 08:48.920]  And apparently he did that on purpose to give us opportunity to have life experience and
[08:48.920 --> 08:55.800]  make positive and beneficial decisions and grow in the spirit in the process of life.
[08:55.800 --> 09:01.920]  Well, his plan seems to be working well because we have lots of opportunities to grow in the
[09:01.920 --> 09:04.080]  spirit.
[09:04.080 --> 09:07.960]  And we grow in the spirit by making spiritually powerful decisions, and this actually comes
[09:07.960 --> 09:14.000]  from the Indian nations, that they believe that their only purpose in life was to grow
[09:14.000 --> 09:15.000]  in the spirit.
[09:15.000 --> 09:19.560]  And the only way to grow in the spirit was to make spiritually powerful decisions.
[09:19.560 --> 09:24.680]  And those decisions that have the most power in them are the most difficult ones.
[09:24.680 --> 09:33.000]  So they looked at difficulty not as evil, not as a menace put upon them, but rather
[09:33.000 --> 09:36.080]  as opportunity to grow in the spirit.
[09:36.080 --> 09:38.960]  So we have lots of opportunity.
[09:38.960 --> 09:41.400]  And here we're dealing with that opportunity.
[09:41.400 --> 09:44.320]  There's something wrong with the system.
[09:44.320 --> 09:48.840]  If we fix the system, these problems will go away.
[09:48.840 --> 09:58.960]  So from that consideration, most of you who listen regularly know that a few years ago
[09:58.960 --> 10:05.920]  I filed a habeas corpus in the Tom Delay case.
[10:05.920 --> 10:10.760]  And Dick DeGaron's lawyer called me and he was all upset and asked me if I was the one
[10:10.760 --> 10:13.280]  that filed the habeas corpus, and I told him yes I was.
[10:13.280 --> 10:21.280]  And he told me he was the head lawyer, and he didn't authorize it.
[10:21.280 --> 10:26.560]  And I told him, authorize it, you moron, you're the one that should have filed it.
[10:26.560 --> 10:29.960]  And he got upset and hung up on me.
[10:29.960 --> 10:36.400]  And when the case was heard in Travis County, I went to the court and put the habeas in
[10:36.400 --> 10:39.360]  Tom Delay's hand himself.
[10:39.360 --> 10:43.840]  And then when the court started after they had impaneled the jury, I stood up in the
[10:43.840 --> 10:47.640]  courtroom and told Judge Deets that my name is Randall Kelton, and I have business with
[10:47.640 --> 10:51.840]  this court that supersedes any business now before the court.
[10:51.840 --> 10:55.840]  He said, you're the one with the habeas, as a matter of fact I am, and he had me thrown
[10:55.840 --> 10:56.840]  out of the courtroom.
[10:56.840 --> 10:59.520]  They never heard the habeas.
[10:59.520 --> 11:10.960]  What was in the habeas was the same issue that was in the brief that I sent to Governor
[11:10.960 --> 11:14.160]  Perry's lawyers.
[11:14.160 --> 11:18.280]  And I could care less about Tom Delay.
[11:18.280 --> 11:21.760]  I could also care less about Rick Perry.
[11:21.760 --> 11:28.720]  However, underlying those two individuals is a process.
[11:28.720 --> 11:35.480]  Makes no difference how little or much I may think of these individuals.
[11:35.480 --> 11:44.720]  Our public officials have a duty to follow and abide by and follow our law.
[11:44.720 --> 11:55.840]  Our law says that a prosecuting attorney cannot simply go to a grand jury and seek an indictment.
[11:55.840 --> 12:00.680]  There are a number of procedures he must follow.
[12:00.680 --> 12:08.320]  In order to get the prosecuting attorney in perspective, he's merely a lawyer that represents
[12:08.320 --> 12:10.720]  the state.
[12:10.720 --> 12:14.600]  He's not really a state actor.
[12:14.600 --> 12:22.600]  If you're in a civil suit, you have a plaintiff and you have a defendant.
[12:22.600 --> 12:30.840]  Neither one of those are the lawyers, and the plaintiff and the defendant hires a lawyer.
[12:30.840 --> 12:36.040]  And when the plaintiff or defendant hires a lawyer, they bring that lawyer into the case
[12:36.040 --> 12:39.600]  and the lawyer adjudicates the law and the matter.
[12:39.600 --> 12:42.520]  Neither of them initiate the case.
[12:42.520 --> 12:49.400]  This must be initiated by the defendant, by the plaintiff, answered by the defendant.
[12:49.400 --> 12:56.360]  Now, when we move from civil to criminal, criminal is a subset of civil.
[12:56.360 --> 13:00.800]  And in criminal, the state is the plaintiff.
[13:00.800 --> 13:06.480]  The defendant is the defendant, the other party.
[13:06.480 --> 13:10.640]  So the only difference between the civil case and one of the differences is that the state
[13:10.640 --> 13:17.120]  is always the plaintiff in the civil matter, not the prosecuting attorney.
[13:17.120 --> 13:19.960]  He's merely a lawyer that represents the state.
[13:19.960 --> 13:28.560]  And if you read the code, the code is set up so that the lawyer for the state is essentially
[13:28.560 --> 13:32.160]  on the sideline.
[13:32.160 --> 13:41.720]  Before 1865, when they established public prosecutors, if someone committed a crime against you,
[13:41.720 --> 13:46.360]  you would hire a lawyer who would act as a prosecutor, and the other side would hire
[13:46.360 --> 13:50.520]  a lawyer who would act as the defendant's counsel.
[13:50.520 --> 13:56.920]  In 1865, they established a public prosecutor.
[13:56.920 --> 14:02.240]  So that demonstrates the position of the two.
[14:02.240 --> 14:10.480]  The prosecutor is a lawyer for the state, and prior to the time there was a public prosecutor,
[14:10.480 --> 14:19.320]  there had to be a process by which a complaint could be brought to the state.
[14:19.320 --> 14:26.480]  And that process is very clearly stipulated in law.
[14:26.480 --> 14:37.840]  Some citizen would prepare and file a criminal affidavit accusing a particular person of
[14:37.840 --> 14:47.640]  violating a particular law, and they were to file that complaint with some magistrate.
[14:47.640 --> 14:53.200]  Everything in law directs a complaint to some magistrate.
[14:53.200 --> 14:58.080]  Now, because of the prosecutor's position, sometimes people go and talk to him about
[14:58.080 --> 15:04.160]  crimes, or sometimes when he's investigating, when he's been called in to act as a prosecutor
[15:04.160 --> 15:09.720]  in one crime, he discovers that another has been committed.
[15:09.720 --> 15:14.920]  When a prosecutor's made known that a crime's been committed, there's nothing in the code
[15:14.920 --> 15:18.480]  that authorizes him to go to the grand jury.
[15:18.480 --> 15:25.320]  What he is required to do is reduce complaint to an information and submit the complaint
[15:25.320 --> 15:27.760]  to some magistrate.
[15:27.760 --> 15:31.520]  Doesn't say anything about a grand jury.
[15:31.520 --> 15:39.040]  Some magistrate, same as everybody else who has knowledge of a crime being committed.
[15:39.040 --> 15:44.760]  A police officer, when he files a criminal complaint, he files it with some magistrate
[15:44.760 --> 15:49.240]  in the exact same capacity as you do.
[15:49.240 --> 15:54.400]  He is a police officer, and that gives him special authority to do investigations.
[15:54.400 --> 15:59.520]  But that does not include a special authority to file a criminal complaint.
[15:59.520 --> 16:06.600]  A criminal complaint is filed in his capacity as a citizen.
[16:06.600 --> 16:09.680]  The same is yours.
[16:09.680 --> 16:13.600]  If you have knowledge that a crime's been committed, you prepare a criminal affidavit
[16:13.600 --> 16:19.440]  stating the facts as you know them to be in your belief, it can be filed on hearsay
[16:19.440 --> 16:24.640]  only, and you present that complaint to some magistrate, and then the presenting of the
[16:24.640 --> 16:29.880]  complaint to some magistrate, you invoke his duty as a magistrate, and all judges are
[16:29.880 --> 16:30.880]  magistrates.
[16:30.880 --> 16:34.480]  But will you give him a complaint to take off their judge's hat, put on their magistrate's
[16:34.480 --> 16:38.080]  hat, and hold an examining trial?
[16:38.080 --> 16:44.320]  No matter who it's from, citizen, police officer, prosecutor, we'll get back to that
[16:44.320 --> 16:48.680]  when we come back from the other side, and I'll explain what I filed with the governor,
[16:48.680 --> 16:50.600]  and we hope that's what's in their pleadings.
[16:50.600 --> 16:56.080]  Randy Kelton, Steve Skidmore, Rural Law Radio, I call it number 512-646-1984.
[16:56.080 --> 17:00.720]  We'll be right back.
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[19:07.720 --> 19:20.360]  Okay, we are back.
[19:20.360 --> 19:24.000]  Randy Kelk with Steve Skidmore, ruleoflawradio.
[19:24.000 --> 19:36.080]  On this Friday, the 7th day of November, 2014, and we were talking about the censor due process.
[19:36.080 --> 19:40.360]  Anybody can file a complaint, and when a complaint is filed, it's always filed with a magistrate.
[19:40.360 --> 19:44.960]  There's nothing in law different for a prosecuting attorney.
[19:44.960 --> 19:55.000]  As a matter of fact, these 2.05 code of crime procedure specifically directs the prosecuting
[19:55.000 --> 20:03.400]  attorney to forward complaints that he receives to some magistrate, and the way the process
[20:03.400 --> 20:10.600]  works is all judges are magistrates.
[20:10.600 --> 20:15.480]  When a judge is made known that a crime has been committed, his judge's hat comes off,
[20:15.480 --> 20:22.320]  his magistrate's hat comes on, goes on, magistrates can do 3 things.
[20:22.320 --> 20:25.760]  They can marry people, that's so they can make a few extra bucks.
[20:25.760 --> 20:31.200]  When a judge holds a marriage ceremony, he does not do it as a judge, he does it as a
[20:31.200 --> 20:32.920]  magistrate.
[20:32.920 --> 20:35.480]  Magistrates include Mearris.
[20:35.480 --> 20:43.640]  They can marry people, they can hold an examining trial under Chapter 16 code of criminal procedure,
[20:43.640 --> 20:45.840]  and they can set bail.
[20:45.840 --> 20:46.840]  That's it.
[20:46.840 --> 20:49.160]  That's all a magistrate can do.
[20:49.160 --> 20:53.680]  So when a magistrate is made known that a crime has been committed by the presentation
[20:53.680 --> 21:02.480]  of a verified criminal affidavit to the magistrate, it gives the magistrate subject matter jurisdiction
[21:02.480 --> 21:08.880]  and the duty to examine into the sufficiency of the criminal accusation.
[21:08.880 --> 21:14.360]  Under Article 2.1.0, code of criminal procedure, under duties of magistrate shall be the duty
[21:14.360 --> 21:18.520]  of the magistrate to keep peace in the county by all legal means, shall issue processes,
[21:18.520 --> 21:20.480]  and blah, blah, blah, blah.
[21:20.480 --> 21:29.720]  Article 2.1.1, when a magistrate sits for the purpose of examining into a criminal accusation
[21:29.720 --> 21:36.480]  that is an examining trial, go to Chapter 16, a whole chapter on what's to be done in
[21:36.480 --> 21:38.120]  an examining trial.
[21:38.120 --> 21:42.520]  First one, 16.01.
[21:42.520 --> 21:52.400]  Halfway through 16.01, it says the accused shall have the right to an examining trial
[21:52.400 --> 21:54.720]  prior to indictment.
[21:54.720 --> 22:05.000]  Now, anybody's familiar with what occurred in the Rick Perry case will be aware that
[22:05.000 --> 22:14.640]  the prosecuting attorney went to the grand jury and got an indictment against Rick Perry.
[22:14.640 --> 22:21.200]  Well, my question is, how in the heck did he do that?
[22:21.200 --> 22:31.800]  Because when I look in the code, I see nothing that authorizes the district attorney to go
[22:31.800 --> 22:35.680]  to the grand jury and seek an indictment.
[22:35.680 --> 22:45.440]  What I see is a requirement that all criminal accusations be filed with some magistrate,
[22:45.440 --> 22:53.520]  and the magistrate is to hold an examining trial, and in holding the examining trial,
[22:53.520 --> 23:00.480]  the first thing that the 16.01 says is the magistrate shall let a person has the right
[23:00.480 --> 23:07.360]  to an examining trial prior to indictment, and then 16.17, Code of Criminal Procedure
[23:07.360 --> 23:19.680]  says that after an examining trial, the magistrate shall prepare an order under 16.17 stating
[23:19.680 --> 23:24.800]  whether the person was released at their liberty in the finding of no probable cause.
[23:24.800 --> 23:32.840]  The probable cause was found to state whether the person was released on bond or bound over
[23:32.840 --> 23:35.280]  to the jail for trial.
[23:35.280 --> 23:52.040]  Now, that's pretty easy to understand, so once he's done this, 17.30, Texas Code of
[23:52.040 --> 24:03.120]  Criminal Procedure says that after the hearing, the magistrate shall seal up the complaint,
[24:03.120 --> 24:16.200]  the witness statement, the reason it says witness statement is in 16.02, the defendant
[24:16.200 --> 24:25.080]  statement, the defendant has the right to make a statement prior to the introduction
[24:25.080 --> 24:28.680]  of any evidence into the case.
[24:28.680 --> 24:36.880]  So 17.30 requires that the complaint, and that statement, and all other documents had
[24:36.880 --> 24:46.040]  in the hearing, be sent to the court of jurisdiction sealed up in an envelope with the magistrate's
[24:46.040 --> 24:51.520]  name written across the seal of the envelope.
[24:51.520 --> 24:58.480]  Once the magistrate finds probable cause, the complaint gives him subject matter jurisdiction
[24:58.480 --> 25:01.160]  to hold the probable cause hearing.
[25:01.160 --> 25:11.160]  Once he finds probable cause and he transfers the complaint, the 16.17 order and 16.20 warrant,
[25:11.160 --> 25:17.800]  if warrant is indicated versus not already in jail, he seals all those up in an envelope
[25:17.800 --> 25:21.200]  and forwards it to the clerk of the court of jurisdiction.
[25:21.200 --> 25:29.080]  If the accusation is a misdemeanor, it goes to the county clerk.
[25:29.080 --> 25:38.200]  If it is a felony, it goes to the district clerk and under 17.31, the district clerk
[25:38.200 --> 25:45.240]  shall keep all those papers safe and deliver them up to the next grand jury.
[25:45.240 --> 25:51.560]  That's how complaints get to grand juries, not by way of the lawyer for the state.
[25:51.560 --> 25:57.520]  The lawyer don't have anything to do with it yet, unless he's called in at the examining
[25:57.520 --> 26:00.880]  trial to represent the state.
[26:00.880 --> 26:04.400]  But other than that, he has nothing to do with it, he's just a lawyer for the state.
[26:04.400 --> 26:10.600]  The state takes the action, the state public officials, elected officials, do their jobs
[26:10.600 --> 26:17.440]  and they forward it from one to the other, magistrate, clerk, from clerk to grand jury,
[26:17.440 --> 26:19.720]  that's how it gets there.
[26:19.720 --> 26:25.720]  In the Perry case, prosecuting attorney bypassed all that stuff.
[26:25.720 --> 26:32.160]  Prosecuting attorney went directly to the grand jury, well that creates a problem.
[26:32.160 --> 26:36.920]  Kennedy v. State, Wilma Kennedy v. State.
[26:36.920 --> 26:45.680]  In that case, the court held that in order to avoid the obvious evils of the accumulation
[26:45.680 --> 26:53.480]  of power in any one office, for the purpose of filing a criminal complaint, the prosecuting
[26:53.480 --> 26:59.440]  attorney is not a credible person.
[26:59.440 --> 27:07.920]  The issue I brought in the Tom DeLay case was that no one had ever filed a criminal accusation
[27:07.920 --> 27:11.080]  against Tom DeLay.
[27:11.080 --> 27:16.160]  If you go look in the public record today for the Tom DeLay case, you'll find no criminal
[27:16.160 --> 27:18.600]  complaint in there.
[27:18.600 --> 27:22.080]  So who was his accuser?
[27:22.080 --> 27:30.760]  The only one who made an accusation against him was the attorney, but under Kennedy v.
[27:30.760 --> 27:34.000]  State, he's forbidden to do that.
[27:34.000 --> 27:38.360]  So how did they manage to get an indictment on Tom DeLay?
[27:38.360 --> 27:45.240]  Well, you'll notice that Tom DeLay was convicted with prison for three years and the appeals
[27:45.240 --> 27:53.240]  court didn't reverse the decision in remand, but rather they dismissed the entire case
[27:53.240 --> 27:56.160]  for lack of evidence.
[27:56.160 --> 28:04.000]  Had proper procedure been followed, this would have never came to trial, much less put him
[28:04.000 --> 28:11.600]  in prison for three years, and take out the second highest political official in the country.
[28:11.600 --> 28:17.680]  So now they're pulling the same thing on Rick Perry, where the prosecutor went directly
[28:17.680 --> 28:19.680]  to the grand jury.
[28:19.680 --> 28:26.440]  Well, the problem with that is 16.01, which gives the accused the right to an examining
[28:26.440 --> 28:36.320]  trial, and had Rick Perry had an opportunity to have an examining trial, he would have
[28:36.320 --> 28:43.560]  the opportunity to present exculpatory evidence into the record.
[28:43.560 --> 28:52.240]  And then when the prosecutor was called to represent the state and do a presentation
[28:52.240 --> 29:02.840]  to the grand jury on a criminal accusation, presentation, as opposed to giving notice,
[29:02.840 --> 29:09.880]  only the prosecutor can do a presentment to the grand jury as a matter of law.
[29:09.880 --> 29:15.600]  Anyone can do a presentment to a grand jury if their grand jury asks them to do so, which
[29:15.600 --> 29:21.040]  they asked me to do so in Johnson County once.
[29:21.040 --> 29:25.000]  So I went in and presented the district attorney, but I could only do it at the request of the
[29:25.000 --> 29:26.000]  grand jury.
[29:26.000 --> 29:34.880]  The prosecutor attorney has statutory standing to present a criminal complaint, but he does
[29:34.880 --> 29:42.440]  not have statutory standing to give notice to the grand jury that a crime has been committed.
[29:42.440 --> 29:44.000]  That's given to a magistrate.
[29:44.000 --> 29:47.080]  Hang on, we'll pick this up when we come back.
[29:47.080 --> 29:52.640]  Phone lines are open, 512-646-1984, give us a call.
[29:52.640 --> 29:59.640]  Hi to Kelton, Steve Skidmore, we'll be right back.
[29:59.640 --> 30:05.880]  Jabber, jabber, jabber, it's the sound of people talking about other people, gossiping
[30:05.880 --> 30:09.400]  around the water cooler is an age old tradition, but is it really okay?
[30:09.400 --> 30:13.400]  I'm Dr. Catherine Albrecht, and I'll tell you more in just a moment.
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[30:44.280 --> 30:46.160]  Gossip is more than just idle talk.
[30:46.160 --> 30:50.960]  A study by Northeastern University proves that negative chit chat actually changes the
[30:50.960 --> 30:53.960]  way we view the person who's defamed.
[30:53.960 --> 30:58.560]  Volunteers viewed images of neutral human faces paired with neutral, positive or negative
[30:58.560 --> 30:59.560]  gossip.
[30:59.560 --> 31:04.560]  When shown an image associated with negative comments like she stole money, volunteers
[31:04.560 --> 31:09.400]  spent much more time studying the person's face than they did the other faces.
[31:09.400 --> 31:13.400]  Researchers believe the change in the visual perception of people associated with negative
[31:13.400 --> 31:15.760]  gossip is a protection mechanism.
[31:15.760 --> 31:25.760]  It helps us steer clear of people with a reputation for lying, cheating or harming others.
[31:45.760 --> 32:09.080]  In today's America we live in an us against them society and if we the people are ever
[32:09.080 --> 32:13.200]  going to have a free society then we're going to have to stand and defend our own rights.
[32:13.200 --> 32:16.480]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.480 --> 32:20.520]  in our own private capacity and most importantly the right to due process of law.
[32:20.520 --> 32:24.360]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.360 --> 32:26.200]  our rights through due process.
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[32:29.720 --> 32:33.480]  most comprehensive teaching tool available that will help you understand what due process
[32:33.480 --> 32:35.880]  is and how to hold your courts to the rule of law.
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[32:39.880 --> 32:41.200]  ordering your copy today.
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[32:55.240 --> 33:00.600]  Order your copy today and together we can have the free society we all want and deserve.
[33:00.600 --> 33:17.440]  You're listening to the Logos Radio Network at www.logosradionetwork.com Yeah, I got
[33:17.440 --> 33:38.960]  a copy of Eddie's book and I got a copy of Eddie's book and I got a copy of Eddie's
[33:38.960 --> 34:00.900]  book and I got a copy of Eddie's book and I got a copy of Eddie's book and I got a
[34:00.900 --> 34:12.900]  And we're talking about the prosecuting attorney and primarily the Rick Perry case.
[34:12.900 --> 34:17.900]  The prosecutor is just a lawyer for the state.
[34:17.900 --> 34:26.900]  And there is a procedure for getting complaints to a grand jury that does not include the prosecuting attorneys.
[34:26.900 --> 34:33.900]  Now, once the grand jury has been given notice that a crime has been committed,
[34:33.900 --> 34:44.900]  then the prosecuting attorney can, as a matter of law, present the accusation to the grand jury.
[34:44.900 --> 34:52.900]  But he's not exclusive in that regard.
[34:52.900 --> 35:03.900]  If the grand jury wants, they can ask an ordinary citizen to come in and present the complaint to the grand jury.
[35:03.900 --> 35:10.900]  A presentation in this context is a term of art.
[35:10.900 --> 35:14.900]  It means something very specific.
[35:14.900 --> 35:17.900]  It doesn't mean giving notice.
[35:17.900 --> 35:20.900]  And anybody can give notice.
[35:20.900 --> 35:23.900]  That's under 20.09 code of crime procedure.
[35:23.900 --> 35:32.900]  Grand jury shall examine into all criminal accusations that come to their knowledge by way of their own knowledge,
[35:32.900 --> 35:37.900]  the prosecuting attorney, or any credible person.
[35:37.900 --> 35:44.900]  So the prosecutor can give them notice, but his method of giving them notice is different than ours.
[35:44.900 --> 35:50.900]  His method of giving them notice is by way of presenting a complaint to some magistrate.
[35:50.900 --> 35:54.900]  The magistrate holds an examining trial, forwards it to the clerk of the court.
[35:54.900 --> 35:57.900]  The clerk of the court sends it back to the grand jury.
[35:57.900 --> 36:03.900]  You and I, we can go directly to the grand jury and give them notice that a crime has been committed.
[36:03.900 --> 36:08.900]  We can't do a presentation unless they ask us to, but we can give them notice.
[36:08.900 --> 36:11.900]  And that invokes their duty under 20.09.
[36:11.900 --> 36:14.900]  Okay, back to where we were.
[36:14.900 --> 36:18.900]  Under 2.01 code of criminal procedure.
[36:18.900 --> 36:21.900]  Under duties of officers, chapter 2.
[36:21.900 --> 36:26.900]  2.01, very first one, goes to prosecuting attorneys.
[36:26.900 --> 36:31.900]  It shall be the primary duty of the prosecuting attorney, not to secure conviction,
[36:31.900 --> 36:42.900]  but to ensure that justice is served, he shall not seek witnesses or evidence that may show the innocence of the accused or mitigate the guilt of the accused.
[36:42.900 --> 36:46.900]  That is the first duty of a prosecutor.
[36:46.900 --> 36:57.900]  Well, if the prosecutor followed the procedures and filed a complaint with some magistrate and the magistrate held an examining trial,
[36:57.900 --> 37:04.900]  the accused would have opportunity to place into the record of sculpatory evidence,
[37:04.900 --> 37:17.900]  which the prosecutor then in doing a presentation to the grand jury would have an obligation under 2.01 to present to the grand jury.
[37:17.900 --> 37:29.900]  And under 16.27 code of criminal procedure, that is the last statute under the section of impaneling a grand jury.
[37:29.900 --> 37:36.900]  And that grants the citizens the right to challenge the grand jury panel.
[37:36.900 --> 37:42.900]  Once the grand jury is impaneled, then they cannot be challenged.
[37:42.900 --> 37:56.900]  So, if the prosecuting attorney goes directly to a grand jury without following the statutory procedure of filing a complaint with a magistrate holding an examining trial,
[37:56.900 --> 38:08.900]  the accused never has an examining trial, so they have no knowledge that an indictment, a presentment to a grand jury is pending.
[38:08.900 --> 38:19.900]  If they had an examining trial and the magistrate found probable cause, they would have knowledge that a presentment to a grand jury was pending,
[38:19.900 --> 38:33.900]  so then they could go to the grand jury in panel met hearing and raise objections to grand jury members who may be their ex-wife's father.
[38:33.900 --> 38:41.900]  Now, somebody that really hates him or hasn't asked to grind against him, this would give him an opportunity to challenge those grand jury members.
[38:41.900 --> 38:58.900]  But the prosecutor, by bypassing the rule of law, denies the accused of the right to challenge the grand jury pool, denies the accused in the right to present exculpatory evidence.
[38:58.900 --> 39:05.900]  If you go to chapter 20, Code of Criminal Procedure, which goes to the duties of the grand jury,
[39:05.900 --> 39:21.900]  20.21 tells the grand jury that after they have voted rather to true bill or no bill, then the foreman along with a quorum of the grand jury shall come before the court
[39:21.900 --> 39:30.900]  and give notice to the court of the indictments and the clerk shall make notes in the minutes of the court.
[39:30.900 --> 39:43.900]  20.22, if the person has not been arrested, the clerk is restricted for making notes in the minutes of the court until the clerk is issued a capious,
[39:43.900 --> 39:47.900]  the person has been arrested and the person has been arrested.
[39:47.900 --> 39:55.900]  Once they've been arrested, then the clerk can make notes in the minutes of the court that an indictment exists.
[39:55.900 --> 40:02.900]  Reason for that is because the person has a right to an examining trial prior to indictment.
[40:02.900 --> 40:13.900]  So even though the grand jury has voted, the indictment does not become a matter of law until the person has been arrested
[40:13.900 --> 40:23.900]  because when a person is arrested, they are directed by the 14.06, 15.16,
[40:23.900 --> 40:32.900]  directs the arresting officer with or without a warrant, with a warrant 15.16, without a warrant 14.06.
[40:32.900 --> 40:42.900]  They're directed to take the person directly to the nearest magistrate and the magistrate is to hold an examining trial.
[40:42.900 --> 40:51.900]  With a warrant, if they're arrested on a warrant, the warrant wasn't necessarily as a matter of law issued ex parte,
[40:51.900 --> 40:56.900]  means the accused wasn't there. If the accused was there, there wouldn't be a need for a warrant.
[40:56.900 --> 41:00.900]  So the policeman goes to the magistrate, ex parte, and asks for a warrant.
[41:00.900 --> 41:05.900]  He wants to get the warrant and arrest him while it was an ex parte hearing, so you bring him back before the magistrate
[41:05.900 --> 41:12.900]  and now you get an opportunity, the accused, to enter exculpatory evidence and show why you shouldn't be indicted.
[41:12.900 --> 41:20.900]  Then the judge makes another ruling if you're arrested without a warrant directly to the magistrate.
[41:20.900 --> 41:27.900]  So had they done that, had the person been taken to the magistrate,
[41:27.900 --> 41:37.900]  had an opportunity to put in exculpatory evidence and then they were in their examining trial and then they would have had that right.
[41:37.900 --> 41:46.900]  Now the clerk can put notations in the minutes of the court that an indictment exists.
[41:46.900 --> 41:52.900]  I hope all that makes sense. Does that make sense, Steve?
[41:52.900 --> 41:55.900]  I think Steve's in there.
[41:55.900 --> 41:59.900]  We're working on Steve. We're having little issues with Steve. We'll have him up in a minute.
[41:59.900 --> 42:10.900]  So this was essentially the brief that I sent to Rick Perry's lawyers.
[42:10.900 --> 42:24.900]  And also there is a case that seemed to allow the prosecutor to get an indictment without the person having an examining trial.
[42:24.900 --> 42:33.900]  And one of the cases said it is well settled that the person can be indicted without an examining trial.
[42:33.900 --> 42:39.900]  And I followed these cases all the way back and I don't have up to proper pay.
[42:39.900 --> 42:46.900]  Oh, here it is. There's the page. There was one case, Trussell v. State.
[42:46.900 --> 42:56.900]  This is a 1967 case. This is the case on which all of these the subsequent case law is based.
[42:56.900 --> 43:08.900]  And in this case, the court ruled that on January 13, 1966, the indictment was turned without an examining trial having been held.
[43:08.900 --> 43:22.900]  A pellet site, 16.01 Kodakura, which he would have us construe as depriving the grand jury of authority to return an indictment prior to his being afforded an examining trial.
[43:22.900 --> 43:37.900]  16.01 reads in part as follows, the accused in any felony case shall have the right to an examining trial before indictment in the county heaven jurisdiction.
[43:37.900 --> 43:48.900]  And the court issued a very extensive order that said we see no error. That's it.
[43:48.900 --> 43:59.900]  Hang on. We'll be back. Randy Kelton. We'll have our radio. Steve Stigmore, if we can get him. 512-646-1984. We'll be right back.
[43:59.900 --> 44:17.900]  Hello. My name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by our store at 1904 Waterloo Street, Sweet D here in Austin, Texas, behind Brave New Books and J-Pain to see all our fantastic health and wellness products with your very own eyes.
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[45:13.900 --> 45:22.900]  If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
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[45:58.900 --> 46:23.900]  6. Law Easy
[46:23.900 --> 46:40.900]  Always, I must be careful what I'm wishing for. When I'm hungry, I like to know just what I'm wishing for. I ain't asking for much, I ain't trying to be no glutton.
[46:40.900 --> 46:57.900]  I'm just here making my living, pushing buttons. I get my message out when anyone is shouting distance. I hope for bravery and against slavery to show resistance.
[46:57.900 --> 47:20.900]  First I'm crawling, then I'm walking, then I start strutting. I'm just so glad to make my living, pushing buttons.
[47:20.900 --> 47:36.900]  When we sat down to play Monopoly, we all wanted to win the game. We gave some guys this money supply. We must have not been thinking new brains. After some time, the worth of my time got beat down to dinner.
[47:36.900 --> 47:51.900]  Ok, we are back. Randy Kelton, Steve Skidmore of Rule of Law Radio, and we've got Steve up and he's looking up the name of the prosecutor in the case right now.
[47:51.900 --> 48:17.900]  If you've looked at the news, you'll see some news reports about this hearing that was held Thursday. What I'm hoping is that when the news report refers to Rick Perry's lawyers asking that the case be dismissed based on some technicalities.
[48:17.900 --> 48:37.900]  I'm hoping that those technicalities goes to these issues that I've raised here. And the reason being, if we get the court to rule in Rick Perry's case, that the prosecutor must follow the statutory rule of law.
[48:37.900 --> 48:47.900]  Then he won't be able to do that in cases of people with less political clout.
[48:47.900 --> 48:55.900]  The prosecutor's name is Michael McCrum. Michael McCrum, MC, CRUM.
[48:55.900 --> 49:16.900]  Ok, the news reports said that the only technicality they referenced was that the defense objected to McCrum because they maintained he did not file a proper oath.
[49:16.900 --> 49:29.900]  I'm hoping that the news didn't reference these other issues because they were somewhat more complex and not amenable to a soundbite.
[49:29.900 --> 49:40.900]  But I haven't been able to get a copy of the documents, the pleads that were actually filed. So I don't know what issues they actually brought.
[49:40.900 --> 49:49.900]  If they haven't brought them, then I may prepare a habeas corpus myself and file it in the case.
[49:49.900 --> 49:59.900]  We really could use a ruling on these issues. These issues were brought up in the Tom DeLay case.
[49:59.900 --> 50:17.900]  And we didn't get a ruling on it. And I suspect that in the Tom DeLay case, the reason we couldn't get anywhere and the reason Tom DeLay's lawyers didn't pursue anything is that the Tom DeLay case was all a scam.
[50:17.900 --> 50:32.900]  That they had a lot more against Tom DeLay and they cut a deal with him. That if he would take the hit on the allegations they made, that they wouldn't prosecute him for the more serious stuff.
[50:32.900 --> 50:48.900]  And then they would run him through the mill and then wind up dismissing the whole thing, which they did. So I suspect when I gave Tom DeLay that habeas corpus, it scared the bejesus out of him because he was afraid I was going to clear his deal that already made.
[50:48.900 --> 51:05.900]  So I believe the whole hearing, the whole trial, everything was a scam. And it was held by Judge Dietz, which as far as I can tell is absolutely bought and paid for.
[51:05.900 --> 51:27.900]  So he'll do anything he's handlers telling me to do. Now this one, with the governor being a state official and a little bit less amenable to their control, I get the impression that the Republican Party didn't want Perry running for president again.
[51:27.900 --> 51:42.900]  And probably told him not to and he told him to go scratch. And so they're doing this to punish him. And I'm hoping this gives him the impetus to fight this on the technical details.
[51:42.900 --> 51:58.900]  I noticed in one of the news reports that they were the prosecutor complained that the defense was trying to avoid the indictment based on technical details. And the defense said these are not technical details.
[51:58.900 --> 52:09.900]  These go to the rule of law. And I hope that was a Freudian slip and a reference to where he got it, but I'm not sure.
[52:09.900 --> 52:16.900]  So that's my story. What do you think, Steve? Do you think we got a chance?
[52:16.900 --> 52:23.900]  Well, the underlying question is, did Rick Perry do something wrong? I think he did.
[52:23.900 --> 52:27.900]  Hold on. Okay. No, no, that's not the answer. We don't get to that question yet.
[52:27.900 --> 52:42.900]  Well, I understand. But yes, I think we got a choice. But to get there, I think Rick Perry shouldn't have done what he did. What he did was he denied funds to what outfit was that?
[52:42.900 --> 52:44.900]  Public integrity unit.
[52:44.900 --> 52:45.900]  Public integrity unit.
[52:45.900 --> 52:51.900]  Now, wait a minute. He had the absolute right to do that.
[52:51.900 --> 53:08.900]  I don't think he had a duty to do it because from what I can tell, the public, okay, our grand juries, I say our as we the people, we are supposed to have unfettered access to our grand juries.
[53:08.900 --> 53:15.900]  The grand jury doesn't belong to the court, doesn't belong to the governor, doesn't belong to the AG. It belongs to the people.
[53:15.900 --> 53:30.900]  We should have unfettered access to our grand jury. I see the public integrity unit as a statutory office, extra constitutional or anti-constitutional, if you want to go that far.
[53:30.900 --> 53:48.900]  But I see this office having been put in place to shield our public officials from prosecution when we the people want to go to our grand juries and file complaints with the grand jury against our public officials.
[53:48.900 --> 54:08.900]  Exactly. 2.03, Code of Criminal Procedure. You got 2.01. It's kind of a high-minded rhetoric shall be the primary duty of the prosecution attorney, not the student to your conviction, but to ensure the justice is served, blah, blah, blah.
[54:08.900 --> 54:10.900]  Okay, that's a nice high-minded rhetoric.
[54:10.900 --> 54:22.900]  We really don't tell him to do anything specifically. 2.02 tells him the district attorney handled these cases, county attorney handled these cases.
[54:22.900 --> 54:45.900]  2.03, the very first one that places a specific duty on the prosecuting attorney. I'm paraphrasing here. When a prosecuting attorney is made known in any manner that a public official has violated the law relating to his office, he shall reduce complaint from the information submitted to the grand jury.
[54:45.900 --> 55:05.900]  I used to stay forth with it to get out. No discretion of any kind in the matter of a complaint against a public official. Now, 2.04, 2.05 addresses what the prosecutor will do in matters of a complaint against everybody else.
[55:05.900 --> 55:28.900]  So this is a special statute exempted out of the normal due process just for prosecuting it, just for public officials. So how on earth can the prosecuting attorney have a public integrity unit to investigate into criminal accusations against a public official?
[55:28.900 --> 55:49.900]  I don't see how I can. That's what I mean. When Rick Perry, he could have come to the same ends by different means. He did this in retaliation against our local drunkard who's also a DA.
[55:49.900 --> 55:57.900]  Instead of retaliating against her, he should have disbanded the public integrity unit because it's a statutory office.
[55:57.900 --> 56:04.900]  No, he can't. No, it's not. The public integrity unit is certainly not called for in a constitution.
[56:04.900 --> 56:10.900]  No, it's set up by the prosecutor's office. There's nothing in statute.
[56:10.900 --> 56:33.900]  Okay, then whatever. It is absolutely illegal and should be completely torn apart, dismantled from the ground up. Sorry, guys, but you're out of a job. You've been breaking the law since the day you entered the job and it's over.
[56:33.900 --> 56:46.900]  I think Perry would have stood a far better chance had he approached it on a constitutional issue instead of a retaliatory act against the DA for not stepping down.
[56:46.900 --> 57:06.900]  I agree. He did that badly. He should have just denied it and he should have known better than tried to force a public official to resign, but he had no power to force the Lumberg to resign.
[57:06.900 --> 57:08.900]  Correct.
[57:08.900 --> 57:24.900]  But he did have power to deny those funds. So he exercised an authority. He had an absolute right to exercise. And what his opinion about it was is irrelevant.
[57:24.900 --> 57:26.900]  Agreed.
[57:26.900 --> 57:46.900]  So the governor is not authorized to veto a measure only under certain circumstances. I don't know of any restrictions he can do whenever he wants to see his call.
[57:46.900 --> 58:00.900]  So they're saying you can only veto this appropriation measure if you haven't tried to get the public official to resign. Well, where is that at?
[58:00.900 --> 58:05.900]  It's not in the code.
[58:05.900 --> 58:22.900]  I don't think that's why I sent them this briefs that you guys are not going to win this because the prosecutor wouldn't win this anyway because the governor has the right to do what he did.
[58:22.900 --> 58:30.900]  And even if he did it for a reason that we don't like, he still has the right to do it.
[58:30.900 --> 58:39.900]  So they're going to lose that one. And this was just done to defame him, to keep him from running for president. That's my opinion.
[58:39.900 --> 58:41.900]  Hang on, Randy Kelton.
[58:41.900 --> 58:45.900]  Steve Skidmore, we were on radio. Call in number 512-646-1984.
[58:45.900 --> 59:00.900]  Sonny Walt, we see you there. We'll start taking calls.
[59:00.900 --> 59:12.900]  The New Testament recovery version is one of the most comprehensive study bibles available today. It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
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[59:59.900 --> 01:00:21.900]  This is the Liberty Beat, your daily source for Liberty News and activist updates online at thelibertybeat.com. I'm Brian Hagan with your Liberty Beat for Friday, November 7th, 2014. Gold is trading around $1,148, silver at $15.36 and Bitcoin is trading around $350.
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[01:00:49.900 --> 01:01:05.900]  In the news, the FBI, the Department of Homeland Security and Europol, have seized the online marketplace, the Silk Road 2, as well as Marketplace's Hydra and Cloud 9. Wired reports that an FBI spokesperson stated there will be three more seizures revealed on Friday.
[01:01:05.900 --> 01:01:19.900]  Nearly $2.5 million worth of Bitcoin was also taken by the governments. The FBI has arrested Blake Benthal in San Francisco, alleging him to be the administrator of the Silk Road 2.
[01:01:19.900 --> 01:01:35.900]  According to the New York Times, after the U.S. invasion of Iraq in 2003, over 600 U.S. military personnel believed they came into close physical contact with discarded makeshift chemical weapons disclosed for the first time by the armed forces over 10 years later.
[01:01:35.900 --> 01:01:41.900]  This was gleaned from an exit survey presented to U.S. troops, which asked them whether they had such contact.
[01:01:41.900 --> 01:01:52.900]  U.S. Secretary of Defense Chuck Hagel told media this week he has a plan to find medical care for those who dealt with contaminated materials in the war in Iraq.
[01:01:52.900 --> 01:02:00.900]  The American Civil Liberties Union of Missouri has launched a smartphone app for recording, reporting, and alerting others when someone is stopped by police.
[01:02:00.900 --> 01:02:11.900]  The Know Your Rights function gives users an overview of their rights when stopped by officers. The app can be downloaded for free at the organization's website. It has also been launched in Mississippi, Oregon, and Nebraska.
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[01:02:48.900 --> 01:02:59.900]  This is The Liberty Beat for Friday, November 7, 2014. Check out the website at TheLibertyBeat.com and like us on Facebook at Facebook.com slash The Liberty Beat.
[01:03:18.900 --> 01:03:25.900]  These warmongers come by that term right there.
[01:03:25.900 --> 01:03:37.900]  I will pay for the war with my body. Ain't gonna pay for their car with my money. I won't pay for the fun with my body.
[01:03:37.900 --> 01:03:44.900]  Different wicked analogic shoddy. Ain't gonna pay for the war with my body.
[01:03:44.900 --> 01:03:48.900]  Okay, we are back.
[01:03:48.900 --> 01:03:53.900]  Andy Kelton, Steve Skidmore with our radio and we're talking about Mr. Perry.
[01:03:53.900 --> 01:03:59.900]  I think we'll finish this discussion up this segment and then we'll start going to our calls.
[01:03:59.900 --> 01:04:04.900]  Steve, where are we on Mr. Perry? I think we're talking about...
[01:04:04.900 --> 01:04:09.900]  We're talking about disbanding the public integrity unit.
[01:04:09.900 --> 01:04:14.900]  So in that regard, I think he was right to deny them funding.
[01:04:14.900 --> 01:04:23.900]  And then in retaliation, they went and got an indictment in violation of law.
[01:04:23.900 --> 01:04:30.900]  At the very least, they should have referred this issue to the public integrity unit.
[01:04:30.900 --> 01:04:35.900]  Oh, wait a minute. They didn't have any funds.
[01:04:35.900 --> 01:04:39.900]  Oops. Imagine that.
[01:04:39.900 --> 01:04:47.900]  This is what, you know, if you've been listening to the show for a long time, this is what we've been trying to get for a long time.
[01:04:47.900 --> 01:04:57.900]  Is when a prosecuting attorney is made known in any manner that a public official is violating the law relating to his office,
[01:04:57.900 --> 01:05:06.900]  he is to get that out of his hands as quickly as he can, put it in the hands of some magistrate, and leave it be.
[01:05:06.900 --> 01:05:19.900]  No prosecutor should be put in a position to make a determination as to whether or not to prosecute a public official that he works with.
[01:05:19.900 --> 01:05:28.900]  No official should be put in that position, and our legislature considered that, so they took the prosecutor out of that position.
[01:05:28.900 --> 01:05:37.900]  But for political purposes, they want back in that position because it gives them a lot of political power.
[01:05:37.900 --> 01:05:42.900]  Political power, that was not intended.
[01:05:42.900 --> 01:05:48.900]  So we need to go in and take that power back away from them.
[01:05:48.900 --> 01:05:52.900]  So my fight here is not in defense of the governor.
[01:05:52.900 --> 01:05:58.900]  So I don't really have opinion about him one way or another.
[01:05:58.900 --> 01:06:03.900]  My fight here is for due process rule of law.
[01:06:03.900 --> 01:06:14.900]  But since he is the governor, there's a greater chance that we can get the ruling we need because this whole thing, this whole thing everybody knows is political.
[01:06:14.900 --> 01:06:19.900]  Everybody expects to get the governor indicted over this.
[01:06:19.900 --> 01:06:23.900]  They just want to give him a political black eye.
[01:06:23.900 --> 01:06:32.900]  And once he's out of the presidential race, then they'll let this whole thing go.
[01:06:32.900 --> 01:06:51.900]  What they may do, what I'm hoping they do is use the technical violations as an excuse to dismiss the case without having to go to the merits.
[01:06:51.900 --> 01:06:56.900]  It's a good way to duck out of it.
[01:06:56.900 --> 01:07:01.900]  But if they duck out of it that way, then they give us the ruling we need.
[01:07:01.900 --> 01:07:14.900]  So when the prosecuting attorney indites someone just because he's upset at them, we can use that ruling to take that indictment away from him.
[01:07:14.900 --> 01:07:19.900]  That sounds reasonable, Steve.
[01:07:19.900 --> 01:07:22.900]  Well that's my story and I'm sticking to it.
[01:07:22.900 --> 01:07:23.900]  Don't blame me.
[01:07:23.900 --> 01:07:47.900]  So I'm hoping in Austin to stop by the courthouse and pick up a copy of the motion to quash the subpoena filed by Rick Perry's defendant, the lawyers, very much like see what was in there.
[01:07:47.900 --> 01:07:50.900]  Okay, you got a comment or do you want us to go to callers?
[01:07:50.900 --> 01:07:52.900]  No, we can go straight to callers.
[01:07:52.900 --> 01:07:55.900]  Did I say do you got a comment?
[01:07:55.900 --> 01:07:57.900]  Oops, do you have a comment?
[01:07:57.900 --> 01:07:59.900]  I don't have a comment.
[01:07:59.900 --> 01:08:00.900]  Okay, thank you.
[01:08:00.900 --> 01:08:02.900]  You're welcome.
[01:08:02.900 --> 01:08:04.900]  We're going to go to Sonny in Georgia.
[01:08:04.900 --> 01:08:08.900]  Hello Sonny, what do you have for us today?
[01:08:08.900 --> 01:08:10.900]  Hey Randy, hey Steve.
[01:08:10.900 --> 01:08:13.900]  Hey Sonny.
[01:08:13.900 --> 01:08:17.900]  I was supposed to get foreclosed on Tuesday.
[01:08:17.900 --> 01:08:34.900]  I filed chapter 7 bankruptcy on Monday and I have a quiet title, I'm in Georgia which is non-judicial and a title theory state.
[01:08:34.900 --> 01:08:38.900]  Well if it's one it would have to be the other.
[01:08:38.900 --> 01:08:45.900]  Lean theory states are, wait a minute.
[01:08:45.900 --> 01:08:50.900]  Okay, lean theory states such as Texas are non-judicial.
[01:08:50.900 --> 01:08:55.900]  Title theory states are judicial such as Florida.
[01:08:55.900 --> 01:08:59.900]  In lean theory states you will have a deed of trust.
[01:08:59.900 --> 01:09:02.900]  In title theory states you will have a mortgage.
[01:09:02.900 --> 01:09:31.900]  In a title theory state at closing legal title is transferred to the lender and a lean theory state, Texas particularly, it's illegal for a lender in a consumer transaction to require that the borrower transfer the property to the lender.
[01:09:31.900 --> 01:09:37.900]  They can only transfer it to a third party trustee to hold in trust.
[01:09:37.900 --> 01:09:40.900]  That's why they call it deed of trust.
[01:09:40.900 --> 01:09:49.900]  So then the lender holds a lean against the property rather than actually holding legal title to the property.
[01:09:49.900 --> 01:09:51.900]  That's kind of the difference.
[01:09:51.900 --> 01:09:53.900]  I'll shut up now.
[01:09:53.900 --> 01:10:10.900]  Georgia is sort of a strange state in that it's non-judicial but it also transfers the title at the closing which makes it sort of strange.
[01:10:10.900 --> 01:10:15.900]  Wait, are you saying title or warranty deed?
[01:10:15.900 --> 01:10:18.900]  Deed to the property.
[01:10:18.900 --> 01:10:36.900]  The legal title is the legal title was given to MERS.
[01:10:36.900 --> 01:10:38.900]  Okay, hold on.
[01:10:38.900 --> 01:10:40.900]  This is done in every state.
[01:10:40.900 --> 01:10:44.900]  Every time MERS is involved, you have two titles.
[01:10:44.900 --> 01:10:51.900]  You have two claims, you have equitable title and legal title.
[01:10:51.900 --> 01:10:54.900]  Title is different than warranty deed.
[01:10:54.900 --> 01:10:56.900]  Title is not ownership.
[01:10:56.900 --> 01:11:00.900]  Title is a form of claim.
[01:11:00.900 --> 01:11:12.900]  The when you come to closing, the lender comes to closing and offers to trade you the ownership of the property in the form of warranty deed.
[01:11:12.900 --> 01:11:27.900]  In return for a promise to pay a given amount of funds over a certain period and a lean against the property, a claim against the property.
[01:11:27.900 --> 01:11:34.900]  In a mortgage state, you grant a claim against the property in the form of legal title.
[01:11:34.900 --> 01:11:48.900]  In a non-judicial state, you grant the claim against the property in the form of legal title and you grant a confessed judgment.
[01:11:48.900 --> 01:12:00.900]  The claim against the property allows the borrower, I'm sorry, allows the lender in case of default to sue the property directly.
[01:12:00.900 --> 01:12:17.900]  Rather than having to sue the lender, get a claim against the lender and then petition the court for judgment against the property so he can liquidate the property to, I'm sorry, get a judgment and then get a claim against the property so he can liquidate it and satisfy the judgment.
[01:12:17.900 --> 01:12:25.900]  The lender asks you to give him a claim directly against the property so you can do an in-rem suit directly against the property.
[01:12:25.900 --> 01:12:27.900]  That's just that one step.
[01:12:27.900 --> 01:12:42.900]  And this allows the lender to maintain control over the property so that as collateral, so you can't sell it, you can't sell portions of it, you have to maintain it, then he gives him some control over his collateral.
[01:12:42.900 --> 01:12:54.900]  In a non-judicial state, not only do you grant him a claim against the property, but you confess the judgment so he doesn't even have to go to court. Does that make sense?
[01:12:54.900 --> 01:12:59.900]  It does, unfortunately.
[01:12:59.900 --> 01:13:07.900]  Okay, so you filed a chapter BK and that stopped all, that put a stay on all attempts to collect.
[01:13:07.900 --> 01:13:13.900]  Right, that'll probably last for a week or two to probably get dismissed.
[01:13:13.900 --> 01:13:19.900]  Okay, do some checks in the county record. Have you pulled it?
[01:13:19.900 --> 01:13:21.900]  Yes, yes.
[01:13:21.900 --> 01:13:23.900]  Is there an assignment in there?
[01:13:23.900 --> 01:13:25.900]  Yes, by a...
[01:13:25.900 --> 01:13:32.900]  Was the assignment issued after default?
[01:13:32.900 --> 01:13:38.900]  Yeah, I'll...
[01:13:38.900 --> 01:13:43.900]  Do you have a notice of acceleration or a notice of default?
[01:13:43.900 --> 01:13:45.900]  Yes.
[01:13:45.900 --> 01:13:51.900]  Is the assignment dated after the notice of acceleration or default?
[01:13:51.900 --> 01:14:10.900]  The reason I'm asking this question, if the servicer or alleged holder received holder status while the property was in default, now he is a debt collector.
[01:14:10.900 --> 01:14:15.900]  Now he falls under FDCPA. Check that.
[01:14:15.900 --> 01:14:19.900]  Well, the mortgage servicer would automatically fall under FDCPA anyway.
[01:14:19.900 --> 01:14:22.900]  That's all they're doing is collecting a debt.
[01:14:22.900 --> 01:14:32.900]  Well, some of the courts, I don't know, we look at it that way, but some of the courts have ruled that he is merely attempting to recover collateral.
[01:14:32.900 --> 01:14:36.900]  So the circuits are split on that.
[01:14:36.900 --> 01:14:43.900]  But if he got that note after default, then he's definitely a debt collector.
[01:14:43.900 --> 01:14:44.900]  Yeah.
[01:14:44.900 --> 01:14:47.900]  Because he was not defaulted on.
[01:14:47.900 --> 01:14:49.900]  Right.
[01:14:49.900 --> 01:14:50.900]  Right.
[01:14:50.900 --> 01:14:57.900]  Check that. Also check, is your original lender still in business?
[01:14:57.900 --> 01:15:12.900]  And if he is, if he's not in still in business, did the original lender go out of business prior to an assignment by MERS as nominee for that original lender to a third party?
[01:15:12.900 --> 01:15:15.900]  Yes, by almost three years.
[01:15:15.900 --> 01:15:18.900]  And then here's the deal.
[01:15:18.900 --> 01:15:27.900]  The original lender, as a legal fiction, is in law considered to be a perpetrator.
[01:15:27.900 --> 01:15:29.900]  Okay, thank you.
[01:15:29.900 --> 01:15:31.900]  My tongue got tangled.
[01:15:31.900 --> 01:15:42.900]  A person under law for the purpose of bestowing certain rights on legal fictions, companies, LLCs, corporations.
[01:15:42.900 --> 01:15:45.900]  The person died.
[01:15:45.900 --> 01:15:46.900]  Right.
[01:15:46.900 --> 01:15:51.900]  And then MERS came along and did an assignment for a dead guy.
[01:15:51.900 --> 01:16:04.900]  So the question becomes, how did the dead guy direct the dead guy's agent to transfer the dead guy's claim and a property to a third party?
[01:16:04.900 --> 01:16:08.900]  Did they hold a seance?
[01:16:08.900 --> 01:16:17.900]  There was a decision by a court in New York, Judge Shack, who's taken a lot of heat, the Supreme Court in New York.
[01:16:17.900 --> 01:16:23.900]  And everybody should understand that in New York, the Supreme Court's one of the lower level courts.
[01:16:23.900 --> 01:16:27.900]  And he called them vampires.
[01:16:27.900 --> 01:16:33.900]  It's a vampire company because it came back from the dead.
[01:16:33.900 --> 01:16:40.900]  We just got a case out of Florida that said the same thing, MERS cannot transfer a scurry in there.
[01:16:40.900 --> 01:16:45.900]  They cannot do an assignment of the mortgage for companies that doesn't exist.
[01:16:45.900 --> 01:16:47.900]  Hang on, Randy Kelton.
[01:16:47.900 --> 01:16:48.900]  Please, kid more.
[01:16:48.900 --> 01:16:49.900]  We have a radio.
[01:16:49.900 --> 01:16:52.900]  I call it number 512-646-1984.
[01:16:52.900 --> 01:16:54.900]  We'll have the phones open all night.
[01:16:54.900 --> 01:16:56.900]  So give us a call.
[01:16:56.900 --> 01:17:00.900]  We'll be right back.
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[01:19:31.900 --> 01:19:45.900]  Here is a recommendation, but here's an idea.
[01:19:45.900 --> 01:19:57.900]  Since you have filed Chapter 7, the adverse party must proceed with attempts to collect.
[01:19:57.900 --> 01:20:04.900]  He must file a motion for relief of stay.
[01:20:04.900 --> 01:20:13.900]  What you can do is initiate an adversary process, or adversary proceeding,
[01:20:13.900 --> 01:20:20.900]  in which you challenge his right to relief of stay.
[01:20:20.900 --> 01:20:28.900]  Steve, we didn't ask him if he claimed the property is unsecured.
[01:20:28.900 --> 01:20:30.900]  Yes, good question.
[01:20:30.900 --> 01:20:38.900]  Did you claim the property is unsecured debt or secured debt on Schedule F?
[01:20:38.900 --> 01:20:44.900]  I did not claim any of that.
[01:20:44.900 --> 01:20:53.900]  If you've got to keep in mind in bankruptcy, what type of property are you talking about?
[01:20:53.900 --> 01:20:56.900]  Are you talking about secured or unsecured?
[01:20:56.900 --> 01:21:05.900]  The reason I'm saying this is that secured property goes back to the secured party,
[01:21:05.900 --> 01:21:15.900]  as where unsecured property can be written off in the bankruptcy, forgiven, if you will.
[01:21:15.900 --> 01:21:24.900]  It's very important that you go back and amend your schedules.
[01:21:24.900 --> 01:21:26.900]  When did you file this?
[01:21:26.900 --> 01:21:28.900]  Monday.
[01:21:28.900 --> 01:21:31.900]  You filed your BK7 Monday?
[01:21:31.900 --> 01:21:32.900]  Yes.
[01:21:32.900 --> 01:21:35.900]  Did you file your schedules with it?
[01:21:35.900 --> 01:21:36.900]  No.
[01:21:36.900 --> 01:21:40.900]  Okay, so then you haven't declared this yet.
[01:21:40.900 --> 01:21:41.900]  Right.
[01:21:41.900 --> 01:21:43.900]  Perfect.
[01:21:43.900 --> 01:21:45.900]  Perfect.
[01:21:45.900 --> 01:21:59.900]  When you get to Schedule F, you might consider listing your property as unsecured debt.
[01:21:59.900 --> 01:22:02.900]  You don't have to prove it right now.
[01:22:02.900 --> 01:22:04.900]  You'll have to prove it later.
[01:22:04.900 --> 01:22:06.900]  But you don't have to prove it right now.
[01:22:06.900 --> 01:22:09.900]  You just list it on Schedule F as unsecured.
[01:22:09.900 --> 01:22:16.900]  Now, what that does is it puts the other guy in the position of having to prove that it is secured.
[01:22:16.900 --> 01:22:19.900]  And that's where his argument is going to start to fly apart.
[01:22:19.900 --> 01:22:21.900]  Yeah, I wanted to comment here.
[01:22:21.900 --> 01:22:24.900]  You don't have to prove it's unsecured.
[01:22:24.900 --> 01:22:25.900]  Correct.
[01:22:25.900 --> 01:22:27.900]  All you have to do is claim it.
[01:22:27.900 --> 01:22:32.900]  They say they have a claim and you say, well...
[01:22:32.900 --> 01:22:33.900]  Prove it.
[01:22:33.900 --> 01:22:34.900]  Yeah, prove it.
[01:22:34.900 --> 01:22:36.900]  I challenge to claim.
[01:22:36.900 --> 01:22:41.900]  Now, in bankruptcy, I highly encourage you to...
[01:22:41.900 --> 01:22:44.900]  Well, let me pull it up.
[01:22:44.900 --> 01:22:53.900]  Bankruptcy rules of federal bankruptcy procedure, Rule 3001.
[01:22:53.900 --> 01:23:02.900]  Let me pull it up here, BK3001.
[01:23:02.900 --> 01:23:04.900]  Model 3001.
[01:23:04.900 --> 01:23:06.900]  I'm not coming up with it.
[01:23:06.900 --> 01:23:13.900]  Okay, in bankruptcy rules, let me just do this.
[01:23:13.900 --> 01:23:17.900]  PTCY.
[01:23:17.900 --> 01:23:18.900]  Yeah, bankruptcy.
[01:23:18.900 --> 01:23:19.900]  Here we go.
[01:23:19.900 --> 01:23:22.900]  Bankruptcy Rule 3001.
[01:23:22.900 --> 01:23:26.900]  All right.
[01:23:26.900 --> 01:23:30.900]  Federal rules of bankruptcy, Rule 3001.
[01:23:30.900 --> 01:23:34.900]  I'm reading this from Cornell University.
[01:23:34.900 --> 01:23:38.900]  Proof of claim.
[01:23:38.900 --> 01:23:39.900]  Okay.
[01:23:39.900 --> 01:23:41.900]  Proof of claim.
[01:23:41.900 --> 01:23:46.900]  They're claiming it is secured by mortgage.
[01:23:46.900 --> 01:23:52.900]  Your claiming is it is unsecured for whatever ambiguous reason doesn't matter.
[01:23:52.900 --> 01:23:59.900]  But whom execute, claim-based.
[01:23:59.900 --> 01:24:01.900]  I know I read it in here.
[01:24:01.900 --> 01:24:09.900]  If the holder of a claim fails to provide any information required by this subsection C,
[01:24:09.900 --> 01:24:16.900]  the court may, after notice and hearing, take either or both the following actions.
[01:24:16.900 --> 01:24:29.900]  One, preclude the holder from presenting the omitted information in any form as evidence in any contested matter
[01:24:29.900 --> 01:24:33.900]  or adversary proceeding in the case.
[01:24:33.900 --> 01:24:36.900]  Okay, there's your introduction to the adversary proceeding.
[01:24:36.900 --> 01:24:45.900]  Unless the court determines that the failure to substantially justify or is harmless,
[01:24:45.900 --> 01:24:55.900]  or to award the other appropriate relief, including reasonable expenses and attorney's fees caused by failure.
[01:24:55.900 --> 01:24:57.900]  Okay.
[01:24:57.900 --> 01:25:04.900]  When you claim that this is unsecured, the other guy has to prove you're wrong.
[01:25:04.900 --> 01:25:07.900]  You don't have to provide the proof.
[01:25:07.900 --> 01:25:09.900]  He does.
[01:25:09.900 --> 01:25:19.900]  And it's found his, the onus probandi or the burden of proof falls on him pursuant to rule 3001.
[01:25:19.900 --> 01:25:21.900]  Okay, read that whole rule.
[01:25:21.900 --> 01:25:23.900]  I just took a snippet out of it.
[01:25:23.900 --> 01:25:24.900]  Excuse me.
[01:25:24.900 --> 01:25:26.900]  It's a rather lengthy rule.
[01:25:26.900 --> 01:25:28.900]  But read the whole thing.
[01:25:28.900 --> 01:25:33.900]  This will outline what's got to take place.
[01:25:33.900 --> 01:25:35.900]  Okay.
[01:25:35.900 --> 01:25:47.900]  So when he fails to prove that it is secured property, the court can write it off.
[01:25:47.900 --> 01:25:49.900]  So that's gone.
[01:25:49.900 --> 01:25:59.900]  And most of the, most of the wins we've got, you know, the direct wins were in the bankruptcy court exactly this way.
[01:25:59.900 --> 01:26:01.900]  Yeah.
[01:26:01.900 --> 01:26:09.900]  Now, when your argument is going to be partly or in part what Randy's talking about,
[01:26:09.900 --> 01:26:16.900]  we could go down a rabbit hole with secured debt according to the UCC.
[01:26:16.900 --> 01:26:31.900]  And I highly recommend that you read 3-203 of the UCC.
[01:26:31.900 --> 01:26:33.900]  It's been so long since I've been through the...
[01:26:33.900 --> 01:26:35.900]  Yeah, 3-501.
[01:26:35.900 --> 01:26:37.900]  3-501.
[01:26:37.900 --> 01:26:39.900]  Read all of Article 3.
[01:26:39.900 --> 01:26:52.900]  Article 3 is the only statute in law that governs negotiable instruments.
[01:26:52.900 --> 01:26:59.900]  Keep in mind that they're using the security instrument to collect a debt as reflected by the negotiable instrument,
[01:26:59.900 --> 01:27:05.900]  the negotiable instrument being the note, security instrument in your state being a mortgage.
[01:27:05.900 --> 01:27:07.900]  Okay.
[01:27:07.900 --> 01:27:12.900]  So spend some time reading your statutes.
[01:27:12.900 --> 01:27:16.900]  You want to read Article 3 of the UCC.
[01:27:16.900 --> 01:27:22.900]  You want to read Rule 3001, proof of claim.
[01:27:22.900 --> 01:27:32.900]  And you want to brush up on what an adversary proceeding is and how to initiate one.
[01:27:32.900 --> 01:27:34.900]  Okay.
[01:27:34.900 --> 01:27:41.900]  An adversary proceeding would be like filing suit in the federal court.
[01:27:41.900 --> 01:27:43.900]  But if you're already in bankruptcy...
[01:27:43.900 --> 01:27:45.900]  BK is a federal court.
[01:27:45.900 --> 01:27:50.900]  Well, like in a regular, it's a special court.
[01:27:50.900 --> 01:27:55.900]  If you went to the district court and filed a civil action,
[01:27:55.900 --> 01:28:01.900]  you could take that civil action, or if you had a civil action, you could file in the federal court.
[01:28:01.900 --> 01:28:04.900]  But you're in bankruptcy.
[01:28:04.900 --> 01:28:10.900]  If the federal suit has to do with the property that's in the bankruptcy, now you can't go to the district court,
[01:28:10.900 --> 01:28:16.900]  you have to file that suit into the bankruptcy court as an adversarial proceeding.
[01:28:16.900 --> 01:28:19.900]  Because bankruptcies are not intended to be adversarial.
[01:28:19.900 --> 01:28:21.900]  They're intended to be administrative.
[01:28:21.900 --> 01:28:22.900]  Right.
[01:28:22.900 --> 01:28:26.900]  But if you have claims to adjudicate, then you file those into the bankruptcies.
[01:28:26.900 --> 01:28:30.900]  Does that make sense?
[01:28:30.900 --> 01:28:33.900]  Okay.
[01:28:33.900 --> 01:28:35.900]  You're taking notes.
[01:28:35.900 --> 01:28:39.900]  I take it your silence is because you're taking notes.
[01:28:39.900 --> 01:28:46.900]  Everything I say makes perfect sense to me.
[01:28:46.900 --> 01:28:48.900]  Sonny, you out there?
[01:28:48.900 --> 01:28:49.900]  Yes.
[01:28:49.900 --> 01:28:50.900]  There you are.
[01:28:50.900 --> 01:29:04.900]  I got a conventional quiet title suit that I've prepared to challenge the assignment.
[01:29:04.900 --> 01:29:18.900]  The problem with Georgia is that they've been ruling that the borrowers don't have the standing to challenge the contract between the other two parties.
[01:29:18.900 --> 01:29:21.900]  Okay, here's how you handle that.
[01:29:21.900 --> 01:29:29.900]  You get them, when you file the bankruptcy and claim the property is unsecured,
[01:29:29.900 --> 01:29:34.900]  they're going to come in and claim that it is secure and they're the holder.
[01:29:34.900 --> 01:29:38.900]  And you're going to object to their standing as holder,
[01:29:38.900 --> 01:29:44.900]  and they're going to try to prove up their holder status by filing that assignment into the record.
[01:29:44.900 --> 01:29:46.900]  Now you can attack that thing.
[01:29:46.900 --> 01:29:48.900]  Yes.
[01:29:48.900 --> 01:29:50.900]  Now hear the music in the background, folks.
[01:29:50.900 --> 01:29:54.900]  512-646-1984 is numbered a dial.
[01:29:54.900 --> 01:29:55.900]  Stay tuned.
[01:29:55.900 --> 01:29:56.900]  You're listening to Rural Law.
[01:29:56.900 --> 01:30:01.900]  We'll be right back.
[01:30:01.900 --> 01:30:05.900]  Stakes and stones may break my bones, but names will never hurt me.
[01:30:05.900 --> 01:30:07.900]  Whoever came up with that was sure wrong.
[01:30:07.900 --> 01:30:10.900]  I'm Dr. Katherine Albright, and I'll be back in a moment
[01:30:10.900 --> 01:30:15.900]  to explain how your first, middle, and last names can actually affect your mortality.
[01:30:15.900 --> 01:30:17.900]  Privacy is under attack.
[01:30:17.900 --> 01:30:20.900]  When you give up data about yourself, you'll never get it back again.
[01:30:20.900 --> 01:30:25.900]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.900 --> 01:30:30.900]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.900 --> 01:30:33.900]  Privacy, it's worth hanging on to.
[01:30:33.900 --> 01:30:36.900]  This public service announcement is brought to you by StartPage.com,
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[01:30:43.900 --> 01:30:48.900]  The initials of your name could significantly impact how long you live.
[01:30:48.900 --> 01:30:50.900]  According to a University of California study,
[01:30:50.900 --> 01:30:56.900]  positive initials like VIP or ACE could add more than four years to a man's life.
[01:30:56.900 --> 01:31:02.900]  Negative initials like PIG or DIE could shorten a man's life by two years.
[01:31:02.900 --> 01:31:05.900]  While women are less impacted by negative initials than men,
[01:31:05.900 --> 01:31:08.900]  positive initials can add three years to their lives.
[01:31:08.900 --> 01:31:12.900]  Researchers believe initials are powerful symbols that affect how people are treated
[01:31:12.900 --> 01:31:15.900]  and how they feel about themselves, and research supports it.
[01:31:15.900 --> 01:31:18.900]  Those with negative initials were more likely to commit suicide
[01:31:18.900 --> 01:31:21.900]  and die in accidents than those with positive initials.
[01:31:21.900 --> 01:31:23.900]  So name your kids well.
[01:31:23.900 --> 01:31:25.900]  I'm Dr. Catherine Albrecht.
[01:31:25.900 --> 01:31:29.900]  More news and information at CatherineAlbrecht.com.
[01:31:29.900 --> 01:31:35.900]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.900 --> 01:31:37.900]  The government says that fire brought it down.
[01:31:37.900 --> 01:31:42.900]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.900 --> 01:31:45.900]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.900 --> 01:31:48.900]  Thousands of my fellow first responders have died.
[01:31:48.900 --> 01:31:49.900]  I'm not a conspiracy theorist.
[01:31:49.900 --> 01:31:50.900]  I'm a structural engineer.
[01:31:50.900 --> 01:31:51.900]  I'm a New York City correction officer.
[01:31:51.900 --> 01:31:52.900]  I'm an Air Force pilot.
[01:31:52.900 --> 01:31:54.900]  I'm a father who lost his son.
[01:31:54.900 --> 01:31:57.900]  We are Americans, and we deserve the truth.
[01:31:57.900 --> 01:32:00.900]  Go to RememberBuilding7.org today.
[01:32:00.900 --> 01:32:04.900]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:04.900 --> 01:32:05.900]  Hey, listen to me!
[01:32:05.900 --> 01:32:06.900]  Who are you?
[01:32:06.900 --> 01:32:10.900]  I'm you years ago, when you felt healthy and young and everything worked on your body.
[01:32:10.900 --> 01:32:11.900]  Do you remember that?
[01:32:11.900 --> 01:32:12.900]  Yes.
[01:32:12.900 --> 01:32:13.900]  I wish I felt like that now.
[01:32:13.900 --> 01:32:18.900]  You can feel like that again with a new micro plant powder formulation called iodine now.
[01:32:18.900 --> 01:32:23.900]  It cleans the entire body from head to toe and feeds the body what it really needs.
[01:32:23.900 --> 01:32:27.900]  You'll be in a better mood and you'll find more drive in your romantic life.
[01:32:27.900 --> 01:32:28.900]  Really?
[01:32:28.900 --> 01:32:29.900]  I gotta try iodine now.
[01:32:29.900 --> 01:32:30.900]  It feels good again.
[01:32:30.900 --> 01:32:37.900]  It also protects you from radiation, heavy metals, fluoride, chlorine and bromine including cancer and most major diseases.
[01:32:37.900 --> 01:32:38.900]  You'll be amazed.
[01:32:38.900 --> 01:32:39.900]  You can be your own doctor.
[01:32:39.900 --> 01:32:42.900]  I want to keep you out of the hospital and on pharmaceuticals.
[01:32:42.900 --> 01:32:43.900]  Wow.
[01:32:43.900 --> 01:32:45.900]  Why are you so nice to me?
[01:32:45.900 --> 01:32:46.900]  Because I'm you.
[01:32:46.900 --> 01:33:11.900]  You're out of shape and I need a better looking future.
[01:33:11.900 --> 01:33:27.900]  Okay, we are back.
[01:33:27.900 --> 01:33:32.900]  Randy Kelton, Steve Kiddmore talking to Sonny in Georgia.
[01:33:32.900 --> 01:33:34.900]  Okay, we had one more.
[01:33:34.900 --> 01:33:36.900]  What was the other issue?
[01:33:36.900 --> 01:33:47.900]  Sonny, I wanted to let you know that when you are drafting, if you're drafting your own documents, that's good.
[01:33:47.900 --> 01:34:00.900]  But when you're drafting your documents in the BK court, keep in mind that the bankruptcy court is an improper venue for a quiet title claim.
[01:34:00.900 --> 01:34:06.900]  Quiet title claims fall under the original jurisdiction of the state.
[01:34:06.900 --> 01:34:16.900]  If there is diversity jurisdiction, then the federal court may have original jurisdiction over that claim.
[01:34:16.900 --> 01:34:24.900]  But the bankruptcy court lacks all jurisdiction over any kind of quiet title claims.
[01:34:24.900 --> 01:34:39.900]  So if you already have your quiet title action drafted, you can borrow from that to construct your adversary proceeding claim.
[01:34:39.900 --> 01:34:41.900]  Did that make sense?
[01:34:41.900 --> 01:34:43.900]  It does.
[01:34:43.900 --> 01:34:59.900]  I'm expecting to have to file this in the state court probably within the next month or two because I really expect for my bankruptcy to get dismissed probably in just a week or two.
[01:34:59.900 --> 01:35:01.900]  Not necessarily.
[01:35:01.900 --> 01:35:05.900]  How many other creditors do you have?
[01:35:05.900 --> 01:35:14.900]  There's some credit cards. I just don't think I'm going to be able to get all my information together.
[01:35:14.900 --> 01:35:16.900]  Put in what you got.
[01:35:16.900 --> 01:35:17.900]  Yeah.
[01:35:17.900 --> 01:35:21.900]  If it's not complete, if you don't put anything in, they'll toss it.
[01:35:21.900 --> 01:35:26.900]  But if you put some stuff in and they say, you know, they'll decide to come back, gripe, gripe, gripe, they don't have enough.
[01:35:26.900 --> 01:35:36.900]  And you'll say, yeah, I do, yeah, I do. And then, you know, you're backing forth and then the court will say, well, you got to get this other in. That'll buy you time.
[01:35:36.900 --> 01:35:42.900]  So don't let it, don't let it crash because you didn't get something in. Get something in complete.
[01:35:42.900 --> 01:35:44.900]  You can always demand.
[01:35:44.900 --> 01:35:50.900]  When Steve first come to me, he needed a suit. This is what, six years ago, Steve?
[01:35:50.900 --> 01:35:51.900]  Yeah.
[01:35:51.900 --> 01:35:56.900]  And I told him, I'm not ready yet. I'm still doing research. I don't have time for you to research.
[01:35:56.900 --> 01:36:00.900]  So I went on the internet and pulled a bunch of junk together and do it.
[01:36:00.900 --> 01:36:03.900]  Oh my God, you did that.
[01:36:03.900 --> 01:36:14.900]  And we filed it in the court. And the other side, after what, 30 days, they filed a motion to dismiss claiming your honor.
[01:36:14.900 --> 01:36:18.900]  This is a bunch of crap.
[01:36:18.900 --> 01:36:23.900]  And the judge, he looked at it for, you know, we filed an objection and that took a bunch of time.
[01:36:23.900 --> 01:36:27.900]  And the court come back and said, yeah, you're right. This is a bunch of crap.
[01:36:27.900 --> 01:36:31.900]  Filing them in and pleading. So we filed another one. Yeah, this was a bunch of crap.
[01:36:31.900 --> 01:36:34.900]  What was that? Six months before they got.
[01:36:34.900 --> 01:36:36.900]  So we got one to accept.
[01:36:36.900 --> 01:36:47.900]  So point is, don't miss a deadline because you don't have everything in place. Get something filed.
[01:36:47.900 --> 01:36:49.900]  Does that make sense?
[01:36:49.900 --> 01:36:51.900]  It does. It does.
[01:36:51.900 --> 01:37:07.900]  From just some of the things that I've read, at least as far as Georgia goes, the most of the courts just take the bank's documents and these claims that they're unsecured and they just dismiss them.
[01:37:07.900 --> 01:37:16.900]  Okay, don't let that bother you because everything depends on a lot of factors.
[01:37:16.900 --> 01:37:22.900]  If you just go in and challenge the document, they're going to claim you don't have a standing.
[01:37:22.900 --> 01:37:40.900]  But if the other is that document into the court and ask the court to rely on the validity of that document, now you have standing to challenge that document.
[01:37:40.900 --> 01:37:44.900]  I would encourage you to read a Texas case.
[01:37:44.900 --> 01:37:54.900]  Keep in mind, this is Texas, but the doctrines are applicable in all 50 states.
[01:37:54.900 --> 01:38:02.900]  I would encourage you to read a Texas case styled Miller versus Homecomings.
[01:38:02.900 --> 01:38:06.900]  Miller v. Homecomings.
[01:38:06.900 --> 01:38:10.900]  I'm proud to say that the guy I worked for prevailed on that case.
[01:38:10.900 --> 01:38:12.900]  He said, presidents.
[01:38:12.900 --> 01:38:17.900]  This is your right to challenge the assignments.
[01:38:17.900 --> 01:38:33.900]  In Miller v. Homecomings, the servicer of the foreclosing party said, oh, you're honored that they weren't a party to that transaction, so they have no right to challenge the assignments.
[01:38:33.900 --> 01:38:36.900]  Au contraire, Montfuaire.
[01:38:36.900 --> 01:38:40.900]  Yes, he does.
[01:38:40.900 --> 01:38:47.900]  You have every right to challenge those assignments because it affects your interest in the property.
[01:38:47.900 --> 01:39:00.900]  Yeah, I could understand if there was no foreclosure and somebody just came in and filed an assignment and there's no controversy.
[01:39:00.900 --> 01:39:14.900]  But where the bank is used or the claimant is using that document as standing to make a claim against your property, now you have a stake in that document.
[01:39:14.900 --> 01:39:16.900]  You bet.
[01:39:16.900 --> 01:39:37.900]  And while this case is not controlling in Georgia under the full faith and credit doctrine, the legislators trust the legislative legislatures of all other states.
[01:39:37.900 --> 01:39:49.900]  And where a legislature or a court in one state has addressed an issue that the legislature or court in another state has not addressed.
[01:39:49.900 --> 01:39:59.900]  That court tends to trust the thoroughness of the other court and will take this as advisory.
[01:39:59.900 --> 01:40:06.900]  It's not controlling if it was a Georgia appeals court decision, it would be controlling.
[01:40:06.900 --> 01:40:21.900]  So the other side of gripe that you're bringing it in here, but if you assert that you're bringing it in here as an advisory case, then they'll short circuit their griping and moaning.
[01:40:21.900 --> 01:40:24.900]  Here's a big plus.
[01:40:24.900 --> 01:40:30.900]  Miller v. Homecomings was in the Texas Southern District Court.
[01:40:30.900 --> 01:40:33.900]  It's federal.
[01:40:33.900 --> 01:40:38.900]  This was a federal court case.
[01:40:38.900 --> 01:40:44.900]  So it applies to all 50 states if you're in the federal venue.
[01:40:44.900 --> 01:40:48.900]  But if you're quiet, title action is in the state venue.
[01:40:48.900 --> 01:41:00.900]  Your state can take it upon an advisement, but I would encourage you to research the pleadings that can be found at justia.
[01:41:00.900 --> 01:41:05.900]  Just do a search for it, justia.com, Miller v. Homecomings.
[01:41:05.900 --> 01:41:07.900]  Just make the same argument.
[01:41:07.900 --> 01:41:08.900]  Read the pleadings.
[01:41:08.900 --> 01:41:10.900]  Take the time to read these pleadings.
[01:41:10.900 --> 01:41:13.900]  They're very, very strong.
[01:41:13.900 --> 01:41:18.900]  And you can pull up everything that was filed in the case there on Justia.
[01:41:18.900 --> 01:41:28.900]  But pay very close attention to Mr. Kelly's arguments and make the same argument.
[01:41:28.900 --> 01:41:32.900]  And if you do not win there, that's what your appellate court is for.
[01:41:32.900 --> 01:41:42.900]  Keep in mind, chances are you will not get any traction with your arguments at the trial court.
[01:41:42.900 --> 01:41:49.900]  The trial court is there simply as a place for you to leave a footprint on your way to the appellate court.
[01:41:49.900 --> 01:41:51.900]  That's where you're going to get traction.
[01:41:51.900 --> 01:41:59.900]  If you are not prepared to go the distance, why put up the fight?
[01:41:59.900 --> 01:42:10.900]  If you expect to prevail on this, you must be prepared to go the distance all the way to the Georgia Supreme Court.
[01:42:10.900 --> 01:42:14.900]  If you're not prepared for that, get boxes.
[01:42:14.900 --> 01:42:16.900]  Lots of them.
[01:42:16.900 --> 01:42:27.900]  Yes, and your only purpose in the trial court should be for the purpose of setting the record for people.
[01:42:27.900 --> 01:42:40.900]  If you expect to win in the trial court, you're setting yourself up to feel defeated and betrayed and make yourself miserable.
[01:42:40.900 --> 01:42:48.900]  If you go into the trial court with the opinion that I'm just setting the record, judge, you just do whatever you want to.
[01:42:48.900 --> 01:42:50.900]  I'm just laying the record.
[01:42:50.900 --> 01:42:58.900]  If I don't bring the issue in the trial court, I can't get it before the court of appeals.
[01:42:58.900 --> 01:43:06.900]  Be sure to make objections and restate your objections if your objections are overruled.
[01:43:06.900 --> 01:43:09.900]  You want your objections on the record as well.
[01:43:09.900 --> 01:43:14.900]  Then you might look online and get a book of objections.
[01:43:14.900 --> 01:43:17.900]  It'll show you all the objections you can bring.
[01:43:17.900 --> 01:43:20.900]  And as a matter of fact, do you have jurisdiction?
[01:43:20.900 --> 01:43:22.900]  I do.
[01:43:22.900 --> 01:43:28.900]  You do. Good man. Study it over and over and over.
[01:43:28.900 --> 01:43:34.900]  Yes, have you been through it twice?
[01:43:34.900 --> 01:43:37.900]  About four times.
[01:43:37.900 --> 01:43:40.900]  Good. You already should know this stuff.
[01:43:40.900 --> 01:43:41.900]  Yeah.
[01:43:41.900 --> 01:43:44.900]  We should be asking you questions crying out loud.
[01:43:44.900 --> 01:43:48.900]  And we might do that on the other side of this break.
[01:43:48.900 --> 01:43:53.900]  Hang on. We've got a number of callers, so we want to move along when we come back.
[01:43:53.900 --> 01:43:55.900]  Hang on. Go ahead Steve.
[01:43:55.900 --> 01:44:07.900]  We'll be right back. Stay tuned.
[01:44:25.900 --> 01:44:30.900]  I believe that puts most Americans at risk of catching stupidity, but there is hope.
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[01:47:15.900 --> 01:47:29.900]  If you're watching this channel right now, please pop this video up.
[01:47:29.900 --> 01:47:33.820]  Going after murderers, there's so many people who went after murderers, it seems like the
[01:47:33.820 --> 01:47:40.820]  banks have sent us after murderers because that's such a hard fight.
[01:47:40.820 --> 01:47:47.100]  I'm going to suggest that you look closely at the mortgage and if you're going to make
[01:47:47.100 --> 01:47:54.100]  a claim against murderers, make it in terms of a violation of a covenant of the mortgage
[01:47:54.100 --> 01:47:57.140]  document.
[01:47:57.140 --> 01:48:05.980]  You make the claim in terms of a contractual violation rather than going after murderers
[01:48:05.980 --> 01:48:06.980]  directly.
[01:48:06.980 --> 01:48:11.340]  That's the only thing we tend to go after murderers for right now is where murderers
[01:48:11.340 --> 01:48:16.100]  has made an assignment for a dead guy.
[01:48:16.100 --> 01:48:25.020]  You have that, so murderers is really irrelevant in its own right, only that it was claiming
[01:48:25.020 --> 01:48:32.740]  to be an agent for a dead guy, but at murderers itself, we don't get much traction making
[01:48:32.740 --> 01:48:41.100]  arguments against murderers, even though it's a mess, but we could spend, me and Steve could
[01:48:41.100 --> 01:48:47.140]  probably spend four or five hours raking murderers over the coals, but I don't think that'll
[01:48:47.140 --> 01:48:48.140]  get you very far.
[01:48:48.140 --> 01:48:55.140]  There's been a court that's determined that, I forget which court it was, that determined
[01:48:55.140 --> 01:48:59.020]  that Murray's business model was actually illegal, but that seems to matter not to the
[01:48:59.020 --> 01:49:01.900]  courts, to the rest of the courts.
[01:49:01.900 --> 01:49:11.580]  In Landmark v. Kessler out of Kansas, Murray's told the court that this requirement that
[01:49:11.580 --> 01:49:17.180]  any change in beneficial interest in the note be filed with the county recorder is archaic,
[01:49:17.180 --> 01:49:22.700]  costly, and cumbersome, so we come up with this whiz-bang business model, so we can avoid
[01:49:22.700 --> 01:49:31.180]  that, and the court agreed with them that the requirement was archaic, costly, and cumbersome.
[01:49:31.180 --> 01:49:41.420]  However, it is statutory and we have no power to change it, but still, the local courts
[01:49:41.420 --> 01:49:49.740]  are reluctant to give us a ruling on the validity of Murr's.
[01:49:49.740 --> 01:49:56.740]  You're asking the judge to give you a ruling that will change the world as he knows it.
[01:49:56.740 --> 01:49:58.740]  Judges don't like to do that.
[01:49:58.740 --> 01:50:03.740]  You also got to remember who it is that put Murr's together, it was all of the major
[01:50:03.740 --> 01:50:04.740]  leaders.
[01:50:04.740 --> 01:50:08.420]  Steve, we can barely understand you.
[01:50:08.420 --> 01:50:09.420]  Oh, okay.
[01:50:09.420 --> 01:50:13.300]  Have you got your head in the urinal?
[01:50:13.300 --> 01:50:17.420]  I know, it's actually in the toilet.
[01:50:17.420 --> 01:50:18.420]  Okay.
[01:50:18.420 --> 01:50:22.180]  We've been having a little issue with Steve's mic, we've been trying to get it sorted out.
[01:50:22.180 --> 01:50:24.620]  I might change my tone, right?
[01:50:24.620 --> 01:50:28.220]  But yeah, I would avoid distracting the court.
[01:50:28.220 --> 01:50:36.820]  The thing that we found a problem with is if you give the court an issue that they can
[01:50:36.820 --> 01:50:43.420]  rule against you on, they'll tend to rule against you on that issue and ignore the rest
[01:50:43.420 --> 01:50:46.620]  of them and just dismiss.
[01:50:46.620 --> 01:50:53.540]  So we want to give them issues that are really hard to rule against and the ones that are
[01:50:53.540 --> 01:51:00.540]  hardest to rule against are the straightforward ones and the ones that are not complex.
[01:51:00.540 --> 01:51:05.620]  And generally, contractual violations are pretty straightforward.
[01:51:05.620 --> 01:51:12.980]  Read Covenant 16, it may be 15 or 14, the severability and governing law statute.
[01:51:12.980 --> 01:51:20.780]  Covern on severability, and it will state, if it is a, am I coming through all right?
[01:51:20.780 --> 01:51:21.780]  Can you understand me?
[01:51:21.780 --> 01:51:22.780]  No, you're coming through terrible.
[01:51:22.780 --> 01:51:28.580]  Ah, well, I'm going to try to level through this, governing law.
[01:51:28.580 --> 01:51:34.220]  This security instrument shall be governed by federal laws and the laws of the jurisdiction
[01:51:34.220 --> 01:51:37.500]  in which the property is located.
[01:51:37.500 --> 01:51:45.460]  Violate one federal law, violate one state law, and you have violated that covenant of
[01:51:45.460 --> 01:51:49.180]  the deed of trust, thus nullifying it.
[01:51:49.180 --> 01:51:56.660]  Yes, ignore, do not make a claim under Hopi T. Larrespa.
[01:51:56.660 --> 01:52:01.740]  The Real Estate Seventh Procedures Act, Truth and Lending Act, Home Equity Protections Act.
[01:52:01.740 --> 01:52:09.060]  Those are consumer protection laws specifically designed to defraud you.
[01:52:09.060 --> 01:52:15.660]  The legislature huffs and puffs and postures and says, look at all the consumer protection
[01:52:15.660 --> 01:52:22.420]  laws we're putting in place for your benefit, and then they set the limitations on exercising
[01:52:22.420 --> 01:52:32.740]  the remedies contained in those consumer protection laws, so short as to make them worthless.
[01:52:32.740 --> 01:52:41.540]  However, the problem the lender has is that governing laws have a reliability clause, breach
[01:52:41.540 --> 01:52:49.860]  of contract, and both parties agreed to abide by all law, so you claim a violation of Hopi
[01:52:49.860 --> 01:52:56.780]  T. Larrespa, but you do not claim the remedy contained or provided by the legislature under
[01:52:56.780 --> 01:53:02.980]  Hopi T. Larrespa, you claim the violation as a breach of contract.
[01:53:02.980 --> 01:53:12.540]  Now keep in mind there's a quasi-trap in the claim of breach of contract, at least here
[01:53:12.540 --> 01:53:18.740]  in the state of Texas there is, because when I went to the statutes and looked at breach
[01:53:18.740 --> 01:53:22.660]  of contract, I read the essential elements.
[01:53:22.660 --> 01:53:29.340]  One of the essential elements I believe to be universal amongst fall 50 states is that
[01:53:29.340 --> 01:53:35.140]  there must first be a valid contract in place.
[01:53:35.140 --> 01:53:41.420]  That might seem like a trap, but you can use that trap to your benefit by claiming breach
[01:53:41.420 --> 01:53:43.000]  of contract.
[01:53:43.000 --> 01:53:53.300]  The other side has to admit to one of two things, either that the contract was not valid
[01:53:53.300 --> 01:53:57.940]  or if it were valid, then it was breached.
[01:53:57.940 --> 01:54:00.900]  It's one or the other.
[01:54:00.900 --> 01:54:01.900]  Take your pick.
[01:54:01.900 --> 01:54:06.100]  Either one destroys your case, Mr. Bankerman.
[01:54:06.100 --> 01:54:15.140]  We've given you enough homework for a month, I hope you can get through it in time, and
[01:54:15.140 --> 01:54:20.460]  if there's anything that you didn't take down in your notes, please keep in mind that this
[01:54:20.460 --> 01:54:21.820]  show is archived.
[01:54:21.820 --> 01:54:26.140]  Go back and listen and cover all these bases.
[01:54:26.140 --> 01:54:29.180]  Good luck and let us know how it works out.
[01:54:29.180 --> 01:54:31.620]  Thank you, guys.
[01:54:31.620 --> 01:54:32.620]  You're quite welcome.
[01:54:32.620 --> 01:54:36.340]  Now, we'll go to Walton, New York.
[01:54:36.340 --> 01:54:37.340]  Hello, Walt.
[01:54:37.340 --> 01:54:41.020]  How are you tonight and what do you have for us?
[01:54:41.020 --> 01:54:42.020]  That's two questions.
[01:54:42.020 --> 01:54:43.020]  Hi, Steve.
[01:54:43.020 --> 01:54:44.520]  It's the first time I ran you.
[01:54:44.520 --> 01:54:46.340]  I want to ask you about a situation.
[01:54:46.340 --> 01:54:54.420]  Say, for instance, one of us goes into a department store, goes to the shop and picks up the item
[01:54:54.420 --> 01:55:01.460]  you want to purchase, goes to the checkout clerk, pays for the item, gets the receipt.
[01:55:01.460 --> 01:55:04.300]  The item is your property and so is the receipt.
[01:55:04.300 --> 01:55:09.900]  The receipt can be, you could say it's private now, and you put it in your pocket.
[01:55:09.900 --> 01:55:14.380]  You start walking out the door and you get out to the sidewalk just outside the building,
[01:55:14.380 --> 01:55:16.620]  going into the parking area.
[01:55:16.620 --> 01:55:21.580]  Let's just say there's an employee there that works there and a police officer and they
[01:55:21.580 --> 01:55:27.940]  ask you, they say to you, did you purchase that item in your hand and you don't even
[01:55:27.940 --> 01:55:31.540]  know, I don't think you have to answer, but say, you'd say, yes, I did.
[01:55:31.540 --> 01:55:33.820]  They say, well, I want to see the receipt.
[01:55:33.820 --> 01:55:37.260]  Now, here's my question to you gentlemen.
[01:55:37.260 --> 01:55:43.900]  Based on your unhandled rights, if these two individuals did not see you from the time
[01:55:43.900 --> 01:55:49.900]  you picked up the item on the shelf to confront them, they did not see what happened in the
[01:55:49.900 --> 01:55:54.500]  store at all, how do they have a right to ask to pay your receipt and ask your private
[01:55:54.500 --> 01:55:59.460]  property now, that would be the violation of your Fourth Amendment rights.
[01:55:59.460 --> 01:56:07.020]  The question to ask is, what is the nature of the probable cause that you have to believe
[01:56:07.020 --> 01:56:09.380]  that I have committed a crime?
[01:56:09.380 --> 01:56:10.380]  Exactly.
[01:56:10.380 --> 01:56:13.860]  If they stutter, hit the road jack.
[01:56:13.860 --> 01:56:20.140]  Well, here's the thing, Randy, if they answer, no, I did not see you from the point that
[01:56:20.140 --> 01:56:25.540]  you picked up the item in the store to where they're standing, how could they even ask
[01:56:25.540 --> 01:56:28.820]  you if you did not pay for the item?
[01:56:28.820 --> 01:56:34.220]  They can ask you anything you want to.
[01:56:34.220 --> 01:56:38.420]  I can ask you, what color are your underwear?
[01:56:38.420 --> 01:56:40.620]  Do they have a hole in the front?
[01:56:40.620 --> 01:56:43.780]  I can ask you anything I want to.
[01:56:43.780 --> 01:56:48.500]  My next question is, what business is it of yours?
[01:56:48.500 --> 01:56:50.500]  Exactly.
[01:56:50.500 --> 01:56:56.460]  Well, how about if you just said this to them, though, did you see me from the point I picked
[01:56:56.460 --> 01:56:58.100]  up your item to the point where-
[01:56:58.100 --> 01:56:59.100]  Wrong, wrong, wrong.
[01:56:59.100 --> 01:57:02.620]  That's irrelevant, completely irrelevant.
[01:57:02.620 --> 01:57:06.820]  You are the master, they are the servant, you're the sovereign, you're the one with
[01:57:06.820 --> 01:57:13.020]  the rights, they're the ones interfering with your rights, why are you going on the defensive?
[01:57:13.020 --> 01:57:18.620]  Well, what I mean is all the receipt you have is private property, now they have no right
[01:57:18.620 --> 01:57:19.620]  to look at it.
[01:57:19.620 --> 01:57:24.740]  No, no, no, you're missing it, you're missing posture.
[01:57:24.740 --> 01:57:28.380]  Somebody comes up to me and asks me a question like that, Steve, what's the first question
[01:57:28.380 --> 01:57:30.900]  you asked?
[01:57:30.900 --> 01:57:33.660]  Who are you and why do you need to know?
[01:57:33.660 --> 01:57:36.140]  Exactly, who the heck are you?
[01:57:36.140 --> 01:57:38.740]  Well, they was damn an employee here.
[01:57:38.740 --> 01:57:42.140]  Okay, so get your ass to work.
[01:57:42.140 --> 01:57:49.020]  All right, can I ask you two gentlemen another two quick questions?
[01:57:49.020 --> 01:57:50.020]  Yes.
[01:57:50.020 --> 01:57:51.020]  Sure.
[01:57:51.020 --> 01:57:55.260]  Okay, if you've got someone snooping around your-
[01:57:55.260 --> 01:58:03.020]  Ah, hang on, hold that thought, we're coming up to the top of the hour break, Walton, New
[01:58:03.020 --> 01:58:08.260]  York if you would please, well, I guess I broke in here kind of prematurely, we've got
[01:58:08.260 --> 01:58:12.700]  42 seconds, can you get your question in and 40 seconds or less?
[01:58:12.700 --> 01:58:17.140]  So if you've got someone snooping around and you can get their license number, you don't
[01:58:17.140 --> 01:58:22.420]  want to call 911 because you may think they're part of it, how can you find out who owns
[01:58:22.420 --> 01:58:25.820]  that vehicle, snooping around your computer, where you live?
[01:58:25.820 --> 01:58:34.460]  You would have to contact a private investigator who would have some way of getting into your
[01:58:34.460 --> 01:58:37.500]  state database and pulling up ownership.
[01:58:37.500 --> 01:58:43.460]  Stay tuned there, Walt, I know you've got another question back there, 512-646-1984,
[01:58:43.460 --> 01:58:47.660]  we'll get you in line to ask a question, give a comment, stay tuned, you're listening
[01:58:47.660 --> 01:58:50.540]  to rule it already.
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[01:59:48.180 --> 01:59:50.180]  That's freestudybible.com.
[01:59:50.180 --> 02:00:04.180]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.