ROL_2015-01-16_16k_Hr1-2.timecode

[00:00.000 --> 00:07.880]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.880 --> 00:08.880]  at thelibertybeat.com.
[00:08.880 --> 00:13.840]  I'm Brian Hagan with your Liberty Beat for Friday, January 16th, 2015.
[00:13.840 --> 00:21.400]  Gold is trading at $1,262, silver at $17.05, and bitcoin is trading around $216.58.
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[00:55.600 --> 00:58.280]  security in a time of crisis.
[00:58.280 --> 01:03.120]  In the news, the location is New York, where it was revealed during day three of the Silk
[01:03.120 --> 01:07.880]  Road trial that Department of Homeland Security agent Jared Duryeagyan, at one point in his
[01:07.880 --> 01:13.280]  involvement in the Silk Road investigation, suspected disgraced Mt. Gox CEO Mark Carpeles
[01:13.280 --> 01:18.620]  and his right-hand man, Ashley Barr, of being the masterminds behind Silk Road.
[01:18.620 --> 01:23.000]  His suspicions led to his signing of an affidavit stating that he had probable cause to get
[01:23.000 --> 01:25.680]  a warrant to search Carpeles' emails.
[01:25.680 --> 01:30.080]  Duryeagyan also expressed frustration with a parallel Baltimore, Maryland investigation
[01:30.080 --> 01:35.000]  that seized money from Carpeles associated with alleged illegal money transfer business,
[01:35.000 --> 01:39.600]  tipping him off to the fact that there was a government investigation underway.
[01:39.600 --> 01:43.720]  It was also revealed that Carpeles' attorney told Maryland investigators he wanted to make
[01:43.720 --> 01:49.520]  a deal that he would say who he thought was behind Silk Road in exchange for immunity.
[01:49.520 --> 01:58.120]  Carpeles, in a statement to Motherboard, denied any involvement with the Deep Web website.
[01:58.120 --> 02:02.520]  A federal study released by the National Academy of Sciences has concluded that there is no
[02:02.520 --> 02:06.400]  effective alternative to the government's practice of mass data collection of digital
[02:06.400 --> 02:07.400]  communications.
[02:07.400 --> 02:12.080]  The report said no software-based technique can fully replace the bulk collection of signals
[02:12.080 --> 02:13.160]  intelligence.
[02:13.160 --> 02:17.320]  The authors call for limits on how the data is viewed and used, but not in limiting how
[02:17.320 --> 02:19.360]  much information is collected.
[02:19.360 --> 02:23.360]  Any committee behind the report said stopping or slowing data collection will deprive analysts
[02:23.360 --> 02:25.400]  of necessary information.
[02:25.400 --> 02:30.040]  Countering the report, the ACLU said supporting continued bulk data collection would be a
[02:30.040 --> 02:31.040]  mistake.
[02:31.040 --> 02:37.760]  Today's broadcast of The Liberty Beat is brought to you by WatchMyBit.com, the first ever micro-payment-based
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[02:49.640 --> 02:54.560]  This is The Liberty Beat for Friday, January 16, 2015.
[02:54.560 --> 03:22.720]  Check out the website at TheLibertyBeat.com.
[03:25.560 --> 03:26.560]  Yeah!
[03:26.560 --> 03:29.560]  Bad boys, bad boys, whatcha gonna do?
[03:29.560 --> 03:32.560]  Whatcha gonna do when they come for you?
[03:32.560 --> 03:35.560]  Bad boys, bad boys, whatcha gonna do?
[03:35.560 --> 03:38.560]  Whatcha gonna do when they come for you?
[03:38.560 --> 03:43.560]  When you were eight and you had bad traits, you'd go to school and learn the golden rule.
[03:43.560 --> 03:46.560]  So why are you acting like a bloody fool?
[03:46.560 --> 03:49.560]  If you get fucked then you must get crewed!
[03:49.560 --> 03:52.560]  Bad boys, bad boys, whatcha gonna do?
[03:52.560 --> 03:54.560]  When they come for you?
[03:54.560 --> 03:57.560]  Bad boys, bad boys, whatcha gonna do?
[03:57.560 --> 03:58.560]  Okay, howdy, howdy.
[03:58.560 --> 04:10.560]  This is Randy Kelton, Steve Skidmore, Rue of La Radio, on this 16th day of January 2015.
[04:10.560 --> 04:16.560]  And tonight I'm going to start out talking about something that I talked about last night,
[04:16.560 --> 04:19.560]  and it's disturbing.
[04:19.560 --> 04:23.560]  We expected Steve here, but he's going to be a little late.
[04:23.560 --> 04:28.560]  He had a subject he wanted to address, but since he's not here,
[04:28.560 --> 04:38.560]  I'm going to go back to talking about a problem with the Code of Criminal Procedure.
[04:38.560 --> 04:50.560]  Somehow we read the code and study it, but sometimes we don't read the whole thing after every legislature.
[04:50.560 --> 05:01.560]  And it's probably a good idea that we did so, because I found something very disturbing.
[05:01.560 --> 05:11.560]  Code 18.06, Code of Criminal Procedure, must take offender before magistrate,
[05:11.560 --> 05:14.560]  except as otherwise provided by this article.
[05:14.560 --> 05:19.560]  In each case enumerated in the code, the person making the arrest,
[05:19.560 --> 05:22.560]  or the person having custody of the person arrested,
[05:22.560 --> 05:27.560]  shall take the person arrested or have him taken without unnecessary delay,
[05:27.560 --> 05:34.560]  but not later than 48 hours after the person is arrested, before the nearest magistrate who may have ordered the arrest,
[05:34.560 --> 05:40.560]  before some magistrate of the county where the arrest was made without an order,
[05:40.560 --> 05:45.560]  or to provide more expeditiously to the person arrested,
[05:45.560 --> 05:52.560]  the warning described in Article 1517 of this code, before a magistrate in any other county of this state.
[05:52.560 --> 06:02.560]  Now, in order to more expeditiously provide the warnings,
[06:02.560 --> 06:09.560]  and provide to the person arrested the warnings described in Article 1517 of this code,
[06:09.560 --> 06:18.560]  that sentence fragment was, or that clause was added into the code.
[06:18.560 --> 06:24.560]  It used to say, must take them before a magistrate without delay.
[06:24.560 --> 06:30.560]  It didn't reference 1517, and in 07 they added another sentence.
[06:30.560 --> 06:42.560]  The magistrate shall immediately perform the duties described in Article 1517 of Code of Criminal Procedure.
[06:42.560 --> 06:47.560]  It used to require the magistrate to examine into the criminal accusation.
[06:47.560 --> 06:57.560]  It doesn't anymore, and this creates a very serious constitutional issue.
[06:57.560 --> 07:03.560]  Because of the code was reworded in this way,
[07:03.560 --> 07:15.560]  it renders 1406 not in paramateria with the rest of the code, not consistent with the rest of the code.
[07:15.560 --> 07:23.560]  The problem is that a magistrate only has three things he can do.
[07:23.560 --> 07:28.560]  He can marry people, and that's so he can make a few extra bucks.
[07:28.560 --> 07:33.560]  He can make it, he can hold an examining trial and set bail. That's it.
[07:33.560 --> 07:36.560]  That's all a magistrate does.
[07:36.560 --> 07:46.560]  Now, if we go to 1517, where it directs the magistrate to issue these warnings,
[07:46.560 --> 08:01.560]  what 1517 tells him, 1517 is a rather large paragraph, it's about a page and a half, one paragraph.
[08:01.560 --> 08:13.560]  If ever there was a statute that was intended to be misinterpreted, this is the one.
[08:13.560 --> 08:21.560]  The working it down outlined it into subparagraphs so that it's easier to understand.
[08:21.560 --> 08:29.560]  If you break this huge paragraph down into an outline and break it at every period,
[08:29.560 --> 08:33.560]  so that each sentence is set out, it reads somewhat different.
[08:33.560 --> 08:37.560]  In each case enumerated in this code, the person making the arrest,
[08:37.560 --> 08:41.560]  or the person having custody of the person arrested, shall without a necessary delay,
[08:41.560 --> 08:46.560]  but not later than 48 hours, after the person is arrested, take the person arrested,
[08:46.560 --> 08:50.560]  or have him taken before some magistrate of the county where they're accused.
[08:50.560 --> 08:54.560]  This all reads just like 1416 for this point.
[08:54.560 --> 09:00.560]  To provide more expeditiously to the person arrested, the warnings described by this article,
[09:00.560 --> 09:07.560]  before a magistrate in any other county of this state.
[09:07.560 --> 09:12.560]  The arrested person may be taken before the magistrate in person,
[09:12.560 --> 09:19.560]  or the image of the arrested person may be presented to the magistrate by means of electronic broadcast system.
[09:19.560 --> 09:24.560]  The magistrate shall inform in clear language the person arrested,
[09:24.560 --> 09:27.560]  either in person or through the electronic broadcast system,
[09:27.560 --> 09:33.560]  of the accusation against him and of any affidavit filed therewith,
[09:33.560 --> 09:37.560]  of his right to retain counsel, of his right to remain silent,
[09:37.560 --> 09:42.560]  of his right to have an attorney present during any interview with peace officers
[09:42.560 --> 09:47.560]  or attorneys representing the state, of his right to terminate the interview at any time,
[09:47.560 --> 09:53.560]  and of his right to have an examining trial.
[09:53.560 --> 09:55.560]  Problem.
[09:55.560 --> 10:00.560]  When a person is first brought before a magistrate,
[10:00.560 --> 10:05.560]  what is supposed to be done is an examining trial.
[10:05.560 --> 10:14.560]  So this paragraph directs the magistrate to advise the person of his right to an examining trial,
[10:14.560 --> 10:20.560]  while he is in the process of denying him and his right to an examining trial.
[10:20.560 --> 10:23.560]  If we go to Chapter 16.
[10:23.560 --> 10:31.560]  Chapter 16 is the chapter that defines how an examining trial will be held.
[10:31.560 --> 10:34.560]  Let me read 16.01.
[10:34.560 --> 10:39.560]  When the accused has been brought before a magistrate for an examining trial,
[10:39.560 --> 10:46.560]  that officer shall proceed to examine him to the truth of the accusation made.
[10:46.560 --> 10:48.560]  Okay, let me digress a second.
[10:48.560 --> 10:55.560]  Let me back up to Article 2.09, who are magistrates.
[10:55.560 --> 10:59.560]  Justices of the Supreme Court, judges of the Court of Criminal Appeals,
[10:59.560 --> 11:04.560]  appellate court judges, district judges, county judges,
[11:04.560 --> 11:13.560]  justices of the peace, and recorders and recorders have been interpreted to mean municipal court judges.
[11:13.560 --> 11:15.560]  And mayors are also magistrates.
[11:15.560 --> 11:16.560]  Okay.
[11:16.560 --> 11:23.560]  2.10 makes the duty of the magistrate to keep the peace in the county by all legal means.
[11:23.560 --> 11:29.560]  2.11, when a magistrate sits for the purpose of examining into a criminal accusation,
[11:29.560 --> 11:32.560]  that is an examining court.
[11:32.560 --> 11:36.560]  That refers to Chapter 16.
[11:36.560 --> 11:41.560]  So the first thing he must do when the accused has been brought before a magistrate
[11:41.560 --> 11:48.560]  for an examining trial, that officer shall proceed to examine him to the truth of the accusation made.
[11:48.560 --> 12:02.560]  This is kind of important because 15.17 goes on to authorize the magistrate as follows.
[12:02.560 --> 12:09.560]  The magistrate shall allow the person arrested reasonable time and opportunity to consult counsel,
[12:09.560 --> 12:16.560]  and shall, after determining whether the person is currently on bail for a separate criminal offense,
[12:16.560 --> 12:22.560]  admit the person arrested to bail if allowed by law.
[12:22.560 --> 12:24.560]  If allowed by law.
[12:24.560 --> 12:36.560]  Well, okay, if the only time that bail can be taken by a magistrate,
[12:36.560 --> 12:41.560]  Article 17.05, when bail is taken,
[12:41.560 --> 12:52.560]  a bail bond is entered into before a magistrate upon an examination of the criminal accusation.
[12:52.560 --> 12:55.560]  An examining trial.
[12:55.560 --> 13:00.560]  So under 15.17, he's required to give him all these warnings,
[13:00.560 --> 13:04.560]  one of which he has a right to an examining trial,
[13:04.560 --> 13:18.560]  and the other is that he's, it authorizes the magistrate to release the person on bail if allowed by law.
[13:18.560 --> 13:23.560]  Problem is the magistrate cannot set bail.
[13:23.560 --> 13:30.560]  He's not allowed by law to set bail until he's either had an examining trial,
[13:30.560 --> 13:38.560]  or the person has asked for a continuance in order to seek counsel,
[13:38.560 --> 13:48.560]  in which case he can set bail for the purpose of binding the individual over for an examining trial.
[13:48.560 --> 14:00.560]  Otherwise, the only time the magistrate can set bail is after an examining trial and after a determination of probable cause.
[14:00.560 --> 14:07.560]  What 15.17 was originally put in the Code 4,
[14:07.560 --> 14:16.560]  were certain circumstances where charges were not anticipated against the person arrested.
[14:16.560 --> 14:25.560]  The person can be arrested for a number of reasons for which charges are not anticipated.
[14:25.560 --> 14:30.560]  For instance, the person can be arrested on suspicion,
[14:30.560 --> 14:34.560]  can be arrested and held as a material witness,
[14:34.560 --> 14:38.560]  can be arrested and held in protective custody.
[14:38.560 --> 14:45.560]  In those cases, criminal charges are not anticipated.
[14:45.560 --> 14:54.560]  So there is no real opportunity for bail because they're necessarily being held.
[14:54.560 --> 15:00.560]  So bail is not allowed by law in these cases.
[15:00.560 --> 15:08.560]  And so the only thing for the magistrate to do is advise him of his rights
[15:08.560 --> 15:13.560]  and then hold him for whatever reason they're holding him.
[15:13.560 --> 15:19.560]  If the person has been arrested based on a criminal accusation,
[15:19.560 --> 15:22.560]  then he has an absolute right to an examining trial.
[15:22.560 --> 15:24.560]  And that's the first thing that's supposed to happen.
[15:24.560 --> 15:29.560]  All through the extensive case law,
[15:29.560 --> 15:40.560]  everything requires that a person arrested be brought before a magistrate for an examining trial.
[15:40.560 --> 15:49.560]  The problem with what has been changed is it leaves the court without subject matter jurisdiction.
[15:49.560 --> 15:52.560]  This is how it works in the Code.
[15:52.560 --> 16:02.560]  If a person makes a criminal accusation against another person and does so by affidavit,
[16:02.560 --> 16:07.560]  that affidavit, when presented to a magistrate,
[16:07.560 --> 16:19.560]  if you look in the Code, the only place you will ever see a criminal complaint directed is to some magistrate,
[16:19.560 --> 16:24.560]  not the police department, not the prosecutor, but always a magistrate.
[16:24.560 --> 16:27.560]  And the magistrate will hold an examining trial.
[16:27.560 --> 16:31.560]  And once the magistrate has found probable cause,
[16:31.560 --> 16:37.560]  only when he finds probable cause will he issue an order under 16.17,
[16:37.560 --> 16:41.560]  stating whether he bound the person for trial, released him in his liberty,
[16:41.560 --> 16:46.560]  set him to bail, or remanded him to the court, to the jail.
[16:46.560 --> 16:50.560]  Then he's to seal all those documents in an envelope,
[16:50.560 --> 16:52.560]  cause his name to be written across the seal of the envelope,
[16:52.560 --> 17:02.560]  and the court of jurisdiction will be right back.
[17:02.560 --> 17:04.560]  January is the time for new beginnings,
[17:04.560 --> 17:09.560]  a chance to sharpen our focus on what's important and recommit to ourselves and loved ones.
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[19:11.560 --> 19:40.560]  Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio,
[19:40.560 --> 19:45.560]  and I'm talking about the Code of Criminal Procedure and how it's supposed to work.
[19:45.560 --> 19:51.560]  The magistrate, the person is arrested and taken directly to the magistrate.
[19:51.560 --> 20:01.560]  The magistrate holds an examining trial, makes a determination of probable cause, and issues an order stating whether or not he found probable cause.
[20:01.560 --> 20:14.560]  Then 17.30, Code of Criminal Procedure, requires the magistrate, after he has made a determination of probable cause, to seal all documents had in the hearing,
[20:14.560 --> 20:22.560]  cause his name to be written across the sealing envelope, and forward it to the clerk of the court of jurisdiction.
[20:22.560 --> 20:29.560]  This is how jurisdiction gets from the magistrate to the trial court.
[20:29.560 --> 20:41.560]  Trial court has no jurisdiction, can have no jurisdiction, until a magistrate has made a determination of probable cause.
[20:41.560 --> 20:51.560]  But in Texas, because of these changes in the code, there never is a determination of probable cause.
[20:51.560 --> 21:04.560]  Tom DeLay was prosecuted by the Travis County District Attorney, and not only was there never a determination of probable cause,
[21:04.560 --> 21:10.560]  nobody ever even filed a complaint against Tom DeLay.
[21:10.560 --> 21:15.560]  You go down and check the record today, you won't find one in there.
[21:15.560 --> 21:30.560]  And I questioned the clerk as to how they could open a criminal file without a verified criminal affidavit by some credible person,
[21:30.560 --> 21:38.560]  and a determination of probable cause by way of an order under 16.17 Code of Criminal Procedure.
[21:38.560 --> 21:48.560]  And they looked at me like I just crawled out from under a rock. They had no idea what I was talking about.
[21:48.560 --> 21:58.560]  Let me read Gerstein Pugh. Gerstein Pugh is a real good case that addresses the requirement for a magistrate.
[21:58.560 --> 22:08.560]  Under Gerstein Pugh, maximum protection of individual rights, oh and by the way this is a federal case, maximum protections of individual rights
[22:08.560 --> 22:16.560]  could be assured by requiring a magistrate's review of the factual justification prior to any arrest.
[22:16.560 --> 22:23.560]  But such a requirement would constitute an intolerable handicap for legitimate law enforcement.
[22:23.560 --> 22:31.560]  In this case, while the court has expressed a preference for the use of arrest warrants when feasible,
[22:31.560 --> 22:42.560]  Beckley, Ohio, it has never invalidated an arrest supported by probable cause solely because the officers failed to secure a warrant.
[22:42.560 --> 22:53.560]  Under this practical compromise, a policeman's on scene assessment of probable cause provides legal justification for arresting a person suspected of crime
[22:53.560 --> 23:00.560]  and for a brief period of detention to take the administrative steps incident to arrest.
[23:00.560 --> 23:11.560]  Once the suspect is in custody, however, the reasons that justify dispensing with a magistrate's neutral judgment evaporate.
[23:11.560 --> 23:20.560]  There no longer is any danger that the suspect will escape or commit further crimes while the police submit their evidence to a magistrate.
[23:20.560 --> 23:31.560]  And while the state's reasons for taking summary action subside, the state's need for a neutral determination of probable cause increases significantly.
[23:31.560 --> 23:40.560]  The consequences of prolonged detention may be more serious than the interference occasioned by arrest.
[23:40.560 --> 23:49.560]  Pre-trial confinement may imperil the suspect's job, interrupt his source of income, and impair his family relationships.
[23:49.560 --> 23:57.560]  Even pre-trial release may be accompanied by burdensome conditions that affect a significant restraint of liberty.
[23:57.560 --> 24:04.560]  When the stakes are this high, the detached judgment of a neutral magistrate is essential
[24:04.560 --> 24:10.560]  if the Fourth Amendment is to furnish meaningful protection from unfounded interference with liberty.
[24:10.560 --> 24:21.560]  Accordingly, we hold that the Fourth Amendment requires a judicial determination of probable cause as a prerequisite to extended restraint of liberty following arrest.
[24:21.560 --> 24:39.560]  In Pew 420 U.S. 103, 1975 case, so it's relatively recent. In Texas, there never is a determination of probable cause.
[24:39.560 --> 24:55.560]  When I talk about the average conviction rate in Texas being at 99.6, it's a little surprised that it's at 99.6
[24:55.560 --> 25:14.560]  because currently, based on these obviously unconstitutional provisions, every person who's arrested will be subject to prosecution without consideration of probable cause.
[25:14.560 --> 25:29.560]  And once the prosecutor gets the case, you're going to take a deal because every step from arrest to trial is not only wrong,
[25:29.560 --> 25:42.560]  it is very specifically against particular law. And it's not just against particular law, it is against particular law for a very specific reason.
[25:42.560 --> 25:52.560]  Each step taken by the police officer, the jailers, the magistrate, the prosecutor, and the judges
[25:52.560 --> 26:02.560]  has been carefully crafted to force anyone accused of crime to take the deal the prosecutor offers
[26:02.560 --> 26:15.560]  because the risk of attempting to prove your innocence is far, far too great if you don't believe it, just talk to Mike Handel.
[26:15.560 --> 26:24.560]  He will tell you how many years he spent fighting to protect his rights over a classy misdemeanor.
[26:24.560 --> 26:40.560]  If you fight your case, the courts will go to outrageous lengths to ensure that you are severely punished so that you will never consider doing that again.
[26:40.560 --> 26:52.560]  They also set up your lawyer so that it is in your lawyer's best interest to coerce you into taking a deal.
[26:52.560 --> 27:11.560]  If you take court-appointed counsel, the court-appointed counsel's only job, according to some of our listeners, is to ensure that you lack reason for appeal.
[27:11.560 --> 27:17.560]  And generally when you get a lawyer, your rights really fall into the hands of the lawyer.
[27:17.560 --> 27:26.560]  The problem with that is the lawyer, when he comes before the court, is dangling by his bar card.
[27:26.560 --> 27:39.560]  And do you really think that any lawyer in his right professional mind is going to risk his professional career in order to pull a Perry Mason on your rights,
[27:39.560 --> 27:46.560]  to adequately adjudicate your rights if it runs any risk of upsetting the judge?
[27:46.560 --> 27:56.560]  Because the judge is in a position such that he can jerk that lawyer's bar card on a whim and the lawyer knows it.
[27:56.560 --> 28:03.560]  So he's not going to do anything to protect your rights if there's any chance the judge will be upset about it.
[28:03.560 --> 28:13.560]  My point is, if we are to have any rights, we're going to have to protect them, you and I.
[28:13.560 --> 28:20.560]  Because it is not in anybody's interest in the system to protect your rights.
[28:20.560 --> 28:29.560]  But then, with that said, it's not so difficult as it might appear.
[28:29.560 --> 28:36.560]  And we are working on something I'll go to when we come back on the other side.
[28:36.560 --> 28:43.560]  When we come back, I'm going to talk about how you can help to adjudicate your rights.
[28:43.560 --> 28:54.560]  And the first thing we want to do is, I would very much like to find some people who will help lobby for the legislative change.
[28:54.560 --> 29:07.560]  We want to take 14.01 and 14.06 and roll them back to the 1925 version.
[29:07.560 --> 29:14.560]  The 1925 version of the penal code was just fine the way it was.
[29:14.560 --> 29:25.560]  It had been very carefully crafted over a very long time, not just the time that the state of Texas had been a state.
[29:25.560 --> 29:31.560]  But this magistrate provision grew out of the Magna Carta in 1216.
[29:31.560 --> 29:39.560]  It's been a standard in English law and U.S. law since the 1200s and it's worked very well.
[29:39.560 --> 29:46.560]  We just changed it. We ruined everything. Now I need you guys and gals to help me fix it.
[29:46.560 --> 29:54.560]  Randy Kelton, Steve Skidmore, we love our radio. I call it number 512-646-1984.
[29:54.560 --> 30:16.560]  Call page is open, so give us a call. We'll be right back.
[30:16.560 --> 30:26.560]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.560 --> 30:31.560]  So protect your rights. Say no to surveillance and keep your information to yourself.
[30:31.560 --> 30:41.560]  Privacy, it's worth hanging on to. This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:41.560 --> 30:45.560]  Start over with StartPage.
[30:45.560 --> 30:53.560]  In this day of YouTube, you can't be too careful, or so thought Representative Steve Chabot when he faced angry protesters at a town hall meeting.
[30:53.560 --> 30:58.560]  He was so worried about looking bad online that he had his staff prescreen all questions.
[30:58.560 --> 31:03.560]  Many of signs put up prohibiting cameras, quote, for security purposes.
[31:03.560 --> 31:09.560]  Obediently, police confiscated cameras from two middle-aged constituents and forced them to leave the meeting.
[31:09.560 --> 31:19.560]  Of course, cameras only posed a, quote, security threat to Chabot's ego. Preventing the public from documenting government meetings has made Chabot look especially bad on the Internet.
[31:19.560 --> 31:23.560]  Too bad for him, his camera censorship plan backfired.
[31:23.560 --> 31:29.560]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:29.560 --> 31:49.560]  What are you thinking? Micro plant powder with iodine and probiotics for a total body detox for around $10 a month. If USA.org has 12 formulations of micro plant powder for absorbing and removing toxins from your kidney, liver, blood, lung, stomach, and colon, and feel better than ever, it alkalizes.
[31:49.560 --> 32:00.560]  Oxygen A kills parasites, does the job of tin products, that saves you space, time, and money. Call 888-910-4367 only at sqsa.org.
[32:00.560 --> 32:07.560]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar. In today's America, we live in an us-against-them society.
[32:07.560 --> 32:12.560]  And if we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:12.560 --> 32:19.560]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law.
[32:19.560 --> 32:25.560]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[32:25.560 --> 32:35.560]  Former Sheriff's Deputy, Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law.
[32:35.560 --> 32:50.560]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today. By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research documents, and other useful resource material.
[32:50.560 --> 33:03.560]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com. Order your copy today, and together we can have the free society we all want and deserve.
[33:03.560 --> 33:11.560]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:33.560 --> 33:57.560]  Okay, we are back.
[33:57.560 --> 34:05.560]  Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking about remedies.
[34:05.560 --> 34:12.560]  Texas is the biggest worst police state the world's ever seen, and nobody even knows.
[34:12.560 --> 34:28.560]  The United States contains approximately 3% of the world's population. We house approximately 50% of the world's population of inmates.
[34:28.560 --> 34:46.560]  Somebody's missing something. We're the worst police state the world's ever seen, and nobody even knows. And the far-right, ultra-conservative, for the most part, they trust the system.
[34:46.560 --> 34:59.560]  They wave the flag, salute, trust the government. The only reason they trust the legal system is because they have never been involved with it.
[34:59.560 --> 35:24.560]  Everyone who's been through the legal system, either with a criminal or civil case, is well aware of how corrupt it is. But for the most part, people feel overwhelmed by government and don't feel as though they as an individual in this mass of millions of people can have any effect on the government.
[35:24.560 --> 35:30.560]  I assure you, that is not true.
[35:30.560 --> 35:42.560]  Part of the reason an individual can have as much influence as they can is that, for the most part, people don't stand up and raise these issues to our legislators.
[35:42.560 --> 35:56.560]  I go down to Senate and House subcommittee hearings in a state of 25 million people, open to the public, and almost nobody shows up.
[35:56.560 --> 36:07.560]  The only people there, for the most part, are vested interests, mostly large corporations who are looking for special legislation that will serve their purpose and make them money.
[36:07.560 --> 36:19.560]  Public doesn't show up. And when individuals do show up, the legislators get to hear our voice.
[36:19.560 --> 36:26.560]  And I've been in there when people were climbing right down their throats.
[36:26.560 --> 36:44.560]  A few years ago, when a piece of legislation was before one of the subcommittees where they were trying to increase the level of punishment for a violation of 3903 official oppression,
[36:44.560 --> 36:56.560]  from a misdemeanor to a felony where there was bodily injury, Eddie Craig went down there and really crawled down their throats.
[36:56.560 --> 37:00.560]  And it was just a joy to behold.
[37:00.560 --> 37:06.560]  Now, I don't particularly like it when Eddie crawls down my throat.
[37:06.560 --> 37:14.560]  But I really like it when he crawls down the legislators' throats. And they really did not like it.
[37:14.560 --> 37:22.560]  All these legislators are sitting up there wiggling and squirming in their seats because he stood in front of them and told them,
[37:22.560 --> 37:37.560]  this prosecuting attorney came up before you and he told you that the only thing he could charge a police officer with who uses excessive force is Class A misdemeanor under 39.03.
[37:37.560 --> 37:45.560]  He pointed at the prosecutor who told them that and told them he was lying through his teeth,
[37:45.560 --> 37:53.560]  that in fact he could have and should have charged the officer with first degree felony aggravated assault.
[37:53.560 --> 38:01.560]  And the prosecutor was clearly in one of those positions where you see in the commercials, would you rather be somewhere else?
[38:01.560 --> 38:08.560]  He definitely wished he was somewhere else. And subsequently the legislation got passed.
[38:08.560 --> 38:18.560]  Now, we can't know in the end how much effect that tirade Eddie went on before the legislators, how much effect that had.
[38:18.560 --> 38:24.560]  But certainly it would have more effect in him not doing that.
[38:24.560 --> 38:32.560]  If we could fill these rooms with upset, angry voters, we will get these folks' attention,
[38:32.560 --> 38:40.560]  especially if we carefully craft what we're asking for.
[38:40.560 --> 38:50.560]  And what we want to ask for, what I'm suggesting, I'm building a white paper and I'll make that available online as soon as I get it finished,
[38:50.560 --> 39:02.560]  is 1401 Code of Criminal Procedure allows a police officer to arrest anyone for an on-site offense that is a breach of the peace.
[39:02.560 --> 39:18.560]  And then in 75, I believe, they added paragraph B that said that a police officer could arrest a person for any on-site offense.
[39:18.560 --> 39:27.560]  And 1403 lists specifically those offenses that a policeman can arrest someone on-site.
[39:27.560 --> 39:38.560]  And it's a breach of the peace and a couple others, but 1401B had the effect of nullifying 1403
[39:38.560 --> 39:47.560]  and making it so that a police officer could arrest you for anything he wants to.
[39:47.560 --> 39:56.560]  At his caprice, prior to that, he was restricted in those things he could actually make a physical arrest for without a warrant.
[39:56.560 --> 40:03.560]  He could issue a citation to you, and he's still authorized to issue citations.
[40:03.560 --> 40:12.560]  That's in Chapter 17, but they never, ever do that unless it's a traffic ticket where they're required to.
[40:12.560 --> 40:22.560]  In every other case, they will take you to jail as a matter of course, because that's the first step in setting you up to take a deal.
[40:22.560 --> 40:28.560]  They use the jail and the booking procedure to humiliate you and intimidate you.
[40:28.560 --> 40:34.560]  You don't ever want to go through that again, so you will make a deal to keep from having to go back to jail.
[40:34.560 --> 40:42.560]  If it's a ticket, you'll pay the ticket out of hand without trying to fight it because you don't want to have to go to jail and go through all that again.
[40:42.560 --> 40:50.560]  It is a deliberate ploy to convert the criminal justice system in Texas to an unauthorized tax.
[40:50.560 --> 40:54.560]  So the first thing we want to change is 14.01.
[40:54.560 --> 41:07.560]  Change that back to the way it was in 1925, where it simply authorized the police officer to arrest someone for an on-site offense or for a felony
[41:07.560 --> 41:15.560]  if he had reason to believe that a felony was committed, that a specific person committed the felony,
[41:15.560 --> 41:21.560]  and that there was risk that the person would escape without arrest, and he could arrest them.
[41:21.560 --> 41:35.560]  Change that back to 14.06 and change that back to 1925, where it required to take the person before a magistrate.
[41:35.560 --> 41:47.560]  And then we could go to 2.11, that stated when a magistrate set for the purpose of examining into a criminal accusation, that's an examining court.
[41:47.560 --> 41:52.560]  And then we go to chapter 16, which tells him all the things he's to do in an examining court.
[41:52.560 --> 42:01.560]  The way the statute is now, we have a whole chapter that is essentially bypassed in due process.
[42:01.560 --> 42:06.560]  I mean, the probable cause is never determined.
[42:06.560 --> 42:09.560]  So it leaves every prosecution in jeopardy.
[42:09.560 --> 42:17.560]  And what we want to do is ask for these legislative changes in lieu of those legislative changes.
[42:17.560 --> 42:25.560]  If the legislature doesn't want to do it, you listen to Gerstein Pugh, that's the federal position,
[42:25.560 --> 42:37.560]  then the next step is a recosuit against the state of Texas itself for converting the criminal justice system into an unauthorized tax.
[42:37.560 --> 42:46.560]  And we ask the state to disgorge itself of those taxes and those fines and fees it collected in violation of due course of the laws.
[42:46.560 --> 42:49.560]  They're very unlikely to not want to go there.
[42:49.560 --> 42:57.560]  And we would rather get the legislation changed straight up, but we don't know if that's going to happen or not.
[42:57.560 --> 43:03.560]  If it doesn't, we can always put together a rather large recosuit.
[43:03.560 --> 43:12.560]  I have a couple of callers, but there's one more section I want to address in the next segment.
[43:12.560 --> 43:17.560]  And that's some changes concerning grand juries.
[43:17.560 --> 43:27.560]  When I say that you as an individual can change the system, this is where you could get it done.
[43:27.560 --> 43:36.560]  Our founders were wise indeed when they put grand juries in place, because they changed everything.
[43:36.560 --> 43:47.560]  And I have a few seemingly minor changes that I'm going to ask the legislators to make, the Code of Criminal Procedure.
[43:47.560 --> 43:53.560]  And while I'm asking for all of these, there's only one that I really need, and I'll tell you that when we get back.
[43:53.560 --> 44:02.560]  Randy Kelly, Denver Stevens, Denver Stevens, these kids more, we'll log, radio, we'll be right back.
[44:02.560 --> 44:06.560]  Hello, my name is Stuart Smith from naturespureorganics.com.
[44:06.560 --> 44:12.560]  And I would like to invite you to come by our store at 1904 Guadalupe Street Sweet D here in Austin, Texas,
[44:12.560 --> 44:18.560]  buying brave new books and taste things to see all our fantastic health and wellness products with your very own eyes.
[44:18.560 --> 44:22.560]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
[44:22.560 --> 44:26.560]  Take a peek at some of our other wonderful products, including our Australian Eme oil,
[44:26.560 --> 44:30.560]  lotion candles, olive oil, soaps, and colloidal silver and gold.
[44:30.560 --> 44:37.560]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.560 --> 44:42.560]  That's 512-264-4043, naturespureorganics.com.
[44:42.560 --> 45:00.560]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:00.560 --> 45:03.560]  Are you the plaintiff or defendant in a lawsuit?
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[45:39.560 --> 45:43.560]  and practices that control our American courts.
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[46:14.560 --> 46:24.560]  Whoa, whoa, whoa, yeah
[46:24.560 --> 46:29.560]  Always, I must be careful what I'm wishing for
[46:29.560 --> 46:34.560]  When I'm hungry, I like to know just what I'm fishing for
[46:34.560 --> 46:40.560]  I ain't asking for much, I ain't trying to be no blood
[46:40.560 --> 46:46.560]  I'm just here making my living, pushing buttons
[46:46.560 --> 46:52.560]  I give my message out to anyone in short and distance
[46:52.560 --> 46:58.560]  I vote for bravery and against slavery, showing resistance
[46:58.560 --> 47:01.560]  First I'm crawling, then I'm walking
[47:01.560 --> 47:07.560]  Okay, we are back. Randy Kelton, Steve Skidmore, Rule of Law Radio.
[47:07.560 --> 47:11.560]  I called in a call-in number. Forget the call-in number.
[47:11.560 --> 47:17.560]  We were talking about grand juries. We were going to go to grand juries.
[47:17.560 --> 47:25.560]  We really do have an extremely powerful tool, and that tool is the grand jury.
[47:25.560 --> 47:30.560]  Prosecuting attorneys are well aware of how powerful grand juries are.
[47:30.560 --> 47:38.560]  And as a result, they will do everything they can to keep you away from the grand jury.
[47:38.560 --> 47:43.560]  So, we need to do something about that.
[47:43.560 --> 47:51.560]  I'm in the process of setting up a routine to run on these guys
[47:51.560 --> 48:00.560]  and of also suggesting a number of changes to the statutory scheme.
[48:00.560 --> 48:03.560]  But they're really minor changes.
[48:03.560 --> 48:07.560]  Let's start out with why the grand jury is so powerful,
[48:07.560 --> 48:14.560]  especially as it goes to complaints against public officials.
[48:14.560 --> 48:17.560]  Article 2.01, Code of Criminal Procedure. Let me read that.
[48:17.560 --> 48:22.560]  This is duties of officers, and under Chapter 2,
[48:22.560 --> 48:29.560]  the first officer that is addressed under duties of officers is a prosecuting attorney.
[48:29.560 --> 48:32.560]  Duties of district attorneys.
[48:32.560 --> 48:39.560]  Each district attorney shall represent the state in all criminal cases in the district courts of his district
[48:39.560 --> 48:46.560]  and in appeals therefrom except in cases where he has been before his election and brought adversely.
[48:46.560 --> 48:52.560]  When any criminal proceeding is had before an examining court in his district
[48:52.560 --> 48:59.560]  or before a judge upon habeas corpus, and he is notified of the same,
[48:59.560 --> 49:06.560]  and it is at the time within the district he shall represent the state therein unless prevented by other official duties.
[49:06.560 --> 49:13.560]  It shall be the primary duty of all prosecuting attorneys, including any special prosecutors,
[49:13.560 --> 49:18.560]  not to convict, but to see that justice is done.
[49:18.560 --> 49:26.560]  They shall not suppress facts or seek witnesses capable of establishing the innocence of the accused.
[49:26.560 --> 49:32.560]  Well, that's nice high-minded rhetoric, but it really doesn't,
[49:32.560 --> 49:40.560]  that last portion about shall be the primary duty not to convict but ensure the justice is served,
[49:40.560 --> 49:43.560]  that doesn't really tell them to do anything.
[49:43.560 --> 49:54.560]  2.02 tells the prosecutor, the district attorney, which cases he will handle and which cases the county attorney will handle.
[49:54.560 --> 49:57.560]  2.03.
[49:57.560 --> 50:09.560]  2.03 is a special statute because what is in 2.03 is essentially in 2.04, 5, and 6.
[50:09.560 --> 50:19.560]  But 2.03 addresses specifically complaints against public officials,
[50:19.560 --> 50:28.560]  and that renders 2.03 a special statute exempted out from the standard due process.
[50:28.560 --> 50:33.560]  In 2.03, so it must be given special emphasis.
[50:33.560 --> 50:40.560]  It shall be the duty of the attorney representing the state to present by information to the court having jurisdiction
[50:40.560 --> 50:47.560]  any officer for neglect or failure of any duty enjoined upon such officer.
[50:47.560 --> 50:51.560]  When such neglect or failure can be represented by information,
[50:51.560 --> 51:01.560]  whenever it shall come to the knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer.
[51:01.560 --> 51:03.560]  Now, this is very clear.
[51:03.560 --> 51:09.560]  It shall be the duty.
[51:09.560 --> 51:10.560]  What was it?
[51:10.560 --> 51:16.560]  To present that there has been a neglect or failure.
[51:16.560 --> 51:18.560]  Fumble back up.
[51:18.560 --> 51:25.560]  It shall be the duty of the attorney representing the state to present by information.
[51:25.560 --> 51:34.560]  I'm trying to jump over the middle part so it makes sense.
[51:34.560 --> 51:37.560]  I'm screwing this all up.
[51:37.560 --> 51:43.560]  I thought I had this planned out where I could just zip right through it and make sense.
[51:43.560 --> 51:56.560]  He shall bring to the notice of the grand jury any act of violation of law or neglect or failure of duty upon the part of any officer when such violation,
[51:56.560 --> 52:00.560]  neglect or failure is not presented by information.
[52:00.560 --> 52:14.560]  When it's presented by information, when you go to 204, 205, 206, when a prosecutor is presented with a complaint and police officers,
[52:14.560 --> 52:24.560]  policing departments will present complaints to prosecutors, although there's nothing in law that directs him to do so.
[52:24.560 --> 52:34.560]  Everything in law directs a complaint to be presented to a magistrate, but prosecutors never like that idea.
[52:34.560 --> 52:40.560]  For the most part, the magistrates that receive complaints are laypersons.
[52:40.560 --> 52:44.560]  They're inferior court judges.
[52:44.560 --> 52:46.560]  JPs don't have to be lawyers.
[52:46.560 --> 52:49.560]  For the most part, they're not.
[52:49.560 --> 52:56.560]  The prosecutor feels like he should be the one to make these determinations because he's the one that has to prosecute.
[52:56.560 --> 53:04.560]  Our legislators considered that very closely and decided that was an extremely bad idea.
[53:04.560 --> 53:11.560]  We set up magistrates to make these determinations and not prosecuting attorneys.
[53:11.560 --> 53:20.560]  Then we made a special exception that in the case of a complaint against a public official,
[53:20.560 --> 53:26.560]  in a normal case when a prosecuting attorney is made known that a crime has been committed by way of a criminal affidavit,
[53:26.560 --> 53:35.560]  the criminal affidavit is intended to be presented by a layperson, not a lawyer.
[53:35.560 --> 53:42.560]  In order to ensure that the complaint is legally sufficient,
[53:42.560 --> 53:49.560]  the prosecutor is required to take the layperson's complaint and reduce it to an information.
[53:49.560 --> 53:58.560]  An information looks just like a complaint, except the information was prepared by a lawyer to ensure that all the required elements are there.
[53:58.560 --> 54:00.560]  That's the only difference.
[54:00.560 --> 54:07.560]  If you want to know what a criminal complaint should look like, go look in a criminal case and pull the information.
[54:07.560 --> 54:15.560]  If you change complaint on it and you write it up just like the information, it will be just the way a complaint should be.
[54:15.560 --> 54:18.560]  So he's required to do that.
[54:18.560 --> 54:26.560]  But prosecutors have by the courts been given a certain amount of judicial discretion.
[54:26.560 --> 54:35.560]  It doesn't need to be in there because any time a prosecutor doesn't feel there's sufficient evidence to warrant a prosecution,
[54:35.560 --> 54:41.560]  he can petition the court to dismiss and the court will dismiss almost every time.
[54:41.560 --> 54:43.560]  So there is a procedure.
[54:43.560 --> 54:59.560]  But in order to promote judicial economy, the judges have allowed prosecutors to pretty well make their own determinations of probable cause.
[54:59.560 --> 55:10.560]  The prosecutors have been pushing for this forever and they finally got it because now they've got magistrates out of the loop so they don't do the probable cause determination.
[55:10.560 --> 55:21.560]  But in the matter of a public official, there is a separate statute for this purpose.
[55:21.560 --> 55:30.560]  And this statute ensures that the prosecutor is not to make a determination of probable cause.
[55:30.560 --> 55:35.560]  It says he shall present to the grand jury.
[55:35.560 --> 55:40.560]  Not may, might, or can if he wants to.
[55:40.560 --> 55:46.560]  So when a prosecutor is made known that a public official is violated, the law relate to his office.
[55:46.560 --> 55:50.560]  He has no discretion of any kind.
[55:50.560 --> 55:55.560]  This is one that prosecutors completely ignore.
[55:55.560 --> 55:59.560]  And the trick is to get them to follow it.
[55:59.560 --> 56:07.560]  And the way we get them to follow it is when a public official fails to perform a duty he's required to perform.
[56:07.560 --> 56:15.560]  And in the process to deny the citizen full free access to her enjoyment of right, well that's a crime in the state of Texas.
[56:15.560 --> 56:22.560]  So if we take a criminal complaint to a prosecuting attorney accusing a public official of violating the law relating to his office
[56:22.560 --> 56:31.560]  and the prosecuting attorney fails to present that complaint to the grand jury, that's class A misdemeanor in Texas.
[56:31.560 --> 56:40.560]  And from my perspective, that's also an act of shielding from prosecution violation of 3805 penal code.
[56:40.560 --> 56:56.560]  And if in the process prosecutor says anything to you that a reasonable person of ordinary prudence could construe as in any way threatening or intimidating,
[56:56.560 --> 57:06.560]  well that goes to witness tampering, 3605 penal code, and possibly obstruction of justice, 3606.
[57:06.560 --> 57:13.560]  And I suggest if you and I as private citizens start taking complaints to grand juries
[57:13.560 --> 57:21.560]  and give the prosecuting attorney an opportunity to interfere with you so that you can then come back to the grand jury
[57:21.560 --> 57:28.560]  with criminal charges against the district attorney, we will change things here in Texas.
[57:28.560 --> 57:40.560]  And I've got a couple of calls. I'll take those. If I've run out of calls, I want to go back especially to the grand jury issue.
[57:40.560 --> 57:50.560]  Because we have some changes. There's one particular change that I'm going to ask the legislature to make.
[57:50.560 --> 58:03.560]  And that change is in light of all of the distrust of prosecutors around the country and all of the demonstrations around the country,
[58:03.560 --> 58:21.560]  I'm going to suggest that the legislatures make an addendum to 20.09 requiring the grand jury to set aside time at each meeting to hear complaints by private citizens.
[58:21.560 --> 58:34.560]  20.09 requires the grand jury to investigate into all crimes subject to indictment that they are aware of or come to their knowledge
[58:34.560 --> 58:41.560]  by way of the prosecuting attorney or any credible person. We need to get credible persons in front of grand juries.
[58:41.560 --> 58:57.560]  If you would like to make more definite progress in your walk with God, Bibles for America is offering a free study Bible
[58:57.560 --> 59:05.560]  and a set of free Christian books that can really help. The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:05.560 --> 59:12.560]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:12.560 --> 59:17.560]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:17.560 --> 59:27.560]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
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[59:40.560 --> 01:00:02.560]  That's 888-551-0102 or visit us online at bfa.org. Live free speech radio, logosradionetwork.com.
[01:00:02.560 --> 01:00:09.560]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:09.560 --> 01:00:13.560]  I'm Brian Hagan with your Liberty Beat for Friday, January 16, 2015.
[01:00:13.560 --> 01:00:22.560]  Gold is trading at $1,262, silver to $17.05, and bitcoin is trading around $216.58.
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[01:00:30.560 --> 01:00:41.560]  Extreme weather, from droughts lasting for weeks and torrential rainstorms robbing the country of vital crops for food, to snowstorms of 70 inches plus, stopping cities in their tracks.
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[01:00:57.560 --> 01:01:03.560]  In the news, the location is New York, where it was revealed during day three of the Silk Road trial,
[01:01:03.560 --> 01:01:09.560]  that Department of Homeland Security agent Jared Duryagin, at one point in his involvement in the Silk Road investigation,
[01:01:09.560 --> 01:01:17.560]  suspected disgraced Mt. Gox CEO Mark Karbales and his right-hand man, Ashley Barr, of being the masterminds behind Silk Road.
[01:01:17.560 --> 01:01:24.560]  His suspicions led to his signing of an affidavit, stating that he had probable cause to get a warrant to search Karbales' emails.
[01:01:24.560 --> 01:01:31.560]  Duryagin also expressed frustration with a parallel Baltimore, Maryland investigation that seized money from Karbales,
[01:01:31.560 --> 01:01:38.560]  associated with alleged illegal money transfer business, tipping him off to the fact that there was a government investigation underway.
[01:01:38.560 --> 01:01:43.560]  It was also revealed that Karbales' attorney told Maryland investigators he wanted to make a deal,
[01:01:43.560 --> 01:01:48.560]  that he would say who he thought was behind Silk Road in exchange for immunity.
[01:01:48.560 --> 01:01:54.560]  Karbales, in a statement to Motherboard, denied any involvement with the Deep Web website.
[01:01:57.560 --> 01:02:03.560]  A federal study released by the National Academy of Sciences has concluded that there is no effective alternative
[01:02:03.560 --> 01:02:07.560]  to the government's practice of mass data collection of digital communications.
[01:02:07.560 --> 01:02:12.560]  The report said no software-based technique can fully replace the bulk collection of signals intelligence.
[01:02:12.560 --> 01:02:18.560]  The authors called for limits on how the data is viewed and used, but not in limiting how much information is collected.
[01:02:18.560 --> 01:02:24.560]  The committee behind the report said stopping or slowing data collection will deprive analysts of necessary information.
[01:02:24.560 --> 01:02:30.560]  Countering the report, the ACLU said supporting continued bulk data collection would be a mistake.
[01:02:30.560 --> 01:02:38.560]  Today's broadcast of The Liberty Week is brought to you by WatchMyBit.com, the first-ever micro-payment-based video service.
[01:02:38.560 --> 01:02:46.560]  If you're a content creator, visit WatchMyBit.com to learn how you can use Bitcoin to generate revenue for your art.
[01:02:46.560 --> 01:02:48.560]  That's WatchMyBit.com.
[01:02:48.560 --> 01:02:53.560]  This is The Liberty Beat for Friday, January 16, 2015.
[01:02:53.560 --> 01:03:08.560]  Check out the website at TheLibertyBeat.com.
[01:03:23.560 --> 01:03:33.560]  Okay, we are back.
[01:03:33.560 --> 01:03:38.560]  Randy Felton and Steve Skidmore, we were on radio and we're talking about grand juries.
[01:03:38.560 --> 01:03:46.560]  I have a couple callers, so I'm going to take the callers first and then we'll go back to the grand jury issue if we have time.
[01:03:46.560 --> 01:03:57.560]  But we have a legislative session in, and I'm hoping by next week that I'll have this white paper finished and I'll post it online.
[01:03:57.560 --> 01:04:04.560]  And I would very much like some of the folks in Texas to pull this and look at it.
[01:04:04.560 --> 01:04:12.560]  And in every state, for the most part, grand juries are very similar in all the states.
[01:04:12.560 --> 01:04:22.560]  And look at these and compare our Texas statutes to the statute in your state and see if we can't get some leverage.
[01:04:22.560 --> 01:04:31.560]  The routines I run on them are pretty much the same as I would do in any state where we go in and try to,
[01:04:31.560 --> 01:04:35.560]  and ask a public official to do something they're required to do.
[01:04:35.560 --> 01:04:40.560]  And then when they fail to do it, we start filing criminal complaints.
[01:04:40.560 --> 01:04:50.560]  And the best ones to file are the most minuscule, but the most highly focused.
[01:04:50.560 --> 01:05:01.560]  I was talking on the break to the producer and I've told the story of asking the judge to turn the sound up in a chord and he refused.
[01:05:01.560 --> 01:05:07.560]  That's one of the cases I'm going to take to a grand jury.
[01:05:07.560 --> 01:05:12.560]  I set him up for that. I asked him to turn the sound up and he wouldn't.
[01:05:12.560 --> 01:05:19.560]  So I'm charging him with failure to provide accommodation under the Americans with Disabilities Act.
[01:05:19.560 --> 01:05:24.560]  When I asked the bailiff to arrest the judge for not turning up the sound system,
[01:05:24.560 --> 01:05:31.560]  he said, well, Mr. Kelton, why didn't you tell the judge about the Americans with Disabilities Act?
[01:05:31.560 --> 01:05:34.560]  Heck, if I'd done that, he might have turned the sound up.
[01:05:34.560 --> 01:05:43.560]  And the bailiff stood there a minute and a grin slowly come across his face and he said, well, you set him up.
[01:05:43.560 --> 01:05:45.560]  Yeah, as a matter of fact, that did.
[01:05:45.560 --> 01:05:51.560]  That is the best one for me to take to a grand jury.
[01:05:51.560 --> 01:06:03.560]  Because the judge, sitting up there on the bench, just being arrogant and petulant, he forgot he was a public servant.
[01:06:03.560 --> 01:06:08.560]  He was the servant. I was the master.
[01:06:08.560 --> 01:06:12.560]  And he thought it was the other way around.
[01:06:12.560 --> 01:06:23.560]  So let's see how his petulance plays in front of a grand jury of my peers, not his peers.
[01:06:23.560 --> 01:06:33.560]  If you and I start filing against our public officials every time they step across one of our legal lines,
[01:06:33.560 --> 01:06:37.560]  we will achieve a position such that every judge in the country,
[01:06:37.560 --> 01:06:43.560]  when he steps behind the bench and looks out across the bar at the gallery, he'll be wondering which one,
[01:06:43.560 --> 01:06:51.560]  which one of those chumps out there are waiting for me to render a ruling or do something so he can run down, try to get me arrested.
[01:06:51.560 --> 01:07:00.560]  Ninety percent, at least, of the problems that we're having will simply go away.
[01:07:00.560 --> 01:07:02.560]  That's my story and I'm sticking to it.
[01:07:02.560 --> 01:07:06.560]  We're going to Bob, Rob in California.
[01:07:06.560 --> 01:07:08.560]  Hello, Rob.
[01:07:08.560 --> 01:07:12.560]  Hey, Randy. This is Rob in New Mexico, but I'm in California right now.
[01:07:12.560 --> 01:07:15.560]  Yeah, I was going to accuse you of having a New Mexico accident.
[01:07:15.560 --> 01:07:19.560]  Actually, I'm going to accuse you of having a truck driver accident.
[01:07:19.560 --> 01:07:21.560]  There you go.
[01:07:21.560 --> 01:07:24.560]  I was on topic, but I'm not.
[01:07:24.560 --> 01:07:30.560]  I've got a really stupid respitella question for you.
[01:07:30.560 --> 01:07:36.560]  I like stupid questions, because that way I can give stupid answers.
[01:07:36.560 --> 01:07:45.560]  Right. Well, I'm on a five-year real estate contract and I've got a fixed payment.
[01:07:45.560 --> 01:07:51.560]  How do I calculate the damages from the fraudulent charges at closing?
[01:07:51.560 --> 01:07:54.560]  Okay, that is not a stupid question.
[01:07:54.560 --> 01:07:57.560]  That's a great question.
[01:07:57.560 --> 01:08:11.560]  What you do is go online and find an amortizing tool that will do an amortization in a spreadsheet
[01:08:11.560 --> 01:08:17.560]  so that it shows each payment how much principal and interest you pay and how much equity you have,
[01:08:17.560 --> 01:08:23.560]  how much principal you've paid down, and it calculates that.
[01:08:23.560 --> 01:08:31.560]  Then take the number from line 1400 of the HUD-1 settlement statement.
[01:08:31.560 --> 01:08:36.560]  There's two columns there, one paid by seller, one paid by buyer.
[01:08:36.560 --> 01:08:39.560]  Well, horse manure.
[01:08:39.560 --> 01:08:42.560]  Everything is paid by the buyer.
[01:08:42.560 --> 01:08:46.560]  Everything the seller pays, he adds to the principal.
[01:08:46.560 --> 01:08:54.560]  So you take all of those fees, you sum up both columns, subtract that,
[01:08:54.560 --> 01:09:01.560]  set up your amortization just like it says, put in your principal, put in your interest, put in your term,
[01:09:01.560 --> 01:09:06.560]  and it will calculate a payment based on that,
[01:09:06.560 --> 01:09:14.560]  and then do the amortization and show you each payment, how much is interest, how much is principal.
[01:09:14.560 --> 01:09:22.560]  First payment, you subtract the amount from the HUD-1 settlement statement as an overpayment,
[01:09:22.560 --> 01:09:27.560]  and that decreases the principal.
[01:09:27.560 --> 01:09:32.560]  So it decreases the amount of interest that should be charged.
[01:09:32.560 --> 01:09:41.560]  See, they do the calculation based on this month you're going to have so much interest added to the principal,
[01:09:41.560 --> 01:09:45.560]  then your payment decreases the interest, decreases the principal.
[01:09:45.560 --> 01:09:50.560]  So next week, next month, the interest amount will be less,
[01:09:50.560 --> 01:10:00.560]  and they calculate the amount so that as this trickles down by the time you get to 360th payment, they'll zero out.
[01:10:00.560 --> 01:10:08.560]  Well, when you take that HUD-1 settlement statement amount off the first payment,
[01:10:08.560 --> 01:10:11.560]  you're going to find that thing running to zero a lot faster than you expect.
[01:10:11.560 --> 01:10:15.560]  Steve Skidmore was the first one I ever did that with.
[01:10:15.560 --> 01:10:20.560]  He had a $116,000 note at 6%.
[01:10:20.560 --> 01:10:26.560]  He had $12,000 on the HUD-1 settlement statement.
[01:10:26.560 --> 01:10:36.560]  His principal zeroed out at payment 240 of 360 payments.
[01:10:36.560 --> 01:10:48.560]  $12,000 off a $116,000 note cut the amount he paid, the overall amount he would have had to pay by one third.
[01:10:48.560 --> 01:10:58.560]  Now, that's not one third of the principal, but one third of what he would have had to pay.
[01:10:58.560 --> 01:11:06.560]  You'll pay about three times the principal over the life of the note, three to four times, depending on your interest rate.
[01:11:06.560 --> 01:11:19.560]  In Steve's case, in 360 payments, he would have overpaid the note $50,000 in change.
[01:11:19.560 --> 01:11:24.560]  On a $116,000 note, he had overpaid the note $50,000.
[01:11:24.560 --> 01:11:27.560]  Does that make sense, Rob?
[01:11:27.560 --> 01:11:29.560]  Yeah, no, it does.
[01:11:29.560 --> 01:11:33.560]  I guess my question is, how do I figure the five years?
[01:11:33.560 --> 01:11:37.560]  I'm going to have a balloon payment at the end of the five years.
[01:11:37.560 --> 01:11:45.560]  What will happen is you just go down to payment 60.
[01:11:45.560 --> 01:11:53.560]  If you get an amortization that does it in a spreadsheet, you just go down five years, payment 60.
[01:11:53.560 --> 01:11:56.560]  That will tell you what principal and interest is.
[01:11:56.560 --> 01:11:59.560]  Excellent. Okay.
[01:11:59.560 --> 01:12:17.560]  However, if you're going to do that calculation, you should sue the lender or at least file a qualified written request,
[01:12:17.560 --> 01:12:26.560]  stating that you found what appear to be improper fees added to the original principal.
[01:12:26.560 --> 01:12:30.560]  A qualified written request.
[01:12:30.560 --> 01:12:40.560]  What makes it a qualified written request is the claim of an accounting error and a request that it be corrected.
[01:12:40.560 --> 01:12:51.560]  So your accounting error includes all of the fees added to the principal on the Hudman Settlement Statement.
[01:12:51.560 --> 01:12:56.560]  And you ask the lender to prove them up.
[01:12:56.560 --> 01:13:01.560]  So that will give you a qualified written request and it invokes the code.
[01:13:01.560 --> 01:13:10.560]  If you just send them a qualified written request and then ask for a whole bunch of production, that's not a qualified written request.
[01:13:10.560 --> 01:13:16.560]  You must state an accounting error and request that it be corrected.
[01:13:16.560 --> 01:13:21.560]  But when you file the qualified written request, also do a debt validation.
[01:13:21.560 --> 01:13:25.560]  Include a demand that they validate the debt and dispute all the debt.
[01:13:25.560 --> 01:13:28.560]  So that gives you qualified written request and debt validation.
[01:13:28.560 --> 01:13:42.560]  And also in the same letter, you could request that the lender make the original note available for inspection under UCC 3-501.
[01:13:42.560 --> 01:13:46.560]  So you do all of those together.
[01:13:46.560 --> 01:13:56.560]  If they fail on the debt validation or the UCC 3-501, you can cease all payment without dishonor.
[01:13:56.560 --> 01:13:59.560]  That leads to my second question.
[01:13:59.560 --> 01:14:09.560]  I already sent the servicer request to explain what was being done with the insurance charges and the insurance escrow.
[01:14:09.560 --> 01:14:12.560]  Would that count as a qualified written request?
[01:14:12.560 --> 01:14:14.560]  Yes, it would.
[01:14:14.560 --> 01:14:16.560]  Awesome.
[01:14:16.560 --> 01:14:18.560]  Well, maybe.
[01:14:18.560 --> 01:14:27.560]  Did you assert that the amounts charged were in error and ask them to correct them?
[01:14:27.560 --> 01:14:37.560]  Yeah, there was no insurance on the property and I asked them what was being done with my money, where it was, how much it was.
[01:14:37.560 --> 01:14:41.560]  Perfect. That's a qualified written request.
[01:14:41.560 --> 01:14:45.560]  You don't have to call it a qualified written request.
[01:14:45.560 --> 01:14:50.560]  If I've made any payments since then, does that affect anything?
[01:14:50.560 --> 01:14:51.560]  No.
[01:14:51.560 --> 01:14:55.560]  I mean, you can make payments, but you can also stop making payments.
[01:14:55.560 --> 01:14:58.560]  I never suggested people do that.
[01:14:58.560 --> 01:15:06.560]  But technically, like if you're going into, say you lose a job and all of a sudden you can't make payments,
[01:15:06.560 --> 01:15:08.560]  get a qualified written request in there.
[01:15:08.560 --> 01:15:14.560]  Get a debt validation letter and a UCC 3-501 letter in there.
[01:15:14.560 --> 01:15:31.560]  Now when they come back and complain, you can counter with you are statutorily stopped from demanding payment until you abide by all relevant law as required by Covenant 16, a security instrument,
[01:15:31.560 --> 01:15:39.560]  and as authorized by the UCC, Fair Debt Collections Practices Act, Real Estate Settlement Procedures Act.
[01:15:39.560 --> 01:15:56.560]  Fair Debt Collection Practices Act Debt Validation Letter, Uniform Commercial Code, UCC 3-501, Qualified Written Request, the Real Estate Settlement Procedures Act.
[01:15:56.560 --> 01:15:57.560]  Okay.
[01:15:57.560 --> 01:16:00.560]  Does that kind of answer your question?
[01:16:00.560 --> 01:16:03.560]  Yeah. Final question real quick.
[01:16:03.560 --> 01:16:12.560]  They disclosed at the time of purchase that there was new paint, new carpet, and that there was lead paint under the old paint.
[01:16:12.560 --> 01:16:19.560]  They did not disclose anything else, and we purchased the house as is.
[01:16:19.560 --> 01:16:34.560]  We subsequently found out that the water heater and gas heater were not up to code and that there was actually an accumulation of gas that could have caused an explosion.
[01:16:34.560 --> 01:16:41.560]  Did the bank pay someone to do an inspection?
[01:16:41.560 --> 01:16:45.560]  Not yet. It's a seller-owner finance.
[01:16:45.560 --> 01:16:50.560]  Okay. Hang on. Oh, okay. Seller finance. That's a whole different animal.
[01:16:50.560 --> 01:16:55.560]  Hang on. Randy Kelton, Steve Skidmore, Rue of La Radio.
[01:16:55.560 --> 01:17:02.560]  Too late for a college number. We'll be right back.
[01:17:02.560 --> 01:17:09.560]  January is the time for new beginnings, a chance to sharpen our focus on what's important and recommit to ourselves and loved ones.
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[01:19:24.560 --> 01:19:39.560]  Okay, okay, we are back, Randy Kelton, Steve Skidmore, Wheelbar Radio.
[01:19:39.560 --> 01:19:42.560]  Steve Skidmore is in the building.
[01:19:42.560 --> 01:19:46.560]  We're just having a little trouble bringing him up on the Skype machine.
[01:19:46.560 --> 01:19:51.560]  He seems to be having some hiccups today, but we should have Steve up here shortly.
[01:19:51.560 --> 01:19:54.560]  And we're talking to Rob in California.
[01:19:54.560 --> 01:19:59.560]  Okay, Rob, where were we when they...
[01:19:59.560 --> 01:20:13.560]  We were talking about defections of property purchased as is and if the disclosures that they made would constitute grounds for fraud by non-disclosure for the disclosures they give.
[01:20:13.560 --> 01:20:18.560]  Okay, was this property, you said this property was a sale by owner?
[01:20:18.560 --> 01:20:20.560]  Mm-hmm.
[01:20:20.560 --> 01:20:24.560]  None of the consumer protection laws apply.
[01:20:24.560 --> 01:20:26.560]  None of them?
[01:20:26.560 --> 01:20:28.560]  None of them.
[01:20:28.560 --> 01:20:30.560]  Okay.
[01:20:30.560 --> 01:20:33.560]  Now, UCC applies.
[01:20:33.560 --> 01:20:35.560]  Okay.
[01:20:35.560 --> 01:20:42.560]  But none of the consumer protection laws, those only go to federally licensed lenders.
[01:20:42.560 --> 01:20:45.560]  Okay, what about the servicer?
[01:20:45.560 --> 01:20:56.560]  Okay, applies to... Wait a minute, how did you get a servicer if you had a owner finance?
[01:20:56.560 --> 01:21:01.560]  They handed the servicing to an escrow company in the real estate contract.
[01:21:01.560 --> 01:21:05.560]  Wait a minute, Rob, I'm having a lot of trouble.
[01:21:05.560 --> 01:21:07.560]  I'm having trouble.
[01:21:07.560 --> 01:21:14.560]  Mr. Producer, your mic's hot on my side and I'm having a little trouble here.
[01:21:14.560 --> 01:21:16.560]  Okay.
[01:21:16.560 --> 01:21:18.560]  Speak to me again, Rob.
[01:21:18.560 --> 01:21:27.560]  Okay, the real estate agent was the family that the home was purchased from.
[01:21:27.560 --> 01:21:34.560]  It's an owner finance real estate contract rather than making the payments to the owner.
[01:21:34.560 --> 01:21:37.560]  The payments are made to an escrow company.
[01:21:37.560 --> 01:21:40.560]  Oh, okay.
[01:21:40.560 --> 01:21:44.560]  That is a good question.
[01:21:44.560 --> 01:21:51.560]  I would expect that the escrow company is in fact, would fall under the consumer protection laws.
[01:21:51.560 --> 01:22:01.560]  But that's an issue, that's a question I haven't had raised before.
[01:22:01.560 --> 01:22:05.560]  Okay, but the UCC definitely would?
[01:22:05.560 --> 01:22:09.560]  Yeah, the UCC would definitely apply.
[01:22:09.560 --> 01:22:23.560]  And then you don't think fraud by nondisclosure would fly with an owner finance?
[01:22:23.560 --> 01:22:25.560]  Sorry, I'm getting a little noise on my end.
[01:22:25.560 --> 01:22:27.560]  Say that again, Rob.
[01:22:27.560 --> 01:22:33.560]  You don't think fraud by nondisclosure would fly on an owner finance?
[01:22:33.560 --> 01:22:36.560]  Yeah, that's not consumer protection.
[01:22:36.560 --> 01:22:37.560]  Okay.
[01:22:37.560 --> 01:22:39.560]  That's fraud, that's straight up fraud.
[01:22:39.560 --> 01:22:47.560]  So any of the, any causes of action or torts, those would absolutely fly.
[01:22:47.560 --> 01:22:51.560]  It's just that Hopartina Respond wouldn't apply.
[01:22:51.560 --> 01:22:58.560]  So a qualified written request to both of them and then you add everybody in?
[01:22:58.560 --> 01:23:13.560]  Well, in this case, a qualified written request does not necessarily invoke a duty on a non-federal lender
[01:23:13.560 --> 01:23:24.560]  under the Rural State Civil Procedures Act or even a debt validation letter under the Fair Debt Collections Practices Act.
[01:23:24.560 --> 01:23:30.560]  However, all of this still goes to civil tort.
[01:23:30.560 --> 01:23:31.560]  Right.
[01:23:31.560 --> 01:23:36.560]  And it would establish for you in civil tort, prima facie.
[01:23:36.560 --> 01:23:43.560]  If you have reason to believe there are errors in the charging instrument,
[01:23:43.560 --> 01:23:51.560]  and you request that the other party explain the charges and they fail to do so,
[01:23:51.560 --> 01:23:58.560]  that should be sufficient to give an ordinary person, a reasonable person of ordinary prudence,
[01:23:58.560 --> 01:24:05.560]  cause to believe that the charges that you had questioned were invalid.
[01:24:05.560 --> 01:24:06.560]  That goes to prima facie.
[01:24:06.560 --> 01:24:16.560]  Now it shifts in a civil court, that would shift the duty of the other party to overcome that prima facie evidence of impropriety.
[01:24:16.560 --> 01:24:18.560]  Does that make sense?
[01:24:18.560 --> 01:24:21.560]  Yeah, yeah it does, totally does.
[01:24:21.560 --> 01:24:26.560]  Okay, so for the most part, whatever is wrong is adjudicatable.
[01:24:26.560 --> 01:24:37.560]  It's just a matter of figuring out the right way to adjudicate it and defer that the federal consumer protection laws only goes to federal lenders.
[01:24:37.560 --> 01:24:41.560]  So once you, when you deal with owner finance, you're kind of on your own.
[01:24:41.560 --> 01:24:49.560]  It's like a commercial note, a commercial note, none of the consumer protection laws apply to a commercial note.
[01:24:49.560 --> 01:24:56.560]  Yeah, from my understanding of reading who it covers, the servicing company, the escrow company,
[01:24:56.560 --> 01:25:02.560]  would be covered under RESPA even if the owner wasn't.
[01:25:02.560 --> 01:25:05.560]  I would think so, I would think so.
[01:25:05.560 --> 01:25:07.560]  They're a pretty big company.
[01:25:07.560 --> 01:25:11.560]  So that would work for you just as well.
[01:25:11.560 --> 01:25:15.560]  Okay, do you have time for a quick question on your original topic?
[01:25:15.560 --> 01:25:17.560]  Yes.
[01:25:17.560 --> 01:25:25.560]  Okay, the two police that shot James Boyd, the homeless camper in Albuquerque,
[01:25:25.560 --> 01:25:33.560]  they are now going to be brought before a grand jury.
[01:25:33.560 --> 01:25:46.560]  Is there anything that we can do to make sure that the prosecutor, that the DA there doesn't kind of throw that under the rug?
[01:25:46.560 --> 01:25:58.560]  Okay, here's one of the changes that I was looking to get put into the grand jury statutes.
[01:25:58.560 --> 01:26:02.560]  In Texas, everything before grand jury is secret.
[01:26:02.560 --> 01:26:12.560]  So what I was going to ask is that when the prosecuting attorney is called to the grand jury or goes before the grand jury
[01:26:12.560 --> 01:26:22.560]  and gives the grand jury legal advice that in that instance he's not acting as a prosecuting attorney,
[01:26:22.560 --> 01:26:28.560]  but rather he's acting as counsel for the grand jury.
[01:26:28.560 --> 01:26:34.560]  Now, the prosecuting attorney is required to give legal advice to public officials.
[01:26:34.560 --> 01:26:40.560]  However, when he does so, he's not covered by his official immunity.
[01:26:40.560 --> 01:26:49.560]  Now he's a lawyer for the public official and his acts are administrative and he has no immunity.
[01:26:49.560 --> 01:26:58.560]  Here in the small town that I live in, I filed a criminal trespass against someone.
[01:26:58.560 --> 01:27:06.560]  The local police refused to give it to a magistrate because they said the prosecutor said he wouldn't prosecute.
[01:27:06.560 --> 01:27:12.560]  So I went to the prosecutor and apparently the chief of police called him before I could get there
[01:27:12.560 --> 01:27:17.560]  and the prosecutor come out and said, Mr. Kelton, do you think I'm out of my mind?
[01:27:17.560 --> 01:27:24.560]  Do you really think I would waive my immunity by giving legal advice to the police?
[01:27:24.560 --> 01:27:31.560]  I said, well, James, I didn't think so, but I'm just following the thunder here.
[01:27:31.560 --> 01:27:40.560]  So I went back to the chief of police, knocked on his office door and he come out and said,
[01:27:40.560 --> 01:27:42.560]  what can I do for you, Mr. Kelton?
[01:27:42.560 --> 01:27:53.560]  And I said, well, the county attorney just threw you under the bus and I'm here to run you over with it.
[01:27:53.560 --> 01:27:55.560]  That was great fun.
[01:27:55.560 --> 01:28:03.560]  But the point was is when the prosecutor is giving the grand jury legal advice,
[01:28:03.560 --> 01:28:07.560]  that should not be protected, should not be secret.
[01:28:07.560 --> 01:28:16.560]  Our concern is, is that not that the prosecutor is giving them false information
[01:28:16.560 --> 01:28:24.560]  or even so much that he's tilting it to one side or another, the facts are the facts.
[01:28:24.560 --> 01:28:31.560]  Our concern is that he's advising the grand jury improperly.
[01:28:31.560 --> 01:28:34.560]  We should have access to the advice he gives them.
[01:28:34.560 --> 01:28:41.560]  And in Texas, the grand jury can request to go before the court and ask for advice from the court.
[01:28:41.560 --> 01:28:49.560]  But when they do so, they're admonished to exercise care so as not to reveal anything
[01:28:49.560 --> 01:28:54.560]  that is before the grand jury in deliberations.
[01:28:54.560 --> 01:29:01.560]  So in that case, especially, that should be public.
[01:29:01.560 --> 01:29:07.560]  When they're getting legal advice, that has nothing to do with the merits of the case
[01:29:07.560 --> 01:29:10.560]  or the facts of the case or any witnesses.
[01:29:10.560 --> 01:29:17.560]  The reason grand jurors' deliberations are secret is if I go down and file a complaint against somebody
[01:29:17.560 --> 01:29:26.560]  and all that information is made public, the guy I filed against may be really unhappy with me.
[01:29:26.560 --> 01:29:32.560]  So that would intimidate me and give me reason not to go to a grand jury.
[01:29:32.560 --> 01:29:35.560]  So they made it all secret.
[01:29:35.560 --> 01:29:41.560]  Legal advice to a grand jury is not something that should ever be secret.
[01:29:41.560 --> 01:29:43.560]  Hang on, we're about to go to break.
[01:29:43.560 --> 01:29:47.560]  This is Randy Kelton, Steve Skidmore, Rue of La Radio.
[01:29:47.560 --> 01:29:52.560]  Our call-in number, 512-646-1984, give us a call.
[01:29:52.560 --> 01:29:54.560]  We'll be taking your calls all night.
[01:29:54.560 --> 01:29:57.560]  We'll be right back.
[01:30:24.560 --> 01:30:26.560]  Your freedoms will start to vanish too.
[01:30:26.560 --> 01:30:28.560]  So protect your rights.
[01:30:28.560 --> 01:30:32.560]  Say no to surveillance and keep your information to yourself.
[01:30:32.560 --> 01:30:34.560]  Privacy, it's worth hanging onto.
[01:30:34.560 --> 01:30:41.560]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.560 --> 01:30:45.560]  Start over with StartPage.
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[01:30:47.560 --> 01:30:51.560]  In Mumbai, India, a 21-year-old woman questioned on Facebook
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[01:30:57.560 --> 01:31:00.560]  That posting earned her a trip to jail.
[01:31:00.560 --> 01:31:01.560]  She wasn't alone for long.
[01:31:01.560 --> 01:31:05.560]  Police soon arrested her friend, who had the nerve to like the post,
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[01:31:08.560 --> 01:31:11.560]  They were only released after relatives bailed them out.
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[01:31:20.560 --> 01:31:23.560]  Oddly, though, nobody was arrested for that.
[01:31:23.560 --> 01:31:30.560]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:30.560 --> 01:31:36.560]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.560 --> 01:31:38.560]  The government says that fire brought it down.
[01:31:38.560 --> 01:31:43.560]  However, 1,500 architects and engineers concluded it was a controlled demolition.
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[01:31:46.560 --> 01:31:49.560]  Thousands of my fellow first responders are dying.
[01:31:49.560 --> 01:31:50.560]  I'm not a conspiracy theorist.
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[01:31:58.560 --> 01:32:01.560]  Go to RememberBuilding7.org today.
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[01:33:34.560 --> 01:33:36.560]  Okay, we are back.
[01:33:36.560 --> 01:33:39.560]  Randy Kelton's Steve Skidmore. We have our radio.
[01:33:39.560 --> 01:33:49.560]  And it looks like Rob must have breathed too many of those diesel fumes and succumbed to deadheading.
[01:33:49.560 --> 01:33:54.560]  Okay, we're going to Earl in Texas.
[01:33:54.560 --> 01:33:57.560]  Hello, Earl. What do you have for us?
[01:33:57.560 --> 01:34:05.560]  I got like a couple questions in the case that I went through the family law, right?
[01:34:05.560 --> 01:34:06.560]  Yes.
[01:34:06.560 --> 01:34:14.560]  Through the family law code. So I had, so they sent me, and I went to court on May 5th, right?
[01:34:14.560 --> 01:34:20.560]  And due to the short notice, right, because it was like a Wednesday or Thursday,
[01:34:20.560 --> 01:34:23.560]  they sent me the paper and said it showed up in court on Monday.
[01:34:23.560 --> 01:34:32.560]  So when I went to court on that Monday, on May 5th, 2014, that's when I told Earl,
[01:34:32.560 --> 01:34:38.560]  I need to consult with somebody because y'all ain't giving me no notice on that, right?
[01:34:38.560 --> 01:34:43.560]  So I went on, called a few attorneys.
[01:34:43.560 --> 01:34:50.560]  But, you know, due to the time frame of my situation, my son turned—
[01:34:50.560 --> 01:34:56.560]  Wait a minute, hold on, hold on. You started in the middle of something.
[01:34:56.560 --> 01:35:07.560]  You need to back me up and kind of give us an idea of what your situation was at the time on May 5th.
[01:35:07.560 --> 01:35:17.560]  Oh, okay. On May 5th, I had, I talked to her, she told me to go consult with an attorney, right?
[01:35:17.560 --> 01:35:20.560]  To give time to consult with an attorney, but show back—
[01:35:20.560 --> 01:35:24.560]  Okay, wait a minute, you're still starting in the middle.
[01:35:24.560 --> 01:35:27.560]  I take it you're in a divorce proceeding?
[01:35:27.560 --> 01:35:33.560]  No, no, no, no. No, it's about my child's report, right?
[01:35:33.560 --> 01:35:38.560]  I can tell you from the beginning to the start. At the beginning of my child's report, right,
[01:35:38.560 --> 01:35:45.560]  that was like in June of 1998, right, me and my son, I went to the law library and I said,
[01:35:45.560 --> 01:35:50.560]  well, they're trying to force child's report on me when I was already taking care of my son.
[01:35:50.560 --> 01:35:59.560]  So the clerk said, if I can get my son and mom down to the law library so we can kind of get it together.
[01:35:59.560 --> 01:36:07.560]  And so I called her and I got her to come to the law library with that with the clerk.
[01:36:07.560 --> 01:36:11.560]  Okay, hold on, hold on. I'm having trouble here.
[01:36:11.560 --> 01:36:17.560]  Try to avoid pronouns. Her, who is her?
[01:36:17.560 --> 01:36:21.560]  My son's mother, the mother of my son.
[01:36:21.560 --> 01:36:29.560]  Oh, okay. So you were divorced at the time, you were supposed to be paying child support,
[01:36:29.560 --> 01:36:34.560]  and you got the mother to come to the law library with you.
[01:36:34.560 --> 01:36:39.560]  Right, so we can get the child's report started, right, so that was like in June of 1998.
[01:36:39.560 --> 01:36:46.560]  All right, on the process of getting it started, I had my checks done, they got that together, but...
[01:36:46.560 --> 01:36:50.560]  Okay, hold on. Do we need to back up another step?
[01:36:50.560 --> 01:36:55.560]  Were you and your son's mother ever married?
[01:36:55.560 --> 01:36:56.560]  No.
[01:36:56.560 --> 01:37:03.560]  Okay, so there was no divorce. You were the father and you were prepared to pay child support.
[01:37:03.560 --> 01:37:07.560]  Did you go before court?
[01:37:07.560 --> 01:37:15.560]  She would have had to go before the court and ask, improve paternity and ask the court to grant child support.
[01:37:15.560 --> 01:37:18.560]  Did she do that?
[01:37:18.560 --> 01:37:22.560]  No, there was no paternity test.
[01:37:22.560 --> 01:37:26.560]  Did a court order child support?
[01:37:26.560 --> 01:37:28.560]  Right, yeah.
[01:37:28.560 --> 01:37:36.560]  Okay, well if you don't contest, then a paternity test will be determined by your own testimony.
[01:37:36.560 --> 01:37:39.560]  So they won't have to do a DNA.
[01:37:39.560 --> 01:37:42.560]  Okay, so a court did order child support.
[01:37:42.560 --> 01:37:45.560]  Okay, we got that part.
[01:37:45.560 --> 01:37:49.560]  Now, what happened and what was the issue in May?
[01:37:49.560 --> 01:37:53.560]  The issue was on the health care part.
[01:37:53.560 --> 01:38:00.560]  They said my son's mom made a suggestion to leave my son on her health care insurance, right?
[01:38:00.560 --> 01:38:03.560]  And I was thinking about it and I was like, okay, I agree with that.
[01:38:03.560 --> 01:38:06.560]  And I wasn't supposed to pay my son part.
[01:38:06.560 --> 01:38:12.560]  But the thing about it, she didn't have her health care insurance with her.
[01:38:12.560 --> 01:38:14.560]  She didn't bring her health stuff to the court.
[01:38:14.560 --> 01:38:18.560]  So the clerk said, well, you need to go home and get it.
[01:38:18.560 --> 01:38:20.560]  But she never went home and get it.
[01:38:20.560 --> 01:38:21.560]  I don't know what happened.
[01:38:21.560 --> 01:38:22.560]  They were there with her talking.
[01:38:22.560 --> 01:38:29.560]  And then the clerk said, well, we can either reschedule it or we can put it on the back and bring it back up.
[01:38:29.560 --> 01:38:32.560]  She didn't want to do that and whatever.
[01:38:32.560 --> 01:38:38.560]  So the clerk was going to say, well, we need to close after the pay.
[01:38:38.560 --> 01:38:45.560]  And how about we put something down, looking at her check stubs, which don't show the figures,
[01:38:45.560 --> 01:38:49.560]  and put something down off her check stubs, which is incorrect.
[01:38:49.560 --> 01:38:50.560]  So I stated it.
[01:38:50.560 --> 01:38:57.560]  I said, no, I don't agree with that because you don't have the health care to determine my son's portion of what I'm supposed to pay.
[01:38:57.560 --> 01:39:06.560]  So the clerk is going to say, well, we're going to put this down, and when she brings her health care in, we'll adjust your fee.
[01:39:06.560 --> 01:39:08.560]  And I said, okay.
[01:39:08.560 --> 01:39:13.560]  You make note of that on my court document, and I'll sign off on it.
[01:39:13.560 --> 01:39:15.560]  So she wrote it on there.
[01:39:15.560 --> 01:39:18.560]  I turned it around and looked at it, right?
[01:39:18.560 --> 01:39:23.560]  And time was going by.
[01:39:23.560 --> 01:39:24.560]  Wait a minute.
[01:39:24.560 --> 01:39:26.560]  This is going to turn into a long story.
[01:39:26.560 --> 01:39:31.560]  Let's go to the end so I know where you're going to, so I know which facts I need to hear.
[01:39:31.560 --> 01:39:37.560]  What is the end, at the end of the day, what is the question that you have?
[01:39:37.560 --> 01:39:38.560]  Okay.
[01:39:38.560 --> 01:39:45.560]  The thing is, like, after they had made notes, right, and they said they were adjusted,
[01:39:45.560 --> 01:39:51.560]  I've been calling through the whole course of my son's power support, right, saying, when are y'all going to make the adjustments?
[01:39:51.560 --> 01:39:53.560]  They never made the adjustments.
[01:39:53.560 --> 01:39:55.560]  They tried to act like they didn't.
[01:39:55.560 --> 01:39:56.560]  Okay, okay.
[01:39:56.560 --> 01:39:57.560]  Hold on.
[01:39:57.560 --> 01:40:03.560]  Are you trying to get your child support adjusted?
[01:40:03.560 --> 01:40:04.560]  No.
[01:40:04.560 --> 01:40:06.560]  Let me say that different.
[01:40:06.560 --> 01:40:15.560]  Are you trying to get an adjustment on the amount that you're paying for insurance for the child?
[01:40:15.560 --> 01:40:22.560]  Kind of, sort of, but my whole thing is about the practice of that family law code.
[01:40:22.560 --> 01:40:28.560]  It's, like, the negligence of it, because, like, when I was...
[01:40:28.560 --> 01:40:29.560]  Okay, hold on.
[01:40:29.560 --> 01:40:32.560]  The family law code is the family law code.
[01:40:32.560 --> 01:40:34.560]  The code itself is not negligent.
[01:40:34.560 --> 01:40:36.560]  I don't know where you're going.
[01:40:36.560 --> 01:40:39.560]  Listen, you will find out where I'm going.
[01:40:39.560 --> 01:40:40.560]  Listen, right here.
[01:40:40.560 --> 01:40:43.560]  Yeah, but we can't spend a whole hour going through...
[01:40:43.560 --> 01:40:44.560]  No, it ain't going to be an hour.
[01:40:44.560 --> 01:40:45.560]  I'm going to be going to the point.
[01:40:45.560 --> 01:40:46.560]  I'm going straight to the point.
[01:40:46.560 --> 01:40:47.560]  Okay.
[01:40:47.560 --> 01:40:54.560]  And the jurors say she's going to refer...the state has to justify all of those floods.
[01:40:54.560 --> 01:40:56.560]  They're taking out my checks.
[01:40:56.560 --> 01:40:58.560]  The state couldn't justify it.
[01:40:58.560 --> 01:41:04.560]  So the jurors allowed some dude that was sitting on the side of the courtroom to walk up, whisper
[01:41:04.560 --> 01:41:06.560]  in the state ear, right?
[01:41:06.560 --> 01:41:11.560]  I said, I don't know who this dude is, letting old copier power turn their neck.
[01:41:11.560 --> 01:41:17.560]  So he walked up three times, kept trying to whisper in the state ear to help them figure
[01:41:17.560 --> 01:41:20.560]  out, justify all this money they took out of my check.
[01:41:20.560 --> 01:41:25.560]  Then the juror said at the end, she's going to refer her back to the proceeding court
[01:41:25.560 --> 01:41:26.560]  down tail.
[01:41:26.560 --> 01:41:28.560]  So I said, okay.
[01:41:28.560 --> 01:41:33.560]  So right after that, after the court, I went to the law law jury.
[01:41:33.560 --> 01:41:34.560]  I made...
[01:41:34.560 --> 01:41:35.560]  Wait a minute.
[01:41:35.560 --> 01:41:38.560]  You're going through every detail of your case.
[01:41:38.560 --> 01:41:41.560]  I don't need every detail of your case.
[01:41:41.560 --> 01:41:44.560]  What is your question?
[01:41:44.560 --> 01:41:51.560]  Oh, my question is like, on that negligence right there, when she said she referred to
[01:41:51.560 --> 01:41:56.560]  the case and I went to the law library and the law library clerk looked it up and they
[01:41:56.560 --> 01:42:00.560]  said it was nothing in the system saying she referred the case, right?
[01:42:00.560 --> 01:42:07.560]  So I'm saying, I'm thinking she either told a lie, because I had a clerk and an attorney
[01:42:07.560 --> 01:42:12.560]  at that law library looked it up three times and it was nothing in the system.
[01:42:12.560 --> 01:42:21.560]  So the judge was conspiring with the state, right, on that matter, which I feel that was
[01:42:21.560 --> 01:42:23.560]  negligence right there.
[01:42:23.560 --> 01:42:24.560]  Let me...
[01:42:24.560 --> 01:42:27.560]  I'm trying to understand what your real question is.
[01:42:27.560 --> 01:42:35.560]  You started out with an issue of notice and now it appears your question is concerning
[01:42:35.560 --> 01:42:41.560]  the estimated amount that you owed has never been verified.
[01:42:41.560 --> 01:42:42.560]  Right.
[01:42:42.560 --> 01:42:46.560]  They never had no insurance to...
[01:42:46.560 --> 01:42:53.560]  Well, then, okay, just file a motion to the court asking the court to set a hearing to
[01:42:53.560 --> 01:43:05.560]  determine your actual indebtedness for insurance.
[01:43:05.560 --> 01:43:09.560]  They're not going to do anything unless you move the court to do something.
[01:43:09.560 --> 01:43:15.560]  So file a motion asking to set a hearing to reconsider the amount you're being charged
[01:43:15.560 --> 01:43:20.560]  for child support, I mean for insurance for your son.
[01:43:20.560 --> 01:43:27.560]  And then my other question is, right now, my son turned 18 on September 14th, right,
[01:43:27.560 --> 01:43:29.560]  of this past year.
[01:43:29.560 --> 01:43:33.560]  And due to the fact that...
[01:43:33.560 --> 01:43:37.560]  Okay, you're saying he's already 18?
[01:43:37.560 --> 01:43:39.560]  Right.
[01:43:39.560 --> 01:43:40.560]  Okay, hang on.
[01:43:40.560 --> 01:43:41.560]  We're about to go to break.
[01:43:41.560 --> 01:43:44.560]  Randy Kelton, Steve Skidmore, Rule of Law Radio.
[01:43:44.560 --> 01:43:48.560]  I call the number 512-646-1984.
[01:43:48.560 --> 01:43:49.560]  Give us a call.
[01:43:49.560 --> 01:43:59.560]  We'll be right back.
[01:43:59.560 --> 01:44:03.560]  You feel tired when talking about important topics like money and politics?
[01:44:03.560 --> 01:44:04.560]  Sorry.
[01:44:04.560 --> 01:44:07.560]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.560 --> 01:44:08.560]  What?
[01:44:08.560 --> 01:44:12.560]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.560 --> 01:44:17.560]  Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity
[01:44:17.560 --> 01:44:19.560]  at an early age.
[01:44:19.560 --> 01:44:23.560]  I had no idea that the number one cause of the disease is found in almost every home
[01:44:23.560 --> 01:44:25.560]  in America, the television.
[01:44:25.560 --> 01:44:30.560]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[01:44:30.560 --> 01:44:34.560]  The staff at Brave New Books have helped me and thousands of other Foxaholics suffering
[01:44:34.560 --> 01:44:36.560]  from sports zombieism recover.
[01:44:36.560 --> 01:44:40.560]  And because of Brave New Books, I now enjoy reading and watching educational documentaries
[01:44:40.560 --> 01:44:43.560]  without feeling tired or uninterested.
[01:44:43.560 --> 01:44:50.560]  If you or anybody you know suffers from stupidity, then you need to call 512-480-2503
[01:44:50.560 --> 01:44:54.560]  or visit them in 1904 Guadalupe or bravenewbookstore.com.
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[01:44:57.560 --> 01:45:00.560]  vocabulary and an overall increase in mental functioning.
[01:45:00.560 --> 01:45:03.560]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:49.560 --> 01:45:52.560]  pro se tactics, and much more.
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[01:46:01.560 --> 01:46:09.560]  Well, you know Karma's lurking around the corner.
[01:46:09.560 --> 01:46:11.560]  You better watch this.
[01:46:11.560 --> 01:46:17.560]  And get in front of all of you.
[01:46:17.560 --> 01:46:19.560]  Yeah.
[01:46:19.560 --> 01:46:21.560]  Yeah, little Jerry.
[01:46:21.560 --> 01:46:27.560]  It's in reality.
[01:46:27.560 --> 01:46:30.560]  Okay, Karma's lurking around the corner.
[01:46:30.560 --> 01:46:31.560]  Come on, Jerry.
[01:46:31.560 --> 01:46:32.560]  Come on.
[01:46:32.560 --> 01:46:37.560]  As we saw, so shall we read.
[01:46:37.560 --> 01:46:38.560]  The world's a big tree.
[01:46:38.560 --> 01:46:40.560]  She puts so many fruits.
[01:46:40.560 --> 01:46:42.560]  The words get put on.
[01:46:42.560 --> 01:46:46.560]  Oh, how we see.
[01:46:46.560 --> 01:46:48.560]  Try as we will.
[01:46:48.560 --> 01:46:51.560]  Very small steps into giant.
[01:46:51.560 --> 01:46:53.560]  Remember, what goes are wrong points.
[01:46:53.560 --> 01:47:00.560]  As we saw, so shall we read.
[01:47:00.560 --> 01:47:06.560]  Listen to the song.
[01:47:06.560 --> 01:47:11.560]  The Karma's lurking around the corner.
[01:47:11.560 --> 01:47:17.560]  Living in a gas house and a choco niter.
[01:47:17.560 --> 01:47:20.560]  One by one, the friends tell everybody.
[01:47:20.560 --> 01:47:23.560]  Pass on the word.
[01:47:23.560 --> 01:47:24.560]  Okay, we are back.
[01:47:24.560 --> 01:47:27.560]  Randy Kelton, Steve Skidmore with LAW Radio.
[01:47:27.560 --> 01:47:30.560]  And we're talking to Earl in Texas.
[01:47:30.560 --> 01:47:32.560]  Okay, Earl.
[01:47:32.560 --> 01:47:35.560]  Your boy is 18?
[01:47:35.560 --> 01:47:38.560]  Yeah, he's 18 right now.
[01:47:38.560 --> 01:47:42.560]  So you're not paying child support at all anymore, are you?
[01:47:42.560 --> 01:47:44.560]  No, that's why I was telling you.
[01:47:44.560 --> 01:47:45.560]  It's negligent.
[01:47:45.560 --> 01:47:47.560]  I'm still paying.
[01:47:47.560 --> 01:47:49.560]  And that's why I was saying.
[01:47:49.560 --> 01:47:50.560]  Stop paying him.
[01:47:50.560 --> 01:47:55.560]  He's 18.
[01:47:55.560 --> 01:47:57.560]  That's what I'm saying.
[01:47:57.560 --> 01:48:05.560]  I know I'm supposed to stop paying, but they kept coming at me with all kinds of words and stuff.
[01:48:05.560 --> 01:48:09.560]  And they're kind of filled with the job situation.
[01:48:09.560 --> 01:48:15.560]  Because I know on that family law code, that 154.126,
[01:48:15.560 --> 01:48:21.560]  it gets an A and B. A talks about any money that's overpaid needs to be paid back to the obligator.
[01:48:21.560 --> 01:48:27.560]  But B said, however, in no event shall an obligator pay no more than a percentage of the amount
[01:48:27.560 --> 01:48:33.560]  or hundreds of child support or approving needs of a child, right?
[01:48:33.560 --> 01:48:39.560]  So when they came with this family law code, like on May 28,
[01:48:39.560 --> 01:48:45.560]  the state had a right to go up 50% interest only on the rearage.
[01:48:45.560 --> 01:48:47.560]  And I'm like, oh, where you get that in?
[01:48:47.560 --> 01:48:49.560]  I ain't never read that.
[01:48:49.560 --> 01:48:52.560]  So it's no such thing as interest.
[01:48:52.560 --> 01:48:53.560]  OK, wait.
[01:48:53.560 --> 01:48:57.560]  I really don't know what you're talking about.
[01:48:57.560 --> 01:48:59.560]  You're telling me what the code says.
[01:48:59.560 --> 01:49:02.560]  You can't just say the code says this or that.
[01:49:02.560 --> 01:49:05.560]  You'd have to give me which code you're talking about.
[01:49:05.560 --> 01:49:08.560]  I have no idea what you're talking about.
[01:49:08.560 --> 01:49:14.560]  The family law code, 154.126.
[01:49:14.560 --> 01:49:16.560]  And if you look at it, it's an A and a B.
[01:49:16.560 --> 01:49:26.560]  If you look at the B on there, it'll say, however, in no event shall an obligator pay no more child support
[01:49:26.560 --> 01:49:34.560]  than the percentage of the amount or hundreds of child support approving needs of the child.
[01:49:34.560 --> 01:49:35.560]  Wait a minute.
[01:49:35.560 --> 01:49:38.560]  This is getting too complex.
[01:49:38.560 --> 01:49:40.560]  And family law is not my specialty.
[01:49:40.560 --> 01:49:43.560]  Can you send me an email on this subject?
[01:49:43.560 --> 01:49:45.560]  And I'll do this with email.
[01:49:45.560 --> 01:49:46.560]  Yeah.
[01:49:46.560 --> 01:49:47.560]  OK.
[01:49:47.560 --> 01:49:49.560]  Because I don't have to look up the code and read it.
[01:49:49.560 --> 01:49:51.560]  It's going to take too long here on the air.
[01:49:51.560 --> 01:49:54.560]  My callers are stacking up.
[01:49:54.560 --> 01:49:55.560]  All right.
[01:49:55.560 --> 01:50:00.560]  Let me get a phone.
[01:50:00.560 --> 01:50:01.560]  OK.
[01:50:01.560 --> 01:50:10.560]  Just go to RuleOfLawRadio.com or LogosRadioNetwork.com and you'll find my email there.
[01:50:10.560 --> 01:50:11.560]  Oh.
[01:50:11.560 --> 01:50:13.560]  Just go to that website and then...
[01:50:13.560 --> 01:50:14.560]  Yeah.
[01:50:14.560 --> 01:50:21.560]  Or just it's Randy at RuleOfLawRadio.com.
[01:50:21.560 --> 01:50:22.560]  OK.
[01:50:22.560 --> 01:50:23.560]  OK.
[01:50:23.560 --> 01:50:24.560]  OK.
[01:50:24.560 --> 01:50:27.560]  Just send me an email and we'll try to do this off the air.
[01:50:27.560 --> 01:50:28.560]  OK.
[01:50:28.560 --> 01:50:29.560]  OK.
[01:50:29.560 --> 01:50:30.560]  Thank you.
[01:50:30.560 --> 01:50:32.560]  Now we're going to Leslie in Pennsylvania.
[01:50:32.560 --> 01:50:33.560]  Hello, Ms. Leslie.
[01:50:33.560 --> 01:50:34.560]  Hi.
[01:50:34.560 --> 01:50:35.560]  How are you?
[01:50:35.560 --> 01:50:36.560]  I am good.
[01:50:36.560 --> 01:50:47.560]  And I've got an interesting case of Larry Janosky versus Countrywide.
[01:50:47.560 --> 01:50:48.560]  Yeah.
[01:50:48.560 --> 01:50:53.560]  The one you sent me.
[01:50:53.560 --> 01:50:54.560]  Uh-huh.
[01:50:54.560 --> 01:51:00.560]  And had Jeff Sedgwick call about the same case.
[01:51:00.560 --> 01:51:04.560]  Isn't it wonderful?
[01:51:04.560 --> 01:51:05.560]  Yes.
[01:51:05.560 --> 01:51:13.560]  Exactly three years after Barg Money from Respondent Countrywide Homes Loans, Inc.
[01:51:13.560 --> 01:51:19.560]  to refinance their home mortgage, petitioners Larry and Cheryl Janosky sent Countrywide
[01:51:19.560 --> 01:51:25.560]  and Respondent Bank of America Home Loans, which had acquired Countrywide a letter.
[01:51:25.560 --> 01:51:26.560]  I'm sorry.
[01:51:26.560 --> 01:51:36.560]  Bank of America Home Loans, a letter to rescind the transaction because Bank of America replied
[01:51:36.560 --> 01:51:40.560]  refusing to acknowledge the rescission's validity.
[01:51:40.560 --> 01:51:46.560]  One year and one day later, the Janoskys filed suit in federal court seeking a declaration
[01:51:46.560 --> 01:51:48.560]  of rescission and damages.
[01:51:48.560 --> 01:51:53.560]  The district court entered judgment on the pleadings for respondents, concluding that
[01:51:53.560 --> 01:52:03.560]  a borrower can exercise the Truth in Lending Act's right to rescind a loan, CUSC, 15 USC,
[01:52:03.560 --> 01:52:12.560]  1635A and F, only by filing a lawsuit within three years of the date of the loan was commenced.
[01:52:12.560 --> 01:52:18.560]  The Janoskys' complaint filed four years and one day after the loan's consummation was
[01:52:18.560 --> 01:52:19.560]  ineffective.
[01:52:19.560 --> 01:52:20.560]  The Eighth Circuit affirmed.
[01:52:20.560 --> 01:52:26.560]  But that's not what the Supreme Court said.
[01:52:26.560 --> 01:52:28.560]  This doesn't make sense.
[01:52:28.560 --> 01:52:31.560]  It says they affirmed the fact that they were too late.
[01:52:31.560 --> 01:52:38.560]  A borrower exercising his right to rescind under the Act need only provide written notice
[01:52:38.560 --> 01:52:48.560]  to his lender within a three-year period, not file suit within the section 1635A's unequivocal
[01:52:48.560 --> 01:52:49.560]  term.
[01:52:49.560 --> 01:52:56.560]  I think mine seems to be...
[01:52:56.560 --> 01:53:02.560]  A borrower shall have the right to rescind by notifying the creditor of his intention
[01:53:02.560 --> 01:53:09.560]  to do so, emphasis added, leaving no doubt that rescission is effected when the borrower
[01:53:09.560 --> 01:53:12.560]  notifies the creditor of his intention to rescind.
[01:53:12.560 --> 01:53:21.560]  This conclusion is not altered by 1635F, which states when the right to rescind must be exercised,
[01:53:21.560 --> 01:53:29.560]  but says nothing to how the right is exercised, nor does 1635G, which states that in addition
[01:53:29.560 --> 01:53:35.560]  to rescission, the court may offer additional relief not relating to the right to rescind,
[01:53:35.560 --> 01:53:42.560]  support respondents view that rescission is necessarily a consequence of judicial action.
[01:53:42.560 --> 01:53:47.560]  And the fact that the Act modified common law condition precedence to rescission at
[01:53:47.560 --> 01:53:55.560]  law, C1635B, hardly implies that the Act thereby clarified rescission and equity.
[01:53:55.560 --> 01:54:04.560]  And what it means is that the Supreme Court, by unanimous consent and opinion, agreed that
[01:54:04.560 --> 01:54:13.560]  the only thing that you need to do to rescind your loan is send a letter, period.
[01:54:13.560 --> 01:54:21.560]  So, rescission of the loan is like removal of a case to the Fed.
[01:54:21.560 --> 01:54:31.560]  If somebody sues you in the state court and there is a federal issue or diversity of jurisdiction,
[01:54:31.560 --> 01:54:34.560]  you don't go to the court and ask them to remove it.
[01:54:34.560 --> 01:54:37.560]  You go to the court and you remove it.
[01:54:37.560 --> 01:54:41.560]  You file the notice of removal and it is removed.
[01:54:41.560 --> 01:54:43.560]  So, this sounds the same.
[01:54:43.560 --> 01:54:48.560]  You file the notice of rescission and it is rescinded.
[01:54:48.560 --> 01:54:50.560]  Exactly.
[01:54:50.560 --> 01:54:58.560]  And the remedy when the, if I'm understanding this right, when the bank doesn't return all
[01:54:58.560 --> 01:55:03.560]  of your funds, the remedy is to file suit.
[01:55:03.560 --> 01:55:04.560]  Yeah.
[01:55:04.560 --> 01:55:05.560]  Okay.
[01:55:05.560 --> 01:55:10.560]  So, if I got this right, they were saying the suit was out of time and the court said,
[01:55:10.560 --> 01:55:16.560]  no, it wasn't because the rescission letter was in time.
[01:55:16.560 --> 01:55:21.560]  Right, they could do it without judicial action.
[01:55:21.560 --> 01:55:22.560]  Okay.
[01:55:22.560 --> 01:55:27.560]  So, yeah, if I get this right, the other side was saying, well, they filed their suit four
[01:55:27.560 --> 01:55:28.560]  years out.
[01:55:28.560 --> 01:55:31.560]  So, they're a year out of time.
[01:55:31.560 --> 01:55:37.560]  And the court is saying, no, when they filed the rescission letter, that stopped the clock.
[01:55:37.560 --> 01:55:39.560]  It goes a little further.
[01:55:39.560 --> 01:55:46.560]  In the Truth in Lending Act, and they didn't necessarily do that in this case, but in the
[01:55:46.560 --> 01:55:52.560]  Truth in Lending Act itself, it gives them 20 days to respond.
[01:55:52.560 --> 01:56:00.560]  They have 20 days to get a restraining order to change the way it is already laid out in
[01:56:00.560 --> 01:56:08.560]  the code or to get a restraining order to stop it or to adjudicate it differently.
[01:56:08.560 --> 01:56:13.560]  So, effectively, they can't just say, no, we're not going to rescind.
[01:56:13.560 --> 01:56:14.560]  Right.
[01:56:14.560 --> 01:56:18.560]  But they can't keep you hanging on for years either.
[01:56:18.560 --> 01:56:21.560]  They have 20 days.
[01:56:21.560 --> 01:56:22.560]  Wonderful.
[01:56:22.560 --> 01:56:24.560]  This is really good news.
[01:56:24.560 --> 01:56:26.560]  A great clarification.
[01:56:26.560 --> 01:56:27.560]  Yeah.
[01:56:27.560 --> 01:56:36.560]  David and I, the guy I work with here in Dallas-Fort Worth area, we were all, before we saw this,
[01:56:36.560 --> 01:56:41.560]  it was very serendipitous that you said this to us at this time, because we were looking
[01:56:41.560 --> 01:56:49.560]  at people who were looking at foreclosure, and they're within the three-year time limit.
[01:56:49.560 --> 01:56:52.560]  All they have to do is rescind it.
[01:56:52.560 --> 01:56:53.560]  Yeah.
[01:56:53.560 --> 01:56:55.560]  That'll get the banks hopping.
[01:56:55.560 --> 01:57:05.560]  And they only have, like I said, if they don't do it within 20 days, they agreed to it.
[01:57:05.560 --> 01:57:09.560]  Wait, say that again?
[01:57:09.560 --> 01:57:13.560]  If they don't object in 20 days, just like when you-
[01:57:13.560 --> 01:57:14.560]  Oh, okay.
[01:57:14.560 --> 01:57:17.560]  Then they waived their right to object.
[01:57:17.560 --> 01:57:18.560]  Yes.
[01:57:18.560 --> 01:57:21.560]  Oh, that's wonderful.
[01:57:21.560 --> 01:57:24.560]  So, we need to send them kind of a sleeper letter.
[01:57:24.560 --> 01:57:33.560]  So, you send the notice of rescission, and then whatever you do, don't say anything for 20 days.
[01:57:33.560 --> 01:57:34.560]  Yeah.
[01:57:34.560 --> 01:57:40.560]  Because the bank, they can't hardly get anything done in 20 days.
[01:57:40.560 --> 01:57:41.560]  Are you kidding?
[01:57:41.560 --> 01:57:47.560]  Do you know when they finally recognized mine 90 days later?
[01:57:47.560 --> 01:57:54.560]  I had sent it in with a debt validation request.
[01:57:54.560 --> 01:57:57.560]  So, you got yours in in time?
[01:57:57.560 --> 01:57:58.560]  Oh, yeah.
[01:57:58.560 --> 01:57:59.560]  Oh, wonderful.
[01:57:59.560 --> 01:58:04.560]  30 days.
[01:58:04.560 --> 01:58:05.560]  Okay.
[01:58:05.560 --> 01:58:09.560]  Have you adjudicated that issue yet?
[01:58:09.560 --> 01:58:11.560]  Well, no, I never did.
[01:58:11.560 --> 01:58:12.560]  I figured-
[01:58:12.560 --> 01:58:13.560]  Oh, perfect.
[01:58:13.560 --> 01:58:15.560]  Perfect.
[01:58:15.560 --> 01:58:18.560]  So, that'll make this essentially retroactive.
[01:58:18.560 --> 01:58:20.560]  Expofactum in its nature.
[01:58:20.560 --> 01:58:21.560]  So, it'll go back.
[01:58:21.560 --> 01:58:23.560]  Now, you can adjudicate it.
[01:58:23.560 --> 01:58:24.560]  Hang on.
[01:58:24.560 --> 01:58:26.560]  Randy Kelton, Steve Kiddmore, Wheelbar Radio.
[01:58:26.560 --> 01:58:28.560]  I call in number.
[01:58:28.560 --> 01:58:31.560]  512-646-1984.
[01:58:31.560 --> 01:58:32.560]  Give us a call.
[01:58:32.560 --> 01:58:34.560]  We'll keep the phone lines open all night.
[01:58:34.560 --> 01:58:49.560]  We'll be right back.
[01:58:49.560 --> 01:58:57.560]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[01:58:57.560 --> 01:59:05.560]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture.
[01:59:05.560 --> 01:59:08.560]  Enter the recovery version.
[01:59:08.560 --> 01:59:17.560]  First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[01:59:17.560 --> 01:59:27.560]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before.
[01:59:27.560 --> 01:59:32.560]  Bibles for America would like to give you a free recovery version simply for the asking.
[01:59:32.560 --> 01:59:47.560]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com.
[01:59:47.560 --> 01:59:50.560]  That's freestudybible.com.
[01:59:50.560 --> 02:00:02.560]  You are listening to the Logos Radio Network, logosradionetwork.com.