ROL_2015-03-06_16k_Hr3-4.timecode

[00:00.000 --> 00:08.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
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[00:10.000 --> 00:14.000]  I'm Brian Hagan with your Liberty Beat for Friday, March 6, 2015.
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[00:50.000 --> 00:56.000]  In the news, former Secretary of State Hillary Clinton has come under fire for using a personal email
[00:56.000 --> 00:58.000]  to compromise sensitive government intelligence.
[00:58.000 --> 01:04.000]  Clinton's emails have been subpoenaed by the House Committee investigating the 2012 terror attack in Benghazi.
[01:04.000 --> 01:10.000]  Security experts are seeking information on whether or not her email was encrypted and who had access to the account.
[01:10.000 --> 01:16.000]  On Thursday, Fox News reported a 2011 State Department email shows Clinton warning her employees
[01:16.000 --> 01:25.000]  not to use personal emails for security reasons, while at the same time conducting government business on her private account.
[01:25.000 --> 01:31.000]  The City of Maryland Child Protective Services has found a couple guilty of unsubstantiated child neglect
[01:31.000 --> 01:34.000]  for allowing their children to walk home alone from a neighborhood park.
[01:34.000 --> 01:41.000]  Danielle and Alexander Meadow of Silver Springs, Maryland have been under investigation by the CPS since December
[01:41.000 --> 01:43.000]  for their free-range parenting philosophy.
[01:43.000 --> 01:49.000]  No criminal charges have been filed against the parents, and it remains to be seen what actions the CPS will take.
[01:49.000 --> 01:54.000]  The couple told Nightline in an email that they were shocked and outraged that they have been deemed negligent
[01:54.000 --> 01:57.000]  for giving their children simple freedom to play outdoors.
[02:00.000 --> 02:06.000]  The last letter supposedly written by recently murdered Russian opposition activist Boris Nemtsov has been discovered.
[02:06.000 --> 02:12.000]  Nemtsov's close friend Olga Sharina showed Reuters a letter that seemed to indicate the activist was investigating claims
[02:12.000 --> 02:16.000]  that Moscow has been backing separatist fighters in eastern Ukraine.
[02:16.000 --> 02:28.000]  The claims could not be immediately verified.
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[02:51.000 --> 02:56.000]  This is the Liberty Beat for Friday, March 6, 2015.
[02:56.000 --> 03:16.000]  Make sure you check out the website at thelibertybeat.com
[03:16.000 --> 03:27.000]  Well I received my remedy today. It came in a box just like they say, I accept it for value right away.
[03:27.000 --> 03:38.000]  It's not through her, not later. We are originators and the pathways seem to get straighter every day.
[03:38.000 --> 03:46.000]  And I can take anything that belongs to me and put it to good use.
[03:46.000 --> 03:55.000]  But I was good for the gander, going to work for the goose.
[03:55.000 --> 04:04.000]  Welcome back to Rural Law Radio folks and 512-646-1984 is the number to dial in and we still got a full board.
[04:04.000 --> 04:10.000]  So let's go to Ruby in Texas. Good evening, Ruby. What do you got for us tonight?
[04:10.000 --> 04:17.000]  Okay, yeah. And Ruby, we have Eddie Craig on with you as well. Say hi, Eddie.
[04:17.000 --> 04:19.000]  Good evening.
[04:19.000 --> 04:21.000]  Good evening.
[04:21.000 --> 04:25.000]  All right. So what is the question you have, Ruby?
[04:25.000 --> 04:36.000]  Well, the question that I had was that because of these letters of complaint and the multiple signatures at different times,
[04:36.000 --> 04:41.000]  those computer-generated signatures, the...
[04:41.000 --> 04:46.000]  Okay, hold on, Ruby. You're talking to Eddie and he knows what you're talking about.
[04:46.000 --> 04:47.000]  Yeah.
[04:47.000 --> 04:54.000]  We don't have a clue. Kind of bring our listeners up to speed just real quickly so we kind of got a context for what you're talking about.
[04:54.000 --> 05:07.000]  Okay. I've had multiple tickets from the animal control and actually it's like 29 cases.
[05:07.000 --> 05:20.000]  And I went and got my case file. And on doing so, I started looking at the letters of complaint and then I looked at the signatures of the affiant.
[05:20.000 --> 05:30.000]  And whenever I put the signatures of the affiant, because these tickets are given over a year and a half time, you know, all these tickets,
[05:30.000 --> 05:38.000]  and these tickets are like three of the same thing, you know, like I was not wearing their tag in the yard because I have three of those but at different times.
[05:38.000 --> 05:42.000]  And so each letter of complaint has the affiant signature.
[05:42.000 --> 05:51.000]  And sometimes these affiants have the same...it'll be the same affiant like months later on but on a different ticket.
[05:51.000 --> 06:06.000]  And the signature is a computer-generated signature which is the same as...you can overlay it on the one like the ticket in November is the same signature as the...not just the name but the very same signature.
[06:06.000 --> 06:09.000]  So they're not similar, they're identical.
[06:09.000 --> 06:10.000]  Yes, sir.
[06:10.000 --> 06:11.000]  Okay.
[06:11.000 --> 06:13.000]  Oh, that's...
[06:13.000 --> 06:17.000]  Sounds like copy-paste.
[06:17.000 --> 06:21.000]  It's exactly copy-paste and that's gotten kind of...
[06:21.000 --> 06:33.000]  Well, the thing is, correct me if I'm wrong, Randy, they...just like in the robo-signing stuff, this electronic signature on affidavit's thing is not a good thing.
[06:33.000 --> 06:37.000]  It's not a legal thing in this context, not on a complaint.
[06:37.000 --> 06:38.000]  Right.
[06:38.000 --> 06:41.000]  Now, the complaint must be verified.
[06:41.000 --> 06:43.000]  Well, but here's the other thing.
[06:43.000 --> 06:45.000]  This goes to a theory I've been working on with the complaints.
[06:45.000 --> 06:53.000]  We all know that in these lower courts, the municipal and JP courts, and even in the county court at times, they say that they have jurisdiction.
[06:53.000 --> 07:05.000]  The courts have given them jurisdiction to proceed upon complaint alone without an information or an indictment despite the fact that goes against both the Code of Criminal Procedure and the Texas Constitution.
[07:05.000 --> 07:20.000]  Now, the case law based upon the complaint being the sole instrument in these things states a siding against the Texas Constitution where it is referencing in the Constitution an affidavit.
[07:20.000 --> 07:28.000]  The complaint does not in any way, shape, or form meet the legal requirements of an affidavit.
[07:28.000 --> 07:37.000]  A complaint is not actually sworn to, nor is it actually verified as being sworn to, and here's why.
[07:37.000 --> 07:42.000]  The case law on affidavits is extremely clear.
[07:42.000 --> 07:49.000]  Affidavits cannot contain any form of qualifying language as to the facts they contain.
[07:49.000 --> 07:55.000]  A complaint does exactly that when it says, I have reason to believe and do believe.
[07:55.000 --> 07:58.000]  That is qualifying language.
[07:58.000 --> 08:14.000]  Second, a valid affidavit is nonexistent in law unless it is sworn under penalty of perjury, which we know a complaint is not and cannot do because it is not required to be signed by a person with competent firsthand knowledge.
[08:14.000 --> 08:37.000]  There is no way a complaint is the affidavit spoken of in the Texas Constitution according to the court's own laws of what constitutes a valid affidavit, which brings us to a secondary problem, the reading of the complaint into the case at trial.
[08:37.000 --> 08:47.000]  Normally, the person that signed the complaint is not the charging individual. It is a clerk of the court who has no firsthand knowledge of the facts.
[08:47.000 --> 08:56.000]  And therefore, the court is acting in collusion with the prosecution to prevent the clerk from being called as a witness.
[08:56.000 --> 09:10.000]  In fact, the court will specifically quash any subpoenas to summon that clerk as a witness, thus depriving you of your right to confront the person that actually accused you in writing.
[09:10.000 --> 09:16.000]  The secondary problem with that is not having any competent firsthand knowledge.
[09:16.000 --> 09:27.000]  How can the court read the complaint into the record as evidence against the accused of the charges being levied? Because that's exactly what they're doing.
[09:27.000 --> 09:42.000]  They are reading a hearsay complaint into the record of the court as if it constitutes valid information and evidence relevant to the cause in violation of the rules of evidence on hearsay.
[09:42.000 --> 09:55.000]  That's a really good point. I can see where they could read the complaint into the record for the purpose of establishing subject matter jurisdiction for the court.
[09:55.000 --> 10:04.000]  However, they cannot use anything in that complaint as evidence against you.
[10:04.000 --> 10:12.000]  But then, for the most part, they don't. They bring in a witness. They'll bring in the officer or someone to testify. Yeah, but here's the other thing.
[10:12.000 --> 10:19.000]  They never prove what's in the complaint. They do everything by presumption through the terminology.
[10:19.000 --> 10:29.000]  Not once in any sort of traffic case do they ever prove what a motor vehicle is. They never prove what a driver is.
[10:29.000 --> 10:41.000]  They allow the jury to presume those facts. That's why we have to object to their use the same as if we're going on a no transportation, even if we're fighting on merits.
[10:41.000 --> 10:52.000]  We still have to object to the implication made to say that fact has not been introduced. It's not proven. And at the end of it, we move for a directed verdict.
[10:52.000 --> 11:01.000]  Now, Ruby, in relation to your dog cases, all of these are relating to the dogs having no tags or no whatever, right?
[11:01.000 --> 11:02.000]  Yes.
[11:02.000 --> 11:13.000]  So here's the problem. How is the person accusing you going to prove this in court?
[11:13.000 --> 11:25.000]  Now, they're going to get up and testify to what they say they saw, but what is their actual evidence? They're not bringing your dogs to court, are they?
[11:25.000 --> 11:34.000]  They're not bringing any records obtained from you or from any other source showing that your dogs have no tags, are they?
[11:34.000 --> 11:42.000]  And they're most likely not going to introduce any photographs showing the dogs in your yard with no tags.
[11:42.000 --> 11:46.000]  Who issues the tags?
[11:46.000 --> 11:49.000]  The vet will issue the tags when they get the shots.
[11:49.000 --> 11:52.000]  And what records does the vet keep?
[11:52.000 --> 11:58.000]  The vet keeps the vaccination records along with the tag number. They're required to do that by state law.
[11:58.000 --> 12:04.000]  But I guarantee you that none of these charges went to a vet and got those records.
[12:04.000 --> 12:16.000]  Wait a minute. I'm going somewhere. How would the city know that a vet didn't produce tags and give vaccinations?
[12:16.000 --> 12:19.000]  They wouldn't. Exactly my point.
[12:19.000 --> 12:27.000]  Okay. So the fact that they claim they didn't see tags on the dogs?
[12:27.000 --> 12:35.000]  I mean, they've gone out with their camera in front of the house and taken pictures, but I mean, this is dogs in my own private property, in the side of my yard.
[12:35.000 --> 12:38.000]  And I know lots of people that have their animals.
[12:38.000 --> 12:49.000]  Okay. That goes to a question. If you have dogs on your private property contained, are you required to have tags on them at that point?
[12:49.000 --> 12:51.000]  Thank you. Yeah.
[12:51.000 --> 12:59.000]  I mean, if I wanted to give the dogs a bath, if I took the collar off to give them a bath, I might commit a crime.
[12:59.000 --> 13:09.000]  Exactly. I mean, what about the chips? They put these chips in them, these stupid chips in them.
[13:09.000 --> 13:15.000]  Let's stay on one subject. Chips is a whole other issue.
[13:15.000 --> 13:16.000]  Yeah.
[13:16.000 --> 13:21.000]  What have you been charged with? Just no tags?
[13:21.000 --> 13:27.000]  The tags, more than five, more than five dogs.
[13:27.000 --> 13:32.000]  Okay. More than five dogs and the tags. Okay. Let's go to the tags.
[13:32.000 --> 13:48.000]  What does the statute say about tags? Does it say that you must have them or that the dog must have the tags attached to them?
[13:48.000 --> 13:51.000]  Is it even a statute?
[13:51.000 --> 14:02.000]  The reason I say this, the statute of ordinance, the reason I say this is license, safety sticker.
[14:02.000 --> 14:11.000]  You're required to have a license, registration.
[14:11.000 --> 14:17.000]  But you're not required, it's not a crime if you don't put it on the window.
[14:17.000 --> 14:22.000]  If they don't see it on the window, it's merely prima facie evidence that you don't have it.
[14:22.000 --> 14:27.000]  Safety sticker on the other hand, you're not required to have it directly.
[14:27.000 --> 14:34.000]  You are required to have a safety sticker displayed on your window.
[14:34.000 --> 14:38.000]  That's what they'll charge you with. I once got ticketed for that and I had it.
[14:38.000 --> 14:43.000]  I just didn't have it on, I had it on the window upside down.
[14:43.000 --> 14:50.000]  And they charged me with not properly displaying the sticker because the statute required it, not you have it, but you'd be displayed.
[14:50.000 --> 14:56.000]  So what does the statute on the tags require?
[14:56.000 --> 15:01.000]  Exactly. That's what I need to look at.
[15:01.000 --> 15:03.000]  But I didn't want to go into the merits.
[15:03.000 --> 15:16.000]  Basically, I was unfounded by the fact that these affidavits on there and the same, it's three different ladies' names used at three different times.
[15:16.000 --> 15:19.000]  And it's over a span of a year and a half.
[15:19.000 --> 15:25.000]  And I don't think I would have seen it if I hadn't, like I said, if I hadn't got my whole case file.
[15:25.000 --> 15:28.000]  Did someone come on your property and take these photos?
[15:28.000 --> 15:35.000]  No, they took them right outside in the front. I mean, it's a small front yard and they just stood there.
[15:35.000 --> 15:39.000]  I was on the porch holding one of them and they just took pictures.
[15:39.000 --> 15:42.000]  Oh, okay. They can do that.
[15:42.000 --> 15:46.000]  If they're in public and they can be seen, you can be photographed.
[15:46.000 --> 15:52.000]  And this is an argument we have with the courts.
[15:52.000 --> 16:00.000]  So you have the complaint. They have a photo.
[16:00.000 --> 16:09.000]  The real key here is what does the statute or ordinance require?
[16:09.000 --> 16:15.000]  And Eddie, have you addressed the application of the ordinance?
[16:15.000 --> 16:20.000]  Yeah, she knows exactly the fact that ordinances are not law and why.
[16:20.000 --> 16:26.000]  Now, I'm looking at the state law dealing with the rabies vaccinations and stuff.
[16:26.000 --> 16:34.000]  There does not appear to be anything in here at all requiring tags to be on the animal, only that the animal be vaccinated.
[16:34.000 --> 16:41.000]  Now, they've tried to allow for municipalities to create ordinances regulating that at the local level.
[16:41.000 --> 16:48.000]  But the problem there is, is they can't make anything binding upon the public. It can't be directory, only advisory.
[16:48.000 --> 16:51.000]  Okay, hold on. We're about to go to break.
[16:51.000 --> 16:56.000]  Steve Skidmore here with Eddie Craig, the Eddie Craig.
[16:56.000 --> 17:00.000]  I call it number 512-646-1984.
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[19:11.000 --> 19:14.000]  Well, don't let nothing get to you.
[19:14.000 --> 19:17.000]  Only the Father can deliver you.
[19:17.000 --> 19:20.000]  Don't let bad-minded people hurt you.
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[19:23.000 --> 19:25.000]  Know what I mean?
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[19:28.000 --> 19:32.000]  Come and help those people hide me free.
[19:32.000 --> 19:38.000]  Get in your problem and call on his name once again.
[19:38.000 --> 19:40.000]  Welcome back to Rule of Law Radio, folks.
[19:40.000 --> 19:47.000]  We are here tonight with myself, Randy Kelton, and Eddie Craig has stepped in.
[19:47.000 --> 19:54.000]  And we've been discussing some animal control tickets with Ruby in Texas.
[19:54.000 --> 20:02.000]  Now, I'm claiming ignorance here because I know nothing about dog tags and requirements and all that.
[20:02.000 --> 20:06.000]  But I believe, Eddie, you did a little bit of research over the break.
[20:06.000 --> 20:08.000]  And you can find nothing in statute.
[20:08.000 --> 20:12.000]  Therefore, it must be a city ordinance.
[20:12.000 --> 20:13.000]  Yeah.
[20:13.000 --> 20:21.000]  It would have to be an ordinance they're charging under because the only thing the state statute deals with is dangerous dogs,
[20:21.000 --> 20:28.000]  dangerous wild animals, and the requirement to vaccinate dogs and cats for rabies.
[20:28.000 --> 20:34.000]  It says nothing about the tags being required to be worn or wear.
[20:34.000 --> 20:41.000]  Just simply that the veterinarian keeps records and they shall supply the individual receiving the vaccination with the tags.
[20:41.000 --> 20:48.000]  But there's nothing that makes it mandatory for the tags to be worn by the animal to which they belong.
[20:48.000 --> 20:54.000]  OK, so then the point of this, then, is twofold.
[20:54.000 --> 21:06.000]  Number one, they're complaining that the dog is not displaying his proper tag and the tag would be related to the rabies vaccination.
[21:06.000 --> 21:10.000]  So question, Ruby.
[21:10.000 --> 21:13.000]  Well, I don't know if I want to put you really.
[21:13.000 --> 21:14.000]  Never mind.
[21:14.000 --> 21:18.000]  I don't want to ask you that question on the air.
[21:18.000 --> 21:25.000]  I have a question that can legally the officer, the dog found officer, can he be the complainant?
[21:25.000 --> 21:27.000]  I mean, I thought it had to be a citizen.
[21:27.000 --> 21:28.000]  Yes.
[21:28.000 --> 21:33.000]  No, he can be the complainant as far as the person signing that there's a violation.
[21:33.000 --> 21:39.000]  Does it tell you on there what ordinance you allegedly violated?
[21:39.000 --> 21:44.000]  Yeah, they have the number on there.
[21:44.000 --> 21:46.000]  It'll be five something.
[21:46.000 --> 21:47.000]  Yeah, it is five something.
[21:47.000 --> 21:54.000]  Exactly right.
[21:54.000 --> 22:03.000]  Just give me a second right here.
[22:03.000 --> 22:13.000]  It's like five S something.
[22:13.000 --> 22:18.000]  But anyway, let me get back to my question about the affiant though.
[22:18.000 --> 22:26.000]  How would I go about getting the information on those people just by the, you know, do.
[22:26.000 --> 22:27.000]  Which people?
[22:27.000 --> 22:35.000]  If it's the affiant you're talking about by people, you have all the evidence or you have all the information you need.
[22:35.000 --> 22:38.000]  You have identical signatures.
[22:38.000 --> 22:43.000]  That is not allowed on an affidavit.
[22:43.000 --> 22:46.000]  And computerized.
[22:46.000 --> 22:48.000]  It's not allowed.
[22:48.000 --> 22:51.000]  How is a notary public?
[22:51.000 --> 22:55.000]  Now, keeping in mind that an affidavit is to be verified.
[22:55.000 --> 22:58.000]  It's got to be notarized.
[22:58.000 --> 23:15.000]  How is did the notary public stand behind the affiant while the affiant was at the computer and the notary witnessed the application of the electronic signature?
[23:15.000 --> 23:22.000]  And then the notary can stamp it and sign it or attach another electronic signature.
[23:22.000 --> 23:24.000]  How does that work?
[23:24.000 --> 23:27.000]  That's what I was wondering.
[23:27.000 --> 23:35.000]  The problem with that is, is there's nothing in law that allows that to happen.
[23:35.000 --> 23:37.000]  Quite the contrary.
[23:37.000 --> 23:41.000]  It's got to be signed by hand.
[23:41.000 --> 23:47.000]  And the notary has to witness the affiant's signature.
[23:47.000 --> 23:50.000]  That doesn't mean copy, paste, click, click here, click there.
[23:50.000 --> 24:00.000]  That means grab a pen and apply pressure to the paper with the end of the pen and leave your mark on it.
[24:00.000 --> 24:02.000]  Let me make a suggestion.
[24:02.000 --> 24:09.000]  You know, we talk about how you'll never win your case simply because you have the law and the facts on your side.
[24:09.000 --> 24:12.000]  You'll only win your case if you have the politics on your side.
[24:12.000 --> 24:13.000]  So what do we look for?
[24:13.000 --> 24:16.000]  How can we generate some politics?
[24:16.000 --> 24:27.000]  If they did an electronic signature on your documents, what is the likelihood they've done it on other documents?
[24:27.000 --> 24:29.000]  That's very high.
[24:29.000 --> 24:49.000]  And if they've done it on other documents, that would imply an ongoing conspiracy to violate law, and that falls under Chapter 72 of the Texas Code of Criminal Procedure, or is it Penal Code?
[24:49.000 --> 24:52.000]  Criminal Procedure Code.
[24:52.000 --> 25:02.000]  And you can take an action in the capacity of a private attorney general.
[25:02.000 --> 25:30.000]  So you might go in and file an information request and look at the number on your citation and put in a request for 100 numbers before yours and 100 numbers after yours for all criminal complaints filed in the record from this number to this number.
[25:30.000 --> 25:33.000]  And you pull those out and look at them.
[25:33.000 --> 25:36.000]  See, it's all politics.
[25:36.000 --> 25:44.000]  That would also have to apply only or specifically to the pound, animal control.
[25:44.000 --> 25:53.000]  No, it applies to electronic signatures on complaints.
[25:53.000 --> 25:56.000]  You don't care what the statute is.
[25:56.000 --> 26:02.000]  I'm talking about the cause number on your complaint, the case number.
[26:02.000 --> 26:10.000]  So you ask for 100, you start, you just subtract 100 from it and put that number to add 100 and put that number.
[26:10.000 --> 26:12.000]  You want to see all these complaints.
[26:12.000 --> 26:18.000]  So now you're asking for the complaint specifically.
[26:18.000 --> 26:25.000]  Then you start looking at those and see if you see these same signatures.
[26:25.000 --> 26:29.000]  Now you have a private attorney general suit.
[26:29.000 --> 26:33.000]  Now here's the politics.
[26:33.000 --> 26:39.000]  The city has to look at the possibility of losing this case.
[26:39.000 --> 26:44.000]  And if they lose the case and it's just you, no big deal.
[26:44.000 --> 26:55.000]  But if they lose the case and it's every single one they've used this electronic signature on, that's a big deal.
[26:55.000 --> 26:57.000]  It's a really big deal.
[26:57.000 --> 27:00.000]  People can wind up in prison.
[27:00.000 --> 27:08.000]  And they will tend to come and say, let's make our deal.
[27:08.000 --> 27:10.000]  Well, I have the numbers to those violations.
[27:10.000 --> 27:15.000]  The ordinance is 5-100 for no city dog license.
[27:15.000 --> 27:26.000]  And then the other one is the 5-0125, if I'm not mistaken, for the no proof.
[27:26.000 --> 27:31.000]  Yeah, 5-125 for no proof of vaccination.
[27:31.000 --> 27:34.000]  What city is this?
[27:34.000 --> 27:36.000]  San Antonio.
[27:36.000 --> 27:37.000]  San Antonio, okay.
[27:37.000 --> 27:45.000]  They're going to have the same problem with proof of vaccination, Ruby, that they would have under proof of financial responsibility in a traffic case.
[27:45.000 --> 27:47.000]  You don't have to prove you're innocent.
[27:47.000 --> 27:49.000]  They have to prove you're guilty.
[27:49.000 --> 27:57.000]  It's their issue to have to go to the veterinarians all around San Antonio and find out if your dogs are in any of them.
[27:57.000 --> 27:59.000]  It's not yours.
[27:59.000 --> 28:00.000]  Yeah.
[28:00.000 --> 28:02.000]  What does their statute say?
[28:02.000 --> 28:12.000]  Does it say that the dogs, when in public view, must prominently display tags?
[28:12.000 --> 28:17.000]  What specifically is the section?
[28:17.000 --> 28:20.000]  You said one of the citations had the specific section of the charge on it.
[28:20.000 --> 28:22.000]  What is it?
[28:22.000 --> 28:32.000]  Well, it says the no city dog license under 5-100, the specific of the charge, it says that.
[28:32.000 --> 28:33.000]  Right.
[28:33.000 --> 28:34.000]  Okay.
[28:34.000 --> 28:37.000]  Well, I've been reading those, so let me give you a real quick heads up about what's in these.
[28:37.000 --> 28:43.000]  In Section 1-2 of the San Antonio City Ordinance, you have the following definition of person.
[28:43.000 --> 28:55.000]  The word person shall extend to be applied to associations, clubs, societies, firms, partnerships, embodies, politics, and corporate, as well as to individuals or groups of individuals.
[28:55.000 --> 28:56.000]  Okay.
[28:56.000 --> 28:59.000]  Now, here is another thing.
[28:59.000 --> 29:05.000]  Is San Antonio a home rule city?
[29:05.000 --> 29:08.000]  Oh.
[29:08.000 --> 29:11.000]  That's a good question.
[29:11.000 --> 29:13.000]  I take it by that answer.
[29:13.000 --> 29:15.000]  You don't know the answer.
[29:15.000 --> 29:16.000]  Yeah.
[29:16.000 --> 29:19.000]  They have a charter, so I'm going to bet you they are.
[29:19.000 --> 29:21.000]  Okay.
[29:21.000 --> 29:29.000]  Now, remember what the Texas courts have said about home rule cities and their city charters.
[29:29.000 --> 29:37.000]  They have absolutely no power and authority not expressly stated in their charter.
[29:37.000 --> 29:45.000]  Guess what I cannot find anywhere in the San Antonio City Charter?
[29:45.000 --> 29:51.000]  Anything dealing with the regulation of animals.
[29:51.000 --> 29:52.000]  All right, guys.
[29:52.000 --> 29:53.000]  We're fixing to go to break, folks.
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[30:43.000 --> 30:50.000]  A few years ago, a hacker accessed my phone and banking records using my name, Social Security number, and date of birth.
[30:50.000 --> 30:55.000]  Nowadays, such information is available all too easily from the Internet.
[30:55.000 --> 31:01.000]  I wised up after that and instructed my bank and utilities to add a pass question to my account.
[31:01.000 --> 31:07.000]  Now a note in my file instructs agents to ask a simple question to verify that it's really me on the line.
[31:07.000 --> 31:14.000]  I gave each company a different question that can't be easily guessed or researched online and that only I know the answer to.
[31:14.000 --> 31:18.000]  Those hackers will never guess the name of the first boy I had a crush on.
[31:18.000 --> 31:26.000]  I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com.
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[33:21.000 --> 33:43.000]  Welcome back to Rule of Law Radio, folks.
[33:43.000 --> 33:51.000]  512-646-1984 is the number to dial to get in line.
[33:51.000 --> 33:52.000]  Bless you.
[33:52.000 --> 34:00.000]  Speaking with Ruby in Texas over issues with the dogs.
[34:00.000 --> 34:15.000]  We were discussing over the break, Ruby, with Randy and Eddie and I were discussing the issue that is raised by this ordinance.
[34:15.000 --> 34:21.000]  Now, Randy, you found something in the San Antonio Charter.
[34:21.000 --> 34:24.000]  Would you repeat that, please?
[34:24.000 --> 34:38.000]  Okay, this is San Antonio Charter Article 1, Section 3, essentially says that it's a home rule city,
[34:38.000 --> 34:44.000]  including without limitation the powers conferred expressly and permissively by laws passed
[34:44.000 --> 34:54.000]  pursuant to Texas Home Rule Amendment, as now and hereafter amended, so it is a home rule city.
[34:54.000 --> 35:01.000]  Okay, it does say, too, that under jurisdiction it is a city, so under the ticket.
[35:01.000 --> 35:08.000]  Yeah, well, the thing about it is also in Article 1, Section 2, it has form of government,
[35:08.000 --> 35:16.000]  and just like every other home rule city, the form of government that governs the city is council manager.
[35:16.000 --> 35:24.000]  That is not the Republican form of government that the Texas Constitution requires for the people of Texas.
[35:24.000 --> 35:29.000]  It's not a strong mayor form of municipal government, either.
[35:29.000 --> 35:40.000]  Yeah, and so what that leads us up to in argument is that there are multiple reasons why these citations are illegal when issued to one of the private people.
[35:40.000 --> 35:49.000]  One, this is not a Republican form of government entity that's attempting to dictate these rules and regulations to the public.
[35:49.000 --> 36:02.000]  Two, these rules and regulations are not and cannot be binding law upon the public because for them to do so would be a violation of Article 3, Sections 29 through 39 of the Texas Constitution,
[36:02.000 --> 36:15.000]  as well as Article 11, Section 5 of the Texas Constitution, where it specifically prohibits municipalities from doing anything that violates any provision of the Texas Constitution.
[36:15.000 --> 36:24.000]  Therefore, any rule and regulation directed toward the public in the form of an ordinance can be advisory only.
[36:24.000 --> 36:30.000]  It cannot be directory, i.e., mandatory.
[36:30.000 --> 36:41.000]  So what we need to do is get a motion to dismiss all charges stating those three specific grounds, no lawful authority.
[36:41.000 --> 36:46.000]  We're not charging the mayor with official oppression.
[36:46.000 --> 36:48.000]  Well, the Council ain't sitting in it for two.
[36:48.000 --> 36:51.000]  Yeah, name all three sets of them.
[36:51.000 --> 37:03.000]  For exerting or purporting to exert an authority they do not expressly have and in the process denying a citizen in the form of free access to or enjoyment of a right.
[37:03.000 --> 37:07.000]  Now you're getting some more of that political pressure.
[37:07.000 --> 37:09.000]  Yeah.
[37:09.000 --> 37:24.000]  I'm quoting my district attorney when he's sitting with his head in his hands shaking his head and he said, those darn grand jurors, you never know what they're going to do.
[37:24.000 --> 37:40.000]  They're crafting criminal complaints and taking them and pushing to get them in front of a grand jury. As far as the officials are concerned, the grand jury presentment is like Russian roulette.
[37:40.000 --> 37:49.000]  You may think the prosecutor is going to cover your behind, but it's never a hundred percent.
[37:49.000 --> 37:55.000]  Yeah. Well, I appreciate all the information we've given you.
[37:55.000 --> 38:00.000]  And if you want to start filing criminal complaints, we're the guys show you how to do that.
[38:00.000 --> 38:03.000]  You kind of work the routine on them.
[38:03.000 --> 38:17.000]  We have a whole routine we work on and the routine stems from the premise that you never ask a public official to do anything that you actually want him to do.
[38:17.000 --> 38:37.000]  Because you never ask a public official to do anything that the law does not specifically require him to do such that when he fails to perform his duty, then you get to go to the next guy and ask him to arrest the first guy.
[38:37.000 --> 38:46.000]  And you will find when you're on this end of the law, it's a whole lot more fun.
[38:46.000 --> 38:49.000]  And that's my story and I'm sticking to it.
[38:49.000 --> 38:54.000]  Yes. All right. Yeah. Well, I know that one thing I'm coming to class this Sunday.
[38:54.000 --> 38:57.000]  All right. Well, we'll be expecting you then.
[38:57.000 --> 39:02.000]  Okay, then. And thank you, Andy. And thank you, Steve. And thank you, Eddie. I appreciate it.
[39:02.000 --> 39:05.000]  You're welcome. Thank you. We appreciate you calling in.
[39:05.000 --> 39:16.000]  Eddie, you want to stick around? Yeah, I will, because I would like for Randy to do something he didn't do a moment ago when we were discussing the criminal complaint being read into the case.
[39:16.000 --> 39:25.000]  We were discussing the fact that the reading of the complaint could be sufficient to establish the jurisdiction of the court.
[39:25.000 --> 39:29.000]  I disagree with that assessment. You are right.
[39:29.000 --> 39:37.000]  And I agree with your disagree. Okay. Well, let me explain my grounds for it and then we'll see what you got to add to it from there.
[39:37.000 --> 39:51.000]  The reason I say that is because that is not a primary pleading of the state and the pleading of the person representing the state to the court,
[39:51.000 --> 40:05.000]  which according to both the statutes in Chapter 20 under indictments and information and the Texas Constitution require a complaint or an indictment and an information for that to be sufficient as a pleading.
[40:05.000 --> 40:14.000]  27.01 Code of Criminal Procedure specifically says the primary pleading of the state in any criminal case is the indictment or information.
[40:14.000 --> 40:23.000]  So the complaint is completely insufficient for establishing jurisdiction of the court in any way, shape or form.
[40:23.000 --> 40:39.000]  You are absolutely right. The complaint is sufficient to establish jurisdiction of a magistrate for the singular and sole purpose of holding an examining trial.
[40:39.000 --> 40:47.000]  And the Magistration. Don't forget the Magistration. No, Magistration. We don't talk about Magistration. They made that crap up. There is no such thing.
[40:47.000 --> 40:59.000]  I know there's nothing officially titled that. But when they immediately take you before a magistrate, that's the process they're supposed to do is 15.17. There may or may not exist.
[40:59.000 --> 41:15.000]  No, it isn't. 15.16 or 17 is only where there is a preexisting warrant, arrest on warrant. That's what Chapter 15 is.
[41:15.000 --> 41:22.000]  I know that, but 14 sends you to 15 as soon as an arrest is made without a warrant.
[41:22.000 --> 41:32.000]  14 only sends you to 15 if you can't find a magistrate for the purpose of holding an examining trial.
[41:32.000 --> 41:42.000]  They must get you to one to at least advise you of your rights, but it in no case preempts 14.
[41:42.000 --> 41:53.000]  That reading of 15.17 saying that they can do this Magistration thing preempts a whole chapter in the Code of Criminal Procedure.
[41:53.000 --> 42:06.000]  Go back to 2.11. When a magistrate sits for the purpose of examining into a criminal accusation, that is an examining trial, not a Magistration.
[42:06.000 --> 42:14.000]  If you do a search for Magistration in the Code of Criminal Procedure or Penal Code, you will find it nowhere. They made that term up.
[42:14.000 --> 42:22.000]  Well, that's true. The term itself is made up. But let me read 14.06a, the last two sections of it here.
[42:22.000 --> 42:33.000]  To provide more expeditiously to the person arrested, the warnings described by Article 15.17 of this code before a magistrate in any other county of this state.
[42:33.000 --> 42:50.000]  Now, immediately after that, the last sentence of 14.06a, the magistrate to whom you are delivered, the magistrate shall immediately perform the duties described in Articles 15.17 of this code.
[42:50.000 --> 43:03.000]  14 sends you to 15 even though you are arrested without a warrant for the 15.17 provisions to be done. Because this is plural. It says duties.
[43:03.000 --> 43:11.000]  Only to more expeditiously provide you the warnings.
[43:11.000 --> 43:23.000]  What federal law and what state law requires, exactly what you said before, the criminal complaint provides no jurisdiction.
[43:23.000 --> 43:30.000]  And with this Magistration process, it does not help to provide jurisdiction.
[43:30.000 --> 43:50.000]  Jurisdiction is provided by an examining trial where the court on a finding of probable cause under 16.17 must issue a warrant, issue an order stating whether he found probable cause and bound the person to the state or released him in his liberty.
[43:50.000 --> 43:51.000]  That I agree with.
[43:51.000 --> 44:02.000]  And, and he is, if there is no warrants, the person has been arrested without a warrant under 16.20.
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[46:22.000 --> 46:47.000]  I'm just here making my living pushing buttons.
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[46:58.000 --> 47:02.000]  First I'm crawlin', then I'm walkin', then I start strutting
[47:02.000 --> 47:06.000]  Welcome back to Rural Law Radio, this beautiful Friday night, folks.
[47:06.000 --> 47:13.000]  We've got some different ideas here on this Code of Criminal Procedure issue.
[47:13.000 --> 47:18.000]  So let's get back into this and ferret out some resolve.
[47:18.000 --> 47:24.000]  Okay. Well, on the stuff that I've been looking at on this,
[47:24.000 --> 47:27.000]  the theory I have on the only way that this could actually work
[47:27.000 --> 47:32.000]  was dealing with how the person operates under a complaint to begin with.
[47:32.000 --> 47:38.000]  The purpose of a complaint is not to charge someone, but to accuse someone.
[47:38.000 --> 47:45.000]  The accusation can then be the grounds to initiate whatever proceedings need to be done,
[47:45.000 --> 47:47.000]  whether it be an investigation or whatever.
[47:47.000 --> 47:52.000]  The question here is, is who does the complaint get directed to as a matter of law?
[47:52.000 --> 47:58.000]  It's always directed to a magistrate or to a county or district attorney.
[47:58.000 --> 48:02.000]  It's not directed to any law enforcement agency.
[48:02.000 --> 48:11.000]  Hold on. A county or district attorney can accept a complaint,
[48:11.000 --> 48:16.000]  but nothing actually directs it to him.
[48:16.000 --> 48:23.000]  If he gets one, he's required to give it to some magistrate, 2.06, I think.
[48:23.000 --> 48:28.000]  Well, that is correct as far as, well, here we go.
[48:28.000 --> 48:36.000]  2.04 shall draw complaints upon complaint being made before a district or county attorney.
[48:36.000 --> 48:43.000]  Now, it's not directed to them to act upon it, but you can submit it through them.
[48:43.000 --> 48:49.000]  Yeah. It says they can take it, but it don't tell you that that's where they go.
[48:49.000 --> 48:53.000]  They don't wind up with it. They're not the ultimate stopping point for a complaint.
[48:53.000 --> 48:55.000]  I absolutely agree with you there.
[48:55.000 --> 48:59.000]  They are directed, once that's done, to have it reduced to writing,
[48:59.000 --> 49:07.000]  produce an information to go with it, and then send that to a magistrate having jurisdiction.
[49:07.000 --> 49:09.000]  That's their requirement.
[49:09.000 --> 49:15.000]  And you are correct in that none of that is directed toward a police agency of any kind.
[49:15.000 --> 49:22.000]  So the magistrate, once he gets his hands on the complaint and the information,
[49:22.000 --> 49:26.000]  he's required to do what with it, send it to a grand jury.
[49:26.000 --> 49:28.000]  Now, here's the odd thing about-
[49:28.000 --> 49:30.000]  No, no, no, hold on, hold on.
[49:30.000 --> 49:37.000]  The magistrate first is to go to Chapter 16, hold an examining trial,
[49:37.000 --> 49:47.000]  because if you go to Chapter 20, Code of Criminal Procedure that defines grand jurors,
[49:47.000 --> 49:52.000]  I'm sorry, it's 16.01, Chapter 16.
[49:52.000 --> 50:02.000]  It says that a person has a right to an examining trial prior to indictment.
[50:02.000 --> 50:05.000]  That was what's wrong with what they did to Perry.
[50:05.000 --> 50:14.000]  They went straight to indictment, has to go to a magistrate for an examining trial,
[50:14.000 --> 50:18.000]  and that's under Chapter 16, and then after the examining trial,
[50:18.000 --> 50:24.000]  the judge issues this order and under 1730 sends it to the clerk of the court,
[50:24.000 --> 50:30.000]  who is then to send it to hold those papers safe and deliver them up to the next grand jury,
[50:30.000 --> 50:32.000]  and the grand jury does an indictment.
[50:32.000 --> 50:36.000]  That's how the state gets subject matter jurisdiction.
[50:36.000 --> 50:42.000]  Well, yeah, but it's a multi-step process according to Chapter 2 and Chapter 20.
[50:42.000 --> 50:46.000]  In a complaint, if it goes through a county or district attorney,
[50:46.000 --> 50:48.000]  they have to do an information for it.
[50:48.000 --> 50:52.000]  At some point, an information has to be generated for every case,
[50:52.000 --> 50:56.000]  and the reason for that is because if the indictment is quashed,
[50:56.000 --> 51:02.000]  the only way to maintain jurisdiction is the presence of an information.
[51:02.000 --> 51:04.000]  That's their first problem.
[51:04.000 --> 51:09.000]  Chapter 20 says that that information or that indictment cannot exist
[51:09.000 --> 51:12.000]  until the complaint exists first.
[51:12.000 --> 51:14.000]  Do we agree on this so far?
[51:14.000 --> 51:15.000]  Absolutely.
[51:15.000 --> 51:16.000]  Okay.
[51:16.000 --> 51:22.000]  So once the examining trial process has been completed by the magistrate
[51:22.000 --> 51:28.000]  and a determination of probable cause and a proper order finding such probable cause has been issued,
[51:28.000 --> 51:34.000]  he must send it to a grand jury, and that is regardless of the level of the offense.
[51:34.000 --> 51:36.000]  Hold on, minor correction.
[51:36.000 --> 51:45.000]  17.30 after the examining trial, the grand jury shall,
[51:45.000 --> 51:49.000]  exactly how it says, it's together of all the information had in the case,
[51:49.000 --> 51:57.000]  the voluntary statement by the witness, the complaint, and all other documents had in the hearing,
[51:57.000 --> 52:02.000]  sealed him up in an envelope, writing his name across the seal of the envelope,
[52:02.000 --> 52:06.000]  and forward it to the clerk of the court of jurisdiction. That's 17.30.
[52:06.000 --> 52:13.000]  17.31 says, and they changed it recently, if it's a misdemeanor,
[52:13.000 --> 52:20.000]  they're to send it to the clerk, and the clerk is to present it to the court to enter it into the record.
[52:20.000 --> 52:29.000]  If it's a felony, the clerk shall keep all these papers safe and deliver them up to the next grand jury.
[52:29.000 --> 52:34.000]  That was the problem in the Tom Delay case and in the Perry case,
[52:34.000 --> 52:40.000]  is that the prosecuting attorney gave the complaints to the grand jury.
[52:40.000 --> 52:46.000]  He had no business doing that. That was the district clerk who's supposed to do that.
[52:46.000 --> 52:50.000]  Right, and he had the records to the exclusion of the clerk, which is also a felony.
[52:50.000 --> 52:51.000]  Exactly.
[52:51.000 --> 53:00.000]  But now, here's why I'm saying what I'm saying. Let me read something to you here.
[53:00.000 --> 53:21.000]  Okay. In relation to indictments, okay, if you read Chapter 20, I'm sorry, that's the grand jury, 21 rather, sorry, and you read what's here for justice courts,
[53:21.000 --> 53:33.000]  you will find 21.27, causes transferred to justice court, causes over which justices of the peace have jurisdiction
[53:33.000 --> 53:42.000]  may be transferred to a justice of the peace at the county seat or at the discretion of the judge to a justice of the precinct
[53:42.000 --> 53:52.000]  in which the same can be most conveniently tried, as may appear by member Randall endorsed by the grand jury on the indictment.
[53:52.000 --> 53:58.000]  Now, what type of criminal offenses do JPs have jurisdiction of?
[53:58.000 --> 54:00.000]  Class C misdemeanors.
[54:00.000 --> 54:14.000]  Exactly, and right here, and Article 5, Section 21, Texas Constitution, grand juries may look into misdemeanors and hand down indictments,
[54:14.000 --> 54:25.000]  therefore, and the district judge may hand them down to the county courts or other inferior courts having jurisdiction of the cause.
[54:25.000 --> 54:33.000]  Now, take Antonio Bueller's case, for instance. They dropped the felony charges and the Class A and B misdemeanors,
[54:33.000 --> 54:43.000]  and they had the grand jury indict him on a Class C, and then the municipal court prosecuted the indictment.
[54:43.000 --> 54:55.000]  This BS that the courts pull about saying indictments are not required for Class Cs trying to use the basis of Article 1, Section 10,
[54:55.000 --> 55:08.000]  being amended back in 1909, created a direct and immediate conflict with Article 5, Section 21, which was redone, by the way, in 2000,
[55:08.000 --> 55:20.000]  and these provisions of the Code of Criminal Procedure, which were done in 1965 and taking effect in 1966.
[55:20.000 --> 55:31.000]  So right after the Constitution was allegedly amended back in 59, they turn around in 65
[55:31.000 --> 55:38.000]  and amend the Code of Criminal Procedure to still require the indictments to be had for Class Cs.
[55:38.000 --> 55:50.000]  And in fact, according to this, indictments for Class Cs are to be sent to justice courts, never to a municipal court, never.
[55:50.000 --> 56:02.000]  So the prosecution of Bueller on an indictment in a municipal court was unconstitutional and illegal.
[56:02.000 --> 56:05.000]  That certainly works for me.
[56:05.000 --> 56:08.000]  That would call for an acquittal.
[56:08.000 --> 56:15.000]  Well, he won the case, but that means that the court prosecuted absent all jurisdiction.
[56:15.000 --> 56:20.000]  Nobody's safe from a lawsuit in that, nobody from malicious prosecution.
[56:20.000 --> 56:24.000]  Right, that's exactly what I was going to say, sue the judge.
[56:24.000 --> 56:29.000]  Oh, and the prosecutor because they were not acting as a prosecutor in this case.
[56:29.000 --> 56:38.000]  They have no immunity for what they did as a prosecutor because they weren't acting as a prosecutor.
[56:38.000 --> 56:41.000]  This is how we fix the system.
[56:41.000 --> 56:53.000]  You and I, as the masters of the servants, need to take these masters, these servants to task.
[56:53.000 --> 56:57.000]  And it's great fun doing it.
[56:57.000 --> 57:01.000]  Certainly can be. I'd have to agree with you there.
[57:01.000 --> 57:07.000]  When that shoes change his feet, it's a whole lot different.
[57:07.000 --> 57:16.000]  And I recently was in court and did something that it wasn't what I intended when it started.
[57:16.000 --> 57:23.000]  I didn't expect it to go that way, but it turned out to demonstrate something incredibly powerful.
[57:23.000 --> 57:26.000]  When the court started, I went up and stood at the bar.
[57:26.000 --> 57:29.000]  And it's because I legitimately forgot my hearing aid.
[57:29.000 --> 57:31.000]  I couldn't hear.
[57:31.000 --> 57:35.000]  So the judge finally looked up and he saw me standing there and said, can I help you?
[57:35.000 --> 57:40.000]  I said, yes, Your Honor, I have a hearing deficiency.
[57:40.000 --> 57:44.000]  So I told him my name is Randy Kelton and I have a hearing deficiency.
[57:44.000 --> 57:45.000]  So what do you do, Mr. Kelton?
[57:45.000 --> 57:47.000]  Well, just what's wrong with your hearing?
[57:47.000 --> 57:53.000]  Oh, well, Judge, I was down in Mexico the other day and I drank too much of that cheap tequila and I forgot.
[57:53.000 --> 57:55.000]  I lost my hearing aid.
[57:55.000 --> 57:57.000]  He said, well, why are you telling me this?
[57:57.000 --> 58:01.000]  I said, well, Your Honor, do you have accommodation for the hearing impaired?
[58:01.000 --> 58:03.000]  No, Mr. Kelton, I do not.
[58:03.000 --> 58:06.000]  Well, I see you have a sound system here when you turn it up.
[58:06.000 --> 58:08.000]  No, I will not.
[58:08.000 --> 58:10.000]  Well, then will you speak up?
[58:10.000 --> 58:11.000]  And he did.
[58:11.000 --> 58:16.000]  I told the bailiff I didn't sit down and shut up, but he stole me out of the courtroom.
[58:16.000 --> 58:28.000]  When my hearing was over, I asked the bailiff to come out with me and asked him to arrest the judge for failing to provide accommodation under the Americans with Disabilities Act.
[58:28.000 --> 58:33.000]  And the judge and the bailiff said, well, why didn't you tell me about the Americans with Disabilities Act?
[58:33.000 --> 58:36.000]  Heck, if I had done that, he might have turned the sound up.
[58:36.000 --> 58:39.000]  And we'll be right back after this brief message.
[58:39.000 --> 58:42.000]  I didn't want you to run off the cliff again, Randy.
[58:42.000 --> 58:44.000]  I was watching.
[58:44.000 --> 58:49.000]  You're listening to Randy Kelton, Steve Skidmore and Eddie Craig on Rule of Law.
[58:49.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation, and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
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[59:24.000 --> 59:28.000]  growing in Christ and how to build up the church.
[59:28.000 --> 59:34.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:34.000 --> 59:40.000]  call Bibles for America toll free at 888-551-0102.
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[59:50.000 --> 01:00:03.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.000 --> 01:00:10.000]  This is the Liberty Beat, your daily source for Liberty News and activist updates, online at thelibertybeat.com.
[01:00:10.000 --> 01:00:14.000]  I'm Brian Hagan with your Liberty Beat for Friday, March 6, 2015.
[01:00:14.000 --> 01:00:17.000]  Gold is trading at $1,198.
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[01:00:50.000 --> 01:00:55.000]  In the news, former Secretary of State Hillary Clinton has come under fire for using a personal email
[01:00:55.000 --> 01:00:58.000]  that may have compromised sensitive government intelligence.
[01:00:58.000 --> 01:01:04.000]  Clinton's emails have been subpoenaed by the House Committee investigating the 2012 terror attack in Benghazi.
[01:01:04.000 --> 01:01:08.000]  Security experts are seeking information on whether or not her email was encrypted
[01:01:08.000 --> 01:01:10.000]  and who had access to the account.
[01:01:10.000 --> 01:01:15.000]  On Thursday, Fox News reported a 2011 State Department email shows Clinton warning her employees
[01:01:15.000 --> 01:01:18.000]  not to use personal emails for security reasons,
[01:01:18.000 --> 01:01:24.000]  while at the same time conducting government business on her private account.
[01:01:24.000 --> 01:01:30.000]  The Maryland Child Protective Services has found a couple guilty of unsubstantiated child neglect
[01:01:30.000 --> 01:01:34.000]  for allowing their children to walk home alone from a neighborhood park.
[01:01:34.000 --> 01:01:40.000]  Danielle and Alexander Madoff of Silver Springs, Maryland have been under investigation by the CPS since December
[01:01:40.000 --> 01:01:43.000]  for their free-range parenting philosophy.
[01:01:43.000 --> 01:01:46.000]  No criminal charges have been filed against the parents.
[01:01:46.000 --> 01:01:49.000]  It remains to be seen what actions the CPS will take.
[01:01:49.000 --> 01:01:52.000]  The couple told Nightline in an email that they were shocked and outraged
[01:01:52.000 --> 01:02:00.000]  that they had been deemed negligent for giving their children simple freedom to play outdoors.
[01:02:00.000 --> 01:02:06.000]  The last letter supposedly written by recently murdered Russian opposition activist Boris Nemtsov has been discovered.
[01:02:06.000 --> 01:02:11.000]  Nemtsov's close friend Olga Sharina showed Reuters a letter that seemed to indicate the activist
[01:02:11.000 --> 01:02:16.000]  was investigating claims that Moscow has been backing separatist fighters in eastern Ukraine.
[01:02:16.000 --> 01:02:19.000]  The claims could not be immediately verified.
[01:02:19.000 --> 01:02:23.000]  The Liberty Beat is sponsored by My Magic Mud, detoxifying tooth powder,
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[01:02:51.000 --> 01:02:56.000]  This is the Liberty Beat for Friday, March 6, 2015.
[01:02:56.000 --> 01:03:00.000]  Make sure you check out the website at thelibertybeat.com.
[01:03:26.000 --> 01:03:27.000]  I will.
[01:03:27.000 --> 01:03:29.000]  Till he returns.
[01:03:29.000 --> 01:03:30.000]  I will.
[01:03:30.000 --> 01:03:31.000]  I will.
[01:03:31.000 --> 01:03:33.000]  Till I find my father's house.
[01:03:33.000 --> 01:03:37.000]  He has loved me with his strength and with love.
[01:03:37.000 --> 01:03:38.000]  I will.
[01:03:38.000 --> 01:03:40.000]  Able my concern.
[01:03:40.000 --> 01:03:41.000]  I will.
[01:03:41.000 --> 01:03:42.000]  I will.
[01:03:42.000 --> 01:03:44.000]  Till I find my father's house.
[01:03:44.000 --> 01:03:48.000]  Till I find my father's house.
[01:03:48.000 --> 01:03:49.000]  I will.
[01:03:49.000 --> 01:03:51.000]  Till I can change.
[01:03:51.000 --> 01:03:52.000]  I will.
[01:03:52.000 --> 01:03:53.000]  I will.
[01:03:53.000 --> 01:03:55.000]  Till I find my father's house.
[01:03:55.000 --> 01:03:56.000]  I will.
[01:03:56.000 --> 01:03:58.000]  I will.
[01:03:58.000 --> 01:04:03.000]  Welcome back to Rule All Radio, folks.
[01:04:03.000 --> 01:04:05.000]  We're gonna go back to the forms now.
[01:04:05.000 --> 01:04:19.000]  There's still quite a bit to ferret out about the grand jury issue and all other criminal stuff, but we've got a first time caller, Jeff in Texas.
[01:04:19.000 --> 01:04:20.000]  Good evening, Jeff.
[01:04:20.000 --> 01:04:22.000]  What do you got for us?
[01:04:22.000 --> 01:04:32.120]  Well, I am actually calling about a property that I live in, pay about $1,500 a month in
[01:04:32.120 --> 01:04:38.680]  rent, and I measured the square footage in here, just the four square footage, it's around
[01:04:38.680 --> 01:04:41.440]  800 square feet.
[01:04:41.440 --> 01:04:50.940]  And since we moved into the property, my girlfriend and I, in August, we have had three utility
[01:04:50.940 --> 01:04:53.720]  bills that have gone beyond $400.
[01:04:53.720 --> 01:04:54.720]  Wow.
[01:04:54.720 --> 01:04:59.000]  I take it that place is not very well insulated.
[01:04:59.000 --> 01:05:02.280]  Well, that's true.
[01:05:02.280 --> 01:05:11.080]  We have investigated that on our own and there's not much exterior wall insulation, but I'm
[01:05:11.080 --> 01:05:18.320]  so concerned that there's something going on in the attic with the duct work.
[01:05:18.320 --> 01:05:25.000]  But we have brought this up to our management company multiple times, and they've simply
[01:05:25.000 --> 01:05:31.360]  just sent someone out to look at the HVAC system and just tinker with that and go, oh,
[01:05:31.360 --> 01:05:38.960]  your filter is dirty, that's probably the cause, or any myriad of things like, oh, maybe
[01:05:38.960 --> 01:05:42.320]  your toilet's running or whatever.
[01:05:42.320 --> 01:05:48.600]  But we've just gotten to the point to where we really want to get out of our lease.
[01:05:48.600 --> 01:05:57.400]  And I'm just wondering, as far as Texas renters' rights, what rights do they have to pursue
[01:05:57.400 --> 01:05:58.400]  this?
[01:05:58.400 --> 01:05:59.400]  Okay.
[01:05:59.400 --> 01:06:04.320]  Are you talking, there's, you've got two different words here, rent and lease.
[01:06:04.320 --> 01:06:08.700]  Rent you do by the month, lease is a contract over multiple months.
[01:06:08.700 --> 01:06:11.880]  How long do you have left on your lease?
[01:06:11.880 --> 01:06:21.560]  Well, we have until, I do believe, it's August, so it's a year lease.
[01:06:21.560 --> 01:06:23.880]  So you've got another six months?
[01:06:23.880 --> 01:06:25.400]  Yes.
[01:06:25.400 --> 01:06:27.960]  Okay.
[01:06:27.960 --> 01:06:33.160]  What language in your lease, keep in mind, your lease agreement is a contract?
[01:06:33.160 --> 01:06:34.160]  Yes.
[01:06:34.160 --> 01:06:42.560]  So long as there are not terms in the contract or elements or covenants of the contract that
[01:06:42.560 --> 01:06:48.820]  violate statute or constitution, then the contract writes the law.
[01:06:48.820 --> 01:06:56.400]  If you signed it without any kind of a line throughs, if you didn't give a counteroffer
[01:06:56.400 --> 01:07:00.940]  or anything, you accepted the contract in its entirety.
[01:07:00.940 --> 01:07:08.360]  So I would go to the contract, your lease agreement, and see what you would have to
[01:07:08.360 --> 01:07:11.520]  do to break the lease.
[01:07:11.520 --> 01:07:15.800]  Every lease agreement has some sort of way out.
[01:07:15.800 --> 01:07:23.240]  Some are expensive, some are just, you know, give us written notice.
[01:07:23.240 --> 01:07:27.920]  Some say you've got to find a sub letter, you know, you've got to find someone else
[01:07:27.920 --> 01:07:31.560]  to assume the rest of your lease, whatever.
[01:07:31.560 --> 01:07:37.640]  I would go and see what that contract says, because you are bound by that contract.
[01:07:37.640 --> 01:07:38.640]  Okay.
[01:07:38.640 --> 01:07:44.680]  All right, well, yeah, I will do so.
[01:07:44.680 --> 01:07:52.600]  Yeah, is there any way, I understand that there will probably be detailed in the lease,
[01:07:52.600 --> 01:08:00.360]  but is there any way to light a fire under their butt to get them some action when it
[01:08:00.360 --> 01:08:03.320]  comes to our utility bills?
[01:08:03.320 --> 01:08:10.480]  Yes, there is, but it's expensive.
[01:08:10.480 --> 01:08:12.240]  You can hire an attorney.
[01:08:12.240 --> 01:08:13.240]  Yeah.
[01:08:13.240 --> 01:08:20.840]  Now, the reason I say hire an attorney is so long as it's you calling, complaining,
[01:08:20.840 --> 01:08:22.840]  they don't care.
[01:08:22.840 --> 01:08:23.840]  Yeah.
[01:08:23.840 --> 01:08:24.840]  They don't care.
[01:08:24.840 --> 01:08:31.000]  And when they get something from the letterhead of a law firm, now they start to care.
[01:08:31.000 --> 01:08:32.000]  Yeah.
[01:08:32.000 --> 01:08:33.000]  Okay.
[01:08:33.000 --> 01:08:36.400]  I have a couple of questions.
[01:08:36.400 --> 01:08:46.120]  In the area that you live in for a 800 square foot property, what is the average cost to
[01:08:46.120 --> 01:08:51.080]  heat the property in a similar manner to which you're heating it?
[01:08:51.080 --> 01:08:52.080]  What's saying that?
[01:08:52.080 --> 01:08:54.080]  Do you heat with electric or gas?
[01:08:54.080 --> 01:09:01.480]  Well, here's the thing when we moved in- Yeah, what are your neighbors, are you living in
[01:09:01.480 --> 01:09:02.480]  a unit?
[01:09:02.480 --> 01:09:03.480]  Yeah.
[01:09:03.480 --> 01:09:05.520]  It's a duplex, actually.
[01:09:05.520 --> 01:09:06.520]  Okay.
[01:09:06.520 --> 01:09:09.840]  What's your neighbor's bill like?
[01:09:09.840 --> 01:09:13.880]  Is it astronomical like this, 400 bucks a month?
[01:09:13.880 --> 01:09:19.720]  They have a smaller place and they haven't actually told me the amount.
[01:09:19.720 --> 01:09:25.920]  They did say that their bills are higher than what they expected.
[01:09:25.920 --> 01:09:33.520]  And I have good friends here in the neighborhood that have similar size places that we have.
[01:09:33.520 --> 01:09:37.760]  And their bills are half of what we pay.
[01:09:37.760 --> 01:09:38.760]  Okay.
[01:09:38.760 --> 01:09:41.040]  Now you're getting somewhere.
[01:09:41.040 --> 01:09:49.680]  So now you and your immediate neighbor, if you're in unit A, then the guy in unit B,
[01:09:49.680 --> 01:09:53.040]  now you can both team up.
[01:09:53.040 --> 01:10:02.880]  You can split the legal fees on sending the notice or whatever it is an attorney would
[01:10:02.880 --> 01:10:05.000]  choose to do.
[01:10:05.000 --> 01:10:07.760]  And you can put the double pressure on it.
[01:10:07.760 --> 01:10:12.400]  Now what you're going to have to do is go to your other neighbors with similar square
[01:10:12.400 --> 01:10:22.000]  footage that have half the amount of the utility bills and pressure this guy to do something
[01:10:22.000 --> 01:10:23.960]  about it.
[01:10:23.960 --> 01:10:24.960]  Insulate the place.
[01:10:24.960 --> 01:10:27.400]  Blow some insulation in the attic or something.
[01:10:27.400 --> 01:10:28.400]  Yeah.
[01:10:28.400 --> 01:10:31.320]  Well, one thing you might...
[01:10:31.320 --> 01:10:34.800]  Did you have the electric company come out and check the meter?
[01:10:34.800 --> 01:10:40.240]  Yeah, we tried multiple times.
[01:10:40.240 --> 01:10:42.960]  We had a problem like that once.
[01:10:42.960 --> 01:10:49.160]  And the fourth time I called the electric company, I told them that the meter is going
[01:10:49.160 --> 01:10:52.160]  to break.
[01:10:52.160 --> 01:10:53.840]  And they said, the meter is going to break?
[01:10:53.840 --> 01:10:58.160]  I said, yeah, when I hit it with a sledgehammer.
[01:10:58.160 --> 01:10:59.160]  They said, okay, okay.
[01:10:59.160 --> 01:11:03.360]  They came out, changed the meter or bill cut in half.
[01:11:03.360 --> 01:11:05.160]  Oh.
[01:11:05.160 --> 01:11:07.560]  It could well be a faulty meter.
[01:11:07.560 --> 01:11:17.480]  It could well be that the person that owns the property has something tapped into your
[01:11:17.480 --> 01:11:21.440]  system that's drawing power from yours to do something else.
[01:11:21.440 --> 01:11:23.720]  Are you heating with electric or gas?
[01:11:23.720 --> 01:11:31.920]  Well, when we moved in, we noticed we had in the hallway in one portion of the house,
[01:11:31.920 --> 01:11:34.640]  one of those upright gas heaters.
[01:11:34.640 --> 01:11:35.640]  And it looks old.
[01:11:35.640 --> 01:11:39.720]  I mean, we were a bit worried about even using it.
[01:11:39.720 --> 01:11:47.520]  So I see a thermostat on the wall without a space plate and then another one next to
[01:11:47.520 --> 01:11:48.520]  it that...
[01:11:48.520 --> 01:11:49.520]  Okay.
[01:11:49.520 --> 01:11:50.520]  Okay.
[01:11:50.520 --> 01:11:51.520]  Hold on.
[01:11:51.520 --> 01:11:52.520]  Have you looked at the furnace?
[01:11:52.520 --> 01:11:53.520]  Yes.
[01:11:53.520 --> 01:11:55.800]  Now, the gas is not a problem.
[01:11:55.800 --> 01:11:56.800]  This is the only...
[01:11:56.800 --> 01:12:00.680]  I'm trying to get an answer here.
[01:12:00.680 --> 01:12:05.520]  Do you heat with gas or electric?
[01:12:05.520 --> 01:12:08.440]  We're heating with gas right now to save money.
[01:12:08.440 --> 01:12:16.320]  When we use the electric system, either air conditioning or heating, our bill is through
[01:12:16.320 --> 01:12:19.120]  the roof.
[01:12:19.120 --> 01:12:21.880]  So you've got your choice of gas or electric.
[01:12:21.880 --> 01:12:26.880]  Well, yeah, but the gas is only in one portion of the house.
[01:12:26.880 --> 01:12:27.880]  Oh, no.
[01:12:27.880 --> 01:12:32.600]  The whole area of the house that we can't even utilize when it's really cold or really
[01:12:32.600 --> 01:12:33.600]  hot.
[01:12:33.600 --> 01:12:34.600]  Okay.
[01:12:34.600 --> 01:12:35.600]  Okay.
[01:12:35.600 --> 01:12:40.120]  Then I'm assuming based on what you've told me that this is an older apartment, it's not
[01:12:40.120 --> 01:12:41.120]  a new one.
[01:12:41.120 --> 01:12:42.120]  Yes.
[01:12:42.120 --> 01:12:43.120]  It's older.
[01:12:43.120 --> 01:12:44.120]  Definitely.
[01:12:44.120 --> 01:12:51.040]  So you need to read the contract very carefully and see what it says.
[01:12:51.040 --> 01:12:52.520]  You may be stuck.
[01:12:52.520 --> 01:12:53.520]  Okay.
[01:12:53.520 --> 01:13:06.280]  You may have a property that's not properly insulated and are there any requirements concerning
[01:13:06.280 --> 01:13:07.280]  insulation?
[01:13:07.280 --> 01:13:09.880]  Steve, you know anything about that?
[01:13:09.880 --> 01:13:12.880]  No, I don't.
[01:13:12.880 --> 01:13:21.600]  When I rent a place, do I have a reasonable expectation that the property will be in a
[01:13:21.600 --> 01:13:29.120]  condition such that it does not surprise me with an inordinately high heating or cooling
[01:13:29.120 --> 01:13:30.120]  bill?
[01:13:30.120 --> 01:13:38.400]  I wouldn't think so because all your lease and rent agreements are as is.
[01:13:38.400 --> 01:13:40.840]  That's what I was afraid of.
[01:13:40.840 --> 01:13:45.540]  You may not have a claim or not have a simple claim.
[01:13:45.540 --> 01:13:52.800]  You may have a really innovative out of the box claim, but those are really hard to get
[01:13:52.800 --> 01:13:53.800]  adjudicated.
[01:13:53.800 --> 01:13:59.160]  Before I hire a lawyer, I would want to do a lot of research, especially read that lease
[01:13:59.160 --> 01:14:01.520]  agreement a couple of times.
[01:14:01.520 --> 01:14:02.520]  Okay.
[01:14:02.520 --> 01:14:03.520]  Yeah.
[01:14:03.520 --> 01:14:08.280]  Again, in contract law, the contract writes the law so long as it does not violate any
[01:14:08.280 --> 01:14:10.960]  statutes or rules.
[01:14:10.960 --> 01:14:13.080]  Okay.
[01:14:13.080 --> 01:14:20.360]  In regard to the electric company and not wanting to come out and check the meter, well,
[01:14:20.360 --> 01:14:21.960]  what incentive would they have?
[01:14:21.960 --> 01:14:25.440]  Hell, they're making 400 bucks a month off of you.
[01:14:25.440 --> 01:14:26.440]  Exactly.
[01:14:26.440 --> 01:14:33.120]  I tend to agree with Randy that you're fixing to incur a loss here in the next 48 hours
[01:14:33.120 --> 01:14:37.160]  if somebody doesn't come out here and look at this.
[01:14:37.160 --> 01:14:44.360]  I had this premonition that some burglar was going to break in and steal my meter and throw
[01:14:44.360 --> 01:14:48.480]  it in the floor and bust it all to pieces.
[01:14:48.480 --> 01:14:52.240]  They didn't get you under the Patriot Act, they're saying that you're going to smash
[01:14:52.240 --> 01:14:54.760]  the meter.
[01:14:54.760 --> 01:14:55.760]  Not yet, anyway.
[01:14:55.760 --> 01:14:56.760]  Not yet.
[01:14:56.760 --> 01:14:57.760]  Thank you guys so much.
[01:14:57.760 --> 01:14:58.760]  You're quite welcome.
[01:14:58.760 --> 01:14:59.760]  You got any other issues?
[01:14:59.760 --> 01:15:00.760]  No.
[01:15:00.760 --> 01:15:11.400]  Fortunately, that's the only one, everything else is going pretty well.
[01:15:11.400 --> 01:15:15.520]  Before we let you go, since you're a first-time caller, I'm dying to ask you, how long have
[01:15:15.520 --> 01:15:20.200]  you been listening to Rule of Law Radio or Logos?
[01:15:20.200 --> 01:15:21.200]  You know, years.
[01:15:21.200 --> 01:15:22.200]  Good.
[01:15:22.200 --> 01:15:25.520]  Well, it's about time you called in.
[01:15:25.520 --> 01:15:26.520]  Don't be such a stranger.
[01:15:26.520 --> 01:15:27.520]  Well, thank you guys so much.
[01:15:27.520 --> 01:15:34.800]  You guys still do your functions that break me books sometimes, right?
[01:15:34.800 --> 01:15:36.800]  Eddie does, every Sunday.
[01:15:36.800 --> 01:15:37.800]  Okay.
[01:15:37.800 --> 01:15:40.520]  Eddie, you want to do a little shameless self-promotion?
[01:15:40.520 --> 01:15:42.880]  Sure, why not?
[01:15:42.880 --> 01:15:50.440]  Yeah, I have my legal due process and misdemeanor seminar down there from two to five every
[01:15:50.440 --> 01:15:52.120]  Sunday.
[01:15:52.120 --> 01:15:54.200]  We usually run until almost six o'clock.
[01:15:54.200 --> 01:15:57.800]  It just depends upon what else is going on.
[01:15:57.800 --> 01:15:59.480]  Well, awesome.
[01:15:59.480 --> 01:16:01.800]  I'll come visit you.
[01:16:01.800 --> 01:16:04.800]  It's well worth it.
[01:16:04.800 --> 01:16:05.800]  I'm sure it is.
[01:16:05.800 --> 01:16:07.880]  Eddie's a very knowledgeable man.
[01:16:07.880 --> 01:16:10.280]  I need to go say hi to Harlan anyway.
[01:16:10.280 --> 01:16:14.400]  I know he's not around that place much anymore, but maybe I'll...
[01:16:14.400 --> 01:16:17.400]  I saw him a day before yesterday.
[01:16:17.400 --> 01:16:18.400]  Oh, yeah?
[01:16:18.400 --> 01:16:21.400]  Yeah, he was down there.
[01:16:21.400 --> 01:16:22.960]  Anyway, thank you, Jeff.
[01:16:22.960 --> 01:16:25.800]  I appreciate you calling in, we all do.
[01:16:25.800 --> 01:16:28.920]  And if there's nothing else, we'll move on to the next caller.
[01:16:28.920 --> 01:16:29.920]  All right.
[01:16:29.920 --> 01:16:31.920]  Thank you all so much.
[01:16:31.920 --> 01:16:32.920]  Perfect.
[01:16:32.920 --> 01:16:33.920]  Thank you.
[01:16:33.920 --> 01:16:35.840]  And I hear the music in the background.
[01:16:35.840 --> 01:16:39.720]  When we come back, we'll go to Illinois and we'll visit with Joe.
[01:16:39.720 --> 01:16:42.720]  Eddie, you want to stay on with us?
[01:16:42.720 --> 01:16:44.720]  Yeah, I can do that.
[01:16:44.720 --> 01:16:45.720]  Okay, good.
[01:16:45.720 --> 01:16:50.600]  It's nice to have a visitor on the air this Friday.
[01:16:50.600 --> 01:16:53.640]  512-646-1984.
[01:16:53.640 --> 01:16:55.920]  One slot just opened and this is...
[01:16:55.920 --> 01:17:01.000]  We're getting down to the last chance to call in, so if you want to, you'd better...
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[01:19:24.920 --> 01:19:38.840]  Welcome back to Rural Law Radio, folks, and as promised, we're going to Illinois and
[01:19:38.840 --> 01:19:39.840]  visit with Joe.
[01:19:39.840 --> 01:19:40.840]  Good evening, Joe.
[01:19:40.840 --> 01:19:43.840]  What you got for us tonight?
[01:19:43.840 --> 01:19:45.880]  Hello, Joe.
[01:19:45.880 --> 01:19:47.360]  Can you hear me?
[01:19:47.360 --> 01:19:48.880]  We can hear you just fine.
[01:19:48.880 --> 01:19:49.880]  You got to speak, though.
[01:19:49.880 --> 01:20:00.120]  Hang on, hang on just a second, Joe.
[01:20:00.120 --> 01:20:03.520]  Whoever's rustling around back there, mute or stop it.
[01:20:03.520 --> 01:20:05.520]  We can't hear Joe in Illinois.
[01:20:05.520 --> 01:20:06.520]  Okay.
[01:20:06.520 --> 01:20:07.520]  Try it again, Joe.
[01:20:07.520 --> 01:20:08.520]  Okay.
[01:20:08.520 --> 01:20:21.640]  Over a month ago, I filed two criminal complaints against the foreclosure at the attorney.
[01:20:21.640 --> 01:20:33.400]  This was filed in a state attorney office, and so far I didn't hear nothing about the
[01:20:33.400 --> 01:20:40.880]  complaint about if they're doing anything or something like this, and the complaint
[01:20:40.880 --> 01:20:49.680]  was about forgery of documents, including security instruments and counterfeiting of
[01:20:49.680 --> 01:20:50.680]  the law.
[01:20:50.680 --> 01:20:51.680]  Okay.
[01:20:51.680 --> 01:21:04.840]  So my question and concern is that the state attorney might thrash it, because I remember
[01:21:04.840 --> 01:21:14.120]  when they sometimes told that this document could just go to thrash right away, but my
[01:21:14.120 --> 01:21:19.360]  document was thrown and not aroused.
[01:21:19.360 --> 01:21:25.920]  So I have a hope that, you know, it's going to be, you know, taken into consideration.
[01:21:25.920 --> 01:21:32.080]  And there is one more thing, you know, which I want to mention.
[01:21:32.080 --> 01:21:42.160]  I filed at the end of December a misconduct complaint against state attorney assistant
[01:21:42.160 --> 01:21:54.680]  for not investigating my previous complaint against not a republic, and I'm just wondering
[01:21:54.680 --> 01:21:59.560]  if this has some connection, because, you know, they might be just, you know, some kind
[01:21:59.560 --> 01:22:05.200]  of angry or maybe just, you know, not trust me at all.
[01:22:05.200 --> 01:22:12.200]  So they might just thrash, you know, these two criminal complaints, which I just, you
[01:22:12.200 --> 01:22:17.120]  know, like to go forward with it.
[01:22:17.120 --> 01:22:26.520]  So what do you think, you know, is it, because, you know, yesterday Randy was, you know, talking
[01:22:26.520 --> 01:22:38.880]  about filing with magistrates, and because magistrates have greater, you know, power,
[01:22:38.880 --> 01:22:39.880]  and...
[01:22:39.880 --> 01:22:44.640]  Okay, let's take this one step at a time.
[01:22:44.640 --> 01:22:49.240]  Eddie, Randy, criminal stuff is more your forte, I'm going to bow out of this one.
[01:22:49.240 --> 01:22:58.640]  Okay, here's the problem, is you filed it with a, the state attorney general, or is
[01:22:58.640 --> 01:23:01.440]  that who you filed it with?
[01:23:01.440 --> 01:23:06.760]  I filed with the state attorney general, filed a complaint.
[01:23:06.760 --> 01:23:08.920]  Okay, hold on Joe.
[01:23:08.920 --> 01:23:15.960]  First question, in the state of Illinois, does the attorney general have prosecutorial
[01:23:15.960 --> 01:23:16.960]  power?
[01:23:16.960 --> 01:23:21.400]  What they told me is that, no, they don't, they don't.
[01:23:21.400 --> 01:23:24.680]  No, no, no, don't pay any attention to what they tell you.
[01:23:24.680 --> 01:23:27.480]  Okay, they told you they don't.
[01:23:27.480 --> 01:23:29.280]  You need to look at the code.
[01:23:29.280 --> 01:23:35.160]  But normally you would not want to file with a prosecutor first, you'd want to file with
[01:23:35.160 --> 01:23:37.560]  a magistrate.
[01:23:37.560 --> 01:23:43.920]  The prosecutor does not have a specific duty to act on a criminal complaint.
[01:23:43.920 --> 01:23:50.200]  You know, here in Texas, he doesn't have a duty to prosecute just because you file one
[01:23:50.200 --> 01:23:53.320]  with it.
[01:23:53.320 --> 01:24:01.080]  If you file it with a magistrate, and then the magistrate has a specific duty to hear
[01:24:01.080 --> 01:24:04.240]  and act on that complaint.
[01:24:04.240 --> 01:24:08.440]  So the problem is, it's the wrong one, now you need to take it to a magistrate.
[01:24:08.440 --> 01:24:16.960]  And when the magistrate refuses to act on it, now, okay, if the magistrate holds an
[01:24:16.960 --> 01:24:26.080]  examining trial, and then enters a ruling of no probable cause, the only thing you do
[01:24:26.080 --> 01:24:29.520]  is take it to another magistrate.
[01:24:29.520 --> 01:24:34.880]  If the magistrate does not hold an examining trial, which almost certainly they will not,
[01:24:34.880 --> 01:24:41.320]  now you can file a complaint against the magistrate and follow the routine.
[01:24:41.320 --> 01:24:44.080]  This is all about creating political pressure.
[01:24:44.080 --> 01:24:50.160]  Okay, but to whom you can file against the magistrate?
[01:24:50.160 --> 01:24:51.160]  With another magistrate.
[01:24:51.160 --> 01:24:52.160]  Oh, okay.
[01:24:52.160 --> 01:25:00.960]  And that's the best thing, you go to this second magistrate, and you file with him a
[01:25:00.960 --> 01:25:06.760]  complaint against another magistrate, because the other magistrate didn't do what you're
[01:25:06.760 --> 01:25:10.960]  asking this one to do.
[01:25:10.960 --> 01:25:14.000]  He's going to see that as fair warning.
[01:25:14.000 --> 01:25:17.360]  He's going to know you're setting them up.
[01:25:17.360 --> 01:25:22.240]  And that's how we build political pressure, because they're all going to be PO'd at the
[01:25:22.240 --> 01:25:27.840]  one you were originally filing against for getting them into all this trouble.
[01:25:27.840 --> 01:25:34.080]  So since you filed with the attorney general, you need to read the code and see what power
[01:25:34.080 --> 01:25:35.920]  the attorney general has.
[01:25:35.920 --> 01:25:39.840]  And I'll explain what you're looking for.
[01:25:39.840 --> 01:25:52.000]  In Texas, the attorney general until 2007 had no prosecutorial power except in a criminal
[01:25:52.000 --> 01:25:58.280]  complaint against a district or county attorney for violating the open records act.
[01:25:58.280 --> 01:26:01.720]  That's the only time he was the prosecutor.
[01:26:01.720 --> 01:26:08.560]  He was authorized to assist prosecutors, but he could not be the prosecutor of record.
[01:26:08.560 --> 01:26:15.920]  Except in that one case in 2007, they extended it to complaints against public officials.
[01:26:15.920 --> 01:26:21.000]  Other than that, our attorney general has no prosecutorial powers.
[01:26:21.000 --> 01:26:29.040]  So you need to look at your state to see what the duty of the prosecutor is.
[01:26:29.040 --> 01:26:38.440]  If he is named as a prosecutor for the state, then you can invoke his duty.
[01:26:38.440 --> 01:26:45.680]  Otherwise, you need to start with someone that you can say, this statute says that this
[01:26:45.680 --> 01:26:52.520]  official has a duty in this circumstance to do this certain thing, and he failed to do
[01:26:52.520 --> 01:26:53.520]  this certain thing.
[01:26:53.520 --> 01:26:56.520]  Does that make sense, Joe?
[01:26:56.520 --> 01:26:59.280]  Oh, yes, it does.
[01:26:59.280 --> 01:27:07.080]  But imagine that I filed basically to the general attorney misconduct against the state
[01:27:07.080 --> 01:27:08.080]  attorney.
[01:27:08.080 --> 01:27:15.120]  But the complaints, which I just filed recently, the two complaints, I just filed with the
[01:27:15.120 --> 01:27:16.120]  attorney general.
[01:27:16.120 --> 01:27:17.120]  Okay.
[01:27:17.120 --> 01:27:22.040]  Here's your problem when you file a criminal complaint.
[01:27:22.040 --> 01:27:28.640]  While you have a duty to give notice of crime by filing a criminal complaint, you have no
[01:27:28.640 --> 01:27:32.360]  standing concerning that complaint.
[01:27:32.360 --> 01:27:35.120]  You just give notice.
[01:27:35.120 --> 01:27:43.480]  And the prosecutor, he has certain duties, but you don't have anything to say about that.
[01:27:43.480 --> 01:27:49.280]  So what you have to do is find somebody that is specifically required to do a certain thing
[01:27:49.280 --> 01:27:55.160]  when they receive a criminal complaint, and then go invoke their duty to do that thing
[01:27:55.160 --> 01:27:57.400]  so that when they don't, you can go after them.
[01:27:57.400 --> 01:27:59.880]  You may not have a shot at the attorney general.
[01:27:59.880 --> 01:28:06.600]  You may have to start this over by going to a magistrate.
[01:28:06.600 --> 01:28:12.600]  Any judge is a magistrate, and you want to get to the highest level judge you can as
[01:28:12.600 --> 01:28:15.920]  fast as you can.
[01:28:15.920 --> 01:28:21.600]  The higher level judge that you're kicking in the political pants, the more politics
[01:28:21.600 --> 01:28:29.880]  you'll create, and the less likely you are to have somebody try to mess with you.
[01:28:29.880 --> 01:28:35.120]  The police and the prosecutors, they're terrified of these high level judges.
[01:28:35.120 --> 01:28:40.960]  So if you file against a high level judge, I did that in the county I live in, and then
[01:28:40.960 --> 01:28:48.520]  a policeman come out because I was doing some propane gas welding on plastic when we had
[01:28:48.520 --> 01:28:53.240]  a fire ban on, and he told me I couldn't have that open flame.
[01:28:53.240 --> 01:29:00.760]  And I accused him of coming down harassing me just because I filed a criminal complaint
[01:29:00.760 --> 01:29:04.360]  against the district judge in my county.
[01:29:04.360 --> 01:29:08.480]  And this terrified him.
[01:29:08.480 --> 01:29:13.040]  When I told him that, he stepped back, said, one moment, Mr. Kelton, took out his cell
[01:29:13.040 --> 01:29:15.360]  phone, called his chief.
[01:29:15.360 --> 01:29:16.760]  I live next door to City Hall.
[01:29:16.760 --> 01:29:22.520]  The chief police stepped out and said, Randy, what are you doing to my new officer?
[01:29:22.520 --> 01:29:26.920]  And I told him, oh, Tom, I was just jerking his chain.
[01:29:26.920 --> 01:29:35.280]  And the officer said, oh my, I saw my whole career pass before my eyes.
[01:29:35.280 --> 01:29:38.760]  They are terrified of these high level officials.
[01:29:38.760 --> 01:29:46.760]  So that keeps you from having any retaliation come back at you, because if anybody says
[01:29:46.760 --> 01:29:51.600]  anything, you blame that high level official, and he is really going to be upset.
[01:29:51.600 --> 01:29:52.600]  Hang on.
[01:29:52.600 --> 01:29:53.600]  Go into break.
[01:29:53.600 --> 01:29:58.760]  Randy Kelton, Steve Skidmore here with Eddie Craig, The Wheel of Law Radio, we'll be right
[01:29:58.760 --> 01:29:59.760]  back.
[01:29:59.760 --> 01:30:07.520]  Cash used to be king, but now could it land you in jail?
[01:30:07.520 --> 01:30:10.680]  Several countries, including the US, are clamping down on paper money.
[01:30:10.680 --> 01:30:16.160]  I'm Dr. Catherine Albrecht, and I'll tell you about the attack on cash in just a moment.
[01:30:16.160 --> 01:30:17.880]  Privacy is under attack.
[01:30:17.880 --> 01:30:21.480]  When you give up data about yourself, you'll never get it back again.
[01:30:21.480 --> 01:30:26.480]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:26.480 --> 01:30:31.680]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.680 --> 01:30:34.240]  Privacy, it's worth hanging on to.
[01:30:34.240 --> 01:30:39.880]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[01:30:39.880 --> 01:30:41.600]  Yahoo, and Bing.
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[01:30:45.000 --> 01:30:46.840]  Could cash disappear?
[01:30:46.840 --> 01:30:51.480]  The US already jails citizens for large, unreported cash transactions.
[01:30:51.480 --> 01:30:56.280]  Mexico wants to outlaw cash purchases of real estate and high dollar items.
[01:30:56.280 --> 01:31:03.760]  Send 1,500 euros in Greece or 5,000 euros in Italy as of 2011, and risk prison.
[01:31:03.760 --> 01:31:05.320]  Cash and civil liberties are inseparable.
[01:31:05.320 --> 01:31:09.840]  In a cashless society, bureaucrats can control how you spend your money, and that could have
[01:31:09.840 --> 01:31:11.840]  a chilling effect on freedom.
[01:31:11.840 --> 01:31:16.400]  Dissenters could one day wake up to zero bank balances, unpopular groups could become
[01:31:16.400 --> 01:31:19.840]  penniless, and the overweight might be limited to fat-free foods.
[01:31:19.840 --> 01:31:22.960]  So let's all use cash and fight to preserve it.
[01:31:22.960 --> 01:31:24.360]  Our freedom depends on it.
[01:31:24.360 --> 01:31:31.480]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.480 --> 01:31:36.840]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.840 --> 01:31:38.960]  The government says that fire brought it down.
[01:31:38.960 --> 01:31:43.920]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.920 --> 01:31:46.680]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.680 --> 01:31:49.360]  Thousands of my fellow first responders are dying.
[01:31:49.360 --> 01:31:50.680]  I'm not a conspiracy theorist.
[01:31:50.680 --> 01:31:51.680]  I'm a structural engineer.
[01:31:51.680 --> 01:31:53.160]  I'm a New York City correction officer.
[01:31:53.160 --> 01:31:54.160]  I'm an Air Force pilot.
[01:31:54.160 --> 01:31:55.840]  I'm a father who lost his son.
[01:31:55.840 --> 01:31:58.440]  We're Americans, and we deserve the truth.
[01:31:58.440 --> 01:32:02.040]  Go to RememberBuilding7.org today.
[01:32:02.040 --> 01:32:05.760]  After work, I'm so tired that I want to be left alone to sleep.
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[01:32:36.840 --> 01:32:38.800]  cancer and most major diseases.
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[01:32:53.520 --> 01:32:54.520]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:32:54.520 --> 01:33:21.520]  I see it too, I see it too.
[01:33:21.520 --> 01:33:29.320]  Okay.
[01:33:29.320 --> 01:33:30.320]  We are back.
[01:33:30.320 --> 01:33:35.520]  Randy Kelton, Steve Skidmore, Rue Wild Radio, and we're talking to Joe in Illinois.
[01:33:35.520 --> 01:33:42.920]  And Joe, the only thing I can tell you is take your complaint to some magistrate.
[01:33:42.920 --> 01:33:54.200]  Just go to the court and ask the court, the clerk, which judge is having motion hearings.
[01:33:54.200 --> 01:33:58.760]  Because when they're having motion hearings, they've got lots of breaks.
[01:33:58.760 --> 01:34:05.640]  And go into the court, go into that courtroom, call the bailiff over, tell the bailiff your
[01:34:05.640 --> 01:34:11.920]  name, and tell him to instruct the judge that you have business with the court.
[01:34:11.920 --> 01:34:15.000]  And the bailiff will say, may I tell him the nature of the business?
[01:34:15.000 --> 01:34:17.080]  And you say, yes, you may.
[01:34:17.080 --> 01:34:26.280]  And hand him a sealed folder with the judge's name written on the front of it.
[01:34:26.280 --> 01:34:27.280]  And then he'll give it to the judge.
[01:34:27.280 --> 01:34:35.920]  And when the judge opens it, what he's to find in there is a verified criminal complaint
[01:34:35.920 --> 01:34:41.840]  in the form of a verified criminal affidavit.
[01:34:41.840 --> 01:34:48.220]  And once he looks at that criminal affidavit, his duty is invoked.
[01:34:48.220 --> 01:34:52.720]  He has a duty to act on that and hold an examining trial.
[01:34:52.720 --> 01:34:57.160]  When he doesn't, when he refuses, if he says, well, you really need to take this to the
[01:34:57.160 --> 01:35:00.760]  police station, you don't care what he does.
[01:35:00.760 --> 01:35:05.600]  When he doesn't hold an examining trial, then you make up a complaint against him, and you
[01:35:05.600 --> 01:35:10.960]  pull the same routine in another court, preferably a higher court.
[01:35:10.960 --> 01:35:15.920]  And this will really get him hopping up and down and really unhappy, because they're going
[01:35:15.920 --> 01:35:22.080]  to feel like you're in there setting them up so you can sting them.
[01:35:22.080 --> 01:35:27.560]  And the higher you go, the more problems you create for them, the more angry they're going
[01:35:27.560 --> 01:35:31.440]  to be at the first person you made the charge against.
[01:35:31.440 --> 01:35:41.320]  Okay, a quick question, when you make a complaint, do you cite the law, or just, you know, just
[01:35:41.320 --> 01:35:46.040]  giving the facts, you know, just simple facts and attachments?
[01:35:46.040 --> 01:35:50.040]  Go to jurisimprudence.com.
[01:35:50.040 --> 01:35:51.040]  Uh-huh.
[01:35:51.040 --> 01:35:52.040]  I did.
[01:35:52.040 --> 01:35:53.040]  Okay.
[01:35:53.040 --> 01:35:54.040]  I cite the law.
[01:35:54.040 --> 01:36:04.360]  When I say this person did this thing in violation of this code, there are no, a complaint is
[01:36:04.360 --> 01:36:15.640]  intended to be filed by an ordinary citizen, so there are no real technical restrictions.
[01:36:15.640 --> 01:36:19.920]  So you can kind of do it the way you want to, and I prefer to say, you know, you read
[01:36:19.920 --> 01:36:28.440]  the code, read the law, and what are the elements of the crime, and make sure you state that
[01:36:28.440 --> 01:36:34.280]  he did each, did something that violates each of the elements.
[01:36:34.280 --> 01:36:41.120]  And then you say, he did these things in violation of, you cite the statute.
[01:36:41.120 --> 01:36:43.200]  Makes it absolutely clear what you're writing.
[01:36:43.200 --> 01:36:49.600]  And I got this format generally from, uh, information.
[01:36:49.600 --> 01:36:57.160]  If you go to the court and look in any criminal case, look for an information.
[01:36:57.160 --> 01:37:02.280]  A ordinary citizen writes the complaint, that's the idea.
[01:37:02.280 --> 01:37:08.440]  And then the lawyer gets the complaint, the prosecutor, and he rewrites it so that it
[01:37:08.440 --> 01:37:13.500]  meets the statutory requirements of law, and that's called an information.
[01:37:13.500 --> 01:37:19.680]  So the information is what a complaint should look like, and that'll give you the style
[01:37:19.680 --> 01:37:21.400]  and the wording that you need.
[01:37:21.400 --> 01:37:23.440]  Okay, I really need to move along.
[01:37:23.440 --> 01:37:26.680]  I got a full board of callers, and I am going to run out of time tonight.
[01:37:26.680 --> 01:37:31.320]  Okay, Andy, I got a very quick question, because, you know, this test relates to the complaint,
[01:37:31.320 --> 01:37:32.320]  you know.
[01:37:32.320 --> 01:37:39.200]  In my response to discovery, I received, you know, that, uh, forged note, basically.
[01:37:39.200 --> 01:37:43.200]  I got two notes right now in the file, in the course file.
[01:37:43.200 --> 01:37:46.840]  What would be the best, you know, course of action right now to preserve it?
[01:37:46.840 --> 01:37:49.520]  Wait, I have no idea what you're saying.
[01:37:49.520 --> 01:37:51.920]  You're talking faster than I can listen.
[01:37:51.920 --> 01:38:00.480]  In a request to the discovery, I received forged note from that blanket.
[01:38:00.480 --> 01:38:07.000]  And you know, this is the different note with the file in the amended complaint, originally.
[01:38:07.000 --> 01:38:13.560]  So my question is, you know, how to preserve that note for the future, you know, trial?
[01:38:13.560 --> 01:38:15.560]  How to present the note?
[01:38:15.560 --> 01:38:17.560]  No, preserve.
[01:38:17.560 --> 01:38:21.680]  Oh, wait, I'm still not understanding.
[01:38:21.680 --> 01:38:24.200]  Steve, can you understand it better than me?
[01:38:24.200 --> 01:38:25.200]  No.
[01:38:25.200 --> 01:38:28.200]  How to preserve the note?
[01:38:28.200 --> 01:38:30.200]  That's the evidence.
[01:38:30.200 --> 01:38:32.200]  Wait, preserve the note?
[01:38:32.200 --> 01:38:33.200]  Yes.
[01:38:33.200 --> 01:38:43.560]  Just file the note in as a, as a exhibit.
[01:38:43.560 --> 01:38:46.080]  I'm really not sure what your question is.
[01:38:46.080 --> 01:38:51.800]  Oh, because, because, you know, I want to just, you know, show the call, have this note
[01:38:51.800 --> 01:38:52.800]  in a court.
[01:38:52.800 --> 01:38:55.800]  Did we, hang on, did we switch subjects?
[01:38:55.800 --> 01:39:01.200]  Yes, we switched to the foreclosure issue.
[01:39:01.200 --> 01:39:08.840]  This is, this is related to the complaint because, you know, I, I just complained about
[01:39:08.840 --> 01:39:13.400]  forged note, forged counterfeited, counterfeited note too.
[01:39:13.400 --> 01:39:17.240]  Okay, you're claiming that the note is counterfeited.
[01:39:17.240 --> 01:39:18.240]  Yes.
[01:39:18.240 --> 01:39:23.440]  But the one they gave you and you want to preserve the note?
[01:39:23.440 --> 01:39:25.960]  I don't understand why you're, what that means.
[01:39:25.960 --> 01:39:34.280]  Yeah, yes, I want to make it, make it as a, as you know, as a, as a, you know.
[01:39:34.280 --> 01:39:38.240]  You want it, you want it as part of the court record?
[01:39:38.240 --> 01:39:41.240]  Court record, right.
[01:39:41.240 --> 01:39:43.640]  You there?
[01:39:43.640 --> 01:39:44.640]  Yes.
[01:39:44.640 --> 01:39:45.640]  Okay.
[01:39:45.640 --> 01:39:51.840]  We're having, you're kind of breaking up.
[01:39:51.840 --> 01:39:56.120]  I think we lost Joe.
[01:39:56.120 --> 01:39:57.120]  Okay, sorry, Joe.
[01:39:57.120 --> 01:40:00.200]  I think you broke up and kind of lost you.
[01:40:00.200 --> 01:40:01.200]  Okay.
[01:40:01.200 --> 01:40:05.960]  We're running out of time, so we're going to go to Mark in Texas.
[01:40:05.960 --> 01:40:06.960]  Hi, gents.
[01:40:06.960 --> 01:40:07.960]  Good evening.
[01:40:07.960 --> 01:40:08.960]  Good evening.
[01:40:08.960 --> 01:40:09.960]  Hello, gents.
[01:40:09.960 --> 01:40:14.560]  And Joe, you might try calling back in, we've lost your signal.
[01:40:14.560 --> 01:40:15.560]  Okay.
[01:40:15.560 --> 01:40:16.560]  Hello, Mark.
[01:40:16.560 --> 01:40:17.560]  What do you have for us?
[01:40:17.560 --> 01:40:18.560]  Hi.
[01:40:18.560 --> 01:40:23.840]  Well, I called last night and I wanted to ask you just this, is I have a case where
[01:40:23.840 --> 01:40:30.000]  I had one back in June because the complaint for foreclosure filed, was filed past the
[01:40:30.000 --> 01:40:31.000]  statute of limitations.
[01:40:31.000 --> 01:40:34.200]  They simply waited too long to file.
[01:40:34.200 --> 01:40:37.840]  And then there was a motion to reopen my case.
[01:40:37.840 --> 01:40:44.280]  This motion was one in which the plaintiff's attorney or the plaintiff's essentially lied
[01:40:44.280 --> 01:40:51.240]  about the acceleration date, saying that the first acceleration date was in 2010.
[01:40:51.240 --> 01:40:52.240]  That's not true.
[01:40:52.240 --> 01:40:58.680]  And I submitted a document that was actually filed with the Circuit Court showing 2007,
[01:40:58.680 --> 01:41:01.560]  actually earlier than their complaint.
[01:41:01.560 --> 01:41:06.160]  And they admitted three exhibits here, including accounting, et cetera.
[01:41:06.160 --> 01:41:15.760]  So the judge granted their motion without exhibits at all and based on a lie that they
[01:41:15.760 --> 01:41:16.760]  told.
[01:41:16.760 --> 01:41:22.920]  So I probably have some grounds for some kind of malpractice suit, et cetera.
[01:41:22.920 --> 01:41:28.160]  And what I wanted to ask was A, for any advice you might have about it in general, and then
[01:41:28.160 --> 01:41:35.400]  B, if I ended up suing the attorneys there for malpractice, is that something federal
[01:41:35.400 --> 01:41:40.400]  where I might find an attorney that's closer to me or anywhere, I can...
[01:41:40.400 --> 01:41:41.400]  Okay.
[01:41:41.400 --> 01:41:42.400]  Where are you?
[01:41:42.400 --> 01:41:45.960]  Well, I live in Texas and...
[01:41:45.960 --> 01:41:48.360]  Where is the case at?
[01:41:48.360 --> 01:41:50.400]  It's in Arkansas.
[01:41:50.400 --> 01:41:54.400]  So do I need an Arkansas attorney?
[01:41:54.400 --> 01:42:00.280]  Is Arkansas a judicial state?
[01:42:00.280 --> 01:42:07.680]  Not completely, in 2011, they made it harder to do a non-judicial foreclosure.
[01:42:07.680 --> 01:42:12.920]  Do you have a deed of trust or a mortgage?
[01:42:12.920 --> 01:42:15.480]  I have a deed of trust, I believe.
[01:42:15.480 --> 01:42:16.480]  Okay.
[01:42:16.480 --> 01:42:18.520]  I literally have that document.
[01:42:18.520 --> 01:42:23.440]  Well, if you have a deed of trust and you're in a lien theory state, which would make it
[01:42:23.440 --> 01:42:27.800]  essentially non-judicial, unless it's home equity.
[01:42:27.800 --> 01:42:28.800]  Yeah.
[01:42:28.800 --> 01:42:42.560]  But if you want to get to the federal court, a suit against the lawyers for aggravated
[01:42:42.560 --> 01:42:58.920]  perjury, aggravated perjury, I would go to the federal court and file an aggravated perjury
[01:42:58.920 --> 01:43:00.520]  charge with the US attorney.
[01:43:00.520 --> 01:43:02.480]  That'll get everybody's attention.
[01:43:02.480 --> 01:43:03.480]  Yeah.
[01:43:03.480 --> 01:43:09.160]  And what they're going to do is they're going to hop up and down and say, you cannot use
[01:43:09.160 --> 01:43:14.240]  criminal charges to gain advantage in a civil case.
[01:43:14.240 --> 01:43:27.040]  And you're going to say, Title 18 US Code, 18 US Code 3, right up there in the front,
[01:43:27.040 --> 01:43:29.920]  misprision of felony.
[01:43:29.920 --> 01:43:35.080]  If you have knowledge that a felony has been committed and you don't report it, why, that's
[01:43:35.080 --> 01:43:36.800]  a crime on your part.
[01:43:36.800 --> 01:43:37.800]  Okay.
[01:43:37.800 --> 01:43:43.640]  So kill the messenger so they don't get to make that complaint.
[01:43:43.640 --> 01:43:44.640]  Hang on.
[01:43:44.640 --> 01:43:52.760]  Randy Kelton, Steve Skidmore here with Eddie Craig, we'll go into our last segment.
[01:43:52.760 --> 01:43:57.720]  We've got Alex in New York, Marcus in Texas, Marcus in Virginia.
[01:43:57.720 --> 01:44:00.360]  We'll be right back.
[01:44:00.360 --> 01:44:03.840]  You feel tired when talking about important topics like money and politics?
[01:44:03.840 --> 01:44:04.840]  Sorry.
[01:44:04.840 --> 01:44:07.720]  Are you confused by words like the constitution or the federal reserve?
[01:44:07.720 --> 01:44:08.720]  What?
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[01:45:00.040 --> 01:45:04.520]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:58.160 --> 01:45:59.160]  866-LAW-EASY.
[01:46:28.160 --> 01:46:56.160]  The people come down from the hill, into the city, they come down from the hill, into
[01:46:56.160 --> 01:47:08.160]  the city, they will shuffle, many long nights, many strong thrills.
[01:47:08.160 --> 01:47:16.520]  Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking to Mark
[01:47:16.520 --> 01:47:17.520]  in Texas.
[01:47:17.520 --> 01:47:20.080]  Okay, where were we, Mark?
[01:47:20.080 --> 01:47:21.080]  We need to move kind of quickly.
[01:47:21.080 --> 01:47:22.080]  We're going to run out of time.
[01:47:22.080 --> 01:47:23.080]  Yeah, no, no.
[01:47:23.080 --> 01:47:24.080]  We'll do.
[01:47:24.080 --> 01:47:31.440]  I just said basically 18 U.S. Code 3 requires that if I know of a felony, I have to report
[01:47:31.440 --> 01:47:32.440]  it.
[01:47:32.440 --> 01:47:37.320]  So I need to file a federal complaint, and we are talking about aggravated perjury.
[01:47:37.320 --> 01:47:43.720]  They have perjured themselves in the interests of their client, the lawyers, or perhaps,
[01:47:43.720 --> 01:47:44.720]  I don't know.
[01:47:44.720 --> 01:47:50.080]  And you might consider filing against the judge for suborning perjury.
[01:47:50.080 --> 01:47:53.080]  Did you give the judge notice of the perjury?
[01:47:53.080 --> 01:48:01.480]  This is the thing, and I want clarity from you guys if you could suggest, I didn't respond
[01:48:01.480 --> 01:48:05.720]  within the, I think I had 30 days to respond.
[01:48:05.720 --> 01:48:09.600]  I didn't respond within that timeframe to this motion to reopen.
[01:48:09.600 --> 01:48:12.960]  I was talking to an attorney, and I thought I might have someone help me, and then it
[01:48:12.960 --> 01:48:13.960]  all blew up.
[01:48:13.960 --> 01:48:14.960]  And I gave him great advice.
[01:48:14.960 --> 01:48:15.960]  Oh, okay.
[01:48:15.960 --> 01:48:19.080]  Just file a challenge subject matter jurisdiction.
[01:48:19.080 --> 01:48:20.920]  Yeah.
[01:48:20.920 --> 01:48:28.280]  The plaintiff lacked standing and legal capacity to invoke the subject matter jurisdiction
[01:48:28.280 --> 01:48:36.960]  of the court, as the plaintiff had no controversy to bring to the court.
[01:48:36.960 --> 01:48:37.960]  Yeah.
[01:48:37.960 --> 01:48:40.640]  So a plea to the jurisdiction.
[01:48:40.640 --> 01:48:45.880]  Plead to the jurisdiction can be filed at any time, no matter how remote in history.
[01:48:45.880 --> 01:48:48.400]  That gets you around missing the time limit.
[01:48:48.400 --> 01:48:51.440]  Oh, okay, I see what you're saying.
[01:48:51.440 --> 01:48:54.600]  I've already filed a motion, and I'm probably going to win.
[01:48:54.600 --> 01:49:00.520]  They fired, the plaintiff fired the attorneys that had done this, and now they have a new
[01:49:00.520 --> 01:49:01.520]  attorney.
[01:49:01.520 --> 01:49:05.640]  And this one's asking for an extension of time to respond to my motion.
[01:49:05.640 --> 01:49:06.640]  Is there an advantage?
[01:49:06.640 --> 01:49:11.760]  If I file the plea to the jurisdiction, the judge can bang his gavel right there, right?
[01:49:11.760 --> 01:49:16.960]  Otherwise I have to wait, or perhaps he might grant them more time to respond to my motion.
[01:49:16.960 --> 01:49:26.880]  When they have, when you get a no answer default, 70% of all of those are overturned.
[01:49:26.880 --> 01:49:34.720]  Courts do not like to rule against a litigant who did not have opportunity to plea his case.
[01:49:34.720 --> 01:49:41.480]  So any reasonable claim will generally win on that particular issue.
[01:49:41.480 --> 01:49:42.480]  Okay.
[01:49:42.480 --> 01:49:45.440]  Well, then I need to let them have a little extra time.
[01:49:45.440 --> 01:49:50.520]  They just asked until the 16th of this month, that's an extra 10 days.
[01:49:50.520 --> 01:49:51.520]  Yeah.
[01:49:51.520 --> 01:49:54.240]  Look at their answer, what they get.
[01:49:54.240 --> 01:50:04.080]  And if their answer does not give a reasonable pleading to show that somehow the statute
[01:50:04.080 --> 01:50:10.040]  of limitations was told, then you come right back with a challenge subject matter jurisdiction.
[01:50:10.040 --> 01:50:13.480]  I already did that in my motion.
[01:50:13.480 --> 01:50:16.160]  If I have it in the motion, it makes sense.
[01:50:16.160 --> 01:50:17.160]  It's done.
[01:50:17.160 --> 01:50:18.160]  It's done.
[01:50:18.160 --> 01:50:21.120]  It doesn't have to be, you just need to have the challenge.
[01:50:21.120 --> 01:50:23.200]  It doesn't have to be in a special document.
[01:50:23.200 --> 01:50:24.200]  All right.
[01:50:24.200 --> 01:50:26.160]  One last quick thing then.
[01:50:26.160 --> 01:50:33.640]  It's nicer if it is, because then they won't just, it's harder to gloss over it.
[01:50:33.640 --> 01:50:36.920]  But I heard you say that, yeah.
[01:50:36.920 --> 01:50:41.480]  So, but if you have it in there, you have it in there and you can go back later and
[01:50:41.480 --> 01:50:43.080]  sue the judge.
[01:50:43.080 --> 01:50:44.840]  But right now you sue the lawyers.
[01:50:44.840 --> 01:50:45.840]  Yes.
[01:50:45.840 --> 01:50:49.240]  I mean, file criminally against the lawyers in the Fed.
[01:50:49.240 --> 01:50:53.840]  Now the Fed's not going to prosecute, but what they are likely to do is have one of
[01:50:53.840 --> 01:51:00.680]  their US marshals call these guys and say, you know, I got a guy here trying to get me
[01:51:00.680 --> 01:51:03.840]  a rescue for aggravated perjury.
[01:51:03.840 --> 01:51:08.440]  You want to explain why I shouldn't do that?
[01:51:08.440 --> 01:51:10.040]  Makes for great politics.
[01:51:10.040 --> 01:51:13.760]  This is going to help with respect to bar grievance, maybe.
[01:51:13.760 --> 01:51:19.400]  I want it to be, I'm going to have some, but I want to ask you-
[01:51:19.400 --> 01:51:21.680]  Grieve them for aggravated perjury.
[01:51:21.680 --> 01:51:25.360]  That's likely to get the attention of the bar.
[01:51:25.360 --> 01:51:30.680]  The bar is not as inept as we've been accusing it of being.
[01:51:30.680 --> 01:51:31.680]  Steve?
[01:51:31.680 --> 01:51:32.680]  Yes.
[01:51:32.680 --> 01:51:35.800]  You've got some comment on that.
[01:51:35.800 --> 01:51:37.760]  Santiago V. Mackie?
[01:51:37.760 --> 01:51:41.320]  Well, I'm the state bar.
[01:51:41.320 --> 01:51:44.240]  The state bar, well, yeah.
[01:51:44.240 --> 01:51:50.640]  When you grieve an attorney and you get that form letter back that says, well, we've looked
[01:51:50.640 --> 01:51:57.280]  into your grievance and we don't see any problem with it, go away.
[01:51:57.280 --> 01:52:02.440]  What you're going to do is you might think that that's the end of it.
[01:52:02.440 --> 01:52:05.980]  It might be the end of it for you, but it's certainly not the end of it for the attorney
[01:52:05.980 --> 01:52:13.760]  that's been grieved because he's got to take time out of his day to defend himself before
[01:52:13.760 --> 01:52:16.280]  the bar.
[01:52:16.280 --> 01:52:23.320]  He's going to be in front of the bar for two or three months off and on dealing with this
[01:52:23.320 --> 01:52:28.280]  until they say, well, okay, we'll let you off the hook this time.
[01:52:28.280 --> 01:52:35.560]  So when you do grieve an attorney and you get that letter, just know that it's not over.
[01:52:35.560 --> 01:52:37.760]  Not for the attorney.
[01:52:37.760 --> 01:52:46.440]  He's got to explain himself in detail to the bar a couple of times.
[01:52:46.440 --> 01:52:54.840]  We had a guy in Florida, said a lawyer told him that you have taken me to the books better
[01:52:54.840 --> 01:52:58.400]  than anybody I've dealt with in the last 15 years.
[01:52:58.400 --> 01:52:59.880]  So you do get their attention.
[01:52:59.880 --> 01:53:00.880]  Got it.
[01:53:00.880 --> 01:53:08.000]  Well, I want to do everything I can to just stand up for everybody who hasn't done it.
[01:53:08.000 --> 01:53:11.280]  And so I listened to this show and I love you guys.
[01:53:11.280 --> 01:53:12.280]  Okay.
[01:53:12.280 --> 01:53:13.280]  Thank you.
[01:53:13.280 --> 01:53:14.280]  Okay.
[01:53:14.280 --> 01:53:15.280]  Thank you, Mark.
[01:53:15.280 --> 01:53:17.840]  Then keep us up to date on what occurs.
[01:53:17.840 --> 01:53:19.080]  Good night.
[01:53:19.080 --> 01:53:20.080]  Thanks.
[01:53:20.080 --> 01:53:21.080]  Okay.
[01:53:21.080 --> 01:53:23.480]  Now we're going to go to Alex in New York.
[01:53:23.480 --> 01:53:24.480]  Hello, Alex.
[01:53:24.480 --> 01:53:29.600]  What do you have for us today?
[01:53:29.600 --> 01:53:32.600]  I think we put Alex to sleep.
[01:53:32.600 --> 01:53:34.120]  I have that effect on people.
[01:53:34.120 --> 01:53:35.800]  I have that effect on people.
[01:53:35.800 --> 01:53:38.120]  Alex, are you there?
[01:53:38.120 --> 01:53:39.480]  Sorry, Randy.
[01:53:39.480 --> 01:53:40.480]  What'd you say?
[01:53:40.480 --> 01:53:42.480]  I'm not at all.
[01:53:42.480 --> 01:53:43.480]  Okay.
[01:53:43.480 --> 01:53:46.360]  Looks like we lost Alex.
[01:53:46.360 --> 01:53:48.280]  We've got Marcus in Virginia.
[01:53:48.280 --> 01:53:49.280]  Hello, Marcus.
[01:53:49.280 --> 01:53:50.280]  Hey, Randy.
[01:53:50.280 --> 01:53:54.080]  Oh, I didn't put you to sleep.
[01:53:54.080 --> 01:53:55.080]  No.
[01:53:55.080 --> 01:53:56.080]  Okay.
[01:53:56.080 --> 01:53:57.080]  Quickly.
[01:53:57.080 --> 01:53:59.080]  What do you have for us?
[01:53:59.080 --> 01:54:00.080]  Go.
[01:54:00.080 --> 01:54:01.080]  Four minutes left.
[01:54:01.080 --> 01:54:02.080]  Okay.
[01:54:02.080 --> 01:54:10.680]  I got a certified copy of the Virginia Constitution and a certified copy of that motor vehicle
[01:54:10.680 --> 01:54:13.680]  title of Virginia.
[01:54:13.680 --> 01:54:15.680]  And it's kind of interesting.
[01:54:15.680 --> 01:54:20.880]  I just thought I'd mention a couple of things right out of the Constitution here.
[01:54:20.880 --> 01:54:21.880]  Let's see.
[01:54:21.880 --> 01:54:26.880]  If you don't mind, I'll just read it real quick.
[01:54:26.880 --> 01:54:35.880]  It's about the, oh, wait a minute, I'm reading the wrong section.
[01:54:35.880 --> 01:54:40.800]  Article 1, Section 6, free elections and consent of the governed.
[01:54:40.800 --> 01:54:46.080]  That all elections ought to be free and that all men having sufficient evidence of permanent
[01:54:46.080 --> 01:54:52.040]  common interest with an attachment to the community, at the rate of suffrage, it cannot
[01:54:52.040 --> 01:54:58.800]  be taxed or deprived of or damaged in their property for public uses without their own
[01:54:58.800 --> 01:55:05.920]  consent or that of their representatives duly elected or bound by any law to which they
[01:55:05.920 --> 01:55:11.160]  have not in like manner assented to for the public good.
[01:55:11.160 --> 01:55:19.960]  Now, I think that's pretty interesting to me because it has to be by consent of yourself
[01:55:19.960 --> 01:55:26.480]  or your representatives, which means the General Assembly.
[01:55:26.480 --> 01:55:34.800]  And I think that that first statute in the entire title there is telling you where they,
[01:55:34.800 --> 01:55:42.520]  under what conditions, they give consent to have the title applied or bound to you is
[01:55:42.520 --> 01:55:43.520]  my point.
[01:55:43.520 --> 01:55:44.520]  Okay.
[01:55:44.520 --> 01:55:49.040]  For those who don't know, do you have that statute in front of you or can you just paraphrase
[01:55:49.040 --> 01:55:50.040]  it?
[01:55:50.040 --> 01:55:56.080]  Well, yeah, it basically states that this title shall apply.
[01:55:56.080 --> 01:55:57.080]  Okay.
[01:55:57.080 --> 01:55:58.080]  Okay.
[01:55:58.080 --> 01:55:59.760]  You're talking about transportation code.
[01:55:59.760 --> 01:56:07.440]  Well, yeah, this is the, you know, the circumstances under which the transportation code of Virginia
[01:56:07.440 --> 01:56:09.920]  or the motor vehicle code applies.
[01:56:09.920 --> 01:56:10.920]  Okay.
[01:56:10.920 --> 01:56:16.320]  This is where they're saying that they consent to having this title.
[01:56:16.320 --> 01:56:21.000]  Now, tell us what the statute said about when it applies.
[01:56:21.000 --> 01:56:30.320]  Well, it only applies to people who are driving or operating on toll roads or parking facilities.
[01:56:30.320 --> 01:56:33.560]  The thing is, they don't even, they want to stay away from that.
[01:56:33.560 --> 01:56:39.920]  But I also have a court case here that says that the motor vehicle code must be read as
[01:56:39.920 --> 01:56:40.920]  a whole.
[01:56:40.920 --> 01:56:42.920]  This is a Virginia case.
[01:56:42.920 --> 01:56:51.280]  So, you know, if they point to any particular statute and say, well, that's the, you know,
[01:56:51.280 --> 01:56:55.920]  General Assembly wrote that and they consent to having that applied, I'm like, no, sorry,
[01:56:55.920 --> 01:57:02.760]  you have to bring in the entire certified, you know, act of the General Assembly.
[01:57:02.760 --> 01:57:08.320]  And at the beginning of that act, it tells you where it is, they give consent to have
[01:57:08.320 --> 01:57:09.880]  that title applied.
[01:57:09.880 --> 01:57:14.960]  I mean, that's thoroughly logical to me.
[01:57:14.960 --> 01:57:16.200]  Okay.
[01:57:16.200 --> 01:57:25.880]  On the surface, this sounds absolutely ludicrous that the General Assembly would pass law that
[01:57:25.880 --> 01:57:30.360]  only applied to toll roads and parking garages.
[01:57:30.360 --> 01:57:34.040]  Well, that's...
[01:57:34.040 --> 01:57:35.040]  That's wonderful.
[01:57:35.040 --> 01:57:41.200]  So, are you scheduled to go back to court on the issue?
[01:57:41.200 --> 01:57:43.200]  What's that?
[01:57:43.200 --> 01:57:46.040]  Are you scheduled to go back to court on the issue?
[01:57:46.040 --> 01:57:52.840]  Yeah, I got a, I actually got a fine letter from the clerk saying that I'm required to
[01:57:52.840 --> 01:57:56.640]  show up for a hearing on this, it's like a date, it would be...
[01:57:56.640 --> 01:57:59.640]  Have you filed a motion to dismiss based on this?
[01:57:59.640 --> 01:58:07.400]  Well, I just got the constitution, the certified copy and the other certified copy just the
[01:58:07.400 --> 01:58:08.400]  other day.
[01:58:08.400 --> 01:58:11.200]  So, you know, I am planning...
[01:58:11.200 --> 01:58:12.640]  Get a motion to dismiss.
[01:58:12.640 --> 01:58:17.520]  This would go to a challenge subject matter jurisdiction as well, because the statute
[01:58:17.520 --> 01:58:18.520]  doesn't apply.
[01:58:18.520 --> 01:58:19.520]  30 seconds.
[01:58:19.520 --> 01:58:20.520]  30 seconds.
[01:58:20.520 --> 01:58:21.520]  Okay.
[01:58:21.520 --> 01:58:29.400]  Marcus, we are out of time, I have to do the outro, sorry we took so long to get to you.
[01:58:29.400 --> 01:58:35.600]  This is Randy Kelton, Steve Skidmore, Wheelbarrow Radio and Eddie, say good night, Eddie.
[01:58:35.600 --> 01:58:36.600]  Good night, Eddie.
[01:58:36.600 --> 01:58:39.600]  Thanks for coming on tonight, Eddie.
[01:58:39.600 --> 01:58:43.120]  Yeah, no problem, guys, thanks for letting me on.
[01:58:43.120 --> 01:58:48.000]  And make sure you listen to Eddie's show, Monday night, eight o'clock, his traffic show.
[01:58:48.000 --> 01:58:49.000]  Thank you for listening.
[01:58:49.000 --> 01:58:50.000]  Good night.
[01:58:50.000 --> 01:58:56.800]  Bibles for America is offering absolutely free a unique study Bible called the New Testament
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