ROL_2015-03-20_16k_Hr1-2.timecode
[00:00.000 --> 00:07.840] You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:07.840 --> 00:12.320] updates, online at TheLibertyBeats.com.
[00:12.320 --> 00:17.240] John Bush here with your Liberty Beat for Friday, March 20th, 2015.
[00:17.240 --> 00:27.400] Gold is trading around $1,171, silver around $16.11, and Bitcoin is trading around $264.
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[01:00.880 --> 01:04.840] The American Civil Liberties Union and the New York Civil Liberties Union have filed
[01:04.840 --> 01:09.720] suit against the Transportation Security Administration for records related to the Controversial
[01:09.720 --> 01:13.600] Screening Passengers by Observation Techniques Program.
[01:13.600 --> 01:18.280] The Civil Liberties Organization say they are seeking records related to the effectiveness
[01:18.280 --> 01:23.480] of the widely criticized program, as well as the percentage of minorities that are targeted.
[01:23.480 --> 01:29.080] The SPOT program involved TSA behavior detection officers scanning passengers for behavior
[01:29.080 --> 01:32.720] that the agency associates with stress and fear.
[01:32.720 --> 01:37.360] The program has been criticized by Congress' Government Accountability Office and independent
[01:37.360 --> 01:43.560] researchers as ineffective and wasteful.
[01:43.560 --> 01:47.440] Researchers with the University of Michigan Health System in Ann Arbor say that installing
[01:47.440 --> 01:53.440] sobriety test devices in vehicles could prevent as much as 85% of alcohol-related deaths in
[01:53.440 --> 01:54.440] the U.S.
[01:54.440 --> 01:59.200] The team says that new vehicles could be outfitted with the Driver Alcohol Detection System for
[01:59.200 --> 02:01.680] Safety or DADS.
[02:01.680 --> 02:06.720] Over a 15-year period, older cars could be phased out and new vehicles could be outfitted
[02:06.720 --> 02:10.960] with the device which prevents the car from starting if the driver has a blood alcohol
[02:10.960 --> 02:14.520] level of.08 or greater.
[02:14.520 --> 02:20.480] Researchers say that over the 15-year implementation period, around $343 billion would be saved
[02:20.480 --> 02:24.720] and more than 59,000 crash fatalities could be avoided.
[02:24.720 --> 02:29.040] Civil Liberties advocates and Right to Travel supporters believe the measure is intrusive
[02:29.040 --> 02:31.840] and unconstitutional.
[02:31.840 --> 02:34.840] Support for the Liberty Beat comes from the Conscious Resistance Network.
[02:34.840 --> 02:39.720] Videos, news reports, and articles from a spiritual anarchist perspective.
[02:39.720 --> 02:44.600] Experience the Conscious Resistance at TheConsciousResistance.com.
[02:44.600 --> 02:49.200] Support for the Liberty Beat also comes from Central Texas Gunworks, your online source
[02:49.200 --> 02:52.640] for firearms, firearm accessories, and ammunition.
[02:52.640 --> 02:55.760] They take major credit cards and now accept Bitcoin.
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[04:19.640 --> 04:28.880] What you gonna do when they come for you?
[04:28.880 --> 04:36.760] Bad boys, bad boys.
[04:36.760 --> 04:47.760] What you gonna do, what you gonna do?
[04:47.760 --> 04:54.760] Bad boys, bad boys, what you gonna do when they come for you?
[04:54.760 --> 04:57.760] Bad boys, bad boys, what you gonna do?
[04:57.760 --> 05:00.760] What you gonna do when they come for you?
[05:00.760 --> 05:01.760] Okay, howdy, howdy.
[05:01.760 --> 05:02.760] This is Randy Kelton.
[05:02.760 --> 05:08.640] Joe and Steve Skidmore, but we don't have Steve Skidmore today.
[05:08.640 --> 05:14.680] Today we have an old, strange guy that used to be around a while.
[05:14.680 --> 05:17.560] You might remember him, Joe Esquivel.
[05:17.560 --> 05:21.080] Joe Esquivel, is our system working?
[05:21.080 --> 05:24.080] Can you?
[05:24.080 --> 05:29.320] Okay, I don't know if we're actually going out on the air or not.
[05:29.320 --> 05:35.560] We're having a little technical difficulty coming on.
[05:35.560 --> 05:39.360] Hear me, I can't hear them, all kinds of stuff.
[05:39.360 --> 05:46.080] But I don't know if I'm on, I can't hear Joe.
[05:46.080 --> 05:48.760] So I just got to know that I'm on the air.
[05:48.760 --> 05:56.200] Okay, so I'm going to go ahead and continue and maybe by the next segment we'll have these
[05:56.200 --> 06:00.080] technical issues correctly.
[06:00.080 --> 06:06.920] But tonight we expect to have Joe Esquivel, of course, he's going to be on, he's getting
[06:06.920 --> 06:15.400] ready to do his own show and he's wanted to come on tonight and kind of reacquaint himself
[06:15.400 --> 06:24.520] with everyone and do a little shameless self promotion, which we absolutely endorse.
[06:24.520 --> 06:30.920] And I also have a caller, a call in, Ken Magnuson, I expect him to call in.
[06:30.920 --> 06:40.400] We want to talk about some legislation that's being proposed, some of it's absolutely outrageous.
[06:40.400 --> 06:45.720] And some of it that Ken and some folks he's worked with, working with have actually been
[06:45.720 --> 06:54.480] able to get pulled off the consideration, which was great to hear.
[06:54.480 --> 06:59.680] So as soon as we can get Ken on, we'll go to him.
[06:59.680 --> 07:06.400] But in the meantime, I was looking at Quo Warento.
[07:06.400 --> 07:13.760] Ken brought it up earlier and for those of you who don't know what Quo Warento normally
[07:13.760 --> 07:27.240] is, Quo Warento is a common law writ and Quo Warento tests the authority of an officer,
[07:27.240 --> 07:33.840] either a public officer or a corporate officer.
[07:33.840 --> 07:43.280] If you have reason to believe that an official is holding an office in violation of law,
[07:43.280 --> 07:51.240] for instance, all these guys have been bringing these issues about no oath of office or no
[07:51.240 --> 08:02.920] proper oath of office, the proper procedure is information in the writ of Quo Warento.
[08:02.920 --> 08:12.960] In order to secure a writ in Quo Warento, you have to first petition the district attorney
[08:12.960 --> 08:20.400] to issue an information in the form of Quo Warento to challenge the office holder.
[08:20.400 --> 08:30.000] If the prosecuting attorney refuses, then you have stand to step in as a, in the capacity
[08:30.000 --> 08:35.680] of a private attorney general and petition the Quo Warento yourself.
[08:35.680 --> 08:42.120] Now as you might guess, the courts really don't like that and they will do everything
[08:42.120 --> 08:48.440] they can to stop you and toss your Quo Warento.
[08:48.440 --> 08:54.520] But if you have an officer who is improperly holding the office, it really doesn't matter
[08:54.520 --> 09:04.120] if they, what the trial judge says, the real action is in the court of appeals.
[09:04.120 --> 09:10.640] Because the court of appeals, when they render a ruling, that rule affects the court procedure.
[09:10.640 --> 09:15.480] So, you know, if there's a lawyer out there, the lawyer lives inside a lawyer box and he
[09:15.480 --> 09:20.160] generally go to court dangling by his bar card.
[09:20.160 --> 09:28.680] So he will be careful about what he brings before because the judges can well sanction
[09:28.680 --> 09:34.640] or punish lawyers any way they want to at their caprice.
[09:34.640 --> 09:39.520] You and I, however, we live in a different house.
[09:39.520 --> 09:43.600] They are the servants or the masters.
[09:43.600 --> 09:53.280] So when we bring, if we bring Quo Warento, it's likely that the local court in order
[09:53.280 --> 10:01.720] to keep the pro se in line and not give the pro se to the courts because the judges want
[10:01.720 --> 10:04.840] to control their own court.
[10:04.840 --> 10:13.680] And it goes to a quote, one of my favorite quotes by H.G. Wells in his outline of history
[10:13.680 --> 10:17.400] on speaking to the corruption of the popes during the dark ages.
[10:17.400 --> 10:26.800] He's very aptly observed that the giver of the law most owes the law allegiance.
[10:26.800 --> 10:31.280] He of all beings should behave as though the law compels him.
[10:31.280 --> 10:38.840] But it is the universal failing of mankind that what we are given to minister, we promptly
[10:38.840 --> 10:41.040] presume we own.
[10:41.040 --> 10:47.720] And judges, once they take their office, they get the notion that this is their office.
[10:47.720 --> 10:49.840] They won't let lawyers forget it.
[10:49.840 --> 10:57.280] And they do not want you and I as pro se to get it.
[10:57.280 --> 11:04.800] So they want to be the ones who run their courts and decide what the law is and how
[11:04.800 --> 11:06.240] the law is.
[11:06.240 --> 11:17.040] And it's our job to keep them from doing that when we are caprice or lead them outside the
[11:17.040 --> 11:20.480] limits of caprice.
[11:20.480 --> 11:25.120] And I talk about on here how you will never win your case simply because you have the
[11:25.120 --> 11:28.480] law and the facts on your side.
[11:28.480 --> 11:32.120] Well that is a double-edged sword.
[11:32.120 --> 11:38.880] You won't necessarily lose your case just because you don't have the law and the facts
[11:38.880 --> 11:41.720] on your side.
[11:41.720 --> 11:52.560] So if we go in coerwanto, we first need to know what the steps are so that we have plausible
[11:52.560 --> 12:04.320] deniability for accusations that we've acted improperly, then we can, as non-lawyers, we
[12:04.320 --> 12:14.080] can do this with relative impunity and rather get the official removed from office.
[12:14.080 --> 12:20.880] What we do for sure is give him a political black eye.
[12:20.880 --> 12:31.800] I know it's not very palatable for most patriots to have to accept the realization that that
[12:31.800 --> 12:36.400] law really doesn't apply.
[12:36.400 --> 12:43.440] The law is just something the courts use as a general guideline while they do pretty much
[12:43.440 --> 12:53.440] what they feel is right and that's being judged and that is a problem.
[12:53.440 --> 13:04.640] Even if the judge is absolutely fair and honest, by the court doing what they believe is fair
[13:04.640 --> 13:14.400] and just without close compliance with the code, that's a lack of trust in our corporates
[13:14.400 --> 13:17.360] jurists, not accepted.
[13:17.360 --> 13:21.680] So we need to go in there and sting him every once in a while and this is a good way to
[13:21.680 --> 13:22.680] do it.
[13:22.680 --> 13:29.320] You've got to judge here with an attitude or hasn't followed the statutory prescriptions
[13:29.320 --> 13:30.320] you go in coerwanto.
[13:30.320 --> 13:35.160] I know they're going to jump up and down and wave their arms and raise their right
[13:35.160 --> 13:45.400] to stagnation, but they are still going to have to deal with the political fallout of
[13:45.400 --> 13:50.120] being charged with illegally holding an office.
[13:50.120 --> 13:54.160] It's all political in the end.
[13:54.160 --> 14:02.520] So even if the law is not precise and exact, it's not in this case.
[14:02.520 --> 14:09.480] The law, for the most part, where we would use coerwanto is essentially from the common
[14:09.480 --> 14:17.600] law right to coerwanto and the prosecutor is going to argue that only the prosecutor
[14:17.600 --> 14:21.840] can bring coerwanto and that's not true.
[14:21.840 --> 14:27.680] Because he wants to control the prosecutors like coerwanto when coerwanto is against a
[14:27.680 --> 14:30.360] political enemy.
[14:30.360 --> 14:37.240] But if it was against one of their buddies, then they won't be able to exercise prosecutorial
[14:37.240 --> 14:48.920] discretion and we need to limit them by going to coerwanto and coerwanto could not only
[14:48.920 --> 14:54.200] be used against a public official, this is the part I really wanted to go to.
[14:54.200 --> 14:58.360] We've been talking about foreclosures here and during.
[14:58.360 --> 15:06.200] The primary issue of all of the stuff that's been around the last few years, almost everything
[15:06.200 --> 15:16.640] comes back to one issue, agency standing in capacity and looking at coerwanto.
[15:16.640 --> 15:25.000] Coerwanto can be used to challenge the bona fides of an alleged corporate office where
[15:25.000 --> 15:37.160] an officer claims authority to act in the name of his corporation to do a certain thing.
[15:37.160 --> 15:47.880] Under coerwanto, we can challenge the officer himself and we can challenge the corporation
[15:47.880 --> 15:53.880] and in reading this, the one that came to mind as the perfect example is American Wholesale
[15:53.880 --> 15:56.560] Lenders.
[15:56.560 --> 16:04.480] American Wholesale Lenders promotes itself as a New York corporation.
[16:04.480 --> 16:06.400] It is no such thing.
[16:06.400 --> 16:24.920] It was a DBA for Bank of America's mortgage arms.
[16:24.920 --> 16:47.920] It never was incorporated, coerwanto was the perfect way to go after them and also those
[16:47.920 --> 16:56.360] BD Firefighters.
[16:56.360 --> 17:03.360] you might want to act back.
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[19:00.360 --> 19:23.360] You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:30.360 --> 19:37.360] I see justice, yeah.
[19:37.360 --> 19:40.360] The world is spinning like it's out of control.
[19:40.360 --> 19:44.360] On the edge of a hole inside a deep dark dome.
[19:44.360 --> 19:50.360] I'm always on the lookout for something to soothe my soul.
[19:50.360 --> 19:56.360] So I sit back and watch the evidence unfold.
[19:56.360 --> 20:04.360] And I see justice is the goal, yeah.
[20:04.360 --> 20:10.360] Justice is the goal.
[20:10.360 --> 20:13.360] Sometimes we fell a little too far at sea.
[20:13.360 --> 20:16.360] And then we got to get back on course we can see.
[20:16.360 --> 20:19.360] We go under heavy advisory.
[20:19.360 --> 20:23.360] From the man that came all the way from Galilee.
[20:23.360 --> 20:26.360] I just want to stay by one place to be.
[20:26.360 --> 20:29.360] Where I don't have to work so hard to be free.
[20:29.360 --> 20:32.360] Some guys are trying to rewrite history.
[20:32.360 --> 20:35.360] But they got caught, and now them guys got the plea.
[20:35.360 --> 20:42.360] Looks like justice.
[20:42.360 --> 20:48.360] Looks like justice.
[20:48.360 --> 21:14.360] Yeah.
[21:14.360 --> 21:17.360] The only way we know that corruption ceases
[21:17.360 --> 21:20.360] When we finally learn how police are police.
[21:20.360 --> 21:23.360] The folks are trying to say that we were boiling the sea.
[21:23.360 --> 21:27.360] Next thing you know the whole place is heart free.
[21:27.360 --> 21:30.360] These are donuts returned from the belly of the beast.
[21:30.360 --> 21:33.360] The whole world got our brand new lease.
[21:33.360 --> 21:39.360] Looks like justice.
[21:39.360 --> 21:52.360] Only justice.
[21:52.360 --> 22:09.360] Only justice.
[22:09.360 --> 22:33.360] Only justice.
[22:33.360 --> 22:56.360] Only justice.
[22:56.360 --> 22:59.360] It's a surprise.
[22:59.360 --> 23:02.360] However, the statute can be harmonized with the court's view
[23:02.360 --> 23:06.360] that the borrower should be relieved of the operation
[23:06.360 --> 23:11.360] of unconscionable provisions as expressed in cases like Lamonto.
[23:11.360 --> 23:15.360] What they're saying is the unconscionable provisions,
[23:15.360 --> 23:18.360] like MERS is one of those,
[23:18.360 --> 23:28.360] that the unsophisticated borrower cannot be held responsible for them.
[23:28.360 --> 23:35.360] And we've made an extensive argument that the deed of trust as it's written
[23:35.360 --> 23:46.360] is unconscionable on its face and so ambiguous as to be unenforceable.
[23:46.360 --> 23:53.360] If two different reasonable people could come to different conclusions
[23:53.360 --> 23:59.360] as to the meaning of a term, then it is ambiguous.
[23:59.360 --> 24:08.360] And as to the conscionability, I'm sorry, this is my place,
[24:08.360 --> 24:15.360] as to the ambiguousness of the document,
[24:15.360 --> 24:20.360] and anybody who reads the deed of trust, you can't understand it.
[24:20.360 --> 24:23.360] Trust doesn't make sense.
[24:23.360 --> 24:24.360] It's legally?
[24:24.360 --> 24:27.360] It's not just the argument.
[24:27.360 --> 24:35.360] Yeah, it's internally contradictory, and it uses undefined terms of art.
[24:35.360 --> 24:42.360] But the thing that makes it, that adds to the adhesion quality of the document
[24:42.360 --> 24:45.360] is the footer.
[24:45.360 --> 24:51.360] I tend to always address the footer when I do a statement of facts.
[24:51.360 --> 24:54.360] I state that on a certain day, at a certain time,
[24:54.360 --> 24:58.360] a document is filed with county record, given docket number, so-and-so,
[24:58.360 --> 25:03.360] and titled so-and-so, and it would be a deed of trust.
[25:03.360 --> 25:08.360] And then I say it contains a footer that appears as so-and-so,
[25:08.360 --> 25:13.360] and I take an image of the footer and drop it in there.
[25:13.360 --> 25:15.360] And the court's going to look at that and wonder,
[25:15.360 --> 25:18.360] why the heck did I put the footer in there?
[25:18.360 --> 25:23.360] The reason the footer's in there is when you get this document,
[25:23.360 --> 25:27.360] on the bottom of the document, you will have a footer that says
[25:27.360 --> 25:32.360] that this is a Fannie Mae Freddie Mac uniform instrument number so-and-so,
[25:32.360 --> 25:36.360] or FHA uniform instrument number so-and-so.
[25:36.360 --> 25:45.360] And that implies that this is a standard industry-wide document,
[25:45.360 --> 25:51.360] and that gives an unsophisticated purchaser reason to believe
[25:51.360 --> 26:00.360] that the document is regular when it is no such thing.
[26:00.360 --> 26:10.360] In reading it, it doesn't, these ambiguous sections,
[26:10.360 --> 26:20.360] they don't really read as though the lender is trying to put something over on you.
[26:20.360 --> 26:25.360] It reads as though whoever wrote it was on Coke.
[26:25.360 --> 26:28.360] I mean, they're just, it's nonsense.
[26:28.360 --> 26:30.360] It doesn't make sense.
[26:30.360 --> 26:34.360] It doesn't really create such a benefit for the lender.
[26:34.360 --> 26:38.360] It just doesn't make any sense.
[26:38.360 --> 26:42.360] You know, since the section that originally addresses MERS
[26:42.360 --> 26:48.360] is in the definition section, you're not appointing MERS to anything.
[26:48.360 --> 26:52.360] You're not granting MERS anything.
[26:52.360 --> 26:56.360] This is just a definition of MERS.
[26:56.360 --> 26:59.360] It doesn't need to be there.
[26:59.360 --> 27:02.360] I just talked to someone today who entered into a contract,
[27:02.360 --> 27:05.360] MERS didn't have anything to do with it.
[27:05.360 --> 27:13.360] And then several years down the road, he gets noticed at the document
[27:13.360 --> 27:17.360] that the instrument has been transferred to this other company,
[27:17.360 --> 27:20.360] and this other company uses MERS.
[27:20.360 --> 27:22.360] And he said, well, what can I do about that?
[27:22.360 --> 27:24.360] I thought about it.
[27:24.360 --> 27:35.360] And Steve, if a lender who buys your note decides to appoint MERS as their agent,
[27:35.360 --> 27:39.360] what interest do you have in that?
[27:39.360 --> 27:41.360] What interest do you have in it?
[27:41.360 --> 27:43.360] Yeah.
[27:43.360 --> 27:48.360] Well, their agent, define agent.
[27:48.360 --> 27:52.360] If it's their agent, then you don't deal directly with the principal,
[27:52.360 --> 27:54.360] you deal with the agent.
[27:54.360 --> 28:01.360] Yeah, but what say do you have about who a lender hires as their agent?
[28:01.360 --> 28:03.360] None.
[28:03.360 --> 28:04.360] Exactly.
[28:04.360 --> 28:14.360] So don't see why would they use nominee instead of agent?
[28:14.360 --> 28:21.360] Nominee is necessarily ambiguous, makes absolutely no sense.
[28:21.360 --> 28:25.360] Where have I ever seen that MERS, in either documentation,
[28:25.360 --> 28:30.360] has defined what they mean by nominee?
[28:30.360 --> 28:34.360] That in the first big case, Landmark v. Kessler,
[28:34.360 --> 28:38.360] where the court came to them and questioned them about nominee,
[28:38.360 --> 28:42.360] they never did say we're an agent.
[28:42.360 --> 28:44.360] They said we're a nominee,
[28:44.360 --> 28:53.360] but they never explained what the difference between a nominee and an agent was.
[28:53.360 --> 28:56.360] If they used agent, it would be readily understandable.
[28:56.360 --> 28:58.360] Nobody would be raising a question.
[28:58.360 --> 28:59.360] Sure.
[28:59.360 --> 29:07.360] And from my position, it doesn't matter what the answer to the question is.
[29:07.360 --> 29:16.360] It wouldn't matter how MERS answered the question as concerns the Deed of Trust itself.
[29:16.360 --> 29:21.360] The fact that they didn't renders the Deed of Trust unconscionable,
[29:21.360 --> 29:31.360] but because it has provisions in there that are not understandable.
[29:31.360 --> 29:46.360] So when you have the California pattern jury charges concerning ambiguity.
[29:46.360 --> 29:52.360] Keep that in mind and we can re-raise that on the other side of this break.
[29:52.360 --> 29:54.360] You're listening to Rule of Law Radio, folks.
[29:54.360 --> 29:57.360] It's a Friday night, beautiful night out in Texas.
[29:57.360 --> 30:00.360] We'll be right back, Steve.
[30:00.360 --> 30:06.360] Few people realize today's cameras encode precise GPS location data into your photos.
[30:06.360 --> 30:10.360] That means an online creep could use your birthday pictures to pinpoint your home.
[30:10.360 --> 30:11.360] I'm Dr. Catherine Albrecht.
[30:11.360 --> 30:13.360] Details in a moment.
[30:13.360 --> 30:15.360] Your search engine is watching you,
[30:15.360 --> 30:20.360] recording all your searches and creating a massive database of your personal information.
[30:20.360 --> 30:21.360] That's creepy.
[30:21.360 --> 30:23.360] But it doesn't have to be that way.
[30:23.360 --> 30:26.360] Startpage.com is the world's most private search engine.
[30:26.360 --> 30:29.360] Startpage doesn't store your IP address,
[30:29.360 --> 30:33.360] make a record of your searches or use tracking cookies, and are third-party certified.
[30:33.360 --> 30:37.360] If you don't like Big Brother spying on you, start over with Startpage.
[30:37.360 --> 30:40.360] Great search results and total privacy.
[30:40.360 --> 30:43.360] Startpage.com, the world's most private search engine.
[30:43.360 --> 30:47.360] These days, smartphones with built-in cameras are all the rage.
[30:47.360 --> 30:52.360] But I bet you don't know the information hidden in the photo's digital files could invade your privacy.
[30:52.360 --> 30:58.360] Many new smartphone cameras geotag photographs and videos with the exact coordinates where the images were taken.
[30:58.360 --> 31:01.360] Not only are the latitude and longitude numbers recorded,
[31:01.360 --> 31:05.360] but many include a mapping feature that's like putting a pin on a map.
[31:05.360 --> 31:10.360] The next time you want to upload a picture of your kids in the pool to Facebook or Twitter, think twice.
[31:10.360 --> 31:13.360] If you don't want strangers knowing where your children live,
[31:13.360 --> 31:18.360] review your manufacturer's instructions and disable the geotagging application on your camera.
[31:18.360 --> 31:20.360] I'm Dr. Catherine Albrecht.
[31:20.360 --> 31:30.360] More news and information at CatherineAlbrecht.com.
[31:51.360 --> 32:00.360] Call 888-910-4367 and see what our powder, seeds, and oil can do for you only at NQSA.org.
[32:00.360 --> 32:05.360] Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:05.360 --> 32:07.360] In today's America, we live in an us-against-them society.
[32:07.360 --> 32:12.360] If we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:12.360 --> 32:17.360] Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:17.360 --> 32:20.360] and most importantly, the right to due process of law.
[32:20.360 --> 32:25.360] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[33:03.360 --> 33:10.360] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:10.360 --> 33:19.360] Yeah, I got a warrant, and I'm going to solve them.
[33:19.360 --> 33:24.360] To the end of government, then prosecute them.
[33:24.360 --> 33:26.360] Okay.
[33:26.360 --> 33:30.360] All set.
[33:30.360 --> 33:40.360] Let's go.
[34:00.360 --> 34:15.360] Okay, we are back.
[34:15.360 --> 34:18.360] Randy Cadell and Steve Skidmore with Rule Of Law Radio.
[34:18.360 --> 34:22.360] And I've kind of been stumbling around today.
[34:22.360 --> 34:25.360] I feel like I'm brain dead.
[34:25.360 --> 34:26.360] That happens.
[34:26.360 --> 34:27.360] I don't want to hear that.
[34:27.360 --> 34:33.360] You didn't give me a chance to pick on you while you were gone back.
[34:33.360 --> 34:35.360] Touche, huh?
[34:35.360 --> 34:39.360] Okay, and I'm glad to see Jeff is on.
[34:39.360 --> 34:42.360] Jeff from Maryland, he's the one that sent these cases in.
[34:42.360 --> 34:44.360] Hello, Jeff.
[34:44.360 --> 34:46.360] Hello, Randy.
[34:46.360 --> 34:53.360] Just for your information, I've been trying since 9 o'clock straight up to dial in and been getting a fast busy on area code by 12.
[34:53.360 --> 34:58.360] Oh, Steve, did we have the phone lines off?
[34:58.360 --> 35:01.360] I don't know.
[35:01.360 --> 35:02.360] I turned them on.
[35:02.360 --> 35:04.360] Oh, that's probably it.
[35:04.360 --> 35:09.360] They might have been off, and you weren't able to get in until Steve turned them on.
[35:09.360 --> 35:13.360] Well, I just wanted you to know that I did try to keep the agreement with you.
[35:13.360 --> 35:19.360] I appreciate that, and I wish I had had them on because I've been stumbling around.
[35:19.360 --> 35:23.360] Okay, you sent me a couple of cases.
[35:23.360 --> 35:27.360] Will you kind of give us the overview of what the cases are?
[35:27.360 --> 35:29.360] We want to kind of look at this.
[35:29.360 --> 35:33.360] We have the catalog of highlighted sections.
[35:33.360 --> 35:38.360] As I mentioned to you, the BRIM case where we have all that transcript,
[35:38.360 --> 35:51.360] the precursor to James versus Encore, where they had laid all the groundwork, especially with discovering depositions.
[35:51.360 --> 36:00.360] When they went into James versus Encore, they scorched Encore's earth
[36:00.360 --> 36:09.360] and came, I'd say, within the width of a fine red hair, putting them out of business.
[36:09.360 --> 36:14.360] Will you kind of give us an overview of what the case is about?
[36:14.360 --> 36:17.360] Well, let's discuss the cases first.
[36:17.360 --> 36:24.360] BRIM versus Midland Credit, the transcript of the cases is, I believe, what we'll...
[36:24.360 --> 36:25.360] No, wait a minute.
[36:25.360 --> 36:29.360] Let's kind of give context of what we're going to talk about.
[36:29.360 --> 36:30.360] Okay.
[36:30.360 --> 36:31.360] Okay.
[36:31.360 --> 36:42.360] These are debt cases, and in the case of James versus Encore, it was a case of identity theft.
[36:42.360 --> 36:47.360] He didn't owe the debt, and they pursued him anyway.
[36:47.360 --> 36:55.360] He sent them copies of his affidavits that he filed with the police and with the FTC,
[36:55.360 --> 37:04.360] and they said that they were going to stop pursuing him and then continued to sue him and got a judgment.
[37:04.360 --> 37:06.360] Okay.
[37:06.360 --> 37:10.360] Was that equivalent to like a Rule 11 agreement?
[37:10.360 --> 37:14.360] Did they agree on paper not to sue him?
[37:14.360 --> 37:18.360] No, they just told him.
[37:18.360 --> 37:19.360] Okay.
[37:19.360 --> 37:21.360] Always get it in writing.
[37:21.360 --> 37:26.360] Yeah, I understand. He relied on it, and the next thing he knows, he's got a judgment.
[37:26.360 --> 37:27.360] Okay.
[37:27.360 --> 37:37.360] But what's extraordinarily interesting is the information that is contained in the James versus Encore
[37:37.360 --> 37:46.360] and how the in-house counsels as well as out-of-house counsels have subverted
[37:46.360 --> 37:52.360] and perverted the definitions of certain things.
[37:52.360 --> 38:01.360] But to give you a kind of a let's-pretend example, I walk in, and I'm a debt collector,
[38:01.360 --> 38:07.360] and I have in my hot little hands a photograph of a Ferrari.
[38:07.360 --> 38:13.360] And I go up to the court, and I flash this around, and I show it to the alleged debtor,
[38:13.360 --> 38:20.360] and I show it to the court, and I say to the court, I own this Ferrari.
[38:20.360 --> 38:25.360] What conclusion do you think the court's going to draw from that?
[38:25.360 --> 38:31.360] The conclusion that you own the Ferrari?
[38:31.360 --> 38:35.360] Do you mean that I'm going to own the car that's in the photograph?
[38:35.360 --> 38:37.360] Yes.
[38:37.360 --> 38:42.360] Yeah, well, that may be, but that's not what I said.
[38:42.360 --> 38:45.360] I own this Ferrari.
[38:45.360 --> 38:46.360] Okay.
[38:46.360 --> 38:48.360] Then you own that picture of the Ferrari.
[38:48.360 --> 38:49.360] Okay, hold on.
[38:49.360 --> 38:58.360] I think he's making a point that in the transcript, you're not going to have the picture.
[38:58.360 --> 39:03.360] You're going to have him saying, I own this Ferrari.
[39:03.360 --> 39:09.360] Is that what you're going to, that this is unspecific?
[39:09.360 --> 39:10.360] Right.
[39:10.360 --> 39:21.360] So if I may, let me read to you a couple of paragraphs out of the James versus Encore case.
[39:21.360 --> 39:23.360] You will find these extremely interesting.
[39:23.360 --> 39:32.360] And I believe, Randy, I have said over the years to you a number of times that debt buyers do not buy debt.
[39:32.360 --> 39:35.360] They buy evidence of debt.
[39:35.360 --> 39:42.360] They buy photographs of Ferrari and claim that they own a Ferrari.
[39:42.360 --> 39:48.360] So here's paragraph 23 out of James versus Encore.
[39:48.360 --> 39:56.360] When defendants collectively purchase debt portfolios such as the Capital One portfolio that contained the alleged James account,
[39:56.360 --> 40:04.360] they do not actually purchase anything other than the theoretical claim of ownership.
[40:04.360 --> 40:09.360] There are no notes assigned, no contracts or transfer.
[40:09.360 --> 40:16.360] All the defendants actually purchased is an electronic list of consumers and their last known addresses
[40:16.360 --> 40:20.360] with an amount the creditor claims to have been owed.
[40:20.360 --> 40:29.360] Often the interest rate is not included, dates of birth, Social Security's are not included, and addresses have not been updated.
[40:29.360 --> 40:31.360] Next paragraph.
[40:31.360 --> 40:40.360] Defendants do not actually purchase and receive credit contracts, their specific terms, payment history, sales, or billing documents,
[40:40.360 --> 40:46.360] or other documents absolutely necessary to properly prosecute and collect a debt
[40:46.360 --> 40:58.360] or even know with any reasonable degree of confidence that a specific debtor opened, used, and then failed to pay a debt in a specific account.
[40:58.360 --> 41:06.360] But they always come into court and the attorneys will say, Your Honor, on such and such a date,
[41:06.360 --> 41:13.360] the defendant executed a note and a deed of trust and blah, blah, blah, blah, blah, blah.
[41:13.360 --> 41:16.360] That's hearsay.
[41:16.360 --> 41:20.360] Sure it is.
[41:20.360 --> 41:24.360] And it's also offering the court testimony.
[41:24.360 --> 41:28.360] Lawyers are not allowed to testify.
[41:28.360 --> 41:32.360] If he's going to testify, we need to get him sworn in and on the stand.
[41:32.360 --> 41:33.360] Right.
[41:33.360 --> 41:43.360] Well, actually what you may want to do on that is to greet him and put the judge in an untenable position for violating his canons of judicial conduct
[41:43.360 --> 41:51.360] because the judge is born to the attorney testifying, which violates his code of professional conduct.
[41:51.360 --> 41:53.360] Hello.
[41:53.360 --> 41:55.360] That's kind of a mouthful, isn't it?
[41:55.360 --> 41:58.360] Yeah, that sounds like fun.
[41:58.360 --> 42:02.360] It is exactly the kind of things procès need to do.
[42:02.360 --> 42:03.360] Right.
[42:03.360 --> 42:12.360] Because the judge needs to be reminded that while we may just be an ignorant procès,
[42:12.360 --> 42:17.360] we're not in his court dangling by any bar card.
[42:17.360 --> 42:18.360] No.
[42:18.360 --> 42:21.360] And we can stand good.
[42:21.360 --> 42:23.360] Okay.
[42:23.360 --> 42:27.360] Well, it goes on, that's just in the paragraph 23 and 24.
[42:27.360 --> 42:35.360] Keep in mind, this is page 6 of 36 of the amended complaint.
[42:35.360 --> 42:42.360] Now, one of the things that they have also been guilty of is faults and misleading affidavits.
[42:42.360 --> 42:50.360] But the people who were signing these things don't necessarily know that they're faults and misleading affidavits
[42:50.360 --> 42:58.360] because the in-house counsel has changed the definition of the screen that they're looking at.
[42:58.360 --> 43:06.360] What is referred to as a verification screen is a copy of the screen
[43:06.360 --> 43:11.360] that the remote debt collecting attorney filled out in order to get an affidavit.
[43:11.360 --> 43:20.360] So he filled out a screen from his remote computer after he logged in,
[43:20.360 --> 43:26.360] and he said that basically filled out the form of I need an affidavit for so-and-so-and-so-and-so
[43:26.360 --> 43:35.360] who lives at so-and-so-and-so-and-so, who opened the account on January the 35th, 1984,
[43:35.360 --> 43:43.360] and failed to make payment, it was $14,000.
[43:43.360 --> 43:48.360] Okay, hang on just a moment, we're about to go to break.
[43:48.360 --> 43:51.360] This is Randy Kelton, Steve Skidmore, Weed Law Radio.
[43:51.360 --> 43:55.360] Our phone lines are open, 512-646-1984.
[43:55.360 --> 44:02.360] Give us a call, get in line, we'll be right back.
[44:02.360 --> 44:06.360] Hello, my name is Stuart Smith from naturespureorganics.com,
[44:06.360 --> 44:10.360] and I would like to invite you to come by our store at 1904 Guadalupe Street,
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[44:37.360 --> 44:43.360] That's 512-264-4043, naturespureorganics.com.
[44:43.360 --> 45:01.360] Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.360 --> 45:04.360] Are you the plaintiff or defendant in a lawsuit?
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[46:15.360 --> 46:16.360] Okay, howdy, howdy.
[46:16.360 --> 46:17.360] We are back.
[46:17.360 --> 46:20.360] Randy Kelton, Steve, Joe Esquivel, Rule of Law Radio.
[46:20.360 --> 46:29.360] On this Friday, the fifth day of March 2014, 15, 16, 15.
[46:29.360 --> 46:31.360] Is it 15?
[46:31.360 --> 46:33.360] Getting old sucks.
[46:33.360 --> 46:34.360] Time gets away from you.
[46:34.360 --> 46:42.360] It's 2015, March the 20th, and we're having a little bit of a technical difficulty today.
[46:42.360 --> 46:44.360] But we'll get it straightened out.
[46:44.360 --> 46:46.360] Joe Esquivel is back.
[46:46.360 --> 46:49.360] I know that first segment.
[46:49.360 --> 46:53.360] I understand my voice was feeding back when I was talking.
[46:53.360 --> 46:55.360] It was feeding back in my ears.
[46:55.360 --> 46:59.360] But I didn't know it was going out on the air, and I couldn't talk to my producer.
[46:59.360 --> 47:05.360] So I just dove in there and took off as if everything was okay.
[47:05.360 --> 47:07.360] So I do apologize if that didn't work out well.
[47:07.360 --> 47:12.360] But we've got new equipment in, and it has a glitch or two in it.
[47:12.360 --> 47:14.360] We're trying to get worked out.
[47:14.360 --> 47:18.360] And for those of you who are new listeners, this doesn't happen very often.
[47:18.360 --> 47:22.360] And Debra is an exceptional producer.
[47:22.360 --> 47:27.360] But sometimes when you put in new equipment, it just trips you up.
[47:27.360 --> 47:31.360] So I do apologize for the technical difficulty.
[47:31.360 --> 47:37.360] I'll go through what I started with in the first segment.
[47:37.360 --> 47:41.360] And it was coerwanto actions.
[47:41.360 --> 47:51.360] Coerwanto actually goes to the right of writ, the right of a common law writ.
[47:51.360 --> 48:00.360] And over time, the courts have done everything they can to diminish the power of the common law writ.
[48:00.360 --> 48:12.360] It is stated in various places in law that habeas corpus is a subset of a writ in coerwanto.
[48:12.360 --> 48:23.360] Writ in coerwanto challenges authority, where someone comes forward and claims an authority,
[48:23.360 --> 48:27.360] be it official or corporate.
[48:27.360 --> 48:34.360] Where they claim an authority that is created under law.
[48:34.360 --> 48:40.360] The reason this goes also to corporations is a corporation is a legal fiction.
[48:40.360 --> 48:48.360] A corporation is a person, but that person only exists by virtue of law.
[48:48.360 --> 48:58.360] So you can challenge a public official who steps forward and claims authority to hold a public office.
[48:58.360 --> 49:04.360] If that public official has not met the requirements of that office
[49:04.360 --> 49:14.360] or has performed some action or failed to perform some action that had the effect of vacating the office,
[49:14.360 --> 49:28.360] you can request that the prosecuting attorney prepare and file an information in the form of coerwanto.
[49:28.360 --> 49:35.360] And information in form of coerwanto.
[49:35.360 --> 49:43.360] The reason it says information is because in this instance, the prosecutor doesn't have to have a criminal complaint.
[49:43.360 --> 49:51.360] Normally, a prosecutor has to have a criminal complaint before a prosecuting attorney can get subject matter jurisdiction,
[49:51.360 --> 50:00.360] or subject matter jurisdiction is not exactly right, before his authority is invoked.
[50:00.360 --> 50:08.360] But in this case, I'm sorry, when a prosecutor gets a criminal complaint,
[50:08.360 --> 50:15.360] then he will take that criminal complaint that's intended to be written by private citizens and not legal professionals,
[50:15.360 --> 50:20.360] and he will convert that criminal complaint into an information.
[50:20.360 --> 50:34.360] So in this case, the prosecuting attorney on having it made known to him that a public official holds an office improperly can initiate this himself.
[50:34.360 --> 50:41.360] Normally, a prosecutor is strictly forbidden from initiating a prosecution that goes to Kennedy v. State
[50:41.360 --> 50:49.360] in order to avoid the obvious evils of the accumulation of power in one office for the purpose of filing a criminal complaint.
[50:49.360 --> 50:52.360] A prosecuting attorney is not a credible person.
[50:52.360 --> 50:55.360] He has to get a criminal complaint from somebody else.
[50:55.360 --> 51:02.360] But in this case, the prosecutor can be the originator by information.
[51:02.360 --> 51:15.360] So he would file an information in the form of co-warranto in order to test an official's authority to hold an office.
[51:15.360 --> 51:26.360] That includes public officials, and it includes persons operating under the color of a corporate authority,
[51:26.360 --> 51:32.360] which goes to the municipal corporations and goes to private corporations.
[51:32.360 --> 51:43.360] If you're a stockholder in a company and you have a corporate officer that you have reason to believe is not qualified to hold the office,
[51:43.360 --> 51:52.360] the remedy is to petition the district court to make a determination under co-warranto.
[51:52.360 --> 52:03.360] So since the state created the corporation, the state has some power over their corporation, even if it's a private corporation.
[52:03.360 --> 52:14.360] So for those people, for instance, who have been raising issues about a public official's oath of office,
[52:14.360 --> 52:22.360] there's been a lot of uproar about public officials not filing proper oaths of office.
[52:22.360 --> 52:28.360] The remedy there would be information in the form of co-warranto.
[52:28.360 --> 52:33.360] And I'm looking through the case law, I was doing some research before the show started on the issue.
[52:33.360 --> 52:48.360] If the prosecuting attorney has original jurisdiction, but if the prosecutor fails to act,
[52:48.360 --> 53:00.360] there is case law supporting that a private citizen can then come in as a common law private attorney general.
[53:00.360 --> 53:09.360] Before the Civil War, I think 1863, I believe is when the prosecutors were created.
[53:09.360 --> 53:17.360] Before that, if you had someone commit a crime against you, you'd go out, hire an attorney,
[53:17.360 --> 53:26.360] and the attorney would file an action in the court under the rules of civil procedure.
[53:26.360 --> 53:34.360] And once they created a private prosecutor or a public prosecutor,
[53:34.360 --> 53:44.360] then they pulled out from the rules of civil procedure a subset, the rules of criminal procedure.
[53:44.360 --> 53:49.360] Now, they're just a subset of civil procedure specific to one type of proceeding.
[53:49.360 --> 53:58.360] That proceeding stopped being a civil action grouped in with all the others and became a special subset
[53:58.360 --> 54:05.360] that only the prosecuting attorney for the state or the United States could prosecute.
[54:05.360 --> 54:10.360] So it kind of eliminated our right to act as a private attorney general.
[54:10.360 --> 54:20.360] However, when the prosecutor fails to perform that duty, then there's a lot of contention
[54:20.360 --> 54:28.360] about whether or not the right to a private attorney general is invoked
[54:28.360 --> 54:35.360] by a failure on the part of a prosecuting attorney to perform.
[54:35.360 --> 54:44.360] And as we talked about on a regular basis, everything's political.
[54:44.360 --> 54:47.360] You will not win your case simply because you have the law and the facts on your side.
[54:47.360 --> 54:50.360] To think so is naive.
[54:50.360 --> 54:57.360] But on the other hand, you will not necessarily lose your case
[54:57.360 --> 55:02.360] simply because you don't have the law and the facts on your side.
[55:02.360 --> 55:05.360] In the end, it's all political.
[55:05.360 --> 55:12.360] And where you have a public official acting improperly or inappropriately,
[55:12.360 --> 55:25.360] and you pursue him or her, while the court may eventually toss it, the politics is invoked.
[55:25.360 --> 55:30.360] The political eye is blackened regardless.
[55:30.360 --> 55:35.360] And if you have a public official who's recalcitrant
[55:35.360 --> 55:44.360] and refuses to act in accordance with his oath, everything is political.
[55:44.360 --> 55:49.360] You may not be able to get him directly under law,
[55:49.360 --> 55:53.360] but by challenging him with these procedures,
[55:53.360 --> 56:02.360] you may well position him as a political liability to those around him.
[56:02.360 --> 56:04.360] Even if he wins, he could lose.
[56:04.360 --> 56:11.360] So I'm suggesting you and I, as the masters over the servants,
[56:11.360 --> 56:15.360] exercise our positions and take our servants to task.
[56:15.360 --> 56:23.360] If I file a private attorney general petition in court warrant,
[56:23.360 --> 56:27.360] and they throw it out, then I get to appeal it.
[56:27.360 --> 56:30.360] And we appeal to the state court, and they'll throw it out.
[56:30.360 --> 56:32.360] We appeal to the Supreme Court, and they'll throw it out.
[56:32.360 --> 56:35.360] And then we appeal to the feds for due process,
[56:35.360 --> 56:38.360] denial of due process, and they'll throw it out.
[56:38.360 --> 56:43.360] We'll file a certiorari, and the Supreme will choose to hear it.
[56:43.360 --> 56:49.360] But in the meantime, all the officials involved have to keep dancing
[56:49.360 --> 56:51.360] to the tune of these different courts,
[56:51.360 --> 56:55.360] and they're going to get real upset about this.
[56:55.360 --> 56:57.360] It creates a lot of politics.
[56:57.360 --> 57:02.360] Now, with that said about public officials,
[57:02.360 --> 57:07.360] now we want to go and look at private corporations.
[57:07.360 --> 57:14.360] And in reading all of this, one thing leaped out at me.
[57:14.360 --> 57:16.360] We've been helping people with foreclosure issues,
[57:16.360 --> 57:23.360] and we go to court, and this entity comes before the court,
[57:23.360 --> 57:29.360] or an entity comes to you and claims that you owe money,
[57:29.360 --> 57:32.360] and they have a right to collect that money that you owe.
[57:32.360 --> 57:34.360] But you don't know who this company is.
[57:34.360 --> 57:37.360] You never entered into a contract with them.
[57:37.360 --> 57:42.360] You never have anything to do with these people.
[57:42.360 --> 57:45.360] So who are you?
[57:45.360 --> 57:47.360] And this has been the big issue,
[57:47.360 --> 57:51.360] and we've been challenging subject matter jurisdiction.
[57:51.360 --> 57:56.360] We've been filing agency-standing capacity suits,
[57:56.360 --> 57:59.360] and the courts have been throwing them out.
[57:59.360 --> 58:04.360] We're seeing it filing a petition in Coahuanto.
[58:04.360 --> 58:09.360] A person is purporting to act for a corporation,
[58:09.360 --> 58:13.360] and that corporation is claiming an authority.
[58:13.360 --> 58:17.360] This goes directly to Coahuanto.
[58:17.360 --> 58:18.360] Hang on.
[58:18.360 --> 58:20.360] We're going to the top of the hour.
[58:20.360 --> 58:23.360] This is Randy Kelton, Joe Esquivel,
[58:23.360 --> 58:26.360] we're having a little trouble with Joe's connection.
[58:26.360 --> 58:30.360] We hope to have him up on the other side.
[58:30.360 --> 58:37.360] This is our March the 20th, Friday, March the 20th, 2015 show.
[58:37.360 --> 58:39.360] Hang on.
[58:39.360 --> 58:43.360] We'll be turning the phone lines on as soon as you get everything working,
[58:43.360 --> 58:46.360] so you can call in on your questions or comments.
[58:46.360 --> 58:56.360] We'll be right back.
[59:16.360 --> 59:26.360] We'll be right back.
[59:47.360 --> 01:00:03.360] Live, free speech radio, logosradionetwork.com.
[01:00:03.360 --> 01:00:05.360] You're listening to the Liberty Beat,
[01:00:05.360 --> 01:00:08.360] your daily source for Liberty news and activist updates,
[01:00:08.360 --> 01:00:12.360] online at thelibertybeat.com.
[01:00:12.360 --> 01:00:17.360] John Bush here with your Liberty Beat for Friday, March 20th, 2015.
[01:00:17.360 --> 01:00:20.360] Gold is trading around $1,171.
[01:00:20.360 --> 01:00:23.360] Silver around $16.11,
[01:00:23.360 --> 01:00:27.360] and Bitcoin is trading around $264.
[01:00:27.360 --> 01:00:31.360] Today's metals prices are brought to you by Midas Resources Incorporated,
[01:00:31.360 --> 01:00:37.360] helping clients convert their paper 401Ks and IRAs to solid gold and silver.
[01:00:37.360 --> 01:00:44.360] Get their 10 Reasons book free by calling 1-800-686-2237.
[01:00:44.360 --> 01:00:48.360] That's 1-800-686-2237.
[01:00:48.360 --> 01:00:53.360] Support for the Liberty Beat comes from My Magic Mud, detoxifying tooth powder,
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[01:01:01.360 --> 01:01:04.360] The American Civil Liberties Union and the New York Civil Liberties Union
[01:01:04.360 --> 01:01:07.360] have filed suit against the Transportation Security Administration
[01:01:07.360 --> 01:01:09.360] for records related to the controversial
[01:01:09.360 --> 01:01:13.360] Screening Passengers by Observation Techniques program.
[01:01:13.360 --> 01:01:16.360] The Civil Liberties organizations say they are seeking records
[01:01:16.360 --> 01:01:20.360] related to the effectiveness of the widely criticized program,
[01:01:20.360 --> 01:01:23.360] as well as the percentage of minorities that are targeted.
[01:01:23.360 --> 01:01:27.360] The SPOT program involved TSA behavior detection officers
[01:01:27.360 --> 01:01:32.360] scanning passengers for behavior that the agency associates with stress and fear.
[01:01:32.360 --> 01:01:36.360] The program has been criticized by Congress's Government Accountability Office
[01:01:36.360 --> 01:01:42.360] and independent researchers as ineffective and wasteful.
[01:01:42.360 --> 01:01:46.360] Researchers with the University of Michigan Health System in Ann Arbor
[01:01:46.360 --> 01:01:49.360] say that installing sobriety test devices in vehicles
[01:01:49.360 --> 01:01:54.360] could prevent as much as 85% of alcohol-related deaths in the U.S.
[01:01:54.360 --> 01:01:56.360] The team says that new vehicles could be outfitted
[01:01:56.360 --> 01:02:01.360] with the Driver Alcohol Detection System for Safety, or DADS.
[01:02:01.360 --> 01:02:04.360] Over a 15-year period, older cars could be phased out
[01:02:04.360 --> 01:02:07.360] and new vehicles could be outfitted with the device
[01:02:07.360 --> 01:02:09.360] which prevents the car from starting
[01:02:09.360 --> 01:02:13.360] if the driver has a blood alcohol level of.08 or greater.
[01:02:13.360 --> 01:02:17.360] Researchers say that over the 15-year implementation period,
[01:02:17.360 --> 01:02:20.360] around $343 billion would be saved
[01:02:20.360 --> 01:02:24.360] and more than 59,000 crash fatalities could be avoided.
[01:02:24.360 --> 01:02:27.360] Civil Liberties advocates and Right to Travel supporters
[01:02:27.360 --> 01:02:31.360] believe the measure is intrusive and unconstitutional.
[01:02:31.360 --> 01:02:35.360] Support for the Liberty Beat comes from the Conscious Resistance Network.
[01:02:35.360 --> 01:02:39.360] Videos, news reports, and articles from a spiritual anarchist perspective.
[01:02:39.360 --> 01:02:44.360] Experience the Conscious Resistance at TheConsciousResistance.com.
[01:02:44.360 --> 01:02:48.360] Support for the Liberty Beat also comes from Central Texas Gunworks,
[01:02:48.360 --> 01:02:52.360] your online source for firearms, firearm accessories, and ammunition.
[01:02:52.360 --> 01:02:55.360] They take major credit cards and now accept bitcoin.
[01:02:55.360 --> 01:03:00.360] Visit them online at shop.centraltexasgunworks.com.
[01:03:00.360 --> 01:03:26.360] It's all according to the will of the Almighty. I read His book and it says,
[01:03:26.360 --> 01:03:31.360] I won't pay for the war with my body,
[01:03:31.360 --> 01:03:34.360] ain't gonna pay for the car with my money,
[01:03:34.360 --> 01:03:38.360] I won't pay for the fun with my body,
[01:03:38.360 --> 01:03:41.360] their plans wicked and their logic shoddy,
[01:03:41.360 --> 01:03:44.360] ain't gonna pay for the war with my body,
[01:03:44.360 --> 01:03:48.360] I won't pay for the boys with my money,
[01:03:48.360 --> 01:03:52.360] ain't gonna pay for the kids with my body,
[01:03:52.360 --> 01:03:55.360] the whole agenda smells funny,
[01:03:55.360 --> 01:04:02.360] I wanna fight in a war of my own,
[01:04:02.360 --> 01:04:09.360] that one would be less active than a pro,
[01:04:09.360 --> 01:04:13.360] I wanna pay for a war of my own.
[01:04:13.360 --> 01:04:15.360] Okay, we are back.
[01:04:15.360 --> 01:04:21.360] Randy Kelsey and Joe Esquivel are still having problems with Joe's equipment.
[01:04:21.360 --> 01:04:23.360] So we haven't been able to bring him up today,
[01:04:23.360 --> 01:04:30.360] and I have a caller, I have another guest that I hope to be coming on shortly,
[01:04:30.360 --> 01:04:32.360] Ken Magnuson.
[01:04:32.360 --> 01:04:38.360] If I can get him in, we will talk about some current legislation
[01:04:38.360 --> 01:04:44.360] that's being proposed in Texas and get some perspectives on it.
[01:04:44.360 --> 01:04:59.360] But in the meantime, I was talking about co-warranto and how it may apply to a foreclosure.
[01:04:59.360 --> 01:05:07.360] In looking at co-, when we do a, when we try to help people with foreclosures,
[01:05:07.360 --> 01:05:11.360] one of the primary things in almost every single case,
[01:05:11.360 --> 01:05:17.360] the primary issue is whether or not the claimant,
[01:05:17.360 --> 01:05:23.360] making the claim begin, or trying to exercise the claim against the property,
[01:05:23.360 --> 01:05:31.360] whether or not they have the standing to perform what duty, to do what they're trying to do.
[01:05:31.360 --> 01:05:34.360] And we fought this in court, sometimes we get wins,
[01:05:34.360 --> 01:05:38.360] the primary places we get wins are in bankruptcies,
[01:05:38.360 --> 01:05:45.360] where someone files bankruptcy and claims the property as unsecured.
[01:05:45.360 --> 01:05:51.360] And we've been looking at different ways of putting the claimant in a position
[01:05:51.360 --> 01:05:54.360] to where they have to prove up their claim.
[01:05:54.360 --> 01:06:01.360] When the, when we are the petitioner, and in a non-judicial state,
[01:06:01.360 --> 01:06:06.360] if someone is performing a foreclosure action,
[01:06:06.360 --> 01:06:10.360] they don't have to go to the courts at all,
[01:06:10.360 --> 01:06:15.360] because you've granted them a claim against the property
[01:06:15.360 --> 01:06:17.360] and a confessed judgment against the property.
[01:06:17.360 --> 01:06:23.360] So they can just proceed with the foreclosure without any court involvement.
[01:06:23.360 --> 01:06:29.360] In order for us to get court involvement, we have to file an action against the lender,
[01:06:29.360 --> 01:06:34.360] and that makes the lender the defendant.
[01:06:34.360 --> 01:06:36.360] And it gives us a bit of a problem.
[01:06:36.360 --> 01:06:45.360] If we were in a mortgage state, where the lender has a claim against the property,
[01:06:45.360 --> 01:06:51.360] but does not have a confessed judgment, now they have to go to court and get a judgment.
[01:06:51.360 --> 01:06:56.360] And when they file the petition, we come back with a challenge subject matter jurisdiction.
[01:06:56.360 --> 01:07:05.360] And we put the petitioner on the dime to show that he has agency to represent a principal
[01:07:05.360 --> 01:07:11.360] who has standing and the legal capacity to invoke subject matter jurisdiction of the court.
[01:07:11.360 --> 01:07:15.360] And subject matter jurisdiction is generally a pretty big deal.
[01:07:15.360 --> 01:07:19.360] If we're the petitioner, we can't make that claim.
[01:07:19.360 --> 01:07:25.360] We have to have subject matter jurisdiction to invoke subject matter jurisdiction of the court,
[01:07:25.360 --> 01:07:29.360] but the defendant does not have to have any jurisdiction at all
[01:07:29.360 --> 01:07:33.360] because the jurisdiction is being enforced against him.
[01:07:33.360 --> 01:07:43.360] So now we have to make the claim that the defendant is acting improperly in a non-judicial foreclosure,
[01:07:43.360 --> 01:07:55.360] and the courts are just terribly reluctant to deny a lender or a claimant the right to foreclose.
[01:07:55.360 --> 01:08:00.360] It's as if the court thinks that anybody who has a mortgage issue
[01:08:00.360 --> 01:08:04.360] is nothing but a deadbeat trying to get out of paying his bill.
[01:08:04.360 --> 01:08:10.360] So that's a hurdle we've been trying to find a way to overcome.
[01:08:10.360 --> 01:08:21.360] And then we have companies like American Wholesale Lenders who come in and claim they have standing.
[01:08:21.360 --> 01:08:25.360] And now we can show that American Wholesale Lenders has none at all,
[01:08:25.360 --> 01:08:34.360] but this one is perfect for a petition in court warrant.
[01:08:34.360 --> 01:08:44.360] And the court warrant essentially goes to prove up your standing to do what you claim you're trying to do.
[01:08:44.360 --> 01:08:51.360] And we have, I know of a few people who have mortgages that originated with American Wholesale Lenders,
[01:08:51.360 --> 01:09:03.360] and I'm going to be talking to them to get them to do a petition in court warrant to activate the petition.
[01:09:03.360 --> 01:09:10.360] What the case law is saying that in order to bring a petition in court warrant to,
[01:09:10.360 --> 01:09:14.360] you have to have standing, and in order to get standing,
[01:09:14.360 --> 01:09:29.360] you either have to be harmed or you have to be able to show that the official or the person who's claiming authority
[01:09:29.360 --> 01:09:34.360] is doing so in a way that affects the public interest.
[01:09:34.360 --> 01:09:39.360] And in looking through the case law on court warrant,
[01:09:39.360 --> 01:09:47.360] that was a primary issue is you have to show that it goes to public interest, and we can do that.
[01:09:47.360 --> 01:09:51.360] We can do that by going to the public record.
[01:09:51.360 --> 01:09:54.360] The public record has had a mess made out of it.
[01:09:54.360 --> 01:10:04.360] And the banks after the year 2000 when they entered into this securitization scheme,
[01:10:04.360 --> 01:10:10.360] they didn't do the filings in the public record the way they should have
[01:10:10.360 --> 01:10:27.360] because it was to quote Merz in Benchmark v. Kessler, they said that this requirement to file changes
[01:10:27.360 --> 01:10:38.360] in the beneficial interest of a residential mortgage in the public record was archaic, cumbersome, and costly.
[01:10:38.360 --> 01:10:43.360] And they come up with this whiz bang new company to avoid all of that.
[01:10:43.360 --> 01:10:46.360] I won't go into all the details of Merz in a moment.
[01:10:46.360 --> 01:10:53.360] But it was, they didn't feel like it was proper for them to have to file all of these in the public record.
[01:10:53.360 --> 01:10:59.360] And the Kessler, the Landmark v. Kessler court said that they agreed with them,
[01:10:59.360 --> 01:11:03.360] that this requirement was archaic, costly, cumbersome.
[01:11:03.360 --> 01:11:05.360] However, it was the law.
[01:11:05.360 --> 01:11:11.360] Well, the Merz model took a while to play out.
[01:11:11.360 --> 01:11:15.360] It took a while for the courts to wrap their head around the fact
[01:11:15.360 --> 01:11:23.360] that the Merz model was an attempt to fit residential mortgages
[01:11:23.360 --> 01:11:31.360] into a securities investment scheme to where it just would not work.
[01:11:31.360 --> 01:11:39.360] And now we have all of these companies who entered into agreements with Merz,
[01:11:39.360 --> 01:11:45.360] and a mortgagee created a mortgage, and then it went out of business.
[01:11:45.360 --> 01:11:52.360] But Merz was the nominee for the lender and the lender's successors and assigns.
[01:11:52.360 --> 01:12:01.360] So Merz would come in and then file an assignment from the original lender to some other entity.
[01:12:01.360 --> 01:12:12.360] And to understand why this became a problem is they didn't do anything as long as the note was performing.
[01:12:12.360 --> 01:12:19.360] So if you have a note that's consistently performed well, you won't find anything in the record.
[01:12:19.360 --> 01:12:26.360] Nothing has been changed, everything is, there's just one thing, there's just the original lender in there.
[01:12:26.360 --> 01:12:31.360] But if the note begins to not perform well,
[01:12:31.360 --> 01:12:40.360] then immediately they will assign the note to another company who specializes in collections on slow pay.
[01:12:40.360 --> 01:12:42.360] And that's where the problem comes in.
[01:12:42.360 --> 01:12:45.360] They never did anything as long as it was performing.
[01:12:45.360 --> 01:12:49.360] Well, during this period, the original lender went out of business.
[01:12:49.360 --> 01:12:53.360] All of these mortgage companies are going out of business very quickly,
[01:12:53.360 --> 01:12:57.360] and that's because the whole thing was a tax scheme.
[01:12:57.360 --> 01:13:03.360] And then they'd go out of business and Merz would file a fraudulent document in the public record
[01:13:03.360 --> 01:13:06.360] claiming they were an agent for this company,
[01:13:06.360 --> 01:13:13.360] and they were assigning the beneficial interest in the note and the security instrument to the third party.
[01:13:13.360 --> 01:13:20.360] The problem is the original entity was a person under law, and that person died.
[01:13:20.360 --> 01:13:25.360] And now Merz is claiming to be an agent for the dead guy.
[01:13:25.360 --> 01:13:32.360] So that has the effect of contaminating the public record.
[01:13:32.360 --> 01:13:39.360] With all of these so-called holders out there claiming to hold an interest in the property,
[01:13:39.360 --> 01:13:43.360] but they're not reflected in the public record,
[01:13:43.360 --> 01:13:50.360] then that breaches the original intent of the Registrar of Deeds.
[01:13:50.360 --> 01:13:55.360] Nobody could come into this state and buy property with confidence
[01:13:55.360 --> 01:14:02.360] that some unknown claimant would crawl out of the woodwork at some time
[01:14:02.360 --> 01:14:05.360] and try to foreclose on this property.
[01:14:05.360 --> 01:14:12.360] So that's the public interest we can find, is the integrity of the public record.
[01:14:12.360 --> 01:14:19.360] Yes, go ahead Ken. Ken, we've finally got Ken on.
[01:14:19.360 --> 01:14:24.360] You're going to finish your thought and then we'll go into the legislative stuff after the break?
[01:14:24.360 --> 01:14:30.360] Don't do this on the air. Yes. Okay.
[01:14:30.360 --> 01:14:35.360] Ken, we've got Ken on and as soon as we were, we had about two minutes to break.
[01:14:35.360 --> 01:14:39.360] That's why I didn't want to break in and shift gears quite so quickly.
[01:14:39.360 --> 01:14:43.360] I wanted to finish the thought that we were going to Quarantoo.
[01:14:43.360 --> 01:14:47.360] You probably missed the first part of this segment.
[01:14:47.360 --> 01:14:56.360] We're talking about how we could use Quarantoo to go in and challenge that individual
[01:14:56.360 --> 01:15:00.360] who claims to be acting for a corporation.
[01:15:00.360 --> 01:15:03.360] That's exactly what Quarantoo goes for.
[01:15:03.360 --> 01:15:08.360] Either the authority of an individual to act for a corporation
[01:15:08.360 --> 01:15:16.360] or the authority of the corporation to perform the act it's purporting to perform.
[01:15:16.360 --> 01:15:26.360] We have a company coming to the table saying, I have standing to invoke this contract
[01:15:26.360 --> 01:15:30.360] that my company's name is not on.
[01:15:30.360 --> 01:15:34.360] We say that's an act that's ultra-vibrates.
[01:15:34.360 --> 01:15:41.360] There's a contract here, the original deed of trust, but you're outside that contract.
[01:15:41.360 --> 01:15:50.360] Now we have the claimant in a position to where they're coming to the table making the claim
[01:15:50.360 --> 01:15:54.360] and we force them to have to prove up the claim.
[01:15:54.360 --> 01:15:56.360] That was the whole point of this segment.
[01:15:56.360 --> 01:16:02.360] We were talking about how to get the claimant in a position to where he's forced to prove up his claim.
[01:16:02.360 --> 01:16:06.360] Quarantoo looks like an excellent way to do that.
[01:16:06.360 --> 01:16:09.360] When we come back, we're going to go to Ken Magnuson.
[01:16:09.360 --> 01:16:15.360] We're going to talk about some new legislation, some proposed legislation,
[01:16:15.360 --> 01:16:21.360] and what Ken and some other folks are doing and what you can do
[01:16:21.360 --> 01:16:26.360] to affect how this legislation shakes out in the end.
[01:16:26.360 --> 01:16:28.360] This is Randy Kelton.
[01:16:28.360 --> 01:16:32.360] It's supposed to be Joe Esquivel, but it looks like we won't have him.
[01:16:32.360 --> 01:16:35.360] We may get him later if they can get their issues worked out.
[01:16:35.360 --> 01:16:40.360] Our call-in number is 512-646-1984.
[01:16:40.360 --> 01:16:44.360] Since Ken's on on the bridge, it looks like the call-in board's working,
[01:16:44.360 --> 01:16:48.360] so we're going to spend a segment or two talking about politics.
[01:16:48.360 --> 01:16:52.360] If you have any comments or questions, give us a call.
[01:16:52.360 --> 01:17:00.360] We'll be right back.
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[01:19:25.360 --> 01:19:34.360] Well, ain't gonna fool me with that same old trick again
[01:19:34.360 --> 01:19:40.360] I was blindsided but now I can see your plan
[01:19:40.360 --> 01:19:45.360] You put the beer in my pocket, took the money from my hand
[01:19:45.360 --> 01:19:54.360] Ain't gonna fool me with that same old trick again
[01:19:54.360 --> 01:20:07.360] Ain't gonna fool me
[01:20:07.360 --> 01:20:12.360] Okay, we are back. Randy Kelton, Kin Magazine.
[01:20:12.360 --> 01:20:15.360] We have our radio, we've got Kin on.
[01:20:15.360 --> 01:20:18.360] We expected to have Joe, but we weren't able to bring him up.
[01:20:18.360 --> 01:20:21.360] And we want to talk about some new legislation.
[01:20:21.360 --> 01:20:25.360] Kin, can you kind of give us an idea of what legislation you're looking at
[01:20:25.360 --> 01:20:32.360] and what we can do to either help it along or hold it back?
[01:20:32.360 --> 01:20:36.360] Well, one of the things that's, this is the Texas Legislature
[01:20:36.360 --> 01:20:40.360] we're talking about since the show originates out of Austin.
[01:20:40.360 --> 01:20:44.360] So, you know, we're talking about Texas primarily.
[01:20:44.360 --> 01:20:48.360] The issue right now is that the Texas Legislature only meets
[01:20:48.360 --> 01:20:52.360] on the odd number of years for 180 days.
[01:20:52.360 --> 01:20:56.360] And that means there's a lot of legislation that comes up very quickly
[01:20:56.360 --> 01:21:00.360] and there's a lot of changes that can happen just in an instant
[01:21:00.360 --> 01:21:03.360] that will affect people for the next at least two years.
[01:21:03.360 --> 01:21:08.360] So the issue that comes out of this is in the modern age of the internet
[01:21:08.360 --> 01:21:12.360] all of the legislation is online.
[01:21:12.360 --> 01:21:16.360] It's very easy to find what bills have been proposed,
[01:21:16.360 --> 01:21:19.360] what kind of changes are being suggested.
[01:21:19.360 --> 01:21:23.360] It's very easy to see what committees have been formed
[01:21:23.360 --> 01:21:27.360] and who's on those committees and when the public hearings occur.
[01:21:27.360 --> 01:21:31.360] The problem with it is that most people in Texas are oblivious
[01:21:31.360 --> 01:21:34.360] to the process of the legislature.
[01:21:34.360 --> 01:21:39.360] You know, they may seem to remember the person they voted for in November,
[01:21:39.360 --> 01:21:44.360] but, you know, at this point in time it's, you know, out of sight, out of mind.
[01:21:44.360 --> 01:21:48.360] The problem is the news media is absolutely recalcitrant
[01:21:48.360 --> 01:21:50.360] to report the important stories.
[01:21:50.360 --> 01:21:53.360] They'll find the interesting ones, the odd bills,
[01:21:53.360 --> 01:21:57.360] the strange things that come out of the legislature that usually never pass.
[01:21:57.360 --> 01:22:01.360] They're usually just something that the legislature proposed
[01:22:01.360 --> 01:22:05.360] for a constituent to make him happy so he'll donate $2,000
[01:22:05.360 --> 01:22:07.360] to his election campaign.
[01:22:07.360 --> 01:22:10.360] So the issue here is that the public,
[01:22:10.360 --> 01:22:13.360] especially those concerned with reform of the courts
[01:22:13.360 --> 01:22:17.360] and how the legal process works, should pay special attention
[01:22:17.360 --> 01:22:22.360] to the various committees down there in the legislature and how the process works.
[01:22:22.360 --> 01:22:26.360] We have a number of bills that one bill came through
[01:22:26.360 --> 01:22:36.360] that is a joint resolution for essentially changing the Constitution.
[01:22:36.360 --> 01:22:40.360] I'm going to pull it up here so I can read part of it.
[01:22:40.360 --> 01:22:44.360] To change the Section 7 Article 5 of the Texas Constitution
[01:22:44.360 --> 01:22:51.360] to allow judges to be elected for six years instead of four.
[01:22:51.360 --> 01:22:53.360] And this is district judges.
[01:22:53.360 --> 01:22:56.360] And the problem we have with district judges right now
[01:22:56.360 --> 01:22:59.360] is this is the core area we're finding the corruption,
[01:22:59.360 --> 01:23:02.360] where these judges essentially do whatever they want
[01:23:02.360 --> 01:23:05.360] and very rarely are they held accountable for anything
[01:23:05.360 --> 01:23:08.360] and they just outlast the litigants.
[01:23:08.360 --> 01:23:12.360] The litigants either run out of money or they run out of patience,
[01:23:12.360 --> 01:23:16.360] or depending on the kind of court case it is, they've been jailed
[01:23:16.360 --> 01:23:20.360] and they have no defense, no ability to defend themselves.
[01:23:20.360 --> 01:23:25.360] So what we want is the electorate to be able to replace these judges every four years,
[01:23:25.360 --> 01:23:29.360] so more frequently the better as far as I'm concerned.
[01:23:29.360 --> 01:23:37.360] However, the issue at this point is that the public's pretty apathetic
[01:23:37.360 --> 01:23:40.360] about judicial elections and I'm saying that most of the people
[01:23:40.360 --> 01:23:43.360] that are listening to this show right now in Texas,
[01:23:43.360 --> 01:23:45.360] or in any state for that matter,
[01:23:45.360 --> 01:23:48.360] the things that are going to affect you the most in your life
[01:23:48.360 --> 01:23:50.360] are going to happen in a courtroom.
[01:23:50.360 --> 01:23:54.360] If you get dragged into a courtroom, whether it be criminals or civil,
[01:23:54.360 --> 01:24:02.360] with regards to litigation, a wrongful death, an injury, a car accident, a divorce,
[01:24:02.360 --> 01:24:05.360] very probable people will be in court on a divorce.
[01:24:05.360 --> 01:24:10.360] These are the areas that will absolutely ruin your life
[01:24:10.360 --> 01:24:12.360] based on the corruption of the judges.
[01:24:12.360 --> 01:24:15.360] So people need to take this very important.
[01:24:15.360 --> 01:24:19.360] The issue about electing judges and participating into that process.
[01:24:19.360 --> 01:24:25.360] The bill, just so everybody's aware of it, is House Joint Resolution Number 81
[01:24:25.360 --> 01:24:29.360] and we're essentially, this is a bad idea.
[01:24:29.360 --> 01:24:33.360] That's one example of a piece of legislation that we're watching.
[01:24:33.360 --> 01:24:41.360] There's another bill with regards to the, there was Sunset Review.
[01:24:41.360 --> 01:24:46.360] I'll try to do it quick because we've talked about the Sunset Review process before,
[01:24:46.360 --> 01:24:49.360] but there's a commission set up called the Sunset Commission,
[01:24:49.360 --> 01:24:53.360] which is made up of members of the Senate and the House in Texas
[01:24:53.360 --> 01:24:58.360] and two public members that are appointed by the governor
[01:24:58.360 --> 01:25:01.360] and the lieutenant governor, I believe.
[01:25:01.360 --> 01:25:04.360] So the lieutenant governor and the speaker of the House,
[01:25:04.360 --> 01:25:07.360] those are the two that appoint the public members.
[01:25:07.360 --> 01:25:11.360] So anyway, this commission is supposed to review agencies periodically.
[01:25:11.360 --> 01:25:17.360] Every agency out there that exists in Texas essentially has a date with the agency.
[01:25:17.360 --> 01:25:20.360] If it's not continued, it ceases to exist.
[01:25:20.360 --> 01:25:23.360] So they have to have what they call an authorization bill.
[01:25:23.360 --> 01:25:29.360] The authorization bill is usually brought before the House and the Senate,
[01:25:29.360 --> 01:25:32.360] the year before the agency expires.
[01:25:32.360 --> 01:25:39.360] So right now, Health and Human Services, Family Protective Services is about to expire.
[01:25:39.360 --> 01:25:42.360] It'll expire on September 1, 2015,
[01:25:42.360 --> 01:25:46.360] unless there's an authorization bill passed during this legislative session.
[01:25:46.360 --> 01:25:49.360] Well, during the Sunset hearings a year ago,
[01:25:49.360 --> 01:25:55.360] there was hundreds of people that showed up to complain about Child Protective Services
[01:25:55.360 --> 01:25:59.360] and Family Protective Services and how they did their job.
[01:25:59.360 --> 01:26:04.360] Now, it's not a uniform, we accuse people that are wrongly accused
[01:26:04.360 --> 01:26:09.360] or we fail to accuse people who are absolutely criminals.
[01:26:09.360 --> 01:26:15.360] They seem to make mistakes in any given way, and it seems to be haphazard.
[01:26:15.360 --> 01:26:20.360] But there seems to be some political motivations behind it
[01:26:20.360 --> 01:26:23.360] based on the court and the judge involved.
[01:26:23.360 --> 01:26:27.360] So we're looking at cases in which children have been removed from parents
[01:26:27.360 --> 01:26:32.360] for absolutely ridiculous reasons and sent to foster care.
[01:26:32.360 --> 01:26:34.360] And unfortunately and tragically,
[01:26:34.360 --> 01:26:37.360] some of these children have been sexually abused, beaten,
[01:26:37.360 --> 01:26:39.360] and some have been actually murdered.
[01:26:39.360 --> 01:26:45.360] And yet, Family Protective Services, being headed by a former district judge,
[01:26:45.360 --> 01:26:49.360] essentially has taken no responsibility for any of this.
[01:26:49.360 --> 01:26:53.360] All it's done is talk about reform and everything,
[01:26:53.360 --> 01:26:56.360] but yet there's no bill out there to do any of the reform.
[01:26:56.360 --> 01:27:09.360] The authorization bill is Senate Bill, House Bill 550 by State Representative Price.
[01:27:09.360 --> 01:27:17.360] The bill is 2,654 pages long.
[01:27:17.360 --> 01:27:23.360] The issue here is that they've hidden a lot of changes that they're doing to the law
[01:27:23.360 --> 01:27:30.360] in a large bill where nobody in a 180-day legislative session can read the whole bill,
[01:27:30.360 --> 01:27:35.360] and nobody in the public can get down to the Senate or the House
[01:27:35.360 --> 01:27:40.360] to testify for or against the bill before it gets considered by the floor.
[01:27:40.360 --> 01:27:43.360] They already had the testimony in the Senate in February.
[01:27:43.360 --> 01:27:46.360] They had the testimony in the House in early March,
[01:27:46.360 --> 01:27:50.360] and there was absolutely no time for a group of people to get together.
[01:27:50.360 --> 01:27:54.360] And basically, I've looked out there, and in the Senate hearing,
[01:27:54.360 --> 01:27:57.360] there was no opposition to the bill, meaning nobody from the public
[01:27:57.360 --> 01:27:59.360] came down and testified against it.
[01:27:59.360 --> 01:28:06.360] So this is an example of legislation that gets greased when the powers to be
[01:28:06.360 --> 01:28:14.360] have an ulterior motive and to essentially run this thing through.
[01:28:14.360 --> 01:28:18.360] One of the biggest issues that I see, and I've talked to some of my state legislators
[01:28:18.360 --> 01:28:24.360] in the Dallas area about, is the fact that there's language that talks about
[01:28:24.360 --> 01:28:27.360] in the child's best interest.
[01:28:27.360 --> 01:28:31.360] This has been a discussion now that I've been having with civil rights attorneys
[01:28:31.360 --> 01:28:37.360] all over the country with regards to constitutional issues from the federal Constitution.
[01:28:37.360 --> 01:28:42.360] If we all remember our federal Constitution, we have the right to privacy,
[01:28:42.360 --> 01:28:47.360] we have a right to counsel, we have a Fifth Amendment right not to self-incriminate,
[01:28:47.360 --> 01:28:54.360] and yet it would appear that there's no specific enumerated right to be a parent.
[01:28:54.360 --> 01:29:00.360] Yet the United States Supreme Court has, in fact, ruled that parenting is a fundamental right.
[01:29:00.360 --> 01:29:05.360] So where does the state get to come out and turn around and reach into a family
[01:29:05.360 --> 01:29:09.360] and be able to turn around and micromanage that family?
[01:29:09.360 --> 01:29:13.360] Some of the complaints we've heard, even from one state representative,
[01:29:13.360 --> 01:29:21.360] that he had a case in which the judge precluded the wife from taking the child to church on Sunday.
[01:29:21.360 --> 01:29:28.360] So the issue here is where does the individual discretion of district judges
[01:29:28.360 --> 01:29:35.360] get to reach in to a family and dictate how much television they'll watch,
[01:29:35.360 --> 01:29:40.360] whether they can have a cell phone when they go to bed, and what breakfast cereal they'll eat.
[01:29:40.360 --> 01:29:47.360] Hang on, we're about to go to break. This is Randy Kelton, Kid Magnuson, ruler of our radio.
[01:29:47.360 --> 01:29:51.360] I call in number 512-646-1984.
[01:29:51.360 --> 01:29:54.360] If you want to talk about some legislation, now is a good time.
[01:29:54.360 --> 01:30:01.360] Give us a call, we'll be right back.
[01:30:01.360 --> 01:30:05.360] One South Florida man got more than an eyeful at a local strip club.
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[01:30:07.360 --> 01:30:11.360] I'll be back in a moment to share one man's life-changing encounter
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[01:30:44.360 --> 01:30:48.360] Michael Ireland got much more than an eyeful at South Florida's Cheetah Strip Club.
[01:30:48.360 --> 01:30:52.360] He was bellied up to the bar where the exotic Sookie was performing.
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[01:30:55.360 --> 01:30:58.360] with the metal heel of her platform shoe.
[01:30:58.360 --> 01:31:01.360] The result? Broken eye and nosebones and permanent double vision.
[01:31:01.360 --> 01:31:05.360] Ireland sued and walked away with a cool 650 grand.
[01:31:05.360 --> 01:31:08.360] I had to dig deep, but I did find the moral to the story.
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[01:31:18.360 --> 01:31:23.360] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:30.360 --> 01:33:50.360] Okay, we are back. Raymond Kelton here with Ken Magnuson on this Friday, March 20, 2015.
[01:33:50.360 --> 01:33:57.360] And when we went out, Ken was talking about the family law legislation.
[01:33:57.360 --> 01:34:00.360] Were you picking up where we left off, Ken?
[01:34:00.360 --> 01:34:07.360] Right. The point I was trying to make was the fact that in the best interest of the child is the statute,
[01:34:07.360 --> 01:34:10.360] which is the purpose of the statute.
[01:34:10.360 --> 01:34:15.360] It's the legal art that's being used to describe the discretion the courts have
[01:34:15.360 --> 01:34:21.360] in order to manipulate families after a divorce with regards to custody.
[01:34:21.360 --> 01:34:31.360] And the issue is that this may rise to clear conflict with the United States Constitution for right to parent.
[01:34:31.360 --> 01:34:35.360] Now, if there's an issue with regards to divorce, yes,
[01:34:35.360 --> 01:34:42.360] I understand the state has a right to act as the arbitrator between the two feuding parents
[01:34:42.360 --> 01:34:50.360] and determine the custody of the child based on whatever evidence is produced in the court for the first time.
[01:34:50.360 --> 01:34:55.360] But once that's established, there has to be some sort of significant change,
[01:34:55.360 --> 01:35:00.360] not just an indication of a problem or arguments.
[01:35:00.360 --> 01:35:05.360] There has to be either monetary issues, health issues, educational issues.
[01:35:05.360 --> 01:35:14.360] Maybe the children have disciplinary issues or the parents may have a criminal issue or something of that nature.
[01:35:14.360 --> 01:35:25.360] But only if those special exceptions exist does the state really have any power to intercede and micromanage the family.
[01:35:25.360 --> 01:35:30.360] So the idea here is, let me see if I can put this in a metaphor.
[01:35:30.360 --> 01:35:37.360] So if you're a very highly religious person, as long as you don't beat your kids or allow them to be sexually abused,
[01:35:37.360 --> 01:35:42.360] you can have them in any religious training that you want to.
[01:35:42.360 --> 01:35:49.360] And the issue there becomes that the state cannot interfere with your religious teachings.
[01:35:49.360 --> 01:35:59.360] Same thing with the idea that if you're an atheist and you don't want to take them to a church or a religious training,
[01:35:59.360 --> 01:36:01.360] you have the right not to do that.
[01:36:01.360 --> 01:36:08.360] The court cannot turn around and force you to take them to a religious ceremony of some sort.
[01:36:08.360 --> 01:36:13.360] The same thing as the court doesn't have it within their discretion to turn around and tell you
[01:36:13.360 --> 01:36:16.360] which breakfast cereal you can feed your kids and which ones you can't.
[01:36:16.360 --> 01:36:25.360] Suddenly one court decides that Captain Crunch is just too sweet, so we're going to find that as abused against children.
[01:36:25.360 --> 01:36:30.360] So we use it as an excuse to take the children away from one parent, give it to another parent.
[01:36:30.360 --> 01:36:36.360] And they don't have a right to do that because in the best interest of the child becomes very subjective
[01:36:36.360 --> 01:36:45.360] and dreads heavily on the rights of the parents to raise the children as they see fit.
[01:36:45.360 --> 01:36:49.360] So these things are going to come to a head pretty soon.
[01:36:49.360 --> 01:36:55.360] And apparently the Sunset Commission that heard all of these horror stories about these children dying
[01:36:55.360 --> 01:37:05.360] and being abused in the hands of foster parents that were essentially foisted upon the children by Child Protective Services,
[01:37:05.360 --> 01:37:12.360] all of those complaints that happened before the Sunset Commission fell on deaf ears.
[01:37:12.360 --> 01:37:20.360] The director of the agency is a former district judge, and I question whether or not he has any interest in anything
[01:37:20.360 --> 01:37:29.360] except helping to make sure that his agency is seen as being held harmless for anything that it does,
[01:37:29.360 --> 01:37:37.360] no matter how obviously in violation of law it is.
[01:37:37.360 --> 01:37:39.360] But that's one of the bills that's coming through.
[01:37:39.360 --> 01:37:45.360] And I urge people to go out there and look at it, and you can read it and read sections of it.
[01:37:45.360 --> 01:37:52.360] And if you find sections that you're concerned about, we can always bring them up on the show and discuss it later.
[01:37:52.360 --> 01:37:55.360] So that's one of the other bills that we're looking at.
[01:37:55.360 --> 01:38:00.360] One of the bills that came up recently was about courts.
[01:38:00.360 --> 01:38:04.360] We're very interested in what happens with regard to the operation of courts.
[01:38:04.360 --> 01:38:13.360] And let me find this just a second here, is House Bill 3376.
[01:38:13.360 --> 01:38:25.360] And House Bill 3376 is a bill regarding bailiffs.
[01:38:25.360 --> 01:38:30.360] Everybody that's been to a court, especially if you've been to a court where you've been searched and abused
[01:38:30.360 --> 01:38:38.360] and threatened by the bailiff, that's the strong-armed man with a gun in a uniform usually
[01:38:38.360 --> 01:38:43.360] that tells everybody they have to rise when the judge walks into the chamber.
[01:38:43.360 --> 01:38:46.360] But the bailiffs essentially have to follow the statute.
[01:38:46.360 --> 01:38:55.360] There's a statute on bailiffs, and it's Chapter 33 of the Texas Government Code.
[01:38:55.360 --> 01:39:05.360] Well, anyway, there's a bill proposed to make an exemption for the standard process of the sheriff appointing bailiffs to the court.
[01:39:05.360 --> 01:39:14.360] And they want the family district courts in Tarrant County, Texas at Fort Worth to be able to appoint their own bailiffs.
[01:39:14.360 --> 01:39:17.360] And they're going to appoint him and see him.
[01:39:17.360 --> 01:39:27.360] So the judge that has asked for this piece of legislation has basically stated that he's in fear of his life and wants protection.
[01:39:27.360 --> 01:39:37.360] Part two is that this is a better way for him to exercise the court's business and do it more efficiently.
[01:39:37.360 --> 01:39:44.360] Well, I don't understand that since the guy stands in the corner most of the time, and all he does is checks to make sure everybody turns their cell phones off.
[01:39:44.360 --> 01:39:49.360] Well, in the family courts recently in Tarrant County, they've been confiscating cell phones
[01:39:49.360 --> 01:39:56.360] because they don't want any recordings of the proceedings because the judges are so recalcitrant to following the law
[01:39:56.360 --> 01:40:00.360] that they don't want any recordings of the abuse of power that is occurring.
[01:40:00.360 --> 01:40:08.360] The bailiffs there have been so egregious that they have threatened people who have asked for public information
[01:40:08.360 --> 01:40:17.360] and told them that they wouldn't accept that and have retaliated against those who have essentially tried to obtain public information
[01:40:17.360 --> 01:40:21.360] or tried to watch as a court observer in any of these court hearings.
[01:40:21.360 --> 01:40:27.360] Well, if the judge is so fearful of his life, why is the qualification for a bailiff?
[01:40:27.360 --> 01:40:34.360] Here's the qualification in this bill, governing code qualification 53.103.
[01:40:34.360 --> 01:40:39.360] A bailiff must be a citizen of the United States and must be 18 years of age or older.
[01:40:39.360 --> 01:40:42.360] There it is. That's it. That's the qualification.
[01:40:42.360 --> 01:40:46.360] Do you think if the judge really was in fear of his life, there would be some sort of qualification
[01:40:46.360 --> 01:40:56.360] where the bailiff would have to be trained in being a bodyguard or in being a special services person
[01:40:56.360 --> 01:40:59.360] or in SWAT or something of that nature?
[01:40:59.360 --> 01:41:06.360] But no, basically, if you're over 18 years of age, citizen of the United States, if you have a boat, you could be a bailiff.
[01:41:06.360 --> 01:41:17.360] Am I understanding this right? They're essentially proposing that bailiffs become a member
[01:41:17.360 --> 01:41:21.360] appointed by the judiciary and not by the sheriff's department.
[01:41:21.360 --> 01:41:26.360] So at this point, the bailiff wouldn't be a member of the sheriff's department.
[01:41:26.360 --> 01:41:28.360] Right.
[01:41:28.360 --> 01:41:38.360] So they're trying to separate that altogether, and that's a pretty longstanding constitutional issue.
[01:41:38.360 --> 01:41:49.360] Isn't the sheriff the only one that has the right to enforce law in the county other than municipal police?
[01:41:49.360 --> 01:41:54.360] This seems to create a new policing agency.
[01:41:54.360 --> 01:42:00.360] The legislature can do what it wishes to, and it sets up the requirements of the sheriff.
[01:42:00.360 --> 01:42:06.360] The problem that this also sets up, though, is that the communications between the judge and an appointed bailiff
[01:42:06.360 --> 01:42:13.360] might be considered a communications of the judiciary and would not be subject to public information requests,
[01:42:13.360 --> 01:42:20.360] which means the conversations between the judge and the bailiff could be essentially about corruption,
[01:42:20.360 --> 01:42:28.360] and the public would have no way to get it except by prosecution by the district attorney
[01:42:28.360 --> 01:42:32.360] or investigation, say, by the sheriff's department if they were willing to do that.
[01:42:32.360 --> 01:42:42.360] But that issue about the sheriff thing, it's one of those where if everybody remembers the movie Walking Tall
[01:42:42.360 --> 01:42:48.360] where the sheriff essentially appointed a corrupt judge's office to the men's room,
[01:42:48.360 --> 01:42:52.360] which may have been just a fabrication to make the effect for the movie,
[01:42:52.360 --> 01:42:57.360] but the issue is if the sheriff is of one party or doesn't like some of the judges,
[01:42:57.360 --> 01:43:00.360] maybe he would not assign a bailiff to the courts.
[01:43:00.360 --> 01:43:03.360] Maybe there's an option of whether or not he does have to assign them,
[01:43:03.360 --> 01:43:07.360] or maybe the assignment of the bailiffs aren't up to snuff.
[01:43:07.360 --> 01:43:16.360] So the issue here is if there's a problem in Tarrant County with regards to needing specially appointed bailiffs by the judge,
[01:43:16.360 --> 01:43:23.360] this problem exists on a statewide basis, and the entire statute with regards to Chapter 53
[01:43:23.360 --> 01:43:26.360] needs to be rewritten across the board for everybody.
[01:43:26.360 --> 01:43:33.360] We don't need to have every county and every judge, every judicial district appointing their own bailiffs,
[01:43:33.360 --> 01:43:37.360] because the corrupt districts, the bailiffs will work for the corruption.
[01:43:37.360 --> 01:43:39.360] They'll act as strong arm men.
[01:43:39.360 --> 01:43:46.360] Okay, hang on, we're about to go to break. Randy Kelton, Kid Magnuson,
[01:43:46.360 --> 01:43:51.360] the rule of our radio, our call-in number, 512-646-1984.
[01:43:51.360 --> 01:43:57.360] We have the call boards open. We'll take questions on any subject. We'll be right back.
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[01:46:19.360 --> 01:46:45.360] Okay, we are back. Randy Kelton, Ken Magnuson, Rule of Law Radio.
[01:46:45.360 --> 01:47:06.360] Well, let me finish with the one on the bailiffs. I think everybody will find this interesting.
[01:47:06.360 --> 01:47:11.360] The oath for the assigned bailiff is, the following oath must be administered by the appointing judge
[01:47:11.360 --> 01:47:17.360] to the bailiff under this sub-chapter. It quotes, I solemnly swear that I will perform faithfully
[01:47:17.360 --> 01:47:24.360] and impartially all the duties required of me and required by law, so help me God. That's it.
[01:47:24.360 --> 01:47:27.360] Well, what does that mean?
[01:47:27.360 --> 01:47:32.360] That means whatever the judge tells them to do.
[01:47:32.360 --> 01:47:44.360] That is problematic. I have considered that the biggest problem with the courts is the bailiff.
[01:47:44.360 --> 01:47:51.360] Because, as I understand, a bailiff is a certified police officer. And as a certified police officer,
[01:47:51.360 --> 01:48:00.360] he has sworn on his oath to protect the Constitution of the United States and uphold the laws of the state of Texas.
[01:48:00.360 --> 01:48:09.360] Primarily, his duty is to keep the peace in the courtroom. And it makes no difference who breaches it.
[01:48:09.360 --> 01:48:17.360] If the judge breaches the peace, the bailiff has the same duty he would have if I breached the peace.
[01:48:17.360 --> 01:48:19.360] Go ahead, Ken.
[01:48:19.360 --> 01:48:25.360] However, under this new statute, that duty doesn't exist any longer.
[01:48:25.360 --> 01:48:32.360] He's no longer a certified police officer, and I got a problem with handing a person 18 years of age
[01:48:32.360 --> 01:48:39.360] without any special type of training to stand in a courtroom and keep the quorum
[01:48:39.360 --> 01:48:44.360] and essentially be an enforcer for the judge.
[01:48:44.360 --> 01:48:51.360] And I have a problem with an untrained person strapping on a loaded pistol.
[01:48:51.360 --> 01:48:53.360] I do too.
[01:48:53.360 --> 01:49:01.360] And doing so under an official capacity. I know we have an open carry law.
[01:49:01.360 --> 01:49:06.360] Do you know if that got passed yet, or is it not quite up for folks?
[01:49:06.360 --> 01:49:09.360] I don't think it's gone to the floor yet.
[01:49:09.360 --> 01:49:18.360] And it's probably going to apply only to those who have a handgun permit.
[01:49:18.360 --> 01:49:25.360] So only if you get a handgun permit for concealed carry, you may carry openly as well.
[01:49:25.360 --> 01:49:30.360] But there's always been an argument in Texas whether or not you can open carry
[01:49:30.360 --> 01:49:34.360] when you're out of your county of residence, except that it was pointed out to me a couple years ago
[01:49:34.360 --> 01:49:39.360] that apparently they changed that. The old saddlebag law of Texas went away,
[01:49:39.360 --> 01:49:43.360] and essentially anybody can keep a gun in their car now.
[01:49:43.360 --> 01:49:46.360] Yes, that's what I understand.
[01:49:46.360 --> 01:49:55.360] That would allow these non-certified police officers to put the pistol on.
[01:49:55.360 --> 01:50:04.360] But when we put a pistol on someone's hip and then drape that person in the color of an official capacity,
[01:50:04.360 --> 01:50:09.360] that is really serious business.
[01:50:09.360 --> 01:50:17.360] I was in Wise County today talking to my prosecuting attorney, and he didn't quite get that point.
[01:50:17.360 --> 01:50:24.360] I was there the end of January when they were empaneling a grand jury.
[01:50:24.360 --> 01:50:33.360] And I went there for the purpose of challenging the panel.
[01:50:33.360 --> 01:50:41.360] I had given them prior notice. The judge knew I was there. The prosecuting attorney had researched the issue,
[01:50:41.360 --> 01:50:44.360] so he knew the law concerning the issue.
[01:50:44.360 --> 01:50:52.360] I went there, and the judge just empaneled the jury without giving me an opportunity to challenge the panel.
[01:50:52.360 --> 01:51:01.360] And after the court was over, I approached him about that and told him that he needed to disband that grand jury,
[01:51:01.360 --> 01:51:08.360] reseat them as a panel, and give me opportunity to challenge the panel.
[01:51:08.360 --> 01:51:11.360] And he informed me that I had to follow the proper procedure.
[01:51:11.360 --> 01:51:22.360] I said, well, since there is no procedure for how to challenge the panel prescribed in the code,
[01:51:22.360 --> 01:51:27.360] and the Supreme Court has issued no rules in that regard,
[01:51:27.360 --> 01:51:37.360] it is your duty to conduct your court such that you protect my right to challenge the panel.
[01:51:37.360 --> 01:51:40.360] So since there's no other rules, you have to come up with it.
[01:51:40.360 --> 01:51:44.360] And he said, well, Mr. Count, you'll just have to figure out how to do that.
[01:51:44.360 --> 01:51:47.360] I said, well, I'll see what Travis County has to say about it.
[01:51:47.360 --> 01:51:53.360] And he said, are you threatening me? You're threatening me, and he called the bailiff's office.
[01:51:53.360 --> 01:52:00.360] I said, no, I'm preparing a white paper for the legislature to get some changes to the code done,
[01:52:00.360 --> 01:52:05.360] and I needed to come here and challenge this particular portion of the code
[01:52:05.360 --> 01:52:09.360] so I would have better standing to make the request that I need.
[01:52:09.360 --> 01:52:11.360] Then the bailiffs backed off.
[01:52:11.360 --> 01:52:19.360] However, as far as I was concerned, I approached the judge because he denied me
[01:52:19.360 --> 01:52:24.360] in the full and free access to or enjoyment of a right.
[01:52:24.360 --> 01:52:28.360] And in order to prevent me from securing that right,
[01:52:28.360 --> 01:52:34.360] he threatened me with people who were wearing loaded pistols.
[01:52:34.360 --> 01:52:39.360] The way I read the code in the state of Texas under 2202B2A,
[01:52:39.360 --> 01:52:45.360] if a person commits simple assault while prominently displaying a dead weapon,
[01:52:45.360 --> 01:52:48.360] that's second degree felony in the state of Texas.
[01:52:48.360 --> 01:52:54.360] Unless that person is a public official acting under the color and official authority,
[01:52:54.360 --> 01:52:57.360] in which case it is a first degree felony.
[01:52:57.360 --> 01:53:03.360] And the prosecutor said, well, those were bailiffs. You weren't really in any danger.
[01:53:03.360 --> 01:53:07.360] Oh, I wasn't. And what about Dick?
[01:53:07.360 --> 01:53:10.360] Oh, that. Dick is one of the bailiffs there,
[01:53:10.360 --> 01:53:15.360] and he once broke my elbow to keep me from giving criminal complaints
[01:53:15.360 --> 01:53:18.360] to the grand jury against the district attorney.
[01:53:18.360 --> 01:53:22.360] That's when the when the current district attorney was a county attorney.
[01:53:22.360 --> 01:53:25.360] So, yeah, I was at risk.
[01:53:25.360 --> 01:53:31.360] I was at risk from people wearing prominently displaying deadly weapons
[01:53:31.360 --> 01:53:34.360] at the direction of the judge.
[01:53:34.360 --> 01:53:41.360] And the fact that they didn't proceed with the rest is irrelevant.
[01:53:41.360 --> 01:53:45.360] That bill's already been wrung.
[01:53:45.360 --> 01:53:52.360] Well, this rises to the level of the problems we have with the bailiffs altogether.
[01:53:52.360 --> 01:53:57.360] The entire government control talking, the government code talking about bailiffs,
[01:53:57.360 --> 01:54:03.360] looks like it's been a piecemeal band-aid effect to essentially further the corruption
[01:54:03.360 --> 01:54:10.360] of individual counties and courts by allowing them to appoint their own their own henchmen.
[01:54:10.360 --> 01:54:15.360] And every one of these bailiffs knew full well I had not threatened the judge.
[01:54:15.360 --> 01:54:20.360] Only one stood back, and that was Dick,
[01:54:20.360 --> 01:54:23.360] because he had already stepped forward when he shouldn't have.
[01:54:23.360 --> 01:54:26.360] And I didn't pursue him, and he got an object lesson.
[01:54:26.360 --> 01:54:32.360] The rest of them, whatever the judge said, if the judge said shoot him, they would shoot me.
[01:54:32.360 --> 01:54:35.360] They wouldn't care.
[01:54:35.360 --> 01:54:41.360] Now, this particular legislation is going to make this a hundred times worse.
[01:54:41.360 --> 01:54:43.360] Right, exactly.
[01:54:43.360 --> 01:54:48.360] So the issue here is that the whole statute with regards to how bailiffs are trained
[01:54:48.360 --> 01:54:51.360] and everything is absolutely unacceptable.
[01:54:51.360 --> 01:54:54.360] I've run into bailiffs with problems as well.
[01:54:54.360 --> 01:54:58.360] I ran into problems with bailiffs at the Denton County Courthouse when I had a camera.
[01:54:58.360 --> 01:55:03.360] I wasn't in the courtroom, and a bailiff questioned my having the camera.
[01:55:03.360 --> 01:55:09.360] And I said, I'm out here in the public area taking photographs just like any other news crew would.
[01:55:09.360 --> 01:55:16.360] And I said, who are you to question my First Amendment rights in order to take photographs
[01:55:16.360 --> 01:55:23.360] and be able to, you know, do this in a public area like anyone else?
[01:55:23.360 --> 01:55:27.360] And he backed off at that point, but other bailiffs aren't so likely.
[01:55:27.360 --> 01:55:33.360] They have this, and that's one of the problems that we're seeing is that with regards to the bailiffs,
[01:55:33.360 --> 01:55:37.360] what needs to happen is there needs to be very clear statutory requirement
[01:55:37.360 --> 01:55:39.360] plus special training for the bailiffs.
[01:55:39.360 --> 01:55:43.360] The bailiffs need to be trained so that they recognize what a judge is allowed to do
[01:55:43.360 --> 01:55:45.360] and what they're not allowed to do.
[01:55:45.360 --> 01:55:48.360] And then there needs to be prescribed issue there.
[01:55:48.360 --> 01:55:51.360] If the judge wants to issue special orders to the bailiff,
[01:55:51.360 --> 01:55:58.360] he must issue them as rules of his court specifically to his bailiffs in writing and postal.
[01:55:58.360 --> 01:56:01.360] So everybody knows what the posting of the rules are.
[01:56:01.360 --> 01:56:09.360] The same judge that has requested this piece of legislation has been removing people's cell phones,
[01:56:09.360 --> 01:56:15.360] pen and paper so they can't make notes of the proceedings in his courtroom.
[01:56:15.360 --> 01:56:25.360] Yes, and the Tarrant County seems to be, the family courts seem to be especially a problem.
[01:56:25.360 --> 01:56:32.360] There's the problem in Tarrant County, but there's also a couple other counties that echo the same issues.
[01:56:32.360 --> 01:56:37.360] Harris County, which is Houston, Barrett County, which is San Antonio.
[01:56:37.360 --> 01:56:44.360] The problem doesn't seem to be as acute in Austin, Travis County or in Dallas County.
[01:56:44.360 --> 01:56:48.360] However, some of the smaller counties out in some of the other areas,
[01:56:48.360 --> 01:56:54.360] Taylor County is particularly bad in its abuse of power by family court judges.
[01:56:54.360 --> 01:57:01.360] Personal experience there, I followed a number of cases in Taylor County where nobody followed any of the rules.
[01:57:01.360 --> 01:57:06.360] They did whatever they wanted to, and if you lost your attorney for whatever reason,
[01:57:06.360 --> 01:57:09.360] they didn't follow any of the rules even when they wanted to.
[01:57:09.360 --> 01:57:15.360] Just so the listeners understand, in the family code in Texas, if you're accused of contempt,
[01:57:15.360 --> 01:57:20.360] and they're going to put you in jail because you haven't paid your child support or you did something wrong,
[01:57:20.360 --> 01:57:22.360] that's called criminal contempt.
[01:57:22.360 --> 01:57:28.360] And if you don't have counsel, they have to have a hearing to appoint you counsel.
[01:57:28.360 --> 01:57:32.360] They always have to have that hearing before they ever have the hearing on the contempt,
[01:57:32.360 --> 01:57:37.360] because you can't be held in contempt for something in which you could not do.
[01:57:37.360 --> 01:57:42.360] If you're poor and you're unemployed because you lost your job because of the legal proceedings
[01:57:42.360 --> 01:57:49.360] that you've been embroiled in in two years, they can't put you in jail for failing to pay what you don't have.
[01:57:49.360 --> 01:57:57.360] And that's what's been going on across the state pretty consistently in the family courts.
[01:57:57.360 --> 01:58:03.360] And yet these judges would just totally ignore the part of the family code that says they have to appoint counsel.
[01:58:03.360 --> 01:58:10.360] They've seen that over and over and over again, and yet nothing seems to ever happen to these judges for failure to follow statute.
[01:58:10.360 --> 01:58:14.360] This isn't something you can waive unless you sign it.
[01:58:14.360 --> 01:58:16.360] You can't waive it by accident.
[01:58:16.360 --> 01:58:19.360] OK, hang on, we're about to go to break.
[01:58:19.360 --> 01:58:23.360] This is Randy Kelton, Ken Magnuson, Rue of La Radio.
[01:58:23.360 --> 01:58:27.360] Gary, I see you there, and we will pick you up when we get back on the other side.
[01:58:27.360 --> 01:58:34.360] Gary has a comment on current legislation right on topic, so when we come back on the other side, we'll pick him up.
[01:58:34.360 --> 01:58:38.360] Give us a call, 512-646-1984.
[01:58:38.360 --> 01:58:43.360] We'll be taking calls on all subjects, not just legislation.
[01:58:43.360 --> 01:58:50.360] So hang on, we'll be right back.
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