ROL_2016-09-01_16k.timecode

[00:00.000 --> 00:07.840]  The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[00:07.840 --> 00:15.440]  bulletins for the commodity market, today in history, news updates, and the inside scoop
[00:15.440 --> 00:23.200]  into the tides of the alternative.
[00:23.200 --> 00:29.760]  Markets for Wednesday, August 31st, 2016, are currently treading with gold at $1,308.64
[00:29.760 --> 00:37.120]  an ounce, silver $18.64 an ounce, Texas crude $46.35 a barrel, and Bitcoin is currently
[00:37.120 --> 00:46.320]  sitting at about $572 U.S. currency.
[00:46.320 --> 00:52.040]  Today in history, the year 1939, Nazi Germany conducts a staged attack on the Gluwitz radio
[00:52.040 --> 00:57.120]  station inciting popular opinion into attacking Poland, who they blamed for the incident.
[00:57.120 --> 01:05.600]  This false flag led to World War II in Europe the following day, today in history.
[01:05.600 --> 01:10.200]  In recent news, Jesse Morton, also known as Yanis Abdullah Mohammed, who worked as a
[01:10.200 --> 01:15.360]  U.S.-based recruiter for Al Qaeda, was recently hired by George Washington University in Washington,
[01:15.360 --> 01:16.360]  D.C.
[01:16.360 --> 01:20.800]  Mr. Morton has reformed his radical ways and could offer great insight into radicalization,
[01:20.800 --> 01:22.360]  says Washington University.
[01:22.360 --> 01:26.420]  He helped create Revolution Muslim, a New York-based organization that advocated the
[01:26.420 --> 01:30.960]  establishment of a traditionalist Islamic state and the downfall of Western imperialism.
[01:30.960 --> 01:35.720]  In 2011, Morton was jailed as a result of threats against the creators of South Park
[01:35.720 --> 01:40.080]  after the cartoon depicted the Prophet Mohammed in a bear costume, and apparently while in
[01:40.080 --> 01:44.840]  prison he had a change of heart inspired in part by texts written by European Enlightenment
[01:44.840 --> 01:45.840]  philosophers.
[01:45.840 --> 01:50.080]  His sentence was then reduced from 11 years to less than four and became an informant
[01:50.080 --> 01:51.280]  for the FBI.
[01:51.280 --> 01:55.720]  After being freed in 2015, he got a job as a research fellow at the Center for Cyber and
[01:55.720 --> 02:03.720]  Homeland Security at Washington University.
[02:03.720 --> 02:07.880]  And State Department attorneys stated yesterday that they uncovered 30 Benghazi-related emails
[02:07.880 --> 02:11.000]  among the records retrieved from Hillary Clinton's private server.
[02:11.000 --> 02:16.080]  The emails were among the roughly 15,000 emails FBI agents said they got through her server
[02:16.080 --> 02:18.680]  in the course of the year-long investigation surrounding it.
[02:18.680 --> 02:22.640]  However, many of the emails were deleted beyond retrieval after the Democratic nominee's
[02:22.640 --> 02:27.360]  team used a digital tool called BleachBit to scrub all the hardware that was eventually
[02:27.360 --> 02:29.880]  confiscated by law enforcement agents.
[02:29.880 --> 02:34.400]  These findings came about via a lawsuit, one of several, filed by Judicial Watch in pursuit
[02:34.400 --> 02:38.280]  of records related to Clinton's tenure as Secretary of the State Department.
[02:38.280 --> 02:45.920]  The Lone Star Lowdown is currently looking for sponsors to ship a product or a service
[02:45.920 --> 02:50.920]  if you'd like to advertise with us.
[02:50.920 --> 02:57.680]  This has been Rick Roady with your lowdown for August 31, 2016.
[03:50.920 --> 04:10.880]  All right, folks, good evening.
[04:10.880 --> 04:14.120]  This is the Thursday night Rule of Law radio show.
[04:14.120 --> 04:17.120]  It is September 1, 2016.
[04:17.120 --> 04:19.560]  And no, you are not imagining things.
[04:19.560 --> 04:23.280]  Your Monday night host, Eddie Craig, is hosting the Thursday night show, at least for the
[04:23.280 --> 04:26.400]  time being, until Randy Kelton can get on.
[04:26.400 --> 04:31.120]  And we are waiting for a call-in for our guest tonight, Michael Badnerich, ex-presidential
[04:31.120 --> 04:38.360]  candidate for president of the United States, and teaches a constitutional class whenever
[04:38.360 --> 04:41.480]  and wherever he can get calls to host one.
[04:41.480 --> 04:45.600]  And he's going to be on tonight talking about one, where he's going to have it and when,
[04:45.600 --> 04:46.600]  and so on and so forth.
[04:46.600 --> 04:51.160]  And we're waiting for him to call in to the caller bridge so we can get him on.
[04:51.160 --> 04:55.680]  And while we're waiting on him to do that, we've got the phone lines, which we're going
[04:55.680 --> 04:56.680]  to go ahead and open up.
[04:56.680 --> 05:00.180]  He wanted to be able to have the phones on.
[05:00.180 --> 05:05.200]  But until we get a chance to talk to him, I'm not going to go ahead and take calls yet.
[05:05.200 --> 05:07.320]  So if you want to call and get in line, that's fine.
[05:07.320 --> 05:10.640]  But we'll start taking calls after he at least is able to get on and get his announcement
[05:10.640 --> 05:12.280]  about the class out.
[05:12.280 --> 05:18.840]  In the meantime, however, there is something that I do want to talk about.
[05:18.840 --> 05:22.680]  I am, those of you that listened to me on Monday nights know that I'm currently working
[05:22.680 --> 05:30.920]  on a felony case where the Department of Public Safety has illegally stopped another individual
[05:30.920 --> 05:35.440]  under the transportation code and this time charged him with felony evading, despite the
[05:35.440 --> 05:40.140]  fact that the penal code charge can't be used.
[05:40.140 --> 05:47.320]  The prosecuting attorney is attempting to prosecute this man under the penal code when
[05:47.320 --> 05:55.200]  there is already a charge limited by the transportation code to a completely different and much lower
[05:55.200 --> 05:57.720]  level of offense.
[05:57.720 --> 06:05.720]  So part of the paperwork that I'm doing is to quash the indictment and so on and so forth.
[06:05.720 --> 06:12.240]  But I'm also going to do paperwork going directly after the rights violation perpetrated by
[06:12.240 --> 06:15.440]  the district attorney in this case.
[06:15.440 --> 06:20.680]  Now just for informational purposes, I'm going to explain to you how this scenario is currently
[06:20.680 --> 06:27.040]  set up in Texas to deprive, proceeds especially, of their right of due process.
[06:27.040 --> 06:33.380]  But generally speaking, it deprives everyone of their right of due process.
[06:33.380 --> 06:36.480]  But it looks like Michael's up on the board, I'm going to go ahead and bring him live with
[06:36.480 --> 06:37.480]  us.
[06:37.480 --> 06:38.480]  Michael, are you there?
[06:38.480 --> 06:39.480]  It is me.
[06:39.480 --> 06:40.480]  Hi.
[06:40.480 --> 06:41.480]  Hi.
[06:41.480 --> 06:44.960]  If you hadn't been listening, I'm going into a little bit of a discussion here with him
[06:44.960 --> 06:49.360]  and then we'll pick up on your announcement and all that if that's okay with you.
[06:49.360 --> 06:50.360]  That's good with me.
[06:50.360 --> 06:51.360]  Yeah.
[06:51.360 --> 06:52.360]  Okay.
[06:52.360 --> 06:53.360]  All right.
[06:53.360 --> 06:56.760]  Now anyway, what the prosecutors in Texas have been authorized to do by the way the
[06:56.760 --> 07:03.800]  legislature which is also their fellow crony attorneys writing this stuff, they've changed
[07:03.800 --> 07:08.680]  the rules of evidence, they've changed the rules of procedure all in favor of the government's
[07:08.680 --> 07:15.600]  ability to deny a pro se, which this individual is, and having access to the evidence that
[07:15.600 --> 07:18.840]  the prosecutor is going to be using against them in court.
[07:18.840 --> 07:23.380]  Basically what they've done is create a dual rights system.
[07:23.380 --> 07:28.600]  If you're represented by legal counsel, your legal counsel can get copies of all of the
[07:28.600 --> 07:33.160]  evidence except for very specific types.
[07:33.160 --> 07:41.160]  Whereas if you're pro se, you cannot be given a copy of anything except for your own sworn
[07:41.160 --> 07:42.920]  statement.
[07:42.920 --> 07:49.560]  You can't even see most of what they have except your own sworn statement.
[07:49.560 --> 07:53.960]  So basically speaking, they are trying to force you down the road of having to pay an
[07:53.960 --> 07:58.680]  attorney before you can even see the evidence they're going to use against you, which is
[07:58.680 --> 08:03.680]  a direct violation of your protected rights.
[08:03.680 --> 08:07.880]  You have the right to see the evidence to be used against you, you have a right to compel
[08:07.880 --> 08:13.480]  witnesses, you have a right to all of this stuff, yet the courts and the prosecutors
[08:13.480 --> 08:18.320]  are colluding to prevent those rights from being fulfilled.
[08:18.320 --> 08:24.160]  Now where this becomes a major problem is this, the Code of Criminal Procedure specifically
[08:24.160 --> 08:30.320]  says that anyone charged with a felony in Texas has a right to an examining trial.
[08:30.320 --> 08:37.880]  The examining trial is the only procedure prescribed by law by which an independent
[08:37.880 --> 08:44.680]  determination of probable cause for the initial seizure and arrest and the admissibility of
[08:44.680 --> 08:49.640]  the evidence and testimony can be done.
[08:49.640 --> 09:02.320]  It's the only place and everything that occurs in that examining trial is appealable error.
[09:02.320 --> 09:08.560]  And by the statutory scheme designed by the legislature, the accused, if they have a felony
[09:08.560 --> 09:13.680]  or any other case where they were arrested without a warrant, where the arrest itself
[09:13.680 --> 09:20.520]  is deemed unlawful on its face, a probable cause determination has to be made.
[09:20.520 --> 09:22.800]  But there isn't one being made.
[09:22.800 --> 09:29.260]  The probable cause is always presumed to be good and the rights of the accused are sacrificed
[09:29.260 --> 09:34.680]  on that presumption, but it gets worse.
[09:34.680 --> 09:43.680]  The prosecuting attorney can deny the accused in that statutorily granted right by seeking
[09:43.680 --> 09:49.480]  to get an indictment before the examining trial can be held.
[09:49.480 --> 09:50.680]  Now you get this?
[09:50.680 --> 09:56.560]  This is supposed to be a right of the accused unless the prosecuting attorney can convince
[09:56.560 --> 10:02.200]  a grand jury to hand down an indictment before the date of the examining trial and then it
[10:02.200 --> 10:03.640]  doesn't happen at all.
[10:03.640 --> 10:08.760]  It's denied, which negates the idea that it's a right to begin with.
[10:08.760 --> 10:13.080]  It's a government revocable privilege under those conditions.
[10:13.080 --> 10:18.880]  It's never a right, but that's exactly what the statute says, that they have a right to
[10:18.880 --> 10:19.880]  it.
[10:19.880 --> 10:28.160]  So the prosecuting attorney goes to the grand jury and he gets an indictment, thus denying
[10:28.160 --> 10:35.520]  the examining trial to the accused and preventing them from challenging on its face the validity
[10:35.520 --> 10:41.680]  of the original seizure, the warrantless seizure.
[10:41.680 --> 10:47.000]  They don't get to challenge the validity of a warrant even if they had one without the
[10:47.000 --> 10:49.600]  examining trial.
[10:49.600 --> 10:58.640]  There is no step in procedure for this to occur at any point other than an examining trial,
[10:58.640 --> 11:05.120]  which has been denied by being undermined via the prosecuting attorney's office, whether
[11:05.120 --> 11:06.960]  it be a county attorney or a district attorney.
[11:06.960 --> 11:10.400]  Same thing applies in the justice and municipal courts.
[11:10.400 --> 11:15.040]  They do not conduct an examining trial despite the warrantless seizure and arrest of the
[11:15.040 --> 11:17.760]  individual at the time of the stop.
[11:17.760 --> 11:25.280]  No probable cause determination is ever found, therefore, no appealable error can be preserved
[11:25.280 --> 11:26.840]  by the accused.
[11:26.840 --> 11:31.400]  And I've been reading a lot of case law this past week, studying up for this case, and
[11:31.400 --> 11:37.060]  I have found several very interesting things that the Texas courts have ruled on in relation
[11:37.060 --> 11:40.800]  to what it takes to get an appealable error.
[11:40.800 --> 11:44.080]  And this goes to something that I teach in my class.
[11:44.080 --> 11:48.780]  And these cases confirm it is 100% accurate.
[11:48.780 --> 11:54.520]  This is the difference between written and oral argument.
[11:54.520 --> 12:03.000]  Even if you make the challenge in writing in your motions, the court of appeals says
[12:03.000 --> 12:12.200]  very clearly that the error is not preserved unless it is also challenged on the record
[12:12.200 --> 12:14.200]  at trial.
[12:14.200 --> 12:18.040]  You got that?
[12:18.040 --> 12:25.360]  You're never given an opportunity at trial to challenge the initial arrest.
[12:25.360 --> 12:26.640]  Never.
[12:26.640 --> 12:31.600]  They will rule on you hands down that that's a pretrial issue and you will be held to contempt
[12:31.600 --> 12:37.760]  to court if you even try to mention the illegal arrest.
[12:37.760 --> 12:44.560]  Now, do you see how this is being arranged to undermine the rights of the people of the
[12:44.560 --> 12:47.880]  state of Texas to a fair and impartial trial?
[12:47.880 --> 12:56.840]  It is time for the judicial system as we know and understand it in Texas to be destroyed
[12:56.840 --> 13:00.880]  completely from the ground up.
[13:00.880 --> 13:13.440]  No attorney should ever be allowed to be a judge in a court of record, never, never ever.
[13:13.440 --> 13:18.000]  No attorney should be allowed to hold any lawmaking public office.
[13:18.000 --> 13:25.480]  It's a violation of the separation of powers under the Texas Constitution.
[13:25.480 --> 13:32.080]  But the way they have arranged this system is entirely to enrich themselves at our expense,
[13:32.080 --> 13:38.800]  literally at our expense and not just in terms of money, but in terms of lost property, lost
[13:38.800 --> 13:48.320]  lives and lost time by being illegally incarcerated on a conviction that should never have happened
[13:48.320 --> 13:52.520]  because you were denied in your right of due process to make appealable error preserved
[13:52.520 --> 14:00.920]  in the record because they didn't give you proper due process.
[14:00.920 --> 14:07.680]  So not only do you have to make the objection at before trial in your written pleadings,
[14:07.680 --> 14:12.320]  you have to make those objections again in your motion for new trial.
[14:12.320 --> 14:14.480]  Now, you understand that?
[14:14.480 --> 14:20.640]  This has to be done three separate times in your pleadings, in your motion for new trial
[14:20.640 --> 14:25.860]  and during trial so that it is a part of the record.
[14:25.860 --> 14:30.800]  But what happens when they screw you over in exactly the same way in a court of no record
[14:30.800 --> 14:34.800]  and send it up to appeal to a county court at law for a trial de novo where basically
[14:34.800 --> 14:40.480]  it's a do-over, which creates the problem that since it is not the court of original
[14:40.480 --> 14:46.880]  jurisdiction and there are unaddressed due process errors from the original trial court,
[14:46.880 --> 14:51.080]  how do you ever get those addressed in that court?
[14:51.080 --> 14:55.160]  Because that court acts as if none of that ever happened and they proceed from square
[14:55.160 --> 15:00.760]  one as if they were the only court to ever hear the case when in fact, they are not the
[15:00.760 --> 15:08.160]  court of original jurisdiction who addresses the illegal acts of the lower courts when
[15:08.160 --> 15:11.920]  they are not courts of record.
[15:11.920 --> 15:16.000]  Absolutely nobody.
[15:16.000 --> 15:26.320]  This, people, is the way the system is designed to operate, not just in Texas but pretty much
[15:26.320 --> 15:27.680]  in every state.
[15:27.680 --> 15:31.480]  All you have to do is look at the rules of procedure and the case law on those rules
[15:31.480 --> 15:36.480]  of procedure and the rules of evidence and you will see very quickly this is not about
[15:36.480 --> 15:37.480]  justice.
[15:37.480 --> 15:40.620]  This is not about protecting the rights of the accused.
[15:40.620 --> 15:47.280]  The rights of the accused is given very superficial glossing over as far as protections.
[15:47.280 --> 15:55.800]  It is all about the government's ability to penalize.
[15:55.800 --> 16:02.560]  Collect money and put you on the altar of sacrifice so that it can be done.
[16:02.560 --> 16:07.480]  If we don't get rid of these damned attorneys and the way they control and manipulate our
[16:07.480 --> 16:10.560]  system we are as good as gone.
[16:10.560 --> 16:13.320]  They write the laws that deprive us of our rights.
[16:13.320 --> 16:16.080]  They control the courts that deprive us of our rights.
[16:16.080 --> 16:20.600]  They throw us under the bus while telling us that they are there to defend us and represent
[16:20.600 --> 16:26.920]  us and it is all a big bald faced lie.
[16:26.920 --> 16:32.800]  No one authorized attorneys to seize control of every damned department of our government
[16:32.800 --> 16:38.040]  and thus enrich and empower themselves over the will of the people.
[16:38.040 --> 16:43.400]  But they sure have you all convinced that society and the world would collapse without
[16:43.400 --> 16:44.400]  them.
[16:44.400 --> 16:49.240]  I for one would love to really find out.
[16:49.240 --> 16:54.120]  All right folks we will be back on the other side of this break with Mr. Michael Badnerick.
[16:54.120 --> 17:00.760]  Y'all hang in there 512-646-1984 we will be right back.
[17:00.760 --> 17:06.800]  Through advances in technology our lives have greatly improved except in the area of nutrition.
[17:06.800 --> 17:11.520]  People feed their pets better than they feed themselves and it's time we changed all that.
[17:11.520 --> 17:17.120]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[17:17.120 --> 17:23.560]  In a world where natural foods have been irradiated, adulterated, and mutilated young Jevity can
[17:23.560 --> 17:25.840]  provide the nutrients you need.
[17:25.840 --> 17:30.680]  Logos Radio Network gets many requests to endorse all sorts of products most of which
[17:30.680 --> 17:31.780]  we reject.
[17:31.780 --> 17:37.040]  We have come to trust young Jevity so much we became a marketing distributor along with
[17:37.040 --> 17:39.840]  Alex Jones, Ben Fuchs, and many others.
[17:39.840 --> 17:46.240]  When you order from LogosRadioNetwork.com your health will improve as you help support
[17:46.240 --> 17:47.240]  quality radio.
[17:47.240 --> 17:51.720]  As you realize the benefits of young Jevity you may want to join us.
[17:51.720 --> 17:57.360]  As a distributor you can experience improved health, help your friends and family, and
[17:57.360 --> 17:59.320]  increase your income.
[17:59.320 --> 18:00.320]  Order now.
[18:00.320 --> 18:05.320]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.320 --> 18:09.320]  Stop debt collectors now with the Michael Mears proven method.
[18:09.320 --> 18:13.800]  Michael Mears has won six cases in federal court against debt collectors and now you
[18:13.800 --> 18:14.800]  can win too.
[18:14.800 --> 18:19.720]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.720 --> 18:25.520]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[18:25.520 --> 18:30.040]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[18:30.040 --> 18:34.240]  financial tables on them and make them pay you to go away.
[18:34.240 --> 18:39.360]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:39.360 --> 18:41.320]  Personal consultation is available as well.
[18:41.320 --> 18:47.040]  For more information please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:47.040 --> 18:57.680]  or email michaelmears at yahoo.com, that's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.680 --> 19:00.600]  to learn how to stop debt collectors now.
[19:00.600 --> 19:08.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:08.000 --> 19:35.600]  Look what we got, we got the Christian, you know what I did, I've been serious, we got
[19:35.600 --> 19:42.960]  the Christian, look what we got, I've been going out by accident.
[19:42.960 --> 19:48.200]  Alright folks, we are back, this is the Thursday Night Rule of Law Radio Show with Eddie Craig
[19:48.200 --> 19:52.000]  filling in for Randy Kelton, at least for a little while if not the whole thing, and
[19:52.000 --> 19:54.720]  our special guest tonight, Michael Badnerick.
[19:54.720 --> 19:57.800]  Alright Michael, how are you doing?
[19:57.800 --> 20:04.240]  I am very well, I want to say hi to all of your listeners and I appreciate you and Randy
[20:04.240 --> 20:08.320]  letting me come and chat for a while.
[20:08.320 --> 20:12.000]  My pleasure.
[20:12.000 --> 20:16.400]  So what do you got going on with your Constitution class?
[20:16.400 --> 20:26.080]  Well I have another one scheduled here in Austin, Texas, and conveniently it is on Constitution
[20:26.080 --> 20:28.200]  Day.
[20:28.200 --> 20:37.480]  Most of your listeners may know, Constitution Day is September 17th, celebrating the memorial
[20:37.480 --> 20:48.000]  when we signed, where the founding fathers signed the Constitution, and most of the people
[20:48.000 --> 20:54.640]  that I talk to have little or no idea what is actually in the Constitution.
[20:54.640 --> 21:02.160]  I mean everybody talks about it like it is their favorite document, but I ask people
[21:02.160 --> 21:08.080]  if they are good, patriotic Americans, no surprise, they all raise their hand, and then
[21:08.080 --> 21:16.640]  I say well okay, raise your hand if you can tell me how many articles are in the Constitution,
[21:16.640 --> 21:21.200]  and everybody just kind of stares at me.
[21:21.200 --> 21:27.880]  So there is a lot of information about the Constitution that people don't know, and I
[21:27.880 --> 21:37.000]  think that when they take my class they are pleasantly surprised to discover all the information
[21:37.000 --> 21:40.000]  that I offer.
[21:40.000 --> 21:41.000]  Yeah I know it.
[21:41.000 --> 21:46.760]  I have not had the opportunity to take your class, but I have seen several videos of portions
[21:46.760 --> 21:54.480]  of your classes over the years, and I certainly must say that I would enjoy going to one.
[21:54.480 --> 21:57.960]  So I may actually come to that one.
[21:57.960 --> 21:58.960]  Excellent, excellent.
[21:58.960 --> 22:09.040]  I have been to your sessions over at Brave New Books, and you know you are as passionate
[22:09.040 --> 22:17.940]  about the traffic rules as I am about the fundamentals upon which our country was founded,
[22:17.940 --> 22:26.240]  and so I always enjoy listening to you explain what is going on in the system.
[22:26.240 --> 22:27.600]  Well I appreciate that.
[22:27.600 --> 22:34.480]  I try to base my understanding and interpretation of that system upon the same principles that
[22:34.480 --> 22:37.060]  you enjoy in the Constitution.
[22:37.060 --> 22:42.360]  If I have an individual right to do anything I want as long as I am hurting nobody else,
[22:42.360 --> 22:47.980]  then how is it possible for the legislature to bind me down with these rules and tell
[22:47.980 --> 22:53.860]  me I can't do something that every American in the entire history of our country prior
[22:53.860 --> 22:59.360]  and up to several years after the invention of the automobile have been able to do, and
[22:59.360 --> 23:01.480]  now suddenly we need government permission to do it.
[23:01.480 --> 23:03.720]  That makes no sense to me.
[23:03.720 --> 23:08.280]  If that was true, then to me that seems like they have tried to take a right and convert
[23:08.280 --> 23:12.000]  it into a privilege, which I completely disagree with.
[23:12.000 --> 23:20.000]  As do I, and when you explain it to people in those fundamental terms, it is irrefutable.
[23:20.000 --> 23:28.000]  I mean I often ask people if they have a church permit, and they look at me like I have grown
[23:28.000 --> 23:33.960]  a second head, and I, you know, like you don't have, you never filled out a form, government
[23:33.960 --> 23:36.720]  form, that allows you to exercise your religion?
[23:36.720 --> 23:38.840]  I mean how do you do that?
[23:38.840 --> 23:45.880]  And then they explain to me that the government has no authority to convert, to require a
[23:45.880 --> 23:51.560]  license or a permit for the exercise of a right.
[23:51.560 --> 23:56.560]  And I applaud and I go, excellent, that's wonderful, that is absolutely correct.
[23:56.560 --> 24:03.840]  Now explain how the second amendment is different than the first amendment.
[24:03.840 --> 24:10.200]  You know, if you don't need a, you know, church permit, why do you insist that I need a concealed
[24:10.200 --> 24:11.200]  carry permit?
[24:11.200 --> 24:12.200]  Exactly.
[24:12.200 --> 24:19.120]  And when you bring them to that contradiction, they are stymied.
[24:19.120 --> 24:22.800]  I mean they literally have to just sit there and think about it.
[24:22.800 --> 24:27.200]  And that's not just, you know, friends that I'm trying to teach.
[24:27.200 --> 24:35.960]  I've given that same conundrum to police officers, and it stops them in their tracks.
[24:35.960 --> 24:40.880]  Yeah, and it goes hand in hand with the same question when you ask them all kinds of stuff
[24:40.880 --> 24:46.800]  about okay, what makes one right a lesser right than another right?
[24:46.800 --> 24:51.960]  How can you say this one can't be violated, but that one over there, eh, not so much?
[24:51.960 --> 24:52.960]  Yeah.
[24:52.960 --> 24:58.040]  And then you want to turn around and say, okay, if you, if the government is the only
[24:58.040 --> 25:04.040]  entity, and those that, of course, that kiss governments butt, are the only ones telling
[25:04.040 --> 25:11.200]  you that the government has the right to regulate rights, then what prevents the government
[25:11.200 --> 25:15.960]  from saying they can regulate it to the point of destroying it?
[25:15.960 --> 25:24.680]  I mean, let's look at what the Supreme Court said about taxes, for instance.
[25:24.680 --> 25:27.160]  The power to tax is the power to destroy.
[25:27.160 --> 25:33.840]  Therefore, if a right can be taxed, it can be destroyed simply by setting the tax so
[25:33.840 --> 25:39.760]  high no one can pay to afford to exercise the right.
[25:39.760 --> 25:47.640]  And they've also ruled that a license is exactly the same thing as a tax.
[25:47.640 --> 25:50.800]  That's exactly what a license is.
[25:50.800 --> 25:55.800]  So if they can license it for the purpose of regulation, then they can license it to
[25:55.800 --> 25:59.240]  the point of extinguishing it entirely.
[25:59.240 --> 26:01.440]  For instance...
[26:01.440 --> 26:09.960]  Well, there's a big, you know, brouhaha going on in California.
[26:09.960 --> 26:18.840]  They used to have an exemption for parents that did not want to get their children vaccinated.
[26:18.840 --> 26:27.840]  There was a personal exemption, a religious exemption, and apparently they have a Senate
[26:27.840 --> 26:37.560]  Bill 277, I think, that says there is no more, you know, religious exemption.
[26:37.560 --> 26:41.480]  Nobody exempt from getting the vaccination.
[26:41.480 --> 26:49.880]  Well, it doesn't eliminate my Second Amendment, you know, that's an exemption.
[26:49.880 --> 26:59.520]  And I am relatively famous for a quote that I gave many years ago when I was running for
[26:59.520 --> 27:01.880]  President of the United States.
[27:01.880 --> 27:06.280]  Someone asked me my position on mandatory vaccinations.
[27:06.280 --> 27:10.240]  And I hadn't become a diplomat yet.
[27:10.240 --> 27:14.480]  I hadn't learned how to answer the question without pissing people off.
[27:14.480 --> 27:19.200]  And I merely said, you bring the syringe, I'll bring my 45.
[27:19.200 --> 27:22.280]  You'll see who makes the bigger hole.
[27:22.280 --> 27:30.400]  And that's one of the statements that I've made that I am currently most famous for.
[27:30.400 --> 27:31.400]  Works for me.
[27:31.400 --> 27:35.280]  You try to stab me with yours and I'll try to stab you with mine.
[27:35.280 --> 27:37.280]  Let's see who wins.
[27:37.280 --> 27:38.280]  Absolutely.
[27:38.280 --> 27:40.280]  I just refuse.
[27:40.280 --> 27:46.840]  I said, well, and people have asked me, like, aren't you being, you know, awfully violent?
[27:46.840 --> 27:49.800]  I go, no, I'm trying to prevent violence.
[27:49.800 --> 27:56.760]  I'm trying to prevent you from, you know, injecting me with this, you know, lethal injection.
[27:56.760 --> 27:58.800]  So, well, it's not a lethal injection.
[27:58.800 --> 28:02.240]  It's like, well, how the hell do I know?
[28:02.240 --> 28:05.680]  And what medical facts do you have to say that that's not true?
[28:05.680 --> 28:07.000]  That's exactly the point.
[28:07.000 --> 28:13.600]  All these companies that make these things that are killing kids and turn them autistic,
[28:13.600 --> 28:18.200]  you name it, and they cover this up to keep their profits up.
[28:18.200 --> 28:21.800]  And, of course, all the politicians are in bed with this because they're invested in
[28:21.800 --> 28:22.800]  this.
[28:22.800 --> 28:29.480]  I mean, most of these states where they're doing the courts included do all these types
[28:29.480 --> 28:33.400]  of cases that people are scratching their heads over, go, how could they decide that
[28:33.400 --> 28:34.400]  way?
[28:34.400 --> 28:36.200]  How is that even possible to think that way?
[28:36.200 --> 28:38.480]  Well, there's money involved.
[28:38.480 --> 28:39.560]  That's one.
[28:39.560 --> 28:44.000]  And somehow or other, they're getting their share of it or they will lose a big share
[28:44.000 --> 28:47.640]  of it if they don't decide the way they do.
[28:47.640 --> 28:53.920]  And, see, I've said it hundreds of times and I'll say it one more time.
[28:53.920 --> 28:59.440]  Any court case in this country, it should be mandatory, written into every constitution
[28:59.440 --> 29:06.360]  in every state as well as the federal, that no court may make a legal determination of
[29:06.360 --> 29:12.080]  the proper application of any law until they have contrasted the effects of that law against
[29:12.080 --> 29:18.000]  the individual rights of the people to whom they're trying to apply it.
[29:18.000 --> 29:27.160]  And if the effect of the law is to curb, regulate, eliminate, or otherwise infringe upon any
[29:27.160 --> 29:33.500]  right that causes or any exercise that the people engage in that don't harm someone else,
[29:33.500 --> 29:38.280]  then the law is being incorrectly interpreted and must be interpreted in a way that prevents
[29:38.280 --> 29:39.280]  it.
[29:39.280 --> 29:44.240]  That should be the ground rule for every law written and every court case decided.
[29:44.240 --> 29:47.200]  But it's not, because they don't care about our rights.
[29:47.200 --> 29:51.200]  They care about their power to control us as a society.
[29:51.200 --> 29:54.080]  All right, we're about to take a break, folks.
[29:54.080 --> 29:57.080]  Call in number 512-646-1984.
[29:57.080 --> 30:01.600]  We'll be right back.
[30:01.600 --> 30:05.240]  I know eating broccoli is good for you, but would you wear it to the beach?
[30:05.240 --> 30:07.440]  You just might want to when you hear the latest research.
[30:07.440 --> 30:11.720]  I'm Dr. Catherine Albrecht, and I'll share a surprising new use for this vegetable in
[30:11.720 --> 30:12.720]  just a moment.
[30:12.720 --> 30:18.440]  Your search engine is watching you, recording all your searches and creating a massive database
[30:18.440 --> 30:20.120]  of your personal information.
[30:20.120 --> 30:21.400]  That's creepy.
[30:21.400 --> 30:23.520]  But it doesn't have to be that way.
[30:23.520 --> 30:26.600]  Startpage.com is the world's most private search engine.
[30:26.600 --> 30:30.760]  Startpage doesn't store your IP address, make a record of your searches, or use tracking
[30:30.760 --> 30:33.000]  cookies and they're third-party certified.
[30:33.000 --> 30:37.480]  If you don't like Big Brother spying on you, start over with Startpage.
[30:37.480 --> 30:40.280]  Great search results and total privacy.
[30:40.280 --> 30:43.640]  Startpage.com, the world's most private search engine.
[30:43.640 --> 30:47.800]  Broccoli is loaded with vitamins, minerals, and fiber, and it tastes great in so many
[30:47.800 --> 30:48.800]  ways.
[30:48.800 --> 30:53.120]  Personally, I love mine sauteed with garlic and soy sauce, but now scientists say we might
[30:53.120 --> 30:55.200]  want to slather its juice on our bodies.
[30:55.200 --> 30:57.000]  I'm not joking.
[30:57.000 --> 31:00.880]  Researchers at Johns Hopkins University found that broccoli juice provides better defense
[31:00.880 --> 31:05.040]  against the sun's ultraviolet rays than name brand sunscreens.
[31:05.040 --> 31:07.360]  Broccoli juice works differently than sunscreen.
[31:07.360 --> 31:11.600]  It doesn't prevent rays from entering the skin, rather it prompts the body to produce
[31:11.600 --> 31:16.440]  enzymes that protect the skin against cell damage that ages the skin and can lead to
[31:16.440 --> 31:17.440]  cancer.
[31:17.440 --> 31:21.120]  As a bonus, the juice continues working for several days, even after it's been washed
[31:21.120 --> 31:22.120]  away.
[31:22.120 --> 31:23.640]  I'm Dr. Catherine Albrecht.
[31:23.640 --> 31:31.160]  More news and information at CatherineAlbrecht.com.
[31:31.160 --> 31:36.520]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:36.520 --> 31:41.960]  The government says that fire brought it down, however, 1,500 architects and engineers concluded
[31:41.960 --> 31:43.600]  it was a controlled demolition.
[31:43.600 --> 31:47.680]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[31:47.680 --> 31:49.040]  first responders have died.
[31:49.040 --> 31:52.640]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction
[31:52.640 --> 31:53.640]  officer.
[31:53.640 --> 31:54.640]  I'm an Air Force pilot.
[31:54.640 --> 31:55.640]  I'm a father who lost his son.
[31:55.640 --> 31:58.160]  We're Americans, and we deserve the truth.
[31:58.160 --> 32:00.160]  Go to RememberBuilding7.org today.
[32:00.160 --> 32:05.520]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.520 --> 32:09.400]  In today's America, we live in an us-against-them society, and if we, the people, are ever going
[32:09.400 --> 32:13.000]  to have a free society, then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:16.560]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.560 --> 32:20.280]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.280 --> 32:24.440]  The traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.440 --> 32:25.840]  our rights through due process.
[32:25.840 --> 32:29.800]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:29.800 --> 32:33.560]  most comprehensive teaching tool available that will help you understand what due process
[32:33.560 --> 32:35.960]  is and how to hold courts to the rule of law.
[32:35.960 --> 32:39.960]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.960 --> 32:41.280]  ordering your copy today.
[32:41.280 --> 32:44.640]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.640 --> 32:49.040]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:49.040 --> 32:50.880]  documents and other useful resource material.
[32:50.880 --> 32:54.600]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.600 --> 33:00.880]  Order your copy today and together we can have the free society we all want and deserve.
[33:00.880 --> 33:06.560]  Live, free speech radio, logosradionetwork.com.
[33:06.560 --> 33:20.080]  Yes, Mr. Officer, you're taking the line at hand.
[33:20.080 --> 33:32.080]  Won't you follow the law of the land?
[33:32.080 --> 33:45.280]  All right, folks, we are back.
[33:45.280 --> 33:52.640]  This is Rule of Law Radio and Mr. Michael Badnerick is our guest tonight and he is going
[33:52.640 --> 33:56.880]  to tell us in the next segment, when we get done here, about his constitutional class
[33:56.880 --> 33:59.720]  he's got coming up on Constitution Day.
[33:59.720 --> 34:02.320]  In the meantime, we are going to start taking phone calls.
[34:02.320 --> 34:06.080]  Calling number is 512-646-1984.
[34:06.080 --> 34:08.640]  I will warn the callers up front.
[34:08.640 --> 34:09.800]  I am not Randy.
[34:09.800 --> 34:13.800]  I do not deal in the mortgage stuff and things like that.
[34:13.800 --> 34:23.200]  I do criminal law, almost anything, but I focus mainly on the more minor stuff in most
[34:23.200 --> 34:27.920]  cases, though I have done felonies and things of that nature as well and been successful
[34:27.920 --> 34:28.920]  with those.
[34:28.920 --> 34:33.360]  So the criminal stuff and some of the civil stuff is more my forte.
[34:33.360 --> 34:38.560]  If you have anything dealing with mortgages and things of that nature, Randy should be
[34:38.560 --> 34:43.300]  on in the latter half of the show, but that's not a guarantee.
[34:43.300 --> 34:47.200]  So if you're going to call with anything like that, be aware I may have to put you off until
[34:47.200 --> 34:49.360]  the later part of the show and have you call back in.
[34:49.360 --> 34:53.680]  All right, that being said, we have Don in New Mexico.
[34:53.680 --> 34:55.680]  Don, what can we do for you?
[34:55.680 --> 34:59.600]  Hey, Eddie, you'll be glad to know I'm not calling about a mortgage issue.
[34:59.600 --> 35:00.600]  Well, great.
[35:00.600 --> 35:03.200]  Then I might be able to say something intelligent.
[35:03.200 --> 35:06.760]  I actually wanted to talk to Michael if that's all right.
[35:06.760 --> 35:08.960]  Be my guest, that's why I was here.
[35:08.960 --> 35:09.960]  All right.
[35:09.960 --> 35:15.920]  Well, I'm looking at the Open Government Initiative on the White House's website, which tells
[35:15.920 --> 35:22.360]  me how open the government is, but I'm having trouble finding out information about the
[35:22.360 --> 35:23.360]  government.
[35:23.360 --> 35:27.000]  And you might be able to direct me in the right direction.
[35:27.000 --> 35:34.040]  I'm looking for the names of people that, you know, maybe one of them that runs the
[35:34.040 --> 35:37.280]  IRS office here in Albuquerque.
[35:37.280 --> 35:40.320]  And for some reason, I just can't find that anywhere.
[35:40.320 --> 35:44.240]  And nobody can tell me who that person is.
[35:44.240 --> 35:48.680]  Well, the problem you're going to have there is they're allowed to use fake names when
[35:48.680 --> 35:49.680]  they're IRS agents.
[35:49.680 --> 35:55.720]  You may, even if they gave you a list of names, they wouldn't be real names.
[35:55.720 --> 35:58.720]  And how do we get past that facade?
[35:58.720 --> 35:59.720]  Generally you won't.
[35:59.720 --> 36:04.680]  I haven't even been able to find out the, you know, the fake names.
[36:04.680 --> 36:06.820]  Yeah, and they do that intentionally.
[36:06.820 --> 36:09.400]  And they'll change them if they need to.
[36:09.400 --> 36:14.280]  The whole reason the IRS operates the way it does is specifically to avoid accountability
[36:14.280 --> 36:16.320]  of the people that it uses to defraud the public.
[36:16.320 --> 36:17.320]  That's right.
[36:17.320 --> 36:21.240]  I'm getting ready to sue them, and I need to know, I think, who they are.
[36:21.240 --> 36:24.200]  All you need to do is start with the Secretary of the Treasury.
[36:24.200 --> 36:26.320]  He is the respondent superior.
[36:26.320 --> 36:31.440]  He is the one ultimately responsible for every IRS office in the country.
[36:31.440 --> 36:32.440]  Right.
[36:32.440 --> 36:35.440]  So I go big.
[36:35.440 --> 36:41.000]  That's why I was wondering if Michael had any ideas as to how to break that bail if...
[36:41.000 --> 36:50.600]  I don't, I mean, you can file a Freedom of Information Act, but, you know, they're not
[36:50.600 --> 36:53.760]  going to necessarily respond to you.
[36:53.760 --> 36:56.360]  They lie, they cheat, they steal.
[36:56.360 --> 36:57.360]  Literally.
[36:57.360 --> 37:04.160]  And, you know, expecting them to follow any of their own rules is really hoping for too
[37:04.160 --> 37:05.160]  much.
[37:05.160 --> 37:07.160]  Well, yeah, I'm not hoping.
[37:07.160 --> 37:16.600]  I've filed the FOIA, and I've asked the revenue agent that's, you know, messing in my life
[37:16.600 --> 37:18.520]  to provide that information.
[37:18.520 --> 37:22.960]  And I've also gone through a member of Congress.
[37:22.960 --> 37:25.720]  I'm working on all three avenues.
[37:25.720 --> 37:26.720]  And...
[37:26.720 --> 37:31.000]  Well, the only other one you've got left is you can try to get...
[37:31.000 --> 37:35.560]  Go ahead and file the suit and then get court-ordered discovery for that.
[37:35.560 --> 37:40.480]  But the IRS, like every other government agency, believes itself to be completely untouchable
[37:40.480 --> 37:45.840]  by any other branch of government, and it may or may not comply with a court order.
[37:45.840 --> 37:47.840]  All right.
[37:47.840 --> 37:58.440]  Well, I was hoping for some good ideas, but, no, I realize it's insurmountable, but it's...
[37:58.440 --> 37:59.440]  That's a good, you know...
[37:59.440 --> 38:00.440]  Yeah, I mean...
[38:00.440 --> 38:01.440]  At least you know what you're up against.
[38:01.440 --> 38:02.440]  Oh, I do.
[38:02.440 --> 38:05.880]  Yeah, I do.
[38:05.880 --> 38:13.880]  And in a recent show, you talked about an IRS letter that you sent in, and we're going
[38:13.880 --> 38:14.880]  to make that...
[38:14.880 --> 38:15.880]  I did.
[38:15.880 --> 38:19.200]  Yeah, send me an email and I'll...
[38:19.200 --> 38:23.120]  No, it's not on my website.
[38:23.120 --> 38:32.920]  It is printed in my second book, Secret to Sovereignty, Chapter 13, that's ironic, is
[38:32.920 --> 38:37.560]  called, IRS, I Refuse to Submit.
[38:37.560 --> 38:46.240]  And can I go through all of the constitutional basis for, you know, taxes, direct and indirect
[38:46.240 --> 38:47.880]  taxes?
[38:47.880 --> 38:55.440]  And the quick story is that I was living in Indiana, taking care of my mom and dad.
[38:55.440 --> 39:02.960]  I decided to renew my passport, and suddenly I had eight letters from the IRS.
[39:02.960 --> 39:06.920]  They wanted $290,000 from me.
[39:06.920 --> 39:13.480]  And so I wrote them this letter five years ago, and I haven't heard word one out of them.
[39:13.480 --> 39:20.080]  I want to caution people, that doesn't mean that I have figured out the secret, perhaps.
[39:20.080 --> 39:28.880]  It just means that I have expressed my discontent with them in terms that, I guess, I don't
[39:28.880 --> 39:30.640]  think that I'm worth it to them.
[39:30.640 --> 39:34.760]  I'm just really small potatoes, I think is what really is going on here.
[39:34.760 --> 39:39.720]  But if you send me an email, I will respond and send you a copy of that letter to the
[39:39.720 --> 39:40.720]  IRS.
[39:40.720 --> 39:41.720]  Oh, cool.
[39:41.720 --> 39:42.720]  Okay.
[39:42.720 --> 39:47.000]  Well, and originally I called in because I wanted to speak to Randy, but I was feeling
[39:47.000 --> 39:48.280]  like I'll try him tomorrow night.
[39:48.280 --> 39:51.360]  So you guys have a good night and thank you, Michael.
[39:51.360 --> 39:52.360]  Okay.
[39:52.360 --> 39:53.360]  Thank you, Don.
[39:53.360 --> 39:54.360]  Yeah, Don.
[39:54.360 --> 39:55.360]  Thanks for calling in.
[39:55.360 --> 39:56.360]  All right.
[39:56.360 --> 40:00.360]  Now we're going to go to Richard in Florida.
[40:00.360 --> 40:01.360]  Richard, what do you have?
[40:01.360 --> 40:02.360]  How are you doing, sir?
[40:02.360 --> 40:03.360]  Doing good.
[40:03.360 --> 40:04.360]  Yes.
[40:04.360 --> 40:05.360]  We're calling in.
[40:05.360 --> 40:06.360]  I have a couple of questions.
[40:06.360 --> 40:07.360]  I wrote down some questions here.
[40:07.360 --> 40:16.080]  Ironically, you opened up, even though I came on probably five minutes late, you opened
[40:16.080 --> 40:19.080]  up on some of the questions I need to ask.
[40:19.080 --> 40:20.080]  Okay.
[40:20.080 --> 40:32.480]  Now, when you filed a motion to dismiss for, doesn't matter jurisdiction, the judge, it's
[40:32.480 --> 40:33.480]  doing an arraignment now.
[40:33.480 --> 40:34.480]  It's not a trial.
[40:34.480 --> 40:35.480]  It's doing an arraignment.
[40:35.480 --> 40:44.160]  I mean, I know the rules say they can't proceed forward unless they answer, but the judge
[40:44.160 --> 40:45.160]  don't answer.
[40:45.160 --> 40:46.720]  He just makes you plea.
[40:46.720 --> 40:48.840]  The judge can't answer.
[40:48.840 --> 40:54.240]  The judge has no authority to answer to his jurisdiction other than to rule that he doesn't
[40:54.240 --> 40:56.520]  have it.
[40:56.520 --> 41:01.440]  The thing is, is the jurisdiction of any court is to be invoked by the moving party.
[41:01.440 --> 41:06.760]  The moving party is the one that is required to establish the jurisdiction of the court
[41:06.760 --> 41:09.200]  in which the case is being heard.
[41:09.200 --> 41:12.040]  They normally do that through their pleadings.
[41:12.040 --> 41:13.040]  Okay.
[41:13.040 --> 41:18.560]  The problem is, depending upon the level of the case, they don't file any pleadings.
[41:18.560 --> 41:21.040]  They don't do anything to invoke the jurisdiction of the court.
[41:21.040 --> 41:23.040]  It works entirely by presumption.
[41:23.040 --> 41:24.040]  Okay.
[41:24.040 --> 41:31.320]  And I understand that, but he just dismissed my motion and the prosecutor didn't even
[41:31.320 --> 41:32.320]  really answer.
[41:32.320 --> 41:36.760]  They just proceeded to push forward and make a plea on something.
[41:36.760 --> 41:37.760]  Okay.
[41:37.760 --> 41:42.640]  So what's the procedure in Florida for disqualifying a judge that fails to apply the law properly
[41:42.640 --> 41:49.040]  and is acting biased and prejudicial, thus denying you and your right to a fair and impartial
[41:49.040 --> 41:51.440]  trial and proceeding?
[41:51.440 --> 41:54.040]  What's the rules of disqualification and recusal?
[41:54.040 --> 41:55.040]  Okay.
[41:55.040 --> 41:56.040]  That's something I'm eating.
[41:56.040 --> 42:00.520]  That's one of my questions, what steps I need to take next against, I guess.
[42:00.520 --> 42:02.960]  And don't look in just one place.
[42:02.960 --> 42:07.040]  Here in Texas, for instance, all of that stuff is scattered everywhere.
[42:07.040 --> 42:11.560]  You've got the rules of judicial conduct, the rules of professional ethics, the government
[42:11.560 --> 42:14.400]  code, the code of criminal procedure.
[42:14.400 --> 42:18.320]  There are several different places you have to look to put together all of the necessary
[42:18.320 --> 42:19.480]  information.
[42:19.480 --> 42:23.760]  And then on top of all of that, you have to add whatever case law has been issued on that
[42:23.760 --> 42:24.760]  point.
[42:24.760 --> 42:25.760]  Okay.
[42:25.760 --> 42:26.760]  Perfect.
[42:26.760 --> 42:34.040]  I also heard you speak on this on the 15th, and you mentioned that, because another caller
[42:34.040 --> 42:39.920]  talked about this, you mentioned that you also should file a bar grievance against the
[42:39.920 --> 42:45.640]  prosecutor for abetting and going with this, knowing that they shouldn't do it.
[42:45.640 --> 42:46.960]  Is that another option?
[42:46.960 --> 42:47.960]  Yeah.
[42:47.960 --> 42:50.760]  The prosecutors in every state, to the best of my knowledge, have a requirement in their
[42:50.760 --> 42:56.920]  rules of procedure to see that justice is done, not simply to convict.
[42:56.920 --> 43:01.920]  So when they're acting unprofessionally to get a conviction, regardless of the law, the
[43:01.920 --> 43:07.240]  facts, and the circumstances of the case, they're not acting as they're required to
[43:07.240 --> 43:10.240]  act.
[43:10.240 --> 43:12.560]  That's a complainable issue.
[43:12.560 --> 43:17.160]  So yeah, file a bar grievance against a prosecuting attorney, move for the disqualification of
[43:17.160 --> 43:18.560]  the prosecuting attorney.
[43:18.560 --> 43:23.760]  If you know what the prosecuting attorney does is collude with the judge to violate
[43:23.760 --> 43:29.360]  the rights of the people appearing in that courtroom, by all means move to disqualify.
[43:29.360 --> 43:35.400]  But remember, any grounds that you use, you have to state in the motion to disqualify.
[43:35.400 --> 43:36.400]  Correct.
[43:36.400 --> 43:37.400]  Correct.
[43:37.400 --> 43:38.400]  Okay.
[43:38.400 --> 43:41.400]  I think we're going to commercial.
[43:41.400 --> 43:42.400]  Yeah.
[43:42.400 --> 43:43.400]  We're going to go to break.
[43:43.400 --> 43:46.400]  So if you have any more questions, hang on, and we'll pick you up on the other side.
[43:46.400 --> 43:47.400]  Okay?
[43:47.400 --> 43:48.400]  No problem.
[43:48.400 --> 43:49.400]  All right, folks.
[43:49.400 --> 43:55.040]  This is the Thursday Night Rule of Law radio show with your part-time host, Eddie Craig
[43:55.040 --> 43:56.040]  and Mr. Michael Baden-Erik.
[43:56.040 --> 43:58.040]  We'll be right back after this break.
[43:58.040 --> 44:01.040]  So y'all hang in there.
[44:01.040 --> 44:03.080]  Hello.
[44:03.080 --> 44:07.960]  My name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by
[44:07.960 --> 44:12.320]  our store at 1904 Guadalupe Street, Suite D here in Austin, Texas.
[44:12.320 --> 44:16.320]  I'm Brave New Book and Chase Payne to see all our fantastic health and wellness products
[44:16.320 --> 44:17.320]  with your very own eyes.
[44:17.320 --> 44:22.320]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
[44:22.320 --> 44:26.320]  Take a peek at some of our other wonderful products, including our Australian Eme oil,
[44:26.320 --> 44:30.320]  lotion candles, olive oil, soaps, and colloidal silver and gold.
[44:30.320 --> 44:37.320]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.320 --> 44:41.320]  That's 512-264-4043, naturespureorganics.com.
[44:41.320 --> 45:01.320]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.320 --> 45:04.320]  Are you the plaintiff or defendant in a lawsuit?
[45:04.320 --> 45:09.320]  Win your case without an attorney with Juris Dictionary, the affordable, easy to understand,
[45:09.320 --> 45:15.320]  4-CD course that will show you how in 24 hours, step-by-step.
[45:15.320 --> 45:19.320]  If you have a lawyer, know what your lawyer should be doing.
[45:19.320 --> 45:23.320]  If you don't have a lawyer, know what you should do for yourself.
[45:23.320 --> 45:28.320]  Thousands have won with our step-by-step course, and now you can too.
[45:28.320 --> 45:34.320]  Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.320 --> 45:43.320]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:43.320 --> 45:52.320]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[45:52.320 --> 46:14.320]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:14.320 --> 46:40.320]  All right, folks, we are back.
[46:40.320 --> 46:45.320]  This is Rule of Law Radio and Thursday Night Show, just in case the voice throws you off
[46:45.320 --> 46:48.320]  and you think you've time-warped all the way back to Monday.
[46:48.320 --> 46:54.320]  No, I am sitting in for Randy until he either gets on or the show is over, whichever comes first.
[46:54.320 --> 46:58.320]  And my special guest tonight is Mr. Michael Badnerich.
[46:58.320 --> 47:02.320]  And, Michael, you said that you had a constitutional class coming up.
[47:02.320 --> 47:07.320]  And before we pick Richard back up, do you want to let folks know when and where that's going to be again?
[47:07.320 --> 47:15.320]  Yeah, I'm going to be teaching my eight-hour Constitution class on Constitution Day,
[47:15.320 --> 47:23.320]  which is September 17th, and it's going to be at the Holiday Inn Express at the southwest corner of town.
[47:23.320 --> 47:31.320]  You can register for the class by visiting my website, constitutionpreservation.org,
[47:31.320 --> 47:42.320]  or just give me a call directly, 512-461-0995.
[47:42.320 --> 47:44.320]  All right. All right, folks.
[47:44.320 --> 47:48.320]  Now, if you haven't ever been to one of his classes, this will be an excellent time to go,
[47:48.320 --> 47:52.320]  because you're going to learn more about the Constitution than you ever thought possible.
[47:52.320 --> 47:57.320]  And for once, maybe, just maybe, you could wake up and see what's going on around you
[47:57.320 --> 48:01.320]  and know just how corrupt it really is.
[48:01.320 --> 48:09.320]  We are way past the point where bullets—I'm sorry, the law and votes are going to fix this.
[48:09.320 --> 48:13.320]  If we don't do something soon, our only recourse is going to be bullets,
[48:13.320 --> 48:18.320]  because we're not getting anywhere using the normal tools.
[48:18.320 --> 48:23.320]  The more we sit here without knowledge and education on our Constitution and our rights,
[48:23.320 --> 48:25.320]  the worse this is going to get.
[48:25.320 --> 48:29.320]  And those few of us that know and understand this
[48:29.320 --> 48:34.320]  are going to be the ones taking it on the chin just to be free.
[48:34.320 --> 48:39.320]  Everybody else will be reaping the benefit, just like in the first Revolutionary War.
[48:39.320 --> 48:43.320]  But those that understood it from the get-go would either be dead
[48:43.320 --> 48:47.320]  or so far buried trying to get from being dead
[48:47.320 --> 48:50.320]  that we won't see the light of day for a long time one way or the other.
[48:50.320 --> 48:58.320]  So come on, get educated, get smart, and let's fix what's wrong before we have no other options.
[48:58.320 --> 49:01.320]  All right, that being said, let's continue on with Richard in Florida.
[49:01.320 --> 49:04.320]  All right, Richard, what else you got?
[49:04.320 --> 49:07.320]  All right, so just to follow up.
[49:07.320 --> 49:12.320]  So, you know, look up the rules on disqualifying a judge, Brett, and also—
[49:12.320 --> 49:14.320]  Look, there will be two sets.
[49:14.320 --> 49:19.320]  There will be rules for recusal, and then there will be rules to disqualify.
[49:19.320 --> 49:25.320]  There are certain criteria that apply for either of those.
[49:25.320 --> 49:34.320]  But you need to write out each and every fact that would tend to require the judge or you
[49:34.320 --> 49:37.320]  to do one or the other in relation to the judge.
[49:37.320 --> 49:43.320]  Either recuse themselves or be disqualified by you for something that they have
[49:43.320 --> 49:49.320]  or will not do properly in accordance with law and your rights.
[49:49.320 --> 49:55.320]  Okay, so that would fall under appealable error like you talked about earlier?
[49:55.320 --> 50:00.320]  If you're able to preserve it as appealable error, and it depends upon what it is,
[50:00.320 --> 50:06.320]  if you can show the judge didn't follow the rules or procedure and you properly objected to it
[50:06.320 --> 50:11.320]  and you properly preserved the objection in the record at trial
[50:11.320 --> 50:17.320]  and you properly preserved the error in your motion for new trial after the conviction,
[50:17.320 --> 50:20.320]  then the appeals court will probably hear it.
[50:20.320 --> 50:24.320]  But if you don't—
[50:24.320 --> 50:27.320]  Now, the only thing I didn't do, because you mentioned this earlier, like I said,
[50:27.320 --> 50:31.320]  it's funny to start talking about it earlier, you say you got to raise it three times.
[50:31.320 --> 50:37.320]  You got to raise it in court, then you got to raise it by objecting,
[50:37.320 --> 50:40.320]  and then you got to raise it again when they actually go to trial.
[50:40.320 --> 50:44.320]  You raise—no, no, no. No, no, no. You said the same thing twice. Listen carefully.
[50:44.320 --> 50:50.320]  You have to raise the issue in your written pleadings that you filed prior to trial.
[50:50.320 --> 50:59.320]  You then have to make the issue at trial. You have to get it into the record at trial. Okay?
[50:59.320 --> 51:06.320]  Then lastly, you have to raise that same issue again in your motion for new trial,
[51:06.320 --> 51:12.320]  which only happens after you've been convicted at trial.
[51:12.320 --> 51:14.320]  Okay. So arraignment is not trial, though.
[51:14.320 --> 51:15.320]  No.
[51:15.320 --> 51:19.320]  Yes. He didn't want to answer and talk about that. He just wanted you to trial.
[51:19.320 --> 51:24.320]  Right. Right. But after the arraignment—now, see, the thing is,
[51:24.320 --> 51:29.320]  the reason why challenging the jurisdiction of the judge there may not be feasible
[51:29.320 --> 51:34.320]  is because he is not there to deal with the facts of the case.
[51:34.320 --> 51:40.320]  The arraignment judge is almost never going to be the same judge that hears the case.
[51:40.320 --> 51:47.320]  And the reason is is because if the judge at the arraignment has already gotten biased
[51:47.320 --> 51:52.320]  by the interactions there, he can't give you a fair and impartial trial.
[51:52.320 --> 51:58.320]  Yep. He didn't. Yeah. Okay. So everything we talk about starts when I go to trial.
[51:58.320 --> 52:06.320]  Like, he just pushes the trial. So I just go ahead and refile my motion again that I filed with this arraignment.
[52:06.320 --> 52:11.320]  Yeah. The only time that filing it before the arraignment in relation to that is a good thing
[52:11.320 --> 52:15.320]  is when you know for a fact it's going to be the same judge.
[52:15.320 --> 52:22.320]  Oh, okay. So if I see it's going to be the same judge, then I start filing for disqualification.
[52:22.320 --> 52:28.320]  If you can show that he acted prejudicially against you during any other proceeding, yes.
[52:28.320 --> 52:32.320]  He did because he didn't answer to subject matter jurisdiction.
[52:32.320 --> 52:37.320]  He doesn't have to answer. It's not his job to answer. That's my point.
[52:37.320 --> 52:43.320]  The judge's job is not to challenge or answer subject matter jurisdiction.
[52:43.320 --> 52:46.320]  That is the opposing counsel's job.
[52:46.320 --> 52:52.320]  They're required to invoke the jurisdiction of the court as the moving party.
[52:52.320 --> 52:55.320]  Correct. Okay. They don't do it.
[52:55.320 --> 53:01.320]  The court operates entirely on the presumption of jurisdiction just because the case was put in front of them.
[53:01.320 --> 53:05.320]  Correct. Correct. Okay. So even though it's an arraignment,
[53:05.320 --> 53:19.320]  should I still pursue bar grieving as this state prosecutor for not even answering the motion to subject matter jurisdiction in persona?
[53:19.320 --> 53:25.320]  Again, no court has heard the motion yet, right?
[53:25.320 --> 53:31.320]  The next courts you go to should hold a motions hearing, right?
[53:31.320 --> 53:34.320]  Hopefully they do. I mean, I got to refile because they got to set up a court.
[53:34.320 --> 53:37.320]  Yeah, that's right. You do have to refile.
[53:37.320 --> 53:45.320]  So if he fails to respond in writing before the motions hearing, then you have something to grieve.
[53:45.320 --> 53:56.320]  The court is now acting prejudicially as the prosecution by answering for the prosecution the objection to jurisdiction.
[53:56.320 --> 54:05.320]  The court is trying to establish its own jurisdiction and it has no authority to do that.
[54:05.320 --> 54:07.320]  Okay. Got it.
[54:07.320 --> 54:09.320]  All right. My last question.
[54:09.320 --> 54:23.320]  I did file both because like I said, I was reading your motions and the difference between persona and doesn't matter.
[54:23.320 --> 54:30.320]  So I read the codes and the court rules the procedure when it comes to persona.
[54:30.320 --> 54:32.320]  They say that it's harder.
[54:32.320 --> 54:34.320]  It's impersonal.
[54:34.320 --> 54:35.320]  Impersonal.
[54:35.320 --> 54:38.320]  Yeah, but you can just say personal.
[54:38.320 --> 54:49.320]  Oh, personal. Okay. They say it's harder to raise or use because the court can find a way to answer that.
[54:49.320 --> 54:54.320]  Again, the court is not responsible for answering that.
[54:54.320 --> 54:55.320]  The court's not responsible.
[54:55.320 --> 54:59.320]  Look, there are three major parts, three major parts.
[54:59.320 --> 55:03.320]  There's a total of seven, but the three major ones are always the same.
[55:03.320 --> 55:09.320]  Subject matter jurisdiction, personal, impersonal jurisdiction.
[55:09.320 --> 55:12.320]  Okay. Personal is the meaning of impersonal.
[55:12.320 --> 55:23.320]  And then venue, the location where the offense occurred must be within the jurisdictional territory of the court hearing the matter.
[55:23.320 --> 55:24.320]  Okay.
[55:24.320 --> 55:36.320]  Impersonal is the only one of the jurisdictions that can be waived and venue is the only one that can be transferred.
[55:36.320 --> 55:38.320]  Okay. Got it.
[55:38.320 --> 55:39.320]  Okay.
[55:39.320 --> 55:42.320]  All right. I think I'm clear now.
[55:42.320 --> 55:43.320]  I understand now.
[55:43.320 --> 55:45.320]  So I'm just stressing over this arraignment.
[55:45.320 --> 55:51.320]  I guess I got to wait to try out to really practice these steps again.
[55:51.320 --> 55:53.320]  But I do have a question for Michael, right?
[55:53.320 --> 55:54.320]  That's the other guy online.
[55:54.320 --> 55:55.320]  Yeah.
[55:55.320 --> 55:58.320]  Amir, for your constitutional class.
[55:58.320 --> 55:59.320]  Yeah. How you doing?
[55:59.320 --> 56:01.320]  For your constitutional classes.
[56:01.320 --> 56:04.320]  This is the first time I'm hearing about your classes.
[56:04.320 --> 56:12.320]  I'm located in Florida, so I don't think I can appear, you know, to your class at the hotel.
[56:12.320 --> 56:16.320]  But will your class be streamed online or not?
[56:16.320 --> 56:18.320]  It is. Yeah, it is.
[56:18.320 --> 56:31.320]  Well, no, it will not be streamed, but it was videotaped back in 2001 and put up on YouTube in 2003.
[56:31.320 --> 56:44.320]  So you can find, if you Google my last name, Badnarik, B-A-D-N-A-R-I-K, and the word constitution,
[56:44.320 --> 56:48.320]  I'm the number one top of the list thing.
[56:48.320 --> 57:03.320]  And you can also find the class at my website, constitutionpreservation.org, under Media Archive.
[57:03.320 --> 57:04.320]  Okay. Perfect.
[57:04.320 --> 57:08.320]  Because I want to, you know, immerse myself into that.
[57:08.320 --> 57:10.320]  All right. Well, thank you very much.
[57:10.320 --> 57:12.320]  And, Eddie, thank you for clarity.
[57:12.320 --> 57:13.320]  Yes, sir. No problem.
[57:13.320 --> 57:15.320]  Glad to help.
[57:15.320 --> 57:16.320]  Have a great day.
[57:16.320 --> 57:17.320]  You too.
[57:17.320 --> 57:18.320]  All right.
[57:18.320 --> 57:19.320]  That is why we are here.
[57:19.320 --> 57:20.320]  Yep. All right.
[57:20.320 --> 57:22.320]  That was our last caller.
[57:22.320 --> 57:30.320]  If you want to call in and get in line and talk to Michael or myself, 512-646-1984 is the call-in number.
[57:30.320 --> 57:33.320]  All right, Michael, so let's talk about what's going on with you these days.
[57:33.320 --> 57:39.320]  What would you like to see changed in the current state of affairs as we have them?
[57:39.320 --> 57:46.320]  Well, one of the things that I'm working on at this point in time is Texas secession.
[57:46.320 --> 57:55.320]  I would love to have Texas leave the United States, and that way I can run for president of the Republic of Texas.
[57:55.320 --> 58:05.320]  But that's because all the corruption in Washington and the federal government is so huge that I think it makes it difficult, if not impossible, to fix.
[58:05.320 --> 58:10.320]  And it would just be easier to fix the problems here in Texas.
[58:10.320 --> 58:13.320]  Well, I agree.
[58:13.320 --> 58:19.320]  So FYI, folks, I will have an announcement also on the other side of this break so I can make sure everybody can hear it.
[58:19.320 --> 58:21.320]  The music won't be playing over it.
[58:21.320 --> 58:28.320]  But I do have an update on the upcoming movie that I'm in, the documentary that we've got done.
[58:28.320 --> 58:33.320]  And so I will make the announcement about that when we get back on the other side of this break.
[58:33.320 --> 58:38.320]  In the meantime, we'll see if Randy is going to join us and do what we can do there.
[58:38.320 --> 58:43.320]  But y'all hang in there, and we will be right back in just a few minutes.
[59:09.320 --> 59:13.320]  First, this new translation is extremely faithful and accurate.
[59:13.320 --> 59:18.320]  But the real story is the more than 9,000 explanatory footnotes.
[59:18.320 --> 59:22.320]  Difficult and profound passages are opened up in a marvelous way,
[59:22.320 --> 59:28.320]  providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:28.320 --> 59:33.320]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.320 --> 59:43.320]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:43.320 --> 59:47.320]  or by ordering online at freestudybible.com.
[59:47.320 --> 59:50.320]  That's freestudybible.com.
[59:52.320 --> 59:59.320]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:59.320 --> 01:00:06.320]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:06.320 --> 01:00:10.320]  providing the jelly bulletins for the commodities market.
[01:00:10.320 --> 01:00:18.320]  Today in history, news updates, and the inside scoop into the tides of the alternative.
[01:00:18.320 --> 01:00:30.320]  Markets for Wednesday, August 31, 2016, are currently trending with gold at $1,308.64 an ounce,
[01:00:30.320 --> 01:00:40.320]  silver $18.64 an ounce, Texas crude $46.35 a barrel, and Bitcoin is currently sitting at about $572 U.S. currency.
[01:00:40.320 --> 01:00:50.320]  Today in history, the year 1939, Nazi Germany conducts a staged attack on the Gluwitz radio station
[01:00:50.320 --> 01:00:54.320]  inciting popular opinion into attacking Poland, who they blamed for the incident.
[01:00:54.320 --> 01:00:58.320]  This false flag led to World War II in Europe the following day.
[01:00:58.320 --> 01:01:00.320]  Today in history.
[01:01:00.320 --> 01:01:07.320]  In recent news, Jesse Morton, also known as Yanis Abdullah Mohammed,
[01:01:07.320 --> 01:01:13.320]  who worked as a U.S.-based recruiter for Al Qaeda, was recently hired by George Washington University in Washington, D.C.
[01:01:13.320 --> 01:01:20.320]  Mr. Morton has reformed his radical ways and could offer great insight into radicalization, says Washington University.
[01:01:20.320 --> 01:01:26.320]  He helped create Revolution Muslim, a New York-based organization that advocated the establishment of a traditionalist Islamic state
[01:01:26.320 --> 01:01:30.320]  and the downfall of Western imperialism.
[01:01:30.320 --> 01:01:35.320]  In 2011, Morton was jailed as a result of threats against the creators of South Park
[01:01:35.320 --> 01:01:39.320]  after the cartoon depicted the Prophet Mohammed in a bear costume,
[01:01:39.320 --> 01:01:45.320]  and apparently while in prison he had a change of heart inspired in part by texts written by European Enlightenment philosophers.
[01:01:45.320 --> 01:01:50.320]  His sentence was then reduced from 11 years to less than four and became an informant for the FBI.
[01:01:50.320 --> 01:01:58.320]  After being freed in 2015, he got a job as a research fellow at the Center for Cyber and Homeland Security at Washington University.
[01:02:03.320 --> 01:02:07.320]  And State Department attorneys stated yesterday that they uncovered 30 Benghazi-related emails
[01:02:07.320 --> 01:02:10.320]  among the records retrieved from Hillary Clinton's private server.
[01:02:10.320 --> 01:02:15.320]  The emails were among the roughly 15,000 emails FBI agents said they got through her server
[01:02:15.320 --> 01:02:18.320]  in the course of the year-long investigation surrounding it.
[01:02:18.320 --> 01:02:21.320]  However, many of the emails were deleted beyond retrieval
[01:02:21.320 --> 01:02:25.320]  after the Democratic nominee's team used a digital tool called Bleachbit
[01:02:25.320 --> 01:02:29.320]  to scrub all the hardware that was eventually confiscated by law enforcement agents.
[01:02:29.320 --> 01:02:33.320]  These findings came about via a lawsuit, one of several, filed by Judicial Watch
[01:02:33.320 --> 01:02:58.320]  in pursuit of records related to Clinton's tenure as Secretary of the State Department.
[01:03:04.320 --> 01:03:09.320]  They want to charge on Babylon and all the new organizations
[01:03:09.320 --> 01:03:12.320]  but they don't operate in that land.
[01:03:12.320 --> 01:03:15.320]  I'm going to sell republicans and the usurps man.
[01:03:15.320 --> 01:03:17.320]  Tell them I'm a river serial.
[01:03:17.320 --> 01:03:19.320]  They'll sell river truce but they're going to win.
[01:03:19.320 --> 01:03:21.320]  Come crack on the wall.
[01:03:26.320 --> 01:03:28.320]  I want research.
[01:03:28.320 --> 01:03:32.320]  I want research.
[01:03:37.320 --> 01:03:39.320]  All right, folks, we are back.
[01:03:39.320 --> 01:03:42.320]  This is the Thursday night Rule of Law radio show.
[01:03:42.320 --> 01:03:45.320]  And I, Eddie Craig, am filling in with Randy Kelton
[01:03:45.320 --> 01:03:48.320]  with tonight's special guest Michael Baden-Erik.
[01:03:48.320 --> 01:03:52.320]  And we are taking calls, which at the moment we have none.
[01:03:52.320 --> 01:03:58.320]  512-646-1984 is the call-in number if you want to call in.
[01:03:58.320 --> 01:04:02.320]  Now, I was going to tell you, folks, I have an announcement.
[01:04:02.320 --> 01:04:07.320]  They have finally come up with a full working release title
[01:04:07.320 --> 01:04:09.320]  for the upcoming documentary movie.
[01:04:09.320 --> 01:04:14.320]  And they have changed the website for it and put up a new one for the new title.
[01:04:14.320 --> 01:04:22.320]  And it is called Grandscammovie.com and the movie is Grand Scam, The Corruption of America.
[01:04:22.320 --> 01:04:27.320]  Now, all you have to do is go to the Grandscammovie.com website
[01:04:27.320 --> 01:04:32.320]  and click on the link that says stay informed and sign up with your email address
[01:04:32.320 --> 01:04:37.320]  to get information relating to the release date and specific theaters
[01:04:37.320 --> 01:04:39.320]  and things like that for the movie.
[01:04:39.320 --> 01:04:45.320]  And to see as they progress with the website, they are still adding more to it as far as I know.
[01:04:45.320 --> 01:04:51.320]  They are going to eventually put up, I believe, a list of people participating in the movie
[01:04:51.320 --> 01:04:58.320]  and maybe a small bio or at least their name and pictures of all of us that are in the movie
[01:04:58.320 --> 01:05:00.320]  so you can see who is going to be in it.
[01:05:00.320 --> 01:05:06.320]  And just basically keep up with what is going on before it is released.
[01:05:06.320 --> 01:05:13.320]  So if you would, please go to Grandscammovie.com and click on the stay informed link
[01:05:13.320 --> 01:05:19.320]  and use your email to subscribe for updates to the website and to the movie.
[01:05:19.320 --> 01:05:20.320]  All right.
[01:05:20.320 --> 01:05:25.320]  Now, that being said, what else do you want to talk about, Mr. Badnerick?
[01:05:25.320 --> 01:05:28.320]  Oh, actually we've got a phone call.
[01:05:28.320 --> 01:05:30.320]  Do you want to go ahead and take that?
[01:05:30.320 --> 01:05:31.320]  All right.
[01:05:31.320 --> 01:05:33.320]  We'll go ahead and take Mark in Wisconsin.
[01:05:33.320 --> 01:05:35.320]  Mark, what do you got for us?
[01:05:35.320 --> 01:05:42.320]  Well, I've got a constitutional question regarding the Constitution in the state of Wisconsin.
[01:05:42.320 --> 01:05:52.320]  Although Mr. Badnerick is not an expert on the Wisconsin Constitution, perhaps he can weigh in.
[01:05:52.320 --> 01:06:01.320]  What we have going on right now is a criminal case where the defendant decided
[01:06:01.320 --> 01:06:13.320]  that he would use the option of lead applied to his head and commit suicide.
[01:06:13.320 --> 01:06:15.320]  And he's a defendant?
[01:06:15.320 --> 01:06:17.320]  He was the defendant, yes.
[01:06:17.320 --> 01:06:20.320]  Okay. Was or is?
[01:06:20.320 --> 01:06:21.320]  Well, was.
[01:06:21.320 --> 01:06:22.320]  He's dead.
[01:06:22.320 --> 01:06:24.320]  So in theory, there's no case anymore.
[01:06:24.320 --> 01:06:35.320]  The argument that appears to be going on from the defense attorney is the court record should be expunged
[01:06:35.320 --> 01:06:41.320]  because apparently he's now an innocent man because, of course, he was never convicted.
[01:06:41.320 --> 01:06:43.320]  And so therefore, he's innocent.
[01:06:43.320 --> 01:06:47.320]  So therefore, you should just expunge the record.
[01:06:47.320 --> 01:06:59.320]  But what we have in the state of Wisconsin is our Article 14, Section 13 that says,
[01:06:59.320 --> 01:07:02.320]  common law continued in force.
[01:07:02.320 --> 01:07:07.320]  Such parts of the common law that are now enforcing the territory of Wisconsin,
[01:07:07.320 --> 01:07:09.320]  not inconsistent with this Constitution,
[01:07:09.320 --> 01:07:18.320]  shall be and continue part of the law of the state until altered or suspended by the legislature.
[01:07:18.320 --> 01:07:29.320]  Now, our legislature has been trying to pass and dispel multiple times a bill to allow for expunging of court records.
[01:07:29.320 --> 01:07:43.320]  One group has stated, if Wisconsin's law applied to O.J. Simpson, O.J. would have been eligible to have his case expunged
[01:07:43.320 --> 01:07:47.320]  based on the way this new law would be written.
[01:07:47.320 --> 01:07:52.320]  Our Supremes have two kind of interesting quotes.
[01:07:52.320 --> 01:08:06.320]  Supreme Court member Rebecca Bradley says the petition to modify the Wisconsin Supreme Court Rules, Section 72,
[01:08:06.320 --> 01:08:09.320]  to accomplish these expungements.
[01:08:09.320 --> 01:08:14.320]  Her reaction to that is the petition seemed quite legislative in nature,
[01:08:14.320 --> 01:08:21.320]  which would be a big no-go for a court determined by people about never legislate from the bench.
[01:08:21.320 --> 01:08:28.320]  The other Justice named Bradley, Ann Walsh Bradley, said she opposed the motion to dismiss because,
[01:08:28.320 --> 01:08:34.320]  quote, is our responsibility to solve this problem, unquote.
[01:08:34.320 --> 01:08:44.320]  So this idea of expunging records so they're no longer in the computer system to be searchable seems ripe.
[01:08:44.320 --> 01:09:02.320]  We've got a rather outlier in the sense that a lawyer commits suicide to then be asked by the attorney who's representing him
[01:09:02.320 --> 01:09:05.320]  to have the record expunged.
[01:09:05.320 --> 01:09:16.320]  And I'm just curious as to if I'm going to make a pitch, I should go straight for constitutional.
[01:09:16.320 --> 01:09:21.320]  The common law would be no, we're not expunging records.
[01:09:21.320 --> 01:09:28.320]  And yes, it looks like the legislature wants to make a move, but it hasn't passed.
[01:09:28.320 --> 01:09:33.320]  And, of course, toss in the commentary from the Supreme Court.
[01:09:33.320 --> 01:09:40.320]  Personally, I would say that since this does deal with records, it is a legislative issue and not a court's issue.
[01:09:40.320 --> 01:09:45.320]  The legislature is the one that determines what every agency in the state is required to do by law,
[01:09:45.320 --> 01:09:53.320]  including what records are required to be maintained for how long, manner of destruction, reasons for destruction,
[01:09:53.320 --> 01:09:56.320]  and so on and so forth.
[01:09:56.320 --> 01:09:57.320]  So that's one.
[01:09:57.320 --> 01:09:59.320]  Michael, what would you have?
[01:09:59.320 --> 01:10:09.320]  I'm a little curious as to what this, I mean, the person who committed suicide is apparently accused of something.
[01:10:09.320 --> 01:10:16.320]  And if I understand correctly, he killed himself before a decision could be made.
[01:10:16.320 --> 01:10:17.320]  Is that right?
[01:10:17.320 --> 01:10:18.320]  Correct.
[01:10:18.320 --> 01:10:19.320]  Correct.
[01:10:19.320 --> 01:10:30.320]  He was accused of the Class B felony of multiple sexual contacts with a minor.
[01:10:30.320 --> 01:10:39.320]  The particulars of the case was he was accused of doing that to his three-year-old daughter.
[01:10:39.320 --> 01:10:53.320]  And who is, lawyers trying to get the record expunged so that legally it doesn't appear that he molested anybody?
[01:10:53.320 --> 01:10:54.320]  Correct.
[01:10:54.320 --> 01:11:04.320]  The dynamics there is at this point, the DA isn't going to specifically disagree with the defense attorney
[01:11:04.320 --> 01:11:10.320]  and intends to sign the defense attorney's stipulation to seal the case and have it deleted.
[01:11:10.320 --> 01:11:16.320]  After that, it will go to the judge who will make a determination whether or not he agrees with both parts.
[01:11:16.320 --> 01:11:22.320]  And if the judge agrees, the case will be sealed and deleted and there won't be a court hearing.
[01:11:22.320 --> 01:11:33.320]  So there's a little angle here of secreted documents that if they hit the court record, they'd immediately be not in the public.
[01:11:33.320 --> 01:11:40.320]  And a hearing that would not be open to the public.
[01:11:40.320 --> 01:11:41.320]  Okay.
[01:11:41.320 --> 01:11:47.320]  I don't understand what significance it has to delete these documents.
[01:11:47.320 --> 01:11:49.320]  The guy is dead.
[01:11:49.320 --> 01:11:56.320]  He was never declared guilty of the sexual crime.
[01:11:56.320 --> 01:12:05.320]  But he's dead now and therefore he won't be doing it again if, you know, he did it the first time.
[01:12:05.320 --> 01:12:15.320]  So, I mean, I understand why there is a controversy here in attempting to get his records expunged.
[01:12:15.320 --> 01:12:22.320]  Well, the controversy would be that the guardian and mother have stated they don't want the records expunged.
[01:12:22.320 --> 01:12:29.320]  And the DA is wanting to go along with the defense attorney.
[01:12:29.320 --> 01:12:33.320]  And the other controversy would be it's a public record.
[01:12:33.320 --> 01:12:35.320]  It should not be expunged.
[01:12:35.320 --> 01:12:43.320]  And in fact, there is specifically an expungement statute in Wisconsin.
[01:12:43.320 --> 01:12:46.320]  You've got to be under age 25.
[01:12:46.320 --> 01:12:51.320]  You had to have been a lesser charge, only six years of jail time.
[01:12:51.320 --> 01:12:56.320]  And you had to have shown that you went forth and sinned no more.
[01:12:56.320 --> 01:12:57.320]  Yeah.
[01:12:57.320 --> 01:13:02.320]  Well, the problem with that concept of no expungement, however, presents another problem.
[01:13:02.320 --> 01:13:10.320]  And that is how it affects those that are innocent but were illegally arrested and charged for something they didn't actually do.
[01:13:10.320 --> 01:13:13.320]  How would that person expunge the record under these conditions?
[01:13:13.320 --> 01:13:17.320]  Because it doesn't sound like they would be any more able to do it than this guy could.
[01:13:17.320 --> 01:13:26.320]  And the problem there is is most job applications come with a security clearance or some sort of security background check,
[01:13:26.320 --> 01:13:36.320]  where one of the things they ask you on that is have you ever been charged or arrested for anything other than a traffic citation?
[01:13:36.320 --> 01:13:44.320]  And that comes up on every job in every state no matter what you do, because that's a nationwide database.
[01:13:44.320 --> 01:13:51.320]  So the fact that Wisconsin doesn't allow even those innocent people to have their record cleared
[01:13:51.320 --> 01:14:01.320]  so that this is not part of every job application they ever have, I don't find anything good in that at all.
[01:14:01.320 --> 01:14:14.320]  Well, in fact, that is exactly what the legislature has tried to pass for multiple sessions is an expungement to address exactly that.
[01:14:14.320 --> 01:14:18.320]  And I'm in agreement with you, Eddie.
[01:14:18.320 --> 01:14:24.320]  Well, most states, the caveat to that, most states have an exception to that law that says
[01:14:24.320 --> 01:14:28.320]  except for those charges upon which there have been a conviction.
[01:14:28.320 --> 01:14:40.320]  If you were actually convicted and the conviction has not been overturned or anything of that nature, then that is a part of your record.
[01:14:40.320 --> 01:14:48.320]  Right. And the proposed change to Wisconsin would allow, would have the same thing.
[01:14:48.320 --> 01:15:01.320]  Right now, the Wisconsin expungement, the other little caveat is if the crime was child abuse, they don't allow expungement.
[01:15:01.320 --> 01:15:03.320]  So...
[01:15:03.320 --> 01:15:10.320]  Yeah, but again, is that related to a conviction or just an accusation?
[01:15:10.320 --> 01:15:18.320]  Unsuccessful, the expungement for under 25 and...or no, you're right.
[01:15:18.320 --> 01:15:26.320]  The expungement of under 25 and less than six years would be for if you had had a conviction.
[01:15:26.320 --> 01:15:33.320]  Okay, but what about over that age? What if you're a 40-year-old that got charged with this?
[01:15:33.320 --> 01:15:37.320]  Then right now in Wisconsin, you're SOL.
[01:15:37.320 --> 01:15:44.320]  Right. Exactly my point. Even if you're innocent, especially if you're innocent, that's the problem.
[01:15:44.320 --> 01:15:51.320]  See, the way the system is set up to forever keep track of your criminal history, I believe that to be dead wrong.
[01:15:51.320 --> 01:16:04.320]  What is the point in setting terms on prison sentences or jail time if you're going to be forever punished even after you've served that time?
[01:16:04.320 --> 01:16:15.320]  To me, that's completely unconstitutional. You would be continuously punished even if you served the time and paid your debt to society.
[01:16:15.320 --> 01:16:25.320]  You're still getting punished forever after. And I completely disagree with that.
[01:16:25.320 --> 01:16:36.320]  Again, that is where the legislature has been trying to take it and I don't disagree with it.
[01:16:36.320 --> 01:16:39.320]  However, we have a break coming.
[01:16:39.320 --> 01:16:42.320]  Yep. So if you'll hang on just a second, we'll get back with you on the other side of that.
[01:16:42.320 --> 01:16:49.320]  And I don't mean to interrupt you, but it's just one of those things where this kind of strikes me as odd on these particular viewpoints where...
[01:16:49.320 --> 01:16:52.320]  Well, we'll finish this on the other side because I got a second on that.
[01:16:52.320 --> 01:16:55.320]  All right, folks. Y'all hang in there. We'll be right back after the break.
[01:16:55.320 --> 01:17:23.320]  512-646-1984.
[01:17:25.320 --> 01:17:50.320]  We'll be right back.
[01:17:55.320 --> 01:18:00.320]  That's non-GMOsolutions.com with promo code LOGOS.
[01:18:25.320 --> 01:18:27.320]  We can find it.
[01:18:55.320 --> 01:19:00.320]  or call 512-646-6440.
[01:19:25.320 --> 01:19:37.320]  All right, folks, we are back. This is Rule of Law Radio, the call in number 512-646-1984.
[01:19:37.320 --> 01:19:40.320]  And we are currently talking with Mark in Wisconsin.
[01:19:40.320 --> 01:19:50.320]  Yeah. Now, Mark, what I was getting to on that was, you know, I find it extremely odd that, and for some reason, it always tends to work out this way in the liberal mindset.
[01:19:50.320 --> 01:19:57.320]  I figured out one of that is, but the liberals are the ones that want to send everybody to prison rather than have a death penalty.
[01:19:57.320 --> 01:20:04.320]  The liberals are the ones that believe rehabilitation of someone is absolutely possible under every circumstance,
[01:20:04.320 --> 01:20:16.320]  yet the liberals are the one that refuse to allow the expungement of records that would hinder that person's ability to ever become fully functional as a rehabilitated individual.
[01:20:16.320 --> 01:20:22.320]  Does that make any sense?
[01:20:22.320 --> 01:20:34.320]  I have a definite opinion that the public record should remain and the public record is important to be preserved.
[01:20:34.320 --> 01:20:45.320]  I agree, but it's only, I would agree that that's true as long as the public record is not detrimental to an innocent individual.
[01:20:45.320 --> 01:20:53.320]  And I would also agree that after a certain amount of time, that record can't be used against someone.
[01:20:53.320 --> 01:20:59.320]  So even though the record is still there, it cannot be used against someone.
[01:20:59.320 --> 01:21:06.320]  For instance, those forms I was talking about you have to fill out for your job applications or rental applications or whatever.
[01:21:06.320 --> 01:21:14.320]  They're not allowed to ask that question if it's after a certain period of time.
[01:21:14.320 --> 01:21:19.320]  You don't have to list it. If you served your time and got out, you don't have to put it on the form.
[01:21:19.320 --> 01:21:23.320]  If it's an X number of years old, you don't have to put it on the form.
[01:21:23.320 --> 01:21:31.320]  But instead, it's there forever, regardless of whether or not you paid your debt.
[01:21:31.320 --> 01:21:35.320]  So having the record, that's fine.
[01:21:35.320 --> 01:21:42.320]  I don't have a problem with that for those that were rightfully convicted with full due process.
[01:21:42.320 --> 01:21:53.320]  But those that are innocent, those that were wrongly charged, those that were persecuted unjustly just to get them into the system, I got a big problem with that.
[01:21:53.320 --> 01:22:01.320]  That record should not even be allowed to exist because it is detrimental to them in more ways than they can count.
[01:22:01.320 --> 01:22:10.320]  Well, in this particular case, the record isn't going to be detrimental to him at this point.
[01:22:10.320 --> 01:22:18.320]  Yeah, but it will to his family because people can still go back and research this and say,
[01:22:18.320 --> 01:22:22.320]  hey, you're the gal that was married to that guy that molested that three-year-old, right?
[01:22:22.320 --> 01:22:24.320]  That was your daughter, right?
[01:22:24.320 --> 01:22:29.320]  You see how that can be used even to harm the family long term?
[01:22:29.320 --> 01:22:39.320]  Well, the family, the daughter, the mother and ex-wife is the one who's pushing for the record to remain open.
[01:22:39.320 --> 01:22:45.320]  So as far as she's concerned, she's okay with that harm.
[01:22:45.320 --> 01:22:48.320]  Yeah, but is she doing that for herself or for her daughter?
[01:22:48.320 --> 01:22:54.320]  See, the thing is, to me, it would seem more detrimental to the child for somebody years later.
[01:22:54.320 --> 01:22:58.320]  Let's say this child goes through therapy and she finally learns to cope with this,
[01:22:58.320 --> 01:23:08.320]  and then years later somebody digs it up and uses it against her or to chastise her or to basically just throw it in her face and cause her problems.
[01:23:08.320 --> 01:23:10.320]  Now what?
[01:23:10.320 --> 01:23:17.320]  Now, see, there's all kinds of reasons why without that conviction this record should not be allowed to remain alive.
[01:23:17.320 --> 01:23:24.320]  And most people aren't looking beyond the moment when they make the choice as to how this should work.
[01:23:24.320 --> 01:23:30.320]  Now, it'd be one thing if the wife was the one that was making that decision as an adult for herself.
[01:23:30.320 --> 01:23:34.320]  Yeah, he raped me, he beat me, leave his record.
[01:23:34.320 --> 01:23:42.320]  But here she's doing it for a child that can't make that choice for herself.
[01:23:42.320 --> 01:23:46.320]  Yeah, yeah.
[01:23:46.320 --> 01:23:55.320]  But I'm, you know, the reason I'd called was to ask about the common law aspect.
[01:23:55.320 --> 01:24:01.320]  There is in the annotated statutes another little note.
[01:24:01.320 --> 01:24:08.320]  This section does not codify English common law, circa 1776 preserves that the law historically
[01:24:08.320 --> 01:24:14.320]  or historical understanding is subject to continuing evolution under judicial power.
[01:24:14.320 --> 01:24:21.320]  The Supreme Court has authority to not only alter but also abrogate the common law when appropriate.
[01:24:21.320 --> 01:24:31.320]  The court's responsibility for altering or abolishing the common law rule does not end due to legislative failure to enact a statute to the contrary.
[01:24:31.320 --> 01:24:41.320]  So in this particular case, we have the legislature failing, we have the public record to be preserved,
[01:24:41.320 --> 01:24:51.320]  and a couple of Supreme Court justices who think that the record should be deleteable with the majority of them saying,
[01:24:51.320 --> 01:25:02.320]  we're not going to pass a change to SCR 72 and kicking it back to the legislature.
[01:25:02.320 --> 01:25:04.320]  So I'm not sure.
[01:25:04.320 --> 01:25:09.320]  What did they say they could override, they could override the common law when?
[01:25:09.320 --> 01:25:17.320]  The common law stays the common law until altered or suspended by the legislature.
[01:25:17.320 --> 01:25:24.320]  The Supreme Court has the authority to not only, and this is in the annotated based on a 2003 case,
[01:25:24.320 --> 01:25:31.320]  the Supreme Court has authority not only to alter but to also abrogate the common law when appropriate.
[01:25:31.320 --> 01:25:42.320]  The court's responsibility for altering or abolishing a common law rule does not end due to legislative failure to enact a statute to the contrary.
[01:25:42.320 --> 01:25:51.320]  When would it be appropriate to abrogate the common law?
[01:25:51.320 --> 01:26:06.320]  I'm assuming this is tossed into this 2003 site that I've not read because I'm still going through other sections of code
[01:26:06.320 --> 01:26:12.320]  trying to figure out what the status is.
[01:26:12.320 --> 01:26:18.320]  The attorney who's trying to get this buried seems to be going with the idea that
[01:26:18.320 --> 01:26:26.320]  a judge has complete control over their courtroom in the record, therefore he has the power to bury it,
[01:26:26.320 --> 01:26:32.320]  which wouldn't be a Supreme Court rule.
[01:26:32.320 --> 01:26:41.320]  First of all, I want to challenge the idea that judges have absolute control.
[01:26:41.320 --> 01:26:48.320]  The legislature in Indiana, and this is a true story, I challenge people to go and look it up,
[01:26:48.320 --> 01:27:03.320]  the legislature in Indiana back in the 1930s almost passed a law that would modify the value of pi.
[01:27:03.320 --> 01:27:18.320]  They were going to round the value of pi down to three to make it easier for children to learn geometry.
[01:27:18.320 --> 01:27:27.320]  They got through three readings of it and it was dumped at the last moment.
[01:27:27.320 --> 01:27:33.320]  Somebody probably woke up and went, we're going to do what?
[01:27:33.320 --> 01:27:35.320]  That's actually a true story.
[01:27:35.320 --> 01:27:40.320]  You can't change the laws of nature.
[01:27:40.320 --> 01:27:50.320]  I disagree that judges have ultimate authority to override the common law.
[01:27:50.320 --> 01:27:57.320]  The purpose of their being there is to protect and defend life, liberty, and private property,
[01:27:57.320 --> 01:28:03.320]  which is basically a reference to common law.
[01:28:03.320 --> 01:28:11.320]  It makes me nervous for anybody with blood running through their veins to make the assumption
[01:28:11.320 --> 01:28:21.320]  that they can simply abrogate certain laws.
[01:28:21.320 --> 01:28:25.320]  Well, that is the notation.
[01:28:25.320 --> 01:28:36.320]  One of the sites that I was reading, it had to do with a murder charge is tied to a one year and one day.
[01:28:36.320 --> 01:28:43.320]  If you're going to get charged with murder, apparently there's a common law saying that the person has to die
[01:28:43.320 --> 01:28:50.320]  for under a year and a day from when the act took place.
[01:28:50.320 --> 01:28:57.320]  Somebody apparently had a brick smashed across their head and it took them two years to die from the complications.
[01:28:57.320 --> 01:29:00.320]  The case was about that.
[01:29:00.320 --> 01:29:05.320]  They were discussing the common law rule of a year and a day.
[01:29:05.320 --> 01:29:10.320]  I looked at it and went, all right, now how do I use this?
[01:29:10.320 --> 01:29:21.320]  Then I got distracted with other things and haven't figured out in my head how this all knits together.
[01:29:21.320 --> 01:29:30.320]  There was an example that they were talking about changing the rule so that this guy could get charged.
[01:29:30.320 --> 01:29:40.320]  I think they went with, we're not changing the year and the day so you can't charge him with murder.
[01:29:40.320 --> 01:29:42.320]  Well, all right.
[01:29:42.320 --> 01:29:44.320]  All right, hang on a second, Mark.
[01:29:44.320 --> 01:29:47.320]  We're going to take another break and then we'll let you finish this on the other side.
[01:29:47.320 --> 01:29:52.320]  All right, folks, call in number 512-646-1984.
[01:29:52.320 --> 01:29:53.320]  Oliver, I see you on the board too.
[01:29:53.320 --> 01:29:56.320]  Hang on and we'll deal with you when we get done with Mark.
[01:29:56.320 --> 01:30:01.320]  All right, folks, we'll be right back so hang in there.
[01:30:01.320 --> 01:30:08.320]  If you shop online, chances are a vendor is sizing you up and setting prices according to what they think you'll pay.
[01:30:08.320 --> 01:30:15.320]  I'm Dr. Catherine Albrecht and I'll be back in a moment with some tips to protect yourself from discriminatory pricing.
[01:30:15.320 --> 01:30:17.320]  Privacy is under attack.
[01:30:17.320 --> 01:30:20.320]  When you give up data about yourself, you'll never get it back again.
[01:30:20.320 --> 01:30:25.320]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.320 --> 01:30:30.320]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.320 --> 01:30:33.320]  Privacy, it's worth hanging on to.
[01:30:33.320 --> 01:30:40.320]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:40.320 --> 01:30:44.320]  Start over with StartPage.
[01:30:44.320 --> 01:30:48.320]  Internet retailers are hunting for easy prey in the online jungle.
[01:30:48.320 --> 01:30:54.320]  Without warning, they might charge you more than another customer for the exact same item based on your web browser and visit history.
[01:30:54.320 --> 01:30:59.320]  Capital One Bank reportedly charges higher interest rates to Firefox users.
[01:30:59.320 --> 01:31:06.320]  And Amazon got caught raising prices based on buyer cookies, code stored on people's computer that linked to their purchase history.
[01:31:06.320 --> 01:31:09.320]  While this is infuriating, it's perfectly legal.
[01:31:09.320 --> 01:31:15.320]  Your best defense is to delete cookies, shop around for the best price, make notes, and take your sweet time.
[01:31:15.320 --> 01:31:21.320]  And before you make a large purchase, you may want to have someone else check the deal using a different computer and browser.
[01:31:21.320 --> 01:31:30.320]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.320 --> 01:31:34.320]  I lost my son, my nephew, my uncle, my son on September 11, 2001.
[01:31:34.320 --> 01:31:38.320]  Most people don't know that a third tower fell on September 11.
[01:31:38.320 --> 01:31:42.320]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[01:31:42.320 --> 01:31:46.320]  Although the official explanation is that fire brought down Building 7,
[01:31:46.320 --> 01:31:52.320]  over 1,200 architects and engineers have looked into the evidence and believe there is more to the story.
[01:31:52.320 --> 01:31:55.320]  Bring justice to my son, my uncle, my nephew, my son.
[01:31:55.320 --> 01:32:00.320]  Go to buildingwhat.org, why it fell, why it matters, and what you can do.
[01:32:00.320 --> 01:32:03.320]  Nutritious food is real body armor.
[01:32:03.320 --> 01:32:09.320]  It builds muscle, burns fat, improves digestion, and feeds the entire body the nutrients it needs.
[01:32:09.320 --> 01:32:13.320]  Did you know the U.S. government banned the hemp plant from growing in the United States
[01:32:13.320 --> 01:32:17.320]  and classified it as a Schedule I drug to hide it behind the marijuana plant?
[01:32:17.320 --> 01:32:23.320]  People have been confused about this plant for over 80 years, and many still don't know what hemp is.
[01:32:23.320 --> 01:32:27.320]  So now you know hemp is not marijuana, and marijuana is not hemp.
[01:32:27.320 --> 01:32:30.320]  They are different varieties of the same species.
[01:32:30.320 --> 01:32:35.320]  HempUSA.org wants the world to know these basic facts and to help people understand
[01:32:35.320 --> 01:32:39.320]  that hemp protein powder is the best-kept health secret you need to know about.
[01:32:39.320 --> 01:32:46.320]  Remember, hemp protein powder contains 53% protein, is gluten-free, anti-inflammatory, non-GMO,
[01:32:46.320 --> 01:32:48.320]  and is loaded with nutrients.
[01:32:48.320 --> 01:32:57.320]  Call 888-910-4367, 888-910-4367, and see what our powder, seeds, and oil can do for you.
[01:32:57.320 --> 01:33:01.320]  Only at hempUSA.org.
[01:33:01.320 --> 01:33:11.320]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:31.320 --> 01:33:42.320]  All right, folks, we are back.
[01:33:42.320 --> 01:33:48.320]  This is a Thursday night rule of law radio show with Eddie Craig sitting in for Randy Kelton
[01:33:48.320 --> 01:33:53.320]  with my guest, Michael Badnerick, and we are talking to Mark in Wisconsin.
[01:33:53.320 --> 01:33:56.320]  All right, Mark.
[01:33:56.320 --> 01:34:03.320]  All right, so the only other thing that I spot in this is, of course,
[01:34:03.320 --> 01:34:09.320]  and this would be the legislature has already made law and statutes have been developed,
[01:34:09.320 --> 01:34:14.320]  is the preservation of the public record by the clerk of the courts and the clerk of the courts,
[01:34:14.320 --> 01:34:18.320]  the paperwork the court should have.
[01:34:18.320 --> 01:34:23.320]  Going back to the communication here, at this point,
[01:34:23.320 --> 01:34:27.320]  the D.A. isn't going to specifically disagree with the defense attorney intends to sign
[01:34:27.320 --> 01:34:31.320]  the defense attorney stipulation of the case sealed and delete it.
[01:34:31.320 --> 01:34:34.320]  It will go to the judge who will make the determination whether or not
[01:34:34.320 --> 01:34:37.320]  both parts of the stipulation have been sealed.
[01:34:37.320 --> 01:34:41.320]  If the judge agrees, there will not be a hearing on the 15th.
[01:34:41.320 --> 01:34:42.320]  The case is closed.
[01:34:42.320 --> 01:34:44.320]  There will be no more dates.
[01:34:44.320 --> 01:34:48.320]  So we've got here paperwork bouncing between the two sides.
[01:34:48.320 --> 01:34:53.320]  It's going to go to the judge if the judge signs it, the case disappears.
[01:34:53.320 --> 01:35:01.320]  So how is this not somehow secreting a public record,
[01:35:01.320 --> 01:35:08.320]  or is it not secreting a public record for the tenth of a second that it exists in the public record
[01:35:08.320 --> 01:35:13.320]  before the record is removed?
[01:35:13.320 --> 01:35:19.320]  Well, there is always the issue about whether or not it's a proper and valid public record to begin with.
[01:35:19.320 --> 01:35:29.320]  Like I said, if the record itself causes an unjust harm, the argument is it can't be valid.
[01:35:29.320 --> 01:35:40.320]  If it can't be valid and its existence, as it happens, is causing no good and only harm,
[01:35:40.320 --> 01:35:47.320]  and since the destruction of records is predicated by the determination of the legislature,
[01:35:47.320 --> 01:35:56.320]  not the courts, it's a bylaw measure, since it's the law that established the record keeping in the first place,
[01:35:56.320 --> 01:36:04.320]  then there should be no issue with the legislature being able to enact such a law.
[01:36:04.320 --> 01:36:12.320]  Right. In fact, one of the Supreme Court members explicitly said this is a legislative issue.
[01:36:12.320 --> 01:36:22.320]  So then what I'm hearing from your perspective here, Eddie, is that this record shouldn't,
[01:36:22.320 --> 01:36:27.320]  there would be no legal basis for its destruction at this point in time
[01:36:27.320 --> 01:36:34.320]  because the legislature has not said this is cool.
[01:36:34.320 --> 01:36:39.320]  The only way in which they're going at this is to say the Supreme Court rules say
[01:36:39.320 --> 01:36:42.320]  that a judge can do whatever they want in their court,
[01:36:42.320 --> 01:36:47.320]  and if the judge decides the record can be destroyed, it can be destroyed.
[01:36:47.320 --> 01:36:54.320]  Yeah, but has the legislature created a law prohibiting the destruction of the record?
[01:36:54.320 --> 01:37:07.320]  The legislature has to date, it is not possible to destroy a created case in the state of Wisconsin
[01:37:07.320 --> 01:37:22.320]  unless you have under age 25 and under six years and it's a crime not involving child abuse
[01:37:22.320 --> 01:37:26.320]  as an example of crimes that are, there's a series of them.
[01:37:26.320 --> 01:37:31.320]  So they have, for criminal cases, they have that.
[01:37:31.320 --> 01:37:39.320]  In civil cases, if both sides agree on a civil case to a sealing of the record, they can get that.
[01:37:39.320 --> 01:37:45.320]  But since this is a criminal case, as far as I'm aware, there's no law
[01:37:45.320 --> 01:37:54.320]  and multiple county websites talking about expunging the record explicitly explain that no,
[01:37:54.320 --> 01:37:59.320]  in Wisconsin you can't get your record expunged unless you're under 25
[01:37:59.320 --> 01:38:03.320]  and the criteria mentioned earlier.
[01:38:03.320 --> 01:38:10.320]  So it appears legislatively they can't do this.
[01:38:10.320 --> 01:38:14.320]  But that doesn't mean that they're not going to go and do it.
[01:38:14.320 --> 01:38:16.320]  Well, that's possible.
[01:38:16.320 --> 01:38:22.320]  The problem is, is in any place a public servant can only do that
[01:38:22.320 --> 01:38:26.320]  which he has been specifically delegated by the Constitution
[01:38:26.320 --> 01:38:31.320]  or is authorized to do by the enacted laws of the legislature.
[01:38:31.320 --> 01:38:32.320]  Okay.
[01:38:32.320 --> 01:38:42.320]  They are not free to ad lib things for which there is no law to base that action.
[01:38:42.320 --> 01:38:49.320]  Now that doesn't mean the law has to tell them every single little hair of their head way of doing something.
[01:38:49.320 --> 01:38:55.320]  But the actions they take must be logically inferable from the power
[01:38:55.320 --> 01:39:03.320]  and authority delegated to them through the statutes that exist.
[01:39:03.320 --> 01:39:09.320]  That's why I wrote a letter to the clerk of the court saying,
[01:39:09.320 --> 01:39:12.320]  hey, there appears to be this record being secreted.
[01:39:12.320 --> 01:39:20.320]  Under public record law I want a copy of this record which should be in your possession.
[01:39:20.320 --> 01:39:29.320]  And they've now apparently filed that in the criminal case.
[01:39:29.320 --> 01:39:31.320]  Okay.
[01:39:31.320 --> 01:39:40.320]  So that seems to be a way to work the politics is getting the, you know,
[01:39:40.320 --> 01:39:46.320]  looking deeply into what is supposed to be in the record and how unsalable it is
[01:39:46.320 --> 01:39:50.320]  and then pointing that out.
[01:39:50.320 --> 01:39:54.320]  But like I said, there's a whole lot of ugly all the way around on this.
[01:39:54.320 --> 01:40:02.320]  And I do agree with you that records need to be able to be expunged.
[01:40:02.320 --> 01:40:07.320]  And right now in Wisconsin that really doesn't exist.
[01:40:07.320 --> 01:40:14.320]  But I'm not sure how that, you know, should be applied to somebody who takes
[01:40:14.320 --> 01:40:21.320]  and violates the court order against him for having a handgun or a gun
[01:40:21.320 --> 01:40:27.320]  because of the domestic violence plea that he took a few years ago
[01:40:27.320 --> 01:40:32.320]  to then create this alleged state of innocence.
[01:40:32.320 --> 01:40:39.320]  So there's, you know, how do you handle a crime that will never be charged
[01:40:39.320 --> 01:40:47.320]  to then have a crime expunged?
[01:40:47.320 --> 01:40:51.320]  Well, expunging the crime is one thing.
[01:40:51.320 --> 01:40:55.320]  Destruction of the record apparently is something else.
[01:40:55.320 --> 01:40:58.320]  Okay.
[01:40:58.320 --> 01:40:59.320]  All right.
[01:40:59.320 --> 01:41:00.320]  All right.
[01:41:00.320 --> 01:41:08.320]  Well, I'll chase down the angle on the record and the clerk of the courts
[01:41:08.320 --> 01:41:15.320]  because the clerk of the courts angle struck me as probably the thing
[01:41:15.320 --> 01:41:20.320]  that they haven't thought of and the clerk's answer would be,
[01:41:20.320 --> 01:41:23.320]  I was just doing what I was told by the judge.
[01:41:23.320 --> 01:41:29.320]  And I don't know if that's sufficient.
[01:41:29.320 --> 01:41:32.320]  Well, like I say, without something authorized in the law,
[01:41:32.320 --> 01:41:36.320]  the judge is not free to do as he pleases.
[01:41:36.320 --> 01:41:38.320]  Okay.
[01:41:38.320 --> 01:41:41.320]  So that's my take on it.
[01:41:41.320 --> 01:41:46.320]  Well, the freedom seems to come from the Supreme Court rules,
[01:41:46.320 --> 01:41:53.320]  which is, you know, it's not legislative law.
[01:41:53.320 --> 01:41:56.320]  So all right.
[01:41:56.320 --> 01:42:01.320]  Well, no good answers and lots of questions.
[01:42:01.320 --> 01:42:02.320]  Exactly.
[01:42:02.320 --> 01:42:03.320]  All right.
[01:42:03.320 --> 01:42:04.320]  Thank you for your time.
[01:42:04.320 --> 01:42:06.320]  And, you know, you can get on to Oliver
[01:42:06.320 --> 01:42:12.320]  unless Mr. Badnerick has some word of wisdom.
[01:42:12.320 --> 01:42:13.320]  No.
[01:42:13.320 --> 01:42:14.320]  Sorry.
[01:42:14.320 --> 01:42:20.320]  I'm still trying to decide why the expunging the records is important
[01:42:20.320 --> 01:42:23.320]  to anybody.
[01:42:23.320 --> 01:42:25.320]  Well, it's important to the parent.
[01:42:25.320 --> 01:42:27.320]  It's important to the mother.
[01:42:27.320 --> 01:42:33.320]  And I wouldn't have prevailed in a case I had with an entirely different group
[01:42:33.320 --> 01:42:38.320]  of people had records been expunged from the court.
[01:42:38.320 --> 01:42:46.320]  And I'm, as a result, pro having records be kept
[01:42:46.320 --> 01:42:50.320]  because otherwise, you know, I couldn't have used them.
[01:42:50.320 --> 01:42:54.320]  So...
[01:42:54.320 --> 01:42:55.320]  Well, there you go.
[01:42:55.320 --> 01:42:57.320]  That goes to the point I was talking about.
[01:42:57.320 --> 01:42:59.320]  They'll be forever accessible if they remain.
[01:42:59.320 --> 01:43:02.320]  Whether or not he was convicted will be irrelevant.
[01:43:02.320 --> 01:43:05.320]  Yeah.
[01:43:05.320 --> 01:43:06.320]  All right.
[01:43:06.320 --> 01:43:07.320]  All right.
[01:43:07.320 --> 01:43:08.320]  Thanks, Mark.
[01:43:08.320 --> 01:43:09.320]  Bye.
[01:43:09.320 --> 01:43:10.320]  Bye-bye.
[01:43:10.320 --> 01:43:11.320]  All right, Oliver.
[01:43:11.320 --> 01:43:14.320]  We've only got about 45 seconds before we go to another break.
[01:43:14.320 --> 01:43:17.320]  So as soon as we come back on the other side, I will pick you up.
[01:43:17.320 --> 01:43:19.320]  We're going into the last segment of the show.
[01:43:19.320 --> 01:43:21.320]  So you're the only other caller on the board.
[01:43:21.320 --> 01:43:23.320]  So there won't be anybody pushing you out of the way.
[01:43:23.320 --> 01:43:24.320]  So don't hang up.
[01:43:24.320 --> 01:43:27.320]  Hang in there and we'll deal with you on the other side there
[01:43:27.320 --> 01:43:29.320]  and do whatever we can for you.
[01:43:29.320 --> 01:43:31.320]  All right, folks.
[01:43:31.320 --> 01:43:33.320]  I want to thank everybody for listening.
[01:43:33.320 --> 01:43:34.320]  Keep listening.
[01:43:34.320 --> 01:43:35.320]  We've got one segment left.
[01:43:35.320 --> 01:43:38.320]  And if you've got anything specific to Mr. Michael Bagnerich
[01:43:38.320 --> 01:43:42.320]  as far as his Constitution class or any questions for him as well,
[01:43:42.320 --> 01:43:44.320]  please feel free to call in and get those out there
[01:43:44.320 --> 01:43:47.320]  before we run out of time on this show.
[01:43:47.320 --> 01:43:48.320]  All right, folks.
[01:43:48.320 --> 01:43:49.320]  We're going to go to break.
[01:43:49.320 --> 01:43:53.320]  So y'all hang in there and we'll be right back here in just a moment.
[01:43:53.320 --> 01:44:02.320]  Are you being harassed by debt collectors
[01:44:02.320 --> 01:44:05.320]  with phone calls, letters, or even lawsuits?
[01:44:05.320 --> 01:44:09.320]  Stop debt collectors now with the Michael Mears proven method.
[01:44:09.320 --> 01:44:12.320]  Michael Mears has won six cases in federal court against debt collectors,
[01:44:12.320 --> 01:44:14.320]  and now you can win too.
[01:44:14.320 --> 01:44:17.320]  You'll get step-by-step instructions in plain English
[01:44:17.320 --> 01:44:20.320]  on how to win in court using federal civil rights statutes,
[01:44:20.320 --> 01:44:24.320]  what to do when contacted by phone, mail, or court summons,
[01:44:24.320 --> 01:44:26.320]  how to answer letters and phone calls,
[01:44:26.320 --> 01:44:28.320]  how to get debt collectors out of your credit report,
[01:44:28.320 --> 01:44:33.320]  how to turn the financial tables on them and make them pay you to go away.
[01:44:33.320 --> 01:44:38.320]  The Michael Mears proven method is the solution for how to stop debt collectors.
[01:44:38.320 --> 01:44:40.320]  Personal consultation is available as well.
[01:44:40.320 --> 01:44:44.320]  For more information, please visit ruleoflawradio.com
[01:44:44.320 --> 01:44:46.320]  and click on the blue Michael Mears banner
[01:44:46.320 --> 01:44:49.320]  or email michaelmears at yahoo.com.
[01:44:49.320 --> 01:44:51.320]  That's ruleoflawradio.com,
[01:44:51.320 --> 01:44:57.320]  or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:44:57.320 --> 01:45:00.320]  to learn how to stop debt collectors now.
[01:45:00.320 --> 01:45:03.320]  Are you the plaintiff or defendant in a lawsuit?
[01:45:03.320 --> 01:45:07.320]  Win your case without an attorney with Juris Dictionary,
[01:45:07.320 --> 01:45:10.320]  the affordable, easy-to-understand 4-CD course
[01:45:10.320 --> 01:45:15.320]  that will show you how in 24 hours, step-by-step.
[01:45:15.320 --> 01:45:18.320]  If you have a lawyer, know what your lawyer should be doing.
[01:45:18.320 --> 01:45:22.320]  If you don't have a lawyer, know what you should do for yourself.
[01:45:22.320 --> 01:45:27.320]  Thousands have won with our step-by-step course, and now you can, too.
[01:45:27.320 --> 01:45:30.320]  Juris Dictionary was created by a licensed attorney
[01:45:30.320 --> 01:45:33.320]  with 22 years of case-winning experience.
[01:45:33.320 --> 01:45:35.320]  Even if you're not in a lawsuit,
[01:45:35.320 --> 01:45:38.320]  you can learn what everyone should understand
[01:45:38.320 --> 01:45:42.320]  about the principles and practices that control our American courts.
[01:45:42.320 --> 01:45:47.320]  You'll receive our audio classroom, video seminar, tutorials,
[01:45:47.320 --> 01:45:52.320]  forms for civil cases, pro se tactics, and much more.
[01:45:52.320 --> 01:45:56.320]  Please visit ruleoflawradio.com and click on the banner
[01:45:56.320 --> 01:46:01.320]  or call toll-free, 866-LAW-EZ.
[01:46:01.320 --> 01:46:21.320]  MUSIC
[01:46:21.320 --> 01:46:23.320]  All right, folks, we are back.
[01:46:23.320 --> 01:46:26.320]  This is the Thursday Night Rule of Law Radio Show
[01:46:26.320 --> 01:46:29.320]  with your host Eddie Craig for tonight sitting in for Randy Kelton
[01:46:29.320 --> 01:46:31.320]  and my guest, Mr. Michael Badnerick,
[01:46:31.320 --> 01:46:35.320]  and we're going to be talking to Olivier in Tennessee.
[01:46:35.320 --> 01:46:37.320]  Olivier, what's up?
[01:46:37.320 --> 01:46:39.320]  How you doing, folks?
[01:46:39.320 --> 01:46:41.320]  Man, we're having so much fun, man.
[01:46:41.320 --> 01:46:44.320]  Last week, I was supposed to drop my brother off to Florida.
[01:46:44.320 --> 01:46:47.320]  Before I dropped my brother off to Florida,
[01:46:47.320 --> 01:46:50.320]  they pulled me over, locked me up, and locked my big brother up.
[01:46:50.320 --> 01:46:55.320]  Locked me up for driving with a civil license, possession of cannabis,
[01:46:55.320 --> 01:46:57.320]  all the little trinkets.
[01:46:57.320 --> 01:47:00.320]  But they locked my big brother up for calling 911.
[01:47:00.320 --> 01:47:04.320]  The night before, they stopped us, and I got out, you know,
[01:47:04.320 --> 01:47:06.320]  kind of was aggressive.
[01:47:06.320 --> 01:47:10.320]  See, he's not from here, but he knows me from younger,
[01:47:10.320 --> 01:47:14.320]  and he knows that, you know, I'm not too smart
[01:47:14.320 --> 01:47:16.320]  when it comes to holding my mouth.
[01:47:16.320 --> 01:47:20.320]  You know, he's not feeling the situation of coming outside
[01:47:20.320 --> 01:47:24.320]  with a whole bunch of cops and me going off 100%.
[01:47:24.320 --> 01:47:27.320]  He's like, no, I know my brother, I'm not with it.
[01:47:27.320 --> 01:47:30.320]  So this time, since they arrested me,
[01:47:30.320 --> 01:47:32.320]  they want him to get out of the car.
[01:47:32.320 --> 01:47:35.320]  He calls 911 to ask for assistance.
[01:47:35.320 --> 01:47:39.320]  Now, they come and lock him up for calling 911.
[01:47:39.320 --> 01:47:43.320]  So putting him arrested in there, get bonded out,
[01:47:43.320 --> 01:47:45.320]  bonding, happy to come and get us.
[01:47:45.320 --> 01:47:48.320]  We get bonded out, go to Florida on a trip, come back.
[01:47:48.320 --> 01:47:50.320]  He had to come back.
[01:47:50.320 --> 01:47:54.320]  He had to go to the court today, and it was so funny.
[01:47:54.320 --> 01:47:56.320]  We went out there to the Judge's Youth Commission.
[01:47:56.320 --> 01:47:59.320]  When he calls Olivier, he sees two packets.
[01:47:59.320 --> 01:48:01.320]  He calls both of us up there.
[01:48:01.320 --> 01:48:03.320]  I'm like, man, what a convict.
[01:48:03.320 --> 01:48:04.320]  I'm like, this is crazy.
[01:48:04.320 --> 01:48:06.320]  Both of us are side by side.
[01:48:06.320 --> 01:48:08.320]  Like, wait until he's figured this out.
[01:48:08.320 --> 01:48:11.320]  He started reading it, and he reads my brother's,
[01:48:11.320 --> 01:48:13.320]  and he's like, he caught a headache.
[01:48:13.320 --> 01:48:16.320]  He pulled out the TCA book right in front of us,
[01:48:16.320 --> 01:48:18.320]  pulled out the TCA book, and started reading
[01:48:18.320 --> 01:48:22.320]  911 calls, and this is a charge that I already beat.
[01:48:22.320 --> 01:48:26.320]  This officer that locked us up this time,
[01:48:26.320 --> 01:48:30.320]  I already have a false imprisonment suit against him,
[01:48:30.320 --> 01:48:33.320]  and he did it again.
[01:48:33.320 --> 01:48:35.320]  So he's reading the charge.
[01:48:35.320 --> 01:48:37.320]  He's like, can't believe it.
[01:48:37.320 --> 01:48:39.320]  He can't believe it and can't understand it,
[01:48:39.320 --> 01:48:41.320]  because I guess it's a TCA book.
[01:48:41.320 --> 01:48:43.320]  When you look at it in the computer,
[01:48:43.320 --> 01:48:46.320]  they give you a more descriptive understanding of it.
[01:48:46.320 --> 01:48:49.320]  He pulls out his phone right in front of us.
[01:48:49.320 --> 01:48:50.320]  No shame.
[01:48:50.320 --> 01:48:51.320]  No shame at all.
[01:48:51.320 --> 01:48:53.320]  Pulls out his phone right in front of us,
[01:48:53.320 --> 01:48:57.320]  go to typing it in, pulls it up, reads it,
[01:48:57.320 --> 01:49:02.320]  put his head down, like, what are we doing?
[01:49:02.320 --> 01:49:03.320]  Then he goes through the script.
[01:49:03.320 --> 01:49:05.320]  He's like, well, you got to go to court
[01:49:05.320 --> 01:49:07.320]  and bring an attorney.
[01:49:07.320 --> 01:49:10.320]  Then during the day, he's talking to everybody else.
[01:49:10.320 --> 01:49:14.320]  Like, he's the boss, and they're the servants.
[01:49:14.320 --> 01:49:16.320]  So I'm waiting for him to give me the script
[01:49:16.320 --> 01:49:18.320]  about when you're going to get your license and all that.
[01:49:18.320 --> 01:49:19.320]  I'm looking at him.
[01:49:19.320 --> 01:49:20.320]  He's looking at me.
[01:49:20.320 --> 01:49:23.320]  He's like, well, Mr. Liguerre, come to court on this day
[01:49:23.320 --> 01:49:24.320]  and have an attorney.
[01:49:24.320 --> 01:49:25.320]  Have an attorney.
[01:49:25.320 --> 01:49:26.320]  I'm looking at him like, what?
[01:49:26.320 --> 01:49:28.320]  I'm looking at him like, what?
[01:49:28.320 --> 01:49:30.320]  I don't get to read you across the clothes.
[01:49:30.320 --> 01:49:33.320]  I don't get to tell you that I don't engage in transportation,
[01:49:33.320 --> 01:49:36.320]  that I will never get one of your licenses.
[01:49:36.320 --> 01:49:39.320]  I don't get to do that.
[01:49:39.320 --> 01:49:41.320]  And then as soon as he says that, right,
[01:49:41.320 --> 01:49:43.320]  he said, well, we need a recess.
[01:49:43.320 --> 01:49:45.320]  He said, of course, a recess.
[01:49:45.320 --> 01:49:49.320]  Ran out without paperwork.
[01:49:49.320 --> 01:49:50.320]  Who are you going to go call?
[01:49:50.320 --> 01:49:51.320]  Who are you going to go call?
[01:49:51.320 --> 01:49:52.320]  The chief?
[01:49:52.320 --> 01:49:53.320]  You're going to call the city attorney?
[01:49:53.320 --> 01:49:55.320]  Then you're going to call.
[01:49:55.320 --> 01:49:57.320]  Oh, man, I'm having so much fun over here, Eddie.
[01:49:57.320 --> 01:49:58.320]  Thank you.
[01:49:58.320 --> 01:49:59.320]  Well, you're welcome, I guess.
[01:49:59.320 --> 01:50:03.320]  I'm glad I'm able to help people entertain themselves over time.
[01:50:03.320 --> 01:50:04.320]  What?
[01:50:04.320 --> 01:50:05.320]  We got locked up.
[01:50:05.320 --> 01:50:06.320]  I turned around.
[01:50:06.320 --> 01:50:08.320]  We got locked up that night.
[01:50:08.320 --> 01:50:12.320]  That night, I turned around and wrote a $500,000 lawsuit
[01:50:12.320 --> 01:50:15.320]  on that incident, then come to find out today,
[01:50:15.320 --> 01:50:17.320]  my brother did some more research,
[01:50:17.320 --> 01:50:23.320]  and he found out a case where somebody got paid $506,000
[01:50:23.320 --> 01:50:25.320]  for false imprisonment.
[01:50:25.320 --> 01:50:27.320]  And I'm sitting here like, wait a minute.
[01:50:27.320 --> 01:50:29.320]  This is the second time he did it to me.
[01:50:29.320 --> 01:50:32.320]  I'm taking Randy Kelton too seriously.
[01:50:32.320 --> 01:50:34.320]  I'm being too moderate with these numbers.
[01:50:34.320 --> 01:50:35.320]  I need to add this up.
[01:50:35.320 --> 01:50:36.320]  Yeah.
[01:50:36.320 --> 01:50:37.320]  I told you.
[01:50:37.320 --> 01:50:42.320]  Trevizant versus City of Tampa set a precedent in Florida
[01:50:42.320 --> 01:50:49.320]  for $1,063 per minute of illegal incarceration.
[01:50:49.320 --> 01:50:58.320]  The guy got paid 25 grand by a jury for 23 minutes in a jail cell.
[01:50:58.320 --> 01:51:01.320]  Wow.
[01:51:01.320 --> 01:51:02.320]  Okay.
[01:51:02.320 --> 01:51:05.320]  Trevizant versus City of Tampa.
[01:51:05.320 --> 01:51:08.320]  Trevizant versus City of Tampa.
[01:51:08.320 --> 01:51:09.320]  Trevizant.
[01:51:09.320 --> 01:51:10.320]  Yep.
[01:51:10.320 --> 01:51:12.320]  The cop there did exactly the same stupid thing.
[01:51:12.320 --> 01:51:14.320]  He arrested the guy.
[01:51:14.320 --> 01:51:16.320]  He took him to the police department
[01:51:16.320 --> 01:51:20.320]  because the guy demanded an immediate appearance before a magistrate.
[01:51:20.320 --> 01:51:24.320]  And the cop was so stupid that he took him there,
[01:51:24.320 --> 01:51:29.320]  and instead of just sitting in the lobby to wait to see the magistrate,
[01:51:29.320 --> 01:51:33.320]  the cop put him in a holding cell.
[01:51:33.320 --> 01:51:35.320]  Ding!
[01:51:35.320 --> 01:51:39.320]  Lost in prison.
[01:51:39.320 --> 01:51:41.320]  Okay.
[01:51:41.320 --> 01:51:43.320]  I have one more question.
[01:51:43.320 --> 01:51:44.320]  This is the real one.
[01:51:44.320 --> 01:51:46.320]  When I went to go file the complaint this time,
[01:51:46.320 --> 01:51:48.320]  last time I went to file the complaint,
[01:51:48.320 --> 01:51:51.320]  they told me, oh, well, the chief said he's not taking it
[01:51:51.320 --> 01:51:54.320]  because you waited too long to file the complaint.
[01:51:54.320 --> 01:51:55.320]  It's over a year.
[01:51:55.320 --> 01:51:56.320]  I'm like, wait a minute.
[01:51:56.320 --> 01:51:57.320]  This case got dismissed today.
[01:51:57.320 --> 01:51:59.320]  What are you talking about?
[01:51:59.320 --> 01:52:06.320]  Now today we go try to file the complaint about the incident that happened Thursday.
[01:52:06.320 --> 01:52:09.320]  And they're telling you you can't do it because it hasn't gone to trial yet.
[01:52:09.320 --> 01:52:11.320]  Right.
[01:52:11.320 --> 01:52:16.320]  And I got both of those incidences on tape.
[01:52:16.320 --> 01:52:19.320]  Well, you need to make sure you add the chief to this suit
[01:52:19.320 --> 01:52:26.320]  because he is the one that is aiding and abetting these officers in the commission of these acts.
[01:52:26.320 --> 01:52:31.320]  He is providing them with the incentive to do it.
[01:52:31.320 --> 01:52:36.320]  So on the second lawsuit, include the chief at aiding and abetting.
[01:52:36.320 --> 01:52:37.320]  Absolutely.
[01:52:37.320 --> 01:52:41.320]  But what you need to do is get what the policy and procedures are from the department
[01:52:41.320 --> 01:52:46.320]  on filing charges against the officer for their actions.
[01:52:46.320 --> 01:52:49.320]  Get the written policies and procedures.
[01:52:49.320 --> 01:52:54.320]  Show that the chief is not following those policies and procedures
[01:52:54.320 --> 01:52:59.320]  and is causing you harm in not allowing you to file the complaints
[01:52:59.320 --> 01:53:04.320]  that is your right to file against these officers.
[01:53:04.320 --> 01:53:05.320]  Right.
[01:53:05.320 --> 01:53:10.320]  So then you get the chief and you get the police department and you get the municipality
[01:53:10.320 --> 01:53:15.320]  because they have a written policy that they're all responsible for
[01:53:15.320 --> 01:53:18.320]  and they're not making him follow it.
[01:53:18.320 --> 01:53:20.320]  Right.
[01:53:20.320 --> 01:53:25.320]  So before I filed that lawsuit, right, they didn't have time to go get it certified
[01:53:25.320 --> 01:53:27.320]  and everything because it was late that evening.
[01:53:27.320 --> 01:53:31.320]  I said, okay, that means I get to deliver the suit to the city attorney myself.
[01:53:31.320 --> 01:53:34.320]  No, whoa, whoa, whoa, whoa, whoa, whoa.
[01:53:34.320 --> 01:53:41.320]  You can't be the party delivering, providing service for the lawsuit that you are the other party to.
[01:53:41.320 --> 01:53:42.320]  Yeah, yeah.
[01:53:42.320 --> 01:53:44.320]  But you got to listen to what I said.
[01:53:44.320 --> 01:53:45.320]  Okay.
[01:53:45.320 --> 01:53:48.320]  They did not get a chance to verify it for me.
[01:53:48.320 --> 01:53:52.320]  So it was not, it did not get prepared.
[01:53:52.320 --> 01:53:57.320]  But I said, oh, okay, well, in that case, I'll go deliver him a copy
[01:53:57.320 --> 01:54:04.320]  because I want him to have an advance, a notice in advance of the situation that happened
[01:54:04.320 --> 01:54:10.320]  because he understands that we have a predicament already.
[01:54:10.320 --> 01:54:15.320]  So when I went down to the city hall, I signed for the videos, the video requests that I want,
[01:54:15.320 --> 01:54:18.320]  then they took me up there to see him.
[01:54:18.320 --> 01:54:22.320]  Then when I went up there to see him, I walked in, I seen the secretary, you know,
[01:54:22.320 --> 01:54:24.320]  when I call out there, it's kind of aggressive.
[01:54:24.320 --> 01:54:29.320]  But when I saw her, I'm like, oh, man, you don't see nothing like I thought you were.
[01:54:29.320 --> 01:54:30.320]  You're beautiful.
[01:54:30.320 --> 01:54:31.320]  She's looking at me like, who are you?
[01:54:31.320 --> 01:54:32.320]  I'm like, I'm Olivia.
[01:54:32.320 --> 01:54:33.320]  She's like, what?
[01:54:33.320 --> 01:54:34.320]  You're Olivia?
[01:54:34.320 --> 01:54:35.320]  I'm like, yeah.
[01:54:35.320 --> 01:54:38.320]  You know, so she's got a big old smile on her face like, I think, wow, you're amazing.
[01:54:38.320 --> 01:54:39.320]  You know what I'm saying?
[01:54:39.320 --> 01:54:40.320]  But I'm talking to her and she's like, well.
[01:54:40.320 --> 01:54:41.320]  Yeah, yeah, yeah.
[01:54:41.320 --> 01:54:43.320]  You went in as a player instead of an instigator.
[01:54:43.320 --> 01:54:46.320]  Yeah, I know what you did.
[01:54:46.320 --> 01:54:48.320]  So she was like, Mr. Baker's right there.
[01:54:48.320 --> 01:54:49.320]  I said, Mr. Baker's right there.
[01:54:49.320 --> 01:54:53.320]  When I walked in the office, I saw someone sitting there, but they looked depressed.
[01:54:53.320 --> 01:54:56.320]  They looked like they went through hell for three years straight.
[01:54:56.320 --> 01:54:57.320]  I looked over.
[01:54:57.320 --> 01:54:58.320]  I'm like, oh, my God.
[01:54:58.320 --> 01:54:59.320]  What's wrong with him?
[01:54:59.320 --> 01:55:00.320]  I'm like, okay.
[01:55:00.320 --> 01:55:03.320]  I took out my hand and he's like, well, Mr. Libby, what's going on?
[01:55:03.320 --> 01:55:07.320]  I'm like, well, I needed an information request because I got locked up in the state
[01:55:07.320 --> 01:55:08.320]  and I need the video.
[01:55:08.320 --> 01:55:14.320]  You're like, well, I'm going to have to send your letter saying that I can't give you the
[01:55:14.320 --> 01:55:16.320]  request because the attorney has to give it to you.
[01:55:16.320 --> 01:55:18.320]  I'm like, I don't have an attorney.
[01:55:18.320 --> 01:55:23.320]  There's no attorney and there's not going to be an attorney within seven days from now.
[01:55:23.320 --> 01:55:25.320]  So you can send me that letter if you want to.
[01:55:25.320 --> 01:55:28.320]  I'll take it and do what I have to do with it.
[01:55:28.320 --> 01:55:30.320]  But I want that video.
[01:55:30.320 --> 01:55:36.320]  Then I talked to her and I filed this today, but I didn't get an opportunity to file it
[01:55:36.320 --> 01:55:37.320]  because everyone was gone.
[01:55:37.320 --> 01:55:44.320]  But since I got arrested before I went on my vacation, since your city disturbed me,
[01:55:44.320 --> 01:55:49.320]  I did not want you to have the opportunity to go this weekend without having this to
[01:55:49.320 --> 01:55:50.320]  read.
[01:55:50.320 --> 01:55:51.320]  I handed him the packet.
[01:55:51.320 --> 01:55:52.320]  He was like, oh, what's this?
[01:55:52.320 --> 01:55:53.320]  What's this?
[01:55:53.320 --> 01:55:54.320]  And he saw that $500,000.
[01:55:54.320 --> 01:55:55.320]  He ran his fingers across it.
[01:55:55.320 --> 01:55:56.320]  He was like, oh, what?
[01:55:56.320 --> 01:55:57.320]  Oh, my.
[01:55:57.320 --> 01:55:58.320]  He said, what's this?
[01:55:58.320 --> 01:55:59.320]  I'm like, yeah, it's another one.
[01:55:59.320 --> 01:56:00.320]  He said, somebody was arrested?
[01:56:00.320 --> 01:56:05.320]  I said, yes, someone was arrested, me and my baby brother.
[01:56:05.320 --> 01:56:07.320]  He's like, two people?
[01:56:07.320 --> 01:56:08.320]  I'm like, yes.
[01:56:08.320 --> 01:56:11.320]  And then he was like, Mr. Livia, I wish you would get your license.
[01:56:11.320 --> 01:56:16.320]  And the funny thing is before the cops brought me upstairs, they asked me for my D.I.D.
[01:56:16.320 --> 01:56:17.320]  I gave it to them.
[01:56:17.320 --> 01:56:19.320]  And they were like, well, Mr. Livia, do you have a driver?
[01:56:19.320 --> 01:56:22.320]  And then they looked at it and they're like, oh, this is a driver's license.
[01:56:22.320 --> 01:56:23.320]  I said, yes, it is.
[01:56:23.320 --> 01:56:24.320]  I took it out of hand.
[01:56:24.320 --> 01:56:28.320]  I said, this is the same one that I never give the cops when they pull me over.
[01:56:28.320 --> 01:56:30.320]  And I kissed it and I put it in my pocket.
[01:56:30.320 --> 01:56:34.320]  So when the cops took me upstairs and they hear the city attorney telling me, Mr. Livia,
[01:56:34.320 --> 01:56:39.320]  I wish you would get the license, the cops started grinning from ear to ear because he
[01:56:39.320 --> 01:56:41.320]  realized I'm setting them up.
[01:56:41.320 --> 01:56:44.320]  Mr. Livia just showed me his license downstairs.
[01:56:44.320 --> 01:56:50.320]  And now I get to see the city attorney grovel in front of Mr. Livia.
[01:56:50.320 --> 01:56:56.320]  The secretary is laughing because she's never seen the city attorney act like a baby.
[01:56:56.320 --> 01:56:58.320]  Mr. Livia, I wish you would get the license.
[01:56:58.320 --> 01:57:02.320]  Well, what you should have said, well, I wish you guys would learn that we don't have to
[01:57:02.320 --> 01:57:05.320]  have the license you keep wanting me to get.
[01:57:05.320 --> 01:57:09.320]  Then you wouldn't be sitting here scratching your head asking why me.
[01:57:09.320 --> 01:57:15.320]  I told him, I told him I will stop writing suits when I stop going to jail.
[01:57:15.320 --> 01:57:18.320]  Yeah, or getting stopped for that matter.
[01:57:18.320 --> 01:57:19.320]  Exactly.
[01:57:19.320 --> 01:57:23.320]  I told him I did not want you to, I did not want you to go through this weekend without
[01:57:23.320 --> 01:57:25.320]  having the privilege of reading this.
[01:57:25.320 --> 01:57:28.320]  His space just sunk.
[01:57:28.320 --> 01:57:30.320]  He's like, oh my God.
[01:57:30.320 --> 01:57:35.320]  And like I said, we can ruin their days by doing the suits.
[01:57:35.320 --> 01:57:40.320]  But I'm so glad you took me seriously when I said this has to be done.
[01:57:40.320 --> 01:57:45.320]  The only way to make change is to make them accountable, which we can only do through
[01:57:45.320 --> 01:57:47.320]  their pocketbooks.
[01:57:47.320 --> 01:57:49.320]  And I'm asking for them to be terminated.
[01:57:49.320 --> 01:57:53.320]  I'm not being civilized about it at all.
[01:57:53.320 --> 01:57:57.320]  I'm asking for them to be terminated because I can clearly show how the law is stayed.
[01:57:57.320 --> 01:58:00.320]  I can clearly show what they're doing and why they deserve to be.
[01:58:00.320 --> 01:58:05.320]  Yeah, if you can show that their training intentionally puts these officers in the dark
[01:58:05.320 --> 01:58:11.320]  so that they will harm the public, there ain't no way this chief of police will survive that.
[01:58:11.320 --> 01:58:13.320]  Mm-hmm.
[01:58:13.320 --> 01:58:15.320]  I just wanted to let you know what was going on.
[01:58:15.320 --> 01:58:17.320]  All right, Olivier, congratulations, man.
[01:58:17.320 --> 01:58:21.320]  Keep kicking butt, taking names, and throwing them to the sharks.
[01:58:21.320 --> 01:58:22.320]  All right.
[01:58:22.320 --> 01:58:24.320]  All right, we'll talk to you later.
[01:58:24.320 --> 01:58:28.320]  All right, folks, this has been the Thursday Night Rule of Law radio show with my guest
[01:58:28.320 --> 01:58:29.320]  Michael Badnerich.
[01:58:29.320 --> 01:58:31.320]  Michael, do you want to say good night?
[01:58:31.320 --> 01:58:36.320]  I would love to say good night to all your listeners and to live free, be happy.
[01:58:36.320 --> 01:58:38.320]  I wish you wealth, health, and happiness.
[01:58:38.320 --> 01:58:39.320]  Yes, sir.
[01:58:39.320 --> 01:58:40.320]  I couldn't agree more.
[01:58:40.320 --> 01:58:50.320]  All right, folks, y'all have a great week, good night, and God bless.
[01:58:50.320 --> 01:58:55.320]  Bibles for America is offering absolutely free a unique study Bible called
[01:58:55.320 --> 01:58:57.320]  the New Testament Recovery Version.
[01:58:57.320 --> 01:59:03.320]  The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says
[01:59:03.320 --> 01:59:08.320]  verse by verse, helping you to know God and to know the meaning of life.
[01:59:08.320 --> 01:59:11.320]  Order your free copy today from Bibles for America.
[01:59:11.320 --> 01:59:20.320]  Call us toll free at 888-551-0102 or visit us online at bfa.org.
[01:59:20.320 --> 01:59:25.320]  This translation is highly accurate and it comes with over 13,000 cross references,
[01:59:25.320 --> 01:59:30.320]  plus charts and maps and an outline for every book of the Bible.
[01:59:30.320 --> 01:59:32.320]  This is truly a Bible you can understand.
[01:59:32.320 --> 01:59:40.320]  To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102.
[01:59:40.320 --> 01:59:49.320]  That's 888-551-0102 or visit us online at bfa.org.
[01:59:49.320 --> 02:00:11.320]  You're listening to the Logos Radio Network at logosradionetwork.com.