ROL_2016-11-04_16k_Hr1-2.timecode

[00:00.000 --> 00:08.000]  The falling news flash is brought to you by the Lone Star Lowdown, providing redeli bulletins for the commodities market.
[00:08.000 --> 00:16.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:20.000 --> 00:27.000]  Markets for Friday, the 4th of November, 2016, are currently trading with gold at $1,304.10 an ounce,
[00:27.000 --> 00:37.000]  silver $18.41 an ounce, Texas crude $44.66 a barrel, and Bitcoin is currently sitting at about $697 U.S. currency.
[00:41.000 --> 00:48.000]  Today in history, the year 1952, the United States government establishes the National Security Agency, or NSA,
[00:48.000 --> 00:52.000]  an intelligence organization of the United States government responsible for global monitoring,
[00:52.000 --> 00:57.000]  collection, and processing of information and data for foreign intelligence and counterintelligence purposes.
[00:57.000 --> 01:00.000]  The NSA was established today in history.
[01:03.000 --> 01:10.000]  In recent news, WikiLeaks just dumped part 30 of Hillary Clinton's campaign manager John Podesta's hacked emails,
[01:10.000 --> 01:13.000]  bringing the total thus far to over $47,000.
[01:13.000 --> 01:17.000]  Julian Assange, who still is essentially on house arrest at the Ecuadorian embassy in London,
[01:17.000 --> 01:22.000]  gave an interview with Russia Today where he claims that the outcome of next Tuesday's presidential election
[01:22.000 --> 01:25.000]  between Donald Trump and Hillary Clinton has already been decided,
[01:25.000 --> 01:31.000]  saying, quote, because he has had every establishment off his side, Trump does not have one establishment,
[01:31.000 --> 01:35.000]  maybe with the exception of the evangelicals, if you can call them an establishment.
[01:35.000 --> 01:40.000]  Banks, intelligence, arms companies, foreign money, et cetera, are all united behind Hillary Clinton,
[01:40.000 --> 01:44.000]  and the media as well, media owners and the journalists themselves.
[01:44.000 --> 01:48.000]  This is days after political activists discovered a hidden website for WRCB,
[01:48.000 --> 01:53.000]  an NBC affiliate out of Chattanooga, Tennessee, showing election results with Hillary Clinton
[01:53.000 --> 01:58.000]  securing 343 electoral votes and 42% of the popular vote.
[01:58.000 --> 02:02.000]  Hillary, her campaign, and the media are accusing Russia for the hacking of tens of thousands of emails
[02:02.000 --> 02:04.000]  that WikiLeaks has dumped out in the past weeks.
[02:04.000 --> 02:08.000]  However, Julian Assange has vehemently denied any involvement from the Kremlin.
[02:08.000 --> 02:13.000]  A majority of Hillary's hacked emails that have been released via WikiLeaks since March 2016
[02:13.000 --> 02:21.000]  can be searched through at WikiLeaks.org forward slash Clinton dash emails.
[02:21.000 --> 02:25.000]  CBS News reported earlier today that U.S. intelligence agencies have alerted
[02:25.000 --> 02:29.000]  joint terrorism task forces that Al Qaeda could potentially be planning terrorist attacks
[02:29.000 --> 02:33.000]  in New York, Texas, and Virginia for Monday, the day before the election,
[02:33.000 --> 02:35.000]  though no specific cities and landmarks are mentioned.
[02:35.000 --> 02:39.000]  Counterterrorism spokespersons have stated that as the election day nears,
[02:39.000 --> 02:42.000]  federal law enforcement is planning for several worst-case scenarios,
[02:42.000 --> 02:46.000]  while earlier this week an alert warned local police of polling places
[02:46.000 --> 02:49.000]  being seen as attractive targets for lone wolf type of attacks
[02:49.000 --> 02:54.000]  by individuals motivated by violent extremist ideologies, such as sovereign citizens.
[02:54.000 --> 03:13.000]  This was Brooke Rhodey with your Lowdown for November 4, 2016.
[03:24.000 --> 03:29.000]  Okay, howdy, howdy.
[03:29.000 --> 03:39.000]  This is Randy Kelton with the Root of Law Radio on this Friday, the fourth day of November 2016.
[03:39.000 --> 03:47.000]  And I'm going to start out by going over the first chapter of this e-book.
[03:47.000 --> 03:49.000]  I'm trying to get it ready.
[03:49.000 --> 03:54.000]  I'm hoping to have it up and available soon.
[03:54.000 --> 03:58.000]  And primarily I'm not going to profit from this.
[03:58.000 --> 04:02.000]  I'm going to use it to support the radio network.
[04:02.000 --> 04:07.000]  So I'm hoping that all of our listeners will purchase it if for no other reason
[04:07.000 --> 04:17.000]  than to help keep the very show on the air that was the source of the information
[04:17.000 --> 04:21.000]  for the most part that's in this e-book.
[04:21.000 --> 04:33.000]  And as a sort of an introduction, I'm going to start out and go through the initial part of the book
[04:33.000 --> 04:44.000]  so it kind of makes sense where we're going and why we consider the e-book, this book, to be so valuable.
[04:44.000 --> 04:57.000]  Okay, I'm just going to read the introduction and the section on common legal fallacies.
[04:57.000 --> 05:02.000]  Okay, life is too complex for one person to know everything.
[05:02.000 --> 05:08.000]  Our solution is to rely on those around us with specialized knowledge to fill in the gaps.
[05:08.000 --> 05:13.000]  The problem with this solution is we don't have foreknowledge of who is right,
[05:13.000 --> 05:17.000]  who is wrong, and who is deliberately deceptive.
[05:17.000 --> 05:26.000]  It is important that we divide the difference between what we prefer and how the world really is.
[05:26.000 --> 05:30.000]  From the above perspective, if we are to understand the legal system,
[05:30.000 --> 05:39.000]  we must first get past the misconceptions taught by our schools, public officials, and the media.
[05:39.000 --> 05:44.000]  I'm having a little trouble with my technology here.
[05:44.000 --> 05:47.000]  All cases are civil.
[05:47.000 --> 05:50.000]  We've heard that from the legal community.
[05:50.000 --> 05:55.000]  We have people come on and say all cases are civil.
[05:55.000 --> 05:58.000]  And that's what the federal law says.
[05:58.000 --> 06:00.000]  But that's deceptive.
[06:00.000 --> 06:03.000]  Criminal law is a subset of civil law.
[06:03.000 --> 06:07.000]  So you could say from that perspective that all law is civil.
[06:07.000 --> 06:12.000]  The problem is there's nothing civil about the legal process.
[06:12.000 --> 06:15.000]  Yes, I'm playing with words here.
[06:15.000 --> 06:22.000]  But at the end of the day, in the courtroom, it's all about wordplay.
[06:22.000 --> 06:28.000]  In court, they play by a different set of rules, and there is nothing civil about it.
[06:28.000 --> 06:43.000]  The legal system is specifically, excuse me, I'm having a little trouble with my technology running off the screen.
[06:43.000 --> 06:54.000]  Okay, the legal system is specifically designed, is a specifically designed, defined, okay, back up, start again.
[06:54.000 --> 06:59.000]  The legal system is a specifically defined subset of civil society,
[06:59.000 --> 07:05.000]  because much of what goes on there closely resembles normal social behavior.
[07:05.000 --> 07:11.000]  The uninitiated may naively believe they understand how it functions.
[07:11.000 --> 07:24.000]  By the following, we will attempt to present a set of guidelines that will help you understand the subtle differences between the legal system and ordinary life.
[07:24.000 --> 07:35.000]  While you have a right to defend yourself in court, unless you are very knowledgeable in legal matters, that is a bad idea.
[07:35.000 --> 07:43.000]  It's a bad idea because the law and the courts do not work the way the layperson tends to believe it does.
[07:43.000 --> 07:55.000]  Unlike the civil arena, law is very structured, and if you don't understand the structure, you're at an unreasonable disadvantage.
[07:55.000 --> 08:01.000]  Here we will demonstrate a structured way of thinking about the adjudication of cases.
[08:01.000 --> 08:08.000]  You can read and memorize the law, but if you don't understand the adjudication of cases, you don't have a chance.
[08:08.000 --> 08:12.000]  We're not just talking about the statutes, rules, and regulations here.
[08:12.000 --> 08:17.000]  We're talking about how things really work in the real world we live in.
[08:17.000 --> 08:31.000]  In order to understand how law really works, first we need to dispel some commonly held notions that are simply not true.
[08:31.000 --> 08:38.000]  The first one is that the Constitution grants me certain inalienable rights.
[08:38.000 --> 08:43.000]  The Constitution does no such thing.
[08:43.000 --> 08:47.000]  I've lost my place again.
[08:47.000 --> 08:49.000]  The Constitution does no such thing.
[08:49.000 --> 09:01.000]  You as a citizen in this democratic republic known as the United States may do anything the law does not specifically forbid you to do.
[09:01.000 --> 09:11.000]  This is an absolutely critical consideration if you're to understand your place in the overall scheme of political things in these United States.
[09:11.000 --> 09:19.000]  Judges, prosecutors, clerics, bailiffs, and every other person employed by the government are public servants.
[09:19.000 --> 09:31.000]  You and every other person in this country when considered in the capacity of citizen of this republic are the masters of those servants.
[09:31.000 --> 09:35.000]  It is irresponsible of you to consider yourself otherwise.
[09:35.000 --> 09:55.000]  A public employee when acting in the capacity of a public servant is generally granted certain duties and privileges by the Constitution and the rules and regulations concerning their specific function.
[09:55.000 --> 10:01.000]  They may do what they are specifically authorized to do.
[10:01.000 --> 10:13.000]  All employment each enters into an employment contract with their masters in the form of an oath of office and are bound thereby both civilly and in certain cases criminally.
[10:13.000 --> 10:28.000]  The Constitution does not grant any rights.
[10:28.000 --> 10:33.000]  The Constitution does not apply to you at least not directly.
[10:33.000 --> 10:54.000]  The Constitution is a restrictive document in that as to certain specifically enumerated rights the Constitution forbids public officials from denying any citizen in those rights in particular.
[10:54.000 --> 11:07.000]  The Constitution can be misleading in that some people accept as an unstated presupposition that any right not enumerated in the Constitution is reserved and not available to the public.
[11:07.000 --> 11:19.000]  No one will ever say it and your officials do everything they can to encourage you and everyone else to accept it.
[11:19.000 --> 11:29.000]  But the consideration that rights are restricted to enumeration is simply wrong.
[11:29.000 --> 11:53.000]  You in your capacity as a citizen in this Democratic Republic may do anything you want to within the dictates of your conscience and the specific restrictions placed on free will by the statutes, rules and regulations promulgated by the citizenry as a whole through the legislature.
[11:53.000 --> 12:00.000]  You may do anything you are not specifically forbidden to do when you deal with your government.
[12:00.000 --> 12:10.000]  It's of critical importance that you always remember public office employees are servants of the people and you are the master.
[12:10.000 --> 12:29.000]  You are the master not the people as a whole but you as an individual as the master it is your duty to ensure that your public servants always act within the scope of their contractual obligations to you and every other citizen.
[12:29.000 --> 12:34.000]  We are the keepers of the law for your fellow citizens.
[12:34.000 --> 12:40.000]  That's the first I'm going to show you just a second.
[12:40.000 --> 12:46.000]  So the next one I'm going to go to is the system is fair.
[12:46.000 --> 12:49.000]  The system is not fair.
[12:49.000 --> 12:52.000]  The system is not designed to be fair.
[12:52.000 --> 12:58.000]  The problem is that people naively hold an expectation of fairness when dealing with the government.
[12:58.000 --> 13:04.000]  The legal system was not designed to be fair. It's designed to be consistent.
[13:04.000 --> 13:14.000]  If you expect a judge, police officer or anyone else involved in the legal system to be fair you're destined to be disappointed.
[13:14.000 --> 13:20.000]  In the first place both fairness and the right of things are individually subjective.
[13:20.000 --> 13:26.000]  People tend to judge justice through the lens of their own personal preferences and prerogatives.
[13:26.000 --> 13:36.000]  Where the law limits a person in the exercise of free will that person will tend to feel unduly or unfairly mistreated.
[13:36.000 --> 13:50.000]  Each person who comes to the system comes with an individual set of expectations they express on the system as the parameters of their own individual consideration of fairness.
[13:50.000 --> 14:04.000]  I suggest that you stop expecting the judge to be fair and start demanding the adjudication of law be consistent, consistent with the rule of law.
[14:04.000 --> 14:10.000]  When a judge does his or her job well often no one will be happy.
[14:10.000 --> 14:17.000]  Each litigant will feel he or she came away with less than was expected.
[14:17.000 --> 14:26.000]  While a judge may be personally concerned with fairness he or she has no authority to rule based on those personal considerations.
[14:26.000 --> 14:35.000]  The judge must rule on the law as it applies to the facts without regard to his personal perception of fairness.
[14:35.000 --> 14:42.000]  The executive and judicial branches were not designed to be fair. They were designed to be consistent.
[14:42.000 --> 14:51.000]  And therefore our legislature designed the corpus juris, the body of law, to promote fairness.
[14:51.000 --> 15:02.000]  When the policing courts start replacing the law with their individual perspectives on justice and fair play we start down a slippery and arbitrary slope.
[15:02.000 --> 15:13.000]  What you can and should expect is that when properly adjudicated the law will produce a fair and just result. If it does not then we need to change the law,
[15:13.000 --> 15:21.000]  not trust the individual actors to juxtapose their conceptions of fairness on the right of things onto the law.
[15:21.000 --> 15:28.000]  So be careful what you ask for. Do not ask your public officials to be fair.
[15:28.000 --> 15:36.000]  Demand they perform their duties according to the law and trust the law to produce a fair result.
[15:36.000 --> 15:47.000]  Let me check my time. Okay, I've got one minute left. I don't have time in this segment to do, they don't speak English in court.
[15:47.000 --> 15:53.000]  I'll give you a quick start. We've got about a minute left. English is not spoken in court.
[15:53.000 --> 15:59.000]  What is spoken in court is a highly specialized English dialect called legalese.
[15:59.000 --> 16:08.000]  Judges, lawyers, police officers and other public officials use terms familiar to most everyone and we think we are speaking the same language.
[16:08.000 --> 16:15.000]  The similarities are seductive to the uninitiated. Official use terms we all know and recognize.
[16:15.000 --> 16:24.000]  What we often do not realize is when a lawyer or a police officer use many of these seemingly everyday terms,
[16:24.000 --> 16:31.000]  they use them in a special context and intend meanings specific to the legal context.
[16:31.000 --> 16:37.000]  Often ordinary sounding terms actually have a highly specialized meaning.
[16:37.000 --> 16:47.000]  The difference between the meanings the public commonly holds for many terms
[16:47.000 --> 16:56.000]  and the meanings intended by those operating in the legal arena tends to create what we call complex equivalences.
[16:56.000 --> 17:10.000]  The address complex equivalent may be related.
[17:27.000 --> 17:34.000]  I click control, shift, delete and then scroll down to cookies and clear them.
[17:34.000 --> 17:42.000]  Now I go to logosradio.network.com and I click on the Amazon box on the upper right hand side, bookmark the link
[17:42.000 --> 17:48.000]  and I can go to Amazon through this link and order you some yummy new cookies.
[17:48.000 --> 17:51.000]  Consider it an early Christmas present.
[17:51.000 --> 17:57.000]  And every time I order on Amazon, I go through this link and I give a little present to this radio network too.
[17:57.000 --> 18:00.000]  C is for cookie. C is for classified.
[18:00.000 --> 18:05.000]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[18:21.000 --> 18:25.000]  What to do when contacted by phone, mail or court summons.
[18:25.000 --> 18:27.000]  How to answer letters and phone calls.
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[18:41.000 --> 18:49.000]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner or email michaelmears at yahoo.com.
[18:49.000 --> 19:00.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[19:00.000 --> 19:23.000]  You are listening to the Logos Radio Network, logosradio.com.
[19:23.000 --> 19:33.000]  Okay, we are back. Randy Kelton, Rule of Law Radio on this Friday, the fourth day of November 2016.
[19:33.000 --> 19:39.000]  And I'm reading the introduction to the first chapter of an e-book.
[19:39.000 --> 19:48.000]  And if I'm stumbling and it sounds a little clunky, it's because when you write stuff, you write it in your head.
[19:48.000 --> 19:52.000]  And you've got this notion of how it sounds in your head.
[19:52.000 --> 19:58.000]  And if you don't read it out loud, then you don't really understand what it sounds like.
[19:58.000 --> 20:02.000]  And I have been over this several times, but I haven't read it out loud.
[20:02.000 --> 20:15.000]  So what I'm doing right now is as much for me to correct some of my clunky verbiage as it is to take you through some of these basic issues.
[20:15.000 --> 20:23.000]  And it came out when I fell off the cliff there. I was talking about how English is not spoken in court.
[20:23.000 --> 20:28.000]  And I've written up a motion to this purpose.
[20:28.000 --> 20:33.000]  And the motion will demand that English be used in court.
[20:33.000 --> 20:37.000]  As much as the law restricts the court to the use of English,
[20:37.000 --> 20:48.000]  movement objects to the use of terms which have a specialized meaning different from the meaning of the term as commonly used by the general English speaking public.
[20:48.000 --> 21:01.000]  Movement requests to the court in order stipulating that all terms used in this proceeding and all subsequent proceedings shall have the meaning consistent with the common usage by the general public,
[21:01.000 --> 21:08.000]  unless a specialized meaning is designated at the time of use or in the alternative.
[21:08.000 --> 21:21.000]  If at any time a particular a participant uses a term of art or a specialized meaning is intended that the term shall be specifically defined at the time of its use.
[21:21.000 --> 21:31.000]  Otherwise, the court and all other participants shall construe the term to have the common meaning as understood by the general public.
[21:31.000 --> 21:36.000]  This is a bigger problem than most people realize.
[21:36.000 --> 21:50.000]  So I will be producing this motion in a standard motion format and try to get it set up in a PDF where you can just fill in the blanks, hit the button and it'll download it.
[21:50.000 --> 22:10.000]  When I produce the e-book, I am working on two different presentation styles and both of them will be online and interactive.
[22:10.000 --> 22:21.000]  Deborah's want me to produce it in an interactive PDF and I may be able to do that, but however I produce it, it needs to be interactive.
[22:21.000 --> 22:36.000]  Those of you who've listened to the show for a while know that I've been working for a long time on essentially a new way of thinking about how to present complex information.
[22:36.000 --> 22:48.000]  This e-book will be a prototype of this new way of presenting information, especially in electronic media.
[22:48.000 --> 23:06.000]  Most of what we see is an extension of a thousand years of writing and using hard copy to make information available to people.
[23:06.000 --> 23:21.000]  The electronic presentation gives us options that are not available in these old styles and I'm struggling to try to upgrade to a new technology.
[23:21.000 --> 23:37.000]  As I go through this, bear with me a bit if I stumble somewhat because a lot of times as I'm reading this to you, I'm changing the wording as I go where I'm able to make it sound more fluid.
[23:37.000 --> 23:44.000]  Sometimes I can't, there were sections in there that were pretty redundant that I stumbled over reading it.
[23:44.000 --> 23:55.000]  Anyway, I'll go through it. I want to get you an idea. We'll at least go through the rest of these fallacies that we have about law.
[23:55.000 --> 24:09.000]  While I'm talking, I do have the phone lines open. If anybody has a question or a comment, we will go to the phones as soon as the phone board starts to fill up.
[24:09.000 --> 24:20.000]  If you have a question or comment, give us a call. Our call in number 512-646-1984. We'll have them open all night.
[24:20.000 --> 24:29.000]  Now I'm going to go to the false perception that you will win your case if you have the law and the facts on your side.
[24:29.000 --> 24:53.000]  This is a really difficult issue for most people to wrap their head around. It's easy to say that, but when you get in the trenches and you start writing your pleadings and working out your issues and presentations,
[24:53.000 --> 25:03.000]  you develop this expectation that if you get this right, you will win your case.
[25:03.000 --> 25:14.000]  Well, it is not that way now, and it never has been that way since we have had courts.
[25:14.000 --> 25:28.000]  Now I'm going to go. I was just talking then, so I'm going to go back to reading the e-book. Okay. You will never win your case simply because you have the law and the facts on your side.
[25:28.000 --> 25:36.000]  You should not be surprised by this. The courts are corrupt. They have always been corrupt, and they always will be corrupt.
[25:36.000 --> 25:48.000]  So long as human beings are human beings and we want advantage in their favor, the courts will always be corrupt.
[25:48.000 --> 25:54.000]  Lawyers very quickly learn that they will never win their case simply because they have the law and the facts on their sides.
[25:54.000 --> 26:04.000]  Things don't work that way in the real world you and I live in. Lawyers quickly learn how everything is political and all politics is local.
[26:04.000 --> 26:13.000]  This bears repeating. You can never expect to win your case simply because you have the law and the facts on your side.
[26:13.000 --> 26:21.000]  You will win your case if you have the politics on your side. This does not mean you cannot win your case.
[26:21.000 --> 26:30.000]  It only means you cannot necessarily win your case in the way the popular media has given you the impression you can.
[26:30.000 --> 26:41.000]  Lawyers know this, but they will never tell you. They want you to think they are perimation, that is, until they get your retainer billed out.
[26:41.000 --> 26:46.000]  After that, they will start introducing you to the realities of the world we live in.
[26:46.000 --> 26:59.000]  We will address this further elsewhere about the lawyer's real purpose is to get your retainer. It's not necessarily to win your case.
[26:59.000 --> 27:12.000]  Everything is political and all politics is local. Lawyers understand this and set about in their practice of law positioning themselves so that they have political advantage.
[27:12.000 --> 27:24.000]  If that means they have to kiss some arrogant judges behind, that is what they will do in order to be able to continue to adjudicate cases and not get sanctioned or lose their bar cards.
[27:24.000 --> 27:40.000]  This also means you cannot expect a lawyer to vigorously adjudicate your case if in doing so, he or she runs the risk of incurring the annoyance of the judge.
[27:40.000 --> 27:49.000]  Open, okay. Everything is political. Like it or not, the practice of law is all about relationships.
[27:49.000 --> 27:57.000]  The practitioners of the practice of law are all part of a fraternity of sorts.
[27:57.000 --> 28:04.000]  Lawyers get out of law school knowing a lot about law, but little about the practice of law.
[28:04.000 --> 28:13.000]  Mostly, they hope to get picked up by the law firm so that they can learn the ins and outs and the realities of the actual practice.
[28:13.000 --> 28:31.000]  They learn how to file motions, how to get motions put on for hearing, and how to appeal to the good graces of each particular judge, how to secure clients, how to talk to clients, what to tell the client and what not to tell them and on and on.
[28:31.000 --> 28:37.000]  One of the first things they learn is that there is a hierarchy in there at the bottom.
[28:37.000 --> 28:45.000]  Judges tend to act as mentors toward up-and-coming lawyers. They teach them what is acceptable and what is not.
[28:45.000 --> 28:51.000]  We're not speaking to what is legal, but rather how the judges want things done.
[28:51.000 --> 28:56.000]  Now, this may not be right, but it is how things actually work.
[28:56.000 --> 29:03.000]  So, when you next go to court, look around and pay attention to how the judges and lawyers interact with one another.
[29:03.000 --> 29:13.000]  While the judicial process is structured as an adversarial process, the professional actors are not adversaries.
[29:13.000 --> 29:21.000]  They are members of a close-knit society of law practitioners.
[29:21.000 --> 29:28.000]  Now, everything is political, but all politics is local.
[29:28.000 --> 29:37.000]  The preceding should explain this section. All politics is local, as the practice of law is a local affair.
[29:37.000 --> 29:44.000]  All the politics is about relationships of the parties involved. The judges and the lawyers do this every day.
[29:44.000 --> 29:52.000]  They see the same faces in the same courts over and over and get to know one another, and this is not a problem.
[29:52.000 --> 30:02.000]  If the lawyers and judges know one another and consider themselves about to fall over the cliff, hang on here.
[30:02.000 --> 30:13.000]  Trash trucks across California are rumbling down city streets using clean fuel made from a dirty source, garbage, brilliant innovation, or feel-good environmental lunacy.
[30:13.000 --> 30:17.000]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment with more.
[30:17.000 --> 30:22.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
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[30:32.000 --> 30:35.000]  Privacy, it's worth hanging on to.
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[30:51.000 --> 30:56.000]  It's a renewable resource that can be produced from landfills like the one in Altamont, California.
[30:56.000 --> 31:04.000]  There, the gas from decaying garbage gets sucked into tubes and sent to a facility to be converted into liquified natural gas.
[31:04.000 --> 31:09.000]  The 13,000 gallons produced each day are then used to fuel garbage trucks.
[31:09.000 --> 31:16.000]  Let's note that liquefying and transporting LNG takes a lot of energy in itself, which reduces the overall environmental benefit,
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[31:25.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[33:03.000 --> 33:10.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:10.000 --> 33:27.000]  Okay, we are back. Randy Kelcom, Rule of Law Radio, and we're reading from our e-book.
[33:27.000 --> 33:33.000]  I will finish up this one little section, and then we'll go to calls.
[33:33.000 --> 33:37.000]  Currently I didn't have the call board on. I turned it on and it's filled up already.
[33:37.000 --> 33:42.000]  So I only have a little bit more, and then I'll drop out of this and we'll go to callers.
[33:42.000 --> 33:47.000]  Okay, I'm talking about all politics is local.
[33:47.000 --> 33:56.000]  And when we were going out, we were speaking to how all lawyers and judges know one another
[33:56.000 --> 34:01.000]  and considers themselves part of a larger fraternity of legal professionals.
[34:01.000 --> 34:05.000]  And that often facilitates the adjudication of cases.
[34:05.000 --> 34:12.000]  With that said, these same relationships can often hinder the fair adjudication of your case.
[34:12.000 --> 34:16.000]  If in order to adequately adjudicate your case,
[34:16.000 --> 34:21.000]  the lawyer has to raise an issue concerning what appears to be improper behavior
[34:21.000 --> 34:26.000]  on the part of the judge or the opposing counsel.
[34:26.000 --> 34:31.000]  The lawyer can very quickly find himself in an ethical quandary.
[34:31.000 --> 34:36.000]  Does the lawyer risk his professional associations
[34:36.000 --> 34:42.000]  in order to facilitate the effective adjudication of your case?
[34:42.000 --> 34:47.000]  Does the lawyer risk wrinkling the judge so that the next time the lawyer brings a client
[34:47.000 --> 34:52.000]  where the resolution will depend on the judge's discretion,
[34:52.000 --> 34:56.000]  the judge is likely to rule against his next client?
[34:56.000 --> 34:59.000]  Would that be fair to the next client?
[34:59.000 --> 35:04.000]  So the lawyers are put in a difficult position.
[35:04.000 --> 35:15.000]  Once we understand that, then we can better understand how to manipulate those relationships.
[35:15.000 --> 35:20.000]  And the last thing I'm going to speak to here is a four-sided chessboard.
[35:20.000 --> 35:28.000]  You can think of the relationships in court as a four-sided chessboard.
[35:28.000 --> 35:31.000]  When you go into court, you sit down at the table.
[35:31.000 --> 35:34.000]  To your right is your counsel.
[35:34.000 --> 35:39.000]  To your left is opposing counsel, and across from you is the judge.
[35:39.000 --> 35:47.000]  Now, we call this a four-sided chessboard because nobody's on your side.
[35:47.000 --> 35:49.000]  Nobody's on anybody's side.
[35:49.000 --> 35:56.000]  But everybody has relationships, and four-sided chess is all about relationships.
[35:56.000 --> 36:01.000]  If you ever play four-sided chess, generally you'll have two sets of players
[36:01.000 --> 36:06.000]  ganging up on the other two sets of players until you can get those guys out,
[36:06.000 --> 36:10.000]  and then these two, they take on each other.
[36:10.000 --> 36:17.000]  Well, when you sit down in court, you have a relationship with your lawyer.
[36:17.000 --> 36:24.000]  Your lawyer has a relationship to opposing counsel and a relationship with the judge.
[36:24.000 --> 36:31.000]  Opposing counsel has a relationship with your lawyer and the judge.
[36:31.000 --> 36:34.000]  You're the odd one out.
[36:34.000 --> 36:38.000]  You only have a relationship with your lawyer.
[36:38.000 --> 36:46.000]  If you are to win your case, you have to understand the politics,
[36:46.000 --> 36:51.000]  and you have to be able to manipulate the politics to your advantage.
[36:51.000 --> 36:56.000]  Fortunately, that's not as hard as it may seem.
[36:56.000 --> 37:02.000]  And in another section, we'll talk about how the lawyers,
[37:02.000 --> 37:09.000]  by creating state bar associations ran by lawyers,
[37:09.000 --> 37:16.000]  have created a horrible mess for themselves that you can use in order to manipulate
[37:16.000 --> 37:23.000]  these politics so that you actually have a chance of winning your case in court.
[37:23.000 --> 37:29.000]  The last fallacy in our list is your lawyer is on your side.
[37:29.000 --> 37:36.000]  And I'm not going to go to that today, but suffice it to say the lawyer is not on your side.
[37:36.000 --> 37:39.000]  The lawyer is on the lawyer's side.
[37:39.000 --> 37:43.000]  But understanding the politics the lawyer has to deal with
[37:43.000 --> 37:48.000]  will make that not quite such a problem as it could be.
[37:48.000 --> 37:53.000]  Okay. Enough on the e-book for one day.
[37:53.000 --> 37:57.000]  Now we're going to go to the call boards.
[37:57.000 --> 38:00.000]  We're going to start with Carolyn in California.
[38:00.000 --> 38:04.000]  Hello, Ms. Carolyn. What do you have for us today?
[38:04.000 --> 38:09.000]  Hi there, Randy. Thank you for taking my call. I really appreciate it.
[38:09.000 --> 38:13.000]  You are most welcome.
[38:13.000 --> 38:19.000]  My question is about my husband and I.
[38:19.000 --> 38:25.000]  We live in an apartment for the last four years and we were just served notice
[38:25.000 --> 38:33.000]  of rental increase via Section 8 that our rent is going up 144 percent
[38:33.000 --> 38:38.000]  and that we have less than 60 days to pay the new rent.
[38:38.000 --> 38:44.000]  However, I understand that according to California Civil Code 827,
[38:44.000 --> 38:48.000]  if a landlord raises rent in excess of 10 percent,
[38:48.000 --> 38:52.000]  they are meant to give a tenant 60 days notice,
[38:52.000 --> 38:59.000]  or 65 in the case of being mailed, of the new rent being due.
[38:59.000 --> 39:06.000]  But we were not given 60 days of the notice of the new rental increase.
[39:06.000 --> 39:11.000]  We were only given technically 36 days.
[39:11.000 --> 39:24.000]  So I want to know how to dispute the notice on grounds that it violates Section 827.
[39:24.000 --> 39:32.000]  Okay. Let me start by saying this goes specifically to California Code
[39:32.000 --> 39:38.000]  concerning renters and since I'm from Texas, it's a specific area of law
[39:38.000 --> 39:41.000]  of which I cannot speak to with authority.
[39:41.000 --> 39:47.000]  So the first question I would ask is, in the code,
[39:47.000 --> 39:54.000]  it has a specific restriction on the landlord.
[39:54.000 --> 39:55.000]  Correct.
[39:55.000 --> 40:05.000]  In the code, there should be a specified remedy for a violation of the code.
[40:05.000 --> 40:06.000]  Okay.
[40:06.000 --> 40:09.000]  Sometimes with a statute of this nature,
[40:09.000 --> 40:15.000]  at the end of the statute it will stipulate the remedy.
[40:15.000 --> 40:16.000]  Okay.
[40:16.000 --> 40:19.000]  You might read all the way down through the whole statute.
[40:19.000 --> 40:23.000]  If it's not in this statute, then look at the chapter.
[40:23.000 --> 40:25.000]  Go to the end of the chapter.
[40:25.000 --> 40:30.000]  Generally right at the end it will say it will stipulate what your remedy is
[40:30.000 --> 40:34.000]  if there is a violation of this section.
[40:34.000 --> 40:35.000]  Okay.
[40:35.000 --> 40:41.000]  Okay. With that said, this is a contract after all.
[40:41.000 --> 40:42.000]  Okay.
[40:42.000 --> 40:47.000]  And I'm relatively certain that your contract, like most contracts,
[40:47.000 --> 40:51.000]  will have a governing law and severability clause.
[40:51.000 --> 40:56.000]  And what the governing law and severability clause says is
[40:56.000 --> 41:02.000]  that both parties agree to abide by all standing law.
[41:02.000 --> 41:09.000]  And that if any section of this contract is shown to be in violation of any law,
[41:09.000 --> 41:12.000]  this section will be severed
[41:12.000 --> 41:17.000]  and will not affect the validity of the remainder of the contract.
[41:17.000 --> 41:18.000]  Okay.
[41:18.000 --> 41:21.000]  Standing law and severability.
[41:21.000 --> 41:28.000]  So aside from a remedy that may be provided by the statute, by the legislature,
[41:28.000 --> 41:33.000]  you have a statute of breach of contract.
[41:33.000 --> 41:38.000]  These guys agreed to abide by law and law required them to do a certain thing.
[41:38.000 --> 41:42.000]  Now look at your rental agreement
[41:42.000 --> 41:53.000]  and what remedies do you have in the rental agreement for a breach of contract by the landlord.
[41:53.000 --> 42:01.000]  Okay. With that said, the next step is, the logical reasonable step,
[42:01.000 --> 42:10.000]  is to give the landlord notice that they did not timely notice you
[42:10.000 --> 42:17.000]  of the rental increase and you had a statutory right to a 60-day notice.
[42:17.000 --> 42:26.000]  Therefore, the landlord may not raise the rent prior to giving a 60-day notice.
[42:26.000 --> 42:27.000]  Okay.
[42:27.000 --> 42:35.000]  And then you offer to move the start date of the new rental amount
[42:35.000 --> 42:40.000]  to the point to where you would have had 60-day notice. Does that make sense?
[42:40.000 --> 42:46.000]  Yes. I did put in the previous rate of rent with a check,
[42:46.000 --> 42:51.000]  with a note saying pursuant to California Civil Code Section 827,
[42:51.000 --> 42:54.000]  a landlord is meant to give us 60 days.
[42:54.000 --> 42:59.000]  And as of today, I've not actually heard anything from the landlord directly.
[42:59.000 --> 43:02.000]  I've heard only from Section 8.
[43:02.000 --> 43:06.000]  So I'm putting in the previous amount.
[43:06.000 --> 43:10.000]  Okay. If you are in Section 8 housing,
[43:10.000 --> 43:19.000]  then the landlord is bound by certain governmental restrictions.
[43:19.000 --> 43:25.000]  By your citing the code to the landlord,
[43:25.000 --> 43:32.000]  most likely he will accept that and not try to poke despair.
[43:32.000 --> 43:37.000]  The last thing he's going to want to do is have his Section 8 funding
[43:37.000 --> 43:41.000]  jeopardized by a complaint from a renter.
[43:41.000 --> 43:44.000]  Hang on, Dr. Berta Gregg, Randy Kelton,
[43:44.000 --> 43:49.000]  and the rule of our radio, our call-in number, 512-646-1984.
[43:49.000 --> 43:52.000]  Call boards are open. We'll have them open all night.
[43:52.000 --> 43:55.000]  We didn't have one inch to slide on the call boards,
[43:55.000 --> 43:58.000]  so if you have a question or comment, give us a call.
[43:58.000 --> 44:02.000]  Get in line. The board will only hold 40.
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[44:50.000 --> 45:01.000]  Music.
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[46:01.000 --> 46:29.000]  Music.
[46:29.000 --> 46:31.000]  Okay, we are back.
[46:31.000 --> 46:35.000]  Randy Kelson, Rule of Law Radio, and we're talking to Carolyn in California.
[46:35.000 --> 46:39.000]  Did that pretty well answer your question, Carolyn?
[46:39.000 --> 46:42.000]  That was the start of answering the question.
[46:42.000 --> 46:48.000]  I did put in the notice with the check, so they've already poked the bear, as you said.
[46:48.000 --> 46:52.000]  I received a text message, which I know is in exactly applicable in court,
[46:52.000 --> 46:57.000]  saying if you don't pay it by 5 p.m., you're going to get a late fee,
[46:57.000 --> 47:03.000]  and we're going to start with a three-day eviction notice on your door.
[47:03.000 --> 47:08.000]  What I'm looking for ultimately is injunctive relief for the process.
[47:08.000 --> 47:16.000]  Can you speak to what one would do in this situation to receive injunctive relief?
[47:16.000 --> 47:31.000]  Okay, first, the area of California government that writes the checks for Section 8 housing.
[47:31.000 --> 47:32.000]  Okay.
[47:32.000 --> 47:35.000]  That would be the first place to go to.
[47:35.000 --> 47:36.000]  Okay.
[47:36.000 --> 47:40.000]  And petition them to restrain the landlord.
[47:40.000 --> 47:43.000]  Petition them to restrain?
[47:43.000 --> 47:50.000]  Yeah, they most certainly have a way of controlling the people they pay money to.
[47:50.000 --> 47:52.000]  They have a lot of influence over them.
[47:52.000 --> 47:56.000]  So you could file a complaint with these guys,
[47:56.000 --> 48:01.000]  and don't worry about these guys starting eviction proceedings.
[48:01.000 --> 48:07.000]  You've got more stuff to beat these guys up with than they can ever get around.
[48:07.000 --> 48:14.000]  This is all huffing and puffing, especially when they're not within the rules.
[48:14.000 --> 48:19.000]  So what you might do is send them a tort letter.
[48:19.000 --> 48:24.000]  Tort letter to the landlord directly or?
[48:24.000 --> 48:25.000]  Yeah.
[48:25.000 --> 48:33.000]  You send a written, well, probably the primary goal here is not to beat up the landlord,
[48:33.000 --> 48:37.000]  but to get the landlord to come back in compliance.
[48:37.000 --> 48:39.000]  Okay.
[48:39.000 --> 48:46.000]  Make up a complaint letter to the Section 8 people in California.
[48:46.000 --> 48:47.000]  Okay.
[48:47.000 --> 48:55.000]  And lay out what the problem is, and then send a courtesy copy to the landlord
[48:55.000 --> 48:58.000]  so that the landlord knows what the complaint is
[48:58.000 --> 49:09.000]  and has opportunity to either explain his position or back off from his position.
[49:09.000 --> 49:10.000]  Okay.
[49:10.000 --> 49:13.000]  We show people how to beat up public officials,
[49:13.000 --> 49:16.000]  and we like to go after them and work them over really good.
[49:16.000 --> 49:22.000]  But in this case, the purpose is not to beat these guys up,
[49:22.000 --> 49:25.000]  but to resolve this amiably.
[49:25.000 --> 49:29.000]  Right, correct.
[49:29.000 --> 49:36.000]  So the next step is to write a complete agency account check?
[49:36.000 --> 49:38.000]  Yes, exactly.
[49:38.000 --> 49:41.000]  And then at that point?
[49:41.000 --> 49:47.000]  They are the ones that will get this guy's, this landlord's attention big time.
[49:47.000 --> 49:48.000]  Okay.
[49:48.000 --> 49:57.000]  And keep in mind, you are the master of your public service.
[49:57.000 --> 49:58.000]  Okay.
[49:58.000 --> 50:04.000]  So when you go to a public agency, you don't go mess around down here at the bottom.
[50:04.000 --> 50:05.000]  Right.
[50:05.000 --> 50:11.000]  That's for other public officials, and that's for someone who's contracted with the agency.
[50:11.000 --> 50:13.000]  You're the master.
[50:13.000 --> 50:16.000]  You go to the head director of the agency.
[50:16.000 --> 50:17.000]  Okay.
[50:17.000 --> 50:22.000]  Find out who that is and send your complaint straight to the director.
[50:22.000 --> 50:26.000]  And the director will get it, and now the director will hand it to the person below them
[50:26.000 --> 50:29.000]  and say, I got this, and this should have went somewhere else.
[50:29.000 --> 50:32.000]  And then this person will say, take that and take it to the next person and say,
[50:32.000 --> 50:35.000]  this was sent to the director.
[50:35.000 --> 50:37.000]  You need to get this where it belongs.
[50:37.000 --> 50:45.000]  So it's going to come to the person who should handle this by way of the director.
[50:45.000 --> 50:46.000]  This is all politics.
[50:46.000 --> 50:51.000]  So it tells this person that the director is aware of what's going on here.
[50:51.000 --> 50:54.000]  So watch your step.
[50:54.000 --> 50:55.000]  Tell me.
[50:55.000 --> 50:57.000]  It's all politics.
[50:57.000 --> 51:00.000]  Yes.
[51:00.000 --> 51:02.000]  So that would be my next step.
[51:02.000 --> 51:06.000]  Let's find the director of the agency and write him this complaint letter.
[51:06.000 --> 51:12.000]  It's almost certainly this person has other properties rented out.
[51:12.000 --> 51:17.000]  So yours is not the only check to collect.
[51:17.000 --> 51:18.000]  Right.
[51:18.000 --> 51:27.000]  And this person is not going to want you jeopardizing a larger funding source.
[51:27.000 --> 51:29.000]  Okay.
[51:29.000 --> 51:33.000]  So does that pretty well answer your question?
[51:33.000 --> 51:34.000]  I think so.
[51:34.000 --> 51:37.000]  And now the tort letter to the landlord.
[51:37.000 --> 51:38.000]  Okay.
[51:38.000 --> 51:41.000]  The tort letter would be the next thing.
[51:41.000 --> 51:42.000]  Okay.
[51:42.000 --> 51:50.000]  If the letter to the director doesn't get done and if they continue to harass you,
[51:50.000 --> 51:53.000]  then you send them a notice of tort.
[51:53.000 --> 52:00.000]  The courts do not want you using the courts as a remedy of first resort,
[52:00.000 --> 52:04.000]  but rather as a remedy of last resort.
[52:04.000 --> 52:13.000]  The courts want you to exercise administrative remedy in order to settle a dispute.
[52:13.000 --> 52:14.000]  Okay.
[52:14.000 --> 52:25.000]  The administrative remedy they are referring to is notice and opportunity.
[52:25.000 --> 52:36.000]  Under the commercial code, if someone harms you, you need to give them notice and opportunity to cure.
[52:36.000 --> 52:38.000]  And that's what a tort letter is.
[52:38.000 --> 52:41.000]  You send them notice, you have harmed me.
[52:41.000 --> 52:47.000]  You have sent what in the uniform commercial code is called a presentment.
[52:47.000 --> 52:53.000]  A presentment is a demand for payment in U.S. dollars.
[52:53.000 --> 53:00.000]  You sent me this presentment and this presentment is in violation of my contract with you.
[53:00.000 --> 53:05.000]  And because you sent me this presentment, you gave me heartburn.
[53:05.000 --> 53:10.000]  And I had to go out and buy heartburn medicine and I'm emotionally distressed
[53:10.000 --> 53:16.000]  and you caused me all of this extreme emotional distress.
[53:16.000 --> 53:17.000]  Okay.
[53:17.000 --> 53:23.000]  Make me whole in this amount or be sued.
[53:23.000 --> 53:29.000]  That's notice and opportunity to cure.
[53:29.000 --> 53:38.000]  Tell them you've been harmed, how much you've been harmed, and grant them 30 days to cure the harm.
[53:38.000 --> 53:43.000]  In this case, you really don't have to claim a harm.
[53:43.000 --> 53:51.000]  You can say you have demanded funds to which you have no statutory right.
[53:51.000 --> 53:52.000]  Okay.
[53:52.000 --> 53:58.000]  Please cease and desist and accept my payment of the proper amount.
[53:58.000 --> 54:02.000]  And that's the cure or be sued.
[54:02.000 --> 54:09.000]  When they get this letter, they will look at it and will recognize what it is and it will go right to their lawyers.
[54:09.000 --> 54:11.000]  Okay.
[54:11.000 --> 54:16.000]  Now they'll have the lawyers looking over their shoulder and that will most likely fix it.
[54:16.000 --> 54:20.000]  If it doesn't, you file suit in small claims court.
[54:20.000 --> 54:21.000]  Okay.
[54:21.000 --> 54:26.000]  It costs about 60 bucks to file suit in a small claims court.
[54:26.000 --> 54:27.000]  Okay.
[54:27.000 --> 54:37.000]  And then you can claim damages and harm and most likely they're not going to want to go into a small claims court over a minor amount.
[54:37.000 --> 54:38.000]  Got it.
[54:38.000 --> 54:44.000]  And also let them know not to mess with you because you'll kick them in their teeth if they do.
[54:44.000 --> 54:46.000]  Absolutely.
[54:46.000 --> 54:54.000]  So I should allow them to go ahead and put the three-day notice on my door, which is proof of harm and distress and such,
[54:54.000 --> 55:02.000]  and then address that in the petition to the Section 8 and to the tort letter to them if that's necessary.
[55:02.000 --> 55:03.000]  Is that correct?
[55:03.000 --> 55:04.000]  Yes.
[55:04.000 --> 55:14.000]  If they put a three-day notice, that might be a time to look to a small claims court.
[55:14.000 --> 55:15.000]  Okay.
[55:15.000 --> 55:20.000]  You might go to a small claims court and petition for a restraining order.
[55:20.000 --> 55:23.000]  Petition for a restraining order.
[55:23.000 --> 55:24.000]  Let me think.
[55:24.000 --> 55:28.000]  No, we can't do that until we actually file a case.
[55:28.000 --> 55:44.000]  So if they put the three-day notice on your door, you might wait until they do that so that you can include that three-day notice in your complaint to the director.
[55:44.000 --> 55:45.000]  Okay.
[55:45.000 --> 56:04.000]  And ask the director to request of the landlord that he stay any action until the department can make a determination of the propriety of the amounts asked for.
[56:04.000 --> 56:17.000]  If the director doesn't get a stay, then you can always go to a small claims court, and this doesn't take anything terribly sophisticated because this is small claims,
[56:17.000 --> 56:21.000]  and it's not intended to be adjudicated by lawyers.
[56:21.000 --> 56:31.000]  It's intended for ordinary human beings to come in, and this is the only court where you go in and you just tell them what the situation is,
[56:31.000 --> 56:35.000]  and the judge will seek justice.
[56:35.000 --> 56:40.000]  In all other courts, facts and law is all that should be before the court.
[56:40.000 --> 56:44.000]  But in small claims, you just go in, show them your contract.
[56:44.000 --> 56:46.000]  This is what the contract calls for.
[56:46.000 --> 57:07.000]  50-day notice, they didn't give you 60-day notice. Ask the court to issue an order restraining these guys from taking any action until your administrative procedures that you're attempting to work through are completed,
[57:07.000 --> 57:12.000]  and almost certainly the judge will write a restraining order.
[57:12.000 --> 57:16.000]  Okay, until the administrative procedure is worked through, you said?
[57:16.000 --> 57:23.000]  Yes. You can go to the court and say, you know, I've acted to secure administrative remedy,
[57:23.000 --> 57:33.000]  but they're trying to force me to pay this at the risk of eviction before I can get the administrative remedy worked out,
[57:33.000 --> 57:49.000]  and just ask the court to direct the landlord to stay any execution of this threat until your administrative remedy is adjudicated.
[57:49.000 --> 57:53.000]  Stay any execution until the remedy is adjudicated?
[57:53.000 --> 58:02.000]  Yes, and that's more than reasonable, and these courts will almost always grant you what's reasonable.
[58:02.000 --> 58:06.000]  Thank you so much, Randy. I really appreciate it.
[58:06.000 --> 58:08.000]  Okay, and good luck with that.
[58:08.000 --> 58:10.000]  Thank you. Have a wonderful evening.
[58:10.000 --> 58:16.000]  You too. Okay, this is Randy Kelken, Reel of Our Radio. We're about to go to break.
[58:16.000 --> 58:23.000]  We have, we're about to go to the top of the hour break, so it's a little longer. It's a good time to go check out our sponsors.
[58:23.000 --> 58:39.000]  And if anything our sponsors have that you can use, it will sure help this network if you use our sponsors, because we get a commission for anything we move to help to support this station, this program.
[58:39.000 --> 58:50.000]  Ed, Donna, see you there. We'll pick you up on the other side. We'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
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[59:50.000 --> 01:00:00.000]  Live free speech radio, logosradionetwork.com.
[01:00:00.000 --> 01:00:20.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing the deli bulletins for the commodities market. Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:20.000 --> 01:00:41.000]  Markets for Friday, the 4th of November, 2016, are currently trading with gold at $1,304.10 an ounce, silver $18.41 an ounce, Texas crude $44.66 a barrel, and Bitcoin is currently sitting at about $697 U.S. currency.
[01:00:41.000 --> 01:00:57.000]  Today in history, the year 1952, the United States government establishes the National Security Agency or NSA, an intelligence organization of the United States government responsible for global monitoring, collection, and processing of information and data for foreign intelligence and counterintelligence purposes.
[01:00:57.000 --> 01:01:03.000]  The NSA was established today in history.
[01:01:03.000 --> 01:01:13.000]  In recent news, WikiLeaks just dumped part 30 of Hillary Clinton's campaign manager, John Podesta's hacked emails, bringing the total thus far to over 47,000.
[01:01:13.000 --> 01:01:26.000]  Julian Assange, who still is essentially on house arrest at the Ecuadorian embassy in London, gave an interview with Russia Today where he claims that the outcome of next Tuesday's presidential election between Donald Trump and Hillary Clinton has already been decided, saying,
[01:01:26.000 --> 01:01:35.000]  quote, because he has had every establishment off his side, Trump does not have one establishment, maybe with the exception of the evangelicals, if you can call them an establishment.
[01:01:35.000 --> 01:01:44.000]  Banks, intelligence, arms companies, foreign money, etc. are all united behind Hillary Clinton and the media as well, media owners and the journalists themselves.
[01:01:44.000 --> 01:01:58.000]  This is days after political activists discovered a hidden website for WRCB and NBC affiliate out of Chattanooga, Tennessee, showing election results with Hillary Clinton securing 343 electoral votes and 42 percent of the popular vote.
[01:01:58.000 --> 01:02:04.000]  Hillary, her campaign, and the media are accusing Russia for the hacking of tens of thousands of emails that WikiLeaks has dumped out in the past weeks.
[01:02:04.000 --> 01:02:08.000]  However, Julian Assange has vehemently denied any involvement from the Kremlin.
[01:02:08.000 --> 01:02:21.000]  A majority of Hillary's hacked emails that have been released via WikiLeaks since March of 2016 can be searched through at WikiLeaks.org forward slash Clinton dash emails.
[01:02:21.000 --> 01:02:35.000]  CBS News reported earlier today that U.S. intelligence agencies have alerted joint terrorism task forces that Al Qaeda could potentially be planning terrorist attacks in New York, Texas and Virginia for Monday, the day before the election, though no specific cities and landmarks are mentioned.
[01:02:35.000 --> 01:02:42.000]  Counterterrorism spokespersons have stated that as the election day nears, federal law enforcement is planning for several worst case scenarios.
[01:02:42.000 --> 01:02:54.000]  While earlier this week, an alert warned local police of polling places being seen as attractive targets for lone wolf type of attacks by individuals motivated by violent extremist ideologies such as sovereign citizens.
[01:02:54.000 --> 01:03:05.000]  This is Ruth Brody with your Lowdown for November 4th, 2016.
[01:03:24.000 --> 01:03:28.000]  Okay, we are back.
[01:03:28.000 --> 01:03:33.000]  Randy Kelton, Wheel of Life Radio, and we're going to Ed in Pennsylvania.
[01:03:33.000 --> 01:03:35.000]  Hello, Ed.
[01:03:35.000 --> 01:03:39.000]  What do you have for us today?
[01:03:39.000 --> 01:03:47.000]  I thought I would start with the topic that we were exchanging emails on about Howard Freeman.
[01:03:47.000 --> 01:03:50.000]  Yes, Freeman.
[01:03:50.000 --> 01:03:51.000]  Should I go ahead?
[01:03:51.000 --> 01:03:53.000]  Yes, go ahead.
[01:03:53.000 --> 01:03:55.000]  I was taking notes.
[01:03:55.000 --> 01:03:57.000]  This was Howard Freeman.
[01:03:57.000 --> 01:04:07.000]  By the way, if some of your listeners are interested in reading some more about the paper, I'm only going to be covering just a small portion of it.
[01:04:07.000 --> 01:04:32.000]  But you can get a copy of the paper that I'm referring to at www.supremelaw.org slash authors, A-U-T-H-O-R-S slash Freeman, F-R-E-E-M-A-N slash Freeman5.htm.
[01:04:32.000 --> 01:04:35.000]  And that will get you directly to this article.
[01:04:35.000 --> 01:04:40.000]  Okay, if you will send that to me.
[01:04:40.000 --> 01:04:43.000]  I know I already have it, but it's buried down in my emails.
[01:04:43.000 --> 01:04:51.000]  If you'll send it to me, and if anybody wants that link, if you'll email me, I will forward the link to you.
[01:04:51.000 --> 01:04:53.000]  Okay, I'll do that.
[01:04:53.000 --> 01:05:01.000]  Howard Freeman was a private citizen who was trying to find a way to avoid paying his income taxes.
[01:05:01.000 --> 01:05:18.000]  And as he was going through the process, he found a situation where the judge that he was dealing with denied him any use of constitutional law.
[01:05:18.000 --> 01:05:25.000]  And he wasn't really told why, but he started doing some investigation.
[01:05:25.000 --> 01:05:34.000]  So what he essentially found was prior to 1938, the Supreme Court was dealing with public law.
[01:05:34.000 --> 01:05:43.000]  But since 1938, the Supreme Court was dealing with something called private public policy.
[01:05:43.000 --> 01:05:46.000]  And there's a reason why that changed, and I'll get to that in a minute.
[01:05:46.000 --> 01:05:55.000]  But in 1938, he discovered that there was a case of Erie Railroad versus Tompkins.
[01:05:55.000 --> 01:06:08.000]  And in this case, it was a case about a private citizen who was walking along the railroad tracks when a Erie railroad train went by.
[01:06:08.000 --> 01:06:18.000]  One of the cars had a piece of wood sticking out of it, and it struck the person who was passing by the train.
[01:06:18.000 --> 01:06:27.000]  And under common law, he would have a case since it was dealing with life, liberty, or his property.
[01:06:27.000 --> 01:06:34.000]  So he was injured, his self was injured by Erie Railroad, and under common law, he would have a case.
[01:06:34.000 --> 01:06:47.000]  But when they took it to court, what they found was that he was denied the case because he was really being tried under a contractual type of law.
[01:06:47.000 --> 01:06:54.000]  And that's when the laws changed, was in 1938.
[01:06:54.000 --> 01:07:01.000]  So here, what we find is the blending of law with equity in 1938.
[01:07:01.000 --> 01:07:13.000]  And in further investigation, you found in 1938, all the higher judges, the top attorneys, and the U.S. attorneys were called into a secret meeting.
[01:07:13.000 --> 01:07:15.000]  And this is what they were told.
[01:07:15.000 --> 01:07:17.000]  America is a bankrupt nation.
[01:07:17.000 --> 01:07:21.000]  It is owned completely by its creditors, who are the bankers.
[01:07:21.000 --> 01:07:31.000]  The creditors own the Congress, they own the executives, they own the judiciary, and they own all the state governments.
[01:07:31.000 --> 01:07:39.000]  They were told to take silent judicial notice of this fact, but never reveal it openly.
[01:07:39.000 --> 01:07:46.000]  Your court is operating in an admiralty jurisdiction or a maritime jurisdiction.
[01:07:46.000 --> 01:07:53.000]  Call it anything you want, but do not call it admiralty.
[01:07:53.000 --> 01:08:01.000]  So under the admiralty courts, the reason they cannot call it admiralty jurisdiction is that if your defense would be quite,
[01:08:01.000 --> 01:08:08.000]  that your defense would be quite different in admiralty jurisdiction from your defense under the common law.
[01:08:08.000 --> 01:08:16.000]  In admiralty, there is no court which has jurisdiction unless there is a valid international contract in dispute.
[01:08:16.000 --> 01:08:25.000]  If you know it is admiralty jurisdiction, all you have to do is say, please present me with the contract, the maritime contract,
[01:08:25.000 --> 01:08:31.000]  which is in dispute so I can see it in evidence.
[01:08:31.000 --> 01:08:38.000]  And no court has maritime jurisdiction unless there is a valid international maritime contract that has been breached.
[01:08:38.000 --> 01:08:50.000]  So basically, admiralty law is international law, and the U.S. itself is not subject to that jurisdiction.
[01:08:50.000 --> 01:08:59.000]  So Woody also discovered that in 1938, the bankers said that it was not expedient at this time to admit that they own everything
[01:08:59.000 --> 01:09:02.000]  and could foreclose on every nation of the world.
[01:09:02.000 --> 01:09:07.000]  They basically, every nation of the world was bankrupt at that time.
[01:09:07.000 --> 01:09:16.000]  The reason that they didn't want to tell anyone that they own everything is that there are still too many privately owned guns.
[01:09:16.000 --> 01:09:21.000]  There are also uncooperative armies and other military forces.
[01:09:21.000 --> 01:09:31.000]  So until they can gradually consolidate all the armies into a world army and all the courts into a single world court,
[01:09:31.000 --> 01:09:36.000]  it is not expedient to them to admit the jurisdiction the courts are operating under.
[01:09:36.000 --> 01:09:37.000]  And this is an interesting...
[01:09:37.000 --> 01:09:39.000]  Okay, okay, hold on, hold on.
[01:09:39.000 --> 01:09:40.000]  Yes.
[01:09:40.000 --> 01:09:51.000]  You are stating a lot of presumptions, and I have nothing to support those presumptions.
[01:09:51.000 --> 01:10:05.000]  And the most difficult part is, is they went into a secret meeting and set up a secret law and never told anybody about it.
[01:10:05.000 --> 01:10:14.000]  And so now we can't go and verify that because it was secretly imposed upon us.
[01:10:14.000 --> 01:10:22.000]  Well, I've heard this for a long time and there are serious problems with it.
[01:10:22.000 --> 01:10:33.000]  One being that in the United States, there is no maritime law because in 1965, the maritime was codified into the civil code.
[01:10:33.000 --> 01:10:44.000]  So even if we are under maritime law, in the United States, maritime law has been converted to civil law.
[01:10:44.000 --> 01:10:48.000]  Or they call it statutory law.
[01:10:48.000 --> 01:10:51.000]  Say that again, called what?
[01:10:51.000 --> 01:11:02.000]  What they've done is combined equity law with admiralty law, and they've codified it into what they call now statutory law.
[01:11:02.000 --> 01:11:09.000]  Okay, and to that degree, I agree with you that we are under contract law.
[01:11:09.000 --> 01:11:12.000]  Everything's by contract.
[01:11:12.000 --> 01:11:14.000]  And that's important to understand.
[01:11:14.000 --> 01:11:24.000]  And from my perspective, that is not necessarily a problem because the contract applies to both sides.
[01:11:24.000 --> 01:11:30.000]  The contract is the Constitution and the statutes.
[01:11:30.000 --> 01:11:41.000]  Actually, to give Ralph Witterud credit, the contract is the Constitution and the public law.
[01:11:41.000 --> 01:11:47.000]  We recognize the public law as it is codified into statute.
[01:11:47.000 --> 01:11:58.000]  And the statute is law to the degree that it accurately reflects the public law as found in the National Register.
[01:11:58.000 --> 01:12:02.000]  I don't see a problem with that.
[01:12:02.000 --> 01:12:06.000]  Yeah, the problem is that a lot of people don't realize it.
[01:12:06.000 --> 01:12:18.000]  They'll go in court and they will cite laws before 1938 or cases before 1938 that are based on the Constitution,
[01:12:18.000 --> 01:12:25.000]  and they don't apply to any of the cases or the laws that are in the books today.
[01:12:25.000 --> 01:12:32.000]  You're expressing a lack of understanding of the nature of the Constitution.
[01:12:32.000 --> 01:12:38.000]  When the judge says, don't bring the Constitution in my court, he's right.
[01:12:38.000 --> 01:12:45.000]  If the Constitution doesn't apply to you, it applies to public officials.
[01:12:45.000 --> 01:12:53.000]  And everything, the judge is here under contract, not under Constitution.
[01:12:53.000 --> 01:13:03.000]  However, everything that is in the Constitution, every restriction on the public officials that exists in the Constitution,
[01:13:03.000 --> 01:13:08.000]  has been written into the public law in the form of statute.
[01:13:08.000 --> 01:13:11.000]  And that statute you can bring in.
[01:13:11.000 --> 01:13:18.000]  When I go into a Texas court and they want to hold a secret hearing, then I object to it.
[01:13:18.000 --> 01:13:22.000]  I don't object to it on a constitutional basis.
[01:13:22.000 --> 01:13:32.000]  I object to it under 1.27 Texas Code of Criminal Procedure says all courts shall be public.
[01:13:32.000 --> 01:13:41.000]  Now, that's the codification of the Constitutional right to a fair public court.
[01:13:41.000 --> 01:13:45.000]  So everything that's in the Constitution has been codified into statute.
[01:13:45.000 --> 01:13:56.000]  My problem with proposing this, especially to people who aren't terribly sophisticated in how to adjudicate this,
[01:13:56.000 --> 01:14:02.000]  is things like Ralph Wintereer, he comes out, oh, the Constitution doesn't apply.
[01:14:02.000 --> 01:14:04.000]  Okay, the Constitution doesn't apply, Ralph.
[01:14:04.000 --> 01:14:09.000]  What does apply? What about the statutes? Oh, the statutes don't apply.
[01:14:09.000 --> 01:14:13.000]  Well, what applies, Ralph? Oh, the National Register.
[01:14:13.000 --> 01:14:15.000]  Oh, the National Register applies.
[01:14:15.000 --> 01:14:16.000]  Well, that's pretty cool.
[01:14:16.000 --> 01:14:23.000]  Ralph, at my last count, the National Register is about 60,000 pages.
[01:14:23.000 --> 01:14:27.000]  It will not be a little more specific.
[01:14:27.000 --> 01:14:29.000]  So he was incorrect.
[01:14:29.000 --> 01:14:34.000]  This is actually codified under what they call the Universal Commercial Code, and I think you're familiar with that.
[01:14:34.000 --> 01:14:36.000]  No, there is no Universal Commercial Code.
[01:14:36.000 --> 01:14:38.000]  But there is a...
[01:14:38.000 --> 01:14:40.000]  A uniform, I'm sorry, uniform.
[01:14:40.000 --> 01:14:47.000]  I mean, there is a uniform, but it doesn't apply to the states.
[01:14:47.000 --> 01:14:57.000]  Each of the states, I believe except three, have adopted the Uniform Commercial Code into local statute.
[01:14:57.000 --> 01:15:03.000]  And I'm kind of being a little pedantic here, but I have a good reason for that.
[01:15:03.000 --> 01:15:12.000]  If you're in Texas and you cite the Uniform Commercial Code, the court will ignore it.
[01:15:12.000 --> 01:15:21.000]  But if you cite Section 41 of Texas Civil Practice and Remedies Code, then they'll pay attention to it.
[01:15:21.000 --> 01:15:26.000]  It's the same thing, but it's been codified into a Texas Code.
[01:15:26.000 --> 01:15:34.000]  California, all the states that have adopted the Uniform Commercial Code have adopted it into their own statutes,
[01:15:34.000 --> 01:15:36.000]  and they'll have their own designation.
[01:15:36.000 --> 01:15:45.000]  But with that said, the Uniform Commercial Code is really pretty uniform across all of the states.
[01:15:45.000 --> 01:15:47.000]  Okay, I'll stop being pedantic.
[01:15:47.000 --> 01:15:51.000]  I'm just trying to avoid problems that I see people having.
[01:15:51.000 --> 01:15:55.000]  Yeah, one of the things that was interesting here is that contracts must be voluntary.
[01:15:55.000 --> 01:16:05.000]  So under the common law, every contract must be entered into knowingly, voluntarily, and intentionally by both parties,
[01:16:05.000 --> 01:16:08.000]  or it is void and unenforceable.
[01:16:08.000 --> 01:16:11.000]  These are the characteristics of a common law contract.
[01:16:11.000 --> 01:16:14.000]  Okay, hold on, hold on.
[01:16:14.000 --> 01:16:18.000]  There is a subtle aspect to that.
[01:16:18.000 --> 01:16:26.000]  Where you accept a privilege, you bind yourself to an adhesion contract.
[01:16:26.000 --> 01:16:32.000]  So be careful accepting privileges.
[01:16:32.000 --> 01:16:35.000]  That's what gets you into these adhesion contracts.
[01:16:35.000 --> 01:16:37.000]  So yes, you are correct.
[01:16:37.000 --> 01:16:41.000]  You must enter into the contract intentionally.
[01:16:41.000 --> 01:16:50.000]  You can enter into a contract intentionally simply by accepting the benefit of the contract.
[01:16:50.000 --> 01:16:51.000]  I'll explain that a little further.
[01:16:51.000 --> 01:16:53.000]  I'm going to keep that for the other side.
[01:16:53.000 --> 01:16:54.000]  We'll head to Kelton.
[01:16:54.000 --> 01:16:55.000]  We'll go to our radio.
[01:16:55.000 --> 01:16:58.000]  I'll call it number 512-646-1984.
[01:16:58.000 --> 01:17:00.000]  We'll be right back.
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[01:17:37.000 --> 01:17:41.000]  Now, when you order anything from Amazon, you use that link,
[01:17:41.000 --> 01:17:43.000]  and Logos gets a few pesos.
[01:17:43.000 --> 01:17:44.000]  Do I pay extra?
[01:17:44.000 --> 01:17:45.000]  No.
[01:17:45.000 --> 01:17:47.000]  Do you have to do anything different when I order?
[01:17:47.000 --> 01:17:48.000]  No.
[01:17:48.000 --> 01:17:49.000]  Can I use my Amazon Prime?
[01:17:49.000 --> 01:17:50.000]  No.
[01:17:50.000 --> 01:17:51.000]  I mean, yes.
[01:17:51.000 --> 01:17:54.000]  Wow, giving without doing anything or spending any money.
[01:17:54.000 --> 01:17:55.000]  This is perfect.
[01:17:55.000 --> 01:17:57.000]  Thank you so much.
[01:17:57.000 --> 01:17:58.000]  You're welcome.
[01:17:58.000 --> 01:18:00.000]  Happy holidays, Logos.
[01:18:00.000 --> 01:18:05.000]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:18:44.000 --> 01:18:49.000]  and click on the blue Michael Maris banner or email michaelmaris at yahoo.com.
[01:18:49.000 --> 01:18:57.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:18:57.000 --> 01:19:01.000]  to learn how to stop debt collectors now.
[01:19:01.000 --> 01:19:11.000]  This is the Logos Radio Network.
[01:19:11.000 --> 01:19:24.000]  Music
[01:19:24.000 --> 01:19:26.000]  Okay, we are back.
[01:19:26.000 --> 01:19:28.000]  Randy Kalkin with Rule of Law Radio.
[01:19:28.000 --> 01:19:30.000]  And we're talking to Ed in Pennsylvania.
[01:19:30.000 --> 01:19:36.000]  And Ed, I'm not trying to be difficult or contrary.
[01:19:36.000 --> 01:19:41.000]  I am real cautious when we go to these issues
[01:19:41.000 --> 01:19:44.000]  because I've been called around the country
[01:19:44.000 --> 01:19:52.000]  to get people out of jail for following a lot of these patriot practices
[01:19:52.000 --> 01:19:57.000]  that are based on this concept.
[01:19:57.000 --> 01:20:01.000]  Winston Schrout, Sam Kennedy, and others.
[01:20:01.000 --> 01:20:07.000]  And so I'm real careful about how I address this.
[01:20:07.000 --> 01:20:11.000]  I think they're wiped.
[01:20:11.000 --> 01:20:20.000]  But the way they're trying to use it is a way that will get people in a lot of trouble.
[01:20:20.000 --> 01:20:27.000]  Winston Schrout right now has been taken on by the federal government.
[01:20:27.000 --> 01:20:34.000]  And they have enough charges against him to put him in jail for a couple of lifetimes.
[01:20:34.000 --> 01:20:38.000]  But he's going to be it all.
[01:20:38.000 --> 01:20:41.000]  He's right. He's going to win.
[01:20:41.000 --> 01:20:46.000]  I was in Asheville, North Carolina, and I met a guy there.
[01:20:46.000 --> 01:20:48.000]  I can't remember his name offhand,
[01:20:48.000 --> 01:20:51.000]  but he used to do a radio show and he promoted all this stuff.
[01:20:51.000 --> 01:20:55.000]  And the government came after it.
[01:20:55.000 --> 01:20:58.000]  And they had enough charges to put him in jail for 160 years.
[01:20:58.000 --> 01:21:03.000]  And he fought him. And he won the whole thing.
[01:21:03.000 --> 01:21:09.000]  And I'm there talking to him, and he's crowing like a bandy rooster.
[01:21:09.000 --> 01:21:14.000]  And I ask him, before all this started,
[01:21:14.000 --> 01:21:16.000]  didn't you live here in Asheville? He said, yes, I did.
[01:21:16.000 --> 01:21:18.000]  Well, where did you live?
[01:21:18.000 --> 01:21:23.000]  I had a two-story house over here somewhere on one of the suburbs.
[01:21:23.000 --> 01:21:25.000]  Weren't you married at the time?
[01:21:25.000 --> 01:21:29.000]  Oh, yeah, I had a wife and two kids.
[01:21:29.000 --> 01:21:30.000]  Where are you living now?
[01:21:30.000 --> 01:21:36.000]  Oh, I live in a motor home over here in this trailer park.
[01:21:36.000 --> 01:21:37.000]  Where are your wife and kids?
[01:21:37.000 --> 01:21:40.000]  Oh, she left me.
[01:21:40.000 --> 01:21:44.000]  He lost everything.
[01:21:44.000 --> 01:21:46.000]  But he won the case.
[01:21:46.000 --> 01:21:52.000]  You may beat the time, but you won't beat the ride.
[01:21:52.000 --> 01:21:59.000]  On my way to Charleston to get on an airplane, I got a call from Robert Fox.
[01:21:59.000 --> 01:22:03.000]  He's a real famous legal reform guy. He used to be.
[01:22:03.000 --> 01:22:08.000]  And he had these two guys that the government was coming after.
[01:22:08.000 --> 01:22:10.000]  And I said, well, what is the issue?
[01:22:10.000 --> 01:22:13.000]  Well, they filed some liens against the public officials.
[01:22:13.000 --> 01:22:15.000]  Well, how much were the liens?
[01:22:15.000 --> 01:22:20.000]  Eleven trillion.
[01:22:20.000 --> 01:22:23.000]  What was the issue?
[01:22:23.000 --> 01:22:25.000]  Traffic.
[01:22:25.000 --> 01:22:32.000]  Guys, what were you thinking?
[01:22:32.000 --> 01:22:35.000]  And they start all this on their legal justification.
[01:22:35.000 --> 01:22:46.000]  Yes, I understand that there is a weak spot in the law that allows a person to file a lien against property,
[01:22:46.000 --> 01:22:48.000]  whether he has a claim or not.
[01:22:48.000 --> 01:22:55.000]  And then the onus is on the property owner to get the lien removed.
[01:22:55.000 --> 01:23:00.000]  And it's something the government, it's a hole they haven't gotten fixed yet.
[01:23:00.000 --> 01:23:04.000]  And you have stepped through it.
[01:23:04.000 --> 01:23:08.000]  And the government knows how to fix this problem.
[01:23:08.000 --> 01:23:12.000]  You see, they got unlimited funds to fight you with.
[01:23:12.000 --> 01:23:14.000]  But you're going to win in the end.
[01:23:14.000 --> 01:23:19.000]  And they said, we're going to win? Oh, yeah, you'll win in the end.
[01:23:19.000 --> 01:23:27.000]  But at the time you win, they will have completely bankrupted you.
[01:23:27.000 --> 01:23:30.000]  They'll isolate your family, your friends.
[01:23:30.000 --> 01:23:35.000]  They will destroy you. Then they'll let you win.
[01:23:35.000 --> 01:23:37.000]  That's exactly what happened.
[01:23:37.000 --> 01:23:40.000]  That's what they're going to do to Winston Shroud.
[01:23:40.000 --> 01:23:44.000]  You may beat the time, but you won't beat the ride.
[01:23:44.000 --> 01:23:50.000]  So I'm real careful how I promote these procedures.
[01:23:50.000 --> 01:23:59.000]  The way I see this situation is, yes, we're all under contract.
[01:23:59.000 --> 01:24:05.000]  And this comes from, I lost his name.
[01:24:05.000 --> 01:24:08.000]  I'll think of it a minute.
[01:24:08.000 --> 01:24:11.000]  We're all under contract. We're all under agreement.
[01:24:11.000 --> 01:24:16.000]  And when you step into the physical boundaries of the state,
[01:24:16.000 --> 01:24:20.000]  you agree to abide by what we call the common law,
[01:24:20.000 --> 01:24:24.000]  the penal code and the Code of Criminal Procedure of the state.
[01:24:24.000 --> 01:24:32.000]  That is an adhesion contract that you enter into by your presence within the physical boundaries.
[01:24:32.000 --> 01:24:35.000]  The rest of them are by agreement.
[01:24:35.000 --> 01:24:39.000]  You accept a privilege.
[01:24:39.000 --> 01:24:44.000]  When you read a deed of trust, I have people complaining that,
[01:24:44.000 --> 01:24:47.000]  well, the lender didn't sign the deed of trust.
[01:24:47.000 --> 01:24:50.000]  We didn't have to.
[01:24:50.000 --> 01:24:58.000]  The lender accepted your promise to grant him certain privileges.
[01:24:58.000 --> 01:25:01.000]  And that acceptance binds him to the contract.
[01:25:01.000 --> 01:25:03.000]  He didn't need to sign it.
[01:25:03.000 --> 01:25:11.000]  So if you accept a privilege, you bound yourself to the contract that creates the privilege.
[01:25:11.000 --> 01:25:15.000]  And then the next step are the statutory codes.
[01:25:15.000 --> 01:25:17.000]  They're all by contract.
[01:25:17.000 --> 01:25:23.000]  And that works for me because when I read the codes,
[01:25:23.000 --> 01:25:27.000]  all the remedies I need are in there.
[01:25:27.000 --> 01:25:33.000]  So if these guys want to pretend that these codes apply,
[01:25:33.000 --> 01:25:42.000]  that'll work because I'll take your codes and I will cram them right down your throats.
[01:25:42.000 --> 01:25:49.000]  The thing that we're missing is our position before the law.
[01:25:49.000 --> 01:25:52.000]  We are the masters.
[01:25:52.000 --> 01:25:55.000]  The law is ours.
[01:25:55.000 --> 01:26:00.000]  We are the beneficiary of the law, not our public officials.
[01:26:00.000 --> 01:26:06.000]  They are the functionaries and they are to follow our law the way we wrote it.
[01:26:06.000 --> 01:26:09.000]  And I don't care what their opinion is.
[01:26:09.000 --> 01:26:14.000]  I'm about to file first-degree felony aggravated assault charges against my local judge
[01:26:14.000 --> 01:26:19.000]  because he had a baby put his hand on my arm.
[01:26:19.000 --> 01:26:22.000]  You want to play hardball?
[01:26:22.000 --> 01:26:27.000]  I'll introduce you to the deep end of the pool that I'll use your lawyer to do it with.
[01:26:27.000 --> 01:26:34.000]  So from my perspective, and this is what I told Winston Shroud when I did a spot on his show,
[01:26:34.000 --> 01:26:39.000]  and he's explaining all this, and I said, Winston, where did you come up with all that?
[01:26:39.000 --> 01:26:47.000]  I said, Winston, I'm a creature of statute and I'm an engineer, so I need to connect all the dots.
[01:26:47.000 --> 01:26:52.000]  Where's all the code and case law and legal support for your position?
[01:26:52.000 --> 01:26:57.000]  He said, well, I don't think there is any.
[01:26:57.000 --> 01:27:00.000]  Where did you come up with this?
[01:27:00.000 --> 01:27:04.000]  He said, well, I figured it out.
[01:27:04.000 --> 01:27:11.000]  Oh, okay, so essentially what you're saying is you made it up.
[01:27:11.000 --> 01:27:17.000]  And to Winston's credit, long pause, and he said, well, yes, I did.
[01:27:17.000 --> 01:27:23.000]  I said, Winston, I can't go into court without making it up.
[01:27:23.000 --> 01:27:26.000]  I need chapter and verse.
[01:27:26.000 --> 01:27:28.000]  But in this statutory law, I have it.
[01:27:28.000 --> 01:27:33.000]  Okay, I'm going to shut up now, Ed, and let you continue.
[01:27:33.000 --> 01:27:41.000]  Yeah, so I think, you know, what you've just said is very close to what Mr. Freeman said,
[01:27:41.000 --> 01:27:50.000]  because what he said was under UCC, well, he said contracts are unnecessary under the UCC.
[01:27:50.000 --> 01:27:56.000]  Under this new law, agreements can be binding, and if you only exercise the benefits of an agreement,
[01:27:56.000 --> 01:28:02.000]  it is presumed or implied that you intend to meet the obligations associated with those benefits,
[01:28:02.000 --> 01:28:07.000]  which is essentially the compelled benefit that you mentioned earlier.
[01:28:07.000 --> 01:28:10.000]  If you accept the benefit offered by government,
[01:28:10.000 --> 01:28:21.000]  then you are obligated to follow to the letter each and every statute involved with that benefit.
[01:28:21.000 --> 01:28:27.000]  The method has been to get everybody exercising a benefit,
[01:28:27.000 --> 01:28:31.000]  and they don't even have to tell the people what the benefit is.
[01:28:31.000 --> 01:28:36.000]  So that's the difference between common law and the colorable law
[01:28:36.000 --> 01:28:41.000]  that they've generated under the Uniform Commercial Code.
[01:28:41.000 --> 01:28:47.000]  But even the colorable law has an unconscionability back door.
[01:28:47.000 --> 01:28:54.000]  Right, and that's the remedy in the recourse, right?
[01:28:54.000 --> 01:29:04.000]  Yes. So at the end of the day, both sides are bound equally to the law.
[01:29:04.000 --> 01:29:07.000]  The problem is, the problem is not the law.
[01:29:07.000 --> 01:29:17.000]  The problem is that if God created man, he created us horribly flawed,
[01:29:17.000 --> 01:29:25.000]  and the law is administered by human beings, there lies the problem.
[01:29:25.000 --> 01:29:32.000]  So it behooves us all to exercise high diligence in dealing with law.
[01:29:32.000 --> 01:29:37.000]  And that's why I say, you and I are the masters, and it's our duty
[01:29:37.000 --> 01:29:44.000]  to hold our public officials' feet to the fire and breach no variance.
[01:29:44.000 --> 01:29:49.000]  The smaller the breach, the better to take on.
[01:29:49.000 --> 01:29:51.000]  Hang on, about to go to break.
[01:29:51.000 --> 01:30:03.000]  Randy Kelton, Lunavar Radio, we'll be right back.
[01:30:03.000 --> 01:30:06.000]  Would you spend the entire day watching store surveillance videos
[01:30:06.000 --> 01:30:07.000]  if you didn't have to?
[01:30:07.000 --> 01:30:10.000]  I didn't think so, but some people apparently would,
[01:30:10.000 --> 01:30:12.000]  and they'll even pay for the privilege.
[01:30:12.000 --> 01:30:17.000]  I'm Dr. Catherine Albrecht, and I'll be right back to tell you about video voyeurs.
[01:30:17.000 --> 01:30:19.000]  Privacy is under attack.
[01:30:19.000 --> 01:30:22.000]  If you give up data about yourself, you'll never get it back again.
[01:30:22.000 --> 01:30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.000 --> 01:30:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.000 --> 01:30:35.000]  Privacy, it's worth hanging on to.
[01:30:35.000 --> 01:30:38.000]  This public service announcement is brought to you by StartPage.com,
[01:30:38.000 --> 01:30:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:42.000 --> 01:30:46.000]  Start over with StartPage.
[01:30:46.000 --> 01:30:50.000]  Imagine sitting in the corner of a store watching people buy the same products
[01:30:50.000 --> 01:30:52.000]  day after boring day.
[01:30:52.000 --> 01:30:55.000]  That's the life of the average security camera, yawn.
[01:30:55.000 --> 01:31:00.000]  But a British company called Internet Eyes gets people to pay to watch these video streams.
[01:31:00.000 --> 01:31:05.000]  They pay around 20 bucks, then members log on to watch UK stores and streets
[01:31:05.000 --> 01:31:10.000]  for criminal activity, hoping to win a monthly prize for being the most eagle-eyed.
[01:31:10.000 --> 01:31:14.000]  The plan is revolting, but it really went sour when members started posting
[01:31:14.000 --> 01:31:17.000]  YouTube videos of the unsuspecting shoppers.
[01:31:17.000 --> 01:31:20.000]  It's what you'd expect from the sort of person who enjoys watching surveillance cameras
[01:31:20.000 --> 01:31:22.000]  in the first place.
[01:31:22.000 --> 01:31:24.000]  Some people really need to get a life.
[01:31:24.000 --> 01:31:31.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:31.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:48.000]  Thousands of my fellow first responders are dying.
[01:31:48.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm a father who lost his son.
[01:31:55.000 --> 01:31:57.000]  We're Americans, and we deserve the truth.
[01:31:57.000 --> 01:32:00.000]  Go to RememberBuilding7.org today.
[01:32:00.000 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.000 --> 01:32:06.000]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.000 --> 01:32:09.000]  Come on, we all know the government caused it with their chemtrails,
[01:32:09.000 --> 01:32:11.000]  but good luck getting them to pay for it.
[01:32:11.000 --> 01:32:14.000]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.000 --> 01:32:17.000]  That's why you have insurance, and Hill Country Home Improvements
[01:32:17.000 --> 01:32:21.000]  can handle the claim for you with little to no out-of-pocket expense.
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[01:32:22.000 --> 01:32:26.000]  As a multiyear A-plus member of the Better Business Bureau with zero complaints,
[01:32:26.000 --> 01:32:32.000]  you can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:32.000 --> 01:32:38.000]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.000 --> 01:32:42.000]  Mention the crypto show and get $100 off, and we'll donate another $100
[01:32:42.000 --> 01:32:45.000]  to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:56.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.000 --> 01:32:58.000]  Discounts are based on full roof replacement.
[01:32:58.000 --> 01:33:01.000]  May not actually be kidding about chemtrails.
[01:33:01.000 --> 01:33:11.000]  Looking for some truth? You found it. Logosradionetwork.com.
[01:33:11.000 --> 01:33:29.000]  Okay, we are back.
[01:33:29.000 --> 01:33:33.000]  Randy Kelton, Wheel of the Radio, and we're talking to Ed in Pennsylvania.
[01:33:33.000 --> 01:33:42.000]  Okay, we were just talking about the idea of compelled benefits
[01:33:42.000 --> 01:33:49.000]  and that being a binding agreement to follow all the letter of the law of the statute.
[01:33:49.000 --> 01:33:52.000]  And a lot of people don't realize that.
[01:33:52.000 --> 01:33:57.000]  But there is a remedy that's built into the Universal Commercial Code,
[01:33:57.000 --> 01:34:03.000]  which gives me uniform commercial code that Howard Freeman identified,
[01:34:03.000 --> 01:34:13.000]  and it falls under UCC 1-207 and UCC 1-103, both in the first chapter.
[01:34:13.000 --> 01:34:19.000]  And the remedy is the making of a valid reservation of rights.
[01:34:19.000 --> 01:34:33.000]  If you accept this benefit, you can reserve your right to be considered to be tried under commercial
[01:34:33.000 --> 01:34:38.000]  or governed under common law, that is.
[01:34:38.000 --> 01:34:45.000]  So it says the making of a valid reservation of rights preserves whatever rights the person then possesses
[01:34:45.000 --> 01:34:52.000]  and presents the loss of such rights by application of concepts of waiver or estoppel.
[01:34:52.000 --> 01:34:58.000]  And it goes on further to say when a waivable right or claim is involved,
[01:34:58.000 --> 01:35:04.000]  which would be when you go get a driver's license or a marriage license or something like that,
[01:35:04.000 --> 01:35:13.000]  the failure to make a reservation thereof causes a loss of the right and bars its assertion at a later date.
[01:35:13.000 --> 01:35:18.000]  And the last part says that the sufficiency of the reservation,
[01:35:18.000 --> 01:35:24.000]  any expression indicating an intention to reserve rights is sufficient to reserve your rights
[01:35:24.000 --> 01:35:33.000]  and could be worded such as without precedent, without prejudice, UCC 1-207.
[01:35:33.000 --> 01:35:43.000]  So the way Howard suggests applying it is any time you're doing anything, any contracts
[01:35:43.000 --> 01:35:51.000]  or signing anything with the government that involves any contractual things using Federal Reserve notes,
[01:35:51.000 --> 01:36:01.000]  when you sign your name, always end it with without prejudice, UCC 1.207.
[01:36:01.000 --> 01:36:07.000]  And that reserves your rights to be under common law.
[01:36:07.000 --> 01:36:15.000]  Okay, hold on. Where do we have a right to be under common law?
[01:36:15.000 --> 01:36:27.000]  You were regulated under common law before 1938 when they implemented this colorable uniform commercial code.
[01:36:27.000 --> 01:36:28.000]  Yes.
[01:36:28.000 --> 01:36:36.000]  They built in remedy and recourse because if they didn't build that in,
[01:36:36.000 --> 01:36:43.000]  the Congress would have to tell everybody that we were under Admiralty Law and they didn't want to do that.
[01:36:43.000 --> 01:36:52.000]  Okay, okay. That was a proactive statement of law. Where did they build it in that?
[01:36:52.000 --> 01:37:00.000]  Under the first chapter 1-207 and 1-103.
[01:37:00.000 --> 01:37:09.000]  That doesn't say anything about common law. Where do I still have recourse to the common law?
[01:37:09.000 --> 01:37:14.000]  Oh, by reserving your rights under 1-207.
[01:37:14.000 --> 01:37:21.000]  1-207 doesn't reference anything about common law.
[01:37:21.000 --> 01:37:36.000]  So where in law is 2-1.207 connected to a right to common law?
[01:37:36.000 --> 01:37:45.000]  Maybe I'm saying it wrong, Randy. I'm not that familiar with this thing. I just thought it was interesting.
[01:37:45.000 --> 01:37:56.000]  If I sound like I'm being pedantic, I don't mean to be, but this is dead on. This is where the problem has always lay.
[01:37:56.000 --> 01:38:07.000]  I get people saying that the common law applies and then I ask them, okay, how does it apply?
[01:38:07.000 --> 01:38:15.000]  And they won't go back and talk about the Magna Carta and Old English law. Okay, but we're not under Magna Carta anymore.
[01:38:15.000 --> 01:38:22.000]  We're not under Old English law. And yes, I understand that was historical law, but we're under today's law.
[01:38:22.000 --> 01:38:31.000]  And when I go into court, I have to be able to take them by law to where I need to be.
[01:38:31.000 --> 01:38:38.000]  And it's one of the things I like about statutory law, because when I go in and ask the court to do something,
[01:38:38.000 --> 01:38:46.000]  I ask them to do something by statute or by case law directly.
[01:38:46.000 --> 01:38:58.000]  I go into the JP's office and I say, I want to see all of the warrants held by this Justice of the Peace that have been executed.
[01:38:58.000 --> 01:39:04.000]  And I want to see it in accordance with 15.16 Texas Code of Criminal Procedure.
[01:39:04.000 --> 01:39:15.000]  And they stand there looking at me with their mouth hanging open. Now I don't get any crapola.
[01:39:15.000 --> 01:39:31.000]  That's what I need when I say under 1.207, I reserve my right to choice of venue. And my choice is the common law.
[01:39:31.000 --> 01:39:40.000]  And here's the law that allows me to do that. I need that law. I never could get it.
[01:39:40.000 --> 01:39:48.000]  Yeah, I think Howard Freeman uses 1.207 when he uses that to challenge the jurisdiction of the court.
[01:39:48.000 --> 01:39:55.000]  And they don't want to admit that they're under Admiralty Law.
[01:39:55.000 --> 01:40:01.000]  You can't do that because there is no more Admiralty Law.
[01:40:01.000 --> 01:40:13.000]  The Admiralty Law for the United States has been codified into the Civil Code. So there is no more Admiralty per se.
[01:40:13.000 --> 01:40:19.000]  It still exists, but exists in the Civil Code. It exists within the statutory scheme.
[01:40:19.000 --> 01:40:26.000]  And even Admiralty was always the statutory scheme.
[01:40:26.000 --> 01:40:35.000]  And in an Admiralty Court, you don't have a right to a jury. I hope you understood that part.
[01:40:35.000 --> 01:40:37.000]  Yeah.
[01:40:37.000 --> 01:40:54.000]  So essentially that part's been abolished as of 1965. So what he's saying may have been more valid or more pertinent before 1965, but now it isn't.
[01:40:54.000 --> 01:40:57.000]  Which brings me to a question.
[01:40:57.000 --> 01:41:11.000]  When he challenges the jurisdiction, he says, if I'm reserving my rights, then show me the party that I've harmed,
[01:41:11.000 --> 01:41:18.000]  because under common law it says you're free to do anything unless you harm somebody's life, liberty, or property.
[01:41:18.000 --> 01:41:28.000]  Well, that's what everybody has said for a long time. But I can't find that anywhere.
[01:41:28.000 --> 01:41:45.000]  And I read Thornton's site out of California, and he was the first one that actually said it, that common law is essentially whatever you want it to be.
[01:41:45.000 --> 01:41:53.000]  So a law that's whatever you want it to be is no law at all. That's anarchy.
[01:41:53.000 --> 01:42:06.000]  And I have a problem with a judge sitting up there with the legal capacity to do anything he wants to.
[01:42:06.000 --> 01:42:19.000]  I want my judge down very tightly to chapter and verse. That's always been my objection to common law.
[01:42:19.000 --> 01:42:25.000]  Well, I think the good thing now is that you have statutory law, which you can rely on,
[01:42:25.000 --> 01:42:38.000]  or you have this other option of using UCC 1.207 and challenging the jurisdiction of the court, and if they, as you're challenging the jurisdiction,
[01:42:38.000 --> 01:42:44.000]  say, bring forth the party that I've harmed so I can face my accuser.
[01:42:44.000 --> 01:42:51.000]  And I'm going to say, show me my requirement to do that.
[01:42:51.000 --> 01:42:53.000]  You being the judge?
[01:42:53.000 --> 01:42:59.000]  Yes, I'm the judge. Show me my requirement to do that.
[01:42:59.000 --> 01:43:04.000]  See, I have a rule. Never make a proactive statement of law out of your own mouth.
[01:43:04.000 --> 01:43:14.000]  Show me where I have that requirement. You're telling me I have it. Now show me.
[01:43:14.000 --> 01:43:22.000]  See, that's where I always have this problem, is nobody can ever come up with common law.
[01:43:22.000 --> 01:43:35.000]  I can't work with that. I need something that we all can agree on, some fine line.
[01:43:35.000 --> 01:43:44.000]  Even if that fine line leads to injustice, we can adjust the line, but we've always got something we can consistently follow.
[01:43:44.000 --> 01:43:52.000]  The common law, it's pretty well justice by judge's discretion. That's good. Hang on, about to go to break.
[01:43:52.000 --> 01:44:15.000]  Randy Kalkham, Radio, call it number 512-646-1984. We'll be right back.
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[01:46:02.000 --> 01:46:26.000]  Okay, we are back.
[01:46:26.000 --> 01:46:32.000]  Randy Kelton with Rule of Law Radio, and we're talking to Ed in Pennsylvania.
[01:46:32.000 --> 01:46:45.000]  Okay, over for all of this discussion of using 1.207.
[01:46:45.000 --> 01:47:00.000]  I don't understand its utility. It seemed when you first mentioned it, that it reserved the right to choose your legal venue.
[01:47:00.000 --> 01:47:09.000]  Did I understand the law under which you would be bound? Am I right by that?
[01:47:09.000 --> 01:47:27.000]  Yeah, you're reserving your right to protect the rights that you had before you were then subject to the statutory law based on these compelled benefits contracts.
[01:47:27.000 --> 01:47:47.000]  But I don't understand how that helps you. If I sign a traffic citation with 1.207, I have the greed to waive a right.
[01:47:47.000 --> 01:48:02.000]  And that's the right to be free to run around and do whatever I want to. But I did that in order to keep from being taken straight to jail, which was the right that the police officer had.
[01:48:02.000 --> 01:48:19.000]  So in lieu of going straight to jail, I signed this contract where I agreed to appear at court. That's it. So what does 1-207 protect?
[01:48:19.000 --> 01:48:36.000]  Let me give an example, okay? So when you get into court, the judge will read the charges so the charges may be driving through a yellow light or whatever.
[01:48:36.000 --> 01:48:44.000]  And this is a violation of Ordinance XYZ. He will ask, do you understand the charge against you?
[01:48:44.000 --> 01:48:50.000]  Well, Your Honor, there's a question I would like to ask before I can make a plea of innocent or guilty.
[01:48:50.000 --> 01:48:57.000]  I think it could be answered if I could put the officer on the stand for a moment and ask a few short questions.
[01:48:57.000 --> 01:49:02.000]  Judge, I don't see why not. Let's swear the officer in and have him take the stand.
[01:49:02.000 --> 01:49:12.000]  So the officer takes the stand. You say, is this the instrument that you gave me handing the officer the traffic citation?
[01:49:12.000 --> 01:49:18.000]  The officer says, yes, this is a copy of it. The judge has the other portion of it.
[01:49:18.000 --> 01:49:22.000]  Where did you get my address that you wrote on this citation?
[01:49:22.000 --> 01:49:27.000]  Well, I got it from your driver's license. So you hand the officer your driver's license.
[01:49:27.000 --> 01:49:30.000]  Is this the document you copied my name and address from?
[01:49:30.000 --> 01:49:34.000]  And the officer says, yes, this is where I got it.
[01:49:34.000 --> 01:49:39.000]  While you've got that in your hand, could you also read the signature that's on the license?
[01:49:39.000 --> 01:49:47.000]  So the officer reads the signature. And while you're there, could you also read into the record what it says underneath the signature?
[01:49:47.000 --> 01:49:53.000]  The officer says, it says, without prejudice, UCC 1-207.
[01:49:53.000 --> 01:49:58.000]  The judge says, let me see that license. He looks at it and turns to the officer.
[01:49:58.000 --> 01:50:05.000]  You didn't notice this printing under the signature on the license when you copied his name and address onto the ticket?
[01:50:05.000 --> 01:50:10.000]  The officer, oh, no, I was just getting the address. I didn't look down there.
[01:50:10.000 --> 01:50:14.000]  The judge says, well, you're not a very observant as an officer.
[01:50:14.000 --> 01:50:19.000]  Therefore, I'm afraid I cannot accept your testimony in regards to the facts in this case.
[01:50:19.000 --> 01:50:21.000]  This case is dismissed.
[01:50:21.000 --> 01:50:24.000]  OK, that's really nice if that occurred.
[01:50:24.000 --> 01:50:38.000]  However, what law, what precedent, the judge is sitting there under statutory law.
[01:50:38.000 --> 01:50:51.000]  What statute, code, rule, regulation or case law does the court rely on in not hearing the case?
[01:50:51.000 --> 01:50:57.000]  Well, the judge basically saw the UCC 1-207, presumably.
[01:50:57.000 --> 01:51:01.000]  I got that part.
[01:51:01.000 --> 01:51:10.000]  On what law did he refrain from adjudicating the case?
[01:51:10.000 --> 01:51:16.000]  The hypothetical case was a red light or yellow light.
[01:51:16.000 --> 01:51:23.000]  No, no, OK, the judge has a duty to enforce the law to adjudicate this case,
[01:51:23.000 --> 01:51:30.000]  not his discretion to decide whether or not he wants to enforce law or not enforce law.
[01:51:30.000 --> 01:51:35.000]  He's there under statute, under contract to enforce law.
[01:51:35.000 --> 01:51:39.000]  When a complaint is brought to him, he has a duty to enforce that.
[01:51:39.000 --> 01:51:46.000]  How does he dismiss that case under law?
[01:51:46.000 --> 01:51:56.000]  My assumption is that under UCC 1-207, the plaintiff was reserving their rights
[01:51:56.000 --> 01:52:03.000]  and the laws that this court was under, the jurisdiction this court was under,
[01:52:03.000 --> 01:52:06.000]  didn't apply under those circumstances.
[01:52:06.000 --> 01:52:11.000]  How? I don't get to assume.
[01:52:11.000 --> 01:52:16.000]  The reservations of rights not to be compelled to the...
[01:52:16.000 --> 01:52:17.000]  OK, hold on.
[01:52:17.000 --> 01:52:21.000]  I'm sitting in the courtroom and I see the judge do this and I stand up and say,
[01:52:21.000 --> 01:52:27.000]  Mr. Bailey, arrest that judge for misfeasance in office,
[01:52:27.000 --> 01:52:31.000]  for failing to perform a duty he is required to perform.
[01:52:31.000 --> 01:52:36.000]  And in the process, denied me and every other citizen in the state in the full
[01:52:36.000 --> 01:52:39.000]  and free access into the equal protection of the laws.
[01:52:39.000 --> 01:52:49.000]  So how does the judge defend his position for failing to perform a duty?
[01:52:49.000 --> 01:52:51.000]  He had no jurisdiction.
[01:52:51.000 --> 01:52:57.000]  How? He has general subject matter jurisdiction.
[01:52:57.000 --> 01:53:01.000]  How did he lose subject matter jurisdiction?
[01:53:01.000 --> 01:53:05.000]  The jurisdiction...
[01:53:05.000 --> 01:53:14.000]  I'm asking very specifically how by law, not how by presumption.
[01:53:14.000 --> 01:53:18.000]  We're in statutory law here.
[01:53:18.000 --> 01:53:24.000]  If we're to go to common law, I have to have statute that says,
[01:53:24.000 --> 01:53:30.000]  in this circumstance, the court cannot exercise jurisdiction.
[01:53:30.000 --> 01:53:36.000]  Where is it?
[01:53:36.000 --> 01:53:41.000]  This paragraph, Randy, says the code recognizes the common law.
[01:53:41.000 --> 01:53:43.000]  If it did not recognize the common law,
[01:53:43.000 --> 01:53:47.000]  the government would have had to admit that the United States is bankrupt.
[01:53:47.000 --> 01:53:52.000]  That's conjecture. That's not law.
[01:53:52.000 --> 01:54:01.000]  I can't go to... I can't support my position on legal opinion.
[01:54:01.000 --> 01:54:08.000]  I need law. And that's always been my problem.
[01:54:08.000 --> 01:54:18.000]  I have a way to get to the judge's jurisdiction, but I do that under contract.
[01:54:18.000 --> 01:54:22.000]  I go into court. They start their proceeding.
[01:54:22.000 --> 01:54:25.000]  The first thing I say is, objection.
[01:54:25.000 --> 01:54:29.000]  I am here at arm's length to the court.
[01:54:29.000 --> 01:54:36.000]  I am here to challenge the subject matter jurisdiction of the court.
[01:54:36.000 --> 01:54:41.000]  I look at the initiating document,
[01:54:41.000 --> 01:54:49.000]  and I find no evidence that I fall within the statutory scheme.
[01:54:49.000 --> 01:54:53.000]  That's kind of what you're saying about 2.07.
[01:54:53.000 --> 01:54:58.000]  You're saying you don't fall within the statutory scheme.
[01:54:58.000 --> 01:55:02.000]  But I'm going to say I don't fall within the statutory scheme
[01:55:02.000 --> 01:55:10.000]  because there is no evidence to show that I was operating under the authority of my driver's license.
[01:55:10.000 --> 01:55:13.000]  Yes, I've got one.
[01:55:13.000 --> 01:55:21.000]  And I accepted the privilege to operate a motor vehicle in commerce.
[01:55:21.000 --> 01:55:23.000]  But I have a pilot's license.
[01:55:23.000 --> 01:55:30.000]  He didn't charge me with driving without a pilot's license.
[01:55:30.000 --> 01:55:37.000]  He didn't charge me with that because I wasn't flying an airplane.
[01:55:37.000 --> 01:55:40.000]  He charged me with operating a motor vehicle in commerce
[01:55:40.000 --> 01:55:47.000]  and there was nothing in the complaining document to show the element of operating in commerce.
[01:55:47.000 --> 01:55:52.000]  Now, that's how I get out of my jurisdiction there.
[01:55:52.000 --> 01:55:57.000]  I don't see anything that takes me to common law.
[01:55:57.000 --> 01:56:09.000]  Yeah, under Section 1-103, it says the code cannot be read to preclude a common law action.
[01:56:09.000 --> 01:56:11.000]  So what you can tell the judge is, Your Honor,
[01:56:11.000 --> 01:56:18.000]  I can sue you under the common law for violating my right under the Universal Uniform Commercial Code.
[01:56:18.000 --> 01:56:23.000]  I have a remedy under the UCC to reserve my rights under the common law.
[01:56:23.000 --> 01:56:28.000]  I've exercised the remedy and now you must construe the statute in harmony with the common law.
[01:56:28.000 --> 01:56:34.000]  To be in harmony with the common law, you must come forth with a damaged party.
[01:56:34.000 --> 01:56:37.000]  Okay, read that statute to me again.
[01:56:37.000 --> 01:56:41.000]  He doesn't have the jurisdiction under common law.
[01:56:41.000 --> 01:56:46.000]  Read that statute again, 1-302.
[01:56:46.000 --> 01:56:52.000]  1-103, this is the recourse.
[01:56:52.000 --> 01:56:57.000]  It says the code cannot be read to preclude a common law action.
[01:56:57.000 --> 01:56:59.000]  So what you can tell the judge is, Your Honor,
[01:56:59.000 --> 01:57:07.000]  I can sue you under the common law for violating my right under the Universal Uniform Commercial Code.
[01:57:07.000 --> 01:57:13.000]  I have a remedy under the UCC to reserve my rights under the common law.
[01:57:13.000 --> 01:57:20.000]  I have exercised the remedy and now you must construe this statute in harmony with the common law.
[01:57:20.000 --> 01:57:30.000]  Hold on, that's a non sequitur.
[01:57:30.000 --> 01:57:35.000]  The one does not necessarily follow from the other.
[01:57:35.000 --> 01:57:42.000]  The fact that you have the right to sue the judge under the common law
[01:57:42.000 --> 01:57:54.000]  does not necessarily mean that the judge has to adjudicate this traffic case under the common law.
[01:57:54.000 --> 01:58:04.000]  That's a presumption. How do we get directly to that position?
[01:58:04.000 --> 01:58:07.000]  Demand that the court produce the injured person.
[01:58:07.000 --> 01:58:09.000]  How do we get there by law?
[01:58:09.000 --> 01:58:11.000]  I'm sorry?
[01:58:11.000 --> 01:58:20.000]  So you're in court with this ticket and I'm in court monitoring my public official to make sure he does his job.
[01:58:20.000 --> 01:58:28.000]  And you show him 1-207 and you tell him under 1-103, I can sue you under the common law.
[01:58:28.000 --> 01:58:34.000]  And I'm sitting out here saying, I don't care what you do to that judge.
[01:58:34.000 --> 01:58:40.000]  He's going to enforce my law and I don't care what his opinion about it is.
[01:58:40.000 --> 01:58:46.000]  So how do you show statutorily that he's not going to run off the cliff because we're going to break?
[01:58:46.000 --> 01:58:50.000]  Hang on, we'll be right back.
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