[00:00.000 --> 00:14.040] In Iraq Wednesday, seven Iraqis were killed and ten wounded. [00:14.040 --> 00:19.600] Barack Obama met defense officials to discuss drawdown plans as early polling began in Iraqi [00:19.600 --> 00:21.840] elections. [00:21.840 --> 00:26.480] Iraqi government says it will not issue a new operating license to Blackwater worldwide [00:26.480 --> 00:31.280] after Blackwater was accused of killing 14 civilians in 2007. [00:31.280 --> 00:36.960] Five former Blackwater guards have pleaded not guilty in a U.S. trial. [00:36.960 --> 00:41.560] Israeli forces attacked a possible weapons manufacturing facility and continued to bomb [00:41.560 --> 00:45.040] tunnels along the Gaza-Egypt border. [00:45.040 --> 00:48.480] Israel claims it was responding to a rocket launched in Gaza. [00:48.480 --> 00:53.560] However, doubt was cast on the Israeli story after Israeli military officials said they [00:53.560 --> 01:01.560] did not know where the alleged rocket had hit. [01:01.560 --> 01:06.800] Political scientist Norman Finkelstein says Israel's attack on Gaza was planned in March [01:06.800 --> 01:08.640] 2007. [01:08.640 --> 01:14.280] Finkelstein said Israel attacked Gaza because of the defeat it suffered in 2006 in the war [01:14.280 --> 01:15.800] with Hezbollah. [01:15.800 --> 01:21.480] Finkelstein said Israel also wanted to demonstrate it was still a fighting force that could inspire [01:21.480 --> 01:24.040] terror in the Arab world. [01:24.040 --> 01:29.120] Mark Heller, a senior researcher at the Institute for National Security Studies at Tel Aviv [01:29.120 --> 01:34.760] University said the attacks reflected the deep feeling among average Israelis that if [01:34.760 --> 01:39.400] you provoke or attack, you're going to pay a disproportionate price. [01:39.400 --> 01:44.680] Finkelstein said another motive for the Israeli attacks was that Hamas was making statements [01:44.680 --> 01:49.360] that it was willing to settle conflict in accordance with the Arab League peace plan [01:49.360 --> 01:56.480] of 2002, adding, quote, this was deemed a disaster for the Israelis since a peace deal [01:56.480 --> 02:01.360] would have deprived Israel of an excuse to seize control of Palestine and Israel would [02:01.360 --> 02:09.640] have to revert to the 1967 borders. [02:09.640 --> 02:15.360] Israeli soldiers who took part in the destruction of Zaytoun, a known Hamas stronghold of Gaza, [02:15.360 --> 02:18.680] said it was designed to send a message to Gazans. [02:18.680 --> 02:23.240] An Israeli soldier told the UK Times, we pounded them with fire. [02:23.240 --> 02:25.280] They never had a chance. [02:25.280 --> 02:29.520] Human rights organizations have called for an independent investigation into the Israeli [02:29.520 --> 02:35.080] army's conduct in Zaytoun, accusing them of denying medical access to the wounded and [02:35.080 --> 02:36.960] firing on civilians. [02:36.960 --> 02:42.880] The soldier who broke Israeli military censorship restrictions to talk to the Times said, quote, [02:42.880 --> 02:46.560] we were to shoot first and ask questions later. [02:46.560 --> 02:51.360] Israel has censored the names of military units and soldiers who took part in the fighting, [02:51.360 --> 03:20.880] fearing that lawsuits will be filed against them by human rights organizations. [04:51.840 --> 04:56.560] That song is dedicated to Randy in Austin, Texas, neighbor, neighbor, get your dog out [04:56.560 --> 04:57.560] of my yard. [04:57.560 --> 04:58.560] That one's for you, buddy. [04:58.560 --> 04:59.560] Okay. [04:59.560 --> 05:02.720] Always calling in about your case with the dog. [05:02.720 --> 05:05.440] You know, I'll tell you, Randy, I know I love you, dude. [05:05.440 --> 05:10.360] I'm glad you call in and everything, but I'll tell you a real easy way to solve your problems, [05:10.360 --> 05:11.360] all your legal problems. [05:11.360 --> 05:12.360] You don't need me and Randy. [05:12.360 --> 05:13.360] All you need is a leash, okay? [05:13.360 --> 05:18.160] All you need is a gate with a lock, okay, and a really good fence, all right? [05:18.160 --> 05:21.560] Solve all your troubles, okay? [05:21.560 --> 05:28.040] Anyways we are speaking with Chris from Oklahoma callers, if you'd like to call in 512-646-1984. [05:28.040 --> 05:30.440] So Chris, please go ahead. [05:30.440 --> 05:31.440] Please continue. [05:31.440 --> 05:36.880] Well, I was just trying to get across that you and I and Randy and several hundred other [05:36.880 --> 05:43.080] people out there that are in the truth movement, no Dr. Jones, and he is the most unassuming [05:43.080 --> 05:48.160] gentleman expert in his field, and if Mr. Mosley would have taken the time just to pick [05:48.160 --> 05:52.920] up the phone and call Dr. Jones instead of offering a skating review and jumping onto [05:52.920 --> 05:57.640] various tangents that made absolutely no sense whatsoever, he would have saved himself a [05:57.640 --> 05:58.640] lot of embarrassment. [05:58.640 --> 06:04.080] But that's the nature of this movement, I guess, and you did a very succinct job of [06:04.080 --> 06:08.600] bringing out the information, and we do appreciate the effort, and I don't want to take up any [06:08.600 --> 06:09.600] more time. [06:09.600 --> 06:10.840] I know your callers are waiting in the queue there. [06:10.840 --> 06:14.920] So thank you for taking my call, and you guys keep up the good work on your show. [06:14.920 --> 06:15.920] Well, thanks Chris. [06:15.920 --> 06:18.560] Just a quick comment on that. [06:18.560 --> 06:21.960] You said that he would save himself a lot of embarrassment? [06:21.960 --> 06:22.960] Probably not. [06:22.960 --> 06:28.520] He would consider that a compliment. [06:28.520 --> 06:34.560] She didn't call him a scum-sucking bottom feeder, so he probably figures all of that [06:34.560 --> 06:35.560] was a compliment. [06:35.560 --> 06:39.440] Well, yeah, and other journalists have done exposés on him too, as well, like the guy [06:39.440 --> 06:44.760] and the journalist in Salt Lake City on mainstream media. [06:44.760 --> 06:50.840] Perhaps Chris, but obviously he did watch the C-SPAN thing, and I think that he was [06:50.840 --> 06:53.600] commissioned to write that hit piece. [06:53.600 --> 06:57.360] I don't think that he did that of his own accord. [06:57.360 --> 07:01.640] The guy obviously works for CIA assets. [07:01.640 --> 07:04.840] He's formed all of these policy councils. [07:04.840 --> 07:06.800] He's a propagandist. [07:06.800 --> 07:12.600] He works for the... He was the head of the LAC, which is a subset of the IAB. [07:12.600 --> 07:17.360] He's a total propagandist for the government, and I believe that he was commissioned to [07:17.360 --> 07:18.360] do that. [07:18.360 --> 07:20.400] And these people just don't care, Chris. [07:20.400 --> 07:22.660] They just don't care. [07:22.660 --> 07:30.120] They have an agenda, and liberty and freedom has nothing to do with it, and we're cannon [07:30.120 --> 07:31.120] fodder to them. [07:31.120 --> 07:32.120] All right? [07:32.120 --> 07:34.320] Nothing but cannon fodder to them. [07:34.320 --> 07:37.640] Journalists of the press that we know here in Oklahoma City, one in particular, thought [07:37.640 --> 07:43.400] it was more important to get the schematics and the layout of a calendar for the major [07:43.400 --> 07:47.320] paper here in town versus research in the Thierry Icky case. [07:47.320 --> 07:51.160] Andrew Griffin and my colleague and I sat there and looked at him as like, you've got [07:51.160 --> 07:52.160] to be kidding me. [07:52.160 --> 07:53.160] So, you're right. [07:53.160 --> 07:57.680] The priority to some of these folks are completely inside out and upside down, and they have [07:57.680 --> 07:59.840] no sense of direction. [07:59.840 --> 08:03.080] Having said that, I'll go ahead and get off the line and let the callers get on. [08:03.080 --> 08:04.080] Thank you. [08:04.080 --> 08:05.080] Thank you for your support, Chris. [08:05.080 --> 08:06.280] Chris Emery in Oklahoma. [08:06.280 --> 08:07.800] Please tune into his show, man. [08:07.800 --> 08:15.840] Chris has been having some real slam dunks, I mean, grand slam shows of his own on Wednesday [08:15.840 --> 08:19.280] night's Radio Free Oklahoma. [08:19.280 --> 08:22.120] Check it out, 8 to 10 p.m. Central Time on Wednesdays. [08:22.120 --> 08:23.520] You can listen to the archives, of course. [08:23.520 --> 08:26.880] All right, callers, if you'd like to call in, 512-646-1984. [08:26.880 --> 08:32.160] We got two more hours to go on our Friday Night Info Marathons. [08:32.160 --> 08:34.200] We got Christian in Florida. [08:34.200 --> 08:35.600] Hey, Christian, thanks for calling in. [08:35.600 --> 08:36.600] What's on your mind tonight? [08:36.600 --> 08:37.600] Hi, Deborah. [08:37.600 --> 08:38.600] Hi, Randy. [08:38.600 --> 08:39.600] How are you all doing tonight? [08:39.600 --> 08:40.600] Good. [08:40.600 --> 08:44.800] Hey, I really want to appreciate you guys and give you a lot of thanks for sticking [08:44.800 --> 08:49.400] your neck out, putting yourself on the line and continuing on in the battle and helping [08:49.400 --> 08:52.600] to give the rights back to We the People, you know. [08:52.600 --> 08:55.000] I appreciate that as well as everybody else. [08:55.000 --> 08:56.000] Thank you, Christian. [08:56.000 --> 08:57.840] Keep up the good work. [08:57.840 --> 08:58.840] Thank you. [08:58.840 --> 09:06.280] Randy, I was going over these, trying to find the information like you have in your habeas [09:06.280 --> 09:11.960] corpus converting the Florida statutes over into your Texas there, and I was going through [09:11.960 --> 09:16.640] pretty heavy on the statutes and codes and really wasn't finding a lot in there until [09:16.640 --> 09:23.920] I switched over to the criminal code in Florida here, and then I started picking up one right [09:23.920 --> 09:26.960] after the other here, but I haven't completed that. [09:26.960 --> 09:33.560] So anyway, I was going over this Gerstein v. Puke case, and this is a Florida case. [09:33.560 --> 09:35.440] I've heard you mention it quite a few times. [09:35.440 --> 09:37.440] It's out of Miami. [09:37.440 --> 09:38.440] Yeah. [09:38.440 --> 09:43.120] And that kind of ties in with what you were talking about earlier, though, also. [09:43.120 --> 09:47.400] But the last part of the case and the syllabus and the opinion I got here were it says that [09:47.400 --> 09:53.280] the adequate opportunity to evaluate in an appropriate future case the constitutionality [09:53.280 --> 09:58.680] of any new process or procedures that may be adopted by Florida in response to the court's [09:58.680 --> 10:05.440] judgment today, holding that Florida's present procedures are constitutionally inadequate. [10:05.440 --> 10:11.480] Well, my question to you was, was there anything past that that they challenged any constitutionality [10:11.480 --> 10:13.720] and put into any problems that you know of? [10:13.720 --> 10:22.360] What happened in Gerstein v. Puke was before it ever got to court, Miami changed the way [10:22.360 --> 10:30.700] it handled prisoners so that once it got to court, the case was essentially already moot [10:30.700 --> 10:36.320] as far as future cases because Florida came in line. [10:36.320 --> 10:43.120] So in closing the case, they really didn't have much to work with because Florida, the [10:43.120 --> 10:46.920] officials already knew what they were supposed to have been doing. [10:46.920 --> 10:50.680] And it just a matter of they got caught on it, they got nailed on it, and once they got [10:50.680 --> 10:54.720] nailed, they went back to what they should have been doing, so the court didn't have [10:54.720 --> 10:56.600] much to say. [10:56.600 --> 11:03.600] What the court said in Gerstein v. Puke is, is that there are federal requirements that [11:03.600 --> 11:12.080] the courts must meet, but that how they go about meeting them is not the business of [11:12.080 --> 11:15.200] the federal government to stipulate. [11:15.200 --> 11:22.760] It's left up to the state to set their own policies and the only influence that the federal [11:22.760 --> 11:32.760] has is to determine whether or not the strategy they use meets the requirements of the constitution. [11:32.760 --> 11:38.680] So that's kind of where they were going there and telling them that they would look at any [11:38.680 --> 11:48.560] future changes or any future policies they adopted to determine if they met the constitutional [11:48.560 --> 11:49.560] requirements. [11:49.560 --> 11:54.680] Well, do you have any other cases past that that happened to do with Florida? [11:54.680 --> 11:57.320] No, I didn't. [11:57.320 --> 11:58.320] That one happened to be Florida. [11:58.320 --> 12:01.400] I was really looking in Texas. [12:01.400 --> 12:09.240] So I didn't look, I could jeopardize that on Lexis and surely find some more. [12:09.240 --> 12:12.880] Well, I haven't read the whole case, I got about halfway through it, but I was backing [12:12.880 --> 12:17.560] up a little bit from where I previously read there under 4, it says that we agree that [12:17.560 --> 12:22.640] the court of appeals that the Fourth Amendment requires a timely judicial determination of [12:22.640 --> 12:29.640] probable cause as a prerequisite to detention, and we accordingly affirm that much of the [12:29.640 --> 12:30.760] judgment. [12:30.760 --> 12:36.240] As we do not agree that the Fourth Amendment requires the adversary hearing outlined in [12:36.240 --> 12:41.560] the district court's decree, we reverse in part and remand to the court of appeals for [12:41.560 --> 12:45.240] further proceedings consistent with this opinion. [12:45.240 --> 12:49.440] So apparently then they didn't correct any of the rules after that then? [12:49.440 --> 12:57.200] Well, they really, the case wasn't addressing the actual nature of the hearing. [12:57.200 --> 13:01.640] It addressed the issue that the hearing didn't take place at all, that there was no... [13:01.640 --> 13:08.680] Right, they were saying that the prosecutor had the right to just prosecute on information [13:08.680 --> 13:11.560] without a probable cause determination hearing. [13:11.560 --> 13:12.560] Right. [13:12.560 --> 13:17.880] And they didn't get into the adversarial nature of the probable cause hearing. [13:17.880 --> 13:23.160] They're trying to say that it's not an adversarial hearing, that it's not a critical part of [13:23.160 --> 13:28.680] the prosecution, and that can never pass muster. [13:28.680 --> 13:29.680] Because... [13:29.680 --> 13:31.720] That would be a violation of the federal mandate then? [13:31.720 --> 13:37.160] Well, they're saying that the hearing is not a critical stage of the prosecution. [13:37.160 --> 13:43.760] Well, that is the hearing that determines the disposition of the citizen's liberty. [13:43.760 --> 13:49.720] Oh yeah, it's not important at all, who cares? [13:49.720 --> 13:56.960] That particular question hasn't been addressed, and what you just spoke to comes up again, [13:56.960 --> 14:02.240] especially in Texas, because in Texas they're saying it's not an adversarial proceeding [14:02.240 --> 14:03.240] at all. [14:03.240 --> 14:11.240] Well, that's true, it's not because they hold it in secret, and the other party's not allowed [14:11.240 --> 14:14.760] to be there, so there's nothing adversarial about it at all. [14:14.760 --> 14:19.840] The problem with it is, is it's very illegal the way they do it. [14:19.840 --> 14:26.240] Yeah, there's no argument when someone's planning against you behind your back. [14:26.240 --> 14:33.520] Yeah, so there are a number of problems, especially with the way Texas is handled it. [14:33.520 --> 14:38.120] But, okay, I don't want to go to those, we have too many callers, because it'll get into [14:38.120 --> 14:45.000] a long discussion on the movement of jurisdiction. [14:45.000 --> 14:51.640] Well, after reading the criminal procedure rules in Florida, and under 3.130 in Florida, [14:51.640 --> 14:56.840] the first appearance, or I finally found one that tied in with your Texas there, where [14:56.840 --> 15:01.040] it says, every arrested person shall be taken before a judicial officer, either in person [15:01.040 --> 15:06.440] or by electronic or a visual device, in the discretion of the court within 24 hours of [15:06.440 --> 15:08.600] arrest. [15:08.600 --> 15:16.400] And then under 3.131, it goes into pre-trial release under A, and under B, it talks about [15:16.400 --> 15:20.280] hearing at first appearance, and the conditions of release. [15:20.280 --> 15:24.800] It says under that, that the court shall conduct a hearing, now I assume that's the probable [15:24.800 --> 15:25.800] cause hearing? [15:25.800 --> 15:26.800] Yes. [15:26.800 --> 15:33.440] It says it shall conduct a hearing to determine pre-trial release, and bail is defined as [15:33.440 --> 15:36.280] any of the forms of release stated below then. [15:36.280 --> 15:38.720] That's the equivalent of the examining trial here. [15:38.720 --> 15:39.720] Right. [15:39.720 --> 15:46.920] So they don't call it a examining trial, they call it a first appearance hearing. [15:46.920 --> 15:52.920] Whatever they call it, the point of the whole thing is that there has to be some type of [15:52.920 --> 15:58.160] hearing where probable cause is determined and bail is set. [15:58.160 --> 16:04.760] Yeah, and that's very clear in Gerstein Pugh that while it says, and I'll paraphrase because [16:04.760 --> 16:08.940] I don't have it memorized, that it'd be better if every arrest was made on a warrant. [16:08.940 --> 16:16.280] But it is a practical compromise that we allow a police officer to arrest for on-site offense. [16:16.280 --> 16:20.240] And he may hold the person for a reasonable amount of time that it takes to ensure the [16:20.240 --> 16:23.600] safety of the officer and protect against the escape of the accused. [16:23.600 --> 16:28.400] But after those goals are accomplished, his authority to hold evaporates. [16:28.400 --> 16:35.800] He must get the person before a magistrate for an examination. [16:35.800 --> 16:36.800] Right. [16:36.800 --> 16:42.720] In the code now, it said that unless you ask for it to be taken to a judge, you'll be taken [16:42.720 --> 16:43.720] to jail first. [16:43.720 --> 16:44.720] That is... [16:44.720 --> 16:48.280] The code doesn't meet the federal requirements. [16:48.280 --> 16:49.280] That's right. [16:49.280 --> 16:50.280] We'll be right back. [16:50.280 --> 16:51.280] We're about to go to break. [16:51.280 --> 16:52.280] No, no, no. [16:52.280 --> 16:53.280] I'm going to skip the break. [16:53.280 --> 16:54.280] I just sent you a chat, Randy, to let you know. [16:54.280 --> 16:57.640] Yeah, we're going to skip the break so that we can finish up with Christian. [16:57.640 --> 16:58.640] Okay. [16:58.640 --> 16:59.640] Good. [16:59.640 --> 17:05.520] So apparently, you can waive that right if you don't specify it when you're arrested. [17:05.520 --> 17:06.520] No. [17:06.520 --> 17:07.520] No! [17:07.520 --> 17:09.120] That's what they would like you to think. [17:09.120 --> 17:10.120] And that's what... [17:10.120 --> 17:15.440] Even if they legislate that into statute, it's totally unconstitutional. [17:15.440 --> 17:19.040] And that may be what the court was addressing. [17:19.040 --> 17:23.320] To the first appearance, because under the first appearance rule, it doesn't specify [17:23.320 --> 17:26.120] anything about a probable cause hearing there. [17:26.120 --> 17:33.000] And then the other rule, the 3.131 pre-trial release, is the only place where they mention [17:33.000 --> 17:35.160] the conduct of the hearing. [17:35.160 --> 17:36.160] Yes. [17:36.160 --> 17:42.000] Well, what you have to do is apply the constitutional standards or the constitutional requirements [17:42.000 --> 17:44.160] to the statutes. [17:44.160 --> 17:50.000] If the statutes aren't clearly addressing the constitutional requirements, then you [17:50.000 --> 17:53.880] have to superimpose the requirements on top of it. [17:53.880 --> 17:59.680] And Gerstein Pugh, being a Florida case, clearly says that the officer loses his authority [17:59.680 --> 18:01.400] to hold. [18:01.400 --> 18:08.120] They lose subject matter jurisdiction until a magistrate makes a probable cause determination. [18:08.120 --> 18:10.680] Right. [18:10.680 --> 18:12.360] There's no way around that. [18:12.360 --> 18:17.920] The magistrate has to hold a hearing and determine whether to release you at your liberty, release [18:17.920 --> 18:21.400] you on bond, or remand you to the jail. [18:21.400 --> 18:24.680] The only way that's done is in a probable cause hearing. [18:24.680 --> 18:25.680] Okay. [18:25.680 --> 18:30.800] I just wanted to let you know, I was digging into these and coming up with some joiners [18:30.800 --> 18:32.320] into Texas there, so... [18:32.320 --> 18:40.800] Now, what Randy always says, Christian, and I agree, even here in this state where they [18:40.800 --> 18:51.120] are required to take you to a magistrate right away upon arrest, Randy says to still ask [18:51.120 --> 18:57.440] the police to take you to a magistrate, even though you know they're not going to, to demand [18:57.440 --> 19:01.240] that they take you to the nearest magistrate, just for matter of record. [19:01.240 --> 19:06.560] And I would say that across the board for every state, now, it's too bad that the statutes [19:06.560 --> 19:12.480] in Florida are totally unconstitutional, so that needs to be challenged. [19:12.480 --> 19:14.480] That would have to be challenged in court. [19:14.480 --> 19:17.800] That would have to be overturned through the court system, at the federal level, I would [19:17.800 --> 19:21.400] imagine. [19:21.400 --> 19:27.320] In what you read to me, everything is essentially in there. [19:27.320 --> 19:31.400] Except for the fact that they're not required to take someone to a magistrate. [19:31.400 --> 19:33.560] Yeah, they are. [19:33.560 --> 19:37.760] But you'll have to look at the law in paramateria. [19:37.760 --> 19:45.240] But doesn't it say, didn't Christian just say, they're not required to do it unless [19:45.240 --> 19:48.120] the person specifically asks for it? [19:48.120 --> 19:51.600] I mean, isn't that what you said, Christian? [19:51.600 --> 19:53.000] That was in the statutes and code. [19:53.000 --> 19:54.280] That's in the statutes and code. [19:54.280 --> 19:57.920] Okay, so you have to ask to have your rights respected. [19:57.920 --> 19:59.680] I mean, it's kind of ridiculous. [19:59.680 --> 20:02.440] But still, the federal requires it. [20:02.440 --> 20:04.080] That's the point that I'm trying to make. [20:04.080 --> 20:05.560] The federal requires it. [20:05.560 --> 20:07.740] You shouldn't have to ask for it. [20:07.740 --> 20:13.800] There should be no loophole at all that would allow them to not take you to a magistrate. [20:13.800 --> 20:17.720] That's the point I'm trying to make here with tying in this Pew case in with what I just [20:17.720 --> 20:18.720] said. [20:18.720 --> 20:23.200] Because the determination, according to what they mentioned here, that there were some [20:23.200 --> 20:27.520] unconstitutional things, but they have to be brought out yet. [20:27.520 --> 20:31.440] Yeah, you have to ask the right question to get the right answer. [20:31.440 --> 20:36.760] And there's a lot of these areas that I look at, and I'm amazed that nobody's ever asked [20:36.760 --> 20:37.760] the question. [20:37.760 --> 20:39.160] Well, I used to be amazed. [20:39.160 --> 20:44.640] If there was any constitutional change that you knew of, ask this Gerstein case. [20:44.640 --> 20:46.080] It's one. [20:46.080 --> 20:56.200] Now, I haven't looked at Florida law directly to isolate these issues, but that's why you [20:56.200 --> 20:57.640] need to read the whole thing. [20:57.640 --> 21:00.640] Yeah, well, I haven't got there yet. [21:00.640 --> 21:01.640] It'll come together. [21:01.640 --> 21:08.280] You're digging into the specifics of the statutes, and as you read through them, you'll see that [21:08.280 --> 21:12.480] the pieces start fitting together, and where the empty places are become obvious. [21:12.480 --> 21:15.800] Yeah, and good for you for reading it, Christian. [21:15.800 --> 21:18.440] Well, I chew up the codes. [21:18.440 --> 21:19.440] Good. [21:19.440 --> 21:20.440] Good for you. [21:20.440 --> 21:23.840] But more on a commercial venue, though. [21:23.840 --> 21:27.960] Prosecutors and police are going to hate seeing you coming. [21:27.960 --> 21:30.400] Well, we all need to do it. [21:30.400 --> 21:34.160] The night that we were up late, remember all that was, what, two weeks ago on that Monday? [21:34.160 --> 21:35.760] Yeah, on Friday, yeah. [21:35.760 --> 21:40.960] Okay, I said I was going to post up on the forum there that abatement, or not abatement, [21:40.960 --> 21:43.400] the Fair Debt Collection Practice Act. [21:43.400 --> 21:47.200] So I've posted that up on the site in the forum, so if anybody wants to check out that... [21:47.200 --> 21:50.600] You posted it on the forum or as a comment on the... [21:50.600 --> 21:51.600] Forum, on the forum. [21:51.600 --> 22:00.360] Okay, good, good, good, because I just want to give an apology, just a clarification. [22:00.360 --> 22:08.040] I have had to deny some comments that people have posted on the archive page because they [22:08.040 --> 22:13.040] were like 10 pages long, for one thing, and other people have posted comments that were [22:13.040 --> 22:17.960] not comments or just archived descriptions at all, but rather discussions of their own [22:17.960 --> 22:25.680] personal case, and that is not why I enabled comments on the archive page, okay? [22:25.680 --> 22:31.280] The archive page, I set it up as a blog rather than just an HTML page to post links so that [22:31.280 --> 22:35.880] people could help me write descriptions of the archives, and that's what it's for, and [22:35.880 --> 22:37.720] that's what it's for only, okay? [22:37.720 --> 22:43.480] So I've gotten some crapola from some people saying, oh, you moderate the archive comments. [22:43.480 --> 22:45.400] Yeah, I moderate the archive comments. [22:45.400 --> 22:46.560] I'm not going to apologize for that. [22:46.560 --> 22:52.200] I do moderate the archive comments because I'm not going to let it just turn into craziness. [22:52.200 --> 22:55.760] The comments are there for people to make archived descriptions and archived descriptions [22:55.760 --> 23:00.920] only, and not 10 page long descriptions either of going off on tangents. [23:00.920 --> 23:07.800] So I welcome and appreciate and want people to post comments that are archived descriptions, [23:07.800 --> 23:12.680] but that's it, and if you want to go off on rants and tangents, that's what the forum [23:12.680 --> 23:13.680] is for. [23:13.680 --> 23:18.720] So I'm just going to make that clear, and I rarely, I don't think I've ever taken anything [23:18.720 --> 23:22.760] down on the, well, I have had to take a few things down on the forum, but I pretty much [23:22.760 --> 23:23.920] let the forum go. [23:23.920 --> 23:24.920] So... [23:24.920 --> 23:27.240] Well, I posted it on the forum, so it's up there. [23:27.240 --> 23:28.240] All right, thank you, Christian. [23:28.240 --> 23:32.080] There's another one I said last night, the other week, I talked to you, do you see what [23:32.080 --> 23:34.280] I see and you see, see? [23:34.280 --> 23:35.280] Nice. [23:35.280 --> 23:37.960] So it's commercial oriented, so... [23:37.960 --> 23:43.120] All right, well, excellent, okay, well, let's move on to some other callers unless you have [23:43.120 --> 23:44.120] anything else, Christian. [23:44.120 --> 23:45.120] That's it. [23:45.120 --> 23:46.120] All right, thank you. [23:46.120 --> 23:47.120] Okay. [23:47.120 --> 23:50.080] We are going to go now to Matt in Texas. [23:50.080 --> 23:51.400] Matt, thanks for calling in. [23:51.400 --> 23:52.880] What's on your mind tonight? [23:52.880 --> 23:55.880] Hey, thanks for taking my call. [23:55.880 --> 23:59.920] I've got a couple of questions. [23:59.920 --> 24:09.320] One is, Randy's referred to some Code of Criminal Procedure statute that limits the clerk from [24:09.320 --> 24:14.520] to only asking two questions, and I was wondering what the statute was. [24:14.520 --> 24:19.480] 552 Government Code. [24:19.480 --> 24:21.800] That's the Open Government Act. [24:21.800 --> 24:29.600] It says the custodian of the record may make no inquiry of the requester other than to [24:29.600 --> 24:34.320] determine his identity and the record's thought. [24:34.320 --> 24:35.320] Okay. [24:35.320 --> 24:42.680] Now, how this works is that particular issue is not addressed in the Code of Criminal Procedure. [24:42.680 --> 24:43.840] Okay. [24:43.840 --> 24:48.080] So since it's not addressed in the Code of Criminal Procedure, it is addressed in the [24:48.080 --> 24:54.560] Government Code, so we can pull the Government Code in and use it in an area that's not addressed [24:54.560 --> 24:59.040] by the Code of Criminal Procedure, just like we could go on back and pull in the common [24:59.040 --> 25:04.640] law on issues that aren't addressed in any of the statutory law. [25:04.640 --> 25:08.360] And if we have an issue that's not addressed in the state at all, we can go to another [25:08.360 --> 25:17.640] state and pull, you know, people talk about using statutes from other states. [25:17.640 --> 25:22.360] They just want to go find a statute they like and bring it into their state and use it. [25:22.360 --> 25:29.200] Well, you can't do that if there is an issue that's already addressed in your state. [25:29.200 --> 25:31.940] Then you have to use the state law. [25:31.940 --> 25:38.320] But if there's an issue that state law doesn't touch on, for instance, New Mexico has no [25:38.320 --> 25:43.660] official oppression statute, doesn't address it at all. [25:43.660 --> 25:51.160] So we can come to Texas and pull Texas's statute and use it in New Mexico. [25:51.160 --> 25:59.080] Here you can use the Government Code to stipulate how the custodian of the record being the [25:59.080 --> 26:03.320] clerk of the court exercises its function. [26:03.320 --> 26:11.040] Now the clerk may make the argument that that 552 Government Code doesn't apply to her. [26:11.040 --> 26:15.320] Well, tell it to the judge, Bubba. [26:15.320 --> 26:17.840] Maybe the judge will buy that story, I don't care. [26:17.840 --> 26:22.880] I get to make the allegation, I get to put you in front of the grand jury. [26:22.880 --> 26:28.920] And if you get indicted by the grand jury, they're going to jerk you out of office anyway. [26:28.920 --> 26:31.280] And you might just win in the end. [26:31.280 --> 26:32.880] I don't really care. [26:32.880 --> 26:37.800] All I want to do is jerk your chain and make you not screw around with me anymore. [26:37.800 --> 26:38.800] So yeah, that's where it's at. [26:38.800 --> 26:40.520] It's in 552 Government Code. [26:40.520 --> 26:42.000] Okay, good. [26:42.000 --> 26:43.760] But that's a big one. [26:43.760 --> 26:46.760] That's a book. [26:46.760 --> 26:48.280] It's a book. [26:48.280 --> 26:53.320] In Nevada, the open records law is one paragraph. [26:53.320 --> 26:59.320] In Texas, it's a 112-page book. [26:59.320 --> 27:01.360] Okay. [27:01.360 --> 27:08.400] I would assume I could just go online and enter in a search for 552 Government Code. [27:08.400 --> 27:12.000] Now go to the attorney general. [27:12.000 --> 27:14.560] He'll have a full-text copy there. [27:14.560 --> 27:19.320] You can call the attorney general and they'll send you a booklet containing 552, 553. [27:19.320 --> 27:22.720] 553 is open meetings. [27:22.720 --> 27:27.000] They'll send you a little booklet they print out with the whole thing in it. [27:27.000 --> 27:28.000] Okay. [27:28.000 --> 27:31.960] So do you keep that little booklet on hand any time you go down there just to cite that? [27:31.960 --> 27:32.960] No, I haven't. [27:32.960 --> 27:34.560] I have it in a long time. [27:34.560 --> 27:40.160] I used to get one every year, but I've got so busy with other things that I haven't done [27:40.160 --> 27:41.160] that. [27:41.160 --> 27:45.760] I don't quote them law anymore if I can avoid it. [27:45.760 --> 27:49.660] The only time I talk about law is when I'm talking to an attorney or something. [27:49.660 --> 27:56.280] If I go before the clerk or custodian of the record and I ask them for records and they [27:56.280 --> 28:03.280] ask me why I want them, I don't quote statute to them. [28:03.280 --> 28:04.280] I dial 9-1-1. [28:04.280 --> 28:05.280] Right. [28:05.280 --> 28:11.640] They don't want to hear my legal advice, so I don't give it to them. [28:11.640 --> 28:19.160] When the cop comes down there though, I mean, you got to tell them what the clerk is actually [28:19.160 --> 28:20.160] a violation of. [28:20.160 --> 28:21.160] Yeah. [28:21.160 --> 28:22.160] Yeah. [28:22.160 --> 28:23.160] That's how I do it. [28:23.160 --> 28:24.160] I don't tell them. [28:24.160 --> 28:31.920] You know, I just tell them to... I don't quote statute to them as a rule. [28:31.920 --> 28:34.440] She's demanding to know why I want these records. [28:34.440 --> 28:36.360] I want you to arrest her. [28:36.360 --> 28:37.360] Okay. [28:37.360 --> 28:42.320] Yeah, because they should know already, and they're not going to listen to you if you [28:42.320 --> 28:49.000] try to tell them, well, you aren't allowed to ask or that's not what the law says. [28:49.000 --> 28:54.560] They have their training and their boss tells them the way to do things, and so it's not [28:54.560 --> 29:01.320] even use... It's totally useless to try to debate with them anyway, or try to teach them. [29:01.320 --> 29:02.760] We're not here to teach them. [29:02.760 --> 29:03.760] Yeah. [29:03.760 --> 29:05.440] Well, he does have a point. [29:05.440 --> 29:11.400] If you ask the policeman to arrest someone and they have no clue why, if you put the [29:11.400 --> 29:18.920] statute in their face, it puts them on the dime, and yeah, that is a good idea. [29:18.920 --> 29:25.400] I know it's in... I just tell them it's in 552 Government Code. [29:25.400 --> 29:31.000] I don't get any closer than that, but yeah, that is a good idea, and it's good to have [29:31.000 --> 29:32.000] it in your hand. [29:32.000 --> 29:33.000] Okay. [29:33.000 --> 29:35.000] Listen, Matt, do you have any other questions? [29:35.000 --> 29:37.280] Do you want to continue on the other side? [29:37.280 --> 29:38.280] Yeah, please. [29:38.280 --> 29:39.280] We've got one more question. [29:39.280 --> 29:40.280] Okay. [29:40.280 --> 29:41.280] All right. [29:41.280 --> 29:42.280] One more quick question. [29:42.280 --> 29:43.280] All right. [29:43.280 --> 29:44.280] Callers 512-646-1984. [29:44.280 --> 29:48.680] We got about four people on the bridge right now, but we do have another hour and a half, [29:48.680 --> 29:49.680] so feel free to call in. [29:49.680 --> 29:50.680] We're going to take all your calls. [29:50.680 --> 29:58.560] We'll be right back. [29:58.560 --> 30:02.560] Bold prices are at historic highs, and with the recent pullback, this is a great time [30:02.560 --> 30:03.560] to buy. [30:03.560 --> 30:08.040] With the value of the dollar, risks of inflation, geopolitical uncertainties, and instability [30:08.040 --> 30:11.560] in world financial systems, I see gold going up much higher. [30:11.560 --> 30:14.880] Hi, I'm Tim Fry at Roberts and Roberts Brokerage. [30:14.880 --> 30:18.640] Everybody should have some of their assets in investment-grade precious metals. [30:18.640 --> 30:22.580] At Roberts and Roberts Brokerage, you can buy gold, silver, and platinum with confidence [30:22.580 --> 30:27.600] from a brokerage that's specialized in the precious metals market since 1977. [30:27.600 --> 30:31.340] If you are new to precious metals, we will happily provide you with the information you [30:31.340 --> 30:35.760] need to make an informed decision whether or not you choose to purchase from us. [30:35.760 --> 30:40.080] Also, Roberts and Roberts Brokerage values your privacy and will always advise you in [30:40.080 --> 30:43.480] the event that we would be required to report any transaction. [30:43.480 --> 30:47.640] If you have gold, silver, or platinum you'd like to sell, we can convert it for immediate [30:47.640 --> 30:48.640] payment. [30:48.640 --> 30:52.360] Call us at 800-874-9760. [30:52.360 --> 30:56.360] We're Roberts and Roberts Brokerage, 800-874-9760. [30:56.360 --> 30:57.360] Hello. [30:57.360 --> 30:58.360] Yes, George. [30:58.360 --> 30:59.360] How good of you to call. [30:59.360 --> 31:00.360] Yeah. [31:00.360 --> 31:01.360] We had dinner with the Chaneys last week. [31:01.360 --> 31:02.360] Mm-hmm. [31:02.360 --> 31:03.360] We had a great time. [31:03.360 --> 31:21.040] Just sitting around talking about politics, you know, and I saw when Mr. Chaney was paying [31:21.040 --> 31:30.320] for the tab, I saw a big red stain on his wallet, and I was thinking to myself, heaven, [31:30.320 --> 31:34.240] you know, the war must be going splendid. [31:34.240 --> 31:46.780] Mm, seeing red money, red money is here, it's worth its weight in fuel, red money. [31:46.780 --> 31:54.960] Out on a soldier's death, because the money's so red as red money. [31:54.960 --> 32:02.960] It's all soaked up in blood with jackboots in the mud, it's red money [32:02.960 --> 32:11.960] It used to be so green, the greenest money that I ever seen [32:11.960 --> 32:20.960] They used to back it up with silver and gold, way back in the days of old [32:20.960 --> 32:28.960] Oh mommy, oh mommy, please protect us from the bloody commies [32:28.960 --> 32:36.960] Free republic that I used to know, starting to look just like the manifesto [32:36.960 --> 32:53.960] Whoa, look at all that red money, red money [32:53.960 --> 33:01.960] I've come far enough to buy this gun, everybody get some red money [33:01.960 --> 33:10.960] Staying in a team called SWAT to prop up the fiat red money [33:10.960 --> 33:18.960] Two billion a day just to keep afloat, red china's got us right by the throat with red money [33:18.960 --> 33:25.960] The banks get the gold plus a free ride, funding wars from both sides with red money [33:25.960 --> 33:33.960] Red money used to be so green, the greenest money that I ever seen [33:33.960 --> 33:42.960] They used to back it up with silver and gold, way back in the days of old [33:42.960 --> 33:50.960] Oh mommy, oh mommy, please protect us from the bloody commies [33:50.960 --> 33:58.960] Free republic that I used to know, starting to look just like the manifesto [33:58.960 --> 34:17.960] Whoa, look at all that red money, red money [34:17.960 --> 34:23.960] The manifesto plank is a private central bank printing red money [34:23.960 --> 34:30.960] Red money really got some nerve down at the federal reserve printing red money [34:30.960 --> 34:38.960] Got some nerve down at the federal reserve man, cash carry, all those guys, give me a break [34:38.960 --> 34:45.960] Alright, we are speaking with Matt in Texas, he had one other question and then we are going to move on to other callers [34:45.960 --> 34:47.960] Go ahead Matt [34:47.960 --> 34:54.960] Okay, so I read over the writ of habeas corpus that Randy wrote up, to me it looked brilliant [34:54.960 --> 35:01.960] And the question that I have is how would somebody apply that if they were arrested in jail [35:01.960 --> 35:09.960] Because it was my understanding that the writ was to actually bring the body forward so somebody would actually do that on your behalf [35:09.960 --> 35:19.960] Okay, if you get arrested, contact me, I have taken the writ and broken it down into separate pieces [35:19.960 --> 35:23.960] I have a motion to disqualify the arresting officer [35:23.960 --> 35:31.960] And I take the first part of the writ that addresses the arresting officer and what he's done and the trespass ab initio [35:31.960 --> 35:37.960] And I claim that the arresting officer cannot be considered a credible witness because he's a criminal [35:37.960 --> 35:41.960] He committed these criminal acts and therefore he's disqualified as a credible witness [35:41.960 --> 35:45.960] And this leaves the state without a credible witness [35:45.960 --> 35:53.960] So it has no prosecution, move to disqualify the officer and dismiss the case [35:53.960 --> 35:58.960] Then I go to the magistrate, move to disqualify the magistrate because he committed crimes [35:58.960 --> 36:10.960] And I go through the section from arrest through the lack of probable cause hearing, I accuse the magistrate of everything in the book [36:10.960 --> 36:15.960] About six or eight class A misdemeanors, a couple felonies [36:15.960 --> 36:22.960] I even tie the magistrate back to the arresting officer committing aggravated kidnapping [36:22.960 --> 36:32.960] Move to disqualify the magistrate and disqualifying the magistrate eliminates the determination of probable cause [36:32.960 --> 36:40.960] And then I go to the prosecuting attorney and then to the trial judge claiming that the trial judge [36:40.960 --> 36:53.960] Had a duty to determine that these factors existed before so that he could determine whether or not he had subject matter jurisdiction [36:53.960 --> 36:58.960] So I step through each one of them in a set of motions and then I use the same [36:58.960 --> 37:02.960] And then I have a due process motion that's developed from the whole thing [37:02.960 --> 37:12.960] And then I've got a speedy trial motion, a motion to dismiss for speedy trial and a demand for speedy trial [37:12.960 --> 37:15.960] I've got a lot of really fun motions [37:15.960 --> 37:24.960] I understood much of what you had written down in terms of like a procedure [37:24.960 --> 37:29.960] Once you were actually I guess out on bail and how to go to attack them at that point in time [37:29.960 --> 37:36.960] But it was just my concern how exactly would I deal with that situation if I were in jail [37:36.960 --> 37:40.960] And knowing like you're talking about Robert Fox, which I had read about as well [37:40.960 --> 37:47.960] How he had basically been thrown in jail and he's not going to have access to a computer to draw up these documents [37:47.960 --> 37:51.960] And I wonder whether or not he's even going to have access to a phone [37:51.960 --> 37:55.960] So in that situation what does somebody really do? [37:55.960 --> 37:58.960] That's why I'm putting together a litigation engine [37:58.960 --> 37:59.960] Okay [37:59.960 --> 38:03.960] So if someone's in jail, they're trapped [38:03.960 --> 38:06.960] You really need someone outside [38:06.960 --> 38:07.960] Right [38:07.960 --> 38:11.960] Someone outside can bring us the information [38:11.960 --> 38:18.960] Matter of fact, today I was finishing up the questionnaire in a format that I can put it on a website [38:18.960 --> 38:26.960] And you fill it out and it will take all of your answers, convert them to an email and a file and send them to me [38:26.960 --> 38:33.960] And I can take those and use it to fill in a set of example documents [38:33.960 --> 38:39.960] What this is is I'm going to call it rule of law school [38:39.960 --> 38:46.960] And these are example documents to teach you about due process [38:46.960 --> 38:51.960] And these documents are very accurate [38:51.960 --> 38:56.960] They are so accurate that all you have to do is sign one and file it [38:56.960 --> 38:59.960] And it would file just like any other legal document [38:59.960 --> 39:07.960] Yeah, and so the point that we're trying to make here is that we are not preparing legal documents for people [39:07.960 --> 39:10.960] Okay, we got to make that very clear [39:10.960 --> 39:14.960] This is for educational purposes only [39:14.960 --> 39:24.960] And actually they're template documents that really you could just take the templates and fill in the information yourself anyway [39:24.960 --> 39:27.960] And this is supported by case law [39:27.960 --> 39:36.960] And Westlaw, Lexis, there's a number, O'Connor's has a set of forms [39:36.960 --> 39:41.960] O'Connor's forms has a motion form for everything you can think of [39:41.960 --> 39:48.960] And what you do is you download the form or you take the form and open it in Word [39:48.960 --> 39:53.960] And everywhere you put something in there's a little notation there that tells you what to put in [39:53.960 --> 39:57.960] So you go take out their notation and replace it with the information [39:57.960 --> 40:07.960] So what we're doing with ours is instead of you having to go in and take out their notation and put in the information [40:07.960 --> 40:12.960] We put a mail merge field in there instead [40:12.960 --> 40:24.960] So you fill out a questionnaire and the answers to the questionnaire become the fields in the document [40:24.960 --> 40:28.960] So when the questionnaire asks you for your first name, middle name, last name [40:28.960 --> 40:32.960] Everywhere in the document that your name would be put in [40:32.960 --> 40:37.960] When we run the merge program it just dumps it all in there [40:37.960 --> 40:43.960] So it's just a step up from what everybody else has been doing, it's just a step up in automation [40:43.960 --> 40:48.960] And the motions for the most part are generic [40:48.960 --> 40:57.960] And we will increase the sophistication in that there are areas in the motion like in O'Connor's it'll say [40:57.960 --> 41:03.960] Interstate of fact statement of facts here or in a certain [41:03.960 --> 41:07.960] There may be places where instead of putting in a yes or a no or a name [41:07.960 --> 41:12.960] You'll put in a paragraph or two of an explanation and it'll drop that in the document [41:12.960 --> 41:19.960] So what this is intended to do is actually create the document for you [41:19.960 --> 41:20.960] Great [41:20.960 --> 41:25.960] I don't create the document, the computer does, so this keeps us from having any problem with [41:25.960 --> 41:33.960] Well yeah, but we really can't even do that until we set up the web interface [41:33.960 --> 41:42.960] Because we can't take information from people and take that information and run it through our own [41:42.960 --> 41:48.960] Mail merge or whatever system on our computer and then give you PDF files or whatever [41:48.960 --> 41:53.960] We can't do that, okay, because that's creating a legal document for somebody [41:53.960 --> 41:59.960] But what we can do is that we can set up a web interface with a questionnaire [41:59.960 --> 42:04.960] An interactive questionnaire where you would be presented with questions [42:04.960 --> 42:08.960] And you would answer the questions and then you would be [42:08.960 --> 42:17.960] And then the web-based application would do all the work and email you a PDF file [42:17.960 --> 42:20.960] That is definitely backed up by case law [42:20.960 --> 42:24.960] But what Randy's presenting, the emailing stuff to him [42:24.960 --> 42:30.960] And having him do it and emailing it back is a little bit on the gray area side [42:30.960 --> 42:36.960] So we have to be very careful about that sort of thing and how we actually work that [42:36.960 --> 42:43.960] And keeping in mind it's all for instructional purposes only [42:43.960 --> 42:48.960] Sure, what's the timeline on getting that wrapped up, do you think? [42:48.960 --> 42:52.960] It's getting hard to say, I thought I would have it a long time ago [42:52.960 --> 42:57.960] But with setting up this network and all the other things we're doing [42:57.960 --> 43:00.960] We're both totally swamped [43:00.960 --> 43:03.960] So I keep setting a time and I'm not reaching it [43:03.960 --> 43:07.960] I'm hoping within a month I can have this thing working [43:07.960 --> 43:13.960] I'm going to put together sort of a beta prototype here in the next couple of weeks [43:13.960 --> 43:18.960] And get some folks just to send me some information so I can run it through [43:18.960 --> 43:22.960] I need to merge some of these together with other people's information [43:22.960 --> 43:27.960] So I can look at how the documents create themselves [43:27.960 --> 43:31.960] Because I'm going to get surprises as I do this [43:31.960 --> 43:35.960] So I'm going to start using some beta stuff pretty soon [43:35.960 --> 43:39.960] Okay, listen, we're going to break and then we need to move on to other callers, okay? [43:39.960 --> 43:41.960] Alright, thank you [43:41.960 --> 43:43.960] Alright, next we're going to take George in Texas [43:43.960 --> 43:46.960] We've got Eddie, Mark, Vince from California, Kenneth from Georgia [43:46.960 --> 43:49.960] We'll be right back on the other side [43:57.960 --> 44:00.960] Stock markets are taking hit after hit [44:00.960 --> 44:03.960] Corrupt bankers are choking on subprime debt [44:03.960 --> 44:07.960] The Fed is busy printing dollars, dollars and more dollars [44:07.960 --> 44:11.960] To bail out Wall Street banks and the U.S. car industry [44:11.960 --> 44:14.960] As investors scramble for safety in the metals [44:14.960 --> 44:17.960] In the face of a further devaluation of the dollar [44:17.960 --> 44:20.960] The price of silver will only increase [44:20.960 --> 44:27.960] Some of the world's leading financial analysts believe that silver is one of the world's most important commodities [44:27.960 --> 44:30.960] With unparalleled investment opportunity for the future [44:30.960 --> 44:36.960] Now is the time to buy silver before it heads for $75 an ounce [44:36.960 --> 44:42.960] And the yellow metal roars back past $1,000 an ounce to new highs [44:42.960 --> 44:48.960] Call Maximus Holdings now at 407-608-5430 [44:48.960 --> 44:54.960] To find out how you can turn your IRA and 401k into a solid investment [44:54.960 --> 44:57.960] Silver, without any penalties for early withdrawal [44:57.960 --> 45:00.960] Even if you don't have a retirement account yet [45:00.960 --> 45:03.960] We have fantastic investment opportunities for you [45:03.960 --> 45:10.960] Call Maximus Holdings at 407-608-5430 for more information [45:34.960 --> 45:40.960] These warmongers come by that term rightly [45:43.960 --> 45:47.960] I won't pay for the war with my body [45:47.960 --> 45:50.960] Ain't gonna pay for the car with my money [45:50.960 --> 45:53.960] I won't pay for the fun with my body [45:53.960 --> 45:57.960] Their plans wicked and their logic shoddy [45:57.960 --> 46:00.960] Ain't gonna pay for the oil with my body [46:00.960 --> 46:04.960] I won't pay for the boys with my money [46:04.960 --> 46:08.960] Ain't gonna pay for the kids with my body [46:08.960 --> 46:11.960] Their whole agenda smells funny [46:11.960 --> 46:16.960] I wanna fight in a war of my own [46:18.960 --> 46:23.960] That one would be less accidental [46:23.960 --> 46:28.960] I wanna pay for a war of my own [46:30.960 --> 46:36.960] They live in glass houses so I can watch them throw bones [46:37.960 --> 46:40.960] I wanna fight in a war I can win [46:40.960 --> 46:44.960] I can never win the one they let me in [46:44.960 --> 46:48.960] That one I lose long before it begins [46:48.960 --> 46:51.960] I wanna pay for a war I can win [46:51.960 --> 46:57.960] When I'm fighting in my own war [46:58.960 --> 47:02.960] It's such a peaceful feeling [47:05.960 --> 47:11.960] When I'm paying for my own war [47:12.960 --> 47:16.960] I take time for the healing [47:16.960 --> 47:20.960] Yeah [47:22.960 --> 47:27.960] It's all according to the will of the Almighty [47:29.960 --> 47:31.960] I read this book and it says [47:31.960 --> 47:33.960] Alright, we are back. [47:33.960 --> 47:37.960] The Rule of Law, Randy Kelton and Deborah Stevens [47:37.960 --> 47:41.960] on RuleOfLawRadio.com [47:41.960 --> 47:43.960] Three Shoes Posse [47:43.960 --> 47:47.960] We're gonna fight our own war, our own terms. [47:47.960 --> 47:49.960] We're setting the stage. Callers, if you'd like to call in [47:49.960 --> 47:52.960] 512-646-1984 [47:52.960 --> 47:54.960] We have George from Texas. [47:54.960 --> 47:57.960] Hey George, thanks for calling in. What's on your mind tonight? [47:57.960 --> 48:00.960] Oh, guess what? I got something in the mail so terrifying. [48:00.960 --> 48:02.960] I don't think you guys are gonna talk me out of it. [48:02.960 --> 48:05.960] You're gonna tell me to suck it up and do my duty. [48:05.960 --> 48:09.960] I haven't been in Texas for six months and they already called me for jury duty. [48:09.960 --> 48:12.960] Oh my goodness. [48:12.960 --> 48:18.960] I've been in Texas for 30 years and can't get them to call me for jury duty. [48:18.960 --> 48:22.960] Yeah, I wouldn't try to get out of it, George. Come on. [48:22.960 --> 48:24.960] I'm not gonna get out of it. [48:24.960 --> 48:27.960] It's your opportunity to make a difference. [48:27.960 --> 48:31.960] No, I gotta say, I'm just joking. I'm gonna do it. [48:31.960 --> 48:36.960] It'll be your opportunity to drive the judge up the wall. [48:36.960 --> 48:41.960] That means if a person is being convicted for an unconstitutional law [48:41.960 --> 48:43.960] I can hang the jury. [48:43.960 --> 48:46.960] Yes, you can. That is one of the jury's powers. [48:46.960 --> 48:51.960] A jury can decide to declare a person not guilty [48:51.960 --> 48:55.960] because the jurors believe that the law is unconstitutional. [48:55.960 --> 48:57.960] That is true. [48:57.960 --> 49:00.960] I mean, also too, if it's a case that's questionable [49:00.960 --> 49:03.960] and it's like the evidence they're giving is shoddy, [49:03.960 --> 49:05.960] you can't get the question out of bench. [49:05.960 --> 49:07.960] You can't get the question out of prosecutor. [49:07.960 --> 49:10.960] Can a jury do a cross-examination question? [49:10.960 --> 49:11.960] No. [49:11.960 --> 49:12.960] No, no, sorry. [49:12.960 --> 49:17.960] Grand jurors can investigate and ask questions of witnesses, [49:17.960 --> 49:19.960] but petit juries cannot. [49:19.960 --> 49:22.960] Okay. I've also been reading an article. [49:22.960 --> 49:24.960] It was a very good article. [49:24.960 --> 49:27.960] It was by Dr. Ed Viera. [49:27.960 --> 49:30.960] Have you heard of him on News Reviews? [49:30.960 --> 49:32.960] No. [49:32.960 --> 49:34.960] You're talking about Ed Riviera? [49:34.960 --> 49:36.960] Yeah, or something like that. [49:36.960 --> 49:38.960] Yeah, Riviera. Oh, yeah. [49:38.960 --> 49:41.960] I read an article that you wrote about like three weeks ago [49:41.960 --> 49:45.960] when it talks about President Obama's eligibility question, [49:45.960 --> 49:49.960] and they say when he starts passing these radical laws, [49:49.960 --> 49:51.960] these unconstitutional laws, [49:51.960 --> 49:56.960] that his eligibility might be brought in question in court at trials. [49:56.960 --> 50:00.960] Like, this law is not legitimate. He's not eligible. [50:00.960 --> 50:02.960] Type an argument. [50:02.960 --> 50:04.960] Could you see that coming down the pike? [50:04.960 --> 50:09.960] Yes. I was concerned that they put Obama in [50:09.960 --> 50:13.960] so that they could use this issue to blow him out [50:13.960 --> 50:17.960] and put Biden in his place. [50:17.960 --> 50:22.960] Well, also, too, in my son's school, [50:22.960 --> 50:27.960] the first week inauguration, after the inauguration, [50:27.960 --> 50:29.960] the parents and students were complaining [50:29.960 --> 50:32.960] because they were trying to hang these big posters of Obama [50:32.960 --> 50:35.960] all over the school, and the parents and students complained [50:35.960 --> 50:39.960] because I think they were trying to push the Obama propaganda, [50:39.960 --> 50:42.960] and nobody wanted it. [50:42.960 --> 50:46.960] Well, the public is waking up. [50:46.960 --> 50:49.960] The public's getting stung good and hard now, [50:49.960 --> 50:51.960] and it's waking them up. [50:51.960 --> 50:55.960] We don't talk about people being awake or asleep anymore, [50:55.960 --> 50:58.960] because everybody's awake, and for the most part, [50:58.960 --> 51:03.960] the people that wake up because they have to, [51:03.960 --> 51:06.960] they're going to wake up angry. [51:06.960 --> 51:09.960] Well, it's like they say, he woke up the American sleeping giant, [51:09.960 --> 51:12.960] and the sleeping giant woke from his beauty sleep, [51:12.960 --> 51:14.960] and nobody likes to be awoken from their beauty sleep. [51:14.960 --> 51:18.960] That's right, and these guys are going to be having problems. [51:18.960 --> 51:22.960] Okay, for next week, for the next, I think, how much time, [51:22.960 --> 51:24.960] I can't call in or listen to your show, [51:24.960 --> 51:26.960] because I'm going to be on the panel. [51:26.960 --> 51:29.960] Okay, when you go down there, though, you have to play really stupid. [51:29.960 --> 51:31.960] They may not pick you, George. [51:31.960 --> 51:34.960] I know. [51:34.960 --> 51:37.960] Unless you play really complacent and stupid, [51:37.960 --> 51:39.960] then they'll love to have you on their jury. [51:39.960 --> 51:43.960] Oh, did you see who sang on American Idol? [51:43.960 --> 51:44.960] No. [51:44.960 --> 51:46.960] That was stupid. [51:46.960 --> 51:48.960] No, I don't watch TV. [51:48.960 --> 51:51.960] Or who was on Dancing with the Stars last night? [51:51.960 --> 51:54.960] Oh, yeah, that would work. [51:54.960 --> 51:58.960] That'll get you on there. [51:58.960 --> 52:00.960] Oh, Deb, he was just playing stupid. [52:00.960 --> 52:02.960] Yeah, I realized that. [52:02.960 --> 52:05.960] I thought he was trying to ask us a question for a minute, [52:05.960 --> 52:08.960] and I was changing the subject or something. [52:08.960 --> 52:09.960] I was like, huh? [52:09.960 --> 52:11.960] He should really be good at it. [52:11.960 --> 52:14.960] I mean, he is a truck driver after all. [52:14.960 --> 52:16.960] Yeah. [52:16.960 --> 52:19.960] But anyway, like I say, I can't call in the show [52:19.960 --> 52:22.960] or listen to Alex Jones for a few days. [52:22.960 --> 52:24.960] I can't let my decision be influenced [52:24.960 --> 52:26.960] if I'm going to be on the panel. [52:26.960 --> 52:27.960] Oh, boy, OK. [52:27.960 --> 52:29.960] All right, I'm going to make room for other callers. [52:29.960 --> 52:30.960] All right, thanks, George. [52:30.960 --> 52:32.960] Thank you. [52:32.960 --> 52:35.960] All right, we're going to go now to Eddie in Texas. [52:35.960 --> 52:36.960] Hey, Eddie, thanks for calling in. [52:36.960 --> 52:38.960] What's on your mind tonight? [52:38.960 --> 52:39.960] Hi, Deborah, Randy. [52:39.960 --> 52:40.960] How are you all tonight? [52:40.960 --> 52:41.960] Hello, we're doing well. [52:41.960 --> 52:42.960] How about yourself? [52:42.960 --> 52:43.960] I'm good. [52:43.960 --> 52:45.960] I actually called in the other night. [52:45.960 --> 52:47.960] Last night, I believe, I talked to Randy. [52:47.960 --> 52:49.960] But, Randy, I got some questions for you [52:49.960 --> 52:53.960] about the government code that you were talking about earlier. [52:53.960 --> 52:55.960] Have you ever taken a real good look [52:55.960 --> 52:59.960] at Chapter 311 Code Construction Act? [52:59.960 --> 53:03.960] Wait, wait, in government code? [53:03.960 --> 53:05.960] No. [53:05.960 --> 53:08.960] Code Construction Act Chapter 311 [53:08.960 --> 53:10.960] says that it is the code that controls [53:10.960 --> 53:13.960] all the other codes written in Texas. [53:13.960 --> 53:17.960] And it gives specific definitions for some terms [53:17.960 --> 53:20.960] relative to all the codes. [53:20.960 --> 53:24.960] One of those, it's in the definition section, [53:24.960 --> 53:26.960] but if you read it, it's not a definition. [53:26.960 --> 53:33.960] It says the term person includes, not means, but includes. [53:33.960 --> 53:36.960] And if you'll notice that everything in it [53:36.960 --> 53:40.960] is a commercial fictitious legal entity, [53:40.960 --> 53:44.960] including government agencies and offices. [53:44.960 --> 53:48.960] Now, what that means is if you go and look at all these statutes, [53:48.960 --> 53:54.960] it says a person commits an offense, if. [53:54.960 --> 53:57.960] And then, if it defines the term person [53:57.960 --> 53:59.960] within that particular statute, [53:59.960 --> 54:02.960] the government code says unless that statute [54:02.960 --> 54:06.960] roughly separates itself from the government code, [54:06.960 --> 54:08.960] the government code is controlling [54:08.960 --> 54:11.960] unless they are specifically in conflict. [54:11.960 --> 54:15.960] I think I'm going to like this. [54:15.960 --> 54:18.960] What I've come up with on this is since the term [54:18.960 --> 54:22.960] in the government code is governing over the rest [54:22.960 --> 54:27.960] and control, since it's an inclusion and not a definition, [54:27.960 --> 54:30.960] when they give a definition in one of the other codes [54:30.960 --> 54:32.960] that doesn't specifically separate itself, [54:32.960 --> 54:35.960] then that definition can only be pulled from those items [54:35.960 --> 54:42.960] that have been included in that group. [54:42.960 --> 54:47.960] So the definition cannot be extended beyond the scope [54:47.960 --> 54:50.960] of the context in which it's given. [54:50.960 --> 54:52.960] Correct. [54:52.960 --> 54:56.960] Beyond that scope, you go revert back to the government code. [54:56.960 --> 54:58.960] That is correct. [54:58.960 --> 55:02.960] Ooh, wonderful. Does it have officer in there? [55:02.960 --> 55:06.960] It says any government office or agent. [55:06.960 --> 55:10.960] No, the term officer is one that we have a question about [55:10.960 --> 55:13.960] on one statute. [55:13.960 --> 55:15.960] Well, I got it pulled up. Hang on just a second, [55:15.960 --> 55:16.960] I can tell you. [55:16.960 --> 55:20.960] But it's chapter 311.005 [55:20.960 --> 55:22.960] that gives you the specific inclusion, [55:22.960 --> 55:25.960] and I'll read it to you here. [55:25.960 --> 55:39.960] Let's see. [55:39.960 --> 55:41.960] Okay, general definitions. [55:41.960 --> 55:44.960] Person includes corporation, organization, [55:44.960 --> 55:47.960] government or governmental subdivision or agency, [55:47.960 --> 55:51.960] business trust, estate trust, partnership, association, [55:51.960 --> 55:57.960] any other legal entity. [55:57.960 --> 55:59.960] Okay, I have it pulled up. [55:59.960 --> 56:02.960] I'm looking for the definition of officer, [56:02.960 --> 56:04.960] and here's the reason. [56:04.960 --> 56:09.960] Article 2.03 Code of Criminal Procedure [56:09.960 --> 56:15.960] says that if the prosecuting attorney is made known in any manner, [56:15.960 --> 56:21.960] that an officer has violated a law relating to his office. [56:21.960 --> 56:22.960] Right. [56:22.960 --> 56:25.960] And Ken Magnuson is going to be on Monday, [56:25.960 --> 56:29.960] and we've had this debate about what an officer is. [56:29.960 --> 56:32.960] He's saying it's a police officer, [56:32.960 --> 56:38.960] and I'm saying it's any public official acting in any official capacity. [56:38.960 --> 56:39.960] Correct. [56:39.960 --> 56:45.960] In a case that says exactly that, a public official is an elected officer. [56:45.960 --> 56:46.960] Good. [56:46.960 --> 56:47.960] Elected, appointed. [56:47.960 --> 56:50.960] I definitely need that case. [56:50.960 --> 56:51.960] Okay, I'll pull it up. [56:51.960 --> 56:53.960] I've got it in my research paperwork somewhere, [56:53.960 --> 56:55.960] but I'll find it for you and get it to you. [56:55.960 --> 56:58.960] Your email address on the website is correct, right? [56:58.960 --> 57:00.960] Yes. [57:00.960 --> 57:02.960] So that would be great to have that one, [57:02.960 --> 57:06.960] because that was one of the minor questions [57:06.960 --> 57:12.960] that we expected to come up once we start pressing Article 2.03. [57:12.960 --> 57:20.960] I just talked to the district attorney in Cherokee County today, [57:20.960 --> 57:26.960] and I've informed him that I will be filing a lot of criminal complaints [57:26.960 --> 57:29.960] with him, [57:29.960 --> 57:34.960] and when I told him that the first one would be aggravated kidnapping [57:34.960 --> 57:36.960] against a police officer, he told me, [57:36.960 --> 57:38.960] well, Mr. Captain, if you file any frivolous complaints, [57:38.960 --> 57:40.960] I don't have to give those to the grand jury. [57:40.960 --> 57:43.960] I said, well, I assure you, Mr. Beckworth, [57:43.960 --> 57:46.960] that if I file a complaint, it will not be frivolous, [57:46.960 --> 57:48.960] and it will be well briefed. [57:48.960 --> 57:51.960] It's no such thing as a frivolous complaint anyway. [57:51.960 --> 57:54.960] They have to give every complaint to the grand jury. [57:54.960 --> 58:00.960] And I told him, in fact, I sort of hope that you don't give them to the grand jury, [58:00.960 --> 58:04.960] because then I get to bring you to Travis County [58:04.960 --> 58:06.960] and file with the grand jury there, [58:06.960 --> 58:09.960] and it's a lot more convenient for me, [58:09.960 --> 58:13.960] and besides, I've got 12 grand juries a year to file on you with. [58:13.960 --> 58:15.960] You got real quiet there for a minute. [58:15.960 --> 58:18.960] Yeah, there's no such thing as a frivolous criminal complaint. [58:18.960 --> 58:20.960] There just is no such thing. [58:20.960 --> 58:23.960] Yeah, we understand, but by definition, there's not. [58:23.960 --> 58:25.960] Okay, listen, we're going to break. [58:25.960 --> 58:27.960] Eddie, do you want to hang on to the other side? [58:27.960 --> 58:28.960] Please. [58:28.960 --> 58:30.960] Okay, we have Mark from Michigan, Vince from California, [58:30.960 --> 58:32.960] and so far that's it. [58:32.960 --> 58:34.960] We've got another hour, so come on, callers. [58:34.960 --> 58:37.960] Call on in, 512-646-1984. [58:37.960 --> 58:39.960] We will be right back. [58:39.960 --> 58:42.960] And for the person who emailed me about Occupy My Father's House, [58:42.960 --> 58:46.960] I'm going to play that song in its entirety after this commercial, [58:46.960 --> 58:49.960] so set your recorder or you can get it off the archive. [58:49.960 --> 58:50.960] We'll be right back. [58:50.960 --> 59:00.960] Are you the plaintiff or defendant in a lawsuit? [59:00.960 --> 59:03.960] Win a case without an attorney with Jurisdictionary, [59:03.960 --> 59:07.960] the affordable, easy-to-understand 4-CD course [59:07.960 --> 59:11.960] that will show you how in 24 hours, step by step. [59:11.960 --> 59:15.960] If you have a lawyer, know what your lawyer should be doing. [59:15.960 --> 59:19.960] If you don't have a lawyer, know what you should do for yourself. [59:19.960 --> 59:22.960] Thousands have won with our step-by-step course, [59:22.960 --> 59:24.960] and now you can too. [59:24.960 --> 59:27.960] Jurisdictionary was created by a licensed attorney [59:27.960 --> 59:30.960] with 22 years of case-winning experience. [59:30.960 --> 59:32.960] Even if you're not in a lawsuit, [59:32.960 --> 59:35.960] you can learn what everyone should understand [59:35.960 --> 59:39.960] about the principles and practices that control our American courts. [59:39.960 --> 59:44.960] You'll receive our audio classroom, video seminar, tutorials, [59:44.960 --> 59:49.960] forms for civil cases, pro se tactics, and much more. [59:49.960 --> 59:53.960] Please visit wtprn.com and click on the banner [59:53.960 --> 01:00:22.960] or call toll-free 866-LAW-EZ. [01:00:22.960 --> 01:00:26.960] I will occupy my father's house [01:00:26.960 --> 01:00:29.960] Till he returns [01:00:29.960 --> 01:00:33.960] I will occupy my father's house [01:00:33.960 --> 01:00:37.960] He has left me with the strength and wisdom [01:00:37.960 --> 01:00:44.960] I will occupy my father's house [01:00:44.960 --> 01:00:48.960] I will occupy my father's house [01:00:48.960 --> 01:00:51.960] Till I see his face [01:00:51.960 --> 01:00:55.960] I will occupy my father's house [01:00:55.960 --> 01:00:59.960] I will guard these walls and fences [01:00:59.960 --> 01:01:02.960] Till he comes to take his place [01:01:02.960 --> 01:01:06.960] I will occupy my father's house [01:01:06.960 --> 01:01:09.960] Take a tooth in the night and show the father enter [01:01:09.960 --> 01:01:12.960] Kiss all the parasites from around ya [01:01:12.960 --> 01:01:15.960] Teeth will blight ya and feel the murderer [01:01:15.960 --> 01:01:18.960] Kiss him up the nose because them cannot enter [01:01:18.960 --> 01:01:21.960] Doctor cleans hands and leaves [01:01:21.960 --> 01:01:24.960] Only them could enter in God's house you see [01:01:24.960 --> 01:01:27.960] See if your soul surrender quickly [01:01:27.960 --> 01:01:30.960] That's what we are doing now we have the house you see [01:01:30.960 --> 01:01:33.960] I will occupy my father's house [01:01:33.960 --> 01:01:36.960] Won't allow the wicked [01:01:36.960 --> 01:01:39.960] I will occupy my father's house [01:01:39.960 --> 01:01:43.960] To guard and keep me sleeping still and true [01:01:43.960 --> 01:01:46.960] I will lie so long with him [01:01:46.960 --> 01:01:49.960] I will occupy my father's house [01:01:49.960 --> 01:01:54.960] There are those in this world who would harm us [01:01:54.960 --> 01:01:57.960] They will not ever hear [01:01:57.960 --> 01:02:00.960] I will occupy my father's house [01:02:00.960 --> 01:02:04.960] Cause when I occupy my father's house [01:02:04.960 --> 01:02:07.960] There's more waiting to be saved [01:02:07.960 --> 01:02:11.960] I will occupy my father's house [01:02:11.960 --> 01:02:14.960] I will occupy my father's house [01:02:14.960 --> 01:02:17.960] My father don't want no murderer around me [01:02:17.960 --> 01:02:20.960] Don't shout not to him and him don't tell me [01:02:20.960 --> 01:02:23.960] Occupy the house and we do it properly [01:02:23.960 --> 01:02:26.960] Only pure heart cleans and enter it [01:02:26.960 --> 01:02:28.960] Just like a thief in the night he enter [01:02:28.960 --> 01:02:31.960] No wicked man no killer man couldn't run ya [01:02:31.960 --> 01:02:34.960] Couldn't ever see the face of the murderer [01:02:34.960 --> 01:02:37.960] I will occupy my father's house [01:02:37.960 --> 01:02:40.960] Till it becomes clear [01:02:40.960 --> 01:02:43.960] I will occupy my father's house [01:02:43.960 --> 01:02:47.960] Daddy asked mom to take control [01:02:47.960 --> 01:02:50.960] I know that's why it put me [01:02:50.960 --> 01:02:54.960] I will occupy my father's house [01:02:54.960 --> 01:02:58.960] All embassment will be in good faith [01:02:58.960 --> 01:03:01.960] Getting good time [01:03:01.960 --> 01:03:04.960] I will occupy my father's house [01:03:04.960 --> 01:03:08.960] I will protect his romance [01:03:08.960 --> 01:03:12.960] Will not let it fall the petty crime [01:03:12.960 --> 01:03:16.960] I will occupy my father's house [01:03:16.960 --> 01:03:19.960] When you reach him and you must be proper [01:03:19.960 --> 01:03:22.960] And you have to talk me say talk talk proper [01:03:22.960 --> 01:03:25.960] Have a love peaceful heart rasta [01:03:25.960 --> 01:03:28.960] So you are go see the face of the father [01:03:28.960 --> 01:03:30.960] No wicked man me say couldn't enter [01:03:30.960 --> 01:03:33.960] Couldn't jump through the back door and enter [01:03:33.960 --> 01:03:36.960] Couldn't ever even climb through the window [01:03:36.960 --> 01:03:39.960] Have to come through the front door to be found [01:03:39.960 --> 01:03:42.960] I will occupy my father's house [01:03:42.960 --> 01:03:45.960] Till it comes to take his throne [01:03:45.960 --> 01:03:49.960] I will occupy my father's house [01:03:49.960 --> 01:03:53.960] The time will be of his choosing [01:03:53.960 --> 01:03:56.960] I will not be of my own [01:03:56.960 --> 01:04:00.960] I will occupy my father's house [01:04:00.960 --> 01:04:04.960] I will occupy my father's house [01:04:04.960 --> 01:04:07.960] Till he returns [01:04:07.960 --> 01:04:11.960] I will occupy my father's house [01:04:11.960 --> 01:04:15.960] And if it take my speech I will make sure [01:04:15.960 --> 01:04:18.960] That my song and prayer will burn [01:04:18.960 --> 01:04:21.960] I will occupy my father's house [01:04:21.960 --> 01:04:23.960] I will occupy [01:04:23.960 --> 01:04:25.960] I will occupy my father's house [01:04:25.960 --> 01:04:28.960] Till it comes to take his throne [01:04:28.960 --> 01:04:31.960] I will occupy my father's house [01:04:31.960 --> 01:04:34.960] The time will be of his choosing [01:04:34.960 --> 01:04:38.960] I will occupy my father's house [01:04:38.960 --> 01:04:41.960] I will occupy my father's house [01:04:41.960 --> 01:04:42.960] Polling my land [01:04:42.960 --> 01:04:44.960] Polling my land [01:04:44.960 --> 01:04:46.960] Polling my land [01:04:46.960 --> 01:04:54.960] Polling [01:04:54.960 --> 01:04:59.120] I don't feel like my mother and I am a liar [01:04:59.120 --> 01:05:02.000] No parasite, we should run to the end [01:05:02.000 --> 01:05:04.800] All your money couldn't help you enter [01:05:04.800 --> 01:05:07.440] All of your gold, missy and your silver [01:05:07.440 --> 01:05:10.240] No man got no heart missy, will and matter [01:05:10.240 --> 01:05:12.960] In my father's house is pure love around ya [01:05:12.960 --> 01:05:15.600] Get back, get back to your great father [01:05:15.600 --> 01:05:18.160] So that your life may be in line [01:05:18.160 --> 01:05:20.960] I wonder in his gaze you see the face of the Fahada [01:05:20.960 --> 01:05:24.960] I saw you get female, I saw you enter [01:05:50.960 --> 01:05:54.000] I'm gonna remix it, you know, for professional release [01:05:54.000 --> 01:05:56.000] and master it and all these kinds of things [01:05:56.000 --> 01:06:00.000] but the rough mix is good enough to play on 64k mono [01:06:00.000 --> 01:06:02.000] for talk radio bumpers, so [01:06:02.000 --> 01:06:06.000] feel free to clip it out of the archive and put it on your MP3 player [01:06:06.000 --> 01:06:08.000] okay? [01:06:08.000 --> 01:06:13.040] while you're waiting for me to remix that song and master it so it can be released [01:06:13.040 --> 01:06:16.000] alright, we are going to go back, and callers please call in [01:06:16.000 --> 01:06:20.000] we got a whole nother hour, 512-646-1984 [01:06:20.000 --> 01:06:24.000] we are speaking with Eddie in Texas, and Eddie you said you had [01:06:24.000 --> 01:06:27.000] one other thing that you wanted to comment on [01:06:27.000 --> 01:06:30.000] yeah, Randy I got your answer to your officer [01:06:30.000 --> 01:06:32.000] good [01:06:32.000 --> 01:06:36.000] it's government code, chapter 651.001 [01:06:36.000 --> 01:06:40.000] in any state statute, officer means an officer of this state [01:06:40.000 --> 01:06:42.000] unless otherwise expressly provided [01:06:42.000 --> 01:06:44.000] you can also look at [01:06:44.000 --> 01:06:51.000] chapter 171.0011 of the local government code [01:06:51.000 --> 01:06:54.000] you can look at [01:06:54.000 --> 01:07:02.000] let's see, section 556.0014 of the government code [01:07:02.000 --> 01:07:05.000] 0014? [01:07:05.000 --> 01:07:07.000] yep [01:07:07.000 --> 01:07:11.000] and you can also look in the government code [01:07:11.000 --> 01:07:19.000] section 572.00212 [01:07:19.000 --> 01:07:24.000] and 661.0015 [01:07:24.000 --> 01:07:27.000] all of those, let's see, you'll like five especially [01:07:27.000 --> 01:07:33.000] state officer means an elected or appointed officer of a state agency or an executive director [01:07:33.000 --> 01:07:39.000] good, what's the context in which that one stands? [01:07:39.000 --> 01:07:44.000] definitions, state employee in the sick leave pool [01:07:44.000 --> 01:07:46.000] let's see [01:07:46.000 --> 01:07:53.000] the other one is personal financial disclosure, standards of conduct and conflict of interest [01:07:53.000 --> 01:07:57.000] political activities by certain public entities and individuals [01:07:57.000 --> 01:08:01.000] good, good, I needed to know that it was a [01:08:01.000 --> 01:08:08.000] definition that could be extrapolated across different circumstances and it sounds like from the titles that they're going to be that [01:08:08.000 --> 01:08:09.000] good [01:08:09.000 --> 01:08:19.000] really good because title five says matters affecting public officers and employees and that's where it gives the definition of a local public official [01:08:19.000 --> 01:08:23.000] as an officer, that was really all I needed is to separate [01:08:23.000 --> 01:08:26.000] officer from police officer [01:08:26.000 --> 01:08:32.000] you can actually do a search in the codes for the term officer means inside of double quotes [01:08:32.000 --> 01:08:35.000] and it'll pull up every section of statute [01:08:35.000 --> 01:08:39.000] good, good, that's kind of what I figured you had done, it's just a search in there [01:08:39.000 --> 01:08:41.000] good, I have got this code [01:08:41.000 --> 01:08:45.000] this 311, I'm going through it and it's excellent [01:08:45.000 --> 01:08:49.000] it's an area I haven't studied, it's the government code [01:08:49.000 --> 01:08:51.000] and now you've made more work for me [01:08:51.000 --> 01:08:55.000] yeah, if you actually compare that to the definitions of an offense [01:08:55.000 --> 01:09:02.000] in virtually every statute, they all say a person commits an offense if [01:09:02.000 --> 01:09:12.000] that right there ties right in with the UCC part of what a lot of these people are fighting, that it's all commercial entities that the statutes are applying to [01:09:12.000 --> 01:09:15.000] that is interesting and [01:09:15.000 --> 01:09:20.000] it's something I can't address yet because it's beyond the scope of my [01:09:20.000 --> 01:09:25.000] knowledge but it appears as though it's where I need to go next [01:09:25.000 --> 01:09:30.000] yeah, it's very interesting when you look at how the actual statutes themselves are worded [01:09:30.000 --> 01:09:37.000] for instance, let me give you the one out of the transportation code they love to use [01:09:37.000 --> 01:09:44.000] if I can find where I got it here [01:09:44.000 --> 01:09:48.000] let's see [01:09:48.000 --> 01:09:52.000] is this going to go to ride to travel? [01:09:52.000 --> 01:09:57.000] that's just one thing it goes to but I mean I've looked in many of the statutes, penal code [01:09:57.000 --> 01:10:03.000] all of those and most the majority of them will say a person commits an offense [01:10:03.000 --> 01:10:09.000] now the major difference in all the definitions in the various codes that I found for the definition of the term person [01:10:09.000 --> 01:10:18.000] the penal code is the only one that uses natural person in the definition of person [01:10:18.000 --> 01:10:28.000] all the rest of them deal strictly with either the term individual or a commercial entity like a corporation, partnership, association, so on and so forth [01:10:28.000 --> 01:10:38.000] so you can use that to show that the legislature intended that person be a different term than natural person [01:10:38.000 --> 01:10:50.000] correct and it goes without saying that if the law defines a term it is always being used in an other than normal manner, always [01:10:50.000 --> 01:10:53.000] otherwise there would be no reason to define it at all [01:10:53.000 --> 01:11:01.000] well would that always, I mean always within the context of the code in which it's defined [01:11:01.000 --> 01:11:06.000] or are you saying that extends beyond the context of the code? [01:11:06.000 --> 01:11:10.000] the particular code where it's found [01:11:10.000 --> 01:11:16.000] well if the government has to give a definition for how they are using a particular term [01:11:16.000 --> 01:11:20.000] then that means they're using it in a manner other than common usage [01:11:20.000 --> 01:11:24.000] otherwise the dictionary has the definition and they don't need to provide it [01:11:24.000 --> 01:11:40.000] right, but the definition the government gives, does the other than common usage definition they give apply beyond the specific context of the code that it's found in? [01:11:40.000 --> 01:11:47.000] not if the law is going to mean what it says, that would be something within the law [01:11:47.000 --> 01:12:02.000] this is one of the things we get into with a lot of legal reform guys is they will find a definition in a very focused area and then try to apply that definition everywhere [01:12:02.000 --> 01:12:10.000] I know one guy that likes to go find the definitions of words 500 years ago and apply them today [01:12:10.000 --> 01:12:27.000] or go to the root of a word, study the entomology of the word and try to state that the meaning of the word now is the same meaning that it was when the word was different as it was evolving [01:12:27.000 --> 01:12:30.000] and this creates incredible confusion [01:12:30.000 --> 01:12:38.000] this is true, I agree with that, but what creates even more confusion is the fact that if you go to different versions of the law dictionaries over the years [01:12:38.000 --> 01:12:46.000] they keep changing the definition of the same word over and over and over again to include other things that it never did before [01:12:46.000 --> 01:12:53.000] now in the law dictionaries is that because of the case law? [01:12:53.000 --> 01:13:00.000] when you consider that they still cite the same cases that they used to cite, I don't think so [01:13:00.000 --> 01:13:10.000] oh okay, so they're just writing it different? it's not the same cases in the dictionary but they're always expanding what it means without any reference as to how they managed to expand it [01:13:10.000 --> 01:13:19.000] at least that's what I've seen from looking at an 1800 version of the Bouillé dictionary and blacks and so on and so forth [01:13:19.000 --> 01:13:26.000] I've noticed that they have altered definitions considerably over time from their original purpose [01:13:26.000 --> 01:13:36.000] but that's exactly why it proves that what the law dictionary or what a statute shows that a word means is not the same thing as it means in common usage [01:13:36.000 --> 01:13:39.000] or there would not be a reason to have to define it otherwise [01:13:39.000 --> 01:13:49.000] precisely, and that's important, that's one of the important things to understand and causes people a lot of confusion about the law [01:13:49.000 --> 01:13:56.000] we were just talking about something similar last night when someone asked about presentation [01:13:56.000 --> 01:13:59.000] a presentation to the grand jury [01:13:59.000 --> 01:14:12.000] and we tried to make clear the difference between presenting information and giving a presentation to the grand jury [01:14:12.000 --> 01:14:22.000] a presentation to the grand jury is very specifically defined as opposed to presenting or like a criminal complaint as opposed to complaining [01:14:22.000 --> 01:14:33.000] yeah, and the difference between somebody presenting to the grand jury and a presentment done by a grand jury [01:14:33.000 --> 01:14:39.000] you know, a presentment is something that the grand jury does on its own [01:14:39.000 --> 01:14:47.000] and one of the things I suggest people do is just take a sentence and define every word in the sentence [01:14:47.000 --> 01:14:50.000] you'll find that's more difficult than you expect [01:14:50.000 --> 01:15:01.000] for instance, what is the definition of the word the, T-H-E? [01:15:01.000 --> 01:15:10.000] I looked it up, I looked it up, it means one previously mentioned [01:15:10.000 --> 01:15:20.000] it was odd, we use these terms so often we never look at the definition [01:15:20.000 --> 01:15:27.000] and that's telling because there are a lot of other words that we use all the time [01:15:27.000 --> 01:15:32.000] and we think we know what they mean and we have no clue [01:15:32.000 --> 01:15:39.000] when I went to school I remember that the teachers telling me that if you're reading something and you don't know the meaning of the word [01:15:39.000 --> 01:15:45.000] you can generally figure out what it means from the context that it's in [01:15:45.000 --> 01:15:54.000] I started checking myself, I'd look at the word, try to figure out what it meant and go to the dictionary and read the definition [01:15:54.000 --> 01:16:00.000] I was right not one time [01:16:00.000 --> 01:16:09.000] bad strategy, do not try to determine what you think the word means, go look it up [01:16:09.000 --> 01:16:16.000] and all of those times when I came across a word in the text and then went and looked it up [01:16:16.000 --> 01:16:19.000] that's a definition I never forget [01:16:19.000 --> 01:16:27.000] and you won't either because now you've got it in context and it sticks in the mind and it's a very good practice [01:16:27.000 --> 01:16:29.000] are we going to skip this break? [01:16:29.000 --> 01:16:32.000] no, no, no, we're not going to skip break, we need to go to break [01:16:32.000 --> 01:16:36.000] and also we probably need to move on to some other callers too [01:16:36.000 --> 01:16:41.000] I just want to bring up the government code issue to Randy and see what he thought about it because it's what I'm doing [01:16:41.000 --> 01:16:43.000] alright, thanks Eddie [01:16:43.000 --> 01:16:44.000] email me [01:16:44.000 --> 01:16:49.000] okay, we're going to break, thank you Eddie, we're going to take Mark from Michigan when we get back on the other side, we'll be right back [01:17:14.000 --> 01:17:18.000] what kind of peace of mind is what you have been looking for in an investment [01:17:18.000 --> 01:17:21.000] then life settlements is the investment for you [01:17:21.000 --> 01:17:27.000] our annual rate of return has been 15.83% for the last 17 years [01:17:27.000 --> 01:17:31.000] our investments are insurance and banking commission regulated [01:17:31.000 --> 01:17:34.000] our returns are assured by the largest insurance companies [01:17:34.000 --> 01:17:40.000] even qualified retirement plans such as 401ks and IRAs are eligible for transfer [01:17:40.000 --> 01:17:46.000] we charge absolutely no commissions, 100% of your investment goes to work for you [01:17:46.000 --> 01:17:55.000] please visit sleepwellinvestment.com or call Bill Schober at 817-975-2431 [01:17:55.000 --> 01:18:10.000] that's sleepwellinvestment.com or call 817-975-2431 [01:18:25.000 --> 01:18:29.000] from Genesis to Revelation [01:18:29.000 --> 01:18:32.000] Babylonians say that you're wrong [01:18:32.000 --> 01:18:33.000] BAM BAM [01:18:33.000 --> 01:18:36.000] we tried in true creation [01:18:36.000 --> 01:18:38.000] the book of life [01:18:38.000 --> 01:18:42.000] from Genesis to Revelation [01:18:42.000 --> 01:18:45.000] Babylonians say that you're wrong [01:18:45.000 --> 01:18:49.000] you fool of generation X, Y and Z [01:18:49.000 --> 01:18:52.000] you media Babylon to water down for we [01:18:52.000 --> 01:18:56.000] we not go drink tea Babylon we could see [01:18:56.000 --> 01:18:59.000] a medical war you try to kill all of we [01:18:59.000 --> 01:19:02.000] the poor people we suffer daily [01:19:02.000 --> 01:19:05.000] but the book of life man we shall guide we [01:19:05.000 --> 01:19:09.000] not join your navy, not join your army [01:19:09.000 --> 01:19:12.000] so Babylon come listen carefully [01:19:12.000 --> 01:19:13.000] hey [01:19:13.000 --> 01:19:16.000] from Genesis to creation [01:19:16.000 --> 01:19:19.000] the book of life we say you're wrong [01:19:19.000 --> 01:19:22.000] from Genesis to Revelation [01:19:22.000 --> 01:19:25.000] Babylonians say that you're wrong [01:19:25.000 --> 01:19:26.000] BAM BAM [01:19:26.000 --> 01:19:29.000] we tried in true creation [01:19:29.000 --> 01:19:32.000] the book of life we say you're wrong [01:19:32.000 --> 01:19:35.000] from Genesis to Revelation [01:19:35.000 --> 01:19:38.000] Babylonians say that you're wrong [01:19:38.000 --> 01:19:42.000] you fool of generation X, Y and Z [01:19:42.000 --> 01:19:45.000] Babylon but you not go fool of this here generation see [01:19:45.000 --> 01:19:48.000] we say that we not blind you not say we can see [01:19:48.000 --> 01:19:51.000] you're politician them you want we control we [01:19:51.000 --> 01:19:55.000] but a lie them a tell them a tell us thinking story [01:19:55.000 --> 01:19:58.000] but the book of life man you know we read it [01:19:58.000 --> 01:20:01.000] I hear so Babylon that's why you can't control we [01:20:01.000 --> 01:20:05.000] say freedom or something we a go fight for we [01:20:05.000 --> 01:20:08.000] so you know this your time this your generation what we see [01:20:08.000 --> 01:20:11.000] the you them getting why them getting so angry [01:20:11.000 --> 01:20:14.000] Babylon you a mislead the you them daily [01:20:14.000 --> 01:20:18.000] you not preach them about the Bible you see so [01:20:18.000 --> 01:20:21.000] we tried in true creation [01:20:21.000 --> 01:20:24.000] the book of life we say you're wrong [01:20:24.000 --> 01:20:27.000] from Genesis to Revelation [01:20:27.000 --> 01:20:31.000] Babylonians say that you're wrong [01:20:31.000 --> 01:20:34.000] we tried in true creation [01:20:34.000 --> 01:20:37.000] the book of life we say you're wrong [01:20:37.000 --> 01:20:40.000] from Genesis to Revelation [01:20:40.000 --> 01:20:44.000] Babylonians say that you're wrong [01:20:44.000 --> 01:20:47.000] you fool of generation X, Y and Z [01:20:47.000 --> 01:20:51.000] Babylon but me now say that you not go fool we [01:20:51.000 --> 01:20:54.000] we a go release the truth to everybody [01:20:54.000 --> 01:20:57.000] no more we a go listen to you lie them you see [01:20:57.000 --> 01:21:00.000] Babylon you have to flee get away from we [01:21:00.000 --> 01:21:04.000] say them the things I wear you a teach is not reality [01:21:04.000 --> 01:21:07.000] a medical war you a bring can we [01:21:07.000 --> 01:21:10.000] and come with the nuclear bomb them to kill everybody [01:21:10.000 --> 01:21:13.000] but generation X and me say Y and Z [01:21:13.000 --> 01:21:17.000] we open up with high Babylon we can see [01:21:17.000 --> 01:21:20.000] we know why you freedom free from the inner we [01:21:20.000 --> 01:21:23.000] you can't control we say judge our army [01:21:23.000 --> 01:21:27.000] the Lord me say Lord me say set us free [01:21:27.000 --> 01:21:30.000] the book of life man we a read it [01:21:30.000 --> 01:21:33.000] cause we tried in true creation [01:21:33.000 --> 01:21:36.000] the book of life we say you're wrong [01:21:36.000 --> 01:21:40.000] from Genesis to Revelation [01:21:40.000 --> 01:22:07.000] all right we are back the rule of law [01:22:07.000 --> 01:22:11.000] holding mark thank you for calling what's on your mind tonight [01:22:11.000 --> 01:22:15.000] hey guys I just wanted to call and give you an update [01:22:15.000 --> 01:22:18.000] I've been fighting this traffic ticket [01:22:18.000 --> 01:22:21.000] it's a parking ticket and let me just [01:22:21.000 --> 01:22:24.000] preface this by saying that you know I've had [01:22:24.000 --> 01:22:27.000] more complicated cases but this is a great place [01:22:27.000 --> 01:22:30.000] to start and just kind of [01:22:30.000 --> 01:22:33.000] just kind of go through the [01:22:33.000 --> 01:22:36.000] rigmarole of the system because [01:22:36.000 --> 01:22:39.000] it's very low key [01:22:39.000 --> 01:22:42.000] you know the danger level is [01:22:42.000 --> 01:22:45.000] fairly low I mean [01:22:45.000 --> 01:22:48.000] if they're going to get you with [01:22:48.000 --> 01:22:51.000] the ticket and then maybe some fines but [01:22:51.000 --> 01:22:54.000] it's much less than you know hey they can [01:22:54.000 --> 01:22:57.000] get you and throw you in jail [01:22:57.000 --> 01:23:00.000] cheap legal education [01:23:00.000 --> 01:23:03.000] right but you know to bring [01:23:03.000 --> 01:23:06.000] everybody back up to speed I got this parking ticket sent in a [01:23:06.000 --> 01:23:09.000] response that hey I want to contest it didn't hear back from [01:23:09.000 --> 01:23:12.000] them next thing I hear early January [01:23:12.000 --> 01:23:15.000] I get this paper in the mail says hey look we're going to [01:23:15.000 --> 01:23:18.000] take away your license we're going to swear out a warrant for your arrest [01:23:18.000 --> 01:23:21.000] now the forty dollar ticket is a hundred and ten dollars [01:23:21.000 --> 01:23:24.000] and you know [01:23:24.000 --> 01:23:27.000] just pay this and shut up and [01:23:27.000 --> 01:23:30.000] you know be done with it so I thought okay [01:23:30.000 --> 01:23:33.000] this is great so I filed a motion to [01:23:33.000 --> 01:23:36.000] Smith requested the judge's oath of office [01:23:36.000 --> 01:23:39.000] and a couple other things well on Tuesday I went [01:23:39.000 --> 01:23:42.000] down there I went down there [01:23:42.000 --> 01:23:45.000] other times but I'll skip those Tuesday [01:23:45.000 --> 01:23:48.000] went down there for the hearing and I showed up to [01:23:48.000 --> 01:23:51.000] and they said you know take take a seat on the bench go talk [01:23:51.000 --> 01:23:54.000] to the prosecutor so I did that and I sat down [01:23:54.000 --> 01:23:57.000] and I thought about it I thought no I'm not going to do this [01:23:57.000 --> 01:24:00.000] forget that so I went and sat down in the court [01:24:00.000 --> 01:24:03.000] room of course the court clerk behind the desk [01:24:03.000 --> 01:24:06.000] said sir have you talked to the prosecutor [01:24:06.000 --> 01:24:09.000] I said no ma'am I'm not talking to him he's a criminal [01:24:12.000 --> 01:24:15.000] she was kind of dumbfounded she said but everybody [01:24:15.000 --> 01:24:18.000] talks to the prosecutor said not me [01:24:18.000 --> 01:24:21.000] so they called [01:24:21.000 --> 01:24:24.000] me third which is a little unusual I [01:24:24.000 --> 01:24:27.000] usually get stuck to the last you know that's [01:24:27.000 --> 01:24:30.000] pretty common because they know I'm going to cause a stir [01:24:30.000 --> 01:24:33.000] but they called me up and you know [01:24:33.000 --> 01:24:36.000] I said you know I'm [01:24:36.000 --> 01:24:39.000] here standing pro se and [01:24:39.000 --> 01:24:42.000] and you know I'm [01:24:42.000 --> 01:24:45.000] here on this motion to show cause [01:24:45.000 --> 01:24:48.000] and I said well you know the officer isn't [01:24:48.000 --> 01:24:51.000] here this morning you know I'm going to [01:24:51.000 --> 01:24:54.000] get the prosecutor out here and I said well then you know I'm going [01:24:54.000 --> 01:24:57.000] to move to dismiss your honor and [01:24:57.000 --> 01:25:00.000] the prosecutor comes out of course he's not real happy [01:25:00.000 --> 01:25:03.000] and you know [01:25:03.000 --> 01:25:06.000] he starts in on his thing and then he moves to [01:25:06.000 --> 01:25:09.000] to adjourn and [01:25:09.000 --> 01:25:12.000] I said whoa whoa wait no your honor [01:25:12.000 --> 01:25:15.000] you know that you can't adjourn this I know you [01:25:15.000 --> 01:25:18.000] can't adjourn this and he knows you can't adjourn this [01:25:18.000 --> 01:25:21.000] you must be dismissed and then I [01:25:21.000 --> 01:25:24.000] was trying to get on the record some of the other areas [01:25:24.000 --> 01:25:27.000] that they had screwed up [01:25:27.000 --> 01:25:30.000] that was really my goal that morning [01:25:30.000 --> 01:25:33.000] I really didn't suspect that they were going to [01:25:33.000 --> 01:25:36.000] try and mail me with this [01:25:36.000 --> 01:25:39.000] but you know I started to go into the process [01:25:39.000 --> 01:25:42.000] they never sent the notice to my mail [01:25:42.000 --> 01:25:45.000] and then I noticed that the motion [01:25:45.000 --> 01:25:48.000] to show cause was draw never had [01:25:48.000 --> 01:25:51.000] a prosecutor listed it was just the city [01:25:51.000 --> 01:25:54.000] well you know and I mentioned that I said [01:25:54.000 --> 01:25:57.000] you know I'm not even sure why the prosecutors here I called his office [01:25:57.000 --> 01:26:00.000] and they said they didn't know anything about this [01:26:00.000 --> 01:26:03.000] and the judge on the record said well yeah [01:26:03.000 --> 01:26:06.000] we drew that up because you didn't show up at the first hearing [01:26:06.000 --> 01:26:09.000] and I thought oh my [01:26:09.000 --> 01:26:12.000] gosh I just got you you just said that on [01:26:12.000 --> 01:26:15.000] record I can't believe you said that on record [01:26:15.000 --> 01:26:18.000] well we went on a little bit [01:26:18.000 --> 01:26:21.000] but ultimately he said you know [01:26:21.000 --> 01:26:24.000] I cited a statute about the process [01:26:24.000 --> 01:26:27.000] of service and it was [01:26:27.000 --> 01:26:30.000] from the criminal code now [01:26:30.000 --> 01:26:33.000] they were going to charge me criminally [01:26:33.000 --> 01:26:36.000] in contempt because I didn't show up for the first [01:26:36.000 --> 01:26:39.000] hearing so I [01:26:39.000 --> 01:26:42.000] used the criminal code now [01:26:42.000 --> 01:26:45.000] the judge said wait you can't use that statute [01:26:45.000 --> 01:26:48.000] that's from the criminal code and I was about ready to cut him off [01:26:48.000 --> 01:26:51.000] and he said I'm going to dismiss this this morning [01:26:51.000 --> 01:26:54.000] but let me be clear I'm dismissing it because the [01:26:54.000 --> 01:26:57.000] officer is not here [01:26:57.000 --> 01:27:00.000] so I was a little bit upset but you know I just [01:27:00.000 --> 01:27:03.000] darn they ruined all your fun [01:27:03.000 --> 01:27:06.000] I know I won but I wasn't [01:27:06.000 --> 01:27:09.000] in the way I wanted to I wanted to get a few more things on the record [01:27:09.000 --> 01:27:12.000] and after I thought about it I thought there's probably [01:27:12.000 --> 01:27:15.000] you know I probably should have said hold on there's some [01:27:15.000 --> 01:27:18.000] things I want to preserve for the record but I didn't do that [01:27:18.000 --> 01:27:21.000] you know so I started to walk out [01:27:21.000 --> 01:27:24.000] and I thought about it I thought no I can't just [01:27:24.000 --> 01:27:27.000] leave so I walked over to the [01:27:27.000 --> 01:27:30.000] to the office where the prosecutor is [01:27:30.000 --> 01:27:33.000] now I don't know how it is in Texas or anywhere [01:27:33.000 --> 01:27:36.000] else but typically they'll have the prosecutor [01:27:36.000 --> 01:27:39.000] set up in a side office where he interviews [01:27:39.000 --> 01:27:42.000] witnesses and he's sitting there with all the cops and they're joking [01:27:42.000 --> 01:27:45.000] and having donuts and I walked in there [01:27:45.000 --> 01:27:48.000] with all his cop buddies and I said [01:27:48.000 --> 01:27:51.000] you know I just I just need your bar number [01:27:51.000 --> 01:27:54.000] you know do you have a card with your bar number on there and [01:27:54.000 --> 01:27:57.000] you look dumbfounded [01:27:57.000 --> 01:28:00.000] like what are you doing man and I wanted him [01:28:00.000 --> 01:28:03.000] to know that I wasn't done with this [01:28:03.000 --> 01:28:06.000] you know he said well I'll tell you what I'll just [01:28:06.000 --> 01:28:09.000] give it to you so I you know he didn't lie to me [01:28:09.000 --> 01:28:12.000] because I did call and confirm it later on but [01:28:12.000 --> 01:28:15.000] so that's that's where we [01:28:15.000 --> 01:28:18.000] left it at this point I'm trying to formulate the next [01:28:18.000 --> 01:28:21.000] plan but I really want to bring out this issue [01:28:21.000 --> 01:28:24.000] that the court drew up a show cause [01:28:24.000 --> 01:28:27.000] file a bar grievance against the attorney [01:28:27.000 --> 01:28:30.000] oh he's getting one [01:28:30.000 --> 01:28:33.000] what about filing a bar grievance against the judge [01:28:33.000 --> 01:28:36.000] judicial conduct [01:28:36.000 --> 01:28:39.000] okay so that wouldn't go to [01:28:39.000 --> 01:28:42.000] administerial [01:28:42.000 --> 01:28:45.000] no this will go there's a you'll have a [01:28:45.000 --> 01:28:48.000] a state agency that oversees judges [01:28:48.000 --> 01:28:51.000] so Randy why would he file [01:28:51.000 --> 01:28:54.000] that instead of a bar grievance or why not [01:28:54.000 --> 01:28:57.000] both this is a ticket so this magistrate [01:28:57.000 --> 01:29:00.000] this judge may not even be an attorney [01:29:00.000 --> 01:29:03.000] he could be an attorney but he's not acting [01:29:03.000 --> 01:29:06.000] in that capacity but if he was [01:29:06.000 --> 01:29:09.000] an attorney I'd file a bar grievance against him anyway [01:29:09.000 --> 01:29:12.000] just to screw him just for the heck of it [01:29:12.000 --> 01:29:15.000] that's what I was asking [01:29:15.000 --> 01:29:18.000] cause he is a judge I didn't go before a magistrate [01:29:18.000 --> 01:29:21.000] although you know he may have been in that capacity [01:29:21.000 --> 01:29:24.000] I said magistrate I really should have said judge [01:29:24.000 --> 01:29:27.000] but he's a municipal judge or a justice [01:29:27.000 --> 01:29:30.000] of the peace he's an inferior court judge [01:29:30.000 --> 01:29:33.000] and what inferior court means is that [01:29:33.000 --> 01:29:36.000] the judge doesn't have to be learned counsel [01:29:36.000 --> 01:29:39.000] he can be just a local chump [01:29:39.000 --> 01:29:42.000] okay a local chump [01:29:42.000 --> 01:29:45.000] and we had in Bridgeport Texas [01:29:45.000 --> 01:29:48.000] this truck driver got elected JP [01:29:48.000 --> 01:29:51.000] he had half his teeth missing [01:29:51.000 --> 01:29:54.000] big old fat belly always beer on his breath [01:29:54.000 --> 01:29:57.000] oh he was a hoot [01:29:57.000 --> 01:30:00.000] he really did care though [01:30:00.000 --> 01:30:03.000] but he was a mess [01:30:03.000 --> 01:30:06.000] I bet [01:30:06.000 --> 01:30:09.000] where would go with this [01:30:09.000 --> 01:30:12.000] if you were looking at this where would you [01:30:12.000 --> 01:30:15.000] I would look at the due process violations [01:30:15.000 --> 01:30:18.000] cause everything is all about due process [01:30:18.000 --> 01:30:21.000] and actually the judge did [01:30:21.000 --> 01:30:24.000] what he was supposed to do [01:30:24.000 --> 01:30:27.000] he did it cause he didn't want to mess with you [01:30:27.000 --> 01:30:30.000] but the judge in this case actually dismissed the case [01:30:30.000 --> 01:30:33.000] just the way he was required to [01:30:33.000 --> 01:30:36.000] when he dismissed it [01:30:36.000 --> 01:30:39.000] like I said he did say I want to be clear [01:30:39.000 --> 01:30:42.000] I'm dismissing it because the officer is not here [01:30:42.000 --> 01:30:45.000] and a technicality [01:30:45.000 --> 01:30:48.000] but I'm wondering if [01:30:48.000 --> 01:30:51.000] there might be something [01:30:51.000 --> 01:30:54.000] because he wasn't willing to acknowledge any of the due process violations [01:30:54.000 --> 01:30:57.000] well you see the due process violations are crimes [01:30:57.000 --> 01:31:00.000] you can still pursue those [01:31:00.000 --> 01:31:03.000] yes okay [01:31:03.000 --> 01:31:06.000] because I think you know another one of these [01:31:06.000 --> 01:31:09.000] problems here is that they've side stepped [01:31:09.000 --> 01:31:12.000] basically all the constitutional issues [01:31:12.000 --> 01:31:15.000] by renaming this from a crime [01:31:15.000 --> 01:31:18.000] to an infraction and I know [01:31:18.000 --> 01:31:21.000] I've seen Supreme Court cases [01:31:21.000 --> 01:31:24.000] saying okay they can do this [01:31:24.000 --> 01:31:27.000] and I read statutes that said that [01:31:27.000 --> 01:31:30.000] but it needs to be challenged [01:31:30.000 --> 01:31:33.000] I just got an email today that gave me another way to go after that [01:31:33.000 --> 01:31:36.000] you have a right to [01:31:36.000 --> 01:31:39.000] what's the term [01:31:39.000 --> 01:31:42.000] good faith services [01:31:42.000 --> 01:31:45.000] I think that was the term let me check back [01:31:45.000 --> 01:31:48.000] I've got it in my notes [01:31:51.000 --> 01:31:54.000] it was good [01:31:54.000 --> 01:31:57.000] good faith services fraud [01:31:57.000 --> 01:32:00.000] I think is what the term was [01:32:00.000 --> 01:32:03.000] where they're going after [01:32:03.000 --> 01:32:06.000] oh here it is honest services fraud [01:32:06.000 --> 01:32:09.000] where you have a right to honest [01:32:09.000 --> 01:32:12.000] services [01:32:12.000 --> 01:32:15.000] from the judge and the prosecutor their public officials [01:32:15.000 --> 01:32:18.000] they accept money for their services [01:32:18.000 --> 01:32:21.000] you pay them the money for their services [01:32:21.000 --> 01:32:24.000] and you have a right to honest services if they defraud you [01:32:24.000 --> 01:32:27.000] in that apparently in 1988 [01:32:27.000 --> 01:32:30.000] the legislature [01:32:30.000 --> 01:32:33.000] upgraded the statute on [01:32:33.000 --> 01:32:36.000] honest services fraud to comply with [01:32:36.000 --> 01:32:39.000] some court case and that gave it real teeth [01:32:39.000 --> 01:32:42.000] and now prosecutors are prosecuting [01:32:42.000 --> 01:32:45.000] public officials for honest services fraud [01:32:45.000 --> 01:32:48.000] rather than straight fraud [01:32:48.000 --> 01:32:51.000] because honest services is a lot easier to prove [01:32:51.000 --> 01:32:54.000] and it goes to the fact that the citizen [01:32:54.000 --> 01:32:57.000] has a right to honest services from his officials [01:32:57.000 --> 01:33:00.000] and if he doesn't get it he can sue them [01:33:00.000 --> 01:33:03.000] for it and I suspect [01:33:03.000 --> 01:33:06.000] just making an allegation of honest services [01:33:06.000 --> 01:33:09.000] fraud will scare the bejesus out of all of them [01:33:09.000 --> 01:33:12.000] it's certainly [01:33:12.000 --> 01:33:15.000] something to look into [01:33:15.000 --> 01:33:18.000] one more thing when I handed in [01:33:18.000 --> 01:33:21.000] the thing requesting the paper [01:33:21.000 --> 01:33:24.000] requesting the judges oath of office under [01:33:24.000 --> 01:33:27.000] the freedom of information act I had them stamp it [01:33:27.000 --> 01:33:30.000] which is key [01:33:30.000 --> 01:33:33.000] I made sure that they stamped it but it's been over 10 days [01:33:33.000 --> 01:33:36.000] significantly [01:33:36.000 --> 01:33:39.000] just file a criminal complaint against the judge under [01:33:39.000 --> 01:33:42.000] for official oppression [01:33:42.000 --> 01:33:45.000] you got a right to that information [01:33:45.000 --> 01:33:48.000] he violated law relating to his office and denied you [01:33:48.000 --> 01:33:51.000] in that right got him [01:33:51.000 --> 01:33:54.000] now that's how I like to use open records that way [01:33:54.000 --> 01:33:57.000] I don't tell them [01:33:57.000 --> 01:34:00.000] if they send me if I get an answer to my [01:34:00.000 --> 01:34:03.000] open records request and they didn't give me [01:34:03.000 --> 01:34:06.000] the records that I asked for [01:34:06.000 --> 01:34:09.000] I don't go back and say hey you gave me the wrong stuff [01:34:09.000 --> 01:34:12.000] I just file on them [01:34:12.000 --> 01:34:15.000] answer is non-responsive file on them [01:34:15.000 --> 01:34:18.000] the way they find out I'm upset at them [01:34:18.000 --> 01:34:21.000] is they get the prosecutor coming down asking [01:34:21.000 --> 01:34:24.000] them why you're trying to get them arrested [01:34:24.000 --> 01:34:27.000] yeah really a lot more effective [01:34:27.000 --> 01:34:30.000] all right listen mark if you don't have anything else we really [01:34:30.000 --> 01:34:33.000] need to move on because we've got a whole bunch of callers and we only we have less [01:34:33.000 --> 01:34:36.000] than half an hour left okay okay thanks guys all right [01:34:36.000 --> 01:34:39.000] thanks mark okay we're going to move now to Vince [01:34:39.000 --> 01:34:42.000] in California okay Vince [01:34:42.000 --> 01:34:45.000] thank you for holding so patiently what's on your mind tonight [01:34:45.000 --> 01:34:48.000] oh no problem good evening you guys I [01:34:48.000 --> 01:34:51.000] absolutely love your show and Debra you're doing a fabulous [01:34:51.000 --> 01:34:54.000] job with the network oh thank you [01:34:54.000 --> 01:34:57.000] thank you I love the music [01:34:57.000 --> 01:35:00.000] and the sound quality the whole production quality [01:35:00.000 --> 01:35:03.000] is great thank you thank you so much [01:35:03.000 --> 01:35:06.000] I have kind of a two pronged [01:35:06.000 --> 01:35:09.000] question you guys [01:35:09.000 --> 01:35:12.000] Randy are you familiar with David Merland [01:35:12.000 --> 01:35:15.000] oh yeah he's been on our show no Marilyn Marilyn [01:35:15.000 --> 01:35:18.000] no his name is not Marilyn his name is Merland [01:35:18.000 --> 01:35:21.000] and yeah we've had him on our show quite frequently [01:35:21.000 --> 01:35:24.000] I always wind up pronouncing his name wrong and he hates that [01:35:24.000 --> 01:35:27.000] yeah I don't know why you do that but yeah he's been on our show [01:35:27.000 --> 01:35:30.000] okay cool are you familiar with his [01:35:30.000 --> 01:35:33.000] let me see I got the document pulled up here it's a [01:35:33.000 --> 01:35:36.000] writ of precipi [01:35:36.000 --> 01:35:39.000] I read his writ of [01:35:39.000 --> 01:35:42.000] precipi and [01:35:42.000 --> 01:35:45.000] I didn't find that it applied [01:35:45.000 --> 01:35:48.000] to Texas very well okay [01:35:48.000 --> 01:35:51.000] that was a tactful way of [01:35:51.000 --> 01:35:54.000] putting it well he actually wrote it out of [01:35:54.000 --> 01:35:57.000] Washington state and it may well be [01:35:57.000 --> 01:36:00.000] that there are different statutes there [01:36:00.000 --> 01:36:03.000] but reading it from [01:36:03.000 --> 01:36:06.000] perspective of Texas law [01:36:06.000 --> 01:36:09.000] there was no force in effect [01:36:09.000 --> 01:36:12.000] so he probably had different law there [01:36:12.000 --> 01:36:15.000] to give it force in effect I didn't find any in Texas [01:36:15.000 --> 01:36:18.000] to support it okay [01:36:18.000 --> 01:36:21.000] yeah I've been trying to see if this can apply to [01:36:21.000 --> 01:36:24.000] California you'd have to look at the law [01:36:24.000 --> 01:36:27.000] you'd have to look at the California law yeah and I'm really not [01:36:27.000 --> 01:36:30.000] I would be no person to criticize [01:36:30.000 --> 01:36:33.000] David Merland because he is extremely [01:36:33.000 --> 01:36:36.000] knowledgeable and I certainly wouldn't want anything [01:36:36.000 --> 01:36:39.000] I say to come across his criticism [01:36:39.000 --> 01:36:42.000] but it didn't appear to apply to Texas [01:36:42.000 --> 01:36:45.000] well it's kind of the same thing like with the documents [01:36:45.000 --> 01:36:48.000] you know the templates and such and the documents that Randy [01:36:48.000 --> 01:36:51.000] has filed like his writ of habeas corpus or petition [01:36:51.000 --> 01:36:54.000] for writ of habeas corpus is what it really is and motions [01:36:54.000 --> 01:36:57.000] and things like this and criminal complaints [01:36:57.000 --> 01:37:00.000] I mean you can't just take them and then just substitute [01:37:00.000 --> 01:37:03.000] the information and go filing them in whatever state you're in [01:37:03.000 --> 01:37:06.000] because it's different states different statutes [01:37:06.000 --> 01:37:09.000] but you can use it as a model and then look at the statutes [01:37:09.000 --> 01:37:12.000] and the code in your state so [01:37:12.000 --> 01:37:15.000] yeah an explanation of the difference my writ of habeas corpus [01:37:15.000 --> 01:37:18.000] is essentially written on [01:37:18.000 --> 01:37:21.000] federal law it's following the federal constitutional [01:37:21.000 --> 01:37:24.000] requirements and I use the [01:37:24.000 --> 01:37:27.000] state law where we had state law to support [01:37:27.000 --> 01:37:30.000] and David [01:37:30.000 --> 01:37:33.000] wrote this document apparently from state law [01:37:33.000 --> 01:37:36.000] and not federal law so it's not going to translate as easy [01:37:36.000 --> 01:37:39.000] it wasn't as easy [01:37:39.000 --> 01:37:42.000] it's kind of a three pronged approach he's referring to [01:37:42.000 --> 01:37:45.000] number one the Constitution [01:37:45.000 --> 01:37:48.000] US Constitution [01:37:48.000 --> 01:37:51.000] number two admission of full knowledge of 18 USC 471 [01:37:51.000 --> 01:37:54.000] 472 etc [01:37:54.000 --> 01:37:57.000] he refers the third part is [01:37:57.000 --> 01:38:00.000] clerks plea of no contest to charges of official misconduct [01:38:00.000 --> 01:38:03.000] under Washington statute [01:38:03.000 --> 01:38:06.000] okay okay well I would think that third part [01:38:06.000 --> 01:38:09.000] could be modified for other states [01:38:09.000 --> 01:38:12.000] explain to the listener [01:38:12.000 --> 01:38:15.000] precipice so it makes sense to them [01:38:18.000 --> 01:38:21.000] Kenneth Vance did you hear Randy [01:38:21.000 --> 01:38:24.000] yeah [01:38:24.000 --> 01:38:27.000] yeah what do you mean by precipice [01:38:27.000 --> 01:38:30.000] actually I'm not even sure [01:38:30.000 --> 01:38:33.000] I know what that word means but [01:38:33.000 --> 01:38:36.000] the purpose of his document [01:38:36.000 --> 01:38:39.000] I just posted the doc in your forums if anybody wants to [01:38:39.000 --> 01:38:42.000] pull it up and read it [01:38:42.000 --> 01:38:45.000] I've got it I read it [01:38:45.000 --> 01:38:48.000] but I remember being [01:38:48.000 --> 01:38:51.000] a little frustrated with it but [01:38:51.000 --> 01:38:54.000] right now I can't pull out the detail [01:38:54.000 --> 01:38:57.000] I can't pull out of my mind what it was that I felt [01:38:57.000 --> 01:39:00.000] was [01:39:00.000 --> 01:39:03.000] didn't hold up under Texas law [01:39:03.000 --> 01:39:06.000] let me go to a section here that kind of [01:39:06.000 --> 01:39:09.000] sums it up let's see here [01:39:09.000 --> 01:39:12.000] oh good and Kenneth from George's call back in [01:39:12.000 --> 01:39:15.000] Kenneth we're going to go to you next [01:39:15.000 --> 01:39:18.000] okay [01:39:18.000 --> 01:39:21.000] so [01:39:21.000 --> 01:39:24.000] okay we need let's do this call back [01:39:24.000 --> 01:39:27.000] in Monday we have a whole stack of calls yeah we're [01:39:27.000 --> 01:39:30.000] getting kind of down to the wire here and we want to make sure we take [01:39:30.000 --> 01:39:33.000] everybody [01:39:33.000 --> 01:39:36.000] quickly to my second my second thing here okay [01:39:36.000 --> 01:39:39.000] so last week [01:39:39.000 --> 01:39:42.000] I live in a unit that's got four [01:39:42.000 --> 01:39:45.000] four units in it in my building [01:39:45.000 --> 01:39:48.000] and and last week I look out my [01:39:48.000 --> 01:39:51.000] front window and there's a police car sitting in the [01:39:51.000 --> 01:39:54.000] out in front of my place and he's parked in the red [01:39:54.000 --> 01:39:57.000] and he's got one of these cameras on the roof that I've [01:39:57.000 --> 01:40:00.000] never seen before it's a giant camera [01:40:00.000 --> 01:40:03.000] and it's pointed right at my building [01:40:03.000 --> 01:40:06.000] out the front door and and I'm looking [01:40:06.000 --> 01:40:09.000] at this cop car and and it says [01:40:09.000 --> 01:40:12.000] something like thermal yeah [01:40:12.000 --> 01:40:15.000] one of these heat cameras that can tell if somebody's inside the building [01:40:15.000 --> 01:40:18.000] now I've [01:40:18.000 --> 01:40:21.000] got upstairs neighbor who I don't know he's a little [01:40:21.000 --> 01:40:24.000] shady but [01:40:24.000 --> 01:40:27.000] I didn't feel comfortable with that guy sitting out there [01:40:27.000 --> 01:40:30.000] a lot of case law in California on [01:40:30.000 --> 01:40:33.000] that thermal imaging and they're forbidden to do it without a [01:40:33.000 --> 01:40:36.000] warrant [01:40:36.000 --> 01:40:39.000] so how can I find out what exactly [01:40:39.000 --> 01:40:42.000] was going on and whether I need to be aware of [01:40:42.000 --> 01:40:45.000] any situations in my neighborhood go down and demand the [01:40:45.000 --> 01:40:48.000] warrant that authorized that guy to be out there using that [01:40:48.000 --> 01:40:51.000] thermal camera on your house looking in [01:40:51.000 --> 01:40:54.000] your house okay and accuse [01:40:54.000 --> 01:40:57.000] him of it and that's invasion that's [01:40:57.000 --> 01:41:00.000] criminal trespass [01:41:00.000 --> 01:41:03.000] and they will do a little song and dance and jump up and down [01:41:03.000 --> 01:41:06.000] and okay [01:41:06.000 --> 01:41:09.000] you know they might tell you they're investigating someone else [01:41:09.000 --> 01:41:12.000] and you're going to want to know what the heck he's doing out there [01:41:12.000 --> 01:41:15.000] basically should I demand that warning writing [01:41:15.000 --> 01:41:18.000] yes yes you want to I would go down [01:41:18.000 --> 01:41:21.000] and ask for it and and make you have a written [01:41:21.000 --> 01:41:24.000] request in your hand and they're going to say well [01:41:24.000 --> 01:41:27.000] you have to make that request in writing here you [01:41:27.000 --> 01:41:30.000] go Baba yeah initial it [01:41:30.000 --> 01:41:33.000] date it right there and they hate it when you ask [01:41:33.000 --> 01:41:36.000] them to do that and I tell them initial [01:41:36.000 --> 01:41:39.000] date it make me a copy of the front page [01:41:39.000 --> 01:41:42.000] yep and it just makes them crazy [01:41:42.000 --> 01:41:45.000] when I do that but yeah be ready [01:41:45.000 --> 01:41:48.000] be ready for that they always when you're a step [01:41:48.000 --> 01:41:51.000] ahead of them that works better [01:41:51.000 --> 01:41:54.000] than anything exactly right [01:41:54.000 --> 01:41:57.000] okay in that writing should I should I cite [01:41:57.000 --> 01:42:00.000] any no article for the Bill of Rights [01:42:00.000 --> 01:42:03.000] no no no of course not you're not [01:42:03.000 --> 01:42:06.000] their attorney if they need an attorney to go hire one [01:42:06.000 --> 01:42:09.000] there's open records laws in every state you don't need to tell them about it [01:42:09.000 --> 01:42:12.000] they will tell you that they're not allowed to give you legal [01:42:12.000 --> 01:42:15.000] advice where you don't give them any either right [01:42:15.000 --> 01:42:18.000] right that also works very well [01:42:18.000 --> 01:42:21.000] yep when you just tell [01:42:21.000 --> 01:42:24.000] them what to do and you don't don't quote law [01:42:24.000 --> 01:42:27.000] to them they will know that you know [01:42:27.000 --> 01:42:30.000] right just [01:42:30.000 --> 01:42:33.000] last few days ago I called the district attorney's [01:42:33.000 --> 01:42:36.000] office in Comanche in Cherokee [01:42:36.000 --> 01:42:39.000] County and asked the I got the district [01:42:39.000 --> 01:42:42.000] attorney's secretary and I said [01:42:42.000 --> 01:42:45.000] where do I go to look at the minutes of the grand jury [01:42:45.000 --> 01:42:48.000] well the grand jury is [01:42:48.000 --> 01:42:51.000] secret I said ma'am that is not [01:42:51.000 --> 01:42:54.000] the question I asked where do [01:42:54.000 --> 01:42:57.000] I go to see the minutes of the grand [01:42:57.000 --> 01:43:00.000] jury well the grand jury said ma'am [01:43:00.000 --> 01:43:03.000] I don't need legal advice from you [01:43:03.000 --> 01:43:06.000] I need to go know where to go see this document [01:43:06.000 --> 01:43:09.000] well [01:43:09.000 --> 01:43:12.000] I'll get you an assistant district attorney [01:43:12.000 --> 01:43:15.000] smart move okay Vince [01:43:15.000 --> 01:43:18.000] we really need to move on because we've got a lot of other callers [01:43:18.000 --> 01:43:21.000] we're getting down to the wire here [01:43:21.000 --> 01:43:24.000] okay thank you thank you Vince [01:43:24.000 --> 01:43:27.000] okay we're gonna go now to Kenneth from Georgia [01:43:27.000 --> 01:43:30.000] Kenneth and he just dropped off [01:43:30.000 --> 01:43:33.000] oh [01:43:33.000 --> 01:43:36.000] well we'll pick him up next [01:43:36.000 --> 01:43:39.000] Kenneth please call back in [01:43:39.000 --> 01:43:42.000] I hate that he's called back in and dropped off like four times [01:43:42.000 --> 01:43:45.000] already well he may be having an issue [01:43:45.000 --> 01:43:48.000] he's been waiting forever and I was [01:43:48.000 --> 01:43:51.000] trying to tell people that's part of what we're trying to teach [01:43:51.000 --> 01:43:54.000] patience and perseverance yeah but it's [01:43:54.000 --> 01:43:57.000] getting down to the wire okay so we need to [01:43:57.000 --> 01:44:00.000] we just need to be considerate of there he is [01:44:00.000 --> 01:44:03.000] thank God he called back in okay Kenneth there you are [01:44:03.000 --> 01:44:06.000] what's going on what's on your mind tonight [01:44:06.000 --> 01:44:09.000] okay I don't even know where to start [01:44:09.000 --> 01:44:12.000] but I got a case that I've been dealing with [01:44:12.000 --> 01:44:15.000] July of 2007 [01:44:15.000 --> 01:44:18.000] the fleeing and the looting [01:44:18.000 --> 01:44:21.000] and I told [01:44:21.000 --> 01:44:24.000] them that I don't want an attorney and they're trying to force [01:44:24.000 --> 01:44:27.000] one on me and [01:44:27.000 --> 01:44:30.000] I don't know how to deal with it well I'm going to [01:44:30.000 --> 01:44:33.000] suggest you take an attorney [01:44:33.000 --> 01:44:36.000] and then you go [01:44:36.000 --> 01:44:39.000] ahead as if you were fighting your own case [01:44:39.000 --> 01:44:42.000] send me an email [01:44:42.000 --> 01:44:45.000] I'll send you a motion [01:44:45.000 --> 01:44:48.000] I've got for council of choice [01:44:48.000 --> 01:44:51.000] what we should do Randy is we should post these kinds of [01:44:51.000 --> 01:44:54.000] documents on the website [01:44:54.000 --> 01:44:57.000] so that we don't have [01:44:57.000 --> 01:45:00.000] so that we don't have to like spend all of our time [01:45:00.000 --> 01:45:03.000] responding to emails and sending documents to people that [01:45:03.000 --> 01:45:06.000] everyone should be able to access anyway [01:45:06.000 --> 01:45:09.000] I don't need to do that but another one of the things [01:45:09.000 --> 01:45:12.000] I haven't had time to get to but if you send me an email [01:45:12.000 --> 01:45:15.000] I'll send you a document for co-counsel [01:45:15.000 --> 01:45:18.000] and then you act as this is where you [01:45:18.000 --> 01:45:21.000] you're still counsel but you want him for [01:45:21.000 --> 01:45:24.000] co-counsel and then you [01:45:24.000 --> 01:45:27.000] anything you want addressed with the court [01:45:27.000 --> 01:45:30.000] prepare the motions and the arguments and give it to your attorney [01:45:30.000 --> 01:45:33.000] and say file these argue these [01:45:33.000 --> 01:45:36.000] and when he refuses to file bar grievances against him kick [01:45:36.000 --> 01:45:39.000] his behind and the judge will hate that happening [01:45:39.000 --> 01:45:42.000] the weakness [01:45:42.000 --> 01:45:45.000] you go after them where they're weak [01:45:45.000 --> 01:45:48.000] you can get your attorney to help you out by kicking [01:45:48.000 --> 01:45:51.000] his behind every way from Sunday he's going to be [01:45:51.000 --> 01:45:54.000] reluctant to do anything that the judge doesn't like [01:45:54.000 --> 01:45:57.000] so and a lot of these attorneys would [01:45:57.000 --> 01:46:00.000] really like to be a good attorney but but they're kind of [01:46:00.000 --> 01:46:03.000] stuck if they PO the judge the judge [01:46:03.000 --> 01:46:06.000] will screw him around so what you do is help him out [01:46:06.000 --> 01:46:09.000] by giving him plausible deniability [01:46:09.000 --> 01:46:12.000] you file two or three bar grievances on him and then he's [01:46:12.000 --> 01:46:15.000] going to run to the judge and say judge I'm sorry I have to [01:46:15.000 --> 01:46:18.000] adjudicate this case this guy's kicking my behind [01:46:18.000 --> 01:46:21.000] so he's got plausible deniability judge can't get mad at him [01:46:21.000 --> 01:46:24.000] because he's getting beat up and then you can force [01:46:24.000 --> 01:46:27.000] your attorney to actually adjudicate your case [01:46:27.000 --> 01:46:30.000] you don't recommend trying to represent yourself [01:46:30.000 --> 01:46:33.000] no they will screw you royal [01:46:33.000 --> 01:46:36.000] they will ignore everything [01:46:36.000 --> 01:46:39.000] at least with an attorney if you kick your attorneys behind [01:46:39.000 --> 01:46:42.000] real good at least you got a chance [01:46:42.000 --> 01:46:45.000] but pro se unless you're extremely knowledgeable [01:46:45.000 --> 01:46:48.000] you have almost no chance [01:46:48.000 --> 01:46:51.000] just from that level I do this [01:46:51.000 --> 01:46:54.000] to go after the judge himself I want him to screw it up [01:46:54.000 --> 01:46:57.000] so I can go after the judge but if you're not [01:46:57.000 --> 01:47:00.000] proficient in law if you're not [01:47:00.000 --> 01:47:03.000] knowledgeable enough and your liberties at stake [01:47:03.000 --> 01:47:06.000] you don't want to do that I do this when I go pick the fight [01:47:06.000 --> 01:47:09.000] and my liberties not at stake your liberties [01:47:09.000 --> 01:47:12.000] at stake that's a different deal get an attorney [01:47:12.000 --> 01:47:15.000] and call back in next [01:47:15.000 --> 01:47:18.000] Thursday we've got a show busy Monday but call in back [01:47:18.000 --> 01:47:21.000] in next Thursday and we'll talk more about how to [01:47:21.000 --> 01:47:24.000] deal with your attorney yeah yeah [01:47:24.000 --> 01:47:27.000] but I'm going to send you that email [01:47:27.000 --> 01:47:30.000] good okay thank you Kenneth thank you [01:47:30.000 --> 01:47:33.000] all right all right we're going to go now to [01:47:33.000 --> 01:47:36.000] Mike in Texas Mike thanks for [01:47:36.000 --> 01:47:38.000] calling in what's on your mind tonight [01:47:38.000 --> 01:47:41.000] hi there well I have been [01:47:41.000 --> 01:47:44.000] trying to get in for a couple of nights Randy wanted me to call in [01:47:44.000 --> 01:47:47.000] I'm the guy that has the [01:47:47.000 --> 01:47:50.000] judge in Collin County that had no oath of office [01:47:50.000 --> 01:47:53.000] either did the prosecutors or anybody else [01:47:53.000 --> 01:47:56.000] so have you prepared criminal [01:47:56.000 --> 01:47:59.000] charges against them for impersonating a public official [01:47:59.000 --> 01:48:02.000] not yet because I'm not sure [01:48:02.000 --> 01:48:05.000] exactly how to do that but I would love to [01:48:05.000 --> 01:48:08.000] well look at it this way he has [01:48:08.000 --> 01:48:11.000] to meet certain requirements [01:48:11.000 --> 01:48:14.000] as I just read the statute the other [01:48:14.000 --> 01:48:17.000] day the bond must be filed [01:48:17.000 --> 01:48:20.000] with the oath of office it's what statute [01:48:20.000 --> 01:48:23.000] says okay so he violated a law relating [01:48:23.000 --> 01:48:26.000] to his office he did not meet the requirements of the office [01:48:26.000 --> 01:48:29.000] so he is has vacated [01:48:29.000 --> 01:48:32.000] the office but he's acting [01:48:32.000 --> 01:48:35.000] as if he hasn't so you [01:48:35.000 --> 01:48:38.000] know if I go out to the uniform store and rent a uniform [01:48:38.000 --> 01:48:41.000] put a badge on give me a little bubble put it on the [01:48:41.000 --> 01:48:44.000] car and pull you over the police are not [01:48:44.000 --> 01:48:47.000] going to file a challenge to my jurisdiction [01:48:47.000 --> 01:48:50.000] no they're going to [01:48:50.000 --> 01:48:53.000] give me a demonstration of my lack of jurisdiction [01:48:53.000 --> 01:48:56.000] and the judge is no different [01:48:56.000 --> 01:48:59.000] now what happened here was he had [01:48:59.000 --> 01:49:02.000] he was elected in [01:49:02.000 --> 01:49:05.000] 06 and [01:49:05.000 --> 01:49:08.000] filed his anti-bribery statement on [01:49:08.000 --> 01:49:11.000] time but no oath of office and then whenever I challenged him [01:49:11.000 --> 01:49:14.000] on it in court and explained to him [01:49:14.000 --> 01:49:17.000] and showed him the cases and everything else he [01:49:17.000 --> 01:49:20.000] kind of figured maybe I need to do this and so [01:49:20.000 --> 01:49:23.000] last time I checked he had one that he [01:49:23.000 --> 01:49:26.000] had filed and it was dated [01:49:26.000 --> 01:49:29.000] January 1, 2007 and filed January [01:49:29.000 --> 01:49:32.000] 14, 2009 [01:49:32.000 --> 01:49:35.000] tampering with a government document is a felony [01:49:35.000 --> 01:49:38.000] in Texas 3710 penal code [01:49:38.000 --> 01:49:41.000] in the first place I'd like to know where he got sworn in on [01:49:41.000 --> 01:49:44.000] New Year's Day because it was originally [01:49:44.000 --> 01:49:47.000] typed up December 1st [01:49:47.000 --> 01:49:50.000] and they changed the date realizing oh that may be too late [01:49:50.000 --> 01:49:53.000] let's move it back to January struck out December and [01:49:53.000 --> 01:49:56.000] cancelled in January oh that's rich [01:49:56.000 --> 01:49:59.000] okay false statement government document oh yeah [01:49:59.000 --> 01:50:02.000] felony oh this would be fun you're going to have a hoot with this [01:50:02.000 --> 01:50:05.000] oh I know I want to [01:50:05.000 --> 01:50:08.000] a little guidance I've never gone down this road before [01:50:08.000 --> 01:50:11.000] okay it's late in the show today [01:50:11.000 --> 01:50:14.000] it's too late to go over those details but [01:50:14.000 --> 01:50:17.000] call in next Thursday we'll go through [01:50:17.000 --> 01:50:20.000] precisely how to do it I have blank criminal [01:50:20.000 --> 01:50:23.000] complaints on my website [01:50:23.000 --> 01:50:26.000] and you can if I can Thursday [01:50:26.000 --> 01:50:29.000] I'm going to be or Friday [01:50:29.000 --> 01:50:32.000] in an area that there's probably no cell phone if I'm back [01:50:32.000 --> 01:50:35.000] Thursday I can do it okay but [01:50:35.000 --> 01:50:38.000] if not I can Friday then call in Friday [01:50:38.000 --> 01:50:41.000] okay and call in early yes [01:50:41.000 --> 01:50:44.000] yeah I've tried a couple of times and been [01:50:44.000 --> 01:50:47.000] in late and you know waited on hold for the last hour [01:50:47.000 --> 01:50:50.000] sorry you know that's okay it's [01:50:50.000 --> 01:50:53.000] a good show and I'm sure you're running it on [01:50:53.000 --> 01:50:56.000] you know very economically and you know [01:50:56.000 --> 01:50:59.000] I've been in big time radio for 30 years we've got producers [01:50:59.000 --> 01:51:02.000] and screeners and things like that but I do have a call [01:51:02.000 --> 01:51:05.000] screener but the way [01:51:05.000 --> 01:51:08.000] that that I'm running this the way that it was [01:51:08.000 --> 01:51:11.000] run on WTP RN where we don't ask [01:51:11.000 --> 01:51:14.000] the listeners the callers what they want to talk about because [01:51:14.000 --> 01:51:17.000] it's uncensored radio right you know [01:51:17.000 --> 01:51:20.000] mainly so right yeah and I know how you're doing [01:51:20.000 --> 01:51:23.000] it but you know it's [01:51:23.000 --> 01:51:26.000] sometimes can help you know to know you know okay well [01:51:26.000 --> 01:51:29.000] here's somebody that we're looking for whatever but anyway I'm not criticizing [01:51:29.000 --> 01:51:32.000] love the show well see what we [01:51:32.000 --> 01:51:35.000] need what we need to do is that Randy needs to tell me [01:51:35.000 --> 01:51:38.000] ahead of time if some if somebody's going to [01:51:38.000 --> 01:51:41.000] be calling in that he's expecting [01:51:41.000 --> 01:51:44.000] so that we can I can put him ahead of the line [01:51:44.000 --> 01:51:47.000] or I have them as a guest and put [01:51:47.000 --> 01:51:50.000] him on the guest bridge because I have done that before Mike [01:51:50.000 --> 01:51:53.000] I mean Randy will tell me if so and so calls in put him in the head [01:51:53.000 --> 01:51:56.000] of the list and I do that because I see him on the call screen I know who they are [01:51:56.000 --> 01:51:59.000] so I do that okay but I think the thing is [01:51:59.000 --> 01:52:02.000] here that there's a lack of communication you know if [01:52:02.000 --> 01:52:05.000] I wasn't sure when you were going to call in yeah Randy needs to [01:52:05.000 --> 01:52:08.000] Randy just needs to tell me that's all Randy you know if I have [01:52:08.000 --> 01:52:11.000] if I have a heads up then I'll know but if I don't know [01:52:11.000 --> 01:52:14.000] then I can't do anything about it anyway all the stuff [01:52:14.000 --> 01:52:17.000] that we've got going on here we've got the judge with his [01:52:17.000 --> 01:52:20.000] false document we've got [01:52:20.000 --> 01:52:23.000] the and and what they were [01:52:23.000 --> 01:52:26.000] proposing was that [01:52:26.000 --> 01:52:29.000] because I got the judge almost you know arguing [01:52:29.000 --> 01:52:32.000] my case at one point after I kept [01:52:32.000 --> 01:52:35.000] presenting the law and showing him what it was [01:52:35.000 --> 01:52:38.000] and he didn't really want to get on the wrong side of it [01:52:38.000 --> 01:52:41.000] he's a new judge so he doesn't know the rules yet [01:52:44.000 --> 01:52:47.000] anyway the [01:52:47.000 --> 01:52:50.000] what he was talking about doing was just [01:52:50.000 --> 01:52:53.000] my motion to dismiss with prejudice [01:52:53.000 --> 01:52:56.000] just considering that as a motion to quash [01:52:56.000 --> 01:52:59.000] and then the state can refile a new [01:52:59.000 --> 01:53:02.000] complaint because the complaint was drawn up by the [01:53:02.000 --> 01:53:05.000] city prosecutor who has no oath of office in his state [01:53:05.000 --> 01:53:08.000] that he doesn't need one and so [01:53:08.000 --> 01:53:11.000] if they do that [01:53:11.000 --> 01:53:14.000] you know wouldn't original [01:53:14.000 --> 01:53:17.000] jurisdiction though revert back to municipal court [01:53:17.000 --> 01:53:20.000] because the county court really can't come in as the original [01:53:20.000 --> 01:53:23.000] jurisdiction on a traffic ticket can they? No [01:53:23.000 --> 01:53:26.000] no they can't wait a minute one other thing [01:53:26.000 --> 01:53:29.000] you said the prosecutor wrote up the complaint [01:53:29.000 --> 01:53:32.000] oh yeah that's another one I know that [01:53:32.000 --> 01:53:35.000] did he sign it? Yes [01:53:35.000 --> 01:53:38.000] now wait a minute is it a complaint [01:53:38.000 --> 01:53:41.000] or an information? It's a complaint [01:53:41.000 --> 01:53:44.000] then he's forbidden specifically to do that [01:53:44.000 --> 01:53:47.000] he is the affiant on it [01:53:47.000 --> 01:53:50.000] he is absolutely forbidden by statute [01:53:50.000 --> 01:53:53.000] I know that [01:53:53.000 --> 01:53:56.000] in order to avoid the obvious evils of the [01:53:56.000 --> 01:53:59.000] accumulation of powers in any one office Kennedy State [01:53:59.000 --> 01:54:02.000] I wrote all of this up in municipal court and the judge basically [01:54:02.000 --> 01:54:05.000] said I don't care about any of that [01:54:05.000 --> 01:54:08.000] I'm overruling all of that [01:54:08.000 --> 01:54:11.000] against the judge for official misconduct [01:54:11.000 --> 01:54:14.000] okay [01:54:14.000 --> 01:54:17.000] and I would again love to do that [01:54:17.000 --> 01:54:20.000] these are things we'll address [01:54:20.000 --> 01:54:23.000] we'll address that next week sure [01:54:23.000 --> 01:54:26.000] that'll be a hoot [01:54:26.000 --> 01:54:29.000] this is going to be a good one [01:54:29.000 --> 01:54:32.000] I haven't even done it yet but [01:54:32.000 --> 01:54:35.000] several of the judges up there don't have oath [01:54:35.000 --> 01:54:38.000] on the trial that's going on in Collin County [01:54:38.000 --> 01:54:41.000] I'm almost you know [01:54:41.000 --> 01:54:44.000] tempted to go see okay does that judge [01:54:44.000 --> 01:54:47.000] have an oath on him? Well you need to because [01:54:47.000 --> 01:54:50.000] if the judge gets a conviction the guy could wind up [01:54:50.000 --> 01:54:53.000] hitting the street yeah exactly [01:54:53.000 --> 01:54:56.000] so it's your duty absolutely [01:54:56.000 --> 01:54:59.000] okay we really need to move along we got two three more callers [01:54:59.000 --> 01:55:02.000] falling into error but call us back next week [01:55:02.000 --> 01:55:05.000] to go through I will I sure will Freddie thank you [01:55:05.000 --> 01:55:08.000] alright thanks Mike yeah and Collin early and [01:55:08.000 --> 01:55:11.000] we'll work on our communications [01:55:11.000 --> 01:55:14.000] so that we'll have a heads up [01:55:14.000 --> 01:55:17.000] so when to expect certain people to call [01:55:17.000 --> 01:55:20.000] if that's what is on the schedule [01:55:20.000 --> 01:55:23.000] okay we are going to go now to Rick [01:55:23.000 --> 01:55:26.000] in California Rick thanks for calling in [01:55:26.000 --> 01:55:29.000] what's on your mind tonight? Thanks for having me guys [01:55:29.000 --> 01:55:32.000] I'll make it real quick because I know you guys have no time [01:55:32.000 --> 01:55:35.000] I basically went to court two days ago I filed a [01:55:35.000 --> 01:55:38.000] counterclaim pretty much putting the judges name and the city [01:55:38.000 --> 01:55:41.000] I'm suing them on the criminal side [01:55:41.000 --> 01:55:44.000] the judge you know tried to make me innovate my paperwork [01:55:44.000 --> 01:55:47.000] which I wasn't budging which they usually will ask you [01:55:47.000 --> 01:55:50.000] what do you want to do and if you say anything that pertains to [01:55:50.000 --> 01:55:53.000] your case or your paperwork you basically [01:55:53.000 --> 01:55:56.000] override it with your verbally and that's what they'll try to do [01:55:56.000 --> 01:55:59.000] that's what they always do that they'll ask that question but [01:55:59.000 --> 01:56:02.000] long story short he said he's going to move forward anyways [01:56:02.000 --> 01:56:05.000] which he shouldn't have so now I'm going to wait and see [01:56:05.000 --> 01:56:08.000] this week coming up if the cop doesn't show up [01:56:08.000 --> 01:56:11.000] it was probably meant to be because he said [01:56:11.000 --> 01:56:14.000] you better not show up because you know what I'm doing but if the cop [01:56:14.000 --> 01:56:17.000] doesn't show up I told the judge that I need an attorney [01:56:17.000 --> 01:56:20.000] and you know that's it's about more time so I can file more paperwork [01:56:20.000 --> 01:56:23.000] against the judge I'm going to file criminal charges against him [01:56:23.000 --> 01:56:26.000] the city and the officer and anybody else [01:56:26.000 --> 01:56:29.000] that I can't put it in there and think of so [01:56:29.000 --> 01:56:32.000] I'll be doing that next week coming up [01:56:32.000 --> 01:56:35.000] Rick you're having entirely too much fun [01:56:35.000 --> 01:56:38.000] Rick this is great and I want to thank you guys [01:56:38.000 --> 01:56:41.000] because you guys made it possible you know you guys were the first ones that [01:56:41.000 --> 01:56:44.000] actually were doing it and you know you guys gave me the courage so [01:56:44.000 --> 01:56:47.000] I want to thank you guys thanks Rick keep at it [01:56:47.000 --> 01:56:50.000] okay so you guys have a great night and hopefully the next call [01:56:50.000 --> 01:56:53.000] all right thank you all right we do have one more caller [01:56:53.000 --> 01:56:56.000] we've got Gail from Minnesota Gail thanks for calling in [01:56:56.000 --> 01:56:59.000] what's the update what's on your mind tonight [01:56:59.000 --> 01:57:02.000] hey good evening how are you guys doing [01:57:02.000 --> 01:57:05.000] I'm really [01:57:05.000 --> 01:57:08.000] simple [01:57:08.000 --> 01:57:11.000] I just [01:57:11.000 --> 01:57:14.000] I just tonight got a copy of a letter [01:57:14.000 --> 01:57:17.000] I have not been hearing back from the [01:57:17.000 --> 01:57:20.000] attorney that's supposed to be my attorney on this case [01:57:20.000 --> 01:57:23.000] and I had been trying to [01:57:23.000 --> 01:57:26.000] I've been leaving email phone messages [01:57:26.000 --> 01:57:29.000] since the first week in December [01:57:29.000 --> 01:57:32.000] didn't hear back from him [01:57:32.000 --> 01:57:35.000] finally and [01:57:35.000 --> 01:57:38.000] the let's see the 7th of January [01:57:38.000 --> 01:57:41.000] he was supposed to meet with my sister-in-law and I might [01:57:41.000 --> 01:57:44.000] my brother's wife who is doing the audit on this [01:57:44.000 --> 01:57:47.000] company business [01:57:47.000 --> 01:57:50.000] to try to get the [01:57:50.000 --> 01:57:53.000] documents my husband's been trying to keep out of the [01:57:53.000 --> 01:57:56.000] records and stuff long story short [01:57:56.000 --> 01:57:59.000] you already know the judge is hostile and everything else [01:57:59.000 --> 01:58:02.000] well the custody evaluation [01:58:02.000 --> 01:58:05.000] like I told you came back with the custody [01:58:05.000 --> 01:58:08.000] evaluator after he tried to forward it for two and a half years [01:58:08.000 --> 01:58:11.000] okay quickly quickly we're out of time yes Gail we may have to [01:58:11.000 --> 01:58:14.000] get into this on another night I know I'm [01:58:14.000 --> 01:58:17.000] sorry you know I know that your case is very [01:58:17.000 --> 01:58:20.000] involved but we're at the end of the show here [01:58:20.000 --> 01:58:23.000] can you just give us some highlights quickly because [01:58:23.000 --> 01:58:26.000] we're going to have to end the show very soon [01:58:26.000 --> 01:58:29.000] highlights quickly is he never called me back [01:58:29.000 --> 01:58:32.000] attorney I just got a letter saying that he had a [01:58:32.000 --> 01:58:35.000] phone consult [01:58:35.000 --> 01:58:38.000] conference with opposing counsel and the judge [01:58:38.000 --> 01:58:41.000] agreed to a second custody evaluation [01:58:41.000 --> 01:58:44.000] which there's no way he should agree that the kids [01:58:44.000 --> 01:58:47.000] have to go through a second custody evaluation [01:58:47.000 --> 01:58:50.000] okay Gail wait a minute I'm sorry this is too complicated we've got [01:58:50.000 --> 01:58:53.000] ten seconds left we're going to have to get into this can you please call [01:58:53.000 --> 01:58:56.000] in earlier next time alright we will be back [01:58:56.000 --> 01:58:59.000] Monday night this is the rule of law on rule of law radio [01:58:59.000 --> 01:59:09.000] Randy Kelton and Deborah Stevens [01:59:29.000 --> 01:59:32.000] I'm dangerous [01:59:32.000 --> 01:59:35.000] I'm so dangerous [01:59:35.000 --> 01:59:38.000] I'm like a chopping razor [01:59:38.000 --> 01:59:41.000] don't touch my sides I'm dangerous [01:59:41.000 --> 01:59:44.000] dangerous [01:59:44.000 --> 01:59:47.000] if you eat that sport [01:59:47.000 --> 01:59:50.000] then you treat me good [01:59:50.000 --> 01:59:53.000] if you drink that soup [01:59:53.000 --> 01:59:56.000] you better treat me good [01:59:56.000 --> 01:59:59.000] I'm like a stepping razor [01:59:59.000 --> 02:00:27.000] don't touch my sides I'm dangerous