[00:00.000 --> 00:09.600]  Some 50,000 new housing units in Jerusalem neighborhoods beyond the Green Line are in
[00:09.600 --> 00:14.400]  various states of planning and approval. Most of the units will be built in predominantly
[00:14.400 --> 00:19.960]  Jewish neighborhoods beyond the Green Line, while a smaller number will be built in Arab
[00:19.960 --> 00:25.960]  neighborhoods. Vice President Joe Biden condemned the move, saying the decision undermined peace
[00:25.960 --> 00:31.480]  talks. The U.S. State Department Friday issued its annual Human Rights Report, and once again
[00:31.480 --> 00:37.800]  the human rights situation in America's two largest battlegrounds, Afghanistan and Iraq,
[00:37.800 --> 00:42.960]  continued to worsen. The Afghanistan report focused on the civilians killed, blaming the
[00:42.960 --> 00:49.600]  Taliban for the increase in civilian deaths. It also pointed out human trafficking, restrictions
[00:49.600 --> 00:56.000]  on press and religion, torture and poor prison conditions. Only a brief mention was given
[00:56.000 --> 01:07.040]  to the massive civilian toll from NATO airstrikes. In Somalia, 43 people were killed and hundreds
[01:07.040 --> 01:13.920]  wounded in the past 48 hours as dueling offensives by the African Union-backed Somali government
[01:13.920 --> 01:20.000]  and a militant faction led to some of the fiercest fighting in weeks. Most of the casualties
[01:20.000 --> 01:25.520]  were civilians, and fighting prevented wounded people from being rescued as they lay dying
[01:25.520 --> 01:32.000]  in the street. Karl Rove, a senior adviser to former President George Bush, has defended
[01:32.000 --> 01:37.680]  harsh interrogation techniques such as waterboarding, saying he was proud of the intelligence the
[01:37.680 --> 01:43.920]  U.S. gained from using them. Rove was often referred to as Bush's brain and is credited
[01:43.920 --> 01:50.640]  with Bush's electoral successes. Last January, Barack Obama barred the use of waterboarding
[01:50.640 --> 02:00.320]  after defining it as a form of torture. A bank examiner's report says Lehman Brothers
[02:00.320 --> 02:07.040]  used a counting sleight of hand to conceal the bad investments that led to its undoing.
[02:07.040 --> 02:12.600]  The report concluded Lehman died from bad mortgage holdings and, less directly, demands
[02:12.600 --> 02:18.160]  by rivals like JPMorgan Chase and Citigroup that the Foundering Bank post-collateral
[02:18.160 --> 02:23.960]  against loans it desperately needed. But the examiner Anton Valloukas laid out what the
[02:23.960 --> 02:29.160]  report characterized as, quote, materially misleading accounting gimmicks that Lehman
[02:29.160 --> 02:35.720]  used to mask the perilous state of its finances. Lehman's bankruptcy, the largest in U.S. history,
[02:35.720 --> 02:41.120]  shook the financial world. According to the report, Lehman used what amounted to financial
[02:41.120 --> 02:47.680]  engineering to temporarily shuffle $50 billion of troubled assets off its books in the months
[02:47.680 --> 02:53.640]  before its collapse in September 2008 to conceal its dependence on borrowed money.
[02:53.640 --> 03:08.640]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[03:08.640 --> 03:24.640]  talk radio at its best.
[03:24.640 --> 03:43.640]  What you want, what you want, what you're gonna do, when the sun rose over you. Tell
[03:43.640 --> 03:52.640]  me, what you wanna do, what you gonna do. Bad boys, bad boys, what you gonna do, what
[03:52.640 --> 03:57.640]  you gonna do when they come for you. Bad boys, bad boys.
[03:57.640 --> 04:16.640]  Good evening, everybody. This is Eddie Craig and Randy Kelton. Debra Stevens is still downtown
[04:16.640 --> 04:22.640]  with the Architect and Engineers for 9-11 setup, getting ready for the big day tomorrow.
[04:22.640 --> 04:27.640]  I would once again like to remind you folks to be sure and go out there. It's from 1 to
[04:27.640 --> 04:32.640]  9 o'clock tomorrow. We will be broadcasting at live starting at 1 o'clock on Rule of Law
[04:32.640 --> 04:37.640]  Radio, so you can also tune into it over the Internet. But for those of you that can go
[04:37.640 --> 04:41.640]  out and see these folks face to face, please do so.
[04:41.640 --> 04:48.640]  All right, tonight is our four-hour Friday. So I will forewarn you, we are having some
[04:48.640 --> 04:53.640]  trouble with the phone bridge. So if you do get cut off or dropped off, please call back
[04:53.640 --> 04:59.640]  in when we get it opened up and ready to take calls. Randy, anything in particular you want
[04:59.640 --> 05:02.640]  to start off with tonight, or do you mind if I...
[05:02.640 --> 05:05.640]  No, you had an issue. Go ahead with it.
[05:05.640 --> 05:10.640]  All right. Well, as you folks know, I've told you that we've been posting on the Ellis County
[05:10.640 --> 05:15.640]  server, talking to a lot of the police officers in Ellis County and the surrounding area over
[05:15.640 --> 05:23.640]  there, and listening to their utter diatribes on numerous, numerous things, none of which
[05:23.640 --> 05:29.640]  have been really worth noting for the most part. But this was the last post that I made
[05:29.640 --> 05:36.640]  on the 17th, which was day before yesterday. One of our listeners went out and made a post
[05:36.640 --> 05:42.640]  and then notified me, and I went out and checked his post and made one more. There's been a
[05:42.640 --> 05:46.640]  lot of comments on this stuff that we've been posting out there, and apparently these folks
[05:46.640 --> 05:52.640]  have abandoned trying to respond because we found out that they were mostly police officers
[05:52.640 --> 05:57.640]  that were just being a bunch of naysayers and trying to make everybody disbelieve, but
[05:57.640 --> 06:03.640]  they're not doing it. Anyway, this is the last post that I made. On the follow-up comment,
[06:03.640 --> 06:08.640]  apparently I am not in the minority of those that can read and understand plain English.
[06:08.640 --> 06:13.640]  By the way, I may have an update on just such a lawsuit for you guys in the very near future.
[06:13.640 --> 06:17.640]  Officers, pay close attention. Odds are that you could very well be the next one put on
[06:17.640 --> 06:22.640]  trial for your actions. I would highly recommend that you begin a more voracious study of the
[06:22.640 --> 06:27.640]  statutes you're operating under and some higher level of discernment to go with it. The only
[06:27.640 --> 06:31.640]  way you're going to avoid being sued is to obey the law in every respect, beginning to
[06:31.640 --> 06:36.640]  end, and I will do everything I can to assist those that are harmed by you to make certain
[06:36.640 --> 06:42.640]  that accountability on your part is fully demanded and received. I wish no public servant
[06:42.640 --> 06:46.640]  an ill will or harm of any kind, but I do insist that they do their job, they do it
[06:46.640 --> 06:51.640]  honestly, and in compliance with the respective constitutions and laws and in what is in the
[06:51.640 --> 06:57.640]  people's best interest, not yours or the so-called governments. Governments are instituted for
[06:57.640 --> 07:02.640]  the sole purpose of safeguarding the rights of the people. If you either do not know that
[07:02.640 --> 07:07.640]  or doubt it, then go back and read the Declaration of Independence. When each and every one of
[07:07.640 --> 07:11.640]  you understand that your primary role and mission is to protect the rights of the people
[07:11.640 --> 07:18.640]  as individuals, meaning my rights, my property, my liberty, then I will have more respect
[07:18.640 --> 07:23.640]  for you. Until then, any respect you receive is required to be earned, as it will not be
[07:23.640 --> 07:30.640]  presumed. And then I put a short excerpt out of the Declaration of Independence. In Congress,
[07:30.640 --> 07:37.640]  July 4, 1776, the unanimous declaration of the 13 United States of America. Now, I want
[07:37.640 --> 07:41.640]  you to pay close attention to a little bit that I bring out to these officers here. When
[07:41.640 --> 07:46.640]  in the course of human events, it becomes necessary for one people to dissolve the political
[07:46.640 --> 07:51.640]  bands which have connected them with another and to assume among the powers of the earth
[07:51.640 --> 07:57.640]  the separate and equal station to which the laws of nature and nature's God entitle them.
[07:57.640 --> 08:02.640]  A decent respect to the opinions of mankind requires that they should declare the causes
[08:02.640 --> 08:08.640]  which impale them to the separation. We hold these truths to be self-evident that all men
[08:08.640 --> 08:13.640]  are created equal, that they are endowed by their creator with certain unalienable rights,
[08:13.640 --> 08:19.640]  that among these are life, liberty, and the pursuit of happiness, that to secure these
[08:19.640 --> 08:25.640]  rights, governments are instituted among men, deriving their just powers from the consent
[08:25.640 --> 08:31.640]  of the governed, that whenever any form of government becomes destructive of those ends,
[08:31.640 --> 08:36.640]  it is the right of the people to alter or to abolish it and to institute new government,
[08:36.640 --> 08:41.640]  laying its foundation on such principles and organizing its powers in such form as to them
[08:41.640 --> 08:47.640]  shall seem most likely to affect their safety and happiness.
[08:47.640 --> 08:54.640]  Officers, did you notice that it clearly states that we the people are separate and equal,
[08:54.640 --> 09:02.640]  meaning we have individual rights, not collective or social rights? Does that fact escape you?
[09:02.640 --> 09:08.640]  Does it not specifically state that governments are instituted for the sole purpose of securing
[09:08.640 --> 09:14.640]  these individual rights? Could you possibly be more obtuse in your refusal to recognize
[09:14.640 --> 09:20.640]  that you are fighting against everything you swore to uphold, protect, and defend when
[09:20.640 --> 09:23.640]  you became an officer?
[09:23.640 --> 09:28.640]  Attorneys and lawyers, for the majority of you I can justify the existence of the cockroach
[09:28.640 --> 09:33.640]  and dung beetle more readily than I can yours. You live to make a mockery of justice and
[09:33.640 --> 09:38.640]  the law, twisting both to suit whatever ends you can justify within your infinitesimally
[09:38.640 --> 09:44.640]  small minds. Education, and I should have said schooling, but still, education does
[09:44.640 --> 09:50.640]  not make one more of a man or more insightful to the universe or the will of God. What good
[09:50.640 --> 09:54.640]  are all the man-made degrees in the world if they are used for nothing more than selfish
[09:54.640 --> 09:59.640]  goals and personal enrichment at the expense of others? If there is a more contentable
[09:59.640 --> 10:04.640]  lot of life-sucking, money-grubbing, lecherous, and disreputable individuals on this planet,
[10:04.640 --> 10:09.640]  I have not yet found them. Finding and dealing with one that is honest and forthright is
[10:09.640 --> 10:14.640]  by far the exception and not the rule. Good luck to you on the day of judgment as I believe
[10:14.640 --> 10:17.640]  that your sentence has already been pronounced.
[10:17.640 --> 10:24.640]  In Luke 1146 out of the New Testament, and he said, Woe unto you also, ye lawyers, for
[10:24.640 --> 10:29.640]  ye laid men with burdens grievous to be borne, and ye yourselves touched not the burdens
[10:29.640 --> 10:35.640]  with one of your fingers. Luke 1152, Woe unto you, lawyers, for ye have taken away the key
[10:35.640 --> 10:41.640]  of knowledge, ye entered not in yourselves, and them that were entering in ye hindered.
[10:41.640 --> 10:45.640]  Just like the Pharisees, you believe that the laws of man are superior to the word of
[10:45.640 --> 10:50.640]  God and the rights of the people. Justice be damned as long as you get your bill paid
[10:50.640 --> 10:55.640]  at the end of the day. How does it feel to make a living off the misery and misfortune
[10:55.640 --> 11:01.640]  of others? My greatest concern is those that answer, It feels fine. I have never been one
[11:01.640 --> 11:06.640]  that goes along to get along. That is how crimes are committed. We have all seen the
[11:06.640 --> 11:11.640]  kind of movie where the good kid is led astray by the bad crowd because he just goes along
[11:11.640 --> 11:17.640]  to get along or is afraid of being ridiculed or cast out by his peers for being afraid.
[11:17.640 --> 11:22.640]  That is probably the best description of both the officers and the liars, and in parentheses
[11:22.640 --> 11:27.640]  I said, I could have said attorneys and lawyers, but I bet no one notices any difference. You
[11:27.640 --> 11:32.640]  are too afraid to do or say what you think is right because you might be ridiculed or
[11:32.640 --> 11:38.640]  punished by your peers and superiors. By acquiescing so as to avoid such things, you make yourselves
[11:38.640 --> 11:43.640]  cowards, therefore a part of the problem itself. That is your choice, and you are the ones
[11:43.640 --> 11:48.640]  that have to live with an answer for it some day. To all those that acknowledged and supported
[11:48.640 --> 11:53.640]  the facts presented and reviewed them with an open mind, thank you. I hold no grudge
[11:53.640 --> 11:58.640]  against those in honest disagreement. It just disappoints me that they are not more willing
[11:58.640 --> 12:03.640]  to understand the most basic principles of freedom that make what I have presented the
[12:03.640 --> 12:10.640]  only constitutionally consistent outcome to the arguments made. God bless.
[12:10.640 --> 12:18.640]  Now, that was the last post. I covered a lot of ground, and yes, I got a little abrasive
[12:18.640 --> 12:22.640]  with some folks, but I am pretty sure that most listeners out there will agree it was
[12:22.640 --> 12:30.640]  not undeserved. We can blame a lot of society's problems right now right on the heads of the
[12:30.640 --> 12:36.640]  lawyers. If not for lawyers, we would not have some of the mess we have when it comes
[12:36.640 --> 12:43.640]  to the justice system, to the rights of the people to get justice from that system, and
[12:43.640 --> 12:50.640]  to actually be able to walk into a courtroom and hold our heads high and know that we have
[12:50.640 --> 12:56.640]  the right to speak and present evidence and confront witnesses and accusers the whole
[12:56.640 --> 13:02.640]  nine yards, and we do not have to know a lot of tricks of the trade to be successful at
[13:02.640 --> 13:09.640]  it. That is what the lawyers have given us, a system that is a crap shoot. If you do not
[13:09.640 --> 13:16.640]  know all the rules and everything about it, your odds are all with the house and stacked
[13:16.640 --> 13:22.640]  against you. That is not what justice is supposed to be about. It is not about the process.
[13:22.640 --> 13:28.640]  It is not about the rules. It is about what is true, what is right, what is fair, what
[13:28.640 --> 13:35.640]  is moral, what is just. And we can blame the lack of all of that squarely on the head of
[13:35.640 --> 13:41.640]  the majority of lawyers that we have got in this country, because they are the ones that
[13:41.640 --> 13:47.640]  sit in power in that entire branch of government and make them the way they are. Randy, I
[13:47.640 --> 13:56.640]  heard you are about to chime in. Yes, I disagree to some degree. Okay, which degree? Lawyers,
[13:56.640 --> 14:04.640]  the judges. But they are lawyers. They are just not practicing anymore. They are apparently
[14:04.640 --> 14:14.640]  not. They are lawyers. They are just playing to the judges. To think that we can go in
[14:14.640 --> 14:23.640]  with an argument that will win is naive. At this point, we are truly in a police state,
[14:23.640 --> 14:32.640]  in a fascist police state at that. Whoever has the deepest pockets or the most political
[14:32.640 --> 14:42.640]  pull is going to win and no one seems to care. I had a judge recently. I thought this might
[14:42.640 --> 14:49.640]  be one that was actually honest and turned out he was just playing us. They all play
[14:49.640 --> 14:57.640]  to the political winds of the moment or to whoever has the most money to shake at them.
[14:57.640 --> 15:05.640]  This country is in a terrible mess. And if we do not shake out these corrupt judges,
[15:05.640 --> 15:13.640]  it is going to do nothing but get worse. There may be a fix, and if there is a fix, it is
[15:13.640 --> 15:21.640]  going to be with the judges. The more I look at it, the more frustrated I get with the
[15:21.640 --> 15:28.640]  whole system. And the more I am certain, if we do not start bringing judges to task, we
[15:28.640 --> 15:33.640]  are not going to have a system. And I do not mean shooting at judges. There have been more
[15:33.640 --> 15:39.640]  attacks on judges recently than in past history, and I am going to suggest that is the worst
[15:39.640 --> 15:47.640]  thing to do, because that gives them reason to put more people with guns at the doors
[15:47.640 --> 15:57.640]  and in the courts and tighten down this military takeover that we have now. We need to take
[15:57.640 --> 16:03.640]  the judges on with their own rules and stop being afraid of these guys. We need to go
[16:03.640 --> 16:11.640]  in the front door knowing that the judge is not going to hold you to the same standard
[16:11.640 --> 16:16.640]  as he does attorneys. And they will tell you that they will when you come in and represent
[16:16.640 --> 16:24.640]  yourself, and that is patently untrue. They will not hold you to the same standard that
[16:24.640 --> 16:30.640]  they will attorneys. They will hold you to a much higher standard than rule against you
[16:30.640 --> 16:39.640]  out of hand. So if we do not start doing something to take these judges to task and start taking
[16:39.640 --> 16:48.640]  them out of office, they are going to steal everything we have. If at all possible. All
[16:48.640 --> 16:53.640]  right, folks. I am just trying to be a little upbeat today. Yeah. All right, folks. We are
[16:53.640 --> 16:58.640]  about to go to break. We will be right back. This is Eddie Craig and Randy Kelton, Rule
[16:58.640 --> 17:03.640]  of Law Radio. You feel tired when talking about important topics like money and politics?
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[17:58.640 --> 18:21.640]  in mental functioning.
[18:28.640 --> 18:41.640]  All right, folks. This is Eddie Craig and Randy Kelton. Debra Stevens has a night off
[18:41.640 --> 18:47.640]  to set up for the Architects and Engineers for 9-11 seminar and conference that's going
[18:47.640 --> 18:57.640]  on tomorrow at the Double 3 Hotel in Austin. That's at 6505, 6505 North I-35. Starts from
[18:57.640 --> 19:05.640]  1 and runs till 9. Alex Jones will be speaking at 115 followed by Ron Avery at 145. Randy,
[19:05.640 --> 19:08.640]  admission is free to that. Am I correct on that?
[19:08.640 --> 19:17.640]  Yes, it is. But we appreciate donations to help those who paid for the room and the accommodations.
[19:17.640 --> 19:24.640]  Yes, please. If you can, be there and make a donation. Go out and support these guys.
[19:24.640 --> 19:29.640]  They have worked really hard since 9-11, since they've got this group formed, to be able
[19:29.640 --> 19:36.640]  to prove that everything in the government's story is absolute hogwash. It could not happen
[19:36.640 --> 19:43.640]  that way. It did not happen that way. And we need to know the truth. So please go support
[19:43.640 --> 19:44.640]  these folks.
[19:44.640 --> 19:50.640]  Help us overpack the room. We're reaching the tipping point. And overpacking the room
[19:50.640 --> 19:58.640]  of architects and engineers may well give them the confidence to move ahead with a little
[19:58.640 --> 20:07.640]  more boldness and vigor. I'm going to get to say that I was there when the worm turned.
[20:07.640 --> 20:11.640]  And I hope that all of you are there with me.
[20:11.640 --> 20:17.640]  All right. We're going to go ahead and open up the phone bridge and start taking calls
[20:17.640 --> 20:22.640]  and dealing with whatever issues you've got. So folks, remember, this is the four-hour
[20:22.640 --> 20:28.640]  Friday. So don't wait till the last minute on us tonight. We've got three and a half
[20:28.640 --> 20:31.640]  hours. So come on and get on.
[20:31.640 --> 20:36.640]  Yes. And during the break, I was going to look up an email I got from an attorney out
[20:36.640 --> 20:46.640]  of New York about the corruption in the court system. And according to her, it is absolutely
[20:46.640 --> 20:55.640]  corrupt that nobody gets a decision that's not paid for either in money or in political
[20:55.640 --> 21:04.640]  influence. And I thought about reading it, but it was just too depressing. If I read
[21:04.640 --> 21:11.640]  that, we'd all probably go out and shoot ourselves. But then on the other hand, we're getting
[21:11.640 --> 21:20.640]  more people that are willing to go after the system and fight them. It seems always the
[21:20.640 --> 21:27.640]  case. The further out of line a system gets, the more influence come in behind them to
[21:27.640 --> 21:35.640]  pull them back and even things out. So as bad as they appear, I tend, I'm beginning
[21:35.640 --> 21:42.640]  to see the sleeping giant awaken and people beginning to just reach the point to where
[21:42.640 --> 21:50.640]  they're absolutely fed up with these corrupt judges. I have some citations I got recently,
[21:50.640 --> 21:59.640]  some tickets, and I am going to have a good time going after these judges. My whole purpose
[21:59.640 --> 22:05.640]  is going to be to go after the judge. I will do everything I can to get whatever judge
[22:05.640 --> 22:11.640]  I come in front of removed from the bench and put in prison. Now, I don't have any
[22:11.640 --> 22:18.640]  illusions that I'll get that done, but I'm sure going to do everything I can go to everyone
[22:18.640 --> 22:25.640]  I can raise as much stink as I can. If we get more people doing that, we'll get these
[22:25.640 --> 22:32.640]  judges to be at least a little more cautious. And if we can get this started, I think we
[22:32.640 --> 22:39.640]  can make a difference. What about you, Eddie? Well, I think we can make a difference. The
[22:39.640 --> 22:44.640]  question is just how big a stick is it going to take to make it happen. I mean, let's
[22:44.640 --> 22:49.640]  consider Randy's talking about these judges are needing more armed individuals at the
[22:49.640 --> 22:55.640]  door. They're installing metal detectors in the buildings. Okay, if there's any judges
[22:55.640 --> 23:00.640]  listening, let me clue you in a little bit. When you start having to hide from the public,
[23:00.640 --> 23:06.640]  when you start having to avoid people for fear they're out to do you harm or hang you
[23:06.640 --> 23:13.640]  from a tree, obviously you're doing something wrong. To P.O. that many people at you, you're
[23:13.640 --> 23:21.640]  not doing something correctly. Take a good look. It shouldn't take an expert eyewitness
[23:21.640 --> 23:26.640]  to determine it's probably what you're doing in the courtroom. The kind of justice you're
[23:26.640 --> 23:33.640]  dispensing that has nothing to do with justice. If you want to be able to walk with your head
[23:33.640 --> 23:38.640]  high through the crowd with everybody else, then stop playing them for your own ends and
[23:38.640 --> 23:50.640]  your own greed. That's all I can say about it. Okay, since you're the ticket guy, I need
[23:50.640 --> 23:58.640]  an outline of issues that I need to bring up to the court. What is the primary issue
[23:58.640 --> 24:03.640]  I need to bring to the court? What for the tickets? For the tickets. For anybody who
[24:03.640 --> 24:11.640]  gets a ticket. Not the particular arguments, but what are the primary issues that I need
[24:11.640 --> 24:20.640]  to adjudicate? Primary issues. Okay. Will? Just for the listeners, I just bushwhacked
[24:20.640 --> 24:24.640]  him with that. I didn't give him any heads up that I was going to do that to him. All
[24:24.640 --> 24:29.640]  right. Now, do you wish to do this according to the procedure from beginning to end or
[24:29.640 --> 24:35.640]  just dealing with the merits? Procedure. I want to know what I should develop first and
[24:35.640 --> 24:41.640]  what second. Okay. The very first thing is, after you get your tickets, I would recommend
[24:41.640 --> 24:50.640]  you wait three to five days. Then you go down and request a certified copy of everything
[24:50.640 --> 24:57.640]  in your court folder. Now, be aware, these courts are now going through the process of
[24:57.640 --> 25:04.640]  making everything electronic. They have nothing in your court folder. Everything is kept in
[25:04.640 --> 25:12.640]  the computer. Now, I can see multiple problems with this. One of which is the computer system
[25:12.640 --> 25:18.640]  does not comply with the law because the law requires that judge at the examining trial
[25:18.640 --> 25:24.640]  that never got held to have sealed all of those records up in an envelope and forwarded
[25:24.640 --> 25:29.640]  them to the clerk of the court. Well, when you go in to see the clerk and there's nothing
[25:29.640 --> 25:38.640]  in that record, evidence of the fact that no examining trial was held. Okay. So, when
[25:38.640 --> 25:42.640]  you go in and check your file, you're going to get a certified copy of everything that's
[25:42.640 --> 25:49.640]  in it. I would recommend that you take your own affidavit, that you sign it and make a
[25:49.640 --> 25:57.640]  list of everything that's in the record. The clerk is not going to sign it, so you sign
[25:57.640 --> 26:06.640]  it and you have the clerk stamp it and file it in the record. Okay. Now that she stamped
[26:06.640 --> 26:11.640]  it and you signed it in front of her, she can administer an oath and so her being there
[26:11.640 --> 26:16.640]  makes it legal. And you signed that affidavit under penalty of perjury that the contents
[26:16.640 --> 26:25.640]  of your folder consisted of these documents and these documents alone? Okay. Now we've
[26:25.640 --> 26:30.640]  got a certified setting of what was in the folder and we didn't need the clerk to do
[26:30.640 --> 26:39.640]  anything except file it in the record. Well, that is a great idea. If everything is in
[26:39.640 --> 26:49.640]  the computer, then what we might want to do is have the clerk print us out a certified
[26:49.640 --> 26:55.640]  copy. She can certify the copy and then we turn right around and file that certified
[26:55.640 --> 27:04.640]  copy back into the record in hard copy. Yes, but the only problem I can see with that is
[27:04.640 --> 27:10.640]  that's also where they're keeping the complaint. They're not keeping it in the folder, which
[27:10.640 --> 27:15.640]  means the DA, based upon a story that I got here the other day from someone that called
[27:15.640 --> 27:20.640]  me, the district attorney is at this time getting the complaints off of the computer
[27:20.640 --> 27:28.640]  system in their office, they have access to everything the clerk's got access to. That's
[27:28.640 --> 27:35.640]  cool. Yeah, that would be cool, except for the fact that where's the original document?
[27:35.640 --> 27:42.640]  Where is it? Why does the clerk not have it? How did there get to be a complaint in the
[27:42.640 --> 27:51.640]  computer that allegedly is scanned in if there's no original? Where is it? That we can address
[27:51.640 --> 27:59.640]  because the magistrate, whoever makes the determination of probable cause, is required
[27:59.640 --> 28:03.640]  to seal all the documents had in the hearing, cause his name to be written across the seal
[28:03.640 --> 28:10.640]  of the envelope, and forward it to the clerk of the court of jurisdiction. Okay, if I get
[28:10.640 --> 28:20.640]  a copy of the court record and the complaint is not in there, that's reasonable probable
[28:20.640 --> 28:24.640]  cause to believe that the magistrate, whoever made the determination of probable cause,
[28:24.640 --> 28:30.640]  which the court has to have before they have subject matter jurisdiction, fail to seal
[28:30.640 --> 28:36.640]  that the record's in an envelope and forward it to the clerk of the court. That's correct.
[28:36.640 --> 28:45.640]  The first thing I do is felony tampering against an unknown magistrate. That's true.
[28:45.640 --> 28:50.640]  Now, once you've gone in and you've checked the contents of your folder, if you do what
[28:50.640 --> 28:55.640]  Randy suggested and you get certified copies and you turn around and file those back in
[28:55.640 --> 29:01.640]  your folder, I highly recommend you write your name across the front. Okay, write it
[29:01.640 --> 29:08.640]  in original ink. Yes, blue. And put it in the folder. Write it in blue ink, always blue.
[29:08.640 --> 29:14.640]  Yeah, cause unless they got a color photocopier, any copy will turn it black automatically.
[29:14.640 --> 29:18.640]  So as long as you signed it in blue, you'll know it's not your original document that's
[29:18.640 --> 29:24.640]  in there if it's any other color. Okay, but you want to put something on that document
[29:24.640 --> 29:28.640]  to show you're the one that put that in that folder. The court clerk didn't do it.
[29:28.640 --> 29:34.640]  The judge didn't do it. Nobody did it but you. It wasn't there until you did it. Okay,
[29:34.640 --> 29:41.640]  don't be helping them out. Be helping yourself out. Now, once you've checked that and you've
[29:41.640 --> 29:45.640]  got those certified copies and you've got the information you need out of there, you
[29:45.640 --> 29:50.640]  can also check and see if the clerk has anything in the computer. Now, another trend that they're
[29:50.640 --> 29:57.640]  getting into, you have one clerk signing the complaint, you have another clerk verifying
[29:57.640 --> 30:04.640]  the complaint. Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney
[30:04.640 --> 30:10.640]  with Juris Dictionary, the affordable, easy to understand, 4 CD course that will show
[30:10.640 --> 30:17.640]  you how in 24 hours, step by step. If you have a lawyer, know what your lawyer should
[30:17.640 --> 30:22.640]  be doing. If you don't have a lawyer, know what you should do for yourself. Thousands
[30:22.640 --> 30:28.640]  have won with our step by step course and now you can too. Juris Dictionary was created
[30:28.640 --> 30:34.640]  by a licensed attorney with 22 years of case winning experience. Even if you're not in
[30:34.640 --> 30:39.640]  a lawsuit, you can learn what everyone should understand about the principles and practices
[30:39.640 --> 30:45.640]  that control our American courts. You'll receive our audio classroom, video seminar,
[30:45.640 --> 30:53.640]  tutorials, forms for civil cases, pro se tactics and much more. Please visit ruleoflawradio.com
[30:53.640 --> 31:10.640]  and click on the banner or call toll free 866-LAW-EZ.
[31:23.640 --> 31:48.640]  All right, folks. Sorry about that. Time kind of snuck up on us. We got cut off right in
[31:48.640 --> 31:54.640]  the middle of what we were saying there. I was supposed to be watching the clock, but
[31:54.640 --> 32:03.640]  I'm going to blame Eddie for it anyway. Okay. Now, what we were getting at is you're going
[32:03.640 --> 32:08.640]  to get the clerk who signs the complaint and you're going to get the other clerk who verifies
[32:08.640 --> 32:14.640]  it for them. Now, there's a couple of problems here. It's true in Texas that anybody can
[32:14.640 --> 32:23.640]  file a complaint. However, they're basing your prosecution on a complaint made by somebody
[32:23.640 --> 32:31.640]  with no firsthand information of what's in that complaint. This is the reason they don't
[32:31.640 --> 32:38.640]  want to have an examining trial. If they have an examining trial, you get to complain that
[32:38.640 --> 32:45.640]  the complaint was signed by somebody that doesn't have a clue. Plus, it means the officer's
[32:45.640 --> 32:50.640]  got to be there for that examining trial as well. They don't want to take him off the
[32:50.640 --> 32:53.640]  street. They don't want to pay him to come to court multiple times if they can avoid
[32:53.640 --> 33:01.640]  it. It's all about saving money and refuting your ability to get justice. They're short
[33:01.640 --> 33:11.640]  cutting the system to maximize their profit at our expense. Okay? So, the very first thing
[33:11.640 --> 33:17.640]  that I would do after I've got this complaint in my hand is ask who is this that signed
[33:17.640 --> 33:22.640]  it? Don't walk out until you say, okay, I see the complaint. Do you know who this is?
[33:22.640 --> 33:27.640]  Well, who is this person that signed this? Oh, well, it's that lady right over there.
[33:27.640 --> 33:34.640]  Okay. Well, who's this that verified it? Oh, that was me. Okay. So, you're both clerks
[33:34.640 --> 33:40.640]  here in the court. Is that correct? Yes, that's correct. Now, if you've got your little digital
[33:40.640 --> 33:44.640]  recorder, you're getting all this while you're getting your documents, okay? Keep that in
[33:44.640 --> 33:48.640]  mind. Always take that digital recorder with you. Take a witness if you've got somebody
[33:48.640 --> 33:56.640]  that's got time to go. All right? Now, you've now got the clerk to admit that both the people
[33:56.640 --> 34:02.640]  signed the complaint have no clue about what was there because to your best of your recollection,
[34:02.640 --> 34:09.640]  neither of these individuals was there at this time. They didn't see you do anything.
[34:09.640 --> 34:18.640]  So, why does the prosecution feel that they can proceed to trial when they don't even
[34:18.640 --> 34:27.640]  have a valid complaint from somebody with firsthand knowledge? That's a key issue right
[34:27.640 --> 34:32.640]  there, okay? For them to take you to trial on a complaint that's signed by somebody that
[34:32.640 --> 34:40.640]  has no knowledge of the accusation that's being made other than hearsay is a complete
[34:40.640 --> 34:52.640]  denial of due process, okay? But that's exactly what they're going to try to do. Now, we are
[34:52.640 --> 34:58.640]  going to be using some guerrilla warfare tactics here, okay? One of the things you're going
[34:58.640 --> 35:05.640]  to want to do is you're going to get your motion for a fair trial. You're going to get
[35:05.640 --> 35:11.640]  your motion to dismiss for lack of jurisdiction. You're going to get all these motions set
[35:11.640 --> 35:18.640]  up, and I would recommend filing them no more than two days prior to trial, absolutely no
[35:18.640 --> 35:23.640]  earlier than two days prior to trial or whatever day you're actually supposed to appear in
[35:23.640 --> 35:29.640]  front of the magistrate. Now, if you go in at that three to five day timeframe, it is
[35:29.640 --> 35:35.640]  possible right then and there to say that you've made your appearance. It is possible
[35:35.640 --> 35:41.640]  if you go in and say, I'm here to see the magistrate, and the clerk says, well, the
[35:41.640 --> 35:46.640]  magistrate is not available, and you sign, and you tell the clerk, well, I want to see
[35:46.640 --> 35:53.640]  what's in my record, and she brings it over, and you sign your affidavit about what's in
[35:53.640 --> 35:59.640]  it, and you put it in there, and then you tell the clerk, I have made my appearance.
[35:59.640 --> 36:06.640]  You have told me the magistrate is not available. I was here to see the magistrate. If this
[36:06.640 --> 36:13.640]  office wishes to have any further dealings with me, you will send me a written notice
[36:13.640 --> 36:24.640]  in the mail. I will not reappear without something in writing from this court, and you make sure
[36:24.640 --> 36:31.640]  the clerk acknowledges that, okay? It took them a year and a half to send me a notice
[36:31.640 --> 36:35.640]  to come back to court, okay?
[36:35.640 --> 36:43.640]  The problem is they're likely in the interim to just swear a warrant.
[36:43.640 --> 36:47.640]  That's okay. You can show that you were there, and then you've got something to go after
[36:47.640 --> 36:48.640]  the judge on.
[36:48.640 --> 36:53.640]  Yeah, but that don't help you keep from getting arrested on the street and your car towed
[36:53.640 --> 37:00.640]  in and incur all sorts of costs and a night in jail, and I'm reluctant to suggest that
[37:00.640 --> 37:05.640]  people do things that will get them thrown in jail.
[37:05.640 --> 37:10.640]  Well, the judge is going to have a hard time justifying a warrant when you made an appearance
[37:10.640 --> 37:17.640]  asked to see the magistrate as required, because does the ticket not say on or before?
[37:17.640 --> 37:18.640]  It does.
[37:18.640 --> 37:19.640]  Okay.
[37:19.640 --> 37:24.640]  It doesn't help when you're looking out through the jail bars. I've been there myself.
[37:24.640 --> 37:28.640]  No, it doesn't help, not at that exact moment, but what it does do is give you a way of
[37:28.640 --> 37:31.640]  going after that judge.
[37:31.640 --> 37:37.640]  Okay, well, let's suggest a different approach for our wives and children.
[37:37.640 --> 37:41.640]  Well, your other option is, is after you've gone in and checked your record on the third
[37:41.640 --> 37:46.640]  or fifth day, is to also go back and check it the day before you're actually supposed
[37:46.640 --> 37:48.640]  to appear in court.
[37:48.640 --> 37:54.640]  Again, take another affidavit, verify any change in documentation that's in the folder
[37:54.640 --> 38:01.640]  or lack thereof. Get that stamped, get that filed, get certified copies of anything that
[38:01.640 --> 38:06.640]  has been added, and again, if it's stuff that was supposed to be there and wasn't,
[38:06.640 --> 38:12.640]  get you a signed certified copy with your name on it and stick it back in the folder.
[38:12.640 --> 38:14.640]  Okay?
[38:14.640 --> 38:18.640]  Then, the very next day, go to court.
[38:18.640 --> 38:19.640]  Okay?
[38:19.640 --> 38:26.640]  And then, ask the judge, what am I doing here?
[38:26.640 --> 38:27.640]  Okay?
[38:27.640 --> 38:30.640]  Why am I here?
[38:30.640 --> 38:34.640]  Well, the judge is going to say, well, because we have a complaint against you for such
[38:34.640 --> 38:35.640]  and such.
[38:35.640 --> 38:40.640]  I'm sorry, Judge, I saw no valid complaint of any kind in that folder.
[38:40.640 --> 38:42.640]  Well, it's right here.
[38:42.640 --> 38:46.640]  No, that's a copy of a complaint that I put into that folder.
[38:46.640 --> 38:51.640]  You were required to hold an examining trial, and there should have already been a copy
[38:51.640 --> 38:57.640]  signed, sealed, and delivered to the clerk by you in that folder.
[38:57.640 --> 39:01.640]  It was not there.
[39:01.640 --> 39:03.640]  So, where has it been?
[39:03.640 --> 39:10.640]  Since you have no jurisdiction without a complaint, why am I here?
[39:10.640 --> 39:15.640]  Why have I been summoned to court when there's not even a complaint against me?
[39:15.640 --> 39:17.640]  Well, the clerk signed the complaint.
[39:17.640 --> 39:20.640]  Well, I'm sorry, then I would like to question the clerk.
[39:20.640 --> 39:25.640]  I would like my examining trial right now.
[39:25.640 --> 39:30.640]  Yes, I have a note in my notes, subpoenaed complaintant.
[39:30.640 --> 39:31.640]  Yeah.
[39:31.640 --> 39:32.640]  Now...
[39:32.640 --> 39:34.640]  That's not the police officer.
[39:34.640 --> 39:35.640]  Exactly.
[39:35.640 --> 39:37.640]  That's the person whose signature is on the complaint.
[39:37.640 --> 39:39.640]  Now, here's the other problem.
[39:39.640 --> 39:46.640]  When you go in to see this judge on that day, what's the judge going to tell you you're there for?
[39:46.640 --> 39:48.640]  Well, we need you to enter a plea.
[39:48.640 --> 39:51.640]  Sorry, Judge, I can't enter a plea.
[39:51.640 --> 39:55.640]  You're five steps ahead of the process here.
[39:55.640 --> 39:58.640]  You're wanting to jump into a plea.
[39:58.640 --> 40:05.640]  Basically, you're wanting to hold an arraignment, and you have yet to hold a probable cause determination.
[40:05.640 --> 40:14.640]  You have yet to receive a valid complaint giving you reason to have a probable cause determination.
[40:14.640 --> 40:18.640]  The complaint you have is based on hearsay.
[40:18.640 --> 40:24.640]  The person that took the oath knew the person making the complaint was basing it on hearsay.
[40:24.640 --> 40:33.640]  I want the complainant in this courtroom right now for my examining trial.
[40:33.640 --> 40:35.640]  The judge is not going to like you.
[40:35.640 --> 40:39.640]  The judge is not going to want to give you your examining trial.
[40:39.640 --> 40:52.640]  However, remind the judge that they have been instructed to do everything that Article 1517A of the Code of Criminal Procedure tells them to do.
[40:52.640 --> 40:58.640]  And one of those things is notify you of your right to an examining trial.
[40:58.640 --> 41:02.640]  Ask you whether or not that you desire assistance of counsel.
[41:02.640 --> 41:06.640]  You know, that stuff that they've managed to deny you all this time.
[41:06.640 --> 41:13.640]  But if they're going to comply with 1517, they now have to do these things.
[41:13.640 --> 41:21.640]  And 1517B makes it very clear they better be doing these things.
[41:21.640 --> 41:26.640]  So stay in their face.
[41:26.640 --> 41:28.640]  Do not let them run roughshod over you.
[41:28.640 --> 41:34.640]  Okay. Let's go back and start the beginning first thing we do.
[41:34.640 --> 41:42.640]  At three to five days, go in, get certified copies of everything in your court record.
[41:42.640 --> 41:49.640]  While you're there, have an affidavit signed by you listing everything that was in the record at the time.
[41:49.640 --> 41:54.640]  Get the clerk to stamp it, file it in the record, and keep your copy.
[41:54.640 --> 42:00.640]  You keep the original, okay, or take in at least two copies.
[42:00.640 --> 42:09.640]  So you go in three to five days after the ticket and get a certified copy and a non-certified copy.
[42:09.640 --> 42:12.640]  Well, it costs the same to get them, so I just get the certified copy.
[42:12.640 --> 42:19.640]  No, the certified copy costs you like a dollar a page or sometimes a charge more than that.
[42:19.640 --> 42:23.640]  Okay. Well, you need the certified copy to go back at them later.
[42:23.640 --> 42:31.640]  Yeah. You need a certified copy in your hand and a non-certified copy to file back in the record
[42:31.640 --> 42:34.640]  unless they charge the same amount for both.
[42:34.640 --> 42:40.640]  Then I suggest you get two copies unless they have a copy machine somewhere around that's cheaper.
[42:40.640 --> 42:46.640]  But you want two copies, one to file back in the court and one to keep.
[42:46.640 --> 42:50.640]  And then an affidavit, and you can have that already written out.
[42:50.640 --> 42:51.640]  Right.
[42:51.640 --> 42:53.640]  We probably should make one and put it on.
[42:53.640 --> 43:01.640]  Let's make a tickets folder on jurisprudence and make up these documents and put them in there.
[43:01.640 --> 43:02.640]  Yeah.
[43:02.640 --> 43:08.640]  Now, on this affidavit, it's just going to have a section at the bottom.
[43:08.640 --> 43:10.640]  It's just going to have some lines on it.
[43:10.640 --> 43:14.640]  The top part of it is going to already say, I hereby certify under penalty of perjury
[43:14.640 --> 43:20.640]  that the following are all of the documents found in my court folder as of this date and this time.
[43:20.640 --> 43:22.640]  And so on and so forth.
[43:22.640 --> 43:24.640]  Then it's going to have blank lines.
[43:24.640 --> 43:30.640]  You will write down the description and or name of any document that's in your folder.
[43:30.640 --> 43:40.640]  When you're done, be very certain that you put a line, a diagonal line, both directions across all remaining lines.
[43:40.640 --> 43:42.640]  And then box them in.
[43:42.640 --> 43:43.640]  Okay.
[43:43.640 --> 43:48.640]  That will show that your list was complete and nothing can be added to it.
[43:48.640 --> 43:52.640]  You might ask the clerk if she has a docket sheet.
[43:52.640 --> 43:57.640]  A docket sheet is a sheet the clerk keeps that lists everything that's filed in the case.
[43:57.640 --> 43:58.640]  No one else.
[43:58.640 --> 43:59.640]  Okay.
[43:59.640 --> 44:04.640]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[44:04.640 --> 44:08.640]  Stop debt collectors now with the Michael Mears proven method.
[44:08.640 --> 44:14.640]  Michael Mears has won six cases in federal court against debt collectors and now you can win two.
[44:14.640 --> 44:20.640]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes.
[44:20.640 --> 44:24.640]  What to do when contacted by phone, mail or court summons.
[44:24.640 --> 44:26.640]  How to answer letters and phone calls.
[44:26.640 --> 44:28.640]  How to get debt collectors out of your credit report.
[44:28.640 --> 44:33.640]  How to turn the financial tables on them and make them pay you to go away.
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[44:38.640 --> 44:40.640]  Personal consultation is available as well.
[44:40.640 --> 44:48.640]  For more information please visit ruleoflawradio.com and click on the blue Michael Mears banner or email michaelmears at yahoo.com.
[44:48.640 --> 45:13.640]  That's ruleoflawradio.com or email michaelmears at yahoo.com to learn how to stop debt collectors now.
[45:13.640 --> 45:23.640]  Whoa, whoa, whoa, whoa, whoa, whoa, yeah.
[45:23.640 --> 45:28.640]  Always I must be careful what I'm wishin' for.
[45:28.640 --> 45:33.640]  When I'm hungry I like to know just what I'm fishin' for.
[45:33.640 --> 45:39.640]  I ain't askin' for much. I ain't tryin' to be no glutton.
[45:39.640 --> 45:45.640]  I'm just here makin' my livin' pushin' buttons
[45:45.640 --> 45:51.640]  I give my message out to anyone in shot and distant
[45:51.640 --> 45:57.640]  Hope for bravery and against slavery showin' resistance
[45:57.640 --> 46:01.640]  Alright folks, my apologies, once again we're not watchin' the timer
[46:01.640 --> 46:05.640]  and we're just talkin' all the way up to the beat
[46:05.640 --> 46:09.640]  and we're goin' down the list of the things that you need to do when you're gettin' ready to go to trial
[46:09.640 --> 46:13.640]  on these traffic cases. Okay, where were you up to Randy?
[46:13.640 --> 46:17.640]  Okay, and just one thing, I checked on the break
[46:17.640 --> 46:21.640]  and we don't seem to have a caller bridge
[46:21.640 --> 46:25.640]  it says that the host hasn't turned it on and it's not allowing me to turn it on
[46:25.640 --> 46:29.640]  So, we may not have a caller bridge tonight
[46:29.640 --> 46:33.640]  Well, I'm sure y'all get tired of
[46:33.640 --> 46:37.640]  listening to us, but please do so anyway
[46:37.640 --> 46:41.640]  Okay, you might try later, it may turn on, I'm not sure what's going on
[46:41.640 --> 46:45.640]  So, at any rate, right now we don't have a call bridge
[46:45.640 --> 46:49.640]  We'll go back to, I'm hoping that in this four hours
[46:49.640 --> 46:53.640]  we can get sorted out what we're supposed to do
[46:53.640 --> 46:57.640]  and how we're supposed to do it to handle
[46:57.640 --> 47:01.640]  a traffic ticket for somebody that doesn't know squat
[47:01.640 --> 47:05.640]  Okay, first thing we do is we want to go in
[47:05.640 --> 47:09.640]  three to five days prior, or after the ticket
[47:09.640 --> 47:13.640]  get two copies of the court record, file one back in
[47:13.640 --> 47:17.640]  get a docket sheet if they've got it and file that back in
[47:17.640 --> 47:21.640]  that lists everything that has been filed
[47:21.640 --> 47:25.640]  Some courts keep them, some courts don't, I think most courts keep them
[47:25.640 --> 47:29.640]  some just lie to you
[47:29.640 --> 47:33.640]  Yeah, the docket sheet should show any activity on the case
[47:33.640 --> 47:35.640]  at hand
[47:35.640 --> 47:39.640]  Okay, and we will get prepared an affidavit
[47:39.640 --> 47:43.640]  and I'll put a tickets folder on the documents and research
[47:43.640 --> 47:47.640]  side of jurisprudence
[47:47.640 --> 47:51.640]  where you can go there and click on that and we'll start lining up
[47:51.640 --> 47:55.640]  the documents that you need to go in and handle
[47:55.640 --> 47:59.640]  a ticket, we won't have all the motions and such there, but these
[47:59.640 --> 48:03.640]  preliminary documents and such we're talking about, we'll try to get those up there
[48:03.640 --> 48:07.640]  Okay
[48:07.640 --> 48:11.640]  Now we get a copy filed
[48:11.640 --> 48:15.640]  and we prepare an affidavit, list everything's in there
[48:15.640 --> 48:19.640]  if they don't have a docket sheet, that would be our docket sheet, if they have a docket sheet
[48:19.640 --> 48:23.640]  we can get a copy, sign it, date it
[48:23.640 --> 48:27.640]  and file that back in, that will take the place of the affidavit
[48:27.640 --> 48:31.640]  if they don't have a docket sheet, it will make up our own and file it back in
[48:31.640 --> 48:35.640]  Okay, and one of the things I suggest
[48:35.640 --> 48:39.640]  is the first time you go in
[48:39.640 --> 48:43.640]  when I did it last time, I just went in
[48:43.640 --> 48:47.640]  and sat down in the court room, at first when I went in I told
[48:47.640 --> 48:51.640]  the clerk in there that I'm here because I got a ticket and I need to talk to the judge
[48:51.640 --> 48:55.640]  and so she took my name and I sat down, they don't know what I'm doing
[48:55.640 --> 48:59.640]  and first told me I had to go to the clerk and I said no, they don't know
[48:59.640 --> 49:03.640]  anything and she tried to argue with me, I need to talk to the judge
[49:03.640 --> 49:07.640]  she said okay, took my name down, and when the judge
[49:07.640 --> 49:11.640]  called me up, I handed him the
[49:11.640 --> 49:15.640]  ticket, I won an examining trial, that got his
[49:15.640 --> 49:19.640]  attention, he told me I had to go to the
[49:19.640 --> 49:23.640]  clerk, I said no, I've already been to the clerk
[49:23.640 --> 49:27.640]  I need to come to you, I agreed when I signed the ticket
[49:27.640 --> 49:31.640]  to appear before magistrate, you're the magistrate, I'm here before you
[49:31.640 --> 49:35.640]  I want an examining trial, I want it right now
[49:35.640 --> 49:39.640]  well we don't do that, well then get me a magistrate in here, there are no magistrates here
[49:39.640 --> 49:43.640]  I didn't want to argue with him too much because I
[49:43.640 --> 49:47.640]  had warrants out for me, for something else that's been
[49:47.640 --> 49:51.640]  shadowing me for a while
[49:51.640 --> 49:55.640]  but ask the judge to hold an examining trial
[49:55.640 --> 49:59.640]  you don't have to argue with him if he says no or gives you
[49:59.640 --> 50:03.640]  some song and dance, that's okay, and
[50:03.640 --> 50:07.640]  I also have on my website in the blanks section
[50:07.640 --> 50:11.640]  under documents and research
[50:11.640 --> 50:15.640]  a contact sheet, I always take one of those with me
[50:15.640 --> 50:19.640]  and I take notes in it, when you start taking notes it always makes them
[50:19.640 --> 50:23.640]  nervous, and like here I had a folder out
[50:23.640 --> 50:27.640]  and every time the judge said something I'd write down and actually made him wait a couple times
[50:27.640 --> 50:31.640]  while I took my notes and that really annoyed him
[50:31.640 --> 50:35.640]  so take something with you to take notes on
[50:35.640 --> 50:39.640]  if not that contact sheet, get something else and ask the judge to
[50:39.640 --> 50:43.640]  hold an examining trial and he's not going to
[50:43.640 --> 50:47.640]  and that's okay, don't argue with him
[50:47.640 --> 50:51.640]  just for the next time you come back
[50:51.640 --> 50:55.640]  you want to have the judge's name and come back with a criminal complaint against the judge for
[50:55.640 --> 50:59.640]  official oppression, we start the routine
[50:59.640 --> 51:03.640]  okay Eddie, what next?
[51:03.640 --> 51:07.640]  Okay, now I think
[51:07.640 --> 51:11.640]  the last point we left off on was getting the documents in the folder with the clerk
[51:11.640 --> 51:15.640]  and like I say
[51:15.640 --> 51:19.640]  you want to go back at least one the day before trial
[51:19.640 --> 51:23.640]  check the folder again, get another affidavit entered
[51:23.640 --> 51:27.640]  make sure of what's in the folder
[51:27.640 --> 51:31.640]  again we're looking to see what they're supposed to have done and what they haven't done
[51:31.640 --> 51:35.640]  now the very next day you're going to
[51:35.640 --> 51:39.640]  come into trial, either on this day before or
[51:39.640 --> 51:43.640]  at the very earliest, the day before that, you want to have
[51:43.640 --> 51:47.640]  filed at a minimum your motion to a fair trial
[51:47.640 --> 51:51.640]  you want to have both of these affidavits in your record from
[51:51.640 --> 51:55.640]  checking to see what was in the record and what wasn't
[51:55.640 --> 51:59.640]  you also want to show that you demanded to
[51:59.640 --> 52:03.640]  see the magistrate on that previous
[52:03.640 --> 52:07.640]  opportunity and was denied that by the clerk because the magistrate was not available
[52:07.640 --> 52:11.640]  and your complaint against the judge, you want to file it in there
[52:11.640 --> 52:15.640]  well that depends
[52:15.640 --> 52:19.640]  in support of your allegation that the court denied
[52:19.640 --> 52:21.640]  you in an examining trial?
[52:21.640 --> 52:23.640]  well that depends on what he does the next day
[52:23.640 --> 52:27.640]  now the next day when you actually go to court
[52:27.640 --> 52:31.640]  he's not going to give you an examining trial, they're going to want you to enter a plea
[52:31.640 --> 52:33.640]  wait a minute, wait a minute
[52:33.640 --> 52:37.640]  when you sign that promise to appear
[52:37.640 --> 52:41.640]  you didn't promise to appear before the clerk or a judge
[52:41.640 --> 52:43.640]  or anything else
[52:43.640 --> 52:47.640]  you promised to appear before a magistrate
[52:47.640 --> 52:48.640]  that's correct
[52:48.640 --> 52:53.640]  first time you walk in the door you're there to appear before a magistrate
[52:53.640 --> 52:57.640]  and under law the magistrate must make a determination of probable cause
[52:57.640 --> 52:59.640]  or they don't have subject matter jurisdiction
[52:59.640 --> 53:05.640]  they don't get to walk past that one, they don't get a second bite at that apple either
[53:05.640 --> 53:07.640]  ok, now
[53:07.640 --> 53:11.640]  so he's correct, make sure you ask to see the magistrate
[53:11.640 --> 53:15.640]  ok, not the judge, the magistrate
[53:15.640 --> 53:17.640]  now when you
[53:17.640 --> 53:21.640]  I'll make up a complaint against the judge for refusing
[53:21.640 --> 53:24.640]  for official oppression for misfeasance in office
[53:24.640 --> 53:27.640]  for refusing to provide an examining trial
[53:27.640 --> 53:31.640]  I've already got one of those, I'll make sure and get it to you so we can put it on the site
[53:31.640 --> 53:32.640]  ok, good
[53:32.640 --> 53:33.640]  alright
[53:33.640 --> 53:38.640]  now, actually we've got them for official oppression and abuse of official capacity
[53:38.640 --> 53:40.640]  denial of due process
[53:40.640 --> 53:44.640]  and constitutional violation of their oath of office
[53:44.640 --> 53:47.640]  oh, I like that one
[53:47.640 --> 53:48.640]  ok, now
[53:48.640 --> 53:52.640]  why didn't you do
[53:52.640 --> 53:54.640]  perjury of oath
[53:54.640 --> 53:57.640]  breach of contract
[53:57.640 --> 53:59.640]  oh, we'll talk about that later
[53:59.640 --> 54:01.640]  yeah, I haven't made that entire list yet
[54:01.640 --> 54:03.640]  I just want to get them on edge right off the bat
[54:03.640 --> 54:04.640]  ok
[54:04.640 --> 54:05.640]  alright, now
[54:05.640 --> 54:07.640]  you go into court the next day
[54:07.640 --> 54:11.640]  the judge is going to ask you to enter a plea in this case
[54:11.640 --> 54:13.640]  judge, I cannot enter a plea
[54:13.640 --> 54:16.640]  now if you need to, write this down and tell them
[54:16.640 --> 54:18.640]  judge, I can't enter a plea
[54:18.640 --> 54:21.640]  and the judge is going to ask, well why can't you enter a plea
[54:21.640 --> 54:26.640]  well, one, I have never been given a copy of the complaint
[54:26.640 --> 54:27.640]  and that's true
[54:27.640 --> 54:30.640]  they've never given you one, you've come in and gotten one
[54:30.640 --> 54:32.640]  but you haven't been given one
[54:32.640 --> 54:38.640]  the law says that they are to give you a copy of that no later than one day prior to trial
[54:38.640 --> 54:40.640]  and there's two reasons for this
[54:40.640 --> 54:41.640]  ok
[54:41.640 --> 54:45.640]  the first one is so that you know what you're being charged with
[54:45.640 --> 54:50.640]  now you don't know the nature of what you're being charged with because the complaint won't tell you
[54:50.640 --> 54:56.640]  and it's going to have some charge on it that may or may not tell you what statute
[54:56.640 --> 55:02.640]  or specifically what accusation they're making in such a way that you can actually find it in the code
[55:02.640 --> 55:06.640]  now here's the thing, if it ain't in the code, it ain't a crime
[55:06.640 --> 55:08.640]  ok
[55:08.640 --> 55:12.640]  if the code does not specifically state what they're charging you with
[55:12.640 --> 55:15.640]  then as the old case law puts it
[55:15.640 --> 55:18.640]  it's a charge of no offense
[55:18.640 --> 55:22.640]  because the offense is not known to the law
[55:22.640 --> 55:23.640]  ok
[55:23.640 --> 55:32.640]  ok, wait a minute, we're stepping ahead of ourselves
[55:32.640 --> 55:40.640]  when do we challenge subject matter jurisdiction authority to even talk to me?
[55:40.640 --> 55:43.640]  well, all of this is a challenge to jurisdiction
[55:43.640 --> 55:46.640]  there's no complaint, there's no jurisdiction
[55:46.640 --> 55:49.640]  ok
[55:49.640 --> 55:54.640]  and then again, you know, we were already asking what have I been summoned here for
[55:54.640 --> 55:57.640]  because there is no complaint
[55:57.640 --> 55:59.640]  I want to know what jurisdiction the court's got
[55:59.640 --> 56:06.640]  how does the court have jurisdiction to summon me in here when there is no complaint?
[56:06.640 --> 56:09.640]  well, here's the complaint right here in the folder
[56:09.640 --> 56:12.640]  no, that complaint was not in the folder
[56:12.640 --> 56:16.640]  that complaint, in order for it to be from the court
[56:16.640 --> 56:23.640]  should have been put there by you when you sealed it up in an envelope and sent it to the clerk
[56:23.640 --> 56:27.640]  as 1517 commands you to do
[56:27.640 --> 56:31.640]  but in order for that to have happened, you had to conduct an examining trial
[56:31.640 --> 56:33.640]  wait, not you
[56:33.640 --> 56:39.640]  whoever happened to be the magistrate you get before
[56:39.640 --> 56:42.640]  and like in the larger jurisdictions
[56:42.640 --> 56:45.640]  Eddie lives out there in the boondocks
[56:45.640 --> 56:48.640]  in these larger jurisdictions they have a number of judges
[56:48.640 --> 56:53.640]  whoever the first judge you step in front of when you first go there
[56:53.640 --> 56:55.640]  well, this is what we're doing
[56:55.640 --> 56:59.640]  unless they've arrested you, this will be the first one you step in front of
[56:59.640 --> 57:02.640]  on your first appearance
[57:02.640 --> 57:06.640]  three to five days, you should ask to appear before magistrate
[57:06.640 --> 57:11.640]  that's what you agreed to do, you didn't agree to go down and do anything else
[57:11.640 --> 57:19.640]  but appear before magistrate and get them to either refuse to provide a magistrate
[57:19.640 --> 57:22.640]  or order you to go see the clerk
[57:22.640 --> 57:26.640]  either one is a specific denial
[57:26.640 --> 57:33.640]  and whoever tells you that commits the criminal act
[57:33.640 --> 57:38.640]  I want to do security first, I want to ask them where the nearest magistrate is
[57:38.640 --> 57:40.640]  and they're going to get real confused
[57:40.640 --> 57:44.640]  and they'll most likely send you to the clerk
[57:44.640 --> 57:48.640]  but I hate to go to the clerk first, I want to avoid the clerk
[57:48.640 --> 57:51.640]  but if the clerk tells me there's no magistrate
[57:51.640 --> 57:55.640]  then we need to complain against the clerk
[57:55.640 --> 57:58.640]  for denying you access to the magistrate
[57:58.640 --> 58:03.640]  right now I'm proceeding on the presumption that we were not allowed to see a magistrate
[58:03.640 --> 58:06.640]  when we came in at the three to five day mark
[58:06.640 --> 58:09.640]  so we've now gone to the point where we're about to go in for the very first time
[58:09.640 --> 58:11.640]  and actually talk to somebody
[58:11.640 --> 58:15.640]  okay, we've got 48 seconds
[58:15.640 --> 58:20.640]  the collar bridge is up, Todd in Ohio, we do see you on the collar bridge
[58:20.640 --> 58:25.640]  so hang on, we're going to go a little bit further on the other side of the break
[58:25.640 --> 58:29.640]  and when we get done with that we will be picking this up
[58:29.640 --> 58:33.640]  getting this completed and then we'll start taking your calls
[58:33.640 --> 58:40.640]  okay now, you have to tell Debra that I actually watched the clock at least once
[58:40.640 --> 58:43.640]  she may not kill me completely
[58:43.640 --> 58:45.640]  or she may
[58:45.640 --> 58:49.640]  she might stab me to death with her tongue
[58:49.640 --> 58:57.640]  okay, if Randy Kelton, Eddie Craig, enough fooling and tomfoolery, we'll be back after the break
[58:57.640 --> 59:03.640]  my name is Randall Kelton and I co-host on Rule of Law Radio
[59:03.640 --> 59:08.640]  we specialize in showing people how to strike back against corrupt public officials
[59:08.640 --> 59:10.640]  with the mortgage crisis worsening
[59:10.640 --> 59:15.640]  we set our sights on finding a remedy for people who have been cheated by their lenders
[59:15.640 --> 59:20.640]  if you have a mortgage or have paid yours off, you have probably been cheated out of thousands
[59:20.640 --> 59:21.640]  but there is a remedy
[59:21.640 --> 59:29.640]  go to remediesinrealestate.com or call me at 512-430-4140
[59:29.640 --> 59:36.640]  and find out how to use the consumer protection laws to recover what the lenders have stolen through fraud and deception
[59:36.640 --> 59:42.640]  we will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime
[59:42.640 --> 59:47.640]  lender fraud is bankrupting this country and it's time to fight back
[59:47.640 --> 59:54.640]  go to remediesinrealestate.com or call 512-430-4140
[59:54.640 --> 59:59.640]  and get the information you need to stop the money changers in their tracks
[59:59.640 --> 01:00:03.640]  this news brief brought to you by the International Newsnet
[01:00:03.640 --> 01:00:08.640]  giving the administration another potential excuse to stall the U.S. pullout from Iraq
[01:00:08.640 --> 01:00:15.640]  officials are now warning that the Asab al Haqq League of the Righteous, an anti-U.S. Shiite militia
[01:00:15.640 --> 01:00:19.640]  intends to attack the Green Zone and other U.S. bases
[01:00:19.640 --> 01:00:26.640]  Barack Obama's advisors will likely recommend Khalid Sheikh Mohammed, the self-proclaimed mastermind of 9-11
[01:00:26.640 --> 01:00:34.640]  be prosecuted in a military tribunal, reversing Attorney General Eric Holder's plan to try him in civilian court
[01:00:34.640 --> 01:00:39.640]  if Obama accepts his advisor's recommendation, the White House may be able to secure from Congress
[01:00:39.640 --> 01:00:47.640]  the funding and legal authority needed to close the Guantanamo prison and replace it with a facility in the U.S.
[01:00:47.640 --> 01:00:53.640]  top of the hour news brought to you by INN World Report
[01:00:53.640 --> 01:01:00.640]  signs emerge that Pentagon subway shooter John Patrick Bedell harbored strong hatred toward the U.S. government
[01:01:00.640 --> 01:01:04.640]  and the armed forces and questioned the official version of 9-11
[01:01:04.640 --> 01:01:12.640]  Bedell was shot and killed Thursday in an exchange of fire at the entrance to the Pentagon station subway in Washington, D.C.
[01:01:12.640 --> 01:01:17.640]  Bedell left several Internet postings under the username J. Patrick Bedell
[01:01:17.640 --> 01:01:24.640]  saying he was determined to see that justice is served in the death of Marine Colonel James Sabo
[01:01:24.640 --> 01:01:28.640]  who was found dead in the backyard of his California home in 1991
[01:01:28.640 --> 01:01:34.640]  The death was ruled a suicide, but Sabo's family maintains he was murdered
[01:01:34.640 --> 01:01:40.640]  because he was about to expose covert military operations in Central America involving drug smuggling
[01:01:40.640 --> 01:01:48.640]  Bedell said the Sabo case was a step toward establishing the truth of events such as the September 11th demolitions
[01:01:48.640 --> 01:01:56.640]  Senate Armed Services Committee Chairman Carl Levin says the Pentagon should consider Blackwater's past
[01:01:56.640 --> 01:02:03.640]  deficiencies in deciding whether to award a $1 billion contract to train Afghan national police
[01:02:03.640 --> 01:02:07.640]  Levin wrote Defense Secretary Robert Gates,
[01:02:07.640 --> 01:02:14.640]  Incidents in Iraq led many to conclude that Blackwater was not a suitable contracting partner for the U.S. government
[01:02:14.640 --> 01:02:17.640]  and contributed to the company's decision to change its name
[01:02:17.640 --> 01:02:23.640]  adding the inadequacies in Blackwater's performance appeared to have contributed to a shooting incident
[01:02:23.640 --> 01:02:25.640]  that had undermined our mission in Afghanistan
[01:02:25.640 --> 01:02:32.640]  Levin also said the firm may have misappropriated government weapons and carried arms without authorization
[01:02:32.640 --> 01:02:38.640]  Blackwater guards have been accused of murdering 17 Iraqi citizens in cold blood in 2007
[01:02:38.640 --> 01:02:45.640]  In January, two U.S. security contractors working for Parafant, a unit of Z, formerly Blackwater,
[01:02:45.640 --> 01:02:56.640]  were arrested on charges they murdered two Afghans in Kabul
[01:03:15.640 --> 01:03:30.640]  This all according to the will of the Almighty
[01:03:30.640 --> 01:03:37.640]  I read his book and he says he cares not for the unsightly
[01:03:37.640 --> 01:03:47.640]  These warmongers come by that time of rite
[01:03:47.640 --> 01:03:50.640]  Alright folks, we are back
[01:03:50.640 --> 01:03:52.640]  We have two callers on the call board
[01:03:52.640 --> 01:03:54.640]  Gail, Todd, please hang on
[01:03:54.640 --> 01:03:57.640]  We will be getting with you here very, very shortly
[01:03:57.640 --> 01:04:02.640]  We are trying to get the rest of this lined out and then we'll start taking your calls
[01:04:02.640 --> 01:04:07.640]  Let me explain what Eddie and I are doing
[01:04:07.640 --> 01:04:10.640]  Frankly, we do this all the time
[01:04:10.640 --> 01:04:15.640]  We study issues and we kick them back and forth
[01:04:15.640 --> 01:04:19.640]  We contradict each other and tell each other we are full of crapola
[01:04:19.640 --> 01:04:22.640]  But this is how we get it sorted out
[01:04:22.640 --> 01:04:30.640]  With the procedure, there are so many different variables and issues
[01:04:30.640 --> 01:04:38.640]  It takes a lot of brainstorming like this for us to get them all sorted out and all in the right place
[01:04:38.640 --> 01:04:44.640]  So frankly, this is how we do it when we are not on the air
[01:04:44.640 --> 01:04:48.640]  And we hope it pays off for everybody
[01:04:48.640 --> 01:04:54.640]  Except I can make more background noise when we are not on the air
[01:04:54.640 --> 01:05:00.640]  Okay, now like we were saying, I'm operating under the presumption at this point that we have yet to get in front of anybody
[01:05:00.640 --> 01:05:02.640]  So that's where I'm at in the process
[01:05:02.640 --> 01:05:07.640]  Yes, we did ask on a three to five day mark to see a magistrate
[01:05:07.640 --> 01:05:10.640]  I'm presuming we got told no
[01:05:10.640 --> 01:05:13.640]  We came in the day before, checked our record again
[01:05:13.640 --> 01:05:18.640]  Now we are making the appearance date that we signed on the ticket
[01:05:18.640 --> 01:05:22.640]  So this is our initial appearance
[01:05:22.640 --> 01:05:26.640]  And like I say, we are addressing the magistrate and telling them I can't enter a plea
[01:05:26.640 --> 01:05:30.640]  One, there is no valid complaint
[01:05:30.640 --> 01:05:32.640]  Two, there has been no examining trial
[01:05:32.640 --> 01:05:37.640]  Therefore, there cannot be a probable cause to substantiate this complaint
[01:05:37.640 --> 01:05:38.640]  Okay
[01:05:38.640 --> 01:05:43.640]  Three, the complaint was signed by a hearsay individual
[01:05:43.640 --> 01:05:48.640]  I want that individual in the court right now and I want my examining trial
[01:05:48.640 --> 01:05:55.640]  This court does not get jurisdiction to have a trial until an examining trial has been had and an arraignment has been had
[01:05:55.640 --> 01:05:57.640]  We are going to cover that
[01:05:57.640 --> 01:05:58.640]  Okay
[01:05:58.640 --> 01:06:01.640]  The judge is not going to want to give it to you
[01:06:01.640 --> 01:06:05.640]  The judge is going to tell you the only reason we are here is for you to enter a plea
[01:06:05.640 --> 01:06:08.640]  Objection, I cannot enter a plea
[01:06:08.640 --> 01:06:13.640]  There has been no probable cause determination
[01:06:13.640 --> 01:06:14.640]  Okay
[01:06:14.640 --> 01:06:16.640]  Repeat that over and over
[01:06:16.640 --> 01:06:19.640]  And I can tell you what the judge is going to do
[01:06:19.640 --> 01:06:30.640]  Mr. So-and-so, if I hear anything else come out of your mouth except guilty, not guilty, or no lo contendere
[01:06:30.640 --> 01:06:34.640]  I am going to hold you in contempt of court
[01:06:34.640 --> 01:06:36.640]  Now that's what they are going to do
[01:06:36.640 --> 01:06:38.640]  Objection
[01:06:38.640 --> 01:06:39.640]  That's right
[01:06:39.640 --> 01:06:42.640]  Objection
[01:06:42.640 --> 01:06:46.640]  This is when it's very good to have a court watcher with you
[01:06:46.640 --> 01:06:47.640]  Okay
[01:06:47.640 --> 01:06:51.640]  But it's also when you want to make sure you've got that recorder on and going
[01:06:51.640 --> 01:06:56.640]  First thing to ask for when you step in the court is a court reporter
[01:06:56.640 --> 01:07:02.640]  If you're in a court that's not a court of record, ask the court to allow you to record the proceedings
[01:07:02.640 --> 01:07:04.640]  Well, here's the thing, Randy
[01:07:04.640 --> 01:07:08.640]  You know what I've noticed about 1517A?
[01:07:08.640 --> 01:07:12.640]  They have to make a record
[01:07:12.640 --> 01:07:14.640]  Okay, we need that in the list
[01:07:14.640 --> 01:07:15.640]  Okay
[01:07:15.640 --> 01:07:21.640]  So for the purposes of an examining trial, there has to be a court reporter
[01:07:21.640 --> 01:07:25.640]  Or at least they have to be recording it on video
[01:07:25.640 --> 01:07:30.640]  The magistrate must certify the record as a matter of fact at an examining trial
[01:07:30.640 --> 01:07:33.640]  That's exactly correct
[01:07:33.640 --> 01:07:44.640]  All right, but it says very specifically that there shall be a recording made of the examining trial
[01:07:44.640 --> 01:07:46.640]  Okay, I'm using up a lot of note-picking
[01:07:46.640 --> 01:07:49.640]  We're back to three to five days
[01:07:49.640 --> 01:07:54.640]  First thing you do is ask for examining trial
[01:07:54.640 --> 01:08:00.640]  Second thing you do is get a certified copy of the record
[01:08:00.640 --> 01:08:03.640]  So three to five days, you ask to see the magistrate
[01:08:03.640 --> 01:08:06.640]  And if you see the magistrate, you ask for the examining trial
[01:08:06.640 --> 01:08:09.640]  Don't tell the clerk
[01:08:09.640 --> 01:08:10.640]  Oh, no
[01:08:10.640 --> 01:08:13.640]  Make the magistrate deny the trial, not the clerk
[01:08:13.640 --> 01:08:18.640]  Well, first thing you do is ask to see a magistrate
[01:08:18.640 --> 01:08:20.640]  Well, get your court record first
[01:08:20.640 --> 01:08:22.640]  Then ask to see the magistrate
[01:08:22.640 --> 01:08:24.640]  Okay, court record first
[01:08:24.640 --> 01:08:25.640]  Yes
[01:08:25.640 --> 01:08:27.640]  Then ask to see magistrate
[01:08:27.640 --> 01:08:29.640]  Correct
[01:08:29.640 --> 01:08:39.640]  If the clerk denies you the magistrate, then you need to make notes of that
[01:08:39.640 --> 01:08:42.640]  Best if you've got a recording of it
[01:08:42.640 --> 01:08:46.640]  And you're going to want to make a complaint against the clerk
[01:08:46.640 --> 01:08:51.640]  Now, what I suggest is you don't give the clerk a clue
[01:08:51.640 --> 01:08:55.640]  Don't say, well, I get to see the magistrate and you're supposed to let me see it
[01:08:55.640 --> 01:08:57.640]  Don't do that
[01:08:57.640 --> 01:09:01.640]  Say, oh, but I really came here to see a magistrate
[01:09:01.640 --> 01:09:03.640]  I want to see the magistrate
[01:09:03.640 --> 01:09:05.640]  And she's going to say, well, I'll turn you in and see the magistrate
[01:09:05.640 --> 01:09:08.640]  That's all you need
[01:09:08.640 --> 01:09:14.640]  When I kick somebody in the behind, I don't want them to see it coming
[01:09:14.640 --> 01:09:24.640]  So the next time I come in, I'll have a complaint against that clerk for obstruction of justice
[01:09:24.640 --> 01:09:28.640]  Yeah, now we're also going to see if we can't convince Randy once he gets his list made up
[01:09:28.640 --> 01:09:33.640]  That we will post this step-by-step list with the information in that traffic folder
[01:09:33.640 --> 01:09:35.640]  Absolutely
[01:09:35.640 --> 01:09:36.640]  Okay
[01:09:36.640 --> 01:09:43.640]  It's good motivation for me because I really, I watched a hearing recently
[01:09:43.640 --> 01:09:47.640]  And it was a travesty
[01:09:47.640 --> 01:09:50.640]  And I was thinking, you know, I don't want to have to go out and get a ticket
[01:09:50.640 --> 01:09:54.640]  I don't have time for this, but if I do get a ticket, I kick his behind
[01:09:54.640 --> 01:09:59.640]  So now it's time to put up or shut up
[01:09:59.640 --> 01:10:04.640]  And I am frankly looking forward to it
[01:10:04.640 --> 01:10:05.640]  Yeah, for sure
[01:10:05.640 --> 01:10:11.640]  I'm not looking forward to going to jail, but been there too and lived through it
[01:10:11.640 --> 01:10:12.640]  Yeah
[01:10:12.640 --> 01:10:19.640]  Now, again, do not let the judge con you into thinking that he can threaten you with contempt for standing on your rights
[01:10:19.640 --> 01:10:28.640]  If a judge arrests you for standing on your rights, that judge has just bought himself more trouble than he is ever going to hope to get out of
[01:10:28.640 --> 01:10:35.640]  Oh, make sure it's not my list. I need to put in the list
[01:10:35.640 --> 01:10:45.640]  On the date that you agreed to appear when you signed the citation
[01:10:45.640 --> 01:10:52.640]  Have a recording or demand that the judge record the hearing
[01:10:52.640 --> 01:10:59.640]  We will make a motion for court reporter
[01:10:59.640 --> 01:11:02.640]  Yeah, you can make that orally or in writing, it doesn't matter
[01:11:02.640 --> 01:11:06.640]  Or better if everything's in writing, it's documented
[01:11:06.640 --> 01:11:07.640]  Yes, always
[01:11:07.640 --> 01:11:09.640]  And I'll put one on the site
[01:11:09.640 --> 01:11:17.640]  Motion or electronic recording, and the judge is likely to say, well, we don't have the facilities to make electronic recording
[01:11:17.640 --> 01:11:22.640]  No problem, judge, just happen to have one
[01:11:22.640 --> 01:11:27.640]  Well, no, it actually states that it has to be video, Randy
[01:11:27.640 --> 01:11:28.640]  Does it not?
[01:11:28.640 --> 01:11:36.640]  1517 clearly states that they shall either broadcast you over the public television or the closed circuit TV
[01:11:36.640 --> 01:11:39.640]  But they have to make a recording of it
[01:11:39.640 --> 01:11:44.640]  No, that's only if the magistrate holds the hearing remotely
[01:11:44.640 --> 01:11:46.640]  Right, I understand that
[01:11:46.640 --> 01:11:58.640]  That's when that video is required to be on video, but I don't recall a requirement that they maintain a copy of the video
[01:11:58.640 --> 01:12:02.640]  Actually, they're supposed to keep it for a set number of days afterwards
[01:12:02.640 --> 01:12:05.640]  Where is that?
[01:12:05.640 --> 01:12:10.640]  Okay, I'm looking at that right now, 1517
[01:12:10.640 --> 01:12:15.640]  Okay, let's see
[01:12:15.640 --> 01:12:23.640]  The arrested person may be taken before the magistrate in person or the image of the arrested person may be presented to the magistrate by means of an electronic broadcast system
[01:12:23.640 --> 01:12:32.640]  The magistrate shall inform in clear language the person arrested either in person or through the electronic broadcast system of the accusation against him and any affidavit filed therewith
[01:12:32.640 --> 01:12:40.640]  Of his right to retain counsel, of his right to remain silent, of his right to have an attorney present during any interview with a peace officer or attorney representing the state
[01:12:40.640 --> 01:12:46.640]  Of his right to terminate the interview at any time, and of his right to have an examining trial
[01:12:46.640 --> 01:12:53.640]  Let's see
[01:12:53.640 --> 01:12:58.640]  And then you go down below that
[01:12:58.640 --> 01:13:03.640]  Reasonable assistance if the person indigent
[01:13:03.640 --> 01:13:05.640]  Okay
[01:13:05.640 --> 01:13:08.640]  This is where he's required to appoint you counsel
[01:13:08.640 --> 01:13:18.640]  The person shall also inform the person arrested that he is not required to make a statement and that any statement made by him may be used against him
[01:13:18.640 --> 01:13:30.640]  The magistrate shall allow the person arrested reasonable time and opportunity to consult counsel and shall, after determining whether the person is currently on bail or for a separate criminal offense, admit the person arrested to bail if allowed by law
[01:13:30.640 --> 01:13:36.640]  A recording of the communication between the arrested person and the magistrate shall be made
[01:13:36.640 --> 01:13:56.640]  The recording shall be preserved until the earlier of the following dates, the date on which the pretrial hearing ends or the 91st day after the date on which the recording is made if the person is charged with a misdemeanor or the 120th day after the date on which the recording is made if the person is charged with a felony
[01:13:56.640 --> 01:14:00.640]  So they have to keep it for at least 90 days
[01:14:00.640 --> 01:14:02.640]  Works for me
[01:14:02.640 --> 01:14:03.640]  Okay
[01:14:03.640 --> 01:14:07.640]  Then we we demand a recording
[01:14:07.640 --> 01:14:09.640]  They're going to say it's not a quarter record
[01:14:09.640 --> 01:14:11.640]  Your problem not my problem
[01:14:11.640 --> 01:14:17.640]  My problem 15.17 Code of Criminal Procedure commands that you keep recording
[01:14:17.640 --> 01:14:18.640]  Okay
[01:14:18.640 --> 01:14:22.640]  We actually need the argument
[01:14:22.640 --> 01:14:31.640]  So that the person who's not familiar with all of the ins and outs we actually need a little brief on that
[01:14:31.640 --> 01:14:36.640]  This gets into the traffic seminar material
[01:14:36.640 --> 01:14:39.640]  We can't give away everything
[01:14:39.640 --> 01:14:40.640]  Okay, we've got
[01:14:40.640 --> 01:14:41.640]  We'll figure this out
[01:14:41.640 --> 01:14:43.640]  Okay
[01:14:43.640 --> 01:14:46.640]  All right, so we're going to take a short break from this
[01:14:46.640 --> 01:14:48.640]  We've been on hour and 15 minutes
[01:14:48.640 --> 01:14:53.640]  So we're going to be going to break here in just another minute or two
[01:14:53.640 --> 01:14:58.640]  So as soon as we get back from that break, we will start taking calls
[01:14:58.640 --> 01:15:02.640]  Randy, let's go ahead and finish out what we're going to do with this before we hit the break
[01:15:02.640 --> 01:15:08.640]  Okay, we actually hadn't got very far because I keep interrupting and backing us up
[01:15:08.640 --> 01:15:12.640]  We go to the magistrate three to five days after get citation
[01:15:12.640 --> 01:15:16.640]  We asked for a certified two copies of the record
[01:15:16.640 --> 01:15:19.640]  One we filed back into the court record
[01:15:19.640 --> 01:15:23.640]  And they're likely to tell you well, we don't have a record yet
[01:15:23.640 --> 01:15:25.640]  We didn't get the paperwork
[01:15:25.640 --> 01:15:35.640]  Well, file it miscellaneous and you want to file a something with the court to show that you were there
[01:15:35.640 --> 01:15:41.640]  Or well, if I guess they don't, they don't but you can always testify that you attempted to
[01:15:41.640 --> 01:15:44.640]  Well, that will be the affidavit on what you got copies of
[01:15:44.640 --> 01:15:53.640]  The affidavit that you signed and had stamped that shows what copies of what paperwork were in your folder will show that you were there
[01:15:53.640 --> 01:15:58.640]  Okay, we can do that. Well, if they don't have a record because I've been there and they say they have it
[01:15:58.640 --> 01:16:02.640]  They don't have any records yet that it hasn't got in the system
[01:16:02.640 --> 01:16:06.640]  And I always tell them your problem, not my problem
[01:16:06.640 --> 01:16:10.640]  I want to see the magistrate and they'll tell you you can't
[01:16:10.640 --> 01:16:18.640]  But if they claim they have no record, then I will adjust a open records request
[01:16:18.640 --> 01:16:24.640]  My open records request, blank open records request, it's on Jurisimprudence.com
[01:16:24.640 --> 01:16:28.640]  I have adjusted them so that they don't reference the Open Records Act
[01:16:28.640 --> 01:16:38.640]  They will open record, they reference any statute, rule of regulation that would make records open to the public
[01:16:38.640 --> 01:16:44.640]  So that they can't say, well, that's an open records request and these are court records that don't apply, you know, with that nonsense
[01:16:44.640 --> 01:16:52.640]  And just give them a copy of that and have them initial it and give you a copy back
[01:16:52.640 --> 01:16:56.640]  We're fixing to go to break, folks, so we'll catch you on the other side
[01:17:00.640 --> 01:17:05.640]  Hello Austin, my name is Harlan Deidre, owner of Brave New Books, a local independent bookstore here in town
[01:17:05.640 --> 01:17:09.640]  Many of you are familiar with the bookstore and have attended some of our events
[01:17:09.640 --> 01:17:15.640]  We've been proud to host speakers like Alex Jones, Ron Paul, Jim Mars, Catherine Albert, Webster Carpley, G. Edward Griffin
[01:17:15.640 --> 01:17:18.640]  And many other heroic figures in the patriot movement
[01:17:18.640 --> 01:17:20.640]  But now Brave New Books needs your help
[01:17:20.640 --> 01:17:25.640]  In order to continue to provide a space for these events and be an outlet for hard to find materials
[01:17:25.640 --> 01:17:29.640]  We're going to need you, Austin, to help spread the word about the bookstore
[01:17:29.640 --> 01:17:33.640]  Please tell your friends and family about the wide variety of materials we offer
[01:17:33.640 --> 01:17:37.640]  We also have DVD duplication capabilities for all you activists
[01:17:37.640 --> 01:17:41.640]  Also, if you haven't visited us yet, please come down and show your support
[01:17:41.640 --> 01:17:46.640]  It is so easy to support the big corporate chain stores that do nothing to further our message
[01:17:46.640 --> 01:17:48.640]  Remember, you vote with your dollars
[01:17:48.640 --> 01:17:50.640]  We're counting on you, Austin
[01:17:50.640 --> 01:17:57.640]  If you need any information, please call 512-480-2503 or visit us at 1904 Guadalupe Street
[01:17:57.640 --> 01:18:07.640]  Thank you, everyone
[01:18:27.640 --> 01:18:30.640]  Okay, we're back, Randy Kelton, Eddie Craig
[01:18:30.640 --> 01:18:34.640]  And we're going to open up the call boards
[01:18:34.640 --> 01:18:37.640]  Give us some feedback
[01:18:37.640 --> 01:18:42.640]  I frankly like this kind of banter back and forth that Eddie and I are doing
[01:18:42.640 --> 01:18:49.640]  This is how I learn and come to understand the law better than any other way
[01:18:49.640 --> 01:18:53.640]  I can read it and I can think about it and I can examine it
[01:18:53.640 --> 01:19:00.640]  But I really don't come to understand it until I open my mouth and say it to somebody else
[01:19:00.640 --> 01:19:03.640]  And somebody else tells me how stupid what I'm saying is
[01:19:03.640 --> 01:19:06.640]  And correct me and we banter back and forth
[01:19:06.640 --> 01:19:09.640]  This is when I come to really understand it
[01:19:09.640 --> 01:19:14.640]  And I was just commenting to Eddie on the break
[01:19:14.640 --> 01:19:18.640]  Wasn't sure whether or not our listeners liked it
[01:19:18.640 --> 01:19:22.640]  For us to spend their time on this kind of banter
[01:19:22.640 --> 01:19:24.640]  Give me some feedback
[01:19:24.640 --> 01:19:31.640]  Tell us how you want us to present this so that it makes the most sense to you
[01:19:31.640 --> 01:19:36.640]  Okay, we're going to open the phone lines and we're going to go to Todd in Ohio
[01:19:36.640 --> 01:19:38.640]  Todd, can you hear me?
[01:19:38.640 --> 01:19:39.640]  Yeah, how are you doing there?
[01:19:39.640 --> 01:19:40.640]  Oh, doing pretty good
[01:19:40.640 --> 01:19:43.640]  You got a comment or a question?
[01:19:43.640 --> 01:19:44.640]  A little bit off topic
[01:19:44.640 --> 01:19:46.640]  If you want me to call later, then I can do that
[01:19:46.640 --> 01:19:50.640]  But if you want to jump to a different topic, then I can do that
[01:19:50.640 --> 01:19:54.640]  No, it's okay because I don't have my Mike Taser hooked up today
[01:19:54.640 --> 01:19:57.640]  Okay
[01:19:57.640 --> 01:19:58.640]  Go ahead
[01:19:58.640 --> 01:20:03.640]  I dealt with a credit card issue before
[01:20:03.640 --> 01:20:08.640]  And I had the case dismissed because they didn't show an application signature
[01:20:08.640 --> 01:20:13.640]  So it was dismissed in the municipal court system I live over by
[01:20:13.640 --> 01:20:18.640]  Interesting, you actually had a municipal court judge take that initiative
[01:20:18.640 --> 01:20:20.640]  That is surprising
[01:20:20.640 --> 01:20:23.640]  I threw it in the motion for a more definite statement
[01:20:23.640 --> 01:20:26.640]  They denied my motion for a more definite statement
[01:20:26.640 --> 01:20:29.640]  But made them provide the application signature
[01:20:29.640 --> 01:20:31.640]  And they were unable to do that within the 45 days
[01:20:31.640 --> 01:20:33.640]  So they moved to dismiss
[01:20:33.640 --> 01:20:39.640]  But the magistrate ended up dismissing the case without prejudice, unfortunately
[01:20:39.640 --> 01:20:42.640]  Yeah, that was the way they should have done it
[01:20:42.640 --> 01:20:44.640]  Yeah, but they
[01:20:44.640 --> 01:20:49.640]  If they had admitted that there was no signature, then he could dismiss with prejudice
[01:20:49.640 --> 01:20:53.640]  But they only failed to produce it
[01:20:53.640 --> 01:20:54.640]  Right
[01:20:54.640 --> 01:21:00.640]  So in this case, they're dismissing without prejudice
[01:21:00.640 --> 01:21:04.640]  But if the credit card company tries to come back again
[01:21:04.640 --> 01:21:08.640]  And this time they actually bring the signature
[01:21:08.640 --> 01:21:13.640]  Then you can counter sue for the cost of the first litigation as being frivolous
[01:21:13.640 --> 01:21:15.640]  Oh, they paid for it
[01:21:15.640 --> 01:21:18.640]  Yeah, but they didn't pay you for your time
[01:21:18.640 --> 01:21:20.640]  Oh, good point
[01:21:20.640 --> 01:21:22.640]  Yeah, you don't care what
[01:21:22.640 --> 01:21:26.640]  Yeah, that's a malicious prosecution suit
[01:21:26.640 --> 01:21:29.640]  If they come back and they actually have it
[01:21:29.640 --> 01:21:31.640]  Yeah, why didn't they produce it the first time?
[01:21:31.640 --> 01:21:34.640]  That was just to beat you up and push you around
[01:21:34.640 --> 01:21:36.640]  I don't think they have it this time either
[01:21:36.640 --> 01:21:39.640]  They're not going to have it, so it's as good as with prejudice
[01:21:39.640 --> 01:21:45.640]  You know, unless it's an incredibly large amount
[01:21:45.640 --> 01:21:47.640]  They're not going to waste their time a second time
[01:21:47.640 --> 01:21:50.640]  Once they get kicked out of court the first time, it's pretty well over
[01:21:50.640 --> 01:21:53.640]  Well, no, if this law firm is doing
[01:21:53.640 --> 01:21:58.640]  What they're doing is they're going to the Court of Common Pleas now and refiling it
[01:21:58.640 --> 01:22:01.640]  You should file a bar grievance then against the attorneys
[01:22:01.640 --> 01:22:04.640]  Because they're not allowed to switch different courts, are they?
[01:22:04.640 --> 01:22:06.640]  Don't they have to stay with the same magistrate?
[01:22:06.640 --> 01:22:11.640]  They're, what do they call it, jurisdiction shopping
[01:22:11.640 --> 01:22:14.640]  File two bar grievances against the attorneys
[01:22:14.640 --> 01:22:18.640]  A bar grievance for the malicious prosecution in the first place
[01:22:18.640 --> 01:22:21.640]  And a bar grievance for jurisdiction shopping
[01:22:21.640 --> 01:22:23.640]  Well, now here's the other thing also
[01:22:23.640 --> 01:22:27.640]  Have you had these attorneys prove up agency for this credit card company?
[01:22:27.640 --> 01:22:28.640]  That was my next step
[01:22:28.640 --> 01:22:30.640]  I kind of wanted to do it one step at a time
[01:22:30.640 --> 01:22:33.640]  I mean, heck, I'd love these guys to file against me 10 or 12 times
[01:22:33.640 --> 01:22:36.640]  Just so I can try every step and, you know, run up their bill
[01:22:36.640 --> 01:22:38.640]  Because they've got to pay every single time
[01:22:38.640 --> 01:22:40.640]  Send me an email
[01:22:40.640 --> 01:22:43.640]  I just did some research this morning
[01:22:43.640 --> 01:22:47.640]  And I'll send you a page back on agency
[01:22:47.640 --> 01:22:49.640]  Got lots of case law
[01:22:49.640 --> 01:22:53.640]  It is axiomatic that
[01:22:53.640 --> 01:22:54.640]  Jurisdiction shopping
[01:22:54.640 --> 01:22:57.640]  That agency cannot be proven out of the mouth of the agent
[01:22:57.640 --> 01:22:59.640]  Out of the declarations of the agent
[01:22:59.640 --> 01:23:02.640]  I got that off your website, the writing up that you did
[01:23:02.640 --> 01:23:05.640]  I looked that up on Jurisdiction Prudence
[01:23:05.640 --> 01:23:06.640]  And I saw the
[01:23:06.640 --> 01:23:09.640]  You might have actually sent it to me the first time that I went to
[01:23:09.640 --> 01:23:12.640]  I just did this research this morning
[01:23:12.640 --> 01:23:16.640]  I've got probably 15 or 20 cases
[01:23:16.640 --> 01:23:19.640]  On the issue of agency
[01:23:19.640 --> 01:23:22.640]  Well, I get to file my first bar grievance
[01:23:22.640 --> 01:23:23.640]  Oh, bar grievances
[01:23:23.640 --> 01:23:26.640]  You're going to have fun with bar grievances
[01:23:26.640 --> 01:23:28.640]  This is likely to stop the attorneys
[01:23:28.640 --> 01:23:30.640]  When you start hitting them with bar grievances
[01:23:30.640 --> 01:23:33.640]  They're going to say, I'm out of here
[01:23:33.640 --> 01:23:36.640]  Yeah, this is a pretty big law firm
[01:23:36.640 --> 01:23:38.640]  And I'm looking forward to doing this
[01:23:38.640 --> 01:23:42.640]  However, I did get a summons in the mail
[01:23:42.640 --> 01:23:44.640]  But here's another question I had
[01:23:44.640 --> 01:23:47.640]  By the way, I got Jurisdiction's package about 30 minutes ago
[01:23:47.640 --> 01:23:50.640]  I just started pouring through it
[01:23:50.640 --> 01:23:53.640]  Another thing is they gave me a letter in the mail
[01:23:53.640 --> 01:23:56.640]  Before they filed the summons
[01:23:56.640 --> 01:24:00.640]  And it said, you have 30 days to validate this debt
[01:24:00.640 --> 01:24:03.640]  Or else, you know, we will continue with our lawsuit
[01:24:03.640 --> 01:24:05.640]  This was like December 24th
[01:24:05.640 --> 01:24:08.640]  They're asking you to validate the debt?
[01:24:08.640 --> 01:24:09.640]  I'm sorry?
[01:24:09.640 --> 01:24:12.640]  They're asking you to validate the debt?
[01:24:12.640 --> 01:24:15.640]  No, they're saying to contest the debt
[01:24:15.640 --> 01:24:17.640]  I have 30 days
[01:24:17.640 --> 01:24:19.640]  That's after they lost the first time
[01:24:19.640 --> 01:24:23.640]  Then they sent me a letter that I got like on February 27th or 28th
[01:24:23.640 --> 01:24:28.640]  And I responded to them probably say March 15th, 16th
[01:24:28.640 --> 01:24:30.640]  And I filled out the form
[01:24:30.640 --> 01:24:33.640]  I think I emailed you my form that I produced for them
[01:24:33.640 --> 01:24:36.640]  To fill out, to validate the debt
[01:24:36.640 --> 01:24:41.640]  And like the very next day, the summons comes to me
[01:24:41.640 --> 01:24:43.640]  And I'm like, hold on a second
[01:24:43.640 --> 01:24:46.640]  Don't they have to honor my request?
[01:24:46.640 --> 01:24:48.640]  What I'm thinking they're doing is
[01:24:48.640 --> 01:24:51.640]  I could file a dismiss for lack of subject matter jurisdiction
[01:24:51.640 --> 01:24:54.640]  Because they're not trying to follow every remedy outside of court
[01:24:54.640 --> 01:24:56.640]  They could before they go in court
[01:24:56.640 --> 01:24:59.640]  Yeah, they failed to exhaust all administrative remedies
[01:24:59.640 --> 01:25:02.640]  Yeah, is that pretty much what that is?
[01:25:02.640 --> 01:25:06.640]  Yeah, and that's exactly what would be the allegation
[01:25:06.640 --> 01:25:11.640]  And that would, you know, for me as a pro se litigant
[01:25:11.640 --> 01:25:14.640]  They could just raise that issue
[01:25:14.640 --> 01:25:18.640]  But for learned counsel, that's a different animal
[01:25:18.640 --> 01:25:21.640]  Learned counsel knew better
[01:25:21.640 --> 01:25:27.640]  And for learned counsel to act without exhausting all administrative remedies
[01:25:27.640 --> 01:25:31.640]  That's a malicious prosecution and it gets a bar grievance
[01:25:31.640 --> 01:25:33.640]  Ooh, a third one, huh?
[01:25:33.640 --> 01:25:34.640]  Oh, yeah
[01:25:34.640 --> 01:25:36.640]  Okay, I got three
[01:25:36.640 --> 01:25:39.640]  Deal out them bar grievances like playing a game of poker
[01:25:39.640 --> 01:25:41.640]  Throw a card to everybody
[01:25:41.640 --> 01:25:45.640]  Yeah, and by the way, what side does the attorney party's hair on?
[01:25:45.640 --> 01:25:47.640]  What's this?
[01:25:47.640 --> 01:25:51.640]  Which side does the attorney party's hair on?
[01:25:51.640 --> 01:25:54.640]  If it's on the left, file one on him for that
[01:25:54.640 --> 01:25:57.640]  I haven't had to go into court
[01:25:57.640 --> 01:26:00.640]  Well, just assume it's on the left to file one anyway
[01:26:00.640 --> 01:26:03.640]  That's what they get for making them secret
[01:26:03.640 --> 01:26:04.640]  Okay
[01:26:04.640 --> 01:26:06.640]  And that's what they get for throwing out every one they get
[01:26:06.640 --> 01:26:09.640]  So we might as well file garbage ones
[01:26:09.640 --> 01:26:12.640]  So frivolous lawsuit, I'm the first person who came after me
[01:26:12.640 --> 01:26:16.640]  And then when they swish up lawyers with the law firm, she gets the other two
[01:26:16.640 --> 01:26:19.640]  Oh, that is, this will cremate them
[01:26:19.640 --> 01:26:24.640]  Man, I love you, Randy, you rock, dude
[01:26:24.640 --> 01:26:27.640]  Well, I'm just a jerk
[01:26:27.640 --> 01:26:33.640]  I actually get called another term pretty often, but I can't mention that one on the air
[01:26:33.640 --> 01:26:36.640]  Does that give you a hand up there with everything, Todd?
[01:26:36.640 --> 01:26:39.640]  It does, thank you very much, this is some really good info
[01:26:39.640 --> 01:26:41.640]  All right, anything else?
[01:26:41.640 --> 01:26:46.640]  Thanks, other than I won my traffic case
[01:26:46.640 --> 01:26:52.640]  Guy didn't show up, I filed a motion to dismiss for wanton prosecution
[01:26:52.640 --> 01:26:55.640]  And 30 seconds later, I was out of there
[01:26:55.640 --> 01:26:57.640]  Good news
[01:26:57.640 --> 01:26:59.640]  So have you ever got a chance to go to court?
[01:26:59.640 --> 01:27:02.640]  I listened to Randy, he said never pass up an opportunity to go to court
[01:27:02.640 --> 01:27:04.640]  Because you have a really good chance of
[01:27:04.640 --> 01:27:07.640]  The first one is scare you to death
[01:27:07.640 --> 01:27:10.640]  The second one will scare you
[01:27:10.640 --> 01:27:12.640]  The third one will annoy you
[01:27:12.640 --> 01:27:16.640]  And by the fourth one, you're ready to rip their lungs out
[01:27:16.640 --> 01:27:21.640]  That's when it starts to be a whole lot more fun
[01:27:21.640 --> 01:27:24.640]  I was nervous that first time
[01:27:24.640 --> 01:27:27.640]  But now it's starting to get a little bit more fun listening to you guys
[01:27:27.640 --> 01:27:29.640]  And get my head in the game
[01:27:29.640 --> 01:27:32.640]  Good news, this is why we're here
[01:27:32.640 --> 01:27:33.640]  Well, I appreciate it
[01:27:33.640 --> 01:27:35.640]  This is one of the things that's encouraging
[01:27:35.640 --> 01:27:40.640]  We're getting more and more callers who are saying the same thing that you're saying
[01:27:40.640 --> 01:27:41.640]  Yep
[01:27:41.640 --> 01:27:44.640]  And that tells me the worm is turning
[01:27:44.640 --> 01:27:47.640]  That would mean you get busy on that remedies in real estate
[01:27:47.640 --> 01:27:48.640]  Then we'll really get it cooking
[01:27:48.640 --> 01:27:52.640]  Oh yeah, that's looking pretty good right now
[01:27:52.640 --> 01:27:58.640]  I did that because I'm looking at how do I hammer the judges
[01:27:58.640 --> 01:28:01.640]  And how do I get other people hammering the judges
[01:28:01.640 --> 01:28:04.640]  Most people when you want them to go in and find a traffic ticket
[01:28:04.640 --> 01:28:07.640]  They don't have the time, they're busy
[01:28:07.640 --> 01:28:10.640]  It costs them more to fight the ticket than to pay it
[01:28:10.640 --> 01:28:14.640]  But when we're talking about a $200,000 home
[01:28:14.640 --> 01:28:16.640]  Now we got their attention
[01:28:16.640 --> 01:28:18.640]  Now we can actually get them to do something
[01:28:18.640 --> 01:28:21.640]  The call boards are stacked
[01:28:21.640 --> 01:28:24.640]  And we're going to have to move ahead
[01:28:24.640 --> 01:28:26.640]  Gail is going to take some time
[01:28:26.640 --> 01:28:30.640]  So we'll go to Gail right after the break
[01:28:30.640 --> 01:28:32.640]  Eddie just sent me a
[01:28:32.640 --> 01:28:36.640]  Wrap him up
[01:28:36.640 --> 01:28:42.640]  I thought it was Deborah sending me that because she's the one who's always doing that to me
[01:28:42.640 --> 01:28:44.640]  Okay, I will shut up
[01:28:44.640 --> 01:28:47.640]  Okay, Todd, do you have anything else for us?
[01:28:47.640 --> 01:28:49.640]  Oh that's it, man, you guys did a really good job
[01:28:49.640 --> 01:28:50.640]  Thank you very much
[01:28:50.640 --> 01:28:51.640]  Good, and good for you
[01:28:51.640 --> 01:28:52.640]  Congrats Todd
[01:28:52.640 --> 01:28:53.640]  Hang in there
[01:28:53.640 --> 01:28:54.640]  Thank you both of you
[01:28:54.640 --> 01:28:58.640]  Okay, we're going to go to Gail from Minnesota
[01:28:58.640 --> 01:29:00.640]  Good evening gentlemen
[01:29:00.640 --> 01:29:02.640]  Good evening lady
[01:29:02.640 --> 01:29:05.640]  I have a feeling you're going to depress us all
[01:29:05.640 --> 01:29:06.640]  Nope
[01:29:06.640 --> 01:29:10.640]  You're not going to tell us how bad the courts in Minnesota are jerking you around
[01:29:10.640 --> 01:29:15.640]  And how the court, how the judges can be paid off by the litigants
[01:29:15.640 --> 01:29:18.640]  And how your husband has stolen everything from you and your children
[01:29:18.640 --> 01:29:22.640]  And you're about to get thrown out in the street because of the chump
[01:29:22.640 --> 01:29:25.640]  And the courts are allowing him to do whatever he wants to
[01:29:25.640 --> 01:29:27.640]  You're not going to tell us about all that and depress us?
[01:29:27.640 --> 01:29:31.640]  You already know all that, now I'm responsible to cheer you up
[01:29:31.640 --> 01:29:33.640]  Oh, okay, then
[01:29:33.640 --> 01:29:37.640]  Okay, glad you're not going to do that because I wouldn't want to be depressed by it
[01:29:37.640 --> 01:29:43.640]  We're about to go to break and we'll get back to you just on the other side
[01:29:43.640 --> 01:29:46.640]  Gail is a real trooper
[01:29:46.640 --> 01:29:50.640]  If you guys think you're bad, you don't want to mess with Gail
[01:29:50.640 --> 01:29:59.640]  Okay, Randy Kelton, Eddie Craig, we'll be back on the other side
[01:29:59.640 --> 01:30:02.640]  Are you the plaintiff or defendant in a lawsuit?
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[01:31:21.640 --> 01:31:44.640]  Alright, this is Eddie Craig, Randy Kelton, David Stevens has the night off
[01:31:44.640 --> 01:31:51.640]  He is getting ready for the Architect and Engineers 9-11 press conference and seminar tomorrow
[01:31:51.640 --> 01:31:53.640]  Tell us all about that, Eddie
[01:31:53.640 --> 01:31:57.640]  Yeah, it's from 1 to 9 o'clock at the DoubleTree Hotel in Austin
[01:31:57.640 --> 01:32:03.640]  That is 6505 I-35, North I-35
[01:32:03.640 --> 01:32:08.640]  So please folks, go out, attend, support these folks
[01:32:08.640 --> 01:32:10.640]  They have worked really hard to get this together
[01:32:10.640 --> 01:32:13.640]  They've gone through a lot of time and expense to get it presented
[01:32:13.640 --> 01:32:18.640]  Please, please, if you're in the Austin area, make an appearance
[01:32:18.640 --> 01:32:23.640]  Let them know that we care about what happened on 9-11
[01:32:23.640 --> 01:32:27.640]  We care what the truth is
[01:32:27.640 --> 01:32:32.640]  And by the same token, once it's reported that there was a large number of people there
[01:32:32.640 --> 01:32:38.640]  Hopefully the local yokel politicians will get the idea that we care
[01:32:38.640 --> 01:32:41.640]  And we want something done
[01:32:41.640 --> 01:32:44.640]  Alright, let's pick back up with Gail
[01:32:44.640 --> 01:32:48.640]  Okay, Randy, you got the order
[01:32:48.640 --> 01:32:50.640]  What's on your mind tonight?
[01:32:50.640 --> 01:32:53.640]  Did you get the order I faxed over to you this morning?
[01:32:53.640 --> 01:32:55.640]  Yes, I did
[01:32:55.640 --> 01:32:56.640]  Did you get a chance to look at it?
[01:32:56.640 --> 01:32:59.640]  No, I hadn't had time to go through it yet
[01:32:59.640 --> 01:33:05.640]  Okay, in it, that's where the judge denies contempt of court
[01:33:05.640 --> 01:33:09.640]  This is my fourth filing before he would receive it as a filing
[01:33:09.640 --> 01:33:12.640]  And he refused to find my husband in contempt of court
[01:33:12.640 --> 01:33:15.640]  But he lays out that my husband didn't pay
[01:33:15.640 --> 01:33:18.640]  And my husband had the ability to pay
[01:33:18.640 --> 01:33:30.640]  And didn't even miss a paycheck until after he had willingly not paid four checks for spousal maintenance and child support
[01:33:30.640 --> 01:33:34.640]  Goes through the whole thing and yet denies to find him in contempt for that
[01:33:34.640 --> 01:33:41.640]  And denies to find him in contempt for spousal maintenance, saying that it would not
[01:33:41.640 --> 01:33:46.640]  What did he say?
[01:33:46.640 --> 01:33:48.640]  Oh, that's down in the order part
[01:33:48.640 --> 01:33:58.640]  He said that he wouldn't find him in contempt for that because the court
[01:33:58.640 --> 01:34:00.640]  Shoot, he said that it put
[01:34:00.640 --> 01:34:02.640]  Oh, here it is
[01:34:02.640 --> 01:34:09.640]  Other support provisions he is not contempt of as remedial incarceration would not further justice at this time
[01:34:09.640 --> 01:34:13.640]  Given that the child support obligation is current now, is now current
[01:34:13.640 --> 01:34:28.640]  What bearing does the child support being current have on any of the rest of the obligations that he is in violation of?
[01:34:28.640 --> 01:34:30.640]  That's a little too complex
[01:34:30.640 --> 01:34:34.640]  I didn't know the child support was current
[01:34:34.640 --> 01:34:40.640]  Well, it wasn't until they gave the day of the hearing
[01:34:40.640 --> 01:34:44.640]  I was looking through part of the motions they had dropped
[01:34:44.640 --> 01:34:52.640]  They had dropped, filed, served me three stacks, three different times within six days, I think, before the hearing
[01:34:52.640 --> 01:34:56.640]  And in the last one when I flipped through it before I went to the hearing that morning
[01:34:56.640 --> 01:35:01.640]  It showed a photocopy of a check for child support and I was thinking, I never got a check for child support
[01:35:01.640 --> 01:35:02.640]  What are they talking about?
[01:35:02.640 --> 01:35:07.640]  Well, I looked over on the counter and just the night before I got some mail
[01:35:07.640 --> 01:35:12.640]  And there on the counter was an envelope from his attorney's office
[01:35:12.640 --> 01:35:17.640]  So I took it unopened to the court with me that day because I had just got it
[01:35:17.640 --> 01:35:19.640]  And sure enough, that was the check
[01:35:19.640 --> 01:35:28.640]  So at the last second they had written a check for the child support, not the salsa maintenance, not anything else
[01:35:28.640 --> 01:35:36.640]  Not the $10,000 that they were court ordered to pay last July, not the $15,000, $16,000 he's behind in the tuition for the kids
[01:35:36.640 --> 01:35:42.640]  And all he did was this, you know, minimal check for the child support
[01:35:42.640 --> 01:35:49.640]  Well, it seems clear that he's bought and paid for the judge
[01:35:49.640 --> 01:35:57.640]  Minnesota by far has to be the most corrupt state in the country bar none
[01:35:57.640 --> 01:36:03.640]  And it appears as though the way the laws are written that you have no recourse
[01:36:03.640 --> 01:36:07.640]  The judges can pretty much do anything they want to
[01:36:07.640 --> 01:36:13.640]  And whoever has the most political clout or the most money buys the court
[01:36:13.640 --> 01:36:19.640]  I spoke with an attorney today from the Minnesota League of Battered Women
[01:36:19.640 --> 01:36:21.640]  She's their head attorney
[01:36:21.640 --> 01:36:25.640]  And she told me, first of all, she told me to sign the fraudulent IRS check
[01:36:25.640 --> 01:36:28.640]  And I'm thinking, why is she telling me that?
[01:36:28.640 --> 01:36:30.640]  I thought she was one of the good guys
[01:36:30.640 --> 01:36:35.640]  And so I just, you know, I had already told her, but it's fraudulent, I'm not going to do that
[01:36:35.640 --> 01:36:37.640]  And then she just kept pushing me to sign it
[01:36:37.640 --> 01:36:43.640]  And I thought, am I to understand that even the people, even the attorneys
[01:36:43.640 --> 01:36:48.640]  That are supposedly for people that are genuinely domestic abuse and are battered
[01:36:48.640 --> 01:36:54.640]  They're getting sold on the pike, too?
[01:36:54.640 --> 01:37:00.640]  It looks like everybody in Minnesota is getting sold on the pike
[01:37:00.640 --> 01:37:09.640]  She told me, you know, just, she said, she's worked with this judge a little
[01:37:09.640 --> 01:37:17.640]  And she said, you know, you just need to understand that you're just going to get more of what you've already got
[01:37:17.640 --> 01:37:21.640]  If you keep going before the judge with any kind of motion or petition
[01:37:21.640 --> 01:37:24.640]  She said, I'll just give you a word of advice
[01:37:24.640 --> 01:37:29.640]  She said, I would just come up with a settlement and offer it to the attorney
[01:37:29.640 --> 01:37:34.640]  And I'm thinking to myself, what kind of an idiot does she think I am?
[01:37:34.640 --> 01:37:37.640]  She's telling you the judge is going to screw you
[01:37:37.640 --> 01:37:41.640]  Yeah, well, he is, but so is the attorney
[01:37:41.640 --> 01:37:46.640]  So I already filed three bar grievances on
[01:37:46.640 --> 01:37:51.640]  File more, you've got nothing to lose, file against the judge, you've got nothing to lose at this point
[01:37:51.640 --> 01:37:55.640]  The last attorney I filed 17 bar grievances on
[01:37:55.640 --> 01:37:58.640]  That's all? Why were you holding back?
[01:37:58.640 --> 01:38:02.640]  I know, well, my last firm I filed eight bar grievances on
[01:38:02.640 --> 01:38:08.640]  I filed the top four people twice in three weeks
[01:38:08.640 --> 01:38:12.640]  They withdrew
[01:38:12.640 --> 01:38:16.640]  Okay, all right, well, I just, I wanted to ask about the child support
[01:38:16.640 --> 01:38:18.640]  How can he even use that?
[01:38:18.640 --> 01:38:22.640]  I mean, I was going through doing the motion for redress agreements like you suggested
[01:38:22.640 --> 01:38:26.640]  And I've been at the computer trying to do that, but I had to go to the house
[01:38:26.640 --> 01:38:31.640]  Because I realized if the judge has already given him my house
[01:38:31.640 --> 01:38:37.640]  And already said that he doesn't have to ask me or get my consent to sell it
[01:38:37.640 --> 01:38:41.640]  He could be over there kicking the door down and taking everything of mine
[01:38:41.640 --> 01:38:45.640]  And the kids that are still there
[01:38:45.640 --> 01:38:48.640]  Do I have any recourse on that either?
[01:38:48.640 --> 01:38:51.640]  Not that I know of
[01:38:51.640 --> 01:38:55.640]  Not if the judge is selling everything out to him
[01:38:55.640 --> 01:39:02.640]  You know, I'm about at the point where I wish we had good vigilante justice
[01:39:02.640 --> 01:39:05.640]  The problem with that is, is they've got more guns
[01:39:05.640 --> 01:39:10.640]  And we try anything like that, it gives them an excuse to bring down the jackbooted thugs
[01:39:10.640 --> 01:39:13.640]  Yeah, yeah
[01:39:13.640 --> 01:39:17.640]  Yeah, but the only thing about it is they would only have more guns for a little while
[01:39:17.640 --> 01:39:19.640]  Yeah
[01:39:19.640 --> 01:39:22.640]  Yeah, but who wants to get shot first?
[01:39:22.640 --> 01:39:26.640]  Who wants to step up first?
[01:39:26.640 --> 01:39:28.640]  Nobody, nobody
[01:39:28.640 --> 01:39:30.640]  Okay, how many motions can I file?
[01:39:30.640 --> 01:39:33.640]  Do you just file the redress of grievance by itself first?
[01:39:33.640 --> 01:39:38.640]  It's not a redress of grievance, you're filing a motion for reconsideration
[01:39:38.640 --> 01:39:41.640]  Oh, okay, motion for reconsideration
[01:39:41.640 --> 01:39:44.640]  Maybe I just misspoke myself
[01:39:44.640 --> 01:39:50.640]  Yeah, and give him the reasons why he should reconsider
[01:39:50.640 --> 01:39:53.640]  That perfects your appeal
[01:39:53.640 --> 01:39:55.640]  Okay, I put the wrong thing down
[01:39:55.640 --> 01:39:57.640]  Okay, motion for reconsideration
[01:39:57.640 --> 01:40:00.640]  I put down all the reasons why he should?
[01:40:00.640 --> 01:40:02.640]  Yes
[01:40:02.640 --> 01:40:05.640]  What I feel is wrong, all the reasons why he should?
[01:40:05.640 --> 01:40:10.640]  And then, is there anything I file with this or no?
[01:40:10.640 --> 01:40:12.640]  No, well, not that I know of
[01:40:12.640 --> 01:40:14.640]  I don't know what's in it, depending on what
[01:40:14.640 --> 01:40:20.640]  If something you say requires an attachment, then include the attachment
[01:40:20.640 --> 01:40:26.640]  But all you need to do is an argument in support of your motion for reconsideration
[01:40:26.640 --> 01:40:29.640]  Okay, so very short one-page motion for reconsideration
[01:40:29.640 --> 01:40:33.640]  and then like two or three other pages of argument in support or affidavit in support
[01:40:33.640 --> 01:40:39.640]  Exactly, and list the issues you ask him to reconsider
[01:40:39.640 --> 01:40:45.640]  I'm probably going to deny it, but at least you've covered your basis toward appeal
[01:40:45.640 --> 01:40:50.640]  Okay, and the only other thing is what I meant about filing with it was
[01:40:50.640 --> 01:40:57.640]  would I at the same time file a request for emergency stay of proceedings pending motion for reconsideration?
[01:40:57.640 --> 01:40:59.640]  Yes
[01:40:59.640 --> 01:41:01.640]  Can I head it like that?
[01:41:01.640 --> 01:41:03.640]  Yes
[01:41:03.640 --> 01:41:04.640]  Okay
[01:41:04.640 --> 01:41:12.640]  If you want to keep him from swallowing everything in the interim, then your motion becomes moot
[01:41:12.640 --> 01:41:16.640]  Okay, all right, I'm not going to type the phone lines
[01:41:16.640 --> 01:41:18.640]  I adore you guys, you're just awesome
[01:41:18.640 --> 01:41:24.640]  I'll tell you, you're the only thing that puts a spark in my day besides the Lord
[01:41:24.640 --> 01:41:29.640]  So, hugs to you, can't wait to see you in person and keep up the great work
[01:41:29.640 --> 01:41:31.640]  Thanks Gail, hang in there
[01:41:31.640 --> 01:41:34.640]  I love you guys, talk to you later, bye bye
[01:41:34.640 --> 01:41:38.640]  Okay, now we're going to go to unscreened caller
[01:41:38.640 --> 01:41:44.640]  Our caller bridge is, we don't have anybody who can screen the calls right now
[01:41:44.640 --> 01:41:52.640]  Steve's trying to get through the X light, but without Debra here, we're having some technical difficulties
[01:41:52.640 --> 01:41:58.640]  So, caller, you're from 406 Area Code?
[01:41:58.640 --> 01:41:59.640]  Hello
[01:41:59.640 --> 01:42:01.640]  What's your first name and state?
[01:42:01.640 --> 01:42:03.640]  Stephen, Montana
[01:42:03.640 --> 01:42:06.640]  Montana, good, is this your first time calling in?
[01:42:06.640 --> 01:42:07.640]  No
[01:42:07.640 --> 01:42:12.640]  No, he is on my chat regular
[01:42:12.640 --> 01:42:13.640]  What's up, Stephen?
[01:42:13.640 --> 01:42:16.640]  Okay, you must be on a phone that our bridge doesn't recognize
[01:42:16.640 --> 01:42:19.640]  Okay, you got a question or a comment?
[01:42:19.640 --> 01:42:28.640]  Well, first thing, I was talking to Eddie last week about the, I don't know if you remember, about the signed affidavit from a police officer
[01:42:28.640 --> 01:42:29.640]  Yes
[01:42:29.640 --> 01:42:33.640]  We were going over that, well what I found was, I did some more research on it
[01:42:33.640 --> 01:42:38.640]  I found meeting minutes of the legislation
[01:42:38.640 --> 01:42:43.640]  And this is what the guy said, sponsor of the bill
[01:42:43.640 --> 01:42:53.640]  He said, as the law exists presently, the Highway Patrol or any police officer that makes an arrest issues a citation in order to appear or a complaint
[01:42:53.640 --> 01:42:58.640]  The law now requires that the officer issues a complaint that he signs and gives a copy to the offender
[01:42:58.640 --> 01:43:04.640]  Then the officer has to find a notary public or go to the court and sign another document saying he signed that under oath
[01:43:04.640 --> 01:43:14.640]  He said this bill, referring to the bill that he's sponsoring, this bill would allow the officer to sign the ticket and that's all they have to sign
[01:43:14.640 --> 01:43:20.640]  So apparently, and then I was looking, it passed 99 yeas and zero nays
[01:43:20.640 --> 01:43:26.640]  Okay, so we were correct then and the officer does not have to sign the complaint under oath?
[01:43:26.640 --> 01:43:27.640]  Correct
[01:43:27.640 --> 01:43:28.640]  Okay
[01:43:28.640 --> 01:43:35.640]  Which makes sense because this was passed in 2001 and then, they're calling
[01:43:35.640 --> 01:43:37.640]  Okay, okay, hold on, we're about to go to break
[01:43:37.640 --> 01:43:38.640]  Okay
[01:43:38.640 --> 01:43:40.640]  Yeah, hang on Stephen
[01:43:40.640 --> 01:43:51.640]  Okay, this is Randy Kelton, Eddie Craig, Move La Radio, Deborah has the night off, she's busy setting up for tomorrow, we'll be right back on the other side
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[01:45:17.640 --> 01:45:24.640]  Yeah baby Jerry, send me out of here
[01:45:24.640 --> 01:45:30.640]  I've got you coming as lucky as I can, sing Jerry, come back
[01:45:30.640 --> 01:45:34.640]  As we so, so shall we
[01:45:34.640 --> 01:45:36.640]  Hi folks, we'll be right back
[01:45:36.640 --> 01:45:44.640]  And I'd like to take the time once more to remind everybody, architects and engineers for 9-11 Truth
[01:45:44.640 --> 01:45:53.640]  Press conference and seminar tomorrow from 1 to 9 at the Double Tree Hotel in downtown Austin, that is 6505 North I-35
[01:45:53.640 --> 01:45:57.640]  Starts at 1 o'clock and will go until 9 p.m.
[01:45:57.640 --> 01:46:03.640]  Alex Jones will start speaking at 1.15 and Ron Avery will pick up at 1.45
[01:46:03.640 --> 01:46:05.640]  Please go out and support these folks
[01:46:05.640 --> 01:46:12.640]  It's free, doesn't cost anything but donations are accepted and welcome, please go support them
[01:46:12.640 --> 01:46:15.640]  All right Randy
[01:46:15.640 --> 01:46:17.640]  Okay we were talking, yeah it was Steve
[01:46:17.640 --> 01:46:19.640]  Yeah
[01:46:19.640 --> 01:46:28.640]  Okay, well what I was saying was that bill made sense because it was signed in January 2001
[01:46:28.640 --> 01:46:33.640]  And at that time I remember all the police officers going crazy pulling people over
[01:46:33.640 --> 01:46:40.640]  Everybody thought it had to do with 9-11 but I think now that it had to do with this bill being signed
[01:46:40.640 --> 01:46:48.640]  But other than that, couldn't you challenge that as unconstitutional with the search and seizure squad, against the search and seizure squad?
[01:46:48.640 --> 01:46:58.640]  Well, not if they've determined what it requires for them to have already taken enough
[01:46:58.640 --> 01:47:01.640]  Did we lose Eddie?
[01:47:01.640 --> 01:47:07.640]  Okay, Eddie you're breaking up
[01:47:07.640 --> 01:47:10.640]  Okay, I don't know if I can be heard
[01:47:10.640 --> 01:47:11.640]  Yeah, I can hear you
[01:47:11.640 --> 01:47:15.640]  Are you there? Okay good
[01:47:15.640 --> 01:47:23.640]  I don't see where there's a constitutional conflict here because the officer is authorized to make the arrest
[01:47:23.640 --> 01:47:31.640]  And as a rule he's authorized to arrest you and take you to jail
[01:47:31.640 --> 01:47:34.640]  Remember this is Montana now, Randy
[01:47:34.640 --> 01:47:45.640]  Well this is pretty well, in all states police officers are authorized to arrest people for criminal violations
[01:47:45.640 --> 01:47:52.640]  And what this bill does is allow the officer to release you on your own recognizance
[01:47:52.640 --> 01:48:02.640]  So rather that's legal or not, it doesn't go to a constitutional issue because it doesn't restrict your right, it grants you an extra one
[01:48:02.640 --> 01:48:10.640]  Well what this does is the complaint itself, the complaint doesn't have to be signed under oath, all it has to do is be signed by the cop's signature
[01:48:10.640 --> 01:48:17.640]  Well actually it doesn't have to be signed under oath by the officer, anyone else that signs it has to take an oath
[01:48:17.640 --> 01:48:28.640]  But what they're saying in this statute, Randy, is that the officer's original oath of office was all the swearing he needed to do to make the complaint
[01:48:28.640 --> 01:48:43.640]  Okay, but they're presuming that under this circumstance he is signing under oath, he just doesn't have to go and swear to the oath before a notary
[01:48:43.640 --> 01:48:44.640]  Before anybody
[01:48:44.640 --> 01:48:58.640]  And while there may be some questions to raise about that, the constitutional question is not one of them because it doesn't go to any of your rights, it grants you more rights rather than takes one away
[01:48:58.640 --> 01:49:16.640]  I see, okay and then what you guys were talking about earlier, the duty to take before an arrest without a warrant before the nearest judge
[01:49:16.640 --> 01:49:17.640]  Magistrate
[01:49:17.640 --> 01:49:34.640]  For the initial, well here it's initial appearance, the duty of the court after they get taken before the magistrate, it says the duty of the court shall, you know, the charges and the right to counsel and that
[01:49:34.640 --> 01:49:48.640]  But then on this subsection it says, of the defendant's right to the judicial determination of whether probable cause exists, only if the charge is alleging the commission of a felony
[01:49:48.640 --> 01:49:59.640]  So what they're saying, I'm wondering if what they're saying is that if you're restricted at your liberty, taken to jail or whatever, that they don't have to prove probable cause unless it's a felony offense?
[01:49:59.640 --> 01:50:03.640]  If that's what the Montana statute says, that's what it sounds like
[01:50:03.640 --> 01:50:06.640]  Yeah
[01:50:06.640 --> 01:50:09.640]  Now that may have a constitutional question
[01:50:09.640 --> 01:50:14.640]  Yeah, because that's not equal protection of the laws
[01:50:14.640 --> 01:50:24.640]  That's going to be one of my arguments here in Texas about them denying you the ability to have your examining trial, that's not equal protection of the law
[01:50:24.640 --> 01:50:36.640]  They've created a separate criminal classification that's denied all the rights of due process in relation to other criminal cases
[01:50:36.640 --> 01:50:52.640]  Right, but then here, because what I did is I raised that up in a motion to dismiss, the prosecutor came back and said, well he basically didn't say anything, he talked about preliminary examination, which I was talking about the initial appearance
[01:50:52.640 --> 01:51:08.640]  Because a preliminary examination in Montana is only for a felony offense, other than that, but at the initial appearance though, you've got all these determinations of your bail, which is what I'm raising, instead of probable cause hearing, I'm raising the bail issue
[01:51:08.640 --> 01:51:13.640]  Because the cop set bail, I mean, well he took me to jail, set bail on his own, and then
[01:51:13.640 --> 01:51:15.640]  Those statutes allow him to do it
[01:51:15.640 --> 01:51:30.640]  Well, the statutes, well what it says, a notice to appear, it said, upon an arrest, the officer may instead issue a notice to appear, and it doesn't say that he can arrest you and then give you a notice to appear, he can do one or the other
[01:51:30.640 --> 01:51:35.640]  So if he arrests you, he has to take you before initial appearance
[01:51:35.640 --> 01:51:51.640]  And then he raised the issue of that officer can't set bail according to his bail schedule hearing that's posted by the judge, but I kind of found where that was wrong because it's because of the word instead, he can only do one or the other
[01:51:51.640 --> 01:52:10.640]  And then on the bail hearing, at your initial appearance, at the defendant's initial appearance, there's all these determinations that the judge has to weigh, you know, your community ties and this and that and your history, but none of that's even done
[01:52:10.640 --> 01:52:22.640]  And then on the release order, this is like where you're saying, in Texas where everything has to be signed and sealed by the judge and issued to the proper court, on the initial appearance, the release order just says
[01:52:22.640 --> 01:52:38.640]  If the release is ordered or bail is accepted by a court other than the court in which the charge is pending, any bonds, instruments, or ownership or money posted in a written statement of other conditions of release must be delivered without delay to the court in which the charge is pending
[01:52:38.640 --> 01:52:55.640]  So I'm kind of using that, I guess, instead of the probable cause hearing, just using it as a bail hearing that none of the bail was set. Think that would be a good route?
[01:52:55.640 --> 01:52:58.640]  Does that make sense?
[01:52:58.640 --> 01:53:11.640]  I'm not sure. I was trying to sort out. You're saying repeat that about when on bail when you have to bring everything to the court?
[01:53:11.640 --> 01:53:18.640]  This is the release order after you have had your bail determination by a judge at your initial appearance?
[01:53:18.640 --> 01:53:19.640]  Yes
[01:53:19.640 --> 01:53:38.640]  Okay, it says if release is ordered or bail is accepted by a court other than the court in which the charge is pending, any bonds, instruments of ownership or money posted in a written statement of other conditions or release must be delivered without delay to the court in which the charge is pending
[01:53:38.640 --> 01:53:46.640]  Okay, that's if you're released on bond as opposed to bail. Do you have a definition of bail in Montana?
[01:53:46.640 --> 01:53:49.640]  No
[01:53:49.640 --> 01:54:10.640]  Because in Texas bail doesn't involve any money. It's a written agreement entered into between the accused and the state wherein you affirm to the state that you have a net worth free of all encumbrances equal to double the amount of the potential fine in the case
[01:54:10.640 --> 01:54:19.640]  and you pledge that amount as surety for your appearance involves no money. That's what bail is.
[01:54:19.640 --> 01:54:32.640]  Now if you happen to be indigent, don't own any property, then you can't avail yourself of your right to bail and they will grant you bond in its place.
[01:54:32.640 --> 01:54:40.640]  But bond is always secondary to bail. Bail is the right, at least in Texas and in the Fed.
[01:54:40.640 --> 01:54:42.640]  Well you haven't lost your right to bail.
[01:54:42.640 --> 01:54:46.640]  So since the only release for me was cash bail or whatever then?
[01:54:46.640 --> 01:54:54.640]  That's cash bond. Cash is bond, written agreement is bail unless it's different in Montana.
[01:54:54.640 --> 01:55:05.640]  Well right here it says forms of bail, section one is bail may be furnished by the following ways, deposits, real estate, blah blah and then it says under section two, then it goes to bond.
[01:55:05.640 --> 01:55:09.640]  The amount of the bond must ensure the appearance of the defendant at all times.
[01:55:09.640 --> 01:55:15.640]  Okay then we probably need to sort that out but we really need to move ahead. We've got a large stack of callers.
[01:55:15.640 --> 01:55:17.640]  Alright.
[01:55:17.640 --> 01:55:20.640]  We're kind of getting into the fine details here.
[01:55:20.640 --> 01:55:22.640]  Okay.
[01:55:22.640 --> 01:55:24.640]  Okay thank you very much Steve.
[01:55:24.640 --> 01:55:25.640]  Alright bye bye.
[01:55:25.640 --> 01:55:30.640]  Okay we're going to go to Danny from Texas.
[01:55:30.640 --> 01:55:32.640]  Danny what's on your mind tonight?
[01:55:32.640 --> 01:55:39.640]  Oh well I just thought I'd call in and talk with y'all a little bit, heard a few things that were of interest there.
[01:55:39.640 --> 01:55:47.640]  I know earlier you were talking about the steps to go through and one is for how to examine a hearing.
[01:55:47.640 --> 01:55:58.640]  Well I saw somebody's ticket a while back, I mean not ticket but the magistrate's document that he filled out in a series of check boxes,
[01:55:58.640 --> 01:56:11.640]  you know checking things off as he went, as he had done those things but it left unchecked about the right for examining trial.
[01:56:11.640 --> 01:56:21.640]  And so it seems like you turn around and use that as evidence that either the magistrate still hasn't finished his duties
[01:56:21.640 --> 01:56:29.640]  and that's one reason why everything's back up to the point to the next step to do.
[01:56:29.640 --> 01:56:31.640]  I just thought that was kind of interesting, something to throw out there.
[01:56:31.640 --> 01:56:36.640]  Maybe people look on their papers to see if they've got something like that they can maybe use.
[01:56:36.640 --> 01:56:45.640]  I'd actually use that to get it thrown out because the magistrate did not conduct the examining trial thus denial of due process ensued.
[01:56:45.640 --> 01:56:49.640]  There was no finding of probable cause therefore proceeding was illegal.
[01:56:49.640 --> 01:56:53.640]  The court lacked subject matter jurisdiction.
[01:56:53.640 --> 01:57:04.640]  Yeah and earlier y'all were talking about the clerks making out the complaint when they weren't there to witness the event that they were complaining about?
[01:57:04.640 --> 01:57:06.640]  Yeah, they can do that.
[01:57:06.640 --> 01:57:11.640]  They can make out the complaint but what they can't do is go to trial on that complaint.
[01:57:11.640 --> 01:57:20.640]  Well that might be, but I know of somebody what they did to them for that is once they had appealed to county and they didn't have any other complaint,
[01:57:20.640 --> 01:57:25.640]  they had them pulled up there for examination in the county court.
[01:57:25.640 --> 01:57:30.640]  Yes, subpoenaed. I've got it in my notes here, subpoenaed the clerk.
[01:57:30.640 --> 01:57:36.640]  Yeah, well that'll get them jumping up and down.
[01:57:36.640 --> 01:57:40.640]  And something y'all might find interesting, I don't know if y'all found the email today.
[01:57:40.640 --> 01:57:53.640]  I sent y'all email about this thing and get from the state's website for the constitution and statutes.
[01:57:53.640 --> 01:58:03.640]  Well on the side there they have a thing about constitutional changes and they have a listing of every constitutional change or attempted proposed change
[01:58:03.640 --> 01:58:10.640]  since the inception of the current constitution and find a number of interesting things there.
[01:58:10.640 --> 01:58:18.640]  I know that somebody complained a lot about this amendment back in 1999.
[01:58:18.640 --> 01:58:20.640]  Wait a minute, wait a minute, we're about to go to break.
[01:58:20.640 --> 01:58:21.640]  Okay.
[01:58:21.640 --> 01:58:24.640]  I think he's coming up, hang on, we'll bring up on the other side.
[01:58:24.640 --> 01:58:28.640]  This is Randy Kelton, Eddie Craig, Deborah Stevens.
[01:58:28.640 --> 01:58:30.640]  It's up, Deborah Stevens is off tonight.
[01:58:30.640 --> 01:58:34.640]  Rule of Law Radio, we'll be back.
[01:58:34.640 --> 01:58:37.640]  We've got another, or two hours to go.
[01:58:37.640 --> 01:58:41.640]  So if you have any questions or comments, call in.
[01:58:41.640 --> 01:58:45.640]  We've only got about seven or eight callers on the board.
[01:58:45.640 --> 01:58:47.640]  So we might get to you.
[01:58:47.640 --> 01:58:59.640]  Anyway, okay, we'll be back shortly, Rule of Law Radio.
[01:58:59.640 --> 01:59:03.640]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[01:59:03.640 --> 01:59:08.640]  We specialize in showing people how to strike back against corrupt public officials.
[01:59:08.640 --> 01:59:15.640]  With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.
[01:59:15.640 --> 01:59:20.640]  If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.
[01:59:20.640 --> 01:59:21.640]  But there is a remedy.
[01:59:21.640 --> 01:59:32.640]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the consumer protection laws
[01:59:32.640 --> 01:59:36.640]  to recover what the lenders have stolen through fraud and deception.
[01:59:36.640 --> 01:59:43.640]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime.
[01:59:43.640 --> 01:59:47.640]  Lender fraud is bankrupting this country and it's time to fight back.
[01:59:47.640 --> 02:00:14.640]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the money changers in their tracks.