[00:00.000 --> 00:04.440]  This news brief brought to you by the International Newsnet.
[00:04.440 --> 00:07.720]  Masses of Egyptians returned to Tahrir Square Friday,
[00:07.720 --> 00:12.160]  one month after the start of the uprising that toppled President Hosni Mubarak,
[00:12.160 --> 00:17.560]  demanding the release of political prisoners, an end to emergency rule and higher wages.
[00:17.560 --> 00:23.240]  Several former ministers and prominent business people have been arrested for corruption.
[00:23.240 --> 00:28.440]  Pakistani authorities have arrested Aaron Dehaven, a US government security contractor,
[00:28.440 --> 00:31.320]  amid a worsening row between the two countries,
[00:31.320 --> 00:34.520]  with Pakistani intelligence calling on the US to quote,
[00:34.520 --> 00:39.520]  come clean about its network of spies in the country.
[00:39.520 --> 00:43.200]  Thousands demonstrated Friday in the Jordanian capital, Amman,
[00:43.200 --> 00:46.440]  in a day of anger calling for political reforms.
[00:46.440 --> 00:49.280]  Leading trade unionist Meza Ramallah said,
[00:49.280 --> 00:53.280]  we are demonstrating against official bullying and to demand reforms.
[00:53.280 --> 01:01.000]  King Abdullah, a key US ally, has failed to quiet calls for greater political freedom.
[01:01.000 --> 01:05.960]  Russia's SVR spy service says Raymond Davis, the US government official
[01:05.960 --> 01:10.640]  accused of killing two Pakistanis, was found with CIA documents
[01:10.640 --> 01:13.640]  showing Davis was providing al-Qaeda with quote,
[01:13.640 --> 01:17.680]  nuclear fissile material and quote, biological agents.
[01:17.680 --> 01:20.680]  The Russian report says Davis's combat skills,
[01:20.680 --> 01:23.960]  along with documentation taken from him after his arrest,
[01:23.960 --> 01:28.840]  prove he is a member of the US's TF-373 black operations unit,
[01:28.840 --> 01:31.760]  operating in Afghanistan and Pakistan.
[01:31.760 --> 01:36.640]  Pakistan says the two men Davis killed were ISI agents following him
[01:36.640 --> 01:40.080]  after it was discovered he had contacted al-Qaeda.
[01:40.080 --> 01:45.560]  The SVR report stated top secret CIA documents found in Davis's possession
[01:45.560 --> 01:52.000]  point to his and or TF-373 providing al-Qaeda with nuclear fissile material
[01:52.000 --> 01:55.600]  and biological agents to be used against the United States
[01:55.600 --> 02:00.320]  to ignite an all-out war in order to reestablish the West's hegemony
[02:00.320 --> 02:05.520]  over a global economy that is just months away from collapse.
[02:05.520 --> 02:10.000]  The name Roger Ailes, chairman of Fox News, has appeared in court documents
[02:10.000 --> 02:15.160]  as the previously anonymous executive who tried to persuade a fellow News Corp executive
[02:15.160 --> 02:19.640]  to lie to federal investigators over a crucial Washington appointment.
[02:19.640 --> 02:24.360]  In a 2007 unfair dismissal claim against her former employers,
[02:24.360 --> 02:29.320]  Judith Regan asserted that a News Corp senior executive had tried to silence her
[02:29.320 --> 02:33.400]  while Bernard Kerrick was being vetted for the position of head of Homeland Security.
[02:33.400 --> 02:37.160]  Regan was having an affair with Kerrick and she alleged in her lawsuit
[02:37.160 --> 02:41.800]  the unnamed executive had wanted her to keep quiet about it during the vetting procedure
[02:41.800 --> 02:46.440]  in order to protect former New York Mayor Rudy Giuliani who had appointed Kerrick
[02:46.440 --> 02:51.000]  as New York police commissioner and who was considering running for president.
[02:51.000 --> 03:19.960]  Court documents also included an audio tape of Ailes putting pressure on Regan.
[03:21.960 --> 03:23.960]  Well
[03:27.320 --> 03:31.960]  Bad boys, what you want, what, what you want, what you gonna do
[03:31.960 --> 03:35.960]  When Sheriff John Brown comes for you
[03:37.960 --> 03:43.960]  Tell me, what you wanna do, what you gonna do
[03:43.960 --> 03:51.560]  Check. Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:52.760 --> 03:57.480]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:57.480 --> 04:00.280]  When you work and your head bad freeze
[04:00.280 --> 04:03.160]  When you go to school and learn the golden rules
[04:03.160 --> 04:05.720]  So, why are you acting like a bloody fool
[04:05.720 --> 04:08.600]  If you get hot then you must just coo
[04:08.600 --> 04:13.400]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[04:13.400 --> 04:17.400]  All right, bad boys, bad boys, what are you going to do?
[04:17.400 --> 04:22.400]  What are you going to do when you come, when we come for you?
[04:22.400 --> 04:26.400]  It is Friday, February 25th.
[04:26.400 --> 04:34.400]  I'm Deborah Stevens here with your co-host, other hosts, Randy Kelton and Eddie Craig.
[04:34.400 --> 04:38.400]  And we've got callers lined up on the board already.
[04:38.400 --> 04:47.400]  We've got a friend of ours, Chris, that's about to call in to tell a story about a very recent victory of his.
[04:47.400 --> 04:51.400]  And here he is right now. Let's go to Chris.
[04:51.400 --> 04:54.400]  Wait, wait, wait, let me, let me lean into him.
[04:54.400 --> 04:57.400]  Okay, lean into him or lean into him?
[04:57.400 --> 04:58.400]  Okay, lean on him.
[04:58.400 --> 05:00.400]  Lean on him, okay.
[05:00.400 --> 05:14.400]  Okay, Chris works with me in the remedies in real estate. And because of that, he has a friend in New York who's an attorney, Erin, she was on the show.
[05:14.400 --> 05:17.400]  And there was an issue with one of her clients.
[05:17.400 --> 05:23.400]  Chris helped with the issue and the results were rather remarkable.
[05:23.400 --> 05:26.400]  Chris, you want to explain what went on there?
[05:26.400 --> 05:28.400]  Sure, can you guys hear me okay?
[05:28.400 --> 05:30.400]  Yeah, we can hear you just fine, Chris.
[05:30.400 --> 05:31.400]  Okay.
[05:31.400 --> 05:35.400]  Got some background noise, but we can hear you.
[05:35.400 --> 05:38.400]  That's my kids. I'm going to jump into a quieter room.
[05:38.400 --> 05:40.400]  Okay, great, thanks. That'll help.
[05:40.400 --> 05:46.400]  Okay. His kids should be sleeping by now. I'm surprised they're not. So here we go.
[05:46.400 --> 05:54.400]  As mentioned, my friend who's an attorney, she's a real estate attorney. She doesn't deal a lot in litigation.
[05:54.400 --> 05:58.400]  But she had a friend come to her to help fight a tax issue.
[05:58.400 --> 06:06.400]  The taxes for her property, her property was being assessed by the town at $170-something-thousand dollars.
[06:06.400 --> 06:13.400]  And they just had an appraisal done at about $80,000. So they were trying to protest the taxes.
[06:13.400 --> 06:17.400]  And what had happened is they had to end up suing this little town.
[06:17.400 --> 06:25.400]  So what happened from there, the town council thought they were just full of it and saying,
[06:25.400 --> 06:30.400]  there's no way your house is worth that little. So the town paid for its own appraisal.
[06:30.400 --> 06:37.400]  And when the town paid for its own appraisal, by the time it came back before the actual hearing,
[06:37.400 --> 06:42.400]  they refused to give it to the other side. And you can probably guess why.
[06:42.400 --> 06:50.400]  That's because it was probably going to corroborate that it was worth exactly what this lady thought her house was worth.
[06:50.400 --> 06:57.400]  So from there, she calls me and says, what should I do? What should I do?
[06:57.400 --> 07:00.400]  My attorney friends called me and said, well, how do we get a copy of this appraisal?
[07:00.400 --> 07:04.400]  I said, well, I wouldn't have you do it, but I would love to go after it.
[07:04.400 --> 07:10.400]  So I put out a Freedom of Information request. And because it was paid for with tax dollars,
[07:10.400 --> 07:18.400]  I went and requested it. And I got a response back saying, you can have it after July 31st,
[07:18.400 --> 07:22.400]  which just coincidentally happened to be the same date her hearing was,
[07:22.400 --> 07:25.400]  to which they tried to argue over the issue of the tax.
[07:25.400 --> 07:32.400]  So they'd never have the damning information from the town admitting that it's not worth anywhere it's supposed to be worth.
[07:32.400 --> 07:40.400]  So knowing in New York State you have five business days to either give it or deny it,
[07:40.400 --> 07:47.400]  I went back up well before the 31st and I gave another written request.
[07:47.400 --> 07:51.400]  This is a tiny little town. So there's not a lot of people that work there.
[07:51.400 --> 07:55.400]  There's probably 200 people in the town or 200 houses in the town.
[07:55.400 --> 08:07.400]  So I went in, made the request, and I was told over the phone by the mayor that upon counsel by the attorney,
[08:07.400 --> 08:13.400]  the board is refusing to give it to me because they're calling it work product.
[08:13.400 --> 08:21.400]  So I know what work product is, and I'm pretty sure that that doesn't qualify as work product.
[08:21.400 --> 08:28.400]  And I'm also fairly sure that that doesn't qualify as one of the excuses to deny public records to a citizen.
[08:28.400 --> 08:35.400]  So what I did is I told them I'm going to be coming back tomorrow with a judiciary request
[08:35.400 --> 08:42.400]  with the hopes that if it's part of a case file, I can obtain that information through judiciary law,
[08:42.400 --> 08:44.400]  not the Freedom of Information Act.
[08:44.400 --> 08:51.400]  So I came back the next day, gave them my information, and the mayor calls again.
[08:51.400 --> 08:59.400]  He says, they're not going to give it to you, kind of being a bit of a jerk to me.
[08:59.400 --> 09:04.400]  And I said, okay, I'm going to get the insurance information from the lady behind the counter here
[09:04.400 --> 09:11.400]  for this little town to protect against public hazard because I'm going to draft a tort,
[09:11.400 --> 09:14.400]  and I need to know who to draft it to.
[09:14.400 --> 09:20.400]  Then all of a sudden, the mayor ends up showing up while she's making copies for me.
[09:20.400 --> 09:24.400]  And he pulls me into the other room and goes, can we talk for a minute?
[09:24.400 --> 09:26.400]  I don't know whose house this is.
[09:26.400 --> 09:29.400]  I'm just doing a favor for a friend of mine.
[09:29.400 --> 09:35.400]  But the mayor says, why are you doing this?
[09:35.400 --> 09:39.400]  He's never had anyone approach this type of tactic before.
[09:39.400 --> 09:41.400]  And I said, public interest.
[09:41.400 --> 09:44.400]  He goes, but what's your relationship to Mrs. So-and-so?
[09:44.400 --> 09:45.400]  I said, I've never met her before.
[09:45.400 --> 09:48.400]  And the look on his face is like, I don't get it.
[09:48.400 --> 09:50.400]  I don't get why you're doing this.
[09:50.400 --> 09:53.400]  And then he actually said this to me, and I have it recorded.
[09:53.400 --> 09:59.400]  I have my little pen mic and my pen camera and my phone microphone.
[09:59.400 --> 10:03.400]  And he actually said to me, you've got to look at it from my point of view.
[10:03.400 --> 10:06.400]  My job is to collect the taxes for the town,
[10:06.400 --> 10:10.400]  and if the information that you're trying to pay became public,
[10:10.400 --> 10:12.400]  we wouldn't be able to collect as much taxes.
[10:12.400 --> 10:14.400]  I swear to you he said that.
[10:14.400 --> 10:20.400]  Fighting my tongue, I wanted to walk across the police station right there,
[10:20.400 --> 10:21.400]  but I didn't.
[10:21.400 --> 10:23.400]  I said, okay, I'm going to come back tomorrow.
[10:23.400 --> 10:25.400]  I'm going to come back with two folders.
[10:25.400 --> 10:31.400]  One is going to be another request for the information.
[10:31.400 --> 10:35.400]  If you deny me the information that I'm looking for,
[10:35.400 --> 10:37.400]  I'm going to use my second folder.
[10:37.400 --> 10:39.400]  It's going to be a criminal complaint against you
[10:39.400 --> 10:43.400]  and a criminal complaint against a gentleman named Tony Jordan,
[10:43.400 --> 10:46.400]  who is the attorney for the town, who denied me the information.
[10:46.400 --> 10:49.400]  And it's going to be in violation in New York State.
[10:49.400 --> 10:52.400]  It's penal law 195, official misconduct.
[10:52.400 --> 10:55.400]  And I'm going to go next door.
[10:55.400 --> 10:58.400]  I'm going to ask the officer to come over here and arrest you.
[10:58.400 --> 11:01.400]  And all of a sudden he starts getting, as Randy said, does his little chicken dance.
[11:01.400 --> 11:05.400]  Now, this is because of violations of open records laws, right?
[11:05.400 --> 11:13.400]  Yes, and the fact of what he said to me about it's his duty to collect as much taxes
[11:13.400 --> 11:17.400]  and regardless if the people know it's not viable or not.
[11:17.400 --> 11:18.400]  Right, right, right.
[11:18.400 --> 11:23.400]  So he had then said, you know, why are you going to do this to me?
[11:23.400 --> 11:24.400]  I didn't do anything to you.
[11:24.400 --> 11:26.400]  It was really like, wow, okay.
[11:26.400 --> 11:27.400]  I said, don't worry.
[11:27.400 --> 11:28.400]  He's not going to arrest you.
[11:28.400 --> 11:29.400]  In fact, he's going to protect you.
[11:29.400 --> 11:34.400]  But I need him to do that so I can then try to get him in front of a district attorney
[11:34.400 --> 11:36.400]  and we'll try to get you all indicted.
[11:36.400 --> 11:40.400]  And the look on his face was like you just kicked him in the teeth.
[11:40.400 --> 11:45.400]  So I'm on the way home and before I even pull into my driveway,
[11:45.400 --> 11:47.400]  I get a call from the mayor.
[11:47.400 --> 11:49.400]  He goes, it's going to be here tomorrow at 10 o'clock.
[11:49.400 --> 11:50.400]  You'll be here at 10 o'clock tomorrow.
[11:50.400 --> 11:51.400]  You'll be ready for it.
[11:51.400 --> 11:53.400]  I said, I appreciate that.
[11:53.400 --> 11:55.400]  So I went in the next day and he calls me on the way down.
[11:55.400 --> 11:56.400]  He's still coming?
[11:56.400 --> 11:57.400]  He's still coming?
[11:57.400 --> 11:58.400]  I said, yep, I'm on my way.
[11:58.400 --> 12:00.400]  I got the information.
[12:00.400 --> 12:09.400]  I brought it to the lady whom I met for the first time who was going against the town on this tax issue.
[12:09.400 --> 12:14.400]  Turns out their appraisal was even less than hers.
[12:14.400 --> 12:21.400]  So we're talking and she's telling me about what a rotten, low-down, dirty little town she's got there
[12:21.400 --> 12:26.400]  and all these people that are doing this to the citizens and all their taxes are higher.
[12:26.400 --> 12:28.400]  They get nothing for those taxes.
[12:28.400 --> 12:31.400]  It's just a way to money grab.
[12:31.400 --> 12:35.400]  So she's talking to me about other things we can help her with.
[12:35.400 --> 12:36.400]  And then all of a sudden I said, you know what?
[12:36.400 --> 12:40.400]  Let me put these criminal complaints into the judge that's overseeing the case.
[12:40.400 --> 12:46.400]  So I wrote a letter to the judge and it said I had no interest in this case.
[12:46.400 --> 12:48.400]  I don't care about the outcome.
[12:48.400 --> 12:49.400]  I just thought you should know.
[12:49.400 --> 12:55.400]  My intent was to try to give them a little leverage and I wanted to set the judge up.
[12:55.400 --> 13:02.400]  So I wrote the two verified criminal complaints and I gave them to the judge overseeing that case and said,
[13:02.400 --> 13:07.400]  I'm revoking your duty as a magistrate to handle these as you're supposed to in New York State law.
[13:07.400 --> 13:10.400]  That was the last I had heard of it.
[13:10.400 --> 13:17.400]  And I got a call from my attorney friend, I think it was on Tuesday, and she says,
[13:17.400 --> 13:27.400]  I just want you to know we're pretty sure that the mayor and the town council,
[13:27.400 --> 13:34.400]  who also happens to be New York State assemblymen, were both arrested this week.
[13:34.400 --> 13:40.400]  And it was secretive, meaning it was probably just not made for the public.
[13:40.400 --> 13:43.400]  They probably just came in and processed them and let them go.
[13:43.400 --> 13:52.400]  So we're in the process now of trying to get copies of the warrants that would have been made off of those requests.
[13:52.400 --> 13:56.400]  So it seems like the judge did what he was supposed to do.
[13:56.400 --> 14:02.400]  That was it, getting an assemblyman and a mayor arrested this week.
[14:02.400 --> 14:04.400]  Not bad for a chump.
[14:04.400 --> 14:07.400]  Wow, Chris, that's great.
[14:07.400 --> 14:09.400]  I don't think you're much of a chump.
[14:09.400 --> 14:12.400]  I think it's awesome.
[14:12.400 --> 14:17.400]  Randy's only upset because so far he's got them all mad at him, but he hasn't got anybody in jail yet.
[14:17.400 --> 14:19.400]  That's right, chump.
[14:19.400 --> 14:23.400]  They're mad at me too, don't get me wrong.
[14:23.400 --> 14:26.400]  I got chumped by the chump.
[14:26.400 --> 14:29.400]  That is really wonderful.
[14:29.400 --> 14:36.400]  Chris is good people, he works well with us, and he takes care of a lot of people, and he deserves a win every once in a while.
[14:36.400 --> 14:38.400]  This was a pretty big one.
[14:38.400 --> 14:46.400]  I suspect Chris will become Mr. Chris around courthouses in New York.
[14:46.400 --> 14:49.400]  Now, Chris, you need to do what the attorney would have done.
[14:49.400 --> 14:55.400]  Now that all the work has been done and you've succeeded, send a bill.
[14:55.400 --> 14:58.400]  Good job, Chris, good job.
[14:58.400 --> 15:04.400]  Well, I couldn't have done it if I didn't listen to you guys for the last four and a half years, so thank you.
[15:04.400 --> 15:16.400]  That is especially pleasing to hear the way that you did it, because that is so hard for them to deal with.
[15:16.400 --> 15:23.400]  When they have a sharpshooter coming in, they're all saying, who is this guy?
[15:23.400 --> 15:32.400]  As far as me, when they start asking me why I'm looking for things, I'd like to get them to do that, because that's a valace on its face.
[15:32.400 --> 15:36.400]  But you're a mystery tool.
[15:36.400 --> 15:38.400]  They have no way to deal with you.
[15:38.400 --> 15:40.400]  They can't reason with you.
[15:40.400 --> 15:49.400]  It appears as though you've been sent in to set them up, and it terrifies them.
[15:49.400 --> 15:51.400]  Well, it should.
[15:51.400 --> 15:53.400]  And I'll tell you the real victory here, guys.
[15:53.400 --> 15:55.400]  It's not about what I did.
[15:55.400 --> 16:08.400]  It's the fact that this lady who was helped is so empowered, she has now gone out and wrangled about 50 homeowners in that town to do the same exact thing.
[16:08.400 --> 16:11.400]  Good for her, and that's what's supposed to happen.
[16:11.400 --> 16:14.400]  Cock-a-doodle-doo.
[16:14.400 --> 16:15.400]  There we go.
[16:15.400 --> 16:16.400]  Yep.
[16:16.400 --> 16:22.400]  Now that she feels like there's something that can be done and it will have an impact, she's more willing to do it.
[16:22.400 --> 16:26.400]  And all these other people are going to do it.
[16:26.400 --> 16:28.400]  Yes, the people are rising up.
[16:28.400 --> 16:29.400]  Yes, we're winning.
[16:29.400 --> 16:30.400]  We're winning.
[16:30.400 --> 16:31.400]  Woo-hoo!
[16:31.400 --> 16:32.400]  All right.
[16:32.400 --> 16:33.400]  All right.
[16:33.400 --> 16:34.400]  Thanks, guys.
[16:34.400 --> 16:35.400]  All right.
[16:35.400 --> 16:36.400]  Thank you, Chris.
[16:36.400 --> 16:37.400]  Okay.
[16:37.400 --> 16:38.400]  Call boards are filling up.
[16:38.400 --> 16:39.400]  They're filling up.
[16:39.400 --> 16:42.400]  We're going to take your calls more when we get back on the other side.
[16:42.400 --> 16:50.400]  It is our four-hour Friday info marathon here on the rule of law, Friday, February 25, 2011.
[16:50.400 --> 16:54.400]  Call in 512-646-1984.
[16:54.400 --> 17:00.400]  We'll talk to you all in a bit.
[17:00.400 --> 17:07.400]  Capital Coin and Bullion is your local source for rare coins, precious metals, and coin supplies in the Austin metro area.
[17:07.400 --> 17:09.400]  We also ship worldwide.
[17:09.400 --> 17:14.400]  We're a family-owned and operated business that offers competitive prices on your coin and metals purchases.
[17:14.400 --> 17:20.400]  Because of you, Austin, business has been so good that we've had to move to a new and bigger location.
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[17:27.400 --> 17:32.400]  We're on the west side of Burnett Road in the Stanley Insurance Building on the ground floor,
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[17:35.400 --> 17:39.400]  We're open Monday through Friday, 10 to 6, Saturdays 10 to 5.
[17:39.400 --> 17:45.400]  You're welcome to stop in during regular business hours or call 512-646-6440.
[17:45.400 --> 17:50.400]  Ask for Chad or Becky and say that you heard about us on Rule of Law Radio or Texas Liberty Radio.
[17:50.400 --> 18:00.400]  That's Capital Coin and Bullion at our new location at 7304 Burnett Road Suite A or call 512-646-6440.
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[19:19.400 --> 19:33.400]  The world is spinning like it's out of control On the edge of a hole inside a deep dark dome
[19:33.400 --> 19:39.400]  I'm always on the lookout for something to soothe my soul
[19:39.400 --> 19:52.400]  So I sit back and I watch the evidence unfold And I see justice is the goal
[19:52.400 --> 19:59.400]  Yeah, justice is the goal
[19:59.400 --> 20:05.400]  Sometimes we fell a little too far at sea And then we got to get back on course quickly
[20:05.400 --> 20:12.400]  There was a world of heavy advisory From the man that came all the way from Galilee
[20:12.400 --> 20:18.400]  I'm searching for a safe and warm place to be Where I don't have to work so hard to be free
[20:18.400 --> 20:24.400]  Some guys are trying to rewrite history But they got caught, now them guys got to flee
[20:24.400 --> 20:31.400]  Looks like justice
[20:31.400 --> 20:37.400]  Okay, looks like justice is the key Looks like we're finally getting some
[20:37.400 --> 20:42.400]  We want it now, not later Looks like we're finally getting it
[20:42.400 --> 20:47.400]  Okay, we're going to your calls We've got J.N. California
[20:47.400 --> 20:51.400]  Wait, wait, wait, hold on Yeah, one thing I want to do address
[20:51.400 --> 20:53.400]  Okay
[20:53.400 --> 20:57.400]  I've got bargrievance.net up
[20:57.400 --> 20:59.400]  bargrievance.net
[20:59.400 --> 21:01.400]  Up and working
[21:01.400 --> 21:04.400]  And I got a bone to pick with him over this, too, folks He didn't tell me he was doing that
[21:04.400 --> 21:11.400]  And I took it upon my own initiative to create, too, for grievances and judicial conduct complaints as well
[21:11.400 --> 21:15.400]  You have a website for bargrievances and judicial conduct complaints, too?
[21:15.400 --> 21:21.400]  It's not up and functioning, but I bought the domain for it and attached them to my capital-lies.com domain
[21:21.400 --> 21:23.400]  But yes, I did
[21:23.400 --> 21:29.400]  This is what I've been talking about for five years, I finally got it done
[21:29.400 --> 21:31.400]  It's up and working
[21:31.400 --> 21:34.400]  You'll notice that it's not formatted
[21:34.400 --> 21:45.400]  I'll have the deliberately set it up without any specific formatting because I'll be styling it into cascading style sheets
[21:45.400 --> 21:48.400]  I'll have the programmer do that
[21:48.400 --> 21:56.400]  It's up and working, if you have grievances you want to file and your state's not up there
[21:56.400 --> 22:04.400]  Let me know and I'll post them up as quick as I can get them structured out
[22:04.400 --> 22:06.400]  Okay, that's it for me
[22:06.400 --> 22:09.400]  Okay, we're going to go to the callers now, the board's filling up already
[22:09.400 --> 22:11.400]  We got Jay from California
[22:11.400 --> 22:14.400]  Okay, Jay, what do you got for us tonight?
[22:14.400 --> 22:18.400]  Oh man, I got a situation
[22:18.400 --> 22:29.400]  I am one of the oldest veterans in the country that they've used service dog for with PTSD and depression
[22:29.400 --> 22:40.400]  I've got two states that have violated my civil rights and most recently I have my mother's health proxy, I had her power of attorney
[22:40.400 --> 22:51.400]  But my older brother, who was born to my mother illegitimately, she was raped when she was 19, stole United States mail
[22:51.400 --> 23:08.400]  When he filed the emergency hearing based on lies, he filed the stolen mail document with the court, which was under my power of attorney
[23:08.400 --> 23:18.400]  I had noticed that my brother had made a grab from my grandparents' house, he stole that from my mother for a dollar in 1995
[23:18.400 --> 23:24.400]  And in 96 my mother fell and broke her back and then he didn't call me
[23:24.400 --> 23:30.400]  I took a month off because I was paying exorbitant phone bills talking to my mother every day, she's a widow
[23:30.400 --> 23:35.400]  My father died in 89, my mother and father married in 55
[23:35.400 --> 23:38.400]  Wait, try to stay with the issue
[23:38.400 --> 23:41.400]  I am, I am, I am, I'm trying to give you the background
[23:41.400 --> 23:50.400]  She was widowed by him in 85, they were not married when he died, but they were joint tenancy
[23:50.400 --> 23:55.400]  My father left the state, which she was the trustee of
[23:55.400 --> 24:07.400]  My brother, after this happened and I began to pursue my career in California, he began to unduly influence my mother to remove property from her
[24:07.400 --> 24:13.400]  For a dollar, he gave my mother's sister $40,000
[24:13.400 --> 24:25.400]  The end result of it is, is that the house that he stole, he moved into, he lived in with his wife when he started this illegal suit
[24:25.400 --> 24:30.400]  He said that I was trying to take his mother away from him, but I was not
[24:30.400 --> 24:37.400]  I was actually trying to move to the west coast where I had a business contract to fulfill
[24:37.400 --> 24:46.400]  And Mother Need was diagnosed with early Alzheimer's and was told that she needed year round exercise to try to fight the dementia as much as possible
[24:46.400 --> 24:48.400]  Because my mother was walking and ambitory
[24:48.400 --> 24:52.400]  Okay, wait, wait, look, wait, wait, this is going to take all night
[24:52.400 --> 24:54.400]  No, it's not, no it's not
[24:54.400 --> 24:58.400]  Okay, what we really need is just what the legal issues are
[24:58.400 --> 25:04.400]  Dying, this is some seven years later, I've been isolated from her, I have her power of attorney
[25:04.400 --> 25:08.400]  I haven't been able to see my mother in four years
[25:08.400 --> 25:11.400]  I've sued for guardianship
[25:11.400 --> 25:16.400]  When I went to go for guardianship, I have a service dog
[25:16.400 --> 25:21.400]  I end up applying to the court telling them what accommodations I need
[25:21.400 --> 25:25.400]  They said that they wouldn't take it from me, I couldn't advocate for myself
[25:25.400 --> 25:33.400]  So I went and got a certified public, certified ADA advocate to tell them what accommodations I need
[25:33.400 --> 25:39.400]  My doctor said I should not go because I had been through too much trauma back in New Jersey
[25:39.400 --> 25:44.400]  They ended up dismissing the case with prejudice on me
[25:44.400 --> 25:51.400]  They sent me a fax the day before I was supposed to leave, I was supposed to leave on the Red Eye against the doctor's order
[25:51.400 --> 25:56.400]  Telling me to not leave, to leave my service dog at home
[25:56.400 --> 26:03.400]  The last time I was before the court I left my service dogs at home and they were injured here in the state of California
[26:03.400 --> 26:08.400]  By one of the people that owned the property
[26:08.400 --> 26:14.400]  It was a hate crime, I got my dogs back but the veterinarian that did the diagnosis for the city
[26:14.400 --> 26:18.400]  Conned me out of my dogs, I had her sign a contract when I took her to court
[26:18.400 --> 26:23.400]  Wait a minute, wait a minute, you're getting way, way too many issues
[26:23.400 --> 26:27.400]  We've got a dozen issues here already, where are we going?
[26:27.400 --> 26:31.400]  We're going to the fact that my mother's dying and I need to get guardianship
[26:31.400 --> 26:38.400]  But the judge, the Spartan, they told me to leave my service dog at home which I need for medical reasons
[26:38.400 --> 26:43.400]  Wait a minute, you're just going back to the, what is your question?
[26:43.400 --> 26:51.400]  How do I get the dismissal with prejudice removed and get to the bottom line of the mailbox?
[26:51.400 --> 26:56.400]  How long ago was the dismissal given?
[26:56.400 --> 27:01.400]  He signed the order on the 18th of February
[27:01.400 --> 27:05.400]  Okay, file a motion for reconsideration
[27:05.400 --> 27:17.400]  He said that in order to do that I have to pay my brother $220 for his travel expense, I don't have it
[27:17.400 --> 27:21.400]  File a, okay, file as indigent
[27:21.400 --> 27:28.400]  I already did that, he has the memorial in there, he knows I'm disabled and he's acting with a bias
[27:28.400 --> 27:31.400]  Then move to disqualify
[27:31.400 --> 27:39.400]  Okay, I filed the motion to disqualify but now the court has told me to go to the appellate court
[27:39.400 --> 27:43.400]  and I have carpal tunnels and I'm running out of ability
[27:43.400 --> 27:48.400]  All you're doing is, wait a minute, wait a minute, you're telling me you can't do this, is that what I'm hearing?
[27:48.400 --> 27:50.400]  That's what I'm saying
[27:50.400 --> 27:54.400]  If you can't do it, you can't do it
[27:54.400 --> 27:56.400]  I don't know what to tell you
[27:56.400 --> 28:02.400]  I mean I can do it, it's hard Randy because I have carpal tunnels in my hand
[28:02.400 --> 28:09.400]  As a disabled veteran I'm service connected, it's not that I can't do it, I can, I understand what to do
[28:09.400 --> 28:17.400]  I understand to invoke the Ku Klux Klan Act and I told him about this prison of a crime because I showed him a police report
[28:17.400 --> 28:26.400]  I realized that his oath says that his authority comes from the people so if I don't consent he has no authority
[28:26.400 --> 28:30.400]  And I definitely have not consented anywhere along the line
[28:30.400 --> 28:39.400]  We need something, if this is how you adjudicated your case, I can understand that they're having a problem
[28:39.400 --> 28:46.400]  Because one of the things we have to do is focus on particular issues
[28:46.400 --> 28:53.400]  We can't throw 30 things at them at one time and try to take everything that's ever happened and all the separate pieces
[28:53.400 --> 28:57.400]  and weave them together into one thing
[28:57.400 --> 29:06.400]  Well the only thing that I was focused on was the fact that they violated her constitutional rights by allowing the piece of mail
[29:06.400 --> 29:10.400]  They never asked my brother what authority did he have to have the mail
[29:10.400 --> 29:18.400]  He did not live in the household that the mail was sent to, it was not his name, he did not have the power of attorney
[29:18.400 --> 29:22.400]  I had the power of attorney for the piece of mail that he happened to have
[29:22.400 --> 29:30.400]  Okay then you might file a separate action against him, but it's hard to really give you any information here
[29:30.400 --> 29:35.400]  Because you've got so many issues, I have no idea where to start
[29:35.400 --> 29:37.400]  Well what it is is that I find...
[29:37.400 --> 29:39.400]  Okay hold on we're about to go to break
[29:39.400 --> 29:45.400]  Yeah and we're going to have to wrap this up on the other side because we really need to stick to one caller per segment
[29:45.400 --> 29:47.400]  Because there's too many people that want to talk
[29:47.400 --> 29:49.400]  Okay
[29:49.400 --> 29:54.400]  Okay this is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio
[29:54.400 --> 29:59.400]  Call lines are open, 512-646-1984
[29:59.400 --> 30:05.400]  The Rule of Law Radio Network is proud to present a due process of law seminar hosted by our own Eddie Craig
[30:05.400 --> 30:11.400]  Eddie is a former Nacogdoches County Sheriff's Deputy and for the past 21 years he has studied the due process of law
[30:11.400 --> 30:16.400]  and now offers his knowledge to you at a law seminar every Saturday from 3 o'clock to 6 o'clock
[30:16.400 --> 30:21.400]  at Brave New Books, located at 1904 Guadalupe Street in Austin, Texas
[30:21.400 --> 30:29.400]  Admission is $20, so please make plans to come and sit with Eddie and learn for yourself what the true intent of law really is
[30:29.400 --> 30:33.400]  Do you like people looking over your shoulder while you surf the net?
[30:33.400 --> 30:37.400]  Probably not, but that could be happening if you're not using a proxy
[30:37.400 --> 30:43.400]  I'm Dr. Katherine Albrecht and I'll be back with an easy, privacy friendly proxy tip in just a moment
[30:43.400 --> 30:51.400]  Your search engine is watching you, recording all your searches and creating a massive database of your personal information
[30:51.400 --> 30:52.400]  That's creepy
[30:52.400 --> 30:54.400]  But it doesn't have to be that way
[30:54.400 --> 30:57.400]  Startpage.com is the world's most private search engine
[30:57.400 --> 31:03.400]  Startpage doesn't store your IP address, make a record of your searches or use tracking cookies, and they're third party certified
[31:03.400 --> 31:08.400]  If you don't like Big Brother spying on you, start over with Startpage
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[31:10.400 --> 31:14.400]  Startpage.com, the world's most private search engine
[31:14.400 --> 31:19.400]  A proxy is a privacy tool that lets you view webpages through the identity of a third party computer
[31:19.400 --> 31:26.400]  You never make connection with the webpages you visit directly, so they can't see your personal information, like your IP address or your location
[31:26.400 --> 31:29.400]  They also can't put cookies or malware on your computer
[31:29.400 --> 31:36.400]  There are many proxies on the internet, but one of the easiest to use is at Startpage.com, the world's most private search engine
[31:36.400 --> 31:40.400]  Your search results are automatically delivered with a free proxy option
[31:40.400 --> 31:44.400]  Just click the word proxy under a search result to view that website anonymously
[31:44.400 --> 31:48.400]  That way the websites you visit will only see Startpage, not you
[31:48.400 --> 31:51.400]  I'm Dr. Catherine Albrecht, wishing you safe internet searching
[31:51.400 --> 31:55.400]  More news and information at CatherineAlbrecht.com
[31:55.400 --> 31:58.400]  Yeah, I got a warrant
[31:58.400 --> 32:01.400]  And I'm going to solve them
[32:01.400 --> 32:04.400]  To the government them
[32:04.400 --> 32:06.400]  Prosecute them
[32:06.400 --> 32:09.400]  Okay
[32:09.400 --> 32:12.400]  All set
[32:12.400 --> 32:17.400]  Okay, this is Dr. Andy Kelton, Debbie Stevens, Eddie Craig, and you have our radio
[32:17.400 --> 32:25.400]  We're back and we're talking to Jay in California
[32:25.400 --> 32:28.400]  I tell you, I would like to be able to help you
[32:28.400 --> 32:31.400]  But before I can help you
[32:31.400 --> 32:35.400]  You have to be able to tell me what help you need
[32:35.400 --> 32:41.400]  And right now, all that you've told me simply tells me that
[32:41.400 --> 32:47.400]  You're confused about the issues
[32:47.400 --> 32:51.400]  You're not apparently sure of which issues are most important
[32:51.400 --> 32:54.400]  Which issues are not
[32:54.400 --> 32:59.400]  There's a court case going on in New York, you're in California
[32:59.400 --> 33:05.400]  One of the things I'm wondering is what standing do you have in that court proceeding
[33:05.400 --> 33:09.400]  We never have even heard what the nature of the proceeding was
[33:09.400 --> 33:19.400]  What kind of case is it and what standing do you have in the case
[33:19.400 --> 33:25.400]  Jay, you there?
[33:25.400 --> 33:29.400]  They sued me, my brother sued me
[33:29.400 --> 33:33.400]  Saying that I was unduly influencing my mother
[33:33.400 --> 33:37.400]  Whoa, hold on, your brother sued you?
[33:37.400 --> 33:40.400]  With stolen mail
[33:40.400 --> 33:44.400]  Wait a minute, wait a minute, he sued you in New York and you live in California?
[33:44.400 --> 33:49.400]  He sued me in New Jersey, I was taking care of my mother
[33:49.400 --> 33:51.400]  Were you in New Jersey at the time?
[33:51.400 --> 33:52.400]  Yes, I was
[33:52.400 --> 33:56.400]  Okay, then you're a primary litigant?
[33:56.400 --> 33:58.400]  Yes
[33:58.400 --> 34:01.400]  Did they get a judgment against you?
[34:01.400 --> 34:03.400]  No
[34:03.400 --> 34:07.400]  Okay, wait a minute, you said they dismissed the case with prejudice?
[34:07.400 --> 34:10.400]  No, no, no, they did not dismiss it, yes
[34:10.400 --> 34:14.400]  What happened was we came to an agreement
[34:14.400 --> 34:17.400]  Wait, wait, wait, don't go into a long narrative
[34:17.400 --> 34:18.400]  I'm not, I'm not
[34:18.400 --> 34:24.400]  I entered into what was a temporary agreement to give me enough time to do respite care
[34:24.400 --> 34:30.400]  To get a filing back into court of the accounting that they asked for
[34:30.400 --> 34:33.400]  When I got the accounting together, they didn't do that
[34:33.400 --> 34:40.400]  But they threw my mother into a nursing home during this time, within 30 days
[34:40.400 --> 34:41.400]  And they kept her there
[34:41.400 --> 34:44.400]  Okay, let's go, wait a minute, wait a minute
[34:44.400 --> 34:46.400]  You're going off into the whole story
[34:46.400 --> 34:48.400]  I want to go on and on
[34:48.400 --> 34:53.400]  What was dismissed with prejudice?
[34:53.400 --> 34:56.400]  I filed a new motion
[34:56.400 --> 35:00.400]  They filed a complaint to put my mother into hospice
[35:00.400 --> 35:07.400]  I filed an answer and a cross complaint asking for dismissal of the public guardian
[35:07.400 --> 35:11.400]  Citing noncompliance with a three-year court order
[35:11.400 --> 35:16.400]  Also citing the fact that I was being shut out of my mother's life
[35:16.400 --> 35:21.400]  And that the case was begun with stolen United States mail
[35:21.400 --> 35:27.400]  When I filed that, the hearing was scheduled for the 16th of February
[35:27.400 --> 35:30.400]  I don't have a place to stay
[35:30.400 --> 35:33.400]  Wait, wait, wait, we don't want to go through all of that
[35:33.400 --> 35:37.400]  Okay, so the judge dismissed your counter-complaint with prejudice
[35:37.400 --> 35:41.400]  Exactly, exactly
[35:41.400 --> 35:49.400]  And the reason why he dismissed it is because I had asked for an accommodation
[35:49.400 --> 35:51.400]  Okay, we know that part
[35:51.400 --> 35:55.400]  They asked for accommodation and the court didn't grant you accommodation
[35:55.400 --> 36:00.400]  That will give you a claim under ADA, the Americans with Disabilities Act
[36:00.400 --> 36:04.400]  So he sent that to me the night before I was supposed to leave
[36:04.400 --> 36:07.400]  At the end of his business day
[36:07.400 --> 36:11.400]  So when I didn't show up in court and he asked why
[36:11.400 --> 36:15.400]  And I said you didn't give me the accommodations that I needed
[36:15.400 --> 36:19.400]  He then turns around and dismisses the case with prejudice
[36:19.400 --> 36:22.400]  Okay, he's dismissed with prejudice
[36:22.400 --> 36:26.400]  Now you have to file a motion for reconsideration
[36:26.400 --> 36:28.400]  That's your next step
[36:28.400 --> 36:31.400]  And then you file an appeal
[36:31.400 --> 36:32.400]  Okay
[36:32.400 --> 36:34.400]  That's your options
[36:34.400 --> 36:39.400]  I was hoping that I could go with a written amnesty under the Ku Klux Klan Act
[36:39.400 --> 36:40.400]  No, no
[36:40.400 --> 36:42.400]  Into federal court asking for parity
[36:42.400 --> 36:46.400]  No, no, no, stop, stop, stop, you're mixing things up
[36:46.400 --> 36:50.400]  The Ku Klux Klan Act, there's two sides to it
[36:50.400 --> 36:55.400]  There's 18 U.S. Code 242 and there's 42 U.S. Code 1983
[36:55.400 --> 36:59.400]  Which allows you to file suit against a public official
[36:59.400 --> 37:05.400]  But you can't sue a judge not for a decision he made from the bench
[37:05.400 --> 37:07.400]  He's absolutely immune
[37:07.400 --> 37:13.400]  You can't touch him with a 1983 suit or anything else
[37:13.400 --> 37:15.400]  Judges have protected themselves
[37:15.400 --> 37:19.400]  Right now your option and your time is short
[37:19.400 --> 37:23.400]  First thing you need to do is request a
[37:23.400 --> 37:26.400]  First thing is findings of fact and conclusions at law
[37:26.400 --> 37:29.400]  And then a motion for reconsideration
[37:29.400 --> 37:32.400]  A finding of fact and conclusion at law?
[37:32.400 --> 37:34.400]  Yes
[37:34.400 --> 37:39.400]  Here's what the judge has a duty to do as a trial court judge
[37:39.400 --> 37:43.400]  He must determine the facts in accordance with the rules of evidence
[37:43.400 --> 37:47.400]  Okay, wait a minute, finding a fact of
[37:47.400 --> 37:52.400]  I write slowly, I have a couple of tunnels, I've got three words of it, Randy, I'm sorry
[37:52.400 --> 37:56.400]  You can pull down the archive of this show and listen to it
[37:56.400 --> 37:58.400]  Okay, thank you
[37:58.400 --> 38:02.400]  Okay, findings of fact and conclusions at law
[38:02.400 --> 38:09.400]  The only thing a trial judge can do is determine the facts in accordance with the rules of evidence
[38:09.400 --> 38:15.400]  Then apply the law as it comes to him to the facts he developed in the case
[38:15.400 --> 38:21.400]  If he does anything else he abuses his discretion and that you can sue him for
[38:21.400 --> 38:27.400]  So you want to know what the facts are that the judge relied on
[38:27.400 --> 38:30.400]  And what law he applied to those facts
[38:30.400 --> 38:32.400]  For your appeal
[38:32.400 --> 38:40.400]  Okay, Randy, can I tell you one last piece of evidence that I spent $700 getting transcribed?
[38:40.400 --> 38:49.400]  It has to do with the judge ordering a guardian ad litem report that was due on the 31st of January
[38:49.400 --> 38:53.400]  She signed it and again it arrived at the end of the business day
[38:53.400 --> 38:57.400]  It implied that my mother was in pain
[38:57.400 --> 39:02.400]  Wait a minute, wait a minute
[39:02.400 --> 39:06.400]  This is not a place for you to air all your grievances
[39:06.400 --> 39:10.400]  It does not go to the issue
[39:10.400 --> 39:14.400]  Your mother's pain is not before the court
[39:14.400 --> 39:18.400]  You have a countersuit, we're talking about your countersuit
[39:18.400 --> 39:22.400]  We understand the courts are scoundrels, that's what we're about
[39:22.400 --> 39:26.400]  And we understand they do a lot of things wrong
[39:26.400 --> 39:30.400]  But we can't get bogged down in all of the things that they did to you
[39:30.400 --> 39:40.400]  What I'd like to know is what if you discover fraud in a court submitted report and you can prove it
[39:40.400 --> 39:48.400]  You file a motion to strike and you can file complaints against motion for sanctions against whoever filed it
[39:48.400 --> 39:55.400]  This is, what you have is a very complex issue and tonight we're running out of time
[39:55.400 --> 39:59.400]  Thank you, I listen to you whenever I can
[39:59.400 --> 40:03.400]  I thank you because you've given me encouragement to continue the fight
[40:03.400 --> 40:05.400]  And without you I wouldn't be able to go on
[40:05.400 --> 40:07.400]  So I'm glad I got this much from you
[40:07.400 --> 40:13.400]  But short answer, first you need a motion for reconsideration
[40:13.400 --> 40:16.400]  That stops the appeal clock
[40:16.400 --> 40:18.400]  He's going to deny it
[40:18.400 --> 40:23.400]  When he denies it, then you file a notice of appeal
[40:23.400 --> 40:25.400]  Okay
[40:25.400 --> 40:32.400]  Look in the federal rules to make sure you know exactly how much time you have from the jurisdiction that it's in
[40:32.400 --> 40:36.400]  And then look into the Americans with Disabilities Act
[40:36.400 --> 40:41.400]  Okay, now what about the fee that he wants me to pay my brother I don't have, how do I handle that?
[40:41.400 --> 40:45.400]  Do you have a, are you shown to be indigent?
[40:45.400 --> 40:46.400]  Yes
[40:46.400 --> 40:50.400]  Okay, then just file the motion for reconsideration, there won't be any fees for that
[40:50.400 --> 40:51.400]  Okay, alright
[40:51.400 --> 40:54.400]  And the notice of appeal
[40:54.400 --> 40:59.400]  Okay, alright, thank you, have a good night you guys
[40:59.400 --> 41:03.400]  Okay, my screen is down, I've timed out, can somebody else
[41:03.400 --> 41:07.400]  Okay, yeah, we're going to go to Jim in Massachusetts
[41:07.400 --> 41:11.400]  Jim, thanks for calling in, what's on your mind tonight, what's your question?
[41:11.400 --> 41:18.400]  Oh hi there, I talked to you last night and I told you I'd call you back just to, I want to just clarify something
[41:18.400 --> 41:23.400]  I mentioned that in my, it was a false 911 call that was done against me
[41:23.400 --> 41:33.400]  And the clerk magistrate who couldn't read, he wouldn't, when I took it between the clerk and clerk magistrate
[41:33.400 --> 41:37.400]  He said basically that he's not going to hear the case, he's not going to deal with it
[41:37.400 --> 41:44.400]  Now he didn't even look at any of my information, didn't listen to my, I have the 911 call recorded
[41:44.400 --> 41:51.400]  He wouldn't listen to anything and he dismissed it, so what I did is I appealed it and it is going to be going before a judge
[41:51.400 --> 41:55.400]  But you mentioned last night something about an affidavit
[41:55.400 --> 41:59.400]  Now, does that have any bearing on what I'm going to be doing in court the next time
[41:59.400 --> 42:01.400]  Okay, wait, hold on, back up a little bit
[42:01.400 --> 42:02.400]  Yep
[42:02.400 --> 42:07.400]  Was this an action in the court or did you file complaints with a magistrate?
[42:07.400 --> 42:13.400]  Well, I haven't done any complaint yet, I just went before a magistrate so I could bring it to court
[42:13.400 --> 42:18.400]  Okay, then prepare a criminal accusation
[42:18.400 --> 42:21.400]  I can't see my caller page, what state are you in?
[42:21.400 --> 42:23.400]  Massachusetts
[42:23.400 --> 42:29.400]  Okay, you need to look at the criminal complaint from Massachusetts
[42:29.400 --> 42:35.400]  And see how it's structured and structure a complaint in the same format
[42:35.400 --> 42:44.400]  And make a criminal accusation and then attach to that a statement of facts
[42:44.400 --> 42:53.400]  State your facts clearly and succinctly without exaggeration or equivocation
[42:53.400 --> 43:02.400]  Speak the truth, state the facts, from the facts you can draw any conclusion you want to
[43:02.400 --> 43:06.400]  So long as the facts are all accurate
[43:06.400 --> 43:11.400]  State the facts, state your conclusion, have it notarized, take those to a magistrate
[43:11.400 --> 43:18.400]  If he refuses to see it, then prepare criminal charges against the magistrate
[43:18.400 --> 43:24.400]  And take those to the local prosecuting attorney
[43:24.400 --> 43:30.400]  You accuse the magistrate of official oppression if you have that statute in Massachusetts
[43:30.400 --> 43:38.400]  Or official misconduct, you'll almost certainly have that one because it reflects 18 years code 242
[43:38.400 --> 43:45.400]  Deb, will you take us out? I can't see my clock
[43:45.400 --> 43:49.400]  Yes, we'll be right back guys
[43:49.400 --> 43:55.400]  This is the rule of law, just hang on the line Jim, we've got Steve, Wayne, Brendan, Tom and more
[43:55.400 --> 44:00.400]  512-646-1984
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[46:18.400 --> 46:46.400]  Okay, this is Randy Kelton, Deborah Stevens and Craig
[46:46.400 --> 46:50.400]  We were on radio and we were talking to Jim from Massachusetts
[46:50.400 --> 46:55.400]  About how to go after the magistrate
[46:55.400 --> 47:05.400]  I generally go in and set them up because judges forget that they're magistrates
[47:05.400 --> 47:12.400]  And it seems like all over the country they have managed to maneuver things
[47:12.400 --> 47:20.400]  So that the law is the sole purview of the police and the courts
[47:20.400 --> 47:23.400]  They forgot that we're the sovereigns
[47:23.400 --> 47:28.400]  They forget that when you bring them a criminal accusation
[47:28.400 --> 47:34.400]  There's no difference between you and a police officer bringing that criminal accusation
[47:34.400 --> 47:40.400]  They forgot they wear two hats and we need to remind them that they wear two hats
[47:40.400 --> 47:47.400]  We need to remind them that you have the same authority to file a criminal charge as a police officer does
[47:47.400 --> 47:51.400]  And sometimes it's like the mule, you can't get to work
[47:51.400 --> 47:57.400]  You don't want to hurt him but you only hit him kind of hard up behind the ear with a two by four
[47:57.400 --> 48:00.400]  Just to get his attention
[48:00.400 --> 48:06.400]  And unlike with Harman Taylor, we don't use a padded one
[48:06.400 --> 48:14.400]  Take a criminal complaint, complete in accordance with Massachusetts law
[48:14.400 --> 48:20.400]  With a attached statement of probable cause
[48:20.400 --> 48:26.400]  Put it in the magistrate's hand, take it to a notary first and have it notarized
[48:26.400 --> 48:29.400]  In law that's called verification
[48:29.400 --> 48:35.400]  Your signature is affirmation, the notary stamp is verification
[48:35.400 --> 48:39.400]  So you will be presenting him a verified criminal affidavit
[48:39.400 --> 48:44.400]  And that invokes his duty as a magistrate to hold an examining trial
[48:44.400 --> 48:48.400]  When he refuses to perform his duty
[48:48.400 --> 48:54.400]  Massachusetts is going to have a law that reflects 18 U.S. Code 242
[48:54.400 --> 49:00.400]  And 18 U.S. Code 242 says that if a public official acting on the call of his authority
[49:00.400 --> 49:05.400]  Fails to perform a duty he's required to perform
[49:05.400 --> 49:11.400]  Or exerts or purports to exert an authority he does not expressly have
[49:11.400 --> 49:16.400]  And in the process denies a citizen full free access to enjoyment of right
[49:16.400 --> 49:19.400]  That's a class A misdemeanor
[49:19.400 --> 49:22.400]  They get six months in jail for it
[49:22.400 --> 49:27.400]  So in this case, every judge is a magistrate
[49:27.400 --> 49:30.400]  A magistrate only has two duties
[49:30.400 --> 49:35.400]  Primary duty is to hear criminal complaints
[49:35.400 --> 49:41.400]  Secondary duty, if they find probable cause, set bail
[49:41.400 --> 49:43.400]  That's it
[49:43.400 --> 49:47.400]  If he fails to perform that duty that's misfeasance in office
[49:47.400 --> 49:54.400]  And if in the process he denies you in your right to equal protection of the courts
[49:54.400 --> 49:57.400]  That's fiscal misconduct
[49:57.400 --> 50:06.400]  Take the complaint to your local prosecuting attorney and get him to refuse to accept it
[50:06.400 --> 50:15.400]  And then you charge the prosecuting attorney with obstruction of justice and shielding from prosecution
[50:15.400 --> 50:27.400]  All of the states were encouraged, I think in the mid-60s, around 65, to adopt a version of the model federal criminal complaints
[50:27.400 --> 50:35.400]  They had a team put together a model criminal code and penal code
[50:35.400 --> 50:42.400]  So that a person could move from one state to another state and be relatively comfortable
[50:42.400 --> 50:49.400]  Of knowing when they were violating law, when they weren't, so that in this way the laws are consistent
[50:49.400 --> 50:52.400]  So all of the states will be pretty close
[50:52.400 --> 50:56.400]  If you're in a commonwealth, it sometimes gets a little dicey
[50:56.400 --> 51:01.400]  Because the nature of the law is not based on the Spanish law, it's somewhat different
[51:01.400 --> 51:06.400]  But it's relatively consistent based on the requirements of the Constitution
[51:06.400 --> 51:13.400]  And every state that I've looked at except New Mexico has an official misconduct charge
[51:13.400 --> 51:20.400]  Find it, make the accusation against the judge to the prosecutor
[51:20.400 --> 51:25.400]  And when he refuses to act on it, then you take a complaint against the prosecutor
[51:25.400 --> 51:28.400]  Forget about the judge for the moment
[51:28.400 --> 51:38.400]  But accuse the prosecutor of shielding the judge from prosecution and committing obstruction of justice and misfeasance at office
[51:38.400 --> 51:42.400]  Shielding from prosecution if you have the statute
[51:42.400 --> 51:47.400]  File that with the judge, highest judge you can find
[51:47.400 --> 51:51.400]  And that judge is going to refuse to act on it
[51:51.400 --> 51:58.400]  Then you file against that judge with the grand jury
[51:58.400 --> 52:05.400]  Now, in some states you're not allowed to go directly to the grand jury, Pennsylvania is one of those
[52:05.400 --> 52:09.400]  You have to go through a prosecutor or through the district judge
[52:09.400 --> 52:15.400]  So you file with a different district judge if you can't go directly to a grand jury
[52:15.400 --> 52:21.400]  Do you have a direct grand jury in Massachusetts?
[52:21.400 --> 52:25.400]  Jim, you there?
[52:25.400 --> 52:27.400]  Sorry about that again
[52:27.400 --> 52:29.400]  Now, okay
[52:29.400 --> 52:33.400]  Do you have a grand jury that sits?
[52:33.400 --> 52:36.400]  I don't know exactly where it sits but I can find that out
[52:36.400 --> 52:42.400]  Okay, and find out if there is a restriction from a citizen presenting a complaint to a grand jury
[52:42.400 --> 52:49.400]  Pennsylvania is the only one that I know of that makes it the exclusive purview of the district judge
[52:49.400 --> 52:54.400]  To determine whether or not a complaint goes to the grand jury
[52:54.400 --> 53:01.400]  If that's the case and the judge doesn't give it to the grand jury, you charge them with obstruction of justice
[53:01.400 --> 53:09.400]  If there is no specific restriction, and most likely there isn't, Pennsylvania is the only one I've found so far
[53:09.400 --> 53:19.400]  Then send it to the prosecutor's address with the name as the foreman of the grand jury
[53:19.400 --> 53:23.400]  Send it certified, restrict it
[53:23.400 --> 53:27.400]  Return receipt, request it
[53:27.400 --> 53:31.400]  In restricted, only the person named can sign
[53:31.400 --> 53:36.400]  They won't even notice the guy in the mail room assigned for it and give it to the prosecuting attorney
[53:36.400 --> 53:39.400]  Let's see, be in a stack of stuff to get
[53:39.400 --> 53:44.400]  And the prosecutor will open it and he'll look at it and he'll say
[53:44.400 --> 53:46.400]  That scoundrel set me up
[53:46.400 --> 53:49.400]  Yes, we did
[53:49.400 --> 53:55.400]  You accuse the judge of shielding the prosecutor from prosecution
[53:55.400 --> 54:00.400]  Now he has the complaint open in his own hand
[54:00.400 --> 54:04.400]  A complaint against him
[54:04.400 --> 54:07.400]  Now he has a problem
[54:07.400 --> 54:16.400]  Because regardless of the validity of the original complaint or the lack of validity of the original complaint
[54:16.400 --> 54:24.400]  Him shielding a complaint against himself from the grand jury is a really big deal
[54:24.400 --> 54:31.400]  So we don't expect to get to the grand jury
[54:31.400 --> 54:39.400]  But to keep you from pushing the prosecutor from the grand jury, they're likely to feed you the low level judge
[54:39.400 --> 54:43.400]  This is how we get politics
[54:43.400 --> 54:47.400]  Chris talked about these two people being arrested
[54:47.400 --> 54:52.400]  The party didn't tell was that the chief of police hated these two guys
[54:52.400 --> 54:58.400]  And the woman who owned the house was good friends with the chief of police
[54:58.400 --> 55:01.400]  Everything is political
[55:01.400 --> 55:07.400]  And the problems these guys have is that there is lots of politics floating around
[55:07.400 --> 55:13.400]  Good chance the prosecutor and even the judge has a number of enemies around
[55:13.400 --> 55:17.400]  Who would like to find something like this to throw at them
[55:17.400 --> 55:20.400]  So this is the routine I suggest
[55:20.400 --> 55:26.400]  And judicious condo complaints, of course, and bar grievances
[55:26.400 --> 55:32.400]  I expect to have a judicious conduct site up within a week
[55:32.400 --> 55:39.400]  Then if you have complaints and I don't have your state up, let me know and I will do my best to get it up
[55:39.400 --> 55:44.400]  Where you can go online, fill out the complaint online and just save the page
[55:44.400 --> 55:49.400]  I'll eventually have it where it will email the page to you as well
[55:49.400 --> 55:52.400]  But you can fill it out online and save it
[55:52.400 --> 55:59.400]  And then just open it in any browser and print it or you can print it directly from online
[55:59.400 --> 56:03.400]  But it will also save one on our system
[56:03.400 --> 56:12.400]  And as I understand from my programmer, the search engines no longer look at keywords very much
[56:12.400 --> 56:17.400]  They pretty well frown on those because people are putting so many keywords
[56:17.400 --> 56:25.400]  In every meta-statement on page headers that is bogging down the search engines
[56:25.400 --> 56:29.400]  So now they're just looking in the titles
[56:29.400 --> 56:31.400]  In every web page it has a header for title
[56:31.400 --> 56:37.400]  When a page comes up and you see the name of what it is up at the top, that's in the title
[56:37.400 --> 56:42.400]  Apparently the search engines are primarily looking at the titles
[56:42.400 --> 56:48.400]  And we will put the judge's name or the attorney's name in the title
[56:48.400 --> 56:53.400]  So if anybody does a search on this judge's name or this attorney's name
[56:53.400 --> 56:58.400]  They'll get a hit right on that complaint against them
[56:58.400 --> 57:03.400]  That's going to give them apoplexy
[57:03.400 --> 57:08.400]  And they're going to get real excited about it and claim that those are secret
[57:08.400 --> 57:17.400]  And if they come to me I'll remind them that this one you're looking at is not signed
[57:17.400 --> 57:24.400]  Because you can't sign it on the web unless you write it on the screen with a sharpie
[57:24.400 --> 57:29.400]  This one that I got, when I got it, it hadn't been filed so it wasn't secret
[57:29.400 --> 57:33.400]  When you file it, in most states it will become secret
[57:33.400 --> 57:37.400]  But that secrecy does not extend to me
[57:37.400 --> 57:40.400]  Because it was public record when I got it
[57:40.400 --> 57:43.400]  And there will be nothing they can do about it
[57:43.400 --> 57:46.400]  They're going to get real excited
[57:46.400 --> 57:51.400]  Because this is something that will truly haunt them
[57:51.400 --> 57:56.400]  So I'm encouraging everybody
[57:56.400 --> 57:58.400]  File complaints, file them often
[57:58.400 --> 58:01.400]  You're the sovereign, they are to follow law
[58:01.400 --> 58:07.400]  If they don't, we get to go in there and kick their butts and make them wish they had
[58:07.400 --> 58:11.400]  And now we have a really powerful tool to get that done
[58:11.400 --> 58:15.400]  Jim, we'll come back to you on the other side and finish up rather quickly
[58:15.400 --> 58:19.400]  So that we can go to this long lot of callers
[58:19.400 --> 58:21.400]  Okay, thank you Jim
[58:21.400 --> 58:26.400]  And this is Randy Kelton, Deborah Stevens, Eddie Craig, Wheel of Law Radio
[58:26.400 --> 58:32.400]  Call lines are open, 512-646-1984
[58:32.400 --> 58:37.400]  Call in if you have a question or a comment
[58:37.400 --> 58:39.400]  And we appreciate all of you listening
[58:39.400 --> 59:00.400]  We'll be right back on the other side
[59:00.400 --> 59:04.400]  The Bible remains the most popular book in the world
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[01:00:00.400 --> 01:00:04.400]  This news brief brought to you by the International News Network
[01:00:04.400 --> 01:00:09.400]  17 people have died in Yemen during the past 9 days in nationwide protests
[01:00:09.400 --> 01:00:13.400]  Against President Ali Abdullah Saleh who says he will not give in
[01:00:13.400 --> 01:00:18.400]  Thousands of demonstrators Friday outside the capital's Sanaa University chanted
[01:00:18.400 --> 01:00:21.400]  The people demand the downfall of the regime
[01:00:21.400 --> 01:00:26.400]  In the southern city of Aden at least 15 protesters were injured
[01:00:26.400 --> 01:00:30.400]  A suicide bomb on Thursday killed 11 people commemorating the birth
[01:00:30.400 --> 01:00:34.400]  Of the Muslim prophet Mohammed in the western Iraqi city of Ramadi
[01:00:34.400 --> 01:00:40.400]  18 people were wounded including the deputy governor of Anbar province
[01:00:40.400 --> 01:00:46.400]  An official study on wartime contracting Thursday found criminal behavior and blatant corruption
[01:00:46.400 --> 01:00:51.400]  Have been responsible for much of the waste related to the nearly 200 billion dollars
[01:00:51.400 --> 01:00:58.400]  Spent since 2002 on US reconstruction and other projects in Iraq and Afghanistan
[01:00:58.400 --> 01:01:05.400]  An official study on wartime contracting found losses to fraud alone could be as high as 12 billion dollars
[01:01:05.400 --> 01:01:09.400]  Despite threats by Libyan dictator Muammar Gaddafi
[01:01:09.400 --> 01:01:14.400]  Thousands Friday took to the streets of the capital Tripoli, Gaddafi's stronghold
[01:01:14.400 --> 01:01:18.400]  2,000 people are believed to have been killed and thousands more injured
[01:01:18.400 --> 01:01:25.400]  Much of eastern Libya has been taken by rebel forces who also control the western cities of Misrata and Zawara
[01:01:25.400 --> 01:01:30.400]  Protesters and Air Force personnel who have renounced Gaddafi overwhelmed a nearby military base
[01:01:30.400 --> 01:01:35.400]  Where Gaddafi loyalists were taking refuge and disabled Air Force fighters parked there
[01:01:35.400 --> 01:01:39.400]  Soldiers helped protesters take the oil terminal in the town of Berger
[01:01:39.400 --> 01:01:42.400]  People's committees are governing regions under rebel control
[01:01:42.400 --> 01:01:48.400]  And rebels are arming themselves with weapons either seized from Gaddafi or brought in from Egypt
[01:01:48.400 --> 01:01:55.400]  They've also organized convoys to provide safe transit for foreign journalists entering Libya from Egypt
[01:01:55.400 --> 01:02:01.400]  Republicans in the Wisconsin Assembly Friday hastily passed a measure to strip collective bargaining rights
[01:02:01.400 --> 01:02:04.400]  From most public workers in the pre-dawn hours
[01:02:04.400 --> 01:02:10.400]  The bill went to the state senate but senate minority democrats have fled to Illinois to stop a vote from happening
[01:02:10.400 --> 01:02:14.400]  Tens of thousands of people have jammed the capital since last week in protest
[01:02:14.400 --> 01:02:20.400]  Pounding drums and chanting so loudly that police providing security are wearing earplugs
[01:02:26.400 --> 01:02:28.400]  Hundreds are now sleeping in the building overnight
[01:02:28.400 --> 01:02:34.400]  Despite the overwhelming turnout against the bill, Governor Scott Walker has refused to talk to protesters
[01:02:34.400 --> 01:02:40.400]  Yet he fielded a phone call this week from a blogger pretending to be his political backer, billionaire David Koch
[01:02:40.400 --> 01:02:44.400]  100,000 protesters are expected to flood Madison this weekend
[01:02:44.400 --> 01:03:11.400]  Walker has threatened to begin mass layoffs if the measure is not passed by today
[01:03:14.400 --> 01:03:24.400]  It's all according to the will of the Almighty
[01:03:24.400 --> 01:03:32.400]  I read his book and it says he cares not for the unsightly
[01:03:32.400 --> 01:03:39.400]  These warmongers come by that term rightly
[01:03:39.400 --> 01:03:46.400]  I won't pay for the war with my body
[01:03:46.400 --> 01:03:49.400]  Ain't gonna pay for the car with my money
[01:03:49.400 --> 01:03:52.400]  I won't pay for the fun with my body
[01:03:52.400 --> 01:03:56.400]  Their plans wicked and their logic shoddy
[01:03:56.400 --> 01:03:59.400]  Ain't gonna pay for the oil with my body
[01:03:59.400 --> 01:04:03.400]  I won't pay for the boys with my money
[01:04:03.400 --> 01:04:06.400]  Ain't gonna pay for the kids with my body
[01:04:06.400 --> 01:04:10.400]  The whole agenda smells funny
[01:04:10.400 --> 01:04:37.400]  I wanna fight in a war of my own
[01:04:37.400 --> 01:04:41.400]  I am going before a judge because I appealed it
[01:04:41.400 --> 01:04:47.400]  So this 9-11, I mean, false 911 call is going to be going before a judge
[01:04:47.400 --> 01:04:52.400]  Now, what happens with that case? Should I just do it like normal?
[01:04:52.400 --> 01:04:55.400]  Do I have to do anything different with that case or what?
[01:04:55.400 --> 01:04:58.400]  Okay, you're filing a criminal accusation?
[01:04:58.400 --> 01:05:01.400]  Yeah, I got here from someone who...
[01:05:01.400 --> 01:05:07.400]  I don't know, it was that magistrate that gave me a problem that you were just talking about
[01:05:07.400 --> 01:05:11.400]  Yeah, file complaints against him
[01:05:11.400 --> 01:05:16.400]  A judicial conduct complaint against him just for yucks
[01:05:16.400 --> 01:05:23.400]  They need to become more afraid of us than we are of them
[01:05:23.400 --> 01:05:27.400]  So if he does something you don't like, file a judicial conduct complaint against him
[01:05:27.400 --> 01:05:30.400]  It'll raise his bond rating
[01:05:30.400 --> 01:05:34.400]  And maybe you'll get to wipe a little of his arrogance off his face
[01:05:34.400 --> 01:05:35.400]  Okay
[01:05:35.400 --> 01:05:41.400]  And then if you're going before another judge, you really need a criminal complaint complete
[01:05:41.400 --> 01:05:48.400]  And an affidavit of probable cause in the form of a statement of facts
[01:05:48.400 --> 01:05:51.400]  I have to get that affidavit of probable cause or get that at the court?
[01:05:51.400 --> 01:05:53.400]  No, no, no, you just write out a statement
[01:05:53.400 --> 01:05:54.400]  Oh, okay
[01:05:54.400 --> 01:06:00.400]  You write out a statement of facts and take it to a notary and have it notarized
[01:06:00.400 --> 01:06:03.400]  I did that the first time with the magistrate
[01:06:03.400 --> 01:06:06.400]  Okay, then you had all of that, so you had everything
[01:06:06.400 --> 01:06:09.400]  Did you have a criminal complaint?
[01:06:09.400 --> 01:06:12.400]  Well, I filed a complaint, yeah, yeah
[01:06:12.400 --> 01:06:14.400]  Okay, now wait a minute
[01:06:14.400 --> 01:06:20.400]  You need a criminal complaint in the form that's used by the jurisdiction
[01:06:20.400 --> 01:06:26.400]  You need it filled out, completed, signed before a notary and verified
[01:06:26.400 --> 01:06:29.400]  You put that in the judge's hand
[01:06:29.400 --> 01:06:34.400]  That's different than complaining
[01:06:34.400 --> 01:06:38.400]  That absolutely invokes his duty
[01:06:38.400 --> 01:06:42.400]  And you don't care if he wants to hold an examining trial or not
[01:06:42.400 --> 01:06:44.400]  That is his duty
[01:06:44.400 --> 01:06:49.400]  If he fails to do it, you don't care why he failed to do it
[01:06:49.400 --> 01:06:50.400]  You just file against him
[01:06:50.400 --> 01:06:53.400]  He may have a really good reason
[01:06:53.400 --> 01:06:56.400]  Yeah, tell it to the judge, Bubba
[01:06:56.400 --> 01:07:00.400]  Tell it to the Judiconda complaint or the grand jury
[01:07:00.400 --> 01:07:05.400]  I'm sure if you have a good explanation, they won't indict you
[01:07:05.400 --> 01:07:10.400]  Do the same thing to them they do to us
[01:07:10.400 --> 01:07:11.400]  Okay
[01:07:11.400 --> 01:07:12.400]  Okay, well, thank you
[01:07:12.400 --> 01:07:13.400]  Thank you for your help
[01:07:13.400 --> 01:07:14.400]  You are most welcome
[01:07:14.400 --> 01:07:16.400]  Now we're going to move ahead
[01:07:16.400 --> 01:07:20.400]  We're going to go to Steve in Texas
[01:07:20.400 --> 01:07:25.400]  Now we'll get someone who actually speaks English and not that strange foreign dialect
[01:07:25.400 --> 01:07:30.400]  Actually, I speak Spanglish
[01:07:30.400 --> 01:07:33.400]  Oh, Spanglish, okay, that'll work
[01:07:33.400 --> 01:07:35.400]  Yeah, broken Spanish
[01:07:35.400 --> 01:07:38.400]  My mom used to go in the closet and speak Spanish to our grandmother
[01:07:38.400 --> 01:07:43.400]  I tell my older brother, why are you going there to speak Spanish to her and never to us?
[01:07:43.400 --> 01:07:48.400]  Because you're an American, you're going to learn how to speak English
[01:07:48.400 --> 01:07:49.400]  That way
[01:07:49.400 --> 01:07:50.400]  See, I've got two questions
[01:07:50.400 --> 01:07:53.400]  One directed towards you, Randy, I mean towards Eddie
[01:07:53.400 --> 01:07:57.400]  And then one towards Randy, but either one you probably know
[01:07:57.400 --> 01:07:58.400]  It's pretty simple
[01:07:58.400 --> 01:08:00.400]  Number one, I'm getting evicted
[01:08:00.400 --> 01:08:01.400]  Got three-day notice
[01:08:01.400 --> 01:08:03.400]  Never been evicted
[01:08:03.400 --> 01:08:07.400]  It'll be 52 in March and at least I can't remember when
[01:08:07.400 --> 01:08:09.400]  And then my dad's own house is all his life
[01:08:09.400 --> 01:08:12.400]  And then when he passed away, finally it was blank
[01:08:12.400 --> 01:08:17.400]  So I never really participated too much in this area, although I was aware of it
[01:08:17.400 --> 01:08:21.400]  And then number two, I want to go into the court on these warrants that I have
[01:08:21.400 --> 01:08:23.400]  They keep getting nasty letters
[01:08:23.400 --> 01:08:28.400]  And now one of them's the header on it is MSB
[01:08:28.400 --> 01:08:32.400]  Whatever that stands for, mother, sister, brother, I don't know
[01:08:32.400 --> 01:08:37.400]  Anyways, I want to go in there and ask for, what do you call it?
[01:08:37.400 --> 01:08:42.400]  What you might do to my community service or whatever, just so I can stop that warrant
[01:08:42.400 --> 01:08:44.400]  And compound question on that one
[01:08:44.400 --> 01:08:47.400]  If I can do that and pay it at the same time
[01:08:47.400 --> 01:08:51.400]  But the last time I tried to go into the court several months ago, the clerk said
[01:08:51.400 --> 01:08:58.400]  Oh, well, you can't ask for any more time or consolidation of payments or what have you
[01:08:58.400 --> 01:09:00.400]  Because we're not doing that anymore
[01:09:00.400 --> 01:09:03.400]  I said, you know, there's something wrong with this, and I started listening to y'all
[01:09:03.400 --> 01:09:05.400]  So I got my recording advice and I'm going to go in on Monday
[01:09:05.400 --> 01:09:08.400]  So I'm going to get plucked out of my house
[01:09:08.400 --> 01:09:12.400]  And then come back out of jail within about 10 days
[01:09:12.400 --> 01:09:14.400]  Because you're worth about $100 a day in there
[01:09:14.400 --> 01:09:16.400]  And it's upwards of a grand now
[01:09:16.400 --> 01:09:20.400]  So I'll come back and find out I have no home while I'm trying to fight this eviction
[01:09:20.400 --> 01:09:22.400]  And that's pretty much it
[01:09:22.400 --> 01:09:24.400]  I can go off the line and listen
[01:09:24.400 --> 01:09:27.400]  Okay, well, what was your question?
[01:09:27.400 --> 01:09:30.400]  Kind of bombarded you, huh?
[01:09:30.400 --> 01:09:32.400]  Well, on the eviction notice
[01:09:32.400 --> 01:09:36.400]  Well, it says I got until tomorrow to get out
[01:09:36.400 --> 01:09:38.400]  What is the nature of the eviction?
[01:09:38.400 --> 01:09:43.400]  That I haven't been able to pay on time for quite some time, and it's true
[01:09:43.400 --> 01:09:46.400]  Is this a foreclosure or is this rent?
[01:09:46.400 --> 01:09:48.400]  I think it's rent
[01:09:48.400 --> 01:09:51.400]  Okay, there's probably not much you can do about that one
[01:09:51.400 --> 01:09:57.400]  Is there any way because I mean I have to be out tomorrow if that's what she wrote in her letter?
[01:09:57.400 --> 01:10:03.400]  Yeah, well, what will happen is, did the people you're renting from send you that letter?
[01:10:03.400 --> 01:10:08.400]  Yeah, it's a private. Yeah, it's not a company or a real estate management company
[01:10:08.400 --> 01:10:15.400]  Okay, what they will have to do now, if you don't vacate, that's an order to vacate
[01:10:15.400 --> 01:10:16.400]  Yeah
[01:10:16.400 --> 01:10:21.400]  Then they'll have to go to the court for an eviction hearing
[01:10:21.400 --> 01:10:22.400]  Yes, sir
[01:10:22.400 --> 01:10:27.400]  And then once you have the eviction hearing, then the sheriff will give you
[01:10:27.400 --> 01:10:32.400]  Actually, the court will tell you how much time you have
[01:10:32.400 --> 01:10:35.400]  Will it have to appear and how long does that take?
[01:10:35.400 --> 01:10:38.400]  Well, it depends on how soon they can get into court
[01:10:38.400 --> 01:10:40.400]  That's probably going to take a while
[01:10:40.400 --> 01:10:43.400]  I'm trying to resolve it now and hopefully money talks
[01:10:43.400 --> 01:10:56.400]  Yeah, but maybe the renter, the rentee, renter, if you have violated your rental agreement with them, they don't have to accept payment
[01:10:56.400 --> 01:10:58.400]  And if she does?
[01:10:58.400 --> 01:11:01.400]  If she does, everything stops
[01:11:01.400 --> 01:11:03.400]  Good
[01:11:03.400 --> 01:11:11.400]  If she accepts partial payment, everything stops unless she writes a contract to the contrary
[01:11:11.400 --> 01:11:17.400]  She did, she was nice enough to let me pay half the rent on a weekly basis
[01:11:17.400 --> 01:11:20.400]  Then I ate some bad fish about a month ago and screwed that up
[01:11:20.400 --> 01:11:23.400]  I was staring at the wall for four days with food poisoning
[01:11:23.400 --> 01:11:26.400]  Then we got snowed in and then it just was a law
[01:11:26.400 --> 01:11:30.400]  I'm in the entertainment business downtown and I feed musicians for a living
[01:11:30.400 --> 01:11:33.400]  So it just got, we hit a lull, but now it's fixing to jump
[01:11:33.400 --> 01:11:38.400]  And I just don't want my wings to get clipped because I can take care of all this in short order
[01:11:38.400 --> 01:11:44.400]  If you can get her some money and if she'll accept it, then she can't do an eviction
[01:11:44.400 --> 01:11:47.400]  Yeah, prayer has been answered
[01:11:47.400 --> 01:11:53.400]  Are your tickets, are your tickets for the most part misdemeanor or classy misdemeanors?
[01:11:53.400 --> 01:11:56.400]  Oh man, I got one in the mail, MSB today
[01:11:56.400 --> 01:12:01.400]  And this one, before they were from the city with the heading on the page and now this one's from MSB
[01:12:01.400 --> 01:12:03.400]  What are the nature of the complaints?
[01:12:03.400 --> 01:12:10.400]  Oh, one, yeah, one is no inspection, $328, another one speeding, $250
[01:12:10.400 --> 01:12:16.400]  It's kind of disconcerting there because no inspection is way more than the speeding ticket
[01:12:16.400 --> 01:12:18.400]  Yeah, that's it, they're in their warrant
[01:12:18.400 --> 01:12:21.400]  Did you get inspection sticker?
[01:12:21.400 --> 01:12:24.400]  No, that car got repossessed
[01:12:24.400 --> 01:12:26.400]  It's gone, you didn't have the car
[01:12:26.400 --> 01:12:27.400]  Oh, okay
[01:12:27.400 --> 01:12:36.400]  Was it repossessed within 10 days or 20 days or however long your state gives you to rectify the problem from the day the citation was issued?
[01:12:36.400 --> 01:12:43.400]  I lost it, I'm sorry, I lost the ticket, it was on my refrigerator and it went under
[01:12:43.400 --> 01:12:47.400]  And by the time I found out it was a year later and that's been two years since
[01:12:47.400 --> 01:12:48.400]  Oh, okay
[01:12:48.400 --> 01:12:51.400]  Yeah, it's just, yeah, so
[01:12:51.400 --> 01:12:53.400]  Okay, you probably don't have much
[01:12:53.400 --> 01:12:54.400]  Their warrants
[01:12:54.400 --> 01:12:56.400]  Yeah, you won't get much slack on that one
[01:12:56.400 --> 01:12:57.400]  You can
[01:12:57.400 --> 01:13:01.400]  But are you going to talk to the judge and they're going to ask for like community service or
[01:13:01.400 --> 01:13:06.400]  Well, what you can do is petition the court for a show cause hearing
[01:13:06.400 --> 01:13:14.400]  And tell the court that it was an honest mistake, you lost the ticket, you forgot about it
[01:13:14.400 --> 01:13:19.400]  Get them to drop the warrant and agree to take plea agreement
[01:13:19.400 --> 01:13:22.400]  They don't want you in jail, don't help them a bit
[01:13:22.400 --> 01:13:26.400]  Yeah, you know they can only fit so many carcasses in there at once
[01:13:26.400 --> 01:13:32.400]  Yeah, well it costs them, they have to pay you a hundred bucks a day and it costs them that much to hold you
[01:13:32.400 --> 01:13:34.400]  So they'd rather work out something different
[01:13:34.400 --> 01:13:39.400]  I think they can always squeeze so many bodies through that court in that blue room in a day
[01:13:39.400 --> 01:13:43.400]  And they don't want you there overnight cause I know that they got to be crowded by now
[01:13:43.400 --> 01:13:50.400]  I'm hearing somewhere 20% of the population gets tickets, 40% of them or something like that
[01:13:50.400 --> 01:13:52.400]  Can't even pay them
[01:13:52.400 --> 01:13:54.400]  That's going to get worse
[01:13:54.400 --> 01:13:56.400]  Okay, we really need to move along, we've got lots to call it
[01:13:56.400 --> 01:13:58.400]  Thank you very much, appreciate you guys
[01:13:58.400 --> 01:13:59.400]  Okay, thank you
[01:13:59.400 --> 01:14:03.400]  Okay, now we're going to go to Wayne in California
[01:14:03.400 --> 01:14:05.400]  Wayne, what's on your mind tonight?
[01:14:05.400 --> 01:14:08.400]  How are you doing? Good
[01:14:08.400 --> 01:14:15.400]  I was pulled over a while back just about a couple weeks ago
[01:14:15.400 --> 01:14:23.400]  And I'm not from California, I'm from Missouri and was out visiting my family
[01:14:23.400 --> 01:14:34.400]  And anyways, the cop, I don't have a license and I don't want a license
[01:14:34.400 --> 01:14:38.400]  And so basically asked for a license and said I don't have it
[01:14:38.400 --> 01:14:46.400]  And anyways they took me out of the car and did their thing and then they said
[01:14:46.400 --> 01:14:54.400]  They took me and handcuffed me and took me down and made me or basically said
[01:14:54.400 --> 01:15:00.400]  Either we're going to force you to get a blood test or you quote consent
[01:15:00.400 --> 01:15:10.400]  And I said this is videoed and I said okay, well then I will consent under distress
[01:15:10.400 --> 01:15:16.400]  And I said that, I said that when they were doing the blood test and this and that
[01:15:16.400 --> 01:15:21.400]  But anyways, I haven't even got a case number yet
[01:15:21.400 --> 01:15:30.400]  I've filed four papers so far, affidavit of truth, declaration of standing
[01:15:30.400 --> 01:15:35.400]  And acceptance of their oath and a notice of default to the prosecutor
[01:15:35.400 --> 01:15:38.400]  Okay, if you're doing this accepted for value stuff
[01:15:38.400 --> 01:15:41.400]  You may as well step back right now and shoot yourself in the head
[01:15:41.400 --> 01:15:44.400]  What's that now?
[01:15:44.400 --> 01:15:49.400]  I said if you're going to try to do this accepted for value stuff in relation to this ticket
[01:15:49.400 --> 01:15:55.400]  Just step back now and shoot yourself in the head because that's how it's going to wind up
[01:15:55.400 --> 01:15:57.400]  Don't do that
[01:15:57.400 --> 01:16:02.400]  California law all by itself makes it very clear everything they did was illegal
[01:16:02.400 --> 01:16:08.400]  Unless, my first question on what you're telling me is why did they want blood?
[01:16:08.400 --> 01:16:15.400]  What gave them any probable cause to determine they needed a sample of your blood?
[01:16:15.400 --> 01:16:18.400]  Well they asked me if I'd been drinking
[01:16:18.400 --> 01:16:20.400]  To which you replied
[01:16:20.400 --> 01:16:22.400]  I said yes and I said I
[01:16:22.400 --> 01:16:24.400]  There's your mistake
[01:16:24.400 --> 01:16:27.400]  Don't ever do that
[01:16:27.400 --> 01:16:33.400]  Well I understand and that's a done deal but it's
[01:16:33.400 --> 01:16:35.400]  What do you suggest from here?
[01:16:35.400 --> 01:16:38.400]  Hang on just a minute and we'll cover that on the other side of the break, okay?
[01:16:38.400 --> 01:16:40.400]  Okay
[01:16:40.400 --> 01:16:42.400]  Alright folks, this is Rule of Law Radio
[01:16:42.400 --> 01:16:44.400]  Randy Kelton, Deborah Stevens, Eddie Craig
[01:16:44.400 --> 01:16:46.400]  We're going to break
[01:16:46.400 --> 01:16:51.400]  We've got two and a half hours left of the show so 512-646-1984 is the call in number
[01:16:51.400 --> 01:16:54.400]  Y'all hang in there, we will be right back
[01:17:00.400 --> 01:17:07.400]  Capital Coin and Bullion is your local source for rare coins, precious metals, and coin supplies in the Austin metro area
[01:17:07.400 --> 01:17:09.400]  We also ship worldwide
[01:17:09.400 --> 01:17:14.400]  We're a family owned and operated business that offers competitive prices on your coin and metals purchases
[01:17:14.400 --> 01:17:20.400]  Because of you Austin, business has been so good that we've had to move to a new and bigger location
[01:17:20.400 --> 01:17:27.400]  We're now located at 7304 Burnett Road Suite A, 1.2 miles north on Burnett from our previous location
[01:17:27.400 --> 01:17:32.400]  We're on the west side of Burnett Road in Stanley Insurance Building on the ground floor
[01:17:32.400 --> 01:17:35.400]  Next to the Ishuban Sushi and the Genie Car Wash
[01:17:35.400 --> 01:17:39.400]  We're open Monday through Friday 10 to 6, Saturdays 10 to 5
[01:17:39.400 --> 01:17:44.400]  You're welcome to stop in during regular business hours or call 512-646-6440
[01:17:44.400 --> 01:17:50.400]  Ask for Chad or Becky and say that you heard about us on Rule of Law Radio or Texas Liberty Radio
[01:17:50.400 --> 01:17:59.400]  That's Capital Coin and Bullion at our new location at 7304 Burnett Road Suite A or call 512-646-6440
[01:17:59.400 --> 01:18:04.400]  My name is Randall Kelton and I co-host on Rule of Law Radio
[01:18:04.400 --> 01:18:09.400]  We specialize in showing people how to strike back against corrupt public officials
[01:18:09.400 --> 01:18:15.400]  With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders
[01:18:15.400 --> 01:18:20.400]  If you have a mortgage or have paid yours off, you have probably been cheated out of thousands
[01:18:20.400 --> 01:18:22.400]  But there is a remedy
[01:18:22.400 --> 01:18:36.400]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the consumer protection laws to recover what the lenders have stolen through fraud and deception
[01:18:36.400 --> 01:18:43.400]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime
[01:18:43.400 --> 01:18:47.400]  Lender fraud is bankrupting this country and it's time to fight back
[01:18:47.400 --> 01:19:00.400]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the money changers in their tracks
[01:19:00.400 --> 01:19:25.400]  Ain't gonna blind me, don't fool me, ain't gonna fool me with that same old trick again
[01:19:25.400 --> 01:19:30.400]  I was blindsided but now I can see your plan
[01:19:30.400 --> 01:19:35.400]  You put the fear in my pocket, took the money from my hand
[01:19:35.400 --> 01:19:44.400]  Ain't gonna fool me with that same old trick again
[01:19:44.400 --> 01:20:00.400]  Ain't gonna fool me
[01:20:00.400 --> 01:20:05.400]  Ain't gonna drive me with that same old sucker punch
[01:20:05.400 --> 01:20:10.400]  I get it now but then I must have been out of love
[01:20:10.400 --> 01:20:15.400]  Back then you had room to move but now you're feeling the ground
[01:20:15.400 --> 01:20:43.400]  Ain't gonna get me with that same old trick again
[01:20:46.400 --> 01:20:49.400]  Shut up, shut up and keep shutting up
[01:20:49.400 --> 01:20:53.400]  That's the rule of thumb
[01:20:53.400 --> 01:20:57.400]  Now, as far as the blood sample and all this other stuff
[01:20:57.400 --> 01:21:00.400]  What is it you're wanting help with here?
[01:21:00.400 --> 01:21:04.400]  Well what I want to know is a couple things
[01:21:04.400 --> 01:21:15.400]  On, you know, did they, you know, I invoked my Miranda rights or basically said I want my fifth, fourth, fifth
[01:21:15.400 --> 01:21:18.400]  And they just ignored me
[01:21:18.400 --> 01:21:22.400]  Well of course they ignored you, you already made a voluntary statement that gave them probable cause
[01:21:22.400 --> 01:21:29.400]  Well I told them before that but I didn't stick to it, that was my problem, that was my fault
[01:21:29.400 --> 01:21:34.400]  No, I had evoked my Miranda rights at the very beginning
[01:21:34.400 --> 01:21:39.400]  And, but I didn't, you know, I didn't stick to it, that was my fault
[01:21:39.400 --> 01:21:46.400]  But they didn't, they basically ignored what I was saying anyway so I said I need to have counsel present
[01:21:46.400 --> 01:21:47.400]  Okay, so again, once you-
[01:21:47.400 --> 01:21:51.400]  Whoa, hold on, hold on, did you say you needed to have counsel present?
[01:21:51.400 --> 01:21:53.400]  Yes I did
[01:21:53.400 --> 01:21:57.400]  That changes everything
[01:21:57.400 --> 01:22:03.400]  When you, what they call lawyer up, they have to stop questioning you
[01:22:03.400 --> 01:22:07.400]  Everything after that falls under the Miranda
[01:22:07.400 --> 01:22:16.400]  Okay, well that's what I said, I want my fifth amendment rights, fourth, fifth, and ninth amendment rights
[01:22:16.400 --> 01:22:23.400]  And my first, well my first one, and they said I said, and they just, they said get out of the car
[01:22:23.400 --> 01:22:34.400]  And I said I need my counsel present, and they said go over and sit down on this concrete thing, on the sidewalk
[01:22:34.400 --> 01:22:48.400]  And then they questioned me and that's when I said, I said that, and they said what, do you want to take a breath test or a blood test?
[01:22:48.400 --> 01:22:59.400]  I said I'm taking neither, I consent to nothing, and then they basically took me down, you know, they handcuffed me, took me down
[01:22:59.400 --> 01:23:09.400]  And then towed my car and took me down there, and then I had seven of the thugs over there
[01:23:09.400 --> 01:23:17.400]  And they, you know, brought in a strapped chair and said, you know, we will force you if you do not consent
[01:23:17.400 --> 01:23:25.400]  We will, you know, and I said, so that's when I did that under distress
[01:23:25.400 --> 01:23:29.400]  But anyways, that was the situation
[01:23:29.400 --> 01:23:31.400]  Okay, what's your question?
[01:23:31.400 --> 01:23:41.400]  Well, my question is, you know, I've listened to you on kidnapping and I know there's a, that's what they did basically
[01:23:41.400 --> 01:23:52.400]  They said go before a magistrate, is there a law and like the same thing in California as there is over in Texas?
[01:23:52.400 --> 01:24:00.400]  Actually, one of the primary controlling cases of City of Riverside versus McLaughlin
[01:24:00.400 --> 01:24:01.400]  Okay
[01:24:01.400 --> 01:24:11.400]  Riverside versus McLaughlin said they must get you before a magistrate within 48 hours and then that's since been lowered to 24
[01:24:11.400 --> 01:24:12.400]  Okay
[01:24:12.400 --> 01:24:14.400]  And that's a California case
[01:24:14.400 --> 01:24:15.400]  Okay
[01:24:15.400 --> 01:24:23.400]  And the problem with it is, is when you read City of Riverside v. McLaughlin
[01:24:23.400 --> 01:24:34.400]  It's, what it went to is, it didn't grant them 48 hours, it went to prima facie
[01:24:34.400 --> 01:24:44.400]  If they get you to a magistrate within 48 hours, on the face of it, the taking was timely
[01:24:44.400 --> 01:24:54.400]  And the complainant, if you raise an issue, must show that they could have gotten you to a magistrate much sooner
[01:24:54.400 --> 01:25:01.400]  If it's over 48 hours, then the presumption is that the timing, the taking was not timely
[01:25:01.400 --> 01:25:09.400]  And you don't have to prove that they could have gotten you to someone sooner, they have to prove that they couldn't
[01:25:09.400 --> 01:25:13.400]  That's all that time limit goes to
[01:25:13.400 --> 01:25:17.400]  There is no set time limit
[01:25:17.400 --> 01:25:24.400]  They must get you to the nearest magistrate and I understand you didn't get before one at all?
[01:25:24.400 --> 01:25:31.400]  No, well I had to post bail and I haven't been before anybody
[01:25:31.400 --> 01:25:41.400]  I can't even get my, I don't have a case number and I can't get my police report
[01:25:41.400 --> 01:25:45.400]  When did they stop you originally?
[01:25:45.400 --> 01:25:49.400]  I forgot to turn my headlights on
[01:25:49.400 --> 01:25:58.400]  So when the officer, I don't mean to interrupt you, when the officer pulled me over, I was totally unaware why he pulled me over
[01:25:58.400 --> 01:26:03.400]  And then he came up to my window and I said, so what's the problem officer?
[01:26:03.400 --> 01:26:11.400]  He said, your lights are off and I said, oh thank you officer, so can I go now?
[01:26:11.400 --> 01:26:15.400]  He said, no you broke in a while, I said, oh really?
[01:26:15.400 --> 01:26:18.400]  And then he said, I need to see your license
[01:26:18.400 --> 01:26:22.400]  Okay, okay, okay, we don't need to go through all that
[01:26:22.400 --> 01:26:28.400]  Is your vehicule, does it have any kind of plates on it at all?
[01:26:28.400 --> 01:26:29.400]  Yeah
[01:26:29.400 --> 01:26:32.400]  What state are those plates out of?
[01:26:32.400 --> 01:26:34.400]  It's out of California
[01:26:34.400 --> 01:26:42.400]  Oh, oh so you were in a vehicle that was licensed in California, you just didn't have a driver's license?
[01:26:42.400 --> 01:26:54.400]  Well yeah, I used to live here a couple years ago and I bought a car out here and my mom put it in her name
[01:26:54.400 --> 01:27:01.400]  And so that's one of the reasons why I came out here was to pay, you know, go take the car back to Missouri
[01:27:01.400 --> 01:27:04.400]  I was trying to get to jurisdiction
[01:27:04.400 --> 01:27:05.400]  Right
[01:27:05.400 --> 01:27:08.400]  If you had expired Missouri plates on your car
[01:27:08.400 --> 01:27:09.400]  Right
[01:27:09.400 --> 01:27:13.400]  That's not probable cause for them to stop you
[01:27:13.400 --> 01:27:26.400]  I was stopped once in Texas in 1996 and I had 1992 plates, Illinois plates on my van that I hadn't driven for ten years
[01:27:26.400 --> 01:27:32.400]  And the officer said, aren't those plates expired? As a matter of fact they are
[01:27:32.400 --> 01:27:39.400]  But as I understand, you can't cite me for violating an Illinois law
[01:27:39.400 --> 01:27:47.400]  He said, you're right about that, but if I see that car again without Texas plates I can cite you for violating the Texas law
[01:27:47.400 --> 01:27:49.400]  Fair enough
[01:27:49.400 --> 01:27:56.400]  So that was where I was trying to go to, but if it had California plates we don't get the jurisdiction issue
[01:27:56.400 --> 01:28:01.400]  And if you admitted to drinking you gave them probable cause
[01:28:01.400 --> 01:28:07.400]  You'll still have the, you may have the magistrate issue, how long were you held in jail?
[01:28:07.400 --> 01:28:13.400]  I was held in jail for eight to ten, about eight to ten hours
[01:28:13.400 --> 01:28:21.400]  Okay, if they were authorized to release you on bail, you may not have an issue there depending on the statutes in California
[01:28:21.400 --> 01:28:29.400]  I'm not that familiar with them, but I do believe that the police are authorized to release you on a preset bail
[01:28:29.400 --> 01:28:34.400]  We have some of that in Texas under 17, 20, 21, 22
[01:28:34.400 --> 01:28:39.400]  Where they don't have, if they can't get you to a magistrate
[01:28:39.400 --> 01:28:45.400]  For certain enumerated offenses, they can accept a standard preset bail
[01:28:45.400 --> 01:28:49.400]  So you may not have that clamp
[01:28:49.400 --> 01:29:00.400]  Okay, so what I wanted to ask is, what do I do to get them to move in the sense of I need my case number
[01:29:00.400 --> 01:29:09.400]  And also I need to, what motion do I file to get the police report?
[01:29:09.400 --> 01:29:13.400]  Okay, that you file a Brady motion
[01:29:13.400 --> 01:29:15.400]  A Brady motion, okay
[01:29:15.400 --> 01:29:19.400]  That's discovery, you can look on jurisimprudence.com
[01:29:19.400 --> 01:29:22.400]  And I didn't know what it was, I saw a Brady motion, okay
[01:29:22.400 --> 01:29:27.400]  Yeah, that's what a Brady is, a Brady is discovery in criminal
[01:29:27.400 --> 01:29:29.400]  Okay
[01:29:29.400 --> 01:29:37.400]  Another thing you need to do is look at criminal procedure in California and see what they're supposed to do with the records
[01:29:37.400 --> 01:29:41.400]  That's a major issue that we bring here in Texas
[01:29:41.400 --> 01:29:43.400]  Okay, we're about to go to break
[01:29:43.400 --> 01:29:45.400]  Hang on, we'll finish up with you on the other side
[01:29:45.400 --> 01:29:47.400]  We've got a full stack of callers
[01:29:47.400 --> 01:29:52.400]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio
[01:29:52.400 --> 01:29:59.400]  We'll be right back
[01:30:22.400 --> 01:30:25.400]  What's black and white and has eyes all over?
[01:30:25.400 --> 01:30:28.400]  It's the latest creepy addition to the Ogden, Utah, police force
[01:30:28.400 --> 01:30:34.400]  And it has frightening powers to observe and track citizens while itself going undetected
[01:30:34.400 --> 01:30:37.400]  I'm Dr. Catherine Albrecht and I'll tell you more in just a moment
[01:30:37.400 --> 01:30:39.400]  Privacy is under attack
[01:30:39.400 --> 01:30:42.400]  When you give up data about yourself, you'll never get it back
[01:30:42.400 --> 01:30:43.400]  Okay, thank you
[01:30:43.400 --> 01:30:44.400]  Thank you
[01:30:44.400 --> 01:30:45.400]  Thank you
[01:30:45.400 --> 01:30:46.400]  Thank you
[01:30:46.400 --> 01:30:47.400]  Thank you
[01:30:47.400 --> 01:30:52.400]  Privacy is under attack
[01:30:47.400 --> 01:30:52.400]  When you give up data about yourself, you'll never get it back again
[01:30:52.400 --> 01:30:57.400]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:30:57.400 --> 01:31:02.400]  So protect your rights, say no to surveillance, and keep your information to yourself
[01:31:02.400 --> 01:31:05.400]  Privacy, it's worth hanging on to
[01:31:05.400 --> 01:31:08.400]  This public service announcement is brought to you by Startpage.com
[01:31:08.400 --> 01:31:12.400]  The private search engine alternative to Google, Yahoo, and Bing
[01:31:12.400 --> 01:31:16.400]  Start over with Startpage
[01:31:16.400 --> 01:31:21.400]  It's a bird, it's a plane, no, it's Big Brother, and he's gotten mighty fat
[01:31:21.400 --> 01:31:24.400]  In fact, he's turned into an unmanned surveillance blimp
[01:31:24.400 --> 01:31:27.400]  And he's scheduled to track and monitor the citizens of Ogden, Utah
[01:31:27.400 --> 01:31:29.400]  When he takes to the sky next year
[01:31:29.400 --> 01:31:32.400]  The 52-foot long airship will be equipped with high-tech cameras
[01:31:32.400 --> 01:31:37.400]  That can watch people like a hawk day and night for only $100 a month
[01:31:37.400 --> 01:31:42.400]  The helium-filled blimp is cigar-shaped and moves silently at speeds of up to 40 miles per hour
[01:31:42.400 --> 01:31:44.400]  At an altitude of 400 feet
[01:31:44.400 --> 01:31:46.400]  It's huge, it's cheap, and it's stealthy
[01:31:46.400 --> 01:31:50.400]  The Belize Department couldn't be prouder of their cool new spying tool
[01:31:50.400 --> 01:31:52.400]  But personally, I think it's full of hot air
[01:31:52.400 --> 01:32:15.400]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com
[01:32:22.400 --> 01:32:29.400]  Okay, we're back.
[01:32:29.400 --> 01:32:33.400]  Brandon Tilton, Deborah Stevens, Eddie Craig, Wheel of Law Radio
[01:32:33.400 --> 01:32:37.400]  We're talking to Wayne in California
[01:32:37.400 --> 01:32:43.400]  And you need to look at the Code of Criminal Procedure
[01:32:43.400 --> 01:32:47.400]  There are procedures that have to be done
[01:32:47.400 --> 01:32:55.400]  In Texas, if you're arrested, they're required to bring you before a magistrate
[01:32:55.400 --> 01:33:00.400]  And then the magistrate, once he holds an examining trial
[01:33:00.400 --> 01:33:07.400]  If he finds probable cause, he's required to seal all the documents had in the hearing
[01:33:07.400 --> 01:33:12.400]  Cause his name to be written across the seal of the envelope
[01:33:12.400 --> 01:33:16.400]  And forward it to the clerk of the court of jurisdiction
[01:33:16.400 --> 01:33:19.400]  And in that envelope, he's required to prepare an order
[01:33:19.400 --> 01:33:25.400]  Showing whether he found probable cause or did not find probable cause
[01:33:25.400 --> 01:33:30.400]  And if he did find probable cause, showing that he set bail or did not set bail
[01:33:30.400 --> 01:33:35.400]  It's essentially an order showing the disposition of the hearing
[01:33:35.400 --> 01:33:38.400]  And if the person was arrested without a warrant
[01:33:38.400 --> 01:33:46.400]  He's required by 1620 of Code of Criminal Procedure to prepare a warrant
[01:33:46.400 --> 01:33:53.400]  Seal them all up in an envelope and send them to the clerk of the court of jurisdiction
[01:33:53.400 --> 01:33:59.400]  It's going to be very similar in California
[01:33:59.400 --> 01:34:05.400]  But I suspect it will also be similar in California in that they don't do that
[01:34:05.400 --> 01:34:11.400]  They leave the records with the sheriff's department or the policing agency
[01:34:11.400 --> 01:34:15.400]  And the policing agency gives them to the prosecutor
[01:34:15.400 --> 01:34:21.400]  And he holds on to them until he decides whether or not he can squeeze you into a deal
[01:34:21.400 --> 01:34:25.400]  If he can't squeeze you into a deal, then he'll file it with the court
[01:34:25.400 --> 01:34:32.400]  If he gets a deal, then he gets his deal and he files the paperwork with the court and files the deal at the same time
[01:34:32.400 --> 01:34:36.400]  So in the meantime, you're in a legal limbo
[01:34:36.400 --> 01:34:41.400]  So you want to look at the procedure if they fail to follow the procedure
[01:34:41.400 --> 01:34:48.400]  Then you say when they fail to follow procedure here, they lost subject matter jurisdiction
[01:34:48.400 --> 01:34:51.400]  You guys are history
[01:34:51.400 --> 01:34:58.400]  It's a hard argument, but you don't have a lot of arguments
[01:34:58.400 --> 01:35:03.400]  Since your lights were out, they had probable cause for the stop
[01:35:03.400 --> 01:35:08.400]  And since you told them you were drinking, they had probable cause
[01:35:08.400 --> 01:35:09.400]  Oh, wait a minute, wait a minute
[01:35:09.400 --> 01:35:18.400]  Did they have any other reason to believe you were intoxicated?
[01:35:18.400 --> 01:35:21.400]  Oh, wait a minute
[01:35:21.400 --> 01:35:23.400]  What I was going to ask is
[01:35:23.400 --> 01:35:24.400]  Sorry, wait, we start beginning
[01:35:24.400 --> 01:35:27.400]  I had you muted, my apologies
[01:35:27.400 --> 01:35:32.400]  Oh, I'm sorry
[01:35:32.400 --> 01:35:39.400]  Well, isn't having my headlights an infraction, which is not a crime?
[01:35:39.400 --> 01:35:43.400]  Well, it's sufficient reasonable probable cause to stop you
[01:35:43.400 --> 01:35:44.400]  Okay, okay
[01:35:44.400 --> 01:35:54.400]  But what I'm asking is how can they, unless they have a reasonable suspicion, go from there all the way to handcuffing me
[01:35:54.400 --> 01:36:01.400]  And throw me in, especially when I ask for counsel
[01:36:01.400 --> 01:36:06.400]  Once you're lawyered up, you can go to unclean hands
[01:36:06.400 --> 01:36:11.400]  Yeah, but the problem is in answering your question was the statement, yes, I've been drinking
[01:36:11.400 --> 01:36:13.400]  Okay
[01:36:13.400 --> 01:36:19.400]  The law is clear that they're not allowed to use that evidence
[01:36:19.400 --> 01:36:23.400]  But in the real world I live in, they just don't care
[01:36:23.400 --> 01:36:24.400]  No, I understand
[01:36:24.400 --> 01:36:26.400]  So it takes a good fight
[01:36:26.400 --> 01:36:28.400]  No, I understand
[01:36:28.400 --> 01:36:31.400]  Now, I wanted to ask one other question
[01:36:31.400 --> 01:36:35.400]  I know you're familiar with Owens v. Independence
[01:36:35.400 --> 01:36:45.400]  And I've already got another case in Arkansas where I didn't give any jurisdiction
[01:36:45.400 --> 01:36:49.400]  I didn't, you know, I didn't do any of that
[01:36:49.400 --> 01:37:01.400]  And I've got a filing of a dismissed, motion to dismiss due to lack of subject matter jurisdiction and all of it
[01:37:01.400 --> 01:37:09.400]  What I was going to do is file that in accordance with my case, the reason why I did not have a license
[01:37:09.400 --> 01:37:15.400]  Due to, because I don't have, I don't need one, you know, there's no, you know
[01:37:15.400 --> 01:37:17.400]  Okay, is that one of the accusations?
[01:37:17.400 --> 01:37:19.400]  Is it necessary to do that at all? I'm sorry
[01:37:19.400 --> 01:37:21.400]  Absolutely, it's necessary
[01:37:21.400 --> 01:37:22.400]  Okay
[01:37:22.400 --> 01:37:25.400]  Don't listen to these people that say, oh, they don't have jurisdiction
[01:37:25.400 --> 01:37:32.400]  And if you file anything in the court, you give them jurisdiction, jurisdiction, nonsense
[01:37:32.400 --> 01:37:33.400]  Right
[01:37:33.400 --> 01:37:37.400]  Well, okay, not exactly nonsense
[01:37:37.400 --> 01:37:48.400]  If you enter into their jurisdiction, you can, but if you file a pleading as opposed to a motion
[01:37:48.400 --> 01:37:54.400]  And the pleading must be a challenge to the jurisdiction and I suggest to everybody
[01:37:54.400 --> 01:38:01.400]  Don't listen to these morons who are telling you not to fight your case because you'll give them jurisdiction
[01:38:01.400 --> 01:38:10.400]  First thing you do is challenge subject matter jurisdiction and then go ahead and fight your case
[01:38:10.400 --> 01:38:16.400]  Nothing else you do after that gives them subject matter jurisdiction if they didn't have it
[01:38:16.400 --> 01:38:23.400]  The only thing that would allow them to move ahead is if you didn't challenge it
[01:38:23.400 --> 01:38:31.400]  No, I understand and that's what I've done in a sense, I've already sent in four documents
[01:38:31.400 --> 01:38:45.400]  Affidated of truth, declaration of standing, asking for their oath of office and then a notice of default
[01:38:45.400 --> 01:38:46.400]  Okay
[01:38:46.400 --> 01:38:51.400]  Wait a minute, what's the notice of default?
[01:38:51.400 --> 01:38:58.400]  Well, I'll go ahead and look it up real quick but it's a notice basically to the attorney
[01:38:58.400 --> 01:39:04.400]  I mean to the prosecuting attorney that I have to, let's see, notice of default
[01:39:04.400 --> 01:39:07.400]  Okay, notice of default is commercial
[01:39:07.400 --> 01:39:17.400]  It's basically it says having appeared especially under threat duress coercion only to protect aggrieved
[01:39:17.400 --> 01:39:22.400]  defendant centers hereby submit this notice of default and three-day notice to cure
[01:39:22.400 --> 01:39:26.400]  Notice is hereby given that a default exists on failure
[01:39:26.400 --> 01:39:28.400]  Okay, hold on, hold on, hold on
[01:39:28.400 --> 01:39:39.400]  How did you get the prosecutor out of the statutory jurisdiction and into the commercial?
[01:39:39.400 --> 01:39:43.400]  Well, I gave him that declaration, I mean the acceptance that he is
[01:39:43.400 --> 01:39:50.400]  How did you get him under contract to you?
[01:39:50.400 --> 01:39:52.400]  What's that? I'm missing what you're asking
[01:39:52.400 --> 01:39:57.400]  How did you get him in a contractual relationship?
[01:39:57.400 --> 01:40:04.400]  You're using the UCC code, UCC code goes to the sale of goods and services
[01:40:04.400 --> 01:40:05.400]  Right
[01:40:05.400 --> 01:40:15.400]  How did you bring him from his statutory position as a prosecutor into the commercial?
[01:40:15.400 --> 01:40:21.400]  You can't get in there, it don't apply
[01:40:21.400 --> 01:40:25.400]  It doesn't automatically, okay, this is the thing these guys are doing
[01:40:25.400 --> 01:40:29.400]  They're sending these commercial documents and of course you're ignoring them
[01:40:29.400 --> 01:40:30.400]  Okay
[01:40:30.400 --> 01:40:38.400]  Because you never established what Debra would call the commercial nexus
[01:40:38.400 --> 01:40:40.400]  He's not asking you to
[01:40:40.400 --> 01:40:45.400]  So what should I send in regards to this to give this some credence?
[01:40:45.400 --> 01:40:48.400]  You can't give it credence, it doesn't have any
[01:40:48.400 --> 01:40:49.400]  Okay
[01:40:49.400 --> 01:40:57.400]  These are laws that were intended to be used in the sale of goods and services
[01:40:57.400 --> 01:41:05.400]  That's what they apply to, you can't take the IRS code and bring it into a traffic case
[01:41:05.400 --> 01:41:12.400]  The only way you would get to where you want to go is if you can show through the method
[01:41:12.400 --> 01:41:15.400]  that the gentleman we had on the show the other night, Harmon Tater brought up
[01:41:15.400 --> 01:41:21.400]  and that is how are you going to show the statutes they're acting under are commercial in nature
[01:41:21.400 --> 01:41:27.400]  so that commercial law would apply to them?
[01:41:27.400 --> 01:41:33.400]  Well yeah, I mean there's all kinds in the criminal code and also in the
[01:41:33.400 --> 01:41:36.400]  No, hold on, hold on
[01:41:36.400 --> 01:41:43.400]  The criminal code is not commercial code until you can find the nexus that joins them together at the hip
[01:41:43.400 --> 01:41:45.400]  You understand that?
[01:41:45.400 --> 01:41:55.400]  They are not night and day until you find the pipe that connects them together so that they share some similarity
[01:41:55.400 --> 01:41:58.400]  That argument's not going to fly
[01:41:58.400 --> 01:42:03.400]  Yes, let me kind of explain where the prosecutor is
[01:42:03.400 --> 01:42:08.400]  You're directing the prosecutor to do a certain thing
[01:42:08.400 --> 01:42:14.400]  and he's saying what duty do I have to do that certain thing?
[01:42:14.400 --> 01:42:17.400]  Show me that duty, I don't know of any duty
[01:42:17.400 --> 01:42:23.400]  And until you can show that duty, he has no responsibility to respond to you
[01:42:23.400 --> 01:42:28.400]  We have a lot of people that like to quote Tweedle
[01:42:28.400 --> 01:42:31.400]  If somebody fails to respond, they call it fraud
[01:42:31.400 --> 01:42:33.400]  Well that's not what Tweedle says
[01:42:33.400 --> 01:42:41.400]  Tweedle says if someone fails to respond when they have a duty to respond, then that's fraud
[01:42:41.400 --> 01:42:49.400]  And they're primarily using Tweedle to try to give credence to this order you give somebody
[01:42:49.400 --> 01:42:54.400]  and demand them to respond to you and if they don't, you move against them for default
[01:42:54.400 --> 01:43:00.400]  Well, if you order me to do something and I have no duty to do it, you can go scratch
[01:43:00.400 --> 01:43:03.400]  You don't get a default because I have no duty
[01:43:03.400 --> 01:43:11.400]  So what duty does the prosecutor have to respond?
[01:43:11.400 --> 01:43:14.400]  That's a question that has to be answered
[01:43:14.400 --> 01:43:21.400]  And so far in these guys promoting the commercial, I've never got a good answer to it
[01:43:21.400 --> 01:43:28.400]  Probably is one, I just hadn't got it yet
[01:43:28.400 --> 01:43:30.400]  I think we've lost it
[01:43:30.400 --> 01:43:36.400]  That's okay, when we come back we're going to go to Brendan in Connecticut
[01:43:36.400 --> 01:43:40.400]  Brendan, we'll be talking to you on the other side
[01:43:40.400 --> 01:43:44.400]  and call Dan Reel telling him to get on, we need to talk to him too
[01:43:44.400 --> 01:43:50.400]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig, Rudy La Radio
[01:43:50.400 --> 01:43:55.400]  Phone lines are open, call us in and ask us some really hard questions
[01:43:55.400 --> 01:44:00.400]  We'll be right back
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[01:46:00.400 --> 01:46:15.400]  Music
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[01:46:42.400 --> 01:46:46.400]  Okay, we're back, we're on the telephone, we've got Steve and Daddy Craig,
[01:46:46.400 --> 01:46:51.400]  rule of law radio, A had an issue he wanted to discuss on the commercial
[01:46:51.400 --> 01:46:54.400]  but I have one thing I wanted to suggest
[01:46:54.400 --> 01:46:59.400]  When a policeman pulls you over and starts asking you questions, they are professionals
[01:46:59.400 --> 01:47:06.400]  They are trained in how to get you to answer their questions whether you want to or not
[01:47:06.400 --> 01:47:10.400]  So I'm going to suggest some practice
[01:47:10.400 --> 01:47:16.400]  If your wife comes in, and in a rather tense and terse tone,
[01:47:16.400 --> 01:47:21.400]  demands something of you, some answer to some question
[01:47:21.400 --> 01:47:24.400]  Try just not speaking
[01:47:24.400 --> 01:47:29.400]  No matter how much you want to, no matter how much you want to let her know how to cow eat your cabbage
[01:47:29.400 --> 01:47:32.400]  Try just keeping your mouth shut
[01:47:32.400 --> 01:47:35.400]  You will be surprised at the responses that you get
[01:47:35.400 --> 01:47:40.400]  And it takes a tremendous amount of will
[01:47:40.400 --> 01:47:44.400]  When someone else is speaking to you and demanding that you answer
[01:47:44.400 --> 01:47:49.400]  In this culture, it's just knee jerk
[01:47:49.400 --> 01:47:55.400]  That if someone asks us something that we answer
[01:47:55.400 --> 01:47:58.400]  Practice not answering people
[01:47:58.400 --> 01:48:01.400]  If the answer is irrelevant, don't make any difference
[01:48:01.400 --> 01:48:06.400]  If you're being asked a rhetorical question and you've got this really sharp retort
[01:48:06.400 --> 01:48:10.400]  Just try saying nothing
[01:48:10.400 --> 01:48:12.400]  Practice
[01:48:12.400 --> 01:48:17.400]  When you get in front of these police officers, that is the best thing you can do
[01:48:17.400 --> 01:48:22.400]  That acts toward them as a pattern interruption
[01:48:22.400 --> 01:48:28.400]  The last one that pulled me over, the only thing I said to him was
[01:48:28.400 --> 01:48:30.400]  Why are you getting so agitated?
[01:48:30.400 --> 01:48:33.400]  I'm not agitated, you're the one that's agitated
[01:48:33.400 --> 01:48:36.400]  You seem to be agitated
[01:48:36.400 --> 01:48:42.400]  He pulled me over for something that wasn't traffic, so he let me go anyway
[01:48:42.400 --> 01:48:45.400]  He got really agitated
[01:48:45.400 --> 01:48:48.400]  Because he kept asking me questions and I just stood there
[01:48:48.400 --> 01:48:53.400]  Questions that were pertinent, I answered
[01:48:53.400 --> 01:49:00.400]  But questions that would go to anything that may harm me, I just didn't answer it
[01:49:00.400 --> 01:49:04.400]  I just acted like he didn't ask it
[01:49:04.400 --> 01:49:08.400]  Practice, it's hard to do that
[01:49:08.400 --> 01:49:15.400]  And if the officer asks you how much marijuana you've got in your glove compartment
[01:49:15.400 --> 01:49:18.400]  Don't say you only got two roaches
[01:49:18.400 --> 01:49:20.400]  Just don't say anything
[01:49:20.400 --> 01:49:22.400]  Anyway, that's all I had to say about that
[01:49:22.400 --> 01:49:28.400]  Eddie wanted to talk about this commercial process
[01:49:28.400 --> 01:49:31.400]  Well, I'm not so sure talk about it is the correct thing
[01:49:31.400 --> 01:49:36.400]  Other than just to say, folks, stop this stuff
[01:49:36.400 --> 01:49:38.400]  It's not helping you
[01:49:38.400 --> 01:49:44.400]  In fact, it is making things for the rest of us that much harder to have to overcome
[01:49:44.400 --> 01:49:48.400]  Why? Because the precedent you set in court
[01:49:48.400 --> 01:49:53.400]  Somebody else has to come along behind you and overcome that judge's opinion
[01:49:53.400 --> 01:50:00.400]  Of anything that's stated that bears any resemblance whatsoever to the thing you ticked him off with
[01:50:00.400 --> 01:50:05.400]  It gives people ideas that don't play into this
[01:50:05.400 --> 01:50:07.400]  It really doesn't
[01:50:07.400 --> 01:50:14.400]  Until you've got a concrete way to link the criminal side to the commercial side
[01:50:14.400 --> 01:50:17.400]  This is a fruitless path to follow
[01:50:17.400 --> 01:50:21.400]  I know you have all these so-called gurus out there telling you
[01:50:21.400 --> 01:50:24.400]  All I've done it for years and it's always worked
[01:50:24.400 --> 01:50:28.400]  And that is hogwash, okay?
[01:50:28.400 --> 01:50:35.400]  If it's worked, it's simply because the court didn't want to put up with the sinkhole of time and money
[01:50:35.400 --> 01:50:39.400]  They would have to spend on dealing with it, all right?
[01:50:39.400 --> 01:50:46.400]  But they're going to eventually reach a point where they're going to slam the next guy that pulls it so hard
[01:50:46.400 --> 01:50:50.400]  His great grandkids are going to have a headache from it
[01:50:50.400 --> 01:50:52.400]  I've got a comment
[01:50:52.400 --> 01:50:53.400]  Go ahead
[01:50:53.400 --> 01:50:56.400]  I have a friend, I won't mention his name without a deference to him
[01:50:56.400 --> 01:51:00.400]  Who has a regular radio show and he has a number of people
[01:51:00.400 --> 01:51:06.400]  That's been on the show for years who do the commercial process
[01:51:06.400 --> 01:51:09.400]  And he says
[01:51:09.400 --> 01:51:15.400]  Although he likes these people and he trusts in their sincerity
[01:51:15.400 --> 01:51:18.400]  In all of the time he has looked at it
[01:51:18.400 --> 01:51:26.400]  He has never ever seen anyone gain any value from it
[01:51:26.400 --> 01:51:32.400]  He says he hears all of these stories about how people did gain benefit from it
[01:51:32.400 --> 01:51:37.400]  But he's never been able to verify it not once
[01:51:37.400 --> 01:51:43.400]  Yeah, which does not in any way, shape or form surprise me
[01:51:43.400 --> 01:51:48.400]  So we are creatures of statute
[01:51:48.400 --> 01:51:51.400]  We're not even creatures of constitution
[01:51:51.400 --> 01:51:54.400]  We're creatures of statute
[01:51:54.400 --> 01:51:59.400]  If these guys want to play under the statutes
[01:51:59.400 --> 01:52:02.400]  I will play with the same rules they're playing with
[01:52:02.400 --> 01:52:07.400]  I'm not going to try to find some new rules to come in and play with
[01:52:07.400 --> 01:52:12.400]  And say, haha, I got a set of rules you don't know about
[01:52:12.400 --> 01:52:14.400]  It doesn't get you much traction
[01:52:14.400 --> 01:52:19.400]  You take their rules and look at how they're using their rules
[01:52:19.400 --> 01:52:23.400]  And you will be astounded
[01:52:23.400 --> 01:52:27.400]  They're screwing up everything
[01:52:27.400 --> 01:52:33.400]  It's much easier and much more effective to take their own rules and statutes
[01:52:33.400 --> 01:52:36.400]  And cram them right down their throats
[01:52:36.400 --> 01:52:43.400]  Than it is to try to come up with some fancy magic bullet from somewhere else
[01:52:43.400 --> 01:52:46.400]  That's my story and I'm sticking to it
[01:52:46.400 --> 01:52:51.400]  Now let's go to Brendan from Connecticut
[01:52:51.400 --> 01:52:52.400]  Hi folks, how's it going?
[01:52:52.400 --> 01:52:54.400]  It's going good
[01:52:54.400 --> 01:52:58.400]  Great, okay, so just to give you a quick background
[01:52:58.400 --> 01:53:03.400]  I had the traffic ticket, went to court, had two motions
[01:53:03.400 --> 01:53:07.400]  Straight forwarded both myself and the prosecutor to do legal briefs
[01:53:07.400 --> 01:53:10.400]  I sent out my two legal briefs
[01:53:10.400 --> 01:53:15.400]  He sent one, he didn't there fight the one with the post-it note
[01:53:15.400 --> 01:53:19.400]  And if nobody knows what that is
[01:53:19.400 --> 01:53:23.400]  Basically I was summoned with a post-it note to court
[01:53:23.400 --> 01:53:26.400]  There was nothing else but a date on the post-it note
[01:53:26.400 --> 01:53:33.400]  But he only sent a brief for the jurisdiction motion that I had
[01:53:33.400 --> 01:53:42.400]  And like I was talking to Randy about the language in his brief
[01:53:42.400 --> 01:53:45.400]  And then I'll let Randy kind of explain this
[01:53:45.400 --> 01:53:47.400]  Basically says, and I'll read it from there
[01:53:47.400 --> 01:53:49.400]  In the state's position that
[01:53:49.400 --> 01:53:51.400]  Well actually I'll read this
[01:53:51.400 --> 01:53:55.400]  The defendant claims that there was no crime charge
[01:53:55.400 --> 01:53:57.400]  That is correct
[01:53:57.400 --> 01:54:03.400]  An infraction and a violation are not crimes per CGS 53A 24
[01:54:03.400 --> 01:54:05.400]  So in other words
[01:54:05.400 --> 01:54:08.400]  He's admitting that it's not a crime, it's a violation
[01:54:08.400 --> 01:54:12.400]  And Randy mentioned that
[01:54:12.400 --> 01:54:14.400]  I don't know the legal terms for it
[01:54:14.400 --> 01:54:16.400]  But he can't go back on that word
[01:54:16.400 --> 01:54:17.400]  And
[01:54:17.400 --> 01:54:21.400]  Yeah, that he is collaterally stopped
[01:54:21.400 --> 01:54:26.400]  Yes, and that the police officer really has no business
[01:54:26.400 --> 01:54:32.400]  Going after these civil violations
[01:54:32.400 --> 01:54:33.400]  Let me explain this
[01:54:33.400 --> 01:54:38.400]  He said this is not criminal and it's not civil
[01:54:38.400 --> 01:54:42.400]  Well if it's not criminal and it's not civil, it's administrative
[01:54:42.400 --> 01:54:47.400]  And as I understand it is the function of the police
[01:54:47.400 --> 01:54:50.400]  To enforce the criminal laws
[01:54:50.400 --> 01:54:56.400]  And the courts enforce the civil rules and statutes
[01:54:56.400 --> 01:55:02.400]  And there are administrative agencies like the FCC and the
[01:55:02.400 --> 01:55:05.400]  Game wardens
[01:55:05.400 --> 01:55:08.400]  All these different administrative issues
[01:55:08.400 --> 01:55:12.400]  Or administrative agencies
[01:55:12.400 --> 01:55:16.400]  That enforce administrative rules
[01:55:16.400 --> 01:55:22.400]  So according to the prosecuting attorney this was neither a
[01:55:22.400 --> 01:55:24.400]  Criminal nor a civil offense
[01:55:24.400 --> 01:55:28.400]  It was a violation
[01:55:28.400 --> 01:55:31.400]  Well, what does that mean?
[01:55:31.400 --> 01:55:35.400]  He's using violation as a term of art
[01:55:35.400 --> 01:55:40.400]  Because violation is generally not a violation
[01:55:40.400 --> 01:55:44.400]  Used that way is what's called a
[01:55:44.400 --> 01:55:47.400]  I lost the term
[01:55:47.400 --> 01:55:50.400]  They've converted a verb into a noun
[01:55:50.400 --> 01:55:55.400]  You can violate something but a violation is a nominalization
[01:55:55.400 --> 01:55:57.400]  They've turned a verb to a noun
[01:55:57.400 --> 01:56:01.400]  So what does that mean?
[01:56:01.400 --> 01:56:06.400]  If you haven't committed a crime and you haven't committed a civil tort
[01:56:06.400 --> 01:56:13.400]  What business does the police have of writing you a citation
[01:56:13.400 --> 01:56:18.400]  Or filing a complaint against you for something that's not a crime
[01:56:18.400 --> 01:56:23.400]  So it was my position that the real place to argue this is
[01:56:23.400 --> 01:56:27.400]  Is that since it's not a crime
[01:56:27.400 --> 01:56:33.400]  The policeman had no authority to issue a criminal complaint against you
[01:56:33.400 --> 01:56:43.400]  And even that if he did have a
[01:56:43.400 --> 01:56:49.400]  Theoretically the state police as a Department of Safety employee
[01:56:49.400 --> 01:56:54.400]  Had a role of enforcing these violations
[01:56:54.400 --> 01:56:57.400]  He would have to then go to the agency that governs that
[01:56:57.400 --> 01:57:01.400]  So the Department of Public Safety or DMV
[01:57:01.400 --> 01:57:04.400]  And then if I didn't like what they decided
[01:57:04.400 --> 01:57:07.400]  Then I would appeal it to the Superior Court
[01:57:07.400 --> 01:57:12.400]  Yes, and that sounds exactly like what Eddie found in the code
[01:57:12.400 --> 01:57:16.400]  Yeah, Texas Administrative Code clearly shows that
[01:57:16.400 --> 01:57:19.400]  And then under the Government Code Chapter 2001
[01:57:19.400 --> 01:57:24.400]  Administrative Procedures Act shows that's exactly what's supposed to happen
[01:57:24.400 --> 01:57:28.400]  And Connecticut's pretty much similar to Texas
[01:57:28.400 --> 01:57:32.400]  Texas law is in fact based on Connecticut law originally
[01:57:32.400 --> 01:57:35.400]  So yeah, they should be very similar
[01:57:35.400 --> 01:57:42.400]  Okay, so what I need to know is
[01:57:42.400 --> 01:57:45.400]  To find in the Connecticut statutes
[01:57:45.400 --> 01:57:49.400]  What is the legal language that basically says
[01:57:49.400 --> 01:57:56.400]  That the police can't go and chase these violations
[01:57:56.400 --> 01:57:59.400]  No, no, no, wrong question
[01:57:59.400 --> 01:58:04.400]  There's nothing that really says what they can't do
[01:58:04.400 --> 01:58:08.400]  There are only things that say what they can do
[01:58:08.400 --> 01:58:13.400]  And they may only do what the law says they can do
[01:58:13.400 --> 01:58:15.400]  Yeah, and if you'll hang on to the other side
[01:58:15.400 --> 01:58:18.400]  I'll go into detail about that a little bit more
[01:58:18.400 --> 01:58:21.400]  Okay, thanks
[01:58:21.400 --> 01:58:24.400]  Okay folks, this is Rule of Law Radio
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