[00:00.000 --> 00:04.600]  This news brief brought to you by the International News Net.
[00:04.600 --> 00:07.680]  Israel is urging the U.S. and European governments
[00:07.680 --> 00:11.080]  to press Palestinian Authority President Mahmoud Abbas
[00:11.080 --> 00:14.120]  not to establish a unity government with Hamas.
[00:14.120 --> 00:18.080]  Abbas has called for new Palestinian elections within six months
[00:18.080 --> 00:22.080]  but says they cannot be held unless Gaza residents participate.
[00:22.080 --> 00:27.000]  Hamas also refuses to hold elections unless there is a reconciliation deal.
[00:27.000 --> 00:30.600]  Netanyahu said Fatah is talking about unity with Hamas
[00:30.600 --> 00:34.040]  which calls for Israel's destruction.
[00:34.040 --> 00:39.040]  A major political scandal rocked India Thursday over a Wiki leaked U.S. cable
[00:39.040 --> 00:42.040]  that described bribery by the governing Congress party
[00:42.040 --> 00:47.360]  surrounding a 2008 vote on a nuclear power deal between India and the U.S.
[00:47.360 --> 00:51.960]  The cable said an embassy employee was shown two chests containing cash
[00:51.960 --> 00:55.720]  part of a 25 million dollar slush fund used for payoffs.
[00:55.720 --> 01:01.200]  The measure passed, greatly increasing India's use of nuclear power.
[01:01.200 --> 01:04.400]  Over 1,000 seabirds were killed when the tsunami,
[01:04.400 --> 01:09.040]  following the massive Japanese earthquake, flooded a remote Pacific atoll.
[01:09.040 --> 01:13.520]  Lacing albatross along with thousands of chicks perished as five-foot waves
[01:13.520 --> 01:16.200]  rolled over low-lying midway islands.
[01:16.200 --> 01:18.400]  Many drowned or were buried under debris.
[01:18.400 --> 01:22.840]  Al-Qadhafi, along with revolts that toppled the presidents of Tunisia and Egypt
[01:22.840 --> 01:25.320]  and are threatening other regimes in the region,
[01:25.320 --> 01:30.160]  have cast a harsh light on the cozy relations between U.S. intelligence agencies
[01:30.160 --> 01:35.400]  and autocratic Arab governments.
[01:35.400 --> 01:38.560]  Dennis Blair, a former top U.S. intelligence official,
[01:38.560 --> 01:41.720]  said that while spy services in places like Libya and Egypt
[01:41.720 --> 01:44.440]  were cooperating with the U.S. against al-Qaeda,
[01:44.440 --> 01:48.560]  they were aggressively and sometimes brutally suppressing dissent in their own countries.
[01:48.560 --> 01:51.600]  Blair added, in the eyes of the citizens of those countries,
[01:51.600 --> 01:55.400]  they often identified the United States with the tools of oppression.
[01:55.400 --> 01:58.760]  The 2008 State Department's Human Rights Report on Libya
[01:58.760 --> 02:01.320]  was an inventory of disappearances and torture.
[02:01.320 --> 02:05.160]  Months earlier, however, a Wiki leaked cable described the Qadhafi government
[02:05.160 --> 02:08.440]  as, quote, a strong partner in the war against terrorism
[02:08.440 --> 02:13.680]  and called their relationship with Libya's spy service excellent.
[02:13.680 --> 02:19.440]  U.S. nuclear experts believe a spent fuel pool at Japan's Fukushima reactor complex
[02:19.440 --> 02:21.720]  has a breach in the wall or floor,
[02:21.720 --> 02:25.400]  creating a major obstacle to refilling the pool with water
[02:25.400 --> 02:28.880]  and keeping dangerous levels of radiation from escaping.
[02:28.880 --> 02:32.760]  That assessment by U.S. Nuclear Regulatory Commission officials
[02:32.760 --> 02:37.560]  is based on events since the earthquake and information provided by U.S. contractors
[02:37.560 --> 02:39.680]  who were in the plant at the time.
[02:39.680 --> 02:43.560]  They said it was compelling evidence the wall of the No. 4 reactor pool
[02:43.560 --> 02:45.680]  has a significant hole or crack.
[02:45.680 --> 02:50.120]  Unlike the reactor, the spent fuel pool does not have its own containment vessel,
[02:50.120 --> 02:54.040]  and any radioactive particles can spew more easily into the environment
[02:54.040 --> 02:56.280]  if the uranium fuel begins to burn.
[02:56.280 --> 03:02.280]  For more details on this story, visit innworldrecord.net.
[03:06.280 --> 03:13.280]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[03:13.280 --> 03:20.280]  Live free speech talk radio at its best.
[03:43.280 --> 03:50.280]  We are originators and the pathways seem to get straighter every day.
[03:50.280 --> 03:57.280]  And I could take anything that belongs to me and put it to good use.
[03:57.280 --> 04:04.280]  But I was good for the gander, going to work for the blues.
[04:04.280 --> 04:13.280]  I know some architects, I know some engineers.
[04:13.280 --> 04:20.280]  They've seen the evidence, they know a certain scene's queen.
[04:20.280 --> 04:23.280]  What's up with the blades of deception?
[04:23.280 --> 04:28.280]  What is the nature of what we do?
[04:28.280 --> 04:35.280]  What's up with the blades of deception? What is the nature of what you might gain?
[04:35.280 --> 04:43.280]  I see something headed straight for you. I think it looks just like a train.
[04:43.280 --> 04:50.280]  It smells like a sham of something. I can see them playing fast and loose.
[04:50.280 --> 05:18.280]  But I was good for the gander, going to work for the blues.
[05:18.280 --> 05:26.280]  Okay folks, we are back. We are taking our calls, 512-646-1984.
[05:26.280 --> 05:33.280]  And also remember folks, in case you didn't hear the announcement at the beginning of the show,
[05:33.280 --> 05:41.280]  House Bill 1937 here in the Texas Legislature has been scheduled for public hearing in the Criminal Jurisprudence Committee.
[05:41.280 --> 05:52.280]  That is the bill that would prohibit basically all the sexual molestations from occurring on the part of the TSA in our airports here in Texas.
[05:52.280 --> 05:59.280]  So folks need to get out there. Like I said, there's no time posted, which means you've just got to show up in the morning.
[05:59.280 --> 06:06.280]  You may have to sit around for hours. I think we should make an organized effort to maybe take shifts.
[06:06.280 --> 06:12.280]  Somebody go up there right in the morning and let's use Twitter and these sorts of things.
[06:12.280 --> 06:17.280]  Wait around for three, four hours. If nothing happens, say okay, it's time to change shifts.
[06:17.280 --> 06:25.280]  Bring somebody else up there and take shifts as far as watching when the bill actually comes up for committee.
[06:25.280 --> 06:30.280]  And then when it does, whoever is on duty at the time send out a tweet so we can all get down there
[06:30.280 --> 06:39.280]  so we don't have like hundreds of people sitting around waiting all day long and possibly into the night when this bill actually comes up in the committee.
[06:39.280 --> 06:49.280]  A question came in, call screeners said somebody is asking about the length of time regarding filing a response to motions.
[06:49.280 --> 06:55.280]  It's going to be different for every court. Every court is going to have its own local rules.
[06:55.280 --> 07:01.280]  In the federal court system, it's generally 11 days. In the state court system, it can be different.
[07:01.280 --> 07:06.280]  You just have to look at the federal rules of civil procedure for one thing if it's a federal case.
[07:06.280 --> 07:10.280]  And not only that, you have to look at the local rules of court.
[07:10.280 --> 07:16.280]  And in the state court system, you've got to look at the state rules and the state local court.
[07:16.280 --> 07:19.280]  So there's not a pat answer for that question.
[07:19.280 --> 07:28.280]  Okay, moving on now, we've got Troy in North Carolina. Troy, thank you for calling in. What is on your mind tonight?
[07:28.280 --> 07:39.280]  Hi, good evening. My comment and question kind of goes back to Eddie's earlier statement about IDing and it also involves kind of the TSA.
[07:39.280 --> 07:45.280]  And what I've been concerned with is are public officials kind of overstepping their authority.
[07:45.280 --> 07:52.280]  And this is a case in which I don't know if they are, so I'm kind of looking for the panel's opinion on this.
[07:52.280 --> 08:00.280]  Anyway, I've been flying in and out of Texas since 2003, and I'm flying in and out of a border airport.
[08:00.280 --> 08:09.280]  It's in McAllen. So all these flights originate in Texas, and their destination is in the U.S.
[08:09.280 --> 08:16.280]  So none of this is international. And since 2003, I think the security measures have evolved.
[08:16.280 --> 08:25.280]  And these days, when I go to the airport and just before I'm going through security,
[08:25.280 --> 08:31.280]  you go to the TSA agent and then your border pass and your ID.
[08:31.280 --> 08:36.280]  And right beside that TSA agent is a border patrol agent.
[08:36.280 --> 08:40.280]  It's probably a few years old. They've been showing up there.
[08:40.280 --> 08:46.280]  And they let the entire process occur about checking your ID and your border pass.
[08:46.280 --> 08:51.280]  And then they ask if you're – the border patrol agent asks if you're a U.S. citizen.
[08:51.280 --> 08:53.280]  And I've not really thought about it before.
[08:53.280 --> 09:01.280]  And usually I've always just answered yes and just went on until I've seen some of these homeland security checkpoints
[09:01.280 --> 09:05.280]  that are occurring in Arizona that aren't along the border.
[09:05.280 --> 09:14.280]  So I was just really trying to get the panel's opinion on whether or not you feel that this is a check that is legal
[09:14.280 --> 09:23.280]  and authorized or, you know, do I really have the right to not answer this border patrol agent's question?
[09:23.280 --> 09:27.280]  Well, you can straight up tell him, no, I'm not a U.S. citizen.
[09:27.280 --> 09:38.280]  I'm a natural-born Texan and American or wherever state you actually hail from originally, that is.
[09:38.280 --> 09:41.280]  Yeah, yeah. That's another problem.
[09:41.280 --> 09:44.280]  I was told by my mother that I was born in Maryland.
[09:44.280 --> 09:48.280]  So, you know, I obviously don't remember that. So I'm theorizing.
[09:48.280 --> 09:50.280]  Yeah, that's hearsay, but you know.
[09:50.280 --> 09:53.280]  Wait a minute. Weren't you there?
[09:53.280 --> 09:54.280]  Yeah, but he was pretty young at the time.
[09:54.280 --> 09:55.280]  I don't remember.
[09:55.280 --> 10:00.280]  Oh, okay. He didn't speak English at the time.
[10:00.280 --> 10:03.280]  So he couldn't register these things in English.
[10:03.280 --> 10:11.280]  That is a good question. It's a good question to ask the agent.
[10:11.280 --> 10:17.280]  You know, one good way to handle a question is with one.
[10:17.280 --> 10:21.280]  Is this something I'm required to answer?
[10:21.280 --> 10:27.280]  You know, this seems kind of intrusive. I don't know who you are or why you're asking me this question.
[10:27.280 --> 10:32.280]  Is this something you're specifically authorized to do? Is this something I'm required to answer?
[10:32.280 --> 10:41.280]  And if so, where would I look for the statutory support for the requirement to answer this question?
[10:41.280 --> 10:50.280]  Let him chew on that for a minute. He might tell you, you know, he might just, if you get a smart one, he might actually know what he's doing.
[10:50.280 --> 10:52.280]  Well, that's a long shot.
[10:52.280 --> 10:59.280]  But rather than go after them confrontationally, you might check that because I really can't say.
[10:59.280 --> 11:07.280]  That's an interesting question. It's not unreasonably intrusive.
[11:07.280 --> 11:18.280]  And as a Border Patrol agent, you're at a border station, essentially. You're at a border airport.
[11:18.280 --> 11:24.280]  So it's not an unreasonable question.
[11:24.280 --> 11:30.280]  Or you could just look at him and go, no, I'm not English.
[11:30.280 --> 11:38.280]  I might take Randy's suggestion. I like the idea of asking.
[11:38.280 --> 11:45.280]  And if he just smart mounts you, then ask for a supervisor.
[11:45.280 --> 11:50.280]  And whatever you do, stay just absolutely cool.
[11:50.280 --> 11:53.280]  It makes some nuts.
[11:53.280 --> 11:57.280]  The last time I went to the airport, they wanted me to go through this scanner.
[11:57.280 --> 12:02.280]  And I said, oh, no, no, no, I'm an opt out.
[12:02.280 --> 12:07.280]  And she looked at me. It took a second to realize what I would said.
[12:07.280 --> 12:11.280]  And then she turned around. You know, they always holler out, we have an opt out.
[12:11.280 --> 12:17.280]  And I turned around and waved my hand in the air. Hey, I'm an opt out. I'm an opt out.
[12:17.280 --> 12:21.280]  I was hollering it louder than they were.
[12:21.280 --> 12:26.280]  Yeah, I've hollered six times since they started the enhanced pack down last November.
[12:26.280 --> 12:32.280]  And I've never gone through the scanner. So I always get the loud opt out.
[12:32.280 --> 12:38.280]  The guy in Memphis, he gets down on his knees in front of me.
[12:38.280 --> 12:47.280]  He's got these rubber gloves on. And he said, is there any part of your body that's especially sensitive?
[12:47.280 --> 12:52.280]  And I looked down at him and said, my left testicle.
[12:52.280 --> 12:56.280]  And he just kind of froze in his tracks.
[12:56.280 --> 12:59.280]  He looked up at me. This time I was grinning at him.
[12:59.280 --> 13:03.280]  Oh, he said, you got me. Nobody's ever done that one to me before.
[13:03.280 --> 13:09.280]  But he was extremely careful. He didn't touch anything private.
[13:09.280 --> 13:15.280]  He just ran his hands down the front of my legs. He was really careful.
[13:15.280 --> 13:22.280]  He got the point. So I haven't had much trouble with that yet, but I figure it's coming.
[13:22.280 --> 13:29.280]  Well, it's pretty much policy now that they put their hands down your pants and grab your junk, so to speak.
[13:29.280 --> 13:33.280]  They're going to throw them back in the nub if they do that to me.
[13:33.280 --> 13:37.280]  If they do that to me, they're going to get no outward objection.
[13:37.280 --> 13:41.280]  As soon as they're finished, there's always a policeman sitting back there.
[13:41.280 --> 13:48.280]  I'll go to him and write out a criminal complaint and ask him to verify it.
[13:48.280 --> 13:52.280]  And these guys would be saying, what? I didn't even know he was upset.
[13:52.280 --> 13:58.280]  I said, that's right, Bubba. I don't have to let you know I'm upset.
[13:58.280 --> 14:05.280]  You committed sexual assault, but I can't argue with you about it because you've got a loaded pistol on your hip.
[14:05.280 --> 14:08.280]  Or you've got guys around you with loaded pistols.
[14:08.280 --> 14:13.280]  So when you're done playing your game, I'll go do mine.
[14:13.280 --> 14:21.280]  It's a lot more powerful if you don't allow them to get you into a confrontation.
[14:21.280 --> 14:28.280]  Now, I don't mind getting into a confrontation with the police officer trying to get him to arrest the TSA agent.
[14:28.280 --> 14:33.280]  That's a lot. That's fun. That's a hoot.
[14:33.280 --> 14:40.280]  But you argue with the TSA agent, they're just no-nothing, low-level minions.
[14:40.280 --> 14:43.280]  And all they know how to do is huff and puff.
[14:43.280 --> 14:48.280]  So we go to someone else who doesn't have anything to do with it.
[14:48.280 --> 14:55.280]  And when he doesn't want to do his job, then I ask him to get me a supervisor.
[14:55.280 --> 14:58.280]  And it just gets worse.
[14:58.280 --> 15:05.280]  And I ask the supervisor to take my complaint against his officer for misfeasance in office,
[15:05.280 --> 15:10.280]  official oppression or official misconduct, depending on the state.
[15:10.280 --> 15:13.280]  And he's not going to want to take a complaint against his officer.
[15:13.280 --> 15:18.280]  But I've never been threatened by police when I do that.
[15:18.280 --> 15:25.280]  Especially if you're nice and cool and calm, they're figuring, the guy's setting us up.
[15:25.280 --> 15:28.280]  He's done this before. This is a setup.
[15:28.280 --> 15:33.280]  If you don't get excited, if you don't show any anger,
[15:33.280 --> 15:38.280]  then it's easy when you know that you are setting them up.
[15:38.280 --> 15:43.280]  So if you think I'm setting you up, Bubba, you're right, I am.
[15:43.280 --> 15:47.280]  Everything I'm asking you to do is a trick.
[15:47.280 --> 15:53.280]  I'm trying to get you not to do what I ask you to do so I can call somebody else
[15:53.280 --> 15:55.280]  and ask them to come down and arrest you.
[15:55.280 --> 16:00.280]  So what are they going to do, fill me out at the airport for filing a criminal complaint?
[16:00.280 --> 16:03.280]  Geez.
[16:03.280 --> 16:07.280]  Anyway, this is, that's how I tend to handle it.
[16:07.280 --> 16:12.280]  And the first one puts his hand down my pants, that's what he's getting.
[16:12.280 --> 16:14.280]  And when the policemen don't take the complaint,
[16:14.280 --> 16:19.280]  then I go to the district attorney and file criminal charges against the policemen,
[16:19.280 --> 16:23.280]  not against the TSA agent.
[16:23.280 --> 16:26.280]  That really makes them nuts.
[16:26.280 --> 16:30.280]  Or if I can get a supervisor down there, I'll file against the supervisor
[16:30.280 --> 16:35.280]  for not taking a complaint against his officer and arresting his own officer.
[16:35.280 --> 16:37.280]  Oh, it's great fun.
[16:37.280 --> 16:40.280]  You haven't lived until you've done it at least once.
[16:40.280 --> 16:44.280]  This is Randy Kelton, Bubba Stevens, and Craig Udall Radio.
[16:44.280 --> 16:49.280]  Phone lines are open, 512-646-1984.
[16:49.280 --> 17:07.280]  Call in with questions or comments, and we will see on the other side.
[17:20.280 --> 17:24.280]  We're now located at 73-04 Burnett Road Suite A,
[17:24.280 --> 17:28.280]  1.2 miles north on Burnett from our previous location.
[17:28.280 --> 17:31.280]  We're on the west side of Burnett Road in Stanley Insurance Building
[17:31.280 --> 17:35.280]  on the ground floor next to the Ishabon Sushi and the Jeannie Car Wash.
[17:35.280 --> 17:39.280]  We're open Monday through Friday, 10 to 6, Saturdays 10 to 5.
[17:39.280 --> 17:45.280]  You're welcome to stop in during regular business hours or call 512-646-6440.
[17:45.280 --> 17:49.280]  Ask for Chad or Becky and say that you heard about us on the Rule of Law Radio
[17:49.280 --> 17:51.280]  or Texas Liberty Radio.
[17:51.280 --> 17:56.280]  That's Capitol Corn and Bullion at our new location at 73-04 Burnett Road Suite A.
[17:56.280 --> 18:00.280]  Or call 512-646-6440.
[18:00.280 --> 18:05.280]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.280 --> 18:09.280]  Stop debt collectors now with the Michael Mears proven method.
[18:09.280 --> 18:13.280]  Michael Mears has won six cases in federal court against debt collectors,
[18:13.280 --> 18:15.280]  and now you can win two.
[18:15.280 --> 18:19.280]  You'll get step-by-step instructions in plain English on how to win in court
[18:19.280 --> 18:23.280]  using federal civil rights statutes, what to do when contacted by phones,
[18:23.280 --> 18:27.280]  mail, or court summons, how to answer letters and phone calls,
[18:27.280 --> 18:29.280]  how to get debt collectors out of your credit reports,
[18:29.280 --> 18:34.280]  how to turn the financial tables on them and make them pay you to go away.
[18:34.280 --> 18:39.280]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:39.280 --> 18:41.280]  Personal consultation is available as well.
[18:41.280 --> 18:44.280]  For more information, please visit ruleoflawradio.com
[18:44.280 --> 18:46.280]  and click on the blue Michael Mears banner.
[18:46.280 --> 18:49.280]  Or email michaelmears at yahoo.com.
[18:49.280 --> 18:51.280]  That's ruleoflawradio.com.
[18:51.280 --> 18:57.280]  Or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.280 --> 19:01.280]  to learn how to stop debt collectors now.
[19:01.280 --> 19:04.280]  Well, don't let nothing get to you.
[19:04.280 --> 19:07.280]  Only the Father can deliver you.
[19:07.280 --> 19:13.280]  Don't let bad-minded people hurt you until Satan gets behind you.
[19:13.280 --> 19:15.280]  Know what I mean?
[19:15.280 --> 19:42.280]  My friend, Nala Jackson.
[19:42.280 --> 19:45.280]  He's everything.
[19:45.280 --> 19:46.280]  He's everything to me.
[19:46.280 --> 19:48.280]  That's why I call him.
[19:48.280 --> 19:51.280]  I clap my knee and I pray to him.
[19:51.280 --> 19:54.280]  Because he's the only one who could answer him.
[19:54.280 --> 19:57.280]  It ain't no business what wicked man's saying.
[19:57.280 --> 19:59.280]  Mankind, you know, is just leading me.
[19:59.280 --> 20:00.280]  Can I trust him?
[20:00.280 --> 20:02.280]  God, my friend.
[20:02.280 --> 20:05.280]  Tell him your problem's dead.
[20:05.280 --> 20:08.280]  I need him once again.
[20:08.280 --> 20:11.280]  Miracle, you know, he worked me.
[20:11.280 --> 20:12.280]  Can I trust him?
[20:12.280 --> 20:14.280]  God, my friend.
[20:14.280 --> 20:17.280]  Tell him your problem's dead.
[20:17.280 --> 20:20.280]  I need him once again.
[20:20.280 --> 20:22.280]  Miracle, you know, he worked me.
[20:22.280 --> 20:26.280]  Okay, folks, we are back.
[20:26.280 --> 20:29.280]  Rule of Law Radio, ruleoflawradio.com.
[20:29.280 --> 20:30.280]  We're taking your calls.
[20:30.280 --> 20:32.280]  The call board's starting to open up, folks.
[20:32.280 --> 20:38.280]  So please call in 512-646-1984.
[20:38.280 --> 20:41.280]  And yeah, the whole TSA thing, it's a serious issue.
[20:41.280 --> 20:46.280]  That's why we all need to get down there to the legislature on Tuesday
[20:46.280 --> 20:53.280]  so that we can get this bill passed into law concerning the prohibiting of searches
[20:53.280 --> 21:01.280]  regarding the touching, offensive touching of genitals and other private places
[21:01.280 --> 21:05.280]  as a means of search without probable cause.
[21:05.280 --> 21:08.280]  Because what's been happening, like say for example in California,
[21:08.280 --> 21:14.280]  there's a DA that aggressively wants to prosecute these TSA agents
[21:14.280 --> 21:18.280]  for these outrageous pat downs that are basically sexual assaults.
[21:18.280 --> 21:23.280]  But under their current law, he has a hard time making it stick
[21:23.280 --> 21:30.280]  unless he can show intent of a sexual lewd purpose.
[21:30.280 --> 21:36.280]  If it's just for the sake of searching and the person consents to it,
[21:36.280 --> 21:41.280]  then it's technically not a sexual assault under their California law
[21:41.280 --> 21:45.280]  because the traveler consented to it.
[21:45.280 --> 21:51.280]  And the only way they can make a sexual assault charge stick is if they showed intent.
[21:51.280 --> 21:54.280]  The prosecutor would have to show some kind of lewd sexual intent
[21:54.280 --> 21:56.280]  on the part of the person searching.
[21:56.280 --> 22:02.280]  And so that's why all these state legislatures are trying to pass additional laws
[22:02.280 --> 22:07.280]  qualifying that, hey, it's not just about intent.
[22:07.280 --> 22:12.280]  You guys can't do it at all without probable cause.
[22:12.280 --> 22:16.280]  And that way there's no question involved whatsoever.
[22:16.280 --> 22:18.280]  Now Randy has a good point.
[22:18.280 --> 22:22.280]  Even under the current law, Randy can claim duress and say,
[22:22.280 --> 22:24.280]  well, hey, they got guys standing around with pistols.
[22:24.280 --> 22:26.280]  Now I don't think TSA are armed with pistols.
[22:26.280 --> 22:28.280]  They're not law enforcement agents.
[22:28.280 --> 22:30.280]  They're not federal law enforcement.
[22:30.280 --> 22:32.280]  They're a civil regulatory agency.
[22:32.280 --> 22:37.280]  In fact, the police and sheriffs and other law enforcement are pretty mad at them
[22:37.280 --> 22:41.280]  for sporting badges when they aren't law enforcement.
[22:41.280 --> 22:44.280]  And so Randy can claim some kind of duress or say,
[22:44.280 --> 22:48.280]  I didn't know he was going to do that and then all of a sudden he started touching me
[22:48.280 --> 22:53.280]  and I didn't have a choice but to stand there because there's guys with guns standing around.
[22:53.280 --> 23:02.280]  That could be a viable argument at that point, some kind of aggravated assault.
[23:02.280 --> 23:10.280]  But with all the media outrage, the public outrage, I guess it could stick.
[23:10.280 --> 23:13.280]  I mean, with me, I ain't taking no chances.
[23:13.280 --> 23:14.280]  I go in there.
[23:14.280 --> 23:18.280]  If they try to run me through a scanner, and of course I'm going to opt out,
[23:18.280 --> 23:22.280]  especially now in light of the fact that studies are being released,
[23:22.280 --> 23:27.280]  they're having to admit that the radiation levels are 10 times what they originally told people.
[23:27.280 --> 23:30.280]  See, they haven't even told people what the radiation levels really are,
[23:30.280 --> 23:36.280]  and now they're starting to finally leak it out, so to speak, no pun intended.
[23:36.280 --> 23:38.280]  And so I'm not doing that.
[23:38.280 --> 23:40.280]  I'm not going to let them touch me.
[23:40.280 --> 23:43.280]  I mean, we have to figure out where we're going to draw the line.
[23:43.280 --> 23:47.280]  Nobody needs to be touching me at all, period.
[23:47.280 --> 23:49.280]  A hand on leg, hand on arm.
[23:49.280 --> 23:56.280]  There doesn't need to be any physical contact whatsoever at all for me to travel.
[23:56.280 --> 23:59.280]  If they've got probable cause of something, fine.
[23:59.280 --> 24:01.280]  Otherwise, you want to touch me?
[24:01.280 --> 24:02.280]  Uh-uh.
[24:02.280 --> 24:03.280]  Ain't going to happen.
[24:03.280 --> 24:06.280]  And if they say, well, then you can't fly, well, then fine.
[24:06.280 --> 24:07.280]  I ain't flying.
[24:07.280 --> 24:12.280]  And then they turn around and sue their butts for denying my right to travel.
[24:12.280 --> 24:15.280]  And that's exactly what our friend Phil is doing.
[24:15.280 --> 24:17.280]  It's like, no, you're not going to touch me.
[24:17.280 --> 24:22.280]  So we all have our own line, and the remedies that would ensue thereof,
[24:22.280 --> 24:27.280]  like with me and my friend Phil, you ain't touching us at all, at all, at all.
[24:27.280 --> 24:28.280]  No touching.
[24:28.280 --> 24:30.280]  If you want to run the wand, that's fine.
[24:30.280 --> 24:31.280]  I'll walk through the metal detector.
[24:31.280 --> 24:32.280]  That's fine.
[24:32.280 --> 24:35.280]  But there's not going to be any physical contact.
[24:35.280 --> 24:38.280]  And if I get denied my right to travel as a result of that,
[24:38.280 --> 24:42.280]  then your butt's getting sued for denying my right to travel.
[24:42.280 --> 24:43.280]  Now, Randy, he's got his line.
[24:43.280 --> 24:45.280]  It's a little bit different from mine.
[24:45.280 --> 24:47.280]  He says, fine, go ahead, touch me.
[24:47.280 --> 24:49.280]  And then he has his own remedies.
[24:49.280 --> 24:55.280]  So we just all have to decide where our line is and look at the resulting remedies.
[24:55.280 --> 25:00.280]  All I'm suggesting is a way to handle these issues
[25:00.280 --> 25:04.280]  without getting into the kind of situation Mike Handel got into.
[25:04.280 --> 25:06.280]  Right.
[25:06.280 --> 25:10.280]  The way, you know, I don't want to fight with these guys.
[25:10.280 --> 25:14.280]  Once I get away from them, then I start my fight.
[25:14.280 --> 25:17.280]  And I'm the one picking the fight.
[25:17.280 --> 25:20.280]  So I'm through with TSA.
[25:20.280 --> 25:23.280]  They don't have any problem with me.
[25:23.280 --> 25:27.280]  Now I come back and bring my problem back to them.
[25:27.280 --> 25:31.280]  I don't really care to get anybody arrested or indicted.
[25:31.280 --> 25:36.280]  I just want to take them through a little jog through the legal system
[25:36.280 --> 25:39.280]  and wind their clocks good.
[25:39.280 --> 25:41.280]  This kind of thing gets around.
[25:41.280 --> 25:43.280]  I love Bushwhack.
[25:43.280 --> 25:45.280]  I go through, they don't think anything of it.
[25:45.280 --> 25:49.280]  Now they've got somebody over there trying to get the police to arrest them.
[25:49.280 --> 25:51.280]  This is how we get their attention.
[25:51.280 --> 25:56.280]  If you get into confrontation, they know how to handle confrontation.
[25:56.280 --> 25:59.280]  And then they make up all of these stories.
[25:59.280 --> 26:02.280]  They lie about everything.
[26:02.280 --> 26:06.280]  So before they can make up their lies,
[26:06.280 --> 26:09.280]  I go through, they have no problem.
[26:09.280 --> 26:14.280]  So they can't come back later and claim problems.
[26:14.280 --> 26:17.280]  I try to set them up.
[26:17.280 --> 26:21.280]  And when I went through in Memphis, they weren't bad,
[26:21.280 --> 26:24.280]  but they weren't cooperative.
[26:24.280 --> 26:28.280]  I told the guy, look, I won't mind this at all
[26:28.280 --> 26:32.280]  if you got a nice, cute, sexy little blonde to do this.
[26:32.280 --> 26:35.280]  And he said, well, we can't do that.
[26:35.280 --> 26:38.280]  I said, then be careful.
[26:38.280 --> 26:40.280]  Okay.
[26:40.280 --> 26:45.280]  But anyway, I don't want to get in a fight with these guys
[26:45.280 --> 26:47.280]  because they cheat.
[26:47.280 --> 26:48.280]  They lie.
[26:48.280 --> 26:49.280]  They're scum.
[26:49.280 --> 26:51.280]  They're the scum of the earth.
[26:51.280 --> 26:53.280]  So I'm going to get away from them and Bushwhack them.
[26:53.280 --> 26:54.280]  Anyway, that's my story.
[26:54.280 --> 26:56.280]  I'm sticking to it.
[26:56.280 --> 26:57.280]  Do you have any more?
[26:57.280 --> 26:58.280]  Yeah, I do have some more.
[26:58.280 --> 27:00.280]  That's why you get a smartphone.
[27:00.280 --> 27:02.280]  I don't care what brand it is.
[27:02.280 --> 27:04.280]  And you get the quick app, QIK.
[27:04.280 --> 27:06.280]  Go to qik.com.
[27:06.280 --> 27:08.280]  You get the QIK app on your smartphone.
[27:08.280 --> 27:12.280]  And when you're going through security, you engage the QIK app,
[27:12.280 --> 27:18.280]  which is live video and audio streaming to the Internet live.
[27:18.280 --> 27:20.280]  And you have it on.
[27:20.280 --> 27:22.280]  And you can't keep it on you.
[27:22.280 --> 27:24.280]  You have to put all electronics on the conveyor belt.
[27:24.280 --> 27:25.280]  But it's still working.
[27:25.280 --> 27:26.280]  It's still on.
[27:26.280 --> 27:29.280]  And it is live streaming all the audio and video
[27:29.280 --> 27:32.280]  of whatever's going on to the Internet.
[27:32.280 --> 27:34.280]  While it's happening, that way they can try to lie.
[27:34.280 --> 27:36.280]  But it ain't going to go very far.
[27:36.280 --> 27:39.280]  And, you know, as Randy says, it is important.
[27:39.280 --> 27:43.280]  You don't want to get into confrontation with these people on the spot
[27:43.280 --> 27:45.280]  because you're not going to win.
[27:45.280 --> 27:49.280]  And so we just have to, each one of us has to decide where our line is
[27:49.280 --> 27:52.280]  before we go into the situation
[27:52.280 --> 27:56.280]  and decide how we're going to handle it to avoid confrontation on the spot.
[27:56.280 --> 27:59.280]  Like with Randy, he says, okay, it's fine.
[27:59.280 --> 28:04.280]  He doesn't have a problem allowing people to touch him physically
[28:04.280 --> 28:08.280]  as long as it's not in certain places on his body.
[28:08.280 --> 28:10.280]  With me, I have a different boundary.
[28:10.280 --> 28:12.280]  They're not going to touch me at all.
[28:12.280 --> 28:14.280]  And I'm not going to get into confrontation with them either.
[28:14.280 --> 28:17.280]  I'm just going to say, no, you're not going to touch me.
[28:17.280 --> 28:19.280]  And I'm not going to go through the scanner.
[28:19.280 --> 28:20.280]  And they say, you can't fly.
[28:20.280 --> 28:21.280]  Then I'm going to say, okay, fine.
[28:21.280 --> 28:22.280]  Then I can't fly.
[28:22.280 --> 28:24.280]  I'm going to leave now.
[28:24.280 --> 28:26.280]  And if they try to detain me and say,
[28:26.280 --> 28:28.280]  no, you can't leave without going through security,
[28:28.280 --> 28:31.280]  I'm going to say, sorry, it's not going to happen.
[28:31.280 --> 28:33.280]  Let's call the police.
[28:33.280 --> 28:35.280]  Let's call the sheriff.
[28:35.280 --> 28:39.280]  And you're welcome to escort me out of the airport.
[28:39.280 --> 28:43.280]  And like what happened to the gentleman a few months ago,
[28:43.280 --> 28:46.280]  then they turn around and try to say, well, you can go,
[28:46.280 --> 28:51.280]  but we're going to try to go after you for a civil lawsuit for $10,000
[28:51.280 --> 28:56.280]  for leaving the security area without completing the screening process.
[28:56.280 --> 28:58.280]  I'll say, take your best shot.
[28:58.280 --> 29:00.280]  Go ahead and sue me for $10,000.
[29:00.280 --> 29:02.280]  But I'm not going to go through the scanner.
[29:02.280 --> 29:04.280]  And you're not going to touch me either.
[29:04.280 --> 29:08.280]  And so we just have to realize that we just have to make plans
[29:08.280 --> 29:12.280]  for how we're going to deal with these situations to avoid confrontation.
[29:12.280 --> 29:15.280]  And you just make those plans.
[29:15.280 --> 29:17.280]  And it's going to be a different remedy for everyone
[29:17.280 --> 29:19.280]  depending on what your boundary is.
[29:19.280 --> 29:21.280]  With Randy, he's got a different boundary.
[29:21.280 --> 29:24.280]  He's got a different remedy from me.
[29:24.280 --> 29:25.280]  But Randy is absolutely correct.
[29:25.280 --> 29:27.280]  You don't want to get into confrontation with people.
[29:27.280 --> 29:29.280]  And you want to record everything.
[29:29.280 --> 29:33.280]  If you're going to fly or travel at all, you've got to record everything.
[29:33.280 --> 29:35.280]  Put your recorder on on the conveyor belt.
[29:35.280 --> 29:41.280]  So I think that's all for the rant on that situation.
[29:41.280 --> 29:45.280]  Personally, I would just decline all options and turn around
[29:45.280 --> 29:51.280]  and sue them for depriving me of my right to travel.
[29:51.280 --> 29:53.280]  That's what I would do.
[29:53.280 --> 29:54.280]  So we'll be right back.
[29:54.280 --> 29:55.280]  We're going to continue to take your calls.
[29:55.280 --> 30:24.280]  On the other side, this is The Rule of Law.
[30:25.280 --> 30:29.280]  Learn for yourself what the true intent of law really is.
[30:29.280 --> 30:35.280]  Did you know that cell phones can cause constipation, anorexia, and depression
[30:35.280 --> 30:36.280]  if they get into the wrong hands?
[30:36.280 --> 30:38.280]  Or should I say the wrong jaws?
[30:38.280 --> 30:40.280]  I'm Dr. Catherine Albrecht,
[30:40.280 --> 30:44.280]  and I'll be back with the painful saga of Jane's wireless woes in just a moment.
[30:44.280 --> 30:48.280]  Your search engine is watching you, recording all your searches
[30:48.280 --> 30:52.280]  and creating a massive database of your personal information.
[30:52.280 --> 30:53.280]  That's creepy.
[30:53.280 --> 30:55.280]  But it doesn't have to be that way.
[30:55.280 --> 30:58.280]  Startpage.com is the world's most private search engine.
[30:58.280 --> 31:02.280]  Startpage doesn't store your IP address, make a record of your searches,
[31:02.280 --> 31:05.280]  or use tracking cookies, and they're third-party certified.
[31:05.280 --> 31:09.280]  If you don't like Big Brother spying on you, start over with Startpage.
[31:09.280 --> 31:12.280]  Great search results and total privacy.
[31:12.280 --> 31:15.280]  Startpage.com, the world's most private search engine.
[31:15.280 --> 31:18.280]  Remember TikTok, the crocodile from Peter Pan?
[31:18.280 --> 31:22.280]  He swallowed an alarm clock, and his ticking could be heard all across NeverNeverLunch.
[31:22.280 --> 31:25.280]  Well, a modern-day twist on this fairy tale story
[31:25.280 --> 31:28.280]  recently happened at an aquarium in the Ukraine.
[31:28.280 --> 31:30.280]  Gina, a 14-year-old crocodile,
[31:30.280 --> 31:33.280]  now emits a Nokia ringtone from the depths of her stomach.
[31:33.280 --> 31:38.280]  She swallowed the smartphone when a visitor accidentally dropped it into her tank last month.
[31:38.280 --> 31:43.280]  Unfortunately, the ringing reptile isn't feeling too good after her high-tech snack.
[31:43.280 --> 31:45.280]  She's not eating, and she's moving lethargically.
[31:45.280 --> 31:47.280]  I guess there's not an app for that.
[31:47.280 --> 31:50.280]  Gina's handlers plan a surgery to retrieve the phone,
[31:50.280 --> 31:53.280]  but I'm guessing its owner won't be wanting it back.
[31:53.280 --> 31:55.280]  I'm Dr. Catherine Albrecht.
[31:55.280 --> 32:22.280]  For more information, visit CatherineAlbrecht.com.
[32:22.280 --> 32:25.280]  Thank you for watching.
[32:52.280 --> 32:57.280]  OK, folks, we are back, and we are taking your calls.
[32:57.280 --> 33:00.280]  512-646-1984.
[33:00.280 --> 33:05.280]  We've got Kathy from Texas, and I'm being told the question is,
[33:05.280 --> 33:08.280]  how long does a judge have to respond to motions?
[33:08.280 --> 33:11.280]  I guess the real question is, how long does the judge have
[33:11.280 --> 33:14.280]  before he is required to make a ruling on the motion?
[33:14.280 --> 33:16.280]  Is that the question, Kathy?
[33:16.280 --> 33:18.280]  Kathy?
[33:18.280 --> 33:22.280]  No, I'm sorry, no.
[33:22.280 --> 33:25.280]  The question is, how long do they have to answer?
[33:25.280 --> 33:30.280]  How long does the opposing party have to answer?
[33:30.280 --> 33:32.280]  Yes, and specifically in Texas,
[33:32.280 --> 33:37.280]  and I'm wondering about both civil and criminal cases.
[33:37.280 --> 33:40.280]  OK, well, I know that at the federal level,
[33:40.280 --> 33:44.280]  in the Texas Western District, according to local rules,
[33:44.280 --> 33:46.280]  I know for sure that the opposing party,
[33:46.280 --> 33:50.280]  and again, this would be a response to a motion, not an answer.
[33:50.280 --> 33:56.280]  According to rules of court, the opposing party has 11 days,
[33:56.280 --> 33:59.280]  and that's 11 calendar days, not 11 business days,
[33:59.280 --> 34:03.280]  to file a response to the motion.
[34:03.280 --> 34:09.280]  In the state of Texas, it's generally 30 days.
[34:09.280 --> 34:14.280]  Did you get that, Kathy, concerning the state court?
[34:14.280 --> 34:18.280]  Yes, and does that apply to the state of Texas also?
[34:18.280 --> 34:22.280]  OK, in the state of Texas, it's generally 30 days.
[34:22.280 --> 34:24.280]  30 days, OK.
[34:24.280 --> 34:26.280]  You can check the code of criminal procedure
[34:26.280 --> 34:30.280]  to be certain on whatever motion it is, but it's generally 30 days.
[34:30.280 --> 34:33.280]  OK, and you mentioned civil.
[34:33.280 --> 34:36.280]  What about criminal cases?
[34:36.280 --> 34:38.280]  It's the same.
[34:38.280 --> 34:41.280]  You need to check the local, you need to check the rules of court.
[34:41.280 --> 34:48.280]  Those time limits are all found in the rules of civil procedure.
[34:48.280 --> 34:54.280]  The rules of civil procedure are essentially the rules of how things work in court.
[34:54.280 --> 35:02.280]  The code of criminal procedure addresses issues not covered in rules of civil procedure
[35:02.280 --> 35:06.280]  that are specific to criminal prosecutions.
[35:06.280 --> 35:11.280]  So for time limits and such, you'll generally find all of that in the rules of civil procedure.
[35:11.280 --> 35:15.280]  OK, and thank you for that answer.
[35:15.280 --> 35:22.280]  I had one more question, and I could probably figure this out by reading the guidelines you were just talking about.
[35:22.280 --> 35:29.280]  How long do you have to set a hearing if you file a motion?
[35:29.280 --> 35:32.280]  Six months.
[35:32.280 --> 35:33.280]  Six months.
[35:33.280 --> 35:36.280]  Is that at the federal or the state level or both, Randy?
[35:36.280 --> 35:39.280]  That's in the state level.
[35:39.280 --> 35:44.280]  If you don't do something in the court within six months,
[35:44.280 --> 35:51.280]  then the court is going to move to dismiss for lack of prosecution.
[35:51.280 --> 35:57.280]  There is nothing that says you have to move to set a motion for hearing.
[35:57.280 --> 36:07.280]  You just have to timely prosecute the case, and they consider six months with no action as not timely.
[36:07.280 --> 36:11.280]  And I think in the family law, it may be a year.
[36:11.280 --> 36:18.280]  Well, Randy, what if you're the defendant and you filed a motion, like a motion to dismiss or some other motion,
[36:18.280 --> 36:21.280]  and the court doesn't rule on your motion?
[36:21.280 --> 36:28.280]  Do you have to file for a motion hearing, request a motion hearing within six months?
[36:28.280 --> 36:29.280]  Yes.
[36:29.280 --> 36:32.280]  Even if you're the defendant?
[36:32.280 --> 36:38.280]  Well, if you don't and the other side doesn't do anything, it goes away.
[36:38.280 --> 36:47.280]  If you're the defendant and you file a motion and nothing's happening on the other side,
[36:47.280 --> 36:55.280]  if you have filed a motion and the plaintiff files a motion and the plaintiff's motion's put on for hearing,
[36:55.280 --> 36:59.280]  all motions are put on for hearing.
[36:59.280 --> 37:06.280]  So if they don't have a hearing on this particular motion, they have a motion hearing for the case.
[37:06.280 --> 37:09.280]  So all motions that are in the case get heard.
[37:09.280 --> 37:13.280]  If the plaintiff doesn't move the case along,
[37:13.280 --> 37:19.280]  when it reaches the six months, the court's going to put it on the dismissal docket,
[37:19.280 --> 37:22.280]  and you'll get notice that it's on the dismissal docket.
[37:22.280 --> 37:26.280]  If the plaintiff doesn't move in, they're going to dismiss the whole thing.
[37:26.280 --> 37:30.280]  So if you're the defendant, who cares?
[37:30.280 --> 37:33.280]  That works in your favor.
[37:33.280 --> 37:36.280]  But if you're the plaintiff, you need to get it moving along.
[37:36.280 --> 37:42.280]  Or if you're a defendant in a criminal case, then you have a right to speedy trial.
[37:42.280 --> 37:45.280]  That clock's running.
[37:45.280 --> 37:52.280]  So if you're the defendant, it's generally helpful to you if they don't move along.
[37:52.280 --> 37:57.280]  If you're the plaintiff, then you want to move the court to set it for hearing.
[37:57.280 --> 38:01.280]  And just a quick note of how to do that.
[38:01.280 --> 38:07.280]  You call down to the court and ask who is the judge's coordinator or clerk or secretary,
[38:07.280 --> 38:11.280]  whatever they call them, who keeps the judge's calendar.
[38:11.280 --> 38:18.280]  And they'll get you to that person, and that's the one you asked set for trial or set for hearing.
[38:18.280 --> 38:22.280]  Generally, they will tell you the judge hears motions on these days.
[38:22.280 --> 38:24.280]  So they give you a set of days.
[38:24.280 --> 38:26.280]  You want more than one day.
[38:26.280 --> 38:33.280]  So you can go to the other side and say, I can either set this motion for hearing on this day or this day.
[38:33.280 --> 38:36.280]  Which one is better for you?
[38:36.280 --> 38:40.280]  Don't ask him, are either of these good for you?
[38:40.280 --> 38:43.280]  Ask him which one is better.
[38:43.280 --> 38:50.280]  And if he grabs about both of them, you tell him, Bubba, pick one or set one yourself.
[38:50.280 --> 38:54.280]  We're going to court.
[38:54.280 --> 38:55.280]  That's great advice.
[38:55.280 --> 38:57.280]  Thank you so much.
[38:57.280 --> 38:58.280]  All right, Kathy.
[38:58.280 --> 38:59.280]  Thank you.
[38:59.280 --> 39:01.280]  And I had another comment on this issue, too.
[39:01.280 --> 39:02.280]  Thank you for the call.
[39:02.280 --> 39:09.280]  Concerning how long does the judge have to make a ruling on a motion?
[39:09.280 --> 39:13.280]  Pretty much, they can take as long as they want.
[39:13.280 --> 39:15.280]  Now, that can work in your favor.
[39:15.280 --> 39:20.280]  If the judge is delaying, it can work against you, depending on the case.
[39:20.280 --> 39:22.280]  It just depends.
[39:22.280 --> 39:29.280]  If sometimes you, it's a good thing for the judge to take his time.
[39:29.280 --> 39:32.280]  You may not want to call a motion, ask for a motion hearing.
[39:32.280 --> 39:37.280]  You may want to give the judge time, especially if you are the defendant.
[39:37.280 --> 39:42.280]  In a civil case, if you're the defendant and you've filed a motion to dismiss
[39:42.280 --> 39:46.280]  and there's been a response and a reply and briefs and all these sorts of things
[39:46.280 --> 39:51.280]  or hearings or maybe not, but at least if you filed a motion to dismiss
[39:51.280 --> 39:58.280]  and whether or not the other party replied and the judge is just sitting on it,
[39:58.280 --> 40:06.280]  may not want to hurry the case along as a defendant because the longer the judge takes
[40:06.280 --> 40:12.280]  to make a ruling on that motion, the more likely the case is going to go in your favor.
[40:12.280 --> 40:17.280]  The reason I say that is because, like what Randy just said a few minutes ago,
[40:17.280 --> 40:22.280]  it's the plaintiff's duty to move the case along.
[40:22.280 --> 40:27.280]  So if the plaintiff is not moving the case along with motions
[40:27.280 --> 40:32.280]  and you're the defendant and you filed a motion to dismiss and nothing's happening
[40:32.280 --> 40:39.280]  and the plaintiff is just being quiet, if it were me, I would just shut my mouth
[40:39.280 --> 40:44.280]  and not file any more motions or anything like that and just sit back and wait
[40:44.280 --> 40:49.280]  and let the judge, like Randy said, if six months go by,
[40:49.280 --> 40:53.280]  the whole case is going to get put on the dismissal docket anyway.
[40:53.280 --> 40:57.280]  Now, if it's a criminal case and you're sitting in jail,
[40:57.280 --> 41:00.280]  you may want to move the case along as a defendant
[41:00.280 --> 41:03.280]  because your liberty is being deprived and these sorts of things,
[41:03.280 --> 41:09.280]  but if it's just a civil case and there's no great risk at stake for your liberty,
[41:09.280 --> 41:13.280]  you may just want to sit back and wait for the judge to dismiss the whole thing
[41:13.280 --> 41:16.280]  because the plaintiff won't prosecute the case.
[41:16.280 --> 41:17.280]  So it depends.
[41:17.280 --> 41:22.280]  Now, if it's a traffic ticket and you've appealed and filed motion in that case
[41:22.280 --> 41:24.280]  and then the judge isn't doing anything,
[41:24.280 --> 41:27.280]  it might be in your favor to ask for a motion hearing.
[41:27.280 --> 41:31.280]  Otherwise, the appeal is never going to get heard and you're going to have this traffic ticket on your record.
[41:31.280 --> 41:32.280]  So it just depends on the case.
[41:32.280 --> 41:33.280]  I'm sorry.
[41:33.280 --> 41:34.280]  Go ahead, Eddie.
[41:34.280 --> 41:37.280]  Well, I just want to address something that Randy said a while ago
[41:37.280 --> 41:41.280]  about going from the Code of Criminal Procedure to the Code of Civil Procedure
[41:41.280 --> 41:43.280]  if there's something that's not covered.
[41:43.280 --> 41:45.280]  There's a slight problem with that.
[41:45.280 --> 41:50.280]  Code of Criminal Procedure Article 1.27 very specifically states, and I quote,
[41:50.280 --> 41:57.280]  that the Code of Common Law governs, if this code fails to provide a rule of procedure in any particular state of case which may arise,
[41:57.280 --> 42:03.280]  the rules of the common law shall be applied and governed, not the rules of civil procedure.
[42:03.280 --> 42:13.280]  So we can go by the procedures laid out by case law, not the Code of Civil Procedure.
[42:13.280 --> 42:24.280]  Okay. The common law does not address procedure, courtroom procedure.
[42:24.280 --> 42:29.280]  Well, this is making the assertion that somewhere it does.
[42:29.280 --> 42:31.280]  Where?
[42:31.280 --> 42:38.280]  Well, I don't know where since you're always stipulating a common law strictly on judicial decisions
[42:38.280 --> 42:44.280]  and I'm quite sure we've got judicial decisions that say this is how you handle certain aspects.
[42:44.280 --> 42:49.280]  Wait a minute. You're telling people to go to the common law, so you're telling them to just go out?
[42:49.280 --> 42:52.280]  I'm not telling them. I just read you the statute.
[42:52.280 --> 42:57.280]  This is what the courts do.
[42:57.280 --> 43:05.280]  If you wanted to recuse a judge in a criminal case, where do you go?
[43:05.280 --> 43:12.280]  Just look up case decisions that determine what constitutes the ability to recuse a judge.
[43:12.280 --> 43:18.280]  Okay. That's a theoretical what you possibly could do.
[43:18.280 --> 43:29.280]  But in the world I live in, you can bring the Code of Civil Procedure into a criminal court.
[43:29.280 --> 43:36.280]  There's no time limits on answering a motion in the Code of Criminal Procedure.
[43:36.280 --> 43:39.280]  I agree. The Code of Criminal Procedure.
[43:39.280 --> 43:43.280]  But what we're addressing is the use of the Code of Civil Procedure in lieu of that.
[43:43.280 --> 43:46.280]  But you're suggesting people just go off into the court?
[43:46.280 --> 43:51.280]  I'm not suggesting anything. I simply brought up what the statute says.
[43:51.280 --> 43:57.280]  I understand what it says, but it's okay.
[43:57.280 --> 44:00.280]  I actually agree.
[44:00.280 --> 44:06.280]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy.
[44:06.280 --> 44:09.280]  And neither is finding like-minded people to share it with.
[44:09.280 --> 44:12.280]  Oh, well, I guess you haven't heard of Brave New Books, then.
[44:12.280 --> 44:13.280]  Brave New Books?
[44:13.280 --> 44:20.280]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[44:20.280 --> 44:24.280]  They even stock Interfood, Berkey Products, and Calvin Soaps.
[44:24.280 --> 44:26.280]  There's no way a place like that exists.
[44:26.280 --> 44:31.280]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[44:31.280 --> 44:35.280]  By UT, there's never anywhere to park down there.
[44:35.280 --> 44:43.280]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking Facility, just behind the bookstore.
[44:43.280 --> 44:46.280]  It does exist, but when are they open?
[44:46.280 --> 44:51.280]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[44:51.280 --> 44:58.280]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
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[46:18.280 --> 46:22.280]  Whoa, yeah.
[46:22.280 --> 46:28.280]  Always, I must be careful what I'm wishing for.
[46:28.280 --> 46:33.280]  When I'm hungry, I like to know just what I'm fishing for.
[46:33.280 --> 46:39.280]  I ain't asking for much, I ain't trying to be no glutton.
[46:39.280 --> 46:45.280]  I'm just here making my living pushing buttons.
[46:45.280 --> 46:51.280]  I get my message out to anyone in shot and distant.
[46:51.280 --> 46:56.280]  I'm both for bravery and against slavery, showing resistance.
[46:56.280 --> 47:01.280]  First I'm crawling, then I'm walking, then I start strutting.
[47:01.280 --> 47:09.280]  I'm just so glad to make my living pushing buttons.
[47:09.280 --> 47:19.280]  Whoa, yeah.
[47:19.280 --> 47:24.280]  We sat down to play Monopoly, we all wanted to win the game.
[47:24.280 --> 47:30.280]  We gave some guy his money supply, but nothing, I've been thinking with my brain.
[47:30.280 --> 47:34.280]  After some time, the worth of my time got me down to dinner.
[47:34.280 --> 47:41.280]  There's nothing I might have been doing all right until I make my living pushing buttons.
[47:41.280 --> 47:43.280]  Yeah.
[47:43.280 --> 47:50.280]  Whoa.
[47:50.280 --> 47:53.280]  Okay, folks, we're back, we're taking a call.
[47:53.280 --> 47:55.280]  Scotty is up next.
[47:55.280 --> 48:02.280]  Okay, but before we go to Scotty, let's finish up on this statue that Eddie had brought up.
[48:02.280 --> 48:05.280]  I don't know, maybe I'm wrong here.
[48:05.280 --> 48:08.280]  Randy, Eddie, maybe correct me if I'm wrong.
[48:08.280 --> 48:13.280]  What it looks like to me is that this statute is just following basic principles of jurisprudence,
[48:13.280 --> 48:23.280]  which is if there is a situation to which there is no court rule or statute which is applicable,
[48:23.280 --> 48:29.280]  then you look to the case law, and that's pretty much just across the board.
[48:29.280 --> 48:37.280]  That's across the board concerning importing case law from one state into another state regarding state cases.
[48:37.280 --> 48:41.280]  That's the principle regarding federal cases.
[48:41.280 --> 48:51.280]  If there's no federal case law that addresses a certain issue, then you can import state case law, et cetera, et cetera.
[48:51.280 --> 48:58.280]  If there's a state case and there's no state case law in that state, you can import federal or other case law.
[48:58.280 --> 49:05.280]  This is just a basic principle that if you're dealing with a situation to which there's no statute or rule that applies,
[49:05.280 --> 49:11.280]  then you go to the case law, and that's just a general principle of jurisprudence.
[49:11.280 --> 49:20.280]  That's why this statute exists, but I think that in general you want to look to the statute and the rules first.
[49:20.280 --> 49:26.280]  Randy, am I understanding this correctly or am I totally off base here?
[49:26.280 --> 49:36.280]  When we talk about this theoretically, this is a difficult spot because the criminal procedure code
[49:36.280 --> 49:42.280]  does not directly point you to the rules of civil procedure,
[49:42.280 --> 49:51.280]  but the rules of civil procedure go to who sits where, where the bailiff stands,
[49:51.280 --> 49:57.280]  how you file a motion, how you get a motion put on to be heard.
[49:57.280 --> 50:08.280]  These are just basic generic jurisprudence, and any time you don't have a procedure in the code of criminal procedure,
[50:08.280 --> 50:13.280]  it's safe to go look in the rules of civil procedure.
[50:13.280 --> 50:24.280]  But we have had instances where idiot prosecutors in municipal courts will say, oh, we don't go by the rules of civil procedure,
[50:24.280 --> 50:29.280]  we go by the Chapter 45, and that's absolute utter nonsense,
[50:29.280 --> 50:38.280]  and that's because these attorneys are for the most part low-level flunkies who couldn't make it as attorneys in their own right,
[50:38.280 --> 50:41.280]  so they go to work for the government where they don't have to function.
[50:41.280 --> 50:47.280]  And so we get some really non-functional attorneys, and they do dumb stuff.
[50:47.280 --> 50:58.280]  But for the most part, you can be safe going to the rules of civil procedure for something that's not covered in the code of criminal procedure.
[50:58.280 --> 51:09.280]  But Eddie's right in the end. In the end, it goes to common law, which is the case law, the rulings of judges.
[51:09.280 --> 51:21.280]  But in saying that, if you don't have something to work from like the rules of civil procedure, you're kind of hanging out in the wind.
[51:21.280 --> 51:33.280]  Going to case law for every issue that's not in the code of criminal procedure will make it extremely difficult just to figure out how to file a motion.
[51:33.280 --> 51:37.280]  I don't even know if that's in the law at all.
[51:37.280 --> 51:41.280]  I know you're not filing a motion, getting a motion on for hearing.
[51:41.280 --> 51:49.280]  That's not in there anywhere. It's not in the rules of civil procedure, it's not in the code of criminal procedure, it's not anywhere.
[51:49.280 --> 51:52.280]  It's just how they do it.
[51:52.280 --> 52:00.280]  And so, primarily, first we have to do things pretty much the way they're done.
[52:00.280 --> 52:16.280]  And this is incredibly complex stuff. The legislature has not addressed every single minor point because it hasn't been necessary.
[52:16.280 --> 52:30.280]  Things that are absolutely normal and the way things in an ordered society are done are not necessarily required to be codified into code.
[52:30.280 --> 52:35.280]  Only things that come to contentious points need to be codified into code.
[52:35.280 --> 52:41.280]  I know I sound like I'm running around in a circle, but this is kind of a difficult issue.
[52:41.280 --> 52:46.280]  Well, Randy, I think it makes sense to me and I'll tell you why.
[52:46.280 --> 52:50.280]  The different branches of government, this kind of goes with separation of powers.
[52:50.280 --> 52:57.280]  The different branches of government don't really have authority to tell each other what to do or how to conduct their own business.
[52:57.280 --> 53:06.280]  The legislature really doesn't have authority to tell the courts how to run the court system regarding the rules of court.
[53:06.280 --> 53:15.280]  The only situation where the legislature could step in or another branch could step in, like a grand jury or something,
[53:15.280 --> 53:21.280]  is if the court establishes rules that violate a right to violate due process.
[53:21.280 --> 53:29.280]  But other than that, it's really not even appropriate for Congress to legislate what the rules of court are.
[53:29.280 --> 53:34.280]  Actually, they don't. The rules of court are done by the courts.
[53:34.280 --> 53:39.280]  They're not laws. They're not statutes. They're just rules.
[53:39.280 --> 53:48.280]  The legislature cannot write law dictating how the court is to make a decision
[53:48.280 --> 53:56.280]  or adjudicate a particular case before it as far as that goes.
[53:56.280 --> 54:02.280]  Now, they can lay out what the elements of an offense are and the court must abide by that.
[54:02.280 --> 54:09.280]  They can lay out what the procedure that the court must follow in order to assure due process is,
[54:09.280 --> 54:15.280]  as long as that statute, again, does not violate constitutional protections and mandates.
[54:15.280 --> 54:18.280]  So they can direct the court.
[54:18.280 --> 54:29.280]  They cannot tell the court how to exercise a discretionary capacity as long as the law that they're using is clear.
[54:29.280 --> 54:32.280]  And that's absolutely true.
[54:32.280 --> 54:43.280]  And what the legislature has done as to the actual operation of the court
[54:43.280 --> 54:53.280]  hasn't passed statute concerning 90 percent of what the court actually does in the day-to-day operation of the courts.
[54:53.280 --> 55:00.280]  They left that for the courts to set up rules so that they have an orderly court procedure.
[55:00.280 --> 55:04.280]  Well, Randy, what is the purpose of this statute that Eddie is discussing here?
[55:04.280 --> 55:11.280]  What is the purpose of this statute and when is it appropriate for it to be invoked and how is it invoked?
[55:11.280 --> 55:25.280]  Well, we went to a statutory system, but the statutes just cannot address every issue that comes along.
[55:25.280 --> 55:29.280]  And that's why we have judges there.
[55:29.280 --> 55:39.280]  You go to the judge and the judge expects you to bring him the facts and bring him the law that you maintain addresses these facts.
[55:39.280 --> 55:48.280]  He expects the other side to do the same thing and then he looks at it and he finds a just application of the law to the facts.
[55:48.280 --> 55:57.280]  There are issues that the legislature just did not consider that come up in ordinary life all the time.
[55:57.280 --> 56:00.280]  And it is the common law.
[56:00.280 --> 56:07.280]  It is the opinions of the courts that fill in these gaps between the statutes.
[56:07.280 --> 56:10.280]  So that's why it's there.
[56:10.280 --> 56:25.280]  If the law doesn't specifically address this very particular issue, then you go to what the courts have looked at and said this goes to the intent of the statute.
[56:25.280 --> 56:34.280]  Even though the statute didn't go quite to this finer detail, this will support the legislative intent.
[56:34.280 --> 56:44.280]  So we need the common law because almost no case lands exactly on the statute.
[56:44.280 --> 56:54.280]  Unless it's a criminal complaint that I file and I file them exactly on the statute, but that's contrived to be that way.
[56:54.280 --> 57:03.280]  When things just happen, especially in cases where human beings are interacting with one another, it's always sloppy.
[57:03.280 --> 57:11.280]  There are always things that don't fit exactly neatly into the statute.
[57:11.280 --> 57:17.280]  So we need the common law to fill in the gaps.
[57:17.280 --> 57:22.280]  But I don't think that particular one wasn't going to rules.
[57:22.280 --> 57:28.280]  It was going to the code of criminal procedure or statutes.
[57:28.280 --> 57:37.280]  And we have statutes that are law and then we have common law that fills in the gaps between the statutes.
[57:37.280 --> 57:41.280]  The rules of civil procedure, they're just this is how we come into court.
[57:41.280 --> 57:44.280]  This is when we set down.
[57:44.280 --> 57:46.280]  This is how we file a motion.
[57:46.280 --> 57:48.280]  This is how long you got to answer a motion.
[57:48.280 --> 57:55.280]  This is just so the court can move along in an ordered and civil fashion.
[57:55.280 --> 57:58.280]  Does that make sense, guys?
[57:58.280 --> 58:03.280]  I'm struggling here.
[58:03.280 --> 58:05.280]  That was good timing.
[58:05.280 --> 58:11.280]  OK, Scotty, we're going to take you as soon as we come back.
[58:11.280 --> 58:18.280]  I'm hoping this makes sense, but this is an issue that kind of falls between the cracks in the law.
[58:18.280 --> 58:21.280]  You almost sounded like a government lawyer there.
[58:21.280 --> 58:22.280]  I did?
[58:22.280 --> 58:24.280]  Oh, cool.
[58:24.280 --> 58:30.280]  OK, this is Randy Kelton, Debra Stevens, Eddie Craig, Newslaw Radio.
[58:30.280 --> 58:32.280]  We've got another hour.
[58:32.280 --> 58:36.280]  Our call-in number is 646-1984.
[58:36.280 --> 58:44.280]  Call us with questions and comments and we will go directly to your calls when we come back.
[58:44.280 --> 58:46.280]  We've got Scotty, Randy, and Joe.
[58:46.280 --> 58:59.280]  See you shortly on the other side.
[58:59.280 --> 59:03.280]  The Bible remains the most popular book in the world,
[59:03.280 --> 59:07.280]  yet countless readers are frustrated because they struggle to understand it.
[59:07.280 --> 59:11.280]  Some new translations try to help by simplifying the text,
[59:11.280 --> 59:16.280]  but in the process can compromise the profound meaning of the Scripture.
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[59:57.280 --> 01:00:04.280]  That's freestudybible.com.
[01:00:04.280 --> 01:00:09.280]  A leaked UN report disclosed Friday a U.S.-backed Tajik warlord in Afghanistan
[01:00:09.280 --> 01:00:16.280]  has been on a campaign of rape and murder, desecration of mosques and mutilation of corpses for the past two years.
[01:00:16.280 --> 01:00:19.280]  Despite repeated warnings about Azizullah's atrocities,
[01:00:19.280 --> 01:00:24.280]  he has remained on the payroll of the U.S. military as part of the Afghan security guard,
[01:00:24.280 --> 01:00:27.280]  a select band of mercenaries.
[01:00:27.280 --> 01:00:30.280]  The House Energy and Commerce Committee passed legislation Monday
[01:00:30.280 --> 01:00:36.280]  voiding the Environmental Protection Agency's mandate to regulate heat-trapping gases.
[01:00:36.280 --> 01:00:40.280]  The bill effectively gutting the Clean Air Act is expected to pass the House.
[01:00:40.280 --> 01:00:43.280]  However, there is opposition to the bill in the Senate.
[01:00:43.280 --> 01:00:49.280]  Senate Majority Leader Mitch McConnell has offered the same bill as an amendment to a small business bill
[01:00:49.280 --> 01:00:53.280]  in what critics say is an effort to sneak his bill through.
[01:00:53.280 --> 01:00:57.280]  The U.S. Thursday denied a visa to acclaimed women's rights activist
[01:00:57.280 --> 01:01:00.280]  and former member of the Afghan parliament, Malala Joya.
[01:01:00.280 --> 01:01:04.280]  The U.S. Embassy told Joya it was denied because she lives underground.
[01:01:04.280 --> 01:01:08.280]  The Afghan Women's Mission called the decision obscene, adding,
[01:01:08.280 --> 01:01:12.280]  the reason Joya lives underground is because she faces the constant threat of death
[01:01:12.280 --> 01:01:16.280]  for having had the courage to speak up for women's rights.
[01:01:16.280 --> 01:01:22.280]  A study by the Pew Environment Group warns Canada must limit large-scale industrial activity
[01:01:22.280 --> 01:01:27.280]  in its boreal forests, the world's largest intact timberland, to preserve millions of lakes
[01:01:27.280 --> 01:01:30.280]  and rivers critical to forming Arctic sea ice.
[01:01:30.280 --> 01:01:36.280]  Canada's boreal forest contains more unfrozen fresh water than any other ecosystem,
[01:01:36.280 --> 01:01:39.280]  more than 197 million acres.
[01:01:39.280 --> 01:01:44.280]  Maintaining its flow, which contributes most of the fresh water flowing into the Arctic Ocean,
[01:01:44.280 --> 01:01:49.280]  is critical to forming Arctic ice as they decrease the salinity of the sea water,
[01:01:49.280 --> 01:01:51.280]  allowing it to freeze quicker.
[01:01:51.280 --> 01:01:55.280]  The study warns rapidly increasing forestry, oil and gas extraction,
[01:01:55.280 --> 01:02:01.280]  mining and hydropower generation are reducing the boreal's water quality and quantity.
[01:02:01.280 --> 01:02:07.280]  Lakes have been drained to access underground minerals or dispose of tailings and other mined waste.
[01:02:07.280 --> 01:02:12.280]  Erosion after logging is increasing amounts of silt and water flowing into rivers,
[01:02:12.280 --> 01:02:14.280]  reducing regional precipitation.
[01:02:14.280 --> 01:02:19.280]  Hydroelectric dams have also degraded the wetlands.
[01:02:19.280 --> 01:02:25.280]  Japanese engineers said Friday that burying the crippled Fukushima nuclear reactor in sand and concrete
[01:02:25.280 --> 01:02:28.280]  may be the only way to prevent a catastrophic radiation leak,
[01:02:28.280 --> 01:02:33.280]  the method used to seal huge leakages from Chernobyl in 1986.
[01:02:33.280 --> 01:02:37.280]  Officials said they still hope to connect a power cable to at least two reactors
[01:02:37.280 --> 01:02:41.280]  to restart water pumps needed to cool overheating nuclear fuel rods.
[01:02:41.280 --> 01:02:46.280]  It was the first time facility operator Tokyo Electric Power acknowledged
[01:02:46.280 --> 01:02:50.280]  that burying the plant was an option and a sign that piecemeal actions
[01:02:50.280 --> 01:03:17.280]  such as dumping water were having little success.
[01:03:20.280 --> 01:03:22.280]  Yeah,
[01:03:22.280 --> 01:03:25.280]  a story for every mother here
[01:03:25.280 --> 01:03:30.280]  like how we're not going to give in to fear
[01:03:30.280 --> 01:03:34.280]  yeah, a story
[01:03:34.280 --> 01:03:39.280]  alright, alright, alright
[01:03:39.280 --> 01:03:43.280]  How will I find my father's house
[01:03:43.280 --> 01:03:46.280]  until he returns
[01:03:46.280 --> 01:03:50.280]  How will I find my father's house
[01:03:50.280 --> 01:03:54.280]  He has to be with the strength and wisdom
[01:03:54.280 --> 01:03:57.280]  I will aid when I can search
[01:03:57.280 --> 01:04:00.280]  How will I find my father's house
[01:04:00.280 --> 01:04:05.280]  Yeah, I will find my father's house
[01:04:05.280 --> 01:04:08.280]  I will fill out these chains
[01:04:08.280 --> 01:04:12.280]  How will I find my father's house
[01:04:12.280 --> 01:04:16.280]  I will guard these walls if they say
[01:04:16.280 --> 01:04:18.280]  They come to take me
[01:04:18.280 --> 01:04:21.280]  Alright folks, we are back. This is Rule of Law Radio.
[01:04:21.280 --> 01:04:25.280]  Just real quick, I just want to summarize my viewpoint on what I brought in
[01:04:25.280 --> 01:04:29.280]  to this conversation with article 1.27.
[01:04:29.280 --> 01:04:34.280]  Basically what I'm getting at here is that according to this statute
[01:04:34.280 --> 01:04:38.280]  that it does place the onus on the individual
[01:04:38.280 --> 01:04:43.280]  if the code of criminal procedure does not address
[01:04:43.280 --> 01:04:48.280]  a rule of procedure within its contents anywhere
[01:04:48.280 --> 01:04:53.280]  that the individual should not automatically derive
[01:04:53.280 --> 01:04:58.280]  a requisite rule from the rules of civil procedure
[01:04:58.280 --> 01:05:05.280]  this statute says that the first place you should and must look is case law
[01:05:05.280 --> 01:05:09.280]  just in case there is case law that addresses the issue
[01:05:09.280 --> 01:05:14.280]  but fails to direct you to any other rule of procedure
[01:05:14.280 --> 01:05:22.280]  if that happens, that case law is going to take precedent over that rule
[01:05:22.280 --> 01:05:27.280]  and if you're citing the rule and there is an opposing case to that
[01:05:27.280 --> 01:05:32.280]  that case, if it's used by the other side, will trump your argument
[01:05:32.280 --> 01:05:37.280]  so it does create an onus in that regard when there is no rule
[01:05:37.280 --> 01:05:41.280]  specific to a given procedure that's covered here
[01:05:41.280 --> 01:05:48.280]  but that's what article 1.27 code of criminal procedure appears to be mandating
[01:05:48.280 --> 01:05:51.280]  that you must check the case law first
[01:05:51.280 --> 01:05:57.280]  just in case there is a rule created by the courts through decision
[01:05:57.280 --> 01:06:03.280]  that would apply above and beyond any other codified rule
[01:06:03.280 --> 01:06:07.280]  and hopefully that will clarify it and everybody will understand that
[01:06:07.280 --> 01:06:09.280]  but that was what I was trying to get at
[01:06:09.280 --> 01:06:14.280]  it's not enough that you just jump directly to some other rule of procedure
[01:06:14.280 --> 01:06:20.280]  just because the code of criminal procedure does not address it
[01:06:20.280 --> 01:06:24.280]  this section says don't do that
[01:06:24.280 --> 01:06:26.280]  you gave me a headache
[01:06:26.280 --> 01:06:28.280]  that makes perfect
[01:06:28.280 --> 01:06:30.280]  I'm sorry, go ahead Randy
[01:06:30.280 --> 01:06:34.280]  we have to go to case law for these issues
[01:06:34.280 --> 01:06:37.280]  it's really going to give me a headache
[01:06:37.280 --> 01:06:40.280]  well I think I understand what Eddie is saying
[01:06:40.280 --> 01:06:46.280]  Eddie is saying that this statute is saying that you can't
[01:06:46.280 --> 01:06:50.280]  if a certain rule doesn't apply, you can't just invoke another rule
[01:06:50.280 --> 01:06:53.280]  and make that leap
[01:06:53.280 --> 01:06:58.280]  if one rule doesn't apply, you can't just automatically invoke another rule
[01:06:58.280 --> 01:07:01.280]  just like picking a card out of the deck
[01:07:01.280 --> 01:07:06.280]  because the one card doesn't fit your needs for the hand you want to play
[01:07:06.280 --> 01:07:10.280]  if a rule doesn't apply, then you have to go to case law
[01:07:10.280 --> 01:07:14.280]  you can't just make some leap to invoke another rule
[01:07:14.280 --> 01:07:17.280]  is that what you're basically saying, Eddie?
[01:07:17.280 --> 01:07:19.280]  yeah, that's pretty much it
[01:07:19.280 --> 01:07:25.280]  and that fits, but it just gives me a headache
[01:07:25.280 --> 01:07:29.280]  okay, we need to go on to callers
[01:07:29.280 --> 01:07:33.280]  thank you Eddie, you clarified what I couldn't
[01:07:33.280 --> 01:07:35.280]  you're welcome
[01:07:35.280 --> 01:07:39.280]  I'm sorry for all the confusion if there was any
[01:07:39.280 --> 01:07:41.280]  now I've got a headache
[01:07:41.280 --> 01:07:45.280]  okay, now we're going to go to Scotty in Texas
[01:07:45.280 --> 01:07:48.280]  Eddie stumped the chump
[01:07:48.280 --> 01:07:51.280]  he chumped the stump
[01:07:51.280 --> 01:07:53.280]  okay, Scotty, what do you got for us?
[01:07:53.280 --> 01:07:57.280]  I just want to say that the 15th of this month, Mark
[01:07:57.280 --> 01:08:03.280]  the people of Miami recalled the mayor and one of the city councilwomen
[01:08:03.280 --> 01:08:09.280]  because they passed a law increasing property taxes
[01:08:09.280 --> 01:08:11.280]  and they voted the city employees a right
[01:08:11.280 --> 01:08:15.280]  I believe it's one of the greatest examples of the political process working
[01:08:15.280 --> 01:08:18.280]  maybe in the history of the United States
[01:08:18.280 --> 01:08:23.280]  but my question is why do I not see it in the headlines in the newspapers
[01:08:23.280 --> 01:08:29.280]  why don't I see the story on the 6 o'clock news or the national news
[01:08:29.280 --> 01:08:32.280]  I finally saw it on Follow the Money on Fox Business
[01:08:32.280 --> 01:08:35.280]  and then I didn't Google it, I start paged it
[01:08:35.280 --> 01:08:41.280]  and they said that the search said that it did happen
[01:08:41.280 --> 01:08:45.280]  and I wanted to be reported on
[01:08:45.280 --> 01:08:47.280]  is this Miami, Florida?
[01:08:47.280 --> 01:08:51.280]  Miami, Florida, one of the 40th and 50th biggest cities in the United States of America
[01:08:51.280 --> 01:08:55.280]  had their mayor recalled, Houston
[01:08:55.280 --> 01:08:59.280]  I'm surprised that didn't make major news
[01:08:59.280 --> 01:09:02.280]  it's unbelievable
[01:09:02.280 --> 01:09:07.280]  not surprising, surprising and unbelievable that it's not making major news
[01:09:07.280 --> 01:09:10.280]  that is wonderful though
[01:09:10.280 --> 01:09:17.280]  that tells us that the political process works
[01:09:17.280 --> 01:09:23.280]  and the people are getting PO'd and they're actually working the process
[01:09:23.280 --> 01:09:27.280]  there you go, that's it, alright
[01:09:27.280 --> 01:09:32.280]  I don't guess I get there, there's no answer to that but goodbye
[01:09:32.280 --> 01:09:36.280]  thank you, that was a good comment, that's a good piece of information
[01:09:36.280 --> 01:09:40.280]  thanks Scotty
[01:09:40.280 --> 01:09:47.280]  okay, we're going to go to Joe in New York
[01:09:47.280 --> 01:09:50.280]  and yes folks, we are making a difference because of you
[01:09:50.280 --> 01:09:52.280]  you are the difference
[01:09:52.280 --> 01:09:56.280]  Joe from New York, what is your question or comment tonight?
[01:09:56.280 --> 01:09:59.280]  Hi, I'm calling from Poughkeepsie, New York
[01:09:59.280 --> 01:10:03.280]  and I got a question, I'm trying to figure out the difference between
[01:10:03.280 --> 01:10:10.280]  commonwealth states and regular states
[01:10:10.280 --> 01:10:16.280]  well for the most part, a commonwealth state is based on the English law
[01:10:16.280 --> 01:10:21.280]  and the other states are based on Spanish law
[01:10:21.280 --> 01:10:26.280]  but since they all fall under the federal constitution
[01:10:26.280 --> 01:10:32.280]  it's mostly how they structure their courts
[01:10:32.280 --> 01:10:35.280]  and what they call their officers
[01:10:35.280 --> 01:10:43.280]  because none of the states that follow the Spanish law have a prothonotary
[01:10:43.280 --> 01:10:45.280]  that's only in a commonwealth
[01:10:45.280 --> 01:10:47.280]  what is that Randy?
[01:10:47.280 --> 01:10:54.280]  a prothonotary is the county clerk in Pennsylvania
[01:10:54.280 --> 01:11:06.280]  okay, and now the breakdown, what would the difference be as far as the difference in criminal law, traffic law, school districts?
[01:11:06.280 --> 01:11:15.280]  almost none, the differences primarily are in the structure of the courts
[01:11:15.280 --> 01:11:20.280]  and the, mainly what they call them
[01:11:20.280 --> 01:11:25.280]  I haven't found much difference, I've worked in commonwealth states
[01:11:25.280 --> 01:11:31.280]  and I haven't found any real difference, they all follow the federal law
[01:11:31.280 --> 01:11:35.280]  and so basically the law is the same
[01:11:35.280 --> 01:11:40.280]  and that was really important that all the law be basically the same
[01:11:40.280 --> 01:11:43.280]  I'm sure there's a difference between the commonwealths
[01:11:43.280 --> 01:11:47.280]  but as far as my experience working with them in law
[01:11:47.280 --> 01:11:52.280]  I haven't seen any difference that was of any real importance
[01:11:52.280 --> 01:11:54.280]  well wait a minute Randy, as far as this county clerk
[01:11:54.280 --> 01:11:59.280]  we have a county clerk, we have county clerks here in Texas and they're elected officials
[01:11:59.280 --> 01:12:04.280]  yeah but we call them county clerks, in Pennsylvania they call them a prothonotary
[01:12:04.280 --> 01:12:09.280]  it's just a difference in name, they do the same things
[01:12:09.280 --> 01:12:17.280]  in Pennsylvania the lowest level court is the court of common please
[01:12:17.280 --> 01:12:22.280]  and a number of the commonwealths have the court of common please
[01:12:22.280 --> 01:12:27.280]  this is just a naming structure for the commonwealths
[01:12:27.280 --> 01:12:35.280]  and I'm sure somebody's going to call in and tell us something that I obviously don't know about commonwealths
[01:12:35.280 --> 01:12:43.280]  but as to exercising law I haven't seen much difference
[01:12:43.280 --> 01:12:49.280]  okay and why wouldn't the other states, why wouldn't they join the other states
[01:12:49.280 --> 01:12:55.280]  I mean why would the poor just stay out there pretty much on their own
[01:12:55.280 --> 01:13:00.280]  well they just had a legal process in place when they became states
[01:13:00.280 --> 01:13:07.280]  and they saw no reason to abandon what was already working for them
[01:13:07.280 --> 01:13:12.280]  that's a big deal to change all of your court structures
[01:13:12.280 --> 01:13:16.280]  and I suspect that it's kind of like the Amish
[01:13:16.280 --> 01:13:21.280]  I was talking to an Amish man one time when I was in Pennsylvania
[01:13:21.280 --> 01:13:30.280]  and I asked him is there a religious significance to the fact that you don't use any of the modern amenities
[01:13:30.280 --> 01:13:33.280]  and he said no
[01:13:33.280 --> 01:13:36.280]  well why don't you use them
[01:13:36.280 --> 01:13:39.280]  but we just never did
[01:13:39.280 --> 01:13:44.280]  oh okay
[01:13:44.280 --> 01:13:50.280]  so it's just the way they've always done it and I guess they didn't see any reason to change
[01:13:50.280 --> 01:13:54.280]  I don't know, I'm just talking off the top of my head, I really don't know
[01:13:54.280 --> 01:13:59.280]  okay because I was just wondering if there was any difference in the federal funding of monies
[01:13:59.280 --> 01:14:02.280]  the breakdown in school districts
[01:14:02.280 --> 01:14:06.280]  you know just the breakdown in pretty much all levels of government
[01:14:06.280 --> 01:14:09.280]  if they are formed and they are a little bit different you know
[01:14:09.280 --> 01:14:15.280]  and why haven't the poor kind of gone into like you said maybe just the process of doing it
[01:14:15.280 --> 01:14:20.280]  but you know what's the benefit
[01:14:20.280 --> 01:14:21.280]  okay what are they?
[01:14:21.280 --> 01:14:23.280]  they're Pennsylvania, Virginia
[01:14:23.280 --> 01:14:25.280]  right, Massachusetts
[01:14:25.280 --> 01:14:28.280]  is it Massachusetts and New Jersey?
[01:14:28.280 --> 01:14:34.280]  no, it's Pennsylvania, Virginia, Massachusetts, Kentucky
[01:14:34.280 --> 01:14:36.280]  Kentucky, oh
[01:14:36.280 --> 01:14:38.280]  yeah
[01:14:38.280 --> 01:14:41.280]  I used to live in Tennessee right across the line from Kentucky
[01:14:41.280 --> 01:14:47.280]  and I've worked in Massachusetts, Virginia and Pennsylvania
[01:14:47.280 --> 01:14:49.280]  and I haven't seen any difference
[01:14:49.280 --> 01:14:53.280]  the fact that they called it a commonwealth made no difference
[01:14:53.280 --> 01:14:56.280]  as far as what we did
[01:14:56.280 --> 01:14:59.280]  so there probably is one
[01:14:59.280 --> 01:15:09.280]  but as far as the practice of law I haven't seen enough difference that it would matter
[01:15:09.280 --> 01:15:15.280]  I haven't found any more difference in a commonwealth than in another state
[01:15:15.280 --> 01:15:18.280]  every state is somewhat different
[01:15:18.280 --> 01:15:21.280]  but basically the same
[01:15:21.280 --> 01:15:23.280]  okay
[01:15:23.280 --> 01:15:26.280]  alright well that's alright a little bit anyway
[01:15:26.280 --> 01:15:30.280]  I'm just I've always been kind of baffled how the four are separate
[01:15:30.280 --> 01:15:37.280]  this is this is difficult two in the row chunk the stump
[01:15:37.280 --> 01:15:43.280]  okay well thanks for your knowledge and I appreciate it
[01:15:43.280 --> 01:15:46.280]  and so have a great night and I'll continue listening
[01:15:46.280 --> 01:15:49.280]  I do have a little bit more information on this
[01:15:49.280 --> 01:15:59.280]  just looking on Wikipedia and this is something you know and I don't necessarily consider Wikipedia that valid of a source of information
[01:15:59.280 --> 01:16:09.280]  but it's saying that a commonwealth the legal status of a commonwealth is different from a state
[01:16:09.280 --> 01:16:14.280]  they are considered unincorporated territories of the United States
[01:16:14.280 --> 01:16:20.280]  so I don't know exactly what that means but that's just what Wikipedia is saying just browsing through here
[01:16:20.280 --> 01:16:27.280]  I think possibly they may have a different legal or perhaps even different commercial status
[01:16:27.280 --> 01:16:38.280]  from others from a state and also calling it an unincorporated territory places it places it directly under congressional control
[01:16:38.280 --> 01:16:43.280]  that would be a problem that can't possibly be right if it pertains to a state of the union
[01:16:43.280 --> 01:16:52.280]  and there's also from what I've seen some commonwealths don't employ the grand jury system which is also a problem
[01:16:52.280 --> 01:16:59.280]  so this is something that we should look into alright we'll be right back folks
[01:16:59.280 --> 01:17:07.280]  capital coin and bullion is your local source for rare coins precious metals and coin supplies in the Austin metro area
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[01:17:27.280 --> 01:17:35.280]  we're on the west side of Burnett Road in the Stanley Insurance Building on the ground floor next to the Ishiban Sushi and the Jeannie Car Wash
[01:17:35.280 --> 01:17:41.280]  we're open Monday through Friday 10 to 6 Saturdays 10 to 5 you're welcome to stop in during regular business hours
[01:17:41.280 --> 01:17:50.280]  or call 512-646-6440 ask for Chad or Becky and say that you heard about us on Rule of Law Radio or Texas Liberty Radio
[01:17:50.280 --> 01:17:59.280]  that's capital coin and bullion at our new location at 7304 Burnett Road Suite A or call 512-646-6440
[01:17:59.280 --> 01:18:04.280]  my name is Randall Kelton and I co-host on Rule of Law Radio
[01:18:04.280 --> 01:18:09.280]  we specialize in showing people how to strike back against corrupt public officials
[01:18:09.280 --> 01:18:15.280]  at the mortgage crisis worsening we set our sights on finding a remedy for people who have been cheated by their lenders
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[01:18:20.280 --> 01:18:29.280]  but there is a remedy go to remediesinrealestate.com or call me at 512-430-4140
[01:18:29.280 --> 01:18:36.280]  and find out how to use the consumer protection laws to recover what the lenders have stolen through fraud and deception
[01:18:36.280 --> 01:18:43.280]  we will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime
[01:18:43.280 --> 01:18:47.280]  lender fraud is bankrupting this country and it's time to fight back
[01:18:47.280 --> 01:19:02.280]  go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the money changers in their tracks
[01:19:02.280 --> 01:19:31.280]  oh come on
[01:19:31.280 --> 01:19:43.280]  okay folks we are back and we definitely need to look into the situation of what is the difference between a so called commonwealth and a state
[01:19:43.280 --> 01:19:54.280]  and it's something that definitely needs to be researched but Joe just to answer your question why haven't these four commonwealths made the change
[01:19:54.280 --> 01:20:02.280]  and I would think the main reason that they wouldn't have done that is because they would have to scrap their current constitution
[01:20:02.280 --> 01:20:08.280]  in order to change that status and call themselves a state rather than a commonwealth
[01:20:08.280 --> 01:20:12.280]  and just breezing through this Wikipedia article and talking with Eddie on the break
[01:20:12.280 --> 01:20:18.280]  it almost would imply some kind of subservience as a stat
[01:20:18.280 --> 01:20:30.280]  Randy I hear some static on your end of the line it could potentially imply some sort of status as a territory or even a colony
[01:20:30.280 --> 01:20:33.280]  perhaps that's why they call themselves commonwealths to begin with
[01:20:33.280 --> 01:20:41.280]  where like Eddie was saying directly under the legislative federal legislative authority
[01:20:41.280 --> 01:20:46.280]  so it may not be such a good thing to be a commonwealth and if they didn't want to be a commonwealth anymore
[01:20:46.280 --> 01:20:50.280]  they would have to enact a new constitution to call themselves a state
[01:20:50.280 --> 01:20:55.280]  Randy are you okay Randy?
[01:20:55.280 --> 01:20:57.280]  Oh sorry I thought I was muted
[01:20:57.280 --> 01:21:01.280]  Okay poor Randy
[01:21:01.280 --> 01:21:06.280]  Anyways state generally implies sovereignty and anytime I hear the word common
[01:21:06.280 --> 01:21:14.280]  in regards to the description of a structure of government you know red flags raise in my mind
[01:21:14.280 --> 01:21:20.280]  so it's something that needs to be researched but the bottom line the answer to the question is
[01:21:20.280 --> 01:21:24.280]  if they didn't want to be a commonwealth anymore they'd need to scrap their current constitution
[01:21:24.280 --> 01:21:30.280]  and formulate a new one so does that answer your question for the time being Joe?
[01:21:30.280 --> 01:21:33.280]  Folks need to do more research on the issue do you have anything else?
[01:21:33.280 --> 01:21:41.280]  Well it helps a little bit but I just don't know why the rest of the states wouldn't say hey come on Kentucky
[01:21:41.280 --> 01:21:49.280]  you know Massachusetts, Pennsylvania, Virginia you know come on aboard you know this is 2011 why don't you join us?
[01:21:49.280 --> 01:21:55.280]  Well wait a minute number one it's none of our business they can do whatever they want
[01:21:55.280 --> 01:22:02.280]  and number two what does it mean to be on board I mean these are supposed to be sovereign entities
[01:22:02.280 --> 01:22:07.280]  so they can do whatever they want
[01:22:07.280 --> 01:22:09.280]  Okay well
[01:22:09.280 --> 01:22:20.280]  the people and the public servants of one state don't really have the authority to tell another state what to do
[01:22:20.280 --> 01:22:27.280]  Right you know I guess I really don't have the knowledge enough knowledge to really comment on this
[01:22:27.280 --> 01:22:34.280]  so I'm just going to keep quiet that's why I called you to try to learn a little bit more about it
[01:22:34.280 --> 01:22:39.280]  Well it is a very good question what is the difference between a commonwealth and a state
[01:22:39.280 --> 01:22:47.280]  and you know I just have done some very brief research during the break and while you were talking
[01:22:47.280 --> 01:22:51.280]  and so we certainly need to do more research on the issue
[01:22:51.280 --> 01:22:56.280]  Great well I really appreciate you guys looking into this
[01:22:56.280 --> 01:23:00.280]  Why don't you go ahead Randy
[01:23:00.280 --> 01:23:03.280]  I think he just called in to chump the stuff
[01:23:03.280 --> 01:23:07.280]  He called in to stump the chumps and he did it's a good question Joe
[01:23:07.280 --> 01:23:12.280]  so you know why don't you do some research on it too and maybe you can call us back and let us know
[01:23:12.280 --> 01:23:15.280]  Great okay guys well thanks for your time have a great night
[01:23:15.280 --> 01:23:16.280]  Okay thank you
[01:23:16.280 --> 01:23:17.280]  Take care
[01:23:17.280 --> 01:23:18.280]  Take care you too God bless
[01:23:18.280 --> 01:23:26.280]  Alright we're going to go now to Claudio in California apparently has some kind of a hearing on Monday
[01:23:26.280 --> 01:23:30.280]  so go ahead Claudio what is your question tonight
[01:23:30.280 --> 01:23:37.280]  Well basically what should I expect I never had the experience of hearing for the
[01:23:37.280 --> 01:23:41.280]  actually it's a trial for the unlawful detainer
[01:23:41.280 --> 01:23:46.280]  Okay have you filed an objection to the unlawful detainer
[01:23:46.280 --> 01:23:52.280]  No no this is a trial oh yeah no no I filed an answer to the unlawful detainer
[01:23:52.280 --> 01:23:57.280]  and then I filed at the beginning I filed a motion to quash I was denied
[01:23:57.280 --> 01:24:01.280]  so I filed the answer to the unlawful detainer
[01:24:01.280 --> 01:24:03.280]  What were your claims?
[01:24:03.280 --> 01:24:04.280]  I'm sorry?
[01:24:04.280 --> 01:24:06.280]  What were your claims?
[01:24:06.280 --> 01:24:14.280]  Well the trust itself is invalid because I had a foreclosure examination
[01:24:14.280 --> 01:24:19.280]  an auditor did a foreclosure examination and he came up with a couple of things
[01:24:19.280 --> 01:24:28.280]  that Merge didn't have the right to the Simon Ditto Trust and the people from the trusty company
[01:24:28.280 --> 01:24:36.280]  they fabricated documents they acted as they were employees of Merge
[01:24:36.280 --> 01:24:38.280]  So basically
[01:24:38.280 --> 01:24:44.280]  And Merge has collaterally stopped from foreclosing
[01:24:44.280 --> 01:24:50.280]  Yes but they take that into consideration
[01:24:50.280 --> 01:24:59.280]  Okay this court is only going to want to rule on who has the right to possession
[01:24:59.280 --> 01:25:00.280]  Yes
[01:25:00.280 --> 01:25:06.280]  The only way you're going to beat this court is to show that the court lacks subject matter jurisdiction
[01:25:06.280 --> 01:25:08.280]  Okay
[01:25:08.280 --> 01:25:12.280]  There has to be a claim that this court can't hear
[01:25:12.280 --> 01:25:13.280]  Okay
[01:25:13.280 --> 01:25:22.280]  And one of the things people have said they've had luck with in California is claims of lack of proper notice
[01:25:22.280 --> 01:25:23.280]  Okay
[01:25:23.280 --> 01:25:28.280]  Lack of proper notice would deny the court subject matter jurisdiction
[01:25:28.280 --> 01:25:37.280]  but also if you make say a fraud claim against the lender or against whoever is doing the foreclosing
[01:25:37.280 --> 01:25:41.280]  that's not a matter this court can hear
[01:25:41.280 --> 01:25:42.280]  Yes
[01:25:42.280 --> 01:25:45.280]  And that would force it into another court
[01:25:45.280 --> 01:25:51.280]  Do your pleadings include a challenge to the jurisdiction of this court?
[01:25:51.280 --> 01:25:52.280]  No
[01:25:52.280 --> 01:25:54.280]  No you don't
[01:25:54.280 --> 01:25:57.280]  Okay take a toothbrush with you
[01:25:57.280 --> 01:25:59.280]  Okay
[01:25:59.280 --> 01:26:02.280]  Just kidding just kidding
[01:26:02.280 --> 01:26:06.280]  Most likely the courts going to rule against you
[01:26:06.280 --> 01:26:07.280]  Okay
[01:26:07.280 --> 01:26:11.280]  And then you immediately appeal have you filed bankruptcy?
[01:26:11.280 --> 01:26:13.280]  No not yet
[01:26:13.280 --> 01:26:19.280]  Okay you might want to consider a chapter 7 but not yet
[01:26:19.280 --> 01:26:20.280]  Okay
[01:26:20.280 --> 01:26:26.280]  A bankruptcy is something you use as a last minute stopgap
[01:26:26.280 --> 01:26:29.280]  You might want to look at a federal suit
[01:26:29.280 --> 01:26:35.280]  Have you asked for prior to foreclosure did you ask for a loan modification?
[01:26:35.280 --> 01:26:37.280]  Yes it was denied
[01:26:37.280 --> 01:26:42.280]  It was denied because of lack of income
[01:26:42.280 --> 01:26:47.280]  You need to if you decide to sue them
[01:26:47.280 --> 01:26:52.280]  Okay this is California there was no state case
[01:26:52.280 --> 01:26:57.280]  I take it there was no filing in the district court
[01:26:57.280 --> 01:27:01.280]  This was just a straight non-judicial foreclosure
[01:27:01.280 --> 01:27:03.280]  Right exactly
[01:27:03.280 --> 01:27:08.280]  Okay then you can either file in the state or federal
[01:27:08.280 --> 01:27:10.280]  Okay
[01:27:10.280 --> 01:27:15.280]  From what I know of California federal is probably safer bet
[01:27:15.280 --> 01:27:20.280]  Unless the climate has changed recently
[01:27:20.280 --> 01:27:29.280]  And you file in the federal and make claims of fraud and breach of fiduciary duty
[01:27:29.280 --> 01:27:39.280]  My cases now all have ongoing criminal conspiracy accused them of criminal theft
[01:27:39.280 --> 01:27:44.280]  Theft by deception which acts as the torrent of fraud
[01:27:44.280 --> 01:27:45.280]  Okay
[01:27:45.280 --> 01:27:51.280]  And this is not something the unlawful detainer court can hear
[01:27:51.280 --> 01:27:59.280]  So you move to challenge the subject matter jurisdiction of this court
[01:27:59.280 --> 01:28:04.280]  There's another thing you can do you can file a removal
[01:28:04.280 --> 01:28:10.280]  You file an action in the federal court and remove it from the unlawful detainer court
[01:28:10.280 --> 01:28:13.280]  Okay bring it over to the federal
[01:28:13.280 --> 01:28:15.280]  Yes
[01:28:15.280 --> 01:28:22.280]  But if you will email me I have some people in California who has done this
[01:28:22.280 --> 01:28:28.280]  I'll get you in contact with them and they can help you get the argument that
[01:28:28.280 --> 01:28:34.280]  They've been having success with in the federal court and in the removal process
[01:28:34.280 --> 01:28:42.280]  You'll have to file a notice of removal with the state court with the unlawful detainer court
[01:28:42.280 --> 01:28:45.280]  And this is not a motion for removal
[01:28:45.280 --> 01:28:51.280]  You actually file the removal when you file it's removed
[01:28:51.280 --> 01:28:52.280]  Okay
[01:28:52.280 --> 01:28:59.280]  And then you file a petition for removal in the federal court in the court you're removing it to
[01:28:59.280 --> 01:29:04.280]  And in that you make your argument for removal
[01:29:04.280 --> 01:29:13.280]  But if you're going to hold me tomorrow I'll get you in touch with someone who has done this and can give you some really good advice
[01:29:13.280 --> 01:29:16.280]  Very good very good
[01:29:16.280 --> 01:29:23.280]  When would I file chapter 7 obviously after the trial right
[01:29:23.280 --> 01:29:30.280]  Okay yeah in chapter 7 you claim that the property is unsecured
[01:29:30.280 --> 01:29:31.280]  Okay
[01:29:31.280 --> 01:29:41.280]  And then it's up to the claimant who's claiming who states a claim he has to prove it up
[01:29:41.280 --> 01:29:45.280]  And if Merz is involved he's not going to be able to
[01:29:45.280 --> 01:29:49.280]  That's how the two won in San Diego
[01:29:49.280 --> 01:29:51.280]  I'll email you
[01:29:51.280 --> 01:29:54.280]  Okay we'll be right back we're going to go to break
[01:29:54.280 --> 01:29:57.280]  Randy Kelton, Deborah Stevens, Eddie Craig, Rue de la Radio
[01:29:57.280 --> 01:29:59.280]  We'll be right back
[01:29:59.280 --> 01:30:04.280]  Are you concerned about rising food costs or uncertain how you will provide for your family in a crisis
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[01:30:31.280 --> 01:30:35.280]  When it's time to pop the question creativity can make the engagement memorable
[01:30:35.280 --> 01:30:39.280]  But there are some proposal ideas that go a little too far
[01:30:39.280 --> 01:30:44.280]  I'm Dr. Catherine Albrecht and I'll be back with a stunt that nearly caused the groom to be his job
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[01:31:14.280 --> 01:31:18.280]  John Cardin is a poster child for how not to pop the question
[01:31:18.280 --> 01:31:25.280]  The Baltimore legislator thought a staged SWAT raid would be a romantic backdrop for proposing to his girlfriend Megan Homer
[01:31:25.280 --> 01:31:30.280]  So he had Baltimore Marine and helicopter units swarm the boat he was cruising on with his beloved
[01:31:30.280 --> 01:31:34.280]  Pretend to ransack the craft and confiscate a stashed engagement ring
[01:31:34.280 --> 01:31:38.280]  After staring the bejeebers out of Megan Cardin proposed
[01:31:38.280 --> 01:31:44.280]  When the media caught wind of the stunt Cardin grudgingly offered to reimburse the city $300 for the elaborate hoax
[01:31:44.280 --> 01:31:47.280]  Which was far less than the enormous sum it actually cost the taxpayers
[01:31:47.280 --> 01:31:52.280]  While his abuse of power is shocking perhaps the biggest surprise is that Megan said yes
[01:31:52.280 --> 01:32:19.280]  I'm Dr. Katherine Albrecht more news and information at KatherineAlbrecht.com
[01:32:52.280 --> 01:33:11.280]  Okay folks we are back
[01:33:11.280 --> 01:33:17.280]  We're going into the homestretch on our Friday four hour info marathon
[01:33:17.280 --> 01:33:22.280]  We're doing this all for you guys and gals out there
[01:33:22.280 --> 01:33:27.280]  So we've got some callers on the line we've got Ken from Texas calling in
[01:33:27.280 --> 01:33:32.280]  Ken thank you for calling in what is your comment or question for us tonight
[01:33:32.280 --> 01:33:37.280]  This is the only way I can talk to Randy because he hasn't returned my calls
[01:33:37.280 --> 01:33:44.280]  Well you know Randy he's pretty much out of pocket most of the time
[01:33:44.280 --> 01:33:47.280]  I am a busy man
[01:33:47.280 --> 01:33:50.280]  I guess he's a rock star now
[01:33:50.280 --> 01:33:54.280]  I have been rewriting the lawsuit
[01:33:54.280 --> 01:33:56.280]  Okay good
[01:33:56.280 --> 01:33:59.280]  I've been deeply immersed in it
[01:33:59.280 --> 01:34:11.280]  I'm changing the nature of the accusations so that they act so that they reflect as accurately as I can
[01:34:11.280 --> 01:34:20.280]  The very claims the defendants have been making in their motions to dismiss
[01:34:20.280 --> 01:34:33.280]  We had one judge threaten a litigant with sanctions if they didn't remove all references to criminal activities from the suit
[01:34:33.280 --> 01:34:40.280]  So I rewrote the suit claiming everything was criminal
[01:34:40.280 --> 01:34:46.280]  I made reco accusations but I didn't file the suit
[01:34:46.280 --> 01:34:56.280]  Wait a minute you're saying the judge threatened sanctions if the litigant didn't remove all references to criminal allegations from the suit
[01:34:56.280 --> 01:35:05.280]  and you and the other litigants rewrote the suit instead of removing
[01:35:05.280 --> 01:35:16.280]  No I didn't redo that suit I rewrote the one that I'm making available so that it's totally criminal
[01:35:16.280 --> 01:35:29.280]  Well if that's going to be the case why wouldn't the litigant just rewrite the suit to make everything criminal in that case
[01:35:29.280 --> 01:35:43.280]  Well because it was Judge Sparks here in Austin and the litigant was a little bit anxious about risking sanctions
[01:35:43.280 --> 01:35:56.280]  So I rewrote the suit so that the claims are based on torts that are the result of criminal acts
[01:35:56.280 --> 01:36:01.280]  We claim they committed criminal fraud and that resulted in a tort
[01:36:01.280 --> 01:36:04.280]  No way to take the criminal out
[01:36:04.280 --> 01:36:09.280]  The suit itself is based on the criminal
[01:36:09.280 --> 01:36:12.280]  We're up in the stakes
[01:36:12.280 --> 01:36:23.280]  This is telling the lender the only litigant we're going after is either the current servicer if they're not in foreclosure
[01:36:23.280 --> 01:36:28.280]  or the foreclosing agent
[01:36:28.280 --> 01:36:37.280]  Because what they're saying is is statute of limitations told on whole petite arrest but we don't care about whole petite arrest
[01:36:37.280 --> 01:36:40.280]  The consumer protection laws
[01:36:40.280 --> 01:36:48.280]  We only reference in Truth in Lending Act fees that are forbidden to be charged
[01:36:48.280 --> 01:36:56.280]  And we claim that the lender charged fees to the borrower that they're forbidden by statute to charge
[01:36:56.280 --> 01:37:05.280]  And then the defendant is saying well you only have three years to make a claim under whole petite arrest
[01:37:05.280 --> 01:37:15.280]  So we're saying we are not making a claim under the Truth in Lending Act or the Real Estate Settlement Procedures Act or Homeowners Protection Act
[01:37:15.280 --> 01:37:20.280]  We're making a claim of common law fraud
[01:37:20.280 --> 01:37:24.280]  If you are forbidden to charge a fee
[01:37:24.280 --> 01:37:33.280]  You can't charge the fee and hide it for three years and then say okay all of a sudden that's not theft
[01:37:33.280 --> 01:37:41.280]  So we're getting around any claim that whole petite arrest time has told
[01:37:41.280 --> 01:37:52.280]  We do make the standard argument of fraudulent concealment and due diligent effort to locate the fraud
[01:37:52.280 --> 01:37:57.280]  Which is standard which is needed for equitable tolling
[01:37:57.280 --> 01:38:04.280]  But our claims are actually under criminal tort fraud
[01:38:04.280 --> 01:38:19.280]  And by accusing the servicer or foreclosing agent of attempting to cause the ultimate harm of the overall conspiracy
[01:38:19.280 --> 01:38:26.280]  We hold him directly for his action that he took last month
[01:38:26.280 --> 01:38:31.280]  So we get around any statute limitations issues
[01:38:31.280 --> 01:38:39.280]  And by accusing the foreclosing agent personally or the servicer
[01:38:39.280 --> 01:38:48.280]  We get around any claim that they're not a fiduciary that they're not responsible for the acts of others
[01:38:48.280 --> 01:38:55.280]  We're only going after them for their immediate personal acts
[01:38:55.280 --> 01:38:59.280]  It's been a lot of work but this thing's coming together
[01:38:59.280 --> 01:39:03.280]  They're going to have a hard time fighting this one
[01:39:03.280 --> 01:39:05.280]  Does that answer your question Ken?
[01:39:05.280 --> 01:39:07.280]  I didn't ask that question
[01:39:07.280 --> 01:39:09.280]  Oh okay
[01:39:09.280 --> 01:39:14.280]  No he just went off to the liliquid
[01:39:14.280 --> 01:39:19.280]  Yeah you asked me where I was at and I was explaining where I was at and what I was doing
[01:39:19.280 --> 01:39:29.280]  I've got my bus going it's going to be the rule of law of the road bus
[01:39:29.280 --> 01:39:37.280]  Okay I was on the show last week and got cut off right at the last 12 seconds or so
[01:39:37.280 --> 01:39:42.280]  I was making a comment about the general nature of the United States Constitution
[01:39:42.280 --> 01:39:47.280]  And the fact that when the founders rode it up and provided them
[01:39:47.280 --> 01:39:52.280]  And even though they're enumerated it was essentially the act of a group of people
[01:39:52.280 --> 01:39:55.280]  Essentially saying these are what the citizens should have
[01:39:55.280 --> 01:40:00.280]  And I don't think they were considering at that time the founders
[01:40:00.280 --> 01:40:04.280]  It was a long shot that they were going to be able to pull this off
[01:40:04.280 --> 01:40:08.280]  And then once they did and we had a country and they had to enact it
[01:40:08.280 --> 01:40:15.280]  Suddenly those thrust into the position of power were scared that they'd given too much away to the people
[01:40:15.280 --> 01:40:22.280]  And we've been in the fight to get the government to follow its promises from the very beginning
[01:40:22.280 --> 01:40:29.280]  The number one organization that violates constitutional rights is the government
[01:40:29.280 --> 01:40:31.280]  Absolutely
[01:40:31.280 --> 01:40:34.280]  Almost to the exclusion of all others
[01:40:34.280 --> 01:40:37.280]  Is that about the only ones who can?
[01:40:37.280 --> 01:40:39.280]  Pardon?
[01:40:39.280 --> 01:40:45.280]  Well they're the only ones that can violate certain protected rights that's for sure
[01:40:45.280 --> 01:40:48.280]  They're not the only ones that can
[01:40:48.280 --> 01:40:54.280]  The Constitution was written to protect us against our own government
[01:40:54.280 --> 01:40:57.280]  So it was written with them in mind
[01:40:57.280 --> 01:41:04.280]  Yeah it was but it also protects us from intrusion upon our rights by others of our peers not just government
[01:41:04.280 --> 01:41:12.280]  No one can steal from me, no one can defraud me, no one can harm me physically or financially
[01:41:12.280 --> 01:41:15.280]  Without me having a recourse for it
[01:41:15.280 --> 01:41:17.280]  That's a protection of rights
[01:41:17.280 --> 01:41:23.280]  So it's not limited to government but it is directed at government
[01:41:23.280 --> 01:41:28.280]  Because they have the biggest opportunity to cause a violation of rights
[01:41:28.280 --> 01:41:31.280]  Yeah and remember there's really no such thing as a constitutional right
[01:41:31.280 --> 01:41:36.280]  Because rights are not conveyed by a piece of paper whether it's the Constitution or anything else
[01:41:36.280 --> 01:41:38.280]  Constitutionally protected rights
[01:41:38.280 --> 01:41:43.280]  There are constitutionally protected rights and the Bill of Rights is actually a bill of restrictions on the government
[01:41:43.280 --> 01:41:50.280]  From infringing on certain enumerated rights but those aren't all of our God given rights
[01:41:50.280 --> 01:41:56.280]  Because a right is inherent, it can't be taxed, it can't be leaned, it can't be levied, it can't be taken away
[01:41:56.280 --> 01:42:00.280]  It can't even be given away and it can't be licensed either
[01:42:00.280 --> 01:42:08.280]  Yeah and any right not enumerated within the Constitution does not disparage the exercise and use of that right to the people
[01:42:08.280 --> 01:42:15.280]  But also, so the fact that it's not listed doesn't allow them to deny it
[01:42:15.280 --> 01:42:22.280]  Alright we've gone off on a tangent but in the real world the issue is that we have to fight to continue to get them
[01:42:22.280 --> 01:42:27.280]  That's what the struggle's been the entire time whether or not you want to say this
[01:42:27.280 --> 01:42:30.280]  The issue is we're arguing over semantics
[01:42:30.280 --> 01:42:34.280]  If somebody says here you have these God given rights and everything
[01:42:34.280 --> 01:42:40.280]  The problem is the fight is to have them deliver it not to disregard it
[01:42:40.280 --> 01:42:47.280]  And yeah I agree with Eddie from the standpoint that a criminal act against you is always a violation of your rights
[01:42:47.280 --> 01:42:56.280]  But the number one, we go down and look at constitutional court cases and they're always about government
[01:42:56.280 --> 01:43:04.280]  Exactly and the courts have held the rights belong to the belligerent litigant
[01:43:04.280 --> 01:43:06.280]  Claim it
[01:43:06.280 --> 01:43:16.280]  Right and we see that in decisions in court all the time is even though you supposedly have all this rule of law and these rights
[01:43:16.280 --> 01:43:21.280]  Unless you affirmatively raise them, you waive them
[01:43:21.280 --> 01:43:29.280]  Yeah but looking at what government does to destroy that right, as soon as you become a belligerent claimant
[01:43:29.280 --> 01:43:38.280]  They declare you a vexatious litigant in order to deprive you even of that protection to adjudicate your violation of rights
[01:43:38.280 --> 01:43:43.280]  Well this is plain old ordinary vanilla corruption and that's what we're all about anyway
[01:43:43.280 --> 01:43:45.280]  We're trying to fix that
[01:43:45.280 --> 01:43:49.280]  Alright excellent points, alright we're going to break, Ken you may want to stay there
[01:43:49.280 --> 01:43:54.280]  We need to bring on some of the callers and try to wrap up the rest of the call board within the next segment
[01:43:54.280 --> 01:44:20.280]  The last segment of our show, we'll be right back folks
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[01:44:59.280 --> 01:45:03.280]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:27.280 --> 01:45:33.280]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience
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[01:46:21.280 --> 01:46:50.280]  The people come down from the hill
[01:46:50.280 --> 01:46:58.280]  Into the city they will shuffle
[01:46:58.280 --> 01:47:06.280]  Many long nights, many strong thrills
[01:47:06.280 --> 01:47:13.280]  Land of comfort, land of scuffle
[01:47:13.280 --> 01:47:23.280]  It's hard to lose and it's hard to hold
[01:47:23.280 --> 01:47:30.280]  Far back as they remember, they've been told
[01:47:30.280 --> 01:47:47.280]  They've got to learn sign language, sign language
[01:47:47.280 --> 01:47:50.280]  Okay folks, we're back, final segment
[01:47:50.280 --> 01:47:53.280]  We've got three callers on the board
[01:47:53.280 --> 01:48:00.280]  We're going to do everything we can to answer everyone's questions and address everyone's comments in this final segment
[01:48:00.280 --> 01:48:02.280]  We've got about 10 minutes left
[01:48:02.280 --> 01:48:04.280]  Ken is on the board
[01:48:04.280 --> 01:48:06.280]  Ken, did you have any other quick comments?
[01:48:06.280 --> 01:48:11.280]  And you're welcome to stay there while we take the other two callers
[01:48:11.280 --> 01:48:19.280]  At this point, no, we could discuss the semantics of whether or not they've given us constitutional rights or we have them and we have to enforce them
[01:48:19.280 --> 01:48:37.280]  But the aspect of how statutory law and promulgated regulations exist in order to require government certain procedural hurdles to process cases in court
[01:48:37.280 --> 01:48:43.280]  And then if we don't raise them, suddenly now we've waved the right
[01:48:43.280 --> 01:48:54.280]  However, those statutes which are designated as to control the government entity as a defendant or a plaintiff in a case before the court
[01:48:54.280 --> 01:48:59.280]  It's not our job to hold the court rules in advance
[01:48:59.280 --> 01:49:01.280]  That's the job of the judge
[01:49:01.280 --> 01:49:04.280]  And that's one of the problems we've seen
[01:49:04.280 --> 01:49:14.280]  And I think any way in on that is we've seen case law after case law where there's statutory requirements that need to be fulfilled by government entities
[01:49:14.280 --> 01:49:17.280]  Particularly the police, etc.
[01:49:17.280 --> 01:49:26.280]  And they're not done and the appellate court will then rule that the appellate waived it because it didn't complain about it in the trial court
[01:49:26.280 --> 01:49:32.280]  But I don't believe you can waive statutory rules that apply to other parties
[01:49:32.280 --> 01:49:36.280]  Not for ministerial duties, I wouldn't think
[01:49:36.280 --> 01:49:38.280]  No, I wouldn't think at all
[01:49:38.280 --> 01:49:52.280]  Yeah, I mean how can the accused presume to waive the ministerial duty of the court or the prosecution that is acting against the accused or over the accused?
[01:49:52.280 --> 01:49:54.280]  How is that possible?
[01:49:54.280 --> 01:49:58.280]  Or statutory duties of the police or prosecutor, yeah
[01:49:58.280 --> 01:50:02.280]  Exactly, but we've seen case law on that
[01:50:02.280 --> 01:50:06.280]  That it's all about if you don't raise the objection
[01:50:06.280 --> 01:50:16.280]  And that's one of the reasons that Randy and I have discussed it for a long time was the idea of a mother hubbard objection
[01:50:16.280 --> 01:50:21.280]  And any kind of pleading before you put to the court in order to have a written objection in saying, okay, stop
[01:50:21.280 --> 01:50:29.280]  When we start this process, I'm objecting to any deviation or derivation from law, rule of law, etc, etc, etc
[01:50:29.280 --> 01:50:37.280]  And I'm not going to waive any of my rights except in writing after I've been fully brought to
[01:50:37.280 --> 01:50:39.280]  Full disclosure
[01:50:39.280 --> 01:50:41.280]  Full disclosure, exactly
[01:50:41.280 --> 01:50:48.280]  And then I reserve the right to rescind that if I find that it damages my case or my position in court
[01:50:48.280 --> 01:50:57.280]  But the issue then is in the appeal and we've never had a case that's ended up in the appellate court with our mother hubbard objection in there
[01:50:57.280 --> 01:51:01.280]  But if it ever gets there, they can't raise the issue saying you didn't object
[01:51:01.280 --> 01:51:08.280]  Now I would imagine the appellate court in knowing and having seen appellate decisions in cases that I've watched closely
[01:51:08.280 --> 01:51:14.280]  The appellate court many times lies and they should start their opinion out as once upon a time
[01:51:14.280 --> 01:51:18.280]  Because many times what they say happened never happened
[01:51:18.280 --> 01:51:21.280]  So that's a problem
[01:51:21.280 --> 01:51:24.280]  I've run into that myself
[01:51:24.280 --> 01:51:30.280]  Okay, we're going to move along. We've got two more callers and we're quickly running out of time
[01:51:30.280 --> 01:51:36.280]  Ken, why don't you stay there? Maybe you'll have some input to answer some of these other callers' questions
[01:51:36.280 --> 01:51:38.280]  All right, we're going to go to Randy in Texas
[01:51:38.280 --> 01:51:41.280]  Randy, what is your question for us tonight?
[01:51:41.280 --> 01:51:47.280]  You guys were talking to somebody earlier tonight about I think it was a civil case
[01:51:47.280 --> 01:51:54.280]  And you said that the plaintiff could file a motion and the defendant had 30 days to answer
[01:51:54.280 --> 01:52:04.280]  Or else they would basically default and the plaintiff could file to get a default on that motion
[01:52:04.280 --> 01:52:16.280]  But you implied that the defendant could file a motion and it would take six months before the plaintiff defaulted on the motion if they didn't answer
[01:52:16.280 --> 01:52:19.280]  And I thought that seemed out of whack
[01:52:19.280 --> 01:52:23.280]  No, no, no, no, you missed the pieces
[01:52:23.280 --> 01:52:29.280]  This was about setting a motion for trial
[01:52:29.280 --> 01:52:35.280]  If whoever is prosecuting the case is responsible for prosecuting the case
[01:52:35.280 --> 01:52:43.280]  And if they don't prosecute it for six months, then the court will put it on the dismissal docket
[01:52:43.280 --> 01:52:49.280]  But as to time to respond to a motion, both sides have the same amount of time
[01:52:49.280 --> 01:53:01.280]  But what I'm saying is you file a motion and even if you haven't set it for hearing, do they not have 30 days to respond?
[01:53:01.280 --> 01:53:04.280]  That's right, they have 30 days to respond
[01:53:04.280 --> 01:53:09.280]  And you can't set it for a hearing until their time to respond is up
[01:53:09.280 --> 01:53:13.280]  Once their time to respond is over, then you can set it for a hearing
[01:53:13.280 --> 01:53:18.280]  But if you don't set it for a hearing, it won't get heard
[01:53:18.280 --> 01:53:25.280]  This is Ken
[01:53:25.280 --> 01:53:33.280]  I'm not sure which rules he's talking about because some of these rules differ in different states and whether you're in federal or state jurisdiction
[01:53:33.280 --> 01:53:44.280]  In Texas, a motion can get heard in three days if the party sets it for hearing as long as there's been notice to the other party in accordance with Rule 21A
[01:53:44.280 --> 01:53:46.280]  That's in civil cases
[01:53:46.280 --> 01:53:50.280]  And the issue here is the other side has an opportunity to respond
[01:53:50.280 --> 01:54:00.280]  But if they don't object to having the hearing set and ask for a continuance, they may waive their right to respond and have the hearing anyway
[01:54:00.280 --> 01:54:07.280]  This is the issue of rushing to court to do essentially what I refer to as trial by ambush
[01:54:07.280 --> 01:54:19.280]  So what do you do if you file the motion to dismiss? Should you set it for hearing within three days or should you let the 30 days run out? That's the question
[01:54:19.280 --> 01:54:35.280]  If the other side has not prosecuted the case and nothing has been filed and you're the defendant, you can send a letter to the clerk and bring it to the attention of the court and ask the court to put it on the dismissal docket
[01:54:35.280 --> 01:54:38.280]  That means they're going to set a hearing for it to be dismissed
[01:54:38.280 --> 01:54:45.280]  The hearing date will be set, you will go, and the other side has the burden of proof to show why it hasn't prosecuted
[01:54:45.280 --> 01:54:53.280]  If it has not shown the burden of why it hasn't prosecuted, the court shall dismiss it in accordance with the rule
[01:54:53.280 --> 01:54:59.280]  How does that apply to the motion to dismiss?
[01:54:59.280 --> 01:55:23.280]  A motion to dismiss could be for other reasons. A dismissal could be for one jurisdiction, a venue, no evidence, wrong parties, they've asked for a claim that the court cannot provide remedy
[01:55:23.280 --> 01:55:25.280]  Fail to state a claim
[01:55:25.280 --> 01:55:29.280]  Right, fail to state a claim
[01:55:29.280 --> 01:55:40.280]  Here's the deal, failure to state a claim, misnomer, two of the others you said, I'm not even going to try and go through that
[01:55:40.280 --> 01:55:52.280]  But the point is that the motion is in, it's filed, if they do not respond in 30 days, can we just say, judge, get rid of it
[01:55:52.280 --> 01:55:55.280]  Move for summary judge or summary dismissal
[01:55:55.280 --> 01:56:03.280]  I don't believe you get that, you've got to set your motion and prosecute it, if you've set a motion for dismissal, there's a requirement to have a hearing
[01:56:03.280 --> 01:56:06.280]  Now, there's, you would do that immediately
[01:56:06.280 --> 01:56:10.280]  Well, you want to make sure they get notice, they have to get notice of that
[01:56:10.280 --> 01:56:12.280]  They've got notice of that
[01:56:12.280 --> 01:56:20.280]  Then set a hearing date, you almost never set a motion for, until you set a hearing, if you know you're going to serve it on the other party and you're going to get it in three days
[01:56:20.280 --> 01:56:23.280]  You set the hearing for seven days
[01:56:23.280 --> 01:56:29.280]  I know they got it, so I'll go in there Monday and I'll set it for Wednesday
[01:56:29.280 --> 01:56:32.280]  Wait a second, your motion or their motion?
[01:56:32.280 --> 01:56:34.280]  It's my motion, we're the defendant
[01:56:34.280 --> 01:56:39.280]  Okay, and you filed the motion, yeah, and the other party's had it, go ahead and set it for hearing
[01:56:39.280 --> 01:56:47.280]  Now, you've got to watch out for the issue of local rules, local rules may require you to do a conference for the setting of a hearing
[01:56:47.280 --> 01:56:52.280]  I don't think that applies
[01:56:52.280 --> 01:56:59.280]  Okay, you go to the court coordinator and ask when the judge has motion hearings
[01:56:59.280 --> 01:57:00.280]  Right
[01:57:00.280 --> 01:57:12.280]  And then you call the law firm and talk to the clerk and give her two dates and ask her which one can your attorney appear at
[01:57:12.280 --> 01:57:21.280]  And if they say they don't know, say well, we're going to pick one, you need to pick one of them because I'm going to set one of these two
[01:57:21.280 --> 01:57:28.280]  And after, that's your conference, if they don't call you back, scroll, go set it
[01:57:28.280 --> 01:57:32.280]  All right, now go through that conference thing again, I do what?
[01:57:32.280 --> 01:57:45.280]  Let me handle this for a second, okay? The problem with the conference is in the local rule, they may want you to have a conference to see if you can resolve the issue raised in the motion without a hearing
[01:57:45.280 --> 01:57:58.280]  That may be one element of the conference, then the next part of it may be some local jurisdiction, some will have a requirement that you need to have a conference from the opposing county to city council to set the date of the hearing
[01:57:58.280 --> 01:58:11.280]  Some don't, if there's no requirement for council to have a conference with regards to the setting of the motion, I would just set it to them, just pick a date and set it, send them notice of the hearing
[01:58:11.280 --> 01:58:27.280]  Now Ken, wouldn't the moving party want to wait for the allowable time frame for the other litigant to respond to the motion before setting a hearing, otherwise the judge might perceive that as ambush litigation tactics?
[01:58:27.280 --> 01:58:40.280]  No, as far as I know, there is no requirement, Texas under Texas rules, except under specific types of motions, like summary judgment motion, you can't set the hearing with less than 21 days
[01:58:40.280 --> 01:58:50.280]  Okay, we need to pick this conversation up next week, so Ken, perhaps we can have you call in on next Thursday when Randy is here, also Monday is traffic night
[01:58:50.280 --> 01:58:59.280]  Folks, we're at the end of our show, thank you for joining us, God bless, and let's keep in touch concerning this House bill that is coming up for committee hearing
[01:59:20.280 --> 01:59:29.280]  If you are a Chucky, Chucky, somebody jump from me
[01:59:29.280 --> 01:59:36.280]  I'm like a stepping razor, watch my sides, I'm dangerous, I'm dangerous
[01:59:36.280 --> 01:59:43.280]  I'm like a stepping razor, watch my sides, I'm dangerous, dangerous
[01:59:43.280 --> 01:59:51.280]  I'm like a stepping razor, watch my sides, I'm dangerous, dangerous
[01:59:51.280 --> 01:59:56.280]  If you eat that ball, it's a dream, it's good
[01:59:56.280 --> 02:00:13.280]  If you eat that ball, it's a dream, it's good