[00:00.000 --> 00:04.600]  This news brief brought to you by the International Newsnet.
[00:04.600 --> 00:08.680]  Libya's rebel council minister of oil and finance, Ali Tahoni,
[00:08.680 --> 00:13.240]  Thursday assured U.S. Secretary of State Hillary Clinton and her NATO counterparts
[00:13.240 --> 00:18.040]  the rebels would soon start producing 100,000 barrels of oil per day.
[00:18.040 --> 00:22.480]  Tahoni also asked for billions of dollars of assets from the Gaddafi regime
[00:22.480 --> 00:27.600]  frozen abroad to be used as collateral for loans to the rebels.
[00:27.600 --> 00:33.200]  With three weeks left before U.S. forces are scheduled to begin withdrawing from Afghanistan,
[00:33.200 --> 00:37.040]  the debate over how many and how quickly has intensified.
[00:37.040 --> 00:42.400]  The Pentagon argues that anything more than a modest drawdown of a few thousand troops
[00:42.400 --> 00:47.280]  jeopardizes the war effort. Democrats and a growing minority of Republicans
[00:47.280 --> 00:50.640]  won a more substantial withdrawal.
[00:50.640 --> 00:55.280]  The existence of Amina Araf, a blogger who claimed to be a Syrian American lesbian,
[00:55.280 --> 01:01.200]  was challenged Wednesday after a woman in Britain said photographs posted on the internet were of her,
[01:01.200 --> 01:08.240]  not Araf. UK Guardian Tuesday reported Araf known for her open opposition of President Assad
[01:08.240 --> 01:12.880]  had been detained after weeks on the run. The original story could not be verified
[01:12.880 --> 01:15.680]  as foreign media are banned.
[01:15.680 --> 01:21.360]  As mass demonstrations continue against the government of Yemeni President Ali Abdullah Saleh,
[01:21.360 --> 01:26.720]  the Obama administration is intensifying its covert war against alleged Islamic fighters
[01:26.720 --> 01:32.080]  with drone strikes and fighter jets. Four civilians and an alleged mid-level al-Qaeda
[01:32.080 --> 01:37.360]  operative were killed in airstrikes Friday. The acceleration of operations follows a year-long
[01:37.360 --> 01:42.400]  pause in U.S. airstrikes, which were halted because poor intelligence had led to bungled
[01:42.400 --> 01:47.120]  missions and civilian deaths that were undercutting the CIA run campaign.
[01:47.120 --> 01:52.160]  A senior Pentagon official said using force against militants was complicated by al-Qaeda
[01:52.160 --> 01:57.680]  operatives mingling with anti-government militants. Though the U.S. has supported Saleh for years,
[01:57.680 --> 02:03.120]  the U.S. does not want to appear to be picking sides. Concerned that support for the campaign
[02:03.120 --> 02:08.240]  with Wayne if a democratic government were to replace Saleh, the U.S. Ambassador to Yemen
[02:08.240 --> 02:13.120]  met recently with opposition leaders to make the case for continuing U.S. operations.
[02:13.120 --> 02:18.960]  Agence France Press journalist Jim Tucker says the agenda for this year's secret
[02:18.960 --> 02:23.840]  Bilderberg gathering that opens Thursday in Samarit, Switzerland includes oil,
[02:23.840 --> 02:28.400]  Libya, and the death of the U.S. dollar. Tucker says the group's top international
[02:28.400 --> 02:34.880]  politicians, bankers, and military are concerned the U.S. Congress may soon turn against NATO
[02:34.880 --> 02:41.760]  and U.S. attacks on Muammar Gaddafi. In January, former oil industry insider Pastor Lindsay Williams
[02:41.760 --> 02:46.800]  said sources had told him oil prices would skyrocket. Williams says the elite now meeting
[02:46.800 --> 03:12.800]  behind closed doors are pushing for a wider war in the Middle East.
[03:47.760 --> 04:02.240]  All right, folks. This is the rule of law. Tonight is Thursday, June 9th,
[04:03.920 --> 04:10.640]  2011. And bad boys, bad boys, what are you going to do when we come for you here on the rule of law?
[04:10.640 --> 04:19.840]  Tonight we're going to hear from Randy Kelton for a change. He is back from Australia and he's
[04:19.840 --> 04:25.040]  going to be giving us the update on what's going on over there and what kind of tools they have,
[04:25.040 --> 04:29.360]  what kind of remedies they can implement, and these sorts of things. Randy, welcome back to the
[04:29.360 --> 04:36.240]  States and give us the update. Today, May, I'm beginning to understand what that means.
[04:36.240 --> 04:43.600]  They call everybody mate whether they like him or not. So maybe that's why they call me mate.
[04:44.240 --> 04:53.280]  But anyway, yes, I was very pleased with Australia. When I went to Australia, I had this concept of
[04:53.280 --> 05:05.760]  the Australian character. And mostly it came from crocodile D. I was not in the least bit disappointed.
[05:07.600 --> 05:15.680]  I very much liked the Australian character and their attitude. And when I looked at the law that
[05:15.680 --> 05:25.200]  they have, I was astounded. They have tools we wish we had. And when I first came there,
[05:25.200 --> 05:30.720]  they assured me that I would find that Australia is far more corrupt than United States.
[05:32.400 --> 05:36.880]  And once I looked at their system, I had to tell them, you guys don't have a clue.
[05:36.880 --> 05:46.240]  It's corrupt here, but nothing like the United States. They actually do have public officials
[05:46.240 --> 05:52.320]  that actually respond to the checks and balances that are available.
[05:54.080 --> 06:01.120]  If we get the Aussies using those checks and balances effectively, they can dramatically
[06:01.120 --> 06:08.320]  change things. One of the things that stood out the most about Australian law is how much more
[06:08.320 --> 06:18.960]  sophisticated it is than American law. In American law, a lot of the things that we do here and do
[06:18.960 --> 06:27.760]  on the show, a lot of the accusations and assertions that we make have to be inferred from the intent
[06:27.760 --> 06:35.680]  of the statute, that we gather these actions under the statute based on the intent of the statute.
[06:36.720 --> 06:46.320]  In Australian law, they stipulate these things with particularity. In American law, we have a
[06:46.320 --> 06:57.120]  section on intoxication as it goes to culpability, but it's very short. In Australian law, it's about
[06:57.120 --> 07:06.240]  30 pages. They've got a whole section on self-induced intoxication and how self-inducing
[07:06.240 --> 07:14.800]  intoxication can affect how you're charged with a criminal act. And then they have a whole section
[07:14.800 --> 07:23.200]  almost as big on non-self-induced intoxication. Generally, under our law, if you're suffering
[07:23.200 --> 07:29.280]  from non-self-induced intoxication, for instance, you go to the doctor and he gives you a shot
[07:30.080 --> 07:38.000]  and you have an unexpected reaction on the way home. In those cases, you are generally immune
[07:38.000 --> 07:46.240]  from criminal prosecution for your behavior. Not so under Australian law. Under Australian law,
[07:46.240 --> 07:55.280]  they go into specifics. If you commit an act or if you make a decision to commit an act under
[07:56.640 --> 08:07.040]  non-self-induced intoxication, if a... Randy, are you there?
[08:07.040 --> 08:20.880]  Well, that was short. Okay. All right. Randy is no longer online. All right. I guess we'll just
[08:20.880 --> 08:28.160]  have to wait until he gets back online to finish hearing from him that is. Oh, okay. Is he there?
[08:28.160 --> 08:40.240]  Yes. I apologize. What happened? This Skype is... I have this clear wireless here in Austin.
[08:41.920 --> 08:48.320]  And it's a... this major wireless is supposed to be all around Austin and it is atrocious.
[08:49.600 --> 08:54.880]  Randy, try putting the antenna like high up on the bookshelf or something and change the
[08:54.880 --> 08:59.920]  direction that it's pointing. I've been doing that all day. It hasn't helped. All right. Okay.
[08:59.920 --> 09:06.000]  So, finish telling us the story. Okay. I was talking about self-induced intoxication.
[09:06.800 --> 09:13.680]  I'll repeat this part in case you missed it. If you are suffering from non-self-induced intoxication
[09:13.680 --> 09:23.360]  in Australia and you commit an act that's considered a crime, the standard they will use is would a
[09:23.360 --> 09:28.800]  person... an ordinary person suffering from intoxication to the same degree that you were
[09:28.800 --> 09:38.000]  suffering from make the same decision. If an ordinary person intoxicated to the same degree
[09:38.000 --> 09:43.600]  that you were intoxicated even though it was non-self-induced, if an ordinary person wouldn't
[09:43.600 --> 09:50.000]  make that decision, then you can be held liable. Unlike here where you almost have a carte blanche
[09:50.000 --> 09:56.880]  if it's non-induced intoxication, they just almost can't prosecute you. But it's a lot more
[09:56.880 --> 10:04.800]  specific, a lot more detailed. You find this all through Australian law. The Australian criminal
[10:04.800 --> 10:14.640]  code is huge. It goes into minute detail on everything. Very first thing. It starts out with
[10:14.640 --> 10:21.200]  physical elements of a crime, false elements of a crime, defined specifically what they are. Then
[10:21.200 --> 10:28.240]  it goes into culpability in detail in a level of detail we don't have. But there are other tools.
[10:29.440 --> 10:39.200]  A primary tool is the common law. The common law is alive and well in Australia as well as in the
[10:39.200 --> 10:51.040]  United Kingdom. In Australia, you can walk into a courtroom as a common law public official there
[10:51.040 --> 10:58.560]  to assist the court in keeping the peace. And when someone does that, they pay very close
[10:58.560 --> 11:06.720]  attention because the common law public official reports to the queen, not to the local officials.
[11:06.720 --> 11:16.160]  And as subjects of the queen, any citizen can act in the capacity of a common law public official.
[11:18.080 --> 11:25.760]  And that is very powerful. Also, for a great number of issues, primarily administrative issues,
[11:27.280 --> 11:31.440]  they have in Australia attorneys and lawyers. They're different.
[11:31.440 --> 11:37.600]  An attorney is not a legal professional. Anyone can act as an attorney.
[11:38.880 --> 11:45.760]  And certain things like one of the things is real estate issues. You can have counsel in a
[11:45.760 --> 11:49.920]  real estate issue who's not an attorney. I'm sorry, he's not a lawyer, but he's an
[11:50.480 --> 11:57.520]  access an attorney on your behalf. In attorneys, they have barristers and solicitors.
[11:57.520 --> 12:04.400]  The solicitor is the one who will deal with the client. The barrister is a litigation
[12:04.400 --> 12:10.240]  attorney, the one who goes before the court. Sometimes a solicitor is also a barrister,
[12:10.240 --> 12:18.880]  but not necessarily. They're a law society. They don't have bar associations like we do here in
[12:18.880 --> 12:26.560]  the States. They have a law society. And here in the States, in some states, you must be
[12:26.560 --> 12:32.880]  must be insured to practice law and others you don't. In Texas, you're not required to have
[12:32.880 --> 12:42.480]  practice insurance. In Australia, you must have insurance as a condition of your license to practice.
[12:44.000 --> 12:51.440]  And the system works different there. When you become an attorney, you must contribute to a pool
[12:51.440 --> 13:01.200]  that the law society keeps. It's a fund, a fidelity fund and an indemnity fund. The indemnity fund
[13:01.200 --> 13:10.400]  is the primary fund that if you have a claim against a lawyer, that lawyer, that claim is
[13:10.400 --> 13:19.680]  claimed on the indemnity fund unless the claim has to do with a trust or an estate in which case
[13:19.680 --> 13:28.640]  it is backed by a fidelity fund, but to both of which lawyers must contribute. And if there is
[13:28.640 --> 13:35.440]  a claim against the fund, the lawyer must have insurance to indemnify the fund and not the
[13:35.440 --> 13:44.880]  attorney. So if an attorney gets sued in Australia, they take the money from the law society directly.
[13:44.880 --> 13:50.560]  And the law society gets to collect interest on all that money. They get to there are certain
[13:50.560 --> 13:55.680]  things they get to do with it. And you start digging into their indemnity fund, they're going
[13:55.680 --> 14:01.280]  to be really unhappy. So when you make a professional conduct complaint there,
[14:02.880 --> 14:13.040]  the law society stands as the indemnitor for the lawyer. So that will make that would give the
[14:13.040 --> 14:18.560]  law society itself a reason to police itself better. And in talking to lawyers there,
[14:19.680 --> 14:25.840]  they are truly afraid of the law societies. Apparently they actually do their job. The one
[14:25.840 --> 14:36.880]  who's heads up the law society in New South Wales is an American. And they seem to feel like he
[14:36.880 --> 14:43.600]  doesn't have any pity on these bloody Aussies. So they take the law society very serious.
[14:45.440 --> 14:52.880]  And then there's one more thing. A complaint in Australia is not called a complaint.
[14:53.680 --> 15:00.880]  It's called a criminal appearance notice. And under a criminal appearance notice,
[15:00.880 --> 15:15.680]  the accuser signs the criminal appearance notice as the prosecutor. And it's essentially a summons
[15:15.680 --> 15:24.800]  to court. Now if you're a police officer or a police prosecutor, then the criminal appearance
[15:24.800 --> 15:33.520]  notice stands on its own. If you're an ordinary citizen, you have the capacity to act as a common
[15:33.520 --> 15:42.400]  law prosecuting attorney. You can file a criminal appearance notice with the registrar and if it
[15:42.400 --> 15:50.560]  meets the requirements of law, the registrar must sign it. And you have standing. You have standing
[15:50.560 --> 15:57.840]  to pursue the complaint all the way to the High Court. In Australia, the highest court in each
[15:57.840 --> 16:08.240]  of the states is the Supreme Court. In the Australian federal system, the highest court is the High
[16:08.240 --> 16:19.200]  Court. And on a criminal issue, you have standing to pursue it. A private prosecution, just like
[16:19.200 --> 16:26.240]  we had talked about earlier, that we wish we had here. So they have some really powerful tools.
[16:26.240 --> 16:33.440]  And one of the most powerful tools is their very sophisticated legal system. We'll talk a little
[16:33.440 --> 16:37.920]  bit about that when we come back on the other side. This is Randy Kelkson from the students at
[16:37.920 --> 16:43.760]  Craigview Law Radio. John, I see you're on the line. I'll finish up on the other side and we'll
[16:43.760 --> 16:51.120]  go to questions. Call us at 512-646-1984. We'll be right back.
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[20:27.440 --> 20:35.440]  Okay, we're back. Randy Kelton there seems that he great. And before I come back in,
[20:35.440 --> 20:41.440]  I'm sorry, before I had to move away from this, there was one other very interesting
[20:41.440 --> 20:49.440]  thing that I came across. And I started out by reading the penal code and found all kinds
[20:49.440 --> 20:55.440]  of juicy things we could use in there to beat up public officials. And then I went to the
[20:55.440 --> 21:02.440]  Court of Criminal Procedure and when I got there, people were complaining that the registrar
[21:02.440 --> 21:13.440]  was refusing to sign their criminal parents' notices. But it quickly became clear that
[21:13.440 --> 21:20.440]  nobody had ever read the code. I guess people live in a country and they live in a system
[21:20.440 --> 21:26.440]  and just from living in the system they get the idea that they understand how it works.
[21:26.440 --> 21:34.440]  And then these guys start doing research and the research focused issues. This is a common
[21:34.440 --> 21:42.440]  problem I found here in the U.S. where we have legal researchers who meticulously research an
[21:42.440 --> 21:49.440]  issue. But they're not learning councils or not learning professionals. So these researchers
[21:49.440 --> 21:58.440]  like myself absolutely included. We have these large gaps in our legal knowledge. And there
[21:58.440 --> 22:04.440]  was a very large gap in the legal knowledge of the people I talked to in Australia in that
[22:04.440 --> 22:12.440]  they were in things like Family Court and they hadn't read the penal code. They didn't see
[22:12.440 --> 22:20.440]  where the penal code was important or the code of criminal procedure. And I wanted to whack
[22:20.440 --> 22:27.440]  them all over the head and say, read those codes. You can't go in and accuse a public official
[22:27.440 --> 22:36.440]  of doing something wrong or criminal unless you know what a crime is. And how to stipulate
[22:36.440 --> 22:44.440]  crime, what was in the code of criminal procedure was a section that made it absolutely clear
[22:44.440 --> 22:52.440]  why the registrar was not accepting their criminal appearance notices. Unlike the United States
[22:52.440 --> 23:03.440]  in Australia in order to make a criminal accusation, in order for the magistrates to find in favor
[23:03.440 --> 23:12.440]  of prosecution, there must be sufficient evidence in the criminal appearance notice such that
[23:12.440 --> 23:22.440]  in consideration a well-instructed jury would find a verdict of guilty. Not the simple probable
[23:22.440 --> 23:30.440]  cause that we have here in the United States, not just a preponderance, but sufficient evidence
[23:30.440 --> 23:41.440]  to find guilty. Now, that needs a little explanation in that it's similar to a civil issue where
[23:41.440 --> 23:49.440]  you make a claim of cause of action. When I claim a cause of action in civil matter, the
[23:49.440 --> 23:59.440]  court must accept what I state as fact. Not as prima facie, but as fact. And if the statements
[23:59.440 --> 24:07.440]  of fact that I make would give me a claim, then I've made a claim for which a cover can
[24:07.440 --> 24:15.440]  be had. This is similar to what they call for in the can. The complaintant must state
[24:15.440 --> 24:24.440]  sufficient facts that if all of those facts were adjudicated to be true, then the jury
[24:24.440 --> 24:32.440]  would find a guilty plea against the accused. And that's the standard it takes for the magistrate
[24:32.440 --> 24:42.440]  or the registrar to approve the can. So these guys not only didn't know what they needed
[24:42.440 --> 24:48.440]  to have to make the accusation sufficient, they didn't know how to make the accusation
[24:48.440 --> 24:53.440]  at all because they hadn't studied the code. They didn't know what the physical elements
[24:53.440 --> 24:59.440]  were and what the fault elements were that made the physical elements criminal acts.
[24:59.440 --> 25:05.440]  The physical element of the crime is defined in the Australian Code is an action taken
[25:05.440 --> 25:12.440]  by the accused or a failure to act on the part of the accused. The fault elements were those
[25:12.440 --> 25:20.440]  laws that rendered that action or that failure to act a crime. They have to state both of
[25:20.440 --> 25:27.440]  these and they have to clearly stipulate what they are. And then there's a whole large section
[25:27.440 --> 25:34.440]  on culpability. That was what the section on intoxication went to. There are a number
[25:34.440 --> 25:40.440]  of different issues that affected culpability and they didn't know what they were. So when
[25:40.440 --> 25:47.440]  the registrar gets a complaint against a public official, a complaint that could potentially
[25:47.440 --> 25:54.440]  end the public official's career, then he's not going to look at that lightly and he should
[25:54.440 --> 26:02.440]  not. So they're complaining that the registrar is not signing these court appearance notices
[26:02.440 --> 26:10.440]  while he has good reason not to. So we're putting together a system that will allow them
[26:10.440 --> 26:18.440]  to consistently file very complete criminal appearance notices. Not only will it allow
[26:18.440 --> 26:26.440]  them to file a complete criminal appearance notice, it will allow them to determine in
[26:26.440 --> 26:32.440]  the process of answering the questions we propose, it will allow them to determine whether or
[26:32.440 --> 26:39.440]  not what they're complaining of actually is a criminal act for which they can file a notice.
[26:39.440 --> 26:48.440]  And the code also stipulates what you can do to the registrar if he doesn't file a notice
[26:48.440 --> 26:59.440]  that is complete because of the structure there is much different in here. We are going through
[26:59.440 --> 27:10.440]  the code of criminal procedure in section 30 or 31, authorize the attorney general to indemnify
[27:10.440 --> 27:19.440]  anyone he chose from prosecution. Ricky Partington, the one that brought me down to Australia,
[27:19.440 --> 27:26.440]  he was reading that and he came to me and he said, am I seeing what I think I'm seeing?
[27:26.440 --> 27:34.440]  This appears to give the attorney general the authority to indemnify anyone from prosecution
[27:34.440 --> 27:44.440]  for anything. I read it and that is precisely what it said. In subsequent research I found
[27:44.440 --> 27:50.440]  that there was a good reason for that particular statute. In Australia they don't have a
[27:50.440 --> 27:58.440]  direct amendment. So if someone is being required to testify and his testimony can be used against
[27:58.440 --> 28:07.440]  him, he just won't speak. He doesn't dare. So they gave the attorney general authority
[28:07.440 --> 28:14.440]  to come in and say, okay, we realize you're a criminal and no doubt Lousy's come back.
[28:14.440 --> 28:21.440]  But this guy over here, he's the worst come back than you are. So if you testify, then
[28:21.440 --> 28:26.440]  we will give you indemnity from prosecution. That was what it was intended for. But that's
[28:26.440 --> 28:35.440]  not what it sounded like. So that came as a very powerful tool to use. In Australia it's
[28:35.440 --> 28:43.440]  a crime not to vote. So everyone is required to vote. And what that has caused is the
[28:43.440 --> 28:52.440]  elections to be very close. So you're electorate in Australia. They're going to be very sensitive
[28:52.440 --> 29:02.440]  to the voters. And it is the legislature that elects the attorney general. So we put together
[29:02.440 --> 29:14.440]  a plan, a low down, stinking, rotten, dirty political maneuver to gain purchase and force
[29:14.440 --> 29:22.440]  the system to follow law. As you can see our carers are building up and we have Chad from
[29:22.440 --> 29:28.440]  Alaska and Alex from New York, John from Texas. We'll take you on the other side. I'll finish
[29:28.440 --> 29:34.440]  up really quickly. I've got a lot more I can go through, but I don't want to keep our carers
[29:34.440 --> 29:39.440]  all day. So I'll finish this part up quickly on the other side and we'll go to carers.
[29:39.440 --> 30:06.440]  I lost my son. My uncle. On September 11th, 2001. Most people don't know that a third
[30:06.440 --> 30:12.440]  hour fell on September 11th. World Trade Center 7, a 47 story skyscraper was not hit by a
[30:12.440 --> 30:17.440]  plane. Although the official explanation is that fire brought down building 7. Over 1,200
[30:17.440 --> 30:21.440]  architects and engineers have looked into the evidence and believed there is more to
[30:21.440 --> 30:27.440]  the story. Bring justice to my son. My uncle. My nephew. My son. Go to building what.org.
[30:27.440 --> 30:34.440]  Why it fell. Why it matters as what you can do. To say children are a big commitment is
[30:34.440 --> 30:39.440]  an important statement. Raising a family takes enormous energy, love and patience. And of
[30:39.440 --> 30:43.440]  course, lots of money. I'm Dr. Catherine Albrecht and I'll be back with the USDA's
[30:43.440 --> 30:49.440]  shocking estimate of the cost to raise a child. Privacy is under attack. When you give
[30:49.440 --> 30:54.440]  up data about yourself, you'll never get it back again. And once your privacy is gone,
[30:54.440 --> 30:59.440]  you'll find your freedoms will start to vanish too. So protect your rights. Say no to
[30:59.440 --> 31:04.440]  surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[31:04.440 --> 31:09.440]  This public service announcement is brought to you by StartPage.com, the private search engine
[31:09.440 --> 31:15.440]  alternative to Google, Yahoo and Bing. Start over with StartPage.
[31:15.440 --> 31:20.440]  Raising a child is expensive, but just how expensive is a real eye-opener? According to
[31:20.440 --> 31:26.440]  the U.S. Department of Agriculture, it costs about $286,000 to raise a middle-class child
[31:26.440 --> 31:32.440]  through age 17. That's nearly $16,000 a year. That estimate includes housing, food,
[31:32.440 --> 31:37.440]  transportation, clothing, healthcare, and things like haircuts and music lessons. But it
[31:37.440 --> 31:41.440]  doesn't include one of the biggest expenses parents incur, the cost of higher education.
[31:41.440 --> 31:47.440]  In-state college tuition and fees at public universities currently run about $7,000 a
[31:47.440 --> 31:51.440]  year, and they're expected to rise faster than the rate of inflation. Yikes.
[31:51.440 --> 31:56.440]  I'm Peter Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:22.440 --> 32:45.440]  When you're going to stop abuse, you'll have power.
[32:45.440 --> 32:55.440]  Okay, we're back. I ran to tell me that it's James Eddie Craig.
[32:55.440 --> 33:00.440]  John, if he'll call back again, we will first. I think he's at the top.
[33:00.440 --> 33:10.440]  We're almost done. There was one other trick we had. I keep telling everybody,
[33:10.440 --> 33:16.440]  you're not going to win your case because the law is on your side. To think so is naive.
[33:16.440 --> 33:22.440]  The courts are correct. Now, that may not be right, but that's how it is in the world I live in.
[33:22.440 --> 33:29.440]  You will win your case if you can get politics on your side. So, I'm an Australian looking
[33:29.440 --> 33:36.440]  for politics. We've got a legislator. The legislature is always changing places.
[33:36.440 --> 33:43.440]  The votes are close. They switch back and forth because they move from the labor to the liberal,
[33:43.440 --> 33:48.440]  back and forth. Neither one of them does anything, so each time the election comes,
[33:48.440 --> 33:53.440]  they tend to shift to the other. And when a new government gets voted in,
[33:53.440 --> 33:59.440]  they elect their own attorney general. So, what we do is we file a can against the
[33:59.440 --> 34:07.440]  officials. The registrar refuses to accept the can. We take the can to a magistrate.
[34:07.440 --> 34:12.440]  A can against the registrar to a magistrate who refuses to act on it.
[34:12.440 --> 34:20.440]  And then we write a letter to all the legislatures. It accuses those dirty rotten scoundrels
[34:20.440 --> 34:28.440]  of electing this corrupt unscrupulous attorney general so that he can indemnify this corrupt judge
[34:28.440 --> 34:34.440]  when he screws us in the court. And when we start doing that to the electorate,
[34:34.440 --> 34:37.440]  they're going to go to the attorney general and say, what is going on here?
[34:37.440 --> 34:44.440]  These guys are accusing you of using Article 30 to indemnify these judges from their criminal acts
[34:44.440 --> 34:50.440]  against the poor mistreaty of the electorate. And the attorney general is going to say,
[34:50.440 --> 34:56.440]  well, he talks about, I didn't do that. The best guy to go after is the innocent party.
[34:56.440 --> 35:01.440]  He's going to scream bloody murder. He's going to go down and get a hold of this judge
[35:01.440 --> 35:08.440]  and tell him, you are becoming a political liability, Bubba. You better fix it.
[35:08.440 --> 35:11.440]  You won't win your case because the law is on your side.
[35:11.440 --> 35:15.440]  You win your case when you get politics on your side.
[35:15.440 --> 35:22.440]  And there was one other quick thing. In their code of civil procedure,
[35:22.440 --> 35:29.440]  it starts out with overreaching obligations of the litigants.
[35:29.440 --> 35:36.440]  Every litigant has an overreaching obligation to make every effort to settle any controversy
[35:36.440 --> 35:40.440]  before it comes to litigation. And if it does come to litigation,
[35:40.440 --> 35:48.440]  to limit the matters brought before the court to provide communication with the opposing side
[35:48.440 --> 35:53.440]  for the purpose of eliminating this, this gives you a way to go after these attorneys
[35:53.440 --> 36:00.440]  when they pull their common attorney crapola, when they don't respond or they slow to respond.
[36:00.440 --> 36:06.440]  You can come in and charge them with violating an overreaching obligation
[36:06.440 --> 36:11.440]  and go right after them with their professional, with the law society.
[36:11.440 --> 36:14.440]  So you have a lot more tools in Australia.
[36:14.440 --> 36:18.440]  That's kind of an overview of what we've come across.
[36:18.440 --> 36:22.440]  We have a bunch of folks on and John is back.
[36:22.440 --> 36:26.440]  Okay, we're going to take John and Alex, if it's okay with you,
[36:26.440 --> 36:30.440]  I'm going to take Chad next because he's holding from Alaska.
[36:30.440 --> 36:34.440]  It's probably costing him a little more to hang on the line.
[36:34.440 --> 36:39.440]  So we're going to go to John first. He was first in line.
[36:39.440 --> 36:42.440]  John, what's on your mind today?
[36:42.440 --> 36:48.440]  Well, I was in a municipal court for a class C
[36:48.440 --> 36:52.440]  and I kept asking for the information, the charging instrument,
[36:52.440 --> 36:58.440]  and they just kept ignoring me and I kept objecting that anyway they had their dog and pony show.
[36:58.440 --> 37:01.440]  And of course, you get found guilty.
[37:01.440 --> 37:06.440]  But I just wanted to try to understand how do they proceed in a criminal case
[37:06.440 --> 37:12.440]  in violation of what is it?
[37:12.440 --> 37:14.440]  That's a piece of cake.
[37:14.440 --> 37:20.440]  They can ignore the law all they want to as long as you don't beat them up for it.
[37:20.440 --> 37:23.440]  Anthony, you want to address this?
[37:23.440 --> 37:28.440]  Well, which part first?
[37:28.440 --> 37:32.440]  That's true. As long as they think that what they're doing has no accountability,
[37:32.440 --> 37:34.440]  they'll keep doing it.
[37:34.440 --> 37:36.440]  Now, what state are you in?
[37:36.440 --> 37:38.440]  I'm in Texas.
[37:38.440 --> 37:40.440]  You're in Texas.
[37:40.440 --> 37:46.440]  2.05 code of criminal procedure being one of those things that says an information is required
[37:46.440 --> 37:51.440]  in order to prosecute 27.01 code of criminal procedure,
[37:51.440 --> 37:55.440]  which says that the primary pleading of the state in any criminal prosecution
[37:55.440 --> 37:59.440]  is the indictment or information and so on and so forth.
[37:59.440 --> 38:07.440]  The problem is, in a municipal court, they are relying on a statute that no longer exists
[38:07.440 --> 38:12.440]  and has not existed since 1994.
[38:12.440 --> 38:14.440]  That's the issue.
[38:14.440 --> 38:19.440]  So what we need to do is take their 1958 case law,
[38:19.440 --> 38:26.440]  which is what they've used to facilitate these acts of prosecuting on complaint alone,
[38:26.440 --> 38:30.440]  and cram it where the sun don't shine by showing them it's no longer valid.
[38:30.440 --> 38:32.440]  And Randy is right.
[38:32.440 --> 38:35.440]  To do that, there isn't but one way left to us,
[38:35.440 --> 38:40.440]  and that's to sue the living crapola out of them for acting without jurisdiction,
[38:40.440 --> 38:44.440]  because that is exactly what they're doing.
[38:44.440 --> 38:50.440]  Now, the Supreme Court has said that when a judge acts without jurisdiction,
[38:50.440 --> 38:53.440]  that judge is guilty of an act of treason.
[38:53.440 --> 38:56.440]  So we need to make that charge.
[38:56.440 --> 39:00.440]  We need to make that accusation and we need to file that suit.
[39:00.440 --> 39:02.440]  Okay.
[39:02.440 --> 39:07.440]  So you're going to file that in the county court at law or the district court?
[39:07.440 --> 39:13.440]  Well, who has the power to prosecute acts of treason?
[39:13.440 --> 39:16.440]  Oh, that might be a little higher up in that.
[39:16.440 --> 39:17.440]  Yep.
[39:17.440 --> 39:19.440]  Sounds like a federal court then.
[39:19.440 --> 39:20.440]  Yep.
[39:20.440 --> 39:28.440]  Well, what you would go to is, Eddie's referencing Cohen's Virginia,
[39:28.440 --> 39:32.440]  where the court said, unlike the legislature,
[39:32.440 --> 39:35.440]  we may not avoid an issue because it is honor us.
[39:35.440 --> 39:39.440]  We must take jurisdiction where jurisdiction is had,
[39:39.440 --> 39:44.440]  and we may not take jurisdiction where jurisdiction is not had.
[39:44.440 --> 39:48.440]  Either would be treason to the Constitution.
[39:48.440 --> 39:50.440]  So it's not treason against the United States.
[39:50.440 --> 39:54.440]  It's treason against the Constitution.
[39:54.440 --> 39:57.440]  And that's how you would go for them.
[39:57.440 --> 40:03.440]  But you can do this in the state for a breach of due process.
[40:03.440 --> 40:05.440]  And there was an interesting issue.
[40:05.440 --> 40:12.440]  A friend out of Dallas brought this to my attention about a year ago.
[40:12.440 --> 40:18.440]  He spoke to the constitutional provision for outlawry.
[40:18.440 --> 40:22.440]  And that was interesting because when I got to Australia,
[40:22.440 --> 40:27.440]  I went to see two proceeds who were in court that morning.
[40:27.440 --> 40:32.440]  And one of them was in court because he had sued a judge.
[40:32.440 --> 40:37.440]  He sued the judge because he had filed a motion in the court,
[40:37.440 --> 40:40.440]  and the judge refused to hear his motion.
[40:40.440 --> 40:44.440]  He charged the judge without lawry,
[40:44.440 --> 40:49.440]  in that the judge denied him his remedy in the court
[40:49.440 --> 40:52.440]  and set him outside the law.
[40:52.440 --> 40:57.440]  Now that is specifically forbidden in our federal constitution.
[40:57.440 --> 41:03.440]  So if you go before the court and the court fails to provide you
[41:03.440 --> 41:06.440]  with your due process,
[41:06.440 --> 41:10.440]  they set you outside the protection of the law,
[41:10.440 --> 41:14.440]  and you can go for the judge for outlawry.
[41:14.440 --> 41:20.440]  Now in this case, he was before the Supreme Court of the state.
[41:20.440 --> 41:24.440]  So this judge had not been able to get the suit tossed.
[41:24.440 --> 41:27.440]  He was there arguing about whether he got a jury or not.
[41:27.440 --> 41:32.440]  So this claim stuck to the judge.
[41:32.440 --> 41:34.440]  And that was wonderful.
[41:34.440 --> 41:39.440]  It might be something that you want to look at.
[41:39.440 --> 41:41.440]  Let me ask this question.
[41:41.440 --> 41:47.440]  I think they only gave me until the next week to pay this fine
[41:47.440 --> 41:48.440]  and the court cost.
[41:48.440 --> 41:51.440]  We did like $500 that I don't have.
[41:51.440 --> 41:55.440]  So what can you submit to hold that off?
[41:55.440 --> 41:57.440]  Start out with a notice of appeal.
[41:57.440 --> 42:03.440]  The problem in these traffic is if you appeal,
[42:03.440 --> 42:07.440]  you have to put up double the amount of the fine.
[42:07.440 --> 42:11.440]  Well, not according to...
[42:11.440 --> 42:15.440]  I didn't appeal what I do with that.
[42:15.440 --> 42:19.440]  I gave him a notice of what the law says about that.
[42:19.440 --> 42:23.440]  And you probably should know it.
[42:23.440 --> 42:26.440]  I know what the law says about bail,
[42:26.440 --> 42:28.440]  but there's a special statute.
[42:28.440 --> 42:31.440]  Do you want to address that in traffic?
[42:31.440 --> 42:34.440]  As far as them posting the appeal bond?
[42:34.440 --> 42:35.440]  Yes.
[42:35.440 --> 42:40.440]  They are allowed to require the posting of a bond,
[42:40.440 --> 42:43.440]  double the amount of any judgment against you.
[42:43.440 --> 42:46.440]  Now, they are not allowed to add the court cost.
[42:46.440 --> 42:51.440]  They can only charge you what the jury found you guilty of
[42:51.440 --> 42:54.440]  and said you had to pay.
[42:54.440 --> 42:58.440]  They try to add the court cost and all the other extras
[42:58.440 --> 43:00.440]  and then double that amount.
[43:00.440 --> 43:05.440]  That's not what the statute allows them to do.
[43:05.440 --> 43:09.440]  It specifically states that it applies to the fines,
[43:09.440 --> 43:12.440]  and that will be whatever the jury assessed.
[43:12.440 --> 43:15.440]  If the jury did not assess court costs,
[43:15.440 --> 43:19.440]  they can't collect court costs.
[43:19.440 --> 43:24.440]  But they're trying to do that anyway.
[43:24.440 --> 43:26.440]  Is your name Eddie?
[43:26.440 --> 43:27.440]  Yes.
[43:27.440 --> 43:33.440]  Okay, Eddie, are you familiar with article 44.281?
[43:33.440 --> 43:36.440]  44. what?
[43:36.440 --> 43:38.440]  281.
[43:38.440 --> 43:39.440]  281?
[43:39.440 --> 43:40.440]  Yes, I am.
[43:40.440 --> 43:42.440]  But we're going to go to break,
[43:42.440 --> 43:43.440]  so hang on just a second,
[43:43.440 --> 43:46.440]  and we'll pick that up with you on the other side, okay?
[43:46.440 --> 43:47.440]  Thank you so much.
[43:47.440 --> 43:49.440]  Yes, sir.
[43:49.440 --> 43:50.440]  All right, folks.
[43:50.440 --> 43:54.440]  This is Grewle Law Radio 512-646-1984.
[43:54.440 --> 44:00.440]  We'll be right back on the other side of the break.
[44:00.440 --> 44:03.440]  It is so enlightening to listen to 90.1 FM,
[44:03.440 --> 44:06.440]  but finding things on the Internet isn't so easy,
[44:06.440 --> 44:09.440]  and neither is finding like-minded people to share it with.
[44:09.440 --> 44:12.440]  Oh, well, I guess you haven't heard of Brave New Books, then.
[44:12.440 --> 44:13.440]  Brave New Books?
[44:13.440 --> 44:14.440]  Yes.
[44:14.440 --> 44:16.440]  Brave New Books has all the books and DVDs you're looking for
[44:16.440 --> 44:20.440]  by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[44:20.440 --> 44:24.440]  They even stock inner food, Burkey products, and Calvin Soaps.
[44:24.440 --> 44:26.440]  There's no way a place like that exists.
[44:26.440 --> 44:28.440]  Go check it out for yourself.
[44:28.440 --> 44:32.440]  It's downtown at 1904 Guadalupe Street, just south of UT.
[44:32.440 --> 44:33.440]  Oh, by UT?
[44:33.440 --> 44:35.440]  There's never anywhere to park down there.
[44:35.440 --> 44:38.440]  Actually, they now offer a free hour of parking
[44:38.440 --> 44:41.440]  for paying customers at the 500 MLK parking facility
[44:41.440 --> 44:43.440]  just behind the bookstore.
[44:43.440 --> 44:46.440]  It does exist, but when are they open?
[44:46.440 --> 44:51.440]  Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays.
[44:51.440 --> 44:55.440]  So give them a call at 512-480-2503,
[44:55.440 --> 45:24.440]  or check out their events page at bravenewbookstore.com.
[45:25.440 --> 45:27.440]  We're here to help you get your daily intake
[45:27.440 --> 45:29.440]  and is perfect to add to your storage shelter.
[45:29.440 --> 45:33.440]  We urge our listeners to please visit us at hempusa.org.
[45:33.440 --> 45:37.440]  And remember, all of our products are chemical-free and healthy to eat.
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[46:13.440 --> 46:17.440]  Hi, folks. This is Rule of Law Radio. We are back.
[46:17.440 --> 46:20.440]  Okay, let's pick up what we left off here.
[46:20.440 --> 46:23.440]  Just for those folks that are out there listening,
[46:23.440 --> 46:26.440]  Article 44.281, which you referred to,
[46:26.440 --> 46:30.440]  is disposition of fines and costs when misdemeanor affirmed.
[46:30.440 --> 46:35.440]  In misdemeanor cases affirmed on appeal from a municipal court,
[46:35.440 --> 46:38.440]  the fine imposed on appeal and the cost imposed on appeal
[46:38.440 --> 46:40.440]  shall be collected from the defendant,
[46:40.440 --> 46:43.440]  and the fine of the municipal court when collected
[46:43.440 --> 46:45.440]  shall be paid into the municipal treasury.
[46:45.440 --> 46:51.440]  That is on your appeal if it finds you guilty again on the appeal.
[46:51.440 --> 46:54.440]  If it affirms the lower court's conviction,
[46:54.440 --> 46:58.440]  then you will pay that money, okay?
[46:58.440 --> 47:05.440]  However, 37.12, if you're going to appeal it,
[47:05.440 --> 47:08.440]  then they can enter you into a bail bond
[47:08.440 --> 47:14.440]  or in some amount, at least double the amount of the assessed fine and cost, okay?
[47:14.440 --> 47:19.440]  These are the only types of cases where they do that,
[47:19.440 --> 47:23.440]  and that alone makes it a problem,
[47:23.440 --> 47:27.440]  because anyone convicted of a fine-only offense
[47:27.440 --> 47:30.440]  has to give up their money to get their appeal.
[47:30.440 --> 47:32.440]  No one else has to do that.
[47:32.440 --> 47:36.440]  Even a murderer doesn't have to do that to get an appeal.
[47:36.440 --> 47:40.440]  So these are issues that need to be corrected.
[47:40.440 --> 47:42.440]  I completely agree with you in that
[47:42.440 --> 47:47.440]  I don't think they should be allowed to take the money for the appeal bond.
[47:47.440 --> 47:51.440]  They should be payable only if the appeal is affirmed,
[47:51.440 --> 47:55.440]  just like it would be in any other case with a judgment.
[47:55.440 --> 47:59.440]  If the appeals court affirms the conviction,
[47:59.440 --> 48:06.440]  then they can collect money from you, but not before.
[48:06.440 --> 48:10.440]  Given that money, why don't I just keep the money
[48:10.440 --> 48:14.440]  and go file a case like Randy was talking about in federal court,
[48:14.440 --> 48:18.440]  and without any money, you can do an informal pompress, I think.
[48:18.440 --> 48:20.440]  What would be wrong with that?
[48:20.440 --> 48:22.440]  You could do the informal pompress
[48:22.440 --> 48:27.440]  before you ever started the trial at the state level.
[48:27.440 --> 48:30.440]  You could do that, and even if they win the judgment,
[48:30.440 --> 48:35.440]  they can't make you pay it in money.
[48:35.440 --> 48:37.440]  How are you going to pay it?
[48:37.440 --> 48:43.440]  You would have to pay it off in community service or something of that nature.
[48:43.440 --> 48:48.440]  Well, when you say that nature besides community service, what is it?
[48:48.440 --> 48:50.440]  Jail.
[48:50.440 --> 48:52.440]  What?
[48:52.440 --> 48:54.440]  You can sit it out in jail.
[48:54.440 --> 48:56.440]  No, it's a fine-only offense.
[48:56.440 --> 48:59.440]  It cannot involve incarceration as a part of the punishment.
[48:59.440 --> 49:01.440]  That includes paying off the fine.
[49:01.440 --> 49:03.440]  That's what the book says,
[49:03.440 --> 49:06.440]  but if you don't pay it, they'll issue a warrant and throw you in jail,
[49:06.440 --> 49:10.440]  and they'll give you either $100 or $200 a day time served.
[49:10.440 --> 49:12.440]  $50 a day.
[49:12.440 --> 49:14.440]  Depends on where you're at.
[49:14.440 --> 49:16.440]  How much is it?
[49:16.440 --> 49:18.440]  Depends on where you're at.
[49:18.440 --> 49:20.440]  Sometimes it's, I was in one jail.
[49:20.440 --> 49:22.440]  It was $200 a day.
[49:22.440 --> 49:24.440]  They didn't really want you in your jail,
[49:24.440 --> 49:26.440]  but we really need to move on.
[49:26.440 --> 49:30.440]  We've got a number of callers, and we're clogging them up here.
[49:30.440 --> 49:35.440]  Well, I don't think any might be able to explain Article 43.03.
[49:35.440 --> 49:37.440]  43.03?
[49:37.440 --> 49:39.440]  Yes, sir.
[49:39.440 --> 49:41.440]  All right, hang on.
[49:49.440 --> 49:52.440]  43.03.
[49:52.440 --> 49:54.440]  Payment of fine.
[49:54.440 --> 49:56.440]  Subsection A.
[49:56.440 --> 50:00.440]  If a defendant is sentenced to pay a fine or court cost or both,
[50:00.440 --> 50:02.440]  and the defendant defaults in payment,
[50:02.440 --> 50:06.440]  the court, after a hearing under subsection D of this article,
[50:06.440 --> 50:11.440]  may order the defendant confined in jail until discharged as provided by law.
[50:11.440 --> 50:16.440]  May order the defendant to discharge the fines and costs in any other manner
[50:16.440 --> 50:19.440]  provided by Article 43.09 of this code,
[50:19.440 --> 50:25.440]  or may waive payment of the fines and costs as provided by Article 43.091.
[50:25.440 --> 50:27.440]  A certified copy of the judgment,
[50:27.440 --> 50:32.440]  sentence, and order is sufficient to authorize confinement under this subsection.
[50:32.440 --> 50:35.440]  First thing I would do is challenge it on the grounds of,
[50:35.440 --> 50:41.440]  can I be imprisoned for a debt?
[50:41.440 --> 50:43.440]  Sure.
[50:43.440 --> 50:46.440]  What I'm trying to get around to is that it says,
[50:46.440 --> 50:51.440]  term of confinement for default in payment of fine or court or both
[50:51.440 --> 50:56.440]  may not exceed the maximum term of confinement authorized for the offense.
[50:56.440 --> 50:58.440]  Exactly.
[50:58.440 --> 51:00.440]  If there's no authorized confinement,
[51:00.440 --> 51:03.440]  then there can't be any confinement involved with it.
[51:03.440 --> 51:05.440]  That's my whole point.
[51:05.440 --> 51:08.440]  Thank you.
[51:08.440 --> 51:10.440]  Okay.
[51:10.440 --> 51:12.440]  Thank you, John.
[51:12.440 --> 51:19.440]  We're going to go to Chad in Alaska.
[51:19.440 --> 51:22.440]  Chad, how's it going up there?
[51:22.440 --> 51:24.440]  Hi. Can you hear me okay?
[51:24.440 --> 51:26.440]  Chad.
[51:26.440 --> 51:28.440]  Okay.
[51:28.440 --> 51:30.440]  I'm going to just try and keep this simple and small,
[51:30.440 --> 51:34.440]  but it expands into several felonies and things.
[51:34.440 --> 51:41.440]  I went to pick up $1,000 of firearms from a firearm dealer,
[51:41.440 --> 51:50.440]  and he refused to transfer them or run a background check
[51:50.440 --> 51:57.440]  or do anything at all because my driver's license was expired a year previously,
[51:57.440 --> 52:07.440]  and he refused to accept any and all forms of other identification to identify me.
[52:07.440 --> 52:13.440]  He told me that I must read my driver's license or got a state ID
[52:13.440 --> 52:16.440]  that he would refuse to transfer them.
[52:16.440 --> 52:28.440]  And then recently he sent me a bill where he had legal expenses itemized
[52:28.440 --> 52:32.440]  and things like that to cover the cost of the firearms
[52:32.440 --> 52:35.440]  in an attempt to claim ownership of them.
[52:35.440 --> 52:40.440]  And then after studying the laws and things
[52:40.440 --> 52:45.440]  and communicating with him on several occasions,
[52:45.440 --> 52:50.440]  he still refuses to follow the duties.
[52:50.440 --> 52:53.440]  Wait a minute, something doesn't make sense here.
[52:53.440 --> 52:56.440]  Did you take possession of the firearms?
[52:56.440 --> 52:58.440]  No, he refuses to even do it.
[52:58.440 --> 52:59.440]  Okay, wait a minute.
[52:59.440 --> 53:02.440]  Were you trying to purchase the firearms?
[53:02.440 --> 53:04.440]  Well, I did purchase them,
[53:04.440 --> 53:09.440]  and they were sent from one state to the firearms dealer in my state.
[53:09.440 --> 53:16.440]  And then the firearms dealer refused to provide the firearms and refused to return your money.
[53:16.440 --> 53:17.440]  Correct.
[53:17.440 --> 53:25.440]  Okay, so he made a claim of his costs for transporting the firearms.
[53:25.440 --> 53:27.440]  Yeah, he sent me a bill.
[53:27.440 --> 53:34.440]  Do you have a contract of sale?
[53:34.440 --> 53:40.440]  Just the receipts that you get when you order things on the Internet.
[53:40.440 --> 53:48.440]  Does the receipt, does the contract of sale include the cost of shipping
[53:48.440 --> 53:58.440]  in the instance that you don't produce a specific kind of identification?
[53:58.440 --> 54:05.440]  Better yet, what do the specific laws in your state allow him to use as identification?
[54:05.440 --> 54:15.440]  Well, this is the smallest subset of relevant duties or rules that he should follow.
[54:15.440 --> 54:21.440]  The Federal Firearms License Equip Reference and Best Practices Guide,
[54:21.440 --> 54:29.440]  provided by ATF for firearms dealers states that the main address, photograph, and date of birth
[54:29.440 --> 54:36.440]  is required on a government-issued identification document, so my driver's license satisfies that.
[54:36.440 --> 54:47.440]  Then there's a special ATF ruling 2001-5 that states an expired driver's license is an acceptable form
[54:47.440 --> 54:55.440]  of identification document as long as state statutes contain the laws that declare the license to be invalid.
[54:55.440 --> 55:03.440]  So then I study the state laws, and the state laws under temporary driver's licenses
[55:03.440 --> 55:08.440]  says that a temporary driver's license becomes invalid upon expiration.
[55:08.440 --> 55:15.440]  But if you look at all the state statutes under regular driver's licenses,
[55:15.440 --> 55:19.440]  there's nothing that ever declares them to be invalid.
[55:19.440 --> 55:25.440]  Wait a minute. This goes back to the duty of the firearms dealer.
[55:25.440 --> 55:31.440]  Does he have a duty to sell product to you?
[55:31.440 --> 55:37.440]  Well, he's not selling them. He's just the receiver in my state.
[55:37.440 --> 55:43.440]  It's not clear what's happening here. You ordered the weapons online?
[55:43.440 --> 55:46.440]  Yeah, from another city.
[55:46.440 --> 55:51.440]  And they had to come through this dealer to get to you?
[55:51.440 --> 55:55.440]  Yeah, you have to go to a dealer. You can't send them through the mail.
[55:55.440 --> 56:03.440]  So was the dealer privy to the contract?
[56:03.440 --> 56:07.440]  No, not directly. Only under federal law.
[56:07.440 --> 56:15.440]  No, you had no contract with the dealer.
[56:15.440 --> 56:19.440]  Okay, did you select that deal?
[56:19.440 --> 56:25.440]  The federal law requires that shipping firearms from out of state.
[56:25.440 --> 56:31.440]  Okay, I understand that part. Did you select the dealer that the firearms went to?
[56:31.440 --> 56:35.440]  Yeah, you do that at the time of purchase when you buy the firearms.
[56:35.440 --> 56:37.440]  That's my question.
[56:37.440 --> 56:39.440]  Yes, you have to go to the dealer. The dealer has to order them.
[56:39.440 --> 56:43.440]  Wait, wait a minute. You purchased these online?
[56:43.440 --> 56:44.440]  Yeah.
[56:44.440 --> 56:50.440]  How did the dealer who received them get selected? Did you select that dealer?
[56:50.440 --> 56:53.440]  That's part of the buying process on the online...
[56:53.440 --> 57:00.440]  Stop, stop, stop. This is extremely important in a contractual agreement.
[57:00.440 --> 57:09.440]  Did you make the selection of which dealer they went to, or was it done from the other side?
[57:09.440 --> 57:19.440]  Well, I'm answering you. The answer is that it's part of a selection when you buy the firearms online.
[57:19.440 --> 57:22.440]  It's part of a form on the web.
[57:22.440 --> 57:26.440]  Did you select the specific dealer?
[57:26.440 --> 57:28.440]  Yeah.
[57:28.440 --> 57:33.440]  It means you like the list of dealers in every state and you select which one.
[57:33.440 --> 57:40.440]  Okay, that was what I was getting at. If you selected it, it's a different situation than if the other side had selected the dealer.
[57:40.440 --> 57:43.440]  Well, they prefer to select teams.
[57:43.440 --> 57:48.440]  Okay, now you have a contractual engagement with the dealer.
[57:48.440 --> 57:53.440]  You're going to a contract issue here.
[57:53.440 --> 58:00.440]  The dealer charged you a fee for handling the weapons.
[58:00.440 --> 58:08.440]  No, he refuses to proceed at all unless they have the current driver's license.
[58:08.440 --> 58:10.440]  That's it?
[58:10.440 --> 58:15.440]  He refuses to accept payment, refuses to take one step at all.
[58:15.440 --> 58:26.440]  Okay, you don't have a contract. If there is no, if nothing of value has changed, then there isn't a contract.
[58:26.440 --> 58:30.440]  I don't, I wouldn't think that you could compel him to enter that contract.
[58:30.440 --> 58:37.440]  Okay, we're about to go to break. This is Randy Kelton, Debbie Stevens, Eddie Craig with Law Radio.
[58:37.440 --> 58:39.440]  We'll be right back on the other side.
[58:39.440 --> 58:45.440]  And we've got a bunch of callers. I see you there. We'll get to you when we get back.
[58:45.440 --> 58:59.440]  Our calling number is 512-646-1984. We'll be right back.
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[01:00:28.440 --> 01:00:43.440]  Greenpeace Wednesday accused Mattel, makers of Barbie dolls, for contributing to the want and destruction of Indonesian forests and endangered species like the Sumatran tigers.
[01:00:43.440 --> 01:01:00.440]  The environmental group said Barbie doll packaging contained timber from Asia pulp and paper, a notorious destroyer of Indonesia's dwindling natural forest. Indonesia is the world's third biggest emitter of greenhouse gases through deforestation for the timber industry,
[01:01:00.440 --> 01:01:04.440]  coal mines and oil palm plantations.
[01:01:04.440 --> 01:01:16.440]  Former Georgia congresswoman and Green Party presidential candidate Cynthia McKinney on a fact-finding mission to Tripoli has charged as false NATO claims the civilian casualties have been minimal.
[01:01:16.440 --> 01:01:25.440]  McKinney said, these bombs and missiles are not falling in empty spaces. Tripoli is a major metropolitan city of 2 million people.
[01:01:25.440 --> 01:01:34.440]  With Japan's economy in the pits, desperate workers are flocking to the crippled Fukushima nuclear complex in hopes of finding cleanup work.
[01:01:34.440 --> 01:01:45.440]  The prolonged battle to stabilize the nuclear complex has cast a harsh light on the practices of an industry that relies on informal contract labor for its most dangerous jobs.
[01:01:45.440 --> 01:01:55.440]  Of 2,500 employees at Fukushima, all but 300 work for subcontractors who receive little job security and few benefits or health insurance.
[01:01:55.440 --> 01:02:06.440]  Labor expert Tokyo Kinoshita said this setup has allowed Tokyo Electric to transfer risks to subcontractors and their poorly paid, poorly trained employees,
[01:02:06.440 --> 01:02:12.440]  endangering their health and undermining safety at Japan's 55 nuclear reactors.
[01:02:12.440 --> 01:02:18.440]  Newly WikiLeafed Cables paint a scary portrait of conditions in developing nations' nuclear power plants.
[01:02:18.440 --> 01:02:29.440]  In India, which has a fully operational nuclear industry and plans to build 58 more reactors, the security of the nuclear facility was described as having very little security in key areas.
[01:02:29.440 --> 01:02:42.440]  In Azerbaijan, a November 2008 cable described the man appointed to regulate a proposed nuclear program Kamaladin Hadarov as ubiquitous with his hands in everything from construction to customs.
[01:02:42.440 --> 01:02:48.440]  The Fukushima nuclear disaster has caused many to question the safety of nuclear power around the world.
[01:02:48.440 --> 01:02:58.440]  Critics say if a modern, stable country such as Japan has lax regulatory oversight, failed infrastructure and a slow response to a crisis from authorities,
[01:02:58.440 --> 01:03:03.440]  then it begs the question of how less developed nations would handle a similar situation.
[01:04:28.440 --> 01:04:35.440]  We're back. Okay, this portion of what we're talking about so far, I think we've got it isolated down to.
[01:04:35.440 --> 01:04:43.440]  You ordered this product online and it had to be distributed to you in Alaska through a local dealer.
[01:04:43.440 --> 01:04:52.440]  And the local dealer elected not to do business unless he had certain kind of identification.
[01:04:52.440 --> 01:04:55.440]  Yeah, he's making up his own minds.
[01:04:55.440 --> 01:05:00.440]  Well, what duty does he have to do business with you?
[01:05:00.440 --> 01:05:04.440]  I mean, okay, he's a dealer and that's going to place certain duties on it.
[01:05:04.440 --> 01:05:07.440]  Does he have a duty to do business with you?
[01:05:07.440 --> 01:05:16.440]  And if so, what law determines what kind of identification he can request?
[01:05:16.440 --> 01:05:22.440]  Okay, well, he has a fiduciary duty as a federal agent because he is a federal agent.
[01:05:22.440 --> 01:05:25.440]  No, he is not fiduciary to you.
[01:05:25.440 --> 01:05:36.440]  The only way he's a fiduciary to you is if he has the duty to act in your best entrance to the exclusion of his own best interest.
[01:05:36.440 --> 01:05:43.440]  In this case, while he is a licensed individual, that doesn't give him a fiduciary duty to you.
[01:05:43.440 --> 01:05:45.440]  You're contracting with one another.
[01:05:45.440 --> 01:05:55.440]  A real estate agent that you hire for the purpose of finding a property for you, he has a fiduciary duty.
[01:05:55.440 --> 01:06:00.440]  Or an attorney has a fiduciary duty to you.
[01:06:00.440 --> 01:06:03.440]  This is someone you're doing business with.
[01:06:03.440 --> 01:06:09.440]  While he's licensed in the performance of his business, he doesn't have the fiduciary duty to you.
[01:06:09.440 --> 01:06:13.440]  You can't compel him to contract with you.
[01:06:13.440 --> 01:06:23.440]  As far as I know, unless there's something in his licensing agreement that compels him to do business with someone.
[01:06:23.440 --> 01:06:33.440]  Well, he has an official duty to follow the regulations promulgated by the ETF that regulates his license.
[01:06:33.440 --> 01:06:37.440]  Okay, but that's when he does business.
[01:06:37.440 --> 01:06:42.440]  But what duty does he have to do business with any one particular individual?
[01:06:42.440 --> 01:06:48.440]  Well, I don't know why you say I'm doing business with him because I'm not doing business with him at all.
[01:06:48.440 --> 01:06:54.440]  What do you call that? He provides you, he puts a product in your hand. You pay him money for the product.
[01:06:54.440 --> 01:07:01.440]  No, I already bought it. I already bought the firearms from the sellers.
[01:07:01.440 --> 01:07:06.440]  Okay, then go to the seller and get it from the seller.
[01:07:06.440 --> 01:07:10.440]  He's having to act as the registration agent for the seller, Randy. That's what this is.
[01:07:10.440 --> 01:07:15.440]  I understand that part and this was my point.
[01:07:15.440 --> 01:07:22.440]  This person is an integral part of this transaction.
[01:07:22.440 --> 01:07:30.440]  If you have your own business, are you going to want me to be able to come and compel you to do business with me?
[01:07:30.440 --> 01:07:35.440]  But I'm not doing business with him. I'm not paying him anything. There's no excuse.
[01:07:35.440 --> 01:07:43.440]  You selected him. You selected him to provide you this product.
[01:07:43.440 --> 01:07:45.440]  No, I'm not.
[01:07:45.440 --> 01:07:49.440]  You didn't select him on the list. You told us you selected him on the list.
[01:07:49.440 --> 01:07:54.440]  Either you selected him or someone else selected him. Did you select him?
[01:07:54.440 --> 01:07:58.440]  I didn't select him to buy anything from him. I didn't select him.
[01:07:58.440 --> 01:08:09.440]  You selected him to provide you with this product. Now, he's concerned about...
[01:08:09.440 --> 01:08:14.440]  Randy, are you there? Did we lose Randy?
[01:08:14.440 --> 01:08:19.440]  It would appear so. He's either over-saturating the signal or...
[01:08:19.440 --> 01:08:25.440]  Okay, hold on, Randy. Randy, hold on, hold on. We just lost you for about 30 seconds.
[01:08:25.440 --> 01:08:28.440]  Can you please... It's got to the good part.
[01:08:28.440 --> 01:08:31.440]  Can you please back up? Back up. Okay.
[01:08:31.440 --> 01:08:39.440]  We're talking about whether or not the caller selected this dealer to provide the product to him.
[01:08:39.440 --> 01:08:45.440]  Yes, you can't say you're not doing business with him because you don't like it.
[01:08:45.440 --> 01:08:53.440]  Well, business means I pay you for something and I get something in return and I'm not doing that.
[01:08:53.440 --> 01:08:57.440]  He actually purchased the firearm from a separate dealer.
[01:08:57.440 --> 01:09:06.440]  The only thing this dealer is required to do by law is to complete the paperwork that transfers the firearms to his possession and ownership.
[01:09:06.440 --> 01:09:11.440]  Okay, wait a minute. I just got a notification. We've got a caller on the line who's a federal firearms dealer.
[01:09:11.440 --> 01:09:18.440]  He may be able to shed some light on this issue. We've got Gary from Texas. Okay, Gary, can you help out here?
[01:09:18.440 --> 01:09:24.440]  Yeah, I think so. Hey, Randy. Hey, Eddie. No, I'm a federal firearms dealer, did you?
[01:09:24.440 --> 01:09:25.440]  No, we didn't.
[01:09:25.440 --> 01:09:31.440]  I don't even know who this is, but I just got a Skype chat saying there was a Gary from Texas on the lines of federal firearms dealers.
[01:09:31.440 --> 01:09:34.440]  So just tell us what's going on. How can we help here?
[01:09:34.440 --> 01:09:37.440]  I think this is Gary the secret fan.
[01:09:37.440 --> 01:09:39.440]  Yeah, there you go.
[01:09:39.440 --> 01:09:41.440]  Okay, well, go ahead.
[01:09:41.440 --> 01:09:55.440]  The dealer can refuse to do business with anybody that he wants to if he has any reason to suspect that he's a straw purchase or anything out of the ordinary.
[01:09:55.440 --> 01:10:04.440]  And the dealer is requesting a current valid government ID of some sort.
[01:10:04.440 --> 01:10:06.440]  And that's not an issue.
[01:10:06.440 --> 01:10:09.440]  That's not correct. That's not correct.
[01:10:09.440 --> 01:10:12.440]  That's what I thought I heard you say.
[01:10:12.440 --> 01:10:17.440]  No, I said he's requesting, he's demanding a current driver's license.
[01:10:17.440 --> 01:10:20.440]  Do you have another form of ID, Chad?
[01:10:20.440 --> 01:10:31.440]  I have many other forms of IDs and an expired driver's license is still valid. It's not invalid.
[01:10:31.440 --> 01:10:44.440]  Gary, as an authorized dealer, does the dealer have a duty in this regard?
[01:10:44.440 --> 01:10:50.440]  Okay, the caller brings up a very interesting point, Randy.
[01:10:50.440 --> 01:11:01.440]  One thing, government issued IDs, and I have a problem with this personally. If they have an expiration date, after the expiration date, in most states, they're invalid.
[01:11:01.440 --> 01:11:10.440]  Now, the caller says that in his state, an expired driver's license is not invalid for identification purposes.
[01:11:10.440 --> 01:11:12.440]  Am I getting that right, caller?
[01:11:12.440 --> 01:11:13.440]  Correct.
[01:11:13.440 --> 01:11:16.440]  Okay, well, not only that, I have another question.
[01:11:16.440 --> 01:11:23.440]  Did you try to show him another form of government issued ID that was not expired, like, say, a passport or something?
[01:11:23.440 --> 01:11:30.440]  Yeah, like, I'm an SEA licensed airframe and power plant mechanic, and he wouldn't accept that.
[01:11:30.440 --> 01:11:34.440]  He wouldn't accept a deed to my property.
[01:11:34.440 --> 01:11:45.440]  Well, deed to a property wouldn't be ID. A deed to a property is not considered ID, but an FAA license, a mechanics license, if it has a current date on it,
[01:11:45.440 --> 01:11:48.440]  that should be considered a government issued ID.
[01:11:48.440 --> 01:11:59.440]  No, don't hang on. The specific requirements are that it be a photo ID, unless it actually has a photo of it on him, it's not going to be accepted either.
[01:11:59.440 --> 01:12:05.440]  No. I wish I could say something, because you're long missing a boat here.
[01:12:05.440 --> 01:12:16.440]  The dealer's responsibility is to identify that's his responsibility. It's not to make sure your driver's license is current or any other thing.
[01:12:16.440 --> 01:12:32.440]  And the rules that govern his duty say that he can use any number of government issued documents to collect the resident's address, date of birth, and photograph.
[01:12:32.440 --> 01:12:35.440]  No, okay. Well, we have to go here.
[01:12:35.440 --> 01:12:37.440]  We need some documents to do that.
[01:12:37.440 --> 01:12:39.440]  Hold on. Hold on, Chad.
[01:12:39.440 --> 01:12:46.440]  What we have to go here is not what he can do, but what must he do.
[01:12:46.440 --> 01:12:49.440]  I'm not trying to do it hard times.
[01:12:49.440 --> 01:13:00.440]  What is he compelled to do? You're implying that because you have an ID that you think is valid,
[01:13:00.440 --> 01:13:04.440]  that he's compelled to accept that ID. Gary, what?
[01:13:04.440 --> 01:13:07.440]  Well, we should be compelled to at least provide law.
[01:13:07.440 --> 01:13:10.440]  Wait a minute.
[01:13:10.440 --> 01:13:16.440]  Where did you get this from? Is this your opinion, or do you have some law that tells the police?
[01:13:16.440 --> 01:13:21.440]  Well, as a federal agent, they have certain duties prescribed by regulation.
[01:13:21.440 --> 01:13:23.440]  What regulations are those?
[01:13:23.440 --> 01:13:26.440]  I'd like to interject something here, if I could.
[01:13:26.440 --> 01:13:31.440]  Is that Gary? A dealer is not a federal agent.
[01:13:31.440 --> 01:13:36.440]  He's a dealer. He's not an agent under law.
[01:13:36.440 --> 01:13:39.440]  And the way he does it, which makes him an agent...
[01:13:39.440 --> 01:13:43.440]  He just has the right to use discretion.
[01:13:43.440 --> 01:13:52.440]  And what I would recommend, there are some points that you've made tonight called that are really right,
[01:13:52.440 --> 01:13:57.440]  but they're probably not going to help you win the battle.
[01:13:57.440 --> 01:14:08.440]  And what I would think, the better part of the discretion here is probably to figure out what identification will be acceptable to this dealer.
[01:14:08.440 --> 01:14:14.440]  Now, I do know that he has to accept forms of ID other than a driver's wife.
[01:14:14.440 --> 01:14:17.440]  No, and he refuses to do that.
[01:14:17.440 --> 01:14:21.440]  Just a minute. Quit interrupting for a second and listen.
[01:14:21.440 --> 01:14:28.440]  Okay. What I would do if I were you to get around it instead of fighting with the guy,
[01:14:28.440 --> 01:14:33.440]  the point is you want to get your product.
[01:14:33.440 --> 01:14:39.440]  And you can get into a pissing contest with this guy and still end up coming short.
[01:14:39.440 --> 01:14:44.440]  But I would recommend you do respectfully, really, just to win the battle.
[01:14:44.440 --> 01:14:52.440]  I would take your expired driver's license and I would go before a notary public.
[01:14:52.440 --> 01:15:02.440]  I would fill out a document ahead of time and have the notary public certify that you are the person identified on that document
[01:15:02.440 --> 01:15:06.440]  and have it notarized and then take that notarized document.
[01:15:06.440 --> 01:15:11.440]  And then what you have is a current government issued ID.
[01:15:11.440 --> 01:15:14.440]  And the form of an affidavit? Yes, sir.
[01:15:14.440 --> 01:15:19.440]  Well, and it would have a photo on it which leads me to ask, I was trying to get this question in earlier,
[01:15:19.440 --> 01:15:26.440]  does the FAA Mechanics license, is that a photo ID or is that just a piece of paper without a photo on it?
[01:15:26.440 --> 01:15:30.440]  No, it's like a driver's license but it doesn't have a photo.
[01:15:30.440 --> 01:15:35.440]  Okay, that's the problem. He wants a current government issued ID with a photo on it.
[01:15:35.440 --> 01:15:37.440]  Do you have a current passport?
[01:15:37.440 --> 01:15:43.440]  No, he has no legal... Wait, can you just answer the question? Do you have a current passport?
[01:15:43.440 --> 01:15:44.440]  No.
[01:15:44.440 --> 01:15:49.440]  Okay, so you don't have any current government issued ID with a photo on it?
[01:15:49.440 --> 01:15:52.440]  He wouldn't accept it anyway. I'm telling you...
[01:15:52.440 --> 01:15:55.440]  Chad, Chad, hold on a second.
[01:15:55.440 --> 01:16:01.440]  The problem is he's trying to compel him to do business with you.
[01:16:01.440 --> 01:16:06.440]  Are there any other dealers? Do you know another dealer that you might be able to go to and say,
[01:16:06.440 --> 01:16:12.440]  you know, I got this big gun purchase but I can't get it done because this guy wouldn't accept my ID.
[01:16:12.440 --> 01:16:16.440]  Would you accept my ID and take the commission on this gun purchase?
[01:16:16.440 --> 01:16:18.440]  Yeah, that's a great idea.
[01:16:18.440 --> 01:16:19.440]  It's not as intractable.
[01:16:19.440 --> 01:16:26.440]  That's a great idea. Either do what... I would say either do what Gary did, get the notary on the expired driver's license
[01:16:26.440 --> 01:16:28.440]  or just find another dealer.
[01:16:28.440 --> 01:16:34.440]  And I can order one dealer to transfer them to another dealer?
[01:16:34.440 --> 01:16:35.440]  I'm sure you could.
[01:16:35.440 --> 01:16:36.440]  Sure.
[01:16:36.440 --> 01:16:38.440]  I don't see why not.
[01:16:38.440 --> 01:16:45.440]  And does a notarized document count as an official government issued document?
[01:16:45.440 --> 01:16:51.440]  In the end, the only thing that's going to account is what the guy is willing to accept.
[01:16:51.440 --> 01:16:57.440]  Okay, hold on. We're back with Randy Kelton, David Stevens, and Craig Wood with my radio.
[01:16:57.440 --> 01:17:00.440]  We'll finish this up on the other side and we'll get that.
[01:17:00.440 --> 01:17:07.440]  Capital Coin & Bullion is your local source for rare coins, precious metals, and coin supplies in the Austin Metro area.
[01:17:07.440 --> 01:17:09.440]  We also ship worldwide.
[01:17:09.440 --> 01:17:14.440]  We're a family-owned and operated business that offers competitive prices on your coin and metals purchases.
[01:17:14.440 --> 01:17:20.440]  Because of you, Austin, business has been so good that we've had to move to a new and bigger location.
[01:17:20.440 --> 01:17:27.440]  We're now located at 7304 Burnett Road, Suite A, 1.2 miles north on Burnett from our previous location.
[01:17:27.440 --> 01:17:34.440]  We're on the west side of Burnett Road in the Stanley Insurance Building on the ground floor next to the Ishibon Sushi and the Genie Car Wash.
[01:17:34.440 --> 01:17:38.440]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 5.
[01:17:38.440 --> 01:17:44.440]  You're welcome to stop in during regular business hours or call 512-646-6440.
[01:17:44.440 --> 01:17:50.440]  Ask for Chad or Becky and say that you heard about us on Louisville Law Radio or Texas Liberty Radio.
[01:17:50.440 --> 01:17:59.440]  That's Capital Coin & Bullion at our new location at 7304 Burnett Road, Suite A. Recall 512-646-6440.
[01:17:59.440 --> 01:18:04.440]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[01:18:04.440 --> 01:18:09.440]  We specialize in showing people how to strike back against corrupt public officials.
[01:18:09.440 --> 01:18:15.440]  With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.
[01:18:15.440 --> 01:18:20.440]  If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.
[01:18:20.440 --> 01:18:22.440]  But there is a remedy.
[01:18:22.440 --> 01:18:36.440]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the consumer protection laws to recover what the lenders have stolen through fraud and deception.
[01:18:36.440 --> 01:18:43.440]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime.
[01:18:43.440 --> 01:18:47.440]  Lender fraud is bankrupting this country and it's time to fight back.
[01:18:47.440 --> 01:19:16.440]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the money changers in their tracks.
[01:19:16.440 --> 01:19:24.440]  Well, they're gonna pull me with that same old trick again.
[01:19:24.440 --> 01:19:29.440]  Okay, this is Randall Kelton, W.C. and Debbie Craig with Rule of Law Radio.
[01:19:29.440 --> 01:19:33.440]  Chad, here's the position.
[01:19:33.440 --> 01:19:44.440]  What we haven't been able to determine is whether this guy as a federal farms dealer is compelled to do business with any one person or another.
[01:19:44.440 --> 01:19:45.440]  For any reason.
[01:19:45.440 --> 01:19:59.440]  So long as he is not discriminating against someone because of race, religion or some of these specific civil rights classes, he can pretty well decide who he wants to do business with.
[01:19:59.440 --> 01:20:04.440]  And being a farms dealer, they've been under a lot of fire lately.
[01:20:04.440 --> 01:20:15.440]  He is going to be held, likely to be held responsible for who he sells these farms to, so I can understand him being careful.
[01:20:15.440 --> 01:20:27.440]  And if you already have animosity between you and him, it may be hard to get him to untract because sometimes we get P.O. and we dig our heels in when it's not even in our best interest.
[01:20:27.440 --> 01:20:34.440]  If you could find another dealer and go to him and say, look, I've had a personality clash with this guy and he's not reaching my arms.
[01:20:34.440 --> 01:20:49.440]  Do you think you could get this facilitated for me and ask him what do you need as identity and see if you could work out something with another dealer who can then go to him and get this facilitated?
[01:20:49.440 --> 01:20:53.440]  That's probably the best thing that you're going to get.
[01:20:53.440 --> 01:21:07.440]  I think that's the best thing too because just because a firearms dealer can accept various different forms of ID, whether they have photos on them or not, that doesn't mean they're required to.
[01:21:07.440 --> 01:21:11.440]  That's what I was trying to get you.
[01:21:11.440 --> 01:21:17.440]  I wasn't trying to be difficult, but I was trying to find the difference between what he could do and what he's required to do.
[01:21:17.440 --> 01:21:26.440]  I think the best thing is to take Gary's advice and try to get the expired driver's license notarized as a current form of government ID.
[01:21:26.440 --> 01:21:29.440]  If that doesn't work, just find another firearms dealer.
[01:21:29.440 --> 01:21:32.440]  Yes, listen to Gary the secret fad.
[01:21:32.440 --> 01:21:33.440]  Okay.
[01:21:33.440 --> 01:21:35.440]  All right, we need to go on to other callers.
[01:21:35.440 --> 01:21:36.440]  All right.
[01:21:36.440 --> 01:21:37.440]  We really stack it up.
[01:21:37.440 --> 01:21:39.440]  We're going to go to Mike.
[01:21:39.440 --> 01:21:42.440]  Wait, what about Alex in New York?
[01:21:42.440 --> 01:21:46.440]  Alex, I was trying to forget about Alex in New York.
[01:21:46.440 --> 01:21:47.440]  Thank you, Alex.
[01:21:47.440 --> 01:21:50.440]  What is your question for us tonight?
[01:21:50.440 --> 01:21:55.440]  Surely, I have a question that I thought hopefully you could assist me with.
[01:21:55.440 --> 01:21:57.440]  It's a difficult one for me.
[01:21:57.440 --> 01:22:14.440]  And that is, I am interested in opening up a non-interest bearing checking account with the entity of a common law trust, also known as a Massachusetts trust.
[01:22:14.440 --> 01:22:17.440]  But that's what I was interested in doing.
[01:22:17.440 --> 01:22:23.440]  And since 9-Eleven, it's really gotten more and more difficult to do so.
[01:22:23.440 --> 01:22:31.440]  I talked to him about this earlier and told him, I know nothing about this, but I thought if anybody, any of us would, you would, Debra.
[01:22:31.440 --> 01:22:35.440]  You may want to call Agenda 21 Talk on Tuesday nights.
[01:22:35.440 --> 01:22:42.440]  But pretty much if you have a trust, and basically all trusts are common law trusts.
[01:22:42.440 --> 01:22:47.440]  I know for sure in the state of Texas there is no such thing as a statutory trust.
[01:22:47.440 --> 01:22:53.440]  The trusts do not have to be registered with the state or anything like that, like corporations do.
[01:22:53.440 --> 01:23:04.440]  Pretty much if you don't have an EIN number or a TIN number for any entity, whether it's a trust or otherwise, you can't open a bank account.
[01:23:04.440 --> 01:23:19.440]  Now Don on Agenda 21 Talk says even if you do have an EIN number issued by the IRS for the name of the trust, a lot of times the banks even then won't give you a bank account.
[01:23:19.440 --> 01:23:25.440]  You have to go to like a smaller bank or credit union or something like that.
[01:23:25.440 --> 01:23:33.440]  But for the most part, you have to have an EIN number in the name of any particular entity if you want to open a bank account.
[01:23:33.440 --> 01:23:44.440]  And I know that Don says when you go to the IRS to get the number, ask them for an EIN number, not a TIN number.
[01:23:44.440 --> 01:23:48.440]  Because you don't want to indicate that the entity is a taxpayer.
[01:23:48.440 --> 01:24:04.440]  Well, surely, actually, that's like a given. I didn't mention that, but yeah, I mean EIN number, that's fine. But yeah, even with the EIN number, I'm not here from New York, not from Texas.
[01:24:04.440 --> 01:24:08.440]  So you do have an EIN number in the name of the trust?
[01:24:08.440 --> 01:24:09.440]  Yes.
[01:24:09.440 --> 01:24:15.440]  Do you have a short form declaration of trust?
[01:24:15.440 --> 01:24:17.440]  You just lost me for a moment.
[01:24:17.440 --> 01:24:22.440]  Do you have a short form declaration of trust for the trust entity?
[01:24:22.440 --> 01:24:27.440]  Actually, I do have a trust entity and I've had it for a while.
[01:24:27.440 --> 01:24:33.440]  No, no, no. I know you obviously do have a trust or you may not even want to say you have a trust entity.
[01:24:33.440 --> 01:24:37.440]  In general, trusts are not owned by anyone.
[01:24:37.440 --> 01:24:40.440]  You never want to say you own a trust or you have a trust.
[01:24:40.440 --> 01:24:48.440]  You may be a trustee for a trust, but you don't own a trust. You don't have one, okay? Nobody has one.
[01:24:48.440 --> 01:24:51.440]  Trust are not owned by anybody, okay?
[01:24:51.440 --> 01:24:58.440]  And if you say you own a trust, then that can be considered, then the IRS can consider that as part of your assets or income.
[01:24:58.440 --> 01:25:00.440]  So you have to be careful about the wording for one thing.
[01:25:00.440 --> 01:25:12.440]  What I'm asking for is when a trust is set up, there will be a long form, the original contract, which no one ever sees except the parties to the contract.
[01:25:12.440 --> 01:25:17.440]  Additionally, there will be a short form which is called a declaration of trust.
[01:25:17.440 --> 01:25:29.440]  It's generally only a page or so long that lists some specific duties and authorities of a trustee that authorizes a trustee to do business.
[01:25:29.440 --> 01:25:36.440]  Open bank accounts, buy real estate, rent real estate, et cetera, et cetera, different authorities that are granted to the trustee.
[01:25:36.440 --> 01:25:41.440]  That's called a declaration of trust. It's a document. It's called the short form.
[01:25:41.440 --> 01:25:47.440]  And generally when you go to open the bank account, you have to have an EIN number in the name of the trust,
[01:25:47.440 --> 01:25:57.440]  and then you also have to show them the declaration of trust, the short form trust document instrument with whatever trustee's signature on it
[01:25:57.440 --> 01:26:00.440]  that's attempting to open the bank account.
[01:26:00.440 --> 01:26:04.440]  So you would need both of those documents, or not both of those documents,
[01:26:04.440 --> 01:26:09.440]  but you would need that declaration of trust short form and you would also need the EIN number.
[01:26:09.440 --> 01:26:16.440]  And like I said, a lot of banks will not give you a bank account for the trust,
[01:26:16.440 --> 01:26:19.440]  even with the declaration of trust and an EIN number from the IRS.
[01:26:19.440 --> 01:26:28.440]  You have to go to sometimes five or six different banks and try a credit union, try a smaller hometown bank.
[01:26:28.440 --> 01:26:30.440]  Okay, so does that make sense?
[01:26:30.440 --> 01:26:34.440]  Sure, that makes a lot of sense, but I also wanted to ask you about Don on gender 21.
[01:26:34.440 --> 01:26:39.440]  I'm not familiar with that because you're, you know, tell me how I can get, I don't know.
[01:26:39.440 --> 01:26:43.440]  Okay, well, this is a network. This is Rule of Law Radio Network.
[01:26:43.440 --> 01:26:51.440]  This show is not the only show on the network. This network airs programming from 6 p.m. to 10 p.m.
[01:26:51.440 --> 01:26:57.440]  Central Time Monday through Thursday and 6 p.m. to midnight, Central Time on Friday.
[01:26:57.440 --> 01:27:01.440]  We have many programs on this network. This show is not the only one,
[01:27:01.440 --> 01:27:06.440]  and we encourage all the listeners of this show to please check out the other shows on this network
[01:27:06.440 --> 01:27:12.440]  because they are very good and the stream numbers are not always so good on those other shows.
[01:27:12.440 --> 01:27:16.440]  So listeners to this show, please tune into the stream on the other night.
[01:27:16.440 --> 01:27:23.440]  Agenda 21 Talk is on this network at 8 p.m. Central Time on Tuesday nights.
[01:27:23.440 --> 01:27:28.440]  And listeners, really, if you want to help Randy and me and Eddie and if you want to help this show,
[01:27:28.440 --> 01:27:33.440]  if you want to help us, please tune in on the stream to the other shows.
[01:27:33.440 --> 01:27:40.440]  There's really no excuse for our listeners to this show to not also be tuning into the stream for the other shows.
[01:27:40.440 --> 01:27:46.440]  I mean, it would really help a lot to get our stream numbers up for all the shows to boost the network as a whole
[01:27:46.440 --> 01:27:52.440]  so that we can start getting some sponsors so that Eddie and Randy and I don't have to pay for all of this out of our own pockets.
[01:27:52.440 --> 01:27:58.440]  Yeah, you like Don Terry and the rest of the gang, they're all a bunch of conniving scoundrels.
[01:27:58.440 --> 01:28:03.440]  You'll love these guys. And call into the show and tell them how good we are.
[01:28:03.440 --> 01:28:07.440]  They'll love that part.
[01:28:07.440 --> 01:28:11.440]  Okay, Alex? Yeah, sure. That actually does sound great.
[01:28:11.440 --> 01:28:16.440]  I have actually used the EIN number.
[01:28:16.440 --> 01:28:25.440]  I haven't used a short form declaration of trust, but what I have done is give them a trustee minutes or a minutes of the trust.
[01:28:25.440 --> 01:28:39.440]  And what I've actually done is that I've tried to get employees or officers of the trust to use their ID to actually...
[01:28:39.440 --> 01:28:48.440]  You may have to show a declaration of trust because what the bank is going to want to see is that a particular officer of the trust
[01:28:48.440 --> 01:28:58.440]  that's trying to open the bank account in the name of the trust actually has authority under the trust to take such an action.
[01:28:58.440 --> 01:29:07.440]  Sometimes it's a trustee, sometimes it's the treasurer of the trust who is also a trustee, but that's what that declaration of trust is for.
[01:29:07.440 --> 01:29:13.440]  It's signed by either the trustee or the treasurer or some other officer of the trust.
[01:29:13.440 --> 01:29:21.440]  Generally, it has to be a trustee. Generally, those other officers, offices are held by one or various other trustees,
[01:29:21.440 --> 01:29:32.440]  but the bank wants to see that there is an instrument that authorizes that human being to perform certain actions in the name of the trust,
[01:29:32.440 --> 01:29:36.440]  such as opening a bank account. That's what the declaration of trust is for.
[01:29:36.440 --> 01:29:43.440]  Let me close with a quick comment.
[01:29:43.440 --> 01:29:47.440]  We need to go quickly. We're really stacking up. So we'll close out quickly on the other side.
[01:29:47.440 --> 01:29:50.440]  We've got a whole bunch of calling. We're running off the bottom of the board.
[01:29:50.440 --> 01:29:52.440]  This is Randy Kelton. This is Stephen Steeve. This is Eddie Craig.
[01:29:52.440 --> 01:29:59.440]  We'll be right back on the other side.
[01:29:59.440 --> 01:30:06.440]  Top 10 reasons to question the official story of the Oklahoma City bombing. Number 9, the extra lake. Former Oklahoma State Medical Examiner,
[01:30:06.440 --> 01:30:12.440]  Dr. Fred Jordan, had stated, we had eight people with amputated left legs and nine left legs to account for.
[01:30:12.440 --> 01:30:18.440]  Chief pathologist for Northern Ireland, T.K. Marshall, who performed over 2,500 autopsy in his time, stated,
[01:30:18.440 --> 01:30:23.440]  there's never been an unknown victim. This leg belongs to a perpetrator close enough to the bomb or his body to be damaged,
[01:30:23.440 --> 01:30:32.440]  leaving only a left leg behind. Who was this person? Please go to okcbombingtruth.com.
[01:30:32.440 --> 01:30:40.440]  Could the government track your every move? Remotely trackable driver's licenses would make it possible and usher in a night-year surveillance society.
[01:30:40.440 --> 01:30:47.440]  I'm Dr. Catherine Albrecht, and I'll be back in a moment to tell you why citizens should say no to microchips in driver's licenses.
[01:30:47.440 --> 01:30:54.440]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone,
[01:30:54.440 --> 01:31:03.440]  you'll find your freedoms will start to vanish too. So protect your rights. Say no to surveillance and keep your information to yourself.
[01:31:03.440 --> 01:31:11.440]  Privacy, it's worth hanging on to. This public service announcement is brought to you by startpage.com, the private search engine alternative to Google,
[01:31:11.440 --> 01:31:17.440]  Yahoo, and Bing. Start over with startpage.
[01:31:17.440 --> 01:31:26.440]  RFID stands for Radio Frequency Identification. It's a technology that uses radio waves to communicate information through solid objects like wallets and purses.
[01:31:26.440 --> 01:31:35.440]  The Department of Homeland Security has found a way to beef up driver's licenses with the technology. They want to read the cards in people's wallets from up to 25 feet away
[01:31:35.440 --> 01:31:43.440]  and glean the identity of people whizzing by in cars at 55 miles per hour. The RFID-enabled driver's license, known as an enhanced driver's license,
[01:31:43.440 --> 01:31:51.440]  would enable total citizen tracking. Join me in opposing the introduction of remotely readable driver's licenses in your state.
[01:31:51.440 --> 01:32:01.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:01.440 --> 01:32:09.440]  Yeah, who you want to check? Who you take me for? Free toilet? Who you want to check? Me, not free toilet. You can check me.
[01:32:09.440 --> 01:32:15.440]  All the time. Don't let them check you in the morning. Check you in the evening. Put a check in on your buddy.
[01:32:15.440 --> 01:32:23.440]  And anyway, you go computer reading. You can hide me if I'm nobody. What mistake? Check check in on your mom. Check check in on your daddy.
[01:32:23.440 --> 01:32:29.440]  Check check in on your grandpa and the granny. Check check in on me. Check check in on your baby. Check check in on your family.
[01:32:29.440 --> 01:32:35.440]  Okay, this is Randy Kelton. Got to do that great video.
[01:32:35.440 --> 01:32:45.440]  And just a quick comment. I had a friend that was hired as a trustee of a trust.
[01:32:45.440 --> 01:32:53.440]  And he went in and, for the trust, used his ID and stuff and opened a bank account for the trust.
[01:32:53.440 --> 01:33:03.440]  And right after that, they fired him and hired another trustee. That's a clue.
[01:33:03.440 --> 01:33:11.440]  Now we're going to go into Mike from Tennessee. Mike, what have you got for us tonight?
[01:33:11.440 --> 01:33:23.440]  I'm doing good. There's a lady friend that I have here in Chattanooga, 50 years old, and she's got charged with having a meth house and she didn't know anything about it.
[01:33:23.440 --> 01:33:35.440]  And yet it happened on her premises. Here's the story. She lives in a two-sided duplex and she's been there for two plus years and her daughter stays on the other side.
[01:33:35.440 --> 01:33:43.440]  So she pays rent for both sides because her daughter's deadbeat. But her daughter is in the middle of getting married now and lives in Atlanta.
[01:33:43.440 --> 01:33:51.440]  So she moved off about 30 days ago. And she had a little dog. So the little dog just did everything all over the house.
[01:33:51.440 --> 01:33:57.440]  And so it needed to be cleaned up. So a guy volunteer, he goes, hey, I'll clean this up and paint it and everything.
[01:33:57.440 --> 01:34:03.440]  I need a place to stake. And I stay here for a week or so. And she goes, yeah, sure, that sounds like a good idea.
[01:34:03.440 --> 01:34:10.440]  The guy moves in and he allows one of his friends to move in. And dog gone, they didn't start a meth lab.
[01:34:10.440 --> 01:34:15.440]  He'd been there like a day and start cooking this stuff and the smoke's coming out the side of the house.
[01:34:15.440 --> 01:34:23.440]  And so the neighbors call the fire department and before the fire department get there, the police get there and they check it out and they go, wait a minute, meth.
[01:34:23.440 --> 01:34:31.440]  And so they close everything down, go to the other side where the 50-year-old lady lives and says, do you have a key to this other side over?
[01:34:31.440 --> 01:34:38.440]  She said, yeah. She said, do you know that there's some guys live over here? She goes, yes. And they just keep asking questions.
[01:34:38.440 --> 01:34:41.440]  So it winds up. They arrest her and charge her with a meth.
[01:34:41.440 --> 01:34:51.440]  Right. We talked about this on Monday, Mike. And I was saying that she needs to file an affidavit with the court stating that she didn't know anything about this
[01:34:51.440 --> 01:34:55.440]  or she's going to be charged with this. Does she do that yet?
[01:34:55.440 --> 01:35:02.440]  No, we're going to do that tomorrow. She just got out of jail. We paid the $1,000 bond to get her out.
[01:35:02.440 --> 01:35:09.440]  And so we're going to do an affidavit of fact tomorrow, explaining that she didn't know anything about this.
[01:35:09.440 --> 01:35:14.440]  And she hasn't received any money from that guy that stayed.
[01:35:14.440 --> 01:35:21.440]  But he did promise that he was going to pay her because he stayed longer than the original week or so that they thought.
[01:35:21.440 --> 01:35:27.440]  And they're like, say, three weeks. And so he was saying that that he would start giving her some money, you know, to pay.
[01:35:27.440 --> 01:35:32.440]  That actually might be in her favor that she's never taken any money from him.
[01:35:32.440 --> 01:35:41.440]  Right. Right. See, you know, but he painted the place and cleaned it up, you know, did like a work equity kind of deal so far.
[01:35:41.440 --> 01:35:45.440]  But he did promise that he would pay her, but no money is.
[01:35:45.440 --> 01:35:52.440]  And say, well, the fact that he agreed to clean the place up and paint it.
[01:35:52.440 --> 01:36:02.440]  And he did clean the place up and paint it will act in her favor as she acted in good faith, made a deal with him.
[01:36:02.440 --> 01:36:07.440]  And so far as she knew, he abided by his deal on the police.
[01:36:07.440 --> 01:36:11.440]  There's one part of this you don't know yet, Randy. She didn't own the apartment.
[01:36:11.440 --> 01:36:17.440]  She was just a renter who was renting both sides. She doesn't actually own the property.
[01:36:17.440 --> 01:36:22.440]  Yeah, but if she have let it without consent of the owner.
[01:36:22.440 --> 01:36:25.440]  Yeah, that that's simply a contraction.
[01:36:25.440 --> 01:36:27.440]  Sublet without that one.
[01:36:27.440 --> 01:36:31.440]  That's just a contractual complaint the owner can have against her.
[01:36:31.440 --> 01:36:41.440]  He may have sued against her for the damage that the meth lab will cause because the meth lab will cause incredible damage to him.
[01:36:41.440 --> 01:36:45.440]  Well, apparently the police are trying to hold the owner responsible too.
[01:36:45.440 --> 01:36:50.440]  They want to hold the owner responsible because they can confiscate the house.
[01:36:50.440 --> 01:36:54.440]  The owner owns the property. They haven't said anything negative against him.
[01:36:54.440 --> 01:36:58.440]  Only a 50 year old lady who is the renter.
[01:36:58.440 --> 01:37:02.440]  Well, and that's reasonable from their perspective.
[01:37:02.440 --> 01:37:03.440]  Okay.
[01:37:03.440 --> 01:37:10.440]  She would she's going to have to show that she didn't bring these guys in there to put in the meth lab.
[01:37:10.440 --> 01:37:14.440]  You got two guys in here with the meth lab is not supposed to be in here.
[01:37:14.440 --> 01:37:21.440]  And they were allowed to come in there by somebody who it's the other side and didn't have authority to allow them in there.
[01:37:21.440 --> 01:37:26.440]  You can see from the other side how that doesn't look good.
[01:37:26.440 --> 01:37:32.440]  But unless these guys are accusing her, it's unlikely that they'll be able to prosecute.
[01:37:32.440 --> 01:37:36.440]  But the prosecutor is going to want to make a deal. He's not going to want to let it go.
[01:37:36.440 --> 01:37:38.440]  That's the way I bet it is.
[01:37:38.440 --> 01:37:42.440]  You know, and so it's three weeks from now is when they'll have the first hearing.
[01:37:42.440 --> 01:37:46.440]  Well, she's just got to file this affidavit as soon as possible.
[01:37:46.440 --> 01:37:47.440]  That's just all there is to it.
[01:37:47.440 --> 01:37:48.440]  Yeah.
[01:37:48.440 --> 01:37:55.440]  She has to get this affidavit into the record that she was just rinsing to the one guy and that she never gave that.
[01:37:55.440 --> 01:38:07.440]  One guy permission to bring anyone else in period off the bat and that she had no knowledge of any of this was going on whatsoever.
[01:38:07.440 --> 01:38:08.440]  Right, right.
[01:38:08.440 --> 01:38:10.440]  That's all she needs to say just that.
[01:38:10.440 --> 01:38:11.440]  That would cover her.
[01:38:11.440 --> 01:38:17.440]  Well, yeah, especially the part about she never gave the first guy permission to move anyone else in.
[01:38:17.440 --> 01:38:18.440]  Right, right.
[01:38:18.440 --> 01:38:19.440]  Okay.
[01:38:19.440 --> 01:38:31.440]  Now, here's the thing is the city police responsible for anything because when they arrested her, they left her doors open and those people who came in stole things out of her.
[01:38:31.440 --> 01:38:32.440]  That's typical.
[01:38:32.440 --> 01:38:33.440]  Yes.
[01:38:33.440 --> 01:38:35.440]  Yes, they are responsible.
[01:38:35.440 --> 01:38:36.440]  She's got damages now.
[01:38:36.440 --> 01:38:39.440]  I would not bring that issue up quite yet.
[01:38:39.440 --> 01:38:40.440]  Okay.
[01:38:40.440 --> 01:38:41.440]  Okay.
[01:38:41.440 --> 01:38:42.440]  Just get everything dismissed.
[01:38:42.440 --> 01:38:46.440]  Wayne what was lost against her liberty.
[01:38:46.440 --> 01:38:50.440]  Get her liberty taken care of and then come back with the other issues.
[01:38:50.440 --> 01:38:51.440]  Okay.
[01:38:51.440 --> 01:38:52.440]  Okay.
[01:38:52.440 --> 01:38:57.440]  So the only thing you're seeing on this is just having affidavit of fact turned in tomorrow.
[01:38:57.440 --> 01:38:58.440]  Yes.
[01:38:58.440 --> 01:39:00.440]  Yeah, it has to be notarized.
[01:39:00.440 --> 01:39:01.440]  Yes.
[01:39:01.440 --> 01:39:02.440]  Yes.
[01:39:02.440 --> 01:39:07.440]  Have it notarized and that that would take care of that thing.
[01:39:07.440 --> 01:39:08.440]  Maybe.
[01:39:08.440 --> 01:39:10.440]  The prosecutor's going to want to make a deal.
[01:39:10.440 --> 01:39:18.440]  Prosecutor's still going to try to squeeze her for a deal, but she's just got to stand her ground and say, no, I'm not going to plead to anything.
[01:39:18.440 --> 01:39:19.440]  Okay.
[01:39:19.440 --> 01:39:20.440]  All right.
[01:39:20.440 --> 01:39:21.440]  Yep.
[01:39:21.440 --> 01:39:22.440]  I know.
[01:39:22.440 --> 01:39:23.440]  But see, here's the thing.
[01:39:23.440 --> 01:39:26.440]  They, you know, they try to scare her everything.
[01:39:26.440 --> 01:39:31.440]  I guarantee you that policeman asked her pointed questions of all sorts.
[01:39:31.440 --> 01:39:37.440]  There's no telling what he's wrote down that she that she's paid these guys to do the mess, you know, the place.
[01:39:37.440 --> 01:39:40.440]  She just has to stand her ground.
[01:39:40.440 --> 01:39:45.440]  The prosecutor is going to try to scare her every step of the way into pleading a deal and she just has to say no.
[01:39:45.440 --> 01:39:46.440]  Okay.
[01:39:46.440 --> 01:39:47.440]  All right.
[01:39:47.440 --> 01:39:48.440]  It's all there is to it.
[01:39:48.440 --> 01:39:53.440]  I mean, just know whatever he says, whatever the prosecutor says, she just has to say no.
[01:39:53.440 --> 01:39:54.440]  Yep.
[01:39:54.440 --> 01:40:06.440]  And if her defense attorney tries to get her to plead, then she needs to tell defense attorney, you stand up and fight for my rights or I'm going to sue you from out practice and I'm going to file bar grievance against you too.
[01:40:06.440 --> 01:40:07.440]  Just have to stand her ground.
[01:40:07.440 --> 01:40:09.440]  We don't have an attorney yet.
[01:40:09.440 --> 01:40:14.440]  They will probably assign her a court appointed defense attorney very soon.
[01:40:14.440 --> 01:40:25.440]  And what I'm telling you is that that defense attorney, whether she hires one or whether they assign her a court appointed one is going to tell her all kinds of scary stories, the same scary stories that the prosecutor will say.
[01:40:25.440 --> 01:40:28.440]  And the defense attorney is going to tell her to take the deal and blah, blah, blah.
[01:40:28.440 --> 01:40:32.440]  And she's just got to tell the defense attorney, I'm not going to take any deal.
[01:40:32.440 --> 01:40:37.440]  I'm just going to fight for my rights or else I'm going to sue you and I'm going to file bar grievances against you.
[01:40:37.440 --> 01:40:38.440]  That's the way it's going to be.
[01:40:38.440 --> 01:40:40.440]  That is the way you have to handle it.
[01:40:40.440 --> 01:40:46.440]  That's the only way they'll quiet down and do kind of halfway right anyway.
[01:40:46.440 --> 01:40:47.440]  Okay.
[01:40:47.440 --> 01:40:48.440]  All right.
[01:40:48.440 --> 01:40:50.440]  Let's give me a place of action.
[01:40:50.440 --> 01:40:51.440]  All right.
[01:40:51.440 --> 01:40:52.440]  All right.
[01:40:52.440 --> 01:40:53.440]  Thanks, Mike.
[01:40:53.440 --> 01:40:54.440]  Bye.
[01:40:54.440 --> 01:40:55.440]  Bye.
[01:40:55.440 --> 01:40:56.440]  Okay.
[01:40:56.440 --> 01:41:06.440]  I think the case in Texas has a piece of information for Alex concerning Bank of America account info and a trust.
[01:41:06.440 --> 01:41:10.440]  Jerry, can you please give us the information quickly before we go to break?
[01:41:10.440 --> 01:41:12.440]  Yes, it's Jerry.
[01:41:12.440 --> 01:41:13.440]  Sure.
[01:41:13.440 --> 01:41:15.440]  Okay, Jerry, please tell us.
[01:41:15.440 --> 01:41:21.440]  Just telling Bank of America, you'll just walk in and they don't even ask for ID.
[01:41:21.440 --> 01:41:31.440]  Once he gets an account with them, then he can use whatever trust name he wants on that account.
[01:41:31.440 --> 01:41:33.440]  That they have a cart blocked.
[01:41:33.440 --> 01:41:37.440]  If you walk in and you got warm blood in your veins, they open an account.
[01:41:37.440 --> 01:41:38.440]  No ID.
[01:41:38.440 --> 01:41:39.440]  Okay.
[01:41:39.440 --> 01:41:43.440]  Well, I think he wants the account in the name of the trust, not in his own personal name.
[01:41:43.440 --> 01:41:44.440]  Well, that's what he's saying.
[01:41:44.440 --> 01:41:47.440]  It's what you get it open, then you can transfer it to any name you want.
[01:41:47.440 --> 01:41:48.440]  Is that what you're saying, Jerry?
[01:41:48.440 --> 01:41:55.440]  If his name on it, open it and then when he starts doing business with that account, just add the trust name to it and go forward.
[01:41:55.440 --> 01:41:56.440]  Don't ask.
[01:41:56.440 --> 01:41:57.440]  Don't tell.
[01:41:57.440 --> 01:41:58.440]  Just go.
[01:41:58.440 --> 01:41:59.440]  Okay.
[01:41:59.440 --> 01:42:00.440]  All right.
[01:42:00.440 --> 01:42:01.440]  Very good.
[01:42:01.440 --> 01:42:02.440]  Thank you, Jerry.
[01:42:02.440 --> 01:42:11.440]  As far as the lady with the problem with the next door, I would check out that cleanup man.
[01:42:11.440 --> 01:42:13.440]  He may be an undercover.
[01:42:13.440 --> 01:42:16.440]  She may be set up.
[01:42:16.440 --> 01:42:19.440]  It sounded like a set up job from the beginning.
[01:42:19.440 --> 01:42:20.440]  Yeah.
[01:42:20.440 --> 01:42:22.440]  She may have been set up.
[01:42:22.440 --> 01:42:34.440]  I would find out about both of those characters that did the mess and run some backgrounds on them and find out how they're connected with whom they're connected and that might be her out right there.
[01:42:34.440 --> 01:42:37.440]  Get a private investigator to do that.
[01:42:37.440 --> 01:42:40.440]  Well, someone that can really dig.
[01:42:40.440 --> 01:42:45.440]  I'm going to get off your ear and let someone important talk to you.
[01:42:45.440 --> 01:42:46.440]  Okay.
[01:42:46.440 --> 01:42:47.440]  All right.
[01:42:47.440 --> 01:42:48.440]  Thanks, Jerry.
[01:42:48.440 --> 01:42:49.440]  Got it.
[01:42:49.440 --> 01:42:50.440]  Okay.
[01:42:50.440 --> 01:42:53.440]  We are going now to Francis from Colorado.
[01:42:53.440 --> 01:42:55.440]  Francis, thanks for calling in.
[01:42:55.440 --> 01:42:57.440]  What's your question tonight?
[01:42:57.440 --> 01:43:12.440]  My question is a real estate question and we're in foreclosure and we're part of remedies in real estate, but the former servicer who has transferred the ownership of the property of Fannie Mae is making a demand for insurance.
[01:43:12.440 --> 01:43:19.440]  And when I called to have our insurance was canceled as soon as the property was transferred to Fannie Mae and the insurance.
[01:43:19.440 --> 01:43:20.440]  Wait a minute.
[01:43:20.440 --> 01:43:22.440]  Who canceled the insurance?
[01:43:22.440 --> 01:43:23.440]  Who?
[01:43:23.440 --> 01:43:24.440]  I'm sorry?
[01:43:24.440 --> 01:43:26.440]  How did the insurance get canceled?
[01:43:26.440 --> 01:43:42.440]  They said that they, I guess the assessor must have let them know and when I called to have it reinstated this morning, they called right back and this is like a long term agent of ours said that they couldn't because we weren't on the loan anymore.
[01:43:42.440 --> 01:43:44.440]  It was owned by Fannie Mae.
[01:43:44.440 --> 01:43:45.440]  Okay.
[01:43:45.440 --> 01:43:47.440]  So far this doesn't make sense.
[01:43:47.440 --> 01:43:49.440]  We'll take this up on the other side.
[01:43:49.440 --> 01:43:56.440]  We'll be right back.
[01:44:20.440 --> 01:44:26.440]  There's no way a place like that exists.
[01:44:26.440 --> 01:44:27.440]  Go check it out for yourself.
[01:44:27.440 --> 01:44:31.440]  It's downtown in 1904 Guadalupe Street just south of UT.
[01:44:31.440 --> 01:44:32.440]  Oh, by UT?
[01:44:32.440 --> 01:44:35.440]  There's never anywhere to park down there.
[01:44:35.440 --> 01:44:42.440]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:42.440 --> 01:44:46.440]  It does exist, but when are they open?
[01:44:46.440 --> 01:44:51.440]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[01:44:51.440 --> 01:45:00.440]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:45:00.440 --> 01:45:03.440]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:00.440 --> 01:46:22.440]  Hello. Oh, man, you can jail. You got bumps in there? Oh, man, I'm broken.
[01:46:22.440 --> 01:46:30.440]  Some things in this world I will never understand. Some things I realize fully.
[01:46:30.440 --> 01:46:39.440]  Somebody's on the police, that police man. Somebody's on the police, the police.
[01:46:39.440 --> 01:46:48.440]  There's always room at the top of the hill. I hear through the grapevine and it's lonely there too.
[01:46:48.440 --> 01:46:57.440]  Yeah, wishing it went more than I positioned to fail. They know that if they don't do it, somebody will complain.
[01:46:57.440 --> 01:47:13.440]  This world will never understand. Some things I realize fully. Somebody's on the police, that police man. Somebody's on the police, the police.
[01:47:13.440 --> 01:47:41.440]  I know they will. Yeah, they're gonna put the bill. I know they will. I know they will. I know they will. I know they will.
[01:47:41.440 --> 01:47:46.440]  Okay, folks, we are back. We're taking your calls. We've got Francis on the line here.
[01:47:46.440 --> 01:47:52.440]  Okay, Randy, you were asking Francis a question before we went to break.
[01:47:52.440 --> 01:47:58.440]  Oh, where were we?
[01:47:58.440 --> 01:48:01.440]  About the mortgage information.
[01:48:01.440 --> 01:48:09.440]  Oh, the mortgage information. But yes, the insurance, was it private mortgage insurance or hazard insurance?
[01:48:09.440 --> 01:48:12.440]  Hazard.
[01:48:12.440 --> 01:48:20.440]  And was this an insurance premium that was paid up and was due for renewal?
[01:48:20.440 --> 01:48:22.440]  Yes.
[01:48:22.440 --> 01:48:23.440]  Oh, okay.
[01:48:23.440 --> 01:48:31.440]  So the insurance ran out in its own good time. It's not like they canceled it earlier or something.
[01:48:31.440 --> 01:48:36.440]  No, they did cancel it and we got a little refund check of $82.
[01:48:36.440 --> 01:48:47.440]  Oh, okay. Well, it's okay. Now, see the thing with getting mortgage insurance is now the lender wants to force place mortgage insurance?
[01:48:47.440 --> 01:49:01.440]  Yes, but they've also transferred. We went through the 120 hearing and that's on appeal. And so in the meantime, the property was transferred to the ownership of Fannie Mae.
[01:49:01.440 --> 01:49:03.440]  Okay.
[01:49:03.440 --> 01:49:06.440]  And I can't get insurance on it.
[01:49:06.440 --> 01:49:09.440]  Fannie Mae owns it. Why are they coming to you for insurance?
[01:49:09.440 --> 01:49:17.440]  Well, that would be my question, but it's the JP Morgan Chase that's making the demand and they were the people that transferred the deed.
[01:49:17.440 --> 01:49:20.440]  They didn't own the deed, but yeah.
[01:49:20.440 --> 01:49:25.440]  This doesn't make sense if JP Morgan doesn't own the property.
[01:49:25.440 --> 01:49:38.440]  It tells them to go scratch. The owner of the property wants you to pay. If someone's bought your property and they claim ownership, they can insure it if they want to.
[01:49:38.440 --> 01:49:44.440]  Well, that would be Fannie Mae, so we're still occupying the property.
[01:49:44.440 --> 01:49:45.440]  If you don't own it.
[01:49:45.440 --> 01:49:47.440]  I'm sorry?
[01:49:47.440 --> 01:49:50.440]  According to them, you no longer own it.
[01:49:50.440 --> 01:49:51.440]  That's correct.
[01:49:51.440 --> 01:49:55.440]  So tell them you guys bought it, insure it.
[01:49:55.440 --> 01:49:56.440]  Okay.
[01:49:56.440 --> 01:50:02.440]  Why are you coming to me? You sold my property out from under me. Why are you coming to me to pay the insurance?
[01:50:02.440 --> 01:50:04.440]  Okay.
[01:50:04.440 --> 01:50:11.440]  Well, that's what makes sense to me and I almost blew it all off and then I thought, well, this is not the time of the year to not have insurance with Hale.
[01:50:11.440 --> 01:50:12.440]  Don't blow it off.
[01:50:12.440 --> 01:50:13.440]  Respond to them.
[01:50:13.440 --> 01:50:14.440]  So respond to them.
[01:50:14.440 --> 01:50:17.440]  Just tell them I don't own the property.
[01:50:17.440 --> 01:50:22.440]  Well, tell them you claim ownership of the property.
[01:50:22.440 --> 01:50:29.440]  Are they stating that you are now a resident?
[01:50:29.440 --> 01:50:32.440]  No, they're stating this as the owner's.
[01:50:32.440 --> 01:50:35.440]  Are they treating you as a tenant?
[01:50:35.440 --> 01:50:38.440]  No, sir. They're treating us as the owner's.
[01:50:38.440 --> 01:50:42.440]  As the owner's? Okay. Chase is treating you as the owner?
[01:50:42.440 --> 01:50:43.440]  Yes.
[01:50:43.440 --> 01:50:46.440]  Oh, okay. Then it's not Fannie Mae making the request.
[01:50:46.440 --> 01:50:50.440]  No, but Fannie Mae is who holds the note now.
[01:50:50.440 --> 01:50:53.440]  How do you know that?
[01:50:53.440 --> 01:50:56.440]  Because they left the note on the front door.
[01:50:56.440 --> 01:51:00.440]  No, no, no, no, no. That's not how it works. You don't know squat.
[01:51:00.440 --> 01:51:01.440]  Okay.
[01:51:01.440 --> 01:51:03.440]  You have no idea who owns that.
[01:51:03.440 --> 01:51:08.440]  What that is is a change of servicer.
[01:51:08.440 --> 01:51:14.440]  The servicer does not necessarily own it, may not ever have owned it.
[01:51:14.440 --> 01:51:21.440]  So the ones who act as the owners are the servicers.
[01:51:21.440 --> 01:51:27.440]  They're merely servicing the account for the Rimmick or the Special Purpose Vehicle.
[01:51:27.440 --> 01:51:33.440]  Your notes in a Special Purpose Vehicle and odds are they don't know who owns it.
[01:51:33.440 --> 01:51:37.440]  So Fannie Mae doesn't necessarily know who owns it.
[01:51:37.440 --> 01:51:40.440]  Fannie Mae has been transferred the mortgage.
[01:51:40.440 --> 01:51:51.440]  And you maintain that the mortgage is void and of no import as the holder of the mortgage received consideration.
[01:51:51.440 --> 01:51:58.440]  Therefore cannot be harmed. The only one who can make a claim is the holder of the security instrument.
[01:51:58.440 --> 01:52:02.440]  So who are these guys?
[01:52:02.440 --> 01:52:07.440]  Where do they get a claim? Ask them to prove up to claim.
[01:52:07.440 --> 01:52:16.440]  If Chase claims this authority, demand that they show standing to make the claim.
[01:52:16.440 --> 01:52:20.440]  But don't ignore it, but you respond to it.
[01:52:20.440 --> 01:52:26.440]  So when I respond, I just say ask them to prove up their claim that they own it or...
[01:52:26.440 --> 01:52:29.440]  Yes, if they have standing to make the claim.
[01:52:29.440 --> 01:52:35.440]  It's your understanding that Chase no longer has an interest in this property.
[01:52:35.440 --> 01:52:38.440]  So you can consider this demand for...
[01:52:38.440 --> 01:52:44.440]  Are they putting force place insurance on it and asking you to pay them for the insurance?
[01:52:44.440 --> 01:52:49.440]  Not yet. They're telling me they're going to do that.
[01:52:49.440 --> 01:52:52.440]  And what are they asking you to do?
[01:52:52.440 --> 01:52:59.440]  To get insurance on the property and show that it was enforced on the 28th of May
[01:52:59.440 --> 01:53:04.440]  and prove to them that there's insurance on the property.
[01:53:04.440 --> 01:53:09.440]  But I call the insurance company today and they won't insure it because we...
[01:53:09.440 --> 01:53:14.440]  They're getting information from the county assessor that it is in...
[01:53:14.440 --> 01:53:18.440]  That the people hold in the title or whatever is Fannie Mae.
[01:53:18.440 --> 01:53:25.440]  Okay, then you might send a letter back to Chase accusing them of fraud and extortion
[01:53:25.440 --> 01:53:33.440]  and demanding they cease and desist.
[01:53:33.440 --> 01:53:35.440]  That should get their attention.
[01:53:35.440 --> 01:53:38.440]  If you can't insure it because it doesn't do...
[01:53:38.440 --> 01:53:42.440]  If there's something filed in the court that says it doesn't belong to you,
[01:53:42.440 --> 01:53:46.440]  then they're asking you that they're trying to extort money out of it.
[01:53:46.440 --> 01:53:48.440]  Okay.
[01:53:48.440 --> 01:53:54.440]  They're saying you've got to insure it but you can't so they'll insure it and then bill you.
[01:53:54.440 --> 01:53:57.440]  Right, that's exactly what they're saying.
[01:53:57.440 --> 01:54:00.440]  You accuse them of extortion. Tell them to cease and desist.
[01:54:00.440 --> 01:54:06.440]  Okay. Your next letter will be going to the grand jury.
[01:54:06.440 --> 01:54:09.440]  Okay, so basically I'll send them a tort letter.
[01:54:09.440 --> 01:54:12.440]  Yes, this is something we can talk about offline.
[01:54:12.440 --> 01:54:13.440]  Okay.
[01:54:13.440 --> 01:54:17.440]  So through remedies and real estate we'll discuss this in a little more detail.
[01:54:17.440 --> 01:54:21.440]  Okay, so I'll bring the question up again on Wednesday night then.
[01:54:21.440 --> 01:54:23.440]  Good, wonderful. That'll work.
[01:54:23.440 --> 01:54:24.440]  All right.
[01:54:24.440 --> 01:54:25.440]  Okay, thank you.
[01:54:25.440 --> 01:54:27.440]  Thank you. Bye.
[01:54:27.440 --> 01:54:31.440]  Okay, now we're going to Bill Alexis.
[01:54:31.440 --> 01:54:34.440]  Bill, what do you got for us?
[01:54:34.440 --> 01:54:39.440]  Well, my question is going to the common law right to public access.
[01:54:39.440 --> 01:54:47.440]  I'm in Cherokee County and I was pulled over in Jacksonville, got arrested for no driver's license,
[01:54:47.440 --> 01:54:49.440]  was taken before magistrate.
[01:54:49.440 --> 01:54:51.440]  Minnify?
[01:54:51.440 --> 01:54:52.440]  Was presented...
[01:54:52.440 --> 01:54:55.440]  Were you taken before minnify?
[01:54:55.440 --> 01:54:56.440]  Excuse me?
[01:54:56.440 --> 01:54:59.440]  Were you taken before minnify?
[01:54:59.440 --> 01:55:00.440]  Magistrate.
[01:55:00.440 --> 01:55:02.440]  The magistrate in Jacksonville.
[01:55:02.440 --> 01:55:07.440]  For 1517, no citation was ever shown.
[01:55:07.440 --> 01:55:14.440]  The warning by magistrate stated that there was an affidavit in complaint.
[01:55:14.440 --> 01:55:21.440]  I wouldn't sign the papers so the magistrate had the DPS officer sign the magistrate's warning.
[01:55:21.440 --> 01:55:23.440]  I was then taken to booking.
[01:55:23.440 --> 01:55:32.440]  Once I got out, I filed a request for information and the county attorney who would have been the prosecutor's attorney
[01:55:32.440 --> 01:55:36.440]  sent me a letter back stating that it was judicial records and that I could appeal.
[01:55:36.440 --> 01:55:40.440]  I did do an appeal through the court of attorney.
[01:55:40.440 --> 01:55:42.440]  Hold on, hold on.
[01:55:42.440 --> 01:55:44.440]  Wait a minute, hold on.
[01:55:44.440 --> 01:55:47.440]  Stop, stop, stop.
[01:55:47.440 --> 01:55:51.440]  Did he not give you the records you asked for?
[01:55:51.440 --> 01:55:53.440]  No.
[01:55:53.440 --> 01:55:55.440]  Oh, good.
[01:55:55.440 --> 01:55:58.440]  Caldwell needs a good kick in the pants.
[01:55:58.440 --> 01:56:05.440]  Charge him with criminal violation of 1.24 code of criminal procedure.
[01:56:05.440 --> 01:56:14.440]  It says all courts shall be public.
[01:56:14.440 --> 01:56:16.440]  He denied you in a public court.
[01:56:16.440 --> 01:56:23.440]  The office of court administration sent back a letter stating that the documents that I was looking for
[01:56:23.440 --> 01:56:30.440]  or requesting were case records and they would be opened under the common law right to public access.
[01:56:30.440 --> 01:56:32.440]  That's not true.
[01:56:32.440 --> 01:56:36.440]  He sent me another letter saying that it was judicial records.
[01:56:36.440 --> 01:56:37.440]  Stop.
[01:56:37.440 --> 01:56:39.440]  They're not common law.
[01:56:39.440 --> 01:56:41.440]  It's not a common law right.
[01:56:41.440 --> 01:56:43.440]  I don't care what they said.
[01:56:43.440 --> 01:56:48.440]  1.24 code of criminal procedure.
[01:56:48.440 --> 01:56:52.440]  That's what they're open under.
[01:56:52.440 --> 01:56:55.440]  Statute.
[01:56:55.440 --> 01:57:00.440]  If he failed to produce them, did you ask for the warrant?
[01:57:00.440 --> 01:57:02.440]  Yes, ask for the warrant.
[01:57:02.440 --> 01:57:04.440]  The affidavit, the probable cause.
[01:57:04.440 --> 01:57:09.440]  File criminal charges against Craig Caldwell.
[01:57:09.440 --> 01:57:13.440]  He's a chomp. He needs a few more criminal charges against him.
[01:57:13.440 --> 01:57:15.440]  Okay.
[01:57:15.440 --> 01:57:17.440]  Criminal charges of official oppression.
[01:57:17.440 --> 01:57:26.440]  I've already filed the judicial conduct complaints, too, and I filed with the Attorney General for the public information.
[01:57:26.440 --> 01:57:28.440]  No, this is not public.
[01:57:28.440 --> 01:57:29.440]  It doesn't go to the Attorney General.
[01:57:29.440 --> 01:57:31.440]  He don't have anything to say about it.
[01:57:31.440 --> 01:57:34.440]  This is under 1.24 code of criminal procedure.
[01:57:34.440 --> 01:57:36.440]  These are court records.
[01:57:36.440 --> 01:57:38.440]  They're required to make them open for inspection.
[01:57:38.440 --> 01:57:43.440]  They can ask for a request and take 10 days to respond to it.
[01:57:43.440 --> 01:57:46.440]  But if they didn't ask for the request, they don't have 10 days.
[01:57:46.440 --> 01:57:48.440]  They don't have 10 minutes.
[01:57:48.440 --> 01:57:50.440]  They're supposed to produce the records immediately.
[01:57:50.440 --> 01:57:54.440]  Did you go to the clerk of the court and ask for the records from her?
[01:57:54.440 --> 01:57:56.440]  Twice.
[01:57:56.440 --> 01:57:57.440]  Did she not produce them?
[01:57:57.440 --> 01:57:59.440]  And once with Britain.
[01:57:59.440 --> 01:58:02.440]  What did the clerk tell you?
[01:58:02.440 --> 01:58:05.440]  Said that she could not produce the documents at hand at that time.
[01:58:05.440 --> 01:58:12.440]  Good. And look, read 17.30 code of criminal procedure.
[01:58:12.440 --> 01:58:15.440]  It requires the magistrate to send those records to the clerk of the court.
[01:58:15.440 --> 01:58:18.440]  If he didn't do it, that's a felony.
[01:58:18.440 --> 01:58:19.440]  Okay.
[01:58:19.440 --> 01:58:20.440]  Okay.
[01:58:20.440 --> 01:58:22.440]  We are out of time.
[01:58:22.440 --> 01:58:27.440]  This is Raymond Felton, Deborah Stevens, Eddie Craig with the radio.
[01:58:27.440 --> 01:58:30.440]  We thank you all for listening.
[01:58:30.440 --> 01:58:33.440]  And thank all you callers for all the good questions.
[01:58:33.440 --> 01:58:37.440]  I don't know what we would do without all you callers.
[01:58:37.440 --> 01:58:39.440]  We'll be back tomorrow night.
[01:58:39.440 --> 01:58:42.440]  I think we may be putting in an archive.
[01:58:42.440 --> 01:58:43.440]  We're not sure yet.
[01:58:43.440 --> 01:58:45.440]  There are a lot of things going on right now.
[01:58:45.440 --> 01:58:51.440]  But if you hear something you've heard before, it's because we were tied up and we weren't able to.
[01:58:51.440 --> 01:58:53.440]  We're going to try to get a live show.
[01:58:53.440 --> 01:58:56.440]  But if we can't, don't be too upset at us.
[01:58:56.440 --> 01:58:58.440]  It's getting pretty busy around here.
[01:58:58.440 --> 01:58:59.440]  Thank you for listening.
[01:58:59.440 --> 01:59:06.440]  Bye.
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