[00:00.000 --> 00:04.560]  This news brief brought to you by the International Newsnet.
[00:04.560 --> 00:10.520]  In Malawi Wednesday, at least 10 people were killed in nationwide anti-government demonstrations.
[00:10.520 --> 00:15.300]  Riots protesting against mismanagement of the economy and a shortage of fuel ransacked
[00:15.300 --> 00:21.020]  the offices of President Bingu Wah Mutareka's Democratic Progressive Party, demanding he
[00:21.020 --> 00:22.520]  step down.
[00:22.520 --> 00:28.760]  A UK High Court judge ruled Thursday four elderly Kenyans, victimized by British colonial
[00:28.760 --> 00:35.080]  abuses, have arguable cases in law and can proceed with a suit against the British government.
[00:35.080 --> 00:39.120]  The Kenyans say they were beaten and sexually assaulted by officers acting for the British
[00:39.120 --> 00:43.680]  administration who were trying to suppress a rebellion against British officials as
[00:43.680 --> 00:47.840]  well as farmers who had settled in some of Kenya's most fertile lands.
[00:47.840 --> 00:53.880]  Observers say it's unlikely Congress will reauthorize the Bush-era No Child Left Behind
[00:53.880 --> 00:58.920]  Act by the start of the coming school year. The Center for Responsive Politics says during
[00:58.920 --> 01:04.000]  the first quarter of the year, $22 million was spent by lobbyists on issues relating
[01:04.000 --> 01:12.280]  to No Child Left Behind, 153 organizations lobbied, including the American Chemical Society.
[01:12.280 --> 01:18.720]  In Bezula Judge Tuesday, slapped an injunction on Imperial oil, a Canadian subsidiary of ExxonMobil
[01:18.720 --> 01:24.360]  stymied its plans to transport oversized mining equipment across Montana. The decision is
[01:24.360 --> 01:30.120]  a victory for environmental campaigners and a new setback for Alberta tar sands producers
[01:30.120 --> 01:36.160]  to expand exports to the US. The oil companies had originally planned to transport 200 pieces
[01:36.160 --> 01:41.800]  of equipment from a port in Washington across Idaho and Montana to the Alberta tar sands,
[01:41.800 --> 01:45.840]  but the Bezula District Court agreed with the National Wildlife Federation and other
[01:45.840 --> 01:50.400]  conservation groups that the oil companies and the Department of Transportation had not
[01:50.400 --> 01:56.480]  obtained the necessary environmental clearances to move giant equipment. Judge Ray Dayton criticized
[01:56.480 --> 02:01.240]  state authorities for failing to conduct their own independent oversight of the transports
[02:01.240 --> 02:06.480]  and for delegating the job to a contractor paid by the oil companies.
[02:06.480 --> 02:11.120]  Arkeem Steiner, director of the UN Environment Programme, said Wednesday climate change could
[02:11.120 --> 02:16.880]  exponentially increase the scale of natural disasters and threaten world security. Steiner
[02:16.880 --> 02:22.760]  cited a worst-case scenario where temperatures rose four degrees Celsius by 2060 while the
[02:22.760 --> 02:28.600]  sea level rose one meter over the next 100 years. The director said a myriad of climate-induced
[02:28.600 --> 02:34.680]  threats are emerging, notably droughts like the one currently afflicting Somalia and floods
[02:34.680 --> 02:40.240]  such as those that hit Pakistan and their implications for food prices. Steiner warned
[02:40.240 --> 02:45.480]  the scale of natural disasters will increase exponentially. The UN Wednesday declared two
[02:45.480 --> 02:50.400]  regions of southern Somalia a state of famine, calling it the worst food crisis in Africa
[02:50.400 --> 03:17.960]  in 20 years. The UN is scrambling to address the situation before it gets worse.
[03:17.960 --> 03:24.960]  Free speech talk radio at its best.
[04:17.960 --> 04:46.960]  Bad boys, bad boys, what are you gonna do? Bad boys, bad boys, what are you gonna do?
[04:46.960 --> 04:55.040]  Bad boys, what are you gonna do when we come for you here on the rule of law? Tonight is
[04:55.040 --> 05:03.560]  Thursday, July 21, 2011. Nobody's gonna give you no break. We're certainly not gonna give
[05:03.560 --> 05:12.400]  you any break. That's why it's called the rule of law. Tonight we have some information
[05:12.400 --> 05:19.680]  material articles we want to go through before we start taking your calls. And I do have,
[05:19.680 --> 05:25.480]  Randy and I both have some announcements to make. The first announcement I'd like to
[05:25.480 --> 05:30.640]  make, and I am going to be submitting a PSA on the matter to the local affiliate here
[05:30.640 --> 05:39.440]  in 90.1 FM in Austin. For those of you who have been wondering, those of you listening
[05:39.440 --> 05:47.240]  out there here in Austin land wondering what's been going on with the case, I am on the legal
[05:47.240 --> 05:53.760]  team. There is a legal team defending 90.1. Randy and Eddie are not on the legal team.
[05:53.760 --> 05:58.480]  I am on the legal team. There are other people on the legal team. I cannot reveal or divulge
[05:58.480 --> 06:06.840]  their identities. And several months ago, we put out a call on the air to raise $200
[06:06.840 --> 06:14.560]  ounces of silver in order to pay to hire assistance of counsel that was much needed in this case.
[06:14.560 --> 06:20.760]  And the listeners, you listeners out there just poured out, we're very grateful because
[06:20.760 --> 06:29.280]  we were able to get somebody on the legal team that was invaluable in this case. And
[06:29.280 --> 06:35.000]  the listeners were so, we were just so moved. Within two weeks, we had the two ounces of
[06:35.000 --> 06:41.280]  silver plus some, which was also we needed more because of all the court costs. Well,
[06:41.280 --> 06:46.240]  the case has been ongoing. This was back, all started back in December. I mean, at the
[06:46.240 --> 06:51.760]  administrative level, the administrative phase started long before that. The administrative
[06:51.760 --> 06:57.920]  phase started two years before that. So now we're in July, the case actually went into
[06:57.920 --> 07:04.920]  the federal court in December. And the case has been ongoing. And we had decided that
[07:04.920 --> 07:11.560]  we were not going to discuss the case while it was in litigation. And the case is still
[07:11.560 --> 07:19.840]  in litigation. However, the trial phase or the district court phase is just about come
[07:19.840 --> 07:28.480]  to a close. The judge has made a ruling on the matter. And there are some closing details
[07:28.480 --> 07:34.120]  that need to be cleaned up concerning errors in the transcript and some things like that.
[07:34.120 --> 07:39.640]  But the bottom line is the judge has made a ruling. There were two issues at stake here.
[07:39.640 --> 07:46.880]  There are actually there were two cases. And in each case, the government was seeking a
[07:46.880 --> 07:54.880]  forfeiture of $10,000. So we're talking $20,000 total for these people who have given everything
[07:54.880 --> 08:02.320]  to keep 90.1 on the air. Well, in one of the cases, the government was seeking an injunction
[08:02.320 --> 08:13.880]  to order this individual to quote unquote comply with the law, which if as we have discovered
[08:13.880 --> 08:20.200]  would be a mute point because there's no law that requires somebody to have a license in
[08:20.200 --> 08:26.600]  a situation like this. Well, that's what the big fight is all about. Well, at any rate,
[08:26.600 --> 08:33.200]  the big danger, the big fear, the big pins and needles situation is what was going to
[08:33.200 --> 08:40.040]  happen with this injunction. Because if the injunction came down, the legal team had decided
[08:40.040 --> 08:50.280]  that they were not going to advise the board of directors of 90.1 to shut down the station
[08:50.280 --> 08:57.560]  or the micro because basically they're not in violation of any law anyway. And so by
[08:57.560 --> 09:03.080]  shutting down would send the wrong message. And it would be contrary to the position,
[09:03.080 --> 09:08.600]  the legal position of the case. And so then that could get into a big court battle over
[09:08.600 --> 09:15.280]  possible contempt charges. So there has been a lot of prayer. There's been a lot of legal
[09:15.280 --> 09:22.440]  research going into this matter. I myself and the other individuals on this legal team
[09:22.440 --> 09:30.760]  have been basically all of our time has been spent on this case for the last year at least.
[09:30.760 --> 09:37.280]  Well, the good news listeners, I wanted to break the news to our listeners is that all
[09:37.280 --> 09:44.000]  our hard works paid off. We blocked the injunction. We did block the injunction. The injunction
[09:44.000 --> 09:50.480]  is dead. Ding dong, the witch is dead. The injunction is dead. And so I wanted to make
[09:50.480 --> 09:54.320]  that announcement because I'm sure everyone has been on pins and needles wondering what's
[09:54.320 --> 10:01.440]  going on with the case. And the injunction got blocked on some technical legal reasons,
[10:01.440 --> 10:09.040]  but not because of the primary merit reasons of the case, which is the fact that the DOJ
[10:09.040 --> 10:16.440]  has not been able to prove standing nor have they been able to establish what law they're
[10:16.440 --> 10:22.000]  accusing these entities of violating in the first place, nor did they come anywhere close
[10:22.000 --> 10:28.080]  to establishing evidence at the hearing, at the trial, that any law was broken. And that
[10:28.080 --> 10:31.640]  was very clear on the transcript. In fact, at one point the judge was yelling at the
[10:31.640 --> 10:37.520]  DOJ over the matter. Well, the bad news is a double-sided coin. The good news is the
[10:37.520 --> 10:45.280]  injunction got blocked, but not for the merits of the case reasons, but for some technical
[10:45.280 --> 10:50.520]  legal reasons that were basically some bumbling on the DOJ's part. They never could have gotten
[10:50.520 --> 10:55.080]  the injunction anyway because they didn't have standing to get the injunction. And so
[10:55.080 --> 11:04.080]  we did win that. However, the case, the judge awarded the government the forfeitures. So
[11:04.080 --> 11:11.960]  now these two entities are facing $10,000 forfeitures apiece. However, both of the cases are going
[11:11.960 --> 11:20.640]  to appeal. And we feel, the legal team feels that the case, we have a solid enough case
[11:20.640 --> 11:25.320]  that we're going to win on appeal. If we don't win at the Fifth Circuit, we feel certain
[11:25.320 --> 11:29.680]  that we're going to win at the Supreme Court level because basically they just don't have
[11:29.680 --> 11:35.920]  a case. And as discussing this situation with the rest of the legal team, we pretty much
[11:35.920 --> 11:41.440]  decided that what's going on with this federal judge is that he's just letting the government
[11:41.440 --> 11:50.560]  down easy, so to speak, that they can't really, federal judges aren't really going to just
[11:50.560 --> 11:56.300]  say, you guys are right. You kicked the FCC in the butt. That's just probably, just for
[11:56.300 --> 12:03.120]  political reasons, it's not going to happen at the crack of the hat. But to beat the injunction
[12:03.120 --> 12:07.880]  is the major victory. However, we still have to fight the forfeitures. And that is a crucial
[12:07.880 --> 12:13.960]  fight because the merits of the case still have not been addressed yet. And that needs
[12:13.960 --> 12:22.320]  to come out at some point because ultimately if the, if this matter, if they lose on appeal
[12:22.320 --> 12:28.600]  concerning the forfeitures, then that would give the government standing or grounds to
[12:28.600 --> 12:37.320]  go back after these people again to the tune of $116,000 apiece. Okay. So the stakes would
[12:37.320 --> 12:44.680]  be much higher. And in that situation, these people could lose their homes. So folks, just
[12:44.680 --> 12:51.320]  to let you know, we're not playing games here. All right. The people involved here are not
[12:51.320 --> 12:58.720]  playing games. They're putting everything on the table. They're very homes for this radio
[12:58.720 --> 13:03.600]  station and for the word of truth on the air and for the Lord's word on the air. So it's
[13:03.600 --> 13:11.040]  not something we take lightly by any means. It's not something that is frivolous. This
[13:11.040 --> 13:16.120]  is very serious matter. And so we do appreciate your prayers. We do need your prayers. Please
[13:16.120 --> 13:22.560]  continue with these prayers because it's not about the $10,000. It's about the fact that
[13:22.560 --> 13:29.320]  we have to win on this appeal because in order to get the merit to the case address, otherwise
[13:29.320 --> 13:35.360]  if we lose the appeal, then that means the stakes are going to be so much higher next
[13:35.360 --> 13:40.840]  time that these people could lose their homes. And so if that happens, if it gets to that
[13:40.840 --> 13:45.680]  point, the legal team is going to have to rethink the strategy here. And there may need
[13:45.680 --> 13:50.920]  to be some changes made. But that's off in the distance. We've got a lot of hope here.
[13:50.920 --> 13:57.880]  We've got an extremely strong case. There's no commercial nexus. The government has no
[13:57.880 --> 14:06.160]  pending. They stated no cause in controversy. No cause or controversy. They have no cause
[14:06.160 --> 14:11.480]  of action. They failed to prove the elements of their cause of action at the trial. And
[14:11.480 --> 14:17.160]  so we have a very, very strong case for appeal. But we do need to take this all the way even
[14:17.160 --> 14:25.080]  to the Supreme Court if necessary. So I wanted to make that announcement. And the gist of
[14:25.080 --> 14:29.320]  the matter is that they've always been vague about what statute they're accusing these
[14:29.320 --> 14:35.080]  people of violating. What finally came out at the hearing, they're just as I suspected,
[14:35.080 --> 14:40.960]  they are accusing these entities of violating what I call the point-to-point statute from
[14:40.960 --> 14:46.920]  one place to another place. The FCC always wants to say, well, you have to have a license
[14:46.920 --> 14:54.760]  to transmit radio signals from one place to another place within the same state. Well,
[14:54.760 --> 15:01.440]  listen, pal, you've got to prove up the existence of the other place. That means the government
[15:01.440 --> 15:08.720]  has to establish that there is a specific intended point of reception here. Like say,
[15:08.720 --> 15:13.920]  for example, what happens with a garage door opener? You're not trying to open every garage
[15:13.920 --> 15:20.000]  door in the city. It's not a broadcast. You have a specific intended point of reception,
[15:20.000 --> 15:26.840]  or garage door receiver, or when a pilot radios air traffic control. Pilot's not sending
[15:26.840 --> 15:32.560]  out a broadcast. The pilot is specifically communicating with the tower, the air traffic
[15:32.560 --> 15:37.200]  control tower. Well, they're trying to accuse these entities of violating this place-to-place
[15:37.200 --> 15:43.960]  point-to-point statute, but the government failed to produce a witness to even establish
[15:43.960 --> 15:49.960]  reception at all, much less an intended point of reception. And so, honestly, I don't even
[15:49.960 --> 15:59.600]  see how this federal judge was able to rule against these litigants regarding the fine,
[15:59.600 --> 16:05.160]  and even that ruling is unclear, and so motions for additional findings affect and conclusion
[16:05.160 --> 16:10.960]  at law have been filed. But at any rate, the point is it's very good news. We're calling
[16:10.960 --> 16:16.320]  the bluff. The bluff that they've been running for decades. We beat the injunction, and now
[16:16.320 --> 16:23.320]  all we have to do is just one more step to beat these fines, and we've won. And ultimately,
[16:23.320 --> 16:27.640]  I feel we've won the case. Ultimately, I feel the case is won. It's just a matter of at what
[16:27.640 --> 16:32.960]  point is it going to come out that the case is won. So at any rate, listeners, I wanted
[16:32.960 --> 16:39.120]  y'all to be the first to know. I'm going to put together a PSA for the rest of the listeners
[16:39.120 --> 16:45.080]  on 90.1 who aren't listening right now, but I want to thank you all for your support.
[16:45.080 --> 16:50.320]  We need your continued support. We need your prayers more than anything. We're doing this
[16:50.320 --> 16:57.400]  for the Lord's word. This is the Lord's work. It's His radio, and we give thanks and praise
[16:57.400 --> 17:00.960]  to God. We'll be right back.
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[17:40.120 --> 17:47.640]  in during regular business hours or call 512-646-644-0. Ask for Chad or Becky and say that you heard
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[19:17.760 --> 19:42.080]  Alright folks, we are back. We are taking your calls in just a moment so please bear
[19:42.080 --> 19:47.000]  with us. There was another matter I wanted to go over and Randy had a little something
[19:47.000 --> 19:52.760]  to do. Robert Daniel Norman, we see you on the board and also just another brief quick
[19:52.760 --> 19:58.440]  announcement. We are without our call screener tonight and so I'm having to screen the calls
[19:58.440 --> 20:04.800]  so folks, bear with me. I can't screen the calls and be on the air at the same time.
[20:04.800 --> 20:11.640]  That does not work. Okay, so I have to screen calls on the breaks so please, please, please
[20:11.640 --> 20:17.280]  do not try to talk to me on the break because I am going to be in a big hurry just to blaze
[20:17.280 --> 20:21.480]  through all the calls and make sure I've got people's names programmed in properly and
[20:21.480 --> 20:26.320]  that you guys are on a stable connection and all that sort of technical issue. So please
[20:26.320 --> 20:31.960]  do not try to talk to me when I screen your calls and I'm not going to be able to screen
[20:31.960 --> 20:35.720]  the calls while I'm on the air at the same time. Alright, just wanted to make that announcement.
[20:35.720 --> 20:42.520]  Alright, now another piece of good news. I want to put this in here. I got this email
[20:42.520 --> 20:52.840]  in today. This has to do with a woman, an Oregon woman, who won an $82,000 judgment
[20:52.840 --> 21:01.400]  for herself against the Portland Police Department because she got arrested and beat up for simply
[21:01.400 --> 21:09.000]  asking for a police officer's business card. She won. So good news all around and I just
[21:09.000 --> 21:15.000]  wanted to read this brief article just as a bit of inspiration to us all. This article
[21:15.000 --> 21:21.120]  was written by Dr. Boyce Watkins. He's the founder of Your Black World Coalition. This
[21:21.120 --> 21:30.480]  is an African American lady who won this suit. This is on the website is, I believe, looking
[21:30.480 --> 21:40.300]  at it here. It is colonel6.com. You can go there and see that article. So let me just
[21:40.300 --> 21:48.280]  read a little bit about this. Hope I'm pronouncing her name correctly. Shimeika Newman just
[21:48.280 --> 21:53.320]  won the major victory for herself and everyone who's ever been victimized by the system.
[21:53.320 --> 21:58.320]  The 33-year-old Oregon woman won an $82,000 judgment against the Portland Police after
[21:58.320 --> 22:03.240]  she was arrested for simply asking for a police officer's business card. The incident occurred
[22:03.240 --> 22:11.360]  in February 2009 when she noticed a questionable and seemingly brutal arrest of a fellow citizen.
[22:11.360 --> 22:21.600]  This led her to walk up to one of the officers, Aaron Douchey, who grabbed a 29-year-old black
[22:21.600 --> 22:27.160]  man off a train and handcuffed him on the ground. When Ms. Newman asked why the officer
[22:27.160 --> 22:32.240]  was dealing with the man with so much force, he told her to mind her own business. Well,
[22:32.240 --> 22:36.960]  Ms. Newman didn't stop at that point. She then went to Douchey's partner, Officer Jim
[22:36.960 --> 22:44.440]  Sandvik, to ask for a business card. But Sandvik refused to give her the card and took her
[22:44.440 --> 22:52.920]  ID instead. Excuse me. When she stepped forward to read the officer's name on his badge, he
[22:52.920 --> 22:58.280]  hit her in the chest and handcuffed her. She was then taken to jail and released the next
[22:58.280 --> 23:04.520]  day without her money, her cell phone, or even her shoelaces. Sandvik attempted to convince
[23:04.520 --> 23:10.040]  the jury that Ms. Newman was yelling and belligerent. He also added that she approached him from
[23:10.040 --> 23:16.080]  behind while he was dealing with four drunken men. But jurors were unconvinced after watching
[23:16.080 --> 23:22.600]  the surveillance video which showed the officers to be untruthful in their version of the facts.
[23:22.600 --> 23:27.400]  Assistant Officer Paul Valdez actually testified that Ms. Newman was polite and respectful
[23:27.400 --> 23:32.400]  to the officers when she approached them. He also said that she did not interfere with
[23:32.400 --> 23:38.920]  their duties in the way they described. Newman said that she wasn't going to sue at first,
[23:38.920 --> 23:44.440]  but decided to do so because she encourages the students she mentors to stand up for what
[23:44.440 --> 23:49.320]  is right. She grew up in several foster homes as a child and then graduated from high school
[23:49.320 --> 23:55.840]  with a 3.8 GPA. She has also been a foster mom herself and has received awards for outstanding
[23:55.840 --> 23:59.840]  volunteer work.
[23:59.840 --> 24:04.920]  Reading the story about Shy Mecca, this is Boy Swatkin speaking here. Reading the story
[24:04.920 --> 24:09.680]  about Shy Mecca and Newman made me proud. When citizens stand up in the face of tyranny,
[24:09.680 --> 24:15.560]  it makes America a little better every time. Additionally, Ms. Newman's experience is incredibly
[24:15.560 --> 24:21.440]  common as police officers are known for abusing their authority. As the son of a police officer,
[24:21.440 --> 24:26.320]  I can testify that many officers do not like their power to be questioned, putting law-abiding
[24:26.320 --> 24:33.080]  citizens in harm's way for simply asking the wrong question. Americans must work to protect
[24:33.080 --> 24:38.280]  our civil liberties from overzealous police and a nation that has fallen in love with
[24:38.280 --> 24:44.320]  mass incarceration, each of us finds our freedom at risk because one tiny incident can cause
[24:44.320 --> 24:48.920]  us to have an experience as humiliating as the one endured by Ms. Newman. There is no
[24:48.920 --> 24:54.120]  reason that this good woman and upstanding citizen should have been brutalized, arrested,
[24:54.120 --> 24:59.440]  and sent to jail. The department was lucky to only have to pay $82,000 for nearly ruining
[24:59.440 --> 25:04.280]  this woman's life by giving her a criminal record. On a brighter note, it should be recognized
[25:04.280 --> 25:09.560]  that it was the testimony of an honest police officer, Paul Valdez, that helped Ms. Newman
[25:09.560 --> 25:14.720]  convince the jury to believe her side of the story. This shows that not every police officer
[25:14.720 --> 25:19.600]  is corrupt and many of them are seeking to do the right thing. The world can always find
[25:19.600 --> 25:24.120]  a use for ethical police officers and they should serve as righteous partners in our
[25:24.120 --> 25:31.640]  quest to end police abuse everywhere. This was written by Dr. Boyce Watkins, the founder
[25:31.640 --> 25:38.360]  of Your Black World Coalition. So there's another piece of good news. Justice was served.
[25:38.360 --> 25:45.440]  She should have gotten $82 million, I think, but the point is she won her case just like
[25:45.440 --> 25:52.960]  the folks over at 90.1 are winning their case and not every police officer is a bad guy.
[25:52.960 --> 25:57.840]  So I just wanted to let the listeners know about that piece of good information.
[25:57.840 --> 25:58.840]  Oh, some of them sleep.
[25:58.840 --> 26:04.600]  Some of them sleep. So what do you have to say about all that, Randy?
[26:04.600 --> 26:13.600]  Well, things are changing. I've read an article today that I thought was most encouraging.
[26:13.600 --> 26:21.640]  And the article started out by saying that, or actually it was an article, it was an article
[26:21.640 --> 26:30.080]  on the web with a video, a YouTube video, of politicians, I forgot their names, but
[26:30.080 --> 26:40.680]  they're saying that there's a 50% chance that the government will not get a budget passed
[26:40.680 --> 26:46.720]  and the government may default on its debt. And the Republicans and the Democrats are
[26:46.720 --> 26:53.400]  shaking in their boots because it's neither the Republicans nor the Democrats that's causing
[26:53.400 --> 27:03.800]  this problem. We've talked about before the election two years ago when we were expecting
[27:03.800 --> 27:10.240]  the legislators to throw the lenders under the bus because they were going into the election
[27:10.240 --> 27:17.320]  with a 11% approval rating lowest in history. And they did throw them under the bus and
[27:17.320 --> 27:25.080]  run over them a couple of times, but it didn't help. They had the largest turnover in the
[27:25.080 --> 27:37.640]  House in history, 64 new congressmen. Well, it is those 64 new congressmen who are saying
[27:37.640 --> 27:49.920]  we don't care if we get elected again. We were elected in to do this job to stop excessive
[27:49.920 --> 27:57.160]  spending to get the government in control. And we don't care what you guys want. We're
[27:57.160 --> 28:03.920]  going to do what we were elected to do. And now all of the people that has made this horrible
[28:03.920 --> 28:11.960]  mess are shaking in their boots concerned that the government will default on its debt
[28:11.960 --> 28:22.880]  with disastrous consequences. My question is disastrous for who? Primarily for the politicians
[28:22.880 --> 28:30.520]  who created the mess in the first place. All this time we've been working on this foreclosure
[28:30.520 --> 28:35.840]  issue. I've had people tell me, well, the government's just going to pass a law and
[28:35.840 --> 28:41.840]  make it legal for these guys to do this or to protect them or to bail them out. That
[28:41.840 --> 28:50.000]  hasn't happened. The laws have been proposed, but none of them got anywhere. And I've been
[28:50.000 --> 28:56.760]  saying this since that election. The problem is, is they've got 64 new congressmen in there
[28:56.760 --> 29:06.400]  that aren't bought yet by the lobbying interests. They've got 64 get flies in there. And that's
[29:06.400 --> 29:13.240]  exactly what this article is saying. That everything the republicans and the democrats
[29:13.240 --> 29:19.920]  are trying to get done, which amounts to increasing spending and increasing taxes. These guys
[29:19.920 --> 29:27.720]  are voting against. They're telling the government, you are going to have to decrease spending.
[29:27.720 --> 29:36.600]  And that's all there is to that. Well, the problem is, is another elections coming. And
[29:36.600 --> 29:42.160]  they expect it to be worse than this one. So we may actually get our government back.
[29:42.160 --> 29:50.280]  We're in the process. Okay, this is Randy Kelton, W. Stevens, Eddie Craig, rule of law
[29:50.280 --> 29:56.880]  radio. We're going into mid hour break. We'll be back on the other side and we should be
[29:56.880 --> 30:04.680]  ready to start taking calls. I lost my son. My uncle. My uncle. On September 11th, 2001.
[30:04.680 --> 30:08.960]  Most people don't know that a third tower fell on September 11th. World Trade Center
[30:08.960 --> 30:14.000]  47, a 47 story skyscraper was not hit by a plane. Although the official explanation
[30:14.000 --> 30:19.200]  is that fire brought down building seven over 1200 architects and engineers and looked
[30:19.200 --> 30:23.440]  into the evidence and believed there is more to the story. Bring justice to my son, my
[30:23.440 --> 30:29.160]  uncle, my nephew, my son, go to building what dot org, why it fell, why it matters as what
[30:29.160 --> 30:35.200]  you can do. Kids in Seminole County, Florida are no longer treated like criminals in the
[30:35.200 --> 30:40.680]  lunch line. Their school district has abandoned the cafeteria ID fingerprint program that
[30:40.680 --> 30:44.840]  had privacy advocates fuming. I'm gonna get Catherine Albrecht and I'll be right back
[30:44.840 --> 30:50.880]  with the details. Privacy is under attack. When you give up data about yourself, you'll
[30:50.880 --> 30:56.040]  never get it back again. And once your privacy is gone, you'll find your freedoms will start
[30:56.040 --> 31:01.400]  to vanish too. So protect your rights. Say no to surveillance and keep your information
[31:01.400 --> 31:06.400]  to yourself. Privacy, it's worth hanging on to. This public service announcement is
[31:06.400 --> 31:11.720]  brought to you by startpage.com. The private search engine alternative to Google, Yahoo
[31:11.720 --> 31:16.200]  and Bing. Start over with Start Page.
[31:16.200 --> 31:20.840]  Fingerprint scanners are associated with criminals, but at many US schools, they've become fixtures
[31:20.840 --> 31:25.760]  in the cafeteria. In the name of efficiency, kids are trained to present a fingerprint
[31:25.760 --> 31:31.320]  in exchange for a hot meal. It's the ultimate Pavlovian linkage of food to big brother by
[31:31.320 --> 31:36.800]  biometric control. Fortunately, Seminole County, Florida is giving the finger scanners the
[31:36.800 --> 31:42.080]  old P. Ho after a four-year experiment. The district's food service manager says the
[31:42.080 --> 31:47.320]  program was too expensive and it was too much work scanning every kid's index finger into
[31:47.320 --> 31:52.400]  the network. Plus, the scanners apparently had a hard time reading children's miniature
[31:52.400 --> 32:02.400]  fingertips. Creepy. I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:22.400 --> 32:45.400]  When you're gonna stop abuse, give her power. When you're gonna stop abuse, give her power.
[32:45.400 --> 33:12.400]  When you're gonna stop abuse, give her power. When you're gonna stop abuse, give her power.
[33:12.400 --> 33:18.400]  Yes, I am. Okay, great. All right, callers. We've got Robert Daniel Norman and Jason on
[33:18.400 --> 33:24.740]  the line here. We're gonna go to Robert first. Robert from Texas. Thank you for calling in.
[33:24.740 --> 33:31.740]  What is your question for us tonight? Okay, you're talking to me? Yes, you're up first.
[33:31.740 --> 33:38.460]  Well, I'm totally surprised and this is great. I'm a newbie to your show. I ran into a situation
[33:38.460 --> 33:46.520]  and a acquaintance heard my problem and quickly told me I needed to call and speak with Eddie
[33:46.520 --> 33:54.680]  about this problem. So anyway, I'm very thankful you took my call. But just to kind of give
[33:54.680 --> 34:00.440]  you the idea and break it down real quick, first off, I'm calling you from a small town
[34:00.440 --> 34:08.680]  in Texas and I've been operating a vehicle for 41 years. I've had so few incidences that
[34:08.680 --> 34:12.800]  I can count them on one hand and still have fingers left over. But I had a problem when
[34:12.800 --> 34:21.440]  I was traveling from, I've gone to Ohio to pick up our two grandchildren and bring them
[34:21.440 --> 34:28.880]  back to Texas. And on my way back, I was passing through, I guess, a town in Illinois associated
[34:28.880 --> 34:37.480]  with Mount City, Illinois. They're on Interstate 57. And I'm driving just fine. I'm actually
[34:37.480 --> 34:44.400]  going through a construction zone. And here in Texas, I guess most of the construction
[34:44.400 --> 34:50.560]  zones here at even states, if there's nobody present, you can travel at regular speed.
[34:50.560 --> 34:54.680]  And there was no one present in the construction zone there in Illinois and I was traveling
[34:54.680 --> 35:00.760]  basically the same speed. And so were a few others in front of me and behind me. But they
[35:00.760 --> 35:07.240]  were a distance away. But anyway, I was traveling through. There happened to be a sheriff sitting
[35:07.240 --> 35:14.240]  on the side. He pulled me over. And this side, he wants to give me a ticket. I talked with
[35:14.240 --> 35:18.600]  him just a moment that he gave me a ticket for the construction zone. And like I say
[35:18.600 --> 35:21.680]  again, there was nobody present. I brought that to his attention. That didn't seem to
[35:21.680 --> 35:29.800]  make any difference. And he also gave me another citation because I happened to have an expired
[35:29.800 --> 35:38.040]  license. So in this case, they're telling me, and this place is about 600 miles away from
[35:38.040 --> 35:44.280]  us, they're saying I have to be there in person or fine legal counsel that can represent
[35:44.280 --> 35:53.200]  me there. And I'm to show up on August 2nd. What can I do to help myself in this situation
[35:53.200 --> 35:55.720]  other than going through their legal system?
[35:55.720 --> 36:02.400]  Okay. You say that you're from Texas and you were traveling in this other state?
[36:02.400 --> 36:04.560]  Yes, sir.
[36:04.560 --> 36:12.840]  Okay. The first thing is, is how are they enforcing Texas law regarding a driver's
[36:12.840 --> 36:20.360]  license? Exactly. What law are they charging you under? Are they charging you under? Now,
[36:20.360 --> 36:22.600]  which state did you say you were in?
[36:22.600 --> 36:28.640]  I was in Illinois, just as I was speeding in the construction zone.
[36:28.640 --> 36:37.440]  Okay. What statute are they charging you under? An Illinois statute or under a Texas statute?
[36:37.440 --> 36:41.560]  They can't, they have no jurisdiction to charge you under a Texas statute.
[36:41.560 --> 36:48.520]  Okay. Question, question. Did you have a Texas driver's license with you?
[36:48.520 --> 36:52.160]  But it was, yes. I had one with me and it was expired.
[36:52.160 --> 36:59.400]  And it was expired. Well, it is not against the law to drive in Illinois on an expired
[36:59.400 --> 37:05.840]  driver's license. As a matter of fact, I was stopped in Texas with an Illinois license
[37:05.840 --> 37:15.480]  plate on my van that had been expired for two years. And the officer said, Mr. Kelton,
[37:15.480 --> 37:21.160]  it appears that your license is expired. And I said, well, yes, as a matter of fact,
[37:21.160 --> 37:30.760]  it is. But as I understand, you cannot cite me for violating an Illinois law. And he said,
[37:30.760 --> 37:37.040]  that is right. I cannot. But if I see that van again, I can cite you for violating a
[37:37.040 --> 37:45.080]  Texas law. Fair enough. That was the point. Your driver's license, if you had a Texas
[37:45.080 --> 37:54.280]  license on your person, then you were driving under Texas law, not Illinois law. And he
[37:54.280 --> 38:01.280]  cannot cite you in Illinois for violating a Texas law. I bet he didn't. Go ahead.
[38:01.280 --> 38:05.280]  No, that's okay. No, I was going to just mention one thing. I did speak with the courthouse
[38:05.280 --> 38:12.160]  there. They mentioned to me that construction zone or not, you have to obey all speed signs,
[38:12.160 --> 38:16.480]  reduce speed, whether there's someone in the construction zone or not. That's, I guess,
[38:16.480 --> 38:24.600]  the difference in what we have here in Texas. Your argument would be good faith reliance
[38:24.600 --> 38:35.000]  on competent authority or legal mistake. Well, the thing is, though, is exactly how did the
[38:35.000 --> 38:43.080]  notification of reduced speed, how was it posted for you to see? Actually, I'm very
[38:43.080 --> 38:47.880]  copious when I drive. I pay attention very well to everything around me. And there was
[38:47.880 --> 38:54.720]  not the usual signage and postage of speed zones entering into this construction zone.
[38:54.720 --> 38:58.320]  About more than halfway through, all of a sudden, there was two signs on both sides
[38:58.320 --> 39:04.800]  that said 55. I immediately started slowing down. But as I was going past, the officer
[39:04.800 --> 39:08.280]  was sitting there on the side, underneath the signs, matter of fact, because you're
[39:08.280 --> 39:12.640]  coming downhill and around a curve. And so he's right there under the sign. And he cited
[39:12.640 --> 39:17.920]  me for going, basically, the regular speed limit as if there was no construction sign.
[39:17.920 --> 39:26.480]  Okay. Then if you were, where, how far from these signs did this zone allegedly begin?
[39:26.480 --> 39:33.840]  He told me that the signs, supposedly, that I told him I had failed to see were, we had
[39:33.840 --> 39:38.680]  to reduce speed. He said it was two miles behind me.
[39:38.680 --> 39:46.040]  Okay. But you don't recall seeing anything that said that?
[39:46.040 --> 39:54.120]  No. Actually, I did not. Once I got through this construction zone, there was several
[39:54.120 --> 40:00.200]  all along the way. But as others were hearing, there was considerable amount of signage.
[40:00.200 --> 40:04.320]  Everything, I mean, telling you to reduce and telling you how far before you got there
[40:04.320 --> 40:07.920]  and everything, this one didn't have it. This one didn't have it. And it was a short
[40:07.920 --> 40:09.560]  construction zone.
[40:09.560 --> 40:15.680]  Yeah. And most of them will generally tell you that there's reduced speed ahead and then
[40:15.680 --> 40:19.640]  you will come to the sign that says what the reduced speed is.
[40:19.640 --> 40:21.760]  I understand.
[40:21.760 --> 40:29.400]  So if you didn't see any of that and they're saying it exists, guess who has the burden
[40:29.400 --> 40:31.040]  of proof?
[40:31.040 --> 40:33.040]  I understand.
[40:33.040 --> 40:40.960]  Can I ask you a question? In the state of Texas, many construction zones tell you that
[40:40.960 --> 40:48.960]  only those speed zones are, I guess, that they are getting mixed up.
[40:48.960 --> 40:52.120]  It says, when workers are present.
[40:52.120 --> 40:54.360]  When workers are present. Right, right, right.
[40:54.360 --> 40:59.200]  Well, no, no, no. It does not say that the speed applies when workers are present. It
[40:59.200 --> 41:03.560]  says fines will double if workers are present.
[41:03.560 --> 41:04.560]  That's right.
[41:04.560 --> 41:05.560]  It does.
[41:05.560 --> 41:06.560]  Okay.
[41:06.560 --> 41:07.560]  Okay.
[41:07.560 --> 41:08.560]  Okay.
[41:08.560 --> 41:09.560]  Okay.
[41:09.560 --> 41:10.560]  Okay.
[41:10.560 --> 41:16.160]  That's what it's telling you. The reason for that, of course, is public safety. And
[41:16.160 --> 41:21.120]  I don't really have an issue with that. I mean, the workers need to be safe. The fact
[41:21.120 --> 41:26.160]  that it's a construction zone means there's a possibility of debris and other loose materials
[41:26.160 --> 41:32.120]  in the roadway that could cause accidents, damage, or death that come through a windshield.
[41:32.120 --> 41:36.760]  So the reduced speed part is there, whether workers are present or not, for that reason.
[41:36.760 --> 41:42.680]  Not to mention some construction zones cause blind spots because they put up those retaining
[41:42.680 --> 41:47.320]  walls and such and make sharp corners around them. You can't necessarily see what's in
[41:47.320 --> 41:51.360]  the roadway ahead of you when you come around it.
[41:51.360 --> 41:54.880]  So there's obvious safety reasons why they're there.
[41:54.880 --> 41:59.400]  However, they don't apply to him anyway.
[41:59.400 --> 42:00.400]  Correct.
[42:00.400 --> 42:07.040]  What's my best way to tackle this situation?
[42:07.040 --> 42:12.280]  Well, the best way to tackle it is demand the presentation because you have the right
[42:12.280 --> 42:21.280]  to view the evidence before any trial. So you demand that they provide you with all evidence
[42:21.280 --> 42:28.240]  and a list of all witnesses that are going to testify and introduce and verify this evidence.
[42:28.240 --> 42:33.480]  The only thing they're going to have is the cop's testimony. I absolutely guarantee that
[42:33.480 --> 42:36.960]  it's the only thing they're going to have.
[42:36.960 --> 42:46.040]  And you just file a motion to dismiss for entrapment. Just make the argument there was
[42:46.040 --> 42:52.080]  no signage prior to the interest of the zone that stipulated a construction zone existed
[42:52.080 --> 42:58.560]  or reduced speed existed until approximately halfway through this zone and it was nothing
[42:58.560 --> 43:04.360]  but an engineer's speed trap.
[43:04.360 --> 43:05.360]  That's one way to go about it.
[43:05.360 --> 43:10.120]  My insurance agent, and he said that Illinois is phenomenal for that. I don't know if that's
[43:10.120 --> 43:12.760]  true or not, but that's just the viewpoint of my insurance agent.
[43:12.760 --> 43:19.360]  Three states, phenomenal for it if they can get away with it.
[43:19.360 --> 43:28.760]  Because of the problems with the economy and the decrease in property values, the decrease
[43:28.760 --> 43:35.280]  in spending, so there's a decrease in sales tax, the states are running out of money and
[43:35.280 --> 43:39.800]  the municipalities are running low on money. They're trying to use the traffic laws as
[43:39.800 --> 43:42.880]  an unauthorized tax.
[43:42.880 --> 43:49.280]  Right. Do I need to appear in person or can I just deal with by mail only?
[43:49.280 --> 43:53.200]  You can file a motion to dismiss as long as you file it early, but you would still have
[43:53.200 --> 43:56.200]  to set it for hearing. But hang on, we'll be right back on the other side of the break
[43:56.200 --> 43:58.200]  and pick up with you.
[43:58.200 --> 44:03.520]  Hey, did you hear? Ron Paul has announced he's running for president in 2012.
[44:03.520 --> 44:04.520]  Who's Ron Paul?
[44:04.520 --> 44:08.200]  Really? Okay, put down the cell phone for one minute. Your friends really don't care
[44:08.200 --> 44:10.200]  about your Twitter updates on what you had for breakfast.
[44:10.200 --> 44:13.640]  Oh, but I'd love to make those little smiley faces with punctuation marks.
[44:13.640 --> 44:17.200]  Of course you do. Now listen closely, you need to go down to Brave New Books and learn
[44:17.200 --> 44:21.000]  as much as you can about Ron Paul and his message before it's too late. They have all
[44:21.000 --> 44:25.120]  of his books and many of the books he talks about. They also have t-shirts, bumper stickers
[44:25.120 --> 44:28.200]  and yard signs so that you can show your support for him during the campaign.
[44:28.200 --> 44:31.200]  Brave New Books? Did they have Harry Potter and Twilight?
[44:31.200 --> 44:35.200]  No, but they do carry a large selection of survival and preparedness books to protect
[44:35.200 --> 44:37.200]  your family in time of emergency.
[44:37.200 --> 44:39.200]  That sounds like that show on the Discovery Channel.
[44:39.200 --> 44:43.200]  Yeah, there's even a wilderness survival expert that teaches classes called Earthskill
[44:43.200 --> 44:47.200]  School that you can sign up for on the website bravenewbookstore.com. What are you doing?
[44:47.200 --> 44:51.200]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the
[44:51.200 --> 44:53.200]  bookstore in person. Where's it located?
[44:53.200 --> 44:55.200]  1904 Guadalupe Street.
[44:55.200 --> 44:58.200]  There, it's sent. I even made a smiley face.
[44:58.200 --> 45:00.200]  Great.
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[45:59.200 --> 46:01.200]  Thank you.
[46:29.200 --> 46:31.200]  Thank you.
[47:00.200 --> 47:07.200]  Alright folks, we are back. This is Rule of Law Radio.
[47:07.200 --> 47:11.200]  Call in numbers 512-646-1984.
[47:11.200 --> 47:14.200]  Right now we are going to finish up with Robert in Texas,
[47:14.200 --> 47:16.200]  and then we're going to go to Daniel, Norman and Jason.
[47:16.200 --> 47:19.200]  So you fellas just hang in there. We'll be with you in just a moment.
[47:19.200 --> 47:22.200]  Alright Robert, let's finish up with you here.
[47:22.200 --> 47:30.200]  Okay. My question before the break was, being at this place is 600 miles away.
[47:30.200 --> 47:33.200]  It would be very encumbering to go back.
[47:33.200 --> 47:39.200]  Again, it's supposedly that I'm supposed to be there on August 2nd.
[47:39.200 --> 47:44.200]  What's my best way of taking care of this in order to not have to appear there?
[47:44.200 --> 47:49.200]  I would file a motion to quash and a motion to dismiss
[47:49.200 --> 47:54.200]  for lack of subject matter jurisdiction, especially on the driver's license charge.
[47:54.200 --> 47:58.200]  Randy, you got any other suggestions?
[47:58.200 --> 48:05.200]  Well, the problem is, it's going to cost you so much to try to fight this at that distance.
[48:05.200 --> 48:11.200]  And they take full advantage of that knowing it's going to cost you so much at this distance.
[48:11.200 --> 48:18.200]  That unless you're going to go back to Illinois, then you may be able to fight them from a distance.
[48:18.200 --> 48:24.200]  If you hire an attorney in Illinois, he's just going to charge you a lot of money to screw you.
[48:24.200 --> 48:28.200]  It'll cost you more and you'll still lose.
[48:28.200 --> 48:33.200]  Because he's not going to go in there and do anything to annoy the court,
[48:33.200 --> 48:36.200]  especially attorneys that are doing traffic tickets.
[48:36.200 --> 48:39.200]  That means they're chops and they can't do real cases.
[48:39.200 --> 48:45.200]  So they have to do traffic tickets for chicken feet.
[48:45.200 --> 48:48.200]  We file the motions.
[48:48.200 --> 48:54.200]  I would certainly petition for a continuance until you can receive full discovery,
[48:54.200 --> 49:02.200]  until your motions ask the judge to respond to the challenge to subject matter jurisdiction.
[49:02.200 --> 49:06.200]  And he will absolutely, without fail,
[49:06.200 --> 49:12.200]  lose against you no matter what you file because the courts are absolutely corrupt.
[49:12.200 --> 49:23.200]  But this depends on whether or not you have a reason other than money to fight the ticket.
[49:23.200 --> 49:29.200]  Some of us fight the ticket because we feel it's the right thing to do.
[49:29.200 --> 49:33.200]  If that's not your purpose,
[49:33.200 --> 49:42.200]  there's not an easy way to beat this particular issue because you're so far away.
[49:42.200 --> 49:44.200]  So I don't have an easy answer.
[49:44.200 --> 49:50.200]  If you were here where you could get to court, you could have a great time beating them up.
[49:50.200 --> 49:56.200]  But it's hard to beat them up from a thousand miles away.
[49:56.200 --> 50:00.200]  You have any magic suggestion, Eddie?
[50:00.200 --> 50:04.200]  Not a magic one, no.
[50:04.200 --> 50:09.200]  But again, I would give that a shot first off and just state that, you know,
[50:09.200 --> 50:12.200]  you lack impersonal jurisdiction.
[50:12.200 --> 50:17.200]  You don't have authority over the person in these particular charges.
[50:17.200 --> 50:21.200]  You didn't give proper notice of the alleged speeding charge.
[50:21.200 --> 50:29.200]  You most certainly do not have jurisdiction over an expired Texas driver's license.
[50:29.200 --> 50:31.200]  So I would...
[50:31.200 --> 50:38.200]  They might actually dismiss that one because it is so heightened.
[50:38.200 --> 50:42.200]  I would sure go for that one.
[50:42.200 --> 50:47.200]  But that other one, you know, I absolutely fell out of the motions you can from here.
[50:47.200 --> 50:55.200]  But don't get too disappointed if they will against you because, of course, you're absolutely corrupt.
[50:55.200 --> 51:03.200]  And this next week, again, I need to be there on August 2nd.
[51:03.200 --> 51:06.200]  We're talking 11 days.
[51:06.200 --> 51:20.200]  On the back side here to have a jury trial, I guess I should go ahead and check that and send it back to them.
[51:20.200 --> 51:25.200]  Absolutely. Is this your scheduled first appearance?
[51:25.200 --> 51:29.200]  Yes.
[51:29.200 --> 51:39.200]  Okay, then file the motions and ask the court to accept an appearance by mail.
[51:39.200 --> 51:42.200]  That might stop them.
[51:42.200 --> 51:51.200]  You know, they might give you the appearance by mail because they really want to call in you in to pay in them.
[51:51.200 --> 51:55.200]  So ask for a continuance first.
[51:55.200 --> 52:00.200]  As for Sully Sponte, we really want the continuance.
[52:00.200 --> 52:26.200]  If not, they're going to claim also a motion to dismiss the license ticket.
[52:26.200 --> 52:44.200]  I would also ask to see a copy of the multi-state license compact that the state of Illinois has with the state of Texas regarding driver's licenses and registration and other transportation items.
[52:44.200 --> 52:49.200]  Okay. I'm writing as you speak, so I'm trying to multitask it.
[52:49.200 --> 52:58.200]  Because Texas law contains a statute that's called a multi-state licensing compact, but it doesn't say who those states are.
[52:58.200 --> 53:12.200]  Nor does it say how the state of Texas got authority to enter into a compact with another state since that is federally, constitutionally prohibited.
[53:12.200 --> 53:24.200]  Yes, the state of Texas has no authority to delegate any policing authority to a foreign sovereign.
[53:24.200 --> 53:28.200]  Illinois would be considered a foreign sovereign.
[53:28.200 --> 53:35.200]  Nor does Illinois have jurisdiction to enforce another foreign sovereign's law within its own state.
[53:35.200 --> 53:43.200]  That's what I'm going to. These are separate sovereign issues.
[53:43.200 --> 53:50.200]  So that one they may actually dismiss and try to push you on the other one.
[53:50.200 --> 54:05.200]  Well, most of my life I've tried to, I'm not going to say buck the system, but most of the time I've always tried to make them do the right thing. And it's taken, like you say, a lot of extra time and trouble.
[54:05.200 --> 54:11.200]  It is very handy if you are local, so you can take care of it on a local level.
[54:11.200 --> 54:26.200]  But I've never done anything across state lines before, but I'm willing to give it a try. It would be great if there was some other way other than just the radio station to be able to contact you folks to see if I could, for any additional information,
[54:26.200 --> 54:30.200]  if you might be able to give me on my fight.
[54:30.200 --> 54:35.200]  Well, there are email addresses available.
[54:35.200 --> 54:48.200]  Rule of Law Radio has email contacts for me on there. You can go there and look up my email address. But just for simplicity's sake, it is eddie, eddie, at ruleoflawradio.com.
[54:48.200 --> 54:54.200]  And Eddie does a seminar every, is it still Sunday, Eddie?
[54:54.200 --> 54:57.200]  Yeah, Sunday from two to five at Brave New Books.
[54:57.200 --> 55:00.200]  If you can get over it, Austin.
[55:00.200 --> 55:05.200]  Okay. Yeah, Austin's about, well, I'm northeast of Dallas.
[55:05.200 --> 55:15.200]  Well, and Eddie also has a traffic seminar that's available for purchase on the website, the audio and the traffic seminar materials.
[55:15.200 --> 55:22.200]  Yeah, now you, well, I have several people that come to the seminar from Dallas and Fort Worth. You may want to try to look them up.
[55:22.200 --> 55:33.200]  If they're, if they will send me an email with contact information, if they're listening, if y'all will hook up together, they've gone through some of this already and they'll be able to help you.
[55:33.200 --> 55:39.200]  Plus, y'all may be able to get together to come to the seminars as a group.
[55:39.200 --> 55:48.200]  Yeah, if he's in 903, very cold, he's over there near where Jesus was born.
[55:48.200 --> 55:52.200]  That's near Palestine.
[55:52.200 --> 55:59.200]  Palestine. I'm a little farther north than that. I'm only seven miles from the Red River.
[55:59.200 --> 56:01.200]  Oh, you're way up there. Okay.
[56:01.200 --> 56:02.200]  Yeah.
[56:02.200 --> 56:05.200]  Up there, south of Riverbottoms.
[56:05.200 --> 56:16.200]  Would it be okay if I gave my email over the air if anyone would like to send an email to me in hopes to give me extra direction in this?
[56:16.200 --> 56:19.200]  Well, that part's up to you, but go ahead if you like.
[56:19.200 --> 56:35.200]  Yeah, I was going to say if anyone has some information would like to contact me through email. My email address is L-U-R-C-H underscore L-U-R-C-H underscore 54.
[56:35.200 --> 56:43.200]  Okay, Robert, you're going to need to say that again. You disappeared for a good second there. We missed what came after the L-U-R-C-H.
[56:43.200 --> 56:50.200]  Okay, L-U-R-C-H underscore 54 at yahoo.com.
[56:50.200 --> 56:51.200]  Okay.
[56:51.200 --> 56:58.200]  L-U-R-C-H underscore the number five, the number four at yahoo.com.
[56:58.200 --> 57:00.200]  Is that correct?
[57:00.200 --> 57:02.200]  Uh-huh.
[57:02.200 --> 57:12.200]  Okay. All right, folks, if you can help Robert out a little bit more or give him someone to talk to, then please feel free to contact him at that email address. Anything else, Robert?
[57:12.200 --> 57:21.200]  Oh, that's it. I just really appreciate an opportunity to talk with all of you, and now that I know that you're there, I'll be listening very copiously from now on. Thank you.
[57:21.200 --> 57:27.200]  Yeah, and Robert, we do have archives, so you can download the archives at ruleoflawradio.com.
[57:27.200 --> 57:29.200]  Okay, thank you.
[57:29.200 --> 57:31.200]  Now, what were you going to say, Randy?
[57:31.200 --> 57:32.200]  All of you.
[57:32.200 --> 57:41.200]  Well, I was going to suggest that everybody who's been sending me all that junk mail, send it to Robert.
[57:41.200 --> 57:42.200]  Oh, yeah.
[57:42.200 --> 57:52.200]  Yeah, also, before we do go to break here in less than a minute, Randy, you want to update folks on your contact number for remedies in real estate?
[57:52.200 --> 58:05.200]  Yes. I tried to get a new number today. My Skype account got hacked, and I can't get Skype to respond to and fix it, so that number is trapped inside Skype.
[58:05.200 --> 58:18.200]  I tried to get a new one today, but the Skype account page was down, so I couldn't do it, so tomorrow I'll have a new number, and I'll try to get up a new PSA.
[58:18.200 --> 58:27.200]  All right, folks, we're about to go to break. This is rule of law radio. The call-in number is 512-646-1984.
[58:27.200 --> 58:36.200]  Daniel, Norman, Jason, Jim, we see you on the board. Please hang in there with us. We'll pick you up on the other side of the break. We'll be right back, folks.
[58:57.200 --> 59:08.200]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[59:08.200 --> 59:16.200]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture.
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[59:53.200 --> 01:00:00.200]  or by ordering online at freestudybible.com. That's freestudybible.com.
[01:00:00.200 --> 01:00:08.200]  This news brief brought to you by the International Newsnet.
[01:00:31.200 --> 01:00:42.200]  In Wisconsin Wednesday, State Senator Dave Hanson easily defeated Republican David Vander Leest in a recall election.
[01:00:42.200 --> 01:00:54.200]  Democrats took this as a good sign for the eight remaining recall elections spurred by a revolt against Republican Governor Scott Walker and the anti-union legislation he pushed through his legislature early this year.
[01:00:54.200 --> 01:01:04.200]  In August, six Republicans and two more Democrats faced recalls. If Democrats pick up a net of three seats, they'll take over the State Senate.
[01:01:04.200 --> 01:01:12.200]  The State of Georgia will execute Andrew Grant de Jong Thursday in the nation's first videotaped execution in two decades.
[01:01:12.200 --> 01:01:31.200]  The young's attorneys argued the State's use of pentobarbital violated the constitutional ban on cruel and unusual punishment and argument courts have rejected the execution will be videotaped at the behest of another death row inmate as part of his challenge to the State's execution procedure.
[01:01:31.200 --> 01:01:41.200]  A government audit said Wednesday U.S. aid money could be inadvertently bankrolling insurgency in Afghanistan because the U.S. is unable to track the funds.
[01:01:41.200 --> 01:01:57.200]  A report by the Special Inspector General for Afghanistan Reconstruction said the effect of massive U.S. funding more than $70 billion since 2002 was jeopardized by a lack of financial controls as well as reluctance by Afghan authorities to prosecute corruption cases.
[01:01:57.200 --> 01:02:06.200]  A scare over irradiated Japanese beef deepened Thursday with the number of contaminated cattle thought to have been shipped rising to nearly 1,500.
[01:02:06.200 --> 01:02:14.200]  Beef cattle in nine prefectures are thought to have been fed straw contaminated with radioactive cesium before being sent for slaughter.
[01:02:14.200 --> 01:02:27.200]  Local authorities said straw feed showed radioactive cesium readings 43 times the government limit. The animals were shipped to 45 of Japan's 47 prefectures and some of the meat has already been consumed.
[01:02:27.200 --> 01:02:36.200]  The contamination surfaced earlier this month when the elevated levels of radioactive cesium were found in beef from a farm near the Fukushima nuclear plant.
[01:02:36.200 --> 01:02:52.200]  On Tuesday the government banned shipments of Fukushima beef four months after the meltdowns at the nuclear plant. The government has faced repeated accusations of negligence for its failure to establish centralized testing of farm produce and for having lifted earlier bans.
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[01:15:36.200 --> 01:15:41.200]  Hello, I really appreciate your time and thanks for your work on 90.1.
[01:15:41.200 --> 01:15:46.200]  Broadcasting down here, really, really appreciated.
[01:15:46.200 --> 01:15:50.200]  Well, we're doing our best. I mean, the fight is far, far from over.
[01:15:50.200 --> 01:15:55.200]  I mean, we just won a major battle, but like I said, the fight is far from over.
[01:15:55.200 --> 01:15:58.200]  These forfeitures, it's more than about the 10 grand.
[01:15:58.200 --> 01:16:03.200]  The merits of the case have not been addressed yet, and that's why we're taking it up to the appeal.
[01:16:03.200 --> 01:16:07.200]  So we still need everyone's prayer and support.
[01:16:07.200 --> 01:16:09.200]  That's right, and I'll give that to you.
[01:16:09.200 --> 01:16:10.200]  Thanks for your time, guys.
[01:16:10.200 --> 01:16:11.200]  All right, thank you, Daniel.
[01:16:11.200 --> 01:16:12.200]  Bye-bye.
[01:16:12.200 --> 01:16:14.200]  Okay, bye.
[01:16:14.200 --> 01:16:17.200]  Okay, we're just about to go to break.
[01:16:17.200 --> 01:16:22.200]  Yes, and folks, listeners to 90.1, I can't say any specifics,
[01:16:22.200 --> 01:16:28.200]  but however, I can say this, in light of the recent victory,
[01:16:28.200 --> 01:16:33.200]  the board of directors of 90.1 have a big surprise for everyone
[01:16:33.200 --> 01:16:37.200]  that's listening probably in about two weeks,
[01:16:37.200 --> 01:16:42.200]  and that's all I can say, but you'll know what it is when it happens.
[01:16:42.200 --> 01:16:45.200]  So that's something to look forward to,
[01:16:45.200 --> 01:16:50.200]  and also we are going to continue to take your calls.
[01:16:50.200 --> 01:16:53.200]  We've got Norman, Jason, Jim, and more.
[01:16:53.200 --> 01:16:57.200]  Call in 512-646-1984.
[01:16:57.200 --> 01:17:00.200]  We'll be right back.
[01:17:00.200 --> 01:17:03.200]  Capital Coin & Bullion is your local source for rare coins,
[01:17:03.200 --> 01:17:07.200]  precious metals, and coin supplies in the Austin Metro area.
[01:17:07.200 --> 01:17:09.200]  We also ship worldwide.
[01:17:09.200 --> 01:17:11.200]  We're a family-owned and operated business that offers
[01:17:11.200 --> 01:17:14.200]  competitive prices on your coin and metals purchases.
[01:17:14.200 --> 01:17:17.200]  Because of you, Austin, business has been so good
[01:17:17.200 --> 01:17:20.200]  that we've had to move to a new and bigger location.
[01:17:20.200 --> 01:17:24.200]  We're now located at 7304 Burnett Road, Suite A,
[01:17:24.200 --> 01:17:28.200]  1.2 miles north on Burnett from our previous location.
[01:17:28.200 --> 01:17:30.200]  We're on the west side of Burnett Road
[01:17:30.200 --> 01:17:33.200]  in the Stanley Insurance Building on the ground floor,
[01:17:33.200 --> 01:17:36.200]  next to the Ishibon Sushi and the Genie Car Wash.
[01:17:36.200 --> 01:17:39.200]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 5.
[01:17:39.200 --> 01:17:42.200]  You're welcome to stop in during regular business hours,
[01:17:42.200 --> 01:17:45.200]  or call 512-646-644-0.
[01:17:45.200 --> 01:17:47.200]  Ask for Chad or Becky,
[01:17:47.200 --> 01:17:49.200]  and say that you heard about us on Lulev Law Radio
[01:17:49.200 --> 01:17:51.200]  or Texas Liberty Radio.
[01:17:51.200 --> 01:17:54.200]  If you're a coin and bullion at our new location
[01:17:54.200 --> 01:17:56.200]  at 7304 Burnett Road, Suite A,
[01:17:56.200 --> 01:18:00.200]  or call 512-646-644-0.
[01:18:00.200 --> 01:18:02.200]  My name is Randall Kelton,
[01:18:02.200 --> 01:18:04.200]  and I co-host on Lulev Law Radio.
[01:18:04.200 --> 01:18:07.200]  We specialize in showing people how to strike back
[01:18:07.200 --> 01:18:09.200]  against corrupt public officials.
[01:18:09.200 --> 01:18:11.200]  With the mortgage crisis worsening,
[01:18:11.200 --> 01:18:14.200]  we set our sights on finding a remedy for people
[01:18:14.200 --> 01:18:16.200]  who have been cheated by their lenders.
[01:18:16.200 --> 01:18:18.200]  If you have a mortgage or have paid yours off,
[01:18:18.200 --> 01:18:21.200]  you have probably been cheated out of thousands.
[01:18:21.200 --> 01:18:22.200]  But there is a remedy.
[01:18:22.200 --> 01:18:25.200]  Go to remediesinrealestate.com
[01:18:25.200 --> 01:18:30.200]  or call me at 512-430-4140
[01:18:30.200 --> 01:18:33.200]  and find out how to use the consumer protection laws
[01:18:33.200 --> 01:18:35.200]  to recover what the lenders have stolen
[01:18:35.200 --> 01:18:37.200]  through fraud and deception.
[01:18:37.200 --> 01:18:40.200]  We will prepare for you a qualified written request
[01:18:40.200 --> 01:18:43.200]  that will expose the fraud and put the lenders on the dime.
[01:18:43.200 --> 01:18:46.200]  Lender fraud is bankrupting this country,
[01:18:46.200 --> 01:18:48.200]  and it's time to fight back.
[01:18:48.200 --> 01:18:55.200]  Go to remediesinrealestate.com or call 512-430-4140
[01:18:55.200 --> 01:18:57.200]  and get the information you need
[01:18:57.200 --> 01:19:00.200]  to stop the money changers in their tracks.
[01:19:00.200 --> 01:19:24.200]  Music playing
[01:19:24.200 --> 01:19:25.200]  All right, folks, we are back.
[01:19:25.200 --> 01:19:27.200]  We're taking your calls.
[01:19:27.200 --> 01:19:29.200]  We've got a full board of callers going here.
[01:19:29.200 --> 01:19:31.200]  We've got about seven people on the board,
[01:19:31.200 --> 01:19:33.200]  only three segments left,
[01:19:33.200 --> 01:19:36.200]  so we're going to try to make it two calls per segment.
[01:19:36.200 --> 01:19:38.200]  So, folks, let's try to keep things concise
[01:19:38.200 --> 01:19:41.200]  and moving along so we can get as many people in as possible.
[01:19:41.200 --> 01:19:44.200]  Norman from California, what is your question for us tonight?
[01:19:44.200 --> 01:19:47.200]  Hi, I'm not sure how knowledgeable you all are
[01:19:47.200 --> 01:19:49.200]  about the federal support system,
[01:19:49.200 --> 01:19:52.200]  but I have a civil action in the federal district court,
[01:19:52.200 --> 01:19:55.200]  and I recently applied for an entry of default
[01:19:55.200 --> 01:20:02.200]  under rule 55A of the federal rules of civil procedure,
[01:20:02.200 --> 01:20:06.200]  which I'm going to summarize in one sentence right here.
[01:20:06.200 --> 01:20:10.200]  It says, when a party...
[01:20:10.200 --> 01:20:12.200]  Okay, hold on.
[01:20:12.200 --> 01:20:15.200]  Was the default against you or against the other party?
[01:20:15.200 --> 01:20:17.200]  Against the defendant.
[01:20:17.200 --> 01:20:20.200]  Okay, did they not answer a pleading?
[01:20:20.200 --> 01:20:22.200]  Right.
[01:20:22.200 --> 01:20:26.200]  Okay, so you filed an original pleading and they didn't answer.
[01:20:26.200 --> 01:20:30.200]  How long has it been since their 20 days were up?
[01:20:30.200 --> 01:20:33.200]  Several weeks.
[01:20:33.200 --> 01:20:35.200]  Oh, good.
[01:20:35.200 --> 01:20:37.200]  Now, you have moved for default.
[01:20:37.200 --> 01:20:39.200]  Right.
[01:20:39.200 --> 01:20:41.200]  And you took that to the clerk of the court.
[01:20:41.200 --> 01:20:43.200]  Right.
[01:20:43.200 --> 01:20:45.200]  Did the clerk sign it?
[01:20:45.200 --> 01:20:49.200]  I saw them stamp it,
[01:20:49.200 --> 01:20:53.200]  and that rule 55A requires an affidavit,
[01:20:53.200 --> 01:20:55.200]  and I had that.
[01:20:55.200 --> 01:20:58.200]  Or otherwise, and I had a memorandum in support
[01:20:58.200 --> 01:21:01.200]  of my application for default.
[01:21:01.200 --> 01:21:05.200]  So I saw them stamp all three of those.
[01:21:05.200 --> 01:21:13.200]  The clerk has the authority to sign the default.
[01:21:13.200 --> 01:21:15.200]  Right.
[01:21:15.200 --> 01:21:17.200]  So now you have a default,
[01:21:17.200 --> 01:21:21.200]  and then you take it to the judge and request an order
[01:21:21.200 --> 01:21:24.200]  to enforce the default.
[01:21:24.200 --> 01:21:25.200]  Right.
[01:21:25.200 --> 01:21:30.200]  Keep in mind, okay, how did you serve the other party?
[01:21:30.200 --> 01:21:33.200]  By mail.
[01:21:33.200 --> 01:21:34.200]  Not sufficient.
[01:21:34.200 --> 01:21:35.200]  They're not served.
[01:21:35.200 --> 01:21:38.200]  That's why they didn't answer.
[01:21:38.200 --> 01:21:43.200]  They must hire a process server and have them personally served.
[01:21:43.200 --> 01:21:45.200]  Oh, yeah, they got a process server.
[01:21:45.200 --> 01:21:48.200]  You were talking about the pleading?
[01:21:48.200 --> 01:21:49.200]  Yes, the pleading.
[01:21:49.200 --> 01:21:50.200]  Oh, okay.
[01:21:50.200 --> 01:21:51.200]  Yeah, that was process server.
[01:21:51.200 --> 01:21:53.200]  I thought you meant my entry for this.
[01:21:53.200 --> 01:21:54.200]  Oh, good.
[01:21:54.200 --> 01:21:56.200]  So you have an affidavit from the process server
[01:21:56.200 --> 01:21:58.200]  showing that they were properly served.
[01:21:58.200 --> 01:21:59.200]  Oh, yes.
[01:21:59.200 --> 01:22:00.200]  Good.
[01:22:00.200 --> 01:22:01.200]  Yeah.
[01:22:01.200 --> 01:22:08.200]  Then understand that the courts don't like default judgments
[01:22:08.200 --> 01:22:09.200]  of this nature,
[01:22:09.200 --> 01:22:11.200]  but no answer defaults,
[01:22:11.200 --> 01:22:16.200]  because it doesn't give the other side opportunity to be heard.
[01:22:16.200 --> 01:22:17.200]  Right.
[01:22:17.200 --> 01:22:22.200]  And if the other side comes up with any kind of reason,
[01:22:22.200 --> 01:22:29.200]  most of the time the courts will grant the motion to overturn it
[01:22:29.200 --> 01:22:31.200]  to set aside the default.
[01:22:31.200 --> 01:22:32.200]  I understand.
[01:22:32.200 --> 01:22:34.200]  I'm pretty well versed in it.
[01:22:34.200 --> 01:22:35.200]  Oh, okay.
[01:22:35.200 --> 01:22:37.200]  So I'm talking to the gallery here.
[01:22:37.200 --> 01:22:41.200]  I guess I should shut up and let you ask a question.
[01:22:41.200 --> 01:22:46.200]  Well, I recently received mail from the clerk of the court,
[01:22:46.200 --> 01:22:51.200]  and she will rule 55 says,
[01:22:51.200 --> 01:22:57.200]  if I show by affidavit or otherwise that there was a failure
[01:22:57.200 --> 01:23:00.200]  to plead or otherwise defend,
[01:23:00.200 --> 01:23:03.200]  the clerk must enter the party's default.
[01:23:03.200 --> 01:23:10.200]  Instead, I get a letter back that says that the clerk of the court
[01:23:10.200 --> 01:23:14.200]  has declined my request for an entry of default,
[01:23:14.200 --> 01:23:17.200]  and I don't see that in the rule.
[01:23:17.200 --> 01:23:21.200]  So the way I see it, everybody has a role here.
[01:23:21.200 --> 01:23:23.200]  My role was to do the affidavit
[01:23:23.200 --> 01:23:28.200]  and show that the defendants did not answer the pleading.
[01:23:28.200 --> 01:23:32.200]  Then the clerk of the court must enter the default.
[01:23:32.200 --> 01:23:34.200]  Then the defendants, if they choose,
[01:23:34.200 --> 01:23:38.200]  may move the court to take the default entry,
[01:23:38.200 --> 01:23:40.200]  and then the court can rule on it.
[01:23:40.200 --> 01:23:44.200]  Has the defendants done anything to address the court at all in this matter?
[01:23:44.200 --> 01:23:47.200]  Yeah, they've done things, but it's been many, many months.
[01:23:47.200 --> 01:23:51.200]  That's why the clerk's not going to give it.
[01:23:51.200 --> 01:23:56.200]  Generally, what Randy's saying is right.
[01:23:56.200 --> 01:23:59.200]  Even if it's many months late or whatever,
[01:23:59.200 --> 01:24:02.200]  if the defendant does anything at all,
[01:24:02.200 --> 01:24:06.200]  if the defendant makes a peep no matter how lame or how late
[01:24:06.200 --> 01:24:08.200]  that they intend to answer the suit,
[01:24:08.200 --> 01:24:10.200]  they're not going to give you default judgment.
[01:24:10.200 --> 01:24:12.200]  They're just not going to do that.
[01:24:12.200 --> 01:24:14.200]  So what do you all suggest, ma'am?
[01:24:14.200 --> 01:24:18.200]  I suggest, do you listen to our show a lot?
[01:24:18.200 --> 01:24:19.200]  Oh, yeah.
[01:24:19.200 --> 01:24:22.200]  Okay, then this won't surprise you.
[01:24:22.200 --> 01:24:27.200]  Are you familiar with 18 U.S. Code 242?
[01:24:27.200 --> 01:24:30.200]  Yes, that's a color of law, if I remember right.
[01:24:30.200 --> 01:24:34.200]  Yeah, for public official acting under the color of his authority.
[01:24:34.200 --> 01:24:35.200]  Okay.
[01:24:35.200 --> 01:24:37.200]  Fails to perform a duty he's required to perform
[01:24:37.200 --> 01:24:42.200]  and in the process denies a citizen's phone free access to or enjoyment of rights.
[01:24:42.200 --> 01:24:46.200]  Well, that's a class A misdemeanor.
[01:24:46.200 --> 01:24:48.200]  Okay.
[01:24:48.200 --> 01:24:51.200]  File criminal charges against the clerk.
[01:24:51.200 --> 01:24:52.200]  You can do that.
[01:24:52.200 --> 01:24:55.200]  And as far as your case is concerned,
[01:24:55.200 --> 01:24:59.200]  something similar happened to me filing suit
[01:24:59.200 --> 01:25:02.200]  against a credit card company using the Mike Mirris method.
[01:25:02.200 --> 01:25:04.200]  They didn't answer in time.
[01:25:04.200 --> 01:25:05.200]  They were late.
[01:25:05.200 --> 01:25:07.200]  I moved for default.
[01:25:07.200 --> 01:25:11.200]  They answered shortly after I moved for default.
[01:25:11.200 --> 01:25:16.200]  Judge denied motion for default because they answered.
[01:25:16.200 --> 01:25:21.200]  And so, yeah, I could technically try to raise a big stink about it,
[01:25:21.200 --> 01:25:23.200]  but I'm not going to do that.
[01:25:23.200 --> 01:25:25.200]  I just want to get through the case.
[01:25:25.200 --> 01:25:27.200]  Like Rainey said, they're just not going to give it to you.
[01:25:27.200 --> 01:25:29.200]  So at this point, as far as the case is concerned,
[01:25:29.200 --> 01:25:32.200]  the best thing to do is respond to their answer.
[01:25:32.200 --> 01:25:37.200]  If they filed a motion to dismiss, then you file a response to that motion.
[01:25:37.200 --> 01:25:43.200]  If they filed an answer, then you file a reply to that answer.
[01:25:43.200 --> 01:25:48.200]  Either respond to a motion if it's a motion to dismiss or answer there
[01:25:48.200 --> 01:25:52.200]  or file a reply to their answer and just get on with the case
[01:25:52.200 --> 01:25:56.200]  and start hitting them with discovery and just move on.
[01:25:56.200 --> 01:25:58.200]  That's what I'm trying to get to.
[01:25:58.200 --> 01:26:03.200]  I haven't gotten the courts to rule any of dozens of motions.
[01:26:03.200 --> 01:26:08.200]  Make sure that you have in your exception to the court's ruling
[01:26:08.200 --> 01:26:11.200]  so you preserve the issue for appeal
[01:26:11.200 --> 01:26:16.200]  and ask the court for findings of acting conclusions at law on his ruling.
[01:26:16.200 --> 01:26:18.200]  He may or may not give it to you,
[01:26:18.200 --> 01:26:21.200]  but you need to do that to perfect your appeal
[01:26:21.200 --> 01:26:23.200]  and all you're doing is telling them,
[01:26:23.200 --> 01:26:25.200]  that's okay.
[01:26:25.200 --> 01:26:29.200]  I understand all I'm doing is setting the record for appeals.
[01:26:29.200 --> 01:26:31.200]  All right.
[01:26:31.200 --> 01:26:39.200]  So I was thinking of moving the court to vacate the clerk of court's
[01:26:39.200 --> 01:26:42.200]  declination of this entry because...
[01:26:42.200 --> 01:26:44.200]  No, no, you wouldn't move to vacate.
[01:26:44.200 --> 01:26:50.200]  You'd move the court for a motion to compel.
[01:26:50.200 --> 01:26:54.200]  Yeah, and start hitting them with discovery.
[01:26:54.200 --> 01:26:57.200]  Well, they haven't answered the complaint yet.
[01:26:57.200 --> 01:26:59.200]  Well, what did they file?
[01:26:59.200 --> 01:27:01.200]  It's kind of funny.
[01:27:01.200 --> 01:27:05.200]  They removed court from the state court.
[01:27:05.200 --> 01:27:07.200]  I amended my complaint to take...
[01:27:07.200 --> 01:27:09.200]  They filed a removal to federal court.
[01:27:09.200 --> 01:27:11.200]  That was their answer?
[01:27:11.200 --> 01:27:12.200]  No, that was just...
[01:27:12.200 --> 01:27:13.200]  No, that's not...
[01:27:13.200 --> 01:27:17.200]  A removal to federal court does not stand as an answer.
[01:27:17.200 --> 01:27:20.200]  Well, what did they file? I'm trying to find out if they filed a motion to dismiss
[01:27:20.200 --> 01:27:21.200]  or what did they file?
[01:27:21.200 --> 01:27:23.200]  Well, I moved to remand.
[01:27:23.200 --> 01:27:25.200]  I challenged the jurisdiction.
[01:27:25.200 --> 01:27:26.200]  Wait, wait, wait, wait. Back up.
[01:27:26.200 --> 01:27:27.200]  You're moving ahead of me.
[01:27:27.200 --> 01:27:31.200]  What did they file in answer to your suit?
[01:27:31.200 --> 01:27:34.200]  They filed, I'm just trying to give you a couple of motions there,
[01:27:34.200 --> 01:27:38.200]  but they filed a Rule 12B1,
[01:27:38.200 --> 01:27:42.200]  lack of subject matter jurisdiction of the federal court
[01:27:42.200 --> 01:27:45.200]  to which they had removed the case.
[01:27:45.200 --> 01:27:47.200]  Okay, look at...
[01:27:47.200 --> 01:27:51.200]  If you can pull down on the annotated statutes on...
[01:27:51.200 --> 01:27:54.200]  I forget which one, removal.
[01:27:54.200 --> 01:28:00.200]  In the citations, it's very clear
[01:28:00.200 --> 01:28:03.200]  that if you remove to the federal court
[01:28:03.200 --> 01:28:07.200]  for the purpose of petitioning to dismiss,
[01:28:07.200 --> 01:28:09.200]  that is a frivolous pleading.
[01:28:09.200 --> 01:28:13.200]  So you need to go after these guys for sanctions.
[01:28:13.200 --> 01:28:15.200]  Been there, done that.
[01:28:15.200 --> 01:28:19.200]  Rule 11, my favorite rule.
[01:28:19.200 --> 01:28:20.200]  But again...
[01:28:20.200 --> 01:28:22.200]  Okay, so this case is in federal court right now?
[01:28:22.200 --> 01:28:24.200]  Right.
[01:28:24.200 --> 01:28:25.200]  Okay.
[01:28:25.200 --> 01:28:29.200]  I moved to remand for lack of subject matter jurisdiction,
[01:28:29.200 --> 01:28:32.200]  then the defendant immediately thereafter said,
[01:28:32.200 --> 01:28:35.200]  well, the court doesn't have subject matter jurisdiction.
[01:28:35.200 --> 01:28:38.200]  So, yeah, it's pretty funny.
[01:28:38.200 --> 01:28:43.200]  If the court doesn't have subject matter jurisdiction to hear the case,
[01:28:43.200 --> 01:28:46.200]  the court must remand.
[01:28:46.200 --> 01:28:47.200]  Yeah.
[01:28:47.200 --> 01:28:49.200]  And the court won't do anything.
[01:28:49.200 --> 01:28:53.200]  There's one thing about their motion...
[01:28:53.200 --> 01:28:58.200]  How long has the court been sitting on it?
[01:28:58.200 --> 01:29:00.200]  Six months.
[01:29:00.200 --> 01:29:04.200]  Filing judicial conduct complaint against the judge.
[01:29:04.200 --> 01:29:06.200]  That's what I was thinking.
[01:29:06.200 --> 01:29:09.200]  Okay, listen, Norman, we're coming to the end of this segment,
[01:29:09.200 --> 01:29:13.200]  and we have literally, we've got seven other callers on the board,
[01:29:13.200 --> 01:29:16.200]  but tomorrow night is our four-hour info marathon.
[01:29:16.200 --> 01:29:18.200]  Can you please call in tomorrow night?
[01:29:18.200 --> 01:29:20.200]  We can spend more time with you.
[01:29:20.200 --> 01:29:22.200]  Well, I think you did me just fine here.
[01:29:22.200 --> 01:29:23.200]  Thank you.
[01:29:23.200 --> 01:29:24.200]  Okay, all right.
[01:29:24.200 --> 01:29:27.200]  Call in any way because I want to pick your brain.
[01:29:27.200 --> 01:29:29.200]  Oh, okay.
[01:29:29.200 --> 01:29:32.200]  Maybe I'll send you a random in support, Randy.
[01:29:32.200 --> 01:29:34.200]  Okay, thank you.
[01:29:34.200 --> 01:29:35.200]  Thanks, Norman.
[01:29:35.200 --> 01:29:36.200]  Thank you.
[01:29:36.200 --> 01:29:37.200]  Have a good night.
[01:29:37.200 --> 01:29:38.200]  Okay, you too.
[01:29:38.200 --> 01:29:40.200]  All right, we've got a lot of first-time callers on the board here.
[01:29:40.200 --> 01:29:44.200]  So, folks, we're going to take the calls a little bit out of order here.
[01:29:44.200 --> 01:29:49.200]  We've got Kim, Joey, and John, our first-time callers.
[01:29:49.200 --> 01:29:52.200]  Y'all are up next in that order.
[01:29:52.200 --> 01:29:58.200]  The rest, Jason, Jim, hang on the line.
[01:29:58.200 --> 01:29:59.200]  We'll be right back.
[01:29:59.200 --> 01:30:03.200]  Top 10 reasons to question the official story of the Oklahoma City bombing.
[01:30:03.200 --> 01:30:05.200]  Number nine, the extra leg.
[01:30:05.200 --> 01:30:08.200]  Former Oklahoma State medical examiner Dr. Fred Jordan had stated,
[01:30:08.200 --> 01:30:12.200]  we had eight people with amputated left legs and nine left legs to account for.
[01:30:12.200 --> 01:30:15.200]  Chief pathologist for Northern Ireland, T.K. Marshall,
[01:30:15.200 --> 01:30:18.200]  who performed over 2,500 autopsies in his time,
[01:30:18.200 --> 01:30:20.200]  stated there's never been an unknown victim.
[01:30:20.200 --> 01:30:23.200]  This leg belongs to a perpetrator close enough to the bomb
[01:30:23.200 --> 01:30:26.200]  or his body to be damaged, leaving only a left leg behind.
[01:30:26.200 --> 01:30:27.200]  Who was this person?
[01:30:27.200 --> 01:30:30.200]  Please go to okcbombingtruth.com.
[01:30:30.200 --> 01:30:34.200]  Would you give up your ability to have children
[01:30:34.200 --> 01:30:36.200]  in exchange for a chance to win a blender?
[01:30:36.200 --> 01:30:37.200]  How about a TV?
[01:30:37.200 --> 01:30:38.200]  No?
[01:30:38.200 --> 01:30:39.200]  Can I tempt you with a car?
[01:30:39.200 --> 01:30:41.200]  I'm Dr. Catherine Albrecht,
[01:30:41.200 --> 01:30:43.200]  and I'll be back in just a moment with details
[01:30:43.200 --> 01:30:45.200]  on a bizarre birth control boondoggle.
[01:30:45.200 --> 01:30:47.200]  Privacy is under attack.
[01:30:47.200 --> 01:30:51.200]  When you give up data about yourself, you'll never get it back again.
[01:30:51.200 --> 01:30:53.200]  And once your privacy is gone,
[01:30:53.200 --> 01:30:56.200]  you'll find your freedoms will start to vanish too.
[01:30:56.200 --> 01:30:57.200]  So protect your rights.
[01:30:57.200 --> 01:31:01.200]  Say no to surveillance and keep your information to yourself.
[01:31:01.200 --> 01:31:04.200]  Privacy, it's worth hanging on to.
[01:31:04.200 --> 01:31:07.200]  This public service announcement is brought to you by StartPage.com,
[01:31:07.200 --> 01:31:11.200]  the private search engine alternative to Google, Yahoo, and Bing.
[01:31:11.200 --> 01:31:14.200]  Start over with StartPage.
[01:31:14.200 --> 01:31:18.200]  Remember all the fairy tales where someone gives up their firstborn child
[01:31:18.200 --> 01:31:20.200]  for something foolish like a cabbage?
[01:31:20.200 --> 01:31:24.200]  Well, in at least one state in India, couples can now do likewise.
[01:31:24.200 --> 01:31:26.200]  As part of a plan to reduce birth rates,
[01:31:26.200 --> 01:31:29.200]  the government is hoping couples will give up all future children
[01:31:29.200 --> 01:31:34.200]  for a chance to win prizes, like a car, a TV, or a blender.
[01:31:34.200 --> 01:31:38.200]  The program gives couples a lottery ticket in exchange for surgical sterilization
[01:31:38.200 --> 01:31:41.200]  and hopes to attract 30,000 couples.
[01:31:41.200 --> 01:31:44.200]  You'd think for all that it would be a great set of wheels,
[01:31:44.200 --> 01:31:48.200]  but alas, the first prize is the Tata Nano, the world's cheapest car.
[01:31:48.200 --> 01:31:51.200]  I'm guessing the blender is even worse.
[01:31:51.200 --> 01:31:52.200]  I'm Dr. Catherine Albrecht.
[01:31:52.200 --> 01:31:56.200]  More news and information at CatherineAlbrecht.com.
[01:32:22.200 --> 01:32:40.200]  Okay, we're back. Randy, you had a correction you wanted to make?
[01:32:40.200 --> 01:32:46.200]  Yes, it was in my mind, but we moved along too quick, I didn't get to say it.
[01:32:46.200 --> 01:32:52.200]  If they filed a motion to remove and then they filed a Rule 12 motion to dismiss,
[01:32:52.200 --> 01:32:56.200]  a Rule 12 motion to dismiss is considered an answer.
[01:32:56.200 --> 01:32:58.200]  Yes, it's considered an answer.
[01:32:58.200 --> 01:33:00.200]  Well, it's not exactly.
[01:33:00.200 --> 01:33:02.200]  It's considered an appearance.
[01:33:02.200 --> 01:33:09.200]  It's an appearance that delays the requirement to file an answer.
[01:33:09.200 --> 01:33:14.200]  So that will stop your default judgment.
[01:33:14.200 --> 01:33:16.200]  Yes, that will stop the default judgment.
[01:33:16.200 --> 01:33:17.200]  That is an appearance.
[01:33:17.200 --> 01:33:20.200]  If they made an appearance, you can't get a default judgment.
[01:33:20.200 --> 01:33:22.200]  That's all there is to it.
[01:33:22.200 --> 01:33:25.200]  And here's the other thing I was going to say on this matter.
[01:33:25.200 --> 01:33:27.200]  Start with the business of discovery.
[01:33:27.200 --> 01:33:32.200]  Don't wait for the outcome of the motion to remand.
[01:33:32.200 --> 01:33:35.200]  Don't wait for the outcome of the judicial conduct complaint.
[01:33:35.200 --> 01:33:39.200]  Don't wait for the outcome of criminal charges against the state clerk
[01:33:39.200 --> 01:33:42.200]  or whatever or the federal clerk or whatever else.
[01:33:42.200 --> 01:33:44.200]  Get on with the business of discovery,
[01:33:44.200 --> 01:33:47.200]  because that's how you're going to win the case ultimately anyway.
[01:33:47.200 --> 01:33:50.200]  And generally, you have to look at the local rules.
[01:33:50.200 --> 01:33:54.200]  But I know the way it is in western district of Texas.
[01:33:54.200 --> 01:33:58.200]  Within 60 days of the defendant's appearance,
[01:33:58.200 --> 01:34:05.200]  the plaintiff is responsible for filing a proposed scheduling order with the court.
[01:34:05.200 --> 01:34:09.200]  And actually each judge has their own form for that.
[01:34:09.200 --> 01:34:15.200]  And that proposed scheduling order needs to be agreed upon by both parties.
[01:34:15.200 --> 01:34:19.200]  If it's not agreed upon by both parties, you need to submit a memorandum Y.
[01:34:19.200 --> 01:34:23.200]  So you need to look at the timetable and look at the local rules of your court
[01:34:23.200 --> 01:34:27.200]  concerning when that proposed scheduling order is due, if there is one due,
[01:34:27.200 --> 01:34:33.200]  or if and when there is a proposed discovery plan.
[01:34:33.200 --> 01:34:35.200]  Hit them with a discovery plan.
[01:34:35.200 --> 01:34:39.200]  Immediately write up your proposed scheduling order.
[01:34:39.200 --> 01:34:41.200]  There's usually a form for it on the court website.
[01:34:41.200 --> 01:34:46.200]  Write up your proposed discovery plan and send it to the other party.
[01:34:46.200 --> 01:34:51.200]  That shows that you've made good faith effort to make an agreement with them
[01:34:51.200 --> 01:34:55.200]  concerning the scheduling order of the case and the discovery plan.
[01:34:55.200 --> 01:34:59.200]  If they won't respond, then you go ahead and file it with the court anyway
[01:34:59.200 --> 01:35:02.200]  by the deadline and with a memorandum saying,
[01:35:02.200 --> 01:35:06.200]  in good faith, I submitted, you send it certified mail so you have proof.
[01:35:06.200 --> 01:35:09.200]  They won't negotiate with me, they won't respond to me,
[01:35:09.200 --> 01:35:12.200]  or they won't agree with me about the scheduling plan or whatever.
[01:35:12.200 --> 01:35:16.200]  While you're doing these other things that Randy's suggesting,
[01:35:16.200 --> 01:35:18.200]  get on with the business of discovery.
[01:35:18.200 --> 01:35:22.200]  And you don't have to wait until the proposed scheduling order is filed
[01:35:22.200 --> 01:35:25.200]  in order to start hitting them with your discovery questions.
[01:35:25.200 --> 01:35:29.200]  Send it to them anyway because that's where the case is won.
[01:35:29.200 --> 01:35:33.200]  Especially when concerning credit card issues like with the Mike Mira stuff.
[01:35:33.200 --> 01:35:37.200]  Once they see those interrogatories and requests for production,
[01:35:37.200 --> 01:35:40.200]  that's when they always come to the table.
[01:35:40.200 --> 01:35:46.200]  Now the time, the clock for the 30 days of when they have to respond within 30 days,
[01:35:46.200 --> 01:35:50.200]  the clock doesn't start ticking until the proposed discovery plan is filed
[01:35:50.200 --> 01:35:55.200]  and agreed upon so you're given them extra time to look at the question.
[01:35:55.200 --> 01:36:00.200]  But the point is they see all these interrogatories and all these requests
[01:36:00.200 --> 01:36:03.200]  for productions and admissions that they're being hit with
[01:36:03.200 --> 01:36:08.200]  and they might change their tune about coming to the table for settlement agreement.
[01:36:08.200 --> 01:36:13.200]  So I say get on with the business of discovery while you're doing these other things.
[01:36:13.200 --> 01:36:15.200]  Get on with the case.
[01:36:15.200 --> 01:36:17.200]  All right, now let's continue on.
[01:36:17.200 --> 01:36:20.200]  We're going now to Kim in Texas.
[01:36:20.200 --> 01:36:21.200]  First time caller.
[01:36:21.200 --> 01:36:22.200]  Kim, thank you for calling.
[01:36:22.200 --> 01:36:23.200]  What is your question for us tonight?
[01:36:23.200 --> 01:36:26.200]  Well, I have a traffic question.
[01:36:26.200 --> 01:36:28.200]  Okay, that's Eddie's department.
[01:36:28.200 --> 01:36:29.200]  Go ahead, Kim.
[01:36:29.200 --> 01:36:38.200]  Okay, so I was run off the road on a country lane in the county next to where I live, Texas.
[01:36:38.200 --> 01:36:41.200]  Can I say where it was?
[01:36:41.200 --> 01:36:43.200]  Sure, go ahead.
[01:36:43.200 --> 01:36:46.200]  Okay, I live in Hayes County.
[01:36:46.200 --> 01:36:52.200]  It's catching up with Williamson County pretty quick in reputation, I must tell you.
[01:36:52.200 --> 01:36:56.200]  For those who don't know, that's Houston area.
[01:36:56.200 --> 01:37:00.200]  No, that's just outside of Austin.
[01:37:00.200 --> 01:37:02.200]  Hayes, not Harris.
[01:37:02.200 --> 01:37:03.200]  Oh, okay.
[01:37:03.200 --> 01:37:04.200]  I'm sorry.
[01:37:04.200 --> 01:37:05.200]  Oops.
[01:37:05.200 --> 01:37:06.200]  Okay.
[01:37:06.200 --> 01:37:07.200]  It's outside of Austin.
[01:37:07.200 --> 01:37:09.200]  Hayes County is San Marcos, Randy.
[01:37:09.200 --> 01:37:11.200]  Yep, Enduropean Springs.
[01:37:11.200 --> 01:37:12.200]  That's right.
[01:37:12.200 --> 01:37:13.200]  I knew that.
[01:37:13.200 --> 01:37:14.200]  They hate me down there.
[01:37:14.200 --> 01:37:15.200]  Okay.
[01:37:15.200 --> 01:37:16.200]  All right, go ahead, Kim.
[01:37:16.200 --> 01:37:20.200]  It's part of a new growth corridor for Austin basically in the hill country.
[01:37:20.200 --> 01:37:27.200]  But I was run off the road by a half hazard driver on a road that is also known as a man's
[01:37:27.200 --> 01:37:29.200]  curve around 10 o'clock at night.
[01:37:29.200 --> 01:37:34.200]  I either had the choice to go head on with him right at the crux of the curve or veer
[01:37:34.200 --> 01:37:41.200]  off into a ditch and hit an oak tree, which is what I did to save both of our lives.
[01:37:41.200 --> 01:37:47.200]  The neighbors called the cops at the time my license had just expired a few months earlier
[01:37:47.200 --> 01:37:50.200]  and I hadn't been diligent about reapplying for it.
[01:37:50.200 --> 01:37:52.200]  I didn't have any outstanding tickets or anything.
[01:37:52.200 --> 01:37:54.200]  I just hadn't gotten around to it.
[01:37:54.200 --> 01:38:00.200]  Well, a little to my knowledge, I find out two years later on June 17th, the accident
[01:38:00.200 --> 01:38:06.200]  was on May the 31st, the end of May 2009.
[01:38:06.200 --> 01:38:13.200]  I find out this June, the day that it happened, that courts have revoked my driving license
[01:38:13.200 --> 01:38:16.200]  for one full year.
[01:38:16.200 --> 01:38:19.200]  I was not notified by mail or any type.
[01:38:19.200 --> 01:38:22.200]  I wasn't even given a ticket at the time of the accident.
[01:38:22.200 --> 01:38:25.200]  I'm wondering if that's legal.
[01:38:25.200 --> 01:38:27.200]  Who said that it was revoked?
[01:38:27.200 --> 01:38:29.200]  Where did you get that information?
[01:38:29.200 --> 01:38:32.200]  DPS, the DPS office.
[01:38:32.200 --> 01:38:36.200]  I called them and I was inquiring because I do have some tickets now and they said,
[01:38:36.200 --> 01:38:37.200]  well, it doesn't matter.
[01:38:37.200 --> 01:38:39.200]  Your license has been revoked.
[01:38:39.200 --> 01:38:40.200]  I said, for what?
[01:38:40.200 --> 01:38:44.200]  He said, because you were driving without a license that are involved in a collision.
[01:38:44.200 --> 01:38:46.200]  I said, I didn't hit anybody.
[01:38:46.200 --> 01:38:47.200]  This doesn't matter.
[01:38:47.200 --> 01:38:50.200]  He said you had two years to come before us with a hearing.
[01:38:50.200 --> 01:38:55.200]  I said I was never notified.
[01:38:55.200 --> 01:38:56.200]  Okay.
[01:38:56.200 --> 01:39:03.200]  The only way the DPS can do this is, one, some court had to notify them that there was
[01:39:03.200 --> 01:39:05.200]  something outstanding on you.
[01:39:05.200 --> 01:39:06.200]  Okay.
[01:39:06.200 --> 01:39:12.200]  And that you had failed to do what you agreed to do, which is appear.
[01:39:12.200 --> 01:39:19.200]  If you were not issued a citation at the time of the accident, that obviously didn't occur.
[01:39:19.200 --> 01:39:21.200]  Not to my knowledge.
[01:39:21.200 --> 01:39:27.200]  He did look at my driver's license, but I don't recall him ever giving me a ticket.
[01:39:27.200 --> 01:39:30.200]  So I don't know what happened.
[01:39:30.200 --> 01:39:31.200]  I really don't.
[01:39:31.200 --> 01:39:35.200]  The first thing you need to do is get information from the DPS over what court
[01:39:35.200 --> 01:39:41.200]  allegedly notified you that this was an outstanding issue and to suspend my license.
[01:39:41.200 --> 01:39:43.200]  Get that information first.
[01:39:43.200 --> 01:39:44.200]  Okay.
[01:39:44.200 --> 01:39:50.200]  If they say that they issued me a ticket, then what do I do?
[01:39:50.200 --> 01:39:56.200]  Then you ask them to provide what proof there is that you were given a copy of that ticket
[01:39:56.200 --> 01:40:02.200]  and notified because the law requires them to provide you with a copy of the citation.
[01:40:02.200 --> 01:40:07.200]  If they didn't do that, then they can't claim you were noticed.
[01:40:07.200 --> 01:40:08.200]  Okay.
[01:40:08.200 --> 01:40:14.200]  In the uneventful possibility, because I did receive a head injury, I signed a ticket,
[01:40:14.200 --> 01:40:20.200]  but don't remember getting it, then what are my alternatives?
[01:40:20.200 --> 01:40:25.200]  Well, that's a medical reason for not having any recollection of having an issue.
[01:40:25.200 --> 01:40:27.200]  You didn't sign it.
[01:40:27.200 --> 01:40:29.200]  Not to my knowledge.
[01:40:29.200 --> 01:40:34.200]  If you weren't actually coherent, you can't be bound by anything you sign.
[01:40:34.200 --> 01:40:36.200]  Okay.
[01:40:36.200 --> 01:40:39.200]  And then follow up from there.
[01:40:39.200 --> 01:40:45.200]  Yes, but you need that piece of information first because right now you don't know where to start your attack.
[01:40:45.200 --> 01:40:46.200]  Exactly.
[01:40:46.200 --> 01:40:50.200]  And trust me, when I tell you, you're going to have to attack.
[01:40:50.200 --> 01:40:51.200]  Okay.
[01:40:51.200 --> 01:40:57.200]  If they are able to overturn it, would that be how it might be possibly appropriate?
[01:40:57.200 --> 01:40:59.200]  What do you mean by overturn it?
[01:40:59.200 --> 01:41:02.200]  Who are we talking about and overturning what?
[01:41:02.200 --> 01:41:12.200]  Getting my ability to travel again or drive again and get my license reissued to me.
[01:41:12.200 --> 01:41:14.200]  Well, the license won't be issued.
[01:41:14.200 --> 01:41:16.200]  The suspension will be lifted.
[01:41:16.200 --> 01:41:17.200]  Okay.
[01:41:17.200 --> 01:41:24.200]  But again, until you know who caused it to be put on in the first place, you don't have anywhere to go.
[01:41:24.200 --> 01:41:25.200]  Okay.
[01:41:25.200 --> 01:41:31.200]  What has to happen here is once you know what court did this, you address that court directly
[01:41:31.200 --> 01:41:34.200]  and state by what authority did you do this?
[01:41:34.200 --> 01:41:40.200]  Provide me with all records indicating what citation was issued, if and when I was properly noticed
[01:41:40.200 --> 01:41:46.200]  of any information regarding that citation, when and where this alleged appearance was supposed
[01:41:46.200 --> 01:41:50.200]  to take place, and so on and so forth.
[01:41:50.200 --> 01:41:55.200]  If they can't provide you with any of that, then the next thing you're going to do is demand
[01:41:55.200 --> 01:42:02.200]  that that court rescind the recommendation and order to the DPS to suspend the license.
[01:42:02.200 --> 01:42:03.200]  Okay.
[01:42:03.200 --> 01:42:10.200]  At which point, if they fail to do that, you can sue the living crap out of all of them.
[01:42:10.200 --> 01:42:12.200]  Okay, sounds wonderful.
[01:42:12.200 --> 01:42:14.200]  Thank you very much.
[01:42:14.200 --> 01:42:15.200]  You've given me a bunch of information.
[01:42:15.200 --> 01:42:17.200]  I've written it all down, sir.
[01:42:17.200 --> 01:42:22.200]  All right, and Kim, Eddie does have his traffic seminar available on our website.
[01:42:22.200 --> 01:42:26.200]  Yeah, the real question here is why do you want a license in the first place?
[01:42:26.200 --> 01:42:30.200]  But I know you may not want to put up with the hassles of not having one, at least until
[01:42:30.200 --> 01:42:38.200]  we get things changed, but just an FYI, you don't actually need it.
[01:42:38.200 --> 01:42:43.200]  Well, I don't actually know how many people are fooling around in Austin without it, other
[01:42:43.200 --> 01:42:48.200]  than illegal aliens, and I don't want to say getting away with it, but enjoying their
[01:42:48.200 --> 01:42:55.200]  own personal privilege to travel without these issued state mandate papers.
[01:42:55.200 --> 01:42:57.200]  Me?
[01:42:57.200 --> 01:42:59.200]  Okay, you're one.
[01:42:59.200 --> 01:43:05.200]  No, I know actually of several people that have come to my seminars and that I know downtown.
[01:43:05.200 --> 01:43:08.200]  Another one is a gentleman by the name of Darrell.
[01:43:08.200 --> 01:43:12.200]  They're constantly writing him tickets, and so far with the information that I've helped
[01:43:12.200 --> 01:43:17.200]  him file and get in, he hasn't lost, and they've had him in court like four times on five
[01:43:17.200 --> 01:43:19.200]  or six different tickets each time.
[01:43:19.200 --> 01:43:21.200]  I will be attending your traffic court.
[01:43:21.200 --> 01:43:22.200]  Thank you for your time.
[01:43:22.200 --> 01:43:23.200]  Yes, ma'am.
[01:43:23.200 --> 01:43:25.200]  Just a quick comment.
[01:43:25.200 --> 01:43:31.200]  You've been prosecuted and found not guilty for the same offense three times.
[01:43:31.200 --> 01:43:33.200]  The same type of offense, though.
[01:43:33.200 --> 01:43:36.200]  Yeah, I don't think they can charge you with it again.
[01:43:36.200 --> 01:43:37.200]  Okay.
[01:43:37.200 --> 01:43:39.200]  Don't remember where that's at.
[01:43:39.200 --> 01:43:41.200]  That's pretty crucial information, Randy.
[01:43:41.200 --> 01:43:42.200]  You need to look that up.
[01:43:42.200 --> 01:43:45.200]  That's double jeopardy, Randy.
[01:43:45.200 --> 01:43:47.200]  Thanks, guys. Bye-bye.
[01:43:47.200 --> 01:43:48.200]  Thank you, Ken.
[01:43:48.200 --> 01:43:49.200]  Yes, ma'am.
[01:43:49.200 --> 01:43:51.200]  All right, when we get back, we're going to go to Joey and then John.
[01:43:51.200 --> 01:43:54.200]  We're going to do the best we can to get to everyone else.
[01:43:54.200 --> 01:43:58.200]  If we can't get to everyone tonight, tomorrow night is a four-hour info marathon.
[01:43:58.200 --> 01:44:00.200]  We'll be right back.
[01:44:00.200 --> 01:44:01.200]  Hey, did you hear?
[01:44:01.200 --> 01:44:03.200]  Ron Paul has announced he's running for president in 2012.
[01:44:03.200 --> 01:44:04.200]  Who's Ron Paul?
[01:44:04.200 --> 01:44:05.200]  Really?
[01:44:05.200 --> 01:44:07.200]  Okay, put down the cell phone for one minute.
[01:44:07.200 --> 01:44:10.200]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:44:10.200 --> 01:44:13.200]  Oh, but I'd love to make those little smiley faces with punctuation marks.
[01:44:13.200 --> 01:44:14.200]  Of course you do.
[01:44:14.200 --> 01:44:15.200]  Now, listen closely.
[01:44:15.200 --> 01:44:20.200]  You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[01:44:20.200 --> 01:44:22.200]  They have all of his books and many of the books he talks about.
[01:44:22.200 --> 01:44:27.200]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[01:44:27.200 --> 01:44:28.200]  Brave New Books?
[01:44:28.200 --> 01:44:30.200]  Do they have Harry Potter and Twilight?
[01:44:30.200 --> 01:44:36.200]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[01:44:36.200 --> 01:44:39.200]  That sounds like that show in the Discovery Channel.
[01:44:39.200 --> 01:44:46.200]  Yeah, there's even a wilderness survival expert that teaches classes called Earthskill School that you can sign up for on the website bravenewbookstore.com.
[01:44:46.200 --> 01:44:47.200]  What are you doing?
[01:44:47.200 --> 01:44:52.200]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person.
[01:44:52.200 --> 01:44:53.200]  Where's it located?
[01:44:53.200 --> 01:44:55.200]  1904 Guadalupe Street.
[01:44:55.200 --> 01:44:56.200]  There, it's sent.
[01:44:56.200 --> 01:44:57.200]  I even made a smiley face.
[01:44:57.200 --> 01:44:58.200]  Great.
[01:45:00.200 --> 01:45:03.200]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:58.200 --> 01:46:22.200]  6 Law Easy.
[01:46:22.200 --> 01:46:30.200]  Some things in this world I'll never understand. Some things I realize fully.
[01:46:30.200 --> 01:46:39.200]  Somebody's on a police, that police man. Somebody's on a police, police.
[01:46:39.200 --> 01:46:48.200]  There's always room at the top of the hill. I hear things are great fine and it's lonely left too.
[01:46:48.200 --> 01:46:55.200]  Alright folks, we're back. You're taking your calls.
[01:46:55.200 --> 01:47:01.200]  Last segment, we have a ton of calls on the board. We are going to try to get to as many people as possible.
[01:47:01.200 --> 01:47:08.200]  Again, if not, we've got the Friday 4-hour info marathon tonight, tomorrow night, but right now we're taking the first-time callers.
[01:47:08.200 --> 01:47:14.200]  Joey is up next, and then John. Joey, thank you for calling in. What is your question for us tonight?
[01:47:14.200 --> 01:47:21.200]  Yes, I've got a notice of public nuisance from the city here.
[01:47:21.200 --> 01:47:27.200]  I talked with Don, he was a genital 21, and he had talked to the lady on radio.
[01:47:27.200 --> 01:47:37.200]  I listened to it, and he was talking about that the ordinances are not law, and I'm having trouble finding that where I can show proof.
[01:47:37.200 --> 01:47:42.200]  I'm just wondering what else I may be able to do to get them off my back about this.
[01:47:42.200 --> 01:47:49.200]  You're going to have to sue them. The ordinance is not law because the Texas Constitution says it's not law.
[01:47:49.200 --> 01:47:51.200]  Well, he's in Alabama, remember?
[01:47:51.200 --> 01:47:52.200]  I'm in Alabama.
[01:47:52.200 --> 01:48:02.200]  Well, that's true. What you need to do is look in your Alabama Constitution for your enacting clause and the power of your legislature to create laws.
[01:48:02.200 --> 01:48:12.200]  The Texas Constitution says that every law must have an enacting clause. Every law must be introduced by Bill.
[01:48:12.200 --> 01:48:17.200]  Said Bill can only be introduced in either house of the legislature.
[01:48:17.200 --> 01:48:26.200]  Said Bill must be read on the floor of each house over three several days during its progression through each house.
[01:48:26.200 --> 01:48:31.200]  And said Bill must be presented to the governor to be signed into law.
[01:48:31.200 --> 01:48:36.200]  Those are the only things in Texas that are law.
[01:48:36.200 --> 01:48:42.200]  Anything else is somebody's policy or rule.
[01:48:42.200 --> 01:48:47.200]  None of those things are binding upon the general public.
[01:48:47.200 --> 01:49:05.200]  What I have found so far, I have found where they've had legislative acts to allow counties to put it up for a vote on a referendum. But it doesn't say anything about pities. And it also says that it can't conflict with the constitutional right.
[01:49:05.200 --> 01:49:11.200]  Nothing they do can conflict with the Constitution of your state. Absolutely nothing.
[01:49:11.200 --> 01:49:20.200]  No legislative act can alter, amend, abolish or abrogate any provision of your state constitution.
[01:49:20.200 --> 01:49:22.200]  Okay.
[01:49:22.200 --> 01:49:33.200]  Okay, they cannot amend your constitution in that way. They can't destroy a protected right or a written provision through statutory enactment.
[01:49:33.200 --> 01:49:34.200]  Okay.
[01:49:34.200 --> 01:49:46.200]  If people need to understand that, you need to make the challenge to it directly on those grounds and sue them under your state constitution under those grounds if they persist.
[01:49:46.200 --> 01:49:56.200]  But research your constitution under the legislative power and authority. I'm pretty sure you're going to have it at a minimum, the requirement for the enacting clause.
[01:49:56.200 --> 01:50:03.200]  And it's another minimum that your legislature is the only one that can pass law binding upon the people of the state.
[01:50:03.200 --> 01:50:10.200]  Eddie, if the ordinance is based on state law, then it's valid. Is that correct?
[01:50:10.200 --> 01:50:31.200]  The ordinance is based upon state law still creates an issue. How does a non state employee that has no oath of office, no anti bribery statement act under the power and authority of the state?
[01:50:31.200 --> 01:50:44.200]  That's a big issue right there. That's exactly the argument we're using on the inability of a city attorney to prosecute traffic tickets in the municipal courts.
[01:50:44.200 --> 01:50:56.200]  I'm using the exact same argument to say the legislature has tried to give a jurisdiction to a municipal court that it cannot possibly have under the Texas Constitution.
[01:50:56.200 --> 01:51:03.200]  So that's the reason they're talking about having them prove that they have jurisdiction?
[01:51:03.200 --> 01:51:17.200]  Well, the thing is, you're asking them to prove it, they'll make that up. You're going to challenge their authority to do the act because the act is forbidden by your constitution.
[01:51:17.200 --> 01:51:32.200]  See, we've got a clause in our Constitution in the Bill of Rights, Article 1, Section 29, that says any law the legislature passes that violates any part of the Bill of Rights or any other provision of the Texas Constitution is void.
[01:51:32.200 --> 01:51:36.200]  It is unenforceable.
[01:51:36.200 --> 01:51:51.200]  So you need to check and see what your state constitution protects you from in your Bill of Rights and then what the legislative powers are under whatever section of your constitution granted them their power.
[01:51:51.200 --> 01:52:07.200]  Okay. All right. I'm trying to figure this stuff out. Let me ask you about two technical questions. One of them on this public news, they misspelled my wife's name. Can I have them pretty well dismissed? This one I have to read.
[01:52:07.200 --> 01:52:20.200]  No, no, not unless, if the name is, if you can determine who she actually is, that's not a substantive error.
[01:52:20.200 --> 01:52:25.200]  So no, you'll have people say that, but absolutely no way.
[01:52:25.200 --> 01:52:33.200]  Okay. What about if they tell me that it's been found in Section 6 and it's actually in Section 13?
[01:52:33.200 --> 01:52:35.200]  That is a big problem.
[01:52:35.200 --> 01:52:44.200]  Yeah, that's a fatal error. They have to specify what ordinance or what statute they're charging you under.
[01:52:44.200 --> 01:52:49.200]  Okay. So I can question them under that to buy me time to write research just more.
[01:52:49.200 --> 01:52:53.200]  No, don't bring that up unless you get in court.
[01:52:53.200 --> 01:52:54.200]  Yeah.
[01:52:54.200 --> 01:52:56.200]  Okay. So just go to the meeting and not say anything.
[01:52:56.200 --> 01:52:58.200]  Wait, wait, wait. What meeting?
[01:52:58.200 --> 01:53:05.200]  All I'm going right now, the meeting, I have to go before the city council for a meeting on this notice.
[01:53:05.200 --> 01:53:17.200]  Yeah. If you tell them they'll get opportunity to correct once you have them in court, that's what you use to bushwack them with.
[01:53:17.200 --> 01:53:19.200]  Okay.
[01:53:19.200 --> 01:53:23.200]  Bushwack them in court. They don't have time to redo it.
[01:53:23.200 --> 01:53:27.200]  So just discuss that my place is not a health issue as they're claiming.
[01:53:27.200 --> 01:53:28.200]  Exactly.
[01:53:28.200 --> 01:53:33.200]  And then if they turn state is in process, you can go further then bring that up to the later day.
[01:53:33.200 --> 01:53:35.200]  Exactly.
[01:53:35.200 --> 01:53:36.200]  Okay.
[01:53:36.200 --> 01:53:41.200]  They're having a city council meeting on this particular ticket?
[01:53:41.200 --> 01:53:49.200]  Yes. One of them said that I had to request a meeting with the city council within seven days, which I did.
[01:53:49.200 --> 01:53:54.200]  And they set it up for a workstation to talk with me about this.
[01:53:54.200 --> 01:53:57.200]  Okay. That may be a prerequisite to go into court.
[01:53:57.200 --> 01:53:58.200]  Yeah.
[01:53:58.200 --> 01:54:00.200]  All right. Yeah, don't mention.
[01:54:00.200 --> 01:54:05.200]  Yeah, they say they don't agree with what I say is not a health issue that they'll proceed.
[01:54:05.200 --> 01:54:11.200]  And I have seven days from then whenever they tell them to have it cleaned up or they'll clean it up and send me the bills.
[01:54:11.200 --> 01:54:14.200]  Oh, so there's not even going to be a court hearing?
[01:54:14.200 --> 01:54:16.200]  According to this, there's not.
[01:54:16.200 --> 01:54:22.200]  Oh, so the city council meeting is the court hearing, Randy?
[01:54:22.200 --> 01:54:40.200]  Yes. This is not a prosecution. Then you might want to file them with a, file with them a no trespassing demand and post it, no trust, post your property, no trespassing.
[01:54:40.200 --> 01:54:48.200]  Okay. I've got one of them from the local guy here that's been fighting this stuff for the county. So I've got one of those signs from him.
[01:54:48.200 --> 01:55:07.200]  Okay. And the city council has given you notice that they intend to clean this up if you don't. As soon as they do, you go to the local court, an elected court, a magistrate court or a county court and move for a restraining order.
[01:55:07.200 --> 01:55:13.200]  Okay, wait a minute. We need more time to discuss this case. We've got three minutes left. Joey, can you call back in tomorrow night?
[01:55:13.200 --> 01:55:14.200]  Sure. I'll try.
[01:55:14.200 --> 01:55:15.200]  Okay.
[01:55:15.200 --> 01:55:16.200]  I'll do it.
[01:55:16.200 --> 01:55:27.200]  Because, yeah, this is a little more complicated because the hearing is at city council. Randy, should he try to bring up this issue that they stated the wrong statute at the city council hearing? It's the only hearing there's going to be.
[01:55:27.200 --> 01:55:31.200]  Yeah, but let's talk more about it.
[01:55:31.200 --> 01:55:36.200]  Talk about it tomorrow night, Joey. We've got a happy call back in. We've got three minutes left and I wanted to squeeze in one more caller.
[01:55:36.200 --> 01:55:37.200]  Okay. Thank you.
[01:55:37.200 --> 01:55:39.200]  Okay. Call back in tomorrow.
[01:55:39.200 --> 01:55:40.200]  Okay. Bye.
[01:55:40.200 --> 01:55:46.200]  All right. We've got three minutes. John from Tennessee. Sorry, we're getting out of the wire here. What can we do for you? What's your question?
[01:55:46.200 --> 01:55:52.200]  Oh, yes. I have a Capital One lawsuit filed against me, you know, for credit cards.
[01:55:52.200 --> 01:56:08.200]  And the funny thing about it, the court date was set for the 26th and on the 24th, I get a notice of continuous and case-stating some lawyer that reset the date to August 15th.
[01:56:08.200 --> 01:56:14.200]  Have you filed it? Have you filed a lawsuit against them in federal court yet for FCRA and DCPA?
[01:56:14.200 --> 01:56:21.200]  No, no. What I was going to do is I'm amassing all the stuff I can go out to the lawyer for.
[01:56:21.200 --> 01:56:28.200]  Well, in the limited time that we have left, let me explain to you briefly what the strategy is for handling credit cards.
[01:56:28.200 --> 01:56:38.200]  All right. It's called the Mike Mears Method, and we do sell that here at Rule of Law Radio. You'll see it's a baby blue banner, but I'm not trying to be an infomercial here.
[01:56:38.200 --> 01:56:55.200]  I'm going to briefly explain the process. You have to go after them. If they file a lawsuit against you in state court, basically the best way to get rid of it is you have to sue them in federal court for violations of the DCPA and the FCRA.
[01:56:55.200 --> 01:57:07.200]  You have to send them letters, validation letters, and dispute letters. You have to check your credit report. If they don't mark your credit report and dispute, that's violation.
[01:57:07.200 --> 01:57:13.200]  If they keep calling you after you send them the limited cease and desist, that's violations of the DCPA and TCPA.
[01:57:13.200 --> 01:57:26.200]  You have to file a lawsuit against them in federal court for violations of these civil rights consumer protection laws, and they always violate these laws. It has nothing to do with the debt.
[01:57:26.200 --> 01:57:38.200]  And then as part of the settlement agreement, when you force them to the table in this federal lawsuit, part of the settlement agreement is that you force them to drop the lawsuit against you in state court,
[01:57:38.200 --> 01:57:53.200]  and or if they already have a judgment against you in state court, you force them to overturn and vacate their judgment against you, the state judgment against you, as part of the settlement agreement that you force them into in the federal lawsuit.
[01:57:53.200 --> 01:57:56.200]  That is the best way to handle it.
[01:57:56.200 --> 01:58:04.200]  Here, yes, is this not a violation itself since sending these letters and it's not being filed this court?
[01:58:04.200 --> 01:58:11.200]  Not necessarily, not unless you've sent them a limited cease and desist letter.
[01:58:11.200 --> 01:58:21.200]  Well, what could we do? We set the date and then I filed a motion of enforcement time, and then the next day I get a correction on that.
[01:58:21.200 --> 01:58:25.200]  John, I'm sorry. We're out of time. We're going to have to talk about it some more tomorrow night.
[01:58:25.200 --> 01:58:26.200]  Okay.
[01:58:26.200 --> 01:58:30.200]  Call back tomorrow night. We have a four hour info marathon.
[01:58:30.200 --> 01:58:31.200]  All right.
[01:58:31.200 --> 01:58:32.200]  Thank you.
[01:58:32.200 --> 01:58:37.200]  We'll be back tomorrow night. Sorry, John, Danny, Jason.
[01:58:37.200 --> 01:58:42.200]  We're trying to get in as many people as we can help as many people as possible in the limited amount of time that we have tomorrow night.
[01:58:42.200 --> 01:58:45.200]  We'll have more time. Please call in tomorrow night.
[01:58:45.200 --> 01:58:48.200]  We're on the air from eight to midnight central time.
[01:58:48.200 --> 01:58:52.200]  This is the rule of law, Randy Kelton, Eddie Craig, and Deborah Stevens.
[01:58:52.200 --> 01:58:59.200]  We'll be back tomorrow night. God bless and good night.
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