[00:00.000 --> 00:10.680]  The U.S. Postal Service Thursday announced its axing 35,000 jobs and consolidating or
[00:10.680 --> 00:15.720]  closing 223 mail-processing plants in late May or June.
[00:15.720 --> 00:20.320]  The move is part of an effort to cut its budget by $20 billion in the next three years to
[00:20.320 --> 00:25.200]  comply with a congressional mandate requiring it to fund 100 percent of employees' pensions
[00:25.200 --> 00:29.880]  for 75 years by 2016.
[00:29.880 --> 00:34.560]  Six months after donors poured money and aid into Dadaab, the world's biggest refugee
[00:34.560 --> 00:38.920]  camp in Kenya, aid groups warn the situation remains dire.
[00:38.920 --> 00:44.200]  Dadaab is sheltering almost 500,000 Somalis who have fled across the border to escape famine
[00:44.200 --> 00:45.200]  and war.
[00:45.200 --> 00:50.880]  All non-lifesaving humanitarian work was halted in the camps in October due to the deteriorating
[00:50.880 --> 00:53.840]  security situation.
[00:53.840 --> 00:59.040]  Israeli police clashed with hundreds of Palestinians after Muslim prayers Friday at Jerusalem's
[00:59.040 --> 01:04.280]  most sensitive holy site, the Al-Aqsa Mosque Compound, which sits atop the remains of two
[01:04.280 --> 01:06.760]  biblical Jewish temples.
[01:06.760 --> 01:11.320]  Tensions have heightened recently with Palestinian activists concerned that far-right Israelis
[01:11.320 --> 01:17.320]  are trying to gain entry to Muslim-controlled areas at the site.
[01:17.320 --> 01:22.560]  Albert Stanley, former CEO of KBR, was sentenced to two-and-a-half years in prison for bribing
[01:22.560 --> 01:27.400]  Nigerian officials to win $6 billion in natural gas contracts.
[01:27.400 --> 01:31.520]  Stanley also agreed to make restitution of $10.8 million.
[01:31.520 --> 01:35.760]  He had faced up to seven years under the terms of his cooperation agreement.
[01:35.760 --> 01:40.400]  Larry Veselka, Stanley's lawyer, asked that his client be sentenced to house arrest instead
[01:40.400 --> 01:45.560]  of prison, saying Stanley's cooperation resulted in eight felony guilty pleas, four
[01:45.560 --> 01:50.320]  deferred prosecution agreements, and fines of $1.7 billion.
[01:50.320 --> 01:55.040]  Two former KBR consultants, who facilitated the scheme, have also been sentenced for their
[01:55.040 --> 01:58.560]  roles in a plot to bribe Nigerian officials.
[01:58.560 --> 02:05.960]  KBR agreed in 2009 to pay $579 million to resolve criminal charges and civil claims by
[02:05.960 --> 02:10.600]  the Securities and Exchange Commission that it orchestrated a 10-year bribery scheme on
[02:10.600 --> 02:17.640]  behalf of joint venture partners in Nigeria's Bonney Island liquefied natural gas facility.
[02:17.640 --> 02:21.880]  Where Bill Gates, Friday, pressed the need for genetically modified seeds in the developing
[02:21.880 --> 02:26.280]  world, he was speaking at a forum of the International Fund for Agriculture Development
[02:26.280 --> 02:27.280]  in Rome.
[02:27.280 --> 02:32.640]  However, Gates' claims that genetically modified crops, double or triple crop yields, have been
[02:32.640 --> 02:34.920]  challenged by recent research.
[02:34.920 --> 02:39.400]  According to the Global Citizens Report on the State of GMOs, genetic engineering has
[02:39.400 --> 02:44.400]  failed to increase the yield of any food crop, but has vastly increased the use of canacles
[02:44.400 --> 02:46.360]  and the growth of superweeds.
[02:46.360 --> 02:52.320]  A 2009 report from the Union of Concerned Scientists showed GM seeds failed to increase
[02:52.320 --> 03:18.320]  yields in U.S. crops.
[05:52.320 --> 05:59.320]  This report shows that GMOs have failed to increase the yield of canacles in the developing
[05:59.320 --> 06:00.320]  world.
[06:00.320 --> 06:07.320]  This report shows that GMOs have failed to increase the yield of canacles in the developing
[06:07.320 --> 06:33.320]  and city ordinances.
[06:33.320 --> 06:39.880]  That is, the codified right that speaks to that, or at least it's one of the statutes
[06:39.880 --> 06:41.120]  of the codified right.
[06:41.120 --> 06:48.160]  The other is 1.05, Code of Criminal Procedure, Texas Constitution Article 1, Section 10,
[06:48.160 --> 06:57.360]  which is where 1.05 is codified from, 45.001 clearly states the individual has the right
[06:57.360 --> 07:07.920]  to notice and 45.018b and 45.019f all state that the individual has the right to have
[07:07.920 --> 07:11.120]  it, the right to challenge it.
[07:11.120 --> 07:19.040]  The difference there is that 45.019f talks specifically about the complaint for the purpose
[07:19.040 --> 07:28.840]  of challenging its form and content and 45.018b says that you have a right to that before
[07:28.840 --> 07:35.320]  any proceeding in the case regarding the prosecution.
[07:35.320 --> 07:43.160]  Now you and I all know common sense says the prosecution begins on initial appearance,
[07:43.160 --> 07:46.600]  the 1517 proceeding.
[07:46.600 --> 07:54.160]  Why? because one of the mandates required of the magistrate in the 1517 hearing is to
[07:54.160 --> 07:58.280]  inform the accused of the accusation against them.
[07:58.280 --> 08:00.360]  Well guess what?
[08:00.360 --> 08:04.920]  There has to be a complaint for that accusation to exist.
[08:04.920 --> 08:11.960]  The citation does not vest the court with jurisdiction, nor does the citation constitute
[08:11.960 --> 08:14.040]  notice.
[08:14.040 --> 08:19.960]  Now this is the idiotic argument and I'm going to read it verbatim out of this idiot's white
[08:19.960 --> 08:29.440]  paper and you can see exactly where if you read 27.14d this guy doesn't know what he's
[08:29.440 --> 08:31.400]  talking about.
[08:31.400 --> 08:36.480]  It reads during the course of preparing for trial the most common constitutional challenge
[08:36.480 --> 08:41.600]  and we're not making a constitutional challenge by the way, we're arguing the statute.
[08:41.600 --> 08:45.360]  The statute says this is my right.
[08:45.360 --> 08:51.120]  When you look in chapter 311 of the government code it says very clearly that the phrase
[08:51.120 --> 09:01.080]  is entitled to those three words creates or recognizes a right.
[09:01.080 --> 09:09.440]  Well there has to be a waiver of the right before the court can ignore it.
[09:09.440 --> 09:13.080]  If you don't waive it, they cannot ignore it.
[09:13.080 --> 09:20.120]  This is the lynchpin argument here that this doofus and all the other municipal doofuses
[09:20.120 --> 09:32.000]  don't seem to understand 45.018b is creating a statutory right that is relevant to the
[09:32.000 --> 09:38.640]  constitutional requirement of that right to have a written copy of the accusation.
[09:38.640 --> 09:42.320]  The nature and cause against you.
[09:42.320 --> 09:52.200]  So it is creating via statute an implementation along with 1.05 of that constitutionally protected
[09:52.200 --> 09:56.240]  due process right.
[09:56.240 --> 10:02.320]  Now let's see, during the course of preparing for trial the most common constitutional challenge
[10:02.320 --> 10:05.440]  in municipal court is a due process challenge.
[10:05.440 --> 10:10.560]  Here the defendant may allege a violation of due process if they do not receive the
[10:10.560 --> 10:18.240]  formal complaint regarding their citation before their first court appearance.
[10:18.240 --> 10:25.240]  This requirement under the code of criminal procedure article 45.018b states a defendant
[10:25.240 --> 10:30.840]  is entitled to notice of a complaint against the defendant not later than the day before
[10:30.840 --> 10:35.840]  the date of any proceeding in the prosecution of the defendant under the complaint.
[10:35.840 --> 10:40.920]  The defendant may waive the right to notice granted by this subsection.
[10:40.920 --> 10:42.920]  That's all true.
[10:42.920 --> 10:45.240]  Now listen to what he says.
[10:45.240 --> 10:52.080]  In order to counter this challenge, an argument should be made that the original written notice
[10:52.080 --> 10:59.600]  meaning the citation that is given to a defendant serves as the complaint unless the defendant
[10:59.600 --> 11:03.880]  pleads not guilty to the alleged offense in open court.
[11:03.880 --> 11:09.600]  And then he's got that marked footnote number 8 and that footnote says pursuant code of
[11:09.600 --> 11:13.680]  criminal procedure article 27.14d.
[11:13.680 --> 11:18.040]  Well here is the first problem with this idiot's argument.
[11:18.040 --> 11:28.200]  First off, you are not required to plead not guilty before the right kicks in.
[11:28.200 --> 11:33.480]  The right supersedes the waiver, okay?
[11:33.480 --> 11:38.040]  The right is mine unless I waive it.
[11:38.040 --> 11:43.120]  Now let me read you 27.14d which I've done dozens of times but we're going to do it
[11:43.120 --> 11:47.960]  again for the benefit of these twits with ties.
[11:47.960 --> 11:56.280]  If written notice of an offense for which maximum possible punishment is by fine only
[11:56.280 --> 12:04.200]  more, of a violation relating to the manner, time, and place of parking has been prepared,
[12:04.200 --> 12:11.840]  delivered, and filed with the court, and a legible duplicate copy has been given to
[12:11.840 --> 12:18.440]  the defendant, the written notice serves as a complaint to which the defendant may plead
[12:18.440 --> 12:26.680]  not must, may plead guilty, not guilty, or no look contender.
[12:26.680 --> 12:35.360]  If the defendant pleads not guilty to the offense or fails to appear based on the written
[12:35.360 --> 12:45.000]  notice, a complaint shall be filed that conforms to the requirement of chapter 45 of this code
[12:45.000 --> 12:51.160]  and that complaint serves as an original complaint.
[12:51.160 --> 12:59.720]  A defendant may waive the filing of a sworn complaint and elect that the prosecution proceed
[12:59.720 --> 13:06.360]  on the written notice of the charged offense if the defendant agrees in writing with the
[13:06.360 --> 13:13.640]  prosecution, signs the agreement, and files it with the court.
[13:13.640 --> 13:23.040]  This none of 27.14d applies unless the last sentence is complied with.
[13:23.040 --> 13:32.800]  The defendant waives the right to notice and a right to a sworn complaint, but he must
[13:32.800 --> 13:42.640]  do it in writing, okay, and it must be signed, okay?
[13:42.640 --> 13:51.040]  So if that doesn't occur, 27.14d absolutely does not apply.
[13:51.040 --> 13:52.360]  Why?
[13:52.360 --> 14:05.120]  Because it is superseding the right established in 45.018b if 27.14d can do what this guy is
[14:05.120 --> 14:11.320]  talking about, then this section that doesn't have anything to do with anything but a waiver
[14:11.320 --> 14:20.080]  of a right suddenly becomes an automatic waiver that the defense has no objection to.
[14:20.080 --> 14:25.800]  We cannot object to the right being taken away is what this guy is essentially saying
[14:25.800 --> 14:29.760]  27.14d does.
[14:29.760 --> 14:35.800]  So we have the section that says it is a right and then his argument is, but the part where
[14:35.800 --> 14:40.680]  you can waive it supersedes the right.
[14:40.680 --> 14:47.760]  So because you can waive it, then the argument should be made that you did waive it.
[14:47.760 --> 14:54.920]  But the problem here is they can't produce the signed written waiver.
[14:54.920 --> 15:02.280]  So right off the bat notice has been violated and this guy is acting as if that's somehow
[15:02.280 --> 15:04.760]  okay.
[15:04.760 --> 15:08.520]  It's gross stupidity, but it's what they do.
[15:08.520 --> 15:15.040]  Now when we get back here where we're going to break in about a minute and a half, I will
[15:15.040 --> 15:21.920]  go into this a little bit deeper because one of the other problems this creates besides
[15:21.920 --> 15:28.960]  the violation of the right to notice is they're actually saying here, let me give you the
[15:28.960 --> 15:33.880]  rest of what they've got in this particular little column real quick on this argument
[15:33.880 --> 15:37.200]  and you'll see where they're trying to go.
[15:37.200 --> 15:44.600]  Now, in order to counter this, we have to make this 27.14d argument.
[15:44.600 --> 15:51.360]  Therefore a formal complaint is required by 45.019 of the Code of Criminal Procedure does
[15:51.360 --> 15:58.720]  not have to be fully satisfied until after the defendant pleads not guilty in open court.
[15:58.720 --> 16:00.960]  That's baloney.
[16:00.960 --> 16:06.360]  A plea in these cases is never entered until the jury's impaled.
[16:06.360 --> 16:09.400]  And that's the day of trial.
[16:09.400 --> 16:16.000]  So this guy is arguing that not only are we denied the right under 45.018d to have a copy
[16:16.000 --> 16:21.120]  prior to any proceeding, but we don't have to be given a copy so that we can object to
[16:21.120 --> 16:29.440]  its forming content prior to the day of the trial on merits, which is 45.019f.
[16:29.440 --> 16:35.560]  His argument is depriving us of every right whatsoever to object to the complaint in any
[16:35.560 --> 16:38.920]  way, shape or form.
[16:38.920 --> 16:39.920]  It's just stupid.
[16:39.920 --> 16:42.680]  But we'll finish that on the other side.
[16:42.680 --> 16:44.760]  Right now this is Rule of Law Radio.
[16:44.760 --> 16:47.240]  I am Eddie Craig with Randy Kelton, Deborah Steven.
[16:47.240 --> 16:50.120]  We'll be right back on the other side this break.
[16:50.120 --> 17:00.840]  The call-in number is 512-646-1984 and we will be right back.
[17:00.840 --> 17:18.760]  The call-in number is 512-646-1984 and we will be right back on the other side this
[17:18.760 --> 17:19.760]  break.
[17:19.760 --> 17:37.680]  The call-in number is 512-646-1984 and we will be right back on the other side this
[17:37.680 --> 17:38.680]  break.
[17:38.680 --> 17:56.600]  The call-in number is 512-646-1984 and we will be right back on the other side this
[17:56.600 --> 17:57.600]  break.
[17:57.600 --> 18:15.520]  The call-in number is 512-646-1984 and we will be right back on the other side this
[18:15.520 --> 18:16.520]  break.
[18:16.520 --> 18:34.440]  The call-in number is 512-646-1984 and we will be right back on the other side this
[18:34.440 --> 18:35.440]  break.
[18:35.440 --> 18:53.360]  The call-in number is 512-646-1984 and we will be right back on the other side this
[18:53.360 --> 19:06.280]  break.
[19:06.280 --> 19:24.200]  The call-in number is 512-646-1984 and we will be right back on the other side this
[19:24.200 --> 19:25.200]  break.
[19:25.200 --> 19:43.120]  The call-in number is 512-646-1984 and we will be right back on the other side this
[19:43.120 --> 19:44.120]  break.
[19:44.120 --> 19:55.120]  The call-in number is 512-646-1984 and we will be right back on the other side this
[19:55.120 --> 19:56.120]  break.
[19:56.120 --> 20:02.560]  Now what else occurs in a trial, the right to notice cannot be violated and the judgment
[20:02.560 --> 20:03.560]  stand.
[20:03.560 --> 20:05.060]  Why?
[20:05.060 --> 20:11.200]  Because part of fundamental due process is the right to challenge the accusation and
[20:11.200 --> 20:18.400]  to be heard in open court and to have noticed sufficient enough to inform you as to what
[20:18.400 --> 20:21.800]  you're defending against.
[20:21.800 --> 20:28.520]  Now let's look at what 27.14D attempts to do.
[20:28.520 --> 20:39.520]  It attempts to take the citation that the officer wrote and use it in place of the complaint
[20:39.520 --> 20:45.520]  as constructed under the provisions of 45.019.
[20:45.520 --> 20:54.960]  Well there are at least three mandatory requirements on a complaint that do not exist on a citation.
[20:54.960 --> 20:56.200]  1.
[20:56.200 --> 21:02.680]  The complaint must be sworn to, 2.
[21:02.680 --> 21:08.920]  It must begin with certain language in and by the authority of the state of Texas, 3.
[21:08.920 --> 21:15.160]  It must end with certain language against the peace and dignity of the state.
[21:15.160 --> 21:20.800]  And if you want to get really technical, the fourth requirement is that it requires a verification
[21:20.800 --> 21:25.960]  signature for the sworn signature on it, okay?
[21:25.960 --> 21:30.400]  So it has to be a sworn instrument, it starts with specific language, it ends with specific
[21:30.400 --> 21:31.400]  language.
[21:31.400 --> 21:36.200]  None of which citations qualify for in any way, shape or form.
[21:36.200 --> 21:42.040]  The few citations I have seen issued in Texas that actually have all of that have one other
[21:42.040 --> 21:44.680]  problem going forward.
[21:44.680 --> 21:52.600]  The officer that swears them out and another police officer that acts as the verifier.
[21:52.600 --> 21:59.280]  Problem is, I can't find a single statute that authorizes a police officer to verify
[21:59.280 --> 22:05.080]  a criminal complaint when that complaint is started in a justice or municipal court.
[22:05.080 --> 22:12.720]  In fact, Chapter 45 gives a complete list of who the complaint may be sworn before.
[22:12.720 --> 22:17.480]  The peace officer is not in the list.
[22:17.480 --> 22:24.320]  So right off the bat, the citation still does not comply with the requirements of a complaint.
[22:24.320 --> 22:34.240]  Second, if all prosecutions in a municipal court commits by complaint and the citation
[22:34.240 --> 22:42.200]  isn't a valid complaint, then the court is never vested with jurisdiction to take or
[22:42.200 --> 22:45.400]  enter a plea of any kind.
[22:45.400 --> 22:50.800]  Even if the complaint alone could vest them with that jurisdiction, the citation does
[22:50.800 --> 22:52.920]  not constitute a complaint.
[22:52.920 --> 22:58.480]  Therefore, the jurisdiction of the court is never in vote.
[22:58.480 --> 23:07.280]  So the court can't take or enter a plea or anything whatsoever based upon the citation
[23:07.280 --> 23:08.280]  alone.
[23:08.280 --> 23:11.600]  They simply can't do it.
[23:11.600 --> 23:19.760]  The legislature cannot give the court the power to act when that act violates other
[23:19.760 --> 23:24.920]  provisions of constitutional requirements and statutory law.
[23:24.920 --> 23:28.960]  They can't break the law to enforce the law.
[23:28.960 --> 23:29.960]  Okay?
[23:29.960 --> 23:36.880]  Now, think about that the next time you see a cop screaming up behind you at 110 to write
[23:36.880 --> 23:39.600]  you a speeding ticket.
[23:39.600 --> 23:40.600]  Okay?
[23:40.600 --> 23:43.280]  Think about that.
[23:43.280 --> 23:49.880]  Who just violated the law under the claim of authority to be enforcing it?
[23:49.880 --> 23:59.120]  Yet, they do this every single day, cops buy and sell drugs, an illegal activity.
[23:59.120 --> 24:00.120]  Why?
[24:00.120 --> 24:06.440]  So that they can claim to be enforcing the law against buying and selling drugs.
[24:06.440 --> 24:11.520]  This is stupidity of the highest order, okay?
[24:11.520 --> 24:14.000]  I mean, think about it.
[24:14.000 --> 24:16.920]  Cops are eventually going to get to the stage where they're going to say, well, we have
[24:16.920 --> 24:23.080]  to kill people in order to keep people from being killed.
[24:23.080 --> 24:29.080]  It doesn't matter whether the people we kill were actually in the process of doing anything
[24:29.080 --> 24:30.600]  wrong.
[24:30.600 --> 24:35.720]  We just thought they needed to be killed so they couldn't kill somebody else later.
[24:35.720 --> 24:40.720]  If you think we're not, that we're a long way from that, you need to be looking around.
[24:40.720 --> 24:43.640]  We got cops shooting people every day.
[24:43.640 --> 24:49.880]  We got cops breaking laws every day, lying through their teeth about what the law is
[24:49.880 --> 24:50.880]  or isn't.
[24:50.880 --> 24:51.880]  Why?
[24:51.880 --> 24:58.160]  To give them the appearance of authority to violate it.
[24:58.160 --> 24:59.640]  And what do we do?
[24:59.640 --> 25:03.200]  Oh, well, he's a cop that must be okay.
[25:03.200 --> 25:08.560]  No, it is not okay, all right?
[25:08.560 --> 25:15.200]  The purpose of government is to protect the individual rights of the people, okay?
[25:15.200 --> 25:25.000]  Their authority to act against the people is limited strictly to incidents involving
[25:25.000 --> 25:29.520]  violation of individual rights.
[25:29.520 --> 25:37.800]  If no such incident exists, and no one is complaining that such an incident exists,
[25:37.800 --> 25:44.920]  government has no business doing anything with the people, none.
[25:44.920 --> 25:51.360]  They should be a frickin' fence post standing off at the edge of the field doing nothing,
[25:51.360 --> 25:56.240]  except holding their individual wire.
[25:56.240 --> 26:00.920]  They have no business interfering with our lives whatsoever.
[26:00.920 --> 26:06.440]  I mean, have you ever considered the fact that you can, the whole saying you can never
[26:06.440 --> 26:09.560]  find a cop when you need one?
[26:09.560 --> 26:15.320]  When your rights are actually being violated, they're scarce as dodo teeth.
[26:15.320 --> 26:23.080]  But when you're doing absolutely nothing wrong and you have harmed no one, they can initiate
[26:23.080 --> 26:32.160]  a traffic stop that somehow attracts a dozen cops in less than five minutes.
[26:32.160 --> 26:36.760]  It's ridiculous, okay?
[26:36.760 --> 26:42.080]  Now when these guys are out there doing their thing every single day, and they activate
[26:42.080 --> 26:48.160]  those Mars lights, and for those of you that don't know, MARS is the light system that's
[26:48.160 --> 26:50.720]  on these cruisers.
[26:50.720 --> 26:56.600]  They have a technical moment nature for that acronym, but my honest opinion is, is what
[26:56.600 --> 27:01.000]  it stands for is the more annual revenue system.
[27:01.000 --> 27:05.960]  Every time they turn them on, it's for the purpose of generating revenue.
[27:05.960 --> 27:08.000]  It's not for protecting rights.
[27:08.000 --> 27:10.360]  It's not for protecting property.
[27:10.360 --> 27:15.160]  It's to take somebody's money, okay?
[27:15.160 --> 27:17.360]  That's what they're for.
[27:17.360 --> 27:22.680]  So those lights constitute the more annual revenue system.
[27:22.680 --> 27:29.920]  Now I just wished that I had the authority to tool around in my car, flip on a set of
[27:29.920 --> 27:36.120]  lights, walk up to somebody's car when I pull them over and say, here, take this piece
[27:36.120 --> 27:42.880]  of paper down to that building and give them the amount of money I'm saying you owe so
[27:42.880 --> 27:46.640]  that my paycheck remains steady.
[27:46.640 --> 27:52.680]  When I wished I had that kind of power, but folks, that's exactly what we're facing with
[27:52.680 --> 27:55.720]  these guys every single day.
[27:55.720 --> 27:58.600]  That's their only job anymore.
[27:58.600 --> 27:59.600]  What was it, Randy?
[27:59.600 --> 28:03.280]  The United States Supreme Court that ruled, or was it just one of the federal courts
[28:03.280 --> 28:12.120]  that said a police officer has no legal obligation to protect the public?
[28:12.120 --> 28:13.120]  None.
[28:13.120 --> 28:18.480]  Well, there's a whole string of cases to that effect.
[28:18.480 --> 28:26.120]  They do have a legal obligation to enforce the law, but not to protect someone.
[28:26.120 --> 28:32.640]  That was to keep people from suing the police, like they call the police and the police can't
[28:32.640 --> 28:38.880]  get there in time, or they've got a number of calls and they have to decide which one
[28:38.880 --> 28:41.280]  they can get to first.
[28:41.280 --> 28:46.480]  And the second one, the guy gets hurt because the police didn't show up if the police can't
[28:46.480 --> 28:47.480]  be sued.
[28:47.480 --> 28:51.760]  Yeah, but at the same time, you've got the city sitting here robbing you blind in taxes
[28:51.760 --> 28:57.200]  to pay for that service that you can't enforce, even though you're being forced to pay for
[28:57.200 --> 28:59.280]  it.
[28:59.280 --> 29:00.280]  But you can't.
[29:00.280 --> 29:05.840]  I mean, that's like saying that I've contracted with you to provide me with these things.
[29:05.840 --> 29:11.640]  But the moment you decide that you can't provide it to me, I don't have any recourse
[29:11.640 --> 29:15.720]  to come back and say you denied me and something I was paying for.
[29:15.720 --> 29:21.480]  That's exactly what these courts have ruled on behalf of municipal cops and the municipalities
[29:21.480 --> 29:22.760]  they work for.
[29:22.760 --> 29:27.040]  We don't care that we're making you pay for the service, okay?
[29:27.040 --> 29:33.600]  We're not obligated to provide that service to you, even though you're paying for it.
[29:33.600 --> 29:39.960]  So what then gives them the authority to make that payment for that service you're not getting?
[29:39.960 --> 29:40.960]  Mandatory.
[29:40.960 --> 29:41.960]  Acquiescence.
[29:41.960 --> 29:42.960]  All it's ever been.
[29:42.960 --> 29:47.360]  All right, folks, we're about to take another break.
[29:47.360 --> 29:51.120]  Calling number is 512-646-1984.
[29:51.120 --> 29:55.160]  This is Rule of Law with Randy Kelton, Eddie Craig, Deborah Stevens.
[29:55.160 --> 30:00.440]  We will be right back after this break.
[30:00.440 --> 30:05.800]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.800 --> 30:08.080]  The government says that fire brought it down.
[30:08.080 --> 30:12.880]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.880 --> 30:15.680]  Over 6,000 of my fellow service members have given their lives.
[30:15.680 --> 30:18.360]  And thousands of my fellow first responders have died.
[30:18.360 --> 30:19.880]  I'm not a conspiracy theorist.
[30:19.880 --> 30:20.880]  I'm a structural engineer.
[30:20.880 --> 30:22.200]  I'm a New York City correction officer.
[30:22.200 --> 30:23.200]  I'm an Air Force pilot.
[30:23.200 --> 30:24.760]  I'm a father who lost his son.
[30:24.760 --> 30:27.440]  We are Americans and we deserve the truth.
[30:27.440 --> 30:33.440]  Go to RememberBuilding7.org today.
[30:33.440 --> 30:38.040]  Salt Lake City is known for its devout warm-in community that prepares for the end times.
[30:38.040 --> 30:42.840]  So why is it the test bed for a payment technology that some are linking to the mark of the beast?
[30:42.840 --> 30:46.960]  I'm Dr. Catherine Albright and I'll tell you more in just a moment.
[30:46.960 --> 30:48.560]  Privacy is under attack.
[30:48.560 --> 30:52.160]  When you give up data about yourself, you'll never get it back again.
[30:52.160 --> 30:56.920]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:56.920 --> 31:01.760]  So protect your rights, say no to surveillance, and keep your information to yourself.
[31:01.760 --> 31:04.680]  Privacy, it's worth hanging on to.
[31:04.680 --> 31:09.000]  This public service announcement is brought to you by StartPage.com, the private search
[31:09.000 --> 31:12.520]  engine alternative to Google, Yahoo, and Bing.
[31:12.520 --> 31:14.520]  Start over with StartPage.
[31:14.520 --> 31:20.280]  Salt Lake City wants to be the place you can leave your wallet at home so they've teamed
[31:20.280 --> 31:25.480]  up with Verizon, AT&T, and T-Mobile on a new payment system called ISIS.
[31:25.480 --> 31:30.200]  ISIS, named after the Egyptian goddess of magic, lets consumers make payments with their
[31:30.200 --> 31:31.200]  cell phones.
[31:31.200 --> 31:33.960]  Just wave your phone and the purchase is complete.
[31:33.960 --> 31:37.840]  The city's transit systems are already on board and local merchants are expected to
[31:37.840 --> 31:38.840]  follow.
[31:38.840 --> 31:43.760]  Developers hope ISIS will usher in a cashless society, which worries Christians and freedom
[31:43.760 --> 31:44.760]  advocates alike.
[31:44.760 --> 31:48.760]  Once we get a number to buy and sell, all of our purchases will be tracked.
[31:48.760 --> 31:53.120]  Worse yet, technology could exclude us from buying necessities like food.
[31:53.120 --> 31:57.680]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:23.120 --> 32:47.400]  All I am sending out are the documents that we currently have.
[32:47.400 --> 32:50.480]  They still have not been fully migrated.
[32:50.480 --> 32:56.080]  They're still broken into the original set under remedies and the newer set up under
[32:56.080 --> 32:57.680]  going to court.
[32:57.680 --> 33:02.440]  The structure's been set up under each one, but it's not all fully populated yet and
[33:02.440 --> 33:05.440]  we haven't got all the documents transferred over.
[33:05.440 --> 33:10.680]  But I am going to go ahead and send out what we do.
[33:10.680 --> 33:14.480]  So understand that if you can't find the document in one place, you need to go look
[33:14.480 --> 33:20.040]  and see if it's been moved to the other or still exist in the original location.
[33:20.040 --> 33:25.880]  That being said, another project I've been working on this week is I have been doing
[33:25.880 --> 33:32.840]  basically what amounts to a statutory invocation roadmap.
[33:32.840 --> 33:38.480]  Now what this is, is it deals with traffic stops in general, what I've come to call
[33:38.480 --> 33:41.480]  transportation stops.
[33:41.480 --> 33:51.680]  And what we do is at each point we are mapping out what particular statutes are being invoked
[33:51.680 --> 33:58.120]  or might be invoked depending upon what kind of argument is going on and let me give you
[33:58.120 --> 33:59.720]  an example.
[33:59.720 --> 34:05.120]  The first place we start is the authority to initiate the stop.
[34:05.120 --> 34:13.640]  And so we start with authority and the section that's invoked is 543.001 of the transportation
[34:13.640 --> 34:15.280]  code.
[34:15.280 --> 34:25.280]  Now that leads us to two other alternatives here where we can have the officer acknowledge
[34:25.280 --> 34:31.120]  that we are not in transportation, in which case the stop concludes and there's nothing
[34:31.120 --> 34:33.480]  else to go to.
[34:33.480 --> 34:41.720]  However, we all know the officer is not going to acknowledge that we are not in transportation,
[34:41.720 --> 34:46.640]  which takes us to the next action, which in this case is either do we sign the citation
[34:46.640 --> 34:49.320]  or not sign the citation.
[34:49.320 --> 34:58.440]  If you choose not to sign the citation, that invokes 543.002, which is we refuse to sign
[34:58.440 --> 35:02.280]  or we demand an appearance immediately before a magistrate.
[35:02.280 --> 35:05.920]  So that's the statute that's invoked by not signing.
[35:05.920 --> 35:18.720]  If we do sign the citation, that invokes 543.003 through 543.008.
[35:18.720 --> 35:25.280]  Those are the statutes that specifically tell what is to occur if the person is going to
[35:25.280 --> 35:28.800]  sign the citation and so on and so forth.
[35:28.800 --> 35:36.800]  And then it goes on to talk about which through the entire process, including the 1517 hearing,
[35:36.800 --> 35:42.200]  coming in in compliance with the notice to appear, whether or not you appeared in compliance
[35:42.200 --> 35:43.280]  or didn't.
[35:43.280 --> 35:50.840]  It goes through each process and tells you exactly what statutes are being invoked.
[35:50.840 --> 35:57.360]  So when this is completely done, I'm going to turn this into a large pullout flow chart
[35:57.360 --> 36:01.320]  that will probably wind up being a wall poster.
[36:01.320 --> 36:08.400]  And it will be an insert into the new traffic court survivors guide.
[36:08.400 --> 36:14.520]  And that will be a part of that new book where I am going to take that roadmap and we are
[36:14.520 --> 36:21.120]  going to put everything in the book that details the legal arguments with each of these sections
[36:21.120 --> 36:23.720]  of statute for the process.
[36:23.720 --> 36:28.760]  Not only are we going to deal with the individual statutes and where they are being misapplied,
[36:28.760 --> 36:35.840]  but we are also going to deal with all of the due process violations that are created
[36:35.840 --> 36:39.040]  by the court at every turn.
[36:39.040 --> 36:46.360]  So hopefully when this book comes out, not only will it help the people going to court,
[36:46.360 --> 36:52.760]  but if judges and prosecutors will actually read it, maybe just maybe they will learn
[36:52.760 --> 36:58.080]  something, because I've yet to find one that knows anything.
[36:58.080 --> 37:06.440]  And if they do know it, they are masters at portraying ignorance because I've actually
[37:06.440 --> 37:11.840]  had somebody call me and tell me that the prosecutor in their case was sitting there
[37:11.840 --> 37:21.800]  calling the legal documents frivolous and something put together off of the Internet.
[37:21.800 --> 37:29.040]  Now you have an idiot attorney that has not researched anything, hasn't read a single
[37:29.040 --> 37:37.680]  statute, has probably not bothered to read in any detail the legal argument being made
[37:37.680 --> 37:44.720]  and yet his only defense against them is to assert without any type of support for his
[37:44.720 --> 37:53.800]  position any counter argument based on any law that the entire argument or set of arguments
[37:53.800 --> 37:55.800]  is frivolous.
[37:55.800 --> 37:59.600]  Now you want frivolous, that's frivolous.
[37:59.600 --> 38:04.880]  My entire position judge is that the defendants argument is frivolous, I don't want to have
[38:04.880 --> 38:10.520]  to do any work to prove him wrong, I just want you to agree with me that it's frivolous
[38:10.520 --> 38:14.680]  so that we can go on with taking his money.
[38:14.680 --> 38:23.520]  That is exactly what these attorneys are doing and it's exactly what these lower court judges
[38:23.520 --> 38:26.480]  are allowing to continue.
[38:26.480 --> 38:34.800]  Folks, no question about it, that is entirely our fault.
[38:34.800 --> 38:36.440]  Why?
[38:36.440 --> 38:41.880]  Because we're not suing the living dog crap out of these judges and these prosecutors
[38:41.880 --> 38:50.480]  who have no jurisdiction and no case whatsoever, they don't.
[38:50.480 --> 38:57.720]  But because we don't know how to defend ourselves or we buy into it that because they're lawyers
[38:57.720 --> 39:03.440]  or judges they know more than us, we just let them get away with it.
[39:03.440 --> 39:09.360]  I'm telling you folks, you will never meet a dumber person on the planet when it comes
[39:09.360 --> 39:14.720]  to law than a fricking attorney.
[39:14.720 --> 39:15.720]  Why?
[39:15.720 --> 39:18.740]  Because he doesn't read the law.
[39:18.740 --> 39:25.720]  His version of the law has been learned by osmosis, not by research and study.
[39:25.720 --> 39:33.040]  His version of the law has been learned by absorbing Tase law based on statute that's
[39:33.040 --> 39:38.360]  been gone for 20 years.
[39:38.360 --> 39:43.360]  They don't have a fricking clue.
[39:43.360 --> 39:51.160]  They're just doing business as usual and we remain ignorant to the process and the rules
[39:51.160 --> 39:54.000]  so that they can get away with it.
[39:54.000 --> 39:56.760]  It is our fault.
[39:56.760 --> 40:02.720]  Absolutely positively no question, our fault.
[40:02.720 --> 40:07.060]  We get dragged into this game whether we want to play or not.
[40:07.060 --> 40:11.400]  We should expect to get dragged into this game after everything we see every day of
[40:11.400 --> 40:14.960]  our lives, whether we want to play or not.
[40:14.960 --> 40:21.680]  And knowing that eventually we're going to get dragged into it, we still refuse to spend
[40:21.680 --> 40:27.520]  any time at all in studying the rules of the game.
[40:27.520 --> 40:34.480]  And then when we do get pulled into play against our will, we start scrambling and screaming
[40:34.480 --> 40:38.520]  and panicking because we don't know what to do.
[40:38.520 --> 40:43.720]  Well, this is the Ant and the Grasshopper scenario.
[40:43.720 --> 40:46.600]  You knew winter was coming.
[40:46.600 --> 40:52.480]  You didn't know necessarily when, but you knew there was work to be done and supplies
[40:52.480 --> 41:00.840]  to be stocked up on and in this case supplies is information, okay?
[41:00.840 --> 41:06.720]  Get an education, that's your supplies, but instead we sit around doing all the other
[41:06.720 --> 41:11.000]  things we thought took precedent over what we need to do.
[41:11.000 --> 41:13.920]  It's just like the way we study our Bible.
[41:13.920 --> 41:14.920]  No one does.
[41:14.920 --> 41:15.920]  Why?
[41:15.920 --> 41:18.360]  Because they won't make time to do it.
[41:18.360 --> 41:23.600]  They have it sitting by their bed or laying on their desk, something somewhere.
[41:23.600 --> 41:30.440]  They know it's there, but they'll never make the time to sit down, pick it up and delve
[41:30.440 --> 41:35.160]  into it to understand the Word and will of God.
[41:35.160 --> 41:40.080]  And then they wonder why they don't understand what somebody's talking about when they're
[41:40.080 --> 41:44.920]  discussing Bible verses.
[41:44.920 --> 41:46.320]  It's the same everywhere.
[41:46.320 --> 41:51.800]  Either you spend time getting the information you need to do something or you remain ignorant
[41:51.800 --> 41:52.800]  of it.
[41:52.800 --> 42:03.080]  Today's society has made it extremely dangerous and expensive for us as a people to remain
[42:03.080 --> 42:05.480]  ignorant any longer.
[42:05.480 --> 42:11.320]  Now, Randy, I would like your thoughts on any of this if you want to chime in.
[42:11.320 --> 42:20.600]  Well, I'm looking forward to getting a cohesive structure down.
[42:20.600 --> 42:26.880]  Because primarily what we need, when you stand back and look at this from a distance, it
[42:26.880 --> 42:35.640]  looks extremely difficult and complex and convoluted, and it is.
[42:35.640 --> 42:40.000]  And that's why we need a structure.
[42:40.000 --> 42:44.600]  So we can look at the structure and the one that Eddie's talking about putting together
[42:44.600 --> 42:50.200]  will give us a roadmap so we can look at the map and say, right here is where we're at
[42:50.200 --> 42:53.320]  at this time.
[42:53.320 --> 43:00.080]  And when you can do that, it becomes a lot less complex and a lot less difficult because
[43:00.080 --> 43:04.040]  you're not dealing with the whole thing all at once.
[43:04.040 --> 43:05.320]  Lawyers do this all the time.
[43:05.320 --> 43:10.240]  So they've learned the routines, they've learned the patterns, they've learned the
[43:10.240 --> 43:14.440]  laws that are going to come up, and they've had enough experience with most of them that
[43:14.440 --> 43:22.040]  they can handle them without even breaking a sweat, you on the other hand, you sell them,
[43:22.040 --> 43:29.520]  you almost never experience going before the courts, the only time you do is if you're
[43:29.520 --> 43:30.520]  trafficked.
[43:30.520 --> 43:40.160]  And it certainly appears as though the courts have become, come to a position where they
[43:40.160 --> 43:42.440]  don't want you to come into their courts.
[43:42.440 --> 43:51.160]  And we'll talk about that on the other side, the phone lines are open 646-512-646-1984.
[43:51.160 --> 44:02.320]  Start calling me and it's going to be a long show, we'll be right back on the other side.
[44:02.320 --> 44:06.480]  The Oakland City bombing, top 10 reasons to question the official story.
[44:06.480 --> 44:10.240]  Reason number two, why was the ATF AWOL?
[44:10.240 --> 44:14.800]  Fact, Tiffany Bible, who was on the scene within five minutes, has stated in an affidavit
[44:14.800 --> 44:18.240]  that agents of the Bureau of Alcohol, Tobacco and Firearms told her that they were not in
[44:18.240 --> 44:19.840]  their office that morning.
[44:19.840 --> 44:20.840]  E.N.T.
[44:20.840 --> 44:25.320]  Katherine Mallant also overheard one agent say to another, close, is that why we got the
[44:25.320 --> 44:29.320]  page to not come in today, and quote, through Shaw is interviewed on KSLRTV,
[44:29.320 --> 44:33.960]  he was also told by ATF agents that they had been paged to not come in to work.
[44:33.960 --> 44:39.520]  The ATF initially denied these claims and now variously claim that one of their agents
[44:39.520 --> 44:43.360]  was in a free-falling elevator which has been disproven, or that they had been in an all-night
[44:43.360 --> 44:45.720]  stick out, or that they had been in a golf tournament.
[44:45.720 --> 44:51.360]  As they try to sort out their lives, all we want to know is, did the ATF receive a warning,
[44:51.360 --> 44:56.400]  and if so, why did they not pass it on to others in the world of football?
[44:56.400 --> 44:59.000]  For more information, go to okcfoundandtruth.com.
[44:59.000 --> 45:04.640]  Are you the plaintiff or defendant in a lawsuit?
[45:04.640 --> 45:10.640]  In your case, without an attorney, with Jurisdictionary, the affordable, easy-to-understand four-CD
[45:10.640 --> 45:14.640]  course that will show you how, in 24 hours, step-by-step.
[45:14.640 --> 45:18.640]  If you have a lawyer, know what your lawyer should be doing.
[45:18.640 --> 45:22.640]  If you don't have a lawyer, know what you should do for yourself.
[45:22.640 --> 45:27.640]  Thousands have won with our step-by-step course, and now you can too.
[45:27.640 --> 45:33.640]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:33.640 --> 45:39.640]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:39.640 --> 45:43.640]  principles and practices that control our American courts.
[45:43.640 --> 45:49.640]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.640 --> 45:52.640]  prosay tactics, and much more.
[45:52.640 --> 45:56.640]  Please visit ruleoflawradio.com and click on the banner.
[45:56.640 --> 46:03.640]  Or call toll-free 866-LAW-E-Z.
[46:26.640 --> 46:39.640]  Alright folks, we are back.
[46:39.640 --> 46:41.640]  This is rule of law radio.
[46:41.640 --> 46:45.640]  We do have a couple of callers up on the board, Patrick and Harold.
[46:45.640 --> 46:51.640]  Since we don't have a call streamer, we're going to assume that we're going to be talking to you.
[46:51.640 --> 46:56.640]  So let's go ahead and start with Patrick. Patrick, what can we do for you?
[46:56.640 --> 46:59.640]  Hey, how you guys doing tonight?
[46:59.640 --> 47:01.640]  So far so good.
[47:01.640 --> 47:06.640]  So speaking of ignorance, I'm putting together an affidavit.
[47:06.640 --> 47:08.640]  Yours or theirs?
[47:08.640 --> 47:10.640]  There's.
[47:10.640 --> 47:11.640]  Okay.
[47:11.640 --> 47:13.640]  Both.
[47:13.640 --> 47:19.640]  So we're putting together an affidavit of fact-supporting removal of plea.
[47:19.640 --> 47:22.640]  And any affidavit?
[47:22.640 --> 47:24.640]  You don't need an affidavit.
[47:24.640 --> 47:27.640]  You just need a motion to withdraw.
[47:27.640 --> 47:29.640]  Just do a motion?
[47:29.640 --> 47:31.640]  Yep, motion to withdraw plea.
[47:31.640 --> 47:39.640]  And then you can state the facts as to why the plea is being withdrawn and get followed as a verified pleading.
[47:39.640 --> 47:41.640]  Get that notarized.
[47:41.640 --> 47:43.640]  You don't need an affidavit.
[47:43.640 --> 47:45.640]  An affidavit doesn't move the court to do anything.
[47:45.640 --> 47:52.640]  So we're going to use the motion to refer to the affidavit for the facts, but I guess I could do it either way.
[47:52.640 --> 47:57.640]  Yeah, just do it as a verified pleading in the form of a motion to withdraw.
[47:57.640 --> 48:05.640]  Okay, and if I do that, can I go through and say that I didn't have a 1517 hearing?
[48:05.640 --> 48:09.640]  The judge isn't probably going to completely understand that.
[48:09.640 --> 48:12.640]  It's just a lower level municipal judge.
[48:12.640 --> 48:19.640]  He's going to think that he's doing everything the right way, and when in actuality, he just skips to the arraignment.
[48:19.640 --> 48:28.640]  So when he skips to the arraignment, he at least read the accusation off the ticket to me.
[48:28.640 --> 48:29.640]  Did they give you?
[48:29.640 --> 48:32.640]  Well, the ticket is not sufficient.
[48:32.640 --> 48:35.640]  He can't read you the accusation off the ticket.
[48:35.640 --> 48:39.640]  He has to read you the charge in a charging instrument.
[48:39.640 --> 48:40.640]  Right.
[48:40.640 --> 48:45.640]  In absolute minimum, that means a complaint.
[48:45.640 --> 48:49.640]  I would never call a complaint a charging instrument.
[48:49.640 --> 48:50.640]  Right.
[48:50.640 --> 49:01.640]  But they can't use the citation unless you signed a waiver under 27.14D, allowing them to do that.
[49:01.640 --> 49:08.640]  So your first major argument is and shall remain no notice.
[49:08.640 --> 49:11.640]  Because I didn't have a 1517 hearing, right?
[49:11.640 --> 49:22.640]  No, because you were not served with a written copy of the complaint prior to any proceeding in the prosecution of the case.
[49:22.640 --> 49:27.640]  Did they serve you with a copy of the complaint before you appeared in court?
[49:27.640 --> 49:32.640]  No, they read the citation, which means a complaint didn't even exist.
[49:32.640 --> 49:44.640]  So just like I was talking about at the beginning, if there was nothing vesting the court with jurisdiction, how in the hell could they be holding a proceeding in the first place?
[49:44.640 --> 50:00.640]  Okay, because my understanding was that because they're skipping the magistral process that they were going right to the arraignment and you weren't given a notice for that arraignment, that's how I interpreted it.
[50:00.640 --> 50:04.640]  You're not given notice of anything.
[50:04.640 --> 50:07.640]  We don't care if they send us a notice to come to court.
[50:07.640 --> 50:12.640]  Hey, here's our little form letter saying you need to appear in court on such and such date.
[50:12.640 --> 50:14.640]  That's not notice.
[50:14.640 --> 50:19.640]  Notice has to do with the nature and cause against you.
[50:19.640 --> 50:22.640]  Notice has some requirements, okay?
[50:22.640 --> 50:32.640]  They have nothing to do with the trials or anything of that nature unless they hold one and don't notify you of it.
[50:32.640 --> 50:35.640]  Then that's a separate notice issue.
[50:35.640 --> 50:49.640]  But as far as general notice requirements, let me get into the seminar book here and I'll tell you or the new book and I'll tell you exactly what we're talking about here as far as the requirements on notice.
[50:49.640 --> 51:00.640]  Okay, notice actually has several aspects to it that none of these people are keying into.
[51:00.640 --> 51:06.640]  They're actually intentionally and knowingly depriving you of your right of notice.
[51:06.640 --> 51:14.640]  And so what we have to do is make them regret that action, okay?
[51:14.640 --> 51:22.640]  So let me get this here and we will go from there.
[51:22.640 --> 51:24.640]  Remember what statute it was off in?
[51:24.640 --> 51:26.640]  What statute what is?
[51:26.640 --> 51:29.640]  The notice requirements.
[51:29.640 --> 51:45.640]  1.05, 45.001, 45.018b, 45.019f.
[51:45.640 --> 51:48.640]  Thank you, need any more than that?
[51:48.640 --> 51:51.640]  No, I can look it up.
[51:51.640 --> 51:59.640]  And I know that the ticket doesn't normally, it's not normally a complaint.
[51:59.640 --> 52:01.640]  No, it's never a complaint.
[52:01.640 --> 52:04.640]  Normally has nothing to do with it.
[52:04.640 --> 52:08.640]  The ticket is never a complaint.
[52:08.640 --> 52:11.640]  I don't care what the legislature tried to do.
[52:11.640 --> 52:23.640]  The legislature can't circumvent other statutory and constitutional requirements as to what vests the court with jurisdiction.
[52:23.640 --> 52:26.640]  Okay?
[52:26.640 --> 52:30.640]  So the complaint would have to be from a district attorney.
[52:30.640 --> 52:35.640]  The complaint has to comply with 45.019.
[52:35.640 --> 52:40.640]  All right, the requirements of notice, listen carefully.
[52:40.640 --> 52:43.640]  Notice to be meaningful, it has to follow certain rules.
[52:43.640 --> 52:48.640]  There are two procedural rules and three substantive rules.
[52:48.640 --> 52:50.640]  The procedural rules are simple enough.
[52:50.640 --> 53:00.640]  First, for any instrument, pleading or document to have bearing in a cause of action, it must first be filed in the court record.
[53:00.640 --> 53:09.640]  As far as the court record goes, if the instrument, pleading or document is not properly filed, it simply does not exist in the court.
[53:09.640 --> 53:12.640]  This is the problem with him reading from the citation.
[53:12.640 --> 53:15.640]  Where is the complaint in the record?
[53:15.640 --> 53:21.640]  If it doesn't exist, he's not doing anything that he has jurisdiction to do.
[53:21.640 --> 53:29.640]  Second, the instrument, pleading or document must be served on the opposing party.
[53:29.640 --> 53:35.640]  Until service has been made to the opposing party, notice has not been provided.
[53:35.640 --> 53:41.640]  The opposing party has a right to know what the other side has filed in the cause.
[53:41.640 --> 53:49.640]  And the duty is on the party filing the instrument, pleading or document into the record to ensure notice is properly performed.
[53:49.640 --> 53:57.640]  It is not the other party's responsibility to seek out notice by monitoring the record of the court for changes.
[53:57.640 --> 53:59.640]  Now that's the first two requisites.
[53:59.640 --> 54:07.640]  The other three are the substantive rules can be divided into three specific areas constituting notice.
[54:07.640 --> 54:09.640]  There is proper notice.
[54:09.640 --> 54:19.640]  Proper is, was notice provided in accordance with a method authorized and or required by law?
[54:19.640 --> 54:29.640]  In Texas, 28.01, section three tells you what those proper notice requirements are.
[54:29.640 --> 54:36.640]  They are delivery in open court, hand delivery, or by certified U.S. postal mail.
[54:36.640 --> 54:38.640]  Return receipt requested.
[54:38.640 --> 54:42.640]  Now in the code, it just says by mail.
[54:42.640 --> 54:49.640]  The problem is they cannot prove service if they don't get a return receipt requested.
[54:49.640 --> 54:58.640]  So even if they mail it, they can't prove it was ever received, not without that receipt.
[54:58.640 --> 55:01.640]  Second, sufficient notice.
[55:01.640 --> 55:21.640]  Was the defendant provided with everything that the law gives them a right to have and or that was required to be provided in order to respond, such as the cause number, a copy of the complaint, a copy of the charging instrument,
[55:21.640 --> 55:35.640]  the name and service address of the court allegedly having jurisdiction of the case, the name and service address of opposing counsel, and anything else the law requires you to have to constitute proper notice.
[55:35.640 --> 55:44.640]  If they don't tell you what court or who opposing counsel is, to whom are you supposed to serve your documents?
[55:44.640 --> 55:52.640]  How are you supposed to respond when you have no idea where and who to respond to?
[55:52.640 --> 55:59.640]  Proper notice to be sufficient has to tell you these things.
[55:59.640 --> 56:03.640]  The last requirement is timely notice.
[56:03.640 --> 56:10.640]  Was all of the above completed in a timeframe that was meaningful to due process?
[56:10.640 --> 56:27.640]  For instance, delivery of the complaint or charging instrument the day of trial on the merits is not proper sufficient and timely notice to the defense and therefore constitutes a direct due process violation.
[56:27.640 --> 56:30.640]  You understand all those concepts?
[56:30.640 --> 56:32.640]  I do.
[56:32.640 --> 56:40.640]  Okay, that's the requirement of notice. That's where they fail every single time.
[56:40.640 --> 56:51.640]  They want to say they can just stick the complaint or the charging instrument in the court record and it's your job to come search the court record to get notice.
[56:51.640 --> 56:53.640]  That's wrong.
[56:53.640 --> 56:56.640]  That is so far off the beaten path of common sense.
[56:56.640 --> 56:59.640]  It's not even funny.
[56:59.640 --> 57:06.640]  Okay, they are required to serve you with everything they file.
[57:06.640 --> 57:15.640]  If they don't do that properly, sufficiently and timely, then notice has not been provided.
[57:15.640 --> 57:21.640]  And if there is a lack of notice, there is a lack of impersonal jurisdiction.
[57:21.640 --> 57:32.640]  Which means any judgment obtained when lack of notice exists is void on its face.
[57:32.640 --> 57:34.640]  Got it?
[57:34.640 --> 57:35.640]  Got it.
[57:35.640 --> 57:46.640]  We never stop beating the drum of notice because they never ever do it right.
[57:46.640 --> 57:51.640]  Okay, going back to the complaint, I just don't understand.
[57:51.640 --> 58:02.640]  It says 45.019P that the complaint can be sworn before any officer administers such boats.
[58:02.640 --> 58:10.640]  And I look that up and a peace officer is someone who is authorized to do that.
[58:10.640 --> 58:15.640]  And he had two officers there and other officers.
[58:15.640 --> 58:21.640]  For purposes of a case in a municipal or JP court, look in chapter 45.
[58:21.640 --> 58:26.640]  It tells you specifically who may verify the sworn complaint.
[58:26.640 --> 58:30.640]  And a peace officer is not in the list.
[58:30.640 --> 58:36.640]  Yeah, well, it says that it's municipal court.
[58:36.640 --> 58:38.640]  I think we're going to commercial.
[58:38.640 --> 58:40.640]  Yeah, we're about to go to break Patrick.
[58:40.640 --> 58:43.640]  So hang on and I'll finish that up on the other side.
[58:43.640 --> 58:45.640]  See you there on the board.
[58:45.640 --> 58:46.640]  Please hold on.
[58:46.640 --> 58:47.640]  We'll pick you up on the other side.
[58:47.640 --> 58:52.640]  This is Rune of Law Radio, Randy Kelton, Deborah Stevens, Eddie Craig.
[58:52.640 --> 59:00.640]  We will be right back on the other side of this break.
[59:00.640 --> 59:04.640]  Would you like to make more definite progress in your walk with God?
[59:04.640 --> 59:11.640]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:11.640 --> 59:16.640]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:16.640 --> 59:23.640]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:23.640 --> 59:28.640]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:28.640 --> 59:38.640]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:38.640 --> 59:43.640]  Here are your free New Testament recovery version and Basic Elements of the Christian Life.
[59:43.640 --> 59:50.640]  Call Bibles for America toll free at 888-551-0102.
[59:50.640 --> 59:54.640]  That's 888-551-0102.
[59:54.640 --> 59:59.640]  Or visit us online at bfa.org.
[59:59.640 --> 01:00:04.640]  This news brief brought to you by the International Newsnet.
[01:00:04.640 --> 01:00:10.640]  Twelve people were killed Thursday in Peshawar, Pakistan in a powerful blast at a bus stand.
[01:00:10.640 --> 01:00:13.640]  Dozens more were wounded, at least ten seriously.
[01:00:13.640 --> 01:00:20.640]  Peshawar, located near the border with Pakistan's tribal areas, is a sanctuary for members of the Tariq-e-Taliban,
[01:00:20.640 --> 01:00:24.640]  a group that has been at war with the government for five years.
[01:00:24.640 --> 01:00:34.640]  A report by the Annie E. Casey Foundation Thursday shows nearly eight million U.S. children are living in high poverty according to the latest data from 2010.
[01:00:34.640 --> 01:00:40.640]  In 2000, 6.3 million children lived in high poverty in the U.S., a 25% increase.
[01:00:40.640 --> 01:00:44.640]  Three-quarters of those children have at least one parent working.
[01:00:44.640 --> 01:00:49.640]  Thousands of enraged Afghans took to the streets for a fourth day Friday,
[01:00:49.640 --> 01:00:54.640]  protesting U.S. soldiers setting fire to copies of the Koran.
[01:00:54.640 --> 01:01:01.640]  In the deadliest day of unrest so far, at least 12 people died as demonstrators charged U.S. bases and diplomatic missions.
[01:01:01.640 --> 01:01:10.640]  More than 20 people have been killed since the unrest began, including two U.S. soldiers who died when an Afghan trainee turned his weapon on them.
[01:01:10.640 --> 01:01:18.640]  U.S. soldiers ignored the pleas of laborers employed at Bagram Air Base not to burn dozens of copies of the Koran.
[01:01:18.640 --> 01:01:27.640]  By Ed Jamil told Reuters he was with other workers at a disposal center inside the base when a woman and two men wearing U.S. military uniforms
[01:01:27.640 --> 01:01:31.640]  arrived Monday in a truck piled with religious materials.
[01:01:31.640 --> 01:01:35.640]  One of the laborers noticed the Korans, which the Americans dumped into an oven.
[01:01:35.640 --> 01:01:38.640]  The laborers rushed over to stop the burning.
[01:01:38.640 --> 01:01:42.640]  Jamil said the Americans told them they had orders to dispose of them.
[01:01:42.640 --> 01:01:49.640]  Some people, including two U.S. soldiers, have died as thousands of Afghans have taken to the streets for a fourth day of protests.
[01:01:49.640 --> 01:02:01.640]  The burning of the holy books lasted just five minutes, but that short action could destroy U.S.-led efforts to pacify Afghanistan before NATO troops leave in 2014.
[01:02:01.640 --> 01:02:08.640]  A new paper by the Center for Economic and Policy Research says Greece should consider a planned default and exit from the Euro
[01:02:08.640 --> 01:02:13.640]  if European authorities won't abandon their destructive prescription of austerity.
[01:02:13.640 --> 01:02:20.640]  Lead author Mark Weisbrot said the International Monetary Fund has consistently underestimated the depth of the Greek recession,
[01:02:20.640 --> 01:02:26.640]  adding at some point it becomes rational for Greeks to ask, is the Euro worth this kind of punishment?
[01:02:26.640 --> 01:02:33.640]  The paper discusses the most recent agreement between the Greek government and the so-called Troika, the European Central Bank,
[01:02:33.640 --> 01:02:40.640]  the IMF and the European Commission, which included slashing 150,000 public employees by 2015,
[01:02:40.640 --> 01:02:47.640]  cutting the minimum wage by 20%, and weakening collective bargaining in exchange for a $170 billion loan.
[01:02:47.640 --> 01:03:04.640]  CEPR says the problem is European authorities look at Greece's situation mainly from a creditor's point of view.
[01:03:18.640 --> 01:03:25.640]  It's all according to the will of the Almighty.
[01:03:25.640 --> 01:03:32.640]  I read his book and it says he cares not for the old slightly.
[01:03:32.640 --> 01:03:38.640]  These warm unders come by that time right there.
[01:03:38.640 --> 01:03:43.640]  Alright folks, we are back once again. This is the Googleblog Radio.
[01:03:43.640 --> 01:03:48.640]  Call in number 3. It's 512-646-1884.
[01:03:48.640 --> 01:03:52.640]  And right now we're going to finish up with Patrick in Texas.
[01:03:52.640 --> 01:04:03.640]  Alright Patrick, if you look, you're looking at 45.019D, where it says a complaint may be sworn to before any officer authorized to administer O's.
[01:04:03.640 --> 01:04:12.640]  If you look at 45.019E, you will see that in a municipal court, these are those officers.
[01:04:12.640 --> 01:04:22.640]  The municipal judge, the clerk of the court, or deputy clerk, the city secretary, or the city attorney, or deputy city attorney.
[01:04:22.640 --> 01:04:27.640]  Peace officer is not in the list.
[01:04:27.640 --> 01:04:30.640]  So that means it limits it only to those four?
[01:04:30.640 --> 01:04:32.640]  That's correct.
[01:04:32.640 --> 01:04:38.640]  Okay, I was misreading it as those could also be included on top of the...
[01:04:38.640 --> 01:04:48.640]  Now remember, this is the rule of statutory construction, where you have a general provision, which is the one you're looking at regarding peace officer,
[01:04:48.640 --> 01:04:52.640]  and you have a local specific provision.
[01:04:52.640 --> 01:05:04.640]  The local specific provision takes precedent, unless there is something that specifically states that the general provision is intended to take precedent.
[01:05:04.640 --> 01:05:26.640]  So in this case, E is local and specific to these proceedings in a municipal court, which overrules the general, which would allow a peace officer to be someone who can verify the oath.
[01:05:26.640 --> 01:05:30.640]  Okay.
[01:05:30.640 --> 01:05:35.640]  One more quick question.
[01:05:35.640 --> 01:05:46.640]  So when I went to court as my initial appearance, they give a video presentation, and he went over a bunch of junk, and I didn't really listen that close to it.
[01:05:46.640 --> 01:06:01.640]  And then it dawned on me after when I was putting this paperwork together that maybe they think that that's included, I guess it doesn't matter what they think, but that it's included in part of the process.
[01:06:01.640 --> 01:06:03.640]  That what is included?
[01:06:03.640 --> 01:06:14.640]  That the general videotape with saying what your rights are and so forth is included as part of your appearance before the judge.
[01:06:14.640 --> 01:06:21.640]  I don't see anywhere where a 1517 proceeding is allowed to be conducted by videotape.
[01:06:21.640 --> 01:06:22.640]  Right.
[01:06:22.640 --> 01:06:32.640]  It's required to be conducted by a live magistrate who can do it either in person or over closed circuit video audio systems.
[01:06:32.640 --> 01:06:33.640]  Right.
[01:06:33.640 --> 01:06:43.640]  But there's nothing that says a videotape constitutes proper procedure for a 1517 hearing.
[01:06:43.640 --> 01:06:47.640]  So if it's not authorized tonight, basically.
[01:06:47.640 --> 01:06:55.640]  Well, anything that a public servant does must have authority in law.
[01:06:55.640 --> 01:07:05.640]  If there's no authority in law for what they're doing, then what they're doing is illegal as a matter of law.
[01:07:05.640 --> 01:07:18.640]  Just like us, who can do anything unless the law prohibits it, a public servant can't do anything unless the law gives them the authority to do it.
[01:07:18.640 --> 01:07:23.640]  Right.
[01:07:23.640 --> 01:07:24.640]  Yeah, I certainly understand that.
[01:07:24.640 --> 01:07:30.640]  There's people that argue that, you know, the Constitution doesn't say you could do this or that.
[01:07:30.640 --> 01:07:31.640]  And it doesn't have to.
[01:07:31.640 --> 01:07:35.640]  The Constitution has nothing to do with the rights of the people.
[01:07:35.640 --> 01:07:36.640]  It didn't give us our rights.
[01:07:36.640 --> 01:07:37.640]  Exactly.
[01:07:37.640 --> 01:07:41.640]  It simply told government what rights it can't screw with.
[01:07:41.640 --> 01:07:47.640]  Right.
[01:07:47.640 --> 01:07:53.640]  My rights exist whether the Constitution exists or not.
[01:07:53.640 --> 01:07:57.640]  And the legislature can't change that.
[01:07:57.640 --> 01:08:01.640]  It should have been called the bill of limitations, government limitations.
[01:08:01.640 --> 01:08:03.640]  Yes, that's correct.
[01:08:03.640 --> 01:08:06.640]  Yeah.
[01:08:06.640 --> 01:08:07.640]  Alright, thanks guys.
[01:08:07.640 --> 01:08:08.640]  You're welcome.
[01:08:08.640 --> 01:08:09.640]  Thanks for calling in.
[01:08:09.640 --> 01:08:12.640]  Alright, now we're going to go to Harold in Texas.
[01:08:12.640 --> 01:08:15.640]  Harold, what can we do for you?
[01:08:15.640 --> 01:08:20.640]  Hey, I just got a little bit of information from my son.
[01:08:20.640 --> 01:08:24.640]  He's been charged with a DWI.
[01:08:24.640 --> 01:08:36.640]  He's been told that he has to put something on his car that he does not own.
[01:08:36.640 --> 01:08:42.640]  And since he does not own it, he can't put it on there.
[01:08:42.640 --> 01:09:07.640]  And then he told me that according to the pre-torial, something or other, I have to send him a letter saying to them that I will not allow him to drive my car or travel in my car without having this installed.
[01:09:07.640 --> 01:09:13.640]  I did not have anything to do with the traffic stops.
[01:09:13.640 --> 01:09:15.640]  I don't have anything to do with these.
[01:09:15.640 --> 01:09:19.640]  Okay, let me pick that up.
[01:09:19.640 --> 01:09:20.640]  That is true.
[01:09:20.640 --> 01:09:28.640]  And nothing the court is ordering here binds you in any way.
[01:09:28.640 --> 01:09:29.640]  Exactly.
[01:09:29.640 --> 01:09:31.640]  I have nothing to do with this.
[01:09:31.640 --> 01:09:32.640]  Listen, stop, stop.
[01:09:32.640 --> 01:09:34.640]  It does not bind you.
[01:09:34.640 --> 01:09:36.640]  No, it doesn't.
[01:09:36.640 --> 01:09:39.640]  It only binds him.
[01:09:39.640 --> 01:09:40.640]  Exactly.
[01:09:40.640 --> 01:09:46.640]  It says he can't drive your car unless you do these things.
[01:09:46.640 --> 01:09:50.640]  Now, you're doing those things strictly voluntary.
[01:09:50.640 --> 01:09:51.640]  Yeah, exactly.
[01:09:51.640 --> 01:10:06.640]  Well, you know what, in bottom lines, I'm going to tell them that I will not allow my son to participate in transportation or commerce in my vehicle.
[01:10:06.640 --> 01:10:07.640]  Okay, why are you going to...
[01:10:07.640 --> 01:10:10.640]  Don't call it a vehicle.
[01:10:10.640 --> 01:10:16.640]  Okay, let's not get off topic on nomenclature right now.
[01:10:16.640 --> 01:10:18.640]  Terminology.
[01:10:18.640 --> 01:10:23.640]  Why would you go to the court and tell them anything?
[01:10:23.640 --> 01:10:26.640]  Well, I'm not going to go there anyway.
[01:10:26.640 --> 01:10:29.640]  Okay, you don't have to do anything.
[01:10:29.640 --> 01:10:31.640]  He has to do this.
[01:10:31.640 --> 01:10:43.640]  This is what he will have agreed to do in lieu of going to jail or in lieu of not being able to drive at all.
[01:10:43.640 --> 01:10:48.640]  So what they're doing here, this is not something that's statutory.
[01:10:48.640 --> 01:10:50.640]  This is contractual.
[01:10:50.640 --> 01:10:53.640]  Yeah, absolutely.
[01:10:53.640 --> 01:10:57.640]  Okay, and what is your specific issue with it?
[01:10:57.640 --> 01:11:02.640]  Well, I really don't have an issue other than I don't think I need to do...
[01:11:02.640 --> 01:11:05.640]  What do I have to do with his...
[01:11:05.640 --> 01:11:06.640]  You don't.
[01:11:06.640 --> 01:11:07.640]  You don't have to do anything.
[01:11:07.640 --> 01:11:09.640]  This is not about you at all.
[01:11:09.640 --> 01:11:10.640]  Not at all.
[01:11:10.640 --> 01:11:11.640]  Not at all.
[01:11:11.640 --> 01:11:17.640]  Just to say to him, if you want to drive your dad's car, you're going to have to get your dad to put this in there.
[01:11:17.640 --> 01:11:22.640]  They're not going to order you to put it in there because you can't.
[01:11:22.640 --> 01:11:25.640]  They're just going to tell him, we catch you driving any...
[01:11:25.640 --> 01:11:30.640]  I'm sure they told him, we catch you driving any car without this in there.
[01:11:30.640 --> 01:11:32.640]  You're going back to jail.
[01:11:32.640 --> 01:11:34.640]  You know what bottom line is?
[01:11:34.640 --> 01:11:45.640]  They don't you require every person in the state of Texas to send you a letter saying, I will not allow them to transport in my car.
[01:11:45.640 --> 01:11:47.640]  Why would you do that?
[01:11:47.640 --> 01:11:51.640]  Well, I mean, you know, if they want me to say it, he can't drive.
[01:11:51.640 --> 01:11:53.640]  For the exact same reason, it's not necessary.
[01:11:53.640 --> 01:11:57.640]  It's not any more binding on anybody else than it is on you.
[01:11:57.640 --> 01:11:59.640]  You're missing the point here.
[01:11:59.640 --> 01:12:02.640]  The court is not asking you to do anything.
[01:12:02.640 --> 01:12:05.640]  They're asking me to sign a letter.
[01:12:05.640 --> 01:12:07.640]  No, they're not.
[01:12:07.640 --> 01:12:11.640]  Your son will ask you to sign the letter, not the court.
[01:12:11.640 --> 01:12:19.640]  They're telling the son, if you want to drive that car, you're going to have to get your dad to sign this letter.
[01:12:19.640 --> 01:12:25.640]  Well, that's what the court is telling him he needs to have from me.
[01:12:25.640 --> 01:12:29.640]  This place is no duty of any kind on you.
[01:12:29.640 --> 01:12:32.640]  I have nothing to do with this case.
[01:12:32.640 --> 01:12:34.640]  Right. You have nothing to do with it.
[01:12:34.640 --> 01:12:37.640]  If you don't want him driving your car, they ain't a problem.
[01:12:37.640 --> 01:12:49.640]  Well, you know what, I thought, you know what, I'm going to tell them that my son will not be involved in transportation in any of my vehicles.
[01:12:49.640 --> 01:12:51.640]  Wait a minute.
[01:12:51.640 --> 01:12:55.640]  What is your point here?
[01:12:55.640 --> 01:13:00.640]  Well, my point is, they are trying to put me...
[01:13:00.640 --> 01:13:03.640]  It doesn't sound like the court's trying to start a fight here.
[01:13:03.640 --> 01:13:11.640]  Well, yeah, it is the court, because this is a pretrial establishment court, something or other. What a pretrial.
[01:13:11.640 --> 01:13:23.640]  Yes, the judge has told him, if you don't want to sit in jail until we go to trial, this is a condition of your release.
[01:13:23.640 --> 01:13:26.640]  If you agree to these conditions, we'll let you out of jail.
[01:13:26.640 --> 01:13:30.640]  If not, you can sit in jail. It's strictly up to you.
[01:13:30.640 --> 01:13:37.640]  They're saying that if I don't send in this letter, they will revoke his...
[01:13:37.640 --> 01:13:39.640]  Yeah. What's the problem?
[01:13:39.640 --> 01:13:44.640]  They will provoke his...
[01:13:44.640 --> 01:13:50.640]  Wait a minute. I don't understand this. Why do you have a problem with that?
[01:13:50.640 --> 01:13:55.640]  Well, I don't... Why do I need to be involved in his case?
[01:13:55.640 --> 01:13:57.640]  You don't.
[01:13:57.640 --> 01:13:59.640]  I don't. And so...
[01:13:59.640 --> 01:14:02.640]  No. You're not involved in his case.
[01:14:02.640 --> 01:14:11.640]  Why are they telling him that I have to send him a letter to keep him from having his bond revoked?
[01:14:11.640 --> 01:14:14.640]  Because they can.
[01:14:14.640 --> 01:14:17.640]  It's a contract.
[01:14:17.640 --> 01:14:23.640]  It's strictly voluntary. He can either sign the contract or not sign the contract.
[01:14:23.640 --> 01:14:30.640]  You don't have to get mad at the courts because they'll offer him a contract in lieu of leaving him in jail until trial.
[01:14:30.640 --> 01:14:36.640]  Well, he's out of jail. He's not in jail, but they're threatening to put him back in jail.
[01:14:36.640 --> 01:14:44.640]  Well, they offered him a contract and he hasn't complied with the contract. They'll throw him back in jail.
[01:14:44.640 --> 01:14:50.640]  This is a contract. This isn't about the courts picking on him. He signed it. He agreed to it.
[01:14:50.640 --> 01:14:52.640]  How does it involve me?
[01:14:52.640 --> 01:14:54.640]  It doesn't.
[01:14:54.640 --> 01:14:58.640]  Well, then how am I involved in this?
[01:14:58.640 --> 01:15:01.640]  You're not. Stop making yourself involved.
[01:15:01.640 --> 01:15:04.640]  You sound like you're trying to start a fight.
[01:15:04.640 --> 01:15:08.640]  You don't have... You are making yourself... You don't have anything to do with this.
[01:15:08.640 --> 01:15:11.640]  I don't understand what they are trying to do.
[01:15:11.640 --> 01:15:15.640]  They understand. Everybody's listening fully understands.
[01:15:15.640 --> 01:15:18.640]  This is not hard to understand.
[01:15:18.640 --> 01:15:23.640]  You can either write the letter or not that's strictly up to you.
[01:15:23.640 --> 01:15:28.640]  You're inbound and there's no way to do anything. What is your problem?
[01:15:28.640 --> 01:15:40.640]  Well, I'll write the letter, but I will write the letter saying that I will not allow him to use my vehicle to violate any transportation law.
[01:15:40.640 --> 01:15:44.640]  Well, then write it. What is the problem? You don't have to.
[01:15:44.640 --> 01:15:49.640]  It's not a problem. That's why I called you guys because I want to know what...
[01:15:49.640 --> 01:16:02.640]  Now, Harold, when you do this, what's going to happen if he gets caught in your car and they come after you for letting him use it
[01:16:02.640 --> 01:16:08.640]  and you don't have a clue how to defend against the assertion of transportation?
[01:16:08.640 --> 01:16:12.640]  Do you know how to defend against the assertion of transportation?
[01:16:12.640 --> 01:16:16.640]  Wait a minute. Hold on. This one don't go to transportation.
[01:16:16.640 --> 01:16:20.640]  Only what I've learned from you guys. Only what I've learned from you guys.
[01:16:20.640 --> 01:16:30.640]  I understand. If you're not involved in transportation, transporting, or, you know, taking people somewhere for something...
[01:16:30.640 --> 01:16:39.640]  Okay, listen up here real quick. It does go to transportation because let me finish.
[01:16:39.640 --> 01:16:47.640]  Let me finish. The penal code reference says that you still must be in a motor vehicle as defined by the transportation code.
[01:16:47.640 --> 01:16:55.640]  You are trying to make and get him to make an argument that is absolutely certain to get in prism.
[01:16:55.640 --> 01:17:00.640]  I am not. I am telling you what I stand to say.
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[01:19:17.640 --> 01:19:35.640]  All right, folks, we are back. This is Rule of Law Radio. Right now, we are on talking with Harold.
[01:19:35.640 --> 01:19:55.640]  Now, when you actually go and look at the penal code, which is where this is going to fall under 49.04 and 49.45, we're going to see that it very specifically states while operating a motor vehicle in a public place.
[01:19:55.640 --> 01:20:12.640]  Now, motor vehicle, as far as I know, does not have a definition in the penal code. It doesn't have one in the penal code at all.
[01:20:12.640 --> 01:20:16.640]  Are you there, Harold? Yeah, I'm here.
[01:20:16.640 --> 01:20:30.640]  Okay, so where are they going to get it from? That's my question. I don't have any idea where they're going to get it from.
[01:20:30.640 --> 01:20:48.640]  Okay, in this, it says motor vehicle has the meaning assigned by section 32.34A. So we look in 32.34A, which for some reason in the penal code comes under fraud.
[01:20:48.640 --> 01:21:00.640]  Okay. Now, 32.34A reads as follows, if I can get to it here.
[01:21:00.640 --> 01:21:17.640]  Okay, fraudulent transfer of a motor vehicle. Okay, motor vehicle means a device in or by which a person or property is or may be transported or drawn on a highway, except the device used exclusively on stationary rails or tracks.
[01:21:17.640 --> 01:21:24.640]  That is verbatim the definition from the transportation code. Okay, that's verbatim.
[01:21:24.640 --> 01:21:25.640]  Yeah.
[01:21:25.640 --> 01:21:34.640]  Now, the problem here, however, is that they are never going to allow you to go to transportation.
[01:21:34.640 --> 01:21:35.640]  Okay.
[01:21:35.640 --> 01:21:44.640]  They're never going to allow you to do that. Despite the fact it's the only way they can get motor vehicle, they're never going to allow that to happen.
[01:21:44.640 --> 01:21:49.640]  Now, wait a minute, wait a minute. What statute was that defined in?
[01:21:49.640 --> 01:21:51.640]  32.34 penal code.
[01:21:51.640 --> 01:22:02.640]  Penal code is defined in the penal code and the penal code, it makes no mention of commerce.
[01:22:02.640 --> 01:22:08.640]  No, but it says transported. It's still going with transportation as being necessary.
[01:22:08.640 --> 01:22:24.640]  I know you're now juxtaposing terms. Transported is transported specifically defined in the penal code, I mean in the traffic code or its transportation defined in the traffic code.
[01:22:24.640 --> 01:22:28.640]  No, those terms are not defined in any code anywhere.
[01:22:28.640 --> 01:22:36.640]  Then you'll use the general definition, which is to move from one place to another.
[01:22:36.640 --> 01:22:43.640]  This one goes to the type of conveyance specifically.
[01:22:43.640 --> 01:22:49.640]  And only, does anything about commerce?
[01:22:49.640 --> 01:22:54.640]  Commerce will not be invoked here. Transportation code is not invoked here.
[01:22:54.640 --> 01:23:08.640]  And that's why the DPS can't legally issue the U of I tickets or complaints. Isn't that right, Eddie?
[01:23:08.640 --> 01:23:16.640]  Technically speaking, that's true. But the driving under the influence is also in the transportation code.
[01:23:16.640 --> 01:23:23.640]  They're not issuing under transportation code. They're issuing under penal code.
[01:23:23.640 --> 01:23:25.640]  They're charging under penal code.
[01:23:25.640 --> 01:23:29.640]  Charging, issuing a complaint.
[01:23:29.640 --> 01:23:33.640]  They're issuing the citation, but they're charging under the penal code.
[01:23:33.640 --> 01:23:37.640]  That's okay.
[01:23:37.640 --> 01:23:46.640]  This is hard to talk when you're charging, issuing, okay.
[01:23:46.640 --> 01:23:55.640]  The citation is issued for the violation under the transportation code and possibly the penal code at the same time or one or the other.
[01:23:55.640 --> 01:24:00.640]  I agree. If it's just the penal code, the DPS is out of the picture.
[01:24:00.640 --> 01:24:13.640]  They have no, if they charge them with anything more than a classic misdemeanor, then it goes to the criminal code.
[01:24:13.640 --> 01:24:24.640]  Then the administrative code that assigns authority to DPS officers is very specific in that matter.
[01:24:24.640 --> 01:24:26.640]  The DPS wasn't involved.
[01:24:26.640 --> 01:24:28.640]  The legislature, go ahead.
[01:24:28.640 --> 01:24:31.640]  DPS was not involved. It was a...
[01:24:31.640 --> 01:24:38.640]  Okay, I understand. I wasn't going to that. We were talking about a sort of a side issue related to DUIs.
[01:24:38.640 --> 01:24:45.640]  In the bottom line, DUI, driving and... Come on, Randy.
[01:24:45.640 --> 01:24:51.640]  Randy, you've said so many times, do not admit to driving.
[01:24:51.640 --> 01:24:54.640]  That is a transportation thing.
[01:24:54.640 --> 01:24:55.640]  Okay.
[01:24:55.640 --> 01:25:05.640]  Okay. In this case, under DUI, whether you're driving or whether you're traveling is not relevant.
[01:25:05.640 --> 01:25:12.640]  It doesn't say traveling under the influence. It says driving. It is specific.
[01:25:12.640 --> 01:25:21.640]  You will get your son in prison if you get him to go to court and try to make that argument.
[01:25:21.640 --> 01:25:23.640]  I guarantee it.
[01:25:23.640 --> 01:25:31.640]  I understand that. I mean, this is not something that the words mean anything.
[01:25:31.640 --> 01:25:39.640]  The words do have meaning, but they don't. This is not a transportation code issue.
[01:25:39.640 --> 01:25:45.640]  You're trying to drag a definition out of the transportation code and stick it into the penal code.
[01:25:45.640 --> 01:25:48.640]  As we should. We should drag everything.
[01:25:48.640 --> 01:25:50.640]  No, we should not.
[01:25:50.640 --> 01:25:52.640]  I think we should.
[01:25:52.640 --> 01:25:58.640]  Then we can go to any code we want, drag any definition we want, and sling it around everywhere.
[01:25:58.640 --> 01:26:01.640]  We have people in the legal reform community doing this.
[01:26:01.640 --> 01:26:10.640]  Primarily, they'll go to the IRS code, pull a statute, a definition out of the IRS code, and try to use it all over the place.
[01:26:10.640 --> 01:26:21.640]  I had several people call me trying to get it, keep them going to jail for using these definitions in places where they absolutely did not belong.
[01:26:21.640 --> 01:26:31.640]  These kinds of things are getting frustrating and scary because people are being cautious.
[01:26:31.640 --> 01:26:44.640]  Randy, I understand. Look, we're going to go to jail for things that are not law because people say they are and they're not.
[01:26:44.640 --> 01:27:05.640]  There was an issue a little while back where somebody offered somebody $50,000 to prove that there was a code or a law that said there is absolutely, you can go to jail for not following the IRS law.
[01:27:05.640 --> 01:27:12.640]  And $50,000 later, the girl could not come up with that answer.
[01:27:12.640 --> 01:27:21.640]  Bottom line, she said, oh, you know what? I thought it was a law. It wasn't a law.
[01:27:21.640 --> 01:27:23.640]  Okay.
[01:27:23.640 --> 01:27:32.640]  Yeah, that was Sherry Jackson responding to the challenge on whether or not the IRS code made someone libel to pay the income tax.
[01:27:32.640 --> 01:27:44.640]  Yeah. And you know what? She comes to the conclusion when she knew it was, yes, there is a law, and then when she looked deep into it, she said, you know what?
[01:27:44.640 --> 01:27:46.640]  There is one.
[01:27:46.640 --> 01:27:48.640]  There isn't one.
[01:27:48.640 --> 01:27:50.640]  Yes, sir. It's right up there in the front.
[01:27:50.640 --> 01:27:51.640]  She said.
[01:27:51.640 --> 01:28:08.640]  Okay, this is a different argument. You're going to a distinction. You're saying there is no law making an ordinary person who's not an employee of the government or in one of the territories.
[01:28:08.640 --> 01:28:12.640]  She was an employee of the IRS.
[01:28:12.640 --> 01:28:23.640]  Okay, well, I read it right there in 26. There's not one. Right at the beginning of section 26. I'm not going to try to quote it here, but it's right there in the code.
[01:28:23.640 --> 01:28:31.640]  If you're an employee of the federal government, the federal government gives you this money.
[01:28:31.640 --> 01:28:43.640]  You're involved with the company that makes the law, then you are required to fulfill the law. But if you're not an employee, you're not subject to their law.
[01:28:43.640 --> 01:28:57.640]  That's exactly where I'm going and everybody's missing the point. What is your employment code as listed in your master file?
[01:28:57.640 --> 01:29:00.640]  I'm not sure I have a master file.
[01:29:00.640 --> 01:29:15.640]  I have a master file and you have an employment code in there. And if you go look at that employment code, you'll find that you work for the federal government or you are in an occupation that is taxable according to the IRS code.
[01:29:15.640 --> 01:29:18.640]  I'm not employed by the government.
[01:29:18.640 --> 01:29:25.640]  I don't care, but you say the IRS maintains a record that says you are. It's fraudulent, but it's there.
[01:29:25.640 --> 01:29:30.640]  Exactly. The key word is they're fraudulent.
[01:29:30.640 --> 01:29:37.640]  What you're doing is doing a little dance here.
[01:29:37.640 --> 01:29:45.640]  The code itself, the way it's constructed, hasn't listed as a taxpayer. I was explaining how that works.
[01:29:45.640 --> 01:29:48.640]  I don't care if they list me as a taxpayer.
[01:29:48.640 --> 01:30:00.640]  Are you a taxpayer? It's because they say it?
[01:30:00.640 --> 01:30:07.640]  A noble lie, Oklahoma City, 1995 will change forever the way you look at the true nature of terrorism.
[01:30:07.640 --> 01:30:11.640]  Based on the damage patting to the building, but the government says it's impossible.
[01:30:11.640 --> 01:30:14.640]  The grand jury did not want to hear anything I had to say.
[01:30:14.640 --> 01:30:18.640]  The decision was made not to pursue any more of those individuals.
[01:30:18.640 --> 01:30:22.640]  Some of these columns were ripped up, shredded, tossed around.
[01:30:22.640 --> 01:30:26.640]  The people that did the things they did, knew doggone well what they were doing.
[01:30:26.640 --> 01:30:32.640]  Expose the cover up now at anoblelie.com.
[01:30:32.640 --> 01:30:38.640]  Public schools are supposed to teach students to think, which they dictate how they think and process information.
[01:30:38.640 --> 01:30:46.640]  I'm Dr. Catherine Albert and I'll be back to share the saga of a Texas sixth grader who said no to a mandatory thought processing system.
[01:30:46.640 --> 01:30:51.640]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:51.640 --> 01:30:56.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
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[01:31:01.640 --> 01:31:04.640]  Privacy, it's worth hanging on to.
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[01:31:42.640 --> 01:31:47.640]  This is multiple times for disrespect, despite solving all the problems and being polite about it.
[01:31:47.640 --> 01:31:54.640]  The disrespect seems to be running the other way. Our schools should create independent thinkers, not mindless drones.
[01:31:54.640 --> 01:32:13.640]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:24.640 --> 01:32:29.640]  Okay.
[01:32:29.640 --> 01:32:34.640]  We're back. Randy Kelton, Debussy, David Laredo.
[01:32:34.640 --> 01:32:38.640]  Kind of going around in a circle.
[01:32:38.640 --> 01:32:44.640]  I wouldn't try to get out of these circles. There's something going on here.
[01:32:44.640 --> 01:32:52.640]  We don't get to go into a court and quote law.
[01:32:52.640 --> 01:33:01.640]  And then when the law doesn't appear to land the way we want it to, we don't just get to say, oh, well, I don't agree with that law.
[01:33:01.640 --> 01:33:05.640]  Therefore it doesn't apply to me.
[01:33:05.640 --> 01:33:11.640]  Law is kind of like Mother Nature. Mother Nature enforces all of her laws all of the time.
[01:33:11.640 --> 01:33:15.640]  And this is how the IRS has been beating us up.
[01:33:15.640 --> 01:33:19.640]  And this is one way everybody seems to be missing this part.
[01:33:19.640 --> 01:33:26.640]  When Tom Crier went in and told the court show me the law, I could have showed it to him.
[01:33:26.640 --> 01:33:38.640]  Just get out his master file. And, you know, I, assuming I'm an IRS agent, they give me this guy, they say, you need to look into his tax burden.
[01:33:38.640 --> 01:33:46.640]  And he goes and pulls out the master file and says, well, what does this guy do that makes him liable to the tax?
[01:33:46.640 --> 01:33:50.640]  And he reads this code in there and goes down the charts.
[01:33:50.640 --> 01:33:59.640]  I have a friend who thinks he's an all state insurance salesman in Austin, Texas, but he's not.
[01:33:59.640 --> 01:34:05.640]  What he really is is a narcotic salesman in the Virgin Islands.
[01:34:05.640 --> 01:34:08.640]  A government employee.
[01:34:08.640 --> 01:34:12.640]  That's what the tax code says.
[01:34:12.640 --> 01:34:21.640]  So as long as that is in the tax code, he is presumed to be a government employee.
[01:34:21.640 --> 01:34:25.640]  And you can go in and argue the code all you want to.
[01:34:25.640 --> 01:34:27.640]  Yeah, I understand that.
[01:34:27.640 --> 01:34:31.640]  So we got to go in first, get that out of there.
[01:34:31.640 --> 01:34:39.640]  Once you get that out of there, then you are absolutely right. There's nothing that makes you liable.
[01:34:39.640 --> 01:34:50.640]  Until we get that one. And as far as you saw in Franklin, if I seem excited about it, it scares me because we do have to be careful.
[01:34:50.640 --> 01:34:52.640]  No problem.
[01:34:52.640 --> 01:35:02.640]  In the real world, I get a lot of information from you and I get a whole lot of information from Eddie.
[01:35:02.640 --> 01:35:27.640]  And I just think that there's a lot of information that we have to collectively collect and begin to apply appropriately so that we get out from under this government that is trying to suggest us all to their thinking.
[01:35:27.640 --> 01:35:41.640]  Yeah, well, yeah, and you know, as I look at it, and I've been researching this for some 30 years, I think the most frustrating part is there's no demon out here.
[01:35:41.640 --> 01:35:55.640]  There's no real bad guy that I can isolate out and point to and demonize beyond all retro beyond all.
[01:35:55.640 --> 01:36:03.640]  I lost the word. Anyway, and someone I can rail at and write this indignation, there's not somebody out there like that.
[01:36:03.640 --> 01:36:06.640]  No, there's not one.
[01:36:06.640 --> 01:36:08.640]  No, this thing.
[01:36:08.640 --> 01:36:13.640]  There's no demons out there. I mean, it may be a couple of real demons.
[01:36:13.640 --> 01:36:14.640]  No good.
[01:36:14.640 --> 01:36:16.640]  They just don't look like demons.
[01:36:16.640 --> 01:36:26.640]  Okay, there may be a couple of real rotten rascals out there somewhere, but there's only a couple of them. They just get around a lot.
[01:36:26.640 --> 01:36:44.640]  Most of what I find are ordinary people put in governmental positions and trained to function in a way that they know full well stinks to high heaven.
[01:36:44.640 --> 01:36:47.640]  But they didn't create the system.
[01:36:47.640 --> 01:36:52.640]  Most of them don't think they know more than the system.
[01:36:52.640 --> 01:36:55.640]  Everybody else is doing it this way.
[01:36:55.640 --> 01:37:03.640]  My local justice of the peace, I sat down with him and walked through the code with him.
[01:37:03.640 --> 01:37:12.640]  And prior to being a justice of the peace, he was a captain on the Sheriff's Department, a 20 year career law enforcement.
[01:37:12.640 --> 01:37:24.640]  And he said to me, Mr. Kelton, are you telling me that everybody else in Texas is wrong in your right?
[01:37:24.640 --> 01:37:28.640]  I said, don't ask me, Mark, read the code. There it is.
[01:37:28.640 --> 01:37:36.640]  He said, but since my entire career, we've been doing it this way, I said, understand how you've been doing it.
[01:37:36.640 --> 01:37:43.640]  But this is what the code says. It is very, very clear what it says.
[01:37:43.640 --> 01:37:47.640]  And he said, no, Mr. Kelton, you're missing something.
[01:37:47.640 --> 01:37:55.640]  And this is after I had been researching this one topic for 15 years, and I had absolutely missed nothing.
[01:37:55.640 --> 01:38:08.640]  Now, Mark Autry, I think he would do what he believed to be right for the Pope. He was not the bad guy.
[01:38:08.640 --> 01:38:14.640]  But he was inside a system, trapped inside it.
[01:38:14.640 --> 01:38:17.640]  And he knew it had problems. They didn't know what they were.
[01:38:17.640 --> 01:38:24.640]  And when I come to him waving my arms and railing in righteous indignation, he liked me.
[01:38:24.640 --> 01:38:35.640]  He trusted my research. But there's this thing back there that tells him there has to be something you missed,
[01:38:35.640 --> 01:38:43.640]  because the system just cannot be wrong. That's our hurdle.
[01:38:43.640 --> 01:39:00.640]  And Randy, the Newenburg trials in the 40s after the end of World War II, people that said, I just followed orders were convicted.
[01:39:00.640 --> 01:39:02.640]  I understand that.
[01:39:02.640 --> 01:39:06.640]  And the same situation going on now.
[01:39:06.640 --> 01:39:12.640]  Yes. So how has convicting those people fixed the problem?
[01:39:12.640 --> 01:39:22.640]  It didn't fix the problem, but we want to get to the point where we fix it before it gets to that point.
[01:39:22.640 --> 01:39:29.640]  I'm trying to offer a solution to the problem rather than passing judgment on people.
[01:39:29.640 --> 01:39:38.640]  I'm not passing judgment. I'm just saying avoid this situation.
[01:39:38.640 --> 01:39:39.640]  How?
[01:39:39.640 --> 01:39:51.640]  You don't have to get how by informing people that when you want to obey orders versus thinking.
[01:39:51.640 --> 01:39:58.640]  Okay. How do you get that done? You know, I've been trying to do this for 30 years now.
[01:39:58.640 --> 01:40:05.640]  Education. It doesn't stop. I don't care if you've done it in 30 years or 50 years.
[01:40:05.640 --> 01:40:06.640]  Okay. Stop.
[01:40:06.640 --> 01:40:08.640]  Education.
[01:40:08.640 --> 01:40:12.640]  I'm suggesting there are other tools you can use.
[01:40:12.640 --> 01:40:13.640]  Like what?
[01:40:13.640 --> 01:40:18.640]  The thing of education is how do we get people educated?
[01:40:18.640 --> 01:40:23.640]  Well, information. Bottom line, information.
[01:40:23.640 --> 01:40:28.640]  And that's not working. We've been doing that and it's not working.
[01:40:28.640 --> 01:40:32.640]  Well, it may not be working, but you've got to continue to do that.
[01:40:32.640 --> 01:40:50.640]  Well, I'm reading this article about an experiment this university did to determine how well humans could learn to maze relative to rats.
[01:40:50.640 --> 01:40:55.640]  So they built two mazes exactly alike. One human size, one rat size.
[01:40:55.640 --> 01:41:02.640]  And they put cheese at the end of the rat size maze and timed how long to take the rat to run the maze.
[01:41:02.640 --> 01:41:09.640]  And they put $5 at the end of the human size maze and ran college students through it.
[01:41:09.640 --> 01:41:17.640]  Well, they found out that both of them learned the maze at statistically the same rate.
[01:41:17.640 --> 01:41:20.640]  So they shut down the experiment.
[01:41:20.640 --> 01:41:28.640]  And then they had to stop talking over me.
[01:41:28.640 --> 01:41:32.640]  Okay. Look, two of us cannot talk at the same time.
[01:41:32.640 --> 01:41:36.640]  Let me finish this.
[01:41:36.640 --> 01:41:43.640]  They finished the experiment and had to go in and tear down the human size maze.
[01:41:43.640 --> 01:41:49.640]  When they stopped putting rats at the end of the rat size maze, the rats stopped running it.
[01:41:49.640 --> 01:42:02.640]  When they stopped putting money at the end of the human size maze, college students were breaking in at night and running the maze, hoping maybe $5 and somehow show up there.
[01:42:02.640 --> 01:42:12.640]  People have this thing that if we do something and we think it should work and it doesn't, we do it harder.
[01:42:12.640 --> 01:42:24.640]  I am suggesting that we might try something a little different.
[01:42:24.640 --> 01:42:43.640]  But what I'm suggesting is that we stop going to our public officials and trying to teach them that we start enforcing our position as the master.
[01:42:43.640 --> 01:42:50.640]  Well, I understand that. That's a good thing. I understand that.
[01:42:50.640 --> 01:43:00.640]  The reason I prefaced it with, you know, I don't think these guys are bad guys because that's not good for us.
[01:43:00.640 --> 01:43:09.640]  But if we get a few of them indicted, we need to do it from a Christian perspective.
[01:43:09.640 --> 01:43:15.640]  It's not because I'm angry at you. It's not because I think you're bad or any of those things.
[01:43:15.640 --> 01:43:29.640]  But you like one of my grandkids. I love my grandkids dearly. But if one of them runs out in the road, I'm fixing to turn his hide.
[01:43:29.640 --> 01:43:37.640]  Now, he may not like it. We not intended that he should. But I'm not doing it out of anger.
[01:43:37.640 --> 01:43:45.640]  It keeps us focused. On the next square, we're going to come back from break.
[01:43:45.640 --> 01:43:53.640]  I've got a subject I wanted to talk about a bit. It has to do with some of the research I've been doing.
[01:43:53.640 --> 01:44:08.640]  This is Randy Calderon, David Craig, moved by radio. Phone lines are open. 512-666.
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[01:46:21.640 --> 01:46:31.640]  If this is your job and everything is in great new law radio, there is a subject I would like to address.
[01:46:31.640 --> 01:46:39.640]  I think most of the listeners know that I'm doing a lot of work in the foreclosure area at the moment.
[01:46:39.640 --> 01:46:50.640]  Although due process is my primary area of research, I've gotten into foreclosure and we've been doing some interesting research lately.
[01:46:50.640 --> 01:47:01.640]  When we first started taking on the banks, we were being ruled against out of hand at every turn.
[01:47:01.640 --> 01:47:14.640]  And I designed a way to go after the banks with the expectation that the courts would rule against us out of hand at every turn.
[01:47:14.640 --> 01:47:21.640]  And for the most part, they didn't disappoint us, at least for the first year and a half or so.
[01:47:21.640 --> 01:47:31.640]  No matter what we plead, no matter what we put in front of them, when you file a suit in the federal court at least,
[01:47:31.640 --> 01:47:40.640]  the attorneys on the other side, as a matter of course, will file a motion to dismiss for failure of state acclaim of which cover can be had.
[01:47:40.640 --> 01:47:51.640]  And the judge, no matter what you plead, will rule against you simply because you're a prostitutist.
[01:47:51.640 --> 01:47:58.640]  We understand that and we expect that, but we can still find a certain amount of remedy.
[01:47:58.640 --> 01:48:03.640]  For the most part, we'd keep people in their homes and hold the banks off.
[01:48:03.640 --> 01:48:16.640]  Our plan and purpose was to hold the banks off until all these improprieties that they have been doing began to come to light.
[01:48:16.640 --> 01:48:21.640]  And we predicted that they would and that's exactly what's been happening.
[01:48:21.640 --> 01:48:24.640]  So now we're looking at taking the next step.
[01:48:24.640 --> 01:48:30.640]  Now I'm looking at more than just being able to run a stalling action.
[01:48:30.640 --> 01:48:35.640]  Now it's time to take these guys to task.
[01:48:35.640 --> 01:48:41.640]  And what we're doing now is we're looking at the court records.
[01:48:41.640 --> 01:48:57.640]  Anybody who's been listening to the news has been hearing a lot in the news about these improper foreclosures in the banks producing forged documents and essentially the mess that they have made.
[01:48:57.640 --> 01:49:08.640]  We've been making this argument a long time, but it wasn't in the public venue and judges are extremely conservative.
[01:49:08.640 --> 01:49:23.640]  Now, while I think they're absolutely corrupt, even so, even if we have attorneys on both sides that were not stuck with the pros and bias, the judges are still very conservative.
[01:49:23.640 --> 01:49:34.640]  And they're conservative in the their approach to the foreclosure issue, primarily because of the history.
[01:49:34.640 --> 01:49:49.640]  For the last 200 years or so, it has been such that a lending institution would make a loan to a borrower for the purchase of a property.
[01:49:49.640 --> 01:49:59.640]  And then over a period of time, the lending institution would collect that money back.
[01:49:59.640 --> 01:50:13.640]  And the law became very well established that the lean document, whether it's called a deed of trust or a mortgage, depending on what state you're in, they'll call it one or the other.
[01:50:13.640 --> 01:50:20.640]  But it is the document that establishes a claim against the property of the borrower.
[01:50:20.640 --> 01:50:31.640]  It was the history, the last 200 years of history was such that the lean followed the note.
[01:50:31.640 --> 01:50:34.640]  The note is the promise to pay.
[01:50:34.640 --> 01:50:48.640]  And the person holding the promise to pay also held a note that said that if this person who's promised to pay you didn't pay you, then you can exercise this lean.
[01:50:48.640 --> 01:51:02.640]  Well, the leans all have in them and the note itself, the provision that allows the lender to sell this obligation.
[01:51:02.640 --> 01:51:08.640]  The note is an obligation and he can sell it to another party.
[01:51:08.640 --> 01:51:14.640]  And this is where the banks got into a problem.
[01:51:14.640 --> 01:51:28.640]  When the lender sells the note to a third party, they don't sell the lean document, the lean document attaches to the note.
[01:51:28.640 --> 01:51:31.640]  Well, at least that was the intent.
[01:51:31.640 --> 01:51:45.640]  It was the intent that when you sell the note, the lean follows the note because the lean only allows you to collect on the promise in the event the promise is not kept.
[01:51:45.640 --> 01:51:56.640]  Well, in the late 90s, early 2000, the banks come up with this really neat strategy.
[01:51:56.640 --> 01:52:03.640]  You've got all of these long term notes that the banks are holding.
[01:52:03.640 --> 01:52:11.640]  And then they have all of these investors, primarily retirement funds, that have money in long term investments.
[01:52:11.640 --> 01:52:15.640]  They need a place to put it.
[01:52:15.640 --> 01:52:20.640]  So they saw this as a match, a perfect match.
[01:52:20.640 --> 01:52:31.640]  You take the consumer based real property mortgage and sell it to these investment companies.
[01:52:31.640 --> 01:52:40.640]  And the investment companies would combine them all into a large investment vehicle.
[01:52:40.640 --> 01:52:42.640]  I think of it like hero sandwiches.
[01:52:42.640 --> 01:52:45.640]  Anybody ever bought a hero sandwich?
[01:52:45.640 --> 01:52:52.640]  They go down to buy a hero sandwich and he's got this big slab of meat and you take little slices off of it.
[01:52:52.640 --> 01:53:03.640]  Well, the pool, they take all these notes and pull them into one large group and then sell off pieces like slices of meat.
[01:53:03.640 --> 01:53:12.640]  The problem with that was is that it created lots of transfers of ownership.
[01:53:12.640 --> 01:53:23.640]  It was the history that if you sell the note to a third party, if you would say you're the originator of the note, you're the lender,
[01:53:23.640 --> 01:53:31.640]  and you get the promise to pay and you get a lien to enforce the promise to pay.
[01:53:31.640 --> 01:53:39.640]  If you sell that promise to pay, then you no longer have a promise to you.
[01:53:39.640 --> 01:53:42.640]  The promise has been fulfilled.
[01:53:42.640 --> 01:53:46.640]  That note has been paid off to you in full.
[01:53:46.640 --> 01:53:56.640]  Regardless of what you paid, you made an offer and the purchaser made acceptance.
[01:53:56.640 --> 01:53:59.640]  So you accepted consideration no matter what it was.
[01:53:59.640 --> 01:54:07.640]  And generally it has been 103% of the face value of the note.
[01:54:07.640 --> 01:54:14.640]  And he transfers that when he sells it to a third party and receives consideration.
[01:54:14.640 --> 01:54:30.640]  What he's supposed to do is file in the record a release of lien and file in the record a statement showing that the note has been paid in full.
[01:54:30.640 --> 01:54:37.640]  A lot of people look in the court record and they see these documents and they say, oh, goodie, goodie, look, my note's been paid off.
[01:54:37.640 --> 01:54:41.640]  Well, that's not exactly what it means.
[01:54:41.640 --> 01:54:49.640]  What it means is he sold this to somebody else and they paid him off, so he's been paid off.
[01:54:49.640 --> 01:54:52.640]  But the obligation is still out there.
[01:54:52.640 --> 01:55:09.640]  And whoever purchased it then must come at approximately the same time the originator of the note files the release of lien.
[01:55:09.640 --> 01:55:19.640]  He should come and file a notice that he now holds the note and the lien and filed that in the court record.
[01:55:19.640 --> 01:55:35.640]  And this was so that you as the payee or the borrower always knew where your note was because when you're finished, you're going to want that note back.
[01:55:35.640 --> 01:55:54.640]  We had somebody the other day talking about years ago, they used to have mortgage note-burning parties that when they would pay off their note, they'd get the note back and then go burn it and have a big party and they'd burn this note.
[01:55:54.640 --> 01:56:01.640]  That way they could be sure that no one else would bring that note and try to collect on it.
[01:56:01.640 --> 01:56:13.640]  Well, with this new strategy, the way they sold these things, the investor was not interested in doing collections.
[01:56:13.640 --> 01:56:18.640]  They wanted somebody else to do the collections for him, so they hired these servicers.
[01:56:18.640 --> 01:56:27.640]  And the servicer may be the original lender, but he sold the note and now he doesn't have any interest in the note.
[01:56:27.640 --> 01:56:42.640]  And they want him to do the collections, but in order to do the collections, he has to have the lien document in his name so that he has power to exercise the lien document.
[01:56:42.640 --> 01:56:57.640]  It was intended that the lien follow the note in the original scheme where a bank issued a note and then collected on the note.
[01:56:57.640 --> 01:57:05.640]  Then if they transferred it to another bank, say this bank goes out of business, they transferred to another bank, then that bank holds the note and collects on the note.
[01:57:05.640 --> 01:57:14.640]  That's what it was for 200 years and when it changed, that wasn't economically feasible.
[01:57:14.640 --> 01:57:19.640]  So the lender split the lien document from the note.
[01:57:19.640 --> 01:57:24.640]  Well, there was no adequate law addressing those issues.
[01:57:24.640 --> 01:57:50.640]  So when we asked the court to render rulings on this new style of doing business, they tended to revert back to the way it had always been done and say whoever holds the note can collect with the presumption that they also held the note itself.
[01:57:50.640 --> 01:57:58.640]  And that wasn't the case, but judges are very conservative and they're very slow to change the law.
[01:57:58.640 --> 01:58:04.640]  So it's taken a year, a year and a half here to finally get this hammered through.
[01:58:04.640 --> 01:58:16.640]  Now we're beginning to get rulings from the court on this issue and I know it seems like I went into a lot of detail here, but this is an important concept to understand.
[01:58:16.640 --> 01:58:29.640]  We're about to go to break and when I come back, I'll go to what we should go to the court to the county registrar's office and look for in the court record.
[01:58:29.640 --> 01:58:36.640]  What to look for that's that when you find it there and what to look for that's missing.
[01:58:36.640 --> 01:58:40.640]  And what's missing is more telling than what's in there.
[01:58:40.640 --> 01:59:00.640]  This is Randy Kelz and David Stevens and Greg Lufo Radio. Phone lines are open. Bible 22646 in 1984. We'll be right back on the other side.
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