[00:00.000 --> 00:05.000]  Could you get hooked on your tanning salon?
[00:05.000 --> 00:07.000]  A new study suggests so.
[00:07.000 --> 00:11.000]  In fact, researchers say tanning may be as addictive as drugs.
[00:11.000 --> 00:15.000]  I'm Dr. Catherine Albrecht and I'll have the not-so-sunny details in a moment.
[00:15.000 --> 00:17.000]  Privacy is under attack.
[00:17.000 --> 00:21.000]  When you give up data about yourself, you'll never get it back again.
[00:21.000 --> 00:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.000 --> 00:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:31.000 --> 00:34.000]  Privacy, it's worth hanging on to.
[00:34.000 --> 00:37.000]  This public service announcement is brought to you by StartPage.com,
[00:37.000 --> 00:41.000]  the private search engine alternative to Google, Yahoo, and Bing.
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[01:11.000 --> 01:18.000]  If you pay cash at a flea market in Louisiana, you can wind up in jail.
[01:18.000 --> 01:20.000]  That's right, jail.
[01:20.000 --> 01:22.000]  I'm Dr. Catherine Albrecht.
[01:22.000 --> 01:32.000]  More news and information at CatherineAlbrecht.com.
[01:32.000 --> 01:36.000]  If you pay cash at a flea market in Louisiana, you can wind up in jail.
[01:36.000 --> 01:38.000]  That's right, jail.
[01:38.000 --> 01:41.000]  I'm Dr. Catherine Albrecht, and I'll tell you about a draconian law
[01:41.000 --> 01:44.000]  that bans paper money in the buy-you stage next.
[01:44.000 --> 01:46.000]  Privacy is under attack.
[01:46.000 --> 01:50.000]  When you give up data about yourself, you'll never get it back again.
[01:50.000 --> 01:55.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:55.000 --> 02:00.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:00.000 --> 02:03.000]  Privacy, it's worth hanging on to.
[02:03.000 --> 02:08.000]  This message is brought to you by StartPage.com, the private search engine alternative
[02:08.000 --> 02:10.000]  to Google, Yahoo, and Bing.
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[02:40.000 --> 02:43.000]  Even stuff bought on eBay and Craigslist.
[02:43.000 --> 02:49.000]  Louisiana already has laws against stealing and penalizes people for dealing in stolen property.
[02:49.000 --> 02:53.000]  Can't law enforcement do its job without stepping on our personal liberties?
[02:53.000 --> 03:02.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[03:02.000 --> 03:11.000]  Bad boys, what do you want?
[03:11.000 --> 03:12.000]  What's what you want?
[03:12.000 --> 03:14.000]  What's what you're going to do?
[03:14.000 --> 03:20.000]  When you show the sun, don't call for you.
[03:20.000 --> 03:23.000]  Tell me, what do you want to do?
[03:23.000 --> 03:28.000]  What are you going to do?
[03:28.000 --> 03:31.000]  Bad boys, bad boys, what you going to do?
[03:31.000 --> 03:33.000]  What you going to do when they come for you?
[03:33.000 --> 03:35.000]  Bad boys, bad boys, what you going to do?
[03:35.000 --> 03:38.000]  What you going to do when they come for you?
[03:38.000 --> 03:43.000]  When you were eight and you had bad treats, or got to school and learned to go,
[03:43.000 --> 03:44.000]  then you're neweless.
[03:44.000 --> 03:50.000]  So why are you acting like a bloody fool if you get it, and you must just cruise behind?
[03:50.000 --> 03:52.000]  Bad boys, bad boys, what you going to do?
[03:52.000 --> 03:55.000]  What are you going to do when they come for you?
[03:55.000 --> 03:58.000]  Bad boys, bad boys, what you going to do?
[03:58.000 --> 04:22.840]  Okay, here it is, Thursday nights, the 18th of May in 2012,
[04:22.840 --> 04:29.240]  News of Law Radio, Randy Calton, Dennis Stevens, Eddie Craig, and the whole gang's here tonight.
[04:29.240 --> 04:37.920]  We hope to have a good show for you. I wanted to start out the show by talking about a little
[04:37.920 --> 04:46.880]  trip I made down to South Texas this week. I went down to, had someone call me about
[04:46.880 --> 04:53.840]  an issue in Galveston and I began looking at their procedures. I talked about this last week,
[04:53.840 --> 04:59.480]  but I want to talk about it a little more because of some of the things that's been going on.
[04:59.480 --> 05:09.840]  I was frankly very surprised at what I found down there. When I first started looking at
[05:09.840 --> 05:21.560]  what was going on, we had someone who was charged with a felony for contact with an officer without
[05:21.560 --> 05:30.560]  injury and that cannot be charged as a felony. A person was arrested, they were held in jail,
[05:30.560 --> 05:40.160]  and released by the officers on bail without ever going before a magistrate. That forced me
[05:40.160 --> 05:45.840]  to read some statutes that I had known about for a long time and just never quite got around
[05:45.840 --> 05:52.760]  to re-reading them. There are circumstances where a police officer can release someone
[05:52.760 --> 06:01.520]  on bail without them seeing a magistrate. That is, of course, if you get a ticket, and you
[06:01.520 --> 06:09.000]  sign a ticket and a degree appear, they can release you without going before a magistrate.
[06:09.000 --> 06:19.600]  Or if you are arrested and the court is not in session, if you were arrested on a misdemeanor
[06:19.600 --> 06:28.800]  and the court is not in session, then the police officer or the sheriff can release you
[06:28.800 --> 06:38.920]  on what he considers to be a sufficient bail. But the reason for that is no longer something
[06:38.920 --> 06:44.400]  that occurs anymore because we used to have circuit judges. When the state wasn't quite
[06:44.400 --> 06:53.440]  so populated as it is today, we had judges that wrote circuit. When the judge came into
[06:53.440 --> 07:00.920]  a particular jurisdiction, then the court would come into session. When he left, the
[07:00.920 --> 07:05.240]  court was out of session. It's another in session all the time, so that is no longer
[07:05.240 --> 07:16.800]  something that can occur. And the only other time is an officer can release you on a penalty
[07:16.800 --> 07:25.240]  if the court has already established bail for that particular offense. And in this case,
[07:25.240 --> 07:31.520]  as far as you can tell, there was no such offense. And what I mean is such a bail setting.
[07:31.520 --> 07:40.360]  I've looked for them. I've never seen where the courts have set a bail for certain offenses
[07:40.360 --> 07:47.280]  that an officer could release someone in the case of a felony.
[07:47.280 --> 07:52.400]  So in this case, that's what they did. And what I believe happened was, is they made
[07:52.400 --> 07:58.720]  a bogus arrest and they knew they made a bogus arrest. And they arrested two people, one
[07:58.720 --> 08:06.560]  of them just paid fine and left. The other one refused to. And the other one actually
[08:06.560 --> 08:17.280]  demanded their rights. So the police in retaliation charged a felony rather than what was indicated
[08:17.280 --> 08:24.240]  was a misdemeanor. And when the prosecutor found out they had done that and then released
[08:24.240 --> 08:33.960]  their own bail, which they weren't allowed to do, that he got an indictment. So the question
[08:33.960 --> 08:43.760]  becomes how did he get the indictment? Well, I called down to the county clerk and asked
[08:43.760 --> 08:52.800]  to see the minutes of the grand jury. And the clerk had no idea what I was talking about.
[08:52.800 --> 09:00.640]  So I told the clerk I was looking for the documentation referenced by Article 2022 Texas
[09:00.640 --> 09:10.320]  Code of Criminal Procedure. And what it says is that when an indictment is brought, the
[09:10.320 --> 09:19.240]  foreman, along with a quorum of the grand jury, shall present the indictment to the
[09:19.240 --> 09:28.400]  clerk, to a judge or to the clerk of the court. And the clerk shall make notes in the minutes
[09:28.400 --> 09:35.480]  of the court. And when they didn't know what I was talking about, I read the statute to
[09:35.480 --> 09:42.080]  them and said, that's the documents I'm looking for. And that always works real well when
[09:42.080 --> 09:48.320]  they're trying to do a little song and dance and salsa down your pants. Because when I
[09:48.320 --> 09:58.200]  had it written in the statute, now they didn't have something they could dance around. So
[09:58.200 --> 10:03.760]  the clerk told me he had no idea what I was talking about. And I asked her where the records
[10:03.760 --> 10:10.520]  for the grand jury were. And she said, well, the prosecutor would keep these records. So
[10:10.520 --> 10:19.280]  the way I didn't ask the prosecutor on this, but I was talking to the clerk and an assistant
[10:19.280 --> 10:24.000]  clerk and she referred me to someone and they referred me to someone else. And the third
[10:24.000 --> 10:31.720]  guy was a real gruff, smart mouth, arrogant character. And it took me about 30 seconds
[10:31.720 --> 10:40.280]  to realize he was a prosecutor. And I talked to him while he wanted to know specifically
[10:40.280 --> 10:47.960]  what indictment I was looking for. And I told him all of them. And he couldn't seem to quite
[10:47.960 --> 10:55.720]  get that and finally indicated that I'd have to make a written request that he didn't want
[10:55.720 --> 11:01.200]  to talk to me anymore. And I assured him that I never want to talk to him in the first place.
[11:01.200 --> 11:08.480]  And I went back to the clerk looking. But then when I talked to the clerk, I asked the
[11:08.480 --> 11:18.200]  clerk where I could get a copy of the voucher from the court reporter for the grand jury.
[11:18.200 --> 11:25.560]  Now, the reason I did that is if there are no minutes, how do we know if there was in
[11:25.560 --> 11:33.080]  fact an indictment ever brought? How do we know these guys didn't just make all this
[11:33.080 --> 11:43.840]  stuff up? You'd have to have a way to track these. And there's no court reporter. So,
[11:43.840 --> 11:52.080]  I want to make sure that the grand jury actually met on the day that the indictment was brought.
[11:52.080 --> 12:02.000]  And that's why I asked for the voucher from the court reporter. But then it was told it
[12:02.000 --> 12:15.320]  wasn't one. So, then I asked the clerk how they got the indictments to them. If the foreman
[12:15.320 --> 12:23.760]  didn't come into a hearing and read the indictments onto the record, how did the clerk find out
[12:23.760 --> 12:29.800]  there were indictments? All the prosecutors and attorneys bring those to us. So, here
[12:29.800 --> 12:36.280]  we have a situation where there is no record of anything that went on in front of the grand
[12:36.280 --> 12:40.360]  jury. And, you know, the clerks insisted that everything that went on in front of the grand
[12:40.360 --> 12:50.320]  jury was secret. And it's okay. And I can have that. But if there is testimony, it must
[12:50.320 --> 13:01.440]  be preserved. Because if, say, I get indicted and I have reason to believe that the officer
[13:01.440 --> 13:11.200]  who testified against me misrepresented the truth, I have a right to Frank's hearing.
[13:11.200 --> 13:16.520]  And in Frank's hearing, that's the test of a rhapsody of a police officer who testified
[13:16.520 --> 13:24.040]  before a magistrate to secure a warrant. Well, in this case, they bypassed the magistrate
[13:24.040 --> 13:31.880]  altogether and the grand jury itself held the examining trial. Now, that's not exactly
[13:31.880 --> 13:40.120]  legal. We'll back up to that in a little bit. But this is the tact they're attempting to
[13:40.120 --> 13:47.360]  take. They're saying that the grand jury did the examining trial well. If that's the case,
[13:47.360 --> 13:52.360]  it was required to be, all evidence was required to be presented in accordance with the rules
[13:52.360 --> 13:59.480]  of evidence. It's required to be recorded. Now, they don't necessarily have to release
[13:59.480 --> 14:05.720]  that recording, but they have to make it. Otherwise, we have no way of testing. If I
[14:05.720 --> 14:11.880]  go back and say, I have reason to believe that the witness is testifying before the grand
[14:11.880 --> 14:20.320]  jury, lie to the grand jury. How can we know? So, but something even more important without
[14:20.320 --> 14:31.320]  a court reporter and without the indictments being presented to the clerk with a quorum
[14:31.320 --> 14:39.480]  of the grand jury present. We don't know if there was an indictment. And the problem prosecutor
[14:39.480 --> 14:46.800]  has, if you challenged that indictment, how are they going to prove that there was one?
[14:46.800 --> 14:58.560]  Do they really expect the grand jury to remember an indictment that occurred two years ago?
[14:58.560 --> 15:04.360]  They come in, they generally take 20, 30 minutes on a particular case, and they're just going
[15:04.360 --> 15:10.920]  to walk right through them. And two years later, you're going to expect a grand jury
[15:10.920 --> 15:17.520]  to remember whether they actually even heard that one or not. I would suspect if I had
[15:17.520 --> 15:25.320]  the foreman of the grand jury on the stand, even if he was instructed to lie about it.
[15:25.320 --> 15:31.640]  If I got him on the stand and asked him about someone else that was indicted and stewed
[15:31.640 --> 15:41.520]  the one he expected, or if he was coached, and then asked him about one that absolutely
[15:41.520 --> 15:47.280]  wasn't before the grand jury, after two years there's no way he's going to be able to know.
[15:47.280 --> 15:55.360]  So this becomes a serious problem. No records, quorum of the grand jury not present, what
[15:55.360 --> 16:05.840]  would keep the prosecuting attorney from simply stamping the foreman's name on an indictment
[16:05.840 --> 16:14.600]  and never presenting it to the grand jury? We have evidence to indicate that U.S. attorneys
[16:14.600 --> 16:22.640]  have stamps with the foreman of the grand jury's name on it. And what they would do is they
[16:22.640 --> 16:28.480]  would go in and get an original indictment, which was not what they wanted to prosecute,
[16:28.480 --> 16:33.880]  but get a simple indictment. And once they got an indictment, they'd start an investigation
[16:33.880 --> 16:40.880]  and then come back with superseding indictments. Then in the superseding indictments, they
[16:40.880 --> 16:46.360]  wouldn't take those grand jury at all. They would just stamp them and file them in the
[16:46.360 --> 16:52.400]  court. This is Randy Kelsen, David Craig, we have our radio, our defunct lines are open,
[16:52.400 --> 17:00.840]  there's a call, 512-646-1984, we'll be right back.
[17:00.840 --> 17:06.040]  America is in trouble. Washington is a disgrace. Government has become too big. It's overtaxing,
[17:06.040 --> 17:10.800]  overspending. We need to change direction. We really need change. We can't afford to
[17:10.800 --> 17:14.960]  make the same mistakes we've made in the past. Mitt Romney's reputation is a flip flopper.
[17:14.960 --> 17:19.800]  He went the other way when he got paid to go the other way. There is need for economic
[17:19.800 --> 17:24.480]  stimulus. It's about serial hypocrisy. This election is about trust. There's been one
[17:24.480 --> 17:29.560]  true consistent candidate, and that's Dr. Ron Paul. Ron Paul has been so consistent from
[17:29.560 --> 17:33.480]  the very beginning. He seems like a more honest candidate. He tells the truth about what he
[17:33.480 --> 17:37.760]  believes, whether you like it or not. He's never once voted for a tax increase, never
[17:37.760 --> 17:43.120]  once voted for an unbalanced budget. Ron Paul's plan is bold, cut his five departments,
[17:43.120 --> 17:47.000]  it's what we need. When he says he's going to cut a trillion dollars in the first year,
[17:47.000 --> 17:51.680]  I believe it. If you don't like how things are going and tired of politicians, he's
[17:51.680 --> 17:57.160]  something different. Ron Paul. Ron Paul. Ron Paul. Ron Paul. Is the one we've been looking
[17:57.160 --> 18:02.760]  for. I'm Ron Paul, and I approve this message. Are you being harassed by debt collectors
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[18:47.720 --> 18:57.840]  MichaelMearris at yahoo.com. That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
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[22:07.840 --> 22:21.840]  Everything else went well, and even the jail guards, I stepped on one pretty good, and he handled himself extremely well, so I was really pleased about that.
[22:21.840 --> 22:45.840]  But back to where I was, when I found out that there were these issues, then I was also looking for a set of complaints that had been filed with the prosecuting attorney in December of this year, and nothing ever happened with him.
[22:45.840 --> 22:57.840]  So I asked the first smart C-mouth attorney I was talking to ask him about these complaints, and he said he didn't know anything about them, and I asked him, well, who does?
[22:57.840 --> 23:14.840]  He said, well, you'll have to talk to somebody else who else did I talk to, and we did a little song and dance back and forth, and he shifted me to someone else, and whoever he shifted me to was just a clerk, and they didn't know anything.
[23:14.840 --> 23:38.840]  So a couple hours after I talked to Mr. Smart C-mouth, a female assistant district attorney called me, she claimed to be the first assistant DA, and she called and asked about these complaints, and wanted to know who they were gimpsed,
[23:38.840 --> 23:49.840]  and I told her they were gimpsed public officials, but I didn't know who, I just knew who had filed them, and she said, well, we really need to know who they were against.
[23:49.840 --> 23:55.840]  Don't you keep a record of complaints filed?
[23:55.840 --> 23:57.840]  Then who filed them?
[23:57.840 --> 24:02.840]  Is all you keep the name of the person accused?
[24:02.840 --> 24:19.840]  Well, I'm sure we do keep those records, so go look them up, go find this for me, and we talked for a while, and I asked her, how do you handle criminal complaints filed by private citizens against public officials?
[24:19.840 --> 24:35.840]  And she went into this long spiel about how they have a public integrity unit, and when they get a complaint against a public official, they send it to the public integrity unit, and the public integrity unit will do an investigation,
[24:35.840 --> 24:53.840]  and if they find that there is cause to believe that a crime has been committed, and they will present it to the grand jury, and I suggested that she read Article 3.03, Code of Criminal Procedure, and she did.
[24:53.840 --> 25:03.840]  And while she was reading it, you could hear the air thickening up around us.
[25:03.840 --> 25:23.840]  For those who don't know, Article 2.03 in Texas, I tell everybody, as far as I can tell, Texas has the best jurisprudence, or corpus juris, body of law of any state I've ever been to.
[25:23.840 --> 25:25.840]  And here we have this.
[25:25.840 --> 25:28.840]  Yeah, but we have the absolute worst implementers.
[25:28.840 --> 25:38.840]  Well, I don't even know if we have that. I see the same crap all the everywhere. We've got a ways to go to have the worst.
[25:38.840 --> 25:49.840]  But everywhere I go, everybody tells me, oh, Mont County is the most corrupt county in the country. They're all pretty corrupt.
[25:49.840 --> 26:01.840]  But as far as destruction itself, we do have a good structure. Just nobody follows it. Maybe it's absolutely right. Nobody follows it. And that's what's going on here, and nobody's following it.
[26:01.840 --> 26:10.840]  So anyway, I asked her if she had read 2.03. Now, you have to consider where 2.03 is.
[26:10.840 --> 26:28.840]  You've got 2.01, the first one that says, shall be primary duty, prosecuting attorney, not to secure conviction, but to ensure that justice is served shall not secrete evidence or witnesses that may show the innocence of the accused or mitigate the guilt of the accused.
[26:28.840 --> 26:41.840]  Okay, well, that's kind of high-minded rhetoric, but it doesn't really give the prosecutor a specific duty. It just tells him something not to do, not to do.
[26:41.840 --> 27:01.840]  So it goes to 2.02, and that tells what kind of issues the district attorney will handle, what kind of prosecutor will handle. 2.03, the very first one that places a specific duty on the part of the prosecutor.
[27:01.840 --> 27:18.840]  And it goes very specifically to criminal complaints against a public official. 2.04, 2.05 addresses criminal complaints against people in general.
[27:18.840 --> 27:35.840]  But 2.03 is a special statute, and it must be read outside the general statutes. Anytime there is a special statute, it always takes precedent over the general statutes.
[27:35.840 --> 27:57.840]  And what this one says, and I'm going to paraphrase here because it's a rather long paragraph, is that when a public official is made known in any manner that a private citizen has violated his law relating to his office, he shall reduce the complaint and information and submit it to the grand jury.
[27:57.840 --> 28:16.840]  Now, it used to say forthwit, but they've since taken that word verbiage out of the statute. So she read it, she got it out, and she asked me paragraph A or paragraph B, and I told her paragraph A, and she read it.
[28:16.840 --> 28:40.840]  And it got real quiet on the other end of the line. And I told her that I'm going to want to see these complaints, I'm going to want to know where they've been filed or who they've been filed with, and I told her I'd be coming down there on Monday that I'd like to see them while I'm there.
[28:40.840 --> 28:47.840]  And she said, well, if you're going to come down here, if you want to talk to anyone in our office, you'll have to make an appointment.
[28:47.840 --> 28:58.840]  And I told her, well, I don't think it would be a good idea based on what you just told me for me to be talking to your office.
[28:58.840 --> 29:14.840]  Because if what you told me is in fact the policy of this department, I will be filing criminal charges against the District Attorney and perhaps the number of other people in the office.
[29:14.840 --> 29:32.840]  She was very careful, never lost her cool, didn't get feisty, angry. If she was angry, she certainly did not let me know it, and I absolutely approved it, appreciated that.
[29:32.840 --> 29:42.840]  Because I'm sure she hadn't had someone step right in the middle of her that way in a long time, but she never lost her cool, and that was great.
[29:42.840 --> 29:50.840]  I see we have a couple of callers on the line, and I'll finish up probably in the next segment, and then we'll start going to callers.
[29:50.840 --> 29:59.840]  This is Randy Calton, David Stevens, Eddie Craven with the radio, call in number 512-646-1984. We'll be right back.
[29:59.840 --> 30:06.840]  A noble lie, Oklahoma City, 1995 will change forever the way you look at the true nature of terrorism.
[30:06.840 --> 30:10.840]  Based on the damage patting to the building, but the government says it's impossible.
[30:10.840 --> 30:14.840]  The grand jury did not want to hear anything I had to say.
[30:14.840 --> 30:17.840]  The decision was made not to pursue any more of those individuals.
[30:17.840 --> 30:22.840]  Some of these columns were ripped up, shredded, tossed around.
[30:22.840 --> 30:26.840]  The people that did the things they did knew doggone well what they were doing.
[30:26.840 --> 30:41.840]  We'll close the cover-up now at enobleye.com.
[30:57.840 --> 31:09.840]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, and neither is finding like-minded people to share it with.
[31:09.840 --> 31:12.840]  Oh, well, I guess you haven't heard of Brave New Books then.
[31:12.840 --> 31:13.840]  Brave New Books?
[31:13.840 --> 31:20.840]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[31:20.840 --> 31:24.840]  They even stock inner food, Berkey products, and Calvin Soaps.
[31:24.840 --> 31:27.840]  There's no way a place like that exists.
[31:27.840 --> 31:32.840]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[31:32.840 --> 31:36.840]  Oh, by UT, there's never anywhere to park down there.
[31:36.840 --> 31:43.840]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[31:43.840 --> 31:47.840]  It does exist, but when are they open?
[31:47.840 --> 31:56.840]  Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays, so give them a call at 512-480-2503,
[31:56.840 --> 31:59.840]  or check out their events page at bravenewbookstore.com.
[32:01.840 --> 32:06.840]  Live, free speech radio, logosradionetwork.com.
[32:06.840 --> 32:10.840]  Live, free speech radio, logosradionetwork.com
[32:36.840 --> 32:39.840]  Live, free speech radio, logosradionetwork.com
[33:06.840 --> 33:09.840]  Live, free speech radio, logosradionetwork.com
[33:36.840 --> 33:51.840]  Then I called back to clerk and I went down there Monday and went to the district attorney's office and got a liaison officer or something.
[33:51.840 --> 34:02.840]  She was a clerk, the one who was supposed to handle all of their information, and I walked her through a lot of pointed questions.
[34:02.840 --> 34:15.840]  Mostly, I was asking her for information that, for the most part, I already knew, but it was appropriate to verify it.
[34:15.840 --> 34:21.840]  And open records is really an art form if you use it right.
[34:21.840 --> 34:34.840]  I asked her about information that would tend to cause them to say, why is she wanting to see this?
[34:34.840 --> 34:43.840]  And get them to kind of look close at their procedures to try to figure out what I'm going to get them with next.
[34:43.840 --> 34:46.840]  If we're going to get people to change, just so I'm going to do it.
[34:46.840 --> 34:53.840]  And I did something that worked really well.
[34:53.840 --> 34:59.840]  I didn't have any cards with me because they don't wash well.
[34:59.840 --> 35:02.840]  And my son came in and caught me laundering money.
[35:02.840 --> 35:11.840]  I had the money spread out all over the bathroom counter where I had left my wallet in my pocket and run it through the washing machine.
[35:11.840 --> 35:16.840]  But they asked me if I had a card and I said no.
[35:16.840 --> 35:19.840]  And I didn't explain.
[35:19.840 --> 35:25.840]  And when they asked me who I was with, I told them I'm here in my personal capacity.
[35:25.840 --> 35:31.840]  I did have a name tag on with press written on it.
[35:31.840 --> 35:36.840]  And they saw press written on it.
[35:36.840 --> 35:41.840]  And I told them I was in my personal capacity.
[35:41.840 --> 35:44.840]  That made them crazy.
[35:44.840 --> 35:52.840]  Subsequently went to the clerk and asked her questions about procedures.
[35:52.840 --> 35:57.840]  And she was following improper procedures.
[35:57.840 --> 36:00.840]  And she was following improper procedures as well.
[36:00.840 --> 36:09.840]  And I told her that she said I need to talk to the prosecutor and I can't do that because I'm going to be filing criminal charges on her under their office.
[36:09.840 --> 36:16.840]  So it would be inappropriate for me to talk to their office.
[36:16.840 --> 36:24.840]  This is while I'm indicating to her that what she's doing is illegal.
[36:24.840 --> 36:30.840]  So I'm really trying to get them all looking closely at what they're doing.
[36:30.840 --> 36:36.840]  I went to the sheriff's department and asked to see the morning rain but hearing and they said this is going on right now.
[36:36.840 --> 36:38.840]  I said we'll stop it.
[36:38.840 --> 36:45.840]  And the guy called back and he kept asking me who I was with and I kept telling him I'm here in my personal capacity.
[36:45.840 --> 36:51.840]  And about the third time I walked up to the counter because I'm waiting to see the hearings.
[36:51.840 --> 36:54.840]  And his lieutenant on the phone.
[36:54.840 --> 37:00.840]  And he looked up at me and he saw that main tag and he said just who were you with.
[37:00.840 --> 37:15.840]  And I leaned over the counter and stuck my face right in front of his and said what part of my personal capacity is hard for you to understand.
[37:15.840 --> 37:26.840]  I said it nice and slow like he was a little kid and he looked like he wanted to pull out his pistol and shoot me.
[37:26.840 --> 37:28.840]  But he did not say a word.
[37:28.840 --> 37:36.840]  He just turned back to the lieutenant and said he's here in his personal capacity.
[37:36.840 --> 37:44.840]  But then I before they got a hold of the lieutenant, the hearing was over.
[37:44.840 --> 37:51.840]  So I indicated my displeasure, asked where the sheriff was and left him with the sheriff's department.
[37:51.840 --> 37:59.840]  And the sheriff himself and one of his top deputy actually came out and talked to me.
[37:59.840 --> 38:03.840]  And these guys were walking on eggshells.
[38:03.840 --> 38:11.840]  And I got to ask them for a whole raft of information that was for the purpose of demonstrating.
[38:11.840 --> 38:19.840]  Demonstrating to the illegality of what they were doing.
[38:19.840 --> 38:22.840]  So that really worked out well.
[38:22.840 --> 38:29.840]  We're getting some quality spills up so I'm going to go ahead and take our call right now for you.
[38:29.840 --> 38:33.840]  Have any more questions about this? I'll talk about it some more a little later.
[38:33.840 --> 38:37.840]  Hello Chris, do you have a question or a comment for us?
[38:37.840 --> 38:41.840]  I have a question. I have a couple of questions real quick.
[38:41.840 --> 38:49.840]  One, I have a case that I was just served on for child support, a motion to enforce.
[38:49.840 --> 38:55.840]  And they held this case eight years ago and found a default judgment against me.
[38:55.840 --> 38:58.840]  And I was never served on that case.
[38:58.840 --> 39:10.840]  I also was never sent anything in the mail from the court clerk and notifying me that I had a default judgment found against me.
[39:10.840 --> 39:12.840]  I want to know.
[39:12.840 --> 39:16.840]  Okay, don't be too concerned about that.
[39:16.840 --> 39:25.840]  This is one of the things that even if you're pro se, they're ruling your favor.
[39:25.840 --> 39:32.840]  I just had a client today who got foreclosed on and didn't know anything about it.
[39:32.840 --> 39:43.840]  The lender didn't do the proper notices and they had already foreclosed and they were moving to evict her.
[39:43.840 --> 40:01.840]  And she had filed a case and the other side set the case for hearing and no one ever told her.
[40:01.840 --> 40:04.840]  So am I able to start?
[40:04.840 --> 40:08.840]  I'm sorry, I thought I had dropped. I guess I didn't.
[40:08.840 --> 40:18.840]  No, but nobody ever told her. So she went to the federal judge and he looked at it and he said, okay, motion for reconsideration is granted.
[40:18.840 --> 40:27.840]  So what all you need to do is notify the court that you've never received notice of anything.
[40:27.840 --> 40:35.840]  And they will almost certainly overturn anything that's been done start this all over again.
[40:35.840 --> 40:48.840]  That's the one place. You know, if you file a civil action, they ask you to have a process server serve the original complaint.
[40:48.840 --> 40:57.840]  That's so you have a third party who can say for absolute certain this guy knew this was going on.
[40:57.840 --> 40:59.840]  So there's not this kind of pushback.
[40:59.840 --> 41:04.840]  So that is a big deal in the courts. I don't think you have a problem with that.
[41:04.840 --> 41:17.840]  Well, in the case they have a process server who claims he delivered it to me at an address that on any given day might or might not have been possible for him to live.
[41:17.840 --> 41:20.840]  I did not live there though.
[41:20.840 --> 41:25.840]  Okay, if you did not live there, that's good enough. Wait a minute, wait a minute.
[41:25.840 --> 41:31.840]  Would that have been an address that they would have had for you?
[41:31.840 --> 41:42.840]  Originally they had a wrong address totally for me and then somebody went in and scratched that address and put in an address that was my cousin's address.
[41:42.840 --> 41:46.840]  Okay, did you file a change of address with the court?
[41:46.840 --> 41:48.840]  No, sir.
[41:48.840 --> 41:55.840]  Okay, so they took it to a bogus address.
[41:55.840 --> 42:03.840]  And you can establish that if you can establish that was not your address and you did not give them that address.
[42:03.840 --> 42:05.840]  That's where I was going to.
[42:05.840 --> 42:15.840]  Had you put in, you know, if you had filed in the court that this was your address and did it subsequently changed, you would have had to do didn't notify the court.
[42:15.840 --> 42:26.840]  Since your address, you didn't give them that address, they just decided to put an address in and go serve to that address. We should have no problem.
[42:26.840 --> 42:31.840]  Okay, and is what I need to file just an affidavit of fact?
[42:31.840 --> 42:35.840]  No, not an affidavit.
[42:35.840 --> 42:41.840]  You can use it, you can put in an affidavit of fact, but you really don't need to in this case.
[42:41.840 --> 42:57.840]  You file a motion to strike all these claims or file a motion for reconsideration on the plea on the, the, the adjudications for lack of notice.
[42:57.840 --> 43:06.840]  And that will almost almost always get whatever was done overturned.
[43:06.840 --> 43:15.840]  That's trial by Bushwack and the courts don't even allow that against the process as corrupt as they are.
[43:15.840 --> 43:20.840]  That's not one that they will dance around with.
[43:20.840 --> 43:25.840]  Oh, I beg to differ. They did it in my case.
[43:25.840 --> 43:31.840]  And they did it repeatedly despite being told up front. Hey, you idiots, no notice. Hey, you idiots, no notice.
[43:31.840 --> 43:34.840]  Oh, well, that's okay. We don't have to give you that.
[43:34.840 --> 43:36.840]  Well, I'll address that when we come back.
[43:36.840 --> 43:42.840]  This is Randy Carson, Debussy with Eddie Craig, Lula's Law Radio.
[43:42.840 --> 43:47.840]  Our calling number is 512-646-1984. We're taking calls.
[43:47.840 --> 44:01.840]  We'll be right back on the other side.
[44:01.840 --> 44:05.840]  The Oakland City bombing. Top 10 reasons to question the official story.
[44:05.840 --> 44:09.840]  Reason number two, why was the ATF AWOL?
[44:09.840 --> 44:19.840]  Paramedic Tiffany Bible, who was on the scene within five minutes, has stated in an effort, David, that agents of the Bureau of Alcohol, Tobacco and Firearms told her that they were not in the office that morning.
[44:19.840 --> 44:26.840]  D&T Catherine Mallet also overheard one agent say to another, close, is that why we got the page to not come in today?
[44:26.840 --> 44:33.840]  Through Shaw, as interviewed on KFOR TV, was also told by ATF agents that they had been paid to not come into work.
[44:33.840 --> 44:45.840]  The ATF initially denied these claims, and now variously claim that one of their agents was in a free-falling elevator, which has been disproven, or that they had been in an all-night stick out, or that they had been in a golf tournament.
[44:45.840 --> 44:55.840]  As they try to sort out their lies, all we want to know is, did the ATF receive a warning, and if so, why did they not pass it on to others in the world?
[44:55.840 --> 44:58.840]  For more information, go to okcfoundmentruth.com
[45:25.840 --> 45:27.840]  And now you can too.
[45:27.840 --> 45:33.840]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:33.840 --> 45:42.840]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:42.840 --> 45:51.840]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
[45:51.840 --> 45:55.840]  Please visit ruleoflawradio.com and click on the banner.
[45:55.840 --> 46:21.840]  Or call toll-free 866-LAW-E-Z.
[46:25.840 --> 46:31.840]  Search the sentiment of soldier or warrior or club, scuffle and they'll keep the peace.
[46:31.840 --> 46:36.840]  All they're taking is the misunderstanding that somebody calls the police.
[46:36.840 --> 46:57.840]  Right on the spark's side.
[46:57.840 --> 47:11.840]  When we were going out, Eddie mentioned that he addressed the court for lack of notice.
[47:11.840 --> 47:23.840]  This is a somewhat different issue because what we were addressing was lack of notice of an impending hearing.
[47:23.840 --> 47:32.840]  Eddie was claiming lack of notice of issues within the hearing.
[47:32.840 --> 47:35.840]  He knew the hearing was taking place.
[47:35.840 --> 47:43.840]  We were talking about hearings that happen when you don't know the hearings there so you don't get opportunity to come and reach any kind of objection.
[47:43.840 --> 47:45.840]  So that's the difference.
[47:45.840 --> 47:59.840]  Anyway, they don't like to hold hearings without both parties there or at least without both parties having an opportunity to be there if they choose.
[47:59.840 --> 48:03.840]  Okay, we're going to go to Nick in Virginia.
[48:03.840 --> 48:05.840]  Nick, what do you have for us tonight?
[48:05.840 --> 48:09.840]  Well, hey guys, I love your show and thank you for what you do.
[48:09.840 --> 48:13.840]  I'm not able to listen to that because I'm working, but I had a question.
[48:13.840 --> 48:18.840]  Wait a minute. This crap I have into work is interfering with our entertainment.
[48:18.840 --> 48:23.840]  It does. It doesn't in my free time, but you wouldn't believe.
[48:23.840 --> 48:25.840]  Okay, go ahead.
[48:25.840 --> 48:34.840]  In North Carolina, the cops or their seatbelt ticket crazy since the legislature raised the court costs.
[48:34.840 --> 48:38.840]  So the counties can really rake it in on that violation now.
[48:38.840 --> 48:43.840]  It's $133 just court costs for a 25-hour ticket.
[48:43.840 --> 48:48.840]  So now what we've done is cops just riding by your vehicle looking to see if you're wearing it and pulling you over giving you a ticket.
[48:48.840 --> 48:53.840]  So I went home and read the statute for the seatbelt violation.
[48:53.840 --> 48:55.840]  And what it says is interesting.
[48:55.840 --> 49:07.840]  It says each occupant of a motor vehicle manufactured with seatbelts shall have a seatbelt properly fastened about his or her body at times when the vehicle is in forward motion.
[49:07.840 --> 49:10.840]  Et cetera, et cetera.
[49:10.840 --> 49:14.840]  Now, I compared that with other states, like South Carolina.
[49:14.840 --> 49:16.840]  It says something different.
[49:16.840 --> 49:22.840]  It'll say must wear with a properly fastened, so it says must wear.
[49:22.840 --> 49:24.840]  Virginia says must wear.
[49:24.840 --> 49:29.840]  And Georgia says shall be restrained by a safety belt.
[49:29.840 --> 49:33.840]  California, properly restrained by a safety belt.
[49:33.840 --> 49:39.840]  But North Carolina's got that word about, so about is her body at all times.
[49:39.840 --> 49:41.840]  So I'm thinking that could be defeated.
[49:41.840 --> 49:48.840]  So it's not saying I have to think around my upper torso and buckle, but about my personal.
[49:48.840 --> 49:52.840]  Have you looked up the term about?
[49:52.840 --> 50:10.840]  Yeah, I went down to the library and looked it up in Black's Law 6 and the closest definition it could get would be on O.N. or on the upper part of this where I gathered from that.
[50:10.840 --> 50:13.840]  I don't have it in front of me, but that's what I remember.
[50:13.840 --> 50:18.840]  And another definition would be near or close to it.
[50:18.840 --> 50:25.840]  Is that term defined anywhere in the statute, general or otherwise?
[50:25.840 --> 50:30.840]  I don't think so, but I'll have to do a deeper search.
[50:30.840 --> 50:35.840]  But it just struck me as strange that the legislature would use that term about.
[50:35.840 --> 50:50.840]  And I'm thinking why wouldn't I just take the seat belt in my empty seat in my left side, lock it down, take the seat belt in my driver's seat, lock it down, and then lean on it.
[50:50.840 --> 50:53.840]  Then it's in proximity to your upper body.
[50:53.840 --> 50:57.840]  And it is on me as well.
[50:57.840 --> 51:13.840]  Well, you know, if you didn't find the definition of about in Black's Law or the Case Law, so you're not finding it in legalese, have you checked Hillbilly Ease?
[51:13.840 --> 51:19.840]  Okay, enough of that.
[51:19.840 --> 51:23.840]  But that is an interesting point to make.
[51:23.840 --> 51:28.840]  Eddie, what do you think his chances of beating one on that are?
[51:28.840 --> 51:39.840]  Well, if that term is not specifically defined in the statute, then the legal definition is going to be upheld according to the dictionaries in the Case Law.
[51:39.840 --> 51:47.840]  Since that term, you need to look and see if there is any specific case law that defines that term within that statute as well.
[51:47.840 --> 51:49.840]  When was this changed?
[51:49.840 --> 51:53.840]  I think it was 09, but I'm not sure.
[51:53.840 --> 51:57.840]  I don't have a computer in front of me, but I will go back and research it.
[51:57.840 --> 52:05.840]  Okay, then there's at least three years for which a case could have been raised that sets precedent on that statute in the argument of about.
[52:05.840 --> 52:07.840]  You need to see if there is any.
[52:07.840 --> 52:13.840]  If there isn't, then you will be arguing a first blush issue.
[52:13.840 --> 52:27.840]  Since the statute is ambiguous as to which of the two possible legal meanings it relates to, then the court is not free to presume, but they will try.
[52:27.840 --> 52:33.840]  So you just have to make the argument in such a way as to negate that.
[52:33.840 --> 52:49.840]  Okay, I just did a search, North Carolina seatbelt about and about person, and got zero hits on anything other than just seatbelt.
[52:49.840 --> 52:54.840]  Nothing referencing the about issue.
[52:54.840 --> 52:57.840]  So maybe in good grounds here.
[52:57.840 --> 52:59.840]  It looks good, don't it?
[52:59.840 --> 53:01.840]  Yeah, it looks like that.
[53:01.840 --> 53:07.840]  It's a really fun issue to take them on with.
[53:07.840 --> 53:11.840]  What I'd suggest you do is push whack them with it.
[53:11.840 --> 53:15.840]  I move to dismiss because our legislators are verbal idiots.
[53:15.840 --> 53:19.840]  Well, get the officer on the stand.
[53:19.840 --> 53:29.840]  And when he, when you read the statute, ask him, what does about mean?
[53:29.840 --> 53:42.840]  And then when he starts giving you the general common definition of jet, the status particular term was used in a statute.
[53:42.840 --> 53:47.840]  What is the legal definition of about?
[53:47.840 --> 53:52.840]  Well, he's not going to get a chance to answer that the prosecutor is going to jump in and object.
[53:52.840 --> 53:55.840]  And so that requires a legal conclusion by the witness.
[53:55.840 --> 54:03.840]  If then you argue against the objection saying your honor.
[54:03.840 --> 54:17.840]  If this learning police officer who is here in his uniform presenting himself as a learning professional in professional in this specific area.
[54:17.840 --> 54:30.840]  If he is enforcing a law that requires someone to wear a seatbelt about their person, it would be who's him to know what about means.
[54:30.840 --> 54:38.840]  If he doesn't know what it means that he is legally incompetent to enforce the law.
[54:38.840 --> 54:41.840]  Excellent.
[54:41.840 --> 54:44.840]  Yeah, well, I've made that argument many times.
[54:44.840 --> 54:47.840]  Look, you can't have your cake and eat it too.
[54:47.840 --> 54:58.840]  If the officer is incompetent to testify to his actions and the meaning that he uses on which to base those actions in relation to the statute.
[54:58.840 --> 55:07.840]  Then he's incompetent to enforce the statute to begin with because he has to make a legal conclusion about its meaning to even do that.
[55:07.840 --> 55:17.840]  And if he made a legal conclusion to enforce it, then he has the authority to testify as to what was going on in his micro brain when he did it.
[55:17.840 --> 55:34.840]  Yeah, either he has the authority to make the legal determination or when he made the legal determination, he was impersonating a lawyer, which is it.
[55:34.840 --> 55:37.840]  I think I could have fun with that one.
[55:37.840 --> 55:40.840]  I think so too.
[55:40.840 --> 55:43.840]  That's what I thought when I read the statute with the word about it.
[55:43.840 --> 55:54.840]  So if I were to fasten the belt, just lock it down in my empty seat beside me and lock the belt down in my seat and just lean on it and look for a ticket.
[55:54.840 --> 56:00.840]  And make the officer take note, do you see this thing buckled? Do you see this thing buckled?
[56:00.840 --> 56:03.840]  And then go to court with it.
[56:03.840 --> 56:05.840]  Do you have a smart phone?
[56:05.840 --> 56:07.840]  Oh, yeah.
[56:07.840 --> 56:10.840]  Yeah, we have more than everything, multiple devices.
[56:10.840 --> 56:13.840]  Do you have QIK on it?
[56:13.840 --> 56:16.840]  No, it's, I think I've seen it.
[56:16.840 --> 56:25.840]  Look up QIK, you download that and it will live stream video to the internet.
[56:25.840 --> 56:32.840]  And I have been doing a little digging around on eBay.
[56:32.840 --> 56:36.840]  And I found this really cool device.
[56:36.840 --> 56:45.840]  It's a video recorder that looks like one of these electronic door openers for cars.
[56:45.840 --> 56:51.840]  And that thing really takes good audio.
[56:51.840 --> 56:55.840]  North Carolina is the one who already stayed, so it's not a problem.
[56:55.840 --> 56:58.840]  Yeah, it costs me 20 bucks.
[56:58.840 --> 57:03.840]  What's the manufacturer, Randy? Tell us which one it is.
[57:03.840 --> 57:06.840]  King Ko Chang.
[57:06.840 --> 57:08.840]  Okay, he doesn't know.
[57:08.840 --> 57:10.840]  No, it's some Chinese company, I have no idea.
[57:10.840 --> 57:23.840]  But if you go on eBay and do a search for spy pin or spy tools, you'll get lots of hits on these things.
[57:23.840 --> 57:29.840]  I also have a MP3 player with record.
[57:29.840 --> 57:34.840]  And that thing has a phenomenal microphone on it.
[57:34.840 --> 57:37.840]  Okay, you ever got one of those?
[57:37.840 --> 57:38.840]  I have one of those.
[57:38.840 --> 57:42.840]  And this one has accessibility too.
[57:42.840 --> 57:49.840]  Yeah, and we suggest that you take, have two recording devices.
[57:49.840 --> 57:53.840]  Because they see one, they'll ask if it's recording it.
[57:53.840 --> 57:57.840]  They say, if they ask, you tell them, absolutely.
[57:57.840 --> 57:59.840]  And they'll tell you to turn it off.
[57:59.840 --> 58:05.840]  And it just never occurs to them to ask if you have a number.
[58:05.840 --> 58:07.840]  Okay.
[58:07.840 --> 58:09.840]  You guys, I hear the music.
[58:09.840 --> 58:12.840]  Okay, do you have anything else for us?
[58:12.840 --> 58:16.840]  No, no, that's all very, very good. I know what to do. Thank you.
[58:16.840 --> 58:19.840]  Okay. Thank you for calling in.
[58:19.840 --> 58:24.840]  This is Randy Calton, Debbie Stephens, Eddie Craig with Law Radio.
[58:24.840 --> 58:28.840]  Our call in numbers 512-646-1984.
[58:28.840 --> 58:33.840]  We're going to our top of the hour break when we come back, we'll be taking your calls.
[58:33.840 --> 58:39.840]  And if we don't have any calls, you're going to have to listen to me talk about Galveston County.
[58:39.840 --> 58:42.840]  So call in, get on the board.
[58:42.840 --> 58:46.840]  And let's make this an interesting night. We'll be right back.
[59:13.840 --> 59:17.840]  But the real story is the more than 9,000 explanatory footnotes.
[59:17.840 --> 59:21.840]  Difficult and profound passages are opened up in a marvelous way,
[59:21.840 --> 59:27.840]  providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:27.840 --> 59:32.840]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:32.840 --> 59:43.840]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:43.840 --> 59:47.840]  or by ordering online at freestudybible.com.
[59:47.840 --> 01:00:02.840]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:02.840 --> 01:00:06.840]  When the census form arrives, plenty of people fill out silly things,
[01:00:06.840 --> 01:00:10.840]  but fictitious job titles like Jedi Knights are apparently nothing new.
[01:00:10.840 --> 01:00:16.840]  I'm Dr. Catherine Albright and I'll be back to tell you about a 19th century pastor with a sense of humor.
[01:00:16.840 --> 01:00:21.840]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:00:21.840 --> 01:00:26.840]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:26.840 --> 01:00:31.840]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:00:31.840 --> 01:00:34.840]  Privacy, it's worth hanging on to.
[01:00:34.840 --> 01:00:37.840]  This public service announcement is brought to you by StartPage.com,
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[01:00:45.840 --> 01:00:50.840]  Historian Peter Kittson studies antique census forms and church registers,
[01:00:50.840 --> 01:00:53.840]  looking for occupational facts that date back centuries.
[01:00:53.840 --> 01:00:57.840]  It can be a boring job, but when he found a parchment from 1819
[01:00:57.840 --> 01:01:02.840]  by the very reverent Dr. Peter Scrimshire Wood, he actually laughed out loud.
[01:01:02.840 --> 01:01:07.840]  The reverent had enlightened his boring job with some very creative job titles,
[01:01:07.840 --> 01:01:09.840]  including Night of the Needle for a Tailor,
[01:01:09.840 --> 01:01:14.840]  Beggar Maker for a government official, and Master of the Burnt Crust for a baker.
[01:01:14.840 --> 01:01:18.840]  He even wrote Mantrap for a woman of questionable morals.
[01:01:18.840 --> 01:01:21.840]  It's a 200-year-old joke that gets a laugh even today.
[01:01:21.840 --> 01:01:23.840]  I'm Dr. Catherine Albrecht.
[01:01:23.840 --> 01:01:31.840]  More news and information at CatherineAlbrecht.com.
[01:01:31.840 --> 01:01:33.840]  All aboard?
[01:01:33.840 --> 01:01:37.840]  When mold spread through the dorms of St. Mary's College in Maryland,
[01:01:37.840 --> 01:01:40.840]  the school relocated its students to a cruise ship.
[01:01:40.840 --> 01:01:45.840]  I'm Dr. Catherine Albrecht with an ocean tale of kids sailing through college next.
[01:02:10.840 --> 01:02:19.840]  After Tropical Storm Irene swept through Maryland, mold spread like wildfire
[01:02:19.840 --> 01:02:21.840]  through the dorms of St. Mary's College.
[01:02:21.840 --> 01:02:25.840]  250 students had to be relocated, but where?
[01:02:25.840 --> 01:02:28.840]  Hotels led cost a fortune 20,000 a day,
[01:02:28.840 --> 01:02:31.840]  so St. Mary's President came up with a way within an idea.
[01:02:31.840 --> 01:02:34.840]  How about putting the students up on a cruise ship?
[01:02:34.840 --> 01:02:38.840]  It just so happened the Sea Voyager cruise ship was on its way down from Maine,
[01:02:38.840 --> 01:02:43.840]  with the owner's mind docking in Maryland and turning their vessel into a floating dorm?
[01:02:43.840 --> 01:02:44.840]  No problem!
[01:02:44.840 --> 01:02:47.840]  So now the students are enjoying fine on-board dining,
[01:02:47.840 --> 01:02:50.840]  sweet-looking sweets, and a breathtaking waterfront view.
[01:02:50.840 --> 01:02:52.840]  Talk about smooth sailing.
[01:02:52.840 --> 01:02:54.840]  I'm Dr. Catherine Albrecht.
[01:02:54.840 --> 01:03:00.840]  More news and information at CatherineAlbrecht.com.
[01:03:00.840 --> 01:03:03.840]  Looking for some truth?
[01:03:03.840 --> 01:03:08.840]  You found it. LogosRadioNetwork.com.
[01:04:04.840 --> 01:04:07.840]  Okay, we're back.
[01:04:07.840 --> 01:04:12.840]  Randy Kelce and David Steves, Daddy Craig with the radio.
[01:04:12.840 --> 01:04:17.840]  And we have Marshall from Oregon on the line.
[01:04:17.840 --> 01:04:20.840]  Marshall, what do you have for us?
[01:04:20.840 --> 01:04:21.840]  Evening.
[01:04:21.840 --> 01:04:28.840]  Well, I've got an IRS Form 1099A in front of me for a friend's house
[01:04:28.840 --> 01:04:30.840]  that has been foreclosed on.
[01:04:30.840 --> 01:04:35.840]  They are still living in the house, but it has been foreclosed on.
[01:04:35.840 --> 01:04:41.840]  And this is a form filed by their so-called original lender.
[01:04:41.840 --> 01:04:53.840]  And the subject's title is Acquisition or Abandonment of Secured Property.
[01:04:53.840 --> 01:05:00.840]  And the amount on the form matches what this bank claims to have bought it
[01:05:00.840 --> 01:05:05.840]  from themselves for at the public auction sale, you know,
[01:05:05.840 --> 01:05:09.840]  during the so-called foreclosure process.
[01:05:09.840 --> 01:05:11.840]  Okay, that's...
[01:05:11.840 --> 01:05:13.840]  Form B, or what's the purpose?
[01:05:13.840 --> 01:05:18.840]  Is this another way for these people to make some money tax-wise?
[01:05:18.840 --> 01:05:28.840]  No, I've heard a lot of information about 1099As and there's two or three 1099s.
[01:05:28.840 --> 01:05:32.840]  But that's not it at all.
[01:05:32.840 --> 01:05:39.840]  Is your person who has been foreclosed on trying to stay in the house,
[01:05:39.840 --> 01:05:45.840]  are they trying to keep it or are they just abandoning the property?
[01:05:45.840 --> 01:05:49.840]  They're not abandoning it. It's kind of a long story there.
[01:05:49.840 --> 01:05:51.840]  They're still living in it.
[01:05:51.840 --> 01:05:53.840]  You know, they took it to court.
[01:05:53.840 --> 01:05:59.840]  What are they doing in their defense?
[01:05:59.840 --> 01:06:02.840]  A case was filed in federal court.
[01:06:02.840 --> 01:06:08.840]  It was primarily a loss, but the judge could see some shenanigans going on.
[01:06:08.840 --> 01:06:17.840]  He says, I'm going to let you live in this house for a year and pay the bank rent.
[01:06:17.840 --> 01:06:23.840]  And so that year is nearly up now, but it's still within that year cycle.
[01:06:23.840 --> 01:06:27.840]  Okay, then they really need to sue the bank.
[01:06:27.840 --> 01:06:30.840]  Okay, take the hair through the bank.
[01:06:30.840 --> 01:06:35.840]  Did the judge dismiss the suit?
[01:06:35.840 --> 01:06:37.840]  Yes.
[01:06:37.840 --> 01:06:40.840]  Did he dismiss with prejudice?
[01:06:40.840 --> 01:06:42.840]  No.
[01:06:42.840 --> 01:06:47.840]  They need to refile.
[01:06:47.840 --> 01:06:48.840]  Have them call me.
[01:06:48.840 --> 01:06:49.840]  This is what we do.
[01:06:49.840 --> 01:06:52.840]  Do we stop foreclosures?
[01:06:52.840 --> 01:06:53.840]  Sure, I understand.
[01:06:53.840 --> 01:06:58.840]  But I guess, that's that in a second, but I'm just curious.
[01:06:58.840 --> 01:07:07.840]  We were curious about what the purpose of the bank sending this form into the IRS for the so-called amount.
[01:07:07.840 --> 01:07:10.840]  IRS is not my area.
[01:07:10.840 --> 01:07:17.840]  And it was had people try to explain what the 1099A is.
[01:07:17.840 --> 01:07:23.840]  And a lot of the explanations that I got were turned out to be paper mythology.
[01:07:23.840 --> 01:07:25.840]  I don't think that's what he's talking about.
[01:07:25.840 --> 01:07:33.840]  He's talking about why is the bank giving him or giving these people a 1099A in this mortgage situation?
[01:07:33.840 --> 01:07:39.840]  Actually, I have studied some about this, so I think I may be able to answer this question a little bit.
[01:07:39.840 --> 01:07:43.840]  This isn't about this OID stuff.
[01:07:43.840 --> 01:07:45.840]  That is not what this is about.
[01:07:45.840 --> 01:07:46.840]  No, that's not what I said.
[01:07:46.840 --> 01:07:48.840]  I said, this is out of my league.
[01:07:48.840 --> 01:07:54.840]  Yeah, the OID 1099A stuff, that's not what this is.
[01:07:54.840 --> 01:08:02.840]  This is what happens when a lot of the time, when you've got a bank or a credit card company or something like that,
[01:08:02.840 --> 01:08:10.840]  and you work out some kind of a deal with them or they foreclose or they quote-unquote forgive part of the debt,
[01:08:10.840 --> 01:08:17.840]  they will 1099 you as if they had made a payment to you.
[01:08:17.840 --> 01:08:27.840]  Say you borrowed quote-unquote $10,000 on a credit card, ran up the bill, whatever, didn't pay it back,
[01:08:27.840 --> 01:08:36.840]  and then you work out some kind of a deal with the bank where they forgive the debt or they charge it off or whatever,
[01:08:36.840 --> 01:08:47.840]  then sometimes what they will do is they will send you a 1099 saying basically that they paid you $10,000.
[01:08:47.840 --> 01:08:51.840]  That's what that is all about, and I have looked into this some.
[01:08:51.840 --> 01:08:54.840]  I don't think that it's legal.
[01:08:54.840 --> 01:08:57.840]  I don't think they have any lawful basis for doing that.
[01:08:57.840 --> 01:09:06.840]  I think it's a tax scam on the part of the bank because the bank is trying to get out of paying taxes on that money.
[01:09:06.840 --> 01:09:15.840]  Technically, they did not pay you anything, and so I can't give any specific advice on the matter,
[01:09:15.840 --> 01:09:21.840]  but I know that that is the principle behind this, and so that's why I use the Mike Muiris method
[01:09:21.840 --> 01:09:26.840]  and other people use the Mike Muiris method to deal with these types of situations
[01:09:26.840 --> 01:09:32.840]  because you sue them for violations of Fair Debt Collections Practices Act and Fair Credit Reporting Act
[01:09:32.840 --> 01:09:41.840]  and this sort of thing, and as part of the settlement, if they say they want to give you a 1099,
[01:09:41.840 --> 01:09:43.840]  as part of the settlement agreement, you say no 1099.
[01:09:43.840 --> 01:09:47.840]  No, you're not going to 1099 me because you're not giving me anything.
[01:09:47.840 --> 01:09:54.840]  Actually, I've talked to some attorneys about settlements in lawsuits.
[01:09:54.840 --> 01:10:00.840]  If you get a judgment in a lawsuit, actual damages are non-taxable to the IRS.
[01:10:00.840 --> 01:10:06.840]  I do know that, but at any rate, you may want to talk to an accountant about this matter.
[01:10:06.840 --> 01:10:12.840]  This is something that generally has to be worked out with the bank or the creditor ahead of time,
[01:10:12.840 --> 01:10:17.840]  or if you object to it, you're going to have to take some action in that regard,
[01:10:17.840 --> 01:10:22.840]  but I don't know exactly what the action is, but I do know the principle behind it is that if they write off a debt
[01:10:22.840 --> 01:10:27.840]  or that you don't pay it back, then the bank is trying to say that they gave you money
[01:10:27.840 --> 01:10:33.840]  and they want to give you a 1099 and from what my understanding is, it's completely and totally illegal
[01:10:33.840 --> 01:10:35.840]  because you're not a contractor today.
[01:10:35.840 --> 01:10:38.840]  Wait a minute. They did give you money.
[01:10:38.840 --> 01:10:39.840]  Not exactly, no.
[01:10:39.840 --> 01:10:47.840]  They gave you money, they expended the funds to purchase the property
[01:10:47.840 --> 01:10:51.840]  and they didn't claim that because they expected to get it all back
[01:10:51.840 --> 01:10:59.840]  and now they can show, well, we've lost this amount of money and we lost it to you.
[01:10:59.840 --> 01:11:09.840]  I'm no friend of the bank, but when I go in and make an argument with the bank,
[01:11:09.840 --> 01:11:11.840]  I want it to be a good clean argument.
[01:11:11.840 --> 01:11:17.840]  Right, but what I'm saying is that from my research into this, which is somewhat minimal,
[01:11:17.840 --> 01:11:21.840]  it is a tax scam on the part of the bank by the IRS.
[01:11:21.840 --> 01:11:25.840]  It's called double dipping because they're writing it off in two different places on the books.
[01:11:25.840 --> 01:11:31.840]  They write it off against their capital gains tax liability when they charge off the debt that isn't paid
[01:11:31.840 --> 01:11:39.840]  and then they also want to give you a 1099 and get that deduction a second time on their books to the IRS.
[01:11:39.840 --> 01:11:41.840]  That's why I'm saying it's a tax scam.
[01:11:41.840 --> 01:11:47.840]  Okay, I am going to bring up Julius. He's on the line and I was kind of hoping he would call
[01:11:47.840 --> 01:11:53.840]  because he has some good information on 1099s. Julius, are you there?
[01:11:53.840 --> 01:11:57.840]  Yes, hi, Randy. How are you?
[01:11:57.840 --> 01:12:02.840]  I am wonderful. Tell us about 1099As.
[01:12:02.840 --> 01:12:22.840]  Okay, well, 1099As are pretty much where the bank is issuing a 1099 on you for a loss.
[01:12:22.840 --> 01:12:34.840]  But then again, the loss doesn't really happen because the bank takes the property back and sells it.
[01:12:34.840 --> 01:12:37.840]  So it is a tax scam. That's what I thought.
[01:12:37.840 --> 01:12:47.840]  It's a tax scam because the bank takes the property back, sells the property, makes a profit on the property
[01:12:47.840 --> 01:12:54.840]  and then probably does not disclose this profit to the IRS.
[01:12:54.840 --> 01:13:03.840]  Okay, hold on, Julius. In this case, it appears that the bank has bought the property back
[01:13:03.840 --> 01:13:10.840]  and because the individuals are still living in the property, they clearly have not sold it.
[01:13:10.840 --> 01:13:20.840]  So at this point, they're in a position where they have lost. If they subsequently sell it, then they will profit.
[01:13:20.840 --> 01:13:23.840]  Then there would be other filings that they would have to make.
[01:13:23.840 --> 01:13:30.840]  Okay, well, let me ask a question here at this point. Didn't the bank already get paid right off the get-go
[01:13:30.840 --> 01:13:35.840]  when the mortgage, when the promissory note happened, they sold it immediately? They were paid right off the bat.
[01:13:35.840 --> 01:13:39.840]  They never take any risk. There is no loss for them.
[01:13:39.840 --> 01:13:42.840]  Okay, no, no, no. That's not the case. That's not the case.
[01:13:42.840 --> 01:13:55.840]  This is supposedly the servicer acting on behalf of the current holder of the note, not the original lender.
[01:13:55.840 --> 01:14:01.840]  Somebody is supposed to be back there holding it. Neither of these issues were bringing.
[01:14:01.840 --> 01:14:08.840]  There may be somebody, but he don't know who the heck he is. He's just pretending to represent somebody.
[01:14:08.840 --> 01:14:18.840]  So in that respect, the bank hasn't, the holder hasn't been paid.
[01:14:18.840 --> 01:14:28.840]  When the property forecloses, though, the holder takes the loss because the borrower didn't give them back all this money.
[01:14:28.840 --> 01:14:33.840]  So they're saying, well, we lost this money and you gained this money.
[01:14:33.840 --> 01:14:40.840]  They're shooting you back to us for 1099U. Is that essentially how that should work, Julius?
[01:14:40.840 --> 01:14:47.840]  Here's the difference, Randy. The 1099A stands for acquisition.
[01:14:47.840 --> 01:14:53.840]  Okay, a 1099C stands for cancellation of debt.
[01:14:53.840 --> 01:15:00.840]  So what you're talking about is the cancellation of debt. That's where you pay the taxes on.
[01:15:00.840 --> 01:15:05.840]  Acquisition. You see? That's the difference.
[01:15:05.840 --> 01:15:10.840]  So now it doesn't make sense.
[01:15:10.840 --> 01:15:17.840]  They're filing the 1099A because they purchased the property back?
[01:15:17.840 --> 01:15:20.840]  No, because they acquired the property.
[01:15:20.840 --> 01:15:28.840]  You see, they acquired the property. According to a 1099A is the acquisition of a property.
[01:15:28.840 --> 01:15:36.840]  So that means they're just taking the property back because they're claiming you have not paid the mortgage or whatever.
[01:15:36.840 --> 01:15:41.840]  Okay, so in fact, they did acquire the property.
[01:15:41.840 --> 01:15:48.840]  So it would seem that a 1099A in this circumstance would be appropriate.
[01:15:48.840 --> 01:15:53.840]  It wouldn't be an issue we could come in there and raise.
[01:15:53.840 --> 01:15:59.840]  That's really what I'm looking for. Is this something we can complain about?
[01:15:59.840 --> 01:16:06.840]  Well, because the 1099A may in fact be proper if they're claiming that they acquired the property.
[01:16:06.840 --> 01:16:12.840]  And now we're not even talking about whether the foreclosure was wrongful or not.
[01:16:12.840 --> 01:16:14.840]  We're not talking about any of that.
[01:16:14.840 --> 01:16:19.840]  We're talking about they acquired the property. So if they acquired the property,
[01:16:19.840 --> 01:16:28.840]  if they foreclosed on the property and now have claimed ownership through a substitute trustee's deed
[01:16:28.840 --> 01:16:35.840]  or a trustee's deed or what have you, then they've acquired possession of that property.
[01:16:35.840 --> 01:16:41.840]  Okay, so in this case, the 1099A that's been appropriate.
[01:16:41.840 --> 01:16:45.840]  And Marshall, does that kind of answer your question?
[01:16:45.840 --> 01:16:48.840]  Quick, only 10 seconds.
[01:16:48.840 --> 01:16:50.840]  It's a start.
[01:16:50.840 --> 01:16:53.840]  Okay, hang on to the other side then.
[01:16:53.840 --> 01:16:57.840]  We'll be right back on the other side just for Andy Kelton, David Stevens and Sandy Craig.
[01:16:57.840 --> 01:17:26.840]  We'll be right back.
[01:17:27.840 --> 01:17:56.840]  We'll be right back.
[01:17:57.840 --> 01:18:24.840]  We'll be right back.
[01:18:24.840 --> 01:18:51.840]  We'll be right back.
[01:18:51.840 --> 01:19:17.840]  We'll be right back.
[01:19:17.840 --> 01:19:44.840]  We'll be right back.
[01:19:44.840 --> 01:20:10.840]  We'll be right back.
[01:20:10.840 --> 01:20:37.840]  We'll be right back.
[01:20:37.840 --> 01:20:52.840]  We'll be right back.
[01:20:52.840 --> 01:20:55.840]  Okay, we're back.
[01:20:55.840 --> 01:21:00.840]  We're talking to Marshall in Oregon.
[01:21:00.840 --> 01:21:04.840]  Marshall, you said, okay, we're going out, we talked about the 1099A.
[01:21:04.840 --> 01:21:09.840]  Do you still have questions about that or do you have more questions about other issues?
[01:21:09.840 --> 01:21:10.840]  Well, related.
[01:21:10.840 --> 01:21:18.840]  Maybe it would have helped me understand better their whole process of when they completed the foreclosure,
[01:21:18.840 --> 01:21:22.840]  they buy that, they sold it back to themselves.
[01:21:22.840 --> 01:21:30.840]  I guess I don't really understand what the purpose of that step was for the foreclosure.
[01:21:30.840 --> 01:21:32.840]  Good question.
[01:21:32.840 --> 01:21:35.840]  I'm glad, funny you should ask.
[01:21:35.840 --> 01:21:38.840]  Okay, this is the deal.
[01:21:38.840 --> 01:21:45.840]  This is what I, my research indicates that the deal is.
[01:21:45.840 --> 01:21:54.840]  That the lender, and I'm going to do a little explanation here so people understand what I believe is going on.
[01:21:54.840 --> 01:22:04.840]  The lender is an issuer of securities, is authorized to issue securities for Ginny May.
[01:22:04.840 --> 01:22:09.840]  And they were also a commitment officer for Ginny May.
[01:22:09.840 --> 01:22:17.840]  They write these notes and they place them into a pool that the lender himself created.
[01:22:17.840 --> 01:22:24.840]  And each pool can hold notes with only the same interest rate.
[01:22:24.840 --> 01:22:26.840]  So a lender tends to create a whole bunch of pools.
[01:22:26.840 --> 01:22:31.840]  Pool can have as many as low as three loans in it.
[01:22:31.840 --> 01:22:38.840]  And then he sends the documentation to the document custodian.
[01:22:38.840 --> 01:22:46.840]  And the document custodian for that pool will certify the note to Ginny May that it meets the requirements of the pool.
[01:22:46.840 --> 01:22:50.840]  And then the document custodian is required to keep all of the documents,
[01:22:50.840 --> 01:22:54.840]  maintain possession of them until termination of the contract.
[01:22:54.840 --> 01:23:04.840]  Okay, what I think is happening is that the lender is using a number of different document custodians, one for each pool.
[01:23:04.840 --> 01:23:13.840]  So he takes the note and changes the interest rate on the note and files it with a second pool.
[01:23:13.840 --> 01:23:20.840]  In the first pool he assigned the private mortgage insurance, which if the note defaulted,
[01:23:20.840 --> 01:23:24.840]  private mortgage insurance pay off 85% as principal.
[01:23:24.840 --> 01:23:37.840]  And then because in 1907 they had a major stock market crash of the legislature because of derivatives.
[01:23:37.840 --> 01:23:44.840]  People could bet on the stock market without purchasing the stock, whether it would increase or decrease.
[01:23:44.840 --> 01:23:49.840]  And this practice caused a stock market crash in 1907.
[01:23:49.840 --> 01:23:53.840]  So the legislature said, don't worry about it, it's fine when you do that.
[01:23:53.840 --> 01:24:03.840]  1929, the Depression, caused because the banks were speculating in the stock market and the securities market.
[01:24:03.840 --> 01:24:07.840]  So they passed the Glass-Steagall Act that forbade that kind of stuff.
[01:24:07.840 --> 01:24:11.840]  In 1999 they repealed the Glass-Steagall Act.
[01:24:11.840 --> 01:24:17.840]  The year 2000, last thing they did was remove the restriction against derivatives.
[01:24:17.840 --> 01:24:31.840]  So now the lender can go to AGI, Shish and Lehman Brothers and buy another mortgage insurance premium in a totally unregulated derivatives market.
[01:24:31.840 --> 01:24:37.840]  You know, I can't buy life insurance on you because they think about future.
[01:24:37.840 --> 01:24:43.840]  It's regulated, the insurance companies can't sell it to me, but these derivatives were totally unregulated.
[01:24:43.840 --> 01:24:53.840]  So the lender could, after he put the note in the first pool, change interest rate, make up a set of copies that look like the originals,
[01:24:53.840 --> 01:25:06.840]  send them to a second document custodian, place a note in another pool, when the pools are bundled together into a trust, a bastard trust,
[01:25:06.840 --> 01:25:12.840]  the lender will receive 103% of each note.
[01:25:12.840 --> 01:25:18.840]  So do you want to say that the lenders were creating notes they did not intend you to pay back?
[01:25:18.840 --> 01:25:22.840]  That's why, because they make a whole lot of money on it.
[01:25:22.840 --> 01:25:35.840]  And the only way they can win this scheme is to foreclose because each time they put a note into a pool to win on their derivatives market,
[01:25:35.840 --> 01:25:42.840]  they bought another insurance policy, signed it to the note, stuck it in another pool, in another pool, in another pool.
[01:25:42.840 --> 01:25:49.840]  Now they need for you to default so they can foreclose.
[01:25:49.840 --> 01:25:58.840]  All they care about is foreclosure because once they foreclose, all the insurance policies pay off.
[01:25:58.840 --> 01:26:08.840]  And they keep this huge pool of money, but they have to use part of it to buy the house back like they care.
[01:26:08.840 --> 01:26:21.840]  If I give you half a million dollars to buy a house and I make 20 million and then have to buy the house back myself for half a million.
[01:26:21.840 --> 01:26:28.840]  Oh, what a bummer. Now I've got a half a million dollar house to deal with plus 19 and a half million cash.
[01:26:28.840 --> 01:26:31.840]  This is what I think is going on.
[01:26:31.840 --> 01:26:45.840]  I can't prove it yet because all of the records are private and they're hidden inside the different records of the different custodians.
[01:26:45.840 --> 01:26:52.840]  But all this nonsense about MERS shredding the notes, that's horse manure.
[01:26:52.840 --> 01:27:00.840]  And here's these stories that all the feds put this crapola out, that MERS, that the banks filed all the notes with MERS.
[01:27:00.840 --> 01:27:04.840]  They didn't have to file any documentation of MERS.
[01:27:04.840 --> 01:27:10.840]  And that MERS scanned all the documents into their system and then shredded the original.
[01:27:10.840 --> 01:27:12.840]  So that is nonsense.
[01:27:12.840 --> 01:27:23.840]  That's the smoking mirrors. Look at MERS, look at MERS, do not look behind the curtain at the document custodian.
[01:27:23.840 --> 01:27:37.840]  They don't want you going to the document custodians because what if you hit three or four of their custodians and all three of them give you the note with different interest rates?
[01:27:37.840 --> 01:27:42.840]  That is concrete evidence somebody's going to prison.
[01:27:42.840 --> 01:27:52.840]  So it is my belief that the banks put out this MERS nonsense to send us chasing MERS.
[01:27:52.840 --> 01:28:03.840]  And MERS doesn't have employees, it's bankruptcy remote, it doesn't have any assets, so they want you to go after something that's untouchable.
[01:28:03.840 --> 01:28:22.840]  They don't want you to look behind the curtain and see that the banks themselves, not just the banks, but the natural human beings who perform the actions of the banks now become liable, both civilly and criminally.
[01:28:22.840 --> 01:28:27.840]  And they've been trying to hide that from us the whole time.
[01:28:27.840 --> 01:28:34.840]  And I totally forgot what your question was, Marshall, like I was having so much fun with that.
[01:28:34.840 --> 01:28:42.840]  Well, that helped just regarding how or why they sold it to themselves as fishers before closure process.
[01:28:42.840 --> 01:28:46.840]  Okay, that's why they sold it to themselves.
[01:28:46.840 --> 01:28:48.840]  They didn't care who got it.
[01:28:48.840 --> 01:28:52.840]  They didn't care if they had to put out half a million to buy it.
[01:28:52.840 --> 01:28:57.840]  They didn't care because that protects that big pool they have.
[01:28:57.840 --> 01:29:11.840]  Everything is about getting the foreclosure because that's what the insurance was there to indemnify the investor against was foreclosure.
[01:29:11.840 --> 01:29:18.840]  So once it's foreclosed, all of these insurance companies pay off, the bank has this huge pool of money.
[01:29:18.840 --> 01:29:21.840]  They don't care about the property.
[01:29:21.840 --> 01:29:23.840]  They got their money. They won the deal.
[01:29:23.840 --> 01:29:28.840]  Now they want the property to kind of fade away into the distance.
[01:29:28.840 --> 01:29:36.840]  They don't want to have to try to sell it and have a title company say, hey, this title is screwed up.
[01:29:36.840 --> 01:29:38.840]  I'm not giving you title insurance.
[01:29:38.840 --> 01:29:40.840]  And get people paying attention to it.
[01:29:40.840 --> 01:29:42.840]  Now they want to go away.
[01:29:42.840 --> 01:29:47.840]  This is Randy Kelsen, David Stevens and Greg with Law Radio.
[01:29:47.840 --> 01:29:54.840]  OK, Marshall, hold on. We'll finish you up on the other side and we'll go to Genius and Sonya.
[01:29:54.840 --> 01:29:56.840]  We'll be right back.
[01:29:59.840 --> 01:30:05.840]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:30:05.840 --> 01:30:07.840]  The government says that fire brought it down.
[01:30:07.840 --> 01:30:12.840]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:30:12.840 --> 01:30:17.840]  6,000 of my fellow service members have given their lives.
[01:30:17.840 --> 01:30:19.840]  I'm not a conspiracy theorist.
[01:30:19.840 --> 01:30:20.840]  I'm a structural engineer.
[01:30:20.840 --> 01:30:21.840]  I'm a New York City correctional.
[01:30:21.840 --> 01:30:22.840]  I'm an Air Force pilot.
[01:30:22.840 --> 01:30:24.840]  I'm a father who lost his son.
[01:30:24.840 --> 01:30:26.840]  We're Americans and we deserve the truth.
[01:30:26.840 --> 01:30:53.840]  Go to RememberBuilding7.org today.
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[01:32:01.840 --> 01:32:04.840]  You are listening to the Logos Radio Network.
[01:32:04.840 --> 01:32:11.840]  LogosRadioNetwork.com
[01:32:11.840 --> 01:32:18.840]  Are you here?
[01:32:41.840 --> 01:32:44.240]  Then they check around me Chippin' at the beach
[01:32:44.240 --> 01:32:46.600]  When you still got ET Chippin' at the beach
[01:32:46.600 --> 01:32:49.080]  Them all in the sea Chippin' at the shark
[01:32:49.080 --> 01:32:51.400]  And they wheel around me You know, see, man, kind
[01:32:51.400 --> 01:32:53.800]  Y'all take it crazy Get the clinic room
[01:32:53.800 --> 01:32:56.480]  And they want to repie Social security
[01:32:56.480 --> 01:32:58.760]  They go tell me Number when they give me
[01:32:58.760 --> 01:33:01.280]  Them repeater to see Yeah, I'm Chippin' when the morning
[01:33:01.280 --> 01:33:04.640]  Chippin' when the evening Chippin' while I'm dinner time
[01:33:04.640 --> 01:33:09.160]  Experiment and mankind But man, you know, say them lie
[01:33:09.160 --> 01:33:11.760]  Well, when I'm on a trip Man, you have your body
[01:33:11.760 --> 01:33:14.360]  Freedom or something Man, you fight for me
[01:33:14.360 --> 01:33:16.920]  You should tell them they're free Reedy
[01:33:16.920 --> 01:33:19.240]  Constitution set us free
[01:33:19.240 --> 01:33:21.600]  Can't let them put no Chippin' in your body
[01:33:21.600 --> 01:33:23.880]  Put no Chippin' in your dagger cap, you see
[01:33:23.880 --> 01:33:26.240]  No put no Chippin' in your coat and go ET
[01:33:26.240 --> 01:33:28.800]  No put no Chippin' in the fish and go ET
[01:33:28.800 --> 01:33:31.200]  All in the wheel and the shark in the sea
[01:33:31.200 --> 01:33:33.600]  Put the Miko Chippin' in the Miko baby
[01:33:33.600 --> 01:33:35.600]  Want to put the Chippin' in a gram bag
[01:33:35.600 --> 01:33:37.080]  Okay, want to bag the Miko Chippin'
[01:33:37.080 --> 01:33:40.080]  Oh, they keep their creak in your woodium
[01:33:40.080 --> 01:33:42.080]  To talk to Marshall Morgan
[01:33:42.080 --> 01:33:44.520]  Marshall, you have to get kind of closed up
[01:33:44.520 --> 01:33:49.320]  You've got some more collars and sass for him in the top
[01:33:49.320 --> 01:33:52.800]  What else? You're voting the question?
[01:33:52.800 --> 01:33:55.400]  The only thing left I would ask to confirm is
[01:33:55.400 --> 01:33:58.720]  It sounds like maybe this is a fairly rare or new process
[01:33:58.720 --> 01:34:01.160]  In terms of the bank spiraling in 1099A
[01:34:01.160 --> 01:34:02.800]  Is that group? Would that be a group?
[01:34:02.800 --> 01:34:06.000]  Yes, I have seen them
[01:34:06.000 --> 01:34:08.960]  But yes, it's relatively rare
[01:34:08.960 --> 01:34:14.680]  I may have seen three or four in 600 cases
[01:34:14.680 --> 01:34:16.560]  Okay
[01:34:16.560 --> 01:34:18.200]  Okay
[01:34:18.200 --> 01:34:20.600]  So, and from talking to Julius
[01:34:20.600 --> 01:34:23.160]  We're going to go to Julius next
[01:34:23.160 --> 01:34:27.680]  I don't think this is something we can raise an issue about
[01:34:27.680 --> 01:34:30.080]  You have plenty of things to raise an issue about
[01:34:30.080 --> 01:34:35.280]  Have your friends go to the county court record
[01:34:35.280 --> 01:34:40.240]  And study the documents that have been filed
[01:34:40.240 --> 01:34:41.880]  You might call back in tomorrow night
[01:34:41.880 --> 01:34:46.360]  And we'll talk about what you need to look for on those documents
[01:34:46.360 --> 01:34:51.720]  And I'll also talk about what you can do if you find anomalies
[01:34:51.720 --> 01:34:55.520]  They may be able to undermine the foreclosure
[01:34:55.520 --> 01:34:59.160]  And make the foreclosure go away
[01:34:59.160 --> 01:35:00.760]  Okay, we need to move ahead
[01:35:00.760 --> 01:35:02.240]  Give us a call tomorrow night
[01:35:02.240 --> 01:35:05.920]  And we can talk about what your friends can do
[01:35:05.920 --> 01:35:08.680]  To maybe save the situation after all
[01:35:08.680 --> 01:35:12.840]  Because in the year that they've been staying in the house
[01:35:12.840 --> 01:35:15.320]  The political situation for the banks
[01:35:15.320 --> 01:35:19.960]  Has deteriorated dramatically
[01:35:19.960 --> 01:35:21.280]  Okay, thank you, Marshall
[01:35:21.280 --> 01:35:24.280]  We're going to move on to Julius
[01:35:24.280 --> 01:35:27.840]  And I know Julius has something real interesting
[01:35:27.840 --> 01:35:31.200]  Julius, did you have something other than the 1099A
[01:35:31.200 --> 01:35:35.280]  Or did you just call in to bring us up to speed?
[01:35:35.280 --> 01:35:37.720]  No, I have something else quite interesting
[01:35:37.720 --> 01:35:40.000]  Besides the 1099A
[01:35:40.000 --> 01:35:44.600]  But I will, for your callers' sake, say that a 1099C
[01:35:44.600 --> 01:35:49.440]  Is the only time where he has to worry about paying tax
[01:35:49.440 --> 01:35:52.200]  Because that is the cancellation
[01:35:52.200 --> 01:35:54.480]  Not the acquisition
[01:35:54.480 --> 01:35:57.320]  And that is what most people get
[01:35:57.320 --> 01:36:01.760]  Where you look at the fair market value of the property
[01:36:01.760 --> 01:36:04.240]  And the outstanding debt
[01:36:04.240 --> 01:36:07.360]  If the outstanding debt is more
[01:36:07.360 --> 01:36:10.720]  Than the fair market value of the property
[01:36:10.720 --> 01:36:14.320]  Then the person has to pay tax on that
[01:36:14.320 --> 01:36:16.520]  You see, so in other words
[01:36:16.520 --> 01:36:18.840]  Because it's a net gain
[01:36:18.840 --> 01:36:21.240]  Right, and if the fair market value
[01:36:21.240 --> 01:36:24.360]  Were, say, 80,000 of the property
[01:36:24.360 --> 01:36:28.440]  And your loan balance was 100,000
[01:36:28.440 --> 01:36:31.680]  Well, that's a net of 20,000
[01:36:31.680 --> 01:36:36.040]  That you have to pay taxes on
[01:36:36.040 --> 01:36:38.680]  That's how the IRS looks at it
[01:36:38.680 --> 01:36:44.720]  So join AMWAY or one of these multi-level marketing businesses
[01:36:44.720 --> 01:36:47.160]  That never make a dime
[01:36:47.160 --> 01:36:47.840]  Right
[01:36:47.840 --> 01:36:49.920]  So that you can write off everything
[01:36:49.920 --> 01:36:52.720]  And write off that 20 grand
[01:36:52.720 --> 01:36:55.680]  Absolutely, and now what the banks are doing now
[01:36:55.680 --> 01:36:59.160]  Is not only are they collecting on the insurance
[01:36:59.160 --> 01:37:03.760]  By showing that the property had been foreclosed on
[01:37:03.760 --> 01:37:07.080]  They go back, reacquire the property
[01:37:07.080 --> 01:37:09.800]  Sell it for any kind of profit
[01:37:09.800 --> 01:37:12.080]  And make money on that
[01:37:12.080 --> 01:37:16.800]  And then send you a tax bill
[01:37:16.800 --> 01:37:21.600]  You know, the more I research into this
[01:37:21.600 --> 01:37:27.000]  The more sophisticated the scam appears to be to become
[01:37:27.000 --> 01:37:32.960]  Every single step seems to be structured with fraud
[01:37:32.960 --> 01:37:37.760]  It is, and it's structured for exponential profits
[01:37:37.760 --> 01:37:40.560]  Hand over fist
[01:37:40.560 --> 01:37:44.760]  Okay, did you have another issue you wanted to bring for us?
[01:37:44.760 --> 01:37:48.240]  Yes, one that's going to make everybody kind of laugh
[01:37:48.240 --> 01:37:51.760]  I went to a pretrial on two tickets
[01:37:51.760 --> 01:37:54.840]  At the City of Austin Municipal Court today
[01:37:54.840 --> 01:37:59.200]  And of course they dismissed everything that I filed motions for
[01:37:59.200 --> 01:38:03.280]  On the court door, it stated
[01:38:03.280 --> 01:38:08.400]  No recording devices or video devices allowed in the courtroom
[01:38:08.400 --> 01:38:09.320]  All right
[01:38:09.320 --> 01:38:12.080]  Now I had a witness come in with me
[01:38:12.080 --> 01:38:13.360]  Eddie knows the witness
[01:38:13.360 --> 01:38:15.360]  Her name is Ms. Mary
[01:38:15.360 --> 01:38:17.080]  Wonderful lady
[01:38:17.080 --> 01:38:18.400]  And I gave her a recording
[01:38:18.400 --> 01:38:21.600]  Yeah, I know the judge too, just by the comment here
[01:38:21.600 --> 01:38:25.640]  Okay, I have a special name for this particular Ms. Mary
[01:38:25.640 --> 01:38:28.560]  I call her the hottest baby in Austin next to Deborah
[01:38:28.560 --> 01:38:32.320]  No, it's not Mary Krennick, it's Mary Sanchez
[01:38:32.320 --> 01:38:35.120]  Oh, okay, I don't know her again, I can't, so I can't tell
[01:38:35.120 --> 01:38:37.440]  You're not ready?
[01:38:37.440 --> 01:38:39.360]  Oh, God, it's so funny
[01:38:39.360 --> 01:38:42.040]  So I gave her the audio recorder
[01:38:42.040 --> 01:38:47.040]  And both of us saw this person looking suspiciously at her
[01:38:47.040 --> 01:38:52.640]  Figuring that, hmm, you know, was this person gonna say something about her, you know, or something?
[01:38:52.640 --> 01:38:57.200]  Sure enough, she went and squealed to the court
[01:38:57.200 --> 01:39:02.280]  The officer came over to Ms. Mary and said, do you have a recording device?
[01:39:02.280 --> 01:39:04.400]  Step outside
[01:39:04.400 --> 01:39:10.400]  She steps outside and the officer compensated the recording device
[01:39:10.400 --> 01:39:11.200]  You see?
[01:39:11.200 --> 01:39:15.840]  Now, they didn't realize I had one too
[01:39:15.840 --> 01:39:17.160]  See?
[01:39:17.160 --> 01:39:21.160]  I recorded the whole event
[01:39:21.160 --> 01:39:25.720]  Wonderful, that's the trick, they never expect two
[01:39:25.720 --> 01:39:34.960]  Okay, Deborah, what was the case when the court said you could record your public officials?
[01:39:34.960 --> 01:39:38.560]  Was it, uh, I want to say the next one?
[01:39:38.560 --> 01:39:42.200]  Uh, that was, uh, shoot, I don't have it in front of me now
[01:39:42.200 --> 01:39:44.760]  That was the Glick, Glick case
[01:39:44.760 --> 01:39:53.080]  That was a, I believe that was the, uh, is the first or second circuit, it was a Massachusetts case
[01:39:53.080 --> 01:40:08.120]  And it said that, uh, I'll have to pull it up here, but basically the circuit court, the federal appellate court, said that we have a fundamental right to record all public servants during the course of their duties
[01:40:08.120 --> 01:40:18.640]  And of course the case had to do with filming police officers, but the appellate court did not restrict their opinion to law enforcement officers
[01:40:18.640 --> 01:40:22.080]  They said public servants, that includes the court
[01:40:22.080 --> 01:40:28.520]  And I was going to ask about this, this rule now that they have at the Austin Municipal Court
[01:40:28.520 --> 01:40:31.520]  I seriously doubt this is based on state law
[01:40:31.520 --> 01:40:34.960]  I don't see where they have the lawful authority to do that
[01:40:34.960 --> 01:40:42.000]  Randy, Eddie, do you know if the court has lawful authority to come up with a court rule like that?
[01:40:42.000 --> 01:40:52.600]  A rule, a rule cannot circumvent a state law or a specific right
[01:40:52.600 --> 01:41:01.080]  First amendment is a specific right, we have Glick saying specifically that we have the right to record our public officials
[01:41:01.080 --> 01:41:05.320]  No one can write a rule to overcome that
[01:41:05.320 --> 01:41:14.400]  Deborah, you were with me, I think, in Fort Lauderdale when I went into the, you weren't at the court when I went to the federal magistrate
[01:41:14.400 --> 01:41:19.880]  And asked the magistrate to allow me to videotape their courtroom
[01:41:19.880 --> 01:41:21.640]  Do you remember that?
[01:41:21.640 --> 01:41:25.320]  Uh, yes, yes, I do
[01:41:25.320 --> 01:41:31.680]  I kind of bushwhacked him, I asked the bailiff to tell the judge that I had business with the court and he didn't do it
[01:41:31.680 --> 01:41:38.840]  So when the judge finished her hearings, I stood up in the courtroom and said, Your Honor, I have business with the court
[01:41:38.840 --> 01:41:41.840]  And the bailiff was not happy
[01:41:41.840 --> 01:41:46.920]  But she asked the prosecutor to stay, asked the court reporter to stay
[01:41:46.920 --> 01:41:51.880]  And said everybody else can leave if they want to or they can stay if they want to, it doesn't matter
[01:41:51.880 --> 01:41:58.400]  And she called me up to the podium and I told her that my name is Randall Kelton and I do a radio show in Texas
[01:41:58.400 --> 01:42:03.880]  On legal reform and I get people calling me all the time telling me how corrupt the courts are
[01:42:03.880 --> 01:42:11.960]  And I have people calling me and telling me that in the federal courts
[01:42:11.960 --> 01:42:18.600]  The courts are changing the transcriptions of the court record
[01:42:18.600 --> 01:42:23.320]  To hide the shenanigans that they pull and I don't believe that, you know how people get
[01:42:23.320 --> 01:42:28.760]  They're always upset when they don't get what they want, they raise all these issues
[01:42:28.760 --> 01:42:36.120]  So in order to prove that's not true, I would like to come in here and videotape your courtroom so I can compare it to the transcript
[01:42:36.120 --> 01:42:41.560]  And show that you guys aren't adjusting the transcripts
[01:42:41.560 --> 01:42:47.560]  And she said, Oh, well, Mr. Kelton, I'm sorry I can't help you
[01:42:47.560 --> 01:42:51.320]  But there is a court rule against cameras in the courtroom
[01:42:51.320 --> 01:42:56.760]  And I said, Yes, Your Honor, I'm aware of that rule, but as I'm sure you know, it violates the First Amendment
[01:42:56.760 --> 01:43:00.120]  And you may not enforce it
[01:43:00.120 --> 01:43:07.720]  And he said, Well, Mr. Kelton, I'm sorry I can't help you, I says, OK, Your Honor, you already have
[01:43:07.720 --> 01:43:11.000]  Thank you very much and I turned around and walked out
[01:43:11.000 --> 01:43:14.200]  I didn't have time to pursue that issue
[01:43:14.200 --> 01:43:19.160]  But now with the Glick decision, it is a very good time to pursue that issue
[01:43:19.160 --> 01:43:25.800]  OK, I found it, I found it, it was the first circuit, it was the Glick case
[01:43:25.800 --> 01:43:30.280]  And here's what the judges said, this was in the ruling, it says
[01:43:30.280 --> 01:43:36.760]  A citizen's right to film government officials
[01:43:36.760 --> 01:43:40.360]  A citizen's right to film government officials
[01:43:40.360 --> 01:43:46.760]  Including law enforcement officers in the discharge of their duties in a public place
[01:43:46.760 --> 01:43:51.400]  A public space is a basic, vital and well-established liberty
[01:43:51.400 --> 01:43:53.960]  Safeguarded by the First Amendment
[01:43:53.960 --> 01:43:56.920]  Government officials in a public place
[01:43:56.920 --> 01:44:00.440]  Public space while they're during the course of their duty
[01:44:00.440 --> 01:44:03.640]  Hey, did you hear? Ron Paul's announced he's running for president in 2012
[01:44:03.640 --> 01:44:04.760]  It is Ron Paul
[01:44:04.760 --> 01:44:07.240]  Really? OK, put down the cell phone for one minute
[01:44:07.240 --> 01:44:10.440]  Your friends really don't care about your Twitter updates on what you had for breakfast
[01:44:10.440 --> 01:44:13.480]  Oh, but I'd love to make those little smiley faces with punctuation marks
[01:44:13.480 --> 01:44:14.600]  Of course you do
[01:44:14.600 --> 01:44:18.040]  Now listen closely, you need to go down to Brave New Books and learn as much as you can
[01:44:18.040 --> 01:44:20.520]  about Ron Paul and his message before it's too late
[01:44:20.520 --> 01:44:23.160]  They have all of his books and many of the books he talks about
[01:44:23.160 --> 01:44:25.800]  They also have t-shirts, bumper stickers and yard signs
[01:44:25.800 --> 01:44:28.200]  so that you can show your support for him during the campaign
[01:44:28.200 --> 01:44:30.680]  Brave New Books? Did they have Harry Potter and Twilight?
[01:44:31.320 --> 01:44:34.760]  No, but they do carry a large selection of survival and preparedness books
[01:44:34.760 --> 01:44:36.920]  to protect your family in time of emergency
[01:44:36.920 --> 01:44:39.640]  Ugh, that sounds like that show on the Discovery Channel
[01:44:39.640 --> 01:44:43.720]  Yeah, there's even a wilderness survival expert that teaches classes called Earthskill School
[01:44:43.720 --> 01:44:47.080]  that you can sign up for on the website bravenewbookstore.com
[01:44:47.080 --> 01:44:47.960]  What are you doing?
[01:44:47.960 --> 01:44:51.160]  I'm tweeting all my friends that they should go to bravenewbookstore.com
[01:44:51.160 --> 01:44:52.680]  or down to the bookstore in person
[01:44:52.680 --> 01:44:53.960]  Where's it located?
[01:44:53.960 --> 01:44:55.560]  1904 Guadalupe Street
[01:44:55.560 --> 01:44:56.440]  There, it's sent
[01:44:56.440 --> 01:44:58.200]  I even made a smiley face
[01:44:58.200 --> 01:44:58.680]  Great
[01:45:00.680 --> 01:45:03.240]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:15.080 --> 01:45:18.760]  If you have a lawyer, know what your lawyer should be doing
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[01:45:56.120 --> 01:46:01.160]  or call toll-free 866-LAW-EZ
[01:46:26.840 --> 01:46:29.880]  Something I realized fully
[01:46:31.160 --> 01:46:35.400]  Somebody's on a police, that's what he's meant
[01:46:35.400 --> 01:46:38.200]  Somebody's on a police, that's what he's meant
[01:46:39.640 --> 01:46:43.320]  There's always room at the top of the hill
[01:46:44.360 --> 01:46:47.720]  I hear through the grapevine and it's lonely left to
[01:46:48.760 --> 01:46:51.880]  They're wishing it was more than opposition to fail
[01:46:51.880 --> 01:46:56.760]  They know that if they don't do it, somebody will
[01:46:56.760 --> 01:47:00.680]  Some things in this world will never understand
[01:47:00.680 --> 01:47:04.360]  Something I realized fully
[01:47:04.360 --> 01:47:09.320]  Somebody's on a police, that's what he's meant
[01:47:09.320 --> 01:47:12.840]  Somebody's on a police, that's what he's meant
[01:47:12.840 --> 01:47:15.960]  Somebody's on a police, that's what he's meant
[01:47:15.960 --> 01:47:17.960]  Yeah, they're gonna put the bill
[01:47:17.960 --> 01:47:22.040]  I don't know why I'm so much inside this cell
[01:47:22.040 --> 01:47:24.360]  I know that when I'm never found
[01:47:24.360 --> 01:47:25.400]  I'm just back down
[01:47:25.400 --> 01:47:26.840]  Okay, are we ready?
[01:47:26.840 --> 01:47:28.200]  I know that when I'm never found
[01:47:28.200 --> 01:47:30.360]  Yes, are you gonna bring us in?
[01:47:30.360 --> 01:47:33.000]  Want to hear how good you sound on the radio
[01:47:33.000 --> 01:47:33.500]  Okay
[01:47:33.500 --> 01:47:35.720]  Well, I'm not sure I sound so hot this evening
[01:47:35.720 --> 01:47:38.600]  Considering the internet issues I'm having over here at the house
[01:47:38.600 --> 01:47:40.520]  You know, it's just one of those things where
[01:47:40.520 --> 01:47:43.400]  Uh-oh, they stuck me on DSL
[01:47:44.280 --> 01:47:46.600]  And uh, because it's all I can get over here
[01:47:46.600 --> 01:47:50.200]  But in any case, at least you can hear me somewhat
[01:47:50.200 --> 01:47:51.880]  That's better than nothing, I suppose
[01:47:51.880 --> 01:47:54.360]  Depending upon your take on the situation
[01:47:54.360 --> 01:47:58.600]  Eddie, with your voice, they can hear you in San Antonio
[01:47:58.600 --> 01:48:00.200]  Well, that's true
[01:48:01.320 --> 01:48:02.840]  And won't argue that at all
[01:48:02.840 --> 01:48:04.280]  Just ask anyone in class
[01:48:06.280 --> 01:48:09.480]  All right, I wanted to read some more about this Glick case
[01:48:10.200 --> 01:48:11.720]  Another quote from the case
[01:48:12.280 --> 01:48:13.000]  It says here
[01:48:13.000 --> 01:48:17.000]  Quote, gathering information about government officials
[01:48:17.000 --> 01:48:21.400]  In a form that can be readily disseminated to others
[01:48:21.400 --> 01:48:24.440]  Serves as a cardinal first amendment interest
[01:48:24.440 --> 01:48:28.280]  In protecting and promoting the free discussion
[01:48:28.280 --> 01:48:30.280]  Of governmental affairs
[01:48:31.880 --> 01:48:34.440]  And also, in another case
[01:48:35.000 --> 01:48:37.400]  The first circuit in a related opinion
[01:48:37.400 --> 01:48:40.200]  An earlier opinion, and I don't know if I can pronounce this
[01:48:40.200 --> 01:48:41.560]  I'm probably gonna butcher this
[01:48:41.560 --> 01:48:45.400]  I.O. Aya Kabuchi V. Boulter
[01:48:47.000 --> 01:48:49.880]  They said the court dismissed the suggestion
[01:48:49.880 --> 01:48:53.240]  That the discussion of the first amendment right to record
[01:48:53.240 --> 01:48:56.040]  Was too cursory to clearly establish the right
[01:48:56.600 --> 01:48:58.360]  That's what the government was trying to say
[01:48:59.480 --> 01:49:01.320]  The court says to the contrary
[01:49:01.320 --> 01:49:04.120]  Okay, to the contrary, the court stated, quote
[01:49:04.120 --> 01:49:08.040]  The terse-ness implicitly speaks to the fundamental
[01:49:08.040 --> 01:49:11.640]  And virtually self-evident nature
[01:49:11.640 --> 01:49:15.080]  Of the first amendment's protections in this area
[01:49:15.640 --> 01:49:20.200]  So the first circuit is kicking some serious booty
[01:49:20.200 --> 01:49:21.720]  Over there on the east coast
[01:49:22.680 --> 01:49:25.720]  Concerning protecting rights of the first amendment rights
[01:49:25.720 --> 01:49:29.480]  And protecting the rights of people to record public servants
[01:49:29.480 --> 01:49:32.120]  Here they call it government officials
[01:49:32.680 --> 01:49:35.880]  All right, but to film our public servants
[01:49:35.880 --> 01:49:38.200]  It says, including law officers
[01:49:38.200 --> 01:49:42.040]  In the discharge of their duties in a public space
[01:49:42.040 --> 01:49:45.880]  It is a basic, vital, and well-established liberty
[01:49:45.880 --> 01:49:47.640]  Safeguarded by the first amendment
[01:49:47.640 --> 01:49:52.280]  I'm reading here from an article from Citizen Media Law Project
[01:49:53.240 --> 01:49:54.840]  So you guys can look that up
[01:49:54.840 --> 01:49:58.200]  Guys and gals can look that up on XQuick or StartPage
[01:49:58.760 --> 01:50:01.400]  Citizen Media Law Project
[01:50:01.400 --> 01:50:04.040]  And there's also a discussion about how this case
[01:50:04.040 --> 01:50:12.040]  Will set precedent for the public being able to record in courts
[01:50:13.080 --> 01:50:17.720]  So in the case of what's going on here in the Austin Municipal Court
[01:50:18.840 --> 01:50:22.600]  I would say the solution or a solution would be
[01:50:23.240 --> 01:50:24.760]  You just go in there and do it
[01:50:25.480 --> 01:50:29.080]  And if they take your property
[01:50:29.640 --> 01:50:32.760]  Well, first you file criminal charges against them for theft
[01:50:32.760 --> 01:50:36.440]  Petty theft, you could sue them in small claims court
[01:50:37.640 --> 01:50:40.840]  To get reimbursed or to get your property back
[01:50:41.720 --> 01:50:45.480]  But you also file federal lawsuit against the city of Austin
[01:50:46.120 --> 01:50:48.360]  And against the individuals personally
[01:50:49.400 --> 01:50:51.880]  For denying you your right
[01:50:51.880 --> 01:50:54.600]  You could do a Section 1983 suit as well
[01:50:54.600 --> 01:50:57.480]  There's many statutes you could file the suit under
[01:50:57.480 --> 01:51:01.960]  For denying your right for filming public servants
[01:51:01.960 --> 01:51:06.280]  In a public place during the normal discharge of their duties
[01:51:09.640 --> 01:51:12.600]  Make it a federal civil rights lawsuit
[01:51:12.600 --> 01:51:18.280]  And see if we can't put the city of Austin in their place
[01:51:18.280 --> 01:51:22.760]  And these people that are prancing around in the municipal court
[01:51:22.760 --> 01:51:24.200]  Thinking that they're all that
[01:51:24.200 --> 01:51:25.480]  I mean, this has got to stop
[01:51:26.760 --> 01:51:29.240]  Okay, if me and Eddie could go down there
[01:51:29.240 --> 01:51:32.200]  And I could give Eddie the recorder
[01:51:33.160 --> 01:51:35.880]  And then I could probably get the bailiffs
[01:51:36.520 --> 01:51:39.240]  To beat Eddie into unconsciousness
[01:51:39.240 --> 01:51:42.440]  And just think of the suit he would have against him
[01:51:43.880 --> 01:51:46.520]  Is that a good idea Eddie or what?
[01:51:47.960 --> 01:51:52.040]  Well, I guess that really depends on who's going to be inflicting bruises on who
[01:51:52.040 --> 01:51:54.120]  I won't go alone when I guarantee you
[01:51:54.120 --> 01:51:59.080]  Okay, we are running out of time
[01:51:59.720 --> 01:52:01.640]  Julius, do you have anything else for us?
[01:52:01.640 --> 01:52:05.320]  We've got Sonya on and she was actually in front of you Julius
[01:52:05.320 --> 01:52:07.960]  I want to make sure I get her before we run out of time
[01:52:07.960 --> 01:52:10.360]  And I know what a big win bank you are Julius
[01:52:10.920 --> 01:52:11.720]  Eddie told me
[01:52:12.520 --> 01:52:13.640]  Yeah, just one point
[01:52:14.200 --> 01:52:16.040]  But Judge, I caught him on record
[01:52:16.040 --> 01:52:19.320]  He said I'm too good looking to be recorded
[01:52:19.320 --> 01:52:21.080]  Oh, yes, it's true
[01:52:21.080 --> 01:52:22.040]  That was the right
[01:52:22.040 --> 01:52:24.360]  Yeah, that might be Judge Jenkins
[01:52:24.360 --> 01:52:25.320]  Not to record
[01:52:25.320 --> 01:52:27.080]  That's earring boy for sure
[01:52:28.200 --> 01:52:30.840]  I've heard it used that line numerous times
[01:52:31.640 --> 01:52:33.960]  Judge Jenkins, you remember him Eddie?
[01:52:35.320 --> 01:52:36.200]  Oh, I remember
[01:52:37.640 --> 01:52:39.320]  He's talking about his diamond earring
[01:52:39.320 --> 01:52:41.880]  That he loves to support in the courtroom
[01:52:41.880 --> 01:52:43.000]  It's very ridiculous
[01:52:43.000 --> 01:52:45.800]  When my case is done, it's going to be Judge Mud
[01:52:45.800 --> 01:52:47.160]  But yeah, I know him
[01:52:48.040 --> 01:52:50.520]  Oh yeah, let's take him to federal court
[01:52:50.520 --> 01:52:54.520]  Oh yeah, that would be perfect to take Jenkins to federal court
[01:52:54.520 --> 01:52:55.720]  That would be wonderful
[01:52:56.520 --> 01:52:57.320]  Would love to
[01:52:57.320 --> 01:52:59.560]  Now you guys get on to your other callers
[01:53:00.760 --> 01:53:01.080]  Thank you Julius
[01:53:01.080 --> 01:53:02.200]  All right, thanks Julius
[01:53:02.920 --> 01:53:03.800]  You're welcome
[01:53:03.800 --> 01:53:08.040]  Now we'll go to Sonya in Connecticut
[01:53:09.640 --> 01:53:09.960]  Hi
[01:53:11.240 --> 01:53:12.200]  Hello Sonya
[01:53:12.920 --> 01:53:14.440]  Sorry, we made you wait so long
[01:53:15.000 --> 01:53:15.880]  No, that's okay
[01:53:15.880 --> 01:53:19.240]  Actually, I might have said something quick
[01:53:19.240 --> 01:53:22.280]  I have a case that I talked with
[01:53:22.280 --> 01:53:25.240]  I talked with Deborah and Eddie about a month ago
[01:53:25.240 --> 01:53:27.240]  And I did take their advice
[01:53:27.240 --> 01:53:29.480]  And I filed sanctions for professional misconduct
[01:53:29.480 --> 01:53:30.680]  Against one of the defense
[01:53:30.680 --> 01:53:35.640]  Or the two co-defendants in my federal lawsuit
[01:53:35.640 --> 01:53:39.240]  And still waiting for the judge to make a decision
[01:53:39.240 --> 01:53:40.840]  It was the right date for that
[01:53:40.840 --> 01:53:42.040]  It was May 3rd
[01:53:42.040 --> 01:53:44.280]  And the judge still hasn't decided on that
[01:53:44.280 --> 01:53:47.240]  The other guys were, the defense were kind of crying
[01:53:47.240 --> 01:53:50.040]  Filing their objections and crying
[01:53:50.040 --> 01:53:53.240]  Yeah, that's because one attorney will never do that to another
[01:53:53.240 --> 01:53:55.240]  You have the benefit of not giving a crap
[01:53:55.240 --> 01:53:57.240]  Oh, they did say in their motion
[01:53:57.240 --> 01:53:59.240]  If I had been an attorney
[01:53:59.240 --> 01:54:02.200]  If I had been an attorney, I'd be the one in line for sanctions
[01:54:02.200 --> 01:54:03.240]  Well, that's a shame
[01:54:03.240 --> 01:54:09.240]  But anyway, meanwhile, I was wondering
[01:54:09.240 --> 01:54:16.440]  If I could go for a partial summary judgment on the TCPA part
[01:54:16.440 --> 01:54:22.440]  Of my lawsuit against a one defendant
[01:54:22.440 --> 01:54:24.440]  For Section 227
[01:54:24.440 --> 01:54:28.440]  The automated pre-record phone calls to me as a third party
[01:54:28.440 --> 01:54:30.440]  And I was going to ask Deborah about that
[01:54:30.440 --> 01:54:32.440]  And we'd like some of that
[01:54:32.440 --> 01:54:34.440]  Well, I'm not familiar with the case
[01:54:34.440 --> 01:54:36.440]  I'd have to look at the course of the case
[01:54:36.440 --> 01:54:40.440]  I mean, you sued them in federal court
[01:54:40.440 --> 01:54:42.440]  Right, well, what happened was
[01:54:42.440 --> 01:54:44.440]  This has to do with a car loan of my son's
[01:54:44.440 --> 01:54:48.440]  August of last year, a company showed up in his credit report
[01:54:48.440 --> 01:54:50.440]  He didn't know who they were
[01:54:50.440 --> 01:54:52.440]  He disputed with them
[01:54:52.440 --> 01:54:56.440]  And immediately upon their receipt of the dispute
[01:54:56.440 --> 01:55:00.440]  Instead of giving my son any sort of documentation
[01:55:00.440 --> 01:55:04.440]  As to whether in his credit report or what was going on
[01:55:04.440 --> 01:55:06.440]  They started calling his cell phone acting like...
[01:55:06.440 --> 01:55:08.440]  Not they, I should say
[01:55:08.440 --> 01:55:12.440]  People started calling his cell phone acting like police officers
[01:55:12.440 --> 01:55:15.440]  And it just got worse and worse from there
[01:55:15.440 --> 01:55:19.440]  And then last February, not this year, last year
[01:55:19.440 --> 01:55:21.440]  The company actually started calling my home phone
[01:55:21.440 --> 01:55:24.440]  And I have nothing to do with where my son lives
[01:55:24.440 --> 01:55:27.440]  And leaving pre-recorded automated messages
[01:55:27.440 --> 01:55:30.440]  And then last June and then to July
[01:55:30.440 --> 01:55:32.440]  I started getting phone calls from an abusive...
[01:55:32.440 --> 01:55:36.440]  Okay, have you sued them yet under TCPA?
[01:55:36.440 --> 01:55:37.440]  Yeah, I did
[01:55:37.440 --> 01:55:39.440]  And that's when I got...
[01:55:39.440 --> 01:55:42.440]  In this district, apparently it was customary
[01:55:42.440 --> 01:55:45.440]  Not to bring TCPA in the federal court
[01:55:45.440 --> 01:55:48.440]  And that's why I got that phone call
[01:55:48.440 --> 01:55:50.440]  No, the court, the federal...
[01:55:50.440 --> 01:55:54.440]  The Supreme Court just ruled like two months ago
[01:55:54.440 --> 01:55:58.440]  That TCPA absolutely can be used in federal cases
[01:55:58.440 --> 01:56:00.440]  And I don't even understand why it was ever even a question
[01:56:00.440 --> 01:56:02.440]  It's a federal law
[01:56:02.440 --> 01:56:06.440]  Exactly, and so that's why after they ruled that
[01:56:06.440 --> 01:56:09.440]  I went... Wait, wait, what did they rule?
[01:56:09.440 --> 01:56:13.440]  The federal court ruled that you can't bring TCPA into their court?
[01:56:13.440 --> 01:56:16.440]  No, no, what happened was this
[01:56:16.440 --> 01:56:19.440]  I was due to file an amended complaint
[01:56:19.440 --> 01:56:22.440]  And prior to my filing an amended complaint
[01:56:22.440 --> 01:56:25.440]  I got the phone call from the company's lawyers
[01:56:25.440 --> 01:56:29.440]  Threatening me saying that if I continued litigation
[01:56:29.440 --> 01:56:32.440]  That they're going to have motion to have me thrown off the case
[01:56:32.440 --> 01:56:35.440]  And I didn't really understand why
[01:56:35.440 --> 01:56:38.440]  Until the day before I was due to file the amended complaint
[01:56:38.440 --> 01:56:41.440]  Then found out that, oh, lo and behold
[01:56:41.440 --> 01:56:46.440]  This district didn't hear the TCPA case
[01:56:46.440 --> 01:56:50.440]  Okay, well for one thing, you need to file a bar grievance against that attorney
[01:56:50.440 --> 01:56:52.440]  And file sanctions for threatening you?
[01:56:52.440 --> 01:56:53.440]  Well, I did
[01:56:53.440 --> 01:56:55.440]  Okay, okay, all right
[01:56:55.440 --> 01:56:59.440]  And also, okay, so did you file the amended petition or not?
[01:56:59.440 --> 01:57:01.440]  I filed a new complaint
[01:57:01.440 --> 01:57:03.440]  You filed a new complaint
[01:57:03.440 --> 01:57:05.440]  So you started a brand new lawsuit?
[01:57:05.440 --> 01:57:07.440]  Brand new lawsuit, right
[01:57:07.440 --> 01:57:09.440]  Because the other one had my son on it
[01:57:09.440 --> 01:57:11.440]  They were threatening him, he had to go in for surgery
[01:57:11.440 --> 01:57:15.440]  Were you a co-plaintiff on the first lawsuit?
[01:57:15.440 --> 01:57:16.440]  Yes, I was
[01:57:16.440 --> 01:57:19.440]  Okay, so what are you doing with the first lawsuit?
[01:57:19.440 --> 01:57:23.440]  I mean, why didn't you just amend that complaint?
[01:57:23.440 --> 01:57:27.440]  Because the men's decision hadn't come in yet
[01:57:27.440 --> 01:57:30.440]  I had to dismiss it a week before the men's petition came through
[01:57:30.440 --> 01:57:32.440]  Before the what?
[01:57:32.440 --> 01:57:35.440]  The men's versus arrow financial, that's a Supreme Court decision you're talking about
[01:57:35.440 --> 01:57:38.440]  Why did you have to dismiss the case? I don't understand
[01:57:38.440 --> 01:57:43.440]  Well, voluntarily dismiss it because I wouldn't have had any
[01:57:43.440 --> 01:57:48.440]  I wouldn't have had any standing in the district court at that time
[01:57:48.440 --> 01:57:51.440]  If only I had held out for a week
[01:57:51.440 --> 01:57:54.440]  The men's versus arrow financial supreme court case would have come through
[01:57:54.440 --> 01:57:56.440]  And I would have been fine, but I didn't have a crystal ball
[01:57:56.440 --> 01:57:58.440]  Okay, okay, wait a minute, Sonia
[01:57:58.440 --> 01:58:00.440]  We're going to have to talk about this again
[01:58:00.440 --> 01:58:03.440]  We're out of time
[01:58:03.440 --> 01:58:09.440]  I'm not here on Friday nights, but you may want to call back in on Monday or Thursday
[01:58:09.440 --> 01:58:13.440]  Why don't you send Mike Mears an email?
[01:58:13.440 --> 01:58:16.440]  He also may be able to better answer this question
[01:58:16.440 --> 01:58:20.440]  Call him tomorrow night, we'd like to talk about this
[01:58:20.440 --> 01:58:23.440]  Tomorrow night, maybe I'll call Monday if I can do that
[01:58:23.440 --> 01:58:24.440]  Okay
[01:58:24.440 --> 01:58:26.440]  Can you email you or something?
[01:58:26.440 --> 01:58:29.440]  I can't really help people off the air, I'm just too busy
[01:58:29.440 --> 01:58:34.440]  And I don't even offer myself my time for hire anymore
[01:58:34.440 --> 01:58:36.440]  Because I'm just too busy
[01:58:36.440 --> 01:58:40.440]  So the best I can say is you just have to call in Monday or call in tomorrow night
[01:58:40.440 --> 01:58:42.440]  Or you could call Mike Mears
[01:58:42.440 --> 01:58:47.440]  Alright, we'll be back tomorrow night for our Friday 4 hour info marathon
[01:58:47.440 --> 01:59:10.440]  With Eddie and Randy
[01:59:17.440 --> 01:59:22.440]  This translation is highly accurate
[01:59:22.440 --> 01:59:25.440]  And it comes with over 13,000 cross references
[01:59:25.440 --> 01:59:29.440]  Plus charts and maps and an outline for every book of the Bible
[01:59:29.440 --> 01:59:32.440]  This is truly a Bible you can understand
[01:59:32.440 --> 01:59:35.440]  To get your free copy of the New Testament recovery version
[01:59:35.440 --> 01:59:40.440]  Call us toll free at 888-551-0102
[01:59:40.440 --> 01:59:44.440]  That's 888-551-0102
[01:59:44.440 --> 01:59:49.440]  Or visit us online at bfa.org