[00:09.320 --> 00:13.680]  I'm Brian Hagin with your Liberty Beat for Friday, August 15th, 2014.
[00:13.680 --> 00:21.920]  Gold opened today at $1,304, silver opened at $19.60, and bitcoin is trading around $509.33.
[00:21.920 --> 00:26.280]  Support for the Liberty Beat comes from Roberts & Roberts Brokerage Incorporated, specializing
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[00:35.120 --> 00:39.080]  In the news, on Thursday, Missouri Governor Jay Nixon announced the Missouri State Highway
[00:39.080 --> 00:42.100]  Patrol will handle policing of Ferguson, Missouri.
[00:42.100 --> 00:46.360]  The site of large protests and police violence says a police officer shot 18-year-old Mike
[00:46.360 --> 00:49.160]  Brown to death on Saturday.
[00:49.160 --> 00:53.160]  News Channel 5 also reported the FBI would be taking over the investigation into the
[00:53.160 --> 00:54.160]  shooting.
[00:54.160 --> 00:57.720]  The FBI will handle all operations, protests, and other activities.
[00:57.720 --> 01:01.320]  Local police will operate under the direction of the FBI.
[01:01.320 --> 01:04.680]  Governor Nixon said the police should release the name of the officer accused of shooting
[01:04.680 --> 01:05.680]  Brown.
[01:05.680 --> 01:10.400]  Nixon also stated that Ferguson resembled a war zone.
[01:10.400 --> 01:14.360]  On Thursday, press freedom organizations held a press conference in support of New York
[01:14.360 --> 01:16.400]  Times reporter James Risen.
[01:16.400 --> 01:20.280]  The U.S. Department of Justice is attempting to compel Risen to testify against former
[01:20.280 --> 01:26.140]  CIA employee Jeffrey Sterling, who they accuse of leaking classified information to Risen.
[01:26.140 --> 01:30.960]  Risen is the author of the 2006 book State of War, which describes the CIA's efforts
[01:30.960 --> 01:33.680]  to interrupt the Iranian nuclear program.
[01:33.680 --> 01:38.860]  The groups presented a petition of more than 100,000 signatures, asking the Justice Department
[01:38.860 --> 01:41.240]  to quit their pursuit of Risen.
[01:41.240 --> 01:45.880]  If Risen does not testify against Sterling, he will face jail time and fines.
[01:45.880 --> 01:49.120]  The conference is organized by the Committee to Protect Journalists, the Freedom of the
[01:49.120 --> 01:53.700]  Press Foundation, the Government Accountability Project, the Reporters Committee for Freedom
[01:53.700 --> 01:58.640]  of the Press, and Reporters Without Borders.
[01:58.640 --> 02:04.040]  An eBay subsidiary, Braintree Payments, is exploring Bitcoin acceptance, the Wall Street
[02:04.040 --> 02:05.480]  Journal reports.
[02:05.480 --> 02:09.360]  Braintree Payments is part of PayPal, which is owned by eBay.
[02:09.360 --> 02:14.480]  PayPal executives have reportedly been meeting with Coinbase, a Bitcoin merchant processor,
[02:14.480 --> 02:17.320]  about accepting Bitcoin on the Braintree network.
[02:17.320 --> 02:19.520]  At this time, no agreements have been made.
[02:19.520 --> 02:26.040]  eBay CEO John Donahoe is headed at the potential for Bitcoin integration in the past.
[02:26.040 --> 02:30.600]  Support for the Liberty Beat comes from Brave New Books, your local source for all things
[02:30.600 --> 02:31.600]  Bitcoin.
[02:31.600 --> 02:37.440]  Now hosting a Bitcoin ATM, located in Austin, Texas at 1904 Guadalupe Street, or online
[02:37.440 --> 02:39.560]  bravenewbookstore.com.
[02:39.560 --> 02:42.160]  And support comes from the notorious activist Michael Cargill.
[02:42.160 --> 02:48.360]  He has a new show called Come and Talk It, live Sunday afternoons, 4 p.m. on 1370 a.m.
[02:48.360 --> 02:49.360]  in Austin.
[02:49.360 --> 02:52.520]  It's 1370 a.m., Sundays at 4 p.m.
[02:52.520 --> 02:57.200]  This is the Liberty Beat for Friday, August 15, 2014.
[02:57.200 --> 03:20.000]  Check out the website at thelibertybeat.com.
[03:27.200 --> 03:38.640]  Okay, we are back, we're in the Hilton in Skidmore, Guadalupe Radio, here with Danny
[03:38.640 --> 03:39.640]  in Texas.
[03:39.640 --> 03:44.520]  Okay, Danny, did you want to go through this, your community, with how it's structured?
[03:44.520 --> 03:50.360]  Well, I can just kind of give the general outline, not necessarily going through all
[03:50.360 --> 03:51.360]  the steps.
[03:51.360 --> 03:57.040]  The purpose of it was to show the steps into things where they definitely don't want to
[03:57.040 --> 04:01.360]  go because they've not been going there for so long.
[04:01.360 --> 04:10.640]  And so you start with the examining trial, and then the magistrate is supposed to seal
[04:10.640 --> 04:16.880]  up all the records from that and send them to the clerk of the proper court.
[04:16.880 --> 04:23.160]  And then identify those clerks, as it turns out to be, the county clerk or the district
[04:23.160 --> 04:24.160]  clerk.
[04:24.160 --> 04:30.480]  And that would be coming out of, say, a JP court, that would be the district clerk, which
[04:30.480 --> 04:38.560]  would then hand it over to the grand jury for a Mr. Mayor indictment.
[04:38.560 --> 04:45.160]  And that is in the Code of Chrome procedure, and it's in the Constitution in Article V,
[04:45.160 --> 04:49.760]  Section 17, to do with the courts, the merits, the campus.
[04:49.760 --> 04:52.400]  Okay, hold on a second.
[04:52.400 --> 05:02.600]  What Danny was going to is 17.30 after a magistrate holds an examining trial.
[05:02.600 --> 05:08.680]  And under 1617, they're to issue an order showing whether they found probable cause
[05:08.680 --> 05:11.500]  or released a person at the liberty.
[05:11.500 --> 05:19.880]  And if there is, there hasn't been a warrant issued, the magistrate needs to issue a warrant.
[05:19.880 --> 05:26.560]  In reading how the code is structured, it is the warrant that transfers jurisdiction
[05:26.560 --> 05:34.800]  from the magistrate to the court, and they do it under 17.30 by sealing all documents
[05:34.800 --> 05:40.200]  had in the hearing, cause their name to be written across the seal of the envelope, and
[05:40.200 --> 05:42.200]  forward it to the clerk of the court of jurisdiction.
[05:42.200 --> 05:48.000]  Travis County is about the only county that I've seen, I vaguely remember one other,
[05:48.000 --> 05:54.200]  that actually does send all the documentation to the clerk of the court.
[05:54.200 --> 05:59.240]  They don't necessarily do it in the seal of the envelope, but at least they do that.
[05:59.240 --> 06:06.240]  So that transfers jurisdiction from the magistrate, who has jurisdiction to hold an examining
[06:06.240 --> 06:12.000]  trial based on the complaint, it's the complaint that gives the magistrate jurisdiction, then
[06:12.000 --> 06:16.280]  she's to seal that complaint up with all the other documents, and send it to the clerk,
[06:16.280 --> 06:20.600]  and it moves jurisdiction over to the clerk, and then the clerk is to keep all those papers
[06:20.600 --> 06:24.760]  safe and deliver them up to the next grand jury, that's 17.31.
[06:24.760 --> 06:29.760]  Does that sound right, Danny?
[06:29.760 --> 06:31.760]  Yeah.
[06:31.760 --> 06:36.480]  And the thing is, they haven't been doing Mr. Mayor indictments since like the mid 40s.
[06:36.480 --> 06:44.080]  I know I dug into the records of Cuffe County courthouses, and the records are there of
[06:44.080 --> 06:52.360]  the grand jury returning indictments for misdemeanors, but just trailed off in like the mid 40s or
[06:52.360 --> 07:00.800]  so, while everybody's attention was overseas, and basically just stopped back at that time.
[07:00.800 --> 07:02.520]  And so...
[07:02.520 --> 07:13.080]  That would be a great remedy for this 97% conviction rate, I'm sorry 99.6% conviction
[07:13.080 --> 07:23.280]  rate, if you got that put back in place, where a grand jury has to indict all of them.
[07:23.280 --> 07:25.160]  That would change everything.
[07:25.160 --> 07:26.160]  One step...
[07:26.160 --> 07:34.360]  Yeah, I see one step of the process under the Constitution, Article 5, Section 17, where
[07:34.360 --> 07:40.480]  it could be by information in the constitutional county court, by the way I read it, that's
[07:40.480 --> 07:48.600]  the only court that's authorized to get jurisdiction just by an information.
[07:48.600 --> 07:56.480]  Otherwise, in the other court, it's by indictment.
[07:56.480 --> 08:02.000]  And I remember a couple of weeks ago, you were talking about when they used the, like
[08:02.000 --> 08:07.640]  the court or the whichever, it's referring to something that's been previously defined
[08:07.640 --> 08:09.640]  or indicated?
[08:09.640 --> 08:15.400]  The means one previously mentioned.
[08:15.400 --> 08:23.080]  Yeah, okay, if you look at paragraph 5 there, it says upon receiving a complaint attorney
[08:23.080 --> 08:27.880]  for the state shall prepare an information and file it in the court having jurisdiction.
[08:27.880 --> 08:33.720]  It doesn't say a court having jurisdiction, it says the court having jurisdiction.
[08:33.720 --> 08:38.320]  So you know, I make reference there to Article 2.05, co-occurial procedure, because that's
[08:38.320 --> 08:44.920]  where it indicates this, and the text of this Constitution, Article 5, Section 17, because
[08:44.920 --> 08:48.880]  that's where it indicates where that particular court is.
[08:48.880 --> 08:52.080]  That's the constitutional county court.
[08:52.080 --> 09:05.800]  So even though a statutory county court could have jurisdiction over the particular issue,
[09:05.800 --> 09:10.360]  it doesn't get jurisdiction by that process.
[09:10.360 --> 09:13.680]  The process for it would still be by indictment.
[09:13.680 --> 09:22.160]  So, and I've also seen something says that, so like only about 70 counties in Texas that
[09:22.160 --> 09:25.000]  has a statutory county court.
[09:25.000 --> 09:33.960]  Okay, that's a question that I have I need to ask you, specifically, what is the difference
[09:33.960 --> 09:40.160]  between a statutory county court and a county court at law?
[09:40.160 --> 09:46.960]  Well, I consider it to be the same thing.
[09:46.960 --> 09:50.680]  It's one created by legislative statute rather than by the Constitution.
[09:50.680 --> 09:56.000]  Wait a minute, that didn't make sense.
[09:56.000 --> 10:01.120]  If they're the same thing, one is a constitutional county court and the other one is created
[10:01.120 --> 10:02.120]  by statute.
[10:02.120 --> 10:06.320]  But the constitutional county court is created by the Constitution.
[10:06.320 --> 10:08.800]  Okay, that's what I was asking.
[10:08.800 --> 10:13.520]  What is this, that the specific difference, you're saying that the county court at law
[10:13.520 --> 10:19.720]  is created by statute and not by the Constitution.
[10:19.720 --> 10:21.640]  Right.
[10:21.640 --> 10:33.600]  What is the difference in what they, how they exist that justifies the existence of the
[10:33.600 --> 10:36.280]  two different courts?
[10:36.280 --> 10:42.720]  Or is it just that the Constitution didn't establish a county court in all of these counties
[10:42.720 --> 10:47.080]  who later came to need one?
[10:47.080 --> 10:49.040]  Or is there some other reason they did that?
[10:49.040 --> 10:56.840]  No, I think every county has one by the Constitution, but then they may have a county court at law
[10:56.840 --> 10:57.840]  added in later.
[10:57.840 --> 11:05.480]  As a matter of fact, a lot of the larger counties, the Constitution of county court doesn't do
[11:05.480 --> 11:17.000]  any regular court kinds of things, they just do the more executive type.
[11:17.000 --> 11:19.120]  County commissioners court.
[11:19.120 --> 11:20.120]  Right.
[11:20.120 --> 11:22.600]  Okay, so that was what I thought it was.
[11:22.600 --> 11:23.960]  That's what I kind of want to hear.
[11:23.960 --> 11:29.720]  So the constitutional county court is the county commissioners court.
[11:29.720 --> 11:42.280]  And the county court at law is the one that prosecutes criminal actions now.
[11:42.280 --> 11:50.360]  Is the county court at law a part of the constitutional county court?
[11:50.360 --> 11:54.720]  Is it a subdivision of the constitutional county court?
[11:54.720 --> 12:03.080]  Like the district court has broken off the section and called the family court.
[12:03.080 --> 12:07.040]  They're both district court, but one of them is called family court and one of them is
[12:07.040 --> 12:10.080]  called criminal court and one of them is called civil.
[12:10.080 --> 12:13.000]  They're all part of the same original entity.
[12:13.000 --> 12:23.520]  Is it that way with the county court at law that it's actually created under the constitutional
[12:23.520 --> 12:27.120]  county court or is it a separate entity?
[12:27.120 --> 12:34.760]  Well, I always thought it was a separate entity, but I can't say for certain.
[12:34.760 --> 12:36.760]  I guess that's the real question.
[12:36.760 --> 12:48.240]  If it is just a subdivision of the constitutional county court, then we don't have the argument
[12:48.240 --> 12:58.400]  saying that, well, we still have to go to the way the constitution reads, even if there's
[12:58.400 --> 13:06.320]  a county court at law, the complaint would still have to go to the grand jury.
[13:06.320 --> 13:16.720]  It seems that I remember some code that directs a misdemeanor to the county attorney rather
[13:16.720 --> 13:19.600]  than the grand jury.
[13:19.600 --> 13:26.320]  I'd have to go back and refresh my memory because I haven't read that part yet.
[13:26.320 --> 13:34.520]  That would be in the, it's probably 206 or 207, the Code of Criminal Procedure.
[13:34.520 --> 13:37.240]  Are you familiar with that?
[13:37.240 --> 13:42.480]  No, I know I've read it, but I don't have it off the top of my head here.
[13:42.480 --> 13:43.480]  Okay.
[13:43.480 --> 13:51.560]  Well, anyway, if we get off, if we stick right now just like the class C misdemeanors, so
[13:51.560 --> 13:55.720]  it goes to a justice or municipal court.
[13:55.720 --> 14:05.840]  So after the clerk gets it, they would have to be sent to the district clerk because the
[14:05.840 --> 14:10.160]  county clerk has the duty to bring it to the attorney for the state who then has a duty
[14:10.160 --> 14:16.320]  to file information on a court he can file it into his county court.
[14:16.320 --> 14:26.160]  So if it goes to the grand jury, then they return an indictment and the district judge
[14:26.160 --> 14:30.600]  discovers he has an indictment over which the district court doesn't have jurisdiction,
[14:30.600 --> 14:35.920]  so he has to transfer it to the court that would have jurisdiction.
[14:35.920 --> 14:37.760]  That would be the district court?
[14:37.760 --> 14:40.080]  What's that?
[14:40.080 --> 14:43.160]  That would be the district court?
[14:43.160 --> 14:55.080]  The district court would do the transfer because under 20.22, the grand jury, they present
[14:55.080 --> 14:58.560]  their true bills and no bills to the district court.
[14:58.560 --> 15:07.360]  So if the district court gets a true bill for a misdemeanor or a class C misdemeanor,
[15:07.360 --> 15:15.680]  then one would go to the county clerk, the other would go to the JP court or municipal.
[15:15.680 --> 15:16.680]  Gotcha.
[15:16.680 --> 15:17.680]  Okay.
[15:17.680 --> 15:18.680]  Is that right?
[15:18.680 --> 15:19.680]  Is that right, Danny?
[15:19.680 --> 15:21.280]  Is that comport with your analysis?
[15:21.280 --> 15:22.280]  Yeah.
[15:22.280 --> 15:23.280]  Well, yeah.
[15:23.280 --> 15:27.760]  And, you know, this is still in the Code of Crown Procedure.
[15:27.760 --> 15:37.200]  That about the district judge transferring it to court has jurisdiction is Article 21.26.
[15:37.200 --> 15:47.320]  And then Article 21.27, which is referred to in paragraph 7 of this, provides specifically
[15:47.320 --> 15:52.000]  for justice court because there's more than one justice court.
[15:52.000 --> 15:54.640]  So he gets it and sees there's one that goes to justice court.
[15:54.640 --> 16:00.240]  He has some discretion about which justice court to send it to.
[16:00.240 --> 16:08.040]  And it says that he could, you know, send it to one in the county seat or one in outlying
[16:08.040 --> 16:09.040]  districts.
[16:09.040 --> 16:12.680]  You know, if he has some note in there, like, you know, everybody's out on that side of
[16:12.680 --> 16:19.280]  the county, okay, they can send it to that JP because that's better for everybody out
[16:19.280 --> 16:22.240]  there so they don't have to travel to the county seat.
[16:22.240 --> 16:24.880]  So venue here is not an issue.
[16:24.880 --> 16:36.160]  I mean, a JP, like, I'm here in Boyd and JP3, so if something happens or if there's a complaint
[16:36.160 --> 16:45.720]  of an occurrence of an act that occurred within the venue of JP3, and there is an indictment,
[16:45.720 --> 16:51.280]  then the judge, if he wanted to, could send it to JP1 or anything else he wants, because
[16:51.280 --> 16:52.280]  that's the way I'm reading it.
[16:52.280 --> 16:56.080]  Well, we're about to go to break, we're at a Kelvin Steves Kidmore and we'll be right
[16:56.080 --> 16:58.080]  back.
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[20:04.080 --> 20:12.520]  Oh, about where these complaints go to, I did not find it, I thought it was in 206,
[20:12.520 --> 20:18.560]  but 206 says that for the purpose mentioned in the two preceding articles, the district
[20:18.560 --> 20:21.880]  and county attorneys are authorized to administer oaths.
[20:21.880 --> 20:27.160]  When a complaint is made, if the offense be of misdemeanor, the attorney shall forthwith
[20:27.160 --> 20:34.040]  prepare an information based upon such complaint and file the same in the court having jurisdiction.
[20:34.040 --> 20:39.280]  Provided that, in counties having no county attorney, misdemeanor cases may be betrayed
[20:39.280 --> 20:44.920]  upon complaint alone without any information, provided, however, in counties having one
[20:44.920 --> 20:50.200]  or more criminal district courts, that information must be filed in each misdemeanor case.
[20:50.200 --> 20:56.080]  If the offense be a felony, he shall forthwith file the complaint with the magistrate of
[20:56.080 --> 21:00.360]  the county.
[21:00.360 --> 21:05.560]  This provision here seems to violate the Constitution.
[21:05.560 --> 21:08.960]  Danny, I'm going to read this part again.
[21:08.960 --> 21:15.660]  If an offense be a misdemeanor, this says 205, it's under duties of officers and it's
[21:15.660 --> 21:21.720]  addressing the duties of prosecuting attorneys.
[21:21.720 --> 21:26.600]  When complaint is made, if the offense be a misdemeanor, the attorney shall forthwith
[21:26.600 --> 21:37.360]  prepare an information based upon such complaint and file the same in the court having jurisdiction.
[21:37.360 --> 21:44.760]  That seems to bypass the grand jury.
[21:44.760 --> 21:48.520]  Provided that, in counties having no county attorney, misdemeanors may be tried upon complaint
[21:48.520 --> 21:49.520]  alone.
[21:49.520 --> 21:58.480]  Without any information provided, however, okay, may be tried, complaint may be, misdemeanor
[21:58.480 --> 22:01.560]  cases may be tried upon complaint alone.
[22:01.560 --> 22:06.040]  Without any information, provided, however, in counties having one or more criminal district
[22:06.040 --> 22:12.360]  courts, that information must be filed in each misdemeanor case.
[22:12.360 --> 22:23.120]  This directs the prosecutor to take a complaint and reduce it to an information and file it
[22:23.120 --> 22:26.920]  with the court of jurisdiction.
[22:26.920 --> 22:32.600]  And then the last thing it tells him to do, if the offense be a felony, he shall forthwith
[22:32.600 --> 22:40.420]  file the complaint with a magistrate of the county.
[22:40.420 --> 22:43.320]  What do you make of that, Danny?
[22:43.320 --> 22:52.340]  It says if it's a misdemeanor, he can give it to the county clerk, but if it's a felony,
[22:52.340 --> 23:02.680]  he has to give it to a magistrate, not the district attorney.
[23:02.680 --> 23:09.400]  And that would put it back in the path where the magistrate does the examinations.
[23:09.400 --> 23:16.840]  In trial, it sends it to the district clerk and then to the grand jury.
[23:16.840 --> 23:21.320]  But not in misdemeanors, it seems to bypass that.
[23:21.320 --> 23:27.080]  Okay, which court does it say to file the information?
[23:27.080 --> 23:32.680]  Okay, this is the article 2.05 of the procedure.
[23:32.680 --> 23:36.640]  When complaint is made, if the offense be a misdemeanor, the attorney shall forthwith
[23:36.640 --> 23:43.480]  file the information based upon complaint and file the same in the court having jurisdiction.
[23:43.480 --> 23:52.120]  Now, it has to file information, whichever court it is, provided that in counties having
[23:52.120 --> 23:58.280]  no county attorney, misdemeanor cases may be tried upon complaint alone without any
[23:58.280 --> 23:59.280]  information.
[23:59.280 --> 24:03.600]  Provided, however, in counties having one or more criminal district courts, then information
[24:03.600 --> 24:06.720]  must be filed in each misdemeanor case.
[24:06.720 --> 24:10.680]  Okay, this is about an information.
[24:10.680 --> 24:16.520]  And for those of you who don't know the difference, a criminal complaint is intended to be filed
[24:16.520 --> 24:19.080]  by private citizens.
[24:19.080 --> 24:25.920]  And that goes to Kennedy v. State, which forbids the prosecutor filing a complaint to keep
[24:25.920 --> 24:30.280]  the state from being the accuser and the prosecutor.
[24:30.280 --> 24:35.760]  When a policeman files a complaint, he files it in his capacity as a private citizen, not
[24:35.760 --> 24:38.680]  as a police officer.
[24:38.680 --> 24:44.240]  Otherwise we would have the state being the accuser and the prosecutor.
[24:44.240 --> 24:48.240]  So where was that?
[24:48.240 --> 24:59.760]  Okay, this, okay, when the citizen files the complaint, a citizen is not expected to be
[24:59.760 --> 25:02.760]  versed in the details of law.
[25:02.760 --> 25:09.520]  So when the prosecutor gets the complaint, he is learned in counsel, he is to then take
[25:09.520 --> 25:16.560]  that complaint and rewrite it so that it meets all the requirements of law.
[25:16.560 --> 25:22.100]  So if you want to know what a complaint should look like, get a information.
[25:22.100 --> 25:24.040]  That's what it should look like.
[25:24.040 --> 25:30.160]  So he makes sure it has all the legal requisites and then he's to file it in the proper, in
[25:30.160 --> 25:32.240]  the clerk of the court having jurisdiction.
[25:32.240 --> 25:35.640]  Am I confusing everybody, Danny?
[25:35.640 --> 25:39.600]  No, that's okay with me.
[25:39.600 --> 25:42.000]  This is a strange thing.
[25:42.000 --> 25:48.520]  The last thing that this section says, if the offense be a felony, he shall forthwith
[25:48.520 --> 25:52.240]  file the complaint with the magistrate of the county.
[25:52.240 --> 25:57.240]  Why only a felony?
[25:57.240 --> 26:06.160]  This is where they appeared to have circumvented a indictment for a misdemeanor.
[26:06.160 --> 26:07.160]  Okay.
[26:07.160 --> 26:14.280]  Now, the way that I read that and putting it with the Constitution, Article V, Section
[26:14.280 --> 26:23.120]  17, you know, that section has procedures specified in it and there it is indicating
[26:23.120 --> 26:32.160]  that that court, the constitutional county court, can do a prosecution based on information.
[26:32.160 --> 26:36.440]  So 2.05 says to file it in the court with jurisdiction.
[26:36.440 --> 26:39.680]  I think that has to be taken in context of the Constitution.
[26:39.680 --> 26:44.400]  That means the constitutional county court.
[26:44.400 --> 26:46.080]  Okay.
[26:46.080 --> 26:54.040]  We haven't determined yet if the constitutional county court and the county court at law are
[26:54.040 --> 27:01.200]  two separate courts or one part, two parts of the same court.
[27:01.200 --> 27:08.800]  What I'm getting at is does the county court at law fall under the authority of the constitutional
[27:08.800 --> 27:13.600]  county court?
[27:13.600 --> 27:20.560]  Because the Constitution authorizes the legislature to create more courts as they need them, but
[27:20.560 --> 27:27.080]  they're creating the courts underneath the authorization of the Constitution.
[27:27.080 --> 27:32.160]  So is—I took that by your distinction there that you were saying that you're making
[27:32.160 --> 27:35.840]  a distinction between the constitutional county court and the court at law.
[27:35.840 --> 27:37.240]  So was that correct there?
[27:37.240 --> 27:42.640]  Well, yeah, that's what I was saying, and it may not be precisely right, but that's
[27:42.640 --> 27:45.320]  the way I was taking it, you know.
[27:45.320 --> 27:46.320]  Okay.
[27:46.320 --> 27:49.320]  That we need to kind of get sorted out.
[27:49.320 --> 27:57.920]  I wind up running into a lot of these arguments that when I really dig down deep into them,
[27:57.920 --> 28:02.840]  I find out they're not what they appear to be on the surface.
[28:02.840 --> 28:06.840]  If I sound a little pedantic, that's why.
[28:06.840 --> 28:13.560]  I'm trying to make sure we have a good argument.
[28:13.560 --> 28:15.600]  Okay.
[28:15.600 --> 28:16.680]  I'm going to shut up.
[28:16.680 --> 28:19.840]  I think I made the point here, and you continue.
[28:19.840 --> 28:21.800]  Oh, well.
[28:21.800 --> 28:27.120]  Anyway, this, you know, first one is just step through from the point of, like, getting
[28:27.120 --> 28:34.360]  a traffic ticket and where the transportation code says for you to—it's supposed to tell
[28:34.360 --> 28:36.480]  you when and where to go before the magistrate.
[28:36.480 --> 28:39.680]  So I get you started along the path.
[28:39.680 --> 28:40.680]  Then you go to the magistrate.
[28:40.680 --> 28:43.680]  The papers get transferred to the proper clerk.
[28:43.680 --> 28:50.880]  The clerk does whatever it is, and if it's not—if it's something that the county
[28:50.880 --> 28:56.320]  court can do, a Class C misdemeanor, then it could be going to a justice or municipal
[28:56.320 --> 29:02.960]  court, and then it would have to be by indictment, and the district judge would have to transfer
[29:02.960 --> 29:13.200]  it, and the way I'm looking at things and trying to see how they might presume things,
[29:13.200 --> 29:22.600]  because it should be—if you read Article V, Section 17, that when the trial court receives
[29:22.600 --> 29:29.720]  an indictment, that if that indictment is quashed in there and there's—they find
[29:29.720 --> 29:37.560]  probable guilt present, then persons not to be discharged be held to answer an information
[29:37.560 --> 29:40.480]  or a complaint.
[29:40.480 --> 29:44.920]  And so I think that, you know, you've heard of the presumption of regularity?
[29:44.920 --> 29:45.920]  Yes.
[29:45.920 --> 29:46.920]  Hang on.
[29:46.920 --> 29:47.920]  We're about to go to break.
[29:47.920 --> 29:48.920]  Okay.
[29:48.920 --> 29:49.920]  This is Randy Kettman.
[29:49.920 --> 29:50.920]  This is Kidmore with radio.
[29:50.920 --> 29:51.920]  I call his number, 512-646-1984.
[29:51.920 --> 30:02.960]  We'll be right back.
[30:02.960 --> 30:08.080]  A 16-year-old boy made a YouTube video describing how police states threaten freedom.
[30:08.080 --> 30:12.240]  It earned him an A-plus from his high school teacher and a visit from the FBI.
[30:12.240 --> 30:14.280]  I'm Dr. Catherine Albrecht.
[30:14.280 --> 30:16.960]  Back with details in a moment.
[30:16.960 --> 30:18.680]  Privacy is under attack.
[30:18.680 --> 30:22.280]  When you give up data about yourself, you'll never get it back again.
[30:22.280 --> 30:27.280]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:27.280 --> 30:32.920]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.920 --> 30:35.040]  Privacy—it's worth hanging onto.
[30:35.040 --> 30:40.680]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[30:40.680 --> 30:42.400]  Yahoo, and Bing.
[30:42.400 --> 30:45.720]  Start over with StartPage.
[30:45.720 --> 30:50.300]  In Maine, 16-year-old Justin Hallman made a two-minute YouTube video for his American
[30:50.300 --> 30:51.720]  government class.
[30:51.720 --> 30:57.040]  The clip showed military parades in North Korea, military drills in American cities,
[30:57.040 --> 31:02.180]  and TV reporters wondering aloud whether the Republican Party had disenfranchised presidential
[31:02.180 --> 31:04.280]  candidate Ron Paul.
[31:04.280 --> 31:08.500]  Justin got an A-plus, but then he got a visit from FBI agents.
[31:08.500 --> 31:12.940]  They grilled him on his hobbies and the video, and then Justin says they tried to recruit
[31:12.940 --> 31:14.760]  him as an informant.
[31:14.760 --> 31:16.280]  He declined.
[31:16.280 --> 31:19.680]  Are federal agents really interrogating suburban kids?
[31:19.680 --> 31:24.120]  Sounds to me like Justin's video on government abuse may have struck a little too close to
[31:24.120 --> 31:25.120]  home.
[31:25.120 --> 31:29.960]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:29.960 --> 31:33.200]  What are you thinking?
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[31:59.920 --> 32:05.600]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.600 --> 32:09.160]  In today's America, we live in an us against them society, and if we the people are ever
[32:09.160 --> 32:13.360]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.360 --> 32:16.560]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.560 --> 32:20.560]  in our own private capacity, and most importantly, the right to due process of law.
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[33:19.520 --> 33:45.440]  Okay, we are back, we're Andrew Kelton, Steve Skidmore, Rule of Law Radio and we're talking
[33:45.440 --> 33:46.440]  to David.
[33:46.440 --> 33:48.440]  Dave, we're talking to Danny.
[33:48.440 --> 33:50.440]  No, we're not.
[33:50.440 --> 33:59.920]  Okay, down at the bottom here, if you missed a meter, if the answer missed, okay, speaking
[33:59.920 --> 34:01.920]  up there at the bottom, Danny.
[34:01.920 --> 34:07.320]  Okay, the last thing I mentioned there was presumption of regularity.
[34:07.320 --> 34:08.320]  Yes.
[34:08.320 --> 34:17.240]  So, the way I understand that concept is that anything in government, they presume that
[34:17.240 --> 34:24.720]  government did it in a regular or proper manner until it's shown that it wasn't.
[34:24.720 --> 34:31.480]  So, I kind of think that in these courts where they're proceeding with just a complaint,
[34:31.480 --> 34:39.120]  if you read Article 5, Section 17, it goes through there about the indictment and the
[34:39.120 --> 34:44.360]  process which has been put in the Code Chrome procedure, but if the indictment is quashed
[34:44.360 --> 34:52.840]  in the trial court and they find probable guilt of the person accused, then it's not
[34:52.840 --> 34:57.960]  to be discharged, but it can be held to answer an information or complaint.
[34:57.960 --> 35:03.520]  So, I think they just put the complaint in and then basically presumed that that complaint
[35:03.520 --> 35:06.960]  got there by the proper process.
[35:06.960 --> 35:13.360]  And so, they skip all those steps that's supposed to be there behind it, you know, the magic
[35:13.360 --> 35:14.360]  of it.
[35:14.360 --> 35:22.040]  Yeah, I looked at that today and that was, drew up a question that I needed to research
[35:22.040 --> 35:25.400]  to figure out the answer to.
[35:25.400 --> 35:32.560]  Get an indictment and then if you get the indictment quashed, then they can still come
[35:32.560 --> 35:38.120]  back and prosecute you without an indictment.
[35:38.120 --> 35:39.120]  And there was another one.
[35:39.120 --> 35:41.120]  Isn't that double jeopardy?
[35:41.120 --> 35:44.560]  No, I'm not sure, I'm not sure.
[35:44.560 --> 35:48.680]  It's only double jeopardy if you've actually been tried.
[35:48.680 --> 35:49.680]  I got you.
[35:49.680 --> 35:56.840]  Just being accused, I wasn't sure how that played out because there was another issue
[35:56.840 --> 35:57.840]  about that.
[35:57.840 --> 36:10.920]  If you get invited and then the case is dismissed because under Chapter 32 or Article 32 which
[36:10.920 --> 36:17.640]  is the speedy trial reasons, then they can still come back and re-arrest you.
[36:17.640 --> 36:26.680]  This was in the, I think Chapter 14, on arrest of that warrant, either Chapter 14 or 15.
[36:26.680 --> 36:34.200]  If your case has been dismissed for speedy trial, they can come back and retry you.
[36:34.200 --> 36:38.180]  They can arrest you and start the whole process all over.
[36:38.180 --> 36:41.320]  That just seems to defeat the purpose of speedy trial.
[36:41.320 --> 36:43.480]  Yeah, doesn't it?
[36:43.480 --> 36:50.880]  So that was another issue that needed to be looked at because, have you ever looked at
[36:50.880 --> 36:53.880]  that Danny?
[36:53.880 --> 36:55.440]  Not in any kind of detail.
[36:55.440 --> 36:59.280]  I do know somebody that happened to them in federal court.
[36:59.280 --> 37:03.200]  The prosecutor asked if they dismissed because they didn't think they could provide a speedy
[37:03.200 --> 37:09.160]  trial and they turned around and indicted again.
[37:09.160 --> 37:12.360]  That's what that seemed to say they could do.
[37:12.360 --> 37:18.800]  Another one of those issues, I'm building the electronic lawyer part down to the part
[37:18.800 --> 37:23.640]  where I'm actually stitching all these codes together.
[37:23.640 --> 37:30.760]  In doing this, I'm looking at the codes very closely and I'm finding some surprising
[37:30.760 --> 37:35.480]  problems with them and this was one of them.
[37:35.480 --> 37:42.640]  I was really surprised to see that because it seems to be a contradiction.
[37:42.640 --> 37:46.840]  Okay Danny, is that about it for us today?
[37:46.840 --> 37:53.840]  Well yeah, this way I originally pictured this was a two-step process.
[37:53.840 --> 38:00.160]  One is to put in a notice of the process ahead of time so they can see what you're talking
[38:00.160 --> 38:07.240]  about because it's going to be so alien to them that if you just do it orally they're
[38:07.240 --> 38:11.960]  not going to catch it but they get to see it ahead of time they might.
[38:11.960 --> 38:16.000]  Let me make a suggestion.
[38:16.000 --> 38:28.000]  Where you reference Texas SEC, TC SEC, what is that?
[38:28.000 --> 38:29.000]  Section
[38:29.000 --> 38:36.520]  Oh okay, TC, well Texas, okay that's Texas Transportation Code.
[38:36.520 --> 38:44.280]  Okay I'm going to suggest you don't use acronyms for one thing and whenever you reference,
[38:44.280 --> 38:56.400]  you referenced here Texas Transportation Code section 543006, quote 543006 right there.
[38:56.400 --> 39:03.240]  I generally do quotes and I got this from other legal documents, you shrink it down
[39:03.240 --> 39:12.360]  one or two points on font size, you do single space and indent both sides half an inch.
[39:12.360 --> 39:19.760]  That way the reader can see what portion of this document is your narrative and what portion
[39:19.760 --> 39:22.480]  of the document is the quote.
[39:22.480 --> 39:27.820]  If he already knows what it says he won't bother to read it but if he's not sure what
[39:27.820 --> 39:34.420]  it says he doesn't have to break his flow and go somewhere else to find it because I
[39:34.420 --> 39:40.160]  read that and I'm wondering what it actually says even though I know 14.06 I know what
[39:40.160 --> 39:46.360]  it says and that's the requirement to take before magistrate but in the context of what
[39:46.360 --> 39:52.720]  you're seeing here I need to be able to read that so it clarifies in my mind and make sure
[39:52.720 --> 39:59.640]  I don't have any misunderstandings about what the code says and you got a whole bunch of
[39:59.640 --> 40:06.080]  codes here and in reading them you know even though I know these codes it was hard for
[40:06.080 --> 40:12.480]  me to really put together where you were going because I couldn't actually see the codes
[40:12.480 --> 40:14.040]  does that make sense Danny?
[40:14.040 --> 40:22.520]  And it makes a pretty nice looking document because it kind of breaks up where you've
[40:22.520 --> 40:31.400]  got 12 or 14 point font little space page after page it really kind of gets boring and
[40:31.400 --> 40:38.640]  if you lose your place you try to find you re-find your place what a pain but if you
[40:38.640 --> 40:45.480]  broke it I break mine up with headings and subheadings that are you know I do them darker
[40:45.480 --> 40:51.160]  and then indent them and then I put in these quotations and it really breaks up the document
[40:51.160 --> 40:56.120]  nice so you know what the document looks like so if you lose your place you can skim up
[40:56.120 --> 41:08.400]  and find it easy but that's the suggestion okay yeah sounds pretty good
[41:08.400 --> 41:11.280]  okay is that it just for today?
[41:11.280 --> 41:17.040]  Well I guess I could do that I just you know I start to say when I first put this together
[41:17.040 --> 41:21.360]  along with the other documents that's going to be a two-step process when you put notice
[41:21.360 --> 41:27.640]  in and what the process is and then after you go there for your magistrates your hearing
[41:27.640 --> 41:33.280]  before the magistrate and they don't really do what it says then you put in a notice that
[41:33.280 --> 41:38.280]  the trial court has been deprived of jurisdiction because the magistrate failed to complete
[41:38.280 --> 41:47.920]  his duties ah have you looked at chapter 16 uh no not in a while okay go look at that
[41:47.920 --> 41:56.740]  because that goes into fine detail what the magistrate is supposed to do there's a lot
[41:56.740 --> 42:03.200]  of stuff in there he's required to do yeah I built that into a questionnaire a couple
[42:03.200 --> 42:08.760]  of days ago and it was there was this was the questionnaire was huge because there was
[42:08.760 --> 42:16.080]  a lot of things that magistrates required to do they're required first advisors rights
[42:16.080 --> 42:22.440]  if you don't have an attorney they're they're authorized to appoint an attorney for the
[42:22.440 --> 42:29.800]  purpose of this hearing they can grant you a continuance if you request counsel they
[42:29.800 --> 42:37.560]  grant just continues to secure counsel and they can set you know it it says that you
[42:37.560 --> 42:45.560]  know every time I've ever demanded a a magistrate they generally tell me that if counsel that
[42:45.560 --> 42:51.120]  if I want counsel then they'll hold me in jail so they get counsel well the judge the
[42:51.120 --> 42:57.440]  magistrate's authorized to issue bail and you have a right to bail so when they do that
[42:57.440 --> 43:02.040]  they're lying to you it's it goes through there it is very well structured there's a
[43:02.040 --> 43:09.720]  lot of it you might look at that that will be real helpful here because when they don't
[43:09.720 --> 43:19.040]  do this it it demonstrates all of the rights they violated that chapter 16 ensures that
[43:19.040 --> 43:30.240]  the magistrate covers you might look at that you'll find some real gyms in there okay well
[43:30.240 --> 43:33.880]  that's good for all those details I just trying to do because I know they don't go for the
[43:33.880 --> 43:40.200]  misdemeanor indictment so once you point out that the magistrate failed to get the misdemeanor
[43:40.200 --> 43:47.880]  indictment okay okay we're about out of time for about to go to breaking you're breaking
[43:47.880 --> 43:54.680]  out there pretty bad so hang on we'll close out on the other side and then we'll go to
[43:54.680 --> 44:18.040]  head in washington we'll be right back hello my name is stewart smith from naturespureorganics.com
[44:18.040 --> 44:25.040]  have a look at our miracle healing clay that started our adventure in alternative medicine
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[44:43.120 --> 45:01.200]  forget to like us on facebook for information on events and our products naturespureorganics.com
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[45:06.960 --> 45:13.720]  area the affordable easy to understand for cd course that will show you how in 24 hours
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[45:57.480 --> 46:04.480]  866-LAW-EASY.
[46:27.480 --> 46:34.480]  What I'm wishing for when I'm hungry I'd like to know just what I'm fishing for I ain't
[46:34.480 --> 46:45.480]  asking for much I ain't trying to be no glutton I'm just here making my living pushing buttons
[46:45.480 --> 46:52.480]  Who is that singer? This is Grant Kelton and Steve St. Moore of Rule of Law Radio and we
[46:52.480 --> 46:57.040]  got a new producer in the background and he just happens to be the voice of that singer
[46:57.040 --> 47:08.240]  there sounds just like him. He's just back there pushing buttons. Okay Danny are we pretty
[47:08.240 --> 47:14.560]  well done here? Well I guess so that you get on with something else I got some other issues
[47:14.560 --> 47:21.200]  to bring up at another time but that could take a while too so I guess we go on. Okay
[47:21.200 --> 47:27.320]  let's try to do that next week I like these kind of discussions on the technical aspect
[47:27.320 --> 47:36.560]  of law. So let's pick this up again next week. All right. Thank you for calling in tonight
[47:36.560 --> 47:47.320]  Danny. Oh wait wait. Okay. Were you live last night? Yes. Didn't you mention me to somebody
[47:47.320 --> 47:57.560]  you called in? Yes I did. We talked about you and we laughed and we laughed you know
[47:57.560 --> 48:04.320]  actually. He was talking about you not to you you should mind your own business Danny.
[48:04.320 --> 48:13.120]  We were it was a guy from Tennessee and he was talking about some specific criminal issues
[48:13.120 --> 48:21.240]  specific to Tennessee and I didn't have anybody else that I knew of that I could refer him
[48:21.240 --> 48:33.520]  to that might know either know Tennessee law or know how to find it for him. So he didn't
[48:33.520 --> 48:41.320]  email me and I didn't give out your email address. Okay well I didn't know how that
[48:41.320 --> 48:48.760]  was supposed to go. Okay if he'd have to email me let me know whenever I want to contact
[48:48.760 --> 48:53.760]  somebody that way I just have somebody email me and then I forward it and then if you want
[48:53.760 --> 48:58.680]  to talk to him fine if you don't that's okay too but I don't give out that kind of information
[48:58.680 --> 49:06.680]  on the air. That is the prudent way to do it. Yeah so that giving out people's private
[49:06.680 --> 49:14.800]  information is kind of a no-no. Okay thank you Danny. All right next week. Okay now we're
[49:14.800 --> 49:21.100]  going to go to Ted in Washington. Hello Ted and thank you for waiting so long for us.
[49:21.100 --> 49:27.680]  Good evening Randy am I coming in okay? You're coming in great. Oh excellent I'm on a headset.
[49:27.680 --> 49:32.200]  Well I promised to call back this evening and thank you for taking my call. The situation
[49:32.200 --> 49:40.360]  is I'd like to go after that deputy prosecuting attorney in Washington. Okay bring us up to
[49:40.360 --> 49:49.600]  speed. Give me a synopsis. Yes I got a speeding ticket I contested it I went to court she
[49:49.600 --> 49:53.480]  did not want to rule on my motion to dismiss due to lack of jurisdiction because she said
[49:53.480 --> 50:00.840]  it's a. Who is she? Oh oh good evening sir sorry about that. That's okay who is who is
[50:00.840 --> 50:08.320]  she? Is she the judge? Yes she was the sit-in judge. Okay now there's a judge. Okay just
[50:08.320 --> 50:19.720]  a rule in legal issues never use pronouns never use acronyms close to referential index
[50:19.720 --> 50:25.960]  so we always know precisely who we're talking about otherwise these complex issues get more
[50:25.960 --> 50:35.720]  confusing. I understand okay so the judge at that time I'm not sure if she's just if
[50:35.720 --> 50:41.840]  she even has an open office or she's an official judge because her picture and name was not
[50:41.840 --> 50:48.360]  on the district courthouse website so now there's a new judge involved because the prosecuting
[50:48.360 --> 50:57.000]  attorney he filed a motion to dismiss the first case the first citation and they came
[50:57.000 --> 51:04.080]  after me relating to the first citation with a new citation what happened was the trooper
[51:04.080 --> 51:10.320]  made a mistake he quoted me that I was going slower and in reality on his police report
[51:10.320 --> 51:14.540]  it was a little faster so they decided to get rid of the first one which is cheaper
[51:14.540 --> 51:19.440]  so they can make more money off of his police report and go after more the expensive one
[51:19.440 --> 51:26.560]  which was the higher speed so now the original citation from the trooper is gone and now
[51:26.560 --> 51:33.840]  I have a new citation from the prosecuting attorney relating to the first statute number
[51:33.840 --> 51:40.120]  on the original ticket so he is the officer and the witness on here it says officer officer
[51:40.120 --> 51:51.480]  on this new citation okay well he is he happens to be an officer but he is a witness in his
[51:51.480 --> 51:57.560]  personal capacity the fact that he's an officer is is not really relevant to the fact that
[51:57.560 --> 52:04.120]  he's a witness okay and it's certain it certainly doesn't disqualify him from being the witness
[52:04.120 --> 52:12.600]  the one that would be disqualified would be the prosecutor if the prosecutor re-characterized
[52:12.600 --> 52:20.560]  to dismiss the complaint and characterize it and refiled it then that would be improper
[52:20.560 --> 52:27.440]  I think I referenced you to Kennedy v. State you find that one I did a search and it's
[52:27.440 --> 52:32.880]  overwhelming I found way too many if you can narrow it down with a specific number this
[52:32.880 --> 52:39.080]  was I think we're talking about the same person because now the officer and the okay Wilma
[52:39.080 --> 52:49.200]  v. Kennedy is probably a very highly cited case so yesterday her name was Wilma v. Kennedy
[52:49.200 --> 53:01.480]  any one of those they'll all go to essentially the same issue so her initial is v middle
[53:01.480 --> 53:07.320]  name don't remember but there's only going to be one Wilma Kennedy okay quick search
[53:07.320 --> 53:18.560]  here so would like this is a Texas statute so if you did Wilma Kennedy v. State and did
[53:18.560 --> 53:26.720]  then add in behind in space and input Washington State would probably get a hit on a Washington
[53:26.720 --> 53:34.160]  State case that references Wilma Kennedy oh I see so it would be in reference to the to
[53:34.160 --> 53:43.320]  the Texas okay okay I got you so I was able to get a copy of the police report so I'm
[53:43.320 --> 53:49.120]  wondering do I still pursue discovery is there anything else I could get using the discovery
[53:49.120 --> 54:00.160]  method? Generally back in Texas the lower courts the classic misdemeanors they no longer
[54:00.160 --> 54:06.680]  allow discoveries I don't discovery I don't know if you do in Washington or not they're
[54:06.680 --> 54:12.360]  trying to turn these courts into an unauthorized tax and they don't want you to waste any of
[54:12.360 --> 54:23.280]  their money with this annoying thing called the process so for anything that doesn't include
[54:23.280 --> 54:29.040]  imprisonment they just feel like they can just do away with all that so you'd have to
[54:29.040 --> 54:37.480]  check Washington State code to see if they allow discovery in the classic misdemeanor
[54:37.480 --> 54:44.160]  okay because along with the first dismissal he also sent me a list of witnesses for a
[54:44.160 --> 54:50.560]  speed measuring device expert so I know that he's pursuing me now but I don't have a new
[54:50.560 --> 54:59.320]  date all I have is a new citation he named an expert wonderful you want to ask for a
[54:59.320 --> 55:09.460]  daubert's hearing a what daubert daubert's hearing d-a-u-b-e-r-t Steve I'm surprised
[55:09.460 --> 55:16.480]  you didn't get that one right away no never heard a good criminal side of bars not necessarily
[55:16.480 --> 55:23.760]  my full day no this is not the criminal side daubert's hearing is a hearing for the purpose
[55:23.760 --> 55:31.680]  of testing the credentials of a witness an expert witness okay so I know what a frank's
[55:31.680 --> 55:37.600]  hearing is but I don't know what a daubert's hearing is daubert's is is for you know and
[55:37.600 --> 55:43.680]  this is this is common so if he's gonna call expert expert witness you ask for a daubert's
[55:43.680 --> 55:51.760]  hearing how do you spell that again d-a-u-b-e-r-t yes just do a search for daubert's hearing
[55:51.760 --> 55:57.600]  you get a hit right on it okay so I'm also interested in going after the judge because
[55:57.600 --> 56:02.720]  she said this is not a criminal matter this is a civil matter the constitutional rights
[56:02.720 --> 56:07.600]  don't apply here because it's a civil it's a different burden of proof it's not beyond
[56:07.600 --> 56:14.480]  a reasonable doubt and the object isn't the applicability of the code oh that was okay
[56:14.480 --> 56:25.400]  I object with my question okay you're in Washington state so it depends on the state some call
[56:25.400 --> 56:33.700]  it and I think California calls it an infraction and therefore it's not criminal it depends
[56:33.700 --> 56:42.960]  on the state whether they consider it criminal or civil however due process is due process
[56:42.960 --> 56:49.320]  due process doesn't matter if it's civil or criminal due process goes to a public official
[56:49.320 --> 56:55.440]  exerting or reporting to exert an authority where the exertion of that authority would
[56:55.440 --> 57:04.480]  tend to deny you a right or failing to perform a duty they're required to perform so this
[57:04.480 --> 57:13.120]  nonsense that the judge is saying that the constitution doesn't apply that should get
[57:13.120 --> 57:19.440]  her disqualified for incompetence I would love to do that I don't know if it's a little
[57:19.440 --> 57:24.080]  bit too late because she's out of the picture now because the first ticket got dismissed
[57:24.080 --> 57:30.360]  without prejudice so they sent me this newer citation with the higher amounts on there
[57:30.360 --> 57:39.460]  so now there's a you should argue that unless there is new evidence once they have dismissed
[57:39.460 --> 57:46.760]  they don't have a right to to refile unless there's new evidence unless you had a right
[57:46.760 --> 57:54.480]  to a hearing on the first one you were forced to spend your time and come to court they
[57:54.480 --> 58:00.800]  you had a duty to try you on it you should object to this as not do it's not done in
[58:00.800 --> 58:12.000]  jeopardy but harassment and delay you might look at your trial statute you know horizon
[58:12.000 --> 58:18.240]  pexis has been overturned and the legislature never stated so we have to go to the speedy
[58:18.240 --> 58:26.360]  trial right but you might look for speedy trial claiming that it's out of the same infraction
[58:26.360 --> 58:31.640]  so you had a right to a speedy trial from the day to be latest in practicing hang on
[58:31.640 --> 58:40.160]  randy kelton steve skidmore with our radio our call-in number 512-646-1984 we'll be right
[58:40.160 --> 58:45.440]  back uh it's getting late so if the balls really build up in the end we've got ramone
[58:45.440 --> 58:50.760]  and marshall so if you want to call us get in line we'll be right back would you like
[58:50.760 --> 58:56.160]  to make more definite progress in your walk with god bibles for america is offering a
[58:56.160 --> 59:01.720]  free study bible and a set of free christian books that can really help the new testament
[59:01.720 --> 59:06.880]  recovery version is one of the most comprehensive study bibles available today it's an accurate
[59:06.880 --> 59:11.700]  translation and it contains thousands of footnotes that will help you to know god and to know
[59:11.700 --> 59:17.600]  the meaning of life the free books are a three volume set called basic elements of the christian
[59:17.600 --> 59:22.700]  life chapter by chapter basic elements of the christian life clearly presents god's
[59:22.700 --> 59:28.780]  plan of salvation growing in christ and how to build up the church to order your free
[59:28.780 --> 59:35.440]  new testament recovery version and basic elements of the christian life call bibles for america
[59:35.440 --> 59:53.160]  toll free at 888-551-0102 that's 888-551-0102 or visit us online at bfa.org you're listening
[59:53.160 --> 01:00:05.200]  to the logos radio network at logosradionetwork.com this is the liberty beat your daily source
[01:00:05.200 --> 01:00:10.320]  for liberty news and activist updates online at thelibertybeat.com i'm brian hagen with
[01:00:10.320 --> 01:00:16.640]  your liberty beat for friday august 15 2014 gold opened today at $1,304 silver opened
[01:00:16.640 --> 01:00:23.800]  at $19.60 and bitcoin is trading around $509.33 support for the liberty beat comes from roberts
[01:00:23.800 --> 01:00:31.080]  and roberts brokerage incorporated specializing in precious metals since 1977 online at rrbi.co
[01:00:31.080 --> 01:00:38.240]  or by phone at 800-874-9760 in the news on thursday missouri governor jay nixon announced
[01:00:38.240 --> 01:00:42.640]  the missouri state highway patrol will handle policing of ferguson missouri the site of large
[01:00:42.640 --> 01:00:47.440]  protests and police violence since the police officers shot 18 year old mike brown to death
[01:00:47.440 --> 01:00:52.720]  on saturday news channel 5 also reported the fbi would be taking over the investigation
[01:00:52.720 --> 01:00:57.960]  into the shooting the fbi will handle all operations protests and other activities local
[01:00:57.960 --> 01:01:02.460]  police will operate under the direction of the fbi governor nixon said the police should
[01:01:02.460 --> 01:01:06.860]  release the name of the officer accused of shooting brown nixon also stated that ferguson
[01:01:06.860 --> 01:01:13.920]  resembled a war zone on thursday press freedom organizations held a press conference in support
[01:01:13.920 --> 01:01:18.060]  of new york times reporter james ryzen the u.s department of justice is attempting to
[01:01:18.060 --> 01:01:23.180]  compel ryzen to testify against former cia employee jeffrey sterling who they accuse
[01:01:23.180 --> 01:01:28.520]  of leaking classified information to ryzen ryzen is the author of the 2006 book state
[01:01:28.520 --> 01:01:33.880]  of war which describes the cia's efforts to interrupt the iranian nuclear program the
[01:01:33.880 --> 01:01:38.420]  groups presented a petition of more than a hundred thousand signatures asking the justice
[01:01:38.420 --> 01:01:43.480]  department to quit their pursuit of ryzen if ryzen does not testify against sterling
[01:01:43.480 --> 01:01:48.520]  he will face jail time and fines the conference is organized by the committee to protect journalists
[01:01:48.520 --> 01:01:53.160]  the freedom of the press foundation the government accountability project the reporters committee
[01:01:53.160 --> 01:02:01.240]  for freedom of the press and reporters without borders an ebay subsidiary brain tree payments
[01:02:01.240 --> 01:02:06.760]  is exploring bitcoin acceptance the wall street journal reports brain tree payments is part
[01:02:06.760 --> 01:02:12.480]  of paypal which is owned by ebay paypal executives have reportedly been meeting with coinbase
[01:02:12.480 --> 01:02:17.400]  a bitcoin merchant processor about accepting bitcoin on the brain tree network at this
[01:02:17.400 --> 01:02:22.800]  time no agreements have been made ebay ceo john donahoe is headed at the potential for
[01:02:22.800 --> 01:02:28.320]  bitcoin integration in the past support for the liberty beat comes from brave new books
[01:02:28.320 --> 01:02:34.640]  your local source for all things bitcoin now hosting a bitcoin atm located in austin texas
[01:02:34.640 --> 01:02:40.840]  at 1904 guadalupe street or online brave new bookstore.com and support comes from the notorious
[01:02:40.840 --> 01:02:45.800]  activist michael cargill he has a new show called come and talk it live sunday afternoons
[01:02:45.800 --> 01:02:54.740]  4 pm on 1370 am in austin that's 1370 am sundays at four this is the liberty beat for friday
[01:02:54.740 --> 01:03:24.680]  august 15th 2014 check out the website at thelibertybeat.com
[01:03:24.740 --> 01:03:54.340]  welcome back to rule of law radio folks we're in our last hour
[01:03:54.340 --> 01:04:02.820]  and we're going to ted in washington i'm sorry yes ted in washington had a cat gotten away
[01:04:02.820 --> 01:04:08.500]  ted what do you got for us tonight sir yes gentlemen i'm still here so i was trying to
[01:04:08.500 --> 01:04:16.340]  go after that prosecuting attorney i was thinking about oh that's right yeah yeah i did find
[01:04:16.340 --> 01:04:22.280]  the bar even so uh government website and they have two options a digital instant filing
[01:04:22.280 --> 01:04:28.740]  and also a pdf form so should i do one of each or does randy have a template on his
[01:04:28.740 --> 01:04:37.900]  frog website i think he may have uh i've also got them on my website but the bar grievance
[01:04:37.900 --> 01:04:46.300]  forms you can you don't necessarily have to go specifically or strictly off of the form
[01:04:46.300 --> 01:04:52.620]  offered so long as you cover all of the elements that are in the offered form you should be
[01:04:52.620 --> 01:05:03.180]  good okay would you mind sharing your website with that template the prosay foreclosure
[01:05:03.180 --> 01:05:13.220]  all one word prosayforeclosure.wordpress.com and it's been a little bit since i've been
[01:05:13.220 --> 01:05:19.540]  there so let me pull it up and i'll guide you right where you need to be i've got all
[01:05:19.540 --> 01:05:33.460]  50 states bar grievance forms legal research tools if you'll go to prosayforeclosure.wordpress.com
[01:05:33.460 --> 01:05:41.060]  you'll see an image of the i believe that's notre dame law school reading room and below
[01:05:41.060 --> 01:05:45.900]  that image you will see in the middle there on the middle tab you'll see legal research
[01:05:45.900 --> 01:05:58.620]  tools hover your cursor over that and you will get a drop down menu and uh let me see
[01:05:58.620 --> 01:06:05.100]  law dictionaries that's not what i want there we go if you'll go all the way down to the
[01:06:05.100 --> 01:06:11.020]  bottom statutes and rules you'll get another drop down menu that will give you all 50 states
[01:06:11.020 --> 01:06:21.820]  go to your state find washington let me go scroll down to washington i'll click on washington
[01:06:21.820 --> 01:06:29.620]  and down towards the bottom we've got all criminal codes and uh rules of professional
[01:06:29.620 --> 01:06:39.420]  conduct and judicial misconduct in the rules of professional conduct you will find grievance
[01:06:39.420 --> 01:06:49.140]  process and bar grievance form click on that and that'll give you the the uh the form that
[01:06:49.140 --> 01:06:57.020]  the state offers you can either use that or you can draft your own so long as you you
[01:06:57.020 --> 01:07:04.900]  cover all and satisfy all of the elements all of the uh the information there okay it
[01:07:04.900 --> 01:07:08.760]  would be just straightforward would there be anything specific to look out for or it'll
[01:07:08.760 --> 01:07:17.060]  guide me along yeah it's a fill in the blanks thing okay uh huh yeah i'm pulling it up now
[01:07:17.060 --> 01:07:25.580]  it's a pdf you can either download it and and fill it out by hand or you can put it
[01:07:25.580 --> 01:07:30.540]  into an old type well i don't know if it depends on if you've got i think if you got adobe
[01:07:30.540 --> 01:07:37.960]  acrobat you can click something on adobe acrobat and actually type in uh it'll it'll activate
[01:07:37.960 --> 01:07:45.080]  the fields uh i don't have adobe acrobat but if you've got adobe acrobat you can uh make
[01:07:45.080 --> 01:07:51.820]  it a interactive form so that you can type into the to the fields and fill out your form
[01:07:51.820 --> 01:07:57.460]  and submit it or you can print it out or you can use the information there to draft your
[01:07:57.460 --> 01:08:06.220]  own and submit that to the appropriate bar this is the disciplinary committee this is
[01:08:06.220 --> 01:08:11.340]  the primary committee okay there is an electronic option available that it'll get submitted
[01:08:11.340 --> 01:08:15.220]  electronically but i'm wondering should i still do a physical printout and have it notarized
[01:08:15.220 --> 01:08:20.780]  and sent into his office i don't think notarizing is necessary this is not something that's
[01:08:20.780 --> 01:08:26.860]  got to be uh i don't let me go back to it i clicked out of it let me go back to it and
[01:08:26.860 --> 01:08:33.820]  see if it's got a jurat or a place for a notary stamp i i don't recall any bar agreements
[01:08:33.820 --> 01:08:39.020]  requiring the jurat no it's just it's got an affirmation at the bottom but that's it's
[01:08:39.020 --> 01:08:47.220]  that's not a jurat yeah this is not a technically a legal document right you're simply giving
[01:08:47.220 --> 01:08:56.020]  notice so it doesn't require it okay i just wanted to get in front of the right eye so
[01:08:56.020 --> 01:09:02.980]  they understand what's going on against uh the attorney okay one thing don't get too
[01:09:02.980 --> 01:09:11.100]  excited because if you follow bar agreements against the lawyer and you accuse the lawyer
[01:09:11.100 --> 01:09:19.140]  of running a truckload of dead babies over a cliff they're going to say we examined into
[01:09:19.140 --> 01:09:23.420]  your accusation and find it does not rise to the level of misconduct it's because the
[01:09:23.420 --> 01:09:28.220]  babies were dead had they been alive there may have been some misconduct not a chance
[01:09:28.220 --> 01:09:35.380]  it doesn't matter what you said they're gonna say that's some sick humor you're gonna get
[01:09:35.380 --> 01:09:40.660]  the same letter that says we've handed in your accusation found it does not rise to
[01:09:40.660 --> 01:09:46.300]  the level of misconduct correct now i'd like to add to that just because you get that form
[01:09:46.300 --> 01:09:51.100]  letter and everybody gets the same letter doesn't mean that it's over for the attorney
[01:09:51.100 --> 01:09:54.580]  what you're going to do is you're going to keep that attorney busy in front of the the
[01:09:54.580 --> 01:10:00.940]  grievance committee for the next at least 60 days because he's going to have to he's
[01:10:00.940 --> 01:10:07.820]  going to have to draft something some type of excuse to the court or to the to the disciplinary
[01:10:07.820 --> 01:10:18.460]  council to show why he should not be disciplined okay and that's not all that's not the best
[01:10:18.460 --> 01:10:27.420]  part the best part is is when he is when he gets the grievance he's required by his contract
[01:10:27.420 --> 01:10:35.560]  with his malpractice carrier to notice his carrier that he's been grieved if he has malpractice
[01:10:35.560 --> 01:10:43.540]  a lot of attorneys run bareback without uh without uh insurance in this they do a lot
[01:10:43.540 --> 01:10:48.980]  of states require it a lot of states do require it but here in texas it's not a requirement
[01:10:48.980 --> 01:10:55.140]  for them to have malpractice insurance eno insurance uh bond or anything of that nature
[01:10:55.140 --> 01:11:03.580]  however if they choose not to acquire this coverage then when they do get something that
[01:11:03.580 --> 01:11:10.960]  hits them it comes out of their billfold they've got no insurance company to to to run to cry
[01:11:10.960 --> 01:11:17.340]  and say hey can you pay this ten thousand dollar bill no that's coming out of your pocket
[01:11:17.340 --> 01:11:25.540]  you chose not to not to do business with us so don't come to us crying so if he has insurance
[01:11:25.540 --> 01:11:32.380]  it's going to double it if he doesn't have insurance it's going to terrify him because
[01:11:32.380 --> 01:11:38.820]  he's going to see the malpractice coming later and since he's a lawyer we lose or draw he's
[01:11:38.820 --> 01:11:45.660]  going to lose so that's where the real power and the bar agreements is and and we never
[01:11:45.660 --> 01:11:53.380]  suggest filing frivolous bar agreements and mostly that's because we don't have to in
[01:11:53.380 --> 01:12:01.060]  this regard lawyers are so accommodating well can be accommodation i wonder if i let the
[01:12:01.060 --> 01:12:06.740]  cat out of the bag early because i did email him and i asked him two key questions that
[01:12:06.740 --> 01:12:11.140]  would uh inform him as to what i was about to do i asked him how many grievances have
[01:12:11.140 --> 01:12:15.580]  you had against you in the past full year and how many have you had in the past five
[01:12:15.580 --> 01:12:23.780]  years you can get that on your state bar agree uh your state uh bar website here in texas
[01:12:23.780 --> 01:12:31.780]  um and in most states if you go to the the state bar website and find that attorney's
[01:12:31.780 --> 01:12:42.100]  uh registration uh it will mention any uh public discipline that has been administered
[01:12:42.100 --> 01:12:50.060]  to that attorney yeah but if they don't discipline then it won't show up correct and the bar
[01:12:50.060 --> 01:12:56.460]  goes to a lot of trouble to hide these from the public now well sure they do they're they're
[01:12:56.460 --> 01:13:01.820]  getting uh they're getting dues payments and they they don't want to interrupt that revenue
[01:13:01.820 --> 01:13:11.140]  stream exactly exactly you're absolutely right say that again yeah no i was agreeing i was
[01:13:11.140 --> 01:13:16.780]  agreeing with your co-host steve he's absolutely right they don't want that steve yes sir they
[01:13:16.780 --> 01:13:20.260]  don't want to interrupt that revenue stream so they're going to cover for him but when
[01:13:20.260 --> 01:13:26.780]  i emailed him i was just kind of influencing him to think twice when i emailed him asking
[01:13:26.780 --> 01:13:30.940]  him about how many but now i'll do my due diligence and look into that i will agree
[01:13:30.940 --> 01:13:36.980]  that that was definitely a shot across his bow okay i was hoping that it was a proper
[01:13:36.980 --> 01:13:46.620]  move rather than a no-no it wasn't it wasn't a no-no okay this is this is not the kind
[01:13:46.620 --> 01:13:55.740]  of thing that he could really cover himself for okay it's not like what we were talking
[01:13:55.740 --> 01:14:02.540]  earlier about giving them warning fair warning this is kind of giving them unfair warning
[01:14:02.540 --> 01:14:09.300]  yeah it is okay and there's nothing there there's there's nothing in the law or rules
[01:14:09.300 --> 01:14:16.060]  that that forbid forbid that either well after that email he stayed quiet for five days i
[01:14:16.060 --> 01:14:20.140]  haven't heard anything from him so now i'm contemplating to write up some new motion
[01:14:20.140 --> 01:14:24.960]  uh and also pursue this bar grievance and i'm thinking about using the element of no
[01:14:24.960 --> 01:14:30.340]  new evidence has been introduced since the first uh allegation ticket against me but
[01:14:30.340 --> 01:14:33.740]  he's using that as a reference to cite his new ticket
[01:14:33.740 --> 01:14:43.100]  and yeah you had a right to be tried on that first one if they didn't get it right then
[01:14:43.100 --> 01:14:49.180]  that's their problem so if they had a problem with the original prosecution
[01:14:49.180 --> 01:14:53.020]  then you bill them for your time and trouble for the original prosecution
[01:14:55.100 --> 01:15:01.340]  and how much would you build them well if let's let's talk about this here just a minute
[01:15:02.700 --> 01:15:10.140]  what does an attorney charge for his time generally between 250 up per hour
[01:15:10.140 --> 01:15:19.180]  200 if you find an attorney for 250 dollars you you're getting a relatively inexpensive attorney
[01:15:19.180 --> 01:15:24.940]  i know attorneys that that won't even speak to you on the phone for less than 10 grand
[01:15:26.220 --> 01:15:35.420]  okay so if you beat an attorney does your is your time just as valuable as his
[01:15:35.420 --> 01:15:42.860]  no no wait a minute the attorney is the servant and you are the master true but i'm going what
[01:15:42.860 --> 01:15:49.500]  i'm going to is how much to charge for your time you you mentioned who should get paid more the
[01:15:49.500 --> 01:15:54.220]  servant or the master oh okay now i see your point
[01:15:57.340 --> 01:16:03.180]  well we are in courts of equity for the most part so this falls under the goose doctrine
[01:16:03.180 --> 01:16:07.820]  the goose doctrine states what's good for the goose is good for the gander so if this guy's
[01:16:07.820 --> 01:16:16.700]  charging 250 dollars an hour 350 dollars an hour and you beat him you prevail your time is it
[01:16:16.700 --> 01:16:21.180]  is worth at least as much as his so i should send him a bill
[01:16:21.180 --> 01:16:35.260]  send him get the jurisdiction that prosecuted you improperly
[01:16:42.780 --> 01:16:46.300]  there you go sounds good to me
[01:16:46.300 --> 01:16:53.100]  i hear the break coming up folks 512-646-1984 is the number to dial to join us in conversation
[01:16:53.100 --> 01:17:17.500]  and we will be right back after this message stay tuned
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[01:19:13.180 --> 01:19:28.540]  oh come on
[01:19:28.540 --> 01:19:41.420]  okay we are back brandy kelton speech kid more we've already known we're talking to
[01:19:41.420 --> 01:19:50.380]  ted in washington had we pretty well got you lined out you you have now i'm curious about this bill
[01:19:50.380 --> 01:19:54.540]  how do i make it seem real so it doesn't come across as a joke do i get that one notarized
[01:19:54.540 --> 01:19:59.340]  no no this is uh administrative
[01:20:01.660 --> 01:20:09.020]  just send them the bill and they'll of course deny it then you send them a tort letter and
[01:20:09.020 --> 01:20:16.220]  you up the amount and they'll ignore the tort letter or they'll pretend to ignore the tort
[01:20:16.220 --> 01:20:22.300]  letter the tort letter is this a municipality cross can you or uh the justice district court
[01:20:22.300 --> 01:20:32.940]  wait i couldn't catch that yeah it's a district court it's uh okay then you send the
[01:20:34.220 --> 01:20:36.620]  county commissioner's court a tort letter
[01:20:38.940 --> 01:20:41.980]  they really really hate get sued
[01:20:44.940 --> 01:20:49.420]  so they're going to be running around to everybody what's going on what are you guys doing blah blah
[01:20:49.420 --> 01:20:57.420]  blah and then they're going to say you actually changed this prosecution so you could charge him
[01:20:57.420 --> 01:21:06.700]  more money and now he's suing us are you kidding me oh this would be glorious oh that would be
[01:21:06.700 --> 01:21:12.220]  amazing to me so a bill a tort letter and then another letter to the county commissioner's office
[01:21:12.220 --> 01:21:18.940]  no you know the tort letter in order to sue a governmental entity most every state has a
[01:21:18.940 --> 01:21:25.820]  requirement that you give them notice an opportunity to cure what would and that's what
[01:21:25.820 --> 01:21:35.980]  that's what the tort letter is you notice then that you have been harmed by their improper
[01:21:35.980 --> 01:21:42.460]  improper practices that you've been harmed in this amount make me hold or be sued
[01:21:45.500 --> 01:21:51.260]  and that tells them that you're going to file suit against them and generally most states
[01:21:51.260 --> 01:21:57.500]  require that you get notice and give them 60 days to make you hold before you sue
[01:21:57.500 --> 01:22:06.620]  so you send that to them do that well they'll know you're just walking down the the steps to file
[01:22:06.620 --> 01:22:14.860]  suit against them and that's going to get everybody in trouble you never you never win your case
[01:22:14.860 --> 01:22:23.340]  simply because you have the law and the facts on your side to think so is naive it is not that
[01:22:23.340 --> 01:22:32.140]  way now it never has been that way since we've had judges it has always been that you will win
[01:22:32.140 --> 01:22:40.220]  your case if you have the politics on your side sometimes the politics just land on your side
[01:22:41.020 --> 01:22:47.740]  and sometimes you have to help them out a little bit gotta give them a nudge exactly
[01:22:47.740 --> 01:22:55.420]  and a tort letter will give them a nudge when the judge is trying to explain to the county
[01:22:55.420 --> 01:23:01.020]  commissioner's court and prosecutors explaining to the county commissioner's court especially
[01:23:01.020 --> 01:23:10.540]  prosecutor because he's been hired and he can be fired so get them dancing and jumping up and down
[01:23:10.540 --> 01:23:15.660]  answering a lot of questions they are not going to like it and then you do any bar with the judge
[01:23:15.660 --> 01:23:21.820]  the the lawyer you might use your conduct complaint the judge for going along with this
[01:23:21.820 --> 01:23:32.300]  improper prosecution just so i will make this is awesome introduce them to the pro se from hell
[01:23:34.780 --> 01:23:43.660]  this is how we fix the system it is my stated purpose to place every judge in the country in
[01:23:43.660 --> 01:23:50.220]  a position such that when they step up behind the bench and look out across the bar at the gallery
[01:23:50.780 --> 01:23:57.340]  i want them wondering which one which one of those scoundrels sitting out there waiting for
[01:23:57.340 --> 01:24:03.500]  me to read the ruling so he can run down to the state commission and try to get me removed from
[01:24:03.500 --> 01:24:11.980]  office or to the grand jury try to get me indicted when the judge or judges are taking that
[01:24:11.980 --> 01:24:21.580]  consideration into mind we will get good adjudications the way we do that is bushwhack
[01:24:22.940 --> 01:24:29.420]  i only have one more week to have any kind of response from my perspective to them so do i
[01:24:29.420 --> 01:24:34.220]  send them the bill and the tort letter simultaneously or the no okay the bill and
[01:24:34.220 --> 01:24:43.260]  tort and court there no that's in the bill first they have nothing to do with any prosecution you
[01:24:43.260 --> 01:24:52.460]  send a motion to dismiss the prosecution because they accuse them of denying the process
[01:24:52.460 --> 01:25:04.940]  in that they initiated a flawed prosecution in order to to increase the cost and inconvenience
[01:25:04.940 --> 01:25:15.580]  of your being able to defend yourself in in the case that you had a riot to a hearing on
[01:25:15.580 --> 01:25:24.620]  the first case they had a duty to get a proper filing in the first instance so move to dismiss
[01:25:24.620 --> 01:25:32.700]  and if you send the tort letter or send the bill to them for the you know three or four times the
[01:25:32.700 --> 01:25:38.940]  amount of what they're going to charge you at least and that tells them that you're in process
[01:25:38.940 --> 01:25:45.580]  of setting them up to sue them and then do that motion to dismiss you get a little politics in
[01:25:45.580 --> 01:25:51.260]  there they might tell them just make this go away oh i love it so bill and motion at the same time
[01:25:52.140 --> 01:25:59.260]  yeah wait a little bit then the tort letter exactly give them that's at some point they're
[01:25:59.260 --> 01:26:05.020]  going to have to run a cost benefit analysis on this case and if they see that they stand a chance
[01:26:05.020 --> 01:26:12.140]  of losing more than they'll gain that gives them incentive to back off okay how much time should
[01:26:12.140 --> 01:26:17.900]  i give them between the bill and the tort letter because they've only given me uh 21 days between
[01:26:17.900 --> 01:26:24.140]  the date that they mailed the bill and the due date of the bill so they can read and give them
[01:26:24.140 --> 01:26:35.100]  10 days between the bill and the tort letter okay yeah and on the 11th day send the tort letter and
[01:26:35.100 --> 01:26:42.140]  then the tort letter give them 30 days or give them 60 days since required most states require
[01:26:42.140 --> 01:26:52.460]  60 days so give them 60 days and on 61st day file being filed in the small claims court or something
[01:26:52.460 --> 01:26:59.020]  because it'll cost very much okay small claims court okay wonderful gentlemen thank you you're
[01:26:59.020 --> 01:27:06.060]  welcome and even if you lose all of this the education you will get from this practice will
[01:27:06.060 --> 01:27:12.460]  be far more valuable than anything it will cost you agreed i'm doing this for the education because
[01:27:12.460 --> 01:27:19.900]  i can have a pathetic little bill but you'll know you're getting there when the red lights come on
[01:27:19.900 --> 01:27:26.140]  when the red lights come on behind you and you don't get that feeling in the period you stuck
[01:27:27.180 --> 01:27:33.340]  i and you think you think go ahead brother i'm fixing to give you a walk through the legal system
[01:27:33.340 --> 01:27:41.180]  you are not gonna believe well i've already filed a notice of fraudulent uh activity against the
[01:27:41.180 --> 01:27:46.940]  trooper and to his superior because on the ticket he put something else but verbally he said you
[01:27:46.940 --> 01:27:53.660]  know i'll just say that you went five over so it's cheaper for you uh so when i filed this notice
[01:27:53.660 --> 01:28:00.220]  of fraudulent activity on his behalf i called him a roadside auctioneer and that he's a model
[01:28:00.220 --> 01:28:07.580]  for our kids i like that road road side auctioneer oh i can i can email that to you if you wish i i
[01:28:07.580 --> 01:28:12.460]  told them that he's disgracing the state model which is service with humility i said what service
[01:28:12.460 --> 01:28:19.020]  there's nothing humble about what he did so they completely went silent and ignored that
[01:28:20.060 --> 01:28:25.980]  wonderful okay we do really need to go we've got two more callers and only two segments left
[01:28:26.780 --> 01:28:30.780]  okay go for it gentlemen you've been very helpful thank you so much both of you randy and
[01:28:30.780 --> 01:28:38.700]  keep us up to date on how this plays out oh and can i get your email addresses yes randy at
[01:28:38.700 --> 01:28:45.020]  rule of law radio dot com oh straight up first name at rule of law radio okay and for you steve
[01:28:45.020 --> 01:28:47.660]  yeah uh mine is steve
[01:28:49.980 --> 01:28:55.900]  underscore skidmore the number one at hotmail
[01:28:55.900 --> 01:29:08.140]  at hotmail uh skidmore one one oh or two ohs one yeah i got it correctly yes sir thank you
[01:29:08.940 --> 01:29:17.660]  thank you absolutely okay thank you now we're going to go to ramon in texas hello ramon
[01:29:21.500 --> 01:29:22.380]  hello ramon
[01:29:22.380 --> 01:29:32.460]  i think we put him to sleep we may have i think we've done that to ramone before i think ramone
[01:29:32.460 --> 01:29:41.900]  in texas going once looks like he's just dropped off going twice and he's gone okay now we're going
[01:29:41.900 --> 01:29:51.500]  to well well randy look at the time wait do what oh the time oh yeah we're going to fall off the
[01:29:51.500 --> 01:30:05.980]  cliff here we'll be right back do not pass go go directly to jail that's what lawbreakers normally
[01:30:05.980 --> 01:30:11.820]  hear from courts but in alabama one judge is offering offenders a unique option for punishment
[01:30:11.820 --> 01:30:18.140]  i'm dr catherine albrecht in a moment i'll tell you what it is privacy is under attack when you
[01:30:18.140 --> 01:30:23.500]  give up data about yourself you'll never get it back again and once your privacy is gone you'll
[01:30:23.500 --> 01:30:29.580]  find your freedoms will start to vanish too so protect your rights say no to surveillance and
[01:30:29.580 --> 01:30:35.420]  keep your information to yourself privacy it's worth hanging on to this message is brought to
[01:30:35.420 --> 01:30:42.220]  you by startpage.com the private search engine alternative to google yahoo and bing start over
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[01:31:01.020 --> 01:31:08.220]  pastor and the police then after 52 sermons their cases are dismissed the aclu says this violates
[01:31:08.220 --> 01:31:13.340]  the separation between church and state and other critics say it's unfair to atheists and minority
[01:31:13.340 --> 01:31:18.620]  religions but i see the program is at least worth trying being in church on sunday rather than a
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[01:33:00.460 --> 01:33:24.860]  you are listening to the logos radio network logosradionetwork.com
[01:33:30.540 --> 01:33:34.940]  the tools and the massive capability available for all eternity
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[01:34:09.340 --> 01:34:16.140]  what's left of us anyway yeah and hang on marshall ramone called back in he dropped uh let's go to
[01:34:16.140 --> 01:34:23.900]  ramone i wanted to talk to ramone because i've had a bone peak with him hello ramone hey randy
[01:34:23.900 --> 01:34:30.220]  thanks for taking my calls about that yeah do you feel bony today no it's just i just got to do
[01:34:30.220 --> 01:34:36.060]  smartphone for the first time in my life and i i pushed you've got a 10 year old don't you
[01:34:37.660 --> 01:34:44.140]  yeah and he's it's fabulous have him show you how to use it now about your 10 year old and about
[01:34:44.140 --> 01:34:51.980]  that 10 year old yeah i had a bone to pick with you about that 10 year old i had plans for some
[01:34:51.980 --> 01:35:03.500]  bumper music ramone has a 10 year old that is absolutely a musical prodigy i met him when he
[01:35:03.500 --> 01:35:13.820]  was eight he was absolutely astounding and i'm supposed to have a cd of his music i take it you
[01:35:13.820 --> 01:35:23.900]  don't have a cd of his music no i do not ramon do you know what list that puts you on we can't
[01:35:23.900 --> 01:35:28.380]  can't say it on air but you know what list you're on
[01:35:31.340 --> 01:35:37.900]  i would consider it a great honor to be able to use some of his music and spoken music
[01:35:37.900 --> 01:35:43.820]  randy i already sent you some at least one or two songs you just got to check your email buddy
[01:35:44.540 --> 01:35:52.540]  ah so it comes back on you there mr kelton okay did you send did you send him claire de lune
[01:35:54.860 --> 01:35:57.580]  i did what was it was it claire of the moon
[01:35:59.900 --> 01:36:05.740]  okay that's it inside don't guys okay not as close as one would think
[01:36:05.740 --> 01:36:11.260]  one would think claire de lune i think fur Elise is one of my favorites we were i was over this
[01:36:11.260 --> 01:36:17.260]  house in an eight-year-old sir and every classical tune i could think of he played
[01:36:18.220 --> 01:36:24.700]  and it's a magic played it well i was just astounded my twin brother when i lost
[01:36:25.820 --> 01:36:31.100]  was that way he could it was a musical prodigy he could play anything
[01:36:31.100 --> 01:36:40.860]  and frankly your son just about brought me to tears oh my gosh if you will send those back to
[01:36:40.860 --> 01:36:48.700]  me and put a subject line in all caps i'll make sure i get those so i very much would like to have
[01:36:48.700 --> 01:36:57.260]  his music on my bumper musics we would be honored to randy are you kidding me my son is he loves you
[01:36:57.260 --> 01:37:02.940]  you know i think you're great you're like a dude let me ask you a question can i ask you a question
[01:37:02.940 --> 01:37:12.220]  now yes yes a legal question okay the legal question is um can you just kind of talk about
[01:37:12.220 --> 01:37:23.740]  explain describe emphasize just elaborate on the idea and concept of capacity agency and standing
[01:37:23.740 --> 01:37:35.660]  on a notice of default and that's a good question and i'll just place myself on mute okay agency
[01:37:35.660 --> 01:37:49.980]  agency someone acting as an agent on behalf of a principal who has standing by way of
[01:37:49.980 --> 01:37:59.340]  either being a holder or a servicer has standing to make a claim against the debt
[01:38:00.460 --> 01:38:08.780]  and also has the legal capacity to make the claim by way of being in
[01:38:11.660 --> 01:38:16.620]  what's the term for being in good standing with a contract
[01:38:16.620 --> 01:38:23.260]  uh being in compliance with all law and in good standing with the contract
[01:38:24.860 --> 01:38:31.980]  and what we mean by that is you know we talk a lot about holder status the agent
[01:38:31.980 --> 01:38:37.980]  must be an agent for a holder one who holds the entire obligation
[01:38:37.980 --> 01:38:46.540]  holding the entire obligation to give principle standing now once he has standing now he also
[01:38:46.540 --> 01:38:57.340]  has to have the legal capacity so if he has standing by way of having been made a principal
[01:38:57.340 --> 01:39:05.580]  on the debt obligation and the security instrument then he has to come to the core
[01:39:05.580 --> 01:39:09.660]  and then he has to come to the core and show that he is
[01:39:12.380 --> 01:39:20.140]  in in has to violated any of the covenants of the contract or hasn't violated any laws relating to
[01:39:20.140 --> 01:39:30.460]  the contract being one of those would eliminate his capacity wow that's amazing does that make
[01:39:30.460 --> 01:39:40.460]  sense steve did i miss anything not that i could tell okay that's the first thing you want to say
[01:39:40.460 --> 01:39:48.140]  is who are you we have a client that actually brought to steve and we have a
[01:39:48.140 --> 01:40:01.180]  a claim by this entity and their claim they included a deed of trust and a note
[01:40:02.540 --> 01:40:07.500]  now i don't even remember what the company was the original lender was
[01:40:07.500 --> 01:40:17.740]  uh the american brokers conduit and they they have a deed of trust with american brokers
[01:40:17.740 --> 01:40:26.860]  conduit where the lender i mean for the borrower granted certain privileges to american brokers
[01:40:26.860 --> 01:40:36.300]  conduit and the note the note shows that the borrower agreed to pay american brokers conduit
[01:40:36.300 --> 01:40:42.700]  a certain amount of money over a certain amount of time and the note included with this volume
[01:40:43.580 --> 01:40:54.700]  was endorsed without recourse to american brokers conduit and this lawyer filed this document and
[01:40:54.700 --> 01:41:06.540]  claimed to be the agent for a plains bank or something like that playing something back
[01:41:08.940 --> 01:41:18.860]  well how did they how would plains bank have standing when in the county record the only
[01:41:18.860 --> 01:41:26.540]  thing filed in the county record is the deed of giving a claim to american brokers conduit
[01:41:28.620 --> 01:41:35.500]  how did plains bank get anything to have anything to do with it so the question becomes
[01:41:36.060 --> 01:41:45.580]  plains capital plains capital okay here we go did plains capital actually hire this lawyer to make
[01:41:45.580 --> 01:41:54.060]  this claim all we know right now is this lawyer filed this document put his name
[01:41:55.180 --> 01:42:02.300]  and made these assertions and allegations we don't know if plains capital had anything to do with
[01:42:02.300 --> 01:42:11.020]  this it'd be inappropriate to go land on capital and accuse them of making a false claim they may
[01:42:11.020 --> 01:42:25.660]  not have even done it so mr lawyer you show us agency to represent plains capital if you can't
[01:42:25.660 --> 01:42:33.020]  show us agency to represent plains capital really sue you you're the only one we know anything about
[01:42:33.020 --> 01:42:40.860]  and when we show you then it's going to be up to you to come to the court and show that you had
[01:42:40.860 --> 01:42:54.140]  agency to represent a client a principal who had standing now in looking at accounting record it is
[01:42:54.140 --> 01:43:05.740]  not possible for them to have standing the reason being we have the american brokers conduit they
[01:43:05.740 --> 01:43:16.060]  died mary brokers conduit of texas law is a person and that person died in 2010 so the person's been
[01:43:16.060 --> 01:43:26.780]  dead for four years and before the person died they did not transfer their claim against the
[01:43:26.780 --> 01:43:37.100]  property to anyone or if they did that claim was not properly acknowledged or proven and filed in
[01:43:37.100 --> 01:43:42.940]  the public record this report about 15.001 property code and therefore that claim is
[01:43:42.940 --> 01:43:52.140]  avoidance to the holder so but we don't know if the claims capital had anything to do with it
[01:43:52.140 --> 01:43:57.660]  we know it's the lawyer did this so we go after the lawyer first and i'll touch on this a little
[01:43:57.660 --> 01:44:04.300]  when we get back you feel tired when talking about important topics like money and politics
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[01:46:25.260 --> 01:46:36.060]  so
[01:46:36.060 --> 01:46:47.820]  so
[01:46:55.820 --> 01:47:01.980]  it was randy's turn to fall off the cliff yeah i did man i let you
[01:47:01.980 --> 01:47:11.180]  it thought you had that one under control randy okay ramone did that uh oh we're talking about
[01:47:11.180 --> 01:47:19.100]  sue the lawyer right because you don't know if anything the lawyer said was true
[01:47:19.100 --> 01:47:24.460]  until he proves of agency once he was of agency then you could sue plains capital
[01:47:24.460 --> 01:47:29.660]  because plains capital is claiming to have the power to act in the place of a dead guy
[01:47:29.660 --> 01:47:39.660]  and maybe they do but even if they do they didn't file in the public record
[01:47:42.140 --> 01:47:46.300]  so they don't have even if they they hold it and have standing
[01:47:46.860 --> 01:47:50.780]  they didn't file their claim in the record so they don't have capacity
[01:47:50.780 --> 01:48:02.140]  okay that'll make sense is it clear the difference between standing capacity agency it makes sense
[01:48:05.500 --> 01:48:11.580]  good we struggle with that and once every two years i make sense
[01:48:14.940 --> 01:48:19.500]  so that means you're not going to make sense for another two years probably not whether i mean
[01:48:19.500 --> 01:48:27.500]  you or not okay do you have anything else yeah um push out that sense maybe another
[01:48:27.500 --> 01:48:28.780]  three months to six months
[01:48:31.660 --> 01:48:32.620]  wait see that again
[01:48:34.780 --> 01:48:38.300]  what if you push your sense out to another three months to six months
[01:48:38.300 --> 01:48:39.420]  what are your thoughts on that
[01:48:41.820 --> 01:48:44.540]  wait i'm having trouble understanding could you understand
[01:48:44.540 --> 01:48:51.820]  no what are you pushing out three months to six yeah because what i'm pushing out is the thoughts
[01:48:51.820 --> 01:48:58.380]  right because you guys never mind so randy so standing capacity agency for notice of default
[01:48:58.380 --> 01:49:09.420]  right that's where he left off and so without any proof of all that in order of default is what
[01:49:09.420 --> 01:49:18.140]  default is what invalid it well if you can't prove this the filed one then there isn't one
[01:49:18.140 --> 01:49:28.540]  but if you're in turner county target the the notice of default is only required to be kept
[01:49:28.540 --> 01:49:34.700]  by the clerk for 60 days the notice of default is not really filed in the public record like other
[01:49:34.700 --> 01:49:43.820]  things are and it's only required to hold it for 60 days but i assure you let me uh randy may i
[01:49:43.820 --> 01:49:50.060]  interrupt really just real quick however aren't those some of those notices required to be uh
[01:49:52.060 --> 01:49:58.620]  motorized i i think everything that's filed in the public record is required to be verified
[01:49:59.660 --> 01:50:03.340]  correct i agree and sometimes some of those notices are required to be
[01:50:03.340 --> 01:50:09.980]  in the public record right okay but a notice of default i'm not sure no no no they're not
[01:50:09.980 --> 01:50:16.940]  required to be in the real property record no yes sir i'm not saying that the notice has to be
[01:50:17.500 --> 01:50:26.140]  but certain records do have to be uh uh listed in public recording yes everything the notice
[01:50:26.140 --> 01:50:33.500]  the notice the notice of default would probably be sent to you both by uh regular mail and a return
[01:50:33.500 --> 01:50:43.180]  receipt certified return receipt yes and it is required to be filed with the clerk but it's not
[01:50:43.180 --> 01:50:49.740]  required to be filed in the property records that's the clerk of the court yeah not the county clerk
[01:50:49.740 --> 01:50:55.500]  okay wait no no this is if the county clerk isn't one is supposed the notice of default
[01:50:55.500 --> 01:51:00.460]  is to be filed with the county clerk and the county clerk has to keep it for 60 days
[01:51:01.180 --> 01:51:08.620]  so it's in a separate file go ahead randy randy hold up go back to where you said it's not
[01:51:08.620 --> 01:51:17.260]  required to be filed where it's not being in the property records it's filed with the county clerk
[01:51:17.260 --> 01:51:23.820]  and the county clerk holds it in a different file they had one file for all the notices of default
[01:51:25.020 --> 01:51:31.820]  and they're required to keep those for 60 days but i assure you they never purged that database
[01:51:31.820 --> 01:51:41.100]  so they keep them all so if you were going to they can't prove that they filed the notice of default
[01:51:41.100 --> 01:51:48.780]  they'll be able to go to the clerk and pull it from the clerk and that was assuming what
[01:51:48.780 --> 01:51:55.420]  your question was going to be was that what your question was no no not really randy i just wanted
[01:51:55.420 --> 01:52:03.260]  to have your uh opinion on the subject but oh okay there was a problem with notice of default
[01:52:03.260 --> 01:52:12.460]  this is default it should be in the public in in the property records but for some reason they do
[01:52:12.460 --> 01:52:22.860]  it different and it's kind of if it is if the clerk only keeps record for 60 days there's
[01:52:22.860 --> 01:52:29.900]  no way for them to prove that they actually filed it with the clerk so that creates a problem
[01:52:29.900 --> 01:52:34.220]  but it's not an issue i've ever taken up
[01:52:37.260 --> 01:52:39.820]  we've got so many more i never had to go there
[01:52:43.980 --> 01:52:48.060]  it is i'm not sure what you're asking is that pretty well colored
[01:52:50.620 --> 01:52:57.340]  yeah thank you sir okay let me move on i've got marshall has been waiting a long time
[01:52:57.340 --> 01:53:03.740]  thanks a lot bye good night all right thank you ramon let's say we'll go into marshall in texas
[01:53:03.740 --> 01:53:11.180]  hello marshall uh this is marshall in washington oh okay
[01:53:13.260 --> 01:53:19.340]  oh we talked to you earlier we have oh that's confusing
[01:53:19.340 --> 01:53:27.340]  that's confusing okay uh we got the prosecutor pretty well taken care of
[01:53:30.940 --> 01:53:34.700]  this is confusing because i think both of these were at the same time
[01:53:35.580 --> 01:53:39.420]  yeah okay uh can you think of another question
[01:53:39.420 --> 01:53:49.420]  i had a question about the uh the functional difference between a dismissal with prejudice
[01:53:50.380 --> 01:53:57.340]  and a finding of not guilty by a jury and the reason i asked this because i'm familiar with
[01:53:57.340 --> 01:54:04.460]  a case here in washington state where they tried a gentleman three times and the first two times
[01:54:04.460 --> 01:54:13.660]  were dismissed with prejudice that is a really good question well if the the first one was filed
[01:54:13.660 --> 01:54:19.660]  with prejudice to the filing of the same or if it was rather dismissed with prejudice to the filing
[01:54:19.660 --> 01:54:26.780]  of the same where did the filing party get the authority to file the second when something is
[01:54:26.780 --> 01:54:34.620]  dismissed with prejudice that means that you cannot file that same claim again so was the
[01:54:34.620 --> 01:54:41.180]  second filing a different filing or i'm sorry a different claim well this is a criminal case
[01:54:42.380 --> 01:54:51.820]  yes okay if say three things occurred in a criminal episode and they charged you with
[01:54:51.820 --> 01:54:59.100]  one of those three things and it gets dismissed with prejudice they can come back and charge you
[01:54:59.100 --> 01:55:06.060]  with another one another violation that occurred in the episode they don't have to charge you with
[01:55:06.060 --> 01:55:12.860]  all of them once did they charge him the second time with the same thing they charged him with
[01:55:12.860 --> 01:55:23.500]  the first time but yes they did and that should get double jeopardy i don't know that there is
[01:55:23.500 --> 01:55:32.940]  a difference between a not guilty plea and a dismissal with prejudice well a the dismissal
[01:55:32.940 --> 01:55:40.460]  with prejudice was overruled by an appellate court oh that'll work that's just like a
[01:55:40.460 --> 01:55:48.940]  a just a a fighting of not guilty if it's overruled then it would have the same effect
[01:55:50.940 --> 01:55:55.980]  so since that's the case since it can be overturned if it would appear more easily
[01:55:56.540 --> 01:56:02.940]  than a finding of not guilty by a jury can be overturned then the question is how do you go
[01:56:02.940 --> 01:56:08.860]  about stopping them or resisting getting a dismissal with prejudice keeping it in court so
[01:56:08.860 --> 01:56:19.020]  you can get a finding of not guilty by a jury i've tried to resist a dismissal and always the
[01:56:19.020 --> 01:56:28.140]  court ignored me the last one was a traffic ticket in hazel and i was having way too much fun and
[01:56:28.140 --> 01:56:34.460]  the judge said is you can call my name they said is a prosecution rig and the prosecutor said no
[01:56:34.460 --> 01:56:41.260]  your honor we are not ready and the judge said case dismissed i object you object to a dismissal
[01:56:41.260 --> 01:56:46.860]  mr kilker yeah your honor we're just about to get to the good part get out of my court
[01:56:50.060 --> 01:56:58.540]  but and a couple of times i would get you to a dismissal and i haven't found anything that says
[01:56:58.540 --> 01:57:05.980]  i can or cannot object to it i suppose i could try to appeal it but i think the courts would toss it
[01:57:07.420 --> 01:57:15.100]  so i wouldn't know how to keep it in to get a a not guilty verdict but
[01:57:15.100 --> 01:57:19.420]  another guilty verdict could be overturned the same as a dismissal with prejudice
[01:57:19.420 --> 01:57:26.860]  so that really not a not guilty verdict is not the end of the story
[01:57:29.100 --> 01:57:32.780]  the prosecution can always appeal verdict
[01:57:35.340 --> 01:57:39.340]  because they you know pound delayed on a guilty verdict and he appealed it and they threw the
[01:57:39.340 --> 01:57:44.380]  whole thing out so if one side can appeal the other side can't do so i don't think it would
[01:57:44.380 --> 01:57:51.500]  i can't see a functional difference between dismissal with prejudice and a not guilty verdict
[01:57:53.820 --> 01:58:01.820]  okay thanks a whole lot okay thank you very much and tommy was great we're just about to run out
[01:58:01.820 --> 01:58:10.220]  of time this is rant kelton steve schemer with our radio and we're about to end this four hour info
[01:58:10.220 --> 01:58:16.860]  marathon we'll be back next thursday with our two-hour show and then again friday make sure
[01:58:16.860 --> 01:58:26.060]  you tune in monday to eddie craig and his traffic show and if you get a chance go to logos
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[01:58:39.500 --> 01:58:41.740]  good night not everybody
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