[00:00.000 --> 00:07.280]  This is the Liberty Beat, your daily source for Liberty News and activist updates online
[00:07.280 --> 00:09.000]  at TheLibertyBeat.com.
[00:09.000 --> 00:13.720]  I'm Brian Hagan with your Liberty Beat for Thursday, October 9, 2014.
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[00:54.760 --> 00:59.840]  In the news, an estimated crowd of 6 to 10,000 people will protest in Ferguson this weekend
[00:59.840 --> 01:02.840]  to mark the two-month anniversary of the death of Michael Brown.
[01:02.840 --> 01:07.960]  Hands Up United, Organization for Black Struggle, Missourians, Organizing for Reform and Empowerment,
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[01:14.600 --> 01:18.920]  Liberty Beat reporter Derek Brose was assaulted and temporarily arrested while waiting to speak
[01:18.920 --> 01:21.160]  at a Houston City Council meeting on Tuesday.
[01:21.160 --> 01:25.040]  Brose and video taped a Houston Police Department officer grabbing an activist representing
[01:25.040 --> 01:28.640]  fluoride-free Houston, but then found himself in a similar situation.
[01:28.640 --> 01:33.040]  I was accused of flipping off a council member and drug out of the council chambers into
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[01:35.720 --> 01:39.520]  Eventually, the officers realized I was not guilty of the victimless crime and decided
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[01:40.520 --> 01:45.360]  I asked the officer for an apology, at which point he handcuffed me and accused me of using
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[01:47.480 --> 01:51.560]  Eventually, the commanding officers came out and released me with a citation.
[01:51.560 --> 01:55.760]  Brose plans to contest the charges while raising awareness to the violations of First Amendment
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[01:58.640 --> 02:02.800]  Open Source Activists, scholars, researchers and electronic freedom groups will celebrate
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[02:20.320 --> 02:23.320]  The theme for 2014 is Generation Open.
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[02:50.200 --> 02:54.200]  This is the Liberty Beat for Thursday, October 9th, 2014.
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[09:11.160 --> 09:17.160]  Well, it was filed September 24th, number one, so it's fairly recently.
[09:17.160 --> 09:22.160]  The other thing I'm thinking is that she's put that in there to make them come to the
[09:22.160 --> 09:27.160]  table so that, and she's asking for a jury trial besides, to make them come to the
[09:27.160 --> 09:31.160]  table so this can get decided quickly.
[09:31.160 --> 09:38.160]  The other thing I'm thinking is that they don't want any notoriety yet.
[09:38.160 --> 09:43.160]  And I think that what the banks are thinking that they could still foreclose on these
[09:43.160 --> 09:48.160]  people, and if they don't know about the quiet title, they don't claim it.
[09:48.160 --> 09:51.160]  But if they knew about it, they'd have to give it to them.
[09:51.160 --> 10:03.160]  But if quiet title is quiet title as a matter of law, then once they foreclose if the
[10:03.160 --> 10:11.160]  borrower finds out about it, then he could come back and possibly use a suit we just
[10:11.160 --> 10:16.160]  got through the courts here in Texas.
[10:16.160 --> 10:24.160]  And what that suit was is L. Keller Mackie, who I've hammered a timer to myself with
[10:24.160 --> 10:34.160]  Relish, one of the foreclosure meals, a borrower asked to see the original security
[10:34.160 --> 10:35.160]  instrument.
[10:35.160 --> 10:40.160]  And I just hope that he learned to do that by listening to my show, but I don't know
[10:40.160 --> 10:41.160]  that.
[10:41.160 --> 10:46.160]  He asked to see the original security instrument, and Mackie told him,
[10:46.160 --> 10:48.160]  well, come on down to our office.
[10:48.160 --> 10:49.160]  We'll show it to you.
[10:49.160 --> 10:53.160]  They came on down to the office, and Mackie showed him a copy.
[10:53.160 --> 11:00.160]  He left, filed a suit against Mackie for presenting a fraudulent document.
[11:00.160 --> 11:10.160]  And Mackie, in his arrogance to the point of hubris, filed a response saying that he
[11:10.160 --> 11:15.160]  was merely representing his client and thereby was immune from suit.
[11:15.160 --> 11:20.160]  He did not argue anything in the alternative.
[11:20.160 --> 11:27.160]  Had he argued in the alternative, the true and accurate copy, which I showed the borrower,
[11:27.160 --> 11:30.160]  was sufficient to comply with law.
[11:30.160 --> 11:32.160]  Well, it wasn't.
[11:32.160 --> 11:39.160]  But at least he would have given the corrupt judges something to give a bogus ruling on.
[11:39.160 --> 11:41.160]  But he didn't do that.
[11:41.160 --> 11:48.160]  He only argued that he had immunity from suit because he was representing the client, and
[11:48.160 --> 11:57.160]  the courts ruled, no, presenting fraudulent documents is not a duty of an attorney.
[11:57.160 --> 12:01.160]  So therefore you have no immunity.
[12:01.160 --> 12:16.160]  So if a lawyer for a bank presents a notice of foreclosure based on a security instrument
[12:16.160 --> 12:24.160]  that is void as a matter of law, that's a fraudulent document.
[12:24.160 --> 12:28.160]  And you sue the lawyer himself.
[12:28.160 --> 12:31.160]  That'll make him unhappy.
[12:31.160 --> 12:40.160]  And especially if the clerk gets this ruling that these security instruments are void
[12:40.160 --> 12:42.160]  as a matter of law.
[12:42.160 --> 12:44.160]  That's a holy mackerel.
[12:44.160 --> 12:51.160]  And remind me never to play poker with this woman.
[12:51.160 --> 12:54.160]  Well, they are void as a matter of law.
[12:54.160 --> 13:00.160]  You've read my brief and it explains why it is.
[13:00.160 --> 13:02.160]  Because MERS...
[13:02.160 --> 13:11.160]  Well, it's easy enough because you have the governing law and severability clause in every
[13:11.160 --> 13:18.160]  deed of trust where both parties agree to abide by all law.
[13:18.160 --> 13:24.160]  Violation of that one, one is enough to void the contract.
[13:24.160 --> 13:30.160]  Well, there's interesting in Pennsylvania, we have a case law that states that any contract
[13:30.160 --> 13:38.160]  that cannot be confined with or executed without breaking the law is void on its face.
[13:38.160 --> 13:41.160]  That's every places that way.
[13:41.160 --> 13:44.160]  That's pretty well standard.
[13:44.160 --> 13:46.160]  That's in the contract.
[13:46.160 --> 13:50.160]  That's the severability portion of the contract.
[13:50.160 --> 13:51.160]  Right.
[13:51.160 --> 13:53.160]  Governing law and severability.
[13:53.160 --> 14:05.160]  Severability says that if any portion of this contract is contrary to law, then that portion of the contract is void.
[14:05.160 --> 14:08.160]  How can you sever the mortgagee?
[14:08.160 --> 14:10.160]  That's the problem.
[14:10.160 --> 14:23.160]  If it's void and the contract can still be viable, then they can continue to enforce those portions of the contract as viable.
[14:23.160 --> 14:34.160]  But if the portion that is rendered void renders the contract unenforceable, then the contract is trash.
[14:34.160 --> 14:35.160]  Yes.
[14:35.160 --> 14:37.160]  So that sounds like the case here.
[14:37.160 --> 14:44.160]  What is the portion that you're referring to?
[14:44.160 --> 14:45.160]  What do you mean?
[14:45.160 --> 14:57.160]  Well, the mortgagee itself is void because the whole purpose of using it is to avoid the recording laws, the severing laws, the forgery laws.
[14:57.160 --> 15:11.160]  Okay. Well, what the severability goes to and what the reference you made goes to is a provision of the contract that violates the law.
[15:11.160 --> 15:27.160]  For instance, if there was a provision in the contract where both parties agreed that the lender did not have to file a notice of change of holder status.
[15:27.160 --> 15:35.160]  When the law says yes, you do, then that portion of the contract would be void.
[15:35.160 --> 15:51.160]  Because it would be in violation of law. But if the other side has written a contract and then violated a provision of the contract, then the severability clause wouldn't be invoked.
[15:51.160 --> 15:57.160]  The contract would simply be repudiated.
[15:57.160 --> 16:03.160]  Keep in mind, a deed of trust is a grant of privilege.
[16:03.160 --> 16:13.160]  The borrower grants a privilege to the lender on the condition that the lender do certain things.
[16:13.160 --> 16:17.160]  Providing him with a warranty deed is one of those things.
[16:17.160 --> 16:23.160]  Abiding by all relevant laws, another one of those things.
[16:23.160 --> 16:32.160]  So if he breaches a covenant of the contract, he can no longer come and claim the privilege.
[16:32.160 --> 16:36.160]  And that wouldn't render the whole thing.
[16:36.160 --> 16:40.160]  I mean, void is a matter of law, but void a matter of breach of contract.
[16:40.160 --> 16:46.160]  Hang on, Randy Kelton, Deborah Stevens, here with our favorite grandma, Leslie.
[16:46.160 --> 16:53.160]  We will be, give us a call, we're going to keep the phones open all night to 512-646-1984.
[16:53.160 --> 17:00.160]  Give us a call, we'll be taking your calls all night, and we'll be right back.
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[19:34.160 --> 19:35.160]  Okay, we are back.
[19:35.160 --> 19:41.160]  Randy Kelton, Deborah Stevens, rule of law radio, and we're talking to Leslie in Pennsylvania.
[19:41.160 --> 19:48.160]  Leslie, did I get off topic or did I go somewhere you weren't intending to go?
[19:48.160 --> 19:59.160]  No, no, but I am so excited about this recent complaint from Ms. Backer.
[19:59.160 --> 20:04.160]  I really am, especially with the quiet title stick in it.
[20:04.160 --> 20:11.160]  Yes, that sounds like a bargaining chip.
[20:11.160 --> 20:13.160]  That's what I was thinking too.
[20:13.160 --> 20:32.160]  I don't see how the court could unilaterally rule that all of these documents are fraudulent or certainly couldn't rule that a determination on a case when the case hadn't been filed.
[20:32.160 --> 20:35.160]  Okay, this is the problem.
[20:35.160 --> 20:55.160]  Under 621, if there hasn't been an assignment of mortgage for six months in Pennsylvania, after six months, that assignment of mortgage that is not recorded cannot be used to assign it to someone else.
[20:55.160 --> 21:04.160]  Oh, okay, so that's how she's getting to its void as a matter of law.
[21:04.160 --> 21:06.160]  Yes.
[21:06.160 --> 21:16.160]  Like you have a lender, it was common practice in those days for the banks to set up a mortgage company.
[21:16.160 --> 21:32.160]  And the mortgage company would produce these predatory loans, then sell them to the pool at a discount so that the mortgage company on paper lost money with every deal.
[21:32.160 --> 21:41.160]  And by that method, they could hide the income through a bankruptcy of the mortgage company.
[21:41.160 --> 21:54.160]  And then the bank would get the highly profitable note without having to account for the profit because the mortgage company bankrupted that out.
[21:54.160 --> 21:59.160]  Then they'd close that mortgage company and open another one.
[21:59.160 --> 22:12.160]  Well, while it defrauded us of a lot of our taxes, it also caused the banks a problem because these mortgage companies are all going out of business.
[22:12.160 --> 22:19.160]  So, if I think I bumped it, can you still hear me?
[22:19.160 --> 22:21.160]  Yes, I can hear you.
[22:21.160 --> 22:26.160]  Oh, okay, because I bumped the key and I thought my sound went down.
[22:26.160 --> 22:52.160]  Okay, so if the mortgage company has gone out of business and it's been more than six months and there hasn't been an assignment of the security instrument, then the security instrument would become void as a matter of law.
[22:52.160 --> 22:53.160]  Right.
[22:53.160 --> 23:02.160]  So, I can see how she can do that because most of these, you know, majority of these companies, when I look them up, they're out of business.
[23:02.160 --> 23:16.160]  And, you know, even states that don't have those statutes, we have MERS, if you watch your security instrument, I mean, you watch the transfer of the assignment of the security instrument, if you look at it.
[23:16.160 --> 23:33.160]  If it says that MERS acting as nominee for the lender and his successors and assigns without naming the lender, they generally do that when the lender is already out of business.
[23:33.160 --> 23:36.160]  So, they don't want that name to come up.
[23:36.160 --> 23:38.160]  So, they leave it out.
[23:38.160 --> 23:47.160]  Well, that document's fraudulent on its face and they know full well it's fraudulent on its face.
[23:47.160 --> 23:50.160]  That's why they write it that way.
[23:50.160 --> 24:13.160]  She's also considering the use of their milestones against them, you know, to make them when they have these, because they're asking for all of the missing ones to be put in there and I think she's asking for the milestones later to be submitted with the...
[24:13.160 --> 24:14.160]  What do you call it?
[24:14.160 --> 24:17.160]  The assignment's a mortgage to prove.
[24:17.160 --> 24:25.160]  Oh, the milestone report to establish that the chain of titles not interrupted.
[24:25.160 --> 24:26.160]  Yes.
[24:26.160 --> 24:29.160]  Oh, wonderful.
[24:29.160 --> 24:33.160]  It looks like this woman's going for the throat.
[24:33.160 --> 24:38.160]  Yeah, well, I had sent her a copy of mine so she knew what it was like.
[24:38.160 --> 24:58.160]  The other thing is that under this subtitle of Title 21, the 621 is so important, because what happens is the minute they know that there's, like, within 90 days after you make a settlement, your mortgage is assigned and that's not recorded.
[24:58.160 --> 25:01.160]  But within two or three days, it's assigned again.
[25:01.160 --> 25:18.160]  So because the first assignment does transfer interest because it's before the six months, but if after six months no record is made of any assignment, that mortgage goes nowhere.
[25:18.160 --> 25:21.160]  It cannot be assigned at all.
[25:21.160 --> 25:22.160]  Right.
[25:22.160 --> 25:36.160]  And you're saying that when the... after closing, there is an assignment of the... there's generally an assignment of the mortgage within that six month period.
[25:36.160 --> 25:39.160]  But then after it's assigned, there's a second assignment.
[25:39.160 --> 25:41.160]  Is my understanding that right?
[25:41.160 --> 25:42.160]  Yes.
[25:42.160 --> 25:54.160]  For instance, in my case, the original lender assigned it to City Mortgage within 30 days.
[25:54.160 --> 25:59.160]  And within two days after that, City Mortgage assigned it to Fannie Mae.
[25:59.160 --> 26:03.160]  None of those were recorded.
[26:03.160 --> 26:13.160]  City Mortgage to Fannie Mae, the mortgage from the original lender to City Mortgage didn't get recorded.
[26:13.160 --> 26:21.160]  But because it was in that 90 days or six months, there's two different deadlines that mean two different things.
[26:21.160 --> 26:27.160]  But the six months, because it was within the six months, there was no requirement that it be recorded.
[26:27.160 --> 26:34.160]  But because they did not record it, their successor cannot record it.
[26:34.160 --> 26:37.160]  And it's like buyer beware.
[26:37.160 --> 26:50.160]  So once the first transfer went past 90 days, even if there was a second transfer in the interim, the first transfer avoided...
[26:50.160 --> 26:54.160]  the failure to file the first transfer avoided the instrument.
[26:54.160 --> 26:57.160]  It's impossible to assign it to anyone else, yes.
[26:57.160 --> 27:06.160]  Because the second transfer, if they came to try to assign, they would run into a code that I'm sure you have.
[27:06.160 --> 27:09.160]  I know we have one in Texas, 13.001.
[27:09.160 --> 27:22.160]  And it says that any document filed in the public record affecting real property by someone who is not named in the record as having authority to make the filing
[27:22.160 --> 27:25.160]  is presumed to be fraudulent.
[27:25.160 --> 27:29.160]  I'm sorry, that's 51901.
[27:29.160 --> 27:40.160]  Pennsylvania probably has a similar, or almost certainly has a similar statute that says that Joe Blow,
[27:40.160 --> 27:46.160]  who has nothing to do with the property, can't come down here and file a claim against it.
[27:46.160 --> 27:57.160]  Unless it's a verifiable material men's lien or mechanics lien.
[27:57.160 --> 28:06.160]  There has to be something, if somebody comes in and files a transfer to the instrument, there has to be something in there showing he can do that.
[28:06.160 --> 28:07.160]  Exactly.
[28:07.160 --> 28:18.160]  So if there was one in the interim, the original lender did not transfer, this is not a transfer from the original lender to the current holder,
[28:18.160 --> 28:25.160]  but transfer from an intermediate third party to the current holder who is not named in the record.
[28:25.160 --> 28:27.160]  And that gives the breaking title.
[28:27.160 --> 28:33.160]  I know I'm being a little pedantic here, but we want to make sure we got this right.
[28:33.160 --> 28:37.160]  I'm not sure where that one is, but they have two other ones that are interesting.
[28:37.160 --> 28:43.160]  One is the fraudulent destruction removal or concealment of recordable instruments.
[28:43.160 --> 28:45.160]  And the other one is...
[28:45.160 --> 28:47.160]  Wait a minute, wait a minute.
[28:47.160 --> 28:51.160] ...concealment.
[28:51.160 --> 28:52.160]  Concealment.
[28:52.160 --> 28:55.160]  That's got my attention.
[28:55.160 --> 29:12.160]  So, since the statute requires filing, does a holder who holds the instrument, who fails to file that under the statutory requirement,
[29:12.160 --> 29:17.160]  is he construed to be concealing the document?
[29:17.160 --> 29:19.160]  I would think so.
[29:19.160 --> 29:24.160]  And it's a felony in the third degree.
[29:24.160 --> 29:31.160]  Has there been any indication of intent to prosecute?
[29:31.160 --> 29:34.160]  Well...
[29:34.160 --> 29:36.160]  You might look at that.
[29:36.160 --> 29:38.160]  The clerk might look at that.
[29:38.160 --> 29:40.160]  She plays poker.
[29:40.160 --> 29:43.160]  That's a great poker chip.
[29:43.160 --> 29:45.160]  There's another one.
[29:45.160 --> 29:47.160]  Okay, hang on.
[29:47.160 --> 29:50.160]  That'll be our cliffhanger from when we come back from break.
[29:50.160 --> 29:54.160]  Randy Kelton there with Stevens, rule of our radio.
[29:54.160 --> 29:57.160]  Call in number 512-646-1984.
[29:57.160 --> 30:00.160]  We'll be right back.
[30:04.160 --> 30:06.160]  Attention air travelers.
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[33:57.160 --> 34:15.160]  Okay, we are back. Randy Kelton, Deborah Stevens, Roova Radio. We're talking to Leslie in Pennsylvania.
[34:15.160 --> 34:23.160]  But where were you, Leslie? We were talking about the Indian nation on the break, and I got distracted.
[34:23.160 --> 34:33.160]  Okay, under the criminal code, subsection 4411, we have tampering with public records for information.
[34:33.160 --> 34:38.160]  Now, it says here, A, offense defined, a person can just be offensive.
[34:38.160 --> 34:47.160]  He, one, knowingly makes a false entry in or false alteration of any record, document or thing belonging to,
[34:47.160 --> 34:56.160]  received by or kept by the government for information or record, or required by law to be kept by others for information of the government.
[34:56.160 --> 35:03.160]  Two, make, present... Oh, wait, wait, hold on. That was interesting.
[35:03.160 --> 35:25.160]  Required to be kept by the government or by an other who was required to keep it for the government. So that would go to company records that are required to be kept by statute.
[35:25.160 --> 35:27.160]  Right.
[35:27.160 --> 35:32.160]  That gives you a doorway into their private records.
[35:32.160 --> 35:34.160]  Yes.
[35:34.160 --> 35:37.160]  Okay, go ahead. I'm sorry.
[35:37.160 --> 35:43.160]  Makes, presents, or uses any record, document or thing, knowing it to be false,
[35:43.160 --> 35:51.160]  with the intent it to be taken as genuine part of information or records referred to in paragraph one, or...
[35:51.160 --> 35:58.160]  Okay, one quickly, knowing it to be false.
[35:58.160 --> 35:59.160]  Yes.
[35:59.160 --> 36:11.160]  We need that defined. What does that mean? Does it mean actual knowledge or imputed knowledge?
[36:11.160 --> 36:16.160]  Well, it doesn't give that distinction.
[36:16.160 --> 36:24.160]  Okay, it was a question I had. That's something that we certainly want to look at because they're going to say, oh, I didn't know.
[36:24.160 --> 36:34.160]  I'm just a clerk here. I didn't know this was fraudulent. That's a good... When you said that knowing it to be fraudulent, knowing it to be false,
[36:34.160 --> 36:42.160]  I could see that dodge coming quickly. That's looking, how do we avoid that? Go ahead. I keep interrupting you. I apologize.
[36:42.160 --> 36:59.160]  Three, intentionally or unlawfully destroys, conceals, removes, or otherwise impairs their veridity or availability of any such record, document or thing.
[36:59.160 --> 37:14.160]  And that goes right to your issue, impairs the availability of our tampering with a government document statute, which is almost identical to that.
[37:14.160 --> 37:15.160]  Yeah.
[37:15.160 --> 37:23.160]  So that one's kind of the catch-all, or it goes specifically to them not filing this document.
[37:23.160 --> 37:24.160]  Yeah.
[37:24.160 --> 37:39.160]  So apparently, is that the statute that makes it criminal, or is there one more specific in Pennsylvania law concerning real property records?
[37:39.160 --> 37:45.160]  It's 4103. The first one I read you, the felony of the third degree.
[37:45.160 --> 37:56.160]  With intent to deceive, he destroys or conceals, and he will do deed, mortgage, security, or other writing for which the law provides recording.
[37:56.160 --> 38:09.160]  Okay. That's how they get to... Since this is required to be filed by law and they don't file it, there's not a special statute for real property records filed with the counter recorder.
[38:09.160 --> 38:17.160]  But generally, they're required to make this filing, and when they don't make this filing, they breach this tampering with a government document statute.
[38:17.160 --> 38:18.160]  Is that the case?
[38:18.160 --> 38:19.160]  Yes.
[38:19.160 --> 38:21.160]  Okay. So there's not a separate special...
[38:21.160 --> 38:29.160]  There's two of them there, fraudulent concealment and then tampering with public records. Both of them are why.
[38:29.160 --> 38:36.160]  Good. That's better. That's a nice general statute that the courts should be real familiar with.
[38:36.160 --> 38:44.160]  And it's a felony. That absolutely should be filed. This is all politics.
[38:44.160 --> 39:03.160]  And if the banks see that they're being pursued criminally, that's going to make them a lot more willing to make the civil go away and maybe everything go away.
[39:03.160 --> 39:05.160]  Yeah.
[39:05.160 --> 39:09.160]  So, you know, in the end, everything's political.
[39:09.160 --> 39:14.160]  Absolutely. Got a question for you. Have a friend in Texas.
[39:14.160 --> 39:24.160]  And she asked me, she has been... She hasn't paid her mortgage for four years and 90 days.
[39:24.160 --> 39:29.160]  What is the best way to get her property into her own name?
[39:29.160 --> 39:34.160]  Okay. Hold on. Say that again. She hasn't been married.
[39:34.160 --> 39:41.160]  She hasn't paid her mortgage for four years and 90 days.
[39:41.160 --> 39:50.160]  And 90 days. Has the bank taken any action toward foreclosure?
[39:50.160 --> 39:59.160]  No. She got a letter from an attorney asking them to contact her, but it wasn't a certified letter. It wasn't a notice.
[39:59.160 --> 40:06.160]  It has to be... It's in Texas, so they would have to file a notice of intent.
[40:06.160 --> 40:16.160]  Okay. I started to say a notice of intent to foreclose. I think they would actually have to do the foreclosure sale.
[40:16.160 --> 40:25.160]  Because in Texas, it's non-judicial, so you don't have to take any kind of judicial action.
[40:25.160 --> 40:32.160]  What constitutes the action is the sale itself. That's the foreclosure.
[40:32.160 --> 40:34.160]  Yeah, but she's void.
[40:34.160 --> 40:35.160]  Okay. So...
[40:35.160 --> 40:38.160]  Pass the statute of limitations.
[40:38.160 --> 40:50.160]  Okay. Be careful because 90 days may not be enough, depending on how they construe things.
[40:50.160 --> 40:56.160]  When does the property actually go into default?
[40:56.160 --> 41:05.160]  And normally, I think it's around 60 or 90 days, and it may depend on the contract.
[41:05.160 --> 41:17.160]  But make sure there's not a provision. If the bank has done nothing, if you poke the bear close to the edge,
[41:17.160 --> 41:22.160]  the courts are likely to give the bear some slack.
[41:22.160 --> 41:34.160]  But if nothing's going on, do nothing, at least for another 90 to 120 days.
[41:34.160 --> 41:38.160]  Now they're well beyond.
[41:38.160 --> 41:39.160]  Okay.
[41:39.160 --> 41:50.160]  They can't reasonably claim the claim-excusable error, and then file a petition to quiet title.
[41:50.160 --> 41:52.160]  Oh, okay.
[41:52.160 --> 42:01.160]  See that they're showing that the security instrument became enforceable on this day.
[42:01.160 --> 42:16.160]  It has been over four years from this day, and no enforcement action has been taken. Therefore, the document is now void and unenforceable by latches.
[42:16.160 --> 42:17.160]  Okay.
[42:17.160 --> 42:22.160]  This goes to the term latches, out of time.
[42:22.160 --> 42:23.160]  Right.
[42:23.160 --> 42:27.160]  Yeah, I would do nothing yet.
[42:27.160 --> 42:36.160]  If the bear is not grumbling, don't poke the bear. Let the bear take as much time as it wants to to increase this gap.
[42:36.160 --> 42:41.160]  So the first peep out of them, you come back with quiet title.
[42:41.160 --> 42:43.160]  Okay.
[42:43.160 --> 42:55.160]  And have quiet title in hand ready. So when she gets the first letter, she takes the quiet title down and files it.
[42:55.160 --> 43:01.160]  And then go to the bank and say, let's make a deal.
[43:01.160 --> 43:05.160]  I used to not say, let's make a deal.
[43:05.160 --> 43:08.160]  But banks are corrupt.
[43:08.160 --> 43:14.160]  The judges courts are corrupt, especially here in North Texas.
[43:14.160 --> 43:25.160]  I have people from other parts of the country saying, we're getting really good results from the courts all over the United States, except North Texas.
[43:25.160 --> 43:35.160]  So if you're in North Texas, you don't want to depend on the federal courts. They have peer to have been bought and paid for.
[43:35.160 --> 43:43.160]  But you can beat them by forcing them to make a deal. It's all about the money.
[43:43.160 --> 43:46.160]  Do you have any more for us? Leslie, you want to hang on?
[43:46.160 --> 43:49.160]  No, that's it. Thank you very much.
[43:49.160 --> 43:52.160]  Okay. Thank you, Ms. Leslie. This is Randy Kelton.
[43:52.160 --> 43:58.160]  David Stevens, rule of law radio. Call it number 512-646-1984.
[43:58.160 --> 44:00.160]  We'll be right back.
[44:00.160 --> 44:18.160]  Hello, my name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by our store at 9204 Waterloo Street, Suite D, here in Austin, Texas, behind Brave New Books and Chase Bank, to see all our fantastic health and wellness products with your very own eyes.
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[45:13.160 --> 45:23.160]  More hours, step by step. If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
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[46:23.160 --> 46:41.160]  Okay, we are back. Randy Kelton, Debra Stevens, rule of law radio, and the phone lines are open. I had someone that was going to call in about an issue that was very interesting where she was in a divorce center.
[46:41.160 --> 46:52.160]  Her husband and sister-in-law sold off half the property to a house flipper, and the house flipper just took over the property.
[46:52.160 --> 46:59.160]  She didn't get back to me in time, and I didn't get the documentation in time, so we'll talk about that. Maybe she'll call in.
[46:59.160 --> 47:09.160]  I was going to talk about Governor Perry again. He seems to have dropped out of the news.
[47:09.160 --> 47:27.160]  A few weeks ago, I sent a document to his office and to his lawyers concerning the invalidity of the indictment, and this all goes to due process.
[47:27.160 --> 47:47.160]  I kind of wanted to talk about that, trying to get a little time to turn this presentation into either an amicus curia brief or a habeas corpus.
[47:47.160 --> 48:01.160]  I understand that Governor Perry filed a habeas, but the habeas only addressed the constitutionality of the statute itself the way it was applied to the governor.
[48:01.160 --> 48:16.160]  It did not address the invalidity of the way the indictment was secured, and I really don't care about Governor Perry.
[48:16.160 --> 48:26.160]  He is a politician after all. What I do care about is the tactic used to get the indictment.
[48:26.160 --> 48:40.160]  If you look in the statutes themselves, in order to get that indictment, the prosecuting attorney had to violate a number of laws,
[48:40.160 --> 48:53.160]  because the laws are very well constructed and we've had a couple of hundred years, actually about 700, 700 or 800 years,
[48:53.160 --> 49:03.160]  to really work out the laws to handle most of the problems that occur with human beings.
[49:03.160 --> 49:18.160]  We started out with essentially this body of law with the Magna Carta in 1216, and we've been building on that, taking away and building back and adjusting it for 800 years.
[49:18.160 --> 49:23.160]  So it's really well constructed. All these pieces fit together.
[49:23.160 --> 49:38.160]  So if you look at the codes, the problem with the indictment of Perry was in order to get an indictment, there are some hurdles you have to overcome.
[49:38.160 --> 49:53.160]  The primary hurdle is Chapter 16 of the Texas Code of Criminal Procedure titled, It's the Commitment or Release of the Accused.
[49:53.160 --> 49:57.160]  16.01, Examining Trial.
[49:57.160 --> 50:06.160]  And when the accused has been brought before a Magna Carta for an examining trial, that officer shall proceed to examining the truth of the accusation made.
[50:06.160 --> 50:13.160]  2.09, Who are Magistrates?
[50:13.160 --> 50:19.160]  And it starts with the Chief Justice of the Supreme and goes all the way down to municipal court judges.
[50:19.160 --> 50:23.160]  All judges are magistrates and mayors are magistrates.
[50:23.160 --> 50:29.160]  It also says recorders are magistrates, but I've never found out what a recorder is.
[50:29.160 --> 50:39.160]  With that said, 2.10 makes it the duty of the magistrate to keep the peace in the county using all legal means.
[50:39.160 --> 50:49.160]  2.11, When a Magistrate sits for the purpose of examining into a criminal accusation, that is an examining court.
[50:49.160 --> 51:00.160]  16.01, When the accused has been brought before a Magistrate for an examining trial, that officer shall proceed to examine into the truth of the accusation made.
[51:00.160 --> 51:14.160]  Allowing the accused, however, of sufficient time to procure counsel in a proper case, the Magistrate may appoint counsel to represent an accused in an examining trial only to be compensated as otherwise provided in this court.
[51:14.160 --> 51:28.160]  Then it says, The accused in any felony case shall have the right to an examining trial before indictment in the county having jurisdiction of the offense.
[51:28.160 --> 51:39.160]  Whether he be in custody or on bail at which time the Magistrate at the hearing shall determine the amount or sufficiency of bail if available case.
[51:39.160 --> 51:56.160]  This is really hard to misunderstand. The accused in a felony case shall have the right to an examining trial before indictment.
[51:56.160 --> 52:15.160]  Okay, we back up to chapter 19. Chapter 19 is the section on impaneling a grand jury. Very last statute in chapter 19 is 19.27.
[52:15.160 --> 52:27.160]  Any person may challenge. Before the grand jury has been impaneled, any person may challenge the array of jurors or any person presented as a grand juror.
[52:27.160 --> 52:33.160]  In no other way shall objections to the qualifications and legality of the grand jury be heard.
[52:33.160 --> 52:40.160]  Any person confined in jail in the county shall, upon his request, be brought into the court to make such a challenge.
[52:40.160 --> 52:58.160]  Now, how can you challenge and in a grand juror who's going to rule on a potential indictment if you have no idea that a grand jury is going to hear your case?
[52:58.160 --> 53:16.160]  Well, the statute serves constructed so that you will know if you're going to be presented to a grand jury because prior to that presentment, you have a right to an examining trial right here in the code.
[53:16.160 --> 53:26.160]  So if you go before a Magistrate and a Magistrate holds an examining trial and finds probable cause and releases you on bail and confines you to the jail,
[53:26.160 --> 53:33.160]  then you have really good reason to believe that you're likely to be presented to a grand jury for indictment.
[53:33.160 --> 53:43.160]  So when the grand jury is impaneled, you now have notice, you can go to examine the panel and raise objections to the panel.
[53:43.160 --> 53:50.160]  If the prosecutor bypasses this requirement, go straight to the grand jury, the way they did in the Perry case,
[53:50.160 --> 53:56.160]  then there's no way for you to exercise your right to challenge the panel.
[53:56.160 --> 54:01.160]  First thing, 2.01 code of criminal procedure.
[54:01.160 --> 54:22.160]  What it says is that the duties of district attorney, each district attorney shall represent state and all criminal cases in the district courts of his district and appeals therefrom except in cases where he has been before his election employed adversely.
[54:22.160 --> 54:41.160]  This is a salient part, the last couple sentences. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done.
[54:41.160 --> 54:50.160]  They shall not suppress facts or secret witnesses capable of establishing the innocence of the accused.
[54:50.160 --> 55:05.160]  It used to say, they changed it, it used to say, shall not secret facts or witnesses capable that will mitigate the guilt of the accused or show the innocence of the accused.
[55:05.160 --> 55:07.160]  They took out mitigate the guilt.
[55:07.160 --> 55:15.160]  In any case, facts, secret facts or witnesses capable of establishing the innocence of the accused.
[55:15.160 --> 55:33.160]  If the prosecuting attorney presents the complaint when he receives it to some magistrate, the way he's required to in 2.05 of the code of criminal procedure.
[55:33.160 --> 55:42.160]  If he receives a complaint and it is a misdemeanor, he's required to forward it to the county clerk.
[55:42.160 --> 55:51.160]  If it is a felony, he's required to present the complaint to some magistrate.
[55:51.160 --> 56:01.160]  Now, there is nothing in law that directs a complaint to a prosecuting attorney.
[56:01.160 --> 56:15.160]  However, if a prosecuting attorney is made known that a crime has been committed, he shall reduce complaint to an information and submit it to some magistrate.
[56:15.160 --> 56:22.160]  He's directed to give it to a magistrate if a police officer has knowledge that a crime has been committed.
[56:22.160 --> 56:29.160]  He is directed by Article 2.13 to present that complaint to some magistrate of the county.
[56:29.160 --> 56:35.160]  Everything directs the complaint to some magistrate.
[56:35.160 --> 56:42.160]  When the magistrate receives the complaint, he's to convene an examining trial.
[56:42.160 --> 56:56.160]  If the police officer wants to secure a warrant, in order to secure a warrant, he has to prepare a complaint, show probable cause, present that to some magistrate.
[56:56.160 --> 57:03.160]  The magistrate will hold an examining trial and issue the warrant if he finds probable cause.
[57:03.160 --> 57:06.160]  That's how it's supposed to be done.
[57:06.160 --> 57:17.160]  It is the magistrate that gives the original jurisdiction, but in order to hold an examining trial, they have to go through Chapter 16.
[57:17.160 --> 57:37.160]  In Chapter 16, one of the first things in 16.02, one of the first things it says is that a defendant has a right prior to the introduction of any evidence to make a statement to the court.
[57:37.160 --> 57:45.160]  Now, he's given all the warnings of what can happen to him, what that statement can be used for, but he has that right.
[57:45.160 --> 57:58.160]  And when you read 2.01, and it refers to facts or evidence, facts and witnesses, that's part of what it's referring to.
[57:58.160 --> 58:11.160]  So if the prosecutor bypasses that portion, then he gets to go to the grand jury and he doesn't have to give them any exculpatory evidence because he didn't create any.
[58:11.160 --> 58:16.160]  And he didn't create any because he violated law in going to the first place.
[58:16.160 --> 58:17.160]  Hang on.
[58:17.160 --> 58:21.160]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[58:21.160 --> 58:24.160]  We'll go into our talk of the hour break.
[58:24.160 --> 58:28.160]  We'll have our phone lines open all night if you have any questions or comments.
[58:28.160 --> 58:36.160]  And I'd sure like to hear some comments on what's going on with Governor Perry.
[58:36.160 --> 58:41.160]  It's not about Perry. It's about his opportunity to fix the system.
[58:41.160 --> 59:09.160]  So give us a call 512-646-1984. We'll be right back.
[59:09.160 --> 59:18.160]  First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[59:18.160 --> 59:28.160]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before.
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[01:00:03.160 --> 01:00:09.160]  This is the Liberty Beat, your daily source for Liberty News and activist updates online at thelibertybeat.com.
[01:00:09.160 --> 01:00:13.160]  I'm Brian Hagen with your Liberty Beat for Thursday, October 9, 2014.
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[01:03:26.160 --> 01:03:28.160]  How are we standing?
[01:03:56.160 --> 01:04:19.160]  Okay, we are back.
[01:04:19.160 --> 01:04:29.160]  And we're talking about indictment and how the indictment is brought.
[01:04:29.160 --> 01:04:44.160]  The way I read the code, there is nothing in the code that includes the prosecuting attorney in the process.
[01:04:44.160 --> 01:04:53.160]  Other than the prosecuting attorney may present to the grand jury as a matter of law.
[01:04:53.160 --> 01:05:04.160]  There's nothing in the code that authorizes a grand jury to bring a complaint to the intention of the grand jury.
[01:05:04.160 --> 01:05:08.160]  That's not how it's done by code.
[01:05:08.160 --> 01:05:17.160]  How it's done by code is a complaint is presented to some magistrate.
[01:05:17.160 --> 01:05:24.160]  And then the magistrate must hold an examining trial under chapter 16.
[01:05:24.160 --> 01:05:38.160]  And under chapter 16.17, the magistrate must issue an order, whether he binds the person for trial or releases him at his liberty, or demands him to the jail.
[01:05:38.160 --> 01:05:45.160]  And then if there is no warrant, then under 1620, he must issue a warrant.
[01:05:45.160 --> 01:05:48.160]  Now, where there can be a warrant?
[01:05:48.160 --> 01:05:52.160]  If there has been an examining trial where a warrant was issued.
[01:05:52.160 --> 01:06:05.160]  The warrant was necessarily issued ex parte because it's ex parte because if it wasn't ex parte wouldn't be any reason to issue a warrant to have the person arrested and brought before me.
[01:06:05.160 --> 01:06:13.160]  So once he's brought before the magistrate, then the magistrate holds a second examining trial.
[01:06:13.160 --> 01:06:15.160]  That's not ex parte.
[01:06:15.160 --> 01:06:35.160]  So both parties are present at this examining trial so that under chapter 16, the accused gets his rights, his right to make a statement, his right to counsel, all these other rights that he didn't have in the ex parte hearing because he wasn't there.
[01:06:35.160 --> 01:06:57.160]  But anyway, after that, 17.30, Texas go to criminal procedure, requires the magistrate after an examining trial to seal all documents had in the hearing, including the complaint, the witnesses of the statement of the accused and all other documents had in the hearing
[01:06:57.160 --> 01:07:11.160]  are to be sealed in an envelope and delivered, sealed up with his name written across the seal to the clerk of the court of jurisdiction.
[01:07:11.160 --> 01:07:36.160]  If it is a county court, if it's a misdemeanor, he's delivered to the county clerk. If it is a felony, he is to deliver it to the district clerk and 17.31 commands the district clerk to keep all those papers safe and deliver them up to the next grand jury.
[01:07:36.160 --> 01:07:44.160]  Where is the prosecutor included in this process?
[01:07:44.160 --> 01:07:50.160]  He is not. He's merely a lawyer representing the state.
[01:07:50.160 --> 01:07:54.160]  He's not a part of this process.
[01:07:54.160 --> 01:08:11.160]  He's a magistrate to clerk to grand jury. That's how it gets there. Complaint from a person, a police officer, a prosecutor presented to some magistrate, magistrate sends it to the clerk, the clerk sends it to the grand jury.
[01:08:11.160 --> 01:08:14.160]  That's how it gets there.
[01:08:14.160 --> 01:08:25.160]  In any case, and as with any case where a prosecutor wants to hammer somebody, he just bypasses all of this and goes straight to the grand jury.
[01:08:25.160 --> 01:08:34.160]  Well, he denies you right to present evidence in your behalf before any other evidence is given.
[01:08:34.160 --> 01:08:37.160]  You denied the right to that statement.
[01:08:37.160 --> 01:08:48.160]  You denied the right to challenge the grand jury panel, and you're denied the right to have any exculpatory evidence produced in the examining trial presented to the grand jury.
[01:08:48.160 --> 01:09:01.160]  And this is further supported by a prohibition under 20.22, presentment entered of record.
[01:09:01.160 --> 01:09:10.160]  The fact of the presentment of indictment by a grand jury shall be entered in the record of the court if the defendant is in custody or under bond.
[01:09:10.160 --> 01:09:18.160]  Notifying briefly the style of the criminal action, the file number of the indictment, and the defendant's name.
[01:09:18.160 --> 01:09:38.160]  The defendant is not in custody or under bond at the time of the presentment of indictment. The indictment may not be made public and the entry in the record of the court relating to the indictment must be delayed until the capious is served and the defendant is placed in custody or under bond.
[01:09:38.160 --> 01:09:47.160]  You cannot register the fact of an indictment with the court until the person has been arrested.
[01:09:47.160 --> 01:10:02.160]  And that's because as soon as he is arrested, he is according to 14.03 and 15.15, 1403 arrested without a warrant, 1505 with a warrant.
[01:10:02.160 --> 01:10:13.160]  He is to be, I'm sorry, 1406 and 15, 15, one of those in 15.
[01:10:13.160 --> 01:10:19.160]  Chapter 15 is arrest with a warrant. Chapter 14 is arrest without a warrant.
[01:10:19.160 --> 01:10:23.160]  Both of those statutes, with or without a warrant.
[01:10:23.160 --> 01:10:33.160]  A person is arrested, he is to be taken directly to the nearest magistrate, and the magistrate is to hold an examining trial.
[01:10:33.160 --> 01:10:42.160]  At the examining trial, the accused has the opportunity to present evidence in his behalf.
[01:10:42.160 --> 01:10:48.160]  That must be done before the indictment can be entered into the records of the court.
[01:10:48.160 --> 01:10:53.160]  So all of these statutes fit very well together.
[01:10:53.160 --> 01:11:05.160]  For the prosecuting attorney to go directly to the grand jury, there is no statutory authority to do that.
[01:11:05.160 --> 01:11:22.160]  And the only reason he would do that is so that he could apply undue influence to the grand jury to influence them improperly in order to secure an improper indictment.
[01:11:22.160 --> 01:11:25.160]  I hope that makes sense.
[01:11:25.160 --> 01:11:33.160]  Due process has been developed over a long time and these codes have been written and rewritten.
[01:11:33.160 --> 01:11:38.160]  The current code for at least the last 200 years.
[01:11:38.160 --> 01:11:51.160]  When Texas came into existence, it adopted a code that was essentially a uniform code, just like all of the states had, it adopted almost the same code.
[01:11:51.160 --> 01:12:00.160]  And in 1925, we very specifically adopted the current code.
[01:12:00.160 --> 01:12:10.160]  And all of the changes since 1925 are required not to substantially change the 1925 code.
[01:12:10.160 --> 01:12:16.160]  And that's because this is well put together.
[01:12:16.160 --> 01:12:26.160]  Over a couple hundred years, we've found the little problems that come up, problems you don't expect on the surface.
[01:12:26.160 --> 01:12:35.160]  We've ironed those out with consecutive legislatures.
[01:12:35.160 --> 01:12:47.160]  And we have of all the states that I've ever been to, we have absolutely the best corpus juris.
[01:12:47.160 --> 01:12:54.160]  The only problem is, is our public officials are not following it.
[01:12:54.160 --> 01:13:02.160]  And you hear the police complain a lot about the restrictions that the public is placing on the police.
[01:13:02.160 --> 01:13:05.160]  I was just reading one today.
[01:13:05.160 --> 01:13:21.160]  If you're subject to a traffic stop, if the policeman doesn't, it does not have a dash cam and is not recording the stop, he must make a report about the stop.
[01:13:21.160 --> 01:13:34.160]  He must tell why he stopped you, what his probable cause was, if he held you, how long he held you, if he didn't arrest you, that he released him and why he released him.
[01:13:34.160 --> 01:13:41.160]  And this particular set of statutes was to prevent racial profiling.
[01:13:41.160 --> 01:13:54.160]  And had the police carefully followed the code the way it was written, that particular statute would not have to be there.
[01:13:54.160 --> 01:14:02.160]  We had to put that in there because the police were not following the code the way they were required to.
[01:14:02.160 --> 01:14:23.160]  So we had to add a lot of restrictions on the police to keep them under control, where if instead of passing all of these new laws and sitting back waiting for someone to enforce the law the way we wrote them,
[01:14:23.160 --> 01:14:42.160]  if you and I as the masters of the servants acted like the masters of the servants, and every time one of our servants steps outside of one of our legal lines, we land on them like a ton of bricks, we wouldn't be having a lot of these problems.
[01:14:42.160 --> 01:14:47.160]  And if I sound critical of the police, I don't mean to.
[01:14:47.160 --> 01:15:03.160]  When you look at in a system, and everyone in the system is acting in a way that is ultimately unfair.
[01:15:03.160 --> 01:15:06.160]  You can't blame the individuals.
[01:15:06.160 --> 01:15:10.160]  There's something more systemic going on.
[01:15:10.160 --> 01:15:26.160]  And when we look at a criminal justice system that's out of control, we have to ask ourselves, who was it that was in the primary position to keep the criminal justice system under control?
[01:15:26.160 --> 01:15:32.160]  Was it one of the servants or was it the master?
[01:15:32.160 --> 01:15:58.160]  And our public servants naturally want as much control over their profession as they can get, so they will always be pushing to move the master out of the way so that the servant can do his job easier and more efficient in a way that's more convenient to the servant.
[01:15:58.160 --> 01:16:14.160]  And if you and I ask the masters if we don't stand in place and draw a line for them and do not let them pass that line, then when the system gets out of control, who are we to point a finger at?
[01:16:14.160 --> 01:16:19.160]  Whose duty and responsibility is this?
[01:16:19.160 --> 01:16:28.160]  We can't point a finger into this old story, you point a finger at someone, you got four more pointing back at yourself.
[01:16:28.160 --> 01:16:29.160]  That is the case.
[01:16:29.160 --> 01:16:32.160]  It's certainly the case here.
[01:16:32.160 --> 01:16:43.160]  And when we come back on the other side, I'm going to talk about how to do our job as the master.
[01:16:43.160 --> 01:16:52.160]  How we can fix this problem, it's easier than we would think, and our public officials aren't as difficult as we think they are.
[01:16:52.160 --> 01:16:54.160]  They've just been poorly trained.
[01:16:54.160 --> 01:16:55.160]  We'll be right back.
[01:16:55.160 --> 01:16:56.160]  Linda Kelton.
[01:16:56.160 --> 01:17:22.160]  Debra Sheevan, Jules R. Radio, we'll be right back.
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[01:19:25.160 --> 01:19:38.160]  Okay, we are back.
[01:19:38.160 --> 01:19:47.160]  We're talking about how the indictment process is supposed to work.
[01:19:47.160 --> 01:19:53.160]  This is an issue I've addressed before in the Tom DeLay case.
[01:19:53.160 --> 01:19:57.160]  And the Tom DeLay case should be a good example.
[01:19:57.160 --> 01:20:01.160]  I've realized what's going on with Perry.
[01:20:01.160 --> 01:20:04.160]  He has nothing to do with law.
[01:20:04.160 --> 01:20:06.160]  This is all politics.
[01:20:06.160 --> 01:20:15.160]  And that's why when I gave this presentation, I just gave you to Perry's lawyers.
[01:20:15.160 --> 01:20:19.160]  As far as we can tell, nothing was done.
[01:20:19.160 --> 01:20:22.160]  And it raises the question.
[01:20:22.160 --> 01:20:25.160]  Perry's been indicted.
[01:20:25.160 --> 01:20:27.160]  And he's a high-level public official.
[01:20:27.160 --> 01:20:30.160]  This is a big deal for him.
[01:20:30.160 --> 01:20:39.160]  And I demonstrate to him statutorily and specifically how the document, how the indictment was improper.
[01:20:39.160 --> 01:20:45.160]  But he takes no action to correct the problem.
[01:20:45.160 --> 01:20:47.160]  Tom DeLay.
[01:20:47.160 --> 01:20:53.160]  I filed a habeas corpus in the Tom DeLay case early on.
[01:20:53.160 --> 01:21:01.160]  And because there was no criminal accusation in the Tom DeLay case, and I suspect there's not one in the Perry case either.
[01:21:01.160 --> 01:21:11.160]  And when I filed it, I got a call from Tom DeLay's lawyer, Dick DeGaron.
[01:21:11.160 --> 01:21:17.160]  And he asked me if I was the one to file a habeas corpus and I told him yes it was.
[01:21:17.160 --> 01:21:22.160]  He said he was the attorney of record and he didn't authorize it.
[01:21:22.160 --> 01:21:29.160]  And I told him that the filing of a habeas corpus was the right of every citizen.
[01:21:29.160 --> 01:21:32.160]  So I didn't care if he liked it or not.
[01:21:32.160 --> 01:21:34.160]  I didn't need his permission.
[01:21:34.160 --> 01:21:38.160]  And besides, you're the one that should have filed it.
[01:21:38.160 --> 01:21:43.160]  There's no action on the fact that nobody ever accused Tom DeLay of committing a crime.
[01:21:43.160 --> 01:21:45.160]  There's no complaint in there.
[01:21:45.160 --> 01:21:52.160]  And if you go back to the code, that's how the state gets jurisdiction.
[01:21:52.160 --> 01:21:57.160]  There must be a criminal accusation filed by some citizen.
[01:21:57.160 --> 01:22:02.160]  And it's a citizen, not a public official.
[01:22:02.160 --> 01:22:05.160]  Now the person can be a public official.
[01:22:05.160 --> 01:22:09.160]  If he files a complaint, he does that in his capacity as a citizen,
[01:22:09.160 --> 01:22:13.160]  not as a public official, even a police officer.
[01:22:13.160 --> 01:22:19.160]  The police officer files a complaint in his private capacity as a citizen.
[01:22:19.160 --> 01:22:25.160]  And he's to give it to some magistrate and the magistrate told an examining trial.
[01:22:25.160 --> 01:22:31.160]  Well, in Tom DeLay's case, there was no complaint.
[01:22:31.160 --> 01:22:34.160]  Nobody ever accused him of a crime.
[01:22:34.160 --> 01:22:36.160]  So how can he be faced by his accuser?
[01:22:36.160 --> 01:22:38.160]  He don't have one.
[01:22:38.160 --> 01:22:42.160]  Prosecutor went straight to the grand jury and got this indictment.
[01:22:42.160 --> 01:22:44.160]  And there never was a complaint against him.
[01:22:44.160 --> 01:22:48.160]  Well, raises another question.
[01:22:48.160 --> 01:22:54.160]  At the trial, when they were getting ready to pick the jury,
[01:22:54.160 --> 01:23:02.160]  I went into the court and put the habeas corpus in Tom DeLay's hand itself.
[01:23:02.160 --> 01:23:04.160]  It never brought it up.
[01:23:04.160 --> 01:23:10.160]  After lunch, they went out for lunch, came pick the jury, went out for lunch, came back.
[01:23:10.160 --> 01:23:14.160]  And the judge is talking to the grand jury and I stood up in the courtroom and said,
[01:23:14.160 --> 01:23:16.160]  Your Honor, my name is Randall Kelton.
[01:23:16.160 --> 01:23:18.160]  I have business with this court, the Super City Business.
[01:23:18.160 --> 01:23:22.160]  Now before this court, he said, you're the one with the habeas.
[01:23:22.160 --> 01:23:24.160]  Yes, I am.
[01:23:24.160 --> 01:23:28.160]  And he promptly threw me out of the courtroom.
[01:23:28.160 --> 01:23:32.160]  They went on to prosecute Tom DeLay.
[01:23:32.160 --> 01:23:39.160]  The court of appeals throughout the prosecution, they didn't reverse the decision.
[01:23:39.160 --> 01:23:43.160]  They dismissed the case for lack of evidence.
[01:23:43.160 --> 01:23:47.160]  And the Supreme Court just upheld the reversal.
[01:23:47.160 --> 01:23:52.160]  So what happened to the habeas?
[01:23:52.160 --> 01:24:04.160]  Why didn't Tom DeLay insist that his lawyer present and demand a ruling on the habeas?
[01:24:04.160 --> 01:24:08.160]  What was going on here?
[01:24:08.160 --> 01:24:12.160]  Clearly, something else was going on.
[01:24:12.160 --> 01:24:14.160]  This was all political.
[01:24:14.160 --> 01:24:19.160]  Governor Perry, clearly something else is going on.
[01:24:19.160 --> 01:24:28.160]  But Governor Perry of all people has a duty to you and I, regardless of his political position.
[01:24:28.160 --> 01:24:35.160]  He has a duty to insist that all of our public officials follow law.
[01:24:35.160 --> 01:24:44.160]  And in his case, especially he has standing to raise this issue and force them to do it the way the code commands them to do it.
[01:24:44.160 --> 01:24:46.160]  Failing to do that.
[01:24:46.160 --> 01:24:53.160]  It gives us all at risk of this kind of abusive behavior by prosecuting attorneys in the future.
[01:24:53.160 --> 01:25:05.160]  So I'm a little annoyed with Perry for not being a man standing up and making these people do it right.
[01:25:05.160 --> 01:25:08.160]  I suspect that this is all politics.
[01:25:08.160 --> 01:25:14.160]  This was actually instigated by two Republican judges, as I understand.
[01:25:14.160 --> 01:25:22.160]  I get the impression the Republican party did not want Perry to run and he defied the party they used this to punish him with.
[01:25:22.160 --> 01:25:24.160]  So it has nothing to do with prosecution.
[01:25:24.160 --> 01:25:28.160]  It's just political assassination.
[01:25:28.160 --> 01:25:37.160]  But anyway, beyond that, if the governor is not going to do it, the Speaker of the House is not going to do it.
[01:25:37.160 --> 01:25:41.160]  You and I will have to do it.
[01:25:41.160 --> 01:25:46.160]  And it's not new as difficult as it seems.
[01:25:46.160 --> 01:25:52.160]  It takes a little bit to learn the code, but you don't have to be a lawyer.
[01:25:52.160 --> 01:25:57.160]  You only need to learn the code that relates to your particular issue.
[01:25:57.160 --> 01:26:02.160]  And I'm working on a project to develop that.
[01:26:02.160 --> 01:26:13.160]  It's pretty close and I got sidetracked on a separate business that I'm putting together to kind of finance and have to get some dollar flow to get this thing done.
[01:26:13.160 --> 01:26:16.160]  And I'll have this business up and working here shortly.
[01:26:16.160 --> 01:26:29.160]  And then I'll be back to the electronic lawyer, which will give you a way through a questionnaire to find all of the legal issues that apply to your particular case.
[01:26:29.160 --> 01:26:33.160]  You don't need to know the whole code.
[01:26:33.160 --> 01:26:38.160]  You only need to know those codes that apply to your particular circumstance.
[01:26:38.160 --> 01:26:45.160]  And I know you listen to this show and you hear me burping out this one code after another.
[01:26:45.160 --> 01:26:53.160]  Well, what I did today, I've got the document in front of me and I'm walking down the document.
[01:26:53.160 --> 01:26:55.160]  I don't have all this memorized.
[01:26:55.160 --> 01:27:03.160]  Now, after I've presented this three or four or five times, I'll pretty well have it down.
[01:27:03.160 --> 01:27:11.160]  But so when you hear me doing this, you think, Holy Jiminy, this guy's got the whole code memorized.
[01:27:11.160 --> 01:27:14.160]  I don't have any such thing.
[01:27:14.160 --> 01:27:19.160]  There are a few places that are really important in the code.
[01:27:19.160 --> 01:27:28.160]  The few sets of issues that keep coming up over and over and over in most every case I look at.
[01:27:28.160 --> 01:27:30.160]  So yeah, you kind of get to know those.
[01:27:30.160 --> 01:27:40.160]  If you have your own case and you look at it and study it, you'll find the same issues keep coming up over and over.
[01:27:40.160 --> 01:27:43.160]  It won't take you long to get it down.
[01:27:43.160 --> 01:27:48.160]  If you will sit down with the penal code and just read through it.
[01:27:48.160 --> 01:27:51.160]  Don't try to understand everything it says.
[01:27:51.160 --> 01:27:54.160]  Don't even worry about it. Just read it.
[01:27:54.160 --> 01:28:07.160]  The first reading, you're just reading it into your inner mind so that your inner mind can begin to do what we call referential index.
[01:28:07.160 --> 01:28:16.160]  It can start indexing these different pieces of information because you started to begin and you don't have anything to refer to.
[01:28:16.160 --> 01:28:28.160]  And you start reading through these codes and you see how as you move down the codes, they reflect back to the front and the pieces begin to fit together.
[01:28:28.160 --> 01:28:37.160]  If you try to understand everything in the front, you won't get it because a lot of what's in the front actually refers to stuff where they're back.
[01:28:37.160 --> 01:28:45.160]  So when you get to the part in the back, if you pay attention, you begin to realize how it reflects back to the front.
[01:28:45.160 --> 01:28:48.160]  Just read it through. Don't try to understand it. Just read it.
[01:28:48.160 --> 01:29:00.160]  It's a lot smaller than you think because it's outlined so there's a lot of white space and there's a lot of the really technical stuff you won't care about.
[01:29:00.160 --> 01:29:04.160]  So read it through. Go back and read it through a second time.
[01:29:04.160 --> 01:29:12.160]  You do that. You will know the code better than most. Any lawyer out there.
[01:29:12.160 --> 01:29:19.160]  I was sitting in front of a prosecutor and he warned me, Mr. Kelton, you really have to be careful about the legal practice of law.
[01:29:19.160 --> 01:29:21.160]  And I said, I don't have to worry about that.
[01:29:21.160 --> 01:29:30.160]  That only goes to holding yourself out as a lawyer or representing someone in a personal injury or property damage suit.
[01:29:30.160 --> 01:29:35.160]  He said, are you sure about that? I said, I'm sure. Go read 38.123.
[01:29:35.160 --> 01:29:42.160]  The code, he read it and he said, he went and read it and he said, Mr. Kelton, you're right.
[01:29:42.160 --> 01:29:47.160]  And I said, correct. You ought to be ashamed of yourself having to look that up.
[01:29:47.160 --> 01:29:53.160]  I'll finish this on the other side, but I'll give you an indication of why reading the code is so important.
[01:29:53.160 --> 01:29:57.160]  Randy Kelton, David Stevens, we'll be right back.
[01:29:57.160 --> 01:30:07.160]  This fruit is a favorite on American breakfast tables, but not if you're on prescription medication.
[01:30:07.160 --> 01:30:11.160]  Eating it can trigger serious side effects and even death.
[01:30:11.160 --> 01:30:16.160]  I'm Dr. Catherine Albrecht. Back to identify this potentially lethal fruit. Next.
[01:30:16.160 --> 01:30:22.160]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
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[01:30:27.160 --> 01:30:33.160]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:33.160 --> 01:30:38.160]  Privacy, it's worth hanging on to. This message is brought to you by StartPage.com,
[01:30:38.160 --> 01:30:45.160]  the private search engine alternative to Google, Yahoo and Bing. Start over with StartPage.
[01:30:45.160 --> 01:30:50.160]  When you think of a healthy breakfast, oatmeal, yogurt and grapefruit often come to mind,
[01:30:50.160 --> 01:30:56.160]  but Canadian researchers now say grapefruit can be dangerous for people on certain prescription medications,
[01:30:56.160 --> 01:31:01.160]  especially the elderly. When combined with antihistamines or blood pressure medication,
[01:31:01.160 --> 01:31:08.160]  grapefruit can lead to kidney failure, respiratory problems, intestinal bleeding and even death.
[01:31:08.160 --> 01:31:13.160]  And ingredient in the fruit blocks an enzyme in the digestive system that breaks down drugs.
[01:31:13.160 --> 01:31:18.160]  When that happens, more of the drugs get into the bloodstream, sometimes at toxic levels.
[01:31:18.160 --> 01:31:23.160]  So if you're on medications, check with your doctor before biting into that grapefruit.
[01:31:23.160 --> 01:31:25.160]  It just might save your life.
[01:31:25.160 --> 01:31:30.160]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.160 --> 01:31:36.160]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.160 --> 01:31:38.160]  The government says that fire brought it down.
[01:31:38.160 --> 01:31:43.160]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.160 --> 01:31:49.160]  Over 6,000 of my fellow service members have given their lives.
[01:31:49.160 --> 01:31:51.160]  I'm not a conspiracy theorist.
[01:31:51.160 --> 01:31:52.160]  I'm a structural engineer.
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[01:31:54.160 --> 01:31:55.160]  I'm a father who lost his son.
[01:31:55.160 --> 01:31:58.160]  We are Americans and we deserve the truth.
[01:31:58.160 --> 01:32:01.160]  Go to RememberBuilding7.org today.
[01:32:01.160 --> 01:32:05.160]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:05.160 --> 01:32:07.160]  Hey, listen to me.
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[01:32:12.160 --> 01:32:13.160]  Do you remember that?
[01:32:13.160 --> 01:32:14.160]  Yes.
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[01:32:25.160 --> 01:32:28.160]  You'll be in a better mood and you'll find more drive in your romantic life.
[01:32:28.160 --> 01:32:29.160]  Really?
[01:32:29.160 --> 01:32:32.160]  I got to try iodine now and feel good again.
[01:32:32.160 --> 01:32:36.160]  It also protects you from radiation, heavy metals, fluoride, chlorine and bromine,
[01:32:36.160 --> 01:32:38.160]  including cancer and most major diseases.
[01:32:38.160 --> 01:32:39.160]  You'll be amazed.
[01:32:39.160 --> 01:32:41.160]  You can be your own doctor.
[01:32:41.160 --> 01:32:44.160]  I want to keep you out of the hospital and off pharmaceuticals.
[01:32:44.160 --> 01:32:45.160]  Wow.
[01:32:45.160 --> 01:32:47.160]  Why are you so nice to me?
[01:32:47.160 --> 01:32:48.160]  Because I'm you.
[01:32:48.160 --> 01:33:13.160]  You are listening to the Logos Radio Network.
[01:33:13.160 --> 01:33:34.160]  Okay, we are back.
[01:33:34.160 --> 01:33:40.160]  Randy Kelton and Deborah Stevens were on radio and I was talking about reading the code.
[01:33:40.160 --> 01:33:47.160]  It's really not new as hard as it appears and it is very fulfilling.
[01:33:47.160 --> 01:33:56.160]  You read the code and it'll read like a comic book because you'll see all of this cool stuff
[01:33:56.160 --> 01:34:01.160]  you can beat them up with and when I read it, I get tickled every time I read it.
[01:34:01.160 --> 01:34:03.160]  I said, I don't believe I found this.
[01:34:03.160 --> 01:34:05.160]  Look what I'm going to get to beat them up with.
[01:34:05.160 --> 01:34:11.160]  I just found something in the code on racial profiling today and I had never really seen
[01:34:11.160 --> 01:34:12.160]  it before.
[01:34:12.160 --> 01:34:18.160]  I think it's Chapter 1231 or something in the code of criminal procedure.
[01:34:18.160 --> 01:34:24.160]  I just kind of stumbled over it and it was incredible.
[01:34:24.160 --> 01:34:34.160]  You get to go in and ask the police officer for the report that he submitted to his superiors
[01:34:34.160 --> 01:34:37.160]  concerning the traffic stop.
[01:34:37.160 --> 01:34:43.160]  It requires it for every single traffic stop.
[01:34:43.160 --> 01:34:45.160]  I get to hammer him with that.
[01:34:45.160 --> 01:34:46.160]  You have great fun with it.
[01:34:46.160 --> 01:34:49.160]  But anyway, you read it through.
[01:34:49.160 --> 01:34:58.160]  What happened to my county attorney is when he had to look up 38.123, the illegal practice
[01:34:58.160 --> 01:35:01.160]  of law, he said, Mr. Kelton, you're right.
[01:35:01.160 --> 01:35:02.160]  I said, Greg.
[01:35:02.160 --> 01:35:06.160]  You ought to be ashamed of yourself having to look that up.
[01:35:06.160 --> 01:35:09.160]  When was the last time you read the code of criminal procedure?
[01:35:09.160 --> 01:35:13.160]  And he said, well, I don't know that I've ever read the whole thing.
[01:35:13.160 --> 01:35:16.160]  Greg, you ought to be ashamed of yourself.
[01:35:16.160 --> 01:35:23.160]  He said, Mr. Kelton, I don't know any attorney who's read the whole thing.
[01:35:23.160 --> 01:35:25.160]  I said, that's pitiful.
[01:35:25.160 --> 01:35:28.160]  And he said, yeah, as a matter of fact, it is.
[01:35:28.160 --> 01:35:37.160]  So if you've read it twice, when you read it the second time, you've read it to the
[01:35:37.160 --> 01:35:38.160]  end.
[01:35:38.160 --> 01:35:44.160]  So now when you read all of this in the front, it will be clear to you how it attaches to
[01:35:44.160 --> 01:35:48.160]  those codes in the middle and toward the back.
[01:35:48.160 --> 01:35:56.160]  And you'll get a general understanding of how the code stitches itself together.
[01:35:56.160 --> 01:35:59.160]  It is a general rule.
[01:35:59.160 --> 01:36:08.160]  If something seems like it is wrong and it should be covered by the code, it almost certainly
[01:36:08.160 --> 01:36:09.160]  is.
[01:36:09.160 --> 01:36:12.160]  It's just a matter of finding it.
[01:36:12.160 --> 01:36:20.160]  And if you've read the code twice, you'll almost know exactly where it is.
[01:36:20.160 --> 01:36:25.160]  You'll just kind of intuitively know where to go look for it.
[01:36:25.160 --> 01:36:28.160]  You have to have it all memorized.
[01:36:28.160 --> 01:36:35.160]  You just have to have a general familiarity with where certain kinds of things are covered.
[01:36:35.160 --> 01:36:38.160]  And two readings would get that done.
[01:36:38.160 --> 01:36:43.160]  And then you'll know the code better than any lawyer you walk in the court with.
[01:36:43.160 --> 01:36:49.160]  And I can tell you from experience, it really drives them up the wall when you know the
[01:36:49.160 --> 01:36:54.160]  code better than they do and stuff it right down their throats.
[01:36:54.160 --> 01:37:01.160]  Now, I don't suggest that we fight with our public officials.
[01:37:01.160 --> 01:37:05.160]  You know, we do the show in legal reform.
[01:37:05.160 --> 01:37:15.160]  And we get a lot of people who are oriented toward fighting this injustice.
[01:37:15.160 --> 01:37:22.160]  And thinking of it that way may be a mistake.
[01:37:22.160 --> 01:37:28.160]  We think of fighting against the bad things these public officials are doing.
[01:37:28.160 --> 01:37:36.160]  And I'm trying very hard to adjust the way we think about those things.
[01:37:36.160 --> 01:37:46.160]  In having done this actively for a long time, I've come to some realizations that fighting
[01:37:46.160 --> 01:37:51.160]  the system is a really, really bad strategy.
[01:37:51.160 --> 01:37:59.160]  You know, if you own a company and you're the CEO of the company and one of your low-level
[01:37:59.160 --> 01:38:07.160]  employees does something improper or that's not in keeping with company policy,
[01:38:07.160 --> 01:38:14.160]  do you think about going down there and fighting that issue and getting it fixed?
[01:38:14.160 --> 01:38:23.160]  Yeah, you're a boss. You go to the people who are supposed to be managing that person.
[01:38:23.160 --> 01:38:27.160]  And you chew them out.
[01:38:27.160 --> 01:38:33.160]  And then those people go handle the thing they were supposed to handle in the first place.
[01:38:33.160 --> 01:38:43.160]  There is not a single police officer that is working for any police agency in the state of Texas that I hired.
[01:38:43.160 --> 01:38:46.160]  Not a one.
[01:38:46.160 --> 01:38:59.160]  But as the citizen in a republic, I hired all of the top officials through my vote.
[01:38:59.160 --> 01:39:05.160]  And the director of the department of public safety, he works for me.
[01:39:05.160 --> 01:39:09.160]  Everybody else works for him.
[01:39:09.160 --> 01:39:15.160]  The director, chief of police, actually the chief of police works for the mayor.
[01:39:15.160 --> 01:39:18.160]  The mayor works for me.
[01:39:18.160 --> 01:39:29.160]  So if I have a problem with chief of police or with a police officer, the place for me to go is the mayor.
[01:39:29.160 --> 01:39:32.160]  I am the sovereign, the master.
[01:39:32.160 --> 01:39:35.160]  They are all the servants.
[01:39:35.160 --> 01:39:41.160]  They go to the head servant and have him handle those people down below him.
[01:39:41.160 --> 01:39:46.160]  I assure you this works very well.
[01:39:46.160 --> 01:39:54.160]  And thinking in terms of not fighting with them, but directing them, changes everything.
[01:39:54.160 --> 01:40:02.160]  When I go in at the bottom level, I'm thinking of Ken's fourth rule.
[01:40:02.160 --> 01:40:06.160]  First rule is perception is everything.
[01:40:06.160 --> 01:40:12.160]  Second rule, everything is political.
[01:40:12.160 --> 01:40:16.160]  Ah, let's see, I keep losing one of those rules all the time.
[01:40:16.160 --> 01:40:19.160]  Perceptions, everything, everything is political.
[01:40:19.160 --> 01:40:22.160]  A third rule is everything is negotiable.
[01:40:22.160 --> 01:40:28.160]  And the fourth rule, document, document, document.
[01:40:28.160 --> 01:40:37.160]  When I go to the head guy, I'm going to be able to go to him and say, here's what's wrong.
[01:40:37.160 --> 01:40:41.160]  Here are all of the steps I went through to document what's wrong.
[01:40:41.160 --> 01:40:46.160]  I went to the JP's office and asked to see some records.
[01:40:46.160 --> 01:40:52.160]  The JP came out and told me I couldn't see those records because I was a security risk.
[01:40:52.160 --> 01:40:58.160]  Jackal and Wright, Justice of the Peace, Lake Worth, Texas.
[01:40:58.160 --> 01:41:03.160]  Bailey was standing there. I asked the bailiffs to arrest Jackal and Wright.
[01:41:03.160 --> 01:41:07.160]  And he said, I can't arrest her. This is her courtroom.
[01:41:07.160 --> 01:41:12.160]  I said, Mr. Bailey, if you are mistaken, this is not her courtroom.
[01:41:12.160 --> 01:41:14.160]  This is my courtroom.
[01:41:14.160 --> 01:41:18.160]  And I very generously allow her to administer it according to my law.
[01:41:18.160 --> 01:41:21.160]  And she breached one of those laws to arrest her.
[01:41:21.160 --> 01:41:25.160]  Well, I'm not going to arrest the Justice of the Peace.
[01:41:25.160 --> 01:41:27.160]  I said, but I can take you down to my boss.
[01:41:27.160 --> 01:41:29.160]  I said, that'll work. He takes me to the head constable.
[01:41:29.160 --> 01:41:38.160]  I asked the head constable to arrest the bailiff because the bailiff refused to perform a duty he was required to perform.
[01:41:38.160 --> 01:41:44.160]  He witnessed the Justice of the Peace, a violated law relating to her office.
[01:41:44.160 --> 01:41:55.160]  By exerting or purporting to exerting authority she didn't expressly have, and everybody should have that statute memorized, 39.03, it is to catch all.
[01:41:55.160 --> 01:42:03.160]  Exerting an authority she didn't have and in the process denied me the full and free access to her enjoyment rights class, a Mr. Reader in Texas arrested her.
[01:42:03.160 --> 01:42:08.160]  He refused to perform his duty, shielded her from prosecution, 38.05 Pila Code.
[01:42:08.160 --> 01:42:13.160]  And denied me in my right to the Equal Protection's Laws, 39.03 Pila Code.
[01:42:13.160 --> 01:42:15.160]  So I got two against him.
[01:42:15.160 --> 01:42:18.160]  I go to the constable, he refuses to act.
[01:42:18.160 --> 01:42:23.160]  He shields this person from prosecution, denies me in my rights.
[01:42:23.160 --> 01:42:32.160]  So when the constable refused, I went across the Sheriff's Department, and while I'm waiting for a Sheriff's Deputy, the constable came over.
[01:42:32.160 --> 01:42:37.160]  And he said, Mr. Kelton, if you want me to, I'll present this to the District Attorney.
[01:42:37.160 --> 01:42:44.160]  Oh, no, no, no, no, don't, don't, don't do that. I'll get to the District Attorney.
[01:42:44.160 --> 01:42:50.160]  But I don't have, nobody, I haven't had everybody touch my tar baby yet.
[01:42:50.160 --> 01:42:54.160]  And he said, you're what? So I got this little imaginary tar baby.
[01:42:54.160 --> 01:42:59.160]  And before I go to the District Attorney, I need everybody to touch it.
[01:42:59.160 --> 01:43:08.160]  I got the JP to touch it, and I got your bailiff to touch it, and you touched it. Now I need the Sheriff's Department to touch it.
[01:43:08.160 --> 01:43:12.160]  And then I'll go see if I can get the District Attorney to touch it.
[01:43:12.160 --> 01:43:23.160]  And he just stood there looking at me, and I could tell he was thinking, could I really get away with it if I pulled my pistol and shoot this guy?
[01:43:23.160 --> 01:43:31.160]  And the Sheriff showed up, and I immediately asked the Sheriff to arrest the constable.
[01:43:31.160 --> 01:43:37.160]  That is very, very powerful.
[01:43:37.160 --> 01:43:49.160]  I assure you, that constable is never going to forget the experience of me asking the Sheriff to arrest him because he wouldn't arrest his deputy.
[01:43:49.160 --> 01:43:55.160]  And they never could get me angry. I never would get some legal advice.
[01:43:55.160 --> 01:44:00.160]  I just walked in and sent him up. I'll be right back.
[01:44:00.160 --> 01:44:04.160]  You feel tired when talking about important topics like money and politics?
[01:44:04.160 --> 01:44:05.160]  Sorry.
[01:44:05.160 --> 01:44:08.160]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:08.160 --> 01:44:09.160]  What?
[01:44:09.160 --> 01:44:13.160]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:13.160 --> 01:44:19.160]  Why? My name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:44:19.160 --> 01:44:25.160]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[01:44:25.160 --> 01:44:30.160]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[01:44:30.160 --> 01:44:36.160]  The staff at Brave New Books have helped me and thousands of other foxaholics suffering from sport-zombieism recover.
[01:44:36.160 --> 01:44:43.160]  And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested.
[01:44:43.160 --> 01:44:55.160]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them at 1904 Guadalupe or bravenewbookstore.com.
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[01:45:01.160 --> 01:45:04.160]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.160 --> 01:46:33.160]  Okay, we are back. Randy Kelton, Deborah Stevens, rule of law radio.
[01:46:33.160 --> 01:46:48.160]  And I know I may be sounding a little pedantic, but if we do this right, we can have a very powerful influence on our officials.
[01:46:48.160 --> 01:47:00.160]  And I'm trying to construct a metaphor, a story, a different way of holding our minds when we deal with our public officials.
[01:47:00.160 --> 01:47:15.160]  If you go to a public official and you invoke the official's duty, you go with the expectation that the official will do his duty.
[01:47:15.160 --> 01:47:34.160]  And when he doesn't do his duty, we tend to feel betrayed and it's kind of frightening when we realize that our public officials are out of control.
[01:47:34.160 --> 01:47:49.160]  So it tends to put us off our game. It puts us in a situation where we're not experienced and handling.
[01:47:49.160 --> 01:48:01.160]  So when we're in a situation we're not experienced and handling, we tend to go back on old patterns that we've learned at another time.
[01:48:01.160 --> 01:48:08.160]  And those old patterns tend to be less sophisticated, much more simplistic.
[01:48:08.160 --> 01:48:25.160]  And in this case, the go-to behavior is to say, I have my rights, you have a duty to do this, that and the other, blah, blah, blah.
[01:48:25.160 --> 01:48:37.160]  Well, these public officials hear that all the time and they're very adept at dealing with people who do those things because they do it a lot.
[01:48:37.160 --> 01:48:44.160]  They've had a lot of practice. They are very good at confrontation.
[01:48:44.160 --> 01:48:52.160]  So if you're dealing with public officials, above all, avoid confrontation.
[01:48:52.160 --> 01:49:02.160]  Now, that's easy to say, but it's a lot easier to say it than to do it. So I have a strategy.
[01:49:02.160 --> 01:49:09.160]  Think of your public officials as your servants and that is exactly what they are.
[01:49:09.160 --> 01:49:15.160]  And think of yourself not as a sovereign, but as the master.
[01:49:15.160 --> 01:49:33.160]  They're the servant, you're the master. And as the servant, they are required to do what you as the master along with the other masters have laid down for them to do.
[01:49:33.160 --> 01:49:43.160]  And when they fail to do it, you are not their manager or supervisor. You have people in place for that.
[01:49:43.160 --> 01:49:54.160]  So if you have a complaint or an issue, you take it to the people you put in place to control these officials.
[01:49:54.160 --> 01:50:06.160]  When you do that, when an official is required to do something that you've requested that they do and they fail to do it and you don't argue with them,
[01:50:06.160 --> 01:50:19.160]  you just go to the next step, like take out your cell phone and dial 911. That works really, really well.
[01:50:19.160 --> 01:50:25.160]  And psychology, we call that a pattern interruption.
[01:50:25.160 --> 01:50:37.160]  You want to give the officials a response that they're not accustomed to. That's what they're trying to do to you.
[01:50:37.160 --> 01:50:43.160]  They're trying to do a pattern interruption. They're trying to take you out of your comfort zone.
[01:50:43.160 --> 01:50:48.160]  Make it so that you don't have a good, eloquent set of responses.
[01:50:48.160 --> 01:50:55.160]  That way they can get you to do something dumb that they can use against you. And they have some key words.
[01:50:55.160 --> 01:51:00.160]  And one of their key words is agitated.
[01:51:00.160 --> 01:51:10.160]  If you don't do exactly what a policeman says, when he says it, how he says it, he's going to claim that you were agitated.
[01:51:10.160 --> 01:51:27.160]  And if he says the word agitated, the prosecutors and the courts, they see somebody jumping up and down and trying to beat up the police officer and just generally going crazy because they get people like that every once in a while.
[01:51:27.160 --> 01:51:35.160]  So I try to avoid having that labeled, that label put on me.
[01:51:35.160 --> 01:51:48.160]  And one of the ways I do that is I think most of you who've listened to me very often have heard me talk about asking a police officer to take off his chicken suit.
[01:51:48.160 --> 01:52:04.160]  Now, when I'm demanding that an officer do something and he doesn't, and I very insistently demand that he take off his chicken suit, well, he's kind of stuck there.
[01:52:04.160 --> 01:52:11.160]  He's not sure if I'm joking or not. I don't sound like I'm joking, but what I say sounds like I'm joking.
[01:52:11.160 --> 01:52:15.160]  And it tends to cause a pattern interruption.
[01:52:15.160 --> 01:52:22.160]  I kick him out of his standard routine and now he's got to stop and think about how to handle this.
[01:52:22.160 --> 01:52:28.160]  It's a real good way to get an officer back in control who's kind of losing it.
[01:52:28.160 --> 01:52:39.160]  The first time I used that was in Mansfield, Texas. They sent one of these red-faced tight-skinned officers who looks like he's been taking too many anabolic steroids.
[01:52:39.160 --> 01:52:44.160]  His skin was so tight it looked like he stuck him with a P&H pop like a dick.
[01:52:44.160 --> 01:52:48.160]  And these guys tend to be really cranked up.
[01:52:48.160 --> 01:52:53.160]  And I had called and asked for an officer to take a criminal complaint.
[01:52:53.160 --> 01:52:58.160]  And he got there. Since he was against the public official, he refused.
[01:52:58.160 --> 01:53:02.160]  And he wanted us to step outside because the lobby we were in was really full.
[01:53:02.160 --> 01:53:08.160]  And while we're going out, I said, I got two things I need you to do. I need you to take a criminal complaint.
[01:53:08.160 --> 01:53:12.160]  And before you do that, I need you to take your chicken suit off.
[01:53:12.160 --> 01:53:18.160]  And when I said that to him, I was walking behind him, I could see him tense up.
[01:53:18.160 --> 01:53:24.160]  He didn't want to shoot me. We got outside and he said, asked me what the complaint was about.
[01:53:24.160 --> 01:53:27.160]  And I wanted him to arrest the local J.P.
[01:53:27.160 --> 01:53:35.160]  And he said the arresting the J.P. he wasn't taking a complaint from against a justice of the peace.
[01:53:35.160 --> 01:53:41.160]  So I said, well, what the heck did they send you for? I need a real police officer. You're worthless.
[01:53:41.160 --> 01:53:44.160]  Well, I'm just not going to take a complaint against the public official.
[01:53:44.160 --> 01:53:49.160]  In that case, you're dismissed. You can leave and I kind of flick my fingers at him.
[01:53:49.160 --> 01:53:56.160]  And he started to say something and I said, I told you, you are dismissed.
[01:53:56.160 --> 01:54:02.160]  Now beat it. And he was shaking. He was so furious.
[01:54:02.160 --> 01:54:07.160]  But he just didn't know how to handle that.
[01:54:07.160 --> 01:54:13.160]  I'm dismissing him like an errant stepchild that he didn't know how to handle.
[01:54:13.160 --> 01:54:19.160]  So if you're going to deal with these people, they're the servants, you're the master.
[01:54:19.160 --> 01:54:23.160]  And the master doesn't argue with the servants.
[01:54:23.160 --> 01:54:28.160]  The master detects the servant not following a rule.
[01:54:28.160 --> 01:54:33.160]  Then he goes and finds the servant's boss, which in this case is the mayor.
[01:54:33.160 --> 01:54:38.160]  And the mayor is the one I want to talk to about this police officer's behavior.
[01:54:38.160 --> 01:54:43.160]  Not his sergeant, not his captain, not the chief of police, the mayor.
[01:54:43.160 --> 01:54:46.160]  The mayor is the one I'm going to chew out.
[01:54:46.160 --> 01:54:53.160]  And then the rest of it's up to the mayor when he gets done with the city manager.
[01:54:53.160 --> 01:54:56.160]  And the city manager gets done with the chief of police.
[01:54:56.160 --> 01:55:00.160]  The chief of police gets done with the captain and the lieutenant, the lieutenant, the sergeant.
[01:55:00.160 --> 01:55:06.160]  The time he gets back to this officer, the sergeant is not going to care what the officer did.
[01:55:06.160 --> 01:55:12.160]  All he knows is everybody's mad at him because of you and his integral.
[01:55:12.160 --> 01:55:14.160]  This is how we fix things.
[01:55:14.160 --> 01:55:17.160]  Not arguing with him, not fighting with him.
[01:55:17.160 --> 01:55:26.160]  And first of all, knowing the laws surrounding what we're there to do.
[01:55:26.160 --> 01:55:31.160]  Once you know what a public officer is required to do,
[01:55:31.160 --> 01:55:37.160]  then you can keep control much more easily.
[01:55:37.160 --> 01:55:49.160]  And one of the things I suggest is never ask a public official to do anything you actually want him to do.
[01:55:49.160 --> 01:55:58.160]  And that's because you never ask a public official to do anything that the law does not specifically require him to do.
[01:55:58.160 --> 01:56:01.160]  And this goes to my tar baby.
[01:56:01.160 --> 01:56:14.160]  So if you have public officials who are routinely abusing their positions and performing their duties in a way that does not comport with code,
[01:56:14.160 --> 01:56:18.160]  then go in there and ask them to do something they're required to do.
[01:56:18.160 --> 01:56:27.160]  And when they refuse, you go to the next person and file a complaint against them for not doing what they were supposed to do.
[01:56:27.160 --> 01:56:33.160]  I did this to a county judge in Travis County.
[01:56:33.160 --> 01:56:39.160]  He was just appointed that day, the judge before him retired and he was appointed to take the place.
[01:56:39.160 --> 01:56:45.160]  First case, he heard a friend of mine presented my habeas corpus to him.
[01:56:45.160 --> 01:56:51.160]  And when he was done, I went up to the judge and I said, your honor, I have some documents I'd like you to look at.
[01:56:51.160 --> 01:57:00.160]  And he said, well, certainly, and I handed them to him and he's looking at criminal complaints against the judge across the hall.
[01:57:00.160 --> 01:57:05.160]  He looked down at those and then looked up at me and he said, well, Mr. Kelton, these are criminal complaints.
[01:57:05.160 --> 01:57:07.160]  I said, yes, your honor, they are.
[01:57:07.160 --> 01:57:12.160]  He said, Mr. Kelton, you know, this is my first day.
[01:57:12.160 --> 01:57:15.160]  I said, yes, your honor, I do.
[01:57:15.160 --> 01:57:20.160]  And I just wanted to introduce you to the deep end of the pool.
[01:57:20.160 --> 01:57:30.160]  And I suggest that if we are to take control of our public officials and get this system working correctly,
[01:57:30.160 --> 01:57:40.160]  we need to learn how to take a recalcitrant public official and introduce him to the deep end of the pool.
[01:57:40.160 --> 01:57:52.160]  And you as the master have a greater capacity to do that than anybody else in the system.
[01:57:52.160 --> 01:58:00.160]  But there is one minor little problem that we have to deal with in doing this.
[01:58:00.160 --> 01:58:11.160]  Once you figure this out and get to where you can do this, you will find that it is way too much fun.
[01:58:11.160 --> 01:58:16.160]  And if you're not careful, you'll get to where you enjoy it way too much.
[01:58:16.160 --> 01:58:22.160]  And that's when I get my ribs broke and collar bones broke and the beat and bruised up.
[01:58:22.160 --> 01:58:26.160]  So I need to be careful about enjoying it too much.
[01:58:26.160 --> 01:58:30.160]  But otherwise, it is very, very powerful.
[01:58:30.160 --> 01:58:32.160]  Thank you all for listening.
[01:58:32.160 --> 01:58:34.160]  This is Randy Kelton, Denver Stevens.
[01:58:34.160 --> 01:58:41.160]  We'll be back tomorrow night with our four hour info marathon.
[01:58:41.160 --> 01:58:46.160]  And we don't have a guest tomorrow night, so we'll have the phones open all night.
[01:58:46.160 --> 01:58:49.160]  Let's get more, so make sure you listen.
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