[00:00.000 --> 00:05.360]  This news brief brought to you by the International News Net.
[00:05.360 --> 00:09.980]  NATO Secretary General Jaap de Hoop Sheffa says it's possible that as international
[00:09.980 --> 00:15.960]  forces escalate operations in Afghanistan, the insurgency will move into Central Asia's
[00:15.960 --> 00:18.160]  former Soviet states.
[00:18.160 --> 00:24.080]  Joint Chiefs Chairman Admiral Mike Mullen has said the massive US troop surge in Afghanistan
[00:24.080 --> 00:28.780]  would worsen the situation in Pakistan where insurgents are stretching the government to
[00:28.780 --> 00:30.040]  its limit.
[00:30.040 --> 00:35.920]  A bomb tore through a vehicle in Afghanistan Wednesday, killing seven civilians, while
[00:35.920 --> 00:42.480]  authorities reported 54 people, mostly militants, were killed elsewhere in the country.
[00:42.480 --> 00:47.360]  The Iraqi government Tuesday declared a public holiday to mark next week's withdrawal of
[00:47.360 --> 00:51.400]  US combat troops from Baghdad and other cities.
[00:51.400 --> 00:56.400]  Top of the hour news brought to you by INN World Report.
[00:56.400 --> 01:01.640]  A new report documents the torture of more than two dozen former prisoners held at Bagram
[01:01.640 --> 01:06.960]  Air Base in Afghanistan between 2002 and 2008.
[01:06.960 --> 01:10.960]  It comes three months after a congressional committee linked the murder of two detainees
[01:10.960 --> 01:18.280]  at Bagram to policies enacted by George Bush and ex-Secretary of Defense Donald Rumsfeld.
[01:18.280 --> 01:22.680]  The April report by the Senate Armed Services Committee on the treatment of prisoners in
[01:22.680 --> 01:28.920]  Iraq and Afghanistan concluded various torture techniques and brutal beatings administered
[01:28.920 --> 01:33.640]  by military interrogators caused the deaths of the two prisoners.
[01:33.640 --> 01:38.920]  One of the detainees, identified as Dilawar, was the subject of the Academy Award-winning
[01:38.920 --> 01:42.440]  documentary Taxi to the Dark Side.
[01:42.440 --> 01:47.000]  According to the report, another detainee, identified as Havibullah, was killed two days
[01:47.000 --> 01:52.640]  after Rumsfeld authorized the use of enhanced interrogation techniques against prisoners
[01:52.640 --> 01:54.360]  in Afghanistan.
[01:54.360 --> 01:58.280]  Dilawar was murdered six days after Havibullah was killed.
[01:58.280 --> 02:03.520]  The report labeled their deaths as homicides.
[02:03.520 --> 02:09.560]  Jamil Rahman, a British man who claims the UK government colluded in his arrest and torture,
[02:09.560 --> 02:16.000]  has accused UK security officers of forcing him to confess to masterminding the July 7th
[02:16.000 --> 02:17.000]  hearings.
[02:17.000 --> 02:24.200]  Rahman claims Britain's MI5 spy service was behind his arrest in 2005 in Bangladesh where
[02:24.200 --> 02:30.080]  he says he was stripped naked and beaten repeatedly by Bangladeshi officials who threatened to
[02:30.080 --> 02:34.120]  rape him and his wife if he refused to answer questions.
[02:34.120 --> 02:39.400]  Rahman, who is suing the government in British courts, said two MI5 officers who attended
[02:39.400 --> 02:44.960]  his torture and interrogation in Bangladesh would leave the room while he was beaten and
[02:44.960 --> 02:47.760]  then return and continue questioning him.
[02:47.760 --> 02:53.400]  Rahman claims the MI5 agents threatened to burn his family in their home in Britain and
[02:53.400 --> 03:16.760]  make the incident look like a gas leak.
[03:23.400 --> 03:48.080]  Rahman, a British man who claims the UK government colluded in his arrest and torture, has accused
[03:48.080 --> 04:07.560]  UK security officers of forcing him to confess to masterminding the July 7th hearings.
[04:07.560 --> 04:27.480]  Rahman claims Britain's MI5 spy service was behind his arrest in 2005 in Bangladesh where
[04:27.480 --> 04:36.680]  he says he was stripped naked and beaten repeatedly by Bangladeshi officials who threatened to
[04:36.680 --> 04:41.760]  rape him and his wife if he refused to answer questions.
[04:41.760 --> 04:52.320]  Rahman claims the MI5 agents threatened to burn his family in their home in Britain and
[04:52.320 --> 04:56.200]  make the incident look like a gas leak.
[04:56.200 --> 05:05.240]  Rahman claims the MI5 agents threatened to burn his family in their home in Bangladesh
[05:05.240 --> 05:17.000]  where he says he was stripped naked and beaten repeatedly by Bangladeshi officials who threatened
[05:17.000 --> 05:45.360]  to rape him and his wife if he refused to answer questions.
[05:45.360 --> 05:51.560]  Andy Kelton and Deborah Stevens here on Rule of Law Radio, also with our new co-host Eddie
[05:51.560 --> 05:57.080]  Craig and we've got a bunch of material for you guys tonight.
[05:57.080 --> 06:04.960]  First things first, apparently the House has narrowly passed this evil cap and trade bill
[06:04.960 --> 06:09.480]  regardless of the fact that there has been a petition submitted on the House floor by
[06:09.480 --> 06:19.000]  Ron Paul signed by over 30,000 scientists, over 9,000 of whom have PhDs saying that number
[06:19.000 --> 06:21.400]  one, humans do not cause global warming.
[06:21.400 --> 06:24.640]  Number two, there is no global warming.
[06:24.640 --> 06:30.000]  Number three, carbon dioxide does not cause any damage or problems to the environment.
[06:30.000 --> 06:35.360]  In fact, it's quite necessary because without carbon dioxide we wouldn't have any oxygen
[06:35.360 --> 06:42.840]  people because that's how the plants make oxygen is they use carbon dioxide.
[06:42.840 --> 06:52.240]  Here's two conflicting articles that I wanted to discuss here briefly.
[06:52.240 --> 07:01.920]  Earlier this afternoon there was still debate on the House floor concerning this bill and
[07:01.920 --> 07:07.400]  it was scheduled for vote around 6 p.m. this evening, I guess that'd be Eastern time.
[07:07.400 --> 07:13.800]  Well, I just come across an AP article, an Associated Press article.
[07:13.800 --> 07:20.920]  This is dated today's date and it says it was written eight hours ago and it says the
[07:20.920 --> 07:27.480]  House Democrats narrowly won a key test vote on Friday on this sweeping legislation.
[07:27.480 --> 07:34.240]  It says the vote was 217 to 205 to advance the White House backed legislation on the
[07:34.240 --> 07:35.240]  floor.
[07:35.240 --> 07:40.400]  All right, now what I want to know is how did they write this article eight hours ago
[07:40.400 --> 07:49.280]  when the vote hadn't even taken place yet saying that they already won and this is a
[07:49.280 --> 07:58.280]  different vote count from an MSNBC article released 12 minutes ago saying that the vote
[07:58.280 --> 08:02.480]  was 219 to 212.
[08:02.480 --> 08:10.480]  So it would appear that the fix was in from way back for one thing and for another thing,
[08:10.480 --> 08:14.280]  I don't know how this is going to affect all of us but they ain't going to tell me how
[08:14.280 --> 08:18.520]  much power I'm going to use, that's for damn sure because I'm going to use whatever power
[08:18.520 --> 08:21.800]  I need to run the radio station for one.
[08:21.800 --> 08:29.400]  Well, one of the things, they might have already known how many votes they could expect.
[08:29.400 --> 08:30.400]  It says House Democrats...
[08:30.400 --> 08:32.200]  Surely they know that before they have...
[08:32.200 --> 08:39.440]  Okay, but it says House Democrats narrowly won, that is past tense, Randy.
[08:39.440 --> 08:40.440]  I mean why bother...
[08:40.440 --> 08:42.440]  Well, if they knew they had enough votes already.
[08:42.440 --> 08:49.280]  Well, they obviously didn't because then MSNBC is coming up with a different article and
[08:49.280 --> 08:53.880]  besides if they know what's going to happen already, then why even bother?
[08:53.880 --> 08:55.740]  Why even bother having a debate?
[08:55.740 --> 08:56.740]  Why even bother?
[08:56.740 --> 09:00.760]  It's just all a big dog and pony show, it's just all a big sham.
[09:00.760 --> 09:05.920]  Let's just release the press release and just let everybody go home.
[09:05.920 --> 09:07.880]  Why even bother having a debate on the floor?
[09:07.880 --> 09:10.200]  Why even bother talking about it at all?
[09:10.200 --> 09:16.720]  Okay, if the fix is in, the fix is in, that sounds like what it's what you're saying.
[09:16.720 --> 09:21.600]  I mean this has gotten to the point that it's outrageous and the other problem with all
[09:21.600 --> 09:29.040]  of this is that again, just like with the Patriot Act, just like with the bailout bills,
[09:29.040 --> 09:37.040]  they don't give our congressmen any time to read the bill, period.
[09:37.040 --> 09:41.080]  This is nothing but political terrorism, all right?
[09:41.080 --> 09:45.760]  Do it, do it or else and no, you don't get to read the bill either, but if you don't
[09:45.760 --> 09:48.480]  do it, there's going to be martial law.
[09:48.480 --> 09:52.320]  That's what they told them before the bailout bill, so who knows what they told them this
[09:52.320 --> 09:53.320]  time?
[09:53.320 --> 10:00.120]  All right, so I'm just pointing out that that's what's going on and I don't know what can
[10:00.120 --> 10:05.640]  be done about it except that I almost feel like I said, it's getting to the point of
[10:05.640 --> 10:11.280]  civil disobedience because they're going to tell me how much power I can use and how much
[10:11.280 --> 10:12.840]  power I can't use.
[10:12.840 --> 10:18.440]  I mean this is a free country, the way I see it, no matter what these people say, what
[10:18.440 --> 10:23.520]  kind of bills they want to pass and if I have a contract with a power supplier, then I'll
[10:23.520 --> 10:27.480]  pay for what I use and that's just all there is to it.
[10:27.480 --> 10:32.560]  And speaking of political terrorism, now we got financial terrorism on the part of Ben
[10:32.560 --> 10:40.440]  Bernanke again, he's basically threatening that there's going to be economic collapse
[10:40.440 --> 10:43.040]  if we audit the Fed.
[10:43.040 --> 10:45.760]  I mean how much more outrageous can you get?
[10:45.760 --> 10:53.320]  Okay, listen to this quote from Ben Bernanke, quote, my concern about the legislation, he's
[10:53.320 --> 10:59.560]  referring to Ron Paul's HR 1207 bill to audit the Federal Reserve, Bill Bernanke, quote,
[10:59.560 --> 11:05.640]  my concern about the legislation is that if the GAO is auditing not only the operational
[11:05.640 --> 11:10.200]  aspects of the programs and the details of the programs but making judgments about our
[11:10.200 --> 11:19.560]  policy decisions would effectively be a takeover of policy by the Congress and a repudiation
[11:19.560 --> 11:25.120]  of the Federal Reserve would be highly destructive to the stability of the financial system,
[11:25.120 --> 11:32.280]  the dollar and our national economic situation, end quote, okay.
[11:32.280 --> 11:40.680]  Number one, Congress is supposed to take over the policy of the economic situation, alright,
[11:40.680 --> 11:47.760]  that's according to Constitution and number two, the dollar, these aren't even dollars,
[11:47.760 --> 11:54.120]  okay, a dollar is 371.25 grains of silver, alright, these aren't even dollars, they're
[11:54.120 --> 12:04.400]  not even notes, so here we go again, the terrorism, so that's Ben Bernanke for you guys.
[12:04.400 --> 12:08.920]  So what do y'all think, what do y'all think about these rogues, man?
[12:08.920 --> 12:14.240]  I'm going to send him a Christmas card, that's all there is to that.
[12:14.240 --> 12:21.680]  Okay that's Ben Bernanke, it's going to upset the economy if y'all audit the Fed and figure
[12:21.680 --> 12:26.560]  out what we're doing, it's going to cause an economic collapse, if y'all don't give
[12:26.560 --> 12:27.560]  us...
[12:27.560 --> 12:29.520]  He is not on my list of brightest bulb in the box.
[12:29.520 --> 12:36.200]  If y'all don't give us trillions and trillions of dollars and turn the other way while we
[12:36.200 --> 12:44.360]  do whatever we want with it, we're going to have martial law, I mean how much more ridiculous
[12:44.360 --> 12:50.520]  can it get, okay, but I am not very happy about this cap and trade bill because these
[12:50.520 --> 12:53.360]  people obviously just can't see reason.
[12:53.360 --> 13:00.080]  I mean 30,000 scientists are going to blow that off, they want to reduce carbon dioxide
[13:00.080 --> 13:07.080]  which is going to reduce our own oxygen level in the atmosphere, I don't think any of them
[13:07.080 --> 13:10.800]  are very bright bulbs, Eddie.
[13:10.800 --> 13:16.960]  No, they definitely never qualified for that in my book to begin with.
[13:16.960 --> 13:25.200]  They're creating a personal cash cow, you can't expect them to listen to logic and reason,
[13:25.200 --> 13:30.480]  this is not about logic and reason, it's about dollar flow.
[13:30.480 --> 13:35.440]  They're trying to get everything onto a ration system that they control.
[13:35.440 --> 13:38.280]  Dollars flowing out of our pockets into their pockets.
[13:38.280 --> 13:44.120]  Absolutely, like I talked about a few weeks ago after watching the Obama deception, okay,
[13:44.120 --> 13:47.880]  the man's appointments, every single one of them, literally hundreds of them, he's even
[13:47.880 --> 13:57.200]  made up bureaucracies and made up, you know, positions to appoint all these people in the
[13:57.200 --> 13:59.040]  banking industry, every single one of them.
[13:59.040 --> 14:05.920]  I mean it's absolutely unbelievable, I mean nobody from agriculture, nobody from education,
[14:05.920 --> 14:11.240]  nobody to represent labor, nobody to represent management for that matter, nobody to represent
[14:11.240 --> 14:17.280]  big pharma, the pharmaceuticals, nobody to represent the oil industries, I mean not even
[14:17.280 --> 14:23.160]  anybody to represent any of these, the military industrial complex, all right, I mean even
[14:23.160 --> 14:29.600]  the evil side, okay, nobody to represent the good or most of the good or the evil side
[14:29.600 --> 14:34.840]  for that matter, his only appointments are strictly Wall Street, that's it, so what do
[14:34.840 --> 14:35.840]  you expect?
[14:35.840 --> 14:43.840]  Well I got an Obama joke for you, Deborah, Dan Rather dies and he goes to heaven, right,
[14:43.840 --> 14:50.120]  and he goes up to the gates to see St. Peter and St. Peter just says, you know, welcome
[14:50.120 --> 14:54.480]  in and Dan Rather looks behind him and he says, you know on earth I was a star reporter
[14:54.480 --> 14:58.720]  and I can't help but notice this huge wall of clocks that you've got up here behind you,
[14:58.720 --> 15:00.640]  what are those all about?
[15:00.640 --> 15:04.720]  And St. Peter looks at him and says, well those are the lie clocks, every person on
[15:04.720 --> 15:09.800]  earth has one and as you can see there's Mother Teresa's, she never told a lie in her entire
[15:09.800 --> 15:15.720]  life, the hands have never moved, right next to her is Jesus' clock, it's also never moved,
[15:15.720 --> 15:20.200]  over here you've got George Washington, it's only moved four minutes past 12, he only told
[15:20.200 --> 15:24.760]  four lies in his life, here's Abe Lincoln's, it's only moved two minutes past, he's only
[15:24.760 --> 15:29.480]  told two lies in his life, so Dan Rather looks at all the clocks and the names and he goes,
[15:29.480 --> 15:30.480]  well where's Obama's clock?
[15:30.480 --> 15:34.920]  St. Peter says, Jesus has it in his office, he's using it for a ceiling fan.
[15:34.920 --> 15:41.360]  Yeah, I'll bet, I'll bet.
[15:41.360 --> 15:46.520]  Okay so that's the situation here, I don't know how this is all going to be implemented
[15:46.520 --> 15:52.280]  but we've got to do something about it, you know, I guess it's going to come down to the
[15:52.280 --> 15:59.240]  local levels and we're probably going to have to have it adjudicated, so that's what happened
[15:59.240 --> 16:09.200]  today as of 12 minutes ago or as the AP would say eight hours ago, take your pick.
[16:09.200 --> 16:13.600]  Okay guys, so what's been happening on y'all's end?
[16:13.600 --> 16:25.320]  Well we've been stirring them up up here in Amarillo, we went to the jail this morning
[16:25.320 --> 16:31.160]  and had real good interchange, I talked to the captain before we went there and wanted
[16:31.160 --> 16:38.320]  to watch the morning magistration hearing, but she said I'd have to talk to the magistrate
[16:38.320 --> 16:39.320]  about it.
[16:39.320 --> 16:43.040]  Okay, hold on, we're going to break, let's talk about that when we get back on the other
[16:43.040 --> 16:44.040]  side.
[16:44.040 --> 16:49.800]  Callers, if you'd like to call in 512-646-1984, we will be right back, this is the rule of
[16:49.800 --> 16:59.680]  law, Randy Kelton, Eddie Craig, Deborah Stevens, we'll be right back.
[16:59.680 --> 17:04.280]  You invest, you buy insurance, you wear your seatbelt, you do things to ensure your family's
[17:04.280 --> 17:07.680]  future and protection, but why, just in case?
[17:07.680 --> 17:10.760]  With the current state of affairs, ask yourself, am I ready?
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[20:16.280 --> 20:19.280]  Okay, we are back.
[20:19.280 --> 20:24.280]  Okay, Randy, so you're talking about the magistrate.
[20:24.280 --> 20:28.280]  You wanted to see the morning magistration hearings and they're saying you have to ask
[20:28.280 --> 20:33.280]  the magistrate and then what happened?
[20:33.280 --> 20:39.280]  Well, I went to the, I called the magistrate's office and was told that the magistrate had
[20:39.280 --> 20:41.280]  just left to go to the jail.
[20:41.280 --> 20:49.280]  So Eddie and I bailed in the car and headed down to the jail and I put in a request for
[20:49.280 --> 20:55.280]  a list of people who had been arrested in the month of May so I could compare them with
[20:55.280 --> 21:01.280]  the court records to see how many of them actually showed up in the court record.
[21:01.280 --> 21:09.280]  And they told me that they would take their 10 days in order to respond to my request.
[21:09.280 --> 21:15.280]  And I told them that the last time I requested them, you were able to produce them immediately
[21:15.280 --> 21:18.280]  because all you have to do is download them from a file.
[21:18.280 --> 21:25.280]  So if you attempt to delay 10 days, I'll consider that a violation of the Intimidate Act
[21:25.280 --> 21:28.280]  and move ahead to criminal charges.
[21:28.280 --> 21:32.280]  Well, it turned out they made a mistake.
[21:32.280 --> 21:37.280]  They didn't really understand what I wanted and lo and behold, they can get them right away.
[21:37.280 --> 21:40.280]  It is not a problem.
[21:40.280 --> 21:48.280]  And then I had talked to the captain over the jail and she told me that the magistrate
[21:48.280 --> 21:52.280]  said that I could not observe the hearing.
[21:52.280 --> 21:54.280]  I said, well, that's terrible.
[21:54.280 --> 21:56.280]  I hate to hear that.
[21:56.280 --> 22:05.280]  I need you to verify a criminal complaint against the judge for Class A misdemeanor
[22:05.280 --> 22:14.280]  or official oppression for denying me my right to public court in violation of 3903 penal code.
[22:14.280 --> 22:22.280]  The last time I was there, I made an allegation to a lieutenant of criminal complaints
[22:22.280 --> 22:26.280]  against a court clerk and he refused to take any complaints.
[22:26.280 --> 22:30.280]  And I dismissed him like a little kid and really hurt his feelings.
[22:30.280 --> 22:34.280]  Well, he was standing next to his captain this time.
[22:34.280 --> 22:42.280]  And when I told her I wanted her to take to verify a criminal complaint, she said, no problem.
[22:42.280 --> 22:48.280]  I wrote out the criminal complaint and in the process asked her some questions
[22:48.280 --> 22:52.280]  about the movement of records.
[22:52.280 --> 22:59.280]  And she told me how they moved records and verified a number, all of the criminal actions
[22:59.280 --> 23:05.280]  that I assert in my due process motion she verified to me.
[23:05.280 --> 23:10.280]  And I walked her through the code to what was wrong and why it was wrong,
[23:10.280 --> 23:14.280]  filled out the complaint, she verified it.
[23:14.280 --> 23:20.280]  Verification for those who don't remember is just a legal term for notary.
[23:20.280 --> 23:27.280]  And a certified police officer is authorized to verify a criminal affidavit.
[23:27.280 --> 23:34.280]  So, shit, I took that verified criminal affidavit to the district attorney.
[23:34.280 --> 23:40.280]  And the district attorney came up behind me and said, I gave it to their receptionist
[23:40.280 --> 23:44.280]  and she tried to do some song and dance with me and I just told her,
[23:44.280 --> 23:46.280]  go give it to the prosecutor, don't mess with me.
[23:46.280 --> 23:48.280]  And she did.
[23:48.280 --> 23:52.280]  Prosecutor came back and said, what can I do for you?
[23:52.280 --> 24:01.280]  You can make me a copy of that complaint I gave you, initial showing that I handed it to you today.
[24:01.280 --> 24:06.280]  He said, well, why would I do that?
[24:06.280 --> 24:11.280]  Well, you do that because it's polite, that's why.
[24:11.280 --> 24:15.280]  And he said, is there anything else you'd like me to do?
[24:15.280 --> 24:20.280]  Yes, I would like you to present that complaint to the grand jury.
[24:20.280 --> 24:24.280]  I won't be presenting any complaint to the grand jury.
[24:24.280 --> 24:27.280]  Well, in that case, I need security.
[24:27.280 --> 24:30.280]  He said, oh, you are very secure here.
[24:30.280 --> 24:33.280]  Yeah, maybe I am, but you're not.
[24:33.280 --> 24:38.280]  And I took off to go get security and got told security,
[24:38.280 --> 24:43.280]  there's three guys standing around the metal detector and same little guy,
[24:43.280 --> 24:49.280]  I always get the same guy, this kind of short Mexican guy.
[24:49.280 --> 24:51.280]  Fadella.
[24:51.280 --> 24:56.280]  So I pointed at him, you, get your lieutenant, I'm going to need security.
[24:56.280 --> 24:57.280]  And I turned and walked away.
[24:57.280 --> 25:02.280]  He said, wait a minute, wait a minute, you need to tell me why I need to, why do you need security?
[25:02.280 --> 25:07.280]  I need security to take a criminal complaint, go get your lieutenant, get him out here.
[25:07.280 --> 25:10.280]  Well, he wants to talk.
[25:10.280 --> 25:14.280]  So I explained to him I wanted him to take a criminal complaint against the district attorney
[25:14.280 --> 25:19.280]  for failure to act in accordance with Article 2.03 Code of Criminal Procedure
[25:19.280 --> 25:22.280]  and denying me to pull free access to him, drawing him to the right,
[25:22.280 --> 25:26.280]  and that's violation 3903 Penal Code, and I'm going to want you to take a complaint.
[25:26.280 --> 25:29.280]  Well, we're not going to take any complaints.
[25:29.280 --> 25:33.280]  You'll have to, don't tell me what I have to do.
[25:33.280 --> 25:36.280]  If you're not going to take any complaints, you can beat it, just get lost.
[25:36.280 --> 25:39.280]  That hurt his feet.
[25:39.280 --> 25:40.280]  Eddie may remember what he said to me.
[25:40.280 --> 25:45.280]  He said something else, and I told him, scram, just get lost.
[25:45.280 --> 25:55.280]  And I asked him for the non-emergency number to the police, to the Sheriff's Department,
[25:55.280 --> 25:59.280]  and then they started this argument about jurisdiction,
[25:59.280 --> 26:03.280]  and I'm insisting that the city doesn't have jurisdiction in the county courthouse,
[26:03.280 --> 26:05.280]  and they're saying that they do.
[26:05.280 --> 26:11.280]  I said, okay, give me the number of the non-emergency number to the city.
[26:11.280 --> 26:15.280]  And this fedeo said, I'm not talking to you.
[26:15.280 --> 26:16.280]  Oh, cool.
[26:16.280 --> 26:20.280]  So I turned to the other officer and asked him for the number,
[26:20.280 --> 26:23.280]  but I hadn't told him to shut up.
[26:23.280 --> 26:25.280]  Well, he got me the number.
[26:25.280 --> 26:31.280]  I called, and then I walked away from these guys and left Eddie there with them,
[26:31.280 --> 26:35.280]  and he kind of, I let Eddie go with what he did to them.
[26:35.280 --> 26:39.280]  He had his tape recorder going, so we got everything on tape.
[26:39.280 --> 26:43.280]  I was kind of hoping that they would, once I walked away,
[26:43.280 --> 26:51.280]  they would kind of open up about what a jerk I was and make some really interesting statements.
[26:51.280 --> 26:55.280]  I haven't heard the tapes, so I don't know if they did or not.
[26:55.280 --> 27:01.280]  But the police showed up, and they were extremely careful.
[27:01.280 --> 27:09.280]  And the first thing the officer did was apologize for the fact that they didn't send a lieutenant
[27:09.280 --> 27:15.280]  or a sergeant like I had asked for, but he assured me he would do his job.
[27:15.280 --> 27:19.280]  And then in the end, he didn't.
[27:19.280 --> 27:26.280]  So I prepared a criminal complaint against the district attorney and asked the officer to verify it,
[27:26.280 --> 27:31.280]  because he was authorized since he's a certified police officer.
[27:31.280 --> 27:33.280]  But he wouldn't do it.
[27:33.280 --> 27:38.280]  He may ask him to take his chicken suit off, and he wouldn't do that either.
[27:38.280 --> 27:42.280]  It tended like he didn't hear me say that.
[27:42.280 --> 27:49.280]  Clearly, he wanted to get upset, but I think clearly he had also been warned.
[27:49.280 --> 27:54.280]  So I thought that interchange went extremely well.
[27:54.280 --> 27:59.280]  He took my complaint with him, and he told him that I wanted a copy of it.
[27:59.280 --> 28:05.280]  And he said, well, he couldn't do that here, but he assured me he was an honest policeman,
[28:05.280 --> 28:09.280]  that he would tell the truth, and there's a record that I was here,
[28:09.280 --> 28:13.280]  there's records in the department that you made the call,
[28:13.280 --> 28:17.280]  so you'll be able to establish that I was called and that I came,
[28:17.280 --> 28:21.280]  and you have witnesses here because I had Eddie in the room.
[28:21.280 --> 28:25.280]  And took my complaint and was very cordial.
[28:25.280 --> 28:33.280]  They went to a lot of trouble not to let themselves get out of hand.
[28:33.280 --> 28:37.280]  And frankly, I appreciated that.
[28:37.280 --> 28:44.280]  They knew that I was trouble, and what they told Eddie was apparently
[28:44.280 --> 28:49.280]  that they thought I was trying to get them to throw me out of the building.
[28:49.280 --> 28:57.280]  So they knew that I was trying to get them to do that, so they didn't do that.
[28:57.280 --> 29:04.280]  And then they wound up having to be more careful to not say anything
[29:04.280 --> 29:09.280]  that would get me to make them mad enough to throw me out of the building.
[29:09.280 --> 29:11.280]  So that was kind of fun.
[29:11.280 --> 29:15.280]  I actually kind of enjoyed the give and take there.
[29:15.280 --> 29:20.280]  But the point was to get everybody's attention,
[29:20.280 --> 29:26.280]  and I got opportunity to run all the law, pass all of them except the district attorney,
[29:26.280 --> 29:31.280]  and now I will go after the district attorney.
[29:31.280 --> 29:36.280]  And they'll find out that the whole point was to get to the district attorney anyway.
[29:36.280 --> 29:38.280]  Okay, very well.
[29:38.280 --> 29:40.280]  All right, listen, we're going to break now.
[29:40.280 --> 29:42.280]  We have a caller on the line, Kathy from Texas.
[29:42.280 --> 29:45.280]  Kathy, we'll be taking your call coming up in the next segment.
[29:45.280 --> 29:52.280]  This is the Rule of Law, Randy Kelton and Deborah Stevens and Eddie Craig, of course,
[29:52.280 --> 29:58.280]  ruleoflawradio.com. We'll be right back.
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[31:52.280 --> 32:09.280]  Okay, time is right for Palace Revolution.
[32:09.280 --> 32:15.280]  This is the rule of law, Randy Chelton and Deborah Stevens and Eddie Craig, of course.
[32:15.280 --> 32:20.280]  All right, we are going to go now to our caller Kathy from Texas.
[32:20.280 --> 32:23.280]  Kathy, thanks for calling in. What's on your mind tonight?
[32:23.280 --> 32:27.280]  Well, I'm glad to hear that Randy is still out of jail.
[32:27.280 --> 32:30.280]  That's not always the case.
[32:30.280 --> 32:34.280]  So I don't know, to just kind of update people, I called in.
[32:34.280 --> 32:36.280]  I need a little strategy help.
[32:36.280 --> 32:42.280]  And for those who haven't been keeping up with me, I guess, I keep calling.
[32:42.280 --> 32:47.280]  But we had filed motions for the attorney who doesn't do anything,
[32:47.280 --> 32:50.280]  and they got our attention.
[32:50.280 --> 32:58.280]  And so the date we had set for hearing in May was changed then to July.
[32:58.280 --> 33:04.280]  And so our date is July 15th, which I understand, Randy, is your date.
[33:04.280 --> 33:09.280]  Do you have a hearing set for the July 15th?
[33:09.280 --> 33:11.280]  Oh, yes, I do, as a matter of fact.
[33:11.280 --> 33:12.280]  Okay.
[33:11.280 --> 33:14.280]  It's an examining trial.
[33:14.280 --> 33:20.280]  There's a good chance that trial won't happen, or at least that date may not happen.
[33:20.280 --> 33:25.280]  Okay, because it looks like our date is set to hear the motions that we filed.
[33:25.280 --> 33:30.280]  And so the question, one of the questions I have is, do we need you there?
[33:30.280 --> 33:31.280]  Or am I capable?
[33:31.280 --> 33:33.280]  I'm not sure if I'm capable of this.
[33:33.280 --> 33:39.280]  Yes, I definitely want to be at the hearing to hear those motions.
[33:39.280 --> 33:40.280]  Sure you're capable, Kathy.
[33:40.280 --> 33:42.280]  This stuff isn't that hard.
[33:42.280 --> 33:43.280]  You can do it.
[33:43.280 --> 33:46.280]  A lot of my speed, I'm not good with tapping verse yet.
[33:46.280 --> 33:52.280]  And so, yeah, I'm trying to cover it all and not fluster.
[33:52.280 --> 33:56.280]  And if Randy's out there, I'm going to go in there swinging, I'll tell you that.
[33:56.280 --> 34:02.280]  But the other strategy question I have is, you had called me to check on the grand jury.
[34:02.280 --> 34:09.280]  And in Hays County, the grand jury meets next on July 8th, which is this coming week after this.
[34:09.280 --> 34:15.280]  And we called the attorney who happens to be out of town again until July 6th.
[34:15.280 --> 34:18.280]  But she's still doing nothing and putting her head down.
[34:18.280 --> 34:20.280]  She's not returning calls.
[34:20.280 --> 34:28.280]  And so the question I think really that I have right now is, given the fact that the grand jury meets on the 8th,
[34:28.280 --> 34:34.280]  and we are scheduled to hear the disqualifying motions we had filed to disqualify the judge
[34:34.280 --> 34:37.280]  and disqualify the police officer and all that stuff.
[34:37.280 --> 34:40.280]  So we have that scheduled for the 15th.
[34:40.280 --> 34:46.280]  Is there anything that we can do with the grand jury before our hearing,
[34:46.280 --> 34:52.280]  or should we just wait for the grand jury stuff until the August date of their next meeting?
[34:52.280 --> 34:53.280]  Okay.
[34:53.280 --> 34:56.280]  Yes, there is something we can very definitely do.
[34:56.280 --> 34:57.280]  Why is that?
[34:57.280 --> 34:59.280]  Because I want to do it.
[34:59.280 --> 35:08.280]  We can make up a set of criminal complaints and put them in an envelope and send them certified
[35:08.280 --> 35:19.280]  return receipt to the district judge who can panel the grand jury to his address,
[35:19.280 --> 35:27.280]  but addressed to grand jury number 1 through 12 unless we can get their names from the district clerk.
[35:27.280 --> 35:30.280]  It would be more fun if we can get their names from the district clerk.
[35:30.280 --> 35:34.280]  If we can't, then we send it grand juror 1 through 12.
[35:34.280 --> 35:35.280]  Okay.
[35:35.280 --> 35:37.280]  And that's another interesting story.
[35:37.280 --> 35:43.280]  I called the district attorney's office to ask them for the grand jury list and the date, and they said call the court.
[35:43.280 --> 35:50.280]  And when I asked for the date, the people from the court, they said call the district attorney.
[35:50.280 --> 35:51.280]  Okay.
[35:51.280 --> 35:52.280]  I can take care of that.
[35:52.280 --> 35:53.280]  Okay.
[35:53.280 --> 35:57.280]  So I don't have their names, but I do give them their names.
[35:57.280 --> 35:59.280]  They're used to me calling down there, annoying them.
[35:59.280 --> 36:07.280]  And it is the – I would call the – to find out when the grand jury meets, you can call the district judge's coordinator.
[36:07.280 --> 36:08.280]  Okay.
[36:08.280 --> 36:10.280]  Well, they – I got that date.
[36:10.280 --> 36:13.280]  They said July 8th was the meeting.
[36:13.280 --> 36:15.280]  I'm having trouble hearing you.
[36:15.280 --> 36:16.280]  Okay.
[36:16.280 --> 36:19.280]  They said July 8th is the grand jury meeting.
[36:19.280 --> 36:20.280]  Okay.
[36:20.280 --> 36:26.280]  So we know when they're going to meet, and if they won't give us the names, we don't care.
[36:26.280 --> 36:40.280]  We send the documents to the judge, and then two or three days after the grand jury meets, we go down and ask to see the minutes of the grand jury.
[36:40.280 --> 36:42.280]  Okay.
[36:42.280 --> 36:50.280]  I've done that in Hays County, and I don't remember offhand if they actually had them.
[36:50.280 --> 36:56.280]  But the district clerk is required to have them, and I raised so much stink about it last time.
[36:56.280 --> 36:57.280]  They should remember.
[36:57.280 --> 36:59.280]  There's a good chance.
[36:59.280 --> 37:03.280]  There's a good chance that they made sure that she has them.
[37:03.280 --> 37:04.280]  Okay.
[37:04.280 --> 37:12.280]  Because the last time I was there, she refused to let me see a file because she knew I was there looking for missing records.
[37:12.280 --> 37:16.280]  And she said, I know why you're here, and you're not going to get those files.
[37:16.280 --> 37:26.280]  So I immediately went out and got security and just created a scene, a real major scene.
[37:26.280 --> 37:32.280]  So I very seriously doubt that she's going to risk that again, so that she probably has the minutes.
[37:32.280 --> 37:33.280]  Okay.
[37:33.280 --> 37:42.280]  The minutes of the grand jury, and we look in there for the names of the officers that you prepare the complaints for.
[37:42.280 --> 37:43.280]  Okay.
[37:43.280 --> 38:00.280]  And if you don't find a true bill or a no bill, that's a reasonable probable cause to believe that the district judge secreted the mail from the grand jury.
[38:00.280 --> 38:01.280]  Okay.
[38:01.280 --> 38:04.280]  Then we call the postal inspectors.
[38:04.280 --> 38:10.280]  The next call the judge gets is from the federal postal inspectors.
[38:10.280 --> 38:18.280]  Now, to the postal inspectors, a district judge in Texas is less than dirt.
[38:18.280 --> 38:21.280]  They don't care.
[38:21.280 --> 38:25.280]  So this will put the judge in a very precarious position.
[38:25.280 --> 38:30.280]  He's going to have some explaining to do, and he's not going to like that.
[38:30.280 --> 38:31.280]  Okay.
[38:31.280 --> 38:38.280]  And by then, by that time, when he gets that, he's going to realize that you set him up.
[38:38.280 --> 38:55.280]  Now, what if they do their jobs correctly and they have brought up the names and we do have what we need, is that then they are hearing and discussing our motion?
[38:55.280 --> 38:56.280]  Yes.
[38:56.280 --> 38:57.280]  And that's what we want, really.
[38:57.280 --> 39:13.280]  They actually went to the grand jury, so all we have to do now is they give you a no bill, which is most likely what they'll do, is find out when the next grand jury is going to have a new grand jury so we can file again.
[39:13.280 --> 39:14.280]  Okay.
[39:14.280 --> 39:16.280]  And I have that data in my office.
[39:16.280 --> 39:21.280]  Now, you actually asked the question, does that mean they're talking about your motions then?
[39:21.280 --> 39:22.280]  No.
[39:22.280 --> 39:24.280]  What they're talking about is your criminal complaints.
[39:24.280 --> 39:35.280]  Your motions are going to be something separate, but if you've got a true bill on those police officers, the odds of them being competent witnesses is now out the window.
[39:35.280 --> 39:37.280]  Okay.
[39:37.280 --> 39:42.280]  So a true bill means that they acknowledge my complaint as valid?
[39:42.280 --> 39:50.280]  That the grand jury found probable cause that the officer committed the crime and have sent down an indictment for that crime.
[39:50.280 --> 39:51.280]  Oh, cool.
[39:51.280 --> 39:52.280]  I like that one.
[39:52.280 --> 39:55.280]  Let's go for that one.
[39:55.280 --> 39:58.280]  That would be great, but even if there's a no bill.
[39:58.280 --> 39:59.280]  Okay.
[39:59.280 --> 40:03.280]  These police officers will be terrified by that.
[40:03.280 --> 40:05.280]  Because the no bill means that-
[40:05.280 --> 40:06.280]  And everybody-
[40:06.280 --> 40:10.280]  That they read it and you said it and talked about it, right?
[40:10.280 --> 40:11.280]  Yes.
[40:11.280 --> 40:12.280]  Is that correct?
[40:12.280 --> 40:13.280]  Okay.
[40:13.280 --> 40:17.280]  So exactly, the grand jury had to consider it.
[40:17.280 --> 40:18.280]  So that's almost-
[40:18.280 --> 40:23.280]  What I don't know about grand juries is you never know what a grand jury will do.
[40:23.280 --> 40:24.280]  Yes.
[40:24.280 --> 40:28.280]  So it's always a crap shoot.
[40:28.280 --> 40:29.280]  But either way-
[40:29.280 --> 40:32.280]  If it does actually-
[40:32.280 --> 40:43.280]  But either way, isn't it better to have those names out in the open and people talking about them, they at least know that someone is complaining?
[40:43.280 --> 40:44.280]  You betcha.
[40:44.280 --> 40:45.280]  Is that not worth something?
[40:45.280 --> 40:46.280]  This would terrify-
[40:46.280 --> 40:49.280]  This would scare every policeman there.
[40:49.280 --> 40:50.280]  Okay.
[40:50.280 --> 41:01.280]  Because they're going to look at this and say, kind of like the district attorney at the time he was a county attorney in Wise County, we were talking about get us a conduct complaint.
[41:01.280 --> 41:03.280]  I'm sorry, bar grievances.
[41:03.280 --> 41:06.280]  And he gets a copy of all the bar grievances in the county.
[41:06.280 --> 41:09.280]  And he said, oh, yeah, I got a list of bar grievances the other day.
[41:09.280 --> 41:11.280]  And I was looking through them and I looked at one.
[41:11.280 --> 41:13.280]  Oh, oh, I've done that.
[41:13.280 --> 41:14.280]  I've done that.
[41:14.280 --> 41:16.280]  I resemble that remark.
[41:16.280 --> 41:19.280]  The policeman are going to be in the same position.
[41:19.280 --> 41:20.280]  Okay.
[41:20.280 --> 41:24.280]  I've done what they're being accused of.
[41:24.280 --> 41:27.280]  That could be me in front of a grand jury.
[41:27.280 --> 41:30.280]  And that is our purpose.
[41:30.280 --> 41:31.280]  Okay.
[41:31.280 --> 41:35.280]  That will stop this from happening in the future.
[41:35.280 --> 41:36.280]  Okay.
[41:36.280 --> 41:39.280]  But if we don't get an indictment, no problem.
[41:39.280 --> 41:45.280]  We'll go to the next grand jury and try it again.
[41:45.280 --> 41:46.280]  Right.
[41:46.280 --> 41:47.280]  Okay.
[41:47.280 --> 41:58.280]  And when they get the second grand jury, gets the same petition, that's when it settles in and they realize how much difficulty there really is in.
[41:58.280 --> 42:01.280]  So this would be a great move right now.
[42:01.280 --> 42:02.280]  Okay.
[42:02.280 --> 42:10.280]  Then let me just say to you, I'm off next week, so I have this work and this is what I'd like to do next week.
[42:10.280 --> 42:14.280]  And so we can continue this offline and give other people a chance to call.
[42:14.280 --> 42:20.280]  But that's really what I wanted to touch base with you and let the people know out there, too, that it works.
[42:20.280 --> 42:26.280]  I'm trying to keep up and I'm getting better at it.
[42:26.280 --> 42:29.280]  But I also have a job to do and I have this and I have that.
[42:29.280 --> 42:32.280]  And so just, you know, don't give up anybody.
[42:32.280 --> 42:36.280]  It's like Wendy said, the one who quit.
[42:36.280 --> 42:40.280]  This crap of having to work is interfering with our entertainment.
[42:40.280 --> 42:41.280]  It certainly is.
[42:41.280 --> 42:43.280]  And that just has to stop.
[42:43.280 --> 42:44.280]  That's right.
[42:44.280 --> 42:45.280]  Well, this next week it has stopped.
[42:45.280 --> 42:49.280]  And so anyway, I'm giving you notice.
[42:49.280 --> 42:51.280]  I'm home and ready to type.
[42:51.280 --> 42:58.280]  And I know the basics, but if you'll point me at the right complaint, then I'll put the package together.
[42:58.280 --> 43:00.280]  And I want to be ready for that on the 8th.
[43:00.280 --> 43:08.280]  Or we should then mail it before the 8th, right, so that we can actually mail it to the district judge, right?
[43:08.280 --> 43:09.280]  Yes.
[43:09.280 --> 43:10.280]  Okay.
[43:10.280 --> 43:15.280]  So I will, I'll be back in town Tuesday.
[43:15.280 --> 43:17.280]  Okay.
[43:17.280 --> 43:19.280]  Okay, wonderful.
[43:19.280 --> 43:20.280]  Thank you so much.
[43:20.280 --> 43:22.280]  And thank you, Eddie and Deborah.
[43:22.280 --> 43:25.280]  I just, y'all got me all hept up here.
[43:25.280 --> 43:26.280]  I'm wired.
[43:26.280 --> 43:27.280]  You're welcome.
[43:27.280 --> 43:28.280]  So thank y'all.
[43:28.280 --> 43:29.280]  Talk to you later.
[43:29.280 --> 43:30.280]  You're welcome.
[43:30.280 --> 43:31.280]  Thank you, Kathy.
[43:31.280 --> 43:32.280]  Bye.
[43:32.280 --> 43:34.280]  Okay, we've got open lines here.
[43:34.280 --> 43:39.280]  So callers, if you'd like to call in, 512-646-1984.
[43:39.280 --> 43:41.280]  We're going to break now.
[43:41.280 --> 43:42.280]  We'll be right back.
[43:42.280 --> 43:50.280]  This is the Rule of Law, Rady Kelton and Deborah Stevens here on Rule of Law Radio with our new co-host, Eddie Craig.
[43:50.280 --> 43:51.280]  We'll be right back.
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[45:18.280 --> 45:37.280]  Alright, we are back.
[45:37.280 --> 45:42.280]  The rule of law, Randy Kelton, Deborah Stevens and Eddie Craig.
[45:42.280 --> 45:54.280]  And Eddie, you wanted to make some comments and talk about what happened today and also make some comments about ex parte hearings on the part of the prosecutor.
[45:54.280 --> 46:01.280]  Apparently they are granted out of hand by the judges, so why don't you explain a little bit about that.
[46:01.280 --> 46:09.280]  Well, what we were talking about before on the deal that Randy's got going on up here, the visits today were educational and somewhat entertaining.
[46:09.280 --> 46:17.280]  I kept having to demand that Randy give me the car keys before he got confrontational as just a case measure, not knowing what he might have lined up.
[46:17.280 --> 46:24.280]  I've been there. Like I told you to do that. Good job. Otherwise, you would have got stranded.
[46:24.280 --> 46:32.280]  But in any case, he thought I made a good choice in not letting anybody know who I was.
[46:32.280 --> 46:47.280]  He got up in their face and I just sort of quietly stood by and let them act it all out just observing and asking just the occasional question just to let them know that I was not idiotic of what was transpiring before me.
[46:47.280 --> 46:56.280]  But Randy seems to think that cut a bigger imposition on their frame of mind than me being a jabber box about everything.
[46:56.280 --> 47:06.280]  I tried to play my part in this whole thing and I was actually very, very surprised by the cooperation we received from the jail and from the captain over the jail.
[47:06.280 --> 47:14.280]  In fact, the lieutenant that he was discussing earlier that he had had such a problem with was definitely giving us the eyeball before she came outside.
[47:14.280 --> 47:23.280]  But when she did come out, he was with her and she basically made him meet Crow right in front of us by doing what he had refused to do without question,
[47:23.280 --> 47:32.280]  which was sign the criminal complaint against the magistrate. So the county jail hearing actually went very well, all things considered.
[47:32.280 --> 47:42.280]  When we got done with that, we went over to the Randall County Justice Building and that's where we went back then to see the district clerk and the district attorney.
[47:42.280 --> 47:47.280]  And I must say that this district attorney cuts quite a figure. He's short. He's round.
[47:47.280 --> 47:55.280]  He's got a completely bad attitude and thinks he's all that and a bag of chips in the state of Texas, it would seem,
[47:55.280 --> 48:02.280]  because he was just short of actually being belligerent to Randy's request for the filing of the complaint with the grand jury.
[48:02.280 --> 48:12.280]  But once Randy went off to look for security, I stayed where I was and recorded what they were discussing before they gave chase down the hallway to where he was headed.
[48:12.280 --> 48:21.280]  And after everybody exited the area I was in, I walked down and made sure to be in the general vicinity for what was going on.
[48:21.280 --> 48:33.280]  And after Randy got the police non-emergency number to call in a police officer to file the complaint with, I engaged the deputies there in conversation over this.
[48:33.280 --> 48:45.280]  And basically the one that he was always having a confrontation with, the little short guy, Fabella, he basically thinks Randy is a crackpot.
[48:45.280 --> 48:52.280]  And so I tried to point out, you know, he's not actually here trying to get you guys to throw him out of the building.
[48:52.280 --> 49:01.280]  What he's trying to get you to understand is that there is violations of law occurring before your very eyes that you're not aware of.
[49:01.280 --> 49:04.280]  He's trying to bring that to light.
[49:04.280 --> 49:06.280]  And it was falling on deaf ears.
[49:06.280 --> 49:13.280]  You could tell by the glazed expression and the donut smears around the lips that the subject was lost upon them.
[49:13.280 --> 49:20.280]  But in any case, when we got done with that engagement, we went in to get some more records from the district clerk.
[49:20.280 --> 49:33.280]  Then we went down to see the district judge's clerk, the court coordinator, to try to get a docket sheet from them to see if any of the motions that we had pulled had actually been set for hearings.
[49:33.280 --> 49:36.280]  Well, when we got down there, the clerk was pulling up a blank.
[49:36.280 --> 49:50.280]  So, none of these motions have been scheduled for hearings, none of these have been done, yet these motions had all been signed by a judge, they had all been posted in the court record, and yet there had never been a scheduled hearing on the motion.
[49:50.280 --> 49:58.280]  Which means the judge was granting the motions ex parte of the accused party, and he was granting them just out of hand.
[49:58.280 --> 50:12.280]  Which we had another judge in there with the clerk outright admit that's exactly how they behave when a DA or a prosecuting attorney brings them one of these motions for something, they grant it.
[50:12.280 --> 50:15.280]  They just sign it, give it back to them, and let them do their thing.
[50:15.280 --> 50:26.280]  There's never a hearing motion set or hearing day set for the motion itself where the defendant gets any opportunity to rebut what's in the motion.
[50:26.280 --> 50:37.280]  So, basically, they're completely ignoring the requirements of the rules of evidence and the rules of due process.
[50:37.280 --> 50:45.280]  Seems like it's par for the course.
[50:45.280 --> 50:47.280]  Randy, are you there?
[50:47.280 --> 50:48.280]  Yeah, he's there.
[50:48.280 --> 50:53.280]  Somebody muted my mic again.
[50:53.280 --> 50:56.280]  I suspected that this had occurred.
[50:56.280 --> 51:10.280]  Actually, I knew it had occurred because I had found out that the attorney in this case knew nothing about the hearing.
[51:10.280 --> 51:20.280]  The hearing where this order was given, this guy's attorney wasn't there, so I knew that going in.
[51:20.280 --> 51:29.280]  So when I went to them and when I went to get the information from the court coordinator, that's the judge's secretary.
[51:29.280 --> 51:33.280]  I already knew that they weren't going to have what I was looking for.
[51:33.280 --> 51:43.280]  So they're all scrambling and digging through the records trying to find it, and I'm standing there kind of grinning at them because I know they're not going to find it.
[51:43.280 --> 51:51.280]  And that seems to be annoying them all the more because I already know something that they didn't know.
[51:51.280 --> 52:00.280]  And it turned out there was two women back there, and one of them was in a pink sweater and the other one was just in a regular, you know, street clothes.
[52:00.280 --> 52:12.280]  But a comment by the second one indicated she was a judge because she said that when attorneys bring her motions like this, she just signs them out of hand.
[52:12.280 --> 52:16.280]  And I said, oh, you do?
[52:16.280 --> 52:17.280]  Well, that's interesting.
[52:17.280 --> 52:19.280]  Then I suppose this judge did too.
[52:19.280 --> 52:25.280]  So I want to know how he managed to have these ex parte hearings.
[52:25.280 --> 52:31.280]  And this woman that was the judge was clearly agitated.
[52:31.280 --> 52:36.280]  She clearly wanted to get upset at this point, but she didn't.
[52:36.280 --> 52:38.280]  She bit her tongue and was careful.
[52:38.280 --> 52:41.280]  I was glad to see that.
[52:41.280 --> 52:50.280]  That's telling me that we caught them flat-footed, and we know they caught them flat-footed, and they know that we know.
[52:50.280 --> 52:53.280]  That's always a good position to be in.
[52:53.280 --> 53:01.280]  So in all, today worked out, I thought, extremely well, and even better because I didn't get put in jail.
[53:01.280 --> 53:05.280]  I liked that part especially well.
[53:05.280 --> 53:10.280]  Well, so where, I mean, where do you see this headed from here?
[53:10.280 --> 53:20.280]  I mean, are they have, it sounds like you all weren't actually able to file the criminal complaints or, I mean, are the complaints going to get in?
[53:20.280 --> 53:22.280]  Oh, that was perfect.
[53:22.280 --> 53:25.280]  You know, that's exactly what we wanted to happen.
[53:25.280 --> 53:30.280]  I could have cared less about that magistrate who wouldn't let me see that hearing.
[53:30.280 --> 53:33.280]  So, I mean, are the complaints going to get in?
[53:33.280 --> 53:36.280]  Are you all going to go back and get them in?
[53:36.280 --> 53:40.280]  The one I really wanted was the district attorney.
[53:40.280 --> 53:54.280]  When I talked to the captain, I told her that the, when the magistrate, when I first talked to her about this hearing,
[53:54.280 --> 53:57.280]  she said, well, do you mind if I ask why you want to see it?
[53:57.280 --> 54:04.280]  I said, well, I don't really mind you asking, but I don't want to tell you.
[54:04.280 --> 54:06.280]  You don't want to tell me?
[54:06.280 --> 54:08.280]  No, no, I don't want to tell you.
[54:08.280 --> 54:11.280]  Is there some reason you can't tell me?
[54:11.280 --> 54:12.280]  Oh, I can tell you.
[54:12.280 --> 54:15.280]  I just don't want to.
[54:15.280 --> 54:18.280]  Well, Ms. Hilton, I don't understand.
[54:18.280 --> 54:19.280]  I'm setting her up.
[54:19.280 --> 54:21.280]  She don't realize it yet.
[54:21.280 --> 54:23.280]  I said, well, okay, okay.
[54:23.280 --> 54:25.280]  I guess it's only fair.
[54:25.280 --> 54:36.280]  I want to watch this hearing because when I watch it, I'm going to witness a felony taking place.
[54:36.280 --> 54:44.280]  Oh, and I could tell by the sound in her voice, she's thinking, you no good scumbag.
[54:44.280 --> 54:47.280]  You set me up.
[54:47.280 --> 54:50.280]  Yes, as a matter of fact, I did.
[54:50.280 --> 54:58.280]  Now the captain knows that I'm looking for evidence of the commission of a felony.
[54:58.280 --> 55:01.280]  What does she do now?
[55:01.280 --> 55:04.280]  Interfere with me?
[55:04.280 --> 55:16.280]  If she interferes with me in any way at this point, I accuse her of shielding from prosecution to try to cover up a felony crime.
[55:16.280 --> 55:18.280]  So now she's on the dime.
[55:18.280 --> 55:23.280]  So when I came down to the jail, I already had her in this position.
[55:23.280 --> 55:33.280]  And while I was talking to her about the magistrate, you know, I told her I'm not really after you guys.
[55:33.280 --> 55:41.280]  I go all over the state, and I'm just verifying what I see elsewhere, and this is my first opportunity to come up to Panhandle.
[55:41.280 --> 55:48.280]  I'm a long way away from where I'm generally at, and this will verify that this goes on all over the state.
[55:48.280 --> 55:50.280]  And this is what goes on.
[55:50.280 --> 55:53.280]  And I walked through due process.
[55:53.280 --> 56:01.280]  I didn't go through the arrest and all the details on the arrest, but I did go through due process as it applies to a magistrate.
[56:01.280 --> 56:18.280]  I asked her, when the magistrate goes to the jail, when does the magistrate receive records concerning people she's going to have brought before her?
[56:18.280 --> 56:24.280]  She said, well, when the magistrate goes to the jail, they give her all the records.
[56:24.280 --> 56:25.280]  I said, the jailers give her the records?
[56:25.280 --> 56:28.280]  She said, yes.
[56:28.280 --> 56:31.280]  So she has all the records before the people are brought before her.
[56:31.280 --> 56:35.280]  She suggested, yes, she does.
[56:35.280 --> 56:38.280]  Well, that's interesting.
[56:38.280 --> 56:51.280]  Under 2.0, I'm sorry, 16.08, I believe it is, seven or eight of the Texas Code of Criminal Procedure,
[56:51.280 --> 57:03.280]  it says in an examining trial, the Texas Rules of Evidence apply, and in a normal trial, that would be considered an ex parte communication.
[57:03.280 --> 57:09.280]  So the person needs to have the opportunity to object to the evidence or rebut the evidence.
[57:09.280 --> 57:18.280]  But since the judge receives it in an ex parte hearing, in an ex parte examining trial, and it had to be an examining trial,
[57:18.280 --> 57:28.280]  because when the person is brought before the judge, the judge has already made a determination of bail.
[57:28.280 --> 57:41.280]  And according to 17.05, Texas Code of Criminal Procedure, the only time that a magistrate can take bail is after an examining trial.
[57:41.280 --> 57:43.280]  So it had to be one.
[57:43.280 --> 57:46.280]  The question is, when did it happen?
[57:46.280 --> 57:51.280]  It didn't happen when the person was in front of the judge, because she already sent bail.
[57:51.280 --> 58:03.280]  And then, once the examining trial was over, 17.30 commands the magistrate to seal all the documents had in the hearing,
[58:03.280 --> 58:07.280]  cause the name to be written across the seal, and afford it to the clerk of the proper court.
[58:07.280 --> 58:16.280]  Well, I just checked the court, and the records that are given to the magistrate, the original complaint, it's not in the court record.
[58:16.280 --> 58:20.280]  Well, somebody has them, and they happen to be an exclusion from the record.
[58:20.280 --> 58:22.280]  That's a felony.
[58:22.280 --> 58:23.280]  Exactly.
[58:23.280 --> 58:25.280]  But if we get to the rest of that, we come back.
[58:25.280 --> 58:27.280]  Yes, and we also have callers on the line.
[58:27.280 --> 58:35.280]  We've got William from Georgia and Russ from Texas, so we want to get to our callers as well.
[58:35.280 --> 58:37.280]  We'll be right back after this break.
[58:37.280 --> 59:05.280]  We have the rule of law, Randy Kelton and Deborah Stevens and Eddie Craig.
[59:05.280 --> 59:07.280]  Thank you very much.
[59:35.280 --> 01:00:00.280]  Thank you.
[01:00:00.280 --> 01:00:29.280]  Listening to the rule of law radio network at ruleoflawradio.com, live free speech talk radio at its best.
[01:00:29.280 --> 01:00:31.280]  Thank you very much.
[01:01:00.280 --> 01:01:03.280]  Okay, we are back.
[01:01:03.280 --> 01:01:10.280]  The rule of law, ruleoflawradio.com.
[01:01:10.280 --> 01:01:12.280]  We've got a couple of callers on the line.
[01:01:12.280 --> 01:01:14.280]  We're going over due process.
[01:01:14.280 --> 01:01:17.280]  We're going to continue to go over due process as the evening goes on.
[01:01:17.280 --> 01:01:25.280]  But since I gave out the caller number, and since William's been hanging on the line for a very long time, we're going to go to William in Georgia.
[01:01:25.280 --> 01:01:30.280]  William, thanks for calling in and thanks for patiently holding.
[01:01:30.280 --> 01:01:31.280]  What's on your mind tonight?
[01:01:31.280 --> 01:01:32.280]  How are you doing there?
[01:01:32.280 --> 01:01:33.280]  How's everybody doing tonight?
[01:01:33.280 --> 01:01:34.280]  Good.
[01:01:34.280 --> 01:01:39.280]  Talk with Randy last night about my case, my criminal case with the contractors.
[01:01:39.280 --> 01:01:41.280]  And I want to have two more quick questions.
[01:01:41.280 --> 01:01:46.280]  Randy, should I file an abatement or do more?
[01:01:46.280 --> 01:01:52.280]  And my second question would be, when I have an attorney, am I allowed to represent myself along with the attorney?
[01:01:52.280 --> 01:01:58.280]  Or can we do it together or do I have to give him power or do I have to do it myself?
[01:01:58.280 --> 01:02:06.280]  Okay, the attorney is going to tell you that you have to turn over control to him, and that's not true.
[01:02:06.280 --> 01:02:14.280]  What you can do, if you e-mail me, I will send you a – or actually you can look on my Web site.
[01:02:14.280 --> 01:02:15.280]  Right now I don't have it.
[01:02:15.280 --> 01:02:16.280]  I know I'll put it on there.
[01:02:16.280 --> 01:02:20.280]  I think it's under blank motions, but if it's not, I'll get it up.
[01:02:20.280 --> 01:02:30.280]  It's a choice of counsel motion, and that motion notifies the court that you do not waive your right to counsel,
[01:02:30.280 --> 01:02:39.280]  but you relegate counsel to second chair, that you still reserve the right to control your defense,
[01:02:39.280 --> 01:02:46.280]  and that the counsel is there for counsel, that you're not counseling to him.
[01:02:46.280 --> 01:02:50.280]  He's counseling to you, and you still lead the show.
[01:02:50.280 --> 01:02:56.280]  And as to a demurrer, a demurrer is a challenge to the jurisdiction.
[01:02:56.280 --> 01:03:04.280]  In Texas they don't call them demurrers at all anymore, but in other states they still call them demurrers.
[01:03:04.280 --> 01:03:09.280]  Refresh me on why you would file a challenge to the jurisdiction.
[01:03:09.280 --> 01:03:12.280]  Well, as – oh, wait.
[01:03:12.280 --> 01:03:15.280]  They file criminally against you, right?
[01:03:15.280 --> 01:03:17.280]  All right, correct.
[01:03:17.280 --> 01:03:27.280]  Okay, then, yeah, a challenge to the jurisdiction would – I don't know if you can do that.
[01:03:27.280 --> 01:03:33.280]  What grounds were you going to claim?
[01:03:33.280 --> 01:03:37.280]  They just always tell me to file a challenge to the jurisdiction.
[01:03:37.280 --> 01:03:38.280]  I don't know if they have it.
[01:03:38.280 --> 01:03:46.280]  Okay, if you're within the state and someone in the state made a criminal accusation against you,
[01:03:46.280 --> 01:03:54.280]  the prosecution has jurisdiction unless they screwed up a point of due process.
[01:03:54.280 --> 01:03:56.280]  Have you been arrested on this issue?
[01:03:56.280 --> 01:03:59.280]  Yes, I was arrested.
[01:03:59.280 --> 01:04:01.280]  I had an indictment.
[01:04:01.280 --> 01:04:04.280]  I didn't have a – I didn't have pretrial hearing.
[01:04:04.280 --> 01:04:06.280]  They did a direct indictment.
[01:04:06.280 --> 01:04:10.280]  But due process, you know, in terms of me taking to the jail,
[01:04:10.280 --> 01:04:14.280]  then taking to the county jail, spent several days before I went before Manchester,
[01:04:14.280 --> 01:04:17.280]  those sort of due processes were violated.
[01:04:17.280 --> 01:04:19.280]  Okay, you're in Georgia.
[01:04:19.280 --> 01:04:26.280]  If I have someone in Georgia, if you'll send me an email with a synopsis,
[01:04:26.280 --> 01:04:28.280]  I'll send it to my guy in Georgia.
[01:04:28.280 --> 01:04:33.280]  I can't just direct you to him unless I've asked his permission first.
[01:04:33.280 --> 01:04:38.280]  But I will send him an email, and he may want to talk to you.
[01:04:38.280 --> 01:04:43.280]  He'll be more familiar with the specifics of Georgia law than I am.
[01:04:43.280 --> 01:04:47.280]  It's in South Carolina though, Randy, right next door.
[01:04:47.280 --> 01:04:48.280]  Oh, okay.
[01:04:48.280 --> 01:04:50.280]  I have you listed as Georgia.
[01:04:50.280 --> 01:04:51.280]  Yeah, I'm in Georgia now.
[01:04:51.280 --> 01:04:53.280]  South Carolina.
[01:04:53.280 --> 01:04:55.280]  I'm trying to think of –
[01:04:55.280 --> 01:04:58.280]  He's saying the case is in South – he's saying the case is in North Carolina.
[01:04:58.280 --> 01:05:01.280]  I heard that, South Carolina.
[01:05:01.280 --> 01:05:08.280]  I'm trying to think if I have someone in South Carolina who's familiar with the details of due process
[01:05:08.280 --> 01:05:10.280]  in South Carolina.
[01:05:10.280 --> 01:05:11.280]  Right.
[01:05:11.280 --> 01:05:14.280]  Have you read the Code of Criminal Procedure?
[01:05:14.280 --> 01:05:19.280]  I have, and it doesn't – see, the way you guys describe due process,
[01:05:19.280 --> 01:05:25.280]  it doesn't say anything exactly like in other states where you have to be taken immediately to a magistrate.
[01:05:25.280 --> 01:05:26.280]  It's kind of worded differently.
[01:05:26.280 --> 01:05:31.280]  I have to recollect my memory on it, but it's kind of not worded like that.
[01:05:31.280 --> 01:05:33.280]  Like, I'm not sure.
[01:05:33.280 --> 01:05:37.280]  I haven't read it thoroughly, but I hear statewide that due process is pretty much the same,
[01:05:37.280 --> 01:05:41.280]  and I've heard you say that, but I need to read it more in detail.
[01:05:41.280 --> 01:05:46.280]  But I know you have taken the file in abatement, and I just wanted to know, which should I do now?
[01:05:46.280 --> 01:05:50.280]  The attorney I have, he's just running me through the system, you know,
[01:05:50.280 --> 01:05:57.280]  and he hasn't filed any pretrial motions, he hasn't filed anything.
[01:05:57.280 --> 01:06:00.280]  You start hitting him with bar grievances.
[01:06:00.280 --> 01:06:02.280]  Is he court-appointed or did you hire him?
[01:06:02.280 --> 01:06:03.280]  I hired him.
[01:06:03.280 --> 01:06:08.280]  He's supposed to be – you know, he just ran for judge, so he's supposed to be all that in a bag of chips,
[01:06:08.280 --> 01:06:10.280]  but he just lost runs.
[01:06:10.280 --> 01:06:12.280]  File bar grievances.
[01:06:12.280 --> 01:06:19.280]  If you can find any due process issue that needs to be handled or any issue that should have been handled,
[01:06:19.280 --> 01:06:24.280]  and generally prior to trial, there should be about 20 or 30 motions filed.
[01:06:24.280 --> 01:06:33.280]  An unlimited motion, a Brady motion, a – if you suspect that the original complaint was insufficient,
[01:06:33.280 --> 01:06:37.280]  a – what do you call a motion?
[01:06:37.280 --> 01:06:38.280]  I forget.
[01:06:38.280 --> 01:06:39.280]  I'll think of it in a minute.
[01:06:39.280 --> 01:06:44.280]  It's a motion to determine the veracity of the complainant.
[01:06:44.280 --> 01:06:50.280]  There's a lot of motions that should be filed in your defense if the – if your attorney has a –
[01:06:50.280 --> 01:06:55.280]  file a bar grievance against him for not properly adjudicating your case,
[01:06:55.280 --> 01:07:01.280]  and the first thing he's going to want to do is remove himself from your case,
[01:07:01.280 --> 01:07:03.280]  and you tell him, no way.
[01:07:03.280 --> 01:07:06.280]  You are under contract, Bubba.
[01:07:06.280 --> 01:07:11.280]  You don't get to walk away just because you don't want to do your job.
[01:07:11.280 --> 01:07:12.280]  Right.
[01:07:12.280 --> 01:07:14.280]  And put him in a position to do it.
[01:07:14.280 --> 01:07:18.280]  Even though I have him, can I file motions myself and all this documentation?
[01:07:18.280 --> 01:07:20.280]  Can I do it myself?
[01:07:20.280 --> 01:07:22.280]  Yeah, I do that all the time.
[01:07:22.280 --> 01:07:28.280]  And Kathy, who just called earlier, we've used a method to do that.
[01:07:28.280 --> 01:07:35.280]  If you ask your attorney to file it, he'll refuse, and a lot of times if you go to file one yourself
[01:07:35.280 --> 01:07:40.280]  and the clerk looks at the file and sees you have an attorney, she'll give you some argument.
[01:07:40.280 --> 01:07:50.280]  So to avoid all of that, what I do is make up my motion, put it in an envelope with the other three copies,
[01:07:50.280 --> 01:08:01.280]  and I take two manila envelopes, put one copy in the envelope, have the post office weigh it and stamp it,
[01:08:01.280 --> 01:08:11.280]  and then I put an address on it, one address back to me, one addressed to my attorney, I'm sorry,
[01:08:11.280 --> 01:08:16.280]  I put three extras, and one addressed to the prosecutor.
[01:08:16.280 --> 01:08:20.280]  And so I send the clerk four copies.
[01:08:20.280 --> 01:08:26.280]  She stamps one and keeps one, and attorneys do this all the time, so they'll recognize the procedure,
[01:08:26.280 --> 01:08:32.280]  and you put a letter in there to ask her to stamp the original, it'll be on the top, and you can write on it,
[01:08:32.280 --> 01:08:41.280]  original, stamp the original, put it in her records, stamp each of the other three, put a copy in each envelope,
[01:08:41.280 --> 01:08:47.280]  included envelope, and put it in the mail back to the individuals involved.
[01:08:47.280 --> 01:08:50.280]  Now, attorneys do this all the time.
[01:08:50.280 --> 01:08:58.280]  And the return address on the original envelope that you send everything to the clerk with,
[01:08:58.280 --> 01:09:02.280]  you put your attorney's return address on it.
[01:09:02.280 --> 01:09:06.280]  So she'll think it came from your attorney.
[01:09:06.280 --> 01:09:11.280]  And they do this all the time, so it won't even pay attention, they'll just open it, stamp, stamp, stamp, stamp,
[01:09:11.280 --> 01:09:17.280]  stick them in the envelopes, send the three out, drop one in the file, life is good.
[01:09:17.280 --> 01:09:20.280]  And then your attorney gets his copy.
[01:09:20.280 --> 01:09:21.280]  Do I put my name?
[01:09:21.280 --> 01:09:24.280]  I don't put the attorney's name, I just put my name, because they're not going to pay attention to that.
[01:09:24.280 --> 01:09:25.280]  Yes.
[01:09:25.280 --> 01:09:26.280]  Yeah.
[01:09:26.280 --> 01:09:27.280]  Okay.
[01:09:27.280 --> 01:09:34.280]  Send her four copies inside of one envelope, or send the envelopes and the copies inside of one envelope,
[01:09:34.280 --> 01:09:40.280]  address to me, one to the attorney, one to me, one for her to keep, and...
[01:09:40.280 --> 01:09:45.280]  One to opposing counsel, to the prosecutor.
[01:09:45.280 --> 01:09:46.280]  Right, to the prosecutor.
[01:09:46.280 --> 01:09:49.280]  Prosecutor, your attorney, you.
[01:09:49.280 --> 01:09:51.280]  Right, so it's three copies in there.
[01:09:51.280 --> 01:09:53.280]  Four, you said, but three.
[01:09:53.280 --> 01:10:02.280]  Yeah, original for the court, and then one for each, your attorney there, the state's attorney, and one copy for you.
[01:10:02.280 --> 01:10:03.280]  Okay.
[01:10:03.280 --> 01:10:10.280]  So this way, first your attorney knows about them being filed if he gets his copy back in the mail.
[01:10:10.280 --> 01:10:11.280]  Gotcha.
[01:10:11.280 --> 01:10:16.280]  And once they're filed, there's no unfiling them.
[01:10:16.280 --> 01:10:17.280]  Right.
[01:10:17.280 --> 01:10:21.280]  Because we've got some good motions to file.
[01:10:21.280 --> 01:10:28.280]  Once you've read through the general statutes on criminal procedure in North Carolina,
[01:10:28.280 --> 01:10:36.280]  you'll know a whole lot more about what's going on and about what your attorney should be doing.
[01:10:36.280 --> 01:10:42.280]  And anywhere he's not doing what he should be doing, you can file a bar grievance.
[01:10:42.280 --> 01:10:48.280]  You file that first one against him and never say a word to him about it, just file it.
[01:10:48.280 --> 01:10:49.280]  Right.
[01:10:49.280 --> 01:10:56.280]  And when he gets it, if he mentions it to you, you tell him, naughty, naughty, this is secret.
[01:10:56.280 --> 01:11:01.280]  If you want to talk to this, about this to anyone, you talk to the state bar.
[01:11:01.280 --> 01:11:04.280]  Don't even think about talking to me about it.
[01:11:04.280 --> 01:11:05.280]  Right.
[01:11:05.280 --> 01:11:13.280]  And then if he attempts to get removed from the case, you'll have to do that with a motion to the court.
[01:11:13.280 --> 01:11:15.280]  And he has to notice you.
[01:11:15.280 --> 01:11:21.280]  And when he does, you send a notice to the court, don't you dare remove him from my case.
[01:11:21.280 --> 01:11:22.280]  He's my attorney.
[01:11:22.280 --> 01:11:25.280]  He's under private contract to me.
[01:11:25.280 --> 01:11:27.280]  You butt out.
[01:11:27.280 --> 01:11:31.280]  And the judge is going to tell you that he has authority to remove him.
[01:11:31.280 --> 01:11:33.280]  And we'll remove him.
[01:11:33.280 --> 01:11:36.280]  We're going to keep him and to keep the attorney regardless.
[01:11:36.280 --> 01:11:37.280]  You better.
[01:11:37.280 --> 01:11:39.280]  Okay.
[01:11:39.280 --> 01:11:43.280]  Because now you kicked your attorney right square in his teeth.
[01:11:43.280 --> 01:11:48.280]  And now he wants to prop you like a hot potato and you don't let it.
[01:11:48.280 --> 01:11:49.280]  Right.
[01:11:49.280 --> 01:11:53.280]  You get in there and you do your job, or you'll wind up with three bar grievances,
[01:11:53.280 --> 01:11:56.280]  and you not only will not be able to have your own practice,
[01:11:56.280 --> 01:11:58.280]  you won't be able to work for another law firm.
[01:11:58.280 --> 01:12:03.280]  Because even your law firm wouldn't be able to get malpractice insurance if they hired you.
[01:12:03.280 --> 01:12:05.280]  That's the weakness.
[01:12:05.280 --> 01:12:09.280]  You give your attorney plausible deniability.
[01:12:09.280 --> 01:12:15.280]  Now he has to go to the judge and say, judge, I'm sorry I have to do my job,
[01:12:15.280 --> 01:12:18.280]  but this guy's kicking my behind.
[01:12:18.280 --> 01:12:19.280]  Right.
[01:12:19.280 --> 01:12:25.280]  So instead of working together, they can still work together.
[01:12:25.280 --> 01:12:28.280]  But instead of working together to screw you royal,
[01:12:28.280 --> 01:12:33.280]  they're working together to keep you from screwing one of their buddies royal.
[01:12:33.280 --> 01:12:34.280]  That's right.
[01:12:34.280 --> 01:12:37.280]  And the way they do that is do their job.
[01:12:37.280 --> 01:12:38.280]  That's right.
[01:12:38.280 --> 01:12:40.280]  And that's true abatement.
[01:12:40.280 --> 01:12:42.280]  Randy?
[01:12:42.280 --> 01:12:43.280]  Yes.
[01:12:43.280 --> 01:12:47.280]  You do have some abatement I was looking for, Myron and Danny.
[01:12:47.280 --> 01:12:52.280]  I don't have much faith in abatement, especially in criminal cases.
[01:12:52.280 --> 01:12:53.280]  Okay.
[01:12:53.280 --> 01:13:00.280]  I think it would be a waste of your time and also a waste of your credibility.
[01:13:00.280 --> 01:13:02.280]  So don't do an abatement.
[01:13:02.280 --> 01:13:03.280]  I wouldn't do an abatement.
[01:13:03.280 --> 01:13:05.280]  It would serve no purpose.
[01:13:05.280 --> 01:13:09.280]  What would be the first thing you would do?
[01:13:09.280 --> 01:13:12.280]  Challenge to the jurisdiction if you can find one.
[01:13:12.280 --> 01:13:16.280]  And the way to look for a challenge to the jurisdiction,
[01:13:16.280 --> 01:13:22.280]  you want to see the transcripts of the testimony before the grand jury.
[01:13:22.280 --> 01:13:28.280]  You want to see a witness list for the grand jury in your case.
[01:13:28.280 --> 01:13:29.280]  Okay.
[01:13:29.280 --> 01:13:33.280]  The people who are competent fact witnesses,
[01:13:33.280 --> 01:13:40.280]  who have personal knowledge of the circumstances can testify before the grand jury.
[01:13:40.280 --> 01:13:48.280]  The police officer who has, who can, like any other citizen, file a criminal complaint,
[01:13:48.280 --> 01:13:55.280]  based on reason to believe, based on hearsay information,
[01:13:55.280 --> 01:14:02.280]  he can't testify to that hearsay information to the grand jury because it's hearsay.
[01:14:02.280 --> 01:14:06.280]  Before the grand jury, they have to bring the competent fact witness to testify.
[01:14:06.280 --> 01:14:11.280]  And if you get the witness list for the grand jury and no competent fact witnesses on there,
[01:14:11.280 --> 01:14:18.280]  you challenge jurisdiction, move to question indictment.
[01:14:18.280 --> 01:14:23.280]  And then look at, if they get past that, if they actually call the witness,
[01:14:23.280 --> 01:14:29.280]  did you want the transcript of the grand jury hearing and find out what they testify to?
[01:14:29.280 --> 01:14:38.280]  And make sure that the testimony they give is sufficient on its face to warn of finding a probable cause.
[01:14:38.280 --> 01:14:41.280]  That's the next step.
[01:14:41.280 --> 01:14:50.280]  And look at the complaint and the information to make sure they comport with law.
[01:14:50.280 --> 01:14:58.280]  This is really detailed stuff, but, and it won't end the prosecution totally,
[01:14:58.280 --> 01:15:05.280]  but it will, if you can find a flaw in the presentation documentation to the grand jury,
[01:15:05.280 --> 01:15:09.280]  you can quash and they'll have to re-indict you.
[01:15:09.280 --> 01:15:15.280]  And if you've kicked them around enough in the meantime, they may not want to.
[01:15:15.280 --> 01:15:21.280]  So, Randy, does the statute apply to me?
[01:15:21.280 --> 01:15:23.280]  Which statute?
[01:15:23.280 --> 01:15:26.280]  The South Carolina statute that they charged me with.
[01:15:26.280 --> 01:15:30.280]  Does that apply to me or does that, or common law applies to me?
[01:15:30.280 --> 01:15:36.280]  Okay, here, they charged me with aggravated assault, right?
[01:15:36.280 --> 01:15:43.280]  No, they charged me with pointing and presenting a firearm under the statute of Charleston County,
[01:15:43.280 --> 01:15:45.280]  or the city of Charleston, whatever it was.
[01:15:45.280 --> 01:15:46.280]  Wait a minute.
[01:15:46.280 --> 01:15:52.280]  It's a county statute and not a state law?
[01:15:52.280 --> 01:15:53.280]  No, it's a statute.
[01:15:53.280 --> 01:15:57.280]  They tried it with the South Carolina statute, blah, blah, blah, blah,
[01:15:57.280 --> 01:16:01.280]  so pointing and presenting a firearm.
[01:16:01.280 --> 01:16:03.280]  It had to be since it's an indictment.
[01:16:03.280 --> 01:16:09.280]  So, where was I?
[01:16:09.280 --> 01:16:11.280]  Does the statute apply to you?
[01:16:11.280 --> 01:16:14.280]  Yes, the statute's going to apply to you.
[01:16:14.280 --> 01:16:19.280]  There are people who say, oh, you're a sovereign and the law don't apply to you.
[01:16:19.280 --> 01:16:23.280]  Well, there are guys in jail saying that.
[01:16:23.280 --> 01:16:28.280]  The judge and the prosecutor and the police, they all think it applies to you.
[01:16:28.280 --> 01:16:30.280]  They're going to act like it does.
[01:16:30.280 --> 01:16:33.280]  And they're going to throw you in jail just like it did apply.
[01:16:33.280 --> 01:16:38.280]  So, I wouldn't try to bank on that.
[01:16:38.280 --> 01:16:41.280]  All right, listen, listen, we're going to break.
[01:16:41.280 --> 01:16:43.280]  William, you want to hang on the line?
[01:16:43.280 --> 01:16:44.280]  Thank you.
[01:16:44.280 --> 01:16:45.280]  Okay, sure.
[01:16:45.280 --> 01:16:49.280]  And we've also got Russell from Texas as well.
[01:16:49.280 --> 01:16:59.280]  All right, we will be right back.
[01:17:19.280 --> 01:17:47.280]  We'll be right back.
[01:17:47.280 --> 01:17:50.280]  When ordering from survivalgearsource.com,
[01:17:50.280 --> 01:17:54.280]  remember to use promo code ruleoflawradio.com.
[01:17:54.280 --> 01:18:16.280]  Again, that special promo code is ruleoflawradio.com.
[01:18:16.280 --> 01:18:17.280]  Okay, we are back.
[01:18:17.280 --> 01:18:27.280]  We're talking with William in Georgia concerning the statutes regarding firearms
[01:18:27.280 --> 01:18:29.280]  and what they're trying to accuse him of.
[01:18:29.280 --> 01:18:32.280]  So, go ahead, Randy.
[01:18:32.280 --> 01:18:33.280]  Randy?
[01:18:33.280 --> 01:18:39.280]  Yeah, we were saying about whether the statutes apply.
[01:18:39.280 --> 01:18:41.280]  Right.
[01:18:41.280 --> 01:18:42.280]  There may be a question about that.
[01:18:42.280 --> 01:18:46.280]  You know, a lot of people talk about how will sovereigns
[01:18:46.280 --> 01:18:54.280]  and the law only applies to the straw man and I'm the natural man on the land.
[01:18:54.280 --> 01:18:59.280]  This is an argument I've never seen keep somebody out of jail.
[01:18:59.280 --> 01:19:02.280]  I'm not saying the argument's not valid.
[01:19:02.280 --> 01:19:03.280]  I don't know.
[01:19:03.280 --> 01:19:06.280]  It hasn't been my area of study.
[01:19:06.280 --> 01:19:10.280]  But I've never seen it keep someone out of jail.
[01:19:10.280 --> 01:19:16.280]  What I have seen it do is get people put in jail that otherwise would not have
[01:19:16.280 --> 01:19:23.280]  because they acted from presuppositions that the law did not apply.
[01:19:23.280 --> 01:19:26.280]  Well, I've heard of cases where it does keep people out of jail,
[01:19:26.280 --> 01:19:28.280]  but you have to really, really know what you're doing
[01:19:28.280 --> 01:19:32.280]  and study commercial law for a long, long time.
[01:19:32.280 --> 01:19:37.280]  I've heard people say that, but when I go check the records, I haven't found it yet.
[01:19:37.280 --> 01:19:39.280]  And I'm not saying it doesn't happen.
[01:19:39.280 --> 01:19:42.280]  It's just I don't have personal experience of it.
[01:19:42.280 --> 01:19:45.280]  And they may be right.
[01:19:45.280 --> 01:19:47.280]  It may be absolutely valid.
[01:19:47.280 --> 01:19:49.280]  Well, like I said, I have seen cases where it does,
[01:19:49.280 --> 01:19:51.280]  but you have to really know what you're doing
[01:19:51.280 --> 01:19:54.280]  and have studied this kind of thing for a long time.
[01:19:54.280 --> 01:19:56.280]  I can't just say it doesn't apply to me.
[01:19:56.280 --> 01:20:00.280]  It's not for beginners, put it that way.
[01:20:00.280 --> 01:20:01.280]  That's right.
[01:20:01.280 --> 01:20:08.280]  And it's really not necessary because we have enough checks and balances in the law as it exists
[01:20:08.280 --> 01:20:15.280]  that these guys think apply, that we don't have to go to an esoteric argument
[01:20:15.280 --> 01:20:20.280]  that the judge and the prosecutor, nobody's going to be familiar with.
[01:20:20.280 --> 01:20:25.280]  We have things that they are very familiar with, like what I was doing today.
[01:20:25.280 --> 01:20:30.280]  I quoted 1705, 1730, 3903.
[01:20:30.280 --> 01:20:37.280]  They recognize every one of these, and there's no question about whether they apply or not.
[01:20:37.280 --> 01:20:41.280]  And I'm using them against them, and they know full well they apply.
[01:20:41.280 --> 01:20:48.280]  So it eliminates an extra battle that you don't have to fight.
[01:20:48.280 --> 01:20:56.280]  So I wouldn't go there at all unless I have some real good intelligence on that issue.
[01:20:56.280 --> 01:21:00.280]  Well, besides the fact that we hardly ever go to the merits of the case anyway,
[01:21:00.280 --> 01:21:04.280]  we look at what they do wrong and how they break the law.
[01:21:04.280 --> 01:21:08.280]  That's how we win.
[01:21:08.280 --> 01:21:12.280]  Don't even worry about whether it applies to you or not.
[01:21:12.280 --> 01:21:17.280]  Just look at what these guys are doing wrong and how they're breaking the law.
[01:21:17.280 --> 01:21:19.280]  That's true.
[01:21:19.280 --> 01:21:26.280]  I've almost never seen a case where they come even anywhere near close to following the law.
[01:21:26.280 --> 01:21:32.280]  And this is what I was talking about, and Eddie's a perfect example.
[01:21:32.280 --> 01:21:36.280]  The problem is not finding someone to file them with against them.
[01:21:36.280 --> 01:21:38.280]  There's plenty.
[01:21:38.280 --> 01:21:41.280]  You file, what, 400?
[01:21:41.280 --> 01:21:44.280]  400 criminal complaints, and they're stacking up all the time.
[01:21:44.280 --> 01:21:50.280]  And it gets almost to be a problem that there are so many.
[01:21:50.280 --> 01:21:56.280]  It kind of looks bad when you come in with 400 criminal complaints.
[01:21:56.280 --> 01:22:01.280]  It looks like you're stacking allegations, but you're not.
[01:22:01.280 --> 01:22:08.280]  They really are violating this mini-loss, and they absolutely have no clue they're doing it.
[01:22:08.280 --> 01:22:14.280]  So when you start looking at due process and what they're supposed to do,
[01:22:14.280 --> 01:22:21.280]  finding charges to file piece of cake, sorting through those charges
[01:22:21.280 --> 01:22:26.280]  and finding the ones that will serve your intended outcome the best,
[01:22:26.280 --> 01:22:31.280]  that's what takes some effort in what I was doing today.
[01:22:31.280 --> 01:22:40.280]  I was trying to be very careful not to create complaints that I didn't want to have to deal with,
[01:22:40.280 --> 01:22:44.280]  trying not to create fights I didn't want to have,
[01:22:44.280 --> 01:22:50.280]  because in these kind of circumstances, it's really easy to do.
[01:22:50.280 --> 01:23:00.280]  And I appreciated these officials because they didn't give me extra fights that I didn't want to have.
[01:23:00.280 --> 01:23:07.280]  I even told the guy that I was pretty hard on you, and you didn't lose your cool.
[01:23:07.280 --> 01:23:11.280]  And I let him know that I appreciated that.
[01:23:11.280 --> 01:23:12.280]  Well, I'm with Denver.
[01:23:12.280 --> 01:23:15.280]  I know that the statute things and fighting it that way.
[01:23:15.280 --> 01:23:23.280]  I've seen several guys that really know, and they break it down how the statute don't apply to them,
[01:23:23.280 --> 01:23:26.280]  and they kill them almost every single time.
[01:23:26.280 --> 01:23:30.280]  When you really, really know it and you can stand on it, it is effective.
[01:23:30.280 --> 01:23:36.280]  And it's another tool on top of the other violations of law that they do, but it does work.
[01:23:36.280 --> 01:23:41.280]  Yes. I want to have that information.
[01:23:41.280 --> 01:23:45.280]  I want to be able to use that particular tool.
[01:23:45.280 --> 01:23:51.280]  But I don't have the hard information I need, and I haven't been able to get it.
[01:23:51.280 --> 01:23:55.280]  I always wind up getting there on speculation.
[01:23:55.280 --> 01:23:59.280]  They lead me up with law to a certain point,
[01:23:59.280 --> 01:24:06.280]  and then there's this place where they jump over a little hard spot with speculation.
[01:24:06.280 --> 01:24:12.280]  You may win a couple because the judge himself doesn't know what you're talking about,
[01:24:12.280 --> 01:24:15.280]  and he doesn't want to get in the fight if he can avoid it.
[01:24:15.280 --> 01:24:18.280]  So he lets them go rather than fight it.
[01:24:18.280 --> 01:24:26.280]  I would never trust a win that I wasn't absolutely certain was based on solid law,
[01:24:26.280 --> 01:24:34.280]  because you wind up getting complacent and careless, and it will come back to bite you good.
[01:24:34.280 --> 01:24:36.280]  Okay. We need to move along. We've got more.
[01:24:36.280 --> 01:24:39.280]  Russ has been holding a long time.
[01:24:39.280 --> 01:24:42.280]  Did you get all your questions answered, William?
[01:24:42.280 --> 01:24:44.280]  I did. I got most of them. I'm pretty good.
[01:24:44.280 --> 01:24:46.280]  I'll wait for you in that show if I have any more.
[01:24:46.280 --> 01:24:48.280]  All right. Thank you, William.
[01:24:48.280 --> 01:24:49.280]  Thank you.
[01:24:49.280 --> 01:24:51.280]  Okay. We've got Russell from Texas.
[01:24:51.280 --> 01:24:54.280]  Hey, Russell, thanks for calling in. What's on your mind tonight?
[01:24:54.280 --> 01:24:58.280]  Well, tell William that he's already got the case won,
[01:24:58.280 --> 01:25:04.280]  because South Carolina is one of the seven states that do not allow lawyers and representation
[01:25:04.280 --> 01:25:13.280]  at the first appearance before a magistrate by Rothgarry v. Gillespie County, Texas.
[01:25:13.280 --> 01:25:16.280]  Ah. One of the seven.
[01:25:16.280 --> 01:25:24.280]  Alabama, Colorado, Kansas, Oklahoma, South Carolina, Texas, and Virginia.
[01:25:24.280 --> 01:25:29.280]  Wonderful. So that's a challenge you can make to the jurisdiction.
[01:25:29.280 --> 01:25:34.280]  That's right. That's the main thing he's got right now.
[01:25:34.280 --> 01:25:43.280]  He can play their little game and lose and go take it to the appeal court just by that.
[01:25:43.280 --> 01:25:50.280]  That may be an issue you will want to bring prior to conviction,
[01:25:50.280 --> 01:25:54.280]  because counsel can be waived.
[01:25:54.280 --> 01:26:04.280]  If you don't raise an objection to counsel before you go to trial as a rule, then you waive it.
[01:26:04.280 --> 01:26:11.280]  Not according to the Supreme Court. You don't waive this matter when it's not provided.
[01:26:11.280 --> 01:26:19.280]  Well, did the court say that you don't have to ask for it?
[01:26:19.280 --> 01:26:25.280]  Here in Texas, the statute specifically says it has to knowingly be waived.
[01:26:25.280 --> 01:26:29.280]  If it's waived simply upon a presumption it wasn't provided.
[01:26:29.280 --> 01:26:39.280]  That's right. It actually says it must be waived in open court with counsel.
[01:26:39.280 --> 01:26:44.280]  No, it is. It has to be knowingly waived. It's not presumed waived.
[01:26:44.280 --> 01:26:51.280]  I'm sorry. I'm thinking of the right to indictment.
[01:26:51.280 --> 01:26:53.280]  In Texas, it's done later.
[01:26:53.280 --> 01:26:56.280]  I'm sorry. I made a mistake.
[01:26:56.280 --> 01:26:59.280]  What was that, Russell?
[01:26:59.280 --> 01:27:03.280]  In Texas, you're not given a lawyer until afterwards.
[01:27:03.280 --> 01:27:05.280]  You've already been before the magistrate.
[01:27:05.280 --> 01:27:09.280]  According to the Supreme Court, they have to do it then.
[01:27:09.280 --> 01:27:10.280]  Yes.
[01:27:10.280 --> 01:27:17.280]  Or else you've got a due process violation and you've got an overturned case that could be overturned.
[01:27:17.280 --> 01:27:23.280]  Right, and you have a right to fairness in the first instance.
[01:27:23.280 --> 01:27:29.280]  What I was going to suggest to you, Randy, is when those people ask you why you want to see the magistrations and stuff,
[01:27:29.280 --> 01:27:31.280]  that's one of the things you can say.
[01:27:31.280 --> 01:27:39.280]  Well, you are aware that by the Supreme Court decisions, these people at the magistrations have right to counsel.
[01:27:39.280 --> 01:27:46.280]  And I want to see if you're going by the law or you are not going abiding by the law.
[01:27:46.280 --> 01:27:50.280]  Yeah, I was really trying to bait her.
[01:27:50.280 --> 01:27:55.280]  I didn't want to give her too much information.
[01:27:55.280 --> 01:27:59.280]  I really didn't want to tell her what the felony was.
[01:27:59.280 --> 01:28:04.280]  And I didn't until the judge refused to allow me to see the hearing.
[01:28:04.280 --> 01:28:11.280]  Now I'm making a criminal accusation, so now I can tell her the rest of the story.
[01:28:11.280 --> 01:28:14.280]  And that actually helped quite a bit.
[01:28:14.280 --> 01:28:17.280]  It helped with my credibility.
[01:28:17.280 --> 01:28:24.280]  Well, I just thought it might be a little bit better to at some point in time say that,
[01:28:24.280 --> 01:28:31.280]  and maybe we can start getting these idiots throughout this state to start recognizing that the Supreme Court said
[01:28:31.280 --> 01:28:36.280]  what they do every day is illegal.
[01:28:36.280 --> 01:28:41.280]  Because they do this on a daily basis, 24 hours a day, seven days a week.
[01:28:41.280 --> 01:28:48.280]  They don't give people counsel when they come before the magistrate the first time.
[01:28:48.280 --> 01:28:56.280]  In this case today, all I was doing was setting up the district attorney.
[01:28:56.280 --> 01:29:06.280]  And I gave the captain enough so that she would feel compromised.
[01:29:06.280 --> 01:29:08.280]  And she clearly did.
[01:29:08.280 --> 01:29:14.280]  She asked me a question, and I made her wish to heck she hadn't answered it,
[01:29:14.280 --> 01:29:18.280]  because I gave her an answer that put her in a bad situation.
[01:29:18.280 --> 01:29:26.280]  And all I really was after was getting to the district attorney.
[01:29:26.280 --> 01:29:30.280]  So I didn't care about the magistrate at all.
[01:29:30.280 --> 01:29:34.280]  So I didn't want to make that argument too heavy at that point,
[01:29:34.280 --> 01:29:39.280]  because it really was off point to where I was going.
[01:29:39.280 --> 01:29:42.280]  All right, Russell, why don't you hang on the line, because we're going to break.
[01:29:42.280 --> 01:29:44.280]  Okay.
[01:29:44.280 --> 01:29:46.280]  All right, very good.
[01:29:46.280 --> 01:29:50.280]  Callers, you like to call in 512-646-1984.
[01:29:50.280 --> 01:29:51.280]  We've got open lines.
[01:29:51.280 --> 01:29:58.280]  We will be right back.
[01:29:58.280 --> 01:30:00.280]  Gold prices are at historic highs.
[01:30:00.280 --> 01:30:03.280]  And with the recent pullback, this is a great time to buy.
[01:30:03.280 --> 01:30:07.280]  With the value of the dollar, risks of inflation, geopolitical uncertainties,
[01:30:07.280 --> 01:30:11.280]  and instability in rural financial systems, I see gold going up much higher.
[01:30:11.280 --> 01:30:14.280]  Hi, I'm Tim Fry at Roberts & Roberts Brokerage.
[01:30:14.280 --> 01:30:18.280]  Everybody should have some of their assets in investment grade precious metals.
[01:30:18.280 --> 01:30:21.280]  At Roberts & Roberts Brokerage, you can buy gold, silver, and platinum
[01:30:21.280 --> 01:30:27.280]  with confidence from a brokerage that specialized in the precious metals market since 1977.
[01:30:27.280 --> 01:30:31.280]  If you are new to precious metals, we will happily provide you with the information you need
[01:30:31.280 --> 01:30:35.280]  to make an informed decision whether or not you choose to purchase from us.
[01:30:35.280 --> 01:30:38.280]  Also, Roberts & Roberts Brokerage values your privacy
[01:30:38.280 --> 01:30:43.280]  and will always advise you in the event that we would be required to report any transaction.
[01:30:43.280 --> 01:30:46.280]  If you have gold, silver, or platinum you'd like to sell,
[01:30:46.280 --> 01:30:48.280]  we can convert it for immediate payment.
[01:30:48.280 --> 01:30:52.280]  Call us at 800-874-9760.
[01:30:52.280 --> 01:30:54.280]  We're Roberts & Roberts Brokerage.
[01:30:54.280 --> 01:30:58.280]  800-874-9760.
[01:30:58.280 --> 01:31:27.280]  Music
[01:31:27.280 --> 01:31:34.280]  Stop! What's the time? Everybody look what's going down.
[01:31:57.280 --> 01:32:08.280]  Come behind. Stop! What's the sound? Everybody look what's going down.
[01:32:27.280 --> 01:32:30.280]  Music
[01:32:30.280 --> 01:32:37.280]  Alright, we are back. Hooray for our side.
[01:32:37.280 --> 01:32:42.280]  Okay, we are speaking right now with Russell from Texas.
[01:32:42.280 --> 01:32:46.280]  Okay, Russell, go ahead.
[01:32:46.280 --> 01:32:52.280]  No, I just wanted to talk to Randy about maybe he should consider telling them
[01:32:52.280 --> 01:32:58.280]  the more we get out about, especially here in Texas, of these people violating your
[01:32:58.280 --> 01:33:02.280]  Sixth and Fourteenth Amendment right because of them not having,
[01:33:02.280 --> 01:33:05.280]  allowing you to have counsel when you're taken before magistrate,
[01:33:05.280 --> 01:33:08.280]  whether you've been arrested with a warrant or without,
[01:33:08.280 --> 01:33:13.280]  because the Supreme Court has ruled three times now that you have a right to counsel,
[01:33:13.280 --> 01:33:16.280]  and that right is being violated.
[01:33:16.280 --> 01:33:20.280]  So even if you've been through a trial and convicted and everything else,
[01:33:20.280 --> 01:33:27.280]  that was still, that whole thing started off a violation of your due process rights,
[01:33:27.280 --> 01:33:30.280]  and you can have it overturned.
[01:33:30.280 --> 01:33:33.280]  Yeah, and that's a good backup plan.
[01:33:33.280 --> 01:33:36.280]  As far as what you're saying about getting the idiots to do it right the first time,
[01:33:36.280 --> 01:33:38.280]  Russell, it's a simple fact.
[01:33:38.280 --> 01:33:42.280]  They're willing to ignore the very law that governs their actions to begin with
[01:33:42.280 --> 01:33:44.280]  that's right in their own state.
[01:33:44.280 --> 01:33:48.280]  They're not very likely on their own accord to pay attention to a Supreme Court ruling.
[01:33:48.280 --> 01:33:54.280]  They're not constantly slapped across the face with like a wet mackerel.
[01:33:54.280 --> 01:34:01.280]  Oh, I fully agree, but there is maybe out there in those few counties that would
[01:34:01.280 --> 01:34:04.280]  look at that stuff and maybe try to, you know,
[01:34:04.280 --> 01:34:08.280]  Randy has straightened out a few counties around here, but, you know,
[01:34:08.280 --> 01:34:10.280]  they still have problems.
[01:34:10.280 --> 01:34:18.280]  We started hammering them when I come back for the judge.
[01:34:18.280 --> 01:34:23.280]  What I expect to happen is after I hammer the district attorney for a while,
[01:34:23.280 --> 01:34:28.280]  and the judge has to sit back there and watch me pound on the district attorney,
[01:34:28.280 --> 01:34:31.280]  who he's afraid of, frankly.
[01:34:31.280 --> 01:34:34.280]  And he sees me pounding on the district attorney.
[01:34:34.280 --> 01:34:38.280]  Next to the district attorney, he's dog meat.
[01:34:38.280 --> 01:34:40.280]  For me, he's cannon fodder.
[01:34:40.280 --> 01:34:44.280]  So he's got to figure when I get done with the prosecuting attorney,
[01:34:44.280 --> 01:34:49.280]  I'm coming back after him because I'm kicking the prosecuting attorney for not
[01:34:49.280 --> 01:34:52.280]  throwing him in jail.
[01:34:52.280 --> 01:34:55.280]  This is how I get their attention.
[01:34:55.280 --> 01:35:02.280]  And then we can go back and the judge can change his behavior without being
[01:35:02.280 --> 01:35:06.280]  under the gun and save face.
[01:35:06.280 --> 01:35:10.280]  It's a whole lot easier to get them to adjust policies when you don't have
[01:35:10.280 --> 01:35:12.280]  your foot on their throat.
[01:35:12.280 --> 01:35:16.280]  And they can do it and save face to keep from having this trouble happen in
[01:35:16.280 --> 01:35:19.280]  the future.
[01:35:19.280 --> 01:35:25.280]  But in this particular case, that wasn't where I was going or I would have
[01:35:25.280 --> 01:35:29.280]  done exactly what you were talking about, Russell.
[01:35:29.280 --> 01:35:33.280]  First thing I want to do is educate the judge.
[01:35:33.280 --> 01:35:39.280]  And I educate the judge by accusing the judge of committing criminal acts.
[01:35:39.280 --> 01:35:42.280]  And I explain to the judge, you know, I'm sorry I have to follow these
[01:35:42.280 --> 01:35:46.280]  complaints and stuff, and it's nothing personal.
[01:35:46.280 --> 01:35:50.280]  But here's what you did and here's the crime you committed.
[01:35:50.280 --> 01:35:53.280]  And then here's what you did here and here's the crime you committed here.
[01:35:53.280 --> 01:36:01.280]  And if I can give them some pressure that way, then if they don't change,
[01:36:01.280 --> 01:36:03.280]  then I move against them.
[01:36:03.280 --> 01:36:07.280]  In this case, I just set up the magistrate because I knew exactly what
[01:36:07.280 --> 01:36:09.280]  you would do.
[01:36:09.280 --> 01:36:14.280]  But this Rothian case was really a great find.
[01:36:14.280 --> 01:36:17.280]  And Russell found this, frankly.
[01:36:17.280 --> 01:36:24.280]  It was a wonderful find because the Supreme Court just riddled Texas.
[01:36:24.280 --> 01:36:27.280]  They vilified them for what they were doing.
[01:36:27.280 --> 01:36:31.280]  So they have no, there's no way they can argue around them.
[01:36:31.280 --> 01:36:38.280]  And since it's an October 2008 case, they don't get much newer than that.
[01:36:38.280 --> 01:36:43.280]  Well, they also, there's one of your bar grievances against your criminal
[01:36:43.280 --> 01:36:47.280]  attorney, defense attorney and stuff, too, because that attorney...
[01:36:47.280 --> 01:36:50.280]  So it's not adjudicated, that issue.
[01:36:50.280 --> 01:36:51.280]  Right.
[01:36:51.280 --> 01:36:53.280]  That attorney knows what's what.
[01:36:53.280 --> 01:36:56.280]  He's just playing the game because that's the way they want to play the game.
[01:36:56.280 --> 01:36:59.280]  They don't want to rock the boat because they want to do different policies
[01:36:59.280 --> 01:37:01.280]  and procedures.
[01:37:01.280 --> 01:37:07.280]  Well, their policies and procedures don't take, you know, don't supersede love.
[01:37:07.280 --> 01:37:14.280]  Well, the attorney's just there to do song and dance to get you to take a deal.
[01:37:14.280 --> 01:37:17.280]  It's all about taking a deal.
[01:37:17.280 --> 01:37:23.280]  And what I've seen the attorneys doing lately is you get an attorney and he's
[01:37:23.280 --> 01:37:29.280]  going to file a motion to suppress the evidence against you and say, oh, yeah,
[01:37:29.280 --> 01:37:31.280]  we'll get all this thrown out.
[01:37:31.280 --> 01:37:33.280]  You won't have to worry about it.
[01:37:33.280 --> 01:37:37.280]  It makes it look like he's doing something.
[01:37:37.280 --> 01:37:40.280]  And then you get a courtroom and the judge just blows it off.
[01:37:40.280 --> 01:37:44.280]  And the attorney runs back to you, oh, no, this is terrible.
[01:37:44.280 --> 01:37:49.280]  Now you're going to have to take this deal or they're going to crucify you.
[01:37:49.280 --> 01:37:54.280]  How is it that I find one attorney after another doing the exact same thing?
[01:37:54.280 --> 01:38:00.280]  My, what an odd coincidence that in all of the different cases, the attorney
[01:38:00.280 --> 01:38:05.280]  would file the exact same motion.
[01:38:05.280 --> 01:38:13.280]  Could it be that this is a play that's been very well orchestrated and he's
[01:38:13.280 --> 01:38:16.280]  just reading the script?
[01:38:16.280 --> 01:38:19.280]  I think that's precisely what it is.
[01:38:19.280 --> 01:38:23.280]  Randy, are you aware that even if you hired an attorney, if an attorney gets
[01:38:23.280 --> 01:38:28.280]  certain things done in court to the court's satisfaction that the court will
[01:38:28.280 --> 01:38:33.280]  pay that attorney too?
[01:38:33.280 --> 01:38:35.280]  No.
[01:38:35.280 --> 01:38:37.280]  Wait a minute.
[01:38:37.280 --> 01:38:39.280]  The court will pay the attorney?
[01:38:39.280 --> 01:38:41.280]  Yes.
[01:38:41.280 --> 01:38:47.280]  When I went before the court and that attorney was trying to get off my case
[01:38:47.280 --> 01:38:53.280]  that day and then I was just trying to trick them into seeing what they would
[01:38:53.280 --> 01:38:57.280]  say, I tried to act like I was going to take their deal.
[01:38:57.280 --> 01:39:03.280]  And if I did, we would have had to show back up in the court the next day.
[01:39:03.280 --> 01:39:09.280]  And with that attorney that was already taken off the case that day and then I
[01:39:09.280 --> 01:39:14.280]  would have accepted the deal and afterwards I found out by listening to two
[01:39:14.280 --> 01:39:19.280]  of them talk that they didn't know I was overhearing, my attorney at that time
[01:39:19.280 --> 01:39:30.280]  would have got paid $350 from the court for me making the deal the next day.
[01:39:30.280 --> 01:39:34.280]  Do I sound like I'm sitting here in a stunned silence?
[01:39:34.280 --> 01:39:37.280]  Well, I was really stunned in silence when I heard that.
[01:39:37.280 --> 01:39:42.280]  I thought, you know, here it was that I paid for this attorney to represent me
[01:39:42.280 --> 01:39:46.280]  and because I couldn't pay him any more money, he files a motion with the
[01:39:46.280 --> 01:39:48.280]  court to get off the case.
[01:39:48.280 --> 01:39:52.280]  And then since I brought up the issue of a plea bargain, just want to see what
[01:39:52.280 --> 01:39:58.280]  they were going to offer me, then if we had made the deal, the attorney would
[01:39:58.280 --> 01:40:03.280]  have came back in the next day as my representation and he would have been
[01:40:03.280 --> 01:40:10.280]  paid $350 by the court for getting the plea bargain done.
[01:40:10.280 --> 01:40:13.280]  Wow.
[01:40:13.280 --> 01:40:16.280]  That is interesting.
[01:40:16.280 --> 01:40:24.280]  So I'm thinking how do I ferret out this information?
[01:40:24.280 --> 01:40:34.280]  How do I figure out that the court is dispersing taxpayer funds to attorneys
[01:40:34.280 --> 01:40:39.280]  who have been hired and paid for by the client?
[01:40:39.280 --> 01:40:42.280]  As kickbacks or bribes?
[01:40:42.280 --> 01:40:47.280]  Well, I'm thinking where are the records?
[01:40:47.280 --> 01:40:50.280]  The court is going to have to have a record of this disbursement.
[01:40:50.280 --> 01:40:53.280]  Where would that be and what would they call it?
[01:40:53.280 --> 01:40:56.280]  If it's a county court, then it would have to be like you're talking about
[01:40:56.280 --> 01:40:58.280]  here according to the local government code.
[01:40:58.280 --> 01:41:01.280]  The funds would come from the treasurer.
[01:41:01.280 --> 01:41:05.280]  They would go to the county commissioners who would have to cast a vote to pay
[01:41:05.280 --> 01:41:10.280]  the check, which would then be presented to the attorney if the vote is passed.
[01:41:10.280 --> 01:41:13.280]  This is the district court.
[01:41:13.280 --> 01:41:15.280]  Well, same difference.
[01:41:15.280 --> 01:41:19.280]  It still comes from the county treasurer.
[01:41:19.280 --> 01:41:20.280]  I don't think so.
[01:41:20.280 --> 01:41:27.280]  I think it's going to be an internal fund through the court clerk.
[01:41:27.280 --> 01:41:32.280]  The court clerk will be the one paying the funds.
[01:41:32.280 --> 01:41:34.280]  Oh, boy.
[01:41:34.280 --> 01:41:36.280]  Well, now according to the district clerk here,
[01:41:36.280 --> 01:41:39.280]  they're not allowed to make funds disbursements.
[01:41:39.280 --> 01:41:42.280]  That's according to the one here in Randall County where we're at right now
[01:41:42.280 --> 01:41:47.280]  because I grilled her extensively on where funds enter the system,
[01:41:47.280 --> 01:41:50.280]  where they travel through the system and where they wind up in the system.
[01:41:50.280 --> 01:41:56.280]  And according to her, they are an intake point, but they are not a payout point.
[01:41:56.280 --> 01:41:59.280]  So if the court is doing something like that,
[01:41:59.280 --> 01:42:06.280]  the court has a fund outside of the control of the district clerk.
[01:42:06.280 --> 01:42:11.280]  And it's being done outside of the realm of statutory authorization
[01:42:11.280 --> 01:42:19.280]  because the local government code does not authorize anything of that nature.
[01:42:19.280 --> 01:42:27.280]  If we could actually find an audit trail that led to these funds,
[01:42:27.280 --> 01:42:32.280]  we could wind some judge's clocks.
[01:42:32.280 --> 01:42:36.280]  You know, I filed those 107 criminal complaints that were just ignored
[01:42:36.280 --> 01:42:39.280]  down there in Hays County, and I didn't even think about it,
[01:42:39.280 --> 01:42:45.280]  but I think I should go ahead and contact the inspector general or postal general
[01:42:45.280 --> 01:42:51.280]  and file a complaint and see what happens if they investigate for Hays County
[01:42:51.280 --> 01:42:57.280]  and see why the mail was intercepted before it got to the grand jury.
[01:42:57.280 --> 01:42:59.280]  Did you check the grand jury minutes to make sure it was intercepted
[01:42:59.280 --> 01:43:01.280]  before it got to the grand jury?
[01:43:01.280 --> 01:43:04.280]  No, we just know it's been intercepted.
[01:43:04.280 --> 01:43:09.280]  I can't set foot down the place, so I have no way of checking anything.
[01:43:09.280 --> 01:43:13.280]  But I did ask my probation officer to do it when he inquired.
[01:43:13.280 --> 01:43:18.280]  The data looked at him and told him it was none of his damn business.
[01:43:18.280 --> 01:43:21.280]  I'll go down there. I can check them.
[01:43:21.280 --> 01:43:28.280]  I need to know the date that the complaints were filed.
[01:43:28.280 --> 01:43:30.280]  Do you remember that date?
[01:43:30.280 --> 01:43:31.280]  Yeah, I got it all right.
[01:43:31.280 --> 01:43:35.280]  I'm going to back you down and go down there.
[01:43:35.280 --> 01:43:38.280]  Okay, well, that's about all I have.
[01:43:38.280 --> 01:43:40.280]  All right, thanks, Russell.
[01:43:40.280 --> 01:43:42.280]  All right, we've got more callers on the line.
[01:43:42.280 --> 01:43:44.280]  Steve Skidmore is up.
[01:43:44.280 --> 01:43:48.280]  He's got some good news for us, I know, from what happened earlier this week,
[01:43:48.280 --> 01:43:50.280]  so I want to bring him up on the other side.
[01:43:50.280 --> 01:43:54.280]  We've also got Joyce and Gary on the line also.
[01:43:54.280 --> 01:44:04.280]  We'll be right back.
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[01:45:19.280 --> 01:45:24.280]  Some things in this world I will never understand.
[01:45:24.280 --> 01:45:28.280]  Some things are real nice footage.
[01:45:28.280 --> 01:45:32.280]  Somebody's on a police, a policeman.
[01:45:32.280 --> 01:45:36.280]  Somebody's on a police, a bully.
[01:45:36.280 --> 01:45:41.280]  There's always a room at the top of the hill.
[01:45:41.280 --> 01:45:46.280]  I hear through the grapevine and it's lonely left too.
[01:45:46.280 --> 01:45:50.280]  They're wishing it was more than opposition to bill.
[01:45:50.280 --> 01:45:54.280]  They know that if they don't do it, somebody will.
[01:45:54.280 --> 01:45:58.280]  Some things in this world I will never understand.
[01:45:58.280 --> 01:46:02.280]  Some things are real nice footage.
[01:46:02.280 --> 01:46:07.280]  Somebody's on a police, a policeman.
[01:46:07.280 --> 01:46:11.280]  Somebody's on a police, a bully.
[01:46:11.280 --> 01:46:13.280]  I know they will.
[01:46:13.280 --> 01:46:16.280]  They're going to put the bill.
[01:46:16.280 --> 01:46:19.280]  Because I see so much injustice to you.
[01:46:19.280 --> 01:46:21.280]  I know they will.
[01:46:21.280 --> 01:46:23.280]  Never fail to tip back the scale.
[01:46:23.280 --> 01:46:25.280]  I know they will.
[01:46:25.280 --> 01:46:28.280]  Never fail to tip back the scale.
[01:46:28.280 --> 01:46:32.280]  I know they will.
[01:46:32.280 --> 01:46:34.280]  I know they will.
[01:46:34.280 --> 01:46:36.280]  I never know.
[01:46:36.280 --> 01:46:38.280]  I know they will.
[01:46:38.280 --> 01:46:43.280]  I know they will.
[01:46:43.280 --> 01:46:45.280]  I know they will.
[01:46:45.280 --> 01:46:49.280]  I went down to that old rock quarry the other day.
[01:46:49.280 --> 01:46:50.280]  I know they will.
[01:46:50.280 --> 01:46:53.280]  That's where I heard that old rock quarry man say.
[01:46:53.280 --> 01:46:54.280]  I know they will.
[01:46:54.280 --> 01:46:57.280]  He knew I always have a place for my happiness.
[01:46:57.280 --> 01:46:58.280]  I know they will.
[01:46:58.280 --> 01:47:01.280]  I filled up my truck and waved goodbye and drove away.
[01:47:01.280 --> 01:47:02.280]  I know they will.
[01:47:02.280 --> 01:47:06.280]  Some things in this world I will never understand.
[01:47:06.280 --> 01:47:08.280]  I know they will.
[01:47:08.280 --> 01:47:10.280]  I realize fully.
[01:47:10.280 --> 01:47:11.280]  I know they will.
[01:47:11.280 --> 01:47:13.280]  Somebody's going to fall.
[01:47:13.280 --> 01:47:15.280]  Somebody's on a police, a policeman.
[01:47:15.280 --> 01:47:16.280]  I know they will.
[01:47:16.280 --> 01:47:19.280]  Somebody's on a police, a bully.
[01:47:19.280 --> 01:47:21.280]  I know they will.
[01:47:21.280 --> 01:47:23.280]  They're going to put the bill.
[01:47:23.280 --> 01:47:24.280]  I know they will.
[01:47:24.280 --> 01:47:27.280]  Because I see so much injustice to you.
[01:47:27.280 --> 01:47:28.280]  I know they will.
[01:47:28.280 --> 01:47:31.280]  Never fail to tip back the scale.
[01:47:31.280 --> 01:47:33.280]  I know they will.
[01:47:33.280 --> 01:47:38.280]  I will never fail to tip back the scale.
[01:47:38.280 --> 01:47:41.280]  Okay, we are back.
[01:47:41.280 --> 01:47:44.280]  Y'all will never fail to tip back that scale.
[01:47:44.280 --> 01:47:47.280]  All right, we've got your calls up on the call board,
[01:47:47.280 --> 01:47:50.280]  and I want to go to Steve Skidmore now,
[01:47:50.280 --> 01:47:52.280]  a very good friend of mine.
[01:47:52.280 --> 01:47:57.280]  And Steve had a big win earlier this week in his case.
[01:47:57.280 --> 01:48:00.280]  So Steve, thanks for calling in.
[01:48:00.280 --> 01:48:01.280]  Thanks for taking my call.
[01:48:01.280 --> 01:48:04.280]  I don't know if I'd call it a win.
[01:48:04.280 --> 01:48:06.280]  We didn't get evicted.
[01:48:06.280 --> 01:48:08.280]  Well, that's a win in my book.
[01:48:08.280 --> 01:48:10.280]  That's a win.
[01:48:10.280 --> 01:48:12.280]  Something surprised me at the hearing.
[01:48:12.280 --> 01:48:15.280]  We showed up on time, got in there.
[01:48:15.280 --> 01:48:18.280]  The judge called us first.
[01:48:18.280 --> 01:48:23.280]  The lady who I thought was the attorney for the plaintiff in this eviction
[01:48:23.280 --> 01:48:27.280]  hearing turns out she was not an attorney.
[01:48:27.280 --> 01:48:30.280]  She was a company representative.
[01:48:30.280 --> 01:48:33.280]  That's got me thinking of a few other side issues.
[01:48:33.280 --> 01:48:36.280]  But anyway, when the judge called us,
[01:48:36.280 --> 01:48:40.280]  the lady stood up and asked the judge if we could go out in the hallway and talk.
[01:48:40.280 --> 01:48:43.280]  The judge said, yes, sure, take your time.
[01:48:43.280 --> 01:48:49.280]  So we got out in the hall, excuse me, and she just wanted some more information,
[01:48:49.280 --> 01:48:53.280]  and I guess kind of wanted to see my hand.
[01:48:53.280 --> 01:48:59.280]  And I showed her a few of my cards and told her basically what we had
[01:48:59.280 --> 01:49:05.280]  and didn't tell her the full direction or the full story or anything.
[01:49:05.280 --> 01:49:16.280]  But the wife popped in and said that we didn't need to have this hearing heard
[01:49:16.280 --> 01:49:20.280]  by the judge because she was afraid it might prejudice the case that we had
[01:49:20.280 --> 01:49:22.280]  filed in the district court.
[01:49:22.280 --> 01:49:26.280]  And she said, oh, you've got something filed in the district court.
[01:49:26.280 --> 01:49:28.280]  And she said, well, the judge can't hear this anyway.
[01:49:28.280 --> 01:49:31.280]  I said, that's right, it's an issue over $10,000.
[01:49:31.280 --> 01:49:36.280]  It's got to be brought out of the justice court.
[01:49:36.280 --> 01:49:37.280]  And she said, yeah, that's right.
[01:49:37.280 --> 01:49:44.280]  And I said, well, this court lacks subject matter jurisdiction in this issue.
[01:49:44.280 --> 01:49:46.280]  And she said, that's exactly right.
[01:49:46.280 --> 01:49:51.280]  She said, since you've filed in a higher court, we can't dismiss.
[01:49:51.280 --> 01:49:55.280]  But she said, what I'll do is I'll go in and I'll ask the judge for an abatement
[01:49:55.280 --> 01:50:00.280]  until such time that the higher court makes their decision.
[01:50:00.280 --> 01:50:03.280]  I said, that sounds good to me.
[01:50:03.280 --> 01:50:08.280]  So we went back in and the judge asked if we'd reached a decision.
[01:50:08.280 --> 01:50:10.280]  The lady said, yeah, we have.
[01:50:10.280 --> 01:50:12.280]  We were told to approach.
[01:50:12.280 --> 01:50:13.280]  We approached.
[01:50:13.280 --> 01:50:16.280]  She said, Judge, we'd like to abate this.
[01:50:16.280 --> 01:50:20.280]  But they filed this case in a higher court.
[01:50:20.280 --> 01:50:22.280]  And the judge asked when.
[01:50:22.280 --> 01:50:25.280]  I said, well, it's in eight weeks.
[01:50:25.280 --> 01:50:29.280]  And she said, OK, do you have your paperwork?
[01:50:29.280 --> 01:50:32.280]  I handed her my stack of papers.
[01:50:32.280 --> 01:50:36.280]  And she said, OK.
[01:50:36.280 --> 01:50:43.280]  And she said, we'll postpone this until the higher court makes the decision.
[01:50:43.280 --> 01:50:50.280]  I asked if anybody should contact this court as to the findings of the other court.
[01:50:50.280 --> 01:50:52.280]  She said, yes, please do that.
[01:50:52.280 --> 01:50:58.280]  So we got a stay of execution for eight weeks.
[01:50:58.280 --> 01:51:02.280]  So what puzzles me?
[01:51:02.280 --> 01:51:04.280]  Go ahead.
[01:51:04.280 --> 01:51:09.280]  No, I was going to say, what do you have in the other court?
[01:51:09.280 --> 01:51:14.280]  I filed my original complaint Friday, filed an amendment to it.
[01:51:14.280 --> 01:51:16.280]  The paperwork was all messed up.
[01:51:16.280 --> 01:51:22.280]  I trusted a quote, unquote, paralegal.
[01:51:22.280 --> 01:51:24.280]  That's a joke.
[01:51:24.280 --> 01:51:27.280]  But the paperwork was all messed up.
[01:51:27.280 --> 01:51:34.280]  So I spent hours over the weekend redoing all the paperwork.
[01:51:34.280 --> 01:51:42.280]  We refiled Monday, went into the hearing Tuesday.
[01:51:42.280 --> 01:51:47.280]  We're just fighting a mortgage company over fraud.
[01:51:47.280 --> 01:51:52.280]  So it's basically the nutshell of it.
[01:51:52.280 --> 01:51:57.280]  The fraud issue is in the district court now?
[01:51:57.280 --> 01:51:59.280]  Yes.
[01:51:59.280 --> 01:52:04.280]  So there's a good chance that if you get a fair adjudication,
[01:52:04.280 --> 01:52:06.280]  that you'll win in the district court.
[01:52:06.280 --> 01:52:08.280]  That's kind of what I was getting to.
[01:52:08.280 --> 01:52:12.280]  Yes, I'm hoping that I've laid enough weight on the scales
[01:52:12.280 --> 01:52:18.280]  to get a telephone call prior to the trial asking how do we make this go away.
[01:52:18.280 --> 01:52:19.280]  But I'm hoping for it.
[01:52:19.280 --> 01:52:23.280]  I'm not looking for it.
[01:52:23.280 --> 01:52:30.280]  Have you filed a countersuit against them, a ticket, and counterclaims against them?
[01:52:30.280 --> 01:52:37.280]  Well, no, just an original claim.
[01:52:37.280 --> 01:52:39.280]  It's not a counterclaim.
[01:52:39.280 --> 01:52:43.280]  I don't guess we could call it a counterclaim since the...
[01:52:43.280 --> 01:52:44.280]  Oh, you initiated it.
[01:52:44.280 --> 01:52:45.280]  That's right, you initiated it.
[01:52:45.280 --> 01:52:48.280]  So did you make a claim of damages against them?
[01:52:48.280 --> 01:52:50.280]  Yes.
[01:52:50.280 --> 01:52:51.280]  Good.
[01:52:51.280 --> 01:52:53.280]  Okay, so now they've got a dog in this one.
[01:52:53.280 --> 01:52:54.280]  Oh, yes.
[01:52:54.280 --> 01:52:55.280]  Now they've got some loots.
[01:52:55.280 --> 01:53:00.280]  Is the counterclaim greater than the amount of the mortgage?
[01:53:00.280 --> 01:53:04.280]  I've included a settlement offer.
[01:53:04.280 --> 01:53:08.280]  There's actually three choices I gave them.
[01:53:08.280 --> 01:53:09.280]  We could go to court,
[01:53:09.280 --> 01:53:16.280]  and I could sue them for the entire amount of the note had it gone to fruition
[01:53:16.280 --> 01:53:20.280]  that's principal and all the interest plus damages,
[01:53:20.280 --> 01:53:27.280]  or the choice B is the amount of the alleged loan plus damages,
[01:53:27.280 --> 01:53:31.280]  or they keep the principal and interest they've already collected,
[01:53:31.280 --> 01:53:33.280]  and we keep the house.
[01:53:33.280 --> 01:53:40.280]  They get an authorized company rep to sign an affidavit of no lien,
[01:53:40.280 --> 01:53:46.280]  enter that into the public record, and we both walk away with clean hands.
[01:53:46.280 --> 01:53:50.280]  Sounds fair enough to me.
[01:53:50.280 --> 01:53:56.280]  I take it it's too soon for them to have entered a counterproposal.
[01:53:56.280 --> 01:53:58.280]  Right, yeah, they haven't received service yet.
[01:53:58.280 --> 01:54:03.280]  We got an email from the process server saying that there was something
[01:54:03.280 --> 01:54:09.280]  messed up in the addressing with our service,
[01:54:09.280 --> 01:54:13.280]  so I've got to go back and re-file service.
[01:54:13.280 --> 01:54:16.280]  Let me talk to you about this, Randy.
[01:54:16.280 --> 01:54:20.280]  Why do you think they sent a company representative instead of lawyers?
[01:54:20.280 --> 01:54:22.280]  Because every time I've gone into court with these people so far,
[01:54:22.280 --> 01:54:24.280]  they've sent lawyers.
[01:54:24.280 --> 01:54:28.280]  This time they sent a company rep.
[01:54:28.280 --> 01:54:33.280]  Did you raise an issue about the lawyer's standing?
[01:54:33.280 --> 01:54:40.280]  I did in the original complaint,
[01:54:40.280 --> 01:54:47.280]  but they have not seen the original complaint yet because they've not been served.
[01:54:47.280 --> 01:54:51.280]  If it's an eviction, they may have felt they didn't need it.
[01:54:51.280 --> 01:54:53.280]  Because they have.
[01:54:53.280 --> 01:54:55.280]  Because it's pretty straight up here.
[01:54:55.280 --> 01:54:59.280]  They've already got the order in their favor.
[01:54:59.280 --> 01:55:04.280]  All they're asking the magistrate to do is enforce the order.
[01:55:04.280 --> 01:55:10.280]  Yeah, they weren't expecting that you were going to ambush them like that.
[01:55:10.280 --> 01:55:13.280]  Well, I kind of wondered if they weren't prepared to settle,
[01:55:13.280 --> 01:55:19.280]  to see if I'd laid enough weight on the scales that they might have been ready to settle then and there.
[01:55:19.280 --> 01:55:23.280]  I think you may have a good point.
[01:55:23.280 --> 01:55:26.280]  Had someone there who actually do that.
[01:55:26.280 --> 01:55:28.280]  Right.
[01:55:28.280 --> 01:55:29.280]  I don't know.
[01:55:29.280 --> 01:55:30.280]  I'm just kind of grabbing at straws.
[01:55:30.280 --> 01:55:33.280]  But it sure seems strange to me that they didn't send a lawyer.
[01:55:33.280 --> 01:55:37.280]  They sent a company representative.
[01:55:37.280 --> 01:55:39.280]  And it was an outsourced company rep at that.
[01:55:39.280 --> 01:55:41.280]  It was a local lady here.
[01:55:41.280 --> 01:55:43.280]  Wait a minute.
[01:55:43.280 --> 01:55:45.280]  Wait a minute.
[01:55:45.280 --> 01:55:52.280]  Did this person establish standing?
[01:55:52.280 --> 01:56:00.280]  No, I didn't see any paperwork authorizing her as a company rep, if that's what you mean.
[01:56:00.280 --> 01:56:06.280]  Well, the question always is, this goes to Federal Crop Insurance v. Merrill.
[01:56:06.280 --> 01:56:08.280]  Who are you?
[01:56:08.280 --> 01:56:14.280]  What authority do you have as an agent to represent the principal?
[01:56:14.280 --> 01:56:19.280]  And the agency cannot be proven from the mouth of the agent.
[01:56:19.280 --> 01:56:22.280]  It must be proven from the mouth of the principal.
[01:56:22.280 --> 01:56:29.280]  So show me something from the principal that gives you standing to represent the principal in the hearing.
[01:56:29.280 --> 01:56:37.280]  Well, see, I think Steve's main concern at that particular hearing was to not get himself evicted.
[01:56:37.280 --> 01:56:38.280]  Correct.
[01:56:38.280 --> 01:56:45.280]  He didn't want to fight too hard on that issue and maybe have the hearing deferred and then lose.
[01:56:45.280 --> 01:56:48.280]  He just wanted to like not get evicted.
[01:56:48.280 --> 01:56:52.280]  So in that particular instance, that really wasn't his fight.
[01:56:52.280 --> 01:56:57.280]  Yeah, but now suppose that this person doesn't have any actual signed documentation
[01:56:57.280 --> 01:57:01.280]  and now the mortgage company wants to raise the issue of, well, we have no such deal.
[01:57:01.280 --> 01:57:03.280]  We didn't send an agent.
[01:57:03.280 --> 01:57:08.280]  Well, the reason I said that was not for that, it's for the future.
[01:57:08.280 --> 01:57:18.280]  So that if she tries to come back in and you want to get some flat footed, that may be a good way to do it.
[01:57:18.280 --> 01:57:24.280]  But if she looks like she may work in your favor, then obviously we don't want to kick her in her teeth.
[01:57:24.280 --> 01:57:25.280]  Right.
[01:57:25.280 --> 01:57:26.280]  Yeah.
[01:57:26.280 --> 01:57:32.280]  Actually, Steve, next time what you may want to do is when you have those folks asking to see some or all of your cards,
[01:57:32.280 --> 01:57:35.280]  it might be better if you go first.
[01:57:35.280 --> 01:57:37.280]  Yeah.
[01:57:37.280 --> 01:57:43.280]  Drew, let me ask one more question before we run out of time here.
[01:57:43.280 --> 01:57:55.280]  The issue with the address, I guess, or who we're trying to serve, we're trying to serve the lawyers for the mortgage company.
[01:57:55.280 --> 01:58:01.280]  Should we be serving the mortgage company and not the lawyers?
[01:58:01.280 --> 01:58:04.280]  Have lawyers proved an agency?
[01:58:04.280 --> 01:58:05.280]  No.
[01:58:05.280 --> 01:58:08.280]  You're talking about a Rule 12 challenge?
[01:58:08.280 --> 01:58:10.280]  Yes.
[01:58:10.280 --> 01:58:12.280]  No, they haven't.
[01:58:12.280 --> 01:58:16.280]  Then I would suggest the lawyers is not having standing.
[01:58:16.280 --> 01:58:19.280]  Let's address this when we come back.
[01:58:19.280 --> 01:58:20.280]  Yeah, we're going to break.
[01:58:20.280 --> 01:58:23.280]  We're going to take a three, four minute break here.
[01:58:23.280 --> 01:58:26.280]  We're going to play some news and we'll come back.
[01:58:26.280 --> 01:58:27.280]  We're on the air till midnight tonight.
[01:58:27.280 --> 01:58:29.280]  So just hang on the line, Steve, okay?
[01:58:29.280 --> 01:58:30.280]  Okay, cool.
[01:58:30.280 --> 01:58:32.280]  All right, great.
[01:58:32.280 --> 01:58:34.280]  All right, we'll be right back.
[01:58:34.280 --> 01:58:37.280]  We've got Joyce from New Jersey and Gary from Texas up next.
[01:58:37.280 --> 01:58:42.280]  Callers, we'd like to call in 512-646-1984.
[01:58:42.280 --> 01:59:04.280]  We will be right back.
[01:59:12.280 --> 01:59:39.280]  He brought the kitchen.
[01:59:39.280 --> 01:59:56.280]  Thank you.