[00:00.000 --> 00:06.040]  This news brief brought to you by the International News Net.
[00:06.040 --> 00:10.320]  Congressional investigators said Wednesday two-thirds of the U.S. health insurance industry
[00:10.320 --> 00:16.480]  used a faulty database that overcharged patients for seeing doctors outside their insurance
[00:16.480 --> 00:25.760]  network, costing Americans billions of dollars in inflated medical bills.
[00:25.760 --> 00:26.760]  Take us out.
[00:26.760 --> 00:27.760]  The news is still running.
[00:27.760 --> 00:28.760]  Okay.
[00:28.760 --> 00:29.760]  Okay.
[00:29.760 --> 00:30.760]  I can't hear it.
[00:30.760 --> 00:33.760]  It will come back up.
[00:33.760 --> 00:39.200]  Health organization, the U.N., and several high-ranking government and corporate officials
[00:39.200 --> 00:44.440]  concerning bioterrorism and attempts to commit mass murder.
[00:44.440 --> 00:49.760]  California's Comptroller John Chang said Wednesday he would have to issue IOUs in a
[00:49.760 --> 00:55.280]  week if lawmakers can't quickly solve a $24 billion budget deficit.
[00:55.280 --> 01:00.320]  Chang said next Wednesday we start a fiscal year with a massively unbalanced spending
[01:00.320 --> 01:05.080]  plan and a cash shortfall not seen since the Great Depression.
[01:05.080 --> 01:11.200]  Top of the hour news brought to you by INN World Report.
[01:11.200 --> 01:16.480]  John Leibowitz, chairman of the Federal Trade Commission, gave some ammunition Tuesday to
[01:16.480 --> 01:22.000]  those who want to ban pharmaceutical companies from paying competitors who agree to delay
[01:22.000 --> 01:24.640]  the introduction of generic drugs.
[01:24.640 --> 01:30.120]  Leibowitz said an internal study had determined that eliminating such payments would save
[01:30.120 --> 01:33.680]  consumers $3.5 billion a year.
[01:33.680 --> 01:39.040]  The so-called exclusion payments or pay-for-delay payments are the subject of several bills
[01:39.040 --> 01:43.040]  in Congress and of litigation throughout the country.
[01:43.040 --> 01:49.920]  Leibowitz called the payments anti-competitive and said Congress ought to ban them, adding,
[01:49.920 --> 01:55.360]  you have a permissive and conflicting legal regime that allows pharmaceutical companies
[01:55.360 --> 01:58.920]  to make collusive deals on the backs of consumers.
[01:58.920 --> 02:05.400]  The Senate Judiciary Committee is scheduled to consider another version as soon as Thursday.
[02:05.400 --> 02:09.600]  Leibowitz said the payments have become more common because of rulings in the U.S. Circuit
[02:09.600 --> 02:14.200]  Courts of Appeals.
[02:14.200 --> 02:19.200]  Wendell Potter, a retired health insurance executive, confessed Wednesday that insurance
[02:19.200 --> 02:25.400]  companies deliberately confuse policyholders and attempt to dump sick patients to boost
[02:25.400 --> 02:27.080]  their profit margins.
[02:27.080 --> 02:32.040]  Potter, who has more than 20 years of experience working in public relations for insurance
[02:32.040 --> 02:38.440]  companies Cigna and Humana, told the Senate Committee on Commerce, Science and Transportation
[02:38.440 --> 02:44.380]  companies routinely drop seriously ill policyholders so they can meet Wall Street's relentless
[02:44.380 --> 02:46.120]  profit expectations.
[02:46.120 --> 02:52.320]  They look carefully to see if a sick policyholder may have omitted a minor illness or a pre-existing
[02:52.320 --> 02:58.400]  condition when implying for coverage and then they use that as justification to cancel the
[02:58.400 --> 02:59.400]  policy.
[02:59.400 --> 03:09.400]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[03:09.400 --> 03:26.680]  talk radio at its best.
[03:26.680 --> 03:29.840]  I don't remember when I lost my mind.
[03:29.840 --> 03:34.320]  It was the first thing to go, right?
[03:34.320 --> 03:37.640]  Actually it was the second and I don't remember what the first one was.
[03:37.640 --> 03:44.040]  Okay, Randy Kelton, Deborah Stevens, Rule of Law with Eddie Craig, we're back.
[03:44.040 --> 03:58.440]  Okay George, you're my resident commentator on commercial.
[03:58.440 --> 04:03.200]  All of this talk about Admiralty.
[04:03.200 --> 04:05.600]  Get me there.
[04:05.600 --> 04:11.680]  Take me from the statutory to the admiralty.
[04:11.680 --> 04:14.640]  I don't know Randy, be quiet, be quite honest.
[04:14.640 --> 04:21.040]  I'm like on this admiralty between admiralty, it's like sticking the former football coach
[04:21.040 --> 04:26.720]  in Jimmy Johnson into young Jimmy Johnson's race car, wouldn't know anything about it.
[04:26.720 --> 04:29.200]  I'm still trying to figure it out myself.
[04:29.200 --> 04:34.600]  This has been a concern for me because there's so much talk about these commercial liens.
[04:34.600 --> 04:40.400]  And I went to Tim Turner's seminar.
[04:40.400 --> 04:49.160]  I'm having problems, the thing I didn't get from the seminar, I got assurances that the
[04:49.160 --> 04:51.920]  maritime law applied.
[04:51.920 --> 05:00.680]  But I didn't get anything statutorily that brought me to the maritime.
[05:00.680 --> 05:07.280]  And I finally took two or three hours the other day and went on Lexus and did an extensive
[05:07.280 --> 05:11.840]  search for maritime jurisdiction.
[05:11.840 --> 05:17.360]  And I have a lot of good information on maritime jurisdiction.
[05:17.360 --> 05:24.240]  None of it gets me to maritime jurisdiction on the land.
[05:24.240 --> 05:27.800]  So it concerns me.
[05:27.800 --> 05:34.520]  The folks who are filing the maritime liens, I now understand why they want to file maritime
[05:34.520 --> 05:39.520]  lien instead of a condemnation lien.
[05:39.520 --> 05:47.160]  They want to file the maritime lien because what the maritime lien is intended to do is
[05:47.160 --> 05:56.360]  lien a vessel in port, a vessel which is mobile and has the capacity very quickly to leave
[05:56.360 --> 05:59.160]  the jurisdiction.
[05:59.160 --> 06:08.320]  So if there is a lien against that vessel, the maritime lien stands first in line first
[06:08.320 --> 06:16.600]  in time so that they can capture, arrest the vessel and hold the vessel until the lien
[06:16.600 --> 06:23.960]  is satisfied to keep the vessel from leaving the jurisdiction and putting itself in a position
[06:23.960 --> 06:28.920]  to where the lien would not be enforceable at all.
[06:28.920 --> 06:32.480]  So that's why these guys are trying to get to a maritime lien.
[06:32.480 --> 06:42.600]  The problem is they're trying to create vessels that may or may not be vessels.
[06:42.600 --> 06:48.080]  The court, the judge in the court is not a vessel.
[06:48.080 --> 06:54.880]  I mean, they may be able to define him as a vessel of some sort.
[06:54.880 --> 07:03.240]  You know, I have a vessel on my table here that I've put stuff in and call it a vessel
[07:03.240 --> 07:07.320]  that does not get me to maritime.
[07:07.320 --> 07:14.280]  I can't get to maritime unless I'm on navigable waters.
[07:14.280 --> 07:16.040]  That's all I can find.
[07:16.040 --> 07:26.920]  And I do find case law that says that the air above the ground is not in maritime jurisdiction.
[07:26.920 --> 07:31.560]  Only the air above the water is in maritime jurisdiction.
[07:31.560 --> 07:36.440]  So I have a problem here and you have to solve it for me.
[07:36.440 --> 07:41.640]  I've actually heard several people talk about the maritime is being used because no matter
[07:41.640 --> 07:48.360]  where you're standing on pretty much any point on planet earth, you're standing over an aquifer.
[07:48.360 --> 07:52.640]  Aquifer is not navigable water.
[07:52.640 --> 07:55.400]  That's what maritime goes to.
[07:55.400 --> 07:59.480]  I agree, but that's just an argument that I've heard.
[07:59.480 --> 08:06.440]  Those are nonsense arguments and calling some vessel on the land.
[08:06.440 --> 08:13.480]  If you take a ship, I'll give you an instance, a small town I live in, they brought a replica
[08:13.480 --> 08:19.360]  of the Penta, you know, the Nina, the Penta, and the Santa Maria, they had a replica, full
[08:19.360 --> 08:27.320]  size replica of the Penta and brought it through town on a trailer.
[08:27.320 --> 08:32.520]  Well if that trailer had come loose and bashed through a building, you couldn't, you could
[08:32.520 --> 08:35.460]  not seize the vessel.
[08:35.460 --> 08:43.720]  It was clearly a vessel designed and intended to be used on the high seas, but you cannot
[08:43.720 --> 08:49.120]  seize that vessel because it's not in maritime at the moment.
[08:49.120 --> 08:56.560]  And we have a case on that where a manufacturer who manufactured ships, in the manufacture
[08:56.560 --> 09:01.000]  of a ship, one of the employees was killed.
[09:01.000 --> 09:11.200]  Aquifer was sued, they sued him under maritime and the court said that while the vessel they
[09:11.200 --> 09:18.840]  were building was designed to be used in maritime, at the time it was not in maritime because
[09:18.840 --> 09:22.760]  it was on the land.
[09:22.760 --> 09:28.680]  So I'm hoping someone out there can get me that connection.
[09:28.680 --> 09:31.200]  So far, yes.
[09:31.200 --> 09:38.400]  Well I heard the yellow fringe flag is jurisdiction of admiralty or military occupation flag.
[09:38.400 --> 09:45.520]  Okay, I have, there's a legal term for my determinations on that and the legal term
[09:45.520 --> 09:49.360]  is horse poop.
[09:49.360 --> 09:55.720]  There is nothing in law that requires a flag to be in the courtroom.
[09:55.720 --> 09:59.840]  There's nothing in law that says what kind of flag has to be in the courtroom, what the
[09:59.840 --> 10:01.400]  flag means.
[10:01.400 --> 10:03.000]  These guys made that up.
[10:03.000 --> 10:05.920]  That is nonsense.
[10:05.920 --> 10:10.240]  That flag means nothing.
[10:10.240 --> 10:17.560]  I mean granted the American flag is the American flag, but beyond being an American flag, in
[10:17.560 --> 10:22.640]  that courtroom it has no other meaning.
[10:22.640 --> 10:26.600]  So where they're getting the meaning from though Randy is the federal rules on the display
[10:26.600 --> 10:27.600]  of the flag.
[10:27.600 --> 10:28.600]  That's where they're getting it.
[10:28.600 --> 10:40.400]  That's just, you know, if I say, okay, Eddie, I want you to be a federal court judge.
[10:40.400 --> 10:43.840]  You don't become a federal court judge because I say so.
[10:43.840 --> 10:50.760]  And because somebody brings a flag in a courtroom that has a yellow fringe on it does not change
[10:50.760 --> 10:53.760]  the subject matter jurisdiction of the court.
[10:53.760 --> 10:54.760]  Not arguing that.
[10:54.760 --> 10:57.400]  I'm just telling you where they get it from.
[10:57.400 --> 11:00.640]  This is getting to be a frustration with all of this myth.
[11:00.640 --> 11:06.400]  I'm beginning to wonder how many of these guys out here spreading this stuff are on
[11:06.400 --> 11:08.920]  the other side.
[11:08.920 --> 11:14.120]  Because when I was overseas, this is kind of exactly the kind of crapola the spooks
[11:14.120 --> 11:22.880]  like to do, is they're always spreading disinformation.
[11:22.880 --> 11:27.160]  So they get everybody running around like chickens with their heads cut off chasing
[11:27.160 --> 11:28.160]  nonsense.
[11:28.160 --> 11:34.720]  Well, I went into the commercial code like the Admiralty, UCC, and I got to say one thing.
[11:34.720 --> 11:35.720]  That's a rabbit hole.
[11:35.720 --> 11:38.400]  You can get lost in that easy.
[11:38.400 --> 11:39.520]  Yes.
[11:39.520 --> 11:47.200]  And anyway, before I can even look at Admiralty, I have to get Admiralty jurisdiction and I
[11:47.200 --> 11:48.200]  can't find it.
[11:48.200 --> 11:50.160]  Do you have any other questions or comments?
[11:50.160 --> 11:56.720]  Well, I just want to say I did talk to a retired judge and his wife is a retired lawyer.
[11:56.720 --> 12:02.720]  They have 75 years courtroom experience between the two of them.
[12:02.720 --> 12:08.280]  And I got the jurisdiction and he's interested in starting a meetup group for the jurisdictionary
[12:08.280 --> 12:15.160]  so he can role play as a judge and his wife is a prosecuting attorney to help people practice
[12:15.160 --> 12:17.400]  the procedure in the courtroom.
[12:17.400 --> 12:18.640]  Wonderful.
[12:18.640 --> 12:21.800]  Do you think he would be willing to come on the radio show?
[12:21.800 --> 12:22.800]  I'll ask him.
[12:22.800 --> 12:23.800]  Ask him.
[12:23.800 --> 12:26.720]  I would very much like to get him on.
[12:26.720 --> 12:30.160]  Because he says you can talk about the Fourth Amendment, the Fifth Amendment, the First
[12:30.160 --> 12:33.760]  Amendment, but he says people forget to follow procedure.
[12:33.760 --> 12:41.840]  Oh, when they do their filings, they get burned and he sits there and goes because they don't
[12:41.840 --> 12:49.840]  follow the proper procedure and to do a role play in the courtroom would be...
[12:49.840 --> 12:53.040]  I was just looking at case law and pro se.
[12:53.040 --> 13:00.760]  And while they liberally construe pro se pleadings, they're very clear that the pro se has to
[13:00.760 --> 13:06.560]  follow all of the procedures or he would have an unfair advantage.
[13:06.560 --> 13:11.080]  That's where the pro se's fall down.
[13:11.080 --> 13:13.960]  But doing a role play meetup is a good idea.
[13:13.960 --> 13:16.240]  That's a great idea.
[13:16.240 --> 13:18.720]  But contact him.
[13:18.720 --> 13:22.280]  Tell him I'd very much like to have him on the show, him and his wife both, if they would
[13:22.280 --> 13:23.280]  be willing.
[13:23.280 --> 13:24.280]  Yeah.
[13:24.280 --> 13:25.280]  It's just to see.
[13:25.280 --> 13:26.280]  It's hard to see people get...
[13:26.280 --> 13:28.800]  Because right now he sits and watches in the courtrooms.
[13:28.800 --> 13:32.680]  He ain't got nothing else there to do.
[13:32.680 --> 13:33.680]  But the thing is...
[13:33.680 --> 13:38.960]  Yeah, he's getting really tired of Judge Judy and Joe Brown, isn't he?
[13:38.960 --> 13:39.960]  Yeah.
[13:39.960 --> 13:47.160]  But another thing I want to get on, we're looking in the Florida statutes because Frank
[13:47.160 --> 13:52.320]  Gregg Pound, for his case, he lost his kids and all that stuff, he's been criminally violated
[13:52.320 --> 13:53.320]  left and right.
[13:53.320 --> 13:56.720]  And it was like bringing up the grand jury and I'm talking, well, if we want to have
[13:56.720 --> 14:00.400]  a special grand jury, I looked at the statutes in Florida, it says, we got a petition to
[14:00.400 --> 14:02.360]  Florida Supreme Court for that.
[14:02.360 --> 14:08.960]  I just want to know what kind of a motion we have to do for that.
[14:08.960 --> 14:10.560]  But I'm not sure.
[14:10.560 --> 14:13.480]  I'm not familiar with Florida law.
[14:13.480 --> 14:19.080]  There's no provision like that in Texas that I know of.
[14:19.080 --> 14:21.840]  So I'd have to look at Florida law to be able to tell.
[14:21.840 --> 14:30.400]  I suspect if Mark would call in, Mark Adams, he's an attorney out of Florida, he could
[14:30.400 --> 14:34.180]  tell us, but we haven't heard from him in a while.
[14:34.180 --> 14:37.080]  So I may just give him a call and ask him about that.
[14:37.080 --> 14:39.800]  Send me an email about that, George, to remind me.
[14:39.800 --> 14:40.800]  Okay.
[14:40.800 --> 14:42.800]  All right, I will.
[14:42.800 --> 14:47.760]  I'll forward it to Mark and get his input on it because he's very much into grand juries
[14:47.760 --> 14:48.760]  in Florida.
[14:48.760 --> 14:53.480]  Because Greg is trying to do it through the regular courts and they're just not following
[14:53.480 --> 14:54.480]  the rules.
[14:54.480 --> 14:55.480]  Right.
[14:55.480 --> 14:56.480]  They don't.
[14:56.480 --> 14:59.840]  And the thing is, it's like, this is something I see you're going to have to take to a grand
[14:59.840 --> 15:01.120]  jury.
[15:01.120 --> 15:04.520]  And he's tried to go to grand jury, but they won't tell him where they meet.
[15:04.520 --> 15:08.040]  Ah, he should be able to get that open records.
[15:08.040 --> 15:09.040]  But send me an email.
[15:09.040 --> 15:14.400]  I'll get it to Mark and maybe get Greg in touch with Mark.
[15:14.400 --> 15:15.400]  Okay.
[15:15.400 --> 15:16.400]  All right.
[15:16.400 --> 15:17.400]  Okay.
[15:17.400 --> 15:18.400]  Thank you, George.
[15:18.400 --> 15:19.400]  Okay.
[15:19.400 --> 15:20.400]  All right.
[15:20.400 --> 15:21.400]  Okay.
[15:21.400 --> 15:26.400]  Now we're going to go to John in Georgia.
[15:26.400 --> 15:29.400]  John, you there?
[15:29.400 --> 15:30.400]  Hello?
[15:30.400 --> 15:31.400]  Yes.
[15:31.400 --> 15:32.400]  Oh.
[15:32.400 --> 15:35.400]  Yeah, I talked to you earlier in the week.
[15:35.400 --> 15:39.400]  Before I get on that, I'd like to say the gentleman, John, that called in and that was
[15:39.400 --> 15:43.400]  arrested and everything, just been listening to your show for about a week.
[15:43.400 --> 15:49.400]  The best thing for him to do that I've done myself is get as many people as you can to
[15:49.400 --> 15:56.400]  get onto rule of law radio, whether you listen to it on the phone or on the computer, because
[15:56.400 --> 15:59.400]  knowledge is your best weapon in court.
[15:59.400 --> 16:04.400]  And, you know, when you people provide it free to the public, except for donations.
[16:04.400 --> 16:08.400]  And I'd like to see a lot of people give donations to your show, because I missed you when you
[16:08.400 --> 16:12.400]  went off there a little while when We the People radio went off.
[16:12.400 --> 16:15.400]  And I'm glad that you guys made it back on.
[16:15.400 --> 16:20.400]  But I had talked to you earlier in the week about this environmental court they had in
[16:20.400 --> 16:22.400]  this veteran.
[16:22.400 --> 16:24.400]  He's been in and out of the hospital for about two years.
[16:24.400 --> 16:27.400]  I tried to help him out in environmental court as well as his son.
[16:27.400 --> 16:34.400]  We tried to place a motion to have his case moved to Superior Court, and they refused
[16:34.400 --> 16:36.400]  to accept it.
[16:36.400 --> 16:37.400]  Okay, hold on.
[16:37.400 --> 16:39.400]  We're going to go to break.
[16:39.400 --> 16:40.400]  Okay.
[16:40.400 --> 16:42.400]  We'll pick you up on the other side.
[16:42.400 --> 16:43.400]  Okay.
[16:43.400 --> 16:49.400]  This is Trent Kelton, Deborah Stevens with Eddie Craig, Rule of Law Radio.
[16:49.400 --> 16:53.400]  Deb's out of town at the moment, but she'll be back next week.
[16:53.400 --> 16:58.400]  We'll be right back.
[16:58.400 --> 16:59.400]  You invest.
[16:59.400 --> 17:00.400]  You buy insurance.
[17:00.400 --> 17:01.400]  You wear your seatbelt.
[17:01.400 --> 17:04.400]  You do things to ensure your family's future and protection.
[17:04.400 --> 17:05.400]  But why?
[17:05.400 --> 17:06.400]  Just in case?
[17:06.400 --> 17:10.400]  With the current state of affairs, ask yourself, am I ready?
[17:10.400 --> 17:12.400]  Preparation starts at SurvivalGearSource.com.
[17:12.400 --> 17:17.400]  SurvivalGearSource.com has a huge selection of vital products, emergency survival kits,
[17:17.400 --> 17:23.400]  gas masks, MREs, communication devices, products for pet care, your car, home, office, and school.
[17:23.400 --> 17:27.400]  Protect against all natural disasters and terror attacks that can happen at any time.
[17:27.400 --> 17:31.400]  If you are not prepared, the last place you want to be is standing in FEMA lines.
[17:31.400 --> 17:33.400]  Invest in your future now.
[17:33.400 --> 17:38.400]  Visit SurvivalGearSource.com or call 877-231-1925.
[17:38.400 --> 17:42.400]  That's 877-231-1925.
[17:42.400 --> 17:44.400]  SurvivalGearSource.com.
[17:44.400 --> 17:46.400]  Prepare for tomorrow now.
[17:46.400 --> 17:53.400]  When ordering from SurvivalGearSource.com, remember to use promo code RuleOfLawRadio.com.
[17:53.400 --> 18:09.400]  Again, that special promo code is RuleOfLawRadio.com.
[18:09.400 --> 18:10.400]  Okay, we're back.
[18:10.400 --> 18:13.400]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[18:13.400 --> 18:16.400]  We were talking to John in Georgia.
[18:16.400 --> 18:19.400]  Okay, John, go ahead.
[18:19.400 --> 18:21.400]  I didn't have enough time.
[18:21.400 --> 18:27.400]  It was about two days before court, and under 15-10-61,
[18:27.400 --> 18:32.400]  if you put in writing prior to trial in the magistrate court,
[18:32.400 --> 18:34.400]  which recorders' court files under that,
[18:34.400 --> 18:37.400]  and the environmental court falls under recorders' court,
[18:37.400 --> 18:41.400]  you have a right to a jury trial through state or superior court.
[18:41.400 --> 18:42.400]  We tried to file those.
[18:42.400 --> 18:45.400]  I talked to you, I believe it was Monday or Tuesday.
[18:45.400 --> 18:47.400]  I had to go to court on Wednesday.
[18:47.400 --> 18:51.400]  And Gary, and he's talked to you a couple of times, several times,
[18:51.400 --> 18:58.400]  he went down with Ed, the retired veteran, disabled veteran,
[18:58.400 --> 19:02.400]  and they refused to accept his motion to have it moved to superior court.
[19:02.400 --> 19:03.400]  And you said, file a lawsuit against him.
[19:03.400 --> 19:06.400]  We didn't have enough time to put one together because time had run out.
[19:06.400 --> 19:09.400]  So he asked for a continuance when he got there.
[19:09.400 --> 19:13.400]  First he tried to have the, I told him just to go ahead and hand the judge,
[19:13.400 --> 19:20.400]  and I went ahead and told his daughter to mail through the post office overnight
[19:20.400 --> 19:26.400]  returns signature request, the motions to have it moved,
[19:26.400 --> 19:33.400]  and all of the people except for the city council member had signed for the paper.
[19:33.400 --> 19:39.400]  So therefore the judge and the clerk received notice to have it moved to superior court.
[19:39.400 --> 19:44.400]  And when they got there to this environmental court, they told the judge,
[19:44.400 --> 19:47.400]  and the judge says, I don't care, you have to have it heard here.
[19:47.400 --> 19:53.400]  If you want a jury trial, you have to go for a de novo review,
[19:53.400 --> 19:54.400]  and I'm going to rule on it.
[19:54.400 --> 19:56.400]  You have to pay the fine or whatever.
[19:56.400 --> 19:59.400]  But when his son went there, I mean the judge was just arrogant.
[19:59.400 --> 20:01.400]  She was just unruly.
[20:01.400 --> 20:03.400]  So I prepared myself with that.
[20:03.400 --> 20:05.400]  I called the attorney general,
[20:05.400 --> 20:07.400]  and I told him in the state of Georgia under the Constitution,
[20:07.400 --> 20:11.400]  nobody can be in prison for a death, but yet if you don't pay your fine,
[20:11.400 --> 20:16.400]  they hold you in jail in that crowbar hotel back there until you pay the fine.
[20:16.400 --> 20:19.400]  And he says, oh, well, that's because you're refusing to pay the fine.
[20:19.400 --> 20:21.400]  I said, well, the fine, refusing to pay a fine.
[20:21.400 --> 20:24.400]  Somebody might be willing to pay the fine but just doesn't have the money at the time,
[20:24.400 --> 20:26.400]  so therefore they're not refusing it.
[20:26.400 --> 20:27.400]  He says, oh, well, I don't know.
[20:27.400 --> 20:29.400]  I have to check into that.
[20:29.400 --> 20:32.400]  And so when we went to court this Wednesday, this past Wednesday,
[20:32.400 --> 20:39.400]  it was a month since his son went, nobody was forced to sit back in that crowbar hotel.
[20:39.400 --> 20:41.400]  She continued it until they could pay the fine.
[20:41.400 --> 20:45.400]  So at least we stopped people from being in prison for not being able to pay this fine
[20:45.400 --> 20:48.400]  in this environmental court.
[20:48.400 --> 20:50.400]  So that's already a step forward.
[20:50.400 --> 20:55.400]  Yes, have you filed judicial conduct complaints against the judge?
[20:55.400 --> 20:57.400]  That's what we're doing now.
[20:57.400 --> 21:01.400]  In Georgia it's called the Judicial Qualification Committee,
[21:01.400 --> 21:03.400]  and I've already contacted them.
[21:03.400 --> 21:06.400]  And I told them the city and the judge that was involved.
[21:06.400 --> 21:08.400]  And so when we went to court,
[21:08.400 --> 21:15.400]  about five days after I contacted that committee, now this judge was so polite,
[21:15.400 --> 21:19.400]  she was so nice to everybody in court except for Gary.
[21:19.400 --> 21:23.400]  And Gary stood up there as a witness, several other people did,
[21:23.400 --> 21:27.400]  and she asked Gary what he had to say or if he had anything to say.
[21:27.400 --> 21:28.400]  And he said, yes, I'm a witness.
[21:28.400 --> 21:36.400]  He said, I tried to file papers under Title 15-10-61 to have this moved to Superior Court.
[21:36.400 --> 21:38.400]  She says, I don't want to hear all that.
[21:38.400 --> 21:39.400]  Now you're testifying.
[21:39.400 --> 21:40.400]  He says, no, I'm not testifying.
[21:40.400 --> 21:42.400]  He says, you asked me if I have anything relevant to this case, and I do.
[21:42.400 --> 21:48.400]  I tried to help Mr. Amons file his papers to have it moved to Superior Court under Title 15.
[21:48.400 --> 21:49.400]  I don't want to hear all that.
[21:49.400 --> 21:52.400]  If you have anything relative to this case, I want to hear it.
[21:52.400 --> 21:54.400]  He says, absolutely relative to this case.
[21:54.400 --> 21:57.400]  And she says, I don't want to hear another thing.
[21:57.400 --> 21:59.400]  He says, well, you refused to accept it.
[21:59.400 --> 22:08.400]  And she told Gary, or she told, I don't know who she told because she didn't say exactly who to tell,
[22:08.400 --> 22:10.400]  I want him out of my courtroom right now.
[22:10.400 --> 22:14.400]  And one of the deputy sheriffs, they usually only have one,
[22:14.400 --> 22:16.400]  but for some reason this time they have four of them there.
[22:16.400 --> 22:20.400]  And one of them grabbed Gary and started to escort him out the building.
[22:20.400 --> 22:22.400]  Gary shook his hand loose from the guy and said, keep your hands off of me.
[22:22.400 --> 22:25.400]  He said, if you want me to leave, I'll leave, but don't put your hands on me.
[22:25.400 --> 22:29.400]  So then the deputy sheriff grabbed him again and escorted him out of the courtroom.
[22:29.400 --> 22:33.400]  And I had my Georgia criminal procedures book and a legal pamphlet.
[22:33.400 --> 22:35.400]  I was taking notes through the trial.
[22:35.400 --> 22:36.400]  I was dressed real nice.
[22:36.400 --> 22:39.400]  And so I put my stuff down.
[22:39.400 --> 22:44.400]  I ran outside and asked just to make sure that he wasn't arrested, asked where he was.
[22:44.400 --> 22:45.400]  And they said, well, he went outside.
[22:45.400 --> 22:48.400]  And I see him outside the glass just laughing, tickled to death.
[22:48.400 --> 22:56.400]  And so I go back in the courtroom and they ended up giving Mr. Amos a continuance on his case,
[22:56.400 --> 22:57.400]  which is great.
[22:57.400 --> 22:58.400]  I told them, there's nothing else.
[22:58.400 --> 22:59.400]  Don't argue with him.
[22:59.400 --> 23:01.400]  Just try to get a continuance to buy us some time,
[23:01.400 --> 23:07.400]  because the judicial qualification committee only hears cases once a month.
[23:07.400 --> 23:10.400]  And so she bought him 32 days.
[23:10.400 --> 23:16.400]  So she'll be getting reviewed by then.
[23:16.400 --> 23:21.400]  Also, being an attorney, we're going to file a complaint with the Bar Association on the ethics violations
[23:21.400 --> 23:25.400]  as well as the judicial ethics violations.
[23:25.400 --> 23:28.400]  And so we get out of that courtroom.
[23:28.400 --> 23:30.400]  We considered it a win at that time.
[23:30.400 --> 23:34.400]  But at least we got them to stop putting people in jail for not being able to pay a fine,
[23:34.400 --> 23:36.400]  because in Georgia, in the Constitution of Georgia,
[23:36.400 --> 23:40.400]  it says nobody can be in prison for a debt.
[23:40.400 --> 23:44.400]  And the attorney general couldn't answer my question when I questioned him about it.
[23:44.400 --> 23:51.400]  And Gary is going to file a complaint also with the judicial qualification committee as well as his son.
[23:51.400 --> 23:54.400]  And I'm also going to be filing a complaint,
[23:54.400 --> 23:59.400]  because I was a witness in the first case where I tried to testify and the judge said,
[23:59.400 --> 24:00.400]  I don't want to hear it.
[24:00.400 --> 24:02.400]  You already had your chance to say something.
[24:02.400 --> 24:04.400]  I'm not going to hear anything else out of you.
[24:04.400 --> 24:05.400]  And I just wanted to see the evidence.
[24:05.400 --> 24:08.400]  At least have Eddie see the evidence against him.
[24:08.400 --> 24:10.400]  She refused to let him see the evidence.
[24:10.400 --> 24:15.400]  They took some pictures in his yard of some vehicles that they considered junk vehicles.
[24:15.400 --> 24:16.400]  But all of them were registered.
[24:16.400 --> 24:17.400]  There was no missing parts.
[24:17.400 --> 24:22.400]  He didn't qualify for any of the elements of this so-called city ordinance.
[24:22.400 --> 24:26.400]  And they try to say that the city ordinance, you don't have a right to a jury trial.
[24:26.400 --> 24:30.400]  You have to go through their trial and then pay this high fine.
[24:30.400 --> 24:34.400]  And I challenged it, because they say you have to have, in order to file an appeal,
[24:34.400 --> 24:36.400]  you only have five days to file an appeal,
[24:36.400 --> 24:42.400]  which is against the federal Constitution and the Constitution of the state of Georgia.
[24:42.400 --> 24:46.400]  But they say you only have five days to file an appeal in this case.
[24:46.400 --> 24:48.400]  And I challenged them through the attorney general.
[24:48.400 --> 24:50.400]  And he says, well, he was finally stumped.
[24:50.400 --> 24:51.400]  He didn't know what to say.
[24:51.400 --> 24:54.400]  And then I went to the appellant court of Georgia.
[24:54.400 --> 24:58.400]  And they said, no, you have 30 days no matter what in any case, in any court.
[24:58.400 --> 25:03.400]  So we went back to get a copy of the appeal rights, and they wouldn't give it to us.
[25:03.400 --> 25:07.400]  And it says on the appeal rights, it says you have to file within five days.
[25:07.400 --> 25:11.400]  Then you have to pay these erroneous fees for a $350 fine.
[25:11.400 --> 25:15.400]  You have to pay $900-something to file an appeal.
[25:15.400 --> 25:19.400]  And not only that, the judge has to sign the appeal.
[25:19.400 --> 25:24.400]  You can't get out of jail until the judge signs the appeal, an attorney signs the appeal,
[25:24.400 --> 25:27.400]  a bondsman signs the appeal, and the defendant.
[25:27.400 --> 25:31.400]  And I told the attorney general in the United States, in the Constitution,
[25:31.400 --> 25:33.400]  you have a right to represent yourself.
[25:33.400 --> 25:35.400]  So why does an attorney have to sign it?
[25:35.400 --> 25:40.400]  And as far as a bondsman's signing it, you have a right to put up a property bond or a cash bond.
[25:40.400 --> 25:42.400]  So why does a bondsman have to sign the appeal?
[25:42.400 --> 25:45.400]  Is it just to generate revenue for the bonding agent?
[25:45.400 --> 25:48.400]  Do you have a contract to make money?
[25:48.400 --> 25:51.400]  And the attorney general couldn't answer me whatsoever.
[25:51.400 --> 25:55.400]  Well, now, in this, you said this is a city ordinance violation they've come up with.
[25:55.400 --> 25:59.400]  Have they given it a nature of criminal or civil?
[25:59.400 --> 26:00.400]  It's criminal.
[26:00.400 --> 26:03.400]  Because in the first case where his son was there,
[26:03.400 --> 26:06.400]  they wanted to go in his backyard behind his privacy fence,
[26:06.400 --> 26:08.400]  which that's an exemption to the junk vehicles.
[26:08.400 --> 26:12.400]  If it's behind a privacy fence, then it doesn't matter.
[26:12.400 --> 26:14.400]  I've read the ordinance on that.
[26:14.400 --> 26:17.400]  So they wanted to go behind the fence to look at it.
[26:17.400 --> 26:19.400]  So he goes, no, well, do you have a search warrant?
[26:19.400 --> 26:20.400]  He says, I don't need one.
[26:20.400 --> 26:22.400]  I'm a code enforcement officer.
[26:22.400 --> 26:24.400]  I can go anywhere I want to.
[26:24.400 --> 26:27.400]  So Eddie says, well, unless you have a warrant, you can't go there.
[26:27.400 --> 26:31.400]  So then he wrote him a citation for obstruction of justice.
[26:31.400 --> 26:34.400]  Now, we beat the – well, I'm not going to say we beat,
[26:34.400 --> 26:39.400]  because we should have never been there to start with as far as his vehicles running,
[26:39.400 --> 26:43.400]  because all of them ran and the taxes were all paid on them.
[26:43.400 --> 26:45.400]  So they just wanted to come in his yard,
[26:45.400 --> 26:48.400]  look in his backyard to ride him up for some other stuff,
[26:48.400 --> 26:51.400]  which he had some barbecue grills, a couple of lawnmowers,
[26:51.400 --> 26:54.400]  riding lawnmowers that, you know, weren't brand new,
[26:54.400 --> 26:56.400]  but they worked and cut his grass with it.
[26:56.400 --> 26:59.400]  So instead of them, you know, junk, solid waste.
[26:59.400 --> 27:05.400]  And they go under this international – I don't know what it is right off the bat.
[27:05.400 --> 27:06.400]  I'd have to call you back later,
[27:06.400 --> 27:13.400]  but it's an international – some kind of international law to where they can come onto your property
[27:13.400 --> 27:16.400]  and even if the caulking on your windows has a crack in it,
[27:16.400 --> 27:20.400]  they can write you a citation for a crack in the caulking on your windows.
[27:20.400 --> 27:24.400]  I couldn't believe the things on this list that they can get you in violation of.
[27:24.400 --> 27:29.400]  And if that was the case, I guarantee you 40% of the houses in Columbus, Georgia would be shut down
[27:29.400 --> 27:32.400]  and people would have to pay a $500 fine for it.
[27:32.400 --> 27:36.400]  But the obstruction of justice, you know, he tried to question that with the judge
[27:36.400 --> 27:38.400]  because he has the right to peaceful ownership of property
[27:38.400 --> 27:43.400]  and not only his Fourth Amendment right and the judge – she didn't want to hear it.
[27:43.400 --> 27:47.400]  She went and looked in her book and then found him guilty $350 for –
[27:47.400 --> 27:51.400]  she said if you had just let the officer go back there and listened to your cars run,
[27:51.400 --> 27:53.400]  then you wouldn't be in the position you're in.
[27:53.400 --> 27:55.400]  I mean she was just totally rude with him.
[27:55.400 --> 27:59.400]  So then when his father came up, she just bent over backwards to be as nice as she could
[27:59.400 --> 28:02.400]  because we've already started filing complaints with the sheriff's department,
[28:02.400 --> 28:05.400]  with the judicial review committee, and as well as the Bar Association.
[28:05.400 --> 28:12.400]  So now she's turned around 180 degrees on her face to where she was trying to bend over as nice as she could
[28:12.400 --> 28:18.400]  until Gary got there putting his foot down about the right to a jury trial,
[28:18.400 --> 28:21.400]  which you have in Georgia and in the United States of America.
[28:21.400 --> 28:34.400]  And also I told the attorney general that even though the environmental court has the right to hear those cases
[28:34.400 --> 28:41.400]  of city ordinances, you have to give that judge jurisdiction to hear it.
[28:41.400 --> 28:45.400]  Otherwise you have a right to go to the superior court or the state court where you can have a jury trial.
[28:45.400 --> 28:50.400]  And the only person that can give them jurisdiction is you because you do have a right to a jury trial.
[28:50.400 --> 28:54.400]  The only way to get in is they don't hold a jury trial in environmental court.
[28:54.400 --> 28:56.400]  You don't have to have your case heard there.
[28:56.400 --> 29:01.400]  But in Georgia law it says if you want a jury trial under 15-10-61,
[29:01.400 --> 29:04.400]  you have to put it in writing and file it with the clerk's office.
[29:04.400 --> 29:11.400]  Okay, have you filed criminal charges against the judge for denying the jury trial?
[29:11.400 --> 29:16.400]  That's what we're in the process of doing now because he thought that he could slide it in at trial
[29:16.400 --> 29:23.400]  because we went ahead and had it filed through the post office and had a return signature request.
[29:23.400 --> 29:25.400]  So they've received it.
[29:25.400 --> 29:29.400]  So as long as it's been served to them as far as I understand,
[29:29.400 --> 29:34.400]  then they have receipt of that notice to have it moved to superior court.
[29:34.400 --> 29:35.400]  Good.
[29:35.400 --> 29:40.400]  Keep on this and keep us posted on what they're doing.
[29:40.400 --> 29:41.400]  I will.
[29:41.400 --> 29:43.400]  And you've been a very big help.
[29:43.400 --> 29:46.400]  If we get the break, is everybody out there getting this?
[29:46.400 --> 29:47.400]  Okay, wait, wait.
[29:47.400 --> 29:48.400]  We're about to go to break.
[29:48.400 --> 29:49.400]  Hold on.
[29:49.400 --> 29:50.400]  Okay.
[29:50.400 --> 29:52.400]  Check this out, Eddie.
[29:52.400 --> 29:55.400]  This is Randy Kelton, Eddie Craig, Deborah Stevens.
[29:55.400 --> 29:58.400]  We'll be right back.
[29:58.400 --> 30:03.400]  Gold prices are at historic highs and with the recent pullback this is a great time to buy.
[30:03.400 --> 30:07.400]  With the value of the dollar, risks of inflation, geopolitical uncertainties
[30:07.400 --> 30:11.400]  and instability in world financial systems, I see gold going up much higher.
[30:11.400 --> 30:14.400]  Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
[30:14.400 --> 30:18.400]  Everybody should have some of their assets in investment grade precious metals.
[30:18.400 --> 30:22.400]  At Roberts and Roberts Brokerage, you can buy gold, silver and platinum with confidence
[30:22.400 --> 30:27.400]  from a brokerage that specialized in the precious metals market since 1977.
[30:27.400 --> 30:31.400]  If you are new to precious metals, we will happily provide you with the information you need
[30:31.400 --> 30:35.400]  to make an informed decision whether or not you choose to purchase from us.
[30:35.400 --> 30:38.400]  Also, Roberts and Roberts Brokerage values your privacy
[30:38.400 --> 30:43.400]  and will always advise you in the event that we would be required to report any transaction.
[30:43.400 --> 30:48.400]  If you have gold, silver or platinum you'd like to sell, we can convert it for immediate payment.
[30:48.400 --> 30:52.400]  Call us at 800-874-9760.
[30:52.400 --> 31:09.400]  We are Roberts and Roberts Brokerage, 800-874-9760.
[31:22.400 --> 31:38.400]  Okay, we're back.
[31:38.400 --> 31:43.400]  Randy Kelton, Debra Stevens, Eddie Craig, Rue Law Radio.
[31:43.400 --> 31:47.400]  Okay, that was John from Georgia.
[31:47.400 --> 31:53.400]  Now we're going to go to Steve from Texas.
[31:53.400 --> 31:54.400]  Steve, you there?
[31:54.400 --> 31:56.400]  Yes, sir.
[31:56.400 --> 32:02.400]  Mr. Kelton, this might sound just really, really crazy
[32:02.400 --> 32:04.400]  and I hope you don't think less of me for it,
[32:04.400 --> 32:11.400]  but I heard a long while back a story of how we got Admiralty Law,
[32:11.400 --> 32:15.400]  that is the water of the sea, on the land.
[32:15.400 --> 32:20.400]  And it was done by a precedence set by Lewis and Clark.
[32:20.400 --> 32:23.400]  Are you familiar with this story?
[32:23.400 --> 32:24.400]  No.
[32:24.400 --> 32:25.400]  Okay.
[32:25.400 --> 32:33.400]  Lewis and Clark were delegated the task of finding a trade route from the East Coast to the West.
[32:33.400 --> 32:38.400]  They came across the Great Divide and realized that water quit flowing uphill.
[32:38.400 --> 32:39.400]  Water doesn't flow uphill.
[32:39.400 --> 32:48.400]  So what they did was they enlisted the aid of some of the locals to help them drag that vessel across dry ground
[32:48.400 --> 32:52.400]  while Lewis and Clark stayed on board and navigated,
[32:52.400 --> 32:56.400]  therefore setting the precedence of bringing the water to the land.
[32:56.400 --> 33:02.400]  Now I understand you're probably going to say, well, where's the salt?
[33:02.400 --> 33:04.400]  I understand there's no salt in this.
[33:04.400 --> 33:07.400]  Now you couple this with the idea.
[33:07.400 --> 33:13.400]  Now granted that a thing similar is not exactly the same.
[33:13.400 --> 33:21.400]  You can change the appearance or change the physical structure of something
[33:21.400 --> 33:25.400]  and make it close enough to be called the same.
[33:25.400 --> 33:27.400]  Look at your courthouse.
[33:27.400 --> 33:30.400]  Your courthouse is a vessel on dry land.
[33:30.400 --> 33:32.400]  How do we get there?
[33:32.400 --> 33:33.400]  How do we get there?
[33:33.400 --> 33:36.400]  Well, that I don't know.
[33:36.400 --> 33:38.400]  I'm throwing this out for you.
[33:38.400 --> 33:42.400]  These people are calling everything a vessel.
[33:42.400 --> 33:45.400]  A vessel is something that holds something else.
[33:45.400 --> 33:46.400]  Right.
[33:46.400 --> 33:55.400]  And a vessel in the maritime context is not just a pitcher or a cup.
[33:55.400 --> 34:02.400]  It's a ship designed to operate on navigatable waters.
[34:02.400 --> 34:03.400]  Right.
[34:03.400 --> 34:08.400]  A vessel is not what gives it maritime jurisdiction.
[34:08.400 --> 34:13.400]  Navigatable waters give it maritime jurisdiction.
[34:13.400 --> 34:16.400]  Okay, well, follow me here.
[34:16.400 --> 34:18.400]  Just humor me with this.
[34:18.400 --> 34:21.400]  You're probably still going to think I'm crazy at the end of this,
[34:21.400 --> 34:28.400]  but there are enough similarities in a courthouse with a vessel
[34:28.400 --> 34:32.400]  that was windblown hundreds of years ago across the oceans.
[34:32.400 --> 34:34.400]  When you go up to the courthouse,
[34:34.400 --> 34:38.400]  most of them have a line of demarcation around the building.
[34:38.400 --> 34:40.400]  That would be your watermark.
[34:40.400 --> 34:45.400]  In the days when ships were blown across the seas,
[34:45.400 --> 34:48.400]  they held court in the chapel.
[34:48.400 --> 34:53.400]  Go into the courtroom, and what you're walking into is a chapel.
[34:53.400 --> 34:56.400]  You've got a row of pews on the left, a row of pews on the right,
[34:56.400 --> 35:00.400]  the center aisle, and the priest sits up front.
[35:00.400 --> 35:10.400]  Now, it could be that there are enough similarities in the courthouse
[35:10.400 --> 35:16.400]  to call it a vessel, and in that chapel, you hold court.
[35:16.400 --> 35:19.400]  Now, I have the understanding that on high seas,
[35:19.400 --> 35:22.400]  the captain of the ship or the admiral of the ship,
[35:22.400 --> 35:28.400]  his sole purpose is to see to the safety of the cargo, the chattel, and the crew.
[35:28.400 --> 35:31.400]  If you've got some guy with scurvy trying to hack a hole in the bottom,
[35:31.400 --> 35:35.400]  they're going to hold a trial and walk his butt off the gangplank
[35:35.400 --> 35:39.400]  so that he doesn't sink the ship, and that's what the judge is doing.
[35:39.400 --> 35:45.400]  He's holding court so he can walk your crazy butt off the gangplank
[35:45.400 --> 35:48.400]  and keep you from sinking the ship.
[35:48.400 --> 35:54.400]  Now, coupled with the precedent set by navigating on dry land by Lewis and Clark,
[35:54.400 --> 35:59.400]  is it not possible that without statute to back that up,
[35:59.400 --> 36:07.400]  that this is how we may actually have gotten the law of the sea operating on the land?
[36:07.400 --> 36:12.400]  From my recent study of the case law, no, it's not possible.
[36:12.400 --> 36:13.400]  Okay.
[36:13.400 --> 36:22.400]  It's because they're equating maritime jurisdiction with the vessel, and it's not the vessel.
[36:22.400 --> 36:27.400]  The maritime jurisdiction goes to the navigable waters, not the vessel.
[36:27.400 --> 36:33.400]  If I'm swimming, if I jump off a ship into the ocean and I'm swimming in the ocean
[36:33.400 --> 36:39.400]  and another boat comes along and runs me over, I can sue him in maritime.
[36:39.400 --> 36:40.400]  Sure.
[36:40.400 --> 36:46.400]  It's the navigable waters that make it maritime, not the vessel.
[36:46.400 --> 36:52.400]  These guys are trying real hard to find a way to get to that maritime lien.
[36:52.400 --> 36:54.400]  Absolutely.
[36:54.400 --> 36:56.400]  And they're trying too hard.
[36:56.400 --> 37:02.400]  It was never intended to apply, and it simply does not.
[37:02.400 --> 37:12.400]  Now, what may apply is a lien in that they're creating a contractual lien.
[37:12.400 --> 37:16.400]  They're calling it maritime, but it's not.
[37:16.400 --> 37:20.400]  It's a lien created under contract.
[37:20.400 --> 37:26.400]  You're saying under the maritime that whoever you put the lien on their property
[37:26.400 --> 37:33.400]  can somehow change jurisdiction and wiggle out from under the bindings of the lien?
[37:33.400 --> 37:47.400]  No, it goes to the reason these people haven't gotten trouble yet is that they're creating a contractual lien.
[37:47.400 --> 37:52.400]  Now, whether or not that'll stand up, I have serious questions,
[37:52.400 --> 38:00.400]  but here we have people giving notice and opportunity to repair.
[38:00.400 --> 38:06.400]  Unlike what the Republic of Texas did where they just filed a notice of lien,
[38:06.400 --> 38:17.400]  these guys are presenting them with a tort letter and only presenting them with a tort letter
[38:17.400 --> 38:22.400]  after the other person has initiated some kind of interaction.
[38:22.400 --> 38:29.400]  So the other person's initiation of an interaction is an offer to contract.
[38:29.400 --> 38:38.400]  And then the filing of the notice of harm is a counteroffer.
[38:38.400 --> 38:46.400]  And since the other person initiated the original offer, the other person is bound.
[38:46.400 --> 38:54.400]  They initiated the offer by creating a condition of tort, harmed you.
[38:54.400 --> 38:58.400]  You notice them of the harm and give them opportunity to repair.
[38:58.400 --> 39:03.400]  This is something they have a duty to do.
[39:03.400 --> 39:04.400]  Right.
[39:04.400 --> 39:11.400]  We had people just send in a letter to someone saying, you have to do this thing.
[39:11.400 --> 39:18.400]  If you don't do this thing, then you owe me X amount of dollars.
[39:18.400 --> 39:21.400]  And I said, wait a minute, wait a minute, wait a minute.
[39:21.400 --> 39:26.400]  You can't engage me in a unilateral contract.
[39:26.400 --> 39:32.400]  Just because you tell me I have to do something, that invokes no duty on me to do it.
[39:32.400 --> 39:39.400]  So I can't be held responsible for not doing what I have no duty to do.
[39:39.400 --> 39:46.400]  If I initiate the action and cause a harm to you, now I've invoked a duty.
[39:46.400 --> 39:48.400]  I have a duty to make you whole.
[39:48.400 --> 39:56.400]  And what they're doing with these liens is after someone has done something to start the interaction,
[39:56.400 --> 40:00.400]  then their filings are in response.
[40:00.400 --> 40:03.400]  So that's a whole different ball game.
[40:03.400 --> 40:05.400]  Then they give them opportunity to repair.
[40:05.400 --> 40:13.400]  And then when they don't, then they claim a lien for the damage that was caused, the harm.
[40:13.400 --> 40:14.400]  Right.
[40:14.400 --> 40:17.400]  And that may keep them out of trouble.
[40:17.400 --> 40:20.400]  I suspect the courts are going to start throwing out the liens,
[40:20.400 --> 40:24.400]  but they're not going to start arresting the people who filed the liens.
[40:24.400 --> 40:25.400]  But how can they throw out the lien?
[40:25.400 --> 40:30.400]  I thought only he who issued the lien can let the lien.
[40:30.400 --> 40:33.400]  I don't know if they got that.
[40:33.400 --> 40:34.400]  Okay.
[40:34.400 --> 40:40.400]  They will throw it out, and what they'll do is claim that a lien was never created.
[40:40.400 --> 40:49.400]  But whether they're right or wrong, it looks less dangerous than the kinds of liens the Republic of Texas was filing,
[40:49.400 --> 40:51.400]  where there was no legal support at all.
[40:51.400 --> 40:52.400]  Sure.
[40:52.400 --> 41:02.400]  At least they've created a track record to show that a harm was created and opportunity was given to repair.
[41:02.400 --> 41:15.400]  But as to the lien being maritime, I just can't see that ever happening, because we can't get – everything goes to the sea.
[41:15.400 --> 41:16.400]  Right.
[41:16.400 --> 41:24.400]  An aircraft is a vessel, and if the vessel is over the land, it doesn't fall under maritime.
[41:24.400 --> 41:25.400]  Yeah.
[41:25.400 --> 41:26.400]  We were talking on the phone the other day.
[41:26.400 --> 41:30.400]  You were telling me that the air is not salty enough, and I understand that concept.
[41:30.400 --> 41:34.400]  Not salty enough went to an insurance contract.
[41:34.400 --> 41:35.400]  Right.
[41:35.400 --> 41:47.400]  Where an insurance company that insured maritime operations insured this company that built boats.
[41:47.400 --> 41:52.400]  But the guy that was killed working on the boat wasn't on the sea.
[41:52.400 --> 42:03.400]  He was working on something designed to go on the sea, but it wasn't on the sea at the time, and therefore it wasn't salty enough.
[42:03.400 --> 42:05.400]  Right.
[42:05.400 --> 42:11.400]  So if it's on land, it's in the statutory.
[42:11.400 --> 42:21.400]  If it's on navigable waters – now, if it's on a lake with no outlet, that's not navigable.
[42:21.400 --> 42:25.400]  Then you've got to have a river that goes to the ocean.
[42:25.400 --> 42:28.400]  Yes, to make it navigable.
[42:28.400 --> 42:31.400]  So that's the only way.
[42:31.400 --> 42:33.400]  It's not vessel.
[42:33.400 --> 42:36.400]  It's navigable waters.
[42:36.400 --> 42:39.400]  I'm trying to get this navigable.
[42:39.400 --> 42:40.400]  Right.
[42:40.400 --> 42:43.400]  Eddie corrected my pronunciation.
[42:43.400 --> 42:45.400]  Yeah, I see it.
[42:45.400 --> 42:47.400]  Navigable waters.
[42:47.400 --> 42:49.400]  Right.
[42:49.400 --> 42:52.400]  Anyway, I can't find any other way to get there.
[42:52.400 --> 42:57.400]  And if there's anybody out there listening that has a way to get me there, I would very much like to see it.
[42:57.400 --> 43:09.400]  If they can't, then we need to be extremely careful about thinking that we're in maritime, when we may well not be.
[43:09.400 --> 43:14.400]  I think maritime was thrown away a long time ago.
[43:14.400 --> 43:20.400]  I think it was thrown away through the De-Incorporation Act when the United States became a corporation.
[43:20.400 --> 43:23.400]  Well, no, maritime still exists.
[43:23.400 --> 43:26.400]  The same place it always did.
[43:26.400 --> 43:28.400]  It hasn't changed.
[43:28.400 --> 43:30.400]  Then why can't we use it?
[43:30.400 --> 43:31.400]  Navigable waters.
[43:31.400 --> 43:34.400]  We can if we're on navigable waters.
[43:34.400 --> 43:37.400]  If you get out in Mississippi, you're in maritime.
[43:37.400 --> 43:39.400]  I hear the music. I'll let you go.
[43:39.400 --> 43:41.400]  Thank you very much, Randy.
[43:41.400 --> 43:42.400]  Thank you, too.
[43:42.400 --> 43:43.400]  Bye-bye.
[43:43.400 --> 43:46.400]  We've got one more segment left.
[43:46.400 --> 43:48.400]  It's Randy Kelton, Deborah Stevens.
[43:48.400 --> 43:49.400]  Oh, no.
[43:49.400 --> 43:51.400]  We've got five more segments left.
[43:51.400 --> 43:53.400]  We've got a lot of time.
[43:53.400 --> 43:54.400]  Okay.
[43:54.400 --> 43:56.400]  Randy Kelton, Deborah Stevens, rule of law.
[43:56.400 --> 43:58.400]  We'll be right back.
[43:58.400 --> 44:00.400]  Attention.
[44:00.400 --> 44:12.400]  From hempusa.org, micro plant powder will change your life by removing all types of positive toxins, such as heavy metals, parasites, bacteria, viruses, and fungus from the digestive tract and stomach wall
[44:12.400 --> 44:14.400]  so you can absorb nutrients.
[44:14.400 --> 44:23.400]  Micro plant powder is 89% silica and packed with a negative charge that attracts positive toxins from the blood, organ, spine, and brain.
[44:23.400 --> 44:29.400]  This product has the ability to rebuild cartilage and bone, which allows synovial fluid to return to the joints.
[44:29.400 --> 44:35.400]  Silica is a precursor to calcium, meaning the body turns silica into calcium and is great for the heart.
[44:35.400 --> 44:41.400]  There is no better time than now to have micro plant powder on your shelf or in your storage shelter.
[44:41.400 --> 44:44.400]  And with an unlimited shelf life, you can store it anywhere.
[44:44.400 --> 44:49.400]  Call 908-691-2608 or visit hempusa.org.
[44:49.400 --> 44:51.400]  It's a great way to change your life.
[44:51.400 --> 45:12.400]  So call 908-691-2608 or visit us at hempusa.org today.
[45:22.400 --> 45:31.400]  Yeah, a story for everyone to hear.
[45:31.400 --> 45:35.400]  Thought I was not going to give it a feel.
[45:35.400 --> 45:39.400]  Yeah, a story.
[45:39.400 --> 45:44.400]  I'm going.
[45:44.400 --> 45:54.400]  I will.
[45:54.400 --> 45:58.400]  With.
[45:58.400 --> 46:01.400]  With.
[46:01.400 --> 46:07.400]  Hey.
[46:07.400 --> 46:18.400]  I will.
[46:18.400 --> 46:29.400]  I will.
[46:29.400 --> 46:56.400]  Oh, OK, we're back.
[46:56.400 --> 47:02.400]  Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[47:02.400 --> 47:06.400]  We're going to go to Doug from Texas.
[47:06.400 --> 47:07.400]  Hello, Doug.
[47:07.400 --> 47:08.400]  Can you hear us?
[47:08.400 --> 47:09.400]  Yeah, I can.
[47:09.400 --> 47:10.400]  Can you hear me?
[47:10.400 --> 47:11.400]  Yes, we can.
[47:11.400 --> 47:13.400]  OK, good.
[47:13.400 --> 47:22.400]  I want to talk about my favorite subject is DWI laws and how ridiculous I think they are.
[47:22.400 --> 47:27.400]  Because what they do is they take a little, they have prima facie cases.
[47:27.400 --> 47:40.400]  You have such and such blood level that you are impaired by, you know, a degree, whatever, 50% or this or that or the other.
[47:40.400 --> 48:00.400]  And let's talk about the disparity between the people driving the road, people that are with an 85 IQ, that have ADHD, that couldn't, you know, aren't really capable of getting behind the wheel to begin with.
[48:00.400 --> 48:08.400]  And on their best day, how would they compare with, say, Mario Andretti if he was 50% impaired?
[48:08.400 --> 48:10.400]  Well, now, don't disparage the police officers.
[48:10.400 --> 48:13.400]  They don't know any better.
[48:13.400 --> 48:18.400]  Well, I certainly wouldn't do that.
[48:18.400 --> 48:28.400]  Are you saying that people should be allowed to drive on the highways intoxicated?
[48:28.400 --> 48:30.400]  People do it all the time.
[48:30.400 --> 48:35.400]  I mean, intoxicated on their Prozac and this and that and the other.
[48:35.400 --> 48:38.400]  You understand, you know, I was in Vietnam.
[48:38.400 --> 48:53.400]  And in all of Vietnam, Vietnam started about, started in 1946 is where it actually started to somewhere 1970 something.
[48:53.400 --> 48:58.400]  50,000 U.S. soldiers died in Vietnam.
[48:58.400 --> 49:06.400]  More people die on the highways every year than died in all of Vietnam.
[49:06.400 --> 49:15.400]  And by far, the high majority of them involve alcohol.
[49:15.400 --> 49:18.400]  This is not a minor problem.
[49:18.400 --> 49:26.400]  This is people being extremely reckless and killing our friends and neighbors.
[49:26.400 --> 49:28.400]  I am not the least bit.
[49:28.400 --> 49:35.400]  I have no pity for someone who gets nailed for driving under the influence.
[49:35.400 --> 49:49.400]  What I do have a problem with are the police taking this serious problem and using it as a way to beat the crap out of people who are not impaired.
[49:49.400 --> 49:52.400]  Use it as a source of income.
[49:52.400 --> 49:57.400]  They get out there and do this test and it's objective.
[49:57.400 --> 50:00.400]  If they want you to fail, they just claim you fail.
[50:00.400 --> 50:04.400]  And testifying is becoming a common practice.
[50:04.400 --> 50:11.400]  So I'm not against restricting people from driving while intoxicated.
[50:11.400 --> 50:15.400]  I think it's incredibly irresponsible.
[50:15.400 --> 50:27.400]  But it's not our purpose of our show to get rid of law or law and order.
[50:27.400 --> 50:36.400]  Effectively, I want good law, but I want it well enforced and not arbitrarily the way it is.
[50:36.400 --> 50:50.400]  I think you missed the point, Randy. What I'm saying is the disparity between the people's ability to drive is so great that how could they come to you and say,
[50:50.400 --> 51:03.400]  well, you're not at the top of your game because we have prima facie evidence that you've had 0.1 percent or whatever it comes out to.
[51:03.400 --> 51:07.400]  And therefore, you're not at the top of your game.
[51:07.400 --> 51:20.400]  Well, Tiger Woods, Michael Jordan or anybody else, the superstar could beat me when they were falling down drunk.
[51:20.400 --> 51:27.400]  They would be more proficient at what they were doing than I would be on my best day.
[51:27.400 --> 51:30.400]  So how does that square?
[51:30.400 --> 51:43.400]  Well, how would you, if you had to determine how to keep our women and children from being killed by drunk drivers, where would you draw the line?
[51:43.400 --> 52:03.400]  I would draw the line that when you're dysfunctional and you cannot pass the standard driving test that we give anybody before we issue them a license, that's when you would get DWI.
[52:03.400 --> 52:13.400]  And they could do that with a simulator like they have flight simulators, driving simulators or whatever.
[52:13.400 --> 52:24.400]  In other words, when your proficiency falls below the minimal standards of taking this test, you're, you know...
[52:24.400 --> 52:26.400]  Okay, so how would we do this?
[52:26.400 --> 52:31.400]  We'd have to set up a simulator or a parking lot somewhere.
[52:31.400 --> 52:41.400]  And if they suspect you of DWI, then they have you follow them to the parking lot or somebody else drive the car to the parking lot,
[52:41.400 --> 52:50.400]  and then you get out and let you get in the car and see if you can pass the driving test in the parking lot or go to where a simulator is?
[52:50.400 --> 52:55.400]  A lot of times they stop people because they had a light bulb out or something like that.
[52:55.400 --> 53:09.400]  And then they say, oh, I smelled alcohol on his breath and they didn't have a clue that he was intoxicated from his driving,
[53:09.400 --> 53:15.400]  but they stopped him because he had a light bulb out and then they smelled alcohol on his breath.
[53:15.400 --> 53:21.400]  Here's the problem with alcohol and driving.
[53:21.400 --> 53:29.400]  We, when we drink the alcohol, we personally have the perception that we're fine.
[53:29.400 --> 53:36.400]  And we don't realize that our reflexes slow down.
[53:36.400 --> 53:38.400]  So we think we're okay.
[53:38.400 --> 53:44.400]  I mean, how many people here have tried to take the keys away from a drunk?
[53:44.400 --> 53:57.400]  He's obviously so drunk he has no idea what he's doing, but in his mind, in his state, he thinks he's perfectly fine.
[53:57.400 --> 54:00.400]  Six kids coming home from a high school game.
[54:00.400 --> 54:19.400]  A guy crossed, I've 20 out of Fort Worth, crossed over a 150 foot center section, came up on the opposite side of road and killed them all.
[54:19.400 --> 54:21.400]  And he thought he was fine.
[54:21.400 --> 54:35.400]  I watched a video of a policeman running down the highway and a car is on the opposite side running in the opposite direction against traffic at 90 miles an hour.
[54:35.400 --> 54:44.400]  And this policeman's doing everything he can to catch him and before he can catch him, he smacks into a car and kill three people.
[54:44.400 --> 54:47.400]  And the guy lived.
[54:47.400 --> 54:51.400]  And the guy certainly thought he was just fine.
[54:51.400 --> 54:55.400]  Didn't realize he's running 90 miles an hour down the wrong side of the road.
[54:55.400 --> 54:59.400]  So how do we, this is a hard problem.
[54:59.400 --> 55:13.400]  You know, how do we keep people who are irresponsible, or even if they're not irresponsible, once you reach a point of alcohol, and this doesn't happen to everybody.
[55:13.400 --> 55:17.400]  Some people keep their faculties, some people don't.
[55:17.400 --> 55:19.400]  And how do we tell?
[55:19.400 --> 55:28.400]  Somewhere we have to find a median line and they've tried to draw one.
[55:28.400 --> 55:36.400]  I'm not, I don't know if the.08 alcohol is reasonable or not.
[55:36.400 --> 55:43.400]  But we have to have a place to work from.
[55:43.400 --> 55:52.400]  What ruins that are policemen who use the tools they have and abuse them.
[55:52.400 --> 56:04.400]  So we set up a good tool that strikes a good balance and then we have policemen out there who have a quota to make and they just cheat.
[56:04.400 --> 56:07.400]  The problem's not throwing out something that works.
[56:07.400 --> 56:11.400]  The problem is about disciplining our police officers.
[56:11.400 --> 56:15.400]  At least that's where I stand on that issue.
[56:15.400 --> 56:17.400]  I don't know how else to fix this.
[56:17.400 --> 56:34.400]  Randy, my point is that if they say you are 50% impaired, you might be 50% impaired and still be a whole lot better than somebody.
[56:34.400 --> 56:45.400]  You know, you've driven a million miles or two million or whatever and you have, you know, a triple-digit IQ and this, that, and other.
[56:45.400 --> 57:04.400]  And you might be more qualified than some little nitwit with an 85 IQ, personality disorders, playing with their little girlfriend's thong and this, that, and other that is, you know,
[57:04.400 --> 57:15.400]  ten times the menace to the health and welfare of the population that you are and yet you're going to be charged with something.
[57:15.400 --> 57:17.400]  Well, that's a false comparison.
[57:17.400 --> 57:28.400]  So what you're saying is because there are other problems we have to deal with, we should not deal with this problem.
[57:28.400 --> 57:34.400]  No, what I'm saying is that there is nothing.
[57:34.400 --> 57:41.400]  That's like saying, well, this little crackhead robbed a liquor store and, well, that's what he's supposed to do.
[57:41.400 --> 57:43.400]  I mean, that's the way he is.
[57:43.400 --> 57:46.400]  But this priest went in there and did it.
[57:46.400 --> 57:50.400]  We expect a little higher standard of him.
[57:50.400 --> 58:01.400]  Well, the problem with your premise, though, is that in order to do what you're insinuating, it would be required that the rule of law would not be equally applied to all.
[58:01.400 --> 58:04.400]  It's not equally applied, Eddie.
[58:04.400 --> 58:07.400]  Yeah, but you're asking to do it as a matter of law.
[58:07.400 --> 58:14.400]  It's illegally not equally applied right now.
[58:14.400 --> 58:16.400]  We'll come back to this after a break.
[58:16.400 --> 58:17.400]  All right.
[58:17.400 --> 58:23.400]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio with Eddie Craig.
[58:23.400 --> 58:52.400]  We'll be right back.
[58:53.400 --> 59:20.400]  Thank you.
[59:20.400 --> 59:35.400]  Thank you.
[59:35.400 --> 01:00:00.400]  Thank you.
[01:00:00.400 --> 01:00:05.400]  Listening to the Rule of Law Radio Network at ruleoflawradio.com.
[01:00:05.400 --> 01:00:23.400]  Live free speech talk radio at its best.
[01:00:23.400 --> 01:00:31.400]  Okay, we're back.
[01:00:31.400 --> 01:00:37.400]  Randy Kelton, Eddie Craig, Deborah Stevens has the night off.
[01:00:37.400 --> 01:00:44.400]  Rule of Law Radio, we were talking to Doug from Texas about DUI laws.
[01:00:44.400 --> 01:00:48.400]  And here's a concern I have.
[01:00:48.400 --> 01:00:50.400]  We have a problem.
[01:00:50.400 --> 01:00:52.400]  We have a problem with drunk drivers.
[01:00:52.400 --> 01:00:55.400]  We have a problem with incompetent drivers.
[01:00:55.400 --> 01:01:02.400]  We have a problem with people who probably should never be allowed to drive.
[01:01:02.400 --> 01:01:07.400]  But then again, we have a right to drive.
[01:01:07.400 --> 01:01:14.400]  And then we have a problem with police properly adjudicating the law.
[01:01:14.400 --> 01:01:21.400]  So do we throw out all the laws because the police are not adjudicating them properly?
[01:01:21.400 --> 01:01:33.400]  Do we allow an intolerable hazard to exist because there are other hazards that also exist?
[01:01:33.400 --> 01:01:39.400]  And if we don't, how do we handle the DUI problem?
[01:01:39.400 --> 01:01:46.400]  My suggestion is, is that we hammer the police when they don't do their job right.
[01:01:46.400 --> 01:01:53.400]  Instead of throwing out the laws that the police are supposed to be properly adjudicating.
[01:01:53.400 --> 01:01:56.400]  What do you suggest, Doug?
[01:01:56.400 --> 01:02:02.400]  Randy, I think you noticed up there we said we don't have the right to drive.
[01:02:02.400 --> 01:02:04.400]  We have a privilege to drive.
[01:02:04.400 --> 01:02:07.400]  We have the right to travel.
[01:02:07.400 --> 01:02:14.400]  And I suggest that we pay people according to the conduct.
[01:02:14.400 --> 01:02:18.400]  In other words, it's just –
[01:02:18.400 --> 01:02:19.400]  Wait a minute.
[01:02:19.400 --> 01:02:20.400]  Wait a minute.
[01:02:20.400 --> 01:02:21.400]  There's something wrong with your connection.
[01:02:21.400 --> 01:02:24.400]  I can hardly understand you.
[01:02:24.400 --> 01:02:26.400]  Okay.
[01:02:26.400 --> 01:02:31.400]  You've gotten real muffled, Doug.
[01:02:31.400 --> 01:02:32.400]  Okay.
[01:02:32.400 --> 01:02:38.400]  I have a hard mind, but I've got a bunch of thoughts.
[01:02:38.400 --> 01:02:41.400]  Has your dog been licking the mouthpiece?
[01:02:41.400 --> 01:02:42.400]  Yeah.
[01:02:42.400 --> 01:02:44.400]  That's probably it.
[01:02:44.400 --> 01:02:47.400]  It sounds like you actually have put a cup over your mouth in the microphone.
[01:02:47.400 --> 01:02:49.400]  It's starting to echo bad.
[01:02:49.400 --> 01:02:52.400]  Several dogs have been licking my mouthpiece.
[01:02:52.400 --> 01:02:58.400]  And I'm using everything around that I know how to do.
[01:02:58.400 --> 01:03:06.400]  But even what I'm saying, gentlemen, is that I think a man should be good on his own.
[01:03:06.400 --> 01:03:13.400]  If I'm driving down the road like an idiot, regardless of why I'm doing that,
[01:03:13.400 --> 01:03:18.400]  I'd be, you know, suicide, punished or whatever.
[01:03:18.400 --> 01:03:28.400]  And if I have a car ride out and then I give a strong alcohol smell coming from me,
[01:03:28.400 --> 01:03:31.400]  what's that got to do with anything?
[01:03:31.400 --> 01:03:36.400]  Well, you're saying that that shouldn't be,
[01:03:36.400 --> 01:03:43.400]  that a police officer shouldn't be able to use the smell of alcohol as probable cause to believe
[01:03:43.400 --> 01:03:45.400]  that someone's driving under the influence.
[01:03:45.400 --> 01:03:50.400]  I don't care if they're driving under the influence tonight.
[01:03:50.400 --> 01:03:56.400]  If they're driving within the limits, what's under the influence that could be with anything?
[01:03:56.400 --> 01:04:08.400]  It has to do with an unreasonable hazard because you can be driving down the road
[01:04:08.400 --> 01:04:11.400]  and no one is pulled out in front of you.
[01:04:11.400 --> 01:04:17.400]  So the officer doesn't have an opportunity to gauge your reflex response.
[01:04:17.400 --> 01:04:23.400]  And that's the biggest problem with alcohol is it slows down your reflex response.
[01:04:23.400 --> 01:04:30.400]  And you don't have to be so drunk that you get fixated
[01:04:30.400 --> 01:04:34.400]  and allow the car to move too far before you pull it back.
[01:04:34.400 --> 01:04:37.400]  That's an extreme effect of alcohol.
[01:04:37.400 --> 01:04:44.400]  Before it gets to that point, your reflexes are slowed down enough that you become a serious hazard.
[01:04:44.400 --> 01:04:54.400]  But what I'm seeing, Randy, is if a person is normally has twice your reflex time
[01:04:54.400 --> 01:04:59.400]  and then you're 50% impaired, you're 8.1.
[01:04:59.400 --> 01:05:01.400]  Do you get that?
[01:05:01.400 --> 01:05:04.400]  Well, maybe I've got a solution.
[01:05:04.400 --> 01:05:14.400]  Maybe we should have people tested, have a beer, drink a whole beer and test their reflexes
[01:05:14.400 --> 01:05:19.400]  and drink another beer and test their reflexes so you could tell for each person
[01:05:19.400 --> 01:05:28.400]  how much alcohol would begin to impair their reflexes to the point that they would be hazardous behind the wheel.
[01:05:28.400 --> 01:05:35.400]  Randy, what I'm saying is this is the only thing that I can think of where they say,
[01:05:35.400 --> 01:05:38.400]  you're not at the top of your game.
[01:05:38.400 --> 01:05:41.400]  You're 50% impaired.
[01:05:41.400 --> 01:05:51.400]  Well, if you're four times what the other person is, you're 50% as good as they are if you're 50% impaired.
[01:05:51.400 --> 01:05:53.400]  Do you get that?
[01:05:53.400 --> 01:06:03.400]  You're making a presumption that one person is 50% better at driving than someone else,
[01:06:03.400 --> 01:06:04.400]  if I'm hearing you right.
[01:06:04.400 --> 01:06:06.400]  I'm having trouble understanding you.
[01:06:06.400 --> 01:06:10.400]  Yeah, that's exactly what I'm saying.
[01:06:10.400 --> 01:06:13.400]  Where do you get that from?
[01:06:13.400 --> 01:06:23.400]  Randy, how many pairs would Roger Wood have to be before he could beat you in a game job?
[01:06:23.400 --> 01:06:27.400]  You could beat him in a game job, put it that way.
[01:06:27.400 --> 01:06:28.400]  I'm sorry.
[01:06:28.400 --> 01:06:29.400]  I'm not able to understand you.
[01:06:29.400 --> 01:06:32.400]  Whatever that is, it's getting worse.
[01:06:32.400 --> 01:06:37.400]  You might try calling back in, see if we can get a better connection.
[01:06:37.400 --> 01:06:39.400]  Randy, can you hear me?
[01:06:39.400 --> 01:06:40.400]  I can hear you.
[01:06:40.400 --> 01:06:42.400]  I just can't understand you.
[01:06:42.400 --> 01:06:55.400]  I'm saying that how impaired would Roger Wood have to be before he could beat him at a game of golf?
[01:06:55.400 --> 01:06:56.400]  You get that?
[01:06:56.400 --> 01:06:58.400]  What does that have to do?
[01:06:58.400 --> 01:07:02.400]  How does that equate to driving?
[01:07:02.400 --> 01:07:07.400]  Well, we're talking about something that requires physical motion, mental thought.
[01:07:07.400 --> 01:07:12.400]  I see a lot of complaints.
[01:07:12.400 --> 01:07:15.400]  We all drive.
[01:07:15.400 --> 01:07:16.400]  Drivers drive a lot.
[01:07:16.400 --> 01:07:19.400]  We're all pretty well skilled at it.
[01:07:19.400 --> 01:07:28.400]  After we reach maturity, most everyone in this country is very skilled at driving.
[01:07:28.400 --> 01:07:35.400]  The difference between how well Tiger Woods drives and how well I drive, negligible.
[01:07:35.400 --> 01:07:40.400]  I'm talking about playing golf.
[01:07:40.400 --> 01:07:48.400]  You're talking about creating some kind of impossible standard that says, well, you're okay.
[01:07:48.400 --> 01:07:57.400]  You can go out and get sloshed because when you're sloshed, you're not going to go out and kill my friends and neighbors.
[01:07:57.400 --> 01:08:02.400]  But this other guy over here, if he has one beer, he's so incapacitated, he can't drive.
[01:08:02.400 --> 01:08:04.400]  This is an impossible standard.
[01:08:04.400 --> 01:08:10.400]  Somewhere we have to draw a line.
[01:08:10.400 --> 01:08:18.400]  How do we draw a line when it's so arbitrary that nobody can meet it?
[01:08:18.400 --> 01:08:28.400]  Well, we draw a line when they're driving like an idiot.
[01:08:28.400 --> 01:08:30.400]  What's driving like an idiot?
[01:08:30.400 --> 01:08:37.400]  It's driving like an idiot when you're passing on a hill with a double yellow stripe in your lane.
[01:08:37.400 --> 01:08:39.400]  And I see that every day.
[01:08:39.400 --> 01:08:46.400]  And I see those people on the top, they're just dumb, stupid.
[01:08:46.400 --> 01:08:50.400]  So if somebody's dumb, they shouldn't be able to drive?
[01:08:50.400 --> 01:08:52.400]  They're dumb all the time.
[01:08:52.400 --> 01:09:01.400]  I can't see how we could ever come up with this kind of an arbitrary standard.
[01:09:01.400 --> 01:09:08.400]  It's going to become so complex that everybody's going to feel that they're singled out.
[01:09:08.400 --> 01:09:14.400]  You need to pass an IQ test, a driving skill test, an alcohol consumption test.
[01:09:14.400 --> 01:09:16.400]  What other tests do we need to pass?
[01:09:16.400 --> 01:09:20.400]  I'm all for that.
[01:09:20.400 --> 01:09:25.400]  In other words, if somebody's driving down the road...
[01:09:25.400 --> 01:09:33.400]  Okay, we're not really getting anywhere in this particular conversation.
[01:09:33.400 --> 01:09:35.400]  We really need to move along with it.
[01:09:35.400 --> 01:09:40.400]  It seems like our call is always back up at the end.
[01:09:40.400 --> 01:09:42.400]  Okay, thanks for calling in, Doug.
[01:09:42.400 --> 01:09:44.400]  Sure.
[01:09:44.400 --> 01:09:47.400]  If my page comes back.
[01:09:47.400 --> 01:09:51.400]  Okay, now we're going to go to Jerry.
[01:09:51.400 --> 01:09:53.400]  Oops, lost my page.
[01:09:53.400 --> 01:09:58.400]  I'll have you up in a second, Jerry.
[01:09:58.400 --> 01:10:01.400]  I'm on the radio, so I can't use the screaming cuss method.
[01:10:01.400 --> 01:10:03.400]  All right, you ready?
[01:10:03.400 --> 01:10:04.400]  Got it.
[01:10:04.400 --> 01:10:05.400]  Okay.
[01:10:05.400 --> 01:10:07.400]  Jerry, it's all right.
[01:10:07.400 --> 01:10:08.400]  Hey, yeah, I'm here.
[01:10:08.400 --> 01:10:09.400]  I'm here.
[01:10:09.400 --> 01:10:10.400]  I'm here.
[01:10:10.400 --> 01:10:15.400]  I was just listening to the conversation and kind of sounded like a justification to drink and drive.
[01:10:15.400 --> 01:10:20.400]  One of those self-evident truths that the nature of that beast is,
[01:10:20.400 --> 01:10:25.400]  is it compromises your intellect, and knowing that going into it,
[01:10:25.400 --> 01:10:31.400]  you ought to have somebody drive you to and from or stay overnight until it's wore off.
[01:10:31.400 --> 01:10:35.400]  I don't think that'd be too much to ask of anybody.
[01:10:35.400 --> 01:10:39.400]  I agree, and it tends to be the nature of alcohol.
[01:10:39.400 --> 01:10:46.400]  The more you drink, the more confident you are.
[01:10:46.400 --> 01:10:55.400]  The more impaired you get, the less impaired you feel, and it's a real problem.
[01:10:55.400 --> 01:11:01.400]  This is one of those places where we weigh our liberty against our safety.
[01:11:01.400 --> 01:11:04.400]  Yeah, I can give you perfect examples of that.
[01:11:04.400 --> 01:11:10.400]  I mean, I'm 6'3", 240 pounds, and I quit going to bars not because I had a drinking problem,
[01:11:10.400 --> 01:11:14.400]  but because every 5'1 guy in the place had a drinking problem
[01:11:14.400 --> 01:11:21.400]  and wanted to fight the biggest guy he could find.
[01:11:21.400 --> 01:11:24.400]  You know, I always tell him I can't fight my way out of a wet paper bag
[01:11:24.400 --> 01:11:32.400]  and wait for his girlfriend to haul him out the front door before he gets whooped.
[01:11:32.400 --> 01:11:37.400]  No, but the reason I called is I was curious about the subject matter jurisdiction.
[01:11:37.400 --> 01:11:44.400]  I just was hoping to hear about that before we got too lost and everything else.
[01:11:44.400 --> 01:11:51.400]  Good, because I was talking to Eddie before we came on that I wanted to get back to that.
[01:11:51.400 --> 01:11:53.400]  Oh, great.
[01:11:53.400 --> 01:12:04.400]  That is the first place we need to go and a place we need to stay until the court has proven it up.
[01:12:04.400 --> 01:12:13.400]  So at what point do you know that the court has proven it up or has discounted?
[01:12:13.400 --> 01:12:15.400]  What's that?
[01:12:15.400 --> 01:12:18.400]  Or has failed to prove it up.
[01:12:18.400 --> 01:12:23.400]  Right, at the point to where they failed to prove it up, do you just object
[01:12:23.400 --> 01:12:29.400]  and make sure that it's on a record of some kind and then continue through the process?
[01:12:29.400 --> 01:12:31.400]  Exactly.
[01:12:31.400 --> 01:12:34.400]  Don't walk out of the courtroom.
[01:12:34.400 --> 01:12:40.400]  Don't tell the judge what you feel about him because he doesn't have jurisdiction,
[01:12:40.400 --> 01:12:45.400]  because he thinks he has jurisdiction, and he will act like he has jurisdiction,
[01:12:45.400 --> 01:12:48.400]  and he will act like he can throw your hiney in the can.
[01:12:48.400 --> 01:12:51.400]  So yes, continue with the case.
[01:12:51.400 --> 01:12:56.400]  It is as with any other issue before the court.
[01:12:56.400 --> 01:12:58.400]  You adjudicate the issue.
[01:12:58.400 --> 01:13:03.400]  If you get an improper ruling, you object to the ruling.
[01:13:03.400 --> 01:13:09.400]  When your objection is overruled, you ask the court to note your exception to the ruling,
[01:13:09.400 --> 01:13:12.400]  and you've preserved it for appeal.
[01:13:12.400 --> 01:13:17.400]  We should always go into court preparing for appeal.
[01:13:17.400 --> 01:13:19.400]  Go ahead, I'll step in on you there.
[01:13:19.400 --> 01:13:20.400]  No, that's okay.
[01:13:20.400 --> 01:13:29.400]  I was just thinking just exactly what Dr. Graves says is that you're preparing your case for appeal,
[01:13:29.400 --> 01:13:38.400]  and if the judge doesn't want to be overturned, then he'll abide by what he knows that he has to do.
[01:13:38.400 --> 01:13:44.400]  But if he thinks that he's not going to be appealed or that you won't appeal
[01:13:44.400 --> 01:13:49.400]  and you're not preserving the record for an appeal, you'll get walked off.
[01:13:49.400 --> 01:13:51.400]  Is that about the measure of it?
[01:13:51.400 --> 01:13:54.400]  That's exactly right.
[01:13:54.400 --> 01:14:05.400]  And one of the things about let the record reflect defendants' exception to the ruling
[01:14:05.400 --> 01:14:10.400]  tells the judge that you're perfecting this for appeal,
[01:14:10.400 --> 01:14:14.400]  and it will let him know that you're going there.
[01:14:14.400 --> 01:14:22.400]  The main thing I want to get across to people is if you think the judge doesn't have subject matter jurisdiction
[01:14:22.400 --> 01:14:28.400]  and the judge rules that he does have subject matter jurisdiction,
[01:14:28.400 --> 01:14:36.400]  object to it, have your objection registered, but then move ahead with the case
[01:14:36.400 --> 01:14:40.400]  because you've done all you need to do on that issue.
[01:14:40.400 --> 01:14:50.400]  Then protect all the other issues as you go along in case in an appeal they overrule your jurisdiction issue,
[01:14:50.400 --> 01:14:52.400]  because that can happen sometimes.
[01:14:52.400 --> 01:14:55.400]  Okay, so let's say we go to the appeal.
[01:14:55.400 --> 01:15:05.400]  Let's say now we've gone all the way through the whole process and the judge didn't abide by the objection.
[01:15:05.400 --> 01:15:07.400]  Now we're in the appeal process.
[01:15:07.400 --> 01:15:14.400]  What would be your motion to the appellate court to challenge the jurisdiction,
[01:15:14.400 --> 01:15:19.400]  the subject matter jurisdiction of the previous court?
[01:15:19.400 --> 01:15:22.400]  What would be the process that starts with the appellate court?
[01:15:22.400 --> 01:15:30.400]  Okay, well, the thing that's different about the appellate court is the appellate court is not interested in the facts.
[01:15:30.400 --> 01:15:41.400]  It will accept the facts of the case as they were developed by the trial court unless there is an issue about a fact.
[01:15:41.400 --> 01:15:46.400]  The appellate court only cares about the rule of law,
[01:15:46.400 --> 01:15:52.400]  about how the law applies to the facts the trial judge developed.
[01:15:52.400 --> 01:15:58.400]  So this is where you'll get a real consideration of law, or well, you should.
[01:15:58.400 --> 01:16:11.400]  We haven't recently, but you raise the issue on point of law much more finely than you do in the trial court,
[01:16:11.400 --> 01:16:15.400]  because that's the only thing the appeals court can consider.
[01:16:15.400 --> 01:16:21.400]  So if you're on good legal grounds and a judge rules against you anyway,
[01:16:21.400 --> 01:16:25.400]  then you have a real good case for appeal.
[01:16:25.400 --> 01:16:37.400]  So if there was no jurisdiction, and actually what I'm trying to get people to do on subject matter jurisdiction is to go after the judge immediately.
[01:16:37.400 --> 01:16:42.400]  And we're about to go to break, so we'll get to that on the other side.
[01:16:42.400 --> 01:16:46.400]  We're going to talk about taking an offensive posture instead of defensive.
[01:16:46.400 --> 01:17:13.400]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio, we'll be right back.
[01:17:16.400 --> 01:17:23.400]  Emergency survival kits, gas masks, MREs, communication devices, products for pet care, your car, home, office, and school.
[01:17:23.400 --> 01:17:27.400]  Protect against all natural disasters and terror attacks that can happen at any time.
[01:17:27.400 --> 01:17:31.400]  If you are not prepared, the last place you want to be is standing in FEMA lines.
[01:17:31.400 --> 01:17:33.400]  Invest in your future now.
[01:17:33.400 --> 01:17:38.400]  Visit survivalgearsource.com or call 877-231-1925.
[01:17:38.400 --> 01:17:42.400]  That's 877-231-1925.
[01:17:42.400 --> 01:17:46.400]  Survivalgearsource.com, prepare for tomorrow now.
[01:17:46.400 --> 01:17:53.400]  When ordering from survivalgearsource.com, remember to use promo code ruleoflawradio.com.
[01:17:53.400 --> 01:18:04.400]  Again, that special promo code is ruleoflawradio.com.
[01:18:04.400 --> 01:18:13.400]  Yeah, story for everyone to hear about how we're not going to give in to the fear.
[01:18:13.400 --> 01:18:22.400]  Yeah, the story.
[01:18:22.400 --> 01:18:44.400]  I will occupy my father's house until he returns. He has left me with the strength and wisdom to avert my concern.
[01:18:44.400 --> 01:19:06.400]  I will occupy my father's house until I take his place. I will guard these walls if they come to take his place.
[01:19:06.400 --> 01:19:19.400]  I will occupy my father's house until I take his place. I will guard these walls if they come to take his place.
[01:19:19.400 --> 01:19:26.400]  Okay, we're back. Randy Calp, Debra Stevens, Google Law Radio with Eddie Craig.
[01:19:26.400 --> 01:19:33.400]  We were talking to Jerry from Oregon about subject matter jurisdiction.
[01:19:33.400 --> 01:19:39.400]  And primarily everything we're doing in the trial court is to preserve for appeal.
[01:19:39.400 --> 01:19:45.400]  It's really tough in the traffic courts because they charge you so much to appeal.
[01:19:45.400 --> 01:19:50.400]  It's profitable for them if they never bring it to trial.
[01:19:50.400 --> 01:19:59.400]  So if you go to traffic court, at least here in Texas, they'll charge you about 300 bucks on the average.
[01:19:59.400 --> 01:20:05.400]  And then if you want to appeal it, you have to post twice as much for an appeal.
[01:20:05.400 --> 01:20:09.400]  And then they never bring it to court, so they just keep your money.
[01:20:09.400 --> 01:20:14.400]  So they like it if you appeal. Then they get twice as much.
[01:20:14.400 --> 01:20:21.400]  Most people never go back later and move to dismiss for lack of prosecution, and they get to keep the money.
[01:20:21.400 --> 01:20:31.400]  So you lose either way. And for the most part, if you're pro se, we're losing in the courts,
[01:20:31.400 --> 01:20:37.400]  in the appeals courts as well because they're all ruling against us no matter what.
[01:20:37.400 --> 01:20:46.400]  What we have to do is start going after the judges. Make it personal for the judge.
[01:20:46.400 --> 01:20:59.400]  So are you suggesting that once you see that the judge isn't going to recognize that he has no subject matter jurisdiction,
[01:20:59.400 --> 01:21:03.400]  so right at that point you go after him?
[01:21:03.400 --> 01:21:07.400]  You file criminal charges against him for impersonating a public official.
[01:21:07.400 --> 01:21:14.400]  And instead of appealing this to the court of appeals, you appeal it to a grand jury.
[01:21:14.400 --> 01:21:18.400]  And you file judicial conduct complaints against him.
[01:21:18.400 --> 01:21:26.400]  And actually the reason that would work is because the judge is violating his magisterial duty to apply the law to the facts of the case.
[01:21:26.400 --> 01:21:33.400]  When you introduce the law through judicial notice that says you have no reason for even being pulled into that court
[01:21:33.400 --> 01:21:43.400]  because a specific statute never applied to you to begin with, and the judge chooses to ignore that fact of his own volition, that's a crime.
[01:21:43.400 --> 01:21:51.400]  He is using his power and authority to circumvent the law in order to extract money from you that you do not owe.
[01:21:51.400 --> 01:21:59.400]  So you would file that motion then, right at the beginning then, right, Andy, where you would say, hey, listen.
[01:21:59.400 --> 01:22:04.400]  They're going to ignore the motion, but what you do is you make sure you file the judicial notice.
[01:22:04.400 --> 01:22:15.400]  Okay. Yeah. Let's restate this. This is actually a plea, a pleading instead of a motion.
[01:22:15.400 --> 01:22:22.400]  In some states it's called a demurrer. Demurrer doesn't – they removed demurrers from Texas.
[01:22:22.400 --> 01:22:25.400]  Now it's called a plea to the jurisdiction.
[01:22:25.400 --> 01:22:32.400]  But it's a special pleading. It's not a motion. And it must be heard before anything else.
[01:22:32.400 --> 01:22:37.400]  And you're not really pleading for anything. You're demanding.
[01:22:37.400 --> 01:22:46.400]  It's not your place to determine whether or not the judge has subject matter jurisdiction. It's the judge's place to determine that.
[01:22:46.400 --> 01:22:53.400]  Actually, Randy, it's the prosecution's. Whoever is asserting the jurisdiction has to prove the jurisdiction.
[01:22:53.400 --> 01:23:05.400]  It's the judge that asserts the jurisdiction. The prosecutor makes the claim, and the judge has to look at the claim and see if it invokes the subject matter jurisdiction of the court.
[01:23:05.400 --> 01:23:15.400]  The only one exercising any authority here is the judge. The prosecutor is just opposing counsel.
[01:23:15.400 --> 01:23:24.400]  So the judge, before he purports to exert any judicial authority, he has to make sure he has it.
[01:23:24.400 --> 01:23:33.400]  Otherwise, he's no different than the guy that goes out and rents a police uniform, buys him a little shiny badge, and pulls you over.
[01:23:33.400 --> 01:23:41.400]  You're not going to challenge his jurisdiction. You're going to ask that they arrest him for impersonating a public official.
[01:23:41.400 --> 01:23:46.400]  If a judge sits without subject matter jurisdiction, he's impersonating a public official.
[01:23:46.400 --> 01:23:58.400]  That's why the judge has to make sure that he has subject matter jurisdiction before he exercises any authority, because if he doesn't, he has no immunity of any kind.
[01:23:58.400 --> 01:24:13.400]  Okay. If this case were to last like two or three days, let's just say that it was for the sake of conversation, it was going along for two to three days, and you've made your objection.
[01:24:13.400 --> 01:24:25.400]  And on the following day, you go right after the judge, even while you're still complying with the rest of the trial or the proceeding, correct?
[01:24:25.400 --> 01:24:33.400]  Exactly. I suggest what we really need to get put together is a legal procedure.
[01:24:33.400 --> 01:24:40.400]  If we have a challenge to the jurisdiction, we should have a counter complaint in our hand.
[01:24:40.400 --> 01:24:50.400]  We go before the court. I just made up a demand that my plea to the jurisdiction be heard before anything else is heard.
[01:24:50.400 --> 01:25:16.400]  You go in with a countersuit in your hand. When the judge denies the plea to the jurisdiction, you hand the counter complaint to the judge, which accuses the judge of impersonating a public official acting without subject matter jurisdiction, in which case he has no immunity from suit, and you countersue him in the instant case.
[01:25:16.400 --> 01:25:22.400]  Now the judge has an interest in the cause and is constitutionally disqualified.
[01:25:22.400 --> 01:25:27.400]  Now is that a tort at that point? That becomes civil litigation?
[01:25:27.400 --> 01:25:29.400]  That becomes a tort.
[01:25:29.400 --> 01:25:31.400]  It does.
[01:25:31.400 --> 01:25:36.400]  And since the state started the fight, you can countersue.
[01:25:36.400 --> 01:25:39.400]  Damn. Oh, okay.
[01:25:39.400 --> 01:26:08.400]  You sue the judge himself. Now here's the problem the judge has. You make the pleading, and you state in the pleading that the judge is without subject matter jurisdiction, that the judge has acted, purported to act under color of a nonexistent authority, and in the process denied you full and free access to enjoyment of right, and that's a violation of due process, which is a tort as a matter of right.
[01:26:08.400 --> 01:26:14.400]  It is a tort as a matter of law. You do not have to show harm.
[01:26:14.400 --> 01:26:18.400]  Where does the burden of proof lie?
[01:26:18.400 --> 01:26:24.400]  It's not, the burden of proof still lies on, well, jurisdiction lies on him.
[01:26:24.400 --> 01:26:26.400]  He has to prove jurisdiction.
[01:26:26.400 --> 01:26:30.400]  I just went through that. He can't assume jurisdiction.
[01:26:30.400 --> 01:26:32.400]  He can't claim jurisdiction.
[01:26:32.400 --> 01:26:35.400]  He must prove jurisdiction.
[01:26:35.400 --> 01:26:41.400]  So the burden's on him. He's the one that exercised the jurisdiction, not you.
[01:26:41.400 --> 01:26:43.400]  So he's the one that has to prove he has it.
[01:26:43.400 --> 01:26:48.400]  Just like the prosecutor has to prove that he has standing.
[01:26:48.400 --> 01:27:00.400]  When he files the criminal complaint, he has to show that all the intervening law was upheld in order for him to have standing to come before the court.
[01:27:00.400 --> 01:27:04.400]  You don't have to prove that he doesn't. He has to prove that he does.
[01:27:04.400 --> 01:27:07.400]  You don't have to prove that the judge doesn't have subject matter jurisdiction.
[01:27:07.400 --> 01:27:11.400]  He has to prove that he does. He's the one exerting it, not you.
[01:27:11.400 --> 01:27:19.400]  What measure does he, does he have to prove it beyond a reasonable doubt, or what's the measuring stick that he has to prove it?
[01:27:19.400 --> 01:27:24.400]  Well, see, here's the case I was referring to, Randy, on that.
[01:27:24.400 --> 01:27:34.400]  It's Luce v. American Energy Savers, Inc., in 1988, where jurisdiction is contested. The burden of establishing it rests upon the plaintiff.
[01:27:34.400 --> 01:27:47.400]  Until the plaintiff submits uncontroversial evidence of subject matter jurisdiction to the court, that the court has subject matter jurisdiction, the court is proceeding without subject matter jurisdiction.
[01:27:47.400 --> 01:27:53.400]  Okay. Now, the plaintiff in a criminal is the prosecution.
[01:27:53.400 --> 01:27:57.400]  Right, but it's not the court.
[01:27:57.400 --> 01:28:12.400]  See, that's for the, still, the court has to look at the pleadings of the prosecution to determine if the court has subject matter jurisdiction.
[01:28:12.400 --> 01:28:18.400]  Right, but the pleadings of the prosecution must state why the court has the jurisdiction is what I'm getting out of this case.
[01:28:18.400 --> 01:28:20.400]  Yes.
[01:28:20.400 --> 01:28:28.400]  And that's why I'm saying the assertion of jurisdiction has to come from the plaintiff, not from the court.
[01:28:28.400 --> 01:28:33.400]  Okay. Let's back up and see how this works.
[01:28:33.400 --> 01:28:35.400]  Sorry, guys.
[01:28:35.400 --> 01:28:38.400]  No, that's okay. That's what we're here for, to talk this out.
[01:28:38.400 --> 01:28:48.400]  The plaintiff goes to the court and says, hey, court, I have a claim to bring before the court.
[01:28:48.400 --> 01:28:54.400]  Now, the court says back to the plaintiff, prove up your jurisdiction.
[01:28:54.400 --> 01:29:00.400]  Show me that I have jurisdiction to sit in this case where the case doesn't begin.
[01:29:00.400 --> 01:29:04.400]  That's where the plaintiff has to prove up to jurisdiction.
[01:29:04.400 --> 01:29:05.400]  Right.
[01:29:05.400 --> 01:29:08.400]  He has to prove it up to the judge because the judge is sitting here.
[01:29:08.400 --> 01:29:12.400]  He's got to know he has it or he becomes vulnerable without it.
[01:29:12.400 --> 01:29:23.400]  Right. Now, tell me in any traffic case in Texas where the plaintiff files any paperwork with the court stating jurisdiction.
[01:29:23.400 --> 01:29:24.400]  Never.
[01:29:24.400 --> 01:29:25.400]  Exactly.
[01:29:25.400 --> 01:29:39.400]  Okay. So what we do is we make up a lawsuit against the judge claiming that he acted without subject matter jurisdiction and therefore is subject to civil suit and we sue him personally.
[01:29:39.400 --> 01:29:43.400]  He's disqualified. He's history.
[01:29:43.400 --> 01:29:45.400]  We're going to break.
[01:29:45.400 --> 01:29:47.400]  The show's going pretty quickly.
[01:29:47.400 --> 01:29:49.400]  We'll be back in just a few minutes.
[01:29:49.400 --> 01:29:58.400]  Randy Caldwell Stevens, Wheel of Law Radio.
[01:29:58.400 --> 01:30:00.400]  Gold prices are at historic highs.
[01:30:00.400 --> 01:30:03.400]  And with the recent pullback, this is a great time to buy.
[01:30:03.400 --> 01:30:11.400]  With the value of the dollar, risks of inflation, geopolitical uncertainties and instability in world financial systems, I see gold going up much higher.
[01:30:11.400 --> 01:30:14.400]  Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
[01:30:14.400 --> 01:30:19.400]  Everybody should have some of their assets in investment grade precious metals and Roberts and Roberts brokerage.
[01:30:19.400 --> 01:30:27.400]  You can buy gold, silver and platinum with confidence from a brokerage that specialized in the precious metals market since 1977.
[01:30:27.400 --> 01:30:35.400]  If you are new to precious metals, we will happily provide you with the information you need to make an informed decision whether or not you choose to purchase from us.
[01:30:35.400 --> 01:30:43.400]  Also, Roberts and Roberts brokerage values your privacy and will always advise you in the event that we would be required to report any transaction.
[01:30:43.400 --> 01:30:48.400]  If you have gold, silver or platinum you'd like to sell, we can convert it for immediate payment.
[01:30:48.400 --> 01:30:52.400]  Call us at 800-874-9760.
[01:30:52.400 --> 01:30:57.400]  We're Roberts and Roberts brokerage 800-874-9760.
[01:31:22.400 --> 01:31:24.400]  Thank you.
[01:31:52.400 --> 01:31:55.400]  Thank you.
[01:32:22.400 --> 01:32:24.400]  Thank you.
[01:32:52.400 --> 01:33:14.400]  Okay, go back, Randy Kelch, Debra Stevens, Eddie Craig, Google Law Radio.
[01:33:14.400 --> 01:33:20.400]  We were talking to Jerry in Oregon about subject matter jurisdiction.
[01:33:20.400 --> 01:33:36.400]  And what I'm looking at and what I've been suggesting, and this is something I've been working on for quite a while, is how to mount an effective attack on the judge.
[01:33:36.400 --> 01:33:40.400]  Always this is where the key is.
[01:33:40.400 --> 01:33:42.400]  It doesn't matter where the problem is.
[01:33:42.400 --> 01:33:44.400]  It doesn't matter who's causing it.
[01:33:44.400 --> 01:33:48.400]  It doesn't matter how evil everybody else is.
[01:33:48.400 --> 01:33:51.400]  The fix is with the judge.
[01:33:51.400 --> 01:33:55.400]  We get the judge's attention, he'll get everybody else's attention.
[01:33:55.400 --> 01:33:58.400]  So how do we get the judge's attention?
[01:33:58.400 --> 01:34:03.400]  Well, we reach right down in his pocket.
[01:34:03.400 --> 01:34:13.400]  And when the judge exerts or purports to exert an authority he doesn't have, he becomes vulnerable to suit himself.
[01:34:13.400 --> 01:34:18.400]  That's one of the two times that a judge can be sued.
[01:34:18.400 --> 01:34:40.400]  When a judge acts without subject matter jurisdiction or when he makes a decision that's not judicial and what that goes to is an administrative decision or a decision that violates a ministerial duty.
[01:34:40.400 --> 01:34:46.400]  If the law is very clear, in this case the court must do this thing.
[01:34:46.400 --> 01:35:01.400]  When a motion to disqualify is filed, the judge must forward the motion to the head administrative court of the district to have a judge appointed to hear the motion.
[01:35:01.400 --> 01:35:03.400]  That's not discretionary.
[01:35:03.400 --> 01:35:04.400]  That's ministerial.
[01:35:04.400 --> 01:35:06.400]  He has no choice.
[01:35:06.400 --> 01:35:08.400]  He must do this thing.
[01:35:08.400 --> 01:35:11.400]  He violates that.
[01:35:11.400 --> 01:35:16.400]  He violates a ministerial duty, no immunity.
[01:35:16.400 --> 01:35:25.400]  If he makes an administrative decision, fires his court reporter without cause.
[01:35:25.400 --> 01:35:27.400]  That's administrative.
[01:35:27.400 --> 01:35:30.400]  It has to do with the administration of the court.
[01:35:30.400 --> 01:35:37.400]  Removes my attorney from my case because my attorney doesn't want to adjudicate my rights.
[01:35:37.400 --> 01:35:43.400]  If it's administrative, it doesn't go to the merits of the case or to the adjudication of the case.
[01:35:43.400 --> 01:35:48.400]  For that he has no immunity from suit.
[01:35:48.400 --> 01:35:51.400]  But the primary one is subject matter jurisdiction.
[01:35:51.400 --> 01:36:03.400]  And in a suit, in order to get past summary judgment, when you file a civil action against a public official, immediately you're going to get a summary judgment motion.
[01:36:03.400 --> 01:36:08.400]  So you have to already have briefed out the summary judgment issue.
[01:36:08.400 --> 01:36:15.400]  They're going to claim that he has qualified immunity, sovereign immunity, judicial immunity.
[01:36:15.400 --> 01:36:25.400]  You have to already have those briefed out and make your accusation in such a way that it defeats those.
[01:36:25.400 --> 01:36:33.400]  And that's why we set up subject matter jurisdiction as a way to defeat summary judgment.
[01:36:33.400 --> 01:36:39.400]  It's not about what you can prove up that gets you by summary judgment.
[01:36:39.400 --> 01:36:43.400]  It's the way you structure your pleading.
[01:36:43.400 --> 01:37:00.400]  So when we file the suit, we argue in the suit that the tort is created because the judge acts in a specific manner for which no judge has immunity.
[01:37:00.400 --> 01:37:03.400]  You make the claim.
[01:37:03.400 --> 01:37:07.400]  And then the other side is going to say, well, that's not true.
[01:37:07.400 --> 01:37:12.400]  So now you have material facts in controversy.
[01:37:12.400 --> 01:37:20.400]  The only time you can get summary judgment is when there is no fact in controversy.
[01:37:20.400 --> 01:37:24.400]  This guy says, everybody says, yeah, this happened and this happened and this happened.
[01:37:24.400 --> 01:37:29.400]  And one guy says, well, because these two things happened, you should rule this way.
[01:37:29.400 --> 01:37:34.400]  And the other one says, well, because these two things happened, you should rule this way.
[01:37:34.400 --> 01:37:43.400]  Now the judge can look at the two and make a summary judgment ruling because everybody agrees on the facts.
[01:37:43.400 --> 01:37:51.400]  But when they don't agree on the facts, now you have issues in controversy.
[01:37:51.400 --> 01:38:03.400]  You make the claim that he has no subject matter jurisdiction based on the fact that he has no immunity based on the fact that he has no subject matter jurisdiction.
[01:38:03.400 --> 01:38:06.400]  They can't argue that.
[01:38:06.400 --> 01:38:07.400]  Go ahead.
[01:38:07.400 --> 01:38:09.400]  Well, what about on the tort side?
[01:38:09.400 --> 01:38:18.400]  Do you use the tools of discovery and do you use all the civil litigation tools to draw out those facts?
[01:38:18.400 --> 01:38:19.400]  Yes, sure.
[01:38:19.400 --> 01:38:20.400]  You do, right?
[01:38:20.400 --> 01:38:26.400]  Once you file the civil, it invokes the civil.
[01:38:26.400 --> 01:38:32.400]  So what I'm saying about the court's going to say it has subject matter jurisdiction.
[01:38:32.400 --> 01:38:34.400]  I'm going to say, no, you don't.
[01:38:34.400 --> 01:38:44.400]  That's a fact in controversy by making the allegation that the court acted without subject matter jurisdiction.
[01:38:44.400 --> 01:38:53.400]  And if what you claim is true, then the case can move ahead.
[01:38:53.400 --> 01:38:57.400]  Which controversy takes precedence?
[01:38:57.400 --> 01:39:05.400]  When you file the claim for the tort, that one becomes the new controversy and that one must be settled before the other one, right?
[01:39:05.400 --> 01:39:07.400]  Yes, absolutely.
[01:39:07.400 --> 01:39:11.400]  Let's consider the judge has not shown the jurisdiction required.
[01:39:11.400 --> 01:39:16.400]  They can't proceed in the pre-existing case because there's no jurisdiction to begin with.
[01:39:16.400 --> 01:39:18.400]  Oh, there's another reason.
[01:39:18.400 --> 01:39:20.400]  All right.
[01:39:20.400 --> 01:39:24.400]  The judge now has an interest in the case.
[01:39:24.400 --> 01:39:25.400]  That too.
[01:39:25.400 --> 01:39:35.400]  But he has a personal monetary interest in the case himself and is therefore disqualified by constitution.
[01:39:35.400 --> 01:39:38.400]  That's one of the disqualifications.
[01:39:38.400 --> 01:39:41.400]  There's only three disqualifications for a judge.
[01:39:41.400 --> 01:39:43.400]  They're all constitutions.
[01:39:43.400 --> 01:39:45.400]  So you're going to get a new judge, right?
[01:39:45.400 --> 01:39:46.400]  Yes.
[01:39:46.400 --> 01:39:48.400]  Judge's history.
[01:39:48.400 --> 01:39:50.400]  Adios, baba.
[01:39:50.400 --> 01:39:55.400]  And are you going to move to a different venue, a different court, or are you going to stay in that one?
[01:39:55.400 --> 01:40:04.400]  See, unless you make your civil claim high enough that it moves it out of this court into a higher court.
[01:40:04.400 --> 01:40:07.400]  Well, you might want to do that, right?
[01:40:07.400 --> 01:40:10.400]  Initially, I wouldn't want to do that.
[01:40:10.400 --> 01:40:17.400]  I'd want to keep it in this court because now you get to hammer them.
[01:40:17.400 --> 01:40:20.400]  This is going to be something they haven't had done before.
[01:40:20.400 --> 01:40:30.400]  We want to have the complaint prepared and discovery prepared and serve it on everybody all it wants.
[01:40:30.400 --> 01:40:35.400]  Well, the only thing is, though, Randy, you couldn't file that in a municipal court.
[01:40:35.400 --> 01:40:37.400]  Yes, you can.
[01:40:37.400 --> 01:40:45.400]  If you're going after monetary damages, it would be very difficult to collect because there wouldn't be jurisdiction at that level for any type of monetary damages.
[01:40:45.400 --> 01:40:48.400]  That's their problem.
[01:40:48.400 --> 01:41:00.400]  Initially, we need to make the suit the monetary amount just within the scope of what the court can deal with.
[01:41:00.400 --> 01:41:02.400]  Then we hold them in this court.
[01:41:02.400 --> 01:41:09.400]  We bring in another judge, and what we're really wanting them to do is follow law.
[01:41:09.400 --> 01:41:12.400]  It's not about seeing how much money we can get from the judge.
[01:41:12.400 --> 01:41:16.400]  Because getting monetary damages is very difficult.
[01:41:16.400 --> 01:41:21.400]  So the amount of the monetary damages is relatively unimportant.
[01:41:21.400 --> 01:41:26.400]  It's the fact that you're looking to get in his pocket.
[01:41:26.400 --> 01:41:34.400]  So we get another municipal judge or a JP judge in there, and he's looking at the same thing happening to him.
[01:41:34.400 --> 01:41:37.400]  Tell him it's your turn, Bubba.
[01:41:37.400 --> 01:41:42.400]  In my state, a lot of those, for example, traffic courts are not courts of record.
[01:41:42.400 --> 01:41:45.400]  There's nobody there to take any record.
[01:41:45.400 --> 01:42:06.400]  So I think at that point, I would want to make the fine high enough or the damages high enough to have it heard in a court where there's a record that can be established just for the purpose of having a record.
[01:42:06.400 --> 01:42:12.400]  Okay, this goes to something that I haven't had opportunity to brief out yet.
[01:42:12.400 --> 01:42:22.400]  Now, I know that a removal when filed in a state court removes the cause to the federal court.
[01:42:22.400 --> 01:42:31.400]  But how do you move from one court to another within the state?
[01:42:31.400 --> 01:42:48.400]  Say I'm in a county court with a civil action, and in the process of adjudicating the civil action, I find greater damages from once I do discovery, I find I was harmed to a greater amount than I thought.
[01:42:48.400 --> 01:42:54.400]  And a true amount of the damage exceeds the amount the county court can handle.
[01:42:54.400 --> 01:42:58.400]  How do I move it to the district?
[01:42:58.400 --> 01:43:04.400]  Do I refile in the district or do I just remove it to the district?
[01:43:04.400 --> 01:43:07.400]  An issue I have to brief out.
[01:43:07.400 --> 01:43:14.400]  And clearly there's a procedure for that, but I do do process primarily, so that's not an issue.
[01:43:14.400 --> 01:43:18.400]  If Ken were awake right now, he'd probably tell me how to do that.
[01:43:18.400 --> 01:43:21.400]  Well, I'll go back to listening and let somebody else call in.
[01:43:21.400 --> 01:43:25.400]  I was just hoping to hear how this gets hammered out.
[01:43:25.400 --> 01:43:29.400]  Actually, we're hammering it out as we're talking.
[01:43:29.400 --> 01:43:30.400]  Okay, I got you.
[01:43:30.400 --> 01:43:33.400]  Part of the good part of what we're doing.
[01:43:33.400 --> 01:43:36.400]  Okay, thank you very much, Jerry.
[01:43:36.400 --> 01:43:38.400]  We're coming up on our last segment.
[01:43:38.400 --> 01:43:42.400]  We've got two or three more callers, so we're going to move along quickly.
[01:43:42.400 --> 01:43:44.400]  We'll be right back.
[01:43:44.400 --> 01:44:04.400]  Randy Kelton, Deborah Stevens, Eddie Craig, Gula Law Radio. We'll be right back.
[01:44:04.400 --> 01:44:11.400]  Aerial spraying, chemtrails, the modified atmosphere, heavy metals and pesticides,
[01:44:11.400 --> 01:44:16.400]  carcinogens and chemical fibers all falling from the sky.
[01:44:16.400 --> 01:44:19.400]  You have a choice to keep your body clean.
[01:44:19.400 --> 01:44:29.400]  Detoxify with micro plant powder from hempusa.org or call 908-691-2608.
[01:44:29.400 --> 01:44:34.400]  It's odorless and tasteless and used in any liquid or food.
[01:44:34.400 --> 01:44:37.400]  Protect your family now with micro plant powder.
[01:44:37.400 --> 01:44:41.400]  Cleaning out heavy metals, parasites and toxins.
[01:44:41.400 --> 01:44:46.400]  Order it now for daily intake and stock it now for long-term storage.
[01:44:46.400 --> 01:45:08.400]  Visit hempusa.org or call 908-691-2608 today.
[01:45:16.400 --> 01:45:33.400]  Okay, we're back. Randy Kelton, Deborah Stevens, Gula Law Radio with Eddie Craig.
[01:45:33.400 --> 01:45:38.400]  We're going to go to Mark from Wisconsin.
[01:45:38.400 --> 01:45:40.400]  Hello, Mark. Can you hear me?
[01:45:40.400 --> 01:45:42.400]  Hello. How are you?
[01:45:42.400 --> 01:45:45.400]  Good. Doing pretty good. How are you?
[01:45:45.400 --> 01:45:47.400]  Good, good.
[01:45:47.400 --> 01:45:50.400]  Do you have something interesting?
[01:45:50.400 --> 01:45:51.400]  You do?
[01:45:51.400 --> 01:45:55.400]  I say do you have something interesting for us? You generally do.
[01:45:55.400 --> 01:45:59.400]  Oh, yeah. I'm going to blow your mind tonight, Randy.
[01:45:59.400 --> 01:46:03.400]  Okay. Follow me.
[01:46:03.400 --> 01:46:07.400]  We got a vessel, which is a ship.
[01:46:07.400 --> 01:46:11.400]  The ship gets birthed. It comes from the water and it's birthed.
[01:46:11.400 --> 01:46:16.400]  A baby is born. It comes from its mother's water.
[01:46:16.400 --> 01:46:18.400]  The ship comes from the ocean.
[01:46:18.400 --> 01:46:22.400]  The baby or the monster, as they like to call us, comes from the mother.
[01:46:22.400 --> 01:46:26.400]  The ship gets a certificate of manifest.
[01:46:26.400 --> 01:46:29.400]  The baby gets a certificate of birth.
[01:46:29.400 --> 01:46:31.400]  Let's look at a river.
[01:46:31.400 --> 01:46:36.400]  In a river, you have current. In court, you have currency.
[01:46:36.400 --> 01:46:39.400]  The banks of the river direct flow.
[01:46:39.400 --> 01:46:42.400]  In court, the bench directs the flow of the currency.
[01:46:42.400 --> 01:46:46.400]  Incidentally, bench means bank.
[01:46:46.400 --> 01:46:49.400]  Now, the merchant bankers made maritime law,
[01:46:49.400 --> 01:46:55.400]  and we are under maritime law anytime we're discussing currency.
[01:46:55.400 --> 01:46:59.400]  You keep saying, how do we get to maritime law?
[01:46:59.400 --> 01:47:04.400]  If I wake up on a beach, Randy, with three hot naked women that don't speak English
[01:47:04.400 --> 01:47:07.400]  in a midget on a unicycle, I'm not asking how I got there.
[01:47:07.400 --> 01:47:11.400]  I just know I'm in my happy place. You know what I mean?
[01:47:11.400 --> 01:47:17.400]  Every time you walk into a court and deal with the bench, which means bank,
[01:47:17.400 --> 01:47:23.400]  and he directs the flow of the currency, you're in maritime law.
[01:47:23.400 --> 01:47:26.400]  Okay. Here's my problem.
[01:47:26.400 --> 01:47:30.400]  We're still there by implication.
[01:47:30.400 --> 01:47:33.400]  I need to get there by specification.
[01:47:33.400 --> 01:47:40.400]  I know you need to get there by specification, but just look at the circumstances.
[01:47:40.400 --> 01:47:45.400]  If we were under the law of the land, you could walk into a municipal court
[01:47:45.400 --> 01:47:56.400]  with the Constitution, and you could tell them to kiss your...
[01:47:56.400 --> 01:47:57.400]  Still.
[01:47:57.400 --> 01:48:00.400]  You could tell them this is the law of the land.
[01:48:00.400 --> 01:48:05.400]  This is the law that we operate under, but obviously they're operating under
[01:48:05.400 --> 01:48:08.400]  a different sort of law, Randy, and you can see that right away.
[01:48:08.400 --> 01:48:10.400]  You don't need to know how you got there.
[01:48:10.400 --> 01:48:14.400]  You just know that the Constitution is irrelevant in that court.
[01:48:14.400 --> 01:48:17.400]  That's a false premise, though.
[01:48:17.400 --> 01:48:24.400]  The premise is that since they're not abiding by the law that appears to apply,
[01:48:24.400 --> 01:48:32.400]  then therefore they must be abiding by some other law, and it's my position
[01:48:32.400 --> 01:48:40.400]  that they're simply not abiding by law at all.
[01:48:40.400 --> 01:48:44.400]  Not that it goes to some other jurisdiction.
[01:48:44.400 --> 01:48:48.400]  This is just generic corruption.
[01:48:48.400 --> 01:48:58.400]  The problem is, rationally and logically, I can't get from the one place
[01:48:58.400 --> 01:49:02.400]  to the other with this line of reasoning.
[01:49:02.400 --> 01:49:06.400]  I can't say that because they're not following this law,
[01:49:06.400 --> 01:49:10.400]  therefore they must be following another law.
[01:49:10.400 --> 01:49:15.400]  Look at the guy who called in about the code enforcement.
[01:49:15.400 --> 01:49:19.400]  There's nothing in the Constitution about code enforcement.
[01:49:19.400 --> 01:49:22.400]  We know that's coming from Agenda 21.
[01:49:22.400 --> 01:49:27.400]  We know that we're operating under a government that's not ours right now,
[01:49:27.400 --> 01:49:31.400]  and no one's going to write it down and send it to you, Randy.
[01:49:31.400 --> 01:49:33.400]  You just know that's what's going on.
[01:49:33.400 --> 01:49:35.400]  But it's still corruption.
[01:49:35.400 --> 01:49:43.400]  They're just trying to use coercive and subversive techniques
[01:49:43.400 --> 01:49:51.400]  to hide what they're doing and hoodwink us out of our rights and our liberties.
[01:49:51.400 --> 01:49:55.400]  It doesn't get me to maritime.
[01:49:55.400 --> 01:49:57.400]  That's my problem.
[01:49:57.400 --> 01:49:59.400]  Look at that code enforcement.
[01:49:59.400 --> 01:50:01.400]  I mean, that's just not sliding us from the law.
[01:50:01.400 --> 01:50:08.400]  That's creating a whole different beast completely outside of the law of the land.
[01:50:08.400 --> 01:50:14.400]  I agree, and it needs to be challenged with statutory law.
[01:50:14.400 --> 01:50:17.400]  The statutory law we're pretending to follow
[01:50:17.400 --> 01:50:22.400]  because the statutory law incorporates the Constitution.
[01:50:22.400 --> 01:50:26.400]  Just about everything that's in the Constitution is in the statutory law.
[01:50:26.400 --> 01:50:31.400]  And look at how all these cities and towns have incorporated and even courts,
[01:50:31.400 --> 01:50:36.400]  which means that they're considering us maybe employees
[01:50:36.400 --> 01:50:41.400]  and that we're violating their contract, and that goes straight to commerce.
[01:50:41.400 --> 01:50:47.400]  What they're doing is they're fining us, and that's currency.
[01:50:47.400 --> 01:50:52.400]  And the bank is directing the flow of that currency.
[01:50:52.400 --> 01:50:54.400]  Okay.
[01:50:54.400 --> 01:50:58.400]  Still doesn't get me to maritime.
[01:50:58.400 --> 01:51:05.400]  Granted, there are problems, and we can cite lots of problems in the system.
[01:51:05.400 --> 01:51:11.400]  My concern right now are these people trying to use the problems
[01:51:11.400 --> 01:51:14.400]  in the system to imply maritime jurisdiction
[01:51:14.400 --> 01:51:18.400]  and then trying to act as if they're under maritime jurisdiction.
[01:51:18.400 --> 01:51:22.400]  It could get them in a real pickle.
[01:51:22.400 --> 01:51:25.400]  Moe from New York, his wife called me.
[01:51:25.400 --> 01:51:27.400]  He's in jail.
[01:51:27.400 --> 01:51:36.400]  He filed some, not promissory notes, but the other one.
[01:51:36.400 --> 01:51:43.400]  Anyway, he was trying to get a Mercedes with a bill of exchange.
[01:51:43.400 --> 01:51:46.400]  The Mercedes dealers called the feds,
[01:51:46.400 --> 01:51:52.400]  and got this guy down here named Mohammed trying to buy a Mercedes with this bill of exchange.
[01:51:52.400 --> 01:51:55.400]  So they said, oh, goody, we got somebody named Mohammed.
[01:51:55.400 --> 01:52:01.400]  Now we can use our funding to fight terrorists to actually go out and do something.
[01:52:01.400 --> 01:52:04.400]  So they run out and arrest him and throw him in jail.
[01:52:04.400 --> 01:52:08.400]  He had bought two houses with, two buildings with the same bills of exchange.
[01:52:08.400 --> 01:52:12.400]  The banks, the FBI went to the banks and demanded their records,
[01:52:12.400 --> 01:52:17.400]  and the banks went to this guy and asked him to quash the subpoena,
[01:52:17.400 --> 01:52:20.400]  moved to quash the subpoena, and he said, heck no.
[01:52:20.400 --> 01:52:21.400]  I did everything right.
[01:52:21.400 --> 01:52:23.400]  Give him the records.
[01:52:23.400 --> 01:52:25.400]  They did.
[01:52:25.400 --> 01:52:29.400]  The feds looked at the records, said, no problem here.
[01:52:29.400 --> 01:52:31.400]  They let him out.
[01:52:31.400 --> 01:52:34.400]  Here was Mohammed's problem.
[01:52:34.400 --> 01:52:37.400]  He had done everything right.
[01:52:37.400 --> 01:52:38.400]  They called me down there.
[01:52:38.400 --> 01:52:40.400]  I went to New York.
[01:52:40.400 --> 01:52:45.400]  They gave me a stack of folders, bound folders, four inches high.
[01:52:45.400 --> 01:52:49.400]  It went through all the details of how to do this.
[01:52:49.400 --> 01:52:57.400]  Not one piece of law in the entire books, the whole thing, nothing.
[01:52:57.400 --> 01:53:02.400]  Now he was doing it right, but when he got to the court, he had no way to defend himself.
[01:53:02.400 --> 01:53:05.400]  He had no way to show the court that he was doing it right.
[01:53:05.400 --> 01:53:09.400]  The feds went out and found that he was doing it right.
[01:53:09.400 --> 01:53:11.400]  This is my problem.
[01:53:11.400 --> 01:53:17.400]  People are out filing supposed maritime liens.
[01:53:17.400 --> 01:53:24.400]  When the court comes back and says, hey, that's a false lien, and you say, no, it's not.
[01:53:24.400 --> 01:53:26.400]  That's a maritime lien.
[01:53:26.400 --> 01:53:27.400]  Prove it up.
[01:53:27.400 --> 01:53:30.400]  Isn't the burden of proof on the court, Randy?
[01:53:30.400 --> 01:53:31.400]  No.
[01:53:31.400 --> 01:53:33.400]  The burden of proof is on you.
[01:53:33.400 --> 01:53:38.400]  If you file the lien, you're the one expressing the lien.
[01:53:38.400 --> 01:53:41.400]  You have to prove it up to me.
[01:53:41.400 --> 01:53:42.400]  This is my concern.
[01:53:42.400 --> 01:53:45.400]  So did they charge him with something?
[01:53:45.400 --> 01:53:47.400]  Did they charge him with criminal charges?
[01:53:47.400 --> 01:53:51.400]  They haven't yet, but I'm afraid it's coming.
[01:53:51.400 --> 01:53:54.400]  Well, filing a false...
[01:53:54.400 --> 01:53:56.400]  How did they get him into court for that, Randy?
[01:53:56.400 --> 01:53:58.400]  Pardon me?
[01:53:58.400 --> 01:54:00.400]  How did they get him into court?
[01:54:00.400 --> 01:54:09.400]  What they can do is charge him with not simulating the legal process, filing a false...
[01:54:09.400 --> 01:54:15.400]  Well, there's a special statute they put in for the Republic of Texas to top up filing these liens.
[01:54:15.400 --> 01:54:16.400]  Is that criminal?
[01:54:16.400 --> 01:54:19.400]  Yes, felony.
[01:54:19.400 --> 01:54:23.400]  Well, then doesn't the burden of proof fall on the state?
[01:54:23.400 --> 01:54:34.400]  Well, see, the problem is if you express the lien, then you have to prove up the lien,
[01:54:34.400 --> 01:54:41.400]  or that's prima facie evidence of fraud.
[01:54:41.400 --> 01:54:45.400]  They have to be able to prove up the lien.
[01:54:45.400 --> 01:54:49.400]  I'm not saying that the maritime liens are not valid.
[01:54:49.400 --> 01:54:55.400]  It's just there's no way to prove that it's valid if you get nailed for it.
[01:54:55.400 --> 01:55:01.400]  If one of these attorneys comes along and says, hey, that's a bogus lien,
[01:55:01.400 --> 01:55:06.400]  and files against you claiming that you filed a false lien,
[01:55:06.400 --> 01:55:13.400]  how are you going to prove that the lien's not false?
[01:55:13.400 --> 01:55:15.400]  This is my answer.
[01:55:15.400 --> 01:55:18.400]  Section 51.902, Randy.
[01:55:18.400 --> 01:55:20.400]  What's the name of it again?
[01:55:20.400 --> 01:55:22.400]  51.902.
[01:55:22.400 --> 01:55:23.400]  No, the name of it.
[01:55:23.400 --> 01:55:24.400]  What's it called?
[01:55:24.400 --> 01:55:26.400]  What's the statute?
[01:55:26.400 --> 01:55:31.400]  Actual fraudulent judgment lien.
[01:55:31.400 --> 01:55:33.400]  Oh, I didn't even know about that one.
[01:55:33.400 --> 01:55:34.400]  That wasn't what I was thinking of.
[01:55:34.400 --> 01:55:37.400]  But see, that's the pickle we can wind up in.
[01:55:37.400 --> 01:55:41.400]  We need to make sure going in that if we have to fight our way out,
[01:55:41.400 --> 01:55:44.400]  that we've got the tools to fight our way out with.
[01:55:44.400 --> 01:55:50.400]  And these guys seem to be going in there half-blinded.
[01:55:50.400 --> 01:55:53.400]  That's the thing I'm trying to get to you.
[01:55:53.400 --> 01:55:54.400]  Isn't there something he can file?
[01:55:54.400 --> 01:55:58.400]  Don't they have to have evidence to file charges against him?
[01:55:58.400 --> 01:56:02.400]  I mean, they just can't call you in there because you filed a lien.
[01:56:02.400 --> 01:56:04.400]  Yeah, they can.
[01:56:04.400 --> 01:56:07.400]  They can, but you can't prove the lien up.
[01:56:07.400 --> 01:56:10.400]  Yeah.
[01:56:10.400 --> 01:56:15.400]  Absolutely they can, because the lien can cause harm.
[01:56:15.400 --> 01:56:18.400]  It puts a...
[01:56:18.400 --> 01:56:19.400]  It has caused harm.
[01:56:19.400 --> 01:56:23.400]  Yeah, what do you call it?
[01:56:23.400 --> 01:56:24.400]  Mechanics.
[01:56:24.400 --> 01:56:26.400]  Color is the title.
[01:56:26.400 --> 01:56:28.400]  Yeah.
[01:56:28.400 --> 01:56:33.400]  So like in Wendy's case, an attorney came to her
[01:56:33.400 --> 01:56:37.400]  and told her she needs to get rid of that lien because he's building a new house
[01:56:37.400 --> 01:56:41.400]  and he needs to sell his old house and he can't because of the lien.
[01:56:41.400 --> 01:56:43.400]  He's been harmed.
[01:56:43.400 --> 01:56:46.400]  Yeah, but he's been harmed financially.
[01:56:46.400 --> 01:56:49.400]  This is a civil matter.
[01:56:49.400 --> 01:56:55.400]  Oh, but see, if he's been harmed financially by a false lien, that's fraud.
[01:56:55.400 --> 01:56:57.400]  That's a criminal matter.
[01:56:57.400 --> 01:57:00.400]  But you would think they would need some evidence for that, Randy.
[01:57:00.400 --> 01:57:03.400]  They have evidence of the lien.
[01:57:03.400 --> 01:57:05.400]  He can show that he's harmed.
[01:57:05.400 --> 01:57:08.400]  She expressed the lien.
[01:57:08.400 --> 01:57:13.400]  It's just like when the prosecutor comes in and files the criminal complaint,
[01:57:13.400 --> 01:57:18.400]  he has to prove up subject matter jurisdiction because he's the one that started the fight.
[01:57:18.400 --> 01:57:27.400]  When someone files the lien, they're the one that takes the action and expresses the authority.
[01:57:27.400 --> 01:57:30.400]  They have to be able to prove it up.
[01:57:30.400 --> 01:57:38.400]  Well, he can prove he's been harmed if he's filed a lien and cured it, though, right?
[01:57:38.400 --> 01:57:41.400]  Well, he may be able to show that he's been harmed,
[01:57:41.400 --> 01:57:52.400]  but he also has to show that because of the harm, he has the right to file this particular type of lien.
[01:57:52.400 --> 01:58:03.400]  And it may be the reason that they haven't a problem yet is that they do take action to...
[01:58:03.400 --> 01:58:04.400]  Are we out of time?
[01:58:04.400 --> 01:58:06.400]  Yeah, we are.
[01:58:06.400 --> 01:58:07.400]  I'm sorry.
[01:58:07.400 --> 01:58:12.400]  I ran out of time. I'm enjoying this too much and didn't get to...
[01:58:12.400 --> 01:58:13.400]  Oh, who dropped off?
[01:58:13.400 --> 01:58:14.400]  We missed a couple of calls.
[01:58:14.400 --> 01:58:20.400]  I'm sorry, guys, that we can't go over tonight, but we're out of time.
[01:58:20.400 --> 01:58:22.400]  Sorry, the show's over.
[01:58:22.400 --> 01:58:23.400]  Thanks, Mark.
[01:58:23.400 --> 01:58:25.400]  Good night.
[01:58:25.400 --> 01:58:26.400]  Good night.
[01:58:26.400 --> 01:58:31.400]  Good luck.
[01:58:31.400 --> 01:58:37.400]  Randy broke up really bad, but thanks for listening, guys, and we'll see you Monday night.
[01:59:01.400 --> 01:59:04.400]  We'll be right back.
[01:59:32.400 --> 01:59:38.400]  Yeah, I'm a storm in the street tonight,
[01:59:38.400 --> 01:59:42.400]  and I can't breathe today,
[01:59:42.400 --> 01:59:46.400]  but my life already told my best,
[01:59:46.400 --> 01:59:50.400]  and I know what I want to do.
[01:59:50.400 --> 02:00:01.400]  Oh, good night.