[00:00.000 --> 00:13.380] AIG is preparing to pay $2.4 million in bonuses to 40 of its top executives, months after [00:13.380 --> 00:20.200] paying $165 million in bonuses that angered lawmakers and the public. [00:20.200 --> 00:26.320] In Britain, Rupert Murdoch's news group has paid $1.5 million to secure secrecy over [00:26.320 --> 00:32.400] out-of-court settlements in three cases where Murdoch journalists used private investigators [00:32.400 --> 00:37.400] to illegally hack into cell phone messages of public figures and gain access to their [00:37.400 --> 00:39.640] personal data. [00:39.640 --> 00:45.100] A Danish study has found one in three breast cancers detected by mammogram screening may [00:45.100 --> 00:47.400] actually be harmless. [00:47.400 --> 00:52.680] Data from five countries suggests some women may have had unnecessary treatment for cancers [00:52.680 --> 01:00.040] that were unlikely to kill them or spread. [01:00.040 --> 01:04.560] Legal aid societies across the country are being overwhelmed by growing numbers of poor [01:04.560 --> 01:11.240] and unemployed Americans who face eviction, foreclosure, bankruptcy and other legal problems [01:11.240 --> 01:13.120] tied to the recession. [01:13.120 --> 01:19.240] The crush of new clients comes as cash-strapped agencies cut staff and services. [01:19.240 --> 01:24.360] The non-profit Legal Services Corporation, which funds more than 900 legal aid offices [01:24.360 --> 01:30.560] nationwide, says the number of people who qualify for assistance has jumped by 11 million [01:30.560 --> 01:34.280] since 2007 because of the recession. [01:34.280 --> 01:39.740] The federal government budgeted an 11% increase in funding for legal aid this year. [01:39.740 --> 01:45.200] That increase, however, is more than offset by the growing demand for services and a recession-driven [01:45.200 --> 01:51.600] decline in state funding, charitable gifts and grants, which traditionally make up half [01:51.600 --> 01:53.480] of legal service funding. [01:53.480 --> 01:59.680] Advocates say that means legal aid programs will turn away roughly one million valid cases [01:59.680 --> 02:02.680] this year. [02:02.680 --> 02:10.360] CIA Director Leon Panetta's revelation of a secret program the CIA kept hidden from [02:10.360 --> 02:17.480] Congress since 2001 has sparked a partisan battle in Congress and renewed concerns about [02:17.480 --> 02:23.280] the spy organization's behavior during the Bush and Obama administrations. [02:23.280 --> 02:28.720] Last month, Panetta revealed the CIA had misled Congress and concealed significant actions [02:28.720 --> 02:29.720] from them. [02:29.720 --> 02:34.680] Panetta claimed he noticed the program four months after taking office and immediately [02:34.680 --> 02:36.120] canceled it. [02:36.120 --> 02:40.520] House Democrats say Panetta's revelation is another example of the Bush administration's [02:40.520 --> 02:42.920] covert activities. [02:42.920 --> 02:47.600] Republicans claimed Panetta was trying to score points with Congressional Democrats [02:47.600 --> 02:52.840] who labeled him a stand-up guy and that the program was not a major tool and therefore [02:52.840 --> 02:55.040] didn't need to be revealed. [02:55.040 --> 03:01.280] Democrats are now talking about holding an investigation. [03:01.280 --> 03:04.720] You feel tired when talking about important topics like money and politics? [03:04.720 --> 03:05.720] Sorry! [03:05.720 --> 03:08.640] I'm confused by words like the Constitution or the Federal Reserve. [03:08.640 --> 03:09.640] What? [03:09.640 --> 03:13.520] If so, you may be diagnosed with the deadliest disease known today, stupidity. [03:13.520 --> 03:19.000] Hi, my name is Steve Holt and like millions of other Americans, I was diagnosed with stupidity [03:19.000 --> 03:20.200] at an early age. [03:20.200 --> 03:24.200] I had no idea that the number one cause of the disease is found in almost every home [03:24.200 --> 03:26.280] in America, the television. [03:26.280 --> 03:31.320] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope. [03:31.320 --> 03:35.080] The staff at Brave New Books have helped me and thousands of other Foxaholics suffering [03:35.080 --> 03:37.400] from sports-zombie-ism recover. [03:37.400 --> 03:41.640] And because of Brave New Books, I now enjoy reading and watching educational documentaries [03:41.640 --> 03:44.280] without feeling tired or uninterested. [03:44.280 --> 03:51.640] So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 [03:51.640 --> 03:55.720] or visit them in 1904 Guadalupe or bravenewbookstore.com. [03:55.720 --> 03:59.120] Side effects from using Brave New Books products may include discernment and enlarged vocabulary [03:59.120 --> 04:01.320] and an overall increase in mental functioning. [04:01.320 --> 04:09.640] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech [04:09.640 --> 04:33.080] talk radio at its best. [05:09.640 --> 05:36.720] Okay, we are back for our two and three of Rule of Law Radio. [05:36.720 --> 05:41.760] Randy Kelton, Eddie Craig, Deborah Stevens, we've got Wendy and Bill still on the line [05:41.760 --> 05:42.760] with us. [05:42.760 --> 05:46.720] We're going to be taking your calls for the rest of the show. [05:46.720 --> 05:51.680] And Nolan from North Carolina, I know that you've called back in a couple of times and [05:51.680 --> 05:52.680] dropped off the line. [05:52.680 --> 05:56.360] I know that we spent a lot of time on this, but I really wanted to go over this very well [05:56.360 --> 06:02.240] so that other people would be able to understand these processes and be able to do them themselves. [06:02.240 --> 06:06.960] So we are going to, so Nolan, please call back in and we will take you immediately. [06:06.960 --> 06:09.000] Right now we're going to go to Kenny in California. [06:09.000 --> 06:12.200] Kenny, thanks for calling in. [06:12.200 --> 06:14.200] Hey, what's on your mind tonight? [06:14.200 --> 06:15.200] How are you guys? [06:15.200 --> 06:18.200] I've got a long time to talk to. [06:18.200 --> 06:19.200] Yeah. [06:19.200 --> 06:23.760] Yeah, actually I spoke to Randy not too long ago on the phone. [06:23.760 --> 06:25.960] I was just going to touch on a few things. [06:25.960 --> 06:32.000] I was hoping that we could talk a little bit, a little more deeply about these far grievances [06:32.000 --> 06:36.320] and my understanding is maybe it is some of y'all's as well that when you do these grievances [06:36.320 --> 06:38.240] they do end up in the trash. [06:38.240 --> 06:44.880] If that's the case, how is it that the malpractice insurance company is going to know anything [06:44.880 --> 06:50.800] about it unless we are of course filing a copy of that with that malpractice insurance [06:50.800 --> 06:51.800] company? [06:51.800 --> 06:54.120] That's question number one. [06:54.120 --> 06:57.960] Okay, I can answer that one. [06:57.960 --> 07:05.680] If the attorney gets a bar grievance and he fails to notify his insurance carrier and [07:05.680 --> 07:13.800] he is subsequently sued, the insurance carrier does not have to pay the claim. [07:13.800 --> 07:21.360] So when you file a bar grievance against the attorney, he has to notify the insurance company. [07:21.360 --> 07:24.280] That makes it even better. [07:24.280 --> 07:31.080] So short of suing the attorney, how is that a remedy for someone who is looking to put [07:31.080 --> 07:36.800] pressure on an attorney or at least just kind of mess with them just because you can? [07:36.800 --> 07:41.000] That will eliminate his malpractice insurance. [07:41.000 --> 07:46.280] If he has his own law firm, he will have to shut it down because the firm, if he gets [07:46.280 --> 07:49.400] three bar grievances, the firm can't get insurance. [07:49.400 --> 07:55.520] Right, but if you're not suing the attorney or the firm, how is it that that's going [07:55.520 --> 07:59.680] to shut down the insurance because the malpractice insurance company is not going to know anything [07:59.680 --> 08:00.680] about it? [08:00.680 --> 08:01.680] The bar association... [08:01.680 --> 08:02.680] Oh, yes they are. [08:02.680 --> 08:10.280] What I'm saying is he's paying premiums for malpractice insurance, high premiums. [08:10.280 --> 08:18.520] If he gets a bar grievance and doesn't notify the insurance company, his insurance is void [08:18.520 --> 08:21.560] so he's paying for it for nothing. [08:21.560 --> 08:24.520] How are we going to know whether he notified them or not? [08:24.520 --> 08:30.000] I would think that since most attorneys really don't operate above board most of the time, [08:30.000 --> 08:32.880] why am I to assume that he's going to do the honorable thing and let them know that he [08:32.880 --> 08:35.120] got a bar grievance? [08:35.120 --> 08:39.200] Because the bar grievance is... [08:39.200 --> 08:44.040] The insurance company can get the fact of the bar grievance from the state bar. [08:44.040 --> 08:46.480] This is something too easy to come out. [08:46.480 --> 08:50.880] Now if you're concerned that they won't get it, there's only about nine companies in the [08:50.880 --> 08:56.520] United States that do malpractice insurance for attorneys. [08:56.520 --> 08:58.640] So just notice all of them. [08:58.640 --> 08:59.640] Right. [08:59.640 --> 09:01.480] Now this brings me up to the next question. [09:01.480 --> 09:09.520] I think Wendy had touched a little bit on earlier about doing information requests to find out [09:09.520 --> 09:19.120] who the insurance carrier slash bond company might be on that particular bar number. [09:19.120 --> 09:22.920] Who would that information request go out to? [09:22.920 --> 09:29.560] I don't know that that is something that the attorney has a duty to reveal. [09:29.560 --> 09:38.640] But here in Marable, if it's a city attorney, the city's malpractice... [09:38.640 --> 09:42.080] If it's a city attorney, if it's a public official, that's different. [09:42.080 --> 09:43.080] Right. [09:43.080 --> 09:49.000] But if he's a private attorney, I don't know of anything that gives him a duty to release [09:49.000 --> 09:52.240] that particular piece of information. [09:52.240 --> 09:53.240] Right. [09:53.240 --> 10:01.040] However, if it were a judge who is an official, county, city, whatever, my understanding is [10:01.040 --> 10:03.840] that they are required to give up the bond information. [10:03.840 --> 10:09.040] Well, yeah, they are and that's...you don't even need to go to the judge for that. [10:09.040 --> 10:13.480] You can go to the state comptroller or to the county comptroller if you have one or [10:13.480 --> 10:19.600] to the tax assessor collector, whoever pays the bills, the county commissioner's court. [10:19.600 --> 10:23.720] Whoever pays the bill, there will be a money trail. [10:23.720 --> 10:31.640] And the codes actually would tell you exactly where the bonds are kept. [10:31.640 --> 10:32.760] Which codes? [10:32.760 --> 10:36.400] The annotated codes for the state. [10:36.400 --> 10:44.400] You can look down and see where public officials or whatever and it should tell you exactly [10:44.400 --> 10:48.880] where their oath of offices and their bonds should be kept and should be kept here in [10:48.880 --> 10:54.560] Tennessee in the registrar's office, but they're not. [10:54.560 --> 10:56.840] They're kept in the county commissioner's office. [10:56.840 --> 10:59.920] And that's tampering with a government document. [10:59.920 --> 11:00.920] Yes. [11:00.920 --> 11:06.960] But in either case, if you can get it from the other place, as long as you...these are [11:06.960 --> 11:14.080] things that should be relatively easy to locate because they're government documents by their [11:14.080 --> 11:15.080] nature. [11:15.080 --> 11:18.640] Yeah, but of course those rules change from state to state. [11:18.640 --> 11:23.240] And I did find out in California the secretary of state's office holds the oath. [11:23.240 --> 11:26.000] My mate called him on Monday and found out where the bonds are. [11:26.000 --> 11:28.680] I wouldn't mind kind of playing around with some of these judges that I've dealt with [11:28.680 --> 11:30.680] in the past. [11:30.680 --> 11:36.480] Next question for Wendy with regard to the process that she's been using and I'm quite [11:36.480 --> 11:41.440] familiar actually with a lot of this and I've heard some of Tim Turner's audios and seen [11:41.440 --> 11:42.680] a bunch of the documents. [11:42.680 --> 11:51.400] Are you using notary protest process with these documents that you're using? [11:51.400 --> 11:57.840] I have once, but three witnesses can sign it and it's just as powerful because you've [11:57.840 --> 12:01.400] got three witnesses signing your documents. [12:01.400 --> 12:02.400] Yeah I've heard that. [12:02.400 --> 12:03.400] Okay. [12:03.400 --> 12:11.880] So you're using a default certificate of non-response type situation or what? [12:11.880 --> 12:12.880] Yes. [12:12.880 --> 12:17.800] I mean all you have to do, your witnesses, is sign an affidavit that they witnessed you [12:17.800 --> 12:23.960] put it in an envelope and sign them and send it and you use your certified mail receipt [12:23.960 --> 12:31.680] number you know and you put it under UCC-3s, you own that under due course. [12:31.680 --> 12:37.880] Right okay and I just thought it might be useful to point out to folks listening that [12:37.880 --> 12:42.440] a UCC-1 is not actually lien itself, it's a notice of a lien. [12:42.440 --> 12:43.440] Yes. [12:43.440 --> 12:50.400] There has to be something else backing that up and I've also heard on Winston materials [12:50.400 --> 12:55.400] and from some other people that once you have placed a lien that you want to be careful [12:55.400 --> 13:01.440] about, you don't ever want to remove it, you assign it to a party once they've satisfied [13:01.440 --> 13:04.760] whatever it is that needs to be satisfied but the removal of it can get you in trouble. [13:04.760 --> 13:05.760] Is that your understanding? [13:05.760 --> 13:15.920] Yeah, but you know I can give them away to anybody, sell them, give them away. [13:15.920 --> 13:21.360] You know I mean I'm attached to my husband's UCC, he's attached to mine, he owns mine [13:21.360 --> 13:26.680] liens as much as I own his. [13:26.680 --> 13:27.680] Right right. [13:27.680 --> 13:31.480] I just remember there was apparently about three or four years ago there was a group [13:31.480 --> 13:36.200] of guys there in Texas that had gotten in trouble with doing some liens on some officials [13:36.200 --> 13:39.800] and then apparently they got tricked into removing them, that's the story I heard. [13:39.800 --> 13:43.000] I don't know how accurate this is. [13:43.000 --> 13:48.120] I think a lot of people get in trouble with the liens and stuff because they do not perfect [13:48.120 --> 13:49.120] their claims. [13:49.120 --> 13:54.400] I mean if you have a valid, perfected claim and you've done every process, you get every [13:54.400 --> 14:02.960] opportunity because you're sweet, you're nice, you get every opportunity to try to [14:02.960 --> 14:08.800] correct this and then you apply the liens, notice of the liens. [14:08.800 --> 14:11.120] And gave them a 90 day curing period. [14:11.120 --> 14:12.120] Yeah. [14:12.120 --> 14:17.440] And anytime they could rebutted that notice of liens. [14:17.440 --> 14:22.120] I mean our liens are actually even filed in our court cases. [14:22.120 --> 14:27.400] And this is the process that's keeping everybody out of trouble because you're actually creating [14:27.400 --> 14:35.120] a lien as a matter of law so that and primarily you get it because the boneheads don't respond [14:35.120 --> 14:42.320] appropriately to the lien, they're just not familiar with the commercial process. [14:42.320 --> 14:48.440] Whereas the Republic of Texas when they were filing notice of lien, they just decided there [14:48.440 --> 14:50.680] was a lien and filed a notice of it. [14:50.680 --> 14:53.280] Well, the lien had never been actually created. [14:53.280 --> 14:55.480] No, you have to have a valid claim. [14:55.480 --> 14:59.120] Yeah, is that what happened with those guys? [14:59.120 --> 15:00.200] Yes. [15:00.200 --> 15:02.600] They just claimed a lien. [15:02.600 --> 15:05.760] They didn't go through the process of perfecting it. [15:05.760 --> 15:06.760] Right, yeah. [15:06.760 --> 15:11.520] Okay, well I'll defer to the next caller and then hey, it was good talking to you all. [15:11.520 --> 15:15.040] I'll try to get back in the habit of calling in a little more often. [15:15.040 --> 15:16.040] All right, wonderful Kenny. [15:16.040 --> 15:18.040] It's great to hear from you again. [15:18.040 --> 15:19.520] Okay, yeah, thanks. [15:19.520 --> 15:20.520] Okay, awesome. [15:20.520 --> 15:21.520] Okay, bye-bye. [15:21.520 --> 15:22.520] Bye. [15:22.520 --> 15:26.560] Okay, we are now going to go to Steve in Texas, the first time caller. [15:26.560 --> 15:28.240] Steve, thanks for calling in. [15:28.240 --> 15:29.240] Thanks for listening. [15:29.240 --> 15:30.240] What's on your mind tonight? [15:30.240 --> 15:33.160] Well, thanks for taking me. [15:33.160 --> 15:39.600] I've got a problem that I'm not sure how to deal with as far as I'm a self-proprietor [15:39.600 --> 15:47.320] of a business and I just got recently a customer called me and he got my name from Google and [15:47.320 --> 15:54.840] I never gave Google permission to put my business name and address, you know, on the computer. [15:54.840 --> 15:56.840] Do you have a website? [15:56.840 --> 15:59.760] No, I'm kind of computer illiterate. [15:59.760 --> 16:06.560] I don't even have a computer, so I'm not sure who to contact with Google to handle this [16:06.560 --> 16:07.560] or how I... [16:07.560 --> 16:08.560] Well, wait a minute. [16:08.560 --> 16:09.560] You have a business. [16:09.560 --> 16:13.840] Is your phone number and business address listed in the yellow pages? [16:13.840 --> 16:18.320] Just my telephone number, but I didn't put my address because I don't sell any products. [16:18.320 --> 16:19.800] I just install. [16:19.800 --> 16:24.560] Well, here's the problem you have. [16:24.560 --> 16:27.320] Names and addresses are in the public record. [16:27.320 --> 16:32.400] Especially if it's a business, especially if it's a business. [16:32.400 --> 16:38.720] Yeah, but like I say, I go to people's houses and install tile. [16:38.720 --> 16:39.720] I don't sell any products. [16:39.720 --> 16:40.720] Hold on one moment. [16:40.720 --> 16:41.720] Hold on one moment. [16:41.720 --> 16:42.720] We're going to break. [16:42.720 --> 16:44.520] We're going to address this on the other side. [16:44.520 --> 16:45.520] Okay. [16:45.520 --> 16:46.520] Okay. [16:46.520 --> 16:47.520] We'll be right back. [16:47.520 --> 16:48.520] This is rule of law. [16:48.520 --> 16:53.680] We've got Wendy, Bill, Eddie Craig, myself, and Randy. [16:53.680 --> 16:54.680] We'll be right back. [16:54.680 --> 17:00.000] When the dollars call in. [17:00.000 --> 17:01.000] You invest. [17:01.000 --> 17:02.000] You buy insurance. [17:02.000 --> 17:03.000] You wear your seatbelt. [17:03.000 --> 17:05.520] You do things to ensure your family's future and protection. [17:05.520 --> 17:06.520] But why? [17:06.520 --> 17:07.600] Just in case? [17:07.600 --> 17:10.640] With the current state of affairs, ask yourself, am I ready? [17:10.640 --> 17:13.940] Preparation starts at survivalgearsource.com. [17:13.940 --> 17:18.280] Survivalgearsource.com has a huge selection of vital products, emergency survival kits, [17:18.280 --> 17:24.360] gas masks, MREs, communication devices, products for pet care, your car, home, office, and school. [17:24.360 --> 17:28.520] Invest against all natural disasters and terror attacks that can happen at any time. [17:28.520 --> 17:32.680] If you are not prepared, the last place you want to be is standing in FEMA lines. [17:32.680 --> 17:34.400] Invest in your future now. [17:34.400 --> 17:39.640] Visit survivalgearsource.com or call 877-231-1925. [17:39.640 --> 17:44.080] That's 877-231-1925. [17:44.080 --> 17:45.080] Survivalgearsource.com. [17:45.080 --> 17:47.560] Prepare for tomorrow now. [17:47.560 --> 17:54.280] When ordering from survivalgearsource.com, remember to use promo code ruleoflawradio.com. [17:54.280 --> 17:59.040] Again, that special promo code is ruleoflawradio.com. [18:24.280 --> 18:27.840] Okay, we are back. [18:27.840 --> 18:30.040] We are speaking with Steve. [18:30.040 --> 18:39.240] Okay, Steve, you have a business, okay, and it is in the yellow pages, you have the business [18:39.240 --> 18:43.240] name and your telephone number listed but not the address. [18:43.240 --> 18:44.240] Is that correct? [18:44.240 --> 18:45.240] Is that what you were just saying? [18:45.240 --> 18:46.240] Yes, ma'am. [18:46.240 --> 18:48.040] Okay, do you have a DBA for your business? [18:48.040 --> 18:49.040] Yes. [18:49.040 --> 18:57.440] On your DBA, when you submitted documents with the county, did you put that address [18:57.440 --> 18:58.440] on the DBA? [18:58.440 --> 19:01.920] Well, I'm going to have to look, but I believe I did. [19:01.920 --> 19:02.920] Okay, all right. [19:02.920 --> 19:09.800] When you do things like that, you are submitting your information into the public, all right, [19:09.800 --> 19:15.360] and as far as Google is concerned, they are a search engine for the Internet, all right. [19:15.360 --> 19:22.880] Google put up websites, the yellow pages has a website, the county tax assessor's office [19:22.880 --> 19:31.400] has a website, which when you go down to the tax assessor's office and the clerk down there, [19:31.400 --> 19:36.960] that's where you file for a DBA, secretary of state has a website, almost everybody has [19:36.960 --> 19:42.920] some kind of website, especially entities that are public, okay, and what happens with [19:42.920 --> 19:48.320] search engines, since you said that you were a little bit somewhat computer illiterate, [19:48.320 --> 19:52.040] Google doesn't actually put your name on the computer, okay. [19:52.040 --> 19:54.320] Google does not do anything. [19:54.320 --> 19:58.080] Google doesn't submit any information out there. [19:58.080 --> 20:01.040] Well, they do harvest information and give it to the government. [20:01.040 --> 20:07.760] That's one thing that they do do, so don't, people shouldn't use Google because they record [20:07.760 --> 20:13.080] your IP address, which your IP address is the location, it's your Internet location, [20:13.080 --> 20:17.400] all right, when you get online, when you get on the Internet, and they harvest, they save [20:17.400 --> 20:22.000] your IP address and everything that you search for and all the websites that you hit from [20:22.000 --> 20:25.800] their page, all the links that you click on from their page, and they give all that information [20:25.800 --> 20:31.520] to the government and to other marketers, you know, people who want to sell you things, [20:31.520 --> 20:32.520] all right. [20:32.520 --> 20:36.080] Google doesn't actually put your information anywhere. [20:36.080 --> 20:41.800] They gather information and how a search engine works, like Google, all right, it's called [20:41.800 --> 20:50.320] a spidering, and Google and other search engines have a program that goes out there and it's [20:50.320 --> 20:58.560] called spidering, and they hit as many websites as they can all the time, and they document [20:58.560 --> 21:03.840] and record and harvest the information that's out there, all right. [21:03.840 --> 21:09.560] If people put up a website, they're putting the information out there in the public, all [21:09.560 --> 21:15.720] right, and that's, and browsers have to be able to read it, and that's why HTML code [21:15.720 --> 21:19.920] cannot be copyrighted, all right, and there's no such thing, and so what happens is that [21:19.920 --> 21:27.760] if the tax appraiser's office, you know, down at 51st Street Airport, where you submitted, [21:27.760 --> 21:32.960] where you registered for your DBA, that is a matter of public record, and so Google probably [21:32.960 --> 21:40.280] spidered that office, you know, the tax assessor's office, and got your information, and it's [21:40.280 --> 21:45.680] listed in their search engine, and so when somebody did a hit on your name, that's how [21:45.680 --> 21:50.440] they got your address and your phone number, so you have already submitted that information [21:50.440 --> 21:56.640] into the public, so you can't complain, you have no cause of action to claim that Google [21:56.640 --> 21:58.000] did anything wrong. [21:58.000 --> 22:04.480] Well, also, they've listed me in another type of business that I'm not even in is wood flooring, [22:04.480 --> 22:09.080] and they've given my name and address and that, too. [22:09.080 --> 22:12.120] How did they list your name as being in wood flooring? [22:12.120 --> 22:17.160] Well, I guess it's next to, must be next to tile flooring or something, but they've got [22:17.160 --> 22:20.360] me in two places, wood flooring and tile flooring. [22:20.360 --> 22:24.360] Well, see, the thing is, they're not actually classifying your business. [22:24.360 --> 22:31.600] What they're doing is they're actually helping you, because they are putting, basically, [22:31.600 --> 22:38.800] they're leading people who use certain search terms to your information, so if people put [22:38.800 --> 22:43.920] any different combination of what's called keywords or search words, wood flooring, tile [22:43.920 --> 22:50.080] flooring, you know, clean floors, I mean, it could be any number of things, they're [22:50.080 --> 22:55.880] actually helping you, because somebody who may think they want a wood floor may do a [22:55.880 --> 23:00.280] search on Google for wood flooring, all right, and they may come across your information [23:00.280 --> 23:05.720] and call you, and you may convince them to put in a tile floor instead, okay? [23:05.720 --> 23:07.640] They're not really doing you any damage. [23:07.640 --> 23:10.200] They're actually helping to bring customers to you. [23:10.200 --> 23:14.200] Yeah, the only thing I didn't like was the fact that they put my address, which I didn't, [23:14.200 --> 23:15.200] you know, give them permission. [23:15.200 --> 23:18.000] But what I'm saying is they didn't put your address. [23:18.000 --> 23:23.200] They got your address from somewhere else where you have already submitted it into the [23:23.200 --> 23:30.080] public, and that's why I suggest to people that they get a private PO box, a private [23:30.080 --> 23:36.400] mailing box address, which businesses, a lot of businesses offer this service. [23:36.400 --> 23:42.920] Planet K offers this service here in Austin, and I've got one at Planet K, and it's actually [23:42.920 --> 23:48.560] a PO box, but it's not at the post office, so you get a street address. [23:48.560 --> 23:55.320] It's at Planet K, it's 1516 South Lamar, number 112, okay, so it's actually a street address, [23:55.320 --> 23:58.920] and so you get to receive packages, like from FedEx and UPS. [23:58.920 --> 24:04.600] FedEx and UPS will not deliver it to a PO box, and so there's also a lot of other entities [24:04.600 --> 24:10.320] that when they ask for your address, they won't accept a PO box, all right, like a driver's [24:10.320 --> 24:11.320] license. [24:11.320 --> 24:15.560] You have to give them a street address, all right, there's a lot of things, credit cards, [24:15.560 --> 24:22.920] things that when you're dealing in the world, a lot of entities want a street address. [24:22.920 --> 24:28.800] So you get a private box like that, it's got a street address, and use that for everything, [24:28.800 --> 24:33.320] and then you get your mail there, and that way you get to protect your personal address, [24:33.320 --> 24:37.920] because if you're going to use your personal address on business documents that are a matter [24:37.920 --> 24:43.560] of public record, then it's out there, you can't, you have no cause of action to complain [24:43.560 --> 24:48.320] that Google has done anything wrong, because you are the one that listed that address in [24:48.320 --> 24:49.320] the public. [24:49.320 --> 24:50.320] Do you see what I'm saying? [24:50.320 --> 24:55.800] Yeah, I guess I just didn't know Google could put an ad in without even my knowledge or [24:55.800 --> 24:56.800] consent. [24:56.800 --> 25:03.160] I don't think they put an ad in, it's a search, like I don't know what website this person [25:03.160 --> 25:08.680] found that had your information, but Google doesn't put up ads. [25:08.680 --> 25:17.920] Somebody probably did a search either on your name or your business or something, and hit [25:17.920 --> 25:26.160] some other website, okay, to find that information, like maybe a telephone, you know, listing [25:26.160 --> 25:34.160] of business addresses in the area that fall under those certain keywords, so you may want [25:34.160 --> 25:39.680] to find out just like what exactly is being listed. [25:39.680 --> 25:45.040] See, Google, like I said, they don't put up any websites, they don't put up any ads, they're [25:45.040 --> 25:50.280] a search engine for other websites on the Internet, and so if someone did a search for [25:50.280 --> 25:55.840] your business name or your name, what's going to happen is Google is going to list websites [25:55.840 --> 26:00.800] that have, that come up under those search terms, so they don't actually put up anything. [26:00.800 --> 26:06.680] So you may want to get on Google yourself and type in your name and your business name [26:06.680 --> 26:12.440] in the search engine to see what comes up to find out who's got what information on [26:12.440 --> 26:16.960] you that they're listing on their various websites, and if it's information that you've [26:16.960 --> 26:21.520] already submitted into the public record, then you can't, you don't have a cause of [26:21.520 --> 26:23.400] action against anyone. [26:23.400 --> 26:24.400] Okay. [26:24.400 --> 26:26.000] Does that make sense? [26:26.000 --> 26:30.600] Yeah, I think it does, and I appreciate your help, Dan. [26:30.600 --> 26:35.440] Okay, yes, I just wanted to make it clear, you know, about how the Internet works and [26:35.440 --> 26:42.400] how search engines work, okay, and they don't actually put up anything. [26:42.400 --> 26:51.480] They function to help people find what other people have put up on websites, okay, so whatever [26:51.480 --> 26:58.680] this person found on you, they got from a website that Google found, okay, so you need [26:58.680 --> 27:04.560] to maybe figure out what website has that information on it, and you could possibly [27:04.560 --> 27:07.720] dispute it with that entity, okay? [27:07.720 --> 27:08.720] Okay. [27:08.720 --> 27:09.720] All right. [27:09.720 --> 27:12.920] I've got one other question, it's kind of brief, if you don't mind. [27:12.920 --> 27:15.240] Okay, sure, go ahead. [27:15.240 --> 27:19.000] Recently the Better Business Bureau has been calling me to try to join their organization [27:19.000 --> 27:26.640] and I've always refused, and one of the people that I talked with said that they graded different [27:26.640 --> 27:31.960] companies and they told me they gave me a B plus, and I asked them how they arrived [27:31.960 --> 27:37.280] at that, and they said, well, you've only been in business so long, and they had the [27:37.280 --> 27:42.200] amount of time I was in business is seven years, and I've been in business over 20 years. [27:42.200 --> 27:43.200] Okay, well that's... [27:43.200 --> 27:48.440] And I told them I've never had one complaint in all the years I've been doing, Tyle, and [27:48.440 --> 27:53.280] you know, I shouldn't have a B, I should have an A plus or whatever if you're going to grade [27:53.280 --> 27:56.560] it and people are going to call you and you're going to give people grades. [27:56.560 --> 28:02.600] Well, if they're giving you a grade on a piece of false information, then that's something [28:02.600 --> 28:04.320] that you could correct. [28:04.320 --> 28:11.440] Yeah, that's what I thought, but I just, you know, other than call them and ask them to [28:11.440 --> 28:14.200] change the grade, I don't know what else I could do. [28:14.200 --> 28:19.680] Okay, well, it's not, I mean, they're doing you damage if they're listing that you've [28:19.680 --> 28:23.040] only been in business for seven years and you've actually been in business for 20 years. [28:23.040 --> 28:29.760] Now, I've never dealt with the Better Business Association, so maybe Eddie, Randy, do you [28:29.760 --> 28:33.240] guys have any suggestions on how Steve can handle this situation? [28:33.240 --> 28:38.400] Because I don't think that it's right that the Better Business Association is listing [28:38.400 --> 28:43.200] incorrect information and using that to give him a detrimental grade. [28:43.200 --> 28:49.000] Well, actually, the BBB that I do around here, I mean, I've never, in the years that I've [28:49.000 --> 28:53.080] been doing business, I get plaques from them and everything else because in all the time [28:53.080 --> 28:57.200] I've done business, I've never had a single customer complaint. [28:57.200 --> 29:02.600] The rating that they're saying they give you, everything the BBB does is based upon information [29:02.600 --> 29:07.600] gotten from the public, not information they construct themselves. [29:07.600 --> 29:14.000] So it's possible that somebody is giving them incorrect information, they may not be referring [29:14.000 --> 29:18.520] to you, but for whatever reason it's being attached to you. [29:18.520 --> 29:22.400] You just need to get them to correct whatever information they've got, find out what it [29:22.400 --> 29:28.800] is and where it was obtained because normally the BBB will send you information regarding [29:28.800 --> 29:36.200] any complaint or anything sent to them regarding you, especially if it's a complaint because [29:36.200 --> 29:40.720] they have to give you time to rebut the complaint and offer a response. [29:40.720 --> 29:42.160] Right, yes. [29:42.160 --> 29:48.760] So to my knowledge, if they're telling you that you have such and such rating, then there's [29:48.760 --> 29:53.600] probably some other entity out there that has the same name or a very similar name to [29:53.600 --> 29:58.160] yours and they just made a presumption when you told them who you were that you are one [29:58.160 --> 30:01.160] and the same. [30:01.160 --> 30:05.760] Right and send them documentation that you have to prove that you've been in business [30:05.760 --> 30:09.440] for 20 years and make them correct that. [30:09.440 --> 30:10.480] And I'm sure they will. [30:10.480 --> 30:15.600] You probably will not have to take them to court or file anything, you probably will [30:15.600 --> 30:18.120] not have to take any action against them. [30:18.120 --> 30:22.000] I'm sure that if you can just send them documentation to show you've been in business for 20 years, [30:22.000 --> 30:24.280] they'll correct the information and change the rating. [30:24.280 --> 30:29.240] Yes, that's kind of what I figured I'd probably do. [30:29.240 --> 30:38.600] And you may want to join the Better Business, okay, and it would serve you to get yourself [30:38.600 --> 30:42.040] a little knowledge concerning the Internet and things like that. [30:42.040 --> 30:43.920] You might want to post a website. [30:43.920 --> 30:50.560] It will help drive traffic to your business so that you can understand how this works [30:50.560 --> 30:56.180] and how people are finding you and correct any faulty information that may be out there [30:56.180 --> 30:58.600] concerning your business or yourself, okay? [30:58.600 --> 30:59.600] That sounds good. [30:59.600 --> 31:01.280] Well, I sure appreciate your help. [31:01.280 --> 31:03.280] Okay, you're welcome, Steve. [31:03.280 --> 31:04.280] Okay, bye. [31:04.280 --> 31:05.280] All right, bye-bye. [31:05.280 --> 31:07.680] Okay, we're going to move on to other callers now. [31:07.680 --> 31:10.080] We're going to go to Christian in Texas. [31:10.080 --> 31:11.720] Christian, thanks for calling in. [31:11.720 --> 31:12.720] What's on your mind tonight? [31:12.720 --> 31:13.720] Hello. [31:13.720 --> 31:14.720] How are you doing, Randy? [31:14.720 --> 31:15.720] Deborah? [31:15.720 --> 31:16.720] Doing well. [31:16.720 --> 31:20.960] First of all, I'd like to make a correction. [31:20.960 --> 31:21.960] I'm not in Texas. [31:21.960 --> 31:24.960] I'm in Florida. [31:24.960 --> 31:25.960] All right. [31:25.960 --> 31:26.960] Oh. [31:26.960 --> 31:27.960] I'm in Florida. [31:27.960 --> 31:30.960] If we'd have known that, we wouldn't even have taken your call. [31:30.960 --> 31:31.960] Oh, dear. [31:31.960 --> 31:32.960] Okay, just kidding. [31:32.960 --> 31:37.960] Florida is the southernmost northern state. [31:37.960 --> 31:38.960] Okay. [31:38.960 --> 31:42.600] We have a little bit of sunshine here. [31:42.600 --> 31:45.200] We speak your accent. [31:45.200 --> 31:50.280] I used to live up north, so I can understand your strange foreign Yankee accent. [31:50.280 --> 31:51.280] So did I. [31:51.280 --> 31:52.280] I'm from Ohio originally. [31:52.280 --> 31:54.960] Okay, enough abusing our guests. [31:54.960 --> 31:55.960] All right. [31:55.960 --> 32:06.360] Title 16, USC 2432, in the definition of vessels of the United States under 10, it says that [32:06.360 --> 32:13.520] the term vessel of the United States means under A3, a citizen or national of the United [32:13.520 --> 32:14.520] States. [32:14.520 --> 32:19.640] That's the problem is that we're not... [32:19.640 --> 32:24.440] ... territory or commonwealth or possessions of the United States and any state or political [32:24.440 --> 32:26.920] subdivision thereof. [32:26.920 --> 32:33.640] Yeah, but the thing is, is we're not citizens of the United States. [32:33.640 --> 32:38.200] But the straw man is. [32:38.200 --> 32:39.200] Based on what criteria? [32:39.200 --> 32:42.200] The old man's name is. [32:42.200 --> 32:48.320] He is the vessel. [32:48.320 --> 32:57.880] Okay, wait, simply because he's the vessel, what does that mean in terms of maritime? [32:57.880 --> 33:01.320] Well, there's your tie in to the maritime. [33:01.320 --> 33:02.320] No. [33:02.320 --> 33:08.680] Randy's saying the case law says the water is what invokes the jurisdiction of maritime, [33:08.680 --> 33:10.520] not just the vessel. [33:10.520 --> 33:15.360] And there's case laws showing about dry docks and things like that where they could not [33:15.360 --> 33:16.920] invoke maritime law. [33:16.920 --> 33:20.000] Yeah, it's navigable waters. [33:20.000 --> 33:26.440] Yeah, that's the misconception, but I don't think it's a problem. [33:26.440 --> 33:31.960] The only thing about that maritime lien is that it would stand first in line first in [33:31.960 --> 33:32.960] time. [33:32.960 --> 33:34.680] That's really the only advantage. [33:34.680 --> 33:43.040] Yeah, nobody's really trying to execute the lien. [33:43.040 --> 33:47.720] It's more fun to have the lien there causing them major grief. [33:47.720 --> 33:54.280] You try to execute that lien and you're going to have to pay court costs and spend time [33:54.280 --> 33:58.200] and money and it's going to be expensive. [33:58.200 --> 34:02.240] On the other hand, if you leave it there, the other side, if they want to get rid of [34:02.240 --> 34:04.840] the lien, it's going to cost them time and money. [34:04.840 --> 34:06.120] It's going to be expensive. [34:06.120 --> 34:12.480] See, the thing is, I don't really understand why it's a big deal to have your lien first [34:12.480 --> 34:17.880] in line anyway because if there are other liens in line, they're still going to eventually [34:17.880 --> 34:25.360] have to deal with yours and if it's so huge that it eats up more of their bond, if it's [34:25.360 --> 34:31.880] a larger amount than what the bond is worth, it's still going to cause enormous problems [34:31.880 --> 34:34.920] for them even if they take care of the other liens first. [34:34.920 --> 34:41.480] I really don't see what the real advantage is of having your lien first in line because [34:41.480 --> 34:42.480] it's still going to be there. [34:42.480 --> 34:44.480] They're still going to have to deal with it no matter what. [34:44.480 --> 34:47.840] Okay, let's go to an admulty jurisdiction case. [34:47.840 --> 34:51.240] Let's go to North Pacific Steamship versus Hall Brothers Marine. [34:51.240 --> 34:52.240] What year? [34:52.240 --> 34:56.480] That the repairs at Dry Dock count as admulty claims. [34:56.480 --> 35:00.640] It does not matter if Dry Dock or a float. [35:00.640 --> 35:08.240] Whoa, I got another one that says absolutely the opposite. [35:08.240 --> 35:10.920] Let me go to admulty. [35:10.920 --> 35:15.720] He's killed working on a ship in Dry Dock. [35:15.720 --> 35:25.720] The estate sues under maritime and the court held that since it was in Dry Dock, it's not [35:25.720 --> 35:27.760] salty enough. [35:27.760 --> 35:29.920] It wasn't on the navigable waters. [35:29.920 --> 35:31.960] It's not water enough. [35:31.960 --> 35:32.960] It's different. [35:32.960 --> 35:35.760] There is that Dry Dock count as admulty claims. [35:35.760 --> 35:38.360] It does not matter if Dry Dock or a float. [35:38.360 --> 35:40.800] Okay, give me the citation. [35:40.800 --> 35:41.800] It's maritime. [35:41.800 --> 35:42.800] It's not maritime. [35:42.800 --> 35:45.200] Give me the citation so I can pull it up. [35:45.200 --> 35:47.320] The airing ship is maritime. [35:47.320 --> 35:51.920] Once a ship is launched, issues about ship are maritime. [35:51.920 --> 35:53.880] This ship wasn't launched. [35:53.880 --> 35:56.800] Was that Cossack versus United Fruit? [35:56.800 --> 35:59.840] What is the citation you have? [35:59.840 --> 36:01.840] Okay, North Pacific Steamship. [36:01.840 --> 36:07.680] No, not the name, the number citation. [36:07.680 --> 36:08.680] That's all I've got right here. [36:08.680 --> 36:10.880] I'd have to check it out further. [36:10.880 --> 36:11.880] North Pacific Fruit? [36:11.880 --> 36:12.880] Yes, North Pacific Steamship. [36:12.880 --> 36:13.880] Wait a minute. [36:13.880 --> 36:14.880] North Pacific Steamship? [36:14.880 --> 36:15.880] Yes, three words. [36:15.880 --> 36:16.880] Who was the other entity? [36:16.880 --> 36:17.880] Versus Hall Brothers Marine. [36:17.880 --> 36:18.880] Hall Brothers, okay. [36:18.880 --> 36:19.880] Do you know what year that was? [36:19.880 --> 36:20.880] 1919. [36:20.880 --> 36:21.880] Too old. [36:21.880 --> 36:22.880] All right, let's- [36:22.880 --> 36:23.880] We need to have newer cases. [36:23.880 --> 36:43.240] Post-1966 would be preferable. [36:43.240 --> 36:44.240] Okay. [36:44.240 --> 36:59.800] Okay, I will look that up because I've got some more recent case law that seems to change [36:59.800 --> 37:10.640] that and they're saying that if it's not on the navigable waters, maritime is not invoked. [37:10.640 --> 37:11.640] Okay. [37:11.640 --> 37:14.360] Now, here's where we come into the Commerce Clause. [37:14.360 --> 37:19.600] Are you familiar with the Commerce Clause? [37:19.600 --> 37:20.600] I'm not sure which- [37:20.600 --> 37:23.320] Are you talking about the Interstate Commerce Clause? [37:23.320 --> 37:24.320] Yes. [37:24.320 --> 37:25.320] Yes. [37:25.320 --> 37:26.320] Oh, okay. [37:26.320 --> 37:27.320] Yes. [37:27.320 --> 37:28.320] Okay. [37:28.320 --> 37:29.320] Go. [37:29.320 --> 37:34.960] Well, it went off kind of like the top of my head here now. [37:34.960 --> 37:42.160] Your interpretation of the Commerce Clause is now broadly interpreted to be all navigable [37:42.160 --> 37:49.960] waters but it's carrying it into carriage of the goods and now really all your roads [37:49.960 --> 37:51.840] have become navigable waters- [37:51.840 --> 37:52.840] No. [37:52.840 --> 37:53.840] No. [37:53.840 --> 37:54.840] That is- [37:54.840 --> 37:55.840] Tidal. [37:55.840 --> 37:56.840] A misreading of the case. [37:56.840 --> 38:04.720] In the case, it only applies if the goods were shipped from the sea and then part of [38:04.720 --> 38:07.240] the destination was shipped over land. [38:07.240 --> 38:15.960] Okay, but now under the Commerce Clause, the states can regulate manufacturing, production, [38:15.960 --> 38:21.280] but the transportation of goods is coming under the broad interpretation of the Commerce [38:21.280 --> 38:22.280] Clause. [38:22.280 --> 38:23.280] Okay. [38:23.280 --> 38:27.960] And that's why they call companies that ship goods, shipping companies. [38:27.960 --> 38:28.960] Yeah. [38:28.960 --> 38:29.960] Transportation. [38:29.960 --> 38:35.720] Well, they also, but the legal term they use is not shipping companies. [38:35.720 --> 38:36.720] It's common carrier. [38:36.720 --> 38:42.920] Common carriers under the carriage of the Commerce Clause. [38:42.920 --> 38:43.920] Okay. [38:43.920 --> 38:48.360] What I got is a bunch of stuff here. [38:48.360 --> 38:52.600] I'll put it all together and send it to you and review it and then we'll talk about it [38:52.600 --> 38:53.600] another time. [38:53.600 --> 38:54.600] Okay. [38:54.600 --> 38:55.600] I've got the case here. [38:55.600 --> 39:01.520] The question in dispute is whether a claim thus grounded is a subject of Admiralty jurisdictions. [39:01.520 --> 39:07.480] Appellant's contention being that the contract, or at least an essential part of it, was for [39:07.480 --> 39:13.480] the use by appellant of Livellint's Marine Railway, shipyard, equipment, and laborers [39:13.480 --> 39:18.680] in such manner as appellant might choose to employ them, and that it called for the performance [39:18.680 --> 39:23.140] of no marine service by Livellint. [39:23.140 --> 39:28.760] The Constitution, Article 3, Section 2, extends the judicial power of the United States to [39:28.760 --> 39:31.440] all cases of Admiralty and maritime jurisdiction. [39:31.440 --> 39:37.040] The legislation enacted by Congress for carrying the power into execution has been equally [39:37.040 --> 39:38.040] extensive. [39:38.040 --> 39:46.080] Article Act of September 24th, 1789. [39:46.080 --> 39:51.400] In defining the bounds of civil jurisdiction, the court from an early day has rejected those [39:51.400 --> 39:57.640] trammels that arose from the restrictive statutes and judicial prohibitions of England. [39:57.640 --> 40:04.120] It must be taken to be settled law of this court that while the civil jurisdiction of [40:04.120 --> 40:09.760] the Admiralty in matters of tort depends on locality, rather the tort was committed upon [40:09.760 --> 40:11.800] navigable waters. [40:11.800 --> 40:17.120] In matter of contract, it depends upon the subject matter, the nature and character of [40:17.120 --> 40:22.880] the contract, and that the English rule which concedes jurisdiction with few exceptions [40:22.880 --> 40:30.040] only to contracts made to be executed upon the navigable waters is inadmissible in the [40:30.040 --> 40:35.280] true criterion being the nature of the contract is to whether it have reference to maritime [40:35.280 --> 40:37.800] service or maritime transactions. [40:37.800 --> 40:46.040] It always goes to transport on navigable waters. [40:46.040 --> 40:49.040] That's where the hinge is on the navigable waters definition. [40:49.040 --> 40:50.680] Yes, always. [40:50.680 --> 40:51.680] Every case. [40:51.680 --> 40:54.280] This is the case you called up. [40:54.280 --> 40:56.320] They always go to navigable waters. [40:56.320 --> 40:58.680] You can't get away from that. [40:58.680 --> 41:03.240] And calling a courthouse a vessel won't get it done. [41:03.240 --> 41:09.840] Calling just because it's a vessel makes no difference. [41:09.840 --> 41:11.200] It has to be navigable waters. [41:11.200 --> 41:13.800] I can't find another way to get to it. [41:13.800 --> 41:14.800] You're right. [41:14.800 --> 41:15.800] Yeah. [41:15.800 --> 41:16.800] I'd like to, frankly. [41:16.800 --> 41:21.160] It brings in the highways under the navigable waters. [41:21.160 --> 41:25.680] No, highways are not navigable waters. [41:25.680 --> 41:26.880] This is navigable water. [41:26.880 --> 41:27.880] They mean water. [41:27.880 --> 41:29.080] They don't mean road. [41:29.080 --> 41:30.960] They don't mean hard surface. [41:30.960 --> 41:31.960] They mean water. [41:31.960 --> 41:35.080] Okay, definition of the term is commerce. [41:35.080 --> 41:39.360] Entomology of the word commerce carries the primary meaning of traffic, transportation [41:39.360 --> 41:42.000] of goods across eight lines per sail. [41:42.000 --> 41:47.400] This possible narrow constitutional conception was rejected by Chief Justice Marshall in [41:47.400 --> 41:55.040] Gibbons versus Ogden, which remains one of the cases dealing with the Constitution. [41:55.040 --> 42:01.520] Jumping down farther, it says, where he's quoted, the subject to be regulated is commerce. [42:01.520 --> 42:08.240] Justice wrote, the counsel for the appellate would be limited to a traffic to buy and selling [42:08.240 --> 42:14.280] or the interchange of commodities and do not admit that the comprehends navigation. [42:14.280 --> 42:21.880] This would restrict a general term applicable to many objects to one of its significations. [42:21.880 --> 42:25.400] Commerce undoubtedly is traffic, but it is something more. [42:25.400 --> 42:31.120] It is intercourse, and the term therefore includes navigation. [42:31.120 --> 42:36.880] The conclusion that Marshall also supported by appeal to general understanding to the [42:36.880 --> 42:43.040] prohibition in Article 1, Section 9, against any preference to being given to any regulation [42:43.040 --> 42:49.160] of commerce or revenue to the ports of one state over another and to admit that trade [42:49.160 --> 42:51.360] power of Congress to impose embargoes. [42:51.360 --> 42:58.960] Okay, well that goes to if you're in a ship and you're passing down the coast and you [42:58.960 --> 43:05.400] essentially cross where a state line would be if it extended out over the water, then [43:05.400 --> 43:13.660] you're in interstate commerce, but it still doesn't bring, it still doesn't bring maritime [43:13.660 --> 43:16.640] onto the land, and that's what I can't find. [43:16.640 --> 43:20.440] Well, we're not connecting the dots. [43:20.440 --> 43:23.640] That's true. [43:23.640 --> 43:24.640] That's always been my problem. [43:24.640 --> 43:29.640] There's dots that never got collected. [43:29.640 --> 43:30.640] Go ahead. [43:30.640 --> 43:31.640] I stepped on you. [43:31.640 --> 43:32.640] Okay. [43:32.640 --> 43:33.640] Wait a minute. [43:33.640 --> 43:34.640] Listen. [43:34.640 --> 43:35.640] Listen. [43:35.640 --> 43:36.640] We're going to break, guys. [43:36.640 --> 43:37.640] We're going to break. [43:37.640 --> 43:38.640] Stay there, Christian. [43:38.640 --> 43:39.640] Okay? [43:39.640 --> 43:40.640] And other callers, if you'd like to call in and join in the discussion. [43:40.640 --> 43:45.640] If you have other questions, 512-646-1984. [43:45.640 --> 43:55.640] We'll be right back. 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[44:35.680 --> 44:40.560] There is no better time than now to have micro plant powder on your shelf or in your storage [44:40.560 --> 44:41.560] shelter. [44:41.560 --> 44:44.880] And with an unlimited shelf life, you can store it anywhere. [44:44.880 --> 44:50.160] Call 908-691-2608 or visit hempusa.org. [44:50.160 --> 44:52.240] It's a great way to change your life. [44:52.240 --> 45:21.160] So call 908-691-2608 or visit us at hempusa.org today. [45:22.240 --> 45:42.960] Okay, we are back. [45:42.960 --> 45:44.960] Rule of law. [45:44.960 --> 45:53.240] We're speaking with Christian right now in Florida and we're discussing the issue of [45:53.240 --> 45:54.240] maritime law. [45:54.240 --> 45:56.120] All right, Christian, you were speaking. [45:56.120 --> 45:57.120] Please go ahead. [45:57.120 --> 45:58.120] And also, wait a minute. [45:58.120 --> 45:59.280] Before you go, I want to make an announcement. [45:59.280 --> 46:04.760] Our guest C did call in just a little while ago and she had unmitigating circumstances [46:04.760 --> 46:08.800] that prevented her from coming on the air tonight, but she is going to be our guest [46:08.800 --> 46:11.720] on Monday evening, straight up 8 p.m. [46:11.720 --> 46:15.840] So listeners, please listen Monday evening for our guest C and she will be explaining [46:15.840 --> 46:18.840] the process of revocation of power of attorney. [46:18.840 --> 46:19.840] Very, very important. [46:19.840 --> 46:20.840] Okay, so go ahead, Christian. [46:20.840 --> 46:21.840] Yeah, Marshall continued on. [46:21.840 --> 46:30.360] He was talking about qualifying the word intercourse then with the word commercial. [46:30.360 --> 46:34.320] And that's retaining the element of monetary transactions. [46:34.320 --> 46:35.320] But he goes on down far. [46:35.320 --> 46:42.080] He says that interstate commerce covers every species of movement of persons and things, [46:42.080 --> 46:45.480] whether for profit or not, across state lines. [46:45.480 --> 46:50.440] And every species of communication, every species of transmission of intelligence, whether [46:50.440 --> 46:56.560] for commercial purposes or otherwise, every species of commercial negotiation which will [46:56.560 --> 47:03.960] involve sooner or later an act of transportation of persons or things or the flow of services [47:03.960 --> 47:06.360] or power across state lines. [47:06.360 --> 47:07.360] Flow? [47:07.360 --> 47:10.040] I wonder why he used that word. [47:10.040 --> 47:12.160] Where are you getting this? [47:12.160 --> 47:14.200] I'm quoting from Marshall. [47:14.200 --> 47:20.800] Okay, but what you're quoting still speaks of interstate commerce and the commerce clause, [47:20.800 --> 47:21.800] not of maritime. [47:21.800 --> 47:28.120] Well, it comes in to tie in down farther yet and I don't know how to review all this and [47:28.120 --> 47:29.680] give it all to you. [47:29.680 --> 47:38.880] Okay, now I've been looking for a way to pull the maritime onto the land, but I haven't [47:38.880 --> 47:39.880] found it. [47:39.880 --> 47:40.880] I've been watching this document. [47:40.880 --> 47:42.200] I'm really unfamiliar with it right now. [47:42.200 --> 47:48.480] I'm just kind of like reviewing it for what I can pull out from what I remember. [47:48.480 --> 47:58.880] And here, the case you brought up, I shepherded it and it was criticized and questioned in [47:58.880 --> 48:00.880] this one case. [48:00.880 --> 48:07.760] The only question is whether the transaction relates to ships and vessels, masters and [48:07.760 --> 48:12.560] mariners as the agents of commerce. [48:12.560 --> 48:15.520] That's how you get, that's how they're saying you get to maritime. [48:15.520 --> 48:20.960] As matters of contract, it depends on the subject matter, the nature and character of [48:20.960 --> 48:26.120] the contract, the true criteria being of the contractors to whether it have reference to [48:26.120 --> 48:29.160] maritime service or maritime transactions. [48:29.160 --> 48:34.600] So, what they're doing is they're tying maritime into commerce here. [48:34.600 --> 48:41.960] To invoke admiralty jurisdiction, the contract must be wholly maritime in nature and relate [48:41.960 --> 48:50.160] to trade and commerce upon navigable waters, Ingasol, Machining, the Bodina. [48:50.160 --> 48:53.960] The navigable waters is just strictly H2O. [48:53.960 --> 48:56.360] This is 1987. [48:56.360 --> 49:02.080] Navigable waters is anything which can be traversed by a vessel such as a ship or some [49:02.080 --> 49:05.040] other mode of transporting goods. [49:05.040 --> 49:06.040] That's navigable waters. [49:06.040 --> 49:10.560] It didn't have to be, it could be landlocked and it didn't reflect anything. [49:10.560 --> 49:11.640] That's not navigable. [49:11.640 --> 49:14.440] You can't move from one body of water to the next. [49:14.440 --> 49:16.840] That's what makes it navigable. [49:16.840 --> 49:22.080] A river is navigable because it travels and traverses more than one location. [49:22.080 --> 49:27.960] Yeah, but a lake is not navigable unless it's part of a river system. [49:27.960 --> 49:30.080] The Great Lakes are navigable. [49:30.080 --> 49:34.880] Where Marshall is talking about it, among the several states was not one which would [49:34.880 --> 49:41.280] probably have been selected to indicate the completely interior traffic of a state. [49:41.280 --> 49:48.640] It must be therefore have been selected to mark the exclusive internal commercial commerce [49:48.640 --> 49:49.640] of the state. [49:49.640 --> 49:55.360] While, of course, the phrase may very properly be restricted that commerce which concerns [49:55.360 --> 50:01.640] more than states that one, it is obvious that commerce among the states cannot stop at the [50:01.640 --> 50:06.640] exterior boundary line of each state but may be introduced into the interior. [50:06.640 --> 50:09.160] Yeah, but that just goes to commerce. [50:09.160 --> 50:10.800] We're still talking commerce. [50:10.800 --> 50:16.600] We're not talking maritime and what you're talking of is the distinction between interstate [50:16.600 --> 50:20.480] commerce and intrastate commerce. [50:20.480 --> 50:24.680] It becomes interstate once it leaves one state for another. [50:24.680 --> 50:30.240] If it remains for whatever reason entirely within the state, it's intrastate. [50:30.240 --> 50:33.040] None of that speaks directly to maritime. [50:33.040 --> 50:38.240] All you're dealing with is the commercial side of commerce. [50:38.240 --> 50:39.240] That's all. [50:39.240 --> 50:41.200] That's all you're talking about so far. [50:41.200 --> 50:46.320] Well, the article goes on. [50:46.320 --> 50:48.520] It's quite lengthy. [50:48.520 --> 50:51.040] But do you have the word maritime in there anywhere? [50:51.040 --> 50:56.640] Well, I haven't reviewed the whole document again so it's not fresh in my mind. [50:56.640 --> 50:57.640] This is off point. [50:57.640 --> 50:58.640] This is not... [50:58.640 --> 51:06.280] It's taken us to commerce, sure, but commerce doesn't necessarily take us to maritime. [51:06.280 --> 51:14.080] This is a shepardized new case and it's very clear here. [51:14.080 --> 51:22.440] To invoke maritime jurisdiction, the contract must be wholly maritime in nature and relate [51:22.440 --> 51:27.800] to trade and commerce upon navigable waters. [51:27.800 --> 51:37.200] Every case I read about maritime has that in common, navigable waters. [51:37.200 --> 51:41.400] Don't say anything about the vessel. [51:41.400 --> 51:44.200] It's the same, that I can't get away from. [51:44.200 --> 51:50.000] Well, we just gave a definition that all persons, all US persons are vessels. [51:50.000 --> 51:51.000] And I just read earlier... [51:51.000 --> 51:52.000] It's not the vessel. [51:52.000 --> 51:53.000] It's not the vessel. [51:53.000 --> 51:54.000] It's the water. [51:54.000 --> 52:00.120] For commercial persons or otherwise, every species of commercial negotiation, which will [52:00.120 --> 52:05.800] involve sooner or later an act of transportation of person, and a person is a United States [52:05.800 --> 52:06.800] citizen. [52:06.800 --> 52:13.680] So, transportation of persons or things or the flow of services or power across the state [52:13.680 --> 52:14.680] line. [52:14.680 --> 52:15.680] That's just state commerce. [52:15.680 --> 52:21.720] But what Randy is saying is that it's not the vessel that invokes the maritime jurisdiction. [52:21.720 --> 52:26.120] It's the navigable water that invokes the maritime jurisdiction. [52:26.120 --> 52:27.120] That's the case law. [52:27.120 --> 52:31.640] So, just because there's a vessel, it doesn't mean that it necessarily invokes navigable [52:31.640 --> 52:32.640] water. [52:32.640 --> 52:33.640] I mean, it invokes maritime law. [52:33.640 --> 52:36.800] It has to be associated with the navigable water part. [52:36.800 --> 52:37.800] Yeah. [52:37.800 --> 52:41.200] If the queen invited you to high tea, you don't drink the teapot. [52:41.200 --> 52:42.960] You drink the tea that's in it. [52:42.960 --> 52:47.000] The teapot's the vessel, but it's got nothing to do with what you're there for. [52:47.000 --> 52:51.600] Well, is the teapot not filled with water? [52:51.600 --> 52:55.000] The teapot's filled with the tea was what you were invited to share. [52:55.000 --> 52:57.240] Yeah, but see... [52:57.240 --> 53:03.640] We need to have a little bit more stronger case law here that actually links and ties [53:03.640 --> 53:07.160] commerce to the maritime a little bit more. [53:07.160 --> 53:09.840] How much more clear does it have to get? [53:09.840 --> 53:18.200] To invoke admiralty jurisdiction, the contract must be wholly maritime in nature and relate [53:18.200 --> 53:22.320] to trade and commerce upon navigable water. [53:22.320 --> 53:23.880] Navigable. [53:23.880 --> 53:25.800] How much more clear can it get? [53:25.800 --> 53:27.600] What year is that case, Randy? [53:27.600 --> 53:28.600] 1987. [53:28.600 --> 53:34.400] Okay, so any other case that's previous to that, we can't even take it into consideration. [53:34.400 --> 53:40.720] We have to shepardize the case law that we are using or trying to use to back up our [53:40.720 --> 53:41.720] position. [53:41.720 --> 53:44.040] So you don't like a 1919 case? [53:44.040 --> 53:45.040] No. [53:45.040 --> 53:46.040] You can't use it. [53:46.040 --> 53:48.040] That's what shepardizing means because... [53:48.040 --> 53:50.200] It's okay if it's still good. [53:50.200 --> 53:54.320] If it's still good, but the point is, this is what shepardizing is. [53:54.320 --> 53:57.240] This is legal research, okay? [53:57.240 --> 53:59.160] Cases get overturned, okay? [53:59.160 --> 54:06.440] We can't pull out a case that has been overturned and try to claim it as a firm basis in law [54:06.440 --> 54:11.080] to support our position because if the cases are overturned, it's no longer good. [54:11.080 --> 54:12.720] That's what shepardizing means. [54:12.720 --> 54:18.920] You have to look up the cases that are related to it to see if it's been overturned or not. [54:18.920 --> 54:26.440] It sounds to me like the case that Randy is quoting has overturned these other cases. [54:26.440 --> 54:31.640] That's why it's not really that good of an idea to use old cases because most likely [54:31.640 --> 54:35.440] they don't apply anymore, but at the least if you are going to use an old case, you better [54:35.440 --> 54:36.440] shepardize it. [54:36.440 --> 54:40.800] You better shepardize every case that you use to back up your point. [54:40.800 --> 54:48.600] Okay, here's Navigable Waters and LeBlanc versus Cleveland, 1999 case where navigable [54:48.600 --> 54:54.640] requires that the body of water be capable of supporting commercial maritime activity, [54:54.640 --> 55:04.280] now not just historically, and can have seasonably non-navigability, but if not normally navigable [55:04.280 --> 55:09.000] and just occasionally navigable, then no admiralty jurisdiction. [55:09.000 --> 55:12.680] Yes, see it? [55:12.680 --> 55:13.680] Everything goes to the water. [55:13.680 --> 55:14.680] Oh, yeah. [55:14.680 --> 55:15.680] Right. [55:15.680 --> 55:16.680] I agree with that. [55:16.680 --> 55:20.680] We just can't get around it. [55:20.680 --> 55:27.880] It frustrates me that all of these people are promoting admiralty law and some of the [55:27.880 --> 55:37.880] case law I've read on that, the states were very concerned about maritime law being applied [55:37.880 --> 55:43.320] because in the maritime you don't get a lot of your rights are just bypassed. [55:43.320 --> 55:50.080] Well, see, I don't understand why we need, I don't understand what the big deal is about [55:50.080 --> 55:57.880] wanting to invoke this maritime law anyway in regards to these liens because a regular [55:57.880 --> 56:03.320] commercial lien, to me, it's still going to have the same effect within the strategy. [56:03.320 --> 56:04.320] Why? [56:04.320 --> 56:08.560] What's the big deal about wanting to invoke maritime law so bad anyway? [56:08.560 --> 56:11.960] Can you explain what the advantage could be? [56:11.960 --> 56:15.640] I'm sorry, say that again? [56:15.640 --> 56:20.840] When you're in court under maritime law, you're under for a breach of contract. [56:20.840 --> 56:21.840] I don't understand. [56:21.840 --> 56:24.160] You can sue someone for a breach of contract. [56:24.160 --> 56:30.320] In statutory, maritime and civil has been combined. [56:30.320 --> 56:33.000] You can sue someone in the civil court for breach of contract. [56:33.000 --> 56:34.000] I don't understand. [56:34.000 --> 56:35.000] Yes. [56:35.000 --> 56:40.800] Well, let's talk about vessels here under manual versus PAW drilling and well 1998 case [56:40.800 --> 56:47.480] where the rig number three with no navigation or propulsion or crew quarters was a vessel [56:47.480 --> 56:51.560] for the purpose of admiralty jurisdiction and applicable of the Jones Act. [56:51.560 --> 56:54.960] Okay, give me that case. [56:54.960 --> 56:59.600] Manuel versus PAW drilling and well. [56:59.600 --> 57:04.000] Right, but what I'm saying is that in the civil realm, you can still sue someone for [57:04.000 --> 57:11.280] a breach of contract, so I don't see where you're getting advantage. [57:11.280 --> 57:16.160] It says to look at purposes for which the craft was constructed and business in which [57:16.160 --> 57:26.600] the craft is engaged and a vessel is an artificial contrivance, whether it has a motor or not. [57:26.600 --> 57:31.280] Okay, that still doesn't have anything to do with that part of it. [57:31.280 --> 57:34.440] No, and I'm not getting my question answered. [57:34.440 --> 57:39.400] In the civil arena, you can still sue someone for breach of contract and win with causes [57:39.400 --> 57:44.400] of action, so I still don't understand where the advantage is. [57:44.400 --> 57:50.800] Do you have a citation number on that, Manuel versus PAW? [57:50.800 --> 57:59.040] That one was, Randy, Manuel versus PAW drilling and well. [57:59.040 --> 58:01.720] Number, I need the number. [58:01.720 --> 58:09.280] I don't have the number on here, 1898K, Fifth Circuit, something. [58:09.280 --> 58:12.920] Okay, listen, we're going to break, we have an hour left. [58:12.920 --> 58:17.320] Christian, we have like about 10 other callers on the line, so we really need to move on [58:17.320 --> 58:19.320] because we've only got an hour left on the show. [58:19.320 --> 58:21.320] Okay, all right, well, good luck, guys. [58:21.320 --> 58:24.320] Okay, let's discuss this more, maybe to call in on Monday. [58:24.320 --> 58:25.320] All right. [58:25.320 --> 58:26.320] All right, sure. [58:26.320 --> 58:27.320] Okay, all right, thank you. [58:27.320 --> 58:29.320] We're going to get no hits on that at all. [58:29.320 --> 58:30.320] Okay, we'll be right back. [58:30.320 --> 58:33.520] This is the rule of law, Randy Kelton and Deborah Stevens. [58:33.520 --> 58:34.960] We got one more hour left. [58:34.960 --> 58:38.840] We're going to try jamming all your calls before the end of the show. [58:38.840 --> 58:43.440] We've got Doug from Texas, Mike from Illinois, David from Missouri, Charlie from Illinois, [58:43.440 --> 58:44.440] Dan from Texas. [58:44.440 --> 58:46.560] We're going to take all your calls, not instilling that order. [58:46.560 --> 58:50.600] We've got a first-time caller, David from Missouri, we're going to go to him next. [58:50.600 --> 58:51.600] And then we'll go to Doug. [58:51.600 --> 59:09.920] We'll be right back. [59:09.920 --> 59:32.560] All right, good luck, guys. [59:32.560 --> 59:59.960] All right, we'll be right back. [59:59.960 --> 01:00:06.960] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech [01:00:06.960 --> 01:00:12.440] talk radio at its best. [01:00:12.440 --> 01:00:40.400] All right, we'll be right back. [01:00:40.400 --> 01:01:01.440] All right, we'll be right back. [01:01:11.400 --> 01:01:24.400] I can flower field all day long, I can catch catfish from dusk till dawn, make our own whiskey [01:01:24.400 --> 01:01:34.400] and our own smoke too, ain't too many things these old boys can't do, we grow good old [01:01:34.400 --> 01:01:42.400] tomatoes and homemade wine and country boy can survive, survive, survive. [01:01:42.400 --> 01:01:47.400] Okay, we're back, Rule of Law Randy Kelton and Deborah Stevens. [01:01:47.400 --> 01:01:53.400] All right, we're going to jam in as many of your calls as we can before the end of the [01:01:53.400 --> 01:01:54.400] show. [01:01:54.400 --> 01:02:01.400] All right, we're going to go now to David in Missouri, first-time caller, and then we're [01:02:01.400 --> 01:02:04.400] going to go to Doug, who's been holding for a long time. [01:02:04.400 --> 01:02:06.400] David, thank you for calling in. [01:02:06.400 --> 01:02:07.400] What's on your mind tonight? [01:02:07.400 --> 01:02:13.400] Well, I've been sitting here listening, and I'm not a scholar by any means, but I've kind [01:02:13.400 --> 01:02:20.400] of given it some thought, and I go back to the Bible to kind of get the basics of all [01:02:20.400 --> 01:02:25.400] this stuff, and I don't know if anybody's put it all together or not, but if you do [01:02:25.400 --> 01:02:31.400] the Bible stories, not as a religion, but just as stories, God flooded the earth with [01:02:31.400 --> 01:02:33.400] water, which cleansed it. [01:02:33.400 --> 01:02:39.400] I don't know if that means anything, but when Jesus was with the disciples on the ship, [01:02:39.400 --> 01:02:46.400] out on the sea was the only place that Satan ever attacked or felt like he could attack, [01:02:46.400 --> 01:02:50.400] was out there in the water, and also when he cast the demons into the pigs, where did [01:02:50.400 --> 01:02:51.400] they run? [01:02:51.400 --> 01:03:00.400] They ran one foot into the sea, and in Revelations 10, I note that an angel has one foot in the [01:03:00.400 --> 01:03:02.400] sea and one foot on the land. [01:03:02.400 --> 01:03:07.400] Of course, this is in the end days, and he's not allowed to say why. [01:03:07.400 --> 01:03:14.400] When he's asked, what does this mean, the writer can't write down what any of it means, [01:03:14.400 --> 01:03:18.400] but I think that that's pretty interesting that he has one foot in the sea and one foot [01:03:18.400 --> 01:03:24.400] on the land, because you have two separate laws there, definitely two separate laws, [01:03:24.400 --> 01:03:28.400] the law of the land and the law of the sea, which look to be an opposite, and there they're [01:03:28.400 --> 01:03:29.400] joined. [01:03:29.400 --> 01:03:33.400] I just thought that was kind of interesting to step back and look at it from that aspect, [01:03:33.400 --> 01:03:39.400] but I do have one question, and that's about a sailor. [01:03:39.400 --> 01:03:46.400] If you're enlisted in the Navy, does that multi-law follow the sailor when he's on land, [01:03:46.400 --> 01:03:48.400] as long as he's enlisted? [01:03:48.400 --> 01:03:51.400] No. [01:03:51.400 --> 01:03:57.400] Are you saying if a sailor is on land, is he under maritime? [01:03:57.400 --> 01:03:58.400] Yes. [01:03:58.400 --> 01:04:00.400] No. [01:04:00.400 --> 01:04:03.400] But he is as long as he's on that ship. [01:04:03.400 --> 01:04:07.400] When he's on the water, then he goes into maritime. [01:04:07.400 --> 01:04:13.400] When he comes off and gets on the land and interacts on the land, he's in the statutory [01:04:13.400 --> 01:04:15.400] in equity. [01:04:15.400 --> 01:04:17.400] I mean, I'm having some problems. [01:04:17.400 --> 01:04:22.400] I have a court case myself going, which is why I was studying all this, and you do see [01:04:22.400 --> 01:04:25.400] that gold fringe on the flag, and you're wondering where the heck am I? [01:04:25.400 --> 01:04:26.400] Yeah. [01:04:26.400 --> 01:04:30.400] I mean, okay, that is misinformation that's been spread. [01:04:30.400 --> 01:04:36.400] There is nothing in law that requires a flag in the courtroom. [01:04:36.400 --> 01:04:42.400] There's nothing in law that gives a definition of the meaning of a flag in the courtroom. [01:04:42.400 --> 01:04:49.400] Have you ever seen a civil flag, though, the American civil flag? [01:04:49.400 --> 01:04:53.400] This is just a matter of style. [01:04:53.400 --> 01:04:58.400] The flag in the courtroom means absolutely nothing. [01:04:58.400 --> 01:05:04.400] Yeah, and maybe in a lot of circumstances, it's true that a flag with the gold fringe [01:05:04.400 --> 01:05:11.400] can indicate maritime or admiralty jurisdiction, but that doesn't mean that just because wherever [01:05:11.400 --> 01:05:16.400] they put a flag with gold fringe, that that means it's necessarily admiralty jurisdiction. [01:05:16.400 --> 01:05:21.400] I mean, like Randy said, there's nothing in law that even requires a flag in the court, [01:05:21.400 --> 01:05:24.400] much less defining its style. [01:05:24.400 --> 01:05:27.400] That doesn't really mean anything. [01:05:27.400 --> 01:05:30.400] Well, that's some of the stuff we're trying to learn out here. [01:05:30.400 --> 01:05:32.400] You hear so much of that stuff. [01:05:32.400 --> 01:05:34.400] For me, this is a frustration. [01:05:34.400 --> 01:05:38.400] We have a lot of information like that out there. [01:05:38.400 --> 01:05:45.400] I have a town that is condemning a building that I have, and actually, they've done it without an inspection. [01:05:45.400 --> 01:05:47.400] The building inspector pulls up. [01:05:47.400 --> 01:05:49.400] The mayor said condemn it. [01:05:49.400 --> 01:05:57.400] So the building inspector pulls up, writes a condemned thing, admits in court on a stand under oath that he never inspected it. [01:05:57.400 --> 01:05:59.400] Did you sue him? [01:05:59.400 --> 01:06:01.400] Well, I'm going to have to, yes. [01:06:01.400 --> 01:06:03.400] For misfeasance in office. [01:06:03.400 --> 01:06:09.400] They completely, I don't even think he's a legal building inspector because by their statute, [01:06:09.400 --> 01:06:15.400] it says that only a police officer or city employee can be a building inspector, [01:06:15.400 --> 01:06:22.400] and he admitted on the stand three separate times when I questioned, are you a contractor or employee? [01:06:22.400 --> 01:06:23.400] I'm a contractor. [01:06:23.400 --> 01:06:29.400] They're telling me I had to go to his house to get the papers about my inspection. [01:06:29.400 --> 01:06:33.400] If I wanted any information on the case, go down to his house. [01:06:33.400 --> 01:06:37.400] This goes to subject matter jurisdiction. [01:06:37.400 --> 01:06:45.400] If this person, it goes to Federal Crop Insurance v. Merrill. [01:06:45.400 --> 01:06:49.400] Federal Crop Insurance v. Merrill says if you deal with a public official, [01:06:49.400 --> 01:06:55.400] it is your responsibility to determine the limits of his authority. [01:06:55.400 --> 01:07:01.400] So we have a duty and a requirement because if we depend on a public official, [01:07:01.400 --> 01:07:05.400] being a public official, and he's not, we do that at our peril. [01:07:05.400 --> 01:07:16.400] So the first thing you have to do is determine whether or not this person actually has the official authority he claims to have. [01:07:16.400 --> 01:07:24.400] And if he does not, he is unable to invoke the subject matter jurisdiction of the court. [01:07:24.400 --> 01:07:27.400] You can sue the judge personally. [01:07:27.400 --> 01:07:29.400] Well, he totally ignored it. [01:07:29.400 --> 01:07:37.400] I mean, I had the building inspector, by title only, of course, admit that he's a contractor. [01:07:37.400 --> 01:07:39.400] I put it in my brief. [01:07:39.400 --> 01:07:42.400] You know, the judge complimented me on my brief. [01:07:42.400 --> 01:07:48.400] I even caught the attorney, which now this is an administrative hearing here on a building. [01:07:48.400 --> 01:07:52.400] It's not an actual, this didn't even have a case number. [01:07:52.400 --> 01:07:58.400] I had to write for a case number for eight months, and they would not give me any information. [01:07:58.400 --> 01:07:59.400] Find a civil suit. [01:07:59.400 --> 01:08:00.400] That would get you a case number. [01:08:00.400 --> 01:08:01.400] Yeah, I'm going to have to. [01:08:01.400 --> 01:08:09.400] I caught the prosecutor or the city attorney who was representing them inserting false evidence. [01:08:09.400 --> 01:08:15.400] I caught him on the record live in time, and nobody would do anything about it. [01:08:15.400 --> 01:08:16.400] The judge wouldn't do anything about it. [01:08:16.400 --> 01:08:18.400] Okay, did you file a bar grievance? [01:08:18.400 --> 01:08:19.400] Yes, I did. [01:08:19.400 --> 01:08:21.400] A 350-page bar grievance. [01:08:21.400 --> 01:08:24.400] Good. Did you file criminal charges against him? [01:08:24.400 --> 01:08:25.400] Yes, I did. [01:08:25.400 --> 01:08:26.400] What state are you in? [01:08:26.400 --> 01:08:27.400] Missouri. [01:08:27.400 --> 01:08:29.400] Missouri. [01:08:29.400 --> 01:08:32.400] Do you have a grand jury there? [01:08:32.400 --> 01:08:34.400] I don't think so. [01:08:34.400 --> 01:08:35.400] If you can get to them. [01:08:35.400 --> 01:08:36.400] Yeah, there's a grand jury. [01:08:36.400 --> 01:08:38.400] There's jury duty, I know that. [01:08:38.400 --> 01:08:41.400] Well, that's Pettit Jury. [01:08:41.400 --> 01:08:43.400] I was just talking to Ray Hall in Missouri. [01:08:43.400 --> 01:08:47.400] I don't think you have a grand jury in Missouri. [01:08:47.400 --> 01:08:50.400] Well, yeah, and that's something that needs to be adjudicated seriously in these states [01:08:50.400 --> 01:08:54.400] because, I'm sorry, it's in our U.S. Constitution. [01:08:54.400 --> 01:09:01.400] It's in the Bill of Rights that no man shall be held to answer for a capital or otherwise infamous crime [01:09:01.400 --> 01:09:04.400] without presentment or indictment of a grand jury, period. [01:09:04.400 --> 01:09:06.400] Yeah, but that's only in federal. [01:09:06.400 --> 01:09:07.400] No, no, no. [01:09:07.400 --> 01:09:12.400] The federal government, I'm sorry, the states do not have the right, [01:09:12.400 --> 01:09:19.400] the states do not have the authority to undermine rights of protection of life, liberty, and property by our U.S. Constitution. [01:09:19.400 --> 01:09:25.400] They can enumerate additional rights and protect additional rights if they so wish, [01:09:25.400 --> 01:09:31.400] but the states cannot undermine rights protected by the Bill of Rights of the U.S. Constitution. [01:09:31.400 --> 01:09:42.400] The courts address this issue, and they held that the Constitution does not require the state to have a grand jury. [01:09:42.400 --> 01:09:44.400] It's not a constitutional requirement. [01:09:44.400 --> 01:09:48.400] Well, it needs to be adjudicated again because that's in violation of our U.S. Constitution. [01:09:48.400 --> 01:09:55.400] The hearing to, the condemnation hearing on the building, and it wasn't necessarily that they want it. [01:09:55.400 --> 01:09:58.400] It's a deep story, and you don't have time to go into it, [01:09:58.400 --> 01:10:03.400] but the public officials actually were involved financially with this building. [01:10:03.400 --> 01:10:08.400] They want it gone because it's going to cover up something they did once it's gone. [01:10:08.400 --> 01:10:14.400] But it did not matter if I went to that hearing or not. [01:10:14.400 --> 01:10:20.400] In the administrative hearing process, they were going to have a hearing with or without me about the building, [01:10:20.400 --> 01:10:24.400] and they were going to make a determination about the building. [01:10:24.400 --> 01:10:27.400] You know, it was a place that confused me. [01:10:27.400 --> 01:10:33.400] There was no place for me to insert, not a substantive or anything, [01:10:33.400 --> 01:10:39.400] you know, there's no place to insert my rights in that case at the hearing level. [01:10:39.400 --> 01:10:45.400] Now, when I sue civilly, of course I will have that opportunity. [01:10:45.400 --> 01:10:50.400] But in these administrative hearings, it's like, you know, they're your master, you're the slave, [01:10:50.400 --> 01:10:53.400] shut up, sit down, and you're along for the ride. [01:10:53.400 --> 01:10:57.400] That's because nobody stung them really good for it. [01:10:57.400 --> 01:10:59.400] Well, I've been trying. [01:10:59.400 --> 01:11:01.400] The prosecutor's not listening. [01:11:01.400 --> 01:11:07.400] The Bar Association told me I needed a lawyer when I put in my complaint. [01:11:07.400 --> 01:11:09.400] Of course they're going to tell you that. [01:11:09.400 --> 01:11:12.400] That's hilarious. [01:11:12.400 --> 01:11:14.400] He was holding up. [01:11:14.400 --> 01:11:18.400] See, when I complained that they hadn't inspected it, they canceled my first hearing. [01:11:18.400 --> 01:11:23.400] The attorney drove 40 miles to go in the building himself [01:11:23.400 --> 01:11:26.400] because the building inspector wouldn't do it because I had scared him. [01:11:26.400 --> 01:11:31.400] The attorney can't testify to anything anyway. [01:11:31.400 --> 01:11:37.400] The attorney went in the building himself, took the building inspector in there, and took the pictures. [01:11:37.400 --> 01:11:41.400] And on the stand, he asked the building inspector, holding the pictures up, [01:11:41.400 --> 01:11:43.400] did you take this series of pictures? [01:11:43.400 --> 01:11:45.400] And I think there was about 30 pictures. [01:11:45.400 --> 01:11:48.400] And the building inspector said yes to every one of them. [01:11:48.400 --> 01:11:52.400] And I had caught on by listening to the other people, the witnesses they had had. [01:11:52.400 --> 01:11:55.400] I had caught on that this attorney was in this building. [01:11:55.400 --> 01:11:57.400] I mean, I had no clue. [01:11:57.400 --> 01:12:03.400] When I cross-examined the building inspector, I said, I won't mention names, but was Mr. X attorney, [01:12:03.400 --> 01:12:05.400] was he in that building with you? [01:12:05.400 --> 01:12:07.400] Building inspector, yes. [01:12:07.400 --> 01:12:10.400] And I said, did he take some of those pictures? [01:12:10.400 --> 01:12:12.400] And he said yes. [01:12:12.400 --> 01:12:14.400] And I said, did he take all the pictures? [01:12:14.400 --> 01:12:16.400] And he said, well, I did take some of them. [01:12:16.400 --> 01:12:20.400] Now that building inspector just got done saying on the record, under oath, [01:12:20.400 --> 01:12:23.400] and entering them indicates that he took every one of them. [01:12:23.400 --> 01:12:34.400] Well, if he was present when they were all taken, that won't be a material fact. [01:12:34.400 --> 01:12:37.400] So it's not perjury. [01:12:37.400 --> 01:12:39.400] Well, it may be simple perjury, not aggravated perjury. [01:12:39.400 --> 01:12:43.400] I look at that as that could have been a gun or a knife in his hands, too. [01:12:43.400 --> 01:12:45.400] I mean, it's not in his hands. [01:12:45.400 --> 01:12:47.400] He didn't take them. [01:12:47.400 --> 01:12:55.400] Well, I mean, I see your point, but it frustrates a person whenever I own that property. [01:12:55.400 --> 01:12:57.400] I don't owe anybody for that property. [01:12:57.400 --> 01:13:00.400] I'm not paying on that property. [01:13:00.400 --> 01:13:03.400] And they're going to take it wherever they can. [01:13:03.400 --> 01:13:08.400] And it's next door to a bank drive-thru, you know. [01:13:08.400 --> 01:13:10.400] I think that that's the end story there. [01:13:10.400 --> 01:13:12.400] They want it. [01:13:12.400 --> 01:13:19.400] Okay, there is something in Title 18 USC that specifically states that if the [01:13:19.400 --> 01:13:23.400] government has no financial interest in the property, [01:13:23.400 --> 01:13:29.400] the property cannot be seized and condemned. [01:13:29.400 --> 01:13:31.400] And that's 18? [01:13:31.400 --> 01:13:33.400] Title 18 USC, it's in there. [01:13:33.400 --> 01:13:34.400] I've got it somewhere. [01:13:34.400 --> 01:13:36.400] I'd have to look up and find it. [01:13:36.400 --> 01:13:41.400] But basically what it amounts to is that eminent domain cannot even be used to [01:13:41.400 --> 01:13:47.400] seize the property if the government has no viable financial interest in the property. [01:13:47.400 --> 01:13:51.400] What if they're saying that it's just a danger? [01:13:51.400 --> 01:13:53.400] They can say whatever they want to. [01:13:53.400 --> 01:13:55.400] That doesn't make it so. [01:13:55.400 --> 01:13:57.400] It still would have to be something they would prove. [01:13:57.400 --> 01:14:00.400] They couldn't just seize the property through condemnation and take it. [01:14:00.400 --> 01:14:02.400] Right. [01:14:02.400 --> 01:14:07.400] I even sent workers down there, and the police were right down there on them, [01:14:07.400 --> 01:14:12.400] questioning them and pulling them to the side, and so I didn't even try. [01:14:12.400 --> 01:14:15.400] I mean, they wouldn't let me to comply with anything. [01:14:15.400 --> 01:14:22.400] It was just, you know, hang your signs on there and stay away. [01:14:22.400 --> 01:14:24.400] Did you have the property posted? [01:14:24.400 --> 01:14:26.400] I didn't at the time. [01:14:26.400 --> 01:14:29.400] They don't say anything whenever I'm on the actual land, [01:14:29.400 --> 01:14:36.400] but if I try to go in the building, the police will be down there in a heartbeat. [01:14:36.400 --> 01:14:38.400] They posted the property. [01:14:38.400 --> 01:14:41.400] They have a little yellow sticker that says this building is condemned, [01:14:41.400 --> 01:14:45.400] can't be lived in, so on and so forth. [01:14:45.400 --> 01:14:47.400] But even under condemnation, [01:14:47.400 --> 01:14:53.400] they're required to give you a certain amount of time to bring it to code. [01:14:53.400 --> 01:14:55.400] Well, they didn't do that either. [01:14:55.400 --> 01:15:03.400] They said the first notice said 30 days, tear it down, have grass seed planted, period. [01:15:03.400 --> 01:15:08.400] I tried. I even made a complaint, well, not just to the prosecutor, [01:15:08.400 --> 01:15:15.400] but I was thinking he made a false inspection the first time, [01:15:15.400 --> 01:15:18.400] completely false inspection, and he gave specifics. [01:15:18.400 --> 01:15:24.400] Electric wasn't up to code, sewer wasn't up to code, so on and so forth, [01:15:24.400 --> 01:15:26.400] in which he admitted he never got a tape measure out [01:15:26.400 --> 01:15:30.400] or even stepped foot in the building, you know. [01:15:30.400 --> 01:15:32.400] Now you've got aggravated perjury. [01:15:32.400 --> 01:15:35.400] Can I get him for mail fraud also? [01:15:35.400 --> 01:15:39.400] He'd done a process and certified it, a false process. [01:15:39.400 --> 01:15:43.400] Yeah, get the postal inspectors on him, because that's exactly what he did. [01:15:43.400 --> 01:15:46.400] Now wait a minute, did he, okay, he did this through the mails? [01:15:46.400 --> 01:15:48.400] Yeah, certified. [01:15:48.400 --> 01:15:51.400] Oh, okay. Yes. [01:15:51.400 --> 01:15:54.400] I was thinking, you know, that's not good. [01:15:54.400 --> 01:15:59.400] I wouldn't want to be making a false process and certifying it. [01:15:59.400 --> 01:16:02.400] He hasn't had the postal inspectors on him yet. [01:16:02.400 --> 01:16:04.400] Well, he's going to. [01:16:04.400 --> 01:16:08.400] They will get his attention. [01:16:08.400 --> 01:16:15.400] Yeah, now if you can show that that process was sent to one of these public [01:16:15.400 --> 01:16:20.400] officials that has the financial interest in your loss of this property [01:16:20.400 --> 01:16:24.400] or protection of themselves through the loss of this property, [01:16:24.400 --> 01:16:29.400] then you can also probably show conspiracy to commit mail fraud. [01:16:29.400 --> 01:16:34.400] The mayor of the town is the one that stole me the property, [01:16:34.400 --> 01:16:37.400] and I found out he was charging the lady who owned it [01:16:37.400 --> 01:16:40.400] under the threat of condemnation for repairs he didn't do. [01:16:40.400 --> 01:16:43.400] Okay, wait a minute, listen, hold on, David, we're going to break. [01:16:43.400 --> 01:16:44.400] We're going to break. [01:16:44.400 --> 01:16:47.400] All right, and listen, callers, don't drop off the line. [01:16:47.400 --> 01:16:51.400] We're going to go into overtime mode if we need to, so hang on the line. [01:16:51.400 --> 01:16:54.400] Don't drop off the line, and we'll be right back. [01:17:21.400 --> 01:17:49.400] When ordering from survivalgearsource.com, [01:17:49.400 --> 01:17:53.400] 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 --> 01:18:22.400] Yeah, story for everyone to hear about how we're not going to give in to fear. [01:18:22.400 --> 01:18:44.400] I will occupy my father's house until he returns, until he has left me with the strength and with the aid of my concern. [01:18:44.400 --> 01:18:55.400] Yeah, I will occupy my father's house until I see his face. [01:18:55.400 --> 01:19:07.400] I will guard these walls and fences where he comes to take his place. [01:19:07.400 --> 01:19:08.400] Okay, we're back. [01:19:08.400 --> 01:19:09.400] We are back. [01:19:09.400 --> 01:19:13.400] We'll occupy our father's house until he returns. [01:19:13.400 --> 01:19:18.400] Okay, we are speaking now with David in Missouri, and callers, please do not drop off the line. [01:19:18.400 --> 01:19:20.400] Hang in there, because we're going to get to everyone's call. [01:19:20.400 --> 01:19:22.400] We're going to go to overtime mode if we need to. [01:19:22.400 --> 01:19:25.400] Okay, so David, you were speaking before the break. [01:19:25.400 --> 01:19:27.400] Please continue. [01:19:27.400 --> 01:19:34.400] I was just saying that the mayor in his capacity as mayor in his office, before I bought the building, [01:19:34.400 --> 01:19:39.400] an elderly woman from out of state owned it, and I found out after I purchased it, [01:19:39.400 --> 01:19:43.400] I purchased it with the suggestion of the mayor, why don't you buy that building, [01:19:43.400 --> 01:19:47.400] and we had made a deal that I could haul the debris out to their city dump, [01:19:47.400 --> 01:19:50.400] and they was going to help me fix it up and everything. [01:19:50.400 --> 01:19:54.400] After I bought it, it was in the process of buying it, [01:19:54.400 --> 01:20:02.400] I discovered that he had been charging that elderly woman for repairs under the threat of condemnation, [01:20:02.400 --> 01:20:05.400] of condemning it, that was not happening. [01:20:05.400 --> 01:20:07.400] He wasn't doing the repairs. [01:20:07.400 --> 01:20:13.400] He got about $2,000 out of her and didn't do anything. [01:20:13.400 --> 01:20:17.400] I approached him with it, and he said, oh, I feel real bad about that. [01:20:17.400 --> 01:20:21.400] Now, we live in small towns, everybody knows everybody. [01:20:21.400 --> 01:20:26.400] Wait a minute, you own those repairs he didn't do? [01:20:26.400 --> 01:20:28.400] Well, that's what I was thinking. [01:20:28.400 --> 01:20:30.400] You bought them? [01:20:30.400 --> 01:20:31.400] Mm-hmm. [01:20:31.400 --> 01:20:33.400] Yeah, that's fraud. [01:20:33.400 --> 01:20:37.400] Can I actually say that about the repair itself, though? [01:20:37.400 --> 01:20:38.400] Absolutely. [01:20:38.400 --> 01:20:45.400] Okay, see, that was a question, because I thought maybe that that would have went with the purchase. [01:20:45.400 --> 01:20:47.400] Yeah, but now they've cut their own throats. [01:20:47.400 --> 01:20:54.400] They've actually gone in and photographed and tried to use against you the same evidence that would hang them that the repairs were never done. [01:20:54.400 --> 01:20:56.400] Mm-hmm. [01:20:56.400 --> 01:21:01.400] Well, as soon as they started this, I started making them make as many mistakes as I could. [01:21:01.400 --> 01:21:03.400] I documented everything for eight months. [01:21:03.400 --> 01:21:06.400] They denied me access to public records. [01:21:06.400 --> 01:21:12.400] I just wrote down every single thing, so I have a good, solid case. [01:21:12.400 --> 01:21:18.400] But I can't believe the prosecutor is totally ignoring this situation. [01:21:18.400 --> 01:21:21.400] I mean, they are ignoring it. [01:21:21.400 --> 01:21:23.400] Oh, I can. [01:21:23.400 --> 01:21:26.400] What you do is run the routine on the prosecutor. [01:21:26.400 --> 01:21:36.400] You file complaints with the prosecutor, and if in Missouri you don't have a grand jury, that's okay. [01:21:36.400 --> 01:21:39.400] You file complaints with the prosecutor. [01:21:39.400 --> 01:21:47.400] If he doesn't pursue prosecution, then you file criminal complaints with the judge, the district judge, [01:21:47.400 --> 01:21:54.400] and petition the court to appoint an attorney pro tem to prosecute the prosecutor. [01:21:54.400 --> 01:21:56.400] Okay. [01:21:56.400 --> 01:22:02.400] You're talking about the main judge. [01:22:02.400 --> 01:22:05.400] What are you calling him? [01:22:05.400 --> 01:22:07.400] Yeah, whoever the next level up is. [01:22:07.400 --> 01:22:08.400] Mm-hmm. [01:22:08.400 --> 01:22:10.400] The presiding judge. [01:22:10.400 --> 01:22:17.400] What you do is you've got these yokels down here at the municipal level doing a song and dance. [01:22:17.400 --> 01:22:21.400] So you go above their heads. [01:22:21.400 --> 01:22:30.400] Well, I've already been to county, and that's where the judge, even though I pointed out everything, [01:22:30.400 --> 01:22:41.400] because I didn't testify, they have taken their record as 100% and just ignored all the facts, [01:22:41.400 --> 01:22:45.400] even though it's on the record, all the lies and all the... [01:22:45.400 --> 01:22:46.400] I caught the police lying. [01:22:46.400 --> 01:22:49.400] I impeached every one of their witnesses. [01:22:49.400 --> 01:22:51.400] Did you file criminal charges against them? [01:22:51.400 --> 01:22:53.400] Yes, yes. [01:22:53.400 --> 01:22:54.400] It's been no good. [01:22:54.400 --> 01:22:57.400] Who did you file the criminal charges with? [01:22:57.400 --> 01:22:59.400] With the county prosecutor. [01:22:59.400 --> 01:23:03.400] Did the county prosecutor pursue prosecution? [01:23:03.400 --> 01:23:05.400] No, not at all. [01:23:05.400 --> 01:23:10.400] File criminal charges against the prosecutor with the county judge. [01:23:10.400 --> 01:23:15.400] And when the county judge refuses to act in his capacity as a magistrate, [01:23:15.400 --> 01:23:19.400] prepare criminal charges against all of them and go to the next step up. [01:23:19.400 --> 01:23:24.400] What happens is these guys down here on the bottom start this fight, [01:23:24.400 --> 01:23:28.400] and now you start engaging everybody else in it. [01:23:28.400 --> 01:23:34.400] Everybody higher up, they're getting problems from you for not prosecuting them. [01:23:34.400 --> 01:23:40.400] And they will increase the pressure on the guys at the bottom to get you off their case. [01:23:40.400 --> 01:23:42.400] It's like playing poker. [01:23:42.400 --> 01:23:43.400] Right. [01:23:43.400 --> 01:23:45.400] Deal yourself a better hand. [01:23:45.400 --> 01:23:46.400] Sure. [01:23:46.400 --> 01:23:53.400] And you will find as you move up in the courts that they get more careful [01:23:53.400 --> 01:24:00.400] because they're more political, especially when you're going right for their throats. [01:24:00.400 --> 01:24:04.400] We have the actual hearing the case from the municipality. [01:24:04.400 --> 01:24:09.400] I have it appealed to the district state court right now. [01:24:09.400 --> 01:24:12.400] Of course, I haven't heard anything about that yet. [01:24:12.400 --> 01:24:17.400] But I'm scared that all they're going to have to work with is the record that this last judge gave them, [01:24:17.400 --> 01:24:21.400] which was very biased. [01:24:21.400 --> 01:24:28.400] Now, being that it's just a billing, though, and not me personally, I mean, I'm mentioned, [01:24:28.400 --> 01:24:31.400] but they have never proved jurisdiction over me, [01:24:31.400 --> 01:24:39.400] and I have inserted that fact from the beginning that they may have jurisdiction over the billing. [01:24:39.400 --> 01:24:40.400] I'm not sure about that. [01:24:40.400 --> 01:24:41.400] I mean, I think they probably do. [01:24:41.400 --> 01:24:44.400] Yeah, they can go in ray against the building. [01:24:44.400 --> 01:24:45.400] Right. [01:24:45.400 --> 01:24:51.400] But they've never inserted any kind of jurisdiction or proved jurisdiction on me or my wife personally, [01:24:51.400 --> 01:24:54.400] and I have denied it from the beginning. [01:24:54.400 --> 01:25:01.400] Well, if their action is in rim against the building, [01:25:01.400 --> 01:25:05.400] then they don't have to prove jurisdiction over you, just over the building. [01:25:05.400 --> 01:25:11.400] But if they've committed criminal acts in the process of what they're doing, they lose jurisdiction. [01:25:11.400 --> 01:25:13.400] They lose jurisdiction? [01:25:13.400 --> 01:25:14.400] Yeah. [01:25:14.400 --> 01:25:15.400] If it's criminal act. [01:25:15.400 --> 01:25:16.400] Okay. [01:25:16.400 --> 01:25:22.400] Then once they commit the criminal act, they become trespassers ab initio from the beginning, [01:25:22.400 --> 01:25:24.400] and all their acts are defeated. [01:25:24.400 --> 01:25:27.400] Now, does that work after the fact? [01:25:27.400 --> 01:25:31.400] Let's say that I lose on the district level the actual hearing about the building, [01:25:31.400 --> 01:25:36.400] but I win on my civil case showing that they've done. [01:25:36.400 --> 01:25:39.400] You know, if the prosecutor is not going to pick anything up, [01:25:39.400 --> 01:25:42.400] they're not going to have any kind of criminal charges against them. [01:25:42.400 --> 01:25:46.400] All I may have is to win civilly. [01:25:46.400 --> 01:25:49.400] Would that be enough proof to overturn? [01:25:49.400 --> 01:25:52.400] Go after the prosecutor. [01:25:52.400 --> 01:25:54.400] Keep walking this up. [01:25:54.400 --> 01:25:58.400] You're saying a very scary thing, my wife. [01:25:58.400 --> 01:25:59.400] Pardon me? [01:25:59.400 --> 01:26:02.400] I said you're saying a very scary thing. [01:26:02.400 --> 01:26:03.400] Yeah. [01:26:03.400 --> 01:26:09.400] You go get the guys who have more authority, and you start kicking them in their teeth. [01:26:09.400 --> 01:26:14.400] And the prosecutor's not going to like you coming after him because he didn't prosecute these chumps. [01:26:14.400 --> 01:26:19.400] Yeah, and you might also want to look into the bond-leaning process too. [01:26:19.400 --> 01:26:20.400] Oh, to bond? [01:26:20.400 --> 01:26:23.400] No, to lean their bonds, yeah. [01:26:23.400 --> 01:26:25.400] You might want to look into that. [01:26:25.400 --> 01:26:30.400] Wendy, Wendy, can you chime in on that? [01:26:30.400 --> 01:26:34.400] I'm sorry. [01:26:34.400 --> 01:26:37.400] Well, yes, this is exactly what Wendy's been doing. [01:26:37.400 --> 01:26:38.400] Right. [01:26:38.400 --> 01:26:43.400] You know, I do the criminal approach where I file charges against them and such. [01:26:43.400 --> 01:26:44.400] Right. [01:26:44.400 --> 01:26:46.400] She does the commercial approach. [01:26:46.400 --> 01:26:49.400] And I'm going to be doing the commercial approach too pretty soon. [01:26:49.400 --> 01:26:52.400] I've done both. [01:26:52.400 --> 01:27:00.400] I have copies of the mayor and the clerk and the collector, and the aldermen are not bonded. [01:27:00.400 --> 01:27:05.400] And I thought, you know, our state law says if you're a public official, you should be bonded. [01:27:05.400 --> 01:27:10.400] When I asked about their bonds, it said because they didn't mess with any financing or funds, [01:27:10.400 --> 01:27:15.400] that they weren't required to have bonds on the city level, and I think that's probably wrong. [01:27:15.400 --> 01:27:25.400] If there's law requiring all public servants to have bonds, even if they're municipal, then you can have them removed from office. [01:27:25.400 --> 01:27:32.400] Well, the bonds that I do have, I called the insurance company and told them, hey, we've got a problem here. [01:27:32.400 --> 01:27:43.400] And they said I would have to fax them some proof and the fact that it's being criminally prosecuted. [01:27:43.400 --> 01:27:46.400] And I can't do that right now because they're not going to do that. [01:27:46.400 --> 01:27:49.400] They're not going to criminally prosecute them. [01:27:49.400 --> 01:27:53.400] Well, there's another thing you could do. [01:27:53.400 --> 01:27:59.400] You need to research Quarantoo removal for Missouri. [01:27:59.400 --> 01:28:01.400] Quarantoo? [01:28:01.400 --> 01:28:02.400] Yes. [01:28:02.400 --> 01:28:06.400] If these guys don't meet all the requirements of office, they can be removed Quarantoo. [01:28:06.400 --> 01:28:09.400] That's a special removal process for public officials. [01:28:09.400 --> 01:28:13.400] Yeah, and if they don't have bonds, they're really leaving themselves extremely vulnerable. [01:28:13.400 --> 01:28:22.400] I mean, the point of public officials having, public servants having bonds is not just because they may be dealing with financial matters of the state. [01:28:22.400 --> 01:28:33.400] It's to protect the state and to protect them in case they do damage to someone in their capacity as a public servant [01:28:33.400 --> 01:28:36.400] so that they don't get all their personal assets taken away from them [01:28:36.400 --> 01:28:44.400] and so that it doesn't harm the taxpayers because if the state gets sued because of damage caused by public servants, [01:28:44.400 --> 01:28:51.400] if they don't have insurance policies as bonds, then that means the taxpayers end up having to pay for the settlement of the lawsuit. [01:28:51.400 --> 01:28:52.400] So that's what it's for. [01:28:52.400 --> 01:28:53.400] But they have to have it. [01:28:53.400 --> 01:28:55.400] Yes, they have to have it to protect the taxpayers. [01:28:55.400 --> 01:28:56.400] Absolutely. [01:28:56.400 --> 01:28:59.400] See, two of these aldermen knew what the mayor was doing. [01:28:59.400 --> 01:29:06.400] One of them is an ex-alderman now, but the other one was sitting on the board, the commission that condemned the building, [01:29:06.400 --> 01:29:10.400] and the other alderman was the building inspector's daughter. [01:29:10.400 --> 01:29:15.400] So I had the mayor who actually done the crime condemning the building, [01:29:15.400 --> 01:29:23.400] one of the aldermen that was involved with him, and the building inspector's daughter, all sitting there giving them a- [01:29:23.400 --> 01:29:24.400] Wait a minute. [01:29:24.400 --> 01:29:27.400] Building inspector's daughter is an alderman? [01:29:27.400 --> 01:29:29.400] Yes, and I pointed it out. [01:29:29.400 --> 01:29:30.400] That's too close. [01:29:30.400 --> 01:29:32.400] That's co-sanguinity. [01:29:32.400 --> 01:29:34.400] It's nepotism. [01:29:34.400 --> 01:29:42.400] No, that's what in law they call that, I think it's one degree of co-sanguinity. [01:29:42.400 --> 01:29:44.400] He can't, that's conflict of interest. [01:29:44.400 --> 01:29:46.400] He can't be there. [01:29:46.400 --> 01:29:58.400] Tell what you're saying there, Randy. [01:29:58.400 --> 01:30:01.400] I think that's right, co-sanguinity. [01:30:01.400 --> 01:30:03.400] Okay, I'll look that up. [01:30:03.400 --> 01:30:06.400] See, this is really a mess, and everybody's ignoring it. [01:30:06.400 --> 01:30:10.400] I'm just dumbfounded that it's got this far. [01:30:10.400 --> 01:30:13.400] Okay, we had Julio on earlier, but he dropped off. [01:30:13.400 --> 01:30:15.400] Julio could tell you about this. [01:30:15.400 --> 01:30:24.400] He fought some traffic tickets for four years, and they just screwed up everything. [01:30:24.400 --> 01:30:28.400] Julio hung in there with them, just kept pounding them. [01:30:28.400 --> 01:30:30.400] He went down there recently. [01:30:30.400 --> 01:30:33.400] They dropped everything. [01:30:33.400 --> 01:30:35.400] David, listen. [01:30:35.400 --> 01:30:43.400] Also, I wanted to request that maybe we could continue to discuss your case maybe on another night or later because we've got a lot of callers, [01:30:43.400 --> 01:30:47.400] and it looks like we are going to be going into overtime mode, [01:30:47.400 --> 01:30:52.400] but I want to get as many callers while we're on the FM and AMs as possible. [01:30:52.400 --> 01:30:56.400] Some of our affiliates do change their programming schedule, [01:30:56.400 --> 01:31:02.400] and we'll continue to carry our show on their AM and FM stations after midnight when we do overtime mode, but some don't, [01:31:02.400 --> 01:31:05.400] so I want to give as many callers as possible a chance to actually be on the air. [01:31:05.400 --> 01:31:08.400] Well, thank you guys for what you're doing, and thanks for giving me some time. [01:31:08.400 --> 01:31:09.400] Okay, thank you, David. [01:31:09.400 --> 01:31:11.400] Yeah, and keep us updated. [01:31:11.400 --> 01:31:13.400] Keep us posted. [01:31:13.400 --> 01:31:16.400] I also wanted to request the listeners and callers right now. [01:31:16.400 --> 01:31:22.400] We get the most calls and the most streams on Friday nights. [01:31:22.400 --> 01:31:29.400] Apparently, it's the most popular night, and things really start stacking up the last couple of hours on Friday nights, [01:31:29.400 --> 01:31:32.400] so listen, callers, listeners, don't be shy. [01:31:32.400 --> 01:31:38.400] Call in on the other nights that we're on the air, so everybody isn't all jammed up on Friday evenings. [01:31:38.400 --> 01:31:41.400] All right, we're going to go now to – go ahead. [01:31:41.400 --> 01:31:46.400] If we run over too far and I get into that third beer, it won't be pretty. [01:31:46.400 --> 01:31:47.400] What a lightweight. [01:31:47.400 --> 01:31:51.400] Okay, listen, we're going to go now to Doug in Texas, and we are still taking calls, [01:31:51.400 --> 01:31:55.400] so like I said, we are – a lot of our affiliates continue to carry our programming, [01:31:55.400 --> 01:31:59.400] so callers, don't be shy about calling in, so we're going into overtime mode to take advantage of it. [01:31:59.400 --> 01:32:01.400] All right, Doug from Texas, thank you for holding us along. [01:32:01.400 --> 01:32:02.400] What's on your mind? [01:32:02.400 --> 01:32:17.400] Well, hello, Deborah, Randy, and Eddie. I didn't know it, but my inspection sticker just fell off my vehicle, I guess. [01:32:17.400 --> 01:32:22.400] I don't know what happened to it, but it vanished around the 1st of this month, [01:32:22.400 --> 01:32:31.400] and I haven't gone down there to renew it or anything. Am I required by law to do so? [01:32:31.400 --> 01:32:38.400] Do you have paperwork concerning your inspection sticker in your glove box or in the car? [01:32:38.400 --> 01:32:39.400] No, I don't know. [01:32:39.400 --> 01:32:42.400] Then you're going to have to go get another one because you don't have any proof of it, [01:32:42.400 --> 01:32:45.400] and even if you did have proof of it, you'd probably want to go get another one anyway [01:32:45.400 --> 01:32:48.400] because if a cop sees it, he's going to pull you over, [01:32:48.400 --> 01:32:53.400] and then you're just going to have to deal with a hassle even if you can prove that you have paperwork showing. [01:32:53.400 --> 01:32:58.400] So, yeah, you need to go get another one because you don't have any record to show that you got inspection. [01:32:58.400 --> 01:33:07.400] Here's the problem with safety sticker. It is a crime not to display a safety sticker. [01:33:07.400 --> 01:33:12.400] It's not a crime not to display registration. [01:33:12.400 --> 01:33:16.400] That merely goes to prima facie evidence that you don't have it, [01:33:16.400 --> 01:33:20.400] but it is specifically a crime not to display the safety sticker. [01:33:20.400 --> 01:33:26.400] So even if you got one, if it's not on your window, that constitutes the crime. [01:33:26.400 --> 01:33:31.400] This is all assuming that you want to deal with the game because if you want to take on the fight [01:33:31.400 --> 01:33:35.400] that the traffic code is written for commercial application, you could do that. [01:33:35.400 --> 01:33:37.400] Eddie, what do you have to say about this? [01:33:37.400 --> 01:33:41.400] Well, the first thing is considering where the inspection stickers are usually placed these days, [01:33:41.400 --> 01:33:45.400] where did you misplace your windshield? [01:33:45.400 --> 01:33:50.400] Well, Eddie, look it up. You're very good at looking things up. [01:33:50.400 --> 01:34:00.400] Is there a, is it an offense not to have, I know it's an offense to have an expired inspection sticker, [01:34:00.400 --> 01:34:06.400] but look it up real quick and see if it's an offense not to have one. [01:34:06.400 --> 01:34:10.400] Well, okay, let's jot down the trail here real quick. [01:34:10.400 --> 01:34:14.400] Wait, I've been there. I've been through this in the court. [01:34:14.400 --> 01:34:21.400] It's an offense not to display it. That's what the offense is. [01:34:21.400 --> 01:34:24.400] Right, but he's wanting to know if he has to have it. [01:34:24.400 --> 01:34:25.400] Right. [01:34:25.400 --> 01:34:30.400] Yeah, well, you don't have to, no, you're not getting it. You have to display it. [01:34:30.400 --> 01:34:34.400] So if you don't have it, you're not displaying it. [01:34:34.400 --> 01:34:39.400] Yeah, and I think there's also some regulation about where you have to display it. [01:34:39.400 --> 01:34:43.400] Now listen, Doug, I don't understand it because they put those stickers on the inside of your windshield. [01:34:43.400 --> 01:34:45.400] It should be in your car somewhere. [01:34:45.400 --> 01:34:52.400] Well, yeah, it would probably be there if it hadn't been disposed of, I'm sure. [01:34:52.400 --> 01:34:58.400] Okay, well, here's the thing, like I was saying, if you've actually gone down and registered the vehicle [01:34:58.400 --> 01:35:04.400] and you've got license plates on that car, then you better have that inspection sticker in the story [01:35:04.400 --> 01:35:09.400] because you've gone down and you've registered your vehicle as commercial and the inspection. [01:35:09.400 --> 01:35:15.400] I never did that. I never did that. Somebody else did that for me. [01:35:15.400 --> 01:35:22.400] You know, the covert dealership did that for me. [01:35:22.400 --> 01:35:25.400] Okay, what have you done to undo it? [01:35:25.400 --> 01:35:33.400] Well, I'm going to go down there and register it as a non-commercial road machine. [01:35:33.400 --> 01:35:37.400] No, you're doing that wrong. You don't register it at all. [01:35:37.400 --> 01:35:44.400] If you're registering something, you're looking to have someone else's approval for your having it to begin with. [01:35:44.400 --> 01:35:52.400] Right. I'm going to inform them that it is not registered properly. [01:35:52.400 --> 01:36:01.400] It is not a motor vehicle. It is not a commercial vehicle. It is a privately owned road machine. [01:36:01.400 --> 01:36:03.400] And where are you, Doug? [01:36:03.400 --> 01:36:06.400] In Bastrop, Texas. [01:36:06.400 --> 01:36:14.400] Okay. When you bought the vehicle, you filled out all the paperwork at the dealership, correct? [01:36:14.400 --> 01:36:15.400] Right. [01:36:15.400 --> 01:36:19.400] Okay, you have a certificate of title, correct? [01:36:19.400 --> 01:36:20.400] Right. [01:36:20.400 --> 01:36:25.400] Did you get a bill of sale in addition to your certificate of title? [01:36:25.400 --> 01:36:37.400] No, but I will. I plan on doing so. You're saying that I have purchased this from covert Chevrolet. [01:36:37.400 --> 01:36:43.400] I've purchased this vehicle. It's paid for and whatever. [01:36:43.400 --> 01:36:47.400] Okay, well, I would highly recommend you do that. [01:36:47.400 --> 01:36:51.400] Make sure the information on it is correct as to the date, time, purchase and all this [01:36:51.400 --> 01:36:56.400] and the identification number of the vehicle and all that. [01:36:56.400 --> 01:37:02.400] Because here's the deal. If you have registered the car and you do have license plates on it, [01:37:02.400 --> 01:37:05.400] you've confirmed you intend to use that vehicle in commerce. [01:37:05.400 --> 01:37:13.400] All that license plate is is the tax identification number that says you paid the fee to make your car commercial ready. [01:37:13.400 --> 01:37:14.400] That's what you did. [01:37:14.400 --> 01:37:15.400] Right. [01:37:15.400 --> 01:37:23.400] And by doing that, you have agreed to all the rules that go with that, including that inspection, registration and everything else. [01:37:23.400 --> 01:37:30.400] I understand that, Eddie. I understand that. It was fraudulent. In other words, the way that they – [01:37:30.400 --> 01:37:37.400] I agree. I agree. But the thing is, is you voluntarily did it. Therefore, it's not fraudulent. [01:37:37.400 --> 01:37:42.400] I understand the perception, but the fact is, is you volunteered into it. [01:37:42.400 --> 01:37:45.400] No one twisted your arm to fill out that particular paperwork. [01:37:45.400 --> 01:37:46.400] Right. [01:37:46.400 --> 01:37:55.400] So by volunteering into it, you're bound by it. So what you've got to do is write it up so that you are unvolunteering. [01:37:55.400 --> 01:37:56.400] Right. [01:37:56.400 --> 01:37:59.400] And until you document that, you're bound. [01:37:59.400 --> 01:38:13.400] Right. In other words, what I need to do is just – if they stop me because I, you know, don't have my little sticker on there that says it's been inspected, [01:38:13.400 --> 01:38:21.400] I'll say, well, you know, I don't know what happened, sticker, and since it's your job, your law enforcement, [01:38:21.400 --> 01:38:29.400] could I file a claim with you as stolen sticker? Somebody, you know, somebody stole my sticker. [01:38:29.400 --> 01:38:39.400] Now, let's concentrate on finding the thief that took it off, and they could say, well, what month was, you know, it expired? [01:38:39.400 --> 01:38:45.400] I don't have the slightest idea. I didn't even know it was gone until you called it to my attention. [01:38:45.400 --> 01:38:50.400] Yeah, but they're not going to care, Doug. That's the problem. That's not their job and that's not the way they see it. [01:38:50.400 --> 01:38:55.400] That's your responsibility because it was turned into your possession. That's how they're going to look at it. [01:38:55.400 --> 01:39:01.400] While you're making that argument, the cop will be oiling up his cuffs. [01:39:01.400 --> 01:39:05.400] Well, it would be nice if they had some oiled cuffs used. I don't need them. [01:39:05.400 --> 01:39:13.400] Now, the only argument you would prevail on in court is to stipulate that at the time that I was pulled over for lack of inspection, [01:39:13.400 --> 01:39:18.400] my car was not being used for commercial purposes where inspection was necessary. [01:39:18.400 --> 01:39:24.400] And then you've got to know what the rules of the transportation code are to make that argument successful. [01:39:24.400 --> 01:39:30.400] Daddy, it's never used for commercial purposes. I've never been paid a dime for driving. [01:39:30.400 --> 01:39:32.400] None of us have, but that's irrelevant. [01:39:32.400 --> 01:39:40.400] They are working on an assumption that they have reversed the process where the burden of proof is not on them, it's on you. [01:39:40.400 --> 01:39:44.400] Well, that's kind of clever of them, isn't it? [01:39:44.400 --> 01:39:49.400] Let me offer a suggestion here. [01:39:49.400 --> 01:39:56.400] Okay. Concerning these types of things, there's basically either two ways you can go about it, one of two ways. [01:39:56.400 --> 01:40:06.400] You can press the point that you're not in commerce and get potentially a long fight and you really need to know what you're doing. [01:40:06.400 --> 01:40:14.400] And that's why Eddie Craig and us together, three of us, we're working on the litigation engine to help people deal with traffic issues [01:40:14.400 --> 01:40:19.400] so that we can finally adjudicate this right to travel issue, okay? [01:40:19.400 --> 01:40:24.400] Personally, what I would do, what I do right now, I don't fight that battle, okay? [01:40:24.400 --> 01:40:30.400] Even though I know it's wrong, I know we have the right to travel, I choose personally not to fight that battle [01:40:30.400 --> 01:40:37.400] because I don't have time to be constantly embroiled in a battle concerning right to travel and get pulled over every other day [01:40:37.400 --> 01:40:42.400] for not having a license plate or registration and all these kinds of things [01:40:42.400 --> 01:40:48.400] and then have to try to get a restraining order from the court to keep the cops from pulling me over all the time. [01:40:48.400 --> 01:40:56.400] Plus, I'm a woman and a lot of times I'm in the car by myself and I don't trust the cops not to rape me, so I just don't fight that battle, all right? [01:40:56.400 --> 01:41:00.400] So you have to decide, what is it worth to you? [01:41:00.400 --> 01:41:05.400] Would you rather just go spend the 20 bucks or the 15 dollars and get another sticker [01:41:05.400 --> 01:41:09.400] or do you want to fight this right to travel issue right now? [01:41:09.400 --> 01:41:18.400] Now, once we get the litigation engine on the traffic code finished and a lot of people start slamming the system with documents, [01:41:18.400 --> 01:41:24.400] criminal complaints, et cetera, and things start getting adjudicated and moved through the system regarding right to travel, [01:41:24.400 --> 01:41:31.400] then I'll probably join in the fight at that point in time, but right now you just have to gauge what it's worth to you, okay? [01:41:31.400 --> 01:41:35.400] So, I mean, if it were me, I'd just go get another sticker, but that's just me. [01:41:35.400 --> 01:41:42.400] So if you have time on your hands and you want to fight the fight, then you can contact Eddie and we'll help you with that. [01:41:42.400 --> 01:41:48.400] But we need to move on right now because I want to get as many callers in before midnight as possible. [01:41:48.400 --> 01:41:50.400] Okay, Doug? [01:41:50.400 --> 01:41:51.400] That's fine. [01:41:51.400 --> 01:41:52.400] Okay, thank you. [01:41:52.400 --> 01:41:53.400] Thanks for calling in. [01:41:53.400 --> 01:41:56.400] Okay, we're going to go now to Mike in Illinois. [01:41:56.400 --> 01:41:57.400] Mike, thanks for calling in. [01:41:57.400 --> 01:41:59.400] What's on your mind tonight? [01:41:59.400 --> 01:42:04.400] Yeah, I was listening to that argument about, you know, the Admiralty Maritime and all that. [01:42:04.400 --> 01:42:05.400] Yes. [01:42:05.400 --> 01:42:14.400] And it seems as if I believe Randy was off point because he was reading a case that says Admiralty comes out of the Maritime, you know, contracts for every wealth. [01:42:14.400 --> 01:42:18.400] Right there, that case alone makes a distinction between Admiralty and Maritime. [01:42:18.400 --> 01:42:29.400] So, you know, whether Randy or that other caller was, you know, they were both arguing off point at certain times because it's two different – there's a distinction between the two different – [01:42:29.400 --> 01:42:30.400] Good. [01:42:30.400 --> 01:42:31.400] Can you explain the distinction? [01:42:31.400 --> 01:42:34.400] Yes, please explain the distinction between Admiralty and Maritime jurisdiction. [01:42:34.400 --> 01:42:42.400] Well, I believe that the Admiralty jurisdiction is contract with the King, which would be possibly England. [01:42:42.400 --> 01:42:43.400] I mean – [01:42:43.400 --> 01:42:44.400] No, no, wait, wait. [01:42:44.400 --> 01:42:46.400] We can't go back to England. [01:42:46.400 --> 01:42:48.400] The King is not in this country. [01:42:48.400 --> 01:42:50.400] I know guys are saying that. [01:42:50.400 --> 01:42:51.400] It's not. [01:42:51.400 --> 01:42:52.400] It's not. [01:42:52.400 --> 01:42:53.400] But we do know that – [01:42:53.400 --> 01:42:56.400] Let's not go back to – how is it on the ground here? [01:42:56.400 --> 01:43:01.400] How is Maritime and Admiralty different? [01:43:01.400 --> 01:43:03.400] Is it a different set of statutes? [01:43:03.400 --> 01:43:04.400] Right. [01:43:04.400 --> 01:43:07.400] We know that they operate under presumptions all the time, right? [01:43:07.400 --> 01:43:10.400] Almost everything in court is a presumption. [01:43:10.400 --> 01:43:14.400] No, that's not a presumption that I go by. [01:43:14.400 --> 01:43:16.400] Okay, okay, but that's what they go by. [01:43:16.400 --> 01:43:20.400] But the case that you read, Randy, before that last case you read, [01:43:20.400 --> 01:43:28.400] it specifically said that the nature of the contract determined how they're going to view the case, kind of. [01:43:28.400 --> 01:43:35.400] And so therefore, it's my understanding that all insurance comes under Maritime contract. [01:43:35.400 --> 01:43:36.400] Not true. [01:43:36.400 --> 01:43:37.400] Because, well – [01:43:37.400 --> 01:43:42.400] That's very clearly delineated in Janisse. [01:43:42.400 --> 01:43:48.400] It's the case about where guys killed working on a boat. [01:43:48.400 --> 01:43:50.400] The boat's in Dryden. [01:43:50.400 --> 01:43:54.400] Okay, so now you're off point on that point, too, because that boat was not berthed yet. [01:43:54.400 --> 01:43:57.400] So therefore, it didn't have standing in the water. [01:43:57.400 --> 01:43:58.400] It had to be berthed. [01:43:58.400 --> 01:43:59.400] That's what I mean. [01:43:59.400 --> 01:44:01.400] All insurance is not Maritime. [01:44:01.400 --> 01:44:07.400] Well, no, but the presumption that it is, that's my point. [01:44:07.400 --> 01:44:10.400] How do you get to a presumption if you're on the ground? [01:44:10.400 --> 01:44:16.400] Because all the courts, I mean, there's no one that's in court without a Social Security number. [01:44:16.400 --> 01:44:19.400] So the presumption is they're engaged in an insurance contract, [01:44:19.400 --> 01:44:21.400] which is the presumption is that you're in Maritime. [01:44:21.400 --> 01:44:22.400] No. [01:44:22.400 --> 01:44:23.400] Or Air Multi. [01:44:23.400 --> 01:44:26.400] There's no such presumption because you're in insurance. [01:44:26.400 --> 01:44:30.400] You can't say that there's not a presumption unless you were to actually go into court and argue it, though. [01:44:30.400 --> 01:44:31.400] Well, how do you get there? [01:44:31.400 --> 01:44:36.400] How do you get all of a sudden from insurance to Maritime? [01:44:36.400 --> 01:44:39.400] Because insurance came out of Maritime law. [01:44:39.400 --> 01:44:40.400] So? [01:44:40.400 --> 01:44:47.400] In the olden days, you can travel on the land, and if your ox got in an accident, you still had the goods. [01:44:47.400 --> 01:44:48.400] You didn't lose it. [01:44:48.400 --> 01:44:49.400] All insurance came out of it. [01:44:49.400 --> 01:44:50.400] This is not the old days. [01:44:50.400 --> 01:44:51.400] Okay. [01:44:51.400 --> 01:44:52.400] Well, but now. [01:44:52.400 --> 01:44:56.400] These days and in these days, how do we get there? [01:44:56.400 --> 01:44:57.400] Okay. [01:44:57.400 --> 01:45:04.400] The thing is, the difference is you're talking Admiralty jurisdiction versus Maritime law. [01:45:04.400 --> 01:45:09.400] Admiralty jurisdiction is the jurisdiction for Maritime law. [01:45:09.400 --> 01:45:10.400] That's what I thought. [01:45:10.400 --> 01:45:11.400] Well, okay. [01:45:11.400 --> 01:45:15.400] There's not a distinction because one is what governs the other. [01:45:15.400 --> 01:45:16.400] Okay. [01:45:16.400 --> 01:45:25.400] What you were doing earlier in drawing the distinction between Maritime and Admiralty was a distinction without a difference. [01:45:25.400 --> 01:45:29.400] Because if it's Admiralty, it's Maritime. [01:45:29.400 --> 01:45:31.400] If it's Maritime, it's Admiralty. [01:45:31.400 --> 01:45:34.400] Well, let me ask you this. [01:45:34.400 --> 01:45:36.400] Is the United States bankrupt or not? [01:45:36.400 --> 01:45:39.400] Separate issue. [01:45:39.400 --> 01:45:41.400] Yes, it's been bankrupt since 1812. [01:45:41.400 --> 01:45:43.400] What's that got to do with Maritime? [01:45:43.400 --> 01:45:46.400] Who are we in bankruptcy to? [01:45:46.400 --> 01:45:49.400] Wait, do what? [01:45:49.400 --> 01:45:51.400] Who are we in bankruptcy to? [01:45:51.400 --> 01:45:52.400] Who do we owe? [01:45:52.400 --> 01:45:54.400] Who are we bankrupt to? [01:45:54.400 --> 01:45:57.400] I think we bankrupted to England first. [01:45:57.400 --> 01:45:58.400] Yes, that's right. [01:45:58.400 --> 01:45:59.400] That's what happened with Roosevelt. [01:45:59.400 --> 01:46:02.400] No, it's France because France bought the debt from England. [01:46:02.400 --> 01:46:04.400] Well, it doesn't matter though. [01:46:04.400 --> 01:46:05.400] Therefore, it's a foreign nation. [01:46:05.400 --> 01:46:08.400] The U.S. Corporation is in bankruptcy right now. [01:46:08.400 --> 01:46:09.400] Okay. [01:46:09.400 --> 01:46:11.400] Well, what does that have to do with Maritime? [01:46:11.400 --> 01:46:17.400] Well, you have to have some law that both countries can recognize. [01:46:17.400 --> 01:46:19.400] You're not going to operate under U.S. law. [01:46:19.400 --> 01:46:22.400] You're not going to operate under France or England law, so you have to have that common law. [01:46:22.400 --> 01:46:32.400] What do you think all that big deal about the law of the sea thing was all about recently in the past year in the news and everything? [01:46:32.400 --> 01:46:39.400] Okay, but just because the Corporation of the USA is in a state of bankruptcy and has been since Roosevelt, [01:46:39.400 --> 01:46:46.400] how does that translate to admiralty jurisdiction? [01:46:46.400 --> 01:46:52.400] Well, like I said, admiralty is with the king. [01:46:52.400 --> 01:46:54.400] Okay, maritime jurisdiction. [01:46:54.400 --> 01:46:57.400] Okay, the maritime jurisdiction. [01:46:57.400 --> 01:47:03.400] Well, because a Federal Reserve note obviously can't be recognized at common law, right? [01:47:03.400 --> 01:47:04.400] Right. [01:47:04.400 --> 01:47:05.400] You can't recognize it. [01:47:05.400 --> 01:47:06.400] It doesn't have value. [01:47:06.400 --> 01:47:12.400] Okay, that's Harmon Taylor's issue, but what that does is get us there by conjecture. [01:47:12.400 --> 01:47:20.400] The only place we can use the reserve notes is in the maritime, so therefore we must be in the maritime. [01:47:20.400 --> 01:47:24.400] That's getting there by conjecture, and I can't get there by conjecture. [01:47:24.400 --> 01:47:28.400] Okay, but we know that a Federal Reserve note does not have value, correct? [01:47:28.400 --> 01:47:30.400] Wait, that's still a separate issue. [01:47:30.400 --> 01:47:31.400] How does that go to maritime? [01:47:31.400 --> 01:47:33.400] Does that have anything to do with maritime? [01:47:33.400 --> 01:47:36.400] Well, it is by conjecture because under the common law, [01:47:36.400 --> 01:47:41.400] if you contract with someone to paint their house for 100 Federal Reserve notes, under the common law, [01:47:41.400 --> 01:47:45.400] that contract can't be recognized because you're not getting anything. [01:47:45.400 --> 01:47:46.400] Under the common law. [01:47:46.400 --> 01:47:47.400] Under common law? [01:47:47.400 --> 01:47:50.400] You can barter for anything you want to. [01:47:50.400 --> 01:47:51.400] Well, wait a minute. [01:47:51.400 --> 01:47:54.400] Contracts that have no consideration are not valid contracts. [01:47:54.400 --> 01:47:55.400] That's what he's saying, Randy. [01:47:55.400 --> 01:47:56.400] Right, there he goes. [01:47:56.400 --> 01:47:57.400] It doesn't matter. [01:47:57.400 --> 01:48:06.400] If I accept green frog skins for compensation, for consideration, that's my business under common law. [01:48:06.400 --> 01:48:11.400] Okay, but that's fine if you don't want to make that an issue in court, [01:48:11.400 --> 01:48:15.400] but if you turn around and thought you were getting consideration, then it is an issue. [01:48:15.400 --> 01:48:16.400] Then it's fraud. [01:48:16.400 --> 01:48:18.400] Well, that doesn't go to maritime. [01:48:18.400 --> 01:48:20.400] That just goes to fraud. [01:48:20.400 --> 01:48:21.400] No, no. [01:48:21.400 --> 01:48:25.400] Well, that goes to what the court can recognize as a contract. [01:48:25.400 --> 01:48:26.400] You have to agree. [01:48:26.400 --> 01:48:29.400] Both parties have to agree that a Federal Reserve note has value, [01:48:29.400 --> 01:48:32.400] and then obviously you're in a commercial type setting. [01:48:32.400 --> 01:48:36.400] How does that imply maritime jurisdiction, though? [01:48:36.400 --> 01:48:38.400] Who owns the Federal Reserve note? [01:48:38.400 --> 01:48:39.400] Who cares? [01:48:39.400 --> 01:48:41.400] What does that have to do with anything? [01:48:41.400 --> 01:48:43.400] Well, because if it's a foreign entity that owns it, [01:48:43.400 --> 01:48:52.400] then you have to have some form of law that both nations would recognize. [01:48:52.400 --> 01:48:53.400] No, you don't. [01:48:53.400 --> 01:48:59.400] Not if the transaction is within a jurisdiction. [01:48:59.400 --> 01:49:03.400] It doesn't matter if the one who owns it is foreign or not. [01:49:03.400 --> 01:49:09.400] He has minimal context under international chew. [01:49:09.400 --> 01:49:15.400] Jurisdiction is within the boundaries of whatever state or the United States, [01:49:15.400 --> 01:49:17.400] wherever it's at. [01:49:17.400 --> 01:49:19.400] And that's another issue, though. [01:49:19.400 --> 01:49:23.400] Where can you find a state that has a boundary? [01:49:23.400 --> 01:49:26.400] Every state has a boundary. [01:49:26.400 --> 01:49:29.400] Well, our Constitution in Illinois doesn't have a boundary on it. [01:49:29.400 --> 01:49:31.400] It's gone. [01:49:31.400 --> 01:49:32.400] The state has a boundary. [01:49:32.400 --> 01:49:34.400] It has a very clearly defined boundary. [01:49:34.400 --> 01:49:39.400] It does, but the state of Illinois doesn't. [01:49:39.400 --> 01:49:43.400] You keep jumping to different issues that don't have anything to do with the point. [01:49:43.400 --> 01:49:44.400] No, because they're all connected. [01:49:44.400 --> 01:49:45.400] The presumption is... [01:49:45.400 --> 01:49:47.400] How are they connected? [01:49:47.400 --> 01:49:53.400] You're just assuming, and I can't assume, that because the Constitution of Illinois [01:49:53.400 --> 01:50:00.400] doesn't have a boundary that somehow maritime jurisdiction comes in off the sea. [01:50:00.400 --> 01:50:05.400] Well, we know that the Federal Constitution says no state shall make anything [01:50:05.400 --> 01:50:07.400] but gold and silver payment of debt, right? [01:50:07.400 --> 01:50:08.400] Right. [01:50:08.400 --> 01:50:09.400] Does Illinois use... [01:50:09.400 --> 01:50:10.400] However... [01:50:10.400 --> 01:50:13.400] Does the state of Illinois use gold and silver payment of debt? [01:50:13.400 --> 01:50:14.400] No. [01:50:14.400 --> 01:50:15.400] Now, wait a minute. [01:50:15.400 --> 01:50:18.400] You're misreading the statute. [01:50:18.400 --> 01:50:23.400] The state of Illinois did not make anything legal tender. [01:50:23.400 --> 01:50:24.400] No, they didn't. [01:50:24.400 --> 01:50:26.400] They didn't do it. [01:50:26.400 --> 01:50:31.400] The federal government did it, and they can make Haribol's legal tender if they want to. [01:50:31.400 --> 01:50:38.400] Yeah, they can, and they can also have a federal territory called the state of Illinois. [01:50:38.400 --> 01:50:43.400] Okay, you see you keep jumping from one issue to another issue to another issue to another issue. [01:50:43.400 --> 01:50:46.400] We're still trying to talk about maritime law. [01:50:46.400 --> 01:50:49.400] If you're in bankruptcy, who are they owned by? [01:50:49.400 --> 01:50:53.400] Listen, you're doing what a lot of these legal reform guys do. [01:50:53.400 --> 01:50:54.400] What's that? [01:50:54.400 --> 01:51:00.400] You try to convolute this with every kind of argument that you can pull out of a hat, [01:51:00.400 --> 01:51:03.400] all sorts of conjecture on top of conjecture. [01:51:03.400 --> 01:51:06.400] We could never get anywhere this way. [01:51:06.400 --> 01:51:08.400] I'm still trying to understand... [01:51:08.400 --> 01:51:09.400] We're talking about everything all at once. [01:51:09.400 --> 01:51:12.400] I'm still trying to understand that just because you use a Federal Reserve note, [01:51:12.400 --> 01:51:13.400] that somehow invokes maritime. [01:51:13.400 --> 01:51:15.400] I still don't get that part, [01:51:15.400 --> 01:51:21.400] because the transaction would have to be done over the water, from what I understand. [01:51:21.400 --> 01:51:24.400] Well, there's only two or three... [01:51:24.400 --> 01:51:28.400] That's where he's getting the incurred debt from, is over the water. [01:51:28.400 --> 01:51:29.400] Yeah, because... [01:51:29.400 --> 01:51:31.400] How do you get the incurred debt over the water? [01:51:31.400 --> 01:51:35.400] Because of who we owe for the national debt to the bankruptcy. [01:51:35.400 --> 01:51:37.400] That has nothing to do with navigating. [01:51:37.400 --> 01:51:38.400] No, no, no, I understand that. [01:51:38.400 --> 01:51:40.400] I'm just saying that's where he's getting it from. [01:51:40.400 --> 01:51:41.400] Right. [01:51:41.400 --> 01:51:47.400] Because someone happens to live on the other side of the water, [01:51:47.400 --> 01:51:50.400] they're not on the water. [01:51:50.400 --> 01:51:52.400] Yeah, it has to be on the water. [01:51:52.400 --> 01:51:55.400] Well, the point is that who's going to enforce what? [01:51:55.400 --> 01:51:57.400] I mean, so we can just put a line... [01:51:57.400 --> 01:51:58.400] Oh, this is easy. [01:51:58.400 --> 01:51:59.400] This is easy. [01:51:59.400 --> 01:52:05.400] If you are in the state, within the defined boundaries of the state, [01:52:05.400 --> 01:52:11.400] and you're doing business with someone else who is within the defined boundaries of the state, [01:52:11.400 --> 01:52:12.400] the state has jurisdiction. [01:52:12.400 --> 01:52:16.400] If you are in one state doing business with someone in another state, [01:52:16.400 --> 01:52:18.400] the Fed has jurisdiction. [01:52:18.400 --> 01:52:23.400] If you're in one country and you're dealing with someone in another country... [01:52:23.400 --> 01:52:24.400] You're out of luck. [01:52:24.400 --> 01:52:25.400] ...the international law has jurisdiction. [01:52:25.400 --> 01:52:27.400] This is not complex. [01:52:27.400 --> 01:52:32.400] Well, it's not, and the thing is the statute clearly defined what this state is, [01:52:32.400 --> 01:52:34.400] and this state is the state of Illinois. [01:52:34.400 --> 01:52:36.400] We're not going to go to this state argument. [01:52:36.400 --> 01:52:37.400] It still doesn't... [01:52:37.400 --> 01:52:41.400] Yeah, and if you're in one country and the other entity is in another country, [01:52:41.400 --> 01:52:44.400] like Randy was saying, there are international courts, [01:52:44.400 --> 01:52:49.400] that still doesn't invoke maritime law here in this country. [01:52:49.400 --> 01:52:53.400] It's an over-the-seas jurisdiction that... [01:52:53.400 --> 01:52:54.400] Not over-the-seas. [01:52:54.400 --> 01:52:56.400] It has to be on the water. [01:52:56.400 --> 01:52:57.400] It has to be on. [01:52:57.400 --> 01:53:05.400] Okay, but my point is, my original point is insurance claims came out of the sea. [01:53:05.400 --> 01:53:09.400] They came out of the sea, but they're not necessarily maritime. [01:53:09.400 --> 01:53:13.400] Well, they're not, but the presumption is in court. [01:53:13.400 --> 01:53:15.400] No, there is no such presumption in court. [01:53:15.400 --> 01:53:17.400] Well, how would you know that? [01:53:17.400 --> 01:53:22.400] How do we know that there is a presumption in court? [01:53:22.400 --> 01:53:23.400] System's got a mystical argument. [01:53:23.400 --> 01:53:27.400] It's real easy. You have to invoke it. [01:53:27.400 --> 01:53:30.400] I would like to see proof that there is a presumption like that. [01:53:30.400 --> 01:53:31.400] No, there isn't. [01:53:31.400 --> 01:53:35.400] You have to claim the venue. [01:53:35.400 --> 01:53:39.400] If you claim maritime law on an insurance contract, [01:53:39.400 --> 01:53:45.400] you have to prove that maritime has subject matter jurisdiction. [01:53:45.400 --> 01:53:48.400] And if you come with an insurance policy, [01:53:48.400 --> 01:53:55.400] that insurance is something that doesn't have to do with traveling on navigable waters, [01:53:55.400 --> 01:53:58.400] you don't invoke maritime. [01:53:58.400 --> 01:53:59.400] There's no presumption. [01:53:59.400 --> 01:54:01.400] You have to prove it. [01:54:01.400 --> 01:54:03.400] That guy from, I think he was from New York, [01:54:03.400 --> 01:54:07.400] he read that case that said that U.S. citizens are vessels. [01:54:07.400 --> 01:54:09.400] And if a vessel has insurance... [01:54:09.400 --> 01:54:10.400] So what? [01:54:10.400 --> 01:54:13.400] Obviously, the presumption is that you're in Admiralty or maritime. [01:54:13.400 --> 01:54:15.400] No, there's no such presumption. [01:54:15.400 --> 01:54:19.400] I'm sitting here looking at a vessel, and it's full of beer. [01:54:19.400 --> 01:54:21.400] Just because the vessel... [01:54:21.400 --> 01:54:23.400] That's what we were talking about with the gentleman from New York. [01:54:23.400 --> 01:54:26.400] The vessel does not invoke maritime. [01:54:26.400 --> 01:54:28.400] Being on the water does. [01:54:28.400 --> 01:54:32.400] If there's insurance attached to it, then there's presumption that it is. [01:54:32.400 --> 01:54:39.400] If I insure this beer bottle, it's a vessel, but it's not maritime. [01:54:39.400 --> 01:54:46.400] How is that associated with navigable water? [01:54:46.400 --> 01:54:48.400] That's the presumption. [01:54:48.400 --> 01:54:50.400] What presumption? [01:54:50.400 --> 01:54:54.400] What creates the presumption? [01:54:54.400 --> 01:54:59.400] You'd have to argue that to find out whether they're making that presumption or not. [01:54:59.400 --> 01:55:00.400] Has anybody ever argued? [01:55:00.400 --> 01:55:05.400] Look, if you're the plaintiff, the burden of proof is on you. [01:55:05.400 --> 01:55:07.400] Well, not if they're coming after you, though. [01:55:07.400 --> 01:55:09.400] You could be the defendant. [01:55:09.400 --> 01:55:13.400] Well, if they claim maritime jurisdiction... [01:55:13.400 --> 01:55:14.400] They have to prove it. [01:55:14.400 --> 01:55:15.400] They have to prove it. [01:55:15.400 --> 01:55:17.400] There's no presumption here. [01:55:17.400 --> 01:55:23.400] Prove it up, Bubba. [01:55:23.400 --> 01:55:24.400] Well, you have to argue it. [01:55:24.400 --> 01:55:27.400] Have you ever argued that it's not maritime? [01:55:27.400 --> 01:55:34.400] No one has ever come after me claiming maritime jurisdiction, so I've never had to argue against it. [01:55:34.400 --> 01:55:37.400] No, when they sit there, usually when they argue against you in court, [01:55:37.400 --> 01:55:41.400] they're referring to the code of criminal procedure, the penal code... [01:55:41.400 --> 01:55:42.400] The traffic code. [01:55:42.400 --> 01:55:43.400] ...and so on and so forth. [01:55:43.400 --> 01:55:46.400] So no, they're not arguing maritime jurisdiction. [01:55:46.400 --> 01:55:50.400] They're arguing statutory, which is one of the things Randy talks about all the time, [01:55:50.400 --> 01:55:52.400] but that's what they're doing. [01:55:52.400 --> 01:55:56.400] And people are trying to merge the two when that's oil and water. [01:55:56.400 --> 01:55:58.400] They don't mix. [01:55:58.400 --> 01:55:59.400] Right. [01:55:59.400 --> 01:56:00.400] I agree. [01:56:00.400 --> 01:56:02.400] They don't mix, but you'd have to make that argument. [01:56:02.400 --> 01:56:05.400] And the statutes also do not have implementing regulation. [01:56:05.400 --> 01:56:09.400] The implementing clause is supposed to come from each of the states. [01:56:09.400 --> 01:56:10.400] Separate issue. [01:56:10.400 --> 01:56:12.400] It's a private contract. [01:56:12.400 --> 01:56:13.400] Separate issue. [01:56:13.400 --> 01:56:14.400] No, it's not. [01:56:14.400 --> 01:56:15.400] Well, it's private, so... [01:56:15.400 --> 01:56:17.400] It doesn't go to maritime. [01:56:17.400 --> 01:56:20.400] Look at the Black's Law Dictionary at the front. [01:56:20.400 --> 01:56:21.400] What does it list? [01:56:21.400 --> 01:56:23.400] It lists all the kings of England. [01:56:23.400 --> 01:56:24.400] Okay. [01:56:24.400 --> 01:56:26.400] No, no, wait, wait, wait. [01:56:26.400 --> 01:56:33.400] We're not going to do every legal reform argument we can come up with. [01:56:33.400 --> 01:56:35.400] We're trying to stay with maritime. [01:56:35.400 --> 01:56:36.400] Well, I know. [01:56:36.400 --> 01:56:38.400] I know, but that's just it. [01:56:38.400 --> 01:56:40.400] It's all related. [01:56:40.400 --> 01:56:42.400] How? [01:56:42.400 --> 01:56:46.400] You're making these assertions, but I can't get any connections. [01:56:46.400 --> 01:56:48.400] Insurance. [01:56:48.400 --> 01:56:49.400] It's all related. [01:56:49.400 --> 01:56:50.400] How? [01:56:50.400 --> 01:56:52.400] How is insurance related? [01:56:52.400 --> 01:56:59.400] I would like to see some statute or case law that shows that if there's an insurance policy, it necessarily invokes maritime. [01:56:59.400 --> 01:57:06.400] I mean, we need something a little bit more concrete, not just that insurance policies originated with ships. [01:57:06.400 --> 01:57:07.400] In maritime. [01:57:07.400 --> 01:57:08.400] That's okay. [01:57:08.400 --> 01:57:09.400] That's not enough. [01:57:09.400 --> 01:57:22.400] What we can find that shows where a pleading can draw directly into maritime is if the jurisdictional statement within the pleading itself references 28 USC 1333 or 1337. [01:57:22.400 --> 01:57:27.400] But that is where the jurisdiction must be brought into play when the pleading is filed. [01:57:27.400 --> 01:57:33.400] If it does not exist in the pleading, then it's not invoking that jurisdiction for that pleading. [01:57:33.400 --> 01:57:42.400] So it has to somehow mention that statute or show that that statute is relevant in order to invoke maritime, period. [01:57:42.400 --> 01:57:43.400] Is that what you're saying, Eddie? [01:57:43.400 --> 01:57:46.400] To invoke the jurisdiction of the court under their admiralty, yes. [01:57:46.400 --> 01:57:47.400] Okay, well there you go. [01:57:47.400 --> 01:57:49.400] And there's no presumption there. [01:57:49.400 --> 01:57:52.400] That's a proactive statement of jurisdiction. [01:57:52.400 --> 01:57:57.400] And now if I'm on the other side, I have opportunity to challenge that jurisdiction. [01:57:57.400 --> 01:57:58.400] Right. [01:57:58.400 --> 01:58:01.400] Right. [01:58:01.400 --> 01:58:04.400] Okay, well listen, we're at the end of the show, Mike. [01:58:04.400 --> 01:58:05.400] Listen, Mike, we're at the end of the show. [01:58:05.400 --> 01:58:08.400] You can hang on if you want. [01:58:08.400 --> 01:58:14.400] But when we get after midnight, I do want to go to the other callers first who have been hanging for a long time, and then we can go back to you. [01:58:14.400 --> 01:58:17.400] Callers, we've got about three other callers on the line. [01:58:17.400 --> 01:58:19.400] There were like five or six. [01:58:19.400 --> 01:58:24.400] So anyone out there listening who wants to call in, I'll keep the phone lines open for about another half hour or so. [01:58:24.400 --> 01:58:27.400] And then we'll take all the rest of the calls. [01:58:27.400 --> 01:58:28.400] All right. [01:58:28.400 --> 01:58:55.400] So we will be right back, the rule of law. [01:58:55.400 --> 01:59:12.400] All right. [01:59:12.400 --> 01:59:36.400] All right. [01:59:36.400 --> 01:59:51.400] All right. [01:59:51.400 --> 02:00:06.400] All right.