[00:00.000 --> 00:05.400]  This news brief brought to you by the International News Net.
[00:05.400 --> 00:12.120]  The Taliban and Al Qaeda both say they did not explode the bombs that caused 111 deaths
[00:12.120 --> 00:14.320]  in Peshawar, Pakistan, Wednesday.
[00:14.320 --> 00:20.200]  The Pakistani paper The News quoted an Al Qaeda source as saying the group was not involved
[00:20.200 --> 00:26.240]  in killing innocent women and children, but on elements who want to defame jihad.
[00:26.240 --> 00:31.320]  Iran told the UN nuclear watchdog Thursday it would not accept a plan its negotiators
[00:31.320 --> 00:36.640]  agreed to last week to send its stockpile of uranium out of the country.
[00:36.640 --> 00:41.640]  Iran's rejection could unwind Barack Obama's effort to buy time to resolve the nuclear
[00:41.640 --> 00:44.400]  standoff.
[00:44.400 --> 00:50.400]  In Baghdad, 11 army officers and 50 security officials were arrested Thursday following
[00:50.400 --> 00:55.320]  last Sunday's suicide bombings that killed 155 people.
[00:55.320 --> 01:00.080]  The massive blasts angered Iraqis who questioned how the suicide bombers could have got their
[01:00.080 --> 01:06.120]  explosive-laden vehicles past multiple checkpoints.
[01:06.120 --> 01:11.600]  Federal prosecutors say Stuart Nozet, the US scientist charged with spying for Israel,
[01:11.600 --> 01:14.640]  asked for $2 million for his secrets.
[01:14.640 --> 01:20.020]  The FBI arrested Nozet earlier in October as he attempted to deliver state secrets to
[01:20.020 --> 01:23.840]  an undercover agent disguised as an Israeli spy.
[01:23.840 --> 01:28.120]  During his last meeting with the undercover agent, Nozet said he had crossed the Rubicon
[01:28.120 --> 01:30.680]  and wanted $2 million for the secrets.
[01:30.680 --> 01:36.160]  Nozet had held government positions that gave him access to very sensitive information.
[01:36.160 --> 01:40.560]  Nozet had also worked as a consultant for an aerospace company owned by the Israeli
[01:40.560 --> 01:45.920]  government and was working on a lunar mission run by India's space agency.
[01:45.920 --> 01:50.440]  According to law enforcement officials, Nozet told a colleague he would flee to India or
[01:50.440 --> 01:55.480]  Israel if the US government tried to put him in jail, saying he would share everything
[01:55.480 --> 02:05.640]  he knew with those governments.
[02:05.640 --> 02:10.960]  Lack of adequate health care may have contributed to the deaths of 17,000 children over the
[02:10.960 --> 02:12.880]  past two decades.
[02:12.880 --> 02:17.440]  According to a study by Johns Hopkins Children's Center, the research published Friday in the
[02:17.440 --> 02:23.400]  Journal of Public Health was compiled from more than 23 million hospital records in 37
[02:23.400 --> 02:27.200]  states between 1988 and 2005.
[02:27.200 --> 02:33.000]  Fizan Abdullah, lead writer of the study, said a seriously ill child without insurance
[02:33.000 --> 02:37.680]  was 60% more likely to die than a sick child who had insurance.
[02:37.680 --> 02:43.360]  The report said with some 7 million uninsured children in the US, the problem needed addressing
[02:43.360 --> 02:44.360]  immediately.
[02:44.360 --> 02:49.600]  Peter Pronovost, director of critical care medicine at Johns Hopkins said, �In a country
[02:49.600 --> 02:54.520]  as wealthy as ours, the need to provide health care to millions of children who lack it is
[02:54.520 --> 03:20.120]  immoral, not an economic imperative.�
[03:24.520 --> 03:54.440]  We were talking to Melanie from California, and before we went to break, I was talking
[03:54.440 --> 04:07.680]  and preaching about how we should handle ourselves, and this is my pet issue, that we live in
[04:07.680 --> 04:17.200]  a country where nobody cares about law anymore.
[04:17.200 --> 04:24.160]  Would you recognize a police state if you were in one?
[04:24.160 --> 04:35.680]  And how would a police state look in the United States or in Texas?
[04:35.680 --> 04:43.920]  And I suspect from the seminars I've done elsewhere that the figures are going to be
[04:43.920 --> 04:46.840]  relatively consistent.
[04:46.840 --> 04:55.760]  The average conviction rate in Texas, 99.6.
[04:55.760 --> 05:00.160]  What would a police state look like?
[05:00.160 --> 05:08.000]  The United States contains approximately 3% of the world's population.
[05:08.000 --> 05:17.640]  We house approximately 50% of the world's population of inmates.
[05:17.640 --> 05:22.040]  What would a police state look like?
[05:22.040 --> 05:26.760]  We really need to do something.
[05:26.760 --> 05:34.640]  I do not want my grandchildren growing up in this kind of a society.
[05:34.640 --> 05:41.000]  And the fact of the matter is, unless the people that it's actually happening to are
[05:41.000 --> 05:47.160]  the ones that initiate it, those on the outside really can't do it for them in these cases.
[05:47.160 --> 05:51.440]  It's got to be by those they're costing.
[05:51.440 --> 05:54.720]  I know everybody doesn't want to have to fight that fight and would rather just see it go
[05:54.720 --> 06:04.080]  away, but the fact is, as long as it's occurring, everybody's at risk and it's getting worse.
[06:04.080 --> 06:06.840]  But the time is right.
[06:06.840 --> 06:10.840]  A lot of political unrest now.
[06:10.840 --> 06:16.240]  There's going to be a lot more as the economy degrades.
[06:16.240 --> 06:24.760]  And all the estimates are it's expected to degrade for another two to four years before
[06:24.760 --> 06:28.400]  it bottoms out, stabilizes, and begins to come back up.
[06:28.400 --> 06:36.300]  They're looking at a good 10 years of economic difficulty.
[06:36.300 --> 06:38.120]  That doesn't mean everybody's going to starve to death.
[06:38.120 --> 06:42.440]  It just means that things are going to get very difficult.
[06:42.440 --> 06:49.320]  And as they get difficult, the population is going to get restless.
[06:49.320 --> 06:51.000]  They are not going to be happy.
[06:51.000 --> 06:53.800]  So the time is right.
[06:53.800 --> 06:59.560]  It's a good time to stand up and make some change.
[06:59.560 --> 07:06.080]  It seems the pendulum of justice has swung way off center.
[07:06.080 --> 07:08.920]  And it always seems the case.
[07:08.920 --> 07:15.520]  The further off center something gets, the more gravity tries to pull it back.
[07:15.520 --> 07:21.040]  So the gravity is building up and we need to assist it.
[07:21.040 --> 07:24.040]  It's a lot easier than you think.
[07:24.040 --> 07:28.000]  Ninety percent of this you do with paperwork.
[07:28.000 --> 07:31.640]  We do filing motions with the court.
[07:31.640 --> 07:36.560]  And Melanie, if you're going to be here in Texas while the case is going on in California,
[07:36.560 --> 07:42.040]  you can do 90 percent of it through the mail and most likely make this go away through
[07:42.040 --> 07:44.360]  the mail.
[07:44.360 --> 07:49.040]  Can I be in Texas with my son without them trying to come and get him from me?
[07:49.040 --> 07:50.040]  No.
[07:50.040 --> 07:55.120]  There's nothing here that has anything to do with child endangerment.
[07:55.120 --> 07:56.120]  Yeah.
[07:56.120 --> 08:00.560]  And if they actually show up on your doorstep, they're going to have a bigger problem than
[08:00.560 --> 08:01.800]  they believe they are.
[08:01.800 --> 08:02.800]  Yeah.
[08:02.800 --> 08:05.680]  If they show up on your doorstep, call 911 quickly.
[08:05.680 --> 08:06.680]  Yes.
[08:06.680 --> 08:11.560]  And if they do cooperate with them in that response, then please call us immediately
[08:11.560 --> 08:12.560]  and let us know.
[08:12.560 --> 08:13.560]  All right.
[08:13.560 --> 08:14.560]  Yes.
[08:14.560 --> 08:17.880]  And there is a lot you can do.
[08:17.880 --> 08:25.160]  It takes some study and it takes research, but this is your life.
[08:25.160 --> 08:30.760]  And these guys will steal it if they can, just so they can suck out every dime that
[08:30.760 --> 08:32.000]  you can create.
[08:32.000 --> 08:42.880]  This 13th Amendment calls this peonage, slavery, and that's exactly what it is.
[08:42.880 --> 08:50.920]  They put people in a position to where they have to work constantly to do nothing more
[08:50.920 --> 08:56.460]  than to give their money to these government agencies.
[08:56.460 --> 09:02.680]  We enslave them to the government and it's got to stop.
[09:02.680 --> 09:04.780]  You're just dollar flow to them.
[09:04.780 --> 09:12.640]  So what you need to do is cost them more than they could ever consider making.
[09:12.640 --> 09:15.520]  And you can do it with the paperwork.
[09:15.520 --> 09:17.640]  They didn't get you to a magistrate.
[09:17.640 --> 09:21.120]  They've got a problem.
[09:21.120 --> 09:26.540]  Now you get to charge them criminally, you get to sue them.
[09:26.540 --> 09:31.160]  Now you have the appearance of costing them a whole lot more money than they could ever
[09:31.160 --> 09:33.400]  hope to make from you.
[09:33.400 --> 09:41.640]  And one thing about your initial story I found interesting, these were officers from a separate
[09:41.640 --> 09:42.640]  county?
[09:42.640 --> 09:44.640]  Yes, sir.
[09:44.640 --> 09:52.160]  How did they get authority to come in a separate county and arrest?
[09:52.160 --> 09:55.280]  Were there local county officers there?
[09:55.280 --> 09:57.280]  Accompanying them, yes.
[09:57.280 --> 10:02.480]  They brought some local ones along with them so they could really know what the case was
[10:02.480 --> 10:04.480]  about very much.
[10:04.480 --> 10:05.480]  Good.
[10:05.480 --> 10:08.080]  Then go after the locals.
[10:08.080 --> 10:10.880]  They're just helping these other guys.
[10:10.880 --> 10:17.760]  You go after the locals and sue them personally, sue their wives.
[10:17.760 --> 10:22.320]  They will go ballistic on the guys that brought them there.
[10:22.320 --> 10:26.960]  Let's see if we can't set these guys against one another.
[10:26.960 --> 10:28.800]  But writing a civil suit's really easy.
[10:28.800 --> 10:30.800]  It's beefcake.
[10:30.800 --> 10:31.800]  Just nobody does it.
[10:31.800 --> 10:36.000]  And it puts you in a driver's seat.
[10:36.000 --> 10:42.360]  But stay in close touch so we can keep up with this and we probably need to talk off
[10:42.360 --> 10:49.040]  the air and we can give you some ideas of what to do to help handle this thing.
[10:49.040 --> 10:54.640]  All right, then would you suggest that I do call the Texas one and check in with them
[10:54.640 --> 10:57.880]  over the phone and try to say anything or that I do not call?
[10:57.880 --> 10:58.880]  No.
[10:58.880 --> 10:59.880]  I suggest you do not.
[10:59.880 --> 11:00.880]  Okay.
[11:00.880 --> 11:01.880]  Thank you very much.
[11:01.880 --> 11:05.040]  If they want to talk to you, they'll call you.
[11:05.040 --> 11:06.040]  Okay.
[11:06.040 --> 11:07.040]  Okay.
[11:07.040 --> 11:08.040]  All right.
[11:08.040 --> 11:09.040]  Well, I will stay in contact.
[11:09.040 --> 11:10.040]  Thank you.
[11:10.040 --> 11:11.040]  Okey-doke.
[11:11.040 --> 11:12.040]  Okay.
[11:12.040 --> 11:14.040]  Now we're going to go to Joyce from New Jersey.
[11:14.040 --> 11:15.040]  Hello, Joyce.
[11:15.040 --> 11:16.040]  What's on your mind tonight?
[11:16.040 --> 11:17.040]  Hello.
[11:17.040 --> 11:18.040]  Hi.
[11:18.040 --> 11:19.040]  How are you?
[11:19.040 --> 11:29.120]  Well, I just wanted to say hello, really, and to tell you that I'm still in the trenches
[11:29.120 --> 11:36.840]  in New Jersey, but we had a complexion change in the case.
[11:36.840 --> 11:44.520]  When I defaulted it, actually, I want to tell you about a different case.
[11:44.520 --> 11:51.280]  I was drugged back in by another attorney that I had the past three years with, of course,
[11:51.280 --> 11:55.120]  and I had to answer their complaint.
[11:55.120 --> 12:04.440]  So I cross-claimed and just submitted an affidavit, and in the middle of the night, I woke up
[12:04.440 --> 12:12.560]  with a promissory stoppile on my mind, so I got up, made coffee, and proceeded to turn
[12:12.560 --> 12:22.040]  on my computer and research promissory stoppile, and I realized all the elements had been met
[12:22.040 --> 12:29.880]  for this case, so I finished my affidavit, got it notarized, but on the affidavit, I
[12:29.880 --> 12:36.840]  reserved the right of filing additional criminal charges and submitted it and proceeded into
[12:36.840 --> 12:37.840]  court.
[12:37.840 --> 12:46.800]  Well, needless to say, there's no love lost between this guy and I, and being down this
[12:46.800 --> 12:52.280]  way with him before, I lost my house, lost my business, everything I ever worked for.
[12:52.280 --> 12:57.840]  So I go in, and I get a preliminary order headed to me from the clerk, denying everything
[12:57.840 --> 13:07.360]  that the other side asked for, and we get up there, and he goes into the plaintiff's
[13:07.360 --> 13:13.520]  side of the courtroom, and I just stood there and looked at him, and he says, oh, yeah,
[13:13.520 --> 13:19.000]  I think I'm the defendant this time, so I thought he was going to crawl under the other
[13:19.000 --> 13:20.000]  table.
[13:20.000 --> 13:29.160]  So I moved into the plaintiff's, and I was sworn in, and I told the judge on the record,
[13:29.160 --> 13:36.320]  I said, Judge, this case needs all the elements of promissory stoppile and five judges.
[13:36.320 --> 13:41.000]  Only one judge could see it and hold it accordingly.
[13:41.000 --> 13:46.640]  And the other side says, Judge, I don't even know this girl.
[13:46.640 --> 13:49.920]  I don't know where she went, and I don't know anything about her, so all I know is she could
[13:49.920 --> 13:52.680]  be worth a million dollars.
[13:52.680 --> 14:00.080]  And I should have said, you know, he's bold-faced lying, because part of my affidavit was all
[14:00.080 --> 14:07.480]  perjury that was committed to when the first three and a half years danced with this guy.
[14:07.480 --> 14:13.240]  So I didn't, and the judge said, well, you have 30 days to submit.
[14:13.240 --> 14:19.680]  They wanted some more paperwork submitted, because I didn't do it on their form.
[14:19.680 --> 14:26.280]  But he said, I can't practice law from the time she's dead, but point your order for
[14:26.280 --> 14:30.880]  the clerk, he said, and do your enforcement.
[14:30.880 --> 14:35.600]  So with that, I felt like that was kind of a major victory, because all of my other...
[14:35.600 --> 14:39.680]  Okay, how did you get to promissory estoppel?
[14:39.680 --> 14:43.640]  For those who are listening who don't know what it is, let me give you the elements of
[14:43.640 --> 14:46.160]  promissory estoppel.
[14:46.160 --> 14:49.640]  The defendant made a promise to the plaintiff.
[14:49.640 --> 14:56.560]  The plaintiff reasonably and substantially relied on the promise to its detriment.
[14:56.560 --> 15:04.080]  Plaintiff reliance was foreseeable by the defendant, and injustice can be avoided only
[15:04.080 --> 15:06.760]  by enforcing defendant's promise.
[15:06.760 --> 15:12.240]  How did you get to promissory estoppel?
[15:12.240 --> 15:14.040]  I didn't get that in the story.
[15:14.040 --> 15:23.040]  Well, it was basically a verbal agreement, but it was witnessed by many people, and the
[15:23.040 --> 15:29.360]  terms of the agreement were met on my part, and it was...
[15:29.360 --> 15:36.600]  And they were all documented, and there was witnesses to attest to it all, if necessary.
[15:36.600 --> 15:45.400]  So I mean, when you research different forms of fraud and research different types of estoppel...
[15:45.400 --> 15:52.680]  By the way, promissory estoppel and other types of estoppel will...
[15:52.680 --> 15:57.680]  The statute of limitations, if there is any, and there really isn't any on fraud, that
[15:57.680 --> 16:04.680]  runs from the time it's discovered, but it negates any statute of limitations anyway.
[16:04.680 --> 16:10.400]  It doesn't matter, you know, you are entitled to be made whole.
[16:10.400 --> 16:11.400]  Right.
[16:11.400 --> 16:17.400]  So estoppel is not so much a cause of action in and of itself.
[16:17.400 --> 16:20.680]  It's something that occurs within another cause of action.
[16:20.680 --> 16:21.680]  Right.
[16:21.680 --> 16:28.680]  It's usually a breach of contract, or yeah, it's usually a breach of contract, but promissory
[16:28.680 --> 16:32.680]  estoppel deals more with unwritten contract.
[16:32.680 --> 16:38.680]  Yes, where they made a promise rather than entered into a written agreement.
[16:38.680 --> 16:40.680]  Okay, we're about to go to break.
[16:40.680 --> 16:44.040]  Hang on, we'll bring you back on the other side.
[16:44.040 --> 16:45.040]  Interesting topic.
[16:45.040 --> 16:51.080]  Randy Kelton, Eddie Craig, Debra has the night off, Rooted Law Radio.
[16:51.080 --> 16:58.080]  We will be right back.
[16:58.080 --> 17:08.600]  Yes, the light is shining more and more under the perfect day, and a new world is coming
[17:08.600 --> 17:09.600]  soon.
[17:09.600 --> 17:14.520]  Please, come check out the personal peace, liberty, and justice seminar beginning this
[17:14.520 --> 17:21.240]  Saturday from 3 to 4 o'clock at Brave New Books, 1904 Guadalupe in Austin, Texas, across from
[17:21.240 --> 17:22.240]  UT.
[17:22.240 --> 17:26.200]  Find out what's personally in store, straight from the bravest books of all time.
[17:26.200 --> 17:29.000]  This could be the most important meeting you'll ever attend.
[17:29.000 --> 17:31.160]  The truth shall make us free.
[17:31.160 --> 17:36.400]  There's no registration and like all the best things in life, yes, it's absolutely free.
[17:36.400 --> 17:42.280]  Personal peace, liberty, and justice, hope for a new world, this Saturday, October 31st,
[17:42.280 --> 17:44.880]  3 p.m., Brave New Books.
[17:44.880 --> 17:45.880]  I dare you.
[17:45.880 --> 18:13.280]  Hope to see you there.
[18:13.280 --> 18:36.640]  You know what I mean, my friend, Nala Jatchez, come on.
[18:36.640 --> 18:40.040]  Okay, Randy Kelton, Eddie Craig, we're back.
[18:40.040 --> 18:45.960]  We're talking to Joyce in New Jersey, and Joyce is sort of a regular caller.
[18:45.960 --> 18:48.960]  We haven't heard from you in a while.
[18:48.960 --> 18:49.960]  Okay.
[18:49.960 --> 19:00.400]  Okay, we were talking about estoppel, and in this case, promissory estoppel, and estoppel
[19:00.400 --> 19:02.080]  really is what it sounds like.
[19:02.080 --> 19:09.760]  It means they are estopped from doing whatever they were doing or from enjoying some privilege
[19:09.760 --> 19:18.600]  either their statutory estoppel or, in this case, promissory estoppel.
[19:18.600 --> 19:27.040]  And as we were saying, estoppel is generally not the cause of action itself, but it's a
[19:27.040 --> 19:34.240]  matter that occurs within a cause of action, and for the most part, it goes to breach of
[19:34.240 --> 19:41.760]  contract because there has to be, for promissory estoppel, there has to be some kind of agreement
[19:41.760 --> 19:49.520]  that was breached, and promissory estoppel will go to how the agreement was breached.
[19:49.520 --> 19:57.600]  Is that right, Joyce, or can you explain that a little better than I did?
[19:57.600 --> 20:06.160]  Oh, I guess you can explain it better if I unmute you.
[20:06.160 --> 20:08.160]  There you go.
[20:08.160 --> 20:10.480]  How did that happen?
[20:10.480 --> 20:12.480]  I think Eddie did it.
[20:12.480 --> 20:15.400]  Okay, go ahead, Joyce.
[20:15.400 --> 20:22.320]  Well, if there was detrimental reliance and there were damages caused because of that
[20:22.320 --> 20:31.360]  reliance and then, you know, the subsequent breach.
[20:31.360 --> 20:41.680]  And really, and we've talked about admopane, I didn't really mean to get into that, but
[20:41.680 --> 20:49.920]  when you style your pleadings and you have these elements, either fraud or anything that's
[20:49.920 --> 20:57.240]  a stop or even promissory estoppel, you basically are putting the court on notice that they're
[20:57.240 --> 20:59.240]  culpable as well.
[20:59.240 --> 21:09.600]  In my case, on the record, there were three attorneys in that courtroom that day all involved
[21:09.600 --> 21:17.120]  in the original action where, you know, we went before five judges and only one judge
[21:17.120 --> 21:18.120]  ruled accordingly.
[21:18.120 --> 21:25.360]  And he didn't even really rule accordingly because there was another case that came up
[21:25.360 --> 21:31.400]  afterwards that that judge wasn't involved in, but I think he kind of knew about it based
[21:31.400 --> 21:32.680]  on the way he ruled that time.
[21:32.680 --> 21:38.200]  But at any rate, all these attorneys are in this courtroom that day.
[21:38.200 --> 21:44.680]  And they're all culpable as well because this all went down in 2005, so here we are four
[21:44.680 --> 21:50.200]  years later, and still, you know, I can't even come back into the state without being
[21:50.200 --> 21:51.200]  harassed.
[21:51.200 --> 21:57.160]  The state has been glorious for racketeering, but that's all another of the ones we show.
[21:57.160 --> 22:01.480]  So it's good to go on the attack.
[22:01.480 --> 22:07.040]  It's one thing to be good at defending yourself, but it's certainly a lot more fun when you're
[22:07.040 --> 22:11.960]  the one leading the charge and they're answering to you.
[22:11.960 --> 22:17.960]  So I think I really would've enjoyed the attorney saying that he guesses he was the defendant
[22:17.960 --> 22:18.960]  this time.
[22:18.960 --> 22:25.160]  Well, okay, do you have any more comments or questions?
[22:25.160 --> 22:34.720]  Just that, you know, I'm a rookie at this in defending myself, and I've been studying
[22:34.720 --> 22:42.120]  law for four years and basically have aligned with some good researchers, but I was out
[22:42.120 --> 22:43.120]  of prayer.
[22:43.120 --> 22:50.080]  And I have to say this, I was totally unfamiliar with the stop or promissory stop, and I woke
[22:50.080 --> 22:56.160]  up in the middle of the night with that term on my mind, and I've come to trust that when
[22:56.160 --> 23:01.760]  something like that happens, you know, it's only divine intervention.
[23:01.760 --> 23:05.400]  And here I am, you know, like I'm dreading going in here.
[23:05.400 --> 23:09.120]  This is like dancing with evil itself.
[23:09.120 --> 23:13.680]  I'm dreading having to deal with this attorney again.
[23:13.680 --> 23:16.920]  And in the middle of the night, I wake up with that term on my mind, and that was everything
[23:16.920 --> 23:17.920]  I needed.
[23:17.920 --> 23:24.720]  So I just wanted to tell you guys, keep the faith of fighting the traffic issue as well.
[23:24.720 --> 23:25.720]  Good.
[23:25.720 --> 23:28.480]  And I turned that case around.
[23:28.480 --> 23:34.160]  Well, we're really beginning to take them on here in Texas, and if this works well,
[23:34.160 --> 23:41.720]  we're certainly going to want to export the approach to other states.
[23:41.720 --> 23:50.920]  If we can begin to straighten out the traffic courts, the municipal courts, this will filter
[23:50.920 --> 23:53.560]  on up to higher levels.
[23:53.560 --> 24:00.680]  What I'm hoping to do here at the traffic level, and Eddie and I both, are to cultivate
[24:00.680 --> 24:08.560]  people who find out how much fun it is to go in and kick their behinds, and realize
[24:08.560 --> 24:17.640]  that once you become the aggressor, once you become the one who's taking them to task,
[24:17.640 --> 24:21.720]  it's a lot more fun and a lot less stressful.
[24:21.720 --> 24:29.600]  And we mostly want people to see that when you file the right documentation, you can
[24:29.600 --> 24:35.600]  get these guys jumping up and down, waving their arms, and really responding to you.
[24:35.600 --> 24:39.120]  And I think that may be the biggest hurdle to overcome.
[24:39.120 --> 24:43.200]  Yeah, usually you have to buy a zoo ticket to see action like that.
[24:43.200 --> 24:44.200]  Yes.
[24:44.200 --> 24:49.360]  And once they see that they can bring these people to task, I think we'll have a lot more
[24:49.360 --> 24:56.120]  people willing to go in there and press on the system to force them to begin to make
[24:56.120 --> 24:57.120]  these changes.
[24:57.120 --> 25:01.280]  And we're moving in that direction where, okay, we're going to go now to Igor from New
[25:01.280 --> 25:02.280]  York.
[25:02.280 --> 25:03.280]  Igor, are you there?
[25:03.280 --> 25:04.280]  Yes, I am.
[25:04.280 --> 25:05.280]  Hi.
[25:05.280 --> 25:06.280]  How are you guys?
[25:06.280 --> 25:07.280]  We're doing good.
[25:07.280 --> 25:08.280]  What's on your mind tonight?
[25:08.280 --> 25:15.680]  I've had a little issue with credit card situation here.
[25:15.680 --> 25:23.640]  I made a purchase about a year ago, two different purchases in the same furniture store, and
[25:23.640 --> 25:28.960]  one of the items was not delivered as it was supposed to be delivered.
[25:28.960 --> 25:36.000]  And so the merchant refused to deal with us really, and we filed a dispute with the credit
[25:36.000 --> 25:37.080]  card agency.
[25:37.080 --> 25:40.720]  When we did, there was actually two issues.
[25:40.720 --> 25:48.440]  One was the fact that the software that we received looked the same exactly on the outside,
[25:48.440 --> 25:53.600]  but on the inside, the structure was completely different than the one we saw on display.
[25:53.600 --> 25:59.360]  But on top of that, the actual first statement, the amount that appeared on the first statement
[25:59.360 --> 26:03.480]  was different than the amount on the receipt.
[26:03.480 --> 26:05.480]  And so that was a minor issue.
[26:05.480 --> 26:08.440]  It was about a $187 difference.
[26:08.440 --> 26:15.680]  And so we disputed it with the credit card, stating that, well, first of all, the amount
[26:15.680 --> 26:19.200]  is incorrect, and we attached a copy of the bill.
[26:19.200 --> 26:22.240]  And secondly, we basically said we ordered one thing.
[26:22.240 --> 26:24.240]  We saw one thing in the store.
[26:24.240 --> 26:26.680]  We got something that looked exactly the same.
[26:26.680 --> 26:32.400]  But if you were to go to the store and just basically raise the cushions, you would see
[26:32.400 --> 26:35.260]  that it's a completely different structure inside.
[26:35.260 --> 26:39.480]  And we specifically asked for the exact same thing.
[26:39.480 --> 26:44.840]  And we also got a couple of found out, just because we live in the general area where
[26:44.840 --> 26:49.160]  the store is, it's just a few blocks away from us, that this has happened to two or
[26:49.160 --> 26:50.160]  three other people.
[26:50.160 --> 26:56.600]  And so we got their statement as well, that same exact thing, getting the same exact...
[26:56.600 --> 26:59.560]  This sounds like a form of bait and switch.
[26:59.560 --> 27:02.560]  Well, we purchased two different...
[27:02.560 --> 27:04.560]  Yes, well, sort of.
[27:04.560 --> 27:08.920]  The interesting thing is I just discovered now, just to flash forward, that the store
[27:08.920 --> 27:09.920]  is closed down.
[27:09.920 --> 27:12.040]  The store is not there anymore.
[27:12.040 --> 27:17.240]  But they closed about six months ago, and this issue we started having about a year
[27:17.240 --> 27:18.240]  ago.
[27:18.240 --> 27:25.800]  Now, the interesting thing is that the credit card came back to us, and the reply was very
[27:25.800 --> 27:31.480]  short, basically said that they presented it to the merchant, and the merchant is working
[27:31.480 --> 27:37.760]  in good faith to resolve your issues as soon as possible, and have expressed no hesitation.
[27:37.760 --> 27:41.560]  Therefore, we have released this dispute in their favor.
[27:41.560 --> 27:44.920]  We consider this dispute closed at this time.
[27:44.920 --> 27:53.120]  Now we have contacted the merchant multiple times, and he didn't even want to resolve
[27:53.120 --> 27:54.480]  the dispute in any way.
[27:54.480 --> 27:55.480]  Okay.
[27:55.480 --> 27:59.000]  Have you sent the merchant a tort letter?
[27:59.000 --> 28:01.040]  No, I did not.
[28:01.040 --> 28:02.040]  Okay.
[28:02.040 --> 28:05.720]  Tort letters are very powerful.
[28:05.720 --> 28:12.720]  And the way I do a tort letter is I write a lawsuit against them.
[28:12.720 --> 28:20.760]  And then I take out the heading off the lawsuit, the parties, the venue, the jurisdiction and
[28:20.760 --> 28:21.760]  venue.
[28:21.760 --> 28:28.760]  In a lawsuit, you start out with what the discovery is, and then the parties, and then
[28:28.760 --> 28:31.960]  why the judge has jurisdiction and why the court has venue.
[28:31.960 --> 28:38.200]  I take all that off the top, I take the order off the bottom, I put a letter heading on
[28:38.200 --> 28:43.720]  the top and tell them I've been harmed, and this is how I've been harmed, and when they
[28:43.720 --> 28:47.720]  get this, first thing they're going to do is give it to their attorney, and the attorney's
[28:47.720 --> 28:51.200]  going to be sitting here reading a lawsuit.
[28:51.200 --> 28:54.200]  It will get their attention.
[28:54.200 --> 29:01.520]  But certainly you send them a tort letter, they will fix it, because that's what the
[29:01.520 --> 29:09.640]  courts require that you do due diligence to settle this issue before you go to court.
[29:09.640 --> 29:14.920]  And what they require is that you give them notice, and rather than just writing them
[29:14.920 --> 29:18.800]  a letter telling them you're upset, if you write it in the form of a lawsuit, they'll
[29:18.800 --> 29:22.800]  give it to their attorney and they're going to tell them, this guy's not screwing around,
[29:22.800 --> 29:25.200]  we're about to go to court with him.
[29:25.200 --> 29:27.000]  Fix it.
[29:27.000 --> 29:31.040]  And even if the source goes down, they're still liable.
[29:31.040 --> 29:34.000]  So that's the first thing I would suggest you do.
[29:34.000 --> 29:37.920]  Okay, hang on, we're going to break, we'll be right back.
[29:37.920 --> 29:40.600]  We want to get to Kevin as quick as we can.
[29:40.600 --> 29:43.320]  We have something going on here we'd like to get caught up.
[29:43.320 --> 29:49.000]  So we'll be right back on the other side, and hang on Kevin, we'll get to you shortly.
[29:49.000 --> 29:54.360]  This is Randy Kelton, Eddie Craig, Wheel of Law Radio, Debra's not here tonight, it's
[29:54.360 --> 29:59.040]  just me and Eddie all by ourselves, we'll be right back.
[29:59.040 --> 30:03.400]  Boy, that dinner sure was swell, wasn't it, darling?
[30:03.400 --> 30:04.960]  Yeah, it was pretty good.
[30:04.960 --> 30:08.640]  You know, I love- Oh, great, it's the police.
[30:08.640 --> 30:11.640]  Just calm down, honey, just do what they say.
[30:11.640 --> 30:21.000]  It is I, R.R., I want to drink your life.
[30:21.000 --> 30:22.760]  Vampire Caps got you down?
[30:22.760 --> 30:27.400]  Then join Texans for Accountable Government on Halloween at 8 p.m. at the corner of South
[30:27.400 --> 30:32.200]  First and Barton Springs Road as we hold a press conference and we protest non-consensual
[30:32.200 --> 30:33.200]  blood withdrawals.
[30:33.200 --> 30:38.840]  Later that night at 10 p.m. we'll be partying at Elysium, located at 705 Red River Street.
[30:38.840 --> 30:43.360]  Tell the bouncer you're with Texans for Accountable Government and the $5 commercial arts will
[30:43.360 --> 30:47.800]  go to Support Square Patrol, a local nonprofit which offers sober rides home.
[30:47.800 --> 30:52.800]  Again, join us at 8 p.m. on the corner of South First and Barton Springs.
[30:52.800 --> 31:07.960]  Go to tagtexas.org for more info, and remember Austin, don't drink and drive.
[31:07.960 --> 31:37.320]  Yeah, I want, oh I want, I won't let you pull the wool over my eyes.
[31:37.320 --> 31:53.400]  Okay, we're back, Randy Kelton, Ed Stevens, Little Law Radio, we're talking to Igor.
[31:53.400 --> 31:58.800]  So Igor, that's, if you have a dispute of this nature, there's probably little you
[31:58.800 --> 32:01.000]  can do with the credit card company.
[32:01.000 --> 32:02.000]  Why's that?
[32:02.000 --> 32:10.040]  Because you'll have much more purchase by filing a tort letter with the store owner,
[32:10.040 --> 32:14.800]  whoever has the head ownership of the store.
[32:14.800 --> 32:17.600]  Because we refused to pay this for such a long time.
[32:17.600 --> 32:22.720]  We basically now dispute that we acknowledge that we should be paying a portion of the
[32:22.720 --> 32:27.320]  total bill, which is for the Dynatset, which was fine, but we shouldn't be responsible
[32:27.320 --> 32:30.440]  for the other portion now.
[32:30.440 --> 32:37.360]  They reported us to the credit reporting agency, and my credit score went down 250 points just
[32:37.360 --> 32:39.600]  because of this one item.
[32:39.600 --> 32:51.120]  You need to refile a challenge to that debt claiming that these stores not followed through,
[32:51.120 --> 32:57.120]  and then check your credit report to see if it's been removed, because if you challenge
[32:57.120 --> 33:01.440]  it, they have to remove it until the challenge is over.
[33:01.440 --> 33:05.480]  So if you re-challenge, they'll have to remove it.
[33:05.480 --> 33:11.240]  You give them a week, check all three credit reporting agencies, and if it's up on any
[33:11.240 --> 33:18.880]  one of them, then you go after the credit card company for a thousand bucks apiece.
[33:18.880 --> 33:22.880]  You mean challenge to do the same thing I did already, dispute it?
[33:22.880 --> 33:23.880]  Yes.
[33:23.880 --> 33:32.560]  Just file a second dispute claiming that the company misrepresented the facts to the credit
[33:32.560 --> 33:37.840]  card agency, that in fact they were not acting in good faith, and they're still not acting
[33:37.840 --> 33:41.400]  in good faith, and you challenge the debt.
[33:41.400 --> 33:45.120]  When the debt's challenged, they have to remove it immediately until they go through their
[33:45.120 --> 33:46.120]  process.
[33:46.120 --> 33:54.200]  And if they don't, then you file a appeal of violation against them in the federal court.
[33:54.200 --> 34:02.240]  And that'll get their attention, but I would suggest a tort letter to the company and tell
[34:02.240 --> 34:08.680]  them you've been harmed three times the amount of whatever you paid for this, or whatever
[34:08.680 --> 34:13.280]  you were billed for this, whether you paid for it or not doesn't matter, that they acted
[34:13.280 --> 34:20.520]  fraudulently, that they defrauded you by providing an inferior product, that they showed a quality
[34:20.520 --> 34:26.360]  product, and then once you purchased a quality product, they switched it for an inferior
[34:26.360 --> 34:33.400]  product, charged them with fraud, and asked for three times the amount of whatever you
[34:33.400 --> 34:34.400]  purchased.
[34:34.400 --> 34:36.400]  They're out of business now.
[34:36.400 --> 34:37.400]  Doesn't matter.
[34:37.400 --> 34:38.400]  Doesn't matter.
[34:38.400 --> 34:43.240]  Whoever owned it is still liable.
[34:43.240 --> 34:46.160]  The liability doesn't go away.
[34:46.160 --> 34:49.640]  So all you have to do is check the court records and see who the business was in, whose name
[34:49.640 --> 34:53.360]  it was in, and send it to that person.
[34:53.360 --> 34:55.760]  Okay, we need to move along.
[34:55.760 --> 34:58.320]  We've got Kevin from California.
[34:58.320 --> 34:59.320]  All right.
[34:59.320 --> 35:00.320]  Thank you.
[35:00.320 --> 35:05.480]  Thanks a lot, Igor, and keep us up to date on how this goes.
[35:05.480 --> 35:06.480]  Thank you.
[35:06.480 --> 35:07.480]  Thank you.
[35:07.480 --> 35:08.480]  Okay.
[35:08.480 --> 35:09.480]  Kevin.
[35:09.480 --> 35:10.480]  Hey, Eddie.
[35:10.480 --> 35:11.480]  How you doing?
[35:11.480 --> 35:12.480]  Doing good.
[35:12.480 --> 35:13.480]  Great.
[35:13.480 --> 35:20.920]  I've been having some interesting talks with Eddie lately, and I guess we wanted to wrap
[35:20.920 --> 35:24.960]  about some of that stuff.
[35:24.960 --> 35:27.160]  Yeah.
[35:27.160 --> 35:35.160]  What we're finding is Texas and California and a lot of other states, the laws regarding
[35:35.160 --> 35:37.600]  just about everything are pretty similar.
[35:37.600 --> 35:42.520]  They're just recodified and named differently and have different sections and numbers in
[35:42.520 --> 35:43.520]  them.
[35:43.520 --> 35:52.480]  Yes, that's a really good point because most of the states don't create all of these laws.
[35:52.480 --> 35:58.880]  They've most all adopted a relatively standard set of law.
[35:58.880 --> 36:05.640]  And then the state makes variations, individual variations, just like the universal plumbing
[36:05.640 --> 36:07.480]  code.
[36:07.480 --> 36:12.040]  It's pretty well accepted everywhere, and then each local municipality takes it because
[36:12.040 --> 36:16.640]  it's a complete set, and then they make adjustments for their particular area.
[36:16.640 --> 36:23.720]  So we do find statutes all over the country that it's precisely the same wording.
[36:23.720 --> 36:29.240]  So once you learn one, you should be pretty well up on most of the others.
[36:29.240 --> 36:30.240]  Yeah.
[36:30.240 --> 36:35.120]  I was reading one of treatises on the common law, and it says just as long as you give
[36:35.120 --> 36:40.480]  the general synopsis of what the law is, even if you don't quote it perfectly, it should
[36:40.480 --> 36:41.480]  do the job.
[36:41.480 --> 36:45.080]  So that's pretty much what I'm doing.
[36:45.080 --> 36:53.600]  Basically, what I'm up to is I'm stating things in very general terms, like they didn't
[36:53.600 --> 37:03.680]  have the required, let's say, warrant, a percent state in the federal constitution, which is
[37:03.680 --> 37:10.680]  an easy way to bring it in without going into Article I, Section 23, or whatever it may
[37:10.680 --> 37:13.920]  be in your state.
[37:13.920 --> 37:17.880]  And it takes the technicalness right out of it, and it makes it very easy just for anybody
[37:17.880 --> 37:23.200]  to deal with, because usually these judges, they know what they're up to.
[37:23.200 --> 37:24.880]  And we already figured that out.
[37:24.880 --> 37:29.840]  20 years ago, we would have given them the benefit of the doubt that these days we doubt
[37:29.840 --> 37:30.840]  them all the time.
[37:30.840 --> 37:31.840]  Right.
[37:31.840 --> 37:37.560]  I always go back to screws, VUS.
[37:37.560 --> 37:45.700]  If a public official violates a ruling of this court and he be saying, he may not be
[37:45.700 --> 37:48.800]  heard to say he knows not what he does.
[37:48.800 --> 37:56.920]  So therefore, if a judge commits an act from the bench, he knows precisely what he's doing.
[37:56.920 --> 38:01.760]  We'll have to assume that.
[38:01.760 --> 38:02.760]  No quarter.
[38:02.760 --> 38:12.160]  So I understand you had an issue there about someone filing these commercial documents
[38:12.160 --> 38:14.120]  in a criminal case.
[38:14.120 --> 38:17.720]  What commercial documents of that?
[38:17.720 --> 38:23.440]  Well, the guy that has been spamming the crap out of my Skype here the last few minutes
[38:23.440 --> 38:29.320]  on the accepted-for-value thing, where he's trying to get them to contract with him for
[38:29.320 --> 38:32.080]  money, the guy with the traffic problem here.
[38:32.080 --> 38:34.960]  Oh, you mean, oh, OK.
[38:34.960 --> 38:38.160]  Well, I jumped off that before they got to there.
[38:38.160 --> 38:40.440]  It's just getting really boring with me.
[38:40.440 --> 38:52.720]  But let's not, OK, well, there's several issues with contracting with, instead of the conversation
[38:52.720 --> 39:03.640]  that Eddie was partial to, watching on the infant messaging service, there's a similar
[39:03.640 --> 39:12.680]  thing that's been happening with the tonic company when a cop orders your car to be removed
[39:12.680 --> 39:20.760]  from a highway without your consent, permission, or without a seizure warrant.
[39:20.760 --> 39:31.560]  What some guys have done is we've made up these self-executing contracts requiring them to
[39:31.560 --> 39:37.480]  either return the car within a certain amount of time, or they agreed to pay a certain amount
[39:37.480 --> 39:43.920]  of money, $250, $300, $400, $500, $1,000 a day, depending on the value of your car, of
[39:43.920 --> 39:45.760]  course.
[39:45.760 --> 39:53.920]  And when they fail to return your car within, let's say, three days or seven days, basically
[39:53.920 --> 40:00.920]  they agreed to the terms that they agreed to pay you $250 a day from the very first
[40:00.920 --> 40:06.320]  day that they took it without a warrant upon the order of a cop who didn't have a warrant,
[40:06.320 --> 40:16.080]  which basically is the Constitution state that no state shall take the property of another
[40:16.080 --> 40:17.680]  without paying for it.
[40:17.680 --> 40:22.280]  OK, so that's the ground for that right there.
[40:22.280 --> 40:28.040]  And then what we do is we just find out what the limit of each of these small claims is
[40:28.040 --> 40:34.280]  in the particular state or area, and you just go almost right up to that limit there.
[40:34.280 --> 40:39.400]  And if it's three weeks or four weeks at $250, that's what we bill for.
[40:39.400 --> 40:45.480]  And then we send them a bill at the end of the cycle, give them three days to pay it.
[40:45.480 --> 40:50.320]  And when they don't, on the fourth day we file a small claims action for the full amount
[40:50.320 --> 40:53.120]  for the 20 or the 30 days.
[40:53.120 --> 41:00.800]  And we attach a copy of the demand letter and the bill and attach that to the small
[41:00.800 --> 41:03.920]  claims action.
[41:03.920 --> 41:10.840]  And what we do is we, in the small claims action, we also direct the person responding
[41:10.840 --> 41:19.560]  to deliver the goods to your notary because we want the state witness noticing, you know,
[41:19.560 --> 41:24.240]  making a statement that the guy either delivered up or he didn't in the demand letter, OK?
[41:24.240 --> 41:30.320]  Because that's an important part because the notary is going to state that he read the
[41:30.320 --> 41:36.440]  demand letter, he enclosed it in an envelope, and he sent it off by the United States Mail
[41:36.440 --> 41:42.600]  or FedEx or however he sent it, and that there was a certain time limit for these people
[41:42.600 --> 41:46.000]  to respond or deliver the property to him.
[41:46.000 --> 41:47.000]  They did not do it.
[41:47.000 --> 41:54.320]  So when you get to the small claims action, basically the guy has nowhere to go when he
[41:54.320 --> 42:00.280]  comes to the court and says, well, you know, I don't have to pay this, you know?
[42:00.280 --> 42:04.800]  Have you had any luck getting the court to enforce?
[42:04.800 --> 42:07.520]  Well, this is where we have.
[42:07.520 --> 42:16.920]  One guy in Oregon has got a judgment for $5,300 for 20 days on a judgment and a bill.
[42:16.920 --> 42:22.880]  And certified from the court, and I sent a copy to Eddie with that so he can acknowledge
[42:22.880 --> 42:23.880]  that one.
[42:23.880 --> 42:24.880]  Yeah.
[42:24.880 --> 42:25.880]  Yes.
[42:25.880 --> 42:34.640]  And this is a good point because there are avenues where the commercial process is applicable
[42:34.640 --> 42:36.760]  and avenues where it's not.
[42:36.760 --> 42:43.600]  Where you're in the court under statutory authority and you try to engage the court
[42:43.600 --> 42:47.640]  in contract, it can pretty well ignore you.
[42:47.640 --> 42:55.080]  But in this case, where the police, where the policing agency proactively took possession
[42:55.080 --> 43:01.160]  of a piece of property that they didn't have statutory authority to take, now they're in
[43:01.160 --> 43:02.160]  commerce.
[43:02.160 --> 43:06.120]  Now we can move on them in commerce and get some purchase.
[43:06.120 --> 43:07.120]  Exactly.
[43:07.120 --> 43:13.320]  This has been my concern with the commercial process as guys are trying to apply it.
[43:13.320 --> 43:21.120]  To where it doesn't belong, and then they get frustrated because they wind up in jail
[43:21.120 --> 43:23.720]  trying to figure out what the problem is.
[43:23.720 --> 43:24.720]  Yeah.
[43:24.720 --> 43:30.600]  Well, how I tend to work is I don't want to include any UCC business in my pleadings at
[43:30.600 --> 43:31.600]  all.
[43:31.600 --> 43:37.800]  If I can use a statement that the UCC would have in there, I may add that as like a maxim
[43:37.800 --> 43:38.800]  to it.
[43:38.800 --> 43:39.800]  Okay.
[43:39.800 --> 43:40.800]  Hold on.
[43:40.800 --> 43:41.800]  We're about to go to break.
[43:41.800 --> 43:43.440]  I'm going to go on the other side.
[43:43.440 --> 43:48.560]  This is Randy Kelton, Eddie Craig, Wheel of Law Radio.
[43:48.560 --> 43:54.120]  Everybody's got the night off, so we get to do whatever we want to.
[43:54.120 --> 43:55.560]  Within reason, yeah.
[43:55.560 --> 43:56.560]  Maybe not.
[43:56.560 --> 43:57.560]  Okay.
[43:57.560 --> 43:58.560]  We'll be right back.
[43:58.560 --> 44:01.560]  Just give me the watch.
[44:01.560 --> 44:08.680]  Yes, the light is shining more and more under the perfect day and a new world is coming
[44:08.680 --> 44:09.680]  soon.
[44:09.680 --> 44:14.640]  Please, come check out the Personal Peace, Liberty, and Justice seminar beginning this
[44:14.640 --> 44:20.320]  Saturday from 3 to 4 o'clock at Brave New Books, 1904, Guadalupe in Austin, Texas, across
[44:20.320 --> 44:21.920]  from UT.
[44:21.920 --> 44:26.280]  Find out what's personally in store, straight from the bravest books of all time.
[44:26.280 --> 44:29.080]  This could be the most important meeting you'll ever attend.
[44:29.080 --> 44:31.240]  The truth shall make us free.
[44:31.240 --> 44:35.160]  There's no registration, and like all the best things in life, yes, it's absolutely
[44:35.160 --> 44:36.160]  free.
[44:36.160 --> 44:42.400]  Personal Peace, Liberty, and Justice, Hope for a New World, this Saturday, October 31st,
[44:42.400 --> 44:44.920]  3 p.m., Brave New Books.
[44:44.920 --> 44:45.920]  I dare you.
[44:45.920 --> 45:08.880]  Hope to see you there.
[45:15.920 --> 45:36.800]  Okay, this is Randy Kelt and Eddie Craig with Radio, and we were talking to Kevin in California.
[45:36.800 --> 45:41.000]  As we were going out, Kevin, you were saying something, and we missed it.
[45:41.000 --> 45:47.320]  I was just saying, well, we can do anything we like, is what Eddie had mentioned, and
[45:47.320 --> 45:51.360]  I just said, well, get me some wild turkey now.
[45:51.360 --> 45:52.360]  I had to put the rum up.
[45:52.360 --> 45:53.360]  I've got some back there, but I had to leave it alone.
[45:53.360 --> 45:54.360]  It's a four-hour show, and I would have been passed out.
[45:54.360 --> 46:05.360]  We're going to be talking some theories and deep things like law.
[46:05.360 --> 46:13.680]  The important thing is, in the demand letter, is that you have the notary observe.
[46:13.680 --> 46:22.400]  You sign the demand letter, and the notary inserts the demand into an envelope and sends
[46:22.400 --> 46:29.800]  it off himself, so he can be making his affidavit that he sent it, and being the state's witness,
[46:29.800 --> 46:36.000]  is no better position than that, because the judge is not going to argue that the guy didn't
[46:36.000 --> 46:37.000]  do it.
[46:37.000 --> 46:42.840]  Yes, but we had a case, I think the guy's name was Mahoney.
[46:42.840 --> 46:51.840]  He was in Maryland, or I think he was in Massachusetts, and he prepared a notary presentment for
[46:51.840 --> 46:56.840]  a guy in Pennsylvania.
[46:56.840 --> 47:07.920]  And a Pennsylvania prosecutor came after the notary, and issued a warrant for him.
[47:07.920 --> 47:13.520]  These are folks that called me, and Pastor Massad actually referred him to me, and I
[47:13.520 --> 47:20.680]  looked at it, and I said, God, this is diversity jurisdiction.
[47:20.680 --> 47:28.280]  The notary was in Massachusetts, the document was in Pennsylvania, the notary has never
[47:28.280 --> 47:32.920]  been to Pennsylvania, at least never been to Pennsylvania, on anything having anything
[47:32.920 --> 47:38.720]  to do with this case, and they're fighting extradition.
[47:38.720 --> 47:40.760]  Duh!
[47:40.760 --> 47:48.440]  When the moron prosecutor filed a complaint against a guy in Massachusetts, he lost subject
[47:48.440 --> 47:54.160]  matter jurisdiction, because it became a diversity jurisdiction issue.
[47:54.160 --> 48:02.280]  Instead, they started filing commercial documents, and the guy wound up spending 30 days in jail
[48:02.280 --> 48:07.240]  in Pennsylvania, and now he's still being prosecuted.
[48:07.240 --> 48:10.680]  It was really frustrating watching all this go down.
[48:10.680 --> 48:15.520]  Yeah, well, before you make any action, as you know, you have to be very careful as to
[48:15.520 --> 48:23.520]  what you're doing, and basically what I like to do is, I like to go back and read up on
[48:23.520 --> 48:32.800]  like that treatise for notaries, 1821, and there's another one in 1891 that I have in
[48:32.800 --> 48:36.720]  1920, something like that, and they're all very good, and they tell you what the duties
[48:36.720 --> 48:40.720]  of a notary are.
[48:40.720 --> 48:46.080]  When you're reading these 1,200-page books, they give you examples of what things are
[48:46.080 --> 48:50.240]  supposed to be.
[48:50.240 --> 48:55.960]  Each state has rules for what notaries can and cannot do, so you have to make sure, if
[48:55.960 --> 49:01.760]  you're going to be operating under a statute, that you follow those, but what you can do
[49:01.760 --> 49:13.160]  is you can be a notary under the common law and operate that way, but, again, you need
[49:13.160 --> 49:19.560]  to know what the old principles of a notary was, and so, yeah, I can see that.
[49:19.560 --> 49:27.640]  A lot of guys are just saying, well, you know, we're going to accept your thing for value.
[49:27.640 --> 49:31.000]  Well, why would you want to accept anybody's thing for value?
[49:31.000 --> 49:38.120]  I would do a conditional acceptance, like I was talking with Eddie before.
[49:38.120 --> 49:42.800]  I had somebody that was in court, and they were trying to do a deposition on him.
[49:42.800 --> 49:50.280]  Well, in California, when there's a dispute, the custodian of records has to file or write
[49:50.280 --> 49:55.920]  up an affidavit at or near the time the incident happened.
[49:55.920 --> 50:01.120]  Now, if they sued you five years later, and they tried to bring in an affidavit from the
[50:01.120 --> 50:06.680]  custodian of records, well, that doesn't fit what the evidence code rule says there, because
[50:06.680 --> 50:07.680]  it's five years later.
[50:07.680 --> 50:09.080]  It's not at or near the time.
[50:09.080 --> 50:14.640]  Let's say if it was in 2000, and they brought one in from 2005, that's obviously not going
[50:14.640 --> 50:15.640]  to work.
[50:15.640 --> 50:26.840]  And what we also found is that if there was no custodian of records affidavit that was
[50:26.840 --> 50:35.000]  notarized, then they couldn't compel somebody to a deposition, much less request discovery
[50:35.000 --> 50:37.800]  for them on those issues.
[50:37.800 --> 50:43.680]  And so what happened is the judge was basically going to throw somebody in jail here.
[50:43.680 --> 50:50.280]  And if they didn't go to the deposition, so she went down and said, well, you know, I
[50:50.280 --> 50:54.960]  would like to answer the question, but since I subpoenaed the contract between the bank
[50:54.960 --> 50:59.760]  and the attorneys and the bank and myself that the bank says that I have and you have
[50:59.760 --> 51:04.560]  never delivered it, I don't have enough information to ask that question, answer that question.
[51:04.560 --> 51:09.640]  So they really got frustrated with four hours of that one.
[51:09.640 --> 51:16.320]  So basically she did not want to go down to court, but I said, look, play with them.
[51:16.320 --> 51:17.320]  Have a good time with this.
[51:17.320 --> 51:21.240]  You're really, you know, they're sitting down there at $450 an hour.
[51:21.240 --> 51:26.000]  You're down there just having some fun, you know, so you should never be frustrated with
[51:26.000 --> 51:27.000]  it.
[51:27.000 --> 51:30.360]  And she said, well, I'll conditionally answer that if you can produce the contract that
[51:30.360 --> 51:33.040]  you say that you have.
[51:33.040 --> 51:41.400]  So that's how I would use like the UCC on that and it's just acceptances, conditional
[51:41.400 --> 51:50.560]  acceptances, full acceptances, or you could just flat out reject it.
[51:50.560 --> 51:59.000]  We had, I was trying to help someone in Pennsylvania who had received, they had told some lumber
[51:59.000 --> 52:07.360]  to a guy in Oregon and the guy in Oregon was a real shyster and claimed the lumber was
[52:07.360 --> 52:13.000]  lesser than what it was and then sued back in Pennsylvania, but I'm sorry, he sued in
[52:13.000 --> 52:14.000]  Oregon.
[52:14.000 --> 52:21.760]  He came to Pennsylvania, purchased the product and then shipped it from Pennsylvania to Oregon
[52:21.760 --> 52:26.680]  and then decided he didn't like the lumber and sued in Oregon.
[52:26.680 --> 52:37.360]  And the first thing the individual who was sued did was did the acceptance for value
[52:37.360 --> 52:44.440]  and the court got it and the other attorney clearly didn't understand what it was and
[52:44.440 --> 52:49.380]  accused him of agreeing to the allegations.
[52:49.380 --> 52:55.320]  So it put him in a position to where he had to make this argument and teach them about
[52:55.320 --> 52:58.960]  the commercial process and what he was actually doing.
[52:58.960 --> 53:07.500]  So I was real frustrated with that because it created an unnecessary difficulty.
[53:07.500 --> 53:13.800]  So yeah, this acceptance for value, you know, I talk to people and they assume everything
[53:13.800 --> 53:21.120]  the judge does is for some secret, insidious reason.
[53:21.120 --> 53:29.600]  And for most of the judges I know, they don't have a clue.
[53:29.600 --> 53:37.040]  Well especially with the acceptance for value, I'd like to relate like a parable, it's like
[53:37.040 --> 53:43.920]  let's say you hire a contractor to do an addition to your house, let's say the kitchen and extend
[53:43.920 --> 53:47.280]  it or something like that, okay?
[53:47.280 --> 53:53.160]  Basically what happens is at the end of the job, you conditionally sign off on the job
[53:53.160 --> 54:00.560]  and releasing the liability and give him a check, you know, and although you get a conditional
[54:00.560 --> 54:07.440]  release of lien or anything from the contractor and then you pay him and then when he, your
[54:07.440 --> 54:15.840]  check is deposited into his account, the deal is essentially finished there, you know, so
[54:15.840 --> 54:22.920]  that's why, you know, we can look at the word conditional acceptance, right, in that way.
[54:22.920 --> 54:23.920]  I would never say that.
[54:23.920 --> 54:24.920]  Right, yeah.
[54:24.920 --> 54:31.720]  I like that much better because then the Scheister attorney is not going to have so great an
[54:31.720 --> 54:34.880]  opportunity to twist the meaning of the term.
[54:34.880 --> 54:35.880]  Right.
[54:35.880 --> 54:45.560]  Well you have to use the exact term conditional or full acceptance or flat out reject it.
[54:45.560 --> 54:49.880]  And you can actually reject it and say, well, I never had a contract with you in the first
[54:49.880 --> 54:52.880]  place, why would I want to do a conditional acceptance?
[54:52.880 --> 54:58.120]  Now if the guy is coming back with a contract dispute, well then you would offer a conditional
[54:58.120 --> 54:59.120]  acceptance.
[54:59.120 --> 55:05.040]  Well, I may agree to pay the bill that you say I owe if you can show me the contract
[55:05.040 --> 55:08.560]  that I signed agreeing to this.
[55:08.560 --> 55:13.280]  You never just say, okay, I'm going to fully accept, you know, for value what you're saying
[55:13.280 --> 55:18.800]  here because if you told me that you're going to accept for value what I might complain,
[55:18.800 --> 55:24.400]  that would mean in my mind that you agree that you have damaged me somehow.
[55:24.400 --> 55:28.360]  And so a lot of people are very confused on these terms.
[55:28.360 --> 55:39.040]  I don't think there's any better kind of examples than in the construction field really because
[55:39.040 --> 55:46.280]  we have conditional releases for mechanics liens upon payment, final payment of the job,
[55:46.280 --> 55:47.280]  you know.
[55:47.280 --> 55:50.180]  Yes, and that's a very good explanation.
[55:50.180 --> 55:52.520]  It makes perfect sense.
[55:52.520 --> 56:01.400]  And I would be much more comfortable using those terms and methods that I would be accepting
[56:01.400 --> 56:02.400]  for value.
[56:02.400 --> 56:07.940]  In this case, I was put in position to where he had to explain that he was only accepting
[56:07.940 --> 56:15.120]  for the value that the document had which was nothing and he should have just said that
[56:15.120 --> 56:20.960]  at first instead of trying to use this term of art that someone had waved in front of
[56:20.960 --> 56:25.680]  him as if it was some magic wand and it wasn't.
[56:25.680 --> 56:26.680]  Right.
[56:26.680 --> 56:32.480]  Now, another thing too is like whenever you're using any kind of law books or code books
[56:32.480 --> 56:43.920]  or whatever people are trying to use in court, let's say you're using UCC 3-905 for example.
[56:43.920 --> 56:51.040]  When I would put something like that in there, I would put in a bracket 2009 edition because
[56:51.040 --> 56:57.600]  if they change the meaning next year and put it in 8 or something else, at least you can
[56:57.600 --> 57:04.760]  refer back to this was the meaning in the 2009 edition when making a reference to an
[57:04.760 --> 57:05.760]  authority.
[57:05.760 --> 57:10.640]  Yes, this is exactly the thing I liked about what Eddie Craig does.
[57:10.640 --> 57:17.320]  He's very precise, very clear on what he's talking about and where you can go back to
[57:17.320 --> 57:24.160]  reference the meanings of his terms because you have to consider the attorney on the other
[57:24.160 --> 57:29.880]  side is going to take anything he can to use against you.
[57:29.880 --> 57:35.880]  The less he has, the more esoteric he gets and the more crapola he's going to throw
[57:35.880 --> 57:38.240]  at you.
[57:38.240 --> 57:45.600]  So it's best we do our due diligence on the front end, do our homework and be careful
[57:45.600 --> 57:47.160]  of the terms we use.
[57:47.160 --> 57:50.360]  Yes, and of the ones they're trying to use.
[57:50.360 --> 57:54.360]  Especially the ones they're trying to use.
[57:54.360 --> 58:00.160]  See, I have this 1,200 page book called Words of Art.
[58:00.160 --> 58:07.040]  I thought that was very interesting, but we can talk more about that on the other side.
[58:07.040 --> 58:13.680]  Okay, this is we're approaching the third hour, we've got room on the call board.
[58:13.680 --> 58:23.880]  If anybody has any questions or issues they'd like to address, you can call in at 512-646-1984
[58:23.880 --> 58:27.880]  and we'll take your call.
[58:27.880 --> 58:33.080]  If you ask any hard questions, I just hit Eddie to answer them.
[58:33.080 --> 58:35.680]  Yeah, maybe that'll work, maybe it won't.
[58:35.680 --> 59:00.680]  We'll be right back in just a few minutes, folks.
[59:00.680 --> 59:03.080]  Boy that dinner sure was swell, wasn't it, darling?
[59:03.080 --> 59:04.680]  Yeah, it was pretty good.
[59:04.680 --> 59:05.680]  You know, I love...
[59:05.680 --> 59:06.680]  Oh great, it's the police.
[59:06.680 --> 59:07.680]  Just calm down, honey, just do what they say.
[59:07.680 --> 59:20.680]  It is I, Art the Potato, I want to bring you right here.
[59:20.680 --> 59:22.680]  Vampire Caps got you down?
[59:22.680 --> 59:27.080]  Then join Texans for Accountable Government on Halloween at 8 p.m. at the corner of South
[59:27.080 --> 59:31.880]  First and Barton Springs Road as we hold a press conference and we protest non-consensual
[59:31.880 --> 59:32.880]  blood withdrawals.
[59:32.880 --> 59:38.680]  Later that night at 10 p.m. we'll be partying at Elysium, located at 705 Red River Street.
[59:38.680 --> 59:43.160]  Tell the bouncer you're with Texans for Accountable Government and the $5 cover charge will go
[59:43.160 --> 59:47.480]  to Support Square Patrol, a local nonprofit which offers sober rides home.
[59:47.480 --> 59:52.480]  Again, join us at 8 p.m. on the corner of South First and Barton Springs.
[59:52.480 --> 59:57.480]  Go to tagtexas.org for more info and remember, Austin, don't drink and drive.
[59:57.480 --> 01:00:04.760]  This news brief brought to you by the International News Net.
[01:00:04.760 --> 01:00:11.600]  The five UN staff killed by Taliban suicide bombers disguised as police in Kabul Wednesday
[01:00:11.600 --> 01:00:16.480]  was the deadliest assault on the UN in its 50 years in the country.
[01:00:16.480 --> 01:00:22.540]  Qasih Hussain Ahmed, former chief of Pakistan's oldest religious party says NATO and American
[01:00:22.540 --> 01:00:28.080]  forces are destined for crushing and shameful defeat in Afghanistan and they should immediately
[01:00:28.080 --> 01:00:32.800]  withdraw their troops to save themselves from this quagmire.
[01:00:32.800 --> 01:00:37.600]  Abduction for ransom is making a comeback in Baghdad, according to recent letters sent
[01:00:37.600 --> 01:00:39.400]  to Iraqi newspapers.
[01:00:39.400 --> 01:00:43.680]  Inhabitants of numerous Baghdad quarters say they no longer feel secure.
[01:00:43.680 --> 01:00:48.720]  One letter said, our areas endured improved security conditions in the past months but
[01:00:48.720 --> 01:00:52.680]  violence is returning.
[01:00:52.680 --> 01:00:57.960]  At least three doctors will be risking arrest in civil disobedience actions being held this
[01:00:57.960 --> 01:01:02.840]  week to demand an end to insurance abuse and real healthcare reform.
[01:01:02.840 --> 01:01:08.280]  Dr. Ken Weinberg, who will be risking arrest at the Well Point offices in New York, says
[01:01:08.280 --> 01:01:12.400]  this is a moral issue and he needs to be out there because he doesn't know what else to
[01:01:12.400 --> 01:01:13.400]  do.
[01:01:13.400 --> 01:01:18.480]  Weinberg says, I've met with my senators and congressmen and nothing works, adding,
[01:01:18.480 --> 01:01:24.240]  I think what really pushed me over was the new study from Harvard showing that 45,000
[01:01:24.240 --> 01:01:29.760]  people die each year because they don't have health insurance and that to me is criminal.
[01:01:29.760 --> 01:01:34.400]  Weinberg went on, our elected representatives are so in the pockets of the insurance companies
[01:01:34.400 --> 01:01:39.400]  they're not doing anything, they're not responsive to the American people so this is a wake up
[01:01:39.400 --> 01:01:48.200]  call to them.
[01:01:48.200 --> 01:01:53.520]  Experts say Barack Obama and top health officials are engaging in a major public relations effort
[01:01:53.520 --> 01:01:58.680]  to divert attention away from whether swine flu vaccine is effective and safe to whether
[01:01:58.680 --> 01:02:03.720]  there is enough to go around and mainstream media is cooperating.
[01:02:03.720 --> 01:02:09.240]  This echoes the way media debate was manipulated during the Vietnam and Iraq wars.
[01:02:09.240 --> 01:02:13.240]  Instead of debating whether we should be fighting those wars, the media debated only whether
[01:02:13.240 --> 01:02:16.200]  we were using the correct military strategy.
[01:02:16.200 --> 01:02:22.320]  The Centers for Disease Control has been running scare ads that portray swine flu as a pandemic
[01:02:22.320 --> 01:02:26.960]  which unless stopped by universal vaccination could kill millions of Americans.
[01:02:26.960 --> 01:02:35.160]  But Dr. Anthony Morris, former chief vaccine officer at the Food and Drug Administration
[01:02:35.160 --> 01:02:40.920]  states there is no evidence that any influenza vaccine is effective in preventing or mitigating
[01:02:40.920 --> 01:02:46.160]  influenza and that the producers of these vaccines know they are worthless but go on
[01:02:46.160 --> 01:03:13.200]  selling them anyway.
[01:03:46.160 --> 01:03:54.640]  Alright folks, this is Eddie Craig, here in our last hour of our show tonight.
[01:03:54.640 --> 01:03:59.040]  Folks, if you're out there listening, you got anything you want to talk about, please
[01:03:59.040 --> 01:04:00.040]  give us a call in.
[01:04:00.040 --> 01:04:03.200]  We got lots of room on the call board.
[01:04:03.200 --> 01:04:06.760]  Still on with Kevin and we're going to be finishing up, we've got a couple other callers
[01:04:06.760 --> 01:04:07.760]  coming in.
[01:04:07.760 --> 01:04:10.760]  Kevin, you want to go ahead?
[01:04:10.760 --> 01:04:20.520]  No, I had myself muted on this end, but it's okay.
[01:04:20.520 --> 01:04:25.800]  One guy called in about a credit card thing, I guess everybody here on the line has heard
[01:04:25.800 --> 01:04:32.720]  of Charlie Sprankle and he's one of the- No, who the heck is he?
[01:04:32.720 --> 01:04:33.720]  He's a hoot.
[01:04:33.720 --> 01:04:37.640]  I hadn't heard from him in a long time, I thought maybe he'd had a heart attack or something.
[01:04:37.640 --> 01:04:43.360]  Yeah, I think he should, don't they call him an urban legend out in California?
[01:04:43.360 --> 01:04:51.160]  I think they were calling him an urban legend when I was born and I know it's not.
[01:04:51.160 --> 01:04:59.840]  Well, he is a legend and to each one of us that knows him, he's quite a hoot.
[01:04:59.840 --> 01:05:05.400]  You know, I've been particularly graced by knowing him pretty well.
[01:05:05.400 --> 01:05:12.280]  Anyway, he was served with a credit card action saying that he owed some money out there to
[01:05:12.280 --> 01:05:14.520]  him and he failed to pay.
[01:05:14.520 --> 01:05:16.520]  Well, the complaint- Hello?
[01:05:16.520 --> 01:05:19.520]  Yeah, we're here, go ahead.
[01:05:19.520 --> 01:05:20.520]  Hello, hello.
[01:05:20.520 --> 01:05:21.520]  We're here.
[01:05:21.520 --> 01:05:22.520]  Go ahead, Kevin.
[01:05:22.520 --> 01:05:24.680]  I'm hearing a lot of white noise.
[01:05:24.680 --> 01:05:28.920]  Okay, we might have lost your connection.
[01:05:28.920 --> 01:05:31.680]  If you can hear us, try hanging up and calling back in.
[01:05:31.680 --> 01:05:34.440]  Oh, well, I'm just going to continue on.
[01:05:34.440 --> 01:05:35.440]  Oh, there you are.
[01:05:35.440 --> 01:05:36.440]  All right, go ahead.
[01:05:36.440 --> 01:05:42.280]  What I'm going to do is I'm just, when I talk, I get this thing, but anyway, Charlie got
[01:05:42.280 --> 01:05:49.920]  served with a complaint and it did not have any evidence attached to it like a contract
[01:05:49.920 --> 01:05:57.680]  between the bank and him and it did not have any merchant sales labs or any affidavits
[01:05:57.680 --> 01:06:04.000]  from merchants saying that Charlie came in and got some stuff and he refused to pay.
[01:06:04.000 --> 01:06:14.720]  Well, what we did is we had him file an order with the court the very next day after he
[01:06:14.720 --> 01:06:23.160]  got served and I'm going to kind of go on about what that is if you guys don't mind.
[01:06:23.160 --> 01:06:25.640]  Yeah, go ahead.
[01:06:25.640 --> 01:06:28.280]  Just quickly, we're at the board building up.
[01:06:28.280 --> 01:06:34.640]  Okay, so basically in the California Constitution, it says that in the preamble, we the people
[01:06:34.640 --> 01:06:40.600]  of California are grateful to Almighty God for our freedom in order to secure his blessings
[01:06:40.600 --> 01:06:45.360]  due to this Constitution, which means that the people set up the Constitution, therefore
[01:06:45.360 --> 01:06:52.480]  set up the three branches of government and all the other things that go along with that.
[01:06:52.480 --> 01:06:57.680]  If we go down to Article 1, Section 2, it says all political power is inherent in the
[01:06:57.680 --> 01:06:58.680]  people.
[01:06:58.680 --> 01:07:01.560]  Government is instituted for the protection, security, and benefit of the people and they
[01:07:01.560 --> 01:07:06.400]  have the right to alter or reform the same whenever a public good may require it.
[01:07:06.400 --> 01:07:15.160]  Now, the interesting thing about the California Constitution under Article 4, Section 34 says
[01:07:15.160 --> 01:07:19.720]  that the legislature shall have no power to pass any act granting any charter for banking
[01:07:19.720 --> 01:07:20.720]  purposes.
[01:07:20.720 --> 01:07:32.400]  So, what that is also saying is that the legislature nor California can grant any bank to come
[01:07:32.400 --> 01:07:36.960]  in here that's a foreign chartered bank.
[01:07:36.960 --> 01:07:41.640]  That goes on to say that associations may be performed under general laws for the deposit
[01:07:41.640 --> 01:07:47.080]  of gold and silver, but no such association shall make issue or put into circulation any
[01:07:47.080 --> 01:07:53.080]  bill, check, ticket, certificate, promissory note, or other paper or other paper of any
[01:07:53.080 --> 01:07:56.600]  bank to circulate as money.
[01:07:56.600 --> 01:08:01.560]  Section 35 states that the legislature of this state shall prohibit by law any person
[01:08:01.560 --> 01:08:06.640]  or person's association, company, or corporation from exercising the privileges of banking
[01:08:06.640 --> 01:08:09.320]  or creating paper to circulate as money.
[01:08:09.320 --> 01:08:15.440]  So, right there, their complaint was void on its face.
[01:08:15.440 --> 01:08:20.440]  Now, we really need to do a shuffle on this issue.
[01:08:20.440 --> 01:08:27.840]  I've heard this issue before about the prohibition of banks in California.
[01:08:27.840 --> 01:08:29.080]  That's an interesting topic.
[01:08:29.080 --> 01:08:32.680]  We probably need to do a whole show on that one or at least a few segments.
[01:08:32.680 --> 01:08:33.680]  Sure.
[01:08:33.680 --> 01:08:34.680]  Let's do one.
[01:08:34.680 --> 01:08:37.560]  Now, will you call back in Monday?
[01:08:37.560 --> 01:08:40.360]  I would like to address this in more detail.
[01:08:40.360 --> 01:08:41.360]  Okay.
[01:08:41.360 --> 01:08:42.360]  Sure.
[01:08:42.360 --> 01:08:47.320]  Because we're running short of time now and the call board is really built up.
[01:08:47.320 --> 01:08:48.320]  Okay.
[01:08:48.320 --> 01:08:50.960]  Well, maybe we'd take a few callers and see what happens here.
[01:08:50.960 --> 01:08:54.760]  If anybody's got any questions or want to interject any other new topics, let's hear
[01:08:54.760 --> 01:08:55.760]  them.
[01:08:55.760 --> 01:08:56.760]  I mean, I'll...
[01:08:56.760 --> 01:08:57.760]  Good.
[01:08:57.760 --> 01:08:58.760]  Hang in.
[01:08:58.760 --> 01:08:59.760]  I'm going to leave your line open.
[01:08:59.760 --> 01:09:00.760]  Okay.
[01:09:00.760 --> 01:09:01.760]  Okay.
[01:09:01.760 --> 01:09:03.760]  Now, we're going to go to Tim in Texas.
[01:09:03.760 --> 01:09:08.120]  Tim, do you got any questions or comments?
[01:09:08.120 --> 01:09:09.480]  Yeah.
[01:09:09.480 --> 01:09:14.960]  I was chasing some rabbit trails on this property tax you were talking about earlier, Eddie.
[01:09:14.960 --> 01:09:15.960]  Yeah.
[01:09:15.960 --> 01:09:20.240]  I went ahead and sent you what I got so far, but particularly, I started drilling down
[01:09:20.240 --> 01:09:26.680]  into the different definitions and I went into the federal U.S. code to see if I could
[01:09:26.680 --> 01:09:32.360]  find anything in there and I couldn't...anything that specifically said that any of our private
[01:09:32.360 --> 01:09:33.360]  property was taxed.
[01:09:33.360 --> 01:09:38.520]  Therefore, that led me to the conclusion that it's exempt from add boron taxes.
[01:09:38.520 --> 01:09:39.520]  That is correct.
[01:09:39.520 --> 01:09:40.520]  Yeah.
[01:09:40.520 --> 01:09:45.440]  Now, I did find some add boron taxes in several titles, but I outlined those and it all related
[01:09:45.440 --> 01:09:50.840]  to either customs and duties, territories and possessions, transportation, navigable
[01:09:50.840 --> 01:09:58.680]  waters, bankruptcy, shipping, and the only thing I found in the Internal Revenue Code
[01:09:58.680 --> 01:10:05.720]  said that add boron taxes were included in taxes that were in the deduction.
[01:10:05.720 --> 01:10:10.480]  So that was really all I found.
[01:10:10.480 --> 01:10:14.080]  That was the end of my chasing rabbit trails and my eyes got crossed.
[01:10:14.080 --> 01:10:15.080]  Yeah.
[01:10:15.080 --> 01:10:16.080]  It can happen.
[01:10:16.080 --> 01:10:19.320]  But see, that's exactly what we're wanting is for everybody out there.
[01:10:19.320 --> 01:10:23.160]  The more eyes we got looking at this, the more likely we are to discover a hidden gem
[01:10:23.160 --> 01:10:25.560]  that would be useful.
[01:10:25.560 --> 01:10:29.400]  And Tim, I appreciate your efforts on that part, that's for sure.
[01:10:29.400 --> 01:10:34.040]  The more of us working together on this, folks, the bigger a pit we can make in a quicker
[01:10:34.040 --> 01:10:38.240]  amount of time in the way that they do things and I, for one, am for digging the hole deep
[01:10:38.240 --> 01:10:40.440]  enough to bury all of their bodies.
[01:10:40.440 --> 01:10:41.440]  Absolutely.
[01:10:41.440 --> 01:10:47.000]  But maybe encourage everybody who went to the seminar last weekend to try and take a
[01:10:47.000 --> 01:10:51.400]  shot at digging up the rabbit trails because this is a pretty good example of trying to
[01:10:51.400 --> 01:10:52.960]  do that.
[01:10:52.960 --> 01:10:54.320]  Yes.
[01:10:54.320 --> 01:10:57.000]  It's always been my experience.
[01:10:57.000 --> 01:11:02.640]  The deeper I dig, the more I find in there.
[01:11:02.640 --> 01:11:11.040]  I have yet to go through the details, but what I didn't find, some whoppers.
[01:11:11.040 --> 01:11:17.840]  Our officials seem to just simply not know what they're doing.
[01:11:17.840 --> 01:11:25.600]  And sometimes I look at this stuff and say, I have to admit something, this is just too
[01:11:25.600 --> 01:11:26.600]  simple.
[01:11:26.600 --> 01:11:34.760]  It's too simple to direct, like the statute earlier that any ad no ad valorem taxes that
[01:11:34.760 --> 01:11:36.760]  didn't apply to the state.
[01:11:36.760 --> 01:11:44.640]  I mean, the statute is one sentence, very clear, extremely hard to misinterpret.
[01:11:44.640 --> 01:11:48.120]  Have we all been asleep?
[01:11:48.120 --> 01:11:50.560]  So I really appreciate your digging.
[01:11:50.560 --> 01:11:52.360]  That way we don't have to.
[01:11:52.360 --> 01:11:55.040]  That's part of the reason why I do it.
[01:11:55.040 --> 01:11:57.480]  You've got so many other things to dig into.
[01:11:57.480 --> 01:11:58.480]  Yeah.
[01:11:58.480 --> 01:12:01.000]  Well, this maybe will give us a good starting point.
[01:12:01.000 --> 01:12:05.360]  Now, this may be a little bit premature, but then I started thinking about what would be
[01:12:05.360 --> 01:12:09.880]  the process to go through and get this resolved.
[01:12:09.880 --> 01:12:15.720]  And what I came up with was a list of like, kind of like bullet point flow chart.
[01:12:15.720 --> 01:12:21.280]  And what I came up with was first get down and add up all the money that are paid in
[01:12:21.280 --> 01:12:24.000]  the property taxes since I bought my house.
[01:12:24.000 --> 01:12:29.000]  The second step would be to send the county tax assessor or collector a tort letter claiming
[01:12:29.000 --> 01:12:35.040]  that I've been harmed by fraud from the marginal collection of taxes under threat of losing
[01:12:35.040 --> 01:12:40.640]  my property if I did not pay them when they knew or should have known that my property
[01:12:40.640 --> 01:12:45.640]  was exempt under federal law and therefore also exempt under state law.
[01:12:45.640 --> 01:12:50.600]  It cites screws versus U.S. on that one again, that's pretty handy.
[01:12:50.600 --> 01:12:55.520]  And then included in the tort letter request to pay damages in triplicate and injunctive
[01:12:55.520 --> 01:12:58.720]  relief to have my property removed from the tax rolls.
[01:12:58.720 --> 01:13:05.040]  Now, the next step was regarding the damages, would the damages be simply the amount paid
[01:13:05.040 --> 01:13:09.040]  times three or would it be the amount paid times three plus the amount paid?
[01:13:09.040 --> 01:13:12.560]  No, it would be the amount paid times three.
[01:13:12.560 --> 01:13:13.560]  Okay.
[01:13:13.560 --> 01:13:14.560]  All right.
[01:13:14.560 --> 01:13:19.200]  You don't want to be out for the lifetime of the possible taxation or anything?
[01:13:19.200 --> 01:13:20.200]  Absolutely.
[01:13:20.200 --> 01:13:24.480]  The statute of limitations tolls until discovery.
[01:13:24.480 --> 01:13:27.640]  No, no, no, that's not what I'm talking about.
[01:13:27.640 --> 01:13:32.440]  On the loan, we can go after them for the amount of money they would have stolen.
[01:13:32.440 --> 01:13:36.400]  Say you're estimating that you would have never moved off the piece of property, can
[01:13:36.400 --> 01:13:37.400]  we go for that?
[01:13:37.400 --> 01:13:38.400]  No, no.
[01:13:38.400 --> 01:13:41.680]  They re-assess every year so you can't go past the year you're in.
[01:13:41.680 --> 01:13:42.680]  Okay.
[01:13:42.680 --> 01:13:43.680]  Yeah.
[01:13:43.680 --> 01:13:46.800]  And if I do get the injunctive relief where I'm asking them to have it removed in the
[01:13:46.800 --> 01:13:51.080]  tax roll, that puts an end to that.
[01:13:51.080 --> 01:13:55.480]  So anyways, and then the next step I guess would be to wait 60 days for them to provide
[01:13:55.480 --> 01:13:59.320]  the injunctive relief and pay for the damages and if they don't, then bring it to the district
[01:13:59.320 --> 01:14:00.800]  court for the amount.
[01:14:00.800 --> 01:14:01.800]  Yes.
[01:14:01.800 --> 01:14:02.800]  Cool.
[01:14:02.800 --> 01:14:03.800]  I got it.
[01:14:03.800 --> 01:14:10.040]  What I looked at in looking at the case law, every once in a while I look at a statute
[01:14:10.040 --> 01:14:12.800]  and it appears this way.
[01:14:12.800 --> 01:14:20.200]  If it appears terribly problematic, you won't find case law on it.
[01:14:20.200 --> 01:14:21.200]  I was reading-
[01:14:21.200 --> 01:14:22.200]  Problematic for them, that is.
[01:14:22.200 --> 01:14:23.200]  Yes, problematic for them.
[01:14:23.200 --> 01:14:30.800]  I was reading a case and it was right on point, it was right on issue that I'm dealing with.
[01:14:30.800 --> 01:14:39.640]  And I read the opinion and I said, this jerk, he didn't ask the right question.
[01:14:39.640 --> 01:14:40.640]  Who did this?
[01:14:40.640 --> 01:14:43.080]  And I looked at it and it was Russell Mortlum.
[01:14:43.080 --> 01:14:53.560]  I said, wait a minute, yes, he did ask the right question because I wrote that document.
[01:14:53.560 --> 01:15:00.320]  What the court did was pick the issue they wanted to address, addressed that issue and
[01:15:00.320 --> 01:15:04.600]  acted as if the other issues weren't there.
[01:15:04.600 --> 01:15:07.640]  And this is very common.
[01:15:07.640 --> 01:15:12.680]  So I pay attention to this when I write my documents.
[01:15:12.680 --> 01:15:23.040]  If I have a major issue, I'm going to be reluctant to clutter it up with a lot of secondary issues.
[01:15:23.040 --> 01:15:31.240]  So when the court reads my issue and then renders a decision on another issue, now I
[01:15:31.240 --> 01:15:38.760]  wanted to take the court of appeals, the judges who rendered this ruling, I wanted to file
[01:15:38.760 --> 01:15:44.000]  on them with the grand jury.
[01:15:44.000 --> 01:15:50.800]  But this was Russell's case, so I didn't, but if I get one in my case, I will run straight
[01:15:50.800 --> 01:15:53.420]  to the grand jury.
[01:15:53.420 --> 01:15:58.840]  If they fail to adjudicate one of the issues that I raise and just ignore it and leave
[01:15:58.840 --> 01:16:05.000]  it for a higher court, I'll charge them with official misconduct and they can explain it
[01:16:05.000 --> 01:16:10.200]  to a grand jury, my peers, not their peers.
[01:16:10.200 --> 01:16:13.920]  That's how we should start appealing the higher judge's rulings.
[01:16:13.920 --> 01:16:17.480]  Randy, can I say something?
[01:16:17.480 --> 01:16:21.240]  You know how we file a lot of motions in Lemony before trial?
[01:16:21.240 --> 01:16:22.240]  Yes.
[01:16:22.240 --> 01:16:23.240]  I would suggest-
[01:16:23.240 --> 01:16:28.440]  Wait, for those who don't know, in Lemony means all the questions you can ask, but we're
[01:16:28.440 --> 01:16:33.440]  right at 30 seconds before break, so hold that thought, have it in your hand, we will
[01:16:33.440 --> 01:16:35.720]  pick that up on the other side.
[01:16:35.720 --> 01:16:43.840]  This is Randy Kalten, Eddie Craig, Roots of Law Radio, they're not here tonight, so the
[01:16:43.840 --> 01:16:47.680]  cat's away, we get to play.
[01:16:47.680 --> 01:16:52.720]  We get to make mistakes and nobody can tell unless you guys tell us.
[01:16:52.720 --> 01:16:59.720]  Okay, we'll be right back.
[01:16:59.720 --> 01:17:08.680]  Yes, the light is shining more and more under the perfect day and a new world is coming
[01:17:08.680 --> 01:17:09.680]  soon.
[01:17:09.680 --> 01:17:14.640]  Please, come check out the personal peace, liberty and justice seminar beginning this
[01:17:14.640 --> 01:17:20.320]  Saturday from 3 to 4 o'clock at Brave New Books, 1904 Guadalupe in Austin, Texas across
[01:17:20.320 --> 01:17:21.920]  from UT.
[01:17:21.920 --> 01:17:26.280]  Find out what's personally in store, straight from the bravest books of all time.
[01:17:26.280 --> 01:17:29.080]  This could be the most important meeting you'll ever attend.
[01:17:29.080 --> 01:17:31.240]  The truth shall make us free.
[01:17:31.240 --> 01:17:36.480]  There's no registration and like all the best things in life, yes, it's absolutely free.
[01:17:36.480 --> 01:17:42.320]  Personal peace, liberty and justice, hope for a new world this Saturday, October 31st,
[01:17:42.320 --> 01:17:46.480]  3 p.m., Brave New Books, I dare you.
[01:17:46.480 --> 01:18:02.840]  Hope to see you there.
[01:18:16.480 --> 01:18:35.560]  All right, folks, this is Eddie Gregg with Randy Kelton, never seen me out for a night.
[01:18:35.560 --> 01:18:36.560]  Thanks for hanging on.
[01:18:36.560 --> 01:18:41.560]  We are in our third from last segment.
[01:18:41.560 --> 01:18:45.840]  Hopefully we'll get us to pick up on the caller board and we'll get some participation here.
[01:18:45.840 --> 01:18:49.600]  Kevin, you were talking when we went out, so would you care to pick up where you left
[01:18:49.600 --> 01:18:50.600]  off?
[01:18:50.600 --> 01:18:51.600]  Yes, sir.
[01:18:51.600 --> 01:19:00.200]  What I was going to make a suggestion is when we file motions and stuff, that our appeals
[01:19:00.200 --> 01:19:04.200]  kind of follow like how we'd file motions and limiting.
[01:19:04.200 --> 01:19:06.800]  Motion and limiting, number one, would address one issue.
[01:19:06.800 --> 01:19:10.280]  Motion and limiting, number two, would address another issue.
[01:19:10.280 --> 01:19:13.880]  What I'm thinking is do your appeals like that.
[01:19:13.880 --> 01:19:15.920]  Appeal number one, no warrant.
[01:19:15.920 --> 01:19:20.280]  Appeal number two, assault.
[01:19:20.280 --> 01:19:27.400]  Appeal number three, battery like this, you see, and then that way you can get a whole
[01:19:27.400 --> 01:19:31.240]  bunch of different rulings on that without them just being able to pick one that they
[01:19:31.240 --> 01:19:32.240]  want.
[01:19:32.240 --> 01:19:34.760]  What do you think?
[01:19:34.760 --> 01:19:41.640]  The problem is when you file an appeal, you have to put everything in the one document.
[01:19:41.640 --> 01:19:48.680]  You can't file more than one, and we tried to write that so that they were very clear
[01:19:48.680 --> 01:19:55.760]  on each issue, and this document was extremely clear.
[01:19:55.760 --> 01:19:58.840]  I wasn't trying to pick apart your thing, I was just trying to-
[01:19:58.840 --> 01:19:59.840]  Oh, I understand that.
[01:19:59.840 --> 01:20:00.840]  I understand.
[01:20:00.840 --> 01:20:08.000]  We're trying to find a way to trap these judges into doing the right thing, but if we filed
[01:20:08.000 --> 01:20:13.400]  each one in a separate document, they would pick one, rule on it, and ignore the rest.
[01:20:13.400 --> 01:20:19.240]  I have a friend, Ken Magnuson, and he complains about this all the time, that you can't read
[01:20:19.240 --> 01:20:26.280]  a case and really read the opinion on the case and really understand what the case was
[01:20:26.280 --> 01:20:32.080]  about because the judge is just, they only address what they want to and they ignore
[01:20:32.080 --> 01:20:33.080]  all the rest.
[01:20:33.080 --> 01:20:37.880]  If you want to know what really went on, you need to go get the pleadings in the case, and
[01:20:37.880 --> 01:20:41.800]  then you'll find out how really corrupt these judges are.
[01:20:41.800 --> 01:20:42.800]  Oh, yeah.
[01:20:42.800 --> 01:20:47.440]  Well, let me continue along my lines of thought with the appeal thing here.
[01:20:47.440 --> 01:20:54.920]  Basically, let's say you get stopped by a cop and he gives you a ticket, he arrests
[01:20:54.920 --> 01:21:03.480]  you, whatever, takes your car, which is basically a warrantless stop, carjacking, and kidnapping.
[01:21:03.480 --> 01:21:08.440]  Well, what's the most important thing out of there that would throw the whole case out?
[01:21:08.440 --> 01:21:13.520]  I would go back to the constitutional foundation of that it was a warrantless arrest, therefore
[01:21:13.520 --> 01:21:16.760]  it was no good, so everything else would have to go.
[01:21:16.760 --> 01:21:23.920]  All we really need to address there is the fact that he made a warrantless arrest, and
[01:21:23.920 --> 01:21:27.880]  therefore everything else had to go, so that's what I would necessarily do.
[01:21:27.880 --> 01:21:34.160]  The warrantless arrest won't necessarily get it all thrown out because he can do that,
[01:21:34.160 --> 01:21:41.120]  but if he didn't take you directly to the nearest magistrate, now you got grounds for
[01:21:41.120 --> 01:21:42.120]  it to all go out.
[01:21:42.120 --> 01:21:49.220]  If he took you somewhere else first and he can't show that there was some dire circumstances
[01:21:49.220 --> 01:21:56.520]  demanding his immediate attention, and this is one thing they never do, is they don't
[01:21:56.520 --> 01:22:01.480]  take you to a magistrate as a matter of policy.
[01:22:01.480 --> 01:22:07.640]  For me, this is the primary issue, but we don't have time to get into that tonight.
[01:22:07.640 --> 01:22:12.960]  We really need to move on, we've got a number of callers, we're running out of segments.
[01:22:12.960 --> 01:22:18.560]  We'll talk later, maybe I'll call on next week sometime, do a Monday thing on talk about
[01:22:18.560 --> 01:22:21.480]  banking and stuff in the states, that might be very interesting.
[01:22:21.480 --> 01:22:24.880]  Okay, well good, well nice talking to you guys, thanks for having me on.
[01:22:24.880 --> 01:22:33.120]  Thank you Kevin, thanks for calling in, and Tim, thanks for calling, we're going to move
[01:22:33.120 --> 01:22:36.720]  ahead, we've got a bunch of callers, we're running out of time.
[01:22:36.720 --> 01:22:37.720]  Thank you very much, bye bye.
[01:22:37.720 --> 01:22:39.720]  And keep us up to date on your research.
[01:22:39.720 --> 01:22:41.920]  Oh, always will, thanks Tim.
[01:22:41.920 --> 01:22:44.120]  That way we won't have to do as much.
[01:22:44.120 --> 01:22:46.320]  Yeah, that's right, bye bye.
[01:22:46.320 --> 01:22:47.320]  Thanks.
[01:22:47.320 --> 01:22:50.040]  Okay, we're going to go to Keith from Texas.
[01:22:50.040 --> 01:22:51.040]  Hey guys.
[01:22:51.040 --> 01:22:52.040]  Keith, you there?
[01:22:52.040 --> 01:22:53.040]  Can you hear me?
[01:22:53.040 --> 01:22:54.040]  Yeah, can you hear me?
[01:22:54.040 --> 01:22:55.040]  Yeah, you're a little bit light.
[01:22:55.040 --> 01:22:56.040]  A little bit light?
[01:22:56.040 --> 01:22:59.600]  Let me turn it up a little bit here, is that better?
[01:22:59.600 --> 01:23:00.600]  That's better.
[01:23:00.600 --> 01:23:01.600]  All right.
[01:23:01.600 --> 01:23:08.600]  I guess I need to say hey to Tim, Jim and I have met through the show.
[01:23:08.600 --> 01:23:09.600]  Oh, wonderful.
[01:23:09.600 --> 01:23:15.720]  And I guess Randy, talk to you, whatever, but we cut together and we're going to work
[01:23:15.720 --> 01:23:22.880]  together to get you guys down here for a seminar, hopefully, with some of the other groups down
[01:23:22.880 --> 01:23:27.680]  here, some of the Ron Paul groups and some of the other people that we have, some more
[01:23:27.680 --> 01:23:30.680]  freedom lovers that we have down here.
[01:23:30.680 --> 01:23:36.360]  I had a question for you, I've accepted my particular case, this is something I kind
[01:23:36.360 --> 01:23:43.560]  of picked up from my fight or when I had spoken to Randy about this previously and he said
[01:23:43.560 --> 01:23:52.240]  if you're going to do basically a bilateral contract with your judge, because he'd mentioned
[01:23:52.240 --> 01:23:55.880]  that's what he'd done with a judge that he had in a particular case, and I thought, well,
[01:23:55.880 --> 01:24:00.480]  that's interesting, that's what I'm going to do, send a notice of acceptance of oath
[01:24:00.480 --> 01:24:07.760]  of office, not as a unilateral contract that they just put out for third party, you know,
[01:24:07.760 --> 01:24:12.160]  the third party public, but as a bilateral binding contract.
[01:24:12.160 --> 01:24:18.640]  And I was wondering under the circumstances, if you catch the judge ruling extra-legally
[01:24:18.640 --> 01:24:23.960]  or in ways that you know during the course of due process, if there hasn't been due
[01:24:23.960 --> 01:24:28.520]  process or there are huge gaps in due process and they're aware of it, you've made them
[01:24:28.520 --> 01:24:40.760]  aware of it in open court, is that grounds for promissory stumble under the circumstances?
[01:24:40.760 --> 01:24:41.760]  That's a good point.
[01:24:41.760 --> 01:24:42.760]  Yeah.
[01:24:42.760 --> 01:24:48.600]  I mean, I've got a promissory stumble and I've got a binding contract with my judge.
[01:24:48.600 --> 01:24:49.600]  Yeah.
[01:24:49.600 --> 01:24:54.480]  I just looked at some case law the other day that said that the police officer wasn't under
[01:24:54.480 --> 01:24:59.520]  contract and I thought, yeah, he is.
[01:24:59.520 --> 01:25:08.840]  He entered into a contract when he swore on his oath and accepted consideration consequent
[01:25:08.840 --> 01:25:12.360]  to the oath that didn't have a verbal contract.
[01:25:12.360 --> 01:25:16.720]  Now that's presuming, of course, they're actually making these police officers invoke those
[01:25:16.720 --> 01:25:17.720]  oaths.
[01:25:17.720 --> 01:25:19.840]  What's the difference if they did it or not?
[01:25:19.840 --> 01:25:20.840]  They have them.
[01:25:20.840 --> 01:25:22.200]  They're on file.
[01:25:22.200 --> 01:25:26.120]  We have the presumption, they're required to by law.
[01:25:26.120 --> 01:25:30.880]  They accepted compensation based on the filing of that oath.
[01:25:30.880 --> 01:25:34.080]  If they didn't file the oath, they're in breach of contract anyway.
[01:25:34.080 --> 01:25:35.080]  Exactly.
[01:25:35.080 --> 01:25:41.400]  And if they're in breach of contract, case closed, it really doesn't matter under the
[01:25:41.400 --> 01:25:42.400]  circumstances.
[01:25:42.400 --> 01:25:48.760]  It's a contract that's essentially a third party contract unless you make it a binding
[01:25:48.760 --> 01:25:52.240]  contract yourself because you realize that they've made an oath.
[01:25:52.240 --> 01:25:57.040]  You want to accept that oath as a bilateral binding firm contract.
[01:25:57.040 --> 01:25:58.040]  Exactly.
[01:25:58.040 --> 01:26:05.960]  And we're not actually a signatory on the contract, but we are the intended third party
[01:26:05.960 --> 01:26:08.480]  beneficiary.
[01:26:08.480 --> 01:26:11.560]  And therefore, we have standing to enforce the contract.
[01:26:11.560 --> 01:26:14.640]  That's another, I guess, another error for the quiver.
[01:26:14.640 --> 01:26:17.240]  That was promissory estoppel.
[01:26:17.240 --> 01:26:18.240]  I like that one.
[01:26:18.240 --> 01:26:20.240]  I was going to ask you.
[01:26:20.240 --> 01:26:21.240]  Okay.
[01:26:21.240 --> 01:26:22.240]  Okay.
[01:26:22.240 --> 01:26:23.240]  Let's explore that.
[01:26:23.240 --> 01:26:26.880]  What do we stop the court from?
[01:26:26.880 --> 01:26:32.120]  I would say it's, I mean, that's basically, you know, mind's misdemeanor action or cause,
[01:26:32.120 --> 01:26:33.120]  I suppose.
[01:26:33.120 --> 01:26:38.680]  I would imagine it's motion to dismiss and breach, I mean, breach of promise.
[01:26:38.680 --> 01:26:46.560]  So we go to, well, I'm trying to, I like the idea of promissory estoppel.
[01:26:46.560 --> 01:26:50.320]  That's going to give the judge apoplexy.
[01:26:50.320 --> 01:26:53.560]  At the very least, it means the judge is disqualified.
[01:26:53.560 --> 01:26:57.720]  They've reached their oath, so they no longer apply to the capacity in which they occupy
[01:26:57.720 --> 01:26:58.720]  it.
[01:26:58.720 --> 01:26:59.720]  Right.
[01:26:59.720 --> 01:27:03.320]  So that at the very minimum means the judge is out of there.
[01:27:03.320 --> 01:27:13.840]  So we can go in and say he's not only statutorily disqualified, but he's also contractually
[01:27:13.840 --> 01:27:14.840]  stopped.
[01:27:14.840 --> 01:27:15.840]  Yep.
[01:27:15.840 --> 01:27:20.320]  Now he's got two other criminal issues, however.
[01:27:20.320 --> 01:27:26.480]  That means the judge is acting in an official capacity as an unofficial person, which means
[01:27:26.480 --> 01:27:28.760]  impersonating a public servant.
[01:27:28.760 --> 01:27:33.680]  That's compounded by the fact he's also impersonating a judicial officer.
[01:27:33.680 --> 01:27:36.560]  That's got some serious teeth.
[01:27:36.560 --> 01:27:41.840]  Not just a public servant, but a judicial public servant.
[01:27:41.840 --> 01:27:46.680]  But, you know, the thing that it is, because in my particular instance, I've already been
[01:27:46.680 --> 01:27:52.320]  down that road, and I'm with the Judicial Conduct Board in Austin about this.
[01:27:52.320 --> 01:27:56.480]  They've got the actual copy of a writ.
[01:27:56.480 --> 01:28:03.200]  And actually, Randy, I took it from one that you, that you'd done to disqualify the magistrate
[01:28:03.200 --> 01:28:04.200]  and challenge the jurisdiction.
[01:28:04.200 --> 01:28:07.360]  I went over that, and I thought, well, I'm going to utilize some of this, and what I'm
[01:28:07.360 --> 01:28:09.320]  going to do, and that's what I did.
[01:28:09.320 --> 01:28:10.320]  Wait a minute.
[01:28:10.320 --> 01:28:11.320]  Wait a minute.
[01:28:11.320 --> 01:28:12.320]  You plagiarized my documents?
[01:28:12.320 --> 01:28:13.320]  Sorry, man.
[01:28:13.320 --> 01:28:14.320]  I was in court.
[01:28:14.320 --> 01:28:15.320]  A little bit.
[01:28:15.320 --> 01:28:20.320]  If you plagiarized Randy's documents, I hope you use spell check.
[01:28:20.320 --> 01:28:25.960]  I told Randy, if he wanted to write a book, I'd put it all together and put it in his
[01:28:25.960 --> 01:28:26.960]  book.
[01:28:26.960 --> 01:28:30.400]  He just needs to give me some more information, you know?
[01:28:30.400 --> 01:28:31.880]  This is how I feel about it.
[01:28:31.880 --> 01:28:33.240]  I'll write it all out.
[01:28:33.240 --> 01:28:40.040]  If God had met for man to spell, he would not have created spell check.
[01:28:40.040 --> 01:28:41.760]  That's true.
[01:28:41.760 --> 01:28:50.120]  So, yeah, I was in court, and talking to a friend of mine, Don Lewis, and the judge
[01:28:50.120 --> 01:28:51.760]  turned to me and said, who are you?
[01:28:51.760 --> 01:28:55.880]  Well, I'm the one that wrote that writ you've got in front of me, in front of you.
[01:28:55.880 --> 01:28:57.840]  He said, are you an attorney?
[01:28:57.840 --> 01:28:58.840]  I said, well, no.
[01:28:58.840 --> 01:29:03.040]  I've been out of an attorney, and you wrote this writ for Mr. Lewis?
[01:29:03.040 --> 01:29:05.040]  No, I didn't write it for Mr. Lewis.
[01:29:05.040 --> 01:29:10.560]  I wrote it for me, and he took it, and he plagiarized it, and the judge just sat back
[01:29:10.560 --> 01:29:11.560]  and rolled his eyes.
[01:29:11.560 --> 01:29:12.560]  You jerks.
[01:29:12.560 --> 01:29:13.560]  Yeah.
[01:29:13.560 --> 01:29:14.560]  They're ready for you.
[01:29:14.560 --> 01:29:15.560]  You know what, Randy?
[01:29:15.560 --> 01:29:16.560]  I'm going to impress you.
[01:29:16.560 --> 01:29:17.560]  The judge asked me the same thing.
[01:29:17.560 --> 01:29:18.560]  Are you an attorney?
[01:29:18.560 --> 01:29:19.560]  Well, no.
[01:29:19.560 --> 01:29:32.160]  You can tell him, no, I sleep well at night, and I keep my hands in my own pockets.
[01:29:32.160 --> 01:29:33.160]  Thank you very much.
[01:29:33.160 --> 01:29:34.160]  And I'm smarter than that.
[01:29:34.160 --> 01:29:35.160]  I'm going to have to write that down.
[01:29:35.160 --> 01:29:36.160]  I keep my hands in my own pockets.
[01:29:36.160 --> 01:29:37.160]  I'm going to write that down.
[01:29:37.160 --> 01:29:38.160]  Okay.
[01:29:38.160 --> 01:29:39.160]  We're about to go to break.
[01:29:39.160 --> 01:29:40.160]  Yeah, we got so cold last winter.
[01:29:40.160 --> 01:29:41.160]  I was down by the courthouse and saw an attorney.
[01:29:41.160 --> 01:29:42.160]  It was so cold, he had his hand in his own pockets.
[01:29:42.160 --> 01:30:01.160]  Okay, Randy Kelton, Eddie Craig, the rule of law radio, we'll be right back.
[01:30:01.160 --> 01:30:02.160]  Boy, that dinner sure was swell, wasn't it, darling?
[01:30:02.160 --> 01:30:03.160]  Yeah, it was pretty good.
[01:30:03.160 --> 01:30:04.160]  You know, I love...
[01:30:04.160 --> 01:30:05.160]  Oh, great.
[01:30:05.160 --> 01:30:06.160]  It's the police.
[01:30:06.160 --> 01:30:07.160]  Just calm down, honey.
[01:30:07.160 --> 01:30:08.160]  Just do what they say.
[01:30:08.160 --> 01:30:20.960]  It is I, Art of Painter, I want to bring your life.
[01:30:20.960 --> 01:30:22.560]  Vampire Cops got you down?
[01:30:22.560 --> 01:30:27.320]  Then join Texans for Accountable Government on Halloween at 8 p.m. at the corner of South
[01:30:27.320 --> 01:30:32.120]  First and Barton Springs Road as we hold a press conference and we protest non-consensual
[01:30:32.120 --> 01:30:33.120]  blood withdrawals.
[01:30:33.120 --> 01:30:38.920]  Later that night at 10 p.m., we'll be partying at Elysium, located at 705 Red River Street.
[01:30:38.920 --> 01:30:43.360]  Tell the bouncer you're with Texans for Accountable Government and the $5 cover charge will go
[01:30:43.360 --> 01:30:47.800]  to Support Square Patrol, a local nonprofit which offers sober rides home.
[01:30:47.800 --> 01:30:52.720]  Again, join us at 8 p.m. on the corner of South First and Barton Springs.
[01:30:52.720 --> 01:30:55.240]  Go to tagtexas.org for more info.
[01:30:55.240 --> 01:31:23.040]  And remember, Austin, don't drink and drive.
[01:31:23.040 --> 01:31:29.860]  We're got a fight.
[01:31:29.860 --> 01:31:37.560]  We're killing cars.
[01:31:37.560 --> 01:31:44.760]  We're breaking cars.
[01:31:44.760 --> 01:32:12.400]  All right, folks, this is Eddie Craig, Randy Kelsey, Debra Stevens, Rural to Fall Radio.
[01:32:12.400 --> 01:32:17.360]  We are back on, we are in the last half hour of our show, so if you've got anything to
[01:32:17.360 --> 01:32:22.960]  get with us on, remember that we're not doing the overtime nights anymore, so please get
[01:32:22.960 --> 01:32:27.240]  with us before we start running out of time, aren't able to get you on the caller board
[01:32:27.240 --> 01:32:28.560]  and end of the conversation.
[01:32:28.560 --> 01:32:33.320]  All right, Randy, go ahead and take us back up where we were.
[01:32:33.320 --> 01:32:41.560]  Okay, Keith was going to get us a seminar in Houston with 200 people there.
[01:32:41.560 --> 01:32:42.560]  Yeah.
[01:32:42.560 --> 01:32:47.800]  And he's going to plagiarize all my documents, which is the very reason that I put them up
[01:32:47.800 --> 01:32:50.520]  on the Internet.
[01:32:50.520 --> 01:32:58.360]  The real habeas corpus and associated documents, the real habeas corpus, I took it and broke
[01:32:58.360 --> 01:33:02.960]  it into these documents you're talking about, Keith, motion to disqualify the officer,
[01:33:02.960 --> 01:33:07.760]  motion to disqualify prosecutor, disqualify magistrate, disqualify judge, they're all
[01:33:07.760 --> 01:33:09.680]  taken out of the rips.
[01:33:09.680 --> 01:33:10.680]  Right.
[01:33:10.680 --> 01:33:13.080]  And the wording becomes similar.
[01:33:13.080 --> 01:33:17.800]  These documents have been filed that I know of in nine cases.
[01:33:17.800 --> 01:33:22.040]  So far, not one has ever got to court, they threw it out for it, got there.
[01:33:22.040 --> 01:33:27.600]  Yeah, because they've got to look at that and explain to my attorney, here's just another
[01:33:27.600 --> 01:33:28.600]  quick thing.
[01:33:28.600 --> 01:33:33.760]  I think I've heard you mention, Randy, that you'd actually written your attorney a letter
[01:33:33.760 --> 01:33:38.880]  kind of to get out a jail-free card that he could take to the judge and present to the
[01:33:38.880 --> 01:33:41.680]  judge and say, Judge, this is a letter for my client.
[01:33:41.680 --> 01:33:46.760]  I've actually got to really, I've got to really represent my client, you know, according
[01:33:46.760 --> 01:33:47.760]  to law.
[01:33:47.760 --> 01:33:54.720]  Yes, look in my blanks, it's under, I think it's labeled notice, I need to go back in
[01:33:54.720 --> 01:33:55.720]  and re-label it.
[01:33:55.720 --> 01:33:56.720]  Notice and demand.
[01:33:56.720 --> 01:34:03.000]  I know, I've seen that, but I did mention that, I did mention that to him and he was
[01:34:03.000 --> 01:34:05.160]  tremendously relieved.
[01:34:05.160 --> 01:34:08.200]  That is very, very sad.
[01:34:08.200 --> 01:34:11.240]  I think we can actually get attorneys.
[01:34:11.240 --> 01:34:14.000]  I mean, it's like the way that the world has been taken off your shoulders.
[01:34:14.000 --> 01:34:15.000]  I was amazed.
[01:34:15.000 --> 01:34:18.000]  I was like, you have to kid me.
[01:34:18.000 --> 01:34:19.560]  $2,000 for this?
[01:34:19.560 --> 01:34:23.400]  Well, you just saved his life and his career in one shot.
[01:34:23.400 --> 01:34:29.600]  And gave him the opportunity to really be an attorney.
[01:34:29.600 --> 01:34:36.600]  And I don't think these guys go to law school for six years so they can get out and spend
[01:34:36.600 --> 01:34:45.280]  the rest of their professional career kissing arrogant judges behind, they want to do good
[01:34:45.280 --> 01:34:46.680]  law.
[01:34:46.680 --> 01:34:48.800]  So we give them opportunity.
[01:34:48.800 --> 01:34:53.880]  I think we can create some real attorneys and it's all image.
[01:34:53.880 --> 01:34:55.560]  It's all image.
[01:34:55.560 --> 01:35:03.920]  Once they realize they can do it, they get a few clients like us out here and they start
[01:35:03.920 --> 01:35:09.480]  doing their job and the judge starts getting out of hand and the client hammers the judge
[01:35:09.480 --> 01:35:11.800]  big time.
[01:35:11.800 --> 01:35:16.080]  They realize the judges are vulnerable, the judges realize they're vulnerable, this nonsense
[01:35:16.080 --> 01:35:17.080]  stuff.
[01:35:17.080 --> 01:35:21.040]  And here's something else that's just kind of, and then I'll let you go.
[01:35:21.040 --> 01:35:25.040]  I was talking to my sister out of France, she was a criminal defense attorney down at
[01:35:25.040 --> 01:35:29.080]  the courts of law, they were building a Harris County down here in Houston.
[01:35:29.080 --> 01:35:30.240]  She told me some things.
[01:35:30.240 --> 01:35:36.240]  She said that, what did she say?
[01:35:36.240 --> 01:35:40.520]  She said that people that were arrested for misdemeanors weren't allowed to have examining
[01:35:40.520 --> 01:35:41.520]  trials.
[01:35:41.520 --> 01:35:48.840]  She said that the prosecutor could reject or turn down prosecuting case.
[01:35:48.840 --> 01:35:52.880]  Prosecutor could dismiss the case out of hand.
[01:35:52.880 --> 01:35:59.320]  This is a defense attorney working at the courts of law building, Harris County, Houston,
[01:35:59.320 --> 01:36:00.320]  20 years.
[01:36:00.320 --> 01:36:03.320]  She was doing this.
[01:36:03.320 --> 01:36:07.560]  And I think the last thing that she threw at me, she said, you really shouldn't get
[01:36:07.560 --> 01:36:09.560]  too caught up in that due process thing.
[01:36:09.560 --> 01:36:12.760]  She said it's a waste of time, it doesn't matter.
[01:36:12.760 --> 01:36:17.920]  I said, I'm sorry, Judge, that's the only thing that does matter.
[01:36:17.920 --> 01:36:20.760]  That bridges the complaint to the Constitution.
[01:36:20.760 --> 01:36:24.240]  Any lack in that or any break in that chain, well, you don't have a case.
[01:36:24.240 --> 01:36:25.240]  You lose jurisdiction.
[01:36:25.240 --> 01:36:29.840]  So there's a whole chapter, Chapter 16, Code of Criminal Procedure, you need to go read
[01:36:29.840 --> 01:36:30.840]  it.
[01:36:30.840 --> 01:36:31.840]  And it explains in detail.
[01:36:31.840 --> 01:36:34.840]  I mean, otherwise, why is it there?
[01:36:34.840 --> 01:36:40.240]  And she just fumbled over her tongue and she said, well, I'm going to have to go read that
[01:36:40.240 --> 01:36:41.240]  chapter.
[01:36:41.240 --> 01:36:47.000]  I said, yeah, and I hope that you don't have a lot of regret because I think you did the
[01:36:47.000 --> 01:36:53.160]  wrong things to a lot of people, depending on how many people you represented.
[01:36:53.160 --> 01:36:55.440]  This is so insane.
[01:36:55.440 --> 01:36:57.200]  So absolutely crazy.
[01:36:57.200 --> 01:37:06.120]  And you know, human beings can acclimate themselves to the most horrendous circumstances.
[01:37:06.120 --> 01:37:07.120]  Right.
[01:37:07.120 --> 01:37:11.560]  They can acclimate and it's just, it's scary.
[01:37:11.560 --> 01:37:12.560]  It's scary.
[01:37:12.560 --> 01:37:18.800]  I had one more quick question, Randy, some other people might want to get this too.
[01:37:18.800 --> 01:37:22.400]  Will you define summary judgment?
[01:37:22.400 --> 01:37:31.360]  Summary judgment is where the judge can rule on what's in front of him.
[01:37:31.360 --> 01:37:33.320]  No argument.
[01:37:33.320 --> 01:37:39.600]  When both sides come to the judge and they agree on the facts, they just disagree on
[01:37:39.600 --> 01:37:40.600]  the law.
[01:37:40.600 --> 01:37:41.600]  Right.
[01:37:41.600 --> 01:37:46.400]  Then the judge can stand in and say, okay, everybody agrees on these facts.
[01:37:46.400 --> 01:37:49.120]  This side's gave me this law, this side's gave me that law.
[01:37:49.120 --> 01:37:50.120]  I rule it's done.
[01:37:50.120 --> 01:38:00.920]  You can only do that when there are no material issues at material facts in the issue.
[01:38:00.920 --> 01:38:01.920]  Everybody agrees on the facts.
[01:38:01.920 --> 01:38:03.960]  That's the only time you can have summary judgment.
[01:38:03.960 --> 01:38:04.960]  The only problem, yeah.
[01:38:04.960 --> 01:38:09.360]  The only problem you have is different interpretations, I suppose, with the law.
[01:38:09.360 --> 01:38:10.360]  Exactly.
[01:38:10.360 --> 01:38:13.480]  And then that's what the judge is there for to rule on the law.
[01:38:13.480 --> 01:38:20.280]  And the reason I ask is, in any event, because if you've got a judge that's knowingly adjudicating
[01:38:20.280 --> 01:38:24.160]  or a prosecutor that's doing what they do, pulling their five-and-a-half David's out
[01:38:24.160 --> 01:38:27.160]  of files and all that good stuff, we know it happens because it's happened to me.
[01:38:27.160 --> 01:38:29.840]  It's happening now.
[01:38:29.840 --> 01:38:36.960]  For a judge to adjudicate outside a jurisdiction, essentially legally, they're still immune,
[01:38:36.960 --> 01:38:39.520]  but personally, they're reasonably liable, correct?
[01:38:39.520 --> 01:38:40.840]  No, they're not.
[01:38:40.840 --> 01:38:42.720]  That's the one time they're not.
[01:38:42.720 --> 01:38:47.200]  You have to get the judge outside his subject matter jurisdiction.
[01:38:47.200 --> 01:38:52.640]  If they're ruling extra-legally or outside what they know as illegal bounds or they know
[01:38:52.640 --> 01:38:59.120]  that due process hasn't been met or whatever the case might be, now they're still legally
[01:38:59.120 --> 01:39:02.760]  immune, but are they personally liable?
[01:39:02.760 --> 01:39:08.200]  They're not legally or personally liable when they act outside scope.
[01:39:08.200 --> 01:39:12.800]  If they act outside the scope, then they're personally liable.
[01:39:12.800 --> 01:39:14.800]  In other words, you can...
[01:39:14.800 --> 01:39:20.680]  There is zero criminal immunity, period.
[01:39:20.680 --> 01:39:23.200]  So they're both criminally and civilly liable.
[01:39:23.200 --> 01:39:24.200]  Exactly.
[01:39:24.200 --> 01:39:26.720]  That's how I want to go after them.
[01:39:26.720 --> 01:39:27.720]  Completely.
[01:39:27.720 --> 01:39:28.720]  Well, so let me ask you this.
[01:39:28.720 --> 01:39:31.200]  Where does re-judgment even come into play?
[01:39:31.200 --> 01:39:35.840]  Well, say a credit card issue.
[01:39:35.840 --> 01:39:41.400]  Sometimes people come in there and the credit card company says, we extended credit in this
[01:39:41.400 --> 01:39:44.680]  amount to this person.
[01:39:44.680 --> 01:39:48.680]  And the judge says to the other person, did they extend credit in that amount to you?
[01:39:48.680 --> 01:39:51.080]  Yes, they did.
[01:39:51.080 --> 01:39:57.720]  So the question is, do I owe the money back?
[01:39:57.720 --> 01:40:05.040]  And the one side is going to say, no, I don't owe the money back because they didn't loan
[01:40:05.040 --> 01:40:06.040]  me money.
[01:40:06.040 --> 01:40:09.520]  They created this money out of thin air.
[01:40:09.520 --> 01:40:14.560]  The other guy at sides is going to say, I loaned you consideration and you owe the consideration
[01:40:14.560 --> 01:40:15.560]  back.
[01:40:15.560 --> 01:40:23.120]  These are all arguments in law, but they agree expressly on the facts.
[01:40:23.120 --> 01:40:24.720]  That's open for summary judgment.
[01:40:24.720 --> 01:40:25.720]  Okay.
[01:40:25.720 --> 01:40:26.720]  But that's...
[01:40:26.720 --> 01:40:29.200]  Isn't that strictly civil?
[01:40:29.200 --> 01:40:32.480]  No, it's criminal as well.
[01:40:32.480 --> 01:40:39.960]  If someone comes in and says, this person was sitting outside the convenience store
[01:40:39.960 --> 01:40:44.680]  and the guy with him got out of the car, went in the convenience store, robbed the convenience
[01:40:44.680 --> 01:40:48.120]  store, came back, got in the car, and this person drove him away.
[01:40:48.120 --> 01:40:51.200]  And he asked the person, are those facts accurate?
[01:40:51.200 --> 01:40:54.200]  Yes, they are.
[01:40:54.200 --> 01:40:58.800]  And then the prosecutor is going to say, well, you're guilty of accessory after the fact.
[01:40:58.800 --> 01:41:04.480]  And he's going to say, I had no knowledge that the store was robbed, so I'm not guilty.
[01:41:04.480 --> 01:41:06.480]  Everybody agreed on the facts.
[01:41:06.480 --> 01:41:07.480]  Right.
[01:41:07.480 --> 01:41:14.240]  They just disagree on the culpability and the judge makes the determination.
[01:41:14.240 --> 01:41:15.240]  Okay.
[01:41:15.240 --> 01:41:20.560]  So it's something I've got to think about further because I've got a lot of tort letters
[01:41:20.560 --> 01:41:21.560]  written out.
[01:41:21.560 --> 01:41:25.960]  Mine's a pretty clear cut because there was no game like trial.
[01:41:25.960 --> 01:41:29.680]  There was no seeing any magistrate and a service deputy trying to bomb.
[01:41:29.680 --> 01:41:30.680]  Yours is really clear-cut.
[01:41:30.680 --> 01:41:31.680]  Seriously.
[01:41:31.680 --> 01:41:32.680]  Okay.
[01:41:32.680 --> 01:41:33.680]  So we need to move along.
[01:41:33.680 --> 01:41:34.680]  We're running out of time.
[01:41:34.680 --> 01:41:35.680]  All right, buddy.
[01:41:35.680 --> 01:41:38.560]  Two more callers and these two I actually want to get to.
[01:41:38.560 --> 01:41:42.200]  One of them is at the seminar and the other guy is, he is for real.
[01:41:42.200 --> 01:41:43.200]  Okay, guys.
[01:41:43.200 --> 01:41:44.200]  Okay.
[01:41:44.200 --> 01:41:45.200]  Thank you, Keith.
[01:41:45.200 --> 01:41:46.200]  Thank you.
[01:41:46.200 --> 01:41:47.200]  And keep us up to date.
[01:41:47.200 --> 01:41:48.200]  Will do.
[01:41:48.200 --> 01:41:49.200]  Bye.
[01:41:49.200 --> 01:41:50.200]  Okay.
[01:41:50.200 --> 01:41:51.200]  Steve.
[01:41:51.200 --> 01:41:52.200]  Hey, Randy.
[01:41:52.200 --> 01:41:53.200]  How are you doing?
[01:41:53.200 --> 01:41:56.200]  I'm doing wonderful.
[01:41:56.200 --> 01:41:57.200]  Wonderful seminar.
[01:41:57.200 --> 01:41:58.200]  Maybe you was a rock star.
[01:41:58.200 --> 01:41:59.200]  I have a two-part question.
[01:41:59.200 --> 01:42:00.200]  So, wait, wait.
[01:42:00.200 --> 01:42:09.200]  Have you gone out on purpose and got the police to stop you so you could jerk them around?
[01:42:09.200 --> 01:42:10.200]  No.
[01:42:10.200 --> 01:42:12.200]  I'm actually a real good driver.
[01:42:12.200 --> 01:42:18.200]  If anything, I'd probably accumulate maybe three or maybe three tickets in a whole year
[01:42:18.200 --> 01:42:21.200]  for silly little things.
[01:42:21.200 --> 01:42:23.200]  So, usually, stay lucky.
[01:42:23.200 --> 01:42:26.200]  I'm not actually looking to do that.
[01:42:26.200 --> 01:42:29.200]  I'm usually a good driver.
[01:42:29.200 --> 01:42:30.200]  Okay.
[01:42:30.200 --> 01:42:31.200]  I interrupted you.
[01:42:31.200 --> 01:42:33.200]  Do you have a question or comment?
[01:42:33.200 --> 01:42:34.200]  Yes.
[01:42:34.200 --> 01:42:36.200]  I have two questions for you and Eddie.
[01:42:36.200 --> 01:42:38.200]  They're kind of two parts.
[01:42:38.200 --> 01:42:39.200]  First with Eddie.
[01:42:39.200 --> 01:42:42.200]  Eddie, this is a vampire weekend in Texas.
[01:42:42.200 --> 01:42:48.200]  My first question is, what would you do if a vampire cop stopped you on the road, whether
[01:42:48.200 --> 01:42:54.200]  you had a little drink or not, and what remedy would you use after they have cut your private
[01:42:54.200 --> 01:42:59.200]  property, being your body, and forced you to do a blood test?
[01:42:59.200 --> 01:43:04.200]  Well, first off, the only way he's going to force me to give him blood is if he's pulling
[01:43:04.200 --> 01:43:09.200]  it out of me with his gun because he's not getting it any other way.
[01:43:09.200 --> 01:43:15.200]  It's going to take more than one to put me down to get it, the point here being that
[01:43:15.200 --> 01:43:17.200]  he doesn't have the authority.
[01:43:17.200 --> 01:43:21.200]  If he's acting outside of his authority, which of course, as we all learned in the
[01:43:21.200 --> 01:43:24.200]  seminar, he absolutely would be.
[01:43:24.200 --> 01:43:32.200]  I have no compunction whatsoever about defending myself or my property in this regard because
[01:43:32.200 --> 01:43:38.200]  he is acting without lawful authority, which makes everything he does illegal.
[01:43:38.200 --> 01:43:41.200]  We'll cover that when we get back off of our break here in just a moment.
[01:43:41.200 --> 01:43:45.200]  Steve, if you'll hang on, we will pick you back up in just a couple of minutes, okay?
[01:43:45.200 --> 01:43:46.200]  Most definitely.
[01:43:46.200 --> 01:43:49.200]  Dan, we'll get to you shortly.
[01:43:49.200 --> 01:43:54.200]  All right, this is the Rule of Law Radio with Randy Kelton and Eddie Craig.
[01:43:54.200 --> 01:44:03.200]  We will be right back, and we'll see you in a minute.
[01:44:03.200 --> 01:44:08.200]  Yes, the light is shining more and more under the perfect day, and a new world is coming
[01:44:08.200 --> 01:44:09.200]  soon.
[01:44:09.200 --> 01:44:14.200]  Please come check out the Personal Peace, Liberty, and Justice Seminar beginning this
[01:44:14.200 --> 01:44:20.200]  Saturday from 3 to 4 o'clock at Brave New Books, 1904 Guadalupe in Austin, Texas, across
[01:44:20.200 --> 01:44:21.200]  from UT.
[01:44:21.200 --> 01:44:25.200]  Find out what's personally in store straight from the bravest books of all time.
[01:44:25.200 --> 01:44:28.200]  This could be the most important meeting you'll ever attend.
[01:44:28.200 --> 01:44:30.200]  The truth should make us free.
[01:44:30.200 --> 01:44:35.200]  There's no registration, and like all the best things in life, yes, it's absolutely
[01:44:35.200 --> 01:44:36.200]  free.
[01:44:36.200 --> 01:44:42.200]  Personal Peace, Liberty, and Justice hope for a new world this Saturday, October 31st,
[01:44:42.200 --> 01:44:44.200]  3 p.m., Brave New Books.
[01:44:44.200 --> 01:44:46.200]  I dare you.
[01:44:46.200 --> 01:44:47.200]  Hope to see you there.
[01:44:47.200 --> 01:45:14.200]  Thank you.
[01:45:17.200 --> 01:45:44.200]  Thank you.
[01:45:44.200 --> 01:45:49.200]  All right.
[01:45:49.200 --> 01:45:51.200]  This is Eddie Craig, Randy Kelton.
[01:45:51.200 --> 01:45:52.200]  Deborah Stevens has the night off.
[01:45:52.200 --> 01:45:56.200]  She's out spinning fire, and hopes to keep the neighborhood lit up well.
[01:45:56.200 --> 01:45:59.200]  We're in our last segment here at Rule of Law Radio.
[01:45:59.200 --> 01:46:01.200]  We have Steve on the line.
[01:46:01.200 --> 01:46:04.200]  And here's what we left off.
[01:46:04.200 --> 01:46:07.200]  Steve?
[01:46:07.200 --> 01:46:08.200]  Yes, Eddie.
[01:46:08.200 --> 01:46:09.200]  Eddie, no.
[01:46:09.200 --> 01:46:11.200]  Yes, I'm here.
[01:46:11.200 --> 01:46:12.200]  Go ahead.
[01:46:12.200 --> 01:46:15.200]  Okay, not everybody is as bold as you.
[01:46:15.200 --> 01:46:20.200]  You know, some people tend to be more passive, and especially with women and a lot of ethnic
[01:46:20.200 --> 01:46:27.200]  minorities who make an ignorant of their law and their rights and administrative code.
[01:46:27.200 --> 01:46:32.200]  Nick said that they don't do what you do, and with this, what remedy would you recommend
[01:46:32.200 --> 01:46:39.200]  after their private subject has been touched and they go into a courtroom?
[01:46:39.200 --> 01:46:48.200]  Well, the very first thing that I would do if they did not resist the take-now you're
[01:46:48.200 --> 01:46:50.200]  referring to the taking of blood again, right?
[01:46:50.200 --> 01:46:51.200]  Yes, sir.
[01:46:51.200 --> 01:46:53.200]  Okay.
[01:46:53.200 --> 01:46:58.200]  Even if they don't refuse to have the blood sample taken, the very first thing I would
[01:46:58.200 --> 01:47:02.200]  do is file criminal charges against the police officer.
[01:47:02.200 --> 01:47:10.200]  Then I would file criminal charges for practicing medicine without a license.
[01:47:10.200 --> 01:47:16.200]  And I would also file suit and a petition of injunctive relief to have the sample
[01:47:16.200 --> 01:47:21.200]  destroyed as the officer had no authority to draw it in the first place.
[01:47:21.200 --> 01:47:27.200]  And then I would demand proof that the sample was destroyed and purged from the DNA
[01:47:27.200 --> 01:47:29.200]  database system.
[01:47:29.200 --> 01:47:33.200]  Now, in case any of you out there have any real doubts in the world, there is no such
[01:47:33.200 --> 01:47:39.200]  thing as a purging of any government database, no matter what they bother to tell you.
[01:47:39.200 --> 01:47:43.200]  So the best thing is not to allow it to get there in the first place, which is the
[01:47:43.200 --> 01:47:49.200]  reason we worked so hard in the seminar to make sure you understood that the
[01:47:49.200 --> 01:47:54.200]  limitations on their authority are the same limitations the Constitution put on to
[01:47:54.200 --> 01:48:01.200]  begin with, here's what we gave you authority over and it's not us.
[01:48:01.200 --> 01:48:07.200]  Eddie, I also remember, I think I heard you on an earlier radio station this week,
[01:48:07.200 --> 01:48:12.200]  and I think the argument that police are using and they're using on local TV is
[01:48:12.200 --> 01:48:14.200]  that they're being taken a course.
[01:48:14.200 --> 01:48:17.200]  They're taking a course on how to deal with a case of throwing blood.
[01:48:17.200 --> 01:48:21.200]  But what you're saying is that according to the administrative code and the
[01:48:21.200 --> 01:48:26.200]  Constitution and the Constitution, they have no right to do it full stop.
[01:48:26.200 --> 01:48:32.200]  Well, yeah, the point here is I don't care how many certifications they've got.
[01:48:32.200 --> 01:48:37.200]  I am not under the jurisdiction of the law they're using to get the blood sample.
[01:48:37.200 --> 01:48:40.200]  That's the plain and simple fact.
[01:48:40.200 --> 01:48:45.200]  The only authorization for the taking of that blood is delegated by the Department
[01:48:45.200 --> 01:48:46.200]  of Public Safety.
[01:48:46.200 --> 01:48:51.200]  As we all know from the seminar, their authority is limited strictly to the
[01:48:51.200 --> 01:48:52.200]  traffic laws.
[01:48:52.200 --> 01:48:57.200]  Therefore, any authority delegated to the local police officers have the exact
[01:48:57.200 --> 01:49:02.200]  same limitations that we saw in Rule 4.13 of the administrative code under
[01:49:02.200 --> 01:49:07.200]  Title 37, meaning they can only do it if they've got the certifications to
[01:49:07.200 --> 01:49:12.200]  begin with to enforce traffic law and they are in the specific locality that
[01:49:12.200 --> 01:49:16.200]  the law says they must be in in order to do it.
[01:49:16.200 --> 01:49:20.200]  And then finally, what was the last kind of vehicle they could pull over and
[01:49:20.200 --> 01:49:24.200]  even attach anything to as far as the driver's concerned?
[01:49:24.200 --> 01:49:29.200]  One subject of Chapter 644, which is the Commercial Motor Vehicle Safety Act
[01:49:29.200 --> 01:49:34.200]  here in Texas, or one that's in direct violation of Title 49, which is the
[01:49:34.200 --> 01:49:38.200]  Federal Motor Carrier Safety Act.
[01:49:38.200 --> 01:49:46.200]  When we were at the City of Austin at the hearing where Chief Acevedo was
[01:49:46.200 --> 01:49:51.200]  proposing this, I asked him then, why do you need this?
[01:49:51.200 --> 01:49:56.200]  He said, well, it helps us in our case that we have more evidence to bring.
[01:49:56.200 --> 01:49:57.200]  I said, well, what's the point?
[01:49:57.200 --> 01:49:59.200]  Why do you need it?
[01:49:59.200 --> 01:50:03.200]  He said, well, so we can make sure we get more convictions.
[01:50:03.200 --> 01:50:05.200]  Well, what's your conviction rate?
[01:50:05.200 --> 01:50:08.200]  He didn't know it was 99.6.
[01:50:08.200 --> 01:50:12.200]  How much higher do you want it?
[01:50:12.200 --> 01:50:20.200]  Duh, there is no reason to take that blood other than to collect DNA samples.
[01:50:20.200 --> 01:50:22.200]  That's it.
[01:50:22.200 --> 01:50:28.200]  Now, let's hope that that 99.6 conviction rate does not fail us when
[01:50:28.200 --> 01:50:32.200]  they're the ones on trial.
[01:50:32.200 --> 01:50:35.200]  It almost certainly will.
[01:50:35.200 --> 01:50:43.200]  Everyone's working in their behalf, so we have to work diligently against them.
[01:50:43.200 --> 01:50:45.200]  Got anything else, Steve?
[01:50:45.200 --> 01:50:46.200]  Yeah.
[01:50:46.200 --> 01:50:47.200]  I wanted to add to that.
[01:50:47.200 --> 01:50:52.200]  Why would someone try to – why would someone give evidence against
[01:50:52.200 --> 01:50:55.200]  themselves anyway?
[01:50:55.200 --> 01:50:59.200]  Well, they're trying to make it where they're saying you don't have a choice.
[01:50:59.200 --> 01:51:03.200]  You took this license, therefore you've agreed to do this by default.
[01:51:03.200 --> 01:51:04.200]  You know what?
[01:51:04.200 --> 01:51:06.200]  Baloney.
[01:51:06.200 --> 01:51:12.200]  In Texas, unlike the United States Constitution, the United States
[01:51:12.200 --> 01:51:20.200]  Constitution grants you the right to privacy of your papers and your property.
[01:51:20.200 --> 01:51:27.200]  Texas Constitution includes the right to privacy of your person.
[01:51:27.200 --> 01:51:32.200]  And this goes to privacy of your person.
[01:51:32.200 --> 01:51:34.200]  One more question for Randy.
[01:51:34.200 --> 01:51:36.200]  It's a two-part question.
[01:51:36.200 --> 01:51:40.200]  Randy, how do you work out the amount to sue for against the
[01:51:40.200 --> 01:51:42.200]  couple or the prosecution attorney?
[01:51:42.200 --> 01:51:43.200]  Is it an individual thing?
[01:51:43.200 --> 01:51:47.200]  I think you may have given the answer earlier when someone else pulled in.
[01:51:47.200 --> 01:51:49.200]  The amount paid times three.
[01:51:49.200 --> 01:51:54.200]  I'm talking according to traffic officials.
[01:51:54.200 --> 01:52:00.200]  Well, any fine or fee collected in violation to due process the laws must
[01:52:00.200 --> 01:52:04.200]  be reimbursed in triplicate, that's state law.
[01:52:04.200 --> 01:52:07.200]  And at the moment it's in the government code somewhere and I don't
[01:52:07.200 --> 01:52:09.200]  remember exactly where it's at.
[01:52:09.200 --> 01:52:13.200]  So you don't even have to go to fraud for that.
[01:52:13.200 --> 01:52:20.200]  But for fraud, anything you claim under fraud, you get to claim it in
[01:52:20.200 --> 01:52:22.200]  triplicate.
[01:52:22.200 --> 01:52:29.200]  And in the suit that I included, there's more research that I need to do to
[01:52:29.200 --> 01:52:37.200]  find a court case on each of the causes of action where the jury has entered
[01:52:37.200 --> 01:52:44.200]  an amount of harm so that I can use what the jury entered like in the
[01:52:44.200 --> 01:52:49.200]  Travizant case where the guy was held for 20-something minutes and got
[01:52:49.200 --> 01:52:56.200]  $37,000, then I could extrapolate to $76,000 an hour.
[01:52:56.200 --> 01:53:04.200]  So if I'm held two hours, I can say $152,000 to $152,000 and so many
[01:53:04.200 --> 01:53:10.200]  cents, and this is precisely how I got there because the jury considered
[01:53:10.200 --> 01:53:11.200]  it as appropriate.
[01:53:11.200 --> 01:53:15.200]  And for the others that are blank in the civil action, I will do the same
[01:53:15.200 --> 01:53:20.200]  thing so we can show where we got the numbers.
[01:53:20.200 --> 01:53:27.200]  I'm referring to a traffic ticket that can be anywhere from $150 to $250.
[01:53:27.200 --> 01:53:33.200]  You don't ask for what they actually defrauded you out of.
[01:53:33.200 --> 01:53:38.200]  You ask for what they intended to defraud you out of in triplicate.
[01:53:38.200 --> 01:53:40.200]  Okay.
[01:53:40.200 --> 01:53:45.200]  And I wanted to know which edition of O'Connor's would you use to
[01:53:45.200 --> 01:53:47.200]  recommend for release or cause of action?
[01:53:47.200 --> 01:53:49.200]  Wait, I missed that.
[01:53:49.200 --> 01:53:53.200]  He asked which edition of O'Connor's, the most recent one you can afford.
[01:53:53.200 --> 01:53:55.200]  Yes, absolutely.
[01:53:55.200 --> 01:53:58.200]  If you want the 2009, you'll probably have to buy it because the attorneys
[01:53:58.200 --> 01:54:03.200]  aren't throwing those out, but you can get the 2008 version pretty easily
[01:54:03.200 --> 01:54:07.200]  because they'll be replacing those with the 2009, and then all you'll be
[01:54:07.200 --> 01:54:09.200]  missing is the current cases.
[01:54:09.200 --> 01:54:10.200]  It's just as good.
[01:54:10.200 --> 01:54:11.200]  It's really just as good.
[01:54:11.200 --> 01:54:14.200]  2006, 2008, they're all just as good.
[01:54:14.200 --> 01:54:20.200]  They will give you a really good picture of how to write your suit, what you
[01:54:20.200 --> 01:54:23.200]  can claim, and how to go about claiming them.
[01:54:23.200 --> 01:54:25.200]  We really need to move along.
[01:54:25.200 --> 01:54:28.200]  We've got Dan Reel, and I'd like to pick him up before we run out of time.
[01:54:28.200 --> 01:54:30.200]  We've only got four minutes.
[01:54:30.200 --> 01:54:31.200]  Thank you.
[01:54:31.200 --> 01:54:34.200]  Thank you, Steve.
[01:54:34.200 --> 01:54:39.200]  Okay, Dan, dude, are you for real?
[01:54:39.200 --> 01:54:43.200]  Yes, and I have also plagiarized your paperwork, and then I modified it for
[01:54:43.200 --> 01:54:47.200]  a Connecticut case, and then somebody else plagiarized it off of me.
[01:54:47.200 --> 01:54:50.200]  Oh, mein guten Himmel.
[01:54:50.200 --> 01:54:55.200]  But it's great because they did everything, and this is John from
[01:54:55.200 --> 01:54:58.200]  Connecticut, by the way, that had called in.
[01:54:58.200 --> 01:55:01.200]  Let me just, four minutes, okay.
[01:55:01.200 --> 01:55:03.200]  He wasn't brought to the magistrate.
[01:55:03.200 --> 01:55:05.200]  The officer exceeded his lawful authority.
[01:55:05.200 --> 01:55:08.200]  He was denied an initial hearing right after his arrest.
[01:55:08.200 --> 01:55:11.200]  The prosecutor and the clerk decided, we're going to continue the case,
[01:55:11.200 --> 01:55:13.200]  acted as the judge.
[01:55:13.200 --> 01:55:15.200]  Court is incompetent.
[01:55:15.200 --> 01:55:18.200]  The clerk and the prosecutor conspired to deny him due process.
[01:55:18.200 --> 01:55:22.200]  The prosecutor was unprepared to file or argue.
[01:55:22.200 --> 01:55:24.200]  They surprised the defendant.
[01:55:24.200 --> 01:55:29.200]  The court and the prosecutor were conspiring by ordering to that psychiatric hearing.
[01:55:29.200 --> 01:55:33.200]  There was a sustained failure to answer jurisdictional challenge.
[01:55:33.200 --> 01:55:35.200]  They withheld exculpatory evidence.
[01:55:35.200 --> 01:55:40.200]  They included prejudicial information on the arrest warrant, and he requested
[01:55:40.200 --> 01:55:44.200]  the court's credentials, not a really big one in my book, but I threw that in
[01:55:44.200 --> 01:55:49.200]  there anyway, and on top of that mother of all motions to dismiss, there's a
[01:55:49.200 --> 01:55:54.200]  motion to disqualify the investigator, arresting officer, prosecutor, and judge.
[01:55:54.200 --> 01:55:59.200]  I want that so I can plagiarize it.
[01:55:59.200 --> 01:56:04.200]  Yes, and he modified it a little bit, but I can email that to you.
[01:56:04.200 --> 01:56:06.200]  I would very much like to see that.
[01:56:06.200 --> 01:56:11.200]  But before we cut out, I did find the Connecticut statute dealing with warrants,
[01:56:11.200 --> 01:56:15.200]  and you are, as a matter of fact, supposed to be brought directly to a magistrate.
[01:56:15.200 --> 01:56:24.200]  That would be Connecticut Journal Statutes 54-64B, and I have the text of it here.
[01:56:24.200 --> 01:56:25.200]  Court was open.
[01:56:25.200 --> 01:56:28.200]  It was one in the afternoon when she was booked.
[01:56:28.200 --> 01:56:30.200]  I believe that was a weekday.
[01:56:30.200 --> 01:56:34.200]  No state of emergency existed, you know, fire, flood, or extenuating circumstances,
[01:56:34.200 --> 01:56:39.200]  and it says they must bring the defendant immediately, quote, before the clerk
[01:56:39.200 --> 01:56:42.200]  or assistant clerk of the Superior Court for the geographic area where the offense
[01:56:42.200 --> 01:56:46.200]  is alleged to have been committed during the office hours of the clerk.
[01:56:46.200 --> 01:56:50.200]  And they were open, and they didn't do it.
[01:56:50.200 --> 01:56:53.200]  Yes, excellent.
[01:56:53.200 --> 01:56:58.200]  So it's Friday, November 6th, Litchfield Superior Court.
[01:56:58.200 --> 01:57:01.200]  What should I be looking out for?
[01:57:01.200 --> 01:57:04.200]  When they come to hear the motions?
[01:57:04.200 --> 01:57:08.200]  Yeah, what do you expect they're going to do, or what would you be looking for?
[01:57:08.200 --> 01:57:13.200]  They're going to do, yo, Bubba, let's make a deal.
[01:57:13.200 --> 01:57:16.200]  They already did that.
[01:57:16.200 --> 01:57:19.200]  And he told them to take where to put their deal?
[01:57:19.200 --> 01:57:20.200]  Yes.
[01:57:20.200 --> 01:57:21.200]  Okay.
[01:57:21.200 --> 01:57:28.200]  Go back, and they're going to do it again, and almost certainly they're going to say,
[01:57:28.200 --> 01:57:33.200]  oh, geez, Judge, we could not get our witness here.
[01:57:33.200 --> 01:57:38.200]  And the witness is a police officer, so you tell the judge, Your Honor,
[01:57:38.200 --> 01:57:48.200]  direct the prosecutor to call the dispatcher and have the dispatcher route that officer to this court
[01:57:48.200 --> 01:57:51.200]  that cannot claim inconvenience as he's on the public payroll.
[01:57:51.200 --> 01:57:52.200]  Get him in here.
[01:57:52.200 --> 01:57:54.200]  I want him on the stand.
[01:57:54.200 --> 01:57:59.200]  Oh, even though this is a hearing on that mother of all motions to dismiss?
[01:57:59.200 --> 01:58:00.200]  Yes.
[01:58:00.200 --> 01:58:01.200]  Excellent.
[01:58:01.200 --> 01:58:07.200]  You want to put that officer up on the stand and eat his lunch?
[01:58:07.200 --> 01:58:10.200]  Well, he's perfect, just in time.
[01:58:10.200 --> 01:58:12.200]  Okay.
[01:58:12.200 --> 01:58:15.200]  Keep me abreast of what happens.
[01:58:15.200 --> 01:58:20.200]  They're probably going to deny all your motions, and as soon as they do, call me.
[01:58:20.200 --> 01:58:22.200]  We'll talk about what to do about that.
[01:58:22.200 --> 01:58:23.200]  All right.
[01:58:23.200 --> 01:58:26.200]  I'll send you an email and send me back your number.
[01:58:26.200 --> 01:58:27.200]  Okay, thank you.
[01:58:27.200 --> 01:58:28.200]  We're about out of time.
[01:58:28.200 --> 01:58:30.200]  Eddie, you want to take us out of here?
[01:58:30.200 --> 01:58:31.200]  Yes, sir.
[01:58:31.200 --> 01:58:36.200]  Folks, y'all have a great, great night and a good Sunday tomorrow, and thanks for our Saturday tomorrow,
[01:58:36.200 --> 01:58:38.200]  and thanks for listening in.
[01:58:38.200 --> 01:58:43.200]  Have a good weekend, and we will catch you felt Monday night on the Rule of Law radio.
[01:58:43.200 --> 01:59:03.200]  Well, that dinner sure was swell, wasn't it, darling?
[01:59:03.200 --> 01:59:05.200]  Yeah, it was pretty good.
[01:59:05.200 --> 01:59:08.200]  Oh, great, it's the police.
[01:59:08.200 --> 01:59:11.200]  Just calm down, honey, just do what they say.
[01:59:11.200 --> 01:59:16.200]  It is I, Arda Cepeda.
[01:59:16.200 --> 01:59:20.200]  I want to treat your eyes.
[01:59:20.200 --> 01:59:22.200]  Vampire cops got you down?
[01:59:22.200 --> 01:59:26.200]  Then join Texans for Accountable Government on Halloween at 8 p.m.
[01:59:26.200 --> 01:59:30.200]  at the corner of South 1st and Martin Springs Road as we hold a press conference,
[01:59:30.200 --> 01:59:33.200]  and we protest non-consensual blood withdrawals.
[01:59:33.200 --> 01:59:38.200]  Later that night at 10 p.m., we'll be partying at Elysium, located at 705 Red River Street.
[01:59:38.200 --> 01:59:41.200]  Tell the bouncer you're with Texans for Accountable Government,
[01:59:41.200 --> 01:59:44.200]  and the $5 commercial charge will go to Support Square Patrol,
[01:59:44.200 --> 01:59:47.200]  a local nonprofit which offers sober rides home.
[01:59:47.200 --> 01:59:52.200]  Again, join us at 8 p.m. on the corner of South 1st and Martin Springs.
[01:59:52.200 --> 02:00:11.200]  Go to tagtexas.org for more info. And remember, Austin, don't drink and drive.