[00:00.000 --> 00:10.240] A prominent U.S. contractor in Afghanistan may have inadvertently funneled millions [00:10.240 --> 00:16.440] of U.S. taxpayer dollars to Taliban insurgents in the form of bribes and protection money. [00:16.440 --> 00:22.000] According to a review by the Inspector General of the U.S. Agency for International Development, [00:22.000 --> 00:28.320] the suspected payments were allegedly made by Afghan subcontractors of development alternatives, [00:28.320 --> 00:32.720] a U.S. company involved in the USAID reconstruction projects, [00:32.720 --> 00:35.680] and some of Afghanistan's riskiest war zones. [00:37.680 --> 00:42.160] Hundreds of thousands of people are set together at Washington's Lincoln Memorial Saturday [00:42.160 --> 00:48.760] at the One Nation Working Together rally advocating for jobs, quality education and a just society. [00:48.760 --> 00:53.640] Some 400 groups are hoping to push back against the tide of U.S. politics, [00:53.640 --> 00:56.640] which has been dominated recently by the Tea Party. [00:56.640 --> 01:02.520] Conservative talk show host Glenn Beck earlier this week claimed Barack Obama was a closet socialist. [01:04.520 --> 01:10.560] Militants in southern Pakistan set ablaze more than two dozen tankers carrying fuel [01:10.560 --> 01:14.960] for foreign troops in Afghanistan Friday, highlighting the vulnerability [01:14.960 --> 01:20.480] of the U.S.-led mission the day after Pakistan closed a major border crossing. [01:20.480 --> 01:26.600] The Pakistani government shut the Torkham border to protest a NATO helicopter incursion [01:26.600 --> 01:28.680] that killed three of its soldiers. [01:28.680 --> 01:32.520] Pakistan lodged a formal protest with NATO Friday. [01:32.520 --> 01:39.120] Openly displaying a split between the White House and the Pentagon over the war in Afghanistan, [01:39.120 --> 01:45.000] Defense Secretary Robert Gates believes the U.S. military will never leave the war-torn country. [01:45.000 --> 01:49.240] In his new book, Obama's Wars, journalist Bob Woodward quoted Gates [01:49.240 --> 01:53.520] as telling a dinner audience last May he still felt guilty for his role [01:53.520 --> 01:58.000] in President George H.W. Bush's decision to pull out of Afghanistan [01:58.000 --> 02:01.000] after the Soviet withdrawal in 1989. [02:01.000 --> 02:04.320] And to express his commitment to not letting down the country again, [02:04.320 --> 02:08.120] Gates emphasized, quote, we're not leaving Afghanistan prematurely, [02:08.120 --> 02:12.600] adding, in fact, we're not ever leaving at all. [02:12.600 --> 02:16.600] The U.S. District Court, or the District of Columbia Wednesday, [02:16.600 --> 02:21.120] dismissed a civil lawsuit brought by the Center for Constitutional Rights [02:21.120 --> 02:26.400] concerning the deaths of three Guantanamo prisoners in June 2006. [02:26.400 --> 02:30.920] The court's decision overlooked newly available evidence from soldiers stationed [02:30.920 --> 02:36.280] at the base strongly suggesting the men were killed at a black site at Guantanamo [02:36.280 --> 02:39.960] and that the government reported the deaths as suicides. [02:39.960 --> 02:45.040] Salal al-Zarani, father of Yasser al-Zarani, said, quote, [02:45.040 --> 02:49.520] no one can compensate me for the loss of my son, but the court's refusal [02:49.520 --> 02:54.120] to hear my son's case is devastating and deepens my family's pain. [03:19.520 --> 03:39.440] Well, I received my remedy today, it came in a box, just like they say, [03:39.440 --> 03:47.160] I accepted it for value right away, it's not sooner, it's not later, [03:47.160 --> 03:54.480] we are originators, and the pathway seems to get straighter every day. [03:54.480 --> 03:59.160] And I can take anything that comes to me and put it to good use... [03:59.160 --> 04:01.280] We're going to go to your calls now. [04:01.280 --> 04:03.360] My life was good for the game... [04:03.360 --> 04:07.320] We've got Elise from Washington. [04:09.240 --> 04:10.640] Elise, thanks for calling in. [04:10.640 --> 04:13.320] What is your question for Dawn? [04:13.320 --> 04:21.480] Hi, my question has to do with writing a proposed written decision. [04:21.480 --> 04:24.600] I'm in an appeal case right now in the Superior Court, [04:24.600 --> 04:27.960] I'm appealing a municipal ticket, [04:27.960 --> 04:30.560] and we're supposed to write up a proposed written decision, [04:30.560 --> 04:38.000] I'm just curious as to what a good one would contain, [04:38.000 --> 04:45.320] and I don't know if you know who Asa Hutchinson is? [04:45.320 --> 04:48.320] No, I'm not familiar, you said you're in Washington State? [04:48.320 --> 04:49.680] Yes, uh-huh. [04:49.680 --> 04:53.920] Yeah, that again, unfortunately, is kind of the legal advice [04:53.920 --> 04:57.080] with going there, and I am a first-year student [04:57.080 --> 05:00.360] and I can't really talk about that a whole lot. [05:00.360 --> 05:04.160] What I can tell you is once you have identified [05:04.160 --> 05:06.880] what needs to go in there exactly, [05:06.880 --> 05:09.960] and there are probably some places that you can Google, [05:09.960 --> 05:14.120] that you can download, you said Superior Court? [05:14.120 --> 05:15.440] Yes, uh-huh. [05:15.440 --> 05:17.080] Okay, so you just go to Superior Court, [05:17.080 --> 05:19.920] you can probably go ahead, [05:19.920 --> 05:23.680] the Court of the Court usually has very specific instructions [05:23.680 --> 05:27.960] about the kind of backing that you're supposed to have, [05:27.960 --> 05:29.680] it's a blue-back and things like that, [05:29.680 --> 05:31.480] and I've done a ton of research on that anyway, [05:31.480 --> 05:32.920] just lawyer stuff, [05:32.920 --> 05:35.640] but if you find out exactly what goes in there, [05:35.640 --> 05:40.880] then FIRAC is more of the format than necessarily the content. [05:40.880 --> 05:44.840] This is just a logical flow that we're taught, [05:44.840 --> 05:48.400] and there's some books, [05:48.400 --> 05:54.080] one of them is writing essay exams to succeed in law school, [05:54.080 --> 05:57.280] and even though it sounds like it's a law school book, [05:57.280 --> 06:02.360] it gives the format, it tells you what to do [06:02.360 --> 06:07.360] to make your arguments concise and keep the judge's attention, [06:07.360 --> 06:09.520] how to get, you know, if you want the most points, [06:09.520 --> 06:12.040] which to me, if you flip that around, [06:12.040 --> 06:15.320] would be the most kudos from the judge. [06:15.320 --> 06:19.240] Well, this is like a final decision paper that... [06:19.240 --> 06:20.240] Sure. [06:20.240 --> 06:21.840] Right, okay. [06:21.840 --> 06:25.600] I just never, I've never actually seen one that I know of, [06:25.600 --> 06:28.480] so I guess I'll Google it and see, [06:28.480 --> 06:33.960] and Asa Hutchinson is the attorney that's been hired against Eric, [06:33.960 --> 06:37.640] who are you, or Eric Williams in Arkansas, [06:37.640 --> 06:40.640] so if you guys Google that, you'll see what we're up against, [06:40.640 --> 06:44.520] because this case is very, very similar to his case. [06:44.520 --> 06:46.200] Okay. [06:46.200 --> 06:51.680] He's an ex-attorney general for Arkansas, [06:51.680 --> 06:55.640] and why do you think people get nervous [06:55.640 --> 07:01.960] when they get up in front of judges and stuff? [07:01.960 --> 07:04.040] Personally, the same reason I was scared to death [07:04.040 --> 07:05.360] to go on the radio today. [07:05.360 --> 07:07.800] I think people just don't know what to expect, [07:07.800 --> 07:11.120] and I think when you try something new [07:11.120 --> 07:14.760] and there is really a very important decision or outcome [07:14.760 --> 07:18.360] riding on what it is you say, you don't want to make a mistake. [07:18.360 --> 07:23.120] You don't want to cause the judge to have any reason to, [07:23.120 --> 07:27.800] let's say, doubt your integrity or to question you for honesty, [07:27.800 --> 07:30.440] and when you're getting up there, [07:30.440 --> 07:32.000] there are all kinds of procedures and things, [07:32.000 --> 07:36.720] and even pro se, there's decorum in the court. [07:36.720 --> 07:38.720] It's something that's been going on for years. [07:38.720 --> 07:41.480] We don't wear white wigs, but we have a lot of the common law [07:41.480 --> 07:44.080] of decorum that we still follow, and it should be. [07:44.080 --> 07:46.400] There still needs to be some kind of tradition, [07:46.400 --> 07:48.720] and I think if you're not used to being in the courtroom [07:48.720 --> 07:51.800] very often, it can be very intimidating. [07:51.800 --> 07:53.160] Yeah, okay. [07:53.160 --> 07:54.560] Thank you very much. [07:54.560 --> 07:55.720] You're so welcome. [07:55.720 --> 07:57.280] Have a great night, everyone. [07:57.280 --> 07:59.520] All right, thank you for your call, Elise. [07:59.520 --> 08:00.560] Bye. Bye-bye. [08:00.560 --> 08:04.560] Okay, now we are going to Pastor Massad. [08:04.560 --> 08:06.360] Pastor Massad, thank you for calling in. [08:06.360 --> 08:08.160] What's on your mind tonight? [08:08.160 --> 08:09.600] Deborah, how are you tonight? [08:09.600 --> 08:11.160] Pretty good. [08:11.160 --> 08:13.840] Randy, Eddie, how are you guys tonight? [08:13.840 --> 08:16.280] Hey, Pastor Massad, how are you? [08:16.280 --> 08:17.600] I'm great. I woke up this morning. [08:17.600 --> 08:20.200] Did you fall asleep again? [08:20.200 --> 08:21.840] I don't think so. [08:21.840 --> 08:22.840] No, I'm here. [08:22.840 --> 08:25.720] I actually woke up this morning, so it's a good day. [08:25.720 --> 08:28.720] Amen. That's a good day. [08:28.720 --> 08:31.960] Hey, listen, I really wanted to call up about two things. [08:31.960 --> 08:35.880] One of them is we were blessed to have Eddie join Randy [08:35.880 --> 08:38.040] on our show earlier this week, and Eddie, you know, [08:38.040 --> 08:40.440] I've been saying for a long time that I really believe [08:40.440 --> 08:43.000] you have one of the brightest minds in the Patriot community. [08:43.000 --> 08:45.840] You've been doing some great work. [08:45.840 --> 08:47.160] Well, thank you. [08:47.160 --> 08:48.600] I hope that proves to be true. [08:48.600 --> 08:51.440] You said something on our show that you've probably [08:51.440 --> 08:54.200] mentioned on this show before, but I have to say, [08:54.200 --> 08:59.440] I thought it was a stroke of brilliance when you spoke it, [08:59.440 --> 09:02.920] and the more I think about it, the more convinced I am. [09:02.920 --> 09:07.880] And that was your comment about the police forces today [09:07.880 --> 09:11.640] that are hired by the state, that are not under the auspices [09:11.640 --> 09:14.800] of the Department of the Sheriff, who is elected by the people, [09:14.800 --> 09:18.440] are, in fact, the standing army that our founding fathers [09:18.440 --> 09:21.680] forbade this country to have. [09:21.680 --> 09:23.880] Yes, sir, I do believe that. [09:23.880 --> 09:27.480] I got to tell you, I haven't heard anybody say that before, [09:27.480 --> 09:32.280] and I think you were right on the money with that. [09:32.280 --> 09:33.400] Well, thank you. [09:33.400 --> 09:36.400] I've had that thought for a long time when you consider that, [09:36.400 --> 09:39.040] especially like here in Texas, where there is absolutely [09:39.040 --> 09:41.880] no constitutional authority for the legislature [09:41.880 --> 09:46.320] to allow a corporate entity to create a private police force [09:46.320 --> 09:50.160] and then give them the domain of the state. [09:50.160 --> 09:52.240] There's no authority for that in our Constitution, [09:52.240 --> 09:54.440] so where did they get it? [09:54.440 --> 09:56.880] But the more you think about it, every little petty rule [09:56.880 --> 09:59.720] they want to come up with, this is their armed enforcer [09:59.720 --> 10:01.480] that they use to make you obey it, [10:01.480 --> 10:04.800] whether it applies to you or not. [10:04.800 --> 10:07.000] Absolutely, I think it's just brilliant. [10:07.000 --> 10:09.760] I think you've hit a nail right on the head, [10:09.760 --> 10:13.800] and we need to, as leaders of the Patriot Commission, [10:13.800 --> 10:16.720] we need to get our minds wrapped around [10:16.720 --> 10:20.040] how to make that issue and enforce it. [10:20.040 --> 10:23.080] It won't be easy, and it's going to be cumbersome to figure out, [10:23.080 --> 10:27.200] but that is such a critical issue. [10:27.200 --> 10:29.800] I would absolutely agree. [10:29.800 --> 10:32.000] It's one of the things that if we could all wrap our heads [10:32.000 --> 10:36.040] around and come up with a definitive methodology [10:36.040 --> 10:42.680] to present, articulate, defend, and prosecute, [10:42.680 --> 10:45.920] it could be very, very powerful nationwide [10:45.920 --> 10:49.160] in really causing them a serious pause in their attack [10:49.160 --> 10:54.640] against the good people of this nation. [10:54.640 --> 10:57.000] Well, that's what I'm shooting for. [10:57.000 --> 11:01.200] I try to involve and engage as many people in conversation [11:01.200 --> 11:03.680] as I can, and you know right away [11:03.680 --> 11:05.400] whether or not you're being successful just [11:05.400 --> 11:10.520] by the glassy glaze that appears over their eyes. [11:10.520 --> 11:16.000] I have no idea what glassy glaze you're talking about. [11:16.000 --> 11:19.040] I'm quite sure you don't, and if you don't, actually, [11:19.040 --> 11:23.720] then you're more fortunate than I. [11:23.720 --> 11:25.280] I want to jump into another subject [11:25.280 --> 11:28.360] because something really powerful has happened. [11:28.360 --> 11:32.160] Randy, we've been pounding away on mortgages for a long time, [11:32.160 --> 11:34.680] and you've refined the methodology quite a bit [11:34.680 --> 11:39.080] and have done a great job, and we're seeing the mortgage [11:39.080 --> 11:42.720] industry and the banks turned on their heads [11:42.720 --> 11:47.720] as judges are starting to step back inside with us. [11:47.720 --> 11:49.760] And Randy, you're no stranger to this. [11:49.760 --> 11:52.080] You're seeing it across the country, [11:52.080 --> 11:54.160] and we're seeing major law firms beginning [11:54.160 --> 11:58.040] to run from the legal attack that we've put [11:58.040 --> 12:01.440] in on mortgage issues, correct? [12:01.440 --> 12:03.600] Correct. [12:03.600 --> 12:06.520] Well, I don't know if anyone caught it today or not, [12:06.520 --> 12:10.360] but the Bloomberg Network carried a story, [12:10.360 --> 12:14.560] and it essentially said this. [12:14.560 --> 12:17.320] The story was, if you have recently [12:17.320 --> 12:22.920] purchased a foreclosure, a foreclosed home, beware. [12:22.920 --> 12:26.640] Arguments have been made successfully. [12:26.640 --> 12:32.000] Banks are being called to task on, particularly, [12:32.000 --> 12:34.480] they mentioned General Motors Acceptance Corporation [12:34.480 --> 12:38.560] and another one, that their paperwork in the mortgage [12:38.560 --> 12:42.240] has been flawed, and the original parties are now [12:42.240 --> 12:44.440] staking claims on the houses. [12:44.440 --> 12:48.840] And the people who purchased these houses in the foreclosures [12:48.840 --> 12:51.640] are now in a position of caveat emptor. [12:51.640 --> 12:52.640] Buyer, beware. [12:55.280 --> 12:58.400] Interesting you should bring that particular thing up. [12:58.400 --> 13:03.680] That is precisely an argument that we've been making. [13:03.680 --> 13:04.800] And I've been constructing. [13:04.800 --> 13:07.640] Tell people to go in there and wave that suit at the auction [13:07.640 --> 13:10.360] and let them know you are not just buying this property [13:10.360 --> 13:13.000] and walking away with a Scott 3. [13:13.000 --> 13:17.640] Yes, this is an argument we're preparing to make to the court. [13:17.640 --> 13:22.600] If you allow this lender to step in here [13:22.600 --> 13:27.400] and claim that he holds clear title, [13:27.400 --> 13:30.000] is a holder of the security instrument [13:30.000 --> 13:34.320] and has authority to foreclose, you [13:34.320 --> 13:38.880] create a condition that will undermine the investment [13:38.880 --> 13:42.880] base of this nation for generations to come. [13:42.880 --> 13:46.560] This nation became the most powerful economic engine [13:46.560 --> 13:50.920] on the planet for one primary reason. [13:50.920 --> 13:54.280] Other countries, investors in other countries [13:54.280 --> 13:58.760] could come to the United States and purchase property [13:58.760 --> 14:03.200] with absolute certainty of a guaranteed title [14:03.200 --> 14:08.920] because they could trace every holder of that title [14:08.920 --> 14:13.320] through the county recorder's office [14:13.320 --> 14:17.360] all the way back to the original land grant. [14:17.360 --> 14:19.680] If you allow this lender to step in, [14:19.680 --> 14:22.600] he will break that chain of title. [14:22.600 --> 14:26.160] So whoever purchases this property, [14:26.160 --> 14:29.520] the courts have held if you purchase at a foreclosure, [14:29.520 --> 14:33.160] you purchase at your peril. [14:33.160 --> 14:35.680] Whoever does that, if they subsequently [14:35.680 --> 14:41.680] try to sell the property, they cannot get a title insurance [14:41.680 --> 14:45.040] on it because the title company cannot guarantee the title. [14:45.040 --> 14:47.040] There's been a break. [14:47.040 --> 14:52.040] They can't trace it from the current holder [14:52.040 --> 14:55.120] all the way back to the original land grant, [14:55.120 --> 14:59.000] and it will undermine the capital investment [14:59.000 --> 15:02.440] base of this country. [15:02.440 --> 15:05.400] That's the argument that we're trying to structure, [15:05.400 --> 15:08.240] trying to give the courts a reason [15:08.240 --> 15:12.360] to stop allowing these entities to come and take [15:12.360 --> 15:13.920] these properties. [15:13.920 --> 15:19.640] So I'm really pleased to hear that because it's taken us [15:19.640 --> 15:22.920] exactly where we want it to go anyway. [15:22.920 --> 15:23.920] This is wonderful news. [15:23.920 --> 15:25.920] What you just shared is the 10,000-foot view [15:25.920 --> 15:29.160] as you step back and look at the big picture. [15:29.160 --> 15:32.120] I want to suggest that at a little smaller level, [15:32.120 --> 15:34.520] this gives the present homeowners, [15:34.520 --> 15:37.480] and even the people that have already been thrown out [15:37.480 --> 15:40.120] of their homes, a good indication [15:40.120 --> 15:44.760] that they do not have to simply sit down and let that happen. [15:44.760 --> 15:49.240] As you said, 90-plus percent of the mortgages foreclosures [15:49.240 --> 15:50.960] are never even contested. [15:50.960 --> 15:54.000] And even after the fact, these people [15:54.000 --> 15:56.520] are raising these issues and going back [15:56.520 --> 15:57.640] after the present owners. [15:57.640 --> 15:58.720] Think about this. [15:58.720 --> 16:02.440] If this continues, the trend continues, in reality, [16:02.440 --> 16:04.520] once a bank forecloses on a property, [16:04.520 --> 16:05.920] word will be out very quickly. [16:05.920 --> 16:11.280] It's only going to take 10, 20, 100 people who purchased [16:11.280 --> 16:15.800] a home at a foreclosure to lose the house, [16:15.800 --> 16:18.120] lose their down payments, lose their investments, [16:18.120 --> 16:19.880] and be told to leave the original owner that [16:19.880 --> 16:21.400] is coming back in, and they've got [16:21.400 --> 16:23.160] quiet title to the property. [16:23.160 --> 16:25.800] It's only going to happen 10, 20, 100 times [16:25.800 --> 16:27.760] before every place in the country [16:27.760 --> 16:30.160] nobody will buy a foreclosed house. [16:30.160 --> 16:33.680] Now what are the banks going to do? [16:33.680 --> 16:36.520] It's good news for me. [16:36.520 --> 16:39.160] All right, hang on the line, Pastor Massad. [16:39.160 --> 16:40.720] And callers, if you'd like to call in. [16:40.720 --> 16:42.760] I'm sorry, we have some callers on the board that dropped off. [16:42.760 --> 16:44.840] I know that you were having to wait for a long time. [16:44.840 --> 16:46.240] We apologize for that. [16:46.240 --> 16:50.680] But we do have open phone lines, 512-646-1984. [16:50.680 --> 16:53.840] We've got Don Kennedy with us and Pastor Massad. [16:53.840 --> 16:55.520] We'll be right back after this break. [16:55.520 --> 17:17.040] We'll be right back. [17:17.040 --> 17:34.480] We're open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5. [17:34.480 --> 17:35.960] You are welcome to stop in our shop [17:35.960 --> 17:41.000] during regular business hours or call 512-646-6440 [17:41.000 --> 17:42.360] with any questions. [17:42.360 --> 17:44.960] Ask for Chad and say you heard about us on Google Law Radio [17:44.960 --> 17:46.560] or Texas Liberty Radio. [17:46.560 --> 17:49.640] That's Capital Coin and Boyan at the corner of Burnett and Shulmont. [17:49.640 --> 17:53.680] And we're open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5. [17:53.680 --> 18:00.160] That's Capital Coin and Boyan, 512-646-6440. [18:00.160 --> 18:03.280] Are you being harassed by debt collectors with phone calls, [18:03.280 --> 18:05.360] letters, or even lawsuits? [18:05.360 --> 18:09.000] Stop debt collectors now with the Michael Mears proven method. [18:09.000 --> 18:11.720] Michael Mears has won six cases in federal court [18:11.720 --> 18:12.800] against debt collectors. [18:12.800 --> 18:14.600] And now you can win too. [18:14.600 --> 18:17.360] You'll get step-by-step instructions in plain English [18:17.360 --> 18:20.760] on how to win in court using federal civil rights statutes, [18:20.760 --> 18:24.480] what to do when contacted by phone, mail, or court summons, [18:24.480 --> 18:26.520] how to answer letters and phone calls, [18:26.520 --> 18:29.120] how to get debt collectors out of your credit report, [18:29.120 --> 18:31.040] how to turn the financial tables on them [18:31.040 --> 18:33.800] and make them pay you to go away. [18:33.800 --> 18:36.680] The Michael Mears proven method is the solution [18:36.680 --> 18:38.600] for how to stop debt collectors. [18:38.600 --> 18:41.040] Personal consultation is available as well. [18:41.040 --> 18:44.400] For more information, please visit RuleOfLawRadio.com [18:44.400 --> 18:46.640] and click on the blue Michael Mears banner. [18:46.640 --> 18:49.400] Or email MichaelMears at yahoo.com. [18:49.400 --> 18:51.760] That's RuleOfLawRadio.com. [18:51.760 --> 18:57.240] Or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [18:57.240 --> 19:00.800] to learn how to stop debt collectors now. [19:00.800 --> 19:03.360] Well, don't let none get to you. [19:03.360 --> 19:05.840] Only the father can deliver you. [19:05.840 --> 19:08.880] But don't let bad-minded people hurt you. [19:08.880 --> 19:12.240] Until they can get behind you. [19:12.240 --> 19:13.640] Know what I mean? [19:13.640 --> 19:16.640] My friend, and all the jacks you'll need. [19:16.640 --> 19:20.120] The couple trusting God, me friend. [19:20.120 --> 19:22.600] Tell him your problem's there. [19:22.600 --> 19:25.600] Calling his name once again. [19:25.600 --> 19:28.600] He'll recall you know he was there. [19:28.600 --> 19:31.600] Trusting God, me friend. [19:31.600 --> 19:34.600] Tell him your problem's there. [19:34.600 --> 19:37.600] Calling his name once again. [19:37.600 --> 19:40.600] He'll recall you know he was there. [19:40.600 --> 19:43.600] He is my King, man, he is everything. [19:43.600 --> 19:46.600] He's everything to me, that's why I call him. [19:46.600 --> 19:49.600] I'm talking to me and I pray to him. [19:49.600 --> 19:52.600] Because he's the only one who could answer him. [19:52.600 --> 19:55.600] Me no business what my King man say him. [19:55.600 --> 19:58.600] Mankind you know is this leading me. [19:58.600 --> 20:01.600] Yes, trust in God, my friend. [20:01.600 --> 20:03.600] Tell him your problem's there. [20:03.600 --> 20:05.600] Tell him your problem's there. [20:05.600 --> 20:07.600] Call on his name, Jehovah. [20:07.600 --> 20:09.600] Jehovah our Savior, Jesus. [20:09.600 --> 20:12.600] That is our God and we do trust in him. [20:12.600 --> 20:14.600] Tell him your problem's there. [20:14.600 --> 20:15.600] Love that song. [20:15.600 --> 20:18.600] That's our song by Three Shoes Posse. [20:18.600 --> 20:20.600] Jerry, Pat, and myself. [20:20.600 --> 20:24.600] Okay, callers, if you'd like to call in 512-646-1984. [20:24.600 --> 20:26.600] We've got Pastor Massad and we've got Don. [20:26.600 --> 20:29.600] Pastor Massad, you had one more comment you wanted to make? [20:29.600 --> 20:33.600] Yeah, basically, you know, I said everything I wanted to say on this. [20:33.600 --> 20:35.600] The reality is that when we started this, [20:35.600 --> 20:39.600] no one ever dreamed that there would be an additional outcome of the media [20:39.600 --> 20:42.600] warning people that if you buy a foreclosure, [20:42.600 --> 20:44.600] you're going to end up losing the property. [20:44.600 --> 20:46.600] This thing is going crazy. [20:46.600 --> 20:49.600] Randy, Eddie, Debra, you guys are all doing a great job. [20:49.600 --> 20:50.600] I'm traveling. [20:50.600 --> 20:52.600] I know I'm going to lose you guys shortly, [20:52.600 --> 20:54.600] so I want to say good night and great job. [20:54.600 --> 20:56.600] All right, thanks Pastor Massad. [20:56.600 --> 20:57.600] God bless everybody. [20:57.600 --> 20:59.600] Okay, God bless. [20:59.600 --> 21:02.600] Okay, we're going to go on now. [21:02.600 --> 21:06.600] We've got Stephen in Montana. [21:06.600 --> 21:09.600] Stephen, thank you for calling in, and then we'll go to Jerry and then Dan. [21:09.600 --> 21:11.600] Stephen, thanks for calling back. [21:11.600 --> 21:12.600] What is your question? [21:12.600 --> 21:14.600] What's on your mind tonight? [21:14.600 --> 21:15.600] Hi. [21:15.600 --> 21:23.600] My question is, let's say that you've been drug through court for about almost a year now, [21:23.600 --> 21:28.600] and it's all been off of a faulty complaint that doesn't state any statements of the facts [21:28.600 --> 21:33.600] giving nature to the cause and doesn't give you a specific statute number, [21:33.600 --> 21:39.600] and you brought it up in your motions and pleadings and they ignore it. [21:39.600 --> 21:42.600] To me, that would mean that they are without jurisdiction, [21:42.600 --> 21:47.600] and I don't think that the complaint itself invoked any court's jurisdiction. [21:47.600 --> 21:49.600] Is this a criminal case you're referring to? [21:49.600 --> 21:50.600] Yes. [21:50.600 --> 21:53.600] Are you saying that there's no criminal complaint? [21:53.600 --> 21:58.600] Well, there's a complaint, but it doesn't state anything of the facts. [21:58.600 --> 22:03.600] It just has an acronym of the leading umbrella code, [22:03.600 --> 22:08.600] which has many subsections that you should be charged under. [22:08.600 --> 22:15.600] Here's something to understand from Dr. Graves' jurisdiction area. [22:15.600 --> 22:22.600] Everything you're doing in the trial court is setting the record for appeal. [22:22.600 --> 22:25.600] So don't be too concerned about what the trial court does. [22:25.600 --> 22:31.600] If they're ruling against you on every turn, get the record set, [22:31.600 --> 22:33.600] or you'll win the cases on appeal. [22:33.600 --> 22:36.600] Yes, Randy's absolutely right. [22:36.600 --> 22:41.600] In jurisdictionary courts, they teach you it's all about getting the facts [22:41.600 --> 22:44.600] and the evidence into the record in the trial court, [22:44.600 --> 22:49.600] and anytime anything happens that doesn't go your way, you have to object. [22:49.600 --> 22:54.600] Really, you should have the proper reasons and grounds of your objection, [22:54.600 --> 22:56.600] but sometimes it doesn't matter, just object, [22:56.600 --> 23:01.600] because if you don't object, then you can't appeal on that point. [23:01.600 --> 23:02.600] Correct. [23:02.600 --> 23:04.600] Well, it's not a court of record, for one thing, [23:04.600 --> 23:07.600] so I just state nothing when I'm in the hearings [23:07.600 --> 23:09.600] and then just put everything down in my pleadings, [23:09.600 --> 23:14.600] because that's the only way that I can really establish a record is in my pleadings. [23:14.600 --> 23:19.600] Well, what Graves says and what Mike Mears says, too, is that if it's not a court of record, [23:19.600 --> 23:23.600] you may have to hire a transcriber. [23:23.600 --> 23:24.600] Right. [23:24.600 --> 23:28.600] There isn't one around in my county, though, or in my town. [23:28.600 --> 23:31.600] I've looked for one court reporter or anything. [23:31.600 --> 23:36.600] But my main question is that even though I'm in the lowest court possible, [23:36.600 --> 23:43.600] I mean, I should still have due process rights at that court, right, even though it's low court? [23:43.600 --> 23:45.600] Exactly. [23:45.600 --> 23:50.600] What I suggest is you try something a little innovative. [23:50.600 --> 23:55.600] Get you one of these little recorder pins and go into the court [23:55.600 --> 24:01.600] and tell the judge that you've got an ear infection and I'm having a little trouble hearing. [24:01.600 --> 24:07.600] Will you look and speak clearly into my pin, please? [24:07.600 --> 24:10.600] That was just a thought. [24:10.600 --> 24:13.600] But it might not be a bad idea to take a recorder. [24:13.600 --> 24:14.600] Right. [24:14.600 --> 24:16.600] But can you even use that on appeal, though? [24:16.600 --> 24:18.600] I don't know if you can use a recorder. [24:18.600 --> 24:19.600] No. [24:19.600 --> 24:24.600] What you can use is a transcript you've taken from the recording. [24:24.600 --> 24:27.600] Oh, and then just make it into an affidavit, pull them on paper? [24:27.600 --> 24:29.600] Yes. [24:29.600 --> 24:30.600] Okay. [24:30.600 --> 24:32.600] Yeah, I've done that a couple times. [24:32.600 --> 24:36.600] But my question really is if I'm being violated of these rights, [24:36.600 --> 24:40.600] if I'm being violated of nature and cause of the charge, [24:40.600 --> 24:42.600] which is obvious because the complaint is nothing, [24:42.600 --> 24:46.600] it doesn't state any elements of any crime whatsoever, [24:46.600 --> 24:51.600] that and being denied discovery, all your discovery rights, [24:51.600 --> 24:56.600] I mean, can somebody initiate a 1983 before your case has been adjudicated [24:56.600 --> 24:58.600] or can... [24:58.600 --> 24:59.600] Absolutely. [24:59.600 --> 25:01.600] ...star one hit at any time? [25:01.600 --> 25:06.600] Yeah, 1983, you can do that any time if your rights have been violated. [25:06.600 --> 25:12.600] And it might be a good idea because discovery in a civil matter [25:12.600 --> 25:19.600] is more liberal and less restrictive than discovery in criminal. [25:19.600 --> 25:20.600] Right. [25:20.600 --> 25:24.600] You might be able to discover evidence in the civil [25:24.600 --> 25:28.600] that you can then turn around and use in the criminal. [25:28.600 --> 25:32.600] Because I thought that you couldn't until your case was dismissed or whatever, [25:32.600 --> 25:37.600] then you could go back after 1983, but I mean... [25:37.600 --> 25:43.600] No, once the violation is made, once they've denied a right, [25:43.600 --> 25:49.600] the criminal has nothing to do with the civil. [25:49.600 --> 25:51.600] Okay. [25:51.600 --> 25:55.600] So I can name probably about 10 different counts, [25:55.600 --> 25:58.600] because I know that I've been violated even though... [25:58.600 --> 26:00.600] Because I just thought just because they were in a lower court [26:00.600 --> 26:03.600] and they know that the next court is a trial of the NOVA [26:03.600 --> 26:05.600] and I just get all my remedies in or whatever, [26:05.600 --> 26:09.600] but I feel that I have due process even no matter what low court it is [26:09.600 --> 26:11.600] and I should be afforded those due process rights, [26:11.600 --> 26:14.600] so when they're violated, I think I have a cause of action. [26:14.600 --> 26:16.600] The case law is very clear. [26:16.600 --> 26:23.600] You have a right to a fair jurist in the first instance. [26:23.600 --> 26:25.600] Go after the judge. [26:25.600 --> 26:28.600] Always makes them happy when you kick them in the teeth. [26:28.600 --> 26:31.600] Well, I filed criminal complaints on everybody. [26:31.600 --> 26:33.600] It doesn't seem to do nothing. [26:33.600 --> 26:36.600] And another thing is I was on the road today [26:36.600 --> 26:38.600] and couldn't listen to you guys on the Internet, [26:38.600 --> 26:42.600] but I was listening to your recording on due process. [26:42.600 --> 26:44.600] My question is when I filed criminal complaints, [26:44.600 --> 26:49.600] did it summon for the district court to convene a grand jury against everybody? [26:49.600 --> 26:52.600] And I used the kidnapping charge because I wasn't brought before magistrate [26:52.600 --> 26:56.600] and all this other stuff and tampering with evidence, [26:56.600 --> 27:02.600] all the things in your briefs that you have on the Internet. [27:02.600 --> 27:08.600] The district judge came back, denied my petition to summon the grand jury [27:08.600 --> 27:14.600] with prejudice saying that I was arrested and then released on bail [27:14.600 --> 27:24.600] by a bond schedule, bail schedule that the judge set, a blanket bail schedule for the cops to set. [27:24.600 --> 27:28.600] And therefore, I was denied any due process by not being taken before magistrate [27:28.600 --> 27:31.600] because I was bailed out. [27:31.600 --> 27:33.600] I'm sorry, this is on asking a question. [27:33.600 --> 27:37.600] Did the cops set your bail? [27:37.600 --> 27:40.600] Yeah, he said, well, here in Montana, [27:40.600 --> 27:45.600] the judge checks the bail for every offense, puts it in a book, [27:45.600 --> 27:47.600] and then when the cops takes you to jail, he says, [27:47.600 --> 27:53.600] okay, this is how much you have to pay me to release you. [27:53.600 --> 27:57.600] That is just an outrageous concept. [27:57.600 --> 28:03.600] There are circumstances where bail is preset for certain lower-level offenses. [28:03.600 --> 28:10.600] Well, if that's the case, then what needs to happen is that upon arrest, [28:10.600 --> 28:15.600] they need to take him immediately to the place where he can post bail, [28:15.600 --> 28:17.600] like say, for example, if he's got the cash in his pocket [28:17.600 --> 28:22.600] or if he can call somebody immediately to post bail so that if bail is preset, [28:22.600 --> 28:28.600] then you pay the bail right away and you get to walk without ever being booked, okay? [28:28.600 --> 28:30.600] Yeah, that's exactly what I put in my pleadings [28:30.600 --> 28:34.600] because in the transportation code or in the motor vehicle code, [28:34.600 --> 28:39.600] it tells you that you are arrested as soon as you're stopped on the side of the road [28:39.600 --> 28:43.600] and then these are issued a notice to appear while you're on the side of the road [28:43.600 --> 28:49.600] or they can wait for a state trooper or they can take you to nearest magistrate. [28:49.600 --> 28:53.600] So what they do is they take you to jail, then they set your bail, [28:53.600 --> 28:57.600] and then they issue a notice to appear before a judge. [28:57.600 --> 28:59.600] It's totally illegal in every state. [28:59.600 --> 29:03.600] And I brought all that up in my pleadings and they don't understand it yet, [29:03.600 --> 29:07.600] but I'm thinking all those are violations too. [29:07.600 --> 29:10.600] Okay, there's a question I had. [29:10.600 --> 29:18.600] You filed criminal complaints and a judge dismissed them with prejudice? [29:18.600 --> 29:21.600] He dismissed the petition to summon the grand jury [29:21.600 --> 29:23.600] because we don't have grand juries here. [29:23.600 --> 29:27.600] You've got to go to the district court to get one. [29:27.600 --> 29:33.600] So he dismissed my petition to summon the grand jury. [29:33.600 --> 29:38.600] Then petition for writ of mandamus to higher court. [29:38.600 --> 29:40.600] Well, that was quite a while ago. [29:40.600 --> 29:44.600] I don't know if you can appeal that decision after a certain time. [29:44.600 --> 29:45.600] That's not an appeal. [29:45.600 --> 29:46.600] He's talking about writ of mandamus, [29:46.600 --> 29:48.600] but generally the courts will not grant a writ of mandamus [29:48.600 --> 29:52.600] unless you've already appealed and had your appeal denied. [29:52.600 --> 29:54.600] Listen, wait, we've got to go to break. [29:54.600 --> 30:00.600] No more wine, Stephen. We'll be right back. [30:00.600 --> 30:03.600] Come down and enjoy Austin's own piece of the Caribbean [30:03.600 --> 30:05.600] right on the banks of the Colorado River. [30:05.600 --> 30:08.600] One Love Kitchen, jerk chicken and vegetarian food. [30:08.600 --> 30:10.600] 3109 East Cesar Chavez. [30:10.600 --> 30:13.600] That's 3109 East 1st Street right next door to Planet K. [30:13.600 --> 30:15.600] Lunch and dinner plates starting at $5. [30:15.600 --> 30:16.600] You can't beat that. [30:16.600 --> 30:20.600] Serving the real thing, jerk chicken, vegetarian and seafood Saturdays. [30:20.600 --> 30:23.600] Monday through Wednesday, Friday and Saturday, [30:23.600 --> 30:25.600] late night with Empress Down Crew. [30:25.600 --> 30:27.600] All right, also link up at onelovekitchen.net. [30:27.600 --> 30:30.600] That's onelovekitchen.net. [30:30.600 --> 30:32.600] It seems like everywhere you turn nowadays, [30:32.600 --> 30:35.600] someone wants your name, Social Security number and date of birth. [30:35.600 --> 30:38.600] But you should think twice before giving away your personal data. [30:38.600 --> 30:42.600] I'm Dr. Catherine Albrecht, and I'll say more in just a moment. [30:42.600 --> 30:45.600] Google is watching you, recording everything you've ever searched for [30:45.600 --> 30:49.600] and creating a massive database of your personal information. [30:49.600 --> 30:50.600] That's creepy. [30:50.600 --> 30:52.600] But it doesn't have to be that way. [30:52.600 --> 30:55.600] Startpage.com is the world's most private search engine. [30:55.600 --> 30:58.600] Startpage.com doesn't store your IP address, [30:58.600 --> 31:00.600] make a record of your searches or use tracking cookies, [31:00.600 --> 31:02.600] and they're third-party certified. [31:02.600 --> 31:06.600] If you don't like Big Brother spying on you, start over with Startpage. [31:06.600 --> 31:09.600] Great search results and total privacy. [31:09.600 --> 31:12.600] Startpage.com, the world's most private search engine. [31:12.600 --> 31:15.600] Forms, forms, forms, they're everywhere. [31:15.600 --> 31:19.600] But just because a piece of paper asks for information doesn't mean you have to give it. [31:19.600 --> 31:24.600] I leave blank spaces on forms all the time, or I write N slash A for not applicable, [31:24.600 --> 31:26.600] and usually nobody notices or cares. [31:26.600 --> 31:29.600] I never give my Social Security number or date of birth [31:29.600 --> 31:33.600] unless it's absolutely mandatory for employment or a government requirement, [31:33.600 --> 31:36.600] and I won't give my phone number to a company or an organization [31:36.600 --> 31:39.600] unless I actually want them to call me, and that's pretty rare. [31:39.600 --> 31:44.600] To preserve our vanishing privacy, we need to practice saying no to random data requests. [31:44.600 --> 31:46.600] It's like exercising a muscle. [31:46.600 --> 31:48.600] It gets easier the more you do it. [31:48.600 --> 31:49.600] I'm Dr. Katherine Albrecht. [31:49.600 --> 31:52.600] More news and information at KatherineAlbrecht.com. [31:52.600 --> 32:19.600] ... [32:19.600 --> 32:28.600] Mm-hmm, yeah, I won't. [32:28.600 --> 32:31.600] Oh, I won't. [32:31.600 --> 32:39.600] I won't let you pull the wool over my eyes. [32:39.600 --> 32:46.600] I only must refuse your news, also I've been lied. [32:46.600 --> 32:54.600] It seems you like the fact, but please take some words to the wise. [32:54.600 --> 33:21.600] Please stop trying to pull the wool over my eyes. [33:21.600 --> 33:32.600] Mm-hmm. [33:32.600 --> 33:39.600] An orange is an orange and will never be an apple. [33:39.600 --> 33:42.600] These images are no good. [33:42.600 --> 33:47.600] It is no tough concept to grapple. [33:47.600 --> 33:50.600] It's just too much to bear. [33:50.600 --> 33:55.600] I won't wear your evil shackles. [33:55.600 --> 34:07.600] A bluebird is a bluebird and will never be a grackle. [34:07.600 --> 34:17.600] Yeah. [34:17.600 --> 34:25.600] Please stop this mess. [34:25.600 --> 34:33.600] Oh. [34:33.600 --> 34:36.600] Can you say, cover up? [34:36.600 --> 34:37.600] What's up? [34:37.600 --> 34:41.600] Get, get it done. [34:41.600 --> 34:48.600] And your eyes further don't help murder these soldiers so young. [34:48.600 --> 34:56.600] To profit from criminals at minimum must make you one. [34:56.600 --> 34:58.600] Can you say, cover up? [34:58.600 --> 35:00.600] What's up? [35:00.600 --> 35:04.600] Get it done. [35:04.600 --> 35:05.600] Okay, folks. [35:05.600 --> 35:07.600] Sorry, I had a little extended break there. [35:07.600 --> 35:11.600] We're speaking with Stephen in Montana. [35:11.600 --> 35:14.600] Okay, Stephen, continue, please. [35:14.600 --> 35:16.600] Okay. [35:16.600 --> 35:22.600] So what was happening is, well, we left off on appeal or mandamus. [35:22.600 --> 35:23.600] I'm in the lowest court. [35:23.600 --> 35:24.600] We only have three stage courts here. [35:24.600 --> 35:29.600] We've got the Justice Court, the District Court, and then the seven-panel Supreme Court. [35:29.600 --> 35:34.600] And I filed the criminal complaints against and the summons to convene the grand jury with the District Court, [35:34.600 --> 35:40.600] the next higher court up from mine, the one who dismissed it. [35:40.600 --> 35:43.600] So that was a while back. [35:43.600 --> 35:46.600] The dismissal is a final order. [35:46.600 --> 35:58.600] You can appeal that or you can petition the next court up for a mandamus ordering this judge to convene a grand jury. [35:58.600 --> 36:00.600] Okay. [36:00.600 --> 36:04.600] I kind of made some mistakes on my complaint. [36:04.600 --> 36:11.600] I named the wrong county that it happened in, but I could amend those and then... [36:11.600 --> 36:20.600] As far as I know, there's only one fatal error you can make on a complaint, and that involves the date. [36:20.600 --> 36:29.600] If you accuse them of committing a criminal act tomorrow or next year, that cannot be amended. [36:29.600 --> 36:32.600] If it gets trashed, you have to refile. [36:32.600 --> 36:40.600] But almost any other error in the complaint, because complaints are intended to be written and filed by citizens, [36:40.600 --> 36:44.600] almost any other error can be corrected. [36:44.600 --> 36:45.600] Okay. [36:45.600 --> 36:49.600] Speaking of complaints, Randy, when we get an opportunity, if we get an opportunity, [36:49.600 --> 36:53.600] I'd like to introduce you to the one I came up with today. [36:53.600 --> 36:55.600] I have a question here. [36:55.600 --> 37:03.600] Randy, you're talking about filing criminal complaints and the fatal error on criminal complaint being saying the wrong date. [37:03.600 --> 37:07.600] Steven, you're talking about... [37:07.600 --> 37:15.600] Or at some point, you were talking about a motion that you had filed, a petition asking the judge to convene a grand jury. [37:15.600 --> 37:16.600] Is that correct? [37:16.600 --> 37:17.600] Correct. [37:17.600 --> 37:21.600] And you're saying that they denied that petition? [37:21.600 --> 37:22.600] Yeah. [37:22.600 --> 37:25.600] So, but that's... [37:25.600 --> 37:28.600] Are they required to convene a grand jury? [37:28.600 --> 37:32.600] Is that why Randy's talking about a criminal complaint in this situation? [37:32.600 --> 37:34.600] No, I'm not talking about a criminal complaint. [37:34.600 --> 37:36.600] I'm talking about a red mandamus. [37:36.600 --> 37:37.600] Okay. [37:37.600 --> 37:45.600] You're asking a higher court to say your refusal to convene a grand jury was improper. [37:45.600 --> 37:47.600] Have you appealed... [37:47.600 --> 37:48.600] I'm sorry. [37:48.600 --> 37:51.600] Have you appealed this decision, Steven? [37:51.600 --> 37:52.600] No, I didn't. [37:52.600 --> 37:53.600] This was backwards. [37:53.600 --> 37:54.600] Wait a minute. [37:54.600 --> 38:04.600] This is not the nature of a decision, not a matter that's in the nature of a case before the court. [38:04.600 --> 38:11.600] He's made a request of the court to do something the court's authorized to do, and it's not really a motion. [38:11.600 --> 38:18.600] It's a petition to the court, and he simply denied your petition. [38:18.600 --> 38:26.600] Right, and under the grand jury convening, it says on the behalf of the public interest. [38:26.600 --> 38:32.600] And so why wouldn't he file an appeal of that denial? [38:32.600 --> 38:38.600] Because the nature of the filing, he didn't file a case in the court. [38:38.600 --> 38:40.600] So there's not a case to appeal. [38:40.600 --> 38:45.600] This is something that generally falls within the discretion of the judge. [38:45.600 --> 38:47.600] It's outside a case. [38:47.600 --> 38:49.600] Right. [38:49.600 --> 39:04.600] So a written mandamus would be the appropriate cure here, the appropriate next step in order to get a higher court to order the judge to do what he should have done in the first place. [39:04.600 --> 39:05.600] Right. [39:05.600 --> 39:21.600] Well, and another thing I was thinking of in Montana, it says that when a person or when any court in Montana gets a complaint or whatever, they have to find probable cause to allow the complaint. [39:21.600 --> 39:33.600] Now, it just says a court, and then you go into the government code, and it names all the different courts, which is the Supreme Court, District Court, and the Justice Court, and your city court. [39:33.600 --> 39:44.600] And so I don't know why somebody couldn't just go straight to the seven panel Supreme Court to file a criminal complaint because it doesn't restrict it to just District Court or Justice Court to file a criminal complaint. [39:44.600 --> 39:46.600] I don't see why you couldn't either. [39:46.600 --> 39:57.600] I did it to the highest court in Texas, and when they refused to take it, I wound up getting input before the grand jury. [39:57.600 --> 39:59.600] Huh. [39:59.600 --> 40:02.600] That's amazing. [40:02.600 --> 40:10.600] Maybe that's another remedy I can do, but I think right now what I need to do is sue them because there's a faulty complaint and the denial of discovery. [40:10.600 --> 40:14.600] I haven't got any discovery, videotapes, notes from office, interrogatories, nothing. [40:14.600 --> 40:20.600] And I did a motion to compel, and the judge denied my motion, an unopposed motion. [40:20.600 --> 40:23.600] My discovery was unopposed, and so was my motion to compel. [40:23.600 --> 40:26.600] Well, no, actually, the prosecutor didn't even get to respond. [40:26.600 --> 40:29.600] The judge denied it the day after I sent it in. [40:29.600 --> 40:43.600] Okay, for those issues that go to the adjudication of your case, those are ripe for interlocutory appeal. [40:43.600 --> 40:48.600] Okay, yeah, I'm not familiar, but there's nothing in the code about interlocutory appeal. [40:48.600 --> 40:58.600] Well, interlocutory appeal is just the name for an appeal that you take before the case reaches final adjudication. [40:58.600 --> 41:08.600] If the court has denied you something, that will make it impossible for you to adequately adjudicate your case. [41:08.600 --> 41:17.600] So if the court goes ahead with the entire case, it's a waste of time and resources. [41:17.600 --> 41:29.600] So in the interest of judicial economy and due process, the court, you need to appeal now so that the judge can come in and say, hey, do this right in the first instance, [41:29.600 --> 41:39.600] until instead of forcing you to go all the way through court with no evidence, appealing it and then have to do the whole thing all over again. [41:39.600 --> 41:43.600] Okay, so would that be an adjudication then or a motion? [41:43.600 --> 41:49.600] That would be a petition for interlocutory appeal. [41:49.600 --> 41:52.600] In the next higher court or in my court? [41:52.600 --> 41:54.600] Next higher court. [41:54.600 --> 41:55.600] Okay. [41:55.600 --> 42:00.600] Or the court to which you would appeal in this jurisdiction. [42:00.600 --> 42:02.600] Right, right. [42:02.600 --> 42:07.600] If it's a municipal, it will most likely appeal to the county court. [42:07.600 --> 42:20.600] Yeah, I'd be in the county court and just use the same case number and everything and then bring forth all my evidence of all the denials of everything and basically the same thing I did. [42:20.600 --> 42:28.600] The county court is almost certainly going to deny your appeal, but then you get to take it all the way to the highest court in the state. [42:28.600 --> 42:36.600] Right, and that's what I did because I did do a writ of prohibition and they said they wouldn't hear it because I didn't seek any other remedies first. [42:36.600 --> 42:40.600] And that would be my other remedy, right, would be an interlocutory appeal. [42:40.600 --> 42:41.600] Exactly. [42:41.600 --> 42:43.600] Okay. [42:43.600 --> 42:53.600] So just use the exact same thing I put with the Supreme Court the first time it got denied and then use that issue to just change this setting from writ of prohibition to an interlocutory appeal. [42:53.600 --> 42:54.600] Yes. [42:54.600 --> 42:56.600] All right, sounds great. [42:56.600 --> 43:02.600] The guys who win are the guys who just never quit. [43:02.600 --> 43:07.600] Yeah, well, hopefully they'll be there. [43:07.600 --> 43:08.600] All right, well, thanks a lot. [43:08.600 --> 43:22.600] If you get time, Randy, you can discuss later on or something or another time about anything that you or us as solvers, we can do anything that we can do and they can only do what the law says they can do. [43:22.600 --> 43:25.600] I'm kind of not sure about that. [43:25.600 --> 43:35.600] Oh, okay. [43:35.600 --> 43:41.600] All right, thanks, Stephen. [43:41.600 --> 43:50.600] Okay, we'll be taking more of your calls on the other side, as well as getting comments from Randy on that point when we get back. [43:50.600 --> 44:00.600] If you'd like to call in 512-646-1984, this is the rule of law. [44:00.600 --> 44:07.600] More energy, stronger immune power, improved sense of well-being. [44:07.600 --> 44:11.600] How many supplements have you heard boast of these benefits? [44:11.600 --> 44:20.600] The team behind Shentrician believes that supplements should over-deliver on their promises, and Shentrician does just that. [44:20.600 --> 44:24.600] Shentrician utilizes the ancient healing wisdom of Chinese medicine. [44:24.600 --> 44:37.600] In conjunction with the science of modern nutrition, adaptogenic herbs serve as the healing component, and organic hemp protein and greens and superfoods act as a balanced nutrient base. [44:37.600 --> 44:41.600] Plus, Shentrician tastes great in just water. 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[45:33.600 --> 45:42.600] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [45:42.600 --> 45:51.600] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more. [45:51.600 --> 46:00.600] Please visit wtprn.com and click on the banner or call toll-free 866-LAW-EZ. [46:21.600 --> 46:22.600] We're here. [46:22.600 --> 46:27.600] Always, I must be careful what I'm wishing for. [46:27.600 --> 46:33.600] When I'm hungry, I like to know just what I'm fishing for. [46:33.600 --> 46:38.600] I ain't asking for much, I ain't trying to be no glutton. [46:38.600 --> 46:43.600] I'm just here making my living pushing buttons. [46:43.600 --> 46:56.600] I give my message out to anyone who's shouting, dissing, evoking bravery, and against slavery, showing resistance. [46:56.600 --> 47:01.600] First I'm crawling, then I'm walking, then I start strutting. [47:01.600 --> 47:09.600] I'm just so glad to make my living pushing buttons. [47:09.600 --> 47:13.600] Okay, folks, we're back. [47:13.600 --> 47:15.600] We're taking your calls. [47:15.600 --> 47:26.600] But before we go to the calls, I want to go back to this point about appealing a decision of a judge versus filing writ of mandamus. [47:26.600 --> 47:31.600] And this is kind of a fine point of law Randy and I were discussing on the break. [47:31.600 --> 47:40.600] And Randy was saying that concerning this petition that Stephen's filing, that he wouldn't be appealing, [47:40.600 --> 47:44.600] that there's no need to appeal because there's no case. [47:44.600 --> 47:49.600] And when you appeal, you're appealing the case and there's no case, so it stops there and you do the mandamus. [47:49.600 --> 47:59.600] Well, this isn't exactly, this is a fine point of law, but this isn't exactly correct, I believe, [47:59.600 --> 48:04.600] according to what Dr. Frederick Graves has told me about this and Harmon Taylor. [48:04.600 --> 48:09.600] And they have combined like over 40 years of experience as attorneys. [48:09.600 --> 48:11.600] This is what they told me. [48:11.600 --> 48:15.600] And we, Randy and I have personal experience with this exact issue. [48:15.600 --> 48:23.600] We filed a civil lawsuit against an FCC agent personally for violating state law here in Texas. [48:23.600 --> 48:26.600] I'm not going to get into the issues of the case because it will take too long. [48:26.600 --> 48:29.600] We were not suing the FCC. [48:29.600 --> 48:38.600] We filed a civil lawsuit against this agent personally for civil torts resulting from violations of state statute. [48:38.600 --> 48:40.600] This is totally allowed. [48:40.600 --> 48:41.600] It happens all the time. [48:41.600 --> 48:45.600] You don't have to sue a federal agent in federal court. [48:45.600 --> 48:49.600] If you're suing the agency, yes, you have to sue in federal court. [48:49.600 --> 48:53.600] You cannot sue the federal government or federal agency in the state court. [48:53.600 --> 48:59.600] You can sue individual federal employees personally in the state court if there's violations of state law [48:59.600 --> 49:02.600] and state torts cause of action. [49:02.600 --> 49:06.600] Okay, well anyway, we filed a lawsuit against this FCC agent. [49:06.600 --> 49:15.600] Well, on the last day that he had to respond, according to civil rules of procedure here in Texas, [49:15.600 --> 49:21.600] what he did was he went crying to the U.S. attorney, or maybe he did at some point earlier than the last day. [49:21.600 --> 49:30.600] At any rate, on the last day that he had to respond, the U.S. attorney came in and removed the case to federal courts [49:30.600 --> 49:37.600] claiming that we filed a frivolous lawsuit because we're trying to sue the federal government in state courts. [49:37.600 --> 49:48.600] And so the case got removed to federal court, and immediately the federal judge, the district judge, dismissed our lawsuit. [49:48.600 --> 49:57.600] And the judge admitted that he had no subject matter jurisdiction over the case, yet he dismissed the case with prejudice. [49:57.600 --> 50:04.600] That is a substantive ruling in a case, all right, and he admitted he had no subject matter jurisdiction. [50:04.600 --> 50:10.600] Well, if we had filed the case in federal court, he could have dismissed the case and made the whole thing go away. [50:10.600 --> 50:18.600] But we didn't file in federal court, we filed in the state court, and according to all case law precedent, [50:18.600 --> 50:23.600] his only option was to remand the case back to the state. [50:23.600 --> 50:25.600] He admitted he had no subject matter jurisdiction. [50:25.600 --> 50:30.600] He can't make a substantive ruling in a case and say he has no subject matter jurisdiction. [50:30.600 --> 50:33.600] You can't have your cake and eat it too, you can't have both at the same time. [50:33.600 --> 50:43.600] Okay, so we didn't appeal the federal judge's decision because Randy and I, at the time, discussed this matter amongst ourselves, [50:43.600 --> 50:45.600] and we were like, well, appeal what? [50:45.600 --> 50:50.600] There's no case, there's nothing to appeal, even the judge himself. [50:50.600 --> 50:58.600] Okay, the one thing that all three parties were in agreement about, the U.S. attorney and the judge and us, the plaintiffs and the defendant, [50:58.600 --> 51:05.600] the one thing that everyone was in agreement with was that the federal court had no subject matter jurisdiction. [51:05.600 --> 51:06.600] There was no case. [51:06.600 --> 51:08.600] Okay, so we're like, there's nothing to appeal. [51:08.600 --> 51:14.600] So, like Randy was saying in the previous segment, the answer is to file a writ of mandamus with the next higher court, [51:14.600 --> 51:17.600] which in this case would be the Fifth Circuit Court of Appeals. [51:17.600 --> 51:23.600] Well, number one, we waited too long, we lost our window for appeal anyway, which is fatal. [51:23.600 --> 51:25.600] That is a fatal error in a case. [51:25.600 --> 51:28.600] If you don't file an appeal within the window, it's over. [51:28.600 --> 51:30.600] There's no exceptions. [51:30.600 --> 51:33.600] All right, well, at any rate, we didn't think we needed to. [51:33.600 --> 51:35.600] We missed the window. [51:35.600 --> 51:39.600] So later on down the line, we filed this petition for writ of mandamus. [51:39.600 --> 51:42.600] Well, it got denied. [51:42.600 --> 51:45.600] Well, number one, it didn't even get denied by the court. [51:45.600 --> 51:47.600] It wasn't signed by a judge. [51:47.600 --> 51:51.600] It got denied by the clerk, which is illegal, and the clerk didn't even sign the denial. [51:51.600 --> 51:52.600] It was like a stamp. [51:52.600 --> 51:55.600] Okay, so we could possibly still do something about that. [51:55.600 --> 51:59.600] Well, at any rate, what the clerk said, and it looked like a form letter. [51:59.600 --> 52:05.600] It said that your petition for writ of mandamus, our petition for writ of mandamus, [52:05.600 --> 52:10.600] we were asking the Fifth Circuit to order the lower federal court to remand our case back to the state, [52:10.600 --> 52:13.600] which is what was supposed to have happened to begin with. [52:13.600 --> 52:18.600] Well, the Fifth Circuit denied our petition for writ of mandamus because they said, [52:18.600 --> 52:27.600] you do not take all possible remedies in this matter before asking us for a writ of mandamus. [52:27.600 --> 52:31.600] They said a writ of mandamus is an extraordinary matter for the court. [52:31.600 --> 52:36.600] It is an extraordinary matter for a higher court to order a lower court to do something. [52:36.600 --> 52:38.600] That's what a writ of mandamus is. [52:38.600 --> 52:40.600] The higher court orders the lower court to do something, [52:40.600 --> 52:48.600] and they are not going to do that unless they can see that you've made very strong case in the matter, [52:48.600 --> 52:54.600] arguments in the matter, and that you have already taken all possible remedies, which we hadn't done. [52:54.600 --> 52:57.600] But our reasoning at the time was that there's nothing to appeal. [52:57.600 --> 52:58.600] There's no case. [52:58.600 --> 53:00.600] We're not appealing a case. [53:00.600 --> 53:03.600] We're not appealing any legal arguments because, number one, we were thinking, [53:03.600 --> 53:06.600] if we appeal, well, then what are we asking to do? [53:06.600 --> 53:09.600] We're asking the higher court to hear the case? [53:09.600 --> 53:11.600] No, we don't want the higher court to hear the case. [53:11.600 --> 53:14.600] The whole point is it's not supposed to be in the federal court to begin with. [53:14.600 --> 53:16.600] The case isn't supposed to be heard in the federal court. [53:16.600 --> 53:18.600] Everyone was in agreement on that. [53:18.600 --> 53:25.600] Well, I asked Dr. Frederick Graves about this matter, what this clerk had ordered, and Anne Harmon Taylor, [53:25.600 --> 53:27.600] and they both told me the same thing. [53:27.600 --> 53:32.600] They said you should have appealed, but you would not have been appealing the case [53:32.600 --> 53:34.600] because, of course, there is no case. [53:34.600 --> 53:38.600] You would be appealing the decision of the judge. [53:38.600 --> 53:42.600] And both of them said that you always appeal no matter what. [53:42.600 --> 53:46.600] Even if there's no case, even if they say there's no subject matter jurisdiction, you appeal, [53:46.600 --> 53:48.600] but you're appealing the decision of the judge. [53:48.600 --> 53:50.600] You're not appealing the case. [53:50.600 --> 53:52.600] You're not appealing on the merits of the case. [53:52.600 --> 53:53.600] You're not appealing the case. [53:53.600 --> 53:55.600] You're appealing the decision of the judge. [53:55.600 --> 53:56.600] That's what both of them told me. [53:56.600 --> 54:00.600] And Harmon Taylor also told me to look at it this way. [54:00.600 --> 54:05.600] He said when you're dealing with lawsuits and the courts in general, [54:05.600 --> 54:12.600] you always want to pursue remedies in equity before you pursue remedies in law. [54:12.600 --> 54:18.600] And Harmon Taylor told me that filing an appeal is a remedy in equity, [54:18.600 --> 54:22.600] whereas filing a writ of mandamus is a remedy in law. [54:22.600 --> 54:25.600] And I'm not exactly sure what all the differences are, [54:25.600 --> 54:29.600] but he said that's a rule of thumb and researched what the differences are. [54:29.600 --> 54:36.600] And so he said rule of law, I mean, not rule of law, rule of thumb, always pursue all your remedies [54:36.600 --> 54:39.600] in equity first before pursuing your remedies in law. [54:39.600 --> 54:43.600] And so that should be a lesson to all of us. [54:43.600 --> 54:47.600] Don't ever blow off appealing, even if you think there's nothing to appeal. [54:47.600 --> 54:53.600] You always appeal, and you have to do it within the window or else you're dead in the water. [54:53.600 --> 54:57.600] So anyway, that's, I just want to, it's kind of a fine point in law, [54:57.600 --> 55:02.600] but I think it's very important because you can't just assume, well, there's no case. [55:02.600 --> 55:03.600] There's nothing to appeal. [55:03.600 --> 55:05.600] I'll ask for mandamus. [55:05.600 --> 55:06.600] It doesn't work like that. [55:06.600 --> 55:08.600] So you appeal the decision of the judge. [55:08.600 --> 55:11.600] Anyway, so is that clear? [55:11.600 --> 55:12.600] Does that make sense? [55:12.600 --> 55:14.600] I stand corrected. [55:14.600 --> 55:15.600] Well, it wasn't me correcting you. [55:15.600 --> 55:18.600] It was Harmon Taylor and Graves, so blame it on them. [55:18.600 --> 55:20.600] I can be corrected by Harmon Taylor. [55:20.600 --> 55:21.600] Okay. [55:21.600 --> 55:22.600] Absolutely. [55:22.600 --> 55:23.600] He's the man. [55:23.600 --> 55:24.600] Harmon Taylor is so deep. [55:24.600 --> 55:27.600] Every time I talk to him, my head spins for two or three days. [55:27.600 --> 55:28.600] He's the most amazing man. [55:28.600 --> 55:31.600] Harmon Taylor, when he was a practicing attorney, [55:31.600 --> 55:41.600] he's the one that sued the U.S. government for injunction for stay of execution for Timothy McVeigh [55:41.600 --> 55:44.600] because there was not sufficient evidence against him, [55:44.600 --> 55:47.600] and there was plenty of evidence to show that other people were involved [55:47.600 --> 55:49.600] and that something else was going on. [55:49.600 --> 55:54.600] And he got pretty far with it, but the powers that be wouldn't let it fly. [55:54.600 --> 55:59.600] So yeah, if anybody knows anything about Harmon Taylor, he is the man, I'm telling you. [55:59.600 --> 56:02.600] He's a true patriot, a true fighter, and he knows what he's doing. [56:02.600 --> 56:04.600] It's too bad he's not still a licensed attorney. [56:04.600 --> 56:09.600] But at any rate, so that's the deal with appeals and mandamus. [56:09.600 --> 56:14.600] So all right, let's continue to your calls. [56:14.600 --> 56:18.600] We are going now to Jerry in Texas. [56:18.600 --> 56:20.600] I'm here. [56:20.600 --> 56:21.600] Hey, Jerry, thanks for holding us so long. [56:21.600 --> 56:23.600] What is your question for us tonight? [56:23.600 --> 56:24.600] Okay. [56:24.600 --> 56:27.600] Well, it looks like all roads lead to Rome again, [56:27.600 --> 56:32.600] because what you all are just discussing is where I think this road is going to lead. [56:32.600 --> 56:35.600] I'll tell you a little bit about the case. [56:35.600 --> 56:44.600] What we're dealing with here is an IRS notice, a federal notice of living, [56:44.600 --> 56:49.600] that we're using what Lou Watson told about when he was on your program, [56:49.600 --> 56:56.600] where you just go down to the clerk's office and pick up a certified copy of what's in the file. [56:56.600 --> 57:01.600] You get it to a district judge, and he put a motion in for him to rule [57:01.600 --> 57:06.600] whether it's a legitimate lien or it is not. [57:06.600 --> 57:12.600] Well, a friend of mine has done that, and he filed it in in Dallas County. [57:12.600 --> 57:16.600] I would send him a letter that said, well, you're going to have to subpoena the IRS agency [57:16.600 --> 57:20.600] to put this information in there before I do anything. [57:20.600 --> 57:24.600] And he set a date for them to go to, for him to appear in court. [57:24.600 --> 57:30.600] Well, he appeared in court, and he had with him a copy from the Secretary of State [57:30.600 --> 57:33.600] saying there was no liens against him. [57:33.600 --> 57:40.600] And he explained to the judge that all this paperwork that he filed in was to be done ex parte. [57:40.600 --> 57:46.600] Anybody who wants to can go on the Internet and type in, [57:46.600 --> 57:50.600] Texas has just passed a law and get all this stuff we're talking about here. [57:50.600 --> 57:55.600] But that judge told him, I know what the law says, [57:55.600 --> 58:00.600] but I'm telling you, unless you subpoena those IRS agents in here, [58:00.600 --> 58:06.600] and they don't show up within, I forget the time, but he said, I'm going to dismiss it. [58:06.600 --> 58:10.600] But to me, I hear the music, but to me, it looks to me like he's wanting to get them there [58:10.600 --> 58:15.600] so they can just throw it out into federal court and do away with it that way. [58:15.600 --> 58:18.600] Yeah, well, it's kind of similar to what happened to us, Jerry. [58:18.600 --> 58:22.600] They removed our case to federal court immediately just for the sole purpose [58:22.600 --> 58:25.600] so that the federal judge could dismiss it. [58:25.600 --> 58:30.600] And there's plenty of case law against that practice that is totally illegal. [58:30.600 --> 58:34.600] And we still could go after this federal judge with criminal charges as well. [58:34.600 --> 58:37.600] But at this point, I think that whole case we filed is sort of moot, [58:37.600 --> 58:39.600] so it's probably not worth our time. [58:39.600 --> 58:43.600] But at any rate, Jerry, please hold on the line, and we will be back. [58:43.600 --> 58:44.600] On the other side, we've got one more hour. [58:44.600 --> 58:46.600] We've got Dan and Carlos on the line. [58:46.600 --> 58:52.600] Carlos, if you'd like to call in 512-646-1984, we've got one more hour. [58:52.600 --> 58:54.600] Russell in Texas as well, just call in. [58:54.600 --> 58:59.600] We'll be right back. [58:59.600 --> 59:02.600] It is so enlightening to listen to 90.1 FM, [59:02.600 --> 59:05.600] but finding things on the Internet isn't so easy, [59:05.600 --> 59:08.600] and neither is finding like-minded people to share it with. [59:08.600 --> 59:11.600] Oh, well, I guess you haven't heard of Brave New Books, then. [59:11.600 --> 59:12.600] Brave New Books? [59:12.600 --> 59:15.600] Yes, Brave New Books has all the books and DVDs you're looking for [59:15.600 --> 59:19.600] by authors like Alex Jones, Ron Paul, and G. Edward Griffin. [59:19.600 --> 59:23.600] They even stock inner food, Berkey products, and Calvin Soaps. [59:23.600 --> 59:25.600] There's no way a place like that exists. [59:25.600 --> 59:27.600] Go check it out for yourself. [59:27.600 --> 59:31.600] It's downtown at 1904 Guadalupe Street, just south of UT. [59:31.600 --> 59:34.600] By UT, there's never anywhere to park down there. [59:34.600 --> 59:37.600] Actually, they now offer a free hour of parking [59:37.600 --> 59:40.600] for paying customers at the 500 MLK Parking Facility, [59:40.600 --> 59:42.600] just behind the bookstore. [59:42.600 --> 59:45.600] It does exist, but when are they open? [59:45.600 --> 59:50.600] Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays. [59:50.600 --> 59:54.600] So give them a call at 512-480-2503, [59:54.600 --> 59:59.600] or check out their events page at bravenewbookstore.com. [59:59.600 --> 01:00:04.600] This news brief brought to you by the International News Network. [01:00:04.600 --> 01:00:08.600] Four children died and three adults were wounded in a NATO raid [01:00:08.600 --> 01:00:11.600] in Afghanistan's eastern Ghazni province Wednesday. [01:00:11.600 --> 01:00:14.600] The deaths occurred when helicopter-borne NATO forces [01:00:14.600 --> 01:00:16.600] fired on locals in an orchard. [01:00:16.600 --> 01:00:20.600] Wednesday's incident comes days after NATO was accused [01:00:20.600 --> 01:00:26.600] of killing 13 civilians in Laghman province Sunday. [01:00:26.600 --> 01:00:29.600] The Pentagon is under orders from Congress [01:00:29.600 --> 01:00:34.600] to have its financial statements in auditable shape by 2017, [01:00:34.600 --> 01:00:37.600] and a government auditor says the Defense Department [01:00:37.600 --> 01:00:41.600] is making progress toward putting its books in order. [01:00:41.600 --> 01:00:46.600] However, Senator Tom Carper says new military accounting systems [01:00:46.600 --> 01:00:53.600] are years behind schedule and at least $6.9 billion over budget. [01:00:53.600 --> 01:00:58.600] Computer expert Mikhail Hiponin says the Stuxnet computer worm [01:00:58.600 --> 01:01:01.600] was probably a government attack. [01:01:01.600 --> 01:01:05.600] The obvious conclusion from Stuxnet is that there isn't any clear motive [01:01:05.600 --> 01:01:07.600] other than sabotage, adding, [01:01:07.600 --> 01:01:09.600] no one has found a way to make money from this, [01:01:09.600 --> 01:01:12.600] which makes criminal involvement unlikely. [01:01:12.600 --> 01:01:15.600] If you look at the level of difficulty and complexity behind Stuxnet, [01:01:15.600 --> 01:01:20.600] it has to be a government effort. [01:01:20.600 --> 01:01:26.600] A dramatic surge in troop suicides has become the Pentagon's top emergency issue. [01:01:26.600 --> 01:01:30.600] Admiral Mike Mullen, chairman of the Joint Chiefs of Staff, [01:01:30.600 --> 01:01:33.600] said suicides have really jumped recently, [01:01:33.600 --> 01:01:36.600] forcing him and his top aides to look for a solution. [01:01:36.600 --> 01:01:40.600] Just last week, five Army soldiers took their lives. [01:01:40.600 --> 01:01:43.600] Suicides have always been a problem for the military, [01:01:43.600 --> 01:01:47.600] but the current war-hardened force is spending more time away from home [01:01:47.600 --> 01:01:50.600] than ever before and faces heightened stress, [01:01:50.600 --> 01:01:56.600] fighting an urban war and constantly trying to dodge hidden roadside bombs. [01:01:56.600 --> 01:01:58.600] Mullen said he expects, quote, [01:01:58.600 --> 01:02:03.600] a significant increase in the challenges facing U.S. troops and their families [01:02:03.600 --> 01:02:09.600] because long deployments will result in more pent-up feelings. [01:02:09.600 --> 01:02:14.600] Israel demonstrated its intent to conquer cyber warfare in the 1990s [01:02:14.600 --> 01:02:17.600] by presenting the country's legions of hackers [01:02:17.600 --> 01:02:20.600] with a choice between prison and working for the state. [01:02:20.600 --> 01:02:23.600] Thousands of people are said to have signed up since then [01:02:23.600 --> 01:02:28.600] and have been incorporated into the Israel Defense Forces Unit 8200. [01:02:28.600 --> 01:02:30.600] In the Israeli intelligence community, [01:02:30.600 --> 01:02:34.600] cyber warfare is regarded as an act of bravura [01:02:34.600 --> 01:02:38.600] that has given the country an edge in cross-border technology attacks. [01:02:38.600 --> 01:02:42.600] Hackers who invariably learn their skills as teenagers [01:02:42.600 --> 01:02:46.600] offer key advantages to countries engaged in cyber warfare. [01:02:46.600 --> 01:02:52.600] Unit 8200 has evolved into a respected leader in high technology warfare [01:02:52.600 --> 01:02:56.600] with one U.S. consultant rating it as the sixth biggest initiator [01:02:56.600 --> 01:02:59.600] of cyber attacks in a rapidly growing field. [01:02:59.600 --> 01:03:03.600] This news brief brought to you by the International News. [01:03:03.600 --> 01:03:09.600] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, [01:03:09.600 --> 01:03:13.600] a live free speech talk radio at its best. [01:03:13.600 --> 01:03:40.600] Music. [01:03:40.600 --> 01:04:09.600] Music. [01:04:09.600 --> 01:04:11.600] All right, folks, we're back. [01:04:11.600 --> 01:04:15.600] We're taking your calls. [01:04:15.600 --> 01:04:19.600] We were speaking with Jerry in Texas. [01:04:19.600 --> 01:04:21.600] But first, before we go back to Jerry, [01:04:21.600 --> 01:04:24.600] Dawn, you wanted to make some comments about the show [01:04:24.600 --> 01:04:26.600] and about our callers and such. [01:04:26.600 --> 01:04:27.600] I really did. [01:04:27.600 --> 01:04:31.600] I am so impressed at the caliber of knowledge [01:04:31.600 --> 01:04:33.600] that's coming across in people's questions, [01:04:33.600 --> 01:04:35.600] that they understand the process [01:04:35.600 --> 01:04:40.600] and that they're willing to keep driving through when our society [01:04:40.600 --> 01:04:44.600] really has, in a lot of ways, a victim mentality. [01:04:44.600 --> 01:04:47.600] There are so many people that the first time they get dismissed, [01:04:47.600 --> 01:04:50.600] they would kind of shake the dust off their hands and go home, [01:04:50.600 --> 01:04:53.600] whereas your listeners are appealing [01:04:53.600 --> 01:04:55.600] and they're looking for that next step, [01:04:55.600 --> 01:04:57.600] and they're going after that justice. [01:04:57.600 --> 01:04:59.600] And that's a rare quality anymore. [01:04:59.600 --> 01:05:04.600] People are more willing to just kind of roll over and take it. [01:05:04.600 --> 01:05:08.600] And that's not what our country was founded on, not at all. [01:05:08.600 --> 01:05:10.600] And it's refreshing. [01:05:10.600 --> 01:05:11.600] It's very refreshing. [01:05:11.600 --> 01:05:14.600] This is the first time I've heard the program complete, [01:05:14.600 --> 01:05:16.600] and it's fantastic. [01:05:16.600 --> 01:05:18.600] Well, the best compliment, I think, [01:05:18.600 --> 01:05:22.600] that any of our listeners could give us or themselves [01:05:22.600 --> 01:05:25.600] is that by the time that we leave a courtroom, [01:05:25.600 --> 01:05:28.600] every attorney and judge present wants to go out [01:05:28.600 --> 01:05:31.600] and buy stock at an aspirin company. [01:05:31.600 --> 01:05:36.600] I love it. [01:05:36.600 --> 01:05:42.600] Randy, tell Don what your goal is. [01:05:42.600 --> 01:05:47.600] Yeah, it's my position that if you don't know where you're going, [01:05:47.600 --> 01:05:51.600] you will probably wind up somewhere else. [01:05:51.600 --> 01:05:56.600] And it is my position and intent to place every judge in the country [01:05:56.600 --> 01:06:00.600] in a position such that when he steps up behind the bench [01:06:00.600 --> 01:06:05.600] and looks out across the bar at the gallery, he wonders which one, [01:06:05.600 --> 01:06:08.600] which one of those scoundrels out there are waiting for me [01:06:08.600 --> 01:06:10.600] to render a ruling that he doesn't like [01:06:10.600 --> 01:06:13.600] so he can file a judicial conduct complaint against me [01:06:13.600 --> 01:06:17.600] or run down to the grand jury and try to get me indicted. [01:06:17.600 --> 01:06:20.600] Thomas Jefferson said, [01:06:20.600 --> 01:06:23.600] when the people fear the government, there is tyranny. [01:06:23.600 --> 01:06:27.600] When the government fears the people, there is liberty. [01:06:27.600 --> 01:06:29.600] Liberty, absolutely. [01:06:29.600 --> 01:06:32.600] You know, it's funny when you said which one is going to have a ruling [01:06:32.600 --> 01:06:34.600] or see a ruling that they don't like. [01:06:34.600 --> 01:06:36.600] Even more important, which one of these guys [01:06:36.600 --> 01:06:39.600] is going to see the ruling that's illegal? [01:06:39.600 --> 01:06:41.600] That's right. [01:06:41.600 --> 01:06:43.600] Okay, let's go back to the caller. [01:06:43.600 --> 01:06:47.600] Our call board's getting full, so folks, let's try to keep it sustained here. [01:06:47.600 --> 01:06:49.600] Jerry from Texas? [01:06:49.600 --> 01:06:50.600] Yeah. [01:06:50.600 --> 01:06:51.600] Okay, so please continue. [01:06:51.600 --> 01:06:59.600] Okay, this process that Mr. Lew talked about on y'all's program, [01:06:59.600 --> 01:07:02.600] it definitely does work because I have a case, [01:07:02.600 --> 01:07:07.600] a copy of a case that he put before a judge the same way [01:07:07.600 --> 01:07:10.600] and the judge ruled on this motion in his favor. [01:07:10.600 --> 01:07:13.600] So it definitely does work. [01:07:13.600 --> 01:07:17.600] What I have heard it said, I see what y'all think about this, [01:07:17.600 --> 01:07:19.600] and I'll have a story if we have time. [01:07:19.600 --> 01:07:21.600] No, we don't have time for much stories, [01:07:21.600 --> 01:07:24.600] but yeah, just get to your point for your question [01:07:24.600 --> 01:07:26.600] because we've got a full board of callers. [01:07:26.600 --> 01:07:27.600] We only have an hour left. [01:07:27.600 --> 01:07:28.600] Okay. [01:07:28.600 --> 01:07:33.600] I've heard it said that a judge can say anything he wants to. [01:07:33.600 --> 01:07:37.600] He can sentence you to 30 years in prison, fine you $10,000. [01:07:37.600 --> 01:07:41.600] But if he don't sign his John Henry on it, it never happened. [01:07:41.600 --> 01:07:42.600] Is that true? [01:07:42.600 --> 01:07:47.600] And what would y'all advise as a remedy for this fellow to do [01:07:47.600 --> 01:07:50.600] to just sit on it and let that sucker dismiss it, [01:07:50.600 --> 01:07:55.600] do whatever he wants to do, or just what? [01:07:55.600 --> 01:07:59.600] Wait a minute, I'm not sure, let him dismiss what? [01:07:59.600 --> 01:08:04.600] He's told him he was going to, if he didn't subpoena these IRS attorneys [01:08:04.600 --> 01:08:07.600] or whoever filed this in that clerk's office, [01:08:07.600 --> 01:08:11.600] if he didn't subpoena them, subpoena them into this motion [01:08:11.600 --> 01:08:14.600] he's filed in there for the judge to decide on, [01:08:14.600 --> 01:08:17.600] he's just going to dismiss it. [01:08:17.600 --> 01:08:19.600] I have a question. [01:08:19.600 --> 01:08:24.600] Why does he not subpoena the agents? [01:08:24.600 --> 01:08:28.600] Well, you need to go and reach his if you don't understand what I'm [01:08:28.600 --> 01:08:33.600] talking about because it says it's a motion for the judge just to [01:08:33.600 --> 01:08:38.600] decide what's filed in that record is legal, [01:08:38.600 --> 01:08:41.600] is a legal lien judgment or it is not. [01:08:41.600 --> 01:08:46.600] And you can't have certified copies of what's in the record [01:08:46.600 --> 01:08:48.600] and that's all he's got to do. [01:08:48.600 --> 01:08:51.600] The rule, what's in that record is a legal judgment. [01:08:51.600 --> 01:08:55.600] I understand that, but I was wondering why he had an objection to subpoena [01:08:55.600 --> 01:08:58.600] the agents. [01:08:58.600 --> 01:09:02.600] That's not going to give them grounds to remove to a federal court. [01:09:02.600 --> 01:09:06.600] It might give you an opportunity to extract purged testimony from the [01:09:06.600 --> 01:09:10.600] agents and then you can ask the judge in the courtroom to arrest them. [01:09:10.600 --> 01:09:15.600] Well, I can't hear very good. [01:09:15.600 --> 01:09:19.600] I'm going to listen to this letter and see what you have to say here. [01:09:19.600 --> 01:09:22.600] But that's about all I know about it. [01:09:22.600 --> 01:09:27.600] He explained what the law said to the judge and the judge just politely [01:09:27.600 --> 01:09:30.600] told him, I know what the law says, but I'm telling you what I'm going to do [01:09:30.600 --> 01:09:33.600] if you don't do what I'm telling you to do. [01:09:33.600 --> 01:09:39.600] Did he file a judicial conduct complaint against the judge for official [01:09:39.600 --> 01:09:40.600] oppression? [01:09:40.600 --> 01:09:41.600] I suggested that. [01:09:41.600 --> 01:09:43.600] What else can he do? [01:09:43.600 --> 01:09:50.600] Then he can let the judge, then petition for an order from the judge. [01:09:50.600 --> 01:09:53.600] He can ask for a findings of fact and conclusion at law. [01:09:53.600 --> 01:09:55.600] He can't until he gets an order. [01:09:55.600 --> 01:09:57.600] He's got to get the judge to do something. [01:09:57.600 --> 01:10:00.600] Right, but once he gets the order, he can file for that. [01:10:00.600 --> 01:10:04.600] Yeah, then he can file for findings of fact and conclusions of law and [01:10:04.600 --> 01:10:05.600] appeal. [01:10:05.600 --> 01:10:11.600] Everything is about making your case in the trial court. [01:10:11.600 --> 01:10:15.600] I mean, it's about preparing for appeal and making a record in the trial [01:10:15.600 --> 01:10:16.600] court. [01:10:16.600 --> 01:10:17.600] Right. [01:10:17.600 --> 01:10:18.600] And preparing for appeal. [01:10:18.600 --> 01:10:19.600] Exactly. [01:10:19.600 --> 01:10:22.600] Well, y'all were talking a while ago about it being a case. [01:10:22.600 --> 01:10:23.600] This is actually not a case. [01:10:23.600 --> 01:10:28.600] It's just asking the judge to rule on the motion whether something is or [01:10:28.600 --> 01:10:29.600] it ain't. [01:10:29.600 --> 01:10:30.600] Wait a minute. [01:10:30.600 --> 01:10:33.600] Then that doesn't even make any sense at all. [01:10:33.600 --> 01:10:37.600] There has to be a case in order for the judge to make a ruling. [01:10:37.600 --> 01:10:40.600] There has to be a petition filed in order to invoke the jurisdiction of the [01:10:40.600 --> 01:10:41.600] court. [01:10:41.600 --> 01:10:42.600] Yeah. [01:10:42.600 --> 01:10:46.600] You can't just ask the judge to rule on something when there's no case. [01:10:46.600 --> 01:10:49.600] Well, it's a motion for it. [01:10:49.600 --> 01:10:51.600] It's actually he had to file a petition. [01:10:51.600 --> 01:10:54.600] A petition is what will initiate the action. [01:10:54.600 --> 01:10:55.600] That's what I'm saying. [01:10:55.600 --> 01:10:57.600] You file motions in a case. [01:10:57.600 --> 01:11:00.600] This is a matter of semantics here. [01:11:00.600 --> 01:11:05.600] Motion, petition, it asks the court to do something. [01:11:05.600 --> 01:11:12.600] So it creates a controversy for the judge to adjudicate. [01:11:12.600 --> 01:11:17.600] Everything I've read in this paperwork here that's online for everybody to [01:11:17.600 --> 01:11:20.600] look at, it gives the example of how you do it. [01:11:20.600 --> 01:11:26.600] And it says you motion the judge to make a decision whether what he sees that [01:11:26.600 --> 01:11:32.600] you carry to him, you carry these documents to him that a certified copy of [01:11:32.600 --> 01:11:37.600] what's in the county clerk's office and say, look at this. [01:11:37.600 --> 01:11:41.600] Does this constitute a legal lien or do it not? [01:11:41.600 --> 01:11:43.600] And that's all he's deciding on. [01:11:43.600 --> 01:11:48.600] Well, he might consider preparing a criminal charge of official oppression [01:11:48.600 --> 01:11:49.600] against the judge. [01:11:49.600 --> 01:11:53.600] Well, that sounds, to me, that sounds right. [01:11:53.600 --> 01:11:57.600] Yeah, and take it to the grand jury and make grand jury noises with it. [01:11:57.600 --> 01:12:04.600] 39.03 penal code says that if a public official acting under the color of his [01:12:04.600 --> 01:12:10.600] official office fails to perform a duty he is required to perform or exerts or [01:12:10.600 --> 01:12:15.600] purports to exert an authority he does not expressly have and in the process [01:12:15.600 --> 01:12:19.600] denies a citizen for free access to him, join with the right. [01:12:19.600 --> 01:12:21.600] That's a class A misdemeanor in Texas. [01:12:21.600 --> 01:12:24.600] Does it cost you any money to file a criminal complaint? [01:12:24.600 --> 01:12:25.600] No. [01:12:25.600 --> 01:12:28.600] Well, I told this fellow that's what he ought to do. [01:12:28.600 --> 01:12:31.600] He said, well, that probably cost $200 and I just can't afford it. [01:12:31.600 --> 01:12:35.600] No, there's a filing fee for civil cases but not criminal. [01:12:35.600 --> 01:12:37.600] All right, listen, Jerry, we need to move on. [01:12:37.600 --> 01:12:38.600] We've got a full board of callers. [01:12:38.600 --> 01:12:39.600] Thank you for calling. [01:12:39.600 --> 01:12:40.600] Okay, thank you. [01:12:40.600 --> 01:12:41.600] Okay. [01:12:41.600 --> 01:12:43.600] Just one comment to tell him about that. [01:12:43.600 --> 01:12:46.600] You know, it cost him $10, $15 to go to a good movie. [01:12:46.600 --> 01:12:51.600] Well, he may have to pay for a notary, you know, to get the criminal complaint [01:12:51.600 --> 01:12:52.600] notarized. [01:12:52.600 --> 01:12:55.600] You start filing criminal charges against the judges? [01:12:55.600 --> 01:12:58.600] That's better entertainment than a movie. [01:12:58.600 --> 01:12:59.600] Yeah, I'm sure it is. [01:12:59.600 --> 01:13:02.600] But also I do want to make a comment before we move on. [01:13:02.600 --> 01:13:06.600] I have to disagree with you on this semantics comment that you made, Randy. [01:13:06.600 --> 01:13:08.600] It's not just a matter of semantics. [01:13:08.600 --> 01:13:12.600] This is why I encourage everyone to please get to your dictionary because I [01:13:12.600 --> 01:13:16.600] see a lot of people making fatal errors in the court system, [01:13:16.600 --> 01:13:19.600] pro ses and legal activists and patriots, [01:13:19.600 --> 01:13:23.600] because they don't understand the nature of the different types of documents [01:13:23.600 --> 01:13:26.600] and the procedures, civil rules of procedures, court procedures, [01:13:26.600 --> 01:13:27.600] these types of things. [01:13:27.600 --> 01:13:32.600] There's a lot of differences between motions, pleadings, affidavits, [01:13:32.600 --> 01:13:34.600] petitions, responses. [01:13:34.600 --> 01:13:38.600] You have to understand what all these types of documents are and when they're [01:13:38.600 --> 01:13:42.600] appropriate and motions to compel, all these kinds of things. [01:13:42.600 --> 01:13:46.600] And this is what you learn in the jurisdictionary course. [01:13:46.600 --> 01:13:50.600] And one of the biggest mistakes that we see people make is they don't ask the [01:13:50.600 --> 01:13:51.600] court for anything. [01:13:51.600 --> 01:13:53.600] They don't file any motions in their case. [01:13:53.600 --> 01:13:55.600] They just file affidavits. [01:13:55.600 --> 01:13:56.600] So what? [01:13:56.600 --> 01:14:00.600] You have to, as Frederick Graves says, you have to move the court. [01:14:00.600 --> 01:14:04.600] You have to file motions in the case, but you have to file a case. [01:14:04.600 --> 01:14:07.600] And so that's what's called the original petition. [01:14:07.600 --> 01:14:12.600] And then you file motions in the case, and then there's responses and things [01:14:12.600 --> 01:14:13.600] like this. [01:14:13.600 --> 01:14:16.600] So I don't think it's a matter of semantics. [01:14:16.600 --> 01:14:24.600] In this particular case, the petition asked the judge to do a specific thing. [01:14:24.600 --> 01:14:30.600] It looks just like a motion, except it's the document that initiates the cause, [01:14:30.600 --> 01:14:32.600] so it's a petition in this case. [01:14:32.600 --> 01:14:33.600] Right. [01:14:33.600 --> 01:14:37.600] So I wasn't saying that the difference between a petition and a motion is [01:14:37.600 --> 01:14:38.600] semantics. [01:14:38.600 --> 01:14:42.600] In this particular case, whether you want to call it a motion or you want to [01:14:42.600 --> 01:14:47.600] call it a petition, it is what it is, regardless of what you call it. [01:14:47.600 --> 01:14:48.600] Right. [01:14:48.600 --> 01:14:52.600] And generally in the petition, you make your case, and then at the end, [01:14:52.600 --> 01:14:53.600] there's a prayer. [01:14:53.600 --> 01:14:57.600] And I hear a lot of legal activists say, well, I'm not praying to the court. [01:14:57.600 --> 01:14:58.600] I'm a Christian. [01:14:58.600 --> 01:14:59.600] No, no. [01:14:59.600 --> 01:15:01.600] Now, that part is just a matter of semantics. [01:15:01.600 --> 01:15:06.600] The prayer at the end of the petition is when you are asking the court for [01:15:06.600 --> 01:15:07.600] what you want. [01:15:07.600 --> 01:15:10.600] And then you also have to include an order. [01:15:10.600 --> 01:15:15.600] And generally, you're asking, you ask for what you want in your prayer, [01:15:15.600 --> 01:15:19.600] and then you list all those points again in the order at the end for the [01:15:19.600 --> 01:15:24.600] judge to sign, and you have check boxes by each point, denied or granted, [01:15:24.600 --> 01:15:29.600] so that the judge can just go down and check off each one and then sign it. [01:15:29.600 --> 01:15:32.600] But you can't expect the court to write up their own order. [01:15:32.600 --> 01:15:37.600] And you never want to ask the court to just deny or grant the whole ball of [01:15:37.600 --> 01:15:38.600] wax. [01:15:38.600 --> 01:15:39.600] You need to give them options. [01:15:39.600 --> 01:15:42.600] So all these things are discussed in the jurisdictionary course. [01:15:42.600 --> 01:15:47.600] So at any rate, okay, let's move on, unless you have any comments, Dawn. [01:15:47.600 --> 01:15:51.600] I was just going to say, it sounds very much like making sure that you offer [01:15:51.600 --> 01:15:53.600] courses of action at the bottom. [01:15:53.600 --> 01:15:56.600] When you pray for relief, what you're going to do is you're going to want to [01:15:56.600 --> 01:16:00.600] give them the course of action you want them to take. [01:16:00.600 --> 01:16:04.600] So you make sure that you have everything spelled out right there at the [01:16:04.600 --> 01:16:05.600] bottom. [01:16:05.600 --> 01:16:07.600] Exactly. [01:16:07.600 --> 01:16:08.600] Okay, let's go on. [01:16:08.600 --> 01:16:10.600] We're going to go now to Russell in Texas. [01:16:10.600 --> 01:16:12.600] Russell, thanks for calling in. [01:16:12.600 --> 01:16:14.600] What's on your mind tonight? [01:16:14.600 --> 01:16:16.600] I did the same thing in Hays County. [01:16:16.600 --> 01:16:19.600] It's been filed since June 6th. [01:16:19.600 --> 01:16:21.600] They won't touch the issue. [01:16:21.600 --> 01:16:24.600] Once you file it, whether it's a considered motion or a petition, [01:16:24.600 --> 01:16:26.600] they file a case number with it. [01:16:26.600 --> 01:16:30.600] The judge down there will not even put it on the docket. [01:16:30.600 --> 01:16:33.600] They won't look at it. [01:16:33.600 --> 01:16:39.600] Don't you, aren't we supposed to go to the clerk of the court to schedule a [01:16:39.600 --> 01:16:41.600] motion hearing? [01:16:41.600 --> 01:16:46.600] That's what Graves says to do. [01:16:46.600 --> 01:16:48.600] We'll be back on the other side. [01:16:48.600 --> 01:16:51.600] Hang on the line, Russell, but I do know that Graves teaches that also. [01:16:51.600 --> 01:16:54.600] He says just because you file motions doesn't mean the court's going to do [01:16:54.600 --> 01:16:55.600] things. [01:16:55.600 --> 01:16:56.600] You have to file for motion hearing. [01:16:56.600 --> 01:16:58.600] You have to set a date for a motion hearing. [01:16:58.600 --> 01:17:01.600] We'll be right back. [01:17:01.600 --> 01:17:05.600] Capital Coin and Bullion is your local source for rare coins, precious [01:17:05.600 --> 01:17:08.600] metals and coin supplies in the Austin metro area. [01:17:08.600 --> 01:17:10.600] We also ship worldwide. [01:17:10.600 --> 01:17:14.600] We are a family-owned and operated business that offers competitive prices [01:17:14.600 --> 01:17:16.600] on your coin and metals purchases. [01:17:16.600 --> 01:17:20.600] We buy, sell, trade, and consign rare coins, gold and silver coin [01:17:20.600 --> 01:17:23.600] collections, precious metals and scrap gold. [01:17:23.600 --> 01:17:26.600] We will purchase and sell gold and jewelry items as well. [01:17:26.600 --> 01:17:29.600] We offer daily specials on coins and bullion. [01:17:29.600 --> 01:17:34.600] We're located at 5448 Burnett Road, Suite 3, and we're open Monday through [01:17:34.600 --> 01:17:36.600] Friday, 10 a.m. to 6 p.m. [01:17:36.600 --> 01:17:39.600] Saturdays, 10 a.m. to 5 p.m. [01:17:39.600 --> 01:17:43.600] You are welcome to stop in our shop during regular business hours or call [01:17:43.600 --> 01:17:47.600] 512-646-6440 with any questions. [01:17:47.600 --> 01:17:52.600] Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM. [01:17:52.600 --> 01:17:58.600] That's Capital Coin and Bullion, 512-646-6440. 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[01:18:32.600 --> 01:18:37.600] The Michael Mears Proven Method is the solution for how to stop debt collectors. [01:18:37.600 --> 01:18:40.600] Personal consultation is available as well. [01:18:40.600 --> 01:18:43.600] For more information, please visit ruleoflawradio.com [01:18:43.600 --> 01:18:48.600] and click on the blue Michael Mears banner or email michaelmears at yahoo.com. [01:18:48.600 --> 01:18:56.600] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [01:18:56.600 --> 01:19:23.600] to learn how to stop debt collectors now. [01:19:23.600 --> 01:19:42.600] Okay, we're back, folks. [01:19:42.600 --> 01:19:47.600] We're talking with Russell right now from Texas. [01:19:47.600 --> 01:19:56.600] Okay, so Russell, have you scheduled or tried to schedule a motion hearing yet? [01:19:56.600 --> 01:20:01.600] I've tried to schedule a lot of things in H County, but, Deborah, you know how they love me. [01:20:01.600 --> 01:20:02.600] Yeah. [01:20:02.600 --> 01:20:04.600] Nothing ever gets done. [01:20:04.600 --> 01:20:05.600] They don't even return phone calls. [01:20:05.600 --> 01:20:07.600] They don't do nothing. [01:20:07.600 --> 01:20:12.600] Now, Don, you were saying that generally you file to schedule the motion hearing [01:20:12.600 --> 01:20:17.600] at the same time as you file the motion or file the petition. [01:20:17.600 --> 01:20:23.600] I've seen it where the packet is together, where you put the petition in at the same time. [01:20:23.600 --> 01:20:27.600] It's kind of the fill in the blank, and you file the motion hearing at the exact same time. [01:20:27.600 --> 01:20:33.600] You just go to the clerk, and then they can send you the court date. [01:20:33.600 --> 01:20:34.600] I'm not allowed to go to the clerk. [01:20:34.600 --> 01:20:36.600] I have to do everything by mail. [01:20:36.600 --> 01:20:40.600] That's one of my conviction restrictions. [01:20:40.600 --> 01:20:46.600] But anyway, so I make sure I do it by priority mail, and it's been filed, [01:20:46.600 --> 01:20:49.600] and then I call and try to get the thing scheduled. [01:20:49.600 --> 01:20:51.600] They've had it since the 6th of June. [01:20:51.600 --> 01:20:55.600] They won't touch it. [01:20:55.600 --> 01:21:01.600] Randy, you were saying before the break concerning scheduling the motion hearing, [01:21:01.600 --> 01:21:02.600] it's more than just a phone call. [01:21:02.600 --> 01:21:05.600] You have to file a document. [01:21:05.600 --> 01:21:07.600] No, you don't. [01:21:07.600 --> 01:21:12.600] Generally, you can do that with a phone call, but you don't do it with the clerk or the court. [01:21:12.600 --> 01:21:18.600] You do it with the judge's coordinator or secretary or clerk. [01:21:18.600 --> 01:21:22.600] Sometimes they call her a clerk, but it's not the county or district clerk. [01:21:22.600 --> 01:21:27.600] It's the judge's clerk, whoever keeps the judge's calendar. [01:21:27.600 --> 01:21:29.600] The judge's coordinator. [01:21:29.600 --> 01:21:30.600] Yes. [01:21:30.600 --> 01:21:33.600] And I spoke to them directly, and still nothing. [01:21:33.600 --> 01:21:38.600] Send them a letter requesting a court date. [01:21:38.600 --> 01:21:39.600] Okay. [01:21:39.600 --> 01:21:45.600] And certified, yeah, registered. [01:21:45.600 --> 01:21:52.600] So I mean, but it is considered a motion under the statute and the law that authorizes it, [01:21:52.600 --> 01:21:54.600] but it really is a petition. [01:21:54.600 --> 01:21:58.600] And once they receive it, they assign a court case to it. [01:21:58.600 --> 01:22:01.600] There's a court case number assigned to that motion, [01:22:01.600 --> 01:22:04.600] and then it's supposed to go before the judge. [01:22:04.600 --> 01:22:07.600] You're not even supposed to have to show up for it or do anything with it. [01:22:07.600 --> 01:22:18.600] Your pleading and your copy of what's filed in the clerk's record is all they need to make a ruling. [01:22:18.600 --> 01:22:24.600] Now, well, this is an open question to all of y'all. [01:22:24.600 --> 01:22:34.600] Is there a statute or case law precedent requiring the court to set a date [01:22:34.600 --> 01:22:37.600] once you put in a request for a motion hearing? [01:22:37.600 --> 01:22:39.600] No, but there should be. [01:22:39.600 --> 01:22:49.600] Because it doesn't make sense to me that you have to ask the judge's permission to schedule a motion hearing. [01:22:49.600 --> 01:22:55.600] I was sort of under the impression that you schedule the motion hearing with the clerk of the court, [01:22:55.600 --> 01:22:59.600] not the judge's coordinator. [01:22:59.600 --> 01:23:03.600] Well, the coordinator is the one that gets it on the docket, not the clerk. [01:23:03.600 --> 01:23:05.600] Okay. [01:23:05.600 --> 01:23:10.600] Yeah, the coordinator is the one that schedules each of the trials the judge has to hear. [01:23:10.600 --> 01:23:13.600] So you have to go through them to get it done. [01:23:13.600 --> 01:23:20.600] But what you can do is you can just tell them, I need three open dates on the judge's calendar. [01:23:20.600 --> 01:23:26.600] And when they give them to you, then say, I want that one right there. [01:23:26.600 --> 01:23:28.600] Well, what about this, folks? [01:23:28.600 --> 01:23:30.600] What about this? [01:23:30.600 --> 01:23:36.600] If the judge's, the court's coordinator, which is basically the judge's secretary, [01:23:36.600 --> 01:23:46.600] does not put you on the docket for your motion hearing, can you just go into court on the day [01:23:46.600 --> 01:23:53.600] that they're having motion hearings and just sit there and when the bailiff comes over [01:23:53.600 --> 01:24:00.600] or when the judge's coordinator comes over to ask you your business, at that point, [01:24:00.600 --> 01:24:06.600] you hand the documents to the judge's coordinator and say, yes, I'm here for a motion, [01:24:06.600 --> 01:24:08.600] for the judge to make a ruling on this motion. [01:24:08.600 --> 01:24:11.600] This is a motion hearing. [01:24:11.600 --> 01:24:13.600] I like the idea. [01:24:13.600 --> 01:24:21.600] You can bushwhack the magistrate and get him to put you in front of the judge. [01:24:21.600 --> 01:24:27.600] My standard deal is when you go up to the bar and call the magistrate over [01:24:27.600 --> 01:24:34.600] and tell him I have business with the court and it's none of yours. [01:24:34.600 --> 01:24:39.600] For those of you who aren't familiar with it, you go into court in a nice suit and tie. [01:24:39.600 --> 01:24:44.600] For Russell, that may be a problem finding one big enough. [01:24:44.600 --> 01:24:49.600] You go up to the bar, you point it to bailiff and say, you, come here. [01:24:49.600 --> 01:24:51.600] And they hate that. [01:24:51.600 --> 01:24:54.600] And when he comes over, you tell him your name and instruct the judge, [01:24:54.600 --> 01:24:57.600] I have business with the court. [01:24:57.600 --> 01:25:00.600] Bailiff will almost always say, may I tell him the nature of the business? [01:25:00.600 --> 01:25:02.600] And you tell him, no, you may not, I have business with the court [01:25:02.600 --> 01:25:03.600] and it's none of yours. [01:25:03.600 --> 01:25:04.600] You're dismissed. [01:25:04.600 --> 01:25:06.600] You go sit down. [01:25:06.600 --> 01:25:10.600] And he's going to have a little whispering session with the judge. [01:25:10.600 --> 01:25:14.600] And then the judge, you're going to be sitting out there with this red folder [01:25:14.600 --> 01:25:17.600] and the judge is going to want to know what's in it. [01:25:17.600 --> 01:25:20.600] So when he calls you up, calls your name and says, [01:25:20.600 --> 01:25:23.600] I understand you have business with the court, [01:25:23.600 --> 01:25:25.600] you hold up the folder and say, yes, Your Honor, I do. [01:25:25.600 --> 01:25:27.600] May I approach? [01:25:27.600 --> 01:25:29.600] That means he's going to give you this document. [01:25:29.600 --> 01:25:32.600] He'll generally send the bailiff over to retrieve it. [01:25:32.600 --> 01:25:35.600] And when he opens it, he's got it. [01:25:35.600 --> 01:25:39.600] He asks you to rule on the motion. [01:25:39.600 --> 01:25:47.600] I have never had one question me about not telling the bailiff what my business was. [01:25:47.600 --> 01:25:52.600] They forget about the bailiff real fast. [01:25:52.600 --> 01:25:54.600] So you can always do it that way. [01:25:54.600 --> 01:26:01.600] So this would be a similar strategy as far as getting your motion in front of the judge [01:26:01.600 --> 01:26:05.600] during a motion hearing when they're having motion hearings anyway. [01:26:05.600 --> 01:26:06.600] Exactly. [01:26:06.600 --> 01:26:10.600] Okay, so here's another question for all of y'all. [01:26:10.600 --> 01:26:21.600] If that doesn't work, like say the judge refuses to hear your motion during motion hearings, [01:26:21.600 --> 01:26:26.600] if all else fails and you've done everything possible to schedule a motion hearing, [01:26:26.600 --> 01:26:30.600] and the court, either the coordinator or the judge or both, whoever, [01:26:30.600 --> 01:26:36.600] they're just refusing to schedule a motion hearing for your petition or your motion, [01:26:36.600 --> 01:26:41.600] whichever the case may be, and apparently there's no overriding statutes [01:26:41.600 --> 01:26:46.600] or I don't know if there's any case law setting a time limit [01:26:46.600 --> 01:26:51.600] or any requirements on the judge to schedule a motion hearing, [01:26:51.600 --> 01:26:56.600] after a reasonable length of time, I mean let's say a few months maybe, [01:26:56.600 --> 01:27:03.600] would this be a situation for a petition for writ of mandamus to the higher court [01:27:03.600 --> 01:27:07.600] to order the lower court to schedule a motion hearing? [01:27:07.600 --> 01:27:12.600] Why not a criminal charge of denial of due process? [01:27:12.600 --> 01:27:18.600] Courts are not supposed to bar your access to the courts themselves without cause. [01:27:18.600 --> 01:27:23.600] I was fixing to go there with a petition for court of inquiry against the judge, [01:27:23.600 --> 01:27:27.600] motion to disqualify a petition for court of inquiry, [01:27:27.600 --> 01:27:31.600] but motion to compel to the higher court rather than a writ of mandamus. [01:27:31.600 --> 01:27:35.600] One problem with that, these damn courts will turn around, [01:27:35.600 --> 01:27:41.600] even though the thing has been filed in the 207th District Court on a certain judge's deal, [01:27:41.600 --> 01:27:47.600] they've got four other judges that will come into that same court and have hearings. [01:27:47.600 --> 01:27:52.600] You never know who the actual judge is going to be. [01:27:52.600 --> 01:27:55.600] Well if you're in the courtroom waiting on them though Russell, it won't matter. [01:27:55.600 --> 01:27:57.600] Whoever's up there qualifies. [01:27:57.600 --> 01:28:02.600] I'm sure if you call it down you could find out when motion hearings are being heard [01:28:02.600 --> 01:28:06.600] in civil term or criminal term or whatever on certain days. [01:28:06.600 --> 01:28:10.600] They're not like some of the other courts where they have motion hearings on certain days. [01:28:10.600 --> 01:28:13.600] You could bring them before the court at any time. [01:28:13.600 --> 01:28:15.600] Well that's even better. [01:28:15.600 --> 01:28:20.600] Just like some courts that only hear civil and other courts hear criminal, [01:28:20.600 --> 01:28:22.600] they hear both down there at the same time. [01:28:22.600 --> 01:28:25.600] They always push the civil stuff to the afternoon now. [01:28:25.600 --> 01:28:28.600] Well how is Russell supposed to do that when he's got an order against him, [01:28:28.600 --> 01:28:30.600] forbidding him to go to the court? [01:28:30.600 --> 01:28:33.600] I cannot go to court without 24 hours notice. [01:28:33.600 --> 01:28:34.600] Oh okay. [01:28:34.600 --> 01:28:41.600] One of my stupid restrictions is I can't even be within 1,000 yards of a public official. [01:28:41.600 --> 01:28:44.600] Now ain't that asinine? [01:28:44.600 --> 01:28:55.600] I mean where can you go anywhere and be within 1,000 yards of some kind of public official or something? [01:28:55.600 --> 01:28:57.600] Nowhere around here. [01:28:57.600 --> 01:28:59.600] He's telling you to attack you. [01:28:59.600 --> 01:29:09.600] Well go to the local jail or penitentiary where they should be but none of them ever are. [01:29:09.600 --> 01:29:14.600] I am forbidden to come to the court without prior notice [01:29:14.600 --> 01:29:22.600] and I am forbidden to contact the court in any way, shape or form but by mail. [01:29:22.600 --> 01:29:27.600] I don't know how they could do that and deny you access to the courts as a constitutionally protected right. [01:29:27.600 --> 01:29:31.600] Well I know that but just because they put it on their little piece of paper [01:29:31.600 --> 01:29:36.600] they seem to think they can enforce it. [01:29:36.600 --> 01:29:37.600] Well if you- [01:29:37.600 --> 01:29:38.600] One more thing and I'll get off- [01:29:38.600 --> 01:29:43.600] Okay yeah hang on the line Russell we're going to break. [01:29:43.600 --> 01:29:49.600] All right we'll be right back folks and yeah I think Randy what you were saying about petitioning for court of inquiry [01:29:49.600 --> 01:29:54.600] and petitioning to switch judges, that would be a remedy in equity versus a remedy in law [01:29:54.600 --> 01:29:59.600] so that should be done first before the mandamus like Carmen Taylor said. [01:29:59.600 --> 01:30:03.600] Top ten reasons to question the official story of the Oklahoma City bombing, reason number five. [01:30:03.600 --> 01:30:09.600] As witnessed by millions of viewers, the rescue efforts were interrupted several times due to the presence of other explosives. [01:30:09.600 --> 01:30:14.600] Government log entries indicate and witnesses report that after the initial devastating blast [01:30:14.600 --> 01:30:18.600] a bomb complete with timer was discovered and removed from wreckage by the bomb squad. 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[01:30:53.600 --> 01:30:59.600] So protect your rights, say no to surveillance and keep your information to yourself. [01:30:59.600 --> 01:31:01.600] Privacy, it's worth hanging on to. [01:31:01.600 --> 01:31:05.600] This public service announcement is brought to you by Startpage.com, [01:31:05.600 --> 01:31:09.600] the private search engine alternative to Google, Yahoo and Bing. [01:31:09.600 --> 01:31:12.600] Start over with Startpage. [01:31:12.600 --> 01:31:18.600] Thousands of Americans have a dangerous tracking device in their wallets called an enhanced driver's license. [01:31:18.600 --> 01:31:24.600] The cards contain RFID, radio frequency microchips that let border guards scan them from a distance [01:31:24.600 --> 01:31:26.600] as you cross into Canada or Mexico. [01:31:26.600 --> 01:31:31.600] Trouble is big brother government, marketers and stalkers can scan the unique ID numbers too, [01:31:31.600 --> 01:31:33.600] right through your pocket or purse. [01:31:33.600 --> 01:31:37.600] IBM wants person tracking units to watch you everywhere you go. [01:31:37.600 --> 01:31:39.600] Even Walmart shelves can read them. [01:31:39.600 --> 01:31:43.600] Fortunately only border states issue enhanced driver's licenses for now [01:31:43.600 --> 01:31:45.600] and you have to apply and pay a fee to get one. [01:31:45.600 --> 01:31:47.600] I strongly suggest you don't. [01:31:47.600 --> 01:31:52.600] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com. [01:32:18.600 --> 01:32:20.600] To the mass of capability. [01:32:20.600 --> 01:32:23.600] Fail of all world eternity. [01:32:23.600 --> 01:32:26.600] They come from natural divinity. [01:32:26.600 --> 01:32:30.600] With steadfast roots in authenticity. [01:32:30.600 --> 01:32:32.600] Tools to regain dignity. [01:32:32.600 --> 01:32:36.600] Rebuild the credibility. [01:32:36.600 --> 01:32:43.600] And I say truth in nature must be justice I believe. [01:32:43.600 --> 01:32:48.600] Truth in nature must be justice. [01:32:48.600 --> 01:32:51.600] And though it's a daunting task. [01:32:51.600 --> 01:32:58.600] At least I got the decency to ask them all to just take off the silly minds. [01:32:58.600 --> 01:33:01.600] In the light of day we all will pass. [01:33:01.600 --> 01:33:03.600] Tools of ingenuity. [01:33:03.600 --> 01:33:07.600] Tools against the workers of iniquity. [01:33:07.600 --> 01:33:09.600] Tools of ingenuity. [01:33:09.600 --> 01:33:31.600] Tools against the workers of iniquity. [01:33:31.600 --> 01:33:33.600] Okay folks, we're back. [01:33:33.600 --> 01:33:35.600] We're talking with Russell in Texas. [01:33:35.600 --> 01:33:40.600] Okay, Russell, you did have a judge assigned to the case by the clerk of the court. [01:33:40.600 --> 01:33:41.600] Correct? [01:33:41.600 --> 01:33:42.600] Right. [01:33:42.600 --> 01:33:43.600] Okay. [01:33:43.600 --> 01:33:44.600] Okay. [01:33:44.600 --> 01:33:46.600] So you wanted to, and they're just... [01:33:46.600 --> 01:33:47.600] I think I wanted to tell, [01:33:47.600 --> 01:33:52.600] Randy mentioned earlier about him taking the highest court before the grand jury. [01:33:52.600 --> 01:33:56.600] Now when we filed habeas corpus in that court before, [01:33:56.600 --> 01:33:58.600] you always had to file a motion to file, [01:33:58.600 --> 01:34:02.600] then they would turn around and turn down the motion to file, [01:34:02.600 --> 01:34:04.600] and that way they ignore your habeas corpus. [01:34:04.600 --> 01:34:06.600] That's not happening now. [01:34:06.600 --> 01:34:09.600] I filed habeas corpus for me and my wife on the 9th of September, [01:34:09.600 --> 01:34:14.600] and it's been submitted to the court on the 17th. [01:34:14.600 --> 01:34:16.600] That's because they got their butts kicked. [01:34:16.600 --> 01:34:20.600] I automatically assumed that I was going to get a denial notice in the mail, [01:34:20.600 --> 01:34:24.600] you know, saying that your motion to file is denied. [01:34:24.600 --> 01:34:26.600] That way they don't have to hear the habeas. [01:34:26.600 --> 01:34:29.600] They're not doing that now. [01:34:29.600 --> 01:34:32.600] Going to the grand jury works. [01:34:32.600 --> 01:34:37.600] So Randy ruffled some feathers somewhere to where they finally are going to, [01:34:37.600 --> 01:34:40.600] at least attempt to look at these things, [01:34:40.600 --> 01:34:46.600] and I have to commend Randy for doing that, and that's all I have. [01:34:46.600 --> 01:34:50.600] I would try to get Russell to pat me on the back, [01:34:50.600 --> 01:34:55.600] but he might remember me telling Chris that he looked like Chris's bulldog [01:34:55.600 --> 01:34:58.600] and he might pat me too hard. [01:34:58.600 --> 01:34:59.600] I quit talking about it. [01:34:59.600 --> 01:35:01.600] I mean, I have lost 50 pounds, but come on now. [01:35:01.600 --> 01:35:04.600] Leave Russell alone. [01:35:04.600 --> 01:35:06.600] He's getting so skinny he's about to blow away. [01:35:06.600 --> 01:35:08.600] What are you, down to 300 pounds? [01:35:08.600 --> 01:35:14.600] Oh, no, 348, 398. [01:35:14.600 --> 01:35:19.600] Russell is a big boy. [01:35:19.600 --> 01:35:24.600] I think that's why Hays Kennedy don't like me so little. [01:35:24.600 --> 01:35:26.600] But anyway, thanks, guys. [01:35:26.600 --> 01:35:27.600] All right, thanks, Russell. [01:35:27.600 --> 01:35:28.600] Bye. [01:35:28.600 --> 01:35:31.600] Okay, before we go to the next call, I have another question. [01:35:31.600 --> 01:35:35.600] There's more than one way to skin a cat, so to speak. [01:35:35.600 --> 01:35:39.600] If the issue is that you've got a judge [01:35:39.600 --> 01:35:46.600] and or the coordinator that's refusing to schedule a motion hearing, [01:35:46.600 --> 01:35:48.600] what about this? [01:35:48.600 --> 01:35:51.600] What about going to the clerk of the court and schmoozing up to the clerk [01:35:51.600 --> 01:35:58.600] and saying, you know, I just can't get a motion hearing scheduled. [01:35:58.600 --> 01:36:02.600] Can you just assign me another judge? [01:36:02.600 --> 01:36:04.600] Can the clerk do that? [01:36:04.600 --> 01:36:05.600] No, she cannot. [01:36:05.600 --> 01:36:07.600] That's judge shopping. [01:36:07.600 --> 01:36:10.600] Once the clerk assigns a judge, then it's over. [01:36:10.600 --> 01:36:11.600] Right. [01:36:11.600 --> 01:36:15.600] I suggest just criminal charges against the judge. [01:36:15.600 --> 01:36:19.600] Yeah, but that is not going to get... [01:36:19.600 --> 01:36:21.600] And what is the goal? [01:36:21.600 --> 01:36:26.600] The intended goal here is to have a motion hearing on the motion. [01:36:26.600 --> 01:36:32.600] That'll get you a hearing on the motion to keep you from trying to get him indicted with a grand jury. [01:36:32.600 --> 01:36:33.600] Well, wait a minute. [01:36:33.600 --> 01:36:36.600] If you file criminal charges against the judge, [01:36:36.600 --> 01:36:39.600] then he's disqualified or she's disqualified at that point, right? [01:36:39.600 --> 01:36:42.600] Yeah, that gets you another one. [01:36:42.600 --> 01:36:44.600] And this is going to screw around with you [01:36:44.600 --> 01:36:47.600] because he's not going to want you to take him to the grand jury. [01:36:47.600 --> 01:36:51.600] What about filing a petition for recusal [01:36:51.600 --> 01:36:55.600] or filing a petition to the higher court for disqualification [01:36:55.600 --> 01:36:58.600] because they won't schedule a motion hearing? [01:36:58.600 --> 01:37:00.600] That's not grounds for disqualification. [01:37:00.600 --> 01:37:02.600] Okay. [01:37:02.600 --> 01:37:07.600] Grounds for disqualifications are very specifically stipulated. [01:37:07.600 --> 01:37:12.600] But you can recuse him once you file criminal charges against him. [01:37:12.600 --> 01:37:14.600] And I wouldn't even worry about recusing him. [01:37:14.600 --> 01:37:17.600] Just go after him criminally. [01:37:17.600 --> 01:37:19.600] That'll make him nuts. [01:37:19.600 --> 01:37:23.600] But eventually you want to get the goal accomplished of getting the motion hearing. [01:37:23.600 --> 01:37:24.600] Exactly. [01:37:24.600 --> 01:37:28.600] Yeah, what he's most likely to do when you start going after him personally [01:37:28.600 --> 01:37:32.600] is recuse himself and get another judge to hear your motion. [01:37:32.600 --> 01:37:33.600] Okay. [01:37:33.600 --> 01:37:35.600] And, of course, I'll turn it down, [01:37:35.600 --> 01:37:38.600] but then you get to walk through the appeal process then. [01:37:38.600 --> 01:37:40.600] Right. [01:37:40.600 --> 01:37:42.600] Yeah, you want to get to the point where you have [01:37:42.600 --> 01:37:48.600] you can look at these judges and say, oh, yeah, say my name for a whole nother reason. [01:37:48.600 --> 01:37:49.600] Okay. [01:37:49.600 --> 01:37:50.600] All right. [01:37:50.600 --> 01:37:51.600] Let's continue to the calls. [01:37:51.600 --> 01:37:52.600] We have Carlos in California. [01:37:52.600 --> 01:37:53.600] Carlos, thanks for calling in. [01:37:53.600 --> 01:37:55.600] What's on your mind tonight? [01:37:55.600 --> 01:37:56.600] All right. [01:37:56.600 --> 01:37:57.600] Good evening, everybody. [01:37:57.600 --> 01:37:58.600] Good. [01:37:58.600 --> 01:37:59.600] Okay. [01:37:59.600 --> 01:38:05.600] I have a question for Ms. Don and our Mr. my good old friend, Calvin, Mr. Calvin. [01:38:05.600 --> 01:38:07.600] How can we fight? [01:38:07.600 --> 01:38:09.600] We see this all the time in California. [01:38:09.600 --> 01:38:14.600] Every time we do something, they come back with failure to state a claim [01:38:14.600 --> 01:38:17.600] upon which relief could be granted. [01:38:17.600 --> 01:38:19.600] They always come back with that. [01:38:19.600 --> 01:38:23.600] How can we make sure they don't come back with that before we even submit anything? [01:38:23.600 --> 01:38:24.600] You can't. [01:38:24.600 --> 01:38:25.600] You can't. [01:38:25.600 --> 01:38:29.600] Since the Ashcroft and Tumley decisions, [01:38:29.600 --> 01:38:37.600] it is knee-jerk on the part of counsel in a pro se issue to file a Rule 12. [01:38:37.600 --> 01:38:43.600] The way I suggest you handle that is treat it as a frivolous motion. [01:38:43.600 --> 01:38:45.600] Move for sanctions against counsel, [01:38:45.600 --> 01:38:50.600] treat the Rule 12 as a request for a more definite statement. [01:38:50.600 --> 01:38:55.600] You get a free amended pleading. [01:38:55.600 --> 01:38:57.600] Update your pleading a little bit, [01:38:57.600 --> 01:39:10.600] refile it and name the attorney as a litigant for forcing you to have to write this amended pleading. [01:39:10.600 --> 01:39:15.600] Actually, when we file, we want them to file the Rule 12. [01:39:15.600 --> 01:39:19.600] That way you get to go after them. [01:39:19.600 --> 01:39:25.600] And also the obligatory bar grievance just for yucks. [01:39:25.600 --> 01:39:26.600] Okay. [01:39:26.600 --> 01:39:30.600] They're publishing them in the paper and on the Internet in California. [01:39:30.600 --> 01:39:31.600] Yeah, they do. [01:39:31.600 --> 01:39:34.600] They publish them at CalBAR.org. [01:39:34.600 --> 01:39:41.600] I pulled it up in the airport and I showed Randy all the disciplinary stuff that was going on this month. [01:39:41.600 --> 01:39:44.600] Yeah, that was wonderful. [01:39:44.600 --> 01:39:53.600] Ms. Don mentioned also the books she was talking about and also these other guys that do equity law, [01:39:53.600 --> 01:39:58.600] because I do like to follow equity because we know there's no remedy at law, [01:39:58.600 --> 01:40:02.600] so we have to find our remedy in equity. [01:40:02.600 --> 01:40:09.600] Could you mention some of your authors on the books or someone that I can keep on following and learn more about it? [01:40:09.600 --> 01:40:10.600] Sure. [01:40:10.600 --> 01:40:11.600] You're creating in and out. [01:40:11.600 --> 01:40:13.600] I'm having trouble hearing you. [01:40:13.600 --> 01:40:14.600] Okay. [01:40:14.600 --> 01:40:16.600] With the two books that I'm talking about the most, [01:40:16.600 --> 01:40:24.600] I actually just got right off of one of the maps of Amazon.com and the other one off of Barnes & School. [01:40:24.600 --> 01:40:28.600] Each of these books I got before I ever even started law school. [01:40:28.600 --> 01:40:33.600] They were roughly $30 a piece and they've been worth every penny. [01:40:33.600 --> 01:40:35.600] The first one I've talked about a few times, [01:40:35.600 --> 01:40:44.600] it's written by Justice Scalia and Byron Garner who edits Black Flaw Dictionary. [01:40:44.600 --> 01:40:49.600] And this book is Making Your Case, The Art of Persuading Judges. [01:40:49.600 --> 01:40:51.600] There's a little bit of legal reason here, [01:40:51.600 --> 01:41:00.600] but they've got some really fantastic advice just from the very basics of knowing your audience. [01:41:00.600 --> 01:41:02.600] Be accurate. [01:41:02.600 --> 01:41:05.600] Never overstate your case. [01:41:05.600 --> 01:41:07.600] Take the high ground. [01:41:07.600 --> 01:41:14.600] Know your adversary's case that you bring before the judge. [01:41:14.600 --> 01:41:21.600] And just some great tips on how to organize, how to write concisely. [01:41:21.600 --> 01:41:23.600] And again, just the basics. [01:41:23.600 --> 01:41:28.600] Don't make them read a ton of things before you can find the issue. [01:41:28.600 --> 01:41:31.600] You want to bring it up front. [01:41:31.600 --> 01:41:35.600] If it's the better presentation, you're going to get on the judge's good side early. [01:41:35.600 --> 01:41:37.600] And that's all inside the book. [01:41:37.600 --> 01:41:38.600] Okay. [01:41:38.600 --> 01:41:43.600] What I'd like to do, I'd like to bring in the important stuff in the first or second page, [01:41:43.600 --> 01:41:48.600] and then I load it up with whatever I want to have on record. [01:41:48.600 --> 01:41:55.600] Because if I ever end up on a pill, they won't let me bring it in, right? [01:41:55.600 --> 01:42:00.600] I'm actually not sure in California if there's any restrictions or limitations. [01:42:00.600 --> 01:42:08.600] But what I've been talking about more rather than content is the organization of what you're putting out there. [01:42:08.600 --> 01:42:21.600] It's so important to communicate in such a way that you're guiding the judge logically as to why you should win the case. [01:42:21.600 --> 01:42:22.600] Okay. [01:42:22.600 --> 01:42:23.600] Okay. [01:42:23.600 --> 01:42:24.600] Very good. [01:42:24.600 --> 01:42:33.600] Randy, real quick, because I know we have a lot of colors, what can we do about our due process, [01:42:33.600 --> 01:42:39.600] to have and respect our due process or to make sure we get our due process? [01:42:39.600 --> 01:42:43.600] That's where we're having problems in California because everybody's getting steamrolled. [01:42:43.600 --> 01:42:46.600] Give us an idea, Randy. [01:42:46.600 --> 01:42:48.600] Grand jury. [01:42:48.600 --> 01:42:54.600] You have a good grand jury system in California. [01:42:54.600 --> 01:43:01.600] The object is not necessarily to get before a grand jury, but make grand jury noises. [01:43:01.600 --> 01:43:10.600] You start filing criminal charges against the lender for fraud, conspiracy to commit. [01:43:10.600 --> 01:43:16.600] You file trafficking in illegal securities with the Securities Exchange Commission. [01:43:16.600 --> 01:43:20.600] You file usury with the Justice Department. [01:43:20.600 --> 01:43:23.600] But the main one is California law. [01:43:23.600 --> 01:43:29.600] You file against the lender with the district attorney, and he's going to refuse to accept it. [01:43:29.600 --> 01:43:35.600] You file against the district attorney with the district judge, and he's going to refuse to accept it. [01:43:35.600 --> 01:43:42.600] You come back to the grand jury with charges against the district judge, and the district judge is going to have an apoplexy. [01:43:42.600 --> 01:43:46.600] Grab the district attorney by the throat and tell him, do something, [01:43:46.600 --> 01:43:49.600] and what do you think the district attorney is going to tell the lender? [01:43:49.600 --> 01:43:53.600] Okay. All right. I'll be back. Thank you. [01:43:53.600 --> 01:44:00.600] Okay. We'll be right back. [01:44:00.600 --> 01:44:07.600] More energy, stronger immune power, improved sense of well-being. [01:44:07.600 --> 01:44:11.600] How many supplements have you heard boast of these benefits? [01:44:11.600 --> 01:44:20.600] The team behind Shentrician believes that supplements should over-deliver on their promises, and Shentrician does just that. [01:44:20.600 --> 01:44:24.600] Shentrician utilizes the ancient healing wisdom of Chinese medicine. 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[01:45:14.600 --> 01:45:18.600] If you have a lawyer, know what your lawyer should be doing. [01:45:18.600 --> 01:45:22.600] If you don't have a lawyer, know what you should do for yourself. [01:45:22.600 --> 01:45:27.600] Thousands have won with our step-by-step course, and now you can too. [01:45:27.600 --> 01:45:33.600] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:33.600 --> 01:45:38.600] Even if you're not in a lawsuit, you can learn what everyone should understand [01:45:38.600 --> 01:45:42.600] about the principles and practices that control our American courts. [01:45:42.600 --> 01:45:48.600] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:48.600 --> 01:45:59.600] pro se tactics, and much more. Please visit WTPRN.com and click on the banner or call toll-free 866-LAW-EZ. [01:46:18.600 --> 01:46:37.600] Okay, folks, we're back. We're taking your calls. [01:46:37.600 --> 01:46:39.600] Final segment, going into the homestretch here. [01:46:39.600 --> 01:46:42.600] Dawn, you wanted to make a comment before we go to the next caller? [01:46:42.600 --> 01:46:52.600] I did, and I have to admit that I have seen so much responsibility on the air tonight that I am so impressed. [01:46:52.600 --> 01:47:00.600] There are just so many victim stories out there where people just won't take responsibility for their lives [01:47:00.600 --> 01:47:09.600] and for maybe some of their own, I don't know, hands in the mess that maybe they have caused. [01:47:09.600 --> 01:47:13.600] But here, I mean, people are taking responsibility, they're taking it back, [01:47:13.600 --> 01:47:17.600] and I've seen more personal responsibility on this show in four hours [01:47:17.600 --> 01:47:23.600] than I've seen around here in probably about six months, and it's been great. [01:47:23.600 --> 01:47:30.600] Thank you, Dawn. It's all because of the listeners. [01:47:30.600 --> 01:47:34.600] Your check will be in the mail for that plug. [01:47:34.600 --> 01:47:36.600] It's all because of the listeners, really. [01:47:36.600 --> 01:47:41.600] We're doing this for the listeners, and, Dawn, I have to say also, [01:47:41.600 --> 01:47:47.600] we've been doing this radio show for about three and a half years now, almost four years, [01:47:47.600 --> 01:47:58.600] and to see the repeat callers over the months, over the years, and how they progress, it's such a joy, and that's why we do this. [01:47:58.600 --> 01:48:01.600] Yeah, we've created some real monsters out there. [01:48:01.600 --> 01:48:07.600] Yes, we have. We had a guest on who had, his name was Rick Schramm. [01:48:07.600 --> 01:48:14.600] He had his own show for 20 years or so, and we had him on for one time, [01:48:14.600 --> 01:48:21.600] and when we were done, he said, where did you get those listeners? [01:48:21.600 --> 01:48:28.600] They ask such good questions. I took that as high praise indeed. [01:48:28.600 --> 01:48:29.600] Indeed. [01:48:29.600 --> 01:48:36.600] And I do due process, and one day I wanted to do a due process archive, [01:48:36.600 --> 01:48:43.600] so I spent four hours walking through due process, walking back and forth up and down the code. [01:48:43.600 --> 01:48:46.600] I wasn't worried about if I lost anybody. [01:48:46.600 --> 01:48:52.600] I just went right down through the code and what they did wrong and which statute they violated, [01:48:52.600 --> 01:48:56.600] because I wanted something people could listen to over and over. [01:48:56.600 --> 01:49:01.600] But after that show, frankly, I was embarrassed. [01:49:01.600 --> 01:49:04.600] I got so much comment about that. [01:49:04.600 --> 01:49:09.600] One guy in particular said, I had known him before I did a show. [01:49:09.600 --> 01:49:12.600] He said, I've been talking to you about this for years. [01:49:12.600 --> 01:49:16.600] That was the first time I got it, [01:49:16.600 --> 01:49:22.600] and I thought I should be ashamed of myself for underestimating my listeners, [01:49:22.600 --> 01:49:25.600] and I've tried not to do that since then. [01:49:25.600 --> 01:49:27.600] Amen. We can't underestimate our listeners. [01:49:27.600 --> 01:49:32.600] We have fantastic listeners, and we keep raising the bar, [01:49:32.600 --> 01:49:36.600] and they keep raising the bar on us, that's for sure. [01:49:36.600 --> 01:49:40.600] And they're educated, and that's so important. [01:49:40.600 --> 01:49:41.600] Absolutely. [01:49:41.600 --> 01:49:50.600] Except for one certain caller from Texas that always asks me questions I can't answer. [01:49:50.600 --> 01:49:52.600] You know who you are. [01:49:52.600 --> 01:49:55.600] Okay, well, listen, we're running out of time here. [01:49:55.600 --> 01:49:57.600] Let's try to take as many calls as we can. [01:49:57.600 --> 01:49:59.600] Nolan in North Carolina. [01:49:59.600 --> 01:50:01.600] Nolan, thanks for calling in with your question. [01:50:01.600 --> 01:50:04.600] Hey, this is Randy. [01:50:04.600 --> 01:50:11.600] I'm still trying to get the Remedies in Real Estate website [01:50:11.600 --> 01:50:15.600] or get somebody to contact me to get my information in. [01:50:15.600 --> 01:50:17.600] Any progress being made on that? [01:50:17.600 --> 01:50:19.600] Give me a call tomorrow. [01:50:19.600 --> 01:50:24.600] I happen to be in North Carolina, and I'm going to do a presentation tomorrow. [01:50:24.600 --> 01:50:28.600] Give me a call early in the morning, and I'll get you in a draft. [01:50:28.600 --> 01:50:30.600] Where are you in North Carolina? [01:50:30.600 --> 01:50:32.600] Greensboro. [01:50:32.600 --> 01:50:35.600] Greensboro, how far from Asheville? [01:50:35.600 --> 01:50:38.600] Asheville, that's, man, that's like four hours. [01:50:38.600 --> 01:50:43.600] Okay, okay, just call me in the morning, and I'll get you Dixie's number, [01:50:43.600 --> 01:50:45.600] and she'll talk to you. [01:50:45.600 --> 01:50:47.600] How can I get your number? [01:50:47.600 --> 01:50:49.600] Nothing on the line, Nolan. [01:50:49.600 --> 01:50:51.600] We'll talk to you off the air. [01:50:51.600 --> 01:50:57.600] Just send me an email to randyatremediesinrealestate.com. [01:50:57.600 --> 01:50:59.600] Okay. [01:50:59.600 --> 01:51:01.600] Then we'll get in contact with you. [01:51:01.600 --> 01:51:04.600] How long are you going to be in North Carolina, Randy? [01:51:04.600 --> 01:51:05.600] Monday. [01:51:05.600 --> 01:51:07.600] No, how long are you going to be there? [01:51:07.600 --> 01:51:10.600] I'm going to be here until Monday, four days. [01:51:10.600 --> 01:51:13.600] Okay, all right. [01:51:13.600 --> 01:51:15.600] Okay, Nolan. [01:51:15.600 --> 01:51:16.600] Okay, thanks. [01:51:16.600 --> 01:51:19.600] I would say if there's any way that you can make it to Randy's seminar, [01:51:19.600 --> 01:51:20.600] it's worth going. [01:51:20.600 --> 01:51:22.600] Yeah. [01:51:22.600 --> 01:51:29.600] And then after Monday, I have to suffer through a week in Vegas. [01:51:29.600 --> 01:51:30.600] Poor, poor dude. [01:51:30.600 --> 01:51:34.600] I know, but I'll suffer through. [01:51:34.600 --> 01:51:36.600] I'll take one for the Gipper. [01:51:36.600 --> 01:51:37.600] You'll take one for the team. [01:51:37.600 --> 01:51:39.600] Thanks, Randy. [01:51:39.600 --> 01:51:41.600] Hey, it's got a guy out. [01:51:41.600 --> 01:51:43.600] Okay, Nolan. [01:51:43.600 --> 01:51:44.600] All right, thanks a lot. [01:51:44.600 --> 01:51:45.600] Okay. [01:51:45.600 --> 01:51:48.600] All right, we're going now to Doug in Wisconsin. [01:51:48.600 --> 01:51:49.600] Doug, thanks for calling in. [01:51:49.600 --> 01:51:51.600] What is your question or comment? [01:51:51.600 --> 01:51:56.600] I wonder if somebody could help me with the life insurance question with [01:51:56.600 --> 01:52:02.600] regard to a divorce settlement. [01:52:02.600 --> 01:52:09.600] What happened was I got divorced in June, and the stipulation was that I have [01:52:09.600 --> 01:52:15.600] two life insurance policies that needed to be kept in full force. [01:52:15.600 --> 01:52:25.600] And about a month later, I got a letter saying that one of the insurance [01:52:25.600 --> 01:52:27.600] policies had lapsed. [01:52:27.600 --> 01:52:30.600] Actually, it lapsed before I was divorced. [01:52:30.600 --> 01:52:37.600] I don't know if I should maybe read this to you real quick, but in the [01:52:37.600 --> 01:52:45.600] paperwork I signed the day I got divorced said that we had to keep our [01:52:45.600 --> 01:52:51.600] policies in full force in effect, and that was item A. [01:52:51.600 --> 01:52:55.600] Item B says in the event the foregoing insurance policies are canceled or [01:52:55.600 --> 01:53:03.600] reduced, each party shall maintain a certain minimum and then must notify [01:53:03.600 --> 01:53:09.600] the other parent within three days that the policy is going to be canceled [01:53:09.600 --> 01:53:14.600] or reduced, and the parent shall, and then they have to furnish the new [01:53:14.600 --> 01:53:16.600] name and address and telephone number. [01:53:16.600 --> 01:53:22.600] So I got this letter recently now that the original, one of the policies [01:53:22.600 --> 01:53:28.600] lapsed, but from what I read here, I'm still in compliance. [01:53:28.600 --> 01:53:32.600] I'm keeping my minimum even though one of them lapsed, one of the policies [01:53:32.600 --> 01:53:39.600] lapsed before I was divorced. [01:53:39.600 --> 01:53:43.600] Read the language of that order again. [01:53:43.600 --> 01:53:46.600] Well, the paperwork I signed the day I was divorced says both parties shall [01:53:46.600 --> 01:53:50.600] maintain in full force and pay the premium of the following life insurance [01:53:50.600 --> 01:53:56.600] policies with face values as follows, and it lists two for me. [01:53:56.600 --> 01:53:59.600] And the one that lapsed is one of these two? [01:53:59.600 --> 01:54:00.600] Right. [01:54:00.600 --> 01:54:05.600] Okay, the order directs that you're to keep both policies in effect. [01:54:05.600 --> 01:54:12.600] It specifically stipulated the following policies, not a minimum coverage of, [01:54:12.600 --> 01:54:15.600] but the following policies. [01:54:15.600 --> 01:54:17.600] Okay, that's item A. [01:54:17.600 --> 01:54:21.600] Item B says in the event the foregoing insurance policies are canceled or [01:54:21.600 --> 01:54:29.600] reduced, each party shall maintain a minimum of $100,000 for protection of the [01:54:29.600 --> 01:54:33.600] minor child, and that the parents shall notice by the other parent within three [01:54:33.600 --> 01:54:37.600] days that one was canceled or reduced. [01:54:37.600 --> 01:54:41.600] So according to what I read there, I'm in compliance. [01:54:41.600 --> 01:54:44.600] Okay, do you still have $100,000 worth of life insurance? [01:54:44.600 --> 01:54:49.600] I've got a policy at work that's, I think it's $200,000. [01:54:49.600 --> 01:54:50.600] Okay, so... [01:54:50.600 --> 01:54:53.600] Well, wait a minute, wait a minute, is that life insurance policy at work, a [01:54:53.600 --> 01:54:58.600] life insurance policy on you or on your children? [01:54:58.600 --> 01:55:08.600] This is for me and my wife, but with the child or the other parent being the [01:55:08.600 --> 01:55:12.600] beneficiary if I were to die. [01:55:12.600 --> 01:55:16.600] So I believe my insurance policies do work. [01:55:16.600 --> 01:55:20.600] Wait a minute, wait a minute, are you saying you're worth $200,000 to your [01:55:20.600 --> 01:55:23.600] wife dead? [01:55:23.600 --> 01:55:26.600] Ex-wife now, that could make it even worse. [01:55:26.600 --> 01:55:29.600] But what is your question? [01:55:29.600 --> 01:55:34.600] Well, my question is that according to the paperwork I signed the day I was [01:55:34.600 --> 01:55:40.600] divorced, I'm within compliance because even though one of my policies had [01:55:40.600 --> 01:55:46.600] lapsed about a month before I got divorced, I still have the minimum with [01:55:46.600 --> 01:55:49.600] my policies to work. [01:55:49.600 --> 01:55:51.600] Now, I got a letter... [01:55:51.600 --> 01:55:58.600] Wait a minute, wait a minute, you hadn't got to a question. [01:55:58.600 --> 01:56:02.600] You're telling us the story, what's the question? [01:56:02.600 --> 01:56:08.600] The question is I got a letter about a month after I was divorced where they [01:56:08.600 --> 01:56:14.600] took and cut and paste item A from my divorce paperwork and said I'm not in [01:56:14.600 --> 01:56:22.600] compliance because the insurance company, you lapsed your insurance payment, [01:56:22.600 --> 01:56:27.600] but they didn't give me, they just took and cut and paste item A from my [01:56:27.600 --> 01:56:29.600] divorce paperwork. [01:56:29.600 --> 01:56:32.600] Okay, file a motion for sanctions against counsel for failure to be [01:56:32.600 --> 01:56:37.600] candid to the court and filing a frivolous plea. [01:56:37.600 --> 01:56:41.600] And also I think this goes to a question of what it means to maintain a [01:56:41.600 --> 01:56:44.600] minimum of $100,000. [01:56:44.600 --> 01:56:49.600] They're saying in the event, the order said in the event of a cancellation [01:56:49.600 --> 01:56:52.600] that you must maintain $100,000. [01:56:52.600 --> 01:56:53.600] Well, what does that mean? [01:56:53.600 --> 01:56:56.600] Does that mean you have to maintain $100,000 cash in your bank account or [01:56:56.600 --> 01:57:01.600] does that mean that if you have a life insurance policy on yourself for at [01:57:01.600 --> 01:57:09.600] least $100,000, then that fits the requirements of maintaining $100,000? [01:57:09.600 --> 01:57:11.600] You see, what exactly does that mean? [01:57:11.600 --> 01:57:14.600] I mean... [01:57:14.600 --> 01:57:17.600] And would I need to use my necessarily the lawyer that I used when I got [01:57:17.600 --> 01:57:23.600] divorced who I talked to yesterday and said, well, I'll call your ex-wife's [01:57:23.600 --> 01:57:30.600] lawyer and today I get a letter threatening to proceed with the contempt charges. [01:57:30.600 --> 01:57:35.600] File a motion for sanctions against counsel for filing a frivolous plea. [01:57:35.600 --> 01:57:39.600] I mean, who is the beneficiary of this life insurance policy on you concerning [01:57:39.600 --> 01:57:41.600] your job? [01:57:41.600 --> 01:57:46.600] Well, I agree with one of our listeners that based upon the second part of [01:57:46.600 --> 01:57:49.600] that, he still apparently is in compliance. [01:57:49.600 --> 01:57:53.600] If he's maintaining the amount of money that it requires, even though because [01:57:53.600 --> 01:57:58.600] it does address whether the policy cancels or lapses. [01:57:58.600 --> 01:58:00.600] I mean, can I let them... [01:58:00.600 --> 01:58:04.600] Can I go to Steve to talk to the judge if it comes down to it? [01:58:04.600 --> 01:58:08.600] You need to do what Randy said, file against opposing counsel because they're [01:58:08.600 --> 01:58:12.600] perpetrating fraud upon the court. [01:58:12.600 --> 01:58:18.600] And file an answer asking them to dismiss the petition and ask for sanctions [01:58:18.600 --> 01:58:21.600] against counsel and file a bar of agreements against them. [01:58:21.600 --> 01:58:27.600] Is it possible to run this by one of you over there, just like three or four [01:58:27.600 --> 01:58:28.600] cases? [01:58:28.600 --> 01:58:31.600] No, I have someone that does family law, but we don't. [01:58:31.600 --> 01:58:35.600] You might send us an email to randytruleoflawradio.com. [01:58:35.600 --> 01:58:38.600] Is there any risk if I do some of these things with... [01:58:38.600 --> 01:58:39.600] Wait, wait, wait. [01:58:39.600 --> 01:58:40.600] We're running out of time. [01:58:40.600 --> 01:58:41.600] Yeah, we're out of time. [01:58:41.600 --> 01:58:42.600] You need to call back on Monday, Doug. [01:58:42.600 --> 01:58:43.600] Okay. [01:58:43.600 --> 01:58:44.600] Okay. [01:58:44.600 --> 01:58:45.600] I appreciate it. [01:58:45.600 --> 01:58:46.600] All right. [01:58:46.600 --> 01:58:47.600] Thanks. [01:58:47.600 --> 01:58:48.600] And thank you, Diane. [01:58:48.600 --> 01:58:49.600] Any closing comments? [01:58:49.600 --> 01:58:50.600] No, this was great. [01:58:50.600 --> 01:58:51.600] Thank you so much for having me. [01:58:51.600 --> 01:58:52.600] I appreciate it. [01:58:52.600 --> 01:58:53.600] All right. [01:58:53.600 --> 01:58:54.600] We'll be back on Monday, folks. [01:58:54.600 --> 01:58:57.600] This is The Rule of Law, Randy Kelton, Eddie Craig, Deborah Stevens, and Diane [01:58:57.600 --> 01:59:02.600] Kennedy. [01:59:27.600 --> 01:59:52.600] Thank you so much for having me. [01:59:52.600 --> 01:59:58.600] Thank you.