[00:00.000 --> 00:04.240] This news brief brought to you by the International News Net. [00:04.240 --> 00:10.320] Israel's parliament is seeking to pass a bill allowing communities to reject Arabs applying to buy houses, [00:10.320 --> 00:14.160] despite a recent court ruling that ethnic bands are illegal. [00:14.160 --> 00:19.400] Israel's parliament has moved to enshrine into law the right of cooperative associations, [00:19.400 --> 00:24.560] which comprise nearly 70% of all communities in Israel, to accept only Jews. [00:24.560 --> 00:29.560] The measure is expected to pass its final reading in the coming weeks. [00:29.560 --> 00:34.880] A recent memo sent by the U.S. government to the 1,500 Americans living in Antarctica [00:34.880 --> 00:40.360] has ordered them not to read the formerly secret diplomatic cables disclosed by WikiLeaks. [00:40.360 --> 00:44.520] The memo reminded U.S. employees working for the U.S. Antarctic program [00:44.520 --> 00:48.360] the documents were still technically classified. [00:48.360 --> 00:54.320] In a blowout to the U.S. rendition program, an Italian appeals court has increased the prison terms [00:54.320 --> 01:00.280] of 23 CIA agents convicted in absentia of kidnapping an Egyptian iman. [01:00.280 --> 01:06.880] The court up to nine years the sentence given to Robert Lady, former head of the CIA's Milan station. [01:06.880 --> 01:12.760] Lady and other agents must pay two million dollars in damages to Osama Hassan Mustafa Nasir [01:12.760 --> 01:16.960] and his wife for the 2003 abduction. [01:16.960 --> 01:22.240] The research group Public Citizen says the drug industry has surpassed the arms industry [01:22.240 --> 01:25.120] as the largest defrauder of the federal government. [01:25.120 --> 01:28.840] By tracking payments made for violations of the False Claims Act, [01:28.840 --> 01:35.720] the study found pharmaceutical cases accounted for at least 25% of all federal FCA payouts [01:35.720 --> 01:43.000] over the past decade, compared to 11% by the defense industry, previously known as the biggest defrauder. [01:43.000 --> 01:49.440] Public Citizen analyzed all major pharmaceutical companies' civil and criminal settlements since 1991 [01:49.440 --> 01:55.360] and found the pharmaceutical industry had violated federal and state laws at an alarming rate. [01:55.360 --> 02:00.320] Over the past 20 years, Big Pharma has paid nearly 20 billion dollars in settlements. [02:00.320 --> 02:04.360] 73% of the settlements occurred during the past five years. [02:04.360 --> 02:10.440] Infractions included illegal promotion of a drug for use is not approved by the Food and Drug Administration [02:10.440 --> 02:15.240] and companies deliberately overcharging state health programs. [02:15.240 --> 02:21.480] Bradley Manning, the former U.S. intelligence analyst suspected of leaking diplomatic cables to WikiLeaks, [02:21.480 --> 02:27.760] is being held at a military base in Virginia and faces a court martial in up to 52 years in prison [02:27.760 --> 02:30.520] for his alleged role in copying the documents. [02:30.520 --> 02:35.840] Manning's friends and supporters claim they have been the target of extrajudicial harassment, [02:35.840 --> 02:39.000] intimidation and bribery by U.S. government agents. [02:39.000 --> 02:43.480] According to David House, a computer researcher who has visited Manning twice a month, [02:43.480 --> 02:48.800] it became clear that his time in solitary was enacted as a means of punishment. [02:48.800 --> 03:15.880] House said friends have reported being followed extensively. [03:15.880 --> 03:43.120] I received my remedy today, it came in a box just like they say, I accept it for value right away. [03:43.120 --> 03:54.680] Not sooner, not later, we are originators and the pathway seems to get straighter every day. [03:54.680 --> 04:01.800] And I can take anything that belongs to me and put it to good use. [04:01.800 --> 04:09.280] But I was good for the gander, don't work for the goose. [04:09.280 --> 04:16.560] I know some architects, I know some engineers. [04:16.560 --> 04:23.520] They see the evidence, they know a certain seems queer. [04:23.520 --> 04:26.520] What's up with the blatant deception? [04:26.520 --> 04:31.200] What is the nature of what you might gain? [04:31.200 --> 04:34.920] Okay folks, we are back, we're taking your calls. [04:34.920 --> 04:38.880] We're at the midway point of our four hour info marathon. [04:38.880 --> 04:45.000] Here on December 17th, 2010, we are going to Kareem in California. [04:45.000 --> 04:46.360] Kareem, thanks for calling in. [04:46.360 --> 04:49.240] What's on your mind tonight? [04:49.240 --> 04:59.600] Yes, I called in a couple of days ago, that was Wednesday and... [04:59.600 --> 05:06.480] Okay, that was not the radio station, that was a separate private conference call. [05:06.480 --> 05:19.320] Yes sir, yes Randy, and you told me to try to call tonight after emailing you the link [05:19.320 --> 05:23.240] to a few pages of my 2004 lawsuit. [05:23.240 --> 05:33.720] Okay, I got the page, but I didn't really have links, I had names of cases, but I didn't [05:33.720 --> 05:39.360] have links to documents. [05:39.360 --> 05:51.080] It was the link, well there was one with two, three links which I sent you before I called [05:51.080 --> 05:58.000] and there was one which I sent you that evening after I called, after I talked to you and [05:58.000 --> 05:59.000] the one that I... [05:59.000 --> 06:03.040] Okay, well whatever I got, I must have got the wrong one because what I got was a page [06:03.040 --> 06:09.280] with names of cases with your name on it, but I didn't actually have a link, I just [06:09.280 --> 06:13.440] had the name and the direction and I figured I'd have to go to Pacers up and try to trace [06:13.440 --> 06:16.680] it down, so I didn't get to look at it. [06:16.680 --> 06:25.400] Oh no, no, no, you would have, that's actually available on my, they're all available on [06:25.400 --> 06:26.400] my blog. [06:26.400 --> 06:32.320] Okay, well we have a lot of people listening, let's just go on. [06:32.320 --> 06:35.320] I apologize, I didn't get to look at it, there was some confusion. [06:35.320 --> 06:36.320] Okay, no problem. [06:36.320 --> 06:45.240] The bottom line is that you mentioned, you started out last Wednesday by saying that [06:45.240 --> 06:57.840] this colossal foreclosure scheme and crime across the country, you believe it's been [06:57.840 --> 07:06.160] a conspiracy and so on and then when I came on, I stated to you that this hasn't been [07:06.160 --> 07:17.920] just a conspiracy, it was engineered in the 1980s and I discovered this in 2002, right [07:17.920 --> 07:22.760] after I purchased the house here the first time, I purchased the house here, I used to [07:22.760 --> 07:25.120] live in Europe before. [07:25.120 --> 07:33.240] Okay, and frankly, frankly I was intrigued by that because you're, okay, okay, for those [07:33.240 --> 07:41.520] who didn't, we do a Wednesday night call for people about foreclosure issues, it's a conference [07:41.520 --> 07:53.240] call and in the early 2000, he was saying what has happened, he was saying back then [07:53.240 --> 08:01.360] this is going to happen and frankly, I'm intrigued that a consumer can look at the information [08:01.360 --> 08:07.200] that's available and say this is what's going to happen guys, I mean so this doesn't make [08:07.200 --> 08:11.440] it rocket science, so how? [08:11.440 --> 08:22.200] Right, actually I used to work in institutional foreign exchange arbitrage and financial markets [08:22.200 --> 08:35.960] when I was in Europe and so I was in the financial business and I knew where and how money moves [08:35.960 --> 08:55.080] and in 01 I brought my family here from Europe and in 02 by fraud I was sold a house by World [08:55.080 --> 09:01.840] Savings Bank, First Team, Real Estate of Orange County and a bunch of other crooks who ended [09:01.840 --> 09:09.920] up forging all the documents, all the grant deeds, all the loan documents and so on and [09:09.920 --> 09:21.600] they concealed this, the forgeries, they did this so well, so institutionally and so magnificently [09:21.600 --> 09:33.320] that I started digging right after what happened, I cancelled but this went on and they wouldn't [09:33.320 --> 09:42.200] give me my money back, the way they did, they stole my money, my down payment, my good faith [09:42.200 --> 09:50.640] deposit of $55,000, they stole it and then they told me that look everything is done, [09:50.640 --> 09:56.360] you have to move in and so on, what it turned out years later discovered that in fact they [09:56.360 --> 10:02.520] had forged all the documents and they had made the loan. [10:02.520 --> 10:05.240] Have you looked at the criminal side of this? [10:05.240 --> 10:12.160] Oh yes I have and the Orange County Sheriff, the most probably corrupt or if not the most [10:12.160 --> 10:17.880] one of the most corrupt Sheriff's Department in the country and it's law enforcement at [10:17.880 --> 10:20.920] Orange County District turning the same and... [10:20.920 --> 10:29.720] Okay, I'm going to tell you something that's very depressing, in this show it's primarily [10:29.720 --> 10:40.680] about due process and not so much about foreclosure, I hear people from all over the country consistently [10:40.680 --> 10:47.680] saying the same thing, my county is the most corrupt county in the nation. [10:47.680 --> 10:55.040] There's only one exception to that and that is Williamson County, Texas, people from Williamson [10:55.040 --> 11:01.240] County don't, it's not just people from Williamson County that say it's the most corrupt, everyone [11:01.240 --> 11:07.200] in Texas says Williamson County is the most corrupt, so that's the only exception, so [11:07.200 --> 11:09.680] they probably really are the most corrupt. [11:09.680 --> 11:14.680] It is frustrating, I go to California, Massachusetts, New York. [11:14.680 --> 11:17.040] It's Massachusetts Randy. [11:17.040 --> 11:27.640] Massachusetts does not have a T in the middle, anyway, and Worcester, all over the country [11:27.640 --> 11:36.000] people say my county is the most corrupt and we're in a position where nobody who's ever [11:36.000 --> 11:41.440] had any experience with the system trusts it, it is absolutely corrupt everywhere and [11:41.440 --> 11:47.240] that is an incredible indictment and that's why I ask, have you went after them? [11:47.240 --> 11:58.280] In California, California has one of the best grand jury systems I've ever seen and it's [11:58.280 --> 12:08.320] just that those people who are subject to, are most vulnerable to the grand jury do everything [12:08.320 --> 12:13.400] they can to hide it from us. [12:13.400 --> 12:27.280] You need to take these allegations of fraud and forging these documents and run the routine [12:27.280 --> 12:29.400] on them. [12:29.400 --> 12:32.800] Don't go to the sheriff's, sheriffs waste of time. [12:32.800 --> 12:38.140] I have to the grand jury several months ago, they haven't responded yet. [12:38.140 --> 12:44.400] Go to, okay, look at how the grand jury system works. [12:44.400 --> 12:46.840] How often do they impanel a grand jury? [12:46.840 --> 12:50.120] How long does the grand jury set? [12:50.120 --> 12:54.520] It's different with different jurisdictions depending on how large it is. [12:54.520 --> 13:01.920] I live for 30 years in a small county in northern Texas and they have one grand jury and they [13:01.920 --> 13:03.960] meet once a month. [13:03.960 --> 13:11.040] I'm now in Travis County, they have three grand juries, they meet every day. [13:11.040 --> 13:17.640] One of the grand juries meets every day and Harris County and Houston, they have four [13:17.640 --> 13:23.200] grand juries so you'll have two or three grand juries meeting at the same time. [13:23.200 --> 13:29.660] Find out how many grand juries they have, when they meet, how often they change because [13:29.660 --> 13:34.280] every time they get a new grand jury, you file with the new one. [13:34.280 --> 13:40.880] Unfortunately, I do not get, they do not give out any information on any of them. [13:40.880 --> 13:49.840] All you get is the address of U.S. Attorney's office on the ninth floor or so of the federal [13:49.840 --> 13:54.440] billing in Los Angeles where you're supposed to mail it in. [13:54.440 --> 13:59.400] Okay, federal grand jury is different, there's a different set of ways to go after these. [13:59.400 --> 14:03.840] If you're going after a state grand jury, California has a great state grand jury. [14:03.840 --> 14:10.640] Oh actually, unfortunately here California state grand jury is worthless in the sense [14:10.640 --> 14:13.280] that they don't go after their own judges. [14:13.280 --> 14:16.240] So their own judges are immune to jury. [14:16.240 --> 14:19.120] No it's not worthless. [14:19.120 --> 14:21.880] California has a great grand jury system. [14:21.880 --> 14:27.720] Just don't pay any attention to what the prosecutor says, what the judge says, what any of those [14:27.720 --> 14:29.600] public officials say. [14:29.600 --> 14:33.200] They are lion SOBs. [14:33.200 --> 14:38.520] They will look you right in the eye and lie like a dog. [14:38.520 --> 14:44.220] They are the ones that are most afraid of the grand jury because you have to understand. [14:44.220 --> 14:50.200] There's only one reason for that grand jury to be there and that's to protect you from [14:50.200 --> 14:55.600] those lion SOBs, from the prosecutor and the judges. [14:55.600 --> 14:58.480] That's why the grand jury is there. [14:58.480 --> 15:00.280] So you've got to expect them to lie to you. [15:00.280 --> 15:10.880] I don't care what they say to me and the procedure I'm presenting is to set them up. [15:10.880 --> 15:16.760] They want to do this little song and dance, I'll dance with them except I'm going to lead [15:16.760 --> 15:22.520] and what I'm going to do is I'm going to file a criminal complaint against whoever I'm after [15:22.520 --> 15:27.840] with the district attorney and the district attorney is going to refuse to present it [15:27.840 --> 15:33.880] to the grand jury and then what I'm going to maintain and what I suggest you do, never [15:33.880 --> 15:36.680] go down there and talk to them. [15:36.680 --> 15:41.200] Never give them the opportunity to look you in the eye. [15:41.200 --> 15:45.520] Now I know we want to. [15:45.520 --> 15:50.260] We want to look them in the eye and tell them what a bunch of no good rotten lousy scumbag [15:50.260 --> 15:52.080] scoundrels they are. [15:52.080 --> 15:59.480] It will give us a lot of personal satisfaction but I'm suggesting that we not do that. [15:59.480 --> 16:02.440] These guys are very good at confrontation. [16:02.440 --> 16:04.320] That's what they do. [16:04.320 --> 16:07.220] They do confrontation all day, every day. [16:07.220 --> 16:10.760] If you think you're in a league with them, you're deluding yourself. [16:10.760 --> 16:14.360] So never give them an opportunity to confront you. [16:14.360 --> 16:18.920] Send your documents to them in the mail. [16:18.920 --> 16:20.520] Send them certified. [16:20.520 --> 16:24.280] Send them restricted. [16:24.280 --> 16:29.600] Send a set of complaints to the prosecuting attorney and what the prosecuting attorney [16:29.600 --> 16:36.560] is going to do is he's going to exercise what he maintains is prosecutorial discretion. [16:36.560 --> 16:44.240] And when we come back from break, I'm going to explain why what he does is not prosecutorial [16:44.240 --> 16:52.520] discretion but is in fact prosecutorial caprice in that he decides who he wants to prosecute [16:52.520 --> 16:53.920] rather than the sufficient cost. [16:53.920 --> 17:02.240] Okay, Randy Kelton, Deborah Stevens, Eddie Craig, Little Ball Radio, we'll be right back. [17:02.240 --> 17:07.280] Capital Coin and Bullions is your local source for rare coins, precious metals and coin supplies [17:07.280 --> 17:09.280] in the Austin metro area. [17:09.280 --> 17:11.320] We also ship worldwide. [17:11.320 --> 17:15.360] We are a family owned and operated business that offers competitive prices on your coin [17:15.360 --> 17:16.360] and metals purchases. [17:16.360 --> 17:22.320] We buy, sell, trade and consign rare coins, gold and silver coin collections, precious [17:22.320 --> 17:23.920] metals and scrap gold. [17:23.920 --> 17:27.520] We will purchase and sell gold and jewelry items as well. [17:27.520 --> 17:30.120] We offer daily specials on coins and bullions. [17:30.120 --> 17:36.080] We're located at 5448 Burnett Road, Suite 3 and we're open Monday through Friday, 10 [17:36.080 --> 17:40.080] a.m. to 6 p.m. Saturdays, 10 a.m. to 5 p.m. [17:40.080 --> 17:47.480] You are welcome to stop in our shop during regular business hours or call 512-646-6440 [17:47.480 --> 17:48.480] with any questions. [17:48.480 --> 17:54.000] Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM, that's Capital [17:54.000 --> 18:00.520] Coin and Bullion, 512-646-6440. [18:00.520 --> 18:05.240] Are you being harassed by debt collectors with phone calls, letters or even lawsuits? [18:05.240 --> 18:09.320] Stop debt collectors now with the Michael Mears proven method. [18:09.320 --> 18:13.640] Michael Mears has won six cases in federal court against debt collectors and now you [18:13.640 --> 18:14.640] can win two. 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[18:59.840 --> 19:00.840] Well, don't let them get to you. [19:00.840 --> 19:01.840] Only the father can deliver you. [19:01.840 --> 19:12.840] Well, don't let bad-minded people hurt you until they see it and get behind you again. [19:12.840 --> 19:17.840] Norman, my friend, and all the jacks you'll see. [19:17.840 --> 19:20.840] Couple of those things have hurt me free. [19:20.840 --> 19:23.840] Telling you problems every day. [19:23.840 --> 19:26.840] Calling his name once again. [19:26.840 --> 19:31.840] Here we go, you know he worth it. [19:31.840 --> 19:34.840] Trust in God, me friend. [19:34.840 --> 19:37.840] Telling you problems every day. [19:37.840 --> 19:40.840] Calling his name once again. [19:40.840 --> 19:43.840] Here we go, you know he worth it. [19:43.840 --> 19:45.840] He is everything to me. [19:45.840 --> 19:47.840] That's why me call him. [19:47.840 --> 19:50.840] Call me me and me pray to him. [19:50.840 --> 19:52.840] Because he's the only one... [19:52.840 --> 19:53.840] Okay, go ahead, Randy. [19:53.840 --> 20:00.840] Randy Kelvin, Deborah Stevens, Eddie Craig, Root of Law Radio, and we're talking about [20:00.840 --> 20:03.840] grand juries and how powerful they are. [20:03.840 --> 20:13.840] The one thing that everybody needs to understand is the police department, the prosecuting [20:13.840 --> 20:15.840] attorney, and the judges. [20:15.840 --> 20:21.840] They do not want you and I going to their grand juries. [20:21.840 --> 20:23.840] They think they're their grand juries. [20:23.840 --> 20:27.840] Because they're used to impaling grand juries and presenting to grand juries. [20:27.840 --> 20:34.840] But in the end, they know how powerful that grand jury is and how dangerous it is. [20:34.840 --> 20:39.840] The last thing they want us to know is how powerful and dangerous it is. [20:39.840 --> 20:44.840] They do not want us getting there and they'll do every kind of song and dance they can to [20:44.840 --> 20:47.840] keep us from getting there. [20:47.840 --> 20:52.840] They pay absolutely no attention to what they say. [20:52.840 --> 20:56.840] So what I suggest is you set them up. [20:56.840 --> 20:58.840] We know what they're doing. [20:58.840 --> 21:00.840] We know the routine. [21:00.840 --> 21:06.840] We want them to understand that we know where you live, we know the crap you're pulling, [21:06.840 --> 21:08.840] and we're setting you up. [21:08.840 --> 21:13.840] And we set them up by sending a set of criminal complaints, verified criminal affidavits, [21:13.840 --> 21:16.840] to the prosecuting attorney. [21:16.840 --> 21:19.840] And you don't care what he does. [21:19.840 --> 21:22.840] If he gives them to the grand jury, wonderful. [21:22.840 --> 21:27.840] If he doesn't, wonderful. [21:27.840 --> 21:29.840] Then we get to go after him. [21:29.840 --> 21:38.840] So you send them to him and then if you haven't heard from him in, say, two weeks, [21:38.840 --> 21:45.840] then you accuse the prosecuting attorney not of exercising prosecutorial discretion [21:45.840 --> 21:51.840] because the courts grant prosecutors a certain amount of discretion, [21:51.840 --> 21:55.840] even though for most states it's not in law. [21:55.840 --> 22:00.840] Pennsylvania, it's in the law that the prosecutor can determine whether or not [22:00.840 --> 22:05.840] there's a sufficient cause to pursue prosecution. [22:05.840 --> 22:08.840] That's the only state I've seen where it's codified into law. [22:08.840 --> 22:13.840] Most other states allow the prosecutor to make that determination. [22:13.840 --> 22:17.840] What we maintain is that the prosecutor did not make a determination [22:17.840 --> 22:21.840] as to whether or not there was sufficient cause to believe a crime has been committed [22:21.840 --> 22:23.840] and the accused had committed the crime, [22:23.840 --> 22:32.840] but rather the prosecutor exercised caprice in that he decided who he wanted to prosecute [22:32.840 --> 22:38.840] and who he did not, and that he does not have authority to do. [22:38.840 --> 22:42.840] That's obstruction of justice and shielding from prosecution. [22:42.840 --> 22:45.840] So when we don't get a response from the prosecutor [22:45.840 --> 22:50.840] or we get a response from the prosecutor saying he's not going to prosecute, [22:50.840 --> 22:55.840] then we file a complaint with the highest judge we can find. [22:55.840 --> 22:59.840] And you and I can do that because we're nobody. [22:59.840 --> 23:00.840] We're not public officials. [23:00.840 --> 23:04.840] We're not subject to the rules that apply to public officials. [23:04.840 --> 23:07.840] We are the sovereigns. [23:07.840 --> 23:18.840] You and I can do anything we want to unless the law specifically forbids us to do something. [23:18.840 --> 23:26.840] And in no state I've ever looked at is there any law that forbids a citizen [23:26.840 --> 23:32.840] from filing criminal complaints with anybody they want to. [23:32.840 --> 23:37.840] So we file a criminal complaint with the highest judge we can find, [23:37.840 --> 23:46.840] and that binds him if we file it in the form of a verified criminal affidavit. [23:46.840 --> 23:51.840] If you go to the police department and give them a voluntary statement, [23:51.840 --> 23:53.840] that's complaining. [23:53.840 --> 23:56.840] That's informal. [23:56.840 --> 24:00.840] Complaint as we use it here is a term of art. [24:00.840 --> 24:06.840] Complaint means a verified criminal affidavit stating that you have reason to believe [24:06.840 --> 24:11.840] and do believe based on the following that this person committed this criminal act. [24:11.840 --> 24:15.840] That is a criminal complaint, [24:15.840 --> 24:21.840] and that invokes a duty on the part of every magistrate and every judge as a magistrate. [24:21.840 --> 24:23.840] So you send it to the highest judge in the district, [24:23.840 --> 24:27.840] and he's probably never had one before. [24:27.840 --> 24:31.840] He forgot that he's a magistrate as well as a judge. [24:31.840 --> 24:36.840] The criminal complaint, the verified criminal affidavit, invokes his duty as a magistrate, [24:36.840 --> 24:40.840] and that's a duty from which he may not shield himself. [24:40.840 --> 24:43.840] When he refuses to act on the complaint, [24:43.840 --> 24:47.840] then you prepare a complaint against the judge [24:47.840 --> 24:52.840] for shielding the prosecuting attorney from prosecution, [24:52.840 --> 24:56.840] and you send that to the foreman of the grand jury. [24:56.840 --> 25:00.840] That's addressed to the district attorney's office, [25:00.840 --> 25:04.840] and when the district attorney gets it, he's going to open it, [25:04.840 --> 25:09.840] and that's when he's going to know you set him up. [25:09.840 --> 25:14.840] You filed a complaint against these guys you knew he wouldn't go after [25:14.840 --> 25:17.840] so that you could come back after him. [25:17.840 --> 25:21.840] That's when you start getting their attention. [25:21.840 --> 25:28.840] Then you don't hear from the district attorney or from the grand jury. [25:28.840 --> 25:30.840] Then you call the postal inspector. [25:30.840 --> 25:36.840] You make up a written complaint and send it to the United States postal inspectors [25:36.840 --> 25:43.840] accusing the U.S. attorney of interfering with the U.S. mail, [25:43.840 --> 25:46.840] and the postal inspectors are great. [25:46.840 --> 25:51.840] You give them an opportunity to go in there and stomp all over a local prosecutor. [25:51.840 --> 25:58.840] They will be in public official heaven. [25:58.840 --> 26:02.840] They go in and talk to this prosecutor and want to know what's happening to the mail. [26:02.840 --> 26:07.840] They don't care about any of the prosecutor's issues. [26:07.840 --> 26:14.840] They don't care about who can talk to the grand jury and who can't talk to the grand jury. [26:14.840 --> 26:17.840] They care about the U.S. mail. [26:17.840 --> 26:22.840] They care about the mail going to the people that the mail is addressed to, [26:22.840 --> 26:29.840] and what you will do is start trouble. [26:29.840 --> 26:32.840] The primary one you want is the judge, [26:32.840 --> 26:35.840] because the judge is essentially innocent in all this. [26:35.840 --> 26:38.840] He really doesn't think that he has anything to do with this. [26:38.840 --> 26:43.840] Then all of a sudden you're trying to get the grand jury to indict him, [26:43.840 --> 26:45.840] and he's going to go to the prosecutor's attorney and say, [26:45.840 --> 26:49.840] What in the heck is going on? [26:49.840 --> 26:52.840] They're trying to get the grand jury to indict me, [26:52.840 --> 26:55.840] because I wouldn't file criminal charges against you. [26:55.840 --> 26:57.840] You better fix this. [26:57.840 --> 26:59.840] And he's going to say, [26:59.840 --> 27:05.840] Oh, well, later I'll get me to prosecute these lenders and these banks, [27:05.840 --> 27:08.840] and the judge is going to tell them I don't care what they're doing. [27:08.840 --> 27:12.840] I don't want to lose my job because of you. [27:12.840 --> 27:17.840] And what do you think the prosecutor is going to tell the bankers? [27:17.840 --> 27:22.840] Guys, you better get this fixed. [27:22.840 --> 27:25.840] I'm not going to lose my job because of you, [27:25.840 --> 27:34.840] and I guarantee you when it comes to a grand jury, grand juries terrify all of them. [27:34.840 --> 27:41.840] That is the one thing that is absolutely out of their control. [27:41.840 --> 27:44.840] My local prosecutor told me once, [27:44.840 --> 27:50.840] Those darn grand jurors, you never know what they're going to do. [27:50.840 --> 27:55.840] And I thought I could not hear anything better. [27:55.840 --> 28:00.840] I couldn't have heard anything that would have more convinced me [28:00.840 --> 28:07.840] that my founding fathers were absolutely correct in creating grand juries the way they did, [28:07.840 --> 28:12.840] because these public officials never know what they're going to do. [28:12.840 --> 28:17.840] Nine times out of ten, they're not going to indict a public official. [28:17.840 --> 28:25.840] But who wants to play Russian roulette with your career? [28:25.840 --> 28:28.840] One indictment, you are history. [28:28.840 --> 28:34.840] So when you file with a grand jury, I'm telling you that's a big deal. [28:34.840 --> 28:37.840] And when they don't give it to the grand jury and you turn the heat up, [28:37.840 --> 28:41.840] it keeps getting worse and worse and everybody starts looking to their careers [28:41.840 --> 28:46.840] and potentially to their liberty because they can go to jail for this stuff. [28:46.840 --> 28:49.840] This will start getting us purchased. [28:49.840 --> 28:56.840] This will start forcing the legal community to pay attention to you and me. [28:56.840 --> 29:03.840] It is my purpose and my ultimate outcome to put every judge in the country in a position [29:03.840 --> 29:07.840] such that when he steps up behind the bench, looks out across the bar at the gallery, [29:07.840 --> 29:09.840] I want him wondering which one. [29:09.840 --> 29:14.840] Which one of those no-good scoundrels out there are waiting for me to render a ruling [29:14.840 --> 29:18.840] so he can run down the grand jury and try to get me indicted? [29:18.840 --> 29:22.840] Thomas Jefferson said, when the people fear the government, there is tyranny. [29:22.840 --> 29:26.840] When the government fears the people, there is liberty. [29:26.840 --> 29:31.840] Okay, when we come back, we're going to go to Gary in North Carolina. [29:31.840 --> 29:38.840] This is Randy Kelton, Deborah Stevens, Eddie Craig, Wheel of Law Radio. [29:38.840 --> 29:43.840] And when we come back on the other side, I'm going to stop preaching. [29:43.840 --> 29:45.840] Thank you all for listening. [29:45.840 --> 29:47.840] We'll be right back. [29:47.840 --> 30:01.840] MUSIC [30:17.840 --> 30:42.840] I'm Dr. Catherine Albrecht, and I'll tell you more in just a moment. [30:42.840 --> 30:48.840] Your search engine is watching you, recording all your searches and creating a massive database [30:48.840 --> 30:50.840] of your personal information. [30:50.840 --> 30:51.840] That's creepy. [30:51.840 --> 30:53.840] But it doesn't have to be that way. [30:53.840 --> 30:56.840] Startpage.com is the world's most private search engine. [30:56.840 --> 30:59.840] Startpage doesn't store your IP address, make a record of your searches, [30:59.840 --> 31:02.840] or use tracking cookies, and they're third-party certified. [31:02.840 --> 31:07.840] If you don't like Big Brother spying on you, start over with Startpage. [31:07.840 --> 31:09.840] Great search results and total privacy. [31:09.840 --> 31:13.840] Startpage.com, the world's most private search engine. [31:13.840 --> 31:18.840] The beet is a root vegetable known for its vivid fuchsia color and earthy taste. [31:18.840 --> 31:21.840] Now researchers have found another distinctive quality. [31:21.840 --> 31:25.840] Drinking beet juice may help slow or prevent Alzheimer's disease and dementia. [31:25.840 --> 31:31.840] Doctors believe mental decline is caused by decreased blood flow to the brain as people age. [31:31.840 --> 31:35.840] Beet juice is high in nitrates that the body turns into nitrites. [31:35.840 --> 31:40.840] Those open up blood vessels and increase the flow of oxygen-rich blood into the part of the brain [31:40.840 --> 31:41.840] that handles cognition. [31:41.840 --> 31:43.840] But don't drink it straight. [31:43.840 --> 31:48.840] Beet juice is intense and can cause side effects like temporary paralysis of vocal cords and hives. [31:48.840 --> 31:52.840] Mix beet juice with other fruit and veggie juices and drink up. [31:52.840 --> 31:53.840] I'm Dr. Catherine Albrecht. [31:53.840 --> 32:20.840] More news and information at CatherineAlbrecht.com. [32:20.840 --> 32:23.840] Okay folks, we are back. We're taking your calls. [32:23.840 --> 32:27.840] We're going to go now to Gary in North Carolina. [32:27.840 --> 32:29.840] Gary, thank you for calling in. [32:29.840 --> 32:31.840] What is your question tonight? [32:31.840 --> 32:33.840] Hello from North Carolina. [32:33.840 --> 32:36.840] I'm a first-time listener and caller. [32:36.840 --> 32:43.840] In two months I go to court for resisting a public officer. [32:43.840 --> 32:45.840] Okay, okay, wait a minute. [32:45.840 --> 32:48.840] Resisting a public officer. [32:48.840 --> 32:49.840] Right. [32:49.840 --> 32:51.840] Are you sure it's not resisting arrest? [32:51.840 --> 32:54.840] No, it's called resisting a public officer. [32:54.840 --> 32:59.840] I've looked up the statute and that's what the statute is. [32:59.840 --> 33:02.840] Okay, what's the number in the general statutes? [33:02.840 --> 33:06.840] It is 14223GS. [33:06.840 --> 33:10.840] GS, what does it say? [33:10.840 --> 33:26.840] Okay, it says, if any person shall willfully and awfully resist, delay, or obstruct the public officer in discharging or attempting to discharge the duty of his office, he shall be guilty of class two misdemeanor. [33:26.840 --> 33:37.840] Okay, what did you do that, that's kind of obstruction of, okay, what did you do to resist a public officer? [33:37.840 --> 33:45.840] Okay, well let me read you the allegations because it's kind of comical. [33:45.840 --> 33:47.840] Okay, here are the allegations. [33:47.840 --> 33:51.840] This is from the Magistrate's Office. [33:51.840 --> 33:56.840] Can you guys hold on just a second, my cell phone is about to run the battery out so I need to plug in. [33:56.840 --> 33:57.840] Okay. [33:57.840 --> 33:58.840] I don't want to lose you. [33:58.840 --> 33:59.840] Okay. [33:59.840 --> 34:04.840] I'll be right back. [34:04.840 --> 34:09.840] I was going to say no. [34:09.840 --> 34:12.840] I guess I got preempted. [34:12.840 --> 34:19.840] Okay, I've spent some time in North Carolina looking through their statutes. [34:19.840 --> 34:25.840] I don't remember this one. [34:25.840 --> 34:33.840] I think, okay, he's going to take a minute, we can go on to the next call and pick him up after this one. [34:33.840 --> 34:36.840] Okay, listen Gary, we're going to have to put you on hold. [34:36.840 --> 34:39.840] He probably can't hear us because he's fumbling with the battery. [34:39.840 --> 34:41.840] All right, well we'll make the announcement in there. [34:41.840 --> 34:43.840] All right, we got Larry from Missouri. [34:43.840 --> 34:45.840] Larry, thanks for calling in. [34:45.840 --> 34:47.840] What's on your mind tonight? [34:47.840 --> 34:48.840] Hi, thanks for taking my call. [34:48.840 --> 34:51.840] This is a follow-up question. [34:51.840 --> 34:53.840] A week ago I spoke to Eddie. [34:53.840 --> 35:01.840] I got a ticket, Missouri Highway Patrol from a window tending, went to the courthouse today trying to look at my file, [35:01.840 --> 35:04.840] the physical file, the computer information. [35:04.840 --> 35:11.840] The lady there that I spoke to said she has no information, nothing, no file, [35:11.840 --> 35:19.840] because I had to wait about 30 days more or less, she told me, for it to come to the courthouse. [35:19.840 --> 35:27.840] She told me to call the Jefferson City, the capital, or to handle all the citations, [35:27.840 --> 35:32.840] and then to either pay the fine there directly or enter a plea of not guilty. [35:32.840 --> 35:37.840] So I just got to, you know, just talking to her, I didn't want to argue or anything with her. [35:37.840 --> 35:39.840] She's got all the information on the left. [35:39.840 --> 35:41.840] So I guess my question is trying to get some advice. [35:41.840 --> 35:47.840] At Missouri, you can't, under the state constitution and the code of criminal procedures, [35:47.840 --> 35:56.840] it says that the accused has a right to understand or demand the nature and cause for all accusations. [35:56.840 --> 35:59.840] So should I write a formal letter? [35:59.840 --> 36:02.840] Okay, hold on, hold on, back up, back up just a minute. [36:02.840 --> 36:11.840] In Missouri, does the law require that on arrest without a warrant [36:11.840 --> 36:14.840] that you be brought directly before a magistrate? [36:14.840 --> 36:17.840] I am not sure. [36:17.840 --> 36:19.840] You need to find that out. [36:19.840 --> 36:26.840] Well, also the question becomes, is a traffic stop in Missouri an actual custodial arrest [36:26.840 --> 36:29.840] as it is here in Texas? [36:29.840 --> 36:32.840] It has to be an arrest of some type, no matter what they call it. [36:32.840 --> 36:35.840] Well, they call it an investigative detention in the Supreme Court. [36:35.840 --> 36:43.840] But what I have not seen in any Supreme Court case address is a specific state statute [36:43.840 --> 36:49.840] that says, like ours does, that you are in a custodial arrest. [36:49.840 --> 36:53.840] I've looked, I'm sorry, I've looked and I've looked for that term custodial, [36:53.840 --> 36:57.840] tried to do a search for that term, another term, and I do not find it. [36:57.840 --> 36:58.840] I have not found it yet. [36:58.840 --> 37:00.840] Well, you won't find it like that. [37:00.840 --> 37:04.840] You basically have to look at the section of the statute dealing with citations. [37:04.840 --> 37:09.840] First off, as far as your window tinting, what code does it fall under? [37:09.840 --> 37:13.840] Department of Motor Vehicles, Transportation, what code is it in? [37:13.840 --> 37:15.840] Is it in the penal code? [37:15.840 --> 37:16.840] Where is it? [37:16.840 --> 37:19.840] That will tell you what context you have to look for it in. [37:19.840 --> 37:20.840] Okay. [37:20.840 --> 37:25.840] Okay, let me back up and ask a couple of questions. [37:25.840 --> 37:31.840] Generally, how far are you, say, from St. Louis approximately? [37:31.840 --> 37:33.840] Approximately about 45 miles. [37:33.840 --> 37:36.840] Okay, so you're not that terribly far. [37:36.840 --> 37:37.840] No. [37:37.840 --> 37:46.840] Are you aware of any patriot groups in your area? [37:46.840 --> 37:47.840] No. [37:47.840 --> 37:49.840] You might see if you can find some. [37:49.840 --> 37:55.840] For me, it's been surprising that most other states I've found them in, [37:55.840 --> 38:00.840] but there's been few in Missouri. [38:00.840 --> 38:07.840] You might do a little Internet search and see if you can find other patriot groups in Missouri [38:07.840 --> 38:11.840] that can help sort out the Missouri statutes. [38:11.840 --> 38:17.840] It's a pretty daunting task to do what Eddie Craig has done. [38:17.840 --> 38:20.840] He has read the code frontwards, backwards. [38:20.840 --> 38:26.840] He knows it upside down and sideways, but it has taken a gargantuan. [38:26.840 --> 38:29.840] It's just been a gargantuan task for him to do that. [38:29.840 --> 38:30.840] Yeah, 14 years. [38:30.840 --> 38:37.840] Yeah, so first thing is see if you can find some other folks [38:37.840 --> 38:42.840] who are interested in the same things in Missouri. [38:42.840 --> 38:44.840] We can answer a lot of your questions, [38:44.840 --> 38:51.840] but if you can find some other people who can fill in the gaps that you don't have, [38:51.840 --> 38:56.840] my concern is that you don't know the right question to ask us. [38:56.840 --> 39:02.840] And if you ask us the right question, we're likely not to know how to answer it in Missouri. [39:02.840 --> 39:04.840] Right, that's true. [39:04.840 --> 39:12.840] I feel like I'm stuck now because my only options according to them is plead guilty and pay [39:12.840 --> 39:21.840] or plead not guilty, but so far I'm mad according to the state constitution [39:21.840 --> 39:28.840] and the court of criminal procedure says I have to have the accused has a right to know the nature and cause. [39:28.840 --> 39:30.840] But it may say something else. [39:30.840 --> 39:32.840] You need to dig a little deeper in there. [39:32.840 --> 39:38.840] Start with whatever section deals with the judiciary in your state as well as your bill of rights. [39:38.840 --> 39:41.840] First thing is what, in Texas it's very specific. [39:41.840 --> 39:45.840] In our constitution, what vets a court with jurisdiction. [39:45.840 --> 39:47.840] It's called a proper charging instrument. [39:47.840 --> 39:52.840] There are only two, an indictment or an information. [39:52.840 --> 40:00.840] And from my reading of the constitution, the information was never ever intended to stand alone [40:00.840 --> 40:05.840] unless and until the indictment itself was quashed. [40:05.840 --> 40:11.840] Then and only then were they allowed to continue on with an information if it existed. [40:11.840 --> 40:14.840] But that's neither here nor there in your case. [40:14.840 --> 40:16.840] Look for that in your state constitution. [40:16.840 --> 40:19.840] How does the court get just jurisdiction? [40:19.840 --> 40:22.840] What does the bill of rights say about your right to know? [40:22.840 --> 40:27.840] Then whatever works as a code of criminal procedure there in Missouri, [40:27.840 --> 40:32.840] you're going to want to find out what the code says vets the court with jurisdiction [40:32.840 --> 40:34.840] and what steps they're supposed to have. [40:34.840 --> 40:44.840] For instance, in Texas they can't create a charging instrument unless there is a sworn complaint to base it on. [40:44.840 --> 40:50.840] So before anything else happens, somebody's got to swear out a criminal complaint. [40:50.840 --> 40:55.840] If they don't do that first step, there's no other steps to go through. [40:55.840 --> 41:00.840] Right, and in Texas a traffic citation is not a criminal complaint. [41:00.840 --> 41:02.840] Yes, it is not sworn to. [41:02.840 --> 41:11.840] It is not verified by someone authorized by law to administer an oath for it to be sworn to, so on and so forth. [41:11.840 --> 41:16.840] None of the statutory requisites of a signed and verified complaint, sworn and verified complaint. [41:16.840 --> 41:21.840] Okay, Larry, have you been listening to our program regularly? [41:21.840 --> 41:24.840] For about four weeks. [41:24.840 --> 41:25.840] Good, wonderful. [41:25.840 --> 41:26.840] Keep listening. [41:26.840 --> 41:27.840] Call in. [41:27.840 --> 41:31.840] Okay, we're talking about law in Texas. [41:31.840 --> 41:43.840] However, it's always been the intent of the federal government and all of the states that the laws be consistent [41:43.840 --> 41:52.840] so that we can move from one state to another and be relatively sure that we're in compliance with law. [41:52.840 --> 41:58.840] And Texas has an especially good jurisprudence. [41:58.840 --> 42:06.840] What you hear, what we talk about here, this will give you a foundation to look in Missouri law [42:06.840 --> 42:10.840] to see how it correlates with what we're talking about here. [42:10.840 --> 42:19.840] It'll save you a whole lot of time because all of it's essentially the same with minor variations. [42:19.840 --> 42:28.840] So listen to how the process is required to go because most of what we're talking about is based on federal law anyway, [42:28.840 --> 42:37.840] especially with the initial procedures, arrest, magistrates, examining trials. [42:37.840 --> 42:42.840] This is out of the federal law and all of the states have to respond to the federal law. [42:42.840 --> 42:44.840] It's going to be real similar. [42:44.840 --> 42:46.840] So it'll save you a whole lot of time. [42:46.840 --> 42:53.840] And if you can possibly find some other guys in Missouri who are interested in the same subjects, [42:53.840 --> 43:03.840] we would very much like you to bring them to us so we have people that we can refer, individuals like you to, [43:03.840 --> 43:10.840] to groups that can help them sort out the details in Missouri. [43:10.840 --> 43:11.840] Okay. [43:11.840 --> 43:12.840] That makes sense. [43:12.840 --> 43:13.840] Thanks a lot. [43:13.840 --> 43:14.840] May I ask one more question? [43:14.840 --> 43:15.840] Absolutely. [43:15.840 --> 43:19.840] I hear Eddie talk about the government code. [43:19.840 --> 43:22.840] What specifically is that, the government code? [43:22.840 --> 43:23.840] Okay. [43:23.840 --> 43:24.840] It's different for each state. [43:24.840 --> 43:28.840] In Texas, we have an administrative code, a government code, penal code. [43:28.840 --> 43:30.840] We've got a code for virtually anything you can think of. [43:30.840 --> 43:36.840] There's a code for morons that can't tie their shoes properly that work in government if you look hard enough. [43:36.840 --> 43:37.840] Okay. [43:37.840 --> 43:38.840] We're about to go to break. [43:38.840 --> 43:45.840] We'll address this as best we can since this is Missouri and it may be somewhat different. [43:45.840 --> 43:47.840] We'll address it as best we can when we come back. [43:47.840 --> 43:52.840] This is Randy Kelton, Deborah Stevenson and Craig, Wheel of Law Radio. [43:52.840 --> 44:00.840] We'll be right back on the other side. [44:00.840 --> 44:07.840] More energy, stronger immune power, improved sense of well-being. [44:07.840 --> 44:11.840] How many supplements have you heard boast of these benefits? [44:11.840 --> 44:16.840] The team behind Centrition believes that supplements should over-deliver on their promises. [44:16.840 --> 44:20.840] And Centrition does just that. [44:20.840 --> 44:24.840] Centrition utilizes the ancient healing wisdom of Chinese medicine. [44:24.840 --> 44:30.840] In conjunction with the science of modern nutrition, adaptogenic herbs serve as the healing component. [44:30.840 --> 44:37.840] And organic hemp protein in greens and superfoods act as a balanced nutrient base. [44:37.840 --> 44:41.840] Plus, Centrition tastes great in just water. 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[45:27.840 --> 45:33.840] Try our new Special Roast Hemp Coffee from HempUSA.org and wake up your brain without the jitters. [45:33.840 --> 45:36.840] Our customers look forward to their next cup of hemp coffee. [45:36.840 --> 45:42.840] Visit us at HempUSA.org or call 908-691-2608. [45:42.840 --> 45:49.840] That's 908-691-2608 and see if you'll change your mind about drinking coffee again. [45:49.840 --> 45:55.840] Taste the difference, feel the difference at HempUSA.org today. [45:55.840 --> 46:00.840] Hemp Coffee from HempUSA.org [46:25.840 --> 46:31.840] Okay, folks, we are back. [46:31.840 --> 46:39.840] We are talking with Larry in Missouri discussing what is government code. [46:39.840 --> 46:41.840] Okay, go ahead, Larry. [46:41.840 --> 46:43.840] Yes, and Gary, we know you're back. [46:43.840 --> 46:50.840] We saw we had to dump you, but in radio, the greatest sin is dead air. [46:50.840 --> 46:57.840] So as soon as we get done with Larry, we'll come back to you. [46:57.840 --> 46:59.840] What were we talking about? [46:59.840 --> 47:00.840] Government code, Randy. [47:00.840 --> 47:01.840] Government code, government code. [47:01.840 --> 47:04.840] This stuff of getting old sucks. [47:04.840 --> 47:08.840] Anyway, okay, my mother tells me the thing about forgetting is not going to get better. [47:08.840 --> 47:12.840] She told me what to do about it, but I don't remember. [47:12.840 --> 47:14.840] Okay, well, anyway, the question, government code. [47:14.840 --> 47:16.840] The codes are different for each state. [47:16.840 --> 47:25.840] Here we have a government code, an administrative code, a criminal code, a code of criminal procedure, [47:25.840 --> 47:29.840] rules of civil procedure, rules of appellate procedure. [47:29.840 --> 47:34.840] What do you have in Missouri? [47:34.840 --> 47:36.840] Hold on, we need to bring him back on the air. [47:36.840 --> 47:37.840] Okay. [47:37.840 --> 47:39.840] Okay, go ahead, Larry. [47:39.840 --> 47:41.840] I'm not sure of all the codes we have. [47:41.840 --> 47:48.840] I was looking for, when I heard the government code, I thought that was maybe something that was federal. [47:48.840 --> 47:54.840] I didn't know it was a code specifically for each state, so I haven't looked to see if Missouri has something. [47:54.840 --> 47:57.840] Well, states do their codes in two different ways. [47:57.840 --> 48:01.840] Some states will have individual codes for a particular set of subjects. [48:01.840 --> 48:08.840] Then there will be a revised statutes code in other states where all of the statutes are in one large code volume [48:08.840 --> 48:11.840] broken up into sections for subjects. [48:11.840 --> 48:14.840] Yes, we're going to North Carolina next, and that's how they are. [48:14.840 --> 48:16.840] They're all in the general statutes. [48:16.840 --> 48:24.840] Like 14 is criminal, and I think 15 is criminal procedure. [48:24.840 --> 48:26.840] So they're all in one big code. [48:26.840 --> 48:29.840] So you need to look at your state and see how they're broken up. [48:29.840 --> 48:30.840] Okay. [48:30.840 --> 48:32.840] I believe Missouri's like that from looking. [48:32.840 --> 48:37.840] I was looking, and I think they break it up by chapter, depending on just how you spoke about. [48:37.840 --> 48:39.840] So anyway, thanks for taking my call. [48:39.840 --> 48:41.840] I'll keep researching, so I appreciate it. [48:41.840 --> 48:42.840] Okay. [48:42.840 --> 48:43.840] Thanks, Larry. [48:43.840 --> 48:44.840] Okay. [48:44.840 --> 48:45.840] Okay. [48:45.840 --> 48:46.840] Let's call back Monday, Larry. [48:46.840 --> 48:47.840] Okay. [48:47.840 --> 48:49.840] We're going to go now to Gary in North Carolina. [48:49.840 --> 48:50.840] He's back. [48:50.840 --> 48:53.840] Gary, what is your question for us? [48:53.840 --> 48:54.840] Okay. [48:54.840 --> 49:03.840] So I was telling you folks that I got accorded too much for resisting a public officer, and I had read you the statute. [49:03.840 --> 49:10.840] You know, I was just getting ready to cover the allegations that were charged against me. [49:10.840 --> 49:11.840] Okay. [49:11.840 --> 49:12.840] Hold on. [49:12.840 --> 49:13.840] I'll read that. [49:13.840 --> 49:14.840] Hold on. [49:14.840 --> 49:15.840] Okay. [49:15.840 --> 49:18.840] You're breaking one of our cardinal rules. [49:18.840 --> 49:19.840] All right. [49:19.840 --> 49:22.840] You're going to the merits. [49:22.840 --> 49:23.840] Let's back up. [49:23.840 --> 49:24.840] All right. [49:24.840 --> 49:29.840] How does this officer get authority? [49:29.840 --> 49:34.840] How does the court get subject matter jurisdiction? [49:34.840 --> 49:41.840] Almost always in these lower courts, when you go to the merits, they will just roll right over you, [49:41.840 --> 49:47.840] because you get into a position where the judge has a certain amount of discretion. [49:47.840 --> 49:53.840] He can decide who he wants to believe and who he doesn't, and he'll always be the officer. [49:53.840 --> 50:01.840] If we can get at the procedure, the most likely place, that will be the most likely place to beat him. [50:01.840 --> 50:02.840] So let's back up. [50:02.840 --> 50:04.840] How did you get to where you're at? [50:04.840 --> 50:05.840] Okay. [50:05.840 --> 50:13.840] Well, the officer came out to my apartment for a noise complaint. [50:13.840 --> 50:15.840] I was playing my music. [50:15.840 --> 50:24.840] I had walked out on the front porch, and a neighbor had walked by, and he walked up. [50:24.840 --> 50:29.840] We had walked into the kitchen and had popped a beer, and we were drinking a beer, talking together. [50:29.840 --> 50:34.840] The next thing I noticed, there were flashlights in my living room. [50:34.840 --> 50:39.840] I walked out there, and there were two police officers standing in my living room in my apartment. [50:39.840 --> 50:40.840] Whoa. [50:40.840 --> 50:41.840] Okay. [50:41.840 --> 50:42.840] Hold on. [50:42.840 --> 50:43.840] Hold on. [50:43.840 --> 50:46.840] There were two policemen standing in your living room? [50:46.840 --> 50:47.840] Yeah. [50:47.840 --> 50:51.840] Was your front door open? [50:51.840 --> 50:54.840] I might have left a crack. [50:54.840 --> 50:57.840] As far as I know, it was not open. [50:57.840 --> 51:05.840] Was your front door standing completely open so they could walk through the door and never touch the door itself? [51:05.840 --> 51:08.840] I don't think so. [51:08.840 --> 51:09.840] Okay. [51:09.840 --> 51:12.840] How did they get in your apartment then? [51:12.840 --> 51:13.840] They didn't want to be in it. [51:13.840 --> 51:15.840] Did they have a warrant? [51:15.840 --> 51:17.840] No, they did not have a warrant. [51:17.840 --> 51:20.840] They had a noise complaint. [51:20.840 --> 51:21.840] Okay. [51:21.840 --> 51:24.840] But that doesn't give them the right to walk into your apartment. [51:24.840 --> 51:29.840] By any chance, do you happen to know what the general statute section is they're charging you under? [51:29.840 --> 51:33.840] Yeah, he's 14-223-GS. [51:33.840 --> 51:34.840] Right. [51:34.840 --> 51:36.840] That's right. [51:36.840 --> 51:42.840] Let me go. [51:42.840 --> 51:44.840] She asked me and the other guy to identify herself. [51:44.840 --> 51:46.840] Who the owner of the apartment was. [51:46.840 --> 51:48.840] I identified myself. [51:48.840 --> 51:50.840] She asked me for my ID. [51:50.840 --> 51:54.840] I said, look, you guys came out here for a noise complaint. [51:54.840 --> 51:56.840] I turned down my music. [51:56.840 --> 51:57.840] Why can't you just go ahead? [51:57.840 --> 52:03.840] She got irritated at me and said, look, if you don't show me your ID, I'm going to take you downtown. [52:03.840 --> 52:04.840] Okay. [52:04.840 --> 52:06.840] Hold on, stop right here. [52:06.840 --> 52:10.840] In Texas, I'm not sure how it is in North Carolina. [52:10.840 --> 52:11.840] Fine. [52:11.840 --> 52:20.840] A police officer can ask you to identify yourself if he has reasonable probable cause to believe you've committed a crime. [52:20.840 --> 52:22.840] Fine. [52:22.840 --> 52:29.840] Once you identified yourself, did you give the officer your accurate name? [52:29.840 --> 52:30.840] Yes, I did. [52:30.840 --> 52:34.840] Okay. [52:34.840 --> 52:36.840] Maybe I jumped too quick. [52:36.840 --> 52:47.840] Is your refusal to give them physical, to release your papers the subject of the claim? [52:47.840 --> 52:48.840] Okay. [52:48.840 --> 52:53.840] Well, what happened was after she got irritated, I said, okay, I'll give you my ID. [52:53.840 --> 52:55.840] She followed me upstairs to my bedroom. [52:55.840 --> 53:00.840] I pulled my wallet out of the drawer and gave her my driver's license. [53:00.840 --> 53:02.840] She followed you upstairs? [53:02.840 --> 53:03.840] Yes, she followed me upstairs. [53:03.840 --> 53:08.840] Did you say anything like, ma'am, you don't need to follow me up my bedroom stairs. [53:08.840 --> 53:12.840] I will get my ID and bring it back to you? [53:12.840 --> 53:13.840] No, I didn't. [53:13.840 --> 53:15.840] Well, I'm going to tell you why they do that. [53:15.840 --> 53:21.840] This is the problem when you just can't let the police in your house at all. [53:21.840 --> 53:24.840] You've got to keep your doors locked all the time. [53:24.840 --> 53:28.840] The problem is if the police are in the house, that's the real issue you need to address. [53:28.840 --> 53:34.840] Yeah, once the camel's nose is under the tent, you're a goner. [53:34.840 --> 53:35.840] What are they doing in there? [53:35.840 --> 53:36.840] I know. [53:36.840 --> 53:40.840] I asked them to step outside the house after they got my ID. [53:40.840 --> 53:44.840] That irritated them even more. [53:44.840 --> 53:45.840] Okay, wait, wait, wait. [53:45.840 --> 53:46.840] Okay. [53:46.840 --> 53:50.840] You gave the officer your ID and then you asked them to leave your apartment. [53:50.840 --> 53:55.840] Yeah, I asked them to step outside my apartment and I would talk to them outside on the porch. [53:55.840 --> 53:58.840] And they complied with that. [53:58.840 --> 54:00.840] Good. [54:00.840 --> 54:05.840] But they already committed criminal trespass by entering it without your permission. [54:05.840 --> 54:07.840] Yes, that's what I would say. [54:07.840 --> 54:20.840] Okay, they can enter your personal abode without a warrant if they are in pursuit of a felon. [54:20.840 --> 54:29.840] They can't enter your private abode if they were in pursuit of a misdemeanor suspect. [54:29.840 --> 54:33.840] But if they're in hot pursuit of anyone, they can. [54:33.840 --> 54:39.840] But if they are after someone and they think that person entered your abode, [54:39.840 --> 54:47.840] but they didn't personally see them enter the abode, that person has to have committed a felony. [54:47.840 --> 54:56.840] And if they feel that they've entered the abode and they have to enter in order to keep the person from escaping, they can. [54:56.840 --> 55:01.840] But noise is not a felony. [55:01.840 --> 55:06.840] So they have no authority to enter the property without a warrant. [55:06.840 --> 55:09.840] And I was never charged with noise. [55:09.840 --> 55:11.840] What are they charging you with? [55:11.840 --> 55:14.840] They're charging me with resisting a public officer. [55:14.840 --> 55:16.840] How did you resist the public officer? [55:16.840 --> 55:19.840] Yeah, how did you resist him? You gave him the ID. [55:19.840 --> 55:22.840] Okay, well let me continue with my story then. [55:22.840 --> 55:29.840] Okay, so me and my friend were standing on the front porch, which seemed like forever. [55:29.840 --> 55:37.840] But anyway, while we were waiting and talking to one of the lady officers, the other officer was out of the car. [55:37.840 --> 55:42.840] Anyway, two other officers joined and caught up on the front porch. [55:42.840 --> 55:44.840] They were two male officers. [55:44.840 --> 55:49.840] And they just joined in our conversation and we were all sitting there talking pleasantly. [55:49.840 --> 55:54.840] And then the officer from the call, the female officer from caught up on the porch, [55:54.840 --> 55:59.840] and three of the officers grabbed me and said, you're under arrest. [55:59.840 --> 56:01.840] They started dragging me off. [56:01.840 --> 56:04.840] And I said, what the hell is going on? You guys are hurting me. [56:04.840 --> 56:07.840] Stop, stop, you're hurting me, you're hurting me, you're hurting me. [56:07.840 --> 56:12.840] And then I started starting to yell, assault, assault, assault, you're assaulting me, stop. [56:12.840 --> 56:15.840] And the way they grabbed me, they were hurting my arm. [56:15.840 --> 56:18.840] And they put, they slammed the handcuffs on me. [56:18.840 --> 56:20.840] They were dragging me to the car. [56:20.840 --> 56:26.840] And they were going to try to push me into the backseat of this small little car or backseat. [56:26.840 --> 56:32.840] And the way they had my wrist twisted into the handcuffs, [56:32.840 --> 56:40.840] and if they threw me in the backseat with my arm the way it was, I knew I was going to be injured bad. [56:40.840 --> 56:43.840] And I wouldn't let them put me in the backseat of the car. [56:43.840 --> 56:48.840] I spread my legs out and I said, you guys are killing my arm, stop, let me. [56:48.840 --> 56:50.840] I'm getting emotional here. [56:50.840 --> 56:53.840] Stop, let me straighten out my arm, I'll get in the backseat. [56:53.840 --> 56:56.840] I kept repeating that over and over. [56:56.840 --> 56:57.840] You guys are hurting me. [56:57.840 --> 57:02.840] Stop and straighten out my arm, I'll get in the backseat of the car. [57:02.840 --> 57:09.840] So she charged me with refusing ID and resisting getting placed into a patrol car. [57:09.840 --> 57:10.840] Okay. [57:10.840 --> 57:15.840] Well, why did they start to arrest you in the first place? [57:15.840 --> 57:17.840] What was the charge? [57:17.840 --> 57:18.840] Okay. [57:18.840 --> 57:26.840] So this is the thing, is that they came up with this, they said, all right, I did not, [57:26.840 --> 57:28.840] they didn't tell me anything. [57:28.840 --> 57:34.840] I was put in front of the magistrate and I was given two pieces of paper [57:34.840 --> 57:36.840] and I was never given the... [57:36.840 --> 57:37.840] No, wait, wait, wait, wait. [57:37.840 --> 57:38.840] That's not what I'm asking. [57:38.840 --> 57:39.840] You're dancing around. [57:39.840 --> 57:43.840] I'm asking why did they start to arrest you in the first place? [57:43.840 --> 57:46.840] Because it doesn't make any sense that they would arrest you. [57:46.840 --> 57:49.840] And then after they've tried to arrest you and put you in the car, [57:49.840 --> 57:53.840] then they say, oh, you're resisting arrest, that's why we arrested you. [57:53.840 --> 57:57.840] But there was a reason that they started to arrest you [57:57.840 --> 58:01.840] before they even got you downstairs to the car. [58:01.840 --> 58:03.840] This is the point I'm trying to get to. [58:03.840 --> 58:04.840] I'm sorry. [58:04.840 --> 58:05.840] Kind of a long story. [58:05.840 --> 58:06.840] Okay, it's taking way too long. [58:06.840 --> 58:07.840] That's the problem. [58:07.840 --> 58:09.840] Okay, I will be done. [58:09.840 --> 58:11.840] Hold on, hold on, hold on. [58:11.840 --> 58:13.840] Hold on, we're about to go to break. [58:13.840 --> 58:16.840] I mean, were they arresting you because you didn't show your ID [58:16.840 --> 58:19.840] right off the bat the first time? [58:19.840 --> 58:24.840] No, they came up with this charge from 2005 [58:24.840 --> 58:27.840] of a careless and reckless driving. [58:27.840 --> 58:29.840] Okay, so there was a warrant or something. [58:29.840 --> 58:30.840] Okay, okay. [58:30.840 --> 58:33.840] The whole thing was that I went down town and... [58:33.840 --> 58:34.840] Okay, hold on, hold on. [58:34.840 --> 58:35.840] Yeah, hold on, hold on, hold on. [58:35.840 --> 58:36.840] We're going to break. [58:36.840 --> 58:37.840] We're going to break. [58:37.840 --> 58:39.840] We do have other callers on the line, [58:39.840 --> 58:43.840] so we need to try to wrap this up as quickly as possible on the other side. [58:43.840 --> 58:45.840] All right, this is the rule of law. [58:45.840 --> 58:51.840] We've got one hour left on our Friday 4-hour info marathon. [58:51.840 --> 58:53.840] We'll be right back up at the top of the hour news. [58:53.840 --> 58:55.840] INN World Report. [58:59.840 --> 59:03.840] The Bible remains the most popular book in the world, [59:03.840 --> 59:07.840] yet countless readers are frustrated because they struggle to understand it. [59:07.840 --> 59:11.840] Some new translations try to help by simplifying the text, [59:11.840 --> 59:16.840] but in the process can compromise the profound meaning of the Scripture. [59:16.840 --> 59:18.840] Enter the recovery version. [59:18.840 --> 59:22.840] First, this new translation is extremely faithful and accurate, [59:22.840 --> 59:27.840] but the real story is the more than 9,000 explanatory footnotes. [59:27.840 --> 59:31.840] Difficult and profound passages are opened up in a marvelous way, [59:31.840 --> 59:34.840] providing an entrance into the riches of the Word [59:34.840 --> 59:37.840] beyond what you've ever experienced before. [59:37.840 --> 59:42.840] Bibles for America would like to give you a free recovery version simply for the asking. [59:42.840 --> 59:52.840] This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102 [59:52.840 --> 59:56.840] or by ordering online at freestudybible.com. [59:56.840 --> 59:59.840] That's freestudybible.com. [59:59.840 --> 01:00:03.840] This news brief brought to you by The International News. [01:00:03.840 --> 01:00:08.840] The mercenary company formerly known as Blackwater told a federal judge Thursday [01:00:08.840 --> 01:00:12.840] the US government, not the company itself, should be held accountable [01:00:12.840 --> 01:00:18.840] for a 2007 shooting by its contractors that killed 17 Iraqis in Baghdad. [01:00:18.840 --> 01:00:23.840] Lawyers for the company, now called Zee Services, argued Blackwater contractors [01:00:23.840 --> 01:00:27.840] were acting as US government employees because they were providing security [01:00:27.840 --> 01:00:30.840] to State Department personnel. [01:00:30.840 --> 01:00:35.840] Georgia prisoners left their cells Friday as the largest prison work strike in US history [01:00:35.840 --> 01:00:37.840] entered a new phase. [01:00:37.840 --> 01:00:41.840] Prisoners used text messages to organize the strike across 10 prisons, [01:00:41.840 --> 01:00:45.840] demanding wages and citing the 13th Amendment, which prohibits slavery. [01:00:45.840 --> 01:00:49.840] Prison officials responded by turning off the hot water, transferring prisoners [01:00:49.840 --> 01:00:54.840] they believed to be strike leaders and confiscating cell phones. [01:00:54.840 --> 01:00:57.840] According to a recent ABC Washington Post poll, [01:00:57.840 --> 01:01:01.840] the US's most popular Republican, Sarah Palin, has little chance [01:01:01.840 --> 01:01:05.840] of defeating Barack Obama in 2012. [01:01:05.840 --> 01:01:09.840] Six in ten Americans rejected the idea of voting for Palin. [01:01:09.840 --> 01:01:14.840] A November Gallup poll found Palin was by far the most popular potential Republican candidate [01:01:14.840 --> 01:01:20.840] for 2012, with 67% of Republicans saying they'd vote for her. [01:01:20.840 --> 01:01:25.840] The New York Times reported Friday the mercenary firm formerly known as Blackwater [01:01:25.840 --> 01:01:28.840] is being sold for $200 million. [01:01:28.840 --> 01:01:32.840] The contractor, now called Zee Services, has been under fire since its guards [01:01:32.840 --> 01:01:36.840] were accused of killing 17 civilians in Baghdad in 2007. [01:01:36.840 --> 01:01:41.840] The company, its executives and personnel have faced civil lawsuits, criminal charges [01:01:41.840 --> 01:01:44.840] and congressional investigations of murder and bribery. [01:01:44.840 --> 01:01:48.840] Five former executives were indicted on federal weapon charges in April. [01:01:48.840 --> 01:01:51.840] The State Department has threatened to withhold contracts [01:01:51.840 --> 01:01:55.840] as long as the company's founder, Eric Prince, owns the firm. [01:01:55.840 --> 01:01:58.840] Prince was expected to quit a management role, but he will maintain [01:01:58.840 --> 01:02:01.840] a financial interest in the company's future. [01:02:01.840 --> 01:02:05.840] Prince faces civil lawsuits brought by Iraq victims killed and wounded [01:02:05.840 --> 01:02:08.840] by Blackwater personnel in Baghdad and elsewhere. [01:02:08.840 --> 01:02:12.840] He recently moved to the United Arab Emirates, likely in order to avoid [01:02:12.840 --> 01:02:16.840] extradition on criminal charges should they be filed. [01:02:16.840 --> 01:02:21.840] A Guantanamo inmate and alleged lieutenant of Osama bin Laden, who says he was [01:02:21.840 --> 01:02:26.840] held and tortured at a secret US facility in Poland, has filed a lawsuit [01:02:26.840 --> 01:02:28.840] seeking a formal probe. [01:02:28.840 --> 01:02:31.840] Polish attorney Bartolomew Jankowski said, [01:02:31.840 --> 01:02:35.840] Documents in our possession show he was transferred to Poland, [01:02:35.840 --> 01:02:41.840] kept in detention and on Polish territory, subjected to enhanced interrogation techniques. [01:02:41.840 --> 01:02:46.840] Jankowski said he wanted the case of his client, Abu Zubayda, to be folded [01:02:46.840 --> 01:02:51.840] into an existing Polish probe of claims that another suspected senior al-Qaeda [01:02:51.840 --> 01:03:15.840] member was tortured at a purported black site in Poland. [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:23.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:21.840 --> 01:03:22.840] . [01:03:24.840 --> 01:03:25.840] . [01:03:24.840 --> 01:03:25.840] . [01:03:25.840 --> 01:03:25.840] Yeah [01:03:25.840 --> 01:03:26.840] . [01:03:28.840 --> 01:03:30.840] Story for everyone to hear [01:03:30.840 --> 01:03:33.840] that I'm not gonna give in to the spirit of time [01:03:33.840 --> 01:03:36.840] Yeah, my story [01:03:36.840 --> 01:03:37.840] . [01:03:37.840 --> 01:03:38.840] My story [01:03:40.840 --> 01:03:42.840] . [01:03:42.840 --> 01:03:45.840] I will lie and lie my flaws about [01:03:45.840 --> 01:03:46.840] . [01:03:46.840 --> 01:03:47.840] I will [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:46.840 --> 01:03:47.840] . [01:03:47.840 --> 01:04:01.720] Okay, folks, we are back, we're taking your calls. [01:04:01.720 --> 01:04:06.520] All right, listen, Gary, we need to try to move quickly here because we've given you [01:04:06.520 --> 01:04:07.520] a whole segment. [01:04:07.520 --> 01:04:10.360] We try to keep it one segment per call. [01:04:10.360 --> 01:04:16.520] And it sounds like Randy, Nye, and Eddie were discussing this on the break. [01:04:16.520 --> 01:04:24.800] And the police have the authority to ask for your identity if they have some reasonable [01:04:24.800 --> 01:04:29.720] probable cause to believe that there has been some kind of law that's been broken. [01:04:29.720 --> 01:04:33.960] And they were responding to a noise complaint, so they did have the authority to ask for [01:04:33.960 --> 01:04:34.960] your ID. [01:04:34.960 --> 01:04:41.040] They ran your ID, and it turned out that there was some kind of warrant, is what I am hearing. [01:04:41.040 --> 01:04:45.960] And they were trying to arrest you on that warrant, and then they charged you with resisting [01:04:45.960 --> 01:04:48.320] an officer because you were resisting arrest. [01:04:48.320 --> 01:04:51.640] That's the story that I'm understanding here. [01:04:51.640 --> 01:04:52.640] Is that correct? [01:04:52.640 --> 01:04:53.640] That's right. [01:04:53.640 --> 01:04:59.680] Let me just make one other point, is that I went down, found out about this warrant, [01:04:59.680 --> 01:05:05.680] and there is no original paperwork associated with this warrant that they arrested me on. [01:05:05.680 --> 01:05:09.840] And there was just a copy of the warrant, and the clerk of court could not provide me [01:05:09.840 --> 01:05:11.840] a copy of the original paperwork. [01:05:11.840 --> 01:05:13.400] Okay, hold on, hold on. [01:05:13.400 --> 01:05:20.720] Was the warrant issued in the jurisdiction where you were arrested? [01:05:20.720 --> 01:05:21.720] You mean in the same county? [01:05:21.720 --> 01:05:22.720] Yes. [01:05:22.720 --> 01:05:25.720] Yes, yes, it is in the same county. [01:05:25.720 --> 01:05:31.520] Okay, then it's almost certainly going to be a requirement that the magistrate who issues [01:05:31.520 --> 01:05:39.200] the warrant makes the warrant available for public inspection immediately after arrest, [01:05:39.200 --> 01:05:41.120] so that should have been available. [01:05:41.120 --> 01:05:43.560] But those are separate issues. [01:05:43.560 --> 01:05:52.760] Now, you know, we're here about ensuring that the police abide by law, but we're not anti-police. [01:05:52.760 --> 01:05:55.360] We're not anti-law. [01:05:55.360 --> 01:06:02.360] When the police ran your name and found a warrant, they had no option. [01:06:02.360 --> 01:06:04.280] They were required to arrest you. [01:06:04.280 --> 01:06:09.760] Now, they didn't have any authority to enter your property and come into your living room, [01:06:09.760 --> 01:06:15.320] but they did have authority to ask who you are and ask for you to identify yourself because [01:06:15.320 --> 01:06:18.320] they were responding to a complaint. [01:06:18.320 --> 01:06:22.040] Okay, so that's fine. [01:06:22.040 --> 01:06:31.760] The thing with me is that this is a warrant from 2005 that I know nothing about, I mean. [01:06:31.760 --> 01:06:34.760] Okay, okay, okay, I understand. [01:06:34.760 --> 01:06:38.760] Sometimes these are difficult, and we don't want to be unreasonable. [01:06:38.760 --> 01:06:45.120] We want your police to have some latitude to be able to do their job. [01:06:45.120 --> 01:06:50.320] Now, if they used unreasonable force, that's... [01:06:50.320 --> 01:06:52.720] I've had a police brutality complaint. [01:06:52.720 --> 01:06:55.240] Okay, that's certainly a complaint that you can make. [01:06:55.240 --> 01:06:57.040] There might be another one. [01:06:57.040 --> 01:07:00.520] Yeah, but I did verbally over the phone, and I didn't do it... [01:07:00.520 --> 01:07:03.280] No, that doesn't mean anything if you do it verbally, it doesn't... [01:07:03.280 --> 01:07:07.040] Yeah, I got a response back from them. [01:07:07.040 --> 01:07:07.920] That's typically... [01:07:07.920 --> 01:07:08.920] Okay, that's typical. [01:07:08.920 --> 01:07:09.920] You have to do everything in paper. [01:07:09.920 --> 01:07:11.920] If it's not in paper, it doesn't matter. [01:07:11.920 --> 01:07:12.920] Okay. [01:07:12.920 --> 01:07:15.920] But in the... in order to be... [01:07:15.920 --> 01:07:25.920] I've filed an appeal, and I'm in discussion with the city manager at this time with my [01:07:25.920 --> 01:07:30.920] appeal, and he is waiting for a written complaint, so I'm going to put together a written complaint. [01:07:30.920 --> 01:07:34.920] A written complaint, but okay, let me caution you. [01:07:34.920 --> 01:07:39.920] Okay. Make sure you make your complaint on the right issue. [01:07:39.920 --> 01:07:40.920] Okay. [01:07:40.920 --> 01:07:41.920] If you claim the wrong issue... [01:07:41.920 --> 01:07:42.920] That's my problem. [01:07:42.920 --> 01:07:45.920] Yeah, if you claim the wrong issue, they'll just throw it out. [01:07:45.920 --> 01:07:46.920] All right. [01:07:46.920 --> 01:07:54.920] You can claim that they committed criminal trespass in entering your property without [01:07:54.920 --> 01:07:55.920] a warrant. [01:07:55.920 --> 01:07:56.920] Mm-hmm. [01:07:56.920 --> 01:08:05.920] Policemen are authorized to display deadly weapons, but along with that authority comes [01:08:05.920 --> 01:08:08.920] a very serious responsibility. [01:08:08.920 --> 01:08:16.920] My home is my castle, and you better not come in my castle with a loaded weapon. [01:08:16.920 --> 01:08:19.920] That is a really, really big deal. [01:08:19.920 --> 01:08:20.920] Okay. [01:08:20.920 --> 01:08:21.920] That part's a big deal. [01:08:21.920 --> 01:08:26.920] They're going to want to make it not a big deal, but that does not go to the issue of [01:08:26.920 --> 01:08:28.920] arrest. [01:08:28.920 --> 01:08:36.920] Once the police officer has knowledge that there is a warrant for your arrest, the officer [01:08:36.920 --> 01:08:37.920] has no option. [01:08:37.920 --> 01:08:44.920] He must arrest, and you have two apparent female officers that responded to the noise [01:08:44.920 --> 01:08:51.920] complaint, and then you had two male officers that showed up, and those male officers didn't [01:08:51.920 --> 01:08:57.920] enter your property illegally, so you have no claim against them. [01:08:57.920 --> 01:08:58.920] Right. [01:08:58.920 --> 01:09:04.920] Once they became aware that a warrant had been issued, they had a duty to arrest, and [01:09:04.920 --> 01:09:10.920] they had no discretion in that matter, so you don't have a claim against them. [01:09:10.920 --> 01:09:11.920] Right. [01:09:11.920 --> 01:09:16.920] The only claim you may have is excessive force. [01:09:16.920 --> 01:09:17.920] Yeah, right. [01:09:17.920 --> 01:09:20.920] That was the point I was making. [01:09:20.920 --> 01:09:21.920] Okay. [01:09:21.920 --> 01:09:28.920] I'm trying to be careful here to make sure that we make the right accusation. [01:09:28.920 --> 01:09:32.920] If you make the wrong accusation, they just blow it out on you. [01:09:32.920 --> 01:09:33.920] Right. [01:09:33.920 --> 01:09:38.920] You don't claim that they didn't have authority to make the arrest, but they used excessive [01:09:38.920 --> 01:09:42.920] force in doing so and subjected you to punishment. [01:09:42.920 --> 01:09:44.920] Let me ask you this. [01:09:44.920 --> 01:09:48.920] Doesn't the original paperwork have to be there for the warrant to be valid? [01:09:48.920 --> 01:09:49.920] No. [01:09:49.920 --> 01:09:50.920] No. [01:09:50.920 --> 01:09:53.920] All they have to do is have knowledge that a warrant exists. [01:09:53.920 --> 01:10:00.920] I'm talking about if I go in front of a judge, doesn't the court have to provide me with [01:10:00.920 --> 01:10:01.920] the original warrant? [01:10:01.920 --> 01:10:06.920] Anybody can make up a copy if they don't have the original paperwork. [01:10:06.920 --> 01:10:08.920] I mean, from my research... [01:10:08.920 --> 01:10:09.920] Okay, wait. [01:10:09.920 --> 01:10:10.920] We need to back up a little bit. [01:10:10.920 --> 01:10:11.920] All right. [01:10:11.920 --> 01:10:12.920] I'm sorry. [01:10:12.920 --> 01:10:16.920] They arrested you and they brought you before a magistrate. [01:10:16.920 --> 01:10:17.920] Right. [01:10:17.920 --> 01:10:23.920] You're wanting to make sure that the magistrate has the original warrant. [01:10:23.920 --> 01:10:25.920] He does not have to have the original. [01:10:25.920 --> 01:10:27.920] He can have a copy. [01:10:27.920 --> 01:10:28.920] Okay. [01:10:28.920 --> 01:10:29.920] Cool. [01:10:29.920 --> 01:10:35.920] I mean, but to press charges and to take it to the court, don't they have to have the [01:10:35.920 --> 01:10:36.920] original paperwork? [01:10:36.920 --> 01:10:37.920] Yes. [01:10:37.920 --> 01:10:44.920] The magistrate who issued the warrant, at least here in Texas, must immediately after [01:10:44.920 --> 01:10:50.920] execution of the warrant, make the warrant available for public inspection. [01:10:50.920 --> 01:10:51.920] Now, not... [01:10:51.920 --> 01:10:52.920] Okay. [01:10:52.920 --> 01:10:55.920] Got a copy, but the original. [01:10:55.920 --> 01:10:56.920] Yes. [01:10:56.920 --> 01:10:57.920] Okay. [01:10:57.920 --> 01:11:01.920] That is the magistrate who issued the warrant. [01:11:01.920 --> 01:11:09.920] Now, if you're arrested in a different jurisdiction, he can't have the original because the magistrate [01:11:09.920 --> 01:11:10.920] who issued it has the original. [01:11:10.920 --> 01:11:12.920] He said this was the same jurisdiction, right? [01:11:12.920 --> 01:11:13.920] Okay. [01:11:13.920 --> 01:11:16.920] Then they should make the original available for public inspection. [01:11:16.920 --> 01:11:17.920] And where would this be located? [01:11:17.920 --> 01:11:19.920] At the county court? [01:11:19.920 --> 01:11:22.920] Whoever the magistrate was who issued the warrant. [01:11:22.920 --> 01:11:23.920] Well, I went down... [01:11:23.920 --> 01:11:28.920] I mean, I went down to the clerk of courts, I mean, and my understanding, the clerk of [01:11:28.920 --> 01:11:31.920] courts, everything, I mean, I was told... [01:11:31.920 --> 01:11:32.920] Wait. [01:11:32.920 --> 01:11:33.920] Okay. [01:11:33.920 --> 01:11:34.920] Hold on. [01:11:34.920 --> 01:11:35.920] Who issued the warrant? [01:11:35.920 --> 01:11:43.920] Was it a magistrate, was it a justice of the peace, or was it a county judge? [01:11:43.920 --> 01:11:46.920] Hold on a second. [01:11:46.920 --> 01:11:47.920] Okay. [01:11:47.920 --> 01:11:51.920] If you're going to the clerk of the courts in North Carolina, that's going to be a county [01:11:51.920 --> 01:11:52.920] court. [01:11:52.920 --> 01:12:03.920] Let's see, the name... it looks to me the warrant is a magistrate, yes. [01:12:03.920 --> 01:12:04.920] Okay. [01:12:04.920 --> 01:12:08.920] Then the magistrate is the one that has to make it available for inspection. [01:12:08.920 --> 01:12:11.920] That warrant is in the possession of that magistrate. [01:12:11.920 --> 01:12:16.920] You were required to be brought before that magistrate. [01:12:16.920 --> 01:12:18.920] Were you brought before that magistrate? [01:12:18.920 --> 01:12:19.920] No. [01:12:19.920 --> 01:12:20.920] Absolutely not. [01:12:20.920 --> 01:12:22.920] I was brought before a different magistrate. [01:12:22.920 --> 01:12:23.920] Okay. [01:12:23.920 --> 01:12:29.920] The warrant says you're to arrest this person and bring him before me. [01:12:29.920 --> 01:12:30.920] Okay. [01:12:30.920 --> 01:12:32.920] That's an accusation you can make. [01:12:32.920 --> 01:12:33.920] Okay. [01:12:33.920 --> 01:12:40.920] But if you were brought before a magistrate, they will have grounds to mitigate that by [01:12:40.920 --> 01:12:46.920] saying that this particular magistrate wasn't available at the time, and this other magistrate [01:12:46.920 --> 01:12:51.920] was available, and we were required to bring you before a magistrate without unreasonable [01:12:51.920 --> 01:12:54.920] delay, so we had to bring you before this other one. [01:12:54.920 --> 01:12:55.920] Right. [01:12:55.920 --> 01:12:58.920] That's probably an argument you won't win. [01:12:58.920 --> 01:13:01.920] Right. [01:13:01.920 --> 01:13:06.920] The only issue here is excessive force. [01:13:06.920 --> 01:13:07.920] They had the right to arrest. [01:13:07.920 --> 01:13:09.920] They had a duty to arrest. [01:13:09.920 --> 01:13:10.920] Okay. [01:13:10.920 --> 01:13:17.920] One of the questions to me is, as a private citizen, how am I supposed to know that I'm [01:13:17.920 --> 01:13:19.920] resisting a public officer? [01:13:19.920 --> 01:13:20.920] Okay. [01:13:20.920 --> 01:13:22.920] I was never given any warning. [01:13:22.920 --> 01:13:27.920] No one told me, look, if you don't comply with us, we're going to charge you. [01:13:27.920 --> 01:13:30.920] How am I supposed to know in my actions? [01:13:30.920 --> 01:13:35.920] I'm trying to defend my safety, my liberty. [01:13:35.920 --> 01:13:38.920] This is an issue for a jury. [01:13:38.920 --> 01:13:40.920] Okay. [01:13:40.920 --> 01:13:46.920] If the jury says, you know, if you didn't try to kick them, you didn't try to punch [01:13:46.920 --> 01:13:47.920] one of them. [01:13:47.920 --> 01:13:48.920] Oh, man. [01:13:48.920 --> 01:13:49.920] I didn't do it. [01:13:49.920 --> 01:13:51.920] I was very polite to them all. [01:13:51.920 --> 01:13:54.920] This is an issue for a jury to decide. [01:13:54.920 --> 01:13:58.920] It's not something we can decide as a matter of law. [01:13:58.920 --> 01:13:59.920] Right. [01:13:59.920 --> 01:14:00.920] Okay. [01:14:00.920 --> 01:14:01.920] Well, I get my call here. [01:14:01.920 --> 01:14:06.920] I get my call with you, then, is whatever needs... [01:14:06.920 --> 01:14:10.920] I know that there's some procedure thing that probably didn't follow it, so do you... [01:14:10.920 --> 01:14:11.920] All right. [01:14:11.920 --> 01:14:13.920] Let me ask you this. [01:14:13.920 --> 01:14:16.920] Are you familiar with Robert Minyard? [01:14:16.920 --> 01:14:17.920] No. [01:14:17.920 --> 01:14:22.920] And we're about to go to breaking in two minutes, and so we need to wrap it up so we can move [01:14:22.920 --> 01:14:23.920] on to more callers. [01:14:23.920 --> 01:14:26.920] Anyway, our statues volunteer. [01:14:26.920 --> 01:14:35.920] I mean, from my research, statues are based on the common law. [01:14:35.920 --> 01:14:36.920] No, they're not. [01:14:36.920 --> 01:14:37.920] Statutes... [01:14:37.920 --> 01:14:38.920] No, they're not. [01:14:38.920 --> 01:14:39.920] No, they're not. [01:14:39.920 --> 01:14:41.920] There's a lot of stuff about common law. [01:14:41.920 --> 01:14:42.920] No, they're not. [01:14:42.920 --> 01:14:43.920] It's common law. [01:14:43.920 --> 01:14:44.920] We're not into common law. [01:14:44.920 --> 01:14:50.920] The entire purpose of a statute is to supersede common law, but there are certain portions [01:14:50.920 --> 01:14:54.920] of common law they cannot supersede by statute. [01:14:54.920 --> 01:15:02.920] Well, that's my understanding is that when I go to court and I put in front of the judge, [01:15:02.920 --> 01:15:07.920] I should have the opportunity for discussion and negotiation. [01:15:07.920 --> 01:15:08.920] And if I... [01:15:08.920 --> 01:15:12.920] No, you're not there for a contract dispute. [01:15:12.920 --> 01:15:17.920] You have the right to know what the charges are against you and the nature of those charges. [01:15:17.920 --> 01:15:18.920] Okay. [01:15:18.920 --> 01:15:23.920] Well, a couple years ago, I filed assault charges against someone. [01:15:23.920 --> 01:15:29.920] When we went to court, we were offered the opportunity to go into discussions and negotiations [01:15:29.920 --> 01:15:36.920] before we went into court, so we might consider our differences before we go into adjudication. [01:15:36.920 --> 01:15:37.920] Okay. [01:15:37.920 --> 01:15:42.920] And my understanding is that the police officer has the more right than any other person bringing [01:15:42.920 --> 01:15:43.920] charges against you. [01:15:43.920 --> 01:15:44.920] That's true. [01:15:44.920 --> 01:15:51.920] And that when a police officer charges you, you should be offered a chance for negotiations [01:15:51.920 --> 01:15:53.920] and discussion before you go to jurisdiction. [01:15:53.920 --> 01:15:59.920] Wait, I've looked through the North Carolina law and I don't find that in there anywhere. [01:15:59.920 --> 01:16:00.920] I don't even understand. [01:16:00.920 --> 01:16:01.920] That doesn't... [01:16:01.920 --> 01:16:02.920] No, no. [01:16:02.920 --> 01:16:03.920] Arbitration. [01:16:03.920 --> 01:16:06.920] That whole negotiation on the arbitration thing makes no sense to me in a criminal case [01:16:06.920 --> 01:16:07.920] anyway. [01:16:07.920 --> 01:16:08.920] This is criminal. [01:16:08.920 --> 01:16:13.920] If they offered arbitration where you have two parties, one making a criminal accusation [01:16:13.920 --> 01:16:14.920] against another... [01:16:14.920 --> 01:16:17.920] Well, that happened to me. [01:16:17.920 --> 01:16:23.920] I went to court and they brought us into a room and they had an arbitrator between us. [01:16:23.920 --> 01:16:24.920] But that doesn't mean... [01:16:24.920 --> 01:16:27.920] And they tried to make a settlement between the two. [01:16:27.920 --> 01:16:35.920] This is something that you can do voluntarily, not something that is codified in the statute. [01:16:35.920 --> 01:16:41.920] And it sounds to me very unusual that something like that would happen in a criminal accusation [01:16:41.920 --> 01:16:42.920] case. [01:16:42.920 --> 01:16:43.920] Listen, Gary, we need to move on. [01:16:43.920 --> 01:16:46.920] We've spent two segments with you and we've got other callers that have been waiting for [01:16:46.920 --> 01:16:47.920] like two hours. [01:16:47.920 --> 01:16:48.920] Okay. [01:16:48.920 --> 01:16:49.920] So we need to move on. [01:16:49.920 --> 01:16:53.920] And I'll close this up quickly on the other side and explain that last part. [01:16:53.920 --> 01:16:54.920] Okay. [01:16:54.920 --> 01:17:01.920] We'll be right back, folks. [01:17:01.920 --> 01:17:06.920] Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies [01:17:06.920 --> 01:17:08.920] in the Austin metro area. [01:17:08.920 --> 01:17:09.920] We also ship worldwide. [01:17:09.920 --> 01:17:14.920] We are a family-owned and operated business that offers competitive prices on your coin [01:17:14.920 --> 01:17:15.920] and metals purchases. [01:17:15.920 --> 01:17:21.920] We buy, sell, trade and consign rare coins, gold and silver coin collections, precious [01:17:21.920 --> 01:17:22.920] metals and scrap gold. [01:17:22.920 --> 01:17:26.920] We will purchase and sell gold and jewelry items as well. [01:17:26.920 --> 01:17:29.920] We offer daily specials on coins and bullion. [01:17:29.920 --> 01:17:33.920] We're located at 5448 Barnett Road, Suite 3. [01:17:33.920 --> 01:17:38.920] And we're open Monday through Friday, 10 a.m. to 6 p.m. Saturdays, 10 a.m. to 5 p.m. [01:17:38.920 --> 01:17:45.920] You are welcome to stop in our shop during regular business hours or call 512-646-6440 [01:17:45.920 --> 01:17:47.920] with any questions. [01:17:47.920 --> 01:17:52.920] Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM. [01:17:52.920 --> 01:17:59.920] That's Capital Coin and Bullion, 512-646-6440. [01:17:59.920 --> 01:18:04.920] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't [01:18:04.920 --> 01:18:08.920] so easy, and neither is finding like-minded people to share it with. [01:18:08.920 --> 01:18:11.920] Oh, well, I guess you haven't heard of Brave New Books then. [01:18:11.920 --> 01:18:12.920] Brave New Books? [01:18:12.920 --> 01:18:13.920] Yes. [01:18:13.920 --> 01:18:17.920] Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, [01:18:17.920 --> 01:18:19.920] Ron Paul and G. Edward Griffin. [01:18:19.920 --> 01:18:23.920] They even stock inner food, Berkey products and Calvin Soaps. [01:18:23.920 --> 01:18:25.920] There's no way a place like that exists. [01:18:25.920 --> 01:18:27.920] Go check it out for yourself. [01:18:27.920 --> 01:18:31.920] It's downtown at 1904 Guadalupe Street, just south of UT. [01:18:31.920 --> 01:18:35.920] Oh, by UT, there's never anywhere to park down there. [01:18:35.920 --> 01:18:40.920] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking [01:18:40.920 --> 01:18:43.920] facility just behind the bookstore. [01:18:43.920 --> 01:18:46.920] It does exist, but when are they open? [01:18:46.920 --> 01:18:51.920] Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays. [01:18:51.920 --> 01:19:01.920] Give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com. [01:19:01.920 --> 01:19:12.920] Oh, come on. [01:19:12.920 --> 01:19:13.920] All right, folks. [01:19:13.920 --> 01:19:15.920] We're continuing to take your calls. [01:19:15.920 --> 01:19:19.920] Randy, you had a couple of sentences you wanted to say. [01:19:19.920 --> 01:19:21.920] Let's wrap this up and then we really need to move on. [01:19:21.920 --> 01:19:22.920] Yeah, we need to move on. [01:19:22.920 --> 01:19:25.920] When you have two people who are PO to each other, [01:19:25.920 --> 01:19:28.920] and they're making criminal accusations at each other, [01:19:28.920 --> 01:19:30.920] it's not unreasonable for the police to say, [01:19:30.920 --> 01:19:35.920] come on, guys, let's see if we can sort this out without making a federal case out of it. [01:19:35.920 --> 01:19:39.920] Come on, let's talk to each other and see if we can sort this out. [01:19:39.920 --> 01:19:41.920] That's not unreasonable. [01:19:41.920 --> 01:19:44.920] A policeman, on the other hand, when he observes a criminal, [01:19:44.920 --> 01:19:50.920] what he believes to be a crime, he has a specific statutory duty to act, [01:19:50.920 --> 01:19:53.920] and that invokes a different set of rules. [01:19:53.920 --> 01:19:59.920] So for the police or the prosecutors to say, come on, guys, let's see if we can sort this out, [01:19:59.920 --> 01:20:01.920] it's not unreasonable. [01:20:01.920 --> 01:20:04.920] Everything does not have to go before the court. [01:20:04.920 --> 01:20:11.920] If we can find a common ground and make this go away, that is not unreasonable. [01:20:11.920 --> 01:20:16.920] Yeah, but it sounds like that would be a situation where everyone can see that it's just two people [01:20:16.920 --> 01:20:19.920] that are angry at each other, having some sort of a spat, [01:20:19.920 --> 01:20:25.920] because if it's an obvious crime where somebody's been assaulted or raped or mugged or something, [01:20:25.920 --> 01:20:31.920] to me, that whole arbitration sounds to me like intimidation of a victim, [01:20:31.920 --> 01:20:38.920] and I don't think that that is the typical way things go. [01:20:38.920 --> 01:20:40.920] You're absolutely right. [01:20:40.920 --> 01:20:44.920] It's probably just up to the discretion of the people who are dealing with it at the time. [01:20:44.920 --> 01:20:46.920] You've got a prosecutor here who's looking at this and saying, [01:20:46.920 --> 01:20:48.920] well, you've got these two guys who are PO'd at each other. [01:20:48.920 --> 01:20:50.920] There's nothing real definite here. [01:20:50.920 --> 01:20:52.920] These guys are just PO'd. [01:20:52.920 --> 01:20:53.920] Right, right, right. [01:20:53.920 --> 01:20:54.920] If we can make this go away, wonderful. [01:20:54.920 --> 01:20:58.920] But if he looks at it and says, there's a big deal here, there's a real crime here, [01:20:58.920 --> 01:21:00.920] then they're not going to do that kind of stuff. [01:21:00.920 --> 01:21:01.920] Okay, all right, we need to move on. [01:21:01.920 --> 01:21:04.920] We're going now to Rob in Mississippi. [01:21:04.920 --> 01:21:05.920] Rob, thank you for calling in. [01:21:05.920 --> 01:21:07.920] What is on your mind tonight? [01:21:07.920 --> 01:21:10.920] Hey, thanks, y'all, for taking my call, and God bless you for the work you do. [01:21:10.920 --> 01:21:11.920] Give me help. [01:21:11.920 --> 01:21:14.920] We might be able to get our country back. [01:21:14.920 --> 01:21:16.920] It might be too late for me to do anything about this. [01:21:16.920 --> 01:21:23.920] Long story short, I just found out about all of this when Randy was on with Alex Jones a couple months ago. [01:21:23.920 --> 01:21:26.920] I've been looking in to see what I can do, going after everybody in my credit report. [01:21:26.920 --> 01:21:32.920] My house was foreclosed on a year ago in New Mexico. [01:21:32.920 --> 01:21:36.920] I had to move out here to Mississippi at the beginning of 2009. [01:21:36.920 --> 01:21:42.920] They sent me a complaint and summons in July of 2009. [01:21:42.920 --> 01:21:46.920] I'm trying to find out, is there anything I can do about that? [01:21:46.920 --> 01:21:53.920] Does the 13th Judicial Court of New Mexico have a personal jurisdiction over me here in Mississippi? [01:21:53.920 --> 01:22:01.920] The attorney that filed the suit pulled my credit report the day before she filed the summons, [01:22:01.920 --> 01:22:05.920] and I have a letter from her that she just sent me last week. [01:22:05.920 --> 01:22:07.920] She's in my credit report. [01:22:07.920 --> 01:22:11.920] She pulled the credit report on purpose of the summons. [01:22:11.920 --> 01:22:13.920] Who is her? [01:22:13.920 --> 01:22:14.920] I'm sorry? [01:22:14.920 --> 01:22:16.920] Who is her? [01:22:16.920 --> 01:22:20.920] The attorney for the Bank of America. [01:22:20.920 --> 01:22:27.920] If the property is in New Mexico, venue lies where the property lies. [01:22:27.920 --> 01:22:28.920] Okay. [01:22:28.920 --> 01:22:39.920] Yes, but however, fraud, when you discover fraud, that's when the clock starts. [01:22:39.920 --> 01:22:47.920] If you've been foreclosed on and there was fraud in the note, and I can assure you there was, [01:22:47.920 --> 01:22:49.920] let me ask a quick question. [01:22:49.920 --> 01:22:59.920] When you entered into the contract at closing, did the lender produce documentation [01:22:59.920 --> 01:23:07.920] to show that all of the fees listed on the HUD-1 settlement statement were authorized by statute, [01:23:07.920 --> 01:23:17.920] that the services provided were necessary, that the amount charged for those services were reasonable, [01:23:17.920 --> 01:23:25.920] and that the, did you receive a notice of the disbursement to the vendor showing [01:23:25.920 --> 01:23:31.920] that the lender did not take an undisclosed markup on the amounts charged? [01:23:31.920 --> 01:23:35.920] Did you receive that kind of documentation at closing? [01:23:35.920 --> 01:23:37.920] Not that I'm aware of. [01:23:37.920 --> 01:23:44.920] Nobody, therefore, therefore, you have reason to believe that all of the fees charged [01:23:44.920 --> 01:23:49.920] at closing were false, were bogus, were fraudulent. [01:23:49.920 --> 01:23:52.920] So absolutely there's fraud in the note. [01:23:52.920 --> 01:24:01.920] But since when you entered into the contract, you were scrupulous in that you only dealt [01:24:01.920 --> 01:24:03.920] with licensed professionals. [01:24:03.920 --> 01:24:11.920] You exercised due diligence in effort to ensure that there was no fraud in the creation of the note, [01:24:11.920 --> 01:24:19.920] as these licensed professionals were governed and monitored by the state, you had reason to believe [01:24:19.920 --> 01:24:25.920] and good cause to believe that all things were done properly and in accordance with law. [01:24:25.920 --> 01:24:27.920] So you exercised due diligence. [01:24:27.920 --> 01:24:38.920] What you were not aware of is that these public, that these licensed officials [01:24:38.920 --> 01:24:46.920] perpetrated fraudulent concealment in that they gave you, [01:24:46.920 --> 01:24:56.920] damn, lost the word, that they gave you disclosure, that they told you some things about the loan. [01:24:56.920 --> 01:25:02.920] Now had they said nothing, they would have invoked no duty. [01:25:02.920 --> 01:25:10.920] But if they gave you disclosure of anything, they had, they invoked a duty on themselves [01:25:10.920 --> 01:25:12.920] to give you full disclosure. [01:25:12.920 --> 01:25:20.920] They gave you disclosure of the value of the property, of the availability of properties, [01:25:20.920 --> 01:25:27.920] suiting your requirements, if this was a new purchase, of your credit worthiness, [01:25:27.920 --> 01:25:33.920] of the loan products available to you. [01:25:33.920 --> 01:25:40.920] But they failed to give you full disclosure of the fact that the appraisal amount of the property [01:25:40.920 --> 01:25:46.920] was artificially inflated due to the ongoing criminal conspiracy by lenders [01:25:46.920 --> 01:25:53.920] to create a lending bubble, a bubble in the marketplace, [01:25:53.920 --> 01:25:58.920] an artificial increase in the value of properties. [01:25:58.920 --> 01:26:06.920] They failed to disclose to you that you were qualified for a loan product [01:26:06.920 --> 01:26:10.920] that was less expensive than the one that they provided for you, [01:26:10.920 --> 01:26:18.920] that you were qualified for a fixed interest rate instead of a variable interest rate, an arm. [01:26:18.920 --> 01:26:27.920] And they failed to disclose to you defects in the property itself. [01:26:27.920 --> 01:26:35.920] When you are given partial disclosure, that invokes a duty to give full disclosure. [01:26:35.920 --> 01:26:42.920] And in an accusation of fraud, the clock starts. [01:26:42.920 --> 01:26:51.920] Since fraud by its nature is concealed, the statute of limitations begins to toll [01:26:51.920 --> 01:26:54.920] when you discover the fraud. [01:26:54.920 --> 01:27:01.920] So one of the things we provide with remedies in real estate that we do [01:27:01.920 --> 01:27:10.920] to help people with foreclosure issues is you give us the amount on your truth and lending statement, [01:27:10.920 --> 01:27:16.920] the amount on your note, and the amount on the HUD-1 settlement statement, [01:27:16.920 --> 01:27:21.920] and we'll run an analysis on it and determine how much fraud existed. [01:27:21.920 --> 01:27:28.920] When we give you that number on that date, at that time, you discover the fraud. [01:27:28.920 --> 01:27:31.920] That's when the clock starts. [01:27:31.920 --> 01:27:36.920] So it doesn't matter how far in the past it was when the foreclosure [01:27:36.920 --> 01:27:40.920] or when all of these actions occurred. [01:27:40.920 --> 01:27:46.920] The statute of limitations begins to toll the day you discover the fraud. [01:27:46.920 --> 01:27:55.920] Now, what I've just told you is based on about 300 suits that we've helped people file [01:27:55.920 --> 01:27:59.920] and the responses that we've received from the courts. [01:27:59.920 --> 01:28:06.920] They've said the only way you can toll the consumer protection laws, [01:28:06.920 --> 01:28:09.920] real estate settlement procedures act, truth and lending act, [01:28:09.920 --> 01:28:15.920] and home equity protections act is by a showing of due diligence [01:28:15.920 --> 01:28:19.920] in an effort to discover the fraud. [01:28:19.920 --> 01:28:24.920] And we show that due diligence by only dealing with licensed professionals. [01:28:24.920 --> 01:28:28.920] And lost my place. [01:28:28.920 --> 01:28:34.920] Oh, okay, and a showing of fraudulent concealment. [01:28:34.920 --> 01:28:40.920] That's the exact terminology the courts have used in addressing this issue. [01:28:40.920 --> 01:28:48.920] So we maintain the fraudulent concealment because they give you partial disclosure, [01:28:48.920 --> 01:28:54.920] which invokes the duty to give full disclosure, and they fail to give full disclosure. [01:28:54.920 --> 01:29:00.920] And had you been given full disclosure, you would have made a different decision [01:29:00.920 --> 01:29:03.920] than the decision that you made, and you were harmed thereby. [01:29:03.920 --> 01:29:05.920] That goes to the cause of action. [01:29:05.920 --> 01:29:10.920] Does all this make sense? [01:29:10.920 --> 01:29:14.920] Okay, I already submitted my information on your fraud calculator there. [01:29:14.920 --> 01:29:17.920] Yes. [01:29:17.920 --> 01:29:24.920] Now, the court never notified me of the foreclosure decision, [01:29:24.920 --> 01:29:28.920] never notified me of option of property. [01:29:28.920 --> 01:29:29.920] Okay, wait, wait, wait, wait. [01:29:29.920 --> 01:29:33.920] Did you receive, you didn't receive a notice of acceleration? [01:29:33.920 --> 01:29:38.920] No, I received a summons and complaint for the foreclosure proceeding. [01:29:38.920 --> 01:29:40.920] Okay, okay. [01:29:40.920 --> 01:29:45.920] And then I received a document about a month later with a bunch of stuff [01:29:45.920 --> 01:29:50.920] about the rights of people staying in the home, eviction, stuff like that. [01:29:50.920 --> 01:29:52.920] Okay, okay, we're about to go to break. [01:29:52.920 --> 01:29:56.920] When we come back on the other side, I kind of jumped in front of you. [01:29:56.920 --> 01:29:57.920] Okay, we'll be right back. [01:29:57.920 --> 01:29:59.920] I'll talk to you when we come back. [01:29:59.920 --> 01:30:02.920] Top ten reasons to question the official story of the Oklahoma City bombing, [01:30:02.920 --> 01:30:03.920] reason number five. [01:30:03.920 --> 01:30:06.920] As witnessed by millions of viewers, the rescue efforts were interrupted [01:30:06.920 --> 01:30:09.920] several times due to the presence of other explosives. [01:30:09.920 --> 01:30:13.920] Government log entries indicate and witnesses report that after the initial devastating [01:30:13.920 --> 01:30:16.920] blast, a bomb complete with timer was discovered and removed from wreckage [01:30:16.920 --> 01:30:17.920] by the bomb squad. [01:30:17.920 --> 01:30:21.920] Yet we are told it's all due to baseless bomb scares or other contrivances. [01:30:21.920 --> 01:30:23.920] So while officials try to sort out their stories, [01:30:23.920 --> 01:30:27.920] all we ask is who planted these bombs and why is the government lying about them? [01:30:27.920 --> 01:30:30.920] For more information, go to okcbombingtruth.com. [01:30:30.920 --> 01:30:32.920] You've probably heard of WikiLeaks, [01:30:32.920 --> 01:30:35.920] the website that's released lots of government documents. [01:30:35.920 --> 01:30:38.920] But have you heard of the granddaddy of leaks, Cryptome.org? [01:30:38.920 --> 01:30:39.920] I'm Dr. Catherine Albrecht, [01:30:39.920 --> 01:30:44.920] and I'll be back with more about how Cryptome holds governments and corporations accountable. [01:30:44.920 --> 01:30:46.920] Privacy is under attack. [01:30:46.920 --> 01:30:50.920] When you give up data about yourself, you'll never get it back again. [01:30:50.920 --> 01:30:55.920] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:55.920 --> 01:31:00.920] So protect your rights, say no to surveillance, and keep your information to yourself. [01:31:00.920 --> 01:31:02.920] Privacy, it's worth hanging on to. [01:31:02.920 --> 01:31:06.920] This public service announcement is brought to you by Startpage.com, [01:31:06.920 --> 01:31:10.920] the private search engine alternative to Google, Yahoo, and Bing. [01:31:10.920 --> 01:31:13.920] Start over with Startpage. [01:31:13.920 --> 01:31:17.920] The website, Cryptome.org, has been archiving leaked and whistleblower documents [01:31:17.920 --> 01:31:21.920] for over 14 years to keep governments and big business in check. [01:31:21.920 --> 01:31:25.920] Back in 2003, the site's owner, John Young, came to my rescue [01:31:25.920 --> 01:31:30.920] when my spy chips co-author and I dug up explosive confidential documents. [01:31:30.920 --> 01:31:34.920] They told how businesses like Procter & Gamble planned to pacify consumers [01:31:34.920 --> 01:31:38.920] who would be outraged by RFID, a new tracking technology. [01:31:38.920 --> 01:31:41.920] The information was so scandalous, we were sure it would disappear [01:31:41.920 --> 01:31:44.920] the moment someone found out it was publicly accessible. [01:31:44.920 --> 01:31:47.920] We were also worried we might be accused of hacking. [01:31:47.920 --> 01:31:51.920] Cryptome came to our rescue, and the documents are still mirrored there today. [01:31:51.920 --> 01:32:05.920] For Catherine Albrecht, more news and information at CatherineAlbrecht.com. [01:32:05.920 --> 01:32:23.920] I see it too, I see it too. Every time we have a business, we lose it. I see tools of ingenuity, used against the workers of iniquity. [01:32:23.920 --> 01:32:28.920] Tools of massive capability, made up over all eternity. [01:32:28.920 --> 01:32:35.920] They come from natural divinity, left set by the roots of authenticity. [01:32:35.920 --> 01:32:41.920] Okay, okay Rob, I'll generally wait a little while, but we're running out of time, so I've got to move quickly. [01:32:41.920 --> 01:32:46.920] Rob, we're getting a lot of background noise, and my producer tells me we can't do a back and forth [01:32:46.920 --> 01:32:49.920] because we've got so much background noise on your end. [01:32:49.920 --> 01:32:55.920] I'm sorry Rob, we can't leave your channel open because there's so much noise. [01:32:55.920 --> 01:33:00.920] If you and Randy, if I leave your channel open to have a back and forth, we can't understand what anyone is saying. [01:33:00.920 --> 01:33:09.920] And just for folks who don't understand this, voices tend to not pick up as much as background noise. [01:33:09.920 --> 01:33:14.920] I have Deborah tell me I've got a tremendous amount of background noise. [01:33:14.920 --> 01:33:18.920] I can't really hear it, but it really booms through on the microphone. [01:33:18.920 --> 01:33:23.920] Yeah, so can you call back on Thursday Rob? [01:33:23.920 --> 01:33:28.920] Okay, Rob, please call back on Thursday and try to call back when you're not traveling in your vehicle. [01:33:28.920 --> 01:33:29.920] That would help. [01:33:29.920 --> 01:33:33.920] I mean, being on the road is very, very loud. [01:33:33.920 --> 01:33:35.920] Yeah, you'd be amazed. [01:33:35.920 --> 01:33:40.920] I'm talking to Chris on the phone, and I'm getting incredible background noise. [01:33:40.920 --> 01:33:42.920] And I tell him, and he says, you can hear that? [01:33:42.920 --> 01:33:44.920] And I say, yeah, it's booming. [01:33:44.920 --> 01:33:49.920] So you don't understand, any background noise seems to come over higher than your voice. [01:33:49.920 --> 01:33:50.920] We really need to move along. [01:33:50.920 --> 01:33:53.920] Okay, we're going to go to Kelly in Washington. [01:33:53.920 --> 01:33:54.920] Hello. [01:33:54.920 --> 01:33:57.920] Hey, Kelly, what's on your mind? [01:33:57.920 --> 01:34:05.920] I emailed Randy after listening to the Wednesday call-in, and he emailed me back today, [01:34:05.920 --> 01:34:15.920] and I thought I was sending him information about a mortgage fraud that I think has been going on for at least a year and a half. [01:34:15.920 --> 01:34:21.920] Kelly, quickly, I'm thinking, I don't remember yours. [01:34:21.920 --> 01:34:23.920] Give me a quick detail so I can... [01:34:23.920 --> 01:34:27.920] The title of the email was, when do I need to file suit? [01:34:27.920 --> 01:34:29.920] Oh, okay. Yeah, okay, okay, okay. [01:34:29.920 --> 01:34:37.920] Yeah, and the answer is always fast, quickly, the further ahead of foreclosure. [01:34:37.920 --> 01:34:45.920] Okay, you're the one, you're kind of behind, but they haven't started foreclosure yet. [01:34:45.920 --> 01:34:46.920] Right. [01:34:46.920 --> 01:34:48.920] Think in terms of the judge. [01:34:48.920 --> 01:34:49.920] Pardon me? [01:34:49.920 --> 01:34:50.920] The judge. [01:34:50.920 --> 01:35:01.920] You've got this judge sitting here, and you're going to ask him to give you a preliminary injunction to keep the lender from foreclosing. [01:35:01.920 --> 01:35:11.920] If you're two days from an eviction hearing, he's going to say, well, gee whiz, where were you a month ago? [01:35:11.920 --> 01:35:13.920] And that's the point. [01:35:13.920 --> 01:35:16.920] This is a month ago, and we want to be in there a month ago. [01:35:16.920 --> 01:35:23.920] In your case, they haven't moved for foreclosure yet, but you can be sure they're getting ready to. [01:35:23.920 --> 01:35:32.920] So you jump in there and nail them before they get an opportunity, and then if they try to foreclose, it's going to look like retaliation. [01:35:32.920 --> 01:35:33.920] Okay. [01:35:33.920 --> 01:35:43.920] And you ask the judge, and when you file, you file suit and at the same time request a loan modification. [01:35:43.920 --> 01:35:47.920] That's right. I think I heard that on the Wednesday show as well. [01:35:47.920 --> 01:35:53.920] Yeah. So now you want to, this is all, you don't care about the lender. This is for the judge. [01:35:53.920 --> 01:35:57.920] And the judge is in federal court? [01:35:57.920 --> 01:36:00.920] Yes. You want it in federal court. The federal judges don't want to see you. [01:36:00.920 --> 01:36:01.920] Okay. [01:36:01.920 --> 01:36:08.920] They don't want to have to come into court and have a formal hearing. If they can do everything in the documentation, they would love that. [01:36:08.920 --> 01:36:09.920] Okay. [01:36:09.920 --> 01:36:17.920] So that's why we want to file the federal court. And besides, we can't research 50 states all at once. [01:36:17.920 --> 01:36:20.920] If we tried to do that, we wouldn't be able to help anybody. [01:36:20.920 --> 01:36:26.920] So you file in the federal court, and you tell the judge, you ask for a modification. [01:36:26.920 --> 01:36:33.920] And these lenders, they've been using modification as a dodge to force people into foreclosure. [01:36:33.920 --> 01:36:37.920] They say, we can't do a modification unless you're two payments behind. [01:36:37.920 --> 01:36:38.920] Wow. [01:36:38.920 --> 01:36:42.920] I don't know how that works, because if you're two payments behind, they could start foreclosure. [01:36:42.920 --> 01:36:43.920] Yeah. [01:36:43.920 --> 01:36:52.920] I actually did file for a loan modification originally about a year and a half ago, more than that actually. [01:36:52.920 --> 01:36:58.920] Initially, they told me I wasn't eligible because I didn't have a Freddie Mac or Frat Fanning made loan. [01:36:58.920 --> 01:37:09.920] And I called hogwash on that, and after, I think, the fourth request, they finally said, well, I got a rep that said, [01:37:09.920 --> 01:37:15.920] well, not only do you have a Freddie Mac loan, but you'd have to be blind to not see that. [01:37:15.920 --> 01:37:24.920] So at that point, they sent the documentation. I filled it out, and I've been through this back and forth. [01:37:24.920 --> 01:37:28.920] Okay, hold on, hold on. This is standard. [01:37:28.920 --> 01:37:33.920] They're using the modification process to try to stall you until you go into foreclosure. [01:37:33.920 --> 01:37:40.920] We tell the judge that, and we tell the judge, you know, we would like you to help us. [01:37:40.920 --> 01:37:50.920] We want the judge to get the idea that we filed this civil suit so that we could force the lender [01:37:50.920 --> 01:37:54.920] to negotiate in good faith on the modification. [01:37:54.920 --> 01:37:55.920] Okay. [01:37:55.920 --> 01:38:00.920] And if we get the modification, the judge doesn't have to spend all the time reading all these documents [01:38:00.920 --> 01:38:05.920] and adjudicating this case. He just goes away. He don't have to mess with it. [01:38:05.920 --> 01:38:13.920] So we give the judge a good reason to give us the preliminary injunction, which stops the lender from foreclosure. [01:38:13.920 --> 01:38:20.920] Now we gotcha. Now you got the lender. [01:38:20.920 --> 01:38:24.920] You know, they want to play dirty tricks, we can play tricks. [01:38:24.920 --> 01:38:29.920] But sue as quickly as possible. Do not wait. [01:38:29.920 --> 01:38:30.920] Okay. [01:38:30.920 --> 01:38:34.920] So that's the easy answer. [01:38:34.920 --> 01:38:44.920] All right. I'm not sure what to ask here, but I'm a little bit concerned about the fact that I'm a full-time student [01:38:44.920 --> 01:38:49.920] and I also run a full-time web design business. [01:38:49.920 --> 01:38:56.920] So am I actually going to have enough time to be able to learn enough to be able to help these people? [01:38:56.920 --> 01:39:01.920] Okay. When you think about lawyers, they have to know all about all kinds of law. [01:39:01.920 --> 01:39:06.920] You don't. You know, my primary study is due process. [01:39:06.920 --> 01:39:14.920] There is not an attorney in this country that wants to stand in front of me in a criminal court on due process. [01:39:14.920 --> 01:39:21.920] I will eat his lunch and I'll do it with about a dozen statutes. [01:39:21.920 --> 01:39:26.920] That's all I need. It ain't that big a deal. [01:39:26.920 --> 01:39:27.920] Okay. All right. [01:39:27.920 --> 01:39:32.920] I know the focus on the one thing I'm doing. [01:39:32.920 --> 01:39:36.920] When I went to foreclosure, I'm only focusing on foreclosure. [01:39:36.920 --> 01:39:39.920] There aren't that many issues. [01:39:39.920 --> 01:39:46.920] You'll be surprised how quickly if you focus only on foreclosure, there's just not that much. [01:39:46.920 --> 01:39:48.920] And we've done the homework. [01:39:48.920 --> 01:39:54.920] The hardest thing is knowing what not to have to pay attention to. [01:39:54.920 --> 01:39:56.920] That's what we can help you with. [01:39:56.920 --> 01:39:58.920] That don't matter. They want to raise this issue. [01:39:58.920 --> 01:40:01.920] Don't worry about that. Don't make a difference in the end. [01:40:01.920 --> 01:40:08.920] These are the issues you need to focus on because they're going to try to lead you down rabbit holes. [01:40:08.920 --> 01:40:09.920] Okay. [01:40:09.920 --> 01:40:13.920] And we've done the research. They want to go down that rabbit hole and let them. [01:40:13.920 --> 01:40:15.920] We're going to go after the things that matter. [01:40:15.920 --> 01:40:20.920] And it won't take you that much. It's just not near that hard. [01:40:20.920 --> 01:40:28.920] And in the end, the confidence it will give you. [01:40:28.920 --> 01:40:35.920] People think about, you know, when we say, well, you need to file a suit in the federal court, they get terrified. [01:40:35.920 --> 01:40:40.920] They think it's some kind of incredibly complex. It's not. [01:40:40.920 --> 01:40:46.920] Well, I have to admit that after reading today a little bit about how to file in federal court, [01:40:46.920 --> 01:40:52.920] it appeared to me from what I read that if you don't cross all your T's and dot all your I's, [01:40:52.920 --> 01:40:54.920] they'll just toss it right out. [01:40:54.920 --> 01:40:57.920] No, no, they won't. No, they won't. [01:40:57.920 --> 01:41:01.920] That's not like that. It's intended to find justice. [01:41:01.920 --> 01:41:05.920] And especially if you go in pro se. [01:41:05.920 --> 01:41:06.920] Right. [01:41:06.920 --> 01:41:10.920] If they don't like what you did, they'll tell you. [01:41:10.920 --> 01:41:19.920] And that's helped us tremendously. The best information that we have gotten has been from the judges. [01:41:19.920 --> 01:41:28.920] When they don't give us what they want, they say, we didn't give you this and this is precisely why we didn't give it to you. [01:41:28.920 --> 01:41:33.920] If you want us to give you this, this is what you have to give us. [01:41:33.920 --> 01:41:40.920] I have a friend, Harmon Taylor, and he used to tell me that the judges are instructive. [01:41:40.920 --> 01:41:46.920] And I thought he was full of crap. But he's right. [01:41:46.920 --> 01:41:54.920] He talks about he's the one that forced the FBI to release some 3000 documents in the Terry McVeigh trial [01:41:54.920 --> 01:41:59.920] that they were secreting from the defense. [01:41:59.920 --> 01:42:08.920] And he said when he did that, that the judges hit him with a padded two by four. [01:42:08.920 --> 01:42:13.920] In that they didn't give him what he wanted. [01:42:13.920 --> 01:42:19.920] But the padding was, is they told him precisely why they didn't give him what he wanted. [01:42:19.920 --> 01:42:23.920] And that's exactly what they've been doing to us. [01:42:23.920 --> 01:42:30.920] So they've been telling us this is exactly what you need to give us and we've been addressing that [01:42:30.920 --> 01:42:40.920] and adjusting what's in our presentations to reflect exactly what the judges have been telling us. [01:42:40.920 --> 01:42:50.920] We have attorneys that are used to running foreclosures and 95% of the foreclosures are not resisted. [01:42:50.920 --> 01:42:55.920] And then they get somebody to resist them. They're not used to it. [01:42:55.920 --> 01:43:02.920] And now they've got somebody who's prepared over 300. [01:43:02.920 --> 01:43:08.920] And we've got all these responses and we are kicking their behinds. [01:43:08.920 --> 01:43:19.920] And you get an attorney here that we've got, I've got over a year and over 100,000 invested in the pleading that we file [01:43:19.920 --> 01:43:23.920] or that we give to the individual to file. [01:43:23.920 --> 01:43:30.920] And we have every accusation, every violation we can find in there. [01:43:30.920 --> 01:43:36.920] And when the other side gets it, they've got 21 days to answer. Good luck, Bubba. [01:43:36.920 --> 01:43:41.920] Okay, listen, Kelly, we need to move on because we have several other callers and we've only got one segment left. [01:43:41.920 --> 01:43:44.920] So would you call back in next week, please? [01:43:44.920 --> 01:43:45.920] Sure. [01:43:45.920 --> 01:43:46.920] Okay, great. [01:43:46.920 --> 01:43:49.920] All right, when we get back on the other side, we're good. Thank you. [01:43:49.920 --> 01:43:53.920] All right, when we get back on the other side, we're going to go to Susan in Texas who's been holding for a long time. [01:43:53.920 --> 01:44:00.920] And then we're going to take the rest of your calls as much as we can in this final segment. [01:44:00.920 --> 01:44:06.920] More energy, stronger immune power, improved sense of well-being. 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[01:44:54.920 --> 01:44:59.920] After you use Centrition, you'll believe in supplements again. [01:44:59.920 --> 01:45:02.920] Are you the plaintiff or defendant in a lawsuit? [01:45:02.920 --> 01:45:09.920] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course [01:45:09.920 --> 01:45:13.920] that will show you how in 24 hours, step-by-step. [01:45:13.920 --> 01:45:17.920] If you have a lawyer, know what your lawyer should be doing. [01:45:17.920 --> 01:45:21.920] If you don't have a lawyer, know what you should do for yourself. [01:45:21.920 --> 01:45:26.920] Thousands have won with our step-by-step course, and now you can too. [01:45:26.920 --> 01:45:33.920] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:33.920 --> 01:45:37.920] Even if you're not in a lawsuit, you can learn what everyone should understand [01:45:37.920 --> 01:45:42.920] about the principles and practices that control our American courts. [01:45:42.920 --> 01:45:48.920] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:48.920 --> 01:46:00.920] pro se tactics, and much more. Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [01:46:18.920 --> 01:46:47.920] The [01:46:47.920 --> 01:47:09.920] people come down from the hill. Into the city they will shuffle. Many long nights, many strong thrills. [01:47:09.920 --> 01:47:14.920] Okay, folks, we are back. We're going to try to get to as many of these calls as possible. [01:47:14.920 --> 01:47:17.920] We've got to give priority to the folks who have been waiting the longest. [01:47:17.920 --> 01:47:22.920] We're going to go to Susan in Texas. Susan, thanks for calling in. What's your question? [01:47:22.920 --> 01:47:28.920] Thank you, Debra. I wanted to direct a couple of questions to Eddie. [01:47:28.920 --> 01:47:31.920] We had talked previously about my auto accident. [01:47:31.920 --> 01:47:36.920] I was wondering if I could quash the summons before I receive it. [01:47:36.920 --> 01:47:40.920] No, you can't quash anything before you receive it. [01:47:40.920 --> 01:47:43.920] There's nothing to quash until something's been generated. [01:47:43.920 --> 01:47:49.920] Okay, okay. Even though it says that on the crash report that there will be a summons, [01:47:49.920 --> 01:47:53.920] I have to wait until it actually is in my hand. [01:47:53.920 --> 01:47:54.920] Yes. [01:47:54.920 --> 01:48:04.920] Okay. Also, I wanted to know if I can hand them the notices and motions or do I have to file them with the court? [01:48:04.920 --> 01:48:07.920] You file them with the court. You do everything in writing. [01:48:07.920 --> 01:48:15.920] You always get a certificate of service filled out. You always get a file stamped with what's filed on the court or with the court. [01:48:15.920 --> 01:48:23.920] If you serve the opposing counsel, you try to get someone there to either stamp or sign, unless you send it all in, [01:48:23.920 --> 01:48:26.920] certified mail return receipt requested. [01:48:26.920 --> 01:48:32.920] Then you keep your receipt where you paid for it and the green receipt that comes back with the signature [01:48:32.920 --> 01:48:38.920] attached to one copy of your copies that you retain for yourself at all times. [01:48:38.920 --> 01:48:41.920] Paperclip it to it. Don't ever separate it. [01:48:41.920 --> 01:48:44.920] Yes, and let me make a suggestion. [01:48:44.920 --> 01:48:54.920] It is in the nature of our culture that we have this need to face our adversary. [01:48:54.920 --> 01:49:00.920] In this case, I suggest you never want your adversary to see you. [01:49:00.920 --> 01:49:01.920] Thank you. [01:49:01.920 --> 01:49:07.920] Do everything in paper. You're an enigma. [01:49:07.920 --> 01:49:11.920] He can't talk to you. He can't reason with you. [01:49:11.920 --> 01:49:16.920] He can't look you in the eye and make an assessment of you. [01:49:16.920 --> 01:49:21.920] Avoid actually talking to him if there's any way you can. [01:49:21.920 --> 01:49:23.920] All right, great. [01:49:23.920 --> 01:49:27.920] If they speak to you, assume they're lying like a dog. [01:49:27.920 --> 01:49:35.920] So you don't want to talk to them. If they want to talk to you, tell them, send me an email, send me a letter. [01:49:35.920 --> 01:49:39.920] I don't want to talk to you. It will drive them crazy. [01:49:39.920 --> 01:49:49.920] Also, I went to the court clerk, asked her for what was in my file or what was on their computer about my incident. [01:49:49.920 --> 01:49:52.920] There was nothing. I had her on recording. [01:49:52.920 --> 01:49:57.920] She said, come back in a couple of weeks. [01:49:57.920 --> 01:50:06.920] So I plan on going again on Monday and asking her again, or should I just do that by mail? [01:50:06.920 --> 01:50:08.920] Mail, mail, mail, everything. [01:50:08.920 --> 01:50:09.920] Mail or email? [01:50:09.920 --> 01:50:10.920] Well, wait a minute. [01:50:10.920 --> 01:50:15.920] No, I think she's trying to get copies of everything that's in her file. [01:50:15.920 --> 01:50:22.920] Send them an email or take them a written request and hand it to them. [01:50:22.920 --> 01:50:24.920] This is the way I do it. [01:50:24.920 --> 01:50:28.920] I go down and I give them a written request. [01:50:28.920 --> 01:50:37.920] If they don't have the documents that I want, then I ask them to write me an answer. [01:50:37.920 --> 01:50:42.920] I'll go down and ask to see a document that I know was not in the file. [01:50:42.920 --> 01:50:47.920] And then when I see that it's not there, I'll give them a written request for it. [01:50:47.920 --> 01:50:49.920] And they'll say, well, I just told you it's not here. [01:50:49.920 --> 01:50:50.920] I said, I know that. [01:50:50.920 --> 01:50:53.920] But I need to be able to prove that it wasn't here. [01:50:53.920 --> 01:50:59.920] So can you give me an answer that says we have no documents responsive to your request? [01:50:59.920 --> 01:51:00.920] Okay. [01:51:00.920 --> 01:51:08.920] And when I ask them for that, I've had a number of them stand there and look at me for a second and say, oh, it's a reasonable request. [01:51:08.920 --> 01:51:14.920] So in other words, if she's wanting to see the criminal complaint that's in her file, for example, and it's not there, [01:51:14.920 --> 01:51:21.920] you would have a document asking the court clerk to sign saying there's no criminal complaint in Susan's file. [01:51:21.920 --> 01:51:22.920] Exactly. [01:51:22.920 --> 01:51:31.920] Go to greatestimprudence.com and go to the top frog on the right in Documents and Research. [01:51:31.920 --> 01:51:37.920] Go to blanks and pull down the information request. [01:51:37.920 --> 01:51:38.920] Okay. [01:51:38.920 --> 01:51:39.920] Okay, great. [01:51:39.920 --> 01:51:42.920] Write out that request asking for the information that you want. [01:51:42.920 --> 01:51:44.920] And they're going to say, well, I just told you I don't have it. [01:51:44.920 --> 01:51:45.920] I said, I know that. [01:51:45.920 --> 01:51:53.920] But can you give me a response saying you have no records responsive to my request so I can demonstrate that on this day, [01:51:53.920 --> 01:51:59.920] at this time, these records were, these documents were not in the file? [01:51:59.920 --> 01:52:00.920] Okay. [01:52:00.920 --> 01:52:02.920] Okay, Susan, do you have anything else? [01:52:02.920 --> 01:52:04.920] One more short question. [01:52:04.920 --> 01:52:12.920] Eddie suggested that in order for me to get the tape that the convenience store had that would prove who the witnesses, [01:52:12.920 --> 01:52:18.920] because they are saying there were witnesses to it, and the girl at the convenience store said they came into the store. [01:52:18.920 --> 01:52:25.920] So in order for me to take a look at that and see how many people were there and everything because I was unconscious, [01:52:25.920 --> 01:52:31.920] I went to the district court, tried to go into the court and get those records. [01:52:31.920 --> 01:52:34.920] The policeman that was standing there at the door would not let me in. [01:52:34.920 --> 01:52:38.920] They directed me to the municipal police department. [01:52:38.920 --> 01:52:40.920] Whoa, hold on, hold on. [01:52:40.920 --> 01:52:43.920] Was the court in session? [01:52:43.920 --> 01:52:44.920] I don't know. [01:52:44.920 --> 01:52:47.920] They would not even let me through the door. [01:52:47.920 --> 01:52:50.920] They wouldn't even let me go through their little metal detector. [01:52:50.920 --> 01:52:51.920] Do you have the name of the officer? [01:52:51.920 --> 01:52:53.920] They stopped me before I even got to the metal detector. [01:52:53.920 --> 01:52:54.920] Wait a minute. [01:52:54.920 --> 01:52:55.920] Wait a minute. [01:52:55.920 --> 01:52:57.920] You were going into the courthouse? [01:52:57.920 --> 01:52:58.920] Right. [01:52:58.920 --> 01:53:02.920] How did they know to stop you? [01:53:02.920 --> 01:53:04.920] They came up. [01:53:04.920 --> 01:53:09.920] I mean, they were standing there at the metal detector and they said, what do you need? [01:53:09.920 --> 01:53:10.920] Whoa, whoa, whoa. [01:53:10.920 --> 01:53:12.920] Who said what do you need? [01:53:12.920 --> 01:53:14.920] The police department. [01:53:14.920 --> 01:53:17.920] Do you have his name? [01:53:17.920 --> 01:53:19.920] I believe I can get him. [01:53:19.920 --> 01:53:20.920] Get his name. [01:53:20.920 --> 01:53:23.920] It's none of his darn business what you need. [01:53:23.920 --> 01:53:24.920] Okay. [01:53:24.920 --> 01:53:26.920] They would not even let me go through the metal detector. [01:53:26.920 --> 01:53:30.920] Okay. [01:53:30.920 --> 01:53:31.920] Oh, wonderful. [01:53:31.920 --> 01:53:38.920] Who was the judge of the court that you wanted to go to? [01:53:38.920 --> 01:53:39.920] Okay. [01:53:39.920 --> 01:53:41.920] Find out who that judge is. [01:53:41.920 --> 01:53:42.920] Okay. [01:53:42.920 --> 01:53:44.920] Go to the, you're in Texas? [01:53:44.920 --> 01:53:45.920] Yes. [01:53:45.920 --> 01:53:48.920] Article 1. [01:53:48.920 --> 01:53:51.920] I think it's 2980. [01:53:51.920 --> 01:53:54.920] All courts shall be public. [01:53:54.920 --> 01:53:55.920] Yeah. [01:53:55.920 --> 01:54:04.920] The 1.29 Code of Criminal Procedure says all courts shall be public. [01:54:04.920 --> 01:54:05.920] Okay. [01:54:05.920 --> 01:54:14.920] And if a bailiff or anyone wearing a badge restricted you from going into a court. [01:54:14.920 --> 01:54:16.920] They're deputy sheriffs. [01:54:16.920 --> 01:54:18.920] Yeah, all of the bailiffs are deputy sheriffs. [01:54:18.920 --> 01:54:19.920] Yes. [01:54:19.920 --> 01:54:25.920] They did that under the direct orders of the judge. [01:54:25.920 --> 01:54:39.920] So prepare criminal charges against the judge for denying you in your right to a public court in violation of Article 1.29 Code of Criminal Procedure. [01:54:39.920 --> 01:54:40.920] 1.24, Randy. [01:54:40.920 --> 01:54:41.920] I'm sorry. [01:54:41.920 --> 01:54:42.920] 1.24. [01:54:42.920 --> 01:54:43.920] 1.24, yeah. [01:54:43.920 --> 01:54:44.920] 9 didn't seem right. [01:54:44.920 --> 01:54:45.920] 1.24. [01:54:45.920 --> 01:54:46.920] Okay, 1.24. [01:54:46.920 --> 01:54:47.920] 1.24. [01:54:47.920 --> 01:54:49.920] And that's an act of official oppression. [01:54:49.920 --> 01:54:51.920] It's a Class A misdemeanor. [01:54:51.920 --> 01:54:54.920] And here's the reason for doing it that way. [01:54:54.920 --> 01:54:56.920] The bailiff did it. [01:54:56.920 --> 01:55:09.920] But the bailiff takes his directions from the judge and the judge is respondeet superior, not respondent, R-E-S-P-O-N-D-E-A-T superior. [01:55:09.920 --> 01:55:14.920] So whatever the bailiff does, the judge did it. [01:55:14.920 --> 01:55:18.920] So file against the judge for denying you a public court. [01:55:18.920 --> 01:55:24.920] And I guarantee you the judge will go ballistic on these bailiffs. [01:55:24.920 --> 01:55:26.920] Okay. [01:55:26.920 --> 01:55:27.920] Okay, yes. [01:55:27.920 --> 01:55:29.920] I wasn't even able to enter into the court. [01:55:29.920 --> 01:55:31.920] They wouldn't even let me walk through the little metal. [01:55:31.920 --> 01:55:36.920] Well, was there some kind of order that you couldn't come to the court or something? [01:55:36.920 --> 01:55:38.920] No, not that I'm aware of. [01:55:38.920 --> 01:55:44.920] No, I just went to the auto accident and municipal court. [01:55:44.920 --> 01:55:55.920] I just went to the district court so that I could get a pretrial investigation permission, [01:55:55.920 --> 01:56:02.920] so I could get pretrial investigation permission to get the tape from the store because the store will not release it to me. [01:56:02.920 --> 01:56:08.920] Okay, what you need to do is file a Brady motion. [01:56:08.920 --> 01:56:09.920] Okay. [01:56:09.920 --> 01:56:10.920] A Brady motion. [01:56:10.920 --> 01:56:15.920] And just go online and Google Xquick. [01:56:15.920 --> 01:56:17.920] Never use Google. [01:56:17.920 --> 01:56:18.920] Okay. [01:56:18.920 --> 01:56:20.920] Xquick or start page. [01:56:20.920 --> 01:56:21.920] Okay. [01:56:21.920 --> 01:56:23.920] Brady motion. [01:56:23.920 --> 01:56:27.920] Brady is discovery in criminal. [01:56:27.920 --> 01:56:28.920] Okay. [01:56:28.920 --> 01:56:36.920] If you Google, if you Xquick gave Brady, you'll find a whole bunch, you'll probably find a whole bunch of Brady motions. [01:56:36.920 --> 01:56:39.920] But request it. [01:56:39.920 --> 01:56:42.920] This is under discovery and civil. [01:56:42.920 --> 01:56:43.920] Demand it. [01:56:43.920 --> 01:56:46.920] You can actually subpoena it. [01:56:46.920 --> 01:56:47.920] Okay. [01:56:47.920 --> 01:56:49.920] Okay, and we've got a little less than two minutes left. [01:56:49.920 --> 01:56:51.920] I wanted to try to get to one other caller. [01:56:51.920 --> 01:56:52.920] Okay, thank you. [01:56:52.920 --> 01:56:53.920] Thank you, Susan. [01:56:53.920 --> 01:56:56.920] All right, we're going to go to Mark in Wisconsin. [01:56:56.920 --> 01:56:58.920] Mark, thanks for calling in. [01:56:58.920 --> 01:56:59.920] We're almost at the end of the show. [01:56:59.920 --> 01:57:00.920] What do you got for us? [01:57:00.920 --> 01:57:03.920] Hey, I just wanted to ask Randy a quick question. [01:57:03.920 --> 01:57:08.920] My father has been getting strung along by some mortgages, and I told him that they were just stringing them along. [01:57:08.920 --> 01:57:12.920] Anyway, I've got, I set them up for FTRA violations and all that. [01:57:12.920 --> 01:57:22.920] And I heard this guy is a real fighter, Hispanic guy called into your show, into Agenda 21, and he said he filed a UCC 3-501. [01:57:22.920 --> 01:57:28.920] And I was wondering what a letter like that sounds like because it stopped them from getting a summary judgment. [01:57:28.920 --> 01:57:44.920] Okay, UCC 3-501 says, when the debtor petitions the creditor for payment, if the creditor demands the production of the original security instrument, [01:57:44.920 --> 01:57:49.920] the debtor, the creditor must produce the original security instrument. [01:57:49.920 --> 01:57:58.920] It's like if I write you a check, and you go to the bank and say, hey, Bubba, Georgia, Mark over here wrote me a check. [01:57:58.920 --> 01:57:59.920] I want you to cash it. [01:57:59.920 --> 01:58:04.920] And the bank's going to say, well, show me the check. [01:58:04.920 --> 01:58:09.920] All right, and that letter is just sent to the original creditor or the servicer too? [01:58:09.920 --> 01:58:10.920] Not the servicer. [01:58:10.920 --> 01:58:18.920] Whoever, well, okay, whoever is demanding payment, they must produce the original security instrument, [01:58:18.920 --> 01:58:23.920] or the creditor may cease all payments without dishonor. [01:58:23.920 --> 01:58:25.920] Has my brother called you yet? [01:58:25.920 --> 01:58:27.920] No, not going to know it. [01:58:27.920 --> 01:58:29.920] Okay, he will. Thanks a lot. [01:58:29.920 --> 01:58:31.920] Okay, thank you, Mark. [01:58:31.920 --> 01:58:34.920] All right, we are at the end of the show, folks. [01:58:34.920 --> 01:58:36.920] Sorry we couldn't get to the rest of your calls. [01:58:36.920 --> 01:58:39.920] Chris from California, Robin from Florida, Gary from Georgia. [01:58:39.920 --> 01:58:41.920] Please call in next week. [01:58:41.920 --> 01:58:46.920] This is the rule of law, Randy Kelton, Eddie Craig, Debra Stevens. [01:58:46.920 --> 01:58:54.920] Folks, don't forget Eddie's traffic class tomorrow, and it's Traffic and More, 3 to 6 at Brave New Books. [01:58:54.920 --> 01:59:17.920] We'll see you there. [01:59:24.920 --> 01:59:51.920] We'll see you there. [01:59:51.920 --> 01:59:58.920] We'll see you there.