[00:00.000 --> 00:09.240]  At least 509 people have been killed by flooding and mudslides in Brazil's mountain region
[00:09.240 --> 00:10.760]  north of Rio.
[00:10.760 --> 00:14.200]  More rain fell Friday, hindering rescue efforts.
[00:14.200 --> 00:16.300]  Officials fear the number will rise.
[00:16.300 --> 00:19.440]  Local reports put the number of missing in the hundreds.
[00:19.440 --> 00:26.560]  Despite the rain, relatives hauled the dead down the hills to freshly dug graves.
[00:26.560 --> 00:31.760]  The satellite radio network Clear Channel in Tucson has taken down a billboard riddled
[00:31.760 --> 00:35.960]  with fake bullet holes near the site of last Saturday's shootings.
[00:35.960 --> 00:41.440]  The billboard advertised conservative talk show host Rush Limbaugh as a straight shooter.
[00:41.440 --> 00:46.200]  Right-wing news commentators have come under fire since the Tucson shooting for their use
[00:46.200 --> 00:49.040]  of inflammatory language.
[00:49.040 --> 00:54.200]  Tea party activists in Tennessee are pushing state legislators to amend school curriculum
[00:54.200 --> 01:00.320]  to eliminate criticisms of the founding fathers for holding slaves and killing Native Americans.
[01:00.320 --> 01:05.380]  Tea party spokesman Hal Rounds said there was, quote, an awful lot of made-up criticism
[01:05.380 --> 01:09.440]  about the founders intruding on Indians or having slaves.
[01:09.440 --> 01:16.040]  Last March, the Texas Board of Education replaced the term slave trade with the euphemism Atlantic
[01:16.040 --> 01:19.040]  triangular trade.
[01:19.040 --> 01:23.160]  Floods have left parts of Brisbane, Australia's third biggest city, Thursday, looking like
[01:23.160 --> 01:29.480]  a war zone in need of years of reconstruction, while a cyclone was forecast offshore.
[01:29.480 --> 01:35.160]  Floods across the state of Queensland have killed at least 19 people, with 61 missing.
[01:35.160 --> 01:40.760]  Queensland premier Anna Bly said three-quarters of the state, an area the size of South Africa,
[01:40.760 --> 01:46.160]  was now officially a disaster zone, adding, we are facing a reconstruction effort of post-war
[01:46.160 --> 01:47.760]  proportions.
[01:47.760 --> 01:51.640]  Officials warned of the risk of further severe flooding in the coming weeks, with two months
[01:51.640 --> 01:53.720]  of wet season still ahead.
[01:53.720 --> 01:58.120]  One central bank economist has warned the floods could cut gross domestic product by
[01:58.120 --> 02:03.080]  1 percent, wiping $13 billion from the economy.
[02:03.080 --> 02:08.120]  On the eve of Martin Luther King Day Monday, a new report has documented startling disparities
[02:08.120 --> 02:13.960]  of income between races in the U.S. United for a Fair Economy's annual State of the Dream
[02:13.960 --> 02:20.040]  report found blacks earned only 57 cents for each dollar white families earned, Latinos
[02:20.040 --> 02:22.200]  earned only 59 cents.
[02:22.200 --> 02:27.400]  Incredibly, blacks had only 10 cents of net wealth, while Latinos have 12 cents for every
[02:27.400 --> 02:29.520]  dollar of white net worth.
[02:29.520 --> 02:35.560]  The official unemployment rate among blacks was 15.8 percent and 13 percent among Latinos,
[02:35.560 --> 02:39.040]  versus the national average of 9.6 percent.
[02:39.040 --> 02:44.440]  Brian Miller, the report's co-author, wrote, quote, austerity measures based on the conservative
[02:44.440 --> 02:49.340]  tenants of less government and lower taxes will ratchet down the standard of living for
[02:49.340 --> 02:55.280]  all Americans, while simultaneously widening our nation's racial and economic divide.
[02:55.280 --> 03:00.440]  For more details on these stories, visit www.inmworldreport.net.
[03:00.440 --> 03:11.440]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[03:11.440 --> 03:20.440]  talk radio at its best.
[03:41.440 --> 04:00.440]  We are originators, and the pathway seems to get straighter every day, and I can take
[04:00.440 --> 04:12.440]  it to me and put it to good use, but I was good for the gander, don't work for the fools.
[04:12.440 --> 04:24.440]  I know some architects, I know some engineers, they see the evidence, they know a certain
[04:24.440 --> 04:33.440]  thing, and I know a certain thing.
[04:33.440 --> 04:36.440]  Okay folks, we are back.
[04:36.440 --> 04:41.440]  We're going to be taking your calls in just a moment.
[04:41.440 --> 04:46.600]  First, we want to hear the report from Eddie concerning Mike Handel's trial of the TSA
[04:46.600 --> 04:47.600]  water bottle.
[04:47.600 --> 04:48.600]  What happened?
[04:48.600 --> 04:59.680]  Okay, well, the trial went on from approximately 9 o'clock yesterday until 9 o'clock last night,
[04:59.680 --> 05:03.160]  and then was continued today.
[05:03.160 --> 05:10.400]  Mike was able to do his direct testimony last night, and that's where they closed.
[05:10.400 --> 05:16.160]  Today started off with Mike completing that and cross-examination by the prosecutor, and
[05:16.160 --> 05:27.560]  then rebuttal to previous examination responses by the witnesses.
[05:27.560 --> 05:35.960]  Basically when it was all said and done, Mike was found guilty, but the prosecutor was asking
[05:35.960 --> 05:42.480]  the jury to return whatever fine they deemed prudent under all of the conditions involved
[05:42.480 --> 05:43.480]  in the accusation.
[05:43.480 --> 05:49.080]  Well, the limit was between $1 and $500 for the fine.
[05:49.080 --> 05:55.680]  The jury returned a guilty verdict and a $1 fine.
[05:55.680 --> 06:01.080]  Now this is both good and bad for what I believe to be the following reasons.
[06:01.080 --> 06:05.600]  The jury members didn't want to talk to us because they had seen us sitting there, so
[06:05.600 --> 06:10.240]  they associated us with the defendant, so they didn't want to make any direct comments
[06:10.240 --> 06:12.940]  or conversation with us.
[06:12.940 --> 06:19.040]  But based upon that return verdict and fine, this is the way that I believe they were viewing
[06:19.040 --> 06:21.400]  what they had.
[06:21.400 --> 06:26.240]  Based upon the charge given by the judge, the jury was under the presumption that they
[06:26.240 --> 06:32.240]  must find Mike guilty.
[06:32.240 --> 06:39.320]  But based upon the testimony, they did not believe that Mike had actually done anything
[06:39.320 --> 06:45.000]  wrong, hence the $1 fine.
[06:45.000 --> 06:51.160]  So this just goes to show you that through the order that the court directs to the jury,
[06:51.160 --> 06:57.760]  even though they tell them the presumption of innocence exists, they directly tell the
[06:57.760 --> 07:04.920]  jury that they are not allowed to consider the law, that only the judge can tell them
[07:04.920 --> 07:06.880]  what the law is.
[07:06.880 --> 07:11.120]  That is a blatant lie on a part of a judge.
[07:11.120 --> 07:17.800]  It's an absolute lie, and the judges are aware of this.
[07:17.800 --> 07:23.240]  Now Mike's got in all of his appealable issues on this case on the record, which is his denial
[07:23.240 --> 07:29.260]  of due process time and time again at every stage of this proceeding.
[07:29.260 --> 07:36.840]  He has several direct issues with the judge proceeding to trial, absent jurisdiction,
[07:36.840 --> 07:39.040]  so on and so forth.
[07:39.040 --> 07:46.640]  So this is not actually an appealable issue, this is a voidable issue.
[07:46.640 --> 07:55.320]  Now over the course of these two days, Judge Statman made a direct order to everyone in
[07:55.320 --> 07:56.320]  the court.
[07:56.320 --> 08:04.680]  And that was that absolutely no media personnel of any kind were to be allowed to view the
[08:04.680 --> 08:06.720]  court case.
[08:06.720 --> 08:12.400]  They were to be specifically and entirely excluded from all proceedings.
[08:12.400 --> 08:15.560]  Wait a minute, that's denial of access to the public court.
[08:15.560 --> 08:17.880]  Wait, wait, wait, I know that.
[08:17.880 --> 08:23.400]  And of course, I was sitting in the pews, and I'm like, yeah, if you think I'm leaving,
[08:23.400 --> 08:26.640]  you're out of your ever-loving mind.
[08:26.640 --> 08:29.840]  So I stayed both days.
[08:29.840 --> 08:37.400]  Well, Mary today decided to involve the media in the process right after the jury was dismissed
[08:37.400 --> 08:38.400]  for deliberation.
[08:38.400 --> 08:41.760]  She began calling everybody she could think of.
[08:41.760 --> 08:46.000]  And she got one crew to show up for sure.
[08:46.000 --> 08:53.640]  I believe they were KVUE News Network, and they are now YNN.
[08:53.640 --> 08:58.200]  But anyway, it's one of the local cable news networks here in Austin.
[08:58.200 --> 09:02.920]  And they did an interview with me, and they did an interview with Mike.
[09:02.920 --> 09:10.560]  But in between those interviews, before they actually occurred, the gentleman that was
[09:10.560 --> 09:15.160]  the actual reporter came upstairs to the courtroom.
[09:15.160 --> 09:18.960]  Now this was after the jury had already been released to deliberations.
[09:18.960 --> 09:20.560]  The judge was not in the courtroom.
[09:20.560 --> 09:24.480]  But the moment the gentleman came in and Mary started talking to him and telling him who
[09:24.480 --> 09:30.440]  everybody was, one of the city marshals stood up and said, are you with the media?
[09:30.440 --> 09:32.000]  And this gentleman said, yes, I am.
[09:32.000 --> 09:34.080]  I need to speak to you in the hallway.
[09:34.080 --> 09:38.520]  Well, he took him out in the hallway, and he specifically told this gentleman he was
[09:38.520 --> 09:41.160]  not to be admitted to the courtroom.
[09:41.160 --> 09:47.160]  Well, this gentleman's name is John, and he is readily familiar with the law regarding
[09:47.160 --> 09:52.000]  free access of the press, though I don't know if he was readily familiar with 2.03 Code
[09:52.000 --> 09:58.520]  of Criminal Procedure, which specifically states that the judge shall insure the right
[09:58.520 --> 10:02.200]  of a free press in those courtrooms.
[10:02.200 --> 10:07.680]  Well, the city marshal was telling him that he was not allowed in, and John tells the
[10:07.680 --> 10:10.760]  city marshal, are you sure about that?
[10:10.760 --> 10:12.520]  Is that what she said?
[10:12.520 --> 10:16.320]  I think you need to go check again.
[10:16.320 --> 10:20.520]  The city marshal said, yeah, I'm sure that's what she said, but I will go ask her again.
[10:20.520 --> 10:26.880]  So he comes through the courtroom, back past me and back into the judge's chambers, and
[10:26.880 --> 10:32.140]  within a very couple of minutes comes right back out, goes right back outside, and reiterates
[10:32.140 --> 10:35.440]  the same thing to this reporter.
[10:35.440 --> 10:39.120]  You are not to be allowed in the courtroom.
[10:39.120 --> 10:43.800]  Well, this didn't sit well with this gentleman.
[10:43.800 --> 10:50.320]  So he calls a district judge and tells him what's going on.
[10:50.320 --> 10:53.640]  Wait, the guy from the media did this?
[10:53.640 --> 10:56.000]  Yes, yes he did.
[10:56.000 --> 11:02.760]  And he calls this district judge, who I will not mention by name, but he calls him.
[11:02.760 --> 11:12.620]  But the media gentleman, John, is not aware of which judge it is that's made this prohibition.
[11:12.620 --> 11:20.400]  So he simply names the head judge, Ellen McKee, or Evelyn McKee, and tells this district judge
[11:20.400 --> 11:26.280]  that I believe it is Evelyn McKee that's made this directorate that the media is to be excluded
[11:26.280 --> 11:29.600]  from these proceedings.
[11:29.600 --> 11:38.440]  And this judge, I quote, said, she is out of her mind.
[11:38.440 --> 11:40.880]  I'll deal with this.
[11:40.880 --> 11:44.440]  Have her call me.
[11:44.440 --> 11:52.640]  Within a very few minutes, pandemonium seems to break loose at the courthouse.
[11:52.640 --> 11:59.720]  And the jury comes back in, the verdict is read, the case is adjourned, and so on and
[11:59.720 --> 12:00.720]  so forth.
[12:00.720 --> 12:07.800]  Well, we go out to eat lunch while we're waiting to hear back from this news gentleman.
[12:07.800 --> 12:11.840]  Mary is having a conversation with him while we're standing there on the street corner
[12:11.840 --> 12:15.000]  waiting to find our way to lunch.
[12:15.000 --> 12:22.200]  And Judge Statman, who was the judge who had issued this order and who had presided at
[12:22.200 --> 12:28.360]  the trial for Mike, but had not been there for any of the previous proceedings, such
[12:28.360 --> 12:38.200]  as pretrial, was apologizing profusely to John from YNN.
[12:38.200 --> 12:44.120]  Now understand, I have been present both days, and I have listened to this magistrate order
[12:44.120 --> 12:50.920]  the city marshals to make certain no media is present in this courtroom.
[12:50.920 --> 12:58.320]  In fact, before the jury returned, she reiterated that order again while staring me directly
[12:58.320 --> 13:04.400]  in the eyes, because I had gone downstairs while the jury was out to give my interview
[13:04.400 --> 13:08.800]  to the news crew, and obviously someone had seen me talking.
[13:08.800 --> 13:13.560]  But while I was in the lobby, I had also passed out several of the rule of law business cards
[13:13.560 --> 13:16.160]  that I've recently made.
[13:16.160 --> 13:22.680]  So I figure that either one of these cards had found their way back to this judge, or
[13:22.680 --> 13:27.040]  someone had told her that I had been doing interviews with the news media in the first
[13:27.040 --> 13:29.260]  floor lobby.
[13:29.260 --> 13:35.200]  But in any case, she looks directly at me and says, if any media personnel remained
[13:35.200 --> 13:42.040]  in this courtroom at the time the jury returns, they risked the wrath of being held in contempt.
[13:42.040 --> 13:44.920]  Well, I just sat there and looked at her.
[13:44.920 --> 13:45.920]  I didn't get up.
[13:45.920 --> 13:47.920]  I was not going to leave.
[13:47.920 --> 13:48.920]  I just sat there.
[13:48.920 --> 13:53.760]  I never said a word, never responded to what she said.
[13:53.760 --> 13:59.200]  And because, number one, I was not there in a media capacity of any kind.
[13:59.200 --> 14:04.880]  I was there as an acquaintance to the individual that was on trial for the purpose of court
[14:04.880 --> 14:12.040]  watching and documenting what this magistrate did that violated due process, which was a
[14:12.040 --> 14:13.040]  lot.
[14:13.040 --> 14:16.160]  OK, now granted, I'll give her this.
[14:16.160 --> 14:21.680]  She bent over backwards to be as fair as possible to Mike during his trial and even forgave
[14:21.680 --> 14:28.360]  a lot of things for which she could have really caused him problems.
[14:28.360 --> 14:33.960]  But she gave him a lot of latitude to allow that to not happen.
[14:33.960 --> 14:37.040]  So I'll give her kudos for that.
[14:37.040 --> 14:43.360]  What I cannot give her kudos for is proceeding to trial absent jurisdiction.
[14:43.360 --> 14:44.360]  That's a no-no.
[14:44.360 --> 14:48.280]  I don't care who you are or how lenient you are for the trial.
[14:48.280 --> 14:53.600]  You have no right to conduct the trial.
[14:53.600 --> 14:56.160]  But back to the deal with the media, I didn't leave.
[14:56.160 --> 14:59.180]  I waited for the jury verdict to come in.
[14:59.180 --> 15:05.040]  And as soon as the jury had read their verdict, I proceeded to pick up my bag and I went downstairs
[15:05.040 --> 15:13.040]  to locate the gentleman from the media, John, and to talk with him further.
[15:13.040 --> 15:17.040]  But I've never heard any more about being held in contempt.
[15:17.040 --> 15:23.040]  But I fully expected at the time that I got up to leave the courtroom to have my egress
[15:23.040 --> 15:29.160]  blocked by a city marshal upon direct order of the judge to, officer, place that man under
[15:29.160 --> 15:32.000]  arrest for contempt.
[15:32.000 --> 15:37.760]  It didn't happen, but I was prepared for it.
[15:37.760 --> 15:45.280]  But needless to say, she called this gentleman, or sent him an email, rather, saying that
[15:45.280 --> 15:50.000]  her staff had misunderstood her instruction.
[15:50.000 --> 15:52.200]  Oh, come on.
[15:52.200 --> 15:59.000]  And she was sent an email apologizing for this complete lack of understanding on their
[15:59.000 --> 16:02.000]  part for the directives that she had given.
[16:02.000 --> 16:03.000]  Now, trust me.
[16:03.000 --> 16:04.000]  What a liar!
[16:04.000 --> 16:05.000]  What a liar!
[16:05.000 --> 16:06.480]  Well, you're going to love this.
[16:06.480 --> 16:07.480]  Trust me, folks.
[16:07.480 --> 16:11.100]  There was no misinterpreting of her instructions.
[16:11.100 --> 16:13.200]  They were very clear.
[16:13.200 --> 16:20.320]  Now, I spent the last two days getting on a first name basis with the city marshals
[16:20.320 --> 16:22.120]  at the courthouse.
[16:22.120 --> 16:24.000]  I can tell you four of them.
[16:24.000 --> 16:27.120]  They're extremely nice individuals.
[16:27.120 --> 16:30.240]  They are Austin police officers.
[16:30.240 --> 16:31.720]  They're very well-mannered.
[16:31.720 --> 16:34.200]  They're very public-oriented.
[16:34.200 --> 16:36.640]  They do the job they're required to do.
[16:36.640 --> 16:42.920]  And I'm sure these guys do it in what they believe is the utmost capability they can
[16:42.920 --> 16:46.020]  muster to do what's right.
[16:46.020 --> 16:50.000]  But they have to abide by what they're told by the judges.
[16:50.000 --> 16:52.440]  I'll address this a little bit further on the other side.
[16:52.440 --> 16:56.080]  This is Rule of Law Radio, Eddie Craig, Randy Kelton, Deborah Stevens, who will be right
[16:56.080 --> 16:57.760]  back.
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[18:58.960 --> 18:59.960]  collectors now.
[18:59.960 --> 19:00.960]  Well, don't let nothing get to you.
[19:00.960 --> 19:01.960]  Only the power can deliver you.
[19:01.960 --> 19:11.840]  So don't let bad-minded people hurt you until they sit and get behind you.
[19:11.840 --> 19:18.840]  You know what I mean, my friend, when all are jacked, you'll do it, come on.
[19:18.840 --> 19:25.840]  Those things that hurt me crazy, telling you probably I'm lame, calling his name once
[19:25.840 --> 19:26.840]  again.
[19:26.840 --> 19:48.800]  Okay, folks, we're back, Eddie is recounting the tale of the TSA water bottle trial.
[19:48.800 --> 19:54.080]  This is out of control, this is totally over the top, I just want to make a comment before
[19:54.080 --> 19:56.480]  we go back to Eddie and the rest of the story.
[19:56.480 --> 20:03.440]  The prosecutor informed Mike within the last day or so that it's so far, it's cost the
[20:03.440 --> 20:17.880]  city of Austin over $80,000 to prosecute this case, not $1880, $80,000 to prosecute Mike
[20:17.880 --> 20:22.480]  over a water bottle in the airport.
[20:22.480 --> 20:31.680]  And not only that, and to recover a dollar, okay, this is, if this is not clear indication
[20:31.680 --> 20:38.480]  that our legal system and our public servants have gone completely crazy and completely
[20:38.480 --> 20:42.120]  out of control, I don't know what is.
[20:42.120 --> 20:49.360]  I mean, and it's all about the control, it's all about the control, they're control freaks,
[20:49.360 --> 20:53.840]  they have to control every little teeny tiny aspect of our lives and we're not going to
[20:53.840 --> 20:55.480]  put up with it.
[20:55.480 --> 21:02.200]  I mean, they will run this country into the ground just to, they'll bankrupt all of us
[21:02.200 --> 21:07.680]  just to be able to tell us what to do and when and what we can bring into the airport
[21:07.680 --> 21:08.680]  and not.
[21:08.680 --> 21:09.680]  I've had it, man.
[21:09.680 --> 21:16.040]  I mean, this is outrageous, this is infuriating, okay, anyways, I just had to rant on that.
[21:16.040 --> 21:17.480]  Go ahead, Eddie.
[21:17.480 --> 21:24.260]  Okay, now, as I was stating, I've gotten on a first name basis with four of these city
[21:24.260 --> 21:34.040]  marshals and while Mary was talking to this reporter on the phone about what this email
[21:34.040 --> 21:41.600]  contained that Judge Statman had sent out saying how these staff members had misinterpreted
[21:41.600 --> 21:49.720]  and misunderstood or misapplied her instructions, I was begging Mary to have this gentleman
[21:49.720 --> 21:56.560]  send me a copy of that email because the first thing I'm going to do with it is go visit
[21:56.560 --> 22:03.200]  these four city marshals and I'm going to say, do you recall the directives you were
[22:03.200 --> 22:08.800]  given about you were supposed to keep all media out of this courtroom and that was a
[22:08.800 --> 22:16.240]  direct order from the magistrate, Judge Statman, and I know they're going to say yes, that's
[22:16.240 --> 22:22.800]  exactly what we were told and I said, now, let me show you the kind of person you're
[22:22.800 --> 22:30.760]  obeying when it comes to who's going to be held accountable.
[22:30.760 --> 22:37.520]  Here's an email Judge Statman sent to this reporter saying that it was you guys that
[22:37.520 --> 22:43.000]  was preventing the entrance of the media without her instructions.
[22:43.000 --> 22:50.560]  She has just taken the directive she's given you, pinned it to your forehead and pushed
[22:50.560 --> 22:55.320]  you into oncoming traffic.
[22:55.320 --> 23:03.920]  She is perfectly willing to sacrifice you and your job to save hers and this is who
[23:03.920 --> 23:10.960]  orders that you are enforcing every single day to violate the rights of the people in
[23:10.960 --> 23:13.880]  this city and of this state.
[23:13.880 --> 23:16.840]  What do you guys think about that?
[23:16.840 --> 23:21.800]  How is this going to affect your working relationship to know that every judge in this building
[23:21.800 --> 23:28.480]  is perfectly willing to throw you to the wolves to save their own butt, especially when they're
[23:28.480 --> 23:35.160]  the one that ordered you to commit the act that is making them accountable and they're
[23:35.160 --> 23:40.800]  trying to pass the butt to you?
[23:40.800 --> 23:49.080]  I want to see how they're going to react to this because this is exactly what Randy's
[23:49.080 --> 23:51.320]  talking about, folks.
[23:51.320 --> 24:00.040]  When you go after the innocent to get to the guilty, this is a perfect example of how these
[24:00.040 --> 24:11.120]  criminal judges are willing to set up their own co-workers if it will save their butt
[24:11.120 --> 24:18.000]  from an order they knew was illegal when they made it.
[24:18.000 --> 24:19.560]  This is what's going on.
[24:19.560 --> 24:22.600]  There's no question about it.
[24:22.600 --> 24:26.080]  It's now a matter of official record.
[24:26.080 --> 24:27.640]  Why?
[24:27.640 --> 24:35.520]  Because Judge Statman was ignorant enough to tell the court reporter to record her instructions
[24:35.520 --> 24:46.480]  on the record so that she could use that record to hold any media personnel for contempt in
[24:46.480 --> 24:47.480]  her courtroom.
[24:47.480 --> 24:52.840]  She's going to have a tough time getting out of that one.
[24:52.840 --> 24:53.840]  It's going to bury her.
[24:53.840 --> 24:54.840]  What was that, Deborah?
[24:54.840 --> 24:55.840]  I'm sorry.
[24:55.840 --> 24:56.840]  I didn't mean to interrupt you.
[24:56.840 --> 25:02.160]  I was just going to say she's going to have a tough time getting out of that one.
[25:02.160 --> 25:03.160]  Wait a minute.
[25:03.160 --> 25:06.160]  They have a problem.
[25:06.160 --> 25:09.640]  The court recorder has a hearing problem.
[25:09.640 --> 25:11.200]  Not this one.
[25:11.200 --> 25:15.200]  This one doesn't have selective hearing problems like the others?
[25:15.200 --> 25:16.800]  No, she doesn't.
[25:16.800 --> 25:18.080]  Are you sure about that?
[25:18.080 --> 25:22.440]  Yes, because I could see her computer screen from where I was sitting all day long.
[25:22.440 --> 25:24.640]  That doesn't mean anything.
[25:24.640 --> 25:28.080]  They redacted in some other much other cases.
[25:28.080 --> 25:32.240]  Well, they're kind of going to have a hard time with that considering the number of recorders
[25:32.240 --> 25:35.240]  that were working in the room that day.
[25:35.240 --> 25:40.200]  Good.
[25:40.200 --> 25:46.880]  So this is exactly plus the fact that there were numerous individuals in that courtroom
[25:46.880 --> 25:52.000]  that specifically heard this directive on both days.
[25:52.000 --> 25:58.640]  There was no mistake made as to what it was intended to do and what the statement was
[25:58.640 --> 26:01.800]  that these officers were to enforce.
[26:01.800 --> 26:05.640]  There is no question.
[26:05.640 --> 26:12.760]  This is just another one of those things that Mike can use to go after his void judgment.
[26:12.760 --> 26:15.120]  Now let's consider what they did.
[26:15.120 --> 26:21.560]  They charged him under a city ordinance from which all appearances there is no state law
[26:21.560 --> 26:24.120]  behind this ordinance.
[26:24.120 --> 26:29.240]  That right there nullifies the ordinance nine ways from Sunday.
[26:29.240 --> 26:35.880]  No ordinance can be treated as law without the force of law behind it and even if it
[26:35.880 --> 26:45.360]  could, if they're only charging under the ordinance they cannot use it against the people
[26:45.360 --> 26:49.920]  because the ordinance itself is not and cannot be law.
[26:49.920 --> 26:52.080]  We've covered this many times.
[26:52.080 --> 26:58.640]  Article three, section 29, all law shall have the following enacting clause.
[26:58.640 --> 27:02.600]  It must be enacted by the legislature.
[27:02.600 --> 27:09.960]  All laws must be passed by bill and bills can only be created and started through the
[27:09.960 --> 27:16.240]  process in one of the two houses of the legislature.
[27:16.240 --> 27:27.640]  It is utterly constitutionally impossible for a municipality or a county to create law.
[27:27.640 --> 27:36.440]  That be done under the Texas Constitution and these people still think an ordinance
[27:36.440 --> 27:39.920]  is law.
[27:39.920 --> 27:47.560]  Now these are edumacated, judicially trained, I would like to say people but that would
[27:47.560 --> 27:52.880]  just be a complete misrepresentation of the facts.
[27:52.880 --> 28:00.200]  They believe themselves the elite at who they are and what they do and they are by far the
[28:00.200 --> 28:09.640]  most ignorant about what involves their authority and how it was created and what they can do
[28:09.640 --> 28:16.880]  with it than anyone that has anything to do with the justice system.
[28:16.880 --> 28:26.280]  Okay, I'm telling you these people astound me.
[28:26.280 --> 28:31.320]  Now here's the other thing that makes this avoidable judgment right off the bat other
[28:31.320 --> 28:39.760]  than lack of jurisdiction, no actual criminal charge based upon law, okay.
[28:39.760 --> 28:44.240]  There was no information, we know that's a requirement, the statute says it's a requirement,
[28:44.240 --> 28:49.760]  the constitution says it's a requirement, everything in law says it's a requirement
[28:49.760 --> 28:56.640]  except for those that are supposed to enforce the law.
[28:56.640 --> 29:04.040]  But by depriving Mike of his due process, they blew the whole procedure from the beginning.
[29:04.040 --> 29:09.000]  Let's see, Judge Jenkins threatens to shove a judicial order down his throat.
[29:09.000 --> 29:16.000]  You have a municipal court judge that has threatened to physically harm a defendant
[29:16.000 --> 29:26.720]  in a criminal case in front of him when all the defendant did was ask a question.
[29:26.720 --> 29:32.040]  This is the attitude these people have, I can say what I want, I can do what I want
[29:32.040 --> 29:35.920]  because I'm a judge.
[29:35.920 --> 29:40.920]  Black road terrorists, people we gotta solve this, we gotta make these people realize they
[29:40.920 --> 29:47.280]  aren't God, they aren't anything more than somebody that doesn't know how to dress themselves
[29:47.280 --> 29:48.280]  on a daily basis.
[29:48.280 --> 29:54.720]  Hang on folks, we're going to break this rule of law radio, Eddie Craig, Deborah Stevens,
[29:54.720 --> 30:01.280]  Randy Kelton, we will be right back after the break.
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[30:32.160 --> 30:35.800]  I know eating broccoli is good for you, but would you wear it to the beach?
[30:35.800 --> 30:37.960]  You just might want to when you hear the latest research.
[30:37.960 --> 30:42.280]  I'm Dr. Catherine Albrecht and I'll share a surprising new use for this vegetable in
[30:42.280 --> 30:43.640]  just a moment.
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[31:14.200 --> 31:18.880]  Broccoli is loaded with vitamins, minerals and fiber and it tastes great in so many ways.
[31:18.880 --> 31:23.680]  Personally, I love mine sauteed with garlic and soy sauce, but now scientists say we might
[31:23.680 --> 31:27.560]  want to slather its juice on our bodies, I'm not joking.
[31:27.560 --> 31:31.480]  Researchers at Johns Hopkins University found that broccoli juice provides better defense
[31:31.480 --> 31:35.640]  against the sun's ultraviolet rays than name-brand sunscreens.
[31:35.640 --> 31:37.960]  Broccoli juice works differently than sunscreen.
[31:37.960 --> 31:42.760]  It doesn't prevent rays from entering the skin, rather it prompts the body to produce enzymes
[31:42.760 --> 31:47.200]  that protect the skin against cell damage that ages the skin and can lead to cancer.
[31:47.200 --> 31:51.720]  As a bonus, the juice continues working for several days, even after it's been washed
[31:51.720 --> 31:52.720]  away.
[31:52.720 --> 31:59.720]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:22.720 --> 32:46.360]  Alright folks, we are back, this is Rule of Law Radio, Randy Kelton, Debra Stevens, Eddie
[32:46.360 --> 32:47.360]  Craig.
[32:47.360 --> 32:50.400]  Okay, we are reiterating the story of Mike Handel's case today.
[32:50.400 --> 32:54.200]  We do have callers that are wanting to get in, so give us just a couple more minutes
[32:54.200 --> 32:57.840]  folks, hang in there and we will get to taking your calls here in just a second.
[32:57.840 --> 33:02.240]  This is just some important information regarding this issue that we need to get out.
[33:02.240 --> 33:07.840]  Now another thing about Mike's case is that through this entire process, virtually every
[33:07.840 --> 33:14.040]  single magistrate he's appeared before, and Mike has brought up due process violations,
[33:14.040 --> 33:19.120]  these magistrates have made it very clear, yes we're aware that's a due process violation
[33:19.120 --> 33:26.280]  or we don't care that it's a due process violation, you take that up on appeal.
[33:26.280 --> 33:29.280]  Here's the problem with this attitude.
[33:29.280 --> 33:36.760]  By not allowing due process violations to be addressed, that is upon its face a direct
[33:36.760 --> 33:42.080]  act of denial of due process in and of itself.
[33:42.080 --> 33:49.040]  Also the Supreme Court has said on numerous occasions that a defendant in a criminal case
[33:49.040 --> 33:57.800]  is entitled to due process at every stage of the proceeding, not just on appeal, not
[33:57.800 --> 34:06.420]  just when the judge feels like giving it to them, but every single stage of the process.
[34:06.420 --> 34:13.360]  From the moment he's arrested to the moment he's either found innocent or guilty, he has
[34:13.360 --> 34:16.880]  the right of due process.
[34:16.880 --> 34:27.640]  Appeals courts are openly, knowingly refusing to give a defendant due process.
[34:27.640 --> 34:33.280]  They simply pass it up the chain to the appeals court.
[34:33.280 --> 34:34.800]  Why would they do this?
[34:34.800 --> 34:39.720]  Well let's take a real quick summarization of how they do this and why they think they
[34:39.720 --> 34:42.240]  can get away with it.
[34:42.240 --> 34:49.560]  Those are the misapplication of the statutes wherein they say that in order to get an appeal,
[34:49.560 --> 34:57.720]  the individual seeking the appeal must post a bond double the amount of the fines levied
[34:57.720 --> 35:01.240]  in the original case.
[35:01.240 --> 35:04.680]  Well there's a problem with that for two reasons.
[35:04.680 --> 35:12.400]  One, that denies the appeal to anyone without the money to pay this bond.
[35:12.400 --> 35:20.280]  Two, this is a process reserved strictly for fine only offenders.
[35:20.280 --> 35:26.900]  Nobody else is required to post a bond to seek an appeal.
[35:26.900 --> 35:30.000]  The law does not require this.
[35:30.000 --> 35:31.200]  Why?
[35:31.200 --> 35:35.760]  Because the case law associated with that particular statute says very clearly that
[35:35.760 --> 35:44.360]  bond can only be collected after the appeal and then it's a moot point.
[35:44.360 --> 35:49.600]  Because the only thing it can be collected for at that point is to pay whatever the findings
[35:49.600 --> 35:59.560]  are as far as the final determination of the fine, which still can't be double the amount.
[35:59.560 --> 36:06.040]  It can be different, but it still wouldn't amount to double.
[36:06.040 --> 36:16.800]  So by doing this, they virtually ensure that the accused cannot seek an appeal.
[36:16.800 --> 36:22.640]  And when they cannot seek that appeal, they've lost.
[36:22.640 --> 36:28.680]  They can't address the due process violations because the appeal is denied for lack of payment
[36:28.680 --> 36:31.360]  of the bond.
[36:31.360 --> 36:39.920]  It is on its face and in its entirety a totally rigged system meant to deprive you of your
[36:39.920 --> 36:48.480]  rights and separate you from your money in the most expedient manner possible.
[36:48.480 --> 36:52.600]  Mike made sure that didn't happen in his case.
[36:52.600 --> 37:00.680]  And he certainly made sure that the fine and the court costs, which was a total of $71,
[37:00.680 --> 37:07.440]  a dollar fine by the jury and $70 by the judge of the court for court costs.
[37:07.440 --> 37:20.320]  Folks, the city of Austin spent over $80,000 of your hard-won stolen tax dollars to prosecute
[37:20.320 --> 37:29.360]  an idiotic charge made by a municipal police officer simply because an individual made
[37:29.360 --> 37:33.480]  the statement, I don't want you to pat me down.
[37:33.480 --> 37:37.320]  He didn't say he refused to be patted down.
[37:37.320 --> 37:41.200]  He simply stated what the majority of air travelers are thinking.
[37:41.200 --> 37:45.320]  I don't want you groping my body.
[37:45.320 --> 37:54.960]  And the officer charged him with circumventing and inspection at the airport.
[37:54.960 --> 37:57.600]  That's what he got charged with.
[37:57.600 --> 37:58.960]  Initially it was assault.
[37:58.960 --> 38:03.480]  And yet through this entire case, not a single person ever said Mike offered to even so much
[38:03.480 --> 38:07.440]  as touch him.
[38:07.440 --> 38:13.940]  This is the steps they will go through to keep us under their thumb, to get us fearful
[38:13.940 --> 38:20.840]  of being prosecuted for this kind of crap and eating up our time and our money.
[38:20.840 --> 38:23.560]  They don't care about what they cost the individual.
[38:23.560 --> 38:24.560]  They don't care.
[38:24.560 --> 38:28.800]  They spent $80,000 to make $71.
[38:28.800 --> 38:30.880]  Why?
[38:30.880 --> 38:38.520]  Because they average 50-some-odd thousand citations a year in this city according to
[38:38.520 --> 38:43.120]  the municipal treasury records.
[38:43.120 --> 38:53.600]  And in those citations, you consider that the fine on average is between $150 and $500
[38:53.600 --> 38:56.680]  anywhere within that range.
[38:56.680 --> 39:01.360]  How much money does that add up to per year?
[39:01.360 --> 39:08.840]  And you think they're worried about the $80,000 when it ensures the other $100,000 tickets
[39:08.840 --> 39:12.720]  are just paid instead of fought?
[39:12.720 --> 39:14.400]  They don't care.
[39:14.400 --> 39:15.400]  That's why.
[39:15.400 --> 39:21.640]  It ensures the compliance and control over the rest of the population not to spend seven
[39:21.640 --> 39:30.440]  months in court fighting a stupid charge.
[39:30.440 --> 39:33.200]  So those are your two issues, folks.
[39:33.200 --> 39:35.680]  Revenue and control of the people.
[39:35.680 --> 39:38.600]  That's all it's about.
[39:38.600 --> 39:45.280]  That didn't harm a soul, but they made him feel like he had done everything but butcher
[39:45.280 --> 39:49.520]  children in the airport terminal.
[39:49.520 --> 39:52.960]  Just to make an example out of him for the rest of the people that are down there in
[39:52.960 --> 40:00.680]  that lobby day in and day out, ringing up that cash register number.
[40:00.680 --> 40:06.000]  If you don't believe that, get yourself a citation.
[40:06.000 --> 40:08.320]  This is absolutely infuriating.
[40:08.320 --> 40:12.720]  Watch the games begin, because that's what's going to happen.
[40:12.720 --> 40:22.520]  Yeah, Jerry and I call the municipal court now the Austin Municipal Railroad Company.
[40:22.520 --> 40:26.200]  Yeah, that's pretty much what it is.
[40:26.200 --> 40:29.560]  You know what was extremely funny was while these reporters down there, I was trying to
[40:29.560 --> 40:35.480]  get them to get a shot of all of the court clerk windows there, because all the clerks
[40:35.480 --> 40:39.660]  in the lobby of the municipal court building have numbers over them.
[40:39.660 --> 40:43.720]  These are nothing but teller lanes, okay?
[40:43.720 --> 40:47.040]  You have court clerks sitting up there doing nothing but, come forward, pay your money,
[40:47.040 --> 40:49.380]  come forward, pay your money, come forward, pay your money.
[40:49.380 --> 40:57.080]  Now serving number 86, $375 fine, please bring it forward.
[40:57.080 --> 41:05.720]  You hear that over and over and over the entire day long.
[41:05.720 --> 41:08.880]  That's what they're doing, people, robbing you blind.
[41:08.880 --> 41:16.040]  It's all about robbing people blind and controlling every little tiny aspect of our entire lives.
[41:16.040 --> 41:19.480]  That's all it is about.
[41:19.480 --> 41:24.080]  Depriving us of our property, depriving us of our money, depriving us of our rights,
[41:24.080 --> 41:27.560]  turning us into chattel, turning us into- It's illegal tax revenue.
[41:27.560 --> 41:32.280]  They're using the citations to tax us extrajudicially.
[41:32.280 --> 41:38.080]  They're trying to implement the new serfdom, it's outrageous.
[41:38.080 --> 41:44.320]  Yeah, serfdom by citation, that would be a good name for it.
[41:44.320 --> 41:47.800]  Well what can Mike do at this point now?
[41:47.800 --> 41:55.280]  My recommendation to Mike was that he create a motion to void judgment with an order and
[41:55.280 --> 42:05.880]  find this district judge who is well aware of the activities of the municipal court judge.
[42:05.880 --> 42:13.640]  And when he finds him, go to his courtroom, submit this motion and say, judge, here is
[42:13.640 --> 42:18.320]  all of the documentation on the due process violations that began from beginning to end
[42:18.320 --> 42:23.440]  in my case and I guarantee you in every other case that's preceded me in that court throughout
[42:23.440 --> 42:24.440]  its history.
[42:24.440 --> 42:32.440]  You know, if he appeals this, he's going to have to put up an appeal bond of two dollars.
[42:32.440 --> 42:33.440]  Exactly.
[42:33.440 --> 42:40.240]  But the good thing here is because of the due process, he doesn't have to worry about
[42:40.240 --> 42:42.320]  appeal within 10 days.
[42:42.320 --> 42:49.600]  He can simply go directly to a district judge and demand a void judgment.
[42:49.600 --> 42:58.200]  Then he has a clear sailing run at the municipal court system, the judges in that system, every
[42:58.200 --> 43:05.120]  single body that was in that courtroom that was operating on their side of the bar can
[43:05.120 --> 43:06.120]  be sued.
[43:06.120 --> 43:11.720]  Oh, you're talking about Mike suing as a plaintiff in the district court to void, to ask for
[43:11.720 --> 43:12.720]  a no.
[43:12.720 --> 43:17.160]  He has a void judgment if he just goes in and makes the argument in his motion, but
[43:17.160 --> 43:23.880]  except from that, he would then have a malicious prosecution lawsuit against everybody at that
[43:23.880 --> 43:25.360]  municipal court building.
[43:25.360 --> 43:30.200]  I hope you're going to get everybody who was there to file a judicial conduct complaint.
[43:30.200 --> 43:31.200]  Yes, we are.
[43:31.200 --> 43:32.200]  That would be awesome.
[43:32.200 --> 43:37.960]  There's a minimum of nine for each magistrate I can think of right now, plus they're all
[43:37.960 --> 43:44.080]  attorneys, so that's nine bar grievances apiece as well.
[43:44.080 --> 43:45.080]  Time to hit them hard.
[43:45.080 --> 43:47.080]  Time to hit them hard, people.
[43:47.080 --> 43:49.160]  We can't put up with this anymore.
[43:49.160 --> 43:51.560]  The situation's getting dire.
[43:51.560 --> 43:55.560]  We have to push back and we have to push back hard.
[43:55.560 --> 43:59.960]  We'll be right back, folks.
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[46:18.720 --> 46:24.440]  Okay, folks, we are back, we're going to start taking your calls.
[46:24.440 --> 46:27.640]  Eddie, you did have an announcement first.
[46:27.640 --> 46:35.720]  Yes, folks, tomorrow we are having our seminar at Brave New Books, Mike has graciously allowed
[46:35.720 --> 46:41.520]  me to use his case as an example for what we're going over tomorrow.
[46:41.520 --> 46:45.160]  Tomorrow is going to be your day in court.
[46:45.160 --> 46:51.460]  We are going to talk about how to lay foundations for introduction of testimony, how to lay
[46:51.460 --> 46:57.800]  foundations for introduction of evidence, how to prepare for pretrial, what issues to
[46:57.800 --> 47:04.760]  bring up, how to go after the judge for violations of due process to ensure that once they ignore
[47:04.760 --> 47:10.560]  them, they haven't ignored them outside of the record.
[47:10.560 --> 47:18.120]  We're going to get them to violate your rights at every single turn on the record, okay?
[47:18.120 --> 47:21.520]  But tomorrow is going to be about how to do this.
[47:21.520 --> 47:26.920]  So please, if you haven't been to one of these, this is one you want to come to, because if
[47:26.920 --> 47:31.680]  you're hanging around this city, odds are you're going to get a chance to use it before
[47:31.680 --> 47:33.480]  long.
[47:33.480 --> 47:39.800]  So tomorrow, Brave New Books, three to six, $20 per person cover charge, but please come
[47:39.800 --> 47:40.800]  down.
[47:40.800 --> 47:43.480]  I promise you it'll be worth it.
[47:43.480 --> 47:46.000]  Okay.
[47:46.000 --> 47:48.040]  Let's move on now to the calls.
[47:48.040 --> 47:49.840]  Thank you all for patiently holding.
[47:49.840 --> 47:51.400]  We've got Larry in Missouri.
[47:51.400 --> 47:52.960]  Larry, thanks for calling in.
[47:52.960 --> 47:54.920]  What is your question or comment tonight?
[47:54.920 --> 47:55.920]  Hi.
[47:55.920 --> 47:58.760]  Good evening, Deborah, Eddie, and Randy.
[47:58.760 --> 48:03.120]  Calling from Missouri, and I called in about maybe a month ago, more or less, I spoke to
[48:03.120 --> 48:13.040]  Eddie concerning, I was pulled over for a window tinting, I received a window tint citation,
[48:13.040 --> 48:23.640]  and just brief on what happened, got issued a citation, 39 days, paid within 39 days by
[48:23.640 --> 48:30.200]  mail, plead slash pay by mail, or plead guilty by mail.
[48:30.200 --> 48:33.800]  Either way, both was by mail.
[48:33.800 --> 48:41.040]  Sent a letter to the, well, this is what I did, I wanted you guys can tell me what you
[48:41.040 --> 48:44.280]  think I should have done, or did wrong, or did right.
[48:44.280 --> 48:50.600]  Sent a letter back to the fine collection center, the place addressed in the envelope
[48:50.600 --> 48:57.560]  informing them that I cannot enter a plea based on the Missouri constitution, the nature
[48:57.560 --> 48:58.560]  and cause.
[48:58.560 --> 49:04.160]  And here I was reading the Missouri, the code of criminal procedures for misdemeanors and
[49:04.160 --> 49:07.440]  the requirements for entering a plea.
[49:07.440 --> 49:15.160]  So based on that, asked them that I cannot enter a plea based on these requirements.
[49:15.160 --> 49:20.080]  They pretty much ignored what I was asking them, sent me back another envelope basically
[49:20.080 --> 49:21.800]  to send my money again.
[49:21.800 --> 49:28.900]  So I sent another letter, certified letter, back to them, and I courtesy copied the attorney
[49:28.900 --> 49:36.400]  general for the state, same thing, asking the same questions again, and I have not heard
[49:36.400 --> 49:38.600]  back from them this time.
[49:38.600 --> 49:47.000]  And the 39 days is about to expire I believe Monday or Tuesday, so I assume that I will
[49:47.000 --> 49:52.480]  have a warrant out for my arrest now because according to them I failed to pay or enter
[49:52.480 --> 49:59.480]  a plea, or according to what they had on that letter, on that envelope that the trooper
[49:59.480 --> 50:01.800]  gave me initially.
[50:01.800 --> 50:07.480]  So I guess this is a two part question, number one, did I make a mistake or did I do something
[50:07.480 --> 50:13.680]  different corresponding first, trying to get nature and cause through this fine processing
[50:13.680 --> 50:20.880]  center because I was the only point of contact I had at the time, I guess is my first question.
[50:20.880 --> 50:28.040]  Second question, if I do get a warrant out for my arrest, obviously I'm not going to
[50:28.040 --> 50:31.520]  let this thing linger, something I want to, what would be the best way I guess if I do
[50:31.520 --> 50:36.600]  have a warrant out for my arrest to address the situation, obviously take the initiative
[50:36.600 --> 50:41.640]  and show up to the sheriff, to the courthouse.
[50:41.640 --> 50:47.960]  Okay, well the first thing is, if I'm recalling correctly, the window tint on your car was
[50:47.960 --> 50:52.200]  actually done in another state before you moved to the one you're in now.
[50:52.200 --> 50:53.200]  Yes.
[50:53.200 --> 50:54.200]  Okay.
[50:54.200 --> 50:57.160]  Their problem is, as I described before, kind of compound.
[50:57.160 --> 51:02.200]  The first one is, is they cannot require you to make an alteration to your property just
[51:02.200 --> 51:05.400]  for the simple purpose of relocating to that state.
[51:05.400 --> 51:06.400]  Right.
[51:06.400 --> 51:09.200]  They can't make such a mandate, all right?
[51:09.200 --> 51:10.200]  Yes.
[51:10.200 --> 51:15.360]  Okay, the other thing here is that what I would do, you've done great, what you've
[51:15.360 --> 51:17.080]  done is good.
[51:17.080 --> 51:22.240]  Make sure everything you send, however, is certified mail return receipt requested.
[51:22.240 --> 51:23.240]  Okay.
[51:23.240 --> 51:28.240]  What I would do at this point is send a follow-up letter stating that you have been corresponded
[51:28.240 --> 51:31.520]  with twice regarding this issue.
[51:31.520 --> 51:38.600]  You have not given me the requested information in compliance with the Missouri Constitution
[51:38.600 --> 51:44.600]  and the Missouri statutes, and make sure that you, again, certified mail return receipt
[51:44.600 --> 51:52.120]  requested, cc the attorney general, and make sure that both letters assert that you have
[51:52.120 --> 52:00.240]  cc'd the attorney general, and that you desire an answer from both the attorney general and
[52:00.240 --> 52:05.680]  from this collection site in regards to this issue.
[52:05.680 --> 52:11.920]  The other thing I would recommend you do is look in the statutes to see what they are
[52:11.920 --> 52:19.240]  required to do as far as providing you notice on the citation as to where to make your appearance.
[52:19.240 --> 52:24.260]  If you're saying that the only place they could send you to was mail only, and it is
[52:24.260 --> 52:31.200]  not actually a courthouse or something of that nature, and the statute requires that
[52:31.200 --> 52:38.200]  it be so, then they violated another law in the state of Missouri, and that is providing
[52:38.200 --> 52:42.000]  you with a proper place to make an appearance.
[52:42.000 --> 52:43.480]  Okay.
[52:43.480 --> 52:48.080]  Address that issue in your follow-up letter as well.
[52:48.080 --> 52:54.640]  Okay, I will do that.
[52:54.640 --> 52:59.800]  While the letters and everything is being sent and answered, if it's answered, in the
[52:59.800 --> 53:06.200]  meantime, though... Make photocopies of everything you sent and everything you were given.
[53:06.200 --> 53:11.320]  Keep that in your automobile, but under no circumstances are you to keep the originals
[53:11.320 --> 53:14.640]  of anything you've done in that automobile.
[53:14.640 --> 53:22.560]  You keep those at home, but you make photocopies of where you have tried to comply with everything,
[53:22.560 --> 53:27.520]  and if you get arrested, you make sure that those copies are given to whatever officer
[53:27.520 --> 53:33.480]  is there, and you tell him, this is now evidence in this stop and arrest.
[53:33.480 --> 53:40.080]  You better protect it with your life, because we will be using this again later at court.
[53:40.080 --> 53:42.120]  Okay, very good.
[53:42.120 --> 53:48.760]  In the meantime, though, I guess my question is, do I wait?
[53:48.760 --> 53:55.160]  If there is a warrant issue, do I wait... Well, the problem is, if they issue one, you won't
[53:55.160 --> 53:56.160]  know it.
[53:56.160 --> 53:57.160]  Exactly.
[53:57.160 --> 54:03.240]  Every state requires that that warrant remain non-public knowledge until it has been executed,
[54:03.240 --> 54:08.520]  and by executed, it means fulfilled with your arrest or withdrawn by the magistrate.
[54:08.520 --> 54:14.360]  Now, in Texas, with traffic tickets, they send you a little green postcard to let you
[54:14.360 --> 54:19.160]  know that if you don't pay or do whatever they want you to do by a certain date, that
[54:19.160 --> 54:22.920]  a warrant will be issued, and so you see it coming.
[54:22.920 --> 54:27.080]  In Texas, they let you know about the warrants, pretty much, with traffic tickets.
[54:27.080 --> 54:32.160]  Maybe not for other criminal issues, but I don't know about Missouri, though.
[54:32.160 --> 54:40.640]  Okay, do you think it would be an unwise idea to go to the sheriff's office of the county
[54:40.640 --> 54:46.840]  that it happened in, and turn yourself in, so to speak, or just take the initiative to
[54:46.840 --> 54:53.640] ... My thing is, I don't want to be traveling with my family weeks down the road, and then
[54:53.640 --> 54:57.320]  be stopped, and having to go through the whole ordeal with my family, I'd rather just do
[54:57.320 --> 54:58.320]  it by myself.
[54:58.320 --> 55:06.880]  Well, that's true, and that gives you opportunity to prepare for that, and that's entirely up
[55:06.880 --> 55:12.800]  to you, but in this particular case, you can just simply call it out here and say, look,
[55:12.800 --> 55:16.880]  if I have a warrant from me, I'm perfectly willing to come down and turn myself in to
[55:16.880 --> 55:17.880]  you.
[55:17.880 --> 55:21.560]  Just tell me yes or no, and I'll come right down.
[55:21.560 --> 55:29.600]  Then you'll know, but the issue here is going to be for them that, again, when you go, you
[55:29.600 --> 55:35.560]  take the documentation with you that you make a copy of and keep in your car, just in case
[55:35.560 --> 55:38.120]  you are arrested.
[55:38.120 --> 55:41.920]  If you go down there to turn yourself in, you take that with you, and you repeat that
[55:41.920 --> 55:42.920]  process.
[55:42.920 --> 55:44.520]  Here, take this.
[55:44.520 --> 55:50.720]  You guard it, because it's evidence, and it's going to have to appear in court.
[55:50.720 --> 55:55.400]  May I ask one more question, please?
[55:55.400 --> 56:03.600]  Okay, so I'll do the letter, and I'll include about the requirements for a pairing.
[56:03.600 --> 56:10.120]  Hypothetically, they don't answer that, or let's say those requirements are set as far
[56:10.120 --> 56:14.080]  as a proper procedure, and that they violated or they ignored those procedures.
[56:14.080 --> 56:17.600]  There's a warrant now, I do get arrested.
[56:17.600 --> 56:25.440]  Now, that opens up a... They are pretty much opening themselves up for violation of rights,
[56:25.440 --> 56:26.440]  I assume.
[56:26.440 --> 56:32.120]  Not I assume, I know, but I just don't know what type of remedy would I have now, because
[56:32.120 --> 56:37.040]  not only do I have to deal with this initial citation, now I have to deal with the whole,
[56:37.040 --> 56:38.040]  the issue of the warrant.
[56:38.040 --> 56:43.520]  That's true, but in this particular case, you can seek of... Most likely, most states
[56:43.520 --> 56:49.240]  have the ability to do a void judgment over violation of the right of due process.
[56:49.240 --> 56:52.000]  Now, remember this.
[56:52.000 --> 56:58.120]  Every single law the legislature makes regarding due process is not the law of the land as
[56:58.120 --> 57:00.880]  what constitutes due process.
[57:00.880 --> 57:04.440]  The courts have said over and over again, that's not the way it works.
[57:04.440 --> 57:07.800]  Even Texas cases say that's not the way it works.
[57:07.800 --> 57:12.440]  If the legislature could pass any act and make it the law of the land, the constitution
[57:12.440 --> 57:15.600]  in and of itself is useless.
[57:15.600 --> 57:21.640]  It means nothing because they can create whatever they want to consider the law of the land.
[57:21.640 --> 57:27.040]  Every act they pass does not necessarily become the law of the land, nor does it become the
[57:27.040 --> 57:34.160]  sole achievable means of obtaining due process.
[57:34.160 --> 57:38.160]  Whatever they do, you're going to be in for a fight because this is their main revenue
[57:38.160 --> 57:41.040]  stream these days, or at least one of them.
[57:41.040 --> 57:44.120]  It's like cutting an artery that supplies the brain.
[57:44.120 --> 57:53.080]  Nobody wants it to happen, and they'll do everything they can to fight to protect it.
[57:53.080 --> 57:56.880]  You're doing fine, as far as I can tell, based upon what you're telling me.
[57:56.880 --> 58:02.600]  Just don't stop reading and studying, and be prepared for the worst when it comes, it
[58:02.600 --> 58:03.600]  becomes.
[58:03.600 --> 58:04.600]  Right.
[58:04.600 --> 58:05.600]  Okay.
[58:05.600 --> 58:06.600]  Well, thanks a lot.
[58:06.600 --> 58:07.600]  All right.
[58:07.600 --> 58:08.600]  Appreciate it.
[58:08.600 --> 58:09.600]  You're welcome.
[58:09.600 --> 58:10.600]  All right.
[58:10.600 --> 58:16.600]  All right, folks, we've got one more hour on our four-hour info marathon here on Friday
[58:16.600 --> 58:19.600]  night, Friday the 14th.
[58:19.600 --> 58:20.800]  We've got more callers on the board.
[58:20.800 --> 58:25.720]  We've got Jim, Mark, Robin, Randy, Edward, just hang tight.
[58:25.720 --> 58:28.800]  We're going to get to all of your calls in the next hour.
[58:28.800 --> 58:35.200]  Folks, if you'd like to call in 512-646-1984, we will be right back after the top of the
[58:35.200 --> 59:00.320]  hour news, INN World Report.
[59:00.320 --> 59:05.760]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[59:05.760 --> 59:08.540]  because they struggle to understand it.
[59:08.540 --> 59:13.920]  Some new translations try to help by simplifying the text, but in the process can compromise
[59:13.920 --> 59:17.160]  the profound meaning of the scripture.
[59:17.160 --> 59:18.960]  Enter the recovery version.
[59:18.960 --> 59:24.880]  First, this new translation is extremely faithful and accurate, but the real story is the more
[59:24.880 --> 59:28.600]  than 9,000 explanatory footnotes.
[59:28.600 --> 59:33.800]  Most profound passages are opened up in a marvelous way, providing an entrance into
[59:33.800 --> 59:38.280]  the riches of the Word beyond which you've ever experienced before.
[59:38.280 --> 59:43.440]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:43.440 --> 59:53.880]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:53.880 --> 59:57.960]  or by ordering online at freestudybible.com.
[59:57.960 --> 01:00:04.840]  This news brief brought to you by the International News Net.
[01:00:04.840 --> 01:00:08.960]  Researchers have found toxic industrial chemicals in pregnant U.S. women.
[01:00:08.960 --> 01:00:14.000]  A University of California, San Francisco study released Friday uncovered traces of
[01:00:14.000 --> 01:00:19.780]  pesticides, ethers, flame retardants and other chemicals in the blood and urine of every
[01:00:19.780 --> 01:00:21.800]  pregnant woman tested.
[01:00:21.800 --> 01:00:26.920]  Lead author Tracy Woodruff said the research showed how easily these toxic substances,
[01:00:26.920 --> 01:00:33.080]  many of them banned in the 1970s, have endured in the environment and in human bodies.
[01:00:33.080 --> 01:00:38.480]  The American Civil Liberties Union argued before the U.S. Circuit Court of Appeals Thursday
[01:00:38.480 --> 01:00:44.800]  Iraqis and Afghans tortured while U.S. Defense Secretary Donald Rumsfeld was in command should
[01:00:44.800 --> 01:00:46.800]  have their day in court.
[01:00:46.800 --> 01:00:51.820]  The court previously ruled in a similar case Rumsfeld and others were immune from such
[01:00:51.820 --> 01:00:54.400]  suits because they were government officials.
[01:00:54.400 --> 01:01:00.040]  But ACLU's arguments were repeatedly rebuffed by the court.
[01:01:00.040 --> 01:01:06.060]  Ephraim Diveroli, a 25-year-old arms dealer whose company once boasted a 300 million dollar
[01:01:06.060 --> 01:01:11.760]  Pentagon munitions contract, was sentenced Monday to four years for trying to ship millions
[01:01:11.760 --> 01:01:15.920]  of rounds of Chinese-made ammunition to Afghan forces.
[01:01:15.920 --> 01:01:19.200]  Much of it was decades old and could have been faulty.
[01:01:19.200 --> 01:01:25.480]  But out on bail, Diveroli was arrested after attempting to broker another arms deal.
[01:01:25.480 --> 01:01:31.800]  New evidence based on geological records show large parts of the earth may be uninhabitable
[01:01:31.800 --> 01:01:35.720]  for thousands of years because of human-induced climate change.
[01:01:35.720 --> 01:01:41.320]  A new National Center for Atmospheric Research study predicts that if society continues burning
[01:01:41.320 --> 01:01:47.160]  fossil fuels at the present rate, atmospheric levels of carbon dioxide could rise from the
[01:01:47.160 --> 01:01:53.480]  current level of 390 parts per million to 1,000 by the end of the century.
[01:01:53.480 --> 01:01:59.080]  Temperatures could rise by more than 10 degrees Fahrenheit before 2100, too fast for species
[01:01:59.080 --> 01:02:00.080]  to adapt.
[01:02:00.080 --> 01:02:06.360]  The U.S. Environmental Protection Agency Thursday revoked the permit granted to the Spruce No.
[01:02:06.360 --> 01:02:08.600]  1 coal mine in West Virginia.
[01:02:08.600 --> 01:02:13.160]  The recalled permit would have allowed the mine operator to blast mountaintops covering
[01:02:13.160 --> 01:02:19.840]  over 2200 acres, dumping tons of mining waste into miles of waterways, killing aquatic life
[01:02:19.840 --> 01:02:22.160]  and compromising water quality.
[01:02:22.160 --> 01:02:27.480]  West Virginia's new Democratic Senator, Joe Manchin, ran a campaign showing him using
[01:02:27.480 --> 01:02:30.760]  EPA regulations in target practice.
[01:02:30.760 --> 01:02:36.480]  The much-anticipated decision brings to a close a 13-year struggle over the Spruce No.
[01:02:36.480 --> 01:02:37.480]  1 mine.
[01:02:37.480 --> 01:02:43.520]  The U.S. Army Corps of Engineers initially approved Arch Coal's project in 2007, and
[01:02:43.520 --> 01:02:48.600]  the EPA, then led by a George Bush appointee, did not object.
[01:02:48.600 --> 01:02:53.800]  The decision marked the first time in the EPA's 40-year history the agency recalled
[01:02:53.800 --> 01:02:56.480]  a previously issued permit.
[01:02:56.480 --> 01:03:19.320]  Coal mining already underway in other areas of the Spruce site continues.
[01:03:56.480 --> 01:04:26.200]  Okay, folks.
[01:04:26.200 --> 01:04:29.280]  We are back.
[01:04:29.280 --> 01:04:32.480]  And we are taking your calls.
[01:04:32.480 --> 01:04:34.400]  We're going to Jim in Washington.
[01:04:34.400 --> 01:04:37.320]  Jim, you have some questions about pre-litigation discovery.
[01:04:37.320 --> 01:04:38.320]  Yes, I do.
[01:04:38.320 --> 01:04:40.080]  First, I wanted to apologize for you.
[01:04:40.080 --> 01:04:42.200]  I did not mean to hang up on you earlier.
[01:04:42.200 --> 01:04:43.200]  Oh.
[01:04:43.200 --> 01:04:47.280]  I pushed the wrong button on the phone.
[01:04:47.280 --> 01:04:54.200]  My question is, how do you initiate pre-litigation discovery, and does it affect regular discovery
[01:04:54.200 --> 01:04:55.200]  later?
[01:04:55.200 --> 01:04:56.200]  Okay.
[01:04:56.200 --> 01:05:06.120]  First, you have to make sure you have access to pre-litigation discovery in what state
[01:05:06.120 --> 01:05:07.120]  were you in?
[01:05:07.120 --> 01:05:08.120]  Washington State.
[01:05:08.120 --> 01:05:09.120]  Washington State.
[01:05:09.120 --> 01:05:13.080]  Then if you do, you just send discovery to the other side, and then if the other side
[01:05:13.080 --> 01:05:20.760]  doesn't respond, then you petition the court for an order directing them to respond.
[01:05:20.760 --> 01:05:21.760]  Okay.
[01:05:21.760 --> 01:05:25.440]  So do you mean make sure I can initiate it?
[01:05:25.440 --> 01:05:28.560]  Make sure it's in the law.
[01:05:28.560 --> 01:05:29.560]  Oh, okay.
[01:05:29.560 --> 01:05:30.560]  Gotcha.
[01:05:30.560 --> 01:05:36.920]  And then another question I had is I've been going back and listening to past shows, and
[01:05:36.920 --> 01:05:40.320]  I keep hearing reference to not crossing the bar.
[01:05:40.320 --> 01:05:43.760]  What is the significance of that?
[01:05:43.760 --> 01:05:56.680]  Okay, well, the bar is the little barrier between the gallery and the court itself.
[01:05:56.680 --> 01:06:07.200]  And a lot of these guys in the commercial realm think that when you step across that
[01:06:07.200 --> 01:06:13.960]  bar that you somehow grant jurisdiction to the court.
[01:06:13.960 --> 01:06:14.960]  Okay.
[01:06:14.960 --> 01:06:17.160]  I never have put much credence in that.
[01:06:17.160 --> 01:06:21.080]  Either the court has subject matter jurisdiction or it doesn't.
[01:06:21.080 --> 01:06:28.280]  And either it has in personam jurisdiction or you waive in personam jurisdiction.
[01:06:28.280 --> 01:06:34.680]  They don't, you know, these things about crossing the bar, that bar doesn't really mean much
[01:06:34.680 --> 01:06:36.400]  of anything.
[01:06:36.400 --> 01:06:41.480]  It's how you conduct yourself before the court, whether you challenge their jurisdiction or
[01:06:41.480 --> 01:06:42.480]  not challenge their jurisdiction.
[01:06:42.480 --> 01:06:45.480]  It doesn't have anything to do with that bar.
[01:06:45.480 --> 01:06:46.720]  Okay.
[01:06:46.720 --> 01:06:48.720]  Thank you very much.
[01:06:48.720 --> 01:06:49.720]  Okay.
[01:06:49.720 --> 01:06:52.720]  Let's scream it, Blake.
[01:06:52.720 --> 01:06:53.720]  Okay.
[01:06:53.720 --> 01:06:58.160]  Then now we're going to go to Mark from Wisconsin.
[01:06:58.160 --> 01:07:01.680]  I know Mark from Wisconsin is going to cause us trouble.
[01:07:01.680 --> 01:07:05.280]  How are you doing tonight?
[01:07:05.280 --> 01:07:06.280]  I'm great.
[01:07:06.280 --> 01:07:08.320]  Hey, I got a little problem.
[01:07:08.320 --> 01:07:12.880]  I did a typo on a complaint, Randy.
[01:07:12.880 --> 01:07:22.560]  I wrote an S after a statute instead of an N or an O. And under the S statute, there's
[01:07:22.560 --> 01:07:26.240]  no private, there's no private claim there.
[01:07:26.240 --> 01:07:29.760]  It goes through the attorney general or whatever.
[01:07:29.760 --> 01:07:35.200]  And so I got these clowns from Chicago trying to, this was a complaint from my wife.
[01:07:35.200 --> 01:07:36.200]  Okay.
[01:07:36.200 --> 01:07:37.200]  Just file a notice of errata.
[01:07:37.200 --> 01:07:38.200]  Oops.
[01:07:38.200 --> 01:07:39.200]  I made an oops.
[01:07:39.200 --> 01:07:40.200]  File a correction.
[01:07:40.200 --> 01:07:41.200]  That's an amended complaint?
[01:07:41.200 --> 01:07:42.200]  Yeah.
[01:07:42.200 --> 01:07:43.200]  That's a notice of errata?
[01:07:43.200 --> 01:07:44.200]  Yeah.
[01:07:44.200 --> 01:07:45.200]  You can just file an amended.
[01:07:45.200 --> 01:08:00.440]  The notice of errata is the easiest way to send them a notice that at this location,
[01:08:00.440 --> 01:08:06.400]  this citation should have been this instead of that.
[01:08:06.400 --> 01:08:07.400]  All right.
[01:08:07.400 --> 01:08:14.720]  If I got somebody sending me some case law that says that under 1681F, the Supreme Court
[01:08:14.720 --> 01:08:20.160]  ruled there is a limited private cause of action and I was going to list case law for
[01:08:20.160 --> 01:08:24.440]  an N and O and just say it was a typo too.
[01:08:24.440 --> 01:08:25.440]  What do you think?
[01:08:25.440 --> 01:08:31.320]  Well, it doesn't matter if you just go ahead and argue the other issues.
[01:08:31.320 --> 01:08:36.800]  But yeah, you can claim it was a typo and then that'll make that issue moot.
[01:08:36.800 --> 01:08:37.800]  All right.
[01:08:37.800 --> 01:08:44.040]  Hey, didn't you say one time 12B6 is kind of a backdoor summary judgment?
[01:08:44.040 --> 01:08:49.560]  I mean, what would you do to an attorney who was trying to 12B6 your wife, Randy?
[01:08:49.560 --> 01:08:58.720]  Now, this is getting a little personal, isn't it?
[01:08:58.720 --> 01:09:02.920]  I think I would grieve the SO whatever.
[01:09:02.920 --> 01:09:06.520]  Oh, I'm definitely going to do that.
[01:09:06.520 --> 01:09:13.480]  Hey, I was going to ask you, would it be too much for me to ask for agency on these guys
[01:09:13.480 --> 01:09:14.480]  too?
[01:09:14.480 --> 01:09:18.400]  They're the defendants, but they're kind of stuck a burr under my saddle.
[01:09:18.400 --> 01:09:21.120]  I kind of want to get back at them.
[01:09:21.120 --> 01:09:28.160]  Well, if they're the defendants, they don't need agency.
[01:09:28.160 --> 01:09:30.040]  They're not representing someone else.
[01:09:30.040 --> 01:09:32.880]  Well, the attorneys are.
[01:09:32.880 --> 01:09:40.240]  Okay, then there's the Lacked Referential Index.
[01:09:40.240 --> 01:09:43.680]  You're going for the attorneys who are representing the defendants.
[01:09:43.680 --> 01:09:46.880]  No, they're not listed as defendants.
[01:09:46.880 --> 01:09:48.640]  I was just going to ask them for agency.
[01:09:48.640 --> 01:09:54.000]  Wait, wait, wait, we're screwing up words here.
[01:09:54.000 --> 01:09:55.920]  Are the attorneys defendants?
[01:09:55.920 --> 01:09:56.920]  No.
[01:09:56.920 --> 01:09:59.760]  So they are representatives for the defendants.
[01:09:59.760 --> 01:10:00.760]  Exactly.
[01:10:00.760 --> 01:10:01.760]  Oh, yeah.
[01:10:01.760 --> 01:10:02.760]  Then you ask for agency.
[01:10:02.760 --> 01:10:03.760]  Okay.
[01:10:03.760 --> 01:10:04.760]  Yeah.
[01:10:04.760 --> 01:10:10.000]  And I was going to ask, when these guys file notice of appearance, how come they never
[01:10:10.000 --> 01:10:12.000]  put their bar numbers on there?
[01:10:12.000 --> 01:10:15.920]  Generally, here they do, but you can find it easy enough.
[01:10:15.920 --> 01:10:18.320]  Well, now Randy, question real quick.
[01:10:18.320 --> 01:10:24.520]  On notice of agency, that has to be for who's representing plaintiff, not defendant, isn't
[01:10:24.520 --> 01:10:25.520]  it?
[01:10:25.520 --> 01:10:26.520]  No, it doesn't matter.
[01:10:26.520 --> 01:10:31.840]  This is an attorney who's representing a client, and he notices the court that he's the attorney
[01:10:31.840 --> 01:10:33.680]  of record for the client.
[01:10:33.680 --> 01:10:39.800]  It doesn't matter which side they're on.
[01:10:39.800 --> 01:10:43.480]  So you can ask for agency from a defendant's attorney?
[01:10:43.480 --> 01:10:44.480]  Absolutely.
[01:10:44.480 --> 01:10:45.480]  Why not?
[01:10:45.480 --> 01:10:48.520]  If they're saying they're representing somebody, they have to prove it up.
[01:10:48.520 --> 01:10:50.760]  Well, I just didn't want to annoy the judge.
[01:10:50.760 --> 01:10:57.760]  I just want to get back at these guys.
[01:10:57.760 --> 01:10:58.760]  You know what I mean?
[01:10:58.760 --> 01:11:01.480]  I don't see how that would annoy the judge.
[01:11:01.480 --> 01:11:02.480]  All right.
[01:11:02.480 --> 01:11:07.520]  Hey, I finally got my website up, Deborah, so I'll be sending you that information on
[01:11:07.520 --> 01:11:08.520]  Monday.
[01:11:08.520 --> 01:11:09.520]  That was a melee.
[01:11:09.520 --> 01:11:15.640]  My webmaster lost his computer notebook at the airport and all kinds of stuff.
[01:11:15.640 --> 01:11:17.760]  But I'll send you all that information on Monday.
[01:11:17.760 --> 01:11:18.760]  Okay.
[01:11:18.760 --> 01:11:19.760]  Awesome.
[01:11:19.760 --> 01:11:20.760]  Thanks.
[01:11:20.760 --> 01:11:26.440]  Hey, Randy, my brother submitted some information to Remedies in Real Estate, and he actually
[01:11:26.440 --> 01:11:28.080]  had an audit done some time ago.
[01:11:28.080 --> 01:11:31.000]  Would that information be helpful to you?
[01:11:31.000 --> 01:11:32.120]  Absolutely.
[01:11:32.120 --> 01:11:35.280]  Have him send us the audit.
[01:11:35.280 --> 01:11:36.280]  Okay.
[01:11:36.280 --> 01:11:37.280]  All right.
[01:11:37.280 --> 01:11:44.600]  I'll send you an email, and is there an address on the website to send that audit to?
[01:11:44.600 --> 01:11:50.400]  Better if you could scan it and send it electronically.
[01:11:50.400 --> 01:11:55.880]  Otherwise you could send it... I don't know if they put a physical address up there or
[01:11:55.880 --> 01:11:56.880]  not.
[01:11:56.880 --> 01:11:57.880]  I'll check.
[01:11:57.880 --> 01:11:58.880]  Okay.
[01:11:58.880 --> 01:11:59.880]  All right.
[01:11:59.880 --> 01:12:00.880]  Will do.
[01:12:00.880 --> 01:12:03.880]  I think I'm all set.
[01:12:03.880 --> 01:12:07.520]  The notice of errata, should that be different from the response?
[01:12:07.520 --> 01:12:08.520]  Yes.
[01:12:08.520 --> 01:12:09.520]  Okay.
[01:12:09.520 --> 01:12:12.880]  That's just a notice to make a correction in the document.
[01:12:12.880 --> 01:12:13.880]  Okay.
[01:12:13.880 --> 01:12:14.880]  Will do.
[01:12:14.880 --> 01:12:15.880]  Hey, thanks a lot.
[01:12:15.880 --> 01:12:16.880]  I appreciate it.
[01:12:16.880 --> 01:12:19.880]  Have a good night.
[01:12:19.880 --> 01:12:24.720]  Okay, folks.
[01:12:24.720 --> 01:12:27.480]  We are continuing on to take your calls.
[01:12:27.480 --> 01:12:29.400]  We've got Robin in Florida.
[01:12:29.400 --> 01:12:31.080]  Robin, thanks for calling in.
[01:12:31.080 --> 01:12:32.080]  What is on your mind tonight?
[01:12:32.080 --> 01:12:33.080]  Hey, guys.
[01:12:33.080 --> 01:12:34.080]  Great show.
[01:12:34.080 --> 01:12:35.080]  I got a question.
[01:12:35.080 --> 01:12:36.080]  I went to a hearing yesterday.
[01:12:36.080 --> 01:12:47.880]  It was a case management hearing I had mentioned to you guys before, and they granted me an
[01:12:47.880 --> 01:12:53.520]  evidentiary hearing, which from what I'm understanding, they never do that.
[01:12:53.520 --> 01:12:55.600]  This is a mortgage case.
[01:12:55.600 --> 01:12:59.360]  I'm the defendant in the local district court.
[01:12:59.360 --> 01:13:05.680]  So, evidentiary hearing, is that just basically they go over all the evidence, affidavits,
[01:13:05.680 --> 01:13:06.680]  what's filed in the court?
[01:13:06.680 --> 01:13:07.680]  How does that work?
[01:13:07.680 --> 01:13:15.720]  I haven't found any information on evidentiary hearings.
[01:13:15.720 --> 01:13:18.280]  That's a good question.
[01:13:18.280 --> 01:13:19.480]  Evidence on what?
[01:13:19.480 --> 01:13:20.960]  What's before the court now?
[01:13:20.960 --> 01:13:23.800]  Is there a rule 12?
[01:13:23.800 --> 01:13:31.240]  The note, which I'm claiming, it's fraudulent, and it's not my signature because they've
[01:13:31.240 --> 01:13:33.120]  altered the document out of my sight.
[01:13:33.120 --> 01:13:35.080]  They stamped the document on its face.
[01:13:35.080 --> 01:13:37.040]  There's no launch.
[01:13:37.040 --> 01:13:39.440]  They just mutilated the document on its face.
[01:13:39.440 --> 01:13:40.440]  Okay.
[01:13:40.440 --> 01:13:41.440]  Wait a minute.
[01:13:41.440 --> 01:13:45.920]  What position are you in the case?
[01:13:45.920 --> 01:13:46.920]  I'm the defendant.
[01:13:46.920 --> 01:13:49.920]  Is that what you mean?
[01:13:49.920 --> 01:13:51.920]  How far along in the case are you?
[01:13:51.920 --> 01:13:54.680]  This is two and a half years now.
[01:13:54.680 --> 01:13:55.680]  Oh, okay.
[01:13:55.680 --> 01:13:56.680]  Then...
[01:13:56.680 --> 01:14:03.320]  So, they put this to a senior judge because this is such a long case, there's certain
[01:14:03.320 --> 01:14:04.320]  cases.
[01:14:04.320 --> 01:14:07.560]  I mean, just because of the motions I've been filing and...
[01:14:07.560 --> 01:14:08.560]  Okay.
[01:14:08.560 --> 01:14:11.320]  See, you're asking about an evidentiary hearing.
[01:14:11.320 --> 01:14:12.320]  Yes.
[01:14:12.320 --> 01:14:19.120]  We don't know where you're at in the case, so we don't know what issues they're trying
[01:14:19.120 --> 01:14:20.120]  to adjudicate.
[01:14:20.120 --> 01:14:23.120]  Well, what they've filed is...
[01:14:23.120 --> 01:14:27.880]  Well, I guess I got to get that information.
[01:14:27.880 --> 01:14:34.880]  I thought evidentiary hearing was just going over the evidence they filed and they've filed
[01:14:34.880 --> 01:14:35.880]  the note.
[01:14:35.880 --> 01:14:37.880]  They've assigned the mortgage post.
[01:14:37.880 --> 01:14:40.880]  Yeah, but wait a minute.
[01:14:40.880 --> 01:14:46.040]  We have no idea what's going on at this point, just that you're in a lawsuit.
[01:14:46.040 --> 01:14:50.320]  If you have a question, I have no idea what's going on.
[01:14:50.320 --> 01:14:58.480]  Oh, well, basically, I had a case management hearing and I objected to all of that because
[01:14:58.480 --> 01:14:59.480]  they don't give you notice.
[01:14:59.480 --> 01:15:03.240]  There's all kinds of due process violations in this case.
[01:15:03.240 --> 01:15:09.120]  So, they presented their note and I objected to the note saying that I did not sign this
[01:15:09.120 --> 01:15:10.120]  note.
[01:15:10.120 --> 01:15:17.200]  So, the judge asked me upon my objection to this note that they presented if I wanted
[01:15:17.200 --> 01:15:19.280]  an evidentiary hearing, which...
[01:15:19.280 --> 01:15:20.280]  Oh, okay.
[01:15:20.280 --> 01:15:25.480]  So, this will give both of you opportunity to present evidence concerning the validity
[01:15:25.480 --> 01:15:26.480]  of the note.
[01:15:26.480 --> 01:15:27.480]  Absolutely.
[01:15:27.480 --> 01:15:28.480]  So, yeah.
[01:15:28.480 --> 01:15:30.480]  The note that they produced.
[01:15:30.480 --> 01:15:31.480]  Okay.
[01:15:31.480 --> 01:15:35.840]  Yeah, and plus there is an assignment of mortgage done post litigation.
[01:15:35.840 --> 01:15:36.840]  Okay.
[01:15:36.840 --> 01:15:40.320]  So, you need to know what the nature of the evidentiary hearing is.
[01:15:40.320 --> 01:15:44.200]  You can't produce evidence if you don't know what they're wanting evidence about.
[01:15:44.200 --> 01:15:48.600]  If it's only about the note, you need to know that or if they have other issues they want
[01:15:48.600 --> 01:15:51.320]  to produce evidence on, you need to know about it.
[01:15:51.320 --> 01:15:52.320]  Oh, okay.
[01:15:52.320 --> 01:15:58.040]  So, but I can dictate what's in the evidentiary hearing, right?
[01:15:58.040 --> 01:16:00.040]  Well, not necessarily.
[01:16:00.040 --> 01:16:02.320]  What does the judge want to see?
[01:16:02.320 --> 01:16:07.760]  Well, they requested that I put in a motion.
[01:16:07.760 --> 01:16:09.560]  The judge said go, you know...
[01:16:09.560 --> 01:16:10.560]  Okay.
[01:16:10.560 --> 01:16:12.560]  You're telling us put in a motion.
[01:16:12.560 --> 01:16:13.560]  Yeah.
[01:16:13.560 --> 01:16:14.560]  What?
[01:16:14.560 --> 01:16:15.560]  Put in a motion to...
[01:16:15.560 --> 01:16:16.560]  I mean, I've never...
[01:16:16.560 --> 01:16:17.560]  I just didn't...
[01:16:17.560 --> 01:16:21.560]  I've never heard of an evidentiary hearing set for this week, so I didn't know what those
[01:16:21.560 --> 01:16:22.560]  entailed.
[01:16:22.560 --> 01:16:23.560]  So...
[01:16:23.560 --> 01:16:24.560]  It's just producing evidence.
[01:16:24.560 --> 01:16:25.560]  Yeah.
[01:16:25.560 --> 01:16:29.880]  You produce evidence to support your position, they produce evidence to support their position.
[01:16:29.880 --> 01:16:34.920]  But you haven't given us a position.
[01:16:34.920 --> 01:16:42.920]  So you just have to know what the hearing's about so you can produce evidence for whatever
[01:16:42.920 --> 01:16:43.920]  it's about.
[01:16:43.920 --> 01:16:44.920]  Okay.
[01:16:44.920 --> 01:16:45.920]  We got one more quick question.
[01:16:45.920 --> 01:16:46.920]  Be real quick.
[01:16:46.920 --> 01:16:47.920]  Okay.
[01:16:47.920 --> 01:16:51.880]  This is Randy Kelton, David Stevens, Eddie Craig, Real Law Radio.
[01:16:51.880 --> 01:16:52.880]  We'll be right back.
[01:16:52.880 --> 01:17:02.080]  We'll finish up with Robin and then go to Randy from Texas.
[01:17:02.080 --> 01:17:07.120]  Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies
[01:17:07.120 --> 01:17:09.120]  in the Austin metro area.
[01:17:09.120 --> 01:17:11.160]  We also ship worldwide.
[01:17:11.160 --> 01:17:15.200]  We are a family-owned and operated business that offers competitive prices on your coin
[01:17:15.200 --> 01:17:16.200]  and metals purchases.
[01:17:16.200 --> 01:17:21.880]  We buy, sell, trade and consign rare coins, gold and silver coin collections, precious
[01:17:21.880 --> 01:17:23.800]  metals and scrap gold.
[01:17:23.800 --> 01:17:27.400]  We will purchase and sell gold and jewelry items as well.
[01:17:27.400 --> 01:17:30.000]  We offer daily specials on coins and bullion.
[01:17:30.000 --> 01:17:36.000]  We're located at 5448 Barnett Road, Suite 3 and we're open Monday through Friday, 10
[01:17:36.000 --> 01:17:39.960]  a.m. to 6 p.m. Saturdays, 10 a.m. to 5 p.m.
[01:17:39.960 --> 01:17:47.360]  You are welcome to stop in our shop during regular business hours or call 512-646-6440
[01:17:47.360 --> 01:17:48.360]  with any questions.
[01:17:48.360 --> 01:17:53.840]  Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM, that's Capital
[01:17:53.840 --> 01:18:00.640]  Coin and Bullion, 512-646-6440.
[01:18:00.640 --> 01:18:05.600]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't
[01:18:05.600 --> 01:18:09.320]  so easy and neither is finding like-minded people to share it with.
[01:18:09.320 --> 01:18:12.240]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:18:12.240 --> 01:18:13.240]  Brave New Books?
[01:18:13.240 --> 01:18:18.040]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex
[01:18:18.040 --> 01:18:23.000]  Jones, Ron Paul, Energy Edward Griffin, they even stock inner food, Berkey products and
[01:18:23.000 --> 01:18:24.000]  Calvin Soaps.
[01:18:24.000 --> 01:18:26.920]  There's no way a place like that exists.
[01:18:26.920 --> 01:18:28.400]  Go check it out for yourself.
[01:18:28.400 --> 01:18:32.760]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:18:32.760 --> 01:18:36.080]  By UT, there's never anywhere to park down there.
[01:18:36.080 --> 01:18:41.360]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[01:18:41.360 --> 01:18:43.160]  facility just behind the bookstore.
[01:18:43.160 --> 01:18:47.560]  It does exist, but when are they open?
[01:18:47.560 --> 01:18:52.760]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays, so give them a call
[01:18:52.760 --> 01:19:19.400]  at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:19:22.760 --> 01:19:42.720]  Okay, folks, we are back.
[01:19:42.720 --> 01:19:48.760]  We're taking your calls and Robin, you said you had one more quick question.
[01:19:48.760 --> 01:19:52.720]  We need to move quickly though because we've got a lot of callers on the line and we want
[01:19:52.720 --> 01:19:55.160]  to try to get everybody in before the end of the show, so quickly.
[01:19:55.160 --> 01:19:56.160]  What's your other question?
[01:19:56.160 --> 01:19:57.160]  Sure.
[01:19:57.160 --> 01:20:00.400]  It's a reference to bar agreements on an attorney that I had.
[01:20:00.400 --> 01:20:05.840]  I contracted with a loan modification company and they used attorneys to handle the cases
[01:20:05.840 --> 01:20:06.840]  that were in court.
[01:20:06.840 --> 01:20:08.840]  Randy, there's something going on on your end.
[01:20:08.840 --> 01:20:12.240]  I'm having trouble hearing the caller.
[01:20:12.240 --> 01:20:13.240]  I'm sorry.
[01:20:13.240 --> 01:20:14.240]  Go ahead, Robin.
[01:20:14.240 --> 01:20:15.240]  Can you hear me now?
[01:20:15.240 --> 01:20:16.240]  Yeah.
[01:20:16.240 --> 01:20:17.240]  There was some...
[01:20:17.240 --> 01:20:18.240]  My fault.
[01:20:18.240 --> 01:20:19.240]  I'm muted.
[01:20:19.240 --> 01:20:20.240]  Background noise.
[01:20:20.240 --> 01:20:21.240]  Okay.
[01:20:21.240 --> 01:20:22.240]  No problem.
[01:20:22.240 --> 01:20:27.080]  In another case, which is a mortgage case, I had a loan modification company.
[01:20:27.080 --> 01:20:28.640]  They hired attorneys apparently.
[01:20:28.640 --> 01:20:34.280]  I never signed anything with the loan modification company or the attorney, no retainer agreement
[01:20:34.280 --> 01:20:35.280]  or nothing.
[01:20:35.280 --> 01:20:37.960]  He filed paperwork for me in the court.
[01:20:37.960 --> 01:20:42.440]  I eventually fired him because I learned the jurisdiction and all this stuff he was doing
[01:20:42.440 --> 01:20:44.240]  not the right paperwork.
[01:20:44.240 --> 01:20:50.240]  My question is this loan modification company went out of business because the attorney
[01:20:50.240 --> 01:20:53.720]  general shut them down.
[01:20:53.720 --> 01:20:59.760]  Can I go after this attorney that I have absolutely no agreement with, no retainer agreement with,
[01:20:59.760 --> 01:21:08.360]  to get some of the money that I'm out from this company that I paid?
[01:21:08.360 --> 01:21:10.320]  Absolutely.
[01:21:10.320 --> 01:21:11.320]  How would I do that?
[01:21:11.320 --> 01:21:14.960]  Sue him for malpractice or file a bar grievance or...
[01:21:14.960 --> 01:21:16.760]  Sue the attorney for malpractice.
[01:21:16.760 --> 01:21:17.760]  Okay.
[01:21:17.760 --> 01:21:27.040]  Should I sue him for a civil suit for the amount of the money that I paid the company?
[01:21:27.040 --> 01:21:28.040]  Triple.
[01:21:28.040 --> 01:21:29.040]  Triple?
[01:21:29.040 --> 01:21:34.760]  Sue him for triple and then negotiate back to get your money back.
[01:21:34.760 --> 01:21:35.760]  Okay.
[01:21:35.760 --> 01:21:38.680]  Triple is because he knowingly did this, right?
[01:21:38.680 --> 01:21:39.680]  Yeah.
[01:21:39.680 --> 01:21:40.680]  That's the idea?
[01:21:40.680 --> 01:21:44.040]  That's repugnitive or exemplary is the term.
[01:21:44.040 --> 01:21:48.280]  Should I send him a tort letter with a copy of a complaint?
[01:21:48.280 --> 01:21:49.280]  Yes.
[01:21:49.280 --> 01:21:54.520]  Always a tort letter first if you can, if you have time and since you're suing him you
[01:21:54.520 --> 01:21:55.520]  have time.
[01:21:55.520 --> 01:21:59.440]  Send him a tort letter and tell him make me whole or be sued.
[01:21:59.440 --> 01:22:08.560]  Give him X number of days and then after that expires a sue immediately.
[01:22:08.560 --> 01:22:10.600]  Now what about a bar grievance?
[01:22:10.600 --> 01:22:13.640]  You can file all the bar grievances you want to.
[01:22:13.640 --> 01:22:14.640]  You're in Florida.
[01:22:14.640 --> 01:22:19.480]  In Florida the bar insures their own attorneys.
[01:22:19.480 --> 01:22:23.040]  So how much good they do in Florida is questionable.
[01:22:23.040 --> 01:22:24.040]  Okay.
[01:22:24.040 --> 01:22:28.440]  Because I was wanting to use that as leverage instead of having to adjudicate it.
[01:22:28.440 --> 01:22:30.680]  It probably helps because the bar has to indemnify.
[01:22:30.680 --> 01:22:32.960]  They have to pay for the...
[01:22:32.960 --> 01:22:39.360]  If the guy gets sued it costs the bar so the bar may be even worse than an insurance company
[01:22:39.360 --> 01:22:40.840]  would be.
[01:22:40.840 --> 01:22:41.840]  Okay.
[01:22:41.840 --> 01:22:48.600]  File a bar grievance is just because you can.
[01:22:48.600 --> 01:22:49.600]  Do I...
[01:22:49.600 --> 01:22:52.400]  If I send a tort letter do I mention anything about that?
[01:22:52.400 --> 01:22:53.400]  No.
[01:22:53.400 --> 01:22:54.400]  Absolutely not.
[01:22:54.400 --> 01:22:55.400]  All right.
[01:22:55.400 --> 01:22:57.560]  The attorney will know all about it.
[01:22:57.560 --> 01:22:58.560]  Okay.
[01:22:58.560 --> 01:22:59.560]  That's it.
[01:22:59.560 --> 01:23:00.560]  Appreciate it.
[01:23:00.560 --> 01:23:01.560]  Okey doke.
[01:23:01.560 --> 01:23:02.560]  Thanks.
[01:23:02.560 --> 01:23:03.560]  All right.
[01:23:03.560 --> 01:23:04.560]  Thank you, Robin.
[01:23:04.560 --> 01:23:05.560]  Okay.
[01:23:05.560 --> 01:23:09.560]  We're going to go now to Randy in Texas.
[01:23:09.560 --> 01:23:10.560]  Okay Randy.
[01:23:10.560 --> 01:23:11.560]  Thanks for calling in.
[01:23:11.560 --> 01:23:13.560]  What is on your mind tonight?
[01:23:13.560 --> 01:23:18.560]  Randy, you talked about pre-litigation discovery.
[01:23:18.560 --> 01:23:22.640]  Do we have that in Texas?
[01:23:22.640 --> 01:23:23.640]  Yes we do.
[01:23:23.640 --> 01:23:31.720]  I think it's Article or the Texas Rule of Civil Procedure 281 if I remember right.
[01:23:31.720 --> 01:23:44.240]  Okay so I can use that rule to get the... any like third party to give me information?
[01:23:44.240 --> 01:23:45.240]  Yes.
[01:23:45.240 --> 01:23:46.240]  Okay.
[01:23:46.240 --> 01:23:48.200]  Here's the purpose of pre-litigation discovery.
[01:23:48.200 --> 01:23:55.960]  You think you have a lawsuit but you don't have all the information you need to be sure.
[01:23:55.960 --> 01:24:05.720]  So in order to... in the interest of preserving evidence and judicial economy, you need to
[01:24:05.720 --> 01:24:11.000]  discover this information to see if in fact you do have a suit.
[01:24:11.000 --> 01:24:16.380]  And there is a provision for that in the Code of Civil Procedure to allow you to petition
[01:24:16.380 --> 01:24:17.380]  for discovery.
[01:24:17.380 --> 01:24:21.440]  Now in discovery, it doesn't go to the court, it goes to the other party but you send it
[01:24:21.440 --> 01:24:27.160]  in the form of discovery so that if the other side doesn't voluntarily respond or give you
[01:24:27.160 --> 01:24:36.440]  what you need, then you petition the court under this statute to order them to produce.
[01:24:36.440 --> 01:24:37.440]  So how would you...
[01:24:37.440 --> 01:24:38.440]  Okay.
[01:24:38.440 --> 01:24:47.840]  Let's say that I need something from Deborah about a case that I want to go against you.
[01:24:47.840 --> 01:24:48.840]  How do I...
[01:24:48.840 --> 01:24:54.400]  Send a letter, just send a letter stating what you want and ask them to produce it.
[01:24:54.400 --> 01:24:59.000]  If they don't, then you petition the court for an order ordering them to produce it under
[01:24:59.000 --> 01:25:00.000]  pre-litigation discovery.
[01:25:00.000 --> 01:25:06.400]  So in other words, there's nothing filed with the court, all I got to do is send a letter
[01:25:06.400 --> 01:25:11.200]  and then they fail to produce and then I go to the court that I think I'm going to go
[01:25:11.200 --> 01:25:17.320]  to for jurisdiction in the case and say, make them produce, is that correct?
[01:25:17.320 --> 01:25:18.320]  Yes.
[01:25:18.320 --> 01:25:19.320]  Okay.
[01:25:19.320 --> 01:25:23.280]  That's perfect.
[01:25:23.280 --> 01:25:26.760]  What is the cheapest way to get a deposition done?
[01:25:26.760 --> 01:25:28.720]  Wait, say that again.
[01:25:28.720 --> 01:25:29.720]  Cheapest...
[01:25:29.720 --> 01:25:35.920]  The cheap, most to any extent, how to get a deposition done.
[01:25:35.920 --> 01:25:41.320]  Take your own video camera and ask the court to allow you to video it yourself.
[01:25:41.320 --> 01:25:48.880]  Okay, so you go to the court and say, hey, I want to just ask the questions myself and
[01:25:48.880 --> 01:25:49.880]  video it?
[01:25:49.880 --> 01:25:50.880]  Yeah.
[01:25:50.880 --> 01:25:51.880]  All right.
[01:25:51.880 --> 01:25:59.440]  As long as you save money, as long as the other side doesn't raise a major objection,
[01:25:59.440 --> 01:26:04.040]  the court probably won't have a problem.
[01:26:04.040 --> 01:26:16.400]  In a suit, there's the wording in parenthesis, this is not a suit on a sworn account, parenthesis.
[01:26:16.400 --> 01:26:18.400]  What the hell does that mean?
[01:26:18.400 --> 01:26:21.680]  What kind of suit is it?
[01:26:21.680 --> 01:26:22.680]  Credit card.
[01:26:22.680 --> 01:26:31.840]  It has to be a suit on a sworn account, then they're not claiming you owe them money on
[01:26:31.840 --> 01:26:34.760]  a debt.
[01:26:34.760 --> 01:26:47.600]  Okay, well, let me give you, they say the first action is breach of contract, second,
[01:26:47.600 --> 01:27:00.080]  and then prior to that is where they put in their, and they call this the vigny, the fax,
[01:27:00.080 --> 01:27:09.760]  and so they state this, they state it this way, the amount being sought on account is
[01:27:09.760 --> 01:27:17.200]  x, y, z, a true and correct copy of the account statement showing the balance is attached
[01:27:17.200 --> 01:27:21.360]  and marked as exhibit one and is incorporated herein.
[01:27:21.360 --> 01:27:25.960]  Okay, so they're stating that this is a suit on account and then they state that it's not
[01:27:25.960 --> 01:27:28.080]  a suit on account.
[01:27:28.080 --> 01:27:33.040]  Claiming copies of statements is not good enough, this is straight out of the Michael
[01:27:33.040 --> 01:27:38.640]  Mears method, they have to show specific accounting, they have to show ledger entries.
[01:27:38.640 --> 01:27:42.640]  That wasn't the question, apparently they put in the suit that this is not a suit on
[01:27:42.640 --> 01:27:43.640]  account.
[01:27:43.640 --> 01:27:44.640]  Right.
[01:27:44.640 --> 01:27:46.520]  Well, yeah, then there's that.
[01:27:46.520 --> 01:27:50.480]  And then they claim that it, then they're claiming that this is a suit on account.
[01:27:50.480 --> 01:27:58.760]  Right, so what I really want to know is to how to stretch the penal unit and the scrotum
[01:27:58.760 --> 01:28:00.240]  and cut it off.
[01:28:00.240 --> 01:28:04.120]  Well, I don't have enough information to know that.
[01:28:04.120 --> 01:28:09.480]  Well, but are they not just basically shutting themselves off there?
[01:28:09.480 --> 01:28:18.520]  Yeah, and we need to be careful with the imagery, this is a family show, I've been getting emails.
[01:28:18.520 --> 01:28:22.840]  I'm not sure, there's not enough information to be able to tell.
[01:28:22.840 --> 01:28:27.960]  Well, I mean, they're saying it's a suit on account, but then they're saying it's not
[01:28:27.960 --> 01:28:35.280]  and you just said that, so how do we go after them for that fact?
[01:28:35.280 --> 01:28:37.720]  Did you file an answer to the suit?
[01:28:37.720 --> 01:28:38.720]  Not yet, because...
[01:28:38.720 --> 01:28:47.280]  Okay, your answer is that the suit is nonsensical and you can't understand it and you ask for
[01:28:47.280 --> 01:28:49.240]  an amended pleading.
[01:28:49.240 --> 01:28:57.000]  All right, well, I thought there was something there, but I'm actually going to send you
[01:28:57.000 --> 01:29:04.560]  a copy of this, but then they have first cause of action...
[01:29:04.560 --> 01:29:06.720]  Okay, wait, Andy, go quickly, we've got a lot of calls.
[01:29:06.720 --> 01:29:12.080]  We're going to have to wrap it up within 45 seconds because we're about to go to break.
[01:29:12.080 --> 01:29:13.640]  I'm going to go real fast.
[01:29:13.640 --> 01:29:17.240]  First cause of action is breach of contract, there is no contract.
[01:29:17.240 --> 01:29:20.640]  Second cause of action is account stated.
[01:29:20.640 --> 01:29:23.600]  Third cause of action is common law debt.
[01:29:23.600 --> 01:29:27.600]  What are they trying to apply there?
[01:29:27.600 --> 01:29:29.360]  I don't know, common law debt.
[01:29:29.360 --> 01:29:31.360]  What is a common law debt?
[01:29:31.360 --> 01:29:35.800]  I have no idea what they mean to that.
[01:29:35.800 --> 01:29:39.880]  Okay, send me the documentation, I'll look at it.
[01:29:39.880 --> 01:29:40.880]  Okay.
[01:29:40.880 --> 01:29:42.880]  Okay, thanks for the call, Randy.
[01:29:42.880 --> 01:29:46.960]  Okay, when we get back on the other side, we're going to go to Edward in New Mexico.
[01:29:46.960 --> 01:29:52.200]  We've got Stuart in Texas, Rodney in Texas, David in Texas, folks, we've got a half an
[01:29:52.200 --> 01:29:53.200]  hour left.
[01:29:53.200 --> 01:30:00.080]  We're going to get through all your calls, 512-646-1984.
[01:30:00.080 --> 01:30:03.520]  Top ten reasons to question the official story of the Oklahoma City bombing, reason number
[01:30:03.520 --> 01:30:04.520]  five.
[01:30:04.520 --> 01:30:07.880]  As witnessed by millions of viewers, the rescue efforts were interrupted several times due
[01:30:07.880 --> 01:30:10.200]  to the presence of other explosives.
[01:30:10.200 --> 01:30:14.000]  Government log entries indicate and witnesses report that after the initial devastating
[01:30:14.000 --> 01:30:18.960]  blast, a bomb complete with timer was discovered and removed from wreckage by the bomb squad.
[01:30:18.960 --> 01:30:22.520]  Yet we are told it's all due to baseless bomb scares or other contrivances.
[01:30:22.520 --> 01:30:26.800]  So while officials try to sort out their stories, all we ask is who planted these bombs and
[01:30:26.800 --> 01:30:28.720]  why is the government lying about them?
[01:30:28.720 --> 01:30:31.720]  For more information, go to okcbombingtruth.com.
[01:30:31.720 --> 01:30:37.760]  If you shop online, chances are a vendor is sizing you up and setting prices according
[01:30:37.760 --> 01:30:39.200]  to what they think you'll pay.
[01:30:39.200 --> 01:30:43.400]  I'm Dr. Catherine Albrecht and I'll be back in a moment with some tips to protect yourself
[01:30:43.400 --> 01:31:13.120]  from discriminatory pricing.
[01:31:14.400 --> 01:31:20.200]  Internet retailers are hunting for easy prey in the online jungle.
[01:31:20.200 --> 01:31:24.080]  Without warning, they might charge you more than another customer for the exact same item
[01:31:24.080 --> 01:31:26.520]  based on your web browser and visit history.
[01:31:26.520 --> 01:31:31.480]  Capital One Bank reportedly charges higher interest rates to Firefox users and Amazon
[01:31:31.480 --> 01:31:36.760]  got caught raising prices based on buyer cookies, codes stored on people's computer that link
[01:31:36.760 --> 01:31:37.760]  to their purchase history.
[01:31:37.760 --> 01:31:40.960]  While this is infuriating, it's perfectly legal.
[01:31:40.960 --> 01:31:45.520]  Your best defense is to delete cookies, shop around for the best price, make notes and
[01:31:45.520 --> 01:31:47.040]  take your sweet time.
[01:31:47.040 --> 01:31:50.480]  And before you make a large purchase, you may want to have someone else check the deal
[01:31:50.480 --> 01:31:52.640]  using a different computer and browser.
[01:31:52.640 --> 01:31:54.760]  I'm Dr. Catherine Albrecht.
[01:31:54.760 --> 01:32:16.760]  More news and information at CatherineAlbrecht.com.
[01:32:16.760 --> 01:32:17.760]  We are back.
[01:32:17.760 --> 01:32:25.960]  We've got a half an hour left in our four hour info marathon.
[01:32:25.960 --> 01:32:29.160]  We've got tools of ingenuity here for you folks.
[01:32:29.160 --> 01:32:32.000]  We've got Edward from New Mexico calling in.
[01:32:32.000 --> 01:32:33.720]  Edward, thank you for calling in.
[01:32:33.720 --> 01:32:35.360]  What is on your mind tonight?
[01:32:35.360 --> 01:32:36.360]  Hello.
[01:32:36.360 --> 01:32:40.960]  I had a question about traffic citation in Nevada.
[01:32:40.960 --> 01:32:49.880]  Basically, back in 2004, I was passing through Nevada and I got stopped in a small town going
[01:32:49.880 --> 01:32:55.560]  42 miles an hour in a 25 mile an hour zone.
[01:32:55.560 --> 01:33:00.880]  When I got back to New Mexico, I put a money order and then they mailed it off to them
[01:33:00.880 --> 01:33:03.400]  and never thought about it again.
[01:33:03.400 --> 01:33:10.000]  Well, basically last year when I went to go renew my driver's license, I had a block because
[01:33:10.000 --> 01:33:13.840]  I had this citation open apparently off in Nevada.
[01:33:13.840 --> 01:33:19.600]  They gave me the information for the MVD over there and I spent a couple of months calling
[01:33:19.600 --> 01:33:21.440]  them up and they'd never heard of me.
[01:33:21.440 --> 01:33:29.320]  I went and tried again with the DMV just at the end of this last year and I finally got
[01:33:29.320 --> 01:33:34.920]  a little bit better information and actually got directed to E City Court that the ticket
[01:33:34.920 --> 01:33:35.920]  was out of.
[01:33:35.920 --> 01:33:43.000]  Now, I've got copies from all the stuff that they sent me and basically they got my address
[01:33:43.000 --> 01:33:44.000]  wrong.
[01:33:44.000 --> 01:33:50.360]  The officer hand wrote my address and I never received any of the sums or anything.
[01:33:50.360 --> 01:33:52.360]  Hello?
[01:33:52.360 --> 01:33:54.360]  Okay.
[01:33:54.360 --> 01:33:57.360]  Randy, comments?
[01:33:57.360 --> 01:34:00.840]  Did we lose Randy?
[01:34:00.840 --> 01:34:06.160]  There was no question.
[01:34:06.160 --> 01:34:11.240]  What's your question?
[01:34:11.240 --> 01:34:14.680]  Basically I'm trying to figure out how to deal with them now because they want me to
[01:34:14.680 --> 01:34:16.280]  pay all this kind of money.
[01:34:16.280 --> 01:34:19.280]  I paid the ticket once but they don't have any record of it.
[01:34:19.280 --> 01:34:23.280]  I paid it by money order and it was some six years ago and I don't have a record of it
[01:34:23.280 --> 01:34:26.120]  anymore and things come back to haunt me.
[01:34:26.120 --> 01:34:31.600]  You didn't keep any type of mail receipt or anything showing that you mailed a money order
[01:34:31.600 --> 01:34:36.400]  for this amount of money, certified mail return receipt requested to these guys?
[01:34:36.400 --> 01:34:37.400]  Okay.
[01:34:37.400 --> 01:34:39.480]  I've made a steep learning curve.
[01:34:39.480 --> 01:34:43.680]  I would never do that again but yes, back then, yes.
[01:34:43.680 --> 01:34:45.280]  I just wanted it out of my hair.
[01:34:45.280 --> 01:34:46.280]  I got back here.
[01:34:46.280 --> 01:34:50.640]  I got a money order from the local Smiths, I think it was, or something and got it into
[01:34:50.640 --> 01:34:54.840]  the mail and never heard back and was like, okay, great.
[01:34:54.840 --> 01:35:02.480]  Okay, well, welcome to the rural town method of keeping the revenue stream alive.
[01:35:02.480 --> 01:35:04.800]  That's what I'm discovering.
[01:35:04.800 --> 01:35:09.760]  Because the moment it arrives in their hands, there is no signature required to take receipt
[01:35:09.760 --> 01:35:10.760]  of the item.
[01:35:10.760 --> 01:35:16.880]  The item, let me guess, you mailed them the entire money order including the receipt?
[01:35:16.880 --> 01:35:17.880]  Oh no.
[01:35:17.880 --> 01:35:25.040]  No, I wasn't back, I just wasn't bright enough to keep the stuff for years.
[01:35:25.040 --> 01:35:29.880]  Okay, well, the problem is I guarantee you there's a two-year statute of limitations
[01:35:29.880 --> 01:35:34.400]  on them collecting it unless they issued a warrant or some such immediately after the
[01:35:34.400 --> 01:35:37.520]  fact and it would have to be file stamped to that purpose.
[01:35:37.520 --> 01:35:42.880]  And here's my, here's where I got a copy of their court record.
[01:35:42.880 --> 01:35:47.660]  The officer hand wrote my address at the time and not to give out the whole of it but basically
[01:35:47.660 --> 01:35:52.280]  they misread a capital G and a capital R in the handwriting as a six and a capital B.
[01:35:52.280 --> 01:35:58.480]  So I never received any of the mailings and it's demonstrable in the court records from
[01:35:58.480 --> 01:35:59.480]  what they mailed me.
[01:35:59.480 --> 01:36:04.000]  I mean, I can see the citation says one thing and I can see where all the printed stuff
[01:36:04.000 --> 01:36:08.880]  in the court records that they printed out for me, the six pages or so are, have the
[01:36:08.880 --> 01:36:09.880]  wrong address.
[01:36:09.880 --> 01:36:10.880]  Okay, what was the-
[01:36:10.880 --> 01:36:11.880]  Right, she knows I was never served.
[01:36:11.880 --> 01:36:14.760]  When I called the court, I often complained about that.
[01:36:14.760 --> 01:36:21.720]  So they just kept going back to the clerk, kept going back to the citation is your notice
[01:36:21.720 --> 01:36:29.200]  to appear and that's all that was required and the court doesn't have to serve you.
[01:36:29.200 --> 01:36:32.800]  Yes they do if you're out of state but here's the other problem.
[01:36:32.800 --> 01:36:39.920]  What is the postmark date on the stuff that was mailed to you?
[01:36:39.920 --> 01:36:45.720]  January 5th, 2011.
[01:36:45.720 --> 01:36:46.720]  Not that stuff.
[01:36:46.720 --> 01:36:49.960]  The stuff that allegedly was mailed to the address it never got to.
[01:36:49.960 --> 01:36:54.120]  Oh, I'm sorry, Mr. Commissioner, question, let me check the record.
[01:36:54.120 --> 01:37:02.000]  It's just like a line entry log in a printout.
[01:37:02.000 --> 01:37:06.400]  Okay but they're saying they sent you notices via the mail that you didn't get because the
[01:37:06.400 --> 01:37:09.280]  address was incorrect.
[01:37:09.280 --> 01:37:12.600]  So obviously those notices came back to the court.
[01:37:12.600 --> 01:37:21.280]  Yes, here it is, I found it, 1013.04 FTA notice returned by post OSD margin of such number.
[01:37:21.280 --> 01:37:26.880]  And when was the ticket issued?
[01:37:26.880 --> 01:37:32.640]  Ticket was issued 07-21-04.
[01:37:32.640 --> 01:37:40.000]  Okay, so they were within the statute of limitations of notifying you of trial.
[01:37:40.000 --> 01:37:41.000]  Okay.
[01:37:41.000 --> 01:37:43.760]  So they did that quick?
[01:37:43.760 --> 01:37:44.760]  Yeah.
[01:37:44.760 --> 01:37:52.560]  Well, I don't know what to tell you without proof that you paid it.
[01:37:52.560 --> 01:37:59.760]  So it really doesn't amount to much that they couldn't get my address right and couldn't
[01:37:59.760 --> 01:38:03.600]  notify me correctly that the thing was still outstanding.
[01:38:03.600 --> 01:38:08.560]  Well, that's going to be found to be irrelevant.
[01:38:08.560 --> 01:38:12.560]  They're just going to argue that you had the citation and the proper location to make the
[01:38:12.560 --> 01:38:17.720]  payment and you've got no way to prove you did that.
[01:38:17.720 --> 01:38:19.960]  What if I took a different direction on this?
[01:38:19.960 --> 01:38:23.960]  And I don't know how feasible this is, maybe this is kind of hot in the sky, but this is
[01:38:23.960 --> 01:38:28.160]  blocking me from getting license renewed in my state.
[01:38:28.160 --> 01:38:42.120]  What if I started a federal suit on my local MVD and pulled the Nevada small town in as
[01:38:42.120 --> 01:38:43.120]  a co-defendant?
[01:38:43.120 --> 01:38:44.120]  Okay.
[01:38:44.120 --> 01:38:45.960]  Well, here's the problem.
[01:38:45.960 --> 01:38:47.960]  How much is the citation?
[01:38:47.960 --> 01:38:53.840]  Well, the citation itself I paid already was like just about 80 bucks, but now they want
[01:38:53.840 --> 01:38:58.080]  some almost $350, $400 on it.
[01:38:58.080 --> 01:39:01.280]  Which is pretty much the same cost of your federal filing fee.
[01:39:01.280 --> 01:39:06.560]  Yeah, but it might be some good experience.
[01:39:06.560 --> 01:39:07.560]  Or worse.
[01:39:07.560 --> 01:39:08.560]  Or worse.
[01:39:08.560 --> 01:39:14.360]  You could wind up having to pay their court costs on top of the fine.
[01:39:14.360 --> 01:39:22.440]  Yeah, the problem here is you don't have a good clean case.
[01:39:22.440 --> 01:39:28.560]  If you had your receipt, you'd have a good clean case, but not being able to prove you
[01:39:28.560 --> 01:39:36.320]  paid it, all they have is your word saying, oh, I paid it.
[01:39:36.320 --> 01:39:41.160]  You're going to have a hard time getting any traction.
[01:39:41.160 --> 01:39:44.440]  We like good cases, but this is not one.
[01:39:44.440 --> 01:39:45.440]  Okay.
[01:39:45.440 --> 01:39:46.440]  Shoot.
[01:39:46.440 --> 01:39:51.280]  You might send them a letter, a tort letter, accusing them of stealing your payment and
[01:39:51.280 --> 01:39:58.080]  trying to recollect and offer them to repay the original amount, they may accept it.
[01:39:58.080 --> 01:39:59.080]  Okay.
[01:39:59.080 --> 01:40:03.400]  Or in lieu of a civil action, file a civil action in the state.
[01:40:03.400 --> 01:40:08.080]  Well, I'll tell you what, well, without your receipt, again, you're stuck because you don't
[01:40:08.080 --> 01:40:12.080]  have the original money order number to go back and see if it was ever cashed and who
[01:40:12.080 --> 01:40:13.080]  would have cashed it.
[01:40:13.080 --> 01:40:17.040]  I mean, this was six years ago, that.
[01:40:17.040 --> 01:40:18.040]  Yeah.
[01:40:18.040 --> 01:40:19.600]  See, that's the problem.
[01:40:19.600 --> 01:40:23.520]  You don't have a good clean case, a way to go at them.
[01:40:23.520 --> 01:40:24.520]  Gotcha.
[01:40:24.520 --> 01:40:25.520]  Okay.
[01:40:25.520 --> 01:40:32.480]  We probably can't help you and we've got a bunch of calls, we really need to move on.
[01:40:32.480 --> 01:40:33.480]  Okay.
[01:40:33.480 --> 01:40:35.040]  I do have one very quick more question.
[01:40:35.040 --> 01:40:36.040]  All righty.
[01:40:36.040 --> 01:40:42.920]  Concerning grieving attorneys, I do have a case in the federal courts following the Michael
[01:40:42.920 --> 01:40:50.520]  Maris method and I've got, basically, the attorneys, when they started out, they kept
[01:40:50.520 --> 01:40:55.120]  going through the electronic system and they weren't filing me through the mail.
[01:40:55.120 --> 01:40:58.560]  Maybe I'm cutting this a little too short, but they weren't serving me properly.
[01:40:58.560 --> 01:40:59.560]  Oh, great.
[01:40:59.560 --> 01:41:01.240]  That's great to grieve for.
[01:41:01.240 --> 01:41:04.040]  They turned around and fixed all that.
[01:41:04.040 --> 01:41:10.880]  They withdrew, filed a motion to withdraw what they had done immediately and sent me
[01:41:10.880 --> 01:41:14.240]  all the paperwork and gave me time to catch up.
[01:41:14.240 --> 01:41:20.480]  I kind of like said, okay, I'll let this one go because I really want to get through discovery.
[01:41:20.480 --> 01:41:26.480]  Now what I'm wondering is, I know I can't go back and grieve them with the courts, don't
[01:41:26.480 --> 01:41:32.360]  really want to, but should I file a bar grievance with them, all three of them?
[01:41:32.360 --> 01:41:35.400]  Well, no, not if they corrected it.
[01:41:35.400 --> 01:41:36.400]  Okay.
[01:41:36.400 --> 01:41:41.560]  If they wouldn't correct it, yeah, but, you know, I'd say you can file a bar grievance
[01:41:41.560 --> 01:41:46.160]  for anything, but I really don't suggest you do unless they, generally, you can find plenty
[01:41:46.160 --> 01:41:49.200]  of crapola that they pull so you can file good bar grievances.
[01:41:49.200 --> 01:41:52.760]  Okay, so I should wait until I'm sure he's trying to pull something.
[01:41:52.760 --> 01:41:53.760]  Yes.
[01:41:53.760 --> 01:41:58.880]  I wasn't sure this time and he started to sound sincere when I accused him of it.
[01:41:58.880 --> 01:42:04.640]  Well, I do say you can file a bar grievance for anything.
[01:42:04.640 --> 01:42:06.960]  You can, but I don't suggest that.
[01:42:06.960 --> 01:42:11.840]  I suggest that we file valid ones and, generally, we don't have trouble finding good ones to
[01:42:11.840 --> 01:42:12.840]  file.
[01:42:12.840 --> 01:42:13.840]  Okay.
[01:42:13.840 --> 01:42:14.840]  And he'll give you opportunity.
[01:42:14.840 --> 01:42:15.840]  I'm sure he will.
[01:42:15.840 --> 01:42:16.840]  I'm sure they will.
[01:42:16.840 --> 01:42:17.840]  All right.
[01:42:17.840 --> 01:42:18.840]  Thank you.
[01:42:18.840 --> 01:42:19.840]  Good advice.
[01:42:19.840 --> 01:42:24.840]  Let's get on to the rest of your callers.
[01:42:24.840 --> 01:42:25.840]  All right.
[01:42:25.840 --> 01:42:26.840]  Thanks for calling in, Edward.
[01:42:26.840 --> 01:42:27.840]  Okay.
[01:42:27.840 --> 01:42:28.840]  We've got Stuart in Texas.
[01:42:28.840 --> 01:42:29.840]  Stuart, thanks for calling in.
[01:42:29.840 --> 01:42:30.840]  What's on your mind tonight?
[01:42:30.840 --> 01:42:31.840]  Yeah.
[01:42:31.840 --> 01:42:32.840]  All right.
[01:42:32.840 --> 01:42:33.840]  Thank you very much.
[01:42:33.840 --> 01:42:41.200]  I had what I believe is a fraudulent initial appraisal on a property or a home that I bought
[01:42:41.200 --> 01:42:42.200]  in 2004.
[01:42:42.200 --> 01:42:48.120]  An initial appraisal said the house was going to be worth at least $105,000, and my mortgage
[01:42:48.120 --> 01:42:50.120]  ended up being just under that.
[01:42:50.120 --> 01:42:53.000]  Currently, I owe $98,000.
[01:42:53.000 --> 01:42:57.760]  The house is worth $69,000, so I'm almost $30,000 underwater.
[01:42:57.760 --> 01:43:03.160]  And when I learned about all this mortgage fraud business, I decided to take a stand
[01:43:03.160 --> 01:43:07.120]  and I made my last mortgage payment in August.
[01:43:07.120 --> 01:43:12.760]  And I later, a couple of months later, demanded to see the note from US Bank, which was servicing
[01:43:12.760 --> 01:43:13.760]  the loan.
[01:43:13.760 --> 01:43:19.280]  I got a letter dated November the 8th saying that the Government National Mortgage Association
[01:43:19.280 --> 01:43:20.840]  owns my note.
[01:43:20.840 --> 01:43:25.600]  They included a copy of the original note showing that the mortgage company has this
[01:43:25.600 --> 01:43:28.560]  note, and it is the same one that is on file in the county.
[01:43:28.560 --> 01:43:29.560]  I checked.
[01:43:29.560 --> 01:43:32.080]  Nothing's been filed since then.
[01:43:32.080 --> 01:43:37.520]  The note shows, pay to the order of US Bank without recourse, but it stands canceled and
[01:43:37.520 --> 01:43:41.800]  it's not signed on the last page of the note.
[01:43:41.800 --> 01:43:42.800]  Interesting.
[01:43:42.800 --> 01:43:43.800]  Okay.
[01:43:43.800 --> 01:43:44.800]  Okay, hold on.
[01:43:44.800 --> 01:43:45.800]  We're about to go to break.
[01:43:45.800 --> 01:43:46.800]  Okay.
[01:43:46.800 --> 01:43:47.800]  We'll pick this up on the other side.
[01:43:47.800 --> 01:43:51.920]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Riverlaw Radio.
[01:43:51.920 --> 01:44:02.800]  We'll be right back and try to finish up all of your calls.
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[01:45:00.880 --> 01:45:04.080]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:49.520 --> 01:45:52.040]  pro se tactics, and much more.
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[01:46:22.040 --> 01:46:51.680]  The people come down from the hill.
[01:46:51.680 --> 01:47:17.040]  Okay, Randy Keltner, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[01:47:17.040 --> 01:47:18.040]  Okay.
[01:47:18.040 --> 01:47:19.040]  Okay.
[01:47:19.040 --> 01:47:21.600]  Stuart, where are we?
[01:47:21.600 --> 01:47:23.560]  We haven't...
[01:47:23.560 --> 01:47:30.440]  At the bank, I remember the aides saying that Government National Mortgage Association owns
[01:47:30.440 --> 01:47:34.960]  my note, and then they were including a copy of my note, but it was the original note from
[01:47:34.960 --> 01:47:39.440]  the original mortgage company, which I did my refinance with.
[01:47:39.440 --> 01:47:41.840]  And it's the same one that's on file in the county.
[01:47:41.840 --> 01:47:43.680]  Nothing has been filed since then.
[01:47:43.680 --> 01:47:48.720]  And that note says, on the last page of it, I looked on this because I heard Randy talking
[01:47:48.720 --> 01:47:52.240]  about this on Alex Jones several months back.
[01:47:52.240 --> 01:47:57.800]  On the last page, it says, pay to the order of U.S. Bank without recourse.
[01:47:57.800 --> 01:48:03.480]  But over that, it's stamped canceled, and it's not signed, but U.S. Bank ended up being
[01:48:03.480 --> 01:48:04.480]  the servicer.
[01:48:04.480 --> 01:48:08.440]  Now, I got a certified default notice.
[01:48:08.440 --> 01:48:15.280]  You can almost be certain that whoever is the servicer is not the owner of the note.
[01:48:15.280 --> 01:48:16.280]  Right.
[01:48:16.280 --> 01:48:19.120]  But that's where the story gets interesting here.
[01:48:19.120 --> 01:48:21.280]  We need to go quickly.
[01:48:21.280 --> 01:48:22.280]  We've got to...
[01:48:22.280 --> 01:48:23.280]  I got it real quick here.
[01:48:23.280 --> 01:48:27.560]  They sent me a certified default notice on November the 15th, giving me 30 days to dispute
[01:48:27.560 --> 01:48:28.560]  the validity.
[01:48:28.560 --> 01:48:32.080]  I did that by email and got a response from them that they got it.
[01:48:32.080 --> 01:48:36.280]  Then I got a separate default notice saying, MERS owns the note, and that was on November
[01:48:36.280 --> 01:48:39.120]  23rd, with 30 days to dispute it.
[01:48:39.120 --> 01:48:45.280]  They paid my $1,100 tax bill from escrow, but they had to chunk in $577 to cover it
[01:48:45.280 --> 01:48:46.760]  all since I hadn't paid for several months.
[01:48:46.760 --> 01:48:48.200]  I was nice of them.
[01:48:48.200 --> 01:48:53.880]  Then I got a letter dated December 14th saying U.S. Bank had purchased my note on December
[01:48:53.880 --> 01:48:58.520]  1, which was already three months past due by then, which to me is crazy.
[01:48:58.520 --> 01:49:02.120]  They said in that letter that the note is not a recordable document.
[01:49:02.120 --> 01:49:07.360]  They're basically saying they didn't have to have all the stuff on file of the county
[01:49:07.360 --> 01:49:09.800]  saying who owns it.
[01:49:09.800 --> 01:49:13.760]  Actually, that was what MERS was put in place for.
[01:49:13.760 --> 01:49:14.760]  Right.
[01:49:14.760 --> 01:49:22.160]  That's what the courts have been saying, not... You set this company up to circumvent
[01:49:22.160 --> 01:49:24.600]  state law.
[01:49:24.600 --> 01:49:34.800]  Landmarked case, Kansas City, Kessler v.... Landmarked v. Kessler, I believe.
[01:49:34.800 --> 01:49:44.560]  They said... MERS came in and said that they set this company up so that these lending
[01:49:44.560 --> 01:49:51.360]  companies could register the note with MERS and then they could sell, make sales behind
[01:49:51.360 --> 01:49:54.320]  MERS and not have to register with the county.
[01:49:54.320 --> 01:49:59.120]  MERS set this up because the requirement to register with the county was archaic, cumbersome
[01:49:59.120 --> 01:50:00.120]  and costly.
[01:50:00.120 --> 01:50:01.120]  Right.
[01:50:01.120 --> 01:50:05.680]  The Kansas court agreed that it was archaic, cumbersome and costly, but they'd have to
[01:50:05.680 --> 01:50:06.680]  take that up to the legislature.
[01:50:06.680 --> 01:50:09.760]  Is that the case in Texas as well?
[01:50:09.760 --> 01:50:11.440]  They required to do that in Texas.
[01:50:11.440 --> 01:50:14.640]  Yes, and we're getting more and more cases hammering down MERS.
[01:50:14.640 --> 01:50:15.640]  You need to sue them.
[01:50:15.640 --> 01:50:16.640]  Well, that's what I was planning on doing.
[01:50:16.640 --> 01:50:22.000]  I told them on my note, I said I'd be willing to negotiate with them, but only with who
[01:50:22.000 --> 01:50:27.000]  actually legally owns the debt and they're going to have to prove to me that person owns
[01:50:27.000 --> 01:50:28.000]  the debt.
[01:50:28.000 --> 01:50:31.280]  I told them I'd block any attempts to foreclose on my property with a suit under common law
[01:50:31.280 --> 01:50:37.080]  for fraud and or file a complaint with the Hays County grand jury.
[01:50:37.080 --> 01:50:38.400]  Don't threaten them with the grand jury.
[01:50:38.400 --> 01:50:40.560]  I suggest you don't threaten them with it.
[01:50:40.560 --> 01:50:41.560]  Just do it.
[01:50:41.560 --> 01:50:42.560]  Right.
[01:50:42.560 --> 01:50:49.880]  If you don't mention it to them, they can't mention it to you.
[01:50:49.880 --> 01:50:55.120]  You get to kick them in the pants and they can't complain about it because if you don't
[01:50:55.120 --> 01:51:01.920]  say anything to them and they say something to you, that's tampering with the witness.
[01:51:01.920 --> 01:51:06.520]  That's deep water.
[01:51:06.520 --> 01:51:11.720]  The best way to get their attention and get something done is to file a federal lawsuit.
[01:51:11.720 --> 01:51:13.280]  A federal lawsuit?
[01:51:13.280 --> 01:51:14.280]  Yeah.
[01:51:14.280 --> 01:51:15.280]  Federal is better than state.
[01:51:15.280 --> 01:51:17.240]  At least that's been our experience.
[01:51:17.240 --> 01:51:18.240]  Yeah.
[01:51:18.240 --> 01:51:24.640]  But we do have people gaining traction in the state court.
[01:51:24.640 --> 01:51:27.480]  The tide is turning.
[01:51:27.480 --> 01:51:33.800]  At this point, with remedies in real estate, we primarily do federal cases because to try
[01:51:33.800 --> 01:51:42.360]  to develop cases for all 50 states, it would just be way beyond anything we could do.
[01:51:42.360 --> 01:51:49.800]  We've developed a rather extensive lawsuit for the Fed, but if somebody is willing to
[01:51:49.800 --> 01:51:57.080]  do their own research, they could certainly file a state action, but you're not going
[01:51:57.080 --> 01:52:00.280]  to get any traction unless you sue them.
[01:52:00.280 --> 01:52:02.400]  That's where you get their attention.
[01:52:02.400 --> 01:52:07.160]  They haven't followed up with anything since then, other than this letter when they bought
[01:52:07.160 --> 01:52:10.480]  the note, which I thought was crazy, and I saw the U.S. bank just lost a big case in
[01:52:10.480 --> 01:52:11.480]  Massachusetts.
[01:52:11.480 --> 01:52:12.480]  Okay.
[01:52:12.480 --> 01:52:14.480]  We really need to move along.
[01:52:14.480 --> 01:52:15.480]  Yeah.
[01:52:15.480 --> 01:52:16.960]  We've only got six minutes left.
[01:52:16.960 --> 01:52:20.880]  Can you call back on next Thursday to talk more about mortgage issues?
[01:52:20.880 --> 01:52:21.880]  Yes.
[01:52:21.880 --> 01:52:26.120]  I'll do my best to do that when I'm corresponded with you.
[01:52:26.120 --> 01:52:31.760]  If you need help with the situation of putting together a lawsuit, you may want to contact
[01:52:31.760 --> 01:52:37.560]  Randy's mortgage fraud company, remediesinrealestate.com.
[01:52:37.560 --> 01:52:39.600]  Send Randy an email at remediesinrealestate.com.
[01:52:39.600 --> 01:52:40.600]  I've already done that.
[01:52:40.600 --> 01:52:41.600]  I'll get on it.
[01:52:41.600 --> 01:52:42.600]  Thanks for your help.
[01:52:42.600 --> 01:52:43.600]  Okay.
[01:52:43.600 --> 01:52:44.600]  Great.
[01:52:44.600 --> 01:52:45.600]  Thanks, Stuart.
[01:52:45.600 --> 01:52:46.600]  Okay.
[01:52:46.600 --> 01:52:47.600]  We're going now quickly.
[01:52:47.600 --> 01:52:48.600]  We are going to try to jam in as many calls as possible.
[01:52:48.600 --> 01:52:49.600]  We've got Rodney in Texas.
[01:52:49.600 --> 01:52:50.600]  Rodney, thanks for calling in.
[01:52:50.600 --> 01:52:51.600]  What's on your mind?
[01:52:51.600 --> 01:52:52.600]  Well, good evening.
[01:52:52.600 --> 01:53:02.960]  I'm in discover in the federal court and sent out my first request for a productions on
[01:53:02.960 --> 01:53:03.960]  a defendant.
[01:53:03.960 --> 01:53:09.000]  They granted you, the federal judge granted you your discovery motion, request for discovery?
[01:53:09.000 --> 01:53:10.000]  Oh, yes.
[01:53:10.000 --> 01:53:11.000]  Okay.
[01:53:11.000 --> 01:53:12.000]  Great.
[01:53:12.000 --> 01:53:13.000]  Discovery is not really a motion.
[01:53:13.000 --> 01:53:14.000]  Right.
[01:53:14.000 --> 01:53:15.000]  You just send it to them.
[01:53:15.000 --> 01:53:16.000]  Right.
[01:53:16.000 --> 01:53:17.000]  Right.
[01:53:17.000 --> 01:53:18.000]  The judge made that clear to me.
[01:53:18.000 --> 01:53:22.920]  That's my right, pursuant to the federal rules of civil procedure 12.
[01:53:22.920 --> 01:53:25.160]  So you got back, you got by rule 12.
[01:53:25.160 --> 01:53:26.160]  Right.
[01:53:26.160 --> 01:53:27.160]  Okay.
[01:53:27.160 --> 01:53:34.600]  So what happens is the defendant gets it and quickly resigns his position as the official
[01:53:34.600 --> 01:53:43.560]  of this agency and the defendant's attorney makes a motion to the court asking to substitute
[01:53:43.560 --> 01:53:48.880]  another official in place of the defendant that I sent the request for productions to.
[01:53:48.880 --> 01:53:54.720]  Now, the rule says that that doesn't change the circumstances, however, I'm wondering
[01:53:54.720 --> 01:54:02.120]  if I should still compel discovery of the defendant who resigned after he had filed
[01:54:02.120 --> 01:54:06.960]  an answer denying all of the charges to my complaint.
[01:54:06.960 --> 01:54:07.960]  And the other thing is...
[01:54:07.960 --> 01:54:08.960]  Okay.
[01:54:08.960 --> 01:54:09.960]  Hold on.
[01:54:09.960 --> 01:54:10.960]  Hold on.
[01:54:10.960 --> 01:54:11.960]  I need a...
[01:54:11.960 --> 01:54:12.960]  I got a question.
[01:54:12.960 --> 01:54:13.960]  You want me to defend it personally?
[01:54:13.960 --> 01:54:14.960]  Yeah.
[01:54:14.960 --> 01:54:22.680]  But I'm assuming that was the question the judge asked me, am I suing them in their official
[01:54:22.680 --> 01:54:25.680]  or individual capacity?
[01:54:25.680 --> 01:54:27.680]  And I actually said both.
[01:54:27.680 --> 01:54:28.680]  Good.
[01:54:28.680 --> 01:54:32.680]  So he's still in the lawsuit?
[01:54:32.680 --> 01:54:33.680]  Yeah.
[01:54:33.680 --> 01:54:34.680]  Yeah.
[01:54:34.680 --> 01:54:42.560]  And rule 35 says that even if he does resign and is substituted in by another official,
[01:54:42.560 --> 01:54:51.160]  it doesn't change the lawsuit, however, it also says that it has to be a proper official
[01:54:51.160 --> 01:54:56.880]  and that there has to be a hearing and that in order for the defendants or plaintiff to
[01:54:56.880 --> 01:54:57.880]  substitute...
[01:54:57.880 --> 01:55:04.000]  Well, in this case, the defendant to substitute an official in place of another official that
[01:55:04.000 --> 01:55:07.040]  it must be done within 90 days.
[01:55:07.040 --> 01:55:13.840]  Now, I don't know when that clock actually started to run, was it after the defendant
[01:55:13.840 --> 01:55:21.800]  filed their answer to my complaint or what, but it looks to me like they've already exceeded
[01:55:21.800 --> 01:55:29.400]  that 90 day period and I'm going to argue and object to them substituting in this other
[01:55:29.400 --> 01:55:30.400]  official.
[01:55:30.400 --> 01:55:40.160]  So I'm wondering what other things might I have that I can use here, Randy?
[01:55:40.160 --> 01:55:41.160]  I'm not sure.
[01:55:41.160 --> 01:55:46.680]  I don't really have a question from you other than that's kind of a blank open question,
[01:55:46.680 --> 01:55:49.080]  whatever other things can you use?
[01:55:49.080 --> 01:55:57.280]  Well, they cited a case here, Smith versus Chudelsky Veterans Affair, to support their
[01:55:57.280 --> 01:56:02.520]  claim that they can substitute this official in the place of the other official.
[01:56:02.520 --> 01:56:03.520]  Okay.
[01:56:03.520 --> 01:56:09.760]  This is not a question I could answer directly, I'd have to, you know, it's kind of an arcane,
[01:56:09.760 --> 01:56:10.760]  unusual question.
[01:56:10.760 --> 01:56:14.920]  I'd have to research that before I could give you a proper answer.
[01:56:14.920 --> 01:56:15.920]  Right.
[01:56:15.920 --> 01:56:22.160]  Well, you know, I just, I mean, when I sent my request for production to this official,
[01:56:22.160 --> 01:56:23.160]  I was thinking, well...
[01:56:23.160 --> 01:56:24.160]  Okay, wait, wait.
[01:56:24.160 --> 01:56:25.160]  We really need to move.
[01:56:25.160 --> 01:56:26.160]  We've got three more callers.
[01:56:26.160 --> 01:56:27.160]  Okay.
[01:56:27.160 --> 01:56:29.360]  I don't mean to rush you, but you stumped a chump here.
[01:56:29.360 --> 01:56:30.360]  Okay.
[01:56:30.360 --> 01:56:33.680]  Why don't you try to call back on next Thursday, Randy?
[01:56:33.680 --> 01:56:34.680]  All right.
[01:56:34.680 --> 01:56:35.680]  Well, thank you very much.
[01:56:35.680 --> 01:56:36.680]  Okay.
[01:56:36.680 --> 01:56:37.680]  Thank you.
[01:56:37.680 --> 01:56:38.680]  All right.
[01:56:38.680 --> 01:56:39.680]  We're probably only going to have time to jam in one more call.
[01:56:39.680 --> 01:56:40.680]  We're going to go to Marcus in Virginia.
[01:56:40.680 --> 01:56:41.680]  Marcus, quickly.
[01:56:41.680 --> 01:56:43.680]  We've got barely two minutes left.
[01:56:43.680 --> 01:56:47.640]  I don't think I'm going to be able to cover everything that quickly anyway.
[01:56:47.640 --> 01:56:49.840]  I got a problem with the...
[01:56:49.840 --> 01:56:53.040]  Hey, Marcus, there's a lot of background noise on your end.
[01:56:53.040 --> 01:56:55.760]  Is there a lot of people in the room with the radio on or something?
[01:56:55.760 --> 01:56:59.960]  That the restaurant was pretty quiet earlier, but it just...
[01:56:59.960 --> 01:57:00.960]  Okay.
[01:57:00.960 --> 01:57:01.960]  All right.
[01:57:01.960 --> 01:57:02.960]  Go ahead.
[01:57:02.960 --> 01:57:07.560]  Anyway, I have a problem with mall security at Chesterfield Town Center and the Chesterfield
[01:57:07.560 --> 01:57:09.040]  County Police Department.
[01:57:09.040 --> 01:57:10.040]  Okay.
[01:57:10.040 --> 01:57:11.040]  Apparently...
[01:57:11.040 --> 01:57:14.280]  You might want to call in next Thursday as well.
[01:57:14.280 --> 01:57:15.280]  Yeah.
[01:57:15.280 --> 01:57:21.000]  I saw the chat from my call screener, something about they were accusing you of taking pictures
[01:57:21.000 --> 01:57:22.360]  of children or something.
[01:57:22.360 --> 01:57:23.360]  Right.
[01:57:23.360 --> 01:57:24.360]  Yeah.
[01:57:24.360 --> 01:57:25.360]  Well, is that a crime?
[01:57:25.360 --> 01:57:28.280]  Is it a crime to take pictures of people in public?
[01:57:28.280 --> 01:57:35.160]  Well, not that I know of, but this might be some policy that...
[01:57:35.160 --> 01:57:38.160]  Did they kick you out of the mall?
[01:57:38.160 --> 01:57:43.280]  No, but they moved against me so fast.
[01:57:43.280 --> 01:57:45.120]  They had the cuffs on me.
[01:57:45.120 --> 01:57:48.080]  They got their little police station in the mall there.
[01:57:48.080 --> 01:57:49.800]  Oh, they assaulted you.
[01:57:49.800 --> 01:57:50.800]  They assaulted you.
[01:57:50.800 --> 01:57:53.000]  They interrogated me and my son.
[01:57:53.000 --> 01:57:54.000]  Wait a minute.
[01:57:54.000 --> 01:57:55.000]  Interrogated you?
[01:57:55.000 --> 01:57:56.000]  Yeah.
[01:57:56.000 --> 01:57:57.000]  They don't have the right to arrest you.
[01:57:57.000 --> 01:57:58.000]  It's the security.
[01:57:58.000 --> 01:57:59.000]  So they...
[01:57:59.000 --> 01:58:05.000]  Well, they got the mall security and they also have a little police station for the
[01:58:05.000 --> 01:58:07.000]  Chesterfield County Police Department.
[01:58:07.000 --> 01:58:08.440]  Oh, so they arrested you.
[01:58:08.440 --> 01:58:10.000]  So the police arrested you.
[01:58:10.000 --> 01:58:11.000]  Right.
[01:58:11.000 --> 01:58:12.000]  Yeah.
[01:58:12.000 --> 01:58:16.200]  But I think the guy who was accusing me was undercover for the mall security.
[01:58:16.200 --> 01:58:17.200]  Okay.
[01:58:17.200 --> 01:58:18.200]  But what were they accusing you of?
[01:58:18.200 --> 01:58:19.200]  Was it a specific crime?
[01:58:19.200 --> 01:58:23.000]  Well, I couldn't get that out of the police.
[01:58:23.000 --> 01:58:25.440]  I mean, all I know is...
[01:58:25.440 --> 01:58:27.440]  Did they ever charge you with a crime?
[01:58:27.440 --> 01:58:28.440]  No.
[01:58:28.440 --> 01:58:29.440]  Okay.
[01:58:29.440 --> 01:58:30.440]  All right.
[01:58:30.440 --> 01:58:31.440]  We're going to have to take this up on Monday or Thursday.
[01:58:31.440 --> 01:58:33.440]  We'll talk about suits for false imprisonment.
[01:58:33.440 --> 01:58:34.440]  Yeah.
[01:58:34.440 --> 01:58:35.440]  Absolutely.
[01:58:35.440 --> 01:58:36.440]  This is ridiculous.
[01:58:36.440 --> 01:58:37.440]  I'm sorry.
[01:58:37.440 --> 01:58:38.440]  We ran out of time, Marcus.
[01:58:38.440 --> 01:58:39.440]  Yeah.
[01:58:39.440 --> 01:58:40.440]  Please call back in.
[01:58:40.440 --> 01:58:41.440]  Please call back in.
[01:58:41.440 --> 01:58:42.440]  We'll talk about this some more.
[01:58:42.440 --> 01:58:43.440]  Yeah.
[01:58:43.440 --> 01:58:44.440]  Randy will be here on Thursday.
[01:58:44.440 --> 01:58:45.440]  Monday is Eddie's night.
[01:58:45.440 --> 01:58:48.000]  He usually goes over to traffic, but you can call on Monday.
[01:58:48.000 --> 01:58:50.400]  If you want to talk to all of us, call in on Thursday.
[01:58:50.400 --> 01:58:51.400]  Okay.
[01:58:51.400 --> 01:58:52.400]  All right.
[01:58:52.400 --> 01:58:53.400]  All right.
[01:58:53.400 --> 01:58:54.400]  Good night, folks.
[01:58:54.400 --> 01:58:55.400]  We will see you on Monday.
[01:58:55.400 --> 01:58:56.400]  This is a rule of law.
[01:58:56.400 --> 01:58:57.400]  Ruleoflawradio.com.
[01:58:57.400 --> 01:59:25.400]  I'm like a stepping raise, I don't want my size, I'm dangerous, dangerous, I'm like
[01:59:25.400 --> 01:59:38.400]  a stepping raise, I don't want my size, I'm dangerous, dangerous, I'm like a stepping
[01:59:38.400 --> 01:59:43.400]  raise, I don't want my size, I'm dangerous, dangerous.
[01:59:43.400 --> 01:59:55.400]  I'm dangerous, dangerous, dangerous, dangerous.