[00:00.000 --> 00:04.240] This news brief brought to you by the International News Net. [00:04.240 --> 00:09.040] Hundreds of thousands of protesters gathered Friday in Cairo's Tahrir Square, [00:09.040 --> 00:12.240] calling for President Khatni Mubarak to stand down. [00:12.240 --> 00:17.680] Meanwhile, Egypt's new prime minister, Ahmed Shafik, said Mubarak would not be handing [00:17.680 --> 00:21.760] over powers to Vice President Omar Suleiman before September elections, [00:21.760 --> 00:25.440] quote, ruling out an early exit for Mubarak. [00:25.440 --> 00:30.480] At one point, a huge cheer went up amongst protesters when a false rumor went out saying [00:30.480 --> 00:33.520] the president had stepped down. [00:33.520 --> 00:38.320] Jordanians from leftist groups and the Muslim Brotherhood marched in Amman Friday, [00:38.320 --> 00:43.360] demanding economic and political reforms while supporting the uprising in Egypt. [00:43.360 --> 00:49.600] Earlier this week, King Abdullah appointed Marouf Baqit Prime Minister after weeks of protests. [00:49.600 --> 00:56.400] Baqit's last government, which oversaw elections in 2007, was accused of vote-rigging. [00:56.400 --> 01:02.160] Egyptian soldiers, isolated on the Gaza border by 10 days of internal upheaval, [01:02.160 --> 01:06.160] are getting bread, canned goods, and other food from the Gaza Strip, [01:06.160 --> 01:08.640] which usually receives food aid. [01:08.640 --> 01:14.080] Palestinian merchants in Gaza have also been smuggling vegetables, eggs, and other staples [01:14.080 --> 01:21.120] into Egypt, where store owners have run out of stock, reversing the usual flow of goods. [01:21.120 --> 01:26.080] The Obama administration discussed plans with Egyptian officials for President Hosni Mubarak [01:26.080 --> 01:31.520] to resign immediately and turn over power to a transitional government headed by Vice President [01:31.520 --> 01:37.040] Omar Suleiman, a former point man for the CIA's extraordinary rendition program. [01:37.040 --> 01:41.600] Even though Mubarak has balked at leaving, officials from both governments are talking [01:41.600 --> 01:47.520] about a plan in which Suleiman, backed by the army, would immediately begin constitutional reforms. [01:47.520 --> 01:52.800] The proposal also calls for the transitional government to invite members from opposition groups, [01:52.800 --> 01:58.080] including the banned Muslim Brotherhood, in an effort to hold free elections in September. [01:58.080 --> 02:02.720] Mubarak's insistence on staying was tested by day-of-departure protests [02:02.720 --> 02:08.480] that drew millions Friday. As paid Mubarak supporters attacked reporters and demonstrators, [02:08.480 --> 02:13.440] Mubarak told Christiane Amanpour of ABC News Thursday he was, quote, [02:13.440 --> 02:18.000] fed up with being president but could not step down for fear of sowing chaos. [02:19.680 --> 02:24.720] BP's attempts to quickly resolve billions of dollars in oil spill claims were undercut [02:24.720 --> 02:30.160] Wednesday by a Louisiana court which questioned the independence of the company's $20 billion [02:30.160 --> 02:35.600] dollar claims fund. Judge Carl Barbier said Kenneth Feinberg, the lawyer in charge of the fund, [02:35.600 --> 02:43.360] is acting in BP's interest. Judge Barbier noted Feinberg's $850,000 monthly fees are paid directly [02:43.360 --> 02:49.920] by BP, and Feinberg has numerous obligations to consult and provide information to the oil giant [02:49.920 --> 02:55.680] during the claims process. The ruling opens the possibility that thousands of people who suffered [02:55.680 --> 03:02.160] personal injury or lost their livelihoods might now bypass the claims fund and seek redress in the courts. [03:02.160 --> 03:08.000] For more details on these stories, visit www.inmworldreport.net. [03:11.600 --> 03:15.040] You are listening to the Rule of Law Radio Network [03:15.040 --> 03:32.960] at ruleoflawradio.com, live free speech talk radio at its best. [03:32.960 --> 03:53.680] Okay, this is Randy Kelton, Debra Stevens, Eddie Craig, Rule of Law Radio. We're talking to Chuck [03:53.680 --> 04:02.720] from Ohio and about the bar grievances. If you did like 50 of them and have like 49 people do [04:02.720 --> 04:10.880] that. Wait a minute, wait a minute. That's a bit of an overkill. Well, my point is on that issue [04:10.880 --> 04:16.080] that you were bar grieving, he would know that you were not playing around on that issue and everybody [04:16.080 --> 04:23.040] else would know that too, right? That's true. Okay, now my other point would be like let's say [04:23.040 --> 04:28.720] you were able to do that, then wouldn't you be able to go like if he had a loan on a house or [04:28.720 --> 04:33.680] something and you were able to go to his credit rating and say well look this guy's got so many [04:33.680 --> 04:40.240] bar grievance against him that he'd be in jeopardy of losing his bar license so therefore his credit [04:40.240 --> 04:47.360] rating would go up. I would not touch that with a 10-foot pole. Okay, all right. That'll get him [04:47.360 --> 04:52.960] back after you for slander. Okay, all right. Then another thing I had a question about, [04:52.960 --> 05:01.520] does a police officer carry a bond? Not personally, it's usually a bond through a policy carried by [05:01.520 --> 05:07.200] the city. So let's say that if you charge them like kidnapping or whatever, a police officer, [05:07.200 --> 05:12.800] you couldn't go after the bond. Sure you can. You just have to file it on the city's bond. There [05:12.800 --> 05:18.400] won't be an individual one for the officer. You could do that. Okay, that was the two questions [05:18.400 --> 05:23.040] I had. I just had a dream on it last night. I thought it might be a different idea to go after these people. [05:23.040 --> 05:28.320] If they're going after your money, you might as well go after my money or your our money. [05:28.320 --> 05:33.040] I want to go after theirs a little bit. That's what I was thinking. That's the way we like folks to think. [05:34.000 --> 05:41.200] In the end, it all gets down to the money. Now the issue for me has always been kind of the fact [05:41.200 --> 05:48.160] that I believe a public servant should have to put his own money up in a bond. That way he has more [05:48.160 --> 05:55.200] personal risk on the line for stepping over that line. He's likely to be more accountable because of it. [05:57.200 --> 06:02.560] Okay, it was just an idea. I thought maybe it might be a good topic to use after they're [06:02.560 --> 06:06.400] not listening to anybody in court and do whatever they want to do. I thought this might be a good [06:06.400 --> 06:13.040] idea to try to influence them to go the other way. Okay, well I don't want to waste your time. [06:13.040 --> 06:20.000] I want to let you talk to other people then. Thank you very much. Okay, now we're going to go to [06:20.000 --> 06:27.520] Jason in Texas. Hey guys, I'm doing a follow-up call. Eddie, I called you last week, I guess, [06:27.520 --> 06:35.600] about the definition of traveling. You referred me to some gun-related house bills. [06:35.600 --> 06:44.720] And I looked up HB 823, which was passed by the 79th legislature in 2005. And what that does is [06:44.720 --> 06:49.840] that doesn't give a definition of traveling, but it makes a presumption of traveling if you meet the [06:49.840 --> 06:55.600] five elements. And those five elements are that you're in a personal motor vehicle, you're not [06:55.600 --> 07:01.120] engaged in criminal activity, you're not prohibited from owning a firearm, you're not in a gang, [07:01.120 --> 07:11.840] and your gun is not in plain view. That's in 2005. If you read 46.02, Unlawful Carrying Weapons, [07:11.840 --> 07:21.040] in today's statute, it says 46.15 is non-applicability. And specifically, [07:21.040 --> 07:28.480] like I referred to in our last conversation, Subsection 9, Subsection B, Subsection 2 says [07:28.480 --> 07:35.600] 46.02 does not apply to a person who is traveling. So I've come into one of these situations where [07:35.600 --> 07:41.360] Deborah likes to call circular logic. And it says if they're using this presumption of traveling, [07:41.360 --> 07:48.080] being these five elements from 2005, and that is that you're presumed to be traveling if you [07:48.080 --> 07:53.440] meet these elements. But you read today's statute, it says that none of those elements apply to you [07:53.440 --> 07:58.960] if you're traveling. And so I'm having a problem with that circular logic here. [08:00.960 --> 08:04.960] Okay, what specific statute says it doesn't apply to you if you're traveling? [08:05.920 --> 08:09.920] 46.15 is not applicable. [08:09.920 --> 08:11.920] Of which code? [08:11.920 --> 08:13.920] What's that? [08:13.920 --> 08:15.920] Of which code? [08:15.920 --> 08:17.920] The penal code, I'm sorry. [08:17.920 --> 08:23.520] Okay, and what was the previous thing you read? Was that a statute, or was that a... [08:23.520 --> 08:26.480] It was a House Bill 823. [08:26.480 --> 08:28.640] Okay, House Bills don't mean anything in law. [08:29.280 --> 08:33.040] This got passed. I looked it up, and it says it was signed by the governor. [08:33.040 --> 08:35.040] Okay, then it was codified into a code. [08:36.720 --> 08:41.120] Yes, I'm not sure exactly what that number is, but I was reading the text of the bill. [08:42.960 --> 08:43.600] And the bill? [08:45.440 --> 08:46.880] It's from 2005. [08:46.880 --> 08:47.920] Okay, read that again. [08:48.720 --> 08:54.880] Okay, it is the presumption of traveling. And it says that you are presumed to be traveling if [08:55.520 --> 09:00.560] you're in a private motor vehicle, you're not engaged in... And this is specifically for [09:01.120 --> 09:03.520] the application of unlawful carrying of weapons. [09:03.520 --> 09:04.480] Right, right. [09:04.480 --> 09:07.680] Okay, you're presumed to be traveling if you're in a private motor vehicle, [09:09.280 --> 09:13.840] you're not engaged in criminal activity, you're not prohibited from owning a firearm, [09:13.840 --> 09:17.200] you're not in a gang, and your weapon is not in plain view. [09:17.200 --> 09:21.360] Okay, so this says nothing about county to county. [09:22.400 --> 09:26.400] No, no. And in fact, Eddie, in our last conversation, you'd mentioned that. [09:26.960 --> 09:32.720] That was a possibility. I did find text to that effect on the NRA website. [09:33.280 --> 09:40.560] And it says what the NRA article said is that they specifically avoided defining traveling [09:40.560 --> 09:45.840] and gave the example county to county if you're staying overnight because... [09:45.840 --> 09:55.760] Right. Well, subsection I of that act, let's see, which is 46.03, penal code, subsection I, [09:55.760 --> 10:03.920] it is an exception to the application of subsection A6 that the actor possessed a firearm or club, [10:03.920 --> 10:09.840] one, while in a vehicle being driven on a public road, or two, at the actor's residence [10:09.840 --> 10:18.320] or place of employment. Okay, and A6 deals within 1,000 feet of premises, the location of which is [10:18.320 --> 10:24.560] designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19. [10:24.560 --> 10:38.320] Right. If you skip down to 46.15, it addresses 46.02 and 46.03. It says 46.15, subsection IX, [10:39.840 --> 10:51.600] subsection B, and two. And B does 46.02. Well, actually, the non-applicability statement at [10:51.600 --> 11:02.080] the top of 46.15, the section 46.02 and 46.03 do not apply to, and then you skip down to 9B2, [11:02.080 --> 11:13.040] a person who is traveling. Let's see, 9B2? Yes. [11:13.040 --> 11:21.840] Yes. I don't see a 9B2. Let's see here. On 46... [11:22.880 --> 11:30.560] 46.15 is numbered A, one through nine, then B, one through... [11:31.680 --> 11:33.440] Okay, yeah, look at nine. Eight. [11:35.360 --> 11:39.120] If you look at nine, it says... Wait a minute, is that A9? [11:39.120 --> 11:46.640] Yes, A9. Okay, go ahead. [11:46.640 --> 11:55.120] A9 has to do with a juvenile probation officer who is authorized to carry a firearm under 142.006 [11:55.120 --> 11:58.320] Human Resources Code. That's right. Now, then you see B, [11:58.320 --> 12:08.960] it says section 46.02 does not apply to a person who, and then look at number two, is traveling. [12:08.960 --> 12:12.720] 46.02. That's... [12:12.720 --> 12:14.800] Being unlawful carrying of weapons. [12:19.200 --> 12:21.840] Let's see. Okay. [12:21.840 --> 12:28.960] Okay. The way this sounds to me, as long as you're not walking down the street or [12:29.680 --> 12:33.840] if you're not on foot, essentially you're traveling. [12:35.200 --> 12:39.200] Right. That's what I'm getting to. The reason I was calling is because I'm [12:40.160 --> 12:46.960] looking for the definition of traveling, and the closest I can get to it in today's statute says [12:46.960 --> 12:53.120] that it doesn't apply if you're traveling. The five elements that make up traveling [12:53.120 --> 12:58.000] don't apply if you're traveling. There's a lot of case law on the [12:58.000 --> 13:04.080] right to travel issue, and it'll have definitions of travel in there, if you look at that. [13:05.680 --> 13:08.400] No, and that gets to another point I wanted to bring up. [13:10.640 --> 13:15.200] I'm pretty sure this would be a long deal looking for the traveling and talking about that, [13:15.200 --> 13:20.080] but getting to what you're just saying, I hear you all talk about doing legal research, [13:20.720 --> 13:26.240] and I'd really like to get into that. You guys have blazed the path. You've used these services. [13:26.240 --> 13:32.080] You know what works and what works best for what situation. If I can make a show suggestion, [13:32.080 --> 13:38.400] it would be to go over what Lexus... I hear you talk about Lexus and final law, [13:38.400 --> 13:44.160] and talk about what services are best to use for what kind of legal research you're doing. [13:44.160 --> 13:45.360] You know what I mean? Yes. [13:46.240 --> 13:50.160] Because I hear you all talk about it, and I did some looking on it, but I find all kinds [13:50.160 --> 13:53.520] of different things about Lexus, and that's just really clear. [13:53.520 --> 14:01.760] Yeah. Lexus and Westlaw are relatively expensive. There are easier ways to do primary research, [14:01.760 --> 14:04.480] especially if you're just starting out. Right. [14:04.480 --> 14:08.000] If you're just starting out, you don't always know what you're looking for. [14:08.800 --> 14:12.960] That's exactly right. Well, I suggest if you go down to the [14:12.960 --> 14:22.320] courthouse and look up cases that are similar to your issue, and pull the files, [14:24.160 --> 14:29.280] you'll be amazed what you find in there. Well, in actuality, now that I've gone back [14:29.280 --> 14:38.880] and looked at this, the 46.15B2 is actually in our favor. B2 specifically says that the [14:38.880 --> 14:45.440] unlawful carrying of weapons charge under 46.02 cannot be applied to someone who is traveling. [14:45.440 --> 14:46.960] That's what it says. That's what we got. [14:46.960 --> 14:54.320] 46.02 does not apply to someone that's traveling. Now, given that, this specifically states that [14:54.320 --> 15:01.520] it's anyone in an automobile upon a public highway, or in the vicinity of their residence, [15:01.520 --> 15:06.000] or going to and from one of those places, or their place of employment, and so on and so forth. [15:06.000 --> 15:11.360] Right. That's what I was looking for, and that's the way I read it. [15:12.880 --> 15:17.120] Like I say, I'm just trying to get that definition solid. Of course, in my case, [15:17.120 --> 15:19.360] I'm not even going to get to there. I'm going to get to the due process. [15:20.560 --> 15:25.120] Speaking of going back to the beginning of your show about the magistrates and their [15:25.120 --> 15:30.880] magistrations, I sent you all an email that was titled, City Website Admits to Violating [15:30.880 --> 15:36.960] Due Process. I'm not sure if you all got that. Yes, I got that. Yeah, but it says right here, [15:36.960 --> 15:40.800] real quick. I'll be real quick with it. It's a frequently asked question for the city website, [15:40.800 --> 15:45.360] the official city website. One of the frequently asked questions is, what can I do if someone I [15:45.360 --> 15:49.360] know has been arrested? Here's the answer. There's some bold words, and I'll stress the bold words. [15:49.920 --> 15:54.960] The answer is, you may not visit an arrested person at the City Magistration and Detention [15:54.960 --> 16:00.000] Center. You must wait for the arrested person to be processed through the facility. The [16:00.000 --> 16:05.520] Magistration process may take several hours. So right there, just in there on their own website, [16:05.520 --> 16:10.800] they admit to violating that. But really quick, I'll get off the phone because I know you got [16:10.800 --> 16:16.160] other callers. Eddie, I say on my last reading of the Ellis County Observer, I think you [16:16.160 --> 16:24.480] tore a judge in the orifice. Well, that was not my intent when I originally started that post. [16:24.480 --> 16:30.400] I was simply asked a question, and I stated my opinion based on law. And of course, then the [16:30.400 --> 16:34.560] termites come crawling out of the woodwork to try to tear it apart. But they were completely [16:34.560 --> 16:39.520] unsuccessful. Well, if it makes you feel any better, I'd trust you to order my food at McDonald's. [16:39.520 --> 16:45.600] And I hear the music. I'll catch you guys later. All right, Jason. Thank you. All right, folks. [16:45.600 --> 16:51.040] This is Rule of Law Radio, Eddie Craig, Randy Kelton, Deborah Stevens. We have another hour [16:51.040 --> 16:57.920] and 45 minutes in the show. So give us a call. 512-646-1984. And we will be right back. [17:21.040 --> 17:34.240] We offer daily specials on coins and bullion. We're located at 5448 Burnett Road, Suite 3. [17:34.240 --> 17:40.240] And we're open Monday through Friday, 10 a.m. to 6 p.m. Saturdays, 10 a.m. to 5 p.m. You are [17:40.240 --> 17:48.560] welcome to stop in our shop during regular business hours or call 512-646-6440 with any question. [17:48.560 --> 17:54.320] Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM. That's Capitol Coin and [17:54.320 --> 18:03.920] Bullion, 512-646-6440. Are you being harassed by debt collectors with phone calls, letters, [18:03.920 --> 18:09.920] or even lawsuits? Stop debt collectors now with the Michael Mears Proven Method. Michael Mears [18:09.920 --> 18:15.200] has won six cases in federal court against debt collectors and now you can win too. 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Only the father [19:05.440 --> 19:12.000] can deliver you. Don't let bad-minded people hurt you. And just say something, get behind. [19:12.000 --> 19:41.920] All right, folks. We are back. This is Rule of Law. [19:42.000 --> 19:47.680] Rule of Law Radio. Okay, we still have some callers on the board here. Let's get with those [19:47.680 --> 19:54.400] and see who we have coming up. Right now, we have another Mark in Texas. Mark, what can we do for you? [19:55.920 --> 20:02.880] Simple question, really. It has to do with taking my mortgage companies, such as they are, [20:02.880 --> 20:14.640] to task. And it has to do with the steps in the hopscotch game. QWR first, lawsuit almost [20:14.640 --> 20:21.680] simultaneously, and then what? It depends on what the condition of your mortgage is at the present. [20:21.680 --> 20:27.760] It's in foreclosure. It's behind on mortgage payments. Have you received a notice of acceleration? [20:27.760 --> 20:35.840] Oh, yeah. Going back months. Oh, okay. So how close are you to foreclosure sale? [20:35.840 --> 20:39.840] I have no idea. So you haven't had a notice of a? [20:39.840 --> 20:47.760] Negative. Oh, good. Okay. The short answer is sue. Sue quick, [20:47.760 --> 20:51.600] sue often. The only way you're going to get their attention is to sue them. [20:51.600 --> 21:01.440] So let me ask you, Randy, with that said, where does QWR come in the grand scheme of things [21:01.440 --> 21:07.040] procedurally? Does that need to precede the lawsuit that I file almost right on the heels of that, [21:07.040 --> 21:11.040] or as I'm assuming is the case? We can do them both at the same time. [21:11.040 --> 21:13.680] Oh, great. Okay. So we'll do them both at the same time. [21:14.560 --> 21:21.280] Their duty is invoked by the qualified written request, regardless of the lawsuit. [21:21.280 --> 21:23.440] Fair enough. Also, you want to ask them. [21:23.440 --> 21:27.760] They must respond by a given period of time. Yeah. They got 20 days to notify you. They [21:27.760 --> 21:37.120] received it. 60 days to explain or correct the accounting errors that you claim. [21:38.880 --> 21:44.400] Which are delineated with respect to the documents that I'm asking them to produce? [21:44.400 --> 21:45.680] No. With regard to? [21:45.680 --> 21:52.240] Oh, no. Where does all of the documentation that happens when you close the house come [21:52.240 --> 21:55.280] into play and all that? Okay. If you have looked at [21:55.280 --> 22:02.080] qualified written requests on the internet, everyone that I have looked at so far was not [22:02.080 --> 22:08.080] a qualified written request. Would that include NACA's qualified written request? [22:08.080 --> 22:10.160] Yes. Okay. Fair enough. [22:10.160 --> 22:13.360] They seem to have not read the book. Okay. [22:13.360 --> 22:21.280] A qualified written request is a term of art. It refers to a notice to the lender of an [22:21.280 --> 22:26.880] accounting error and a request that the lender correct the error. [22:26.880 --> 22:30.560] Which would speak to a specific error. Yes. [22:30.560 --> 22:33.760] Okay. So what we do is we take all of the fees [22:33.760 --> 22:41.840] that they charge to close and since they never provide the necessary documentation to show [22:41.840 --> 22:50.560] that those fees are not otherwise prohibited by law, that the services charged for are [22:51.520 --> 22:59.680] necessary, that the amounts charged are reasonable, and that the lender did not take an undisclosed [22:59.680 --> 23:04.080] markup on the fees charged, we maintain they're all bogus. [23:04.960 --> 23:06.720] That they should never have been charged in the first place. [23:06.720 --> 23:12.320] They were false fees. Take them all off the principal of the note, run the note. [23:12.320 --> 23:17.040] And it's also fair to say too then that the lender, as it were in this particular case, [23:17.040 --> 23:20.080] using the term loosely, might have marked those fees up. [23:21.760 --> 23:26.240] It is very good to say that. You could be real safe in saying that. [23:26.960 --> 23:34.640] And you could also be pretty safe in saying that some of those fees are in fact absolutely bogus. [23:34.640 --> 23:38.000] Okay. They call them junk fees. [23:39.040 --> 23:42.320] And they just stick them in there. It was such a common practice. [23:42.960 --> 23:46.640] Nobody ever raised an issue that everybody did it. [23:46.640 --> 23:50.640] And they added hundreds and hundreds of dollars to your cost of closing. [23:52.320 --> 23:59.040] That's fraud. That's theft by deception. It's not just tort fraud. [23:59.040 --> 23:59.920] No, that's not. It's criminal fraud. [23:59.920 --> 24:01.920] That's what treble damages fraud. [24:01.920 --> 24:04.800] Yes, that's treble damages. It's also criminal. [24:05.760 --> 24:07.440] You can go to prison for that stuff. [24:08.240 --> 24:11.760] So that's the accounting error. [24:11.760 --> 24:18.400] Now we include in the qualified written request, and I am at my next opportunity [24:18.400 --> 24:22.320] when I get back to the qualified written request, I'm going to add a paragraph to it. [24:24.000 --> 24:30.400] Stating that we need this documentation that we ask for [24:30.400 --> 24:34.000] in conjunction with this request that they correct the accounting error. [24:35.120 --> 24:45.200] And that the lender can consider the request for documentation as pre-litigation discovery. [24:47.200 --> 24:49.760] Because that's technically what it is, is discovery. [24:49.760 --> 24:54.720] And they keep answering saying, oh, wow, you need to ask for this in discovery. [24:54.720 --> 24:57.360] So we're asking for it in pre-litigation discovery. [24:57.360 --> 25:00.720] So if we've already filed a suit, let them complain about it. [25:01.680 --> 25:06.080] We're going to turn the QWR into discovery anyway. [25:06.080 --> 25:07.840] So they're going to get the same thing back again. [25:07.840 --> 25:08.480] Okay. [25:10.480 --> 25:16.480] But the QWR has something hidden in it that they're not likely to read the whole thing. [25:16.480 --> 25:22.320] And it's one of the issues we get to bring in court is that once you file the QWR [25:22.320 --> 25:28.480] and they don't answer, inside the QWR, you ask for production of the original security instrument. [25:29.280 --> 25:35.680] If they fail to produce it under the Uniform Commercial Code, you may stop all payments. [25:37.760 --> 25:40.560] So that hasn't become an issue yet. [25:40.560 --> 25:41.440] And it probably won't. [25:41.440 --> 25:44.480] It's just another little thing we threw in there because we found it. [25:46.480 --> 25:47.920] But it's valid nonetheless. [25:47.920 --> 25:48.720] It's valid. [25:48.720 --> 25:49.520] It's valid. [25:49.520 --> 25:54.400] It's valid nonetheless. [25:54.400 --> 25:56.320] And we only have to win one issue. [25:57.920 --> 25:59.360] You win one, you win them all. [26:00.320 --> 26:01.600] So that's their problem. [26:01.600 --> 26:07.120] So the style of this QWR can be found where, pray tell? [26:08.320 --> 26:11.360] I don't think I have a copy of it up on my website yet. [26:11.360 --> 26:12.480] I need to check and see. [26:12.480 --> 26:21.440] Because I would, frankly, quite mistakenly or not, whether I am or not, I'm taking them to task. [26:21.440 --> 26:27.040] So it's my sincere desire to make sure that I give them a headache. [26:27.040 --> 26:29.600] Have you filed anything against them yet? [26:29.600 --> 26:30.560] I have not. [26:30.560 --> 26:30.880] Okay. [26:30.880 --> 26:33.120] You could talk to us at Remedies in Real Estate. [26:34.720 --> 26:35.680] That's what we do there. [26:36.800 --> 26:38.960] It's a little shameless self-promotion. [26:38.960 --> 26:44.320] But in the end, if you don't use us, look on the internet. [26:44.320 --> 26:46.240] Look for suits that have been filed. [26:47.280 --> 26:48.080] Read the suits. [26:49.920 --> 26:51.840] You'll find everything you need in there. [26:53.040 --> 26:56.640] Well, not quite everything, but most of what you need to make claims. [26:56.640 --> 26:58.400] You can find suits similar to yours. [26:59.600 --> 27:03.920] We've helped people file a lot of suits and they get back arguments that they're cookie cutter suits. [27:03.920 --> 27:05.600] Well, of course they're cookie cutter suits. [27:05.600 --> 27:08.160] Because you did cookie cutter loans. [27:08.160 --> 27:09.920] Well, of course. [27:09.920 --> 27:12.960] You all did the same crap all on now you're crying. [27:12.960 --> 27:20.000] And since we're all making cookies here, I guess that's really the crux of my question is, [27:20.000 --> 27:26.560] well, okay, so somebody tell me how and what ingredients go first into making the dough [27:26.560 --> 27:32.000] and I'll be happy to cook the cookies that I serve them up, which is ultimately my desire. [27:32.000 --> 27:37.280] Then go to remediesandrealestate.com and have a look at the front page. [27:38.000 --> 27:41.280] First thing to do is read the section on how things work. [27:43.200 --> 27:48.640] After you've read that section, if you're not really, really upset, [27:49.680 --> 27:54.560] you need to go to the doctor and have yourself checked out because you're probably in a coma. [27:54.560 --> 28:00.800] Well, if the section has in it what direction at the fork in the road I should take, [28:00.800 --> 28:03.520] I should be most happy to read those instructions. [28:03.520 --> 28:06.720] Okay, that tells you what was done wrong. [28:06.720 --> 28:08.960] It doesn't tell you how to address all of it. [28:09.440 --> 28:12.640] That's not something we can do in 40 words or less. [28:13.600 --> 28:15.200] It's a bit more complex. [28:15.200 --> 28:16.880] These are complex issues. [28:16.880 --> 28:25.840] I have put together a program where we ask the questions and then the computer produces [28:25.840 --> 28:27.920] a document based on your answers. [28:27.920 --> 28:33.520] So it'll produce a document for you, but I'm not promoting that here on the air. [28:33.520 --> 28:34.800] There are other ways of doing this. [28:34.800 --> 28:40.560] You can go down to the courthouse and pull cases that have been filed. [28:40.560 --> 28:46.320] You can get on the internet and look up suits that's been filed. [28:46.320 --> 28:50.800] There's a lot of interest on the internet about the foreclosure issue right now. [28:50.800 --> 28:56.880] So you can find lots of suits and see how people suit them and then construct your suits [28:56.880 --> 28:58.320] similar to what you see. [28:58.320 --> 29:05.040] Well, and I have a fair amount of case law from various places in the country that speak [29:05.040 --> 29:07.040] to that. [29:07.040 --> 29:12.640] Just pull some cases and look at them. [29:12.640 --> 29:14.400] They'll tell you how to structure the case. [29:15.600 --> 29:20.400] Best to pull the case from the jurisdiction that you're in. [29:21.040 --> 29:22.960] You can go down here to... [29:22.960 --> 29:24.640] Courtroom in Williamson County. [29:24.640 --> 29:31.760] I'm afraid I must say that with some bated breath to a great extent in the broadest sense [29:31.760 --> 29:33.200] of the way of saying it. [29:33.200 --> 29:36.880] Yeah, well, just come down here to the federal courthouse and look through some of their [29:36.880 --> 29:40.560] records or you can get on Pacer and look up cases. [29:41.200 --> 29:41.700] Okay. [29:42.800 --> 29:43.300] Okay. [29:43.840 --> 29:44.960] Okay, we're about to go to break. [29:45.840 --> 29:50.640] Thank you for your time and when we come back, we're going to go to Jason in Georgia. [29:50.640 --> 29:54.400] This is Randy Kelton, Debra Stevens, Eddie Craig, Rule of Law Radio. [29:55.360 --> 29:56.800] We'll be right back on the other side. [29:56.800 --> 30:01.600] Come down and enjoy Austin's own piece of the Caribbean right on the banks of the Colorado [30:01.600 --> 30:02.080] River. [30:02.080 --> 30:07.120] One Love Kitchen, Jerk Chicken and Vegetarian Food, 3109 East Cesar Chavez. [30:07.120 --> 30:10.240] That's 3109 East 1st Street right next door to Planet K. [30:10.240 --> 30:12.240] Lunch and dinner plates starting at $5. 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[31:14.400 --> 31:17.520] Startpage.com, the world's most private search engine. [31:17.520 --> 31:22.240] Humans prefer a healthy glow, but not the kind from a beach or a bottle. [31:22.240 --> 31:24.560] This kind of glow comes from carotenoids. [31:24.560 --> 31:29.760] Carotenoids are red and yellow antioxidants found in foods like carrots, spinach and pumpkins. [31:29.760 --> 31:34.320] Researchers say that people who eat lots of fruits and veggies have higher levels of carotenoids [31:34.320 --> 31:38.160] in their skin and a more yellow hue to their face and people like it. [31:38.160 --> 31:40.640] Study participants were shown images of a face. [31:40.640 --> 31:44.640] The original one mimicked a suntan and one mimicked carotenoid coloring. [31:44.640 --> 31:47.120] The carotenoid look was judged most healthy. [31:47.120 --> 31:49.680] So instead of basking in the sun, hit the salad bar. [31:49.680 --> 31:52.320] It's better for you and you look healthier for it. [31:52.320 --> 31:53.600] I'm Dr. Catherine Albrecht. [31:53.600 --> 31:57.120] More news and information at CatherineAlbrecht.com. [31:57.120 --> 32:22.400] All right, folks, we are back through the wall radio. [32:22.400 --> 32:28.000] All right, we've got several calls on the board right now. [32:28.000 --> 32:29.520] Let's go to Andre. [32:29.520 --> 32:31.840] Andre's been trying to get with us for a while here. [32:32.480 --> 32:34.000] All right, Andre, how can we help you? [32:35.760 --> 32:39.040] Well, I was just calling you guys back. [32:40.160 --> 32:42.000] I'm glad I was able to get back through. [32:42.000 --> 32:48.960] I wanted to kind of get a little more in depth into what I'm going through here in Missouri. [32:48.960 --> 32:57.200] And I really love how you guys do it, because with Randy, you got one of the things that [32:57.200 --> 33:01.200] we're going to be in court the most about is traffic. [33:01.200 --> 33:04.160] That's one of the, if you've never been to court for anything else, you're probably [33:04.160 --> 33:04.960] been through traffic. [33:04.960 --> 33:07.280] So I've been getting into a little bit of that. [33:08.160 --> 33:14.400] Mortgages, I've been imploring my family to get on the website that you just mentioned [33:14.400 --> 33:17.520] moments ago, and I expect that they will here very soon. [33:17.520 --> 33:21.760] And back to my subject now. [33:21.760 --> 33:26.880] Along the lines of those things, you got traffic, you got mortgages. [33:26.880 --> 33:27.680] Those are big things. [33:27.680 --> 33:31.840] And at one time, people were looking at those situations and saying that, oh, well, [33:31.840 --> 33:32.800] that's impossible. [33:32.800 --> 33:33.760] It's impossible. [33:33.760 --> 33:38.160] Okay, well, you've found some success in both those areas. [33:38.160 --> 33:42.320] So hopefully, I'll be able to do the same thing with child support. [33:42.320 --> 33:44.560] Yeah, I said it, child support. [33:44.560 --> 33:48.640] So here I am in Missouri, and I have children. [33:48.640 --> 33:52.000] Of course, I took care of my children, always have, always will. [33:52.000 --> 33:56.160] I didn't need the government to butt into my personal affairs and ruin my financial [33:57.360 --> 33:58.160] state. [33:58.160 --> 34:02.400] So where I would have been able to send them to college, I got 117 now. [34:02.400 --> 34:04.160] I would have had the money to send her to college. [34:04.160 --> 34:06.880] But thanks to them, that's not possible. [34:06.880 --> 34:12.160] So for those of you around the country who have to deal with child support, and especially [34:12.160 --> 34:18.720] for you here in Missouri, I want you to get into the Missouri Revised Statutes. [34:18.720 --> 34:28.800] And here we go to Missouri Revised Statutes 454.470. [34:28.800 --> 34:36.000] Now, that particular statute has to do directly with due process as director to issue notice [34:36.000 --> 34:38.320] and finding of financial responsibility. [34:38.320 --> 34:44.640] So any court process, child support, anything else, you're supposed to be served a notice [34:44.640 --> 34:50.000] that the court proceeding is going to happen or have a chance to respond to any proceeding [34:50.000 --> 34:56.960] that has taken place according to this particular statute. [34:56.960 --> 35:06.880] So in the statute that I just mentioned, if you go to 454.470, you have to go all the [35:06.880 --> 35:11.600] way down to 454.470, just what I just said, and you go to point eight. [35:14.080 --> 35:19.680] All the other points before give out the process of how the prosecuting attorney or whatever [35:19.680 --> 35:23.840] entity is charged with charging with your child support case is going to do that. [35:23.840 --> 35:27.360] It sets out a lot of due process procedure for them. [35:27.360 --> 35:32.320] And at the end, it says at any time, this is number eight in that statute that I just [35:32.320 --> 35:38.800] mentioned, this is at any time after the issuance of an order under this section, the director [35:38.800 --> 35:45.840] may issue an order vacating that order if it is found that the order was issued without [35:45.840 --> 35:53.280] subject matter jurisdiction or personal jurisdiction or if the order was issued without affording [35:53.280 --> 35:56.240] the obligor due process of law. [35:56.240 --> 36:03.760] Now, the person might look at that last point in that statute and say, it says at any time [36:04.880 --> 36:10.080] the director may, okay, well, it says may, and we know how public officials are. [36:10.080 --> 36:12.880] They're not going to do anything unless they absolutely have to. [36:13.520 --> 36:20.160] So that brings me to the next statute that I only mentioned the number two last time, [36:20.960 --> 36:23.680] but I'm going to get into one of the points on it. [36:23.680 --> 36:26.800] And it says misconduct in administration of justice. [36:26.800 --> 36:32.320] Now, this is actually under the criminal procedure where I read you before was sort of a civil [36:32.320 --> 36:38.400] person, not even sort of a civil procedure for child support enforcement when they want [36:38.400 --> 36:40.720] to establish a child support order. [36:40.720 --> 36:45.280] And then at the end, I just told you how they're supposed to, they have the ability to void [36:45.280 --> 36:49.120] it if it shows that due process hasn't been served. [36:49.120 --> 37:04.000] Now, Missouri revised statutes under criminal code, it's 575.320, it's misconduct in administration [37:04.000 --> 37:10.560] of justice, and it says a public servant in his public capacity or under color of his [37:10.560 --> 37:15.760] office or employment commits the crime of misconduct in administration of justice if, [37:15.760 --> 37:23.280] I'm going to skip down to point two, he knowingly seizes or levies upon any property or disposes, [37:23.840 --> 37:32.720] dispossesses anyone of any lands or tenements without due and legal process or other lawful [37:32.720 --> 37:33.520] authority. [37:33.520 --> 37:40.160] So that's just one of the things that they would do and be in violation and have committed [37:40.160 --> 37:42.960] the crime of misconduct in administration of justice. [37:42.960 --> 37:50.320] So if you have a child support order out there in Missouri, and you can show that it's been [37:52.080 --> 37:57.440] put in place outside of due process, and if we had time, I could tell you how they did. [37:57.440 --> 38:02.320] Mine, it has to do with affidavits, that little thing with CJ was great, that's the kind of [38:02.320 --> 38:06.400] thing I was shouting out for last time I was on the radio, so I'm saying it's great, [38:06.400 --> 38:07.600] thank everybody for that. [38:07.600 --> 38:13.520] And yeah, so if they're taking your money, child support, you need to go get a copy of [38:13.520 --> 38:18.160] your file, maybe that's what I did, go through, find out all the due process violations, [38:18.160 --> 38:19.120] there you go. [38:19.120 --> 38:23.680] You might want to ask the director of child support enforcement if they would go ahead [38:23.680 --> 38:27.280] and avoid it based on the information that you find in your file, they're not going to [38:27.280 --> 38:29.760] do it because that's what I tried, they didn't do it. [38:29.760 --> 38:35.280] But guess what, director of child support enforcement is receiving a criminal complaint [38:35.280 --> 38:40.480] for misconduct in the administration of justice because I asked her to review my file and [38:40.480 --> 38:45.520] look at the due process violations, she sent me back the same fraudulent documents that [38:45.520 --> 38:52.800] I was pointing out, the affidavits with no signatures, the notary, that affidavit of [38:52.800 --> 39:00.560] service I'm speaking of, the notary who is also an employee of that department, notarizing [39:00.560 --> 39:05.440] the document, obvious forgeries of signatures it goes on. [39:05.440 --> 39:12.640] But so yeah, I just sent in my criminal complaint and now on director, but I sent in the others [39:12.640 --> 39:21.520] against the bonds of the, against the notaries who falsified the notary documents. [39:21.520 --> 39:29.520] And I'm trying to give you as much as I can before I lose minutes, but finally, so stage [39:29.520 --> 39:33.360] one, just like Randy said, I sent my criminal complaints against the director and other [39:33.360 --> 39:36.640] people who falsified documents in these cases. [39:36.640 --> 39:44.000] The prosecuting attorneys have refused to, in some cases, acknowledge my complaints. [39:44.000 --> 39:49.200] I called yesterday because now I've called a couple of times before, I'm not going to [39:49.200 --> 39:54.440] go down there, but I do call and I've called two times before and on the third time I call [39:54.440 --> 39:58.120] her, I begin to write down names and numbers before my criminal complaints against the [39:58.120 --> 40:00.400] prosecuting attorney's office. [40:00.400 --> 40:05.480] And I noticed they sent me something in the mail today and it basically says they didn't [40:05.480 --> 40:09.800] look at the merits of my allegations against the public officials. [40:09.800 --> 40:19.600] They see that the statute of limitations for the forgery charges misconducted in administration [40:19.600 --> 40:21.080] of justice. [40:21.080 --> 40:25.600] You know what, I don't file so many charges, Randy, like Randy says, it's like a kid in [40:25.600 --> 40:26.600] a candy store. [40:26.600 --> 40:31.720] I have trouble keeping up with which ones I'm going to charge them with, but they wrote [40:31.720 --> 40:35.040] me back complaining about the statute of limitations. [40:35.040 --> 40:41.320] Number one, if anybody heard what I said last time, they must file an information. [40:41.320 --> 40:43.480] No information has been filed. [40:43.480 --> 40:48.080] It admits in the letter that they've responded to me with, it admits in the letter that they [40:48.080 --> 40:54.000] have not looked into the merits of my allegations. [40:54.000 --> 41:00.640] Now, if I send you a fraudulent falsified affidavit, now let's take an affidavit, CJ [41:00.640 --> 41:07.760] was talking about affidavits, here I have an affidavit of service where a one person [41:07.760 --> 41:14.000] number one and person number two have been appointed especially to serve process in this [41:14.000 --> 41:20.360] cause hereby solemnly swear that at 3 p.m. so on and so forth serve me at a particular [41:20.360 --> 41:21.360] address. [41:21.360 --> 41:27.920] And so it says I, person one and or person two. [41:27.920 --> 41:36.680] So at the bottom, I see person one has signed as if they serve me and person two has notarized [41:36.680 --> 41:37.720] the document. [41:37.720 --> 41:42.080] So in most states, and I know in Missouri, if you are a party to the document, you're [41:42.080 --> 41:46.680] a notary, you're a party to the document, it automatically, you cannot legally notarize [41:46.680 --> 41:47.680] that document. [41:47.680 --> 41:51.480] So a lot of people from Missouri, sometimes you have to get the bill of sales notarized. [41:51.480 --> 41:57.120] If you're the one, say, buying a car and you're a notary and the other guy is selling [41:57.120 --> 42:00.760] you the car, but you know you need for the DMZ or whatever you got to do, you need to [42:00.760 --> 42:02.200] get your bill of sale notarized. [42:02.200 --> 42:04.480] You can't notarize it yourself. [42:04.480 --> 42:09.760] So if I send you a copy of the document showing that that's been done, how can you come back [42:09.760 --> 42:15.920] and tell me that you lack sufficient information to know whether even a crime has been committed? [42:15.920 --> 42:19.720] But hey, you know what, I'm gearing up to send my criminal complaints to the district [42:19.720 --> 42:23.760] judge in for the Eastern District of Missouri. [42:23.760 --> 42:29.520] So whatever you can tell me about that, you know, I know I give you a lot all at once, [42:29.520 --> 42:30.520] but... [42:30.520 --> 42:32.880] It sounds like you got it down. [42:32.880 --> 42:40.880] Yeah, I feel like I'm in the lion's den though, because, you know, these guys are lion tigers [42:40.880 --> 42:41.880] and bears. [42:41.880 --> 42:42.880] They don't play around this time. [42:42.880 --> 42:43.880] Keep in mind. [42:43.880 --> 42:50.480] Keep in mind, when you're filing a criminal complaint, you are a witness. [42:50.480 --> 42:53.040] Yeah, and that's what I'm going to... [42:53.040 --> 42:57.000] That's one of the things I'll be charging the prosecuting attorney with is tampering [42:57.000 --> 42:58.000] with a witness. [42:58.000 --> 43:02.240] Because if you heard me last time, I pointed out where tampering with a witness, tampering [43:02.240 --> 43:03.240] with a victim. [43:03.240 --> 43:05.160] Let me see if I can flip it. [43:05.160 --> 43:09.000] And I'll give you guys that again for those who missed the tampering with a witness, tampering [43:09.000 --> 43:17.360] with a victim here in Missouri, Missouri v. Statutes 575.270. [43:17.360 --> 43:23.240] I'll say it to you again, if a person commits a crime of victim tampering with the purpose, [43:23.240 --> 43:28.880] if he with the purpose to do so, he prevents or dissuades, I feel like I've been dissuaded [43:28.880 --> 43:34.720] from submitting my complaints to the prosecuting attorney, you know, so... [43:34.720 --> 43:35.720] Okay. [43:35.720 --> 43:36.720] Wonderful. [43:36.720 --> 43:37.720] Okay. [43:37.720 --> 43:38.720] Thank you very much. [43:38.720 --> 43:39.720] We appreciate your input. [43:39.720 --> 43:40.720] Thank you. [43:40.720 --> 43:42.200] We're going to want to hear more from you. [43:42.200 --> 43:47.520] This is Randy Kelton, Deborah Stevens, Eddie Craig, Real Law Radio. [43:47.520 --> 43:50.680] We'll be right back on the side taking more of your calls. [43:50.680 --> 43:53.080] This time, we're going to go to Jason from Georgia. [43:53.080 --> 43:57.440] Sorry, we passed over you, but Andre had been in line. [43:57.440 --> 44:01.440] We'll be right back. [44:01.440 --> 44:07.920] More energy, stronger immune power, improved sense of well-being. [44:07.920 --> 44:11.000] How many supplements have you heard boast of these benefits? [44:11.000 --> 44:17.400] The team behind Centrition believes that supplements should over-deliver on their promises. [44:17.400 --> 44:21.400] And Centrition does just that. [44:21.400 --> 44:25.080] Centrition utilizes the ancient healing wisdom of Chinese medicine. [44:25.080 --> 44:29.920] In conjunction with the science of modern nutrition, adaptogenic herbs serve as the [44:29.920 --> 44:31.400] healing component. 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[45:19.280 --> 45:24.640] With a wonderful nutty flavor that contains 18% protein, our roasters bring a unique flavor [45:24.640 --> 45:28.000] that makes this the best cup of coffee you'll ever have. [45:28.000 --> 45:33.000] Try our new Special Roast Hemp Coffee from HempUSA.org, and wake up your brain without [45:33.000 --> 45:34.120] the jitters. [45:34.120 --> 45:37.400] Our customers look forward to their next cup of hemp coffee. [45:37.400 --> 45:48.320] Visit us at HempUSA.org, or call 908-691-2608, that's 908-691-2608, and see if you'll change [45:48.320 --> 45:51.040] your mind about drinking coffee again. [45:51.040 --> 46:18.840] Check the difference, feel the difference, at HempUSA.org today. [46:18.840 --> 46:47.400] Check the difference, feel the difference, at HempUSA.org today. [46:47.400 --> 46:59.280] Okay, we're back, Randy Kelton, Debra Stevens, Eddie Craig, Rule of Law Radio. [46:59.280 --> 47:02.680] We're going to go to Jason in Georgia. [47:02.680 --> 47:07.440] Sorry we skipped over you earlier, I missed that Andre had called back, he had dropped [47:07.440 --> 47:08.440] off. [47:08.440 --> 47:12.320] Okay, do you have a question or a comment? [47:12.320 --> 47:17.080] Hey Randy, I have two questions. [47:17.080 --> 47:21.600] First of all, I wanted to know if you knew the status on my good buddy, Dave Merlin. [47:21.600 --> 47:28.320] No I don't, and I'm glad you brought that up, I need to check on his status. [47:28.320 --> 47:32.720] My second question is, I have a good friend here in Georgia whose brother was arrested [47:32.720 --> 47:40.360] today under the Domestic Violence Act, apparently, I don't know too much about it, but I do have [47:40.360 --> 47:46.680] been told that he was trying to defend himself against his wife, and was subsequently locked [47:46.680 --> 47:50.240] up because of it. [47:50.240 --> 48:01.840] But my thoughts to this friend of mine was, that may not be the big issue here. [48:01.840 --> 48:13.120] He told me that this has happened once before, where the wife had attacked him prior to the [48:13.120 --> 48:20.600] time today, and he called the police, and the police came out, saw the damage that had [48:20.600 --> 48:27.840] been done to him, called an ambulance, had him taken to the hospital, but no arrest was [48:27.840 --> 48:28.840] made. [48:28.840 --> 48:37.440] And I told my buddy that I thought that there was some sort of potential liability for the [48:37.440 --> 48:49.680] county, isn't once the county comes out and is responding to a domestic violence call, [48:49.680 --> 48:54.640] don't they have an obligation to take somebody or separate? [48:54.640 --> 49:04.120] No, we'll see, the problem is they did separate, the reason for the arrest is to separate the [49:04.120 --> 49:09.560] two, and they took him to the hospital, it would seem they should have arrested this [49:09.560 --> 49:21.720] wife, but his problem is that the police have no duty to protect you, they have a duty to [49:21.720 --> 49:31.960] enforce law, and that's what this appears to go to, he could make the claim that they [49:31.960 --> 49:39.200] failed to enforce law by not arresting her, and they will probably make the claim that [49:39.200 --> 49:48.080] the purpose of the law was to separate the two combatants, and since the one was put [49:48.080 --> 49:55.960] in the hospital, they were separated, so there was no real necessity to arrest. [49:55.960 --> 50:01.840] These are difficult situations, whenever you're dealing with family violence and family issues [50:01.840 --> 50:08.360] like this, the police, these are the things they hate the worst, these are the most dangerous [50:08.360 --> 50:17.680] situations they ever get in, and nobody ever tells you everything, so we're listening to [50:17.680 --> 50:24.000] one side of a story, I suspect if we had the wife on, we'd get another side. [50:24.000 --> 50:29.680] Well, and that's true, I don't know all of it, I was just under the assumption, my question [50:29.680 --> 50:35.800] was I was under the assumption, I always was led to believe that there was liability involved [50:35.800 --> 50:45.400] with no arrest being made, but I guess your point is taken about they were separated by [50:45.400 --> 50:48.120] one going to the hospital in the ambulance. [50:48.120 --> 50:54.000] Well, the other aspect of it is that the officer can only arrest without warrant for something [50:54.000 --> 50:59.680] committed in his presence, if the violence had ceased, and they had no warrant or any [50:59.680 --> 51:05.620] complaint of a protective order being violated, they had no authority to make an arrest when [51:05.620 --> 51:10.360] that act wasn't committed in their presence, now a lot of cops will tell you they're required [51:10.360 --> 51:15.640] to make an arrest in a family violence call, that's an absolute lie, at that point they're [51:15.640 --> 51:20.680] acting against some party they don't like, you can almost bet on it. [51:20.680 --> 51:29.600] This statute is technically unconstitutional, because the statute authorizes the police [51:29.600 --> 51:39.120] to arrest for a potential misdemeanor that they did not see, it is unconstitutional [51:39.120 --> 51:42.920] on its face, but thus far it hasn't been challenged. [51:42.920 --> 51:51.560] And you're right too, because at one time I had tried to have someone arrested for damaging [51:51.560 --> 52:01.920] property of mine, and the officer that I went to said, you know, hey, I didn't see it, so [52:01.920 --> 52:03.840] go down the sand. [52:03.840 --> 52:11.920] Yeah, that is the case, this is a statutory exception, but it violates constitution, and [52:11.920 --> 52:19.480] until somebody challenges it, it will stand, but the officer is not, not in any code I've [52:19.480 --> 52:29.240] seen, required to arrest, he's given that option, and generally the policy is if there [52:29.240 --> 52:37.960] is injury to one party, the other party is to be arrested to get them separated. [52:37.960 --> 52:43.920] And I'm assuming with him being, the arrested one being the male, that the court is naturally [52:43.920 --> 52:46.000] going to go a little harder. [52:46.000 --> 52:51.520] Generally always that's the one they're afraid will do major harm to the other, that's the [52:51.520 --> 52:57.720] normal case, because normally men are able to do that more so than women, but then there [52:57.720 --> 53:05.060] are those women, you know, there are always other cases, and I know of cases where the [53:05.060 --> 53:11.960] wife has been arrested, where there were marks on the husband, and the police asked who did [53:11.960 --> 53:16.120] it, and he said she did, they arrested her immediately, but this goes to the discretion [53:16.120 --> 53:18.120] of the officer as far as I know. [53:18.120 --> 53:25.280] Well, listen, thanks for taking my call, and maybe you can find out about Dave and tell [53:25.280 --> 53:26.960] us about it next week. [53:26.960 --> 53:30.280] All righty, thank you very much for calling. [53:30.280 --> 53:38.400] Now we're going to go to Claudio from California, how are you and your brother doing? [53:38.400 --> 53:43.800] Claudio, are you there, did we put you to sleep? [53:43.800 --> 53:46.640] Oh, let's go to fight then. [53:46.640 --> 53:47.640] I'm sorry. [53:47.640 --> 53:48.640] Randy? [53:48.640 --> 53:49.640] Yes. [53:49.640 --> 53:54.720] Okay, I know the answer, but I want to hear from you, okay? [53:54.720 --> 53:55.720] Okay. [53:55.720 --> 54:05.160] I mean, I went through my foreclosure, I went through everything, I thought I did a job, [54:05.160 --> 54:11.920] the judge didn't care, I asked for my constitutional rights, I did a good job. [54:11.920 --> 54:19.560] To make a long story short, besides losing my trial on my lawful detainer, I filed a [54:19.560 --> 54:21.280] quiet title. [54:21.280 --> 54:27.720] My question is this, what would you do if you were in my position and the attorneys, [54:27.720 --> 54:35.080] what call the attorneys, they say they wanted to, they called me twice, I never called them [54:35.080 --> 54:41.800] back, and the third time when I knew it was them, I hung up on them, and now they were [54:41.800 --> 54:45.720] successful and the judge dismissed my quiet title. [54:45.720 --> 54:50.920] Now I know what this is, but I want to hear it from you. [54:50.920 --> 54:51.920] What's the question? [54:51.920 --> 54:52.920] My question? [54:52.920 --> 54:53.920] What would you do? [54:53.920 --> 55:02.200] I mean, when an attorney lies against you, and this is your case, they said, they tried [55:02.200 --> 55:08.640] to call me, they never did, they lied, they lied in those documents. [55:08.640 --> 55:11.760] I would bargrieve the crapola out of them. [55:11.760 --> 55:14.760] That's what I want to hear, I knew that answer. [55:14.760 --> 55:21.960] Now I'm real, real, real mad, because I mean, obviously I'm destroyed, but I'm not going [55:21.960 --> 55:22.960] to give up. [55:22.960 --> 55:27.720] So where would I start and where can I get some help, because I didn't know- [55:27.720 --> 55:30.960] Did you prefer your action in the state court? [55:30.960 --> 55:34.040] I did it, I did it in state, they moved it to- [55:34.040 --> 55:38.880] Wait, did you initiate an action in the state court or did they? [55:38.880 --> 55:42.480] I made my quiet title in the state court. [55:42.480 --> 55:44.120] I filed it in the state court. [55:44.120 --> 55:47.000] You've got titles that should be separate. [55:47.000 --> 55:51.680] You still have the option of taking them to the federal court. [55:51.680 --> 55:54.240] Have you filed any criminal complaints against them? [55:54.240 --> 55:55.920] I have not done anything. [55:55.920 --> 56:02.880] I called the court today and I asked the clerk, I have a meeting for Monday morning, I want [56:02.880 --> 56:08.600] to make sure it's still on, it says, no, there's nothing on, you've been erased, the judge [56:08.600 --> 56:11.240] granted the dismissal from Wachovia. [56:11.240 --> 56:17.760] So they asked the judge to dismiss my case because they said, like I said again, they [56:17.760 --> 56:22.240] tried to get a hold of me, I never called back, and I hung up on them and they were [56:22.240 --> 56:24.880] just lies, I mean, truly lies. [56:24.880 --> 56:27.520] Then you need to ask for a show cause hearing. [56:27.520 --> 56:29.160] Show cause hearing, okay. [56:29.160 --> 56:33.080] Okay, did they file this in affidavits? [56:33.080 --> 56:41.480] They filed a motion to dismiss and they said, so we tried to get a hold of Mr. Guerre and [56:41.480 --> 56:46.920] he didn't do this, he didn't do that, now this is why you should dismiss it. [56:46.920 --> 56:51.680] Before I went to my hearing, the judge just dismissed it. [56:51.680 --> 56:54.160] Oh, dismissed it before you went to the hearing? [56:54.160 --> 56:55.160] Yes. [56:55.160 --> 56:58.240] Ah, okay, now do you need to file for show cause? [56:58.240 --> 56:59.240] Show cause, okay. [56:59.240 --> 57:00.240] Okay. [57:00.240 --> 57:07.640] Then you can maintain, you need to find phone records for the time periods involved. [57:07.640 --> 57:08.640] I have it. [57:08.640 --> 57:12.760] Oh, they got a problem, you need to file aggravated perjury against these guys? [57:12.760 --> 57:15.680] Yeah, that's what I want to hear. [57:15.680 --> 57:21.400] Run the routine on the prosecuting attorney. [57:21.400 --> 57:23.440] Run the routine on the prosecuting attorney? [57:23.440 --> 57:24.440] Yes. [57:24.440 --> 57:28.240] File your complaints with him, he'll refuse to take them, file complaints against him [57:28.240 --> 57:34.520] with the district judge, he'll refuse to act, file against the district judge with the grand [57:34.520 --> 57:35.520] jury. [57:35.520 --> 57:40.320] Okay, my real question is this, I don't care about the house anymore, I just want to get [57:40.320 --> 57:43.320] back to those attorneys. [57:43.320 --> 57:48.880] I'm going to need some guidance on how to do it, Barguris, and do exactly what you said [57:48.880 --> 57:50.960] and can you help me in that? [57:50.960 --> 57:51.960] Absolutely. [57:51.960 --> 57:52.960] Okay, good. [57:52.960 --> 57:57.160] Now I'm going to get a hold of you, I'm going to need some help. [57:57.160 --> 58:04.160] I mean, I don't mind paying for your time, and I do have a real good case, can I say [58:04.160 --> 58:05.160] over? [58:05.160 --> 58:10.320] Yeah, we're about to go to break, call me tomorrow, send me an email and I'll contact [58:10.320 --> 58:11.320] you off the air. [58:11.320 --> 58:13.520] Can I say on the line, I need to say something else? [58:13.520 --> 58:14.520] Okay, absolutely. [58:14.520 --> 58:15.520] Yeah, just hold on, Claudio. [58:15.520 --> 58:18.520] Thank you, Carlos, thank you. [58:18.520 --> 58:22.160] Oh, Carlos pretending to be Claudio, huh? [58:22.160 --> 58:23.640] Oh, okay. [58:23.640 --> 58:25.640] That's what we have up on the number. [58:25.640 --> 58:32.480] Okay, this is Randy Kelton, Debra Stevens, Eddie Craig with La Radio, this is our four [58:32.480 --> 58:42.240] hour info marathon, we've got one more hour left, the phone lines are open, 512-646-1984, [58:42.240 --> 58:48.240] call in and we get to play Chump the Stumps, that's a new term, we just made it up last [58:48.240 --> 58:49.240] night. [58:49.240 --> 59:00.240] We'll be right back. [59:00.240 --> 59:05.640] The Bible remains the most popular book in the world, yet countless readers are frustrated [59:05.640 --> 59:08.480] because they struggle to understand it. [59:08.480 --> 59:13.880] Some new translations try to help by simplifying the text, but in the process can compromise [59:13.880 --> 59:17.120] the profound meaning of the scripture. [59:17.120 --> 59:19.520] Here the recovery version. [59:19.520 --> 59:24.800] First this new translation is extremely faithful and accurate, but the real story is the more [59:24.800 --> 59:28.560] than 9,000 explanatory footnotes. [59:28.560 --> 59:33.540] Difficult and profound passages are opened up in a marvelous way, providing an entrance [59:33.540 --> 59:38.240] into the riches of the word beyond which you've ever experienced before. [59:38.240 --> 59:43.400] Bibles for America would like to give you a free recovery version simply for the asking. [59:43.400 --> 59:53.840] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [59:53.840 --> 01:00:04.480] or by ordering online at freestudybible.com, that's freestudybible.com. [01:00:04.480 --> 01:00:12.360] The U.S. economy added 36,000 jobs in January, however 125,000 new jobs a month are necessary [01:00:12.360 --> 01:00:15.720] simply to keep up with people entering the job market. [01:00:15.720 --> 01:00:21.760] Economists say 300,000 jobs a month for five years are needed for the U.S. to reach pre-great [01:00:21.760 --> 01:00:23.440] recession employment levels. [01:00:23.440 --> 01:00:29.320] U.S. corporations are currently sitting on more than one trillion dollars in cash. [01:00:29.320 --> 01:00:34.600] Al Jazeera's Cairo office was set on fire Friday by pro-Mabaric supporters. [01:00:34.600 --> 01:00:39.840] The free press advocacy group Reporters Without Borders said, quote, that violence, arbitrary [01:00:39.840 --> 01:00:45.400] arrests, the list of abuses against journalists by Mabaric supporters is getting longer and [01:00:45.400 --> 01:00:49.440] they are clearly systematic and concerted. [01:00:49.440 --> 01:00:54.040] Scott Block, former head of a whistleblower protection office under George Bush, must [01:00:54.040 --> 01:00:56.240] spend at least a month in jail. [01:00:56.240 --> 01:01:01.080] Locke, who headed the office of special counsel, pleaded guilty to a charge of criminal contempt [01:01:01.080 --> 01:01:03.040] of Congress last April. [01:01:03.040 --> 01:01:08.520] Locke admitted withholding information from house investigators about having private technicians [01:01:08.520 --> 01:01:17.080] scrub computer files used by political appointees of the office of special counsel in 2006. [01:01:17.080 --> 01:01:23.000] Award-winning news site ProPublica has accused Barack Obama of neglecting his campaign promise [01:01:23.000 --> 01:01:25.960] to help homeowners facing foreclosure. [01:01:25.960 --> 01:01:30.540] Obama before his election said, quote, I will change our bankruptcy laws to make it easier [01:01:30.540 --> 01:01:33.000] for families to stay in their homes. [01:01:33.000 --> 01:01:37.960] Bankruptcy judges have long been barred from lowering mortgage payments on primary residences, [01:01:37.960 --> 01:01:43.160] even though they can do so on vacation homes, a discrepancy Obama pledged to correct. [01:01:43.160 --> 01:01:49.360] Instead, Obama has relied on the Voluntary Home Affordable Modification Program, or HAMP, [01:01:49.360 --> 01:01:52.440] that offers banks incentives to modify mortgages. [01:01:52.440 --> 01:01:59.040] The government didn't discriminate in its $700 billion bank bailout and in its $13 trillion [01:01:59.040 --> 01:02:03.760] for a total of 30 less publicized treasury and federal reserve programs. [01:02:03.760 --> 01:02:08.360] While the banks got their bailout, HAMP was written to hamper efforts by those seen as [01:02:08.360 --> 01:02:11.280] undeserving from saving their homes. [01:02:11.280 --> 01:02:17.800] Fewer than 800,000 homeowners will ultimately get lasting mortgage modifications. [01:02:17.800 --> 01:02:23.280] Bank documents made public Thursday revealed JP Morgan Chase executives were aware Bernie [01:02:23.280 --> 01:02:28.840] Madoff was operating a Ponzi scheme months or even years before his downfall. [01:02:28.840 --> 01:02:33.120] The bank allowed Madoff to move billions of dollars in and out of his Chase accounts right [01:02:33.120 --> 01:02:36.800] up to the day of his arrest in December 2008. [01:02:36.800 --> 01:02:41.360] Some Chase executives steered clients away from investments linked to Madoff because [01:02:41.360 --> 01:02:46.520] of his Oz-like signals were too difficult to ignore, while other executives pursued [01:02:46.520 --> 01:02:49.360] profitable derivative deals with Madoff. [01:02:49.360 --> 01:02:54.460] In a document uncovered after Madoff's arrest, a Chase executive wrote of the bank's dealings [01:02:54.460 --> 01:03:19.280] with Madoff, quote, perhaps best this never sees the light of day again. [01:03:25.460 --> 01:03:48.460] Yeah, a story for everyone to hear, about how we're not going to give in to the fear. [01:03:48.460 --> 01:03:49.460] Yeah, a story. [01:03:49.460 --> 01:04:10.460] Okay, we're back, Randy Kelton, Debra Stevens and Craig, U of R radio, we're talking to [01:04:10.460 --> 01:04:11.460] now Claudio. [01:04:11.460 --> 01:04:14.460] Okay, where were we? [01:04:14.460 --> 01:04:15.460] Okay, Randy. [01:04:15.460 --> 01:04:16.460] Yes. [01:04:16.460 --> 01:04:19.460] I mean, what can we do in California? [01:04:19.460 --> 01:04:21.460] There's no remedy outlaw, there's nothing. [01:04:21.460 --> 01:04:23.460] We do everything by the book. [01:04:23.460 --> 01:04:28.460] I mean, it's aggravating, it's so, I mean, it's so stressful. [01:04:28.460 --> 01:04:31.460] I mean, there's no solution out. [01:04:31.460 --> 01:04:35.460] What we're going to have to do is start hammering grand juries. [01:04:35.460 --> 01:04:36.460] Okay. [01:04:36.460 --> 01:04:40.460] We start pounding grand juries, we're going to start getting attention. [01:04:40.460 --> 01:04:51.460] And even filing in the federal, in California, we need to look at disqualifying the federal [01:04:51.460 --> 01:04:58.460] judges in California, because as I understand the federal judges, retirement funds in California [01:04:58.460 --> 01:05:03.460] are invested in the consumer secondary real estate market. [01:05:03.460 --> 01:05:08.460] So if they rule against the banks, they rule against their own retirement funds. [01:05:08.460 --> 01:05:10.460] I know, but what can we do? [01:05:10.460 --> 01:05:12.460] I mean, we're doing everything by the book. [01:05:12.460 --> 01:05:13.460] We do everything. [01:05:13.460 --> 01:05:14.460] We take our own recorder. [01:05:14.460 --> 01:05:16.460] We claim our constitutional rights. [01:05:16.460 --> 01:05:17.460] I do everything. [01:05:17.460 --> 01:05:22.460] I've been studying for a year for this battle against team rule. [01:05:22.460 --> 01:05:24.460] I mean, it's very aggravating. [01:05:24.460 --> 01:05:28.460] It seems like I want to just, you know, have with everything, just drop everything. [01:05:28.460 --> 01:05:29.460] But it's not fair. [01:05:29.460 --> 01:05:35.460] If we don't fight, we have to fight for whoever's weaker than us. [01:05:35.460 --> 01:05:36.460] Exactly. [01:05:36.460 --> 01:05:41.460] I don't want to give up, but it's so, so destroyed in the soul. [01:05:41.460 --> 01:05:45.460] This is where you get stronger. [01:05:45.460 --> 01:05:48.460] This is where you become a real problem to them. [01:05:48.460 --> 01:05:50.460] I want to be a real problem. [01:05:50.460 --> 01:05:58.460] How can they make up lies that I did not call them back? [01:05:58.460 --> 01:05:59.460] I hung up on them. [01:05:59.460 --> 01:06:01.460] I did not agree with them. [01:06:01.460 --> 01:06:03.460] I mean, they never called me. [01:06:03.460 --> 01:06:06.460] I mean, how can they still win? [01:06:06.460 --> 01:06:09.460] Now you need to go after them personally. [01:06:09.460 --> 01:06:13.460] I don't mean, I mean, their personal, go after them professionally, [01:06:13.460 --> 01:06:19.460] go after their position, bar grievances, criminal complaints. [01:06:19.460 --> 01:06:24.460] You start going after them criminally, you're really going to get their attention. [01:06:24.460 --> 01:06:32.460] And I would suggest go look in the court record, run their names, pull other cases, [01:06:32.460 --> 01:06:37.460] contact other people, get other people filing bar grievances against them. [01:06:37.460 --> 01:06:40.460] You can shut down their law practice. [01:06:40.460 --> 01:06:42.460] I have to do this because you know what? [01:06:42.460 --> 01:06:43.460] I don't care. [01:06:43.460 --> 01:06:44.460] You know what? [01:06:44.460 --> 01:06:47.460] I filed bankruptcy on the 24th. [01:06:47.460 --> 01:06:50.460] They were going to evict me on the 25th. [01:06:50.460 --> 01:06:52.460] The shares came on the 28th. [01:06:52.460 --> 01:06:54.460] I had other couple. [01:06:54.460 --> 01:06:56.460] They just threw me out on the street. [01:06:56.460 --> 01:07:03.460] And it says, well, I'm under the protection of 361 Rule B, and it says, we don't care. [01:07:03.460 --> 01:07:05.460] It doesn't help you anymore. [01:07:05.460 --> 01:07:07.460] I mean, it's fine if I screwed up. [01:07:07.460 --> 01:07:09.460] I bet I'd done it for somebody else. [01:07:09.460 --> 01:07:13.460] Going back to my point, there's no remedy out there. [01:07:13.460 --> 01:07:17.460] We have to do something about it, and they're just doing whatever they like. [01:07:17.460 --> 01:07:18.460] They don't care. [01:07:18.460 --> 01:07:20.460] I'm talking about California. [01:07:20.460 --> 01:07:23.460] This is totally, totally destroyed. [01:07:23.460 --> 01:07:26.460] California is absolutely corrupt. [01:07:26.460 --> 01:07:29.460] The only thing we've got is a grand jury. [01:07:29.460 --> 01:07:35.460] I don't know of any other, when the courts are totally corrupt, that's the only place you got to go, [01:07:35.460 --> 01:07:36.460] and they're going to fight you there. [01:07:36.460 --> 01:07:41.460] But that's the one thing they're afraid of. [01:07:41.460 --> 01:07:47.460] They pretty well believe they can keep you away from them, but they're not certain. [01:07:47.460 --> 01:07:52.460] If you get to a grand jury, a grand jury can end their careers. [01:07:52.460 --> 01:07:55.460] So grand juries are big deals. [01:07:55.460 --> 01:08:02.460] We need an organized attack on them through the grand jury. [01:08:02.460 --> 01:08:03.460] Okay. [01:08:03.460 --> 01:08:05.460] What email should I email that? [01:08:05.460 --> 01:08:07.460] Randy at Remedies and Real Estate. [01:08:07.460 --> 01:08:08.460] Okay. [01:08:08.460 --> 01:08:12.460] Now, real quick, because I want to give a percentage to somebody else. [01:08:12.460 --> 01:08:14.460] I have a real, real good case. [01:08:14.460 --> 01:08:21.460] I mean, to me, it's too late, but there's an attorney, a cake-butt attorney out here in California. [01:08:21.460 --> 01:08:26.460] And one of the guys that works at the court, he says, you know what? [01:08:26.460 --> 01:08:28.460] Find this case. [01:08:28.460 --> 01:08:30.460] They don't want it out in the public. [01:08:30.460 --> 01:08:31.460] And I have it. [01:08:31.460 --> 01:08:37.460] I want you to see it, and I want you to exploit it, and hopefully it'll be some good for somebody else. [01:08:37.460 --> 01:08:38.460] Wonderful. [01:08:38.460 --> 01:08:44.460] And also, I have Michael Pines, a lot of good, good stuff I want to mail you. [01:08:44.460 --> 01:08:45.460] Okay. [01:08:45.460 --> 01:08:46.460] Wonderful. [01:08:46.460 --> 01:08:48.460] And Michael Pines, you know who that is, right? [01:08:48.460 --> 01:08:49.460] Yes, I have. [01:08:49.460 --> 01:08:50.460] I've talked to him. [01:08:50.460 --> 01:08:51.460] I've talked to him before. [01:08:51.460 --> 01:08:52.460] Okay. [01:08:52.460 --> 01:08:53.460] Okay. [01:08:53.460 --> 01:08:54.460] Great. [01:08:54.460 --> 01:08:55.460] Great. [01:08:55.460 --> 01:08:57.460] So, anyway, thanks, and just try to help me on this one. [01:08:57.460 --> 01:09:02.460] I just want to do something for somebody else so they don't do whatever they did to me. [01:09:02.460 --> 01:09:03.460] Okay. [01:09:03.460 --> 01:09:04.460] Good. [01:09:04.460 --> 01:09:05.460] All right, buddy. [01:09:05.460 --> 01:09:06.460] Thanks. [01:09:06.460 --> 01:09:07.460] Okay. [01:09:07.460 --> 01:09:08.460] Thank you. [01:09:08.460 --> 01:09:09.460] Great show. [01:09:09.460 --> 01:09:10.460] Okay. [01:09:10.460 --> 01:09:12.460] Now we're going to go to Mr. Stump the Chumps himself. [01:09:12.460 --> 01:09:13.460] Hello, Dominic. [01:09:13.460 --> 01:09:14.460] Hey, Randy. [01:09:14.460 --> 01:09:15.460] How are you doing? [01:09:15.460 --> 01:09:16.460] Doing good. [01:09:16.460 --> 01:09:19.460] What have you got for us today? [01:09:19.460 --> 01:09:21.460] Well, I only had one question. [01:09:21.460 --> 01:09:27.460] Tomorrow is going to be the first Saturday ever since Eddie started doing his seminars, [01:09:27.460 --> 01:09:29.460] and I'm not going to work. [01:09:29.460 --> 01:09:36.460] So I was wondering, we can just show up, or do we need to call ahead of time, or what's [01:09:36.460 --> 01:09:37.460] the process? [01:09:37.460 --> 01:09:38.460] Just show up. [01:09:38.460 --> 01:09:40.460] Everybody can just show up except you. [01:09:40.460 --> 01:09:42.460] You have to get an appointment. [01:09:42.460 --> 01:09:44.460] Oh, man, I knew it. [01:09:44.460 --> 01:09:49.460] Yeah, that's exactly it. [01:09:49.460 --> 01:09:50.460] What time is it? [01:09:50.460 --> 01:09:51.460] From 3 to 6. [01:09:51.460 --> 01:09:52.460] 3 to 6. [01:09:52.460 --> 01:09:53.460] Good. [01:09:53.460 --> 01:09:56.460] Because like I said, ever since he started, I've been working. [01:09:56.460 --> 01:09:57.460] But that's really it. [01:09:57.460 --> 01:10:02.460] I just wanted to make sure I could, you know, the process and that I was going to show up [01:10:02.460 --> 01:10:03.460] for that. [01:10:03.460 --> 01:10:04.460] Okay. [01:10:04.460 --> 01:10:06.460] Yeah, it's 3 to 6 at Brave New Books. [01:10:06.460 --> 01:10:07.460] Okay. [01:10:07.460 --> 01:10:15.460] And one other thing, on my case with a traffic citation, since my court date, that court date [01:10:15.460 --> 01:10:21.460] that I went over, that court that I went to, they moved it to a pretrial. [01:10:21.460 --> 01:10:28.460] Does that limit me in the ability to file for dismissal because of lack of prosecution? [01:10:28.460 --> 01:10:29.460] No. [01:10:29.460 --> 01:10:30.460] Yes. [01:10:30.460 --> 01:10:31.460] Yes. [01:10:31.460 --> 01:10:32.460] Hold on a minute now. [01:10:32.460 --> 01:10:33.460] Oh, wait. [01:10:33.460 --> 01:10:34.460] How old is the case? [01:10:34.460 --> 01:10:38.460] No, it's just like last month, but I went to trial. [01:10:38.460 --> 01:10:43.460] And when I went to trial, they had like eight of us there, but they only heard one case. [01:10:43.460 --> 01:10:44.460] Okay. [01:10:44.460 --> 01:10:51.460] The charge here is abusive process as a due process violation. [01:10:51.460 --> 01:10:58.460] Yes, but as far as me filing a motion to dismiss because of lack of prosecution, can I not [01:10:58.460 --> 01:11:01.460] do that anymore since I set it up for a pretrial? [01:11:01.460 --> 01:11:02.460] No. [01:11:02.460 --> 01:11:04.460] You can't claim lack of prosecution. [01:11:04.460 --> 01:11:06.460] They're still prosecuting. [01:11:06.460 --> 01:11:16.460] Generally, lack of prosecution only goes to if they extended beyond the statute limitations, [01:11:16.460 --> 01:11:19.460] the speedy trial limitations. [01:11:19.460 --> 01:11:24.460] Well, no, it can also apply if the prosecuting attorney announces ready for trial, and in [01:11:24.460 --> 01:11:29.460] fact, there is no valid charging instrument on filing the court record granting the court [01:11:29.460 --> 01:11:30.460] jurisdiction. [01:11:30.460 --> 01:11:35.460] If he says ready for trial and there is no jurisdiction in the court, it's over. [01:11:35.460 --> 01:11:40.460] Yes, but it's not lack of prosecution. [01:11:40.460 --> 01:11:43.460] Like if they called me in for trial, I'll have trial on that date. [01:11:43.460 --> 01:11:45.460] That's abusive process. [01:11:45.460 --> 01:11:46.460] Okay. [01:11:46.460 --> 01:11:47.460] And that's crime. [01:11:47.460 --> 01:11:52.460] That's a crime directly. [01:11:52.460 --> 01:11:57.460] They called in eight people knowing full well they would only try one. [01:11:57.460 --> 01:12:01.460] So they committed seven acts of abuse to process. [01:12:01.460 --> 01:12:02.460] Okay. [01:12:02.460 --> 01:12:09.460] And you should charge for all seven, each one a separate offense. [01:12:09.460 --> 01:12:14.460] Just make up your complaints and leave the names of the parties blank. [01:12:14.460 --> 01:12:21.460] Go down and request the appearance docket for that date, fill in the names of the people [01:12:21.460 --> 01:12:28.460] that had this done to them and go to, is this a small community? [01:12:28.460 --> 01:12:30.460] Do they only have one municipal judge? [01:12:30.460 --> 01:12:33.460] It's Austin Municipal Court. [01:12:33.460 --> 01:12:38.460] Oh, just go down to that little judge they have right when you come in the door to your [01:12:38.460 --> 01:12:40.460] left, there's a little courtroom. [01:12:40.460 --> 01:12:44.460] Go down there and give them all to the magistrate. [01:12:44.460 --> 01:12:45.460] Excellent. [01:12:45.460 --> 01:12:51.460] And he'll refuse to take them and then we get to go after him with a grand jury. [01:12:51.460 --> 01:12:52.460] All right. [01:12:52.460 --> 01:12:53.460] Okay. [01:12:53.460 --> 01:12:55.460] Well, you're going to be there tomorrow, right, you said? [01:12:55.460 --> 01:12:56.460] Yes, I'm going to be there. [01:12:56.460 --> 01:12:57.460] Okay. [01:12:57.460 --> 01:12:59.460] Yeah, because I also wanted to talk to you about something else. [01:12:59.460 --> 01:13:00.460] But all right. [01:13:00.460 --> 01:13:02.460] Well, I'll see you all tomorrow. [01:13:02.460 --> 01:13:03.460] All righty. [01:13:03.460 --> 01:13:04.460] I haven't heard Deborah. [01:13:04.460 --> 01:13:05.460] Is she doing all right? [01:13:05.460 --> 01:13:06.460] Yeah, she's back here. [01:13:06.460 --> 01:13:07.460] I am right here. [01:13:07.460 --> 01:13:11.460] She is watching our every move. [01:13:11.460 --> 01:13:13.460] Well, I'm listening and checking everything in. [01:13:13.460 --> 01:13:14.460] I'm here. [01:13:14.460 --> 01:13:15.460] Keep them in line. [01:13:15.460 --> 01:13:16.460] Keep them in line. [01:13:16.460 --> 01:13:17.460] All right. [01:13:17.460 --> 01:13:18.460] Well, you all have a great evening. [01:13:18.460 --> 01:13:19.460] Okay. [01:13:19.460 --> 01:13:20.460] Thank you, Dominic. [01:13:20.460 --> 01:13:21.460] Bye-bye. [01:13:21.460 --> 01:13:22.460] Okay. [01:13:22.460 --> 01:13:26.460] Now we're going to go to Brendan in Connecticut. [01:13:26.460 --> 01:13:29.460] There it is. [01:13:29.460 --> 01:13:30.460] Okay. [01:13:30.460 --> 01:13:31.460] Hello. [01:13:31.460 --> 01:13:34.460] Yeah, that's the right one. [01:13:34.460 --> 01:13:35.460] Okay. [01:13:35.460 --> 01:13:36.460] Hello, Brendan. [01:13:36.460 --> 01:13:37.460] Hi, folks. [01:13:37.460 --> 01:13:38.460] How's it going? [01:13:38.460 --> 01:13:39.460] It's going pretty good. [01:13:39.460 --> 01:13:40.460] We're having a heat wave here. [01:13:40.460 --> 01:13:41.460] Yeah. [01:13:41.460 --> 01:13:45.460] Anything's a heat wave compared to what's going on here. [01:13:45.460 --> 01:13:46.460] All right. [01:13:46.460 --> 01:13:52.460] So I went to court last Friday, and I'm the guy that had the gut summons with the posted [01:13:52.460 --> 01:13:53.460] note. [01:13:53.460 --> 01:13:59.460] And I went in there, and I had a motion to dismiss because of jurisdiction. [01:13:59.460 --> 01:14:04.100] That's the paper motion that I did before I went to court, a couple weeks before I went [01:14:04.100 --> 01:14:05.100] to court. [01:14:05.100 --> 01:14:11.580] And then I did a motion to dismiss because they were simulating the legal process by [01:14:11.580 --> 01:14:15.060] trying to summons me with the posted note. [01:14:15.060 --> 01:14:16.060] And I thought that the... [01:14:16.060 --> 01:14:19.540] It was a magistrate, and I thought she was going to throw it out. [01:14:19.540 --> 01:14:26.140] And what she did instead was she actually is having both the prosecutor and I both do [01:14:26.140 --> 01:14:30.500] legal briefs on both of these motions. [01:14:30.500 --> 01:14:35.020] And then once that...I have a month to do that. [01:14:35.020 --> 01:14:36.020] He does too. [01:14:36.020 --> 01:14:37.020] He has a month to do that. [01:14:37.020 --> 01:14:42.620] And once we do that, then we both have to do responses to each other's legal briefs. [01:14:42.620 --> 01:14:44.620] That was interesting. [01:14:44.620 --> 01:14:45.620] Yeah, really. [01:14:45.620 --> 01:14:48.100] I was really surprised. [01:14:48.100 --> 01:14:53.340] And the prosecutor is not a happy camper because he has to do a legal brief saying that he [01:14:53.340 --> 01:14:56.340] can summons me with a posted note. [01:14:56.340 --> 01:14:59.140] Good luck with that. [01:14:59.140 --> 01:15:00.140] Yeah. [01:15:00.140 --> 01:15:07.660] And he was trying to give me advice on the stairway on the way down. [01:15:07.660 --> 01:15:12.100] And I just kind of turned to him and said, look, if I was you, I would just drop this [01:15:12.100 --> 01:15:17.660] because you've got to go do a legal brief saying that you can...summons me with a posted [01:15:17.660 --> 01:15:18.660] note. [01:15:18.660 --> 01:15:21.100] And he swore up and down that he could. [01:15:21.100 --> 01:15:23.220] And I said, go show me the law. [01:15:23.220 --> 01:15:26.260] And he said, I can't, I'd have to go look it up. [01:15:26.260 --> 01:15:27.260] Yeah, right. [01:15:27.260 --> 01:15:28.260] It is. [01:15:28.260 --> 01:15:29.260] It's really interesting. [01:15:29.260 --> 01:15:33.180] But now my question is, how do I do a legal brief? [01:15:33.180 --> 01:15:34.180] Okay. [01:15:34.180 --> 01:15:45.980] That is...send me something on the case, on the nature of the case. [01:15:45.980 --> 01:15:53.220] And I will go into Lexus and see if I can pull down you a brief, at least close, I want [01:15:53.220 --> 01:15:55.380] to send a similar topic. [01:15:55.380 --> 01:15:56.380] Okay. [01:15:56.380 --> 01:15:57.380] That's perfect. [01:15:57.380 --> 01:15:59.420] Email that to me. [01:15:59.420 --> 01:16:00.420] Okay. [01:16:00.420 --> 01:16:02.940] And I can get your email from the website? [01:16:02.940 --> 01:16:03.940] Yes. [01:16:03.940 --> 01:16:04.940] Okay. [01:16:04.940 --> 01:16:10.260] But here's the...one of the things to keep in mind when you're doing a legal brief. [01:16:10.260 --> 01:16:11.620] Yep. [01:16:11.620 --> 01:16:19.100] The judge has no power to agree with you. [01:16:19.100 --> 01:16:23.980] The judge only has the power to apply the law to the facts. [01:16:23.980 --> 01:16:29.080] So don't waste your time giving your, the judge, your personal opinion. [01:16:29.080 --> 01:16:32.220] She won't be interested and she won't be moved by it. [01:16:32.220 --> 01:16:35.020] The judge may only apply the law to the facts. [01:16:35.020 --> 01:16:39.980] So any proactive statement you make, make it out of the language of the case law. [01:16:39.980 --> 01:16:42.220] Can I, can I hold on? [01:16:42.220 --> 01:16:44.220] I got one more question. [01:16:44.220 --> 01:16:45.220] Absolutely. [01:16:45.220 --> 01:16:49.420] This is Randy Kelton, Deborah Stevens, Eddie Craig, Wheel of Law Radio. [01:16:49.420 --> 01:17:02.100] You'll be right back on the other side taking your calls and taking your questions. [01:17:02.100 --> 01:17:07.140] Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies [01:17:07.140 --> 01:17:09.140] in the Austin metro area. [01:17:09.140 --> 01:17:11.180] We also ship worldwide. [01:17:11.180 --> 01:17:15.260] We are a family owned and operated business that offers competitive prices on your coin [01:17:15.260 --> 01:17:16.260] and metals purchases. [01:17:16.260 --> 01:17:21.900] We buy, sell, trade and consign rare coins, gold and silver coin collections, precious [01:17:21.900 --> 01:17:23.780] metals and scrap gold. [01:17:23.780 --> 01:17:27.380] We will purchase and sell gold and jewelry items as well. [01:17:27.380 --> 01:17:29.980] We offer daily specials on coins and bullion. [01:17:29.980 --> 01:17:35.980] We're located at 5448 Barnett Road, Suite 3 and we're open Monday through Friday 10 [01:17:35.980 --> 01:17:39.940] AM to 6 PM, Saturdays 10 AM to 5 PM. [01:17:39.940 --> 01:17:47.340] You are welcome to stop in our shop during regular business hours or call 512-646-6440 [01:17:47.340 --> 01:17:48.340] with any questions. [01:17:48.340 --> 01:17:53.460] Ask for Chad and say you heard about us on Wheel of Law Radio or 90.1 FM. [01:17:53.460 --> 01:18:00.660] That's Capital Coin and Bullion, 512-646-6440. [01:18:00.660 --> 01:18:05.580] It is so enlightening to listen to 90.1 FM but finding things on the internet isn't [01:18:05.580 --> 01:18:09.340] so easy and neither is finding like minded people to share it with. [01:18:09.340 --> 01:18:12.260] Oh well, I guess you haven't heard of Brave New Books then. [01:18:12.260 --> 01:18:13.260] Brave New Books? [01:18:13.260 --> 01:18:18.060] Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex [01:18:18.060 --> 01:18:20.620] Jones, Ron Paul and G. Edward Griffin. [01:18:20.620 --> 01:18:24.020] They even stock inner food, Berkey products and Calvin Soaps. [01:18:24.020 --> 01:18:26.940] There's no way a place like that exists. [01:18:26.940 --> 01:18:28.420] Go check it out for yourself. [01:18:28.420 --> 01:18:32.780] It's downtown at 1904 Guadalupe Street just south of UT. [01:18:32.780 --> 01:18:36.060] By UT, there's never anywhere to park down there. [01:18:36.060 --> 01:18:41.420] Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking [01:18:41.420 --> 01:18:44.420] Facility just behind the bookstore. [01:18:44.420 --> 01:18:47.340] It does exist, but when are they open? [01:18:47.340 --> 01:18:52.180] Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays. [01:18:52.180 --> 01:18:58.700] So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com. 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everything [01:23:14.900 --> 01:23:41.900] If I can't get everything I want If I can't get everything I want If I can't get everything [01:23:41.900 --> 01:24:06.900] If I can't get everything I want If I can't get everything I want If I can't get everything [01:24:06.900 --> 01:24:33.900] If I can't get everything I want If I can't get everything I want If I can't get everything [01:24:33.900 --> 01:24:58.900] If I can't get everything I want If I can't get everything I want If I can't get everything [01:24:58.900 --> 01:25:25.900] If I can't get everything I want If I can't get everything I want If I can't get everything [01:25:25.900 --> 01:25:52.900] If I can't get everything I want If I can't get everything I want If I can't get everything [01:25:52.900 --> 01:26:17.900] If I can't get everything I want If I can't get everything I want If I can't get everything [01:26:17.900 --> 01:26:42.900] If I can't get everything I want If I can't get everything I want If I can't get everything [01:26:42.900 --> 01:27:09.900] If I can't get everything I want If I can't get everything I want If I can't get everything [01:27:09.900 --> 01:27:34.900] If I can't get everything I want If I can't get everything I want If I can't get everything [01:27:34.900 --> 01:27:49.900] I want If I can't get everything I want If I can't get everything I want If I can't get [01:27:49.900 --> 01:28:04.900] everything I want If I can't get everything I want If I can't get everything I want If [01:28:04.900 --> 01:28:19.900] I can't get everything I want If I can't get everything I want If I can't get everything [01:28:19.900 --> 01:28:34.900] I want If I can't get everything I want If I can't get everything I want If I can't get [01:28:34.900 --> 01:28:49.900] everything I want If I can't get everything I want If I can't get everything I want If [01:28:49.900 --> 01:29:04.900] I can't get everything I want If I can't get everything I want If I can't get everything [01:29:04.900 --> 01:29:19.900] I want If I can't get everything I want If I can't get everything I want If I can't [01:29:19.900 --> 01:29:34.900] get everything I want If I can't get everything I want If I can't get everything [01:29:34.900 --> 01:29:49.900] I want If I can't get everything I want If I can't get everything I want If I can't [01:29:49.900 --> 01:30:04.900] get everything I want If I can't get everything I want If I can't get everything I want If [01:30:04.900 --> 01:30:19.900] I can't get everything I want If I can't get everything I want If I can't get everything [01:30:19.900 --> 01:30:34.900] I want If I can't get everything I want If I can't get everything I want If I can't [01:30:34.900 --> 01:30:49.900] get everything I want If I can't get everything I want If I can't get everything I want If [01:30:49.900 --> 01:31:04.900] I can't get everything I want If I can't get everything I want If I can't get everything [01:31:04.900 --> 01:31:19.900] I want If I can't get everything I want If I can't get everything I want If I can't [01:31:19.900 --> 01:31:34.900] get everything I want If I can't get everything I want If I can't get everything I want If [01:31:34.900 --> 01:31:49.900] I can't get everything I want If I can't get everything I want If I can't get everything [01:31:49.900 --> 01:32:04.900] I want If I can't get everything I want If I can't get everything I want If I can't [01:32:04.900 --> 01:32:19.900] get everything I want If I can't get everything I want If I can't get everything I want If [01:32:19.900 --> 01:32:34.900] I can't get everything I want If I can't get everything I want If I can't get everything [01:32:34.900 --> 01:32:51.900] I want If I can't get everything I want If I can't get everything I want If I can't [01:32:51.900 --> 01:32:58.900] get everything I want If I can't get everything I want If I can't get everything I want If [01:32:58.900 --> 01:33:06.660] Well, when it finally got before the judge, of course, he tried to get me to come up to [01:33:06.660 --> 01:33:11.660] the microphone and all, and I told him, being a disabled veteran, he got mad at me, I prefer [01:33:11.660 --> 01:33:13.660] to sit, so he said, okay. [01:33:13.660 --> 01:33:18.780] So I never went, I actually went before him, and every time I tried to say something, he [01:33:18.780 --> 01:33:19.780] shut me up. [01:33:19.780 --> 01:33:24.340] He told me I had three choices, I could flee, guilty, not guilty, and no contest. [01:33:24.340 --> 01:33:29.540] I let him know that he'd missed one, I could not flee. [01:33:29.540 --> 01:33:34.020] And then he threatened me, he said, I've got a man standing, an officer in the back of [01:33:34.020 --> 01:33:39.060] the room, an armed officer in the back of the room, that I can call up here and have [01:33:39.060 --> 01:33:42.540] him handcuff you and take you to jail if you don't flee. [01:33:42.540 --> 01:33:47.220] Now you just think about that, he says, and then he proceeded to empty the court of all [01:33:47.220 --> 01:33:48.700] the other people that were there. [01:33:48.700 --> 01:33:55.300] But he didn't want nobody to hear this, of course. [01:33:55.300 --> 01:33:58.780] Then when he finally called me again and asked me if I was ready to plea, I said no, he said, [01:33:58.780 --> 01:34:02.780] well, I'm entering a plea for you. [01:34:02.780 --> 01:34:05.740] So he did so instead of court date, so. [01:34:05.740 --> 01:34:09.940] Okay, this is what I suggest. [01:34:09.940 --> 01:34:16.340] First file a judicial conduct complaint against the judge and file criminal charges against [01:34:16.340 --> 01:34:19.060] the judge for aggravated assault. [01:34:19.060 --> 01:34:25.900] Yeah, that's my plan, along with this notice in the man that I'm sending him to dismiss [01:34:25.900 --> 01:34:26.900] the case. [01:34:26.900 --> 01:34:29.420] Well, don't forget tampering with a witness as well. [01:34:29.420 --> 01:34:30.420] Yeah, tampering with a witness. [01:34:30.420 --> 01:34:36.700] Yeah, well, that's one of the things I have listed in here, is that during the contested [01:34:36.700 --> 01:34:43.140] proceedings on January 13th, a man known to me as Ronald Miller, claiming to be a judge [01:34:43.140 --> 01:34:47.300] but ignoring my written request for proof of that office by providing evidence of an [01:34:47.300 --> 01:34:52.340] oath of office, demanded a plea upon denying request to enter a plea. [01:34:52.340 --> 01:34:58.660] I was threatened by a supposed judge with being kidnapped by an armed officer standing [01:34:58.660 --> 01:35:04.100] in the back of the room by being handcuffed and taken to jail to think about it. [01:35:04.100 --> 01:35:11.180] After this witness intimidation by the judge, he entered a plea for me without permission [01:35:11.180 --> 01:35:13.260] or authority. [01:35:13.260 --> 01:35:18.740] This being an administrative limited jurisdiction court having no indictment from grand jury [01:35:18.740 --> 01:35:24.220] or information presented as required under Article 2, Section 8 of the Colorado Constitution, [01:35:24.220 --> 01:35:29.180] proper summons and warrant accompanied by a sworn affidavit and verified complaint from [01:35:29.180 --> 01:35:34.980] an aged man or woman whom I have a right to face as my accuser, is in violation of Supremacy [01:35:34.980 --> 01:35:42.500] Clause Article 6, Section 2 and any oath of office Article 3, Section 2 of the Organic [01:35:42.500 --> 01:35:52.020] Constitution of the United States and thereby waiving any presumed judicial immunity. [01:35:52.020 --> 01:35:58.620] I also withhold any presumed power of attorney for anyone to plea on my behalf. [01:35:58.620 --> 01:36:08.620] I started this out sending it to City of Golden, Colorado, a limited administrative private [01:36:08.620 --> 01:36:21.140] corporate entity, Dunn's number 0783-499-09, so they are a corporation of course. [01:36:21.140 --> 01:36:24.700] Have you sent a tort letter to the city? [01:36:24.700 --> 01:36:26.500] No. [01:36:26.500 --> 01:36:30.460] You might think about a tort letter. [01:36:30.460 --> 01:36:33.860] Start writing your lawsuit now. [01:36:33.860 --> 01:36:39.380] Do you have anything that lists causes of action for Colorado? [01:36:39.380 --> 01:36:48.860] Well, I guess I could go to the Colorado Revised Statutes and see. [01:36:48.860 --> 01:36:52.500] No, they won't be in the revised statutes. [01:36:52.500 --> 01:36:55.700] They will be in a practice guide. [01:36:55.700 --> 01:36:59.740] These are things that are not defined in any code. [01:36:59.740 --> 01:37:05.780] They are defined by case law and practice. [01:37:05.780 --> 01:37:07.500] You might call an attorney. [01:37:07.500 --> 01:37:16.700] Try calling Gary Bailey's office and ask them what is the primary litigation guide used [01:37:16.700 --> 01:37:20.580] by attorneys in Colorado. [01:37:20.580 --> 01:37:25.860] Just call a few law firms close by, tell them that you are homeschooling your kids and you [01:37:25.860 --> 01:37:31.860] want to give them a course in legal procedure and you would like to be able to show them [01:37:31.860 --> 01:37:35.540] some of the kinds of things attorneys use. [01:37:35.540 --> 01:37:40.420] Ask them what litigation guide they use and ask if they have any old copies, because they [01:37:40.420 --> 01:37:43.860] change them out every year or every two years. [01:37:43.860 --> 01:37:50.380] That litigation guide will tell you what causes of action are defined in Colorado, what the [01:37:50.380 --> 01:37:54.620] elements of those causes of action are, how to plead them, how to defend against them, [01:37:54.620 --> 01:38:00.300] give you case law and support, give you about everything you need. [01:38:00.300 --> 01:38:09.060] You put together a tort letter that is a lawsuit, that looks just like a lawsuit. [01:38:09.060 --> 01:38:11.500] That's going to get their attention. [01:38:11.500 --> 01:38:21.380] You might go down to the district court and look up any lawsuits against the city and [01:38:21.380 --> 01:38:25.820] see if anybody else has sued Golden, I'm sure a bunch of people have, and pull their lawsuits [01:38:25.820 --> 01:38:27.660] it will tell you how to write them. [01:38:27.660 --> 01:38:32.100] Take the heading off, take the prayer off the bottom and put a business letter heading [01:38:32.100 --> 01:38:37.420] on it and send it to them. [01:38:37.420 --> 01:38:41.300] That will get their attention. [01:38:41.300 --> 01:38:44.540] And also get a lot of that part of the work done. [01:38:44.540 --> 01:38:45.540] It's all about money. [01:38:45.540 --> 01:38:50.100] And when the city sees it's going to cost them money, that this guy is sharp and shooting [01:38:50.100 --> 01:38:55.980] us just so he can get us into court and bill us for some money, they'll put pressure on [01:38:55.980 --> 01:39:02.740] the judge to make this thing go away. [01:39:02.740 --> 01:39:04.980] And you'll have way too much fun with it. [01:39:04.980 --> 01:39:13.220] Oh yeah, yeah, and then the next thing you know is about how to file charges against [01:39:13.220 --> 01:39:14.220] the judge. [01:39:14.220 --> 01:39:17.140] What forms do you have? [01:39:17.140 --> 01:39:23.820] Criminal charges, okay, you'll have a judicial conduct commission of some sort in Colorado [01:39:23.820 --> 01:39:27.100] and they will have the forms on their website. [01:39:27.100 --> 01:39:33.780] The bar grievance is against the prosecutor, that's easy enough with the state bar site. [01:39:33.780 --> 01:39:37.220] And then the tort letter, you can go down and find them. [01:39:37.220 --> 01:39:43.500] I find my best information in lawsuits or in case files. [01:39:43.500 --> 01:39:44.500] You see what the attorneys are... [01:39:44.500 --> 01:39:49.780] So I've got judicial conduct cases, judicial conduct complaints? [01:39:49.780 --> 01:39:52.980] No, look for civil suits against the city. [01:39:52.980 --> 01:39:53.980] Okay. [01:39:53.980 --> 01:40:00.260] And then if it's got just a person's name versus the city instead of a company versus [01:40:00.260 --> 01:40:08.340] the city, then you've probably got an individual suing and just look in, they'll have a docket [01:40:08.340 --> 01:40:13.220] sheet showing all the things that's been filed and if you read those titles, you'll get [01:40:13.220 --> 01:40:16.060] a real quick idea of what the suit's about. [01:40:16.060 --> 01:40:23.340] Now you said a tort letter, how is that different than a regular lawsuit? [01:40:23.340 --> 01:40:26.060] You have harmed me. [01:40:26.060 --> 01:40:30.340] This is how you have harmed me, make me whole or be sued. [01:40:30.340 --> 01:40:35.740] In order to sue a county or a municipality, they require that you give them notice and [01:40:35.740 --> 01:40:40.780] opportunity to repair and generally you have to give them 60 days notice before you can [01:40:40.780 --> 01:40:43.500] sue. [01:40:43.500 --> 01:40:46.180] So that's letting them know you're touching all the bases. [01:40:46.180 --> 01:40:47.180] Okay. [01:40:47.180 --> 01:40:48.180] It's a good start. [01:40:48.180 --> 01:40:49.180] Cool. [01:40:49.180 --> 01:40:52.180] Okay, we're running out of time. [01:40:52.180 --> 01:40:57.180] Thank you very much and keep us posted on how this goes. [01:40:57.180 --> 01:40:58.180] Will do. [01:40:58.180 --> 01:40:59.180] Okay. [01:40:59.180 --> 01:41:00.180] Thank you, James. [01:41:00.180 --> 01:41:01.180] Okay. [01:41:01.180 --> 01:41:02.180] Now we're going to go to Dan in Connecticut. [01:41:02.180 --> 01:41:03.180] We're getting a bunch of calls from Connecticut today. [01:41:03.180 --> 01:41:04.180] I wonder why that is, Randy. [01:41:04.180 --> 01:41:05.180] Maybe you're too cold to do anything else. [01:41:05.180 --> 01:41:06.180] Just to try to hear him say it's my guess. [01:41:06.180 --> 01:41:07.180] Well, anyway, I'll keep this quick so you can hear me. [01:41:07.180 --> 01:41:08.180] Okay. [01:41:08.180 --> 01:41:31.140] First of all, anybody in Connecticut, Brendan included, your email you want to send to is [01:41:31.140 --> 01:41:33.140] headlinecopy at gmail.com. [01:41:33.140 --> 01:41:39.180] I have an awesome group of files that I refer to as my toolbox, obviously with the same [01:41:39.180 --> 01:41:42.660] disclaimers that are on the rule of law radio website. [01:41:42.660 --> 01:41:48.460] But if you keep studying them, you too may be plagiarized by an attorney, which was so [01:41:48.460 --> 01:41:55.580] awesome to have happened to me and I've only known to have happened once. [01:41:55.580 --> 01:41:59.540] And also I just want to update everybody on my BradyMotion project. [01:41:59.540 --> 01:42:03.700] I'm creating a BradyMotion for every state in the union. [01:42:03.700 --> 01:42:10.700] So far I have completed California, Wisconsin, New Hampshire, Connecticut, and Louisiana. [01:42:10.700 --> 01:42:15.700] Of course, the original Austin BradyMotion that I initially plagiarized was from Texas, [01:42:15.700 --> 01:42:18.460] which is on jurisimprudence.com. [01:42:18.460 --> 01:42:23.300] But every time I've done a different version, I've modified it and I've added case law [01:42:23.300 --> 01:42:24.700] from other jurisdictions. [01:42:24.700 --> 01:42:30.460] So hopefully when I hit every state in the union, it's going to be this beefed up awesome [01:42:30.460 --> 01:42:37.220] document that, at least in Connecticut, prosecutors are going to look like with the pair of eyes [01:42:37.220 --> 01:42:39.780] that you would swear were dinner plates and not eyeballs. [01:42:39.780 --> 01:42:44.180] Will you send me a link to that page and I will put it on my site? [01:42:44.180 --> 01:42:48.420] I did send you an email to the copies of the BradyMotions I had so far. [01:42:48.420 --> 01:42:49.420] Oh, OK. [01:42:49.420 --> 01:42:50.420] I will check that. [01:42:50.420 --> 01:42:54.820] Dan, if you took Randy's original motion, you better have done a thorough spell and [01:42:54.820 --> 01:42:56.340] grammar check on it. [01:42:56.340 --> 01:42:58.140] I certainly did. [01:42:58.140 --> 01:43:01.140] Hey, hey, hey, hey. [01:43:01.140 --> 01:43:03.780] I plagiarized that from someone else. [01:43:03.780 --> 01:43:04.780] Thank you very much. [01:43:04.780 --> 01:43:10.340] And that's a case in point of what I was telling James in Colorado. [01:43:10.340 --> 01:43:12.260] Go down and look through the court records. [01:43:12.260 --> 01:43:14.700] That's where I found that BradyMotion. [01:43:14.700 --> 01:43:18.300] I also found an EliminyMotion. [01:43:18.300 --> 01:43:20.780] I don't get to take credit for that awesome BradyMotion. [01:43:20.780 --> 01:43:22.740] I did not write it. [01:43:22.740 --> 01:43:24.540] I stole it. [01:43:24.540 --> 01:43:30.620] Well, just to let everybody know, that BradyMotion and everything in my toolbox for Connecticut, [01:43:30.620 --> 01:43:36.300] and again, if you want it in Connecticut, it's headlinecopyatgmail.com. [01:43:36.300 --> 01:43:37.300] And I hear the music. [01:43:37.300 --> 01:43:38.300] I believe we're out of time. [01:43:38.300 --> 01:43:39.300] OK. [01:43:39.300 --> 01:43:40.300] Thank you, Dan. [01:43:40.300 --> 01:43:41.300] This is Randy Kelvin. [01:43:41.300 --> 01:43:42.300] Debra Stevens, Eddie Craig. [01:43:42.300 --> 01:43:43.300] We're La La Radio. [01:43:43.300 --> 01:44:01.300] We'll be back on the other side, and we'll be taking Marcus from Virginia. [01:44:01.300 --> 01:44:07.780] More energy, stronger immune power, improved sense of well-being. [01:44:07.780 --> 01:44:10.860] How many supplements have you heard boast of these benefits? [01:44:10.860 --> 01:44:17.260] The team behind Centrition believes that supplements should over-deliver on their promises, and [01:44:17.260 --> 01:44:20.620] Centrition does just that. [01:44:20.620 --> 01:44:24.940] Centrition utilizes the ancient healing wisdom of Chinese medicine. [01:44:24.940 --> 01:44:29.760] In conjunction with the science of modern nutrition, adaptogenic herbs serve as the [01:44:29.760 --> 01:44:35.940] healing component, and organic hemp protein in greens and superfoods act as a balanced [01:44:35.940 --> 01:44:37.540] nutrient base. [01:44:37.540 --> 01:44:41.780] Plus, Centrition tastes great in just water. [01:44:41.780 --> 01:44:47.580] This powder supplement is everything you'd want in a product, and it's all natural. [01:44:47.580 --> 01:44:56.020] Visit Centrition.com to order yours, or call 1-866-497-7436. [01:44:56.020 --> 01:44:59.420] After you use Centrition, you'll believe in supplements again. [01:44:59.420 --> 01:45:04.140] Are you the plaintiff or defendant in a lawsuit? [01:45:04.140 --> 01:45:10.860] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand, 4-CD course [01:45:10.860 --> 01:45:13.940] that will show you how in 24 hours, step-by-step. [01:45:13.940 --> 01:45:18.540] If you have a lawyer, know what your lawyer should be doing. [01:45:18.540 --> 01:45:22.900] If you don't have a lawyer, know what you should do for yourself. [01:45:22.900 --> 01:45:27.740] Thousands have won with our step-by-step course, and now you can too. [01:45:27.740 --> 01:45:33.700] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:33.700 --> 01:45:39.020] Even if you're not in a lawsuit, you can learn what everyone should understand about the [01:45:39.020 --> 01:45:43.340] principles and practices that control our American courts. [01:45:43.340 --> 01:45:49.540] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:49.540 --> 01:45:51.900] pro se tactics, and much more. [01:45:51.900 --> 01:46:14.860] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EASY. [01:46:14.860 --> 01:46:43.280] Thank you. [01:46:44.860 --> 01:47:02.860] The people come down from the hill, Into the city they will shuffle, [01:47:02.860 --> 01:47:16.860] Many long nights, many strong thrills, Land of comfort, land of scuffle, [01:47:16.860 --> 01:47:31.860] It's hard to lose, and it's hard to hold, Far back as they remember, they've been told, [01:47:31.860 --> 01:47:34.860] They've got to lose their minds. [01:47:34.860 --> 01:47:38.860] Okay, this is Randy Kelton, W. Stevens, Eddie Craig, Riverwall Radio. [01:47:38.860 --> 01:47:40.860] We're going to Marcus from Virginia. [01:47:40.860 --> 01:47:43.860] Marcus, what's on your mind tonight? [01:47:43.860 --> 01:47:46.860] Well, hello from the rest of the field. Can you hear me? [01:47:46.860 --> 01:47:49.860] Yes, we can, and you have a bunch of background noise. [01:47:49.860 --> 01:47:52.860] Yeah, I'm sorry about that. [01:47:52.860 --> 01:47:59.860] But anyway, I was wondering, I've got a few questions related to my situation. [01:47:59.860 --> 01:48:06.860] How do you feel about doing the bar grievance and making sure that it's reported to the bonding agency? [01:48:06.860 --> 01:48:11.860] You don't have to make sure it's reported to the bonding agency. [01:48:11.860 --> 01:48:20.860] If the attorney doesn't report it to the bonding agency and they find out, he won't have any insurance. [01:48:20.860 --> 01:48:31.860] And he almost certainly will have trouble ever getting it again if they cancel his insurance for not reporting. [01:48:31.860 --> 01:48:35.860] Well, how are they going to know? [01:48:35.860 --> 01:48:43.860] If they check the state bar records and find a bar grievance was filed and they didn't get notified of it, [01:48:43.860 --> 01:48:48.860] he's paying his malpractice insurance for nothing. [01:48:48.860 --> 01:48:51.860] So you generally don't have to get that involved. [01:48:51.860 --> 01:48:52.860] Oh, okay. [01:48:52.860 --> 01:48:56.860] All you need to do is file it. That's going to hurt him. [01:48:56.860 --> 01:49:00.860] All right. So how do I do that? Just go to the state bar website or something? [01:49:00.860 --> 01:49:06.860] Yeah, go to the state bar website. Every one of them will have a form on the website. [01:49:06.860 --> 01:49:07.860] All right. [01:49:07.860 --> 01:49:16.860] Then look at the bar association standards and write your complaint in the verbiage of the standard. [01:49:16.860 --> 01:49:24.860] We had here in Texas, someone didn't do that, and they called it a request for mediation instead of a bar grievance. [01:49:24.860 --> 01:49:25.860] Okay. [01:49:25.860 --> 01:49:32.860] The bar is going to do everything they can to make it go away, but if we do it right, they won't get that done. [01:49:32.860 --> 01:49:36.860] Did you have anything else you needed to address? [01:49:36.860 --> 01:49:44.860] What is this detention nonsense that the police give you? They say that they can detain you for questioning. [01:49:44.860 --> 01:49:50.860] Yeah, they call that not an arrest, but the case law calls that an arrest. [01:49:50.860 --> 01:49:53.860] They put the handcuffs on you and then they interrogate. [01:49:53.860 --> 01:49:54.860] Yeah, well... [01:49:54.860 --> 01:50:02.860] They're looking for probable cause after the arrest. They didn't have anything on you before, so they arrest you and then go looking for probable cause. [01:50:02.860 --> 01:50:07.860] That's sure what it looks like. There's no... [01:50:07.860 --> 01:50:08.860] Are you going? [01:50:08.860 --> 01:50:17.860] The law doesn't allow it. The courts have been allowing it. No matter how you wrap it up, it's arrest. [01:50:17.860 --> 01:50:20.860] It's one of those issues that we need to fight. [01:50:20.860 --> 01:50:26.860] Well, I really want to go after it the best way I can. [01:50:26.860 --> 01:50:33.860] I want to go after the Commonwealth attorney because I think he's teaching them this crap at the police academy. [01:50:33.860 --> 01:50:44.860] They sent mock trials at the police academy and that's where their legal advice is coming from, is from the Commonwealth attorney. [01:50:44.860 --> 01:50:48.860] So I want to find out what they're teaching them. [01:50:48.860 --> 01:50:58.860] Okay. We've been looking into that here. Eddie's been looking into the training that is being given to the judges. [01:50:58.860 --> 01:51:01.860] And do you want to address that, Eddie? [01:51:01.860 --> 01:51:12.860] Yeah. The TMCA and the TMCEC are more or less parent-child types of entities here in Texas. [01:51:12.860 --> 01:51:19.860] And that stands for Texas Municipal Court Association and Texas Municipal Court Education Center. [01:51:19.860 --> 01:51:28.860] And basically what they're doing is in some cases they are betting that they're giving the proper information to these judges. [01:51:28.860 --> 01:51:37.860] And in other cases what they're doing is they're completely misrepresenting what either a particular case says or a particular statute says. [01:51:37.860 --> 01:51:47.860] So anything that you get as far as a judge telling you that's what I've been taught or that's the law, don't believe that. [01:51:47.860 --> 01:51:56.860] Because the people that's training them don't necessarily know what they're training them on as being correct and true and accurate either. [01:51:56.860 --> 01:51:59.860] And we've got good evidence to show that. [01:51:59.860 --> 01:52:12.860] But one thing we have noticed is that even where these training entities are training the court personnel properly, the courts are still ignoring the training. [01:52:12.860 --> 01:52:17.860] They're just not doing what they've been taught to do as if it doesn't exist. [01:52:17.860 --> 01:52:23.860] And then when you bring it up and they say no, we don't have to do it that way, you go back and look at their training materials [01:52:23.860 --> 01:52:28.860] and the training material still says yes, you do do it that way. [01:52:28.860 --> 01:52:42.860] So this is clearly a matter of the judges wanting to do what they want to do because it's become their local policy in a given place rather than what the law allows and requires. [01:52:42.860 --> 01:52:44.860] Okay, we need to move quickly. [01:52:44.860 --> 01:52:49.860] We've got two more callers and only six minutes left. [01:52:49.860 --> 01:52:56.860] Well, one thing that bugs me, I don't think I mentioned it before, is that they interrogated me in front of one of the security guards. [01:52:56.860 --> 01:52:59.860] He was there in the room. [01:52:59.860 --> 01:53:03.860] And that's the total violation of my privacy. [01:53:03.860 --> 01:53:06.860] And I want to do something about that too. [01:53:06.860 --> 01:53:12.860] Okay, I think they're going to say you didn't have an expectation of privacy at that point. [01:53:12.860 --> 01:53:14.860] So why? [01:53:14.860 --> 01:53:17.860] You were under arrest. [01:53:17.860 --> 01:53:18.860] I was under arrest. [01:53:18.860 --> 01:53:23.860] So why did they take me to some little police station? [01:53:23.860 --> 01:53:28.860] I mean, why couldn't they just question me right in the middle of all of it? [01:53:28.860 --> 01:53:30.860] You'd have to ask them that. [01:53:30.860 --> 01:53:41.860] I don't know that there's some special prescription that says that when you interrogate somebody, you have to do it in public. [01:53:41.860 --> 01:53:48.860] Well, I don't understand this. [01:53:48.860 --> 01:53:55.860] Well, remember, their procedure is to intimidate you, not protect you or care for your rights. [01:53:55.860 --> 01:54:00.860] It's to intimidate you into cooperating with them. [01:54:00.860 --> 01:54:03.860] But they didn't charge me with anything. [01:54:03.860 --> 01:54:04.860] It doesn't make any difference. [01:54:04.860 --> 01:54:09.860] Have you filed a tort letter yet? [01:54:09.860 --> 01:54:12.860] I'm working on the complaint right now. [01:54:12.860 --> 01:54:16.860] I decided I'm going to set up the Commonwealth's attorney. [01:54:16.860 --> 01:54:18.860] Good, good, wonderful. [01:54:18.860 --> 01:54:21.860] Because I know he's involved in training these police. [01:54:21.860 --> 01:54:23.860] That's why I really want to go after him. [01:54:23.860 --> 01:54:24.860] Okay, I'm sorry. [01:54:24.860 --> 01:54:25.860] We really need to move ahead. [01:54:25.860 --> 01:54:28.860] We've got two more calls and four minutes left. [01:54:28.860 --> 01:54:29.860] All right, all right, thanks. [01:54:29.860 --> 01:54:32.860] Okay, thank you, Marcus. [01:54:32.860 --> 01:54:37.860] Okay, now we're going to go to Alex in California. [01:54:37.860 --> 01:54:39.860] Alex, what's on your mind tonight? [01:54:39.860 --> 01:54:40.860] Yeah, I'm here. [01:54:40.860 --> 01:54:41.860] Can you hear me? [01:54:41.860 --> 01:54:42.860] Yes. [01:54:42.860 --> 01:54:43.860] Yeah. [01:54:43.860 --> 01:54:45.860] I don't think I have enough time, but I'll tell you. [01:54:45.860 --> 01:54:46.860] I'll call back next week. [01:54:46.860 --> 01:54:55.860] But I got a possession of a loaded weapon in a car, and so far I've got another arraignment. [01:54:55.860 --> 01:54:58.860] I did an arraignment, and I have a pretrial hearing coming up. [01:54:58.860 --> 01:55:04.860] I tried to demur the first one, but the judge overruled it without really looking at it. [01:55:04.860 --> 01:55:07.860] And I'm also going pro se. [01:55:07.860 --> 01:55:13.860] I had to fill out forms and things to explain or sign away my right to be represented. [01:55:13.860 --> 01:55:16.860] Now I'm kind of thinking after what you were saying about taking a public defender [01:55:16.860 --> 01:55:21.860] and then putting them on the spot by telling them if they screw up on anything, I'll barter even. [01:55:21.860 --> 01:55:24.860] But I just want to get some... [01:55:24.860 --> 01:55:26.860] Remember, this is California out here. [01:55:26.860 --> 01:55:29.860] It's a big deal if you have a loaded gun in your car. [01:55:29.860 --> 01:55:34.860] Okay. Do you have a right to carry in California at all? [01:55:34.860 --> 01:55:39.860] Yeah. You can open carry with an unloaded gun, which seems pretty ridiculous to me. [01:55:39.860 --> 01:55:46.860] But you can carry a gun on a belt holster as long as it's not concealed and as long as it's not loaded. [01:55:46.860 --> 01:55:53.860] You can have ammunition for it on the same belt and in another pouch, an ammo pouch. [01:55:53.860 --> 01:55:56.860] But you can't carry it loaded in the gun. [01:55:56.860 --> 01:56:02.860] And I don't know. I assume to me an unloaded gun isn't really a weapon, but they still do. [01:56:02.860 --> 01:56:04.860] Maybe that's the point. You're not allowed to carry the weapon. [01:56:04.860 --> 01:56:12.860] Yeah. They think it's a concession to make it look like they're allowing you to keep and bear arms. [01:56:12.860 --> 01:56:16.860] But to me, if you can't keep and bear arms, whether it's concealed... [01:56:16.860 --> 01:56:21.860] But even if it's not concealed, you can carry a gun that has to be unloaded. [01:56:21.860 --> 01:56:24.860] And it was in my car. It wasn't on me. [01:56:24.860 --> 01:56:30.860] It was also part of the law is possession of a loaded firearm in a public place. [01:56:30.860 --> 01:56:35.860] Even though it was in the car, they consider that in a public place. [01:56:35.860 --> 01:56:40.860] Wait a minute. There's a lot of case law that says your car is not a public place. [01:56:40.860 --> 01:56:42.860] I would tend to agree with that. [01:56:42.860 --> 01:56:46.860] It wasn't in a public place until the cop searching my car took it out. [01:56:46.860 --> 01:56:50.860] And that's another thing. I've been living in California all my life. I'm 51 years old. [01:56:50.860 --> 01:56:54.860] I never had a car inventory before when I was being impounded. [01:56:54.860 --> 01:56:57.860] But this guy told me, I'm going to do an inventory of your car. [01:56:57.860 --> 01:57:01.860] And I said, I don't consent to a search. [01:57:01.860 --> 01:57:03.860] But he said, well, I'm not doing a search. I'm doing an inventory. [01:57:03.860 --> 01:57:10.860] And supposedly this is supposed to protect them from liability if the person claims that things are missing from their car. [01:57:10.860 --> 01:57:16.860] That's in the case law. Make sure you ask for that inventory. [01:57:16.860 --> 01:57:19.860] Yeah. There should be somewhere a list of what was in my car, right? [01:57:19.860 --> 01:57:26.860] Yes. And make sure that the $500 and gold coins are still under your seat. [01:57:26.860 --> 01:57:31.860] Well, that's about what $500 was under my seat, but it was in the form of my handgun. [01:57:31.860 --> 01:57:34.860] Okay. You probably won't ever see that again. [01:57:34.860 --> 01:57:36.860] Yeah. That's what's really killing me about this. [01:57:36.860 --> 01:57:41.860] I mean, for a so-called crime that's not even as dangerous as running a red light or something, [01:57:41.860 --> 01:57:46.860] but they're treating it like I was robbing a liquor store. [01:57:46.860 --> 01:57:51.860] And yeah, I really want my gun back. So I really would like to try to find something. [01:57:51.860 --> 01:58:01.860] In my demurrer, I tried to show that there was no evidence of a complaining party, no injury loss or evidence, injury loss or harm. [01:58:01.860 --> 01:58:03.860] That doesn't seem to make much difference. [01:58:03.860 --> 01:58:10.860] Yeah. That goes to the commercial application, and they're going to ignore that. [01:58:10.860 --> 01:58:14.860] We've never seen anybody get any traction with those claims. [01:58:14.860 --> 01:58:17.860] Okay. We are running out of time. [01:58:17.860 --> 01:58:26.860] This is our four-hour marathon, and we've used up the whole thing, and we've just simply had entirely too much fun. [01:58:26.860 --> 01:58:29.860] Thank you, Alex. Thank you, everyone who called in. [01:58:29.860 --> 01:58:39.860] We'll be back Monday with Eddie and Deborah for the traffic show, and then all of us will be back next Thursday and Friday. [01:58:39.860 --> 01:58:46.860] Come back, listen, call in, see if you can stump us, give us the hard questions. We love them. [01:58:46.860 --> 01:59:13.860] Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio. We'll be back next week. [01:59:16.860 --> 01:59:43.860] Thank you. [01:59:43.860 --> 01:59:58.860] Thank you.