[00:00.000 --> 00:04.400] This news brief brought to you by the International News Net. [00:04.400 --> 00:11.600] Five civilians were killed in the Libyan city of Misurata Wednesday under intense fire from forces loyal to Muammar Gaddafi. [00:11.600 --> 00:17.500] Hundreds of people have been killed in weeks of attacks on the only rebel stronghold in the country's west. [00:17.500 --> 00:25.700] Among the casualties were photojournalist Chris Hondros and Tim Hetherington, director of the Oscar-nominated war documentary Restrepo. [00:25.700 --> 00:35.700] A shale natural gas well blew out Tuesday in Brantford County, Pennsylvania, releasing thousands of gallons of hydraulic fracturing fluid. [00:35.700 --> 00:41.700] The State Department of Environmental Protection said Chesapeake Energy's well was stable but not killed. [00:41.700 --> 00:47.700] Environmental groups are calling for an investigation and for the company's drilling operations to be shut down. [00:47.700 --> 00:59.700] A recent congressional report has found 29 chemicals used in natural gas drilling are carcinogenic or considered hazardous under federal clean air and water rules. [00:59.700 --> 01:06.700] A list of chemicals oil and gas companies have used in hydraulic fracturing or fracking includes benzene and lead. [01:06.700 --> 01:13.700] Residents of Texas, Pennsylvania, Colorado and other states say fracking has fouled their drinking water and made them sick. [01:13.700 --> 01:20.700] A new Washington Post-ABC poll finds 72 percent of Americans support taxing the rich. [01:20.700 --> 01:27.700] But on all other fiscal issues, most Americans strongly oppose Democrats and Republicans sharply differing remedies. [01:27.700 --> 01:38.700] The Republican plan, approved by the House last week, calls for a major restructuring of Medicare and Medicaid, a proposal endorsed by only 34 percent of those polled. [01:38.700 --> 01:45.700] The Obama plan opposes the GOP's restructuring but notes future cuts will be needed to keep Medicare solvent. [01:45.700 --> 01:55.700] Obama has called for agreement on at least a framework by early summer, which roughly coincides with the deadline for raising the nation's debt ceiling. [01:55.700 --> 02:03.700] Critics say U.S. and NATO military intervention in Libya is an attempt by the West to establish a foothold in the Arab Spring, [02:03.700 --> 02:08.700] which saw the overthrow of Ben Ali in Tunisia and Hosni Mubarak in Egypt. [02:08.700 --> 02:16.700] Like Tunisia and Egypt, Gaddafi's regime consists of family rule through a police state financed by participation in Western markets. [02:16.700 --> 02:21.700] Critics point out the West was forced to intervene only when oil supplies were at risk. [02:21.700 --> 02:30.700] The Libyan democracy movement has refused Western intervention despite assertions to the contrary by the secretive, self-appointed Transitional National Council. [02:30.700 --> 02:37.700] Egypt's Al Aram newspaper asserts NATO intervention in Libya is to guarantee its economic and strategic interests, [02:37.700 --> 02:42.700] but above all to prevent cooperation between Tunisia, Libya and Egypt. [02:42.700 --> 03:02.700] Adding such cooperation between three democratic adjacent Arab countries would constitute an efficient means to struggle against imperialist strategy in the Arab world. [03:02.700 --> 03:12.700] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech talk radio at its best. [03:32.700 --> 03:58.700] All right, bad boys, bad boys, what are you going to do when we come for you here on the Rule of Law? [03:58.700 --> 04:06.700] This is ruleoflawradio.com. My name is Deborah Stevens. I'm here with co-hosts Eddie Craig and Randy Kelton. [04:06.700 --> 04:14.700] Tonight is Thursday, April 21st, and we have a very special guest for you all for a few minutes right at the top at the beginning of the show, [04:14.700 --> 04:19.700] Representative Boris Miles from the Texas House, Texas Legislature. [04:19.700 --> 04:29.700] He is the author of House Bill 1471, which I played the committee hearing in its entirety for you all on the air on Friday evening. [04:29.700 --> 04:34.700] And we now have the House rep with us who authored the bill. Representative Miles, thank you for joining us tonight. [04:34.700 --> 04:37.700] It's my pleasure. It's my pleasure to be with you all. [04:37.700 --> 04:40.700] Right. Well, we thank you very much for this bill. [04:40.700 --> 04:48.700] This is something we've wanted to see come to pass for a long time regarding upping the penalties for official oppression. [04:48.700 --> 04:56.700] And one thing I wanted you to comment on, if you know anything about this, concerning there is already a statute on the books for [04:56.700 --> 05:01.700] aggravated assault committed by a public servant, and it is a first degree felony. [05:01.700 --> 05:09.700] And that is law that is already on the books, and it has to do with a public servant acting under color of authority in the line of duty. [05:09.700 --> 05:17.700] Now, the prosecutor's office in Houston concerning this boy who was treacherously beaten for over a minute and a half, [05:17.700 --> 05:18.700] this 15-year-old boy. [05:18.700 --> 05:20.700] The boy's name is Holly. [05:20.700 --> 05:24.700] Holly, yes. Yes, his name is Holly. Sorry, I had forgotten his name. [05:24.700 --> 05:31.700] The prosecutor's office in Houston is saying that they're giving crocodile tears, in my opinion, saying we're so sorry. [05:31.700 --> 05:34.700] We can only charge him with official oppression. [05:34.700 --> 05:40.700] It's only a Class A misdemeanor, even though there is law on the books for aggravated assault committed by a public servant under color of law. [05:40.700 --> 05:43.700] So do you have any comments on this, Boris? [05:43.700 --> 05:50.700] Well, I do. I think that the DAs need to start using the full measure of what's in their tool chest. [05:50.700 --> 06:02.700] My bill was just another added tool in their tool chest so they can prosecute public servants who have done wrongdoing, prosecute them properly. [06:02.700 --> 06:07.700] Mine is a result of the DA saying she didn't have the proper tool to do that. [06:07.700 --> 06:13.700] So we made sure, after talking to her and her assistant and the police chief, we wanted to make sure that everything was in place. [06:13.700 --> 06:21.700] You know, the problem is the problem is semantic and it's bigger than just what's on the book. [06:21.700 --> 06:27.700] Because, as you know right now, we don't have a U.S. federal judge sitting in Beaumont. [06:27.700 --> 06:32.700] And if we wanted to file charges and the U.S. just decided to take charges, [06:32.700 --> 06:40.700] and there would be nobody there because there's a backlog right now of cases for the U.S. for this area, [06:40.700 --> 06:43.700] because nobody's going to point it to that bench here. [06:43.700 --> 06:46.700] Well, that's a bigger problem that I see that we need to address, [06:46.700 --> 06:52.700] as well as making sure that the DAs are taking not just cases that feel as comfortable as they can win, [06:52.700 --> 06:59.700] but cases that truly outline the punishment and the offense that's in place. [06:59.700 --> 07:03.700] Well, Representative Miles, on the aggravated assault statute, [07:03.700 --> 07:06.700] Randy and I have done some case history research on that. [07:06.700 --> 07:13.700] Are you aware that in Texas there has never been a single conviction against a police officer [07:13.700 --> 07:16.700] for aggravated assault in the line of duty? [07:16.700 --> 07:20.700] No, I was not aware of that, but it does not surprise me in this great state of ours we call Texas. [07:20.700 --> 07:23.700] I'm not, I'm not, I was not aware. [07:23.700 --> 07:25.700] Let me address the setting. [07:25.700 --> 07:26.700] Okay. [07:26.700 --> 07:36.700] Under 2202, paragraph BA 1 and 2, 2202 is assault, [07:36.700 --> 07:43.700] and if a person commits assault whilst displaying a deadly weapon or causes serious body injury, [07:43.700 --> 07:53.700] that's a second-degree felony unless the person is a public official acting under the color of his authority. [07:53.700 --> 08:01.700] Then it's a first-degree felony or if the assault is committed against a public official [08:01.700 --> 08:04.700] while the official is acting under his authority. [08:04.700 --> 08:15.700] Now, I did a Westlaw and a Lexis search for B-2 assault against a public official, [08:15.700 --> 08:18.700] and I got thousands of hits. [08:18.700 --> 08:25.700] I did a search on assault by a public official, and I got zero. [08:25.700 --> 08:27.700] Is that right? [08:27.700 --> 08:30.700] Understand how substantial that is. [08:30.700 --> 08:35.700] I know a guy here in Austin who's just kind of a local pain in the neck, [08:35.700 --> 08:37.700] and he files little suits here and there. [08:37.700 --> 08:44.700] I ran his name on Lexis and got every single suit he ever filed. [08:44.700 --> 08:50.700] This means never, ever has this statute ever been used. [08:50.700 --> 08:57.700] That prosecutor who told you that he could not use this statute lied like a dog. [08:57.700 --> 08:58.700] Absolutely. [08:58.700 --> 09:05.700] They understand, so let me make it very clear that they were telling me that based on the degree of the injuries to Sir Tad Holly, [09:05.700 --> 09:08.700] which they told me all he sustained was a pink eye. [09:08.700 --> 09:17.700] But if you review the tape, I'm sure Mr. Holly sustained more than the pink eye happened to be that he took. [09:17.700 --> 09:23.700] The statute says it doesn't make any difference if you commit simple assaults. [09:23.700 --> 09:32.700] The DA told me that they had to file those charges based on what the degree of the injuries were. [09:32.700 --> 09:35.700] The law does not cover the degree of the injury at all. [09:35.700 --> 09:42.700] The law simply states that if he is displaying a deadly weapon when he commits that assault, it becomes aggravated assault. [09:42.700 --> 09:44.700] Correct. [09:44.700 --> 09:51.700] That's what was told to me by the DA, and that's where we went from there as far as filing the legislation. [09:51.700 --> 10:03.700] Now Boris, did the Boris family, did Holly's family, Chad Holly's family come to you to ask you to pass this bill, 1471? [10:03.700 --> 10:05.700] Not at all. Not at all. [10:05.700 --> 10:14.700] This was a result of the community, the NWHCP, Dr. D.Z. Copeland, who was president of the NWHCP, Dr. James Douglas, [10:14.700 --> 10:20.700] who was point dean of the law school at Texas Southern University, community activist Quinell X, myself, [10:20.700 --> 10:24.700] and other community activists and people who have community interests. [10:24.700 --> 10:29.700] Once the tape was made public, this was our cry for back. [10:29.700 --> 10:34.700] And I have never, let me say, let me go on record right now saying I have never met the Holly's family. [10:34.700 --> 10:36.700] I've never met the young man. [10:36.700 --> 10:43.700] This was just as a result of our community crying out of what needed to be done and corrected by the wrongdoing of the police officer [10:43.700 --> 10:45.700] and the line of duty. [10:45.700 --> 10:47.700] And as a legislator, I'm not a community activist. [10:47.700 --> 10:52.700] I'm a legislator, and I've told many people I have to make sure that my job is to legislate, [10:52.700 --> 10:55.700] make sure that there's laws on the books that can take care of the problems that we have. [10:55.700 --> 10:58.700] And that's what I had to do, and that's why I filed those state legislations. [10:58.700 --> 11:04.700] Well, we really appreciate it, Representative Miles, and we sincerely hope that this bill will pass on the committee. [11:04.700 --> 11:05.700] I was there. [11:05.700 --> 11:09.700] I didn't speak on the bill, but I did put in an affidavit of support of the bill, [11:09.700 --> 11:12.700] and I'm sure you heard Eddie up there at the podium. [11:12.700 --> 11:13.700] Eddie was there. [11:13.700 --> 11:17.700] I'd like to have Eddie back on some other, as a matter of fact, [11:17.700 --> 11:20.700] we filed some other pieces of legislation in relationship to this, [11:20.700 --> 11:24.700] one being the transparency bill for complaints made against police officers, [11:24.700 --> 11:30.700] and the other being the community citizens review board with subpoena powers [11:30.700 --> 11:33.700] for police officers accused of wrongdoing. [11:33.700 --> 11:36.700] What are the numbers of those bills? [11:36.700 --> 11:39.700] I filed 30 pieces of legislation. [11:39.700 --> 11:41.700] I'm sorry that I don't have the numbers. [11:41.700 --> 11:42.700] That's fine. [11:42.700 --> 11:43.700] I don't have the numbers. [11:43.700 --> 11:44.700] If you want, I can get my staff in here. [11:44.700 --> 11:50.700] Again, I'm at a function right now downtown, but if you want, she's somewhere around, I can get those bills. [11:50.700 --> 11:55.700] We heard those last night in the Urban Affairs Committee with Chairman Harold Dudden, [11:55.700 --> 11:57.700] who is a criminal attorney. [11:57.700 --> 12:03.700] We had the police officers union there, of course, testifying against the legislation, [12:03.700 --> 12:07.700] but we kept on and pressed on, and the police officers union understood. [12:07.700 --> 12:12.700] I've got to give credit to Mr. Mark Clark, Officer Clark, who understands the nature [12:12.700 --> 12:16.700] and why we're filing these bills and the outcrossing of the community [12:16.700 --> 12:18.700] and why we're doing what we're doing. [12:18.700 --> 12:22.700] I'm happy with some of the actions of those particular police officers, [12:22.700 --> 12:26.700] and let me just say this. [12:26.700 --> 12:30.700] That representation of abuse and PD is not the representation of our entire body of officers, [12:30.700 --> 12:32.700] and we make that very clear. [12:32.700 --> 12:36.700] We have very good officers going to work every day to protect and serve this community, [12:36.700 --> 12:42.700] but unfortunately, when you have rogue officers that do public wrongdoing like they did, [12:42.700 --> 12:44.700] they must be punished and punished to the fullest degree, [12:44.700 --> 12:47.700] and we must put things in place to make sure that we hold them accountable, [12:47.700 --> 12:49.700] and that's what I'm trying to do. [12:49.700 --> 12:51.700] Absolutely. [12:51.700 --> 12:54.700] I applaud greatly for doing that. [12:54.700 --> 12:59.700] I travel all over the country, and I see policemen all around the country, [12:59.700 --> 13:04.700] and what I'm seeing in the last few years is very, very disturbing. [13:04.700 --> 13:09.700] I see a lot of policemen pumped up on steroids and addicted to adrenaline [13:09.700 --> 13:15.700] that seem to just be looking for a reason to exercise their authority against someone, [13:15.700 --> 13:22.700] and this kind of legislation will send a very clear message to them that we have had enough. [13:22.700 --> 13:28.700] Absolutely, and even if they're not going to try to charge these police officers [13:28.700 --> 13:31.700] or other public servants with aggravated assault, [13:31.700 --> 13:34.700] even though they very well could under the aggravated assault statute, [13:34.700 --> 13:38.700] at least now these prosecutors won't have any more excuse to say, [13:38.700 --> 13:45.700] oh, well, crocodiles here, all they can charge them with is a Class A misdemeanor. [13:45.700 --> 13:47.700] The part that concerns me is here in Texas, [13:47.700 --> 13:52.700] we also have open access to grand juries by the citizens here in Texas. [13:52.700 --> 13:58.700] One of the problems that we're encountering is the district attorney actually preventing access [13:58.700 --> 14:02.700] to the grand jury by the citizens to bring up these charges, [14:02.700 --> 14:06.700] or going into the grand jury behind the back of the citizen, [14:06.700 --> 14:08.700] making the report or the claim, [14:08.700 --> 14:15.700] and telling the grand jury they don't have the authority to investigate. [14:15.700 --> 14:20.700] And, Doris, you were starting to tell us some figures before Eddie started talking. [14:20.700 --> 14:25.700] The bill numbers are 1470 and 1772 for the other two bills. [14:25.700 --> 14:27.700] Okay, wonderful. Thank you. [14:27.700 --> 14:28.700] Okay. [14:28.700 --> 14:30.700] And those have not been heard in committee yet? [14:30.700 --> 14:31.700] Those were heard just last night. [14:31.700 --> 14:35.700] Oh, too bad. We didn't know or we would have gone to testify. [14:35.700 --> 14:36.700] Yeah. [14:36.700 --> 14:37.700] All right. [14:37.700 --> 14:43.700] Well, we will call your office so that we can get updated on any other bills for us to go testify. [14:43.700 --> 14:45.700] Let me say this to the three of you. [14:45.700 --> 14:52.700] Without systems like the three of you keeping issues on the front burner, [14:52.700 --> 14:56.700] making things, exposing the wrongdoing of the police officers, [14:56.700 --> 14:59.700] I love your theme, bad boys, bad boys, bad boys. [14:59.700 --> 15:06.700] I think you should, I mean, people like you is what makes the state of Texas great. [15:06.700 --> 15:09.700] I mean, we've got to make sure that there's transparency in the process, [15:09.700 --> 15:12.700] whether it's, you know, medical, whether it's law enforcement, [15:12.700 --> 15:13.700] whether it's public service. [15:13.700 --> 15:15.700] And you all do a great job. [15:15.700 --> 15:19.700] And I just wish more people could hear you and more people were tuned in. [15:19.700 --> 15:21.700] But keep doing it, keep the fight. [15:21.700 --> 15:24.700] As I was saying, Mom, I always say keep the fight, let's keep the fight. [15:24.700 --> 15:27.700] Because, you know, without this, I mean, just think, [15:27.700 --> 15:32.700] if the tape would not have been there on that particular cell storage facility [15:32.700 --> 15:39.700] where Chad Holly was, where they finally captured him, [15:39.700 --> 15:41.700] we would not know about this at all today. [15:41.700 --> 15:44.700] And unfortunately, these kind of things go on every day. [15:44.700 --> 15:48.700] Fortunately for this particular incident, for Chad Holly, that there was a tape, [15:48.700 --> 15:52.700] there was a tape running, and we were able to bring justice to. [15:52.700 --> 15:54.700] And as you know, the police officers are still fighting, [15:54.700 --> 15:57.700] the police officers are still fighting for their jobs back. [15:57.700 --> 15:58.700] Right. [15:58.700 --> 16:02.700] And I thought that it was very telling on the part of the committee chairman [16:02.700 --> 16:06.700] at the committee hearing that he poignantly noted that there's a difference [16:06.700 --> 16:11.700] between administrative repercussions or consequences like losing your job [16:11.700 --> 16:13.700] and somebody breaking the law. [16:13.700 --> 16:17.700] And to me, this is not what I would qualify police brutality. [16:17.700 --> 16:19.700] This is aggravated assault. [16:19.700 --> 16:21.700] We just got to call it for what it is. [16:21.700 --> 16:26.700] It's aggravated assault and wrongdoing on the police officers' side. [16:26.700 --> 16:30.700] And again, I had a conversation with the union president Mark Clark last night [16:30.700 --> 16:34.700] after we testified, opposed each other on the other two bills. [16:34.700 --> 16:38.700] He and I sat down and broke bread, and we agreed on some things. [16:38.700 --> 16:40.700] We agreed to disagree respectfully. [16:40.700 --> 16:43.700] But one of the things I got to say that he did go on the line to say is [16:43.700 --> 16:47.700] he wanted to work with me in building the bridge back. [16:47.700 --> 16:49.700] And that's the most important thing, [16:49.700 --> 16:52.700] the back of the people that, of the police officers, [16:52.700 --> 16:54.700] for the people in the community. [16:54.700 --> 16:55.700] Absolutely. [16:55.700 --> 16:57.700] Because without that, the system doesn't work. [16:57.700 --> 17:00.700] If we don't have confidence on police officers. [17:00.700 --> 17:03.700] Capital Coin and Bullion is your local source for rare coins, [17:03.700 --> 17:07.700] precious metals, and coin supplies in the Austin metro area. [17:07.700 --> 17:09.700] We also ship worldwide. 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[18:51.700 --> 19:11.700] Or email michaelmears at yahoo.com to learn how to stop debt collectors now. [19:11.700 --> 19:21.700] For more information, please visit ruleoflawradio.com. [19:41.700 --> 19:56.700] Thank you. [19:56.700 --> 20:21.700] Okay, we are back. [20:21.700 --> 20:23.700] Representative Boris Miles had to run. [20:23.700 --> 20:27.700] He will join us again next week and he gave us some very sweet words [20:27.700 --> 20:30.700] thanking us for what we're doing and we thank him for what he's doing. [20:30.700 --> 20:35.700] We're all in this together and we certainly are glad that he has filed this bill [20:35.700 --> 20:37.700] because now the prosecutor has no excuse. [20:37.700 --> 20:41.700] Personally, I've said my story and I'm sticking to it, [20:41.700 --> 20:45.700] and that is I believe we need the return of private prosecution. [20:45.700 --> 20:50.700] We discussed that remedy and some other minor changes that could be made [20:50.700 --> 20:56.700] to the Code of Criminal Procedure and the Penal Code during the after hours hour on Friday. [20:56.700 --> 20:59.700] So folks, if you all didn't catch that, you can download the archive. [20:59.700 --> 21:02.700] I think we need private prosecution. [21:02.700 --> 21:08.700] I think we need some measure on the books to return to private prosecution [21:08.700 --> 21:14.700] to prevent this madness because we can just keep adding more and more penalties on the books [21:14.700 --> 21:21.700] and keep trying to circumvent the prosecutor's weaseling techniques of trying to weasel out [21:21.700 --> 21:28.700] of prosecuting the police and not to denigrate Representative Miles' efforts by any means. [21:28.700 --> 21:32.700] We absolutely do need that law on the books, but seriously folks, [21:32.700 --> 21:35.700] we've got to be able to take matters into our own hands. [21:35.700 --> 21:40.700] It just goes back to the basic libertarian principle of free market and competition. [21:40.700 --> 21:46.700] Whenever you have a monopoly, whenever there is no competition, you get a bad service, [21:46.700 --> 21:50.700] a bad quality product for a very high price. [21:50.700 --> 21:52.700] That's just the way the market works. [21:52.700 --> 21:59.700] And right now there is no competition in place regarding prosecutions. [21:59.700 --> 22:02.700] The prosecutor has a monopoly on that, and so that's got to change. [22:02.700 --> 22:04.700] That's my story and I'm sticking with it. [22:04.700 --> 22:11.700] And Eddie, you have comments on this issue, on this House Bill 1471? [22:11.700 --> 22:14.700] Yes, like I say, I testified for this bill, [22:14.700 --> 22:20.700] but I did raise the issue during the testimony before the Committee as to, [22:20.700 --> 22:26.700] though the bill is appreciated in its attempts to help with the level of punishment [22:26.700 --> 22:32.700] that is merited by the acts involved, we still have the issue of who's going to do it. [22:32.700 --> 22:38.700] We know the prosecuting attorneys sit on these charges for the sole purpose [22:38.700 --> 22:42.700] of wrangling a case in their favor at a later date. [22:42.700 --> 22:47.700] They'll get a cop that will testify the way they want them to testify at a particular trial, [22:47.700 --> 22:50.700] help them with information or to cover up a suit in another trial [22:50.700 --> 22:57.700] when some important official's kid gets on the hook with a DUI or something of that nature. [22:57.700 --> 23:02.700] And this prosecutor will call in these markers for not having prosecuted these officers [23:02.700 --> 23:04.700] over these types of cases. [23:04.700 --> 23:07.700] It's a buy and sell system. [23:07.700 --> 23:09.700] This is what we need the public to understand. [23:09.700 --> 23:12.700] This is what we need the legislators to understand. [23:12.700 --> 23:16.700] This is why we need to have access to the grand jury, [23:16.700 --> 23:22.700] why we do not want or need to go through a prosecuting attorney. [23:22.700 --> 23:25.700] It's not in his best interest to prosecute these cases [23:25.700 --> 23:35.700] because it takes away a lot of the cards he uses to fix his other cases. [23:35.700 --> 23:36.700] Absolutely. [23:36.700 --> 23:38.700] Randy, do you have comments? [23:38.700 --> 23:40.700] Yes, I do. [23:40.700 --> 23:47.700] There's something I would like to see, and it's not exactly legislation. [23:47.700 --> 23:58.700] One thing the courts do is interpret the intent of the legislature when they pass bills. [23:58.700 --> 24:12.700] I had asked a representative once before if he could ask the legislature to publish a statement of intent. [24:12.700 --> 24:18.700] When they pass these laws and they don't specify what their intent of the law is, [24:18.700 --> 24:22.700] I would like to see the legislature state that specifically [24:22.700 --> 24:30.700] so that we don't have a bunch of judges making up what they want to believe the legislature's intended. [24:30.700 --> 24:37.700] And as to how to end a lot of these problems with the police, [24:37.700 --> 24:41.700] there is a very simple solution. [24:41.700 --> 24:45.700] It's not immediately obvious. [24:45.700 --> 24:52.700] This requirement that when a person is arrested, with or without a warrant, [24:52.700 --> 24:58.700] that they be taken directly to the nearest magistrate [24:58.700 --> 25:08.700] is the singular most effective tool we could have to eliminate this rift between the public and the police. [25:08.700 --> 25:12.700] If a policeman knows that if he arrests someone, [25:12.700 --> 25:16.700] he's not going to be able to take him down and throw him in jail [25:16.700 --> 25:21.700] and then get together with his buddies and come up with a bunch of tested lies to tell, [25:21.700 --> 25:27.700] that he's going to have to go straight to a magistrate and explain himself. [25:27.700 --> 25:35.700] A lot of this garbage will simply go away of its own accord without a lot of extra legislation. [25:35.700 --> 25:47.700] And if the legislature would draft a statement of intent concerning Article 2.03 Code of Criminal Procedure [25:47.700 --> 25:55.700] and make it abundantly clear that in the case of a criminal accusation against a public official, [25:55.700 --> 26:03.700] the prosecuting attorney is absolutely without discretion of any kind, [26:03.700 --> 26:08.700] he must present to the grand jury. [26:08.700 --> 26:15.700] Those two changes would change the underlying basis of how everything is done. [26:15.700 --> 26:21.700] And it would eliminate much of the prosecutor's control over the prosecutions, [26:21.700 --> 26:26.700] and especially his control over the police officers. [26:26.700 --> 26:34.700] So, barring that, you and I, we need to start hammering grand jurors. [26:34.700 --> 26:39.700] Even without legislative change, we can still fix this. [26:39.700 --> 26:46.700] That's my story, and I'm sticking to it. [26:46.700 --> 26:49.700] All right, folks. Well, we've got open phone lines. [26:49.700 --> 26:54.700] Folks, if y'all would like to call in, 512-646-1984. [26:54.700 --> 26:59.700] We've had guests, and we've been playing audio clips for the last week or so. [26:59.700 --> 27:02.700] So, folks, I'm sure you've got a lot of questions out there [27:02.700 --> 27:09.700] that you've been saving up to call on in 512-646-1984. [27:09.700 --> 27:15.700] Now, in the meantime, Randy, you said you wanted to discuss some legislation also? [27:15.700 --> 27:20.700] Well, that was essentially the legislation that I wanted to discuss. [27:20.700 --> 27:26.700] There are, as to the real estate issue that I'm engaged in, [27:26.700 --> 27:29.700] there was a lot happening there. [27:29.700 --> 27:35.700] Back in November of last year, or back early in last year, [27:35.700 --> 27:38.700] we were talking about the coming election, [27:38.700 --> 27:43.700] and we were saying that the House of Representatives, [27:43.700 --> 27:46.700] all of them were up for reelection, [27:46.700 --> 27:52.700] and they're going into the election with their lowest approval rating ever, 11%. [27:52.700 --> 27:54.700] So they needed a scapegoat. [27:54.700 --> 28:01.700] They needed someone to sacrifice to the public to get people to vote for them. [28:01.700 --> 28:04.700] And the only one we could see available was the lenders, [28:04.700 --> 28:08.700] so we expected them to throw the lenders to the wolves, [28:08.700 --> 28:11.700] and we intended to be the wolves. [28:11.700 --> 28:16.700] What we didn't expect is for the legislature to throw them under the bus [28:16.700 --> 28:19.700] and run over them a couple of times first, [28:19.700 --> 28:23.700] and that seems to be exactly what's happening. [28:23.700 --> 28:31.700] Every attorney general in the country has a major investigation going on against the banks. [28:31.700 --> 28:38.700] Every regulatory agency, now that the attorney generals and the public are up in arms, [28:38.700 --> 28:46.700] now the regulatory agencies that were absolutely nonexistent before this and allowed this to occur, [28:46.700 --> 28:53.700] now all of a sudden they're up waving their arms, jumping up and down in righteous indignation. [28:53.700 --> 28:56.700] It's a bit late, but at least they're there, [28:56.700 --> 29:00.700] and at least we're beginning to get some remedy. [29:00.700 --> 29:04.700] Anybody out there who has been foreclosed on, [29:04.700 --> 29:09.700] if they've already foreclosed on you and taken your house, [29:09.700 --> 29:14.700] you've still got a major shot at these guys. [29:14.700 --> 29:22.700] Back about four months ago, Bank of America stopped all foreclosures to get their paperwork right. [29:22.700 --> 29:33.700] What that said was all of the several million foreclosures prior to that had the paperwork wrong. [29:33.700 --> 29:43.700] And then Sunday before last, there was a 60 Minutes program that we'll talk about when we come back on the other side [29:43.700 --> 29:49.700] that has really opened the floodgates on these banks and foreclosure bills. [29:49.700 --> 29:52.700] This is Randy Kelton, David Stevens, Eddie Craig. [29:52.700 --> 29:54.700] Radio, phone lines are open. [29:54.700 --> 29:59.700] 512-646-1984. [29:59.700 --> 30:03.700] I lost my son, my nephew, my uncle, my son on September 11, 2001. [30:03.700 --> 30:07.700] Most people don't know that a third tower fell on September 11. [30:07.700 --> 30:11.700] World Trade Center 7, a 47-story skyscraper, was not hit by a plane. [30:11.700 --> 30:15.700] Although the official explanation is that fire brought down Building 7, [30:15.700 --> 30:19.700] over 1,200 architects and engineers have looked into the evidence [30:19.700 --> 30:21.700] and believe there is more to the story. [30:21.700 --> 30:24.700] Bring justice to my son, my uncle, my nephew, my son. [30:24.700 --> 30:30.700] Go to buildingwatt.org. Why it fell, why it matters, and what you can do. [30:30.700 --> 30:33.700] Weed, ganja, Mary Jane. [30:33.700 --> 30:37.700] marijuana has inspired dozens of nicknames and even more legislation. [30:37.700 --> 30:42.700] But Massachusetts takes the prize when it comes to dopey laws for wacky to backy. [30:42.700 --> 30:46.700] I'm Dr. Catherine Albrecht, and I'll tell you more in just a moment. [30:46.700 --> 30:48.700] Privacy is under attack. [30:48.700 --> 30:51.700] When you give up data about yourself, you'll never get it back again. [30:51.700 --> 30:56.700] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [30:56.700 --> 31:01.700] So protect your rights, say no to surveillance, and keep your information to yourself. [31:01.700 --> 31:04.700] Privacy, it's worth hanging on to. [31:04.700 --> 31:07.700] This public service announcement is brought to you by StartPage.com, [31:07.700 --> 31:11.700] the private search engine alternative to Google, Yahoo, and VIN. [31:11.700 --> 31:15.700] Start over with StartPage. [31:15.700 --> 31:19.700] Casual marijuana users were overwhelming Massachusetts courts and jails. [31:19.700 --> 31:23.700] Even first timers caught with a joint faced up to six months in jail. [31:23.700 --> 31:28.700] So state legislators passed a law making possession of less than an ounce of pot a civil offense. [31:28.700 --> 31:31.700] For adults, that's about the level of a parking violation. [31:31.700 --> 31:35.700] An officer can write you a $100 ticket, but that's when the crazy part kicks in. [31:35.700 --> 31:40.700] Lawmakers wrote a clause saying there's no penalty for offenders who choose not to pay. [31:40.700 --> 31:43.700] So potheads just tear up the tickets and smoke on. [31:43.700 --> 31:45.700] But before you light up, be forewarned. [31:45.700 --> 31:48.700] Some municipalities aren't happy with the state's smoke screen. [31:48.700 --> 31:53.700] Towns like Rockland and Natick have since instituted serious penalties and fines. [31:53.700 --> 31:59.700] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [31:59.700 --> 32:22.700] Music. [32:22.700 --> 32:44.700] When you're going to stop abuse, feel power. [32:44.700 --> 32:52.700] So please Mr. McAuliffe teach officers not to abuse their power. [32:52.700 --> 32:57.700] Send a request to the leader to cast him off as officer. [32:57.700 --> 33:02.700] Tell them to uphold the law and please don't abuse their power. [33:02.700 --> 33:08.700] They beat and they beat and they cheat and they cheat and they lie every hour. [33:08.700 --> 33:13.700] So Mr. Officer, please stop abusing your power. [33:13.700 --> 33:27.700] Music. [33:27.700 --> 33:28.700] Okay, we're back. [33:28.700 --> 33:32.700] Randy Pelton, Debbie Steen, Teddy Craig with Law Radio. [33:32.700 --> 33:38.700] Chad, Joseph, I see you on the board and we will take your calls here shortly. [33:38.700 --> 33:43.700] I was talking about a program on 60 Minutes about foreclosures. [33:43.700 --> 33:51.700] It seems that someone foreclosed on this attorney in Florida. [33:51.700 --> 33:56.700] And she went to court and demanded all the paperwork and they couldn't find it. [33:56.700 --> 33:58.700] The paperwork was lost. [33:58.700 --> 34:02.700] And she fought the foreclosure a year later. [34:02.700 --> 34:05.700] All of a sudden they found the paperwork. [34:05.700 --> 34:08.700] It was wonderful, it was just glorious. [34:08.700 --> 34:14.700] Problem, this particular lawyer was an expert in forged documents. [34:14.700 --> 34:19.700] She trained FBI agents on how to detect forged documents. [34:19.700 --> 34:26.700] But apparently in this case it didn't take an expert as when she began to research, [34:26.700 --> 34:34.700] she found that the person who had signed her documents was very prolific. [34:34.700 --> 34:38.700] She had signed thousands of documents. [34:38.700 --> 34:44.700] And I guess she figured that she signed so many documents that she must have changed hands [34:44.700 --> 34:51.700] because the handwriting style kept changing. [34:51.700 --> 34:57.700] She did some research and found a company called DOX in Georgia. [34:57.700 --> 35:02.700] And this company hired people to forge documents. [35:02.700 --> 35:11.700] They were required to forge 360 mortgage documents an hour. [35:11.700 --> 35:15.700] They used the name Linda Green. [35:15.700 --> 35:17.700] They only mentioned Linda Green in this program, [35:17.700 --> 35:25.700] but Linda Green is not the only robo-signer of this type that's floating around in all of these loan doctrines. [35:25.700 --> 35:31.700] When I mentioned earlier that if you've already been foreclosed on, [35:31.700 --> 35:38.700] you might want to look at your paperwork because the lenders have, [35:38.700 --> 35:46.700] when they were in this glut of fast money in real estate, [35:46.700 --> 35:51.700] they were making so much money so fast they didn't keep up with all the paperwork. [35:51.700 --> 35:55.700] They filed their documents with MERS, [35:55.700 --> 36:01.700] scanned the documents into their system, then destroyed the originals. [36:01.700 --> 36:04.700] So they don't have them anymore. [36:04.700 --> 36:08.700] But now when they're moving through foreclosure, people are asking for the originals. [36:08.700 --> 36:11.700] Banks can't come up with them. [36:11.700 --> 36:20.700] So they went to these forgery mills and had these companies forge them all the documents that they needed. [36:20.700 --> 36:22.700] Now the sky's falling in on them. [36:22.700 --> 36:28.700] So if you have been foreclosed on in the last five or ten years, [36:28.700 --> 36:32.700] you might want to get your paperwork and have a look at it. [36:32.700 --> 36:39.700] This is a very good chance you can go back and sue the lender for everything you lost. [36:39.700 --> 36:41.700] And then some. [36:41.700 --> 36:44.700] As a matter of fact, it did quite a bit. [36:44.700 --> 36:48.700] If you haven't seen this program, just go to 60 Minutes. [36:48.700 --> 36:52.700] Do you remember the name of the day? [36:52.700 --> 36:55.700] Are you talking about the movie that came out with? [36:55.700 --> 37:02.700] No, the 60 Minutes program, I think it was either two or three weeks ago on a Sunday. [37:02.700 --> 37:06.700] Just do a search for 60 Minutes Foreclosure. [37:06.700 --> 37:08.700] You'll get a hit on this thing. [37:08.700 --> 37:17.700] You will be astounded at the level of absolute, incredible arrogance of these people. [37:17.700 --> 37:20.700] They absolutely believe they could do anything. [37:20.700 --> 37:30.700] And I sat here and watched people on national television admitting that they signed all of these documents. [37:30.700 --> 37:34.700] And I was thinking, are you out of your mind? [37:34.700 --> 37:39.700] You can spend the rest of your life in a federal penitentiary for that. [37:39.700 --> 37:47.700] Just one day, one hour's worth of signing, 360 major felony forgeries. [37:47.700 --> 37:50.700] They've got to be nuts. [37:50.700 --> 37:53.700] But anyway, okay, we're going to go to callers. [37:53.700 --> 37:56.700] Let's go to Chad in Texas. [37:56.700 --> 37:59.700] Chad, you've got a question or a comment for us. [37:59.700 --> 38:01.700] Yeah, hey, guys. [38:01.700 --> 38:10.700] Do you know of any criminal cases or traffic since they consider that a criminal offense here in Texas for some reason? [38:10.700 --> 38:17.700] I don't know where they get off charging that as a crime when no one was injured. [38:17.700 --> 38:25.700] But that's not my issue with this or that's not what I'm attacking with. [38:25.700 --> 38:33.700] They didn't file an information with the complaint as required by the Constitution, Article 5, Section 12B. [38:33.700 --> 38:36.700] And they didn't. [38:36.700 --> 38:51.700] So then I appealed from a J.P. court, the county court, and brought a motion to dismiss for lack of personal jurisdiction to the first hearing. [38:51.700 --> 38:52.700] I don't remember. [38:52.700 --> 38:53.700] It was an arraignment hearing or whatever. [38:53.700 --> 38:55.700] And the judge wouldn't hear it that day. [38:55.700 --> 38:57.700] He said it would have to be, you know, except for hearing. [38:57.700 --> 38:59.700] I said, well, all right then. [38:59.700 --> 39:04.700] That's the only thing I'm requesting is, you know, not a trial, just a hearing on this motion. [39:04.700 --> 39:10.700] And so I came back, and the prosecutor actually filed something that she said was an information. [39:10.700 --> 39:14.700] It didn't say information on it, on the document. [39:14.700 --> 39:22.700] But she said this is an information, and she had filed it with the court the day of the motion hearing. [39:22.700 --> 39:31.700] So the judge said, well, then, you know, most of what you have in this motion is now moot since the information has been filed. [39:31.700 --> 39:42.700] And I said, well, Article 2.05 of the Code of Criminal Procedure says that the attorney shall forthwith prepare an information and present it to the court. [39:42.700 --> 39:45.700] And he said, well, I don't think that's what it means. [39:45.700 --> 39:47.700] I said, excuse me? [39:47.700 --> 39:57.700] He said, well, I don't think there's – if you can show me some case law or something where it says that forthwith means immediately or right away, [39:57.700 --> 40:02.700] then I'll reconsider it, but until now I've dismissed the motion. [40:02.700 --> 40:07.700] I mean, forthwith, that seems pretty straightforward to me. [40:07.700 --> 40:14.700] You know, it was several months before she actually filed this thing that she's calling an information. [40:14.700 --> 40:20.700] So what do you – do you know of any cases, any of all – any cases where they – [40:20.700 --> 40:22.700] It'll be simple enough. [40:22.700 --> 40:26.700] Just go on the Internet, I'm sure, and just do forthwith. [40:26.700 --> 40:28.700] Matter of fact, I'm on it now. [40:28.700 --> 40:33.700] I'll have a look, but clearly forthwith means forthwith. [40:33.700 --> 40:34.700] I've seen it. [40:34.700 --> 40:39.700] I don't have it in my head immediately, but it means without unnecessary delay. [40:39.700 --> 40:44.700] Yeah, and I would think that six months is an unnecessary delay. [40:44.700 --> 40:55.700] You know, and you should file a judicial conduct complaint against the judge just for yucks, if nothing else. [40:55.700 --> 41:01.700] Well, I wasn't able – I looked in Texas jurisprudence, and I was able to find, you know, [41:01.700 --> 41:09.700] under the – in the index for words and phrases, forthwith, you know, saying forthwith means, you know, [41:09.700 --> 41:17.700] right away or without unnecessary or unreasonable delay, you know, in contract cases and different stuff. [41:17.700 --> 41:24.700] But I wasn't able to find anything that dealt specifically with traffic or even with criminals. [41:24.700 --> 41:30.700] Eddie, do you have blacks online? [41:30.700 --> 41:31.700] Yes, I do. [41:31.700 --> 41:33.700] Can you look it up in that? [41:33.700 --> 41:39.700] Sure. Hang on just a second. I'll pull it up. [41:39.700 --> 41:47.700] Yeah, I just did a search for legal meaning forthwith, legal definition of forthwith. [41:47.700 --> 41:50.700] Yeah, I have a black picture. [41:50.700 --> 41:58.700] A term found in contracts, court orders, and statutes meaning as soon as it can reasonably be done, [41:58.700 --> 42:05.700] it implies immediacy with no excuses for delay. [42:05.700 --> 42:06.700] Is that – [42:06.700 --> 42:09.700] The judge already knew that. [42:09.700 --> 42:14.700] Yeah, the judge wanted to play stupid. Unfortunately, it's not actually an act. [42:14.700 --> 42:20.700] So help him out, help educate him with a judicial conduct complaint. [42:20.700 --> 42:27.700] What additional black is that? Is that the first one? [42:27.700 --> 42:33.700] Okay, forthwith, black sixth edition, immediately, without delay, directly, [42:33.700 --> 42:39.700] within a reasonable time under the circumstances of the case, promptly and with reasonable dispatch, [42:39.700 --> 42:47.700] US X-Rail Carter V. Jennings. There's your case. [42:47.700 --> 42:49.700] US X-Rail? [42:49.700 --> 42:58.700] US X-Rail Carter V. Jennings, DCPA, that's the District Court of Pennsylvania, [42:58.700 --> 43:06.700] 333 Federal Supplement 1392, 1397. [43:06.700 --> 43:08.700] What year was that? [43:08.700 --> 43:13.700] Well, it doesn't have a year on it, so I don't know. [43:13.700 --> 43:15.700] Okay, well, I should be able to find it. [43:15.700 --> 43:21.700] This book is from 1994, I think it's when Black's Law 6 was published. [43:21.700 --> 43:26.700] It's from some time before then. [43:26.700 --> 43:35.700] Okay, because I got Black's Law 7th edition, and it doesn't have that. [43:35.700 --> 43:40.700] Well, I've got the 7th edition, too, but what do you mean it doesn't have that? [43:40.700 --> 43:49.700] I don't think. I'm looking for it again, but, okay, forthwith. [43:49.700 --> 43:52.700] Okay, we're about to go to break, and we'll pick this up on the other side. [43:52.700 --> 43:59.700] Randy Kelton, David Stevens, Eddie Craig, Lou LaRegio, we'll be right back. [43:59.700 --> 44:05.700] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, [44:05.700 --> 44:08.700] and neither is finding like-minded people to share it with. [44:08.700 --> 44:11.700] Oh, well, I guess you haven't heard of Brave New Books, then. [44:11.700 --> 44:12.700] Brave New Books? [44:12.700 --> 44:16.700] Yes, Brave New Books has all the books and DVDs you're looking for by authors [44:16.700 --> 44:19.700] like Alex Jones, Ron Paul, and G. Edward Griffin. [44:19.700 --> 44:23.700] They even stock inner food, Berkey products, and Calvin Soaps. [44:23.700 --> 44:25.700] There's no way a place like that exists. [44:25.700 --> 44:31.700] Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT. [44:31.700 --> 44:35.700] By UT, there's never anywhere to park down there. [44:35.700 --> 44:41.700] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility, [44:41.700 --> 44:43.700] just behind the bookstore. [44:43.700 --> 44:46.700] It does exist, but when are they open? [44:46.700 --> 44:51.700] Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays. [44:51.700 --> 45:00.700] So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com. [45:00.700 --> 45:05.700] At hempusa.org, we offer chemical-free products to people around the world, [45:05.700 --> 45:09.700] detoxifying, self-healing, while rebuilding the immune system. [45:09.700 --> 45:15.700] We urge our listeners to please consider our largest selling product, Micro Plant Powder. [45:15.700 --> 45:20.700] Our Micro Plant Powder is rich in silica and probiotics to help rebuild the immune system [45:20.700 --> 45:23.700] and to create a healthy stomach flora. [45:23.700 --> 45:28.700] Micro Plant Powder is excellent for daily intake and is perfect to add to your storage shelter. [45:28.700 --> 45:32.700] We urge our listeners to please visit us at hempusa.org. [45:32.700 --> 45:35.700] And remember, all of our products are chemical-free and healthy to eat. [45:35.700 --> 45:41.700] We constantly strive to give you the best service, highest quality, and rapid shipping anywhere. [45:41.700 --> 45:45.700] And we offer free shipping on orders over $95 in the U.S. [45:45.700 --> 45:51.700] Please visit us at hempusa.org or call 908-69-12608. [45:51.700 --> 45:54.700] That's 908-69-12608. [45:54.700 --> 45:59.700] What our powder, seeds, and oil can do for you at hempusa.org. [46:24.700 --> 46:39.700] All right, folks, we are back. [46:39.700 --> 46:42.700] We're looking at the case over the break. [46:42.700 --> 46:45.700] It's a 1971 case. [46:45.700 --> 46:48.700] Randy's shepherdizing it right now to see if it's been overturned. [46:48.700 --> 46:50.700] Likely it has not been. [46:50.700 --> 46:54.700] It shows good treatment, so it's a good case. [46:54.700 --> 46:55.700] Good, good. [46:55.700 --> 46:57.700] And Chad, you can look that up on PACER. [46:57.700 --> 47:00.700] Any federal case you can find on PACER if you know the name of the case. [47:00.700 --> 47:05.700] If you know the name of one of the parties involved or if you know the name of the attorney, [47:05.700 --> 47:07.700] you can find a case on PACER. [47:07.700 --> 47:10.700] PACER, what's the website? [47:10.700 --> 47:14.700] PACER is, I don't have the full website. [47:14.700 --> 47:17.700] Just look up PACER case locator. [47:17.700 --> 47:18.700] It's a government website. [47:18.700 --> 47:23.700] You have to subscribe to it, and it costs money to pull documents down, [47:23.700 --> 47:27.700] but it's well worth it, and it's not very expensive. [47:27.700 --> 47:30.700] It costs like 8 cents a page. [47:30.700 --> 47:32.700] Yeah, it's like 8 cents a page or something. [47:32.700 --> 47:34.700] So you've got to be careful doing research on PACER, [47:34.700 --> 47:38.700] or else you get hit with a bill for like 200, 300 bucks at the end of the quarter. [47:38.700 --> 47:40.700] They bill quarterly. [47:40.700 --> 47:42.700] It doesn't cost you to look at pages. [47:42.700 --> 47:44.700] It only costs you to download them. [47:44.700 --> 47:46.700] That's not what I found. [47:46.700 --> 47:50.700] They consider looking at the case and downloading is the same thing [47:50.700 --> 47:52.700] because it opens up a PDF. [47:52.700 --> 47:54.700] They've changed. [47:54.700 --> 48:00.700] I do a lot of research on PACER all the time, and some documents you can't. [48:00.700 --> 48:01.700] There's buttons to view. [48:01.700 --> 48:03.700] There's buttons to download. [48:03.700 --> 48:08.700] They charge you the same, and some documents there's no option for download. [48:08.700 --> 48:14.700] See, the downloading is when they zip everything up, including the exhibit in a zipped file, [48:14.700 --> 48:18.700] and that way you don't have to view each document individually [48:18.700 --> 48:24.700] because once you view the document, it opens it up in a PDF plug-in in your browser, [48:24.700 --> 48:26.700] and then all you have to do is hit the Save button. [48:26.700 --> 48:31.700] That's why they charge you to view the documents because once you view it, you've got it. [48:31.700 --> 48:36.700] Yeah, they charge for everything on PACER, so you've got to be careful. [48:36.700 --> 48:40.700] But it's not that big of a deal, really. [48:40.700 --> 48:42.700] Okay. [48:42.700 --> 48:44.700] Yeah, I found in... [48:44.700 --> 48:48.700] Do you all ever use Texas Jurisprudence for this? [48:48.700 --> 48:54.700] They've got the whole set of books in the library and in the UT Blaster Law Library. [48:54.700 --> 48:58.700] That's a good resource for Texas case law. [48:58.700 --> 49:02.700] And I found in there, under Contracts, it does not mean immediately, [49:02.700 --> 49:07.700] but rather as soon as the required task may reasonably be performed with diligent exertion [49:07.700 --> 49:10.700] in the Texas Cali Joint Venture. [49:10.700 --> 49:14.700] But in pretrial procedure, the term forthwith, [49:14.700 --> 49:18.700] as used in court order requiring payment of discovery sanctions, [49:18.700 --> 49:22.700] forthwith means immediately, without delay, directly, within reasonable time [49:22.700 --> 49:28.700] under circumstances of case, promptly and with reasonable dispatch. [49:28.700 --> 49:31.700] So if they want you to pay sanctions, they expect it immediately, [49:31.700 --> 49:35.700] but for them to do what they're supposed to do, [49:35.700 --> 49:40.700] they don't have to do it immediately, according to the judge? [49:40.700 --> 49:43.700] I mean, why that double standard, you know? [49:43.700 --> 49:46.700] Well, because it's a double standard. [49:46.700 --> 49:49.700] It benefits them and not us, haven't you heard? [49:49.700 --> 49:50.700] Yeah. [49:50.700 --> 49:53.700] The point being that they have a duty under the law to do certain things [49:53.700 --> 49:55.700] within a timely manner. [49:55.700 --> 49:57.700] This is one of them. [49:57.700 --> 50:02.700] And if they insist on pressing it otherwise, then continuously object to it [50:02.700 --> 50:07.700] and move for sanctions against the judge with a judicial conduct complaint [50:07.700 --> 50:11.700] for failure to abide by law and the right of due process. [50:11.700 --> 50:13.700] Barred reasons against the attorney. [50:13.700 --> 50:14.700] Yeah. [50:14.700 --> 50:20.700] The problem here is that you have the right in order to challenge the complaint [50:20.700 --> 50:24.700] and any charging instrument based upon that complaint. [50:24.700 --> 50:31.700] You have a right to have a copy of that so that you can challenge its content and form as necessary. [50:31.700 --> 50:37.700] Handing it to you at trial is not an opportunity to challenge. [50:37.700 --> 50:40.700] And a complaint is not a charging instrument. [50:40.700 --> 50:42.700] It's an accusation. [50:42.700 --> 50:44.700] An indictment or information is a charging instrument. [50:44.700 --> 50:45.700] Correct. [50:45.700 --> 50:46.700] Exactly. [50:46.700 --> 50:50.700] So the court got as far as it got without jurisdiction [50:50.700 --> 50:54.700] because there was no proper charging instrument before the court in the first place. [50:54.700 --> 50:58.700] And charged the judge with official oppression. [50:58.700 --> 51:01.700] If a public official, acting on the call of his authority, [51:01.700 --> 51:05.700] fails to perform the duty he is required to perform [51:05.700 --> 51:09.700] or exerts or purports to exert an authority he does not express or have [51:09.700 --> 51:12.700] and in the process denies the citizen the full access to enjoyment [51:12.700 --> 51:16.700] right that's a class A misdemeanor in Texas. [51:16.700 --> 51:17.700] Okay. [51:17.700 --> 51:21.700] You had a right to this information by statute. [51:21.700 --> 51:23.700] They denied it. [51:23.700 --> 51:27.700] Charges the judge with official oppression. [51:27.700 --> 51:30.700] That would get his attention. [51:30.700 --> 51:31.700] Okay. [51:31.700 --> 51:37.700] And how do they figure that what they call speeding [51:37.700 --> 51:42.700] or traveling at whatever rate of velocity is a crime? [51:42.700 --> 51:46.700] I mean, how is that a crime? [51:46.700 --> 51:49.700] It is if you are in commerce. [51:49.700 --> 51:51.700] It's a crime statutorily. [51:51.700 --> 51:57.700] And the state has stated that if you violate a statutory requirement, [51:57.700 --> 52:02.700] the state is the injured party. [52:02.700 --> 52:05.700] And that's in statute. [52:05.700 --> 52:07.700] You're not in the common law. [52:07.700 --> 52:11.700] You're in the statutory law if you're in commerce. [52:11.700 --> 52:14.700] If you're not in commerce, you're in the common law. [52:14.700 --> 52:16.700] And if you're not in commerce, [52:16.700 --> 52:22.700] then the Texas Transportation Code doesn't apply to any of your activities anyway. [52:22.700 --> 52:26.700] Well, I did file a motion to dismiss for lack of subject matter jurisdiction [52:26.700 --> 52:29.700] and disclaimed any, you know, [52:29.700 --> 52:34.700] I stated that I was not involved in commerce at the time in question [52:34.700 --> 52:40.700] and the attorney for the state did not present any evidence to counter that statement. [52:40.700 --> 52:46.700] So I don't see why they can just skip over that either. [52:46.700 --> 52:52.700] Because they're corrupt, that's why we're not kicking their legal teeth out. [52:52.700 --> 52:56.700] We're not taking them to legal task every time they step across the line. [52:56.700 --> 53:04.700] Now, they're taking us to task, but we're not returning the favor, and we need to. [53:04.700 --> 53:06.700] Eddie's doing that pretty good here in Austin, [53:06.700 --> 53:12.700] and they're changing practices and policies pretty quick. [53:12.700 --> 53:18.700] If we get a dozen Eddies working on Austin, they'll get it straight. [53:18.700 --> 53:22.700] Yeah, hopefully not before we can sue the crap out of them for it, though. [53:22.700 --> 53:26.700] That'll be the fun part. [53:26.700 --> 53:33.700] I am in the process of putting together my bar grievance site. [53:33.700 --> 53:36.700] As a matter of fact, I was working on that earlier this evening, [53:36.700 --> 53:43.700] and we're designing it so that when you fill out the bar grievance, [53:43.700 --> 53:48.700] the bar grievance site will interact with a malpractice suit site, [53:48.700 --> 53:52.700] that as you enter the bar grievance accusations, [53:52.700 --> 53:58.700] it will reflect those to causes of action under malpractice. [53:58.700 --> 54:02.700] We'll start making malpractice suits available. [54:02.700 --> 54:08.700] That'll really get their attention. [54:08.700 --> 54:11.700] So we're going to make it hot for them. [54:11.700 --> 54:16.700] All right, well, I'm going to keep going with it, [54:16.700 --> 54:20.700] so I'll let you know how it turns out and let you all get on to other colors now. [54:20.700 --> 54:21.700] All right, thank you, Chad. [54:21.700 --> 54:22.700] All right, good luck. [54:22.700 --> 54:29.700] Just one thing about that, don't have too much fun with it. [54:29.700 --> 54:31.700] Why not? [54:31.700 --> 54:35.700] You might get to like it, and you'll go looking for trouble. [54:35.700 --> 54:36.700] All right, thanks, Chad. [54:36.700 --> 54:37.700] Okay, thanks all. [54:37.700 --> 54:40.700] Okay, all right, we're going to go now to Joseph in Mississippi. [54:40.700 --> 54:42.700] Joseph, thank you for calling in. [54:42.700 --> 54:45.700] What is your question or comment tonight? [54:45.700 --> 54:49.700] Oh, I just wanted to say hi. [54:49.700 --> 54:54.700] I called Randy a few years ago, back in 2008, [54:54.700 --> 54:58.700] and he told me to read the law, read it twice, [54:58.700 --> 55:00.700] look for all those little gemstones, [55:00.700 --> 55:04.700] and it's been working out really well, man. [55:04.700 --> 55:07.700] I'm in the process of going into appeal now. [55:07.700 --> 55:11.700] I found out the municipal courts here, they're not court of records. [55:11.700 --> 55:13.700] They don't even have rules of procedure. [55:13.700 --> 55:16.700] It took me a little while to figure that out. [55:16.700 --> 55:21.700] And just appealing from those, you just get a brand new trial. [55:21.700 --> 55:23.700] Trial de novo because it's... [55:23.700 --> 55:25.700] You're in conflict with each other, huh? [55:25.700 --> 55:29.700] Yeah, well, no, you're probably in an area where there's no court of record, [55:29.700 --> 55:31.700] and so when there's no court of record, [55:31.700 --> 55:33.700] when you go to appeal you get a trial de novo. [55:33.700 --> 55:35.700] That's pretty standard. [55:35.700 --> 55:38.700] Yeah, yeah, it's kind of interesting. [55:38.700 --> 55:39.700] Just found that out. [55:39.700 --> 55:43.700] But the curious thing about the situation here is that there's no rules [55:43.700 --> 55:46.700] of procedure in the municipal court. [55:46.700 --> 55:51.700] There's a conflict in the appeals procedures between the statutes [55:51.700 --> 55:55.700] and rules of procedure for the county and circuit courts here. [55:55.700 --> 55:58.700] It's pretty interesting. [55:58.700 --> 56:02.700] On top of that, I've been able to try and get the oath of office [56:02.700 --> 56:07.700] for police officers and stuff, and that's been quite interesting, too. [56:07.700 --> 56:10.700] Yeah, they don't like to give that up. [56:10.700 --> 56:12.700] Yeah, well, it was interesting. [56:12.700 --> 56:15.700] I filed a written request to inspect the oath, [56:15.700 --> 56:20.700] and I get a police officer wanting to fulfill the request, [56:20.700 --> 56:24.700] and such a request is really supposed to be fulfilled by a clerk, [56:24.700 --> 56:28.700] but by law it's supposed to have them keep those records for the officers [56:28.700 --> 56:35.700] to even be able to enter into the duty of their office or whatever. [56:35.700 --> 56:40.700] So I found out pretty much that all the oaths have not been in the clerk's office [56:40.700 --> 56:47.700] or in the control of the clerk for quite a long time, apparently. [56:47.700 --> 56:55.700] Now, is there any statute that makes the oath secret? [56:55.700 --> 56:57.700] No. [56:57.700 --> 57:00.700] No, this is the constitutionally required oath. [57:00.700 --> 57:02.700] It can't be made secret. [57:02.700 --> 57:05.700] This is Mississippi. [57:05.700 --> 57:07.700] Those are hillbillies in Mississippi. [57:07.700 --> 57:13.700] You never know what hillbillies are going to do. [57:13.700 --> 57:14.700] I'm from Tennessee. [57:14.700 --> 57:15.700] I ought to know. [57:15.700 --> 57:21.700] But, you know, the reason I said that was certainly they are not secret. [57:21.700 --> 57:26.700] If you ask the clerk for it and she doesn't give it to you, [57:26.700 --> 57:31.700] if it's me, that always gets a 911 call, [57:31.700 --> 57:36.700] and you haven't lived until you call the police on one of the public officials, [57:36.700 --> 57:41.700] and then the public official has to watch you and the police argue back and forth [57:41.700 --> 57:45.700] about whether or not he's going to arrest this official. [57:45.700 --> 57:51.700] That has a way of really getting their attention. [57:51.700 --> 57:55.700] Well, I wound up, what I did is I called the, [57:55.700 --> 57:58.700] it was an administrator, a major in the police department. [57:58.700 --> 58:01.700] I wound up calling him back, and I got his answering machine, [58:01.700 --> 58:06.700] and I just told him that he got the whole records request in error, [58:06.700 --> 58:08.700] and he should either ignore it or send it back to the clerk, [58:08.700 --> 58:12.700] and I'll just go to City Hall and take care of it. [58:12.700 --> 58:14.700] Anyway, it was just like last weekend. [58:14.700 --> 58:17.700] I found out they were all up at the police academy, [58:17.700 --> 58:21.700] mixed in with these personnel records, you know, of exempt material. [58:21.700 --> 58:23.700] He showed them his own little personnel records [58:23.700 --> 58:27.700] and not being involved with the clerks, you know. [58:27.700 --> 58:29.700] And right over the weekend, [58:29.700 --> 58:32.700] they then moved from the academy right into the City Hall. [58:32.700 --> 58:35.700] I thought that was pretty neat. [58:35.700 --> 58:37.700] Strange how that works. [58:37.700 --> 58:39.700] And you get their attention. [58:39.700 --> 58:41.700] Odd how they get this thing straightened out. [58:41.700 --> 58:45.700] Okay, this is Randy Kelton, David Stevens, Eddie Craig. [58:45.700 --> 58:51.700] We're taking your calls at 512-646-1984. [58:51.700 --> 58:53.700] We'll be right back on the other side. [58:53.700 --> 58:55.700] Joseph, hang on. [58:55.700 --> 58:59.700] We'll finish up on the other side and then go to Dad. [58:59.700 --> 59:03.700] The Bible remains the most popular book in the world, [59:03.700 --> 59:05.700] yet countless readers are frustrated [59:05.700 --> 59:07.700] because they struggle to understand it. [59:07.700 --> 59:11.700] Some new translations try to help by simplifying the text, [59:11.700 --> 59:16.700] but in the process can compromise the profound meaning of the Scripture. [59:16.700 --> 59:18.700] Enter the recovery version. [59:18.700 --> 59:22.700] First, this new translation is extremely faithful and accurate, [59:22.700 --> 59:27.700] but the real story is the more than 9,000 explanatory footnotes. [59:27.700 --> 59:31.700] Difficult and profound passages are opened up in a marvelous way, [59:31.700 --> 59:34.700] providing an entrance into the riches of the Word [59:34.700 --> 59:37.700] beyond what you've ever experienced before. [59:37.700 --> 59:40.700] Bibles for America would like to give you a free recovery version [59:40.700 --> 59:42.700] simply for the asking. [59:42.700 --> 59:45.700] This comprehensive yet compact study Bible is yours [59:45.700 --> 59:52.700] just by calling us toll-free at 1-888-551-0102 [59:52.700 --> 59:56.700] or by ordering online at freestudybible.com. [59:56.700 --> 59:59.700] That's freestudybible.com. [59:59.700 --> 01:00:04.700] This news brief brought to you by the International News Net. [01:00:04.700 --> 01:00:07.700] At least 31 people have been killed in a clash between [01:00:07.700 --> 01:00:10.700] South Sudan's army and rebel militia fighters. [01:00:10.700 --> 01:00:13.700] Sudan's south voted to separate from the north [01:00:13.700 --> 01:00:17.700] in a January referendum that ended decades of civil war. [01:00:17.700 --> 01:00:20.700] The underdeveloped region, the source of most of Sudan's [01:00:20.700 --> 01:00:24.700] 500,000 barrels per day of oil, has been beset by violence [01:00:24.700 --> 01:00:28.700] that has seen hundreds killed since the election. [01:00:28.700 --> 01:00:32.700] In response to a rising tide of protests for better basic services [01:00:32.700 --> 01:00:36.700] and an end to corruption, the Iraqi government recently announced [01:00:36.700 --> 01:00:40.700] it is restricting rallies in Baghdad to its two main sports stadiums. [01:00:40.700 --> 01:00:44.700] Activist Ali al-Fardawi said the government's decision [01:00:44.700 --> 01:00:48.700] clearly shows its fear of mounting rage at the blundering performance [01:00:48.700 --> 01:00:51.700] of the al-Maliki government. [01:00:51.700 --> 01:00:55.700] The U.S. Equal Employment Opportunity Commission Tuesday [01:00:55.700 --> 01:00:59.700] filed lawsuits over the working conditions of 500 migrant workers [01:00:59.700 --> 01:01:02.700] from India brought to work at Mississippi and Texas shipyards [01:01:02.700 --> 01:01:07.700] and 200 Thai laborers brought to work on farms in Hawaii and Washington. [01:01:07.700 --> 01:01:10.700] They were forced to live in substandard housing [01:01:10.700 --> 01:01:16.700] and were charged recruitment fees that reduced their earnings almost to zero. [01:01:16.700 --> 01:01:21.700] Efforts to calm overwrought Pakistani-U.S. ties got underway Wednesday [01:01:21.700 --> 01:01:24.700] with little hope of lasting success because of marked differences [01:01:24.700 --> 01:01:27.700] of opinion over Afghanistan and the region. [01:01:27.700 --> 01:01:30.700] Chairman of the U.S. Joint Chiefs of Staff Admiral Mike Mullen [01:01:30.700 --> 01:01:33.700] was in Islamabad for talks with the military leadership Wednesday [01:01:33.700 --> 01:01:37.700] while Pakistani Foreign Secretary Salman Bashir met U.S. officials [01:01:37.700 --> 01:01:39.700] in Washington Thursday. [01:01:39.700 --> 01:01:43.700] Analysts believe the best the two sides can do is agree to resume dialogue. [01:01:43.700 --> 01:01:47.700] The pessimistic forecast reflects a disinclination by both sides [01:01:47.700 --> 01:01:51.700] to accommodate each other's strategic concerns and worries. [01:01:51.700 --> 01:01:55.700] The two high-profile meetings are the latest efforts to normalize relations [01:01:55.700 --> 01:02:01.700] after CIA operative Raymond Davis shot to death two youths in Lahore in January, [01:02:01.700 --> 01:02:06.700] repeated U.S. drone attacks, and growing worries among Pakistani security agencies [01:02:06.700 --> 01:02:09.700] about the CIA's expanding footprint in Pakistan [01:02:09.700 --> 01:02:13.700] considered an affront to Pakistani sovereignty. [01:02:13.700 --> 01:02:16.700] As Barack Obama prepares to run for a second term, [01:02:16.700 --> 01:02:20.700] critics say he is morphing into former President Bush. [01:02:20.700 --> 01:02:25.700] Obama was highly critical of Bush for sending suspected terrorists to Guantanamo, [01:02:25.700 --> 01:02:28.700] denying them access to civilian courts. [01:02:28.700 --> 01:02:30.700] Now Obama says he'll do the same. [01:02:30.700 --> 01:02:34.700] Obama called the Bush-era tax cuts for the wealthy wrong, [01:02:34.700 --> 01:02:38.700] but in December he signed a deal with Republicans to extend them for two years. [01:02:38.700 --> 01:02:42.700] Obama said the president didn't have the authority to unilaterally attack [01:02:42.700 --> 01:02:45.700] a country that wasn't threatening the U.S. [01:02:45.700 --> 01:02:48.700] Last month, by passing Congress, he attacked Libya, [01:02:48.700 --> 01:02:50.700] which posed no threat to the U.S. [01:03:18.700 --> 01:03:40.700] Okay, folks, we're back, hour two of Rule of Law. [01:03:40.700 --> 01:03:44.700] Tonight is Thursday, April 21st. [01:03:44.700 --> 01:03:46.700] Getting ahead of myself here. [01:03:46.700 --> 01:03:48.700] We were speaking with Joseph in Mississippi. [01:03:48.700 --> 01:03:50.700] Joseph, we got a whole heap of calls on the board. [01:03:50.700 --> 01:03:53.700] Do you have anything else for us? [01:03:53.700 --> 01:03:57.700] Oh, no, I just wanted to say I appreciate all the help that y'all do [01:03:57.700 --> 01:04:01.700] in doing the radio show and how much you've helped me. [01:04:01.700 --> 01:04:03.700] And I'll let y'all get on with the other callers. [01:04:03.700 --> 01:04:04.700] Y'all have a good night. [01:04:04.700 --> 01:04:06.700] All right, thank you, Joseph. [01:04:06.700 --> 01:04:12.700] And let me say, I appreciate the fact that you took my advice and read the code, [01:04:12.700 --> 01:04:16.700] because that will make you a force for change. [01:04:16.700 --> 01:04:20.700] If we can get to as free people like you in every county, [01:04:20.700 --> 01:04:22.700] we can fix this problem. [01:04:22.700 --> 01:04:24.700] So thank you, Joseph. [01:04:24.700 --> 01:04:25.700] Well, that's no problem. [01:04:25.700 --> 01:04:27.700] I've been working on it. [01:04:27.700 --> 01:04:28.700] Y'all have a good night. [01:04:28.700 --> 01:04:30.700] All right, keep it up. [01:04:30.700 --> 01:04:34.700] Okay, we are going now to Dan in Connecticut, the real deal. [01:04:34.700 --> 01:04:36.700] Hey, Dan, how are you doing? [01:04:36.700 --> 01:04:41.700] Randy, you have created a monster. [01:04:41.700 --> 01:04:43.700] What have you done? [01:04:43.700 --> 01:04:44.700] Oh, so much. [01:04:44.700 --> 01:04:46.700] I'll be quick because I know you got callers. [01:04:46.700 --> 01:04:49.700] Long story short, I told you guys about the issues we had [01:04:49.700 --> 01:04:52.700] with the health insurance company when our daughter was born. [01:04:52.700 --> 01:04:54.700] Turns out this whole time we got a whole bunch of statements [01:04:54.700 --> 01:04:58.700] from the insurance company of things the hospital tried to charge. [01:04:58.700 --> 01:05:00.700] One of them included surgery, [01:05:00.700 --> 01:05:03.700] but there's one problem with this $3,000 charge. [01:05:03.700 --> 01:05:07.700] The provider was on vacation that day, the doctor they listed, [01:05:07.700 --> 01:05:10.700] and my wife never had surgery. [01:05:10.700 --> 01:05:14.700] It was a completely normal delivery, nothing out of the ordinary. [01:05:14.700 --> 01:05:17.700] So long story short, we went back and forth between the hospital [01:05:17.700 --> 01:05:20.700] and the insurance company for like eight, nine months, [01:05:20.700 --> 01:05:23.700] and we basically said, look, up yours, we're not paying. [01:05:23.700 --> 01:05:24.700] There's a bogus bill. [01:05:24.700 --> 01:05:26.700] There's the insurance company's problem. [01:05:26.700 --> 01:05:28.700] So what happened? [01:05:28.700 --> 01:05:32.700] The hospital ended up sending it off to this company called Care Payment, [01:05:32.700 --> 01:05:35.700] which is a third-party debt collector for hospital bills. [01:05:35.700 --> 01:05:38.700] They basically sent us a shiny little plastic card [01:05:38.700 --> 01:05:41.700] that looked like a credit card offering us payment plans [01:05:41.700 --> 01:05:44.700] and instructions, and they sent an invoice. [01:05:44.700 --> 01:05:48.700] We, in turn, sent back a tort letter basically saying, [01:05:48.700 --> 01:05:51.700] you're misrepresenting the debt, don't call us, [01:05:51.700 --> 01:05:53.700] and by the way, we want validation. [01:05:53.700 --> 01:05:57.700] Well, an interesting thing happened when the hospital sent us [01:05:57.700 --> 01:05:59.700] what they called validation. [01:05:59.700 --> 01:06:01.700] The bill has a bunch of charges on it. [01:06:01.700 --> 01:06:04.700] Notice that in the bill, obviously you can't see it, [01:06:04.700 --> 01:06:07.700] but in the bill it basically listed $1,600 for pharmacy. [01:06:07.700 --> 01:06:11.700] On the validation, there's only $70 worth of drugs, [01:06:11.700 --> 01:06:13.700] but it gets better. [01:06:13.700 --> 01:06:17.700] On the bill, they listed a $20 charge for a hearing test. [01:06:17.700 --> 01:06:20.700] No, it was actually a $20 charge for hearing tests on the validation. [01:06:20.700 --> 01:06:24.700] There was a $300 charge on the bill for audiology. [01:06:24.700 --> 01:06:26.700] I used to work in the hearing aid field, [01:06:26.700 --> 01:06:30.700] and hearing tests don't run no $300. [01:06:30.700 --> 01:06:34.700] So we sent the tort letter back, and both of the tort letters said, [01:06:34.700 --> 01:06:38.700] you know, if you don't respond in 30 days, you pretty much admit you did it. [01:06:38.700 --> 01:06:42.700] And here are the different debt collection sections you violated. [01:06:42.700 --> 01:06:44.700] And we also told them in both letters, [01:06:44.700 --> 01:06:48.700] report this to the credit agencies as being in dispute. [01:06:48.700 --> 01:06:50.700] Well, they didn't do that either. [01:06:50.700 --> 01:06:52.700] And while we're on our merry little way, [01:06:52.700 --> 01:06:56.700] we cited the Connecticut statutes that mirrored all of that other federal stuff, [01:06:56.700 --> 01:07:00.700] so we create a nice little case we can bring into small claims, which we did. [01:07:00.700 --> 01:07:05.700] Now, after we served them with a copy of the complaint, [01:07:05.700 --> 01:07:07.700] after that happened, you know what they did? [01:07:07.700 --> 01:07:10.700] They sent us another bill. [01:07:10.700 --> 01:07:16.700] So they misrepresented the debt again after they'd already been served. [01:07:16.700 --> 01:07:18.700] Now, the answer date was March 16th, [01:07:18.700 --> 01:07:22.700] and the rules in Connecticut for attorneys basically say, [01:07:22.700 --> 01:07:26.700] you have to e-file this, this, that, and the other thing except for these items. [01:07:26.700 --> 01:07:28.700] What did the attorney do on the last day? [01:07:28.700 --> 01:07:30.700] He faxed his answer in. [01:07:30.700 --> 01:07:35.700] So on top of the admissions of liability and all that other happy stuff, [01:07:35.700 --> 01:07:39.700] we filed a motion for default judgment in our favor. [01:07:39.700 --> 01:07:42.700] And so the attorney sent me an email back, and he said, [01:07:42.700 --> 01:07:44.700] Mr. Reilly, you should withdraw your motion. [01:07:44.700 --> 01:07:46.700] I filed it on time. [01:07:46.700 --> 01:07:48.700] I asked the clerk if it was okay. [01:07:48.700 --> 01:07:51.700] Now, this is in the court rules of what he can and cannot do. [01:07:51.700 --> 01:07:55.700] You know what my response to him was? [01:07:55.700 --> 01:08:00.700] I appreciate the legal advice, but I respectfully decline. [01:08:00.700 --> 01:08:03.700] Well, you are a hard man. [01:08:03.700 --> 01:08:06.700] But it gets better. [01:08:06.700 --> 01:08:09.700] The clerk didn't want to file it, okay? [01:08:09.700 --> 01:08:13.700] And so what the clerk did is the clerk mailed it back to me in the mail [01:08:13.700 --> 01:08:17.700] with a letter saying, this is not acceptable for small claims. [01:08:17.700 --> 01:08:20.700] So on the clerk's letter, I wrote in handwriting, [01:08:20.700 --> 01:08:26.700] pursuant to 51-52 of the Connecticut general statutes, your job is to file this. [01:08:26.700 --> 01:08:30.700] Please in the future refrain from impersonating a magistrate. [01:08:30.700 --> 01:08:32.700] This is highly illegal, as you know. [01:08:32.700 --> 01:08:34.700] You know what the clerk did with that? [01:08:34.700 --> 01:08:36.700] She filed it. [01:08:36.700 --> 01:08:38.700] All pay. [01:08:38.700 --> 01:08:43.700] So the next thing I did is I sent in a request for discovery, [01:08:43.700 --> 01:08:48.700] and the attorney's reply to all of it was a whole bunch of objections. [01:08:48.700 --> 01:08:52.700] Well, Connecticut general practice book 24A says, you know, [01:08:52.700 --> 01:08:55.700] this is only we can get small claims. [01:08:55.700 --> 01:09:01.700] My response to that was, look, if you look at the practice book sections in 13-2 [01:09:01.700 --> 01:09:06.700] and so on, 13-2 says I have a right to this in any civil case. [01:09:06.700 --> 01:09:11.700] Further, in my response to all of his objections, you know, [01:09:11.700 --> 01:09:13.700] to the things that I was looking for in discovery, [01:09:13.700 --> 01:09:19.700] 52-197 says the same thing using the words in any civil case. [01:09:19.700 --> 01:09:20.700] Okay? [01:09:20.700 --> 01:09:25.700] Now, among the things I looked for were going to his answer. [01:09:25.700 --> 01:09:27.700] Now, the answer, this is the really dumb part. [01:09:27.700 --> 01:09:30.700] I've never seen anything this crazy from an attorney. [01:09:30.700 --> 01:09:35.700] In the answer, remember we're going after them for fair credit reporting stuff, too, [01:09:35.700 --> 01:09:40.700] for not reporting in dispute, and the answer they admit they never reported in dispute. [01:09:40.700 --> 01:09:45.700] So their answer, part of it admitted that they did it. [01:09:45.700 --> 01:09:50.700] The other part of the answer said, well, we're not a debt collector. [01:09:50.700 --> 01:09:57.700] Well, what are these copies of invoices I'm sending you as exhibits for my motion for default? [01:09:57.700 --> 01:10:01.700] Did you not ask for money? [01:10:01.700 --> 01:10:05.700] And then the other part of the answer said plaintiffs are liable for charges [01:10:05.700 --> 01:10:08.700] they incurred because they were not insured. [01:10:08.700 --> 01:10:11.700] Well, I hate to break it to you guys, [01:10:11.700 --> 01:10:16.700] but part of the things that I sent in my motion for default coverage, you know, [01:10:16.700 --> 01:10:19.700] on judgment were proof that we were covered by insurance, [01:10:19.700 --> 01:10:24.700] insurance card, letter from the employer, the whole nine yards. [01:10:24.700 --> 01:10:31.700] So I have to say, I mean, I'm not sure if this guy just got out of law school [01:10:31.700 --> 01:10:35.700] or what happened, but, you know, we had way too much fun with this. [01:10:35.700 --> 01:10:40.700] It sounds more like he just got out of a frat party, not law school. [01:10:40.700 --> 01:10:44.700] Well, it was probably that when he was in law school, [01:10:44.700 --> 01:10:48.700] he was a mascot for one of the beer companies. [01:10:48.700 --> 01:10:53.700] Randy, this is like boxing a cripple. [01:10:53.700 --> 01:10:54.700] Okay, I'm sorry. [01:10:54.700 --> 01:10:56.700] It doesn't even rise to that level. [01:10:56.700 --> 01:10:58.700] That's how bad it is. [01:10:58.700 --> 01:11:02.700] But we got trial scheduled for May 19. [01:11:02.700 --> 01:11:05.700] And the cool thing about my request for discovery, [01:11:05.700 --> 01:11:09.700] basically I was asking for proof of the things he alleged in his answer. [01:11:09.700 --> 01:11:12.700] You know what his other response to it was? [01:11:12.700 --> 01:11:16.700] He basically said, you know, part of the objection was that it went to, [01:11:16.700 --> 01:11:19.700] you know, things that weren't in the record. [01:11:19.700 --> 01:11:22.700] Well, I'm sorry, it's in your answer. [01:11:22.700 --> 01:11:28.700] Surely you must have proof that we weren't covered or that you aren't a debt collector. [01:11:28.700 --> 01:11:32.700] Now we're asking for it. [01:11:32.700 --> 01:11:33.700] Absolutely. [01:11:33.700 --> 01:11:38.700] And by the way, bills or statements, things like that, [01:11:38.700 --> 01:11:41.700] even a contract is not verification of a debt. [01:11:41.700 --> 01:11:45.700] The courts have ruled that the only thing that is a verification of the debt [01:11:45.700 --> 01:11:48.700] is for the company to show a ledger accounting. [01:11:48.700 --> 01:11:53.700] That means double entry accounting. [01:11:53.700 --> 01:11:56.700] They have to show how the money went in and how it went out, [01:11:56.700 --> 01:12:00.700] and if it was charged off against their capital gains tax liability, [01:12:00.700 --> 01:12:01.700] it's got to show that too. [01:12:01.700 --> 01:12:04.700] And that's why these kinds of cases never make it into court [01:12:04.700 --> 01:12:06.700] because they'll be nailed for fraud [01:12:06.700 --> 01:12:09.700] because they won't be able to show a ledger accounting. [01:12:09.700 --> 01:12:13.700] You know, I did give them that citation from Spears v. Brennan in the tort letter too. [01:12:13.700 --> 01:12:15.700] I think I was too nice to them. [01:12:15.700 --> 01:12:16.700] You were too nice to them. [01:12:16.700 --> 01:12:19.700] You should wait until, you know, like you're already in discovery [01:12:19.700 --> 01:12:23.700] or you're filing a reply to their motion to dismiss or something like that. [01:12:23.700 --> 01:12:27.700] So do you have the Mike Mears method or are you filing the Mike Mears method with this? [01:12:27.700 --> 01:12:28.700] Oh, no, no. [01:12:28.700 --> 01:12:31.700] Actually, I just built off of what Randy told me [01:12:31.700 --> 01:12:34.700] and initially how to write a tort letter. [01:12:34.700 --> 01:12:35.700] Right. [01:12:35.700 --> 01:12:41.700] So that's why I said at the beginning, Randy, you've created a monster. [01:12:41.700 --> 01:12:45.700] You are exactly what I was warning about earlier. [01:12:45.700 --> 01:12:48.700] You're having entirely too much fun with this. [01:12:48.700 --> 01:12:49.700] Well, take it to them. [01:12:49.700 --> 01:12:50.700] I mean, this is ridiculous. [01:12:50.700 --> 01:12:53.700] They're trying to charge you for a surgery that never happened. [01:12:53.700 --> 01:12:55.700] It's outrageous. [01:12:55.700 --> 01:12:58.700] You should file fraud charges against them. [01:12:58.700 --> 01:12:59.700] Yeah, that too. [01:12:59.700 --> 01:13:00.700] Absolutely. [01:13:00.700 --> 01:13:02.700] On top of that, they were trying to double bill. [01:13:02.700 --> 01:13:07.700] And our issue is like, look, if there is a legitimate debt, we will pay it. [01:13:07.700 --> 01:13:10.700] But we're not going to have this thing where like the insurance company [01:13:10.700 --> 01:13:15.700] and the hospital keep kicking it back and forth and everybody's whining. [01:13:15.700 --> 01:13:20.700] Well, don't forget, they sent it to you through the U.S. mail. [01:13:20.700 --> 01:13:22.700] That constitutes mail fraud. [01:13:22.700 --> 01:13:26.700] I would call the FBI for an investigation into the hospital. [01:13:26.700 --> 01:13:34.700] This is exactly the kind of case where you can become a private attorney general [01:13:34.700 --> 01:13:42.700] in that you can sue in your behalf and in the behalf of all others similarly situated. [01:13:42.700 --> 01:13:51.700] If they're doing this to you, it's reasonable to consider they're doing it as a pattern of abuse. [01:13:51.700 --> 01:14:00.700] You accuse them of predatory acts in furtherance of an ongoing criminal conspiracy. [01:14:00.700 --> 01:14:09.700] If the attorney is not totally brain dead, that will scream RICO. [01:14:09.700 --> 01:14:13.700] And one thing that I did want to mention to you, and this is unfortunate [01:14:13.700 --> 01:14:15.700] because I think it goes to QITAM. [01:14:15.700 --> 01:14:21.700] Unfortunately, Connecticut statutes for QITAM are limited to Medicaid and social services. [01:14:21.700 --> 01:14:24.700] And unfortunately, we are not on welfare. [01:14:24.700 --> 01:14:28.700] Otherwise, I'd say this would be a lot more fun we could have. [01:14:28.700 --> 01:14:30.700] Well, you've got fraud. [01:14:30.700 --> 01:14:31.700] Well, yeah. [01:14:31.700 --> 01:14:34.700] I mean, it's just fraud, Randy. [01:14:34.700 --> 01:14:36.700] That's fraud, pure and simple. [01:14:36.700 --> 01:14:40.700] If you start filing criminal charges against them, [01:14:40.700 --> 01:14:46.700] and the police will refuse to take it and the prosecutor will refuse to act, [01:14:46.700 --> 01:14:52.700] and you'll just jump up and down and wave your arms and rail in righteous indignation, [01:14:52.700 --> 01:14:56.700] and the prosecutor is going to tell these people, you better do something with this guy. [01:14:56.700 --> 01:14:57.700] You're going to get it. [01:14:57.700 --> 01:15:03.700] Well, also in this situation, the prosecutor is going to have less motivation to drag his feet [01:15:03.700 --> 01:15:05.700] because these aren't public servants. [01:15:05.700 --> 01:15:09.700] This is a private entity, private business here that we're dealing with. [01:15:09.700 --> 01:15:13.700] Here's our primary motivation for doing this. [01:15:13.700 --> 01:15:18.700] We want something to come out of discovery that points to what the hell happened, [01:15:18.700 --> 01:15:23.700] and we're only going for four grand, which is jump change. [01:15:23.700 --> 01:15:26.700] We're not really being greedy considering the aggravation [01:15:26.700 --> 01:15:32.700] and the immense sums of money forked over in COBRA payments. [01:15:32.700 --> 01:15:40.700] Then you get to use their misdeeds here to point at something far more serious. [01:15:40.700 --> 01:15:42.700] You might take this to the prosecutor's attorney. [01:15:42.700 --> 01:15:47.700] Yeah, you may want to ask for more if you're having to fork over huge sums in COBRA payments [01:15:47.700 --> 01:15:52.700] because you're entitled to getting that money back if that money is being extracted from you [01:15:52.700 --> 01:15:56.700] based on their fraudulent activities. [01:15:56.700 --> 01:15:59.700] Yeah, that's called conversion. [01:15:59.700 --> 01:16:04.700] Yeah, actually that goes to my wife's former employer who basically I said, [01:16:04.700 --> 01:16:08.700] if you don't straighten this out, we'll go after you for 10 grand [01:16:08.700 --> 01:16:12.700] and move to attach your property from the beginning. [01:16:12.700 --> 01:16:16.700] Of course, it's a big company, so I think it would be kind of interesting [01:16:16.700 --> 01:16:21.700] if I got a $10,000 attachment on a CD and record store. [01:16:21.700 --> 01:16:26.700] Let me tell you a little story about a guy in Fort Worth who got a $6,000 judgment against the IRS. [01:16:26.700 --> 01:16:31.700] He went down with the sheriff and started taking their furniture out of their office. [01:16:31.700 --> 01:16:34.700] They got him a check. [01:16:34.700 --> 01:16:37.700] I saw a video like that, but I thought it was a foreclosure. [01:16:37.700 --> 01:16:40.700] But anyway, I'll let you guys go because I know you've got callers, [01:16:40.700 --> 01:16:43.700] but I just wanted to tell you, you're going to be a monster. [01:16:43.700 --> 01:16:46.700] All right, good job, Dan. Keep up the good work. Keep up the faith. [01:16:46.700 --> 01:16:48.700] No problem, you guys too. [01:16:48.700 --> 01:16:53.700] All right, when we get back on the other side, we've got Rick, Mark, Brian, and Mike. [01:16:53.700 --> 01:16:59.700] 512-646-1984 is the call-in number. [01:16:59.700 --> 01:17:03.700] Capital Coin and Bullion is your local source for rare coins, [01:17:03.700 --> 01:17:06.700] precious metals, and coin supplies in the Austin metro area. [01:17:06.700 --> 01:17:08.700] We also ship worldwide. [01:17:08.700 --> 01:17:14.700] We're a family-owned and operated business that offers competitive prices on your coin and metals purchases. [01:17:14.700 --> 01:17:19.700] Because of you, Austin, business has been so good that we've had to move to a new and bigger location. [01:17:19.700 --> 01:17:26.700] We're now located at 7304 Burnett Road Suite A, 1.2 miles north on Burnett from our previous location. [01:17:26.700 --> 01:17:31.700] We're on the west side of Burnett Road in Stanley Insurance Building on the ground floor [01:17:31.700 --> 01:17:34.700] next to the Ishabon Sushi and the Genie Car Wash. [01:17:34.700 --> 01:17:38.700] We're open Monday through Friday, 10 to 6, Saturdays 10 to 5. [01:17:38.700 --> 01:17:44.700] You're welcome to stop in during regular business hours or call 512-646-6440. [01:17:44.700 --> 01:17:49.700] Ask for Chad or Becky and say that you heard about us on Rule of Law Radio or Texas Liberty Radio. [01:17:49.700 --> 01:17:55.700] That's Capital Coin and Bullion at our new location at 7304 Burnett Road Suite A. [01:17:55.700 --> 01:17:59.700] Or call 512-646-6440. [01:17:59.700 --> 01:18:03.700] My name is Randall Kelton, and I co-host on Rule of Law Radio. [01:18:03.700 --> 01:18:08.700] We specialize in showing people how to strike back against corrupt public officials. [01:18:08.700 --> 01:18:10.700] With the mortgage crisis worsening, [01:18:10.700 --> 01:18:15.700] we set our sights on finding a remedy for people who have been cheated by their lenders. [01:18:15.700 --> 01:18:20.700] If you have a mortgage or have paid yours off, you have probably been cheated out of thousands. [01:18:20.700 --> 01:18:21.700] But there is a remedy. [01:18:21.700 --> 01:18:29.700] Go to remediesinrealestate.com or call me at 512-430-4140 [01:18:29.700 --> 01:18:32.700] and find out how to use the consumer protection laws [01:18:32.700 --> 01:18:36.700] to recover what the lenders have stolen through fraud and deception. [01:18:36.700 --> 01:18:41.700] We will prepare for you a qualified written request that will expose the fraud [01:18:41.700 --> 01:18:43.700] and put the lenders on the dime. [01:18:43.700 --> 01:18:47.700] Lender fraud is bankrupting this country, and it's time to fight back. [01:18:47.700 --> 01:18:54.700] Go to remediesinrealestate.com or call 512-430-4140 [01:18:54.700 --> 01:19:07.700] and get the information you need to stop the money changers in their tracks. [01:19:25.700 --> 01:19:28.700] Okay, folks, we are back. [01:19:28.700 --> 01:19:31.700] We're taking phone calls. [01:19:31.700 --> 01:19:34.700] We've got three more segments left, so call on in. [01:19:34.700 --> 01:19:36.700] 512-646-1984. [01:19:36.700 --> 01:19:38.700] We've got Rick from California. [01:19:38.700 --> 01:19:40.700] Rick, thank you for calling in. [01:19:40.700 --> 01:19:42.700] What is your question or comment tonight? [01:19:42.700 --> 01:19:43.700] How's it going, guys? [01:19:43.700 --> 01:19:45.700] I just wanted to give you an update on my case. [01:19:45.700 --> 01:19:48.700] I've got my five cases in court. [01:19:48.700 --> 01:19:50.700] I just got two letters back today. [01:19:50.700 --> 01:19:54.700] It's kind of interesting because I filed some motion. [01:19:54.700 --> 01:19:58.700] It's called a motion to object or to proceed with the appeal [01:19:58.700 --> 01:20:00.700] when the record has been tampered with. [01:20:00.700 --> 01:20:02.700] And so I got this letter back today. [01:20:02.700 --> 01:20:04.700] It says, a defendant has filed a plea which has captioned objection [01:20:04.700 --> 01:20:07.700] to proceeding with appeal when the record has been tampered with [01:20:07.700 --> 01:20:11.700] and which does not request that this court take any specific action [01:20:11.700 --> 01:20:13.700] or grant any specific relief. [01:20:13.700 --> 01:20:17.700] To the extent that a defendant refers to omissions or errors in the record on appeal, [01:20:17.700 --> 01:20:20.700] the procedure for seeking correction of the clerk's transcript [01:20:20.700 --> 01:20:23.700] is set forth in the California Rules of Court, and then it gives it out. [01:20:23.700 --> 01:20:27.700] So the funny part is now they're going to say it's going to be corrected. [01:20:27.700 --> 01:20:32.700] However, what I did on purpose was I only filed the first page [01:20:32.700 --> 01:20:35.700] of every motion that I filed for every case. [01:20:35.700 --> 01:20:38.700] So the record is still not full, true, and correct. [01:20:38.700 --> 01:20:41.700] So my next motion is going to be a motion to dismiss, [01:20:41.700 --> 01:20:44.700] and then from there I'm going to go with criminal charges. [01:20:44.700 --> 01:20:50.700] They're going to have a headache when I'm done with them. [01:20:50.700 --> 01:20:55.700] Rick, you're another one of these guys that I've been warning about. [01:20:55.700 --> 01:21:01.700] You are having entirely too much fun taking these guys' behinds. [01:21:01.700 --> 01:21:08.700] I know that they're in the red, of course, with the pockets, at least on me. [01:21:08.700 --> 01:21:13.700] Have you tried to file any criminal complaints against public officials yet? [01:21:13.700 --> 01:21:17.700] Not yet, only for the simple fact that I'm waiting for this all to be done [01:21:17.700 --> 01:21:21.700] and over with, especially because I got a second letter today as well [01:21:21.700 --> 01:21:25.700] saying that on one of the cases no motions were filed, [01:21:25.700 --> 01:21:32.700] which I'm going to respond to, according to the record, no motions were filed, period. [01:21:32.700 --> 01:21:36.700] So you have a clerk of the court. [01:21:36.700 --> 01:21:37.700] Yes. [01:21:37.700 --> 01:21:47.700] And the clerk of the court, it is her primary and essentially her only duty to protect the record. [01:21:47.700 --> 01:21:48.700] Yes. [01:21:48.700 --> 01:21:53.700] If she fails to protect the record, she's a criminal. [01:21:53.700 --> 01:21:54.700] Yes. [01:21:54.700 --> 01:22:00.700] And the thing about criminal is you can do it at the same time you're doing everything else. [01:22:00.700 --> 01:22:06.700] It's like a second front going on at the same time. [01:22:06.700 --> 01:22:16.700] And if anybody in your case mentions the criminal charges, that's tampering with a witness. [01:22:16.700 --> 01:22:20.700] And that's a big deal and obstruction of justice. [01:22:20.700 --> 01:22:22.700] That's a big deal. [01:22:22.700 --> 01:22:30.700] And the way I like to do it is you take something minor and you file the minor charge [01:22:30.700 --> 01:22:36.700] and then these morons screw it up and they start doing things that they do all the time, [01:22:36.700 --> 01:22:44.700] but they don't realize what they're doing turns into felonies really fast. [01:22:44.700 --> 01:22:48.700] So now all of a sudden they're getting in really deep water. [01:22:48.700 --> 01:22:49.700] Yes. [01:22:49.700 --> 01:22:52.700] It'll add to the fun, I guarantee you. [01:22:52.700 --> 01:22:54.700] Yeah, well, thank you for that. [01:22:54.700 --> 01:22:58.700] The funny part is I'm actually kind of waiting to see for the district attorney to come on [01:22:58.700 --> 01:23:05.700] the behalf of the City of Glendale because I already, in my motion before this to my motion, [01:23:05.700 --> 01:23:09.700] it's like a motion to, well, an objection to the whole proceeding. [01:23:09.700 --> 01:23:16.700] I said, well, you know, the district attorney wasn't there so it's going to be hearsay or whatever he says, [01:23:16.700 --> 01:23:19.700] especially since there was, quote, unquote, no recording, [01:23:19.700 --> 01:23:22.700] since the commissioner stated that there was no recording. [01:23:22.700 --> 01:23:31.700] And so as exhibits ironically to the whole thing I filed to the objection with real quick Exhibit A [01:23:31.700 --> 01:23:37.700] that I put here, which they refer to, is the LA Superior Court admitting that no certificate of monitor [01:23:37.700 --> 01:23:42.700] exists for arraignment and trial dates requested by a parent, which means there is no record. [01:23:42.700 --> 01:23:47.700] So Exhibit B is the LA Superior Court admitting that it does not conform with the California State Constitution [01:23:47.700 --> 01:23:49.700] by not being a court of record. [01:23:49.700 --> 01:23:53.700] Exhibit C, of course, is the copies of the first page of the motions that have been filed [01:23:53.700 --> 01:23:56.700] that do not appear on the record or in the record. [01:23:56.700 --> 01:24:00.700] So yeah, it's going to be coming down real quick. [01:24:00.700 --> 01:24:02.700] Good, good. [01:24:02.700 --> 01:24:05.700] Have you filed any civil actions yet? [01:24:05.700 --> 01:24:06.700] No, not yet. [01:24:06.700 --> 01:24:13.700] I'm actually going to wait for the last five so I can join the rest of the other ones as well [01:24:13.700 --> 01:24:15.700] because I've already won three cases. [01:24:15.700 --> 01:24:19.700] The officers just didn't show, and I want to get them for malicious prosecution [01:24:19.700 --> 01:24:23.700] and practicing on without a license. [01:24:23.700 --> 01:24:26.700] You are absolutely having too much fun. [01:24:26.700 --> 01:24:32.700] And I want to thank you, Randy and Deb, of course, all of you guys for the help and support you guys give [01:24:32.700 --> 01:24:36.700] on your radio show, and I want to let you know that it really means a lot to me [01:24:36.700 --> 01:24:40.700] because without you guys, honestly, I wouldn't have been where I'm at now. [01:24:40.700 --> 01:24:45.700] Yeah, well, it's nice to see that now you're the mentor. [01:24:45.700 --> 01:24:47.700] No, I'm far from that. [01:24:47.700 --> 01:24:50.700] Thank you, though. [01:24:50.700 --> 01:24:55.700] I still remember when you called in about the video where they served you [01:24:55.700 --> 01:25:03.700] and were taking videos of you when they were serving you, forbidding you to take videos. [01:25:03.700 --> 01:25:04.700] That's funny, yeah. [01:25:04.700 --> 01:25:05.700] And it wasn't anything either. [01:25:05.700 --> 01:25:07.700] One of my favorite stories. [01:25:07.700 --> 01:25:10.700] Yeah, but I want to thank you guys once again. [01:25:10.700 --> 01:25:14.700] It means a lot to me, and hopefully I put up a new video on YouTube. [01:25:14.700 --> 01:25:18.700] If you guys don't mind me letting this out, [01:25:18.700 --> 01:25:23.700] reasons why I don't answer or any questions to the officers when I get stopped, [01:25:23.700 --> 01:25:26.700] basic questions like, you know, do you know how fast you were going, [01:25:26.700 --> 01:25:30.700] do you know the speed limit, all because, of course, they're incriminating questions. [01:25:30.700 --> 01:25:34.700] So if anybody ever wants to go on YouTube, just type in Glendale Police, [01:25:34.700 --> 01:25:36.700] and they can get my name is TacticalGuy1. [01:25:36.700 --> 01:25:37.700] And thank you guys once again. [01:25:37.700 --> 01:25:39.700] It really means a lot to me. [01:25:39.700 --> 01:25:40.700] All right. [01:25:40.700 --> 01:25:41.700] Thank you, Rick. [01:25:41.700 --> 01:25:42.700] Okay. [01:25:42.700 --> 01:25:43.700] Bye-bye. [01:25:43.700 --> 01:25:45.700] Bye-bye. [01:25:45.700 --> 01:25:46.700] All right. [01:25:46.700 --> 01:25:47.700] We're continuing on. [01:25:47.700 --> 01:25:50.700] We've only got two callers on the board, Brian and Mike. [01:25:50.700 --> 01:25:55.700] So folks, if you'd like to call in 512-646-1984, we're going to go to Brian in Texas. [01:25:55.700 --> 01:25:57.700] Brian, thanks for calling in. [01:25:57.700 --> 01:25:59.700] What is your question or comment tonight? [01:25:59.700 --> 01:26:02.700] Good evening, Deborah, Randy, and Eddie. [01:26:02.700 --> 01:26:08.700] Eddie, I met you at Carolyn Barnes' hearing back on February 28th. [01:26:08.700 --> 01:26:09.700] Uh-huh. [01:26:09.700 --> 01:26:10.700] And a couple of things. [01:26:10.700 --> 01:26:13.700] First of all, I wanted to talk about MERS. [01:26:13.700 --> 01:26:19.700] Before I talked about Carolyn, MERS continues to win here in Texas. [01:26:19.700 --> 01:26:21.700] That's my experience. [01:26:21.700 --> 01:26:24.700] At a hearing today, the attorney wins again. [01:26:24.700 --> 01:26:28.700] So it's pretty frustrating to know the rules and the laws, [01:26:28.700 --> 01:26:34.700] and corrupt judges and attorneys continue to uphold the fraud in Travis County. [01:26:34.700 --> 01:26:36.700] Did you file... [01:26:36.700 --> 01:26:43.700] Okay, you need to file judicial conduct complaints against the judges as a matter of course. [01:26:43.700 --> 01:26:44.700] Okay. [01:26:44.700 --> 01:26:48.700] If they fail to apply the law to the facts, you need to hammer them. [01:26:48.700 --> 01:26:51.700] Your pro se, pro se's can do that. [01:26:51.700 --> 01:26:53.700] Attorneys can't. [01:26:53.700 --> 01:26:57.700] But you can kick them right in their professional teeth, [01:26:57.700 --> 01:27:00.700] and they need it. [01:27:00.700 --> 01:27:02.700] Okay, what was the case? [01:27:02.700 --> 01:27:07.700] What was the particulars that they ruled against you on? [01:27:07.700 --> 01:27:11.700] This had to do with motion for summary judgment. [01:27:11.700 --> 01:27:14.700] And the attorney had no evidence. [01:27:14.700 --> 01:27:19.700] Our objection to his motion for summary judgment had evidence. [01:27:19.700 --> 01:27:22.700] And it was, I guess it was Amy Meacham Clark. [01:27:22.700 --> 01:27:26.700] She's a new district judge, and she took it under advisement. [01:27:26.700 --> 01:27:30.700] And so I know she's going to rule against us. [01:27:30.700 --> 01:27:31.700] That's my experience. [01:27:31.700 --> 01:27:34.700] And our plan is to appeal it to the Third Circuit. [01:27:34.700 --> 01:27:35.700] Good. [01:27:35.700 --> 01:27:37.700] Third Circuit? [01:27:37.700 --> 01:27:38.700] Oh, okay. [01:27:38.700 --> 01:27:40.700] You're in the state court? [01:27:40.700 --> 01:27:43.700] Yeah, we're in the state court right now, district court. [01:27:43.700 --> 01:27:44.700] Okay. [01:27:44.700 --> 01:27:52.700] If she's a new judge, she's really going to hate judicial conduct complaints against her. [01:27:52.700 --> 01:27:56.700] What is the claim you have against Mears? [01:27:56.700 --> 01:27:59.700] What claim is Mears making? [01:27:59.700 --> 01:28:03.700] Okay, my position, I was a substitute trustee. [01:28:03.700 --> 01:28:09.700] And for a tax lien financier, I foreclosed on the tax lien. [01:28:09.700 --> 01:28:15.700] The individual that bought the properties, he's a subsequent purchaser for value, [01:28:15.700 --> 01:28:17.700] so he's immune from suit. [01:28:17.700 --> 01:28:22.700] Well, a year after the statute of limitations have run and the tax code, [01:28:22.700 --> 01:28:25.700] the rights of redemption, the attorney clouds titles, [01:28:25.700 --> 01:28:29.700] and for the last five years has been coming after the property. [01:28:29.700 --> 01:28:32.700] So I don't have a dog in the hunt. [01:28:32.700 --> 01:28:36.700] And neither does the client, or I should say the mortgageor, [01:28:36.700 --> 01:28:43.700] because it wiped out their mortgage when we foreclosed on their tax lien. [01:28:43.700 --> 01:28:46.700] And the attorney is named Mark Hopkins. [01:28:46.700 --> 01:28:48.700] And he continues to be... [01:28:48.700 --> 01:28:50.700] Mark Hopkins? [01:28:50.700 --> 01:28:53.700] Yeah, that's the attorney in the Skidmore's case. [01:28:53.700 --> 01:29:00.700] He's the one we're going after there because he will continuously violate the law to get his way. [01:29:00.700 --> 01:29:03.700] Barr grieved the Crapola out of this guy. [01:29:03.700 --> 01:29:04.700] I plan on it. [01:29:04.700 --> 01:29:08.700] That's the one thing I have failed to do because I've been so busy chasing my tail. [01:29:08.700 --> 01:29:13.700] And there's three properties involved in this one situation that he is involved in. [01:29:13.700 --> 01:29:22.700] And he has been continually nominated as the top attorney in Austin around this area. [01:29:22.700 --> 01:29:25.700] Because he's the most corrupt in these situations, that's why. [01:29:25.700 --> 01:29:29.700] Yeah, he makes the term scumbag look endearing. [01:29:29.700 --> 01:29:30.700] Excuse me? [01:29:30.700 --> 01:29:36.700] He makes the term scumbag look endearing. [01:29:36.700 --> 01:29:44.700] Well, you know, I took one of the properties up to the Supreme Court, I filed a petition in July. [01:29:44.700 --> 01:29:46.700] Wait, hold on, Brian, we're going to break. [01:29:46.700 --> 01:29:48.700] The music means it's time to go to break. [01:29:48.700 --> 01:29:50.700] All right, hold that thought. [01:29:50.700 --> 01:29:52.700] We'll be back with Mike and Brian. [01:29:52.700 --> 01:29:54.700] I mean, we'll take Mike after Brian. [01:29:54.700 --> 01:29:58.700] Callers, if you'd like to call in 512-646-1984. [01:29:58.700 --> 01:30:02.700] Are you tired of depending on the supermarket for your family's food? [01:30:02.700 --> 01:30:05.700] Would you like to grow fresh produce in the convenience of your own backyard, [01:30:05.700 --> 01:30:07.700] as well as offering professional lawn care services? [01:30:07.700 --> 01:30:11.700] Austin Clean and Clear will customize an independence garden for your family's needs and budget. [01:30:11.700 --> 01:30:17.700] Call 512-294-8429 today and let us bring you closer to a healthier, more independent lifestyle. [01:30:17.700 --> 01:30:22.700] That's 512-294-8429 or find us at austincleanandclear.com. [01:30:22.700 --> 01:30:25.700] Our gardens are the perfect combination of beauty and practicality. [01:30:25.700 --> 01:30:30.700] Call 512-294-8429 today. [01:30:30.700 --> 01:30:34.700] Is your social security number and other personal information at risk? [01:30:34.700 --> 01:30:37.700] If it's stored in a database, the answer is yes. [01:30:37.700 --> 01:30:40.700] I'm Dr. Catherine Albrecht, and I'll be back to tell you how to protect yourself [01:30:40.700 --> 01:30:44.700] from becoming a victim of a database breach in just a moment. [01:30:44.700 --> 01:30:48.700] Your search engine is watching you, recording all your searches [01:30:48.700 --> 01:30:51.700] and creating a massive database of your personal information. [01:30:51.700 --> 01:30:52.700] That's creepy. [01:30:52.700 --> 01:30:54.700] But it doesn't have to be that way. [01:30:54.700 --> 01:30:57.700] Startpage.com is the world's most private search engine. [01:30:57.700 --> 01:31:01.700] Startpage doesn't store your IP address, make a record of your searches, [01:31:01.700 --> 01:31:04.700] or use tracking cookies, and they're third-party certified. [01:31:04.700 --> 01:31:08.700] If you don't like Big Brother spying on you, start over with Startpage. [01:31:08.700 --> 01:31:11.700] Great search results and total privacy. [01:31:11.700 --> 01:31:14.700] Startpage.com, the world's most private search engine. [01:31:14.700 --> 01:31:20.700] Virtually all Americans have personal information stored in at least one government or private database, [01:31:20.700 --> 01:31:22.700] and that information is always at risk. [01:31:22.700 --> 01:31:25.700] Here are some steps you can take to protect yourself. [01:31:25.700 --> 01:31:29.700] Watch your credit cards and bank statements carefully for any unusual charges. [01:31:29.700 --> 01:31:32.700] Report any unauthorized account activity quickly. [01:31:32.700 --> 01:31:35.700] Not only does this limit abuse, it limits your liability. [01:31:35.700 --> 01:31:39.700] If you suspect foul play, notify one of the three main credit bureaus, [01:31:39.700 --> 01:31:43.700] Experian, Equifax, or TransUnion, and request a fraud alert. [01:31:43.700 --> 01:31:46.700] And finally, monitor your credit reports. [01:31:46.700 --> 01:31:48.700] You get a free report when you request a fraud alert, [01:31:48.700 --> 01:31:54.700] and many states require the credit bureaus to give you a free report annually when you request it. [01:31:54.700 --> 01:32:00.700] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:32:20.700 --> 01:32:23.700] Okay, folks, we are back. [01:32:23.700 --> 01:32:26.700] Okay, we're talking with Brian in Texas. [01:32:26.700 --> 01:32:29.700] Okay, Brian, please continue. [01:32:29.700 --> 01:32:35.700] Okay, what I started to say was in July on the 23rd of last year, [01:32:35.700 --> 01:32:43.700] I filed a petition at the Supreme Court stating MERS has no standing to sue or foreclose. [01:32:43.700 --> 01:32:49.700] And I received a postcard in the mail, so it's just this postcard that they denied my petition. [01:32:49.700 --> 01:32:51.700] So it was thrown out. [01:32:51.700 --> 01:33:00.700] September 13, 2010, this issue shows up on Fox News, breaking news on World Wide News. [01:33:00.700 --> 01:33:06.700] So the result of all of these, going to court and standing up for the truth, [01:33:06.700 --> 01:33:11.700] February the 4th of this year, the SWAT team arrested me [01:33:11.700 --> 01:33:16.700] and took me to jail on pending warrants that were also retaliation. [01:33:16.700 --> 01:33:22.700] So segueing on that part, I know how Carolyn Barnes feels. [01:33:22.700 --> 01:33:31.700] And I wanted to talk about her as well because we have filed three writ of habeas corpus, [01:33:31.700 --> 01:33:37.700] one in Williamson County, which has yet to be heard, one at the Third Court of Appeals here in Austin. [01:33:37.700 --> 01:33:43.700] Jeff Rose, the new appointed justice by Rick Perry, denied that. [01:33:43.700 --> 01:33:49.700] And now we have one in the Court of Criminal Appeals waiting on that to be heard. [01:33:49.700 --> 01:33:53.700] Yesterday I went to Williamson County with some other friends [01:33:53.700 --> 01:33:58.700] to have this case in Williamson County removed to federal court, [01:33:58.700 --> 01:34:03.700] waited three hours in the waiting area, visiting area of Williamson County Jail. [01:34:03.700 --> 01:34:05.700] No paperwork was returned. [01:34:05.700 --> 01:34:08.700] And it was 86th. [01:34:08.700 --> 01:34:13.700] We left and came back to Austin. [01:34:13.700 --> 01:34:16.700] All I can say is this woman is being tortured. [01:34:16.700 --> 01:34:19.700] She's shackled at the ankles, the wrist. [01:34:19.700 --> 01:34:24.700] And when she does her research at the law library, they're freeing up her right hand [01:34:24.700 --> 01:34:29.700] so she can use her right hand to write and look through books. [01:34:29.700 --> 01:34:32.700] And I know she has a neck brace on. [01:34:32.700 --> 01:34:36.700] They attempted to break her neck about the first week she was in jail. [01:34:36.700 --> 01:34:41.700] And she continues to send letters saying she wants to get out of jail [01:34:41.700 --> 01:34:43.700] and she needs help. [01:34:43.700 --> 01:34:47.700] And I would encourage everyone out there listening to call [01:34:47.700 --> 01:34:52.700] the Williamson County Sheriff's Department and the District Attorney's Office [01:34:52.700 --> 01:34:55.700] and Rod Ellis at the Innocent Project. [01:34:55.700 --> 01:35:00.700] That's another individual that we have gone to see with no avail. [01:35:00.700 --> 01:35:08.700] And I have a friend here that I'm trying to get to other politically connected parties, [01:35:08.700 --> 01:35:13.700] but it's just like there's five of us running into a brick wall. [01:35:13.700 --> 01:35:15.700] So has she been charged with a crime? [01:35:15.700 --> 01:35:19.700] Is there even a file in the court files? [01:35:19.700 --> 01:35:20.700] Excuse me? [01:35:20.700 --> 01:35:24.700] Is there even a file on her with the clerk of the court? [01:35:24.700 --> 01:35:25.700] Is there even a file? [01:35:25.700 --> 01:35:26.700] Has she been charged with a crime? [01:35:26.700 --> 01:35:27.700] Is there even a case? [01:35:27.700 --> 01:35:28.700] Yes, there is. [01:35:28.700 --> 01:35:33.700] She's being charged with assault with a deadly weapon against a U.S. [01:35:33.700 --> 01:35:34.700] Census worker. [01:35:34.700 --> 01:35:37.700] And this was back in May 8th of last year. [01:35:37.700 --> 01:35:41.700] And so is she being held without bond or has she just never seen a magistrate [01:35:41.700 --> 01:35:43.700] or a judge or what? [01:35:43.700 --> 01:35:46.700] It's a tad bit more complicated than that. [01:35:46.700 --> 01:35:48.700] She was out on bail. [01:35:48.700 --> 01:35:53.700] The judge tricked her in the courtroom into saying that she did not wish her ankle [01:35:53.700 --> 01:35:58.700] bracelet put back on her when they were going to send her home at the end of the [01:35:58.700 --> 01:36:03.700] day and immediately said, good enough, revoked her bond and put it in a record [01:36:03.700 --> 01:36:07.700] that she refused to allow them to put her bracelet back on her and threw her back [01:36:07.700 --> 01:36:09.700] in jail. [01:36:09.700 --> 01:36:14.700] Now, this was the visiting judge that has no oath of office since 1999. [01:36:14.700 --> 01:36:15.700] That's correct. [01:36:15.700 --> 01:36:16.700] Doug Shaver. [01:36:16.700 --> 01:36:17.700] Yeah. [01:36:17.700 --> 01:36:21.700] Now, one of the things I have done, I did take her case to David Simpson, who [01:36:21.700 --> 01:36:27.700] gave me contact information for a United States congressman whose district is [01:36:27.700 --> 01:36:30.700] Williamson County. [01:36:30.700 --> 01:36:33.700] I gave Desi that information today. [01:36:33.700 --> 01:36:38.700] She is attempting to get in contact with him and to see what can be done from [01:36:38.700 --> 01:36:41.700] that end. [01:36:41.700 --> 01:36:42.700] That's encouraging. [01:36:42.700 --> 01:36:43.700] I didn't know that happened. [01:36:43.700 --> 01:36:47.700] I talked to Desi twice today and I haven't gotten that news, so that's good [01:36:47.700 --> 01:36:49.700] news. [01:36:49.700 --> 01:36:54.700] But she is being held with no bond right now and she's being charged once again [01:36:54.700 --> 01:36:58.700] for the same crime, assault against a public servant. [01:36:58.700 --> 01:37:01.700] And all she did was challenge Doug Shaver. [01:37:01.700 --> 01:37:03.700] He's a visiting judge. [01:37:03.700 --> 01:37:11.700] He retires in 2001 as a senior judge but hasn't taken an oath since 1999. [01:37:11.700 --> 01:37:13.700] And she challenged his oath. [01:37:13.700 --> 01:37:18.700] Desi is on the stand giving testimony about Pareto Bell bonds versus the state [01:37:18.700 --> 01:37:19.700] of Texas. [01:37:19.700 --> 01:37:22.700] And then Eddie gave you the rest of the story and that's what happened. [01:37:22.700 --> 01:37:28.700] She's still being held so far until June the 13th until her trial. [01:37:28.700 --> 01:37:31.700] And we're trying to do everything we can to get her home before Easter so she [01:37:31.700 --> 01:37:33.700] can be with her family. [01:37:33.700 --> 01:37:39.700] And I've gone after her property with Desi and several other men and we've [01:37:39.700 --> 01:37:46.700] videotaped the two-mile walk and there's five no trespassing signs. [01:37:46.700 --> 01:37:50.700] And a U.S. Census worker is to turn around when they see the first one. [01:37:50.700 --> 01:37:58.700] So this is all just criminal conspiracy and organized crime in Williamson County [01:37:58.700 --> 01:38:00.700] and it's John Bradley once again. [01:38:00.700 --> 01:38:03.700] I'm not quite understanding why they're charging her in the state courts. [01:38:03.700 --> 01:38:07.700] If this is a federal employee, the feds should be charging her. [01:38:07.700 --> 01:38:09.700] This doesn't even make any sense. [01:38:09.700 --> 01:38:11.700] The feds never picked it up. [01:38:11.700 --> 01:38:15.700] We contacted the Dallas office to see if they were even aware of it, the [01:38:15.700 --> 01:38:22.700] regional census office, and they don't know anything about this. [01:38:22.700 --> 01:38:27.700] It's all fabricated with the district attorney's office and there are several [01:38:27.700 --> 01:38:28.700] parties. [01:38:28.700 --> 01:38:31.700] I don't have the paperwork in front of me right now, but there's about five [01:38:31.700 --> 01:38:35.700] people that are conspiring against Carolyn because she stands up to [01:38:35.700 --> 01:38:39.700] Williamson County and she is a hell of an attorney. [01:38:39.700 --> 01:38:41.700] And I would even say she's a missionary lawyer. [01:38:41.700 --> 01:38:44.700] She stands up for the truth and won't budge one bit. [01:38:44.700 --> 01:38:52.700] She is a bulldog in the courtroom and they do not like it. [01:38:52.700 --> 01:38:56.700] Sir, have you filed any criminal charges against any of the actors? [01:38:56.700 --> 01:38:58.700] Williamson County Sheriff's Department. [01:38:58.700 --> 01:39:02.700] Brian, Randy, can you speak up a little bit because Brian didn't hear you. [01:39:02.700 --> 01:39:04.700] Randy, will you repeat your question? [01:39:04.700 --> 01:39:08.700] Have you filed any criminal charges against any of the actors expressing this [01:39:08.700 --> 01:39:09.700] judge? [01:39:09.700 --> 01:39:10.700] No, sir. [01:39:10.700 --> 01:39:13.700] Any Genesaconda complaints against the judge? [01:39:13.700 --> 01:39:14.700] No, sir. [01:39:14.700 --> 01:39:16.700] I haven't had a chance to do that yet. [01:39:16.700 --> 01:39:21.700] You might look at Chapter 52 Code of Criminal Procedure. [01:39:21.700 --> 01:39:26.700] Petition for a court of inquiry. [01:39:26.700 --> 01:39:31.700] The difficulty is getting it out of Williamson County. [01:39:31.700 --> 01:39:34.700] Is this judge a county judge or a district judge? [01:39:34.700 --> 01:39:40.700] He is a retired senior judge that is visiting just on the list. [01:39:40.700 --> 01:39:42.700] He is assigned to her particular case. [01:39:42.700 --> 01:39:45.700] He is a district judge over there right now, Randy. [01:39:45.700 --> 01:39:49.700] If he is district, the district judges are paid out of the state funds. [01:39:49.700 --> 01:39:53.700] You can charge him in Travis County. [01:39:53.700 --> 01:39:57.700] Travis County has no love for Williamson County. [01:39:57.700 --> 01:40:00.700] So you might come to the Travis County District Attorney with criminal charges [01:40:00.700 --> 01:40:04.700] against this judge for impersonating a judicial officer. [01:40:04.700 --> 01:40:05.700] Okay. [01:40:05.700 --> 01:40:12.700] And petition in Travis County for a court of inquiry. [01:40:12.700 --> 01:40:13.700] Okay. [01:40:13.700 --> 01:40:17.700] I do have one question about when you filed a writ of habeas corpus with the [01:40:17.700 --> 01:40:25.700] Court of Criminal Appeals, did they demand a motion for leave to file? [01:40:25.700 --> 01:40:28.700] Technically, I haven't been involved on that front end. [01:40:28.700 --> 01:40:29.700] That's been deafy. [01:40:29.700 --> 01:40:35.700] So I don't know the particulars, what kind of interference she's having to run there. [01:40:35.700 --> 01:40:36.700] Okay. [01:40:36.700 --> 01:40:40.700] Because when I filed one, they demanded a motion for leave to file, [01:40:40.700 --> 01:40:43.700] then denied the motion, so I put them all in front of a grand jury. [01:40:43.700 --> 01:40:48.700] So I was wondering if they were still requiring that. [01:40:48.700 --> 01:40:50.700] I didn't hear deafy mention that at all. [01:40:50.700 --> 01:40:54.700] She seemed like that they had taken it and filed it, [01:40:54.700 --> 01:40:57.700] and were just waiting for it to be heard. [01:40:57.700 --> 01:40:58.700] Good news. [01:40:58.700 --> 01:41:02.700] That means the grand jury worked. [01:41:02.700 --> 01:41:07.700] We put them in front of a grand jury in April, and the grand jury held them till May, [01:41:07.700 --> 01:41:12.700] I mean till August, their last day in office, and they no-build them. [01:41:12.700 --> 01:41:13.700] So I nearly got them. [01:41:13.700 --> 01:41:16.700] So maybe they changed some policy. [01:41:16.700 --> 01:41:19.700] But I would definitely look at a court of inquiry. [01:41:19.700 --> 01:41:24.700] This is exactly what that particular statute was designed for. [01:41:24.700 --> 01:41:25.700] Okay. [01:41:25.700 --> 01:41:26.700] I did not know that. [01:41:26.700 --> 01:41:28.700] Thank you for sharing that with me. [01:41:28.700 --> 01:41:30.700] You're very welcome. [01:41:30.700 --> 01:41:33.700] But that's about it really that I wanted to cover, [01:41:33.700 --> 01:41:38.700] and I do appreciate you guys and your energy and being on the radio. [01:41:38.700 --> 01:41:43.700] I listen to you guys quite often, and you guys are on point. [01:41:43.700 --> 01:41:44.700] All right. [01:41:44.700 --> 01:41:45.700] Well, thank you, Brian. [01:41:45.700 --> 01:41:50.700] And the last thing I'll say, I'll close with a Thomas Payne quote. [01:41:50.700 --> 01:41:56.700] I expect to reap the blessings of freedom must undergo the fatigue of supporting it. [01:41:56.700 --> 01:41:59.700] It can be fatiguing, that's for sure, but it's worth it. [01:41:59.700 --> 01:42:01.700] Well, really, again, I appreciate you guys' effort, [01:42:01.700 --> 01:42:03.700] and I won't take up any more of your time. [01:42:03.700 --> 01:42:04.700] I know there's other callers. [01:42:04.700 --> 01:42:05.700] All right. [01:42:05.700 --> 01:42:06.700] Thanks, Brian. [01:42:06.700 --> 01:42:07.700] Talk to you guys soon. [01:42:07.700 --> 01:42:08.700] Okay. [01:42:08.700 --> 01:42:09.700] Good night. [01:42:09.700 --> 01:42:10.700] All right. [01:42:10.700 --> 01:42:14.700] We are going now to Mike in Texas, and then we've got Randy in Texas. [01:42:14.700 --> 01:42:17.700] Mike, what is your question or comment tonight? [01:42:17.700 --> 01:42:20.700] Well, I feel kind of bad following up with Carolyn Barnes. [01:42:20.700 --> 01:42:22.700] My sympathy goes out to her. [01:42:22.700 --> 01:42:26.700] Just I guess a real quick question. [01:42:26.700 --> 01:42:27.700] Let's see. [01:42:27.700 --> 01:42:30.700] On my water bottle case, it finally went to appeal. [01:42:30.700 --> 01:42:32.700] It went to the visiting judge. [01:42:32.700 --> 01:42:39.700] The judge immediately dismissed both the writ amendment and the appellate brief [01:42:39.700 --> 01:42:46.700] by entering new evidence into the record and then just immediately quashed the appeal. [01:42:46.700 --> 01:42:53.700] I followed up with a notice of fraud and tried to acquire the judge's oath [01:42:53.700 --> 01:42:55.700] and rendered some difficulties there. [01:42:55.700 --> 01:42:58.700] But it appears that the issue is dead. [01:42:58.700 --> 01:43:01.700] Neither the city has claimed that they are one, [01:43:01.700 --> 01:43:08.700] and neither Travis County has given me any notice on the status of this. [01:43:08.700 --> 01:43:10.700] It seems to be a dead issue, [01:43:10.700 --> 01:43:12.700] and I didn't know if there's something else I need to file [01:43:12.700 --> 01:43:22.700] or something else I can do to add some energy to it to move it to another stage. [01:43:22.700 --> 01:43:25.700] Randy? [01:43:25.700 --> 01:43:27.700] I'm just talking like somebody needed my mic again. [01:43:27.700 --> 01:43:29.700] Was this in the county court? [01:43:29.700 --> 01:43:32.700] Yes, it was in Austin. [01:43:32.700 --> 01:43:37.700] It went up to the county for appeal. [01:43:37.700 --> 01:43:41.700] This was the PSA water bottle case that wasn't really about the water bottle. [01:43:41.700 --> 01:43:43.700] Yes, I understand. [01:43:43.700 --> 01:43:45.700] Okay, we'll pick this up on the other side. [01:43:45.700 --> 01:43:49.700] This is Randy Kelton, Debra Stevens, Eddie Craig, Move La Radio. [01:43:49.700 --> 01:44:00.700] We'll be right back. [01:44:00.700 --> 01:44:06.700] More energy, stronger immune power, improved sense of well-being. [01:44:06.700 --> 01:44:10.700] How many supplements have you heard boast of these benefits? 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[01:45:00.700 --> 01:45:03.700] Are you the plaintiff or defendant in a lawsuit? [01:45:03.700 --> 01:45:07.700] Win your case without an attorney with Jurisdictionary, the affordable, [01:45:07.700 --> 01:45:14.700] easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step. [01:45:14.700 --> 01:45:18.700] If you have a lawyer, know what your lawyer should be doing. [01:45:18.700 --> 01:45:22.700] If you don't have a lawyer, know what you should do for yourself. [01:45:22.700 --> 01:45:27.700] Thousands have won with our step-by-step course, and now you can too. [01:45:27.700 --> 01:45:33.700] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:33.700 --> 01:45:38.700] Even if you're not in a lawsuit, you can learn what everyone should understand [01:45:38.700 --> 01:45:42.700] about the principles and practices that control our American courts. [01:45:42.700 --> 01:45:48.700] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:48.700 --> 01:45:51.700] pro se tactics, and much more. [01:45:51.700 --> 01:45:55.700] Please visit RuleOfLawRadio.com and click on the banner [01:45:55.700 --> 01:45:59.700] or call toll-free, 866-LAW-EZ. [01:46:15.700 --> 01:46:17.700] Okay, folks, we are back. [01:46:17.700 --> 01:46:21.700] We are speaking with Mike in Texas concerning this appeal. [01:46:21.700 --> 01:46:25.700] We've got some ideas for you guys and for you, Mike. [01:46:25.700 --> 01:46:30.700] Randy was saying you've got to file a judicial conduct complaint against this judge, [01:46:30.700 --> 01:46:32.700] and I say bar-grieve him too. [01:46:32.700 --> 01:46:35.700] Now, if he's an attorney, which he likely is, now Randy says, [01:46:35.700 --> 01:46:38.700] well, he can't be a practicing attorney if he holds this position. [01:46:38.700 --> 01:46:43.700] That may be true, but that doesn't mean that he's necessarily given up his bar card, [01:46:43.700 --> 01:46:47.700] so bar-grieve him anyway, and that will make sure he never practices again. [01:46:47.700 --> 01:46:48.700] Right, Randy? [01:46:48.700 --> 01:46:52.700] Yes. [01:46:52.700 --> 01:46:58.700] And, Mike, have you requested findings of fact and conclusions at law from the judge? [01:46:58.700 --> 01:47:00.700] Yes, I have. [01:47:00.700 --> 01:47:02.700] Has the judge responded? [01:47:02.700 --> 01:47:03.700] No. [01:47:03.700 --> 01:47:08.700] Judicial conduct complaint for that, that's a ministerial violation. [01:47:08.700 --> 01:47:11.700] That you can sue him for. [01:47:11.700 --> 01:47:20.700] He has a ministerial duty to tell you why he dismissed your appeal so that you will know how to continue your appeals. [01:47:20.700 --> 01:47:23.700] So he's denying you a due process. [01:47:23.700 --> 01:47:26.700] You need to send him a court letter. [01:47:26.700 --> 01:47:27.700] Okay. [01:47:27.700 --> 01:47:30.700] And consider criminal charges against him. [01:47:30.700 --> 01:47:31.700] Okay. [01:47:31.700 --> 01:47:36.700] Yes, I guess all those were on the process. [01:47:36.700 --> 01:47:45.700] I just didn't know if there was some other legal process I needed to file for a hearing or motion. [01:47:45.700 --> 01:47:50.700] You may well start, as you're doing this, looking at Chapter 52 as well. [01:47:50.700 --> 01:47:51.700] Okay. [01:47:51.700 --> 01:48:02.700] On Court of Inquiry, because Court of Inquiry is similar to a examining trial, [01:48:02.700 --> 01:48:12.700] but it is specifically designed to examine into public officials for misfeasance or malfeasance in office. [01:48:12.700 --> 01:48:13.700] Okay. [01:48:13.700 --> 01:48:15.700] That's the tool you need. [01:48:15.700 --> 01:48:23.700] And now you look at, when you appeal to the higher courts, you know, your case essentially can go all the way to the Supreme. [01:48:23.700 --> 01:48:24.700] Okay. [01:48:24.700 --> 01:48:27.700] I mean, the Federal Supreme. [01:48:27.700 --> 01:48:37.700] So you can really jerk a knot in them, and there's a very good chance that, you know, this is going to get thrown out. [01:48:37.700 --> 01:48:38.700] Okay. [01:48:38.700 --> 01:48:40.700] Okay. [01:48:40.700 --> 01:48:41.700] All right. [01:48:41.700 --> 01:48:42.700] Thank you. [01:48:42.700 --> 01:48:43.700] Thank you for the time. [01:48:43.700 --> 01:48:44.700] All right. [01:48:44.700 --> 01:48:45.700] Thank you, Mike. [01:48:45.700 --> 01:48:46.700] Sorry for bothering you. [01:48:46.700 --> 01:48:47.700] Mike, you have really done well. [01:48:47.700 --> 01:48:48.700] Yeah, you're doing great, Mike. [01:48:48.700 --> 01:48:49.700] Keep at him. [01:48:49.700 --> 01:48:50.700] Keep up the faith. [01:48:50.700 --> 01:48:51.700] Keep kicking their butt. [01:48:51.700 --> 01:48:52.700] Okay. [01:48:52.700 --> 01:48:53.700] Thank you. [01:48:53.700 --> 01:48:54.700] Okay. [01:48:54.700 --> 01:48:55.700] Great. [01:48:55.700 --> 01:48:56.700] Okay. [01:48:56.700 --> 01:48:58.700] So we've got Randy and Jimmy on the line. [01:48:58.700 --> 01:49:01.700] Randy's first, and then Jimmy. [01:49:01.700 --> 01:49:05.700] Jimmy has a question about how to deal with marijuana busts. [01:49:05.700 --> 01:49:06.700] Sorry, Jimmy. [01:49:06.700 --> 01:49:07.700] You're one day late. [01:49:07.700 --> 01:49:08.700] Yesterday was 420. [01:49:08.700 --> 01:49:09.700] Sorry. [01:49:09.700 --> 01:49:10.700] No, I'm just kidding. [01:49:10.700 --> 01:49:11.700] We'll take your call, Randy. [01:49:11.700 --> 01:49:13.700] We'll take your call, Jimmy, in just one moment. [01:49:13.700 --> 01:49:14.700] First we go to Randy. [01:49:14.700 --> 01:49:16.700] Randy, thank you for calling in. [01:49:16.700 --> 01:49:18.700] What is your question or comment tonight? [01:49:18.700 --> 01:49:21.700] Yeah, I'm just following up. [01:49:21.700 --> 01:49:28.700] I've been talking with Eddie about a speeding ticket I got a few weeks back. [01:49:28.700 --> 01:49:38.700] I went to Boston Municipal Court yesterday, and I asked to file a motion for continuance, [01:49:38.700 --> 01:49:43.700] and I had the – I don't know who you call on the person behind the counter there. [01:49:43.700 --> 01:49:46.700] They said, you can't do that unless you enter a plea. [01:49:46.700 --> 01:49:51.700] Eddie had shot me an email saying, that's not in the law. [01:49:51.700 --> 01:49:56.700] You can file a motion without having to enter a plea. [01:49:56.700 --> 01:49:59.700] And if they say that again, ask them to show you the law. [01:49:59.700 --> 01:50:02.700] So I said, could you please show me the law that says that? [01:50:02.700 --> 01:50:04.700] And he said, no. [01:50:04.700 --> 01:50:07.700] I have this on audio recording. [01:50:07.700 --> 01:50:11.700] You should file a criminal charge against him for that. [01:50:11.700 --> 01:50:12.700] Okay. [01:50:12.700 --> 01:50:15.700] Official oppression, 3903P code. [01:50:15.700 --> 01:50:18.700] Remember I told you, if they tell you something like that again, [01:50:18.700 --> 01:50:24.700] tell them that you're going to file a criminal complaint for impersonating a public official. [01:50:24.700 --> 01:50:30.700] They're trying to impersonate a magistrate, which they have no authority to do, for one. [01:50:30.700 --> 01:50:35.700] And there is nothing in the clerk's duties that allows them to say you can [01:50:35.700 --> 01:50:40.700] or cannot file a motion in your case. [01:50:40.700 --> 01:50:43.700] Yeah, I suggest you call the police department. [01:50:43.700 --> 01:50:48.700] If you're down there, ask for security. [01:50:48.700 --> 01:50:53.700] And then ask the security to arrest the clerk. [01:50:53.700 --> 01:50:54.700] I've done that. [01:50:54.700 --> 01:50:58.700] It is a hoot. [01:50:58.700 --> 01:51:04.700] You should have seen the Randall County district clerk when she wouldn't show me some records, [01:51:04.700 --> 01:51:09.700] and I walked right out of her office, got security, and told them to arrest her. [01:51:09.700 --> 01:51:13.700] The look on her face was priceless. [01:51:13.700 --> 01:51:16.700] And watching these police officers do a chicken dance, [01:51:16.700 --> 01:51:23.700] trying to keep from having to do what they were supposed to do, it was glorious. [01:51:23.700 --> 01:51:30.700] And Eddie was with me the next time I went there, and these guys were really high-stepping. [01:51:30.700 --> 01:51:31.700] Yeah, I bet they were. [01:51:31.700 --> 01:51:32.700] They didn't want to get into that again. [01:51:32.700 --> 01:51:34.700] Hopefully they weren't goose-stepping. [01:51:34.700 --> 01:51:35.700] No, they weren't goose-stepping. [01:51:35.700 --> 01:51:37.700] Randy, do you have anything else? [01:51:37.700 --> 01:51:41.700] Well, yeah, I mean, to be honest with you, my voice was shaking. [01:51:41.700 --> 01:51:46.700] I had my laptop computer open with the email because I was trying to read it. [01:51:46.700 --> 01:51:51.700] I was trying to digest it earlier, but I was at the Capitol all day fighting these toll roads. [01:51:51.700 --> 01:51:54.700] And it was at night, and I was tired, and I was nervous. [01:51:54.700 --> 01:51:58.700] And I feel like I'm a baby trying to learn how to walk. [01:51:58.700 --> 01:52:03.700] And I don't even know why I'm filing a motion of continuance. [01:52:03.700 --> 01:52:07.700] I just know Eddie had recommended that. [01:52:07.700 --> 01:52:09.700] What is my objective here? [01:52:09.700 --> 01:52:10.700] I mean... [01:52:10.700 --> 01:52:14.700] Your objective is to get a little bit more time so you can get better prepared to make your argument. [01:52:14.700 --> 01:52:17.700] That's why you're asking for the continuance. [01:52:17.700 --> 01:52:18.700] Okay. [01:52:18.700 --> 01:52:19.700] Well, he did give me... [01:52:19.700 --> 01:52:20.700] Okay. [01:52:20.700 --> 01:52:21.700] Do you have kids? [01:52:21.700 --> 01:52:24.700] No, I'm a single guy. [01:52:24.700 --> 01:52:25.700] Okay. [01:52:25.700 --> 01:52:27.700] Have you ever dealt with kids? [01:52:27.700 --> 01:52:32.700] Does your brother or sisters or anyone like that have kids? [01:52:32.700 --> 01:52:34.700] My sister's got two, my niece and nephew. [01:52:34.700 --> 01:52:38.700] Have you ever been asked to watch them? [01:52:38.700 --> 01:52:43.700] I don't have a lot of experience watching kids. [01:52:43.700 --> 01:52:45.700] Well, I guess the metaphor won't help. [01:52:45.700 --> 01:52:50.700] But treat the public servants like they're the kids you're put in charge of. [01:52:50.700 --> 01:52:53.700] Don't let them tell you what the rules are. [01:52:53.700 --> 01:52:58.700] You have to know the rules better than they do. [01:52:58.700 --> 01:53:01.700] And in this case, don't be afraid of the public servant. [01:53:01.700 --> 01:53:02.700] Don't be nervous. [01:53:02.700 --> 01:53:08.700] They're the one lying through their teeth and committing a crime, not you. [01:53:08.700 --> 01:53:13.700] You need to let them know that you know that and you will not tolerate it. [01:53:13.700 --> 01:53:20.700] It's a lot more fun if you're going in there setting them up so you can call the police on them. [01:53:20.700 --> 01:53:24.700] It changes the whole perspective. [01:53:24.700 --> 01:53:33.700] It's like you've got this little tar baby you're holding out there and you're saying, come on, come on, touch it for me, touch my tar baby. [01:53:33.700 --> 01:53:36.700] It makes it a whole lot easier to do what you need to. [01:53:36.700 --> 01:53:37.700] Yeah. [01:53:37.700 --> 01:53:45.700] I wish Marnie was out there listening and would call in and tell you what her clerk did when she was down there trying to file a motion and her clerk wouldn't take it. [01:53:45.700 --> 01:53:50.700] She put me on speakerphone and I said, now tell me what's going on. [01:53:50.700 --> 01:54:01.700] She told me what the clerk was saying and right there, as loud as that phone would play in the lobby of the municipal court, you tell him he is full of crap. [01:54:01.700 --> 01:54:03.700] This is what he better do. [01:54:03.700 --> 01:54:05.700] This is what the law says he will do. [01:54:05.700 --> 01:54:11.700] And if he doesn't do it, call a cop and charge him. [01:54:11.700 --> 01:54:13.700] Well, she got to file her motion. [01:54:13.700 --> 01:54:14.700] No more hassles. [01:54:14.700 --> 01:54:19.700] And they talked to her with a smile every time she went down there after that. [01:54:19.700 --> 01:54:30.700] Well, what I did get, Eddie, was I couldn't make the date that they had on the citation because it was a time I couldn't make it. [01:54:30.700 --> 01:54:35.700] So I got them to push it out a little over a week to come back. [01:54:35.700 --> 01:54:41.700] So I'm due back on the 11th of May. [01:54:41.700 --> 01:54:43.700] Okay. [01:54:43.700 --> 01:54:49.700] So that's when I give them my motion. Well, no, I got to give it to them before then, right, the continuance. [01:54:49.700 --> 01:54:54.700] Yeah, that's the whole point is to get the continuance. [01:54:54.700 --> 01:55:00.700] So when I go down there and if they do that again, call the cops and ask them to... [01:55:00.700 --> 01:55:09.700] Yeah, tell the cops the clerk of the court is impersonating a magistrate and you wish to press criminal charges against them for it. [01:55:09.700 --> 01:55:17.700] Okay, what the security is going to tell you or the cops going to tell you, well, I can't take a complaint against the clerk. [01:55:17.700 --> 01:55:23.700] You tell them, well, you know, life is filled with little decisions. We all get to make some. [01:55:23.700 --> 01:55:27.700] You're going to do your job or you're going to shield her from prosecution. [01:55:27.700 --> 01:55:29.700] Frankly, I don't care which. [01:55:29.700 --> 01:55:41.700] I'm just doing this so that I get a, that I memorialize the event. And if I memorialize it by filing criminal charges against her or criminal charges against you, it doesn't matter to me. [01:55:41.700 --> 01:55:45.700] So take your best shot. Do whatever you want to. [01:55:45.700 --> 01:55:48.700] Then you get to see their chicken dance. [01:55:48.700 --> 01:55:50.700] But don't threaten them. [01:55:50.700 --> 01:55:53.700] Just tell them, you know, do whatever you want to. I don't care. [01:55:53.700 --> 01:55:56.700] I'm just following all the steps. [01:55:56.700 --> 01:56:00.700] They recognize it when you're setting them up. [01:56:00.700 --> 01:56:06.700] I have very little trouble for these people because they recognize that I'm setting them up. [01:56:06.700 --> 01:56:16.700] And if you go in there with that idea that you're just trying to get as many people to stick to your baby as possible, they didn't make it a whole lot easier. [01:56:16.700 --> 01:56:23.700] Hey, Randy, listen, why don't you call back? Because we've got two minutes left and I wanted to squeeze in one more caller. [01:56:23.700 --> 01:56:24.700] Okay. [01:56:24.700 --> 01:56:27.700] We've got a four-hour show tomorrow night. [01:56:27.700 --> 01:56:28.700] We'll have more time for everybody. [01:56:28.700 --> 01:56:29.700] You got it. [01:56:29.700 --> 01:56:30.700] Okay. [01:56:30.700 --> 01:56:31.700] All right. [01:56:31.700 --> 01:56:32.700] Okay, thank you. [01:56:32.700 --> 01:56:33.700] All right. [01:56:33.700 --> 01:56:36.700] We've got Jimmy from Texas with a question about a 420 arrest. [01:56:36.700 --> 01:56:39.700] Jimmy, we barely have enough time left. [01:56:39.700 --> 01:56:52.700] But listen, I wanted to tell you to go to Randy's website, Jurisimprudence.com, and download his habeas corpus, his writ of habeas corpus, petition for writ of habeas corpus, that is. [01:56:52.700 --> 01:56:58.700] And you will get an idea of all the laws that they break every time they arrest anyone for any reason. [01:56:58.700 --> 01:57:05.700] That's a writ of Jurisimprudence.com and writ of habeas corpus? Is that a file or something? [01:57:05.700 --> 01:57:06.700] Yes. [01:57:06.700 --> 01:57:17.700] It's about a 50-page document, and that will basically tell you everything you need to know about all the laws that are broken every time the police make an arrest of anybody for any reason whatsoever. [01:57:17.700 --> 01:57:18.700] Oh, okay. [01:57:18.700 --> 01:57:20.700] That's great because, yeah, this is a little short. [01:57:20.700 --> 01:57:31.700] I mean, this was also something that happened to me a while back, and it also created the reason that I have been studying law for this time. [01:57:31.700 --> 01:57:39.700] And I tell you, you know, from what I knew, I was doing UCC commercial code at the time, and I was really an idiot, didn't know any of my rights, nothing. [01:57:39.700 --> 01:57:44.700] But I don't know if that's the type of thing. [01:57:44.700 --> 01:57:45.700] Can you go back through? [01:57:45.700 --> 01:57:53.700] I think I got them, you know, you get the flack when you're over the target, but I didn't have any way to really – I didn't know what I – [01:57:53.700 --> 01:57:56.700] Well, have you already taken a plea deal or something? [01:57:56.700 --> 01:57:58.700] Yeah, this was about two years ago. [01:57:58.700 --> 01:58:02.700] Oh, so you want to know what can be done, like, for the next time? [01:58:02.700 --> 01:58:09.700] Yeah, and, you know, just in general, yeah, just generally education, or if, I don't know, if there's anything you can do. [01:58:09.700 --> 01:58:18.700] Start off by reading Randy's petition for rid of habeas corpus so you can get an idea of all the laws that are broken and a general sense of due process. [01:58:18.700 --> 01:58:20.700] Okay, that sounds real good. [01:58:20.700 --> 01:58:22.700] All right, we've got about 30 seconds left. [01:58:22.700 --> 01:58:25.700] Randy, did you have any quick comments? [01:58:25.700 --> 01:58:41.700] No, just absolutely read that. It has about 21 due process violations on every arrest, and there may be something you can do to overcome the plea bargain because they got it based on violation to due process. [01:58:41.700 --> 01:58:47.700] All right, folks, fantastic. We will be back tomorrow night for our four-hour info marathon on Friday night. [01:58:47.700 --> 01:58:54.700] So make sure you tune in, 8 p.m. Central Time, 8 to midnight, for the rule of law Friday four-hour info marathon. [01:58:54.700 --> 01:58:58.700] I'm Deborah Stevens. We're here with Randy Kelton and Eddie Craig. Have a blessed evening. [01:59:25.700 --> 01:59:29.700] I'm like a stepping erase. [01:59:29.700 --> 01:59:31.700] Watch out my eyes. [01:59:31.700 --> 01:59:33.700] I'm dangerous. [01:59:33.700 --> 01:59:35.700] I'm dangerous. [01:59:35.700 --> 01:59:37.700] I'm like a jumping erase. [01:59:37.700 --> 01:59:39.700] Watch my eyes. [01:59:39.700 --> 01:59:41.700] I'm dangerous. [01:59:41.700 --> 01:59:43.700] I'm dangerous. [01:59:43.700 --> 01:59:45.700] You eat out your mind. [01:59:45.700 --> 01:59:47.700] You treat me cool. [01:59:47.700 --> 01:59:49.700] It's a treat, let's do. [01:59:49.700 --> 01:59:51.700] You buy me a drink. [01:59:51.700 --> 01:59:53.700] You buy me a drink. [01:59:53.700 --> 01:59:55.700] You better change. [01:59:55.700 --> 02:00:23.700] You better be cool.