[00:00.000 --> 00:05.500]  Attention, morning coffee drinkers.
[00:05.500 --> 00:10.100]  The FBI says if you paid cash for that cup of Joe, you may be a potential terrorist.
[00:10.100 --> 00:14.300]  I'm Dr. Catherine Albrecht and I'll be back to tell you how the feds want to track your
[00:14.300 --> 00:16.780]  coffee habits next.
[00:16.780 --> 00:18.500]  Privacy is under attack.
[00:18.500 --> 00:22.100]  When you give up data about yourself, you'll never get it back again.
[00:22.100 --> 00:27.100]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.100 --> 00:28.620]  So protect your rights.
[00:28.620 --> 00:32.060]  Know to surveillance and keep your information to yourself.
[00:32.060 --> 00:34.860]  Privacy, it's worth hanging on to.
[00:34.860 --> 00:40.460]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[00:40.460 --> 00:42.180]  Yahoo and Bing.
[00:42.180 --> 00:44.180]  Start over with StartPage.
[00:44.180 --> 00:48.060]  What does a terrorist look like?
[00:48.060 --> 00:53.020]  According to the FBI, it could be anyone who cares about privacy, shielding their IP address
[00:53.020 --> 00:55.900]  on the web and always paying with cash.
[00:55.900 --> 01:01.740]  No joke, pay cash for a cup of coffee and the FBI says you too may be a potential criminal.
[01:01.740 --> 01:02.740]  It's all on a flyer.
[01:02.740 --> 01:08.300]  The FBI is circulating among internet cafe owners urging them to spy on their patrons.
[01:08.300 --> 01:10.460]  Are customers hiding their screens from view?
[01:10.460 --> 01:16.820]  Are they making voice over IP calls or using Google Earth to look at, say, train stations?
[01:16.820 --> 01:20.660]  Report them all, says the FBI, and become a member of the police state.
[01:20.660 --> 01:27.900]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:27.900 --> 01:34.620]  Is it iPhone or iSpy?
[01:34.620 --> 01:39.580]  In Germany, one man had to file a lawsuit to learn how his cell phone carrier was tracking
[01:39.580 --> 01:40.580]  his every move 24-7.
[01:40.580 --> 01:46.540]  I'm Dr. Catherine Albrecht and I'll have the creepy details in a moment.
[01:46.540 --> 01:48.260]  Privacy is under attack.
[01:48.260 --> 01:51.860]  When you give up data about yourself, you'll never get it back again.
[01:51.860 --> 01:56.860]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.860 --> 02:01.980]  So protect your rights, say no to surveillance and keep your information to yourself.
[02:01.980 --> 02:04.620]  Privacy, it's worth hanging on to.
[02:04.620 --> 02:10.220]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[02:10.220 --> 02:11.980]  Yahoo, and Bing.
[02:11.980 --> 02:15.500]  Start over with StartPage.
[02:15.500 --> 02:18.980]  Do you know how much data your cell phone company collects on you?
[02:18.980 --> 02:23.540]  In Germany, Green Party politician Malta Spitz didn't, so he asked.
[02:23.540 --> 02:25.940]  When his carrier objected, he sued.
[02:25.940 --> 02:29.140]  Tracking people's whereabouts is what phone companies do.
[02:29.140 --> 02:33.180]  To route calls efficiently, they ping customers' cell phones every few seconds.
[02:33.180 --> 02:38.380]  But when a court ordered Deutsche Telekom to cough up its records on Spitz, what he learned
[02:38.380 --> 02:39.380]  was shocking.
[02:39.380 --> 02:45.540]  In a six-month period, the company had logged his location 35,000 times, often to within
[02:45.540 --> 02:48.700]  a few hundred yards of his precise location.
[02:48.700 --> 02:51.940]  So the next time you turn on your cell phone, know this.
[02:51.940 --> 02:54.940]  Your carrier is not only watching, it's taking notes.
[02:54.940 --> 03:20.940]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[03:20.940 --> 03:36.940]  Howdy, howdy.
[03:36.940 --> 03:51.940]  This is Randy Cudden, Devil's Devil, Teddy Craig, and here's how radio this is, Friday,
[03:51.940 --> 03:58.700]  the 13th, 2012, our lucky day, the week after my birthday, of which I don't have any of
[03:58.700 --> 04:01.300]  any more.
[04:01.300 --> 04:08.540]  We look like today, we already have a couple of callers on the board, and it looked like
[04:08.540 --> 04:14.580]  a holdover, some part of a holdover from last night, so instead of us ratting and raving
[04:14.580 --> 04:22.060]  and going into our various diatribes, we will start right out with going to callers.
[04:22.060 --> 04:32.420]  So if you have a question or comment, call in or call in number, it's 512-646-1984,
[04:32.420 --> 04:36.180]  get on the board, this could be a busy night.
[04:36.180 --> 04:40.020]  Okay, we're going to go to Bryant in Texas.
[04:40.020 --> 04:45.420]  Bryant, what do you have for us?
[04:45.420 --> 04:52.900]  Yeah, can you hear me?
[04:52.900 --> 04:58.220]  There we go, yeah, my page didn't refresh, so it didn't show me whether you were, whether
[04:58.220 --> 04:59.220]  you were not.
[04:59.220 --> 05:00.220]  There we go.
[05:00.220 --> 05:02.620]  Okay, what do you have for us, Bryant?
[05:02.620 --> 05:10.860]  Well, today I had fun, since it was Friday the 13th, I filed a criminal in a district
[05:10.860 --> 05:21.500]  court, and the secretary didn't want to initialize, and then the assistant district attorney came
[05:21.500 --> 05:26.260]  out, they didn't want to take it, I said, look, I've already been to the police station,
[05:26.260 --> 05:30.500]  they didn't want to take it, so here you are for the grand jury.
[05:30.500 --> 05:34.220]  And I got it all the way here because...
[05:34.220 --> 05:37.900]  Wait a minute, we're kind of fading out.
[05:37.900 --> 05:41.060]  Did you say you have a criminal complaint?
[05:41.060 --> 05:43.180]  Bryant, are you on a speaker phone?
[05:43.180 --> 05:44.660]  No, I'm not.
[05:44.660 --> 05:49.260]  Okay, then you're not staying facing your speaker or your mic or whatever, you're turning
[05:49.260 --> 05:52.500]  your head or something because you keep disappearing on us.
[05:52.500 --> 05:53.740]  Okay, I'm sorry.
[05:53.740 --> 05:57.900]  So back up to the point where you said here you are for the grand jury.
[05:57.900 --> 06:07.860]  Yeah, I gave a criminal complaint, and they took it, but they were really hesitant.
[06:07.860 --> 06:09.660]  How about doing that?
[06:09.660 --> 06:11.660]  Oh, where are you?
[06:11.660 --> 06:16.540]  I'm in your face at least in County and Cleaver.
[06:16.540 --> 06:20.060]  Wait, oh, Cleaver, Johnson County?
[06:20.060 --> 06:21.060]  Yeah.
[06:21.060 --> 06:25.220]  Oh, tell them I sent you.
[06:25.220 --> 06:30.340]  If they ask, next time I go in with the rest of the complaints, I will.
[06:30.340 --> 06:36.220]  Yeah, you tell them I sent you, you watch their attitude change really fast.
[06:36.220 --> 06:49.380]  Because I presented the Johnson County District attorney to the grand jury in Cleaver, and
[06:49.380 --> 06:53.500]  they didn't indict him, but they almost did.
[06:53.500 --> 07:03.660]  So if they know that you know me, then they'll know that you know the routine, and they're
[07:03.660 --> 07:06.980]  likely to get up off the dime.
[07:06.980 --> 07:10.820]  Yeah, well, we can hope so.
[07:10.820 --> 07:17.100]  They really wanted me to go to the police chief, and I told them I said, look, I already
[07:17.100 --> 07:18.100]  talked to them.
[07:18.100 --> 07:19.100]  Wait a minute.
[07:19.100 --> 07:20.260]  You're breaking up somehow.
[07:20.260 --> 07:22.460]  Are you on a cell phone?
[07:22.460 --> 07:28.900]  Yeah, I think what I'm going to do is hang out because apparently I'm getting bad reception
[07:28.900 --> 07:29.900]  tonight.
[07:29.900 --> 07:37.460]  Yeah, you get about two words, and then we get a blank spot, and it's hard to understand.
[07:37.460 --> 07:43.700]  Maybe you should go up on the roof and hang on the antenna.
[07:43.700 --> 07:46.860]  We used to have a guy in South Texas that would call in regularly, and he would climb
[07:46.860 --> 07:51.460]  up his water tower, and he was in a wheelchair.
[07:51.460 --> 07:57.860]  Otherwise, I'd call up warming Cleaver, and I thought I might call out here, and let me
[07:57.860 --> 08:01.220]  ask you, do you hear me any better now?
[08:01.220 --> 08:05.220]  I can, some, you're kind of still fading in and out.
[08:05.220 --> 08:09.220]  Yeah, well, I think what I'll do is let you go.
[08:09.220 --> 08:12.700]  I'm going to send you a link to the YouTube video.
[08:12.700 --> 08:17.180]  I don't want to say it on the air because I'm really not out to promote it, but I'll
[08:17.180 --> 08:19.980]  send you a link on your email.
[08:19.980 --> 08:21.980]  Okay, thank you.
[08:21.980 --> 08:24.220]  Okay, thank you, Andy.
[08:24.220 --> 08:30.100]  Okay, now we're going to go to Chris in Texas.
[08:30.100 --> 08:33.220]  Chris, what do you have for us tonight?
[08:33.220 --> 08:34.220]  Hey, Randy.
[08:34.220 --> 08:35.220]  Hey, Eddie.
[08:35.220 --> 08:36.220]  How y'all doing?
[08:36.220 --> 08:37.220]  Hey.
[08:37.220 --> 08:38.220]  We're doing good.
[08:38.220 --> 08:40.220]  So far so grand.
[08:40.220 --> 08:43.220]  Are you the Chris from last night?
[08:43.220 --> 08:44.220]  Yes, sir.
[08:44.220 --> 08:45.220]  I sure am.
[08:45.220 --> 08:52.220]  Okay, bring everybody back up to speed in case somebody wasn't listening last night.
[08:52.220 --> 09:04.220]  Okay, they executed a search warrant a couple of days ago at our house.
[09:04.220 --> 09:06.220]  They being who, Chris?
[09:06.220 --> 09:11.220]  They're our Fort Worth Police Department.
[09:11.220 --> 09:20.220]  Okay, and they took computers and computer and computer communication type equipment.
[09:20.220 --> 09:23.220]  And to have you...
[09:23.220 --> 09:27.220]  I took your advice to do a search.
[09:27.220 --> 09:31.220]  Okay, go ahead.
[09:31.220 --> 09:36.220]  And I went into everywhere that they told me there was a courtroom or a judge.
[09:36.220 --> 09:46.220]  And everyone that I spoke to today said that they didn't recognize that judge's signature
[09:46.220 --> 09:54.220]  and that that document did not originate in their offices or in their courtrooms.
[09:54.220 --> 09:59.220]  Well, now, where all did you go?
[09:59.220 --> 10:02.220]  Oh, I went first to the district courts.
[10:02.220 --> 10:11.220]  Then I went to another set of courts that I knew to be the civil courts.
[10:11.220 --> 10:12.220]  They sent me over there.
[10:12.220 --> 10:13.220]  I went over there.
[10:13.220 --> 10:15.220]  And then when I was over there, they said, no.
[10:15.220 --> 10:18.220]  They said, no, this came from down there at the traffic court.
[10:18.220 --> 10:23.220]  Well, I went down there, spoke to them.
[10:23.220 --> 10:28.220]  They say, no, this didn't come from here.
[10:28.220 --> 10:35.220]  Okay, did you go to any justices of the peace?
[10:35.220 --> 10:39.220]  No, I didn't know where you would find them.
[10:39.220 --> 10:45.220]  Well, a lot of times they will go to a justice of the peace, but if these are city police officers,
[10:45.220 --> 10:56.220]  they will almost certainly go to the municipal court, their municipal own municipal judges.
[10:56.220 --> 10:59.220]  So that is interesting.
[10:59.220 --> 11:12.220]  And now you have a reasonable probable cause to believe that these guys were not executing a search warrant, but they were thieving.
[11:12.220 --> 11:22.220]  I have now, but you can't go to the Fort Worth Police Department and accuse the Fort Worth Police Department of thieving
[11:22.220 --> 11:31.220]  because they will most likely throw you in jail for getting agitated.
[11:31.220 --> 11:34.220]  That's their favorite word, it's agitated.
[11:34.220 --> 11:38.220]  So when I talk to policemen, he gets a little annoyed with me.
[11:38.220 --> 11:43.220]  I tell him, calm down, don't get agitated.
[11:43.220 --> 11:49.220]  And that really agitates them.
[11:49.220 --> 11:57.220]  Okay, I suggest at this point, you have reasonable probable cause to believe.
[11:57.220 --> 12:08.220]  Do not take that to the Fort Worth Police Department, take it to the Terran County Sheriff.
[12:08.220 --> 12:16.220]  Okay, Randy, according to the seal and the signature on this warrant, this is a municipal court judge in the city of Fort Worth.
[12:16.220 --> 12:21.220]  Wonderful.
[12:21.220 --> 12:33.220]  So what they will most likely do is come up with a municipal judge who will assert that he signed it.
[12:33.220 --> 12:44.220]  But I would suggest that if you want to be really crafty, these guys are not very thoughtful.
[12:44.220 --> 12:49.220]  You might look up every municipal judge that they have.
[12:49.220 --> 12:59.220]  Find out when the judges have sat and then look up the docket for a time when they sit on the bench.
[12:59.220 --> 13:10.220]  Go pull a file that they have handled where they have entered a judgment of any kind or even better.
[13:10.220 --> 13:17.220]  Find out when they do the arraignment hearings at the jail.
[13:17.220 --> 13:27.220]  Because we know that might be hard to get to because they might give you some gulf about giving you the appearance docket for the jail.
[13:27.220 --> 13:45.220]  But just get a list of all of the municipal judges and go down to the court and ask when the judge last sat and ask for an appearance docket for that date.
[13:45.220 --> 13:47.220]  Okay.
[13:47.220 --> 13:51.220]  And then that will give you cases that he heard.
[13:51.220 --> 13:56.220]  And then pull a case and get a copy of his signature.
[13:56.220 --> 13:59.220]  Okay.
[13:59.220 --> 14:06.220]  And then go down and say, don't tell them you have all the signatures.
[14:06.220 --> 14:12.220]  Just tell them that you have this signature and you can't find out who it belongs to.
[14:12.220 --> 14:18.220]  And that let them talk some judge into popping up and saying, oh yeah, that's my signature.
[14:18.220 --> 14:27.220]  Okay, what it looks like is Randy on this, the last name is going to start with a T and F and or an L.
[14:27.220 --> 14:31.220]  I'm looking to see if I can figure out who that might be now.
[14:31.220 --> 14:40.220]  Okay, when it comes to signatures, I've been examining these court documents and the signature.
[14:40.220 --> 14:50.220]  I have signatures that don't look anything like something that would be the name that it's a signature for now.
[14:50.220 --> 14:58.220]  I don't know if those are actually the person's signature, but I've got really outrageous stuff.
[14:58.220 --> 15:15.220]  So it may or may not be helpful. I wouldn't limit it my search to those letters because it looks like sometimes these guys don't know how to spell their own names.
[15:15.220 --> 15:26.220]  But I would get in order to make this work, you have to have every single magistrates signature in your hand.
[15:26.220 --> 15:27.220]  Okay.
[15:27.220 --> 15:33.220]  And then look at those signatures and make sure they don't match this one.
[15:33.220 --> 15:49.220]  If one of them does match this one, then go to the municipal court and give them an information request to this judge's office to see this warrant.
[15:49.220 --> 15:58.220]  And the statement will probably cause him to support this warrant because he's required to produce it.
[15:58.220 --> 16:07.220]  Now, when he says, well, I don't know anything about this, you need to give him a written request.
[16:07.220 --> 16:10.220]  Give the admittance for court a written request.
[16:10.220 --> 16:11.220]  Okay.
[16:11.220 --> 16:20.220]  And they'll give you a written request back saying, we don't know what you're talking about, blah, blah, blah, and that's what you need.
[16:20.220 --> 16:27.220]  Now you go to the DA and run the routine on the DA.
[16:27.220 --> 16:31.220]  You are familiar with the routine.
[16:31.220 --> 16:33.220]  Okay.
[16:33.220 --> 16:36.220]  Are you familiar with the routine?
[16:36.220 --> 16:39.220]  No, I was going to ask you what's the routine.
[16:39.220 --> 16:40.220]  Okay.
[16:40.220 --> 16:41.220]  Hang on.
[16:41.220 --> 16:43.220]  We'll come back on the other side.
[16:43.220 --> 16:45.220]  We'll talk about the routine.
[16:45.220 --> 16:50.220]  This is Randy Keltner, Debra Steen, David Craig on the Blonde Radio.
[16:50.220 --> 16:55.220]  Call in numbers 512-646-1984.
[16:55.220 --> 17:00.220]  We'll be right back.
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[19:28.220 --> 19:32.220]  Alright folks, we are back. This is rule of law radio.
[19:32.220 --> 19:39.220]  Call in number 512-646-1984. This is our Friday night for our info marathon.
[19:39.220 --> 19:42.220]  Okay, Chris, I need you to check your email.
[19:42.220 --> 19:47.220]  I have just sent you the complete list of municipal judges from Fort Worth.
[19:47.220 --> 19:54.220]  The other thing is, is that according to your warrant, the middle initial of this judge looks like it is a C.
[19:54.220 --> 20:01.220]  That means that leaves only two possible judges, Steven C. Williamson and Simon C. Gonzalez.
[20:01.220 --> 20:06.220]  Those would appear to be the two possibilities of who signed the warrant.
[20:06.220 --> 20:12.220]  Yes, sir. It sounds like you came up with the same list that I have.
[20:12.220 --> 20:17.220]  Well, that's what I would go with first and ask if either one of those two signed this warrant,
[20:17.220 --> 20:21.220]  and of course you got the date and time when it was allegedly signed.
[20:21.220 --> 20:24.220]  So that shouldn't be hard to figure out.
[20:24.220 --> 20:29.220]  Okay, suggestion. Don't ask them if they signed it.
[20:29.220 --> 20:34.220]  Give them an information request, requesting to see it.
[20:34.220 --> 20:46.220]  Now, what they may do, or ask to see the warrant and the associated affidavit or problem of cause.
[20:46.220 --> 21:02.220]  And if they ask you for a written request, then you might want to go to the government code and look up 27.004 and take that with you.
[21:02.220 --> 21:03.220]  Okay.
[21:03.220 --> 21:05.220]  They could print out of it.
[21:05.220 --> 21:15.220]  The county court and the district court can ask for a written request and take up to 10 days to respond.
[21:15.220 --> 21:18.220]  The justice court and the municipal court cannot.
[21:18.220 --> 21:34.220]  They fall under 27.004 government code, which is a special statute, which commands the justice of the peace to keep his records open for inspection by all interested parties at all reasonable times.
[21:34.220 --> 21:43.220]  Interested parties are defined by the attorney general as he remembers the public reasonable times, normal business hours.
[21:43.220 --> 21:51.220]  If he fails to do that, then you hammer him a little bit with the process.
[21:51.220 --> 21:56.220]  And always, if you can, you want this in writing.
[21:56.220 --> 21:57.220]  So you ask for it.
[21:57.220 --> 22:03.220]  If they don't give it to you immediately, and then you give them a written request.
[22:03.220 --> 22:12.220]  But if they request, if they ask for a written request beforehand, then that's a charge you can bring against them.
[22:12.220 --> 22:20.220]  But if they say they don't have it, then you give them a written request and the clerk will get real confused when you do that.
[22:20.220 --> 22:33.220]  That's interesting that you say that, Randy, because one of them I have her on recording saying, as she told me to begin with, that I would have to make an information request.
[22:33.220 --> 22:42.220]  So I pulled up the statute that said that they're supposed to have it available and on hand for public inspection.
[22:42.220 --> 22:52.220]  And then that's when she looked and said, well, that didn't come from any of our courts that I'm with.
[22:52.220 --> 22:58.220]  Then, okay, what she needed right then was a written request.
[22:58.220 --> 23:01.220]  And she's going to say, well, I just told you we don't have it.
[23:01.220 --> 23:10.220]  I said, I know that, but I need you to give me an answer saying you have no records responsive to my request.
[23:10.220 --> 23:15.220]  And then see if she doesn't go look a little bit closer.
[23:15.220 --> 23:16.220]  Okay.
[23:16.220 --> 23:21.220]  That will generally get their attention.
[23:21.220 --> 23:23.220]  But you want that written.
[23:23.220 --> 23:27.220]  That's the evidence you need when you make the accusation.
[23:27.220 --> 23:28.220]  Okay.
[23:28.220 --> 23:32.220]  So what's the fourth rule?
[23:32.220 --> 23:35.220]  First rule is everything's political.
[23:35.220 --> 23:38.220]  Second rule is everything's negotiable.
[23:38.220 --> 23:42.220]  Third rule, perception is everything.
[23:42.220 --> 23:50.220]  Fourth rule, document, document, document.
[23:50.220 --> 23:51.220]  Good set of rules.
[23:51.220 --> 23:52.220]  But try that.
[23:52.220 --> 23:56.220]  That sounds like it would be fun.
[23:56.220 --> 24:03.220]  But not more fun when you're taking them to task and you're getting them to do that little chicken dance.
[24:03.220 --> 24:09.220]  And we were going to address the procedure.
[24:09.220 --> 24:24.220]  If any of them, you know, if you, when you request records, according to the Open Records Act, the only inquiry the custodian may make of the
[24:24.220 --> 24:34.220]  register is to determine your identity and the records sought that is stipulated in the act.
[24:34.220 --> 24:50.220]  And even if you're asking for records that fall under open government, since there's nothing in the code of criminal procedure or the rules of civil procedure that address open records,
[24:50.220 --> 25:02.220]  legal, faith, and credit, we bring in the Open Records Act as it defines what constitutes making records public.
[25:02.220 --> 25:13.220]  And one of the stipulations is that the requester cannot grill the, I mean, the custodian cannot grill the requester.
[25:13.220 --> 25:28.220]  It's important that they not ask you why, and I've told, you know, I've had them kind of in a backhanded way say, well, I've had them say, do you mind if I ask why you want to see this?
[25:28.220 --> 25:35.220]  Now, that's a backhanded way of doing it because they ask me if they could ask.
[25:35.220 --> 25:51.220]  And I generally tell them, no, you cannot. If I tell you what I'm looking for, and then when I get the records, it appears that some, some information has been redacted,
[25:51.220 --> 25:58.220]  or some records have been omitted, then you will be compromised.
[25:58.220 --> 26:03.220]  So it's better if you don't know what I'm looking for.
[26:03.220 --> 26:19.220]  And, you know, I was thinking as you were talking about going down trying to find this judge, it's better if they don't know what you're looking for because they're likely to run back there and create it.
[26:19.220 --> 26:28.220]  And if you don't think these guys will create records asking the police officer, you'll tell you real quickly, real.
[26:28.220 --> 26:35.220]  So when I go in, I tend to be very general.
[26:35.220 --> 26:41.220]  And it makes what you're doing more threatening to them.
[26:41.220 --> 26:52.220]  Because I go in there and I tell them I want to see, like, if I want to see a record that's dated today or dated, say, two months ago,
[26:52.220 --> 26:59.220]  I'll go in and ask for all the records of this type from a week before and a week after.
[26:59.220 --> 27:08.220]  And they keep telling me, well, Mr. Kelton, if you could just narrow the scope somewhat, scope's narrow enough.
[27:08.220 --> 27:13.220]  Well, Mr. Kelton, this is a lot of work. Life is tough.
[27:13.220 --> 27:21.220]  Job, your problem, not my problem, I want to see these documents. And clearly they're trying to get me to narrow the scope down.
[27:21.220 --> 27:27.220]  And sometimes they'll ask me, Mr. Kelton, you'll tell me which record you're looking for. It'll be a lot easier to find them.
[27:27.220 --> 27:31.220]  Yes, I know what it would.
[27:31.220 --> 27:34.220]  And that's all they get.
[27:34.220 --> 27:37.220]  Generally they get it.
[27:37.220 --> 27:47.220]  And they do get it. It tends to frighten them much more than if you ask for a particular record.
[27:47.220 --> 27:51.220]  Now they're wondering what you're looking for.
[27:51.220 --> 27:57.220]  And if we're going to have a positive effect on these officials, we need to make them nervous.
[27:57.220 --> 28:02.220]  We need to make them wonder who we are and what we're doing there.
[28:02.220 --> 28:12.220]  And sometimes I tell the story about Williamson County about how with the more corrupt they are, the more frightened they are.
[28:12.220 --> 28:23.220]  When you come in there and you are indescript and unclear, and they can't find out exactly what you're doing there,
[28:23.220 --> 28:33.220]  they look in their closet where they keep their deepest, darkest skeletons, and they are certain you know it's there.
[28:33.220 --> 28:38.220]  And you get down there trying to set them up for something.
[28:38.220 --> 28:49.220]  It tends to get you a lot better service for one thing and creates a lot less problems and it's a lot more fun.
[28:49.220 --> 28:54.220]  Anyway, let me go to the process, the procedure.
[28:54.220 --> 29:01.220]  Once you understand this part, it makes the part you're doing a whole lot easier.
[29:01.220 --> 29:06.220]  You're going in there looking for records and they don't know why, or you do know why.
[29:06.220 --> 29:14.220]  You're going in there looking for records because you're trying to get them not to give you what you want.
[29:14.220 --> 29:21.220]  Everything you ask them to do, you're trying to get them not to do it.
[29:21.220 --> 29:24.220]  Now on the surface that may seem counterintuitive.
[29:24.220 --> 29:34.220]  However, the process, if you can affect these public officials, you're going to have to find a way to keep them where they live.
[29:34.220 --> 29:45.220]  And when we come back on the other side, I'll talk about how to hit these guys where they live, and give them use and not to mess with anybody who comes in their office.
[29:45.220 --> 29:48.220]  This is Randy Kelton, Denver Stevens at The Grave.
[29:48.220 --> 29:54.220]  We have a video, a call in number 512-646-1984.
[29:54.220 --> 29:59.220]  We'll be right back on the other side.
[29:59.220 --> 30:05.220]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[30:05.220 --> 30:07.220]  The government says that fire brought it down.
[30:07.220 --> 30:12.220]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.220 --> 30:15.220]  Over 6,000 of my fellow service members have given their lives.
[30:15.220 --> 30:17.220]  And thousands of my fellow force respond to supply.
[30:17.220 --> 30:19.220]  I'm not a conspiracy theorist.
[30:19.220 --> 30:20.220]  I'm a structural engineer.
[30:20.220 --> 30:21.220]  I'm a New York City correction officer.
[30:21.220 --> 30:22.220]  I'm an Air Force pilot.
[30:22.220 --> 30:24.220]  I'm a father who lost his son.
[30:24.220 --> 30:26.220]  We're Americans, and we deserve the truth.
[30:26.220 --> 30:30.220]  Go to RememberBuilding7.org today.
[30:57.220 --> 31:04.220]  It is so enlightening to listen to 90.1 FM,
[31:04.220 --> 31:07.220]  but finding things on the Internet isn't so easy,
[31:07.220 --> 31:10.220]  and neither is finding like-minded people to share it with.
[31:10.220 --> 31:13.220]  Oh, well, I guess you haven't heard of Brave New Books then.
[31:13.220 --> 31:14.220]  Brave New Books?
[31:14.220 --> 31:17.220]  Yes, Brave New Books has all the books and DVDs you're looking for
[31:17.220 --> 31:21.220]  by authors like Alex Jones, Ron Paul, and G. Albert Griffin.
[31:21.220 --> 31:25.220]  They even stock inner food, Berkey products, and Calvin Soaps.
[31:25.220 --> 31:27.220]  There's no way a place like that exists.
[31:27.220 --> 31:29.220]  Go check it out for yourself.
[31:29.220 --> 31:33.220]  It's downtown at 1904 Guadalupe Street, just south of UT.
[31:33.220 --> 31:34.220]  Oh, by UT?
[31:34.220 --> 31:36.220]  There's never anywhere to park down there.
[31:36.220 --> 31:39.220]  Actually, they now offer a free hour of parking
[31:39.220 --> 31:42.220]  for paying customers at the 500 MLK parking facility
[31:42.220 --> 31:44.220]  just behind the bookstore.
[31:44.220 --> 31:47.220]  It does exist, but when are they open?
[31:47.220 --> 31:50.220]  Monday through Saturday, 11 a.m. to 9 p.m.,
[31:50.220 --> 31:52.220]  and 1 to 6 p.m. on Sundays.
[31:52.220 --> 31:56.220]  So give them a call at 512-480-2503
[31:56.220 --> 32:00.220]  or check out their events page at bravenewbookstore.com.
[32:04.220 --> 32:06.220]  Yeah, I got the warrant.
[32:06.220 --> 32:12.220]  And I'm gonna send them to the government.
[32:12.220 --> 32:14.220]  Prosecute them.
[32:14.220 --> 32:16.220]  Okay.
[32:18.220 --> 32:19.220]  What's up?
[32:19.220 --> 32:23.220]  Okay, we're back. Randy Kelton at Proceedings at Ukraine
[32:23.220 --> 32:25.220]  with our radio.
[32:25.220 --> 32:32.220]  And we're talking to Chris in Texas about the procedure.
[32:32.220 --> 32:38.220]  When I go down to a government office,
[32:38.220 --> 32:44.220]  I generally always want them to not do what I ask them to do.
[32:44.220 --> 32:52.220]  When I'm in a position like you are in now where I want to influence them.
[32:52.220 --> 32:56.220]  If I'm just there genuinely seeking records,
[32:56.220 --> 32:59.220]  and I just want to give me the records I want.
[32:59.220 --> 33:02.220]  But regardless of why I'm there, if I go in from this perspective,
[33:02.220 --> 33:05.220]  I always get better service.
[33:05.220 --> 33:08.220]  And the perspective is that when I ask them to do something,
[33:08.220 --> 33:10.220]  I don't want them to do it.
[33:10.220 --> 33:18.220]  Because what I'm asking them is a tar baby I'm holding out.
[33:18.220 --> 33:21.220]  Say here, you want to touch my tar baby?
[33:21.220 --> 33:25.220]  In one hand I got the tar baby and in the other hand I got this club.
[33:25.220 --> 33:28.220]  And when you touch my tar baby, I'm gonna whack you over the head
[33:28.220 --> 33:32.220]  with the club and you can't get loose from the tar baby.
[33:32.220 --> 33:35.220]  And this is how I'm gonna do it.
[33:35.220 --> 33:41.220]  If I can get a public official to exert,
[33:41.220 --> 33:46.220]  or purport to exert an authority they do not expressly have,
[33:46.220 --> 33:52.220]  or fail to perform a duty they are required to perform,
[33:52.220 --> 33:59.220]  and in the process, deny me in the form of free access to or enjoyment of the right,
[33:59.220 --> 34:05.220]  then the way I read the penal code of the state of Texas that is official oppression
[34:05.220 --> 34:08.220]  and it is a class A misdemeanor.
[34:08.220 --> 34:12.220]  It'll get you up to a year in prison.
[34:12.220 --> 34:19.220]  So, I ask them to do something and I generally am vague.
[34:19.220 --> 34:22.220]  I don't get to exactly the point.
[34:22.220 --> 34:23.220]  I don't want them to know.
[34:23.220 --> 34:25.220]  I want to make them curious.
[34:25.220 --> 34:28.220]  I want them wondering what I'm looking for.
[34:28.220 --> 34:33.220]  This makes them more careful with me because they consider me dangerous.
[34:33.220 --> 34:37.220]  And, well, they should.
[34:37.220 --> 34:45.220]  Because when I get one that has an attitude and wants to express their attitude,
[34:45.220 --> 34:49.220]  then I leave there immediately.
[34:49.220 --> 34:56.220]  And depending on who it is, if it's a court clerk in a J.P.'s office,
[34:56.220 --> 35:00.220]  then I go find security, physical security officer somewhere.
[35:00.220 --> 35:04.220]  If you have a problem with any public official,
[35:04.220 --> 35:07.220]  and they start getting difficult,
[35:07.220 --> 35:12.220]  do not get into a confrontation with them.
[35:12.220 --> 35:13.220]  Okay.
[35:13.220 --> 35:19.220]  You have to understand they are better at it than you.
[35:19.220 --> 35:21.220]  You do this on rare occasions.
[35:21.220 --> 35:25.220]  They do this every day.
[35:25.220 --> 35:30.220]  They probably get in lots of these interactions every day.
[35:30.220 --> 35:36.220]  And about two words they don't like and they'll call security.
[35:36.220 --> 35:40.220]  So, the way I look at it, two can play that game.
[35:40.220 --> 35:44.220]  First time the clerk fails to do something I ask her to do,
[35:44.220 --> 35:48.220]  or she asks me why I want to see the records.
[35:48.220 --> 35:50.220]  Wait right here.
[35:50.220 --> 35:52.220]  Don't go anywhere.
[35:52.220 --> 35:57.220]  Somebody is going to want to talk to you and leave.
[35:57.220 --> 35:59.220]  And then I go find security.
[35:59.220 --> 36:02.220]  And if there's a bailiff standing around anywhere,
[36:02.220 --> 36:05.220]  you come with me and need you.
[36:05.220 --> 36:07.220]  And they ask you why I said,
[36:07.220 --> 36:11.220]  well, I need you to arrest the clerk.
[36:11.220 --> 36:18.220]  And what that does is put the bailiff in an untenable position.
[36:18.220 --> 36:21.220]  He knows that you are the sovereign.
[36:21.220 --> 36:23.220]  Because he considers himself one.
[36:23.220 --> 36:26.220]  But he's not accustomed to the sovereign,
[36:26.220 --> 36:28.220]  exercising that sovereignty.
[36:28.220 --> 36:30.220]  He knows he works for you,
[36:30.220 --> 36:32.220]  but he doesn't like to think that way.
[36:32.220 --> 36:35.220]  And when you demonstrate to him that he works for you
[36:35.220 --> 36:37.220]  and you know for what he does,
[36:37.220 --> 36:40.220]  and you're invoking his responsibility,
[36:40.220 --> 36:45.220]  he gets real, they tend to get real careful real fast.
[36:45.220 --> 36:48.220]  So you go back to the clerk
[36:48.220 --> 36:53.220]  and ask the clerk for whatever it was you were asking.
[36:53.220 --> 36:58.220]  Or if the clerk asked you why you wanted to see these records,
[36:58.220 --> 36:59.220]  then you ask the clerk,
[36:59.220 --> 37:02.220]  well, you asked me that question you asked before.
[37:02.220 --> 37:04.220]  And when she asked you the question,
[37:04.220 --> 37:06.220]  because she's going to think she can do it,
[37:06.220 --> 37:08.220]  then you turn to the bailiff and say,
[37:08.220 --> 37:10.220]  Mr. Bailiff, did you hear that?
[37:10.220 --> 37:12.220]  And he'll say, yes, I did.
[37:12.220 --> 37:15.220]  I need you to arrest her.
[37:15.220 --> 37:17.220]  And he's going to say for what?
[37:17.220 --> 37:21.220]  Criminal violation 552 government code
[37:21.220 --> 37:25.220]  that makes it a crime for the custodian of the record
[37:25.220 --> 37:28.220]  to make any inquiry of the requester
[37:28.220 --> 37:32.220]  other than to determine his identity in the record sought.
[37:32.220 --> 37:35.220]  She asked me why I wanted to see the records.
[37:35.220 --> 37:37.220]  And in the process,
[37:37.220 --> 37:41.220]  denied me and went to phone free access to the records
[37:41.220 --> 37:44.220]  as guaranteed by 552 government code.
[37:44.220 --> 37:48.220]  And that's a classic, Mr. Bailiff is a suppression arrestor.
[37:48.220 --> 37:51.220]  And you need to get to see the chicken dance.
[37:51.220 --> 37:56.220]  And obviously, the bailiff is not going to arrest the clerk.
[37:56.220 --> 37:59.220]  But he started doing this little dance back and forth.
[37:59.220 --> 38:03.220]  And the Waco, they went and got probably every security guard
[38:03.220 --> 38:05.220]  in the building.
[38:05.220 --> 38:07.220]  And they're all trying to convince me
[38:07.220 --> 38:10.220]  that she can do what she does,
[38:10.220 --> 38:12.220]  and I give them the code so she can't.
[38:12.220 --> 38:15.220]  And they're all doing this song and dance.
[38:15.220 --> 38:18.220]  Well, Mr. Kelton, blah, blah.
[38:18.220 --> 38:21.220]  And finally, Justice of the Peace came out
[38:21.220 --> 38:25.220]  and said, what is the problem?
[38:25.220 --> 38:30.220]  Well, you know, this man is trying to get us to arrest your clerk.
[38:30.220 --> 38:34.220]  And she asked me my name and I told her.
[38:34.220 --> 38:39.220]  And she said, well, why are you trying to get these officers to arrest my clerk?
[38:39.220 --> 38:43.220]  I said, well, I request, ask to see some records.
[38:43.220 --> 38:50.220]  And she told me that I would have to give her a request and wait 10 days.
[38:50.220 --> 38:52.220]  And I live a couple of hundred miles away.
[38:52.220 --> 38:54.220]  That would be very inconvenient.
[38:54.220 --> 38:58.220]  And she said, well, Mr. Kelton, that's one of the court rules.
[38:58.220 --> 39:01.220]  Without your respect, your honor, there's no such thing.
[39:01.220 --> 39:03.220]  She said, it's not.
[39:03.220 --> 39:04.220]  And everyone is not.
[39:04.220 --> 39:08.220]  And I handed her a copy of 2704 government code.
[39:08.220 --> 39:10.220]  She read it.
[39:10.220 --> 39:16.220]  She said, well, clerk, give him the records.
[39:16.220 --> 39:18.220]  And she called me back in her office.
[39:18.220 --> 39:23.220]  They just excuse me to keep me from pursuing her clerk.
[39:23.220 --> 39:27.220]  And I had no intention to get the clerk arrested.
[39:27.220 --> 39:34.220]  However, I can assure you that if you go down and ask for records
[39:34.220 --> 39:39.220]  and you're justice to the peace office in the courthouse in Waco,
[39:39.220 --> 39:41.220]  you're not going to get a bunch of song and dance,
[39:41.220 --> 39:46.220]  sussard on your pants, and clerk attitude.
[39:46.220 --> 39:49.220]  Their attitude got adjusted.
[39:49.220 --> 39:52.220]  And that's the principle.
[39:52.220 --> 39:55.220]  I never argued with that person.
[39:55.220 --> 40:00.220]  Go get someone else and invoke his duty and put him in a position
[40:00.220 --> 40:05.220]  where he doesn't want to have to do his duty.
[40:05.220 --> 40:14.220]  You tend not to get this arrogant push you around crapola.
[40:14.220 --> 40:18.220]  Then you don't get the threats because if you get a threat,
[40:18.220 --> 40:20.220]  that becomes a really big deal,
[40:20.220 --> 40:23.220]  tapping with the witness obstruction of justice.
[40:23.220 --> 40:26.220]  This escalates really fast.
[40:26.220 --> 40:31.220]  And if we understand how it escalates,
[40:31.220 --> 40:35.220]  public official has a duty, certain duties to perform.
[40:35.220 --> 40:37.220]  If he has to perform the duty,
[40:37.220 --> 40:40.220]  denies you to write this classic misdemeanor.
[40:40.220 --> 40:45.220]  A police officer has a duty not to protect you,
[40:45.220 --> 40:47.220]  but to enforce the laws.
[40:47.220 --> 40:52.220]  So you bring him in there and demonstrate the crime in front of him.
[40:52.220 --> 40:55.220]  Now, that's why I asked the clerk to say it again
[40:55.220 --> 40:58.220]  because now the officer has personally seen and heard
[40:58.220 --> 41:00.220]  the offense being committed.
[41:00.220 --> 41:05.220]  Now he has a statutory duty to arrest,
[41:05.220 --> 41:10.220]  but he really doesn't want to.
[41:10.220 --> 41:14.220]  And if he refuses, then say,
[41:14.220 --> 41:19.220]  okay, I will be back guys, see you later.
[41:19.220 --> 41:23.220]  Then you go straight to the district attorney's office
[41:23.220 --> 41:28.220]  and prepare criminal charges against who?
[41:28.220 --> 41:30.220]  The clerk.
[41:30.220 --> 41:31.220]  No.
[41:31.220 --> 41:37.220]  Wrong answer against the bailiff
[41:37.220 --> 41:40.220]  for shielding the clerk from prosecution
[41:40.220 --> 41:44.220]  and refusal to perform his duty.
[41:44.220 --> 41:49.220]  Now you got the bailiff in trouble for what the clerk did.
[41:49.220 --> 41:52.220]  You forget about the clerk.
[41:52.220 --> 41:57.220]  And then the prosecutor is going to refuse to prosecute the bailiff.
[41:57.220 --> 42:01.220]  At least we hope he does.
[42:01.220 --> 42:08.220]  Because now your accusations against the bailiff
[42:08.220 --> 42:15.220]  for a magistrate would be a matter of discretion.
[42:15.220 --> 42:20.220]  He would say, well, the bailiff only has to arrest
[42:20.220 --> 42:22.220]  his reason to believe that a crime has been committed
[42:22.220 --> 42:25.220]  and the bailiff didn't feel that he had reason to believe.
[42:25.220 --> 42:27.220]  This is somewhat subjective.
[42:27.220 --> 42:32.220]  But when you go to the district attorney with a criminal complaint
[42:32.220 --> 42:37.220]  accusing a public official of violating the law
[42:37.220 --> 42:41.220]  relating to his office in Texas,
[42:41.220 --> 42:48.220]  there is a very specific statute that addresses that issue.
[42:48.220 --> 42:52.220]  It's article 2.03.
[42:52.220 --> 42:56.220]  And it's important to understand 2.03.
[42:56.220 --> 43:02.220]  2.01 defines the duty, 2.01 says,
[43:02.220 --> 43:06.220]  it shall be the primary duty of the prosecuting attorney
[43:06.220 --> 43:09.220]  not to secure conviction,
[43:09.220 --> 43:12.220]  but to ensure that justices serve
[43:12.220 --> 43:14.220]  and shall not seek witnesses
[43:14.220 --> 43:16.220]  or evidence that would show the innocence of the accused
[43:16.220 --> 43:19.220]  or mitigate the guilt of the accused.
[43:19.220 --> 43:24.220]  Well, that's a lot of nice, high-minded rhetoric,
[43:24.220 --> 43:31.220]  but it really doesn't give the prosecutor a specific duty.
[43:31.220 --> 43:35.220]  2.02 says the district attorney will handle these cases.
[43:35.220 --> 43:38.220]  The county attorney will handle these cases.
[43:38.220 --> 43:42.220]  2.03 is the first one that says,
[43:42.220 --> 43:48.220]  you must do this certain thing in this particular circumstance.
[43:48.220 --> 43:50.220]  When you come back from the break,
[43:50.220 --> 43:53.220]  we'll address that certain thing in detail.
[43:53.220 --> 43:55.220]  This is Randy Kelton,
[43:55.220 --> 43:57.220]  and for Stephen Zeddy Craig with the radio.
[43:57.220 --> 44:00.220]  Bill Leslie, I see you there.
[44:00.220 --> 44:03.220]  The Oakland City Bombing.
[44:03.220 --> 44:06.220]  Top 10 reasons to question the official story.
[44:06.220 --> 44:09.220]  Reason number two, why was the ATF AWOL?
[44:09.220 --> 44:13.220]  Paramedic Tiffany Bible, who was on the scene within five minutes,
[44:13.220 --> 44:16.220]  has stated in an affidavit that agents of the Bureau of Alcohol,
[44:16.220 --> 44:20.220]  Tobacco and Firearms, told her that they were not in their office that morning.
[44:20.220 --> 44:23.220]  E&T Catherine Mallet also overheard one agent say to another,
[44:23.220 --> 44:27.220]  close, is that why we got the page to not come in today?
[44:27.220 --> 44:30.220]  She drew Shaw as interviewed on KSOR TV,
[44:30.220 --> 44:34.220]  who was also told by ATF agents that they had been paged to not come in to work.
[44:34.220 --> 44:37.220]  The ATF initially denied these claims,
[44:37.220 --> 44:41.220]  but now variously claim that one of their agents was in a free-falling elevator,
[44:41.220 --> 44:44.220]  which has been disproven, or that they had been in an all-night stakeout,
[44:44.220 --> 44:46.220]  or that they had been in an adult tournament.
[44:46.220 --> 44:48.220]  As they try to sort out their lies,
[44:48.220 --> 44:51.220]  all we want to know is, did the ATF receive a warning,
[44:51.220 --> 44:56.220]  and if so, why did they not pass it on to others and memorials?
[44:56.220 --> 45:00.220]  For more information, go to okcbombingtruth.com.
[45:01.220 --> 45:04.220]  Are you the plaintiff or defendant in a lawsuit?
[45:04.220 --> 45:07.220]  Win your case without an attorney with Jurisdictionary,
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[46:26.220 --> 46:39.220]  Okay, we are back.
[46:39.220 --> 46:45.220]  We're talking to Chris in Texas.
[46:45.220 --> 46:50.220]  And we were talking about the process.
[46:50.220 --> 46:58.220]  Well, when a prosecuting attorney is made known
[46:58.220 --> 47:04.220]  that a public official has violated a law relating to his office,
[47:04.220 --> 47:08.220]  Article 2.03 paragraph A says,
[47:08.220 --> 47:14.220]  A law does not say fellow near misdemeanor.
[47:14.220 --> 47:20.220]  If a public official is accused of a prosecuting attorney,
[47:20.220 --> 47:23.220]  has it made known to him that a public official
[47:23.220 --> 47:26.220]  has violated a law relating to his office?
[47:26.220 --> 47:30.220]  And having it made known to him is done
[47:30.220 --> 47:34.220]  by the filing of a verified criminal affidavit
[47:34.220 --> 47:37.220]  by some credible person.
[47:37.220 --> 47:41.220]  A credible person is defined as any person over 18,
[47:41.220 --> 47:44.220]  never convicted of a felony.
[47:44.220 --> 47:48.220]  So if that person comes to the prosecuting attorney
[47:48.220 --> 47:53.220]  and under his oath asserts that he has reason to believe
[47:53.220 --> 47:57.220]  and does believe that a public official
[47:57.220 --> 48:00.220]  has violated a law relating to the office,
[48:00.220 --> 48:04.220]  the prosecuting attorney shall reduce the complaint
[48:04.220 --> 48:08.220]  to an information and submit it to the grand jury.
[48:08.220 --> 48:11.220]  No discretion here.
[48:11.220 --> 48:15.220]  A prosecuting attorney should not be put in a position
[48:15.220 --> 48:19.220]  to determine whether or not to prosecute someone he works for.
[48:19.220 --> 48:23.220]  That's a compromising position he should never be put there
[48:23.220 --> 48:28.220]  and the legislature understood the problem and they fixed it.
[48:28.220 --> 48:33.220]  I have yet to encounter a single prosecutor
[48:33.220 --> 48:35.220]  who knew about that statute,
[48:35.220 --> 48:39.220]  or would admit to knowing about that statute.
[48:39.220 --> 48:43.220]  Now that's surprising as it is the very first statute
[48:43.220 --> 48:45.220]  in the Code of Criminal Procedure
[48:45.220 --> 48:49.220]  that gives the prosecuting attorney his specific duty.
[48:49.220 --> 48:53.220]  204, 205, 206, they define what he's to do
[48:53.220 --> 48:57.220]  when he receives a complaint against a citizen.
[48:57.220 --> 49:04.220]  203 is a special statute exempted out of the normal process.
[49:04.220 --> 49:09.220]  And therefore should his to be given special consideration.
[49:09.220 --> 49:16.220]  Well, when you file the complaint against the officer
[49:16.220 --> 49:19.220]  for not arresting the clerk, the prosecution will say,
[49:19.220 --> 49:21.220]  well, that's ridiculous.
[49:21.220 --> 49:23.220]  I'm not going to prosecute this.
[49:23.220 --> 49:28.220]  At least we hope that's what he does.
[49:28.220 --> 49:33.220]  Because he will not have figured it out yet.
[49:33.220 --> 49:36.220]  We're not playing checkers here.
[49:36.220 --> 49:38.220]  We're playing chess.
[49:38.220 --> 49:44.220]  And in chess you need to be 234 moves ahead of your opponent.
[49:44.220 --> 49:50.220]  And they will find out that you are 233 moves ahead of them.
[49:50.220 --> 49:55.220]  Because when the prosecutor fails to present the complaint
[49:55.220 --> 49:59.220]  to the grand jury, then we prepare a complaint
[49:59.220 --> 50:01.220]  against the prosecutor.
[50:01.220 --> 50:06.220]  Now the question arises, how do you know if the prosecutor
[50:06.220 --> 50:10.220]  failed to present the complaint to the grand jury?
[50:10.220 --> 50:15.220]  You could ask the prosecutor, but I think we all understand
[50:15.220 --> 50:20.220]  that if a lawyer's lips are moving,
[50:20.220 --> 50:23.220]  we know what the outcome was coming out.
[50:23.220 --> 50:29.220]  So it's not productive asking him whether or not he did his job.
[50:29.220 --> 50:32.220]  The way you can determine if he did his job or not
[50:32.220 --> 50:37.220]  is you go to the district clerk and give him, say, two weeks.
[50:37.220 --> 50:41.220]  Or if you're in a small county where the grand jury only meets
[50:41.220 --> 50:47.220]  once a month, wait until a week after the date the grand jury meets.
[50:47.220 --> 50:54.220]  Then go down to the clerk and ask to see the minutes of the grand jury.
[50:54.220 --> 50:58.220]  Now this is a little aside, but just so we're ready for them.
[50:58.220 --> 51:02.220]  What the clerk is going to say a lot of times is,
[51:02.220 --> 51:06.220]  well, I don't know what you're talking about.
[51:06.220 --> 51:18.220]  And I tell them, well, look under Code of Criminal Procedure 2122.
[51:18.220 --> 51:22.220]  Eddie, while I'm talking, will you pull that up to make sure I got the right one?
[51:22.220 --> 51:25.220]  It's either 2022 or 2122.
[51:25.220 --> 51:27.220]  I think it's 21.
[51:27.220 --> 51:33.220]  2122 directs the grand jury.
[51:33.220 --> 51:34.220]  Let's see.
[51:34.220 --> 51:35.220]  Now it's got to be 20.
[51:35.220 --> 51:40.220]  2022 because chapter 20, the Code of Criminal Procedure,
[51:40.220 --> 51:43.220]  these grand juries tells them what they're going to do.
[51:43.220 --> 51:45.220]  OK.
[51:45.220 --> 51:55.220]  2022 tells the foreman that it instructs the grand jury
[51:55.220 --> 52:03.220]  that the foreman with a quorum of the grand jury present
[52:03.220 --> 52:09.220]  shall present the two bills to the grand jury,
[52:09.220 --> 52:13.220]  and I'm sorry, to the court,
[52:13.220 --> 52:19.220]  and the clerk shall make notations in the minutes of the court.
[52:19.220 --> 52:23.220]  And I tell them, that's the minutes I'm talking about.
[52:23.220 --> 52:26.220]  Those defined in statute.
[52:26.220 --> 52:31.220]  Yeah.
[52:31.220 --> 53:00.220]  Read that, will you Eddie?
[53:01.220 --> 53:07.220]  OK.
[53:07.220 --> 53:12.220]  If anyone has read my, on Jewish Imprudence site,
[53:12.220 --> 53:18.220]  the Tom DeLay brief, I discussed this particular area in some detail.
[53:18.220 --> 53:22.220]  Back up one statute and read that one, Eddie.
[53:22.220 --> 53:26.220]  Well, I couldn't hear Eddie the first time.
[53:26.220 --> 53:27.220]  OK.
[53:27.220 --> 53:32.220]  Read the, read 2020.
[53:32.220 --> 53:36.220]  Did you read 2022?
[53:36.220 --> 53:54.220]  OK, read 21.
[53:54.220 --> 54:00.220]  Now, if you live in a small county or even a lot of the big counties,
[54:00.220 --> 54:04.220]  and we spoke of Johnson County earlier,
[54:04.220 --> 54:08.220]  Johnson County is not one of them that does it wrong.
[54:08.220 --> 54:11.220]  They actually do it right.
[54:11.220 --> 54:16.220]  They convene a hearing, and the grand jury files in.
[54:16.220 --> 54:19.220]  This is after the grand jury's finished their day.
[54:19.220 --> 54:24.220]  They do all the deliberations, and then they come into court.
[54:24.220 --> 54:30.220]  The judge convenes a hearing with the court recorder and the clerk present,
[54:30.220 --> 54:36.220]  and the foreman will read each presentment to the court,
[54:36.220 --> 54:43.220]  and then inform the court whether they found a true bill or a no-bill.
[54:43.220 --> 54:46.220]  This is how it should be done.
[54:46.220 --> 54:50.220]  In Travis County, this is not how it is done.
[54:50.220 --> 54:58.220]  In Travis County, the prosecutor delivers the indictment to the grand jury.
[54:58.220 --> 55:03.220]  In Galveston County, it's similar situation.
[55:03.220 --> 55:12.220]  The prosecutor by himself delivers the indictments to the clerk of the court.
[55:12.220 --> 55:17.220]  So we don't know if there was ever actually an indictment or not.
[55:17.220 --> 55:21.220]  There's certainly not a quorum present.
[55:21.220 --> 55:25.220]  But anyway, this is how it's required to be done, and the way you...
[55:25.220 --> 55:29.220]  I'm kind of digressing. Let me go back to the point.
[55:29.220 --> 55:38.220]  The way you find out if the prosecutor presented the complaint to the grand jury
[55:38.220 --> 55:47.220]  is you check the minutes of the grand jury as defined by 2022 Code of Criminal Procedure.
[55:47.220 --> 55:51.220]  If they tell you they don't have them,
[55:51.220 --> 55:59.220]  then that would go to a criminal accusation against the county clerk
[55:59.220 --> 56:05.220]  for failing to keep these records as she is required to.
[56:05.220 --> 56:08.220]  Go ahead.
[56:08.220 --> 56:13.220]  I just want to let you know that Eddie didn't come through on either...
[56:13.220 --> 56:21.220]  I guess he read them, but he didn't come through.
[56:21.220 --> 56:27.220]  Oh, so you're like, okay, your mic is not right now.
[56:27.220 --> 56:31.220]  Oh, okay. For some reason, we're having a technical issue.
[56:31.220 --> 56:35.220]  Apparently, Eddie's mic's not coming up live.
[56:35.220 --> 56:40.220]  If you could give me just a quick moment, I will look it up.
[56:40.220 --> 56:50.220]  My problem is that I'm old and I don't multitask well.
[56:50.220 --> 56:54.220]  2022, it's better if I read it directly.
[56:54.220 --> 57:02.220]  I have a cue in just a second. I hate dead air. Dead air gets homey in trouble.
[57:02.220 --> 57:07.220]  Can I tell you what happened when I called down to the police station
[57:07.220 --> 57:10.220]  to verify that any of these officers actually worked there?
[57:10.220 --> 57:12.220]  Yes.
[57:12.220 --> 57:17.220]  I called down there to find out if these officers actually worked for the police department.
[57:17.220 --> 57:21.220]  The conversation took place with something like this.
[57:21.220 --> 57:27.220]  I told him I needed to verify whether or not an officer worked for the footwork PD.
[57:27.220 --> 57:33.220]  He said, well, which officer would that be by giving the name?
[57:33.220 --> 57:42.220]  He goes in the song and dance about, I don't know which task force he works for.
[57:42.220 --> 57:46.220]  He said, unless you can tell me which task force he works for,
[57:46.220 --> 57:49.220]  I can't verify whether or not he works here.
[57:49.220 --> 57:55.220]  And I said, well, I'm trying to, do we need to hold the data?
[57:55.220 --> 57:59.220]  Okay, yeah, hang on. We're going to break.
[57:59.220 --> 58:02.220]  This is Randy Kelton, Deborah Stevens, Eddie Craig with my radio.
[58:02.220 --> 58:04.220]  We're going to the top of the air break.
[58:04.220 --> 58:09.220]  Bill, Leslie, I see you there and I'm sorry for holding you up so long,
[58:09.220 --> 58:13.220]  but this is the subject I've been needing to address for quite a while.
[58:13.220 --> 58:20.220]  And I'm going to go into it in a little bit detail so that it all fits together and makes sense.
[58:20.220 --> 58:27.220]  So give me another segment or so and I'll get this finished up.
[58:27.220 --> 58:31.220]  This is Randy Kelton, Deborah Stevens, Eddie Craig with our radio.
[58:31.220 --> 58:35.220]  Our calling number is 512-646-1984.
[58:35.220 --> 58:37.220]  Give us a call, get in line.
[58:37.220 --> 58:43.220]  Thanks, Jimmy, build up toward the end. We'll be right back on the other side.
[59:07.220 --> 59:14.220]  We'll be right back.
[59:37.220 --> 59:44.220]  888-551-0102. That's 888-551-0102.
[59:44.220 --> 01:00:09.220]  Or visit us online at bfa.org.
[01:00:09.220 --> 01:00:16.220]  Dr. Catherine Albrecht, back to tell you why a ban on two skinny models is a good thing for women of all ages next.
[01:00:40.220 --> 01:00:49.220]  The glossy pages of fashion magazines often feature bony wafes who look more like skeletons than healthy women.
[01:00:49.220 --> 01:00:57.220]  While the girls are glorified as style icons, too often they're just pubescent kids who have dropped out of school and developed eating disorders.
[01:00:57.220 --> 01:01:06.220]  But now the editors of Vogue magazine are imposing a minimum age of 16 for models and they're banning girls who are too skinny from their pages.
[01:01:06.220 --> 01:01:11.220]  As a woman and a former model myself, I'm glad that Vogue is cleaning up its act.
[01:01:11.220 --> 01:01:17.220]  And as a libertarian, I'm especially glad it was public pressure, not government force that turned the tide.
[01:01:17.220 --> 01:01:20.220]  Now that's a model solution.
[01:01:20.220 --> 01:01:32.220]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:01:32.220 --> 01:01:44.220]  Vermont Governor Peter Schumlin isn't known to shirk a political fight, but he beat a hasty retreat when a different kind of opponent showed up in his backyard.
[01:01:44.220 --> 01:01:49.220]  But Dr. Catherine Albrecht, in a moment, I'll tell you what had the governor running scared.
[01:01:49.220 --> 01:01:55.220]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
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[01:02:18.220 --> 01:02:24.220]  Wildlife Pop Quiz. What do you do if you wake up in the middle of the night and see bears in the yard?
[01:02:24.220 --> 01:02:31.220]  My answer? Check the locks and dive back under the covers. But Vermont's governor Peter Schumlin is no city boy.
[01:02:31.220 --> 01:02:37.220]  When he saw four bears feasting on the bird feeders outside his Montpelier home, he yelled out the window.
[01:02:37.220 --> 01:02:45.220]  When that didn't work, he tried shooing the bears away. Finally, naked to his toes, he went outside to rescue his feeders.
[01:02:45.220 --> 01:02:51.220]  Mama Bear was not amused. She chased the bear-bottomed governor right back inside, then returned to her snack.
[01:02:51.220 --> 01:02:56.220]  I guess bears, like many of us, ignore the hand-waving of politicians.
[01:02:56.220 --> 01:03:22.220]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:03:26.220 --> 01:03:40.220]  Okay, I'm back. Randy Kelton, devastated death grade with a radio.
[01:03:40.220 --> 01:03:50.220]  Friday the 13th, 2012, July. We're talking to Chris in Texas, and we're talking about the process.
[01:03:50.220 --> 01:04:00.220]  Okay, you take your complaint to the prosecuting attorney, and if you're in a small county like in Cleburne where they only meet once a month,
[01:04:00.220 --> 01:04:08.220]  then you give them a week after they've met and then go to the clerk and ask to see the minutes of the grand jury.
[01:04:08.220 --> 01:04:15.220]  If they don't have minutes, you could presume that there was no hearing and just move ahead.
[01:04:15.220 --> 01:04:22.220]  If they do have minutes, then check to see if there is evidence of a true bill or a no bill.
[01:04:22.220 --> 01:04:30.220]  Now, we don't care how they keep their records. If they only keep records of true bills, we don't care.
[01:04:30.220 --> 01:04:37.220]  They're a problem. If I look in the minutes of the court and I don't find evidence of a no bill,
[01:04:37.220 --> 01:04:45.220]  then I have reasonable cause to believe the prosecutor did not present it to the grand jury.
[01:04:45.220 --> 01:04:57.220]  And then I take a criminal complaint and go to the, I said, yeah, I tend to go to them and file it with them,
[01:04:57.220 --> 01:05:05.220]  but that's probably not the best approach. It's better to do it by mail.
[01:05:05.220 --> 01:05:09.220]  And any more, when I do that, I'll do everything by mail.
[01:05:09.220 --> 01:05:17.220]  We send the judge these criminal affidavits. They need to be verified criminal affidavits.
[01:05:17.220 --> 01:05:24.220]  And you can go on to jurisprudence and download our blank criminal forms to see how the forms should be structured.
[01:05:24.220 --> 01:05:35.220]  If you're not in Texas, the structures are somewhat different, but only in form and not in substance,
[01:05:35.220 --> 01:05:46.220]  because most every state follows the model penal code standard that the federal government put out
[01:05:46.220 --> 01:05:55.220]  and asked the courts, the states to adopt so that people moving from one state to another would have a relatively
[01:05:55.220 --> 01:06:02.220]  uniform set of laws to deal with. So they would pretty well know when they're doing something that's illegal.
[01:06:02.220 --> 01:06:08.220]  So most of what we are talking about here will be pretty much the same.
[01:06:08.220 --> 01:06:11.220]  There'll be some slight differences within each state.
[01:06:11.220 --> 01:06:24.220]  It's not that hard. Once you look through this structure, Texas has a very well-formulated structure.
[01:06:24.220 --> 01:06:31.220]  And if you look through the other states, it may not be as apparent as it is in Texas,
[01:06:31.220 --> 01:06:35.220]  but most of these structures you will find in there.
[01:06:35.220 --> 01:06:43.220]  So once you check the minutes of the grand jury and you don't see evidence that he filed,
[01:06:43.220 --> 01:06:47.220]  and see this keeps you from having to contact him.
[01:06:47.220 --> 01:06:52.220]  You want to contact him at one time and ask him to do what they're supposed to do,
[01:06:52.220 --> 01:06:56.220]  and then when they don't, then you go somewhere else.
[01:06:56.220 --> 01:07:01.220]  And there's somebody else to call him and say, this guy's trying to get me here. Have you arrested?
[01:07:01.220 --> 01:07:06.220]  That's always more powerful than you going down and arguing with him.
[01:07:06.220 --> 01:07:11.220]  So then we go to a district judge, send a district judge, verify to criminal affidavits.
[01:07:11.220 --> 01:07:19.220]  And what he will do is send you back this very polite letter instructing you that he's not the right place to file this.
[01:07:19.220 --> 01:07:23.220]  You should take this to the police department.
[01:07:23.220 --> 01:07:35.220]  Not. There is nothing in law that directs a criminal complaint to a police officer.
[01:07:35.220 --> 01:07:46.220]  Nothing. Everything in law directs a criminal complaint to some magistrate.
[01:07:46.220 --> 01:07:54.220]  Now the code of criminal procedure authorizes a prosecuting attorney to take criminal complaints.
[01:07:54.220 --> 01:08:04.220]  But when he gets one, he is required by statute to submit it to some magistrate.
[01:08:04.220 --> 01:08:08.220]  Not a judge, but a magistrate.
[01:08:08.220 --> 01:08:12.220]  Every judge is a magistrate.
[01:08:12.220 --> 01:08:17.220]  When you send the criminal complaints, the verified criminal affidavits to the district judge,
[01:08:17.220 --> 01:08:23.220]  you have made it known to the district judge that a crime has been committed
[01:08:23.220 --> 01:08:31.220]  in accordance with the legislative intent of Article 2.10, Code of Criminal Procedure,
[01:08:31.220 --> 01:08:35.220]  which defines the duties of magistrates.
[01:08:35.220 --> 01:08:42.220]  You need to be in the county for all legal means, issue processes, and blah, blah, blah.
[01:08:42.220 --> 01:08:52.220]  And 2.11 directs the states that when a magistrate sits for the purpose of examining into a criminal accusation,
[01:08:52.220 --> 01:08:55.220]  that is an examining trial.
[01:08:55.220 --> 01:09:00.220]  When a magistrate receives a verified criminal complaint,
[01:09:00.220 --> 01:09:07.220]  it is his duty to hold an examining trial and examine into the sufficiency of the allegation
[01:09:07.220 --> 01:09:13.220]  and make the determination as to whether or not there is sufficient evidence to believe
[01:09:13.220 --> 01:09:15.220]  that a crime has been committed.
[01:09:15.220 --> 01:09:23.220]  If there is, then he is to issue an order under 16.17, Code of Criminal Procedure.
[01:09:23.220 --> 01:09:30.220]  He is to issue a warrant if the person hasn't been arrested under 16.20 and under 17.30.
[01:09:30.220 --> 01:09:36.220]  He is to seal all documents, add in the hearing, cause his name to be written across the seal of the envelope
[01:09:36.220 --> 01:09:39.220]  and forward it to the clerk of the court of jurisdiction.
[01:09:39.220 --> 01:09:47.220]  That moves jurisdiction from the magistrate to the court.
[01:09:47.220 --> 01:09:48.220]  It's never done.
[01:09:48.220 --> 01:09:50.220]  None of this stuff's ever done.
[01:09:50.220 --> 01:09:54.220]  But anyway, when you send the verified criminal affidavit to the district judge,
[01:09:54.220 --> 01:09:57.220]  and you want to send it to the highest judge you can find,
[01:09:57.220 --> 01:10:02.220]  he's going to very politely direct you to the police department.
[01:10:02.220 --> 01:10:04.220]  Now, that's an active official impression.
[01:10:04.220 --> 01:10:12.220]  Ms. Feeson sent office, when a public official fails to perform a duty he is required to perform
[01:10:12.220 --> 01:10:20.220]  and in the process denies you in your right to the equal protection of the laws.
[01:10:20.220 --> 01:10:24.220]  That is official oppression in the state of Texas.
[01:10:24.220 --> 01:10:31.220]  Even when the judge doesn't, because when the judge gets that complaint,
[01:10:31.220 --> 01:10:36.220]  he stops being a judge and becomes a magistrate.
[01:10:36.220 --> 01:10:43.220]  You have invoked his duty as a magistrate and like I told one in Travis County,
[01:10:43.220 --> 01:10:49.220]  that's a duty from which you may not shoot yourself.
[01:10:49.220 --> 01:10:55.220]  Though the judge has a duty, he's going to send it back to you with his polite letter
[01:10:55.220 --> 01:10:58.220]  and fail to perform his duties.
[01:10:58.220 --> 01:11:07.220]  Now you come back to the prosecutor and file a criminal complaint against the district judge
[01:11:07.220 --> 01:11:12.220]  for failing to act on your criminal complaint against the prosecutor.
[01:11:12.220 --> 01:11:17.220]  And I've had prosecutors say, well, this is ultimately against me.
[01:11:17.220 --> 01:11:19.220]  What do you want me to do with it?
[01:11:19.220 --> 01:11:22.220]  I said, well, you know, you're learning counsel pretty smart.
[01:11:22.220 --> 01:11:26.220]  I figured you'd come up with something interesting.
[01:11:26.220 --> 01:11:32.220]  Well, what they're required to do is to disqualify themselves,
[01:11:32.220 --> 01:11:38.220]  petition the district court to appoint an attorney pro temp
[01:11:38.220 --> 01:11:43.220]  to present the complaint to the grand jury.
[01:11:43.220 --> 01:11:46.220]  But they won't do that.
[01:11:46.220 --> 01:11:49.220]  Didn't you file a complaint on that?
[01:11:49.220 --> 01:11:54.220]  What you do here is create politics.
[01:11:54.220 --> 01:11:57.220]  You're going to have everybody jumping up and down.
[01:11:57.220 --> 01:12:03.220]  And it was just such a procedure that I used on Johnson County
[01:12:03.220 --> 01:12:11.220]  and wound up having the district attorney finally say, OK, OK, already enough.
[01:12:11.220 --> 01:12:16.220]  And he stood aside and let me present the complaints to the grand jury.
[01:12:16.220 --> 01:12:20.220]  Well, actually, it wasn't that way.
[01:12:20.220 --> 01:12:29.220]  They pushed back the grand jury when they came into the hearing to hand in the indictments
[01:12:29.220 --> 01:12:33.220]  and told them I had complaints against the prosecutor attorney.
[01:12:33.220 --> 01:12:36.220]  That's how I got them before the prosecutor.
[01:12:36.220 --> 01:12:42.220]  But if you want to get something done,
[01:12:42.220 --> 01:12:45.220]  you create a little politics and this is the procedure.
[01:12:45.220 --> 01:12:48.220]  When you get done with the municipal court,
[01:12:48.220 --> 01:12:51.220]  you're not going to want anything to do with you.
[01:12:51.220 --> 01:12:58.220]  And there's a good chance that these officers who stole all your stuff,
[01:12:58.220 --> 01:13:01.220]  they could wind up losing your jobs absolutely.
[01:13:01.220 --> 01:13:07.220]  If they made up that warrant, absolutely they should.
[01:13:07.220 --> 01:13:09.220]  Amen.
[01:13:09.220 --> 01:13:13.220]  This is something I addressed a while back with the feds.
[01:13:13.220 --> 01:13:16.220]  They were doing exactly this sort of thing.
[01:13:16.220 --> 01:13:18.220]  It's too long to go in tonight.
[01:13:18.220 --> 01:13:24.220]  Maybe another time I'll tell about sending a request to every federal magistrate in Pennsylvania
[01:13:24.220 --> 01:13:30.220]  demanding that they produce the cause number for every warrant they had issued,
[01:13:30.220 --> 01:13:37.220]  sealed and subsequently been executed because I thought we had some rogue officials
[01:13:37.220 --> 01:13:41.220]  creating warrants out of thin air, going to the local jurisdictions,
[01:13:41.220 --> 01:13:46.220]  getting the police to run security form, dragging you out of your house at 2 in the morning
[01:13:46.220 --> 01:13:51.220]  while they go in and steal everything you have and then leave and disappear.
[01:13:51.220 --> 01:13:55.220]  After I went after all of the magistrates, all this stuff stopped.
[01:13:55.220 --> 01:13:58.220]  This is the first I've heard of that kind of thing since then.
[01:13:58.220 --> 01:14:05.220]  So it may be that the locals are trying to pull the same kind of shenanigans.
[01:14:05.220 --> 01:14:10.220]  One thing I forgot to suggest to you yesterday is go through the police department
[01:14:10.220 --> 01:14:14.220]  and ask for an inventory from the property room.
[01:14:14.220 --> 01:14:17.220]  Inventory from the property room?
[01:14:17.220 --> 01:14:18.220]  Yes.
[01:14:18.220 --> 01:14:22.220]  They'll have a separate police officer handling property
[01:14:22.220 --> 01:14:27.220]  and you ask him to give you an inventory of everything that's in there.
[01:14:27.220 --> 01:14:29.220]  And he's going to say, well, I have the inventory right here.
[01:14:29.220 --> 01:14:30.220]  I say, no, no, no.
[01:14:30.220 --> 01:14:33.220]  I don't want that inventory.
[01:14:33.220 --> 01:14:37.220]  I want to know what is actually in there.
[01:14:37.220 --> 01:14:44.220]  I want to know that these police officers who came to my house with no proper warrant
[01:14:44.220 --> 01:14:51.220]  don't have my computer on their desk loading kiddie porn in it
[01:14:51.220 --> 01:14:58.220]  so that they can give it back to me and then come and search again
[01:14:58.220 --> 01:15:00.220]  and find the kiddie porn they put in it.
[01:15:00.220 --> 01:15:05.220]  So I would have known you haven't locked up in your property room.
[01:15:05.220 --> 01:15:12.220]  But the property guy, he's not going to want to get in trouble for somebody else.
[01:15:12.220 --> 01:15:15.220]  So I would certainly run that past.
[01:15:15.220 --> 01:15:17.220]  This creates more politics.
[01:15:17.220 --> 01:15:24.220]  If these guys have pulled some shenanigans, the property guy is going to be real unhappy about that.
[01:15:24.220 --> 01:15:30.220]  And if he's a part of it, he's going to be even more unhappy.
[01:15:30.220 --> 01:15:35.220]  OK, that's essentially the routine.
[01:15:35.220 --> 01:15:39.220]  And that's why you don't argue with these people.
[01:15:39.220 --> 01:15:45.220]  You go down and ask them to do something and when they don't do it, oh, wonderful.
[01:15:45.220 --> 01:15:49.220]  Now I get to kick you right square in your pants.
[01:15:49.220 --> 01:15:54.220]  And I get to do it from a distance so you can't even complain about it.
[01:15:54.220 --> 01:15:56.220]  You can't reason with me.
[01:15:56.220 --> 01:15:58.220]  You can't negotiate with me.
[01:15:58.220 --> 01:16:03.220]  I'm just absolutely impossible to deal with.
[01:16:03.220 --> 01:16:06.220]  That's exactly what it is my intention to be.
[01:16:06.220 --> 01:16:08.220]  OK, we have used up a lot of time, Chris.
[01:16:08.220 --> 01:16:10.220]  Yes, sir, we have.
[01:16:10.220 --> 01:16:14.220]  And I hope that gives you something to work with.
[01:16:14.220 --> 01:16:16.220]  We're about to go to break.
[01:16:16.220 --> 01:16:19.220]  And when we come back from the other side, we'll pick you up.
[01:16:19.220 --> 01:16:24.220]  Bill from Florida, Leslie in Pennsylvania, Johnny in Texas.
[01:16:24.220 --> 01:16:29.220]  Thanks, Chris, for your time, for listening and bringing us your issues
[01:16:29.220 --> 01:16:32.220]  and keep us up-to-date on how this goes.
[01:16:32.220 --> 01:16:33.220]  I sure will.
[01:16:33.220 --> 01:16:35.220]  Thank you very much, sir.
[01:16:35.220 --> 01:16:36.220]  You are welcome.
[01:16:36.220 --> 01:16:40.220]  This is Randy Kelkin, David Stevenson, David Craig, you live on radio.
[01:16:40.220 --> 01:16:45.220]  Our calling number is 512-646-1984.
[01:16:45.220 --> 01:16:49.220]  And this is our four-hour info marathon.
[01:16:49.220 --> 01:16:55.220]  Call here, get in line, we'll take your calls, and we'll get back on the other side.
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[01:17:27.220 --> 01:17:32.220]  Call us at 512-646-6440 for more details.
[01:17:32.220 --> 01:17:36.220]  As always, we buy, sell, and trade precious metals, give appraisals,
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[01:17:51.220 --> 01:17:56.220]  Visit us at capitalcoinambulion.com or call 512-646-6440
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[01:19:25.220 --> 01:19:31.220]  I was blindsided, but now I can see you now.
[01:19:31.220 --> 01:19:36.220]  Okay, back to Calvin and Stephen, who's been great on our radio.
[01:19:36.220 --> 01:19:39.220]  We're going to go to Leslie first because she was on the 4B on it,
[01:19:39.220 --> 01:19:44.220]  and she dropped off at 87 because she fell asleep waiting.
[01:19:44.220 --> 01:19:46.220]  That's probably true.
[01:19:46.220 --> 01:19:48.220]  Leslie. Hi.
[01:19:48.220 --> 01:19:50.220]  Are you there? Yes, I'm here.
[01:19:50.220 --> 01:19:52.220]  Wake up, wake up.
[01:19:52.220 --> 01:19:58.220]  Can you hear me okay? Yes, I can.
[01:19:58.220 --> 01:20:01.220]  Okay. This week I've been without Internet,
[01:20:01.220 --> 01:20:06.220]  but I got a chance to go through some things that I had downloaded earlier
[01:20:06.220 --> 01:20:08.220]  and had another chance to review.
[01:20:08.220 --> 01:20:13.220]  And I came across a couple of cases that I've been hearing that they have decided
[01:20:13.220 --> 01:20:19.220]  that said that the mortgages and the notes are non-negotiable.
[01:20:19.220 --> 01:20:25.220]  And then I came across this letter to the Supreme Court of Illinois
[01:20:25.220 --> 01:20:32.220]  Committee on Foreclosures, and it's from the Illinois Bankers Association.
[01:20:32.220 --> 01:20:38.220]  And their problem is that because the notes are non-negotiable,
[01:20:38.220 --> 01:20:45.220]  they don't want to have to have affidavits and stuff to have to foreclose.
[01:20:45.220 --> 01:20:49.220]  Because they said that they're non-negotiable,
[01:20:49.220 --> 01:20:57.220]  and they, especially with MERS, that plaintiffs holding these notes with MERS
[01:20:57.220 --> 01:21:01.220]  as mortgages of records, the parties are precluded as a matter of law
[01:21:01.220 --> 01:21:04.220]  from asserting their holders in due course of the note
[01:21:04.220 --> 01:21:07.220]  and have no beneficial interests in the mortgage
[01:21:07.220 --> 01:21:14.220]  and can't provide documentary evidence of the chain of title from the originating party.
[01:21:14.220 --> 01:21:16.220]  And this is Illinois?
[01:21:16.220 --> 01:21:22.220]  Yes. And they're saying that the notion that defaults on these notes
[01:21:22.220 --> 01:21:26.220]  cannot effectively be pursued in Illinois courts is untenable
[01:21:26.220 --> 01:21:30.220]  to suggest that tens of thousands of seriously delinquent borrowers
[01:21:30.220 --> 01:21:34.220]  could retain their properties and de facto fee simple,
[01:21:34.220 --> 01:21:41.220]  which would happen since there would be no parties to foreclose on these loans.
[01:21:41.220 --> 01:21:47.220]  Okay. Is this a court case or is this some type of a dissertation?
[01:21:47.220 --> 01:21:56.220]  This is a letter that was sent to the Supreme Court Mortgage Foreclosure Committee
[01:21:56.220 --> 01:22:03.220]  of the State of Illinois from the Illinois Bankers Association
[01:22:03.220 --> 01:22:15.220]  to the committee for hearing on the changes that they're trying to make in the foreclosure process in Illinois.
[01:22:15.220 --> 01:22:26.220]  So they seem to be afraid that the State of Illinois is going to put policies in place
[01:22:26.220 --> 01:22:29.220]  that have actually stopped them from foreclosing?
[01:22:29.220 --> 01:22:31.220]  Yes.
[01:22:31.220 --> 01:22:34.220]  That's a good way to quiet title.
[01:22:34.220 --> 01:22:38.220]  Yeah. Yes.
[01:22:38.220 --> 01:22:46.220]  The thing that really stuck out was because in Florida there was a recent decision
[01:22:46.220 --> 01:22:56.220]  that it was an Article VIII under U-Form Code that controls mortgages and not Article III at all.
[01:22:56.220 --> 01:23:01.220]  Because they're saying that it's a secured instrument and it's non-negotiable
[01:23:01.220 --> 01:23:11.220]  and can only be transferred with other assigning paperwork, not by endorsement alone.
[01:23:11.220 --> 01:23:18.220]  Oh, okay. Because I had a concern when you said it's not a negotiable instrument.
[01:23:18.220 --> 01:23:30.220]  Actually the deed of trust authorizes negotiation. So you qualify that it's not negotiable on its own.
[01:23:30.220 --> 01:23:31.220]  Right.
[01:23:31.220 --> 01:23:42.220]  It's only negotiable when it is negotiated with a concurrent transfer of the lien document.
[01:23:42.220 --> 01:23:49.220]  Yes. Well, like you said, it's two parts of one contract.
[01:23:49.220 --> 01:23:59.220]  The way Article VIII or Article I handles that is that it's like there's a whole contract of maybe 20 pages
[01:23:59.220 --> 01:24:05.220]  and then notice the last four pages and the first 16 is the mortgage.
[01:24:05.220 --> 01:24:12.220]  So if you're selling one person the last four pages of the contract and you're selling somebody else
[01:24:12.220 --> 01:24:17.220]  the first 16 pages, the contract's void.
[01:24:17.220 --> 01:24:22.220]  Just because neither one of them holds full contract.
[01:24:22.220 --> 01:24:28.220]  Well, that would imply that both of them could come together and take the action.
[01:24:28.220 --> 01:24:35.220]  Oh, well, they would have to accept that. Except that.
[01:24:35.220 --> 01:24:40.220]  Only one can hold the beneficial interest.
[01:24:40.220 --> 01:24:41.220]  Exactly.
[01:24:41.220 --> 01:24:47.220]  That's the only one that can make the client because the other cannot be formed.
[01:24:47.220 --> 01:24:55.220]  That's right. But they can't make a claim on anything if they don't have the information paperwork it tells you where.
[01:24:55.220 --> 01:24:58.220]  The beginning of it.
[01:24:58.220 --> 01:25:08.220]  That's perfect for what we're doing. Our primary suit is one question.
[01:25:08.220 --> 01:25:11.220]  Who are you?
[01:25:11.220 --> 01:25:13.220]  Exactly.
[01:25:13.220 --> 01:25:17.220]  You made this demand for payment. Who are you?
[01:25:17.220 --> 01:25:26.220]  I don't know you. Never entered into a contract with you. Never entered into a contract with your alleged principal.
[01:25:26.220 --> 01:25:30.220]  Prove up agency standing in capacity.
[01:25:30.220 --> 01:25:31.220]  Right.
[01:25:31.220 --> 01:25:35.220]  So this is perfect. This goes right to the primary issue.
[01:25:35.220 --> 01:25:42.220]  I've been saying this is a matter of round hole square pick.
[01:25:42.220 --> 01:25:46.220]  The banks know it.
[01:25:46.220 --> 01:25:48.220]  Yes, they do.
[01:25:48.220 --> 01:25:55.220]  And they're trying to pull a bull over everybody else's eyes. Screaming article three, article three, article three.
[01:25:55.220 --> 01:25:58.220]  You're such an animal.
[01:25:58.220 --> 01:26:04.220]  That is a very good point. You have given me some homework.
[01:26:04.220 --> 01:26:08.220]  I am going to dissect article eight.
[01:26:08.220 --> 01:26:11.220]  No, article nine.
[01:26:11.220 --> 01:26:19.220]  Okay, article nine. I've done some work with article nine. I will go through that in detail.
[01:26:19.220 --> 01:26:25.220]  I'm going to send you this when I get internet. I'm not in any area where there is internet right now.
[01:26:25.220 --> 01:26:28.220]  So I will be sending that to you next week.
[01:26:28.220 --> 01:26:30.220]  Okay.
[01:26:30.220 --> 01:26:33.220]  Are you in Hillbilly, North Carolina?
[01:26:33.220 --> 01:26:37.220]  No, I'm in the Plain East of New Jersey.
[01:26:37.220 --> 01:26:41.220]  Oh.
[01:26:41.220 --> 01:26:44.220]  Flatlanders here.
[01:26:44.220 --> 01:26:46.220]  Flatlanders.
[01:26:46.220 --> 01:26:51.220]  This is interesting. Have you sent me those documents?
[01:26:51.220 --> 01:26:56.220]  I have a copy of this letter that I could show you.
[01:26:56.220 --> 01:26:59.220]  I mean, I would send you this letter.
[01:26:59.220 --> 01:27:02.220]  I would very much like to see that.
[01:27:02.220 --> 01:27:09.220]  This goes to exactly the research we're doing right now. Actually, it would help support.
[01:27:09.220 --> 01:27:18.220]  What I'm doing now primarily is looking at how to correct the counting record.
[01:27:18.220 --> 01:27:23.220]  I'm looking for different procedures that are available.
[01:27:23.220 --> 01:27:35.220]  And it appears that in California, the courts have relegated that correction of records to the, what do they call them?
[01:27:35.220 --> 01:27:41.220]  The Governor's Board of Governors.
[01:27:41.220 --> 01:27:50.220]  I expect that the Board of Governors is like a commissioner's court in most states.
[01:27:50.220 --> 01:27:56.220]  But they're the ones that correct a record. And that actually makes sense.
[01:27:56.220 --> 01:28:00.220]  Because they're the ones who have an interest.
[01:28:00.220 --> 01:28:05.220]  The county clerk is the one that takes these filings.
[01:28:05.220 --> 01:28:12.220]  And if the county clerk takes a files a document, and in California,
[01:28:12.220 --> 01:28:18.220]  it's a crime for the clerk to file a document that doesn't meet the statutory requirements.
[01:28:18.220 --> 01:28:23.220]  So that would put the county clerk at risk of similar litigation.
[01:28:23.220 --> 01:28:35.220]  Which would give the county itself good cause for concern to ensure that the county records are accurate.
[01:28:35.220 --> 01:28:40.220]  If I could find a way to get there in other states, that would be wonderful.
[01:28:40.220 --> 01:28:43.220]  Because you have people here with a different agenda.
[01:28:43.220 --> 01:28:50.220]  Not only that, under Article 9 of the Uniform Commercial Code, and I've read it several times,
[01:28:50.220 --> 01:29:03.220]  and one of the things that it covers is that when you have a security note that's secured by something like a property,
[01:29:03.220 --> 01:29:13.220]  it has to be when you transfer that, the transfer is accomplished by the assignment.
[01:29:13.220 --> 01:29:23.220]  But the interest has to be recorded either where you file UCC-1 documents,
[01:29:23.220 --> 01:29:30.220]  or in the case of property, it would be in where they put the mortgages in the property record.
[01:29:30.220 --> 01:29:34.220]  Okay, hold on.
[01:29:34.220 --> 01:29:38.220]  I sure wouldn't talk about that when I come back on the other side.
[01:29:38.220 --> 01:29:46.220]  Craig Watkins, the district attorney for Dallas County, will be very glad to hear that information.
[01:29:46.220 --> 01:29:49.220]  I'll explain when we get back on the other side.
[01:29:49.220 --> 01:29:52.220]  This is Randy Calhoun, David Stevens, Ada Craig.
[01:29:52.220 --> 01:30:00.220]  With our radio, our calling number 512-646-1984, we'll be right back.
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[01:32:26.220 --> 01:32:29.220]  Okay, we're back.
[01:32:29.220 --> 01:32:43.220]  Randy Kelton, Deborah Stevens, Eddie Craig, Lou LaRio, and we're talking to Leslie in Pennsylvania, or Leslie in New Jersey, as the circumstance may be.
[01:32:43.220 --> 01:32:55.220]  And we're talking about the difference between a negotiable instrument and a secured note.
[01:32:55.220 --> 01:33:12.220]  And when you were going out, you said that the uniform commercial code required that an assignment of a secured instrument be filed in the public record.
[01:33:12.220 --> 01:33:14.220]  Yes.
[01:33:14.220 --> 01:33:17.220]  You know, like if it's a car, it would be where they register cars.
[01:33:17.220 --> 01:33:20.220]  It would be registered with title.
[01:33:20.220 --> 01:33:25.220]  But if it was like furniture, it would be registered under the UCC, wherever you register UCC.
[01:33:25.220 --> 01:33:35.220]  If it was jewels or furs or something, if it's real estate, it's with a property record as an assignment of mortgage or as a mortgage itself.
[01:33:35.220 --> 01:33:42.220]  But any assumption has to be recorded within 90 days.
[01:33:42.220 --> 01:33:43.220]  Okay, wait.
[01:33:43.220 --> 01:33:47.220]  If it was to be filed within 90 days.
[01:33:47.220 --> 01:33:48.220]  90 days.
[01:33:48.220 --> 01:33:53.220]  And what is the remedy if it's not filed within 90 days?
[01:33:53.220 --> 01:33:56.220]  It's not transferred.
[01:33:56.220 --> 01:33:57.220]  That's what transferred.
[01:33:57.220 --> 01:34:06.220]  I was hoping there was something in the code because sometimes we have requirements.
[01:34:06.220 --> 01:34:11.220]  But if somebody doesn't meet the requirements, there's no real remedy.
[01:34:11.220 --> 01:34:13.220]  The remedy needs to be written in.
[01:34:13.220 --> 01:34:16.220]  Is there anything in the code?
[01:34:16.220 --> 01:34:19.220]  I don't recall.
[01:34:19.220 --> 01:34:26.220]  I'm looking at, I'm trying to look up in some of the records that I have here to see if it's in there.
[01:34:26.220 --> 01:34:27.220]  I'm not sure.
[01:34:27.220 --> 01:34:29.220]  It's been a while since I've read it.
[01:34:29.220 --> 01:34:39.220]  But like I said, I do know it does say that it has to be recorded in 90 days to perfect the transfer.
[01:34:39.220 --> 01:34:46.220]  That's the word we needed to perfect the transfer.
[01:34:46.220 --> 01:34:47.220]  Wonderful.
[01:34:47.220 --> 01:34:58.220]  And we can go to the court and say that the transfer was never perfected because there is this requirement under the UCC.
[01:34:58.220 --> 01:35:09.220]  And each litigant has a right to a reasonable expectation that the UCC will be followed.
[01:35:09.220 --> 01:35:21.220]  The UCC is commercial, it's not statutory, but it doesn't have penalties when you violate.
[01:35:21.220 --> 01:35:30.220]  But we do have an expectation that we follow and then that would go to breach of good faith and fair dealing.
[01:35:30.220 --> 01:35:32.220]  I hope that's right.
[01:35:32.220 --> 01:35:39.220]  I'm trying to find a way to structure the complaint.
[01:35:39.220 --> 01:35:44.220]  It's not enough to say somebody did something wrong.
[01:35:44.220 --> 01:35:49.220]  You have to, and it's not enough to say somebody did something wrong and you were harmed.
[01:35:49.220 --> 01:35:57.220]  You have to show how you can convert that harm into a defined cause of action.
[01:35:57.220 --> 01:36:04.220]  And there are books out, I have one from here in Texas called O'Connor's Causes of Action.
[01:36:04.220 --> 01:36:07.220]  And they list all of the defined causes of action.
[01:36:07.220 --> 01:36:10.220]  So when you make a claim, you have to make it under that cause of action.
[01:36:10.220 --> 01:36:12.220]  You can't just say that you did something wrong.
[01:36:12.220 --> 01:36:19.220]  So if I sound like I'm doing something strange, that's where I'm trying to move everything to.
[01:36:19.220 --> 01:36:29.220]  And it would appear that the violation of the UCC would take us to breach of good faith and fair dealing.
[01:36:29.220 --> 01:36:32.220]  Of course, absolutely.
[01:36:32.220 --> 01:36:36.220]  Well, you know where it goes back to the beginning.
[01:36:36.220 --> 01:36:44.220]  If they wanted not to breach your faith and fair dealings, they wouldn't have done it with putting MERS in in the first stroke.
[01:36:44.220 --> 01:36:45.220]  Exactly.
[01:36:45.220 --> 01:36:56.220]  And as I read both the mortgages and the deeds of trust, you know, all of this, all fits exactly together.
[01:36:56.220 --> 01:37:11.220]  In the mortgage or deed of trust, the borrower only put in one stipulation, one limitation on the lender.
[01:37:11.220 --> 01:37:15.220]  And that was just during paragraph 20.
[01:37:15.220 --> 01:37:24.220]  That's where the borrower authorized the lender to sell a portion of the note or the entire note.
[01:37:24.220 --> 01:37:31.220]  Brackets together with this security instrument.
[01:37:31.220 --> 01:37:37.220]  That is the only limitation put in the entire document.
[01:37:37.220 --> 01:37:48.220]  And that is the very limitation that had to be there to be able to enforce a securitized note to make the note,
[01:37:48.220 --> 01:38:02.220]  any transfer of the note can comply with 9 UCC and to avoid exactly the disaster we see right now.
[01:38:02.220 --> 01:38:12.220]  And the only reason MERS was put in there was for this specific and stated purpose of bifurcating the note,
[01:38:12.220 --> 01:38:25.220]  breaching paragraph 20 of the contract which constitutes, say, a repudiation of the contract that goes to voluntary rescission.
[01:38:25.220 --> 01:38:30.220]  Every single one of them is that way.
[01:38:30.220 --> 01:38:31.220]  Right.
[01:38:31.220 --> 01:38:38.220]  All the law is there and we keep finding more and more.
[01:38:38.220 --> 01:38:42.220]  It's like they set themselves up for this.
[01:38:42.220 --> 01:38:46.220]  Yeah, they knew.
[01:38:46.220 --> 01:38:48.220]  They knew.
[01:38:48.220 --> 01:39:02.220]  They have to know, oh, here's one, UCC 9-312E temporary for perfection, a security interest in certificated securities,
[01:39:02.220 --> 01:39:10.220]  negotiable instruments, or documents, is perfected without filing or taking possession of control for a period of 20 days
[01:39:10.220 --> 01:39:19.220]  and the time it attaches to the extent that it arises for new value given an authenticated security agreement,
[01:39:19.220 --> 01:39:26.220]  which would be the defining document.
[01:39:26.220 --> 01:39:28.220]  Wait a minute.
[01:39:28.220 --> 01:39:29.220]  That's one.
[01:39:29.220 --> 01:39:30.220]  I missed most of that.
[01:39:30.220 --> 01:39:32.220]  Can you read that again a little slower?
[01:39:32.220 --> 01:39:34.220]  I'm not very fast.
[01:39:34.220 --> 01:39:36.220]  Okay, wait a second.
[01:39:36.220 --> 01:39:38.220]  Let me get it back again.
[01:39:38.220 --> 01:39:40.220]  I had it.
[01:39:44.220 --> 01:39:46.220]  Let me get back up here again.
[01:39:46.220 --> 01:39:54.220]  It was UCC 9-3.
[01:39:54.220 --> 01:39:56.220]  I have one, two, three.
[01:39:56.220 --> 01:40:08.220]  Okay, let me see.
[01:40:08.220 --> 01:40:14.220]  Just like under TILA, exactly under TILA, the same thing.
[01:40:14.220 --> 01:40:18.220]  And there's a $500 penalty.
[01:40:18.220 --> 01:40:20.220]  There's the remedy.
[01:40:20.220 --> 01:40:22.220]  Huh?
[01:40:22.220 --> 01:40:26.220]  I said there's the remedy I was looking for.
[01:40:26.220 --> 01:40:28.220]  That's what we hope to find on all of them.
[01:40:28.220 --> 01:40:30.220]  It's not just that they did something wrong.
[01:40:30.220 --> 01:40:43.220]  Now, under 312E, a security interest in certificated securities, negotiable instruments, and documents is perfected without filing or taking possession
[01:40:43.220 --> 01:40:55.220]  for a period of 20 days from the time it attaches to the extent that it arises for new value given under an authenticated security agreement.
[01:40:55.220 --> 01:41:02.220]  That means it has to have the notary sign it, you know, like a sign in the mortgage.
[01:41:02.220 --> 01:41:05.220]  They can't just sign papers.
[01:41:05.220 --> 01:41:08.220]  They have to be authenticated.
[01:41:08.220 --> 01:41:12.220]  That was a question that I had.
[01:41:12.220 --> 01:41:22.220]  I looked in the record and I see all of these documents filed with verifications of them.
[01:41:22.220 --> 01:41:28.220]  And I didn't know where that requirement came from.
[01:41:28.220 --> 01:41:31.220]  It was clear there was a requirement.
[01:41:31.220 --> 01:41:41.220]  But when I made the claim that they filed this document, and this document lacked a valid verification.
[01:41:41.220 --> 01:41:50.220]  Therefore, I want to say, therefore, the document is insufficient as a matter of law.
[01:41:50.220 --> 01:41:54.220]  But the question came up, what law?
[01:41:54.220 --> 01:41:56.220]  And I didn't have it.
[01:41:56.220 --> 01:42:05.220]  This sounds like it would give me some of those missing pieces that I have been meeting.
[01:42:05.220 --> 01:42:12.220]  Right. And then they have, you know, under nine four is about the assignee's rights and subjects to terms.
[01:42:12.220 --> 01:42:17.220]  And an assignment of, here's one, 4060.
[01:42:17.220 --> 01:42:26.220]  An assignment of record of a security interest in a fixture covered by a record of mortgage is effective as a financing statement filed as a fixture filing
[01:42:26.220 --> 01:42:35.220]  to be made only as an assignment of the record of the mortgage in the manner provided by law.
[01:42:35.220 --> 01:42:38.220]  You read that way too fast.
[01:42:38.220 --> 01:42:43.220]  I'm sorry.
[01:42:43.220 --> 01:42:45.220]  It's easier to read.
[01:42:45.220 --> 01:42:50.220]  You'll notice when I quote statutes.
[01:42:50.220 --> 01:42:56.220]  I tend to go real slow because there's so much interaction here.
[01:42:56.220 --> 01:43:00.220]  It's sometimes hard to put the pieces together.
[01:43:00.220 --> 01:43:16.220]  An assignment of record of a security interest in a fixture covered by a record of a mortgage, which is effective as a financing statement filed as a fixture filing
[01:43:16.220 --> 01:43:31.220]  under section nine five or two C may be made only by an assignment of record of the mortgage in the manner provided by the law of this state other than the Uniform Commercial Care.
[01:43:31.220 --> 01:43:35.220]  That's under, you know, they were awesome.
[01:43:35.220 --> 01:43:36.220]  Okay.
[01:43:36.220 --> 01:43:37.220]  Hold on.
[01:43:37.220 --> 01:43:38.220]  We're about to go to break.
[01:43:38.220 --> 01:43:47.220]  We're talking with Leslie in California, Johnny J. Nick.
[01:43:47.220 --> 01:43:48.220]  I see there.
[01:43:48.220 --> 01:43:51.220]  We will pick you up when you get back on the other side.
[01:43:51.220 --> 01:43:55.220]  Our calling number 512-646-1984.
[01:43:55.220 --> 01:43:56.220]  Give us a call.
[01:43:56.220 --> 01:43:57.220]  Get in line.
[01:43:57.220 --> 01:44:00.220]  We'll be right back.
[01:44:00.220 --> 01:44:09.220]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy and neither is finding like-minded people to share it with.
[01:44:09.220 --> 01:44:12.220]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:44:12.220 --> 01:44:13.220]  Brave New Books?
[01:44:13.220 --> 01:44:14.220]  Yes.
[01:44:14.220 --> 01:44:20.220]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul and G. Edward Griffin.
[01:44:20.220 --> 01:44:24.220]  They even stock Interfood, Burkey products and Calvin Soaps.
[01:44:24.220 --> 01:44:26.220]  There's no way a place like that exists.
[01:44:26.220 --> 01:44:32.220]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street just south of UT.
[01:44:32.220 --> 01:44:35.220]  Oh, by UT? There's never anywhere to park down there.
[01:44:35.220 --> 01:44:43.220]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:43.220 --> 01:44:47.220]  It does exist, but when are they open?
[01:44:47.220 --> 01:45:00.220]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays. So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
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[01:46:19.220 --> 01:46:28.220]  Okay, we're back. Randy Calton ever sees a quake. We've got radio, and we're talking to Leslie in California.
[01:46:28.220 --> 01:46:43.220]  Leslie, you have certainly gave me some homework to do. I am going to have to go through this chapter 9 of the UCC, or section 9 of the UCC, with a fine-tooth comb.
[01:46:43.220 --> 01:46:50.220]  I suspect it's going to generate some real gems. Yes.
[01:46:50.220 --> 01:47:16.220]  Section 625-F on Article 9 says a debtor or obliger may recover damages under subsection B, and in addition, $500 in each case from a person that without reasonable cause fails to comply with a request under 9-210, a recipient of a request under section 9-210,
[01:47:16.220 --> 01:47:27.220]  has never claimed an interest in the collateral or obligations that are the subject of the request under that section, has reasonable excuse for failure to comply.
[01:47:27.220 --> 01:47:36.220]  So it means if they never have an interest and never claim an interest, they don't have to comply. But if they have an interest, they've got to answer.
[01:47:36.220 --> 01:48:01.220]  So if we did a securities audit, and we find every party that has an investment in the instrument, and did not report that interest, then we could pursue them for $500 each.
[01:48:01.220 --> 01:48:26.220]  Oh, now the investors used MERS, the banks used MERS, so that they wouldn't be shackled with the oppressive cost of the $30 filing fee for each change of beneficial interest in the security.
[01:48:26.220 --> 01:48:44.220]  It looks like we get to bump that up to $500. I would definitely have to take a close look at that. It sounds like we can ratchet things up a little, and this will give us a cause of action.
[01:48:44.220 --> 01:49:11.220]  I need to look at the nature of the claim. Is it a claim that is harmed per se? By that I mean, do you have to show harm because of this, or is it harmed by its very nature, like a civil rights violation?
[01:49:11.220 --> 01:49:21.220]  And if it is a harm, the penalty, is it listed as a penalty or a fine or a fee?
[01:49:21.220 --> 01:49:43.220]  Because generally, if it's a penalty, the penalty would go to the person who, against whom the infraction occurred. If it's a fine or fee, it would only go to the agency, and I was expecting UCC would be a penalty.
[01:49:43.220 --> 01:49:54.220]  So the actor could make the claim for each violation individually. Oh, that would be so much fun.
[01:49:54.220 --> 01:50:05.220]  Okay, Leslie, we've spent a lot of time. We need to set you up to do a whole show on these nights, but I really do need to move on.
[01:50:05.220 --> 01:50:16.220]  I've had Bill and Johnny and Jay waiting for quite a while. Do you have anything else we need to hear right away?
[01:50:16.220 --> 01:50:22.220]  I think we may have lost Leslie. Okay, we're going to go to Bill.
[01:50:22.220 --> 01:50:25.220]  We didn't lose Roy. We got her muted.
[01:50:25.220 --> 01:50:32.220]  No, I just unmuted her. I just now muted her. She was unmuted on the screen.
[01:50:32.220 --> 01:50:40.220]  Yeah, she just dropped off, so we lost her. Okay, back to Bill in Florida.
[01:50:40.220 --> 01:50:42.220]  Good evening, Randall.
[01:50:42.220 --> 01:50:45.220]  Good evening, Mr. Bill.
[01:50:45.220 --> 01:50:47.220]  Am I coming in okay?
[01:50:47.220 --> 01:50:50.220]  Yes, you are. What do you have for us?
[01:50:50.220 --> 01:51:11.220]  Well, I'm involved in a lawsuit with my homeowner's association and a turn of events throughout the whole proceeding as I've actually got a lot of options that I'm hoping you could help me understand.
[01:51:11.220 --> 01:51:26.220]  First and foremost, they filed a claim of lien against my home and I'm the defendant and my wife as well, so we're both named in the suit. Hello?
[01:51:26.220 --> 01:51:28.220]  Yeah, we're here. Go ahead.
[01:51:28.220 --> 01:51:43.220]  Okay, so we're both named in the suit and the suit alleges that we didn't pay our assessments for since 2010, which is true.
[01:51:43.220 --> 01:51:54.220]  However, the twist is that the homeowner's association, they never created a binding obligation from which to pay.
[01:51:54.220 --> 01:52:10.220]  So by that, I mean that every year there's supposed to pass a budget and that budget becomes an obligation amongst the member owners where we have to equally pay to pay for the expenses of the homeowner's association.
[01:52:10.220 --> 01:52:17.220]  But they acted outside of the governing documents.
[01:52:17.220 --> 01:52:22.220]  And when they did that, an obligation was never created.
[01:52:22.220 --> 01:52:36.220]  I took this argument in one of my motions and the judge did agree with me and she ordered that the plaintiff dissolve all liens against my home.
[01:52:36.220 --> 01:52:45.220]  So a lot of my options because they're going after my home in a four-cosure claim of lien, which was dismissed.
[01:52:45.220 --> 01:52:47.220]  I'm thinking those negligence.
[01:52:47.220 --> 01:52:57.220]  Okay, hold on. Are they going after your home based on the same claim that was dismissed?
[01:52:57.220 --> 01:52:59.220]  Yes, sir.
[01:52:59.220 --> 01:53:12.220]  This is a motion, a summary judgment motion to dismiss Resturant Cudder. They're collaterally stopped from pursuing this and you should file a counterclaim against them for malicious prosecution.
[01:53:12.220 --> 01:53:18.220]  No, actually, I think I misunderstood you. We're still, I think actually the whole thing should have been thrown out.
[01:53:18.220 --> 01:53:27.220]  But the judge, for some reason, she still kept the first count, which was breach of contract.
[01:53:27.220 --> 01:53:37.220]  But in all actuality, when we went to the hearing, they were the actual ones that actually breached the fiduciary duty to create a binding obligation.
[01:53:37.220 --> 01:53:41.220]  So there was no breach of contract because there was nothing to pay.
[01:53:41.220 --> 01:53:46.220]  Wait, did I misunderstand so the judge did not rule in your favor?
[01:53:46.220 --> 01:53:52.220]  No, she did. She dismissed the second count, which was a four-closered claim of lien.
[01:53:52.220 --> 01:53:58.220]  She dissolved all claims of lien against my home.
[01:53:58.220 --> 01:54:10.220]  But the first count, which was the, oh gosh, the breach of contract, she left that in there still.
[01:54:10.220 --> 01:54:15.220]  Okay, that means they have no claim against your property.
[01:54:15.220 --> 01:54:19.220]  So do you have a lien against your property?
[01:54:19.220 --> 01:54:22.220]  I don't think I do.
[01:54:22.220 --> 01:54:26.220]  Get you one.
[01:54:26.220 --> 01:54:27.220]  What?
[01:54:27.220 --> 01:54:31.220]  This is kind of a backdoor way of putting the brakes on them.
[01:54:31.220 --> 01:54:36.220]  Are they attempting to foreclose or are they suing you?
[01:54:36.220 --> 01:54:43.220]  They're suing me, but in the lawsuit, they were attempting to foreclose my home.
[01:54:43.220 --> 01:54:52.220]  It would kind of work out like a mortgage foreclosure, but in the state of Florida, there's a separate set of statutes for homeowners associations.
[01:54:52.220 --> 01:55:00.220]  They have their own procedures that they got to follow when the homeowners association is bringing a foreclosure claim of lien.
[01:55:00.220 --> 01:55:08.220]  Okay, then you need to bring a collateral and a stop-all objection.
[01:55:08.220 --> 01:55:12.220]  I don't think they're going anywhere with the foreclosure.
[01:55:12.220 --> 01:55:13.220]  That's okay.
[01:55:13.220 --> 01:55:15.220]  Listen, listen.
[01:55:15.220 --> 01:55:23.220]  Okay, you have to understand the trial court is merely about setting the record for appeal.
[01:55:23.220 --> 01:55:24.220]  Okay.
[01:55:24.220 --> 01:55:30.220]  In the end, you don't care what the trial court does, it'd be nice if they were in your favor, but if they don't, there's no big deal.
[01:55:30.220 --> 01:55:36.220]  All you're doing in the trial court is setting the record for appeal.
[01:55:36.220 --> 01:55:46.220]  If you keep that in perspective, it makes it a lot easier to tolerate the bad decisions by the judge.
[01:55:46.220 --> 01:56:03.220]  So if the judge has ruled that the homeowners association has no claim against the property, if she's dismissed the liens, the only way they could file suit is to sue you personally,
[01:56:03.220 --> 01:56:14.220]  get a judgment against you, and then ask the court to issue an order to liquidate your property to satisfy the lien.
[01:56:14.220 --> 01:56:17.220]  How much is the lien?
[01:56:17.220 --> 01:56:19.220]  Well, it's not a lot.
[01:56:19.220 --> 01:56:32.220]  Well, the letter that he sent me last, this was sometime in March of last year, actually, it was for about $2,500.
[01:56:32.220 --> 01:56:34.220]  They've got to be kidding.
[01:56:34.220 --> 01:56:39.220]  You need to file a countersuit against them for religious prosecution.
[01:56:39.220 --> 01:56:42.220]  Have you barred grieve to the lawyers?
[01:56:42.220 --> 01:56:46.220]  Twice, and I'm working on one this weekend.
[01:56:46.220 --> 01:56:48.220]  Good man.
[01:56:48.220 --> 01:57:05.220]  And now you need to look, if they have been stopped statutorily, I mean, I'm not statutorily, I'm sorry, if the judge has ruled that they do not have a lien against your property,
[01:57:05.220 --> 01:57:15.220]  and they have filed a document in the court record claiming to have a lien against your property. You need to file criminal charges with the district attorney.
[01:57:15.220 --> 01:57:30.220]  That's where I was going with this, because in Florida, we have what's called a statute A43.0855, which goes to a simulation of a legal process.
[01:57:30.220 --> 01:57:36.220]  Exactly. We have a similar statute in Texas.
[01:57:36.220 --> 01:57:45.220]  Yeah, I would have imagined that. So it's a criminal statute, but they allow for criminal torts, I mean civil tort.
[01:57:45.220 --> 01:57:50.220]  Civil tort as a result of the criminal action, absolutely. This is perfect.
[01:57:50.220 --> 01:57:51.220]  Correct.
[01:57:51.220 --> 01:58:00.220]  And so, before you do that, make sure you read the statute carefully.
[01:58:00.220 --> 01:58:10.220]  Read all of the elements of the crime, and make sure that you address each element before you make a complaint.
[01:58:10.220 --> 01:58:16.220]  Okay, hang on. We'll go into the top of the hour break. We'll pick you up on the other side.
[01:58:16.220 --> 01:58:24.220]  Johnny, Jay, Nick, I see you on there. Hang on, we will get to you. This is Randy Kelton, David Stevens, Eddie Craig.
[01:58:24.220 --> 01:58:30.220]  We have no radio. We're about to go into our second hour. Things tend to pick up in the second hour.
[01:58:30.220 --> 01:58:43.220]  So if you have a question or a comment, call in 512-646-1984 and get in line, and we will pick you up as we come to you.
[01:58:43.220 --> 01:58:46.220]  We'll be right back on the other side.
[01:59:13.220 --> 01:59:28.220]  But the real story is the more than 9,000 explanatory footnotes. Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the word beyond which you've ever experienced before.
[01:59:28.220 --> 01:59:48.220]  The free study Bible for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com.
[01:59:48.220 --> 01:59:51.220]  That's freestudybible.com.
[01:59:51.220 --> 02:00:00.220]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.