[00:00.000 --> 00:06.000]  Do you rise with the roosters or hoot with the owls?
[00:06.000 --> 00:10.000]  Either way, it's your brain that determines what time of day you're at your best.
[00:10.000 --> 00:16.000]  I'm Dr. Catherine Albrecht and I'll be back with new research on how the clock affects brain function next.
[00:16.000 --> 00:22.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.000 --> 00:32.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[00:32.000 --> 00:38.000]  Privacy, it's worth hanging on to. This message is brought to you by StartPage.com
[00:38.000 --> 00:45.000]  The private search engine alternative to Google, Yahoo and Bing. Start over with StartPage.
[00:45.000 --> 00:51.000]  Are you a morning person or a night owl? Researchers say our brains determine the answer.
[00:51.000 --> 00:56.000]  They scan volunteers for muscle strength and the excitability of pathways through their nervous systems.
[00:56.000 --> 01:03.000]  They found the brains of early risers worked best at 9 a.m. while the night owls peaked at 9 p.m.
[01:03.000 --> 01:08.000]  Late sleepers also grew stronger throughout the day while morning folks stayed steady.
[01:08.000 --> 01:14.000]  So early birds go easy on those night owls. Sleeping in is more a function of biology than willpower.
[01:14.000 --> 01:22.000]  And once they clear the sleep from their eyes, night owls grow stronger with each passing moment, so they're on a continual upswing.
[01:22.000 --> 01:27.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:34.000 --> 01:43.000]  A judge has imposed a lifetime driving ban on a 17-year-old boy after a serious accident to send a message about reckless driving.
[01:43.000 --> 01:48.000]  I'm Dr. Catherine Albrecht and I'll be back with more on this unusually harsh punishment in a moment.
[01:48.000 --> 01:54.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:54.000 --> 01:59.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:59.000 --> 02:04.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[02:04.000 --> 02:07.000]  Privacy, it's worth hanging on to.
[02:07.000 --> 02:14.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[02:14.000 --> 02:18.000]  Start over with StartPage.
[02:18.000 --> 02:23.000]  17-year-old Lyle Topo was cruising with three buddies and texting while driving.
[02:23.000 --> 02:29.000]  He crashed into a tree, badly injuring all four boys. One was in a coma for weeks.
[02:29.000 --> 02:33.000]  The judge gave him a lecture about how the roads are littered with broken futures.
[02:33.000 --> 02:37.000]  Then he revoked the boy's driver's license for life.
[02:37.000 --> 02:41.000]  What Lyle did was wrong, but at age 17, we all make mistakes.
[02:41.000 --> 02:47.000]  By revoking his license for life, the judge issued a virtual death sentence to his career and future.
[02:47.000 --> 02:53.000]  In 20 years, he'll be a husband and a dad, unable to even drive his son to a soccer game.
[02:53.000 --> 02:55.000]  Now that's cruel and unusual.
[02:55.000 --> 03:02.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[03:02.000 --> 03:10.000]  Music
[03:10.000 --> 03:15.000]  Bad boys, what you want, what you want, what you're going to do
[03:15.000 --> 03:20.000]  When every summer comes for you
[03:20.000 --> 03:27.000]  Tell me, what you're going to do, what you're going to do
[03:27.000 --> 03:32.000]  Yeah, bad boys, bad boys, what you're going to do
[03:32.000 --> 03:34.000]  What you're going to do when they come for you
[03:34.000 --> 03:37.000]  Bad boys, bad boys, what you're going to do
[03:37.000 --> 03:40.000]  What you're going to do when they come for you
[03:40.000 --> 03:43.000]  When you were eight and you had that tree
[03:43.000 --> 03:45.000]  You go to school and learn to go and then rule
[03:45.000 --> 03:48.000]  So why are you acting like a bloody fool
[03:48.000 --> 03:51.000]  If you're getting hot and you're much just cool
[03:51.000 --> 03:54.000]  Bad boys, bad boys, what you're going to do
[03:54.000 --> 03:59.000]  Bad boys, bad boys, what you're going to do
[03:59.000 --> 04:01.000]  What you're going to do when they come for you
[04:01.000 --> 04:05.000]  Bad boys, bad boys, what you're going to do
[04:05.000 --> 04:07.000]  When they come for you
[04:07.000 --> 04:10.000]  Bad boys, bad boys what you're going to do
[04:10.000 --> 04:12.000]  When they come for you
[04:12.000 --> 04:16.000]  Bad boys, bad boys, what you're going to do
[04:16.000 --> 04:18.000]  When they come for you
[04:18.000 --> 04:21.000]  Bad boys, bad boys, what you're going to do
[04:21.000 --> 04:23.000]  What you're going to do when they come for you
[04:53.000 --> 04:55.980]  What you gonna do, what you gonna do when they come for you?
[04:55.980 --> 05:02.120]  Bad boy, bad boy, what you gonna do, what you gonna do when they come for you?
[05:02.120 --> 05:07.800]  Bad boys, bad boys, watch it go to the moon, watch it go to the moon with a gun for you.
[05:24.280 --> 05:30.440]  Okay, we are here for our Thursday night two-hour show.
[05:30.440 --> 05:36.960]  This is Randy Kelton, Eddie Craig, Deborah Stevens has the evening off.
[05:36.960 --> 05:49.960]  It is September 30th, Thursday, and I'm finally back from running around the country.
[05:49.960 --> 05:53.760]  It's been a very long couple of weeks.
[05:53.760 --> 06:03.360]  We had a great wedding in Alabama, we were down on the beach, and it looked like this
[06:03.360 --> 06:10.880]  hurricane was originally projected to hit the beach just west of Mobile Bay, exactly
[06:10.880 --> 06:13.480]  where we were.
[06:13.480 --> 06:20.360]  And it seems that as soon as the wedding was over, I wound up having to go to a funeral.
[06:20.360 --> 06:24.480]  So I missed a couple of weeks, we're back.
[06:24.480 --> 06:28.720]  Tonight we will be taking calls, tomorrow night I'll have Dr. Veth on.
[06:28.720 --> 06:35.120]  Dr. Veth is our resident fiat money expert, and we'll be talking about the condition
[06:35.120 --> 06:37.120]  of the currency.
[06:37.120 --> 06:40.120]  Eddie, do you have anything?
[06:40.120 --> 06:47.320]  We do have someone that's going to call in addressing a traffic issue, and what she
[06:47.320 --> 06:50.920]  brought up for me was a concern.
[06:50.920 --> 06:57.840]  She got a traffic ticket a couple of hundred miles from where she lived, and this seems
[06:57.840 --> 07:00.920]  to be a common problem.
[07:00.920 --> 07:11.000]  When you get a ticket when you're traveling, the courts seem to know exactly how to deal
[07:11.000 --> 07:19.920]  with you so that there is no way you can adequately fight an improper ticket.
[07:19.920 --> 07:26.040]  Here when she comes on she'll talk about what all they've done, but Eddie, do you have any
[07:26.040 --> 07:32.040]  strategies for dealing with a ticket that you give either out of state or a very long
[07:32.040 --> 07:35.360]  way from where you live?
[07:35.360 --> 07:40.960]  Well straight up, the strategy really isn't all that different.
[07:40.960 --> 07:42.240]  They're done that way on purpose.
[07:42.240 --> 07:46.760]  A lot of states will intentionally target out of state cars simply because they know
[07:46.760 --> 07:50.360]  if they issue the ticket that people are not going to be making the trip back just to fight
[07:50.360 --> 07:51.360]  it.
[07:51.360 --> 07:56.200]  They also know that if the people ignore the ticket then right now they have suspension
[07:56.200 --> 08:04.400]  powers via the interstate driver's license compact to have that person's license suspended
[08:04.400 --> 08:07.520]  in their home state.
[08:07.520 --> 08:14.640]  The issue there, if they do that, the issue there can still be brought about, I would
[08:14.640 --> 08:20.520]  think, about going after your home state for suspending your license when the other state
[08:20.520 --> 08:23.120]  has not proven its case.
[08:23.120 --> 08:29.120]  Now it still comes down to the issue of transportation and commercial use of the rows no matter what
[08:29.120 --> 08:35.240]  state you're in, but unfortunately the way the system is engineered with that interstate
[08:35.240 --> 08:40.160]  agreement which according to my information from the federal constitution is illegal on
[08:40.160 --> 08:46.920]  its face because no state is allowed to enter into a compact with another state specifically
[08:46.920 --> 08:50.520]  without congressional approval.
[08:50.520 --> 08:57.040]  So if they've done that without congressional approval then they've got a problem.
[08:57.040 --> 09:01.520]  And then again the only way that Congress could have given them congressional approval
[09:01.520 --> 09:08.800]  was if it was for an interstate commerce reason because that's the only thing that the United
[09:08.800 --> 09:14.720]  States Congress would have had any authority over to allow the states to do.
[09:14.720 --> 09:19.720]  Are you there Randy?
[09:19.720 --> 09:25.680]  All right, well I'm going to assume that's a no for a second.
[09:25.680 --> 09:30.200]  Maybe he's working on his microphone or whatever, but right now we do have a caller on the board
[09:30.200 --> 09:32.240]  a couple of them actually it seems.
[09:32.240 --> 09:35.360]  One of them is Chris in Texas, so let's go ahead and go to Chris.
[09:35.360 --> 09:36.360]  Chris, what's up?
[09:36.360 --> 09:43.080]  Hey Eddie, one of my questions is for Randy when he comes back around.
[09:43.080 --> 09:44.760]  Okay, I'm back.
[09:44.760 --> 09:45.760]  I'm back.
[09:45.760 --> 09:46.760]  Hey Randy.
[09:46.760 --> 09:47.760]  Welcome buddy.
[09:47.760 --> 10:03.800]  I got an update for you, went down there yesterday, picked up a second open record request for
[10:03.800 --> 10:08.280]  Okay, hold on, hold on for the people who don't know where we're at.
[10:08.280 --> 10:12.760]  Give us a real brief so they know what the context is.
[10:12.760 --> 10:23.760]  Okay, they execute a search warrant at the house and so I've been dealing with trying
[10:23.760 --> 10:28.200]  to prove that this search warrant doesn't even exist, but I think I've proven that it
[10:28.200 --> 10:32.040]  doesn't exist.
[10:32.040 --> 10:39.800]  I've done two separate open records requests through the courthouse where it claimed to
[10:39.800 --> 10:52.040]  be issued from and both of the requests have netted zero documents that pertain to a search
[10:52.040 --> 11:01.160]  warrant or an affidavit to support a search warrant and I didn't know what to do next.
[11:01.160 --> 11:12.520]  So I went down there today and I did a request for a host of offices and boy that was fun.
[11:12.520 --> 11:20.720]  That stirred up a lot of emotion down there, the fact that I had to leave and come back
[11:20.720 --> 11:26.080]  with a U.S. Marshal, they did not like me.
[11:26.080 --> 11:29.880]  Okay, you said you left and came back with a U.S. Marshal?
[11:29.880 --> 11:36.160]  Yes, they sent me across the street and when I went into the city hall, there were some
[11:36.160 --> 11:43.720]  U.S. Marshal standing in there so I walked up to one and I asked him, do you have a duty
[11:43.720 --> 11:48.440]  to arrest someone if they commit a crime in front of you and he said, yes, sir, I'll arrest
[11:48.440 --> 11:50.000]  anyone who commits a crime in front of me.
[11:50.000 --> 11:55.720]  I said, even if it's a court court and he said, yes, sir, what's the crime?
[11:55.720 --> 12:01.800]  So I explained to him what the crime was and told him that she would willingly commit it
[12:01.800 --> 12:03.720]  again in front of me.
[12:03.720 --> 12:10.200]  Well we went back over there to the courthouse, he escorted me over there and he asked me
[12:10.200 --> 12:16.800]  which one it was and we went up to her window and she did exactly what I had to do.
[12:16.800 --> 12:23.960]  She said, I absolutely am not giving you those records today, I'm not able to.
[12:23.960 --> 12:32.960]  So I'd already showed him how the government code and 562 and 27004 point out that it is
[12:32.960 --> 12:40.400]  a class A misdemeanor and I guess it was her boss that was standing behind her that stepped
[12:40.400 --> 12:46.840]  forward as she was finishing her statement and said, no, no, no, give me a minute, I'll
[12:46.840 --> 12:52.040]  make a phone call over there and I'll have those records for you.
[12:52.040 --> 13:05.360]  It's funny how that happens, however, the problem is that Bell's already been rung.
[13:05.360 --> 13:12.360]  Well he stepped back and he asked me if I wanted to press charges against her and I told him
[13:12.360 --> 13:20.920]  that it was not my goal to get the clerk arrested, I just wanted them to abide by the law and
[13:20.920 --> 13:24.680]  give me my records.
[13:24.680 --> 13:29.680]  Wonderful and so did you get the records you were asking for?
[13:29.680 --> 13:32.520]  I got them all.
[13:32.520 --> 13:38.680]  Did you get the warrant that they originally executed?
[13:38.680 --> 13:42.360]  The search warrant or the arrest warrant?
[13:42.360 --> 13:43.360]  Search warrant.
[13:43.360 --> 13:48.520]  No, there is no arrest warrant, I mean a search warrant.
[13:48.520 --> 13:56.480]  Ooh, wonderful, so you have all of the records according to the clerk and now since you've
[13:56.480 --> 14:02.480]  got a U.S. Marshal in the middle of the mix they're going to be real careful with you
[14:02.480 --> 14:05.080]  and there is no search warrant.
[14:05.080 --> 14:06.080]  There is no search warrant.
[14:06.080 --> 14:12.920]  With two different requests, one that stated a certain amount of days, like three weeks
[14:12.920 --> 14:18.880]  worth of time and then I went in a few days later and did another request that went all
[14:18.880 --> 14:27.680]  the way back to January 1st of 2000 till August 23rd of 2012 and neither one of those netted
[14:27.680 --> 14:31.440]  anything about a search warrant or an affidavit.
[14:31.440 --> 14:39.320]  Okay, that case, do you have the names of all of the officers who participated in the
[14:39.320 --> 14:41.920]  search?
[14:41.920 --> 14:51.760]  I have one of them, I do not have the other ones, where do I need to go?
[14:51.760 --> 14:58.280]  You don't need to, you don't need to worry about it, you can file a complaint against
[14:58.280 --> 15:01.480]  unknown officer.
[15:01.480 --> 15:08.200]  Since you have these records from the clerk, have you written an affidavit, a statement
[15:08.200 --> 15:15.400]  on the facts concerning these, your efforts to secure the records?
[15:15.400 --> 15:16.920]  Yes.
[15:16.920 --> 15:18.920]  Wonderful.
[15:18.920 --> 15:21.840]  And did you include the U.S. Marshal's name?
[15:21.840 --> 15:28.760]  No, I have not included, I have not done any of that today, just get that down, do you
[15:28.760 --> 15:29.760]  have his name?
[15:29.760 --> 15:36.560]  No, but I know where I can find him again, because he told me where I can find him again.
[15:36.560 --> 15:38.840]  Wonderful.
[15:38.840 --> 15:44.480]  This is, you did good, this is going to make them really, really unhappy, and you see what
[15:44.480 --> 15:54.000]  happens when you bring security with you and don't give them opportunity to call security.
[15:54.000 --> 16:06.240]  So I would suggest that you have ample evidence to file criminal charges of criminal trespass
[16:06.240 --> 16:14.080]  false imprisonment, whole slew of charges to bring against these officers.
[16:14.080 --> 16:20.040]  You need to sit down and write down every step that occurred, and then go back and look
[16:20.040 --> 16:24.280]  at the codes, look at the penal code.
[16:24.280 --> 16:33.240]  If you had done what these guys did, what crimes could you be charged with?
[16:33.240 --> 16:42.160]  Then you list them all out, and we will talk about that when we get back on the other side.
[16:42.160 --> 16:48.360]  This is Randy Kelton, Deborah Stevenson, Eddie Craig, Rear of Law Radio, our call in number
[16:48.360 --> 16:49.360]  is 512-646-1984.
[16:49.360 --> 16:50.360]  We'll be right back on the other side.
[16:50.360 --> 17:14.040]  It's not that I was doing well, but the truth to you I'll tell, MSG and GMO really ain't
[17:14.040 --> 17:25.880]  the way to go, there's a better way I've seen, it's called Tangy Tangerine, and we're all
[17:25.880 --> 17:35.480]  breaking Tangy Tangerine, Tangy Tangerine, Tangy Tangerine, we're all breaking Tangy
[17:35.480 --> 17:40.800]  Tangerine, Tangy Tangerine, Tangy Tangerine.
[17:40.800 --> 18:02.040]  Are youOW being harassed by debt collectors with phone calls,
[18:02.040 --> 18:05.520]  letters, or even losses?
[18:05.520 --> 18:09.140]  Stop debt collectors now with the Michael Maores proven method.
[18:09.140 --> 18:13.560]  Michael Miras has won six cases in federal court against debt collectors, and now you
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[18:14.560 --> 18:19.360]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.360 --> 18:25.160]  civil rights statutes, what to do when contacted by phones, mail or court summons, how to answer
[18:25.160 --> 18:29.760]  letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
[18:29.760 --> 18:33.960]  financial tables on them and make them pay you to go away.
[18:33.960 --> 18:39.080]  The Michael Miras Proven Method is the solution for how to stop debt collectors.
[18:39.080 --> 18:41.080]  Federal consultation is available as well.
[18:41.080 --> 18:46.760]  For more information, please visit ruleoflawradio.com and click on the blue Michael Miras banner
[18:46.760 --> 18:49.760]  or email michaelmiras at yahoo.com.
[18:49.760 --> 18:59.320]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[18:59.320 --> 19:14.320]  out of your credit reports, how to get debt collectors out of your credit reports, how to
[19:14.320 --> 19:33.320]  get debt collectors out of your credit reports, how to get debt collectors out of your credit
[19:33.320 --> 19:34.320]  reports.
[19:34.320 --> 20:02.840]  Okay, we are back, Randy Kelton, Debra Steele, Teddy Craig from Rule of Law Radio, we're
[20:02.840 --> 20:09.200]  talking to Chris in Texas and Chris has done a good thing.
[20:09.200 --> 20:17.320]  I always like it when people think and pay attention and sounds like Chris did that and
[20:17.320 --> 20:24.360]  bringing in a U.S. Marshal was absolutely wonderful because the state officials are
[20:24.360 --> 20:31.280]  terrified of federal officials and when a federal official gets involved it frightens
[20:31.280 --> 20:33.000]  everybody.
[20:33.000 --> 20:40.280]  It's bad enough when you go to the local bailiff or one of the bailiffs or security in the
[20:40.280 --> 20:52.800]  courthouse and bring them with you, but to bring a federal officer, that is wonderful.
[20:52.800 --> 21:01.880]  So you have the Fed's name or you get his name, you probably won't have to use it.
[21:01.880 --> 21:07.040]  When you talk to him you tell him he's very unlikely that I'll have to call you as a witness
[21:07.040 --> 21:13.800]  because just your presence goes to scare the crap out of him and already has, but I'm
[21:13.800 --> 21:21.420]  sure he would be more than tickled to go over there and let him know how important he is.
[21:21.420 --> 21:31.120]  So now look at if you were a private person and you dressed up in a uniform with a badge
[21:31.120 --> 21:33.960]  and winning did this thing.
[21:33.960 --> 21:42.040]  When I was in Pennsylvania, I filed a, I sent a letter to every U.S. magistrate in the state
[21:42.040 --> 21:50.200]  of Pennsylvania and demanded that they provide for me the cause numbers for all warrants they
[21:50.200 --> 21:58.840]  had issued that were sealed and were subsequently executed so that I could petition the district
[21:58.840 --> 22:07.720]  court for a written mandamus requiring the magistrate to show cause as to why the warrant
[22:07.720 --> 22:18.680]  was sealed after execution because I had reason to believe that officers were using this,
[22:18.680 --> 22:23.960]  the procedure as a way to steal from people.
[22:23.960 --> 22:28.200]  When a warrant was issued, the clerk would issue a cause number.
[22:28.200 --> 22:35.560]  When the warrant was sealed, the cause number would be removed from the clerk's records.
[22:35.560 --> 22:42.040]  So all an officer had to do was go down the records and find a missing cause number and
[22:42.040 --> 22:48.240]  they'd make up a warrant with that cause number on it and since in the Fed, a federal agent
[22:48.240 --> 22:53.680]  is authorized to write a warrant himself, call the magistrate and have the magistrate
[22:53.680 --> 22:57.600]  authorize the Fed to sign it.
[22:57.600 --> 23:03.440]  So for a Fed to come to a state official with a warrant that the Fed has signed himself
[23:03.440 --> 23:09.800]  is not unprecedented and then when they come to the state officials and ask them to come
[23:09.800 --> 23:16.800]  and provide security, so the state official, if he has reason to check on the warrant,
[23:16.800 --> 23:20.040]  he'd call the federal clerk and the federal clerk would say, well, that number's not in
[23:20.040 --> 23:22.880]  our numbering system.
[23:22.880 --> 23:26.840]  That is generally the case when a warrant is sealed.
[23:26.840 --> 23:32.600]  So that would act as a validation of the warrant to the state official and then the state officials
[23:32.600 --> 23:37.240]  go drag you out of your house, which they did to some friends of mine, 90-year-old mother,
[23:37.240 --> 23:42.120]  they drug out in the street in her nightgown in the middle of December, two o'clock in
[23:42.120 --> 23:50.200]  the morning while these guys went in and stole everything they had, stole computers, tapes,
[23:50.200 --> 23:59.320]  gold, silver, guns, and then they disappeared, no charges were ever brought, no issues ever
[23:59.320 --> 24:04.520]  occurred, they just disappeared with all their stuff.
[24:04.520 --> 24:08.640]  This sounds like something similar.
[24:08.640 --> 24:16.040]  They get all your stuff and they make up a bunch of crapola and then they get you to
[24:16.040 --> 24:20.840]  deal out and they confiscate all your stuff.
[24:20.840 --> 24:23.840]  This sounds like a scam.
[24:23.840 --> 24:30.720]  It does and I have a question, correct me if I'm wrong here, do they not need a charging
[24:30.720 --> 24:34.200]  instrument to issue an arrest warrant?
[24:34.200 --> 24:35.200]  Yes.
[24:35.200 --> 24:41.000]  That's something else that's not in the record and it's funny, the arrest warrant is there
[24:41.000 --> 24:43.120]  but there's no charging instrument.
[24:43.120 --> 24:49.560]  No, they need a complaint and a statement of probable cause to issue a warrant.
[24:49.560 --> 24:50.560]  That's the charge.
[24:50.560 --> 24:55.960]  Okay, this is the way it works.
[24:55.960 --> 25:05.480]  In order for the magistrate to get subject matter jurisdiction, there must be a criminal
[25:05.480 --> 25:13.280]  complaint filed, either subject matter jurisdiction to hold an examining trial or subject matter,
[25:13.280 --> 25:16.840]  I'm sorry, in either case it's an examining trial.
[25:16.840 --> 25:23.360]  In the case of an officer seeking a warrant, he must present the magistrate with a criminal
[25:23.360 --> 25:30.320]  affidavit, I'm sorry, with a criminal complaint and an attached affidavit if the affidavit
[25:30.320 --> 25:34.360]  is not included in the complaint, which it often is.
[25:34.360 --> 25:42.000]  They come as one document and this gives the magistrate subject matter jurisdiction to
[25:42.000 --> 25:49.000]  determine if there's sufficient evidence to issue a warrant.
[25:49.000 --> 25:58.400]  Once the person wants a warrant issued and the warrant is executed under 15.16, the magistrate
[25:58.400 --> 26:09.560]  is required to immediately make the warrant available for public inspection.
[26:09.560 --> 26:15.080]  Once the person's arrested, they are required to be brought back before the magistrate.
[26:15.080 --> 26:20.880]  You see, even if there's a warrant, they still have to come back before the magistrate because
[26:20.880 --> 26:27.880]  when he issued the warrant, it was an export to hearing, only one side was there.
[26:27.880 --> 26:32.480]  So now you're going to be brought back before, you get to tell your side and now he determines
[26:32.480 --> 26:42.640]  whether or not there is mitigating circumstances and whether there actually is reasonable probable
[26:42.640 --> 26:44.760]  cause.
[26:44.760 --> 26:46.760]  Apparently they did not do that.
[26:46.760 --> 26:58.840]  If I'm not mistaken, what it sounds like that you're saying is the magistrate who issued
[26:58.840 --> 27:04.560]  the search warrant should have been the magistrate who issued the arrest warrant.
[27:04.560 --> 27:07.040]  Yes, he had to be.
[27:07.040 --> 27:10.520]  No, oh, I'm sorry, no, no he didn't.
[27:10.520 --> 27:18.760]  They can go to any magistrate for the arrest warrant, but it's the same process, exactly
[27:18.760 --> 27:22.960]  the same process.
[27:22.960 --> 27:31.960]  The warrant is to seize, seize either the body or property.
[27:31.960 --> 27:36.880]  So the first one was to seize property, the second one was to seize the body.
[27:36.880 --> 27:43.400]  But if they were doing what I think they were doing, and just trying to steal your property,
[27:43.400 --> 27:49.680]  then their problem was as you fought them, is you didn't just duck your head and run
[27:49.680 --> 27:54.080]  for cover so that they could keep your property.
[27:54.080 --> 27:57.600]  Once it was clear you were going to fight them, then they didn't get to keep your property
[27:57.600 --> 28:01.120]  and they had to do something to cover their behinds.
[28:01.120 --> 28:14.440]  I'm thinking how would we find all of the warrants that have been served, or all of
[28:14.440 --> 28:24.240]  the searches that have been made on the claim of a warrant, because here's my question.
[28:24.240 --> 28:31.360]  What would keep a police officer from making up a warrant?
[28:31.360 --> 28:33.240]  Okay let me back up one step.
[28:33.240 --> 28:39.800]  When they did the search of your, they did the search and seizure of your property, did
[28:39.800 --> 28:43.280]  they put a warrant in your hand?
[28:43.280 --> 28:50.000]  They put one in the hand that they took back and they didn't even come to you.
[28:50.000 --> 28:52.760]  They didn't leave a warrant with you, did they?
[28:52.760 --> 28:59.360]  They kept, they left one that, in my opinion, did not look like the original one that they
[28:59.360 --> 29:05.360]  handed in the first place, but I can't prove that because of the one they handed.
[29:05.360 --> 29:11.920]  Did the warrant that they left with you have a magistrate's signature on it?
[29:11.920 --> 29:12.920]  Yes.
[29:12.920 --> 29:19.000]  Did you go to that magistrate and demand to see the records?
[29:19.000 --> 29:27.320]  Yes, that's the one that I did a request for five different judges and his name was in
[29:27.320 --> 29:35.480]  the monstom and that the records did not come back in his courtroom.
[29:35.480 --> 29:37.360]  Wonderful.
[29:37.360 --> 29:45.560]  Now this looks like the warrant was focused, so these guys may be having a problem at this
[29:45.560 --> 29:46.560]  point.
[29:46.560 --> 29:47.560]  Okay, hang on.
[29:47.560 --> 29:49.560]  We'll be right back.
[29:49.560 --> 29:50.560]  This is Randy Kalpner and Steve Zedekred.
[29:50.560 --> 29:51.560]  Pam, I see you there.
[29:51.560 --> 29:54.560]  We'll pick you up when we get done with Chris on the other side.
[29:54.560 --> 29:57.560]  I call it number 5126461984.
[29:57.560 --> 29:59.560]  We'll be right back.
[29:59.560 --> 30:05.480]  A noble lie, Oklahoma City 1995 will change forever the way you look at the true nature
[30:05.480 --> 30:06.480]  of terrorism.
[30:06.480 --> 30:10.360]  Based on the damage pattern to the building, what the government says is impossible.
[30:10.360 --> 30:14.040]  The grand jury did not want to hear anything I had to say.
[30:14.040 --> 30:17.880]  The decision was made not to pursue any more of those individuals.
[30:17.880 --> 30:22.560]  Some of these columns were ripped up, shredded, tossed around.
[30:22.560 --> 30:26.320]  The people that did the things they did knew doggone well what they were doing.
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[30:59.960 --> 31:05.960]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't
[31:05.960 --> 31:09.720]  so easy and neither is finding like-minded people to share it with.
[31:09.720 --> 31:12.880]  Oh, well I guess you haven't heard of Brave New Books then.
[31:12.880 --> 31:14.080]  Brave New Books?
[31:14.080 --> 31:18.480]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex
[31:18.480 --> 31:21.040]  Jones, Ron Paul and G. Edward Griffin.
[31:21.040 --> 31:24.360]  They even stock inner food, Berkey products and Calvin Soaps.
[31:24.360 --> 31:27.360]  There's no way a place like that is in this.
[31:27.360 --> 31:28.840]  Go check it out for yourself.
[31:28.840 --> 31:32.680]  It's downtown at 1904 Guadalupe Street just south of UT.
[31:32.680 --> 31:33.680]  Oh, by UT?
[31:33.680 --> 31:36.560]  There's never anywhere to park down there.
[31:36.560 --> 31:41.840]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[31:41.840 --> 31:44.080]  facility just behind the bookstore.
[31:44.080 --> 31:47.840]  It does exist, but when are they open?
[31:47.840 --> 31:52.560]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays.
[31:52.560 --> 32:19.560]  So get them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[32:19.560 --> 32:27.200]  Okay, we are back, Randy Kelton, Debra Stevenson, J.D.
[32:27.200 --> 32:36.360]  Gray, Rula La Radio, and we're talking to Chris in Texas, and Chris had a search warrant
[32:36.360 --> 32:43.560]  executed on his property and subsequently he was arrested.
[32:43.560 --> 32:49.520]  Okay, Chris, okay, we couldn't get the warrant.
[32:49.520 --> 32:55.720]  That indicates that there was no proper search warrant, because if there was a proper search
[32:55.720 --> 33:03.040]  warrant, then you will file criminal charges against the magistrate who issued the warrant
[33:03.040 --> 33:09.480]  for not producing the warrant for inspection in accordance with 15.16 code criminal procedure,
[33:09.480 --> 33:14.760]  which would be a violation of 39.03 penal code in that.
[33:14.760 --> 33:19.360]  He denied you in your right to a public court.
[33:19.360 --> 33:24.800]  He violated the law relating to his office by failing to perform the duty he was required
[33:24.800 --> 33:30.400]  to perform it in the process, denied you in the full and free access to or enjoyment of
[33:30.400 --> 33:34.640]  the right, and that's class A misdemeanor in Texas.
[33:34.640 --> 33:45.120]  So if there is a warrant, or if there was a warrant, then the judge committed the class
[33:45.120 --> 33:46.120]  A misdemeanor.
[33:46.120 --> 33:56.160]  If there was no warrant, the officers who claimed to be acting under a warrant committed felonies,
[33:56.160 --> 34:08.520]  and I would suggest that since the judge did not produce the warrant, the search warrant,
[34:08.520 --> 34:13.400]  that you presume that there was one, because you saw something that looked like a search
[34:13.400 --> 34:14.400]  warrant.
[34:14.400 --> 34:16.280]  Do you have something that looks like a search warrant?
[34:16.280 --> 34:19.880]  Do they leave something with you?
[34:19.880 --> 34:26.760]  Oops, okay, I'm sorry I had you muted.
[34:26.760 --> 34:33.240]  Oh, yes, they did leave a copy of something that resembles one.
[34:33.240 --> 34:39.840]  Okay, and it has this judge's signature as a signature legible?
[34:39.840 --> 34:49.160]  No, the signature is not legible, but I have verified that it resembles his signature on
[34:49.160 --> 34:50.160]  his oath of office.
[34:50.160 --> 34:52.160]  Good, that's all you need.
[34:52.160 --> 34:55.360]  Does it have a stamp on the court as well?
[34:55.360 --> 34:56.360]  The oath of office?
[34:56.360 --> 35:01.160]  No, the copy they gave you, does it have a stamp from the court?
[35:01.160 --> 35:03.520]  Yes, it has a stamp.
[35:03.520 --> 35:09.120]  Okay, now, that means there was, that you have reason to believe that there was a valid
[35:09.120 --> 35:17.080]  warrant issued by this judge, and when you ask to see it, he failed to provide it in
[35:17.080 --> 35:23.280]  violation of 15.16 code of criminal procedure, violating the law relating to his office because
[35:23.280 --> 35:30.320]  you needed to test the warrant that the judge actually issued and was in his possession
[35:30.320 --> 35:34.880]  against the warrant you had in your possession.
[35:34.880 --> 35:46.320]  Did the warrant specify what was to be taken so that the person executing the warrant
[35:46.320 --> 35:54.800]  would not have to make any determinations as to what was authorized to be taken and what
[35:54.800 --> 35:56.800]  was not?
[35:56.800 --> 36:07.520]  That's a good question because in my opinion, it was very vague and it...
[36:07.520 --> 36:08.520]  Was it overbroad?
[36:08.520 --> 36:14.000]  In my opinion, it was overbroad because it basically gave them authorization to take
[36:14.000 --> 36:16.200]  anything they wanted.
[36:16.200 --> 36:25.080]  That is specifically the type of warrant that has been ruled is invalid on its face.
[36:25.080 --> 36:33.080]  So since you have reason to believe this warrant is overbroad and invalid on its face and since
[36:33.080 --> 36:39.800]  the judge is a really smart fellow, you have reason to believe that this is not the warrant
[36:39.800 --> 36:46.800]  the judge issued and you needed to be able to test the one in the possession of the judge
[36:46.800 --> 36:50.480]  against the one in your possession.
[36:50.480 --> 37:00.080]  The judge failed to produce that when he was specifically commanded to do so and that requirement
[37:00.080 --> 37:08.080]  is in there to keep exactly this situation from occurring.
[37:08.080 --> 37:18.360]  So I'm thinking in terms of what will create the political pressure is you accuse the judge
[37:18.360 --> 37:24.120]  of class A misdemeanor official oppression by failing to provide you with the warrant
[37:24.120 --> 37:27.400]  under 15.16.
[37:27.400 --> 37:35.080]  If the judge didn't actually produce that warrant but may have been under pressure from the
[37:35.080 --> 37:42.320]  police department to cover these officers, when you go after his throat, he's going to
[37:42.320 --> 37:48.360]  throw these officers to the wolves.
[37:48.360 --> 37:49.360]  Does that make sense?
[37:49.360 --> 37:53.960]  That makes sense and I know that they all know my name down there in that courthouse
[37:53.960 --> 37:54.960]  now.
[37:54.960 --> 37:55.960]  Good.
[37:55.960 --> 37:58.960]  They need to know your name.
[37:58.960 --> 38:00.960]  Sorry about that noise.
[38:00.960 --> 38:04.880]  I bumped the pop screen.
[38:04.880 --> 38:08.480]  But keep it up.
[38:08.480 --> 38:16.840]  You need to give them reason to back up if they have taken evidence and there is question
[38:16.840 --> 38:23.160]  about the validity of the warrant and all the evidence goes in the trash through to the
[38:23.160 --> 38:25.280]  poison tree.
[38:25.280 --> 38:33.160]  So what you really need to do is get the judge to roll over on the police officers if in fact
[38:33.160 --> 38:36.640]  the warrant was focused.
[38:36.640 --> 38:43.400]  And if in fact the one they showed you is not the one they left with you.
[38:43.400 --> 38:44.800]  So that's my suggestion.
[38:44.800 --> 38:51.040]  We really need to move on but we only got two hours tonight.
[38:51.040 --> 38:57.680]  But this sounds like fun, sounds like you're turning the heat up on them and if they file
[38:57.680 --> 39:01.680]  charges against you, you need as much pressure pushing back against them because they're
[39:01.680 --> 39:03.800]  going to do everything they can.
[39:03.800 --> 39:11.480]  They're going to charge you with a greater offense than they could ever hope to prosecute
[39:11.480 --> 39:19.120]  so that they can deal back to get as much money from you as they possibly can.
[39:19.120 --> 39:20.680]  This is not about justice.
[39:20.680 --> 39:22.200]  It's not about the law.
[39:22.200 --> 39:26.240]  It's all about dollar flow.
[39:26.240 --> 39:30.400]  So you need to give them a negative balance sheet.
[39:30.400 --> 39:31.880]  Okay.
[39:31.880 --> 39:36.520]  Okay Chris, thank you for calling.
[39:36.520 --> 39:41.480]  We're going to go to Pam in California.
[39:41.480 --> 39:45.240]  Hello Ms. Pamela.
[39:45.240 --> 39:46.240]  Hi.
[39:46.240 --> 39:47.240]  Okay.
[39:47.240 --> 39:55.200]  Will you explain to Eddie what your situation is with this traffic citation?
[39:55.200 --> 39:57.200]  Okay.
[39:57.200 --> 40:08.040]  I have a date for tomorrow and this is in a county 200 miles from me in California still
[40:08.040 --> 40:19.000]  and I have filed paperwork from Ticket Slayer prior who was trying to help me in eradicating
[40:19.000 --> 40:24.400]  this ticket for speeding and I filed the paperwork.
[40:24.400 --> 40:25.400]  Okay, stop.
[40:25.400 --> 40:27.920]  What was the nature of the paperwork?
[40:27.920 --> 40:31.320]  Was there a challenge to subject matter jurisdiction in there?
[40:31.320 --> 40:35.440]  It was an affidavit of truth.
[40:35.440 --> 40:43.120]  It was the writ of recipe, motion to dismiss.
[40:43.120 --> 40:47.880]  What was the word that grounds for the motion to dismiss?
[40:47.880 --> 40:57.520]  That the prosecutor did not respond.
[40:57.520 --> 40:58.520]  Respond to what?
[40:58.520 --> 40:59.520]  Hold on one second.
[40:59.520 --> 41:00.520]  I'll pull it up.
[41:00.520 --> 41:01.520]  It is.
[41:01.520 --> 41:31.360]  On a grievated defendant, hereby motion to the court to dismiss, oh let me see here.
[41:31.360 --> 41:43.160]  By threat that the officer had made under the arrest, that was motion one, then there
[41:43.160 --> 41:48.520]  was a whole bunch of motions that forwarded.
[41:48.520 --> 41:53.320]  I'm trying to get an idea of what the nature of your claim is.
[41:53.320 --> 41:58.800]  If it helps, Randy, the documents and the process that they use should be better named
[41:58.800 --> 41:59.800]  Ticket Sucker.
[41:59.800 --> 42:08.560]  Okay, well I'm trying to find out and I don't want to criticize what I don't know yet.
[42:08.560 --> 42:12.920]  That's why I'm trying to get, you know, these guys may know something we don't.
[42:12.920 --> 42:14.920]  Go ahead Pam.
[42:14.920 --> 42:23.040]  I'm trying to find an easier way of getting through this without having to read everything
[42:23.040 --> 42:26.480]  word for word and I did this months ago, so I don't remember.
[42:26.480 --> 42:28.640]  Okay, one thing that interested me.
[42:28.640 --> 42:32.880]  What was the notice of precipice?
[42:32.880 --> 42:49.760]  The notice of precipice is that I sent the affidavit of truth on the notice of default
[42:49.760 --> 42:55.960]  reading notice secure and then now I filed the precipice and they were ordered to enter
[42:55.960 --> 42:58.800]  the default judgment.
[42:58.800 --> 43:01.520]  They didn't do so and...
[43:01.520 --> 43:07.320]  Okay, is this an administrative process?
[43:07.320 --> 43:09.160]  I think it is partially.
[43:09.160 --> 43:16.400]  You still have to go to court to speak to the judge but at that point they should have
[43:16.400 --> 43:17.400]  just...
[43:17.400 --> 43:23.760]  Okay, let me read the definition of notice of precipice, precipice definition in Latin
[43:23.760 --> 43:30.320]  at initiating document presented to a court clerk to be officially issued on behalf of
[43:30.320 --> 43:40.440]  the court or the covering memo or letter from the lawyer plaintiffs which are companies
[43:40.440 --> 43:45.400]  and formally asked for the writ to be issued by the court officer.
[43:45.400 --> 43:48.440]  That does not make sense.
[43:48.440 --> 43:52.280]  Okay, this is Randy Calton-Debastee with Zeddy Craig.
[43:52.280 --> 43:59.280]  We'll be right back on the other side, hold on a minute, Cam.
[43:59.280 --> 44:06.080]  The Oakland City Bombay, top 10 reasons to question the official story.
[44:06.080 --> 44:09.800]  Reason number two, why was the ATF AWOL?
[44:09.800 --> 44:14.440]  Paramedic Tiffany Bible, who was on the scene within five minutes, has stated in an affidavit
[44:14.440 --> 44:18.520]  that agents of the Bureau of Alcohol, Tobacco and Firearms told her that they were not
[44:18.520 --> 44:20.040]  in the office that morning.
[44:20.040 --> 44:24.600]  TNT Catherine Mount also overheard one agent say to another, close, is that why we got
[44:24.600 --> 44:27.200]  the page to not come in today, paint quote.
[44:27.200 --> 44:32.120]  Bruce Shaw, as interviewed on KFLoreTV, was also told by ATF agents that they had been
[44:32.120 --> 44:34.560]  paid to not come in to work.
[44:34.560 --> 44:39.160]  The ATF initially denied these claims and now variously claim that one of their agents
[44:39.160 --> 44:42.920]  was in a free falling elevator which has been disproven or that they had been in an all night
[44:42.920 --> 44:46.240]  stick out or that they had been in a golf tournament.
[44:46.240 --> 44:50.760]  As they try to sort out their lies, all we want to know is, did the ATF receive a warning
[44:50.760 --> 44:54.760]  and if so, why did they not pass it on to others and memorials?
[44:54.760 --> 44:57.760]  For more information go to okcbombandtruth.com.
[44:57.760 --> 45:04.200]  Are you the plaintiff or defendant in a lawsuit?
[45:04.200 --> 45:09.720]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, poor
[45:09.720 --> 45:16.720]  CD course that will show you how in 24 hours, death by step.
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[45:20.720 --> 45:22.720]  know what you should do for yourself.
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[45:28.040 --> 45:34.600]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.600 --> 45:39.080]  Even if you're not in a lawsuit, you can learn what everyone should understand about
[45:39.080 --> 45:43.440]  the principles and practices that control our American courts.
[45:43.440 --> 45:49.520]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.520 --> 45:52.200]  pro se tactics and much more.
[45:52.200 --> 45:56.240]  Please visit ruleoflawradio.com and click on the banner.
[45:56.240 --> 46:20.240]  These are called toll-free 866-LAW-E-Z.
[46:20.240 --> 46:30.240]  If you could not wait any by too long, would your purpose has to be done?
[46:30.240 --> 46:53.240]  Okay, we are back, Randy Kelton, David Stevens, Eddie Craig, we have a radio, Eddie tells
[46:53.240 --> 46:58.240]  me that when we started, I said October 30th.
[46:58.240 --> 47:10.240]  I was sure I said August, maybe I have been sniffing too much of that watermelon juice.
[47:10.240 --> 47:21.240]  Okay, anyway, we're talking to Pam in California about a ticket.
[47:21.240 --> 47:24.240]  Pam, are you there?
[47:24.240 --> 47:28.240]  Yep, I am.
[47:28.240 --> 47:40.240]  And it does say for failure to state a claim and lack of jurisdiction.
[47:40.240 --> 47:47.240]  Okay, I'm sorry, Pam, I'm having a little bit of headset difficulty.
[47:47.240 --> 47:49.240]  Are you there?
[47:49.240 --> 47:55.240]  I'm here.
[47:55.240 --> 47:58.240]  Hello, hello, am I here?
[47:58.240 --> 48:04.240]  I came for you.
[48:04.240 --> 48:08.240]  Eddie, I hope you'll pick this up, I can't hear anything.
[48:08.240 --> 48:14.240]  I'm sorry, hang on just a second.
[48:14.240 --> 48:18.240]  All right, can you not hear, Randy?
[48:18.240 --> 48:25.240]  Okay, I'm trying a new headset today and I apparently have some connection issues because
[48:25.240 --> 48:30.240]  my sound is kind of clicking in and out.
[48:30.240 --> 48:33.240]  Okay, Pam, what was your question?
[48:33.240 --> 48:35.240]  Okay.
[48:35.240 --> 48:41.240]  Is it adding to the width of recipes that it does have in there failure to state a claim
[48:41.240 --> 48:45.240]  and lack of jurisdiction?
[48:45.240 --> 48:54.240]  I did a little research on the break on the recipe and I got a couple of hits from the
[48:54.240 --> 49:01.240]  Pennsylvania Code and Pennsylvania is a common law state.
[49:01.240 --> 49:09.240]  And Rule 237.5, form of notice of recipe to interjudgment.
[49:09.240 --> 49:15.240]  You are in default because you have failed to enter a written appearance personally or by an attorney
[49:15.240 --> 49:22.240]  and file in writing with the court your defenses or objections to the claim set forth against you.
[49:22.240 --> 49:29.240]  Unless you act within 10 days from the date of this notice, a judgment may be entered against you without notice,
[49:29.240 --> 49:36.240]  without a hearing and you may lose your property or other important rights.
[49:36.240 --> 49:52.240]  I haven't researched notice of recipe, but I've seen this before where we have people who read these issues
[49:52.240 --> 50:01.240]  and try to exercise an authority they're not intended to be able to exercise.
[50:01.240 --> 50:14.240]  Like in this case, notice of recipe appears to be something that is sent by the court and not by an individual.
[50:14.240 --> 50:25.240]  Do you have any idea how they claim authority to issue a notice of recipe?
[50:25.240 --> 50:34.240]  My understanding is it goes through, you know, one, two, three, four in order and it basically is stating that
[50:34.240 --> 50:41.240]  because I filed my affidavit of truth and notice of detail.
[50:41.240 --> 50:46.240]  Okay, what does the affidavit of truth address?
[50:46.240 --> 50:50.240]  Okay, that is...
[50:50.240 --> 51:00.240]  Okay, this is going to take too much time.
[51:00.240 --> 51:07.240]  Eddie, do you have a suggestion of what she can do for tomorrow?
[51:07.240 --> 51:14.240]  No, not that she can do before tomorrow. What is the purpose of the appearance tomorrow?
[51:14.240 --> 51:16.240]  On how to plead?
[51:16.240 --> 51:23.240]  Well, don't enter on how to plead. They want you to come down there just for the purpose of entering a plea.
[51:23.240 --> 51:25.240]  Yep.
[51:25.240 --> 51:31.240]  Have you read any of the California statutes regarding the entering of pleas in these cases?
[51:31.240 --> 51:34.240]  No.
[51:34.240 --> 51:37.240]  I mean, I've always thought it's not guilty, but those still make...
[51:37.240 --> 51:43.240]  Do not enter a plea. Refuse to enter a plea.
[51:43.240 --> 51:48.240]  If you enter a plea of any kind, you waive the right of notice.
[51:48.240 --> 52:01.240]  If you have not been properly served, then they lack jurisdiction, even for the purpose of taking a plea.
[52:01.240 --> 52:05.240]  The problem is it's so close.
[52:05.240 --> 52:11.240]  Yeah, that's the problem.
[52:11.240 --> 52:16.240]  Okay, what they're likely to do if you don't show up is issue a warrant,
[52:16.240 --> 52:23.240]  and then there's something you can do to suppress the warrant subsequently.
[52:23.240 --> 52:26.240]  Do you have any suggestions there, Eddie?
[52:26.240 --> 52:29.240]  I really don't at this late date. I don't know what the heck I can...
[52:29.240 --> 52:38.240]  No, no, I'm saying if she doesn't show up and they issue a warrant,
[52:38.240 --> 52:45.240]  what can we do to go back and move to suppress the warrant?
[52:45.240 --> 52:48.240]  Well, in California, I don't know.
[52:48.240 --> 52:52.240]  The lack of jurisdiction is going to be the only thing if they never gave her notice.
[52:52.240 --> 52:59.240]  Okay, there's more to it than that. Pam, you said that the clerk couldn't find your records.
[52:59.240 --> 53:05.240]  How does that bear on disappearance? Have you tried to appear before?
[53:05.240 --> 53:11.240]  When I sent them the paperwork, which started in May and ended in June,
[53:11.240 --> 53:17.240]  they took my appearance date off the record, and when I called them to speak with them,
[53:17.240 --> 53:21.240]  they said, yes, the judge is reviewing your paperwork. There is no appearance date.
[53:21.240 --> 53:26.240]  The original appearance date on the ticket was July 2.
[53:26.240 --> 53:35.240]  So then I checked back and I checked back, and then I received a letter on July 16 stating that
[53:35.240 --> 53:43.240]  the judge has denied all previous requests and that he must appear in court before August 31.
[53:43.240 --> 53:48.240]  Now, I called in and they said you can have a one-time 60-day extension.
[53:48.240 --> 53:50.240]  So that's what I was going to do.
[53:50.240 --> 53:57.240]  Then I called in, and so on the letter, it has somebody else's case number,
[53:57.240 --> 54:02.240]  which I just found out today when I called the court, and they said, yes, that's some other guy,
[54:02.240 --> 54:06.240]  that's not you. When I looked in the computer and typed my name, it said,
[54:06.240 --> 54:12.240]  close a calendar sealed thing, you know, with no balance like it was over.
[54:12.240 --> 54:16.240]  So then the gentleman asked me for my name, my license number, and he goes,
[54:16.240 --> 54:20.240]  oh, your case is this, and he told me a different case number.
[54:20.240 --> 54:22.240]  And he said, oh, yeah, you still have to show up.
[54:22.240 --> 54:25.240]  And I said, well, what about my one-time extension?
[54:25.240 --> 54:27.240]  He goes, you've already received an extension.
[54:27.240 --> 54:29.240]  I said, I've never received an extension.
[54:29.240 --> 54:35.240]  You guys told me that the date was, you know, taken off while the judge was reviewing everything.
[54:35.240 --> 54:40.240]  So he said, well, that's considered an extension, you know, whether you did it or we did it,
[54:40.240 --> 54:43.240]  but therefore you have to show up.
[54:43.240 --> 54:46.240]  And that was kind of the end of it. I don't show up.
[54:46.240 --> 54:51.240]  And usually what they're doing now is they're sending it right to collection.
[54:51.240 --> 54:55.240]  And like San Diego just did, they already sent it to collection,
[54:55.240 --> 55:02.240]  sings my credit and threatened me of my license to be suspended in my trial date
[55:02.240 --> 55:04.240]  still in October of this year.
[55:04.240 --> 55:12.240]  So I'm assuming that these guys are going to do the same thing if I don't appear.
[55:12.240 --> 55:18.240]  Okay, Eddie, you want to handle this? I've been having trouble hearing.
[55:18.240 --> 55:23.240]  Well, the problem is, is you've gone up to this point.
[55:23.240 --> 55:28.240]  I have no idea exactly what version of these documents they've given you to file
[55:28.240 --> 55:30.240]  and what they're actually asking for.
[55:30.240 --> 55:36.240]  Also, without you having spent any time looking at what the procedures are in these instances,
[55:36.240 --> 55:42.240]  you have no frame of reference me to even point you in a direction to go look at this and do this, this and this,
[55:42.240 --> 55:50.240]  even if I knew.
[55:50.240 --> 55:53.240]  I don't do miracle work. I wished I could, but I can't.
[55:53.240 --> 55:57.240]  There's nothing I can do at this late date to solve this problem.
[55:57.240 --> 56:01.240]  I have no idea how to advise you in this.
[56:01.240 --> 56:07.240]  Do you plan on showing up or not showing up?
[56:07.240 --> 56:12.240]  That's still in question because it's about 200 miles away and with traffic,
[56:12.240 --> 56:15.240]  it's probably taking about six hours to get there.
[56:15.240 --> 56:20.240]  And mine are standing as they have the court start date of 8 a.m. tomorrow morning.
[56:20.240 --> 56:24.240]  So with the holiday, I don't know.
[56:24.240 --> 56:32.240]  And, you know, just to go up there for five hours and sitting in court to say refuse to answer a plea, I don't know.
[56:32.240 --> 56:34.240]  I'm not sure what to make out of that.
[56:34.240 --> 56:36.240]  Okay.
[56:36.240 --> 56:39.240]  I wish I could tell you more, Pam. I really do.
[56:39.240 --> 56:46.240]  I don't know anything I can do for you at this point other than you continue to challenge the jurisdiction of the court.
[56:46.240 --> 56:50.240]  But I don't know if you've done that with the paperwork you filed.
[56:50.240 --> 56:59.240]  No matter what they've titled it, if they didn't argue it correctly, it's not going to do you any good.
[56:59.240 --> 57:06.240]  Because I have the paperwork from these guys or at least a version of it they had in 2008.
[57:06.240 --> 57:14.240]  I got it just to look at it to see what they were arguing because I wanted to know what people were arguing
[57:14.240 --> 57:17.240]  so I could research why it was wrong.
[57:17.240 --> 57:21.240]  And there was too much in this to even talk about at the time.
[57:21.240 --> 57:28.240]  They're citing constitutional issues and everything else and these are 100% administrative courts.
[57:28.240 --> 57:30.240]  Okay.
[57:30.240 --> 57:36.240]  They're outside of constitutional authority because they have no real power.
[57:36.240 --> 57:44.240]  They're internal agencies, which means they have no real authority over you unless you agree to it.
[57:44.240 --> 57:51.240]  And this paperwork takes none of that into account.
[57:51.240 --> 57:58.240]  Okay. I wish I could tell you more, but right now I just don't know what I could do.
[57:58.240 --> 58:08.240]  Okay. I am sorry that I don't have a better piece of information to give you.
[58:08.240 --> 58:12.240]  Okay.
[58:12.240 --> 58:16.240]  Alright folks, we're about to go to break. This is Rule of Law Radio.
[58:16.240 --> 58:20.240]  Call in number 512-646-1984.
[58:20.240 --> 58:49.240]  We will be right back on the other side of this break.
[58:49.240 --> 58:53.240]  The Bible remains the most popular book in the world.
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[59:47.240 --> 01:00:16.240]  That's freestudybible.com.
[01:00:16.240 --> 01:00:18.240]  Privacy is under attack.
[01:00:18.240 --> 01:00:21.240]  When you give up data about yourself, you'll never get it back again.
[01:00:21.240 --> 01:00:26.240]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:26.240 --> 01:00:28.240]  So protect your rights.
[01:00:28.240 --> 01:00:32.240]  Say no to surveillance and keep your information to yourself.
[01:00:32.240 --> 01:00:34.240]  Privacy, it's worth hanging onto.
[01:00:34.240 --> 01:00:37.240]  This message is brought to you by StartPage.com,
[01:00:37.240 --> 01:00:41.240]  the private search engine alternative to Google, Yahoo, and Bing.
[01:00:41.240 --> 01:00:45.240]  Start over with StartPage.
[01:00:45.240 --> 01:00:50.240]  Africa has a real problem with poachers who hunt endangered animals for ivory and meat.
[01:00:50.240 --> 01:00:53.240]  To stop the slaughter, they've tried various countermeasures,
[01:00:53.240 --> 01:00:57.240]  including locator microchips to track the animals' movements.
[01:00:57.240 --> 01:01:00.240]  But a game park in South Africa made the wrong decision
[01:01:00.240 --> 01:01:04.240]  when they tried to embed a microchip into the horn of a rhino named Spencer.
[01:01:04.240 --> 01:01:08.240]  To perform the procedure, veterinarians injected him with sedatives,
[01:01:08.240 --> 01:01:12.240]  inserted the chip, and tried to wake him up with stimulants.
[01:01:12.240 --> 01:01:15.240]  The combination tragically resulted in the animal's death.
[01:01:15.240 --> 01:01:19.240]  It was a painful reminder that drugging and chipping living creatures
[01:01:19.240 --> 01:01:22.240]  can be dangerous and sometimes deadly.
[01:01:22.240 --> 01:01:27.240]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:01:32.240 --> 01:01:36.240]  A top cybersecurity expert has a warning for America.
[01:01:36.240 --> 01:01:39.240]  If you build an electrical smart grid, the hackers will come,
[01:01:39.240 --> 01:01:42.240]  and they could cause a catastrophic blackout.
[01:01:42.240 --> 01:02:11.240]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
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[01:02:16.240 --> 01:02:20.240]  Governments love power, so it's only natural they'd want to control the power
[01:02:20.240 --> 01:02:23.240]  going into your home, too, with a smart grid.
[01:02:23.240 --> 01:02:26.240]  So they're installing a national network of smart meters
[01:02:26.240 --> 01:02:30.240]  to remotely monitor electric use for efficiency and avoid grid failure.
[01:02:30.240 --> 01:02:34.240]  But cybersecurity expert David Chalk says not so fast
[01:02:34.240 --> 01:02:37.240]  if we make the national power grid controllable through the web,
[01:02:37.240 --> 01:02:39.240]  hackers will have a field day.
[01:02:39.240 --> 01:02:43.240]  Working remotely, they could tap in and black out the entire nation,
[01:02:43.240 --> 01:02:45.240]  leaving us vulnerable to our enemies.
[01:02:45.240 --> 01:02:49.240]  I'd want to pose smart meters for privacy and health reasons.
[01:02:49.240 --> 01:02:52.240]  The catastrophic failures caused by hackers?
[01:02:52.240 --> 01:02:54.240]  There's nothing smart about that.
[01:02:54.240 --> 01:03:00.240]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:03:03.240 --> 01:03:05.240]  Looking for some truth?
[01:03:05.240 --> 01:03:12.240]  You found it at LogosRadioNetwork.com.
[01:03:36.240 --> 01:03:39.240]  Okay, we are back.
[01:03:39.240 --> 01:03:42.240]  I'm Dr. David Craig from LogosRadio.
[01:03:42.240 --> 01:03:45.240]  And apparently I'm sorry we couldn't help you.
[01:03:45.240 --> 01:03:48.240]  But all is not lost.
[01:03:48.240 --> 01:03:55.240]  We don't have time at the moment, but what they're likely to do is just issue a warrant.
[01:03:55.240 --> 01:03:59.240]  And then if you go after them for subject matter jurisdiction
[01:03:59.240 --> 01:04:05.240]  and where they messed up with the getting the wrong case,
[01:04:05.240 --> 01:04:09.240]  I suspect that when we craft a motion and file it for the court
[01:04:09.240 --> 01:04:12.240]  showing that the clerk goofed up and not you,
[01:04:12.240 --> 01:04:19.240]  that you were denied your first continuance
[01:04:19.240 --> 01:04:22.240]  because the continuance was not chargeable to you,
[01:04:22.240 --> 01:04:29.240]  it was chargeable to the court that you'll be able to get them to withdraw the motion
[01:04:29.240 --> 01:04:33.240]  and especially if you make some really neat accusations
[01:04:33.240 --> 01:04:36.240]  that they're using these wrongful tactics
[01:04:36.240 --> 01:04:43.240]  because you are too far away to adequately adjudicate the issue.
[01:04:43.240 --> 01:04:48.240]  Defend yourself in the court and they know that and they're taking unfair advantage.
[01:04:48.240 --> 01:04:54.240]  Okay, we're going to go to Clint in Arizona.
[01:04:54.240 --> 01:04:58.240]  Hello Mr. Clint, what do you have for us today?
[01:04:58.240 --> 01:05:02.240]  Okay, first of all I'd like to thank you guys for the work that you do
[01:05:02.240 --> 01:05:06.240]  and sharing it with public is definitely needed.
[01:05:06.240 --> 01:05:13.240]  But my situation is a couple months back I got a no current registration citation
[01:05:13.240 --> 01:05:21.240]  in Peoria, Arizona. I failed to make it to my initial appearance,
[01:05:21.240 --> 01:05:23.240]  got a letter in the mail saying hey look if you don't get in here
[01:05:23.240 --> 01:05:27.240]  we're going to issue a warrant and probably take your driver's license away.
[01:05:27.240 --> 01:05:31.240]  So I ended up showing up just yesterday
[01:05:31.240 --> 01:05:37.240]  and when I went in there one of the things I noticed when I walked into the building
[01:05:37.240 --> 01:05:40.240]  was that it looked like a bank to me.
[01:05:40.240 --> 01:05:46.240]  So because I've listened to Eddie say some things in the past
[01:05:46.240 --> 01:05:51.240]  I went up to the clerk of the court's window
[01:05:51.240 --> 01:05:55.240]  and she asked who I was, what I was there for.
[01:05:55.240 --> 01:05:59.240]  I told her, she asked me if I had my registration, I said yes.
[01:05:59.240 --> 01:06:03.240]  She said that the registration was gotten after the citation
[01:06:03.240 --> 01:06:07.240]  therefore I need to give her 600 and some odd dollars.
[01:06:07.240 --> 01:06:14.240]  And I said excuse me, it sounds like you've already entered a plea for me
[01:06:14.240 --> 01:06:18.240]  and sentenced me, can I see your bar card please?
[01:06:18.240 --> 01:06:24.240]  And she said well I can get you in to see the judge if you'd like
[01:06:24.240 --> 01:06:26.240]  and I said you bet you.
[01:06:26.240 --> 01:06:30.240]  And so she said well you need to take this form, read it and fill it out.
[01:06:30.240 --> 01:06:34.240]  Well I took the form and I looked at it and I read it
[01:06:34.240 --> 01:06:39.240]  and it said something to the nature of in order to help the judge out
[01:06:39.240 --> 01:06:42.240]  please provide the information below and it gave you three choices.
[01:06:42.240 --> 01:06:45.240]  Responsible, responsible with it I answered.
[01:06:45.240 --> 01:06:47.240]  They're trying to get you an inner plea.
[01:06:47.240 --> 01:06:52.240]  So it's a contract and I didn't want to fill it out so I go into the courtroom.
[01:06:52.240 --> 01:06:57.240]  When I get into the courtroom the judge comes out and he calls my name
[01:06:57.240 --> 01:07:03.240]  so I get up, I go up closer to him and he says are you Clint?
[01:07:03.240 --> 01:07:09.240]  And I said yes and I said in your name and he just shrugged his shoulders.
[01:07:09.240 --> 01:07:11.240]  And I said what's your name sir?
[01:07:11.240 --> 01:07:14.240]  He says I don't have to give you that information.
[01:07:14.240 --> 01:07:16.240]  I said okay.
[01:07:16.240 --> 01:07:20.240]  He says it looks like you got your registration after the fact you're fining 600 and some odd dollars.
[01:07:20.240 --> 01:07:22.240]  And I said excuse me.
[01:07:22.240 --> 01:07:29.240]  I said first of all I want to be able to face my accusers.
[01:07:29.240 --> 01:07:32.240]  He said you don't have the right to do that, this is a civil matter.
[01:07:32.240 --> 01:07:38.240]  And I said I said sir are you aware, I said is this a government building?
[01:07:38.240 --> 01:07:40.240]  He says what do you mean?
[01:07:40.240 --> 01:07:42.240]  I said well is this a, are you government here?
[01:07:42.240 --> 01:07:44.240]  And he said well this is the city of Duryan.
[01:07:44.240 --> 01:07:49.240]  I said you're building it with the government.
[01:07:49.240 --> 01:07:54.240]  Do you know what the Arizona Constitution says Article 2 Section 2?
[01:07:54.240 --> 01:07:57.240]  He says I'm sure you're going to enlighten me and I said yes I am.
[01:07:57.240 --> 01:08:02.240]  It says that the purpose of government is to protect and maintain individual rights.
[01:08:02.240 --> 01:08:03.240]  Is that what you're doing here?
[01:08:03.240 --> 01:08:04.240]  And he said yes sir.
[01:08:04.240 --> 01:08:06.240]  And I said well whose rights are you protecting?
[01:08:06.240 --> 01:08:07.240]  He said everybody.
[01:08:07.240 --> 01:08:09.240]  You're fining 600 and some odd dollars.
[01:08:09.240 --> 01:08:14.240]  And I said well I said I want, I want a hearing.
[01:08:14.240 --> 01:08:19.240]  And I said on top of that it says on this piece of paper that this is my arraignment.
[01:08:19.240 --> 01:08:26.240]  Well I know enough that my first appearance in court is not my freaking arraignment as Eddie says.
[01:08:26.240 --> 01:08:35.240]  You also should know that your rights are that in any civil matter in excess of $20 you're entitled to the right of a trial by jury.
[01:08:35.240 --> 01:08:37.240]  Well I told him that.
[01:08:37.240 --> 01:08:41.240]  I said what he said was well this is a civil matter.
[01:08:41.240 --> 01:08:46.240]  And I said well sir I said the fine that you're issuing is 600 and some odd dollars.
[01:08:46.240 --> 01:08:47.240]  That's over 20 bucks.
[01:08:47.240 --> 01:08:49.240]  I'm entitled to a trial by jury.
[01:08:49.240 --> 01:08:50.240]  He said no you're not.
[01:08:50.240 --> 01:08:53.240]  It's a civil offense.
[01:08:53.240 --> 01:08:57.240]  So at this point the judge starts shaking.
[01:08:57.240 --> 01:09:00.240]  This is not a judge I guarantee you.
[01:09:00.240 --> 01:09:01.240]  Okay.
[01:09:01.240 --> 01:09:03.240]  Well he starts trembling.
[01:09:03.240 --> 01:09:06.240]  He runs out of the courtroom.
[01:09:06.240 --> 01:09:08.240]  Comes back into the courtroom.
[01:09:08.240 --> 01:09:14.240]  And he says to the judicial assistant, set him up for a hearing, a non-witness hearing.
[01:09:14.240 --> 01:09:17.240]  He said sir you're going to come back in here.
[01:09:17.240 --> 01:09:18.240]  I'm going to be the only one here.
[01:09:18.240 --> 01:09:20.240]  And I'm going to just give you the fine.
[01:09:20.240 --> 01:09:23.240]  And I said you know what I guess you could do whatever you want.
[01:09:23.240 --> 01:09:26.240]  I said but I still want my trial by jury.
[01:09:26.240 --> 01:09:28.240]  He runs out of the courtroom again.
[01:09:28.240 --> 01:09:30.240]  Runs back into the courtroom.
[01:09:30.240 --> 01:09:34.240]  And he says set it up for a hearing and we'll bring the police officer in.
[01:09:34.240 --> 01:09:37.240]  And that was the end of it.
[01:09:37.240 --> 01:09:44.240]  So they set me up for October 1st or somewhere around there to go back in there.
[01:09:44.240 --> 01:09:54.240]  And I guess the reason for my call is I'm trying to gather as much information so that when I do go back in there I can be prepared.
[01:09:54.240 --> 01:09:59.240]  Because I probably know just enough to give myself trouble.
[01:09:59.240 --> 01:10:04.240]  Well you know you got to consider this is a traffic ticket.
[01:10:04.240 --> 01:10:11.240]  It's not going to get any worse than $600 that is an astronomical amount.
[01:10:11.240 --> 01:10:12.240]  Yeah.
[01:10:12.240 --> 01:10:20.240]  Especially since you subsequently secured the registration.
[01:10:20.240 --> 01:10:27.240]  So what they're doing is relying on point of law.
[01:10:27.240 --> 01:10:31.240]  So take point of law back to them.
[01:10:31.240 --> 01:10:42.240]  You might file a criminal complaint against the judge and accuse the judge of exercise attempting to exercising authority.
[01:10:42.240 --> 01:10:54.240]  He does not expressly have in that you were not in commerce and therefore not subject to his laws, rules, ordinances, whatever he calls them.
[01:10:54.240 --> 01:11:07.240]  You were not exercising a privilege of engaging in commerce, but you were exercising a right to freely travel.
[01:11:07.240 --> 01:11:15.240]  And the judge acted to deny you not only in that right, but in your right to do process.
[01:11:15.240 --> 01:11:25.240]  Because even in a civil matter before the courts there's this minor annoying little thing called due process.
[01:11:25.240 --> 01:11:30.240]  It applies in a civil administrative or criminal case.
[01:11:30.240 --> 01:11:43.240]  And the judge denied all of those as he clearly came into court with a predetermined ruling that you were guilty as a batter of course.
[01:11:43.240 --> 01:11:46.240]  Go after him criminally.
[01:11:46.240 --> 01:11:49.240]  That'll make it a lot more fun.
[01:11:49.240 --> 01:11:54.240]  Also you absolutely have to file a judicial complaint against him.
[01:11:54.240 --> 01:12:00.240]  So I would actually go down to the theory of court and file that criminal complaint.
[01:12:00.240 --> 01:12:03.240]  No, do not go to his court.
[01:12:03.240 --> 01:12:06.240]  Go to the district attorney and file that complaint.
[01:12:06.240 --> 01:12:07.240]  Okay.
[01:12:07.240 --> 01:12:09.240]  The district attorney of Arizona?
[01:12:09.240 --> 01:12:22.240]  Well, whatever county that's in, or whatever judicial district, because judicial districts do not necessarily follow county lines.
[01:12:22.240 --> 01:12:26.240]  Okay.
[01:12:26.240 --> 01:12:27.240]  Go ahead.
[01:12:27.240 --> 01:12:40.240]  I was going to say in putting this together, is this a document that I would manufacture myself or something that I would obtain?
[01:12:40.240 --> 01:12:42.240]  Yeah, you'd have to put this together.
[01:12:42.240 --> 01:12:44.240]  But it's not very difficult.
[01:12:44.240 --> 01:12:45.240]  Okay.
[01:12:45.240 --> 01:12:58.240]  By any chance, I know you guys have a package for around $250. Is that contained in that package?
[01:12:58.240 --> 01:13:00.240]  Eddie?
[01:13:00.240 --> 01:13:02.240]  Is what contained in the package?
[01:13:02.240 --> 01:13:05.240]  This criminal complaint.
[01:13:05.240 --> 01:13:09.240]  Well, there are examples of criminal complaints in it, yes.
[01:13:09.240 --> 01:13:10.240]  Okay.
[01:13:10.240 --> 01:13:22.240]  Actually, even if we had exactly what you needed to file, it would be a bad idea for us to give it to you.
[01:13:22.240 --> 01:13:23.240]  I understand.
[01:13:23.240 --> 01:13:24.240]  Yeah.
[01:13:24.240 --> 01:13:30.240]  If you look at, you need to understand the general principles.
[01:13:30.240 --> 01:13:35.240]  And the advantage you and I have is we're not lawyers.
[01:13:35.240 --> 01:13:39.240]  So we don't live inside the lawyer box.
[01:13:39.240 --> 01:13:46.240]  We don't go to court every day and help people adjudicate traffic, ticket issues.
[01:13:46.240 --> 01:13:50.240]  So we don't know how it's supposed to be done.
[01:13:50.240 --> 01:13:51.240]  Right.
[01:13:51.240 --> 01:13:54.240]  All we know is what the law says.
[01:13:54.240 --> 01:14:00.240]  And that's why they hate pro-says, because everyone's wanted to come across the pro-say from hell.
[01:14:00.240 --> 01:14:07.240]  And that's the pro-say that every time the judge does something he doesn't like, files a judicial conduct complaint against him.
[01:14:07.240 --> 01:14:16.240]  And if the judge attempts to exert an authority he does not expressly have, if I'll civil suit against it.
[01:14:16.240 --> 01:14:27.240]  Because if a judge exerts a purports to exert an authority he does not expressly have, that is called beyond scope.
[01:14:27.240 --> 01:14:35.240]  And when a judge acts beyond scope, he has no immunity.
[01:14:35.240 --> 01:14:39.240]  So if this judge wants to play hardball, introduce him to hardball.
[01:14:39.240 --> 01:14:41.240]  And this is a great education for you.
[01:14:41.240 --> 01:14:46.240]  The cheapest education you can ever get in law.
[01:14:46.240 --> 01:14:49.240]  First read the penal code.
[01:14:49.240 --> 01:15:01.240]  In the final victory of this, I think I'm going to use a word or a set of words that you had expressed once that just tickled me to death that you had mentioned to a judge or a magistrate.
[01:15:01.240 --> 01:15:05.240]  And that was a welcome to the deep end of the pool.
[01:15:05.240 --> 01:15:15.240]  That was a judge who had just been appointed because another judge had retired.
[01:15:15.240 --> 01:15:19.240]  And this was his first case.
[01:15:19.240 --> 01:15:23.240]  And I handed him a set of criminal complaints.
[01:15:23.240 --> 01:15:32.240]  And he's reading them over and he looked up at me and I said, welcome to the deep end of the pool. That was a great fun.
[01:15:32.240 --> 01:15:35.240]  But yes, that's exactly what he needs to hear.
[01:15:35.240 --> 01:15:42.240]  He wants to have attitude and he's used to people who have no idea what's going on.
[01:15:42.240 --> 01:15:48.240]  He's not accustomed to someone who will go in there and lay traps for him.
[01:15:48.240 --> 01:16:00.240]  Yes, that was the general consensus of what I got as I was watching people plead with the clerks of the court to have some mercy, you know, because they couldn't afford to make a payment.
[01:16:00.240 --> 01:16:03.240]  And I just thought, man, this is unbelievable.
[01:16:03.240 --> 01:16:10.240]  And so when I, you know, the clerk of the court had the attitude that, you know, hey, as a matter of fact, you're just going to pay this.
[01:16:10.240 --> 01:16:13.240]  And then so did the judge.
[01:16:13.240 --> 01:16:25.240]  Okay, what this sounds like to me is a good opportunity for a private attorney general suit.
[01:16:25.240 --> 01:16:39.240]  And in the legal reform movement, there's a lot of guys out there who are proposing private attorney general, but they're acting as though they have the same authority as an attorney general or a prosecutor attorney when they don't.
[01:16:39.240 --> 01:16:50.240]  But when you're acting in a case where you're acting to your benefit and for those similarly situated, you can act as private attorney general.
[01:16:50.240 --> 01:16:53.240]  And I'll explain that a little more detail when I get back.
[01:16:53.240 --> 01:16:55.240]  Larry, Tony, I see you there on the board.
[01:16:55.240 --> 01:16:57.240]  We'll pick you up when we get back on the other side.
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[01:19:00.240 --> 01:19:16.240]  Ain't gonna blind me, don't bore me
[01:19:16.240 --> 01:19:41.240]  Ain't gonna fool me with that same old trick again
[01:19:41.240 --> 01:19:49.240]  Okay, we are back. We're in Kelton, Devon, Steve, Dan Craig, and we're talking to Clint in Arizona.
[01:19:49.240 --> 01:20:02.240]  I realize 600 bucks is a lot of money, but compared to the legal education it can give you, it's chump change.
[01:20:02.240 --> 01:20:10.240]  So the worst thing that can happen to you is they'll do what we're gonna do anyway.
[01:20:10.240 --> 01:20:26.240]  And in this case, it appears as though they are so blatant as to give you a very good shot at a private attorney general suit.
[01:20:26.240 --> 01:20:43.240]  If the clerk is out of hand simply telling people they have to pay, they're fine. That's an incredible breach of due process, so I would suggest that you play a little chess with them.
[01:20:43.240 --> 01:21:08.240]  And my favorite tool to drive the other side crazy is the Open Records Act or Open Government. In this case, since it's courts, you can look for court record, but I would suggest that you go to the city and ask the city for a listing of all reports
[01:21:08.240 --> 01:21:18.240]  prepared by the municipal courts through the clerk to any governmental entity.
[01:21:18.240 --> 01:21:35.240]  Now under Open Records, there are records they can restrict from you, but if you're asking for scope and content, I'm sorry, scope and substantive content,
[01:21:35.240 --> 01:21:48.240]  I have, if you look on juresimprudence.com in the documents and research section, there's a information request scope and content.
[01:21:48.240 --> 01:22:03.240]  And that's taken out of the code. You might look in Arizona code under their Open Records Act under the section that stipulates what records are open for public inspection.
[01:22:03.240 --> 01:22:23.240]  And I have a big section, make up an information request and say, I hear by demand for access to, you know, when I, if you look at my information request, I'm very clear that I'm not asking for copies of any records.
[01:22:23.240 --> 01:22:35.240]  I specifically demand access to the original documents for examination or copying.
[01:22:35.240 --> 01:22:46.240]  And in Texas, and I suspect it will be similar in other states, if you can bring your own equipment, you can copy the documents yourself.
[01:22:46.240 --> 01:22:56.240]  So you demand them for inspection and or copying. That way they don't get to do any of this charging you a lot of money before you look at them stuff.
[01:22:56.240 --> 01:23:11.240]  And the records that they keep, how they keep them, where they keep them, what they call them, how you reference them, all of that's going to be open because you're not asking for any content.
[01:23:11.240 --> 01:23:31.240]  Anytime a agency gives me any crappola on records, I give them the scope and content. I once had a sheriff captain spend eight hours with me going through every type of record they kept, drove them crazy.
[01:23:31.240 --> 01:23:47.240]  So first thing you want to do is file a request with the agency, with the city or if it's municipality or the county, whichever it is, if it's the justice of the peace, then it'll be the county.
[01:23:47.240 --> 01:24:05.240]  And demand to know what records are kept concerning traffic citations and the monies collected through traffic citations because what they're going to do is say, why does he want that?
[01:24:05.240 --> 01:24:08.240]  What's he looking for?
[01:24:08.240 --> 01:24:22.240]  It drives them crazy and tries to craft your requests in a broad enough manner that they won't know precisely what you're looking for.
[01:24:22.240 --> 01:24:41.240]  And as to information requests in Texas, and I suspect this would be similar in other states, the custodian of the record may make no inquiry of the requester other than to determine his identity in the record sought.
[01:24:41.240 --> 01:24:53.240]  If I can get a custodian of the record to ask me why I want to see a record that gets a 911 call.
[01:24:53.240 --> 01:25:02.240]  If they knew why I want to see the records, then they would know which records to adulterate or hide from me, and they would be compromised.
[01:25:02.240 --> 01:25:17.240]  Every state is going to have a similar requirement and I very deliberately craft my complaints so that it will raise questions in the mind of the custodian.
[01:25:17.240 --> 01:25:21.240]  Why is he looking for this?
[01:25:21.240 --> 01:25:33.240]  And if I can suck him in, give me why I want to see a record, I call 911 immediately, and that is absolutely great entertainment.
[01:25:33.240 --> 01:25:53.240]  But look at that, what you're looking for under a private attorney general suit is a pattern of misconduct which results in the collection of fines and fees that are collected in violation of the due course of the law.
[01:25:53.240 --> 01:26:08.240]  Because in every state, every state that I know of so far, if a fine or fee is collected in violation of the due course of the laws, that fine or fee must be reimbursed in triplicate.
[01:26:08.240 --> 01:26:27.240]  So you don't want to tell them this, but you want to carefully craft your requests so that a reasonable person of ordinary prudence looking at your requests will come to this conclusion.
[01:26:27.240 --> 01:26:31.240]  Figure out what you want to threaten them with.
[01:26:31.240 --> 01:26:34.240]  Don't threaten them with it.
[01:26:34.240 --> 01:26:42.240]  Craft your request in a way that they'll come to the conclusion that that's what you're doing.
[01:26:42.240 --> 01:26:43.240]  Right.
[01:26:43.240 --> 01:26:52.240]  Yeah, what they think is always going to be worse than what would actually happen.
[01:26:52.240 --> 01:26:58.240]  So information requests is an art form.
[01:26:58.240 --> 01:27:08.240]  You start doing this artfully and start requesting information the first time somebody gives you some crap over.
[01:27:08.240 --> 01:27:23.240]  You go to the local, if it's in the courthouse, you go to the security because it is the place of the bailiff of the court and security in the courthouse to keep the peace makes no difference who breaches it.
[01:27:23.240 --> 01:27:29.240]  I actually had a bailiff tell me once that he worked, he couldn't arrest the judge because he worked with the judge.
[01:27:29.240 --> 01:27:37.240]  With all due respect, you work for me and you are not to forget it.
[01:27:37.240 --> 01:27:42.240]  You use your duties to keep the peace and it makes no difference who breaches it.
[01:27:42.240 --> 01:27:45.240]  They know that.
[01:27:45.240 --> 01:27:48.240]  But they never have anybody do that to him.
[01:27:48.240 --> 01:27:58.240]  So what I would suggest is look at what claim you can make that rather you can prove it or not.
[01:27:58.240 --> 01:28:06.240]  Doesn't matter if you can create the perception of wrongdoing on the part of the city.
[01:28:06.240 --> 01:28:17.240]  You have this municipal court judge here who has to answer to the mayor, the city council and the city manager.
[01:28:17.240 --> 01:28:21.240]  Those are the people you want to beat up.
[01:28:21.240 --> 01:28:22.240]  Right.
[01:28:22.240 --> 01:28:26.240]  Make them dance for you.
[01:28:26.240 --> 01:28:33.240]  And then they'll go back to this municipal court and say you need to do something to get this guy off our case.
[01:28:33.240 --> 01:28:34.240]  Nice.
[01:28:34.240 --> 01:28:35.240]  Okay.
[01:28:35.240 --> 01:28:36.240]  Listen.
[01:28:36.240 --> 01:28:37.240]  Okay.
[01:28:37.240 --> 01:28:40.240]  I really have to get going.
[01:28:40.240 --> 01:28:43.240]  Just to cap this all off, thank you so much.
[01:28:43.240 --> 01:28:51.240]  Thank you guys so much for what you do, but I did take a tape recorder in there because I knew that there would be no recording of the proceeding.
[01:28:51.240 --> 01:28:56.240]  And I plan on having video and audio of my final deal.
[01:28:56.240 --> 01:29:00.240]  And if you guys are interested in it, I'll send it to you so you can enjoy the interview.
[01:29:00.240 --> 01:29:04.240]  Oh, if it's a great video, we may play it on the air.
[01:29:04.240 --> 01:29:06.240]  Suggestion.
[01:29:06.240 --> 01:29:12.240]  Do not take a recording device with you.
[01:29:12.240 --> 01:29:18.240]  Make some recording device with you.
[01:29:18.240 --> 01:29:27.240]  I once told the sheriff of the county, you know, it's like sheriff, I'm an old combat veteran and kind of got my ears all bunged up.
[01:29:27.240 --> 01:29:29.240]  I don't hear worth the darn.
[01:29:29.240 --> 01:29:35.240]  Will you look and speak clearly into my pen, please?
[01:29:35.240 --> 01:29:39.240]  What he didn't know is the real recorder was in my pocket.
[01:29:39.240 --> 01:29:41.240]  I didn't have a pen.
[01:29:41.240 --> 01:29:42.240]  Okay.
[01:29:42.240 --> 01:29:44.240]  We'll finish this up quickly on the other side.
[01:29:44.240 --> 01:29:45.240]  We've got a whole stack of callers.
[01:29:45.240 --> 01:29:47.240]  This is Randy Kelton.
[01:29:47.240 --> 01:29:48.240]  David Stevens, Eddie Craven.
[01:29:48.240 --> 01:29:49.240]  We'll go radio.
[01:29:49.240 --> 01:29:53.240]  I'll call it number 512-646-1984.
[01:29:53.240 --> 01:29:56.240]  I missed all the people calling, but we've got a whole bunch of them.
[01:29:56.240 --> 01:29:57.240]  Hang on, Clint.
[01:29:57.240 --> 01:29:59.240]  We'll be right back on the other side.
[01:29:59.240 --> 01:30:05.240]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:30:05.240 --> 01:30:07.240]  The government says that fire brought it down.
[01:30:07.240 --> 01:30:12.240]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:30:12.240 --> 01:30:15.240]  Over 6,000 of my fellow service members have given their lives.
[01:30:15.240 --> 01:30:18.240]  And thousands of my fellow first responders have died.
[01:30:18.240 --> 01:30:19.240]  I'm not a conspiracy theorist.
[01:30:19.240 --> 01:30:20.240]  I'm a structural engineer.
[01:30:20.240 --> 01:30:21.240]  I'm a New York City correction officer.
[01:30:21.240 --> 01:30:22.240]  I'm an Air Force pilot.
[01:30:22.240 --> 01:30:24.240]  I'm a father who lost his son.
[01:30:24.240 --> 01:30:27.240]  We're Americans, and we deserve the truth.
[01:30:27.240 --> 01:30:30.240]  Go to RememberBuilding7.org today.
[01:30:31.240 --> 01:30:36.240]  The Rule of Law Radio Network is proud to present a due process of law seminar hosted by our own Eddie Craig.
[01:30:36.240 --> 01:30:41.240]  Eddie is a former Nacodotius Serif's deputy, and for the past 21 years he's been studying the due process of law
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[01:30:47.240 --> 01:30:50.240]  located at 1904 Guadalupe Street.
[01:30:50.240 --> 01:30:58.240]  Admission is $20, so please make plans to come by and sit with Eddie and learn for yourself what the true intent of law really is.
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[01:31:59.240 --> 01:32:21.240]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:32:29.240 --> 01:32:37.240]  We are back, and that's similar to his Pat with Debra and Jerry's Band.
[01:32:37.240 --> 01:32:44.240]  And he's from an island of Nice, and there are real room drinkers down there.
[01:32:44.240 --> 01:32:50.240]  Every time Pat would come around, I'd accuse him of drinking all my rum.
[01:32:50.240 --> 01:32:53.240]  And he would always fess up to it.
[01:32:53.240 --> 01:32:59.240]  Okay, we are talking to Clint in Arizona. Clint, we do need to move along,
[01:32:59.240 --> 01:33:06.240]  but I can't overemphasize what an opportunity this is.
[01:33:06.240 --> 01:33:10.240]  The worst that can happen is what they intend to happen anyway.
[01:33:10.240 --> 01:33:17.240]  And it sounds like these guys are rather blatant in their disregard for rule of law.
[01:33:17.240 --> 01:33:24.240]  Obviously, do not take the individual seriously.
[01:33:24.240 --> 01:33:27.240]  You can have a whole lot of fun with this.
[01:33:27.240 --> 01:33:29.240]  And I intend to.
[01:33:29.240 --> 01:33:33.240]  Good. Keep us posted.
[01:33:33.240 --> 01:33:39.240]  I'm going to have a guest on tomorrow night, but after the first two hours, we'll be open.
[01:33:39.240 --> 01:33:42.240]  But keep us posted on what happens.
[01:33:42.240 --> 01:33:48.240]  I will. Just real quick on Eddie's package. Is that a useful package to have?
[01:33:48.240 --> 01:33:50.240]  And I'm sure it probably is.
[01:33:50.240 --> 01:33:55.240]  And I just got to go online to your guys' rule of law to get that.
[01:33:55.240 --> 01:33:59.240]  Yes, it is useful, and this is why.
[01:33:59.240 --> 01:34:01.240]  Penal code.
[01:34:01.240 --> 01:34:10.240]  The federal government produced a model penal code and asked all of the states to adopt this penal code.
[01:34:10.240 --> 01:34:16.240]  And most of the states did, but they made their own individual adjustments.
[01:34:16.240 --> 01:34:25.240]  But this was so that if you move from one state to another state, you generally, if you understand the laws of your state,
[01:34:25.240 --> 01:34:29.240]  you'll generally understand the laws of the next state.
[01:34:29.240 --> 01:34:40.240]  The federal government also produced the traffic code and asked all the states to adopt it.
[01:34:40.240 --> 01:34:44.240]  And Texas, for instance, actually enforces the federal traffic code.
[01:34:44.240 --> 01:34:48.240]  So they're all very much the same.
[01:34:48.240 --> 01:34:58.240]  If you understand the law in one state, you will pretty well understand the law in all of the states with minor discrepancies.
[01:34:58.240 --> 01:35:00.240]  minor changes and adjustments.
[01:35:00.240 --> 01:35:01.240]  So absolutely.
[01:35:01.240 --> 01:35:03.240]  If you get that, go through it.
[01:35:03.240 --> 01:35:09.240]  And then once you understand it, go back to Arizona law.
[01:35:09.240 --> 01:35:20.240]  And one thing we would greatly appreciate is if while you're comparing the codes from Texas to Arizona,
[01:35:20.240 --> 01:35:30.240]  keep a record of the differences and similarities so we can make this available to other people who buy the code from Arizona.
[01:35:30.240 --> 01:35:32.240]  Indeed, I will.
[01:35:32.240 --> 01:35:34.240]  Now, thank you guys so much for your time tonight.
[01:35:34.240 --> 01:35:38.240]  I'll keep you updated and God bless you all.
[01:35:38.240 --> 01:35:39.240]  Okay.
[01:35:39.240 --> 01:35:40.240]  Thank you, Clint.
[01:35:40.240 --> 01:35:44.240]  Now we're going to go to Larry in Texas.
[01:35:44.240 --> 01:35:49.240]  Okay, Larry, what do you have for us tonight?
[01:35:49.240 --> 01:35:54.240]  Larry, did I put you to sleep?
[01:35:54.240 --> 01:35:55.240]  No, I'm here.
[01:35:55.240 --> 01:35:56.240]  Oh, okay.
[01:35:56.240 --> 01:35:57.240]  I'm here.
[01:35:57.240 --> 01:35:58.240]  I'm here.
[01:35:58.240 --> 01:36:03.240]  I have that effect on some people, primarily Eddie.
[01:36:03.240 --> 01:36:21.240]  Now, I just got a quick question, the recon trust, they hired the lawyer to represent them in the FDCPA lawsuit I filed against them.
[01:36:21.240 --> 01:36:33.240]  And like I was telling you on the phone about a week ago is this lawyer called me and immediately started harping on me about my mortgage and where the money was at.
[01:36:33.240 --> 01:36:45.240]  And to which I sent him a debt validation letter since he was more worried about the debt than he was the lawsuit.
[01:36:45.240 --> 01:36:57.240]  So what I'm just kind of wanting to affirm with you is do we not include this guy into the lawsuit now that he...
[01:36:57.240 --> 01:37:02.240]  No, no, no, no, no, don't include him.
[01:37:02.240 --> 01:37:17.240]  In this case, the lawyer is legitimate where in your case, you should recon trust because we didn't apparently didn't have a specific law firm to sue.
[01:37:17.240 --> 01:37:26.240]  We'd rather sue a law firm, but if we don't have a law firm, we will sue the servicer or whoever is attempting to collect the debt.
[01:37:26.240 --> 01:37:32.240]  If they hired a law firm, then that law firm is legitimate.
[01:37:32.240 --> 01:37:41.240]  It's legitimate in that we have sued his client and he's representing his client.
[01:37:41.240 --> 01:37:51.240]  When a law firm sends a demand for payment under the UCC, that's called a presentment.
[01:37:51.240 --> 01:38:04.240]  Now, the law firm in that case is attempting to collect the debt and that goes to a lot of consumer protection statutes that we can use to his detriment.
[01:38:04.240 --> 01:38:17.240]  This particular lawyer is merely a lawyer representing the defendant, so he doesn't have to respond to those consumer protection issues.
[01:38:17.240 --> 01:38:33.240]  So that's okay, but we can use him as a liaison between him and his client unless he files a stupid pleading, in which case we'll bar grieve him just for the heck of it.
[01:38:33.240 --> 01:38:40.240]  And that'll give his attention and also get him to increase the amount he charges his client.
[01:38:40.240 --> 01:38:49.240]  That's all about the money, so yeah, we can't go after this lawyer or we can, but it's probably best that we don't.
[01:38:49.240 --> 01:38:53.240]  And we stay right after his client now.
[01:38:53.240 --> 01:39:05.240]  It makes no difference what the other side says unless what they say is irrefutable.
[01:39:05.240 --> 01:39:31.240]  In this case, you sued them under FDCPA and all you're asking is that you show that you actually have agency to represent a principal who has standing in that the principal is the holder or the direct representative of the holder of the note.
[01:39:31.240 --> 01:39:50.240]  And he has capacity in that he has abided by all consumer protection laws and all other laws regarding his position, and he hasn't done anything that would restrict him from pursuing collection.
[01:39:50.240 --> 01:39:55.240]  Capacity. It's not enough to have standing.
[01:39:55.240 --> 01:40:15.240]  We also have to have the capacity to move forward and when we follow the debt validations letter with the collector, he no longer has capacity to collect until he responds to the debt validation letter.
[01:40:15.240 --> 01:40:24.240]  So when they respond to something other than the debt validation letter, that's like the lips are moving and no sounds coming out.
[01:40:24.240 --> 01:40:29.240]  Let us not be seduced.
[01:40:29.240 --> 01:40:37.240]  If their response does not go directly to the issue, it is non responsive.
[01:40:37.240 --> 01:40:43.240]  And this is exactly what we set them up to do.
[01:40:43.240 --> 01:40:45.240]  We do the debt validation.
[01:40:45.240 --> 01:40:56.240]  And we then we sue based on a failure to validate the debt. They come back and say, where do you owe this much money to my client?
[01:40:56.240 --> 01:40:57.240]  And when you're going to pay this?
[01:40:57.240 --> 01:41:01.240]  And they argue the mortgage.
[01:41:01.240 --> 01:41:14.240]  And that's exactly what we want them to do because when we come back and say there is no mortgage before this court, the only thing before this court is agency standing in capacity.
[01:41:14.240 --> 01:41:24.240]  And so far, the lawyers have been very accommodating in that they only argue the note.
[01:41:24.240 --> 01:41:36.240]  And, you know, a normal person look at this and we say, you know, a lawyer is cannot depend on the veracity of his client.
[01:41:36.240 --> 01:41:50.240]  He must test the facts given to the lawyer so that the lawyer can be sure that when he makes a claim for the for his client that the claim is actually valid.
[01:41:50.240 --> 01:41:54.240]  And this is exactly where we're going.
[01:41:54.240 --> 01:41:59.240]  We're saying that the lawyer is responsible for the claim that he makes.
[01:41:59.240 --> 01:42:09.240]  And since that's the case, we're certain that before you made this claim, you acted to ensure you have the authority to make it.
[01:42:09.240 --> 01:42:18.240]  So all we want from you is that due diligence that you did before you made the claim.
[01:42:18.240 --> 01:42:29.240]  Now, we know they didn't do any due diligence, but we're not going to say that we're going to presume that they did because they had a requirement to do so.
[01:42:29.240 --> 01:42:34.240]  And we'll go back to the court and say, you know, what is this nonsense?
[01:42:34.240 --> 01:42:40.240]  Certainly they made sure that their client had a case before they made the claim.
[01:42:40.240 --> 01:42:43.240]  So all we need is the due diligence that we did.
[01:42:43.240 --> 01:42:55.240]  So we and in what we're doing with the procedure we're using is we file the FDCPA suit.
[01:42:55.240 --> 01:43:07.240]  And while we're waiting for them to answer, then we do an evaluation of the county records because if we can find problems in the county records,
[01:43:07.240 --> 01:43:15.240]  then when they come back with an argument about the note instead of showing agency standing in capacity,
[01:43:15.240 --> 01:43:24.240]  then we say, well, gee was your honor in our objection to the opposition to the Rule 12 motion to dismiss.
[01:43:24.240 --> 01:43:36.240]  We say, well, we filed this suit because we had reason to believe that the principal did not have standing agency standing in capacity.
[01:43:36.240 --> 01:43:44.240]  And we're dropping our evaluation to say, these are the reasons we have these concerns.
[01:43:44.240 --> 01:43:49.240]  And then the lawyers are going to look at that and say that, so be pushback me.
[01:43:49.240 --> 01:43:51.240]  And yes, we did.
[01:43:51.240 --> 01:43:55.240]  I'll speak to that a little bit more and then we need to move along.
[01:43:55.240 --> 01:43:57.240]  I'll go to Tony soon as we come back.
[01:43:57.240 --> 01:44:06.240]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy.
[01:44:06.240 --> 01:44:09.240]  And neither is finding like-minded people to share it with.
[01:44:09.240 --> 01:44:12.240]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:44:12.240 --> 01:44:13.240]  Brave New Books?
[01:44:13.240 --> 01:44:14.240]  Yes.
[01:44:14.240 --> 01:44:20.240]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul and G. Edward Griffin.
[01:44:20.240 --> 01:44:24.240]  They even stock inner food, Burkey products and Calvin Soaps.
[01:44:24.240 --> 01:44:26.240]  There's no way a place like that exists.
[01:44:26.240 --> 01:44:27.240]  Go check it out for yourself.
[01:44:27.240 --> 01:44:31.240]  It's downtown at 1904 Guadalupe Street just south of UT.
[01:44:31.240 --> 01:44:33.240]  Oh, by UT?
[01:44:33.240 --> 01:44:35.240]  There's never anywhere to park down there.
[01:44:35.240 --> 01:44:43.240]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:43.240 --> 01:44:46.240]  It does exist, but when are they open?
[01:44:46.240 --> 01:44:59.240]  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.
[01:45:17.240 --> 01:45:22.240]  If you don't have a lawyer, know what you should do for yourself.
[01:45:22.240 --> 01:45:27.240]  Thousands have won with our step-by-step course, and now you can too.
[01:45:27.240 --> 01:45:34.240]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:34.240 --> 01:45:43.240]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
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[01:45:52.240 --> 01:46:01.240]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-E-Z.
[01:46:08.240 --> 01:46:10.240]  Hello.
[01:46:10.240 --> 01:46:14.240]  Oh, man, you're jailed. You got a party to do?
[01:46:14.240 --> 01:46:16.240]  Oh, man, I'm broken.
[01:46:22.240 --> 01:46:31.240]  Something in this world I will never understand. Something I realize fully.
[01:46:31.240 --> 01:46:39.240]  Somebody's on a police, that police man. Somebody's on a police, police.
[01:46:39.240 --> 01:46:45.240]  Okay, we are back. Randy Kelton, Deborah Stevens, Eddie Craig with a little radio.
[01:46:45.240 --> 01:46:52.240]  We're talking to Larry in Texas, and Larry, we really need to move on. This is our last segment.
[01:46:52.240 --> 01:46:58.240]  And we have a stack of callers. I'm afraid we won't be able to get to all of them.
[01:46:58.240 --> 01:46:59.240]  Okay.
[01:46:59.240 --> 01:47:07.240]  But the rule 12 motion that you got is exactly what we plan on.
[01:47:07.240 --> 01:47:16.240]  We're playing chess here, not checkers. We designed the FDCPA suit to draw this particular response.
[01:47:16.240 --> 01:47:25.240]  And now we will go back with an evaluation of your documentation and say, yeah, we thought these guys didn't have standing capacity,
[01:47:25.240 --> 01:47:32.240]  agency standing capacity because of all of these problems in the court record.
[01:47:32.240 --> 01:47:38.240]  And now the other side is looking at trying to respond to this.
[01:47:38.240 --> 01:47:43.240]  They've already made their claim.
[01:47:43.240 --> 01:47:50.240]  So they can't come back and reclaim. All they can do is file a response to our answer.
[01:47:50.240 --> 01:48:00.240]  So it ties their hands considerably. So we have carefully set this up to get them in a position we want them in.
[01:48:00.240 --> 01:48:08.240]  And we just won one in California where the judge, they filed the rule 12, we filed a response with all the points and authorities,
[01:48:08.240 --> 01:48:11.240]  the judge dismissed with prejudice.
[01:48:11.240 --> 01:48:18.240]  We filed a motion to reconsider with all the points and authorities and in the alternative,
[01:48:18.240 --> 01:48:26.240]  a motion to disqualify the judge for its addition against the Congress and official oppression against the plaintiff
[01:48:26.240 --> 01:48:31.240]  and a demand for findings, effect and conclusions at law.
[01:48:31.240 --> 01:48:39.240]  The federal judge believed he granted the motion for reconsideration, gave the lawyer seven days to answer.
[01:48:39.240 --> 01:48:44.240]  Their seven days were up Monday, no answer.
[01:48:44.240 --> 01:48:49.240]  Hoo-ha, life is good.
[01:48:49.240 --> 01:48:57.240]  Okay, so far this is just strategizing instead of just throwing something at them.
[01:48:57.240 --> 01:49:03.240]  Trying to figure out, you know, what they're going to do and fortunately we have about 600 cases behind us.
[01:49:03.240 --> 01:49:07.240]  So we have a good idea of what they're going to do.
[01:49:07.240 --> 01:49:14.240]  So we set up our suit to get them to do what we expect them to and when they do we land on them like a ton of bricks.
[01:49:14.240 --> 01:49:17.240]  So far this is working really well.
[01:49:17.240 --> 01:49:25.240]  We really need to move along, but stay in touch, keep us up to date.
[01:49:25.240 --> 01:49:30.240]  I'm going to go now to Tony in Illinois.
[01:49:30.240 --> 01:49:37.240]  Tony, you have been trying to get a hold of me for a couple of days now and I apologize for not getting back to you.
[01:49:37.240 --> 01:49:42.240]  I've had a week and a half here that was pretty hectic.
[01:49:42.240 --> 01:49:51.240]  I told you the other day this is regarding a lady facing a foreclosure and eviction.
[01:49:51.240 --> 01:49:53.240]  And I have a file on hand and well, facts.
[01:49:53.240 --> 01:49:57.240]  I'll try to bring everybody up to speed as quickly as I can.
[01:49:57.240 --> 01:50:03.240]  She received the summons April 11th of last year.
[01:50:03.240 --> 01:50:12.240]  Subsequent to that, they did now this is Wells Fargo 2006 mortgage.
[01:50:12.240 --> 01:50:18.240]  They dealt with her a little bit to try to bring her up, like catch up or whatever.
[01:50:18.240 --> 01:50:20.240]  A couple of payments were made.
[01:50:20.240 --> 01:50:22.240]  She ran into the problems in the summer.
[01:50:22.240 --> 01:50:26.240]  Now in the file there is nothing between...
[01:50:26.240 --> 01:50:28.240]  Wait, I'm losing you.
[01:50:28.240 --> 01:50:30.240]  Can you hear me all right now?
[01:50:30.240 --> 01:50:32.240]  That's better.
[01:50:32.240 --> 01:50:38.240]  Okay, in the file there is nothing between April of last year and April of this year.
[01:50:38.240 --> 01:50:43.240]  Okay, have you looked at the county registrar's records?
[01:50:43.240 --> 01:50:45.240]  Pardon?
[01:50:45.240 --> 01:50:51.240]  Okay, have you looked at the documents in the county registrar's office?
[01:50:51.240 --> 01:50:53.240]  You mean the recorder's office?
[01:50:53.240 --> 01:50:57.240]  Yes, the recorder's office.
[01:50:57.240 --> 01:51:02.240]  I have done that, but that's not what I have in hand, I have the core documents in hand.
[01:51:02.240 --> 01:51:07.240]  Okay, that's where the action is.
[01:51:07.240 --> 01:51:16.240]  In order for the debt collector to have standing in a matter relating to real property,
[01:51:16.240 --> 01:51:22.240]  their standing must be filed in the county recorder's office.
[01:51:22.240 --> 01:51:28.240]  Now granted, there's no statutory requirement for them to make the filing.
[01:51:28.240 --> 01:51:31.240]  Okay, I think I can address that.
[01:51:31.240 --> 01:51:38.240]  Now when I saw her file, this is before I even knew that she had this issue.
[01:51:38.240 --> 01:51:46.240]  Okay, and I saw that Georgia Bank was in there and I assumed that there was some securitization,
[01:51:46.240 --> 01:51:50.240]  but it looked like it may have gone back to Wells Fargo by looking at this court file.
[01:51:50.240 --> 01:51:52.240]  Okay, hold on, hold on.
[01:51:52.240 --> 01:51:54.240]  Georgia Bank is in there.
[01:51:54.240 --> 01:51:55.240]  Right.
[01:51:55.240 --> 01:52:00.240]  Georgia Bank will be in there as a trustee for a pass-through trust.
[01:52:00.240 --> 01:52:03.240]  Exactly, and that is the plaintiff's case.
[01:52:03.240 --> 01:52:05.240]  Okay, pass-through trust.
[01:52:05.240 --> 01:52:11.240]  These trusts are set up and they're regulated by Genie Mae.
[01:52:11.240 --> 01:52:20.240]  They can only accept notes into the trust for a three-month period.
[01:52:20.240 --> 01:52:30.240]  After that, the only way a note can be put into the trust is if it is put in to replace one that has defaulted.
[01:52:30.240 --> 01:52:34.240]  So first thing you look at is what's the date of the trust?
[01:52:34.240 --> 01:52:35.240]  If it's a...
[01:52:35.240 --> 01:52:37.240]  2007.
[01:52:37.240 --> 01:52:44.240]  2007 trust, that trust has to be within three months of the closing date on the note.
[01:52:44.240 --> 01:52:47.240]  Otherwise, it couldn't be put in there.
[01:52:47.240 --> 01:52:52.240]  When was the assignment made to the trust?
[01:52:52.240 --> 01:52:54.240]  Being there.
[01:52:54.240 --> 01:52:58.240]  It's most likely 2010, 2011, 2012.
[01:52:58.240 --> 01:53:01.240]  Now that would be in the record and the register.
[01:53:01.240 --> 01:53:02.240]  Yeah, that'll be in there.
[01:53:02.240 --> 01:53:03.240]  This is what you look for.
[01:53:03.240 --> 01:53:09.240]  If you see the Deutsche Bank or if you see an assignment to a trust,
[01:53:09.240 --> 01:53:17.240]  what they're trying to do is get the date of trust connected back to the holder of the note.
[01:53:17.240 --> 01:53:22.240]  Well, sorry, Bubba, that's not going to work.
[01:53:22.240 --> 01:53:24.240]  Once you...
[01:53:24.240 --> 01:53:30.240]  If the note was actually negotiated into the trust,
[01:53:30.240 --> 01:53:36.240]  the date of trust had to be transferred at the same time.
[01:53:36.240 --> 01:53:39.240]  If it wasn't, they broke the chain.
[01:53:39.240 --> 01:53:48.240]  So what they're trying to do now is transfer the date of trust to the PSA holding the note.
[01:53:48.240 --> 01:53:49.240]  Too late.
[01:53:49.240 --> 01:53:57.240]  The implication is that the note was negotiated into the PSA at the time the transfer was made.
[01:53:57.240 --> 01:53:59.240]  And it couldn't be.
[01:53:59.240 --> 01:54:06.240]  Because we only had a three-month window and that three-month window has been closed for years.
[01:54:06.240 --> 01:54:09.240]  So does that make sense, what we're looking for?
[01:54:09.240 --> 01:54:11.240]  Well, the mortgage was late 2006.
[01:54:11.240 --> 01:54:19.240]  I think one of the major issues is that she received the summons served on her in-person.
[01:54:19.240 --> 01:54:21.240]  That's April of last year.
[01:54:21.240 --> 01:54:25.240]  Now there's nothing up until April of this year.
[01:54:25.240 --> 01:54:31.240]  And that's the motion for default, motion for judgment for closure and notice of motion for...
[01:54:31.240 --> 01:54:32.240]  Okay, hold on, hold on.
[01:54:32.240 --> 01:54:35.240]  Who filed the motion for default?
[01:54:35.240 --> 01:54:39.240]  This is the plaintiff that would be Deutsche Bank.
[01:54:39.240 --> 01:54:40.240]  Oh, okay.
[01:54:40.240 --> 01:54:45.240]  The law form for Deutsche Bank, which is Pearson Associates in Chicago.
[01:54:45.240 --> 01:54:47.240]  Now she never received any notice for this.
[01:54:47.240 --> 01:54:51.240]  She doesn't have received mail at her physical address.
[01:54:51.240 --> 01:54:55.240]  She only had an appeal box, so they sent it there.
[01:54:55.240 --> 01:54:58.240]  That's probably why she didn't receive it.
[01:54:58.240 --> 01:55:02.240]  And, you know, well, as far as the window is concerned...
[01:55:02.240 --> 01:55:04.240]  Wait, I'm losing you.
[01:55:04.240 --> 01:55:09.240]  Okay, I don't know where you lost me, but she does not receive mail at her physical address,
[01:55:09.240 --> 01:55:11.240]  only an appeal box.
[01:55:11.240 --> 01:55:13.240]  That's probably why she didn't receive notice.
[01:55:13.240 --> 01:55:15.240]  But she didn't receive any notice whatsoever.
[01:55:15.240 --> 01:55:23.240]  She had no idea this was going on until someone, she knew, saw the notice in the paper that the sale wasn't going to happen.
[01:55:23.240 --> 01:55:25.240]  And then...
[01:55:25.240 --> 01:55:26.240]  Okay, okay.
[01:55:26.240 --> 01:55:33.240]  Almost always when you raise the issue of lack of notice, even if you're pro-save,
[01:55:33.240 --> 01:55:39.240]  that's one of the few things that the court will grant your issue with.
[01:55:39.240 --> 01:55:40.240]  That's right.
[01:55:40.240 --> 01:55:42.240]  That's what I thought.
[01:55:42.240 --> 01:55:48.240]  Now, she's facing eviction September 16th, so...
[01:55:48.240 --> 01:55:54.240]  Okay, has she been to, okay, an eviction hearing?
[01:55:54.240 --> 01:55:56.240]  I don't think she's really been to anything.
[01:55:56.240 --> 01:55:59.240]  I think she might have gone there, down there and observed the mail.
[01:55:59.240 --> 01:56:08.240]  Okay, then was an eviction hearing held?
[01:56:08.240 --> 01:56:12.240]  I don't know that an actual hearing was held, but it was signed.
[01:56:12.240 --> 01:56:13.240]  Let's see here.
[01:56:13.240 --> 01:56:16.240]  Okay, here's what they have to do.
[01:56:16.240 --> 01:56:20.240]  Motion for order, approval and report of sale and distribution.
[01:56:20.240 --> 01:56:22.240]  Okay, once...
[01:56:22.240 --> 01:56:32.240]  Illinois is a judicial state, so the lender has to go to the court and get a court order authorizing them to full close.
[01:56:32.240 --> 01:56:39.240]  Then they have to go to the individual and order the...
[01:56:39.240 --> 01:56:45.240]  They have to do the full closure, and then they have to order the occupant to vacate the property.
[01:56:45.240 --> 01:56:46.240]  Yeah.
[01:56:46.240 --> 01:56:52.240]  When the occupant refuses to vacate the property, then they have to go to the court for an unlawful detainer hearing
[01:56:52.240 --> 01:56:56.240]  or an eviction hearing, whatever they happen to call it.
[01:56:56.240 --> 01:57:03.240]  Then an eviction can be ordered, but if it is, there has to be a hearing for that, and then you can appeal all of that.
[01:57:03.240 --> 01:57:05.240]  There's a lot of things you can do.
[01:57:05.240 --> 01:57:09.240]  So I'm trying to find out what has actually occurred.
[01:57:09.240 --> 01:57:18.240]  Okay, well, we haven't gotten to the eviction date, so we wouldn't be at the unlawful detainer stage or anything like that, I don't believe.
[01:57:18.240 --> 01:57:20.240]  Okay, good.
[01:57:20.240 --> 01:57:35.240]  And what would have to happen is if a full closure has occurred, then whoever secured the property at the full closure would then have to order the person to vacate.
[01:57:35.240 --> 01:57:36.240]  If they...
[01:57:36.240 --> 01:57:48.240]  Then when they refuse to vacate, then they have to file an action with the local court for a determination of who has a right to possession of the property.
[01:57:48.240 --> 01:57:51.240]  I am afraid we are out of time...
[01:57:51.240 --> 01:57:52.240]  No, we're not.
[01:57:52.240 --> 01:57:55.240]  Okay, we've got one minute left, but we're almost out of time.
[01:57:55.240 --> 01:57:57.240]  Okay, so...
[01:57:57.240 --> 01:58:01.240]  Did you have a specific question really quick?
[01:58:01.240 --> 01:58:05.240]  So we're talking most of the vacate, so far as the hearing?
[01:58:05.240 --> 01:58:06.240]  Yeah, okay.
[01:58:06.240 --> 01:58:15.240]  Get me off the air, we don't have time for this, or call tomorrow night in the third hour, and we can address this.
[01:58:15.240 --> 01:58:18.240]  This is my area, so I'd like to address it.
[01:58:18.240 --> 01:58:19.240]  This is...
[01:58:19.240 --> 01:58:21.240]  Okay, thank you, Tony.
[01:58:21.240 --> 01:58:25.240]  This is Randy Calton, Dr. Steven Zeta-Krig with the radio.
[01:58:25.240 --> 01:58:40.240]  We'll be back tomorrow night for our four-hour info marathon, and we will have Dr. Bill Ethon, our resident fiat money expert, and we'll talk about the condition of the monetary system.
[01:58:40.240 --> 01:58:41.240]  Thank you for listening.
[01:58:41.240 --> 01:58:43.240]  We'll be back tomorrow night.
[01:58:43.240 --> 01:58:45.240]  Good night.
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