[00:08.640 --> 00:14.040] I'm Brian Hagin with your Liberty Beat for Thursday, August 21, 2014. [00:14.040 --> 00:23.760] Gold opened today at $1,276, silver opened at $19.35, and Bitcoin is trading around $525.92. [00:23.760 --> 00:28.360] Support for the Liberty Beat comes from Roberts & Roberts Brokers Inc., specializing in precious [00:28.360 --> 00:37.320] metals since 1977, online at rrbi.co or by phone, 800-874-9760. [00:37.320 --> 00:41.360] In the news last year, several individuals were arrested across the globe in the massive [00:41.360 --> 00:46.080] government takedown of Silk Road, a Bitcoin-based online black market. [00:46.080 --> 00:50.680] One of the website's alleged administrators has been held on house arrest since last December. [00:50.680 --> 00:56.040] His name is Andrew Michael Jones of Virginia, and his parents paid the $1 million bond to [00:56.040 --> 00:59.400] keep him out of a cage while he waits a trial. [00:59.400 --> 01:01.560] His next hearing is in September. [01:01.560 --> 01:06.720] Frekeen.com reports that Andrew is a participant in the Free State Project, a movement to migrate [01:06.720 --> 01:10.080] 20,000 Liberty-minded people to the state of New Hampshire. [01:10.080 --> 01:14.840] His mother and fiance have created a fundraising website asking for help with his defense. [01:14.840 --> 01:20.160] Learn more at drudefense.org. [01:20.160 --> 01:25.460] Yesterday we reported on the American journalist Jim Foley, who was beheaded by ISIS, the Islamic [01:25.460 --> 01:29.800] group seeking to create a theocratic state in Syria and Iraq. [01:29.800 --> 01:34.120] President Obama, who was called out in the video, had the opportunity to respond, taking [01:34.120 --> 01:36.800] a break from his vacation at Martha's Vineyard. [01:36.800 --> 01:41.200] The president was quick to condemn the acts, telling media at a press conference that no [01:41.200 --> 01:46.560] just God would stand for what they did and for what they do every single day. [01:46.560 --> 01:51.240] Speaking of ISIS, he said they have rampaged across cities and villages, killing innocent [01:51.240 --> 01:54.360] unarmed civilians in cowardly acts of violence. [01:54.360 --> 02:02.120] Most likely the beheading will lead to ramped-up military strikes against ISIS targets in Iraq. [02:02.120 --> 02:07.200] The Obama administration is promising to make changes to the controversial no-fly list after [02:07.200 --> 02:12.840] a federal judge recently ruled defendants had no meaningful way to challenge the designation. [02:12.840 --> 02:18.160] The Justice Department has promised to change the rules regarding the list sometime in the [02:18.160 --> 02:19.800] next six months. [02:19.800 --> 02:23.960] The government has not released any details on specific changes. [02:23.960 --> 02:27.800] Earlier this summer, an unknown whistleblower gave The Intercept new details on the way [02:27.800 --> 02:30.280] the no-fly list worked. [02:30.280 --> 02:33.880] Support for the Liberty Beat comes from Brave New Books, your local source for all things [02:33.880 --> 02:34.880] bitcoin. [02:34.880 --> 02:42.520] Now hosting a bitcoin ATM located in Austin, Texas, 1904 Guadalupe Street, or online, bravenewbookstore.com. [02:42.520 --> 02:46.440] And support comes from the notorious activist Michael Cargill, who has a new show called [02:46.440 --> 02:52.220] Come and Talk It, live Sunday afternoons at 4 o'clock on 1370 a.m. in Austin. [02:52.220 --> 02:55.960] This is the Liberty Beat for Thursday, August 21st, 2014. [02:55.960 --> 03:22.480] Check out the website at thelibertybeat.com. [03:55.960 --> 04:19.600] Howdy, howdy, this is Randy Kelton, Deborah Stevens, Rule of Law Radio. [04:19.600 --> 04:29.840] On this Thursday, August 21st, 2014, and I have a couple of things that I wanted to talk [04:29.840 --> 04:35.380] to you about tonight, talk about tonight. [04:35.380 --> 04:42.880] But as things would have it, we have a caller waiting for when we call in. [04:42.880 --> 04:44.080] So I'll take the caller first. [04:44.080 --> 04:52.760] I was going to talk about this issue in Ferguson, Missouri, and a little bit about this $16 [04:52.760 --> 04:58.320] billion settlement with Bank of America. [04:58.320 --> 05:02.160] But before we go to that, the screen will call. [05:02.160 --> 05:09.200] So while the screen will call, I did want to address a little bit about Ferguson. [05:09.200 --> 05:18.080] We've been struggling to fix some problems that have been going on, and all this time [05:18.080 --> 05:23.060] we've been saying that the politics is moving in our favor. [05:23.060 --> 05:32.960] If ever the political situation was right for us to convince our legislators that it's [05:32.960 --> 05:38.520] time to make some serious change, now is that time. [05:38.520 --> 05:46.880] As with what just occurred in Ferguson, it is very clear that there are some serious [05:46.880 --> 05:53.720] problems going on, and I'm having a little technical issue. [05:53.720 --> 05:58.280] I'm not even sure if I'm going out on the air at the moment. [05:58.280 --> 06:02.560] I'm going to assume that I am. [06:02.560 --> 06:10.920] I watched these videos, one in particular, of officers that took the Ferguson officers [06:10.920 --> 06:18.160] off the street because they backed them up and replaced them with state because they [06:18.160 --> 06:23.100] were so aggressive and militaristic. [06:23.100 --> 06:27.880] Just about the time they started getting things calmed down, a video goes viral of one of [06:27.880 --> 06:33.640] the officers acting like an absolute moron, pointing his automatic weapon at these people [06:33.640 --> 06:42.680] while everybody's telling him to put his weapon down and he keeps shaking it at them. [06:42.680 --> 06:50.840] It was nice to see other police officers come and get this guy under control, so it was [06:50.840 --> 06:56.880] clear that the other police were really getting the idea that this is not working out well. [06:56.880 --> 07:01.920] And it's so much in the news now may be a time that we may actually be able to get some [07:01.920 --> 07:03.980] things changed. [07:03.980 --> 07:11.680] I've been talking to public officials in the county I live in, and they have been surprisingly [07:11.680 --> 07:17.600] receptive to possible changes. [07:17.600 --> 07:22.960] And part of it is that here in Wise County, as far as I can tell, is the only county in [07:22.960 --> 07:30.760] the state where if someone is arrested, they're taken directly to the nearest magistrate. [07:30.760 --> 07:38.720] And that has had a dramatic effect because prior to the election of the current sheriff, [07:38.720 --> 07:44.760] I had over 50 people come to me asking if I could do something about the sheriff's deputies [07:44.760 --> 07:52.040] and how aggressive they were and unprofessional and just all sorts of complaints about them. [07:52.040 --> 07:58.640] And I had four deputies come to me and ask me if I could do something to help them get [07:58.640 --> 08:03.080] rid of an officer that was making them all look bad. [08:03.080 --> 08:07.220] They were stuck in the system and they couldn't fix it and they were hoping that I could help [08:07.220 --> 08:09.980] with it. [08:09.980 --> 08:20.800] Since our new sheriff got in 12 years ago, not one single complaint have I heard. [08:20.800 --> 08:28.800] And as soon as he got in, he required that his officers take people arrested to the nearest [08:28.800 --> 08:29.800] magistrate. [08:29.800 --> 08:32.520] And it has worked very well. [08:32.520 --> 08:38.920] I just tried to file complaints with an officer and he refused to take them. [08:38.920 --> 08:46.160] When I got done with him, he was so furious, he was visibly shaking. [08:46.160 --> 08:50.340] But he never once spoke out of line to me. [08:50.340 --> 08:55.080] He never once lost his professional decorum. [08:55.080 --> 09:01.880] It was clear that he wanted to, but it was also clear that something else was binding [09:01.880 --> 09:04.480] him. [09:04.480 --> 09:10.520] And the only thing I could see that was binding him is if he took some action against me and [09:10.520 --> 09:18.100] say arrested me, he was going to have to go to a magistrate and explain himself. [09:18.100 --> 09:21.080] And he did not want to do that. [09:21.080 --> 09:24.240] And I was very pleased with this officer. [09:24.240 --> 09:30.120] When you can get an officer so angry that he's visibly shaking and he still doesn't [09:30.120 --> 09:37.120] lose his professional decorum, that's the guy I want you to send if I need someone with [09:37.120 --> 09:45.920] a pistol, because I won't be afraid that he'll get terrified and frightened and out of control [09:45.920 --> 09:49.240] and shoot me instead of the bad guy. [09:49.240 --> 09:56.720] Anyway, we have Leslie on the air, on the line, and she has been working these folks [09:56.720 --> 09:57.960] over. [09:57.960 --> 10:04.000] She's filed an appeal and I would like to hear, talk about that on the air. [10:04.000 --> 10:05.000] Hello, Ms. Leslie. [10:05.000 --> 10:08.320] Hi, how are you? [10:08.320 --> 10:09.320] Glad you called in. [10:09.320 --> 10:14.400] Yeah, I wasn't sure whether you meant tonight or tomorrow night, but I thought, well, you [10:14.400 --> 10:19.240] said tonight, so tonight is good. [10:19.240 --> 10:29.240] You have been working them over and speaking of changes in the policing of our country, [10:29.240 --> 10:31.860] you may have an effect on that. [10:31.860 --> 10:37.840] You kind of explain what you're doing besides filing a very well-structured appeal. [10:37.840 --> 10:47.240] And I didn't want to lodge one complaint about your appeal document. [10:47.240 --> 10:52.400] I was annoyed that it was so much better than what I would have done. [10:52.400 --> 10:55.640] Oh my. [10:55.640 --> 10:58.440] It was very well done. [10:58.440 --> 11:00.740] I am pleased. [11:00.740 --> 11:04.000] This is how pro se really beat them up. [11:04.000 --> 11:08.920] When the pro se comes in and does a better job than the lawyer does. [11:08.920 --> 11:10.720] Explain that, Bubba. [11:10.720 --> 11:11.720] Okay. [11:11.720 --> 11:13.560] File a complaint. [11:13.560 --> 11:19.680] You filed an appeal, but you also filed some other stuff. [11:19.680 --> 11:20.680] Talk about that. [11:20.680 --> 11:21.680] Yeah. [11:21.680 --> 11:22.680] Yes. [11:22.680 --> 11:31.760] I made a, what I did is I went down the docket and I looked at what each of the lawyers, [11:31.760 --> 11:36.960] there's two different, three different lawyers involved and what each of them had filed into [11:36.960 --> 11:38.520] the court. [11:38.520 --> 11:45.760] And every time that anyone put anything in concerning the assignment of mortgage, which [11:45.760 --> 11:52.960] means all of the, all of the attorneys proceeding mortgage, which was three of them, um, I, [11:52.960 --> 12:01.580] I went and filed six complaints for each time because, wait a minute, complaints, complaints. [12:01.580 --> 12:08.560] You mean, uh, professional complaints, criminal complaints. [12:08.560 --> 12:10.680] Very good. [12:10.680 --> 12:12.940] They're going to the district attorney. [12:12.940 --> 12:19.900] They're also going to have one copy going to the Supreme court, which regularly regulates [12:19.900 --> 12:24.160] the bar and the bar association. [12:24.160 --> 12:29.320] Well, fortunately you're in Pennsylvania. [12:29.320 --> 12:31.840] And that gives you standing. [12:31.840 --> 12:32.840] Yes. [12:32.840 --> 12:36.000] You have clout we don't have elsewhere. [12:36.000 --> 12:37.000] Okay. [12:37.000 --> 12:42.840] So you have, have you given them to the prosecuting attorney yet? [12:42.840 --> 12:45.280] I haven't, I have an appointment for Monday. [12:45.280 --> 12:50.240] I can't get down there deep before then and, um, see, see what happens then. [12:50.240 --> 12:53.840] Uh, I have 56 different complaints. [12:53.840 --> 13:03.560] Wonderful, and each, each, each time they put something into the court, the Stelanese [13:03.560 --> 13:07.760] involved with 14 years work in prison. [13:07.760 --> 13:14.200] So you got to think about that. [13:14.200 --> 13:20.600] If every time you put a document into the court, you're facing 14 years in prison, you're [13:20.600 --> 13:23.800] going to think twice about it. [13:23.800 --> 13:26.240] That's the whole idea. [13:26.240 --> 13:34.040] I just talked to my prosecuting attorney today about this issue and he introduced me to his [13:34.040 --> 13:42.440] new assistant prosecutor and he said, uh, uh, this is one of the crazy locals and he's [13:42.440 --> 13:48.280] crazier than most, but he's introduced me that way before. [13:48.280 --> 13:59.640] And when I talked to him, he was, they paid very close attention because the two days [13:59.640 --> 14:08.240] before I had went to see the county attorney and told, told his, you know, he was busy. [14:08.240 --> 14:12.480] So I told his assistant that, you know, you really ought to talk to me. [14:12.480 --> 14:15.680] I'm about to hammer him big time. [14:15.680 --> 14:23.360] It turns out he already knew why I was coming because I had filed a complaint against a [14:23.360 --> 14:28.840] police officer and the police officer, I mean, I filed a complaint, a criminal trespass against [14:28.840 --> 14:32.440] someone and the police officer didn't file the complaint and I was kind of hammering [14:32.440 --> 14:37.120] the police officer and he told me the prosecutor told him not to file it. [14:37.120 --> 14:41.180] So he knew that's why I was coming and the prosecutor came to, came out and spoke to [14:41.180 --> 14:48.720] me and he said, mr Kelton, do you really think I'm crazy enough to waive my sovereign immunity? [14:48.720 --> 14:59.880] He threw the police officer under the bus because he was afraid that I might sue him. [14:59.880 --> 15:02.700] These guys really do pay attention. [15:02.700 --> 15:07.880] When I talked to the district attorney, he knew all about it. [15:07.880 --> 15:15.680] These, you know, they won't, generally won't say a word to you about it, but they really [15:15.680 --> 15:22.600] do take this serious and consider you're this lawyer that's been doing this all the time [15:22.600 --> 15:31.280] and you get some grandma come down and file six criminal complaints, you'll get him 14 [15:31.280 --> 15:32.280] years apiece. [15:32.280 --> 15:37.800] No, there's two that are felonies and the rest are third degree misdemeanors. [15:37.800 --> 15:39.760] Or first degree misdemeanors. [15:39.760 --> 15:40.760] First degree. [15:40.760 --> 15:44.440] So that, would that get him a year apiece? [15:44.440 --> 15:47.080] Yeah, I think so. [15:47.080 --> 15:48.080] Okay. [15:48.080 --> 15:49.080] That'll work. [15:49.080 --> 15:54.120] He's looking at, well, he's looking at 14 years just on two different charges. [15:54.120 --> 16:02.320] So just an indictment would end his career, his history. [16:02.320 --> 16:09.320] So when I filed against all of the justices of the court of criminal appeals, they didn't [16:09.320 --> 16:16.280] get indicted, but they sat there for three months wondering whether or not that grand [16:16.280 --> 16:22.400] jury of my peers, not their peers, was going to end their career tomorrow. [16:22.400 --> 16:29.060] And the thing I complained about, they don't do that in Texas anymore. [16:29.060 --> 16:32.640] So it absolutely does work about to go to break. [16:32.640 --> 16:35.520] Let's pick this up on the other side and I'll quit interrupting you. [16:35.520 --> 16:37.640] I want to hear a lot more about this. [16:37.640 --> 16:46.280] This is Randy Kelton, Deborah Stevens, Root of Our Radio on this August the 21st, 2014, [16:46.280 --> 16:50.280] our calling number 512-646-1984. [16:50.280 --> 16:51.280] Give us a call. [16:51.280 --> 16:52.280] We'll be taking calls all night. [16:52.280 --> 16:53.280] We'll be right back. 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[19:00.400 --> 19:08.040] You are listening to the Logos Radio Network, LogosRadioNetwork.com. [19:08.040 --> 19:30.520] Look what we got, we asked a Christian, I wonder what they're hiding, don't have [19:30.520 --> 19:41.720] an answer, hoping to buy, ask the Christian, look what we got, and they don't have an [19:41.720 --> 19:42.720] answer. [19:42.720 --> 19:47.160] I'm sloping, slipping, sliding, I can't go through shoes, proceed, Lord, how they want [19:47.160 --> 19:54.040] waiting, take it easy, they might talk way too politically and then getting mad and angry, [19:54.040 --> 19:57.040] but they're not standing up and fighting, fighting for their freedom. [19:57.040 --> 20:02.800] So we are back, we're ready to go, we've already been talking to Leslie in Pennsylvania. [20:02.800 --> 20:10.840] Okay Leslie, have you, did you say you've sent the complaints in, did you, who did you [20:10.840 --> 20:11.840] send them to? [20:11.840 --> 20:17.480] Well, I'm taking them in myself to see the district attorney, I'm going to make sure [20:17.480 --> 20:23.840] I talk to him directly, I don't want to touch any of the roof, yeah. [20:23.840 --> 20:27.320] You're fading in and out a little bit. [20:27.320 --> 20:32.640] I don't want to talk to anybody under him, I want to talk to the district attorney, I [20:32.640 --> 20:38.300] don't want this, I want it to go to the top, because these are lawyers, and I want to make [20:38.300 --> 20:45.160] sure he knows that this, this is not going to continue and I'm not going to have it, [20:45.160 --> 20:49.120] you know, and if he's not going to do anything, I'm just going to go higher, that's all. [20:49.120 --> 20:56.760] You might reference to him that, you know, I looked into Pennsylvania law when we were [20:56.760 --> 21:06.960] out there a few years ago, and your attorney general has prosecutorial authority, ours [21:06.960 --> 21:14.680] in Texas doesn't, he does now for public officials, but prior to that he didn't, so yours does [21:14.680 --> 21:27.280] though, so if the, one thing let me suggest, never ever give them fair warning, and never [21:27.280 --> 21:35.520] ever ask them to do anything they are not specifically required to do, so you can hammer [21:35.520 --> 21:41.920] them when they don't, and above all, don't warn them what you're about to do, any time [21:41.920 --> 21:47.120] you try to give a public official fair warning, they're going to take that as a threat, they're [21:47.120 --> 21:57.120] going to characterize it as a threat, so that's why my prosecutor was so concerned, because [21:57.120 --> 22:04.320] he knew I wasn't going to tell him what I was going to do, I got the officer to tell [22:04.320 --> 22:11.560] him instead, I wasn't going to tell him, I was going to sue him personally, and the first [22:11.560 --> 22:15.920] thing he said to me, Mr. Kelton, do you think I'm out of my mind? [22:15.920 --> 22:23.120] Do you really think I would waive my sovereign immunity by giving legal advice to the police? [22:23.120 --> 22:33.280] So once they figure it out, and it'll take you, it won't take long, you go in there and [22:33.280 --> 22:40.160] ask him to hand him the complaints, and then he won't act on them, you don't say anything [22:40.160 --> 22:47.160] to him about it, you don't give him any opportunity to explain himself, you go straight to the [22:47.160 --> 22:51.560] court of common pleas with a complaint against him, and now he's got the court of common [22:51.560 --> 22:58.400] pleas calling him, asking him the questions, asking him for the explanation he really wanted [22:58.400 --> 23:05.160] to give to you, and he's not likely to give the court of common pleas the same bucket [23:05.160 --> 23:07.040] of BS he would hand to you. [23:07.040 --> 23:16.000] Then he's going to think, that grandma set me up for that. [23:16.000 --> 23:26.880] On another issue on the same thing, in the brief itself for my appeal, when they opened [23:26.880 --> 23:34.840] the default judgment that I got, they had to abuse their judicial discretion, and in [23:34.840 --> 23:40.720] the summary judgment that they pulled against me, they also had to abuse their judicial [23:40.720 --> 23:41.720] discretion. [23:41.720 --> 23:49.360] Yes, and this is, there has to be a lot of case law on that issue. [23:49.360 --> 23:52.320] Oh yeah. [23:52.320 --> 23:57.000] And one of the things that I said is the summary judgment should have addressed any issues [23:57.000 --> 23:59.600] outstanding that were not encompassed by the federal court. [23:59.600 --> 24:04.360] See, they tried to say that the federal court decision made eight months before an assignment [24:04.360 --> 24:09.800] of mortgage with res judicata on the assignment of mortgage. [24:09.800 --> 24:12.000] Did that get a bar grievance? [24:12.000 --> 24:21.320] No, but it will, that's a part of the, that's part of the criminal complaints too, but that's [24:21.320 --> 24:23.320] going in with them. [24:23.320 --> 24:29.120] Knowing and delivering this characterization for the purpose of unduly influencing the [24:29.120 --> 24:30.120] court. [24:30.120 --> 24:31.120] Yes. [24:31.120 --> 24:35.600] They're going to say, well, that's the court's decision. [24:35.600 --> 24:36.600] The court knew better. [24:36.600 --> 24:37.600] It doesn't make any difference. [24:37.600 --> 24:42.160] It makes no difference what the court does, what the court knows, what it doesn't know. [24:42.160 --> 24:50.600] What difference it makes is what these people did and what they intended. [24:50.600 --> 24:55.040] Whether they actually influenced the court or not is irrelevant. [24:55.040 --> 25:03.400] They never let me admit, once they had this, the party that had this assignment of mortgage [25:03.400 --> 25:12.240] got that five months after I filed the complaint and served it on the original lender. [25:12.240 --> 25:15.600] And they put themselves into the case by precipi. [25:15.600 --> 25:17.880] I never sued them. [25:17.880 --> 25:20.160] I didn't add them to the case. [25:20.160 --> 25:26.280] And they would never let me amend a complaint to address the assignment of mortgage. [25:26.280 --> 25:34.560] And eight days after the case was assigned to a new judge, he came out with opinion. [25:34.560 --> 25:40.760] And I put in the brief, considering the amount of pleadings of all the parties, the decision [25:40.760 --> 25:47.120] and opinion that came eight days after the assignment to this judge, the summary judgment [25:47.120 --> 25:52.400] appeared hastily contrived to get rid of the case, incompletely without standing issues [25:52.400 --> 25:56.600] unresolved, nor could all the pleadings in the case have been considered or understood [25:56.600 --> 25:58.560] in the time taken to review it. [25:58.560 --> 26:04.360] First, he said that my husband had to be an indispensable party to this action to quiet [26:04.360 --> 26:05.360] title. [26:05.360 --> 26:06.360] Guess what? [26:06.360 --> 26:13.360] He never double checked to see what that case was that he was quoting. [26:13.360 --> 26:18.960] And it said, absent Mr. Orman from the party, this action cannot proceed. [26:18.960 --> 26:24.040] And without a quotation of the text, it's difficult to see why he would be a necessary [26:24.040 --> 26:26.440] party for his rights would not be affected. [26:26.440 --> 26:33.520] And upon review of this case, Hartsfield v. Green Glen, the case cited for this decision, [26:33.520 --> 26:39.680] I discovered the opinion in the cited case was exactly the opposite as expounded by the [26:39.680 --> 26:40.680] judge. [26:40.680 --> 26:46.760] The inquiry into whether a party is indispensable to the plaintiff's action must be viewed from [26:46.760 --> 26:50.400] the perspective of protecting the rights of the absent parties. [26:50.400 --> 26:57.360] So they're telling me I can't do something on behalf of my family to take care of a mortgage [26:57.360 --> 27:01.520] and that that's going to ruin my husband's rights? [27:01.520 --> 27:04.840] How has that happened? [27:04.840 --> 27:10.840] This is not the first time we've had someone actually read the case that the other side [27:10.840 --> 27:16.040] cited and find that they cited a case that stated essentially the opposite of what they [27:16.040 --> 27:18.400] claimed. [27:18.400 --> 27:22.080] That should get a motion for sanctions. [27:22.080 --> 27:29.760] And that's something that may actually get sanctions because they lied to the court. [27:29.760 --> 27:37.640] Yes, in the opinion that he put on August the 6th, pursuant to the Pennsylvania Rules [27:37.640 --> 27:42.960] of Appellate Procedure, he said in short, plaintiffs cannot make the mortgage go away. [27:42.960 --> 27:47.040] And that indicated that he did not comprehend that neither the mortgage nor the assignment [27:47.040 --> 27:50.920] carried any value or interest to the recorded party. [27:50.920 --> 27:57.280] Neither the recorded mortgage nor the assignable is now assignable to any party lacking assignment [27:57.280 --> 27:59.320] from 2008. [27:59.320 --> 28:03.120] So he assumed facts, not in evidence. [28:03.120 --> 28:04.120] Exactly. [28:04.120 --> 28:09.160] It says that the original lender disclaims any interest since 2007. [28:09.160 --> 28:16.520] So if they assign a mortgage from them dated 2012, there's no interest there. [28:16.520 --> 28:22.480] They cannot convey any interest if they haven't had an interest in five years, nor, now here's [28:22.480 --> 28:28.100] where I got them, nor did the judge foresee that by not quieting the title, he could be [28:28.100 --> 28:33.280] putting anyone in harm's way of felony criminal charges should that assignment of mortgage [28:33.280 --> 28:37.960] be even used to attempt any beneficial interest in any other court case. [28:37.960 --> 28:41.360] I suck it out there. [28:41.360 --> 28:42.360] Wonderful. [28:42.360 --> 28:43.360] That would... [28:43.360 --> 28:45.360] Right in my brief. [28:45.360 --> 28:53.840] Well, this is how we need to take these on. [28:53.840 --> 28:59.840] You've done a calculation that the vast majority of the people foreclosed on won't fight their [28:59.840 --> 29:06.640] foreclosures and their entire calculation has been about the money. [29:06.640 --> 29:08.560] You are changing the calculation. [29:08.560 --> 29:13.400] How's it going to affect my freedom? [29:13.400 --> 29:19.320] Now the calculation is about the prison time or the ending of careers. [29:19.320 --> 29:21.560] That's a whole different calculation. [29:21.560 --> 29:24.000] Yep. [29:24.000 --> 29:30.840] I will be really be looking forward to how this shakes out. [29:30.840 --> 29:35.240] You have been one that has really hung in there. [29:35.240 --> 29:38.880] You're the reason we do the show. [29:38.880 --> 29:44.640] Every once in a while we come across someone who gets it, picks it up, takes it on and [29:44.640 --> 29:46.240] makes things happen. [29:46.240 --> 29:47.240] Hang on, Ms. Leslie. [29:47.240 --> 29:48.240] Hang on, everyone. [29:48.240 --> 29:50.160] We'll be right back on the other side. [29:50.160 --> 29:53.800] This is Randy Kelton, Deborah Stevens, Vue Laval Radio. [29:53.800 --> 29:57.120] Our call-in number is 512-646-1984. [29:57.120 --> 30:03.280] We'll be right back. [30:03.280 --> 30:07.200] Radiofrequency microchips are often used to track products as they make their way to stores, [30:07.200 --> 30:09.080] but would you want them in your socks? [30:09.080 --> 30:13.880] I'm Dr. Catherine Albrecht, and I'll tell you about the bizarre, privacy-invasive new [30:13.880 --> 30:17.480] product called Smart Socks, next. [30:17.480 --> 30:19.200] Privacy is under attack. 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[32:20.880 --> 32:24.960] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [32:24.960 --> 32:26.360] our rights through due process. [32:26.360 --> 32:30.320] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [32:30.320 --> 32:34.080] most comprehensive teaching tool available that will help you understand what due process [32:34.080 --> 32:36.440] is and how to hold the courts to the rule of law. [32:36.440 --> 32:40.480] You can get your own copy of this invaluable material by going to RuleOfLawRadio.com and [32:40.480 --> 32:41.480] ordering your copy today. [32:41.480 --> 32:45.040] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [32:45.040 --> 32:49.520] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [32:49.520 --> 32:51.840] documents and other useful resource material. [32:51.840 --> 32:55.800] Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com. [32:55.800 --> 33:03.720] Order your copy today and together we can have the free society we all want and deserve. [33:03.720 --> 33:07.120] Free speech radio, LogosRadioNetwork.com. [33:33.720 --> 33:40.720] When you gonna stop abuse your power. [33:40.720 --> 33:46.720] When you gonna stop abuse your power. [33:46.720 --> 33:51.720] When you gonna stop abuse your power. [33:51.720 --> 33:57.720] When you gonna stop abuse your power. [33:57.720 --> 34:02.720] So please Mr. Mackler, teach officers not to abuse the power. [34:02.720 --> 34:08.720] Send a request to the leader, the captain of all officers. [34:08.720 --> 34:11.720] Tell them to uphold the law. [34:11.720 --> 34:13.720] Please don't abuse the power. [34:13.720 --> 34:18.720] The beat and the beat and the beat and the beat and the light every hour. [34:18.720 --> 34:20.720] Okay, we are back. [34:20.720 --> 34:24.720] Randy Kelton, Deborah Stevens, Rule of Law Radio and we're talking to Leslie in Pennsylvania. [34:24.720 --> 34:29.720] Okay, Leslie, is there anything else you wanted to address with us? [34:29.720 --> 34:30.720] Yes. [34:30.720 --> 34:42.720] When they open the default judgment, there's a special rule in there that says I can't appeal that decision until the entire case has been adjudicated. [34:42.720 --> 34:54.720] And when the judge made his opinion for the court of appeals, he put in there, well she didn't appeal it before so she can't appeal it now. [34:54.720 --> 34:59.720] That's how little attention that he paid to what he was doing. [34:59.720 --> 35:08.720] You should move to, did you consider moving to disqualify the judge for incompetence? [35:08.720 --> 35:14.720] That's the point? Well if they, should I put that in my brief? That he should be? [35:14.720 --> 35:18.720] No, it should be a separate recusal motion. [35:18.720 --> 35:30.720] You have a right to a competent jurist in the first instance and he's obviously incompetent because he's making rulings that are in direct contravention to law and the facts. [35:30.720 --> 35:35.720] That's really going to sting the judge. [35:35.720 --> 35:51.720] Yeah, that's something I hadn't considered, but I figured first he, when he did that rule of, that opinion for the appeals court and the first thing he says is well she never made, that was two years ago, she never appealed that decision. [35:51.720 --> 35:54.720] So she can't do it now, that's a moot point. [35:54.720 --> 35:58.720] And then he said my husband had to be as a necessary party. [35:58.720 --> 36:01.720] Both of those things were wrong. [36:01.720 --> 36:05.720] And that was the first two paragraphs. [36:05.720 --> 36:09.720] That should get a challenge to competency. [36:09.720 --> 36:12.720] That goes on his record and it stays there. [36:12.720 --> 36:15.720] He's been a judge since December. [36:15.720 --> 36:17.720] Say that again? [36:17.720 --> 36:22.720] He's only been a judge since January, he just got elected. [36:22.720 --> 36:25.720] Good, that'll hurt his feelings. [36:25.720 --> 36:31.720] Maybe he'll get busy and do some research and learn his business. [36:31.720 --> 36:41.720] Because he's taking these judges at their word, these lawyers at their word that they're giving, you know, good case law and it means the opposite of what he was trying to put along, right? [36:41.720 --> 36:55.720] I told the attorney that's acting as my counsel that I got the feeling from the original decision he gave that he did not look at any of the paperwork past the first one. [36:55.720 --> 36:59.720] The first thing that the defendant put in was all he looked at. [36:59.720 --> 37:02.720] And he copy pasted that and that was his decision. [37:02.720 --> 37:05.720] And I got that opinion and I told him that. [37:05.720 --> 37:07.720] He said nah, he said it just seems that way. [37:07.720 --> 37:14.720] Exactly what he did. He didn't make any decision. He just took the defendant, because it was a bank, and went for it. [37:14.720 --> 37:17.720] Thinking I was going to roll over and play dead. [37:17.720 --> 37:20.720] Exactly. That's exactly what he was thinking. [37:20.720 --> 37:24.720] Now you need to sting him as hard as you can. [37:24.720 --> 37:40.720] I really like, you know, when I say never ask a public official to do anything you actually want them to do, that's because when they do something that they have a specific duty, when they fail to do something they have a duty to do, I get to sting them good. [37:40.720 --> 37:44.720] Can't sting them if they do everything right. [37:44.720 --> 37:57.720] It looks like this judge is a new judge. You may help make him a really good judge and you may well give him some respect for post aid litigants he didn't have before. [37:57.720 --> 38:01.720] They think they're a bunch of crackpots. [38:01.720 --> 38:10.720] Listen, on the, you know, you have to write down the questions that you have that you want to defend, you know, why you think it's wrong. [38:10.720 --> 38:19.720] And I put that the summary judgment wasn't proper, and I gave the things, but I said the answer to a few simple questions could answer this in an action to quiet title. [38:19.720 --> 38:24.720] There's only three questions you have to ask to know whether you need a quiet title. [38:24.720 --> 38:28.720] Does the mortgage hold value to the recorded mortgagee? [38:28.720 --> 38:37.720] Did the assignee of the assignment of mortgage get any interest out of the mortgage that was assigned? [38:37.720 --> 38:44.720] And is there anybody recorded that can assign or satisfy or release the mortgage? That's very basic. [38:44.720 --> 38:49.720] And they didn't even ask those questions. [38:49.720 --> 38:54.720] So what questions did he ask? [38:54.720 --> 38:59.720] He just said, Oh, this is all rest due to caught up at the window. [38:59.720 --> 39:07.720] So what the defendant said, so whatever the defendant said, he just accepted it out of hand. [39:07.720 --> 39:10.720] Yeah, so good. [39:10.720 --> 39:13.720] Now you hammer the judge. [39:13.720 --> 39:20.720] I've always found it most effective to go as high as I can as fast as I can. [39:20.720 --> 39:31.720] And if I can sting the judge and sting him quick, now he finds out I'm going to make this a case that's important to his career. [39:31.720 --> 39:38.720] And one thing you find out is what you do, especially if it makes life difficult for him. [39:38.720 --> 39:42.720] Everybody knows about it. [39:42.720 --> 39:45.720] Everybody finds out very quickly. [39:45.720 --> 39:51.720] Now, where do I file an incompetent speaking? Do I file that with a court of appeals or with the court of comment, please? [39:51.720 --> 39:53.720] You file that with a court of. [39:53.720 --> 39:58.720] Well, if it's a little late. [39:58.720 --> 40:02.720] He's already rendered a final judgment. [40:02.720 --> 40:06.720] It's a little late to recuse him. [40:06.720 --> 40:09.720] Yeah. [40:09.720 --> 40:22.720] I have to think about that. How do we bring out the fact that the judge appeared to be grossly incompetent? [40:22.720 --> 40:25.720] I think I really go through that. [40:25.720 --> 40:28.720] If you look at the thing, I did bring that out. [40:28.720 --> 40:32.720] And I think since I gave you that, I added one more sentence. [40:32.720 --> 40:47.720] And that was regarding the that he never checked to see that the rules of appellate procedure require or prohibit any appeal of an opening of a default judgment until the case is finished. [40:47.720 --> 40:49.720] He never checked with that. [40:49.720 --> 40:54.720] So you brought up the fact that he was obviously incompetent. [40:54.720 --> 40:56.720] Yeah. [40:56.720 --> 41:00.720] You may have done all you needed to. [41:00.720 --> 41:09.720] The judge, if he has read when he reads this, he is going to undoubtedly be embarrassed. [41:09.720 --> 41:32.720] And if the other side has filed a act, filed a motion or pleading that contained faulty case law in it, you should ask the judge to grant to impose sanctions against these lawyers for filing a bad case law. [41:32.720 --> 41:37.720] This is one of the things that will get a lawyer hammered quick and about anything else. [41:37.720 --> 41:45.720] And it gives the judge a way to punish the lawyer for putting him in this position. [41:45.720 --> 41:49.720] Now that the case is in the court of appeals, is it too late to do that, to file? [41:49.720 --> 41:50.720] Yeah. [41:50.720 --> 41:54.720] You can still file for sanctions. [41:54.720 --> 41:56.720] You can get around. [41:56.720 --> 41:57.720] Okay. [41:57.720 --> 41:58.720] I said that. [41:58.720 --> 41:59.720] I'm not sure. [41:59.720 --> 42:00.720] That is a good question. [42:00.720 --> 42:05.720] Because essentially the trial court has lost jurisdiction. [42:05.720 --> 42:08.720] So you might ask the court of appeals for sanctions. [42:08.720 --> 42:17.720] And if this is a new judge, you have to understand the court of appeals, they want to train these judges and lawyers both. [42:17.720 --> 42:19.720] They want to bring them along. [42:19.720 --> 42:21.720] So you got a new judge in office. [42:21.720 --> 42:22.720] He's going to be in office a while. [42:22.720 --> 42:23.720] They're going to want to train him. [42:23.720 --> 42:27.720] They're not going to want to sting him real bad. [42:27.720 --> 42:28.720] Right. [42:28.720 --> 42:39.720] So one way to let him know that what these lawyers did set him up for a problem is for them to sanction him, the lawyers. [42:39.720 --> 42:44.720] And use that to kind of cover for the judge. [42:44.720 --> 42:47.720] It's all politics. [42:47.720 --> 42:52.720] Do I file a motion or do I let the court just do it when they read the brief? [42:52.720 --> 43:04.720] You should file a motion in the court of appeals for sanctions against these counsel for presenting bad case law to the trial judge. [43:04.720 --> 43:05.720] Okay. [43:05.720 --> 43:10.720] Misleading the court with bad case law. [43:10.720 --> 43:21.720] Because all of these judges have done the same thing this judge did in that a lawyer presented them with case law. [43:21.720 --> 43:26.720] And they didn't go in there and read every case meticulously. [43:26.720 --> 43:33.720] They trusted that what the lawyer gave them was well vetted case law. [43:33.720 --> 43:35.720] So they accepted what they said. [43:35.720 --> 43:39.720] Now it comes back and the judge gets stung by it. [43:39.720 --> 43:43.720] Then the lawyer is the one that really should get hammered. [43:43.720 --> 43:44.720] Okay. [43:44.720 --> 43:45.720] Hang on. [43:45.720 --> 43:54.720] We'll be right back. [44:15.720 --> 44:25.720] We'll be right back. [44:45.720 --> 45:00.720] And our products. [45:00.720 --> 45:03.720] Are you the plaintiff or defendant in a lawsuit? [45:03.720 --> 45:15.720] Win your case without an attorney with Jurisdictionary, the affordable, easy to understand 4CD course that will show you how in 24 hours, step by step. [45:15.720 --> 45:18.720] If you have a lawyer, know what your lawyer should be doing. [45:18.720 --> 45:22.720] If you don't have a lawyer, know what you should do for yourself. [45:22.720 --> 45:27.720] Thousands have won with our step by step course and now you can too. [45:27.720 --> 45:34.720] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience. [45:34.720 --> 45:43.720] 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. [45:43.720 --> 45:52.720] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more. [45:52.720 --> 46:15.720] Please visit RuleOfLawRadio.com and click on the banner or call toll free 866-LAW-EASY. [46:15.720 --> 46:22.720] We are back, Randy Kelton, Deborah Stevens with our radio and we're talking to Leslie in Pennsylvania. [46:22.720 --> 46:33.720] And yeah, one thing that's evolving with me is the idea of the political side of everything we're doing. [46:33.720 --> 46:48.720] The more I work with these people, the more clear it becomes that everything is political and we get really caught up in the details of law to the point that we forget about the politics. [46:48.720 --> 47:04.720] And in the end it is the politics that will have the greatest effect and if we can anticipate the politics and then imply the political solution without stating it directly. [47:04.720 --> 47:18.720] If the court of appeals is reading this and saying, man, I don't believe these jerks did this to this new judge, and then you suggest to them by asking them to impose sanctions. [47:18.720 --> 47:29.720] Maybe you might get them to find that as a viable solution to teach these lawyers not to do that to their new judge again. [47:29.720 --> 47:40.720] Yeah. I have another question. In the list, I had a summary of interlocutory judgment that I put in and he obviously did not read that. [47:40.720 --> 47:48.720] Because isn't there something that a judge has to do if he sees a crime has been committed, doesn't he have to report that to somebody? [47:48.720 --> 47:50.720] That's the way I read it. [47:50.720 --> 47:52.720] The court system. [47:52.720 --> 47:55.720] Okay. Were any of these felonies? [47:55.720 --> 47:57.720] Yeah, they were felonies. Okay. [47:57.720 --> 47:58.720] Yeah. [47:58.720 --> 48:03.720] In Texas, we have a statute 38.171. [48:03.720 --> 48:09.720] And it said it reflects 18 US Code 4. [48:09.720 --> 48:12.720] This prison of felony. [48:12.720 --> 48:21.720] If you observe a misdemeanor being committed, you have no legal duty to report it. [48:21.720 --> 48:29.720] But if you have knowledge that a felony has been committed, you commit a crime if you don't report it. [48:29.720 --> 48:32.720] In the Fed, it's misprisoned a felony. [48:32.720 --> 48:38.720] And in the state, in the state of Texas, it's a class A misdemeanor. [48:38.720 --> 48:47.720] So you almost certainly have a version of that requirement. [48:47.720 --> 49:09.720] So the way I read the code, the way you read misprisoned a felony and 38.171 in Texas is it says that if anyone has knowledge of a felony and doesn't report it, it doesn't say anyone who is not an appellate court judge. [49:09.720 --> 49:30.720] So if I happen to be in a particular profession to where evidence of a crime comes to my knowledge in the course of me exercising my duties in my profession, [49:30.720 --> 49:41.720] am I somehow absolved from reporting that because I came across it at work? [49:41.720 --> 49:55.720] I'm trying to anticipate the response or the defense the court of appeals would have or the judge who heard this case would have. [49:55.720 --> 49:57.720] How would you argue against that? [49:57.720 --> 50:00.720] Oh, I was being a judge. [50:00.720 --> 50:07.720] And while I'm being a judge, well, I don't have to follow all of these other laws. [50:07.720 --> 50:09.720] Where did you get that, Bubba? [50:09.720 --> 50:24.720] This is when I told the police, you know, when I was before my prosecuting attorney, I told him that, you know, when the officer refused to file the complaint, he said he had talked to you and you had advised him not to. [50:24.720 --> 50:31.720] And I told him, I don't care what the prosecutor advised you to do. [50:31.720 --> 50:37.720] I only care what the code commands you to do. [50:37.720 --> 50:45.720] So, Mr. Court of Appeals, I don't care what your job is. [50:45.720 --> 50:55.720] I don't care if in the process of you doing your job, evidence comes to you that gives you notice that a client's been committed. [50:55.720 --> 51:02.720] I don't see how that absolves you from doing your statutory duty. [51:02.720 --> 51:03.720] Okay. [51:03.720 --> 51:05.720] Now, I have a question about these lawyers. [51:05.720 --> 51:11.720] This one lawyer down in Philly, very famous lawyer. [51:11.720 --> 51:18.720] He was representing Fannie Mae, MERS, and City Mortgage in a case. [51:18.720 --> 51:23.720] And he was stating that Fannie Mae owns this mortgage. [51:23.720 --> 51:36.720] And then he sees the assignment of mortgage from another bank to City Mortgage, the same mortgage that Fannie Mae owns. [51:36.720 --> 51:46.720] And Fannie Mae is still saying they own the mortgage, and then they put that assignment of mortgage as honest to God truth into the court. [51:46.720 --> 51:52.720] So they've made two statements that are mutually exclusive. [51:52.720 --> 51:55.720] If one is true, the other cannot be true. [51:55.720 --> 51:57.720] Exactly. [51:57.720 --> 52:02.720] In perjury, you do not have to prove which statement was perjurious. [52:02.720 --> 52:19.720] So long as both statements are material, and the one statement is mutually exclusive of the other statement, such that for one to be true, the other had to be not true, that is all you have to show. [52:19.720 --> 52:21.720] Okay. [52:21.720 --> 52:25.720] It'd be hard for them to dance around that. [52:25.720 --> 52:36.720] On the issue, this is something I've been working with, sometimes it's hard to tell when you've skipped over something. [52:36.720 --> 52:56.720] We have someone here in Austin that they had a mortgage with a bank, the bank went out of business, and then Fannie Mae apparently picked it up, or FDIC picked it up, and transferred it to this Plains Capital. [52:56.720 --> 53:01.720] Well, I looked in the record, and I didn't see any of that stuff. [53:01.720 --> 53:15.720] So it appears as though it would be inappropriate to even mention them, because there's nothing in the record that says they have any power to do anything. [53:15.720 --> 53:32.720] The only thing the client actually knows is some lawyer sent them a letter, and in that letter, he made certain accusations and assertions. [53:32.720 --> 53:38.720] He made assertions of agency standing and capacity for Plains Capital. [53:38.720 --> 53:47.720] He stated that Plains Capital was the holder of the note that they received it from the FDIC. [53:47.720 --> 53:50.720] We don't know if that happened or not. [53:50.720 --> 53:56.720] What we do know is the lawyer wrote this letter and put this in the letter. [53:56.720 --> 54:03.720] The FDIC and Plains Capital may have absolutely nothing to do with anything. [54:03.720 --> 54:07.720] For all we know, it's just this lawyer. [54:07.720 --> 54:22.720] Have you looked real careful at your case to be certain about what you actually know as opposed to what you assume and presume? [54:22.720 --> 54:33.720] Because when you do that, then you go back to the lawyer, the one who signed the document, and you don't skip over the part about who the heck are you, [54:33.720 --> 54:47.720] and did the lender you're claiming has standing actually hire you to do this, or are you doing this on your own? [54:47.720 --> 54:59.720] While you're writing these, before you make a claim, say against one of the lenders or one of the alleged principals, [54:59.720 --> 55:05.720] you might look real close at how you know that person is a principal. [55:05.720 --> 55:17.720] And did the principal initiate this himself, or did somebody else do it for him, or alleged to do it for him? [55:17.720 --> 55:23.720] In my case, it's a MERS mortgage, and I have a copy of the NIN summary and milestone. [55:23.720 --> 55:29.720] And it states all three parties as owner and somehow in the chain of command. [55:29.720 --> 55:34.720] Okay. Hold on. Hold on. Wrong place. [55:34.720 --> 55:39.720] What does it say in the public record? [55:39.720 --> 55:41.720] Only the original lender. [55:41.720 --> 55:51.720] Okay. I stood in front of a JP and I said, your honor, this lawyer came here with a claim that he had a substitute trustees to. [55:51.720 --> 55:58.720] Well, I looked in the public record and there is no substitute trustees to be filed in the public record. [55:58.720 --> 56:02.720] Well, Mr. Galton, I have one right here. Yes, your honor, you do. [56:02.720 --> 56:06.720] But you can't see that. [56:06.720 --> 56:18.720] You can't see that because it's not properly filed in the public record and therefore cannot be before this court. [56:18.720 --> 56:29.720] Very important that we remember any claim not properly filed in the record is void as to the holder. [56:29.720 --> 56:46.720] So for you to address their claim without first saying, the court can't see anything from these people because their claims are not filed in the record. [56:46.720 --> 56:49.720] We don't want to waive that. [56:49.720 --> 56:50.720] Right. [56:50.720 --> 56:54.720] I'm relatively sure you've already done that. [56:54.720 --> 56:56.720] Yeah, yeah, yeah, yeah. [56:56.720 --> 57:02.720] I said these claims are not recorded and they have no interest in the mortgage because it's not recorded. [57:02.720 --> 57:07.720] Every time they mention one of them, it should get an objection. [57:07.720 --> 57:08.720] Right. [57:08.720 --> 57:12.720] The first issue that are not before the court. [57:12.720 --> 57:15.720] And that's really for everybody else listening. [57:15.720 --> 57:20.720] I think Leslie knows a whole lot more about mortgage and foreclosure fraud than I do. [57:20.720 --> 57:21.720] That's really nice. [57:21.720 --> 57:24.720] I like that. [57:24.720 --> 57:37.720] But when we start a case, this is it's one of intuitively the harder things to do is not stipulate to anything. [57:37.720 --> 57:40.720] One of the rules never stipulate to anything. [57:40.720 --> 57:51.720] And it's easy to say that it's a whole lot harder to actually do that because you have to look real close at what you're referencing. [57:51.720 --> 58:02.720] And Leslie's case is a good example of acting of individuals acting under unstated presuppositions. [58:02.720 --> 58:10.720] The court is acting under presumptions that certain things are facts when there are no such thing. [58:10.720 --> 58:16.720] And for in law, when you're doing legal matters, it's really important. [58:16.720 --> 58:23.720] Every proactive statement of fact must be proven by some documentation. [58:23.720 --> 58:29.720] They say it don't mean squat until they proved it up. [58:29.720 --> 58:34.720] OK. Do you have more you want to address, Leslie? [58:34.720 --> 58:37.720] I think that about does it for tonight. [58:37.720 --> 58:40.720] Well, that was wonderful. Thank you, Leslie. [58:40.720 --> 58:43.720] And when we come back, we're going to go to Danny in Tennessee. [58:43.720 --> 58:46.720] This is Randy Kelton, Deborah Stevens, Rule Law Radio. [58:46.720 --> 59:13.720] We'll be right back. [59:16.720 --> 59:26.720] We'll be right back. [59:46.720 --> 01:00:02.720] You're listening to the Logos Radio Network at LogosRadioNetwork.com. [01:00:02.720 --> 01:00:23.720] This is the Liberty Beat, your daily source for Liberty News and activist updates online at thelibertybeat.com. [01:00:32.720 --> 01:00:36.720] Or by phone, 800-874-9760. [01:00:36.720 --> 01:00:45.720] In the news, last year, several individuals were arrested across the globe in the massive government takedown of Silk Road, a Bitcoin-based online black market. [01:00:45.720 --> 01:00:49.720] One of the website's alleged administrators has been held on house arrest since last December. [01:00:49.720 --> 01:00:58.720] His name is Andrew Michael Jones of Virginia, and his parents paid the $1 million bond to keep him out of a cage while he waits a trial. [01:00:58.720 --> 01:01:00.720] His next hearing is in September. [01:01:00.720 --> 01:01:09.720] Freekeen.com reports that Andrew is a participant in the Free State Project, a movement to migrate 20,000 Liberty-minded people to the state of New Hampshire. [01:01:09.720 --> 01:01:14.720] His mother and fiancé have created a fundraising website asking for help with his defense. [01:01:14.720 --> 01:01:19.720] Learn more at drewdefense.org. [01:01:19.720 --> 01:01:28.720] Yesterday, we reported on the American journalist Jim Foley, who was beheaded by ISIS, the Islamic group seeking to create a theocratic state in Syria and Iraq. [01:01:28.720 --> 01:01:35.720] President Obama, who was called out in the video, had the opportunity to respond, taking a break from his vacation at Martha's Vineyard. [01:01:35.720 --> 01:01:45.720] The president was quick to condemn the acts, telling media at a press conference that no just God would stand for what they did and for what they do every single day. [01:01:45.720 --> 01:01:53.720] Speaking of ISIS, he said they have rampaged across cities and villages, killing innocent unarmed civilians in cowardly acts of violence. [01:01:53.720 --> 01:02:01.720] It's likely the beheading will lead to ramped-up military strikes against ISIS targets in Iraq. [01:02:01.720 --> 01:02:12.720] The Obama administration is promising to make changes to the controversial no-fly list after a federal judge recently ruled defendants had no meaningful way to challenge the designation. [01:02:12.720 --> 01:02:19.720] The Justice Department has promised to change the rules regarding the list sometime in the next six months. [01:02:19.720 --> 01:02:23.720] The government has not released any details on specific changes. [01:02:23.720 --> 01:02:29.720] Earlier this summer, an unknown whistleblower gave The Intercept new details on the way the no-fly list worked. [01:02:29.720 --> 01:02:34.720] Support for the Liberty Week comes from Brave New Books, your local source for all things Bitcoin, [01:02:34.720 --> 01:02:41.720] now hosting a Bitcoin ATM located in Austin, Texas, 1904 Guadalupe Street, or online, bravenewbookstore.com. [01:02:41.720 --> 01:02:47.720] And support comes from the notorious activist Michael Cargill, who has a new show called Come and Talk It, [01:02:47.720 --> 01:02:51.720] five Sunday afternoons at 4 o'clock on 1370 a.m. in Austin. [01:02:51.720 --> 01:02:58.720] This is the Liberty Beat for Thursday, August 21st, 2014. Check out the website at thelibertybeat.com. [01:02:58.720 --> 01:03:14.720] OK, we are back. [01:03:14.720 --> 01:03:18.720] Greg Kelton, Dennis Williams, David Zellweil. [01:03:18.720 --> 01:03:23.720] I started talking too fast. I'm supposed to wait for the bumpers to pay down. [01:03:23.720 --> 01:03:31.720] I'll get it here in a minute. I've only been doing this about six or seven years, so I'm still getting broke in good. [01:03:31.720 --> 01:03:37.720] OK, we are back and we're going to go to Danny in Tennessee. [01:03:37.720 --> 01:03:40.720] Hello, Mr. Danny. [01:03:40.720 --> 01:03:42.720] Hi, how are you doing tonight? [01:03:42.720 --> 01:03:46.720] I'm doing good. What do you have for us tonight? [01:03:46.720 --> 01:03:54.720] Well, last Friday, we'd started on some things about the procedures and the code of criminal procedures, [01:03:54.720 --> 01:04:01.720] you know, like for a misdemeanor ticket or anything, and leading to some pretty heavy documents. [01:04:01.720 --> 01:04:06.720] Yes, and there was something I wanted to address. [01:04:06.720 --> 01:04:15.720] I was building my questionnaires where I'm taking the codes and changing them into questionnaires. [01:04:15.720 --> 01:04:21.720] And I've lost where I found it. I think it was in Chapter 14. [01:04:21.720 --> 01:04:33.720] One of them said that you had a right to an examining trial before indictments. [01:04:33.720 --> 01:04:37.720] Do you recall where that's at? [01:04:37.720 --> 01:04:40.720] No, that's not one of the things that I've picked up on. [01:04:40.720 --> 01:04:46.720] OK. It was just one of the questions that's been pressing on me. [01:04:46.720 --> 01:04:49.720] When I came across it, I almost dropped my lunch. [01:04:49.720 --> 01:04:55.720] I couldn't believe what I was looking at, that all of these pieces. [01:04:55.720 --> 01:05:04.720] I have a couple of people I'm preparing a presentation on due process for, [01:05:04.720 --> 01:05:10.720] and I'm trying to get all these pieces very accurately stitched together. [01:05:10.720 --> 01:05:13.720] And while I'm talking, I'm looking to Chapter 14. [01:05:13.720 --> 01:05:16.720] OK, go ahead with what you wanted to address. [01:05:16.720 --> 01:05:18.720] I interrupted. [01:05:18.720 --> 01:05:21.720] Well, I don't quite remember just where we got last week, [01:05:21.720 --> 01:05:26.720] but you know, you cycle through the whole thing the way I've gotten that document, [01:05:26.720 --> 01:05:33.720] and I sent this to you again tonight about 7.30 in your Rube Law email. [01:05:33.720 --> 01:05:36.720] You need to pull these up again. [01:05:36.720 --> 01:05:49.720] But part of what got me into this was helping a guy with city kind of put nuisance abatement on him, [01:05:49.720 --> 01:05:54.720] and he got a summons to the municipal court. [01:05:54.720 --> 01:06:05.720] So, you know, based on that and Chapter 15, I think it's 15.03, has about a man's summons to court. [01:06:05.720 --> 01:06:10.720] And so, you know, he was complaining some about them not doing the other things in there, [01:06:10.720 --> 01:06:17.720] about not following the procedures in Chapter 15, and the judge told him they weren't using Chapter 15. [01:06:17.720 --> 01:06:21.720] And so he told me that, and I said, oh, really, well, let me go look. [01:06:21.720 --> 01:06:26.720] I'll go searching through where all does it have about being summoned to court. [01:06:26.720 --> 01:06:37.720] Well, it's 15.03, and in 17A.03, well, Chapter 17A has to do with corporations and associations. [01:06:37.720 --> 01:06:46.720] And I had come up on that several years ago when searching for the definition of person in the procedure, [01:06:46.720 --> 01:06:50.720] and that's in Chapter 17A, the only place it occurs. [01:06:50.720 --> 01:07:07.720] And what it has there is that a person, he, him, is a corporation or association, [01:07:07.720 --> 01:07:12.720] and that's the only place person is defined in the Code of Crown Procedure. [01:07:12.720 --> 01:07:17.720] Wait a minute, did you say person, he, him? [01:07:17.720 --> 01:07:19.720] Yeah, person, he, him. [01:07:19.720 --> 01:07:20.720] Okay, person, he, him. [01:07:20.720 --> 01:07:25.720] So a person referred to as he or him. [01:07:25.720 --> 01:07:27.720] Am I taking that right? [01:07:27.720 --> 01:07:37.720] A noun person, the noun he, the pronoun he, the pronoun him means corporation or association. [01:07:37.720 --> 01:07:43.720] Okay, I just wanted to make sure that I was interpreting that right. [01:07:43.720 --> 01:07:46.720] Okay, go ahead. [01:07:46.720 --> 01:07:51.720] And so, you know, I've been through that for several years. [01:07:51.720 --> 01:07:55.720] I never did go read through all the procedures there. [01:07:55.720 --> 01:08:03.720] Well, after he had told me that, I actually find out where the help has been summoned to the court, [01:08:03.720 --> 01:08:08.720] and 15.03 and 17A.03. [01:08:08.720 --> 01:08:16.720] So after that, then I go through reading the procedures in 17A more, and you read that down there, [01:08:16.720 --> 01:08:24.720] it sounds just like what they have us do your first time in the court is arraignment and to enter a plea. [01:08:24.720 --> 01:08:29.720] It's not all these other steps beforehand that we've been discussing. [01:08:29.720 --> 01:08:31.720] Okay, hold on, hold on. [01:08:31.720 --> 01:08:36.720] Let's, I want to correct this, make sure we're correct on this part. [01:08:36.720 --> 01:08:41.720] The first thing in the court is an arraignment. [01:08:41.720 --> 01:08:49.720] But you don't, the first time you go before a judge, that's not an arraignment. [01:08:49.720 --> 01:08:53.720] You go before a magistrate for an examining trial, [01:08:53.720 --> 01:09:02.720] and once the magistrate at the examining trial has found probable cause and issued an order under 16.17, [01:09:02.720 --> 01:09:12.720] then under 17.30 he forwards the documentation to the clerk of the court of jurisdiction, [01:09:12.720 --> 01:09:20.720] then that court can hold an arraignment, and an arraignment in Texas law is a hearing for the purpose [01:09:20.720 --> 01:09:26.720] of determining the identity of the accused and taking a plea. [01:09:26.720 --> 01:09:35.720] And they can only do that once the court has jurisdiction by way of a finding of probable cause by a magistrate. [01:09:35.720 --> 01:09:38.720] Does that make sense, Danny? [01:09:38.720 --> 01:09:49.720] And I wasn't sure if you were starting assuming that an examining trial had already been held in saying the arraignment. [01:09:49.720 --> 01:09:51.720] Was I correct in that or did you miss? [01:09:51.720 --> 01:09:59.720] Well, no, I'm just saying that's what we observe happening, and it seemed to be what that describes. [01:09:59.720 --> 01:10:12.720] And the way I read that, 17.30 didn't say the clerk, it said the clerk of the proper court, not with the clerk of the jurisdiction. [01:10:12.720 --> 01:10:21.720] Well, proper court, the only clerk that can be a proper court is the one with jurisdiction. [01:10:21.720 --> 01:10:25.720] I don't see how we could interpret that any other way. [01:10:25.720 --> 01:10:27.720] For trial, you mean? [01:10:27.720 --> 01:10:30.720] Yeah, the trial court. [01:10:30.720 --> 01:10:38.720] Okay, well, also there's these procedures for an indictment for a misdemeanor, [01:10:38.720 --> 01:10:45.720] and so we have to go to the district clerk first before we go to the court that has jurisdiction for trial. [01:10:45.720 --> 01:10:52.720] Right, and after we talked last week, I've been working through the codes, turning them into questionnaires, [01:10:52.720 --> 01:10:57.720] so that causes me to look at them very closely. [01:10:57.720 --> 01:11:01.720] And when you look at the codes very closely, [01:11:01.720 --> 01:11:11.720] the codes are absolutely set up with the presupposition that there will be an indictment even for misdemeanors. [01:11:11.720 --> 01:11:16.720] The code I mentioned earlier, the one that stood out to me, [01:11:16.720 --> 01:11:25.720] that said that a person had a right to an examining trial prior to indictment, [01:11:25.720 --> 01:11:28.720] and that fit perfectly. [01:11:28.720 --> 01:11:31.720] Look at Governor Perry. [01:11:31.720 --> 01:11:36.720] He never had an examining trial prior to indictment. [01:11:36.720 --> 01:11:41.720] And it says, and the code says that before they can issue, well, what is it they can't do? [01:11:41.720 --> 01:11:54.720] Oh, the grand jury cannot present a true bill to the court until the person has been arrested. [01:11:54.720 --> 01:12:02.720] That's because he has a right to an examining trial prior to indictment. [01:12:02.720 --> 01:12:04.720] That's the exact reason that's in there. [01:12:04.720 --> 01:12:10.720] Otherwise, why would they prohibit the grand jury from presenting an indictment? [01:12:10.720 --> 01:12:15.720] So here was Governor Perry that just presented the indictment. [01:12:15.720 --> 01:12:21.720] Never was an examining trial. [01:12:21.720 --> 01:12:25.720] Does that make sense? [01:12:25.720 --> 01:12:28.720] Well, I couldn't help Tom DeLay. [01:12:28.720 --> 01:12:37.720] I went into the courtroom before court started and walked up to Tom DeLay and handed him the habeas. [01:12:37.720 --> 01:12:47.720] Mr. DeLay, I filed this in your case because your, I can't tell you what I told him, attorney refused to. [01:12:47.720 --> 01:12:49.720] Handed it to him. [01:12:49.720 --> 01:12:58.720] And then when they picked the jury, went out to lunch, came back from lunch, judges talking to the jury, I stood up in the courtroom and said, [01:12:58.720 --> 01:13:06.720] Your Honor, my name is Randall Kelk and I have business with this court that supersedes any business now before this court. [01:13:06.720 --> 01:13:08.720] Yeah, that one with the habeas. [01:13:08.720 --> 01:13:12.720] And with all that, they threw me out of the courtroom. [01:13:12.720 --> 01:13:16.720] Tom DeLay wouldn't force his lawyer to act on it. [01:13:16.720 --> 01:13:21.720] So I don't think I could help the governor. [01:13:21.720 --> 01:13:25.720] Because he's going to listen to these lawyers, even if the lawyer is getting convicted. [01:13:25.720 --> 01:13:27.720] And look what happened to Tom DeLay. [01:13:27.720 --> 01:13:33.720] He gets convicted and they throw the whole thing out for lack of evidence. [01:13:33.720 --> 01:13:35.720] That was so crazy. [01:13:35.720 --> 01:13:37.720] They ruined his life. [01:13:37.720 --> 01:13:40.720] And he wouldn't fight. [01:13:40.720 --> 01:13:48.720] They tried to ruin the governor's life and he's not fighting these improper procedures. [01:13:48.720 --> 01:13:51.720] Makes me nuts. [01:13:51.720 --> 01:13:59.720] Of all people you think that might stand up and fight to be the governor of the state, Mr. X fighter pilot, what is your problem? [01:13:59.720 --> 01:14:02.720] Anyway. [01:14:02.720 --> 01:14:06.720] Am I ranting? [01:14:06.720 --> 01:14:10.720] Oh my, it didn't sound too bad. [01:14:10.720 --> 01:14:25.720] They haven't read this code. I just talked to my district attorney today and told him, you know, if you read this code, man, these pieces really fit together well. [01:14:25.720 --> 01:14:31.720] So well that if you take one out, everything looks really confusing. [01:14:31.720 --> 01:14:35.720] And everything starts bumping into each other. [01:14:35.720 --> 01:14:42.720] If you put all the pieces back in, everything works really smoothly and straightforward. [01:14:42.720 --> 01:14:53.720] Rest him, take him to the magistrate or go to the magistrate, get a warrant and summon him. [01:14:53.720 --> 01:14:56.720] They did issue a summons for him. [01:14:56.720 --> 01:15:10.720] You come before the court, issue an order under 1617, seal all that stuff, send it to the clerk, the clerk gives it to the grand jury. [01:15:10.720 --> 01:15:16.720] Then the grand jury can hold their hearing on the indictment, but not before. [01:15:16.720 --> 01:15:20.720] And they just jump right around that. [01:15:20.720 --> 01:15:29.720] And then now the grand jury has got an indictment in their hand, but they're forbidden to give it to the court because they skipped that part. [01:15:29.720 --> 01:15:41.720] So when I go to them and read this section that says that the grand jury can't present an indictment until the person's been arrested, the prosecutor gets this confused look on his face. [01:15:41.720 --> 01:15:56.720] They say, well, you shouldn't be confused about that. That fits. I should go back here to where he's required to go before the magistrate, the magistrate issues paperwork, the paperwork goes to the clerk, from the clerk to the grand jury. [01:15:56.720 --> 01:16:00.720] This all fits together just like it should. Then nothing looks confusing. [01:16:00.720 --> 01:16:12.720] Now, when you see this prohibition, it's understandable why it's there because the guy has a right to an examining trial before they can present it. [01:16:12.720 --> 01:16:17.720] It doesn't say you can't present the case to the grand jury first. [01:16:17.720 --> 01:16:24.720] You can get the indictment, but you've got to hold it until this due process part's been handled. [01:16:24.720 --> 01:16:33.720] And I interrupted you. Let's go back. You were talking about Corporation 17A. I've never read 17A. [01:16:33.720 --> 01:16:36.720] Well, I got another thing kind of related to that. [01:16:36.720 --> 01:16:45.720] Okay. When we come back on the other side, I'd like you to kind of bring me up to speed on 17A because I'm really not familiar with it. [01:16:45.720 --> 01:16:54.720] Okay. Hang on. This is Randy Kelton. Deborah Stevens. We were on radio. I called in number 512646 1984. [01:16:54.720 --> 01:17:16.720] If you've criticized or straightened us out, give us a call. We'll be right back. [01:17:25.720 --> 01:17:27.720] You can pick yours up at Brave New Books. [01:17:27.720 --> 01:17:32.720] If that wasn't enough, Dr. Griffin Cole DDS, who's been featured on the Alex Jones show, loves it too. 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We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson. [01:18:51.720 --> 01:18:54.720] We're open Monday through Friday 10 to 6, Saturdays 10 to 2. [01:18:54.720 --> 01:19:14.720] Visit us at CapitalCoinAndBullion.com or call 512-646-6440. [01:19:14.720 --> 01:19:43.720] Hey, we are back. [01:19:43.720 --> 01:19:47.720] Brenda Kelton, Deborah Stevens. Here's our radio. [01:19:47.720 --> 01:19:54.720] I called in number. 512-646-1984. Give us a call if you have a question or comment. [01:19:54.720 --> 01:19:58.720] We are talking to Danny in Texas. [01:19:58.720 --> 01:20:05.720] Okay. 17A. Kind of bring me up to speed. I got it here in front of me. [01:20:05.720 --> 01:20:13.720] But I've never actually read it, because it was one of those issues that hadn't come up. [01:20:13.720 --> 01:20:25.720] But in what you're saying, I probably should have, because any time I'm dealing with a municipality, I'll probably be into Chapter 17. Is that right, Danny? [01:20:25.720 --> 01:20:35.720] Well, 17A. Yeah. I'm sorry. 17A. 17 is essentially bail. [01:20:35.720 --> 01:20:38.720] Yeah. [01:20:38.720 --> 01:20:53.720] Anyway, something else I think is related to this that I was researching into the definition of person in different places in the Penal Code and the Code of Crown Procedure and different things. [01:20:53.720 --> 01:21:02.720] And I came across this amendment to the Code of Crown Procedure that's kind of related to this. [01:21:02.720 --> 01:21:09.720] And that's the document that you look at the last email I sent you tonight. [01:21:09.720 --> 01:21:14.720] You know, history of the person in the Code of Crown Procedure. [01:21:14.720 --> 01:21:18.720] And not very long. I'm going to read it here. [01:21:18.720 --> 01:21:26.720] It says, when the current Code of Crown Procedure was adopted in 1965, it lacked an explicit definition of person. [01:21:26.720 --> 01:21:35.720] But Article 3.01, words and phrases, stated, all words, phrases, and terms used in this code are to be taken and understood in their usual [01:21:35.720 --> 01:21:48.720] acceptation in common language, except for especially defined and, unless herein especially accepted, have the meaning which is given to them in the Penal Code. [01:21:48.720 --> 01:21:51.720] And go check the Penal Code. [01:21:51.720 --> 01:21:58.720] At the time that I was looking at it then, person means an individual, corporation, or association. [01:21:58.720 --> 01:22:02.720] And individual means a human being who has been born and is alive. [01:22:02.720 --> 01:22:08.720] So, probably that means, you know, us here, if they do that. [01:22:08.720 --> 01:22:19.720] But then, Chapter 17a was, let's see. [01:22:19.720 --> 01:22:29.720] Person, he, and him, include corporation and association. [01:22:29.720 --> 01:22:47.720] So, for the purpose of Chapter 17a, in Chapter 17a, Corporations and Associations, when they use the term person, they are referring to a corporation or association. [01:22:47.720 --> 01:22:54.720] Read the top line of that section there. [01:22:54.720 --> 01:23:06.720] This chapter sets out some of the procedural rules applicable to the criminal responsibility of corporations and associations who are not in conflict with this chapter. [01:23:06.720 --> 01:23:11.720] The other chapters of this code apply to corporations and associations. [01:23:11.720 --> 01:23:22.720] In this code, unless the context requires different definition, agent means, association means, high managerial, agent means, and person means. [01:23:22.720 --> 01:23:32.720] But this definition of person is peculiar to Chapter 17a and Chapter 17a only. [01:23:32.720 --> 01:23:36.720] That's not what it says. It says, in this code. [01:23:36.720 --> 01:23:50.720] It says, this chapter sets out some of the procedural rules applicable to the criminal responsibility of corporations and associations who are not in conflict with this chapter. [01:23:50.720 --> 01:23:55.720] The other chapters of this code apply to corporations and associations. [01:23:55.720 --> 01:24:08.720] In this code, unless the context requires a different definition, person, he, and him, include corporation and association. [01:24:08.720 --> 01:24:21.720] So that clearly stipulates that corporation and association as a definition of person only applies to Chapter 17a. [01:24:21.720 --> 01:24:26.720] That's not what it says. It says, in this chapter, in this code. [01:24:26.720 --> 01:24:27.720] That's exactly what it says. [01:24:27.720 --> 01:24:30.720] In this code, not in this chapter, in this code. [01:24:30.720 --> 01:24:39.720] Okay, hold on, okay. [01:24:39.720 --> 01:24:47.720] This chapter sets out some of the procedural rules of applications who are not in conflict with this chapter. [01:24:47.720 --> 01:24:52.720] The other chapters of this code apply to corporations and associations. [01:24:52.720 --> 01:24:59.720] In this code, this code, not the entire penal code. [01:24:59.720 --> 01:25:08.720] I don't see how you can take in this code and apply it to the entire code. [01:25:08.720 --> 01:25:11.720] Because that is the code. What else is the code? [01:25:11.720 --> 01:25:20.720] You will make, the English language is not capable of doing what you're, unless they really, really spread this out. [01:25:20.720 --> 01:25:30.720] They were very specific in saying that, okay, you're trying to split that code word and say, [01:25:30.720 --> 01:25:37.720] where everything in this is stipulating to this particular portion of the code, [01:25:37.720 --> 01:25:46.720] and because they used this code and not this, not in Chapter 17a of the Texas Penal Code, [01:25:46.720 --> 01:25:50.720] you're taking that to mean the entire code. [01:25:50.720 --> 01:25:57.720] Would you just mean the entire penal code or the entire codified law? [01:25:57.720 --> 01:26:01.720] Where do we stop expanding the definition? [01:26:01.720 --> 01:26:07.720] Code of criminal procedure. [01:26:07.720 --> 01:26:11.720] Why not the penal code? [01:26:11.720 --> 01:26:14.720] It's part of the code. [01:26:14.720 --> 01:26:17.720] So now you're saying that because that's here, [01:26:17.720 --> 01:26:26.720] if there is a definition anywhere in the code of criminal procedure that's different than this definition, [01:26:26.720 --> 01:26:31.720] how do we get back to this definition? [01:26:31.720 --> 01:26:32.720] Okay, well. [01:26:32.720 --> 01:26:34.720] Oh, okay. I'm sorry. I answered your own question. [01:26:34.720 --> 01:26:38.720] We're not in conflict with this chapter. [01:26:38.720 --> 01:26:43.720] The other chapters of this code apply to corporations associations. [01:26:43.720 --> 01:26:47.720] In this code, unless the context requires a different definition. [01:26:47.720 --> 01:26:56.720] I think that's sufficient because there are other definitions of person in this code. [01:26:56.720 --> 01:27:01.720] No, I didn't finish what I was going here, this history of the person. [01:27:01.720 --> 01:27:05.720] So it was defined in the Penal Code. [01:27:05.720 --> 01:27:12.720] And Article 3.01 referred to the Penal Code for those definitions when it was needed. [01:27:12.720 --> 01:27:18.720] But then in 1973, the legislature adopted a new Penal Code. [01:27:18.720 --> 01:27:28.720] And in Chapter 2 of the same Act, Chapter 17a, corporations associations, was added to the code of criminal procedure. [01:27:28.720 --> 01:27:34.720] And there in 17a.01b.4 is the definition of person. [01:27:34.720 --> 01:27:39.720] Okay, there it just seems kind of redundant because the definition of code of criminal procedure. [01:27:39.720 --> 01:27:41.720] Wait a minute. [01:27:41.720 --> 01:27:50.720] This is the definition of person, of he, and of him. [01:27:50.720 --> 01:27:53.720] All three of them. [01:27:53.720 --> 01:28:06.720] So any time he or him is used anywhere in the code, it's your position that it only refers to an association or a corporation? [01:28:06.720 --> 01:28:12.720] Well, to me that's what the definition says, but let me finish this before here. [01:28:12.720 --> 01:28:13.720] Okay. [01:28:13.720 --> 01:28:18.720] Okay, so they added that Chapter 17a that had that definition of person. [01:28:18.720 --> 01:28:24.720] Which at any point seems kind of redundant because it was already covered by the code of criminal procedure. [01:28:24.720 --> 01:28:27.720] Okay, where is person? [01:28:27.720 --> 01:28:30.720] Would that be in Chapter 1? [01:28:30.720 --> 01:28:33.720] Is there another definition? [01:28:33.720 --> 01:28:37.720] Is this the only definition of person in the code? [01:28:37.720 --> 01:28:40.720] Right, in the code of criminal procedure. [01:28:40.720 --> 01:28:42.720] Okay. [01:28:42.720 --> 01:28:45.720] So before that, it didn't have its own definition. [01:28:45.720 --> 01:28:47.720] It's only in the Penal Code. [01:28:47.720 --> 01:29:00.720] Oh, okay, so what you're saying is, is when they added 17a, there was no definition of person in the code of criminal procedure. [01:29:00.720 --> 01:29:17.720] So they added a definition of person and intended that it apply to all of the code, except where we're not in conflict with this chapter. [01:29:17.720 --> 01:29:22.720] The other chapters of this code applied for persons like this. [01:29:22.720 --> 01:29:28.720] I'm not getting this quite right. [01:29:28.720 --> 01:29:33.720] We're not in, okay, this chapter sets out some of the procedural rules. [01:29:33.720 --> 01:29:35.720] We're not in conflict with this chapter. [01:29:35.720 --> 01:29:38.720] The other chapters of this code apply to corporations and associations. [01:29:38.720 --> 01:29:44.720] In this code, unless the context requires a different definition. [01:29:44.720 --> 01:29:48.720] That's a bit vague. [01:29:48.720 --> 01:29:53.720] Okay, hang on, Randy Kelton, Deborah Stevens, Root of Law Radio. [01:29:53.720 --> 01:30:04.720] Call in number 512-646-1984. We'll be right back. [01:30:04.720 --> 01:30:07.720] Are you a knuckle cracker? For some, it's a nervous habit. [01:30:07.720 --> 01:30:09.720] For others, it brings a sensation of relief. [01:30:09.720 --> 01:30:11.720] But is it harming your joints? [01:30:11.720 --> 01:30:17.720] I'm Dr. Katherine Albrecht, and I'll have the answer to that white knuckle question in a moment. [01:30:17.720 --> 01:30:19.720] Privacy is under attack. [01:30:19.720 --> 01:30:22.720] When you give up data about yourself, you'll never get it back again. [01:30:22.720 --> 01:30:27.720] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [01:30:27.720 --> 01:30:33.720] So protect your rights, say no to surveillance, and keep your information to yourself. [01:30:33.720 --> 01:30:35.720] Privacy, it's worth hanging onto. 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[01:32:40.720 --> 01:32:43.720] I want to keep you out of the hospital and off pharmaceuticals. [01:32:43.720 --> 01:32:44.720] Wow. [01:32:44.720 --> 01:32:46.720] Why are you so nice to me? [01:32:46.720 --> 01:32:47.720] Because I'm you. [01:32:47.720 --> 01:32:49.720] You're out of shape, and I need a better looking future. [01:32:49.720 --> 01:32:52.720] Call 888-910-4367. [01:32:52.720 --> 01:32:55.720] That's 888-910-4367. [01:32:55.720 --> 01:32:58.720] Or visit microplantpowder.com. [01:32:58.720 --> 01:33:01.720] Microplantpowder.com. [01:33:01.720 --> 01:33:04.720] You are listening to the Logos Radio Network. [01:33:04.720 --> 01:33:12.720] LogosRadioNetwork.com. [01:33:12.720 --> 01:33:13.720] Yeah. [01:33:13.720 --> 01:33:14.720] Who you want to chip? [01:33:14.720 --> 01:33:15.720] Who you take me for? [01:33:15.720 --> 01:33:16.720] Free tully. [01:33:16.720 --> 01:33:17.720] Who you want to chip? [01:33:17.720 --> 01:33:18.720] Me no free tully. [01:33:18.720 --> 01:33:19.720] You can't chip me. [01:33:19.720 --> 01:33:20.720] All me say. [01:33:20.720 --> 01:33:22.720] Don't let them chip you in the morning. [01:33:22.720 --> 01:33:24.720] Chip you in the evening. [01:33:24.720 --> 01:33:26.720] Put the chip inna your body. [01:33:26.720 --> 01:33:28.720] And anyway you go computer weedy. [01:33:28.720 --> 01:33:30.720] You can't hide me safe from nobody. [01:33:30.720 --> 01:33:31.720] What me say? [01:33:31.720 --> 01:33:32.720] Chip inna your mom. [01:33:32.720 --> 01:33:33.720] Chip inna your daddy. [01:33:33.720 --> 01:33:36.720] Chip inna your grandpa and the grand me. [01:33:36.720 --> 01:33:37.720] Chip inna me. [01:33:37.720 --> 01:33:38.720] Chip inna your baby. [01:33:38.720 --> 01:33:39.720] Chip inna your family. [01:33:39.720 --> 01:33:40.720] Whole family. [01:33:40.720 --> 01:33:41.720] Chip inna your dad. [01:33:41.720 --> 01:33:42.720] And the cat around me. [01:33:42.720 --> 01:33:43.720] Chip inna the beef. [01:33:43.720 --> 01:33:44.720] And you still go eat it. [01:33:44.720 --> 01:33:45.720] Chip inna the fish. [01:33:45.720 --> 01:33:46.720] Them all in the sea. [01:33:46.720 --> 01:33:47.720] Chip inna the shark. [01:33:47.720 --> 01:33:48.720] And the real around me. [01:33:48.720 --> 01:33:49.720] You know still mankind can't chip crazy. [01:33:49.720 --> 01:33:50.720] They the kind of thing man they want to read it. [01:33:50.720 --> 01:33:51.720] Social Security. [01:33:51.720 --> 01:33:52.720] They got tell me. [01:33:52.720 --> 01:33:53.720] Number with them give me them repeat up your see. [01:33:53.720 --> 01:33:54.720] I'm chippy in the morning. [01:33:54.720 --> 01:33:55.720] Chippy in the evening. [01:33:55.720 --> 01:33:56.720] Chippy while I dinner time. [01:33:56.720 --> 01:33:57.720] Experiment and mankind. [01:33:57.720 --> 01:33:58.720] But man you no say them lie. [01:33:58.720 --> 01:33:59.720] Well when I want to chip man you always say. [01:33:59.720 --> 01:34:00.720] I'm gonna chip. [01:34:00.720 --> 01:34:01.720] I'm gonna chip. [01:34:01.720 --> 01:34:02.720] I'm gonna chip. [01:34:02.720 --> 01:34:03.720] I'm gonna chip. [01:34:03.720 --> 01:34:04.720] I'm gonna chip. [01:34:04.720 --> 01:34:05.720] I'm gonna chip. [01:34:05.720 --> 01:34:06.720] I'm gonna chip. [01:34:06.720 --> 01:34:07.720] I'm gonna chip. [01:34:07.720 --> 01:34:11.720] But man you no say them lie. [01:34:11.720 --> 01:34:13.720] Well when I want to chip man you always say. [01:34:13.720 --> 01:34:14.720] Freedom or something. [01:34:14.720 --> 01:34:15.720] Man you fight. [01:34:15.720 --> 01:34:16.720] Okay we are back. [01:34:16.720 --> 01:34:17.720] Randy Kelton. [01:34:17.720 --> 01:34:18.720] Deborah Stevens. [01:34:18.720 --> 01:34:19.720] UWA radio. [01:34:19.720 --> 01:34:22.720] And we're talking to Danny in Tennessee. [01:34:22.720 --> 01:34:23.720] Okay. [01:34:23.720 --> 01:34:32.880] I know people listening may think we're being pedantic but frankly I really enjoy this kind [01:34:32.880 --> 01:34:43.560] of back and forth because it really helps us understand how these codes fit together. [01:34:43.560 --> 01:34:50.340] And while we were on break I did a little research and found what I was hoping to find. [01:34:50.340 --> 01:34:56.800] There's a reference in there to where the context requires otherwise. [01:34:56.800 --> 01:35:03.600] And in looking for something where the context requires otherwise I actually found it. [01:35:03.600 --> 01:35:16.720] It's in chapter 17 where it's talking about bail and where a person is released on bail [01:35:16.720 --> 01:35:19.760] and where a person is arrested. [01:35:19.760 --> 01:35:29.480] Now you can't arrest a corporation or an association because that's a legal fiction. [01:35:29.480 --> 01:35:30.960] There doesn't really exist. [01:35:30.960 --> 01:35:38.440] It's just something we made up to describe a group of people gathering together. [01:35:38.440 --> 01:35:43.760] So where a different definition is required. [01:35:43.760 --> 01:35:51.120] So that leaves us still without a clear definition of a living, breathing human being. [01:35:51.120 --> 01:35:54.720] Does that make sense Danny? [01:35:54.720 --> 01:35:55.720] Yeah. [01:35:55.720 --> 01:36:01.720] Well let me, I never got quite done with what I was trying to get to here on the history [01:36:01.720 --> 01:36:03.760] of the person, the definition of the person. [01:36:03.760 --> 01:36:04.760] Oh okay. [01:36:04.760 --> 01:36:05.760] I'll stop interrupting. [01:36:05.760 --> 01:36:06.760] Oh okay. [01:36:06.760 --> 01:36:07.760] Now wait a minute. [01:36:07.760 --> 01:36:10.880] I just interrupted you to tell you I was going to stop interrupting. [01:36:10.880 --> 01:36:11.880] What's wrong with that picture? [01:36:11.880 --> 01:36:12.880] Okay. [01:36:12.880 --> 01:36:13.880] Shut up. [01:36:13.880 --> 01:36:14.880] Okay. [01:36:14.880 --> 01:36:20.080] I'll just cover it briefly until I get to the point here. [01:36:20.080 --> 01:36:25.600] When this code of current procedure was originally adopted in 1965 it didn't have an explicit [01:36:25.600 --> 01:36:30.720] definition of person but it could get its definition of person through the penal code [01:36:30.720 --> 01:36:34.360] by a reference it had in 3.01. [01:36:34.360 --> 01:36:42.560] And then in 1973 the legislature added this chapter 17A and there they had in a definition [01:36:42.560 --> 01:36:47.520] of person and it's just a corporation or association. [01:36:47.520 --> 01:36:55.840] Then in 1975 they went back and amended 3.01 and deleted the words at the end of that article [01:36:55.840 --> 01:37:01.720] quote, and unless herein specially accepted have the meaning which is given to them in [01:37:01.720 --> 01:37:02.720] the penal code. [01:37:02.720 --> 01:37:06.680] So it no longer refers to the penal code whereas it used to. [01:37:06.680 --> 01:37:07.680] Wait a minute. [01:37:07.680 --> 01:37:08.680] I missed that. [01:37:08.680 --> 01:37:12.440] 3.01 that's in criminal procedure? [01:37:12.440 --> 01:37:13.440] Okay. [01:37:13.440 --> 01:37:18.320] I sent you the document tonight to the history of person if you got it there. [01:37:18.320 --> 01:37:21.200] It's not all that long enough for my paragraphs. [01:37:21.200 --> 01:37:22.200] Okay. [01:37:22.200 --> 01:37:26.920] I have a little trouble in my system trying to pull up email at the same time I'm on the [01:37:26.920 --> 01:37:28.160] air. [01:37:28.160 --> 01:37:33.680] Right now I'm running the board so I'm the producer and the hosts have kind of got my [01:37:33.680 --> 01:37:35.640] system clogged up. [01:37:35.640 --> 01:37:36.640] Okay. [01:37:36.640 --> 01:37:45.040] I'm looking for 3.01 of I do have a Lexis annotated code of criminal procedure and penal [01:37:45.040 --> 01:37:46.040] code here. [01:37:46.040 --> 01:37:51.120] I went to see my district attorney today and he had exactly the same document. [01:37:51.120 --> 01:37:56.120] So at least I'm using the same thing they use. [01:37:56.120 --> 01:38:01.840] I'm looking for 3.01 words and phrases. [01:38:01.840 --> 01:38:08.200] All words, phrases and terms used in this code are to be taken and understood in their [01:38:08.200 --> 01:38:18.280] usual acceptation in common language except where specifically defined. [01:38:18.280 --> 01:38:21.000] Okay. [01:38:21.000 --> 01:38:23.020] That seems straightforward enough. [01:38:23.020 --> 01:38:29.560] That seems to refer to Webster as opposed to blacks. [01:38:29.560 --> 01:38:33.360] Am I correct in that? [01:38:33.360 --> 01:38:34.360] Right. [01:38:34.360 --> 01:38:38.040] That personally has been defined. [01:38:38.040 --> 01:38:39.040] Okay. [01:38:39.040 --> 01:38:46.040] How does that exclude the definition in the penal code? [01:38:46.040 --> 01:38:47.120] That doesn't. [01:38:47.120 --> 01:38:53.240] But it used to include after what you said there and unless hearings specially accepted [01:38:53.240 --> 01:38:57.080] have the meaning which is given to them in the penal code. [01:38:57.080 --> 01:39:05.560] It used to explicitly refer to the penal code, 1975 they amended that to chop that part off. [01:39:05.560 --> 01:39:11.440] Have you looked at the history to see why they did that? [01:39:11.440 --> 01:39:12.440] Well I haven't found out why. [01:39:12.440 --> 01:39:14.360] I just found out that they did. [01:39:14.360 --> 01:39:15.360] Okay. [01:39:15.360 --> 01:39:25.800] If you go on to Texas Legis, if you do a Google search, Texas statutes, the first hit you [01:39:25.800 --> 01:39:29.760] get is the Texas state website. [01:39:29.760 --> 01:39:38.320] And if you look up the code there and when you find this section, there are three deals. [01:39:38.320 --> 01:39:41.540] There are PDF, text and word. [01:39:41.540 --> 01:39:50.480] If you open the text document and go to the history, it has the history hyperlinked. [01:39:50.480 --> 01:39:56.400] So you can click on the House bills or Senate bills that were enacted in that portion of [01:39:56.400 --> 01:39:59.520] the history and it will show you why they did what they did. [01:39:59.520 --> 01:40:00.520] Okay. [01:40:00.520 --> 01:40:03.920] Well, that might be good to look at. [01:40:03.920 --> 01:40:10.080] That was really helpful because it actually brings you to House and Senate bills. [01:40:10.080 --> 01:40:12.720] Well actually it shows you the House and Senate bills. [01:40:12.720 --> 01:40:21.240] It doesn't show you any of the House arguments so you can tell why they decided to do that. [01:40:21.240 --> 01:40:24.640] But it does give you a lot closer idea. [01:40:24.640 --> 01:40:31.560] It shows exactly what they intended to change because I've looked at a couple of these [01:40:31.560 --> 01:40:38.720] and it appeared as though they were somewhat careless in what they changed and some things [01:40:38.720 --> 01:40:43.080] they didn't change on intentionally. [01:40:43.080 --> 01:40:51.040] And under Chapter 16, right at the end of Chapter 16, there was one in there that was [01:40:51.040 --> 01:40:57.120] really problematic where it's talking about a magistrate doing an examining trial and [01:40:57.120 --> 01:40:58.800] a reference to the trial court. [01:40:58.800 --> 01:41:05.560] So that was clearly a major blunder that we'd never expect to find actually in the code. [01:41:05.560 --> 01:41:14.520] So looking at the history is probably, if you could get the Senate and House tapes of [01:41:14.520 --> 01:41:17.880] the arguments, it would tell you why they did it. [01:41:17.880 --> 01:41:24.520] This one doesn't seem to make sense of why they would put that in there and why they [01:41:24.520 --> 01:41:27.280] would exclude the definition in the Penal Code. [01:41:27.280 --> 01:41:32.840] Yeah, I was kind of wondering about that too. [01:41:32.840 --> 01:41:38.200] That's just one session after they added a definition to the Penal Code. [01:41:38.200 --> 01:41:41.080] Wait a minute. [01:41:41.080 --> 01:41:47.480] So one session after they added a definition, they excluded the reference in the Code of [01:41:47.480 --> 01:41:50.080] Criminal Procedure to that definition? [01:41:50.080 --> 01:41:51.080] No. [01:41:51.080 --> 01:42:00.880] They added Chapter 17A in 1973, which has this definition of person, and then in the [01:42:00.880 --> 01:42:08.840] next session, 1975, they removed those words at the end of Article 3.01 referring to the [01:42:08.840 --> 01:42:11.080] Penal Code. [01:42:11.080 --> 01:42:21.080] So it kind of looks like they intend the definition only to refer to a corporation unless there's [01:42:21.080 --> 01:42:27.160] no reasonable way to refer it to a corporation, like if a person gets arrested, that can't [01:42:27.160 --> 01:42:33.880] be a corporation, so it would have to be something else, but we don't have that defined. [01:42:33.880 --> 01:42:39.520] The only thing we can do is assume that it means a living human being, but they took [01:42:39.520 --> 01:42:45.320] out that reference back to the Penal Code that would make it a living human being. [01:42:45.320 --> 01:42:48.680] Am I getting this right? [01:42:48.680 --> 01:42:51.560] Yeah, that was my impression. [01:42:51.560 --> 01:43:10.600] Also, let's see, where is it here, in that 17A, oh yeah, 17A.02, which says alleging [01:43:10.600 --> 01:43:18.760] a name, that they can use the name of the corporation, and alleging the name of the [01:43:18.760 --> 01:43:27.320] defendant in a complaint, indictment information, the corporate name, or any name by which the [01:43:27.320 --> 01:43:33.880] corporation is known may be identified, and it is not necessary to allege that the defendant [01:43:33.880 --> 01:43:34.880] was lost or operated. [01:43:34.880 --> 01:43:37.880] That sounds to me like an assumption. [01:43:37.880 --> 01:43:44.560] Okay, we're about to go to break, and can you call in tomorrow night, Danny? [01:43:44.560 --> 01:43:49.680] I actually enjoy these, but I'm running out of time, I've got one more caller. [01:43:49.680 --> 01:43:52.280] Yeah, okay, I thought it might be good. [01:43:52.280 --> 01:43:55.680] Finally got to the point of where you were getting, and that is an interesting point. [01:43:55.680 --> 01:44:00.440] We'll be right back, this is Randy Kelton, the Stevensville Law Radio. [01:44:00.440 --> 01:44:04.040] You feel tired when talking about important topics like money and politics? [01:44:04.040 --> 01:44:05.040] Lauren! [01:44:05.040 --> 01:44:07.760] Are you confused by words like the Constitution or the Federal Reserve? [01:44:07.760 --> 01:44:08.760] What? [01:44:08.760 --> 01:44:12.640] If so, you may be diagnosed with the deadliest disease known today, stupidity. [01:44:12.640 --> 01:44:18.080] Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity [01:44:18.080 --> 01:44:19.280] at an early age. [01:44:19.280 --> 01:44:23.280] I had no idea that the number one cause of the disease is found in almost every home [01:44:23.280 --> 01:44:25.400] in America, the television. [01:44:25.400 --> 01:44:30.400] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope. [01:44:30.400 --> 01:44:34.180] The staff at Brave New Books have helped me and thousands of other foxaholics suffering [01:44:34.180 --> 01:44:39.080] from sports zombieism recover, and because of Brave New Books, I now enjoy reading and [01:44:39.080 --> 01:44:43.980] watching educational documentaries without feeling tired or uninterested, so if you or [01:44:43.980 --> 01:44:51.240] anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them [01:44:51.240 --> 01:44:54.800] in 1904 Guadalupe or bravenewbookstore.com. [01:44:54.800 --> 01:44:58.240] Side effects from using Brave New Books products may include discernment and enlarged vocabulary [01:44:58.240 --> 01:45:01.400] and an overall increase in mental functioning. [01:45:01.400 --> 01:45:04.600] Are you the plaintiff or defendant in a lawsuit? [01:45:04.600 --> 01:45:11.240] Begin your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course [01:45:11.240 --> 01:45:14.720] that will show you how in 24 hours, step-by-step. [01:45:14.720 --> 01:45:19.080] If you have a lawyer, know what your lawyer should be doing. [01:45:19.080 --> 01:45:23.840] If you don't have a lawyer, know what you should do for yourself. [01:45:23.840 --> 01:45:29.080] Thousands have won with our step-by-step course, and now you can too. [01:45:29.080 --> 01:45:34.040] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:34.040 --> 01:45:39.440] Even if you're not in a lawsuit, you can learn what everyone should understand about [01:45:39.440 --> 01:45:43.800] the principles and practices that control our American courts. [01:45:43.800 --> 01:45:50.040] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:50.040 --> 01:45:52.640] pro se tactics, and much more. [01:45:52.640 --> 01:46:21.240] Please visit RuleOfLawRadio.com and click on the banner, or call toll-free, 866-LAW-EASY. [01:46:22.640 --> 01:46:32.600] Okay, we are back. [01:46:32.600 --> 01:46:45.720] Granny Kelton and Kevin Stevens, Rule of Law Radio. [01:46:45.720 --> 01:46:51.360] Okay, I think we're back. [01:46:51.360 --> 01:46:55.240] I'm hitting the buttons, and it could be that I hit the wrong button. [01:46:55.240 --> 01:46:57.240] Okay, we are back. [01:46:57.240 --> 01:47:02.400] Granny Kelton, Deborah Stevens, Rule of Law Radio, and we're going to go to Richard in [01:47:02.400 --> 01:47:03.400] Colorado. [01:47:03.400 --> 01:47:04.400] Hello, Richard. [01:47:04.400 --> 01:47:05.400] Hello. [01:47:05.400 --> 01:47:09.400] What have you got for us tonight? [01:47:09.400 --> 01:47:19.080] Well, the police impounded my car because it didn't have a license plate. [01:47:19.080 --> 01:47:24.400] When I talked to a couple of attorneys, one of them said, good luck. [01:47:24.400 --> 01:47:33.200] And the other one said that after I read him, Shapiro versus Tompkins, and you probably [01:47:33.200 --> 01:47:42.600] know what that is offhand, and he said, well, I don't know anything about the Supreme Court, [01:47:42.600 --> 01:47:50.560] but he said the statute plainly says that I require license plates, which it does, of [01:47:50.560 --> 01:47:51.560] course. [01:47:51.560 --> 01:47:52.560] Okay. [01:47:52.560 --> 01:47:54.880] Now, wait a minute, hold on. [01:47:54.880 --> 01:48:01.680] You have to require a license plate for what? [01:48:01.680 --> 01:48:02.680] For what? [01:48:02.680 --> 01:48:06.120] Yeah, for what? [01:48:06.120 --> 01:48:14.360] Well, I require a license plate if I'm in business. [01:48:14.360 --> 01:48:19.840] What does the code say about why you have to have a license or when you have to have [01:48:19.840 --> 01:48:20.840] a license? [01:48:20.840 --> 01:48:27.440] Okay, the code says that I do have to have a license, but Shapiro versus Tompkins. [01:48:27.440 --> 01:48:29.600] Now, hold on, hold on. [01:48:29.600 --> 01:48:31.720] It has to say more than that. [01:48:31.720 --> 01:48:33.460] All right. [01:48:33.460 --> 01:48:39.740] What does the license authorize you to do? [01:48:39.740 --> 01:48:46.440] The license authorizes me to drive a motor vehicle. [01:48:46.440 --> 01:48:47.760] Okay. [01:48:47.760 --> 01:48:52.120] What does drive and motor vehicle mean? [01:48:52.120 --> 01:49:01.000] Well, to drive normally, sometimes they use it otherwise, but normally you drive when [01:49:01.000 --> 01:49:03.400] you're driving for hire. [01:49:03.400 --> 01:49:14.120] You have to be, okay, if we're going to fight this particular battle, we have to understand [01:49:14.120 --> 01:49:20.360] you'll never win your case simply because you have the law and the facts on your side. [01:49:20.360 --> 01:49:22.200] To think so is naive. [01:49:22.200 --> 01:49:24.200] It's not that way now. [01:49:24.200 --> 01:49:26.280] Never ever has been that way. [01:49:26.280 --> 01:49:31.160] You'll only win your case if you have the politics on your side and all politics is [01:49:31.160 --> 01:49:32.160] local. [01:49:32.160 --> 01:49:41.040] The local politics here is that local jurisdictions are using the traffic code as a source of [01:49:41.040 --> 01:49:44.120] an unauthorized tax. [01:49:44.120 --> 01:49:46.720] It's all about the money. [01:49:46.720 --> 01:49:53.800] They want to make a lot of money and you're going to go before a JP or a municipal court [01:49:53.800 --> 01:50:01.640] and it is their job to create enough dollar flow to pay for their office and leave some [01:50:01.640 --> 01:50:04.120] left over. [01:50:04.120 --> 01:50:07.880] I realize it's all about money. [01:50:07.880 --> 01:50:14.440] So we have to, if we're going to beat them, we have to find a way to make it look like [01:50:14.440 --> 01:50:20.320] it's going to cost them a whole lot more if they fight us than if they don't. [01:50:20.320 --> 01:50:27.600] And that's why I'm being somewhat pedantic about these definitions in the front. [01:50:27.600 --> 01:50:34.360] What does driver mean? [01:50:34.360 --> 01:50:38.640] Traveling, I can travel like Shapiro says. [01:50:38.640 --> 01:50:40.400] Okay, wait a minute. [01:50:40.400 --> 01:50:45.680] Before you get to Shapiro, you have to get your definitions down. [01:50:45.680 --> 01:50:53.920] Drive means to operate a motorized conveyance or hire. [01:50:53.920 --> 01:50:57.920] That's what drive means. [01:50:57.920 --> 01:51:03.240] So if you use drive, what Eddie will say is you're stipulated to the fact that you're [01:51:03.240 --> 01:51:04.640] in commerce. [01:51:04.640 --> 01:51:16.400] You have to have a license in order to transfer, transport persons or property for hire. [01:51:16.400 --> 01:51:22.400] That license they want you to have is a chauffeur's license. [01:51:22.400 --> 01:51:30.880] You're not a chauffeur and when you talk to people who don't understand the travel [01:51:30.880 --> 01:51:39.080] issue and you say, look at your license, what does it authorize you to do? [01:51:39.080 --> 01:51:45.800] It authorizes you to transport up to eight people for hire. [01:51:45.800 --> 01:51:57.440] If you are traveling in a conveyance, automobile is a motorized conveyance used for the commercial [01:51:57.440 --> 01:52:00.360] transport of persons or property. [01:52:00.360 --> 01:52:08.780] A conveyance is not a motor vehicle and the dirty rotten coppers will try to trick you [01:52:08.780 --> 01:52:11.320] in to calling on what they want you to call them. [01:52:11.320 --> 01:52:22.920] I know if you listen to our Monday night show, Eddie Quaig is our traffic guy, he's real [01:52:22.920 --> 01:52:29.440] pedantic about this and this is why if you say this to somebody, they look at you like [01:52:29.440 --> 01:52:33.240] you just stepped off the moon or something. [01:52:33.240 --> 01:52:39.000] But then when you ask them to pull out their license and look at what it really is and [01:52:39.000 --> 01:52:47.840] they realize what they're holding is a chauffeur's license, now they kind of get it that you [01:52:47.840 --> 01:52:50.560] have to have that transferred for people for hire. [01:52:50.560 --> 01:52:53.120] So I have one. [01:52:53.120 --> 01:52:59.640] I was stopped here in Austin and the policeman asked me for my proof of insurance and my [01:52:59.640 --> 01:53:00.640] driver's license. [01:53:00.640 --> 01:53:09.860] I gave him my proof of insurance and my Texas ID looks just exactly like a driver's license [01:53:09.860 --> 01:53:14.080] except before the number it says ID instead of DL. [01:53:14.080 --> 01:53:16.560] You got to look really close to catch it. [01:53:16.560 --> 01:53:21.320] He came back and he said, Mr. Kelcon, this is a Texas ID. [01:53:21.320 --> 01:53:22.760] Do you have a driver's license? [01:53:22.760 --> 01:53:30.560] Yes, your honor, yes sir, I do, but I'm not using it right now. [01:53:30.560 --> 01:53:38.120] He got it and I'm saying this so that we get this in the right perspective. [01:53:38.120 --> 01:53:44.000] You weren't driving, you were traveling, you weren't driving a motor vehicle, you [01:53:44.000 --> 01:53:48.920] were operating a private conveyance. [01:53:48.920 --> 01:53:58.840] Now what kind of permission do I need to exercise that right? [01:53:58.840 --> 01:54:12.000] If you can license how I travel, then why aren't we licensed to walk or ride a bicycle [01:54:12.000 --> 01:54:14.920] or ride a unicycle? [01:54:14.920 --> 01:54:16.240] Better look into that. [01:54:16.240 --> 01:54:17.240] Yeah. [01:54:17.240 --> 01:54:18.240] Okay. [01:54:18.240 --> 01:54:19.240] Okay. [01:54:19.240 --> 01:54:23.240] I'm going to shut up now and let you go back to where you were. [01:54:23.240 --> 01:54:24.360] Okay. [01:54:24.360 --> 01:54:27.800] Well, I had a hearing. [01:54:27.800 --> 01:54:33.360] They called me in the court, but it turned out to be an informal hearing. [01:54:33.360 --> 01:54:34.360] What? [01:54:34.360 --> 01:54:35.360] Whoa. [01:54:35.360 --> 01:54:36.360] Hold on. [01:54:36.360 --> 01:54:37.360] Hold on. [01:54:37.360 --> 01:54:45.720] Did they call you up and say, hey, Richard, would it be convenient for you to come down [01:54:45.720 --> 01:54:47.560] here on this day at this time? [01:54:47.560 --> 01:54:49.760] Did they do that? [01:54:49.760 --> 01:54:50.760] Yeah. [01:54:50.760 --> 01:54:51.760] Yeah. [01:54:51.760 --> 01:54:56.720] Did they send you a command that you'd be there on this day at this time? [01:54:56.720 --> 01:55:03.360] Well, what he, what they did was when I waited to get in and when I finally got in there, [01:55:03.360 --> 01:55:09.520] they said, well, this is just an informal hearing is what they called it. [01:55:09.520 --> 01:55:12.600] Oh, is that a fact, Jack? [01:55:12.600 --> 01:55:13.600] Okay. [01:55:13.600 --> 01:55:24.840] Where in the code do these individuals get the authority to command you to appear at [01:55:24.840 --> 01:55:26.880] an informal hearing? [01:55:26.880 --> 01:55:30.440] Well, that I don't know. [01:55:30.440 --> 01:55:33.400] You should look that up. [01:55:33.400 --> 01:55:39.400] It's all political and the way we're going to beat them is to make it look like this [01:55:39.400 --> 01:55:43.280] is going to be way more trouble than it's worth. [01:55:43.280 --> 01:55:50.840] If a public official exerts or purports to exert an authority he does not expressly have [01:55:50.840 --> 01:55:55.440] and in the process denies a citizen in the full and free access to her enjoyment of right. [01:55:55.440 --> 01:55:57.080] That's crime in every state. [01:55:57.080 --> 01:56:03.400] It falls from the Ku Klux Klan act, 18 US code 242. [01:56:03.400 --> 01:56:10.680] Every state at Colorado specifically has a statute that reflects the Ku Klux Klan act. [01:56:10.680 --> 01:56:19.360] Someone ordered you to come to court for an informal hearing specifically where did that [01:56:19.360 --> 01:56:27.920] person get the authority to order you to drop your life and come down to their court for [01:56:27.920 --> 01:56:31.560] a informal hearing? [01:56:31.560 --> 01:56:32.560] I'm in Texas. [01:56:32.560 --> 01:56:35.580] I was ordered to come to court. [01:56:35.580 --> 01:56:37.520] No indication of why. [01:56:37.520 --> 01:56:42.360] I get before the judge and said, your honor, I have this summons to appear here today, [01:56:42.360 --> 01:56:45.080] but doesn't tell me why you want to tell me what I'm doing here. [01:56:45.080 --> 01:56:50.880] Well, Mr. Kelton, we need to find out if you had an attorney. [01:56:50.880 --> 01:56:58.480] I said, well, your honor, I have 28.01 Texas code of criminal procedure and it specifies [01:56:58.480 --> 01:57:04.600] what you can order me to come to court for to see if I have an attorney is not one of [01:57:04.600 --> 01:57:06.880] them. [01:57:06.880 --> 01:57:14.120] So if you were ordered to come to an informal hearing, that's abuse of process. [01:57:14.120 --> 01:57:15.920] That's a crime in Tech, Colorado. [01:57:15.920 --> 01:57:19.800] Well, they took my car without due process. [01:57:19.800 --> 01:57:22.760] Wait, they took your car? [01:57:22.760 --> 01:57:27.560] Did they impound your car? [01:57:27.560 --> 01:57:30.160] Yes, they did. [01:57:30.160 --> 01:57:31.400] It's still in there. [01:57:31.400 --> 01:57:34.960] They impounded it in May, the last of May. [01:57:34.960 --> 01:57:39.200] I can't remember the date, but I've got it. [01:57:39.200 --> 01:57:40.200] Okay. [01:57:40.200 --> 01:57:46.320] They have, they have probably got storage fees against it that are greater than the [01:57:46.320 --> 01:57:52.080] value of the car by now, unless there's a lot of people in your car. [01:57:52.080 --> 01:57:53.080] Probably. [01:57:53.080 --> 01:57:57.080] This is really, had you talked to Eddie Craig on the Monday night show? [01:57:57.080 --> 01:58:01.400] No, I didn't know about the Monday night show. [01:58:01.400 --> 01:58:02.400] Okay. [01:58:02.400 --> 01:58:09.040] Same time on Monday night call in, Eddie Craig does a show strictly on traffic. [01:58:09.040 --> 01:58:15.000] I kind of avoided traffic somewhat and stayed with due process because that's the traffic [01:58:15.000 --> 01:58:17.840] that you hear, you know, is much better than me. [01:58:17.840 --> 01:58:19.840] So we're about out of time. [01:58:19.840 --> 01:58:20.840] I'm about to end the show. [01:58:20.840 --> 01:58:25.640] Call in, call in Monday night and talk to Eddie, he is really good at this. [01:58:25.640 --> 01:58:26.640] Okay. [01:58:26.640 --> 01:58:27.640] Are you in Arizona? [01:58:27.640 --> 01:58:28.640] I am in Texas. [01:58:28.640 --> 01:58:29.640] Oh, in Texas. [01:58:29.640 --> 01:58:30.640] All right. [01:58:30.640 --> 01:58:34.920] I didn't know that the central standard dime high. [01:58:34.920 --> 01:58:35.920] Yeah. [01:58:35.920 --> 01:58:36.920] Yeah. [01:58:36.920 --> 01:58:37.920] We're central. [01:58:37.920 --> 01:58:43.520] We're ahead of you, so it'll be, it'll be, it'll be seven o'clock your time. [01:58:43.520 --> 01:58:44.520] Okay. [01:58:44.520 --> 01:58:45.520] Give us a call. [01:58:45.520 --> 01:58:46.520] We're about done. [01:58:46.520 --> 01:58:47.520] Thank you all for listening. [01:58:47.520 --> 01:58:50.840] Good night. [01:58:50.840 --> 01:58:56.360] Bibles for America is offering absolutely free, a unique study Bible called the new [01:58:56.360 --> 01:58:58.100] Testament recovery version. [01:58:58.100 --> 01:59:03.240] The new Testament recovery version has over 9,000 footnotes that explain what the Bible [01:59:03.240 --> 01:59:08.640] says, verse by verse, helping you to know God and to know the meaning of life. [01:59:08.640 --> 01:59:12.040] Order your free copy today from Bibles for America. [01:59:12.040 --> 01:59:21.020] Call us toll free at 888-551-0102 or visit us online at bfa.org. [01:59:21.020 --> 01:59:26.560] This translation is highly accurate and it comes with over 13,000 cross references, plus [01:59:26.560 --> 01:59:30.560] charts and maps and an outline for every book of the Bible. [01:59:30.560 --> 01:59:35.560] This is truly a Bible you can understand to get your free copy of the new Testament recovery [01:59:35.560 --> 01:59:36.560] version. [01:59:36.560 --> 01:59:48.520] Call us toll free at 888-551-0102 that's 888-551-0102 or visit us online at bfa.org. [01:59:48.520 --> 01:59:59.880] You're listening to the Logos Radio Network at logosradionetwork.com.