[00:08.440 --> 00:13.740]  I'm Bryan Hagen with your Liberty Beat for Friday, August 29th, 2014.
[00:13.740 --> 00:16.360]  Gold opened today at $1,285.
[00:16.360 --> 00:22.000]  Silver opened at $19.49, while Bitcoin is trading around $508.39.
[00:22.000 --> 00:27.160]  Support for the Liberty Beat comes from Central Texas Gunworks, your online source for firearms,
[00:27.160 --> 00:29.440]  firearm accessories, and ammunition.
[00:29.440 --> 00:32.360]  They take major credit cards and now accept Bitcoin.
[00:32.360 --> 00:36.640]  Visit them online at shop.centraltexasgunworks.com.
[00:36.640 --> 00:40.640]  In the news, in the wake of the Michael Brown shooting in Ferguson, Missouri, activists
[00:40.640 --> 00:44.960]  across the country are looking for solutions to the problem of police brutality.
[00:44.960 --> 00:48.480]  Some groups are calling for political action to deal with the issue, others are circumventing
[00:48.480 --> 00:51.960]  the political channels altogether and taking direct action.
[00:51.960 --> 00:56.720]  One group doing just that is the Huey P. Newton Gun Club, named after the late co-founder
[00:56.720 --> 01:00.720]  of the Black Panther Party, the Huey P. Newton Gun Club organized an open carry march in
[01:00.720 --> 01:03.640]  downtown Dallas, Texas this week.
[01:03.640 --> 01:06.800]  Organizers of the demonstration say their purpose is twofold, to protect the people
[01:06.800 --> 01:10.460]  of their communities from the police and to educate the public about their right to keep
[01:10.460 --> 01:13.780]  and bear arms.
[01:13.780 --> 01:17.800]  After being denied in an appeals court, opponents of Houston's Equal Rights Ordinance are asking
[01:17.800 --> 01:22.980]  the Texas Supreme Court to help them in their efforts to force a referendum on the law.
[01:22.980 --> 01:27.040]  On Tuesday, opponents of the law filed a request seeking to have the court force the city to
[01:27.040 --> 01:30.080]  suspend the measure until another vote takes place.
[01:30.080 --> 01:35.080]  The law, which passed in May, bans discrimination based on sexual orientation and gender identity,
[01:35.080 --> 01:38.840]  as well as other factors.
[01:38.840 --> 01:40.840]  Is Austin, Texas becoming a nanny state?
[01:40.840 --> 01:45.000]  Well, that's the question that many are asking after two pieces of legislation were passed
[01:45.000 --> 01:48.660]  at Thursday's city council meeting, further restricting the liberties and property rights
[01:48.660 --> 01:50.100]  of Austin residents.
[01:50.100 --> 01:53.880]  The council unanimously passed legislation banning motorists from using cell phones while
[01:53.880 --> 01:54.880]  driving.
[01:54.880 --> 01:58.520]  Well, that follows an ordinance passed in 2010 that banned texting while driving.
[01:58.520 --> 02:02.520]  On top of that, an ordinance authored by Chris Riley, which requires businesses in Austin
[02:02.520 --> 02:07.300]  with single stall bathrooms to label the bathroom as gender neutral, also passed.
[02:07.300 --> 02:11.280]  The legislation is intended to make transgender people feel more comfortable, but some Austin
[02:11.280 --> 02:14.320]  residents think the city has bigger issues to deal with.
[02:14.320 --> 02:17.600]  Support for the Liberty Beat comes from My Magic Mud.
[02:17.600 --> 02:22.700]  Call Natural Teeth Widener, go to MyMagicMud.com to hear a short interview with Dr. Griffin
[02:22.700 --> 02:23.700]  Cole.
[02:23.700 --> 02:26.000]  That's MyMagicMud.com.
[02:26.000 --> 02:32.560]  And support comes from Midas Resources Incorporated, helping clients convert their paper, 401Ks
[02:32.560 --> 02:36.260]  and IRAs to solid gold and silver.
[02:36.260 --> 02:43.400]  Get their 10 reason books free by calling 800-686-2237.
[02:43.400 --> 02:48.460]  That's 1-800-686-2237.
[02:48.460 --> 02:53.760]  This is the Liberty Beat for Friday, August 29th, 2014.
[02:53.760 --> 03:20.720]  Make sure you check out our website at thelibertybeat.com.
[03:23.760 --> 03:52.460]  Okay, howdy, howdy.
[03:52.460 --> 04:00.040]  This is Randy Kelkin, Steve Skidmore, UVA Radio, here on this Friday, the 29th day of
[04:00.040 --> 04:04.280]  August, 2014.
[04:04.280 --> 04:09.560]  And if you were listening last night and got an archive, it was my bad.
[04:09.560 --> 04:16.320]  I'm in Tennessee tonight, and my power connection was faulty last night, so we kind of had a
[04:16.320 --> 04:18.920]  technical crash and burn.
[04:18.920 --> 04:26.040]  But we got that fixed today, and we're going to start out this four hour info marathon
[04:26.040 --> 04:32.680]  talking about our illustrious Governor Perry.
[04:32.680 --> 04:37.800]  And we'll have the phone lines open all night, so if you have a question or comment, give
[04:37.800 --> 04:43.400]  us a call at 512-646-1984.
[04:43.400 --> 04:45.480]  We'll be taking your calls all night.
[04:45.480 --> 04:48.520]  You can interrupt me anytime you want to.
[04:48.520 --> 04:59.920]  What I'm going to talk about is a brief that I sent to Governor Perry's office and to his
[04:59.920 --> 05:06.880]  lawyer, in which I need to get to Mike Handel so he can write an amicus curiae to file in
[05:06.880 --> 05:10.080]  the case.
[05:10.080 --> 05:18.760]  It seems that the lawyer for the governor, in the case of his indictment by a grand jury
[05:18.760 --> 05:28.400]  in Travis County, filed a habeas corpus in the case, a writ of habeas corpus.
[05:28.400 --> 05:33.240]  And the first thing you notice about the writ of habeas corpus is it has the heading, it
[05:33.240 --> 05:41.120]  has the table of contents, but it does not have a table of authorities.
[05:41.120 --> 05:48.320]  You got a lawyer here writing a brief for the governor and he forgets a table of authorities?
[05:48.320 --> 05:54.240]  They would throw my habeas out the window if I forgot the table of authorities.
[05:54.240 --> 05:59.120]  But he may have been busy or his paralegal might have goofed up.
[05:59.120 --> 06:09.680]  But then he, in the habeas, he claimed that the statute under which the governor was charged
[06:09.680 --> 06:13.120]  was unconstitutional.
[06:13.120 --> 06:15.600]  Are you kidding me?
[06:15.600 --> 06:17.240]  This is the best he could come up with?
[06:17.240 --> 06:23.360]  He's going to argue that a statute that's been on the books for at least 50 years all
[06:23.360 --> 06:28.180]  of a sudden became unconstitutional.
[06:28.180 --> 06:35.960]  The likelihood of him winning that particular argument is somewhere between little and none.
[06:35.960 --> 06:49.200]  So I sent a brief, you know I do due process, and this is a good opportunity to demonstrate
[06:49.200 --> 06:58.400]  how well structured the corpus juris is, the corpus juris, the body of law.
[06:58.400 --> 07:07.360]  The body of law we have was structured by dirty rotten scoundrels, by low-down corrupt
[07:07.360 --> 07:18.380]  criminals, and that's kind of a good thing because these low-down rotten scoundrels know
[07:18.380 --> 07:22.520]  they're low-down rotten scoundrels, but most of them think they're not the worst
[07:22.520 --> 07:27.000]  low-down rotten scoundrel in the industry.
[07:27.000 --> 07:32.800]  They think there are other low-down rotten scoundrels who are worse than they are.
[07:32.800 --> 07:41.320]  And because of that, they need certain protections, certain checks and balances so they could
[07:41.320 --> 07:46.600]  keep the other low-down rotten scoundrels under control.
[07:46.600 --> 07:53.720]  Well, a fortunate part of that is we get to use the checks and balances these scoundrels
[07:53.720 --> 07:57.920]  put in to protect themselves from other scoundrels.
[07:57.920 --> 08:08.320]  We get to use them to protect us folks who are not scoundrels from all of the scoundrels.
[08:08.320 --> 08:11.840]  So it works out pretty well that way.
[08:11.840 --> 08:25.440]  And when you look at the codes, the legislature structured the codes very well so that one
[08:25.440 --> 08:33.880]  tends to reinforce the other, and the code I want to go to is Article 16.01, Texas Code
[08:33.880 --> 08:36.300]  of Criminal Procedure.
[08:36.300 --> 08:41.940]  If you've ever been arrested in Texas, you will be fully aware, if you're knowledgeable
[08:41.940 --> 08:52.400]  about what the code says in due process, that an examining trial under Chapter 16.01 is
[08:52.400 --> 08:57.880]  almost never held.
[08:57.880 --> 09:07.280]  And the reason for that is they do this thing they call a magistration, and this magistration
[09:07.280 --> 09:13.540]  is where they advise you of your rights and the fact that you have a right to an attorney,
[09:13.540 --> 09:19.540]  and they also have to advise you of the fact that you have a right to an examining trial.
[09:19.540 --> 09:28.120]  Now this particular hearing is referenced in two places in the Texas Code of Criminal
[09:28.120 --> 09:29.120]  Procedure.
[09:29.120 --> 09:34.600]  It's referenced in Chapter 14 and Chapter 15.
[09:34.600 --> 09:46.460]  Chapter 14 addresses an arrest for an onsite offense without the existence of a warrant.
[09:46.460 --> 09:54.140]  Chapter 15 addresses an arrest on an existing warrant, but both of them require the arresting
[09:54.140 --> 10:02.900]  officer after arrest, immediately after arrest or as soon as is practically possible, to
[10:02.900 --> 10:07.260]  take the person before some magistrate.
[10:07.260 --> 10:16.800]  If a magistrate is not available, then in order to more expeditiously provide the person
[10:16.800 --> 10:26.500]  arrested with the warnings contained in Chapter 15.17, Code of Criminal Procedure, that are
[10:26.500 --> 10:35.220]  taken to a magistrate in some other county, any other county, well, what the courts have
[10:35.220 --> 10:42.220]  taken that to mean is, or what the police and the jailers and such have taken that to
[10:42.220 --> 10:51.100]  mean is, is that when you bring a person before a magistrate, all you have to do is provide
[10:51.100 --> 10:58.900]  them with the warnings referenced in Chapter 15.17, but that's not what the code says.
[10:58.900 --> 11:05.540]  The code says that if you can't get the person before a magistrate for an examining trial,
[11:05.540 --> 11:12.540]  then you're to get him before a magistrate in another county who can do this procedure
[11:12.540 --> 11:17.460]  referenced in 15.17, give them their warnings, they have a right to remain silent, they have
[11:17.460 --> 11:24.020]  a right to give a statement, they can, but if they do give that statement, then the statement
[11:24.020 --> 11:28.100]  can be used against them, that they have a right to counsel, they have a right to delay
[11:28.100 --> 11:33.860]  the hearing for the purpose of securing counsel, they have a right to bail, and they have a
[11:33.860 --> 11:35.420]  right to an examining trial.
[11:35.420 --> 11:40.860]  Well, they're telling them they have a right to examining trial while they're in the process
[11:40.860 --> 11:45.300]  of denying them in their right to an examining trial.
[11:45.300 --> 11:53.380]  Well, so that portion in 15.17 is only in unusual circumstances when you can't get the
[11:53.380 --> 11:58.060]  person before a magistrate for a proper examining trial, you take them before some magistrate,
[11:58.060 --> 12:02.260]  somewhere, and get these warnings so that he doesn't give up his rights while waiting
[12:02.260 --> 12:05.020]  for the examining trial.
[12:05.020 --> 12:16.940]  Okay, once there are arrested, both chapter 15 and chapter 14 require that the person
[12:16.940 --> 12:19.100]  be taken before a magistrate.
[12:19.100 --> 12:25.780]  In 14, they're required to be taken before a magistrate for an examination into the criminal
[12:25.780 --> 12:37.220]  accusation, 2.10, I'm sorry, back up, 2.19, Texas Code of Criminal Procedure, who are
[12:37.220 --> 12:44.180]  magistrates, justices of the Supreme Court, judges of the Court of Criminal Appeals, justices
[12:44.180 --> 12:51.380]  of the Court of Appeals, district judges, county judges, justices of the peace, municipal
[12:51.380 --> 12:55.460]  judges, recorders.
[12:55.460 --> 12:57.340]  These are all magistrates.
[12:57.340 --> 13:01.820]  This means that every judge in Texas wears two hats.
[13:01.820 --> 13:06.780]  One hat's a judge's hat, the other hat's a magistrate's hat, and the magistrate's duty
[13:06.780 --> 13:10.260]  is defined under Article 2.10.
[13:10.260 --> 13:16.420]  The magistrate shall keep to peace in the county by all legal means, and there's a few
[13:16.420 --> 13:23.340]  more things it adds in there, the issue warrants, and I don't have it all memorized but an issue
[13:23.340 --> 13:30.100]  for you other things, but primarily to keep to peace, 2.11, when a magistrate sits for
[13:30.100 --> 13:39.260]  the purpose of examining into a criminal accusation, that is an examining trial.
[13:39.260 --> 13:47.340]  In chapter 16, a whole chapter tells you, tells the magistrate what he is to do in an
[13:47.340 --> 13:48.780]  examining trial.
[13:48.780 --> 14:03.860]  So go to chapter 16, chapter 16.01, first one, titled Examining Trial.
[14:03.860 --> 14:08.140]  When the accused has been brought before a magistrate for an examining trial, that officer
[14:08.140 --> 14:14.060]  shall proceed to examine into the truth of the accusation made, allowing the accused
[14:14.060 --> 14:17.560]  however sufficient time to procure counsel.
[14:17.560 --> 14:22.580]  In a proper case, the magistrate may appoint counsel to represent the accused in such examining
[14:22.580 --> 14:29.340]  trial only, to be compensated as otherwise provided by this code.
[14:29.340 --> 14:39.300]  The accused in a felony case shall have the right to an examining trial before indictment
[14:39.300 --> 14:46.420]  in the county having jurisdiction of the offense, whether he be in custody or on bail, at which
[14:46.420 --> 14:54.260]  time the magistrate at the hearing shall determine the amount or sufficiency of bail if a bailable
[14:54.260 --> 14:55.260]  case.
[14:55.260 --> 14:59.660]  And capital murder is about the only one that's not.
[14:59.660 --> 15:00.660]  Okay.
[15:00.660 --> 15:03.700]  How hard is this to understand?
[15:03.700 --> 15:17.580]  The accused in a felony case shall have the right to an examining trial before indictment.
[15:17.580 --> 15:27.620]  That sounds pretty clear, and in keeping with the intent of the statutory construction,
[15:27.620 --> 15:38.300]  a statute shall be interpreted to mean exactly what it says, that each word should be given
[15:38.300 --> 15:48.100]  credence and it should be construed that the legislature intended every word to have import.
[15:48.100 --> 15:57.900]  And then the fact of a presentment, this is Article 20.22, Texas Code of Criminal Procedure.
[15:57.900 --> 16:06.940]  This is the section that addresses the duties of the grand jury.
[16:06.940 --> 16:18.700]  After an indictment is brought, 20.21 requires that the foreman, along with a quorum of the
[16:18.700 --> 16:31.460]  grand jury, present the indictment to the court or the clerk, and the clerk shall make
[16:31.460 --> 16:43.340]  notes in the minutes of the court, 20.22, presentment entered of record.
[16:43.340 --> 16:48.980]  The fact of a presentment of indictment by a grand jury shall be entered in the record
[16:48.980 --> 16:56.820]  of the court if the defendant is in custody or under bond, notifying briefly the style
[16:56.820 --> 17:00.580]  of the criminal action.
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[19:00.460 --> 19:24.740]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:30.460 --> 19:56.740]  We'll be right back to the Logos Radio Network, Logos Radio Network, Logos Radio Network.
[19:56.740 --> 20:23.460]  Okay, we are back.
[20:23.460 --> 20:33.420]  Randy Kelton, Steve Skidmore, Rule of Law Radio, and Mr. Skidmore let me walk right
[20:33.420 --> 20:35.260]  off the cliff again.
[20:35.260 --> 20:38.580]  Well, it's because I wasn't here.
[20:38.580 --> 20:39.700]  That's no excuse.
[20:39.700 --> 20:44.380]  I still need somebody to blame it on, and you will do.
[20:44.380 --> 20:46.420]  Okay, fair enough.
[20:46.420 --> 20:50.060]  I just blabbed right over the cliff.
[20:50.060 --> 20:59.140]  Okay, I was talking about the Code of Criminal Procedure and how well it was put together,
[20:59.140 --> 21:05.300]  how we've got to 16.01 that says, the accused in a felony case shall have the right to an
[21:05.300 --> 21:11.500]  examining trial before indictment in the county having jurisdiction of the offense.
[21:11.500 --> 21:12.780]  That seems pretty clear.
[21:12.780 --> 21:20.900]  Now, this is Texas Code of Criminal Procedure, not to be confused with Texas Penal Code.
[21:20.900 --> 21:21.900]  Exactly.
[21:21.900 --> 21:29.100]  A failure to provide that would go to 39.03 Penal Code, which we'll get to later.
[21:29.100 --> 21:32.340]  Okay, that's the first one.
[21:32.340 --> 21:45.380]  Now we go to 20.22, and Steve, we're talking about the Corpus Juris and how it is very
[21:45.380 --> 21:49.900]  well structured.
[21:49.900 --> 21:57.260]  There are a number, in this case, this shows how a number of statutes in different places
[21:57.260 --> 21:59.300]  all fit together with one another.
[21:59.300 --> 22:00.300]  So 16.01.
[22:00.300 --> 22:04.900]  I've heard a lot of people say, man, we need new laws, man, we need a change.
[22:04.900 --> 22:06.300]  No, we don't.
[22:06.300 --> 22:09.420]  The laws are just fine the way they are.
[22:09.420 --> 22:12.340]  We just need them enforced the way they're written.
[22:12.340 --> 22:13.340]  Exactly.
[22:13.340 --> 22:15.340]  We need some lawyers to read them.
[22:15.340 --> 22:16.340]  Yeah.
[22:16.340 --> 22:17.340]  Okay.
[22:17.340 --> 22:24.080]  You have a statutory right to an examining trial before indictment.
[22:24.080 --> 22:33.340]  Now we go to the last statute in chapter 20, which defines the duties of the grand jury.
[22:33.340 --> 22:40.940]  21 tells the grand jury how they will present the presentment to the court.
[22:40.940 --> 22:45.780]  The foreman will appear before the clerk or the court with a quorum of the grand jury
[22:45.780 --> 22:51.100]  present and read the fact of the indictment, whether it's a true bill or no bill, and
[22:51.100 --> 22:53.580]  the clerk shall make notes in the minutes of the court.
[22:53.580 --> 22:54.580]  That's not exact.
[22:54.580 --> 22:58.860]  That's just kind of a paraphrase.
[22:58.860 --> 23:00.660]  20.22.
[23:00.660 --> 23:04.340]  The fact of a presentment of indictment by a grand jury shall be entered into the record
[23:04.340 --> 23:10.660]  of the court if the defendant is in custody or under bond, noting briefly the style of
[23:10.660 --> 23:16.680]  the criminal action, the file number of the indictment, and the defendant's name.
[23:16.680 --> 23:23.820]  If the defendant is not in custody or under bond at the time of the presentment of indictment,
[23:23.820 --> 23:31.580]  the indictment may not be made public and the entry in the record of the court relating
[23:31.580 --> 23:38.700]  to the indictment must be delayed until the capias is served and the defendant is placed
[23:38.700 --> 23:41.060]  in custody or under bond.
[23:41.060 --> 23:42.060]  Well…
[23:42.060 --> 23:44.060]  Define capias?
[23:44.060 --> 23:51.740]  A capias is a, I defined that last week and I think I've lost part of it, a capias is
[23:51.740 --> 24:00.820]  an order by a court ordering the arrest of an individual as opposed to a regular warrant.
[24:00.820 --> 24:03.900]  The warrant is generally issued by a magistrate.
[24:03.900 --> 24:11.300]  It can be issued by a trial judge, but maybe.
[24:11.300 --> 24:19.980]  The trial judge really can't get jurisdiction unless someone has already had an examining
[24:19.980 --> 24:20.980]  trial.
[24:20.980 --> 24:23.100]  We'll talk about that in a minute.
[24:23.100 --> 24:29.780]  But here it delays the entering of the fact of the indictment until the person has been
[24:29.780 --> 24:30.780]  arrested.
[24:30.780 --> 24:37.460]  Well, you go back to the accused in a felony case shall have the right to an examining
[24:37.460 --> 24:40.060]  trial before the indictment.
[24:40.060 --> 24:47.740]  The indictment is created, but it doesn't become a part of the record until the person
[24:47.740 --> 24:49.980]  has been arrested.
[24:49.980 --> 24:56.620]  And that's one that indicates how these two fit together.
[24:56.620 --> 25:01.860]  They can get the indictment according to this, but they can't enter it.
[25:01.860 --> 25:10.820]  Now let's back up to 19.27 Texas Code of Criminal Procedure.
[25:10.820 --> 25:13.480]  This is the impaneling of a grand jury.
[25:13.480 --> 25:16.060]  Any person may challenge.
[25:16.060 --> 25:22.460]  Before the grand jury has been impaneled, any person may challenge the array of jurors
[25:22.460 --> 25:26.400]  or any person presented as a grand juror.
[25:26.400 --> 25:33.260]  In no other way shall objections to the qualifications and legality of the grand jury be heard.
[25:33.260 --> 25:40.460]  Any person confined in jail in the county shall upon his request be brought into the
[25:40.460 --> 25:43.180]  court to make such challenge.
[25:43.180 --> 25:54.940]  Now in order to be able to effect the intent of this legislation, a person who is subject
[25:54.940 --> 26:07.980]  to indictment and who would have reason to challenge the panel must know of the charge
[26:07.980 --> 26:11.460]  in an impending indictment.
[26:11.460 --> 26:18.540]  The only way he can know of it is if he has had an examining trial and the judge in the
[26:18.540 --> 26:26.640]  examining trial in the case of a felony found probable cause.
[26:26.640 --> 26:35.420]  So we have three different statutes here that kind of stitch themselves together.
[26:35.420 --> 26:39.360]  So then we have case law.
[26:39.360 --> 26:48.580]  We have a case that in doing the case law work I came across a number of cases and for
[26:48.580 --> 26:55.860]  the most part what they said was it is well established that a defendant loses his right
[26:55.860 --> 27:01.180]  to an examining trial when he is indicted.
[27:01.180 --> 27:11.500]  This is Washington, a Whittington v. State, 1989 case.
[27:11.500 --> 27:18.740]  A Brown v. State, 1971 case, the return of an indictment terminates the right to an examining
[27:18.740 --> 27:21.260]  trial.
[27:21.260 --> 27:27.380]  Harris v. State, 1970, a pallet complains he was, I'm going to get too much of that.
[27:27.380 --> 27:34.140]  This one is rather long but it essentially says the same thing and it specifically cites
[27:34.140 --> 27:47.100]  Gooden v. State, Murphy v. State, Wallace, Telka, and Trussell and then walking back
[27:47.100 --> 27:54.300]  through them Trussell is the one most of them cite.
[27:54.300 --> 28:13.220]  Now go to Trussell, Trussell v. State, cause number 40259, a 1967 case prior to all of
[28:13.220 --> 28:22.100]  those others and they all refer, they refer one to the other and they refer down to Trussell
[28:22.100 --> 28:29.420]  and here's what Trussell says, the offensive robbery with firearms, punishment 15 years,
[28:29.420 --> 28:36.300]  trial was before a jury and plea of guilty, the state did not seek, I'm sorry, plea of
[28:36.300 --> 28:41.460]  not guilty, state did not seek the death penalty, appellate's ground for error is the failure
[28:41.460 --> 28:47.100]  of the trial judge to set aside the indictment because the appellate had been denied a preliminary
[28:47.100 --> 28:48.540]  hearing.
[28:48.540 --> 28:53.300]  The record reflects that the appellate was arrested for robbery and taken before a magistrate
[28:53.300 --> 28:58.660]  on January 10th, 1966 where he was advised of the nature of the charge of his rights.
[28:58.660 --> 29:06.440]  He asked for an examining trial and that counsel be appointed, counsel who represented him
[29:06.440 --> 29:12.080]  in his trial and represented him in this appeal was appointed.
[29:12.080 --> 29:18.740]  On the 13th of January 1966, the indictment was returned without any examining trial having
[29:18.740 --> 29:21.000]  been held.
[29:21.000 --> 29:29.900]  Appellant cites article 1601 CCP which would have us construe as depriving the grand jury
[29:29.900 --> 29:38.080]  of the authority to return an indictment prior to his being afforded an examining trial.
[29:38.080 --> 29:47.100]  The accused will leave you hanging until the other side.
[29:47.100 --> 29:53.860]  Brandy Kelton, Steve Skidmore, Rule of Law Radio, our call-in number 512-646-1984.
[29:53.860 --> 30:02.060]  We'll be right back.
[30:02.060 --> 30:06.860]  Search parties usually look for lost people, but in Iceland, one clueless group spent all
[30:06.860 --> 30:10.380]  night trying to find a woman who had mysteriously not disappeared.
[30:10.380 --> 30:16.940]  I'm Dr. Catherine Albrecht, back with a tale of the missing person who wasn't in a moment.
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[31:04.660 --> 31:07.220]  woman who got off the bus never came back.
[31:07.220 --> 31:12.180]  Worried, they put together a search party and spent hours combing the canyon.
[31:12.180 --> 31:17.020]  High and low, they hunted in vain until 3 a.m. the next morning when it finally dawned
[31:17.020 --> 31:20.300]  on Ms. Makeover that she'd been searching for herself.
[31:20.300 --> 31:26.180]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
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[32:02.140 --> 32:04.940]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:04.940 --> 32:08.540]  In today's America, we live in an us against them society and if we the people are ever
[32:08.540 --> 32:12.740]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:12.740 --> 32:15.940]  Among those rights are the right to travel freely from place to place, the right to act
[32:15.940 --> 32:19.660]  in our own private capacity and most importantly, the right to due process of law.
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[33:03.700 --> 33:09.420]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:09.420 --> 33:25.340]  Yes, I got a warrant and I'm going to serve them, to the government them, prosecute them.
[33:25.340 --> 33:26.340]  Okay.
[33:26.340 --> 33:42.660]  Well, I need a prosecutor to come and help me, prosecute them wicked leaders, you see.
[33:42.660 --> 33:52.220]  Them a murderer, liar, them tell we, them a liar, now tell six stories, better believe
[33:52.220 --> 33:57.340]  me, say what them tell we, three percent of America, vote for Bushy, so how do you get
[33:57.340 --> 33:58.340]  the presidency?
[33:58.340 --> 34:07.340]  Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking about
[34:07.340 --> 34:10.660]  due process.
[34:10.660 --> 34:20.460]  And the cases on which this decision is based, they all refer down to Trussell.
[34:20.460 --> 34:25.020]  Jerry Wayne Trussell v. State.
[34:25.020 --> 34:35.300]  And appellate site 16.01 CCP, which he would have us construe as depriving the grand jury
[34:35.300 --> 34:42.740]  of authority to return an indictment prior to his being afforded an examining trial.
[34:42.740 --> 34:53.620]  16.01 reads in part, the accused in felony case, in any felony case, shall have the right
[34:53.620 --> 35:02.060]  to an examining trial before indictment in the county having jurisdiction of the offense.
[35:02.060 --> 35:07.140]  Okay, sounds pretty clear to me.
[35:07.140 --> 35:12.900]  And here's their considered and exhaustive opinion, including all-
[35:12.900 --> 35:13.900]  Wait a minute.
[35:13.900 --> 35:14.900]  Wait a minute.
[35:14.900 --> 35:23.820]  Let's make a distinction here that the, or let's bring up the point that the statute
[35:23.820 --> 35:35.260]  stipulates that anyone accused of a felony shall, shall being imposes a duty, have the
[35:35.260 --> 35:37.860]  right.
[35:37.860 --> 35:40.900]  You cannot be deprived of a right.
[35:40.900 --> 35:48.940]  Okay, no, no, no, you're all wrong because this judge wouldn't render a stupid decision.
[35:48.940 --> 35:57.220]  You haven't heard his considered opinion with all his exhaustive points in authority showing
[35:57.220 --> 36:06.780]  how the law and showing the facts of the case and the law that shows how he applied the
[36:06.780 --> 36:08.660]  law to the facts in the case.
[36:08.660 --> 36:12.940]  Yeah, a good sound finding of facts and conclusions.
[36:12.940 --> 36:16.140]  Yeah, and here's his opinion.
[36:16.140 --> 36:18.140]  We see no error.
[36:18.140 --> 36:19.780]  Period.
[36:19.780 --> 36:22.900]  This is the decision on which all of these others are based.
[36:22.900 --> 36:27.300]  This is the one on which the court bases.
[36:27.300 --> 36:33.140]  It is well established that a defendant loses his right to an examining trial when he is
[36:33.140 --> 36:34.140]  indicted.
[36:34.140 --> 36:37.220]  So let's get this straight.
[36:37.220 --> 36:44.780]  A statute forbids an indictment prior to an examining trial.
[36:44.780 --> 36:53.180]  However, if the prosecutor violates the law relating to his office and in the process
[36:53.180 --> 36:57.420]  not denies a citizen in the full and free access to her enjoyment of a right, which
[36:57.420 --> 37:02.980]  would be a violation of 39.03 penal code, which is a Class A misdemeanor by the way,
[37:02.980 --> 37:12.500]  if he does that and seeks an indictment prior to an examining trial, then you necessarily
[37:12.500 --> 37:17.600]  lose that right to an examining trial and his criminal act somehow stops being a criminal
[37:17.600 --> 37:28.740]  act and the indictment somehow becomes valid and you can somehow post that indictment with
[37:28.740 --> 37:38.900]  the court and make it public before the accused even knows there is such a thing as an indictment
[37:38.900 --> 37:53.740]  in violation of the very specific prohibition in 20.22 and which would also have the effect
[37:53.740 --> 37:59.980]  of denying your right as granted under 19.27.
[37:59.980 --> 38:05.260]  So guys, explain how that works.
[38:05.260 --> 38:12.060]  A prosecutor can commit a crime and the commission of the crime denies you in a right.
[38:12.060 --> 38:20.120]  The lawyers for the governor stepped right over this, paid no attention to it.
[38:20.120 --> 38:27.020]  Now go back to 2.01 Code of Criminal Procedure.
[38:27.020 --> 38:36.980]  2.01 is the very first statute under duties of officers.
[38:36.980 --> 38:42.380]  First officer they address is the prosecuting attorney.
[38:42.380 --> 38:49.580]  Duties of, specifically district attorneys, duties of district attorneys.
[38:49.580 --> 38:55.880]  Each district attorney shall represent the state in all criminal cases in the district
[38:55.880 --> 39:02.500]  courts of his district and in appeals therefrom except in cases where he's been before his
[39:02.500 --> 39:04.860]  election employed adversely.
[39:04.860 --> 39:12.300]  When any criminal proceeding has been before an examining court, when any criminal proceeding
[39:12.300 --> 39:18.260]  is had before an examining court in his district or before a judge upon habeas corpus and he
[39:18.260 --> 39:23.940]  is notified of the same and is at the time within the district he shall represent the
[39:23.940 --> 39:29.060]  state therein unless prevented by other official duties.
[39:29.060 --> 39:31.340]  Now we get to the good part.
[39:31.340 --> 39:40.100]  It shall be the primary duty of all prosecuting attorneys, including any special prosecutor,
[39:40.100 --> 39:44.280]  not to convict but to see that justice is done.
[39:44.280 --> 39:50.900]  They shall not suppress facts or secret witnesses capable of establishing the innocence of the
[39:50.900 --> 39:52.060]  accused.
[39:52.060 --> 39:55.860]  They shall not suppress facts.
[39:55.860 --> 40:01.020]  Okay, let's back up to 16.01.
[40:01.020 --> 40:09.220]  16.01 guarantees the right to an examining trial and what happens in an examining trial?
[40:09.220 --> 40:18.780]  I won't go through the whole chapter but the very first thing is the chapter authorizes
[40:18.780 --> 40:21.500]  before any evidence is entered.
[40:21.500 --> 40:25.660]  It authorizes the accused to make a statement.
[40:25.660 --> 40:32.420]  Now it warns him that the statement can be used against him but he has a right to make
[40:32.420 --> 40:39.700]  that statement prior to any evidence being entered in the court.
[40:39.700 --> 40:50.460]  And then all the testimony of witnesses is required to be taken down in writing, checked
[40:50.460 --> 40:59.500]  over by the witness and signed by the witness and entered into the court record.
[40:59.500 --> 41:08.980]  And you might watch me, Steve, my color page lost its timer, so there it came back.
[41:08.980 --> 41:13.860]  So at an examining trial you have a right to enter exculpatory evidence and all the
[41:13.860 --> 41:20.700]  evidence entered against you at the examining trial is required to be reduced to writing,
[41:20.700 --> 41:24.220]  signed by the witness and kept record in the court.
[41:24.220 --> 41:32.900]  And then 17.30 Texas Code of Criminal Procedure requires that the magistrate after an examining
[41:32.900 --> 41:41.060]  trial seal all documents had in the hearing, including the complaint and statement of witnesses
[41:41.060 --> 41:47.820]  and all other documents shall be sealed up in an envelope with his name written across
[41:47.820 --> 41:56.740]  the seal of the envelope and he shall forward it to the clerk of the Board of Jurisdiction.
[41:56.740 --> 42:03.260]  17.31 requires that the clerk keep all those papers and deliver them up to the next grand
[42:03.260 --> 42:04.260]  jury.
[42:04.260 --> 42:12.620]  So what that would do is put exculpatory evidence in the hand of the grand jury when the prosecutor
[42:12.620 --> 42:16.140]  went to get an indictment.
[42:16.140 --> 42:23.640]  So in this case, instead of the prosecutor following law and ensuring that a warrant
[42:23.640 --> 42:31.780]  was issued after a complaint was made, take the complaint, reduce it to an information,
[42:31.780 --> 42:41.580]  and then present it to some magistrate as required by Article 2.03 or 2.04 and 5.
[42:41.580 --> 42:45.500]  Then the person should be arrested, brought before the magistrate, have another examining
[42:45.500 --> 42:50.740]  trial because the first one is ex parte, the whole examining trial and all the evidence
[42:50.740 --> 42:55.540]  is sealed up in an envelope and forwarded to the clerk who forwards it to the grand
[42:55.540 --> 42:57.540]  jury.
[42:57.540 --> 42:58.860]  Then he goes and gets the indictment.
[42:58.860 --> 43:02.700]  In this case, he just went straight to indictment.
[43:02.700 --> 43:10.140]  So the accused never got opportunity to enter exculpatory evidence and that was exactly
[43:10.140 --> 43:16.580]  the purpose of the prosecutor going straight to indictment.
[43:16.580 --> 43:22.860]  Even though to do so, he has to violate a number of laws.
[43:22.860 --> 43:25.820]  The governor should shoot his lawyers.
[43:25.820 --> 43:32.460]  Okay, I'm going to finish that up and we've got three callers.
[43:32.460 --> 43:42.860]  We'll take those and then Steve has an issue that he wanted to talk about and we will go
[43:42.860 --> 43:45.860]  to that as soon as we get done with these two callers.
[43:45.860 --> 43:47.380]  That work for you, Steve?
[43:47.380 --> 43:49.700]  That works for me.
[43:49.700 --> 43:53.100]  That's because I bushwhacked you on the air and you couldn't say nothing else because
[43:53.100 --> 43:55.100]  that's the kind of guy I am.
[43:55.100 --> 43:56.100]  We'll be right back.
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[44:42.900 --> 45:01.100]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.100 --> 45:04.300]  Are you the plaintiff or defendant in a lawsuit?
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[45:49.700 --> 45:52.300]  pro se tactics and much more.
[45:52.300 --> 46:09.980]  Please visit RuleOfLawRadio.com and click on the banner or call toll-free, 866-LAW-EASY.
[46:22.300 --> 46:29.260]  Always, I must be careful what I'm wishing for.
[46:29.260 --> 46:35.020]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.020 --> 46:41.420]  I ain't asking for much, I ain't trying to be no glutton.
[46:41.420 --> 46:46.220]  I'm just here making my living, pushing buttons.
[46:46.220 --> 46:52.540]  I'll give my message out to anyone in shouting distance.
[46:52.540 --> 46:58.220]  I vote for bravery and against slavery, showing resistance.
[46:58.220 --> 47:02.540]  First I'm crawling, then I'm walking, then I start struggling.
[47:02.540 --> 47:04.540]  Okay, we are back.
[47:04.540 --> 47:09.980]  Randy Kelton, Steve Skidmore, Rule of Law Radio and we're going to take some calls.
[47:09.980 --> 47:12.220]  We're going to go to Andy in Texas.
[47:12.220 --> 47:15.340]  Hello Andy, what do you have for us today?
[47:15.340 --> 47:21.020]  Well, actually, I really appreciate the information you guys are putting out.
[47:21.020 --> 47:24.380]  The last several shows have been really great with the due process, you know, walking us
[47:24.380 --> 47:26.460]  down through the code and everything else.
[47:26.460 --> 47:30.700]  This is a little bit off topic.
[47:30.700 --> 47:33.340]  In the same line though, it's about law.
[47:33.340 --> 47:37.300]  I'd like for you to, if you could- Then it's not too far off topic.
[47:37.300 --> 47:38.900]  It's not exactly.
[47:38.900 --> 47:47.100]  If it's too far off topic, we tend to energize our mic tasers.
[47:47.100 --> 47:49.700]  You got one of those that works, my batteries are out.
[47:49.700 --> 47:51.180]  No, no, go ahead.
[47:51.180 --> 47:52.180]  We're just teasing.
[47:52.180 --> 47:53.180]  I got a shield against those.
[47:53.180 --> 47:54.180]  I got a shield.
[47:54.180 --> 47:55.180]  I can be shielded against that stuff.
[47:55.180 --> 47:56.180]  Ah, he's got a shield.
[47:56.180 --> 47:58.180]  The police tasers, they take me down every time-
[47:58.180 --> 48:00.180]  Set your wife aside.
[48:00.180 --> 48:01.180]  Right.
[48:01.180 --> 48:03.460]  How'd you know?
[48:03.460 --> 48:06.900]  You're on the wrong side.
[48:06.900 --> 48:08.980]  You're a man, aren't you?
[48:08.980 --> 48:14.540]  No, you guys are not in the Austin area, but in the last couple of days, actually in the
[48:14.540 --> 48:15.540]  afternoon.
[48:15.540 --> 48:16.540]  Oh, you are?
[48:16.540 --> 48:19.980]  Well, then you have the wonderful new law.
[48:19.980 --> 48:21.420]  They keep calling it law.
[48:21.420 --> 48:23.020]  The city council passed.
[48:23.020 --> 48:27.900]  They were even referring to it when they were debating amongst themselves on tape, on camera,
[48:27.900 --> 48:28.900]  they were calling it law.
[48:28.900 --> 48:31.580]  Well, this law should apply to bicycles as well as cars.
[48:31.580 --> 48:33.140]  Well, okay, then we'll make the law.
[48:33.140 --> 48:35.420]  These guys, it's an ordinance.
[48:35.420 --> 48:40.500]  Anyhow, they passed an ordinance that bans all cell phone use while your car is rolling
[48:40.500 --> 48:43.300]  while it's moving.
[48:43.300 --> 48:51.140]  Also didn't they also include in traffic that is stop-to-stop lights and such?
[48:51.140 --> 48:52.140]  Exactly.
[48:52.140 --> 48:53.780]  I think they did.
[48:53.780 --> 48:59.260]  Except for taxi cabs, but they decided to allow taxi cabs to use their cell phones because
[48:59.260 --> 49:00.260]  they're at work.
[49:00.260 --> 49:04.220]  Now, how many other people are driving because they're not traveling?
[49:04.220 --> 49:08.580]  They're vehicles because they're not in a private car for work on the streets that are
[49:08.580 --> 49:11.180]  probably going, hey, this isn't fair.
[49:11.180 --> 49:16.100]  But my question is, Randy, could you spend some time going down through city ordinances,
[49:16.100 --> 49:20.780]  how they apply or do not apply to most people and give us a, you know, take a little time
[49:20.780 --> 49:21.780]  out of your show to go over that?
[49:21.780 --> 49:23.420]  I really would appreciate it.
[49:23.420 --> 49:32.900]  Well, if we talk to Eddie Craig, he's going to say that the constitution authorized the
[49:32.900 --> 49:41.380]  legislation, the legislature to create law.
[49:41.380 --> 49:47.780]  They did not authorize the legislature to delegate that authority.
[49:47.780 --> 49:55.980]  Therefore, a municipality cannot make law, a county cannot make law.
[49:55.980 --> 49:59.100]  They can only make ordinance.
[49:59.100 --> 50:08.180]  And ordinance only applies to the corporation, the county corporation, the municipal corporation
[50:08.180 --> 50:12.340]  and employees thereof.
[50:12.340 --> 50:22.020]  Where does a municipal corporation get the power to adhere me to a contract with the
[50:22.020 --> 50:32.900]  corporation that automatically waives my rights such that I am subject to the municipal or
[50:32.900 --> 50:38.700]  county ordinances?
[50:38.700 --> 50:42.980]  I don't know where they got that.
[50:42.980 --> 50:44.660]  That's my first argument.
[50:44.660 --> 50:55.340]  And then we look at cell phone use, that's private behavior.
[50:55.340 --> 51:06.300]  And I would say that that infringes on my rights to do whatever I want to.
[51:06.300 --> 51:12.820]  Okay, let me play the devil's advocate.
[51:12.820 --> 51:22.300]  Where in statute are you allowed to endanger those around you?
[51:22.300 --> 51:23.940]  Wrong question.
[51:23.940 --> 51:28.540]  Good, thank you.
[51:28.540 --> 51:33.180]  By playing devil's advocate, that's probably going to be the first argument coming out
[51:33.180 --> 51:38.660]  of a prosecuting attorney's mouth is that you don't have the right to endanger others
[51:38.660 --> 51:41.580]  around you on the public right away.
[51:41.580 --> 51:47.580]  Objection assumes a fact, not an evidence.
[51:47.580 --> 51:56.820]  It assumes that I may only do what statute allows me to do.
[51:56.820 --> 52:06.820]  The prosecutor is mistaken in that while the prosecutor may only do what the statute allows
[52:06.820 --> 52:14.820]  him to do, I am not the prosecutor, I am not the servant, I am the master.
[52:14.820 --> 52:26.460]  And I may do anything I want to so long as the statutes do not constitutionally restrict
[52:26.460 --> 52:28.380]  me in that behavior.
[52:28.380 --> 52:37.700]  And this borders very close on a violation of a constitutional restriction.
[52:37.700 --> 52:46.460]  This is limiting my ability to communicate and I can't see how that cannot go to First
[52:46.460 --> 52:51.380]  Amendment.
[52:51.380 --> 52:57.640]  That would prevent me from making a 911 call.
[52:57.640 --> 53:06.260]  ability to commit interfering with a 911 call is a felony in the state of Texas.
[53:06.260 --> 53:17.500]  This city ordinance conflicts with state law and therefore must necessarily be void.
[53:17.500 --> 53:21.020]  That's my argument off the top of my head if I thought about it a while, I'd probably
[53:21.020 --> 53:25.340]  come up with more and I'm sure Eddie Craig can come up with some more too.
[53:25.340 --> 53:32.380]  This goes to an age-old argument of where do my rights end and your rights begin and
[53:32.380 --> 53:33.380]  vice versa.
[53:33.380 --> 53:34.380]  Hold on.
[53:34.380 --> 53:43.220]  When we say whites, I've learned to be a little uncomfortable with that because when
[53:43.220 --> 53:50.300]  we say whites, we imply stipulated rights.
[53:50.300 --> 53:56.220]  Where does my sovereignty end?
[53:56.220 --> 54:00.940]  Because I have the right to do anything I want to, whether it's in law or not in law,
[54:00.940 --> 54:05.580]  I can do anything I want to unless it's specifically restricted.
[54:05.580 --> 54:15.500]  And where does the municipality get the authority to impinge my rights?
[54:15.500 --> 54:19.340]  They have to have that authority specifically.
[54:19.340 --> 54:21.340]  I don't know where they got it.
[54:21.340 --> 54:24.460]  Andy, we stepped on you.
[54:24.460 --> 54:30.260]  Yeah, I was pointing out that they say that you can use your cell phone as long as you're
[54:30.260 --> 54:34.940]  hands-free, but not everybody's got hands-free devices necessarily.
[54:34.940 --> 54:35.940]  Okay.
[54:35.940 --> 54:36.940]  Wait a minute.
[54:36.940 --> 54:37.940]  Wait a minute.
[54:37.940 --> 54:38.940]  I misunderstood.
[54:38.940 --> 54:40.260]  Hold on.
[54:40.260 --> 54:53.380]  So you're saying that the statute stipulates, the ordinance stipulates that it only restricts
[54:53.380 --> 55:02.900]  the use of a cell phone in your hand while you're operating a motorized conveyance?
[55:02.900 --> 55:04.620]  Not necessarily.
[55:04.620 --> 55:13.060]  What it says is you can have the phone, the way I take the ordinance to say is you can
[55:13.060 --> 55:21.740]  have your cell phone in your hand so long as you got it on speakerphone, because you
[55:21.740 --> 55:26.780]  can put it in your lap, you can still hear the conversation, you can still speak, but
[55:26.780 --> 55:29.180]  your hands are free.
[55:29.180 --> 55:30.900]  Okay.
[55:30.900 --> 55:39.660]  So it doesn't restrict your, it doesn't arbitrarily restrict your ability to use the cell phone.
[55:39.660 --> 55:44.300]  It merely puts conditions on how you may use that cell phone.
[55:44.300 --> 55:45.420]  That's the way I take it.
[55:45.420 --> 55:46.420]  Correct.
[55:46.420 --> 55:48.140]  Andy, is that the way you take it?
[55:48.140 --> 55:53.580]  Yes, that is actually, unless your taxi cab drivers don't have to abide by this.
[55:53.580 --> 55:55.780]  Now you see they've carved out, they'll carve out.
[55:55.780 --> 55:56.940]  That's where the bad stuff begins.
[55:56.940 --> 55:58.780]  You know, it either applies to your body or it doesn't.
[55:58.780 --> 55:59.780]  That's what I've seen.
[55:59.780 --> 56:03.500]  Actually, it shouldn't apply to anybody, it's an ordinance.
[56:03.500 --> 56:04.500]  Yeah.
[56:04.500 --> 56:06.740]  And I tend to agree with that.
[56:06.740 --> 56:11.660]  And while I- Wait a minute, wait a minute, wait a minute.
[56:11.660 --> 56:22.580]  Would the cab driver be a part of a municipality if he has license or permit issued by that
[56:22.580 --> 56:23.580]  municipality?
[56:23.580 --> 56:24.580]  No.
[56:24.580 --> 56:25.580]  No.
[56:25.580 --> 56:26.580]  Municipalities don't issue it.
[56:26.580 --> 56:27.580]  Isn't that a state issue?
[56:27.580 --> 56:28.580]  Oh, I'm sorry.
[56:28.580 --> 56:29.580]  I'm sorry Steve.
[56:29.580 --> 56:33.620]  Does the municipality issue a permit?
[56:33.620 --> 56:38.500]  The city of Austin- Or is it like a county or something?
[56:38.500 --> 56:41.340]  I believe- The city-
[56:41.340 --> 56:42.340]  Go ahead, Andy.
[56:42.340 --> 56:47.500]  The city of Austin does have a specific department that handles the taxi cab permits.
[56:47.500 --> 56:50.340]  Yes, they have a HAC license for the individual driver.
[56:50.340 --> 56:54.740]  But they didn't- Okay, then the cab driver is under contract
[56:54.740 --> 56:57.300]  with the municipality.
[56:57.300 --> 57:02.860]  If it's in his contract, they can apply the ordinances to him.
[57:02.860 --> 57:04.460]  But they exclude him.
[57:04.460 --> 57:05.460]  They don't apply.
[57:05.460 --> 57:06.460]  Right.
[57:06.460 --> 57:09.580]  That's exactly opposite.
[57:09.580 --> 57:15.900]  They exclude him while they try to apply it with a broad brush to everybody else.
[57:15.900 --> 57:16.900]  Yeah.
[57:16.900 --> 57:20.420]  Okay, for those listening- With the texting.
[57:20.420 --> 57:30.100]  The argument or the discussion we're having here is not about whether or not the ordinance
[57:30.100 --> 57:34.100]  would serve a valuable purpose concerning safety.
[57:34.100 --> 57:36.860]  That's a separate issue.
[57:36.860 --> 57:45.700]  And we're not insensitive to safety here because before we all understand the dangers
[57:45.700 --> 57:51.260]  this presents and how dangerous automobiles are and we're hurling down the road in 3,000
[57:51.260 --> 57:55.140]  pounds of iron and we really, really need to be careful.
[57:55.140 --> 58:02.780]  What we're going to here is how is this to be handled?
[58:02.780 --> 58:10.660]  Is this to be handled by the municipality in the way that is most administratively convenient
[58:10.660 --> 58:14.620]  to the municipality?
[58:14.620 --> 58:20.420]  Or is there another way under law that it should and must be handled?
[58:20.420 --> 58:23.220]  That's kind of the gist of our issue.
[58:23.220 --> 58:26.260]  We'll be back on the other side to pick this up.
[58:26.260 --> 58:33.660]  This is Randy Keltner, Steve Skidmore, Rula Radio, our call-in number, 512-646-1984.
[58:33.660 --> 58:34.660]  Give us a call.
[58:34.660 --> 58:37.800]  We'll have the phone lines open all night.
[58:37.800 --> 58:41.420]  And we have one more issue we want to talk about I think you'll find real interested.
[58:41.420 --> 58:43.540]  So stay tuned.
[58:43.540 --> 58:44.540]  Touch that dial.
[58:44.540 --> 58:50.260]  We'll be right back.
[58:50.260 --> 58:54.420]  Would you like to make more definite progress in your walk with God?
[58:54.420 --> 58:59.580]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.580 --> 59:00.940]  can really help.
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[59:05.380 --> 59:06.380]  today.
[59:06.380 --> 59:10.300]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.300 --> 59:13.400]  to know God and to know the meaning of life.
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[59:32.860 --> 59:45.220]  Life, call Bibles for America toll free at 888-551-0102.
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[01:00:03.160 --> 01:00:07.620]  This is the Liberty Beat, your daily source for Liberty News and activist updates, online
[01:00:07.620 --> 01:00:09.320]  at thelibertybeat.com.
[01:00:09.320 --> 01:00:13.780]  I'm Bryan Hagen with your Liberty Beat for Friday, August 29, 2014.
[01:00:13.780 --> 01:00:16.540]  Gold opened today at $1,285.
[01:00:16.540 --> 01:00:22.180]  Silver opened at $19.49, while Bitcoin is trading around $508.39.
[01:00:22.180 --> 01:00:27.340]  Support for Liberty Beat comes from Central Texas Gunworks, your online source for firearms,
[01:00:27.340 --> 01:00:29.620]  firearm accessories, and ammunition.
[01:00:29.620 --> 01:00:32.740]  They take major credit cards and now accept Bitcoin.
[01:00:32.740 --> 01:00:36.820]  Visit them online at shop.centraltexasgunworks.com.
[01:00:36.820 --> 01:00:40.820]  In the news, in the wake of the Michael Brown shooting in Ferguson, Missouri, activists
[01:00:40.820 --> 01:00:45.140]  across the country are looking for solutions to the problem of police brutality.
[01:00:45.140 --> 01:00:47.940]  Some groups are calling for political action to deal with the issue.
[01:00:47.940 --> 01:00:52.140]  Others are circumventing the political channels altogether and taking direct action.
[01:00:52.140 --> 01:00:55.740]  One group doing just that is the Huey P. Newton Gun Club.
[01:00:55.740 --> 01:00:59.500]  Named after the late co-founder of the Black Panther Party, the Huey P. Newton Gun Club
[01:00:59.500 --> 01:01:03.780]  organized an open carry march in downtown Dallas, Texas this week.
[01:01:03.780 --> 01:01:06.940]  Organizers of the demonstration say their purpose is twofold, to protect the people
[01:01:06.940 --> 01:01:10.620]  of their communities from the police and to educate the public about their right to keep
[01:01:10.620 --> 01:01:13.940]  and bear arms.
[01:01:13.940 --> 01:01:17.940]  After being denied in an appeals court, opponents of Houston's Equal Rights Ordinance are asking
[01:01:17.940 --> 01:01:23.140]  the Texas Supreme Court to help them in their efforts to force a referendum on the law.
[01:01:23.140 --> 01:01:27.180]  On Tuesday, opponents of the law filed a request seeking to have the court force the city to
[01:01:27.180 --> 01:01:30.220]  suspend the measure until another vote takes place.
[01:01:30.220 --> 01:01:35.220]  The law, which passed in May, bans discrimination based on sexual orientation and gender identity,
[01:01:35.220 --> 01:01:38.980]  as well as other factors.
[01:01:38.980 --> 01:01:41.260]  Is Austin, Texas becoming a nanny state?
[01:01:41.260 --> 01:01:45.720]  Well that's the question many are asking after two pieces of legislation were passed at Thursday's
[01:01:45.720 --> 01:01:49.260]  city council meeting, further restricting the liberties and property rights of Austin
[01:01:49.260 --> 01:01:50.260]  residents.
[01:01:50.260 --> 01:01:54.020]  The council unanimously passed legislation banning motorists from using cell phones while
[01:01:54.020 --> 01:01:55.020]  driving.
[01:01:55.020 --> 01:01:58.660]  Well that follows an ordinance passed in 2010 that banned texting while driving.
[01:01:58.660 --> 01:02:02.660]  On top of that, an ordinance authored by Chris Riley, which requires businesses in Austin
[01:02:02.660 --> 01:02:07.420]  with single stall bathrooms to label the bathroom as gender neutral, also passed.
[01:02:07.420 --> 01:02:11.380]  The legislation is intended to make transgender people feel more comfortable, but some Austin
[01:02:11.380 --> 01:02:14.780]  residents think the city has bigger issues to deal with.
[01:02:14.780 --> 01:02:17.740]  Support for the Liberty Beat comes from My Magic Mud.
[01:02:17.740 --> 01:02:19.220]  All natural teeth whitener.
[01:02:19.220 --> 01:02:23.780]  Go to MyMagicMud.com to hear a short interview with Dr. Griffin Cole.
[01:02:23.780 --> 01:02:26.120]  That's MyMagicMud.com.
[01:02:26.120 --> 01:02:32.660]  And support comes from Midas Resources Incorporated, helping clients convert their paper, 401Ks
[01:02:32.660 --> 01:02:36.380]  and IRAs to solid gold and silver.
[01:02:36.380 --> 01:02:43.500]  Get their 10 reason books free by calling 800-686-2237.
[01:02:43.500 --> 01:02:48.580]  That's 1-800-686-2237.
[01:02:48.580 --> 01:02:53.860]  This is the Liberty Beat for Friday, August 29th, 2014.
[01:02:53.860 --> 01:02:57.060]  Make sure you check out our website at thelibertybeat.com.
[01:02:57.060 --> 01:03:20.900]  It's all according to the will of the almighty I read his book and it says he cares not for
[01:03:20.900 --> 01:03:21.900]  the unsightly These warmongers come by that term Riley
[01:03:21.900 --> 01:03:34.780]  I won't pay for the war with my body Ain't gonna pay for the car with my money
[01:03:34.780 --> 01:03:41.340]  I won't pay for the fun with my body There's plans wicked and their logic shoddy
[01:03:41.340 --> 01:03:48.100]  Okay, we lost the color on the ordinance issue.
[01:03:48.100 --> 01:03:55.980]  And before we go on to a different subject, I'd like to say that you folks out there behind
[01:03:55.980 --> 01:04:02.180]  the wheels of your car, take yourself, your children and those around you into consideration
[01:04:02.180 --> 01:04:05.820]  when it comes to texting and talking on the telephone.
[01:04:05.820 --> 01:04:09.300]  It is definitely not the safest thing in the world to do.
[01:04:09.300 --> 01:04:20.860]  There are some horrific, literally horrific examples of what happens when somebody's attention
[01:04:20.860 --> 01:04:24.020]  is turned away from the road all over YouTube.
[01:04:24.020 --> 01:04:29.980]  There are literally mangled bodies on the street.
[01:04:29.980 --> 01:04:35.080]  In one video that I saw, that was a direct result of somebody not somebody paying more
[01:04:35.080 --> 01:04:39.840]  attention to their cell phone than they were to the road in front of them.
[01:04:39.840 --> 01:04:45.940]  Texting and being behind the wheel of a moving car can prove to be fatal.
[01:04:45.940 --> 01:04:50.700]  So exercise your rights by all means.
[01:04:50.700 --> 01:04:55.620]  But please, please, please keep safety in mind.
[01:04:55.620 --> 01:05:01.540]  And if you need to talk to somebody, if you need to check your phone, pull over.
[01:05:01.540 --> 01:05:07.400]  What's it going to hurt to pull over in a parking lot or something and then text?
[01:05:07.400 --> 01:05:08.960]  It won't hurt a thing.
[01:05:08.960 --> 01:05:12.540]  It could save someone's life, if not your own.
[01:05:12.540 --> 01:05:17.580]  Please, please, please do not text and drive.
[01:05:17.580 --> 01:05:25.700]  And it can also, if you have aluminum rims on your car, it can crack one of your rims.
[01:05:25.700 --> 01:05:27.380]  How so?
[01:05:27.380 --> 01:05:29.380]  When you launch off an entrance ramp.
[01:05:29.380 --> 01:05:30.380]  Oh yes.
[01:05:30.380 --> 01:05:32.140]  You're looking at your phone.
[01:05:32.140 --> 01:05:35.700]  Now ask me how I know that.
[01:05:35.700 --> 01:05:38.620]  I think I already know the answer to that.
[01:05:38.620 --> 01:05:40.860]  It was a wake up call.
[01:05:40.860 --> 01:05:42.760]  Yeah, literally.
[01:05:42.760 --> 01:05:43.900]  And I wasn't even talking.
[01:05:43.900 --> 01:05:45.980]  I was just trying to get it turned on.
[01:05:45.980 --> 01:05:49.460]  And it was, I glanced down a half a second in the road.
[01:05:49.460 --> 01:05:54.660]  It was at night and the road just turned out from under me and I wasn't paying close enough
[01:05:54.660 --> 01:05:56.580]  attention and launched.
[01:05:56.580 --> 01:06:01.100]  That's all it takes is a split second and somebody's dead.
[01:06:01.100 --> 01:06:02.100]  Okay.
[01:06:02.100 --> 01:06:04.940]  We're going to go to Chris in Pennsylvania.
[01:06:04.940 --> 01:06:06.740]  Hello, Mr. Chris.
[01:06:06.740 --> 01:06:08.420]  Hello, Randy.
[01:06:08.420 --> 01:06:09.820]  How are you?
[01:06:09.820 --> 01:06:10.880]  I am good.
[01:06:10.880 --> 01:06:13.900]  You got good news about your case?
[01:06:13.900 --> 01:06:23.020]  Well, since we talked last, one thing came to light and we were talking, I think on the
[01:06:23.020 --> 01:06:32.820]  27th of last month about the bankruptcy and the filing for the stay.
[01:06:32.820 --> 01:06:41.060]  And we re-looked at all of the paperwork and we found that the bank actually asked right
[01:06:41.060 --> 01:06:46.260]  after we filed for the bankruptcy, took the assignment and then asked for the stay.
[01:06:46.260 --> 01:06:49.740]  No, no, no, no, no.
[01:06:49.740 --> 01:06:51.660]  The stay is automatic.
[01:06:51.660 --> 01:06:56.980]  What they asked for was a lift or relief from stay.
[01:06:56.980 --> 01:06:57.980]  Right.
[01:06:57.980 --> 01:07:03.580]  The stay is automatically in place the very moment you're filed.
[01:07:03.580 --> 01:07:04.580]  Right.
[01:07:04.580 --> 01:07:09.260]  And that's what we were looking at, but we had the gates mixed up between the three pieces
[01:07:09.260 --> 01:07:10.620]  of paper.
[01:07:10.620 --> 01:07:12.780]  They're asking for the state to be lifted.
[01:07:12.780 --> 01:07:20.460]  They're filing the assignment and us filing the bankruptcy.
[01:07:20.460 --> 01:07:26.700]  So we've come to the conclusion that they actually took the assignment right after we
[01:07:26.700 --> 01:07:36.120]  filed for bankruptcy where there was a stay, which prevented that.
[01:07:36.120 --> 01:07:40.620]  Go through that one more time very carefully.
[01:07:40.620 --> 01:07:44.660]  You filed bankruptcy, that created the stay.
[01:07:44.660 --> 01:07:50.100]  Then there was an assignment and the assignee filed for a lift of stay.
[01:07:50.100 --> 01:07:52.340]  Is that correct?
[01:07:52.340 --> 01:07:56.580]  Let me ask a question on stay.
[01:07:56.580 --> 01:08:01.020]  What precisely is stayed?
[01:08:01.020 --> 01:08:09.500]  Stayed is any attempts to collect a debt or any property associated with a debt.
[01:08:09.500 --> 01:08:10.500]  Okay.
[01:08:10.500 --> 01:08:19.180]  And if I understand where Chris is going, Chris, are you going to the point that the
[01:08:19.180 --> 01:08:27.300]  bank was unable, was stopped from transferring the security instrument?
[01:08:27.300 --> 01:08:28.300]  Correct.
[01:08:28.300 --> 01:08:34.500]  Ah, see, transferring the security instrument doesn't go to commercial.
[01:08:34.500 --> 01:08:35.500]  I see.
[01:08:35.500 --> 01:08:36.500]  Correct.
[01:08:36.500 --> 01:08:37.980]  You're absolutely right.
[01:08:37.980 --> 01:08:43.140]  That would not necessarily stop a party from assigning anything.
[01:08:43.140 --> 01:08:50.560]  It would have stopped the assignee from attempting to collect anything.
[01:08:50.560 --> 01:08:52.540]  Which is basically what an assignment is.
[01:08:52.540 --> 01:08:55.460]  If I'm assigning it to you, you're paying me for the mortgage.
[01:08:55.460 --> 01:08:57.100]  No, no, no, no.
[01:08:57.100 --> 01:09:00.100]  Assignment is a transfer of holder status.
[01:09:00.100 --> 01:09:01.580]  It's not a collection activity.
[01:09:01.580 --> 01:09:02.580]  Correct.
[01:09:02.580 --> 01:09:09.740]  It may lead to a collection activity, but it's not one on its face.
[01:09:09.740 --> 01:09:12.420]  So does that make sense?
[01:09:12.420 --> 01:09:13.420]  That makes sense.
[01:09:13.420 --> 01:09:17.980]  I thought under bankruptcy code, though, you were unable to do anything with, once you've
[01:09:17.980 --> 01:09:27.600]  entered into bankruptcy, like taking an assignment, transferring, no, no, no, no.
[01:09:27.600 --> 01:09:30.380]  They can still transfer if there's a stay in place.
[01:09:30.380 --> 01:09:33.380]  They just can't collect.
[01:09:33.380 --> 01:09:35.380]  Okay.
[01:09:35.380 --> 01:09:37.380]  Okay.
[01:09:37.380 --> 01:09:42.580]  So, did we throw a monkey wrench in your works?
[01:09:42.580 --> 01:09:44.860]  Did we screw things up there?
[01:09:44.860 --> 01:09:45.860]  Not really.
[01:09:45.860 --> 01:09:46.860]  No, not really.
[01:09:46.860 --> 01:09:52.220]  We were just looking at the fact, you know, why the bank would take an assignment if you're
[01:09:52.220 --> 01:09:57.980]  in bank, you know, while we're in bankruptcy and foreclosure, that's still the issue.
[01:09:57.980 --> 01:10:05.540]  Has this bank, prior to this time, taken any collection actions?
[01:10:05.540 --> 01:10:10.660]  Well, they keep sending us letters telling us that, you know, they're trying to collect
[01:10:10.660 --> 01:10:11.660]  the money.
[01:10:11.660 --> 01:10:17.820]  Did they, you know, prior to receiving the assignment, did they take any action toward
[01:10:17.820 --> 01:10:18.820]  collection?
[01:10:18.820 --> 01:10:19.820]  Yes.
[01:10:19.820 --> 01:10:26.340]  Then you might file an FDCPA suit against them.
[01:10:26.340 --> 01:10:33.960]  The effect of the assignment is tantamount to stipulation that they lacked authority
[01:10:33.960 --> 01:10:40.020]  to make the collection attempts they were making prior to the assignment.
[01:10:40.020 --> 01:10:41.020]  Right.
[01:10:41.020 --> 01:10:47.260]  And you hope you got a whole bunch of them at 1,500 bucks a crack.
[01:10:47.260 --> 01:10:48.260]  Well we do.
[01:10:48.260 --> 01:10:54.860]  We have probably about 35 of them, I believe.
[01:10:54.860 --> 01:11:02.900]  That'll get you about 50 grand, 45 for 35, that'll get you about 50 grand.
[01:11:02.900 --> 01:11:08.020]  Well I wanted to ask a question of, I tried to get on last week, you guys, you played
[01:11:08.020 --> 01:11:15.380]  a repeat of a show, and I had some discovery questions.
[01:11:15.380 --> 01:11:22.940]  We were in this discovery mode, which is surely a really interesting thing, trying to get
[01:11:22.940 --> 01:11:27.700]  evidence into the case.
[01:11:27.700 --> 01:11:32.620]  And when we're looking at what we have as far as the mortgage, I'm probably going to
[01:11:32.620 --> 01:11:35.140]  ask a really stupid question.
[01:11:35.140 --> 01:11:36.140]  No such thing.
[01:11:36.140 --> 01:11:40.740]  The only stupid question is the one never asked.
[01:11:40.740 --> 01:11:45.740]  Well when you have, this part is just kind of, when you look at all of the things that
[01:11:45.740 --> 01:11:52.180]  we're doing and we acquire something that requires a signature and all the UCC laws
[01:11:52.180 --> 01:11:58.580]  require, you know, this transfer to be proper based on this person signing and handing to
[01:11:58.580 --> 01:12:04.180]  the person to make it a proper assignment.
[01:12:04.180 --> 01:12:11.140]  And when I look at the mortgage, now this may just clear this up for me, but when I
[01:12:11.140 --> 01:12:18.740]  look at the mortgage and the bank never signs the mortgage, and the stipulation in my mortgage
[01:12:18.740 --> 01:12:25.700]  is that the lender, the borrower and the lender agree to these covenants, and I have no signature
[01:12:25.700 --> 01:12:30.180]  from the bank agreeing to those covenants.
[01:12:30.180 --> 01:12:37.700]  How is it then that under contract, they have to abide by those covenants?
[01:12:37.700 --> 01:12:42.740]  Because they've assumed all of the elements, okay.
[01:12:42.740 --> 01:12:47.020]  Your mortgage loan instrument, let's go over this real briefly.
[01:12:47.020 --> 01:12:53.780]  Your mortgage loan instrument consists of two instruments, a negotiable and a security.
[01:12:53.780 --> 01:12:56.780]  In lean-throughy states, you have…
[01:12:56.780 --> 01:13:01.780]  Wait, wait, wait, hold on, hold on, we've stepped over something.
[01:13:01.780 --> 01:13:07.740]  In your statement, there was, it was somewhat of a misstatement.
[01:13:07.740 --> 01:13:14.340]  You said that, why does the bank have to abide by these covenants?
[01:13:14.340 --> 01:13:19.980]  They don't, however, it's voluntary.
[01:13:19.980 --> 01:13:29.700]  However, if they don't abide by these covenants, and what this is, is you have granted to the
[01:13:29.700 --> 01:13:41.220]  bank certain privileges that you will allow them to exercise if they abide by these covenants.
[01:13:41.220 --> 01:13:47.560]  So they're not bound to do anything, they don't have to agree to this, but if they
[01:13:47.560 --> 01:13:54.740]  try to take advantage of the privileges that you grant in this document, now they're
[01:13:54.740 --> 01:13:55.740]  bound to it.
[01:13:55.740 --> 01:13:59.340]  Does that make sense, Chris?
[01:13:59.340 --> 01:14:00.340]  It does.
[01:14:00.340 --> 01:14:05.540]  So what you're really saying is that once they try to take advantage of the covenants
[01:14:05.540 --> 01:14:10.780]  by saying we've defaulted on the mortgage, for instance, then they're binding themselves
[01:14:10.780 --> 01:14:12.780]  to these covenants.
[01:14:12.780 --> 01:14:13.780]  Yes.
[01:14:13.780 --> 01:14:14.780]  Exactly.
[01:14:14.780 --> 01:14:15.780]  Yes.
[01:14:15.780 --> 01:14:23.020]  Nothing can be done if the bank doesn't abide by the covenant until they assume a
[01:14:23.020 --> 01:14:27.780]  covenant in their favor to say they've been bound to them.
[01:14:27.780 --> 01:14:28.860]  Exactly.
[01:14:28.860 --> 01:14:38.740]  If they exercise one privilege within the covenants, then they are then bound by all.
[01:14:38.740 --> 01:14:40.140]  Adhesion.
[01:14:40.140 --> 01:14:46.100]  That's adhesion and acceptance by performance.
[01:14:46.100 --> 01:14:51.740]  They have accepted all of the restrictions by performing on one.
[01:14:51.740 --> 01:14:52.980]  Okay.
[01:14:52.980 --> 01:14:59.140]  And so that can only come, obviously, if they make the claim that you've defaulted on
[01:14:59.140 --> 01:15:00.140]  the mortgage.
[01:15:00.140 --> 01:15:02.700]  There you go.
[01:15:02.700 --> 01:15:11.100]  If there are no other claims that they would themselves want to abide by.
[01:15:11.100 --> 01:15:18.440]  Would the possession, would taking possession or claiming possession of the property under
[01:15:18.440 --> 01:15:27.340]  the default clause of the contract, would that be the exercise of a privilege within
[01:15:27.340 --> 01:15:29.340]  the contract?
[01:15:29.340 --> 01:15:31.380]  Sure.
[01:15:31.380 --> 01:15:34.820]  There you go.
[01:15:34.820 --> 01:15:43.420]  So at that point, and only at that point, is the borrower able to make a claim that
[01:15:43.420 --> 01:15:48.780]  the lender would have defaulted on the covenant for the very fact that they adhered to the
[01:15:48.780 --> 01:15:52.620]  covenant by making the claim themselves.
[01:15:52.620 --> 01:16:04.060]  I should think that you would be able to petition the court for a quiet title declaratory judgment
[01:16:04.060 --> 01:16:16.700]  declaring that your agreement in the contract is now voided by the behavior of the other
[01:16:16.700 --> 01:16:22.020]  party so that you could preemptively void the contract.
[01:16:22.020 --> 01:16:30.020]  You could claim that the bank has repudiated this contract by their actions, by performing
[01:16:30.020 --> 01:16:34.080]  acts that are in violation of the restrictions in the contract.
[01:16:34.080 --> 01:16:41.140]  You could ask the court to rule that they've repudiated and that the contract is voided
[01:16:41.140 --> 01:16:42.140]  by their behavior.
[01:16:42.140 --> 01:16:44.580]  Does that make sense to you?
[01:16:44.580 --> 01:16:45.580]  Yes.
[01:16:45.580 --> 01:16:57.260]  And when we come back from break, I'd like to touch lightly on breach of contract, 512-646-1984's
[01:16:57.260 --> 01:17:00.620]  number to dial and we'll be right back.
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[01:18:59.300 --> 01:19:10.700]  This is the Logos Radio Network.
[01:19:10.700 --> 01:19:38.820]  Welcome back to Runa Law Radio, folks.
[01:19:38.820 --> 01:19:45.140]  You are listening to the Friday night marathon with my Celsius Dix Goodmore and Randy Kelton.
[01:19:45.140 --> 01:19:50.860]  And before we went to break, we were talking with Chris in Pennsylvania in regard to breaches
[01:19:50.860 --> 01:19:54.620]  or violations of covenant of a mortgage.
[01:19:54.620 --> 01:19:58.500]  Now, Chris, I wanted to touch something real quick.
[01:19:58.500 --> 01:20:07.420]  I have said many times on this show that a breach of a covenant is a breach of a contract.
[01:20:07.420 --> 01:20:17.940]  That is true, however, upon further research, you want to be very careful in claiming breach
[01:20:17.940 --> 01:20:19.740]  of contract.
[01:20:19.740 --> 01:20:31.960]  Here in the state of Texas, one of the elements of breach of contract is that there be a valid
[01:20:31.960 --> 01:20:35.460]  contract to breach.
[01:20:35.460 --> 01:20:43.620]  In other words, if you're claiming breach of contract, you are stipulating that there
[01:20:43.620 --> 01:20:47.900]  is a valid contract.
[01:20:47.900 --> 01:20:58.700]  So be very careful with your breach of contract claims because by claiming a breach of contract,
[01:20:58.700 --> 01:21:05.060]  if your state has the same stipulation in the statutes regarding breach of contract,
[01:21:05.060 --> 01:21:09.820]  you're saying that there is actually a valid contract in place.
[01:21:09.820 --> 01:21:17.500]  So before you make that breach of contract claim, make sure the contract is valid.
[01:21:17.500 --> 01:21:21.920]  If it is not valid, then there is no breach.
[01:21:21.920 --> 01:21:27.560]  So that's a kind of a catch 22 for the other side.
[01:21:27.560 --> 01:21:38.040]  You can structure your argument in such a fashion that it is one or the other by claiming
[01:21:38.040 --> 01:21:48.180]  that this is not a valid contract because of some statutory violation, blah, blah, blah.
[01:21:48.180 --> 01:21:56.660]  Therefore there cannot be a breach, but you cannot enforce an invalid contract or if it
[01:21:56.660 --> 01:22:02.900]  be found that the contract is valid, it has been breached, one or the other.
[01:22:02.900 --> 01:22:06.500]  Yeah, generally they say in the alternative.
[01:22:06.500 --> 01:22:07.500]  Correct.
[01:22:07.500 --> 01:22:08.500]  Yes.
[01:22:08.500 --> 01:22:16.620]  So if in the alternative means that if you rule against me on this one, these would be
[01:22:16.620 --> 01:22:23.260]  two mutually exclusive arguments.
[01:22:23.260 --> 01:22:26.700]  You claim the breach of contract when there is no contract.
[01:22:26.700 --> 01:22:31.220]  You claim there is no contract, so you can't claim breach of contract.
[01:22:31.220 --> 01:22:38.560]  So if you have a claim for both, you claim the one that necessarily must come first,
[01:22:38.560 --> 01:22:49.140]  the one that does not imply a fact not in evidence or stipulate to a fact not in evidence.
[01:22:49.140 --> 01:22:55.660]  In this case, a claim of breach of contract would stipulate to the non-existence of your
[01:22:55.660 --> 01:22:56.660]  first claim.
[01:22:56.660 --> 01:23:01.900]  So first you challenge the validity of the document and in the alternative, you challenge
[01:23:01.900 --> 01:23:03.940]  the breach of contract.
[01:23:03.940 --> 01:23:06.460]  Is that correct, Steve?
[01:23:06.460 --> 01:23:07.460]  Yes.
[01:23:07.460 --> 01:23:08.460]  Perfect.
[01:23:08.460 --> 01:23:10.700]  Did that make sense, Chris?
[01:23:10.700 --> 01:23:15.100]  Yeah, that made perfect sense.
[01:23:15.100 --> 01:23:23.500]  In that whole environment of breach of contract, we've also come to this discovery through
[01:23:23.500 --> 01:23:26.140]  talking to Fannie Mae.
[01:23:26.140 --> 01:23:33.260]  How is it possible in a foreclosure case to include a third party?
[01:23:33.260 --> 01:23:36.780]  I'm hearing things about the only way you can do that is if there's something wrong
[01:23:36.780 --> 01:23:40.540]  with the origination of the loan.
[01:23:40.540 --> 01:23:42.740]  Is there any way to include?
[01:23:42.740 --> 01:23:46.980]  We're getting letters constantly from the bank telling us that they're merely the servicer
[01:23:46.980 --> 01:23:49.700]  for Fannie Mae.
[01:23:49.700 --> 01:23:51.520]  That's what they're making their claim to.
[01:23:51.520 --> 01:23:52.820]  So if Fannie Mae is that...
[01:23:52.820 --> 01:23:53.820]  So then they...
[01:23:53.820 --> 01:23:58.340]  Okay, then the mortgage servicer is agent for the principal.
[01:23:58.340 --> 01:24:02.900]  Are you suing the agent or are you suing the principal or are you suing both?
[01:24:02.900 --> 01:24:08.620]  Well, it's the servicer who is making the claim that we're in default.
[01:24:08.620 --> 01:24:09.620]  Okay.
[01:24:09.620 --> 01:24:13.140]  In default of what, a valid contract?
[01:24:13.140 --> 01:24:16.180]  Well, if it...
[01:24:16.180 --> 01:24:21.100]  If Fannie Mae is in possession of an invalid contract, Fannie Mae doesn't want to get sued.
[01:24:21.100 --> 01:24:23.820]  So guess what Fannie Mae is going to do?
[01:24:23.820 --> 01:24:25.840]  Fannie Mae is going to wash their hands of it.
[01:24:25.840 --> 01:24:31.580]  They're going to play Pontius Pilate with this and wash their hands of it and assign
[01:24:31.580 --> 01:24:36.060]  all rights and claims back to the servicer.
[01:24:36.060 --> 01:24:42.220]  This means, this is a tacit implication that there is something wrong with the contract.
[01:24:42.220 --> 01:24:44.860]  Therefore, the servicer cannot enforce.
[01:24:44.860 --> 01:24:45.860]  Okay.
[01:24:45.860 --> 01:24:49.300]  Let me make a suggestion.
[01:24:49.300 --> 01:24:53.480]  Objection relevance.
[01:24:53.480 --> 01:24:59.340]  What do we care that you are merely a servicer for Fannie Mae?
[01:24:59.340 --> 01:25:00.660]  What does that...
[01:25:00.660 --> 01:25:09.580]  Even if that were true, what does that have to do with anything?
[01:25:09.580 --> 01:25:12.980]  Nothing if there's no contract to enforce.
[01:25:12.980 --> 01:25:18.460]  Be careful of the fights you let the other side con you into.
[01:25:18.460 --> 01:25:19.780]  Mm-hmm.
[01:25:19.780 --> 01:25:24.300]  Got to agree.
[01:25:24.300 --> 01:25:26.880]  Meaning?
[01:25:26.880 --> 01:25:27.900]  So what?
[01:25:27.900 --> 01:25:31.100]  So you're only the servicer for Fannie Mae.
[01:25:31.100 --> 01:25:32.420]  What does that mean?
[01:25:32.420 --> 01:25:33.420]  Right.
[01:25:33.420 --> 01:25:38.580]  How does that give them the right to...
[01:25:38.580 --> 01:25:42.940]  Did you demand that I pay you money?
[01:25:42.940 --> 01:25:46.340]  You didn't demand that I pay Fannie Mae money.
[01:25:46.340 --> 01:25:48.460]  You demanded I pay you money.
[01:25:48.460 --> 01:25:49.460]  Mm-hmm.
[01:25:49.460 --> 01:25:53.020]  So what I care about Fannie Mae?
[01:25:53.020 --> 01:25:56.300]  Okay.
[01:25:56.300 --> 01:26:00.780]  Now they're claiming agency, let them prove it up.
[01:26:00.780 --> 01:26:06.340]  Let them prove up that they have agency to represent a principal with standing and legal
[01:26:06.340 --> 01:26:07.340]  capacity.
[01:26:07.340 --> 01:26:11.540]  And then we talk about Fannie Mae.
[01:26:11.540 --> 01:26:13.540]  Right.
[01:26:13.540 --> 01:26:18.700]  I could send you a letter saying that I'm the servicer for your loan and I'm an agent
[01:26:18.700 --> 01:26:21.780]  for Fannie Mae, send me your money.
[01:26:21.780 --> 01:26:23.500]  Right.
[01:26:23.500 --> 01:26:31.420]  The Uniform Commercial Code says that if I make payment to the wrong party, then the
[01:26:31.420 --> 01:26:35.820]  indebtedness is not extinguished.
[01:26:35.820 --> 01:26:41.220]  So how the heck are you supposed to know if these guys really are a proper servicer as
[01:26:41.220 --> 01:26:49.500]  an agent for a bona fide holder with legal capacity?
[01:26:49.500 --> 01:26:54.700]  And that's the interesting point because they took, they made an assignment of the mortgage
[01:26:54.700 --> 01:26:59.340]  and obviously the note because they are kept together in the recorder of the...
[01:26:59.340 --> 01:27:02.740]  No, no, no, no, no, no, no, no.
[01:27:02.740 --> 01:27:05.300]  A note is negotiated.
[01:27:05.300 --> 01:27:09.500]  A security instrument is assigned.
[01:27:09.500 --> 01:27:16.420]  You can assign the security instrument without negotiating the negotiable instrument, but
[01:27:16.420 --> 01:27:24.140]  you cannot negotiate the negotiable instrument without also assigning the security instrument.
[01:27:24.140 --> 01:27:26.180]  You can do one but not the other.
[01:27:26.180 --> 01:27:34.160]  In other words, under the terms of the mortgage or deed of trust, the security instrument,
[01:27:34.160 --> 01:27:44.100]  the right to collect can change hands, but the right to receive must be negotiated.
[01:27:44.100 --> 01:27:51.540]  The right to collect is assigned and assigned many times without the negotiation of the
[01:27:51.540 --> 01:27:53.540]  negotiable instrument.
[01:27:53.540 --> 01:27:58.820]  When you negotiate the negotiable instrument or you endorse the negotiable instrument to
[01:27:58.820 --> 01:28:09.500]  another party, the first party receives valuable consideration for it and therefore the endorsee
[01:28:09.500 --> 01:28:15.200]  then has the right to receive the indebtedness.
[01:28:15.200 --> 01:28:21.980]  And here's an issue that probably should have came to my mind a long time ago.
[01:28:21.980 --> 01:28:36.260]  If the court were to say that the security instrument follows the note, then the note
[01:28:36.260 --> 01:28:46.800]  cannot be sold to any entity except the one that holds the security instrument.
[01:28:46.800 --> 01:28:51.020]  If that's the position of the court that the note follows, that the security instrument
[01:28:51.020 --> 01:28:58.620]  follows the note, then whoever holds the security instrument must hold the note.
[01:28:58.620 --> 01:29:04.060]  That would prevent the lender from selling the note to someone other than the person
[01:29:04.060 --> 01:29:09.060]  who is filed in the county record as the holder of the security instrument.
[01:29:09.060 --> 01:29:18.580]  Well, there's also a lot of jurisprudence, a lot of case law saying that any time multiple
[01:29:18.580 --> 01:29:27.260]  instruments are created at the same time for the same purpose and in the same course of
[01:29:27.260 --> 01:29:36.380]  business, those instruments are to be read and construed as together.
[01:29:36.380 --> 01:29:38.100]  Now I hear the music in the background.
[01:29:38.100 --> 01:29:46.260]  Chris, we need to wrap this up on the other side of the break, folks, 512-646-1984, Rob
[01:29:46.260 --> 01:29:52.420]  in Maryland, I'm sorry, Rob in New Mexico and Jeff in Maryland, we see you both there.
[01:29:52.420 --> 01:29:56.120]  We'll get to everybody in a timely manner.
[01:29:56.120 --> 01:29:57.120]  We'll be right back.
[01:29:57.120 --> 01:30:04.060]  Thank you.
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[01:30:50.780 --> 01:30:55.660]  or maybe you think of iron, folic acid, or vitamin C. But nutritionists say many of us
[01:30:55.660 --> 01:31:01.940]  don't get enough iodine, a trace mineral that's essential for thyroid and immune function.
[01:31:01.940 --> 01:31:06.860]  Iodine is found in seafood, egg yolks, meat, and milk, and it's added to iodized salt.
[01:31:06.860 --> 01:31:09.240]  Vegetarians can get it through seaweed.
[01:31:09.240 --> 01:31:14.020]  But because the body does not make iodine, experts say up to three quarters of us may
[01:31:14.020 --> 01:31:19.260]  be deficient, and that can lead to weight gain, depression, and even cancer.
[01:31:19.260 --> 01:31:23.860]  So put the I back into iodine, and check with your doctor to make sure you're getting enough.
[01:31:23.860 --> 01:31:31.620]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.620 --> 01:31:36.980]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.980 --> 01:31:39.260]  The government says that fire brought it down.
[01:31:39.260 --> 01:31:44.040]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:44.040 --> 01:31:46.820]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.820 --> 01:31:49.500]  And thousands of my fellow first responders are dying.
[01:31:49.500 --> 01:31:50.820]  I'm not a conspiracy theorist.
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[01:34:18.060 --> 01:34:23.600]  So if you have any parting comments or questions, let's get them on the table and get them taken care of
[01:34:24.900 --> 01:34:26.900]  You have the floor
[01:34:27.180 --> 01:34:29.180]  That was great. I just
[01:34:29.680 --> 01:34:31.680]  my question with that whole
[01:34:32.020 --> 01:34:35.240]  trying to get Fannie Mae on in on this was because they
[01:34:35.960 --> 01:34:39.680]  Originally noted in their Fannie Mae look up that they have two dates
[01:34:41.540 --> 01:34:45.600]  With Fannie Mae with our loan and those two dates are
[01:34:45.600 --> 01:34:49.420]  Of the day of inception when they sold it to investors
[01:34:50.100 --> 01:34:52.660]  When we did a loan with another bank
[01:34:53.620 --> 01:34:57.460]  and in March of 2009 when they
[01:34:58.140 --> 01:35:04.580]  When the bank we did our loan with Wachovia closed and Fannie Mae took interest in our loan
[01:35:06.020 --> 01:35:07.920]  Mm-hmm
[01:35:07.920 --> 01:35:11.060]  You said that correctly they took interest
[01:35:11.060 --> 01:35:17.200]  They did not assume the entire thing. They only took partial interest
[01:35:18.620 --> 01:35:24.940]  Right, okay. What right what rights does a partial assignee have?
[01:35:27.540 --> 01:35:30.400]  None there you go, buddy
[01:35:32.180 --> 01:35:34.180]  There you go
[01:35:34.460 --> 01:35:38.460]  And that's all cut this all comes back to the party entitled to enforce man
[01:35:38.460 --> 01:35:40.460]  right
[01:35:40.580 --> 01:35:47.100]  So if I'm if I'm sitting here doing business with the servicer and they're trying to foreclose on me and Fannie Mae is truly
[01:35:47.700 --> 01:35:49.820]  the holder of interest in my loan
[01:35:52.300 --> 01:35:54.300]  How is
[01:35:54.460 --> 01:35:57.380]  I'm not really sure. Wait question is
[01:35:58.380 --> 01:36:00.380]  is there a
[01:36:00.380 --> 01:36:08.100]  Uninterrupted chain of title in the public record showing Fannie Mae as the holder of the
[01:36:08.780 --> 01:36:13.540]  mortgage and I used mortgage to include both the note and security instrument
[01:36:14.500 --> 01:36:18.540]  Right. There is none. The only the only assignment was from the original bank
[01:36:20.700 --> 01:36:26.940]  That's listed in the Recorder of Deeds office comes from MERS assigning the
[01:36:26.940 --> 01:36:32.420]  Property or the mortgage to Wells Fargo through Wachovia
[01:36:33.300 --> 01:36:37.660]  Well, it would seem it would seem to me that that's the end of the sidewalk right there
[01:36:43.260 --> 01:36:45.060]  Right
[01:36:45.060 --> 01:36:48.380]  where I'm going with this is we need to
[01:36:49.220 --> 01:36:55.060]  before we allow the court to move from one issue to the next we need the
[01:36:55.060 --> 01:36:57.260]  prerequisite issue
[01:36:58.980 --> 01:37:04.980]  Determined have they have the court made who has the court made a ruling on the
[01:37:06.300 --> 01:37:08.940]  standing and capacity of Fannie Mae
[01:37:10.940 --> 01:37:12.940]  No, they have not
[01:37:13.420 --> 01:37:20.020]  This is for this first place to go now, well, we need to back up from there and say
[01:37:20.020 --> 01:37:26.580]  What standing what agency capacity did MERS have to represent a dead guy?
[01:37:27.140 --> 01:37:29.140]  Have they ruled on that issue?
[01:37:30.100 --> 01:37:34.620]  We have not that's that's then you need to back up and say
[01:37:35.460 --> 01:37:43.540]  What is everything these guys must have to be able to stand before the court in this capacity?
[01:37:43.540 --> 01:37:50.100]  If they don't have all those things then your issue is subject matter jurisdiction
[01:37:50.860 --> 01:37:51.860]  this
[01:37:51.860 --> 01:37:53.860]  entity lacks
[01:37:55.060 --> 01:38:01.220]  Standing to invoke subject matter jurisdiction of the court or if you are the plaintiff then they lack
[01:38:02.180 --> 01:38:05.300]  authority to present any information to the court
[01:38:05.940 --> 01:38:07.540]  concerning
[01:38:07.540 --> 01:38:09.860]  This note or anything involved with it
[01:38:09.860 --> 01:38:15.940]  Okay, so subject matter jurisdiction is they're just out of
[01:38:17.940 --> 01:38:24.580]  Their own okay, is this their foreclosure and did they they're they're the plaintiff is that coat true?
[01:38:25.620 --> 01:38:27.620]  Correct, Wells Fargo
[01:38:28.180 --> 01:38:31.620]  Okay. Now, yeah, this goes to subject matter jurisdiction
[01:38:32.900 --> 01:38:34.180]  What
[01:38:34.180 --> 01:38:34.980]  authority
[01:38:34.980 --> 01:38:41.780]  What standing and capacity or agency if agent if Wells Fargo is claiming to be the servicer
[01:38:42.260 --> 01:38:44.260]  as agent for the holder
[01:38:46.100 --> 01:38:52.100]  Agency standing capacity of the of the plaintiff if they can't prove that up
[01:38:52.340 --> 01:38:59.140]  This court lacks subject matter jurisdiction and is subject to civil suit themselves or his self
[01:38:59.140 --> 01:39:05.140]  For continuing this prosecution or this case
[01:39:06.020 --> 01:39:08.020]  It sounds like we're jumping ahead of
[01:39:08.580 --> 01:39:14.900]  Some issues and by so doing we stipulate to the issues that haven't been addressed
[01:39:16.660 --> 01:39:18.820]  That sound right Steve. Mm-hmm
[01:39:20.260 --> 01:39:22.260]  Sure does
[01:39:23.460 --> 01:39:25.140]  So you might be careful
[01:39:25.140 --> 01:39:29.300]  The bank's going to try to lead you where they want you to be right?
[01:39:30.580 --> 01:39:37.460]  Let's back up and object to anything. I would I'd look at filing a challenge subject matter jurisdiction claiming that
[01:39:38.340 --> 01:39:40.340]  the alleged agent
[01:39:40.660 --> 01:39:44.180]  is not an agent for a bonafide principle with
[01:39:45.380 --> 01:39:46.820]  standing and
[01:39:46.820 --> 01:39:48.500]  legal capacity
[01:39:48.500 --> 01:39:50.820]  I would title that plea to a
[01:39:50.820 --> 01:39:56.280]  Legal capacity. I would title that plea to a plea to the jurisdiction
[01:39:57.060 --> 01:40:00.040]  Yes, and then plead your plead out your your jurisdictional
[01:40:02.260 --> 01:40:04.260]  Challenges
[01:40:04.740 --> 01:40:06.740]  Subject matter
[01:40:07.540 --> 01:40:10.820]  Yeah, well that's what a plea to the jurisdiction is yeah
[01:40:13.140 --> 01:40:16.500]  That's it Steve's correct that's the technical name for it
[01:40:16.500 --> 01:40:19.940]  There's three pleas pleadings and that's one of them
[01:40:23.060 --> 01:40:27.540]  There's double jeopardy lack of in you and subject matter
[01:40:29.140 --> 01:40:34.740]  During a civil case the original suit is called a pleading so and subject matter jurisdiction
[01:40:34.980 --> 01:40:36.980]  Any can be filed at any time
[01:40:37.540 --> 01:40:39.540]  And can't be waived
[01:40:41.060 --> 01:40:43.060]  So you might sit back and think about that
[01:40:43.060 --> 01:40:46.500]  What precisely does
[01:40:47.380 --> 01:40:52.420]  the plaintiff have to prove up in order to have
[01:40:53.220 --> 01:40:56.580]  Standing to invoke the subject matter jurisdiction of the court
[01:40:58.100 --> 01:41:05.300]  You know, I stood in a courtroom once and said the the plaintiff presented a substitute trustee's deed
[01:41:06.500 --> 01:41:11.220]  I said your honor I checked the court the county recorder's office and
[01:41:11.220 --> 01:41:18.180]  The county recorder's office and that substitute trustee's deed has not been filed in the county recorder's office
[01:41:18.900 --> 01:41:21.060]  Therefore you cannot see it
[01:41:23.300 --> 01:41:26.260]  And he didn't buy that story but we're not done with him yet either
[01:41:27.060 --> 01:41:29.060]  And technically he can't see it
[01:41:29.540 --> 01:41:32.820]  Because of 13.001 and you have a similar statute
[01:41:33.780 --> 01:41:39.060]  In pennsylvania that says any claim not properly filed in the public record is voidish to the holder
[01:41:39.060 --> 01:41:44.420]  So any claim these guys are bringing they have to be in the public record and you have to be able to follow them
[01:41:44.500 --> 01:41:46.580]  Step by step and if any one of them's bogus
[01:41:47.540 --> 01:41:53.540]  Definitely need to go back there first and do not let these guys get you around those issues
[01:41:55.140 --> 01:41:59.300]  Right before that before they're answered. Otherwise, they get you to stipulate to them
[01:42:00.980 --> 01:42:02.500]  Right
[01:42:02.500 --> 01:42:05.300]  So we can we can enter this at any time then correct?
[01:42:05.300 --> 01:42:08.500]  Yes, subject matter can be challenged at any time
[01:42:09.300 --> 01:42:12.660]  No matter how remote in history. Yes
[01:42:14.020 --> 01:42:18.760]  And in criminal cases subject matter jurisdiction can be raised even after a conviction
[01:42:21.060 --> 01:42:24.180]  Can be raised for the first time on appeal yes
[01:42:25.540 --> 01:42:31.380]  It can be raised after judgment well after judgment. But anyway, yeah, you can raise that at any time
[01:42:31.380 --> 01:42:34.180]  So is that has that given you enough food for thought chris?
[01:42:35.300 --> 01:42:37.460]  That's giving me plenty i'll be full for a week
[01:42:38.660 --> 01:42:41.780]  Good good. We'll talk to you next friday then more likely
[01:42:42.820 --> 01:42:44.180]  All right
[01:42:44.180 --> 01:42:46.420]  All right. Thank you for calling in tonight chris
[01:42:47.540 --> 01:42:49.300]  Yes, thank you
[01:42:49.300 --> 01:42:56.340]  Oh, i'm sorry. I didn't mean to hang up on you. But let's go see what jeff in maryland has on his mind. Good evening. Jeff
[01:42:57.460 --> 01:42:59.460]  Good evening. What happened?
[01:42:59.460 --> 01:43:02.980]  Good evening. What happened in new mexico? I thought they were first
[01:43:05.220 --> 01:43:11.880]  No, sir, well we were giving rob a little more time to snort some more diesel fumes
[01:43:13.620 --> 01:43:19.300]  And frankly we took yours first because you're generally on point and you don't to take up a whole lot of time
[01:43:20.340 --> 01:43:22.340]  Oh, okay. Thank you
[01:43:22.660 --> 01:43:24.740]  You're old your attention span's shorter
[01:43:24.740 --> 01:43:26.740]  Oh
[01:43:28.100 --> 01:43:30.100]  You walked right into that one
[01:43:33.140 --> 01:43:34.820]  I want to go back. Oh
[01:43:34.820 --> 01:43:38.100]  Hang on. Hang on there jeff. I hear the music starting
[01:43:38.900 --> 01:43:40.900]  Uh, you'll probably get
[01:43:41.140 --> 01:43:44.580]  That's going to give him time to think of a good retort for me
[01:43:45.220 --> 01:43:47.460]  Good. Yeah good. He needs one
[01:43:47.460 --> 01:43:54.180]  We'll be right back after this break folks. 512-646-1984 dial it and get in line. We'll see you on the other side
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[01:46:21.600 --> 01:46:23.600]  Reality
[01:46:23.600 --> 01:46:49.120]  So
[01:46:49.120 --> 01:46:51.120]  Small
[01:46:51.120 --> 01:46:54.400]  And welcome back to rule all radio folks and
[01:46:55.520 --> 01:47:02.000]  Jeff in maryland, I do apologize for cutting you off at the pass, but had I not done it the commercial would have
[01:47:02.560 --> 01:47:04.560]  So sir you have the floor
[01:47:05.200 --> 01:47:07.200]  Hello, thank you very much. Steve
[01:47:07.760 --> 01:47:09.760]  I want to go back and revisit the first part of your
[01:47:10.480 --> 01:47:12.640]  Radio broadcast having to do with due process
[01:47:13.760 --> 01:47:17.200]  Very good, and it seems and if it seems it seems to me
[01:47:18.480 --> 01:47:19.840]  that if the
[01:47:19.840 --> 01:47:23.040]  What kind of hearing did you go to the probable cause hearing? Is it what you called it?
[01:47:24.400 --> 01:47:25.680]  randy
[01:47:25.680 --> 01:47:27.680]  That's exactly what it is
[01:47:28.000 --> 01:47:34.320]  Okay, if the probable cause hearing had been conducted as it was should have been conducted
[01:47:34.880 --> 01:47:36.880]  Tom delay would never have been indicted
[01:47:38.320 --> 01:47:41.840]  There couldn't be a probable cause hearing in the tom delay case
[01:47:41.840 --> 01:47:47.680]  Because nobody ever filed a criminal complaint against tom delay
[01:47:48.320 --> 01:47:50.320]  But do you understand where i'm going with that?
[01:47:51.120 --> 01:47:53.120]  Yes, I do exactly
[01:47:53.840 --> 01:47:55.840]  And
[01:47:55.840 --> 01:47:57.700]  Had tom delay had opportunity
[01:47:58.240 --> 01:48:02.080]  To go before an examining trial and present exculpatory evidence
[01:48:02.880 --> 01:48:10.240]  Then the appeals court would not have had to throw out the entire case and not just reverse
[01:48:10.240 --> 01:48:12.240]  Just reverse
[01:48:12.400 --> 01:48:14.720]  But dismiss for lack of evidence
[01:48:16.480 --> 01:48:22.080]  Yeah, and he would not have been compelled to resign his post as speaker of the house
[01:48:23.200 --> 01:48:25.200]  And spend all that time in prison
[01:48:25.840 --> 01:48:27.200]  well
[01:48:27.200 --> 01:48:31.120]  I have to tell you I think something else was going on
[01:48:32.240 --> 01:48:37.040]  We both know that I wrote, you know, I filed a habeas in the tom delay case
[01:48:37.040 --> 01:48:39.040]  Right
[01:48:40.560 --> 01:48:44.420]  I put that habeas in tom delay's hand himself
[01:48:46.000 --> 01:48:48.180]  And he looked like a deer in the headlights
[01:48:51.600 --> 01:48:55.360]  Not a word was mentioned about the habeas except by me
[01:48:57.600 --> 01:48:59.600]  So what was going on here
[01:49:01.360 --> 01:49:04.080]  I don't know. Sounds to me like somebody had something to hide
[01:49:04.080 --> 01:49:08.080]  And that's what I thought something else was going on
[01:49:08.880 --> 01:49:13.120]  And this was used as a political way to punish tom delay
[01:49:14.000 --> 01:49:16.560]  Without bringing out what was really going on
[01:49:17.680 --> 01:49:19.280]  Okay
[01:49:19.280 --> 01:49:24.000]  That's why dick de garen got so excited when I filed the habeas and called me up
[01:49:25.040 --> 01:49:28.480]  And told me asked me if I was the one to file the habeas and I said, yes, as a matter of fact
[01:49:28.560 --> 01:49:31.920]  I was she said well, I am the lead attorney and I didn't authorize
[01:49:31.920 --> 01:49:39.620]  Me authorize it. I don't care what you authorize anybody can file a habeas and besides you're the one who should have filed it
[01:49:40.420 --> 01:49:42.420]  And he hung up on me
[01:49:44.180 --> 01:49:51.700]  Well, it sort of begs the question about the indictment of governor perry doesn't exactly
[01:49:51.700 --> 01:50:00.340]  Well, go ahead. No, certainly it most certainly does might have a vested interest in doing something about this supreme court ruling
[01:50:02.020 --> 01:50:04.100]  Wait, there's no supreme court ruling here
[01:50:05.060 --> 01:50:07.060]  Didn't you say the supreme court?
[01:50:07.060 --> 01:50:09.060]  It made its decision
[01:50:09.380 --> 01:50:12.740]  No, this was an appellate court decision examining trial
[01:50:14.260 --> 01:50:18.580]  Yeah, it was a appellate court decision and it was a garbage one
[01:50:18.580 --> 01:50:22.180]  Yeah, we found no error is the crux of the ruling
[01:50:23.140 --> 01:50:26.260]  Okay, so that so they essentially said
[01:50:27.700 --> 01:50:30.760]  You can violate a specific
[01:50:32.000 --> 01:50:33.200]  statutory
[01:50:33.200 --> 01:50:34.820]  provision
[01:50:34.820 --> 01:50:38.520]  And the violation of the statutory provision
[01:50:39.520 --> 01:50:42.100]  Nullifies the statutory provision
[01:50:43.300 --> 01:50:44.820]  Yeah
[01:50:44.820 --> 01:50:46.820]  That's kind of a catch-you-do isn't it?
[01:50:46.820 --> 01:50:53.380]  Yeah, and and then it also has the effect of breaching other rights
[01:50:54.420 --> 01:50:56.420]  contained in
[01:50:56.560 --> 01:50:58.560]  19.27
[01:50:58.580 --> 01:51:02.280]  And uh, what was the other one? Oh 2.01
[01:51:04.900 --> 01:51:07.000]  The right to have the prosecutor
[01:51:08.420 --> 01:51:14.120]  Present exculpatory evidence which is tacitly required to do by 2.01
[01:51:14.120 --> 01:51:19.100]  So all of these very carefully structured
[01:51:21.080 --> 01:51:25.400]  Statutes intended to ensure due process he can violate all of those
[01:51:26.600 --> 01:51:31.640]  And in violating all of those he essentially renders all of those moot
[01:51:32.840 --> 01:51:34.840]  Yeah
[01:51:35.880 --> 01:51:38.680]  That doesn't seem like the way it was supposed to work
[01:51:38.680 --> 01:51:43.980]  That doesn't seem like the way it was supposed to work. Why have the statute?
[01:51:47.960 --> 01:51:50.780]  Why even why even have the statute
[01:51:51.880 --> 01:51:57.080]  If the courts can ignore it doesn't make any sense to me ignore it
[01:51:58.840 --> 01:52:01.640]  Well, they seem to ignore it on a relatively
[01:52:02.760 --> 01:52:04.760]  Routine basis
[01:52:04.760 --> 01:52:06.760]  Yeah, they do now. This is
[01:52:06.760 --> 01:52:11.400]  This is one of those cases where really bad law got put in place
[01:52:13.000 --> 01:52:14.280]  And
[01:52:14.280 --> 01:52:17.580]  Nobody stood up and railed in righteous indignation
[01:52:18.520 --> 01:52:23.820]  It it appears as though this case was not appealed beyond the court of appeals
[01:52:26.040 --> 01:52:27.480]  Yeah, so
[01:52:27.480 --> 01:52:32.680]  Yeah, they might have done something else and let this guy off or give him some reason not to pursue
[01:52:32.680 --> 01:52:39.000]  Or they probably jerked around the lawyer and got the lawyer to screw the client
[01:52:39.640 --> 01:52:47.480]  So that this didn't go past the court of appeals and they got this garbage law in place that they that they could then use
[01:52:48.360 --> 01:52:53.420]  So that the prosecutor could secure purely political indictments
[01:52:54.600 --> 01:52:56.600]  and the
[01:52:57.000 --> 01:53:00.620]  Governor perry indictment whatever you think of his behavior
[01:53:00.620 --> 01:53:07.180]  And not even getting to whether or not he violated law or didn't violate a law
[01:53:08.700 --> 01:53:12.060]  Due process is clearly negated here
[01:53:12.780 --> 01:53:19.580]  Yes, yeah, I wasn't going to go I wasn't even going to get into guilt or innocence on his part of the laws
[01:53:19.580 --> 01:53:21.660]  because I have no way of knowing that but
[01:53:22.780 --> 01:53:28.780]  From what I have seen there is definitely an appearance of violating a due process
[01:53:28.780 --> 01:53:34.400]  Yeah, this is and when you look at all the code in the case law, it's just outrageous
[01:53:35.740 --> 01:53:38.640]  I mean, this is just blatant uh sedition
[01:53:39.580 --> 01:53:41.580]  I don't know how else to put it
[01:53:42.620 --> 01:53:47.600]  The court of appeals participating in sedition the legislature passed this statute
[01:53:49.100 --> 01:53:52.220]  And they were very clear in
[01:53:54.300 --> 01:53:56.300]  What they intended
[01:53:56.300 --> 01:53:59.280]  What they intended it's hard to misunderstand
[01:54:01.500 --> 01:54:03.500]  With 14
[01:54:04.040 --> 01:54:06.040]  16.01
[01:54:06.140 --> 01:54:09.820]  therefore prohibition against the indictment and then
[01:54:11.960 --> 01:54:13.960]  2022
[01:54:14.380 --> 01:54:17.040]  They're forbidden to to post the indictment
[01:54:17.900 --> 01:54:22.860]  Until the person's been arrested. It's it's hard to misunderstand their intent
[01:54:22.860 --> 01:54:24.860]  And
[01:54:25.100 --> 01:54:30.620]  In 19.27 which gives you the right to challenge the panel well
[01:54:32.620 --> 01:54:34.620]  We got 25 million
[01:54:35.900 --> 01:54:39.820]  People in texas do 25 million people need to go challenge
[01:54:40.620 --> 01:54:44.540]  Every grand jury in case the grand jury is going to try to indict them
[01:54:47.020 --> 01:54:49.020]  That would appear that way
[01:54:49.340 --> 01:54:50.940]  but yeah
[01:54:50.940 --> 01:54:53.420]  if 16.01 was abided by
[01:54:54.220 --> 01:55:01.100]  Then that would not be a problem because if you got a finding a probable cause in a felony, you know to pay attention to
[01:55:01.660 --> 01:55:03.660]  the grand jury
[01:55:04.380 --> 01:55:07.120]  Yeah, because because 1731
[01:55:09.660 --> 01:55:14.860]  Tells the clerk to deliver those papers up to the next grand jury
[01:55:15.180 --> 01:55:17.820]  so, you know to go to the next grand jury and see if
[01:55:17.820 --> 01:55:20.300]  The if you agree with the panel
[01:55:21.980 --> 01:55:23.980]  So we got three statutes here
[01:55:25.340 --> 01:55:28.000]  Besides 16.01 that they had they violated
[01:55:29.500 --> 01:55:33.260]  And the court said we find no error
[01:55:35.980 --> 01:55:38.780]  These guys the governor owes it to all of us
[01:55:41.420 --> 01:55:43.980]  Without regard to him personally he's the
[01:55:43.980 --> 01:55:51.040]  The highest elected official in the state. He owes it to all of us to stop these political assassinations
[01:55:52.220 --> 01:55:54.220]  Yep
[01:55:54.300 --> 01:55:56.300]  Yeah
[01:55:56.300 --> 01:55:58.300]  I agree with you
[01:55:58.300 --> 01:56:00.700]  And thank you jeff. We wanted to make an event called you
[01:56:02.060 --> 01:56:07.500]  Thank you very much. You're welcome. You always make you always make for good call and
[01:56:07.500 --> 01:56:16.140]  Always get to have fun at your expense. Well, it's kind of like the theme from barretta, you know
[01:56:17.660 --> 01:56:20.220]  The phrase in there I find that interesting was
[01:56:20.940 --> 01:56:25.740]  If you can't do the time don't do the crime if I can't take it then I have no business calling you
[01:56:27.660 --> 01:56:29.660]  Okay, there you go
[01:56:29.660 --> 01:56:36.460]  Okay, there you go, thank you jeff so yeah, you have a good day
[01:56:37.660 --> 01:56:44.160]  Okay, we're gonna have to get to get to robin new mexico before the diesel fumes cause deadheading
[01:56:46.620 --> 01:56:53.100]  Or asphyxiation hello rob. Are you there? Hi randy i'm here
[01:56:53.100 --> 01:57:01.020]  So, how are you okay, what issues have you got you had a couple traffic issues it's been a long time
[01:57:02.140 --> 01:57:04.140]  No, what do you have?
[01:57:04.540 --> 01:57:06.380]  Those are easy
[01:57:06.380 --> 01:57:07.500]  um
[01:57:07.500 --> 01:57:09.820]  No, I I had my little
[01:57:10.540 --> 01:57:14.060]  uh jaunt in the 10th circuit and that did not go well and
[01:57:14.860 --> 01:57:17.660]  uh, I lost my time to uh file a
[01:57:17.660 --> 01:57:24.320]  Presidio or a petition for rehearing and so that's all over and done with um, but I have a
[01:57:24.800 --> 01:57:26.880]  Quiet title action in the state court
[01:57:27.760 --> 01:57:30.960]  Uh, they had to file an answer or motion by monday
[01:57:31.840 --> 01:57:33.840]  Uh filed one wednesday
[01:57:34.800 --> 01:57:40.320]  And in that answer or in that motion to dismiss they uh challenged standing
[01:57:41.200 --> 01:57:45.200]  Uh, because I am no longer in the property and it's post foreclosure
[01:57:45.200 --> 01:57:48.640]  And I don't know how to respond to that
[01:57:50.000 --> 01:57:56.320]  Would your if you got a positive ruling on your quiet title
[01:57:58.160 --> 01:58:02.960]  Would the document upon which the bank relied be rendered void
[01:58:05.760 --> 01:58:07.760]  Yeah, they'd be hosed
[01:58:08.560 --> 01:58:10.560]  Wait a minute I missed part of that
[01:58:11.040 --> 01:58:13.040]  I said they'd be hosed
[01:58:13.040 --> 01:58:16.640]  They'd be hosed. So absolutely you have standing
[01:58:19.120 --> 01:58:24.480]  Okay, hang on we're about to go to break this is randy kelton steve skidmore rule of our radio
[01:58:25.360 --> 01:58:30.720]  And we're going to the top of the hour break. The call lines are open. They'll be open all night. Give us a call
[01:58:31.360 --> 01:58:32.400]  not
[01:58:32.400 --> 01:58:34.400]  five one two four three
[01:58:34.880 --> 01:58:37.360]  Will you do that? Steve and randy five one two?
[01:58:37.360 --> 01:58:45.220]  Six four six nineteen eighty four and we'll be right back after this after the top of our news break. Stay tuned
[01:58:45.860 --> 01:58:47.860]  My tongue got tangled
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