[00:00.000 --> 00:07.240]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.240 --> 00:08.240]  at thelibertybeat.com.
[00:08.240 --> 00:13.360]  I'm Brian Hagan with your Liberty Beat for Friday, January 23, 2015.
[00:13.360 --> 00:20.480]  Gold is trading at $1,299, silver at $18.33, and Bitcoin is trading around $229.
[00:20.480 --> 00:24.160]  Today's precious metal prices are brought to you by Roberts & Roberts Brokerage, Inc.
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[00:37.520 --> 00:39.560]  Could you feed your family for two weeks?
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[00:58.600 --> 01:02.200]  To learn more about food security in a time of crisis.
[01:02.200 --> 01:07.320]  In the news, Silk Road trial day six, which began with defense attorney Joshua Dreidel
[01:07.320 --> 01:10.240]  cross-examining FBI agent Tom Kiernan.
[01:10.240 --> 01:14.960]  He's the computer specialist who first examined Ross Ulbrich's computer after his arrest.
[01:14.960 --> 01:19.000]  Ulbrich is the creator of the Silk Road marketplace and is charged with crimes associated with
[01:19.000 --> 01:23.800]  his alleged involvement in facilitating drug sales between vendors and customers.
[01:23.800 --> 01:27.280]  Part of Dreidel's questioning focused on the fact that BitTorrent, a peer-to-peer file
[01:27.280 --> 01:30.360]  sharing program, was running on Ulbrich's computer.
[01:30.360 --> 01:34.480]  It appeared he was trying to insinuate that through malware put on Ulbrich's computer,
[01:34.480 --> 01:38.680]  through BitTorrent, someone could have placed the chat logs and journals on his hard drive.
[01:38.680 --> 01:41.960]  Any doubt that may have been in the jury's mind after hearing about the possibility of
[01:41.960 --> 01:47.440]  malware likely vanished after the states redirect, where U.S. Attorney Howard asked Agent Kiernan
[01:47.440 --> 01:50.240]  if the computer did in fact have any malware.
[01:50.240 --> 01:52.220]  Kiernan replied in the negative.
[01:52.220 --> 01:56.260]  Of significance for the defense, there were chats from Ulbrich with a friend where he
[01:56.260 --> 01:59.440]  states he sold the site in the fall of 2011.
[01:59.440 --> 02:04.280]  That aligns with an interview conducted in 2013 with Dread Pirate Roberts by Wired reporter
[02:04.280 --> 02:09.360]  Andy Greenberg, where DPR states he acquired the site from someone else.
[02:09.360 --> 02:13.280]  The revelation seems to go along with the defense's narrative that Ulbrich built the
[02:13.280 --> 02:17.220]  site but later gave it up after it became too stressful.
[02:17.220 --> 02:21.720]  Also revealed during the day through discussion between the judge and the defense is the possibility
[02:21.720 --> 02:24.320]  that Ulbrich himself may take the stand.
[02:24.320 --> 02:27.360]  The Liberty Beat will keep you up to date as the trial continues.
[02:27.360 --> 02:30.240]  To support our efforts to have journalists on the ground through the entirety of the
[02:30.240 --> 02:34.640]  trial in New York, visit TheLibertyBeat.com and click the support link.
[02:34.640 --> 02:39.280]  Today's broadcast of The Liberty Beat is sponsored by Central Texas Gunworks, your
[02:39.280 --> 02:43.600]  online source for firearms, firearm accessories, and ammunition.
[02:43.600 --> 02:46.960]  They take major credit cards and now accept bitcoin.
[02:46.960 --> 02:51.440]  Visit them online at shop.CentralTexasGunworks.com.
[02:51.440 --> 02:56.640]  This is the Liberty Beat for Friday, January 23, 2015.
[03:21.440 --> 03:36.080]  Howdy, howdy.
[03:36.080 --> 03:40.360]  This is Randy Kelton, Steve Skidmore, Rule of Law Radio.
[03:40.360 --> 03:51.040]  On this January the 23rd, 2015, we will be taking calls all night, turning the phones
[03:51.040 --> 03:53.880]  on as we speak.
[03:53.880 --> 03:59.080]  So if you have a question or a comment, give us a call.
[03:59.080 --> 04:07.840]  Last week I was starting in talking about some changes we were looking at making in
[04:07.840 --> 04:13.000]  the legislature this year and I didn't get quite through all of it.
[04:13.000 --> 04:18.520]  I got up to the point of talking about grand juries.
[04:18.520 --> 04:28.040]  There are a number of changes that I'm preparing a white paper in order to propose concerning
[04:28.040 --> 04:32.200]  grand juries.
[04:32.200 --> 04:41.960]  It was the intent of our legislators that the government not be the accuser and the
[04:41.960 --> 04:49.520]  prosecutor and they put some procedures in place to prevent that.
[04:49.520 --> 04:56.600]  Now prosecutors, since they're the ones that have to prosecute, they feel like they're
[04:56.600 --> 05:07.080]  the ones that should make the determination concerning whether or not to prosecute because
[05:07.080 --> 05:17.280]  they need to know that they have sufficient evidence to warrant the cost and time to prosecute
[05:17.280 --> 05:19.160]  the case.
[05:19.160 --> 05:24.120]  So they've always argued that they're the ones that should make the decision, but our
[05:24.120 --> 05:27.040]  founders, they knew better than that.
[05:27.040 --> 05:34.160]  Our founders had lived in a circumstance where the king could accuse you and prosecute you
[05:34.160 --> 05:41.200]  and there was no intermediary and our founders did not intend for that to happen.
[05:41.200 --> 05:44.640]  So they put some things in place.
[05:44.640 --> 05:51.400]  They put in this thing that we call the grand jury and the purpose of the grand jury was
[05:51.400 --> 06:04.320]  such that a citizen should not be subjected to defending himself for an otherwise infamous
[06:04.320 --> 06:15.600]  accusation except by the presentment of an indictment by a grand jury of his peers,
[06:15.600 --> 06:19.960]  not by the prosecuting attorney.
[06:19.960 --> 06:22.560]  And they put grand juries in place.
[06:22.560 --> 06:27.560]  Well grand juries have been a thorn in the side of the prosecutors.
[06:27.560 --> 06:34.040]  I'm going to read from the Gerstein Pew.
[06:34.040 --> 06:45.320]  This is a federal case that addresses the issues of both magistrates and grand juries.
[06:45.320 --> 06:55.040]  In non-felony cases, a grand jury is not necessarily indicated.
[06:55.040 --> 07:01.720]  There's some question about that in Texas because the Texas constitution under Article
[07:01.720 --> 07:13.320]  16, it requires that all criminal prosecutions commence on an indictment.
[07:13.320 --> 07:21.340]  But there's been legislative changes that did away with indictments for misdemeanors.
[07:21.340 --> 07:25.400]  And I don't know if that's such a terrible problem and it's not an issue I'll take on
[07:25.400 --> 07:31.720]  here, but for felonies definitely an indictment is indicated.
[07:31.720 --> 07:39.720]  Let me read from Gerstein Pew, maximum protection of individual rights could be assured by requiring
[07:39.720 --> 07:45.080]  a magistrate's review of the factual justifications prior to any arrest.
[07:45.080 --> 07:51.200]  But such a requirement would constitute an intolerable handicap for legitimate law enforcement.
[07:51.200 --> 07:59.480]  Thus, while the court has expressed a preference for the use of arrest warrants when feasible
[07:59.480 --> 08:08.260]  back to Ohio, it has never invalidated an arrest supported by probable cause solely
[08:08.260 --> 08:16.020]  because the offenders failed to, the officers failed to secure a warrant.
[08:16.020 --> 08:21.320]  Under this practical compromise, a policeman's on the scene assessment of probable cause
[08:21.320 --> 08:27.240]  provides a legal justification for arresting a person suspected of crime and for a brief
[08:27.240 --> 08:34.180]  period of detention to take the administrative steps incident to arrest once the suspect
[08:34.180 --> 08:36.600]  is in custody, however.
[08:36.600 --> 08:49.240]  The reasons that justify dispensing with the magistrate's neutral judgment evaporates.
[08:49.240 --> 08:54.000]  There no longer is any danger that the suspect will escape or commit further crimes while
[08:54.000 --> 08:57.760]  the police submit their evidence to a magistrate.
[08:57.760 --> 09:12.120]  And while the state's reasons for taking summary actions subside, the suspect's need for a
[09:12.120 --> 09:17.160]  neutral determination of probable cause increases significantly.
[09:17.160 --> 09:24.160]  The consequences of prolonged detention may be more serious than the interference occasioned
[09:24.160 --> 09:25.160]  by arrest.
[09:25.160 --> 09:29.920]  Pre-trial confinement may imperil the suspect's job, interrupt his source of income, impair
[09:29.920 --> 09:33.160]  his family relations.
[09:33.160 --> 09:38.320]  Even pre-trial release may be accompanied by burdensome conditions that affect a significant
[09:38.320 --> 09:40.420]  restraint of liberty.
[09:40.420 --> 09:47.760]  When the stakes are this high, the detached judgment of a neutral magistrate is essential
[09:47.760 --> 09:54.040]  in the Fourth Amendment if the Fourth Amendment is to furnish meaningful protection from unfounded
[09:54.040 --> 09:55.800]  interference with liberty.
[09:55.800 --> 10:01.000]  Accordingly, we hold that the Fourth Amendment requires a judicial determination of probable
[10:01.000 --> 10:06.440]  cause as a prerequisite to extended restraint of liberty following arrest.
[10:06.440 --> 10:14.320]  I read this because it clearly goes to magistrates and not directly to grand juries, but to frame
[10:14.320 --> 10:19.040]  the need for this neutral judgment.
[10:19.040 --> 10:29.880]  In the case of a felony, the determination of the magistrate is insufficient.
[10:29.880 --> 10:41.440]  In order for a person to be compelled to stand in answer for an otherwise infamous accusation,
[10:41.440 --> 10:48.480]  the legislature required that another step be taken.
[10:48.480 --> 10:56.120]  And that in step involves taking the person before a neutral grand jury for essentially
[10:56.120 --> 10:59.960]  another determination of probable cause.
[10:59.960 --> 11:05.480]  Grand jury does essentially the same thing as the magistrate did, except instead of a
[11:05.480 --> 11:14.280]  single magistrate making the determination, where a single magistrate can become biased
[11:14.280 --> 11:24.880]  toward the police over time, a grand jury of our peers will not be likewise affected.
[11:24.880 --> 11:30.200]  Or at least that's the idea.
[11:30.200 --> 11:35.080]  So our founders required a grand jury.
[11:35.080 --> 11:41.960]  Well, the prosecutors immediately started trying to find ways around it.
[11:41.960 --> 11:50.600]  And our legislature, in its wisdom, decided that since we already have magistrates...
[11:50.600 --> 11:53.120]  I'm sorry, back up.
[11:53.120 --> 12:02.600]  Since we already have prosecutors in place in the employ of the state and the county,
[12:02.600 --> 12:10.280]  and they are learned in council, it would be administratively expedient to have those
[12:10.280 --> 12:16.440]  attorneys give legal advice to the police in the lower courts.
[12:16.440 --> 12:23.720]  And while that may have been expedient, it was a prescription for precisely the disaster
[12:23.720 --> 12:27.800]  we experience today.
[12:27.800 --> 12:35.980]  Whether or not prosecutors acted with a deliberate intent toward creating the worst police state
[12:35.980 --> 12:40.400]  the world has ever seen is irrelevant.
[12:40.400 --> 12:46.400]  Actually, I fully suspect that they did not.
[12:46.400 --> 12:54.320]  I suspect that no particular prosecutor or group of prosecutors sat down and said, well,
[12:54.320 --> 13:02.040]  I'll tell you what, let's get together and advise these judges and these lower court
[13:02.040 --> 13:11.800]  inferior judges and police to perform their duties in a way that will create a police
[13:11.800 --> 13:14.480]  state.
[13:14.480 --> 13:21.280]  What they did was, in the natural course of things, they advised the police to conduct
[13:21.280 --> 13:28.840]  themselves in a way that was conducive to an effective prosecution.
[13:28.840 --> 13:34.480]  They advised magistrates to act in a way that served the interest of the prosecutor.
[13:34.480 --> 13:43.400]  Because in the end, they reasonably felt that the point and purpose of the arrest in bringing
[13:43.400 --> 13:53.960]  the person to trial was the fair and honest prosecution of the case.
[13:53.960 --> 14:01.800]  But over time, through a series of seemingly minor adjustments toward administrative convenience
[14:01.800 --> 14:11.360]  and adjudicative expediency, prosecutors have so advised the police and lower courts to
[14:11.360 --> 14:17.980]  the point that every step as presently practiced in the state of Texas from arrest to trial
[14:17.980 --> 14:26.440]  is not only wrong, it is very specifically against particular law.
[14:26.440 --> 14:30.880]  And it's not just against particular law, it's against particular law for very specific
[14:30.880 --> 14:33.200]  purpose.
[14:33.200 --> 14:40.280]  Everything is designed to put the person accused of crime in a position such that when the
[14:40.280 --> 14:47.440]  prosecutor comes to the individual with a perfectly reasonable deal, the person will
[14:47.440 --> 14:54.080]  have no rational alternative to taking that deal.
[14:54.080 --> 15:03.640]  And that's proven out by our current 99.6% conviction rate.
[15:03.640 --> 15:07.880]  Magistrates and grand juries were put in place to prevent that.
[15:07.880 --> 15:15.340]  I'm sure we've all heard the remark by Scalia in Williams and V State where he commented
[15:15.340 --> 15:21.600]  that any prosecuting attorney worth his salt could get a ham sandwich indicted.
[15:21.600 --> 15:28.060]  Well I've been a long time looking into grand juries and I'm telling you that is simply
[15:28.060 --> 15:32.000]  not true.
[15:32.000 --> 15:38.780]  I know a lot of people come on the air and they say, oh, the prosecuting attorney controls
[15:38.780 --> 15:41.060]  the grand jury.
[15:41.060 --> 15:45.300]  He does no such thing.
[15:45.300 --> 15:54.880]  The grand jury very naturally tends to trust the prosecuting attorney and they tend to
[15:54.880 --> 15:57.680]  trust the system.
[15:57.680 --> 16:03.800]  For the most part, the vast majority of the public are not legal reactionaries like most
[16:03.800 --> 16:06.960]  of the people listening to this program.
[16:06.960 --> 16:15.680]  The vast majority of the public are the far right conservative flag waving Americans
[16:15.680 --> 16:24.760]  that believe that the American system of government is the best on the planet.
[16:24.760 --> 16:29.520]  And I would pretty well tend to agree with them.
[16:29.520 --> 16:41.600]  Was it to Franklin who said that a democratic government, it's a horrible form of government,
[16:41.600 --> 16:43.080]  but it's the best we got.
[16:43.080 --> 16:50.520]  I want to come back, I want to talk a little bit more about why the grand juries are not
[16:50.520 --> 16:53.080]  really in control of the prosecutors.
[16:53.080 --> 17:02.520]  I'm Randy Kelton, Steve Skidmore, Wheel of Law Radio, calling number 512-646-1984.
[17:02.520 --> 17:07.440]  January is the time for new beginnings, a chance to sharpen our focus on what's important
[17:07.440 --> 17:10.040]  and recommit to ourselves and loved ones.
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[19:40.560 --> 19:48.520]  Okay, we are back, Randy Kelton and Steve Skidmore, Rule of Law Radio.
[19:48.520 --> 19:54.000]  And Steve's tied up tonight, he won't be with us, so you're stuck with me all night.
[19:54.000 --> 20:01.600]  And I may sound a little pedantic here, but I'm going to start walking through the code,
[20:01.600 --> 20:06.560]  Texas Code of Criminal Procedure Concerning Grand Juries.
[20:06.560 --> 20:15.720]  I'm going to start with 20.02, Proceeding Secret.
[20:15.720 --> 20:26.600]  What I intend to do here is ask the legislature for some changes to three specific statutes.
[20:26.600 --> 20:29.280]  And this is the first one.
[20:29.280 --> 20:33.400]  The proceedings of the grand jury shall be secret.
[20:33.400 --> 20:40.040]  A grand juror, bailiff, interpreter, stenographer, or person operating an electronic recording
[20:40.040 --> 20:47.320]  device, persons preparing a typewritten transcription of a stenographic electronic recording, or
[20:47.320 --> 20:55.280]  a person operating a video teleconferencing system for use under Article 2151, who discloses
[20:55.280 --> 21:04.840]  anything transpiring before the grand jury, regardless of whether the thing transpiring
[21:04.840 --> 21:11.200]  is recorded in the course of the official duties of the grand jury is liable to a fine
[21:11.200 --> 21:18.040]  as for contempt of court not exceeding $500, imprisonment not exceeding 30 days, or both
[21:18.040 --> 21:20.960]  the fine and imprisonment.
[21:20.960 --> 21:29.720]  And it goes on to specify a whole bunch of things that are secret.
[21:29.720 --> 21:37.040]  What I want to do is add a paragraph to the end.
[21:37.040 --> 21:45.080]  The prosecutor and the judge that impanels the grand jury can give legal advice to the
[21:45.080 --> 21:46.200]  grand jury.
[21:46.200 --> 21:56.560]  The grand jury can request legal advice from either one of them.
[21:56.560 --> 22:05.120]  And they can come before the judge, before the judge that impaneled them, and request
[22:05.120 --> 22:06.120]  legal advice.
[22:06.120 --> 22:15.560]  But when they do that, they are cautioned not to reveal anything concerning the deliberations
[22:15.560 --> 22:17.660]  before the grand jury.
[22:17.660 --> 22:21.520]  But they can specifically ask for legal advice.
[22:21.520 --> 22:32.360]  And if you think about how a prosecuting attorney would control a grand jury, he would control
[22:32.360 --> 22:40.160]  a grand jury primarily by the way that he states the law to the grand jury.
[22:40.160 --> 22:48.160]  Because usually you have 12 or 24, 23, depending on the state, grand jurors.
[22:48.160 --> 22:56.200]  And it's unreasonable to think that a prosecuting attorney could get control of all of these
[22:56.200 --> 23:03.920]  people and get them to do something improper just because he says so.
[23:03.920 --> 23:09.480]  You might be able to do that in some countries, but not in America.
[23:09.480 --> 23:11.520]  We're just raised different.
[23:11.520 --> 23:16.800]  We're raised to be individuals, we're raised to think individually.
[23:16.800 --> 23:22.880]  The only way he's going to be able to get the grand jury to follow a certain course
[23:22.880 --> 23:29.240]  is to tell them that this is what the law prescribes.
[23:29.240 --> 23:40.320]  Therefore, when a prosecuting attorney is not presenting evidence to the grand jury,
[23:40.320 --> 23:48.160]  but rather is acting in this separate capacity.
[23:48.160 --> 23:54.520]  And I call it a separate capacity because when a prosecutor is prosecuting, he has absolute
[23:54.520 --> 23:58.520]  immunity from civil litigation.
[23:58.520 --> 24:02.400]  He doesn't have immunity from criminal prosecution, nobody has that.
[24:02.400 --> 24:08.160]  So when they say they have absolute immunity, they're leaving out absolute immunity from
[24:08.160 --> 24:12.220]  civil litigation.
[24:12.220 --> 24:14.520]  So he has immunity.
[24:14.520 --> 24:20.440]  However, when the prosecutor gives the legal advice to the clerk or to a bailiff or to
[24:20.440 --> 24:26.160]  a police officer, now he's a lawyer for the public official.
[24:26.160 --> 24:29.280]  And in that instance, he has no immunity.
[24:29.280 --> 24:36.120]  I once very recently went to the county attorney after I filed a criminal complaint with the
[24:36.120 --> 24:46.560]  police of criminal trespass, and the police refused to give it to some magistrate.
[24:46.560 --> 24:48.920]  And I went to the chief of police and asked him what the problem was.
[24:48.920 --> 24:52.440]  And he said that the prosecutor attorney said he wouldn't prosecute it.
[24:52.440 --> 24:55.780]  So I wasn't going to waste the taxpayer's money.
[24:55.780 --> 25:01.120]  And I told the chief of police, well, quite frankly, I'm not too concerned at this point
[25:01.120 --> 25:03.800]  about wasting taxpayers' money.
[25:03.800 --> 25:11.640]  What I am concerned about is my chief of police impersonating a judicial officer and making
[25:11.640 --> 25:20.040]  a judicial determination, that of probable cause.
[25:20.040 --> 25:24.200]  So he insisted that it was the prosecuting attorney who made this decision.
[25:24.200 --> 25:27.960]  So I went to the prosecuting attorney's office, and apparently he was called before I got
[25:27.960 --> 25:28.960]  there.
[25:28.960 --> 25:31.140]  So he was ready for me when I got there.
[25:31.140 --> 25:34.900]  He came out, he broke out of a meeting he was having.
[25:34.900 --> 25:42.240]  And he said, Mr. Kelton, do you think I am out of my professional mind?
[25:42.240 --> 25:49.960]  Do you really think I would risk civil litigation by giving legal advice to the police?
[25:49.960 --> 25:57.640]  I said, well, James, I didn't think so, but I'm just here following the thunder.
[25:57.640 --> 26:03.600]  So the prosecutor insisted that not only did he not give legal advice to the police, he
[26:03.600 --> 26:08.740]  would not, because he didn't want to risk being sued.
[26:08.740 --> 26:12.040]  And for me, that was wonderful, because I went back to the chief of police, knocked
[26:12.040 --> 26:16.360]  on his door, and he came out and he said, what can I do for you, Mr. Kelton?
[26:16.360 --> 26:24.600]  And I said, well, the county attorney just threw you under the bus, and I'm here to
[26:24.600 --> 26:26.440]  run you over with it.
[26:26.440 --> 26:29.440]  We had a great fun.
[26:29.440 --> 26:36.240]  We had a great chief of police here in the town I live in, and he took that really well.
[26:36.240 --> 26:47.360]  But what I want is to add paragraph G to the end of 20.02, legal advice given to the grand
[26:47.360 --> 26:54.460]  jury by the prosecuting attorney, as said advice concerns law applicable to the duties
[26:54.460 --> 27:01.320]  of the grand jury or as the law concerning the particulars of the statute the defendant
[27:01.320 --> 27:07.320]  is accused of violating shall be deemed public and made available to any person requesting
[27:07.320 --> 27:09.240]  said advice.
[27:09.240 --> 27:14.720]  The prosecutor shall only reveal the legal advice given to the grand jury and shall not
[27:14.720 --> 27:20.560]  reveal any information relating to any other matters.
[27:20.560 --> 27:29.000]  Now it's not unreasonable to determine the legal advice given to the grand jury.
[27:29.000 --> 27:35.280]  Advice has nothing to do with anything before the grand jury, but only with the laws it's
[27:35.280 --> 27:41.440]  written and as it is related to a grand jury.
[27:41.440 --> 27:44.380]  That's how the prosecutor would control them.
[27:44.380 --> 27:54.320]  And by making that portion public, we could eliminate the major way in which a prosecuting
[27:54.320 --> 28:00.360]  attorney could control the grand jury.
[28:00.360 --> 28:07.440]  Okay 20.03, let me read this, it's just one paragraph, the attorney representing the state
[28:07.440 --> 28:13.440]  means the attorney general, district attorney, criminal district attorney, or county attorney.
[28:13.440 --> 28:19.320]  The attorney representing the state is entitled to go before the grand jury and inform them
[28:19.320 --> 28:26.680]  of offenses liable to indictment at any time except when they are discussing the propriety
[28:26.680 --> 28:32.000]  of finding an indictment or voting upon the same.
[28:32.000 --> 28:40.660]  So this specifically authorizes the prosecuting attorney to go before the grand jury and advise
[28:40.660 --> 28:45.580]  them of crime as a matter of right.
[28:45.580 --> 28:53.720]  This is one statute that has been grossly misinterpreted by prosecuting attorneys.
[28:53.720 --> 29:03.080]  Prosecuting attorneys take this to mean that only prosecuting attorneys may go before the
[29:03.080 --> 29:06.520]  grand jury and advise them of crime.
[29:06.520 --> 29:20.040]  Well that's not so because 20.09, duties of grand juries, the grand jury shall inquire
[29:20.040 --> 29:26.800]  into all offenses liable to indictment of which any member may have knowledge or of
[29:26.800 --> 29:34.100]  which they shall be informed by the attorney representing the state or any other credible
[29:34.100 --> 29:37.920]  person.
[29:37.920 --> 29:45.360]  A credible person is defined as anyone over 18 never convicted of a felony.
[29:45.360 --> 29:54.080]  Randy Kelton, Steve Skidmore, Wheelbar Radio, call in number 512-646-1984, give us a call
[29:54.080 --> 29:58.200]  and while we're on this somewhat extended break, go check out our advertisers.
[29:58.200 --> 30:04.760]  You'll be right.
[30:04.760 --> 30:09.520]  The government wants to be able to secretly attach GPS to anyone's car and track them
[30:09.520 --> 30:10.520]  without a warrant.
[30:10.520 --> 30:12.560]  Should the Supreme Court cry foul?
[30:12.560 --> 30:18.660]  I'm Dr. Catherine Albrecht, back with a story that could soon affect us all in a moment.
[30:18.660 --> 30:20.400]  Privacy is under attack.
[30:20.400 --> 30:24.000]  When you give up data about yourself, you'll never get it back again.
[30:24.000 --> 30:28.980]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:28.980 --> 30:34.200]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:34.200 --> 30:36.760]  Privacy, it's worth hanging on to.
[30:36.760 --> 30:42.360]  This message is brought to you by startpage.com, the private search engine alternative to Google,
[30:42.360 --> 30:44.080]  Yahoo and Bing.
[30:44.080 --> 30:47.480]  Start over with StartPage.
[30:47.480 --> 30:52.040]  Should the feds be allowed to secretly monitor citizens' vehicles without a warrant?
[30:52.040 --> 30:57.120]  That's the question in United States versus Jones, a watershed U.S. Supreme Court case.
[30:57.120 --> 31:01.560]  It involves a man named Antoine Jones suspected of cocaine trafficking.
[31:01.560 --> 31:07.400]  FBI agents secretly planted a GPS tracker on his Jeep, then tracked Jones for over a
[31:07.400 --> 31:08.400]  month.
[31:08.400 --> 31:12.040]  Trouble is they never bothered to get a court order, which is unconstitutional.
[31:12.040 --> 31:16.320]  The Supreme Court ruling is expected by this summer, but if the court doesn't stomp on
[31:16.320 --> 31:22.120]  the FBI for this, we can expect the FBI to stomp on the Constitution even further.
[31:22.120 --> 31:31.560]  I'm Dr. Catherine Albrecht for startpage.com, the world's most private search engine.
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[32:03.040 --> 32:05.800]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.800 --> 32:09.680]  In today's America, we live in an us-against-them society, and if we the people are ever going
[32:09.680 --> 32:13.640]  to have a free society, then we're going to have to stand and defend our own rights.
[32:13.640 --> 32:16.840]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.840 --> 32:20.880]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.880 --> 32:24.720]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.720 --> 32:26.160]  our rights through due process.
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[32:30.080 --> 32:33.880]  most comprehensive teaching tool available that will help you understand what due process
[32:33.880 --> 32:36.240]  is and how to hold courts to the rule of law.
[32:36.240 --> 32:40.280]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:40.280 --> 32:41.280]  ordering your copy today.
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[32:44.920 --> 32:49.320]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
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[32:51.640 --> 32:54.920]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.920 --> 33:11.000]  Order your copy today, and together we can have the free society we all want and deserve.
[33:11.000 --> 33:40.360]  Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking about
[33:40.360 --> 33:45.440]  the grand jury and some statutory changes we want to make.
[33:45.440 --> 33:49.920]  When I went out, I was reading the duties of the grand jury.
[33:49.920 --> 34:00.320]  So it's clear that the grand jury has a duty to inquire into all offenses liable to indictment
[34:00.320 --> 34:05.480]  of which any member may have knowledge of which they shall be informed by the attorney
[34:05.480 --> 34:07.800]  representing the state or any credible person.
[34:07.800 --> 34:20.880]  We go back to 2.03, where it specifically authorizes the attorney representing the state
[34:20.880 --> 34:23.040]  to present to a grand jury.
[34:23.040 --> 34:33.480]  That seems redundant, but actually it's not because it goes back to standing.
[34:33.480 --> 34:42.680]  The prosecuting attorney is a public official, unlike you and I.
[34:42.680 --> 34:44.800]  They're public officials or public servants.
[34:44.800 --> 34:53.400]  We're the masters of those servants, and as such, we can do anything we want to unless
[34:53.400 --> 34:59.440]  the law specifically forbids us to do so.
[34:59.440 --> 35:03.200]  And that's okay because the law is our law.
[35:03.200 --> 35:09.340]  Our law that we, along with all of our other masters, created.
[35:09.340 --> 35:14.720]  But we're only subject to the restrictions that we allow in the law.
[35:14.720 --> 35:17.480]  Otherwise, we can do anything we want to.
[35:17.480 --> 35:24.440]  Public official, on the other hand, acting in an official capacity may only do what he
[35:24.440 --> 35:28.760]  is specifically authorized to do.
[35:28.760 --> 35:35.240]  And the legislature specifically authorized a prosecuting attorney to give notice of crime
[35:35.240 --> 35:37.400]  to a grand jury.
[35:37.400 --> 35:50.680]  It is, in fact, somewhat redundant to 20.09, and it created a rather specific misinterpretation.
[35:50.680 --> 35:57.980]  Prosecutors took this statute to indicate that since private citizens were not included
[35:57.980 --> 36:03.520]  in this authorization, that they were necessarily excluded.
[36:03.520 --> 36:07.560]  And that is simply not true.
[36:07.560 --> 36:19.320]  Now, if the other persons that the prosecutor attempted to apply this to were public officials,
[36:19.320 --> 36:25.720]  then every other public official, when he's acting in his official capacity, would have
[36:25.720 --> 36:34.720]  to have this specific authorization because he is not a prosecuting attorney or credible
[36:34.720 --> 36:36.000]  person.
[36:36.000 --> 36:38.480]  Not when he's acting in his official capacity.
[36:38.480 --> 36:46.080]  Any public official can come to a grand jury or to a magistrate and give notice of crime
[36:46.080 --> 36:47.840]  in his private capacity.
[36:47.840 --> 36:51.600]  And in fact, that's what a police officer does.
[36:51.600 --> 36:58.160]  He gives notice of crime in his private capacity as one of the masters, not in his official
[36:58.160 --> 37:00.800]  capacity as a police officer.
[37:00.800 --> 37:09.560]  So anyway, what I want to add to 20.03 is paragraph B. Any person may give notice to
[37:09.560 --> 37:16.600]  the grand jury of crimes in the same manner as the attorney representing the state.
[37:16.600 --> 37:23.240]  So we stop prosecuting attorneys from telling public, telling private citizens that they
[37:23.240 --> 37:26.960]  can't give notice of crime to a grand jury.
[37:26.960 --> 37:35.560]  Now, that may be a little bit hard to get past the legislature because the prosecutors
[37:35.560 --> 37:41.400]  are going to jump up and down and rail in righteous indignation about that.
[37:41.400 --> 37:47.880]  And that's okay because both of those first two, you know, the prosecutor is going to
[37:47.880 --> 37:57.280]  be real unhappy about having their advice to the grand jury on legal matters made public.
[37:57.280 --> 38:01.560]  Right now, they can give them any kind of advice they want to.
[38:01.560 --> 38:06.760]  And pretty well keep that private because the grand jury is not going to reveal it.
[38:06.760 --> 38:10.400]  Nobody's going to reveal it because everybody's forbidden to.
[38:10.400 --> 38:16.320]  So the prosecutor can go in there and just simply lie about the law.
[38:16.320 --> 38:21.480]  And there's really no way of sorting that out.
[38:21.480 --> 38:25.640]  But prosecutor wants to keep that because he wants to be able to control his grand jury.
[38:25.640 --> 38:32.000]  So they're going to jump up and down rail in righteous indignation and raise a big stink.
[38:32.000 --> 38:34.200]  And then we get to the third one.
[38:34.200 --> 38:43.640]  Let's go back to 20.09, duties of grand jury shall inquire into all offenses liable indictment
[38:43.640 --> 38:48.200]  of which any member may have knowledge of which they shall be informed by the attorney
[38:48.200 --> 38:51.240]  representing the state or any other credible person.
[38:51.240 --> 39:00.000]  I want to add paragraph B. In order to facilitate the intent of paragraph A above, the grand
[39:00.000 --> 39:08.160]  jury shall set aside time at each meeting to receive notice of crimes subject to indictment
[39:08.160 --> 39:13.360]  presented by any credible person.
[39:13.360 --> 39:21.560]  Now that one's going to be a lot harder for the prosecutor to argue against.
[39:21.560 --> 39:33.280]  Now he can raise an argument over secrecy and he can raise an argument over his right to
[39:33.280 --> 39:41.320]  keep what he tells the grand jury out of the public eye, but it's clear in paragraph A,
[39:41.320 --> 39:46.840]  right now there's only one paragraph so it's not labeled A, that any other credible person
[39:46.840 --> 39:49.760]  can give notice to the grand jury.
[39:49.760 --> 39:52.720]  It will be real hard for him to argue against this.
[39:52.720 --> 39:55.760]  Besides grand juries used to do that.
[39:55.760 --> 40:03.480]  When I first moved to Texas in 76, in Fort Worth grand juries would sit to hear complaints
[40:03.480 --> 40:08.360]  by private citizens, but nobody ever showed up so they quit doing that.
[40:08.360 --> 40:12.680]  Well they didn't need to show up because it was working.
[40:12.680 --> 40:17.360]  A policeman pull you over on the street, he's going to be careful because he don't want
[40:17.360 --> 40:22.280]  to make you angry by doing something stupid, and have you go down and tell the grand jury
[40:22.280 --> 40:27.720]  what he did that was stupid, because whether he gets indicted or not, he's going to have
[40:27.720 --> 40:33.240]  himself a problem when the grand jury starts making inquiries to his boss as to why a citizen's
[40:33.240 --> 40:36.440]  down here trying to get him indicted.
[40:36.440 --> 40:43.280]  The whole idea is not to get him indicted, the whole idea is to keep them from doing
[40:43.280 --> 40:49.500]  those things that would subject them to indictment.
[40:49.500 --> 41:02.040]  If you've listened to the show a lot, you've heard me talk about my intended ultimate outcome.
[41:02.040 --> 41:08.360]  It is my intended ultimate outcome to place every sheriff in the country in a position
[41:08.360 --> 41:10.440]  such that.
[41:10.440 --> 41:14.880]  When they step up behind the bench and look out across the bar at the gallery, we want
[41:14.880 --> 41:17.560]  them wondering which one.
[41:17.560 --> 41:23.760]  Which one of those scoundrels out there are waiting for me to do something in this court
[41:23.760 --> 41:27.760]  so he can run down to the grand jury and try to get me indicted?
[41:27.760 --> 41:36.200]  It's not about getting the judge indicted, it's about reminding him of who is the servant
[41:36.200 --> 41:39.440]  and who is the master.
[41:39.440 --> 41:51.000]  If we can get just this last one in place, we can essentially change everything.
[41:51.000 --> 42:00.720]  Then when the prosecutors do things like they did in the Tom DeLay case or in the Rick Perry
[42:00.720 --> 42:08.200]  case where they secured an indictment illegally, now any citizen who's aware of it can go
[42:08.200 --> 42:13.640]  down to the grand jury and pursue an indictment properly.
[42:13.640 --> 42:19.400]  We're going to go to break here in a minute or two.
[42:19.400 --> 42:23.480]  Our phone lines are open, 512-646-1984.
[42:23.480 --> 42:30.640]  We'll be taking calls on any subject, foreclosure, rest, anything.
[42:30.640 --> 42:36.060]  Nobody up yet, so if you have a question or comment, give us a call.
[42:36.060 --> 42:44.240]  We do have our fundraiser going, and frankly guys, it's doing really pitiful this year
[42:44.240 --> 42:49.720]  because of the nature of this broadcast.
[42:49.720 --> 42:56.760]  We're not the broadcaster actually, we just produce the stream.
[42:56.760 --> 43:04.480]  Our only source of income are the advertisers on our network and these fundraisers.
[43:04.480 --> 43:07.080]  For the most part, we pay for these things out of our own pocket.
[43:07.080 --> 43:11.000]  None of the broadcasters on this network get paid for what they do.
[43:11.000 --> 43:16.640]  We donate our time and donate what we know and even take money out of our own pocket
[43:16.640 --> 43:19.880]  to keep this thing going.
[43:19.880 --> 43:32.280]  If you find value in what we present, go to Logos Radio Network and look at our sponsors.
[43:32.280 --> 43:34.640]  If you need something, they provide.
[43:34.640 --> 43:38.840]  Instead of getting it somewhere else, we would appreciate if you get it from them and give
[43:38.840 --> 43:44.000]  them reason to keep advertising on our network.
[43:44.000 --> 43:51.080]  By all means, send in a donation and get in the drawing for the pistol in the mud, the
[43:51.080 --> 43:52.080]  toothpaste stuff.
[43:52.080 --> 43:56.200]  We need all the help we can get.
[43:56.200 --> 44:02.480]  Randy Kelton, Steve Skidmore, we'll be right back.
[44:02.480 --> 44:03.480]  Hello.
[44:03.480 --> 44:07.880]  My name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by
[44:07.880 --> 44:13.280]  our store at 1904 Guadalupe Street, Suite D here in Austin, Texas behind Brave New Books
[44:13.280 --> 44:18.160]  and Chase Bank to see all our fantastic health and wellness products with your very own eyes.
[44:18.160 --> 44:22.560]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
[44:22.560 --> 44:26.560]  Take a peek at some of our other wonderful products including our Australian Eme oil,
[44:26.560 --> 44:30.280]  lotion candles, olive oil, soaps, and colloidal silver and gold.
[44:30.280 --> 44:43.120]  Call 512-264-4043 or find us online at naturespureorganics.com, that's 512-264-4043, naturespureorganics.com.
[44:43.120 --> 45:01.240]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.240 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
[45:04.440 --> 45:09.680]  Win your case without an attorney with Juris Dictionary, the affordable, easy to understand
[45:09.680 --> 45:14.960]  four CD course that will show you how in 24 hours, step by step.
[45:14.960 --> 45:19.000]  If you have a lawyer, know what your lawyer should be doing.
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[45:34.840 --> 45:39.480]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:39.480 --> 45:43.640]  principles and practices that control our American courts.
[45:43.640 --> 45:49.840]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.840 --> 45:52.640]  pro se tactics, and much more.
[45:52.640 --> 46:20.800]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[46:20.800 --> 46:42.440]  Thank you.
[46:50.800 --> 46:58.300]  Shouting distance, a vote for bravery, and against slavery, showing resistance.
[46:58.300 --> 47:03.300]  First I'm crawling, then I'm walking, then I start strutting.
[47:03.300 --> 47:08.300]  I'm just so glad to make my living pushing buttons.
[47:11.300 --> 47:14.300]  Whoa, whoa, whoa, whoa.
[47:16.800 --> 47:19.300]  Whoa, whoa, whoa, whoa.
[47:19.300 --> 47:20.800]  Yeah.
[47:20.800 --> 47:23.300]  We sat down to play Monopoly.
[47:23.300 --> 47:24.800]  OK, we are back.
[47:24.800 --> 47:27.300]  Randy Kelton, Steve Skidmore, we have our radio.
[47:27.300 --> 47:32.800]  And we have on Ken Magnuson today, our special guest.
[47:32.800 --> 47:33.800]  We had him on last night.
[47:33.800 --> 47:36.300]  We were talking about some issues.
[47:36.300 --> 47:42.800]  Ken, did you have something in particular you wanted to address other than Grand Jury?
[47:42.800 --> 47:50.300]  Well, the Texas Legislature is meeting, and there's going to be some bills proposed.
[47:50.300 --> 47:51.800]  Ken, Ken, Ken.
[47:51.800 --> 47:52.300]  What?
[47:52.300 --> 47:53.800]  Back away from your mic a little bit.
[47:53.800 --> 47:56.800]  You're getting a little staticky.
[47:56.800 --> 47:57.800]  Hello?
[47:57.800 --> 47:59.300]  That's better.
[47:59.300 --> 48:00.300]  OK.
[48:00.300 --> 48:07.300]  The Texas Legislature is meeting, and they only meet every other year for 181 days.
[48:07.300 --> 48:09.300]  So it's through May.
[48:09.300 --> 48:13.800]  And there's going to be some bills proposed in order to change some of the laws regarding
[48:13.800 --> 48:18.800]  judges and the procedures in court in order to hopefully establish a little bit more due
[48:18.800 --> 48:23.300]  process in the system that seems to be void of due process now.
[48:23.300 --> 48:25.300]  Well, let me refresh that.
[48:25.300 --> 48:27.800]  It's not necessarily devoid of due process.
[48:27.800 --> 48:30.800]  Due process is discretionary.
[48:30.800 --> 48:36.300]  So the issue here is that people need to pay attention and look at what's being proposed
[48:36.300 --> 48:40.800]  legislation, and hopefully we'll be able to put some of the bill numbers up and information
[48:40.800 --> 48:44.300]  about the bills on the rule of law radio page.
[48:44.300 --> 48:48.800]  The other thing that's a big issue coming up this year is the State Bar of Texas comes
[48:48.800 --> 48:51.300]  under review, under sunset review.
[48:51.300 --> 48:58.300]  And to remind the listeners of what they may not be aware of is in Texas there's a sunset
[48:58.300 --> 48:59.300]  commission.
[48:59.300 --> 49:05.800]  It's composed of members of the legislature, and this commission meets to discuss what
[49:05.800 --> 49:09.300]  changes need to be done to state agencies and so forth.
[49:09.300 --> 49:15.300]  And just to clarify things, the State Bar of Texas has been considered a quasi-state
[49:15.300 --> 49:16.300]  agency.
[49:16.300 --> 49:21.800]  It's like when it's convenient for the state to call it a private corporation, it
[49:21.800 --> 49:22.800]  does.
[49:22.800 --> 49:29.300]  When they want to have protection and hide behind the skirts of the state and not be
[49:29.300 --> 49:34.300]  available for public information and so forth, they call it a state agency.
[49:34.300 --> 49:41.800]  So it's one of those where we've created a hybrid organization that essentially is
[49:41.800 --> 49:43.300]  the worst of both worlds.
[49:43.300 --> 49:49.300]  It's both government and it's also private and it's very secret.
[49:49.300 --> 49:53.460]  So we need to get people who've had bad experiences with their lawyers come down and
[49:53.460 --> 49:59.300]  testify before the sunset commission when they start setting up hearings.
[49:59.300 --> 50:02.900]  Now, the sunset commission has their own website.
[50:02.900 --> 50:07.100]  People are encouraged to go out and look, pick the State Bar of Texas and look at where
[50:07.100 --> 50:10.600]  it's been scheduled for public hearings and testimony.
[50:10.600 --> 50:12.180]  You can submit written comments.
[50:12.180 --> 50:17.620]  I suggest people do that, but I suggest you do it in a professional manner.
[50:17.620 --> 50:23.100]  This is like a research paper where you set the stage for what happened in your case and
[50:23.100 --> 50:28.140]  you name what happened and you attach exhibits, complaints to the attorney about the attorney
[50:28.140 --> 50:33.340]  that you complained about and essentially the letter that you no doubtly received which
[50:33.340 --> 50:36.900]  said we're not going to do anything about this, including we're not even going to
[50:36.900 --> 50:42.620]  call this a complaint, which is what the state bar has been doing for the last 10 years.
[50:42.620 --> 50:49.380]  So that's what's going on in Texas politics and with the legal system and we can address
[50:49.380 --> 50:55.700]  some other issues if you've got them available for call-ins today.
[50:55.700 --> 51:00.020]  So that's what I've got.
[51:00.020 --> 51:01.660]  Okay.
[51:01.660 --> 51:06.820]  The phone lines are open and we do have a caller.
[51:06.820 --> 51:10.140]  If it's okay with you, Ken, we will take this caller.
[51:10.140 --> 51:11.140]  Okay.
[51:11.140 --> 51:16.660]  And if we run out of callers, I want to talk more about the legislature and maybe we can
[51:16.660 --> 51:23.980]  formulate a strategy for going after the bar this year.
[51:23.980 --> 51:26.020]  I would like to do that.
[51:26.020 --> 51:27.020]  Thank you.
[51:27.020 --> 51:28.020]  Okay.
[51:28.020 --> 51:30.020]  Rick, what do you have for us today?
[51:30.020 --> 51:31.020]  How are you doing?
[51:31.020 --> 51:37.580]  I talked to you several months ago in regards to a permit that I acquired back in March
[51:37.580 --> 51:40.700]  of 2013 to build a patio in my backyard.
[51:40.700 --> 51:41.700]  Okay.
[51:41.700 --> 51:42.700]  Hold on.
[51:42.700 --> 51:43.700]  Hold on.
[51:43.700 --> 51:44.700]  We missed the very first part of that.
[51:44.700 --> 51:46.700]  You were a little far from the mic.
[51:46.700 --> 51:47.700]  Okay.
[51:47.700 --> 51:53.420]  I acquired a permit from Developmental Services with full compliance for a detached covered
[51:53.420 --> 51:58.660]  patio in my backyard back in March of 2013.
[51:58.660 --> 52:03.700]  We built a structure and now the city is revoking the permit and asking me to take the structure
[52:03.700 --> 52:05.740]  down two years later.
[52:05.740 --> 52:12.900]  So I'm having to go to court and they call it the City Administrative Hearing Summon.
[52:12.900 --> 52:15.220]  And I'm going in there and they're just...
[52:15.220 --> 52:16.220]  Wait, wait.
[52:16.220 --> 52:17.220]  Hold on a second.
[52:17.220 --> 52:19.620]  I'm getting background noise from someone.
[52:19.620 --> 52:22.580]  Ken, are you shuffling papers?
[52:22.580 --> 52:23.580]  Probably.
[52:23.580 --> 52:24.580]  Yeah.
[52:24.580 --> 52:27.500]  It's coming on pretty loud over there.
[52:27.500 --> 52:29.980]  You can mute your mic up there in Skype.
[52:29.980 --> 52:30.980]  Okay.
[52:30.980 --> 52:31.980]  Okay.
[52:31.980 --> 52:32.980]  Go ahead.
[52:32.980 --> 52:33.980]  I'm not using Skype.
[52:33.980 --> 52:34.980]  Oh.
[52:34.980 --> 52:35.980]  Okay.
[52:35.980 --> 52:40.900]  So, long story short, for the last six months, the city has been sending me letters of administrative
[52:40.900 --> 52:43.620]  citations and finding me $300.
[52:43.620 --> 52:44.620]  Okay.
[52:44.620 --> 52:45.620]  Hold on.
[52:45.620 --> 52:48.380]  The city gave you a permit to build?
[52:48.380 --> 52:50.980]  To build, yes, sir.
[52:50.980 --> 52:58.140]  Are they claiming that you violated some building code in doing the construction?
[52:58.140 --> 52:59.140]  Yes.
[52:59.140 --> 53:03.900]  They said that I did not build a detached covered patio.
[53:03.900 --> 53:09.260]  They're changing their story and saying that I built a fence.
[53:09.260 --> 53:15.860]  Whereas the permit says I'm to build a detached covered patio, 12 feet high, with six inches
[53:15.860 --> 53:17.740]  of covering on the top of it.
[53:17.740 --> 53:21.460]  So, that's the way the permit was written.
[53:21.460 --> 53:24.980]  Their supervisors helped me write it and design the structure.
[53:24.980 --> 53:31.940]  So, now the city is revoking the permit and they're saying you didn't build a patio,
[53:31.940 --> 53:33.940]  you built a fence.
[53:33.940 --> 53:35.620]  Okay.
[53:35.620 --> 53:39.540]  On the face of it, this doesn't make sense.
[53:39.540 --> 53:44.020]  Does this have a cover over it?
[53:44.020 --> 53:46.420]  Yes.
[53:46.420 --> 53:57.620]  Can you get from the city a definition of fence as opposed to a definition of patio?
[53:57.620 --> 54:01.980]  When they helped me write the permit, I asked them to pull up the codes and they said there
[54:01.980 --> 54:07.940]  is no code for the minimum and maximum cover.
[54:07.940 --> 54:13.180]  You can make it, you know, six inches, 12 inches, there is no limit and there's no minimum.
[54:13.180 --> 54:17.620]  So, they themselves told me you can make it any size you want as long as it's covered
[54:17.620 --> 54:18.620]  on the top.
[54:18.620 --> 54:19.620]  Otherwise, it's called a fence.
[54:19.620 --> 54:25.260]  So, that's what separates it from a fence because it has a cover on top of it to cover
[54:25.260 --> 54:26.740]  the patio and the pool.
[54:26.740 --> 54:27.740]  Okay.
[54:27.740 --> 54:29.220]  And this one has a cover on it?
[54:29.220 --> 54:30.700]  Yes, it does.
[54:30.700 --> 54:36.980]  And I emailed documents last night and you should have the permit there, you should have
[54:36.980 --> 54:41.980]  a picture of the structure there and then the citation that follows.
[54:41.980 --> 54:47.380]  I get about a hundred emails a day, so I don't remember seeing anything from you.
[54:47.380 --> 54:52.460]  Yeah, I sent it to Larry Moe and...
[54:52.460 --> 54:53.460]  That's not me.
[54:53.460 --> 54:54.460]  No.
[54:54.460 --> 54:57.580]  I don't know who Larry Moe and Curly are.
[54:57.580 --> 55:00.580]  That's probably Eddie Craig.
[55:00.580 --> 55:02.580]  That's Eddie, yeah.
[55:02.580 --> 55:07.540]  Now, they're saying they gave me the permit in error and they're finding me $300.
[55:07.540 --> 55:14.180]  Now, they're finding me $1,000 and I told them I'm not paying the citation for your
[55:14.180 --> 55:15.180]  errors.
[55:15.180 --> 55:27.980]  Well, I would suggest that either someone's making an unsubstantiated claim and filing
[55:27.980 --> 55:35.460]  fraudulent documents, or the building inspector lied to you when you were designing it.
[55:35.460 --> 55:39.100]  Can I get in?
[55:39.100 --> 55:40.100]  Yes.
[55:40.100 --> 55:41.100]  Yeah.
[55:41.100 --> 55:46.660]  The first question I have is when was the last hearing and are you aware of the appeals
[55:46.660 --> 55:48.620]  process for that hearing?
[55:48.620 --> 55:55.180]  Yes, I went through the appeals process and then I went to a board hearing and I lost
[55:55.180 --> 55:57.740]  both appeals and I lost the meeting with the board.
[55:57.740 --> 56:02.980]  They said, you did not build a patio, you built a fence and I said, you know, I built...
[56:02.980 --> 56:04.980]  You got it in writing?
[56:04.980 --> 56:08.420]  I got one in writing.
[56:08.420 --> 56:10.420]  The decision of the board?
[56:10.420 --> 56:16.100]  Yes, they sent me a letter saying, we have come to the decision that you built a...
[56:16.100 --> 56:20.220]  Okay, there's an appeal process for that as well.
[56:20.220 --> 56:21.220]  When did that happen?
[56:21.220 --> 56:22.780]  When was the date of that determination?
[56:22.780 --> 56:25.860]  That was like six months ago.
[56:25.860 --> 56:33.220]  Oh, you missed your time deadline to any of this, but avoid order is avoid order.
[56:33.220 --> 56:35.100]  You could sue them for the damages.
[56:35.100 --> 56:39.540]  The problem is that they were barred by estoppel for raising this issue since they gave you
[56:39.540 --> 56:44.900]  the permit and they participated in the process of helping you design it.
[56:44.900 --> 56:48.260]  So they essentially created the...
[56:48.260 --> 56:55.100]  Even if it failed the requirements of the city, the city helped you do the failure.
[56:55.100 --> 56:58.980]  So they were participatory in causing the failure.
[56:58.980 --> 57:00.140]  That's one argument.
[57:00.140 --> 57:05.220]  The other argument is, did you actually submit plans that were approved by the city?
[57:05.220 --> 57:07.260]  Yes, I did.
[57:07.260 --> 57:09.660]  It took me like a month to get this plan approved.
[57:09.660 --> 57:10.660]  Okay.
[57:10.660 --> 57:15.980]  Now, if they made this decision six months ago, you need to go to a district court and
[57:15.980 --> 57:20.180]  get a restraining order against them indicating that they were barred...they're barred by
[57:20.180 --> 57:25.660]  estoppel and they don't have authority to do this since they gave you permission.
[57:25.660 --> 57:32.500]  Now, I'm not sure all of the procedures that were required and whether or not you followed
[57:32.500 --> 57:33.500]  all the procedures.
[57:33.500 --> 57:38.460]  And I don't know what you submitted as evidence in their administrative hearings, but the
[57:38.460 --> 57:43.740]  issue is they can't make a capricious and arbitrary decision because they want to.
[57:43.740 --> 57:49.220]  They're barred from the fact that they did this and time doesn't make this go away except
[57:49.220 --> 57:54.540]  for the fact that the issue about administrative hearings is generally once they happen, you
[57:54.540 --> 57:58.620]  have to challenge them in court like in 14 days.
[57:58.620 --> 58:03.700]  So the only issue that you can do now is to get a restraining order indicating that they
[58:03.700 --> 58:11.660]  essentially cited you for a false and malicious claim that they had and they had no standing
[58:11.660 --> 58:12.660]  to bring it up.
[58:12.660 --> 58:16.020]  Do you agree with that, Randy?
[58:16.020 --> 58:17.020]  Absolutely.
[58:17.020 --> 58:21.560]  And hang on, we're about to go to break.
[58:21.560 --> 58:27.060]  This is Randy Kelton, Steve Skidmore, we're here with Ken Magnuson.
[58:27.060 --> 58:32.940]  I call in number 512-646-1984 and going to the top of the hour breaks, we've got a few
[58:32.940 --> 58:33.940]  minutes.
[58:33.940 --> 58:43.460]  While we're on the break, go to Logos Radio Network and donate and get in the drawing
[58:43.460 --> 58:50.220]  for the gun and maybe I'm out of time.
[58:50.220 --> 58:54.380]  Would you like to make more definite progress in your walk with God?
[58:54.380 --> 58:59.580]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.580 --> 59:00.900]  can really help.
[59:00.900 --> 59:05.340]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.340 --> 59:06.340]  today.
[59:06.340 --> 59:10.260]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.260 --> 59:13.380]  to know God and to know the meaning of life.
[59:13.380 --> 59:18.620]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.620 --> 59:22.900]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.900 --> 59:27.820]  of salvation, growing in Christ, and how to build up the Church.
[59:27.820 --> 59:32.840]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.840 --> 59:45.620]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102 or visit
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[59:49.180 --> 01:00:03.060]  Live, free speech radio, logosradionetwork.com.
[01:00:03.060 --> 01:00:07.300]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[01:00:07.300 --> 01:00:09.060]  at thelibertybeat.com.
[01:00:09.060 --> 01:00:13.460]  I'm Brian Hagan with your Liberty Beat for Friday, January 23, 2015.
[01:00:13.460 --> 01:00:20.660]  Gold is trading at $1,299, silver at $18.33, and bitcoin is trading around $229.
[01:00:20.660 --> 01:00:24.380]  Today's precious metal prices are brought to you by Roberts and Roberts Brokerage Incorporated.
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[01:00:29.020 --> 01:00:35.580]  Visit the new online store at rrbi.co or call them up at 800-874-9760.
[01:00:35.580 --> 01:00:37.700]  How much food is in your pantry right now?
[01:00:37.700 --> 01:00:40.540]  Could you feed your family for two weeks, one week?
[01:00:40.540 --> 01:00:42.820]  How about even three days without any help?
[01:00:42.820 --> 01:00:46.300]  Keeping an emergency food storage kit is the most effective way to begin to ensure your
[01:00:46.300 --> 01:00:49.020]  family's well-being during an emergency.
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[01:00:52.900 --> 01:00:59.700]  Go to eFoodsDirect.com slash Liberty Beat or call 800-620-5520 to learn more about food
[01:00:59.700 --> 01:01:02.300]  security in a time of crisis.
[01:01:02.300 --> 01:01:07.420]  In the news, Silk Road trial day six, which began with defense attorney Joshua Dreidel
[01:01:07.420 --> 01:01:10.340]  cross-examining FBI agent Tom Kiernan.
[01:01:10.340 --> 01:01:15.220]  He's the computer specialist who first examined Ross Ulbricht's computer after his arrest.
[01:01:15.220 --> 01:01:19.060]  Ulbricht is the creator of the Silk Road marketplace and is charged with crimes associated with
[01:01:19.060 --> 01:01:23.820]  his alleged involvement in facilitating drug sales between vendors and customers.
[01:01:23.820 --> 01:01:27.340]  Part of Dreidel's questioning focused on the fact that BitTorrent, a peer-to-peer file
[01:01:27.340 --> 01:01:30.420]  sharing program, was running on Ulbricht's computer.
[01:01:30.420 --> 01:01:34.540]  It appeared he was trying to insinuate that through malware put on Ulbricht's computer,
[01:01:34.540 --> 01:01:38.780]  through BitTorrent, someone could have placed the chat logs and journals on his hard drive.
[01:01:38.780 --> 01:01:42.060]  Any doubt that may have been in the jury's mind after hearing about the possibility of
[01:01:42.060 --> 01:01:46.940]  malware likely vanished after the state's redirect, where U.S. Attorney Howard asked
[01:01:46.940 --> 01:01:50.340]  agent Kiernan if the computer did in fact have any malware.
[01:01:50.340 --> 01:01:52.300]  Kiernan replied in the negative.
[01:01:52.300 --> 01:01:56.340]  Of significance for the defense, there were chats from Ulbricht with a friend where he
[01:01:56.340 --> 01:01:59.540]  states he sold the site in the fall of 2011.
[01:01:59.540 --> 01:02:04.380]  That aligns with an interview conducted in 2013 with Dread Pirate Roberts by Wired reporter
[01:02:04.380 --> 01:02:09.460]  Andy Greenberg, where DPR states he acquired the site from someone else.
[01:02:09.460 --> 01:02:13.380]  The revelation seems to go along with the defense's narrative that Ulbricht built the
[01:02:13.380 --> 01:02:17.340]  site but later gave it up after it became too stressful.
[01:02:17.340 --> 01:02:21.840]  Also revealed during the day through discussion between the judge and the defense is the possibility
[01:02:21.840 --> 01:02:24.420]  that Ulbricht himself may take the stand.
[01:02:24.420 --> 01:02:27.460]  The Liberty Beat will keep you up to date as the trial continues.
[01:02:27.460 --> 01:02:30.340]  To support our efforts to have journalists on the ground through the entirety of the
[01:02:30.340 --> 01:02:34.780]  trial in New York, visit TheLibertyBeat.com and click the support link.
[01:02:34.780 --> 01:02:39.380]  Today's broadcast of The Liberty Beat is sponsored by Central Texas Gunworks, your
[01:02:39.380 --> 01:02:43.700]  online source for firearms, firearm accessories, and ammunition.
[01:02:43.700 --> 01:02:47.060]  They take major credit cards and now accept bitcoin.
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[01:02:51.540 --> 01:02:56.740]  This is The Liberty Beat for Friday, January 23, 2015.
[01:02:56.740 --> 01:03:00.660]  Check out the website at TheLibertyBeat.com.
[01:03:27.740 --> 01:03:34.740]  I won't pay for the war with my body Ain't gonna pay for the car with my money
[01:03:34.740 --> 01:03:41.740]  I won't pay for the fun with my body Their plans wicked and their logic shoddy
[01:03:41.740 --> 01:03:48.740]  Ain't gonna pay for the oil with my body I won't pay for the boys with my money
[01:03:48.740 --> 01:03:55.740]  Ain't gonna pay for the kids with my body Their whole agenda smells funny
[01:03:55.740 --> 01:04:00.740]  I wanna fight in a war of my own
[01:04:26.740 --> 01:04:31.740]  Who was it that assisted you in designing the plans?
[01:04:31.740 --> 01:04:36.740]  I had two supervisors come in and help me design the structure
[01:04:36.740 --> 01:04:39.740]  Okay, good, that's perfect.
[01:04:39.740 --> 01:04:44.740]  You acted in good faith reliance on competent authority.
[01:04:44.740 --> 01:04:45.740]  Right.
[01:04:45.740 --> 01:04:52.740]  That's the claim you get to make and this appears as though the city deliberately set you up
[01:04:52.740 --> 01:04:57.740]  by helping you design and approving a set of plans
[01:04:57.740 --> 01:05:02.740]  that they later capriciously and arbitrarily decided they didn't like
[01:05:02.740 --> 01:05:08.740]  so that they could come after you and sue you and cost you a lot of money.
[01:05:08.740 --> 01:05:10.740]  Right, right.
[01:05:10.740 --> 01:05:13.740]  That's criminal.
[01:05:13.740 --> 01:05:17.740]  I think you need to start with a tort letter.
[01:05:17.740 --> 01:05:19.740]  A tort letter?
[01:05:19.740 --> 01:05:26.740]  Yeah, I was gonna say, and it's also great grounds for a civil suit against the city.
[01:05:26.740 --> 01:05:33.740]  But with any governmental agency in Texas, before you can sue them,
[01:05:33.740 --> 01:05:36.740]  you have to give them notice and opportunity.
[01:05:36.740 --> 01:05:43.740]  The court says we don't want you using our courts as a remedy of first resort,
[01:05:43.740 --> 01:05:46.740]  but rather as a remedy of last resort.
[01:05:46.740 --> 01:05:56.740]  Therefore, you must exhaust your remedies in an attempt to settle this issue before you use the courts.
[01:05:56.740 --> 01:06:01.740]  The remedy that you must exhaust is a tort letter.
[01:06:01.740 --> 01:06:09.740]  A notice that you have been harmed, how you've been harmed, how much you've been harmed,
[01:06:09.740 --> 01:06:12.740]  and demand that they make you wholly be sued.
[01:06:12.740 --> 01:06:19.740]  You have to give them 60 days in which to respond.
[01:06:19.740 --> 01:06:23.740]  So, a good tort letter.
[01:06:23.740 --> 01:06:28.740]  When this goes to the lawyer, everything's political.
[01:06:28.740 --> 01:06:34.740]  And if you send a tort letter to the mayor,
[01:06:34.740 --> 01:06:41.740]  because everybody who works for the city is responding at superior to the mayor,
[01:06:41.740 --> 01:06:46.740]  so you send the tort letter to the mayor, he don't have anything to do with all that stuff.
[01:06:46.740 --> 01:06:52.740]  And when you tell him these chumps helped me design this thing,
[01:06:52.740 --> 01:06:56.740]  and then once I got it built, they want me to tear it down.
[01:06:56.740 --> 01:06:59.740]  So, what kind of junk is this?
[01:06:59.740 --> 01:07:03.740]  So, the mayor is likely to go down there and say, what the heck is going on here?
[01:07:03.740 --> 01:07:07.740]  And good chance he'll get it fixed there.
[01:07:07.740 --> 01:07:19.740]  Since you did have a permit, it seems inappropriate for them to require that you tear it down.
[01:07:19.740 --> 01:07:23.740]  Generally, if you don't have a permit to start with, they can ask you to tear it down.
[01:07:23.740 --> 01:07:28.740]  If you had a permit, did it require any inspections in the process of building?
[01:07:28.740 --> 01:07:33.740]  Yes, I had three inspections, and the inspector said I needed to tweak it here,
[01:07:33.740 --> 01:07:37.740]  and I needed to tweak it there. In one area, it was like 12 feet, 3 inches.
[01:07:37.740 --> 01:07:41.740]  They measured.
[01:07:41.740 --> 01:07:47.740]  They definitely set you up so they could do this to you.
[01:07:47.740 --> 01:07:53.740]  So, this definitely needs to get a lawsuit. Ken, do you want to jump in on this?
[01:07:53.740 --> 01:08:01.740]  The last issue on this is when all the inspections were completed, did you get a final sign-off?
[01:08:01.740 --> 01:08:03.740]  No.
[01:08:03.740 --> 01:08:09.740]  No, okay. So, they maintained. At some point in time, they changed their mind and said, oh, it's a fence.
[01:08:09.740 --> 01:08:13.740]  It's no longer a cover.
[01:08:13.740 --> 01:08:17.740]  Did you make all the adjustments they requested?
[01:08:17.740 --> 01:08:21.740]  I made 100% of the adjustments. They came back. They measured again. They said, now you're perfect.
[01:08:21.740 --> 01:08:26.740]  Request a final inspection. Before I could request a final inspection, I got the letter saying,
[01:08:26.740 --> 01:08:31.740]  your permit's been revoked, and I went to city council and I said, I need more time.
[01:08:31.740 --> 01:08:35.740]  Can you give me more time? They said no.
[01:08:35.740 --> 01:08:38.740]  Did you follow this in writing?
[01:08:38.740 --> 01:08:40.740]  Yes.
[01:08:40.740 --> 01:08:47.740]  Okay. When you actually went up on this administrative hearing, did you bring in all of your documents
[01:08:47.740 --> 01:08:51.740]  and present them showing that you had met all the requirements?
[01:08:51.740 --> 01:08:53.740]  Yes, I did.
[01:08:53.740 --> 01:08:56.740]  They didn't seem to care. Okay.
[01:08:56.740 --> 01:09:02.740]  The deaf ears, they didn't want to hear it. They just pretty much started humiliating me in public,
[01:09:02.740 --> 01:09:05.740]  and I just held my ground.
[01:09:05.740 --> 01:09:10.740]  I really care about the humiliation. It's the point of whether or not they listened to the facts
[01:09:10.740 --> 01:09:16.740]  and what their determination was. Did you bring in the two inspectors that helped you design the plans
[01:09:16.740 --> 01:09:19.740]  or whoever these supervisors were?
[01:09:19.740 --> 01:09:22.740]  No, they were not there.
[01:09:22.740 --> 01:09:26.740]  You realized you could have called them as witnesses?
[01:09:26.740 --> 01:09:29.740]  I didn't know that.
[01:09:29.740 --> 01:09:34.740]  The problem is, and this is just for the audience and for your edification,
[01:09:34.740 --> 01:09:40.740]  any time you go to one of these processes, somebody tells you you need to appear before anything about the city.
[01:09:40.740 --> 01:09:44.740]  First thing you need to do is look up what the procedures are. What are you allowed to do?
[01:09:44.740 --> 01:09:48.740]  What are they allowed to do? What are the timeframes involved?
[01:09:48.740 --> 01:09:52.740]  Make sure you understand, essentially, the rules of engagement.
[01:09:52.740 --> 01:09:57.740]  It's like going to a card game and somebody says we're playing FidSpin.
[01:09:57.740 --> 01:10:01.740]  You go, great. I got money here. Can I play? Sure.
[01:10:01.740 --> 01:10:05.740]  Then you never ask them to explain the rules of FidSpin.
[01:10:05.740 --> 01:10:11.740]  If you don't ask about the rules, how can you expect to play the game right if you don't know what the rules are?
[01:10:11.740 --> 01:10:15.740]  This was an administrative hearing, but you had full rights.
[01:10:15.740 --> 01:10:19.740]  It has to have full rights with regards to obtaining evidence and witnesses,
[01:10:19.740 --> 01:10:25.740]  so you had a right to subpoena those people from the zoning department and produce the evidence that you were approved.
[01:10:25.740 --> 01:10:29.740]  How can they revoke it retroactively?
[01:10:29.740 --> 01:10:35.740]  After you met all of the requirements, including the requirement to make the changes as the inspectors,
[01:10:35.740 --> 01:10:38.740]  you should add the inspectors there as well.
[01:10:38.740 --> 01:10:42.740]  Did you name the inspectors in the hearing?
[01:10:42.740 --> 01:10:49.740]  They came to the hearing and they told me, finally, they admitted they gave me the permit in error in the beginning.
[01:10:49.740 --> 01:10:51.740]  That's what they included.
[01:10:51.740 --> 01:10:53.740]  That's not your problem.
[01:10:53.740 --> 01:10:58.740]  They need to make an exception to this since they issued the permit improperly.
[01:10:58.740 --> 01:11:07.740]  You can't be held harmful. They can't hold you liable.
[01:11:07.740 --> 01:11:09.740]  Liable, right. That was the word I was looking for.
[01:11:09.740 --> 01:11:13.740]  Liable for their mistake. That's barred by estoppel.
[01:11:13.740 --> 01:11:19.740]  They created the problem. They need to make an exception or pay you the damages to give you the right permit.
[01:11:19.740 --> 01:11:22.740]  All they needed to do is give you a permit for a fence then.
[01:11:22.740 --> 01:11:25.740]  And they needed to have the, since you already built it,
[01:11:25.740 --> 01:11:32.740]  they needed to do a zoning variance to allow you to build the fence higher than they normally allow fences to be built.
[01:11:32.740 --> 01:11:42.740]  So I gather this cover also has a side to it, which is why everybody's calling it a fence.
[01:11:42.740 --> 01:11:48.740]  It has a cover, but it also has sides.
[01:11:48.740 --> 01:11:54.740]  Well, it looks like a fence with a top on it, basically, is what it looks like overhanging on a pool.
[01:11:54.740 --> 01:11:57.740]  Like a link to.
[01:11:57.740 --> 01:12:02.740]  Yeah, but it's actually straight up and then at the top it just has a lip on it.
[01:12:02.740 --> 01:12:04.740]  It goes all the way across.
[01:12:04.740 --> 01:12:08.740]  So it's a cover with a fence attached.
[01:12:08.740 --> 01:12:09.740]  Yes, but they call it a fence.
[01:12:09.740 --> 01:12:13.740]  But the issue is they helped you design it. They harmed you.
[01:12:13.740 --> 01:12:18.740]  And the issue here is if they're willing to pay the costs of your damages,
[01:12:18.740 --> 01:12:22.740]  they're willing to remove the structure, but they have to pay you your damages.
[01:12:22.740 --> 01:12:32.740]  And that includes all your time for constructing it.
[01:12:32.740 --> 01:12:39.740]  Before you take action, you might go down and pull records of their previous administrative hearings
[01:12:39.740 --> 01:12:47.740]  and see how many people they're doing this to and how much revenue they're generating by doing this.
[01:12:47.740 --> 01:12:50.740]  OK, that's public information, right?
[01:12:50.740 --> 01:12:51.740]  Yes.
[01:12:51.740 --> 01:12:57.740]  And when you start digging around in their records this way, they're going to get really, really unhappy.
[01:12:57.740 --> 01:13:01.740]  If I need to dig in to where again?
[01:13:01.740 --> 01:13:13.740]  Just go down to the city and request copies of records of all administrative hearings, say, for the last year.
[01:13:13.740 --> 01:13:16.740]  And OK, when you make the request.
[01:13:16.740 --> 01:13:20.740]  Regarding building and zoning.
[01:13:20.740 --> 01:13:25.740]  Administrative hearings concerning building and zoning violations.
[01:13:25.740 --> 01:13:34.740]  When you make the request, stipulate in the request that you are not asking for copies.
[01:13:34.740 --> 01:13:40.740]  You want to examine the original documents.
[01:13:40.740 --> 01:13:49.740]  Because what they'll do is they'll try to say, well, this is going to cost us $22,333.50 to produce.
[01:13:49.740 --> 01:13:55.740]  And you're going to have to give us a $10 million deposit before we produce anything.
[01:13:55.740 --> 01:13:58.740]  And that'll create even more litigation.
[01:13:58.740 --> 01:14:02.740]  I just want to examine the documents.
[01:14:02.740 --> 01:14:06.740]  You want to examine, you want to put the documents in your hand.
[01:14:06.740 --> 01:14:11.740]  And if you want a copy of it, you take out your cell phone and click a picture.
[01:14:11.740 --> 01:14:17.740]  That'll give you a better copy than their copy will make anyway.
[01:14:17.740 --> 01:14:18.740]  OK.
[01:14:18.740 --> 01:14:20.740]  Is that one of the developmental services?
[01:14:20.740 --> 01:14:22.740]  Or do I go down to the city of San Antonio?
[01:14:22.740 --> 01:14:24.740]  Where do I get these?
[01:14:24.740 --> 01:14:30.740]  City secretary is where public information requests go.
[01:14:30.740 --> 01:14:34.740]  Go on to jurisimprudence.com.
[01:14:34.740 --> 01:14:37.740]  That's one of my websites.
[01:14:37.740 --> 01:14:41.740]  And there's a bunch of frogs on the front, which Ken hates.
[01:14:41.740 --> 01:14:45.740]  Top frog on the right.
[01:14:45.740 --> 01:14:51.740]  Click that. That goes to documents and research.
[01:14:51.740 --> 01:14:53.740]  In there, you'll find a folder for blanks.
[01:14:53.740 --> 01:14:57.740]  Click on the blanks and there will be an info document.
[01:14:57.740 --> 01:14:59.740]  Click on the info document.
[01:14:59.740 --> 01:15:05.740]  That's my standard, really obnoxious information request
[01:15:05.740 --> 01:15:10.740]  that's been designed over a number of years to get around the problems
[01:15:10.740 --> 01:15:13.740]  that these guys like to throw at you.
[01:15:13.740 --> 01:15:17.740]  When you go down there, they're going to tell you that you have to fill out
[01:15:17.740 --> 01:15:19.740]  their information request.
[01:15:19.740 --> 01:15:21.740]  You know, I get this all the time.
[01:15:21.740 --> 01:15:25.740]  Their information requests are always grossly inadequate
[01:15:25.740 --> 01:15:29.740]  and designed to keep them from having to respond to it.
[01:15:29.740 --> 01:15:33.740]  So what I do is I tell them, no, I've got my own.
[01:15:33.740 --> 01:15:37.740]  And they say, well, you have to fill out ours.
[01:15:37.740 --> 01:15:42.740]  I say, well, I'll fill out yours, but you're getting mine too.
[01:15:42.740 --> 01:15:46.740]  And you can either respond to it or not respond to it.
[01:15:46.740 --> 01:15:48.740]  In the end, I'm not going to care.
[01:15:48.740 --> 01:15:51.740]  Because if they don't respond to it, then the next step,
[01:15:51.740 --> 01:15:56.740]  place you go is grand jury with Class A misdemeanor
[01:15:56.740 --> 01:15:59.740]  official misconduct complaint against them.
[01:15:59.740 --> 01:16:02.740]  The Open Records Act is not a civil statute.
[01:16:02.740 --> 01:16:05.740]  It is a criminal statute.
[01:16:05.740 --> 01:16:09.740]  Violations of Class A misdemeanor.
[01:16:09.740 --> 01:16:13.740]  And I'd like to walk them into violating so that I can start
[01:16:13.740 --> 01:16:17.740]  adding more political pressure.
[01:16:17.740 --> 01:16:20.740]  Have you listened to the show very much?
[01:16:20.740 --> 01:16:22.740]  About three times.
[01:16:22.740 --> 01:16:23.740]  OK.
[01:16:23.740 --> 01:16:28.740]  We need to listen sometime when we go through the routine.
[01:16:28.740 --> 01:16:29.740]  OK.
[01:16:29.740 --> 01:16:32.740]  We like to run the routine on them.
[01:16:32.740 --> 01:16:37.740]  And when we come back on the other side,
[01:16:37.740 --> 01:16:40.740]  we will talk about the routine.
[01:16:40.740 --> 01:16:45.740]  And essentially what it does is it creates a lot of politics.
[01:16:45.740 --> 01:16:48.740]  And we'll get Ken to go through his four rules,
[01:16:48.740 --> 01:16:51.740]  one of which is everything is political.
[01:16:51.740 --> 01:16:53.740]  This is Randy Kelton, Steve Skidmore,
[01:16:53.740 --> 01:16:57.740]  we have our radio, our call in number 512-646-1984.
[01:16:57.740 --> 01:16:59.740]  We'll be right back.
[01:17:01.740 --> 01:17:04.740]  January is the time for new beginnings.
[01:17:04.740 --> 01:17:07.740]  A chance to sharpen our focus on what's important
[01:17:07.740 --> 01:17:09.740]  and recommit to ourselves and loved ones.
[01:17:09.740 --> 01:17:12.740]  Logos Radio Network is holding their third gun giveaway
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[01:17:54.740 --> 01:17:57.740]  Support free speech radio at its best.
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[01:18:54.740 --> 01:18:56.740]  or call 512-646-6440.
[01:19:25.740 --> 01:19:27.740]  Well,
[01:19:30.740 --> 01:19:32.740]  ain't gonna fool me
[01:19:32.740 --> 01:19:35.740]  with that same old trick again.
[01:19:35.740 --> 01:19:37.740]  I was blindsided
[01:19:37.740 --> 01:19:40.740]  but now I can see your plan.
[01:19:40.740 --> 01:19:43.740]  You put the fear in my pockets,
[01:19:43.740 --> 01:19:45.740]  took the money from my hand,
[01:19:45.740 --> 01:19:47.740]  ain't gonna fool me
[01:19:47.740 --> 01:19:51.740]  with that same old trick again.
[01:19:51.740 --> 01:19:55.740]  Okay, we are back.
[01:19:55.740 --> 01:19:59.740]  Randy Kelton, Steve Skidmore rules our radio.
[01:19:59.740 --> 01:20:04.740]  And we're here with our special guest, Ken Magnuson.
[01:20:04.740 --> 01:20:09.740]  And we're talking to Rick in Texas.
[01:20:09.740 --> 01:20:13.740]  Okay, over the break we had a little discussion.
[01:20:13.740 --> 01:20:18.740]  Ken, you want to kind of bring him up to speed
[01:20:18.740 --> 01:20:22.740]  on the things he should do to protect himself.
[01:20:22.740 --> 01:20:23.740]  Yeah.
[01:20:23.740 --> 01:20:25.740]  This is not only for Rick,
[01:20:25.740 --> 01:20:27.740]  but any of the listeners and everything.
[01:20:27.740 --> 01:20:32.740]  There's what you call standard operating procedures.
[01:20:32.740 --> 01:20:35.740]  And the idea that standard operating procedures
[01:20:35.740 --> 01:20:37.740]  show the other side that you know
[01:20:37.740 --> 01:20:39.740]  that you're gonna hold them accountable.
[01:20:39.740 --> 01:20:43.740]  One of the things is based on the four rules
[01:20:43.740 --> 01:20:45.740]  that Randy talks about that I came up with
[01:20:45.740 --> 01:20:47.740]  over a number of years ago.
[01:20:47.740 --> 01:20:50.740]  My brother thinks I'm pompous in calling them Ken's rules.
[01:20:50.740 --> 01:20:52.740]  I don't care, you can name them yourself.
[01:20:52.740 --> 01:20:57.740]  But the idea is the four rules basically give you
[01:20:57.740 --> 01:21:00.740]  a perspective on how the world works,
[01:21:00.740 --> 01:21:03.740]  at least in the Western world, the United States.
[01:21:03.740 --> 01:21:06.740]  The first rule is perception is everything.
[01:21:06.740 --> 01:21:08.740]  And that's how you're perceived in the world
[01:21:08.740 --> 01:21:10.740]  and how you perceive the world.
[01:21:10.740 --> 01:21:12.740]  Sometimes people make mistakes
[01:21:12.740 --> 01:21:16.740]  and you're blamed for things that other people did.
[01:21:16.740 --> 01:21:18.740]  That's a misperception.
[01:21:18.740 --> 01:21:20.740]  Sometimes you think something is one way
[01:21:20.740 --> 01:21:22.740]  and it turns out it's another way.
[01:21:22.740 --> 01:21:25.740]  That's because you've misperceived the world.
[01:21:25.740 --> 01:21:28.740]  Sometimes the truth comes into the perception,
[01:21:28.740 --> 01:21:30.740]  I hope more often than not.
[01:21:30.740 --> 01:21:32.740]  But a lot of things on the internet, again,
[01:21:32.740 --> 01:21:34.740]  can be taken with a grain of salt
[01:21:34.740 --> 01:21:36.740]  because a lot of it is in fact
[01:21:36.740 --> 01:21:38.740]  just hypothetical conversation.
[01:21:38.740 --> 01:21:40.740]  And that's the perception of the world.
[01:21:40.740 --> 01:21:42.740]  And you have to recognize that,
[01:21:42.740 --> 01:21:44.740]  that somebody can misperceive something.
[01:21:44.740 --> 01:21:47.740]  And that's what communications is about,
[01:21:47.740 --> 01:21:50.740]  is carefully communicating
[01:21:50.740 --> 01:21:53.740]  what you want the person to perceive about you.
[01:21:53.740 --> 01:21:57.740]  If you're a good communicator, a good writer, a good speaker,
[01:21:57.740 --> 01:22:01.740]  the person will get exactly what you mean in their head
[01:22:01.740 --> 01:22:04.740]  and it'll look the same from their perspective
[01:22:04.740 --> 01:22:06.740]  as it does from yours.
[01:22:06.740 --> 01:22:08.740]  That's the goal of communications.
[01:22:08.740 --> 01:22:11.740]  Second rule is everything's negotiable.
[01:22:11.740 --> 01:22:15.740]  And that means that you can negotiate something.
[01:22:15.740 --> 01:22:17.740]  I'm not saying that everybody will make a deal.
[01:22:17.740 --> 01:22:19.740]  I'm just saying that the negotiation,
[01:22:19.740 --> 01:22:21.740]  if you don't ask for a negotiation,
[01:22:21.740 --> 01:22:24.740]  you can't make yourself a better deal than you have.
[01:22:24.740 --> 01:22:28.740]  And the example of this is kids will frequently ask their mother,
[01:22:28.740 --> 01:22:29.740]  you know, can I have a cookie now?
[01:22:29.740 --> 01:22:32.740]  I'll eat two helpings of vegetables later.
[01:22:32.740 --> 01:22:34.740]  And sometimes mom will give in and say,
[01:22:34.740 --> 01:22:36.740]  yeah, you can have a cookie now.
[01:22:36.740 --> 01:22:38.740]  Or say, no, because last time you did it,
[01:22:38.740 --> 01:22:41.740]  you didn't need to do helpings of vegetables.
[01:22:41.740 --> 01:22:44.740]  So that's the negotiation process.
[01:22:44.740 --> 01:22:47.740]  Adults will frequently forget how to do that.
[01:22:47.740 --> 01:22:50.740]  They'll get later, they'll look at a sign
[01:22:50.740 --> 01:22:53.740]  or they'll talk to somebody on the phone and they'll never ask.
[01:22:53.740 --> 01:22:57.740]  One example of this is anytime you get a bill
[01:22:57.740 --> 01:22:59.740]  or you paid a bill by accident late
[01:22:59.740 --> 01:23:01.740]  and there's a late charge on it,
[01:23:01.740 --> 01:23:04.740]  you can always call the company and ask them to remove it,
[01:23:04.740 --> 01:23:06.740]  saying it was inadvertent,
[01:23:06.740 --> 01:23:08.740]  you had a problem with your computer.
[01:23:08.740 --> 01:23:11.740]  Whatever the reason is that you didn't pay it on time,
[01:23:11.740 --> 01:23:15.740]  you can ask for them to give you discretion and consideration
[01:23:15.740 --> 01:23:17.740]  and take the late charge off.
[01:23:17.740 --> 01:23:22.740]  99% of the time that works with companies that aren't, you know,
[01:23:22.740 --> 01:23:25.740]  run by lawyers.
[01:23:25.740 --> 01:23:28.740]  In any event, we get to the third rule
[01:23:28.740 --> 01:23:30.740]  and the third rule is document everything.
[01:23:30.740 --> 01:23:32.740]  And I can't overstate this.
[01:23:32.740 --> 01:23:36.740]  Tape recordings are great if that's the only option you have,
[01:23:36.740 --> 01:23:40.740]  but a tape recording is only good if you transcribe it
[01:23:40.740 --> 01:23:42.740]  and turn it into an affidavit.
[01:23:42.740 --> 01:23:46.740]  Now, Debra, last night was talking about saying it's on a tape recording.
[01:23:46.740 --> 01:23:47.740]  I generally don't.
[01:23:47.740 --> 01:23:51.740]  I do a transcript, sign the affidavit saying this is what was said,
[01:23:51.740 --> 01:23:54.740]  and when the cross-examination comes and everybody says,
[01:23:54.740 --> 01:23:57.740]  how are you so sure that you got it accurate?
[01:23:57.740 --> 01:24:00.740]  It's because it's a transcription from the tape recorder.
[01:24:00.740 --> 01:24:04.740]  And the other side doesn't want it because now in primary testimony,
[01:24:04.740 --> 01:24:07.740]  it's now come to light that the tape recording can be used
[01:24:07.740 --> 01:24:12.740]  as rebuttal evidence or against the original witness that may have lied
[01:24:12.740 --> 01:24:16.740]  in which you're trying to enter the evidence or information
[01:24:16.740 --> 01:24:18.740]  about the tape recording that you have.
[01:24:18.740 --> 01:24:20.740]  But I tell people all the time, if you're going to tape it,
[01:24:20.740 --> 01:24:24.740]  it's worthless unless you transcribe it and turn it into an affidavit.
[01:24:24.740 --> 01:24:27.740]  And the sooner you notarize that affidavit,
[01:24:27.740 --> 01:24:30.740]  the more credibility will be given and the reason why
[01:24:30.740 --> 01:24:34.740]  is because it doesn't look like it was made up for the event later.
[01:24:34.740 --> 01:24:37.740]  If you don't notarize it until six months later,
[01:24:37.740 --> 01:24:41.740]  it looks like it's been conjured up, it's been manufactured for the purpose.
[01:24:41.740 --> 01:24:44.740]  Even if you got the tape recording, there'll be a lot of arguments.
[01:24:44.740 --> 01:24:49.740]  But if you transcribe it within a week of the tape recording happening
[01:24:49.740 --> 01:24:54.740]  and then go ahead and get it notarized and you save that affidavit for a rainy day,
[01:24:54.740 --> 01:24:57.740]  then when it comes up, if it comes up, you can introduce it.
[01:24:57.740 --> 01:25:00.740]  And it shows that it was transcribed on such and such day
[01:25:00.740 --> 01:25:02.740]  and it was notarized on the next day.
[01:25:02.740 --> 01:25:05.740]  And that looks a lot better in the eyes of the court
[01:25:05.740 --> 01:25:09.740]  and almost nobody can say you manufactured it for the moment six months later
[01:25:09.740 --> 01:25:14.740]  because you did it, you know, six months ago.
[01:25:14.740 --> 01:25:19.740]  Documents about letters and documents to lawyers, phone conversations.
[01:25:19.740 --> 01:25:23.740]  And I'm not saying you can't use a phone conversation to gather information.
[01:25:23.740 --> 01:25:27.740]  When you call somebody, you get names, titles, who you need to call,
[01:25:27.740 --> 01:25:29.740]  what time you need to call, that kind of thing.
[01:25:29.740 --> 01:25:33.740]  That's basic just general information, who you need to talk to,
[01:25:33.740 --> 01:25:36.740]  you find out which department you need to go to.
[01:25:36.740 --> 01:25:39.740]  Rick right now is considering a public information request.
[01:25:39.740 --> 01:25:45.740]  Cities in Texas generally, the public information request goes to the city secretary.
[01:25:45.740 --> 01:25:49.740]  So that would be an informational call, is call the city secretary,
[01:25:49.740 --> 01:25:55.740]  and just confirm then I'm right that the city secretary will take the public information request.
[01:25:55.740 --> 01:25:59.740]  Those kind of calls are fine because you're not going to rely upon the conversation
[01:25:59.740 --> 01:26:06.740]  other than the confirmation that that's where you're going to send the document, the request.
[01:26:06.740 --> 01:26:09.740]  Other things like discussions with an attorney over the phone
[01:26:09.740 --> 01:26:12.740]  where they say they're going to do something and you're going to do something,
[01:26:12.740 --> 01:26:16.740]  to reduce it to writing and say that they're going to do these things,
[01:26:16.740 --> 01:26:20.740]  they're going to do one, two, and three, and then you're going to do A, B, and C,
[01:26:20.740 --> 01:26:25.740]  and then the last sentence says if I've misunderstood any of this, please correct it as soon as possible,
[01:26:25.740 --> 01:26:30.740]  essentially puts the attorney on notice that either you've got the proper communication
[01:26:30.740 --> 01:26:34.740]  and it was accurately understood in the phone conversation,
[01:26:34.740 --> 01:26:40.740]  or that there's been a misunderstanding and the attorney now has a duty to correct that misunderstanding.
[01:26:40.740 --> 01:26:44.740]  Now he has to correct that misunderstanding rather than later.
[01:26:44.740 --> 01:26:47.740]  Like, oh yeah, I should have told you then, but I didn't.
[01:26:47.740 --> 01:26:52.740]  Now that looks like they deliberately wanted it to be misconstrued.
[01:26:52.740 --> 01:26:54.740]  So that's about documenting everything.
[01:26:54.740 --> 01:26:58.740]  And then we get to the last issue, which is everything is politics.
[01:26:58.740 --> 01:27:02.740]  And I don't mean politics of Democrat, Republican, Whig, Tory,
[01:27:02.740 --> 01:27:09.740]  Socialist versus Communist versus Green Party or whatever, though they can enter the mix.
[01:27:09.740 --> 01:27:13.740]  The problem is most of the party people really aren't who they think they are.
[01:27:13.740 --> 01:27:15.740]  They just wear the party as a coat.
[01:27:15.740 --> 01:27:19.740]  They don the cloak of the party that gets elected in that region,
[01:27:19.740 --> 01:27:23.740]  and that's all they care about is who gets elected.
[01:27:23.740 --> 01:27:27.740]  And if it's the Green Party gets elected in a certain part of California,
[01:27:27.740 --> 01:27:33.740]  everybody that runs will wear the Green Party cloak, even though they may turn out to be fascist,
[01:27:33.740 --> 01:27:38.740]  which I'm finding most people that are running for office lately have been fascist.
[01:27:38.740 --> 01:27:46.740]  But in any event, the idea of politics is about the politics of small groups.
[01:27:46.740 --> 01:27:54.740]  The idea that every decision made between two or more people is a political process.
[01:27:54.740 --> 01:27:58.740]  You get together with five friends and decide where you're going to go have lunch on Saturday
[01:27:58.740 --> 01:28:02.740]  after the football game or something like this.
[01:28:02.740 --> 01:28:05.740]  That's a political process where everybody throws out an idea,
[01:28:05.740 --> 01:28:09.740]  and you bat it around saying, no, I don't really like Mexican.
[01:28:09.740 --> 01:28:11.740]  No, we had Chinese yesterday.
[01:28:11.740 --> 01:28:12.740]  Oh, steaks.
[01:28:12.740 --> 01:28:14.740]  Steaks and baked potatoes sound great.
[01:28:14.740 --> 01:28:19.740]  Then there's a consensus, and you go and have steaks and baked potatoes.
[01:28:19.740 --> 01:28:26.740]  So the idea is that process occurred through a political conversation, a caucus,
[01:28:26.740 --> 01:28:29.740]  which is exactly what a caucus is.
[01:28:29.740 --> 01:28:35.740]  So you have to recognize that the people in that group have political ideology.
[01:28:35.740 --> 01:28:39.740]  Sometimes there's people that you might get together with and decide to go to lunch,
[01:28:39.740 --> 01:28:42.740]  and you find out that Brad always gets his way.
[01:28:42.740 --> 01:28:44.740]  We always go where Brad wants to eat.
[01:28:44.740 --> 01:28:49.740]  Well, it turns out Brad is the boss of the office where everybody works,
[01:28:49.740 --> 01:28:54.740]  so everybody acquiesces to Brad's position of power.
[01:28:54.740 --> 01:28:56.740]  That's a political process.
[01:28:56.740 --> 01:28:58.740]  That's what you have to understand.
[01:28:58.740 --> 01:29:03.740]  People who are in political processes, you have more political power
[01:29:03.740 --> 01:29:07.740]  or recognition of that power if you're a member of the group or class
[01:29:07.740 --> 01:29:08.740]  that's making a decision.
[01:29:08.740 --> 01:29:14.740]  Are you a police officer or a member of the police association or whatever?
[01:29:14.740 --> 01:29:16.740]  Are you a judge? Are you a teacher?
[01:29:16.740 --> 01:29:18.740]  Which group are you in?
[01:29:18.740 --> 01:29:21.740]  Because if you're not in the group that's making the decision,
[01:29:21.740 --> 01:29:23.740]  you have less political power.
[01:29:23.740 --> 01:29:25.740]  You just have to be cognizant of that,
[01:29:25.740 --> 01:29:28.740]  because when you do your pleadings before these people,
[01:29:28.740 --> 01:29:32.740]  trying to change their mind or get them to do something for,
[01:29:32.740 --> 01:29:34.740]  get them not to do something,
[01:29:34.740 --> 01:29:40.740]  you have to use the power of persuasion that's applicable for that political entity.
[01:29:40.740 --> 01:29:42.740]  OK, hang on, we're about to go to break.
[01:29:42.740 --> 01:29:45.740]  This is Randy Kelton and Steve Skidmore,
[01:29:45.740 --> 01:29:48.740]  rule of our radio here with Ken Magnuson.
[01:29:48.740 --> 01:29:52.740]  Our call in number 512-646-1984.
[01:29:52.740 --> 01:29:54.740]  Dusty, John, we see you there.
[01:29:54.740 --> 01:29:56.740]  We'll get to you on the other side.
[01:29:56.740 --> 01:30:24.740]  We'll be right back.
[01:30:26.740 --> 01:30:29.740]  So protect your rights, say no to surveillance,
[01:30:29.740 --> 01:30:31.740]  and keep your information to yourself.
[01:30:31.740 --> 01:30:34.740]  Privacy, it's worth hanging on to.
[01:30:34.740 --> 01:30:37.740]  This public service announcement is brought to you by StartPage.com,
[01:30:37.740 --> 01:30:41.740]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.740 --> 01:30:44.740]  Start over with StartPage.
[01:30:44.740 --> 01:30:47.740]  When the going gets tough, the hairs turn gray.
[01:30:47.740 --> 01:30:49.740]  It may sound like folklore,
[01:30:49.740 --> 01:30:52.740]  but scientists say chronic stress really does make us look older
[01:30:52.740 --> 01:30:54.740]  and heightens the risk of disease.
[01:30:54.740 --> 01:30:58.740]  During a four-week experiment, Duke University researchers injected mice
[01:30:58.740 --> 01:31:02.740]  with an adrenaline-like compound that mimics stress in human beings.
[01:31:02.740 --> 01:31:05.740]  They found a sharp reduction in P53,
[01:31:05.740 --> 01:31:08.740]  a protein that keeps cells healthy and prevents cancer.
[01:31:08.740 --> 01:31:11.740]  When the mice's level of P53 stayed low,
[01:31:11.740 --> 01:31:14.740]  their chromosomes began to develop irregularities
[01:31:14.740 --> 01:31:18.740]  that sped up the aging process and increased their risk of cancer.
[01:31:18.740 --> 01:31:20.740]  So don't skip that vacation.
[01:31:20.740 --> 01:31:22.740]  It may do more than just calm your mind.
[01:31:22.740 --> 01:31:24.740]  It could help keep you young.
[01:31:24.740 --> 01:31:26.740]  I'm Dr. Catherine Albrecht.
[01:31:26.740 --> 01:31:30.740]  More news and information at CatherineAlbrecht.com.
[01:31:30.740 --> 01:31:33.740]  This is Building 7, a 47-story skyscraper
[01:31:33.740 --> 01:31:36.740]  that fell on the afternoon of September 11.
[01:31:36.740 --> 01:31:38.740]  The government says that fire brought it down.
[01:31:38.740 --> 01:31:43.740]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.740 --> 01:31:46.740]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.740 --> 01:31:48.740]  Thousands of my fellow first responders are dying.
[01:31:48.740 --> 01:31:50.740]  I'm not a conspiracy theorist.
[01:31:50.740 --> 01:31:52.740]  I'm a structural engineer. I'm a New York City correction officer.
[01:31:52.740 --> 01:31:55.740]  I'm an Air Force pilot. I'm a father who lost his son.
[01:31:55.740 --> 01:31:57.740]  We're Americans, and we deserve the truth.
[01:31:57.740 --> 01:32:00.740]  Go to RememberBuilding7.org today.
[01:32:00.740 --> 01:32:04.740]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:04.740 --> 01:32:06.740]  Hey, listen to me!
[01:32:06.740 --> 01:32:07.740]  Who are you?
[01:32:07.740 --> 01:32:11.740]  I'm you years ago, when you felt healthy and young and everything worked on your body.
[01:32:11.740 --> 01:32:12.740]  Do you remember that?
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[01:32:31.740 --> 01:32:35.740]  It also protects you from radiation, heavy metals, fluoride, chlorine, and bromine,
[01:32:35.740 --> 01:32:37.740]  including cancer and most major diseases.
[01:32:37.740 --> 01:32:40.740]  You'll be amazed. You can be your own doctor.
[01:32:40.740 --> 01:32:43.740]  I want to keep you out of the hospital and off pharmaceuticals.
[01:32:43.740 --> 01:32:45.740]  Wow. Why are you so nice to me?
[01:32:45.740 --> 01:32:49.740]  Because I'm you. You're out of shape, and I need a better-looking future.
[01:32:49.740 --> 01:32:55.740]  Call 888-910-4367. That's 888-910-4367.
[01:32:55.740 --> 01:32:58.740]  Or visit microplantpowder.com.
[01:32:58.740 --> 01:33:00.740]  microplantpowder.com.
[01:33:02.740 --> 01:33:05.740]  Looking for some truth? You found it.
[01:33:05.740 --> 01:33:33.740]  logosradionetwork.com.
[01:33:33.740 --> 01:33:35.740]  We got one more thing.
[01:33:35.740 --> 01:33:37.740]  Okay, we are back.
[01:33:37.740 --> 01:33:39.740]  Randy Kelton, Steve Skidmore.
[01:33:39.740 --> 01:33:41.740]  We have our radio here with Kid Magnuson.
[01:33:41.740 --> 01:33:43.740]  And Ken has one more thing.
[01:33:43.740 --> 01:33:45.740]  Go ahead, Kid.
[01:33:45.740 --> 01:33:49.740]  Along those rules, one of the most important things about documentation
[01:33:49.740 --> 01:33:53.740]  is when you're dealing with public officials or dealing with professionals
[01:33:53.740 --> 01:33:58.740]  where there may be a problem and there may be an argument over who said what later.
[01:33:58.740 --> 01:34:04.740]  You always want to get names and addresses and titles of everybody.
[01:34:04.740 --> 01:34:09.740]  Who they are, who they work for, who their supervisor is, what office.
[01:34:09.740 --> 01:34:12.740]  And the idea is get as much information as you can.
[01:34:12.740 --> 01:34:17.740]  One example came up the other day was there was a woman that we were working with
[01:34:17.740 --> 01:34:21.740]  on the issue of child protective services, and they essentially had
[01:34:21.740 --> 01:34:28.740]  child protective services had contracted someone else to go out and do home inspections.
[01:34:28.740 --> 01:34:32.740]  So this person knocks on the door and tells the person this, and the person says,
[01:34:32.740 --> 01:34:35.740]  oh, okay, just let them in.
[01:34:35.740 --> 01:34:37.740]  Never, ever do that.
[01:34:37.740 --> 01:34:40.740]  Somebody wants in, even if they say they have an official reason,
[01:34:40.740 --> 01:34:42.740]  you want to see their driver's license.
[01:34:42.740 --> 01:34:46.740]  You want proof of identification, and you want a letter from the agency
[01:34:46.740 --> 01:34:50.740]  indicating that this is indeed one of their subcontractors.
[01:34:50.740 --> 01:34:54.740]  You don't know who's knocking on your door that says they're officials
[01:34:54.740 --> 01:34:55.740]  and they can come in.
[01:34:55.740 --> 01:34:58.740]  Obviously, the police show up, they got a badge, they got guns.
[01:34:58.740 --> 01:35:01.740]  It's a little difficult to resist that.
[01:35:01.740 --> 01:35:05.740]  But the issue here with the person just in plain clothes that says
[01:35:05.740 --> 01:35:09.740]  there's some sort of official, you need to get identification from them
[01:35:09.740 --> 01:35:13.740]  to know who they are, because if there's any reports done,
[01:35:13.740 --> 01:35:18.740]  you want to know who did the report, and you want to know who to request the report from.
[01:35:18.740 --> 01:35:24.740]  If the report is in error or has omissions, you want to make sure you know
[01:35:24.740 --> 01:35:28.740]  who did the report so you can make the complaint against this person
[01:35:28.740 --> 01:35:31.740]  not following the rules or the regulations.
[01:35:31.740 --> 01:35:35.740]  And without their identity, you have no idea who came to your house,
[01:35:35.740 --> 01:35:38.740]  who wrote the report, and what you can do about it if it's in error,
[01:35:38.740 --> 01:35:44.740]  because you didn't ask the necessary questions.
[01:35:44.740 --> 01:35:49.740]  I was going to ask you if I could possibly get an email for you, Ken,
[01:35:49.740 --> 01:35:55.740]  where I can send you these documents.
[01:35:55.740 --> 01:35:58.740]  Send them to Rule of Law Radio with Randy.
[01:35:58.740 --> 01:36:01.740]  I may get to look at them, I may not.
[01:36:01.740 --> 01:36:04.740]  I'm usually stuck for time.
[01:36:04.740 --> 01:36:08.740]  This is the legislative session, and I'm preparing documents right now
[01:36:08.740 --> 01:36:11.740]  for the legislature with regards to corruption in the courts
[01:36:11.740 --> 01:36:15.740]  and various aspects of trying to reform that process,
[01:36:15.740 --> 01:36:18.740]  and I'm up against time deadlines.
[01:36:18.740 --> 01:36:22.740]  So we might be able to help you a little bit, but I want Randy to get the documents.
[01:36:22.740 --> 01:36:26.740]  So he'll clue me into the loop, and he knows most of what's required
[01:36:26.740 --> 01:36:29.740]  with regards to these procedures.
[01:36:29.740 --> 01:36:31.740]  Now, I'm going to tell you this up front.
[01:36:31.740 --> 01:36:34.740]  As far as the procedures in San Antonio and what they did
[01:36:34.740 --> 01:36:38.740]  as far as these various hearings and meetings is in the city charter.
[01:36:38.740 --> 01:36:41.740]  They have rules and regulations for how all of these occur.
[01:36:41.740 --> 01:36:44.740]  Each city does something a little different.
[01:36:44.740 --> 01:36:46.740]  I haven't read the ones in San Antonio,
[01:36:46.740 --> 01:36:50.740]  but I suspect the rules are going to be similar to all the cities,
[01:36:50.740 --> 01:36:53.740]  but you need to go and get the city charter
[01:36:53.740 --> 01:36:56.740]  and find out what the rules and regulations were that they promulgated
[01:36:56.740 --> 01:37:02.740]  with regards to zoning and planning and where you're at right now
[01:37:02.740 --> 01:37:06.740]  based on the fact that they made this decision six months ago,
[01:37:06.740 --> 01:37:09.740]  and find out whether or not you have any appeal rights.
[01:37:09.740 --> 01:37:13.740]  I don't think that they can, just because they exhausted your appeal remedies,
[01:37:13.740 --> 01:37:16.740]  if they make capricious and arbitrary decisions,
[01:37:16.740 --> 01:37:19.740]  and they're the ones that led you down this path,
[01:37:19.740 --> 01:37:22.740]  they committed a fraud from the beginning.
[01:37:22.740 --> 01:37:24.740]  That's still actionable.
[01:37:24.740 --> 01:37:27.740]  From one perspective, they still may be able to fine you,
[01:37:27.740 --> 01:37:31.740]  but from another perspective, is since they did this intentionally
[01:37:31.740 --> 01:37:35.740]  or through conscious indifference and set the wheels in motion
[01:37:35.740 --> 01:37:40.740]  to cause these damages, you may be entitled to sue them,
[01:37:40.740 --> 01:37:46.740]  despite their administrative hearings, and collect damages,
[01:37:46.740 --> 01:37:50.740]  including attorney's fees and possibly punitive damages,
[01:37:50.740 --> 01:37:55.740]  depending on exactly what kind of fraud they actually committed.
[01:37:55.740 --> 01:37:57.740]  They were trying to get me to do an appeal process,
[01:37:57.740 --> 01:37:59.740]  and they said, get the pay double, but fine.
[01:37:59.740 --> 01:38:02.740]  And I said, this is the most ridiculous thing I've ever seen, you know,
[01:38:02.740 --> 01:38:05.740]  because they keep saying they gave me the permanent in error,
[01:38:05.740 --> 01:38:08.740]  now they're wanting me to pay $600 to appeal.
[01:38:08.740 --> 01:38:11.740]  No, no, they gave you the permanent in error,
[01:38:11.740 --> 01:38:16.740]  and if they've admitted that, they've admitted their responsibility.
[01:38:16.740 --> 01:38:19.740]  They're not allowed to proceed against a person.
[01:38:19.740 --> 01:38:22.740]  If they did it in error, they've got to make you whole.
[01:38:22.740 --> 01:38:24.740]  They misled you.
[01:38:24.740 --> 01:38:30.740]  And since they cited you, they have no sovereign immunity.
[01:38:30.740 --> 01:38:35.740]  They are the ones that essentially drew first blood.
[01:38:35.740 --> 01:38:37.740]  They picked the fight.
[01:38:37.740 --> 01:38:39.740]  They picked the fight.
[01:38:39.740 --> 01:38:42.740]  They waived their sovereign immunity as soon as they did that.
[01:38:42.740 --> 01:38:45.740]  You know, they're threatening with criminal, you know,
[01:38:45.740 --> 01:38:49.740]  it's going to turn criminal when he goes to municipal court next month.
[01:38:49.740 --> 01:38:51.740]  And I say, criminal for what?
[01:38:51.740 --> 01:38:54.740]  For doing something that I have a permit for?
[01:38:54.740 --> 01:38:56.740]  It doesn't make sense to me.
[01:38:56.740 --> 01:38:58.740]  That would be malicious prosecution,
[01:38:58.740 --> 01:39:01.740]  but that's why you need to send the tort letter
[01:39:01.740 --> 01:39:04.740]  and a letter to cease and desist these citations
[01:39:04.740 --> 01:39:08.740]  based on the fact that they led you down this path.
[01:39:08.740 --> 01:39:12.740]  And go to the municipal court,
[01:39:12.740 --> 01:39:18.740]  go to that judge that they were telling you there you were going to go before,
[01:39:18.740 --> 01:39:23.740]  and hand him a set of criminal complaints against these guys.
[01:39:23.740 --> 01:39:33.740]  Official oppression. Read 39.03 Texas Penal Code.
[01:39:33.740 --> 01:39:35.740]  You will like it.
[01:39:35.740 --> 01:39:37.740]  Okay.
[01:39:37.740 --> 01:39:43.740]  And so do I still write that tort letter to the mayor as well?
[01:39:43.740 --> 01:39:46.740]  Oh yeah, direct your tort letter to the mayor.
[01:39:46.740 --> 01:39:51.740]  And since it's fraud, you might ask for punitive damages.
[01:39:51.740 --> 01:39:57.740]  So you claim how much it cost you to build this in time and labor,
[01:39:57.740 --> 01:40:01.740]  and ask for that amount to make you whole,
[01:40:01.740 --> 01:40:04.740]  and ask for three times that amount for punitive
[01:40:04.740 --> 01:40:08.740]  because they acted with reckless indifference.
[01:40:08.740 --> 01:40:11.740]  Actually, they acted deliberately.
[01:40:11.740 --> 01:40:13.740]  Malicious.
[01:40:13.740 --> 01:40:15.740]  Malicious, that's the word.
[01:40:15.740 --> 01:40:17.740]  Malicious, okay.
[01:40:17.740 --> 01:40:21.740]  All right, well, you're giving me some great advice.
[01:40:21.740 --> 01:40:25.740]  I'm going to start doing this next week because my hearing is on the February 24th,
[01:40:25.740 --> 01:40:29.740]  so I want to get everything done before the hearing, see what happens.
[01:40:29.740 --> 01:40:32.740]  Okay, what hearing is this?
[01:40:32.740 --> 01:40:34.740]  I have a hearing.
[01:40:34.740 --> 01:40:39.740]  It's called a City Administrative Hearing Summon on the 24th,
[01:40:39.740 --> 01:40:42.740]  saying that I'm liable for a violation of city ordinance,
[01:40:42.740 --> 01:40:49.740]  failure to comply with fence design construction standard that occurred January 7, 2015.
[01:40:49.740 --> 01:40:52.740]  Okay, you need to subpoena all those witnesses.
[01:40:52.740 --> 01:40:55.740]  You need to find out the rules for that hearing,
[01:40:55.740 --> 01:40:58.740]  and you need to go and get subpoenas and subpoena all these people
[01:40:58.740 --> 01:41:01.740]  and have them brought before this hearing.
[01:41:01.740 --> 01:41:06.740]  And with regards to, I'm not sure whether the rules of civil procedure apply
[01:41:06.740 --> 01:41:08.740]  with regards to invoking the rule,
[01:41:08.740 --> 01:41:10.740]  but you may be allowed to invoke the rule,
[01:41:10.740 --> 01:41:14.740]  which essentially means that the witnesses have to wait outside,
[01:41:14.740 --> 01:41:17.740]  so they can't hear each other's testimony.
[01:41:17.740 --> 01:41:21.740]  And the idea is to walk through the entire process that you did,
[01:41:21.740 --> 01:41:23.740]  show them every document, make copies.
[01:41:23.740 --> 01:41:27.740]  Never give anybody your original document.
[01:41:27.740 --> 01:41:30.740]  Make true and correct copies, put an affidavit at the end,
[01:41:30.740 --> 01:41:35.740]  saying this is a true and correct copy of the building permit application
[01:41:35.740 --> 01:41:37.740]  filed on such and such date.
[01:41:37.740 --> 01:41:41.740]  Do you know how to do an affidavit?
[01:41:41.740 --> 01:41:44.740]  No, I don't, but I'll research it.
[01:41:44.740 --> 01:41:49.740]  Okay, but you need to find out what the rules of engagement are before February.
[01:41:49.740 --> 01:41:51.740]  The idea is to know the rules of how they did it.
[01:41:51.740 --> 01:41:55.740]  See, they may be able to tell you that you have to remove the structure,
[01:41:55.740 --> 01:41:58.740]  and now they're citing you because you didn't remove the structure,
[01:41:58.740 --> 01:42:01.740]  and they may not be able to get through with the citation issue
[01:42:01.740 --> 01:42:06.740]  based on the fact that you can prove that they're barred by equitable estoppel,
[01:42:06.740 --> 01:42:13.740]  meaning that they created the violation of city ordinance
[01:42:13.740 --> 01:42:16.740]  because they let you down this path,
[01:42:16.740 --> 01:42:22.740]  and based on the capricious and arbitrary nature of how they ruled on this order to remove,
[01:42:22.740 --> 01:42:27.740]  they essentially have committed a tort action against you and damaged you,
[01:42:27.740 --> 01:42:30.740]  and now this is a continuing of that tort action,
[01:42:30.740 --> 01:42:33.740]  and if they don't cease and desist or they rule against you in this,
[01:42:33.740 --> 01:42:39.740]  it will rise to the level of malicious and intentional.
[01:42:39.740 --> 01:42:41.740]  Gotcha, okay.
[01:42:41.740 --> 01:42:45.740]  Especially if the mayor already has a tort letter.
[01:42:45.740 --> 01:42:49.740]  A tort letter is going to create some politics,
[01:42:49.740 --> 01:42:53.740]  the best kind of politics, the local politics.
[01:42:53.740 --> 01:42:56.740]  The mayor is going to get this and say, what did you guys do?
[01:42:56.740 --> 01:42:57.740]  What is going on?
[01:42:57.740 --> 01:43:02.740]  Now you get a third party come down, stir it in their mix,
[01:43:02.740 --> 01:43:05.740]  and he didn't do, the mayor didn't do anything.
[01:43:05.740 --> 01:43:06.740]  He's innocent in this thing.
[01:43:06.740 --> 01:43:09.740]  Why am I having to deal with this mess?
[01:43:09.740 --> 01:43:11.740]  He's going to be upset with them.
[01:43:11.740 --> 01:43:14.740]  This creates some really nice politics.
[01:43:14.740 --> 01:43:17.740]  Make sure you get that tort letter in.
[01:43:17.740 --> 01:43:20.740]  Okay, I will do that.
[01:43:20.740 --> 01:43:22.740]  Okay, just research on the internet.
[01:43:22.740 --> 01:43:26.740]  If you need to look up tort letter, it will explain it.
[01:43:26.740 --> 01:43:29.740]  Look up equitable estoppel,
[01:43:29.740 --> 01:43:33.740]  and look up screws VUS.
[01:43:33.740 --> 01:43:35.740]  They're screwed.
[01:43:35.740 --> 01:43:37.740]  Screws VUS.
[01:43:37.740 --> 01:43:44.740]  1945 case, two sheriff and two deputies drunk in a beer joint.
[01:43:44.740 --> 01:43:47.740]  They're upset at this black guy going to go arrest him.
[01:43:47.740 --> 01:43:50.740]  Bartender tries to talk him out of it.
[01:43:50.740 --> 01:43:52.740]  They will not be dissuaded.
[01:43:52.740 --> 01:43:55.740]  They arrest the guy, wind up beating him to death on the courthouse steps.
[01:43:55.740 --> 01:43:59.740]  They're sued, they're prosecuted in the state, sued in the states.
[01:43:59.740 --> 01:44:03.740]  Do you feel tired when talking about important topics like money and politics?
[01:44:03.740 --> 01:44:04.740]  Boring!
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[01:46:00.740 --> 01:46:22.740]  MUSIC
[01:46:22.740 --> 01:46:24.740]  Okay, we are back.
[01:46:24.740 --> 01:46:27.740]  Randy Kelton and Steve Skidmore here with Kim Magnuson.
[01:46:27.740 --> 01:46:29.740]  We're talking to Rick in Texas.
[01:46:29.740 --> 01:46:31.740]  We do need to close this out,
[01:46:31.740 --> 01:46:34.740]  but Ken and I both had an issue over the break.
[01:46:34.740 --> 01:46:37.740]  There's a lot you need to learn.
[01:46:37.740 --> 01:46:38.740]  Yes.
[01:46:38.740 --> 01:46:41.740]  We're concerned that you don't have enough information
[01:46:41.740 --> 01:46:43.740]  to be able to fight this case,
[01:46:43.740 --> 01:46:47.740]  so you need to get all the rules for the administrative procedures hearing
[01:46:47.740 --> 01:46:50.740]  and read them twice.
[01:46:50.740 --> 01:46:53.740]  Just read through them the first time.
[01:46:53.740 --> 01:46:56.740]  Don't try to understand it, just read it.
[01:46:56.740 --> 01:46:58.740]  Then go back and read it a second time.
[01:46:58.740 --> 01:47:00.740]  When you read it a second time,
[01:47:00.740 --> 01:47:03.740]  you'll start stitching all these different codes together.
[01:47:03.740 --> 01:47:05.740]  They'll mention something up front,
[01:47:05.740 --> 01:47:07.740]  and it won't make sense the first time you read it.
[01:47:07.740 --> 01:47:09.740]  But after you've read the whole thing,
[01:47:09.740 --> 01:47:11.740]  you go back and read it again.
[01:47:11.740 --> 01:47:13.740]  You read something up front,
[01:47:13.740 --> 01:47:16.740]  and you'll remember something in the back that that refers to.
[01:47:16.740 --> 01:47:18.740]  You'll begin to stitch this together.
[01:47:18.740 --> 01:47:20.740]  And once you've done that,
[01:47:20.740 --> 01:47:25.740]  you will almost certainly understand their own code better than they do.
[01:47:25.740 --> 01:47:30.740]  And I can tell you from experience, they really, really hate that.
[01:47:30.740 --> 01:47:35.740]  And where I was going when we left out with Screws v. U.S.,
[01:47:35.740 --> 01:47:39.740]  these guys complained that they didn't have notice
[01:47:39.740 --> 01:47:44.740]  they could be sued in the Fed as well as sued in the state.
[01:47:44.740 --> 01:47:48.740]  And what the court said was that a private citizen
[01:47:48.740 --> 01:47:52.740]  may not claim ignorance of the law as a defense to prosecution.
[01:47:52.740 --> 01:47:59.740]  A public official is held to a much higher standard.
[01:47:59.740 --> 01:48:06.740]  If a public official violates a ruling of this court and he be sane,
[01:48:06.740 --> 01:48:10.740]  he may not be heard to say he knows not what he does.
[01:48:10.740 --> 01:48:16.740]  These building inspectors cannot say that we didn't know any better
[01:48:16.740 --> 01:48:20.740]  when we advised him to do this this way.
[01:48:20.740 --> 01:48:26.740]  Because according to the Supreme and Screws,
[01:48:26.740 --> 01:48:29.740]  if they're not insane, then they knew.
[01:48:29.740 --> 01:48:32.740]  If they didn't know, they were imputed to have that knowledge.
[01:48:32.740 --> 01:48:35.740]  They cannot claim they didn't.
[01:48:35.740 --> 01:48:38.740]  And you have equitable estoppel.
[01:48:38.740 --> 01:48:43.740]  Look up equitable estoppel so that you understand it.
[01:48:43.740 --> 01:48:48.740]  And when they did the inspections, they didn't do that for free.
[01:48:48.740 --> 01:48:51.740]  They charged you for those inspections.
[01:48:51.740 --> 01:48:54.740]  So since they charged you for the inspections
[01:48:54.740 --> 01:48:57.740]  and you paid them to give you a proper inspection,
[01:48:57.740 --> 01:48:59.740]  now they're coming back and saying,
[01:48:59.740 --> 01:49:02.740]  oh yeah, when we contracted to do those inspections,
[01:49:02.740 --> 01:49:05.740]  well, we screwed you big time.
[01:49:05.740 --> 01:49:10.740]  So when you do the tort letter, you name the inspectors themselves
[01:49:10.740 --> 01:49:14.740]  for giving you the faulty inspections.
[01:49:14.740 --> 01:49:17.740]  That'll make them unhappy.
[01:49:17.740 --> 01:49:19.740]  Okay, we really need to move along.
[01:49:19.740 --> 01:49:24.740]  Dusty's been waiting a while, and we're going to enjoy Dusty.
[01:49:24.740 --> 01:49:27.740]  How do I make a donation to you guys?
[01:49:27.740 --> 01:49:29.740]  Where do I go for that?
[01:49:29.740 --> 01:49:35.740]  Oh, just go to Logos Radio Network and look up Randy's Beer Fund.
[01:49:35.740 --> 01:49:39.740]  There's a donation button on there.
[01:49:39.740 --> 01:49:43.740]  We greatly appreciate it.
[01:49:43.740 --> 01:49:48.740]  She won't let me have Randy's Beer Fund on there.
[01:49:48.740 --> 01:49:52.740]  Okay, thank you, Rick, and keep us up to speed on what happens here.
[01:49:52.740 --> 01:49:53.740]  Okay, thank you.
[01:49:53.740 --> 01:49:55.740]  And email me that information.
[01:49:55.740 --> 01:49:59.740]  I can give you some more specific suggestions.
[01:49:59.740 --> 01:50:02.740]  Make it to email Ken, correct?
[01:50:02.740 --> 01:50:10.740]  No, send it to randy at ruleoflawradio.com.
[01:50:10.740 --> 01:50:11.740]  Got it.
[01:50:11.740 --> 01:50:12.740]  Okay, Randy, thank you.
[01:50:12.740 --> 01:50:13.740]  Okay, thank you, Rick.
[01:50:13.740 --> 01:50:17.740]  Now we're going to go to Dusty in Texas.
[01:50:17.740 --> 01:50:18.740]  Hello, Dusty.
[01:50:18.740 --> 01:50:21.740]  Hello.
[01:50:21.740 --> 01:50:22.740]  How are you doing?
[01:50:22.740 --> 01:50:23.740]  I am doing good.
[01:50:23.740 --> 01:50:26.740]  I read your affidavit.
[01:50:26.740 --> 01:50:33.740]  Dusty sent me an affidavit on land patents.
[01:50:33.740 --> 01:50:36.740]  And we've done shows on land patents before.
[01:50:36.740 --> 01:50:40.740]  Ken, Steve Skidmore is more knowledgeable in that area.
[01:50:40.740 --> 01:50:48.740]  But after reading that affidavit, he is not anywhere near as knowledgeable as Dusty is.
[01:50:48.740 --> 01:51:00.740]  I was really impressed with, not with just what I read, but how well constructed it was.
[01:51:00.740 --> 01:51:01.740]  Thank you.
[01:51:01.740 --> 01:51:12.740]  And can you kind of walk down the basics of land patent as it applies to your case?
[01:51:12.740 --> 01:51:21.740]  Your case was excellent to give us a good understanding of land patents as opposed to
[01:51:21.740 --> 01:51:23.740]  a title.
[01:51:23.740 --> 01:51:32.740]  Well, I would have to describe it in terms of a car.
[01:51:32.740 --> 01:51:40.740]  When you go to pay for a car and you buy a car and pay for it cash, you expect to get
[01:51:40.740 --> 01:51:41.740]  a title.
[01:51:41.740 --> 01:51:49.740]  And they send the title to the state that holds it in trust, and they convert it into
[01:51:49.740 --> 01:51:53.740]  a color of law certificate of title.
[01:51:53.740 --> 01:51:55.740]  And they send you the certificate of title.
[01:51:55.740 --> 01:51:57.740]  They hold the title.
[01:51:57.740 --> 01:52:08.740]  So with land patents, the state has recorded the land patent in the general land office.
[01:52:08.740 --> 01:52:15.740]  And then they convert it, or the county actually, is supposed to also have it recorded in the
[01:52:15.740 --> 01:52:17.740]  county where the property is.
[01:52:17.740 --> 01:52:26.740]  And at that point, then any land that is sold in the county does not get the title for that
[01:52:26.740 --> 01:52:27.740]  land.
[01:52:27.740 --> 01:52:32.740]  They get a certificate of title called a warranty deed.
[01:52:32.740 --> 01:52:35.740]  And that's a color of law title.
[01:52:35.740 --> 01:52:45.740]  And so basically what I've been trying to do is get back to the title, which is the
[01:52:45.740 --> 01:52:47.740]  land patent.
[01:52:47.740 --> 01:52:54.740]  And it has a forever benefit, and it's an executory contract.
[01:52:54.740 --> 01:53:03.740]  What I found out when I was researching was that the 1845 Texas Constitution, if you look
[01:53:03.740 --> 01:53:13.740]  at the correct one on the internet, you know, under the, I don't know if it's the archive
[01:53:13.740 --> 01:53:23.740]  or whatever, but anyway, it says under the, oh, clear at the bottom, it has an addendum.
[01:53:23.740 --> 01:53:30.740]  And in that addendum, it says specifically that the patent is a contract.
[01:53:30.740 --> 01:53:36.740]  And it talks about that it's a contract with the state or with the president.
[01:53:36.740 --> 01:53:44.740]  And then I looked at the Senate journals and the congressional, the constitutional convention
[01:53:44.740 --> 01:53:49.740]  journals, and it mentions that these patents are contracts.
[01:53:49.740 --> 01:53:55.740]  So there's a lot of validation for the fact that these patents are contracts.
[01:53:55.740 --> 01:54:01.740]  And then when you look at the trustees of Dartmouth College, that was a Supreme Court
[01:54:01.740 --> 01:54:08.740]  case that was argued by Daniel Webster regarding his alma mater, which was Dartmouth College.
[01:54:08.740 --> 01:54:12.740]  And they were trying to change up the structure of it.
[01:54:12.740 --> 01:54:17.740]  And he said, no, no, this was specific property that was granted.
[01:54:17.740 --> 01:54:25.740]  And it was granted by contract, by patent, and it has continuing obligations.
[01:54:25.740 --> 01:54:32.740]  And unless there were reservations or restrictions in that contract that were specifically spelled
[01:54:32.740 --> 01:54:37.740]  out, then you can't come back later and say, oh, by the way, you know, I want to have this
[01:54:37.740 --> 01:54:43.740]  and this, because it was not allotted in the original contract.
[01:54:43.740 --> 01:54:51.740]  And my whole point is that this property was granted prior to Texas becoming a state.
[01:54:51.740 --> 01:54:55.740]  So Texas can't be a party to the contract.
[01:54:55.740 --> 01:55:03.740]  Also, these political subdivisions are corporations, and they are new kids on the block.
[01:55:03.740 --> 01:55:06.740]  They're kind of a recent development.
[01:55:06.740 --> 01:55:13.740]  And, you know, I've spent four years doing open records requests, and they have never
[01:55:13.740 --> 01:55:16.740]  once ever responded to me.
[01:55:16.740 --> 01:55:24.740]  They've never given me any evidence of any type of interest, any type of contract, any
[01:55:24.740 --> 01:55:29.740]  type of—they haven't refuted, rebutted anything.
[01:55:29.740 --> 01:55:37.740]  And so basically, by not defending their position, they've agreed with my position.
[01:55:37.740 --> 01:55:38.740]  And—
[01:55:38.740 --> 01:55:46.740]  Okay, will you explain your position in this regard?
[01:55:46.740 --> 01:55:55.740]  My position is that the president of the republic wrote a document or a declaration stating
[01:55:55.740 --> 01:56:03.740]  that the power that was invested in him as the president of the republic, that he was
[01:56:03.740 --> 01:56:10.740]  relinquishing—and if you look up that word and relinquish, it says it's ceding, you
[01:56:10.740 --> 01:56:11.740]  know.
[01:56:11.740 --> 01:56:17.740]  So if you—it's a cession of all rights, it's a divesting of rights.
[01:56:17.740 --> 01:56:26.740]  So it said he was relinquishing all rights, which is jurisdiction, and title, which is
[01:56:26.740 --> 01:56:27.740]  title to the property.
[01:56:27.740 --> 01:56:40.740]  All right, and title in and to land, heretofore held by the republic, and issue letter patent
[01:56:40.740 --> 01:56:41.740]  for the same.
[01:56:41.740 --> 01:56:43.740]  What is the same?
[01:56:43.740 --> 01:56:51.740]  The same rights, title and immunities, rights, privileges, immunities, whatever, that the
[01:56:51.740 --> 01:56:52.740]  republic held.
[01:56:52.740 --> 01:56:58.740]  Well, they weren't paying taxes to France and Spain and Mexico, you know.
[01:56:58.740 --> 01:57:01.740]  At that time, there wasn't property tax.
[01:57:01.740 --> 01:57:11.740]  So then, you know, I've gone through and looked at all of this and even found two books
[01:57:11.740 --> 01:57:15.740]  that you can download from Google.
[01:57:15.740 --> 01:57:24.740]  One of them is the report of the commissioner of the general land office to the secretary
[01:57:24.740 --> 01:57:28.740]  of the interior, and it's in 1870.
[01:57:28.740 --> 01:57:34.740]  And then the secretary of the interior sent it on to Congress.
[01:57:34.740 --> 01:57:36.740]  And so there's two separate books.
[01:57:36.740 --> 01:57:38.740]  There's several hundred pages each.
[01:57:38.740 --> 01:57:47.740]  And both of these books state in there that they recognize that land titles in America
[01:57:47.740 --> 01:57:50.740]  were purely allodial.
[01:57:50.740 --> 01:57:53.740]  And, you know, they...
[01:57:53.740 --> 01:57:56.740]  Will you define allodial?
[01:57:56.740 --> 01:58:02.740]  Allodial is holding it in your own right and not be beholding to anyone.
[01:58:02.740 --> 01:58:09.740]  You do not owe anyone for your property.
[01:58:09.740 --> 01:58:15.740]  You know, once it's paid for, it's yours.
[01:58:15.740 --> 01:58:17.740]  Now, we've talked about this before.
[01:58:17.740 --> 01:58:25.740]  And what most of the people who talk about land patents go to is the only way the state
[01:58:25.740 --> 01:58:34.740]  can tax you on property is if they hold a title to the property.
[01:58:34.740 --> 01:58:36.740]  They hold an interest in the property.
[01:58:36.740 --> 01:58:42.740]  And that's why you sent them a letter asking them to tell you what interest they had in the property.
[01:58:42.740 --> 01:58:44.740]  Is that correct?
[01:58:44.740 --> 01:58:47.740]  Yes. And they sent me back a...
[01:58:47.740 --> 01:58:49.740]  Hold on, hold on.
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