Hour 1: Discussion of unlawful “SMART – Specialized Multi-Agency Response Team” searches in Oakland, California, and how these searches and programs violate California Constitution and California statutes. Hosts discuss how these programs are likely an attempt at local implementation of the evil Agenda 21 plan of the U.N. for the purpose of establishing an unlawful, unconstitutional global government takeover of local municipal agencies and municipal governments as well as an attempt to circumvent local municipal charters and ordinances, county commissioners courts and the sheriffs, as well as state and federal Constitutions, statutes and lawful state and federal governmental authority. http://www.infowars.com/oakland-police-search-without-warrants
Hours 2-4: Hosts take calls.
Hours 1 & 2:
Deborah reads a newspaper article concerning Specialized Multi-Agency Response Team (SMART) thugs in Oakland, California beginning warrantless searches of people’s homes in their efforts to implement the United Nation’s Agenda 21 under the guise of “code enforcement”. This is an attempt to control people’s electronic appliances and energy usage with mandatory home inspections. [Deb warns of any government operation containing the word “smart”: “Smart Inspections / Growth / Gird / etc.”] Agenda 21 bypasses the federal government, the State governments, and even local government, by going directly to local municipal officials and laws.
Randy states unequivocally that in these types of matters the law is clear: they must have your consent or a search warrant.
Eddie relates a personal encounter with a dog code officer and her phalanx of police officers in his backyard, even though his property is posted against such invasions. He let them know that he would press charges and they left.
Jimmy (NC) [0h32m40s] has fired his worthless, court appointed attorney who has done nothing and is seeking only to cut a deal. The judge strongly urges Jimmy to not represent himself. Randy urges him to rehire the court appointed attorney and get him into line with bar grievances. How to catch the D.A. lying about grand jury deliberations.
Kevin (Austin) [0h57m] discusses a family violence case. Conflicting stories about the participants in the violence.
Bill (ID) [1h19m30s] vaguely describes a situation concerning a contested will.
Micheal and Brigit (Austin) [1h33m] are concerned that the DJ they hired for their wedding is not on the up-and-up. After orally agreeing to hire a DJ, they read online many stories from people who were ripped off by this particular booking agent. Deborah is able to relate so firsthand professional information about the ins and outs of hired musical performers, booking agents, subcontractors, and the importance musicians being involved in the contractual agreements.
Stefan (ID) revisits his situation from the previous night regarding what he considers to be “identity theft” because a merchant created an account in his name because his mother used his credit card and ordered something.
Hours 3 & 4:
Dan (CT) suggests that ROL callers summarize the pertinent who-what-where information of their situation together BEFORE calling to make it easier for everyone. Randy adds that there is additional benefit to writing a narrative before calling: it de-emotionalizes the person and clarifies what is important.
Anne (UT) [0h20m] is interested in the fee Randy charges [$1,0000] for his RemediesInRealEstate.com services. Talk of 42USC1983 and how to go about securing outdated Litigation Guides that are applicable to your State for free from local attorneys.
Mike (Maine) [0h36m] details how his bank is suddenly refusing to deposit checks he has received and signed with a jurat about being paid in lawful (gold/silver) money pursuant to the Coinage Act of 1792. Everyone contributes in a wonderful and far-reaching discussion about legal tender laws, what endorsement means (UCC Article 3, section 3-204(a)), how to reserve one’s rights on a separate document by certified mail. Deborah [0h48m] wonders if the signature card one signs with the bank upon opening an account isn’t somehow relevant to all of this and, according Eddie, it is indeed. It IS the contract (even though no one from the bank signs it). Eddie states that he has signed his signature card “All rights reserved”. (The bank didn’t seem to care for this signature for some reason, but tough luck.) It is agreed [1h04m] that legal tender laws are designed to protect the payer, not the payee.
Gloria (TX) [1h09m] discusses her daughter’s parking lot accident and the ensuing lawsuit brought by the opposing car insurance company.
Jason (TX) [1h33m] updates us on his arrest for an unlicensed handgun in his car that he announced to the police who mistakenly stopped him as a suspect.
Mike (TX) [1h45m] looks to be an ideal “first blush” case to test the legal requirement concerning who in Texas can and who cannot prosecute traffic cases.
HOUR 1 & 2
Deborah reads July 5 article from East Bay Express about Oakland, California apartment searches under guise of “SMART” code inspection, with arrests for illegal activities. These are done without warrants, so they declare an emergency to enter. “SMART” and sustainable are code words for Agenda 21. http://www.agenda21talk.com ACLU says they violated Constitution.
Smart grid is about government monitoring and controlling your appliances.
Randy says entering premise for code enforcement has been adjudicated in California and it requires a warrant.
Eddie says it is end-run around requirement for warrant. The question is are you willing to object and stand your ground?
32:35
Jimmy in North Carolina.
Criminal case with public defender. Public defender tried to get him to take a plea to shield other two defendants.
Fired public defender in court. Introduced 1099 tax forms in court. Asked for discovery, which was denied.
Randy suggests filing bar grievance against public defender for failing to adjudicate case. Do not represent yourself, use the public defender. Have attorney file Writ of Mandamus with court.
How to file criminal charges against FBI and Secret Service? Randy says to get copy of your criminal complaint, use the same format, use language of federal statute you say they are violating.
May want to move for Interrogatory Appeal instead of Writ of Mandamus.
Deborah says to pursue all possible remedies in law before pursing remedies in equity.
Randy says to look at indictment date stamp, and then check if grand jury actually met on that date. Check if a court reporter submitted a financial voucher for that date.
Wife did not receive indictment, though she is named in case. Wife was questioned without being read rights, so that information can be suppressed.
57:00
Kevin in Austin Texas.
Family violence misdemeanor.
Deborah says family violence cases are important because those convicted lose right to bear firearms.
Police with evidence can initiate proceedings against a person for domestic violence, even if victim/witness will not press charges.
79:30
Bill in Idaho.
Contested will. Second executor only has power when first executor abdicates position.
93:00
Michael in Texas.
Sent $200 credit card deposit to DJ booking agent. Trying to cancel verbal agreement contract.
Deborah says without it being part of contract, performer/DJ does not provide interview before the show. May be able to file claim with credit card company.
114:17
Stephan in Idaho.
Identity theft continued from previous show. Look at terms and conditions when credit card purchase was completed.
HOUR 3 & 4
5:25
Dan in Connecticut.
Typical questions callers should answer:
Who is involved. What did they do.
Write down time-line.
What documents/judgments have been filed.
What is expected outcome.
Randy says these issues are emotional which affects our memories. Write down a narrative.
Dan suggests considering several goals/outcomes.
19:50
Ann in Utah.
Question to Randy about mortgage fraud fees. $1000.
How to file and collect on Title 42. 42 US Code 1983 is specific. Allows suing of public official. The format is similar to other civil actions. In civil, claim must be made under cause of action (a defined tort). “Person committed common law fraud by misrepresenting truth to me that I accepted as being true.” Law firms may be willing to give old litigation guides.
28:40
Deborah provides additional information on family violence. Article 14.03, authority of peace offices. Arrest without warrant.
32:15
Deborah discusses family violence. Peace office may arrest without warrant if there is probable cause.
35:56
Mike in Maine.
Bank refuses to cash check with endorsement beyond a signature. Title 18, deprivation of rights.
Randy asks where caller has right to write on check, and is bank compelled to do business and cash the check.
Check was drawn on bank where attempting to cash the check.
Caller writes “federal reserve notes accepted under duress”.
Title 12, federal reserve notes are redeemable in lawful money at any federal reserve bank.
Eddie asks caller about definition of legal tender and lawful money. What is a dollar. Coinage Act.
Deborah says HJR 192 is law and means it is no longer possible to “pay” a debt. Can only “discharge” a debt. http://www.scribd.com/doc/3931095/HJR-192-1933
Eddie says UCC article 3, section 3-204a defines endorser and endorsement. Also see UCC 1-308.
Eddie says filing letter with bank reserving rights and that bank will refuse the letter. Use certified mail. Bank signature card is a contract and is typically open-ended (fraud through non-disclosure). Deborah says signature is not really a contract because bank doesn’t sign the card.
64:03
Deborah discusses federal reserve notes and legal tender. Legal tender laws do not apply to those being offered. Legal tender laws protect the offerer so the offerer can tender the legal tender and it will not be refused when discharging a debt. Legal tender laws do not require someone to accept federal reserve notes before the service or product is provided. Example is Michael Badnarik required four ounces of silver as payment for his course.
68:50
Gloria in Texas.
$14,000 suit by State Farm in county court. County court will have jurisdiction for $14,000 suit.
Intersection with shrubs and private road between stores in a parking lot.
Bring owner of parking lot into suit for their liability of unsafe parking lot with a cross-complaint.
Look into claimed amount. Get similar vehicle and record approach and bushes to present what would be seen by the driver.
Caller has parking lot blue prints.
Ask police if they can provide accident reports from that location. Use the business address. Get copy of each associated police report.
93:07
Jason in Texas.
Traffic stop with pistol in automobile. Pistol not initially found, caller volunteered it.
Lawyer says prosecutor says there is no case and wants to see relevant case law in a brief. Lawyer says he filed brief. Caller tried to see brief at court house and it wasn’t there and was with judge.
Judge’s coordinator will provide access.
Only presiding judge, not prosecutor, can drop/dismiss case.
Ask lawyer for copies of what he has filed, with “filed” stamps with dates.
Eddie says if you trust your attorney you had better be married to her. If not, don’t trust your attorney.
911 call to police will need to match description for police to have valid probably cause.
105:35
Mike in Texas.
Seat belt ticket. Taken to court and city prosecutor has no filed oath of office or anti-bribery statement. On appeal the judge did not have oath of office, which judge then created and back-dated. Appealed to court of appeals who said they can’t rule on it due to lack of jurisdiction.
Eddie says city prosecutor can’t prosecute in name of state. Only county attorney or district attorney can prosecute for state. This issue has not been adjudicated.
File a Writ of Certiorari.
Court clerk said the court was private and secret. File criminal complaint against court clerk.
Randy says this is a test case of the appeals court being private. With court security, try to attend a hearing. When denied, ask for security and court clerk to be arrested. 124 code of criminal procedure. Go to district attorney with criminal complaint.