Hour 1: Matthew Medina and Joseph Lopez from We Are Change San Antonio discuss their victory concerning having the charges against them dismissed regarding their 9/11 Truth sign and handing out free dvd’s in the park.
Hours 2-4: Hosts take calls.
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04-12-10 Rule Of Law
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Guest Diane Beall Templin, real estate attorney and candidate for Attorney General for the State of...
Hours 1 & 2:
Joseph Lopez and Matt Medina of We Are Change San Antonio retell their story about being ticketed for having a 9/11 Truth banner and update us on how their trial went. They showed up at the schedule time and place and learned only then that their case had been dismissed. Randy urges them to file against the arresting police officer, but Matt and Joseph seem hesitant to do so.
Eddie, who is dismayed over the complete lack of intelligence and education in many people today in America, demonstrates his point by playing [at 0h33m20s] a Michael Savage audio clip (that has gone viral on the Internet) of a conversation Savage had with a Latina who suggested that America should have no borders [which raises the question of where America is exactly, geographically speaking] and that certain Americans are too rich and should be stripped of their wealth. A vibrant example of how collectivism destroys brain cells.
Frank (NY) wants [at 0h46m40s] a way to handle policemen about his desire to travel in his personal property, following being ticketed for having no State license plates/registration on his parked car. He has plates reading “Private Vehicle”. Our hosts have many good suggestions for him.
First-time caller Steve (TX) [at 1h10m20s], while moving slowly, was hit by a vehicle moving quickly. Steve and his car escape serious injury. The car was quite drivable, but the cops insisted on having it towed (i.e., stolen, grand theft auto) and cited him instead of the other driver for failure to yield.
Christian (LaPorte, TX) updates us on the Gulf Coast beaches near Galveston. Tar balls from the BP oil gusher are now washing ashore. Furthermore, the newspapers are reporting that BP admitted that it has released immense amounts of toxic chemicals (e.g., nitrous oxide) in its attempts to dissolve the oil. Christian states that locals are getting ill.
Bill (TX) suggests [at 1h32m] that Gulf Coast residents buy and ingest activated charcoal and benzoate clay to absorb and eliminate toxic substances from their bodies. Bill also raises questions about his court case, whether a motion to quash would be appropriate. Randy notes that motions to quash are highly particularized to the case at hand. Eddie chimes in that the case seems to lack subject matter jurisdiction and to attack it from that angle.
Ramon (Austin, TX) wants to know [at 1h52m] foresees not being about to make his mortgage payments in the near future and wonders if he should wait until he is being foreclosed upon to go to court. Deborah and Randy inform Ramon on the distinct advantages of being the plaintiff and not the defendant in a courtroom. Randy says that a simple demand for disclosure of information would probably have an immediate and stultifying effect on the mortgage company (such as “Who are you?” and “What proof do you have that you are a party in these matters?”)
HOUR 1 & 2
5:15
Matt Medina and Joseph from We Are Change San Antonio.
Tickets for signs during a rally. Tickets were for violation of commercial signage regulations. Tickets dismissed.
April 11 they were near Alamo displaying a 9/11 banner. Park police confronted them and wrote the tickets under city ordinance.
They went to court and pled not guilty. In July they appeared for court and the case had already been dismissed.
Randy suggests they file charges against the officer.
Description of more sign-waving and mega-phone usage at events. Say that most officers are supportive and most city police believe 9/11 was an inside job.
City ordinance is only binding on city employees and contractors, not the public.
21:00
Matt Medina and Joseph from We Are Change San Antonio.
Continuing to hand out DVDs and bull horn at Alamo Park.
They have passed out 10,000 DVDs.
Starting Baptist Patriots to attract Christians to the movement.
False imprisonment and malicious prosecution lawsuit could be filed. In Texas, giving a citation is an arrest.
Go to chief of police and demand an explanation of the original tickets.
33:25
Audio clip from Michael Savage about allowing immigration and welfare. Shows how we got into the current mess of what America has become and how we suffer through bad laws.
Deborah says capitalism and free markets are different things. We really want a free market.
Eddie says we should talk to people to educate them.
Handout slavery mentality.
Welfare mindset. People say they don’t have same opportunity due to past things. These same people will get money from the government and be slaves to that money.
Is forced slavery or voluntary slavery worse?
46:30
Frank in New York.
Taking a stand on right to travel in Highland, New York.
Parked in Sunoco gas station and spoke with police on two different days. Expected to be arrested by someone who would make procedural mistakes. No license, no insurance, no registration. Vehicle towed.
Randy previously recommended a tort letter to tow company.
Eddie asks if officer asked who owned car. Yes.
Frank did not drive in front of them. Frank was given tickets. Eddie asks if issuing a citation is “custodial arrest” in New York. If it is a custodial arrest and they did not witness a crime, they may have false imprisonment, aggravated assault, abuse of official capacity, criminal conspiracy (two officers), grand theft auto.
Another listener suggests looking at New York Penal Code 195 for Official Misconduct.
Frank has filed affidavits and made appearances.
Frank asks about procedure when going to court. Frank should find proper format for criminal complaint and write complaint against officer. Signed, notarized, and hand in along with pleadings. Find out requirements for subpoena of evidence.
Frank says they did not point their cameras at his plate. Frank can take his own pictures and in court ask if they recognize the plate.
Randy suggests caller read New York Code of Criminal procedure, twice. Deborah suggests reading New York transportation code.
Title 49 of federal law is the start of all State motor law.
70:18
Steve in Texas.
His car hit by car a year ago. Was ticketed and car was towed (against his objections) from private property.
Eddie asks on what grounds he stated he could take the car. Go after police and tow truck driver for theft of vehicle, armed robbery, aggravated assault, aggravated perjury, malicious prosecution. Also sue. Learn the basics from Jurisdictionary and get O’Connors Causes of Action.
Two years to bring civil action.
79:45
Christian in La Port, Texas.
Says tar balls have reached Galveston.
Summarizes a newspaper article about BP chemical release in Texas City that is unrelated to oil well leak. Comparison to Bhopal, India chemical release.
91:56
Bill in Texas.
Recommends activated charcoal and food grade bentonite clay for internal use.
Ticketed in Georgetown (municipal). Officer used electronic printing machine for ticket. Says ticket states the person agrees to appear in court.
Read Texas Transportation Code 54300[5,6,8].
Go as soon as possible and demand to see a magistrate. Just before closing the judge may have already left. Take something to file and get it stamped by the court. Randy suggests filing motion to disqualify prosecutor and motion to show authority (city attorney may not represent State), lack of subject matter jurisdiction for failure to apply all administrative duties.
Asks about Motion to Quash. Randy describes format of a motion – the parties, brief statement of facts, tell court what you want them to do, give supporting law for request, ask the to do it “the prayer”.
O’Connors Forms has many examples, though not everything.
Bill was also cited for driving with expired inspection, though it is illegal to display an expired inspection sticker.
11:46
Ramone in Austin, Texas.
Soon to be in foreclosure. Has sent certified letter requesting note for inspection. Uniform Commercial Code lack of presentation of instrument.
Randy has another approach of asking them to prove they have real standing and someone else won’t also try to collect the debt.
Randy says to sue them before you are behind in payments. Randy provides example of someone who was not behind, sued, and received offer from their attorney to modify the note. Deborah says it is better to file early and be the plaintiff.
Randy says to take a few hours to read the Real Estate Procedures Settlement Act.
Randy says to find similar foreclosure cases and read them.
HOUR 3 & 4
4:10
Garry from Georgia.
In States that have non-judicial foreclosure, before getting behind on payments people should make sure lender has complied with all laws. Sue the lender. In pre-trial discovery ask for documents.
Federal crop insurance corporation vs. Merrill, 1947, cited 1000+ times. Supreme Court said government must abide by law even if agent misrepresented truth, therefore when dealing with government people must ensure agent is acting correctly. Law of estoppel.
For traffic laws, people should ask for certified authenticated copy of regulations that implement law that require people to get drivers license and vehicle tags.
Agencies can not make laws, only regulations.
“Turning square corners” means government must follow what law says, not to add/subtract from it.
Person can counterclaim at any time against opposing party until their is a judgment.
19:52
Mark from Wisconsin.
Asks for Randy to visit Wisconsin Supreme Court and explain “turning square corners”.
Describes Wisconsin Supreme Court rulling on unconstitutional vehicle search acknowledged as illegal, but not thrown out.
Mark cites similar case with searching a drug house with unconstitutional search.
Randy suggests filing criminal charges against Supreme Court justices.
Mark says Supreme Court reviews judicial complaints.
Randy says filing presenting criminal complaints to grand jury.
Everyone, including Supreme Court justices, is afraid of grand juries.
Caller asks Randy if it is too late to change the system. Randy says to use the grand juries because it is outside reach of the branches of government. Take them on for official misconduct and official oppression.
31:25
Mike from Texas.
TSA in Austin stopped him for water bottle. Ticket without charges.
Requested magistrate at arraignment. Denied.
Asked for court reporter. Denied.
Asked to know charge. Denied.
Motion for dismisal. Denied.
Judge-like person entered plea for caller.
Caller asks how to prevent this from going to pre-trial, or what he should now do because he has appeared as specified on the ticket.
Randy says don’t be magistrated, ask for “examining trial”. Eddie agrees.
Eddie says without charging instrument, court lacks subject matter jurisdiction. In Texas there must also be an information to accompany a criminal charge. In Texas there must also be an indictment because law says all criminal cases must be presented to grand jury and indictment handed down by the grand jury. Potential criminal charges against prosecutor and judge. File suit and criminal charges against judge for proceeding without jurisdiction. Use discovery when filing civil suit to get information about person who wrote ticket.
After filing suit, file for temporary restraining order to prohibit city from moving forward until your suit is litigated. In suit, include request for injunctive relief (so they won’t throw it out). If you only ask for monetary relief they will throw it out.
File in district court costs $192. City will then likely want to make a deal.
40:08
Anonymous.
When harassed with police and telling them I don’t want to contract with them or with a court, do what when they proceed anyway?
Eddie asks why are you saying it is contracting? What is the contractual element?
Randy says a contract is only enforceable when something of value is exchanged.
Randy wonders what legal reform movement is trying to accomplish when using contract argument. This is not a perfect world so we need government to enforce rules. Therefore we can’t opt out of the system. Declaring a person private does not make that person private when the person is in public.
Randy says to use statutory law against them.
Caller is trying to be a private, non-contractual being and describes how he is being harassed.
Randy says he has duty to his grand-children to force public officials to abide by the laws. Hiding is not an option for Randy because he has a duty to make this a better world.
55:31
Deborah describes email about courts not having authority. Other than courts, we still have Constitution and laws that make courts legitimate. If you don’t agree, then you need to find somewhere else to go that is not already regulated. Deal with what we have.
65:02
Jamie in California.
State issue with litigant in different state. At time of occurrence litigant was in the state. No longer resides in state.
Question about personal appearance of disabled person. Do disability laws apply?
Randy says to review Americans With Disabilities Act. Give judge reasons from the act so the judge can do something different and make accomodations. Judges need parties to bring relevant law to the judge.
How to file these motions: three copies, three envelopes, one to opposing attorney, one to yourself, one to file with court. Have the envelopes delivered to clerk and stamped by clerk of court and then mail the two with one for court staying with clerk of court. Get certificate of service for the two that are delivered.
Randy describes parts of motion and purpose of motion. (See 91:56 of hours 1 & 2.)
Tell public defender to file the motion or threaten with a bar grievance.
Caller asks about subpoenas. How to get fraudulent contracts in their names.
Request them with specificity. There is difference between contract and implied duty (of government).
82:25
John from Colorado.
Property tax payment with dollar coins was refused. County threatening to seize property. Federal code for legal tender.
Randy says legal tender does not apply because it is state. Use state UCC to show debt has been discharged. Property tax is authority of state, so federal does not apply. Can’t immediately bring in federal law when state has jurisdiction.
Don’t file Lis Pendens without showing just cause. First file suit, then there is a valid Lis Pendens to cloud the file. It is relatively easy to file civil suit.
Caller asks what is practicing law without a license?
Just don’t put your name on any filed documents, and don’t sit with them or communicate with them while in court.
91:31
Dave in California.
What is statute of limitations for code enforcement violation in incorporated city in California?
In Texas it is two years. In civil it is typically wrote in the law.
Caller says non-operative vehicle on his property. Caller was cited in 2007. After three years they are pursuing the civil charge.
Read the statute under which charge was made. California Constitution has an enacting clause, so the code is likely not valid on the people.
If they are trying to collect a debt, read the Michael Mirs information.
95:13
Carlos in Caifornia.
In reference to previous caller, if you file anything on title in California, it is slander on title and they will sue you.
Foreclosure question about addressing judge when judge is not following law.
Randy says in unlawful detainer, court can only decide who has right to lawful posession. Judge can not rule on other issues. Person could have filed in district court and filed stay in this court.
Agenda 21 contact is admin@agenda21talk.com
Randy will do mortgage seminar in San Diego on July 24.
Randy is stopping foreclosures in their tracks by suing the lender. Describes some successes including defaults.
100:45
Bill from Texas.
Asks for details on bar grievances.
Randy says every state bar website will have a form. File them quick and often. Bar grievances are secret which works against attorneys because their insurance companies will drop them if too many are filed (regardless of outcome of grievance). Nine malpractive underwriters in USA, which are backed by Lloyd’s of London. They all have similar requirements.
Judicial conduct complaints file judges for their career.
File separate bar grievance for each claim. Don’t file them all at once. State claim in form from standard of ethics.
Filing bar grievance does not have impact on related trials.
112:53
Randy describes more mortgage fraud successes.
If your house is going to foreclosure sale and you haven’t done anything, at least go to foreclosure sale and wave around a red folder with papers and state “this house is under suit and if you buy this house you get the suit”. Then sue the lender which prevents them from doing anything to property. Therefore you stay in the property while litigation is scheduled.
In next two years, expect median housing price to drop to 30% of 2008 highs.