[00:00.000 --> 00:12.460]  AIG, under pressure from the administration, has revealed who got $100 billion in bailout
[00:12.460 --> 00:19.000]  money. $44 billion went to counterparties such as Goldman Sachs and states such as California
[00:19.000 --> 00:25.800]  and Virginia. But the majority of the funds, $58 billion, went to banks outside the US.
[00:25.800 --> 00:31.840]  French and German banks pulled in $19 and $17 billion respectively. In Russia, the Communist
[00:31.840 --> 00:37.200]  Party claimed a total of 5 million people demonstrated across the country Saturday asking
[00:37.200 --> 00:43.000]  President Dmitry Medvedov, quote, Where is the money, Dima? Communists have regained
[00:43.000 --> 00:49.200]  strength as the economy and employment have plunged. At the NATO summit in Strasbourg,
[00:49.200 --> 00:54.960]  France, anti-military and anti-globalization protesters torched two buildings, drawing
[00:54.960 --> 00:58.960]  violent reaction from thousands of armed riot police.
[00:58.960 --> 01:06.800]  Top of the hour news brought to you by INN World Report. Elizabeth Warren, chief watchdog
[01:06.800 --> 01:14.040]  of America's $700 billion bank bailout, says top executives from Citigroup, AIG and other
[01:14.040 --> 01:20.320]  institutions receiving government money should be fired. The report also questions the administration's
[01:20.320 --> 01:26.720]  approach to saving the financial system from collapse. Warren, chair of the Oversight Committee
[01:26.720 --> 01:32.040]  monitoring the government's troubled asset relief program, is also set to call for shareholders
[01:32.040 --> 01:38.480]  in those institutions to be wiped out. Warren says Japan offered subsidy with little or
[01:38.480 --> 01:44.680]  no consequences for management or equity investors, which is why Japan suffered a lost decade.
[01:44.680 --> 01:49.480]  Warren believes there are dangers inherent in Treasury Secretary Tim Geithner's open-ended
[01:49.480 --> 01:55.200]  subsidies to some of the world's biggest financial institutions. The report states,
[01:55.200 --> 02:00.840]  quote, the very notion that anyone would infuse money into a financially troubled entity without
[02:00.840 --> 02:09.760]  demanding changes in management is preposterous. House Judiciary Committee Chairman John Conyers
[02:09.760 --> 02:15.880]  released the final draft of an extensive report documenting the Bush administration's unrevealable
[02:15.880 --> 02:21.320]  war powers and the possible war crimes it committed. Conyers recommended Attorney General
[02:21.320 --> 02:26.760]  Eric Holder appoint a special prosecutor to investigate whether enhanced interrogation
[02:26.760 --> 02:32.520]  techniques used against alleged terrorist detainees violated international and federal
[02:32.520 --> 02:39.160]  laws against torture. Conyers' report follows the dismal failure of Sen. Leigh's Truth Commission
[02:39.160 --> 02:44.440]  that stopped due to lack of Republican support. The UN Convention against Torture says no
[02:44.440 --> 02:50.280]  exceptions whatsoever may be invoked to justify torture. The Bush administration's approach
[02:50.280 --> 03:14.880]  was that forbidding torture or degrading prisoners cannot constrain the president.
[03:14.880 --> 03:32.800]  Backer Voice
[03:32.800 --> 03:40.800]  Tell me what you're gonna do, what you're gonna do
[03:40.800 --> 03:42.800]  Yeah
[03:42.800 --> 03:48.800]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:48.800 --> 03:54.800]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:54.800 --> 03:57.800]  When you were eight and you had bad dreams
[03:57.800 --> 03:59.800]  You'd go to school and learn the golden rules
[03:59.800 --> 04:02.800]  So why are you acting like a bloody fool
[04:02.800 --> 04:05.800]  If you get hot then you must get cool
[04:05.800 --> 04:16.800]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[04:16.800 --> 04:19.800]  You took it on that one, you took it on this one
[04:19.800 --> 04:21.800]  You took it on your mother and you took it on your father
[04:21.800 --> 04:24.800]  You took it on your brother and you took it on your sister
[04:24.800 --> 04:27.800]  You took it on that one and you took it on me
[04:27.800 --> 04:49.800]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[04:49.800 --> 05:01.800]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[05:01.800 --> 05:07.800]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[05:07.800 --> 05:15.800]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[05:15.800 --> 05:31.360]  Bad boys, bad boys, what are you going to do when Randy Kelton and Debra Stevens come
[05:31.360 --> 05:32.360]  for you?
[05:32.360 --> 05:38.120]  This is the rule of law, Randy Kelton, Debra Stevens, of course, here.
[05:38.120 --> 05:44.320]  It's Monday evening, 8 p.m. Central Time, April 6th.
[05:44.320 --> 05:49.800]  And tonight we have a very special guest, Eddie Craig from Nacogdoches, Texas.
[05:49.800 --> 05:55.280]  He's one of our frequent callers, and he's got some traffic remedies for us.
[05:55.280 --> 05:56.520]  This is just great.
[05:56.520 --> 06:02.120]  Traffic has been something that Randy and I haven't really quite got into yet.
[06:02.120 --> 06:06.760]  Mostly we do due process, which would involve an arrest, all right, people who've had their
[06:06.760 --> 06:09.440]  liberties taken away or been arrested.
[06:09.440 --> 06:12.120]  We got that nailed down pretty well.
[06:12.120 --> 06:16.600]  We're just starting to get into traffic and commercial law and such, and Eddie, he has
[06:16.600 --> 06:17.600]  some traffic remedies.
[06:17.600 --> 06:20.600]  So thanks for joining us, Eddie.
[06:20.600 --> 06:23.440]  Thank you all for having me on.
[06:23.440 --> 06:27.560]  I'm not really certain that you can call any of what they have us on with traffic a remedy.
[06:27.560 --> 06:28.560]  Okay.
[06:28.560 --> 06:33.520]  But there are definitely some interesting points in the law that can make a difference.
[06:33.520 --> 06:35.320]  Excellent.
[06:35.320 --> 06:41.600]  Can you kind of give us an overview of what we can expect to hear?
[06:41.600 --> 06:47.440]  Well, what I would like to talk about is basically the first thing on how the codes of Texas
[06:47.440 --> 06:52.360]  have to be put together so that they can be related, and most of that comes from Chapter
[06:52.360 --> 06:54.360]  311 of the government code.
[06:54.360 --> 07:02.480]  The other thing is the key to what elements exist in a traffic crime, as they put it,
[07:02.480 --> 07:07.480]  one of which the most important is that everything that's done has to be done by a person or
[07:07.480 --> 07:10.780]  an operator or an owner.
[07:10.780 --> 07:17.120]  Another thing would be dealing with the requirements for a driver's license and registration of
[07:17.120 --> 07:18.120]  an automobile.
[07:18.120 --> 07:24.840]  Those would probably cover a good amount of time, not just by themselves.
[07:24.840 --> 07:25.840]  Okay.
[07:25.840 --> 07:33.720]  If I were going to try to get a grasp of what's going on, what are the underlying elements
[07:33.720 --> 07:40.920]  I would have to understand first before I could start piecing the statutes together on
[07:40.920 --> 07:43.400]  top of those elements?
[07:43.400 --> 07:44.840]  Okay.
[07:44.840 --> 07:48.760]  The first thing is you'll notice that if you'll check virtually any of the codes with the
[07:48.760 --> 07:54.040]  exception of the Code of Criminal Procedure and the Penal Code, all of Texas codes start
[07:54.040 --> 08:01.440]  with what's called the construction of code section, and it's got two key parts to it.
[08:01.440 --> 08:06.800]  One of the parts stipulates right up front that these codes are being revised to bring
[08:06.800 --> 08:13.760]  them up to modern language standards to make them more clear, to eliminate unconstitutional
[08:13.760 --> 08:19.040]  sections and so on and so forth, which is the way they ought to be, but they're not
[08:19.040 --> 08:20.040]  actually there.
[08:20.040 --> 08:26.000]  They're actually using that process to generalize the language enough to give it a blanket application
[08:26.000 --> 08:32.200]  despite the fact that it's not supposed to be blanket applied.
[08:32.200 --> 08:36.520]  One of those things that we have to figure out first is statutory construction, and at
[08:36.520 --> 08:40.600]  the top of almost all of these codes, if you find the construction of code section, it
[08:40.600 --> 08:45.760]  will tell you that it relies on Chapter 311 of the government code, and I'll give you
[08:45.760 --> 08:50.400]  a good example of that here.
[08:50.400 --> 08:54.400]  In the transportation code, which is what we're going to be dealing with as far as the
[08:54.400 --> 09:02.520]  format, in Section 1.002, construction of code, Chapter 311, government code, also called
[09:02.520 --> 09:06.960]  the Code Construction Act, applies to the construction of each provision in this code
[09:06.960 --> 09:11.080]  except as otherwise expressly provided by this code.
[09:11.080 --> 09:17.320]  Now, I tried to look up what expressly means, and according to the way it's been used, that
[09:17.320 --> 09:26.420]  means that the section of code has to specifically say it does not use Chapter 311 in its application.
[09:26.420 --> 09:32.560]  If it doesn't stipulate that, then it is susceptible to whatever is contained in the Code Construction
[09:32.560 --> 09:33.840]  Act.
[09:33.840 --> 09:36.640]  That's the important aspect of what's going on here.
[09:36.640 --> 09:41.960]  Now, the other thing, Randy, is something we talked about several shows ago when I brought
[09:41.960 --> 09:45.720]  up what a person is.
[09:45.720 --> 09:52.680]  The 311 of the government code is extremely specific about what applies to this, and we
[09:52.680 --> 09:54.920]  can start real quick on a couple of sections.
[09:54.920 --> 10:01.960]  In Section 311.002, application, it tells us in the Code Construction Act, this chapter
[10:01.960 --> 10:09.520]  applies to each code enacted by the 60th or a subsequent legislature, okay?
[10:09.520 --> 10:14.840]  Each amendment, repeal, revision, and reenactment of a code or code provision, each repeal of
[10:14.840 --> 10:18.280]  a statute by a code, and each rule adopted under a code.
[10:18.280 --> 10:26.000]  So, the Code Construction Act deals with everything in Texas code.
[10:26.000 --> 10:32.640]  We go a little further down, and we can see in 311.021, intention and enactment of statutes.
[10:32.640 --> 10:38.000]  In enacting a statute, it is presumed that compliance with the Constitution of this state
[10:38.000 --> 10:41.000]  and the United States is intended.
[10:41.000 --> 10:44.320]  The entire statute is intended to be effective.
[10:44.320 --> 10:49.800]  You know how most of these government officials like to excerpt small portions and twist it,
[10:49.800 --> 10:51.840]  just like most people would do to Scripture.
[10:51.840 --> 10:54.080]  It's called sharp practice.
[10:54.080 --> 10:55.080]  Yes.
[10:55.080 --> 10:59.680]  I use this one quarter of a sentence because it makes the point the way I want it understood
[10:59.680 --> 11:02.760]  rather than the way the law wants it understood.
[11:02.760 --> 11:07.240]  And then also, a just and reasonable result is intended.
[11:07.240 --> 11:09.880]  So, given those basics...
[11:09.880 --> 11:12.520]  What statute are you quoting there?
[11:12.520 --> 11:20.040]  Section 311.021, subsection 1, 2, and 3.
[11:20.040 --> 11:26.080]  And if you folks want to follow along on the Internet, these are readily available at www.texas.gov.
[11:26.080 --> 11:32.600]  Just click on the laws, codes, and statutes link, and then just expand the Texas statutes
[11:32.600 --> 11:34.400]  and look for the transportation code.
[11:34.400 --> 11:37.400]  It's divided up into sections.
[11:37.400 --> 11:43.280]  All right, now we can go down to section 026 under chapter 311.
[11:43.280 --> 11:47.720]  If a general provision conflicts with a special or local provision...
[11:47.720 --> 11:51.840]  Now, the general provision is what's here in the Code Construction Act, and the local
[11:51.840 --> 11:58.400]  provision are what's within the actual specific statute we're talking about.
[11:58.400 --> 12:03.560]  The provision shall be construed, if possible, so that effect is given to both.
[12:03.560 --> 12:09.240]  In other words, where they do not directly conflict, their meaning is to be merged to
[12:09.240 --> 12:10.960]  give them both significance.
[12:10.960 --> 12:15.760]  Randy, this goes back to when we talked about the definition under 311 for person, where
[12:15.760 --> 12:23.880]  it says a person includes, and then all the other statutes say a person means.
[12:23.880 --> 12:29.080]  If we take includes to be what it is supposed to be, meaning this is the grouping that applies,
[12:29.080 --> 12:34.520]  then when we start using means as applied under the Code Construction Act, then you
[12:34.520 --> 12:40.920]  can start extrapolating the idea that, all right, then if this means something out of
[12:40.920 --> 12:46.400]  that grouping, then whoever this individual person, association, or whatever is, should
[12:46.400 --> 12:51.360]  be having to come from one of these things within the group.
[12:51.360 --> 12:56.400]  That right there is the biggest gotcha on where they come in from when we take person
[12:56.400 --> 12:58.920]  as applying to us.
[12:58.920 --> 13:00.760]  I'll give you a good example of that here.
[13:00.760 --> 13:05.440]  Let me get down to where the section on person is, and I'll show you.
[13:05.440 --> 13:10.760]  Chapter or section 311.005, general definitions.
[13:10.760 --> 13:19.080]  In subsection two, person includes corporation, organization, government or governmental subdivision
[13:19.080 --> 13:27.840]  or agency, business trust, estate, trust, partnership, association, and any other legal
[13:27.840 --> 13:28.840]  entity.
[13:28.840 --> 13:34.600]  Now, none of those are flesh and blood people, okay?
[13:34.600 --> 13:39.120]  All of these are legal fictions created by a statute and the power granted to the state.
[13:39.120 --> 13:41.560]  Okay, wait.
[13:41.560 --> 13:44.120]  Any other legal entity?
[13:44.120 --> 13:45.120]  Correct.
[13:45.120 --> 13:47.120]  Yeah, what does that mean?
[13:47.120 --> 13:54.800]  If you look it up in Black's Law Dictionary, a legal entity is a corporate fiction.
[13:54.800 --> 14:01.000]  That right there is what I'm saying.
[14:01.000 --> 14:08.140]  This terminology does not involve a citizen, a man or woman at all, unless they are the
[14:08.140 --> 14:13.280]  individual out of that, like for instance- A straw man?
[14:13.280 --> 14:14.280]  Exactly.
[14:14.280 --> 14:16.280]  Like I was mentioning on Friday.
[14:16.280 --> 14:21.680]  If we go and we look, just to give you an overview here, there's two ways you can research
[14:21.680 --> 14:24.400]  these two particular pieces of information.
[14:24.400 --> 14:29.640]  Let's go into the search feature on the government website for the statute and put in double
[14:29.640 --> 14:36.720]  quotes person means and search on that and you will get nine hits in the transportation
[14:36.720 --> 14:37.720]  code.
[14:37.720 --> 14:43.280]  Then you switch over and you do a search on person includes and you will get three hits
[14:43.280 --> 14:45.800]  in the transportation code.
[14:45.800 --> 14:51.200]  You will find that they all basically come up to say the same thing.
[14:51.200 --> 14:57.880]  Person means is the definition used in all the nine sections and it says an individual,
[14:57.880 --> 15:03.320]  partnership, firm, corporation, association or other private entity.
[15:03.320 --> 15:14.320]  Now this one in Chapter 680, which is 661.0013, is the only one that says private entity instead
[15:14.320 --> 15:16.200]  of legal entity.
[15:16.200 --> 15:21.920]  But here, the assumption must be made that this is calling it an entity is that it is
[15:21.920 --> 15:23.520]  a private corporation.
[15:23.520 --> 15:30.580]  Once again, you're stuck with that, but in this particular case, this is dealing strictly
[15:30.580 --> 15:34.520]  with the sale of a motorcycle without serial numbers.
[15:34.520 --> 15:38.440]  That definition would not apply in general traffic.
[15:38.440 --> 15:41.880]  Okay, good.
[15:41.880 --> 15:45.760]  As we keep breaking it down to find out what is included in the term person and what the
[15:45.760 --> 15:50.800]  term person means, you will find in every instance that it is dealing strictly with
[15:50.800 --> 15:55.800]  statutory legal fiction.
[15:55.800 --> 16:02.840]  How can we base that on something that actually works for us and helps us prove it?
[16:02.840 --> 16:06.680]  Let's take a look, for instance, at the certificate of title.
[16:06.680 --> 16:12.800]  You know that you must have, in Texas, they will not register a vehicle unless you present
[16:12.800 --> 16:16.760]  them with three things, correct?
[16:16.760 --> 16:17.760]  Title insurance.
[16:17.760 --> 16:25.080]  What about a driver's license?
[16:25.080 --> 16:28.720]  You have to have a driver's license to register a vehicle?
[16:28.720 --> 16:29.720]  Yes.
[16:29.720 --> 16:30.720]  Hmm.
[16:30.720 --> 16:31.720]  That's...
[16:31.720 --> 16:36.440]  I want to know when that changed because it used to not be that way in Texas.
[16:36.440 --> 16:40.680]  You could own a vehicle without having a driver's license.
[16:40.680 --> 16:45.920]  I know for sure, as of 10 years ago, because I had a friend who didn't have a driver's
[16:45.920 --> 16:49.520]  license and he did have a title in his name, a certificate of title.
[16:49.520 --> 16:50.520]  You are correct, Deborah.
[16:50.520 --> 16:53.520]  They said something they've changed in the last couple years, just like the insurance
[16:53.520 --> 16:54.520]  law.
[16:54.520 --> 16:55.520]  Yeah, we need to go to break.
[16:55.520 --> 16:56.520]  We need to go to break.
[16:56.520 --> 16:57.520]  We'll be right back.
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[17:47.640 --> 17:57.120]  Please visit sleepwellinvestment.com or call Bill Schober at 817-975-2431.
[17:57.120 --> 18:03.880]  That's sleepwellinvestment.com or call 817-975-2431.
[18:57.120 --> 19:12.560]  Okay.
[19:12.560 --> 19:13.560]  We are back.
[19:13.560 --> 19:23.160]  The rule of law, Randy Kelton and Deborah Stevens here on ruleoflawradio.com.
[19:23.160 --> 19:27.120]  And I want to make a quick announcement before we get back into our conversation.
[19:27.120 --> 19:31.920]  We are expanding thanks to you and your donations.
[19:31.920 --> 19:34.880]  I want to thank everyone who's been making donations recently.
[19:34.880 --> 19:40.920]  It's very, very, very helpful because I've been able to complete all the upgrades to
[19:40.920 --> 19:44.720]  the equipment, everything that I'm going to do for now.
[19:44.720 --> 19:47.160]  And I'm very happy about that.
[19:47.160 --> 19:49.880]  And we are also able to take on more producers.
[19:49.880 --> 19:54.040]  I'm able to take on more producers and I'm going to be able to start putting more shows
[19:54.040 --> 19:55.040]  on the air.
[19:55.040 --> 20:02.560]  So starting next Wednesday at 6 p.m., every Wednesday from 6 to 8 p.m., we're going to
[20:02.560 --> 20:10.480]  have our newest host, John Bush from Texans for Accountable Government.
[20:10.480 --> 20:13.240]  And the name of his show is to be announced.
[20:13.240 --> 20:20.200]  So everyone tune in starting next Wednesday, April 15th, tax day for John Bush's new show.
[20:20.200 --> 20:26.720]  Of course, he put together the forum, the public hearing that was last Monday here in
[20:26.720 --> 20:29.800]  Austin for the police blood withdrawal.
[20:29.800 --> 20:30.800]  We broadcast it from there.
[20:30.800 --> 20:36.640]  So he is very well-spoken, very knowledgeable and a great activist.
[20:36.640 --> 20:37.920]  He's getting a lot of good work done.
[20:37.920 --> 20:43.640]  So we're very blessed and fortunate and happy to have him on our network now.
[20:43.640 --> 20:44.960]  Let's get back to the traffic issues.
[20:44.960 --> 20:46.440]  Okay, go ahead, Eddie.
[20:46.440 --> 20:50.960]  Yes, so we were talking about the fact that you're having to have a driver's license to
[20:50.960 --> 20:58.360]  register title, to register certificate of title to the vehicle now.
[20:58.360 --> 21:00.920]  And you were agreeing with me that this is a new requirement.
[21:00.920 --> 21:06.640]  Yes, it is relatively new but it's also one of the things where they require you to have
[21:06.640 --> 21:08.800]  insurance just to register one.
[21:08.800 --> 21:13.600]  Say you've got a collectible car that you don't even drive, you just keep it shelled
[21:13.600 --> 21:17.560]  but you want to keep it current just in case you want to use it in a parade or something
[21:17.560 --> 21:19.160]  like that.
[21:19.160 --> 21:23.760]  You can't register it in your name unless you go and get a certificate of title or insurance
[21:23.760 --> 21:25.920]  and stuff like that on it.
[21:25.920 --> 21:28.280]  But they want to see a driver's license now to do it.
[21:28.280 --> 21:32.560]  Plus, they also are demanding a social security number which, of course, is a violation of
[21:32.560 --> 21:34.160]  federal law.
[21:34.160 --> 21:36.420]  But that's a whole other issue.
[21:36.420 --> 21:40.680]  But one of the things that makes it interesting is, is without that certificate of title,
[21:40.680 --> 21:43.800]  you cannot register that vehicle in Texas.
[21:43.800 --> 21:47.040]  So you've got two questions to ask yourself here.
[21:47.040 --> 21:49.520]  One, what is a motor vehicle?
[21:49.520 --> 21:51.720]  And two, does it apply to me?
[21:51.720 --> 21:57.720]  Well, the certificate of title is an interesting animal.
[21:57.720 --> 22:04.480]  It gives all kinds of description of it in section 502 of the transportation code.
[22:04.480 --> 22:11.920]  It tells you in 502.152, certificate of title required for registration.
[22:11.920 --> 22:17.520]  So if we find out what a certificate of title is and we go look it up, it tells us in section
[22:17.520 --> 22:26.320]  501.004, applicability for a certificate of title and it says in subsection A, this chapter
[22:26.320 --> 22:33.200]  applies to a motor vehicle owned by the state or political subdivision of the state.
[22:33.200 --> 22:34.200]  And that's all.
[22:34.200 --> 22:36.160]  Could you give that number again?
[22:36.160 --> 22:45.800]  Five, section 501.004A as in alpha, and it specifically states this chapter applies to
[22:45.800 --> 22:51.000]  a motor vehicle owned by the state or political subdivision of the state.
[22:51.000 --> 22:56.440]  These are the only vehicles required by law to have a certificate of title.
[22:56.440 --> 23:00.880]  If you've ever gone down and registered your vehicle, look at the bottom of that little
[23:00.880 --> 23:02.320]  slip.
[23:02.320 --> 23:12.400]  Right across the bottom it says, must be kept in all commercial vehicles.
[23:12.400 --> 23:16.200]  But why doesn't it say in all vehicles if it actually applies to all vehicles?
[23:16.200 --> 23:23.200]  See, we're never kind of going with that without actually knowing they're telling you anything.
[23:23.200 --> 23:29.540]  Now, if you are not required to have a certificate of title, logic follows that you can't be
[23:29.540 --> 23:34.720]  required to register because one cannot be done without the other.
[23:34.720 --> 23:41.800]  That would just have to be a logical assessment.
[23:41.800 --> 23:50.400]  But if we go now, we can actually go further upon that by figuring out, do we even have
[23:50.400 --> 23:52.200]  to have a license to do this stuff?
[23:52.200 --> 24:02.880]  Now, the license actually turned out to be extremely easy to figure out because the statutes
[24:02.880 --> 24:08.000]  all reference you right back to the same section of code when it's talking about a driver's
[24:08.000 --> 24:09.000]  license.
[24:09.000 --> 24:22.000]  Let's see, a good example would be, let's see, in section 521.001 you have the definition
[24:22.000 --> 24:29.200]  inside the transportation code, and this is dealing with subtitle B, driver's licenses
[24:29.200 --> 24:34.840]  and personal identification cards, and then in fact chapter 521 is specifically driver's
[24:34.840 --> 24:45.120]  licenses and certificates, 521.001 subsection A, item three, driver's license means an authorization
[24:45.120 --> 24:48.720]  issued by the department for the operation of a motor vehicle.
[24:48.720 --> 24:56.640]  The term includes a temporary license or instruction permit and an occupational license.
[24:56.640 --> 25:01.600]  With that and there, the presumption has to be the temporary license or instruction permit
[25:01.600 --> 25:04.360]  is for the occupational license.
[25:04.360 --> 25:08.720]  Does that sound logical?
[25:08.720 --> 25:14.920]  That seems to be specific and therefore exclusive.
[25:14.920 --> 25:16.520]  Exactly.
[25:16.520 --> 25:19.240]  So what is an occupational license?
[25:19.240 --> 25:24.600]  Believe it or not, the definition for occupational license is only one code in all of Texas and
[25:24.600 --> 25:29.920]  it is the business and commerce code.
[25:29.920 --> 25:34.000]  And I'll read that part over to you here in a moment, but let's go a little further down
[25:34.000 --> 25:39.320]  in that same section under 521.001 to item A6.
[25:39.320 --> 25:44.300]  License means an authorization to operate a motor vehicle that is issued under or granted
[25:44.300 --> 25:50.360]  by the laws of this state, the term includes a driver's license, the privilege of a person
[25:50.360 --> 25:55.800]  to operate a motor vehicle regardless of whether the person holds a driver's license, and a
[25:55.800 --> 25:58.440]  non-resident operating privilege.
[25:58.440 --> 26:05.520]  Now you'll notice that in every case they're using very specific pointed words dealing
[26:05.520 --> 26:13.800]  with who, what, and where, but under license it tells you that you have to refer back up
[26:13.800 --> 26:16.640]  to this definition of driver's license here.
[26:16.640 --> 26:22.680]  So 521 deals strictly with an occupational license or a temporary license, that's an
[26:22.680 --> 26:27.400]  occupational license, or an instruction permit for an occupational license.
[26:27.400 --> 26:36.760]  Now if we go down a little further to 522.003, this is where we have the definition for a
[26:36.760 --> 26:39.680]  commercial driver's license.
[26:39.680 --> 26:44.320]  Commercial driver's license means a license issued to an individual that authorizes the
[26:44.320 --> 26:47.560]  individual to drive a class of commercial motor vehicle.
[26:47.560 --> 26:52.840]  Now you'll notice in Texas there's two definitions, there's motor vehicle and there is commercial
[26:52.840 --> 26:54.440]  motor vehicle.
[26:54.440 --> 27:00.400]  The commercial motor vehicle specifically uses the terms motor carrier, common carrier,
[27:00.400 --> 27:05.360]  so on and so forth, where the term for motor vehicle simply stipulates that it is any vehicle
[27:05.360 --> 27:10.120]  that is self-propelled for travel upon the highway and capable of carrying passengers
[27:10.120 --> 27:11.120]  and goods.
[27:11.120 --> 27:21.720]  But a key word in that definition is always transport, and transport is derived from transportation.
[27:21.720 --> 27:26.040]  So if you actually look up what the definition of transportation is, it would kind of surprise
[27:26.040 --> 27:33.280]  you because it deals strictly with commercial activities and common carriers.
[27:33.280 --> 27:40.880]  Since the Texas law says that judges may give notice to the titles and construction of codes
[27:40.880 --> 27:46.600]  and the titles in the section to determine its application, that would make the transportation
[27:46.600 --> 27:52.520]  code sort of self-explanatory, wouldn't it?
[27:52.520 --> 27:53.520]  Judges may give notice?
[27:53.520 --> 28:04.080]  Well, when I say give notice, they may use that to form an opinion as to the proper application.
[28:04.080 --> 28:05.080]  Take notice.
[28:05.080 --> 28:08.640]  Take notice, yes, sorry.
[28:08.640 --> 28:14.840]  But when you actually look at it, I mean, it's very clear what it applies to here.
[28:14.840 --> 28:25.320]  And if we go a little further down in Section 522.003, Subsection 4, commercial driver learner's
[28:25.320 --> 28:31.520]  permit means a commercial driver's license that restricts the holder to driving a commercial
[28:31.520 --> 28:33.840]  motor vehicle.
[28:33.840 --> 28:38.920]  Drive means to operate or be in physical control of a motor vehicle.
[28:38.920 --> 28:44.040]  Driver's license has the meaning assigned by Section 521.001.
[28:44.040 --> 28:47.120]  We're right back to occupational license.
[28:47.120 --> 28:53.600]  Now, here is the first encounter with the definition of motor vehicle.
[28:53.600 --> 28:59.160]  Motor vehicle means a vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn
[28:59.160 --> 29:02.360]  by mechanical power and used on a highway.
[29:02.360 --> 29:06.600]  The term does not include a vehicle, machine, tractor, trailer, or semi-trailer operate
[29:06.600 --> 29:08.800]  exclusively on a rail.
[29:08.800 --> 29:14.400]  Now, this particular motor vehicle definition is applicable strictly to the commercial motor
[29:14.400 --> 29:15.400]  vehicle.
[29:15.400 --> 29:19.760]  It's not directly related to the motor vehicle the way it's used in other sections of the
[29:19.760 --> 29:22.760]  code.
[29:22.760 --> 29:26.120]  All right.
[29:26.120 --> 29:33.240]  Now, we'll also find that there are exactly seven instances in which the term driver's
[29:33.240 --> 29:39.480]  license is included as a definition in any of the sections of the entire set of codes
[29:39.480 --> 29:42.760]  in the state of Texas.
[29:42.760 --> 29:49.560]  Driver's license means can be found exactly seven times and each and every one of those
[29:49.560 --> 29:54.680]  times refers you right back to the definition of occupational license in 521.001.
[29:54.680 --> 29:55.680]  Okay.
[29:55.680 --> 29:58.680]  We're going to work.
[29:58.680 --> 30:03.440]  Gold prices are at historic highs and with the recent pullback, this is a great time
[30:03.440 --> 30:04.440]  to buy.
[30:04.440 --> 30:08.160]  With the value of the dollar, risks of inflation, geopolitical uncertainties, and instability
[30:08.160 --> 30:11.680]  in rural financial systems, I see gold going up much higher.
[30:11.680 --> 30:15.000]  Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
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[31:52.440 --> 32:22.160]  The rule of law, Randy Kelton and Deborah Stevens here on RuleOfLawRadio.com.
[32:22.160 --> 32:29.080]  Eddie, I just want to tell you, this is very impressive research that you've done here.
[32:29.080 --> 32:33.600]  This is just wonderful, wonderful stuff, very, very informative.
[32:33.600 --> 32:37.520]  Everything really makes sense, so we're really happy to have you as our guest tonight to
[32:37.520 --> 32:40.800]  present all this information.
[32:40.800 --> 32:45.680]  I just want to make an announcement, callers, if you could just hold off for a little while.
[32:45.680 --> 32:51.580]  We're going to finish out this hour with Eddie presenting his material, and we'll start taking
[32:51.580 --> 32:52.960]  calls next hour.
[32:52.960 --> 32:56.160]  And henceforth, I will be an expert on tickets.
[32:56.160 --> 33:01.840]  If anyone asks me about tickets, I will say, talk to Eddie.
[33:01.840 --> 33:02.840]  Yes, indeed.
[33:02.840 --> 33:04.840]  Okay, Eddie, please continue.
[33:04.840 --> 33:05.840]  Eddie?
[33:05.840 --> 33:10.720]  Did we lose Eddie?
[33:10.720 --> 33:12.720]  I still show him on the board.
[33:12.720 --> 33:18.080]  Okay, I wonder what happened.
[33:18.080 --> 33:19.840]  I see him twice on the board.
[33:19.840 --> 33:23.920]  Oh, okay, will you, Randy, will you bring up the second Eddie?
[33:23.920 --> 33:27.680]  He probably hung up, had to, he probably got disconnected and then called back in.
[33:27.680 --> 33:28.680]  Okay.
[33:28.680 --> 33:29.680]  Punch him back in.
[33:29.680 --> 33:30.680]  I got three.
[33:30.680 --> 33:31.680]  You got three?
[33:31.680 --> 33:32.680]  Yeah.
[33:32.680 --> 33:33.680]  Okay, they're all gone live.
[33:33.680 --> 33:34.680]  One of them should work.
[33:34.680 --> 33:35.680]  Eddie, you there?
[33:35.680 --> 33:36.680]  Yeah, I'm here.
[33:36.680 --> 33:41.680]  He keeps cutting me off and going to a busy signal.
[33:41.680 --> 33:42.680]  Oh, good.
[33:42.680 --> 33:46.280]  I got three Eddies on the screen, and all of them can talk.
[33:46.280 --> 33:49.480]  Okay, yeah, Eddie, please continue.
[33:49.480 --> 33:50.480]  Thanks for calling back in.
[33:50.480 --> 33:51.480]  All right.
[33:51.480 --> 33:56.520]  Now, what I was saying a moment ago about where the definition of occupational license
[33:56.520 --> 34:00.720]  exists, I misspoke, there's actually three.
[34:00.720 --> 34:02.840]  The first one is in government code.
[34:02.840 --> 34:09.600]  It is section 2054.251, subsection five.
[34:09.600 --> 34:16.320]  Occupational license means a license, certificate, registration, permit, or other form of authorization,
[34:16.320 --> 34:22.000]  including a renewal of the authorization that a person must obtain to practice or engage
[34:22.000 --> 34:26.640]  in a particular business, occupation, or profession.
[34:26.640 --> 34:35.720]  Now, we go down to the human resources code, section 91.051, subsection 10.
[34:35.720 --> 34:40.080]  Occupational license means a license, permit, or other written authorization required by
[34:40.080 --> 34:46.760]  a governmental unit as a condition for engaging in an occupation.
[34:46.760 --> 34:51.520]  Occupations code, 58.001, item seven.
[34:51.520 --> 34:57.160]  Occupational license means a license, certificate, registration, permit, or other form of authorization
[34:57.160 --> 35:02.760]  required by law or rule that must be obtained by an individual to engage in a particular
[35:02.760 --> 35:05.280]  business or occupation.
[35:05.280 --> 35:10.880]  So in all the instances in which an occupational license is defined, it is all related to commercial
[35:10.880 --> 35:11.880]  activity.
[35:11.880 --> 35:18.360]  It has nothing to do with the actual traveling in the automobile unless you are using that
[35:18.360 --> 35:21.800]  as a vehicle to conduct business upon the road.
[35:21.800 --> 35:22.800]  Wait a minute.
[35:22.800 --> 35:29.880]  Even then, I didn't hear anything that addressed operating a motor vehicle.
[35:29.880 --> 35:32.760]  That's correct.
[35:32.760 --> 35:37.580]  When you get right down to it, there are only certain types of vehicles that could logically
[35:37.580 --> 35:39.560]  be placed within their definition.
[35:39.560 --> 35:46.360]  I mean, I found a Texas court case, and I'd have to look it up here and see if I can find
[35:46.360 --> 35:51.420]  it again, but it specifically states that whether or not an automobile is a motor vehicle
[35:51.420 --> 35:59.400]  is a question for the jury, and it is determined based upon its use.
[35:59.400 --> 36:04.600]  So a motor vehicle is something that is being used to take it away.
[36:04.600 --> 36:05.600]  That was a case?
[36:05.600 --> 36:06.600]  Yeah.
[36:06.600 --> 36:09.440]  It's actually started from a court case that I found.
[36:09.440 --> 36:14.760]  It's a very old one here in Texas, but there are actually several in Texas that deal with
[36:14.760 --> 36:15.760]  this subject.
[36:15.760 --> 36:16.760]  Do you have a...
[36:16.760 --> 36:24.840]  As a matter of fact, I have the original inception of the 1941 Texas Legislature Drivers License
[36:24.840 --> 36:29.880]  Act, and it would astound you what it contains.
[36:29.880 --> 36:34.080]  It tells you very specifically in the beginning of that act that this is an act providing
[36:34.080 --> 36:38.480]  for licensing of operators, commercial operators, and chauffeurs.
[36:38.480 --> 36:45.200]  Now, those are the people that would be operating some sort of motor vehicle upon the road,
[36:45.200 --> 36:52.080]  and all of them are someone being paid to do it, because your operator and your commercial
[36:52.080 --> 36:57.080]  operator and your chauffeur are all someone that are being paid to do what they do.
[36:57.080 --> 36:58.080]  Yeah.
[36:58.080 --> 37:00.080]  Extraordinary use.
[37:00.080 --> 37:01.480]  Exactly.
[37:01.480 --> 37:11.000]  Now, if we go a little further down, let me find the other section we have here.
[37:11.000 --> 37:16.580]  No matter how you slice the occupational license and the commercial driver's license issued,
[37:16.580 --> 37:19.040]  it has to do with commerce upon the roads.
[37:19.040 --> 37:24.360]  It has nothing to do with the actual act of traveling in a car.
[37:24.360 --> 37:28.000]  That's the way I've always understood it, but you're really laying it out in black and
[37:28.000 --> 37:31.360]  white in law, in black letter law here.
[37:31.360 --> 37:32.360]  Exactly.
[37:32.360 --> 37:36.320]  The problem is getting them to allow you to admit it in a courtroom, which they do everything
[37:36.320 --> 37:37.320]  they can to prevent.
[37:37.320 --> 37:38.320]  Yeah, I bet.
[37:38.320 --> 37:42.240]  That's what I have tactics for.
[37:42.240 --> 37:44.440]  Exactly.
[37:44.440 --> 37:49.320]  But when you get right down to it, since a certificate of title does not apply to a private
[37:49.320 --> 37:53.360]  automobile, then you don't have to register the car.
[37:53.360 --> 37:56.040]  I've got more in-depth research to do on the registration.
[37:56.040 --> 38:02.640]  I've got several things going forward on that right now that I'm documenting.
[38:02.640 --> 38:09.060]  I'll have the registration part of it more fine-tuned here real soon.
[38:09.060 --> 38:13.320]  There's all kinds of things in all the various codes that give you all the hints and clues
[38:13.320 --> 38:16.720]  you need to prove that it's strictly a commercial activity.
[38:16.720 --> 38:20.080]  For instance, here in Texas, we have our motor fuels tax.
[38:20.080 --> 38:25.040]  Do you know, Randy, there's a specific section in that that tells you that if you are not
[38:25.040 --> 38:30.200]  buying fuel for the purpose of operating a motor vehicle for commercial purposes, you
[38:30.200 --> 38:33.520]  are entitled to a complete and total refund of that motor fuels tax.
[38:33.520 --> 38:34.520]  All right.
[38:34.520 --> 38:35.520]  Wow.
[38:35.520 --> 38:40.760]  But the moment you file it, the comptroller tries to deny it, even though there's nothing
[38:40.760 --> 38:44.200]  in the statute that allows them to deny it, they don't want to refund that money.
[38:44.200 --> 38:45.200]  Good.
[38:45.200 --> 38:48.200]  Then I get to sue the comptroller.
[38:48.200 --> 38:49.200]  Exactly.
[38:49.200 --> 38:58.360]  It tells you, let's see, now here's something interesting out of the chapter 153 motor fuels
[38:58.360 --> 38:59.360]  taxes.
[38:59.360 --> 39:06.400]  Under 153.001, it gives definitions, and this is the definition of a passenger car.
[39:06.400 --> 39:12.520]  Passenger car means a motor vehicle designed for carrying 10 or fewer passengers and used
[39:12.520 --> 39:14.880]  for the transportation of persons.
[39:14.880 --> 39:17.720]  Now, you've got two key words here.
[39:17.720 --> 39:23.400]  What's a passenger in law and what is transportation in law?
[39:23.400 --> 39:28.080]  And like I said, we've already covered transportation deals with common carriers.
[39:28.080 --> 39:35.720]  So this in particular could deal with limousines, shuttle buses, taxi cabs, basically anything
[39:35.720 --> 39:41.760]  for which a fare is charged to transport someone from point A to point B. Now, passenger in
[39:41.760 --> 39:48.240]  law, according to the courts, has always been defined as someone that's paying for the transportation.
[39:48.240 --> 39:51.000]  So again, we're talking commerce here.
[39:51.000 --> 39:52.000]  Exactly.
[39:52.000 --> 39:55.960]  You're riding in the backseat of the taxi cab, you're a passenger, and he is operating
[39:55.960 --> 40:00.200]  a passenger vehicle because he is charging a fee for you to be in it.
[40:00.200 --> 40:08.240]  See how they try to use common terms that mean one thing in our normal, everyday speech,
[40:08.240 --> 40:11.320]  but then it means something different in law.
[40:11.320 --> 40:19.120]  And they do that on purpose to try to confuse people and pull the wool over our eyes to
[40:19.120 --> 40:25.480]  really try to fool us into thinking that we have to have driver's licenses and pay all
[40:25.480 --> 40:27.240]  these taxes and stuff.
[40:27.240 --> 40:29.200]  That's exactly what it is.
[40:29.200 --> 40:32.240]  It comes back down to the simple rule of follow the money.
[40:32.240 --> 40:33.240]  Exactly.
[40:33.240 --> 40:34.240]  Goes to fraud.
[40:34.240 --> 40:36.000]  That's exactly what it goes to.
[40:36.000 --> 40:42.600]  What do we call someone who is riding in a private conveyance, not the operator?
[40:42.600 --> 40:43.600]  Yeah, really.
[40:43.600 --> 40:48.640]  Well, they can be a guest, they can be an occupant, they can be a traveler if they're
[40:48.640 --> 40:51.480]  the one actually in control of it.
[40:51.480 --> 40:52.640]  There's all kinds of terms.
[40:52.640 --> 40:59.280]  Now, typically speaking, drive has a particular legal connotation in the old cases, back when
[40:59.280 --> 41:01.840]  driver's licenses were first brought up.
[41:01.840 --> 41:06.640]  The driver was the one that actually controlled the vehicle while it was being driven for
[41:06.640 --> 41:08.920]  commercial purposes.
[41:08.920 --> 41:13.200]  The chauffeur is a driver, and so on and so forth.
[41:13.200 --> 41:16.840]  Now, I've got numerous court cases, which I'm sure most people have found on the Internet
[41:16.840 --> 41:17.840]  in several places.
[41:17.840 --> 41:20.200]  Yeah, as opposed to an operator.
[41:20.200 --> 41:21.200]  Correct.
[41:21.200 --> 41:23.000]  Now, here's the key to operator, Randy.
[41:23.000 --> 41:26.280]  The operator can actually be two different things.
[41:26.280 --> 41:32.040]  An operator can be the person that actually owns the business to which the vehicles belong,
[41:32.040 --> 41:36.360]  such as a fleet carrier or a large taxi service.
[41:36.360 --> 41:41.200]  They have a license to operate that commercial business.
[41:41.200 --> 41:47.040]  Then you also have the possibility that the operator and the driver are the same person,
[41:47.040 --> 41:51.560]  but not necessarily.
[41:51.560 --> 42:00.720]  That's clear, and we hear the term often used with a transportation company as the owner
[42:00.720 --> 42:02.200]  being the operator.
[42:02.200 --> 42:03.200]  Exactly.
[42:03.200 --> 42:08.520]  Now, I'm going to show you exactly what the courts do, Deborah, to muddy up the issue,
[42:08.520 --> 42:10.720]  just like you were talking about.
[42:10.720 --> 42:16.680]  It is really astounding the length they will go to to make this happen the way they want
[42:16.680 --> 42:17.680]  it to happen.
[42:17.680 --> 42:25.800]  Now, this is from the 11th Court of Appeals in Eastland, Texas, and you can find it.
[42:25.800 --> 42:39.800]  The number on it is 11-04-00278-CR, and it's an appeal from Taylor County.
[42:39.800 --> 42:46.560]  If you go and you actually look at this case, you will see that even though it was briefed
[42:46.560 --> 42:53.120]  from a right-to-travel perspective, the court altered the terms to the commercial terms
[42:53.120 --> 42:59.960]  in order to confuse the issue and rule against the person.
[42:59.960 --> 43:04.920]  Basically where the person argued that he was operating a private conveyance, they took
[43:04.920 --> 43:09.960]  private conveyance and restated it as a motor vehicle.
[43:09.960 --> 43:16.480]  They went so far as when he argued that he was traveling in his private conveyance, they
[43:16.480 --> 43:21.760]  changed the terminology to operating a motor vehicle or driving a motor vehicle.
[43:21.760 --> 43:28.160]  Now, see, what they state here with the terms they're using is correct, that driving or
[43:28.160 --> 43:35.560]  operating a motor vehicle is a privilege, but traveling upon the roads is an absolute
[43:35.560 --> 43:36.560]  right.
[43:36.560 --> 43:37.560]  Absolutely.
[43:37.560 --> 43:42.440]  The roads, the government is assigned as our caretaker of our property.
[43:42.440 --> 43:45.680]  The roads actually belong to us, not to them.
[43:45.680 --> 43:47.440]  Yeah, no kidding.
[43:47.440 --> 43:49.600]  We don't need a license to drive on our own roads.
[43:49.600 --> 43:51.440]  All right, listen, Eddie, we're going to break.
[43:51.440 --> 43:52.440]  We'll be right back.
[43:52.440 --> 43:59.680]  This is a rule of law.
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[44:13.400 --> 44:19.040]  As investors scramble for safety in the metals in the face of a further devaluation of the
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[45:05.800 --> 45:12.000]  Call Maximus Holdings at 407-608-5430 for more information.
[45:36.400 --> 45:39.240]  Okay, watching the sparks fly, indeed.
[45:39.240 --> 45:44.920]  Eddie, again, very, very impressive research here.
[45:44.920 --> 45:51.520]  Eddie was telling us on the break that he's been studying traffic code and dissecting
[45:51.520 --> 45:56.040]  all of this and piecing it all together since, what'd you say, 1998?
[45:56.040 --> 45:57.040]  Yes.
[45:57.040 --> 45:58.040]  Wow, amazing.
[45:58.040 --> 46:00.800]  Eleven years of research into this.
[46:00.800 --> 46:01.800]  Incredible.
[46:01.800 --> 46:07.120]  Yeah, and they really go to such lengths, even in the courts, to try to pull the wool
[46:07.120 --> 46:12.800]  over our eyes and make us think that traveling is a privilege, not a right, and that we have
[46:12.800 --> 46:18.280]  to ask for permission and get licenses, and the roads belong to us.
[46:18.280 --> 46:19.520]  We don't need their permission to travel.
[46:19.520 --> 46:21.800]  We don't need a license to travel.
[46:21.800 --> 46:27.800]  I'm developing, working with Tony Davis and some others, techniques for dealing with the
[46:27.800 --> 46:28.800]  judges.
[46:28.800 --> 46:36.560]  And in this particular instance, when I was listening to you tell that, had the guy took
[46:36.560 --> 46:44.720]  judicial notice of the statutes and the facts applying to the statutes, the appeals court
[46:44.720 --> 46:46.800]  would have had a real problem.
[46:46.800 --> 46:47.800]  Yeah, really.
[46:47.800 --> 46:48.800]  Agreed.
[46:48.800 --> 46:51.800]  And these are the things we'll start working up.
[46:51.800 --> 46:53.800]  This is going to be a hoot.
[46:53.800 --> 47:01.040]  Yeah, because we've been really wanting to find a way to adjudicate this right to travel
[47:01.040 --> 47:05.280]  issue, because there's a lot of people that are insisting on it.
[47:05.280 --> 47:09.320]  There's a lot of people who just will not get driver's licenses, will not get license
[47:09.320 --> 47:15.400]  plates and stuff like that, because they've chosen that battle, and I have a lot of respect
[47:15.400 --> 47:16.400]  for it.
[47:16.400 --> 47:21.360]  It's a hard battle, because you get pulled over for not having a license plate, and then
[47:21.360 --> 47:26.720]  you get Class B misdemeanor tickets for having no license or suspended license or whatever,
[47:26.720 --> 47:32.360]  and then I know people who have gone and beat all of that in court, but then two weeks later
[47:32.360 --> 47:36.720]  they get pulled over again, and the fight starts all over again, and it just keeps on
[47:36.720 --> 47:41.040]  and keeps on and keeps on, and we're trying to figure out a way that we could file for
[47:41.040 --> 47:47.360]  restraining orders against the police department from pulling, like say an individual has had
[47:47.360 --> 47:52.600]  a case like this, you know, of no license plate and right to travel, and say he's won
[47:52.600 --> 47:57.680]  several times, we want to be able to start filing restraining orders against the police
[47:57.680 --> 48:04.640]  department, preventing them from pulling people like that over anymore, strictly for not having
[48:04.640 --> 48:08.480]  a license plate, since they've already won and beat that issue so many times, so they
[48:08.480 --> 48:09.480]  stop getting harassed.
[48:09.480 --> 48:12.880]  Well, that's where Randy's method comes in so handy.
[48:12.880 --> 48:16.560]  You can make them self-regulating in that regard when they're sitting out there picking
[48:16.560 --> 48:18.720]  their teeth with what's left of their rent money.
[48:18.720 --> 48:19.720]  Exactly.
[48:19.720 --> 48:26.720]  If we get the police to where they're thinking that these guys are just looking for a way
[48:26.720 --> 48:32.680]  to come after me, they're just looking for a shot at me personally, that's when things
[48:32.680 --> 48:35.200]  are changed.
[48:35.200 --> 48:42.880]  I have literally had, I have a 1991 Ford Crown Victoria that I bought off a gentleman in
[48:42.880 --> 48:43.880]  Houston.
[48:43.880 --> 48:49.320]  The day I bought it, I removed every state marking off of it, took the plates off, took
[48:49.320 --> 48:53.000]  the inspection sticker off, registration, the whole nine yards.
[48:53.000 --> 48:58.640]  I fashioned a set of license plates with purple lettering that says private vehicle.
[48:58.640 --> 49:02.320]  That's what's on my car.
[49:02.320 --> 49:05.320]  And from that point on, that's how I've traveled around in it.
[49:05.320 --> 49:07.280]  Do you get pulled over a lot, Eddie?
[49:07.280 --> 49:08.280]  I'm sorry?
[49:08.280 --> 49:09.760]  Do you get pulled over a lot?
[49:09.760 --> 49:15.160]  Initially, I went a year and a half with cops following me all over the town and doing nothing.
[49:15.160 --> 49:19.560]  They would follow me and they'd follow me for blocks and then suddenly go a different
[49:19.560 --> 49:20.560]  direction.
[49:20.560 --> 49:24.240]  I had state troopers fly by me, turn around and start chasing me.
[49:24.240 --> 49:28.080]  When they get right up behind me, suddenly they'll just back off and turn around and
[49:28.080 --> 49:30.040]  go the other way.
[49:30.040 --> 49:37.400]  But here recently, I've had four different altercations with the police in that area.
[49:37.400 --> 49:40.520]  Here in Nacogdoches, they're a tad bit more on the subtle side.
[49:40.520 --> 49:44.600]  They just tend to write you the tickets instead of arrest you, whereas in Lufkin, Randy, we've
[49:44.600 --> 49:48.800]  talked about where that unlawful arrest and aggravated assault and everything came from
[49:48.800 --> 49:50.120]  there.
[49:50.120 --> 49:53.840]  Because they're the ones that took me straight to the county who's gal and held me for eight
[49:53.840 --> 50:01.480]  hours unless I paid them $500 a pop for all the charges they were trying to make up.
[50:01.480 --> 50:05.560]  And I know that's beatable simply because the entire reason, and I have him on tape
[50:05.560 --> 50:11.080]  saying this, that the officer pulled me over was that I was speeding, which of course I
[50:11.080 --> 50:14.320]  immediately said, officer, there's no possible way I can be speeding.
[50:14.320 --> 50:17.400]  And he's going, well, I clocked you due in 72.
[50:17.400 --> 50:22.160]  I said, irregardless of the speed and velocity at which I was traveling, I cannot possibly
[50:22.160 --> 50:24.920]  be speeding.
[50:24.920 --> 50:30.320]  And it's just one of those things where they look at you like you got three heads.
[50:30.320 --> 50:34.080]  So when you point out to them that, hey, when that speed sign says it is there to regulate
[50:34.080 --> 50:39.840]  a specific type of motor vehicle, if you don't see me in one of those motor vehicles, then
[50:39.840 --> 50:43.160]  you are going to have a serious problem proving this in court, and you're going to leave me
[50:43.160 --> 50:47.840]  an opening to come after you for malicious prosecution.
[50:47.840 --> 50:51.120]  And we need to start doing that as a matter of course.
[50:51.120 --> 50:52.120]  Correct.
[50:52.120 --> 50:56.120]  I would totally agree with that.
[50:56.120 --> 51:01.160]  I put together about 700 mailings today to every person that's been arrested in Travis
[51:01.160 --> 51:02.160]  County.
[51:02.160 --> 51:06.360]  I hope to have them stuffed in mail tomorrow.
[51:06.360 --> 51:08.360]  We're going to get this thing started.
[51:08.360 --> 51:09.360]  Okay.
[51:09.360 --> 51:15.800]  And then the next place to go is the traffic courts with the same thing.
[51:15.800 --> 51:19.120]  We will adjust their attitudes for you.
[51:19.120 --> 51:24.040]  Yeah, we may actually get this right to travel issue adjudicated a lot sooner than we thought.
[51:24.040 --> 51:27.760]  Because of your research, Eddie, this is just wonderful.
[51:27.760 --> 51:32.920]  Well, there is a particular way, I think, Randy, that we could actually go to that.
[51:32.920 --> 51:39.240]  And we know how the courts love to say that the constitutionality of a statute cannot
[51:39.240 --> 51:49.480]  be challenged unless you can show that it can be used in no manner that is not constitutional.
[51:49.480 --> 51:53.880]  Basically speaking, unless you can come up with a 100% concrete method where this law
[51:53.880 --> 52:00.160]  can no way ever be constitutional, we're not going to declare it unconstitutional.
[52:00.160 --> 52:03.720]  Our key to this is that straw man person we're talking about.
[52:03.720 --> 52:04.720]  Yes.
[52:04.720 --> 52:10.000]  Because if you go strictly by the law, the definition of person in all of these statutes
[52:10.000 --> 52:11.000]  is not us.
[52:11.000 --> 52:13.720]  It can't possibly be us.
[52:13.720 --> 52:14.720]  No way.
[52:14.720 --> 52:18.120]  It has to be a commercial entity by very definition.
[52:18.120 --> 52:19.120]  Exactly.
[52:19.120 --> 52:24.760]  So instead of going at the constitutionality of the statute itself, let's try going after
[52:24.760 --> 52:28.360]  the constitutionality of its enforcement and application.
[52:28.360 --> 52:29.360]  Yes.
[52:29.360 --> 52:36.640]  See, the more I learn about the commercial law, it's really becoming very clear that
[52:36.640 --> 52:44.200]  they're always going after our straw man and trying to pull the wool over our eyes to try
[52:44.200 --> 52:49.480]  to convince us or fool us into thinking that we are our straw man.
[52:49.480 --> 52:50.480]  Right.
[52:50.480 --> 52:51.480]  And we're not.
[52:51.480 --> 52:53.400]  We're back to the follow the money thing.
[52:53.400 --> 52:57.960]  The more people they can induct into the system with that belief, the more money they can
[52:57.960 --> 53:04.080]  draw from them in fees and fines and other types of collection action, which comes, as
[53:04.080 --> 53:08.560]  Randy says, to fraud, unjust taxation and so on and so forth.
[53:08.560 --> 53:09.560]  We have a caller.
[53:09.560 --> 53:11.200]  Yeah, we got Harmon Taylor on the line here.
[53:11.200 --> 53:12.560]  We got Harmon Taylor on the line.
[53:12.560 --> 53:15.560]  I was very much to hear Harmon Taylor.
[53:15.560 --> 53:18.560]  Let's hear Harmon Taylor's take on this.
[53:18.560 --> 53:20.560]  Hey, Harmon, thanks for calling in.
[53:20.560 --> 53:22.560]  Well, you're just welcome.
[53:22.560 --> 53:24.560]  I appreciate y'all doing the show.
[53:24.560 --> 53:26.560]  Oh, we appreciate you calling in.
[53:26.560 --> 53:28.560]  So what do you got for us?
[53:28.560 --> 53:31.560]  Well, the first two concepts, I just got in on it.
[53:31.560 --> 53:35.560]  Chris just called and said, they're talking about your topic.
[53:35.560 --> 53:36.560]  Why don't you give them a call?
[53:36.560 --> 53:37.560]  So I did.
[53:37.560 --> 53:38.560]  Oh, great.
[53:38.560 --> 53:40.560]  Yeah, let's talk about straw man for a little while.
[53:40.560 --> 53:45.560]  There's a massive misunderstanding about that concept.
[53:45.560 --> 53:50.560]  In fact, we just talked about it last night on a different program that's hosted out of
[53:50.560 --> 53:51.560]  Florida.
[53:51.560 --> 53:52.560]  Wait, wait, wait, Harmon.
[53:52.560 --> 53:53.560]  Yeah?
[53:53.560 --> 53:55.560]  We didn't adequately introduce you.
[53:55.560 --> 53:58.560]  Well, go ahead and adequately introduce me then.
[53:58.560 --> 54:05.560]  For those who don't know who Harmon Taylor is, Harmon Taylor may be the most complex
[54:05.560 --> 54:08.560]  legal mind I have ever encountered.
[54:08.560 --> 54:13.560]  Well, yeah, and Harmon, please explain also your work on the Oklahoma City bombing case
[54:13.560 --> 54:14.560]  as well.
[54:14.560 --> 54:16.560]  Well, we don't get too far away from the subject.
[54:16.560 --> 54:20.560]  Yeah, but just briefly so that people will understand who you are.
[54:20.560 --> 54:21.560]  Very good.
[54:21.560 --> 54:29.560]  Yes, the case there got my attention when they transferred it across the state lines.
[54:29.560 --> 54:35.560]  And my first direct participation in it was with the amicus brief to the Tenth Circuit
[54:35.560 --> 54:37.560]  on the original appeal.
[54:37.560 --> 54:42.560]  And of course, the whole case goes through, goes sprint court, nothing changes.
[54:42.560 --> 54:44.560]  And then we have a change of administration.
[54:44.560 --> 54:48.560]  And at about the same time, we have the change of administration.
[54:48.560 --> 54:51.560]  Now, you're talking about the prosecution of Timothy McVeigh, is that right?
[54:51.560 --> 54:54.560]  Prosecution of Timothy McVeigh and Terry Nichols.
[54:54.560 --> 54:55.560]  Yes.
[54:55.560 --> 54:58.560]  The events occurred in Oklahoma City.
[54:58.560 --> 55:00.560]  They were not tried in Oklahoma.
[55:00.560 --> 55:04.560]  And we'll get to those details really quickly.
[55:04.560 --> 55:08.560]  But I had written a letter, and it was based on the Constitution,
[55:08.560 --> 55:17.560]  and I wrote to the new chief executive and said, look, we need time to do this litigation.
[55:17.560 --> 55:19.560]  Why don't you give us time to do it?
[55:19.560 --> 55:21.560]  Nothing happened until we filed the lawsuit.
[55:21.560 --> 55:28.560]  But then when we filed the lawsuit, Ashcroft gave a 30-day stay of execution.
[55:28.560 --> 55:31.560]  And during that time, the trial court in Terre Haute, Indiana,
[55:31.560 --> 55:39.560]  where we filed the case, basically dismissed it out very diplomatically, dismissed us out,
[55:39.560 --> 55:44.560]  took it up on appeal, and over that weekend, the Seventh Circuit entered the opinion
[55:44.560 --> 55:50.560]  that gave me the information that I needed to know about how in the world this thing functioned.
[55:50.560 --> 55:54.560]  In other words, they went beyond the legal issues, which I'll get into right now,
[55:54.560 --> 56:03.560]  and went beyond that to explain how the thing functioned, and they didn't do it directly.
[56:03.560 --> 56:09.560]  Here are the two key issues in the Oklahoma, and I call it the Terre Haute litigation.
[56:09.560 --> 56:15.560]  And the Terre Haute litigation, if we need to put a label on it, was effectively a habeas petition.
[56:15.560 --> 56:16.560]  It wasn't habeas.
[56:16.560 --> 56:22.560]  We weren't Nichols, and we weren't McVeigh, we weren't Nichols, we weren't either one of them directly.
[56:22.560 --> 56:26.560]  So we're outside, and what we're trying to do is preserve evidence,
[56:26.560 --> 56:31.560]  because there's so much destruction of evidence in these cases, and there's more litigation going on.
[56:31.560 --> 56:35.560]  So we're trying to preserve evidence, and here's how we're trying to preserve evidence.
[56:35.560 --> 56:37.560]  We're trying to stop the execution.
[56:37.560 --> 56:39.560]  On what grounds?
[56:39.560 --> 56:41.560]  No jurisdiction in the trial court.
[56:41.560 --> 56:47.560]  We can read Article 3, Section 2, Article 4, Section 2, and the Sixth Amendment,
[56:47.560 --> 56:55.560]  and get a very intuitive understanding that a criminal case is tried in the case in which it occurred.
[56:55.560 --> 57:03.560]  We have extradition that says, if you do something and run away, we can bring you back.
[57:03.560 --> 57:09.560]  This turns extradition on its ear to say, this occurred in one state,
[57:09.560 --> 57:13.560]  but we're going to export this criminal case to some other state for trial.
[57:13.560 --> 57:17.560]  And this is what got you into that originally?
[57:17.560 --> 57:21.560]  That was really what got my motor going on that case.
[57:21.560 --> 57:29.560]  I just could not abide that, and that was the long and the short of the amicus brief in the Tenth Circuit originally.
[57:29.560 --> 57:35.560]  In this litigation, there was another issue raised and just hit it really briefly.
[57:35.560 --> 57:42.560]  Article 3 jurisdiction extends to the Constitution, the laws of the United States, and the treaties.
[57:42.560 --> 57:44.560]  We're not really talking about the Constitution.
[57:44.560 --> 57:46.560]  We're not really talking about treaties.
[57:46.560 --> 57:48.560]  So what we end up with is law of the United States,
[57:48.560 --> 57:56.560]  and Article 3 court has jurisdiction to entertain a case that sounds in,
[57:56.560 --> 58:00.560]  that's based on, that arises under laws of the United States.
[58:00.560 --> 58:06.560]  Homicide is not something within Article 1, Section 8 subject matter.
[58:06.560 --> 58:08.560]  It just isn't, which means what?
[58:08.560 --> 58:12.560]  Which means homicide is something specifically reserved to the states.
[58:12.560 --> 58:15.560]  Why? Because it's not granted.
[58:15.560 --> 58:18.560]  Homicide is a state issue.
[58:18.560 --> 58:21.560]  What is it doing in an Article 3 court?
[58:21.560 --> 58:22.560]  Yeah, exactly.
[58:22.560 --> 58:24.560]  All right, listen, Harmon, we're about to go to break.
[58:24.560 --> 58:26.560]  We're at the top of the hour.
[58:26.560 --> 58:27.560]  Okay, so stay on the line.
[58:27.560 --> 58:29.560]  We're going to talk to you on the break.
[58:29.560 --> 58:33.560]  And then I want to get into, you know, your take on the straw man thing
[58:33.560 --> 58:37.560]  so that we can relay it back to the traffic ticket issue, which is the subject matter.
[58:37.560 --> 58:39.560]  What is the topic at hand?
[58:39.560 --> 58:40.560]  Perfect segue for that.
[58:40.560 --> 58:41.560]  Perfect segue.
[58:41.560 --> 58:42.560]  Thank you so much for calling in
[58:42.560 --> 58:46.560]  and giving us a little background on your legal work
[58:46.560 --> 58:49.560]  so that people can understand where you're coming from and who you are.
[58:49.560 --> 58:50.560]  We'll be right back.
[58:50.560 --> 59:18.560]  Rule of Law on ruleoflawradio.com.
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[01:00:37.560 --> 01:00:42.560]  All right.
[01:00:42.560 --> 01:00:43.560]  We are back.
[01:00:43.560 --> 01:00:45.560]  The Rule of Law, Randy Kelton and Deborah Stevens.
[01:00:45.560 --> 01:00:50.560]  We're joined by another very special guest unexpectedly, Mr. Harmon Taylor,
[01:00:50.560 --> 01:00:55.560]  who's an attorney, and you filed litigation, you know,
[01:00:55.560 --> 01:00:58.560]  because of these issues of the Oklahoma City bombing case.
[01:00:58.560 --> 01:01:01.560]  And what we're going to do is you're going to, you know,
[01:01:01.560 --> 01:01:06.560]  you're going to finish explaining that and segue into the strawman issues.
[01:01:06.560 --> 01:01:10.560]  And then we're going to discuss how we can use our strawman
[01:01:10.560 --> 01:01:12.560]  in relation to dealing with these traffic tickets.
[01:01:12.560 --> 01:01:14.560]  So, Harmon, please continue.
[01:01:14.560 --> 01:01:20.560]  The second issue, really briefly, we see that the law of the United States
[01:01:20.560 --> 01:01:23.560]  is something that comes out of Article 1, Section 8 activity.
[01:01:23.560 --> 01:01:26.560]  Congress wears a second hat.
[01:01:26.560 --> 01:01:29.560]  It's the state legislature hat of what?
[01:01:29.560 --> 01:01:33.560]  Of District of Columbia and all places owned by the government.
[01:01:33.560 --> 01:01:36.560]  Okay.
[01:01:36.560 --> 01:01:39.560]  Congress in that hat has, I'd say it's the duty,
[01:01:39.560 --> 01:01:43.560]  they certainly have the authority to define and punish homicide,
[01:01:43.560 --> 01:01:48.560]  but that doesn't come within Article 3 jurisdiction.
[01:01:48.560 --> 01:01:53.560]  So here's the lesson, and this is the lesson that takes us immediately
[01:01:53.560 --> 01:01:57.560]  to these transportation code, traffic code issues.
[01:01:57.560 --> 01:02:00.560]  On appeal, Seventh Circuit, remember,
[01:02:00.560 --> 01:02:03.560]  all we're talking about in Terre Haute is the Constitution.
[01:02:03.560 --> 01:02:04.560]  That's all we're talking about.
[01:02:04.560 --> 01:02:07.560]  That in evidence, that's all we're talking about.
[01:02:07.560 --> 01:02:12.560]  The Seventh Circuit gave me a padded 2x4, and here it is.
[01:02:12.560 --> 01:02:15.560]  Your case, after they agree with us on a couple of really key issues,
[01:02:15.560 --> 01:02:17.560]  they say effectively this, they communicate this,
[01:02:17.560 --> 01:02:20.560]  these are not the words I'm paraphrasing.
[01:02:20.560 --> 01:02:23.560]  Your case is frivolous, that's their word.
[01:02:23.560 --> 01:02:26.560]  Second description they have, without merit.
[01:02:26.560 --> 01:02:31.560]  Third description, of no authority.
[01:02:31.560 --> 01:02:34.560]  Fourth description, ludicrous.
[01:02:34.560 --> 01:02:40.560]  They describe a pure Constitution K as frivolous, without merit,
[01:02:40.560 --> 01:02:46.560]  of no authority, and ludicrous, and of course they're correct.
[01:02:46.560 --> 01:02:51.560]  Okay, how does this relate to the transportation code issues?
[01:02:51.560 --> 01:02:55.560]  We are not dealing with a Constitutional issue.
[01:02:55.560 --> 01:02:58.560]  There's nothing about the transportation code that does now
[01:02:58.560 --> 01:03:02.560]  or has ever had anything to do with the Constitution.
[01:03:02.560 --> 01:03:09.560]  If we apply the Constitution in anything, we are generally missing the point.
[01:03:09.560 --> 01:03:12.560]  There's some other ways I can describe that.
[01:03:12.560 --> 01:03:18.560]  But to go to the Constitution is to waste everybody's time.
[01:03:18.560 --> 01:03:19.560]  Why?
[01:03:19.560 --> 01:03:23.560]  Because we see in a pure Constitution case in that type of court,
[01:03:23.560 --> 01:03:27.560]  we think it's Article III, and it is not, it's Title XXVIII.
[01:03:27.560 --> 01:03:31.560]  It's not an Article III court, it's a Title XXVIII court.
[01:03:31.560 --> 01:03:35.560]  In this is a huge difference, and it's no different than the state courts.
[01:03:35.560 --> 01:03:38.560]  Let's talk money really clearly.
[01:03:38.560 --> 01:03:40.560]  There are two kinds of money.
[01:03:40.560 --> 01:03:43.560]  There's the legitimate money, which is all system awaits and measures,
[01:03:43.560 --> 01:03:47.560]  gold and silver coin, which is what we're supposed to have.
[01:03:47.560 --> 01:03:51.560]  Then there's what we've got right now that I call the funny money,
[01:03:51.560 --> 01:03:54.560]  or I call it the funny money scam.
[01:03:54.560 --> 01:03:59.560]  When we understand the money, we understand where we are in terms of choice of law,
[01:03:59.560 --> 01:04:03.560]  if we had a system based on an honest system awaits and measures,
[01:04:03.560 --> 01:04:07.560]  then we could deal with the common law, and therefore we could deal with the Constitution.
[01:04:07.560 --> 01:04:10.560]  That would be a consistent line of thought.
[01:04:10.560 --> 01:04:13.560]  We don't have that.
[01:04:13.560 --> 01:04:16.560]  There are a lot of people who have to have a Constitution,
[01:04:16.560 --> 01:04:18.560]  and their world would melt away if there isn't.
[01:04:18.560 --> 01:04:23.560]  So for those people, they need to think simply about this.
[01:04:23.560 --> 01:04:25.560]  We're in a totally different place.
[01:04:25.560 --> 01:04:30.560]  It's as if we went to bed in Great Britain and woke up in the Rhine River in Germany.
[01:04:30.560 --> 01:04:36.560]  This is how different the choice of law is based on the money, based on the money.
[01:04:36.560 --> 01:04:38.560]  We have funny money.
[01:04:38.560 --> 01:04:46.560]  If we had common law, then the funny money advocates and proponents would be in jail,
[01:04:46.560 --> 01:04:49.560]  and there would not be a funny money system.
[01:04:49.560 --> 01:04:51.560]  We have a funny money system.
[01:04:51.560 --> 01:04:54.560]  No one is going to jail for that, which tells us what?
[01:04:54.560 --> 01:04:58.560]  Which tells us we are not dealing with a common law based system.
[01:04:58.560 --> 01:05:00.560]  What is the option?
[01:05:00.560 --> 01:05:01.560]  The law of the sea.
[01:05:01.560 --> 01:05:06.560]  Common law, typically law of the land, and we don't have a law of the land system.
[01:05:06.560 --> 01:05:10.560]  We have the law of the sea system, which means what?
[01:05:10.560 --> 01:05:14.560]  Which means it functions by agreement.
[01:05:14.560 --> 01:05:16.560]  It functions by agreement.
[01:05:16.560 --> 01:05:24.560]  If we think about things in terms of law, we are misunderstanding how the transportation code is.
[01:05:24.560 --> 01:05:25.560]  It's just one example.
[01:05:25.560 --> 01:05:26.560]  It's an excellent example.
[01:05:26.560 --> 01:05:32.560]  If we think of it in terms of law, we do not yet fully grasp how it functions.
[01:05:32.560 --> 01:05:33.560]  How does it function?
[01:05:33.560 --> 01:05:35.560]  By agreement.
[01:05:35.560 --> 01:05:36.560]  How does it function?
[01:05:36.560 --> 01:05:37.560]  By agreement.
[01:05:37.560 --> 01:05:38.560]  How do we know?
[01:05:38.560 --> 01:05:43.560]  We look at the money and the fact no one is going to jail for running it.
[01:05:43.560 --> 01:05:49.560]  Under a common law system, those who are doing the money would be going to jail.
[01:05:49.560 --> 01:05:51.560]  They are not going to jail, which means what?
[01:05:51.560 --> 01:05:55.560]  We've got a totally different foundational choice of law.
[01:05:55.560 --> 01:05:57.560]  It's not the law of the land.
[01:05:57.560 --> 01:05:58.560]  It's the law of the sea.
[01:05:58.560 --> 01:06:05.560]  Now, let's talk about the straw man because this is where there is a tremendous, tremendous misunderstanding.
[01:06:05.560 --> 01:06:07.560]  It's very popular.
[01:06:07.560 --> 01:06:16.560]  If we were a corporation, if we were a separate legal entity, especially on the corporation,
[01:06:16.560 --> 01:06:20.560]  it would be impossible to go into court, per se.
[01:06:20.560 --> 01:06:21.560]  Why?
[01:06:21.560 --> 01:06:27.560]  All artificial entities of that nature must have counsel.
[01:06:27.560 --> 01:06:28.560]  It's just one of these things.
[01:06:28.560 --> 01:06:29.560]  Why is that?
[01:06:29.560 --> 01:06:30.560]  Why is that, Harmon?
[01:06:30.560 --> 01:06:36.560]  Corporations have to have counsel because it's an artificial entity.
[01:06:36.560 --> 01:06:37.560]  Oh, yeah.
[01:06:37.560 --> 01:06:39.560]  I mean, it's just sort of by definition.
[01:06:39.560 --> 01:06:46.560]  Yeah, it's not flesh and blood because a corporation in and of itself can't walk into the court.
[01:06:46.560 --> 01:06:47.560]  Right.
[01:06:47.560 --> 01:06:49.560]  Yeah, it's an artificial entity.
[01:06:49.560 --> 01:06:50.560]  I see.
[01:06:50.560 --> 01:06:51.560]  They have to have counsel by definition.
[01:06:51.560 --> 01:06:52.560]  They have to have counsel.
[01:06:52.560 --> 01:06:53.560]  This is like a class action.
[01:06:53.560 --> 01:06:58.560]  We're talking about a group of people and the rules are if you're not your own person,
[01:06:58.560 --> 01:07:04.560]  if you're a separate thing like that, you have to have an attorney.
[01:07:04.560 --> 01:07:09.560]  We go in, per se, with this all caps name, so we know it's not a corporation.
[01:07:09.560 --> 01:07:12.560]  Another popular one is that it's a vessel.
[01:07:12.560 --> 01:07:13.560]  Okay?
[01:07:13.560 --> 01:07:16.560]  A vessel obviously doesn't represent itself.
[01:07:16.560 --> 01:07:18.560]  It comes in with counsel.
[01:07:18.560 --> 01:07:21.560]  So we've got a lot going.
[01:07:21.560 --> 01:07:23.560]  Here's a good thing about this.
[01:07:23.560 --> 01:07:25.560]  Let's look at the positive side.
[01:07:25.560 --> 01:07:29.560]  We realize that there is legal significance in the all caps spelling.
[01:07:29.560 --> 01:07:30.560]  That's 100% correct.
[01:07:30.560 --> 01:07:31.560]  Absolutely.
[01:07:31.560 --> 01:07:33.560]  There is legal significance.
[01:07:33.560 --> 01:07:35.560]  Here's what the legal significance is.
[01:07:35.560 --> 01:07:39.560]  I'll hit this in the head and then we can do what we want to do for the rest of your time
[01:07:39.560 --> 01:07:42.560]  and you can get other callers or whatever.
[01:07:42.560 --> 01:07:45.560]  The long and the short of the all caps spelling is this.
[01:07:45.560 --> 01:07:50.560]  It means, and we get the concept from this thing called the Fourteenth Amendment,
[01:07:50.560 --> 01:07:53.560]  to animate the federal capacity, that's the all caps spelling,
[01:07:53.560 --> 01:07:59.560]  to animate the federal capacity is to say I waive my objection to the debts of the United States.
[01:07:59.560 --> 01:08:01.560]  You want a translation?
[01:08:01.560 --> 01:08:05.560]  I waive my objections to the funny money scam.
[01:08:05.560 --> 01:08:09.560]  The all caps name doesn't have anything to do with citizenship.
[01:08:09.560 --> 01:08:11.560]  It doesn't have anything to do with nationality.
[01:08:11.560 --> 01:08:16.560]  And if there's ever a doubt about that, look at the deportation cases.
[01:08:16.560 --> 01:08:24.560]  Those defendants are talked about in the case style in the all caps name.
[01:08:24.560 --> 01:08:26.560]  They're not corporations.
[01:08:26.560 --> 01:08:27.560]  They're not vessels.
[01:08:27.560 --> 01:08:29.560]  It's not some artificial entity.
[01:08:29.560 --> 01:08:31.560]  It's not a separate legal person.
[01:08:31.560 --> 01:08:36.560]  It's just the person that can be recognized in the current system.
[01:08:36.560 --> 01:08:37.560]  Why?
[01:08:37.560 --> 01:08:40.560]  Because if they were talked about in their proper capacity,
[01:08:40.560 --> 01:08:42.560]  the court couldn't either see or hear them.
[01:08:42.560 --> 01:08:43.560]  Why?
[01:08:43.560 --> 01:08:44.560]  Because it's outside their authority.
[01:08:44.560 --> 01:08:45.560]  It says who?
[01:08:45.560 --> 01:08:47.560]  It says the money people.
[01:08:47.560 --> 01:08:52.560]  If we don't waive objection to the funny money scam, the judges can't hear us.
[01:08:52.560 --> 01:08:57.560]  It's just they're so totally outside their authority to go there
[01:08:57.560 --> 01:09:00.560]  that they just don't touch it with a 10-foot pole.
[01:09:00.560 --> 01:09:04.560]  So the all caps name does have legal significance,
[01:09:04.560 --> 01:09:06.560]  but here's the long and the short of it.
[01:09:06.560 --> 01:09:12.560]  I waive my objection to the debts of the United States, which translates this way.
[01:09:12.560 --> 01:09:15.560]  I waive my objection to the funny money scam.
[01:09:15.560 --> 01:09:21.560]  The deportation cases, if it was a nationality issue,
[01:09:21.560 --> 01:09:25.560]  then they would be given nationality by the spelling of the name,
[01:09:25.560 --> 01:09:28.560]  which would totally upend the case.
[01:09:28.560 --> 01:09:30.560]  Same thing with citizenship.
[01:09:30.560 --> 01:09:39.560]  It can't refer to either of those and have the deportation case theories hold water.
[01:09:39.560 --> 01:09:43.560]  And, of course, we've already talked about the maritime angle
[01:09:43.560 --> 01:09:46.560]  and where that comes in and that it can't be a corporation
[01:09:46.560 --> 01:09:50.560]  and it's not a separate legal entity from the human being.
[01:09:50.560 --> 01:09:56.560]  It is the human being just in that capacity that can be recognized,
[01:09:56.560 --> 01:10:00.560]  seen and therefore heard by the courts.
[01:10:00.560 --> 01:10:01.560]  And that's all the courts.
[01:10:01.560 --> 01:10:02.560]  How do we know?
[01:10:02.560 --> 01:10:05.560]  Because all the courts deal with the funny money.
[01:10:05.560 --> 01:10:09.560]  In this sense, all courts are federal courts.
[01:10:09.560 --> 01:10:13.560]  So that's two cents worth on the transportation thing.
[01:10:13.560 --> 01:10:17.560]  We can go into some legal theories here if you'd like,
[01:10:17.560 --> 01:10:23.560]  because I think most of it is misunderstood in the theory level too,
[01:10:23.560 --> 01:10:27.560]  but we can do that how you think best.
[01:10:27.560 --> 01:10:34.560]  Well, I wanted to, since we were discussing the stall man and how he got on this,
[01:10:34.560 --> 01:10:39.560]  was because of Eddie's research in the transportation code here in Texas.
[01:10:39.560 --> 01:10:40.560]  Good, good.
[01:10:40.560 --> 01:10:45.560]  And basically he's been pointing out line by line how everything goes to commerce
[01:10:45.560 --> 01:10:48.560]  and it's all pointing to the straw man.
[01:10:48.560 --> 01:10:54.560]  So I kind of wanted to get back to that and relate what you were saying to Eddie's research.
[01:10:54.560 --> 01:10:55.560]  Okay.
[01:10:55.560 --> 01:10:58.560]  Of course, the straw man's a non-issue.
[01:10:58.560 --> 01:11:03.560]  And the people that focus on the straw man in court are going to be sadly disappointed
[01:11:03.560 --> 01:11:05.560]  when they take the issue up on appeal.
[01:11:05.560 --> 01:11:06.560]  Why?
[01:11:06.560 --> 01:11:09.560]  Because there's nothing left to appeal.
[01:11:09.560 --> 01:11:10.560]  Because there's no straw man there.
[01:11:10.560 --> 01:11:13.560]  It's not a separate legal person.
[01:11:13.560 --> 01:11:22.560]  It is that human being just recognized in that club, as it were,
[01:11:22.560 --> 01:11:25.560]  where what they circulate is funny money.
[01:11:25.560 --> 01:11:27.560]  Interesting.
[01:11:27.560 --> 01:11:29.560]  Think about it as a private club.
[01:11:29.560 --> 01:11:33.560]  I, of course, think about it as a church and church membership.
[01:11:33.560 --> 01:11:37.560]  And in that church, they circulate funny money.
[01:11:37.560 --> 01:11:41.560]  And to be a member of that church, you have to show up with the church ID.
[01:11:41.560 --> 01:11:44.560]  What's the church ID, the all caps name?
[01:11:44.560 --> 01:11:45.560]  Oh, yeah, you're a member here.
[01:11:45.560 --> 01:11:46.560]  Good.
[01:11:46.560 --> 01:11:50.560]  You don't have any problem with the funny money scam.
[01:11:50.560 --> 01:11:52.560]  So you just come right on in.
[01:11:52.560 --> 01:12:01.560]  Think of it as any of these ID accessible only shopping centers or stores.
[01:12:01.560 --> 01:12:03.560]  Oh, well, you've got to have an ID to come in.
[01:12:03.560 --> 01:12:04.560]  Oh, well, here's my ID.
[01:12:04.560 --> 01:12:06.560]  I use the all caps name.
[01:12:06.560 --> 01:12:09.560]  Oh, well, just come right on in.
[01:12:09.560 --> 01:12:12.560]  Okay, that's the long and the short of the all caps spelling.
[01:12:12.560 --> 01:12:17.560]  And I know there's just tons and decades worth of effort trying to discuss the straw man thing.
[01:12:17.560 --> 01:12:18.560]  Yeah, excellent.
[01:12:18.560 --> 01:12:22.560]  And it is a huge distraction from where we need to be.
[01:12:22.560 --> 01:12:30.560]  Let me hit where we need to be on the transportation code issues, and then we can go from there.
[01:12:30.560 --> 01:12:31.560]  Okay.
[01:12:31.560 --> 01:12:36.560]  The fundamental concept of transportation, and we have to dig to find a definition,
[01:12:36.560 --> 01:12:39.560]  and commercial is 100% correct.
[01:12:39.560 --> 01:12:40.560]  But what does that mean?
[01:12:40.560 --> 01:12:43.560]  That means we're looking for an agreement.
[01:12:43.560 --> 01:12:45.560]  The key term is transportation.
[01:12:45.560 --> 01:12:53.560]  It typically means this, removing people and or goods from here to there for profit or hire.
[01:12:53.560 --> 01:12:59.560]  What's not talked about in the definitions is this next element called choice of law.
[01:12:59.560 --> 01:13:04.560]  There's a place called this state that provides the choice of law.
[01:13:04.560 --> 01:13:07.560]  It provides the rules of decision.
[01:13:07.560 --> 01:13:08.560]  This state is not Texas.
[01:13:08.560 --> 01:13:09.560]  It's not Florida.
[01:13:09.560 --> 01:13:10.560]  It's not California.
[01:13:10.560 --> 01:13:11.560]  It's not New York.
[01:13:11.560 --> 01:13:15.560]  That's not what the phrase this state means.
[01:13:15.560 --> 01:13:17.560]  I'll describe this state to you.
[01:13:17.560 --> 01:13:24.560]  Picture a land area, geographic place that includes the following.
[01:13:24.560 --> 01:13:31.560]  48 contiguous states, D.C., Alaska, Hawaii, American Samoa, Guam,
[01:13:31.560 --> 01:13:34.560]  Northern Mariana Islands, Puerto Rico, the Virgin Islands,
[01:13:34.560 --> 01:13:39.560]  and all the rest of the protectorates and territories.
[01:13:39.560 --> 01:13:40.560]  Okay.
[01:13:40.560 --> 01:13:42.560]  That's the geographic scope, but if we're looking at the land,
[01:13:42.560 --> 01:13:45.560]  we still don't understand this state.
[01:13:45.560 --> 01:13:51.560]  To see this state, picture a clear acrylic layer 25 feet above the land.
[01:13:51.560 --> 01:13:53.560]  There's nothing magic about 25 feet.
[01:13:53.560 --> 01:13:56.560]  It's just if we're looking at something 25 feet above the land,
[01:13:56.560 --> 01:13:58.560]  we're not looking at the land.
[01:13:58.560 --> 01:14:04.560]  Hence the lesson and why I describe it this way in terms of choice of law.
[01:14:04.560 --> 01:14:06.560]  We're either going to start with the law of the land
[01:14:06.560 --> 01:14:08.560]  or start with the law of the sea.
[01:14:08.560 --> 01:14:09.560]  It's one or the other.
[01:14:09.560 --> 01:14:12.560]  Now, the law of the sea doesn't just apply to water.
[01:14:12.560 --> 01:14:14.560]  It also applies to air.
[01:14:14.560 --> 01:14:17.560]  When we're in an airplane, it's a maritime jurisdiction.
[01:14:17.560 --> 01:14:18.560]  Why?
[01:14:18.560 --> 01:14:21.560]  Because by definition, if we're in the air,
[01:14:21.560 --> 01:14:24.560]  we're in choice of law, the maritime law.
[01:14:24.560 --> 01:14:27.560]  This is why I picked this example.
[01:14:27.560 --> 01:14:32.560]  That's why I described it this way so if we can see this clear acrylic layer
[01:14:32.560 --> 01:14:36.560]  hovering 25 feet above where we are on the land,
[01:14:36.560 --> 01:14:39.560]  that's the place that provides the choice of law.
[01:14:39.560 --> 01:14:43.560]  That's where the funny money scam operates.
[01:14:43.560 --> 01:14:44.560]  Okay.
[01:14:44.560 --> 01:14:47.560]  So that's the choice of law for transportation,
[01:14:47.560 --> 01:14:51.560]  removing people and or goods from here to there for profit or hire
[01:14:51.560 --> 01:14:56.560]  in a particular choice of law, that being the law of this state.
[01:14:56.560 --> 01:14:57.560]  Okay.
[01:14:57.560 --> 01:14:59.560]  That's transportation.
[01:14:59.560 --> 01:15:04.560]  Typically, that term gets folded into the concept of vehicle.
[01:15:04.560 --> 01:15:07.560]  We don't have a vehicle without transportation.
[01:15:07.560 --> 01:15:08.560]  Okay.
[01:15:08.560 --> 01:15:13.560]  That typically gets folded into motor vehicle.
[01:15:13.560 --> 01:15:18.560]  And so we're two or three layers away from this transportation concept
[01:15:18.560 --> 01:15:22.560]  when we get to the words that show up in the statutes.
[01:15:22.560 --> 01:15:24.560]  Key terms in the statutes.
[01:15:24.560 --> 01:15:26.560]  This state, which we've just described,
[01:15:26.560 --> 01:15:31.560]  is very different from anything even the judges have their mind around.
[01:15:31.560 --> 01:15:36.560]  Operate is a really key term.
[01:15:36.560 --> 01:15:41.560]  Operating has everything to do with transportation.
[01:15:41.560 --> 01:15:47.560]  It has nothing to do with being behind the wheel of a car.
[01:15:47.560 --> 01:15:49.560]  And a fellow sent me an email the other day and said,
[01:15:49.560 --> 01:15:54.560]  what was that term you used that wasn't automobile or vehicle or any of that?
[01:15:54.560 --> 01:15:57.560]  I thought, I don't remember using another term, but there is one.
[01:15:57.560 --> 01:15:59.560]  It's in a statute and it's undefined.
[01:15:59.560 --> 01:16:02.560]  It's called road machine.
[01:16:02.560 --> 01:16:04.560]  Road machine.
[01:16:04.560 --> 01:16:05.560]  Road machine.
[01:16:05.560 --> 01:16:07.560]  A road machine is unregulated.
[01:16:07.560 --> 01:16:08.560]  A road machine.
[01:16:08.560 --> 01:16:12.560]  Now, I think most people think that to be some kind of construction equipment,
[01:16:12.560 --> 01:16:14.560]  but the terms in there were defined.
[01:16:14.560 --> 01:16:17.560]  So just look up road machine and start thinking about, okay,
[01:16:17.560 --> 01:16:18.560]  what's a road machine?
[01:16:18.560 --> 01:16:21.560]  Well, that's something that's not a vehicle.
[01:16:21.560 --> 01:16:25.560]  A road machine has nothing to do with transportation.
[01:16:25.560 --> 01:16:30.560]  Okay, so we're talking about operating and that has to do with transportation.
[01:16:30.560 --> 01:16:33.560]  And we're talking about driving.
[01:16:33.560 --> 01:16:37.560]  Driving is also a whole lot like saying Xerox copy.
[01:16:37.560 --> 01:16:39.560]  It's such a generic term.
[01:16:39.560 --> 01:16:44.560]  We just use it all the time and we need to re-discipline our minds.
[01:16:44.560 --> 01:16:48.560]  Okay, well, Harmon, listen, hold on to that thought because we're going to the break right now.
[01:16:48.560 --> 01:16:49.560]  Very good.
[01:16:49.560 --> 01:16:51.560]  Another segue with clip hanger.
[01:16:51.560 --> 01:16:59.560]  Okay, we'll be right back with Eddie Craig and Harmon Taylor.
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[01:18:04.560 --> 01:18:18.560]  Okay, we are back.
[01:18:18.560 --> 01:18:20.560]  The rule of law, Randy Kelton and Deborah Stevens.
[01:18:20.560 --> 01:18:26.560]  We are here with Eddie Craig and Harmon Taylor.
[01:18:26.560 --> 01:18:29.560]  Okay, Harmon, please finish up on your thought here,
[01:18:29.560 --> 01:18:33.560]  and then we're going to segue back to Eddie to talk about Vernon's civil statutes.
[01:18:33.560 --> 01:18:34.560]  Very good.
[01:18:34.560 --> 01:18:36.560]  Yeah, just close up this.
[01:18:36.560 --> 01:18:38.560]  I appreciate you taking the call.
[01:18:38.560 --> 01:18:41.560]  I appreciate any patience on the contribution here.
[01:18:41.560 --> 01:18:42.560]  Yes, sir.
[01:18:42.560 --> 01:18:47.560]  The concept on operating and driving are terms that are the gotcha terms.
[01:18:47.560 --> 01:18:50.560]  When those come into evidence without objection,
[01:18:50.560 --> 01:18:56.560]  we just agreed to engaging in this thing called transportation.
[01:18:56.560 --> 01:19:00.560]  Transportation is a regulated line of commerce.
[01:19:00.560 --> 01:19:05.560]  And if we do transportation, we have to do the licenses,
[01:19:05.560 --> 01:19:08.560]  and we have to do all these other things to participate,
[01:19:08.560 --> 01:19:11.560]  as if we were the 18-wheeler, over-the-road drivers.
[01:19:11.560 --> 01:19:18.560]  Transportation is something that 98 percent of the people who have a driver's license never engage in
[01:19:18.560 --> 01:19:22.560]  because they're never engaging in profit or higher activity.
[01:19:22.560 --> 01:19:28.560]  So where there's a tremendous need to understand the right to travel,
[01:19:28.560 --> 01:19:35.560]  if all we do is argue the right to travel and all these commercial terms come in against us in court,
[01:19:35.560 --> 01:19:40.560]  we can talk about right to travel until we're blue in the face, and it doesn't matter why.
[01:19:40.560 --> 01:19:44.560]  Because by our silence, we agreed that we were engaging in transportation,
[01:19:44.560 --> 01:19:47.560]  and that's where the judges are going to hang us.
[01:19:47.560 --> 01:19:52.560]  So that's my two cents worth, and I appreciate you taking the call.
[01:19:52.560 --> 01:19:53.560]  Yes, sir.
[01:19:53.560 --> 01:19:55.560]  And along those notes, Deborah and Ernie,
[01:19:55.560 --> 01:19:58.560]  what I'd like to kick in is that that's what I brought up to you the other day, Randy,
[01:19:58.560 --> 01:20:04.560]  about where I am going to charge the officer making the accusation with aggravated perjury
[01:20:04.560 --> 01:20:11.560]  because I am going to demand he produce evidence that I was operating and that I was in a motor vehicle,
[01:20:11.560 --> 01:20:17.560]  and so on and so forth, because he's making conclusions of law which he's not qualified to do.
[01:20:17.560 --> 01:20:24.560]  So since he can offer no evidence that you were operating or that you were in a motor vehicle,
[01:20:24.560 --> 01:20:28.560]  you can really drive him nuts with that, I would think.
[01:20:28.560 --> 01:20:36.560]  Yes, and according to Heath Boyd, the arrest was made without a warrant.
[01:20:36.560 --> 01:20:42.560]  Therefore, the presumption is that the arrest was unreasonable,
[01:20:42.560 --> 01:20:52.560]  and it's not about, he said, she said, the onus is on the arresting officer to show cause.
[01:20:52.560 --> 01:20:57.560]  So it can't be presumed that the officer acted properly.
[01:20:57.560 --> 01:21:06.560]  It must be presumed he acted improperly until he shows prima facie evidence to support his position.
[01:21:06.560 --> 01:21:11.560]  Yes, and what Harmon was saying is exactly what I formulated myself to do whenever they do this,
[01:21:11.560 --> 01:21:14.560]  is to object every time they use those terms.
[01:21:14.560 --> 01:21:16.560]  Now, they do tend to try to ignore you,
[01:21:16.560 --> 01:21:20.560]  and since we don't have courts of record in the municipal and JP courts here,
[01:21:20.560 --> 01:21:23.560]  it's very hard to keep that for appeal.
[01:21:23.560 --> 01:21:28.560]  But the fact is that object to it anyway.
[01:21:28.560 --> 01:21:43.560]  Hemet Lee, what about making your own record, recording or videotape?
[01:21:43.560 --> 01:21:47.560]  You actually caught something I had missed.
[01:21:47.560 --> 01:21:53.560]  I talk about Article 2.03, mainly Paragraph A,
[01:21:53.560 --> 01:22:00.560]  but Paragraph B says the presiding judge, defense counsel, prosecuting attorney and police
[01:22:00.560 --> 01:22:04.560]  shall so conduct themselves so as to ensure a fair trial for the police,
[01:22:04.560 --> 01:22:10.560]  for the accused and the state, and shall not impair the First Amendment.
[01:22:10.560 --> 01:22:11.560]  Right.
[01:22:11.560 --> 01:22:15.560]  And I missed the First Amendment.
[01:22:15.560 --> 01:22:18.560]  So when they stop me from bringing a camera into the courtroom,
[01:22:18.560 --> 01:22:29.560]  they violate very specifically, not Constitution, Article 2.03, Paragraph B.
[01:22:29.560 --> 01:22:34.560]  So I definitely want to try doing that one.
[01:22:34.560 --> 01:22:38.560]  I don't see how, you know, you could hit them with criminal charges again,
[01:22:38.560 --> 01:22:40.560]  like you're so prone to do when they violate that,
[01:22:40.560 --> 01:22:46.560]  because it's very clear that a free press is required.
[01:22:46.560 --> 01:22:49.560]  But what that was bringing me to when we were discussing this
[01:22:49.560 --> 01:22:53.560]  is how all of this leads up to the right to travel.
[01:22:53.560 --> 01:22:55.560]  Do we have it?
[01:22:55.560 --> 01:22:58.560]  And pretty much it's a given we do.
[01:22:58.560 --> 01:23:02.560]  When we think about how the country was first formed up and we traveled across it,
[01:23:02.560 --> 01:23:06.560]  we didn't ask anybody's permission to hit the horse up to our wagon and head west.
[01:23:06.560 --> 01:23:11.560]  We didn't need license plates hanging off the rump of our horse to get anywhere.
[01:23:11.560 --> 01:23:15.560]  Well, the founders were very specific about that.
[01:23:15.560 --> 01:23:18.560]  They were concerned that the individual states,
[01:23:18.560 --> 01:23:23.560]  if they started charging tariffs to cross borders,
[01:23:23.560 --> 01:23:29.560]  would dramatically interfere with the ability of the states to freely trade with one another.
[01:23:29.560 --> 01:23:31.560]  Not to mention expand.
[01:23:31.560 --> 01:23:32.560]  And expand.
[01:23:32.560 --> 01:23:35.560]  So they told them there will be none of that stuff.
[01:23:35.560 --> 01:23:47.560]  The right to travel really was intended to be a right to travel across one border from one state to the other state.
[01:23:47.560 --> 01:23:50.560]  Well, it goes directly to liberty.
[01:23:50.560 --> 01:23:52.560]  It goes directly to liberty.
[01:23:52.560 --> 01:24:02.560]  You are not at liberty if you can't move from place to place under your own terms and at your own whim.
[01:24:02.560 --> 01:24:08.560]  But another thing that I've devised in this is attempting to approach it from a right to property issue as well.
[01:24:08.560 --> 01:24:14.560]  Not a right to travel, but a right to own and use property for its intended purpose.
[01:24:14.560 --> 01:24:16.560]  You buy an automobile.
[01:24:16.560 --> 01:24:20.560]  Its intended purpose is for you to get from one place to another.
[01:24:20.560 --> 01:24:26.560]  Not to engage in commerce, but it's simple a matter of you have the right to the use of your property.
[01:24:26.560 --> 01:24:32.560]  Otherwise, they are taking your right away from you to use that property without due process of law.
[01:24:32.560 --> 01:24:35.560]  That's just another approach to look at it from.
[01:24:35.560 --> 01:24:39.560]  But as far as a matter of right to use the road is concerned,
[01:24:39.560 --> 01:24:51.560]  Vernon's civil statutes here in Texas, page 119 and note 9, generally public road is used by public as a matter of right.
[01:24:51.560 --> 01:24:55.560]  Now, that's that term that gentleman used on the show one night when he and I were speaking.
[01:24:55.560 --> 01:24:57.560]  He's absolutely correct.
[01:24:57.560 --> 01:25:01.560]  When you're talking about a matter of right, it is not something the legislature can just say,
[01:25:01.560 --> 01:25:04.560]  well, we're going to change the rules and make it different.
[01:25:04.560 --> 01:25:05.560]  Okay.
[01:25:05.560 --> 01:25:13.560]  When they codified Vernon's into the transportation code, did they change that?
[01:25:13.560 --> 01:25:21.560]  This was introduced in a case civil appellate court in 1968 when this was done.
[01:25:21.560 --> 01:25:30.560]  Now, the only place you will find the road to be used by the public as a matter of right is in the natural resources code.
[01:25:30.560 --> 01:25:40.560]  That's the only place where that specific term is still used, but it's there.
[01:25:40.560 --> 01:25:42.560]  Oh, that's right.
[01:25:42.560 --> 01:25:53.560]  Well, one of the concerns I had in reading the code is the statutes stay there, but the wording changes.
[01:25:53.560 --> 01:25:55.560]  Yes.
[01:25:55.560 --> 01:25:57.560]  How does that happen?
[01:25:57.560 --> 01:26:02.560]  Well, there's a couple of different ways it can happen, I would presume,
[01:26:02.560 --> 01:26:08.560]  and that would be that different people are working on different sections and then trying to merge them back together.
[01:26:08.560 --> 01:26:10.560]  That's one possibility.
[01:26:10.560 --> 01:26:18.560]  The other most likely thing is though, however, is that they are doing their best to confuse the issue.
[01:26:18.560 --> 01:26:23.560]  Well, I was wondering more from a legal standpoint.
[01:26:23.560 --> 01:26:26.560]  The legislature passes legislation.
[01:26:26.560 --> 01:26:27.560]  Right.
[01:26:27.560 --> 01:26:35.560]  And then someone reduces the legislation from the public laws to a code.
[01:26:35.560 --> 01:26:36.560]  Correct.
[01:26:36.560 --> 01:26:46.560]  What is the structure and procedure in place to ensure that the code reflects the legislative rulings?
[01:26:46.560 --> 01:26:52.560]  Truth be told, these days there doesn't appear to be any.
[01:26:52.560 --> 01:26:53.560]  Yeah, really.
[01:26:53.560 --> 01:26:59.560]  And what entity would that be?
[01:26:59.560 --> 01:27:06.560]  Well, to tell you the truth, I don't know who it is that publishes the online versions of these codes that they take and do publications on.
[01:27:06.560 --> 01:27:12.560]  I have no clue because it doesn't give you anything in the documents to tell you who was the actual publisher.
[01:27:12.560 --> 01:27:14.560]  West does the federal.
[01:27:14.560 --> 01:27:15.560]  Right.
[01:27:15.560 --> 01:27:21.560]  And they regularly leave things out that they don't ask to see.
[01:27:21.560 --> 01:27:30.560]  Now, you may know this better than I, Randy. What I would love to get my hands on is a place where I can get to the actual text of the legislative version of the bill.
[01:27:30.560 --> 01:27:31.560]  Yeah, the public law.
[01:27:31.560 --> 01:27:40.560]  Doesn't it have the annotations of the actual act number, article number, the actual legislation that was passed?
[01:27:40.560 --> 01:27:42.560]  Isn't that listed in these codes?
[01:27:42.560 --> 01:27:44.560]  Yeah, it's listed at the bottom of each section of the code.
[01:27:44.560 --> 01:27:46.560]  That's what I thought.
[01:27:46.560 --> 01:27:47.560]  That's what I thought.
[01:27:47.560 --> 01:27:51.560]  The problem is go find that act.
[01:27:51.560 --> 01:27:52.560]  What do you mean go find it?
[01:27:52.560 --> 01:27:55.560]  You can't look it up online?
[01:27:55.560 --> 01:27:56.560]  I've tried.
[01:27:56.560 --> 01:27:59.560]  I can't seem to locate the specific act.
[01:27:59.560 --> 01:28:00.560]  So what do you have to do?
[01:28:00.560 --> 01:28:04.560]  So do you have to go to the law library or something to actually look up legislation?
[01:28:04.560 --> 01:28:07.560]  Well, it should be in the public laws.
[01:28:07.560 --> 01:28:09.560]  It should be.
[01:28:09.560 --> 01:28:13.560]  It's kind of like the federal register.
[01:28:13.560 --> 01:28:15.560]  That's a good point.
[01:28:15.560 --> 01:28:21.560]  One of the things I wanted to get to is go back to the original statute, the way the legislature passed it.
[01:28:21.560 --> 01:28:23.560]  What is public laws?
[01:28:23.560 --> 01:28:27.560]  Is that some publication like the federal register?
[01:28:27.560 --> 01:28:28.560]  Yes.
[01:28:28.560 --> 01:28:31.560]  When a law is passed, it's passed into the public law.
[01:28:31.560 --> 01:28:35.560]  And then they take the public laws and codify them into the codes.
[01:28:35.560 --> 01:28:37.560]  Who is they?
[01:28:37.560 --> 01:28:40.560]  That's what I want to find out.
[01:28:40.560 --> 01:28:44.560]  West Publishing does it for the federal government.
[01:28:44.560 --> 01:28:47.560]  I don't know who does it for Texas.
[01:28:47.560 --> 01:28:48.560]  Well, you've got a couple.
[01:28:48.560 --> 01:28:50.560]  One of them is Vernon's.
[01:28:50.560 --> 01:28:52.560]  Vernon's does one.
[01:28:52.560 --> 01:28:57.560]  And there is, I forget what the other is.
[01:28:57.560 --> 01:29:01.560]  And you can actually read them and there will be disparity between the two.
[01:29:01.560 --> 01:29:08.560]  That's always been my concern because I read the statute and then a few years later I read it again and it's changed.
[01:29:08.560 --> 01:29:10.560]  Why do they even do that at all?
[01:29:10.560 --> 01:29:12.560]  Why not just have the legislation that's passed?
[01:29:12.560 --> 01:29:16.560]  Why do they have to, you know, interpret it into code?
[01:29:16.560 --> 01:29:19.560]  Because the legislature tends to speak in generalities.
[01:29:19.560 --> 01:29:22.560]  The regulations deal with specificity.
[01:29:22.560 --> 01:29:27.560]  Well, then that's not law because the legislature didn't say those things.
[01:29:27.560 --> 01:29:29.560]  No, we're not talking about rules here.
[01:29:29.560 --> 01:29:34.560]  We're talking about the actual statutes like the penal code and the code of current procedure.
[01:29:34.560 --> 01:29:36.560]  Those are statutory and not rules.
[01:29:36.560 --> 01:29:37.560]  Right.
[01:29:37.560 --> 01:29:39.560]  Those should be the way the legislature passed them.
[01:29:39.560 --> 01:29:42.560]  Yeah, okay, well that's what I thought.
[01:29:42.560 --> 01:29:45.560]  Okay, listen, we're going to break.
[01:29:45.560 --> 01:29:47.560]  I want to thank Harman Taylor for calling in.
[01:29:47.560 --> 01:29:49.560]  Looks like he dropped off the line.
[01:29:49.560 --> 01:29:58.560]  We'll be back with Eddie shortly.
[01:29:58.560 --> 01:30:03.560]  Gold prices are at historic highs and with the recent pullback this is a great time to buy.
[01:30:03.560 --> 01:30:09.560]  The value of the dollar, risks of inflation, geopolitical uncertainties and instability in world financial systems.
[01:30:09.560 --> 01:30:11.560]  I see gold going up much higher.
[01:30:11.560 --> 01:30:14.560]  Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
[01:30:14.560 --> 01:30:19.560]  Everybody should have some of their assets in investment grade precious metals and Roberts and Roberts brokerage.
[01:30:19.560 --> 01:30:27.560]  You can buy gold, silver and platinum with confidence from a brokerage that specialized in the precious metals market since 1977.
[01:30:27.560 --> 01:30:32.560]  If you are new to precious metals, we will happily provide you with the information you need to make an informed decision.
[01:30:32.560 --> 01:30:35.560]  Whether or not you choose to purchase from us.
[01:30:35.560 --> 01:30:42.560]  Also, Roberts and Roberts brokerage values your privacy and will always advise you in the event that we would be required to report any transaction.
[01:30:42.560 --> 01:30:47.560]  If you have gold, silver or platinum you'd like to sell, we can convert it for immediate payment.
[01:30:47.560 --> 01:30:51.560]  Call us at 800-874-9760.
[01:30:51.560 --> 01:30:53.560]  We're Roberts and Roberts brokerage.
[01:30:53.560 --> 01:30:58.560]  800-874-9760.
[01:30:58.560 --> 01:31:02.560]  Yeah, who you want to chip? Who you think we for? Free Tony.
[01:31:02.560 --> 01:31:05.560]  Who you want to chip? Me no free Tony. You can't chip me.
[01:31:05.560 --> 01:31:07.560]  I'm a fact.
[01:31:07.560 --> 01:31:10.560]  All of them chip you in the morning, chip you in the evening.
[01:31:10.560 --> 01:31:12.560]  Put a chip in your body.
[01:31:12.560 --> 01:31:14.560]  And anyway you go computer reading.
[01:31:14.560 --> 01:31:16.560]  You can't hide me except I'm nobody.
[01:31:16.560 --> 01:31:19.560]  What me say? Chip in your mom, chip in your daddy.
[01:31:19.560 --> 01:31:22.560]  Chip in your grandpa and the granny.
[01:31:22.560 --> 01:31:24.560]  Chip in me, chip in your baby.
[01:31:24.560 --> 01:31:26.560]  Chip in your family, whole family.
[01:31:26.560 --> 01:31:29.560]  Chip in your dad and the cap around me.
[01:31:29.560 --> 01:31:31.560]  Chip in the beef and you still go eat it.
[01:31:31.560 --> 01:31:34.560]  Chip in the fish, them all in the sea.
[01:31:34.560 --> 01:31:36.560]  Chip in the shark and the whale around me.
[01:31:36.560 --> 01:31:38.560]  Do you see mankind gone too crazy?
[01:31:38.560 --> 01:31:41.560]  They think we're the king and they want to read it.
[01:31:41.560 --> 01:31:43.560]  Social security, they go tell me.
[01:31:43.560 --> 01:31:46.560]  Number when they give me, then we pick up your serum.
[01:31:46.560 --> 01:31:48.560]  Chip you in the morning, chip you in the evening.
[01:31:48.560 --> 01:31:50.560]  Chip you all the dinner time.
[01:31:50.560 --> 01:31:52.560]  Experiment on mankind.
[01:31:52.560 --> 01:31:55.560]  But man, you know, say them lies.
[01:31:55.560 --> 01:31:57.560]  Well, we don't want no chip.
[01:31:57.560 --> 01:31:58.560]  Man, you have your body.
[01:31:58.560 --> 01:31:59.560]  Freedom or something.
[01:31:59.560 --> 01:32:01.560]  Man, you fight for me.
[01:32:01.560 --> 01:32:03.560]  You should tell them the 3-D.
[01:32:03.560 --> 01:32:05.560]  Constitution set us free.
[01:32:05.560 --> 01:32:07.560]  Not that they put no chip in your body.
[01:32:07.560 --> 01:32:08.560]  Okay.
[01:32:08.560 --> 01:32:09.560]  We're back.
[01:32:09.560 --> 01:32:14.560]  The rule of law, Randy Carlson, Deborah Stevens, ruleoflawradio.com.
[01:32:14.560 --> 01:32:18.560]  I was speaking with Eddie Craig from Nacogdoches,
[01:32:18.560 --> 01:32:20.560]  and we were talking about discrepancies between code
[01:32:20.560 --> 01:32:23.560]  and the actual acts that are passed by Congress.
[01:32:23.560 --> 01:32:25.560]  So, Eddie, please continue.
[01:32:25.560 --> 01:32:30.560]  Yeah, it's just one of those things where whoever is trying to reinterpret
[01:32:30.560 --> 01:32:32.560]  what the legislature has said,
[01:32:32.560 --> 01:32:35.560]  they obviously have an agenda of their own in the way they construct something.
[01:32:35.560 --> 01:32:36.560]  Absolutely.
[01:32:36.560 --> 01:32:44.560]  And I think that whatever entity is doing that needs to be held accountable to the voters, really.
[01:32:44.560 --> 01:32:51.560]  Well, granted, I saw a perfect example of this when I was doing some consulting work up in D.C.
[01:32:51.560 --> 01:32:54.560]  I worked on the project for the federal government to rewrite the software
[01:32:54.560 --> 01:32:57.560]  that they used to construct the federal budget every year.
[01:32:57.560 --> 01:33:01.560]  And generally the software contract we had was to write the software for the congressmen
[01:33:01.560 --> 01:33:05.560]  so that they could see where their funds they wanted to allocate for their pet projects
[01:33:05.560 --> 01:33:08.560]  and the bills were going to.
[01:33:08.560 --> 01:33:11.560]  But when you get down to the nitty-gritty of what's going on,
[01:33:11.560 --> 01:33:16.560]  there are a handful of people in the basements of the capital buildings
[01:33:16.560 --> 01:33:20.560]  that actually control every aspect of where the money goes.
[01:33:20.560 --> 01:33:24.560]  And regardless of what the congressman on the floor is asking for,
[01:33:24.560 --> 01:33:28.560]  these people determine what projects to actually fund.
[01:33:28.560 --> 01:33:32.560]  And they're not even your elected officials.
[01:33:32.560 --> 01:33:36.560]  And I think to see something like that here in the state legislature.
[01:33:36.560 --> 01:33:42.560]  Yeah, I totally agree because, you know, we elect, quote-unquote,
[01:33:42.560 --> 01:33:47.560]  we really don't elect anybody anymore because the voting systems are completely fraudulent.
[01:33:47.560 --> 01:33:50.560]  They're totally rigged from the factory.
[01:33:50.560 --> 01:33:51.560]  That's a whole other show.
[01:33:51.560 --> 01:33:56.560]  But at any rate, at least there's an appearance that our lawmakers are accountable to us.
[01:33:56.560 --> 01:33:57.560]  But you know what?
[01:33:57.560 --> 01:34:01.560]  They could pass all kinds of laws that we may even think are good.
[01:34:01.560 --> 01:34:08.560]  And then whoever is, you know, interpreting them and putting all this together in the code,
[01:34:08.560 --> 01:34:10.560]  it could be totally different.
[01:34:10.560 --> 01:34:12.560]  And these people are not accountable to us.
[01:34:12.560 --> 01:34:14.560]  I don't like that.
[01:34:14.560 --> 01:34:15.560]  Yeah, that's exactly right.
[01:34:15.560 --> 01:34:22.560]  That goes to what we were talking about on the other issue of the city attorney doing the prosecuting in a municipal court.
[01:34:22.560 --> 01:34:24.560]  He's not accountable to the public.
[01:34:24.560 --> 01:34:25.560]  We didn't elect him.
[01:34:25.560 --> 01:34:26.560]  Right.
[01:34:26.560 --> 01:34:35.560]  So how can he represent the state, which in truth and fact is us, when it comes to prosecuting a case in that court?
[01:34:35.560 --> 01:34:36.560]  No kidding.
[01:34:36.560 --> 01:34:38.560]  He can't.
[01:34:38.560 --> 01:34:41.560]  It just goes to a common sense type thing.
[01:34:41.560 --> 01:34:42.560]  You can't represent us.
[01:34:42.560 --> 01:34:44.560]  We didn't elect you to represent us.
[01:34:44.560 --> 01:34:47.560]  And no one can appoint you to represent us.
[01:34:47.560 --> 01:34:49.560]  Right.
[01:34:49.560 --> 01:34:53.560]  Now, when I was researching case law for some of this,
[01:34:53.560 --> 01:35:00.560]  I tried to be very specific and stick as much as I could to specific fighting of cases here in Texas,
[01:35:00.560 --> 01:35:04.560]  because this is where the biggest battle and chunk of my time is spent.
[01:35:04.560 --> 01:35:14.560]  One of them that I found was very interesting is the city of San Antonio versus Fetzer at 241 Southwest 1034.
[01:35:14.560 --> 01:35:19.560]  And the excerpt from that is the streets of the cities of this country belong to the public.
[01:35:19.560 --> 01:35:28.560]  Primarily every member of the public has a natural right to the free use of such streets in the normal pursuit of his private or personal business or pleasure.
[01:35:28.560 --> 01:35:29.560]  Wow.
[01:35:29.560 --> 01:35:35.560]  The right of the public at large to the free use of the streets is paramount to the natural right of the individual.
[01:35:35.560 --> 01:35:36.560]  Wow.
[01:35:36.560 --> 01:35:39.560]  That was 231 Southwest 234?
[01:35:39.560 --> 01:35:42.560]  241 Southwest 1034.
[01:35:42.560 --> 01:35:44.560]  That's great.
[01:35:44.560 --> 01:35:45.560]  Yeah, it continues.
[01:35:45.560 --> 01:35:52.560]  The power of the city in exercising such control is limited only by the Constitution and general laws of the state.
[01:35:52.560 --> 01:36:09.560]  But neither the legislature nor the city commissioners has the power to take away or unreasonably abridge the natural rights of the citizen to the use of the streets in the manner and for the purpose we have set forth above.
[01:36:09.560 --> 01:36:14.560]  So when you get right down to it, here's where we're back to we own the roads, we own the roads.
[01:36:14.560 --> 01:36:24.560]  We have appointed them as caretakers to see to their condition, to see that they go where we need them to, and that they are managed in a way that makes them safe.
[01:36:24.560 --> 01:36:35.560]  But I have yet to find a police officer, prosecutor or judge who can explain to me how a square piece of plastic in my wallet keeps me safe.
[01:36:35.560 --> 01:36:36.560]  No kidding.
[01:36:36.560 --> 01:36:51.560]  And an example I actually used at trial once was I said, officer, now you're stipulating that this piece of plastic signifies that I would be safer with it than without it as a person driving upon the road, is that correct?
[01:36:51.560 --> 01:36:53.560]  So this offers a protection to me of some kind.
[01:36:53.560 --> 01:36:55.560]  Is that what you're saying?
[01:36:55.560 --> 01:36:56.560]  And he's going, well, yeah.
[01:36:56.560 --> 01:37:05.560]  And I said, well, fine, glue it to your forehead and run face first into the wall and see what kind of protection it gives you.
[01:37:05.560 --> 01:37:07.560]  Andy, you're good.
[01:37:07.560 --> 01:37:09.560]  That's hilarious.
[01:37:09.560 --> 01:37:17.560]  Yeah, I mean, it's just a nonsensical way that they use to make this happen and make it look like it's something that we all need to be abiding by.
[01:37:17.560 --> 01:37:26.560]  The fact of the matter is I am what makes me safe, my attitude, my abilities, not their rules and regulations.
[01:37:26.560 --> 01:37:29.560]  It's my attitude about how I control my car.
[01:37:29.560 --> 01:37:33.560]  It's how I treat the people around me and so on and so forth.
[01:37:33.560 --> 01:37:37.560]  We're back again after all of this, going through statutory reference and everything.
[01:37:37.560 --> 01:37:43.560]  We are down to the basic fundamental of individual responsibility and accountability.
[01:37:43.560 --> 01:37:44.560]  Yeah, no kidding.
[01:37:44.560 --> 01:37:47.560]  And that is what we are supposed to have.
[01:37:47.560 --> 01:37:52.560]  Yeah, and it's the same thing like you're saying the square piece of plastic is not going to make you safe.
[01:37:52.560 --> 01:37:56.560]  The cops sticking needles in our arms on the side of the road, that ain't going to make us safe either.
[01:37:56.560 --> 01:37:58.560]  In fact, that's very harmful and unsafe.
[01:37:58.560 --> 01:38:06.560]  Let's go with a statistic of their own. Officer, you're saying that having a driver's license makes me a safer driver, okay?
[01:38:06.560 --> 01:38:14.560]  Statistically, who is having more accidents, people with licenses or people without?
[01:38:14.560 --> 01:38:17.560]  So let's make that determination right now.
[01:38:17.560 --> 01:38:26.560]  I would guarantee you you're probably significantly higher in accidents by licensed drivers than unlicensed drivers.
[01:38:26.560 --> 01:38:28.560]  But then that's a false comparison.
[01:38:28.560 --> 01:38:32.560]  Because there's not as many unlicensed drivers.
[01:38:32.560 --> 01:38:49.560]  Unless you compare them, what's the term, compare the number of accidents with unlicensed drivers per capita to the number of accidents with licensed drivers.
[01:38:49.560 --> 01:38:58.560]  Well, but there can be a direct correlation, Randy, if you consider that because of the way they've made the rules and what they try to do to you for not having the license,
[01:38:58.560 --> 01:39:05.560]  an unlicensed driver will actually be more careful to avoid having to be involved with the police through an accident or something else.
[01:39:05.560 --> 01:39:06.560]  Yeah, no kidding.
[01:39:06.560 --> 01:39:09.560]  That's what I was thinking. He's going to watch himself real careful.
[01:39:09.560 --> 01:39:11.560]  Exactly. Why?
[01:39:11.560 --> 01:39:20.560]  Because when it all boils down to it, without all those so-called commercial protections that they're offering you in the form of insurance and all this,
[01:39:20.560 --> 01:39:27.560]  you are down to your responsibility and liability if you cause an accident.
[01:39:27.560 --> 01:39:33.560]  And that, above all things, is what keeps people honest when they have to be accountable for what they do.
[01:39:33.560 --> 01:39:36.560]  Right. Indeed.
[01:39:36.560 --> 01:39:44.560]  I mean, any of these things that people want, any of the information I've got, I would be very happy to email it to them.
[01:39:44.560 --> 01:39:51.560]  All they've got to do is just get in touch with me and they can reach me if it's all right to give out the email address.
[01:39:51.560 --> 01:39:52.560]  Absolutely.
[01:39:52.560 --> 01:39:57.560]  rangerx64 at gmail.com.
[01:39:57.560 --> 01:40:00.560]  You have documents that you can email people, Eddie?
[01:40:00.560 --> 01:40:02.560]  Yes, I've got research documents.
[01:40:02.560 --> 01:40:11.560]  If you want to send them to me, I'll post them for download on our website.
[01:40:11.560 --> 01:40:14.560]  Okay. I will do that.
[01:40:14.560 --> 01:40:23.560]  But let me know if it's like hundreds of mags or something so that I can give you a special email account or Skype it to me or something.
[01:40:23.560 --> 01:40:27.560]  Okay. If there's nothing else, I can put it up on an FTP and send you a link to it.
[01:40:27.560 --> 01:40:28.560]  Okay.
[01:40:28.560 --> 01:40:31.560]  And then you just pull what you want and post it.
[01:40:31.560 --> 01:40:34.560]  Well, this is just excellent information.
[01:40:34.560 --> 01:40:35.560]  Yeah.
[01:40:35.560 --> 01:40:42.560]  I mean, if you really start connecting all the dots that they give you, because if you pay careful attention,
[01:40:42.560 --> 01:40:47.560]  they will reference one section of the code and then they won't reference a section of the code.
[01:40:47.560 --> 01:40:56.560]  And I've come to the conclusion that there is always the necessity of saying, what does that word mean?
[01:40:56.560 --> 01:40:57.560]  Yeah.
[01:40:57.560 --> 01:40:58.560]  Really?
[01:40:58.560 --> 01:41:05.560]  And when you start looking for the individual words, you would be surprised where you find them sometimes.
[01:41:05.560 --> 01:41:09.560]  Not only what they mean, but where they come from.
[01:41:09.560 --> 01:41:12.560]  For instance, being the occupational license.
[01:41:12.560 --> 01:41:15.560]  It's in everything but the transportation code.
[01:41:15.560 --> 01:41:19.560]  Wow.
[01:41:19.560 --> 01:41:20.560]  That is interesting.
[01:41:20.560 --> 01:41:21.560]  That's amazing.
[01:41:21.560 --> 01:41:29.560]  And the occupational license tends to go to things like doctors and lawyers and engineers and plumbers?
[01:41:29.560 --> 01:41:30.560]  Right.
[01:41:30.560 --> 01:41:31.560]  Yeah. Well, yeah.
[01:41:31.560 --> 01:41:37.560]  It's someone that's engaged in a special type of privileged business occupation.
[01:41:37.560 --> 01:41:39.560]  A regulated business?
[01:41:39.560 --> 01:41:41.560]  Exactly.
[01:41:41.560 --> 01:41:47.560]  Something that requires permission and regulation to do.
[01:41:47.560 --> 01:41:48.560]  Okay.
[01:41:48.560 --> 01:41:53.560]  That would be the first thing I'd ask the cop, and exactly what business was I engaged in when you pulled me over?
[01:41:53.560 --> 01:41:54.560]  Exactly.
[01:41:54.560 --> 01:42:02.560]  I've noticed on some of the DPS tickets, they have a place to mark whether it's commercial or not.
[01:42:02.560 --> 01:42:03.560]  Correct.
[01:42:03.560 --> 01:42:12.560]  But as we discussed once before, that means that officer is setting himself up for a fall because that indicates he ought to know the difference.
[01:42:12.560 --> 01:42:20.560]  Especially if he's writing you a speeding ticket, and as we discussed, 201.904 speaks solely to commercial vehicles.
[01:42:20.560 --> 01:42:24.560]  And if he writes one that says, well, it's a non-commercial one, I wrote him a speeding ticket.
[01:42:24.560 --> 01:42:27.560]  He just admitted he committed a crime.
[01:42:27.560 --> 01:42:29.560]  Wow.
[01:42:29.560 --> 01:42:35.560]  And have you looked at the 543.006?
[01:42:35.560 --> 01:42:37.560]  Yeah. Were there arrests without warrant?
[01:42:37.560 --> 01:42:38.560]  Yes.
[01:42:38.560 --> 01:42:42.560]  And where the officer commits misconduct in office?
[01:42:42.560 --> 01:42:43.560]  Misconduct in office.
[01:42:43.560 --> 01:42:44.560]  Yes.
[01:42:44.560 --> 01:42:45.560]  I love that one.
[01:42:45.560 --> 01:42:48.560]  I've got my complaints already made up.
[01:42:48.560 --> 01:42:49.560]  Yeah.
[01:42:49.560 --> 01:42:56.560]  As a matter of fact, right before the show, I zipped up a bunch of the ones I've got for that stuff and sent them to you, if you'd mind taking a look at them.
[01:42:56.560 --> 01:42:59.560]  And you did get that narrative again, correct?
[01:42:59.560 --> 01:43:00.560]  Yes, I did.
[01:43:00.560 --> 01:43:03.560]  Okay.
[01:43:03.560 --> 01:43:14.560]  Yeah, I've actually, on the criminal complaints that I've started putting together, I actually used an example of one of theirs that they issue you for traffic court.
[01:43:14.560 --> 01:43:22.560]  But I went back to the statute, Randy, and I made sure that it spoke as far as the styling exactly the way the statute says it has to be.
[01:43:22.560 --> 01:43:24.560]  I don't want any technicalities getting hung up on these things.
[01:43:24.560 --> 01:43:25.560]  Yes.
[01:43:25.560 --> 01:43:26.560]  Yeah, really.
[01:43:26.560 --> 01:43:28.560]  Right down to the case of the style and everything.
[01:43:28.560 --> 01:43:30.560]  I've got it just the way the statute requires.
[01:43:30.560 --> 01:43:31.560]  Excellent.
[01:43:31.560 --> 01:43:43.560]  Now, the one thing I'm doing differently, which you'll notice in those complaints that I emailed you, in the body of the complaint where I specify what the crime was, are we going out there?
[01:43:43.560 --> 01:43:44.560]  Yeah, we're going to break.
[01:43:44.560 --> 01:43:48.560]  We'll talk about this on the other side, and we'll try to take some of your calls as well.
[01:43:48.560 --> 01:43:52.560]  This is Rule of Law, ruleoflawradio.com.
[01:43:52.560 --> 01:43:58.560]  We'll be right back.
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[01:45:36.560 --> 01:45:45.560]  Some things in this world I'll never understand, some things I realize fully.
[01:45:45.560 --> 01:45:53.560]  Somebody's gonna police that policeman, somebody's gonna police the bully.
[01:45:53.560 --> 01:46:03.560]  There's always a room at the top of the hill, I hear through the grave mine and it's lonely there too.
[01:46:03.560 --> 01:46:10.560]  They're wishing it was more than a position to build. They know that if they don't do it, it's done.
[01:46:34.560 --> 01:46:44.560]  I'm being very specific there in giving any references I need to as to what statute they violated to assist in the charge of the actual offense at the very bottom.
[01:46:44.560 --> 01:46:59.560]  And when I get down to the lower part of the body section, I separate the actual charge from the rest of the document and specify exactly what section of the code they violated, including the title, which is similar to what they do.
[01:46:59.560 --> 01:47:14.560]  But the other thing I'm doing is on the tail end of that, I am specifying the level of offense according to what other section of the law and whether or not it applies specifically to a public servant or not.
[01:47:14.560 --> 01:47:25.560]  Like for instance where it says in a section that if a public servant is the one committing this, then it goes up to this type of felony charge according to this section.
[01:47:25.560 --> 01:47:39.560]  So I leave them no breathing room as to, well, he didn't charge it correctly because I leave them right down to the exact subsection that says here is exactly why they were charged this way with this level of crime.
[01:47:39.560 --> 01:47:42.560]  Precisely. Chapter and verse.
[01:47:42.560 --> 01:47:50.560]  Correct. And so I am trying to be extremely careful to make sure that they don't have any way to say this is not a clear charge.
[01:47:50.560 --> 01:47:54.560]  Actually you're giving them nature and cause.
[01:47:54.560 --> 01:47:55.560]  Correct.
[01:47:55.560 --> 01:48:00.560]  You give them the nature of the crime and the cause before the court.
[01:48:00.560 --> 01:48:01.560]  Right.
[01:48:01.560 --> 01:48:05.560]  None of this. Speeding. Don't give me speeding. Give me the statute.
[01:48:05.560 --> 01:48:06.560]  Yeah.
[01:48:06.560 --> 01:48:22.560]  I had a guy call me. He had a, got a ticket for failure to yield right away and he was trying to adjudicate it and I, and he's a guy who does legal research. I ask him what are the elements.
[01:48:22.560 --> 01:48:28.560]  Duh. We'll go look it up. He looked it up. Call me back laughing hysterical.
[01:48:28.560 --> 01:48:38.560]  The statute says it is a crime to fail to yield right away while exiting an alley.
[01:48:38.560 --> 01:48:41.560]  I said, okay, what's the next paragraph.
[01:48:41.560 --> 01:48:45.560]  He said there is no next paragraph.
[01:48:45.560 --> 01:48:53.560]  You got to know exactly what the law is, exactly what you're charging. Yeah. He wasn't coming out of an alley. He wasn't coming out of an alley when they wrote in that ticket.
[01:48:53.560 --> 01:48:57.560]  Yeah. The cop just charged him with failure right away. He never read the statute.
[01:48:57.560 --> 01:49:08.560]  Yeah. I've had a similar thing happen. I actually had a police officer write me a ticket charging me with failure to use my blinker for a hundred feet before changing lanes.
[01:49:08.560 --> 01:49:11.560]  And that does not exist in statute.
[01:49:11.560 --> 01:49:12.560]  Wow.
[01:49:12.560 --> 01:49:19.560]  It doesn't specify a distance, a time limit, or a number of blinks on how many times your blinker must go off to change lanes.
[01:49:19.560 --> 01:49:21.560]  It just simply says you have to use it.
[01:49:21.560 --> 01:49:23.560]  Yeah. What if you have a slow blinker?
[01:49:23.560 --> 01:49:33.560]  Yeah. But now what it does say is that you have to use the blinker a hundred feet before making a turn.
[01:49:33.560 --> 01:49:42.560]  Now, what I actually had the cop say on the stand is that, well, a lane change is a turning motion.
[01:49:42.560 --> 01:49:43.560]  What?
[01:49:43.560 --> 01:49:50.560]  I'm going like, exactly how does changing lanes constitute a turning motion?
[01:49:50.560 --> 01:49:55.560]  He's going, well, the car moved from this direction to this direction. It turned.
[01:49:55.560 --> 01:50:01.560]  I was going, no, had I turned, I would have been under the trailer of the 18-wheeler running next to me.
[01:50:01.560 --> 01:50:05.560]  So obviously turning was not the thing to do.
[01:50:05.560 --> 01:50:09.560]  And then I got him on that when he pulled his little tape out. It very clearly showed.
[01:50:09.560 --> 01:50:12.560]  My blinker was on for almost a quarter mile.
[01:50:12.560 --> 01:50:13.560]  Wow.
[01:50:13.560 --> 01:50:16.560]  Because I couldn't go past the truck to get into the other lane.
[01:50:16.560 --> 01:50:19.560]  This was the videotape from his car?
[01:50:19.560 --> 01:50:25.560]  Yes. Now, have you ever noticed, Randy, how the perspective on those cameras is a bit off?
[01:50:25.560 --> 01:50:30.560]  They never show in the camera that the cop was riding your bumper so hard.
[01:50:30.560 --> 01:50:35.560]  You thought he was going to come up and get in your back seat?
[01:50:35.560 --> 01:50:40.560]  Exactly what this gentleman was doing. He was so close to the rear of my car.
[01:50:40.560 --> 01:50:44.560]  This was Sunday morning. I had my wife and my daughter in the car with me and we were on our way to church.
[01:50:44.560 --> 01:50:54.560]  He is so close to the bumper of our car that the reason I changed lanes was because I assumed he obviously wanted to go somewhere very badly.
[01:50:54.560 --> 01:51:02.560]  And yet the moment I changed lanes, after he had been riding my tail for half a mile, he flips on his light and pulls me over saying I didn't use my blinker.
[01:51:02.560 --> 01:51:04.560]  Oh, boy.
[01:51:04.560 --> 01:51:07.560]  And you should have charged him with reckless driving.
[01:51:07.560 --> 01:51:14.560]  I did more than that. I charged him with aggravated assault with a deadly weapon.
[01:51:14.560 --> 01:51:16.560]  What did he do?
[01:51:16.560 --> 01:51:22.560]  Well, the court threw it out. But the fact of the matter is, his car is a deadly weapon in high-speed traffic.
[01:51:22.560 --> 01:51:29.560]  And when he's using it to instigate an action out of me, that's deadly conduct.
[01:51:29.560 --> 01:51:31.560]  Wonderful.
[01:51:31.560 --> 01:51:32.560]  Oh, my goodness.
[01:51:32.560 --> 01:51:33.560]  Wait, the court threw it out?
[01:51:33.560 --> 01:51:34.560]  Yeah.
[01:51:34.560 --> 01:51:36.560]  Did the court hold an examining trial?
[01:51:36.560 --> 01:51:37.560]  No.
[01:51:37.560 --> 01:51:44.560]  Did the court seal all the documents in an envelope, cause his name to be written across the seal, and forward it to the clerk of the proper court?
[01:51:44.560 --> 01:51:54.560]  No. And see, this was several years ago before I had the information I've got now as far as how to go back and get even with them on this through the criminal charges side.
[01:51:54.560 --> 01:51:59.560]  Well, Eddie, did you present your criminal complaint to the judge in the traffic case?
[01:51:59.560 --> 01:52:00.560]  Yes, I did.
[01:52:00.560 --> 01:52:07.560]  Okay. So you invoked his duty as a magistrate, and he refused to deal with the complaint. So that's violation of law.
[01:52:07.560 --> 01:52:08.560]  Correct.
[01:52:08.560 --> 01:52:18.560]  Well, no, actually better. You can say since he threw it out, he held the examining trial. He found no probable cause.
[01:52:18.560 --> 01:52:20.560]  To charge the cop?
[01:52:20.560 --> 01:52:29.560]  Yeah. Well, once he finds no probable cause, his duty under 1730 is clear, and that gets him under a felony instead of a Class A misdemeanor.
[01:52:29.560 --> 01:52:31.560]  What did he have to do then, Randy?
[01:52:31.560 --> 01:52:38.560]  Seal all the documents, head in the hearing in an envelope, cause his name to be written across the seal, forward it to the clerk of the proper court.
[01:52:38.560 --> 01:52:45.560]  That gets the, whether he finds no probable cause or not, it still gets filed with the court.
[01:52:45.560 --> 01:52:50.560]  Yeah, this is the same judge, Randy, that I told you testified from the bench during this case.
[01:52:50.560 --> 01:52:51.560]  What?
[01:52:51.560 --> 01:52:59.560]  When I started pointing out the transportation code sections that I've read to y'all tonight about what says what, he literally sat there on the bench and told the jury,
[01:52:59.560 --> 01:53:03.560]  it does not say that.
[01:53:03.560 --> 01:53:04.560]  Whoa.
[01:53:04.560 --> 01:53:10.560]  Now, he is speaking to the evidence, which he is forbidden to do, and he is testifying from the bench.
[01:53:10.560 --> 01:53:11.560]  Whoa.
[01:53:11.560 --> 01:53:15.560]  I would have asked the bailiff to drag him off the bench.
[01:53:15.560 --> 01:53:18.560]  Well, I did, but unfortunately the bailiff was like, uh-uh.
[01:53:18.560 --> 01:53:24.560]  That's the way I tell the bailiff, you know, life is filled with little decisions, Bubba. I can't sue that judge.
[01:53:24.560 --> 01:53:31.560]  You've been at that aspect of it much longer than I have. I'm a fairly new guy at that part, but I'm getting in it in a hurry.
[01:53:31.560 --> 01:53:40.560]  It does good when you tell the bailiff that you can't sue the judge, but I can sue you for what he's doing.
[01:53:40.560 --> 01:53:41.560]  Right.
[01:53:41.560 --> 01:53:42.560]  So it's your call.
[01:53:42.560 --> 01:53:47.560]  Listen, we only have like five minutes left. Let's try to take a couple of callers before the end of the show here.
[01:53:47.560 --> 01:53:48.560]  Okay.
[01:53:48.560 --> 01:53:54.560]  I know George is the driver. Very quickly, very quickly, so that we can try to take as many calls as we can.
[01:53:54.560 --> 01:53:57.560]  George, what's on your mind? What's your question for Eddie?
[01:53:57.560 --> 01:53:58.560]  Hey, how are you doing?
[01:53:58.560 --> 01:53:58.560]  Good.
[01:53:58.560 --> 01:53:59.560]  All right. How are you?
[01:53:59.560 --> 01:54:02.560]  You know, the thing is, we always talk about speeding tickets.
[01:54:02.560 --> 01:54:10.560]  You know, the thing is, I think one of the biggest frauds the state puts on the people is forcing people to get their cars inspected,
[01:54:10.560 --> 01:54:13.560]  get the sticker, get the registration, get the plate.
[01:54:13.560 --> 01:54:19.560]  We're going to find out that technically the state is the owner of your vehicle, or they say they do,
[01:54:19.560 --> 01:54:25.560]  and that's why they force us to register and all that. Isn't that fraud?
[01:54:25.560 --> 01:54:33.560]  Yeah, it would be fraud because you consider that when the manufacturer's certificate of origin is handed out from the dealer,
[01:54:33.560 --> 01:54:35.560]  it is shipped directly to Austin, Texas.
[01:54:35.560 --> 01:54:38.560]  It is not given to the person that purchased the car.
[01:54:38.560 --> 01:54:44.560]  If you actually look up in the business and commerce code what a certificate, a manufacturer's certificate of origin
[01:54:44.560 --> 01:54:54.560]  or statement of origin is, it tells you that it is a document that specifies who is the lien holder.
[01:54:54.560 --> 01:55:00.560]  And that's the key to that. That document specifies who holds a lien to that car.
[01:55:00.560 --> 01:55:05.560]  If you bought it outright, that document should have been handed to you.
[01:55:05.560 --> 01:55:09.560]  Instead, it was mailed to Austin, put on microfiche, and the original was burned.
[01:55:09.560 --> 01:55:10.560]  Yep, that's right.
[01:55:10.560 --> 01:55:14.560]  So it shows that the state has a lien on my car?
[01:55:14.560 --> 01:55:21.560]  No. You've got to remember possession is nine-tenths of the law. Who holds the MSO holds true ownership.
[01:55:21.560 --> 01:55:25.560]  And if you don't believe that, look up the definition of legal title.
[01:55:25.560 --> 01:55:31.560]  Legal title says you have an interest but not true ownership in a piece of property.
[01:55:31.560 --> 01:55:32.560]  Wow.
[01:55:32.560 --> 01:55:41.560]  Then the one, I was looking for the Patsy. So the Patsy would be the person you buy from for fraud.
[01:55:41.560 --> 01:55:47.560]  Yeah, because he committed fraud by sending your title to someone else without your consent.
[01:55:47.560 --> 01:55:50.560]  That would be the car company if you bought it new?
[01:55:50.560 --> 01:55:51.560]  Correct.
[01:55:51.560 --> 01:55:52.560]  Right.
[01:55:52.560 --> 01:55:56.560]  That would be fun. But I don't see the purpose, but it would be...
[01:55:56.560 --> 01:56:05.560]  Well, the purpose is so that we can actually own our vehicles, so that we can have the real title, not a certificate of title.
[01:56:05.560 --> 01:56:10.560]  Exactly, Deborah. That's the key to that whole thing about why the certificate of title exists.
[01:56:10.560 --> 01:56:14.560]  It gives you legal title but not owner title.
[01:56:14.560 --> 01:56:16.560]  Exactly, exactly.
[01:56:16.560 --> 01:56:20.560]  And that's where the concept of the state really owns your car comes from.
[01:56:20.560 --> 01:56:21.560]  Yep.
[01:56:21.560 --> 01:56:24.560]  Well, I never understood the importance.
[01:56:24.560 --> 01:56:29.560]  The importance is that there's a big difference between legal title and true ownership, Randy.
[01:56:29.560 --> 01:56:34.560]  I can't find it. I can do with my vehicle. I treat it just like I own it.
[01:56:34.560 --> 01:56:41.560]  For now, but if the true owner wanted to step forward and take it, they could.
[01:56:41.560 --> 01:56:42.560]  Then I go...
[01:56:42.560 --> 01:56:47.560]  Exactly. They could make you license it, regulate it, register it, inspect it, all of it.
[01:56:47.560 --> 01:56:48.560]  Exactly.
[01:56:48.560 --> 01:56:50.560]  Well, they can only do that if it's commercial.
[01:56:50.560 --> 01:56:52.560]  And they can confiscate it too.
[01:56:52.560 --> 01:56:58.560]  Not if they own it, Randy. If they own it and they're letting you use it, you have to do what they say regarding that.
[01:56:58.560 --> 01:57:04.560]  That's right. That's right. They've really pulled the wool over people's eyes about this car ownership thing. Big time.
[01:57:04.560 --> 01:57:13.560]  No. Actually, under law, if you loan me your car, I can do whatever I want to with it.
[01:57:13.560 --> 01:57:16.560]  Right. But you're responsible to me for that car.
[01:57:16.560 --> 01:57:21.560]  Yeah. If I damage it, then I'm responsible to you for the damage. I'm not sure about that.
[01:57:21.560 --> 01:57:23.560]  Well, the thing is...
[01:57:23.560 --> 01:57:27.560]  If you give it to me, if you put it in my possession, it changes everything.
[01:57:27.560 --> 01:57:29.560]  Yeah, but the thing is, Randy...
[01:57:29.560 --> 01:57:34.560]  If you and I sit down, Randy, and come up with a contract that gives specifics of use, terms of use...
[01:57:34.560 --> 01:57:36.560]  Yeah, that's right. Terms of use.
[01:57:36.560 --> 01:57:39.560] ...and all of that, and you don't abide by those, what happens?
[01:57:39.560 --> 01:57:44.560]  Yeah, but I don't have a contract with the state for terms of use.
[01:57:44.560 --> 01:57:50.560]  It's an implied contract if you've got that license. You have to go by their regulations, right?
[01:57:50.560 --> 01:57:58.560]  Yeah, I mean, if I own a car, and I want to loan it to somebody, I can set terms.
[01:57:58.560 --> 01:58:03.560]  Yeah, but they didn't. Alidas makes this argument a lot.
[01:58:03.560 --> 01:58:10.560]  Well, they are now, Randy, because they're requiring a driver's license in order for you to get a certificate of title, so now they are.
[01:58:10.560 --> 01:58:14.560]  But see, they kind of shoot themselves in the foot with that driver's license.
[01:58:14.560 --> 01:58:22.560]  If you take it from a logical standpoint, no insurance company will give a private person insurance if they don't have a license.
[01:58:22.560 --> 01:58:24.560]  Yeah, interesting.
[01:58:24.560 --> 01:58:33.560]  Okay, so if you're not required to have a license by a policy or anything else, insurance companies generally will not give you insurance.
[01:58:33.560 --> 01:58:40.560]  That's why they have these insurance co-ops for people that don't want to participate in the driver's license system.
[01:58:40.560 --> 01:58:41.560]  Exactly.
[01:58:41.560 --> 01:58:47.560]  Okay, listen, we are at the end of the show. Eddie, this has been awesome. I'm sorry, callers. We don't have time for any more calls.
[01:58:47.560 --> 01:58:51.560]  And, Eddie, we're going to have you back for our show to get more further into this traffic issue.
[01:58:51.560 --> 01:58:53.560]  I'll be glad to, just let me know.
[01:58:53.560 --> 01:59:12.560]  All right, we'll be back Thursday night, rule of law.
[01:59:23.560 --> 01:59:45.560]  Thank you.
[01:59:45.560 --> 01:59:54.560]  Thank you.