[00:00.000 --> 00:09.000]  Yeah, I'll say, oh yeah, yeah
[00:09.000 --> 00:15.000]  Away, away, to the world, that's it, away
[00:15.000 --> 00:21.000]  Away, away, to the world, that's it, away
[00:21.000 --> 00:28.000]  That's it, away, to the world, that's it, away
[00:28.000 --> 00:31.000]  Everybody come to one city story
[00:31.000 --> 00:34.000]  They use the vote machine and then rob a bank
[00:34.000 --> 00:37.000]  I think I missed a bus, still election can't be
[00:37.000 --> 00:41.000]  When I see what happened in that Ohio State, you see
[00:41.000 --> 00:44.000]  The gang used to hack us and gone happy
[00:44.000 --> 00:47.000]  Two ladies get a little referee
[00:47.000 --> 00:50.000]  Now, three years later, grandma tell me
[00:50.000 --> 00:54.000]  Four years ago, she did three, now they come three
[00:54.000 --> 00:57.000]  Away, away
[00:57.000 --> 01:00.000]  To the vote machine, away
[01:00.000 --> 01:03.000]  Away, away
[01:03.000 --> 01:07.000]  To the vote machine, away
[01:07.000 --> 01:10.000]  Paper ballots, just like our wallets
[01:10.000 --> 01:13.000]  We always gotta see them
[01:13.000 --> 01:18.000]  So we can get our freedom
[01:18.000 --> 01:24.000]  Count them one by one by one
[01:24.000 --> 01:27.000]  And we watch the river run, run, run
[01:27.000 --> 01:30.000]  All right, we are back.
[01:30.000 --> 01:35.000]  After hours, after midnight edition of The Rule of Law.
[01:35.000 --> 01:38.000]  Here, Randy Kelton, Deborah Stevens, Eddie Craig.
[01:38.000 --> 01:44.000]  We're here with John, formerly of the team that
[01:44.000 --> 01:48.000]  investigates Medicare fraud.
[01:48.000 --> 01:50.000]  Medicaid, sorry, Medicaid.
[01:50.000 --> 01:56.000]  Okay, we're talking with David in Austin
[01:56.000 --> 02:00.000]  about the homesteading rights and the interest
[02:00.000 --> 02:04.000]  and the fees and all this closing costs and such.
[02:04.000 --> 02:06.000]  So please continue, David.
[02:06.000 --> 02:11.000]  Okay, anyway, the Constitution presently says that
[02:11.000 --> 02:16.000]  once you exceed 3% of the face amount of the loan
[02:16.000 --> 02:21.000]  that when you notify the mortgage company that they've exceeded that 3%,
[02:21.000 --> 02:25.000]  they have 90 days to either refund it
[02:25.000 --> 02:31.000]  or if they fail to refund the excess of 3%,
[02:31.000 --> 02:36.000]  then the whole note becomes null and void.
[02:36.000 --> 02:39.000]  Okay, how did you notify them?
[02:39.000 --> 02:41.000]  By certified mail.
[02:41.000 --> 02:42.000]  Good man.
[02:42.000 --> 02:44.000]  And I did it twice.
[02:44.000 --> 02:48.000]  And the first time, the first time I did it,
[02:48.000 --> 02:53.000]  the mortgage company said they sold the note the day before the 90th date
[02:53.000 --> 02:58.000]  to another company, which really had the same addresses
[02:58.000 --> 03:01.000]  as the first one with a different name.
[03:01.000 --> 03:09.000]  So I continued on my path for about three or four months
[03:09.000 --> 03:14.000]  and then I notified the second one after they were established
[03:14.000 --> 03:19.000]  in my beta wick of information.
[03:19.000 --> 03:26.000]  I established that they, and the mortgage says that, and the signs.
[03:26.000 --> 03:29.000]  So the second company wasn't a sign of the first,
[03:29.000 --> 03:35.000]  so the law, also the Constitution says and a sign.
[03:35.000 --> 03:41.000]  So I believe that the second company had to just stand in the shoes of the first
[03:41.000 --> 03:44.000]  and pick right up where they had been notified.
[03:44.000 --> 03:48.000]  So I notified the second company the same way.
[03:48.000 --> 03:51.000]  Wait a minute, I have a question.
[03:51.000 --> 03:52.000]  Go ahead.
[03:52.000 --> 03:57.000]  What contractual arrangement did you have with the assigned?
[03:57.000 --> 04:02.000]  I had no contractual arrangement, only had the original.
[04:02.000 --> 04:09.000]  I signed no papers since six years ago when the first...
[04:09.000 --> 04:16.000]  I suggest that you file an action in the district court
[04:16.000 --> 04:27.000]  and you file a complaint asking the court to rule that the mortgage company
[04:27.000 --> 04:32.000]  has violated this provision and defaulted.
[04:32.000 --> 04:35.000]  That provision of the Texas Constitution?
[04:35.000 --> 04:42.000]  Yes, and then file the action and at the same time file a petition,
[04:42.000 --> 04:46.000]  I mean a summary judgment motion.
[04:46.000 --> 04:48.000]  Summary for judgment motion?
[04:48.000 --> 04:49.000]  Summary judgment.
[04:49.000 --> 04:51.000]  Motion for summary judgment.
[04:51.000 --> 04:52.000]  Okay.
[04:52.000 --> 04:59.000]  What summary judgment is, if there are no issues in contention,
[04:59.000 --> 05:03.000]  no material facts in contention,
[05:03.000 --> 05:08.000]  that here are the amounts that you've been charged,
[05:08.000 --> 05:14.000]  the amounts exceed this Constitutional limit,
[05:14.000 --> 05:20.000]  here is your certified notice to them
[05:20.000 --> 05:31.000]  and here is your assertion that they haven't refunded.
[05:31.000 --> 05:32.000]  Okay.
[05:32.000 --> 05:34.000]  Move for summary judgment.
[05:34.000 --> 05:40.000]  Now what they will have to do is refute and if this is unrefutable,
[05:40.000 --> 05:44.000]  then you have grounds for summary judgment.
[05:44.000 --> 05:50.000]  Okay, and that would be up to the judge, should I ask for a jury trial?
[05:50.000 --> 05:55.000]  No, no, no, this is summary judgment, bang, this is gone.
[05:55.000 --> 06:02.000]  Unless the other side can show that they took some action that's appropriate under law,
[06:02.000 --> 06:09.000]  which apparently they have not, then they can't contest any of the...
[06:09.000 --> 06:13.000]  Okay, in saying this, something else comes to mind.
[06:13.000 --> 06:23.000]  What you might want to do, file a petition claiming that they violated this provision
[06:23.000 --> 06:30.000]  and sue for cancellation of the note.
[06:30.000 --> 06:36.000]  And at the same time, prepare discovery.
[06:36.000 --> 06:40.000]  In civil actions, discovery is great fun.
[06:40.000 --> 06:48.000]  What you want to do is prepare emissions.
[06:48.000 --> 06:58.000]  You state that the cost exceeded the limit,
[06:58.000 --> 07:02.000]  exceeded the limit forbidden by the Constitution.
[07:02.000 --> 07:03.000]  Okay.
[07:03.000 --> 07:07.000]  Admit it or deny it and here's the deal.
[07:07.000 --> 07:11.000]  In admissions, you get to ask for production.
[07:11.000 --> 07:14.000]  You can ask them to produce documents.
[07:14.000 --> 07:17.000]  You can send interrogatories.
[07:17.000 --> 07:20.000]  You can ask them questions.
[07:20.000 --> 07:24.000]  You're limited to 25 questions you can ask.
[07:24.000 --> 07:27.000]  And then the best one is admissions.
[07:27.000 --> 07:32.000]  Admissions eliminates the need to adjudicate facts.
[07:32.000 --> 07:39.000]  So you ask them to admit things that can absolutely be proven.
[07:39.000 --> 07:47.000]  And you ask them to admit that the cost they assessed exceeded the Constitutional limit.
[07:47.000 --> 07:53.000]  You ask them to admit that they were notified by certified mail.
[07:53.000 --> 08:00.000]  And you just say the costs assessed by the mortgage company exceeded the Constitutional limits.
[08:00.000 --> 08:02.000]  Admit it, deny it.
[08:02.000 --> 08:10.000]  Now, if they deny it and you can prove that it's true, that's aggravated perjury.
[08:10.000 --> 08:13.000]  They have to answer this under oath.
[08:13.000 --> 08:14.000]  Okay.
[08:14.000 --> 08:16.000]  So, okay.
[08:16.000 --> 08:22.000]  And if they don't answer it at all, then they admit it.
[08:22.000 --> 08:28.000]  If they don't answer, they've admitted it by not answering and you ask for summary judgment then.
[08:28.000 --> 08:29.000]  Exactly.
[08:29.000 --> 08:32.000]  Now, there are no facts in contention.
[08:32.000 --> 08:33.000]  Okay.
[08:33.000 --> 08:41.000]  You ask all the questions that are pertinent to the resolution you want.
[08:41.000 --> 08:52.000]  They either, if they deny one of them and you can prove that it is actually true, you file aggravated perjury against them.
[08:52.000 --> 08:54.000]  They're not going to want that.
[08:54.000 --> 08:55.000]  All right.
[08:55.000 --> 09:04.000]  What they tend to do if they can't deny it, they ignore it and hope you don't know that you can.
[09:04.000 --> 09:13.000]  Then what you do is you file a motion for summary judgment and you do a judicial notice.
[09:13.000 --> 09:17.000]  You file a judicial notice in your summary judgment motion.
[09:17.000 --> 09:28.000]  You notice the court that the opposing party admitted to this fact and to this fact and to this fact.
[09:28.000 --> 09:39.000]  And based on these facts, there are no matters in contention, material facts in contention.
[09:39.000 --> 09:45.000]  And based on these facts, you have a right to this decision.
[09:45.000 --> 09:48.000]  Which is okay.
[09:48.000 --> 09:51.000]  That's basically how it's done.
[09:51.000 --> 10:04.000]  I filed in earlier and left my number and had the gentleman ask him to give it to you so I could discuss this at length with you because I need to learn the process.
[10:04.000 --> 10:05.000]  Okay.
[10:05.000 --> 10:06.000]  Okay.
[10:06.000 --> 10:07.000]  You're in Texas?
[10:07.000 --> 10:08.000]  I'm in Austin, yes.
[10:08.000 --> 10:09.000]  Okay.
[10:09.000 --> 10:10.000]  You're in Austin.
[10:10.000 --> 10:11.000]  Okay.
[10:11.000 --> 10:12.000]  Here's what I suggest.
[10:12.000 --> 10:16.000]  Do you know an attorney?
[10:16.000 --> 10:18.000]  I know several, yes.
[10:18.000 --> 10:19.000]  Okay.
[10:19.000 --> 10:31.000]  Call one of them and say, hey, guys, I'm trying to find a O'Connor's civil trial litigation guy or O'Connor's civil trials.
[10:31.000 --> 10:32.000]  Okay.
[10:32.000 --> 10:38.000]  Do you know any attorneys who's bought some new ones and they want to get rid of the old ones?
[10:38.000 --> 10:42.000]  I think the bookstore has some.
[10:42.000 --> 10:45.000]  Well, you can probably get a whole set from a law firm.
[10:45.000 --> 10:46.000]  Okay.
[10:46.000 --> 10:50.000]  A law firm always wants to quote the latest law.
[10:50.000 --> 10:55.000]  So they will buy new ones every time O'Connor splits one out.
[10:55.000 --> 10:56.000]  Okay.
[10:56.000 --> 10:58.000]  And then their old ones are obsolete.
[10:58.000 --> 11:02.000]  But for us, we don't care if it's a couple of years old.
[11:02.000 --> 11:14.000]  What you'll find in there is in O'Connor's civil practice, the front half of the book are commentaries.
[11:14.000 --> 11:18.000]  And you go into the commentaries and you look up summary judgment.
[11:18.000 --> 11:28.000]  And it will tell you how to prepare a summary judgment motion, when to prepare a summary judgment motion, exactly what needs to be in there.
[11:28.000 --> 11:32.000]  It will tell you how to defend against the summary judgment motion.
[11:32.000 --> 11:35.000]  And just about everything you can file is in there.
[11:35.000 --> 11:39.000]  This is better than law school.
[11:39.000 --> 11:45.000]  Law school teaches you about the theory of law.
[11:45.000 --> 11:49.000]  They don't teach you how to actually litigate.
[11:49.000 --> 11:50.000]  That's why they call it practice.
[11:50.000 --> 11:58.000]  Because you get out of law school and then you start learning how to actually file motions and deal with the court.
[11:58.000 --> 12:00.000]  None of that is taught in law school.
[12:00.000 --> 12:02.000]  That's what O'Connor's is.
[12:02.000 --> 12:06.000]  It is the best I've ever seen anywhere in any state.
[12:06.000 --> 12:10.000]  And these attorneys, they get new ones every year.
[12:10.000 --> 12:11.000]  She writes it down.
[12:11.000 --> 12:13.000]  She does it.
[12:13.000 --> 12:15.000]  This is, it's just so well done.
[12:15.000 --> 12:24.000]  I've seen other litigation guides, like from Pennsylvania and New York, that none of them come close to what we've got in Texas.
[12:24.000 --> 12:25.000]  You get O'Connor's.
[12:25.000 --> 12:27.000]  You look through that.
[12:27.000 --> 12:28.000]  It will explain.
[12:28.000 --> 12:32.000]  Anybody can understand from what they give you.
[12:32.000 --> 12:41.000]  And if you know several attorneys, I had someone do a, Randy Martin, call me.
[12:41.000 --> 12:45.000]  Because he found a set on Craigslist for 10 bucks a book.
[12:45.000 --> 12:46.000]  Okay.
[12:46.000 --> 12:50.000]  And Randy, in case you're not looking at the call screen, we have about 10 callers.
[12:50.000 --> 12:51.000]  Oh, okay.
[12:50.000 --> 12:51.000]  I'm sorry.
[12:51.000 --> 12:52.000]  Okay.
[12:52.000 --> 12:53.000]  Yeah.
[12:52.000 --> 12:55.000]  And I don't want to make people wait until 3 a.m., really.
[12:55.000 --> 12:56.000]  Okay.
[12:55.000 --> 12:56.000]  I'm sorry.
[12:56.000 --> 13:03.000]  But call some attorneys and see if you can find a set of books, a set of O'Connor's that are getting read out.
[13:03.000 --> 13:04.000]  Yeah.
[13:04.000 --> 13:05.000]  And you can look it up in there.
[13:05.000 --> 13:06.000]  It will make this real easy.
[13:06.000 --> 13:08.000]  That's the quickest way we can get to it.
[13:08.000 --> 13:09.000]  Okay.
[13:08.000 --> 13:09.000]  Thank you, Randy.
[13:09.000 --> 13:12.000]  I'll talk to you again.
[13:12.000 --> 13:13.000]  Okay.
[13:12.000 --> 13:17.000]  And you can email me at randy at ruleoflawradio.com.
[13:17.000 --> 13:19.000]  Randy at ruleoflaw.com.
[13:19.000 --> 13:20.000]  Okay.
[13:20.000 --> 13:21.000]  No, Rule of Law Radio.
[13:21.000 --> 13:22.000]  Right.
[13:22.000 --> 13:23.000]  I'll just shorten it.
[13:23.000 --> 13:24.000]  Okay.
[13:24.000 --> 13:25.000]  Okay.
[13:25.000 --> 13:26.000]  Good.
[13:26.000 --> 13:27.000]  Thank you very much.
[13:27.000 --> 13:28.000]  Okay.
[13:28.000 --> 13:29.000]  Thank you.
[13:29.000 --> 13:30.000]  Thank you.
[13:30.000 --> 13:31.000]  Okay.
[13:31.000 --> 13:36.000]  We are going to go to Freeman, who's been waiting for a long time.
[13:36.000 --> 13:39.000]  We've got Tim, Marcus, Scott, Steve, and more.
[13:39.000 --> 13:41.000]  Freeman, you there?
[13:41.000 --> 13:42.000]  Yes, I am.
[13:42.000 --> 13:43.000]  Can you hear me?
[13:43.000 --> 13:44.000]  Yes.
[13:44.000 --> 13:56.000]  Now, I have various things I want to ask tonight, and I don't think any of them are really main topics, so hopefully we can get through them.
[13:56.000 --> 13:57.000]  Okay.
[13:57.000 --> 13:59.000]  Just one warning, Freeman.
[13:59.000 --> 14:02.000]  I have my mic taser on.
[14:02.000 --> 14:06.000]  Well, it sounds to me like we're covering a bunch of topics tonight.
[14:06.000 --> 14:09.000]  I mean, it's kind of open topics right now.
[14:09.000 --> 14:10.000]  I'm just kidding.
[14:10.000 --> 14:14.000]  I will taser him just for the heck of it.
[14:14.000 --> 14:15.000]  Go ahead.
[14:15.000 --> 14:16.000]  I'm just teasing.
[14:16.000 --> 14:18.000]  Hey, some words of warning about tasers.
[14:18.000 --> 14:28.000]  They say old people, very small people, very young people, and people hyped up on drugs or with heart conditions and whatnot shouldn't be tasered.
[14:28.000 --> 14:29.000]  They can die.
[14:29.000 --> 14:39.000]  That would be a very bad thing, and one other caveat might be people with augmented body parts.
[14:39.000 --> 14:50.000]  So if you have some kind of a silicone implant, you probably don't want to get tasered because you could die of silicone poisoning very easily if you get my drip.
[14:50.000 --> 15:00.000]  Oh, so all of these things that look like muscles on me that's really silicone, I could...
[15:00.000 --> 15:04.000]  I'm like a balloon, Randy.
[15:04.000 --> 15:07.000]  Now, then they're going to get you for environmental.
[15:07.000 --> 15:09.000]  Yeah, they probably would.
[15:09.000 --> 15:10.000]  Okay.
[15:10.000 --> 15:12.000]  Freeman, what's your question?
[15:12.000 --> 15:13.000]  Well, I have a few questions.
[15:13.000 --> 15:20.000]  The first one was, as far as O'Connor's causes of action, is that something more specific to Texas?
[15:20.000 --> 15:39.000]  It is, but if you're in Minnesota, if you call a law firm and tell them that you're doing homeschooling and ask them, do you have any obsolete litigation guides?
[15:39.000 --> 15:42.000]  That's generally what these are called, litigation guides.
[15:42.000 --> 15:45.000]  Attorneys get out of law school, they don't know squat.
[15:45.000 --> 15:48.000]  They don't teach them how to file a motion.
[15:48.000 --> 15:52.000]  They don't teach them any of this stuff of the actual practice of law.
[15:52.000 --> 15:58.000]  So in every state, they'll have two or three attorneys who produce litigation guides.
[15:58.000 --> 16:05.000]  And if an attorney gets a case that he normally doesn't handle, he just goes to the litigation guide and it tells him how to do it.
[16:05.000 --> 16:18.000]  Well, if you're looking for an attorney who should know his way through the system, maybe a good point would be to seek an attorney who has been a publisher, promulgator.
[16:18.000 --> 16:20.000]  There's only two or three.
[16:20.000 --> 16:22.000]  There's generally not very many.
[16:22.000 --> 16:28.000]  And those are extremely proficient attorneys, and they would be out of most everybody's league.
[16:28.000 --> 16:38.000]  The point of this is, is you call a law firm and ask them if they have any old litigation guides they'd like to get rid of.
[16:38.000 --> 16:51.000]  See, the attorney wants to quote the most current law, but we're more interested in the basics, and those won't change from year to year.
[16:51.000 --> 16:57.000]  And the litigation guide tells you step by step, this is how you do it.
[16:57.000 --> 17:03.000]  So if you get one that's two or three years old, I've got a set that's a couple years old, and it is great.
[17:03.000 --> 17:06.000]  Saves me an incredible amount of time.
[17:06.000 --> 17:12.000]  If I want to file a writamandamus, I just go into the guide, look up writamandamus, tells me everything I need to know about it.
[17:12.000 --> 17:19.000]  So call around a couple of law firms and ask them, do you have a set of guides around that you want to get rid of?
[17:19.000 --> 17:22.000]  Or if you don't, do you know somebody who might?
[17:22.000 --> 17:27.000]  I told this to a woman in Amarillo who was homeschooling.
[17:27.000 --> 17:34.000]  Her second call got her an entire set donated to her.
[17:34.000 --> 17:36.000]  Better than mine.
[17:36.000 --> 17:37.000]  She got it for free.
[17:37.000 --> 17:40.000]  The attorney said, just come and get it, get it out of my way.
[17:40.000 --> 17:41.000]  Awesome.
[17:41.000 --> 17:47.000]  So call around a few attorneys and ask them what they use as litigation guides.
[17:47.000 --> 17:51.000]  And then, you know, they'll tell you what the best names are.
[17:51.000 --> 17:54.000]  And then ask them if they know anybody has any old ones.
[17:54.000 --> 18:01.000]  That's probably the easiest way you can solve 90% of your questions, they seem to ask, answered quickly.
[18:01.000 --> 18:11.000]  Do you think when I call some law firms here in Minnesota, the most corrupt state in the whole country for the judiciary, possibly,
[18:11.000 --> 18:17.000]  do you think that they'll refer me to the old set of O'Conners, or do you think it'll more likely?
[18:17.000 --> 18:18.000]  Oh, no, it won't be O'Conners.
[18:18.000 --> 18:21.000]  O'Conners is specific to Texas.
[18:21.000 --> 18:22.000]  Okay.
[18:22.000 --> 18:26.000]  Each state has a different one.
[18:26.000 --> 18:28.000]  I was in Pennsylvania and had a heck of it.
[18:28.000 --> 18:30.000]  They just didn't have many.
[18:30.000 --> 18:32.000]  And sometimes it's hard to find.
[18:32.000 --> 18:41.000]  If you can't find a guide for Minnesota, then call a law firm in Texas.
[18:41.000 --> 18:54.000]  Texas O'Conners is great, and while it's written for Texas, most of the states are 99% the same.
[18:54.000 --> 19:00.000]  So if I can't find one that's Minnesota-specific, O'Conners may be the next best.
[19:00.000 --> 19:03.000]  Yes, it will give you all of the basics.
[19:03.000 --> 19:04.000]  Okay.
[19:04.000 --> 19:11.000]  Now, my next question is about bouviers.
[19:11.000 --> 19:20.000]  Now, as far as legal definitions, I think maybe blacks might have more definitions than bouviers,
[19:20.000 --> 19:27.000]  but when I can find a definition in bouviers, and it may depend on which edition, you could clue me into that,
[19:27.000 --> 19:37.000]  but if I can find the definition in bouviers, doesn't that supersede blacks?
[19:37.000 --> 19:40.000]  No, it depends.
[19:40.000 --> 19:46.000]  As I understand, the Supreme Court uses bouviers 1856.
[19:46.000 --> 19:50.000]  The state courts use blacks.
[19:50.000 --> 19:59.000]  Now, I saw something because I found two different copies of 1856 bouviers online that you can print up for free,
[19:59.000 --> 20:02.000]  well, as much as the paper, and it cost you.
[20:02.000 --> 20:09.000]  They were both 1856 editions where the guy, Bouvier, whatever his first name was, I can't quite recall,
[20:09.000 --> 20:13.000]  he died in 1851, if I'm not mistaken.
[20:13.000 --> 20:17.000]  Yeah, but the publisher still used his name.
[20:17.000 --> 20:24.000]  They printed a whole new revision, if I'm not mistaken, in 1856, five years after his death.
[20:24.000 --> 20:30.000]  So is that probably the one that maybe the Supreme Court may be referring to more than any other?
[20:30.000 --> 20:31.000]  I think so.
[20:31.000 --> 20:35.000]  Someone just sent me that today, as a matter of fact.
[20:35.000 --> 20:37.000]  Was that an online bouvier's copy?
[20:37.000 --> 20:41.000]  No, one you can download.
[20:41.000 --> 20:43.000]  Yeah, X-Rex sent me the same thing.
[20:43.000 --> 20:50.000]  Yeah, and what you can do is open it with OpenOffice, open the first one.
[20:50.000 --> 20:57.000]  It's listed by like A and then B and then CD and then EF.
[20:57.000 --> 21:02.000]  What you do is open A, then open the next one.
[21:02.000 --> 21:08.000]  Control A, the second one, and paste it into the first one.
[21:08.000 --> 21:12.000]  Paste them all into one, and then you have it all in one document.
[21:12.000 --> 21:15.000]  Can you put that link on your Web site, by any chance?
[21:15.000 --> 21:24.000]  Do you have a legal resource link on your Web site that would maybe link to resources like this and others?
[21:24.000 --> 21:28.000]  I do, but my Web site has screwed up and I haven't had time to go fix it.
[21:28.000 --> 21:29.000]  I do need to.
[21:29.000 --> 21:36.000]  If you'll send me an email at randy at rootoflawradio.com, I'll send this document to you.
[21:36.000 --> 21:47.000]  So if I want to use a bouvier's 1856 definition, and it seems like maybe there's only 20,000 definitions in the 1856 bouviers.
[21:47.000 --> 21:49.000]  I don't know how many are in the blacks.
[21:49.000 --> 21:56.000]  If there's more definitions in the blacks, maybe you might look for something and be unable to find it in bouviers.
[21:56.000 --> 22:03.000]  But if the United States Supreme Court uses the 56 version of bouviers,
[22:03.000 --> 22:07.000]  if you can, in fact, find a definition for something in bouviers,
[22:07.000 --> 22:12.000]  then should that not be the one that you would want to use over and above black law?
[22:12.000 --> 22:16.000]  No, no, no, no, no. It depends on the forum.
[22:16.000 --> 22:21.000]  If the forum doesn't use bouvier, you can't force bouvier on them.
[22:21.000 --> 22:26.000]  The Supreme Court uses bouvier, the rest of the courts use blacks.
[22:26.000 --> 22:36.000]  But if the forum that uses blacks is actually subservient to the forum that uses bouviers, you can see what I'm getting at.
[22:36.000 --> 22:37.000]  No, it doesn't follow.
[22:37.000 --> 22:47.000]  If the state district court or otherwise uses blacks where the over and above...
[22:47.000 --> 22:57.000]  Wait, wait, wait. I understand what the rationale is. Since the Supreme Court takes precedence over all of the other courts,
[22:57.000 --> 23:04.000]  you would say that the definition the Supreme Court uses takes precedence over what the other courts use?
[23:04.000 --> 23:05.000]  No.
[23:05.000 --> 23:09.000]  Well, you would appeal all the way to the United States Supreme Court, wouldn't it?
[23:09.000 --> 23:17.000]  No. If you're working in the state court, you use the definition the state court uses.
[23:17.000 --> 23:21.000]  When you go to the Supreme Court, you use the definition the Supreme Court uses.
[23:21.000 --> 23:28.000]  Just because the Supreme Court uses a definition doesn't mean that definition is forced on all the other courts. It's not.
[23:28.000 --> 23:34.000]  We really have to move along. Holy mackerel. We are really stacking up on callers.
[23:34.000 --> 23:43.000]  Okay. Now, I also wanted to ask what's the difference between mandamus and habeas? I understand it's similar if not the same in Texas.
[23:43.000 --> 23:52.000]  A writ of mandamus is basically you're asking a higher court to order a lower court to do something.
[23:52.000 --> 23:54.000]  Yeah, to do with the law of command.
[23:54.000 --> 24:04.000]  And a petition for a writ of habeas corpus is a demand to bring someone before the court to be heard.
[24:04.000 --> 24:07.000]  That's what habeas corpus means. It means bring the body.
[24:07.000 --> 24:11.000]  Bring the body and show cause as to why he's being held.
[24:11.000 --> 24:12.000]  Exactly.
[24:12.000 --> 24:19.000]  That's very specific. Mandamus can be anything that the lower court should have done and didn't.
[24:19.000 --> 24:24.000]  You can ask a higher court to command them to do what the law ordered them to do.
[24:24.000 --> 24:35.000]  They both tend to follow this. In Texas, it's under the same statute. It's under rule of civil procedure 52.
[24:35.000 --> 24:42.000]  Just all it does is define the form that it will be filed in. They kind of look the same.
[24:42.000 --> 24:54.000]  Is mandamus always from a position to a superior to make corrective decisions to an inferior?
[24:54.000 --> 25:01.000]  Exactly. Mandate. The higher court mandates to the lower court. This is what the law says, do it, Bubba.
[25:01.000 --> 25:04.000]  That's essentially what mandamus is.
[25:04.000 --> 25:14.000]  Now, what's the difference between a motion and an action?
[25:14.000 --> 25:22.000]  Because sometimes I hear you guys talking about filing an action.
[25:22.000 --> 25:24.000]  I'm not sure what you mean.
[25:24.000 --> 25:25.000]  Cause of action.
[25:25.000 --> 25:42.000]  Cause of action. You don't file an action. A cause of action basically states a reason that's been accepted by the courts in the past for them to be able to rule on to give you your remedy.
[25:42.000 --> 25:54.000]  If you're in a criminal court, you work from violations of a penal statute. If you're in civil, you work from causes of action.
[25:54.000 --> 26:03.000]  Say for example, somebody makes you mad and so you want to sue them because they hurt your feelings. I'm just throwing something out.
[26:03.000 --> 26:20.000]  That's not a cause of action. You may feel that you've been harmed, but if there's no precedent or case law or anything showing that that particular situation is a reason that's accepted by the courts to grant you your remedy, you're not going to get it.
[26:20.000 --> 26:37.000]  If you're suing, if you're filing civil litigation, then you need to have a cause of action so that the courts can say, okay, well yes, this is a legitimate reason for you to get your remedy and they'll give it to you.
[26:37.000 --> 26:44.000]  It's not just a matter of, well, I feel I was harmed and so now you owe me money. It doesn't work like that.
[26:44.000 --> 26:47.000]  Let me give you a real quick example.
[26:47.000 --> 26:58.000]  I went down and I made a deal with this dude and he said he would sell me this bag of dope, but when he gave it to me, there was no dope and it was all oregano.
[26:58.000 --> 27:16.000]  Well, that's fraud by non-disclosure. If he told me he'd sell me this bag of stuff and it turned out not to be dope, but it turned out to be oregano, making that allegation that he sold me a bag of oregano instead of dope is not a cause of action.
[27:16.000 --> 27:37.000]  However, if I said he defrauded me by non-disclosure, fraud by non-disclosure is a cause of action and it has certain elements, just like a crime is defined by a penal statute and it has certain elements.
[27:37.000 --> 27:46.000]  Well, a cause of action has to do with some kind of an obligation and a breach of that same obligation.
[27:46.000 --> 27:51.000]  It depends. There are a lot of causes of action. There can be a tort.
[27:51.000 --> 28:05.000]  Say the guy runs over your car. Your car is parked in front of your house and he runs over it. He doesn't have any obligation, but he harmed you and causes of actions define the nature of the harm.
[28:05.000 --> 28:10.000]  Well, an obligation maybe in this case to not harm somebody else with your motor vehicle.
[28:10.000 --> 28:34.000]  No, no, no. You've got to understand what this is. Cause of actions are defined and just like penal statutes are defined, I can't accuse you of a crime unless the legislature has passed a penal statute that defines what I accuse you of doing as a crime.
[28:34.000 --> 28:46.000]  You can't sue me because I did something you don't like unless the courts have defined what you did as a cause of action.
[28:46.000 --> 28:47.000]  Okay.
[28:47.000 --> 28:53.000]  And a lot of people in legal reform miss this part. People do rotten stuff to you.
[28:53.000 --> 29:06.000]  If you want to complain about it civilly, you have to complain about it in the terms of a cause of action, just as if you were accusing somebody of violating a statute.
[29:06.000 --> 29:07.000]  Okay.
[29:07.000 --> 29:16.000]  And most everything somebody could do that's improper is defined in a cause of action. You just kind of figure out what it is.
[29:16.000 --> 29:26.000]  And in Texas law, we have O'Connor's causes of action and it is a wonderful piece of work and it will apply to almost any state in the union.
[29:26.000 --> 29:29.000]  Now, I do have two more questions.
[29:29.000 --> 29:45.000]  But Freeman, Freeman, wait a minute, wait a minute, wait a minute. I'm sorry. We're going to have to save it for another show because look, I'm trying not to be rude, but I mean, I really, if we did 15 minutes for each caller right now, we're going to be on the air for another two hours.
[29:45.000 --> 29:54.000]  Okay. An hour and a half. I mean, it's already 1230 and I don't want to make people wait so late and, you know, I mean.
[29:54.000 --> 29:57.000]  How about Warren?
[29:57.000 --> 30:06.000]  You guys have two, three, okay, three minutes and then you got to wrap it up because it's rude to the other callers. Okay, so hurry.
[30:06.000 --> 30:16.000]  I appreciate the leniency. Now, as far as contempt goes, if you don't answer a judge's question, obviously it can be road of contempt.
[30:16.000 --> 30:23.000]  Now, what if you do answer the judge's question and you just don't give him the answer that he's looking for, he or she?
[30:23.000 --> 30:33.000]  Contempt is really an iffy thing. It goes to the inherent power of the court.
[30:33.000 --> 30:42.000]  You can object to a question, but if the judge orders you to answer a question, I don't know.
[30:42.000 --> 30:44.000]  Eddie, you've got a way to answer this one.
[30:44.000 --> 30:47.000]  Yeah, I do.
[30:47.000 --> 30:49.000]  Yes, John, go ahead.
[30:49.000 --> 30:51.000]  Please, John.
[30:51.000 --> 30:52.000]  Freeman.
[30:52.000 --> 30:53.000]  I'm sorry.
[30:53.000 --> 30:54.000]  All right.
[30:54.000 --> 31:04.000]  Contempt is really discretionary on the judge and I was sitting on the bench or sitting in the witness stand, I got asked a question.
[31:04.000 --> 31:12.000]  I was, I could not answer that question that the defense attorney asked of me.
[31:12.000 --> 31:19.000]  Specifically, I had to give a pat answer and the judge looked at me and said,
[31:19.000 --> 31:25.000]  you know, Agent Hoover, you're going to be in contempt of court if you do not answer this question.
[31:25.000 --> 31:34.000]  And I looked at the judge and I had to respectfully, you know, grovel and say, you know, look, here is the reason I cannot answer this question
[31:34.000 --> 31:40.000]  because I need written permission from the United States Attorney General to answer this question.
[31:40.000 --> 31:47.000]  And I looked pleadingly over at the prosecutor to bail me out of this.
[31:47.000 --> 31:51.000]  You know, contempt is discretionary on the part of the judge.
[31:51.000 --> 31:59.000]  For example, what if I am asked where I reside and I say, well, I don't reside, I live.
[31:59.000 --> 32:04.000]  And then I'm asked where I live and I say, well, right where I've always lived, in my body.
[32:04.000 --> 32:06.000]  That will get you thrown in jail.
[32:06.000 --> 32:07.000]  Yeah.
[32:07.000 --> 32:08.000]  Don't pick your battle.
[32:08.000 --> 32:11.000]  Freeman, pick your battles smartly.
[32:11.000 --> 32:19.000]  You're going to go to judge because he's going to look at you like you were a wise guy and he's going to throw you in jail.
[32:19.000 --> 32:20.000]  Okay.
[32:20.000 --> 32:22.000]  Don't mess around like that.
[32:22.000 --> 32:25.000]  Pick your battle to something that means something.
[32:25.000 --> 32:26.000]  Yes.
[32:26.000 --> 32:33.000]  If you have a legal reason not to answer the question, state it to the judge.
[32:33.000 --> 32:37.000]  Why would you tell him you don't live?
[32:37.000 --> 32:40.000]  What legal purpose does that have?
[32:40.000 --> 32:44.000]  Just look at that as playing word games, Freeman.
[32:44.000 --> 32:46.000]  Well, that's what the courts do, right?
[32:46.000 --> 32:48.000]  So fight fire with fire.
[32:48.000 --> 32:50.000]  That ain't fighting fire with fire.
[32:50.000 --> 32:54.000]  That's going in with an eyedropper against a flamethrower.
[32:54.000 --> 32:58.000]  Good metaphor.
[32:58.000 --> 32:59.000]  Okay.
[32:59.000 --> 33:01.000]  Well, I know there's a lot of other callers, so I'll let you guys go.
[33:01.000 --> 33:06.000]  And on my way out, I'd like to say, I don't know if there's a section on the website,
[33:06.000 --> 33:16.000]  a law website that refers the viewer to maybe a list of necessary books or resources and such
[33:16.000 --> 33:22.000]  that you might want to have at your fingertips if you're endeavoring to stick up for yourself.
[33:22.000 --> 33:30.000]  But if you guys have the time inclination or already have it, please...
[33:30.000 --> 33:33.000]  Yeah, I'm about to revamp the whole website.
[33:33.000 --> 33:39.000]  I'm finally getting some help in that area, you know, because it's just...
[33:39.000 --> 33:42.000]  It's extremely difficult, you know, me.
[33:42.000 --> 33:44.000]  It's like I'm doing everything, okay?
[33:44.000 --> 33:50.000]  And it's like the website, that's just one thing that I just can't keep up with.
[33:50.000 --> 33:51.000]  I just can't keep up with it.
[33:51.000 --> 33:53.000]  So I'm getting some help in that arena.
[33:53.000 --> 33:56.000]  So there'll be some stuff posted soon.
[33:56.000 --> 34:00.000]  Well, I'm glad you guys have some help, and I wish I could be of assistance.
[34:00.000 --> 34:04.000]  I don't know that much about website programming and preparation.
[34:04.000 --> 34:05.000]  Oh, it's okay.
[34:05.000 --> 34:08.000]  I appreciate the offer, though.
[34:08.000 --> 34:09.000]  Thanks for calling.
[34:09.000 --> 34:10.000]  Wait a minute.
[34:10.000 --> 34:12.000]  You could donate to my beer fund.
[34:12.000 --> 34:15.000]  I will say this to all our listeners.
[34:15.000 --> 34:17.000]  I will say this to all our listeners.
[34:17.000 --> 34:20.000]  Anyone that really wants to help, really.
[34:20.000 --> 34:26.000]  And I know that everyone is chomping at the bit to be Randy's apprentice or my apprentice
[34:26.000 --> 34:31.000]  or, you know, Eddie's and stuff like that, and, you know, we all want to learn these
[34:31.000 --> 34:36.000]  methods and the law and these techniques and everything, you know, because we're trying
[34:36.000 --> 34:39.000]  to make a difference, and we are making a difference.
[34:39.000 --> 34:44.000]  But if people really want to help, help me get some sponsors, okay?
[34:44.000 --> 34:51.000]  Anybody that can bring a sponsor to me will get 20%, okay?
[34:51.000 --> 34:57.000]  So if you want to make a little extra money, if you have that inclination, if you're good
[34:57.000 --> 35:01.000]  with sales and marketing and stuff like that, that's not really my forte.
[35:01.000 --> 35:04.000]  I just don't have time for it anyway.
[35:04.000 --> 35:11.000]  But we do desperately need some more sponsors because, you know, to help keep things going.
[35:11.000 --> 35:14.000]  Because it's on a shoestring.
[35:14.000 --> 35:22.000]  Tom Kiley and I were talking the other night, I think it was last week, on his show.
[35:22.000 --> 35:24.000]  People just don't have any idea.
[35:24.000 --> 35:31.000]  The budget that like these mainstream media shows, like radio shows, like Rush Limbaugh
[35:31.000 --> 35:41.000]  and people like that, okay, one show, the budget that they have for one show is so many
[35:41.000 --> 35:44.000]  tens of thousands of dollars.
[35:44.000 --> 35:49.000]  One show could run rule of law radio for like six months to a year, you know?
[35:49.000 --> 35:53.000]  I mean, but I do need help, so.
[35:53.000 --> 35:57.000]  Well, I appreciate it all, guys, and I will let you guys wrap it up.
[35:57.000 --> 35:58.000]  All right, thank you.
[35:58.000 --> 35:59.000]  Thank you.
[35:59.000 --> 36:02.000]  And anyone who is interested in helping me with the sponsors, just send me an email,
[36:02.000 --> 36:06.000]  and we'll talk about the specifics.
[36:06.000 --> 36:10.000]  And just so everybody knows, my beer fund has a nickel in it.
[36:10.000 --> 36:12.000]  That's right, the buffalo nickel.
[36:12.000 --> 36:17.000]  Okay, we are going to go now to Tim in Texas.
[36:17.000 --> 36:19.000]  Tim, thanks for calling in.
[36:19.000 --> 36:21.000]  What's on your mind?
[36:21.000 --> 36:22.000]  Okay, Randy, real quick.
[36:22.000 --> 36:27.000]  You were talking with an earlier caller about a stack of motions for a traffic ticket.
[36:27.000 --> 36:28.000]  Yes.
[36:28.000 --> 36:33.000]  I have a friend who just, I found out yesterday, has this very similar situation.
[36:33.000 --> 36:36.000]  I was wondering if I could just send you an email, and if you could just send me those documents,
[36:36.000 --> 36:38.000]  so I can work through this work.
[36:38.000 --> 36:42.000]  Okay, they're written, you know, I've got the documents written for a case.
[36:42.000 --> 36:44.000]  They're written for my case.
[36:44.000 --> 36:47.000]  So you have to go through them and read them.
[36:47.000 --> 36:51.000]  All the basics are in there, just change the officer's name and change my name to your name.
[36:51.000 --> 36:52.000]  Absolutely.
[36:52.000 --> 36:59.000]  That keeps me out of any trouble from practicing law, and it will drive these guys crazy.
[36:59.000 --> 37:02.000]  Yeah, I'll localize them as necessary.
[37:02.000 --> 37:04.000]  Also, Eddie, this is Tim.
[37:04.000 --> 37:06.000]  I've had a few email exchanges with you.
[37:06.000 --> 37:08.000]  I just want to say thank you for everything you've been doing.
[37:08.000 --> 37:12.000]  And are you looking for a O'Connor's Texas Causes of Action?
[37:12.000 --> 37:14.000]  Because I have an extra one I can send you.
[37:14.000 --> 37:16.000]  Yes, I do.
[37:16.000 --> 37:17.000]  And yes, I do.
[37:17.000 --> 37:18.000]  Yes.
[37:18.000 --> 37:19.000]  Okay.
[37:19.000 --> 37:21.000]  I'll send you an email, and if you would just give me your address,
[37:21.000 --> 37:23.000]  and I'll get that out in the mail within the next day or two.
[37:23.000 --> 37:24.000]  Okay.
[37:24.000 --> 37:26.000]  Well, thank you very much.
[37:26.000 --> 37:34.000]  Also, I just want to let you guys know I called in last week before last to a major Houston AM radio station.
[37:34.000 --> 37:37.000]  They were talking about the seatbelt ticket quotas,
[37:37.000 --> 37:42.000]  and I called in to share a few facts from Eddie's presentation a little about commerce.
[37:42.000 --> 37:43.000]  All right.
[37:43.000 --> 37:46.000]  All that stuff, and it got on the air in the archives.
[37:46.000 --> 37:49.000]  All right.
[37:49.000 --> 37:55.000]  Anyways, the last thing I was going to talk about, when the guy was calling in earlier about the litigation,
[37:55.000 --> 37:57.000]  Randy, you were talking about the litigation guys.
[37:57.000 --> 38:02.000]  It might also be helpful to call them like right around the time when the new guys are coming out
[38:02.000 --> 38:06.000]  because it'd be freshening their minds and stuff.
[38:06.000 --> 38:07.000]  Right.
[38:07.000 --> 38:11.000]  I know it's not the right time, but they still may have them laying around.
[38:11.000 --> 38:12.000]  That's true.
[38:12.000 --> 38:17.000]  And the woman in Amarillo called the second call she made.
[38:17.000 --> 38:19.000]  The guy said, oh, yeah, I've got a whole set of them.
[38:19.000 --> 38:21.000]  Just come get them out of my way.
[38:21.000 --> 38:24.000]  He gave her a complete set, better than mine.
[38:24.000 --> 38:27.000]  And don't forget about your attorney general's office,
[38:27.000 --> 38:32.000]  because when they get through with their stuff, they put them through the general services
[38:32.000 --> 38:36.000]  and they sit in a warehouse and sometimes you can go pick them up out of there
[38:36.000 --> 38:38.000]  and they'll give them to you or you can buy them.
[38:38.000 --> 38:39.000]  Oh, wonderful.
[38:39.000 --> 38:41.000]  Yep.
[38:41.000 --> 38:46.000]  So anyways, I'll send her an email, and if you would, Randy, get to me as soon as you could, please,
[38:46.000 --> 38:48.000]  because I'm trying to help her from Monday.
[38:48.000 --> 38:51.000]  She was in court on Thursday and they didn't have anything in her file.
[38:51.000 --> 38:55.000]  And it was a similar honor before this date and time.
[38:55.000 --> 38:56.000]  Okay, good.
[38:56.000 --> 38:57.000]  I'll give her all the stuff.
[38:57.000 --> 39:03.000]  And I need that kind of information because if they summoned her to court and they weren't ready,
[39:03.000 --> 39:05.000]  she has a right to dismissal.
[39:05.000 --> 39:07.000]  Yeah, I'll put all that information in the email real briefly.
[39:07.000 --> 39:08.000]  Okay.
[39:08.000 --> 39:09.000]  Okay, good.
[39:09.000 --> 39:10.000]  Thanks, guys.
[39:10.000 --> 39:11.000]  Great show tonight.
[39:11.000 --> 39:12.000]  Thank you.
[39:12.000 --> 39:13.000]  All right.
[39:13.000 --> 39:14.000]  Thank you.
[39:14.000 --> 39:15.000]  Thanks.
[39:15.000 --> 39:16.000]  Bye-bye.
[39:16.000 --> 39:17.000]  Okay.
[39:17.000 --> 39:18.000]  All right.
[39:18.000 --> 39:19.000]  We are going to continue on.
[39:19.000 --> 39:20.000]  We're going to Marcus in Virginia.
[39:20.000 --> 39:21.000]  Marcus, thanks for calling in.
[39:21.000 --> 39:22.000]  What's on your mind tonight?
[39:22.000 --> 39:26.000]  I still got my transit case going here.
[39:26.000 --> 39:32.000]  I don't know how much you remember about it, but...
[39:32.000 --> 39:34.000]  I remember Marcus in Virginia.
[39:34.000 --> 39:35.000]  Okay.
[39:35.000 --> 39:38.000]  Give us a brief rundown.
[39:38.000 --> 39:39.000]  All right.
[39:39.000 --> 39:42.000]  Well, I appealed it, but they gave me...
[39:42.000 --> 39:43.000]  Wait, wait, wait, wait.
[39:43.000 --> 39:44.000]  Start at the beginning.
[39:44.000 --> 39:45.000]  Kind of just...
[39:45.000 --> 39:46.000]  Yeah, give us a brief review.
[39:46.000 --> 39:49.000]  Bring us up to speed and then move us ahead.
[39:49.000 --> 39:50.000]  Okay.
[39:50.000 --> 39:56.000]  Do you remember that I'm trying to go after Rule 101,
[39:56.000 --> 40:03.000]  which has to do with the applicability of the entire title and the compare material?
[40:03.000 --> 40:04.000]  Yeah.
[40:04.000 --> 40:05.000]  Okay.
[40:05.000 --> 40:12.000]  But the first rule in the entire title addresses that issue.
[40:12.000 --> 40:16.000]  It has very limited applicability.
[40:16.000 --> 40:23.000]  But they basically charged me with not having a driver's license.
[40:23.000 --> 40:30.000]  But the thing that bugs me is that they gave me a civil fine.
[40:30.000 --> 40:31.000]  Wait, wait.
[40:31.000 --> 40:35.000]  How did the officer determine that you were a driver?
[40:35.000 --> 40:43.000]  I had gone through a stop sign and he pulled me over because of that.
[40:43.000 --> 40:44.000]  Okay.
[40:44.000 --> 40:49.000]  So how did he determine that you were a driver as opposed to a traveler?
[40:49.000 --> 40:50.000]  For the photo of what?
[40:50.000 --> 40:51.000]  A traveler.
[40:51.000 --> 40:54.000]  Is...
[40:54.000 --> 41:00.000]  Basically speaking, what evidence did they produce in court to prove the facts of their case
[41:00.000 --> 41:05.000]  that you were in fact a driver slash operator of a motor vehicle...
[41:05.000 --> 41:06.000]  In commerce.
[41:06.000 --> 41:13.000] ...required to have a license?
[41:13.000 --> 41:16.000]  Well, that issue was never brought up.
[41:16.000 --> 41:19.000]  Nothing about commerce.
[41:19.000 --> 41:21.000]  It doesn't matter about commerce.
[41:21.000 --> 41:28.000]  How did they prove those elements of the charges?
[41:28.000 --> 41:29.000]  Okay.
[41:29.000 --> 41:30.000]  Here's the point.
[41:30.000 --> 41:38.000]  If the officer said he observed you driving an automobile and disobeying a stop sign,
[41:38.000 --> 41:47.000]  if it's the same in Virginia as it is in Texas, the motor vehicle statutes apply to drivers.
[41:47.000 --> 41:51.000]  And drivers are people operating in commerce.
[41:51.000 --> 41:59.000]  So for the officer to state in court that he observed you driving an automobile,
[41:59.000 --> 42:10.000]  that constitutes a conclusion on the part of the officer based on facts, not in evidence.
[42:10.000 --> 42:17.000]  First objection should be brought that the officer hasn't proven that you were a driver.
[42:17.000 --> 42:24.000]  A driver is someone who operates an automobile in commerce as opposed to a traveler
[42:24.000 --> 42:31.000]  who's operating a private conveyance.
[42:31.000 --> 42:35.000]  So the objection is, and this is something we miss,
[42:35.000 --> 42:43.000]  in order to get to the fact that you are a driver he has to prove that you're acting in commerce.
[42:43.000 --> 42:46.000]  Wait, are you still there?
[42:46.000 --> 42:47.000]  Marcus?
[42:47.000 --> 42:48.000]  Yes.
[42:48.000 --> 42:49.000]  Okay, all right.
[42:49.000 --> 42:50.000]  Does that make sense?
[42:50.000 --> 42:54.000]  Well, yeah, I understand that, but in the actual charge,
[42:54.000 --> 42:57.000]  in the statute there is no mention of commerce.
[42:57.000 --> 43:00.000]  It does say operating a motor vehicle.
[43:00.000 --> 43:01.000]  So what we're saying is...
[43:01.000 --> 43:07.000]  Maybe the vehicle is in commerce.
[43:07.000 --> 43:10.000]  Eddie, will you explain that part?
[43:10.000 --> 43:12.000]  Yeah, okay.
[43:12.000 --> 43:17.000]  But first off, when you say it's written in the charge, does it specify the section,
[43:17.000 --> 43:23.000]  what specific statutory section you allegedly violated?
[43:23.000 --> 43:26.000]  46.2-300.
[43:26.000 --> 43:33.000]  And when you read it, what were the elements that constituted that charge?
[43:33.000 --> 43:35.000]  Elements.
[43:35.000 --> 43:41.000]  Well, the first provision basically says the person shall...
[43:41.000 --> 43:43.000]  Okay, stop right there.
[43:43.000 --> 43:48.000]  First off, what evidence was introduced, what is the definition of the term person,
[43:48.000 --> 43:57.000]  and what evidence was introduced in your trial that made you a person that that applied to?
[43:57.000 --> 43:59.000]  Now go to the next one.
[43:59.000 --> 44:03.000]  All right, no person shall operate a motor vehicle on the highway.
[44:03.000 --> 44:04.000]  Stop.
[44:04.000 --> 44:07.000]  Operate, operate, okay?
[44:07.000 --> 44:10.000]  What's the legal definition of that term and how does it apply to you
[44:10.000 --> 44:14.000]  and what proof was presented at trial to show that you were actually operating?
[44:14.000 --> 44:16.000]  A motor vehicle.
[44:16.000 --> 44:19.000]  What proof was presented to show that you were in a motor vehicle
[44:19.000 --> 44:21.000]  instead of a private automobile?
[44:21.000 --> 44:24.000]  It may sound like semantics, but believe me, it is not.
[44:24.000 --> 44:29.000]  Yeah, difference between operator and driver.
[44:29.000 --> 44:33.000]  Motor vehicle, private conveyance.
[44:33.000 --> 44:39.000]  These have very specific legal definitions.
[44:39.000 --> 44:41.000]  You need to look them up.
[44:41.000 --> 44:44.000]  This is where we win these things.
[44:44.000 --> 44:53.000]  We presuppose that we know what the statute, what the citation is saying
[44:53.000 --> 45:00.000]  because we are using the common everyday definitions of the terms,
[45:00.000 --> 45:04.000]  but we're not in common everyday situation.
[45:04.000 --> 45:08.000]  We're in a specific legal situation.
[45:08.000 --> 45:12.000]  And the prosecutors will take advantage of this.
[45:12.000 --> 45:17.000]  They'll use a term you think you know the definition of,
[45:17.000 --> 45:19.000]  and they'll use it in a way to entrap you.
[45:19.000 --> 45:23.000]  So when you go read the definitions and bring it back to the prosecutor
[45:23.000 --> 45:28.000]  with the proper definitions, it changes everything.
[45:28.000 --> 45:32.000]  Mark Stevens has a very accurate name for it.
[45:32.000 --> 45:35.000]  It's definitely adventures in legal land, okay?
[45:35.000 --> 45:37.000]  It's just like Alice in Wonderland.
[45:37.000 --> 45:41.000]  Everything is the way that it makes sense or it appears to be.
[45:41.000 --> 45:50.000]  Do not make that assumption that everything is normal because it isn't.
[45:50.000 --> 45:54.000]  Unless you're actually going to study the requirements of the statute
[45:54.000 --> 46:03.000]  and learn what those words that it's using mean, you're swimming against the tide.
[46:03.000 --> 46:09.000]  That's a way you would trip them up in a way that they haven't been tripped up before.
[46:09.000 --> 46:12.000]  It'll make it very difficult for them.
[46:12.000 --> 46:16.000]  And it's a hoot.
[46:16.000 --> 46:23.000]  Well, one question I had though is that they gave me a civil fine in the first trial.
[46:23.000 --> 46:31.000]  They're not appealing it, but I'm wondering if they can turn this into a criminal case
[46:31.000 --> 46:36.000]  because they don't decide what they're going to do until after they pronounce the guilty.
[46:36.000 --> 46:45.000]  Well, are the traffic laws in Virginia civil or criminal?
[46:45.000 --> 46:47.000]  Well, I'm really not sure.
[46:47.000 --> 46:57.000]  I look at it and it says, after that one provision, it says, depending upon the number of times
[46:57.000 --> 47:02.000]  you've committed this violation, it's a misdemeanor.
[47:02.000 --> 47:04.000]  That's a crime.
[47:04.000 --> 47:12.000]  Yeah, but this is why I go back to the 101 because that tells you who it would apply to.
[47:12.000 --> 47:19.000]  It doesn't say who the misdemeanor penalty should apply to.
[47:19.000 --> 47:21.000]  Sure it does.
[47:21.000 --> 47:25.000]  It applies to a person, but are you a person?
[47:25.000 --> 47:29.000]  Well, I'm not a person that this would apply to according to...
[47:29.000 --> 47:31.000]  No, no, wait, wait, wait, wait.
[47:31.000 --> 47:32.000]  Hold on.
[47:32.000 --> 47:36.000]  What does person mean in Virginia law?
[47:36.000 --> 47:44.000]  Not what does person mean on the street in Virginia, but what does it mean in law?
[47:44.000 --> 47:50.000]  There are likely two very different definitions.
[47:50.000 --> 47:56.000]  Okay, what was the specific section that you said they charged you under?
[47:56.000 --> 48:02.000]  300, 46.2-300.
[48:02.000 --> 48:05.000]  Say that one more time a little slower.
[48:05.000 --> 48:10.000]  46.2-300.
[48:10.000 --> 48:13.000]  46.2-300, all right?
[48:13.000 --> 48:19.000]  All right.
[48:19.000 --> 48:24.000]  I'm actually trying to look that up now.
[48:24.000 --> 48:25.000]  All right.
[48:25.000 --> 48:27.000]  Okay.
[48:27.000 --> 48:35.000]  46, that's under motor vehicles.
[48:35.000 --> 48:43.000]  Chapter 2-300, that would be licensure of drivers.
[48:43.000 --> 48:52.000]  Driving without license prohibited, no person in 46.2-303.
[48:52.000 --> 48:53.000]  All right.
[48:53.000 --> 49:05.000]  Now let's see what the term person means.
[49:05.000 --> 49:21.000]  All right, definitions.
[49:21.000 --> 49:24.000]  It looks like Virginia statutes are going to be like Wisconsin statutes.
[49:24.000 --> 49:32.000]  They're not going to be very well organized.
[49:32.000 --> 49:37.000]  What I would suggest is that you list all of these terms that they use,
[49:37.000 --> 49:45.000]  especially like driver, person, motor vehicle, operate,
[49:45.000 --> 49:54.000]  and look them up in Virginia law and see how they're defined in Virginia law.
[49:54.000 --> 49:57.000]  Then we can go back and talk.
[49:57.000 --> 50:02.000]  There's a program that I'm doing some research now to do,
[50:02.000 --> 50:06.000]  and it goes to how we use language
[50:06.000 --> 50:12.000]  and how we confuse ourselves with the way we use language
[50:12.000 --> 50:16.000]  because of the presuppositions that we hold
[50:16.000 --> 50:27.000]  and linguistic maneuvers we use so that we can have fluent conversations one with another.
[50:27.000 --> 50:30.000]  In order for me to talk to you fluently,
[50:30.000 --> 50:36.000]  I have to presuppose that you already understand some things about the language,
[50:36.000 --> 50:43.000]  so I don't tell you every minute little detail.
[50:43.000 --> 50:47.000]  I presuppose you already know some things.
[50:47.000 --> 50:53.000]  The problem with presuppositions is I presuppose you know one thing,
[50:53.000 --> 50:58.000]  and you may actually be perceiving something else.
[50:58.000 --> 51:03.000]  When we talk about law using common language,
[51:03.000 --> 51:08.000]  we use common terms that are also used in law,
[51:08.000 --> 51:15.000]  and we assume that in law and common language they have the same meaning when in fact they don't.
[51:15.000 --> 51:21.000]  We make terrible decisions.
[51:21.000 --> 51:27.000]  We misunderstand things terribly and have no clue what it is.
[51:27.000 --> 51:32.000]  This is what will help us if we go back and start looking up all these definitions.
[51:32.000 --> 51:35.000]  Granted, it takes a lot of discipline to do that,
[51:35.000 --> 51:38.000]  but once we've done it one time,
[51:38.000 --> 51:47.000]  we're a step above what the prosecutor's done because in the most part they don't have a clue.
[51:47.000 --> 51:51.000]  We assume that the judge and the prosecutor knows what's going on,
[51:51.000 --> 51:56.000]  and that is most often a false presupposition.
[51:56.000 --> 51:59.000]  Eddie, are you ready?
[51:59.000 --> 52:09.000]  Yeah, unfortunately there does not appear to be a specific location where that term is defined.
[52:09.000 --> 52:12.000]  Well, that'll make this a little bit more difficult.
[52:12.000 --> 52:14.000]  Yeah, that's what I'm saying.
[52:14.000 --> 52:18.000]  I'm searching all the statutes in the Code of Virginia,
[52:18.000 --> 52:27.000]  but there is no specific definition of person means or person includes as there is here in Texas.
[52:27.000 --> 52:35.000]  So I tried searching on the term person, and that's not there either.
[52:35.000 --> 52:44.000]  It's always prefixed with something else such as acquiring person, but never person alone.
[52:44.000 --> 52:50.000]  It must be defined in a law or statute somewhere.
[52:50.000 --> 52:52.000]  Yeah, it most certainly should be.
[52:52.000 --> 53:05.000]  It's like Wisconsin, though. Wisconsin has made their laws so obtuse and unsearchable that finding anything is a task.
[53:05.000 --> 53:13.000]  Well, what if you went to like a university law library?
[53:13.000 --> 53:17.000]  Is there a law school near you?
[53:17.000 --> 53:21.000]  Sure, it's the University of Richmond.
[53:21.000 --> 53:25.000]  Yeah, you could go to their law library,
[53:25.000 --> 53:33.000]  and they usually have a search function somewhere right in the library.
[53:33.000 --> 53:42.000]  Ask the librarian, and you might be able to research it real quickly there.
[53:42.000 --> 53:44.000]  It won't cost you anything.
[53:44.000 --> 53:47.000]  Hopefully they'll let you in the library.
[53:47.000 --> 53:52.000]  Unless you're a law student enrolled, you can't get into the law library at UT.
[53:52.000 --> 53:55.000]  Really? I've never had a...
[53:55.000 --> 53:58.000]  I don't know if it's just this university.
[53:58.000 --> 54:01.000]  It's just this one because I've been in the one in Dallas.
[54:01.000 --> 54:04.000]  Yeah, it may just be UT.
[54:04.000 --> 54:08.000]  I used to use the one when I lived in Dallas at SMU, and that's private.
[54:08.000 --> 54:13.000]  They're really trying to control the environment of the law program up there at UT.
[54:13.000 --> 54:18.000]  It's a university, and I go to their law library, they better let me in.
[54:18.000 --> 54:26.000]  Well, go try it because the last I heard, they won't let in other UT students who are...
[54:26.000 --> 54:29.000]  It doesn't matter if you're graduate, undergraduate,
[54:29.000 --> 54:34.000]  unless you are specifically admitted and accepted into the law program,
[54:34.000 --> 54:38.000]  they're not going to let you in the law library because they're trying to control the environment.
[54:38.000 --> 54:39.000]  And that just may be UT.
[54:39.000 --> 54:41.000]  I mean, that's the way it was a few years ago.
[54:41.000 --> 54:43.000]  And it's a university, they can't do that.
[54:43.000 --> 54:46.000]  I just went to Baylor and they let me in.
[54:46.000 --> 54:50.000]  He could try.
[54:50.000 --> 54:57.000]  Through the attorney general's office in Virginia, there should be someone,
[54:57.000 --> 55:03.000]  I don't know how their structure is, someone who can answer legal questions
[55:03.000 --> 55:10.000]  and that you could email or call this division and talk to someone and say,
[55:10.000 --> 55:16.000]  I'm trying to find the definition of a person, the legal definition.
[55:16.000 --> 55:18.000]  There you go.
[55:18.000 --> 55:20.000]  It is in the Virginia Administrative Code.
[55:20.000 --> 55:22.000]  It's not in the statutes.
[55:22.000 --> 55:24.000]  Okay.
[55:24.000 --> 55:30.000]  Person means any individual, family, partnership, corporation or association.
[55:30.000 --> 55:34.000]  Now, how does a whole family make a person?
[55:34.000 --> 55:38.000]  Oh, boy, how does a corporation a person?
[55:38.000 --> 55:41.000]  A corporation can be a person.
[55:41.000 --> 55:48.000]  If it has a persona, that's where person comes from.
[55:48.000 --> 55:51.000]  Individual, what is my question?
[55:51.000 --> 55:52.000]  Well, but that's just it.
[55:52.000 --> 55:54.000]  The term individual is not defined.
[55:54.000 --> 55:59.000]  Therefore, most likely as in every other state, and you'd need to find that to be certain.
[55:59.000 --> 56:03.000]  But generally, if it's not defined with any of the codes or statutes,
[56:03.000 --> 56:07.000]  they say that the word will be used as it is in common usage.
[56:07.000 --> 56:10.000]  However, that does not mean Webster's.
[56:10.000 --> 56:21.000]  That means Black's law because that common usage will be as the usage of that term exists in law.
[56:21.000 --> 56:23.000]  That could be to its advantage.
[56:23.000 --> 56:29.000]  Yes, it is because the term individual says that it is a corporation.
[56:29.000 --> 56:33.000]  Right.
[56:33.000 --> 56:35.000]  Okay, we really need to move along.
[56:35.000 --> 56:39.000]  Yes.
[56:39.000 --> 56:42.000]  All right, thank you, Marcus.
[56:42.000 --> 56:45.000]  Okay, we're going to continue on down the line here.
[56:45.000 --> 56:50.000]  We're going to Scott in Connecticut.
[56:50.000 --> 56:51.000]  Thanks for calling in.
[56:51.000 --> 56:53.000]  Scott, what's on your mind?
[56:53.000 --> 56:56.000]  Hey, I was just listening and I lost you on the listen line.
[56:56.000 --> 56:58.000]  So move on to the next guy, please.
[56:58.000 --> 56:59.000]  Oh, okay.
[56:59.000 --> 57:03.000]  Yeah, the listener line changes over to, I think, Alex Jones or something at midnight.
[57:03.000 --> 57:05.000]  Okay, we're going to go now to...
[57:05.000 --> 57:11.000]  Alex who?
[57:11.000 --> 57:14.000]  Okay, we're going to go now to Steve in Florida.
[57:14.000 --> 57:15.000]  Red alert.
[57:15.000 --> 57:17.000]  Red alert.
[57:17.000 --> 57:19.000]  Hey, Steve, what's on your mind?
[57:19.000 --> 57:21.000]  Hey, Deborah.
[57:21.000 --> 57:23.000]  Well, I had a few issues.
[57:23.000 --> 57:27.000]  Number one is the causes of action litigation guy here in Florida.
[57:27.000 --> 57:35.000]  If chances are to get to know an attorney or two, the ones they get have CD-ROM drives in them that you can copy.
[57:35.000 --> 57:39.000]  That's something you might look into if you know some attorneys over there in, you know, like Texas somewhere.
[57:39.000 --> 57:42.000]  Chances are they get it the same way these days, you know.
[57:42.000 --> 57:44.000]  Yeah, I would like to get that on CD-ROM.
[57:44.000 --> 57:47.000]  That way I could cut and paste out of it.
[57:47.000 --> 57:50.000]  Well, if you want the Florida litigation one, fine, get you that one.
[57:50.000 --> 57:53.000]  How's that Amjur 2D treating you, Randy?
[57:53.000 --> 57:55.000]  Wait, how's who?
[57:55.000 --> 57:57.000]  Oh, the Amjurs.
[57:57.000 --> 58:00.000]  I can't get it to run on VISTA.
[58:00.000 --> 58:01.000]  Oh, yeah, yeah, yeah, yeah.
[58:01.000 --> 58:05.000]  Oh, well, just get some old, you know, 400, 500-megabits machine,
[58:05.000 --> 58:08.000]  put Windows Millennium in it, Windows 98, and use that, you know.
[58:08.000 --> 58:20.000]  It runs on my desktop, but I've got a notebook that I completely wiped it out trying to load XP on it, and it simply will not load.
[58:20.000 --> 58:23.000]  Do you still have the directions I sent you?
[58:23.000 --> 58:25.000]  You still have the directions I sent you how to load it?
[58:25.000 --> 58:27.000]  Yes, yeah, I've got the whole thing.
[58:27.000 --> 58:29.000]  But I've got it run on XP. It will work on XP.
[58:29.000 --> 58:31.000]  Yeah, it will work on XP.
[58:31.000 --> 58:36.000]  You can probably put XP on that laptop, Randy, but you're going to have to work.
[58:36.000 --> 58:41.000]  Well, the thing is it doesn't see the hard drive when you're trying to install it,
[58:41.000 --> 58:50.000]  so you have to get the drivers for the IDE controller and have that install that before you start to, you know, run XP.
[58:50.000 --> 58:53.000]  That's what I got to, but it was such a pain in the neck.
[58:53.000 --> 59:08.000]  What I was looking to do is load Linux on a partition, load Wine on top of Linux, and then use Wine to load the Windows applications.
[59:08.000 --> 59:16.000]  If you've got American Jurisprudence 2 on some sort of electronic format, I would love to have a copy of that.
[59:16.000 --> 59:17.000]  Okay.
[59:17.000 --> 59:19.000]  I imagine Randy could help you.
[59:19.000 --> 59:21.000]  Yeah, I can send it to you.
[59:21.000 --> 59:25.000]  Yeah, just copy a couple disks and give them to him, or if you have another way to mail them to him.
[59:25.000 --> 59:30.000]  I can load them up on the FTP site, and you can just download them.
[59:30.000 --> 59:33.000]  I give it away, and it's the word.
[59:33.000 --> 59:36.000]  Yeah, I've still got it, and I appreciate it.
[59:36.000 --> 59:40.000]  Yeah, it's been a lot of help. Even here I've used it quite a bit, you know.
[59:40.000 --> 59:43.000]  And once you've got the pleadings and practices, too, so you have all the forms, you know.
[59:43.000 --> 59:44.000]  Yes.
[59:44.000 --> 59:48.000]  So that's even nicer to see how they expect the forms to come at them.
[59:48.000 --> 59:51.000]  Well, let me get to the meat of what I had to go in here.
[59:51.000 --> 59:54.000]  I have a friend of mine here who was running a vacated judgment on him.
[59:54.000 --> 59:56.000]  He was arrested a year and a half ago.
[59:56.000 --> 01:00:01.000]  They charged him with usual fundy crimes, domestic violence on a police officer,
[01:00:01.000 --> 01:00:04.000]  and two counts of battery on a police officer garbage.
[01:00:04.000 --> 01:00:06.000]  Of course, the cops couldn't prove no injury.
[01:00:06.000 --> 01:00:08.000]  We'd filed many motions of dismiss, did all kinds of crap.
[01:00:08.000 --> 01:00:11.000]  They still railroaded him through this thing where eventually he took a plea,
[01:00:11.000 --> 01:00:14.000]  and now we're trying to do a vacated judgment on it.
[01:00:14.000 --> 01:00:21.000]  Did you go after the judge who rendered the decision that didn't follow law?
[01:00:21.000 --> 01:00:29.000]  You know you can sue him for violating a ministerial duty.
[01:00:29.000 --> 01:00:30.000]  Yes, sir.
[01:00:30.000 --> 01:00:31.000]  That's sort of where I want to go,
[01:00:31.000 --> 01:00:34.000]  but I was hoping to maybe get this vacated in another court somewhere.
[01:00:34.000 --> 01:00:37.000]  Then I'm going to slam these guys altogether for all the crimes they've done.
[01:00:37.000 --> 01:00:41.000]  We have a real situation here that's just out of hand, probably above me,
[01:00:41.000 --> 01:00:44.000]  and I'm going to do the best I can by myself, me, myself, and I,
[01:00:44.000 --> 01:00:49.000]  that law firm I work with, you know, and trying to get this thing underway.
[01:00:49.000 --> 01:00:52.000]  Right now we just want to get this man's judgment vacated.
[01:00:52.000 --> 01:00:56.000]  What I did recently here, once we did the vacated judgment about six weeks ago,
[01:00:56.000 --> 01:00:58.000]  right away the judge within three days denied it.
[01:00:58.000 --> 01:01:02.000]  No explanation, just a half a sentence saying there's no legal basis for the motion.
[01:01:02.000 --> 01:01:09.000]  Instead of doing a reconsideration, I just did a motion for a more defined statement,
[01:01:09.000 --> 01:01:11.000]  more defined answer, and clarification of the issues.
[01:01:11.000 --> 01:01:14.000]  Well, he took three days and he denied that, claims he's not going to hear nothing else.
[01:01:14.000 --> 01:01:16.000]  Can I move this now into another court?
[01:01:16.000 --> 01:01:19.000]  Have I exhausted my remedies you think where I could go to an appeals court
[01:01:19.000 --> 01:01:20.000]  or more district federal court?
[01:01:20.000 --> 01:01:24.000]  Okay, so your motion for more definite statement,
[01:01:24.000 --> 01:01:27.000]  that's essentially findings of fact and conclusions of law.
[01:01:27.000 --> 01:01:28.000]  Yes, sir.
[01:01:28.000 --> 01:01:34.000]  You might move to the appeals court for Rita Mandamus ordering the judge to provide
[01:01:34.000 --> 01:01:39.000]  findings of fact and conclusions of law and when he refuses, then you go after him
[01:01:39.000 --> 01:01:43.000]  for ministerial decision and move to disqualify him.
[01:01:43.000 --> 01:01:44.000]  I'm sorry.
[01:01:44.000 --> 01:01:48.000]  Violating a ministerial duty.
[01:01:48.000 --> 01:01:49.000]  All right.
[01:01:49.000 --> 01:01:56.000]  He has a ministerial duty to apply the law as it comes to him from the higher courts
[01:01:56.000 --> 01:01:59.000]  to the facts he develops in the case.
[01:01:59.000 --> 01:02:06.000]  So you mean since he didn't give you findings of fact and conclusions of law,
[01:02:06.000 --> 01:02:12.000]  he didn't demonstrate the facts developed in the case and the law that he applied
[01:02:12.000 --> 01:02:19.000]  to those facts, then you ask the higher court to order him to do that because
[01:02:19.000 --> 01:02:24.000]  what he's done is eliminated your ability to appeal because you don't know
[01:02:24.000 --> 01:02:26.000]  what the basis of his decision was.
[01:02:26.000 --> 01:02:31.000]  And if he refuses, that's a due process violation on its face.
[01:02:31.000 --> 01:02:35.000]  Move to disqualify the judge and void his rulings.
[01:02:35.000 --> 01:02:36.000]  Okay.
[01:02:36.000 --> 01:02:40.000]  What court would I go to if I'm already in the circuit court?
[01:02:40.000 --> 01:02:42.000]  Would I have to move to an appeals court?
[01:02:42.000 --> 01:02:43.000]  Yes, appeals court.
[01:02:43.000 --> 01:02:46.000]  Appeals court is the one that gives him the law.
[01:02:46.000 --> 01:02:47.000]  Okay.
[01:02:47.000 --> 01:02:48.000]  They don't care about the facts.
[01:02:48.000 --> 01:02:51.000]  They will accept the facts that he develops.
[01:02:51.000 --> 01:02:56.000]  But they tell him what the law is that he will apply to those facts.
[01:02:56.000 --> 01:03:03.000]  So you go to them and say, I can't appeal to you because I don't know what the heck he did.
[01:03:03.000 --> 01:03:05.000]  He didn't tell me.
[01:03:05.000 --> 01:03:11.000]  So I want you to order him to tell me so I can prepare a proper appeal.
[01:03:11.000 --> 01:03:16.000]  And that's where you get to the administrative or to the ministerial violation.
[01:03:16.000 --> 01:03:24.000]  He denied you in your right to appeal by not giving you the information you need to appeal with.
[01:03:24.000 --> 01:03:26.000]  For the vacay judgment.
[01:03:26.000 --> 01:03:27.000]  Right.
[01:03:27.000 --> 01:03:28.000]  Okay.
[01:03:28.000 --> 01:03:32.000]  So your educated opinion, if you were similarly situated, not giving legal advice,
[01:03:32.000 --> 01:03:36.000]  would be now to probably move to the appeals court and then get them to make the judge,
[01:03:36.000 --> 01:03:41.000]  through a mandamus, to get the judge to give us a more defined answer of why he's denying this thing, right?
[01:03:41.000 --> 01:03:46.000]  Exactly. So that you now have information that you can appeal with.
[01:03:46.000 --> 01:03:47.000]  Okay.
[01:03:47.000 --> 01:03:50.000]  Well, I just wonder if I could put the judge in default and then just get a default vacay judgment on
[01:03:50.000 --> 01:03:52.000]  because he won't answer the questions, you know.
[01:03:52.000 --> 01:03:56.000]  Well, in effect, you get a default judgment because you disqualify him.
[01:03:56.000 --> 01:03:57.000]  Okay.
[01:03:57.000 --> 01:04:01.000]  And all of his decisions are thrown out.
[01:04:01.000 --> 01:04:06.000]  That's probably, you can't force a judicial determination.
[01:04:06.000 --> 01:04:07.000]  Hey, another quickie question.
[01:04:07.000 --> 01:04:10.000]  Have you guys tried to go after judges in your area over the oath and the bond stuff and all that?
[01:04:10.000 --> 01:04:12.000]  Have you tried that?
[01:04:12.000 --> 01:04:15.000]  I'm in the process of doing that now.
[01:04:15.000 --> 01:04:16.000]  Well, we've been doing that here.
[01:04:16.000 --> 01:04:18.000]  And Tony Davis has done it.
[01:04:18.000 --> 01:04:23.000]  And someone that I'm trying to get my fighter to get me in contact with,
[01:04:23.000 --> 01:04:31.000]  he calls himself Moses in South Carolina, claims to have had a couple of federal judges removed from the bench that way.
[01:04:31.000 --> 01:04:32.000]  Yes.
[01:04:32.000 --> 01:04:35.000]  Well, we've done several public records requests here.
[01:04:35.000 --> 01:04:39.000]  That's what they call the four years in Florida, public records requests under Florida statute 119.
[01:04:39.000 --> 01:04:43.000]  We use them like discovery without a judge's order for discovery, but we've been in the clerk of the court,
[01:04:43.000 --> 01:04:47.000]  secretary of state asking for these oath and bonds to these particular judges here in the Ninth Circuit,
[01:04:47.000 --> 01:04:48.000]  and they're not answering it.
[01:04:48.000 --> 01:04:51.000]  The one answer we got claims they don't have any answer to our questions.
[01:04:51.000 --> 01:04:55.000]  So I'm wondering if these judges have any bonds in those on file, you know.
[01:04:55.000 --> 01:05:01.000]  What that does is establishes prima facie evidence that they don't have one.
[01:05:01.000 --> 01:05:02.000]  That's what I was going to go with.
[01:05:02.000 --> 01:05:06.000]  And then just you move ahead as if they don't have it,
[01:05:06.000 --> 01:05:10.000]  move to disqualify the judge for failing to maintain a bond,
[01:05:10.000 --> 01:05:15.000]  and now that gives you prima facie evidence that he doesn't have one.
[01:05:15.000 --> 01:05:18.000]  Now the onus is on the judge to show he does.
[01:05:18.000 --> 01:05:19.000]  There you go.
[01:05:19.000 --> 01:05:23.000]  If all of a sudden they produce a bond, you've got another cause of action.
[01:05:23.000 --> 01:05:25.000]  Yes, and plus I like the public records you cut,
[01:05:25.000 --> 01:05:28.000]  because I believe I could use those to make it to where they can't bring anything into court then,
[01:05:28.000 --> 01:05:31.000]  because we've already been asked for it, therefore anything they bring in would be contrived.
[01:05:31.000 --> 01:05:32.000]  Can I look at it that way?
[01:05:32.000 --> 01:05:38.000]  Right, if they bring something into court after they've denied it under open records,
[01:05:38.000 --> 01:05:46.000]  now you move criminally against them under open records by letting the law relate to their office.
[01:05:46.000 --> 01:05:48.000]  Yeah, but now be very careful.
[01:05:48.000 --> 01:05:51.000]  When you do your Freedom of Information Act request for it,
[01:05:51.000 --> 01:05:59.000]  be sure and be very specific that you want to see the oath of office dated on or before a given date.
[01:05:59.000 --> 01:06:01.000]  Don't leave it wide open.
[01:06:01.000 --> 01:06:02.000]  Okay.
[01:06:02.000 --> 01:06:08.000]  Okay, and something I do in my open records requests, I use it as an art form.
[01:06:08.000 --> 01:06:10.000]  It's in my request.
[01:06:10.000 --> 01:06:14.000]  You can find one on my jurisprudence side, a blank form.
[01:06:14.000 --> 01:06:18.000]  There's a lot of stuff in there, and it's all in there for crapola they've tried to pull.
[01:06:18.000 --> 01:06:21.000]  I want to see the original document.
[01:06:21.000 --> 01:06:27.000]  This is not to be construed as a request for copies, because they'll do a song and dance,
[01:06:27.000 --> 01:06:33.000]  where you're going to have to pay us $10,000 for us to produce the copies.
[01:06:33.000 --> 01:06:35.000]  Well, I don't want any copies.
[01:06:35.000 --> 01:06:36.000]  I want to see the originals.
[01:06:36.000 --> 01:06:39.000]  I want to come and look at them.
[01:06:39.000 --> 01:06:40.000]  Take pictures of them.
[01:06:40.000 --> 01:06:47.000]  Yeah, that avoids this crapola with them trying to charge an exorbitant fee.
[01:06:47.000 --> 01:06:49.000]  Well, let's carry you off.
[01:06:49.000 --> 01:06:52.000]  You want a dollar a page when you only need two pages of it, you know.
[01:06:52.000 --> 01:06:59.000]  Right, and also, I don't request under Open Records Act.
[01:06:59.000 --> 01:07:05.000]  I request under any applicable statute, because they'll say,
[01:07:05.000 --> 01:07:09.000]  well, these are court records, and they don't fall under Open Records Act.
[01:07:09.000 --> 01:07:14.000]  Or these are Open Records Act, and they don't fall under the court records, and blah, blah, blah.
[01:07:14.000 --> 01:07:20.000]  So I demand them under any applicable statute.
[01:07:20.000 --> 01:07:28.000]  And I also demand that I be notified of any costs incurred in this inspection
[01:07:28.000 --> 01:07:36.000]  and of the specific authorization for said costs prior to incurrence of same.
[01:07:36.000 --> 01:07:45.000]  And also, if there is a request for an opinion made to any state agency,
[01:07:45.000 --> 01:07:50.000]  you demand a copy of the request.
[01:07:50.000 --> 01:07:56.000]  Look on my website, thejurisimprudence.com, and look under the blanks,
[01:07:56.000 --> 01:07:59.000]  and there will be a blank information request.
[01:07:59.000 --> 01:08:02.000]  A lot of those are the same ones you had on the frog site.
[01:08:02.000 --> 01:08:03.000]  Yeah, yeah, that's it.
[01:08:03.000 --> 01:08:04.000]  Jurisimprudence.
[01:08:04.000 --> 01:08:05.000]  Jurisimprudence, that's it.
[01:08:05.000 --> 01:08:06.000]  Yeah.
[01:08:06.000 --> 01:08:14.000]  Those things are in there because of crapola these guys have pulled to try to stall my access.
[01:08:14.000 --> 01:08:15.000]  Randy?
[01:08:15.000 --> 01:08:16.000]  Yes.
[01:08:16.000 --> 01:08:20.000]  You know, when I was at the Attorney General's office,
[01:08:20.000 --> 01:08:25.000]  each division has a public information request officer.
[01:08:25.000 --> 01:08:26.000]  Yes.
[01:08:26.000 --> 01:08:28.000]  All right.
[01:08:28.000 --> 01:08:33.000]  And you want to know who that individual is, okay?
[01:08:33.000 --> 01:08:36.000]  Actually, I don't care because...
[01:08:36.000 --> 01:08:37.000]  No, let me tell you.
[01:08:37.000 --> 01:08:38.000]  Go ahead.
[01:08:38.000 --> 01:08:39.000]  Hang on.
[01:08:39.000 --> 01:08:49.000]  I was involved in a PIR that I had requested, and I knew the attorney who was the PIR officer.
[01:08:49.000 --> 01:08:56.000]  And a couple of years later, they made it known to me that the individual,
[01:08:56.000 --> 01:09:08.000]  that an individual within the AG had told the PIR officer that they were not getting any documents
[01:09:08.000 --> 01:09:19.000]  and then deleted the emails that would have fallen under my request.
[01:09:19.000 --> 01:09:20.000]  Okay.
[01:09:20.000 --> 01:09:28.000]  Because I know who the PIR is, the PIR officer, I can then go if I wanted at that time,
[01:09:28.000 --> 01:09:40.000]  I could have gone and brought that person in and had them deposed or brought in as a witness in a court case.
[01:09:40.000 --> 01:09:41.000]  Do you see what I'm saying?
[01:09:41.000 --> 01:09:42.000]  Yes.
[01:09:42.000 --> 01:09:51.000]  And had this individual not known me and talked to me directly about this,
[01:09:51.000 --> 01:09:57.000]  if I just would have been jailed citizen off the street, you would have not known this.
[01:09:57.000 --> 01:09:58.000]  Okay.
[01:09:58.000 --> 01:10:00.000]  I got insider information.
[01:10:00.000 --> 01:10:01.000]  Okay.
[01:10:01.000 --> 01:10:03.000]  Very reliable insider information.
[01:10:03.000 --> 01:10:10.000]  And those are the things that happen behind the scenes that you as a citizen will not know.
[01:10:10.000 --> 01:10:11.000]  Yes.
[01:10:11.000 --> 01:10:13.000]  That I absolutely know about.
[01:10:13.000 --> 01:10:21.000]  And one of the things about requesting records is that if they know what you're looking for,
[01:10:21.000 --> 01:10:24.000]  they will tend to eliminate the records.
[01:10:24.000 --> 01:10:32.000]  Now, on a computerized record, and once again this is where knowing the policies is beneficial,
[01:10:32.000 --> 01:10:38.000]  the entire AG system backs up every 15 minutes.
[01:10:38.000 --> 01:10:40.000]  Okay.
[01:10:40.000 --> 01:10:47.000]  So everything you write on an AG computer is saved every 15 minutes.
[01:10:47.000 --> 01:10:52.000]  So even if they delete something, I can archive back and get it?
[01:10:52.000 --> 01:10:54.000]  Bingo.
[01:10:54.000 --> 01:10:55.000]  Well, okay.
[01:10:55.000 --> 01:11:00.000]  The thing I said when you said about knowing who the information officer is?
[01:11:00.000 --> 01:11:03.000]  Not the primary information officer.
[01:11:03.000 --> 01:11:12.000]  Any and all EIR officers involved with the discovery and disclosure of those documents.
[01:11:12.000 --> 01:11:13.000]  Okay.
[01:11:13.000 --> 01:11:19.000]  The reason I said that I didn't really care is generally when I make a request,
[01:11:19.000 --> 01:11:23.000]  if I make a request to an individual, he's going to say,
[01:11:23.000 --> 01:11:28.000]  well, you have to make that to the public information officer.
[01:11:28.000 --> 01:11:30.000]  I said, no, I don't.
[01:11:30.000 --> 01:11:32.000]  If you are not the public information officer,
[01:11:32.000 --> 01:11:37.000]  you are to forward the document to whoever is the public information officer.
[01:11:37.000 --> 01:11:40.000]  I don't have to go through your system and try to figure out who it is.
[01:11:40.000 --> 01:11:41.000]  Right.
[01:11:41.000 --> 01:11:43.000]  The statute requires that they get them to them.
[01:11:43.000 --> 01:11:45.000]  That was the only reason I said that.
[01:11:45.000 --> 01:11:49.000]  So whoever you give it to, if they're not the right person,
[01:11:49.000 --> 01:11:53.000]  they are required to forward to the person who is the right person.
[01:11:53.000 --> 01:11:54.000]  Correct.
[01:11:54.000 --> 01:11:55.000]  Correct.
[01:11:55.000 --> 01:11:57.000]  And you want to know who those people are.
[01:11:57.000 --> 01:11:59.000]  Who are these people getting these documents
[01:11:59.000 --> 01:12:06.000]  and in charge of reviewing the documents to see whether or not you get them?
[01:12:06.000 --> 01:12:07.000]  Yes.
[01:12:07.000 --> 01:12:11.000]  And once you get good with open records, for me it's an art form.
[01:12:11.000 --> 01:12:12.000]  Yes.
[01:12:12.000 --> 01:12:21.000]  I like to make my requests in a way that they will ask me stupid questions.
[01:12:21.000 --> 01:12:23.000]  And when they ask me a stupid question,
[01:12:23.000 --> 01:12:30.000]  I will file criminal charges against them claiming that their answer is non-responsive.
[01:12:30.000 --> 01:12:34.000]  I put in a request for all records collected and will maintain by the department
[01:12:34.000 --> 01:12:38.000]  that are specifically referenced by Article 1730 Code of Criminal Procedure.
[01:12:38.000 --> 01:12:40.000]  And the attorney sends me back a letter saying that
[01:12:40.000 --> 01:12:46.000]  we're the prosecuting attorney's office and Article 1730 only refers to the magistrate,
[01:12:46.000 --> 01:12:52.000]  not to our office, so we don't have any records responsive to the request.
[01:12:52.000 --> 01:13:00.000]  Yes, you do, Bubba, because the magistrate takes all those records and sends them to you.
[01:13:00.000 --> 01:13:09.000]  And now when I prove that he has them, now I've got this letter saying he doesn't have them.
[01:13:09.000 --> 01:13:13.000]  And at the time, when he read the statute,
[01:13:13.000 --> 01:13:18.000]  he didn't understand what it was referring to and he wrote me a stupid letter.
[01:13:18.000 --> 01:13:21.000]  Now I get to sting him with it.
[01:13:21.000 --> 01:13:25.000]  Or if they give me a half ounce of crapola,
[01:13:25.000 --> 01:13:30.000]  I have this information request called my scope and content request.
[01:13:30.000 --> 01:13:31.000]  All right.
[01:13:31.000 --> 01:13:32.000]  It all depends.
[01:13:32.000 --> 01:13:33.000]  Right.
[01:13:33.000 --> 01:13:37.000]  And I understand exactly what you're saying on here.
[01:13:37.000 --> 01:13:44.000]  I'm looking at it like where the production of documents is critical to a situation
[01:13:44.000 --> 01:13:46.000]  in that there could have been, in my case,
[01:13:46.000 --> 01:13:55.000]  it's sculptural information that I needed to see and working with that
[01:13:55.000 --> 01:14:00.000]  and then to find out that someone had dismissed this person
[01:14:00.000 --> 01:14:05.000]  to the point that they had filed a complaint within the agency
[01:14:05.000 --> 01:14:12.000]  because this person had a choice of either going with this or losing their law license.
[01:14:12.000 --> 01:14:16.000]  And, you know, it was a pretty big frat cow.
[01:14:16.000 --> 01:14:23.000]  And had I not known the individual, okay, I wouldn't have known about it.
[01:14:23.000 --> 01:14:29.000]  A regular citizen wouldn't know about this action going on behind here.
[01:14:29.000 --> 01:14:33.000]  And, of course, you know, how damning does that look?
[01:14:33.000 --> 01:14:38.000]  Yeah, that's what I use open records for.
[01:14:38.000 --> 01:14:42.000]  It's because agencies are generally pretty blase about it.
[01:14:42.000 --> 01:14:47.000]  And the key thing about open records is, at least in Texas,
[01:14:47.000 --> 01:14:52.000]  is the Open Records Act is not a civil statute.
[01:14:52.000 --> 01:14:54.000]  It's a criminal statute.
[01:14:54.000 --> 01:14:59.000]  And when somebody violates open records, they say, well, you can file suit.
[01:14:59.000 --> 01:15:03.000]  I said, no, it's not a civil statute.
[01:15:03.000 --> 01:15:04.000]  It's criminal.
[01:15:04.000 --> 01:15:07.000]  I can't file criminal charges.
[01:15:07.000 --> 01:15:15.000]  And if you're requesting from the AG, the AG, Abbott, made a big deal
[01:15:15.000 --> 01:15:22.000]  and set a corner under the agency about being transparent and open on open records.
[01:15:22.000 --> 01:15:27.000]  I have a whole stack of complaints against Greg Abbott.
[01:15:27.000 --> 01:15:29.000]  Really?
[01:15:29.000 --> 01:15:33.000]  Color me shocked.
[01:15:33.000 --> 01:15:37.000]  I don't know if my sarcasm is coming through at this time of night.
[01:15:37.000 --> 01:15:43.000]  I went to the county attorney in Wise County because I filed criminal charges
[01:15:43.000 --> 01:15:49.000]  against the district judge and the district attorney with the attorney general.
[01:15:49.000 --> 01:15:53.000]  The only time I can find where the attorney general has original jurisdiction
[01:15:53.000 --> 01:16:01.000]  in a criminal accusation in Texas, when he has original prosecutorial jurisdiction,
[01:16:01.000 --> 01:16:09.000]  is when you file a complaint under open records against the district or county attorney.
[01:16:09.000 --> 01:16:10.000]  Right.
[01:16:10.000 --> 01:16:13.000]  You file it with the attorney general and he has original jurisdiction.
[01:16:13.000 --> 01:16:15.000]  I did that.
[01:16:15.000 --> 01:16:16.000]  Right.
[01:16:16.000 --> 01:16:19.000]  And they loved you.
[01:16:19.000 --> 01:16:26.000]  What they did was sent back an answer saying that since it was against the district attorney,
[01:16:26.000 --> 01:16:29.000]  I had to file it with the county attorney.
[01:16:29.000 --> 01:16:33.000]  So I went to the county attorney and told him this is hogwash.
[01:16:33.000 --> 01:16:37.000]  And he said, well, then you really need to file the complaints with me.
[01:16:37.000 --> 01:16:39.000]  I said, okay.
[01:16:39.000 --> 01:16:43.000]  I filed complaints with him against the attorney general.
[01:16:43.000 --> 01:16:44.000]  Yeah.
[01:16:44.000 --> 01:16:50.000]  He said, oh, Mr. Kelton, you give me such a pain in the behind.
[01:16:50.000 --> 01:16:53.000]  I have a little something to throw in there on the public records.
[01:16:53.000 --> 01:16:54.000]  Sir?
[01:16:54.000 --> 01:16:56.000]  A little something I want to throw in there on the public records.
[01:16:56.000 --> 01:17:00.000]  This is Steve, in case you forgot.
[01:17:00.000 --> 01:17:02.000]  So everyone has their strategy, but I like to use them.
[01:17:02.000 --> 01:17:05.000]  I hope they don't answer them because I like to go in there and take a paper copy.
[01:17:05.000 --> 01:17:08.000]  I'll take like five copies of the one request and I'll get them all date stamped
[01:17:08.000 --> 01:17:09.000]  of when I receive them.
[01:17:09.000 --> 01:17:10.000]  And then I just leave it.
[01:17:10.000 --> 01:17:11.000]  I don't care who gets it.
[01:17:11.000 --> 01:17:14.000]  If they don't answer it and the judge has a note that has all that office and everything,
[01:17:14.000 --> 01:17:17.000]  then I just use that against them that he doesn't even got no records, you know?
[01:17:17.000 --> 01:17:18.000]  Right.
[01:17:18.000 --> 01:17:20.000]  But there are times when you want, Steve,
[01:17:20.000 --> 01:17:23.000]  there are times when you want to get hold of documents.
[01:17:23.000 --> 01:17:24.000]  Yeah.
[01:17:24.000 --> 01:17:25.000]  Okay.
[01:17:25.000 --> 01:17:26.000]  It all depends on the tactic.
[01:17:26.000 --> 01:17:27.000]  Okay.
[01:17:27.000 --> 01:17:28.000]  Yes.
[01:17:28.000 --> 01:17:31.000]  There are documents that you actually want to get your hands on,
[01:17:31.000 --> 01:17:33.000]  and then there are times that you don't care.
[01:17:33.000 --> 01:17:34.000]  It's a tactic.
[01:17:34.000 --> 01:17:42.000]  And by them not answering is as damning as if they gave you something, you know.
[01:17:42.000 --> 01:17:44.000]  It looks bad, obviously.
[01:17:44.000 --> 01:17:45.000]  Of course.
[01:17:45.000 --> 01:17:47.000]  Failure to deny.
[01:17:47.000 --> 01:17:48.000]  Right.
[01:17:48.000 --> 01:17:51.000]  And so it all depends on the tactic being applied.
[01:17:51.000 --> 01:17:55.000]  And the particular situation I was involved in,
[01:17:55.000 --> 01:18:00.000]  because there was no litigation, there was nothing swirling that way at that time,
[01:18:00.000 --> 01:18:05.000]  so I was on an information hunt, okay?
[01:18:05.000 --> 01:18:09.000]  I was investigating, and I was trying to get to something,
[01:18:09.000 --> 01:18:15.000]  and I was being denied access to the information I knew was out there.
[01:18:15.000 --> 01:18:17.000]  I just couldn't get my hands on it,
[01:18:17.000 --> 01:18:23.000]  and I desperately wanted to get my hands on that information, okay?
[01:18:23.000 --> 01:18:26.000]  And so my situation was a little different.
[01:18:26.000 --> 01:18:29.000]  Go ahead, sir.
[01:18:29.000 --> 01:18:32.000]  Well, I'm just saying I would use those public record requests and to call
[01:18:32.000 --> 01:18:34.000]  all these people to show that they're not answering it,
[01:18:34.000 --> 01:18:37.000]  so that's why I have to get the state-damped ones that I can make copies of
[01:18:37.000 --> 01:18:39.000]  and pass them up ahead to show that the lower guys
[01:18:39.000 --> 01:18:41.000]  ain't getting what they're supposed to give.
[01:18:41.000 --> 01:18:42.000]  Right, right.
[01:18:42.000 --> 01:18:46.000]  And then you need to look at the policy of your state,
[01:18:46.000 --> 01:18:54.000]  if PIRs come under the jurisdiction like it does in Texas of the Attorney General.
[01:18:54.000 --> 01:18:57.000]  Yes, and I'm trying to do it in Article 1, Section 24.
[01:18:57.000 --> 01:18:59.000]  Okay, listen, listen, guys.
[01:18:59.000 --> 01:19:01.000]  We need to cut to a break for a minute, okay?
[01:19:01.000 --> 01:19:02.000]  I'll let you guys go.
[01:19:02.000 --> 01:19:03.000]  Go to another caller, man.
[01:19:03.000 --> 01:19:04.000]  This is great.
[01:19:04.000 --> 01:19:05.000]  Okay, all right.
[01:19:05.000 --> 01:19:06.000]  We're going to go to break.
[01:19:06.000 --> 01:19:07.000]  Thanks, Deborah.
[01:19:07.000 --> 01:19:08.000]  Thanks, Randy.
[01:19:08.000 --> 01:19:09.000]  All right, all right.
[01:19:09.000 --> 01:19:11.000]  We're going to continue to take your calls on the other side.
[01:19:11.000 --> 01:19:12.000]  We'll be right back.
[01:19:12.000 --> 01:19:27.000]  We'll be right back.
[01:19:42.000 --> 01:20:01.000]  Thank you.
[01:20:01.000 --> 01:20:10.000]  Thank you.
[01:20:10.000 --> 01:20:15.000]  Thank you.
[01:20:40.000 --> 01:20:48.000]  Thank you.
[01:20:48.000 --> 01:20:56.000]  Thank you.
[01:20:56.000 --> 01:21:04.000]  Thank you.
[01:21:04.000 --> 01:21:14.000]  Thank you.
[01:21:14.000 --> 01:21:19.000]  Thank you.
[01:21:19.000 --> 01:21:21.000]  Thank you.
[01:21:21.000 --> 01:21:29.000]  Thank you.
[01:21:29.000 --> 01:21:32.000]  I know he rides again
[01:21:36.000 --> 01:21:39.000]  The prophet rides again
[01:21:43.000 --> 01:21:46.000]  The prophet rides again
[01:21:50.000 --> 01:21:53.000]  The prophet rides again
[01:21:53.000 --> 01:21:56.000]  The prophet rides again
[01:21:57.000 --> 01:22:01.000]  But so when you see all that you do
[01:22:04.000 --> 01:22:09.000]  And when you still remain untroubled
[01:22:11.000 --> 01:22:15.000]  Just lift up your head and look straight ahead
[01:22:15.000 --> 01:22:20.000]  So children are still to be seen
[01:22:20.000 --> 01:22:45.000]  Okay, we are back. We're taking all of your calls. He rides again. Our Jaja prophet rides again.
[01:22:45.000 --> 01:22:50.000]  He is a first-time caller. Jacob, thanks for calling in. What's on your mind tonight?
[01:22:50.000 --> 01:23:02.000]  Hey, yeah. Well, a lot. Your program is just wonderful. It's so good to hear righteousness on the radio at this hour.
[01:23:02.000 --> 01:23:18.000]  I was listening earlier and I wanted to call in when you were talking about these, well, the tyranny that's slipping into the police of the nation and of the states.
[01:23:18.000 --> 01:23:26.000]  I had a question. I live in Austin. I don't know if I should say the name of the store.
[01:23:26.000 --> 01:23:35.000]  But I go into a grocery store periodically and they've got policemen walking around through the grocery store all the time.
[01:23:35.000 --> 01:23:47.000]  And I found that was very unnerving. And I have a question of this. What is the rightful relationship between law enforcement and businesses?
[01:23:47.000 --> 01:24:01.000]  And then furthermore, the rights, like if a security guard tries to detain you, what rights do they have and what are your rights in that instance?
[01:24:01.000 --> 01:24:07.000]  Can I jump on this one? Sure. Yeah, sure. All right. Here's the deal.
[01:24:07.000 --> 01:24:24.000]  A lot of businesses will hire police officers off duty, right? Pay them. They show up in uniform and they are in store security theft prevention, if you will.
[01:24:24.000 --> 01:24:28.000]  Okay? They're not on official duty.
[01:24:28.000 --> 01:24:38.000]  However, in the state of Texas, if you're a commissioned, you have to be a T-CLOS certified commissioned police officer.
[01:24:38.000 --> 01:24:50.000]  Okay? Which all these guys are. And they can arrest anyone at any time who is violating the law. You with me?
[01:24:50.000 --> 01:24:52.000]  Yes, absolutely.
[01:24:52.000 --> 01:25:05.000]  Now, a security guard who is not T-CLOS certified or commissioned police officer has virtually no authority.
[01:25:05.000 --> 01:25:06.000]  Okay.
[01:25:06.000 --> 01:25:10.000]  If they try to detain me, could I just walk out the store?
[01:25:10.000 --> 01:25:13.000]  Well, his power to arrest is the same as any citizen.
[01:25:13.000 --> 01:25:22.000]  He can arrest for the commission of a felony or a breach of the peace committed in his presence as a citizen and do the same as a security officer.
[01:25:22.000 --> 01:25:28.000]  But he does have a liability attached that the citizen may not.
[01:25:28.000 --> 01:25:31.000]  Is this for the security guard or the police officer?
[01:25:31.000 --> 01:25:33.000]  The security guard.
[01:25:33.000 --> 01:25:44.000]  Right. And I'm trying to think because you have two flavors of security guard, armed and unarmed,
[01:25:44.000 --> 01:25:57.000]  and I'm just not that up on the legal requirement and their policy on the use of deadly force.
[01:25:57.000 --> 01:26:06.000]  Well, just like from what I've read on it recently, 1401 is what gives them the authority to do an arrest if there is a breach of the peace
[01:26:06.000 --> 01:26:08.000]  or a felony committed in their presence.
[01:26:08.000 --> 01:26:20.000]  As far as use of lethal force, same as police department, there must be a justifiable cause for the use of that force or he's in deep, deep doo-doo.
[01:26:20.000 --> 01:26:34.000]  Right. And, you know, but yeah, it is intimidating to go into, you know, who knew it was going to get that tough around with celery, right?
[01:26:34.000 --> 01:26:35.000]  Yeah.
[01:26:35.000 --> 01:26:40.000]  To go into a grocery store, you know, and there's police everywhere.
[01:26:40.000 --> 01:26:42.000]  I mean, my God, it's a grocery store.
[01:26:42.000 --> 01:26:44.000]  Yeah, just crawling with cops.
[01:26:44.000 --> 01:26:45.000]  You know?
[01:26:45.000 --> 01:26:50.000]  Well, if you're in a high crime neighborhood, they'll also do that to prevent shoplifting.
[01:26:50.000 --> 01:26:57.000]  They'll do it during certain seasons of the year simply because that's when shoplifting will generally pick up.
[01:26:57.000 --> 01:27:04.000]  They do that in the Wal-Mart here and they do it in one of the big grocery stores there in Houston next to where the Astrodome used to be.
[01:27:04.000 --> 01:27:05.000]  Yeah, I know that.
[01:27:05.000 --> 01:27:07.000]  I used to stay at the Holiday Inn over there.
[01:27:07.000 --> 01:27:09.000]  Man, it was like, you know, cover me.
[01:27:09.000 --> 01:27:11.000]  I'm going to the ATM machine.
[01:27:11.000 --> 01:27:12.000]  Exactly.
[01:27:12.000 --> 01:27:13.000]  There you go.
[01:27:13.000 --> 01:27:14.000]  That's a fact.
[01:27:14.000 --> 01:27:25.000]  But the thing, too, is also present when you have uniformed officers out there because most of the time in-store security is usually plain clothes, very low-key.
[01:27:25.000 --> 01:27:34.000]  But when they have uniformed officers out there, they're making a statement, the store is, all right, by having uniformed officers.
[01:27:34.000 --> 01:27:38.000]  And it's intimidating, and it's meant to be intimidating.
[01:27:38.000 --> 01:27:40.000]  It's meant to say...
[01:27:40.000 --> 01:27:41.000]  Sir?
[01:27:41.000 --> 01:27:42.000]  Because the...
[01:27:42.000 --> 01:27:43.000]  Yeah, sorry.
[01:27:43.000 --> 01:27:45.000]  No, go ahead with what you were saying.
[01:27:45.000 --> 01:28:02.000]  Well, this is interesting because this is a store that likes to play itself up as a very liberal, very freedom-loving kind of value system that they propose to be in line with this.
[01:28:02.000 --> 01:28:05.000]  But then again, they have police officers crawling...
[01:28:05.000 --> 01:28:10.000]  Have you talked to the managers about it?
[01:28:10.000 --> 01:28:11.000]  Maybe not the managers.
[01:28:11.000 --> 01:28:16.000]  I've mentioned it to some employees, and they shrug it off.
[01:28:16.000 --> 01:28:22.000]  No, you need to talk to the manager, chief manager, and say, you know, what's up with this, man?
[01:28:22.000 --> 01:28:23.000]  You know?
[01:28:23.000 --> 01:28:24.000]  Yeah.
[01:28:24.000 --> 01:28:25.000]  What's going on here?
[01:28:25.000 --> 01:28:26.000]  It feels like a police state.
[01:28:26.000 --> 01:28:35.000]  I remember growing up in Hawaii, I grew up on Maui, and they have big sugar cane business there.
[01:28:35.000 --> 01:28:36.000]  And it's like a mafia.
[01:28:36.000 --> 01:28:46.000]  I mean, going back, you know, years and years, the agriculture big boys there have run a lot of the show there.
[01:28:46.000 --> 01:28:47.000]  Sure.
[01:28:47.000 --> 01:28:53.000]  And there's lots of criminal history tying them to other criminal elements.
[01:28:53.000 --> 01:29:02.000]  And all the time, when the sugar cane trucks had to cross the road, you had cops coming out, stopping traffic.
[01:29:02.000 --> 01:29:10.000]  And it just...when you see that kind of alliance between big business and police, this is...and what was alluded...
[01:29:10.000 --> 01:29:16.000]  what was spoken of earlier, this is just...it's very unnerving.
[01:29:16.000 --> 01:29:19.000]  I mean, is it the Gestapo?
[01:29:19.000 --> 01:29:28.000]  Well, it's not in the same sense as in Nazi Germany, but now you've got these fascist big businesses in Wall Street.
[01:29:28.000 --> 01:29:33.000]  Now, you do have the right to vote with your feet and your wallet.
[01:29:33.000 --> 01:29:35.000]  Yeah. Oh, yeah.
[01:29:35.000 --> 01:29:38.000]  And so I would get that...I wouldn't give that story.
[01:29:38.000 --> 01:29:44.000]  I would tell the store manager that I don't like this, okay, and then go somewhere else.
[01:29:44.000 --> 01:29:46.000]  Yeah.
[01:29:46.000 --> 01:29:55.000]  Yeah, there are some instances like what you're talking about in Maui where that appearance of uniformed police officers working off duty
[01:29:55.000 --> 01:30:04.000]  but still in uniform could be very...cause very serious sense of impropriety in certain cases.
[01:30:04.000 --> 01:30:14.000]  Well, I mean, Mike, I have...I have...I found myself in and there was a certain gentleman's club out in Weston.
[01:30:14.000 --> 01:30:22.000]  We needed another layout on the inside of it, but this gentleman's club has hired a lot of the police officers
[01:30:22.000 --> 01:30:31.000]  from this particular city to act as door, door security and work the front door, okay?
[01:30:31.000 --> 01:30:40.000]  And so anybody with any law enforcement, local, got spotted immediately going in there.
[01:30:40.000 --> 01:30:48.000]  And so they brought me from the outside to go in there, you know, which was, you know, hazardous duty,
[01:30:48.000 --> 01:30:55.000]  to go in this gentleman's club for three or four hours, but hated it.
[01:30:55.000 --> 01:30:57.000]  Basically buried.
[01:30:57.000 --> 01:31:10.000]  But, you know, here once again, you know, we had all these police officers in plain clothes working the door, you know,
[01:31:10.000 --> 01:31:23.000]  and you see a lot of things of businesses will give...got in the Houston area the cot cups that all the 7-Eleven and stores
[01:31:23.000 --> 01:31:28.000]  where cops can go in there and get a free cup of coffee or a free soda
[01:31:28.000 --> 01:31:32.000]  because they want uniformed officers popping into those stores.
[01:31:32.000 --> 01:31:34.000]  Yeah.
[01:31:34.000 --> 01:31:40.000]  So I don't really think of that in my mind as a police state.
[01:31:40.000 --> 01:31:47.000]  I mean, that's just a good business ploy to have a little additional security
[01:31:47.000 --> 01:31:54.000]  and it's protection for the customers and the employees who work there, all right?
[01:31:54.000 --> 01:31:55.000]  Yeah.
[01:31:55.000 --> 01:31:58.000]  As opposed to...you see what I'm saying?
[01:31:58.000 --> 01:32:02.000]  You can look at it in that way or you can look at it as a police state.
[01:32:02.000 --> 01:32:06.000]  Like, John, we're kind of having trouble hearing you because of dog barking.
[01:32:06.000 --> 01:32:08.000]  Oh, I'm...yeah.
[01:32:08.000 --> 01:32:13.000]  Andy, stand down. Stand down.
[01:32:13.000 --> 01:32:14.000]  So...
[01:32:14.000 --> 01:32:16.000]  It seems, yeah, the context.
[01:32:16.000 --> 01:32:21.000]  I mean, here in this particular case, I don't see it as warranted.
[01:32:21.000 --> 01:32:27.000]  I mean, yeah, maybe they need security to keep an eye on theft, but it definitely has that flavor.
[01:32:27.000 --> 01:32:31.000]  What part of Austin is it?
[01:32:31.000 --> 01:32:33.000]  It's Whole Foods.
[01:32:33.000 --> 01:32:35.000]  Oh, really? Which one?
[01:32:35.000 --> 01:32:40.000]  Yeah, the one on Fifth Street.
[01:32:40.000 --> 01:32:47.000]  So, yeah, like I said, go someplace else, my friend.
[01:32:47.000 --> 01:32:48.000]  Absolutely.
[01:32:48.000 --> 01:32:49.000]  Hey, thanks.
[01:32:49.000 --> 01:32:50.000]  I enjoy your show.
[01:32:50.000 --> 01:32:55.000]  I'm learning a lot.
[01:32:55.000 --> 01:32:56.000]  Thank you.
[01:32:56.000 --> 01:32:58.000]  Thank you for calling in, Jacob.
[01:32:58.000 --> 01:32:59.000]  Thank you.
[01:32:59.000 --> 01:33:01.000]  Okay, we're going to go.
[01:33:01.000 --> 01:33:03.000]  Yes, we've got two more callers now.
[01:33:03.000 --> 01:33:06.000]  We're going to Randy in Texas.
[01:33:06.000 --> 01:33:08.000]  Randy, thanks for calling in.
[01:33:08.000 --> 01:33:10.000]  What's on your mind tonight?
[01:33:10.000 --> 01:33:13.000]  Randy?
[01:33:13.000 --> 01:33:15.000]  Okay, maybe he hung up.
[01:33:15.000 --> 01:33:17.000]  Okay, we've got one more caller.
[01:33:17.000 --> 01:33:18.000]  I'm sorry.
[01:33:18.000 --> 01:33:19.000]  This caller just called in.
[01:33:19.000 --> 01:33:20.000]  I haven't had a chance to screen it yet.
[01:33:20.000 --> 01:33:22.000]  Caller, thank you for calling in.
[01:33:22.000 --> 01:33:23.000]  I don't know your name yet.
[01:33:23.000 --> 01:33:26.000]  Can you give us your name and what state you're from?
[01:33:26.000 --> 01:33:29.000]  Well, I was on earlier, but I didn't call to talk again.
[01:33:29.000 --> 01:33:31.000]  I just called to listen.
[01:33:31.000 --> 01:33:32.000]  Oh, okay.
[01:33:32.000 --> 01:33:33.000]  All right.
[01:33:33.000 --> 01:33:35.000]  Yeah, because the listener line is down after midnight.
[01:33:35.000 --> 01:33:38.000]  There's somebody else on that other line now.
[01:33:38.000 --> 01:33:39.000]  I won't say.
[01:33:39.000 --> 01:33:40.000]  Yeah, yeah.
[01:33:40.000 --> 01:33:41.000]  All right.
[01:33:41.000 --> 01:33:42.000]  Well, thank you.
[01:33:42.000 --> 01:33:43.000]  Thanks for listening.
[01:33:43.000 --> 01:33:45.000]  And I have a tip for you.
[01:33:45.000 --> 01:33:48.000]  You talked about the law library at UT.
[01:33:48.000 --> 01:33:56.000]  You go to the city library in Austin and tell them you want a Texas share card.
[01:33:56.000 --> 01:34:01.000]  You can go in any library, including the UT law library, like anyone else,
[01:34:01.000 --> 01:34:08.000]  like going in any city library or to any other city, say Temple, Texas.
[01:34:08.000 --> 01:34:17.000]  You can walk in their city libraries with that Texas share card and you're home free.
[01:34:17.000 --> 01:34:18.000]  Cool.
[01:34:18.000 --> 01:34:20.000]  Okay, awesome.
[01:34:20.000 --> 01:34:22.000]  And I don't think they charge you for it.
[01:34:22.000 --> 01:34:25.000]  If they do, it's maybe 10 bucks.
[01:34:25.000 --> 01:34:34.000]  And the other thing, I just picked up on someone's talking about the uniformed
[01:34:34.000 --> 01:34:39.000]  off-duty policeman acting as security guards.
[01:34:39.000 --> 01:34:44.000]  I think the reason Austin, like the last 7-Eleven stores,
[01:34:44.000 --> 01:34:49.000]  especially in the bad neighborhoods, they have signs on the door that says,
[01:34:49.000 --> 01:34:55.000]  one of our employees may be an off-duty policeman in plain clothes.
[01:34:55.000 --> 01:34:56.000]  They do that.
[01:34:56.000 --> 01:35:02.000]  They do hire policemen, but they do that to stop robberies.
[01:35:02.000 --> 01:35:09.000]  If you go to Belk County, where the walk-in robbery rate is real bad,
[01:35:09.000 --> 01:35:17.000]  almost all have one, at least one of their employees is a policeman off-duty at all times.
[01:35:17.000 --> 01:35:20.000]  And it's not a police state up there.
[01:35:20.000 --> 01:35:23.000]  It's real security if you want.
[01:35:23.000 --> 01:35:30.000]  You don't feel safe if you walk into a store at 1 o'clock in the morning
[01:35:30.000 --> 01:35:35.000]  and there's no one in there but a clerk and then a strange person comes in behind you.
[01:35:35.000 --> 01:35:40.000]  And if you know that one of the people in the store is an off-duty policeman,
[01:35:40.000 --> 01:35:48.000]  you feel a lot more secure.
[01:35:48.000 --> 01:35:50.000]  Yeah, I've got experience with that.
[01:35:50.000 --> 01:35:54.000]  When I was up in Aurora, Colorado, there was a Taco Bell just down the street
[01:35:54.000 --> 01:36:00.000]  from my apartment that was robbed so many times that they finally sealed up
[01:36:00.000 --> 01:36:04.000]  the entire counter behind 3-inch-thick bulletproof glass
[01:36:04.000 --> 01:36:07.000]  and turned it into a bank vault.
[01:36:07.000 --> 01:36:09.000]  Well, we have situations...
[01:36:09.000 --> 01:36:12.000]  All they'd have to do is hit them with a burrito, man.
[01:36:12.000 --> 01:36:18.000]  Probably unbeknownst to most people, but North Lamar over there,
[01:36:18.000 --> 01:36:22.000]  just about two blocks north of 183, if you take a left,
[01:36:22.000 --> 01:36:27.000]  there's a convenience store behind that, one of those pizza parters.
[01:36:27.000 --> 01:36:32.000]  Anyway, they've been robbed many times and I think someone was actually killed in that store,
[01:36:32.000 --> 01:36:36.000]  but they put bulletproof all the way across and they don't even...
[01:36:36.000 --> 01:36:39.000]  They're just like a bank.
[01:36:39.000 --> 01:36:42.000]  When you go in that store, you can bring your stuff,
[01:36:42.000 --> 01:36:46.000]  but you get serviced through a window.
[01:36:46.000 --> 01:36:49.000]  And over on South Airport Boulevard, the same way,
[01:36:49.000 --> 01:36:53.000]  and there's about four or five that I know about.
[01:36:53.000 --> 01:36:57.000]  I used to sell bulletproof glass and that's how I learned about them.
[01:36:57.000 --> 01:37:04.000]  You know, things are not like we think they are.
[01:37:04.000 --> 01:37:07.000]  No, they're actually worse.
[01:37:07.000 --> 01:37:13.000]  There's a lot of bad stuff that goes on that we never know about.
[01:37:13.000 --> 01:37:15.000]  You know, that's true, man.
[01:37:15.000 --> 01:37:18.000]  The monsters come out at night, no question.
[01:37:18.000 --> 01:37:22.000]  Yeah, John, now you do know if you defend yourself with a Taco Bell burrito,
[01:37:22.000 --> 01:37:24.000]  that's excessive force.
[01:37:24.000 --> 01:37:28.000]  Or use of a deadly weapon and if you put hot sauce on it,
[01:37:28.000 --> 01:37:33.000]  you know, it takes it up to another class level.
[01:37:33.000 --> 01:37:42.000]  And, you know, God, I've eaten so much bad food when I was...
[01:37:42.000 --> 01:37:44.000]  The wife may hear you.
[01:37:44.000 --> 01:37:51.000]  And I just, oh, it was just terrible, you know.
[01:37:51.000 --> 01:37:55.000]  I had a buck for every doughnut I've eaten.
[01:37:55.000 --> 01:37:56.000]  In fact, when I got married,
[01:37:56.000 --> 01:38:03.000]  I actually thought dinner was supposed to come through a window in a bag, you know.
[01:38:03.000 --> 01:38:07.000]  No, you all remember when they used to have the shotgun squad?
[01:38:07.000 --> 01:38:09.000]  This was up in Dallas.
[01:38:09.000 --> 01:38:14.000]  And they would actually have shotgun squads hiding behind the beer in the coolers.
[01:38:14.000 --> 01:38:20.000]  And when the place got robbed, man, they'd come busting out and take the guy down.
[01:38:20.000 --> 01:38:25.000]  Or throw him into weekly or something.
[01:38:25.000 --> 01:38:34.000]  But, you know, it was like I was telling the other caller, you know,
[01:38:34.000 --> 01:38:39.000]  these merchants will hire security and everything like that.
[01:38:39.000 --> 01:38:42.000]  And sometimes it's really justified and warranted.
[01:38:42.000 --> 01:38:45.000]  And I guess it's just your perception.
[01:38:45.000 --> 01:38:51.000]  And it also is how the officers treat the clients and the customers in the store.
[01:38:51.000 --> 01:38:54.000]  Well, there's an association of police officers.
[01:38:54.000 --> 01:39:01.000]  And the association is set up especially for merchants
[01:39:01.000 --> 01:39:06.000]  or anyone that wants to hire them as off-duty security.
[01:39:06.000 --> 01:39:09.000]  They can make a call to the police association.
[01:39:09.000 --> 01:39:11.000]  And they have off-duty officers.
[01:39:11.000 --> 01:39:13.000]  And I forget the rate.
[01:39:13.000 --> 01:39:17.000]  It's either $20 an hour or $30 an hour.
[01:39:17.000 --> 01:39:22.000]  But you pay them by the hour, and they'll either come uniformed or un-uniformed.
[01:39:22.000 --> 01:39:24.000]  It doesn't make any difference.
[01:39:24.000 --> 01:39:27.000]  And see, that's a good gig for the cops, man.
[01:39:27.000 --> 01:39:29.000]  They jockey around for that.
[01:39:29.000 --> 01:39:35.000]  And so the policeman needs to pick up an extra half a week's wages.
[01:39:35.000 --> 01:39:38.000]  He just works after hours.
[01:39:38.000 --> 01:39:40.000]  And it's all legit.
[01:39:40.000 --> 01:39:42.000]  Everything works.
[01:39:42.000 --> 01:39:49.000]  Even apartment complexes will offer low or free rent to a police officer.
[01:39:49.000 --> 01:39:51.000]  And there are several restaurants.
[01:39:51.000 --> 01:39:54.000]  I heard someone say, I had to change my phone.
[01:39:54.000 --> 01:39:55.000]  My battery went out.
[01:39:55.000 --> 01:40:01.000]  But anyway, when I picked up, someone was talking about police working off-duty.
[01:40:01.000 --> 01:40:05.000]  There are several restaurants you can go to up and down Lamar on both ends.
[01:40:05.000 --> 01:40:13.000]  And if you're in uniform, you just walk in and you don't pay.
[01:40:13.000 --> 01:40:16.000]  Your food's on the house.
[01:40:16.000 --> 01:40:18.000]  Yeah, there's some perks up to the job.
[01:40:18.000 --> 01:40:20.000]  No question about it.
[01:40:20.000 --> 01:40:22.000]  No question about it.
[01:40:22.000 --> 01:40:24.000]  And that's good.
[01:40:24.000 --> 01:40:27.000]  I mean, you're sitting in there with 100 people,
[01:40:27.000 --> 01:40:32.000]  and some guy walks in with a gun and says, dump all your wallet
[01:40:32.000 --> 01:40:35.000]  and all your money in this bag, and he walks around.
[01:40:35.000 --> 01:40:39.000]  There's a policeman in the house, or he sees a police car sitting out in the parking lot.
[01:40:39.000 --> 01:40:43.000]  He's going to think twice before he comes in, you know,
[01:40:43.000 --> 01:40:47.000]  robbing everybody that's in the restaurant.
[01:40:47.000 --> 01:40:49.000]  Well, you know, that really depends.
[01:40:49.000 --> 01:40:54.000]  I have been a witness to one of the grossest acts of stupidity of all time.
[01:40:54.000 --> 01:41:00.000]  When I was in Denver, there was a gun show at the Coliseum up there.
[01:41:00.000 --> 01:41:05.000]  Two black gentlemen walked into a gun show with thousands of participants
[01:41:05.000 --> 01:41:10.000]  and attempted to hold the place up at gunpoint.
[01:41:10.000 --> 01:41:15.000]  They had more bullet holes in them before they could finish speaking
[01:41:15.000 --> 01:41:17.000]  than was humanly possible.
[01:41:17.000 --> 01:41:26.000]  One guy was shot nine times before he ever managed to get his gun pointed straight.
[01:41:26.000 --> 01:41:29.000]  And believe it or not, both of them survived.
[01:41:29.000 --> 01:41:32.000]  They were full of holes, but they survived.
[01:41:32.000 --> 01:41:38.000]  And things like that got published more so that everyone that read the newspaper
[01:41:38.000 --> 01:41:42.000]  or heard the news or watched the TV saw it.
[01:41:42.000 --> 01:41:48.000]  You know, we'd have a lot more people walking in holding up people.
[01:41:48.000 --> 01:41:49.000]  Yeah.
[01:41:49.000 --> 01:41:54.000]  And you know, if it was the fear and the criminal that everybody he walks in on
[01:41:54.000 --> 01:41:59.000]  could be carrying a gun, you'd see a lot less of them walking around.
[01:41:59.000 --> 01:42:00.000]  Yeah.
[01:42:00.000 --> 01:42:05.000]  Well, I think there's an old adage that it's better to have a gun in the hand
[01:42:05.000 --> 01:42:07.000]  than a cop on the phone.
[01:42:07.000 --> 01:42:08.000]  Yeah.
[01:42:08.000 --> 01:42:10.000]  Yeah.
[01:42:10.000 --> 01:42:11.000]  Yeah.
[01:42:11.000 --> 01:42:15.000]  Well, the fact that we can now carry in Texas, I think the crime rate,
[01:42:15.000 --> 01:42:20.000]  I don't remember, it dropped drastically just because you don't know
[01:42:20.000 --> 01:42:22.000]  who's got a gun tucked under their seat.
[01:42:22.000 --> 01:42:30.000]  You don't want to get out of line because the next guy may have –
[01:42:30.000 --> 01:42:35.000]  he may be between two armed people on each side of your car.
[01:42:35.000 --> 01:42:36.000]  Yeah.
[01:42:36.000 --> 01:42:40.000]  Look at how quickly the Louisiana carjackings dropped in number
[01:42:40.000 --> 01:42:46.000]  when they passed the Make My Day law.
[01:42:46.000 --> 01:42:50.000]  Well, you know what they say about Louisiana, don't you?
[01:42:50.000 --> 01:42:52.000]  Which time?
[01:42:52.000 --> 01:42:57.000]  Half the state's underwater, the other half's under investigation.
[01:42:57.000 --> 01:42:59.000]  Yeah.
[01:42:59.000 --> 01:43:02.000]  And usually the ones that are under investigation are the reason
[01:43:02.000 --> 01:43:04.000]  there's half of them underwater.
[01:43:04.000 --> 01:43:07.000]  Water, yeah.
[01:43:07.000 --> 01:43:14.000]  No, you know, your point's well taken and these police officers do get a lot of
[01:43:14.000 --> 01:43:22.000]  calls for security at special events and this and that, and the rate is usually
[01:43:22.000 --> 01:43:27.000]  in the $25-plus dollars an hour.
[01:43:27.000 --> 01:43:32.000]  Yeah, maybe $250 an hour now, but just consider –
[01:43:32.000 --> 01:43:38.000]  Our guys were real upset at the attorney general's office, our commission guys,
[01:43:38.000 --> 01:43:43.000]  because the attorney general said, no, you're not going to do that.
[01:43:43.000 --> 01:43:45.000]  And so –
[01:43:45.000 --> 01:43:46.000]  After?
[01:43:46.000 --> 01:43:47.000]  Right.
[01:43:47.000 --> 01:43:50.000]  They could not hire on a security.
[01:43:50.000 --> 01:43:52.000]  No moonlight.
[01:43:52.000 --> 01:43:54.000]  No moonlight.
[01:43:54.000 --> 01:43:58.000]  I've seen Texas Rangers at movie theaters and I've seen –
[01:43:58.000 --> 01:44:00.000]  Well, DPS.
[01:44:00.000 --> 01:44:07.000]  No, I've seen Rangers working over with a Ranger uniform on movie theaters.
[01:44:07.000 --> 01:44:09.000]  A DPS?
[01:44:09.000 --> 01:44:12.000]  But not a Texas Ranger.
[01:44:12.000 --> 01:44:13.000]  No, sir.
[01:44:13.000 --> 01:44:15.000]  I said it right the first time.
[01:44:15.000 --> 01:44:16.000]  Really?
[01:44:15.000 --> 01:44:16.000]  Texas Ranger.
[01:44:16.000 --> 01:44:18.000]  Yes, sir.
[01:44:18.000 --> 01:44:20.000]  Ranger.
[01:44:20.000 --> 01:44:22.000]  What's the world coming to?
[01:44:22.000 --> 01:44:26.000]  Well, you know, you get a young guy and he's a Ranger and he's got two kids and a wife
[01:44:26.000 --> 01:44:31.000]  and the wife stays home and he's got a mortgage and two car payments.
[01:44:31.000 --> 01:44:33.000]  A bad load of gear waste, yeah.
[01:44:33.000 --> 01:44:38.000]  So he gets, you know, whatever the state pays him and he needs more money.
[01:44:38.000 --> 01:44:40.000]  So what's he do?
[01:44:40.000 --> 01:44:47.000]  Sometimes uniform and walks around and gets paid.
[01:44:47.000 --> 01:44:49.000]  Anyway.
[01:44:49.000 --> 01:44:50.000]  All right.
[01:44:50.000 --> 01:44:52.000]  Well, listen, thank you for calling in.
[01:44:52.000 --> 01:44:58.000]  We need to move on because we have some other callers on the line.
[01:44:58.000 --> 01:44:59.000]  Well, that's fine.
[01:44:59.000 --> 01:45:02.000]  But I'm on the line because I couldn't get you on the –
[01:45:02.000 --> 01:45:03.000]  Okay.
[01:45:03.000 --> 01:45:04.000]  Well, thank you so much.
[01:45:04.000 --> 01:45:05.000]  Thank you so much.
[01:45:05.000 --> 01:45:07.000]  Well, I really appreciate that.
[01:45:07.000 --> 01:45:08.000]  Is it all right if I –
[01:45:08.000 --> 01:45:09.000]  Yeah, you can hold on.
[01:45:09.000 --> 01:45:13.000]  Yeah, I think we have – actually, I think we only have one more caller.
[01:45:13.000 --> 01:45:14.000]  Okay.
[01:45:14.000 --> 01:45:19.000]  We're going to go now to Brian in Texas.
[01:45:19.000 --> 01:45:21.000]  Brian, thanks for calling in.
[01:45:21.000 --> 01:45:23.000]  What's on your mind tonight?
[01:45:23.000 --> 01:45:24.000]  Oh, thanks.
[01:45:24.000 --> 01:45:27.000]  I just want to tell you, I think you're doing a really good job of trying to keep things moving.
[01:45:27.000 --> 01:45:31.000]  I know it can be a little frustrating because everybody wants to go in depth.
[01:45:31.000 --> 01:45:37.000]  The thing that I wanted to ask a question on is something that had happened to me a number of years ago.
[01:45:37.000 --> 01:45:40.000]  It's too far in the past to do anything about it now,
[01:45:40.000 --> 01:45:44.000]  but I would like to know what I could have done properly.
[01:45:44.000 --> 01:45:47.000]  I had gotten run over by a drunk driver.
[01:45:47.000 --> 01:45:52.000]  The individual was driving without a license, driving without insurance,
[01:45:52.000 --> 01:45:57.000]  illegally transferred tags, registration three years out of date, and missed to have been drinking.
[01:45:57.000 --> 01:46:02.000]  Witnesses later that we were able to dig up that were there and witnesses on the police report said
[01:46:02.000 --> 01:46:08.000]  that he had to be set against the police car in order to keep from falling over.
[01:46:08.000 --> 01:46:16.000]  The officer allowed him to drive his vehicle home, only citing him with failure to yield right of way
[01:46:16.000 --> 01:46:25.000]  and did not arrest him for the DUI and did not even charge him with driving without insurance.
[01:46:25.000 --> 01:46:32.000]  He did charge him with driving without a license, and that was all he charged him with.
[01:46:32.000 --> 01:46:38.000]  Now, this is interesting that you say this about the failure to yielding right of way
[01:46:38.000 --> 01:46:46.000]  because this is exactly the example that Randy and I give quite often.
[01:46:46.000 --> 01:46:53.000]  According from what we understand, the actual legal definition of failure to yield right of way
[01:46:53.000 --> 01:46:58.000]  only applies when you're exiting an alley.
[01:46:58.000 --> 01:47:01.000]  So unless the person was exiting an alley,
[01:47:01.000 --> 01:47:09.000]  then he can't possibly be guilty of failing to yield right of way under the law.
[01:47:09.000 --> 01:47:11.000]  Is that right, Eddie?
[01:47:11.000 --> 01:47:12.000]  That's correct.
[01:47:12.000 --> 01:47:15.000]  But now, not to sound too overly suspicious,
[01:47:15.000 --> 01:47:21.000]  but I would have certainly began looking for the relationship between that officer and that individual.
[01:47:21.000 --> 01:47:24.000]  Of course, mayor's kid, what are you talking about?
[01:47:24.000 --> 01:47:26.000]  Yeah, exactly.
[01:47:26.000 --> 01:47:32.000]  The police, when my father started snooping around trying to find out who this individual was,
[01:47:32.000 --> 01:47:36.000]  a little bit more about him, that's right, when he had first passed the stalking law,
[01:47:36.000 --> 01:47:42.000]  and he was warned that he would be charged with stalking if he was seen anywhere around the officer's house
[01:47:42.000 --> 01:47:47.000]  or the individual's house or any member of their family.
[01:47:47.000 --> 01:47:52.000]  That right there tells you that that's exactly what was going on.
[01:47:52.000 --> 01:47:53.000]  Oh, it gets better.
[01:47:53.000 --> 01:47:55.000]  It gets much better.
[01:47:55.000 --> 01:47:57.000]  Internal Affairs, this happened in Waco.
[01:47:57.000 --> 01:48:01.000]  It happened in a section of Franklin and New Road.
[01:48:01.000 --> 01:48:04.000]  Internal Affairs in Waco refused to investigate.
[01:48:04.000 --> 01:48:06.000]  They would not touch it at all.
[01:48:06.000 --> 01:48:09.000]  They refused to allow my father to speak to the officer.
[01:48:09.000 --> 01:48:11.000]  Me, I was in the hospital.
[01:48:11.000 --> 01:48:14.000]  I spent eight months in the hospital and a year in a wheelchair.
[01:48:14.000 --> 01:48:17.000]  I was not just beat up in my car.
[01:48:17.000 --> 01:48:18.000]  I was on a motorcycle.
[01:48:18.000 --> 01:48:20.000]  It destroyed my military career.
[01:48:20.000 --> 01:48:24.000]  It destroyed a lot about my life and put me in huge debt.
[01:48:24.000 --> 01:48:32.000]  He complained to Texas and down here in Austin, the Internal Affairs investigation did do one.
[01:48:32.000 --> 01:48:37.000]  They found out, and this was real important, he asked, am I being recorded?
[01:48:37.000 --> 01:48:39.000]  He said, no, you're not.
[01:48:39.000 --> 01:48:48.000]  Well, off the record, this stinks because the two, the officer and the individual who ran me over,
[01:48:48.000 --> 01:48:50.000]  went to school together.
[01:48:50.000 --> 01:48:56.000]  But on top of that, the guy who ran me over, his brother-in-law works for the sheriff's department.
[01:48:56.000 --> 01:48:58.000]  But he's not allowed to do anything about it,
[01:48:58.000 --> 01:49:07.000]  so he has to find there's no relationship between those two that caused him to do what he did.
[01:49:07.000 --> 01:49:08.000]  How long ago was this?
[01:49:08.000 --> 01:49:15.000]  May 1st of 1993.
[01:49:15.000 --> 01:49:20.000]  Do you still suffer from that accident?
[01:49:20.000 --> 01:49:22.000]  Oh, hell yes.
[01:49:22.000 --> 01:49:25.000]  Are you disabled from that accident?
[01:49:25.000 --> 01:49:28.000]  No, I worked my ass off and I was able to even get back into the military.
[01:49:28.000 --> 01:49:35.000]  It took me 10 years to get back in and a long, long fight.
[01:49:35.000 --> 01:49:40.000]  So I'd have a hard time really pleading that, you know, I still suffer pain.
[01:49:40.000 --> 01:49:44.000]  I mean, there's still things that I do, like when I have to do push-ups and whatnot.
[01:49:44.000 --> 01:49:47.000]  I've got a lot of nerve damage in my left arm.
[01:49:47.000 --> 01:49:51.000]  So you know who this guy is now, though, right, who the driver is?
[01:49:51.000 --> 01:49:55.000]  Yes, and people would say, oh, you're crazy or you're making it up.
[01:49:55.000 --> 01:49:57.000]  I have the police reports to prove it.
[01:49:57.000 --> 01:49:59.000]  Well, sure.
[01:49:59.000 --> 01:50:05.000]  Oh, I did, but the problem that I had with the attorneys is none of them wanted to do anything
[01:50:05.000 --> 01:50:08.000]  about it unless there was going to be a big insurance payoff.
[01:50:08.000 --> 01:50:12.000]  And the one attorney was the third attorney that I had on the case.
[01:50:12.000 --> 01:50:15.000]  You know, the first two quit when they figured out the guy actually doesn't
[01:50:15.000 --> 01:50:17.000]  and wasn't just hiding his insurance.
[01:50:17.000 --> 01:50:20.000]  And then the third one said, I would love to do something about this,
[01:50:20.000 --> 01:50:25.000]  but I have to live in this town.
[01:50:25.000 --> 01:50:29.000]  Get jurisdictionary and do it yourself.
[01:50:29.000 --> 01:50:34.000]  $250 versus $25,000 is a heck of a deal, if you ask me.
[01:50:34.000 --> 01:50:37.000]  That, and you get to keep all the settlement money.
[01:50:37.000 --> 01:50:38.000]  Yep.
[01:50:38.000 --> 01:50:45.000]  Well, what their point was that the officer did not increase or decrease, I mean,
[01:50:45.000 --> 01:50:50.000]  my ability to get a judgment against this individual for causing the accident.
[01:50:50.000 --> 01:50:55.000]  No, but the officer did attempt to cover up the accident.
[01:50:55.000 --> 01:51:01.000]  Which is a crime and then also would affect the insurance because if he falsified police reports
[01:51:01.000 --> 01:51:07.000]  that would have a direct and like whether or not the guy was drunk and things of this nature,
[01:51:07.000 --> 01:51:12.000]  which would have had a completely, which would have affected the outcome of the settlement.
[01:51:12.000 --> 01:51:18.000]  Yeah, and in that case, you would actually have a case against every public official involved
[01:51:18.000 --> 01:51:23.000]  all the way through because they would all had to have been in on it to participate and make it work.
[01:51:23.000 --> 01:51:27.000]  And possibly the sheriff, the county and the sheriff.
[01:51:27.000 --> 01:51:30.000]  Does that sound about right to you?
[01:51:30.000 --> 01:51:32.000]  Yeah, that sounds absolutely right to me,
[01:51:32.000 --> 01:51:36.000]  especially if he has a relative in there that would be covering for him.
[01:51:36.000 --> 01:51:38.000]  You got that right.
[01:51:38.000 --> 01:51:42.000]  Do you know any attorneys who would be willing to, I do it on a principle.
[01:51:42.000 --> 01:51:45.000]  I don't even care if I get a penny.
[01:51:45.000 --> 01:51:48.000]  I'm telling you, dude, do not use an attorney.
[01:51:48.000 --> 01:51:53.000]  You're going to get nothing but screwed for money and no results.
[01:51:53.000 --> 01:51:59.000]  Jurisdictionary teaches you exactly how to file and prosecute a lawsuit.
[01:51:59.000 --> 01:52:01.000]  That's its sole purpose.
[01:52:01.000 --> 01:52:07.000]  And it does an excellent job of teaching you how to do it and think and accomplish it all by yourself.
[01:52:07.000 --> 01:52:08.000]  Absolutely.
[01:52:08.000 --> 01:52:13.000]  It teaches you about causes of action and how to file motions and the whole thing.
[01:52:13.000 --> 01:52:15.000]  And it doesn't matter what state you're in.
[01:52:15.000 --> 01:52:17.000]  It's completely all-encompassing.
[01:52:17.000 --> 01:52:22.000]  Basically it's a 24-hour video course, an audio course.
[01:52:22.000 --> 01:52:25.000]  And for every one of those 24 hours,
[01:52:25.000 --> 01:52:30.000]  if you'll put in about five hours of study above and beyond each of those hours,
[01:52:30.000 --> 01:52:36.000]  you will be able to compete head-to-head with virtually any attorney anywhere in the U.S.
[01:52:36.000 --> 01:52:37.000]  That's interesting.
[01:52:37.000 --> 01:52:39.000]  What was the name of that again?
[01:52:39.000 --> 01:52:40.000]  Jurisdictionary.
[01:52:40.000 --> 01:52:44.000]  It's actually, you can, if you click on the link,
[01:52:44.000 --> 01:52:48.000]  it would be helpful to me on my homepage because they're one of our sponsors
[01:52:48.000 --> 01:52:55.000]  and we get sponsor income when people buy the jurisdictionary through us.
[01:52:55.000 --> 01:52:59.000]  So if you go to our website, theruleoflawradio.com,
[01:52:59.000 --> 01:53:05.000]  you'll see kind of near like after where it lists the shows,
[01:53:05.000 --> 01:53:10.000]  you'll see a banner on the right, it's kind of in the middle of the page
[01:53:10.000 --> 01:53:12.000]  but towards the right of the page where it says,
[01:53:12.000 --> 01:53:17.000]  win a lawsuit without an attorney or win your lawsuit without a lawyer
[01:53:17.000 --> 01:53:18.000]  or something like that.
[01:53:18.000 --> 01:53:19.000]  Just click on that link.
[01:53:19.000 --> 01:53:20.000]  Okay, just did.
[01:53:20.000 --> 01:53:21.000]  Awesome.
[01:53:21.000 --> 01:53:22.000]  Okay.
[01:53:22.000 --> 01:53:25.000]  Yeah, I actually happened to cross your show just by accident
[01:53:25.000 --> 01:53:29.000]  while I was working on my van.
[01:53:29.000 --> 01:53:30.000]  When was this?
[01:53:30.000 --> 01:53:31.000]  Tonight?
[01:53:31.000 --> 01:53:32.000]  Yeah, tonight.
[01:53:32.000 --> 01:53:35.000]  Oh, so you were listening to the radio station?
[01:53:35.000 --> 01:53:36.000]  Yeah, he still was.
[01:53:36.000 --> 01:53:37.000]  Oh, wow.
[01:53:37.000 --> 01:53:38.000]  That's so awesome.
[01:53:38.000 --> 01:53:43.000]  Well, and also Frederick Graves is a broadcaster on this network.
[01:53:43.000 --> 01:53:46.000]  His show is on Monday nights at 6 p.m.
[01:53:46.000 --> 01:53:51.000]  And he's on the radio here in Austin also.
[01:53:51.000 --> 01:53:54.000]  He's the creator of Jurisdictionary and an attorney in Florida.
[01:53:54.000 --> 01:53:56.000]  Right, right.
[01:53:56.000 --> 01:54:00.000]  Well, actually, I've given consideration for a long time to go to law school
[01:54:00.000 --> 01:54:05.000]  and become an attorney, mostly for standing on principle for things like this.
[01:54:05.000 --> 01:54:08.000]  I just cannot stand that because your buddy's a cop,
[01:54:08.000 --> 01:54:10.000]  you get to do whatever you want to do.
[01:54:10.000 --> 01:54:15.000]  But I heard one of the other gentlemen mention earlier about his beer fund.
[01:54:15.000 --> 01:54:17.000]  Oh, Randy, yeah, yeah.
[01:54:17.000 --> 01:54:20.000]  Oh, listen, by the way, stay on the line, Brian,
[01:54:20.000 --> 01:54:26.000]  but I need to cut to break because I need to keep on the timing of making the
[01:54:26.000 --> 01:54:31.000]  archives having breaks at the tops of the hours for our affiliates
[01:54:31.000 --> 01:54:33.000]  when they rerun our shows.
[01:54:33.000 --> 01:54:35.000]  So just stay on the line.
[01:54:35.000 --> 01:54:36.000]  I'm just going to cut to a break, all right?
[01:54:36.000 --> 01:54:37.000]  OK.
[01:54:37.000 --> 01:54:38.000]  All right.
[01:54:38.000 --> 01:55:07.000]  I'll be right back.
[01:55:08.000 --> 01:55:33.000]  Thank you.
[01:55:33.000 --> 01:56:02.000]  OK.
[01:56:02.000 --> 01:56:03.000]  We are back.
[01:56:03.000 --> 01:56:07.000]  The rule of law, Randy Kelton, Deborah Stevens.
[01:56:07.000 --> 01:56:10.000]  We are here with Eddie Craig and John,
[01:56:10.000 --> 01:56:15.000]  and we are talking with a brand new listener, first-time listener,
[01:56:15.000 --> 01:56:18.000]  first-time caller into the show, Brian here in Austin, Texas.
[01:56:18.000 --> 01:56:21.000]  I'm so glad that you heard us on the radio and called in.
[01:56:21.000 --> 01:56:23.000]  This is awesome.
[01:56:23.000 --> 01:56:24.000]  Oh, thank you.
[01:56:24.000 --> 01:56:27.000]  I'm really glad to hear your show.
[01:56:27.000 --> 01:56:32.000]  It's important for people to know that they don't have to just take whatever
[01:56:32.000 --> 01:56:35.000]  gets fed to them either from the law or from the officers.
[01:56:35.000 --> 01:56:40.000]  I have a couple of my friends in my military unit that are also police officers.
[01:56:40.000 --> 01:56:41.000]  I'm in a reserve unit,
[01:56:41.000 --> 01:56:46.000]  and it's amazing to hear what they think that they're allowed to do.
[01:56:46.000 --> 01:56:47.000]  Yeah.
[01:56:47.000 --> 01:56:51.000]  Well, now, Brian, just so you know, the things this guy did or didn't get
[01:56:51.000 --> 01:56:55.000]  charged with, now, technically, this accident occurred in Texas, right?
[01:56:55.000 --> 01:56:57.000]  Yes, it did in Waco.
[01:56:57.000 --> 01:56:58.000]  Okay.
[01:56:58.000 --> 01:57:00.000]  So he would not have had to have a driver's license,
[01:57:00.000 --> 01:57:04.000]  nor would he have to have had insurance, just so you know that.
[01:57:04.000 --> 01:57:08.000]  As long as he wasn't operating a commercial motor vehicle,
[01:57:08.000 --> 01:57:13.000]  then he's not required to have that, not under Texas law.
[01:57:13.000 --> 01:57:18.000]  The two driver's licenses available in Texas are both forms of commercial
[01:57:18.000 --> 01:57:23.000]  driver's licenses, and they don't apply to traveling in your car.
[01:57:23.000 --> 01:57:29.000]  The big one is the appearance of being drunk or under the influence.
[01:57:29.000 --> 01:57:30.000]  Yeah, exactly.
[01:57:30.000 --> 01:57:36.000]  Now, I have a real problem with somebody being that stupid, really,
[01:57:36.000 --> 01:57:41.000]  if you want a personal opinion and take on that.
[01:57:41.000 --> 01:57:44.000]  That's my issue with it.
[01:57:44.000 --> 01:57:46.000]  Yeah, but once he caused that injury,
[01:57:46.000 --> 01:57:52.000]  he was definitely at odds and deserved whatever happened to him at that point.
[01:57:52.000 --> 01:57:53.000]  Exactly.
[01:57:53.000 --> 01:57:57.000]  Ironically, I did finally get to talk with the police officer,
[01:57:57.000 --> 01:58:01.000]  which I'll give you his name if that's okay on the radio.
[01:58:01.000 --> 01:58:02.000]  Sure.
[01:58:02.000 --> 01:58:06.000]  Yeah, it's Officer Greenlee of the Waco Police Department.
[01:58:06.000 --> 01:58:09.000]  I don't know if he still works there now, but that was his name,
[01:58:09.000 --> 01:58:12.000]  and the guy that hit me was Richard Scott Ryle.
[01:58:12.000 --> 01:58:17.000]  So it's kind of funny because I was sitting in a den talking to a state cop
[01:58:17.000 --> 01:58:20.000]  about what had happened and why, you know,
[01:58:20.000 --> 01:58:24.000]  because I wear a uniform and I get kind of the same thing about how people
[01:58:24.000 --> 01:58:27.000]  don't like me because they project all the other things they see
[01:58:27.000 --> 01:58:30.000]  or know about the U.S. military onto me,
[01:58:30.000 --> 01:58:32.000]  and I'm just a dude wearing a uniform today.
[01:58:32.000 --> 01:58:36.000]  So we're talking about, you know, why that actually occurs.
[01:58:36.000 --> 01:58:43.000]  And he said that, well, he thought my problem with the case was more about that
[01:58:43.000 --> 01:58:47.000]  I was too close to it and, you know, I didn't really understand the facts.
[01:58:47.000 --> 01:58:50.000]  And I thought I had the police report, and I went out and got the police report
[01:58:50.000 --> 01:58:51.000]  from the truck.
[01:58:51.000 --> 01:58:54.000]  The funny thing is when I came back into the denny's,
[01:58:54.000 --> 01:59:00.000]  I could see he had his hand on his service weapon.
[01:59:00.000 --> 01:59:01.000]  I had to use a little word.
[01:59:01.000 --> 01:59:04.000]  I went out to the vehicle and got a gun and came back in
[01:59:04.000 --> 01:59:06.000]  because I wasn't here what I wanted to hear.
[01:59:06.000 --> 01:59:09.000]  But anyway, I brought it back to him and showed him.
[01:59:09.000 --> 01:59:10.000]  He was just shaking his head.
[01:59:10.000 --> 01:59:15.000]  He couldn't believe that this guy even wrote this police report
[01:59:15.000 --> 01:59:17.000]  and sent it out.
[01:59:17.000 --> 01:59:20.000]  So he even said that it was criminal.
[01:59:20.000 --> 01:59:21.000]  Yeah.
[01:59:21.000 --> 01:59:25.000]  Yeah, that's exactly right.
[01:59:25.000 --> 01:59:29.000]  Now, the thing about it is, John, correct me if I'm wrong,
[01:59:29.000 --> 01:59:32.000]  but if by filing that false police report,
[01:59:32.000 --> 01:59:36.000]  that is forging and falsification of a government record,
[01:59:36.000 --> 01:59:39.000]  which is a felony in Texas.
[01:59:39.000 --> 01:59:41.000]  Right, state jail felony.
[01:59:41.000 --> 01:59:45.000]  Yeah, and what's the statute of limitations on a state jail?
[01:59:45.000 --> 01:59:46.000]  Five years?
[01:59:46.000 --> 01:59:49.000]  Five or seven.
[01:59:49.000 --> 01:59:51.000]  Oh, I'd still be out of that because it happened to me
[01:59:51.000 --> 01:59:53.000]  on May 1st in 1993.
[01:59:53.000 --> 01:59:54.000]  Yeah.
[01:59:54.000 --> 01:59:58.000]  See, that's why I was asked if you were disabled
[01:59:58.000 --> 02:00:06.000]  or suffered ongoing injury, ongoing complications and problems.
[02:00:06.000 --> 02:00:08.000]  That might have a bearing.
[02:00:08.000 --> 02:00:11.000]  I'm not 100% sure.
[02:00:11.000 --> 02:00:15.000]  Yeah, if you can show that you have just gotten enough information
[02:00:15.000 --> 02:00:19.000]  to formulate a decision that something was not right
[02:00:19.000 --> 02:00:22.000]  and you are just now becoming aware of that
[02:00:22.000 --> 02:00:26.000]  and it's been less than two years, you can still file suit.
[02:00:26.000 --> 02:00:29.000]  It'll have to just be a civil suit at this point.
[02:00:29.000 --> 02:00:35.000]  But as long as you can formulate the criteria in such a way
[02:00:35.000 --> 02:00:39.000]  that you can show you were not really aware that you had this option
[02:00:39.000 --> 02:00:43.000]  and this recourse until within the last two years
[02:00:43.000 --> 02:00:46.000]  and you get it filed before that two-year deadline,
[02:00:46.000 --> 02:00:49.000]  then you may be able to win in court on a lawsuit
[02:00:49.000 --> 02:00:54.000]  without them being able to throw it out for statute of limitations problems.
[02:00:54.000 --> 02:00:56.000]  And I'll bet you dollars they've done it.
[02:00:56.000 --> 02:00:59.000]  Do they know you have a copy of the police report?
[02:00:59.000 --> 02:01:04.000]  Yeah, because we specifically requested it.
[02:01:04.000 --> 02:01:06.000]  A long time ago.
[02:01:06.000 --> 02:01:12.000]  Well, my father requested it back in 1993 when all of this happened.
[02:01:12.000 --> 02:01:17.000]  It would be interesting if they popped in a new police report, wouldn't it?
[02:01:17.000 --> 02:01:24.000]  That actually would be something good to check to see if the two jives.
[02:01:24.000 --> 02:01:28.000]  Exactly.
[02:01:28.000 --> 02:01:30.000]  Then you got a whole new set of charges.
[02:01:30.000 --> 02:01:32.000]  Hello.
[02:01:32.000 --> 02:01:33.000]  Yeah, exactly.
[02:01:33.000 --> 02:01:35.000]  You could definitely get away with the two-year time limit
[02:01:35.000 --> 02:01:39.000]  because you just now found out about that criminal act.
[02:01:39.000 --> 02:01:40.000]  Right.
[02:01:40.000 --> 02:01:46.000]  And then you file and then that stops the clock.
[02:01:46.000 --> 02:01:53.000]  Really, I was involved in a situation five years ago,
[02:01:53.000 --> 02:01:59.000]  six years ago coming up on an anniversary.
[02:01:59.000 --> 02:02:01.000]  Now, granted, I wasn't hurt.
[02:02:01.000 --> 02:02:05.000]  I wasn't physically injured or anything like that.
[02:02:05.000 --> 02:02:09.000]  But it was a very life-changing event for me.
[02:02:09.000 --> 02:02:18.000]  And I'm just speaking personally that sometimes you have to let it go,
[02:02:18.000 --> 02:02:33.000]  sometimes, because you got to decide what you want out of this.
[02:02:33.000 --> 02:02:34.000]  Okay?
[02:02:34.000 --> 02:02:38.000]  What do you want to see happen?
[02:02:38.000 --> 02:02:42.000]  If you could pick anything that could happen to these people,
[02:02:42.000 --> 02:02:46.000]  what would you want to see?
[02:02:46.000 --> 02:02:50.000]  Well, for the individual that caused the accident,
[02:02:50.000 --> 02:02:53.000]  certainly he should pay off all of my medical bills
[02:02:53.000 --> 02:02:59.000]  and give me some retribution for all of the problems that are created thereafter.
[02:02:59.000 --> 02:03:00.000]  Right.
[02:03:00.000 --> 02:03:03.000]  I mean, we're talking about a half a million dollars.
[02:03:03.000 --> 02:03:06.000]  It took a lot of money to put me back together.
[02:03:06.000 --> 02:03:07.000]  Yeah.
[02:03:07.000 --> 02:03:12.000]  Eleven days just in the ICU, and that's not right.
[02:03:12.000 --> 02:03:15.000]  Obviously, I lost ten years of my life and ten years of my eligibility in the military.
[02:03:15.000 --> 02:03:19.000]  I'd be retiring now, you know, right at the point to where I can retire.
[02:03:19.000 --> 02:03:23.000]  Well, I've got to continue ten more years, and, you know, obviously I'm older,
[02:03:23.000 --> 02:03:27.000]  so it's a lot harder on the heart.
[02:03:27.000 --> 02:03:28.000]  Yeah.
[02:03:28.000 --> 02:03:34.000]  So then the other is with the officer, do I want him to lose his T-clothes?
[02:03:34.000 --> 02:03:36.000]  Maybe, maybe not.
[02:03:36.000 --> 02:03:39.000]  What I do want him to know is that he is in extreme danger,
[02:03:39.000 --> 02:03:46.000]  that his actions do have consequences not only to the people that he does them to,
[02:03:46.000 --> 02:03:49.000]  but also to himself.
[02:03:49.000 --> 02:03:55.000]  Now, what you really want is for him walking general population at Huntsville.
[02:03:55.000 --> 02:03:59.000]  Sometimes, but I'm not a very vindictive person.
[02:03:59.000 --> 02:04:05.000]  I realize sometimes people make a mistake, but in that case,
[02:04:05.000 --> 02:04:08.000]  there was a girl that was on the bike with me.
[02:04:08.000 --> 02:04:12.000]  When they took us off in the ambulance, they really didn't think I was going to live.
[02:04:12.000 --> 02:04:17.000]  So he was protecting his friend from an intoxication manslaughter charge,
[02:04:17.000 --> 02:04:19.000]  is what he was really doing.
[02:04:19.000 --> 02:04:22.000]  Then on top of that, he does hurt any kind of a case,
[02:04:22.000 --> 02:04:24.000]  because if it is an intoxication case,
[02:04:24.000 --> 02:04:27.000]  juries generally will award more than simply,
[02:04:27.000 --> 02:04:31.000]  oops, I pulled out and barely hit this guy on the motorcycle.
[02:04:31.000 --> 02:04:34.000]  So he was kind of protecting his friend, you know, from that.
[02:04:34.000 --> 02:04:38.000]  But in reality, the guy is judgment-proof, because the guy who lives his life like that
[02:04:38.000 --> 02:04:40.000]  doesn't really carry or have any.
[02:04:40.000 --> 02:04:43.000]  Is he judgment-proof now, though?
[02:04:43.000 --> 02:04:44.000]  That I don't know.
[02:04:44.000 --> 02:04:45.000]  I'd have to go dig in.
[02:04:45.000 --> 02:04:46.000]  There you go, bud.
[02:04:46.000 --> 02:04:49.000]  I mean, for all you know right now.
[02:04:49.000 --> 02:04:52.000]  And even if he is judgment-proof,
[02:04:52.000 --> 02:04:58.000]  the employer of the police officer that falsified the record won't be.
[02:04:58.000 --> 02:04:59.000]  Yep.
[02:04:59.000 --> 02:05:04.000]  Right. Well, finding out if they've amended their police report would be very, very important,
[02:05:04.000 --> 02:05:09.000]  because if they do, then that's an admission of guilt.
[02:05:09.000 --> 02:05:12.000]  Well, yeah, that's a very big one.
[02:05:12.000 --> 02:05:13.000]  Let's see.
[02:05:13.000 --> 02:05:15.000]  Here's the thing.
[02:05:15.000 --> 02:05:22.000]  If you decide to go forward in a civil action, okay, and you'll have discovery,
[02:05:22.000 --> 02:05:26.000]  and you'll want copies of the police reports and this and that.
[02:05:26.000 --> 02:05:34.000]  And, you know, was the guy hurt in the accident at all?
[02:05:34.000 --> 02:05:40.000]  No, they didn't throw anything from him, and he was allowed to drive his vehicle home.
[02:05:40.000 --> 02:05:41.000]  Oh, wow.
[02:05:41.000 --> 02:05:43.000]  Yeah, but he was not physically hurt.
[02:05:43.000 --> 02:05:44.000]  No.
[02:05:44.000 --> 02:05:47.000]  There would have been nothing where they would have, like, taken him to the hospital.
[02:05:47.000 --> 02:05:51.000]  And, you know, sometimes these guys are so drunk that they have to, like,
[02:05:51.000 --> 02:05:56.000]  come there and get blood alcohol levels and everything like that so they know what medicine
[02:05:56.000 --> 02:06:02.000]  and how much they can put in without killing them.
[02:06:02.000 --> 02:06:05.000]  You know, and, of course, it would be doubtful if that record still existed.
[02:06:05.000 --> 02:06:07.000]  It might.
[02:06:07.000 --> 02:06:11.000]  But the other thing, too, would be if this guy, you know,
[02:06:11.000 --> 02:06:13.000]  here's what you have to think about sometimes, too.
[02:06:13.000 --> 02:06:23.000]  How many times has Officer Green covered his buddy?
[02:06:23.000 --> 02:06:25.000]  How many other buddies?
[02:06:25.000 --> 02:06:32.000]  Well, I do know other buddies and how many other people were so lucky as you.
[02:06:32.000 --> 02:06:40.000]  Well, I do know previous to the event happening that Ryle had been stopped twice
[02:06:40.000 --> 02:06:44.000]  for speeding and once for driving without his lights on during at night.
[02:06:44.000 --> 02:06:47.000]  And neither time did he have insurance,
[02:06:47.000 --> 02:06:53.000]  and neither time was he charged without having the insurance.
[02:06:53.000 --> 02:06:58.000]  So to my way of thinking then that they would have actually, you know,
[02:06:58.000 --> 02:07:01.000]  been the ones to be insuring him at that point.
[02:07:01.000 --> 02:07:06.000]  Maybe he can't get insured because he's such a reckless driver.
[02:07:06.000 --> 02:07:10.000]  I think he's a menace to society in general.
[02:07:10.000 --> 02:07:12.000]  Here's a weird coincidence.
[02:07:12.000 --> 02:07:18.000]  I typically would give blood often, and I ran into his ex-wife,
[02:07:18.000 --> 02:07:23.000]  who was married to him at the time about five or six years later.
[02:07:23.000 --> 02:07:28.000]  And she recognized my name, and she asked me about it.
[02:07:28.000 --> 02:07:31.000]  And I said, yeah, I was in an accident, blah, blah, blah.
[02:07:31.000 --> 02:07:35.000]  And she says, I'm really sorry to tell you that that's my ex-husband.
[02:07:35.000 --> 02:07:39.000]  And I said, well, I don't hold that against you.
[02:07:39.000 --> 02:07:43.000]  And she says, no, we were going to be divorced anyway
[02:07:43.000 --> 02:07:46.000]  because of his drinking and his problems.
[02:07:46.000 --> 02:07:49.000]  So I think he just generally lives his life like this.
[02:07:49.000 --> 02:07:54.000]  Well, see, she would be a really good witness should you decide to proceed.
[02:07:54.000 --> 02:08:01.000]  She could testify to his state and his actions at that time.
[02:08:01.000 --> 02:08:07.000]  I don't know how much the judge will allow in for something especially that long.
[02:08:07.000 --> 02:08:11.000]  And the point of which I wasn't even really looking at going something forward,
[02:08:11.000 --> 02:08:17.000]  I was more questioning about I felt a bit railroaded by the lawyers that I tried to work with
[02:08:17.000 --> 02:08:20.000]  because all they really wanted was an insurance settlement.
[02:08:20.000 --> 02:08:25.000]  And we talked about all of the different issues, and they tell me, yeah, you got this.
[02:08:25.000 --> 02:08:29.000]  Transfer.
[02:08:29.000 --> 02:08:30.000]  I am sorry.
[02:08:30.000 --> 02:08:31.000]  Whoops.
[02:08:31.000 --> 02:08:32.000]  Okay, hold on.
[02:08:32.000 --> 02:08:33.000]  Hold on.
[02:08:33.000 --> 02:08:34.000]  Please try again.
[02:08:34.000 --> 02:08:35.000]  Okay.
[02:08:35.000 --> 02:08:37.000]  Transferred or killed, one of the two.
[02:08:37.000 --> 02:08:38.000]  Yeah.
[02:08:38.000 --> 02:08:39.000]  All right.
[02:08:39.000 --> 02:08:40.000]  I think that was, yeah, he was probably calling in.
[02:08:40.000 --> 02:08:41.000]  Can you guys hear me?
[02:08:41.000 --> 02:08:42.000]  Yeah, we can hear you.
[02:08:42.000 --> 02:08:43.000]  That was the other caller.
[02:08:43.000 --> 02:08:53.000]  He was probably using, calling in with some, you know, voiceover IP or a calling card or something.
[02:08:53.000 --> 02:08:54.000]  Go ahead.
[02:08:54.000 --> 02:08:55.000]  Yeah, go ahead.
[02:08:55.000 --> 02:09:01.000]  He may call back in.
[02:09:01.000 --> 02:09:03.000]  Oh, was that our caller that was calling in?
[02:09:03.000 --> 02:09:04.000]  Yeah, that was the caller.
[02:09:04.000 --> 02:09:05.000]  Yeah.
[02:09:05.000 --> 02:09:06.000]  Oh, okay.
[02:09:06.000 --> 02:09:07.000]  Yeah.
[02:09:07.000 --> 02:09:08.000]  Are we sorry?
[02:09:08.000 --> 02:09:09.000]  He may call back in.
[02:09:09.000 --> 02:09:14.000]  Well, that's all the callers that we had.
[02:09:14.000 --> 02:09:21.000]  I'd like to stay on the line just a couple more minutes just to see if he may find a way to call back in.
[02:09:21.000 --> 02:09:25.000]  Let's give him a couple of minutes in case he wants to call back in before we end the show.
[02:09:25.000 --> 02:09:38.000]  And in the meantime, John, you were saying, well, this was before midnight, but you were saying you wanted to reiterate some things about really just how to deal with situations.
[02:09:38.000 --> 02:09:42.000]  Barry is, yeah, he's calling back in right now.
[02:09:42.000 --> 02:09:48.000]  Just about how to, people how to keep themselves safe, you know, when they're being confronted by the police.
[02:09:48.000 --> 02:09:50.000]  All right, let's go to Brian.
[02:09:50.000 --> 02:09:52.000]  Okay, Brian, you back?
[02:09:52.000 --> 02:09:53.000]  Yes, I'm back.
[02:09:53.000 --> 02:09:54.000]  Okay.
[02:09:54.000 --> 02:09:55.000]  Thanks for calling back in.
[02:09:55.000 --> 02:09:56.000]  All right.
[02:09:56.000 --> 02:09:58.000]  So please continue.
[02:09:58.000 --> 02:10:14.000]  Oh, my original desire wasn't necessarily to open a new case with them, but moreover to figure out if I were being railroaded by the attorneys who were, to my way of thinking, just as culpable when they don't actually work to help somebody in a case.
[02:10:14.000 --> 02:10:24.000]  Now, obviously, attorneys can't work every single problem case for free, but what they were telling me before is that, yeah, you would definitely have a case against the city.
[02:10:24.000 --> 02:10:29.000]  It would be worth, you know, them pursuing it, but they wanted to have 100% of the case.
[02:10:29.000 --> 02:10:33.000]  They wouldn't take, you know, just the insurance or just the case against the city.
[02:10:33.000 --> 02:10:35.000]  They wanted everything.
[02:10:35.000 --> 02:10:36.000]  So then-
[02:10:36.000 --> 02:10:38.000]  Well, yeah, money in that for them.
[02:10:38.000 --> 02:10:41.000]  Right, and I understand that, and it makes sense.
[02:10:41.000 --> 02:10:42.000]  I mean, business is business.
[02:10:42.000 --> 02:10:51.000]  But when they can't get the big payout, they don't want to go and do a lot of work for what they actually, the one lawyer said would be a very small amount of money.
[02:10:51.000 --> 02:10:57.000]  And for me, it wasn't really about the money, but obviously for them and anybody who works should be about the money.
[02:10:57.000 --> 02:11:06.000]  So that was my question is to understanding listening to a lawyer when I'm actually being railroaded.
[02:11:06.000 --> 02:11:11.000]  Well, if his lips are moving, you're being railroaded.
[02:11:11.000 --> 02:11:17.000]  Now, basically, you know, you were talking before about how you had studied and had considered becoming a lawyer.
[02:11:17.000 --> 02:11:18.000]  People tell me the same thing.
[02:11:18.000 --> 02:11:20.000]  Why don't you become a lawyer?
[02:11:20.000 --> 02:11:25.000]  And I just answered, well, because I promised my mother I wouldn't grow up to be a crook.
[02:11:25.000 --> 02:11:31.000]  Well, I actually went and studied, but I failed the bar.
[02:11:31.000 --> 02:11:34.000]  I failed the ethics section.
[02:11:34.000 --> 02:11:36.000]  Yeah, you were honest, right?
[02:11:36.000 --> 02:11:40.000]  I had some, yeah, and so I failed the bar exam.
[02:11:40.000 --> 02:11:41.000]  Yeah.
[02:11:41.000 --> 02:11:47.000]  But I got a bar card, you know, but you have to have those in Dallas to go drinking.
[02:11:47.000 --> 02:11:52.000]  That's one I've never figured out why you, because actually I ran into that.
[02:11:52.000 --> 02:11:56.000]  And because I was not a resident, I was allowed to get one.
[02:11:56.000 --> 02:12:05.000]  But my friends who were residents there, they were not allowed to get one and not allowed to drink.
[02:12:05.000 --> 02:12:10.000]  That's kind of backwards to the way it normally works.
[02:12:10.000 --> 02:12:11.000]  Don't worry about it.
[02:12:11.000 --> 02:12:14.000]  I guess I won't understand.
[02:12:14.000 --> 02:12:15.000]  No.
[02:12:15.000 --> 02:12:19.000]  Yeah, but I mean, that's one of the things that Juris Dictionary will teach you, Brian,
[02:12:19.000 --> 02:12:24.000]  is to know what your lawyer is supposed to be doing.
[02:12:24.000 --> 02:12:29.000]  And that way that assists you in keeping an eye on him.
[02:12:29.000 --> 02:12:34.000]  And you will know when he's BSing you and you will know when he's not doing what you're paying him to do
[02:12:34.000 --> 02:12:39.000]  because you already know what the process is.
[02:12:39.000 --> 02:12:42.000]  Right.
[02:12:42.000 --> 02:12:45.000]  You gentlemen are in Austin?
[02:12:45.000 --> 02:12:47.000]  I'm actually in Nacogdoches.
[02:12:47.000 --> 02:12:48.000]  Yeah, he's in Nacogdoches.
[02:12:48.000 --> 02:12:49.000]  I'm in Austin.
[02:12:49.000 --> 02:12:52.000]  And I'm in Austin as well.
[02:12:52.000 --> 02:12:56.000]  Well, you were wanting contributions to your beer fund.
[02:12:56.000 --> 02:12:57.000]  No, that was Randy.
[02:12:57.000 --> 02:12:58.000]  Yeah, that's Randy.
[02:12:58.000 --> 02:13:01.000]  That's not Eddie.
[02:13:01.000 --> 02:13:04.000]  Well, I actually make my own beer and wine at home.
[02:13:04.000 --> 02:13:05.000]  Oh, all right.
[02:13:05.000 --> 02:13:06.000]  He would like that.
[02:13:06.000 --> 02:13:07.000]  Yeah.
[02:13:07.000 --> 02:13:11.000]  Especially since from the sound of the silence, he's probably already had his limit.
[02:13:11.000 --> 02:13:16.000]  Yeah, yeah, he kind of like, yeah, he's out.
[02:13:16.000 --> 02:13:19.000]  He took off already a while back.
[02:13:19.000 --> 02:13:23.000]  Well, my two favorite places are Gingerman and Fado's.
[02:13:23.000 --> 02:13:25.000]  So if you ever want to have a beer?
[02:13:25.000 --> 02:13:27.000]  Oh, we used to play at Fado.
[02:13:27.000 --> 02:13:31.000]  Our band used to play at Fado a lot, Route 1.
[02:13:31.000 --> 02:13:32.000]  Route 1?
[02:13:32.000 --> 02:13:33.000]  Yeah.
[02:13:33.000 --> 02:13:35.000]  A friend of mine used to be in Cluvin.
[02:13:35.000 --> 02:13:36.000]  Do you know Cluvin?
[02:13:36.000 --> 02:13:37.000]  No.
[02:13:37.000 --> 02:13:39.000]  There was an Irish band that played there every now and then.
[02:13:39.000 --> 02:13:45.000]  They played a lot of times like on a Wednesday or a Thursday.
[02:13:45.000 --> 02:13:46.000]  Awesome.
[02:13:46.000 --> 02:13:47.000]  Yeah.
[02:13:47.000 --> 02:13:52.000]  But I offer that as an open because I enjoy discussing law and...
[02:13:52.000 --> 02:13:53.000]  All right.
[02:13:53.000 --> 02:13:55.000]  Well, thank you for calling in and thank you for listening.
[02:13:55.000 --> 02:13:57.000]  Yeah, you're on the right place for doing that.
[02:13:57.000 --> 02:13:59.000]  Feel free.
[02:13:59.000 --> 02:14:02.000]  Bill, good that I happened to cross you.
[02:14:02.000 --> 02:14:03.000]  All right.
[02:14:03.000 --> 02:14:04.000]  All right, thanks.
[02:14:04.000 --> 02:14:05.000]  Bye-bye.
[02:14:05.000 --> 02:14:06.000]  All right, thank you.
[02:14:06.000 --> 02:14:07.000]  Bye-bye.
[02:14:07.000 --> 02:14:09.000]  Okay, that's it.
[02:14:09.000 --> 02:14:10.000]  We don't have any more callers.
[02:14:10.000 --> 02:14:15.000]  So, John, did you have any closing comments that you wanted to make before we wrap up the show?
[02:14:15.000 --> 02:14:21.000]  Yeah, I guess if I had to pick any one thing to close with,
[02:14:21.000 --> 02:14:29.000]  it is that first, do not fight your battle on the side of the road.
[02:14:29.000 --> 02:14:33.000]  Pick your battle wisely, right?
[02:14:33.000 --> 02:14:34.000]  Right.
[02:14:34.000 --> 02:14:41.000]  Remember John's three basic rules, shut up, shut up, and shut up.
[02:14:41.000 --> 02:14:42.000]  I agree.
[02:14:42.000 --> 02:14:43.000]  I agree.
[02:14:43.000 --> 02:14:50.000]  And it shouldn't have to be that way, but, you know, we have to deal with the situation that's being dealt to us.
[02:14:50.000 --> 02:14:56.000]  And the courtroom is not a playground.
[02:14:56.000 --> 02:14:58.000]  It's a serious place.
[02:14:58.000 --> 02:15:01.000]  The judges take it seriously.
[02:15:01.000 --> 02:15:03.000]  Don't act up.
[02:15:03.000 --> 02:15:06.000]  Don't put a childish argument out there.
[02:15:06.000 --> 02:15:14.000]  And, you know, we've had, what, two callers tonight who've been thrown in jail for contempt
[02:15:14.000 --> 02:15:20.000]  because they didn't give their name or, I live in my body, you know.
[02:15:20.000 --> 02:15:21.000]  Right.
[02:15:21.000 --> 02:15:26.000]  That's like saying, go ahead, throw me in jail, you know.
[02:15:26.000 --> 02:15:30.000]  I need a place to be, and while you're at it, taser me, you know.
[02:15:30.000 --> 02:15:31.000]  Yeah.
[02:15:31.000 --> 02:15:36.000]  Go ahead and ask the guy to grease his nightstick now because you're about to get it full force.
[02:15:36.000 --> 02:15:38.000]  Oh, boy.
[02:15:38.000 --> 02:15:49.000]  Well, John, you know, and the thing is, when you have an air and a posture and a stance of dignity and respect
[02:15:49.000 --> 02:15:59.000]  and you command dignity and respect from others and treat others that way, they will treat you with dignity and respect.
[02:15:59.000 --> 02:16:07.000]  You know, if they can see that you're taking this seriously, then they're not going to be as likely to...
[02:16:07.000 --> 02:16:10.000]  Be reactionary.
[02:16:10.000 --> 02:16:13.000]  They're going to listen to what you have to say.
[02:16:13.000 --> 02:16:20.000]  And you present what you have to say in a clear, non-emotional tone.
[02:16:20.000 --> 02:16:21.000]  Okay.
[02:16:21.000 --> 02:16:23.000]  You follow the proper etiquette.
[02:16:23.000 --> 02:16:29.000]  You know, one of the best things you can do, if you know the court you're going to go to, go there ahead of time,
[02:16:29.000 --> 02:16:34.000]  sit in the gallery, and watch how the judge conducts business.
[02:16:34.000 --> 02:16:36.000]  All right.
[02:16:36.000 --> 02:16:48.000]  And see how he does things and how the agents are responding, how the defense is responding and everything like that.
[02:16:48.000 --> 02:16:56.000]  And watch the judge because he will give tips through facial expressions and comments every now and then,
[02:16:56.000 --> 02:17:02.000]  what he likes and especially what he doesn't like happening in his courtroom.
[02:17:02.000 --> 02:17:05.000]  And those are the things you want to avoid.
[02:17:05.000 --> 02:17:14.000]  And that's, you know, I have seen attorneys, high-dollar attorneys, come into courtrooms, all right,
[02:17:14.000 --> 02:17:28.000]  and make total idiots out of themselves because they didn't understand the judge and sort of the culture of that courtroom,
[02:17:28.000 --> 02:17:31.000]  if that makes sense to what I'm saying to you.
[02:17:31.000 --> 02:17:36.000]  I know in certain courts, like for example, in the heat of summer, the judge will often say,
[02:17:36.000 --> 02:17:39.000]  gentlemen, you can take your jackets off.
[02:17:39.000 --> 02:17:50.000]  And then you can go to the next court over and the judge there, if you even pop in to see one of your buddies
[02:17:50.000 --> 02:17:56.000]  or to bring someone lunch or a message real quick at a break and don't have a jacket on,
[02:17:56.000 --> 02:18:03.000]  if the judge is in the courtroom, he'll walk over and say, John, you need to go put a jacket on in my courtroom.
[02:18:03.000 --> 02:18:08.000]  Don't ever let me see you in here without one again, you know.
[02:18:08.000 --> 02:18:19.000]  And, you know, I know that seems minor, but you need every advantage you can get.
[02:18:19.000 --> 02:18:25.000]  And the last thing you want to do is get on the bad side of the judge for a stupid reason.
[02:18:25.000 --> 02:18:27.000]  Do you agree?
[02:18:27.000 --> 02:18:30.000]  Does that, everyone?
[02:18:30.000 --> 02:18:41.000]  And, you know, and like I said, traffic stops being pulled over, stopped and detained out in the public domain now
[02:18:41.000 --> 02:18:44.000]  is getting to be a dangerous situation.
[02:18:44.000 --> 02:18:46.000]  You do not want to get.
[02:18:46.000 --> 02:18:59.000]  Well, I mean, I travel at night a lot because of my work and, you know, you get pulled over at 330 in the morning
[02:18:59.000 --> 02:19:06.000]  and, you know, it's you and him.
[02:19:06.000 --> 02:19:08.000]  It's you and that officer.
[02:19:08.000 --> 02:19:17.000]  And, you know, I don't want to give this guy reason one to do anything aggressive or stupid.
[02:19:17.000 --> 02:19:25.000]  And oftentimes, you know, I might, and this sounds like I'm breaking one of my rules, but I'm not.
[02:19:25.000 --> 02:19:31.000]  I will engage an officer on a, like, how's your night going?
[02:19:31.000 --> 02:19:38.000]  You look tired at a rough night, you know, and show a little empathy toward him.
[02:19:38.000 --> 02:19:42.000]  But then when he wants to talk about, you know, do you know what I'm pulling you over for?
[02:19:42.000 --> 02:19:46.000]  I haven't got a clue.
[02:19:46.000 --> 02:19:49.000]  You know?
[02:19:49.000 --> 02:19:53.000]  Yeah, don't interject things like bad cop, no donut.
[02:19:53.000 --> 02:19:55.000]  Yeah.
[02:19:55.000 --> 02:19:59.000]  And so that's about all I got.
[02:19:59.000 --> 02:20:01.000]  And I appreciate you having me on the show.
[02:20:01.000 --> 02:20:03.000]  I've enjoyed it.
[02:20:03.000 --> 02:20:09.000]  And hopefully, maybe some other time, I'll get asked to come back.
[02:20:09.000 --> 02:20:10.000]  Absolutely.
[02:20:10.000 --> 02:20:11.000]  Absolutely.
[02:20:11.000 --> 02:20:12.000]  Thank you very much, John.
[02:20:12.000 --> 02:20:13.000]  And thank you, Eddie.
[02:20:13.000 --> 02:20:15.000]  Thank you, callers.
[02:20:15.000 --> 02:20:20.000]  We're doing this for you all, and I'm really happy to be part of it.
[02:20:20.000 --> 02:20:22.000]  Okay, well, it looks like we don't have any more callers.
[02:20:22.000 --> 02:20:25.000]  And so I guess we're going to wrap up the show now.
[02:20:25.000 --> 02:20:28.000]  Thank you all for staying up with us so late.
[02:20:28.000 --> 02:20:33.000]  This is the Rule of Law, ruleoflawradio.com.
[02:20:33.000 --> 02:20:35.000]  I'm Deborah Stevens.
[02:20:35.000 --> 02:20:39.000]  Randy Kelton has gone night night.
[02:20:39.000 --> 02:20:43.000]  We've got Eddie Craig here still hanging on, and John.
[02:20:43.000 --> 02:20:44.000]  All right.
[02:20:44.000 --> 02:20:47.000]  We will be back Monday night.
[02:20:47.000 --> 02:20:53.000]  Please go to ruleoflawradio.com, and I'll be posting the archives shortly.
[02:20:53.000 --> 02:20:58.000]  Good night, everybody.
[02:21:23.000 --> 02:21:25.000]  Thank you very much.
[02:21:53.000 --> 02:21:55.000]  Thank you very much.
[02:22:23.000 --> 02:22:25.000]  Thank you very much.
[02:22:53.000 --> 02:22:55.000]  Thank you very much.
[02:23:23.000 --> 02:23:25.000]  Thank you very much.
[02:23:53.000 --> 02:24:00.000]  Come on and even fall out for more.
[02:24:00.000 --> 02:24:05.000]  When they're taking over the town.
[02:24:05.000 --> 02:24:13.000]  Can't you see that they've been sharing business around.
[02:24:13.000 --> 02:24:20.000]  They leave us hanging on the ground.
[02:24:20.000 --> 02:24:41.000]  When they're taking over the town.
[02:24:41.000 --> 02:24:48.000]  People come from near and far.
[02:24:48.000 --> 02:24:55.000]  They're all expecting to see a war.
[02:24:55.000 --> 02:25:02.000]  When they're taking over the town.
[02:25:02.000 --> 02:25:07.000]  They leave us hanging on the ground.
[02:25:07.000 --> 02:25:18.000]  When they're taking over the town.