[00:00.000 --> 00:10.640]  Secretary of State Hillary Clinton Sunday said the U.S. would retaliate massively in
[00:10.640 --> 00:13.840]  the event of an Iranian nuclear attack on Israel.
[00:13.840 --> 00:19.520]  Observers noted, however, that Iran has no nuclear weapons with which to attack Israel,
[00:19.520 --> 00:22.240]  even if it wanted to.
[00:22.240 --> 00:27.320]  Hundreds of Pakistani villages from the Upper Dur district have formed a tribal militia
[00:27.320 --> 00:31.880]  in the wake of Friday's mosque bombing and have attacked several neighboring villages
[00:31.880 --> 00:34.600]  under the control of the Taliban.
[00:34.600 --> 00:39.440]  Secretary of State Hillary Clinton says the U.S. is considering adding North Korea to
[00:39.440 --> 00:51.120]  the list of state sponsors of terrorism, a list it had only recently been removed from.
[00:51.120 --> 00:56.160]  The L.A. Times reports powerful reformists and conservatives within Iran's elite have
[00:56.160 --> 01:03.960]  joined forces to wage an unprecedented behind-the-scenes campaign to unseat President Mahmoud Ahmadinejad.
[01:03.960 --> 01:08.800]  They are worried Ahmadinejad is driving the country to the brink of collapse with populist
[01:08.800 --> 01:13.480]  economic policies and a confrontational stance toward the West.
[01:13.480 --> 01:19.080]  Prominent figures are backing reformist Mir Hossein Mousavi, who they believe has the
[01:19.080 --> 01:25.280]  best chance of defeating the hard-line Ahmadinejad in the presidential election Friday.
[01:25.280 --> 01:31.080]  They have foiled attempts by Ahmadinejad to secure funds for populist giveaways.
[01:31.080 --> 01:36.360]  State-controlled television agreed to an unheard series of live debates, and the powerful Council
[01:36.360 --> 01:41.760]  of Guardians rejected a ballot box maneuver by the president as a prelude to attempted
[01:41.760 --> 01:42.760]  fraud.
[01:42.760 --> 01:47.920]  Ahmadinejad's behind-the-scenes opponents fear that a win by the incumbent will further
[01:47.920 --> 01:53.840]  isolate Iran, weaken the middle class, and give more power to the military and the Revolutionary
[01:53.840 --> 01:54.840]  Guard.
[01:54.840 --> 02:03.200]  Construction of a $30 million dining facility at a U.S. base in Iraq is scheduled to be
[02:03.200 --> 02:05.920]  completed December 25th.
[02:05.920 --> 02:11.600]  But according to an independent panel investigating contracting in Iraq and Afghanistan, the decision
[02:11.600 --> 02:17.000]  to build it was based on bad planning and botched paperwork, and is too far along to
[02:17.000 --> 02:18.000]  stop.
[02:18.000 --> 02:22.640]  In its first report to Congress, the wartime contracting commission details how tens of
[02:22.640 --> 02:25.440]  billions of dollars have been misspent.
[02:25.440 --> 02:30.840]  The report, obtained by the Associated Press, documents poor management, weak oversight,
[02:30.840 --> 02:33.600]  and a failure to learn from past mistakes.
[02:33.600 --> 02:38.920]  The commission says U.S. reliance on contractors has grown to unprecedented proportions.
[02:38.920 --> 02:44.640]  More than 240,000 private sector employees are supporting military operations in Iraq
[02:44.640 --> 02:46.640]  and Afghanistan.
[02:46.640 --> 02:50.880]  Thousands more work for the State Department and the Agency for International Development.
[02:50.880 --> 02:56.400]  But the government has no central database of who all these contractors are, what services
[02:56.400 --> 02:59.120]  they provide, and how much they're paid.
[02:59.120 --> 03:10.120]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[03:10.120 --> 03:21.480]  talk radio at its best.
[03:21.480 --> 03:48.380]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna
[03:48.380 --> 03:54.380]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:54.380 --> 03:59.380]  When you were eight and you had bad trees You'd go to school and learn the golden rules
[03:59.380 --> 04:05.380]  So why are you acting like a bloody fool? If you get hot then you might get cool
[04:05.380 --> 04:10.380]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:10.380 --> 04:16.380]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:16.380 --> 04:22.380]  You chuck it on that one, you chuck it on this one, You chuck it on your mother and you chuck it on your father
[04:22.380 --> 04:27.380]  You chuck it on your brother and you chuck it on your sister, you chuck it on that one, and you chuck it on me
[04:27.380 --> 04:33.380]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:33.380 --> 04:38.380]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:38.380 --> 04:43.380]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:43.380 --> 04:53.860]  Bad boys, bad boys, what are you going to do when they come for you?
[04:53.860 --> 05:01.380]  This is Deborah Stevens, I'm here with Randy Kelton and Eddie Craig.
[05:01.380 --> 05:07.220]  And Eddie, you are going to report to us about what happened today on your Dallas trip.
[05:07.220 --> 05:18.220]  Yeah, Deborah, I actually left this morning at 6 a.m. to drive to Dallas for an appointment with the Justice of the Peace in Denton County, Judge J.W. Hand.
[05:18.220 --> 05:27.220]  He is a very interesting man. He's very kind, very willing to talk with somebody. He listens.
[05:27.220 --> 05:39.220]  He and I had a great deal of discussion today about transportation code and the criminal procedures and the actual criminal complaints that I had taken up there to get filed.
[05:39.220 --> 05:52.220]  The only disappointing aspect of it is that I didn't actually get to file the criminal complaints, but simply because in his estimation, it was not going to actually help the situation to do that.
[05:52.220 --> 06:05.220]  However, he did offer several very good suggestions on how to circumvent the local officials' attempts to bar me from making a presentment directly to the grand jury.
[06:05.220 --> 06:14.220]  And he suggested writing both a certified letter and a non-certified letter and mailing it to each and every member of the grand jury,
[06:14.220 --> 06:25.220]  requesting an audience basically to come in and make a presentment of the facts and to just basically come in and say, okay, I'm glad you let me in here.
[06:25.220 --> 06:33.220]  Here's the deal. You've got a district attorney that is trying to prevent me from bringing certain pieces of information to you.
[06:33.220 --> 06:50.220]  And the main question for you folks today should be why, and then show them the 170-some-odd criminal complaints against her and let them see for themselves why.
[06:50.220 --> 06:58.220]  But he did. He offered some very good advice on how to do that, and he was an absolute pleasure to talk to, a very nice man.
[06:58.220 --> 07:05.220]  If we had more like him, people would probably feel more hopeful about their chances in court.
[07:05.220 --> 07:10.220]  He even, Randy, you'd like this, even though it turned out that he had actually misspoke himself,
[07:10.220 --> 07:16.220]  he brought up the issue of how most of the DAs that appear in his court are a bunch of wimps.
[07:16.220 --> 07:22.220]  They won't actually try a case. They're waiting to cut the proverbial deal we talk about all the time.
[07:22.220 --> 07:28.220]  And I kind of looked at it for a second and he said, you have district attorneys coming to your court?
[07:28.220 --> 07:39.220]  And he was like, well, yeah. And I was going, but 2.02 says that a district attorney can't practice in any court below the level of district court.
[07:39.220 --> 07:46.220]  Anything below district court, 2.03 says, is the domain of the county attorney. No district attorney is allowed.
[07:46.220 --> 07:52.220]  And he looked at me for a second and he was like, hmm, oh, wait, I misspoke myself.
[07:52.220 --> 07:59.220]  And then he referenced the county attorney in that area and he said they actually refer to themselves as assistant district attorneys,
[07:59.220 --> 08:04.220]  but they are in fact county attorneys, but he would double check that and find out.
[08:04.220 --> 08:13.220]  But I think I made an impression on him today because every other word out of my mouth had him cocking his eyebrows and writing notes.
[08:13.220 --> 08:24.220]  I think I left him with a wrist cramp, but he seemed to have a genuine interest in facts that he had never heard before and wanting to know more about it.
[08:24.220 --> 08:35.220]  I even left a copy of my sales tax research with him, Randy, and he promised to dig into that heartily and read it front to back.
[08:35.220 --> 08:49.220]  You know, that was exactly the impression I got from him when I dealt with him, that the man actually listened and that's unusual.
[08:49.220 --> 08:57.220]  It is, but it's very refreshing. Don't get me wrong. It was very nice that you'd have one that would.
[08:57.220 --> 09:05.220]  And I agree with you. If we had more, there would be a lot more trust in the legal system.
[09:05.220 --> 09:12.220]  But he was a hoot when I talked to him. He was telling me about being a DEA agent.
[09:12.220 --> 09:21.220]  And when I was there, his head clerk gave me back a book I had given to her 10 years ago.
[09:21.220 --> 09:30.220]  It was a book on handwriting analysis. And he asked me if I was a graphologist, and I said, well, of a sort.
[09:30.220 --> 09:36.220]  He said when he was a DEA agent, he got into numerology.
[09:36.220 --> 09:44.220]  What he would do would go to these parties and be the local numerology guru.
[09:44.220 --> 09:59.220]  And in order for him to analyze all of your numbers, you had to give him all of your numbers, your ad name and address and Social Security number and just everything.
[09:59.220 --> 10:10.220]  And they'd say, you know where I can get a duty? You're a real scoundrel. Yeah, but it worked really good.
[10:10.220 --> 10:14.220]  Well, if it works, it works, you know?
[10:14.220 --> 10:21.220]  I had to appreciate his ingenuity, even if I wasn't on his side on that.
[10:21.220 --> 10:29.220]  But he didn't take himself terribly serious. And I like that about him.
[10:29.220 --> 10:33.220]  All right. And we have a bunch of callers on the board also, guys.
[10:33.220 --> 10:39.220]  We've got Wendy, Louis and Rick. Let's go to Wendy in Tennessee.
[10:39.220 --> 10:42.220]  Wendy, thanks for calling in. What's on your mind tonight?
[10:42.220 --> 10:54.220]  Hey, Deborah. Well, the reason I was calling in is, you know, the judge in our case had ruled that we were supposed to get prior approval from him.
[10:54.220 --> 10:56.220]  Well, he keeps on returning their mail.
[10:56.220 --> 10:59.220]  Wait, prior approval for what?
[10:59.220 --> 11:04.220]  Any motions we file.
[11:04.220 --> 11:08.220]  Is that a fact? And where did he get that authority?
[11:08.220 --> 11:17.220]  Well, it's more or less the order for the court clerks not to file any of our paperwork without his approval.
[11:17.220 --> 11:28.220]  So did you file a judicial conduct complaint against him and a countersuit against him for denying you your right to petition the court for redress of grievance?
[11:28.220 --> 11:32.220]  Yes.
[11:32.220 --> 11:37.220]  That was a rhetorical question. I had to know you would have.
[11:37.220 --> 11:45.220]  I mean, this man is something else.
[11:45.220 --> 11:48.220]  Did you also file a judicial complaint against him?
[11:48.220 --> 11:53.220]  Oh, yes. I mean, I file more complaints on this man than the law knows.
[11:53.220 --> 11:57.220]  Now, do remember I actually gave Judge Hand a copy of this today, too.
[11:57.220 --> 12:12.220]  I've got court cases that specifically state that when they're dealing with statutes, that judge is dealing in his ministerial capacity, not a judicial capacity, so he is not immune for his actions.
[12:12.220 --> 12:14.220]  Exactly.
[12:14.220 --> 12:27.220]  And, you know, I mean, but I'm trying to figure out, do I make another complaint because he's refusing any of our mailings or motions now?
[12:27.220 --> 12:32.220]  I mean, I filed it for, you name it, everything under the sun under him.
[12:32.220 --> 12:36.220]  But this is a new one. He keeps on sending our mail back.
[12:36.220 --> 12:40.220]  Actually, the court is sending our mail back.
[12:40.220 --> 12:44.220]  I'd make copies of that, file it with the FBI, tampering with the mail.
[12:44.220 --> 12:48.220]  Yeah, file it with the postal inspectors.
[12:48.220 --> 12:49.220]  Okay.
[12:49.220 --> 12:57.220]  I had a friend who was in the mail order business, and he said, you think the FBI is bad?
[12:57.220 --> 13:01.220]  You ain't lived until you had the postal inspectors after you.
[13:01.220 --> 13:09.220]  So I expect the postal inspectors will enjoy going and kicking a judge around.
[13:09.220 --> 13:16.220]  Well, the last thing that I've sent him is a Christian abatement.
[13:16.220 --> 13:19.220]  He's the enemy of Jesus Christ.
[13:19.220 --> 13:23.220]  I'm sure he'll like that one, too.
[13:23.220 --> 13:25.220]  Wait a minute. What was that?
[13:25.220 --> 13:38.220]  I sent a Christian abatement to him, telling him he was the enemy of Jesus Christ, and I hung it up in the post office, and someone jerked that down.
[13:38.220 --> 13:40.220]  I have to forward you that.
[13:40.220 --> 13:43.220]  I would like to see that.
[13:43.220 --> 13:57.220]  It's an interesting document, and it makes them very angry that we put everybody on it and sent it to every one of them, 30 of them.
[13:57.220 --> 14:03.220]  But these people are just downright criminals.
[14:03.220 --> 14:09.220]  Well, she's got the good picture, right?
[14:09.220 --> 14:15.220]  Have you got any traction? Is anything moving forward for you?
[14:15.220 --> 14:23.220]  Not really. It seems like they went deaf. I mean, absolutely no movement. It feels like...
[14:23.220 --> 14:26.220]  So you have a counter suit.
[14:26.220 --> 14:28.220]  Yes.
[14:28.220 --> 14:37.220]  You need to file a petition to have any motions you have before the court put on for hearing.
[14:37.220 --> 14:39.220]  Okay.
[14:39.220 --> 14:42.220]  That's how you can push it along.
[14:42.220 --> 14:52.220]  And if the court doesn't put them on to hearing, then you file with the next higher court for a motion to compel.
[14:52.220 --> 14:59.220]  You ask the next higher court to compel this court to hear your motions.
[14:59.220 --> 15:06.220]  Otherwise, they're denying you in the right to petition the government for redress of grievance.
[15:06.220 --> 15:08.220]  Yeah, they are.
[15:08.220 --> 15:15.220]  Now, we've gotten two responses from two senators, you know, from our criminal complaints.
[15:15.220 --> 15:18.220]  Having a cup of coffee will cure your thirst.
[15:18.220 --> 15:24.220]  Have you filed... Is this complaints you filed against the senators?
[15:24.220 --> 15:34.220]  No. No, we sent our complaints instead of to the senators, our federal grand jury complaints to them.
[15:34.220 --> 15:40.220]  And they have taken notice, only two of them.
[15:40.220 --> 15:44.220]  So what was the nature of their responses?
[15:44.220 --> 15:53.220]  They were concerned about it, and they were going to forward it to proper authorities.
[15:53.220 --> 16:00.220]  This was a U.S. attorney who refuses to accept my federal complaints.
[16:00.220 --> 16:04.220]  Oh, good, because you filed them under 3332?
[16:04.220 --> 16:06.220]  Yes.
[16:06.220 --> 16:14.220]  Now you need to file against the U.S. attorney accusing him of violating 3332.
[16:14.220 --> 16:15.220]  Okay.
[16:15.220 --> 16:19.220]  And file those with the attorney general.
[16:19.220 --> 16:28.220]  And you can petition the district court in whatever district he's in to appoint an attorney pro tem to prosecute the prosecutor.
[16:28.220 --> 16:30.220]  Okay.
[16:30.220 --> 16:31.220]  That'll be a hoot.
[16:31.220 --> 16:33.220]  It will be.
[16:33.220 --> 16:38.220]  Okay, Whitney, listen, we're going to break. If you'd like, you're welcome to hold on until the other side.
[16:38.220 --> 16:39.220]  Okay.
[16:39.220 --> 16:41.220]  Okay, we'll be right back.
[16:41.220 --> 16:44.220]  This is the rule of law, Rady Kelton, Debra Stevens, and Eddie Craig.
[16:44.220 --> 16:48.220]  Callers, if you'd like to call in 512-646-1984.
[16:48.220 --> 16:52.220]  We'll be right back.
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[18:44.220 --> 19:12.220]  Okay, we are back, the rule of law, Randy Kelton and Deborah Stevens with Eddie Craig, of course.
[19:12.220 --> 19:20.220]  All right, we are speaking with Wendy from Tennessee about filing complaints to the U.S. Attorney.
[19:20.220 --> 19:22.220]  Okay, go ahead, Wendy.
[19:22.220 --> 19:31.220]  Okay, I also wanted to ask one more question about tomorrow is the date at which you're supposed to seal my friend's house.
[19:31.220 --> 19:33.220]  Okay, it's not a foreclosure.
[19:33.220 --> 19:44.220]  It's basically retaliation for his counterclaim and they're supposed to seal it tomorrow.
[19:44.220 --> 19:55.220]  Now, the police came here looking for me for some reason and I think it's because he has filed some paperwork too.
[19:55.220 --> 19:59.220]  And I think it was to try to intimidate me.
[19:59.220 --> 20:01.220]  I wasn't here at the time.
[20:01.220 --> 20:05.220]  Are they kidding?
[20:05.220 --> 20:09.220]  Are these guys brain dead?
[20:09.220 --> 20:11.220]  They thought it's a woman.
[20:11.220 --> 20:14.220]  They could go.
[20:14.220 --> 20:17.220]  Did they actually foreclose on your friend's house?
[20:17.220 --> 20:31.220]  No, the home is paid for, free and clear. The judge said it's to settle a debt of his divorce.
[20:31.220 --> 20:39.220]  Let me see, what happened was they ruled that the wife would get $300,000.
[20:39.220 --> 20:50.220]  Well, the judge in the case put a lien on the house so he couldn't get the money to pay his wife's amount, his judgment.
[20:50.220 --> 20:54.220]  How did the judge put the lien on the house?
[20:54.220 --> 20:57.220]  I guess through the Registry of Deeds.
[20:57.220 --> 21:04.220]  He cannot obtain any loans because of this lien.
[21:04.220 --> 21:07.220]  I guess it's a judgment lien.
[21:07.220 --> 21:12.220]  How did the judge put a lien on the house?
[21:12.220 --> 21:13.220]  I have no idea.
[21:13.220 --> 21:17.220]  Is this the judge in the divorce proceedings?
[21:17.220 --> 21:25.220]  Yes, but it doesn't appear in the Registry of Deeds office.
[21:25.220 --> 21:33.220]  I don't know how it got there for them to really put more money on the house to pay this wife off.
[21:33.220 --> 21:41.220]  The woman who was married, and he didn't know about it when he married her.
[21:41.220 --> 21:47.220]  How could he be sued for divorce if he couldn't legally marry her to begin with?
[21:47.220 --> 21:53.220]  Good question. So he did a negative amendment on that matter. They defaulted on it.
[21:53.220 --> 21:59.220]  And now for retaliation, they're selling his home tomorrow.
[21:59.220 --> 22:03.220]  I think they're selling his home tomorrow. It's supposed to be.
[22:03.220 --> 22:10.220]  Now he also has a $100 billion lien against the house himself.
[22:10.220 --> 22:15.220]  The lien he has is first in line?
[22:15.220 --> 22:18.220]  Yes.
[22:18.220 --> 22:21.220]  So it's against a different house, right?
[22:21.220 --> 22:23.220]  Nope, same house.
[22:23.220 --> 22:30.220]  So it won't help them to sell it. Whoever buys it can't pay off the lien he has.
[22:30.220 --> 22:33.220]  Exactly.
[22:33.220 --> 22:41.220]  So he needs to notify. Is he going to have someone there at the auction?
[22:41.220 --> 22:47.220]  Yes, we're going to try to find someone to be there. I really think it's a bluff.
[22:47.220 --> 22:53.220]  Because I really think they want him to say, I give and remove these liens on them.
[22:53.220 --> 23:00.220]  Because his liens are up in the billions on them, on his counterclaims.
[23:00.220 --> 23:03.220]  He's grown.
[23:03.220 --> 23:09.220]  So you think if he holds out that they will wind up not selling?
[23:09.220 --> 23:15.220]  I think they think if they held out telling him that they were going to sell it,
[23:15.220 --> 23:21.220]  then he would come crawling back to them and say, okay, I give.
[23:21.220 --> 23:23.220]  That's my personal thing.
[23:23.220 --> 23:26.220]  I take it he's not going to do that.
[23:26.220 --> 23:33.220]  No. He's not stubborn as I am.
[23:33.220 --> 23:37.220]  So what happens if they sell it?
[23:37.220 --> 23:44.220]  Well, I reckon there's a bill of sale and these people owe him $100 billion in pure silver.
[23:44.220 --> 23:51.220]  So whoever purchases the house, whatever they pay for it, he gets it.
[23:51.220 --> 23:58.220]  And they still can't transfer the title because the liens are still on it.
[23:58.220 --> 24:01.220]  Exactly.
[24:01.220 --> 24:04.220]  Is this a possibility also?
[24:04.220 --> 24:09.220]  Since the wife originally married him under fraudulent pretenses,
[24:09.220 --> 24:14.220]  why doesn't he file a tort action against her for fraud?
[24:14.220 --> 24:17.220]  Well, that's why his dangit agreement was.
[24:17.220 --> 24:21.220]  It's a predictive contract, fraud.
[24:21.220 --> 24:25.220]  Yeah, and then put a lien against her.
[24:25.220 --> 24:31.220]  She has one for a couple of billions.
[24:31.220 --> 24:34.220]  It's a mess.
[24:34.220 --> 24:39.220]  I really think that they don't have no, at some point in order to transfer that title,
[24:39.220 --> 24:47.220]  will they not have consent of some sort from him, a signature of some sort?
[24:47.220 --> 24:48.220]  I would think so.
[24:48.220 --> 24:55.220]  If he has the lien and it's a perfected lien, then they're going to have to deal with the lien.
[24:55.220 --> 24:56.220]  Exactly.
[24:56.220 --> 25:07.220]  So if they do sell the house and they don't give full disclosure of this rather substantial lien,
[25:07.220 --> 25:10.220]  then that's fraud.
[25:10.220 --> 25:11.220]  Exactly.
[25:11.220 --> 25:14.220]  And he can go ahead and file a less pendants, can't he?
[25:14.220 --> 25:15.220]  Well, we filed a less pendants.
[25:15.220 --> 25:18.220]  No, he doesn't have a less pendants.
[25:18.220 --> 25:20.220]  He has the lien already.
[25:20.220 --> 25:22.220]  Right.
[25:22.220 --> 25:26.220]  But that's a notification that the lien exists, is a less pendants.
[25:26.220 --> 25:28.220]  And he did file that.
[25:28.220 --> 25:35.220]  So they will have to notify the potential buyers.
[25:35.220 --> 25:42.220]  So there's not much chance of them getting a buyer if the buyer is looking at a major lien.
[25:42.220 --> 25:46.220]  Absolutely.
[25:46.220 --> 25:49.220]  Sounds like it's going to be interesting.
[25:49.220 --> 25:52.220]  It is.
[25:52.220 --> 25:58.220]  Is that a potential method to make your property judgment-proof, place your own lien?
[25:58.220 --> 25:59.220]  Yeah, well, of course.
[25:59.220 --> 26:07.220]  You put a security agreement, you know, and that property belongs to the debtor,
[26:07.220 --> 26:15.220]  which you, the individual, have the power of attorney over the debtor, which is a straw man.
[26:15.220 --> 26:19.220]  I'll just flip you out for a little bit.
[26:19.220 --> 26:21.220]  Oh, no, actually, I followed that very well.
[26:21.220 --> 26:23.220]  I got a headache.
[26:23.220 --> 26:28.220]  Yeah, that's actually, that's the kind of stuff that's in the Tim Turner documents.
[26:28.220 --> 26:31.220]  That's what we're doing right now.
[26:31.220 --> 26:32.220]  Yeah.
[26:32.220 --> 26:38.220]  So see, when he went to file his less pendants, and the court at least rejected it, would not file it.
[26:38.220 --> 26:42.220]  So we posted it in the public record, not in the register of deeds,
[26:42.220 --> 26:48.220]  but in the public post office, and they left it up for a month.
[26:48.220 --> 26:59.220]  So if you just post it, if you talk to Tim Turner and get the woman that was at the seminar in Dallas,
[26:59.220 --> 27:02.220]  she has a website for that purpose.
[27:02.220 --> 27:06.220]  It's called nationalrepublicregistry.com.
[27:06.220 --> 27:09.220]  Okay.
[27:09.220 --> 27:18.220]  And that does public filing, so it becomes published once she's posted it,
[27:18.220 --> 27:21.220]  because anybody from anywhere on the planet can get at it.
[27:21.220 --> 27:24.220]  It's even better than posting it at all.
[27:24.220 --> 27:31.220]  Yeah, just go to the, it's just called nationalrepublicregistry.com.
[27:31.220 --> 27:33.220]  Okay.
[27:33.220 --> 27:36.220]  It's like I was on there not long ago.
[27:36.220 --> 27:44.220]  But yeah, so my take is they're not going to be able to sell this on the courthouse steps.
[27:44.220 --> 27:45.220]  Not legally.
[27:45.220 --> 27:47.220]  Not legally.
[27:47.220 --> 27:51.220]  Not lawfully either.
[27:51.220 --> 27:52.220]  Now that's confusing.
[27:52.220 --> 27:55.220]  I've been in there with silver dollars.
[27:55.220 --> 28:04.220]  I've been in there with a pre-1964 silver dollars and buying the house lawfully with silver dollars.
[28:04.220 --> 28:10.220]  Twenty-one of them.
[28:10.220 --> 28:12.220]  That will be interesting.
[28:12.220 --> 28:14.220]  You will really make these people crazy,
[28:14.220 --> 28:21.220]  because I suspect there's not an attorney there who has any idea what you're dealing with.
[28:21.220 --> 28:24.220]  Right.
[28:24.220 --> 28:27.220]  I see that's a lot of money.
[28:27.220 --> 28:31.220]  So keep, kind of keep us up to date on how this goes.
[28:31.220 --> 28:32.220]  Okay.
[28:32.220 --> 28:35.220]  Call us in Thursday and let us know what happens.
[28:35.220 --> 28:37.220]  Okay, I will.
[28:37.220 --> 28:39.220]  Anyway, I'll let you go because I know there's other callers.
[28:39.220 --> 28:41.220]  Anyway, thank you all.
[28:41.220 --> 28:42.220]  Thanks, Wendy.
[28:42.220 --> 28:43.220]  Thanks, Wendy.
[28:43.220 --> 28:46.220]  Okay, we're going to go now to, we're coming right up on a break,
[28:46.220 --> 28:49.220]  but we're going to start in with Lewis from Arkansas.
[28:49.220 --> 28:51.220]  Hey, Lewis, thanks for calling in.
[28:51.220 --> 28:52.220]  What's on your mind tonight?
[28:52.220 --> 28:58.220]  I had talked with a couple of times before on the one here in Arkansas, still banned from my courthouse.
[28:58.220 --> 28:59.220]  I did.
[28:59.220 --> 29:04.220]  It turns out that the court I had to go to wasn't actually at the courthouse,
[29:04.220 --> 29:07.220]  but it was within 200 yards of it.
[29:07.220 --> 29:08.220]  So I went.
[29:08.220 --> 29:10.220]  They didn't bust me or anything.
[29:10.220 --> 29:13.220]  They just wouldn't accept anything.
[29:13.220 --> 29:16.220]  I tried to, you know, present them with like an acceptor for value,
[29:16.220 --> 29:20.220]  exhaustive administrative remedy, nothing like that.
[29:20.220 --> 29:24.220]  They just threw it all out instead of a trial date for the 12th.
[29:24.220 --> 29:31.220]  So I was hoping you might get to help me out some more on how to go about getting the grand jury convened,
[29:31.220 --> 29:35.220]  because I went to my coroner, who I've learned since we talked last,
[29:35.220 --> 29:38.220]  has the power to convene, you know, the grand jury for me.
[29:38.220 --> 29:40.220]  Okay, all right, listen, we're coming up on a break.
[29:40.220 --> 29:42.220]  We're going to talk to you about that on the other side.
[29:42.220 --> 29:45.220]  Lewis and Rick from California, hang on the line.
[29:45.220 --> 29:46.220]  Other callers you'd like to call in?
[29:46.220 --> 29:49.220]  512-646-1984.
[29:49.220 --> 29:51.220]  We'll be right back.
[29:51.220 --> 29:54.220]  Gold prices are at historic highs.
[29:54.220 --> 29:57.220]  And with the recent pullback, this is a great time to buy.
[29:57.220 --> 30:01.220]  With the value of the dollar, risks of inflation, geopolitical uncertainties
[30:01.220 --> 30:05.220]  and instability in world financial systems, I see gold going up much higher.
[30:05.220 --> 30:08.220]  Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
[30:08.220 --> 30:12.220]  Everybody should have some of their assets in investment grade precious metals.
[30:12.220 --> 30:16.220]  At Roberts and Roberts Brokerage, you can buy gold, silver and platinum with confidence
[30:16.220 --> 30:21.220]  from a brokerage that specialized in the precious metals market since 1977.
[30:21.220 --> 30:25.220]  If you are new to precious metals, we will happily provide you with the information you need
[30:25.220 --> 30:29.220]  to make an informed decision whether or not you choose to purchase from us.
[30:29.220 --> 30:32.220]  Also, Roberts and Roberts Brokerage values your privacy
[30:32.220 --> 30:37.220]  and will always advise you in the event that we would be required to report any transaction.
[30:37.220 --> 30:42.220]  If you have gold, silver or platinum you'd like to sell, we can convert it for immediate payment.
[30:42.220 --> 30:47.220]  Call us at 800-874-9760. We are Roberts and Roberts Brokerage.
[30:47.220 --> 30:52.220]  800-874-9760.
[30:52.220 --> 31:10.220]  Okay, we are back.
[31:10.220 --> 31:14.220]  We're taking your phone calls on the rule of law.
[31:14.220 --> 31:19.220]  Randy Kelton, Deborah Stevens, Eddie Craig.
[31:19.220 --> 31:26.220]  And we are speaking with Lewis in Arkansas right now concerning getting a grand jury convened.
[31:26.220 --> 31:29.220]  Okay, so go ahead, Lewis.
[31:29.220 --> 31:34.220]  Well, I approached my coroner who said he didn't want anything to do with it
[31:34.220 --> 31:37.220]  as far as helping me get a grand jury convened.
[31:37.220 --> 31:42.220]  And I was instructed by a mentor that maybe I should start contacting the coroners
[31:42.220 --> 31:48.220]  around my surrounding counties here and all, but they're all pretty much in the Klan Club.
[31:48.220 --> 31:55.220]  I tell you, it's pretty together against the people around here from all instances I can find.
[31:55.220 --> 31:59.220]  So anyway, he forced me to plead, you know, or go to jail.
[31:59.220 --> 32:03.220]  And at the time I was stalling for time, so I pleaded, well, I blew it.
[32:03.220 --> 32:07.220]  I pleaded not guilty, and I pleaded guilty for my straw man.
[32:07.220 --> 32:12.220]  You know, I wouldn't have even had a controversy and had thrown it out, but I didn't.
[32:12.220 --> 32:14.220]  I pleaded, you know, not guilty.
[32:14.220 --> 32:18.220]  I pleaded before he set a trial date for the 12th.
[32:18.220 --> 32:25.220]  And I sent in criminal complaints to, I'm thinking of at least, the U.S. coroner.
[32:25.220 --> 32:31.220]  See if that would, you know, get something going here.
[32:31.220 --> 32:37.220]  I'm not familiar with that, but I'm going to suspect that it's limited,
[32:37.220 --> 32:44.220]  it's going to be limited in what he can convene a grand jury for.
[32:44.220 --> 32:54.220]  It's just kind of unusual to give a coroner that particular authority unless it's for some particular reason.
[32:54.220 --> 32:59.220]  Yeah, the recommendation that was handed to me to get access to the grand jury,
[32:59.220 --> 33:08.220]  Louis, is write a regular mailed letter and then also send that same letter, certified mail.
[33:08.220 --> 33:10.220]  Get the list of grand jury members.
[33:10.220 --> 33:18.220]  Send one through regular mail and one through certified mail to each member requesting an audience
[33:18.220 --> 33:21.220]  with the grand jury at their next day and time.
[33:21.220 --> 33:26.220]  And please respond back to you at either this phone number or this address or whatever.
[33:26.220 --> 33:32.220]  You'd probably want to have them mail it back simply because then you have something physical in your hands
[33:32.220 --> 33:37.220]  to take to the bailiff and say, look, I'm here by grand jury requirement, okay?
[33:37.220 --> 33:38.220]  They mandated my presence.
[33:38.220 --> 33:39.220]  Here I am.
[33:39.220 --> 33:40.220]  Let me in.
[33:40.220 --> 33:49.220]  But if you do that, basically, the mailed one, as it was put to me, won't come back.
[33:49.220 --> 33:50.220]  The certified one might.
[33:50.220 --> 33:53.220]  They may refuse to sign for it or they may not.
[33:53.220 --> 33:59.220]  But in any case, it gives you the ability then to make your presence known and that you request an audience
[33:59.220 --> 34:03.220]  to present your case to the grand jury for the charges you're wanting to file.
[34:03.220 --> 34:04.220]  Okay.
[34:04.220 --> 34:05.220]  Let me just list.
[34:05.220 --> 34:09.220]  These people around here, I have talked to not everybody.
[34:09.220 --> 34:14.220]  And they act like they don't even know what, you know, the guy on this door is doing.
[34:14.220 --> 34:18.220]  So I've had no one, anybody helping me in any way find a grand jury.
[34:18.220 --> 34:31.220]  File an information request with the district clerk requesting the names of all the current grand jury members.
[34:31.220 --> 34:37.220]  Ordinarily, that's not secret information.
[34:37.220 --> 34:44.220]  And even if you don't get it, you just, how many grand jurors do you have in Arkansas?
[34:44.220 --> 34:48.220]  I heard 25, but I can't confirm that, so I don't know.
[34:48.220 --> 34:58.220]  Send a set of complaints to grand juror one through 25.
[34:58.220 --> 35:04.220]  You should be able to look in the Code of Criminal Procedure and it'll have a section on grand jurors.
[35:04.220 --> 35:13.220]  You really need to read that section to find out what the law concerning grand juries are or is.
[35:13.220 --> 35:24.220]  So you'll know what the law specifically stipulates so you can be sure when these officials are within law or outside of it.
[35:24.220 --> 35:27.220]  Arkansas or federal.
[35:27.220 --> 35:29.220]  Are you in a federal court?
[35:29.220 --> 35:31.220]  What kind of complaints are you filing?
[35:31.220 --> 35:36.220]  Well, yeah, I filed it to the district court, but you had mentioned last one we spoke,
[35:36.220 --> 35:43.220]  but you might send me a federal criminal complaint form, which I might get you to resend that.
[35:43.220 --> 35:45.220]  I never did get that.
[35:45.220 --> 35:52.220]  I don't remember sending one, so I probably didn't.
[35:52.220 --> 35:56.220]  What is your federal accusation?
[35:56.220 --> 36:09.220]  Well, I got a list of about 40 some odd USC codes they broke here, by my interpretation anyway.
[36:09.220 --> 36:17.220]  Okay, well, you see, getting to the federal code is pretty specific.
[36:17.220 --> 36:20.220]  What's one of the federal codes they broke?
[36:20.220 --> 36:24.220]  Perjury against their oath of office.
[36:24.220 --> 36:27.220]  That's not federal, that's state.
[36:27.220 --> 36:31.220]  Well, USC section 1621.
[36:31.220 --> 36:39.220]  Yeah, it's against the law for someone in a federal court to commit the act.
[36:39.220 --> 36:45.220]  But if someone in a state court commits the act, they don't violate a federal law.
[36:45.220 --> 36:54.220]  The only way you can get an act from the state to the federal is if they violate constitution.
[36:54.220 --> 37:02.220]  Having said that, there's got to be another way, but as a rule, that's how you get to the federal law from the state.
[37:02.220 --> 37:08.220]  The states are required to abide by the federal constitution, not by the federal statutes.
[37:08.220 --> 37:12.220]  The federal statutes only apply to the feds.
[37:12.220 --> 37:19.220]  So you can't claim in the state violating the federal statute.
[37:19.220 --> 37:30.220]  But if in the process of violating the statute, they violate a constitutional right, now you can get them to the feds.
[37:30.220 --> 37:32.220]  Does that make sense?
[37:32.220 --> 37:35.220]  I understood what you said there for sure.
[37:35.220 --> 37:41.220]  So we need a constitutional right, and I got one.
[37:41.220 --> 37:55.220]  The judge has denied you in your right to petition the court for redress of grievance by barring you from the court.
[37:55.220 --> 38:01.220]  That's a constitutional violation.
[38:01.220 --> 38:11.220]  And once you use the one constitutional violation to drag them into the federal court, then you can pull all the rest of the stuff with it.
[38:11.220 --> 38:22.220]  Because if a matter includes a federal issue, only the feds can have jurisdiction over the federal issue.
[38:22.220 --> 38:36.220]  But if there are state issues in conjunction with a federal issue, the federal court can adjudicate both.
[38:36.220 --> 38:46.220]  And actually, that's not exactly true, because there are cases where the state can address federal violations in a state.
[38:46.220 --> 38:48.220]  It's complex.
[38:48.220 --> 38:54.220]  I need Dr. Graves to sort that out.
[38:54.220 --> 39:01.220]  For the most part, if you have state violations in conjunction with a federal violation,
[39:01.220 --> 39:10.220]  you can use the federal violation to remove it to the federal court and pull the state violations with it.
[39:10.220 --> 39:21.220]  And we've got one, which is a really good one and appropriate one, in that they're denying you access to the courts totally.
[39:21.220 --> 39:25.220]  And what they're doing is absolutely forbidden.
[39:25.220 --> 39:34.220]  A judge telling you that you can't file actions in your behalf.
[39:34.220 --> 39:41.220]  That's my suggestion on how to get there.
[39:41.220 --> 39:43.220]  Thank you so much.
[39:43.220 --> 39:44.220]  All right, thank you.
[39:44.220 --> 39:51.220]  Send me another fresh email, and I will pull one of the federal complaints that I filed and send it to you.
[39:51.220 --> 39:54.220]  Don't you have that for download on your website, Randy?
[39:54.220 --> 39:56.220]  No, I don't have it loaded up there yet.
[39:56.220 --> 39:58.220]  Okay, all right.
[39:58.220 --> 40:04.220]  Yeah, we need to get as many of these documents as we can up on the website, just send them to me, Randy,
[40:04.220 --> 40:08.220]  so that I can get them posted so that we're not always constantly being barraged by emails
[40:08.220 --> 40:15.220]  because everybody needs to look at this stuff, you know, these documents, these complaints.
[40:15.220 --> 40:20.220]  Okay, we're going to go now to Rick from California.
[40:20.220 --> 40:21.220]  Hey, Rick, thanks for calling in.
[40:21.220 --> 40:24.220]  What's on your mind tonight?
[40:24.220 --> 40:26.220]  How's it going, guys?
[40:26.220 --> 40:29.220]  I just got back from getting railroaded in court.
[40:29.220 --> 40:32.220]  Uh-oh, I don't like to hear that.
[40:32.220 --> 40:42.220]  Yeah, pretty bad, but honestly, I'm very excited because now I get to look up what a judge cannot or can and cannot do
[40:42.220 --> 40:49.220]  because I recorded it on my cell phone and with the audio recorder, and I caught him saying things like,
[40:49.220 --> 40:53.220]  when I said, you know, I'm not an attorney, so I have a couple questions.
[40:53.220 --> 40:56.220]  He said, no, no, I'm not going to answer your question.
[40:56.220 --> 41:00.220]  And he also stated that it was his courtroom.
[41:00.220 --> 41:07.220]  I also said that I filed a counterclaim, if you would like to see it, so, you know, I was going to give it to Baylor.
[41:07.220 --> 41:10.220]  And he said, no, I don't want to see any counterclaim.
[41:10.220 --> 41:14.220]  We're here about your expired registration.
[41:14.220 --> 41:19.220]  And I said, well, for the record, I must object since the court cannot move forward without obviously, you know,
[41:19.220 --> 41:24.220]  one's jurisdiction has been challenged, and he kept cutting me off left and right.
[41:24.220 --> 41:25.220]  I kept objecting.
[41:25.220 --> 41:29.220]  However, I mean, you know, this is the first time I've really ever been railroaded,
[41:29.220 --> 41:34.220]  but it's exciting because I have it recorded and I know that I'm going to learn a lot from this.
[41:34.220 --> 41:40.220]  But what do you guys think I can do because obviously he has no authority to do what he did.
[41:40.220 --> 41:43.220]  So I was told to, yeah, go ahead.
[41:43.220 --> 41:46.220]  Okay, I have a suggestion.
[41:46.220 --> 41:56.220]  The court has a ministerial duty to apply the standing law to the facts in the case.
[41:56.220 --> 42:07.220]  If he fails to perform a ministerial duty, then he has no immunity from civil suit for that.
[42:07.220 --> 42:15.220]  So you can amend your counterclaim to include the judge.
[42:15.220 --> 42:18.220]  Okay.
[42:18.220 --> 42:21.220]  So that would be a hoot.
[42:21.220 --> 42:22.220]  Okay.
[42:22.220 --> 42:29.220]  He'll come back in a couple of days and check on him with a fork.
[42:29.220 --> 42:33.220]  He'll come back in a couple of days and check on him with a fork.
[42:33.220 --> 42:36.220]  To see if he's done.
[42:36.220 --> 42:39.220]  Okay.
[42:39.220 --> 42:46.220]  I'm going to try that because this judge, he had me on my toes there for a minute,
[42:46.220 --> 42:50.220]  but that's only three minutes, and, you know, I just objected for the record.
[42:50.220 --> 42:52.220]  I was told to appeal it.
[42:52.220 --> 42:57.220]  Most likely that's where I'm going to win since, well, hopefully, of course,
[42:57.220 --> 43:00.220]  since they move forward without even removing that jurisdiction,
[43:00.220 --> 43:03.220]  which is one of the things I said to the judge.
[43:03.220 --> 43:08.220]  And there was a judge, I guess, who actually said judge and then his name.
[43:08.220 --> 43:11.220]  But I'm going to post it on YouTube and hopefully you guys can,
[43:11.220 --> 43:15.220]  if you guys have time, you can hear it and let me know what you guys think.
[43:15.220 --> 43:17.220]  Good.
[43:17.220 --> 43:24.220]  And I especially like your attitude that the judge railroading you gives you opportunities.
[43:24.220 --> 43:26.220]  Oh, yeah.
[43:26.220 --> 43:27.220]  So I want to thank you guys.
[43:27.220 --> 43:28.220]  I really appreciate it.
[43:28.220 --> 43:30.220]  And I'm going to be just here.
[43:30.220 --> 43:31.220]  Okay, thank you.
[43:31.220 --> 43:32.220]  Okay, thanks, Rick.
[43:32.220 --> 43:34.220]  Do you have anything else for us?
[43:34.220 --> 43:35.220]  Yeah, you guys are awesome.
[43:35.220 --> 43:36.220]  Thanks a lot.
[43:36.220 --> 43:37.220]  Okay, thanks.
[43:37.220 --> 43:38.220]  We'll be right back.
[43:38.220 --> 43:42.220]  Then we're going to go to Brian from Pennsylvania, then George in Texas.
[43:42.220 --> 43:46.220]  Callers, if you'd like to call in 512-646-1984.
[43:46.220 --> 43:51.220]  We will be right back.
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[44:52.220 --> 45:18.220]  MUSIC
[45:18.220 --> 45:22.220]  All right, this is the rule of law, Randy Kelton and Deborah Stevens.
[45:22.220 --> 45:27.220]  We are here with Eddie Craig also.
[45:27.220 --> 45:33.220]  And we are taking your calls, 512-646-1984.
[45:33.220 --> 45:38.220]  We're going to go now to Brian in Pennsylvania.
[45:38.220 --> 45:39.220]  Thank you. Hello.
[45:39.220 --> 45:40.220]  Hey, Brian, thanks for calling in.
[45:40.220 --> 45:42.220]  What's on your mind tonight?
[45:42.220 --> 45:47.220]  A few things, questions about rules of court and such.
[45:47.220 --> 45:51.220]  I'm wondering, reading through the Pennsylvania Rules of Court,
[45:51.220 --> 45:56.220]  state, federal and all, if they are more than likely,
[45:56.220 --> 45:58.220]  it seems more than likely that they're always congruent
[45:58.220 --> 46:01.220]  because I'll read the state and the federal will be cited.
[46:01.220 --> 46:03.220]  A lot of times it will be the same number.
[46:03.220 --> 46:07.220]  I'm just wondering if there's a general rule that they are the same
[46:07.220 --> 46:12.220]  or I should watch out because they are maybe known to in particular cases
[46:12.220 --> 46:22.220]  not be identical or the same.
[46:22.220 --> 46:23.220]  Guys, are you all there?
[46:23.220 --> 46:24.220]  Randy?
[46:24.220 --> 46:26.220]  Yeah, I'm here.
[46:26.220 --> 46:28.220]  I haven't actually looked at it to see if they're the same
[46:28.220 --> 46:31.220]  between the individual states and the federal or not.
[46:31.220 --> 46:35.220]  So I don't really have an answer to that.
[46:35.220 --> 46:37.220]  If I got it right, you're breaking up.
[46:37.220 --> 46:38.220]  I was having trouble understanding.
[46:38.220 --> 46:42.220]  You're saying the statute numbers are the same in the federal and the state?
[46:42.220 --> 46:47.220]  No, not the numbers, just even the general rules, you know, the principle.
[46:47.220 --> 46:50.220]  Okay, they won't necessarily be the same,
[46:50.220 --> 46:58.220]  but the feds have been encouraging the states to adopt laws that are consistent.
[46:58.220 --> 47:00.220]  So they have a federal model,
[47:00.220 --> 47:08.220]  and a lot of the states have adopted a general model for statutes,
[47:08.220 --> 47:11.220]  and the model is relatively consistent across the states.
[47:11.220 --> 47:14.220]  So a lot of times you'll read a federal statute
[47:14.220 --> 47:20.220]  or you'll read a statute in one state and then go to another state,
[47:20.220 --> 47:24.220]  and it's almost word for word what's in other states.
[47:24.220 --> 47:30.220]  You're referring to the statutes and ordinances so much as the rules of court specifically,
[47:30.220 --> 47:33.220]  because it seems like they do mimic each other.
[47:33.220 --> 47:35.220]  I'm just wondering if you've known that to maybe be an issue
[47:35.220 --> 47:38.220]  where you would find a federal rule of court and say,
[47:38.220 --> 47:45.220]  wow, that is very different than what I remember having the principle in the state for.
[47:45.220 --> 47:50.220]  The thing about rules of court, they can make the rules of court anything they want to.
[47:50.220 --> 47:57.220]  So if they resemble something else, it's only incidental,
[47:57.220 --> 48:04.220]  and it may well be because they do try to keep these statutes pretty well consistent.
[48:04.220 --> 48:06.220]  But when it comes to rules of court,
[48:06.220 --> 48:12.220]  the individual courts can set their rules any way they choose.
[48:12.220 --> 48:19.220]  So there's no real issue we can raise unless the rule violates constitution.
[48:19.220 --> 48:23.220]  But an inferior state court would still be obligated, I would imagine,
[48:23.220 --> 48:28.220]  to uphold the superior state court rule, right?
[48:28.220 --> 48:29.220]  No.
[48:29.220 --> 48:30.220]  No.
[48:30.220 --> 48:34.220]  Each court will have its own set of rules.
[48:34.220 --> 48:39.220]  Right, but like in my magisterial district court, there's not that many.
[48:39.220 --> 48:41.220]  I could read them all in a half hour.
[48:41.220 --> 48:43.220]  Yeah, and that's all they got.
[48:43.220 --> 48:49.220]  Other districts' rules won't apply to this district.
[48:49.220 --> 48:51.220]  They can't carry them over.
[48:51.220 --> 48:59.220]  Yeah, now don't confuse the rules of the court with like the code of criminal procedure or the rules of evidence,
[48:59.220 --> 49:03.220]  because that's going to remain consistent between all the courts within your state.
[49:03.220 --> 49:06.220]  But the individual court may have its procedure different.
[49:06.220 --> 49:08.220]  It may have its process different.
[49:08.220 --> 49:14.220]  It may have the requirements of how you're to act or the court decorum different than the other courts.
[49:14.220 --> 49:20.220]  But the actual rules of evidence and such, that should not change from court to court.
[49:20.220 --> 49:22.220]  Yeah, that'll be state to state.
[49:22.220 --> 49:26.220]  But each court makes up their own rules, and then they send them to the Supreme Court.
[49:26.220 --> 49:31.220]  Generally, that's the way most of the states I've seen are, unless Pennsylvania is different.
[49:31.220 --> 49:39.220]  They generally send their rules to the Supreme Court and ask the Supreme Court to approve them.
[49:39.220 --> 49:44.220]  So each court can have rules individual to that court.
[49:44.220 --> 49:53.220]  And as far as I know, there's no requirement for consistency other than that it be constitutional,
[49:53.220 --> 49:56.220]  the rules that meet constitutional muster.
[49:56.220 --> 49:57.220]  Gotcha, gotcha.
[49:57.220 --> 49:59.220]  My next question should be pretty quick.
[49:59.220 --> 50:01.220]  I don't know how to even say it.
[50:01.220 --> 50:05.220]  It's probably pretty juvenile, because I messed up another term once.
[50:05.220 --> 50:09.220]  But it's paramateria or paramateria?
[50:09.220 --> 50:11.220]  Paramateria.
[50:11.220 --> 50:15.220]  That means all of it has to fit together.
[50:15.220 --> 50:19.220]  You can't just read one statute by itself.
[50:19.220 --> 50:26.220]  You have to read it in conjunction with the corpus juris, the body of law.
[50:26.220 --> 50:32.220]  When I talk about due process, I'll go from Article 210,
[50:32.220 --> 50:36.220]  which tells the magistrate what his duties are.
[50:36.220 --> 50:40.220]  211 requires him to hold an examining trial.
[50:40.220 --> 50:43.220]  Chapter 16 defines an examining trial.
[50:43.220 --> 50:50.220]  1406 tells them that they're supposed to take someone before a judge for an examining trial.
[50:50.220 --> 50:52.220]  And 1730 tells them what to do at the examining trial.
[50:52.220 --> 50:55.220]  You have to consider all of these together.
[50:55.220 --> 50:58.220]  And that's what paramateria means.
[50:58.220 --> 50:59.220]  Gotcha.
[50:59.220 --> 51:00.220]  Now I get it.
[51:00.220 --> 51:01.220]  As soon as you started explaining, that's great.
[51:01.220 --> 51:04.220]  Thank you very much.
[51:04.220 --> 51:08.220]  Boy, if you guys had more time, I don't know what the call-in list is looking like.
[51:08.220 --> 51:10.220]  I've got the transportation.
[51:10.220 --> 51:11.220]  They did Title 67.
[51:11.220 --> 51:12.220]  I think I said Title 42.
[51:12.220 --> 51:13.220]  That's something else.
[51:13.220 --> 51:15.220]  It says Title 67.
[51:15.220 --> 51:20.220]  And there is nothing that resembles a typical type of passenger car.
[51:20.220 --> 51:21.220]  Or I don't even want to say it.
[51:21.220 --> 51:23.220]  No, they didn't say passenger car.
[51:23.220 --> 51:26.220]  So if we could, I don't have to be apprehensive about saying it.
[51:26.220 --> 51:28.220]  They do or they do not?
[51:28.220 --> 51:29.220]  Do not.
[51:29.220 --> 51:30.220]  Yeah, go ahead.
[51:30.220 --> 51:32.220]  We don't have a lot of people on the call board right now.
[51:32.220 --> 51:35.220]  What do they say if they don't say passenger car?
[51:35.220 --> 51:36.220]  What do they say?
[51:36.220 --> 51:39.220]  The only thing I could find is Chapter 15 that really states it out.
[51:39.220 --> 51:44.220]  And it says authorized vehicles and special operating privileges.
[51:44.220 --> 51:53.220]  And under that, 15.2, types of authorized vehicles, there is seven types.
[51:53.220 --> 51:54.220]  Let me read them.
[51:54.220 --> 51:55.220]  Okay.
[51:55.220 --> 52:01.220]  Well, now, before you do that, what is the context in which this particular section resides?
[52:01.220 --> 52:06.220]  What is the main title of the section you're in?
[52:06.220 --> 52:12.220]  The vehicles enumerated, talking about maybe equipped with one or two flashing or revolving yellow lights.
[52:12.220 --> 52:15.220]  And all of the vehicles.
[52:15.220 --> 52:16.220]  Revolving yellow light.
[52:16.220 --> 52:17.220]  Okay.
[52:17.220 --> 52:22.220]  Are you sure you're not in state vehicles, road equipment or something like that?
[52:22.220 --> 52:23.220]  No.
[52:23.220 --> 52:24.220]  It's right up top there.
[52:24.220 --> 52:27.220]  And I read from down to the bottom.
[52:27.220 --> 52:36.220]  And they do talk about other types like the antiques and the classics and what have you.
[52:36.220 --> 52:37.220]  Right.
[52:37.220 --> 52:42.220]  It's the word authorized that's got me wondering what you're reading.
[52:42.220 --> 52:46.220]  Because authorized would be something that they would have to approve of,
[52:46.220 --> 52:52.220]  which is generally only something over which they have plenary authority or discretionary authority,
[52:52.220 --> 52:56.220]  which would typically mean their own type of motor vehicle.
[52:56.220 --> 53:04.220]  Now, if you can't find specific definitions within your motor vehicle code or your transportation code there,
[53:04.220 --> 53:06.220]  check your administrative code.
[53:06.220 --> 53:09.220]  I found it in Minnesota's administrative code.
[53:09.220 --> 53:10.220]  Look for that phrase.
[53:10.220 --> 53:12.220]  I did.
[53:12.220 --> 53:20.220]  And I tried to find other things, administration, you know, but I didn't get it.
[53:20.220 --> 53:21.220]  Okay.
[53:21.220 --> 53:25.220]  Well, go ahead and read what you got in that list there then.
[53:25.220 --> 53:26.220]  What's that?
[53:26.220 --> 53:30.220]  You said the types of authorized vehicles.
[53:30.220 --> 53:31.220]  Oh, okay.
[53:31.220 --> 53:34.220]  Well, I'm going to go back a couple of pages then.
[53:34.220 --> 53:39.220]  Because I was going to go into the administration one and read you what I defined there.
[53:39.220 --> 53:40.220]  Oh, okay.
[53:40.220 --> 53:41.220]  All right.
[53:41.220 --> 53:43.220]  Whatever order you want to do it, that's fine.
[53:43.220 --> 53:44.220]  Okay.
[53:44.220 --> 53:45.220]  All right.
[53:45.220 --> 53:49.220]  There is travel and subsistence.
[53:49.220 --> 53:52.220]  The dad talks more about like agricultural stuff.
[53:52.220 --> 53:57.220]  There is where it was at automobiles, specific automobiles,
[53:57.220 --> 54:01.220]  and it talks about commonwealth parking facilities.
[54:01.220 --> 54:04.220]  It talks about use of parking facilities.
[54:04.220 --> 54:06.220]  It talks about parking permits.
[54:06.220 --> 54:15.220]  I mean, it doesn't talk about anything that I could imagine needing registration or licensing for.
[54:15.220 --> 54:25.220]  I don't even know what specifically to read because it doesn't even come close to talking about, you know, definitions.
[54:25.220 --> 54:26.220]  Okay.
[54:26.220 --> 54:28.220]  You have the word automobile there, you said, right?
[54:28.220 --> 54:31.220]  Is it specifically automobile that's in the statute?
[54:31.220 --> 54:33.220]  Subpart B, automobiles.
[54:33.220 --> 54:38.220]  And it says commonwealth parking facilities and commonwealth automotive fleet.
[54:38.220 --> 54:39.220]  Okay.
[54:39.220 --> 54:44.220]  And you haven't found a definition for that anywhere.
[54:44.220 --> 54:46.220]  Sure, motor vehicle.
[54:46.220 --> 54:55.220]  Any vehicle propelled by self-contained engines that is licensed to operate on roadways, such as an automobile, truck, van, or motorcycle,
[54:55.220 --> 55:00.220]  the term excludes railway vehicles and motorized vehicles which do not require licenses.
[55:00.220 --> 55:06.220]  The term includes but is not limited to the following, automobiles, commonwealth-owned passenger cars,
[55:06.220 --> 55:12.220]  and station wagons designed for the transportation of human passengers, and commercial vehicles,
[55:12.220 --> 55:19.220]  commonwealth-owned trucks, vans, ambulances, buses, trailers, and other types of vehicles used for highway transportation.
[55:19.220 --> 55:27.220]  And then the Secretary of General Services of the Commonwealth.
[55:27.220 --> 55:28.220]  All right.
[55:28.220 --> 55:33.220]  First thing is see if the term transportation and the terms passenger are defined there.
[55:33.220 --> 55:38.220]  Now, the other question would be is can the commonwealth own an automobile?
[55:38.220 --> 55:43.220]  Well, obviously, because they're codified here, and that's what they're referring to as commonwealth-owned.
[55:43.220 --> 55:44.220]  Exactly.
[55:44.220 --> 55:45.220]  That's what I'm saying.
[55:45.220 --> 55:51.220]  The automobile would be, say, for instance, a supervisor of a particular office or something.
[55:51.220 --> 55:54.220]  They generally will sometimes give them a car for their own use.
[55:54.220 --> 55:55.220]  It's an automobile.
[55:55.220 --> 56:04.220]  But for all intents and purposes, just like here in Texas, it's a motor vehicle owned by a state or political subdivision,
[56:04.220 --> 56:09.220]  which is where the registration requirement comes from.
[56:09.220 --> 56:17.220]  So given that, if it's listed in that context, most likely the term automobile is limited only to when it's owned by the commonwealth
[56:17.220 --> 56:21.220]  in that particular context.
[56:21.220 --> 56:22.220]  All right.
[56:22.220 --> 56:23.220]  That's what I read.
[56:23.220 --> 56:24.220]  That's what it seems like.
[56:24.220 --> 56:28.220]  They're not talking about me and my neighbors as far as, well, some of them actually.
[56:28.220 --> 56:29.220]  Yeah.
[56:29.220 --> 56:33.220]  Well, see, another key factor of what you've got there is when you started reading it,
[56:33.220 --> 56:40.220]  and it said, did it say required to be licensed?
[56:40.220 --> 56:44.220]  You know, after the commonwealth-owned and in the description.
[56:44.220 --> 56:50.220]  No, back at the beginning of what you started with, right after the definition of motor vehicle, blah, blah, blah,
[56:50.220 --> 56:54.220]  any vehicle required to be licensed?
[56:54.220 --> 56:55.220]  No.
[56:55.220 --> 57:01.220]  Not that I see, but I did navigate away, and I went down the page, and I don't want to take up too much of the time,
[57:01.220 --> 57:07.220]  but I wanted to go back to the other transportation-specific code.
[57:07.220 --> 57:08.220]  All right.
[57:08.220 --> 57:16.220]  Because I think it's relevant, and really it talks about nothing that is similar to what is typically on the road
[57:16.220 --> 57:25.220]  or the cars that I work on even talks about.
[57:25.220 --> 57:26.220]  All right.
[57:26.220 --> 57:36.220]  It doesn't even go for operation of vehicles, and it talks about having to be dressed appropriately,
[57:36.220 --> 57:48.220]  talking about uniformed police officers, people regulating traffic, people sending, delivering mail, civil defense.
[57:48.220 --> 57:58.220]  See, everything you're reading appears to deal strictly with things that are controlled by the commonwealth itself.
[57:58.220 --> 58:02.220]  Don't know if I'm ready to exercise my right fully.
[58:02.220 --> 58:03.220]  Boy, oh, boy.
[58:03.220 --> 58:05.220]  You guys are going to break for now.
[58:05.220 --> 58:06.220]  Okay, yeah, we're going to break.
[58:06.220 --> 58:09.220]  You're welcome to hang on the line if you like, and we have George from Texas.
[58:09.220 --> 58:19.220]  After that, the call board is open, so call if you'd like to call in 512-646-1984. We will be right back.
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[01:00:29.220 --> 01:00:54.220]  Okay, we are back, the Rule of Law Radio, Keltan and Deborah Stevens
[01:00:54.220 --> 01:00:58.220]  here on Rule of Law Radio Network.
[01:00:58.220 --> 01:01:00.220]  All right, we've got Eddie Craig with us tonight.
[01:01:00.220 --> 01:01:01.220]  We're answering your questions.
[01:01:01.220 --> 01:01:05.220]  Callers, if you'd like to call in, 512-646-1984.
[01:01:05.220 --> 01:01:08.220]  All right, we are speaking now with Brian.
[01:01:08.220 --> 01:01:10.220]  Okay, Brian, so please continue.
[01:01:10.220 --> 01:01:12.220]  We were going to break when you were talking.
[01:01:12.220 --> 01:01:19.220]  Eddie was saying something about he suspects this section of the code is about their vehicles.
[01:01:19.220 --> 01:01:22.220]  Right, yeah, we were just going over the transportation code.
[01:01:22.220 --> 01:01:26.220]  And by the way, Mr. Eddie Craig, if you were curious, it's very simple.
[01:01:26.220 --> 01:01:30.220]  It's just www.pacode.com.
[01:01:30.220 --> 01:01:34.220]  And it's a very simple site to navigate.
[01:01:34.220 --> 01:01:36.220]  Thank you.
[01:01:36.220 --> 01:01:45.220]  And I'm really just not finding words, definitions that seem to apply to what I would typically speak of.
[01:01:45.220 --> 01:01:48.220]  You know, whatever word I would use, you know, I wouldn't want to make emphasis,
[01:01:48.220 --> 01:01:50.220]  but I'm sure you know what I mean.
[01:01:50.220 --> 01:01:54.220]  Yeah, if you really want to get to the point where you're ready to exercise your rights,
[01:01:54.220 --> 01:01:58.220]  I highly recommend the things that you get your research noted on very carefully.
[01:01:58.220 --> 01:02:00.220]  Deal with the driver's license issue.
[01:02:00.220 --> 01:02:05.220]  Research that section thoroughly and remember to take every rabbit trail it offers you
[01:02:05.220 --> 01:02:08.220]  because some of them lead to real nuggets of good information.
[01:02:08.220 --> 01:02:11.220]  Rank them up into sections.
[01:02:11.220 --> 01:02:12.220]  Get the driver's license.
[01:02:12.220 --> 01:02:13.220]  Get the registration.
[01:02:13.220 --> 01:02:18.220]  Get the inspection and the insurance requirements.
[01:02:18.220 --> 01:02:23.220]  And you'll probably find in Pennsylvania exactly like it is here in Texas.
[01:02:23.220 --> 01:02:26.220]  It's what I refer to as a daisy chain statute.
[01:02:26.220 --> 01:02:31.220]  Without one of the others to hold it up, this one doesn't apply.
[01:02:31.220 --> 01:02:36.220]  For instance, here in Texas, if you can prove you're not required to have a driver's license,
[01:02:36.220 --> 01:02:41.220]  then proof of insurance has to fall because you can't get insurance without a valid driver's license
[01:02:41.220 --> 01:02:45.220]  or a learner's permit for a driver's license.
[01:02:45.220 --> 01:02:50.220]  The inspection and registration has to fall because if you can't register the vehicle,
[01:02:50.220 --> 01:02:52.220]  you cannot get it inspected.
[01:02:52.220 --> 01:02:56.220]  And if it's not a state-owned vehicle with a certificate of title,
[01:02:56.220 --> 01:03:00.220]  it can't be required to be registered because that's the only vehicle in Texas
[01:03:00.220 --> 01:03:02.220]  a certificate of title applies to.
[01:03:02.220 --> 01:03:07.220]  And the certificate of title is mandatory for registration here.
[01:03:07.220 --> 01:03:10.220]  Plus, so is the proof of insurance and so is the driver's license.
[01:03:10.220 --> 01:03:19.220]  So as you can see, they're all joined together like a really bad set of Siamese quads, you know?
[01:03:19.220 --> 01:03:25.220]  So it's really a thing where if you can show that they're all joined together in such a way
[01:03:25.220 --> 01:03:30.220]  that if you are not required to have the one, the rest of them fall by the wayside,
[01:03:30.220 --> 01:03:32.220]  you've got your battle pretty well licked
[01:03:32.220 --> 01:03:37.220]  because it's going to be very hard for them to put Humpty Dumpty together again.
[01:03:37.220 --> 01:03:41.220]  Is that something that takes you to appeals more often than not?
[01:03:41.220 --> 01:03:47.220]  If you can actually do what Dr. Gray suggests and get judicial notice in
[01:03:47.220 --> 01:03:50.220]  to make them recognize the authority of the statute
[01:03:50.220 --> 01:03:55.220]  so that they can't just run you through the court and ignore the law at the same time,
[01:03:55.220 --> 01:04:01.220]  then no, appeals won't have to occur because the judge is bound by the judicial notice
[01:04:01.220 --> 01:04:07.220]  to show that the law is different than what they're presenting it to be in court.
[01:04:07.220 --> 01:04:09.220]  It has a different application.
[01:04:09.220 --> 01:04:13.220]  So subject matter jurisdiction falls by the wayside.
[01:04:13.220 --> 01:04:21.220]  They don't have it because the law addresses one thing and you weren't in that thing.
[01:04:21.220 --> 01:04:24.220]  Very good.
[01:04:24.220 --> 01:04:25.220]  Well, I think we're done.
[01:04:25.220 --> 01:04:26.220]  Thank you all very much.
[01:04:26.220 --> 01:04:28.220]  I'll call in again, I'm sure, but I really appreciate it.
[01:04:28.220 --> 01:04:29.220]  All right.
[01:04:29.220 --> 01:04:31.220]  Thank you, Brian.
[01:04:31.220 --> 01:04:32.220]  Okay.
[01:04:32.220 --> 01:04:35.220]  We are going to go now to George in Texas.
[01:04:35.220 --> 01:04:36.220]  Hey, George.
[01:04:36.220 --> 01:04:37.220]  Thanks for calling in.
[01:04:37.220 --> 01:04:39.220]  What's on your mind tonight?
[01:04:39.220 --> 01:04:42.220]  I ain't got any questions, but, you know, I'm just reading a story.
[01:04:42.220 --> 01:04:45.220]  The St. Pete Times came out May 30th.
[01:04:45.220 --> 01:04:49.220]  I think a listener came on Greg Pound about a few months ago.
[01:04:49.220 --> 01:04:54.220]  He's arrested and he's in jail for what they call aggravated stalking,
[01:04:54.220 --> 01:04:58.220]  domestic violence injunction because he had his kids taken away.
[01:04:58.220 --> 01:05:01.220]  And they put him in jail because he held up a sign
[01:05:01.220 --> 01:05:04.220]  while his kids go on a bus saying, mommy, daddy, still love you.
[01:05:04.220 --> 01:05:09.220]  So they said, they jailed him on a domestic violence injunction.
[01:05:09.220 --> 01:05:11.220]  They released him on ROR.
[01:05:11.220 --> 01:05:16.220]  In a Gestapo tactic, 4 o'clock in the morning, took him back to jail,
[01:05:16.220 --> 01:05:19.220]  and he hasn't been released since.
[01:05:19.220 --> 01:05:20.220]  And it's kind of ironic.
[01:05:20.220 --> 01:05:24.220]  He filed an ethics complaint with Sheriff Jim Coates,
[01:05:24.220 --> 01:05:30.220]  and he's supposed to testify the 14th of this month against the sheriff.
[01:05:30.220 --> 01:05:36.220]  And they're afraid he was going to violate his bond
[01:05:36.220 --> 01:05:39.220]  because he had to go to Tallahassee.
[01:05:39.220 --> 01:05:40.220]  What do you think your take is on it?
[01:05:40.220 --> 01:05:42.220]  Because I don't really think, like you said,
[01:05:42.220 --> 01:05:48.220]  Florida lacks a lot of checks and balances in its system.
[01:05:48.220 --> 01:05:50.220]  Okay.
[01:05:50.220 --> 01:05:53.220]  I missed the first part somehow.
[01:05:53.220 --> 01:05:58.220]  The sheriff is also, okay, both of them are in Florida?
[01:05:58.220 --> 01:05:59.220]  Yes.
[01:05:59.220 --> 01:06:04.220]  So he's not going to have to leave the state, just go from one county to another?
[01:06:04.220 --> 01:06:06.220]  Yes.
[01:06:06.220 --> 01:06:13.220]  And he needs to notice the court he's going to and the court he's coming from,
[01:06:13.220 --> 01:06:20.220]  the one that's holding him to the county and the one he's going to.
[01:06:20.220 --> 01:06:25.220]  So they would have to release him to go testify if he subpoenaed?
[01:06:25.220 --> 01:06:29.220]  Generally, there's a, I forget the name of the warrant,
[01:06:29.220 --> 01:06:36.220]  there's a special kind of warrant, at least in Texas, to get you brought.
[01:06:36.220 --> 01:06:37.220]  A warrant?
[01:06:37.220 --> 01:06:39.220]  No.
[01:06:39.220 --> 01:06:41.220]  I'll think of it in a minute.
[01:06:41.220 --> 01:06:47.220]  But there's a special warrant to get someone who's in jail brought before the court.
[01:06:47.220 --> 01:06:53.220]  There are provisions in place for that because it happens a lot.
[01:06:53.220 --> 01:07:00.220]  A lot of the guys in jail have legal issues to deal with in other places.
[01:07:00.220 --> 01:07:10.220]  So all he needs to do is ask the court or tribunal that needs his testimony
[01:07:10.220 --> 01:07:18.220]  to petition for a warrant to bring him to the court.
[01:07:18.220 --> 01:07:26.220]  Like I said, you said it over the air, Florida lacks a lot of checks and balances in its system.
[01:07:26.220 --> 01:07:35.220]  Yeah, I'm thinking that Florida is about the second most corrupt state in the U.S.
[01:07:35.220 --> 01:07:43.220]  Right now my opinion is that Minnesota is the worst, but Florida is a close second.
[01:07:43.220 --> 01:07:46.220]  So yeah, he can have a problem.
[01:07:46.220 --> 01:07:50.220]  Yeah, it's just the thing is, like I said, they're trumping up charges,
[01:07:50.220 --> 01:07:54.220]  and it's just like domestic violence injunction.
[01:07:54.220 --> 01:07:56.220]  He's never been convicted for domestic violence.
[01:07:56.220 --> 01:08:01.220]  But like I say, when you deal with the child kidnapping, with child protective services,
[01:08:01.220 --> 01:08:05.220]  especially in Florida, they'll drum up everything.
[01:08:05.220 --> 01:08:07.220]  That's what I've heard about Florida.
[01:08:07.220 --> 01:08:13.220]  Yeah, they learned wealth from Janet Reno during that raid.
[01:08:13.220 --> 01:08:16.220]  The thing is, Janet Reno, I heard down in Miami, boy,
[01:08:16.220 --> 01:08:20.220]  she knows how to drum up abuse charges on her political enemies.
[01:08:20.220 --> 01:08:22.220]  I'll tell you that right now.
[01:08:22.220 --> 01:08:28.220]  I hear stories about her when she was VA down in Dade County.
[01:08:28.220 --> 01:08:29.220]  Dade County.
[01:08:29.220 --> 01:08:31.220]  Yeah.
[01:08:31.220 --> 01:08:36.220]  I've been in jail in Dade County.
[01:08:36.220 --> 01:08:43.220]  It was, when I was there in the military, stationed Homestead Air Base,
[01:08:43.220 --> 01:08:48.220]  Dade County was really a place you did not want to go,
[01:08:48.220 --> 01:08:52.220]  because the police down there were really a problem.
[01:08:52.220 --> 01:08:59.220]  I don't know how they are now, but at the time, Dade County was a tough place.
[01:08:59.220 --> 01:09:05.220]  I ran a Dade County Sheriff's Deputy off the road.
[01:09:05.220 --> 01:09:06.220]  It wasn't my fault.
[01:09:06.220 --> 01:09:11.220]  The road was rough, and the inside of the corn turned, so I held out a little bit.
[01:09:11.220 --> 01:09:17.220]  He thought I wasn't going to move over, and he kind of run off the road out into a field.
[01:09:17.220 --> 01:09:22.220]  Then he threw me in jail.
[01:09:22.220 --> 01:09:27.220]  I reiterate, as the founding fathers would have actually done this,
[01:09:27.220 --> 01:09:31.220]  I still think most of our problems in the U.S. can still be solved
[01:09:31.220 --> 01:09:34.220]  with a tall tree and a short rope.
[01:09:34.220 --> 01:09:36.220]  I got one more question.
[01:09:36.220 --> 01:09:41.220]  One of the police officers, a local corporate keystone cop, sat there and said,
[01:09:41.220 --> 01:09:44.220]  and I just told him, he goes, I'll write you a ticket.
[01:09:44.220 --> 01:09:51.220]  I said, once I get past the city limits, you can't write a ticket.
[01:09:51.220 --> 01:09:58.220]  He goes, I'm certified to write a ticket anywhere in the state of Texas and all that stuff.
[01:09:58.220 --> 01:10:00.220]  He is now.
[01:10:00.220 --> 01:10:04.220]  Yeah, well, the county deputy, I asked him, one of the commanders, he's like,
[01:10:04.220 --> 01:10:09.220]  well, I said, we don't allow that unless it's felonies.
[01:10:09.220 --> 01:10:16.220]  For a minor traffic violation, they don't allow them to go past the city limits.
[01:10:16.220 --> 01:10:20.220]  Randy, I thought the rules had been changed to where they could make an arrest
[01:10:20.220 --> 01:10:28.220]  anywhere within the state, but their jurisdiction for writing citations is still limited to their own.
[01:10:28.220 --> 01:10:32.220]  Well, a citation is an arrest.
[01:10:32.220 --> 01:10:36.220]  If they tell you you're under arrest.
[01:10:36.220 --> 01:10:38.220]  Well, it is, whether they tell you or not.
[01:10:38.220 --> 01:10:42.220]  I mean, they're required to tell you, but it's an arrest anyway.
[01:10:42.220 --> 01:10:50.220]  So I didn't hear anything that separated out traffic from everything else.
[01:10:50.220 --> 01:10:53.220]  So I still think they can.
[01:10:53.220 --> 01:10:57.220]  But the sheriff does have the discretion to put limitations on that.
[01:10:57.220 --> 01:11:00.220]  On his deputies, yes.
[01:11:00.220 --> 01:11:03.220]  But even on city police, he can too.
[01:11:03.220 --> 01:11:05.220]  No.
[01:11:05.220 --> 01:11:15.220]  If the city police have a statutory jurisdiction, the sheriff doesn't have anything to say about it.
[01:11:15.220 --> 01:11:24.220]  He can tell his officers what to do, but he can't tell officers from a separate jurisdiction what to do.
[01:11:24.220 --> 01:11:25.220]  Okay.
[01:11:25.220 --> 01:11:27.220]  Well, anyway, I'll let you make room for other callers.
[01:11:27.220 --> 01:11:28.220]  Thank you.
[01:11:28.220 --> 01:11:29.220]  All right.
[01:11:29.220 --> 01:11:31.220]  Thanks, George.
[01:11:31.220 --> 01:11:32.220]  Okay.
[01:11:32.220 --> 01:11:34.220]  We're going to go now to Aaron in Texas.
[01:11:34.220 --> 01:11:36.220]  Hey, Aaron, thanks for calling in.
[01:11:36.220 --> 01:11:38.220]  What's on your mind tonight?
[01:11:38.220 --> 01:11:45.220]  Well, I've been arguing with people about this, you know, red light camera, my favorite subject.
[01:11:45.220 --> 01:11:51.220]  And somebody brought up the fact that parking tickets are civil in nature as well.
[01:11:51.220 --> 01:11:54.220]  And I said, no, that can't be.
[01:11:54.220 --> 01:12:00.220]  And lo and behold, I go and look in the city ordinances and what do I find?
[01:12:00.220 --> 01:12:06.220]  But parking tickets are civil violations.
[01:12:06.220 --> 01:12:12.220]  And they levy city penalties in the same way that they do for these red light cameras,
[01:12:12.220 --> 01:12:20.220]  meaning that they're what do you call it, civil penalty, which is kind of a fabricated word,
[01:12:20.220 --> 01:12:25.220]  because it's not a civil judgment and it's not a tort and it's not contractual.
[01:12:25.220 --> 01:12:33.220]  But I was just wondering your thoughts on this subject.
[01:12:33.220 --> 01:12:36.220]  I have for a long time had a problem with traffic citation.
[01:12:36.220 --> 01:12:44.220]  I mean, parking tickets, because that, again, is a crime by ownership.
[01:12:44.220 --> 01:12:55.220]  Unless they saw me park in the wrong place or I was sitting in the car when the meter ran out,
[01:12:55.220 --> 01:13:02.220]  how do they write me a citation to actually ticket the car itself?
[01:13:02.220 --> 01:13:05.220]  You'll actually like this, Aaron.
[01:13:05.220 --> 01:13:18.220]  Let me tell you what Boudier says a penalty is.
[01:13:18.220 --> 01:13:20.220]  Penal statutes, penalty.
[01:13:20.220 --> 01:13:22.220]  All right.
[01:13:22.220 --> 01:13:30.220]  Penalty, a clause in an agreement by which the obliger agrees a certain sum of money
[01:13:30.220 --> 01:13:41.220]  or agrees to pay a certain sum of money if he shall fail to fulfill the contract contained in another clause of the same agreement.
[01:13:41.220 --> 01:13:45.220]  A penal clause in an agreement supposes two obligations,
[01:13:45.220 --> 01:13:51.220]  one of which is the primitive or principal and the other is conditional or accessory.
[01:13:51.220 --> 01:13:57.220]  The penal obligation differs from an alternative obligation, for this is but one in its essence.
[01:13:57.220 --> 01:14:03.220]  Now, we know that a penal obligation is not civil.
[01:14:03.220 --> 01:14:10.220]  So the only one here that addresses civil is for a contract or an agreement.
[01:14:10.220 --> 01:14:16.220]  Did you sign an agreement or make a contract by using the parking spot?
[01:14:16.220 --> 01:14:21.220]  I did not.
[01:14:21.220 --> 01:14:31.220]  So if you're going by their own set of rules here on what these terms mean, because penalty is not defined within our statutes
[01:14:31.220 --> 01:14:38.220]  as far as the civil is concerned that I have found and I've looked, but that doesn't mean I couldn't have missed it.
[01:14:38.220 --> 01:14:44.220]  But under Boudier's, that's what the definition of penalty is, is that it's a term used in an agreement or contract.
[01:14:44.220 --> 01:14:52.220]  It is defined associated with violation of an agreement or contract.
[01:14:52.220 --> 01:14:54.220]  All right.
[01:14:54.220 --> 01:14:56.220]  All right, I like that.
[01:14:56.220 --> 01:15:06.220]  That gives me a little more ammunition with regard to judicial notice and the fact that civil penalties are made up terms
[01:15:06.220 --> 01:15:11.220]  that jump to a civil judgment without a court, without a trial, I mean.
[01:15:11.220 --> 01:15:12.220]  Right.
[01:15:12.220 --> 01:15:19.220]  What I don't like is that a lot of the wording surrounding these parking, I don't know what you call ordinances,
[01:15:19.220 --> 01:15:22.220]  is very similar to that in the red light camera ordinances.
[01:15:22.220 --> 01:15:29.220]  Now, of course, there's differences in motor vehicle and automobile and things like that.
[01:15:29.220 --> 01:15:38.220]  But there's, again, going back to what Randy said, the registered owner of the vehicle is considered liable
[01:15:38.220 --> 01:15:47.220]  and that's in the ordinances and things about civil and late penalties and things such as that.
[01:15:47.220 --> 01:15:52.220]  And there's no, you were touching on it earlier, no courts of record here in Texas.
[01:15:52.220 --> 01:15:54.220]  I think that was on the previous show, though.
[01:15:54.220 --> 01:15:55.220]  Yes.
[01:15:55.220 --> 01:15:56.220]  So that makes it more difficult.
[01:15:56.220 --> 01:16:03.220]  Fortunately, there's one provision that is not included in this that is included in the red light cameras,
[01:16:03.220 --> 01:16:08.220]  and that is the wonder of exclusive appellate jurisdiction.
[01:16:08.220 --> 01:16:11.220]  So I'm happy that that's not in there, at least.
[01:16:11.220 --> 01:16:15.220]  We can appeal a parking ticket beyond the municipal court.
[01:16:15.220 --> 01:16:19.220]  But all right, I appreciate your time, guys.
[01:16:19.220 --> 01:16:20.220]  Yes, sir.
[01:16:20.220 --> 01:16:21.220]  All right.
[01:16:21.220 --> 01:16:22.220]  Thanks, Aaron.
[01:16:22.220 --> 01:16:24.220]  Okay, we're going to break.
[01:16:24.220 --> 01:16:27.220]  Aaron, did you have anything else for us?
[01:16:27.220 --> 01:16:29.220]  No, not unless you have any more thoughts.
[01:16:29.220 --> 01:16:30.220]  Okay.
[01:16:30.220 --> 01:16:31.220]  All right.
[01:16:31.220 --> 01:16:34.220]  Well, thank you for calling in.
[01:16:34.220 --> 01:16:39.220]  All right, and we're going to go to Lewis in Arkansas when we get back on the other side,
[01:16:39.220 --> 01:16:41.220]  and also Rick from California.
[01:16:41.220 --> 01:16:47.220]  Callers, if you'd like to call in 512-646-1984, we will be right back.
[01:16:47.220 --> 01:16:51.220]  This is the rule of law.
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[01:17:57.220 --> 01:18:01.220]  Music
[01:18:01.220 --> 01:18:07.220]  Ain't gonna blame me
[01:18:07.220 --> 01:18:13.220]  Don't blame me
[01:18:13.220 --> 01:18:17.220]  Well
[01:18:17.220 --> 01:18:22.220]  Ain't gonna fool me with the same old things again
[01:18:22.220 --> 01:18:27.220]  I was blindsided but now I can see your hand
[01:18:27.220 --> 01:18:30.220]  You put the fear in my pocket
[01:18:30.220 --> 01:18:32.220]  Took the money from my hand
[01:18:32.220 --> 01:18:41.220]  Ain't gonna fool me with the same old trick again
[01:18:41.220 --> 01:18:50.220]  Ain't gonna fool me
[01:18:50.220 --> 01:18:54.220]  Okay, not gonna fool us with the same old tricks again.
[01:18:54.220 --> 01:18:57.220]  This is the rule of law, Randy Kelton and Deborah Stevens.
[01:18:57.220 --> 01:19:04.220]  We are here with Eddie Craig and we do still have Aaron on the line here.
[01:19:04.220 --> 01:19:09.220]  Okay, Aaron, you were about to, we were talking to you on the break and you were about to read us something.
[01:19:09.220 --> 01:19:11.220]  Please go ahead.
[01:19:11.220 --> 01:19:25.220]  Well, from the, we were talking about the presumption of owner versus operator and a presumption of liability with regard to these citations or civil violation, civil penalties.
[01:19:25.220 --> 01:19:35.220]  And it says, except it's provided in subsection B, the registered owner and the operator of a vehicle, when not the same, are both liable to the city for parking violation charge.
[01:19:35.220 --> 01:19:42.220]  Except that the registered owner is not liable if the owner can prove the vehicle was operated without the owner's express or implied consent.
[01:19:42.220 --> 01:19:49.220]  Payment of the civil fine costs and fees by either the owner or operator is the final disposition of the charge violation.
[01:19:49.220 --> 01:19:58.220]  So I just wanted to throw that out there and say they stick it to the owner and the operator basically covering all bases.
[01:19:58.220 --> 01:20:03.220]  Ah, but see, they've also thrown an extra word in there, registered owner.
[01:20:03.220 --> 01:20:07.220]  If you're not required to register, then what?
[01:20:07.220 --> 01:20:10.220]  Well, then I'm still the operator.
[01:20:10.220 --> 01:20:13.220]  No, you're not an operator.
[01:20:13.220 --> 01:20:20.220]  If you're not required to register it, then it cannot be a motor vehicle because a motor vehicle must be registered.
[01:20:20.220 --> 01:20:23.220]  Then you can be an operator.
[01:20:23.220 --> 01:20:31.220]  I see.
[01:20:31.220 --> 01:20:33.220]  All right, that's back to the daisy chain side.
[01:20:33.220 --> 01:20:38.220]  You can't be an operator unless you are in a motor vehicle.
[01:20:38.220 --> 01:20:40.220]  All right.
[01:20:40.220 --> 01:20:42.220]  Well, I don't have a motor vehicle.
[01:20:42.220 --> 01:20:44.220]  Exactly.
[01:20:44.220 --> 01:20:45.220]  What a shame.
[01:20:45.220 --> 01:20:51.220]  So you can't be a registered owner because that's not a requirement.
[01:20:51.220 --> 01:20:57.220]  Well, what if I am a registered owner and that's not the battle I've chosen to fight?
[01:20:57.220 --> 01:21:04.220]  Well, then I guess you're stuck with the traffic ticket unless you can prove one of the other points that breaks the elements.
[01:21:04.220 --> 01:21:05.220]  There you go.
[01:21:05.220 --> 01:21:07.220]  I lose rights by registering.
[01:21:07.220 --> 01:21:09.220]  There you go.
[01:21:09.220 --> 01:21:11.220]  Darn contract.
[01:21:11.220 --> 01:21:12.220]  All right, thank you, guys.
[01:21:12.220 --> 01:21:13.220]  I appreciate it.
[01:21:13.220 --> 01:21:14.220]  Yes, sir.
[01:21:14.220 --> 01:21:16.220]  All right, thanks, Aaron.
[01:21:16.220 --> 01:21:21.220]  Okay, we're going to go now to Lewis in Arkansas.
[01:21:21.220 --> 01:21:22.220]  Hey, Lewis, thanks for calling in.
[01:21:22.220 --> 01:21:24.220]  What's on your mind tonight?
[01:21:24.220 --> 01:21:29.220]  Well, I was hoping I could answer a couple more questions concerning the grand jury there.
[01:21:29.220 --> 01:21:34.220]  I'm for sure going to study everything that you said, but if you don't mind,
[01:21:34.220 --> 01:21:42.220]  do I have to prove my point to the grand jury or how does that work exactly?
[01:21:42.220 --> 01:21:46.220]  You effectively have to convince a grand jury.
[01:21:46.220 --> 01:21:52.220]  And I'm going to tell you, when you're going after public officials, it's an uphill climb.
[01:21:52.220 --> 01:21:54.220]  This doesn't go to law.
[01:21:54.220 --> 01:21:58.220]  It goes to the nature of the human animal.
[01:21:58.220 --> 01:22:05.220]  For the most part on grand juries, you're going to get people who are pretty far right.
[01:22:05.220 --> 01:22:14.220]  Older people, they're more mature, they're more settled, and they're more comfortable in the world.
[01:22:14.220 --> 01:22:22.220]  So if you come along and demonstrate to them that those public officials that they've come to trust
[01:22:22.220 --> 01:22:29.220]  and have faith in are really no good rotten scoundrels, that's a pretty big hump to overcome.
[01:22:29.220 --> 01:22:33.220]  In order to get them indicted, you have to do that.
[01:22:33.220 --> 01:22:37.220]  So it's a hard hill to climb.
[01:22:37.220 --> 01:22:43.220]  And that's why I say that the most important thing is getting there.
[01:22:43.220 --> 01:22:53.220]  If you expect the grand jury to indict someone just because you've got the goods on them,
[01:22:53.220 --> 01:23:00.220]  you may be disappointed because clearly a grand jury can do whatever it wants to.
[01:23:00.220 --> 01:23:04.220]  And I would before a grand jury and ask them to indict the district attorney
[01:23:04.220 --> 01:23:10.220]  and all the judges of the Court of Criminal Appeals, and I had them dead bang.
[01:23:10.220 --> 01:23:13.220]  And they refused.
[01:23:13.220 --> 01:23:21.220]  But then again, Steve Fritz went before them and asked them to indict a couple of sheriff's deputies, and they did.
[01:23:21.220 --> 01:23:29.220]  So it's just a matter of, you know, it's what the district attorney, my district attorney in Wise County said,
[01:23:29.220 --> 01:23:34.220]  is those darn grand jurors, you never know what they're going to do.
[01:23:34.220 --> 01:23:36.220]  And that's what we deal with.
[01:23:36.220 --> 01:23:42.220]  On the one hand, you know, we may not get an indictment when an indictment is called for.
[01:23:42.220 --> 01:23:48.220]  But on the other, those public officials never know what a grand jury is going to do.
[01:23:48.220 --> 01:23:54.220]  So it becomes like playing Russian roulette.
[01:23:54.220 --> 01:24:01.220]  And the officials always know it, so it's a very powerful tool for influencing them to do it right,
[01:24:01.220 --> 01:24:04.220]  whether you actually get them nailed or not.
[01:24:04.220 --> 01:24:12.220]  But so that's why I say it's more important making grand jury noises than if you actually get there,
[01:24:12.220 --> 01:24:20.220]  because anybody who interferes with you is looking at the prospect of having to answer themselves.
[01:24:20.220 --> 01:24:25.220]  So, you know, this gets to be really treacherous ground for everybody.
[01:24:25.220 --> 01:24:31.220]  But when you get in before them, yes, you absolutely have to convince them.
[01:24:31.220 --> 01:24:35.220]  Lewis, you're in Arkansas, correct?
[01:24:35.220 --> 01:24:38.220]  If it's all right with Randy, if you'll send me an e-mail,
[01:24:38.220 --> 01:24:45.220]  I will send you a couple examples of how I've written the criminal complaints that I've done to show you that
[01:24:45.220 --> 01:24:49.220]  what I've determined would probably be the easiest way to get the grand jury to understand
[01:24:49.220 --> 01:24:56.220]  that there has been an actual violation of law here by this person, and here's the law.
[01:24:56.220 --> 01:24:59.220]  I can send you a couple of examples of what I've got,
[01:24:59.220 --> 01:25:05.220]  and all you need to do is just check and see what form a complaint in Arkansas is required and adapt it to that.
[01:25:05.220 --> 01:25:10.220]  And if you'll set it up the same way, you may stand a good chance of doing it.
[01:25:10.220 --> 01:25:11.220]  Okay.
[01:25:11.220 --> 01:25:20.220]  It will be all right with me on one condition, that you send them a copy to me and authorize me to plagiarize your work.
[01:25:20.220 --> 01:25:25.220]  I haven't actually sent you ever a complaint I've done, Randy.
[01:25:25.220 --> 01:25:30.220]  Excuse me, but couldn't, because of the jury being prejudiced, I mean,
[01:25:30.220 --> 01:25:34.220]  from obviously working with the guy before, couldn't I have them assign me a new one,
[01:25:34.220 --> 01:25:37.220]  and would I have time to do that by the 12th of August?
[01:25:37.220 --> 01:25:41.220]  Are you talking about the prosecutor being prejudiced or a grand jury member?
[01:25:41.220 --> 01:25:45.220]  The grand jury member from having already worked with these judges,
[01:25:45.220 --> 01:25:49.220]  and couldn't I get them to go outside my county or state or whatever?
[01:25:49.220 --> 01:25:59.220]  No, no. What you can do is petition the local district court to impanel a special investigative grand jury
[01:25:59.220 --> 01:26:04.220]  to investigate into your complaints against the district attorney,
[01:26:04.220 --> 01:26:12.220]  since the existing district attorney is compromised by exposure to the prosecuting attorney.
[01:26:12.220 --> 01:26:23.220]  And then ask the court to file a motion for an attorney pro tem to prosecute the prosecutor.
[01:26:23.220 --> 01:26:31.220]  Now, they probably won't do that, but that would be a great thing to beat them up with.
[01:26:31.220 --> 01:26:36.220]  And when the judge refuses, you appeal the judge's opinion.
[01:26:36.220 --> 01:26:42.220]  So you wind up getting it out of the local courts, into the higher courts.
[01:26:42.220 --> 01:26:48.220]  And you've got this prosecutor down here, you've got everybody looking at him, him or her,
[01:26:48.220 --> 01:26:55.220]  and people looking at him who can end his career.
[01:26:55.220 --> 01:27:06.220]  I don't always expect to get an indictment, but I do always give them a lot of grief.
[01:27:06.220 --> 01:27:11.220]  So does that make sense?
[01:27:11.220 --> 01:27:13.220]  I like that.
[01:27:13.220 --> 01:27:20.220]  I think I'm kind of running on, but if you expect one thing to work, you'll often be disappointed.
[01:27:20.220 --> 01:27:29.220]  So it's good to set this up so that each thing you do gives you something else you can do.
[01:27:29.220 --> 01:27:35.220]  So a public official does something that he thinks is not terribly a big deal,
[01:27:35.220 --> 01:27:40.220]  and all of a sudden this thing begins to get out of hand.
[01:27:40.220 --> 01:27:45.220]  This no-good rascal, everything we do, he comes back and nails us with something else,
[01:27:45.220 --> 01:27:50.220]  and it appears to get worse, so it's like a boil.
[01:27:50.220 --> 01:27:52.220]  It just keeps growing and growing.
[01:27:52.220 --> 01:27:58.220]  Everything I do makes it worse.
[01:27:58.220 --> 01:28:02.220]  Bruce, let me give you the email address so you can send me an email,
[01:28:02.220 --> 01:28:04.220]  and I will reply back with some of those copies.
[01:28:04.220 --> 01:28:05.220]  Thank you.
[01:28:05.220 --> 01:28:18.220]  Just send it to ranger, R-A-N-G-E-R, the letter X, the number 6, the number 4, at gmail.com.
[01:28:18.220 --> 01:28:20.220]  I'll get that right out to you.
[01:28:20.220 --> 01:28:21.220]  All right, sir.
[01:28:21.220 --> 01:28:23.220]  All right, thank you, Lewis.
[01:28:23.220 --> 01:28:26.220]  Okay, we're going to go now to Chris Emory in Oklahoma City.
[01:28:26.220 --> 01:28:28.220]  He's one of our hosts on this network.
[01:28:28.220 --> 01:28:30.220]  His show is on Wednesday evenings from 8 to 10.
[01:28:30.220 --> 01:28:31.220]  Hey, Chris, thanks for calling in.
[01:28:31.220 --> 01:28:32.220]  What's on your mind tonight?
[01:28:32.220 --> 01:28:37.220]  Hey, guys, I've changed gears a little bit on subject matter.
[01:28:37.220 --> 01:28:42.220]  The police officer you're well aware of that was murdered here several years ago,
[01:28:42.220 --> 01:28:46.220]  we've got an attorney that has actually agreed to come forward,
[01:28:46.220 --> 01:28:51.220]  and this is regarding the exhumation of his body.
[01:28:51.220 --> 01:28:52.220]  Who you talking about?
[01:28:52.220 --> 01:28:53.220]  What police?
[01:28:53.220 --> 01:28:54.220]  Is this Terry Yickey?
[01:28:54.220 --> 01:28:56.220]  Well, I'd rather keep it confidential.
[01:28:56.220 --> 01:28:57.220]  Oh, okay.
[01:28:57.220 --> 01:28:58.220]  All right, go ahead.
[01:28:58.220 --> 01:29:03.220]  But anyway, just needed to get some advice on, it was actually committed,
[01:29:03.220 --> 01:29:07.220]  the murder was committed outside of Oklahoma County, a neighboring county,
[01:29:07.220 --> 01:29:10.220]  and I'm going to keep that confidential, too.
[01:29:10.220 --> 01:29:14.220]  There are some of you who have listened to this that rather not give all the information out to.
[01:29:14.220 --> 01:29:17.220]  You guys are more than familiar with the case.
[01:29:17.220 --> 01:29:21.220]  Approaching the judge to get an exhumation of the body,
[01:29:21.220 --> 01:29:26.220]  that would have to be petitioned by the family member, is that correct?
[01:29:26.220 --> 01:29:28.220]  We're going to hold it over on the other side.
[01:29:28.220 --> 01:29:31.220]  Yeah, hold on over to the other side, Chris.
[01:29:31.220 --> 01:29:35.220]  We've also got Rick and Brian have called back in.
[01:29:35.220 --> 01:29:39.220]  Callers have got half an hour left, so yeah, hang on the line, Chris,
[01:29:39.220 --> 01:29:40.220]  and we'll talk about this on the other side.
[01:29:40.220 --> 01:29:41.220]  Okay.
[01:29:41.220 --> 01:29:46.220]  Okay, this is Rule of Law Randy Kelton and Deborah Stevens here on ruleoflawradio.com.
[01:29:46.220 --> 01:29:56.220]  We'll be right back.
[01:30:16.220 --> 01:30:26.220]  We'll be right back.
[01:30:46.220 --> 01:30:52.220]  Roberts and Roberts Brokerage, 800-874-9760.
[01:31:16.220 --> 01:31:19.220]  We'll be right back.
[01:31:46.220 --> 01:31:56.220]  Okay, we don't want no chip, no chips in a wee, in the little baby.
[01:31:56.220 --> 01:31:59.220]  They want to chip everybody and everything.
[01:31:59.220 --> 01:32:01.220]  We're not going to stand for it.
[01:32:01.220 --> 01:32:04.220]  Okay, we're talking to Chris Emory right now.
[01:32:04.220 --> 01:32:07.220]  Okay, so go ahead, Chris, please finish.
[01:32:07.220 --> 01:32:11.220]  Well, I don't know if this is within your realm of expertise.
[01:32:11.220 --> 01:32:14.220]  I know you guys cover a pretty wide range of topics.
[01:32:14.220 --> 01:32:17.220]  So just to get some advice,
[01:32:17.220 --> 01:32:21.220]  the attorney that we were able to retain has finally agreed to come forward
[01:32:21.220 --> 01:32:24.220]  and help, wanted to see if you've dealt with this before,
[01:32:24.220 --> 01:32:30.220]  just a matter of petitioning the judge in the county where the murder was
[01:32:30.220 --> 01:32:32.220]  and, of course, where he's buried now.
[01:32:32.220 --> 01:32:36.220]  The murder and the burial is about more than five miles from each other.
[01:32:36.220 --> 01:32:40.220]  So anyway, the first step would be to petition the judge.
[01:32:40.220 --> 01:32:43.220]  And are you familiar with that process at all?
[01:32:43.220 --> 01:32:46.220]  Could you give me any advice?
[01:32:46.220 --> 01:32:49.220]  I have no direct knowledge of it,
[01:32:49.220 --> 01:32:58.220]  but I'm relatively certain that the judge does not need anyone's permission.
[01:32:58.220 --> 01:33:03.220]  He can, based on probable cause, order the exhumation.
[01:33:03.220 --> 01:33:06.220]  Of all I've ever heard about that sort of thing,
[01:33:06.220 --> 01:33:08.220]  I've never heard about the family needing their,
[01:33:08.220 --> 01:33:11.220]  about anyone needing the family's permission.
[01:33:11.220 --> 01:33:13.220]  Okay.
[01:33:13.220 --> 01:33:15.220]  And it's a very sensitive subject.
[01:33:15.220 --> 01:33:18.220]  I've approached a retired U.S. District judge,
[01:33:18.220 --> 01:33:23.220]  and he's now in private law practice in a town about 90 miles south of here.
[01:33:23.220 --> 01:33:25.220]  They have an office also in Oklahoma City.
[01:33:25.220 --> 01:33:27.220]  He refused to take the case.
[01:33:27.220 --> 01:33:30.220]  There have been three attorneys that I've approached over the last four and a half years.
[01:33:30.220 --> 01:33:33.220]  They looked at me like deer in the headlights, and it's like, what, are you crazy?
[01:33:33.220 --> 01:33:36.220]  I mean, that's how sensitive this case still is to this day.
[01:33:36.220 --> 01:33:40.220]  And I know for a fact that the mother had retained two lawyers.
[01:33:40.220 --> 01:33:43.220]  One was actually stopped by authorities on the side of the road.
[01:33:43.220 --> 01:33:46.220]  They took everything out of his car except the spare tire and the owner's manual,
[01:33:46.220 --> 01:33:48.220]  and they sent him on his way.
[01:33:48.220 --> 01:33:52.220]  So obviously there's something on this case that does not,
[01:33:52.220 --> 01:33:55.220]  that the authorities do not want to see the light of day on,
[01:33:55.220 --> 01:33:57.220]  and we're going to pursue ahead on this.
[01:33:57.220 --> 01:34:02.220]  So I appreciate your time, guys, and I'll keep you posted on the download on this, okay?
[01:34:02.220 --> 01:34:03.220]  Thank you.
[01:34:03.220 --> 01:34:04.220]  All right.
[01:34:04.220 --> 01:34:05.220]  Thank you, Chris.
[01:34:05.220 --> 01:34:06.220]  All right.
[01:34:06.220 --> 01:34:07.220]  Talk to you later.
[01:34:07.220 --> 01:34:08.220]  Okay.
[01:34:07.220 --> 01:34:08.220]  Keep up the good work, guys.
[01:34:08.220 --> 01:34:09.220]  You too.
[01:34:09.220 --> 01:34:12.220]  We're going to go now to Sarah in Texas.
[01:34:12.220 --> 01:34:13.220]  So she's a first-time caller.
[01:34:13.220 --> 01:34:15.220]  Sarah, you first-time caller?
[01:34:15.220 --> 01:34:16.220]  That's right.
[01:34:16.220 --> 01:34:17.220]  Thanks for calling in.
[01:34:17.220 --> 01:34:19.220]  What's on your mind tonight?
[01:34:19.220 --> 01:34:24.220]  I'm going through a divorce, and my husband racked up $100,000 in debt.
[01:34:24.220 --> 01:34:28.220]  It's his, not mine, and I want to be sure no one comes after me for it.
[01:34:28.220 --> 01:34:31.220]  What do I do?
[01:34:31.220 --> 01:34:37.220]  Well, was the debt racked up on a credit card that was in both of your names
[01:34:37.220 --> 01:34:43.220]  or just your name or just his name, or how was this debt accrued?
[01:34:43.220 --> 01:34:47.220]  Just his name is on the stuff that he racked up.
[01:34:47.220 --> 01:34:48.220]  Then I don't...
[01:34:48.220 --> 01:34:52.220]  A credit card on a credit, his bank account.
[01:34:52.220 --> 01:35:00.220]  And you never signed as a responsible party on any of those documents that formed the account?
[01:35:00.220 --> 01:35:01.220]  Correct.
[01:35:01.220 --> 01:35:05.220]  I don't think that they would have any grounds to go after you.
[01:35:05.220 --> 01:35:08.220]  Did you use the credit card at all?
[01:35:08.220 --> 01:35:10.220]  No.
[01:35:10.220 --> 01:35:11.220]  Good.
[01:35:11.220 --> 01:35:16.220]  I don't think it would matter if she did because she's not the responsible party.
[01:35:16.220 --> 01:35:20.220]  This is what I've seen them do here in my hometown when something like that occurs.
[01:35:20.220 --> 01:35:25.220]  Generally what the person that doesn't want to be responsible for the debt does is they run an ad in the paper
[01:35:25.220 --> 01:35:33.220]  for three consecutive weekends that says their full name is responsible for no debts other than their own,
[01:35:33.220 --> 01:35:36.220]  and they also post it in the post office.
[01:35:36.220 --> 01:35:44.220]  And generally that removes liability as long as they haven't signed any of the paperwork.
[01:35:44.220 --> 01:35:45.220]  Okay.
[01:35:45.220 --> 01:35:47.220]  What does that ad need to say?
[01:35:47.220 --> 01:35:55.220]  Just what I said, your full name is responsible for no debts other than my own.
[01:35:55.220 --> 01:36:03.220]  You will look in the classifieds, you will find the section with a number of those ads already in there.
[01:36:03.220 --> 01:36:10.220]  And if you call the newspaper and tell them what it is, they will be very familiar with that particular ad.
[01:36:10.220 --> 01:36:16.220]  Yeah, and if you hang on for just a moment, my assistant producer says that there's law addressing this specific issue
[01:36:16.220 --> 01:36:23.220]  and that there is something on the books already concerning people running up debts near the end of a relationship
[01:36:23.220 --> 01:36:28.220]  or end of a marriage like that and trying to pin it on the other person.
[01:36:28.220 --> 01:36:29.220]  Okay.
[01:36:29.220 --> 01:36:31.220]  So yeah, just hang on for a minute.
[01:36:31.220 --> 01:36:40.220]  But yeah, I mean, you could probably do the same thing with maybe a Web site to file something in the public record.
[01:36:40.220 --> 01:36:42.220]  All it says is it's got to be public notice.
[01:36:42.220 --> 01:36:44.220]  Yeah.
[01:36:44.220 --> 01:36:55.220]  But trying to do it with a Web site is innovative and new, and you might not want to risk that.
[01:36:55.220 --> 01:37:05.220]  Whereas the newspaper is not as effective in publishing it as the Web site is, is the standard accepted approach.
[01:37:05.220 --> 01:37:08.220]  And you won't get any questions about that.
[01:37:08.220 --> 01:37:09.220]  Okay.
[01:37:09.220 --> 01:37:14.220]  Just save a copy of the first original copy of the paper, save that,
[01:37:14.220 --> 01:37:22.220]  because that shows the first initial date when you made the proclamation that you're not liable for any of this debt.
[01:37:22.220 --> 01:37:24.220]  All right, got it.
[01:37:24.220 --> 01:37:31.220]  And it would also probably be very good if you just got a copy of all three of the papers on the three separate weeks
[01:37:31.220 --> 01:37:37.220]  to show that you did run the ad consecutively as you required.
[01:37:37.220 --> 01:37:42.220]  Okay.
[01:37:42.220 --> 01:37:43.220]  All right, Sarah.
[01:37:43.220 --> 01:37:48.220]  My assistant producer is still looking it up, but just stay tuned,
[01:37:48.220 --> 01:37:53.220]  and we'll talk about this again as soon as I get the information back from him.
[01:37:53.220 --> 01:37:54.220]  All right, thanks.
[01:37:54.220 --> 01:37:55.220]  Okay, thank you, Sarah.
[01:37:55.220 --> 01:37:56.220]  Perfect.
[01:37:56.220 --> 01:37:57.220]  Okay.
[01:37:57.220 --> 01:38:03.220]  We're going to go now to Rick in California.
[01:38:03.220 --> 01:38:05.220]  Yeah, and callers also listen.
[01:38:05.220 --> 01:38:08.220]  When you all call in and we're done talking to you,
[01:38:08.220 --> 01:38:16.220]  please drop off the line and call back into the listener line if you need to, which is 512-485-9010.
[01:38:16.220 --> 01:38:22.220]  That way it helps us because we get confused of who we need to take on the call board and who we're done with.
[01:38:22.220 --> 01:38:24.220]  Okay, Rick, go ahead.
[01:38:24.220 --> 01:38:26.220]  What's on your mind tonight?
[01:38:26.220 --> 01:38:28.220]  Hi, I just wanted to clarify something.
[01:38:28.220 --> 01:38:30.220]  I have a couple of questions real quick.
[01:38:30.220 --> 01:38:38.220]  The counterclaim, since I have to amend it, I forgot to explain that the first time when I filed the counterclaim,
[01:38:38.220 --> 01:38:43.220]  I checked to see who the judge was, who was a commissioner, was a certain commissioner,
[01:38:43.220 --> 01:38:51.220]  obviously prior to whoever it was when I actually went there, it was somebody else.
[01:38:51.220 --> 01:38:54.220]  In other words, the counterclaim had a commissioner's name,
[01:38:54.220 --> 01:39:00.220]  but when I got there for my court date, my arraignment, it was a different commissioner.
[01:39:00.220 --> 01:39:06.220]  And so if I amend it, should I just put in on you both of the names correct,
[01:39:06.220 --> 01:39:10.220]  the correct names of both commissioners that I dealt with?
[01:39:10.220 --> 01:39:19.220]  Yeah, whichever ones you have an issue with, are you saying you filed against one person
[01:39:19.220 --> 01:39:24.220]  and another person showed up on the – I don't understand how you can –
[01:39:24.220 --> 01:39:31.220]  Yes, because you have to file the counterclaim usually a month prior to giving me enough time, like six, 30 days.
[01:39:31.220 --> 01:39:35.220]  But when I got there, it was a different commissioner.
[01:39:35.220 --> 01:39:39.220]  They both do that sometimes here in Los Angeles.
[01:39:39.220 --> 01:39:42.220]  So yeah, that's what happened basically.
[01:39:42.220 --> 01:39:47.220]  So I'm assuming that I'm going to have to put in the correct names when I go to the Court of Appeals.
[01:39:47.220 --> 01:39:55.220]  And will I enter the same counterclaim or should I also add, of course, what happened?
[01:39:55.220 --> 01:40:04.220]  Okay, when you file any amended petition, it supersedes the original.
[01:40:04.220 --> 01:40:10.220]  So when you file the amended, everything you want needs to be in there.
[01:40:10.220 --> 01:40:16.220]  You can't just add new stuff because what you don't put in it doesn't count.
[01:40:16.220 --> 01:40:19.220]  And I've seen guys get in trouble over that.
[01:40:19.220 --> 01:40:28.220]  And by the same token, I'd go ahead and list every original name that you filed under in the first one, along with any new ones.
[01:40:28.220 --> 01:40:29.220]  Okay.
[01:40:29.220 --> 01:40:36.220]  And also I was told that I can also write to the Commission on Judicial Conduct because obviously this –
[01:40:36.220 --> 01:40:44.220]  and it was an actual judge in my trial – was violated a couple of rules from what I was told.
[01:40:44.220 --> 01:40:52.220]  Yes, you should write to the State Commission on Judicial Conduct every opportunity you get.
[01:40:52.220 --> 01:40:54.220]  Okay.
[01:40:54.220 --> 01:41:01.220]  And then from what you guys understand, is that so far basically the only thing I can do for now?
[01:41:01.220 --> 01:41:03.220]  Wait, I missed part of that.
[01:41:03.220 --> 01:41:04.220]  I'm sorry.
[01:41:04.220 --> 01:41:07.220]  Is that all I can do for now from what you guys understand?
[01:41:07.220 --> 01:41:08.220]  Yes.
[01:41:08.220 --> 01:41:10.220]  Okay, so –
[01:41:10.220 --> 01:41:12.220]  Well, that should be all you need to do.
[01:41:12.220 --> 01:41:16.220]  Yes, and do only what you need to.
[01:41:16.220 --> 01:41:24.220]  A good counter-complaint, a good amended petition, including this judge, will really get their attention.
[01:41:24.220 --> 01:41:35.220]  Have you done your research on ministerial duty as it relates to a judge's immunity in California?
[01:41:35.220 --> 01:41:40.220]  No, but now I have a real good reason why I should, since I should have done it from the beginning.
[01:41:40.220 --> 01:41:44.220]  But I wasn't asked – will that be at the law library or –
[01:41:44.220 --> 01:41:55.220]  Yeah, go to one of the law – go to the library and go either to a digest or a journal and look up judicial immunity.
[01:41:55.220 --> 01:42:02.220]  And if you see if you can find a digest on it, it will kind of go through the gamut on judicial immunity
[01:42:02.220 --> 01:42:09.220]  and give you some starting points for case law for your particular issue.
[01:42:09.220 --> 01:42:10.220]  Okay.
[01:42:10.220 --> 01:42:11.220]  Okay, I see.
[01:42:11.220 --> 01:42:13.220]  So I will do that.
[01:42:13.220 --> 01:42:21.220]  And I guess I have to go to court again on the 10th, which is after tomorrow, for something else, I guess.
[01:42:21.220 --> 01:42:24.220]  I will be keeping you guys posted, and I want to thank you guys.
[01:42:24.220 --> 01:42:31.220]  And I will be posting the audio on the YouTube, so hopefully you guys can hear it and let me know what you guys think.
[01:42:31.220 --> 01:42:32.220]  Good.
[01:42:32.220 --> 01:42:37.220]  Okay, well, thank you guys once again, and I really appreciate you guys taking my call again.
[01:42:37.220 --> 01:42:39.220]  Okay, thank you, Rick.
[01:42:39.220 --> 01:42:41.220]  Okay, excellent.
[01:42:41.220 --> 01:42:48.220]  All right, we are going to go now to – back again to Brian in Pennsylvania.
[01:42:48.220 --> 01:42:49.220]  Yes.
[01:42:49.220 --> 01:42:50.220]  Yes, Brian.
[01:42:50.220 --> 01:42:51.220]  Thanks for calling in.
[01:42:51.220 --> 01:42:52.220]  What's on your mind tonight?
[01:42:52.220 --> 01:42:56.220]  Well, I just, you know, doing some more research and inspired by you guys.
[01:42:56.220 --> 01:42:57.220]  I really appreciate it.
[01:42:57.220 --> 01:43:03.220]  Yeah, Eddie Craig, you had touched on what Dr. Graves was talking about before and, you know,
[01:43:03.220 --> 01:43:08.220]  how to move to court and how to take successful notice, writing rules and how important that is, and it really is.
[01:43:08.220 --> 01:43:19.220]  And since I hung up, I am pleased to announce that I found what I wish I would – a phrase I would have known to search or know of in the PA Rules of Court.
[01:43:19.220 --> 01:43:30.220]  And for the record, if anybody else is out there from Pennsylvania, Rule 1028 of the Civil Procedure, preliminary objection was exactly what I was looking for.
[01:43:30.220 --> 01:43:31.220]  Great.
[01:43:31.220 --> 01:43:32.220]  Good.
[01:43:32.220 --> 01:43:35.220]  Okay, excellent.
[01:43:35.220 --> 01:43:38.220]  Wait, can you read it to us so we know what you are talking about?
[01:43:38.220 --> 01:43:42.220]  Yeah, we are going to break those, so hang on to the other side, okay, Brian?
[01:43:42.220 --> 01:43:43.220]  All right.
[01:43:43.220 --> 01:43:44.220]  Okay, we will be right back.
[01:43:44.220 --> 01:43:45.220]  We also have a new caller on the line.
[01:43:45.220 --> 01:43:47.220]  We are going to take the new caller as soon as we get back on the other side.
[01:43:47.220 --> 01:43:51.220]  This is the rule of law.
[01:43:51.220 --> 01:44:01.220]  If your body isn't feeling too well these days, you are going to start taking this hemp, I say, go to HempUSA.org.
[01:44:01.220 --> 01:44:06.220]  You may not like what I am about to say, but you know I am going to say it anyway.
[01:44:06.220 --> 01:44:08.220]  The government doesn't want the best for you.
[01:44:08.220 --> 01:44:11.220]  They keep you down, they keep you blue.
[01:44:11.220 --> 01:44:16.220]  They starve your body for all its nutrients.
[01:44:16.220 --> 01:44:18.220]  They won't let you grow industrial hemp.
[01:44:18.220 --> 01:44:25.220]  It really doesn't make any kind of sense when it is so healthy for the world and useful for you, my friends.
[01:44:25.220 --> 01:44:30.220]  I hope Mr. Bush will hear this song, for the heart of America wants this one.
[01:44:30.220 --> 01:44:35.220]  Go to HempUSA.org.
[01:44:35.220 --> 01:44:40.220]  If you are a truther and anarchist or renegade, you only want things that God has made.
[01:44:40.220 --> 01:44:44.220]  Go to HempUSA.org.
[01:44:44.220 --> 01:44:46.220]  We offer free shipping anywhere in the states.
[01:44:46.220 --> 01:44:51.220]  Go to HempUSA.org.
[01:44:51.220 --> 01:45:02.220]  Hello, oh man, she in jail.
[01:45:02.220 --> 01:45:12.220]  She's fucking up, oh man, I'm broken.
[01:45:12.220 --> 01:45:16.220]  Some things in this world I will never understand.
[01:45:16.220 --> 01:45:21.220]  Some things I realize foolish.
[01:45:21.220 --> 01:45:25.220]  Somebody's gonna police that policeman.
[01:45:25.220 --> 01:45:29.220]  Somebody's gonna police the police.
[01:45:29.220 --> 01:45:34.220]  There's always a room at the top of the hill.
[01:45:34.220 --> 01:45:39.220]  I hear through the grapevine and it's lonely left too.
[01:45:39.220 --> 01:45:48.220]  Okay, we are back to Rule of Law, our final segment, Randy Kelton, Deborah Stevens and Eddie Craig.
[01:45:48.220 --> 01:45:51.220]  Okay, Brian, you were just about to read us something before we went to break.
[01:45:51.220 --> 01:45:53.220]  Please go ahead.
[01:45:53.220 --> 01:46:01.220]  Okay, that was Rule 1028 in the Rules of Civil Procedure for Pennsylvania State.
[01:46:01.220 --> 01:46:05.220]  And the title is Preliminary Objection.
[01:46:05.220 --> 01:46:07.220]  And pretty good.
[01:46:07.220 --> 01:46:09.220]  I didn't know about it until this evening.
[01:46:09.220 --> 01:46:11.220]  I'm pleased that I found it.
[01:46:11.220 --> 01:46:14.220]  Okay, define preliminary objection for us.
[01:46:14.220 --> 01:46:16.220]  Yes, it's relatively long.
[01:46:16.220 --> 01:46:23.220]  So would you like me to stop between numbers because the first number one has...
[01:46:23.220 --> 01:46:25.220]  Oh, wait, wait, I'm sorry.
[01:46:25.220 --> 01:46:29.220]  Which one was most applicable to you?
[01:46:29.220 --> 01:46:31.220]  Well, I guess that's at the top.
[01:46:31.220 --> 01:46:32.220]  So that's fine.
[01:46:32.220 --> 01:46:34.220]  I'll read them a little bit below.
[01:46:34.220 --> 01:46:37.220]  So we got Rule 1028, preliminary objection.
[01:46:37.220 --> 01:46:42.220]  Part A, preliminary objections may be filed by any party to any pleading
[01:46:42.220 --> 01:46:45.220]  and are limited to the following grounds.
[01:46:45.220 --> 01:46:50.220]  Principle one, lack of jurisdiction over the subject matter of the action
[01:46:50.220 --> 01:46:56.220]  or the person of the defendant in proper venue or in proper form of service
[01:46:56.220 --> 01:47:00.220]  of a writ of summons or a complaint.
[01:47:00.220 --> 01:47:02.220]  And then it goes on to note.
[01:47:02.220 --> 01:47:04.220]  That's the rule of appellate procedure.
[01:47:04.220 --> 01:47:07.220]  And then it goes on to Part 2.
[01:47:07.220 --> 01:47:08.220]  Good, good.
[01:47:08.220 --> 01:47:10.220]  Sir, go on.
[01:47:10.220 --> 01:47:15.220]  No, we have another caller and we're kind of running out of time.
[01:47:15.220 --> 01:47:17.220]  I didn't realize it was quite so long.
[01:47:17.220 --> 01:47:24.220]  So this statute lists all of the standard preliminary objections.
[01:47:24.220 --> 01:47:25.220]  Right.
[01:47:25.220 --> 01:47:28.220]  And then it also notates after what is considered a responsive pleading.
[01:47:28.220 --> 01:47:30.220]  That falls into different classification.
[01:47:30.220 --> 01:47:32.220]  It's very, very good.
[01:47:32.220 --> 01:47:33.220]  Good.
[01:47:33.220 --> 01:47:35.220]  That should be useful for you.
[01:47:35.220 --> 01:47:37.220]  Thank you, guys.
[01:47:37.220 --> 01:47:39.220]  And lady.
[01:47:39.220 --> 01:47:40.220]  All right.
[01:47:40.220 --> 01:47:41.220]  Okay, yeah.
[01:47:41.220 --> 01:47:45.220]  Well, we did have another caller, but he's not on the line at this point in time.
[01:47:45.220 --> 01:47:47.220]  He dropped off, so.
[01:47:47.220 --> 01:47:49.220]  Okay.
[01:47:49.220 --> 01:47:50.220]  Sorry about that.
[01:47:50.220 --> 01:47:51.220]  Okay.
[01:47:51.220 --> 01:47:53.220]  All right, callers, we have one last segment.
[01:47:53.220 --> 01:47:57.220]  If you'd like to call in 512-646-1984.
[01:47:57.220 --> 01:48:05.220]  We've got about 10 more minutes left.
[01:48:05.220 --> 01:48:10.220]  Well, when we started out, we were talking about Judge Hand.
[01:48:10.220 --> 01:48:16.220]  You didn't file the motions with your complaints with Judge Hand.
[01:48:16.220 --> 01:48:24.220]  Do you have anything standing where you can go back to him or how did he leave things?
[01:48:24.220 --> 01:48:30.220]  He left the things saying that he would be perfectly willing to discuss things with me any time.
[01:48:30.220 --> 01:48:34.220]  He generally enjoyed talking to people, and he liked what we talked about.
[01:48:34.220 --> 01:48:43.220]  He gave me a lot of excellent advice on how to go about campaigning for the office of sheriff here.
[01:48:43.220 --> 01:48:46.220]  He gave me some really good advice on how to go through with that.
[01:48:46.220 --> 01:48:55.220]  So I am going to be an actual baby kisser in the way that, you know, you go out, you meet the people,
[01:48:55.220 --> 01:48:58.220]  you let them know who you are, what you stand for.
[01:48:58.220 --> 01:49:00.220]  You don't kiss the babies just to look good.
[01:49:00.220 --> 01:49:04.220]  You kiss the babies to show that you care kind of deal, and that's true.
[01:49:04.220 --> 01:49:11.220]  And that's what we actually need is somebody behind a badge that actually cares about the oath they took
[01:49:11.220 --> 01:49:14.220]  and understands what it means on top of that.
[01:49:14.220 --> 01:49:24.220]  So I honestly believe that's exactly what I intend to do is to put that into practice and see what I can do with it.
[01:49:24.220 --> 01:49:25.220]  Interesting.
[01:49:25.220 --> 01:49:32.220]  We need to look at maybe getting lists of all the people who have been arrested
[01:49:32.220 --> 01:49:38.220]  and let them know all of the things that the current sheriff has done wrong to them.
[01:49:38.220 --> 01:49:45.220]  Yeah, that was sure certainly outnumbered the usual vote count, most likely,
[01:49:45.220 --> 01:49:54.220]  considering we have, what, a 99.6 conviction rate for just about everybody, even if they were wrongfully brought into the system.
[01:49:54.220 --> 01:50:00.220]  And there will be a lot of them that will feel, well, almost all of them will feel mistreated by the system
[01:50:00.220 --> 01:50:09.220]  because that's really kind of the idea is they want you to feel overwhelmed and intimidated by the system
[01:50:09.220 --> 01:50:13.220]  so you won't express your rights.
[01:50:13.220 --> 01:50:18.220]  But that ought to make good cannon fodder for blowing the current sheriff out.
[01:50:18.220 --> 01:50:19.220]  Yeah.
[01:50:19.220 --> 01:50:25.220]  Well, see, what's interesting for me is I have a cousin that actually is a peace officer.
[01:50:25.220 --> 01:50:29.220]  He's worked in several different positions, both county and municipal.
[01:50:29.220 --> 01:50:32.220]  He and I talk about a lot of this stuff all the time.
[01:50:32.220 --> 01:50:34.220]  Now, he's very open-minded.
[01:50:34.220 --> 01:50:44.220]  He's told me, he says, the one thing I never want to be is the cop trying to convict you in a courtroom
[01:50:44.220 --> 01:50:51.220]  because he knows that I already know exactly what it takes to beat them as far as the statute's concerned.
[01:50:51.220 --> 01:50:53.220]  So he doesn't want to be on that side of the stick.
[01:50:53.220 --> 01:50:58.220]  But at the same time, he tries to play devil's advocate over, well, what do you do?
[01:50:58.220 --> 01:51:02.220]  You're trying to take away the power of the police to do this and this and this.
[01:51:02.220 --> 01:51:03.220]  I'm saying wrong, wrong, wrong.
[01:51:03.220 --> 01:51:04.220]  I need you to understand something.
[01:51:04.220 --> 01:51:10.220]  I am not trying to take away a single iota of lawful police power.
[01:51:10.220 --> 01:51:15.220]  What I am trying to do is to remove power they never had to begin with.
[01:51:15.220 --> 01:51:16.220]  Yeah, no cheating.
[01:51:16.220 --> 01:51:20.220]  But they have presumed is theirs when it isn't.
[01:51:20.220 --> 01:51:21.220]  That's exactly right.
[01:51:21.220 --> 01:51:22.220]  That's the deal here.
[01:51:22.220 --> 01:51:25.220]  And then on top of that, go ahead.
[01:51:25.220 --> 01:51:33.220]  What you will actually do is return the respect and cooperation of the public
[01:51:33.220 --> 01:51:37.220]  and make these police officers' job easier.
[01:51:37.220 --> 01:51:38.220]  Exactly.
[01:51:38.220 --> 01:51:39.220]  All right.
[01:51:39.220 --> 01:51:40.220]  And we have a caller on the line, too.
[01:51:40.220 --> 01:51:42.220]  We've got Jesse from Texas.
[01:51:42.220 --> 01:51:44.220]  Let's go to our caller.
[01:51:44.220 --> 01:51:47.220]  Andy and Deborah, how are you all doing today?
[01:51:47.220 --> 01:51:48.220]  Thank you.
[01:51:48.220 --> 01:51:49.220]  What's on your mind tonight, Jesse?
[01:51:49.220 --> 01:51:55.220]  I got a relative that was pulled over or he wasn't even driving,
[01:51:55.220 --> 01:52:07.220]  but he received a citation for a DWI at a restaurant or at one of these fast food places.
[01:52:07.220 --> 01:52:10.220]  He's actually sleeping.
[01:52:10.220 --> 01:52:30.220]  And how do we, like, remove the witness from or how do I remove the witness from?
[01:52:30.220 --> 01:52:32.220]  Remove the witness.
[01:52:32.220 --> 01:52:34.220]  Are you talking about the police officer?
[01:52:34.220 --> 01:52:37.220]  Yes, yes.
[01:52:37.220 --> 01:52:42.220]  First off, where was your friend sleeping?
[01:52:42.220 --> 01:52:46.220]  Over here at Water Burger.
[01:52:46.220 --> 01:52:48.220]  He was in a private parking lot?
[01:52:48.220 --> 01:52:49.220]  Yes.
[01:52:49.220 --> 01:52:52.220]  Were the keys in the ignition?
[01:52:52.220 --> 01:52:55.220]  I don't know.
[01:52:55.220 --> 01:52:58.220]  Was the automobile running?
[01:52:58.220 --> 01:53:00.220]  That I do not know.
[01:53:00.220 --> 01:53:02.220]  That's real important.
[01:53:02.220 --> 01:53:11.220]  You're saying he's sleeping and the police are going to say there's a difference between sleeping and passed out.
[01:53:11.220 --> 01:53:25.220]  If he's intoxicated essentially in a public parking lot that has public access in an automobile that's running,
[01:53:25.220 --> 01:53:31.220]  they're probably going to have cause to get him out of the automobile
[01:53:31.220 --> 01:53:35.220]  because he could die in there from carbon monoxide poisoning.
[01:53:35.220 --> 01:53:37.220]  The car is not moving.
[01:53:37.220 --> 01:53:41.220]  So that's going to give them cause to get him out and then they find him intoxicated.
[01:53:41.220 --> 01:53:45.220]  At least they have public intoxication.
[01:53:45.220 --> 01:53:47.220]  Just a second.
[01:53:47.220 --> 01:53:53.220]  Public intoxication can only be applied to someone that is in imminent danger to themselves or others.
[01:53:53.220 --> 01:54:02.220]  Well, if he is in an automobile that's parked and running, that applies.
[01:54:02.220 --> 01:54:08.220]  He could die in there from carbon monoxide poisoning.
[01:54:08.220 --> 01:54:11.220]  That's not an imaginary threat.
[01:54:11.220 --> 01:54:13.220]  That's a real threat.
[01:54:13.220 --> 01:54:17.220]  So that's why the question of whether or not the automobile was running is really important.
[01:54:17.220 --> 01:54:28.220]  If it wasn't running and he's just sleeping in the car, that's not probable cause to believe any crime has been committed.
[01:54:28.220 --> 01:54:29.220]  Okay.
[01:54:29.220 --> 01:54:38.220]  Unless he's sleeping in the car hugging a half-empty beer bottle.
[01:54:38.220 --> 01:54:42.220]  So we really need more facts before we can give a good address.
[01:54:42.220 --> 01:54:53.220]  Clearly, it's not our purpose here to help people get out of crimes they legitimately committed.
[01:54:53.220 --> 01:54:57.220]  Oh, what we're here really for and about is due process.
[01:54:57.220 --> 01:55:02.220]  We want everybody to follow law, not just us but the police as well.
[01:55:02.220 --> 01:55:09.220]  So I don't particularly like the idea of drugs driving up down the street killing my friends and neighbors.
[01:55:09.220 --> 01:55:13.220]  I don't have any real sympathy for them.
[01:55:13.220 --> 01:55:24.220]  It's just that on the other hand, we just want our police to make sure they enforce the law that's there and not the one they want to be there.
[01:55:24.220 --> 01:55:27.220]  So you might ask your friend a couple of questions.
[01:55:27.220 --> 01:55:35.220]  Key in the ignition is real critical, goes to a primary element of the crime, of the allegation.
[01:55:35.220 --> 01:55:46.220]  How they can get to DUI with him parked, you know, they're assuming that he drove there but they didn't see him drive there.
[01:55:46.220 --> 01:55:55.220]  Somebody could have drove him there and stuffed him in his car while he was already drunk in a private place unconscious
[01:55:55.220 --> 01:56:01.220]  and they could have drug him out of the friend's house and brought him over here and stuffed him in his car and left him.
[01:56:01.220 --> 01:56:06.220]  In that case, even if he's intoxicated in public and even if he is a danger to himself,
[01:56:06.220 --> 01:56:12.220]  it goes to one of the elements of the crime which is intent and he had no intent to be there.
[01:56:12.220 --> 01:56:15.220]  If he was already passed out, he doesn't even know.
[01:56:15.220 --> 01:56:21.220]  So in order to give you a good answer, we need more details.
[01:56:21.220 --> 01:56:32.220]  But if you want to know the specific elements, go to penal code section 49.04 and it specifically addresses driving while intoxicated.
[01:56:32.220 --> 01:56:33.220]  What is that call again?
[01:56:33.220 --> 01:56:35.220]  I'm sorry.
[01:56:35.220 --> 01:56:38.220]  49.04 penal code.
[01:56:38.220 --> 01:56:42.220]  49.04 penal code.
[01:56:42.220 --> 01:56:43.220]  Penal code.
[01:56:43.220 --> 01:56:52.220]  And notice that it says that if the person is intoxicated while operating a motor vehicle in a public place, doesn't necessarily have to be a road.
[01:56:52.220 --> 01:56:57.220]  It can be operating the motor vehicle while intoxicated in a public place.
[01:56:57.220 --> 01:56:59.220]  Wait a minute.
[01:56:59.220 --> 01:57:00.220]  Okay.
[01:57:00.220 --> 01:57:03.220]  That's penal code and not transportation code.
[01:57:03.220 --> 01:57:05.220]  Correct.
[01:57:05.220 --> 01:57:11.220]  So I was going to say that transportation code only applies to the public thoroughfares.
[01:57:11.220 --> 01:57:14.220]  This is penal code so any public place.
[01:57:14.220 --> 01:57:15.220]  Right.
[01:57:15.220 --> 01:57:22.220]  What if they have like I think the other thing too is I think they have an expired driver's license.
[01:57:22.220 --> 01:57:35.220]  Yeah, but unless there are facts he hasn't told us, like they followed him into the parking lot and when he pulled up and put it in park, he passed out.
[01:57:35.220 --> 01:57:38.220]  So when they got to the car, he was asleep.
[01:57:38.220 --> 01:57:40.220]  Then he might have a problem.
[01:57:40.220 --> 01:57:50.220]  But if he was already asleep in the car in a parking lot, it's going to be real hard to charge him with driving with expired driver's license.
[01:57:50.220 --> 01:57:54.220]  Because now he's not on a public thoroughfare.
[01:57:54.220 --> 01:57:58.220]  Nowhere is he driving.
[01:57:58.220 --> 01:58:01.220]  Yeah, I've got a license but I wasn't using it.
[01:58:01.220 --> 01:58:05.220]  We're not using it right now.
[01:58:05.220 --> 01:58:09.220]  Thank you Gary Lochte for that one.
[01:58:09.220 --> 01:58:14.220]  Well, listen, we're coming up to the end of the show, Jesse.
[01:58:14.220 --> 01:58:15.220]  Thanks.
[01:58:15.220 --> 01:58:16.220]  All right, you're welcome.
[01:58:16.220 --> 01:58:20.220]  If you have any more questions on this issue, please call back in on Thursday night.
[01:58:20.220 --> 01:58:26.220]  Okay, this is the rule of law, Randy Kelton and Deborah Stevens.
[01:58:26.220 --> 01:58:35.220]  Oh, and also just got a notice from my my assistant producer family code chapter six section 707.
[01:58:35.220 --> 01:58:48.220]  So look that up, Sarah, chapter six 707 of the family code has to do with your issue regarding the loan loans taken out right at the last second.
[01:58:48.220 --> 01:59:05.220]  All right, we'll be back Thursday.
[01:59:05.220 --> 01:59:33.220]  Thank you.
[01:59:33.220 --> 01:59:48.220]  Thank you.