[00:00.000 --> 00:05.280] This news brief brought to you by the International News Net. [00:05.280 --> 00:10.280] The US is coming under intense pressure from rights organization and environmental groups [00:10.280 --> 00:14.080] to redefine its trade pact with Peru. [00:14.080 --> 00:19.560] Andrew Miller of Amazon Watch said the US-Peru trade agreement gave license to the Garcia [00:19.560 --> 00:26.160] administration to roll back indigenous rights and has contributed to increasing social conflict [00:26.160 --> 00:29.680] and human rights abuses in Peru. [00:29.680 --> 00:34.760] President Mahmoud Ahmadinejad has gained unlikely supporters in Israel, a country he wants to [00:34.760 --> 00:35.960] eliminate. [00:35.960 --> 00:42.000] Mayor Dagon, chief of Israel's Mossad spy agency, told a closed Knesset committee hearing [00:42.000 --> 00:48.560] Ahmadinejad's reputation as a Holocaust-denying rabble rouser makes it easier for Israel to [00:48.560 --> 00:53.840] enlist international support against Iran's nuclear program. [00:53.840 --> 00:59.640] Maurice Hank Greenberg, former head of ailing US insurance giant AIG, told the court with [00:59.640 --> 01:05.280] Wednesday he had a private jet fly a large block of the company's stock to Bermuda to [01:05.280 --> 01:12.800] prevent AIG from seizing it. [01:12.800 --> 01:18.200] Army officials said Wednesday an inventory of potentially deadly pathogens at Fort Detrick's [01:18.200 --> 01:25.400] infectious disease lab found more than 9,000 vials as had not been accounted for. [01:25.400 --> 01:30.040] Researchers at the US Army Medical Research Institute of Infectious Diseases in Frederick [01:30.040 --> 01:35.560] found 9,220 samples that hadn't been included in a database. [01:35.560 --> 01:41.720] Colonel Mark Kortpetter, the institute's deputy commander, said some vials contained dangerous [01:41.720 --> 01:48.520] pathogens including the Ebola virus, anthrax bacteria and botulinum toxin. [01:48.520 --> 01:53.960] Kortpetter said the vast majority were left there by scientists who had left the institute. [01:53.960 --> 02:00.960] Richard Ebright, a Rutgers professor who follows biosecurity said, quote, 9,200 undocumented [02:00.960 --> 02:04.420] samples is an extraordinarily serious breach. [02:04.420 --> 02:11.640] It is unacceptable. [02:11.640 --> 02:16.640] Congress Thursday began crafting legislation that Democratic leaders plan to push through [02:16.640 --> 02:19.740] both chambers by their August recess. [02:19.740 --> 02:25.280] The measure may require all Americans to get medical insurance, force insurers to accept [02:25.280 --> 02:30.440] all patients and end the tax break for employer-paid health benefits. [02:30.440 --> 02:33.960] These changes may be hammered out with unprecedented speed. [02:33.960 --> 02:39.360] Barack Obama has made a health care overhaul his top domestic priority using his February [02:39.360 --> 02:45.500] budget proposal to call it a moral imperative to extend coverage to the country's 46 million [02:45.500 --> 02:47.120] uninsured. [02:47.120 --> 02:52.440] Obama also tied the long-term fiscal soundness of the U.S. to controlling medical costs. [02:52.440 --> 02:58.400] Top of the hour news brought to you by INN World Report. [02:58.400 --> 03:10.400] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech [03:10.400 --> 03:17.400] talk radio at its best. [03:40.400 --> 04:09.880] All right. [04:09.880 --> 04:14.280] Good boys, what you going to do when they come for you? [04:14.280 --> 04:19.600] This is the Rule of Law on Rule of Law Radio. [04:19.600 --> 04:28.360] Tonight, we have a very special guest, Mr. Jim Ash from College Station. [04:28.360 --> 04:35.000] He has been fighting the red light camera issue very extensively. [04:35.000 --> 04:43.280] Apparently, he's been camping on the sidewalk for 13 days to get a valid petition to force [04:43.280 --> 04:46.280] the issue onto the ballot. [04:46.280 --> 04:47.280] All right. [04:47.280 --> 04:50.920] You can check his website at civilviolation.com. [04:50.920 --> 04:53.920] Jim, welcome to the show. [04:53.920 --> 04:54.920] Thank you. [04:54.920 --> 04:55.920] Thank you very much. [04:55.920 --> 05:00.160] So can you please tell us how did you get into this? [05:00.160 --> 05:03.480] What made you get so enraged about this? [05:03.480 --> 05:08.200] I mean, because obviously, we all are, I mean, you've really been pushing it to the limit. [05:08.200 --> 05:14.160] So give us a little bit of your history and what's happening now and what's going to happen [05:14.160 --> 05:15.160] next. [05:15.160 --> 05:16.160] Okay. [05:16.160 --> 05:18.760] Well, here's kind of the background of it. [05:18.760 --> 05:21.320] I was totally politically inactive. [05:21.320 --> 05:22.320] Okay. [05:22.320 --> 05:26.760] In fact, I didn't even really know that our city had red light cameras until I received [05:26.760 --> 05:29.240] a notice of violation in the mail. [05:29.240 --> 05:33.480] To all of you freedom fighters who've been out here for years, I got to apologize, I'm [05:33.480 --> 05:39.640] a little late to the party, but what really drew me into this was that I received a notice [05:39.640 --> 05:44.640] of violation for a red light infraction on September 10th. [05:44.640 --> 05:48.440] I received the notice of violation about a month later. [05:48.440 --> 05:55.320] I flipped it over on the back to read the terms of what was happening and it had already [05:55.320 --> 05:57.440] been determined that I was guilty. [05:57.440 --> 06:06.240] I was liable to the state for a $75 minimum fee and that I should pay that fee and if [06:06.240 --> 06:11.800] I delayed, they would charge me another $25 and I would lose my right to an administrative [06:11.800 --> 06:12.800] appeal. [06:12.800 --> 06:20.600] So, you know, from what I learned just as being a U.S. citizen, I thought we were presumed [06:20.600 --> 06:21.600] innocent. [06:21.600 --> 06:23.400] I thought those were the kind of things. [06:23.400 --> 06:27.680] They had to prove you guilty of a crime. [06:27.680 --> 06:32.640] So I decided to appeal it and that is really the beginning of the story. [06:32.640 --> 06:34.320] I went through the process. [06:34.320 --> 06:40.160] The administrative hearings filed an appeal with the municipal court and college station [06:40.160 --> 06:42.400] which they received but they did not grant. [06:42.400 --> 06:46.120] They sent me a letter that said there is no appeal to what they do. [06:46.120 --> 06:54.320] So I've been on the road for now about six months at this stage trying to rectify the [06:54.320 --> 06:56.320] situation. [06:56.320 --> 06:59.880] Incredible. [06:59.880 --> 07:07.200] So please tell us what you've done concerning this camp out on the sidewalk. [07:07.200 --> 07:08.200] This is incredible. [07:08.200 --> 07:14.160] I tell you, this is in a lot of ways I think it's an amazing story, right, because first [07:14.160 --> 07:19.080] I went to the city council to express my grievances, literally the city council kind of chuckled [07:19.080 --> 07:20.080] at me. [07:20.080 --> 07:24.400] I have e-mails where they say Jim Asch is in over his head so I thought, well, if they're [07:24.400 --> 07:26.120] not going to listen, I'll go to the state house. [07:26.120 --> 07:32.280] So I went to Austin, talked to my state legislators, worked with Carl Isit, the state representative [07:32.280 --> 07:40.200] out of Lubbock, promoting his bill 2536 which was in the house which ultimately ended up [07:40.200 --> 07:48.600] as an amendment to the House Bill 300 which is the big transportation bill of this year. [07:48.600 --> 07:56.200] And in the process that amendment ended up indicating that the no municipal authority [07:56.200 --> 08:02.320] in the state of Texas could extend or enter into a new photo enforcement contract commonly [08:02.320 --> 08:07.360] known as red light cameras after June 1. [08:07.360 --> 08:13.920] So the city of College Station, knowing what the amendment was going to say, moved very [08:13.920 --> 08:20.900] quickly and on May 29 signed a 20 year extension to the red light camera contract with American [08:20.900 --> 08:24.800] Traffic Solutions. [08:24.800 --> 08:30.560] Once that happened, I knew that even if I was successful and the citizens of the state [08:30.560 --> 08:33.680] of Texas, because there's a lot of people working on this, were successful in getting [08:33.680 --> 08:42.600] it outlawed at the state level, that my kids would be 30 years old before the cameras disappeared. [08:42.600 --> 08:50.720] So I picked it up on myself to file an ordinance petition and I spent 13 evenings, actually [08:50.720 --> 08:54.920] two Saturdays and Sundays, 13 days in total. [08:54.920 --> 09:03.600] I received about 1,700 total signatures on my petition and got to my magic number which [09:03.600 --> 09:09.200] in College Station was only 850 signatures of registered voters. [09:09.200 --> 09:16.840] So at this stage we're in the certification stage of my petition and once certified by [09:16.840 --> 09:20.360] the city, the city council has two choices. [09:20.360 --> 09:27.680] They can either adopt the ordinance that is proposed or put it on the ballot for November [09:27.680 --> 09:28.680] 3. [09:28.680 --> 09:32.520] So if that's what I think they will ultimately do, we'll end up voting on it on November [09:32.520 --> 09:33.920] 3. [09:33.920 --> 09:39.160] Now do you have to get a certain number of additional signatures in order to force them [09:39.160 --> 09:40.960] to put it on the ballot? [09:40.960 --> 09:45.440] No, I have the needed number of signatures right now. [09:45.440 --> 09:50.000] It's 25% in College Station. [09:50.000 --> 09:54.200] It's 25% of the number of people that voted in the last general election. [09:54.200 --> 10:01.720] And the last general election we had 3,036 people vote, so I need a little over 800. [10:01.720 --> 10:02.720] And why did you... [10:02.720 --> 10:03.720] Right now about 865. [10:03.720 --> 10:08.920] Then Jim, why did you say that they could either vote on it themselves or put it on [10:08.920 --> 10:09.920] the ballot? [10:09.920 --> 10:10.920] I don't understand. [10:10.920 --> 10:13.640] Well, that's their choice. [10:13.640 --> 10:21.360] They can adopt the ordinance as law without the election. [10:21.360 --> 10:31.640] Oh, okay, okay, but they can't vote on it themselves to put it down, in other words. [10:31.640 --> 10:32.640] Right. [10:32.640 --> 10:33.640] Okay, good. [10:33.640 --> 10:41.560] They can either make the ordinance law by act of the City Council or put it to a vote. [10:41.560 --> 10:42.560] Awesome. [10:42.560 --> 10:43.560] Awesome. [10:43.560 --> 10:44.560] Wonderful. [10:44.560 --> 10:51.040] Now we also have Eddie from Texas on the line. [10:51.040 --> 10:54.320] Before I bring Eddie up, Randy, do you have any... [10:54.320 --> 10:57.320] What do you have to say about this? [10:57.320 --> 10:58.320] Randy. [10:58.320 --> 11:03.240] Okay, looks like we lost Randy. [11:03.240 --> 11:04.680] Okay, go... [11:04.680 --> 11:08.160] Somebody muted my mic again. [11:08.160 --> 11:09.160] Somebody keeps doing that. [11:09.160 --> 11:17.560] Anyway, I think it's great for somebody actually to stand up, take on the City Council and [11:17.560 --> 11:20.480] beat them at their own game. [11:20.480 --> 11:26.960] Because I suspect if this goes to an initiative and referendum that the voters are not going [11:26.960 --> 11:32.840] to want this to last, so you may have them beat. [11:32.840 --> 11:35.320] We don't get near enough wins. [11:35.320 --> 11:44.120] Well, photo enforcement's gone to the polls in at least four states that I'm aware of [11:44.120 --> 11:49.000] now, and the red light cameras are removed from the community. [11:49.000 --> 11:55.080] In other words, people throw them out by a ratio of about three to one at the polls, [11:55.080 --> 12:02.480] so it's a 75% winner when it goes to the polls, so throw them away. [12:02.480 --> 12:03.480] Wonderful. [12:03.480 --> 12:04.480] This is good to hear. [12:04.480 --> 12:07.480] I know Aaron would be glad to hear this. [12:07.480 --> 12:16.080] Well, you know, the process to get there, you know, in some ways I'm surprised that [12:16.080 --> 12:22.720] with the few as 850 signatures, you could propose an ordinance and get it on the ballot. [12:22.720 --> 12:25.020] You know, that's not a lot of signatures. [12:25.020 --> 12:28.000] It seems like a lot when you're standing out there on the side of the road waiting on people [12:28.000 --> 12:29.680] to stop. [12:29.680 --> 12:37.140] But in the grand scheme of things, the major cities, what I feel like is the College Station [12:37.140 --> 12:42.200] and our battle here in College Station should be a beachhead, if you will, against the red [12:42.200 --> 12:45.120] light camera systems in general. [12:45.120 --> 12:53.240] I mean, from a constitutional standpoint, at our core, that's what our group is about [12:53.240 --> 12:57.800] because there are so many constitutional problems with the red light cameras, the way they're [12:57.800 --> 13:04.920] implemented in Texas, that I think their days are numbered. [13:04.920 --> 13:06.160] I certainly hope so. [13:06.160 --> 13:13.120] Well, I just don't see how it could fly because, for one thing, you have the right to face [13:13.120 --> 13:17.680] your accuser in court, okay? [13:17.680 --> 13:22.600] Camera is not a living entity, all right? [13:22.600 --> 13:24.720] I want to cross-examine that camera. [13:24.720 --> 13:30.920] Well, we have Eddie Craig on the line who is our resident traffic code expert. [13:30.920 --> 13:33.720] He's actually co-host of the show now. [13:33.720 --> 13:36.720] Eddie, thanks for joining us tonight. [13:36.720 --> 13:38.720] What do you have to say about this? [13:38.720 --> 13:44.200] Well, I was reading the information on his website, and a lot of what he says is correct, [13:44.200 --> 13:47.600] though I'm having a little issue with a couple of things that he's got referenced simply [13:47.600 --> 13:51.680] because what I'm reading doesn't match exactly what he's saying. [13:51.680 --> 13:56.760] For the most part, he is correct in a lot of ways, but the key issue here, once again, [13:56.760 --> 13:59.600] is right back to how the statute itself is written. [13:59.600 --> 14:04.160] I've gone through, I've looked at the definition of person, motor vehicle, so on and so forth. [14:04.160 --> 14:07.680] It's just like it is in every other part of the transportation code. [14:07.680 --> 14:10.000] It does not mean you and I. [14:10.000 --> 14:15.200] It simply means commercial operator, driver, slash commercial motor vehicle. [14:15.200 --> 14:23.040] Again, the ordinance will fly under the radar of being constitutional and all that because [14:23.040 --> 14:26.880] it is directed at commercial entities, not us. [14:26.880 --> 14:34.400] We're just being pressured, bullied, and otherwise intimidated into accepting that it means us, [14:34.400 --> 14:37.480] which as Randy put it the other day, that needs to stop. [14:37.480 --> 14:42.800] We need to stop being defensive about approaches on this and be offensive. [14:42.800 --> 14:45.840] So far in that regard, I completely agree with the man. [14:45.840 --> 14:47.320] He is being offensive. [14:47.320 --> 14:51.040] He is trying to get something corrected that's obviously wrong. [14:51.040 --> 14:57.160] The problem is, is I think that if he would take the attack of showing not only are they [14:57.160 --> 15:02.160] using it in a way to make it where the people can't fight back that it is used against, [15:02.160 --> 15:07.040] whether it applies to them or not, the fact of the matter is we could still use this issue [15:07.040 --> 15:12.520] just like the issue with the rest of it to clear up the misconception of who these statutes [15:12.520 --> 15:13.520] actually apply to. [15:13.520 --> 15:14.520] Correct. [15:14.520 --> 15:15.520] Eddie, you're right. [15:15.520 --> 15:23.600] In fact, the concept of the application of commercial vehicle code is the way it was [15:23.600 --> 15:31.000] sold to the House when they got it passed originally in 2006, I guess it was, or 2007, [15:31.000 --> 15:32.000] I'm sorry. [15:32.000 --> 15:36.440] They said at the very last minute when they're adding the amendment, well, it's just something [15:36.440 --> 15:42.000] to do with commercial code, commercial vehicle code, boom, the amendment goes in and in a [15:42.000 --> 15:47.320] lot of ways I feel like the people in the House that I've talked to feel like that they [15:47.320 --> 15:49.440] were kind of snookered in that sense. [15:49.440 --> 15:55.840] They didn't exactly know what the situation was and how it would be applied to the normal [15:55.840 --> 15:56.840] citizen. [15:56.840 --> 16:03.320] Well, the thing is that it can't be, not legally, not the way it's written. [16:03.320 --> 16:08.760] Everybody out there knows that, but they're counting on us not knowing that and volunteering [16:08.760 --> 16:12.520] into it by going, oh, yeah, okay, I'm sorry, I did that. [16:12.520 --> 16:13.520] Right. [16:13.520 --> 16:20.720] I've talked to hundreds of people that are so intimidated by a notice of violation of [16:20.720 --> 16:27.360] the civil violation coming from, in this case, the City of College Station, but all across [16:27.360 --> 16:28.360] the state. [16:28.360 --> 16:34.160] The City of Houston is going to experience $15 million worth of red light camera revenue [16:34.160 --> 16:35.920] in 2010. [16:35.920 --> 16:36.920] That's what they're planning on. [16:36.920 --> 16:42.560] So, you know, it's a very pervasive problem across the state and it's time for us to stand [16:42.560 --> 16:43.560] up against that. [16:43.560 --> 16:44.560] That's correct. [16:44.560 --> 16:45.560] I agree. [16:45.560 --> 16:46.560] Okay. [16:46.560 --> 16:49.560] Well, listen, we're going to break. [16:49.560 --> 16:52.280] I want to talk about this more on the other side. [16:52.280 --> 17:00.640] This is the rule of law, Randy Kelton, Deborah Stevens, and Jim Ash with Eddie Craig. [17:00.640 --> 17:01.640] You invest. [17:01.640 --> 17:02.640] You buy insurance. [17:02.640 --> 17:03.640] You wear your seatbelt. [17:03.640 --> 17:06.560] You do things to ensure your family's future and protection. [17:06.560 --> 17:07.560] But why? [17:07.560 --> 17:08.640] Just in case? [17:08.640 --> 17:11.680] With the current state of affairs, ask yourself, am I ready? [17:11.680 --> 17:14.960] Preparation starts at SurvivalGearSource.com. [17:14.960 --> 17:19.360] SurvivalGearSource.com has a huge selection of vital products, emergency survival kits, [17:19.360 --> 17:25.360] gas masks, MREs, communication devices, products for pet care, your car, home, office and school. [17:25.360 --> 17:29.520] Protect against all natural disasters and terror attacks that can happen at any time. [17:29.520 --> 17:33.680] If you are not prepared, the last place you want to be is standing in FEMA lines. [17:33.680 --> 17:35.160] Invest in your future now. [17:35.160 --> 17:40.640] Visit SurvivalGearSource.com or call 877-231-1925. [17:40.640 --> 17:45.080] That's 877-231-1925. [17:45.080 --> 17:46.080] SurvivalGearSource.com. [17:46.080 --> 17:48.560] Prepare for tomorrow now. [17:48.560 --> 17:55.160] When ordering from SurvivalGearSource.com, remember to use promo code RuleOfLawRadio.com. [17:55.160 --> 17:59.600] Again, that special promo code is RuleOfLawRadio.com. [17:59.600 --> 18:21.760] Look what we've got, only us, the Christians, don't know what lies, we don't have answers, [18:21.760 --> 18:32.240] open our minds, we ask the questions, look what we get and they don't ever answer, so [18:32.240 --> 18:33.120] we can sleep inside. [18:33.120 --> 18:39.560] When I talk about issues I see Lord how they want we get in to see the people, they we [18:39.560 --> 18:45.120] talk way too politically and they get goodng mad and angry, but they must stand up and [18:45.120 --> 18:48.840] fight and fight for the freedom and be free. [18:48.840 --> 18:56.600] them love slavery and get handled from the government to a vegan. We are the Christians. [18:56.600 --> 19:06.600] We do what we're hiding. We don't have the answers. We're not nobody. But we are the Christians. [19:06.600 --> 19:13.400] Look what we get. And they don't have the answers. Soap and slip and slide. [19:13.400 --> 19:24.760] All right, tyranny. Them a tear you. Them a tear me. Them a tear up the country. That's right. [19:27.000 --> 19:33.240] Them tear up the country. Them tear up the constitution. Them rip it in tree. But we're [19:33.240 --> 19:37.480] putting it back together. Randy Kelton, Deborah Stevens. We've got Eddie Craig with us. [19:37.480 --> 19:46.600] Our newest host on board. And also our very special guest, Jim Ash. Talking about the red [19:46.600 --> 19:53.880] light camera issue. And I had a question I was asking Eddie before the show. And I would like [19:53.880 --> 20:00.040] to discuss this a little bit further. Okay, so this whole situation, it really only applies [20:00.040 --> 20:05.560] to commercial entities. Well, what would happen, like in the case of what Jim is doing, [20:05.560 --> 20:15.160] to get this on the ballot in College Station, if the voters say, no, we don't want this, [20:16.840 --> 20:23.720] okay, we're not going to have this, can the state, I mean, and in that case, the voters would vote [20:23.720 --> 20:32.200] down the red light cameras as applied to even a commercial entity, can the state still come in and [20:32.200 --> 20:38.680] still come in and say, well, no, too bad, we're going to do it anyway? I mean, even after the [20:39.800 --> 20:45.080] placing the cameras, Deborah, it's the city that's placing the cameras, the state has a statute [20:45.080 --> 20:51.480] letting them do so. Okay. Okay. All right. All right. The problem with it is, is it doesn't [20:51.480 --> 20:56.520] matter why they put the cameras there, they're going to always use them for more than what we're [20:56.520 --> 21:03.080] told. And that includes, just as an example, a perfect example, RFID chipping technology, [21:03.080 --> 21:09.240] which they want to do with the driver's license. All that would be required to track any individual [21:09.240 --> 21:15.160] moving through any municipality would be to outfit a wireless transceiver on every red light camera [21:15.160 --> 21:21.000] that can pick up and read the RFID chip inside of your driver's license, and they can watch you walk [21:21.000 --> 21:29.640] around the entire city, whether you're in camera range or not. Okay. That's just one of the possible [21:29.640 --> 21:37.240] misuses of both technologies, just one, and there are thousands. You know, Deborah, when I look at [21:37.240 --> 21:46.040] just what the city's doing right now, and even without RFID tags and that, the city in College [21:46.040 --> 21:53.880] Station disregards the statutes as they're written. I mean, the statute clearly says that the only [21:53.880 --> 22:01.080] lawful use for the film out of a red light camera or the images is the prosecution or following the [22:01.080 --> 22:07.000] notice of violation through the court system. And yet, every time they run an advertisement [22:07.640 --> 22:13.160] touting the safety, they use the very images that they're statutorily prohibited from using [22:13.160 --> 22:18.760] to advertise the very red light camera system that they're saying we need for our own safety. [22:20.120 --> 22:21.480] Well, I have a question. [22:21.480 --> 22:30.840] The city of College Station transfers the fine related to this to the driver of the vehicle. [22:32.600 --> 22:35.560] Yeah, this is crime by ownership. [22:35.560 --> 22:36.520] The statute clearly says the owner of the vehicle is responsible. [22:36.520 --> 22:45.080] It's what they called in Montana a new form of crime, crime by ownership. [22:45.800 --> 22:53.880] But I have a question. Who actually collects the fee? Is it the city that sends out this notice [22:54.440 --> 22:56.840] or is it the company they're contracting to? [22:57.640 --> 23:04.360] American Traffic Solutions, the company, ATS, sends out the notice and ATS collects the money. [23:04.360 --> 23:09.320] Oh, good. What we need to do is sue ATF. [23:10.520 --> 23:15.240] Well, the other issue he's facing, Randy, which from what I can tell would be correct is that [23:15.240 --> 23:19.320] they are supposed to be licensed as a private security company. You know that issue, correct? [23:19.880 --> 23:21.960] Oh, yeah. I just got into one of those. [23:21.960 --> 23:24.920] So, if they're not licensed for that... [23:27.320 --> 23:28.280] There's something else. [23:28.280 --> 23:36.200] You know, the Texas Department of Public Safety has issued their ruling on that from just to give [23:36.200 --> 23:43.400] cover, I think, for what's happening. But the logic of the DPS is that since American Traffic [23:43.400 --> 23:48.920] Solutions is working under the direct supervision of the law enforcement agency, that they are [23:48.920 --> 23:58.280] exempted from the professional license that Randy talked about the other day, the private investigation. [23:58.280 --> 24:03.960] Okay. Well, there's two issues with that. One, DPS does not write law nor do they have the [24:03.960 --> 24:11.240] authority to circumvent law. Two, the statute is a penal statute over which they have no authority [24:11.240 --> 24:18.600] that that falls under. So, that doesn't fly. Direct supervision by a law enforcement agency [24:18.600 --> 24:23.560] is not covered in that section of the statute. I read it very thoroughly. So, just because they're [24:23.560 --> 24:26.760] being supervised does not exempt them from the requirement of the license. [24:27.640 --> 24:37.160] What that sounds like is conspiracy between the DPS and this private company to defraud the public. [24:37.880 --> 24:41.000] Correct. That would be criminal collusion and conspiracy. [24:41.000 --> 24:51.480] My suggestion is sue the company itself for collecting fines and fees from non-commercial [24:51.480 --> 25:02.360] entities. How are they going to fight it? Now, be harder to do the city, but this is a private [25:02.360 --> 25:08.600] company. Gives you a private cause of action and here you can sue as a private attorney general, [25:08.600 --> 25:16.920] although, so, nobody misconstrues that term. There is no such thing as a private attorney general, [25:17.480 --> 25:24.760] but a citizen under certain circumstances can act in the same capacity as a private attorney general [25:25.480 --> 25:33.720] by filing a suit for the benefit of all persons similarly affected. That's what this thing of [25:33.720 --> 25:39.720] a private attorney general goes through, but you could sue that company for all of the people that [25:39.720 --> 25:47.720] it collected a fine from that the company did not first determine were commercial drivers. [25:50.200 --> 25:56.440] A win on that would end everything because then the company would be forced to make a determination [25:56.440 --> 26:05.000] before they sent out a billing that in fact the person was acting in commerce. That would be [26:05.000 --> 26:14.360] another way to end it. Well, I mean, doesn't the broad interpretation of the commerce clause come [26:14.360 --> 26:21.000] into play? That even by traveling down the street you're involved in commerce? No, that's not a [26:21.000 --> 26:31.080] broad interpretation. No, no, traveling is not the same thing as driving. We have a right to travel. [26:33.320 --> 26:38.760] You know, if you're going to grandma's house, you're not in commerce when you just go to visit [26:38.760 --> 26:46.120] someone, okay? No, I'm sorry, we have a fundamental right to travel. This is very basic. The court's [26:46.120 --> 26:51.160] interpretation is very broad when it comes to commerce. No, this doesn't have anything to do [26:51.160 --> 26:58.680] with the courts. This is what the statute says. This is the traffic code. It is every line by line [26:58.680 --> 27:07.080] in the entire Texas traffic code. It's strictly regarding commerce. Eddie's been breaking it down [27:07.080 --> 27:15.720] for weeks. Jim, you're new to legal reform and you may still think that the courts are [27:15.720 --> 27:23.320] doing things the way somehow they're supposed to be doing it or in a way that it somehow comports [27:23.320 --> 27:32.120] with law. Right. That is simply not true. But the good news, however, is that the statute [27:32.120 --> 27:38.840] is on our side. Right, and the case law is too. Eddie will bring you up to speed on that. It's [27:38.840 --> 27:47.800] very clear on the fact that you cannot, that the license is for commercial drivers only. [27:47.800 --> 27:54.840] The state has just applied it to non-commercial drivers with no authority. And when we go to try [27:54.840 --> 27:59.480] to fight it, they just do whatever they want to. They hadn't had enough people like you who are [27:59.480 --> 28:10.040] willing to kick them in their teeth. Okay, if they rule against the, if they rule that the license [28:10.040 --> 28:17.320] is commercial, that wipes out massive amounts of revenue. And it also creates a problem where [28:17.320 --> 28:23.080] we'll have crazy people out there killing us on the highway. Oh, come on. So they're not going [28:23.080 --> 28:30.920] to, we're going to have a hard time getting traction directly there. However, because this [28:31.720 --> 28:38.760] red light camera is such a bogus way of enforcement, nobody's going to like that one. [28:39.880 --> 28:48.280] And ruling against this company wouldn't constitute a ruling against the entire [28:48.280 --> 28:55.080] traffic circumstance. Oh, okay. It would be a lot easier. This is driving a wedge under them. [28:56.120 --> 29:01.880] Yeah, and we don't need the government to have to force licenses on us so that we won't kill each [29:01.880 --> 29:06.200] other on the highway. I mean, that's ridiculous. I mean, human nature, we're not going to, we're [29:06.200 --> 29:11.000] not going to want to do that anyway. And besides, you know, tort will take care of that problem. [29:11.720 --> 29:17.240] What I'm always shocked at is when I talk to the people at the city and who really feel [29:17.240 --> 29:24.920] and who really feel, I think it's clearly for the money, but they put on the cloak of, [29:24.920 --> 29:29.800] you know, we are doing this to protect you from yourselves. And when in fact, [29:31.080 --> 29:37.160] it's just about the money. Exactly. Exactly. And we pointed that out about the licensing of [29:37.160 --> 29:42.280] private investigators. Okay. And the argument is that, well, you know, we can't have people [29:42.280 --> 29:46.440] running around hurting other people. Well, then they should make it a crime, but it's not a crime. [29:46.440 --> 29:51.160] It's just a, it's just a civil thing. It's just a fine. So it's just all about the money. [29:51.160 --> 29:54.520] All right, listen, we're going to break and then we have Dan from Connecticut on the line [29:54.520 --> 29:55.960] on the other side. We'll be right back. [29:58.680 --> 30:03.720] Gold prices are at historic highs. And with the recent pullback, this is a great time to buy [30:03.720 --> 30:08.600] with the value of the dollar risks of inflation, geopolitical uncertainties and instability in [30:08.600 --> 30:13.880] rural financial systems. I see gold going up much higher. Hi, I'm Tim Fry at Roberts and [30:13.880 --> 30:17.800] Roberts brokerage. Everybody should have some of their assets in investment grade, [30:17.800 --> 30:21.720] precious metals and Roberts and Roberts brokerage. You can buy gold, silver, [30:21.720 --> 30:26.040] and platinum with confidence from a brokerage that specialized in the precious metals market [30:26.040 --> 30:31.560] since 1977. If you are new to precious metals, we will happily provide you with the information [30:31.560 --> 30:36.520] you need to make an informed decision whether or not you choose to purchase from us. Also, [30:36.520 --> 30:40.520] Roberts and Roberts brokerage values your privacy and will always advise you in the [30:40.520 --> 30:45.160] event that we would be required to report any transaction. If you have gold, silver, [30:45.160 --> 30:52.520] platinum you'd like to sell, we can convert it for immediate payment. Call us at 800-874-9760. [30:52.520 --> 31:14.520] We're Roberts and Roberts brokerage 800-874-9760. [31:22.520 --> 31:50.520] So please Mr. Mack, let each officer not to abuse their power. Send a request [31:50.520 --> 31:57.320] to the leader, the captain of all officers. Tell them to uphold the law, [31:57.320 --> 32:02.680] or please don't abuse their power. They beat and they beat and they cheat and they cheat [32:02.680 --> 32:15.880] and they lie every hour. So Mr. Officer, please stop abusing your power. That's not how usually [32:15.880 --> 32:25.320] Pat says it. And we're not asking nicely anymore by the way. So we're filing criminal complaints. [32:27.000 --> 32:34.440] We're learning how to engage in civil litigation and how to file liens against their bonds. Okay. [32:34.440 --> 32:40.360] We're going to be hitting them hard in the commercial realm as well. So we are speaking [32:40.360 --> 32:48.680] with Eddie Craig and Jim Ash from College Station who has garnered enough petitions to get [32:49.320 --> 32:53.960] the red light camera issue on the ballot. We're going to go to Dan in Connecticut now. Callers, [32:53.960 --> 32:57.880] if you'd like to call in, we're going to have our guests with us for another half an hour [32:57.880 --> 33:02.840] to the top of the hour. So please call in 512-646-1984. And we're going to go to Dan [33:02.840 --> 33:05.400] right now. Dan, thanks for calling in. What's on your mind tonight? [33:05.400 --> 33:11.640] Oh, nothing much. I wasn't sure if you saw the email I sent you, subject blind cop who did his [33:11.640 --> 33:16.920] job. But you may remember I told you about they wanted to charge us to demonstrate at the Capitol. [33:17.960 --> 33:22.600] Right. One of the Capitol police stepped up and said, hey, something is wrong with this. [33:23.720 --> 33:26.920] Wow. And he talked to management and it was all straightened out. [33:28.040 --> 33:32.920] So y'all didn't have to pay for a permit or get a permit or anything? [33:32.920 --> 33:39.160] No. All I did was send an email to my state senator, my state representative, [33:39.160 --> 33:45.160] and everyone involved asking what statutes authorized this. And he stepped in and he saw it. [33:45.160 --> 33:49.480] You know, he was CC'd on it. He's like, yeah, something is really messed up about that. [33:50.120 --> 33:56.440] But I do have something that's going on in Meriden, Connecticut. I'm a little unsure how [33:56.440 --> 34:02.920] to proceed. But essentially what it is, is the town of Meriden is using a blight ordinance [34:03.720 --> 34:08.920] where they find or this, I think it's like a private community organization. It's supposed [34:08.920 --> 34:14.840] to preserve the community. They will see an unregistered vehicle on property and, you know, [34:14.840 --> 34:18.840] then they'll blight the property and they'll basically say, you got to go get it registered. [34:19.400 --> 34:26.120] Now, what happens if the owner doesn't get the vehicle registered is the judge will then issue [34:26.120 --> 34:30.600] a search warrant to tow the vehicle away. And then they'll basically charge the owner [34:30.600 --> 34:36.760] of the vehicle 88 bucks per day plus fines of up to $180 for the initial towing. [34:37.480 --> 34:42.680] Now, I'm kind of wondering, you know, how I should proceed with this. I'm thinking, [34:42.680 --> 34:46.120] you know, criminal complaints just on my end, even though I don't live there. [34:46.840 --> 34:52.280] But essentially, they're just taking property without a trial. You know, so it's, you can't [34:52.280 --> 34:56.200] even appeal it when they say that's blight. It's just what they say goes. [35:01.480 --> 35:05.800] So wait a minute. This is ordinance or state law? [35:05.800 --> 35:11.880] This is ordinance. Basically, you have this community organization just saying, [35:11.880 --> 35:13.480] okay, well this property is blighted. [35:14.280 --> 35:17.160] What community? I don't understand what community organization. [35:17.160 --> 35:22.680] Well, basically what happens is Merritt in Connecticut has a community organization that [35:22.680 --> 35:27.000] goes around and identifies blighted property. And if they see an unregistered motor vehicle, [35:27.000 --> 35:32.920] that's considered blight. And is there a state law statute? [35:32.920 --> 35:39.880] Is there any statute or what authorizes this? What creates this entity to do this? [35:41.320 --> 35:46.680] I believe it is city ordinance. And you can't even appeal it. You can't even say, [35:46.680 --> 35:50.120] hey, that's my vehicle, whatever. They decide it's blighted. That's the way it goes. [35:50.120 --> 35:52.440] So right off the bat, there's no remedy. [35:54.920 --> 35:58.440] And the way they get the vehicle off is the judge uses a search warrant. [35:58.440 --> 36:03.800] Is it's not a big enough issue for someone to fight up through the courts. [36:05.320 --> 36:09.960] So they're enforcing a clearly unconstitutional regulation, [36:09.960 --> 36:15.720] but it's too hard to adjudicate the issue so nobody does. [36:18.760 --> 36:21.000] Meanwhile, they're getting rich stealing private property. [36:21.880 --> 36:26.440] Yeah, exactly. I was thinking of just complaining to a judge on my own saying, [36:26.440 --> 36:31.080] hey, this is what these guys are doing. And then going to a grand jury myself. [36:31.080 --> 36:34.680] Well, if it's in violation of state law, then certainly you can do that. [36:34.680 --> 36:39.080] Yeah. I mean, you know, they're basically just deciding, hey, [36:39.080 --> 36:43.640] we want you to go register your vehicle, even though you're not and you own it. [36:44.200 --> 36:47.640] I mean, it's just a fundamental constitutional violation right there. [36:48.600 --> 36:55.480] Yeah. I would look through the statute. Well, listen, Dan, I want to get back to our guest [36:55.480 --> 36:58.600] because he has limited time. He's only going to stay till the top of the hour. [36:59.960 --> 37:02.520] Okay. I'll let you know what I find. [37:02.520 --> 37:07.560] Do you guys have red light cameras up there? I just want to stay on topic as much as possible [37:07.560 --> 37:12.440] while we have our guest. We do have red light cameras, [37:12.440 --> 37:14.920] but basically they're only triggered when you're speeding. [37:15.800 --> 37:20.200] I mean, the cops will tow them around, but we've seen less and less of them, thankfully. [37:22.120 --> 37:25.480] The cops will tow them around so they're not like posted. They're not like, [37:26.680 --> 37:29.000] they're not like built in at the infrastructure. [37:29.000 --> 37:33.240] No. Yeah. It's like a little lag and they can tow around with a police [37:33.240 --> 37:36.520] cruiser and just plant it somewhere. Okay. So they're not like set up. [37:38.520 --> 37:41.960] Yeah. That's a speed trap. It's not a red light camera. It's a speed trap camera. [37:45.960 --> 37:48.200] Okay. I'll let you guys get back to your guests. [37:48.200 --> 37:50.040] All right. Thank you, Dan. Okay. [37:51.720 --> 37:55.560] All right. Anyone out there who's had experience with red light cameras, [37:55.560 --> 38:02.840] please call in 512-646-1984. This is a topic at hand and I've noticed the signs going up around [38:02.840 --> 38:13.560] Austin. Jerry and I were driving down 360 and we came to one of the lights and it said, [38:13.560 --> 38:20.040] big, big brand new sign, enforced by camera. You know, it's like, [38:20.040 --> 38:28.600] we're like pulling the, you know, the blinders down. It's like, no, because like Eddie says, [38:28.600 --> 38:32.920] you know, they're using it for other purposes. We don't even know what kind of cameras these are. [38:32.920 --> 38:41.880] They could be hardcore high resolution digital cameras taking biometric data of us, not just [38:41.880 --> 38:50.440] a camera to, you know, film us running a red light in the license plate or whatever. I mean, this is [38:50.440 --> 38:56.280] unacceptable. Well, when I've approached American Traffic Solutions to get [38:57.480 --> 39:03.160] access to the actual resolution photo, the photo they show you when you, if you get a [39:03.160 --> 39:10.360] photo-enforced ticket, the film, if you will, or the video that they show you over the web, [39:10.360 --> 39:15.880] is not at a resolution where you can even read the license plate as the vehicle goes through. [39:15.880 --> 39:21.080] So, most people look at the vehicle and they say, yeah, that's my car. It looks like my car. [39:21.080 --> 39:26.040] Well, wait a minute. We should be able to get the original or at least an identical copy of the [39:26.040 --> 39:31.000] original through open records if they're using it to enforce a statute. [39:31.000 --> 39:39.640] You know, it is, I can understand why rule of law has attacked this because this is, it's just a pile [39:39.640 --> 39:50.440] of dung when it comes to the connections about, it's a civil action that they bring against you. [39:50.440 --> 39:57.240] At the same time, it's a criminal action under section 544 of the traffic code. And they're [39:57.240 --> 40:05.240] pursuing you under 701 of the traffic code, which is the civil enforcement of photo enforcement. [40:06.600 --> 40:13.080] And it's my assertion that the 14th Amendment provides equal protection under the law. [40:13.080 --> 40:19.400] And the City of College Station, if a police officer gives you a citation, you have the right [40:19.400 --> 40:25.560] to a jury trial, you have the right to appeal, you have the right to face your accusers, you have the [40:25.560 --> 40:31.240] right to face your accuser. All those rights are part of the criminal charges that they're bringing [40:31.240 --> 40:36.840] against you, notwithstanding the discussion about commercial vehicles. But when they bring the [40:36.840 --> 40:42.680] photo enforcement against you under 701, you have no right to appeal. You have no right to a jury [40:42.680 --> 40:48.680] trial, even of the civil, if they're bringing a civil action against you, and you have no right to [40:48.680 --> 40:49.560] a jury trial. [40:49.560 --> 40:50.680] Well, what says who? [40:50.680 --> 40:51.320] You have no right to appeal. [40:51.320 --> 40:51.800] Says who? [40:51.800 --> 41:00.600] Says who? Says the statute, which is, when I put my web page up, I sat down and just started reading [41:00.600 --> 41:07.160] through the items. In the state of Texas, the state constitution says that the Supreme Court of the [41:07.160 --> 41:13.880] state of Texas will establish what civil procedures are, not the Senate. By passing this law, [41:13.880 --> 41:18.120] they established that it's a civil case, and you have no right to a jury trial. [41:18.120 --> 41:24.440] And you have no right to appeal. And yet, it's a civil action in the broadest terms of it. [41:26.200 --> 41:32.360] But then, what is this that you're saying that also falls under a certain section of the criminal [41:32.360 --> 41:33.720] code, of the traffic code? [41:34.200 --> 41:40.920] Right. Proceeding against a solid red signal, crossing that little stop line on the road, is [41:40.920 --> 41:46.920] against section 544 of the Texas transportation code. That's what you and I, until they hear [41:46.920 --> 41:51.400] you and I, until they did photo enforcement, that's what we always call running a red light. [41:51.400 --> 41:57.160] Well, if they're going to try to enforce something or charge you under that criminal statute, [41:57.160 --> 42:00.040] then you have all the remedies at your hand. [42:00.840 --> 42:10.040] Correct. But by doing a photo-enforced red light camera ticket, it's not under section 544. [42:10.600 --> 42:16.200] So that's the technical law you broke. You broke a civil violation. [42:16.200 --> 42:17.960] Okay. A civil charge against you. [42:19.080 --> 42:24.600] And it puts it in a whole other flow of justice. [42:24.600 --> 42:30.680] No. They're trying to have their cake and eat it too, okay? It either falls under the criminal [42:30.680 --> 42:37.400] statute or it doesn't. I mean, if they're going to initiate civil litigation against you, [42:37.400 --> 42:41.880] then it's civil, okay? And if they're going to do criminal, it's criminal. But [42:41.880 --> 42:48.280] if you have one way or the other, they could actually have both. But if they want to charge [42:48.280 --> 42:51.880] you under the criminal, they have to charge you under the criminal. I mean... [42:51.880 --> 42:52.680] Correct. [42:52.680 --> 42:54.600] So what's the deal? [42:55.720 --> 43:02.920] People of the state of Texas have better wake up about this because in the legislature during [43:02.920 --> 43:11.720] this session were billed to send the owner of the vehicle to a three to four hour re-education, [43:11.720 --> 43:19.400] safety intersection, safety course, in addition to the civil penalty they charge you. [43:19.400 --> 43:21.800] Is this the state statute you're saying? [43:22.360 --> 43:28.680] Yes. They're passing laws that say that you're going to face civil penalties. The state will [43:28.680 --> 43:34.360] mandate that you attend a re-education class on safety intersection safety. [43:34.360 --> 43:36.680] If you're the owner of the vehicle? [43:36.680 --> 43:44.120] The owner of the vehicle could be the city has the option. So when the city vehicle gets a ticket, [43:44.120 --> 43:50.520] nobody at the city goes to the safety course, but they have the option of sending you to a safety [43:50.520 --> 43:52.200] course on intersection safety. [43:52.200 --> 43:54.920] Is that under the criminal section of law or civil? [43:55.480 --> 43:56.040] Civil. [43:56.040 --> 43:59.080] But then they... Okay. So if it's under civil, then they can't enforce it then. [44:01.000 --> 44:01.640] Don't do it. [44:01.640 --> 44:06.840] Well, what they do, if you do not do that, they will not register the vehicle [44:07.400 --> 44:09.720] that they caught running through the red light on the camera. [44:09.720 --> 44:17.400] Good. Because we shouldn't be registering them anyway. We don't have to. That's right. [44:17.400 --> 44:20.280] We're not engaged in commercial activity anyway. So good. [44:20.280 --> 44:27.240] I understand. We're talking about the masses of people out there that were just like I was six [44:27.240 --> 44:32.120] months ago. And hey, we're just trying to get along. And we think that people are watching [44:32.120 --> 44:37.080] out for our rights. And I guarantee people that are sitting on the couch thinking that [44:37.080 --> 44:42.440] the government or the city council or the county board of directors or whatever it is, [44:42.440 --> 44:49.240] is watching out for you, you are sadly mistaken. It is time for us to get up off the couch and [44:49.240 --> 44:56.280] get out into the streets and get this done. If we sit there long enough, we won't have a country. [44:57.960 --> 45:04.760] Well, you're right there. If I can interject for just a second regarding section 544. Now in 544, [45:04.760 --> 45:10.200] I can only find one section that makes anything a criminal offense. And that's only when you're [45:10.200 --> 45:15.320] using a traffic control signal preemption device. In other words, a device that can trigger the [45:15.320 --> 45:20.920] timing or change the timing of the lights in order to make them all green for you or whatever. [45:20.920 --> 45:26.440] That's the only place I can find in 544 where an offense is even mentioned. So it's a good [45:26.440 --> 45:31.160] possibility they've either amended and removed the language or what you're looking at for your [45:31.160 --> 45:37.240] amendment has not yet made it to the revised section on the website. But right now, it would [45:37.240 --> 45:43.080] show that there is not a criminal statute in place for this, only the civil, which is what I've [45:43.080 --> 45:48.600] discussed with Aaron and the fact that if it is being used as a civil offense, then it is absolutely [45:50.040 --> 45:55.480] inconceivable that a municipal court can be the court of appeal. Because municipal courts are not [45:55.480 --> 46:01.400] granted civil jurisdiction in Texas. They are criminal only. And only if that crime is [46:01.400 --> 46:08.680] chargeable with a fine up to a certain dollar amount. You know, I agree with you. And when I go [46:08.680 --> 46:13.800] in and talk to the judge here in College Station, he even agrees with me, but he will not rule [46:13.800 --> 46:19.720] in my favor. Then file criminal charges because he's ignoring what the written law says. [46:19.720 --> 46:23.880] Yeah, and then go through the process that you need to go through to file a lien against his bond. [46:23.880 --> 46:25.560] That's where you really hit him hard. [46:28.520 --> 46:31.240] Well, I can tell I got a lot of homework to do on this. [46:31.240 --> 46:37.560] Oh, us too. I mean, really, we've been studying this stuff for years. I mean, [46:37.560 --> 46:43.080] and I'm certainly no expert. I mean, Randy and Eddie and these guys, they're way far [46:43.800 --> 46:51.080] more along than I am. You know, I'm just learning this stuff. I mean, all the hosts on this network, [46:51.080 --> 46:56.840] I mean, we're just teaching ourselves. But we all have to do this. We all have to do this. [46:56.840 --> 46:59.160] We want to take our country back and take our sovereignty back. [46:59.160 --> 47:07.960] Well, you know, what's happening in a broader sense around the more traditional side, [47:07.960 --> 47:15.320] people that are bringing lawsuits against ATS, ATS has taken the position that, you know, [47:15.320 --> 47:23.080] they're going to file charges back against the lawyers that are doing it. I have a situation [47:23.080 --> 47:29.640] here in Texas where an attorney just stopped his case because of the work that ATS is doing to [47:30.600 --> 47:37.320] push down and they have a distinct business interest in the state of Texas. American [47:37.320 --> 47:45.000] Traffic Solutions makes $500,000 a year in the city of College Station. They are conflicted, [47:45.000 --> 47:53.960] but even under the broadest concepts of the old law where it was a sworn officer, [47:55.320 --> 48:02.760] this company has a commercial interest in ensuring that the largest number of people get tickets [48:03.640 --> 48:08.920] in the city of College Station. That's their interest and their interest is protecting [48:08.920 --> 48:15.240] their revenue stream. And that is not in the interest of the general public. That's in the [48:15.240 --> 48:22.440] interest of the city. A World War II veteran told me this past weekend, he said, this is exactly [48:23.400 --> 48:29.880] like when a commercial company comes to the Disabled Veterans Association and says, [48:29.880 --> 48:38.040] if you will lend us your good name and we solicit funds from the public, we will give you a 10% cut [48:38.040 --> 48:44.840] of what we take. American Traffic Solutions, in my opinion, came to this city, offers them a [48:45.800 --> 48:52.040] contract in which they guarantee it will not cost the city any money and they say, [48:52.040 --> 48:57.880] at the end of the day, you can have $200,000 to $300,000 a year to spend on traffic or whatever [48:57.880 --> 49:04.840] you need to. And the city bought off on it and the city has sold under the color of law now [49:04.840 --> 49:12.040] citizens that don't know any better are complying and sending them $75 a whack to the tune of $1.25 [49:12.040 --> 49:25.960] million last year. Incredible. It's a tough situation here. I believe that ultimately, [49:25.960 --> 49:31.160] when we get into the polls in November, that we will throw red light cameras out of the City [49:31.160 --> 49:35.560] of College Station and then we'll take this campaign to the next city and the next city and [49:35.560 --> 49:44.440] the next city until we get those companies out of the state. Well, Jim, I wish I could agree with [49:44.440 --> 49:54.840] you. I really, really do, but I can't because I've studied too much. I know too much about [49:54.840 --> 50:01.960] our elections and what is going on in the complete and utter and total fraud. Even the state [50:01.960 --> 50:08.440] examiners appointed by the Secretary of State himself admit in their own reports posted on the [50:08.440 --> 50:14.520] Secretary of State website that the voting machines can't count. They have to pre-program in [50:14.520 --> 50:21.720] the election data and the results in order to even get the things to work. It's complete and total [50:21.720 --> 50:28.120] utter fraud. Our elections are a complete and total sham period. It's been that way for a long [50:28.120 --> 50:37.000] time. We should be able to make change at the polls, but right now I know we can't. I know we [50:37.000 --> 50:43.800] can't. Vicki and Karen from Vote Rescue have been trying for years to get a bill passed in our state [50:43.800 --> 50:51.720] legislature to require hand counted paper ballots in public view because even if you have paper [50:51.720 --> 50:58.040] ballots, if they're scanned by optical machines or tabulated somehow by any other electronic means [50:58.040 --> 51:03.080] or mechanical means, they ain't going to work. The only way it's going to work is if there are [51:03.080 --> 51:10.440] human beings counting pieces of paper with us standing over them and watching and making sure [51:10.440 --> 51:16.120] that every tick mark goes in the correct column and that they're added up correctly under camera [51:16.120 --> 51:22.360] and that the totals are posted on the precinct door. All of this has to be done at the precinct. [51:22.360 --> 51:30.120] None of this BS of taking the ballots to some central convention center or whatever because [51:30.120 --> 51:35.640] you lose a chain of custody. I want to sit there. I want to make sure as a member of the public, [51:35.640 --> 51:41.480] I want to make sure as a sovereign that the box is empty to begin with. I'm going to watch [51:41.480 --> 51:46.600] all day long as the votes go in the box one by one. I'm going to watch as they're taken out of [51:46.600 --> 51:52.120] the box one by one and I'm going to stand over the election officials and I'm going to make sure they [51:52.120 --> 51:56.280] mark the tick marks in the correct column. I'm going to make sure they're added correctly and [51:56.280 --> 52:01.800] that the correct totals are posted on the precinct door and drive around to all the precincts and [52:01.800 --> 52:07.400] make sure that the correct totals are reported to the county, all right, to be reported to the state [52:07.400 --> 52:13.480] and everybody's going to have to do that in every county or else we're never going to have real [52:13.480 --> 52:20.200] elections. Right now, I believe the only way we're going to get this done is in the courts, all right? [52:20.200 --> 52:29.960] Criminal charges, civil litigation and now we got the big guns, commercial. And once we get this [52:29.960 --> 52:41.960] situation under control, which is completely off the charts, then we can return to normalcy of [52:42.680 --> 52:49.720] being able to make change by petitioning our legislators and at the polls. But right now, [52:50.280 --> 52:55.880] no way, no way. I'm sorry. I hate to break the news to you guys, everyone out there listening, [52:55.880 --> 53:02.200] but it's too late for that. You're way far gone past that, way far gone. The only way we're going [53:02.200 --> 53:09.320] to get this done is in the courts right now. It sounds like you're for the return of rule of [53:09.320 --> 53:18.280] law or something. Well, something like that, yeah. Exactly. Well, you know, it's a struggle. [53:19.240 --> 53:25.480] I feel like I'm really at the very beginning of a journey. My wife and I say this is not [53:25.480 --> 53:32.280] a sprint, it's a marathon. Once you get up and once you get involved in this, and the more you [53:32.280 --> 53:39.080] know, the more you exercise the Freedom of Information Act, the other information, the more [53:39.080 --> 53:46.360] you realize that, and I really believe that the city in this case is going to do whatever the city [53:46.360 --> 53:53.640] wants to do. They don't pay attention to what the law says as far as they're concerned when it's in [53:53.640 --> 54:01.480] their convenience to violate the law. And, you know, we have to work our redress if it gets worse. [54:02.040 --> 54:08.440] Hey, if they won't do what they're statutorily required to do, then we have to start suing them [54:09.240 --> 54:14.200] and, or in your case, file criminal charges on them. We have to start suing them. We have to [54:14.200 --> 54:18.440] start filing criminal charges. We have to learn commercial law, which is very complex. [54:18.440 --> 54:24.760] I have called the county attorney, and the county attorney will not even take my phone call. [54:26.440 --> 54:33.160] He says he does not take complaints from a citizen. So, you know, when you're up against that, [54:34.360 --> 54:38.360] you just got to keep working it any way you can. And this is the way I found to work it at this [54:38.360 --> 54:44.600] stage, which is to do the petition. Wait a minute, wait a minute. Does the county [54:44.600 --> 54:53.720] attorney act as a prosecutor for the city? You know, I don't know if it's, you know... [54:53.720 --> 54:59.720] You need to find out. This is real important. Because the statute, Article 2.03, [55:00.760 --> 55:07.320] Code of Criminal Procedure says when a prosecuting attorney is made known that a crime has been [55:07.320 --> 55:11.320] committed, that a public official has violated a law relating to his office, he shall reduce [55:11.320 --> 55:16.200] plaintiff information submitted to the grand jury. It does not say when a district attorney [55:16.760 --> 55:23.800] or county attorney, it says a prosecuting attorney. And it may not be construed that the law, [55:23.800 --> 55:30.040] that the legislators somehow missed that point. He has a duty. He doesn't take complaints from [55:30.040 --> 55:37.880] citizens. I would file criminally against him. Okay. Well, I'll ensure that he's a prosecuting [55:37.880 --> 55:45.080] attorney and I'll ask him the same question tomorrow. It's good. The first thing to do is [55:45.080 --> 55:46.680] get him in a bar grievance. This is a very profitable job for me. [55:49.640 --> 55:55.400] This is good. This is me for a bar grievance. If he's a municipal attorney, he's also practicing [55:55.400 --> 56:01.960] law. Correct. Hey, Randy? Yes. Now, be aware, however, if this guy is a county attorney, [56:01.960 --> 56:06.920] all right, he can only prosecute in the municipal court if it's a violation of state law. [56:06.920 --> 56:14.920] No, no, I'm saying he is a prosecuting attorney, not a county attorney. He is an attorney for the [56:14.920 --> 56:22.440] state. Yes. If he's acting as a prosecuting attorney, he falls under 2.03, even if he is [56:22.440 --> 56:28.360] municipal. Well, the issue that I was bringing to the, at that point, the county attorney, [56:28.360 --> 56:33.160] not knowing whether he was truly a prosecuting attorney, is the use of the photo-enforced [56:33.160 --> 56:39.000] recorded images from the photo enforcement equipment for purposes other than pursuing [56:39.000 --> 56:45.400] people for notices of violation, i.e. the city plays them on every advertisement and they will [56:45.400 --> 56:53.880] be playing them on through November or September, November of this year. Wait a minute. Were you [56:53.880 --> 57:03.800] talking to a county attorney? Yes. He definitely falls under. Yeah, 2.05. Absolutely. Yeah, 2.03. [57:03.800 --> 57:10.600] Well, Randy, however, slide correction. 2.03 specifically addresses the duty of the attorney [57:10.600 --> 57:15.640] representing the state. A municipal attorney does not have the power or authority to submit [57:15.640 --> 57:24.440] to a district court judge. Not according to this section. It is an attorney for the state. That [57:24.440 --> 57:30.840] would only be the attorney general, the county, or the DA. Okay. Well, that goes to your argument [57:30.840 --> 57:39.880] that a municipal attorney has no power to prosecute. State offenses in municipal court. Traffic [57:39.880 --> 57:45.480] court. Yeah. Right. They are, they're acting in that capacity. So if they want to stand in that [57:45.480 --> 57:51.880] capacity, let's hold them to that capacity until we prove that they can't act in that capacity. [57:53.960 --> 58:00.200] Well, when I go to traffic court, a municipal attorney stands in the capacity of an attorney [58:00.200 --> 58:06.920] representing the state. Let's sting him with it. Well, if they're quite famous from here, [58:06.920 --> 58:15.480] to use those images for any other purpose. Okay. We're about to go to break and. [58:17.320 --> 58:21.000] Yeah, we're going to, we're going to break. Thank you so much, Jim. And, [58:21.000 --> 58:24.920] and your website again, plug your website so people can go and check you out. [58:24.920 --> 58:31.480] It's civilviolation.com. Civilviolation.com. Civilviolation.com. Thank you all so much for [58:31.480 --> 58:37.320] the invitation and thank you for a little bit of guidance. All right. We support you in your [58:37.320 --> 58:41.000] efforts. We got to stop these red light cameras and we've got to stop all the tyranny in general. [58:41.000 --> 58:45.640] Thank you so much for joining us. All right. We'll be back on the other side with Eddie, [58:45.640 --> 58:50.680] Randy, and myself. We got Brian from Pennsylvania on the line. Callers, if you'd like to call in [58:50.680 --> 59:02.440] 512-646-1984. We'll be right back. [59:50.680 --> 01:00:05.240] You are listening to the rule of law radio network at ruleoflawradio.com [01:00:05.240 --> 01:00:21.000] Live free speech talk radio at its best. [01:01:05.240 --> 01:01:28.760] All right. We are back. The rule of law, Randy Kelton and Deborah Stevens. We are here with Eddie [01:01:28.760 --> 01:01:34.760] Craig. We're talking about the traffic code, the red light cameras, and whatever else may happen [01:01:34.760 --> 01:01:44.200] to be on your mind. This is the rule of law. And we are going to speak now with our caller, [01:01:44.200 --> 01:01:48.360] Brian from Pennsylvania. Brian, thanks for calling in. What's on your mind tonight? [01:01:49.080 --> 01:01:56.120] Good evening, everybody. Well, I did want to address your last guest amongst other things, [01:01:56.120 --> 01:02:01.640] but he's gone now, right? Yes, he is. Yes, he is. But go ahead and speak your mind. [01:02:01.640 --> 01:02:07.720] Yes, well, maybe he'll be listening in. I had a couple of issues with those cameras. And, [01:02:08.440 --> 01:02:13.720] you know, I addressed it, you know, pretty simply. And, you know, I'm relatively naive, and [01:02:13.720 --> 01:02:20.520] I don't have any signs now assessed afterwards. And I basically just told them that I had the [01:02:20.520 --> 01:02:25.240] right to be faced by my accuser, and I wanted to have an incredible fact witness brought before me. [01:02:25.240 --> 01:02:32.520] And there was, you know, no way that they could also prove that they should even be getting [01:02:32.520 --> 01:02:37.560] involved with it, because if there was any contractual obligation, it would be between [01:02:37.560 --> 01:02:41.720] the two parties that they claimed to represent, and I wouldn't have given permission for a third [01:02:41.720 --> 01:02:48.840] party interloper. And that pretty much all went away. And that's kind of how I handled it. [01:02:48.840 --> 01:02:56.120] Yes, that's the other point that I brought up to Aaron before, was that in a civil offense, [01:02:56.120 --> 01:03:01.080] where's the contract? Produce evidence that there is an agreement between you and I that I breached. [01:03:03.240 --> 01:03:11.160] Right. And they couldn't. And so I've got, I believe, two from Pennsylvania and one from [01:03:11.160 --> 01:03:22.360] Maryland that are no longer. Were they struck them down? Yeah. Well, actually, I got an apology. [01:03:22.360 --> 01:03:27.160] I was looking to so I could actually read it word for word, but I guess it was from 2008, [01:03:27.160 --> 01:03:32.600] and I had already filed those documents away in my attic. But I did get an apology letter, [01:03:32.600 --> 01:03:38.040] one from, I'm pretty sure it was the one that I had from the state of Maryland, stating that, [01:03:38.040 --> 01:03:43.960] you know, we apologize for any inconvenience and please keep this paper handy if you have anything [01:03:43.960 --> 01:03:49.560] in the future from us about the citation number or whatever. Wonderful. [01:03:50.280 --> 01:03:55.560] Yeah, it was pretty nice. Nice to hear somebody wins one on occasion. [01:03:56.600 --> 01:04:02.840] Yeah, and you know, it wasn't really that much of a fight. I just sent them a letter. And I'm not [01:04:02.840 --> 01:04:08.840] sure, you know, I don't have the knowledge base that I even had six months ago. So I'm not sure [01:04:08.840 --> 01:04:15.400] if I had sent that one certified return receipt that might have been notarized. But whatever the [01:04:15.400 --> 01:04:23.320] case, you know, there was an affirmative response that was pleasing to me. Well, the mail can be [01:04:23.320 --> 01:04:29.720] used really powerfully. I was just talking to someone today about an issue in Florida, [01:04:29.720 --> 01:04:36.280] and they sent certified mail to a grand jury. And the grand jury didn't get it. [01:04:38.040 --> 01:04:44.440] And they went to the postal inspectors. And the postal inspectors went down to find out where this [01:04:44.440 --> 01:04:51.720] mail went. And it seemed that the person in the mail room was directed by the US attorney [01:04:51.720 --> 01:05:02.280] to just send that those documents to him who signed for it. He's going to sign anything more [01:05:02.280 --> 01:05:07.800] than a mail receipt for a while. So the guy you're so Randy that you're just saying like the low [01:05:07.800 --> 01:05:13.560] level schmuck in the mail room. Yeah, he signed for this stuff. And then the prosecutors telling [01:05:13.560 --> 01:05:18.760] him to just give them to him. And now he's got they've got the postal inspectors all over [01:05:18.760 --> 01:05:25.160] all over the the attorney. I mean, all over the US attorney want to know what he's doing with [01:05:25.160 --> 01:05:31.000] them. Well, it's about time. It's about time because we have a fundamental right to access [01:05:31.000 --> 01:05:38.200] a grand jury. And in Texas, it's even enumerated in statute, which isn't even necessary, but it is [01:05:38.200 --> 01:05:44.600] twice. So we're making headway. We're, we keep hanging in there and keep pounding on them. [01:05:44.600 --> 01:05:51.960] In my case, I'm making headway. Tomorrow, I go before a justice of the peace in Roanoke. [01:05:53.960 --> 01:06:02.840] And in Cherokee County, they filed criminal charges against me for operating a investigating [01:06:02.840 --> 01:06:10.440] company without a license. So they wanted me to go to Cherokee County, and I decided that was a [01:06:10.440 --> 01:06:18.280] bad idea. So instead of going to Cherokee County, I went to a justice of the peace here in Denton [01:06:18.280 --> 01:06:29.480] County. And he's gonna hold an examining trial. And I'm hoping that I could get him to attach [01:06:29.480 --> 01:06:38.200] witnesses. The guy who wrote the who filed the complaint, county attorney and the county judge, [01:06:38.200 --> 01:06:48.360] I want them as witnesses on the stand under oath. So that will be interesting. So he will have a [01:06:48.360 --> 01:06:55.800] hearing tomorrow. And what I expect him to do is set bail and set a date for an examining trial. [01:06:57.560 --> 01:07:02.600] And then if he doesn't attach these witnesses, I subpoena them. [01:07:02.600 --> 01:07:07.560] That's going to get interesting. And then later in the day, I'll be going to the district attorney [01:07:07.560 --> 01:07:19.320] in Wise County. Because they sent me a summons from Cherokee County. The summons sent to Wise [01:07:19.320 --> 01:07:27.080] County. The summons doesn't state what it's for. And it's not signed by the judge. It's signed by [01:07:27.080 --> 01:07:36.520] and it's not signed by the judge. It's signed by the criminal court coordinator. Now I didn't know [01:07:36.520 --> 01:07:45.320] she had the authority to issue summons. But even if she does, this summons is based on a bogus [01:07:45.320 --> 01:07:56.840] warrant. The warrant was issued, which I will maintain by a judge on the same day that I filed [01:07:56.840 --> 01:08:06.360] 11 criminal charges against him with the grand jury. That he accepted the complaint, even though [01:08:06.360 --> 01:08:15.720] it stated no criminal action, in order to intimidate me and keep me from witnessing against him. [01:08:15.720 --> 01:08:25.720] That's a violation of 3605 penal code. Do what? [01:08:25.720 --> 01:08:27.720] Tampering with a witness, right? [01:08:27.720 --> 01:08:35.320] Tampering with a witness. And tampering with a witness for the purpose of obstructing justice, [01:08:35.320 --> 01:08:49.080] 3606. And since the document was sent to me in Wise County, the venue lies where the document [01:08:49.080 --> 01:09:00.680] was sent from or where it was sent to. So I'm moving for venue in Wise County and I will charge [01:09:00.680 --> 01:09:12.200] this Cheryl Martin, the county judge, Craig Fletcher, county attorney, Craig Caldwell, [01:09:13.320 --> 01:09:21.880] and chief of police of the city of Russ, Joe Evans, with aggravated perjury, subordination [01:09:21.880 --> 01:09:31.080] of perjury, felony tampering with the government document, conspiracy to commit, tampering with [01:09:31.080 --> 01:09:40.360] a witness, obstruction of justice. We're going to dance. And I may get them up to Wise County [01:09:40.360 --> 01:09:46.280] for their own little arraignment hearing and own little examining trial. And we'll see how this [01:09:46.280 --> 01:09:57.800] works out. So I'm not in jail yet, but I did tell the justice of the peace to ask his bailiff to oil [01:09:57.800 --> 01:10:08.680] up his cuffs. Am I still up, guys? I'm sorry, Brian, go ahead. I just want to know if I was [01:10:08.680 --> 01:10:14.280] still up. Yes, you are. Yeah, go ahead. I got more to inquire about, but I didn't want to interrupt [01:10:14.280 --> 01:10:19.560] and just be impatient here. No, go ahead. Go ahead. Go ahead. All right. Well, I want to keep going. [01:10:19.560 --> 01:10:25.480] I'm okay with listening, but I wanted to ask you guys more on another topic besides the previous [01:10:25.480 --> 01:10:34.120] guest about motion forms. And I actually wanted to go into detail on the rule for preliminary [01:10:34.120 --> 01:10:39.240] objections in my state. First, I was hoping you guys could address some questions I had about the [01:10:39.240 --> 01:10:50.520] form of motion that isn't addressed in my rule of court. I noticed here on the motions some examples [01:10:50.520 --> 01:11:00.360] that Eddie had sent me that it seems to be similar to what I received filed against me where, you know, [01:11:00.360 --> 01:11:06.920] at the top of the page, there's supposed to be three inches of blank for, you know, dance and [01:11:06.920 --> 01:11:15.320] what have you. But at the very top left, before there's the whoever versus whoever, there's a [01:11:15.320 --> 01:11:21.640] little bit of a header with the third party that's trying to intervene here. And I do see somewhat of [01:11:21.640 --> 01:11:28.360] the same structure on the examples that I got from Eddie. And I'm wondering if that's just the case [01:11:28.360 --> 01:11:34.680] of when it goes back and forth, does that is change? And whoever filed puts their information [01:11:34.680 --> 01:11:44.040] in that particular spot. I think you're assuming that the motion form is more detailed than it [01:11:44.040 --> 01:11:55.960] really is. The style of the motion is, for the most part, relatively general. Each state has kind of a [01:11:55.960 --> 01:12:04.520] look that they like to see. But essentially, if you have the parties and the court and the date, [01:12:05.080 --> 01:12:10.680] have all this certain information on there, it constitutes a motion. Rather you put in a header [01:12:10.680 --> 01:12:20.200] or a footer is a matter of style. Those are things that don't go to substance. [01:12:20.200 --> 01:12:26.040] Have you studied the jurisdiction dictionary course yet, Brian? [01:12:26.680 --> 01:12:31.160] Yeah, I have. And that was kind of what made me think more so of what Randy was just saying. And [01:12:31.160 --> 01:12:37.160] maybe I was overthinking it because the forms that I saw there and what I learned with that course [01:12:37.800 --> 01:12:41.720] made me think that I was doing everything correctly. But then when I looked at other [01:12:41.720 --> 01:12:45.720] people's motions, you know, that I could find online or that people had forwarded me, [01:12:45.720 --> 01:12:50.920] you know, I saw somewhat of a different style, but it didn't seem to really be cohesive. [01:12:50.920 --> 01:12:55.560] And so I figured that I could have free reign so long as I didn't know the rules of court. [01:12:55.560 --> 01:12:57.240] I just wanted to, you know, clarify. [01:12:57.240 --> 01:13:02.600] As long as you have the basic information that's needed. You know, some courts say they [01:13:02.600 --> 01:13:08.920] want it double-spaced. They want it a certain font size. But if you don't do it right, [01:13:09.640 --> 01:13:14.680] if you make some little foo-paws in the motion, as a rule, they'll send it back to you and tell [01:13:14.680 --> 01:13:23.960] you to fix it. It doesn't harm the motion. The motion can't be denied for lack of form as a rule. [01:13:24.920 --> 01:13:30.920] And I can pull up a dozen motions from the same court and none of them look alike. [01:13:31.720 --> 01:13:36.040] They're basically, they'll look similar, how the heading is structured and such, but [01:13:36.840 --> 01:13:37.880] some of them have a line. [01:13:37.880 --> 01:13:44.520] Go ahead. Go ahead. That was Eddie. I muted him. Go ahead. [01:13:45.480 --> 01:13:46.680] He keeps flushing the toilet. [01:13:48.680 --> 01:13:49.480] Go ahead, Randy. [01:13:50.520 --> 01:13:54.600] Some of them have a line down the side. Some of them will number every line. [01:13:54.600 --> 01:13:59.960] These are just stylistic differences. So they're not that important. It doesn't go to substance. [01:13:59.960 --> 01:14:04.360] Right. That was part of my next question too. [01:14:04.360 --> 01:14:14.840] I do my motions in a way that make them appear easy to read. I make changes like when I do a [01:14:14.840 --> 01:14:23.480] quotation, I shrink it from both sides. I set it to single space and one font down so that when [01:14:24.120 --> 01:14:29.720] someone is reading the document and they come to a quotation, they know for certain that that's [01:14:29.720 --> 01:14:38.920] separated out, that that's separate from what I've put into the document, that they know where the [01:14:38.920 --> 01:14:43.480] quotation starts and where the quotation ends. So if they're familiar with it, they just jump [01:14:43.480 --> 01:14:50.440] right over it. It's just about making it easy to read and it has nothing to do with how specific [01:14:50.440 --> 01:14:55.400] they are on structure because they're not. Well, I did find specificity just like that [01:14:55.400 --> 01:15:00.680] though in the PA Civil Rules of Procedure, specifically talking about when you're going [01:15:00.680 --> 01:15:05.480] to have an inserted quote, that's the only time that you can use single space if it is a certain [01:15:05.480 --> 01:15:12.760] length, but never can it be less than 12 points, it specifically says. And then in the Rule 1028 [01:15:12.760 --> 01:15:17.480] for preliminary objections that I did want to go over if I have time, it does one of those [01:15:17.480 --> 01:15:22.680] preliminary objections is for failure of a pleading to conform to law or rule of [01:15:22.680 --> 01:15:31.640] court or inclusion of scandalous or impertinent matter. But that will never overrule it. You [01:15:31.640 --> 01:15:37.240] won't have a motion ruled against because of that ever. If they have a complaint about it, [01:15:37.240 --> 01:15:43.400] they just send it back to you. I was in court once and a brand new attorney, the kid was about 25 or [01:15:43.400 --> 01:15:53.000] 26. And the judge, the district judge hated me, but the attorney gave me some case law because he [01:15:53.000 --> 01:15:58.680] had submitted it to the court and he gave some to the court and I looked at it and he had photographed [01:15:58.680 --> 01:16:07.400] two pages of a law book on one eight and a half by 11. And I looked at that thing. I said to the [01:16:07.400 --> 01:16:14.120] judge, Your Honor, does the court have a magnifying glass? And the judge was kind of taken aback. He [01:16:14.120 --> 01:16:19.720] looked down at it, picked these papers up and threw them across the courtroom and told his attorney, [01:16:19.720 --> 01:16:24.680] don't you ever bring any garbage like that back in my courtroom. I'm almost blind already. [01:16:26.920 --> 01:16:29.320] But he was just a new attorney. [01:16:29.320 --> 01:16:36.760] Okay. Randy, didn't you say something like to the judge, like, Your Honor, does the court [01:16:36.760 --> 01:16:43.080] have a magnifying glass? And he was like, what? And then he grabbed the documents and looked at [01:16:43.080 --> 01:16:48.360] him and threw them all over the court. Get it out of here. Don't you ever bring me anything like [01:16:48.360 --> 01:16:54.120] this again. All right. He was a young attorney. He was teaching a lesson. Exactly. All right. [01:16:54.120 --> 01:17:02.360] We're going to break. Callers call in. We'll be right back. You invest, you buy insurance, [01:17:02.360 --> 01:17:07.400] you wear your seatbelt, you do things to ensure your family's future and protection. But why? [01:17:07.400 --> 01:17:12.840] Just in case with the current state of affairs, ask yourself, am I ready? Preparation starts at [01:17:12.840 --> 01:17:18.600] survivalgearsource.com. 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We're here with [01:18:50.040 --> 01:18:57.080] Brian from Pennsylvania. We were talking on the break about just the content, things we were [01:18:57.080 --> 01:19:05.320] discussing tonight. The subject came up concerning, well, you know, maybe some people think we're just [01:19:05.320 --> 01:19:13.000] ivory tower scholars studying the law and trying to figure all these things out and what they really [01:19:13.000 --> 01:19:20.920] mean and maybe people would rather that see us or hear us talking about going out there and actually [01:19:20.920 --> 01:19:25.880] kicking some butt, you know, and what have we gotten done lately and things like that. [01:19:25.880 --> 01:19:32.440] And Randy and we all are doing stuff, you know, but it's like, well, how many people have you [01:19:32.440 --> 01:19:40.280] gotten indicted yet or things like this? And I have to say something here, okay? Our system, [01:19:40.280 --> 01:19:47.720] our government has been completely lost, okay? They are totally out of control. Our government [01:19:47.720 --> 01:19:56.520] is completely and 100% and more out of our control altogether. It's been that way for a long time. [01:19:56.520 --> 01:20:01.800] Sorry to break the news to you. I told you about the elections earlier. Look into it yourself, [01:20:01.800 --> 01:20:08.360] all right? And even I had one of my producers chat me while I was talking about the hand counted [01:20:08.360 --> 01:20:13.320] paper ballots in the box and I want to look at the box and watch as they count, as they make the [01:20:13.320 --> 01:20:18.360] tick marks in the column and everything. And my producer tells me, so are you saying that we should [01:20:18.360 --> 01:20:25.000] have open source code, you know, and direct programming at every level? And I'm like, [01:20:25.000 --> 01:20:31.880] oh my God, and these are even people that are awake. How many times do I have to say it? [01:20:31.880 --> 01:20:38.360] Hand counted paper ballots at the precinct in public view, watch everything on the piece of paper, [01:20:38.360 --> 01:20:45.560] no machines, okay? Period. And it's like, it's completely out of control. We're starting from [01:20:45.560 --> 01:20:51.800] scratch here, people. We're studying the law ourselves from top to bottom to try to figure [01:20:51.800 --> 01:20:58.840] out what it means and what we need to do so that when we actually go out and take action, [01:20:58.840 --> 01:21:05.000] it's going to have serious effect, all right? And it is having serious effect. So I just want [01:21:05.000 --> 01:21:10.440] to make that clear because, people, we have to do our homework first. You know, you can't just [01:21:11.080 --> 01:21:19.320] read things like half-baked or whatever once or twice and think you understand it and just go [01:21:19.320 --> 01:21:25.720] out there and start doing stuff. I mean, you have to really have a grasp on these things. [01:21:25.720 --> 01:21:32.040] And, you know, there are simple concepts and then there's medium concepts, there's intermediate [01:21:32.040 --> 01:21:37.880] concepts, there's advanced concepts. So I'm just saying it's not going to be an easy road, all [01:21:37.880 --> 01:21:45.080] right? And so that's why we are talking about the law in great detail so that we can actually take [01:21:45.080 --> 01:21:52.440] that control of our lives and our government without, you know, just having it lost into [01:21:52.440 --> 01:22:02.040] complete oblivion and having no hope. So that's the deal. Brian, are you still there? [01:22:02.600 --> 01:22:06.760] I am. I wouldn't worry about the people's perceptions at all because, you know what, [01:22:06.760 --> 01:22:13.160] I can be self-conscious myself. But, I mean, I think you guys helping me address some of maybe [01:22:13.160 --> 01:22:20.040] the more fundamental or juvenile or elementary issues are really important because it helps [01:22:20.040 --> 01:22:25.400] other people that might not be willing to put themselves out there and ask. And it's really an [01:22:25.400 --> 01:22:31.400] invaluable tool to really help to restore a republic because without some of the fundamentals [01:22:31.400 --> 01:22:37.080] like we're going over maybe with me, you know, I wouldn't be able to do what I'm doing and other [01:22:37.080 --> 01:22:43.000] people wouldn't be able to even know where to start. And I think that it's fine. I don't [01:22:43.000 --> 01:22:46.840] think you need to be bragging about how many people you're indicting and everything like that [01:22:46.840 --> 01:22:51.560] because that'll just happen and those shows will take place when they do naturally, you know. [01:22:51.560 --> 01:22:55.160] Well, thanks, Brian. And it's not that I was self-conscious or anything but [01:22:56.360 --> 01:23:02.440] I have gotten emails and comments and people and usually it's because people that are new to the [01:23:02.440 --> 01:23:08.600] show, you know, that haven't been following things for a long time, you know, to understand. I mean, [01:23:08.600 --> 01:23:14.120] this is a long process. Actually, one of my requests was going to be if you could have a [01:23:14.120 --> 01:23:20.520] guest on that would take things from the most basic level, kind of like Mr. Graves does, [01:23:20.520 --> 01:23:24.600] but maybe on the air with a couple of people that are maybe a little bit naive like myself [01:23:24.600 --> 01:23:31.240] to really start at a base level to try to give people, you know, some foundation to grow on. [01:23:31.960 --> 01:23:35.080] Right. It's been a long time since we've done the basic due process. [01:23:35.960 --> 01:23:38.920] We probably should do that again soon. That'd be great. [01:23:38.920 --> 01:23:46.200] Okay. I don't want to take up too much of the airtime but I did want to maybe get [01:23:46.760 --> 01:23:53.160] Eddie's opinion on a couple things and your opinions as well about, you know, some more motion forms. [01:23:53.160 --> 01:23:57.400] Sure. Go ahead, Brian. Actually, we have open phone lines right now. Callers, if you'd like [01:23:57.400 --> 01:24:04.200] to call in 512-646-1984. Go ahead, Brian. Well, part of it did have to do with the [01:24:04.200 --> 01:24:14.520] special appearance and, you know, before I were to really even want to claim my special appearance, [01:24:15.080 --> 01:24:22.440] I'm still filing these preliminary objections. So before I received a couple examples, [01:24:22.440 --> 01:24:28.840] what I was planning on doing was stating maybe towards the end of my motion that if I were to [01:24:28.840 --> 01:24:35.080] be brought before the court, that I would be operating my agent and making a special appearance [01:24:35.080 --> 01:24:45.000] myself in the flesh. But some of the forms that I've been witness to now conflict with that and [01:24:45.000 --> 01:24:49.800] I'm wondering if there's a good reason for it or if I could stick with my own style and not be [01:24:49.800 --> 01:24:54.040] concerned with, you know, being mocked by the judge or anything. [01:24:54.040 --> 01:25:01.800] Brian? Well, the first thing is if you address the judge without specifying that your appearance [01:25:01.800 --> 01:25:09.240] is special, you're granting impersonal jurisdiction, which up until that point he does not have unless [01:25:09.240 --> 01:25:14.360] certain things have been done and certain facts apply. Now, Randy, do you agree with that? [01:25:16.280 --> 01:25:23.960] Yes, I do. And as far as the form of the motion, the form of the motion never becomes an issue [01:25:23.960 --> 01:25:31.160] unless somebody makes it an issue. I have never had any one object to the form of my motion ever. [01:25:32.920 --> 01:25:39.800] And, you know, I've looked at motions that were just a mess, but I could read the motion and tell [01:25:39.800 --> 01:25:44.040] what it was supposed to be and I never raised an issue. It's seldom you'll get an issue raised [01:25:44.040 --> 01:25:49.560] over the form of a motion unless you do some just, you know, Robert Fox does some really [01:25:49.560 --> 01:25:58.280] radical stuff on his motions. Huge print, red letters and all kinds of stuff that all of it's [01:25:58.280 --> 01:26:03.880] single-spaced. He never gets a complaint on the form of his motion. I guess they're too annoyed [01:26:03.880 --> 01:26:10.760] with the content. They never address the form. And as far as subject matter jurisdiction, [01:26:12.440 --> 01:26:18.680] if you're doing a special appearance, you don't even have to label it subject matter [01:26:18.680 --> 01:26:23.480] jurisdiction as a special appearance. If you challenge subject matter jurisdiction, [01:26:24.040 --> 01:26:31.400] the motion, the title of the motion, if it conflicts with the body of the motion, [01:26:31.400 --> 01:26:36.040] the motion will be considered based on the content of the motion, not the title. [01:26:37.560 --> 01:26:44.360] Yeah, now on subject matter jurisdiction, there's another caveat to that too. Do not argue the [01:26:44.360 --> 01:26:50.280] merit of the statute you're being charged. Do not address the charges in any way, shape or form [01:26:50.280 --> 01:26:57.000] directly or you are waiving the grant of subject matter jurisdiction. If you try to argue the facts [01:26:57.000 --> 01:27:03.160] of the law you're being charged with, you are waiving subject matter jurisdiction. Do not do [01:27:03.160 --> 01:27:09.720] that. Stick to the fact that the judge, I'm sorry. Let me make a minor correction. You can waive [01:27:09.720 --> 01:27:18.360] in personum, but you cannot waive subject matter. Well, okay, great. You meant in personum, I know. [01:27:19.560 --> 01:27:25.160] Subject matter jurisdiction, if they don't have it, they never get it. Right. And nothing you can [01:27:25.160 --> 01:27:30.840] do to give it to them. But in personum, you can certainly waive. But that's exactly why you [01:27:30.840 --> 01:27:35.480] reserve your appearance as special so you do not waive the in personum jurisdiction. [01:27:35.480 --> 01:27:43.160] Okay. Well, in personum is different from subject matter, but I have a little bit of an issue. I [01:27:43.160 --> 01:27:51.320] don't quite comprehend how to object to the issues brought before me without citing them. [01:27:52.600 --> 01:27:59.400] Well, okay. The argument is simple. One, if the rules they're applying do not apply to you, [01:27:59.400 --> 01:28:06.680] there is no subject matter jurisdiction. It's just like when they cite a person rather than a man [01:28:06.680 --> 01:28:13.400] with a traffic citation. The person is one over whom they have both in personum and subject matter. [01:28:13.400 --> 01:28:27.000] The man is not. And that goes strictly to the written definitions. It sounds just saying that [01:28:27.000 --> 01:28:34.280] thinking of the common everyday uses of the word, it sounds confusing. But if you go into the code [01:28:34.280 --> 01:28:41.640] and read the code's definition of person, then what Craig's talking about becomes very crystal clear [01:28:43.000 --> 01:28:53.960] that person is a legal entity. So it's important that you read the definitions. [01:28:53.960 --> 01:29:00.680] Well, that I comprehend very well. That I do. But if somebody is bringing me to court calling me an [01:29:00.680 --> 01:29:06.840] apple and I say, well, you don't have jurisdiction because this court only deals with oranges, [01:29:06.840 --> 01:29:10.920] well, I've already brought up the issue of being some type of produce in the first place. So don't [01:29:10.920 --> 01:29:15.400] I waive then subject matter jurisdiction? No. The first thing you ask them is what [01:29:15.400 --> 01:29:25.240] evidence do you intend to produce that I am an apple? Because they're the ones that must [01:29:25.240 --> 01:29:28.760] produce the evidence and prove each and every element, not you. [01:29:32.120 --> 01:29:34.520] Yeah, I think that just helps a little bit. Thank you. [01:29:36.680 --> 01:29:37.240] You're welcome. [01:29:37.240 --> 01:29:45.560] All right. We are going to break. This is the rule of law, Randy Kelton and Deborah Stevens. [01:29:45.560 --> 01:29:53.720] We're here with Eddie Craig. Callers, if you'd like to call in 512-646-1984. We will be right back. [01:29:58.520 --> 01:30:03.560] Gold prices are at historic highs. And with the recent pullback, this is a great time to buy. [01:30:03.560 --> 01:30:08.440] With the value of the dollar, risks of inflation, geopolitical uncertainties and instability in [01:30:08.440 --> 01:30:14.120] rural financial systems, I see gold going up much higher. Hi, I'm Tim Fry at Roberts and Roberts [01:30:14.120 --> 01:30:18.680] Brokerage. Everybody should have some of their assets in investment grade precious metals. [01:30:18.680 --> 01:30:23.080] At Roberts and Roberts Brokerage, you can buy gold, silver and platinum with confidence from [01:30:23.080 --> 01:30:28.360] a brokerage that specialized in the precious metals market since 1977. 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[01:32:27.400 --> 01:32:30.760] Okay, Brian, go ahead. You said you had a couple more points. [01:32:31.320 --> 01:32:36.920] Yeah, and thank you for taking time out with me. I really appreciate it. I guess my concern, [01:32:38.760 --> 01:32:42.360] I appreciate what Eddie just gave to me. It made a little bit of a light bulb go off in my head, [01:32:42.360 --> 01:32:50.840] but that's what made me remember my initial apprehension of not objecting to all of the [01:32:50.840 --> 01:33:00.920] preliminary objections because the wording here, I can't find it right now, but there is wording [01:33:00.920 --> 01:33:10.360] in the rule that says if I don't bring them up, they're waived. And if I don't, you know, [01:33:10.360 --> 01:33:14.600] if I don't bring them all up that I could possibly bring up, I'm concerned that I would lose the [01:33:14.600 --> 01:33:21.800] ability to bring them up in the future. And without bringing them up, certain ones I couldn't bring [01:33:21.800 --> 01:33:27.320] up without maybe going to the merits of the case. And it sounds like that's something that I want to [01:33:27.320 --> 01:33:32.040] stay away from if I'm going to do that. Well, the thing is, Brian, they're the ones that [01:33:32.040 --> 01:33:36.760] have to go through the merit of the case and bring it up, at which point you get to object. [01:33:36.760 --> 01:33:43.080] Now, the fact of the matter is what you're talking about here is objecting to anything that is given [01:33:43.080 --> 01:33:51.480] as testimony or they're using just as statement evidence rather than physical evidence. If you [01:33:51.480 --> 01:33:58.840] do not object to that admission into the record, then it will remain and you will not be able to [01:33:58.840 --> 01:34:06.760] object to it later. So, basically... Wait a minute, Brian, are we still talking about a challenge to [01:34:06.760 --> 01:34:15.560] the jurisdiction? Well, that is one of the preliminary objections. If you come in on a [01:34:15.560 --> 01:34:23.320] challenge to the jurisdiction, they don't get to go to the merits other than how they go to [01:34:23.320 --> 01:34:31.400] subject matter jurisdiction. And generally, the merits of the case won't go to subject matter [01:34:31.400 --> 01:34:38.840] jurisdiction. What will go to subject matter jurisdiction is where the crime was committed, [01:34:39.800 --> 01:34:46.120] where the filings were made, and the sufficiency of the filings before the court, [01:34:46.680 --> 01:34:51.960] the standing of the people raising the issues, these sorts of things, not the merits of the [01:34:51.960 --> 01:34:58.120] case. So, you don't want to let them go to the merits of the case until they've proved up [01:34:58.120 --> 01:35:04.200] jurisdiction. And to prove up jurisdiction, they have to show that the court has jurisdiction over [01:35:04.200 --> 01:35:14.440] the type of issue brought before them, that the particular court has venue within the jurisdiction, [01:35:14.440 --> 01:35:20.840] that the pleadings brought before the court are sufficient to invoke the subject matter jurisdiction [01:35:20.840 --> 01:35:29.640] of the court. For instance, the person who brings the issue, he must have standing in order to bring [01:35:29.640 --> 01:35:42.760] the issue. I dealt with an issue where an attorney in a divorce filed a pleading in a court, [01:35:42.760 --> 01:35:49.080] pleading in a case where a guy was having an issue with the tax court. And he filed a pleading [01:35:49.080 --> 01:35:54.680] to get his, get money the guy owed him from the divorce. And he showed it to me and I said, [01:35:55.240 --> 01:35:59.640] this guy doesn't have standing to file in this case. And the guy had been fighting it for a [01:35:59.640 --> 01:36:05.240] couple of years, never realized he didn't have standing to start with. So, standing is really [01:36:05.240 --> 01:36:21.080] important. And then the pleadings themselves, a case in Waco, a mortgage company filed a motion [01:36:22.120 --> 01:36:30.840] to repossess this house, but there was no certificate of service. Without a certificate [01:36:30.840 --> 01:36:35.800] of service, the filing did not invoke the subject matter jurisdiction of the court. [01:36:36.680 --> 01:36:40.760] And these are the things you deal with in subject matter jurisdiction. Do not let them go to the [01:36:40.760 --> 01:36:46.840] merits. Right. You only go to the merits once the court proves that it has the authority to sit [01:36:46.840 --> 01:36:54.200] where it is. So, what if in my first motion to challenge the subject matter jurisdiction of the [01:36:54.200 --> 01:37:00.360] court, I were to say in that motion that all of the other points brought forth by the other party [01:37:00.360 --> 01:37:05.720] are objected to and will be that way until the court can prove that it has subject matter [01:37:05.720 --> 01:37:10.440] jurisdiction, then they may be addressed. Is that a tactic that's usable? [01:37:11.080 --> 01:37:16.840] That would be okay. But what's going to happen is they're going to try to [01:37:18.040 --> 01:37:24.040] trick you past subject matter jurisdiction. When the judge asks you a question or when [01:37:24.040 --> 01:37:29.640] an attorney asks you a question, it is the nature of the human animal to answer the question. [01:37:29.640 --> 01:37:30.520] Right. [01:37:31.400 --> 01:37:36.520] It takes some... This is part of the thing that proceeds have trouble learning. [01:37:38.760 --> 01:37:48.120] Don't answer. I was in court watching a guy one time, and the guy was clearly counting to three [01:37:49.000 --> 01:37:54.520] every time he was asked a question. I could literally see him doing it. [01:37:54.520 --> 01:37:59.880] And when he got off the stand, I went outside and talked to him. I said, [01:38:00.760 --> 01:38:05.800] am I right? Were you counting every time when you were asked a question before you spoke? [01:38:06.760 --> 01:38:11.000] And he said, well, yeah, you could tell. I said, yeah, I could tell. He said, darn, [01:38:11.000 --> 01:38:18.280] I got to be more careful. I said, why were you doing that? He said, I never want to say [01:38:18.280 --> 01:38:26.200] the first thing that comes to mind. So I make myself count to three. And in that time, [01:38:26.920 --> 01:38:36.920] I get to think about what I'm going to say. I thought very good tool because we go into [01:38:36.920 --> 01:38:43.560] court, you know, if you and I talk, I speak, you respond. You respond, I respond to you. [01:38:43.560 --> 01:38:49.560] That's how it works. We go into court, we're under stress. So our natural patterns tend to be [01:38:49.560 --> 01:38:54.840] enhanced. And it's hard to overcome them. And these guys really know how to use them. [01:38:55.400 --> 01:39:01.320] Yeah. And I'm aware of that because I've been able to find some good proceedings actually, [01:39:01.320 --> 01:39:06.520] you know, on video. And I was kind of preparing myself, if I could put the analogy forth, of [01:39:06.520 --> 01:39:11.800] kind of doing a lot of volley for serve for maybe a half an hour, where there's really [01:39:11.800 --> 01:39:16.760] not much exchange, but there's a lot of verbal transactions, so to speak, if you may. [01:39:17.800 --> 01:39:25.800] Good. And there's something called a meta comment. One of the issues I haven't got to [01:39:26.520 --> 01:39:34.040] opportunity to get to on the show is how to effectively meta comment, not comment on the [01:39:34.040 --> 01:39:39.480] subject matter of the issue, but on the structure or the presentation. [01:39:42.120 --> 01:39:49.320] When someone says something to you, you just want to respond to them. But if you [01:39:50.360 --> 01:39:57.560] make it kind of a game to look at the way they use their language. I was in court one time and [01:39:57.560 --> 01:40:06.280] I was in court one time and the prosecutor asked me a question and I told him, I don't know what [01:40:06.280 --> 01:40:11.800] you're talking about. And the judge says, well, Mr. Kelton, what's the problem? I said, well, [01:40:11.800 --> 01:40:19.080] his statement lacks referential index. And the judge got this strange look on his face. [01:40:19.080 --> 01:40:23.640] He said, well, he's making a statement assuming that I know what he's talking about, but he [01:40:23.640 --> 01:40:36.120] hasn't told me. And it completely befuddled the prosecutor. It took him a while to get back on [01:40:36.120 --> 01:40:43.160] track so he could reform the question. I did that a couple of more times and it was something the [01:40:43.160 --> 01:40:49.320] prosecutor wasn't used to doing because they like to ask you questions that assume facts [01:40:49.320 --> 01:40:57.320] that are not actually in evidence. And if they ask the question right and don't give you referential [01:40:57.320 --> 01:41:04.280] index, like how much pot did you have in the car? You won't think to say, assumes a fact not in [01:41:04.280 --> 01:41:14.040] evidence. The other side hasn't proved that there was any pot at all. So once you learn to listen [01:41:14.040 --> 01:41:19.640] carefully to the structure of the language, it makes it easier not to fall in their traps. I'd [01:41:19.640 --> 01:41:28.440] like to do a show on that kind of thing one of these days soon. Debra is Skyping me. We were [01:41:28.920 --> 01:41:35.240] talking about a current Supreme Court case. Yeah. I wanted to talk about this earlier this evening [01:41:35.240 --> 01:41:42.520] and we had our guests scheduled. This just came up today. Eddie and I have been looking at this [01:41:42.520 --> 01:41:51.960] for the last few minutes. Brian, did I answer your question? If you have more, hang on. [01:41:51.960 --> 01:41:57.800] I got to ruminate over it for a day and maybe call back tomorrow. I replayed this episode and [01:41:57.800 --> 01:42:01.960] I thank you guys. I'm going to let you go because I'm getting tired myself. But thank you all very [01:42:01.960 --> 01:42:09.000] much. All right. Thank you, Brian. Okay. And actually I'm going to skip this last break so [01:42:09.000 --> 01:42:15.800] that we can discuss this because this is pretty major here. And I did have another article that [01:42:15.800 --> 01:42:20.680] was emailed to me from a listener. I'm going to go over that tomorrow night when we start the show [01:42:20.680 --> 01:42:28.200] concerning this is agenda 21 issues. But today there was a Supreme Court ruling apparently [01:42:28.920 --> 01:42:35.160] that the court said that convicts have no constitutional right to test DNA evidence [01:42:35.160 --> 01:42:41.960] in hopes of proving their innocence after they've been found guilty of a crime. [01:42:42.760 --> 01:42:53.720] And this case is the district attorney's office, the Osborne 08-6 in Alaska. [01:42:53.720 --> 01:43:05.640] All right. Now I don't understand why or how the court could rule or enforce that convicts [01:43:06.360 --> 01:43:14.040] have no right to submit new evidence, new exculpatory evidence to clear their name after [01:43:14.040 --> 01:43:21.640] they've been convicted. Well, we need to read it because what I heard was they have no constitutional [01:43:21.640 --> 01:43:31.560] right. And that's probably true because our founders never considered DNA evidence [01:43:32.840 --> 01:43:38.760] at the time of the constitution. But even forget the DNA evidence part. I thought that it was just [01:43:38.760 --> 01:43:48.520] standard jurisprudence from way back that if there is new evidence that has not yet been [01:43:48.520 --> 01:43:56.360] presented after a person has been convicted, then you can start the whole thing all over again. [01:43:56.360 --> 01:44:02.040] I mean, that's... Well, I haven't read it yet. I'm looking for it. What was the case? [01:44:02.040 --> 01:44:09.800] Okay. It's district attorney's office V Osborne 08-6. But what I'm saying is I'm just asking [01:44:09.800 --> 01:44:15.640] a question on general jurisprudence. Okay. It's been my understanding all along that [01:44:15.640 --> 01:44:23.560] it's been my understanding all along that you can always go back and appeal a conviction [01:44:24.120 --> 01:44:33.320] and reopen a trial to present exculpatory evidence as long as it's new exculpatory evidence that has [01:44:33.320 --> 01:44:42.040] not yet been presented before. You can't go back and try to get the court or jury to review [01:44:42.040 --> 01:44:46.600] evidence if it's already been presented. But if there is new exculpatory evidence, [01:44:47.480 --> 01:44:52.440] that's just been standard jurisprudence that you have the right to go back and the trial can be [01:44:52.440 --> 01:44:56.280] reopened. That's been my understanding. Well, that's why we have to read the case [01:44:56.280 --> 01:45:02.520] because what they may be saying is that it's statutory and not constitutional. [01:45:04.600 --> 01:45:11.480] That someone may be bringing the issue based on a constitutional basis and the courts are trying to [01:45:11.480 --> 01:45:16.040] say to them, no, it's not constitutional. It's statutory. You have to do it based on statute. [01:45:17.720 --> 01:45:25.800] Well, it's looking to me like they're trying to pass the buck off to the states where Alaska is [01:45:25.800 --> 01:45:30.920] saying, no, we're not going to let them do it. And the Supreme Court is going, oh, okay. Yeah. [01:45:30.920 --> 01:45:37.160] Okay. Well, that's fine. States are sovereign. You know, there's the states. We have to keep our [01:45:37.160 --> 01:45:42.760] hands off the states, you know, and that's what I'm reading in some of these articles. And yeah, [01:45:42.760 --> 01:45:47.560] well, it's real convenient for them. You know, they, you know, promote states' rights and hands [01:45:47.560 --> 01:45:54.280] off the states when it's convenient for them, for their tyranny. Okay. But the minute, the second, [01:45:55.160 --> 01:46:05.400] you want to exercise your sovereignty, no way. Case in point, Rach versus Ashcroft. [01:46:05.400 --> 01:46:11.320] No states' rights there. So Eddie, have you been reading this? What do you make of this? [01:46:11.320 --> 01:46:16.680] Yeah, I've looked at it and they've got a couple of different reasons why they say they're doing it. [01:46:16.680 --> 01:46:23.880] One, they don't want the federal courts to have the ability to rule over the states dictating what [01:46:23.880 --> 01:46:31.400] is and isn't justice. But the problem here is that that leaves a certain person in a certain state [01:46:31.400 --> 01:46:37.800] not able to achieve the same level of justice as those in other states, which that's what the [01:46:37.800 --> 01:46:44.760] Supreme Court rulings are meant to do, is to make the case law uniform, to make the requirements for [01:46:44.760 --> 01:46:51.800] justice uniform and constitutional all at the same time. As far as protecting people's rights. [01:46:53.000 --> 01:46:58.920] Yeah, I don't see anything in the Constitution that says leave it up to everybody to determine [01:46:58.920 --> 01:47:07.640] what justice is. I mean, anytime a person is falsely accused or wrongfully imprisoned, [01:47:07.640 --> 01:47:15.880] justice has not been served. I don't care what level it's at. So personally speaking, I believe [01:47:15.880 --> 01:47:23.880] they tried to let go at the wrong time. There are many rulings they've made, they had no business [01:47:23.880 --> 01:47:30.440] making. This was not one of them up to the point where they should have said, yeah, if this person [01:47:30.440 --> 01:47:36.280] has even an inkling of being able to prove through this method that they did not commit the crime [01:47:36.280 --> 01:47:41.240] they're being imprisoned for, then it should be allowed to go through, especially if that person [01:47:41.240 --> 01:47:48.360] is paying for it themselves. But that should not be a requirement if they can honestly show that [01:47:48.360 --> 01:47:55.960] the thing, you know, is going to set them free. Now, if the DNA evidence shows different, then [01:47:55.960 --> 01:48:00.600] bill them for it on down the road. But for the time being, he deserves the chance to be heard [01:48:00.600 --> 01:48:06.920] in that respect. Especially if his lawyer blew it by not bringing it up at trial. [01:48:06.920 --> 01:48:14.920] Boy, man. It's just, it's just so sad. [01:48:14.920 --> 01:48:16.920] I cannot seek post-conviction. [01:48:18.920 --> 01:48:24.920] Okay, here's what I'm reading. Petitioner of the district attorney's office argues that [01:48:24.920 --> 01:48:30.920] Osborne cannot seek post-conviction access to evidence for further DNA testing under [01:48:30.920 --> 01:48:38.920] 42 U.S. Code 1983. But instead, he must bring such a claim in a habeas corpus petition. [01:48:38.920 --> 01:48:42.920] Oh, so they're just saying that he didn't file the proper paperwork. [01:48:42.920 --> 01:48:46.920] Yeah, and that's what I suspected because on his face, this sounded outrageous. [01:48:46.920 --> 01:48:50.920] I was going to say, it did sound outrageous. And I can't believe, well, actually I can't believe [01:48:50.920 --> 01:48:56.920] that his attorney didn't file the habeas corpus because that seems quite appropriate. We have [01:48:56.920 --> 01:49:00.920] Dr. Bill Vieth on the line, by the way. Let's see what he has to say about this. [01:49:00.920 --> 01:49:04.920] He's going to tell me there's no global warming. [01:49:04.920 --> 01:49:06.920] Actually, no, it's not. [01:49:06.920 --> 01:49:08.920] Don't even. Well, there is. [01:49:08.920 --> 01:49:10.920] That's the only soap between me and Bill. [01:49:10.920 --> 01:49:16.920] Yeah, well, there is no global warming. Okay, that's a total hoax to enslave us with [01:49:16.920 --> 01:49:18.920] the carbon tax. Go ahead, Bill. Thank you. [01:49:18.920 --> 01:49:22.920] Yeah, actually you all had just addressed it because I was going to say when we were [01:49:22.920 --> 01:49:27.920] talking about whether or not that was a constitutional right, I just wanted to say that [01:49:27.920 --> 01:49:32.920] the Constitution says we have a right to life and liberty, and if our liberty has been [01:49:32.920 --> 01:49:37.920] taken away and the DNA evidence could prove that we weren't guilty, then obviously we would [01:49:37.920 --> 01:49:42.920] have a constitutionally protected right to use that DNA evidence. But the other thing is [01:49:42.920 --> 01:49:47.920] the Constitution doesn't give us any rights. We don't have any constitutional rights. [01:49:47.920 --> 01:49:48.920] That's right. [01:49:48.920 --> 01:49:54.920] We have God-given rights, and the Constitution is there to keep the federal government from [01:49:54.920 --> 01:49:58.920] trespassing on those rights. So it protects the rights, but it doesn't give us any rights. [01:49:58.920 --> 01:50:02.920] So any time people talk about looking for rights in the Constitution, we don't have [01:50:02.920 --> 01:50:04.920] any rights in the Constitution. [01:50:04.920 --> 01:50:10.920] That's right. And Bill, you know, you're the one who pointed out to me, and I don't even [01:50:10.920 --> 01:50:15.920] like to use this term anymore because now that you've made me see this, the Bill of Rights [01:50:15.920 --> 01:50:21.920] isn't a Bill of Rights. And you know what? We shouldn't even call it that because it [01:50:21.920 --> 01:50:27.920] just casts the wrong light on the whole thing. It's a Bill of Restrictions, people. It's [01:50:27.920 --> 01:50:33.920] a Bill of Restrictions that restricts government from being able to pass laws over these certain [01:50:33.920 --> 01:50:37.920] issues. And to be honest, and Eddie showed me this, and other people have shown me this [01:50:37.920 --> 01:50:43.920] too, and I'm finally seeing it, and it's true. No man has the right to have a right to [01:50:43.920 --> 01:50:53.920] pass laws over any other man. And in our law, if you carefully look at their language and [01:50:53.920 --> 01:50:59.920] their wording, they actually are not writing laws over us. Okay? In most cases, everything [01:50:59.920 --> 01:51:07.920] is commercial. In other cases, they word things so deceptively and craftily that they kind [01:51:07.920 --> 01:51:13.920] of almost sort of get there, but they never quite get there. Okay? And they just fool [01:51:13.920 --> 01:51:17.920] us and convince us into thinking that they're actually writing laws over us. So Bill, explain [01:51:17.920 --> 01:51:20.920] about how it's a Bill of Restrictions, not a Bill of Rights. [01:51:20.920 --> 01:51:25.920] Yes. You know, even the Bill of Rights says the government is prohibited from this. It [01:51:25.920 --> 01:51:29.920] shall not do that. You know, if you look at the language, it just talks about what the [01:51:29.920 --> 01:51:34.920] government can't do. It gives the government some abilities and it lists them and some [01:51:34.920 --> 01:51:40.920] disabilities and it lists them, but it doesn't give us any rights, and that's why we even [01:51:40.920 --> 01:51:46.920] fall into the trap of the media and the government by using the same language they like to use. [01:51:46.920 --> 01:51:51.920] For example, in the Second Amendment argument, they'll say, is it an individual right or [01:51:51.920 --> 01:51:57.920] is it a group right? And there's no such thing as a group right. A group can't have a conscience, [01:51:57.920 --> 01:52:02.920] so a group can't have a right. All rights are individual, and we don't have to look [01:52:02.920 --> 01:52:06.920] at the Second Amendment to see if it's an individual right to keep and bear arms. It's [01:52:06.920 --> 01:52:12.920] a God-given right that the government can't trespass on. And so anyway, we need to be [01:52:12.920 --> 01:52:17.920] real careful with our language talking about constitutional rights. There is no such thing. [01:52:17.920 --> 01:52:22.920] There are constitutionally protected rights, but the Constitution is there to protect all [01:52:22.920 --> 01:52:27.920] of our God-given rights, not just the ones that are listed in the Bill of Rights. [01:52:27.920 --> 01:52:29.920] Amen to that. [01:52:29.920 --> 01:52:34.920] So anyway, yeah, but you all kind of addressed that actually before you took my call with [01:52:34.920 --> 01:52:41.920] this, you know, that they just misfiled the paperwork, and you had to do a habeas corpus [01:52:41.920 --> 01:52:46.920] as opposed to look into statutory law for the DNA evidence. [01:52:46.920 --> 01:52:53.920] Yeah, and it's really hard for me to believe that this guy's lawyer didn't know this, okay? [01:52:53.920 --> 01:53:01.920] I mean, these lawyers, they don't even want to protect your rights, okay? People, lawyers, [01:53:01.920 --> 01:53:10.920] almost all of them. I mean, maybe one in 10,000. Don't trust them at all. They are working [01:53:10.920 --> 01:53:17.920] for the other side, okay? They are part of the system, all right? I'm sorry to have to [01:53:17.920 --> 01:53:23.920] break the news, okay? I'm being just straight up cold tonight, just laying it out. [01:53:23.920 --> 01:53:27.920] I'm not sugarcoating anything. We ain't got no elections. The government's completely [01:53:27.920 --> 01:53:33.920] out of our control, all right? They want to kill us all, all right? No lawyer is going [01:53:33.920 --> 01:53:38.920] to protect you. They are all working for the system. Don't trust any of them at all. [01:53:38.920 --> 01:53:45.920] The only way you are going to win is to do this yourself. [01:53:45.920 --> 01:53:47.920] Or learn to crucify the lawyer. [01:53:47.920 --> 01:53:50.920] Right. Well, again, you are doing it yourself. [01:53:50.920 --> 01:53:55.920] Right. Okay, well, anyway, that's all I had to say. You kind of addressed it before you [01:53:55.920 --> 01:53:56.920] took my call, so. [01:53:56.920 --> 01:53:57.920] All right, thank you, Bill. [01:53:57.920 --> 01:53:59.920] I'll just hang up and keep listening. [01:53:59.920 --> 01:54:00.920] All right, thank you, Bill. [01:54:00.920 --> 01:54:01.920] Okay, thank you. [01:54:01.920 --> 01:54:06.920] All right, we've got also John in Texas. Thank you, John, for calling in. What's on your [01:54:06.920 --> 01:54:07.920] mind tonight? [01:54:07.920 --> 01:54:15.920] All right, Deborah. I didn't have much on my mind other than just, I'm just kind of, [01:54:15.920 --> 01:54:22.920] I live here in Austin and I'm depressed because I see police everywhere when I'm driving in [01:54:22.920 --> 01:54:29.920] traffic. They're checking people's IDs at bus stops. And I don't really see people doing [01:54:29.920 --> 01:54:36.920] anything wrong. How are these cops finding all these infractions? You know, people just [01:54:36.920 --> 01:54:41.920] seem like they're just trying to get by. And, you know, I'm struggling. We're all struggling, [01:54:41.920 --> 01:54:42.920] I think. [01:54:42.920 --> 01:54:49.920] Well, John, the reality is there is no law that authorizes police to demand to see people's [01:54:49.920 --> 01:54:57.920] ID unless they are under either detention or arrest. There is no law that says that. [01:54:57.920 --> 01:55:03.920] The police cannot arrest you or hold you in detention strictly for the sole reason of [01:55:03.920 --> 01:55:10.920] not showing your ID. That is the definition of dictatorship, total tyranny, show your [01:55:10.920 --> 01:55:16.920] paper society. Okay, once you've been detained or arrested for probable cause, then they [01:55:16.920 --> 01:55:22.920] have the right to demand the ID. So people need to get in a different mindset here and [01:55:22.920 --> 01:55:26.920] start doing something about it when the police come up to them and ask for their ID for no [01:55:26.920 --> 01:55:27.920] reason. [01:55:27.920 --> 01:55:38.920] Right. And I agree. And I'm just driving on a street. I'm not in any trouble. So I'm [01:55:38.920 --> 01:55:44.920] just telling you what I observe and that maybe other people don't know their rights. And [01:55:44.920 --> 01:55:51.920] I'm scared to death. You know, if they're pulling this many people over, you know, for [01:55:51.920 --> 01:55:58.920] probably nothing, basically. I don't know if they are checking out these people's license [01:55:58.920 --> 01:56:03.920] flight through the computer and finding that maybe they owe a fine or something. But it [01:56:03.920 --> 01:56:10.920] just seems like just driving from Manchac to I-35 on William Cannon, I just every day [01:56:10.920 --> 01:56:22.920] I see cops everywhere just having their time. And it just seems like we're losing our rights [01:56:22.920 --> 01:56:28.920] really rapidly that I just want to maybe say that I'm a little depressed by seeing this [01:56:28.920 --> 01:56:33.920] and we're kind of losing a battle. We really probably need to step something up. [01:56:33.920 --> 01:56:42.920] Yeah. How would you define a police state? Oh, just what you see when you walk outdoors. [01:56:42.920 --> 01:56:48.920] Well, yeah. And you're right, John. We need to step it up. Okay. How are we going to step [01:56:48.920 --> 01:56:49.920] it up? [01:56:49.920 --> 01:56:53.920] Well, I think you're right. Everybody needs to. I kind of know my rights. I've been listening [01:56:53.920 --> 01:57:05.920] to you all and I, you know, by the way, I wanted to say hi to Jerry and you. It's your [01:57:05.920 --> 01:57:06.920] birthday party. [01:57:06.920 --> 01:57:07.920] Oh, thank you. [01:57:07.920 --> 01:57:11.920] And, you know, I got to witness some stupid stuff there. [01:57:11.920 --> 01:57:20.920] Yes. Yes, indeed. And, you know, and I talked about this on the air. The police come to [01:57:20.920 --> 01:57:27.920] my house on my birthday in my yard and tell me there's a curfew in Austin and that you [01:57:27.920 --> 01:57:34.920] can't drink alcohol outside in your backyard after curfew. That's considered drinking in [01:57:34.920 --> 01:57:41.920] public and you can't drink in public after curfew. And I asked him since when is this [01:57:41.920 --> 01:57:46.920] because is this a state law? Is this federal? Is this ordinance? I never heard anything [01:57:46.920 --> 01:57:51.920] about this before. And the guy was like, I've been a cop for 30 years. This is the way it's [01:57:51.920 --> 01:57:57.920] always been. And the way his body language was and his voice, I knew that I better just [01:57:57.920 --> 01:58:02.920] heard everybody inside and not just turn the music off or else there was going to be a [01:58:02.920 --> 01:58:08.920] big problem. And I'll tell you what, next birthday party I have, that ain't going to [01:58:08.920 --> 01:58:15.920] happen. Okay, because I'm going to post all kinds of signs and no trespassing signs and [01:58:15.920 --> 01:58:19.920] the private property and the blue ribbons and the purple ribbons and everything. I'm [01:58:19.920 --> 01:58:23.920] going to have a bouncer at the door that it's not going to happen again. [01:58:23.920 --> 01:58:26.920] Let me add something real quick here. [01:58:26.920 --> 01:58:30.920] Okay, real quick because we got 30 seconds. We're about to end the show. [01:58:30.920 --> 01:58:34.920] States are not required by the Constitution to provide for post-conviction remedies and [01:58:34.920 --> 01:58:40.920] instead are granted wide discretion in establishing post-conviction. It's not right to let the [01:58:40.920 --> 01:58:44.920] federal court interfere and force discovery on the states. [01:58:44.920 --> 01:58:45.920] All right. [01:58:45.920 --> 01:58:48.920] Okay, so we're separated by a lot of different. [01:58:48.920 --> 01:58:52.920] Okay, listen, we got to go. We got to go. Call back in tomorrow night, John, please. [01:58:52.920 --> 01:58:53.920] I'm Steve. [01:58:53.920 --> 01:58:54.920] I love y'all. [01:58:54.920 --> 01:58:55.920] All right, we love you. [01:58:55.920 --> 01:59:18.920] Thank you. [01:59:25.920 --> 01:59:50.920] Thank you. [01:59:50.920 --> 01:59:57.920] Thank you.