[00:00.000 --> 00:15.720]  Okay, we are back after hours edition of The Rule of Law.
[00:15.720 --> 00:21.520]  Randy Kelton, Debra Stevens, Eddie Craig, we're still here, we're still here for you guys.
[00:21.520 --> 00:26.640]  We're talking to Mike in Florida and then we're going to go to the rest of your calls.
[00:26.640 --> 00:27.640]  Okay, Mike.
[00:27.640 --> 00:35.200]  Yeah, one last thing, another thing that interested me was UW, we're talking about, you know,
[00:35.200 --> 00:39.680]  like you said, the U.S. corporation and then all the states are essentially corporations
[00:39.680 --> 00:45.560]  and we're kind of dealing with corporate law as members of the corporation.
[00:45.560 --> 00:52.760]  And I went to another website, I was watching a webcast of a guy named Menard, I think his
[00:52.760 --> 00:58.800]  name is Robert Arthur Menard, he's up in Canada, he's a pretty funny guy.
[00:58.800 --> 01:06.180]  And one of his YouTube videos, he talks about the definition of a person out of Black's
[01:06.180 --> 01:11.480]  Law Dictionary, a human being is not a person because he is a human being but because rights
[01:11.480 --> 01:17.640]  and duties have been ascribed to him, specifically the person is that legal subject or substance
[01:17.640 --> 01:23.800]  of which the rights and duties are attributes but not all human beings are persons as was
[01:23.800 --> 01:27.440]  the case in old England when they were slaves.
[01:27.440 --> 01:31.880]  And as I learn more, I try to get it out to people that, you know, just because you're
[01:31.880 --> 01:36.520]  reading the statute, it says, you know, a person that may not necessarily, that may
[01:36.520 --> 01:40.080]  not be you necessarily.
[01:40.080 --> 01:49.160]  And it leads me more to believe that, you know, the straw man argument.
[01:49.160 --> 01:53.920]  And he says, you know, you're not a person but you're associated with one.
[01:53.920 --> 01:59.480]  He says, you're not a person, you have a person, it exists in association with you.
[01:59.480 --> 02:03.440]  And he goes on to explain, you know, under common law, there's really only three laws
[02:03.440 --> 02:10.800]  you can break, get in the way of somebody else's unalienable rights or violate somebody
[02:10.800 --> 02:17.800]  else's unalienable rights, damage their property or use fraud or mischief in your contracts.
[02:17.800 --> 02:22.480]  And then he goes on to say that statutes are not laws.
[02:22.480 --> 02:26.800]  If you look it up, you'll find that the definition of a statute is a legislative rule of society
[02:26.800 --> 02:29.120]  given the force of law.
[02:29.120 --> 02:33.560]  It's a rule that has the force of law within a structured society because somebody gave
[02:33.560 --> 02:34.560]  it that force.
[02:34.560 --> 02:36.640]  Remember, we're all equal here.
[02:36.640 --> 02:39.360]  Who can give those words any force of law?
[02:39.360 --> 02:40.360]  Only you.
[02:40.360 --> 02:45.200]  You've decided to give those, give these statutes the force of law within your societal structure.
[02:45.200 --> 02:48.560]  A society, if you look that definition of that up, it's a number of people joined by
[02:48.560 --> 02:51.800]  mutual consent to deliberate, determine and act or goal.
[02:51.800 --> 02:59.560]  Wait a minute, you said the only one who could give the force of law is you.
[02:59.560 --> 03:01.880]  You, what does you mean?
[03:01.880 --> 03:09.160]  You as a singular individual or you as the collective sovereign?
[03:09.160 --> 03:14.760]  You as the collective sovereign or what he says, you know, he gives the definition of
[03:14.760 --> 03:18.400]  a society, which is the number of people joined by mutual consent to deliberate, determine
[03:18.400 --> 03:20.420]  or act for a common goal.
[03:20.420 --> 03:23.200]  That would be the society gives it the force of law.
[03:23.200 --> 03:34.420]  Tarsely, so if it has the force of law, then it goes to the saying that if it walks like
[03:34.420 --> 03:38.720]  a duck and it squawks like a duck, it's a duck.
[03:38.720 --> 03:45.080]  So saying that a statute is not a law, but in every other aspect it acts like a law is
[03:45.080 --> 03:48.280]  making a distinction without a difference.
[03:48.280 --> 03:51.880]  What if you are not a member of the society?
[03:51.880 --> 03:59.840]  If you are in the society or interacting with society, are you not bound by the laws, the
[03:59.840 --> 04:04.040]  society of laws?
[04:04.040 --> 04:08.400]  Or you interact with McDonald's, are you bound by their corporate policy?
[04:08.400 --> 04:10.640]  Yeah, exactly.
[04:10.640 --> 04:16.840]  To the extent that you enter their personal, enter their property, I mean I don't think
[04:16.840 --> 04:19.440]  you could reach out to the guy next to you.
[04:19.440 --> 04:25.040]  Right, you're only bound by certain aspects, not all of them in their entirety, but only
[04:25.040 --> 04:31.600]  certain aspects and those aspects would again go back to what are you doing that would be
[04:31.600 --> 04:35.040]  a harm to them in violation of common sense?
[04:35.040 --> 04:43.440]  Those aspects that go to statutory law and not necessarily those aspects that go to individual
[04:43.440 --> 04:47.640]  contract.
[04:47.640 --> 04:48.640]  Does that make sense?
[04:48.640 --> 04:51.520]  No, but I'll let you get away with it.
[04:51.520 --> 04:58.800]  If I go into McDonald's, I haven't purchased anything yet, but I can't slap the person
[04:58.800 --> 05:07.360]  next to me because I don't like the way he combs her, I'm bound by the social structure
[05:07.360 --> 05:11.720]  by the statutes and laws that govern civil behavior.
[05:11.720 --> 05:15.080]  Does your behavior at that point cause an injury, Randy?
[05:15.080 --> 05:20.200]  If I slap the guy next to me, yeah probably, he'll probably black my eye.
[05:20.200 --> 05:26.600]  Okay, that's not a social rule, that's a straight up you violated his personal rights rule.
[05:26.600 --> 05:27.600]  Statutory.
[05:27.600 --> 05:28.600]  Wrong, wrong, wrong.
[05:28.600 --> 05:29.600]  Statutory because it's assault.
[05:29.600 --> 05:30.600]  No, you harmed him because you harmed him.
[05:30.600 --> 05:31.600]  You harmed him, period.
[05:31.600 --> 05:43.880]  Yeah, all the statutes you did was give the offense a name.
[05:43.880 --> 05:50.440]  It does not make the offense anything other than what it already was, a harm to the individual
[05:50.440 --> 05:51.440]  that you hit.
[05:51.440 --> 05:59.240]  Yeah, you harmed him because you hit him and it hurt, it's not because it was written
[05:59.240 --> 06:05.800]  in law and defined as statute, that's not the reason you harmed him, dude.
[06:05.800 --> 06:14.200]  I harmed him because I didn't like his breath, but I suffer retribution because of the statute.
[06:14.200 --> 06:16.680]  No, not necessarily.
[06:16.680 --> 06:20.520]  Not if he punches you back, he's within his rights of self defense.
[06:20.520 --> 06:26.520]  But I'm still guilty of assault, he's not guilty of anything because he's exercising
[06:26.520 --> 06:28.040]  his right to self defense.
[06:28.040 --> 06:33.080]  That's right, but now you're saying all the statute does at that point, Randy, when you
[06:33.080 --> 06:39.000]  say you're guilty of assault is the statute now says that they get to charge you a fine
[06:39.000 --> 06:45.160]  and collect money from you because you violated the social rule, not because you harmed the
[06:45.160 --> 06:48.600]  other guy who isn't going to see a dime for the charge of assault.
[06:48.600 --> 06:49.600]  That's true.
[06:49.600 --> 06:50.600]  Okay.
[06:50.600 --> 06:52.880]  The other guy has remedy.
[06:52.880 --> 06:59.000]  Right, so what gives the state the right to confine or fine you and they collect on something
[06:59.000 --> 07:04.040]  in which they should have no remedy or standing?
[07:04.040 --> 07:15.280]  In order to enforce civility because the vast majority of the people have neither the time,
[07:15.280 --> 07:19.000]  resources or knowledge to pursue civil litigation.
[07:19.000 --> 07:26.240]  Okay, but is the civility that they are enforcing the violation of the man's right or simply
[07:26.240 --> 07:28.600]  the violation of their statute?
[07:28.600 --> 07:34.560]  The statute is to act in support of the man's right.
[07:34.560 --> 07:37.320]  The statute would not stand alone.
[07:37.320 --> 07:44.520]  The statute stands alone in as much as the state only has authority to adjudicate the
[07:44.520 --> 07:47.080]  violation of the statute.
[07:47.080 --> 07:53.680]  The statute is intended to protect and preserve the right of the individual, but the violation
[07:53.680 --> 07:57.040]  of the statute is clear in and of itself.
[07:57.040 --> 08:02.120]  But it does not stand alone without the violation of a right of an individual.
[08:02.120 --> 08:05.760]  The statute has no bearing nor reference.
[08:05.760 --> 08:07.360]  Not true.
[08:07.360 --> 08:09.580]  How is it not true?
[08:09.580 --> 08:14.160]  Can you be charged with assault unless you committed assault?
[08:14.160 --> 08:20.480]  You can't be charged with assault unless you committed assault as defined by the statute.
[08:20.480 --> 08:26.440]  And the victim's rights have nothing to do with it.
[08:26.440 --> 08:31.560]  Neither does the victim have any standing before the allegation of assault.
[08:31.560 --> 08:35.640]  That's strictly between the assaulter and the state.
[08:35.640 --> 08:41.000]  Okay, so if the one assaulter decides not to press charges for it, then what?
[08:41.000 --> 08:44.920]  He has no authority to decide to or not to press charges.
[08:44.920 --> 08:45.920]  He has no standing.
[08:45.920 --> 08:46.920]  Yes, he does.
[08:46.920 --> 08:47.920]  Yes, he does.
[08:47.920 --> 08:48.920]  He has zero.
[08:48.920 --> 08:53.080]  Hey, the victim can decide whether he wants to sign a document.
[08:53.080 --> 08:54.080]  No, he cannot.
[08:54.080 --> 09:00.920]  Oh, yes, I've been there and I have decided that I either did or did not want to sign
[09:00.920 --> 09:06.080]  a document as far as the criminal complaint was concerned.
[09:06.080 --> 09:11.800]  And since there were no other witnesses, then the state was not able to continue with the
[09:11.800 --> 09:12.800]  prosecution.
[09:12.800 --> 09:13.800]  The only-
[09:13.800 --> 09:15.800]  Again, give separate issue.
[09:15.800 --> 09:19.920]  I'm just, no, I'm just making the point that that's the way it is.
[09:19.920 --> 09:23.800]  If there's no witness, if there's no one to sign the criminal complaint, then there's
[09:23.800 --> 09:24.800]  no prosecution.
[09:24.800 --> 09:29.120]  We have to keep our issues in order.
[09:29.120 --> 09:36.280]  A citizen, a complainant has no standing before the court, zero.
[09:36.280 --> 09:44.920]  Now, if the prosecution has no witness, then they're unable to pursue a prosecution, but
[09:44.920 --> 09:54.160]  the witness has no standing to determine whether or not the prosecution is pursued.
[09:54.160 --> 10:00.560]  That's a judicial determination to be made by the court.
[10:00.560 --> 10:09.160]  The fact that you refuse to testify can be a mitigating factor in that the prosecutor
[10:09.160 --> 10:19.320]  may not want to bring you as a hostile witness, or if you are the spouse of the perpetrator,
[10:19.320 --> 10:28.840]  you cannot be forced to act as a witness, but if you're not the spouse, you can be forced
[10:28.840 --> 10:29.840]  to testify.
[10:29.840 --> 10:32.880]  Randy, you confuse me on a statement you made.
[10:32.880 --> 10:35.320]  I need you to clarify for me.
[10:35.320 --> 10:39.800]  The complainant has no standing before the court.
[10:39.800 --> 10:41.280]  Exactly.
[10:41.280 --> 10:42.280]  Explain that.
[10:42.280 --> 10:50.680]  A complainant merely notifies the court that a crime has been committed in a Spanish law
[10:50.680 --> 10:53.560]  state, which Texas is.
[10:53.560 --> 11:01.280]  The complainant has a duty to report crime, but once the report is made, the complainant
[11:01.280 --> 11:07.840]  has no standing to enforce adjudication of the criminal act.
[11:07.840 --> 11:14.080]  Does that include if the complainant is acting as an agent for the one claiming harm?
[11:14.080 --> 11:15.080]  Yes.
[11:15.080 --> 11:16.080]  Good.
[11:16.080 --> 11:22.080]  Now, explain to me how a police officer can be a witness for the state or the state has
[11:22.080 --> 11:25.360]  standing before the court in the case of a traffic ticket.
[11:25.360 --> 11:28.480]  The police officer is acting as the state's agent.
[11:28.480 --> 11:33.640]  The police officer is acting as a state witness, and it is the state that is prosecuting the
[11:33.640 --> 11:34.640]  case.
[11:34.640 --> 11:35.640]  No.
[11:35.640 --> 11:42.920]  The police officer is acting in his personal capacity as a citizen notifying the court
[11:42.920 --> 11:44.760]  that a crime has been committed.
[11:44.760 --> 11:51.120]  He has no standing other than that as a witness.
[11:51.120 --> 11:57.560]  Under what authority did he act to gain this so-called knowledge and information that a
[11:57.560 --> 11:59.240]  crime was allegedly committed?
[11:59.240 --> 12:02.560]  There's no authority required.
[12:02.560 --> 12:05.800]  His authority is a sovereign citizen state.
[12:05.800 --> 12:12.680]  But he used his position as an officer to gain access to you.
[12:12.680 --> 12:18.880]  His position as an officer gave him knowledge.
[12:18.880 --> 12:24.360]  Once he had that knowledge, he came before the court as any other citizen and reported
[12:24.360 --> 12:25.360]  crime.
[12:25.360 --> 12:31.720]  Then why does the criminal complaint specify that he acted in his capacity as an officer
[12:31.720 --> 12:36.560]  of such and such municipality or the state or the county?
[12:36.560 --> 12:46.040]  Because he was acting his capacity as an officer for the specific purpose of detecting crime.
[12:46.040 --> 12:52.080]  And once he did that, they can claim anything they want to, but when he goes to the state
[12:52.080 --> 13:00.520]  and reports crime, there is nothing in law that grants him any greater authority than
[13:00.520 --> 13:05.040]  you or I or any other citizen is granted.
[13:05.040 --> 13:10.240]  We have the right to petition the court for redress of grievance, then we have a duty
[13:10.240 --> 13:12.800]  to report crime.
[13:12.800 --> 13:14.600]  We do that in our personal capacity.
[13:14.600 --> 13:21.040]  If the policeman was not reporting crime in his personal capacity, then he would be shielded
[13:21.040 --> 13:25.080]  from acts of aggravated perjury.
[13:25.080 --> 13:26.080]  He's not.
[13:26.080 --> 13:29.300]  He's acting in his personal capacity.
[13:29.300 --> 13:35.680]  So if he commits aggravated perjury in the making of the criminal accusation, he is personally
[13:35.680 --> 13:36.680]  responsible.
[13:36.680 --> 13:40.440]  He's not responsible in his capacity as a police officer.
[13:40.440 --> 13:43.200]  Does that make sense?
[13:43.200 --> 13:44.680]  In a roundabout sort of way, yeah.
[13:44.680 --> 13:45.680]  Okay.
[13:45.680 --> 13:48.920]  And listen, I want to get back to the caller too, because we still do have like a dozen
[13:48.920 --> 13:49.920]  callers on the line.
[13:49.920 --> 13:50.920]  Okay.
[13:50.920 --> 13:52.520]  I want to keep everyone up to four in the morning.
[13:52.520 --> 13:55.240]  Mike, have we answered your question?
[13:55.240 --> 13:56.240]  Mike.
[13:56.240 --> 13:59.880]  I think we put him to sleep.
[13:59.880 --> 14:00.880]  Is Mike still there?
[14:00.880 --> 14:01.880]  Okay.
[14:01.880 --> 14:04.880]  I have that effect on me.
[14:04.880 --> 14:05.880]  Okay.
[14:05.880 --> 14:06.880]  Okay.
[14:06.880 --> 14:07.880]  Let's put it...
[14:07.880 --> 14:08.880]  Okay.
[14:08.880 --> 14:09.880]  Let's go to John from Florida.
[14:09.880 --> 14:10.880]  John, thanks for calling in.
[14:10.880 --> 14:11.880]  What's on your mind tonight?
[14:11.880 --> 14:12.880]  John.
[14:12.880 --> 14:13.880]  I think I put everybody to sleep.
[14:13.880 --> 14:14.880]  I have a question for Eddie.
[14:14.880 --> 14:15.880]  Go ahead, John.
[14:15.880 --> 14:16.880]  Yeah.
[14:16.880 --> 14:17.880]  I have a question for Eddie.
[14:17.880 --> 14:30.320]  I have two citations, and based on what you told me in the last conversation I've done
[14:30.320 --> 14:35.040]  thus far, and I just kind of I'm trying to unclear on where to go from here.
[14:35.040 --> 14:39.360]  So is Eddie still on the line, right?
[14:39.360 --> 14:40.360]  Yes.
[14:40.360 --> 14:41.360]  Yeah.
[14:41.360 --> 14:42.360]  Okay.
[14:42.360 --> 14:45.200]  So Eddie, you know, you directed me to go to look up the civil code.
[14:45.200 --> 14:47.680]  You said it shouldn't be very long.
[14:47.680 --> 14:56.960]  I did, and, I mean, it's like 150 pages, I downloaded it today, and it's like 150 pages.
[14:56.960 --> 15:00.760]  It seems rather lengthy, so I don't know.
[15:00.760 --> 15:02.600]  I just kind of refresh your memory.
[15:02.600 --> 15:09.880]  I got this civil code you said because based on the plea of not guilty at the county clerk's
[15:09.880 --> 15:14.120]  office, you know, you said I should pursue my...
[15:14.120 --> 15:17.800]  Yeah, let me bring Randy up to speed on this.
[15:17.800 --> 15:21.760]  What happened, Randy, was he got two traffic citations that specifically state that they're
[15:21.760 --> 15:24.840]  a violation of, you said, a city ordinance?
[15:24.840 --> 15:32.040]  I mean, I got this, the state statute is listed on the ticket.
[15:32.040 --> 15:33.040]  Okay.
[15:33.040 --> 15:35.280]  It's a violation of a state statute.
[15:35.280 --> 15:41.920]  Anyway, anyway, he went in, and the court clerk took a plea from him at the window,
[15:41.920 --> 15:47.160]  not in the presence of the judge or the judge didn't do it, the court clerk did it.
[15:47.160 --> 15:53.000]  The clerk gave him a form to sign, accepting his plea and so on and so forth.
[15:53.000 --> 15:58.000]  I recommended that he go and look up what the code of criminal procedure stipulates
[15:58.000 --> 16:00.920]  is required for the entering of a plea.
[16:00.920 --> 16:05.480]  And then there was something he brought up dealing with the piece of paper that he had
[16:05.480 --> 16:11.040]  that stated that it was a civil statute that they were dealing with.
[16:11.040 --> 16:16.200]  So I told him to also check the civil code of procedure to see what was relevant to what
[16:16.200 --> 16:20.080]  was going on there as far as the acceptance of a plea and who could do it and so on and
[16:20.080 --> 16:21.360]  so forth.
[16:21.360 --> 16:23.160]  And that's where we're at right now.
[16:23.160 --> 16:25.160]  Okay, go ahead.
[16:25.160 --> 16:27.160]  Let me show...
[16:27.160 --> 16:33.040]  Yeah, I'm sorry, that's for Randy then, for him to go ahead.
[16:33.040 --> 16:34.040]  Okay.
[16:34.040 --> 16:45.000]  It's not uncommon for municipalities to pass ordinances that mimic the traffic code.
[16:45.000 --> 16:51.360]  And what happens when they do that is they bring the violation out of the state and into
[16:51.360 --> 16:53.400]  the city.
[16:53.400 --> 17:02.560]  And Eddie, we were talking earlier about a municipal prosecutor not having authority
[17:02.560 --> 17:06.120]  to prosecute a state crime.
[17:06.120 --> 17:07.120]  If the city has passed...
[17:07.120 --> 17:08.120]  Hold on, hold on one second.
[17:08.120 --> 17:12.280]  Randy, Randy, something's going on with your mic.
[17:12.280 --> 17:16.800]  We can't hear you very well and there's like a lot of like explosion noise and shuffling
[17:16.800 --> 17:17.800]  and stuff.
[17:17.800 --> 17:18.800]  Okay.
[17:18.800 --> 17:19.800]  Is that better?
[17:19.800 --> 17:20.800]  Yeah.
[17:20.800 --> 17:21.800]  Yeah.
[17:21.800 --> 17:22.800]  Okay.
[17:22.800 --> 17:23.800]  I'm sorry, I had it tipped down so I wouldn't breathe on it.
[17:23.800 --> 17:24.800]  Okay.
[17:24.800 --> 17:30.280]  If the city has passed ordinances, the ordinance will look like the state law.
[17:30.280 --> 17:37.760]  But they can file the claim under the city ordinances rather than state law and that
[17:37.760 --> 17:44.360]  way the prosecutor gets to adjudicate it and the city gets to play fast and loose with
[17:44.360 --> 17:45.360]  the funds.
[17:45.360 --> 17:53.600]  And I don't know that there is a remedy for that.
[17:53.600 --> 17:54.960]  I don't know that that's actually happened.
[17:54.960 --> 18:00.040]  I mean, again, the state statute is listed on the ticket as far as what my specific violation
[18:00.040 --> 18:01.040]  was.
[18:01.040 --> 18:02.040]  I looked up that statutes...
[18:02.040 --> 18:03.040]  Oh.
[18:03.040 --> 18:04.040]  Oh.
[18:04.040 --> 18:08.920]  So you're not accused of violating a city ordinance but rather a state law.
[18:08.920 --> 18:09.920]  Right.
[18:09.920 --> 18:10.920]  State law.
[18:10.920 --> 18:11.920]  And I was...
[18:11.920 --> 18:12.920]  Okay.
[18:12.920 --> 18:17.240]  You know, when this originally happened, I, you know, as Eddie said, look up specifically
[18:17.240 --> 18:21.960]  the statute I violated so I understand the elements of the crime I'm being accused of.
[18:21.960 --> 18:30.360]  So I mean, the section that I looked up in the subsection one of state statute 316.187,
[18:30.360 --> 18:37.960]  it simply states that the, I think, the Department of Transportation has the right to, you know,
[18:37.960 --> 18:43.080]  set up a speed limit that they deem safe.
[18:43.080 --> 18:44.080]  And that's all it is.
[18:44.080 --> 18:46.880]  So it says that I violated that.
[18:46.880 --> 18:53.080]  And then as well, one for expired tags and, I mean, just basically, you know, a motor
[18:53.080 --> 18:58.440]  vehicle has to have tags, you know, a fix to the car with...
[18:58.440 --> 19:00.440]  Were you driving a motor vehicle?
[19:00.440 --> 19:02.360]  I'm sorry?
[19:02.360 --> 19:04.680]  Were you driving a motor vehicle?
[19:04.680 --> 19:13.920]  Well, according to the state of Florida definition of motor vehicle, yes.
[19:13.920 --> 19:15.360]  Have you looked those up?
[19:15.360 --> 19:24.520]  Yeah, and I'm actually, if you give me one second, I will read their definition of that.
[19:24.520 --> 19:25.520]  Okay.
[19:25.520 --> 19:29.280]  Now there's another thing you mentioned you also need to be aware of.
[19:29.280 --> 19:33.320]  If it says they're allowed to set the speed limit, what you need to see is whether or
[19:33.320 --> 19:37.480]  not the statute says it's a prima facie speed limit.
[19:37.480 --> 19:44.000]  Prima facie means on the face of, meaning on first impression, this is the only safe
[19:44.000 --> 19:46.880]  speed this road may be traveled.
[19:46.880 --> 19:51.520]  But the problem with prima facie is as soon as you do something that goes against what
[19:51.520 --> 19:56.320]  stated and prove it's incorrect, prima facie falls apart.
[19:56.320 --> 20:03.360]  If the speed limit that's posted as a prima facie safe speed is 70 and you safely traverse
[20:03.360 --> 20:10.720]  the road at 85, then you've proven 70 is not the only safe speed on its face, as long as
[20:10.720 --> 20:15.760]  you didn't cause an accident or harm anybody or other property.
[20:15.760 --> 20:19.080]  You proved prima facie was absolutely incorrect.
[20:19.080 --> 20:20.080]  Okay.
[20:20.080 --> 20:23.480]  Well, let me respond to each one of those.
[20:23.480 --> 20:29.480]  I mean, in terms of motor vehicle, their definition is simply any self-propelled vehicle not operated
[20:29.480 --> 20:36.720]  upon rails or guideway, but not including any motorized scooter, electric personal assistive,
[20:36.720 --> 20:38.440]  mobility device or MOBED.
[20:38.440 --> 20:45.720]  So I think, you know, a car, automobile, however you want to say, it falls into that classification.
[20:45.720 --> 20:48.320]  It says any vehicle?
[20:48.320 --> 20:51.320]  Any self-propelled, self-propelled vehicle.
[20:51.320 --> 20:52.320]  Okay.
[20:52.320 --> 20:57.560]  What's the definition of self-propelled vehicle or vehicle?
[20:57.560 --> 20:58.560]  They don't have that.
[20:58.560 --> 21:03.880]  I mean, that's specifically where there's, I guess, I have to look that up in, well vehicle
[21:03.880 --> 21:10.680]  and self-propelled device, vehicle and self-propelled, every device in, upon or by which any person
[21:10.680 --> 21:14.200]  or property is or may be transported or transported.
[21:14.200 --> 21:15.200]  There you go.
[21:15.200 --> 21:16.200]  Stop right there.
[21:16.200 --> 21:19.520]  Person, property, transported.
[21:19.520 --> 21:23.440]  Find what those terms are defined as in your state statutes.
[21:23.440 --> 21:26.320]  I guarantee you, you're not a person.
[21:26.320 --> 21:33.080]  You were not transporting anything, okay, upon the road.
[21:33.080 --> 21:39.320]  Transport is a derivative of the word transportation, which means commercial activity by a common
[21:39.320 --> 21:45.160]  carrier, which you presumably are not.
[21:45.160 --> 21:48.440]  Okay.
[21:48.440 --> 21:52.120]  It's very important that we look up all of the terms.
[21:52.120 --> 21:53.120]  Yes.
[21:53.120 --> 21:56.440]  I'll reiterate something I've said on this show many times since they've allowed me to
[21:56.440 --> 22:02.560]  get on here and voice my loud mouth, and that is never, ever, ever assume that you know
[22:02.560 --> 22:09.560]  what the word, any word in a statute means, right down to the word the, as Randy would
[22:09.560 --> 22:10.840]  put it.
[22:10.840 --> 22:12.320]  Never assume you know what it means.
[22:12.320 --> 22:13.320]  Okay.
[22:13.320 --> 22:14.320]  Question.
[22:14.320 --> 22:15.320]  What does the mean?
[22:15.320 --> 22:16.320]  Right.
[22:16.320 --> 22:21.840]  I mean, we've run over this one before on another call, so I can remember.
[22:21.840 --> 22:23.480]  That's why this is important.
[22:23.480 --> 22:24.480]  Right.
[22:24.480 --> 22:27.960]  The means one previously mentioned.
[22:27.960 --> 22:32.200]  We need to be able to define the terms that we're using.
[22:32.200 --> 22:39.160]  We use them automatically without thinking about them, and when we move from the common
[22:39.160 --> 22:49.120]  social structure to the legal structure, the meanings of words change dramatically.
[22:49.120 --> 22:55.880]  And if you go look them up and read them in the legal context, when you come back before
[22:55.880 --> 23:07.800]  the court, you will kick the prosecutors behind, because he's lazy, and he never reads the
[23:07.800 --> 23:08.800]  definitions.
[23:08.800 --> 23:09.800]  Okay.
[23:09.800 --> 23:10.800]  Okay.
[23:10.800 --> 23:20.960]  So I need to look up those definitions, obviously, and then the other point that you brought
[23:20.960 --> 23:26.240]  up was regarding the speed limit.
[23:26.240 --> 23:27.560]  Correct.
[23:27.560 --> 23:35.760]  I can read to you right now, the specific statute, 316, it's listed here as, you know,
[23:35.760 --> 23:45.240]  my infraction was on speeding unlawful speed on a state road, and then it's listed as 316.187
[23:45.240 --> 23:46.240]  subsection one.
[23:46.240 --> 23:51.200]  That specific subsection reads as, whenever the Department of Transportation determines
[23:51.200 --> 24:00.720]  upon the basis of an engineering and traffic investigation that any speed is greater or
[24:00.720 --> 24:07.560]  less than, is reasonable or safe under the conditions found to exist at any intersection
[24:07.560 --> 24:16.400]  or other place or upon any part of a highway outside of a municipality or upon any state
[24:16.400 --> 24:22.560]  roads, connecting links or extensions thereof within a municipality, the Department of Transportation
[24:22.560 --> 24:29.480]  may determine and declare a reasonable and safe speed limit threat which shall be effective
[24:29.480 --> 24:35.280]  when appropriate signs giving notice thereof are erected at the intersection or other
[24:35.280 --> 24:38.320]  place or part of the highway.
[24:38.320 --> 24:39.320]  Okay.
[24:39.320 --> 24:43.480]  Now stop and go back up and read the first part of that, and I'm going to interrupt you
[24:43.480 --> 24:45.720]  when you get to the spot.
[24:45.720 --> 24:46.720]  Okay.
[24:46.720 --> 24:51.800]  Whenever the Department of Transportation determines upon the basis of an engineering
[24:51.800 --> 24:55.920]  and traffic investigation that any speed is greater or less than, okay.
[24:55.920 --> 24:56.920]  Stop.
[24:56.920 --> 25:01.840]  First off, have they produced an engineering and traffic investigation that certifies the
[25:01.840 --> 25:04.440]  speed limit on that stretch of highway?
[25:04.440 --> 25:07.880]  Not as of yet, and I'm assuming that I need to ask that.
[25:07.880 --> 25:09.640]  And I guarantee you they won't.
[25:09.640 --> 25:11.120]  Have you requested it?
[25:11.120 --> 25:13.400]  It doesn't exist.
[25:13.400 --> 25:14.400]  Have you requested it?
[25:14.400 --> 25:15.400]  Well, no.
[25:15.400 --> 25:16.400]  I haven't had the opportunity.
[25:16.400 --> 25:17.400]  You said.
[25:17.400 --> 25:18.400]  All right.
[25:18.400 --> 25:24.440]  Now, the next thing down there is where it says determines a safe and reasonable speed
[25:24.440 --> 25:26.480]  based upon the conditions.
[25:26.480 --> 25:29.600]  That is a prima facie speed limit.
[25:29.600 --> 25:33.320]  Even though the words are not used, that's exactly what that means.
[25:33.320 --> 25:36.480]  Under the conditions.
[25:36.480 --> 25:39.040]  Under the existing conditions is what it says.
[25:39.040 --> 25:45.320]  Now, if you did anything, irregardless of what the conditions were, if you traveled
[25:45.320 --> 25:52.920]  that road without causing harm of any kind to anyone in any way, shape, or form, then
[25:52.920 --> 25:59.440]  you safely traversed that road under the existing conditions, did you not?
[25:59.440 --> 26:01.360]  Correct.
[26:01.360 --> 26:05.680]  And you did not violate that statute.
[26:05.680 --> 26:10.180]  In order for you to violate that statute, you would have had to have caused something
[26:10.180 --> 26:13.480]  that would have been unsafe.
[26:13.480 --> 26:15.480]  Okay.
[26:15.480 --> 26:16.480]  Okay.
[26:16.480 --> 26:22.080]  So, my defense would be on both of those points.
[26:22.080 --> 26:24.880]  Your defense is multi-fold, okay?
[26:24.880 --> 26:26.400]  Do not rely on one.
[26:26.400 --> 26:28.040]  Do not write them up together.
[26:28.040 --> 26:31.200]  Write them up separately.
[26:31.200 --> 26:35.920]  Report references to dismissal for lack of subject matter jurisdiction based upon these
[26:35.920 --> 26:37.720]  statutory references.
[26:37.720 --> 26:38.720]  Yes.
[26:38.720 --> 26:49.400]  And if you go to these issues, you will lose every time because it goes to issues of fact
[26:49.400 --> 26:56.200]  and the judge has discretion to determine what facts he believes to be relevant and
[26:56.200 --> 27:00.440]  he can rule against you out of hand.
[27:00.440 --> 27:12.120]  Just to back up and go to procedure, were you taken before a magistrate?
[27:12.120 --> 27:14.120]  No.
[27:14.120 --> 27:20.880]  Were you required to appear before a magistrate when you signed the citation?
[27:20.880 --> 27:23.880]  No.
[27:23.880 --> 27:33.160]  The only reason you can be required to appear before a court is to appear before a magistrate
[27:33.160 --> 27:38.240]  and this comes from Gerstein Pugh, which happens to be a Florida case, which is the seminal
[27:38.240 --> 27:40.800]  case on this issue.
[27:40.800 --> 27:50.280]  If you are arrested on a on-site offense, the officer has the authority to hold you
[27:50.280 --> 27:54.680]  for as long as it takes to do those things in ciliary arrest to ensure the safety of
[27:54.680 --> 27:58.040]  the officer and prevent the escape of the accused.
[27:58.040 --> 28:02.800]  After that, those goals are accomplished and must get you before a magistrate for the purpose
[28:02.800 --> 28:04.960]  of an examining trial.
[28:04.960 --> 28:12.440]  Now in most states, and I'm sure Texas is the same way, in the matter of an offense
[28:12.440 --> 28:20.200]  wherein there is no period of confinement prescribed, the officer is authorized to
[28:20.200 --> 28:31.120]  release you on your own recognizance on your promise to appear before a magistrate, not
[28:31.120 --> 28:32.120]  a judge.
[28:32.120 --> 28:33.120]  Right.
[28:33.120 --> 28:40.720]  But when I was in front of the clerk of the court, I asked the question, I said, you know,
[28:40.720 --> 28:45.800]  what am I doing right now as I enter this plea of not guilty to the traffic infractions?
[28:45.800 --> 28:50.480]  She basically presented me with a form to sign in order to enter this plea.
[28:50.480 --> 28:58.760]  And as Eddie said, this is not legal and I'm trying to find where the law states that in
[28:58.760 --> 29:03.600]  the civil code, but it's 150 pages and it just seems, I mean, it's kind of...
[29:03.600 --> 29:09.160]  All you're looking for is the reference to acceptance of a plea, how a plea must be entered,
[29:09.160 --> 29:14.000]  who must be present, who must sign the order, who must take the plea, who must adjudicate
[29:14.000 --> 29:16.040]  any hearing going on.
[29:16.040 --> 29:18.720]  That's the only part you got to worry about finding.
[29:18.720 --> 29:19.720]  Okay.
[29:19.720 --> 29:26.160]  So, you know, at any rate, I did sign this plea of not guilty, gave it, you know, turned
[29:26.160 --> 29:27.760]  it in and asked what the next step was.
[29:27.760 --> 29:34.760]  So, there's a date has been set, you know, for me to, I'm sorry, appear before magistrate
[29:34.760 --> 29:40.400]  to then enter my plea, I guess, officially and then a hearing, that's the hearing and
[29:40.400 --> 29:46.120]  then my court date will be set from there.
[29:46.120 --> 29:51.120]  Hello, guys?
[29:51.120 --> 29:54.120]  Randy?
[29:54.120 --> 29:59.440]  I'm here.
[29:59.440 --> 30:00.840]  I guess we lost Randy there.
[30:00.840 --> 30:01.840]  No, I'm here.
[30:01.840 --> 30:02.840]  Oh, okay.
[30:02.840 --> 30:03.840]  Okay.
[30:03.840 --> 30:04.840]  I missed that last part.
[30:04.840 --> 30:08.200]  I was reading Skype messages.
[30:08.200 --> 30:09.200]  I'm getting old.
[30:09.200 --> 30:11.000]  I became a multi-task well.
[30:11.000 --> 30:13.000]  What was the last question?
[30:13.000 --> 30:19.960]  So, I basically said I entered my plea of not guilty at the county clerk's office, signed
[30:19.960 --> 30:27.680]  the form and then I guess that was my initial entry, so that I never appear before the magistrate
[30:27.680 --> 30:30.920]  and then again, you know, and my plea-
[30:30.920 --> 30:31.920]  Wait a minute.
[30:31.920 --> 30:32.920]  Wait a minute.
[30:32.920 --> 30:33.920]  You went to the court-
[30:33.920 --> 30:34.920]  Right.
[30:34.920 --> 30:39.480]  And appeared before a clerk?
[30:39.480 --> 30:40.480]  Yeah.
[30:40.480 --> 30:44.360]  I go to Palm Beach County Courthouse, walk in the door, go in a waiting room, they call
[30:44.360 --> 30:48.680]  me into a window, sit down in front of a clerk, ask me what I want to do, present the form,
[30:48.680 --> 30:51.680]  I sign it.
[30:51.680 --> 30:57.920]  Did you, did the citation state a date and time to appear?
[30:57.920 --> 31:01.080]  Citation does not, form does.
[31:01.080 --> 31:03.040]  What did the citation say?
[31:03.040 --> 31:07.720]  Did you appear at a certain date, certain time or did it on or before?
[31:07.720 --> 31:08.720]  So, okay.
[31:08.720 --> 31:12.200]  So, the citation I received from the cop.
[31:12.200 --> 31:13.200]  Correct.
[31:13.200 --> 31:14.200]  Yeah.
[31:14.200 --> 31:20.360]  That's, I know, I just, I just don't have 30 days to respond to it.
[31:20.360 --> 31:24.000]  Now, where states that I have to appear anywhere, I'm not seeing that right now.
[31:24.000 --> 31:25.160]  No, no.
[31:25.160 --> 31:31.320]  When you look at the, when you look at the ticket, the ticket either, when you signed
[31:31.320 --> 31:39.800]  a ticket, you had to promise to appear, or had to promise to appear either at a date
[31:39.800 --> 31:48.480]  and time certain stated on the ticket, or as is often the case, you're ordered to appear,
[31:48.480 --> 31:51.640]  to appear on or before a certain date.
[31:51.640 --> 31:57.880]  Well, now he's in Florida, so remember that, that may not necessarily be the case.
[31:57.880 --> 31:58.880]  I understand.
[31:58.880 --> 31:59.880]  I'm getting to that point.
[31:59.880 --> 32:04.800]  Did it say a date and time certain?
[32:04.800 --> 32:05.800]  It does not.
[32:05.800 --> 32:09.320]  I mean, because that would have to be printed, you know, like basically, because this was
[32:09.320 --> 32:12.040]  one of the digitally printed citations.
[32:12.040 --> 32:13.040]  Yeah.
[32:13.040 --> 32:20.360]  Well, sometimes, sometimes the officer, you know, even if the citation is printed, he
[32:20.360 --> 32:27.800]  will write on it a date and time, because some magistrates say, okay, I will sit for
[32:27.800 --> 32:32.840]  these kinds of situations on this day at this time.
[32:32.840 --> 32:40.840]  So they're right on the ticket that you promised to appear on this day at this time.
[32:40.840 --> 32:49.960]  Other times they say you promised to appear at this court on or before a given date.
[32:49.960 --> 32:56.960]  And the reason I'm raising this issue is when you promise to appear, you do not promise
[32:56.960 --> 33:08.960]  to appear before a clerk or before a judge, you promise to appear before a magistrate.
[33:08.960 --> 33:15.840]  And what the magistrate must do is make a determination of probable cause.
[33:15.840 --> 33:24.920]  If you go into court and they ask you for a plea and take no evidence, that's not an
[33:24.920 --> 33:26.800]  examining trial.
[33:26.800 --> 33:31.520]  So you're appearing before a judge in an arraignment hearing.
[33:31.520 --> 33:35.920]  An arraignment is a hearing for the purpose of determining the identity of the accused
[33:35.920 --> 33:39.000]  and taking a plea.
[33:39.000 --> 33:43.320]  And that can be done if you have never been arrested.
[33:43.320 --> 33:49.120]  Say I come in and accuse you of a crime and the judge knows you.
[33:49.120 --> 33:52.200]  And he says, well, he's an upsetting member of the community.
[33:52.200 --> 33:53.200]  He's not going anywhere.
[33:53.200 --> 33:55.400]  This is a minor offense.
[33:55.400 --> 33:58.760]  I will summon him to my court.
[33:58.760 --> 34:02.120]  He can summon you to the court.
[34:02.120 --> 34:08.120]  In that case, your right to an examining trial does not necessarily attach.
[34:08.120 --> 34:16.640]  However, if you have been arrested, the right to an examining trial attaches.
[34:16.640 --> 34:18.100]  That changes everything.
[34:18.100 --> 34:23.620]  For on a summons, you can be summoned to the court for an arraignment because you've never
[34:23.620 --> 34:29.200]  been arrested and there may not be any intent to arrest you.
[34:29.200 --> 34:34.600]  If you're summoned to the court as a material witness, there's no intent to arrest you.
[34:34.600 --> 34:39.480]  You're summoned to the court, you identify yourself.
[34:39.480 --> 34:44.160]  If you're accused of a crime and the judge has no intention of putting you in jail, he
[34:44.160 --> 34:50.400]  has summoned you to the court, determine your identity for certain and take a plea.
[34:50.400 --> 34:51.400]  That can happen.
[34:51.400 --> 34:53.720]  It doesn't, but it can.
[34:53.720 --> 34:59.800]  However, if you're arrested, that is another animal.
[34:59.800 --> 35:04.000]  And the police officer, when he stopped you, he arrested you.
[35:04.000 --> 35:08.880]  And when you signed that citation, you agreed to appear not before a judge, but before a
[35:08.880 --> 35:09.880]  magistrate.
[35:09.880 --> 35:12.960]  So if you went to the court and there was no magistrate there to make a determination
[35:12.960 --> 35:16.440]  of probable cause, that's a due process violation.
[35:16.440 --> 35:19.960]  Does that make sense?
[35:19.960 --> 35:20.960]  It does.
[35:20.960 --> 35:27.080]  I mean, if I'm looking at whether or not a state judge needed to appear before a magistrate
[35:27.080 --> 35:31.960]  on the ticket, I mean, I'll just quickly tell you there's a few, tickets have been sectioned
[35:31.960 --> 35:33.400]  off under different categories.
[35:33.400 --> 35:38.840]  There's a violator and that just has my personal information off my driver's license, registration
[35:38.840 --> 35:45.840]  based on my car information, location of the citation or the speeding infraction, the road
[35:45.840 --> 35:50.040]  I was targeted on, the violation specifically I'm being charged with, which is the state
[35:50.040 --> 35:51.400]  statute number.
[35:51.400 --> 35:55.760]  And then the court information, which I think what you're getting at, now it says infraction
[35:55.760 --> 36:02.000]  under the court information section, there's infraction, court not required.
[36:02.000 --> 36:05.120]  And then it says court.
[36:05.120 --> 36:11.080]  While you're on that subject, make sure you find out what an infraction is defined as.
[36:11.080 --> 36:12.080]  Okay.
[36:12.080 --> 36:13.080]  Yeah.
[36:13.080 --> 36:14.080]  Sorry to interrupt.
[36:14.080 --> 36:15.080]  Go ahead.
[36:15.080 --> 36:16.080]  Yeah.
[36:16.080 --> 36:17.080]  They do that in California.
[36:17.080 --> 36:24.480]  They have the minor allegations are considered infractions and not crimes.
[36:24.480 --> 36:25.480]  Okay.
[36:25.480 --> 36:28.440]  And I just got a chat from Steve Skidmore.
[36:28.440 --> 36:36.640]  He's saying that the ticket is the original summons, the notice to appear, is that correct?
[36:36.640 --> 36:37.640]  Exactly right.
[36:37.640 --> 36:41.640]  It's a criminal accusation and the summons.
[36:41.640 --> 36:48.480]  Well, it's my understanding that when you get a ticket, when you get pulled over, you're
[36:48.480 --> 36:49.480]  being arrested.
[36:49.480 --> 36:50.480]  Exactly.
[36:50.480 --> 36:54.160]  In technical law, you have to be arrested before you can be required to sign a ticket.
[36:54.160 --> 36:55.160]  Okay.
[36:55.160 --> 36:59.160]  So then you have a right to examining trial then.
[36:59.160 --> 37:00.160]  Yes.
[37:00.160 --> 37:01.160]  Exactly.
[37:01.160 --> 37:10.760]  The statute requires that you promise to appear not before a judge, but before a magistrate.
[37:10.760 --> 37:17.120]  At a magistrate, all he can do is make a determination of probable cause.
[37:17.120 --> 37:23.680]  But what they consistently do is have you appear before a court clerk who impersonates
[37:23.680 --> 37:30.080]  a judicial officer and takes a plea.
[37:30.080 --> 37:38.040]  I just filed some really ugly criminal complaints against some court clerks for doing a song
[37:38.040 --> 37:39.040]  and dance with warrants.
[37:39.040 --> 37:42.680]  And I just wanted to say callers, just hang in the line, we're going to take everyone.
[37:42.680 --> 37:43.680]  Yeah.
[37:43.680 --> 37:44.680]  Okay.
[37:44.680 --> 37:47.680]  We really need to move this along.
[37:47.680 --> 37:49.640]  Have we answered your questions?
[37:49.640 --> 37:51.640]  Well, okay.
[37:51.640 --> 37:57.320]  So I know I need to look up these definitions and better understand what exactly I'm being
[37:57.320 --> 37:58.320]  charged with.
[37:58.320 --> 38:02.920]  But I guess, you know, when I'm looking to go in there now, as I understand, I go in
[38:02.920 --> 38:09.120]  there on this date that they set, which is July 28th, Tuesday coming up, I'm to get in
[38:09.120 --> 38:13.640]  front of this magistrate to simply enter my plea officially as not guilty.
[38:13.640 --> 38:15.240]  And then they set my court date so...
[38:15.240 --> 38:18.360]  No, no, that's not why you go before the magistrate.
[38:18.360 --> 38:20.400]  Yeah, this is what I was told.
[38:20.400 --> 38:21.960]  So I don't know what I'm doing then.
[38:21.960 --> 38:22.960]  Okay.
[38:22.960 --> 38:23.960]  Okay.
[38:23.960 --> 38:29.600]  One thing to understand about public officials in the criminal justice system, if their lips
[38:29.600 --> 38:39.680]  are moving, okay, maybe they're not lying, but it would behoove you to assume that they
[38:39.680 --> 38:40.680]  are.
[38:40.680 --> 38:45.880]  You are required to go before a magistrate not to enter a plea.
[38:45.880 --> 38:48.680]  That would be an arraignment.
[38:48.680 --> 38:54.880]  You are to go before a magistrate for the purpose of holding an examining trial.
[38:54.880 --> 39:00.600]  I would suggest that you demand that the magistrate hold an examining trial.
[39:00.600 --> 39:06.800]  And if he will say, well, that's not why we're here today, then you tell him to get out of
[39:06.800 --> 39:07.800]  here.
[39:07.800 --> 39:10.880]  Get me a magistrate in here.
[39:10.880 --> 39:15.560]  I agreed to appear before a magistrate, not a judge.
[39:15.560 --> 39:19.520]  You might even ask him if he's a judge or a magistrate.
[39:19.520 --> 39:23.400]  And if he says a judge, tell him that, get me a magistrate.
[39:23.400 --> 39:27.680]  I agreed to appear before a magistrate, I demanded a magistrate.
[39:27.680 --> 39:30.760]  And that'll get them jumping up and down.
[39:30.760 --> 39:37.800]  But it also covers all of your bases, all of the legal positions.
[39:37.800 --> 39:43.640]  Now also, just in case, I don't know how it is in Florida, but in Texas and those courts,
[39:43.640 --> 39:45.200]  they are not courts of record.
[39:45.200 --> 39:48.000]  There is no court reporter.
[39:48.000 --> 39:53.640]  So you need to take somebody with you as a witness to all actions, and I highly recommend
[39:53.640 --> 39:59.560]  unless you got a law that specifically prohibits it, take in some type of recording device.
[39:59.560 --> 40:03.800]  You are in Florida, you can record the proceedings.
[40:03.800 --> 40:06.320]  Okay.
[40:06.320 --> 40:13.560]  So take a recording device with you and set it out on the table in plain sight.
[40:13.560 --> 40:16.560]  Then no one has an expectation of privacy.
[40:16.560 --> 40:18.040]  Okay.
[40:18.040 --> 40:24.680]  In Florida, you're allowed to record the proceedings, except in the federal court.
[40:24.680 --> 40:26.800]  They'll throw you out in the street.
[40:26.800 --> 40:30.640]  Actually, they'll throw you out across the street.
[40:30.640 --> 40:32.640]  Deborah and I know all about that.
[40:32.640 --> 40:33.640]  Okay.
[40:33.640 --> 40:37.160]  We really need to move along.
[40:37.160 --> 40:38.160]  Okay.
[40:38.160 --> 40:42.280]  I'll kind of follow up, I'm going to listen to the archives on this again.
[40:42.280 --> 40:46.120]  I'll follow up on what we say so I can call on Monday, get more specific, zero in on what
[40:46.120 --> 40:47.600]  I need to do on Tuesday.
[40:47.600 --> 40:48.600]  Good.
[40:48.600 --> 40:51.440]  Just get your research done so you'll know.
[40:51.440 --> 40:52.440]  Read the code.
[40:52.440 --> 40:53.440]  All right.
[40:53.440 --> 40:54.440]  Thank you very much.
[40:54.440 --> 40:55.440]  All right.
[40:55.440 --> 40:56.440]  You're welcome.
[40:56.440 --> 40:57.440]  Thank you.
[40:57.440 --> 40:58.440]  Okay.
[40:58.440 --> 40:59.440]  We're going to continue on.
[40:59.440 --> 41:01.360]  Callers, thank you for being so patient.
[41:01.360 --> 41:02.360]  We had Mike from Connecticut.
[41:02.360 --> 41:04.120]  I was going to go to him next.
[41:04.120 --> 41:05.120]  He dropped off the line.
[41:05.120 --> 41:07.160]  I'm going to go to Mo from Texas.
[41:07.160 --> 41:09.840]  We're still taking all of our first-time callers.
[41:09.840 --> 41:11.320]  Mo, thanks for calling in.
[41:11.320 --> 41:13.320]  What's on your mind?
[41:13.320 --> 41:21.320]  Yes, two things, first and foremost, this is family matter.
[41:21.320 --> 41:30.400]  My wife and two kids lived in Austin, Texas, and at some time last year, I was attending
[41:30.400 --> 41:35.640]  ACC, so we had to go to China for a trip.
[41:35.640 --> 41:40.600]  She decided we had discussion that she was going to go see her people back in New York
[41:40.600 --> 41:44.640]  State, in Jimstown.
[41:44.640 --> 41:46.480]  I left on the 6th of March.
[41:46.480 --> 41:52.360]  She left on the 8th of March, and as soon as she reached there, she wrote back and said
[41:52.360 --> 41:57.200]  she no longer intend to return to Texas, okay?
[41:57.200 --> 42:01.000]  So I'm like, well, you live there with your people.
[42:01.000 --> 42:06.200]  I don't mind going there, but I don't want myself and you and the kids to be burdened
[42:06.200 --> 42:09.760]  on your people, on your aunt and her husband.
[42:09.760 --> 42:15.760]  So we decided that when I got a job there, I'll move there, but I cannot quit my job
[42:15.760 --> 42:19.200]  there and go there without a job in line.
[42:19.200 --> 42:21.720]  So it's been like that.
[42:21.720 --> 42:29.840]  Last September, I flew there and stayed in the hotel, and up to that time, she won't
[42:29.840 --> 42:32.720]  let me know the physical address of where she stays.
[42:32.720 --> 42:41.400]  She will only send me a box number, so she brought the kids to my hotel, I met them until
[42:41.400 --> 42:48.040]  the relatives or aunt and uncle met me and they said, well, we can bring him to the house
[42:48.040 --> 42:54.640]  and have dinner for him when they play soccer with the kids, the aunt and son would play
[42:54.640 --> 42:55.640]  soccer together.
[42:55.640 --> 42:56.640]  And they were impressed.
[42:56.640 --> 42:59.640]  They told me I'm welcome there to make things shorter.
[42:59.640 --> 43:04.520]  So I was still working here and making support to them.
[43:04.520 --> 43:12.160]  So this year, like she said, she wanted to go back to school and for the state or the
[43:12.160 --> 43:18.840]  city to support the kids in daycare, she would have to make the support official.
[43:18.840 --> 43:27.000]  So okay, go ahead and file child support and the 8th of July, that was someone to appear
[43:27.000 --> 43:35.240]  in the court, but they have the means of electronically, by telephone, they call me and I answer in
[43:35.240 --> 43:40.400]  25% of my income will go to child support, no problem.
[43:40.400 --> 43:44.800]  Wait a minute, has your wife or you filed for divorce?
[43:44.800 --> 43:47.720]  Nobody did that, not even legal separation.
[43:47.720 --> 43:48.720]  Okay.
[43:48.720 --> 43:59.520]  In Texas, you are the man of the household, where you live is the domicile.
[43:59.520 --> 44:06.440]  If the wife leaves the domicile with the children, that's abandonment.
[44:06.440 --> 44:07.680]  She can't just do that.
[44:07.680 --> 44:09.120]  You can bring her back to Texas.
[44:09.120 --> 44:10.120]  Oh, wait a minute.
[44:10.120 --> 44:11.120]  That's not true.
[44:11.120 --> 44:16.640]  That's not true because I've watched several people that are close to me go through this
[44:16.640 --> 44:21.160]  sort of situation and none of that matters.
[44:21.160 --> 44:25.520]  If there is no, and number one, it doesn't matter whether you're legally married or not
[44:25.520 --> 44:31.480]  or anything or whose name the residence is in or who has the lease or whose name the
[44:31.480 --> 44:34.120]  deed is, none of that matters, okay?
[44:34.120 --> 44:43.240]  If there has not been any formal custodial adjudication in family court and it doesn't
[44:43.240 --> 44:46.680]  matter whether, like I said, whether you're married or not, doesn't matter whether you
[44:46.680 --> 44:51.040]  live together or not, doesn't matter whose name the lease or the house or anything was
[44:51.040 --> 44:52.040]  in, okay?
[44:52.040 --> 44:59.440]  If there is no formal adjudication of custody, then either one of the parents can take the
[44:59.440 --> 45:02.760]  children and go anywhere, even leave the country.
[45:02.760 --> 45:10.440]  Perry, I know for sure because I've been watching this happen very recently, okay?
[45:10.440 --> 45:20.120]  So that's just the way it is and as far as like the visitation, unfortunately, at least
[45:20.120 --> 45:25.800]  the way it is in Texas, child support is on the criminal side of law, visitation is on
[45:25.800 --> 45:31.160]  the civil side of law and cannot be enforced, never is.
[45:31.160 --> 45:36.080]  All they do is slap the custodial parent on the wrist verbally and say, you know, you
[45:36.080 --> 45:42.840]  really have to let the mother or the father, whichever the case may be, see and have visitation
[45:42.840 --> 45:48.600]  with the child and it's never enforced, cannot be enforced, the noncustodial parent can be
[45:48.600 --> 45:54.000]  kept away from the kids for the whole time the kids are growing up and nothing will ever
[45:54.000 --> 45:57.080]  happen to the person who has custody.
[45:57.080 --> 46:02.520]  But if the noncustodial parent misses one child support payment, boy, there's going
[46:02.520 --> 46:07.560]  to be H-E-L-L to pay and eventually we'll end up in jail and that's just the way it
[46:07.560 --> 46:08.560]  is.
[46:08.560 --> 46:13.000]  And here's a very serious concern you should have.
[46:13.000 --> 46:22.960]  If the two of you are separated and you are sending money to the wife and she subsequently
[46:22.960 --> 46:31.480]  files for divorce, she can claim child support for the entire time that you were separated
[46:31.480 --> 46:36.160]  and you'll go to the court and say, hey, I paid her all this money.
[46:36.160 --> 46:40.800]  And they'll say, makes no difference.
[46:40.800 --> 46:48.720]  You have to get the court to order child support and then you pay the child support under the
[46:48.720 --> 46:50.480]  court order.
[46:50.480 --> 46:54.040]  Anything you pay outside of a court order doesn't count.
[46:54.040 --> 47:05.880]  So you could spend two years supporting your kids and then she could file for divorce and
[47:05.880 --> 47:10.440]  ask for child support for the entire time you've been separated.
[47:10.440 --> 47:14.840]  And you'll say, well, I paid her child support and they'll say it wasn't under court order
[47:14.840 --> 47:15.840]  so it doesn't matter.
[47:15.840 --> 47:20.200]  They can go back and charge and make you pay all of that again.
[47:20.200 --> 47:21.200]  That's right.
[47:21.200 --> 47:26.160]  So anything and after there's a court order child support, anything you pay that does
[47:26.160 --> 47:29.560]  not go to the DRO does not count.
[47:29.560 --> 47:30.560]  Okay.
[47:30.560 --> 47:40.280]  I mean, we've actually passed that stage down because when we appeared before whatever the
[47:40.280 --> 47:43.280]  judge, the presiding judge, I was on telephone here.
[47:43.280 --> 47:49.600]  They were there in Jim's stand, they actually asked that question and she said, yes, I've
[47:49.600 --> 47:53.600]  been paying and they asked us to calculate the difference.
[47:53.600 --> 47:56.760]  She says, okay, so that was resolved.
[47:56.760 --> 48:05.600]  So it was like, because of that date forward and the court went and put 25% of my income
[48:05.600 --> 48:11.920]  and I give them my employer address so to say, until they can be taken from my employer
[48:11.920 --> 48:18.960]  as withholding or allowed to physically send the money to the processing center in New
[48:18.960 --> 48:19.960]  York.
[48:19.960 --> 48:20.960]  Okay.
[48:20.960 --> 48:25.760]  If you have the court order, then you're safe.
[48:25.760 --> 48:27.640]  Yeah, I have the court order.
[48:27.640 --> 48:33.360]  The thing now is the second step she took now that kind of failed me is this.
[48:33.360 --> 48:34.920]  She filed for custody.
[48:34.920 --> 48:40.200]  She didn't file for custody before child support but after agreeing to the child support now
[48:40.200 --> 48:42.480]  she filed for custody.
[48:42.480 --> 48:50.520]  I don't have problem this thing with the kid but the arguments she filed for custody, that's
[48:50.520 --> 48:58.680]  the one that failed me, that depict me as a bad fighter, that depict me as misogynist,
[48:58.680 --> 49:01.620]  that depict me as anything cruel.
[49:01.620 --> 49:06.800]  So this is what failed me is she wouldn't ask for limited visitation.
[49:06.800 --> 49:10.600]  I can only see the kid in her presence.
[49:10.600 --> 49:20.160]  This is the thing I want to contend because...
[49:20.160 --> 49:29.080]  This is family court and in family court it's very difficult because the judge in the case
[49:29.080 --> 49:33.240]  is not going to care about your rights.
[49:33.240 --> 49:37.360]  He's not even going to care about the mother's rights.
[49:37.360 --> 49:44.760]  He's only going to care about the children so it's very difficult.
[49:44.760 --> 49:50.600]  I would recommend, Mo, that you try to contact the Men and Fathers Resource Center in your
[49:50.600 --> 49:51.600]  area.
[49:51.600 --> 49:54.440]  Like Men and Fathers Resource Center?
[49:54.440 --> 49:59.800]  Men and Fathers Resource Center, there's one in Austin and I believe there's one in every
[49:59.800 --> 50:06.120]  major city, maybe slightly different name but you can look on the Internet.
[50:06.120 --> 50:12.760]  We don't really deal with family law that much because it gets so sticky and there's...
[50:12.760 --> 50:20.240]  Case law does not apply, there's no statutes other than child support enforcement.
[50:20.240 --> 50:25.880]  We have seen such severity and just outrageousness and a lot of times...
[50:25.880 --> 50:32.840]  I mean, I've seen cases where people have gotten screwed because they had a better lawyer
[50:32.840 --> 50:38.280]  than the other parent.
[50:38.280 --> 50:44.240]  I know somebody personally, they went pro se, they got screwed the first time around
[50:44.240 --> 50:51.080]  because they didn't have a lawyer and the other parent did, same two individuals, second
[50:51.080 --> 50:58.200]  time around, the person who went pro se, they got a lawyer, a good one, supposedly the best
[50:58.200 --> 51:06.640]  one in town as far as family law and got screwed even worse because, oh, well, now you must
[51:06.640 --> 51:11.240]  have money, you can afford this good lawyer who was actually doing the case pro bono,
[51:11.240 --> 51:17.520]  so we're going to give the other parent a little more deference, so it's just you never
[51:17.520 --> 51:21.000]  know what's going to happen to total toss-up, it doesn't matter if you're pro se or if you
[51:21.000 --> 51:25.600]  get the best lawyer around, it seems lately it doesn't matter if you're the mother or
[51:25.600 --> 51:31.560]  the father, it's total craziness, but I would recommend going to the men and fathers resource
[51:31.560 --> 51:32.560]  center.
[51:32.560 --> 51:37.440]  The reason I'm calling if I can apply non-proto because I was driving coming to work tonight,
[51:37.440 --> 51:45.840]  I remember the guy with the software case when he was being advised that he cannot actually
[51:45.840 --> 51:52.080]  appear in California being that he didn't do anything wrong in California and now they
[51:52.080 --> 51:56.680]  are asking me to appear in New York July, I mean August 9th.
[51:56.680 --> 52:05.600]  Yeah, and you could file in as much as you are the father, you maintain the residence,
[52:05.600 --> 52:10.640]  you could file and require that, you know, and move for the case to be moved back to
[52:10.640 --> 52:16.480]  Texas because you have no contacts with New York.
[52:16.480 --> 52:20.800]  Well, the fact that he's the father doesn't matter.
[52:20.800 --> 52:21.800]  Does matter.
[52:21.800 --> 52:22.800]  It doesn't.
[52:22.800 --> 52:23.800]  I can show you.
[52:23.800 --> 52:24.800]  It doesn't matter.
[52:24.800 --> 52:28.920]  You can't say because he's the man, he's the head of the house, like I said, it does not
[52:28.920 --> 52:32.640]  matter who's the male, who's the female, who's the father, who's the mother, whose name the
[52:32.640 --> 52:37.240]  lease is in, whose name the deed is in, none of that matters, okay?
[52:37.240 --> 52:44.120]  In effect, in family court she's right because the judges are given leeway to do whatever
[52:44.120 --> 52:51.360]  they want to and frankly, if your demeanor here on the air reflects your demeanor before
[52:51.360 --> 52:56.480]  the court, that will do you more good than anything.
[52:56.480 --> 53:03.680]  If you don't go before the court giving the judge the impression that you're merely angry
[53:03.680 --> 53:10.740]  at your wife and trying to punish her, he will tend to trust you and lean in your direction
[53:10.740 --> 53:16.320]  more than if you come before the court angry at your wife because the judge is going to
[53:16.320 --> 53:19.600]  be more concerned about the welfare of the children.
[53:19.600 --> 53:25.840]  He's not going to particularly care about you and your wife, so if your demeanor here
[53:25.840 --> 53:33.960]  is any indication, then you can probably get a lot more done with the court just by being
[53:33.960 --> 53:42.840]  reasonable and trying to work out something equitable between the two of you than any
[53:42.840 --> 53:43.840]  other way.
[53:43.840 --> 53:52.000]  How can I bring the matter before in, I mean, Austin instead of New York authority in this?
[53:52.000 --> 53:54.000]  Has your wife filed for divorce?
[53:54.000 --> 53:55.000]  No.
[53:55.000 --> 53:57.960]  And filed for divorce in Austin?
[53:57.960 --> 54:05.360]  I should go and do- Whoever files first gets the venue.
[54:05.360 --> 54:06.840]  Were you guys even married?
[54:06.840 --> 54:12.560]  Yes, we married, often we marry and- Well, wait a minute.
[54:12.560 --> 54:17.240]  You said that there's already been a custody or a child support arrangement legally?
[54:17.240 --> 54:24.560]  Yes, the child support has been arranged legally, but there's no separation or divorce yet.
[54:24.560 --> 54:29.400]  Then file for divorce in Austin, bring the adjudication back to Austin.
[54:29.400 --> 54:35.560]  Yeah, if you file for divorce and custody in Austin, or he may not be in Austin, he
[54:35.560 --> 54:41.400]  says he's in Texas, in whatever county you guys resided in, then that's going to be the
[54:41.400 --> 54:46.960]  court of jurisdiction, and then you will be able to order her to return, but that's not
[54:46.960 --> 54:50.800]  going to have anything to do with who was the man and who was the woman.
[54:50.800 --> 54:56.760]  That just has to do with the court of original jurisdiction of where the filing took place.
[54:56.760 --> 55:01.400]  When the child support legal arrangement took place, was that in the county where you are
[55:01.400 --> 55:02.400]  now?
[55:02.400 --> 55:08.440]  No, the child support took in Cheshatta, where she lives right now in New York.
[55:08.440 --> 55:15.760]  Okay, you file in Texas, then the case is adjudicated in Texas, she'll have to try to
[55:15.760 --> 55:19.240]  move into New York, and that's going to be a problem for her.
[55:19.240 --> 55:28.840]  See, I don't really want anything to enrage her, which will have some consequence on the
[55:28.840 --> 55:29.840]  kids.
[55:29.840 --> 55:38.280]  All I want, I don't want the New York to rule on the matter of this custody.
[55:38.280 --> 55:44.000]  I would have had no problem if they gave me the option to represent myself on telephone.
[55:44.000 --> 55:49.600]  So has she filed for custody in New York yet?
[55:49.600 --> 55:50.600]  She done that, yeah.
[55:50.600 --> 55:56.600]  This is why they asked me to appear there on July 9 for the custody hearing, and I would
[55:56.600 --> 56:01.920]  have no problem since she's already physically in custody of them.
[56:01.920 --> 56:08.120]  I would have no problem if it was just a matter of custody, but the reason she filed for custody,
[56:08.120 --> 56:09.400]  that's what I fear me.
[56:09.400 --> 56:13.400]  Well, see, this is kind of opposite from the way it works in Texas.
[56:13.400 --> 56:19.520]  You can't get any kind of child support ruling without a custody arrangement.
[56:19.520 --> 56:23.600]  That goes hand in hand, so this is very, I guess it's just different because it's under
[56:23.600 --> 56:24.600]  New York.
[56:24.600 --> 56:30.240]  But you're going to have to file some documents in Texas if you want to get this thing swung
[56:30.240 --> 56:31.720]  into your favor.
[56:31.720 --> 56:40.360]  Yes, and I appreciate your position that you want to do what's best for the children.
[56:40.360 --> 56:44.480]  But if you're going to do what's best for the children, you have to keep yourself in
[56:44.480 --> 56:48.000]  a position so that you can take care of them.
[56:48.000 --> 56:51.160]  You're in very dangerous waters here.
[56:51.160 --> 56:56.200]  It may well be that your wife has no intention to harm you.
[56:56.200 --> 56:57.200]  Here's the problem.
[56:57.200 --> 57:02.680]  No, now it was like that before, but right now it seems that it's all intentional to
[57:02.680 --> 57:08.920]  harm me because she says one thing, but the document I received, that's really, really
[57:08.920 --> 57:09.920]  fearsome.
[57:09.920 --> 57:10.920]  Okay.
[57:10.920 --> 57:12.320]  This is what I was going to.
[57:12.320 --> 57:18.880]  She's probably got someone advising her, and if she gets an attorney, the attorney is not
[57:18.880 --> 57:21.480]  going to care about you.
[57:21.480 --> 57:26.320]  He's not going to care about your wife, and he's not going to care about the children.
[57:26.320 --> 57:30.240]  He's going to care about how much money he can extract from the situation.
[57:30.240 --> 57:36.680]  Now, the judge is not going to care about you or your wife, but he is likely to care
[57:36.680 --> 57:38.920]  about the children.
[57:38.920 --> 57:42.160]  But the attorney is not going to care about any of you.
[57:42.160 --> 57:44.640]  You're all just a source of income.
[57:44.640 --> 57:54.280]  You see, over the time when I listen to radio programs, people being Arabian, DC and all
[57:54.280 --> 58:00.480]  these people, what am I afraid of, because each time parents go before the system and
[58:00.480 --> 58:06.080]  try the small slinging, it's in their best interest to go ahead and take the kids from
[58:06.080 --> 58:10.880]  both parents and not give the system more money because that's the best way to pay.
[58:10.880 --> 58:13.440]  Well, see, well, Mo, let me ask you, what are you wanting here?
[58:13.440 --> 58:18.000]  I mean, she's moved to New York.
[58:18.000 --> 58:19.000]  She's got the kids.
[58:19.000 --> 58:25.880]  I mean, are you wanting her to move back so that you'll be able to have more visitation
[58:25.880 --> 58:26.880]  with the kids?
[58:26.880 --> 58:35.080]  Are you wanting to modify the visitation agreement, or what do you want here?
[58:35.080 --> 58:37.080]  I don't want any battle.
[58:37.080 --> 58:39.600]  She doesn't want to come back here.
[58:39.600 --> 58:43.880]  When I tried to move there, she said, well, we are not ready for you right now.
[58:43.880 --> 58:49.200]  It's like, you know, she's been having it both ways.
[58:49.200 --> 58:50.200]  I'm the supporter.
[58:50.200 --> 58:54.800]  If I move there, it's a very little time, Jimmy Stein, if I don't have work in two or
[58:54.800 --> 58:58.360]  three weeks, I know it will be more problem than it is.
[58:58.360 --> 59:05.880]  So when I make the intention of moving there, she would create some, she will staffle it.
[59:05.880 --> 59:07.800]  Well, we don't want you here now.
[59:07.800 --> 59:09.760]  It's been a long time, this and that.
[59:09.760 --> 59:11.120]  I have no problem.
[59:11.120 --> 59:18.160]  What I have problem with, if that documentation that she filed for the custody, if that is
[59:18.160 --> 59:24.200]  executed, then I'm in a big problem, because she said things that are untrue.
[59:24.200 --> 59:29.880]  Yeah, I think the best thing you could do is go to one of these groups.
[59:29.880 --> 59:35.000]  There are groups of fathers who have been really screwed over by the courts.
[59:35.000 --> 59:36.800]  Call the Man and Fathers Resource Center.
[59:36.800 --> 59:38.560]  That's really going to be your best bet.
[59:38.560 --> 59:41.280]  I'll check it out tonight on the internet.
[59:41.280 --> 59:44.360]  Yeah, they can tell you how to protect yourself.
[59:44.360 --> 59:48.320]  Yeah, they're going to have much more experience than we will with that sort of thing.
[59:48.320 --> 59:49.320]  Definitely.
[59:49.320 --> 59:54.760]  I mean, the only reason I went there was that how can I argue that I don't want New York
[59:54.760 --> 01:00:01.400]  to have any rule on the matter, since I've never been to New York and I don't live there.
[01:00:01.400 --> 01:00:03.480]  I call the legal team off.
[01:00:03.480 --> 01:00:08.880]  Well, see, the problem is that she moved there, and she filed court documents there, and she
[01:00:08.880 --> 01:00:13.800]  may have established a residency there, and since she beat you to the punch, so to speak,
[01:00:13.800 --> 01:00:22.160]  she got there first as far as filing documents, then that's what kind of gives the New York
[01:00:22.160 --> 01:00:26.000]  courts the authority to make rulings like this.
[01:00:26.000 --> 01:00:30.600]  But since you guys were married in Texas, if you all have a marriage certificate that
[01:00:30.600 --> 01:00:36.240]  was filed with the court in Texas, then you may be able to bring the jurisdiction back
[01:00:36.240 --> 01:00:40.760]  here, but that's something you're going to have to ask the Men and Fathers Resource Center,
[01:00:40.760 --> 01:00:41.760]  really.
[01:00:41.760 --> 01:00:42.760]  Yeah.
[01:00:42.760 --> 01:00:43.760]  Okay.
[01:00:43.760 --> 01:00:48.960]  They can be much more helpful than we are because we don't have that specific knowledge.
[01:00:48.960 --> 01:00:49.960]  Okay, Mo?
[01:00:49.960 --> 01:00:50.960]  Okay.
[01:00:50.960 --> 01:00:51.960]  Thank you so much.
[01:00:51.960 --> 01:00:52.960]  I appreciate it.
[01:00:52.960 --> 01:00:53.960]  All right.
[01:00:53.960 --> 01:00:54.960]  Thank you.
[01:00:54.960 --> 01:00:59.960]  Yeah, it gets very, very sticky with the courts.
[01:00:59.960 --> 01:01:13.960]  The family court cases always terrify me because we tend to have two parents who both love
[01:01:13.960 --> 01:01:20.400]  the kids dearly, both want to do what's best for the children, and both want to choke each
[01:01:20.400 --> 01:01:21.400]  other.
[01:01:21.400 --> 01:01:22.400]  Yeah.
[01:01:22.400 --> 01:01:27.840]  I don't know how accurate the description would be, though, that most family court judges
[01:01:27.840 --> 01:01:32.240]  in some place like New York have the children's best interests at heart.
[01:01:32.240 --> 01:01:34.640]  You have to consider it that way.
[01:01:34.640 --> 01:01:35.640]  Yeah.
[01:01:35.640 --> 01:01:37.440]  You'd wind up shooting yourself.
[01:01:37.440 --> 01:01:38.440]  Exactly.
[01:01:38.440 --> 01:01:45.760]  Whether they do or not, you have to consider it that way to be prudent because it's a political
[01:01:45.760 --> 01:01:46.760]  thing.
[01:01:46.760 --> 01:01:51.200]  The judge is going to have to take care of the kids whether he likes kids or not because
[01:01:51.200 --> 01:01:52.200]  they're the band for him.
[01:01:52.200 --> 01:01:53.200]  Yeah.
[01:01:53.200 --> 01:01:54.200]  I would do it on callers, Deborah.
[01:01:54.200 --> 01:01:55.200]  Okay.
[01:01:55.200 --> 01:01:56.200]  Yeah, we need to move on.
[01:01:56.200 --> 01:01:57.200]  We still have a whole heap of callers.
[01:01:57.200 --> 01:01:58.200]  Okay.
[01:01:58.200 --> 01:02:01.200]  Let me look at the call board here.
[01:02:01.200 --> 01:02:02.200]  Okay.
[01:02:02.200 --> 01:02:05.840]  We've got Star from California who's been calling for an extremely long time.
[01:02:05.840 --> 01:02:07.440]  Star, thanks for calling in.
[01:02:07.440 --> 01:02:08.440]  What's on your mind tonight?
[01:02:08.440 --> 01:02:19.480]  Well, I called a couple weeks ago about my daughter being arrested in Petaluma in California
[01:02:19.480 --> 01:02:20.480]  for a DUI.
[01:02:20.480 --> 01:02:25.200]  She was pulled over for a no registration.
[01:02:25.200 --> 01:02:30.680]  She was assaulted by the officer sexually.
[01:02:30.680 --> 01:02:41.200]  He ran her through all the tests and all that stuff on the side of the road for a DUI.
[01:02:41.200 --> 01:02:48.800]  Then he erased the results of it and snapped the cuffs on her, didn't even tell her she
[01:02:48.800 --> 01:02:54.720]  was under arrest, didn't read her any rights or whatever.
[01:02:54.720 --> 01:03:00.920]  She grabbed her rear end, threw her in the back of his car, and proceeded to unbuckle
[01:03:00.920 --> 01:03:04.680]  her belt.
[01:03:04.680 --> 01:03:08.200]  She asked him, you know, what do you think you're doing?
[01:03:08.200 --> 01:03:14.440]  He replied to her, well, they're going to take this off of you anyway at the station.
[01:03:14.440 --> 01:03:23.480]  Then they arrested her, took her, put her in jail.
[01:03:23.480 --> 01:03:36.040]  My son bailed her out, and my son's grandmother put up the bond because she lives in Petaluma.
[01:03:36.040 --> 01:03:39.920]  I think it was like $4,500 or something.
[01:03:39.920 --> 01:03:45.520]  My daughter never got anything with a case number on it.
[01:03:45.520 --> 01:03:48.360]  They would not allow her to get her car.
[01:03:48.360 --> 01:04:00.480]  They wouldn't even give her a form or help her figure out how to make any type of arrangement
[01:04:00.480 --> 01:04:03.960]  to get her car out of impound.
[01:04:03.960 --> 01:04:10.720]  She went to court yesterday, and when she went into the court, she just told them she
[01:04:10.720 --> 01:04:19.000]  didn't consent to their jurisdiction, that she asked them to, I believe, show them where
[01:04:19.000 --> 01:04:26.600]  she had volunteered into involuntary servitude, and of course, they tried to join her with
[01:04:26.600 --> 01:04:30.880]  a lawyer, and she didn't consent to that.
[01:04:30.880 --> 01:04:40.000]  They tried to join her again with a lawyer, and she didn't consent, and then they wanted
[01:04:40.000 --> 01:04:49.080]  her to come back for a competency hearing on Monday, and told her that she needed to see
[01:04:49.080 --> 01:04:59.000]  one of their state doctors, of course, and she told them she didn't consent to that.
[01:04:59.000 --> 01:05:11.680]  The judge appointed her counsel, and she told them she didn't consent, and then she requested
[01:05:11.680 --> 01:05:12.680]  a...
[01:05:12.680 --> 01:05:17.880]  Well, she told them she didn't wish to plea.
[01:05:17.880 --> 01:05:26.880]  She needed time to get discovery, and so on and so forth, and that she would like a copy
[01:05:26.880 --> 01:05:27.880]  of the complaint.
[01:05:27.880 --> 01:05:30.560]  She hadn't even been provided with a case number.
[01:05:30.560 --> 01:05:37.720]  No one had even given her anything with any force of law.
[01:05:37.720 --> 01:05:40.880]  Has she been brought before a magistrate?
[01:05:40.880 --> 01:05:42.200]  Star?
[01:05:42.200 --> 01:05:47.760]  Did we lose Star?
[01:05:47.760 --> 01:05:50.160]  Sounded like she dropped off.
[01:05:50.160 --> 01:05:58.280]  Interesting, because if they've asked her to have a competency hearing, she needs a Fyla
[01:05:58.280 --> 01:06:08.080]  Dalbert's motion and a Frank's motion, and Frank's motion is to determine the veracity
[01:06:08.080 --> 01:06:09.080]  of the complaint.
[01:06:09.080 --> 01:06:10.080]  Hold on.
[01:06:10.080 --> 01:06:11.080]  I think we got her back.
[01:06:11.080 --> 01:06:12.080]  Star, are you back?
[01:06:12.080 --> 01:06:13.080]  Yes, I am.
[01:06:13.080 --> 01:06:14.080]  I got set off.
[01:06:14.080 --> 01:06:15.080]  I don't even know how much...
[01:06:15.080 --> 01:06:16.080]  Okay.
[01:06:16.080 --> 01:06:23.080]  Was she ever brought before a magistrate?
[01:06:23.080 --> 01:06:32.840]  No, she never was, and let me just finish real quick with what happened in court yesterday.
[01:06:32.840 --> 01:06:40.560]  She requested the complaint in the incident report, and they handed her something that
[01:06:40.560 --> 01:06:49.080]  didn't have a case number on it, had no signature on it, had the wrong name handwritten on it,
[01:06:49.080 --> 01:06:53.320]  not a date on it, no signature, no case number, nothing.
[01:06:53.320 --> 01:06:54.320]  Good.
[01:06:54.320 --> 01:06:58.120]  Don't raise an issue about it yet.
[01:06:58.120 --> 01:06:59.120]  Don't say a word about it.
[01:06:59.120 --> 01:07:05.200]  On Monday, I suggest she does not go back, and we deal with this in the paperwork, and
[01:07:05.200 --> 01:07:09.120]  I've written and asked David to help her write it.
[01:07:09.120 --> 01:07:21.680]  Okay, Star, the first thing she needs to do is go to the court and ask for a copy of everything
[01:07:21.680 --> 01:07:34.000]  in the court file, certified copy, get a certified copy and give a written request.
[01:07:34.000 --> 01:07:40.520]  They told her to appear on Monday morning, first thing, and they have given her nothing.
[01:07:40.520 --> 01:07:41.520]  They have not...
[01:07:41.520 --> 01:07:42.520]  Listen.
[01:07:42.520 --> 01:07:43.520]  Listen.
[01:07:43.520 --> 01:07:46.520]  Take a written request.
[01:07:46.520 --> 01:07:52.680]  Star, Star, stop, stop, stop.
[01:07:52.680 --> 01:08:01.440]  Go to the court, give the clerk a written request for a certified copy of everything
[01:08:01.440 --> 01:08:10.320]  in the cause of action against her, which for every cause of action between the day
[01:08:10.320 --> 01:08:14.120]  before the accusation and two days after.
[01:08:14.120 --> 01:08:17.000]  You know, there's only one problem.
[01:08:17.000 --> 01:08:18.360]  It's in another county.
[01:08:18.360 --> 01:08:19.760]  She has no transportation.
[01:08:19.760 --> 01:08:20.760]  She has no money.
[01:08:20.760 --> 01:08:22.240]  She has no way to get her.
[01:08:22.240 --> 01:08:23.240]  All right.
[01:08:23.240 --> 01:08:24.240]  She has no way to help her.
[01:08:24.240 --> 01:08:28.160]  Do it by mail.
[01:08:28.160 --> 01:08:37.520]  Give a written request for a incendant certified mail, return receipt, a request for a certified
[01:08:37.520 --> 01:08:47.240]  copy of every document in any court case filed against her between a day before and two days
[01:08:47.240 --> 01:08:56.480]  after the case in question or a month after, whatever, to make sure you capture any date
[01:08:56.480 --> 01:09:02.560]  at which this case could be entered in the court.
[01:09:02.560 --> 01:09:10.080]  And the court will either send you the records or they'll send you back a response saying
[01:09:10.080 --> 01:09:14.200]  they have no records responsive to your request.
[01:09:14.200 --> 01:09:23.320]  Either one, if they send you the records, then you want to see a verified criminal affidavit,
[01:09:23.320 --> 01:09:30.680]  a statement of probable cause, and a determination of probable cause by a magistrate, which never
[01:09:30.680 --> 01:09:33.120]  happened.
[01:09:33.120 --> 01:09:39.360]  If that's not in there, then you move for a summary judgment dismissal.
[01:09:39.360 --> 01:09:40.360]  Okay.
[01:09:40.360 --> 01:09:41.360]  Because...
[01:09:41.360 --> 01:09:54.000]  I mean, you know, there's no way on this planet she's going to show up there Monday morning.
[01:09:54.000 --> 01:09:56.000]  That will be a problem.
[01:09:56.000 --> 01:09:57.480]  She has no way to get there.
[01:09:57.480 --> 01:09:59.760]  She has no money to get there.
[01:09:59.760 --> 01:10:00.760]  And she has...
[01:10:00.760 --> 01:10:01.760]  It's just impossible.
[01:10:01.760 --> 01:10:04.320]  She has no way to get there.
[01:10:04.320 --> 01:10:05.320]  Okay.
[01:10:05.320 --> 01:10:11.760]  She has no one that will take her there, and she has no money, and she doesn't even have
[01:10:11.760 --> 01:10:18.200]  money to, you know, pay to get the copies of the case.
[01:10:18.200 --> 01:10:19.200]  Okay.
[01:10:19.200 --> 01:10:23.560]  Here's what I'm going to suggest, and I know you're not going to like it.
[01:10:23.560 --> 01:10:32.040]  File an affidavit of indigency, request court-appointed counsel, and then we'll show you how to kick
[01:10:32.040 --> 01:10:35.640]  counsels behind every way from Sunday.
[01:10:35.640 --> 01:10:37.280]  Yeah.
[01:10:37.280 --> 01:10:38.280]  I don't...
[01:10:38.280 --> 01:10:41.920]  I don't think she's going to consent to that because she is...
[01:10:41.920 --> 01:10:44.320]  She's going to jail.
[01:10:44.320 --> 01:10:54.280]  You cannot sit there and say, I cannot defend myself because they will throw you in jail.
[01:10:54.280 --> 01:10:56.480]  That's what's going to happen to her then.
[01:10:56.480 --> 01:10:59.280]  Well, I can tell you this much.
[01:10:59.280 --> 01:11:04.960]  In the county that she does live in, she has served upon the sheriffs there.
[01:11:04.960 --> 01:11:10.880]  Her notice of their conditional acceptance of her oath, and she has had them signed by
[01:11:10.880 --> 01:11:17.720]  the sheriff, and she's explained to several of the deputies there that she's a sovereign
[01:11:17.720 --> 01:11:24.520]  and explained it to them in detail, and they have agreed with her that they don't have...
[01:11:24.520 --> 01:11:28.000]  Even they don't have any jurisdiction over her at all.
[01:11:28.000 --> 01:11:30.640]  Well, here's the deal.
[01:11:30.640 --> 01:11:35.160]  This county is going to act like they have jurisdiction over her, and they're going to
[01:11:35.160 --> 01:11:41.400]  come in and arrest her and throw her in jail just like they had jurisdiction.
[01:11:41.400 --> 01:11:46.080]  All of these guys saying that they don't have jurisdictions, you don't have to show up.
[01:11:46.080 --> 01:11:49.040]  That is hogwash.
[01:11:49.040 --> 01:11:59.320]  It's just like if you send a notice and opportunity, and the other side doesn't respond to default.
[01:11:59.320 --> 01:12:04.680]  If she doesn't respond to this court, move for a continuous...
[01:12:04.680 --> 01:12:11.200]  Who's really going to help her if she accepts, I mean, you guys are overloaded.
[01:12:11.200 --> 01:12:12.200]  I am overloaded.
[01:12:12.200 --> 01:12:13.200]  I've got to...
[01:12:13.200 --> 01:12:14.200]  Okay.
[01:12:14.200 --> 01:12:15.200]  Why did you call?
[01:12:15.200 --> 01:12:16.200]  What was your purpose?
[01:12:16.200 --> 01:12:24.320]  Well, you know, I want to hear some, you know, suggestions.
[01:12:24.320 --> 01:12:31.360]  My suggestion is find a way to get to that court, walk, hitchhike, whatever you got to
[01:12:31.360 --> 01:12:32.360]  do, get there.
[01:12:32.360 --> 01:12:36.160]  Well, I mean, they've given her, first of all, nothing with any force and effective
[01:12:36.160 --> 01:12:37.160]  law.
[01:12:37.160 --> 01:12:45.160]  They gave her a complaint not signed, no case number, no date, the wrong spell, three different...
[01:12:45.160 --> 01:12:49.600]  If you don't raise the issue, you waive it.
[01:12:49.600 --> 01:12:51.040]  Have you raised the issue?
[01:12:51.040 --> 01:12:56.360]  Have you filed a challenge to the jurisdiction?
[01:12:56.360 --> 01:13:03.560]  No, they haven't even given her a dang case number, Randy.
[01:13:03.560 --> 01:13:04.560]  Okay.
[01:13:04.560 --> 01:13:05.560]  Doesn't matter.
[01:13:05.560 --> 01:13:06.560]  Find a challenge to...
[01:13:06.560 --> 01:13:11.560]  There has to be some paperwork that they've given her.
[01:13:11.560 --> 01:13:13.320]  File the motion with the court.
[01:13:13.320 --> 01:13:17.760]  I'm telling you, this is incredible.
[01:13:17.760 --> 01:13:20.880]  She doesn't have one piece of paper.
[01:13:20.880 --> 01:13:22.760]  They haven't sent her anything.
[01:13:22.760 --> 01:13:24.720]  They sent her something.
[01:13:24.720 --> 01:13:30.080]  She just got something from the courts and she read it to me.
[01:13:30.080 --> 01:13:31.080]  I recorded it.
[01:13:31.080 --> 01:13:33.760]  You know, she read it to me.
[01:13:33.760 --> 01:13:35.760]  She's going to try to send it to me.
[01:13:35.760 --> 01:13:36.760]  What did...
[01:13:36.760 --> 01:13:41.760]  Essentially, what was it about?
[01:13:41.760 --> 01:13:47.720]  You know, I've just been buried.
[01:13:47.720 --> 01:13:51.320]  I've got a foreclosure case that I've been fighting for...
[01:13:51.320 --> 01:13:52.320]  Wait a minute.
[01:13:52.320 --> 01:13:53.840]  Why are you calling us in?
[01:13:53.840 --> 01:13:57.680]  You're not giving us enough to do anything other than...
[01:13:57.680 --> 01:14:00.240]  It just sounds like you're complaining.
[01:14:00.240 --> 01:14:01.240]  Well...
[01:14:01.240 --> 01:14:03.520]  What do you want us to do?
[01:14:03.520 --> 01:14:11.480]  I've sent you guys a purple email over the last 11 months begging you to respond to me
[01:14:11.480 --> 01:14:14.400]  and I've not heard a word back from you.
[01:14:14.400 --> 01:14:15.400]  Wait a minute.
[01:14:15.400 --> 01:14:16.400]  I've seen no email from you.
[01:14:16.400 --> 01:14:17.400]  I've recognized yours immediately.
[01:14:17.400 --> 01:14:18.400]  I remember the star.
[01:14:18.400 --> 01:14:19.400]  It's the first in the world.
[01:14:19.400 --> 01:14:32.920]  At Yahoo, I've sent you many, many emails, you and Debra both, concerning my kidnapping
[01:14:32.920 --> 01:14:38.960]  last August when I co-hosted Michael Batnerick's show on August 26th.
[01:14:38.960 --> 01:14:40.960]  I remember that.
[01:14:40.960 --> 01:14:42.760]  And I'm still fighting that.
[01:14:42.760 --> 01:14:45.760]  The police had assaulted me.
[01:14:45.760 --> 01:14:54.200]  I'm sitting here with my arm in a sling from that, in excruciating pain still, and still
[01:14:54.200 --> 01:14:55.200]  fighting that case.
[01:14:55.200 --> 01:15:01.800]  But I've been buried with this foreclosure and people trying to steal my home and now
[01:15:01.800 --> 01:15:07.760]  I've been just doing everything I can do for my daughter for the last two weeks, buried
[01:15:07.760 --> 01:15:11.400]  in that, helping her write an affidavit.
[01:15:11.400 --> 01:15:19.360]  I've written it to Murr, if I could send this to you and you could review this, that would
[01:15:19.360 --> 01:15:20.360]  be very helpful.
[01:15:20.360 --> 01:15:21.360]  Yes.
[01:15:21.360 --> 01:15:22.360]  Send it to me.
[01:15:22.360 --> 01:15:24.360]  I will review it.
[01:15:24.360 --> 01:15:31.840]  If she has a court case Monday, she needs to contact the court Monday morning.
[01:15:31.840 --> 01:15:40.240]  Tell them that she had a flat, got the Hershey squirts, threw up all over the place.
[01:15:40.240 --> 01:15:41.280]  She can't make it.
[01:15:41.280 --> 01:15:42.280]  They will give her continuance.
[01:15:42.280 --> 01:15:43.280]  Is it the first of threats?
[01:15:43.280 --> 01:15:52.760]  This is what I was suggesting to, you know, she went yesterday, but I was suggesting that
[01:15:52.760 --> 01:15:58.280]  she just call this Monday morning and say, there's no way, you know, due to circumstances
[01:15:58.280 --> 01:16:04.000]  beyond my control, I cannot be there, you've got to continue this so we can fire a little
[01:16:04.000 --> 01:16:05.000]  bit more time.
[01:16:05.000 --> 01:16:06.000]  Yes.
[01:16:06.000 --> 01:16:09.800]  They will generally always give you a first continuance.
[01:16:09.800 --> 01:16:12.200]  Have her do that.
[01:16:12.200 --> 01:16:16.400]  Email me an outline of the case.
[01:16:16.400 --> 01:16:20.840]  Give me as complete an outline as you can give me of everything that's occurred in the
[01:16:20.840 --> 01:16:21.840]  case.
[01:16:21.840 --> 01:16:23.840]  And then I'll have questions.
[01:16:23.840 --> 01:16:24.840]  Okay.
[01:16:24.840 --> 01:16:28.880]  I've written extensive stuff so I can send it to you.
[01:16:28.880 --> 01:16:32.200]  And I've got someone in California I may refer you to.
[01:16:32.200 --> 01:16:33.640]  Get that to me as quick as you can.
[01:16:33.640 --> 01:16:34.640]  We have to move along.
[01:16:34.640 --> 01:16:35.640]  We've got lots of callers.
[01:16:35.640 --> 01:16:36.640]  Get that to me.
[01:16:36.640 --> 01:16:39.640]  You have our email, Randy at ruleoflawradio.com.
[01:16:39.640 --> 01:16:46.840]  That's the best place to get you, Randy at ruleoflawradio.com.
[01:16:46.840 --> 01:16:48.520]  Randy at ruleoflawradio.com.
[01:16:48.520 --> 01:16:49.520]  Yes.
[01:16:49.520 --> 01:16:55.000]  And also Debra at ruleoflawradio.com.
[01:16:55.000 --> 01:16:56.000]  Yeah.
[01:16:56.000 --> 01:17:04.680]  Well, I'm sure you guys are bombarded with emails and that's rule or rule of law spelled
[01:17:04.680 --> 01:17:05.680]  out.
[01:17:05.680 --> 01:17:06.680]  Radio.
[01:17:06.680 --> 01:17:07.680]  Ruleoflawradio.com.
[01:17:07.680 --> 01:17:08.680]  Okay.
[01:17:08.680 --> 01:17:09.680]  All right.
[01:17:09.680 --> 01:17:10.680]  Yeah.
[01:17:10.680 --> 01:17:13.680]  I'm sure you're bombarded with emails.
[01:17:13.680 --> 01:17:20.680]  But if you looked in the last 11 months, I've sent both of you several.
[01:17:20.680 --> 01:17:21.680]  That's all.
[01:17:21.680 --> 01:17:22.680]  I'll try it again.
[01:17:22.680 --> 01:17:23.680]  I don't...
[01:17:23.680 --> 01:17:24.680]  I would recognize yours.
[01:17:24.680 --> 01:17:25.680]  I don't remember any from yours.
[01:17:25.680 --> 01:17:26.680]  I'll have to go back and look.
[01:17:26.680 --> 01:17:27.680]  Once I get your email and got your email, I'll do a search on it and pull them all up.
[01:17:27.680 --> 01:17:28.680]  Okay.
[01:17:28.680 --> 01:17:29.680]  And if anyone's interested, they can hear me talking all about my foreclosure and all
[01:17:29.680 --> 01:17:30.680]  this stuff that's been going on.
[01:17:30.680 --> 01:17:31.680]  So I'll have to go back and look.
[01:17:31.680 --> 01:17:32.680]  Okay.
[01:17:32.680 --> 01:17:33.680]  So I'll have to go back and look.
[01:17:33.680 --> 01:17:38.680]  Once I get your email and got your email, I'll do a search on it and pull them all up.
[01:17:38.680 --> 01:17:39.680]  Okay.
[01:17:39.680 --> 01:17:43.680]  And if anyone's interested, they can hear me talking all about my foreclosure and all
[01:17:43.680 --> 01:17:48.680]  this stuff that's about to turn into a RICO suit on my YouTube site at Earthica Star,
[01:17:48.680 --> 01:17:51.680]  all one word on YouTube, Earthica Star.
[01:17:51.680 --> 01:17:52.680]  YouTube.
[01:17:52.680 --> 01:17:53.680]  Okay.
[01:17:53.680 --> 01:17:54.680]  All right.
[01:17:54.680 --> 01:17:55.680]  Thank you.
[01:17:55.680 --> 01:17:56.680]  Send us an email.
[01:17:56.680 --> 01:17:57.680]  We really need to move along.
[01:17:57.680 --> 01:17:58.680]  All right.
[01:17:58.680 --> 01:17:59.680]  Thank you.
[01:17:59.680 --> 01:18:00.680]  All right.
[01:18:00.680 --> 01:18:01.680]  Okay.
[01:18:01.680 --> 01:18:02.680]  I will.
[01:18:02.680 --> 01:18:03.680]  Thank you.
[01:18:03.680 --> 01:18:04.680]  Okay.
[01:18:04.680 --> 01:18:05.680]  Thank you.
[01:18:05.680 --> 01:18:13.680]  Listen, I, okay, just in response to Star and others who may be sending me emails concerning
[01:18:13.680 --> 01:18:21.680]  their personal cases, generally I am not able to respond or help that much.
[01:18:21.680 --> 01:18:30.680]  So I forward those emails to Randy because I, every, literally every waking moment of
[01:18:30.680 --> 01:18:36.680]  life, I am either trying to pay my bills or run the network and keep everything on the
[01:18:36.680 --> 01:18:37.680]  air.
[01:18:37.680 --> 01:18:38.680]  Okay.
[01:18:38.680 --> 01:18:41.680]  And so that's about where it's at.
[01:18:41.680 --> 01:18:42.680]  Okay.
[01:18:42.680 --> 01:18:43.680]  And I am struggling hard.
[01:18:43.680 --> 01:18:44.680]  So I'm sorry.
[01:18:44.680 --> 01:18:53.680]  I just do not, I do not have the time or the resources myself to help people with their
[01:18:53.680 --> 01:18:54.680]  cases.
[01:18:54.680 --> 01:18:55.680]  I just don't.
[01:18:55.680 --> 01:19:00.680]  I refer that to Randy and Eddie and other people.
[01:19:00.680 --> 01:19:07.680]  So, I mean, listeners are welcome to send me emails, but I am not going to be able to
[01:19:07.680 --> 01:19:08.680]  help with your cases.
[01:19:08.680 --> 01:19:09.680]  Not at all.
[01:19:09.680 --> 01:19:14.680]  I mean, I can't, not even if you paid me, I can't because I have a radio network to
[01:19:14.680 --> 01:19:15.680]  run.
[01:19:15.680 --> 01:19:16.680]  All right.
[01:19:16.680 --> 01:19:18.680]  And I need help desperately with that.
[01:19:18.680 --> 01:19:19.680]  Okay.
[01:19:19.680 --> 01:19:21.680]  So please do not demonize me.
[01:19:21.680 --> 01:19:27.680]  I'm sorry if I don't respond to those emails, but I do forward those emails to people that
[01:19:27.680 --> 01:19:28.680]  I feel can help.
[01:19:28.680 --> 01:19:29.680]  All right.
[01:19:29.680 --> 01:19:31.680]  So let's go on now.
[01:19:31.680 --> 01:19:34.680]  We are going to go to, okay, let's see.
[01:19:34.680 --> 01:19:36.680]  We've got a few of the callers on the line.
[01:19:36.680 --> 01:19:41.680]  We are going to go to Vince in California who hasn't called in for a while.
[01:19:41.680 --> 01:19:44.680]  Ashley's called in and then dropped off the line a few times.
[01:19:44.680 --> 01:19:46.680]  So Vince, thanks for calling in.
[01:19:46.680 --> 01:19:47.680]  What's on your mind tonight?
[01:19:47.680 --> 01:19:49.680]  Hey, how are you guys doing?
[01:19:49.680 --> 01:19:51.680]  I've never called in this late before.
[01:19:51.680 --> 01:19:53.680]  All right.
[01:19:53.680 --> 01:19:58.680]  Can you, can any of you recall a time when a petition for redress of grievances was ever
[01:19:58.680 --> 01:20:02.680]  successful?
[01:20:02.680 --> 01:20:05.680]  You mean like a criminal complaint?
[01:20:05.680 --> 01:20:06.680]  No, no, no, no.
[01:20:06.680 --> 01:20:14.680]  I'm talking about on the, in the realm of Bob Schultz's efforts.
[01:20:14.680 --> 01:20:15.680]  Okay.
[01:20:15.680 --> 01:20:16.680]  I don't follow Bob Schultz.
[01:20:16.680 --> 01:20:19.680]  I'm not quite sure what you mean.
[01:20:19.680 --> 01:20:24.680]  When a what has, when a petition for redress of grievances has been successful,
[01:20:24.680 --> 01:20:26.680]  what kind?
[01:20:26.680 --> 01:20:32.680]  A petition for redress of grievance is either a criminal complaint or a civil petition.
[01:20:32.680 --> 01:20:36.680]  You must be talking about something else.
[01:20:36.680 --> 01:20:39.680]  Well, you're familiar with Bob Schultz and We the People.
[01:20:39.680 --> 01:20:42.680]  Yes, somewhat.
[01:20:42.680 --> 01:20:44.680]  I followed him somewhat.
[01:20:44.680 --> 01:20:47.680]  I found him to be asking the wrong questions.
[01:20:47.680 --> 01:20:53.680]  Well, see, I don't, I don't really know whether where or if it's been designated or
[01:20:53.680 --> 01:20:57.680]  outlined in law what a quote unquote petition of redress of grievance is.
[01:20:57.680 --> 01:21:04.680]  To me, that means anything that you can do to try to get the government to do what
[01:21:04.680 --> 01:21:10.680]  they're supposed to do, i.e., you know, giving a criminal complaint to the grand jury or
[01:21:10.680 --> 01:21:14.680]  trying to give a criminal complaint to a magistrate or the DA or writing letters to
[01:21:14.680 --> 01:21:20.680]  your congressman or calling your congress critters or, I mean, all these kinds of
[01:21:20.680 --> 01:21:25.680]  things where, you know, you're trying to interact directly with whatever government
[01:21:25.680 --> 01:21:27.680]  servants there are.
[01:21:27.680 --> 01:21:30.680]  To me, that's what petition for redress of grievance means.
[01:21:30.680 --> 01:21:33.680]  Other than that, I don't know what you're referring to.
[01:21:33.680 --> 01:21:37.680]  Are you talking about these petitions where he gets a whole bunch of people to sign
[01:21:37.680 --> 01:21:38.680]  them?
[01:21:38.680 --> 01:21:39.680]  Yeah.
[01:21:39.680 --> 01:21:40.680]  Okay.
[01:21:40.680 --> 01:21:44.680]  This is what they do with those kinds of petitions.
[01:21:44.680 --> 01:21:46.680]  They use them for toilet paper.
[01:21:46.680 --> 01:21:47.680]  Okay.
[01:21:47.680 --> 01:21:48.680]  Well.
[01:21:48.680 --> 01:21:51.680]  Because they invoke no duty.
[01:21:51.680 --> 01:21:52.680]  That's the problem.
[01:21:52.680 --> 01:21:53.680]  Right.
[01:21:53.680 --> 01:21:58.680]  A petition, when the court, when the Constitution speaks to a petition for redress of
[01:21:58.680 --> 01:22:03.680]  grievance, they're not talking about the kinds of petitions that people sign.
[01:22:03.680 --> 01:22:09.680]  They're talking about a petition in the form of a criminal complaint or a civil
[01:22:09.680 --> 01:22:10.680]  complaint.
[01:22:10.680 --> 01:22:13.680]  That's the petition they're talking about.
[01:22:13.680 --> 01:22:14.680]  Okay.
[01:22:14.680 --> 01:22:16.680]  And those have effect.
[01:22:16.680 --> 01:22:21.680]  That's a little bit off the side of my point, but I'll take that under
[01:22:21.680 --> 01:22:22.680]  consideration.
[01:22:22.680 --> 01:22:28.680]  So can you pull up a copy of the First Amendment to the Constitution so you can
[01:22:28.680 --> 01:22:29.680]  read it?
[01:22:29.680 --> 01:22:30.680]  Wait.
[01:22:30.680 --> 01:22:33.680]  I'm pretty familiar with the First Amendment to the Constitution.
[01:22:33.680 --> 01:22:34.680]  Okay.
[01:22:34.680 --> 01:22:35.680]  Well, I'm going to read it.
[01:22:35.680 --> 01:22:38.680]  It says, Congress shall make no law respecting an establishment of religion,
[01:22:38.680 --> 01:22:41.680]  comma, or prohibiting the pre-exercise thereof.
[01:22:41.680 --> 01:22:42.680]  Colon.
[01:22:42.680 --> 01:22:45.680]  You can take that as a complete sentence.
[01:22:45.680 --> 01:22:49.680]  The second portion, I'll leave out the part of the first portion that doesn't
[01:22:49.680 --> 01:22:50.680]  apply.
[01:22:50.680 --> 01:22:54.680]  Congress will make no law abridging the freedom of speech or of the press.
[01:22:54.680 --> 01:22:57.680]  Colon.
[01:22:57.680 --> 01:22:58.680]  Okay.
[01:22:58.680 --> 01:23:04.680]  The third portion of it, which pertains to regressive grievances, you would
[01:23:04.680 --> 01:23:09.680]  read it as, Congress shall make no law the right of the people peaceably to
[01:23:09.680 --> 01:23:13.680]  assemble and to petition the government for a regressive grievances.
[01:23:13.680 --> 01:23:16.680]  That doesn't make sense.
[01:23:16.680 --> 01:23:19.680]  You know, if you break this down into three sentences separated by the colons,
[01:23:19.680 --> 01:23:22.680]  take out the whore, what do you got?
[01:23:22.680 --> 01:23:25.680]  That third portion makes no sense.
[01:23:25.680 --> 01:23:27.680]  I see what you mean.
[01:23:27.680 --> 01:23:32.680]  It sounds like that should be two sentences because it appears to be two
[01:23:32.680 --> 01:23:34.680]  independent clauses.
[01:23:34.680 --> 01:23:40.680]  Well, they should have used abridging again or somehow tied it, you know,
[01:23:40.680 --> 01:23:43.680]  tied the second and third persons together, whatever.
[01:23:43.680 --> 01:23:48.680]  It's a very weird wording.
[01:23:48.680 --> 01:23:49.680]  Okay.
[01:23:49.680 --> 01:23:51.680]  Point.
[01:23:51.680 --> 01:23:57.680]  Well, my point is that Bob Schultz, I mean, that's why I say what you said
[01:23:57.680 --> 01:24:00.680]  earlier about his efforts is a little bit beside my point.
[01:24:00.680 --> 01:24:03.680]  But one way or the other, he's not being successful.
[01:24:03.680 --> 01:24:10.680]  Yeah, the problem with just filling out a petition where people sign this
[01:24:10.680 --> 01:24:17.680]  petition, it invokes no duty on the courts or on the government.
[01:24:17.680 --> 01:24:18.680]  I understand that.
[01:24:18.680 --> 01:24:23.680]  But a criminal complaint, if you're calling it a petition for redress of
[01:24:23.680 --> 01:24:30.680]  grievances, according to the First Amendment, it's not even protected,
[01:24:30.680 --> 01:24:34.680]  regardless of what form it takes when you present it.
[01:24:34.680 --> 01:24:38.680]  Wait, what do you mean not protected?
[01:24:38.680 --> 01:24:42.680]  The First Amendment supposedly protects the people's right to petition for
[01:24:42.680 --> 01:24:47.680]  redress of grievances, but according to the way we just read it, it doesn't.
[01:24:47.680 --> 01:24:52.680]  Well, according to the way the courts have adjudicated it, it does.
[01:24:52.680 --> 01:24:54.680]  Okay.
[01:24:54.680 --> 01:24:56.680]  We have the right to petition.
[01:24:56.680 --> 01:25:02.680]  I can file a criminal petition or civil petition.
[01:25:02.680 --> 01:25:09.680]  These guys who are just, it's kind of coincidental that a document that
[01:25:09.680 --> 01:25:15.680]  everybody signs as a form of protest is called a petition.
[01:25:15.680 --> 01:25:21.680]  But that's not the definition that the term petition in the Constitution is
[01:25:21.680 --> 01:25:23.680]  used for.
[01:25:23.680 --> 01:25:30.680]  In the Constitution, the term petition means to file a petition to a court
[01:25:30.680 --> 01:25:34.680]  either in criminal or civil.
[01:25:34.680 --> 01:25:37.680]  That's the one that's protected.
[01:25:37.680 --> 01:25:42.680]  No one can stop me from filing a civil suit or a criminal complaint.
[01:25:42.680 --> 01:25:45.680]  Now, the court doesn't have to act on the criminal complaint, but I can
[01:25:45.680 --> 01:25:48.680]  certainly file it.
[01:25:48.680 --> 01:25:59.680]  And I may not win my civil petition, but I can certainly file it.
[01:25:59.680 --> 01:26:07.680]  So does them not having to act on it somehow relate to this wording?
[01:26:07.680 --> 01:26:10.680]  Well, no, because the wording is not going.
[01:26:10.680 --> 01:26:15.680]  So there are other statutes that require them to act on it.
[01:26:15.680 --> 01:26:16.680]  Okay.
[01:26:16.680 --> 01:26:21.680]  Without code of criminal procedure and rules of civil procedure, we would
[01:26:21.680 --> 01:26:25.680]  have descended into chaos a long time ago.
[01:26:25.680 --> 01:26:26.680]  Sure.
[01:26:26.680 --> 01:26:31.680]  And the right to petition for redress of grievance is the right to invoke
[01:26:31.680 --> 01:26:36.680]  code of criminal procedure or rules of civil procedure.
[01:26:36.680 --> 01:26:37.680]  Okay.
[01:26:37.680 --> 01:26:44.680]  Once we file the petition, we have all these rules that describe how it's
[01:26:44.680 --> 01:26:45.680]  to be adjudicated.
[01:26:45.680 --> 01:26:49.680]  So that is pretty well protected.
[01:26:49.680 --> 01:26:54.680]  Occasionally, we get a court that tells someone that they can't file any
[01:26:54.680 --> 01:26:56.680]  documents in the case.
[01:26:56.680 --> 01:27:00.680]  But every time I hear about it, I suggest that the individual file criminal
[01:27:00.680 --> 01:27:09.680]  charges against the judge under First Amendment.
[01:27:09.680 --> 01:27:12.680]  I'm going to have someone.
[01:27:12.680 --> 01:27:16.680]  Here lately, I've heard of a number of especially people in legal reform
[01:27:16.680 --> 01:27:19.680]  where they start filing a lot of documents.
[01:27:19.680 --> 01:27:22.680]  The court forbids them to file any more documents.
[01:27:22.680 --> 01:27:28.680]  Well, I'm hoping I can get a court to do that, because then I go get to go
[01:27:28.680 --> 01:27:32.680]  write for the judge's throat.
[01:27:32.680 --> 01:27:37.680]  But I'm surprised that you're using the First Amendment.
[01:27:37.680 --> 01:27:39.680]  That's what it's for.
[01:27:39.680 --> 01:27:43.680]  Yeah, but the way we just read it, it doesn't apply.
[01:27:43.680 --> 01:27:50.680]  The way the courts have applied it, it does apply.
[01:27:50.680 --> 01:27:52.680]  Okay.
[01:27:52.680 --> 01:27:57.680]  There seems to be some syntactic ambiguity in the structure of the language
[01:27:57.680 --> 01:28:01.680]  or the punctuation that's used in the Constitution.
[01:28:01.680 --> 01:28:07.680]  But the courts have pretty well eliminated that ambiguity.
[01:28:07.680 --> 01:28:10.680]  Yeah.
[01:28:10.680 --> 01:28:13.680]  It's not enough just to read the Constitution.
[01:28:13.680 --> 01:28:15.680]  We really need to read the case law.
[01:28:15.680 --> 01:28:18.680]  And some people really complain about case law.
[01:28:18.680 --> 01:28:26.680]  But frankly, I find the case law to be, for the most part, very well structured.
[01:28:26.680 --> 01:28:32.680]  Yeah, I come across some cases that are real bonehead cases.
[01:28:32.680 --> 01:28:39.680]  It's like looking at the boss scores in baseball after reading the rule book.
[01:28:39.680 --> 01:28:41.680]  Does that make sense?
[01:28:41.680 --> 01:28:44.680]  No, I don't follow baseball.
[01:28:44.680 --> 01:28:45.680]  Oh, okay.
[01:28:45.680 --> 01:28:49.680]  I'm just saying it's like looking at the results of the game.
[01:28:49.680 --> 01:28:57.680]  You learn the rules first, but that would be akin to reading the Constitution.
[01:28:57.680 --> 01:29:07.680]  Yeah, and then the case law, all it does is try to fill in the gaps between the statutes
[01:29:07.680 --> 01:29:09.680]  because the statutes tend to be general.
[01:29:09.680 --> 01:29:13.680]  They can't cover every possible permutation.
[01:29:13.680 --> 01:29:16.680]  And the case law tries to handle those permutations.
[01:29:16.680 --> 01:29:20.680]  Occasionally, you have some bad case law.
[01:29:20.680 --> 01:29:25.680]  But for the most part, it is very well done.
[01:29:25.680 --> 01:29:32.680]  And they all tend to fit together very well.
[01:29:32.680 --> 01:29:37.680]  And as to the right to petition for redress or grievance,
[01:29:37.680 --> 01:29:45.680]  that's not something that is, for the most part, ever challenged.
[01:29:45.680 --> 01:29:51.680]  It's such a well-established fact that anyone can file a criminal complaint
[01:29:51.680 --> 01:29:57.680]  or a civil petition, except in commonwealths,
[01:29:57.680 --> 01:30:01.680]  you can't file a criminal complaint unless you're an injured party.
[01:30:01.680 --> 01:30:05.680]  But that's a well-defined distinction.
[01:30:05.680 --> 01:30:15.680]  And there are other avenues in the common law states for notifying the court that a crime has been committed
[01:30:15.680 --> 01:30:17.680]  without filing criminal complaints.
[01:30:17.680 --> 01:30:21.680]  So the difference is a distinction without a real difference.
[01:30:21.680 --> 01:30:27.680]  Anybody can notify the courts that a crime has been committed, even in a commonwealth.
[01:30:27.680 --> 01:30:32.680]  And anyone can file a civil petition for redress or grievance.
[01:30:32.680 --> 01:30:40.680]  So that's so well-adjudicated that it's not even a question that I've ever heard raised.
[01:30:40.680 --> 01:30:43.680]  Yeah, okay.
[01:30:43.680 --> 01:30:45.680]  Well, I'll let you guys go then.
[01:30:45.680 --> 01:30:47.680]  Thanks for clearing that up.
[01:30:47.680 --> 01:30:49.680]  I know you've got some other callers.
[01:30:49.680 --> 01:30:50.680]  Okay, thank you.
[01:30:50.680 --> 01:30:52.680]  Yeah, thank you, Vince.
[01:30:52.680 --> 01:30:53.680]  All right, take care.
[01:30:53.680 --> 01:30:58.680]  Okay, we're going to go now to, we've got like two or three more callers.
[01:30:58.680 --> 01:31:03.680]  We're going to go now to George in Texas.
[01:31:03.680 --> 01:31:04.680]  George, thanks for calling in.
[01:31:04.680 --> 01:31:06.680]  What's on your mind tonight?
[01:31:06.680 --> 01:31:07.680]  How are you doing, Deborah?
[01:31:07.680 --> 01:31:08.680]  How are you doing, Randy?
[01:31:08.680 --> 01:31:09.680]  Pretty good.
[01:31:09.680 --> 01:31:10.680]  Yeah.
[01:31:10.680 --> 01:31:12.680]  George, did you get another job yet?
[01:31:12.680 --> 01:31:13.680]  What's that?
[01:31:13.680 --> 01:31:15.680]  Did you get another job yet?
[01:31:15.680 --> 01:31:17.680]  Oh, almost.
[01:31:17.680 --> 01:31:19.680]  Almost good.
[01:31:19.680 --> 01:31:22.680]  I was going to call you a lazy loafer.
[01:31:22.680 --> 01:31:28.680]  I was going to donate, but I couldn't find Randy's beer fund on the webpage.
[01:31:28.680 --> 01:31:29.680]  Just put that as a comment.
[01:31:29.680 --> 01:31:31.680]  Don the luck.
[01:31:31.680 --> 01:31:33.680]  Yeah, my wife's mad at me.
[01:31:33.680 --> 01:31:35.680]  I pulled an Army trick on her.
[01:31:35.680 --> 01:31:38.680]  I made her go out and find something that don't exist.
[01:31:38.680 --> 01:31:46.680]  She went all the way to Houston, Sugar Land, all over the place looking for a DVD rewinder.
[01:31:46.680 --> 01:31:49.680]  Women think it's cool, but men think it's funny.
[01:31:49.680 --> 01:31:52.680]  That's cold.
[01:31:52.680 --> 01:31:56.680]  I was once sent looking for a Skyhook.
[01:31:56.680 --> 01:31:58.680]  I was in the Air Force.
[01:31:58.680 --> 01:32:05.680]  Well, when I was in the Army, they had me going on base looking for fallopian tubes, so I got burned too.
[01:32:05.680 --> 01:32:09.680]  That could get you in trouble.
[01:32:09.680 --> 01:32:12.680]  Yeah, but Randy, this might be blood in the water for you,
[01:32:12.680 --> 01:32:16.680]  but I've seen this going on in Florida again where I used to live.
[01:32:16.680 --> 01:32:20.680]  They're going, well, we're going to clean up the clunkers around the city.
[01:32:20.680 --> 01:32:23.680]  They took a picture of a car in blocks.
[01:32:23.680 --> 01:32:24.680]  I know this house.
[01:32:24.680 --> 01:32:27.680]  This house is not even in the city limits.
[01:32:27.680 --> 01:32:29.680]  The city does this.
[01:32:29.680 --> 01:32:30.680]  They go around.
[01:32:30.680 --> 01:32:36.680]  A lot of people are not insuring their second car or tagging it,
[01:32:36.680 --> 01:32:38.680]  and they're just leaving the park in the driveway.
[01:32:38.680 --> 01:32:46.680]  What's that?
[01:32:46.680 --> 01:32:47.680]  Throw a tarp over it.
[01:32:47.680 --> 01:32:49.680]  Yeah, well.
[01:32:49.680 --> 01:32:55.680]  I have a 40-foot bus in a lot next to my house.
[01:32:55.680 --> 01:33:01.680]  That lot happens to be right across the alley from the city hall,
[01:33:01.680 --> 01:33:06.680]  and the mayor told me that I couldn't have that bus out there.
[01:33:06.680 --> 01:33:10.680]  So I went and read the zoning ordinances and told the mayor that,
[01:33:10.680 --> 01:33:17.680]  yeah, I can have that bus out there because I am putting in a bus terminal.
[01:33:17.680 --> 01:33:21.680]  And he almost had got apoplexy.
[01:33:21.680 --> 01:33:25.680]  He ran in to the city secretary to see the city ordinances,
[01:33:25.680 --> 01:33:27.680]  and she told him, oh, yeah,
[01:33:27.680 --> 01:33:30.680]  Randy Cutt was just in here looking through your ordinances.
[01:33:30.680 --> 01:33:38.680]  And he found that since they zoned my property A2 without posting the proper notices
[01:33:38.680 --> 01:33:46.680]  and without notifying me, I could have a bus terminal, and I didn't need a permit.
[01:33:46.680 --> 01:33:49.680]  So the mayor was real unhappy,
[01:33:49.680 --> 01:33:53.680]  and then he complained because I didn't have license on the bus.
[01:33:53.680 --> 01:33:55.680]  Well, the bus didn't run.
[01:33:55.680 --> 01:33:57.680]  It had some parts missing.
[01:33:57.680 --> 01:34:05.680]  So I went to Clear Channel and got some tarps that they use as billboard signs.
[01:34:05.680 --> 01:34:07.680]  Now they put big tarps on them.
[01:34:07.680 --> 01:34:09.680]  They've got a printer that prints them.
[01:34:09.680 --> 01:34:13.680]  And when they pull them down, they just roll them up, and Clear Channel has stacks of them.
[01:34:13.680 --> 01:34:21.680]  So they're like six bucks a piece, and the tarp is like 14 by 48 feet.
[01:34:21.680 --> 01:34:26.680]  So they got this tarp and threw it over the bus,
[01:34:26.680 --> 01:34:30.680]  and the mayor came out and said, you're going to have to move that bus.
[01:34:30.680 --> 01:34:32.680]  I said, what bus?
[01:34:32.680 --> 01:34:33.680]  That bus.
[01:34:33.680 --> 01:34:35.680]  I don't see a bus.
[01:34:35.680 --> 01:34:38.680]  He went back in and checked the ordinances,
[01:34:38.680 --> 01:34:45.680]  and if you have a vehicle that's visible to the public and it's not licensed
[01:34:45.680 --> 01:34:51.680]  or doesn't have a safety sticker on it, they can tow it away.
[01:34:51.680 --> 01:34:53.680]  Off your property?
[01:34:53.680 --> 01:34:55.680]  Yeah.
[01:34:55.680 --> 01:35:00.680]  But my bus was not visible to the public.
[01:35:00.680 --> 01:35:03.680]  All you got to do is throw a tarp over it.
[01:35:03.680 --> 01:35:04.680]  I mean, they could do that.
[01:35:04.680 --> 01:35:10.680]  They could take your car off your property if it's not tagged or anything.
[01:35:10.680 --> 01:35:15.680]  Yep, and the city ordinances, yes, they can.
[01:35:15.680 --> 01:35:22.680]  So rather than try to fight a fight you're not going to win, throw a tarp over it.
[01:35:22.680 --> 01:35:25.680]  So just throw a tarp, like a $40 tarp.
[01:35:25.680 --> 01:35:28.680]  Yep.
[01:35:28.680 --> 01:35:32.680]  The bus is still sitting there with the tarp on it.
[01:35:32.680 --> 01:35:35.680]  I use it as a shop.
[01:35:35.680 --> 01:35:38.680]  I've heard no more from the mayor.
[01:35:38.680 --> 01:35:44.680]  Randy, do you honestly think someone like me would allow them to get away with that?
[01:35:44.680 --> 01:35:45.680]  Would you?
[01:35:45.680 --> 01:35:46.680]  No.
[01:35:46.680 --> 01:35:49.680]  Well, you know, it's a fight.
[01:35:49.680 --> 01:35:52.680]  I could have got in the fight with them, but I had too many fish to fry,
[01:35:52.680 --> 01:35:55.680]  so I just threw a tarp over it.
[01:35:55.680 --> 01:35:56.680]  And I have no questions.
[01:35:56.680 --> 01:36:03.680]  Actually, I had a leak in my roof for years, and I never could find it.
[01:36:03.680 --> 01:36:09.680]  I re-roofed the back of my house three times and still had the leak.
[01:36:09.680 --> 01:36:17.680]  But this house was built in 1917 and had three or four different additions to it.
[01:36:17.680 --> 01:36:19.680]  It's not a house, it's a museum.
[01:36:19.680 --> 01:36:20.680]  It's just about it.
[01:36:20.680 --> 01:36:23.680]  It used to be a morgue.
[01:36:23.680 --> 01:36:24.680]  Even better.
[01:36:24.680 --> 01:36:26.680]  A funeral home.
[01:36:26.680 --> 01:36:33.680]  But it has a peak in the middle and then it has three additions onto that.
[01:36:33.680 --> 01:36:39.680]  So I could not find the leak, and I wasn't about to pay $15,000 for a new roof.
[01:36:39.680 --> 01:36:46.680]  So I went to Clear Channel three years ago and paid $60 for tarps.
[01:36:46.680 --> 01:36:52.680]  And I tarped the entire roof.
[01:36:52.680 --> 01:36:58.680]  It's snow white, has not leaked a drop since.
[01:36:58.680 --> 01:37:04.680]  And it took me about two and a half hours to tarp that whole roof.
[01:37:04.680 --> 01:37:09.680]  That sure beat the heck out of a $15,000 roof job.
[01:37:09.680 --> 01:37:12.680]  And lowered your heating bill or cooling bill by how much?
[01:37:12.680 --> 01:37:17.680]  I suspect it did because the tarps are white.
[01:37:17.680 --> 01:37:20.680]  So George, do you have any more questions for us?
[01:37:20.680 --> 01:37:21.680]  Yes.
[01:37:21.680 --> 01:37:23.680]  My neighbor got an Oprah container violation.
[01:37:23.680 --> 01:37:25.680]  He was a passenger.
[01:37:25.680 --> 01:37:27.680]  And he has a CDL license.
[01:37:27.680 --> 01:37:34.680]  Is there any way he can get that adjudication withheld, like where you're seeking employment,
[01:37:34.680 --> 01:37:38.680]  they won't be able to find it, but the state will know about it?
[01:37:38.680 --> 01:37:41.680]  Did he take a deal?
[01:37:41.680 --> 01:37:48.680]  No, he just paid the ticket.
[01:37:48.680 --> 01:37:49.680]  If he just paid the ticket.
[01:37:49.680 --> 01:37:50.680]  Wait a minute.
[01:37:50.680 --> 01:37:57.680]  You're asking what now, if there's any way that he can not have that on his record because he's looking for work?
[01:37:57.680 --> 01:38:01.680]  Yeah, because he has a commercial license just like me.
[01:38:01.680 --> 01:38:03.680]  Yeah, no, he paid the ticket.
[01:38:03.680 --> 01:38:05.680]  If he paid the ticket, then no.
[01:38:05.680 --> 01:38:06.680]  Whoa, whoa, whoa, whoa, whoa, whoa, whoa.
[01:38:06.680 --> 01:38:08.680]  Go back to subject matter jurisdiction.
[01:38:08.680 --> 01:38:09.680]  You're right.
[01:38:09.680 --> 01:38:10.680]  Okay.
[01:38:10.680 --> 01:38:20.680]  He can get into the fight claiming that he can file a challenge to subject matter jurisdiction.
[01:38:20.680 --> 01:38:23.680]  He was not in a motor vehicle, I'm presuming.
[01:38:23.680 --> 01:38:24.680]  He was a passenger.
[01:38:24.680 --> 01:38:29.680]  He was not a passenger unless he was paying the person driving.
[01:38:29.680 --> 01:38:31.680]  He was an occupant.
[01:38:31.680 --> 01:38:33.680]  A guest, but he was not a passenger.
[01:38:33.680 --> 01:38:36.680]  A passenger is paying for the ride.
[01:38:36.680 --> 01:38:39.680]  And this would be a really great case to fight.
[01:38:39.680 --> 01:38:40.680]  Wait a minute, wait a minute.
[01:38:40.680 --> 01:38:41.680]  Now.
[01:38:41.680 --> 01:38:42.680]  George, you're saying public intoxication.
[01:38:42.680 --> 01:38:44.680]  He doesn't have to be in a.
[01:38:44.680 --> 01:38:45.680]  No, open.
[01:38:45.680 --> 01:38:46.680]  No, the open container.
[01:38:46.680 --> 01:38:47.680]  Okay, okay.
[01:38:47.680 --> 01:38:49.680]  Now, here's the other thing.
[01:38:49.680 --> 01:39:01.680]  If the ticket was filed but no information was filed and he's in a county with a criminal district court, the court had no jurisdiction to begin with.
[01:39:01.680 --> 01:39:11.680]  And even if an information was filed, if the officer ordered him to appear on it before a certain date, the court had no jurisdiction.
[01:39:11.680 --> 01:39:23.680]  Even if he wasn't ordered to appear, if he was ordered to appear on a date certain and he wasn't driving in commerce, the court has no subject matter jurisdiction.
[01:39:23.680 --> 01:39:25.680]  Correct again.
[01:39:25.680 --> 01:39:28.680]  Oh, appearance, just pay fine.
[01:39:28.680 --> 01:39:42.680]  Yes, so what he needs to do now is prepare a challenge to subject matter jurisdiction, motion to dismiss, and motion for expungement.
[01:39:42.680 --> 01:39:44.680]  Okay.
[01:39:44.680 --> 01:39:45.680]  No, thank goodness it's not me.
[01:39:45.680 --> 01:39:51.680]  I don't drink though, but I'll pass this on to him.
[01:39:51.680 --> 01:39:52.680]  I'll let you get.
[01:39:52.680 --> 01:39:54.680]  Have him send me or Eddie an email.
[01:39:54.680 --> 01:39:57.680]  If he sends it to me, I'll forward it to Eddie.
[01:39:57.680 --> 01:39:58.680]  All right.
[01:39:58.680 --> 01:40:00.680]  All right, I'll let you and Deborah get on another caller.
[01:40:00.680 --> 01:40:03.680]  You're getting tired, I can tell.
[01:40:03.680 --> 01:40:05.680]  Is my tongue getting tangled?
[01:40:05.680 --> 01:40:07.680]  He always sounds like this, even during the day.
[01:40:07.680 --> 01:40:09.680]  Don't worry about it.
[01:40:09.680 --> 01:40:13.680]  I started out about 4 o'clock this morning, so I'm kind of running out of steam.
[01:40:13.680 --> 01:40:16.680]  I'm cutting off your beer fund, Randy.
[01:40:16.680 --> 01:40:18.680]  Okay.
[01:40:18.680 --> 01:40:19.680]  All right, good night.
[01:40:19.680 --> 01:40:21.680]  Okay, we've got a couple more callers here.
[01:40:21.680 --> 01:40:29.680]  We've got, well, I was going to go to Brian, but he hung up.
[01:40:29.680 --> 01:40:32.680]  Brian, if you're out there listening, call back in.
[01:40:32.680 --> 01:40:33.680]  We'll take you next.
[01:40:33.680 --> 01:40:37.680]  In the meantime, we're going to go back to Paul in Virginia.
[01:40:37.680 --> 01:40:45.680]  Okay, Paul, so did you research while you were hanging on the line?
[01:40:45.680 --> 01:40:47.680]  Is Paul there?
[01:40:47.680 --> 01:40:49.680]  I think we put him to sleep.
[01:40:49.680 --> 01:40:51.680]  Sounds like he's not hanging on the line.
[01:40:51.680 --> 01:40:55.680]  Yeah, I have that effect on a lot of people.
[01:40:55.680 --> 01:41:00.680]  They listen to me for five minutes and go to sleep.
[01:41:00.680 --> 01:41:02.680]  Okay, let's go to listener.
[01:41:02.680 --> 01:41:05.680]  He said he was just listening.
[01:41:05.680 --> 01:41:06.680]  Oh, he's just listening.
[01:41:06.680 --> 01:41:08.680]  Okay, then we're out of calls?
[01:41:08.680 --> 01:41:09.680]  It looks like it.
[01:41:09.680 --> 01:41:13.680]  I was just about to go to Brian, but then he hung up.
[01:41:13.680 --> 01:41:14.680]  Okay.
[01:41:14.680 --> 01:41:19.680]  Okay, well, if Brian doesn't call back in within the next minute or two,
[01:41:19.680 --> 01:41:26.680]  I guess that's about it.
[01:41:26.680 --> 01:41:29.680]  Okay, it's been a good night.
[01:41:29.680 --> 01:41:32.680]  Yes, thanks guys out there for calling in.
[01:41:32.680 --> 01:41:39.680]  Oh, and just for the record, the magistrate in the case where I went to the
[01:41:39.680 --> 01:41:44.680]  magistrate and turned myself in and then the prosecutor filed a motion asking
[01:41:44.680 --> 01:41:52.680]  the magistrate to dismiss the examining trial,
[01:41:52.680 --> 01:41:58.680]  I have filed an answer to his motion claiming that the district attorney in
[01:41:58.680 --> 01:42:03.680]  Denton County has no subject matter jurisdiction in the case,
[01:42:03.680 --> 01:42:09.680]  filed for sanctions against the attorneys who filed the motion,
[01:42:09.680 --> 01:42:13.680]  and will be filing a bar grievance against him.
[01:42:13.680 --> 01:42:18.680]  So it looks like my examining trial can be back on,
[01:42:18.680 --> 01:42:24.680]  which would set a great precedence.
[01:42:24.680 --> 01:42:32.680]  It's my opinion that this may well be the most important thing that we can do.
[01:42:32.680 --> 01:42:37.680]  We established the magistrate as a neutral go-between between the police
[01:42:37.680 --> 01:42:40.680]  and the courts.
[01:42:40.680 --> 01:42:44.680]  All of this police crapola that's going on,
[01:42:44.680 --> 01:42:50.680]  if they have to go directly to a magistrate, this stuff will just go away.
[01:42:50.680 --> 01:42:55.680]  So this is probably the most important fight I can have right now.
[01:42:55.680 --> 01:42:59.680]  And the fat's in the fire.
[01:42:59.680 --> 01:43:03.680]  I just filed a whole stack of motions,
[01:43:03.680 --> 01:43:08.680]  habeas corpus, mandamus, court of inquiry, bar grievance,
[01:43:08.680 --> 01:43:14.680]  judicial conduct complaints, grand jury complaints, FBI complaints.
[01:43:14.680 --> 01:43:20.680]  I got a stack seven inches high filed on these guys.
[01:43:20.680 --> 01:43:25.680]  And now I still may be getting the magistrate to attach these witnesses
[01:43:25.680 --> 01:43:29.680]  and bring them up to Denton County.
[01:43:29.680 --> 01:43:31.680]  And then I get to call them to the stand,
[01:43:31.680 --> 01:43:35.680]  and when I get through with them, they better have a toothbrush.
[01:43:35.680 --> 01:43:39.680]  Well, yeah, because see, the thing that was sticking out in my mind
[01:43:39.680 --> 01:43:44.680]  the whole time about all of this with Denton County
[01:43:44.680 --> 01:43:50.680]  is that this Denton County DA is filing these motions in this case
[01:43:50.680 --> 01:43:52.680]  and putting up this big stink.
[01:43:52.680 --> 01:43:58.680]  And it's like, what the heck does the Denton County DA have to do with any of this?
[01:43:58.680 --> 01:44:00.680]  He doesn't have any standing.
[01:44:00.680 --> 01:44:03.680]  He's not the one that would be prosecuting the case.
[01:44:03.680 --> 01:44:04.680]  Why the heck?
[01:44:04.680 --> 01:44:11.680]  I mean, he's approaching Hand as a DA to a judge,
[01:44:11.680 --> 01:44:16.680]  but that's not the function that Hand is serving in this case.
[01:44:16.680 --> 01:44:20.680]  Hand is being invoked as a magistrate, not as a judge,
[01:44:20.680 --> 01:44:25.680]  and so the DA of Denton County doesn't have anything to do with it at all
[01:44:25.680 --> 01:44:28.680]  as far as the law is concerned.
[01:44:28.680 --> 01:44:33.680]  The magistrate has subject matter jurisdiction over the complaint.
[01:44:33.680 --> 01:44:36.680]  The Denton County District Attorney does not.
[01:44:36.680 --> 01:44:43.680]  Right, and like I said, it seems to me that the DA of Denton County is approaching
[01:44:43.680 --> 01:44:48.680]  and filing documents and making arguments concerning this whole situation,
[01:44:48.680 --> 01:44:51.680]  approaching Hand as the judge.
[01:44:51.680 --> 01:44:58.680]  Okay, but Hand doesn't serve the function of a judge in this case.
[01:44:58.680 --> 01:45:02.680]  He's serving the function of a magistrate.
[01:45:02.680 --> 01:45:07.680]  Exactly, and that's the argument that I made in the motion.
[01:45:07.680 --> 01:45:11.680]  I mean, if he wants to file documents, amicus briefs,
[01:45:11.680 --> 01:45:15.680]  I don't even know if he can file amicus briefs with a magistrate.
[01:45:15.680 --> 01:45:19.680]  Yeah, he can file amicus curi briefs anywhere.
[01:45:19.680 --> 01:45:22.680]  It's just that the court can ignore them and use them.
[01:45:22.680 --> 01:45:23.680]  Yeah, but it's not the court.
[01:45:23.680 --> 01:45:25.680]  Hand is the magistrate here.
[01:45:25.680 --> 01:45:28.680]  Yeah, this is a magistrate court,
[01:45:28.680 --> 01:45:36.680]  and Hand in his capacity as a magistrate can use his amicus curi brief as toilet paper,
[01:45:36.680 --> 01:45:37.680]  or he can pay attention to it.
[01:45:37.680 --> 01:45:40.680]  He can do whatever he wants to with it.
[01:45:40.680 --> 01:45:47.680]  Filing an amicus curi brief places no duty on the court.
[01:45:47.680 --> 01:45:56.680]  So Denton County District Attorney has no standing here at all.
[01:45:56.680 --> 01:45:58.680]  So that's where we're at on that.
[01:45:58.680 --> 01:46:01.680]  So you just filed that.
[01:46:01.680 --> 01:46:05.680]  Did you file that with the, or send that response to Judge Hand,
[01:46:05.680 --> 01:46:07.680]  Nestor Hand today?
[01:46:07.680 --> 01:46:10.680]  I was going to, but their office was closed on Friday, apparently.
[01:46:10.680 --> 01:46:13.680]  It said it was closed until further notice for training.
[01:46:13.680 --> 01:46:15.680]  So I'll get it to him Monday.
[01:46:15.680 --> 01:46:16.680]  All right.
[01:46:16.680 --> 01:46:18.680]  I'll mail it in the morning.
[01:46:18.680 --> 01:46:22.680]  Let's hope the training is he's going to research all this stuff on his own
[01:46:22.680 --> 01:46:24.680]  so he can beat somebody up with it really badly.
[01:46:24.680 --> 01:46:26.680]  Yeah, I hope so.
[01:46:26.680 --> 01:46:27.680]  All right.
[01:46:27.680 --> 01:46:28.680]  Okay.
[01:46:28.680 --> 01:46:30.680]  Thanks for a great show, guys.
[01:46:30.680 --> 01:46:31.680]  Okay, guys.
[01:46:31.680 --> 01:46:32.680]  We really appreciate it.
[01:46:32.680 --> 01:46:34.680]  We appreciate all the callers hanging on the line.
[01:46:34.680 --> 01:46:37.680]  Brian, I'm sorry you dropped off the line.
[01:46:37.680 --> 01:46:38.680]  Call back in.
[01:46:38.680 --> 01:46:42.680]  Callers, listeners, we still have a whole bunch of streams.
[01:46:42.680 --> 01:46:44.680]  We appreciate everyone staying on the line.
[01:46:44.680 --> 01:46:48.680]  And I'll have the archives up very shortly.
[01:46:48.680 --> 01:46:53.680]  Anyone that wants to help try to get us some sponsors or any donations would be
[01:46:53.680 --> 01:46:55.680]  very much appreciated.
[01:46:55.680 --> 01:47:02.680]  Yes, and by all means, do not forget Randy's Beer Fund.
[01:47:02.680 --> 01:47:05.680]  I've still got a nickel in it.
[01:47:05.680 --> 01:47:06.680]  All right.
[01:47:06.680 --> 01:47:07.680]  Thank you, listeners.
[01:47:07.680 --> 01:47:08.680]  Thank you, callers.
[01:47:08.680 --> 01:47:10.680]  We'll be back Monday evening.
[01:47:10.680 --> 01:47:36.680]  Yeah, have a good night.
[01:47:36.680 --> 01:47:58.680]  Thank you.
[01:47:58.680 --> 01:48:20.680]  Thank you.
[01:48:20.680 --> 01:48:42.680]  Thank you.
[01:48:42.680 --> 01:49:04.680]  Thank you.
[01:49:04.680 --> 01:49:26.680]  Thank you.
[01:49:26.680 --> 01:49:48.680]  Thank you.
[01:49:48.680 --> 01:50:10.680]  Thank you.
[01:50:10.680 --> 01:50:30.680]  Thank you.
[01:50:30.680 --> 01:50:52.680]  Thank you.
[01:50:52.680 --> 01:51:12.680]  Thank you.
[01:51:12.680 --> 01:51:34.680]  Thank you.
[01:51:34.680 --> 01:51:56.680]  Thank you.
[01:51:56.680 --> 01:52:18.680]  Thank you.
[01:52:18.680 --> 01:52:40.680]  Thank you.