[00:00.000 --> 00:04.600] This news brief brought to you by the International News Net. [00:04.600 --> 00:11.000] The Pentagon is spending more than $100 million to build new bases in Bulgaria and Romania, [00:11.000 --> 00:17.400] even as the Obama administration scrapped plans for a missile defense shield in Eastern Europe. [00:17.400 --> 00:23.300] The Yemeni government continued its campaign of airstrikes against the northern Sardar region Sunday, [00:23.300 --> 00:27.200] destroying a hospital and leaving 44 people dead. [00:27.200 --> 00:32.700] Doctors without borders said Raze hospital was fully functional. [00:32.700 --> 00:37.900] Latin American leaders have agreed to use a new intra-regional trading currency, the sucre, [00:37.900 --> 00:39.500] instead of the US dollar. [00:39.500 --> 00:43.200] Bolivian President Evo Morales said the document is approved [00:43.200 --> 00:49.800] and the sucre will be introduced next year in a non-paper form. [00:49.800 --> 00:53.200] The Afghan electoral crisis intensified Monday, [00:53.200 --> 01:00.000] as Afghan officials refused to accept the findings of a UN-backed panel that would force a runoff. [01:00.000 --> 01:04.200] The Electoral Complaints Commission completed its investigation last week [01:04.200 --> 01:09.600] into allegations of ballot stuffing and intimidation in the August 20th vote. [01:09.600 --> 01:15.200] Two international officials said enough votes for President Hamid Karzai were thrown out [01:15.200 --> 01:22.800] that his total drops below the 50% threshold needed to avoid a runoff with challenger Abdullah Abdullah. [01:22.800 --> 01:28.400] An official who spoke on condition of anonymity said the findings were incontrovertible. [01:28.400 --> 01:34.700] However, the Independent Election Commission, dominated by Karzai allies, has rejected the data. [01:34.700 --> 01:41.600] Karzai spokesman Wahid Omar said the president will not accept the findings until they are publicly released. [01:41.600 --> 01:47.900] This has raised fears Karzai may refuse to go along with a runoff even after the figures are announced. [01:47.900 --> 01:56.800] With the further delaying formation of a government, the US believes it is vital to help combat the Taliban. [01:56.800 --> 02:01.600] Spiegel Online says German Chancellor Angela Merkel and government ministers [02:01.600 --> 02:05.800] will receive a special adjuvant-free H1N1 vaccine. [02:05.800 --> 02:14.300] The German government elite and the armed forces will receive SelvaPan and adjuvant-free vaccine manufactured by Baxter. [02:14.300 --> 02:20.400] The German public will receive a vaccine produced by GlaxoSmithKline containing adjuvants. [02:20.400 --> 02:25.500] Employees of the Paul Ehrlich Institute will also get the adjuvant-free vaccine. [02:25.500 --> 02:31.800] Johannes Loehr, president of the institute, said the vaccine causes worse side effects than the virus. [02:31.800 --> 02:39.400] Loehr's comment came after German lung specialist Wolfgang Wodarg said the vaccine increases the risk of cancer. [02:39.400 --> 02:44.100] The nutrient solution for the vaccine consists of cancerous cells from animals. [02:44.100 --> 02:53.100] Spiegel reports there is an open rebellion by medical professionals and child physicians in Germany over the use of the toxic vaccine. [03:14.100 --> 03:18.400] The German government and the German public will receive a special adjuvant-free vaccine manufactured by GlaxoSmithKline. [03:44.100 --> 03:49.100] The German public will receive a special adjuvant-free vaccine manufactured by GlaxoSmithKline. [04:14.100 --> 04:19.100] The German public will receive a special adjuvant-free vaccine manufactured by GlaxoSmithKline. [04:44.100 --> 04:51.100] The German public will soon receive a special adjuvant-free vaccine manufactured by GlaxoSmithKline. [05:14.100 --> 05:22.100] brand new chance. To profit from my fear, we're gonna show my brand new dance. [05:22.100 --> 05:33.100] 267 stories, they blew up into almost nothing. I'm in pain in the rain, it makes me make my living pushing buttons. [05:33.100 --> 05:55.100] Yeah, I push it so good, like I know I should. Pushing on the envelope, I give them all plenty of rope. [05:55.100 --> 06:07.100] I can see a whole heap of slack tonight. I can see a whole heap of slack we ain't gonna be cutting right here on the rule of law. [06:07.100 --> 06:17.100] I'm Deborah Stevens, I'm here with Randy Kelton and Eddie Craig, of course. We're gonna be discussing some issues tonight. [06:17.100 --> 06:32.100] Apparently, me and Eddie are gonna have a debate with Randy about whether we should go after these public officials for an unauthorized tax. [06:32.100 --> 06:37.100] But before we get into that, I just want to give one more announcement about the seminar. [06:37.100 --> 06:47.100] It's this weekend here at Brave New Books here in Austin, Texas, October 24th and 25th. We start at 11 a.m. We're going to 8 p.m. [06:47.100 --> 06:54.100] Both days we'll have a break for meals, of course, somewhere in the middle of the afternoon. [06:54.100 --> 07:08.100] And folks, we have about 15 seats left open, so sign up, send me an email, send in a check, register online with the PayPal. [07:08.100 --> 07:14.100] I prefer checks so that we don't have to pay the PayPal fees, but at any rate, folks, get your spot in line. [07:14.100 --> 07:24.100] We have maybe max, 15 to 20 people max left that we can fit into the room. And so make sure that you sign up. [07:24.100 --> 07:33.100] And callers who would like to call and ask us questions this week, you'll need to call tonight, okay, Thursday at the latest, [07:33.100 --> 07:39.100] because we're not doing a show Friday night. We're going to be running an archive Friday night because we have to prepare for the seminar. [07:39.100 --> 07:46.100] We've got to set up at the bookstore. We can't set up that morning, so there's no show. We're running an archive Friday night. [07:46.100 --> 07:52.100] So callers, listeners, don't wait until Friday to call in because there's not going to be a show Friday. [07:52.100 --> 07:59.100] Call in tonight. Call in now. Call in Thursday if you have to wait that long, but just making that announcement right now. [07:59.100 --> 08:03.100] And we appreciate if you don't wait until the last 10 minutes of the show either. [08:03.100 --> 08:09.100] Well, it seems like the last few weeks I've been asking for callers the whole show and then like 20 people call right at the end. [08:09.100 --> 08:15.100] So if you want to ask a question, you need to get in early. Okay, so back to business. [08:15.100 --> 08:23.100] Okay, so the debate, the raging debate is on. So which one of y'all want to go first? [08:23.100 --> 08:28.100] That Eddie, because I get the end and he's, I'm right and he's wrong. [08:28.100 --> 08:34.100] Well, actually, okay, that's perfect. We'll let Eddie go first, you go second, and then I'll end it. [08:34.100 --> 08:39.100] Okay, well, let's just set the stage for what the discussion is about. [08:39.100 --> 08:51.100] Basically speaking, one of the things that deals with the fees and everything attached to licenses and registrations and all this kind of stuff [08:51.100 --> 08:59.100] is the fact that every one of these things requires that you pay some sort of fee to get it. [08:59.100 --> 09:04.100] You go down to get your driver's license, you pay a fee. Every time you renew it, you pay a fee. [09:04.100 --> 09:10.100] Every time you get your car inspected, you pay a fee. Every time you get it registered, you pay a fee for the tag. [09:10.100 --> 09:15.100] You pay a fee for the plate and so on and so forth. [09:15.100 --> 09:26.100] So basically one of the things that I've come to understand is that the government can't just charge a fee, not to the general public. [09:26.100 --> 09:32.100] If they're charging the general public for something, it has to be either in the form of a service [09:32.100 --> 09:37.100] or if it's something the state is saying that's being required, it is a tax. [09:37.100 --> 09:42.100] There's no other way for them to get money from the public when they say that it's something that's required. [09:42.100 --> 09:53.100] So when you consider the fact that the code itself shows conclusively that the license is not a required item for the general public, [09:53.100 --> 10:00.100] yet you are being forced to pay the fee and acquire the license whether you need it or not. [10:00.100 --> 10:13.100] Not only is that a compelled payment or a compelled tax, but there's no authority in law for the government to place that tax upon you, [10:13.100 --> 10:20.100] which is why they're limited to placing it upon those engaged in commerce, which is a regulatable activity. [10:20.100 --> 10:33.100] We know from a common understanding of the Constitution that a right cannot be taxed, a right cannot be legislated, and the reasons for those should be obvious. [10:33.100 --> 10:44.100] If a right could be legislated, then a right could be taken away simply by the legislator putting an act into place, getting it passed, it takes away the right. [10:44.100 --> 10:55.100] If it can be taxed, the right can be diminished or destroyed simply by setting the tax high enough that only a few can afford to pay the tax [10:55.100 --> 11:02.100] or so high that none can afford to pay the tax and thus the right is removed because no one can pay the fee to exercise it. [11:02.100 --> 11:10.100] Those are the general basic principles of understanding as to why a right cannot be taxed or legislated. [11:10.100 --> 11:15.100] Otherwise, the Constitution is worthless and we may as well not have even bothered. [11:15.100 --> 11:28.100] So basically speaking, we're all being forced to pay for these fees on these individual permits, stickers, tags, licenses, all these other things, [11:28.100 --> 11:39.100] and they amount to nothing more than a charge for a service that most of us neither need nor want if we tell the truth about it. [11:39.100 --> 11:48.100] So we're being taxed without our knowledge, we're being taxed without lawful authority, which makes the tax illegal. [11:48.100 --> 11:57.100] Well, the problem is what they're going to say is you're not being taxed, you're merely being charged for a service. [11:57.100 --> 12:00.100] Is the service an option? [12:00.100 --> 12:02.100] Well, you don't have to drive. [12:02.100 --> 12:04.100] I'm not driving. [12:04.100 --> 12:06.100] I'm exercising a right. [12:06.100 --> 12:09.100] You don't have to travel on the highways. You can walk. [12:09.100 --> 12:16.100] Sure I do. The highways belong to me. I have the right to travel upon the highways. [12:16.100 --> 12:17.100] But it's like... [12:17.100 --> 12:22.100] Yeah, but we don't have to exercise any rights, but that's not the question here. [12:22.100 --> 12:30.100] The issue is that it's a right and they don't have the authority to tell us that we don't have to do it. [12:30.100 --> 12:35.100] It's not any of their business whether we have to do it or not. It's a right. [12:35.100 --> 12:39.100] This goes to excise tax. [12:39.100 --> 12:45.100] Excise taxes are taxed on things you choose to do. [12:45.100 --> 12:52.100] And if you choose not to do it, it won't cost you anything. [12:52.100 --> 12:54.100] Well, the problem there, Randy... [12:54.100 --> 12:56.100] You can't place an excise on a right. [12:56.100 --> 13:09.100] Yeah, that's the problem with putting an excise tax on a right because they're forcing you into a position to have to choose not to exercise a right just so that you don't have to pay a tax on it. [13:09.100 --> 13:10.100] They're restricting your rights. [13:10.100 --> 13:13.100] They're not restricting you from traveling. [13:13.100 --> 13:19.100] Sure they are. They're restricting the use of my private property for my private purposes. [13:19.100 --> 13:23.100] I have the right to acquire, therefore I have the right to use. [13:23.100 --> 13:35.100] Yes, but on highways that were designed and built for a specific purpose with funds allotted to that specific purpose. [13:35.100 --> 13:38.100] What is the specific purpose of a highway? [13:38.100 --> 13:40.100] Commercial transport. [13:40.100 --> 13:43.100] Sorry, that's not what the courts say. [13:43.100 --> 13:51.100] The courts say that the usual normal use of the road is for the use and travel of the people in their private capacity. [13:51.100 --> 13:55.100] You can walk up and down the road any time you want to. [13:55.100 --> 14:03.100] The use for a commercial purpose is an extraordinary use and capacity, and it may be taxed. [14:03.100 --> 14:08.100] You're just being charged for the damage that you do to the roads traveling over them. [14:08.100 --> 14:20.100] I pay the taxes that repair the roads, therefore to charge me an extra tax that I neither authorized nor agreed to above and beyond that which I have been informed of is an unlawful tax. [14:20.100 --> 14:27.100] So which one is the one that would be lawful, the fuel tax? [14:27.100 --> 14:36.100] No, the fuel tax is only chargeable to those engaged in commerce that use motor fuels. [14:36.100 --> 14:38.100] Do you use motor fuel on the highway? [14:38.100 --> 14:42.100] No, I don't. I have to be in a motor vehicle to use motor fuels. [14:42.100 --> 14:45.100] Have you defined motor fuel? [14:45.100 --> 14:48.100] Motor fuel is that found in the motor... [14:48.100 --> 14:49.100] Gasoline. [14:49.100 --> 15:03.100] No. If you actually look at the statutes on gasoline, it specifically tells you that those that are not using the vehicle in which the gas is placed for the purpose of commerce, [15:03.100 --> 15:14.100] then any and all taxes paid, including the motor fuels tax itself, may be reimbursed by the filing of a form to request the reimbursement of said gasoline tax. [15:14.100 --> 15:24.100] Therefore, the state is very, very aware of the distinction between the use of a non-commercial and a commercial vehicle. [15:24.100 --> 15:35.100] Okay. Here's my real concern about going after this as an unauthorized tax. [15:35.100 --> 15:48.100] I'm concerned with the political pressure we're going to run into, and my concern is that the ultraconservative right is even going to agree with these people. [15:48.100 --> 15:53.100] Even the ones paying this tax are going to agree with it. [15:53.100 --> 16:01.100] What happens if you're right and they agree with you? [16:01.100 --> 16:08.100] What happens to the Texas government? [16:08.100 --> 16:11.100] What do you mean what happens to the Texas government? [16:11.100 --> 16:22.100] If the Texas government has collected these fines and fees in violation of any law, what must they do? [16:22.100 --> 16:26.100] Well, the first thing is they must be charged. [16:26.100 --> 16:31.100] That's what we have to do. What must they do if it's found? [16:31.100 --> 16:35.100] Well, they're going to have to find a way to return the money they've taken for one. [16:35.100 --> 16:41.100] Not just return it, but pay the interest on it as well, as in triplicates. [16:41.100 --> 16:44.100] Okay, listen. We're going to break, guys. We're going to break. [16:44.100 --> 16:54.100] They're just going to have to deal with it as what they're going to have to do and pay us back the money and stop charging excise taxes on rights. [16:54.100 --> 17:00.100] We can't tax a right because it restricts our rights. We'll be right back. [17:00.100 --> 17:06.100] Hello, Austin. My name is Harlan Dietrich, owner of Brave New Books, a local independent bookstore here in town. [17:06.100 --> 17:10.100] Many of you are familiar with the bookstore and have attended some of our events. [17:10.100 --> 17:19.100] We've been proud to host speakers like Alex Jones, Ron Paul, Jim Mars, Katherine Albert, Wester Farpley, Theodore Griffin, and many other heroic figures in the patriot movement. [17:19.100 --> 17:30.100] But now Brave New Books needs your help. In order to continue to provide a space for these events and be an outlet for hard to find materials, we're going to need you, Austin, to help spread the word about the bookstore. [17:30.100 --> 17:38.100] Please tell your friends and family about the wide variety of materials we offer. We also have DVD duplication capabilities for all you activists. [17:38.100 --> 17:42.100] Also, if you haven't visited us yet, please come down and show your support. [17:42.100 --> 17:47.100] It is so easy to support the big corporate chain stores that do nothing to further our message. [17:47.100 --> 17:59.100] Remember, you vote with your dollars. We're counting on you, Austin. If you need any information, please call 512-480-2503 or visit us at 1904 Guadalupe Street. Thank you, everyone. [18:17.100 --> 18:22.100] You know what? They don't have an answer. [18:22.100 --> 18:24.100] They don't have an answer. [18:24.100 --> 18:27.100] You ask the question. [18:27.100 --> 18:29.100] Look one again. [18:29.100 --> 18:32.100] And they don't have an answer. [18:32.100 --> 18:34.100] So they slip aside. [18:34.100 --> 18:38.100] I can't go to the supermarket and see, Lord, how they want with them. Take it easy. [18:38.100 --> 18:48.100] They might not lead to political union. They're getting mad and angry. But they're not standing up and fighting. Fight for their freedom and be free. [18:48.100 --> 18:52.100] When they like them, love slavery and get handouts from the government. [18:52.100 --> 18:54.100] Look again. [18:54.100 --> 18:57.100] They ask the question. [18:57.100 --> 18:59.100] Look one again. [18:59.100 --> 19:02.100] They don't have an answer. [19:02.100 --> 19:04.100] They don't have an answer. [19:04.100 --> 19:06.100] They ask the question. [19:06.100 --> 19:10.100] Okay. We ask the questions. They don't have the answers. [19:10.100 --> 19:14.100] Okay. Yeah. I mean, it's a fundamental basic principle. [19:14.100 --> 19:18.100] The government is not authorized to tax a right. [19:18.100 --> 19:22.100] Excise taxes go to privileges. [19:22.100 --> 19:24.100] Right of travel is a right. [19:24.100 --> 19:28.100] And I've been looking through some of Eddie's documentation for the seminar. [19:28.100 --> 19:35.100] And there are literally dozens and dozens of pages of case law, Supreme Court case law at that, [19:35.100 --> 19:38.100] talking about that travel is a right. [19:38.100 --> 19:50.100] And, of course, traveling in your own private conveyance, whether it be an automobile, a plane, a bicycle on foot, whatever, it is a right. [19:50.100 --> 19:55.100] Any which way you slice it, they don't have the authority to tax a right. [19:55.100 --> 20:00.100] Because if we allow them to do that, then they restrict our rights. [20:00.100 --> 20:08.100] So the issue isn't whether or not, well, you don't have to drive or you don't have to, you know, travel in your private conveyance. [20:08.100 --> 20:11.100] You could walk or you could do this or you could do that. [20:11.100 --> 20:15.100] Well, now you're telling me how to live my life and how to exercise my right to travel. [20:15.100 --> 20:18.100] And they don't have the authority to do that either. [20:18.100 --> 20:28.100] You'll also see very specifically in that same set of case law that it says over and over again that the people's right to travel upon the roads by carriage, [20:28.100 --> 20:33.100] horseback or automobile is a right of personal liberty. [20:33.100 --> 20:34.100] Okay. [20:34.100 --> 20:37.100] That's the one I was digging for. [20:37.100 --> 20:48.100] And it specifically states, you know, that there's even one in there that says by the current conveyance, whatever that may be, that means it's prepared for the future, too. [20:48.100 --> 20:56.100] If suddenly we all can travel in personal bullet planes, you know, that's still our right to use whatever space we're in for that purpose. [20:56.100 --> 21:03.100] And then, of course, to compound that problem for the state, we have the right to property issue. [21:03.100 --> 21:12.100] The state is attempting to deny the private citizens their right to the use of their personal private property for its intended purpose. [21:12.100 --> 21:20.100] An automobile was designed for the purpose of traveling and moving from place to place, exercising a liberty. [21:20.100 --> 21:26.100] The fact that it was adapted to commerce changes nothing when its use is not for commerce. [21:26.100 --> 21:30.100] Well, that wasn't really my concern. [21:30.100 --> 21:35.100] I tend to be more pragmatic than idealistic. [21:35.100 --> 21:43.100] While I realize that travel is a right, we're in a real mess here. [21:43.100 --> 21:51.100] Because we've allowed this to fester for so long, we've created a dilemma. [21:51.100 --> 21:53.100] This part's very true. [21:53.100 --> 21:55.100] Such a dilemma, in fact. [21:55.100 --> 22:00.100] I forgot to tell you on last Monday night's show, but I was in town running a service call. [22:00.100 --> 22:08.100] And when I left my customer's office, I was sitting at a light, and behind me in this car was this little old white-haired lady. [22:08.100 --> 22:14.100] And she was standing up in her seat with her face stuck against her windshield, staring at my license plate. [22:14.100 --> 22:22.100] She pulled out a camera, took pictures of it, then got on her cell phone, and I am assuming was calling the police department. [22:22.100 --> 22:24.100] For what? [22:24.100 --> 22:28.100] Oh, there's a car here that doesn't have tags on it. It's going down the road right now. [22:28.100 --> 22:30.100] I could just hear the conversation in my head. [22:30.100 --> 22:32.100] Oh, no. [22:32.100 --> 22:39.100] And I couldn't do anything but just sit there and grin and laugh to myself, because I knew what she was doing. [22:39.100 --> 22:43.100] And bless her heart, she thought she was doing a good thing. [22:43.100 --> 22:44.100] But you're right. [22:44.100 --> 22:47.100] The dilemma is that this has gone on for so long. [22:47.100 --> 22:58.100] It has become such a pattern of behavior that even those that are shown the truth of what the law says cannot accept it. [22:58.100 --> 23:01.100] It's like turning off their oxygen tank. [23:01.100 --> 23:04.100] That's not my concern. [23:04.100 --> 23:20.100] My concern is that the economic situation has become so enmeshed in this improper tax that if we go to our courts [23:20.100 --> 23:31.100] and ask them to rule that this has all been illegal the whole time, the whole house of financial cards will fall apart. [23:31.100 --> 23:40.100] And when we go to the courts and ask them to do that, they're going to say, are you out of your mind? [23:40.100 --> 23:42.100] I don't care if you're right or wrong. [23:42.100 --> 23:45.100] I'm not going to be the one to cause this to happen. [23:45.100 --> 23:49.100] You're going to have to find somebody else to do that. [23:49.100 --> 23:55.100] So how do we get this done? [23:55.100 --> 23:58.100] How do we get it changed? [23:58.100 --> 24:05.100] Only one way comes to mind, and that is we're going to have to file suit challenging it. [24:05.100 --> 24:09.100] That's going to be the only way to make a public attention thing out of it. [24:09.100 --> 24:10.100] What are we going to challenge? [24:10.100 --> 24:13.100] All of it? [24:13.100 --> 24:17.100] If we challenge all of it, I guarantee you what's going to happen. [24:17.100 --> 24:24.100] I guarantee you too, but you've got to understand that it does not matter which piece of this pie we go after. [24:24.100 --> 24:29.100] This is a very large pie to them financially speaking. [24:29.100 --> 24:37.100] And no matter what kind of slice we take out of it, it's going to cost them more money than they're willing to part with without a fight. [24:37.100 --> 24:41.100] Right or wrong is not going to make a difference to them. [24:41.100 --> 24:46.100] Well, that's why I'm thinking of a strategy. [24:46.100 --> 24:52.100] Instead of going after the system so directly, we make noise about that. [24:52.100 --> 25:01.100] But what I really want to go after is the judge and the police officer and the municipal attorney. [25:01.100 --> 25:04.100] You've got good arguments on them. [25:04.100 --> 25:15.100] And we start taking them apart, claiming that because of these violations, they're without subject matter jurisdiction, we sue them personally. [25:15.100 --> 25:21.100] We start bringing them when we get before a pedant jury. [25:21.100 --> 25:26.100] Then we start bringing the real law to the pedant jury. [25:26.100 --> 25:36.100] That's a whole other animal in a way that doesn't give the appearance of tearing the entire edifice down all at once. [25:36.100 --> 25:41.100] Well, but now when I said file suit, I was not talking about lawsuit. [25:41.100 --> 25:44.100] I was talking about private attorney general suit. [25:44.100 --> 25:46.100] Well, that's a lawsuit. [25:46.100 --> 25:52.100] That's a civil action for yourself and all others similarly situated. [25:52.100 --> 25:54.100] Correct. [25:54.100 --> 25:56.100] It comes to the same thing. [25:56.100 --> 26:12.100] If we try to bite off too big a piece of the pie on the front end, we're going to get smacked and give us more fights, more fights than we can keep up with. [26:12.100 --> 26:22.100] Well, the benefit, however, Randy, of taking that tack is the possibility of being able to drag the federal government in on your side. [26:22.100 --> 26:24.100] They're not going to help. [26:24.100 --> 26:26.100] That's a big benefit. [26:26.100 --> 26:28.100] They're not going to help you here. [26:28.100 --> 26:33.100] Ah, but you remember what you said before about the monetary basis? [26:33.100 --> 26:46.100] If they believe that they can steal that much money from the state by helping get it, you know, the money that was stolen and get a big chunk of that, you don't think they'd be willing to help? [26:46.100 --> 26:55.100] They don't have a way of getting a chunk of it, unless you're thinking Quaytown. [26:55.100 --> 26:58.100] Right. That's exactly what I'm thinking about. [26:58.100 --> 27:00.100] Oh. [27:00.100 --> 27:18.100] Well, also, Randy, keep in mind that, you know, from the research that I've done, you know, I need to do more recent research, but it's looked to me like the state gets most of its revenue through sales tax anyway, not through these, you know, other taxes concerning travel. [27:18.100 --> 27:21.100] Well, they're not going to have any easier time on that one. [27:21.100 --> 27:25.100] The next thing I go after them on is the sales tax either. [27:25.100 --> 27:33.100] Okay, one battle at a time, Eddie. But still, as far as this is concerned, they're mainly getting most of their revenue. [27:33.100 --> 27:41.100] I mean, the only revenue they're going to lose is revenue to build more toll roads, that's all. [27:41.100 --> 27:47.100] Well, when you consider, well, I don't know if that's the biggest basis of their revenue or not, Deborah. [27:47.100 --> 27:53.100] When you consider what you're talking about in this regard, let's analyze this for a second. [27:53.100 --> 28:00.100] You're talking one driver's license per every individual in Texas over the age of 15. [28:00.100 --> 28:03.100] Approximately 15 million licensed drivers. [28:03.100 --> 28:13.100] Okay. You're talking revenue from kickbacks on the insurance policy for every single policy plus every single insured motor vehicle. [28:13.100 --> 28:15.100] Yeah, it's a lot. That's for sure. [28:15.100 --> 28:27.100] Then you're talking about the individual cost or price of registration, the individual price of inspection, and all the other related things that go with that. [28:27.100 --> 28:35.100] All of those pale into insignificance next to the road use tax. [28:35.100 --> 28:38.100] Yeah, they're going to put up a fight over this one, that's for sure. [28:38.100 --> 28:45.100] It does not pale in insignificance to the added features of the citations. [28:45.100 --> 28:47.100] Oh, even the citations. [28:47.100 --> 28:51.100] You're talking three to nine billion a year. [28:51.100 --> 28:58.100] That's chump change compared to the tax you pay at the pump. [28:58.100 --> 29:02.100] They can't charge that one. [29:02.100 --> 29:04.100] They already can't charge that one and they know it. [29:04.100 --> 29:06.100] They know they can't charge it. [29:06.100 --> 29:11.100] They know that if you file the form to have it reimbursed, they have to give it back. [29:11.100 --> 29:19.100] What they've counted on, however, is no one finding that section of the statute. [29:19.100 --> 29:30.100] That's one way to lessen the impact is we get everyone we can find sending the form in. [29:30.100 --> 29:33.100] Then they're dealing with one battle at a time. [29:33.100 --> 29:40.100] I'm afraid that if we go after them with the whole enchilada, [29:40.100 --> 29:45.100] they're going to squash us like a buck and then we're going to go fight them for it. [29:45.100 --> 29:47.100] We get more fights. [29:47.100 --> 29:49.100] Okay, listen, we're going to break. [29:49.100 --> 29:51.100] We also have some callers on the line. [29:51.100 --> 29:53.100] We'll talk about this some more on the other side. [29:53.100 --> 29:56.100] We've got Keith and Brian coming up. [29:56.100 --> 30:00.100] We'll be right back. [30:00.100 --> 30:04.100] Are you tired of being pulled over before you can find the time to get your registration [30:04.100 --> 30:08.100] or insurance for anything resulting in traffic tickets, fines, and court appearances? [30:08.100 --> 30:09.100] Well, we can help. [30:09.100 --> 30:12.100] This is Eddie Craig from ruleoflawradio.com. [30:12.100 --> 30:15.100] Deborah Stevens, Randy Kelton, and I would like to invite you to attend our upcoming [30:15.100 --> 30:20.100] traffic law seminar on October 24th and 25th at Brave New Books located [30:20.100 --> 30:23.100] 1904 Guadalupe Street in Austin, Texas. [30:23.100 --> 30:27.100] The seminar will run both Saturday and Sunday from 11 a.m. to 8 p.m. [30:27.100 --> 30:31.100] We will teach you how to read, research, and understand the statute relating to [30:31.100 --> 30:35.100] driver's licenses, registration, and insurance, as well as seat belts and DUIs. [30:35.100 --> 30:39.100] You will learn how to exercise your right to liberty and travel in your automobile, [30:39.100 --> 30:41.100] and you will do it using the law. [30:41.100 --> 30:45.100] No magic beans, silver bullets, or obtuse legal mumbo jumbo. [30:45.100 --> 30:49.100] We will teach you the truth using existing case law and statutes [30:49.100 --> 30:51.100] alongside the Texas Constitution. [30:51.100 --> 30:55.100] So if you want to learn how to fight back and win, come see us at the seminar. [30:55.100 --> 30:59.100] Visit us at www.ruleoflawradio.com for more details. [30:59.100 --> 31:01.100] And we hope to see you there. [31:01.100 --> 31:27.100] MUSIC [31:27.100 --> 31:29.100] After all, that's all the police do. [31:29.100 --> 31:32.100] They don't have any authority to enforce state law. [31:32.100 --> 31:37.100] So whenever they make arrests, it amounts to nothing more than a citizen's arrest. [31:37.100 --> 31:40.100] Okay, so we are going to go now to your callers. [31:40.100 --> 31:45.100] There was a new caller on the board, an unscreened caller who dropped off. [31:45.100 --> 31:46.100] I'm sorry, caller. [31:46.100 --> 31:50.100] My call screener was a little late getting his thing up and running, [31:50.100 --> 31:52.100] but he's on the board now. [31:52.100 --> 31:56.100] So, caller, please call back in, and we'll take your call. [31:56.100 --> 32:00.100] But first we've got Keith from Texas. [32:00.100 --> 32:02.100] Keith, thanks for calling in. [32:02.100 --> 32:04.100] What's on your mind tonight? [32:04.100 --> 32:06.100] You've got a screener? [32:06.100 --> 32:09.100] I didn't know you had a screener. [32:09.100 --> 32:12.100] Well, like I said, he was a little late getting up tonight, [32:12.100 --> 32:15.100] so you may not have gotten screened, but go ahead. [32:15.100 --> 32:17.100] I got through. [32:17.100 --> 32:20.100] We need to attack all these court systems. [32:20.100 --> 32:25.100] I mean, they're corporate entities earning money on human bonds, [32:25.100 --> 32:31.100] and they educate people as a court of law and order. [32:31.100 --> 32:35.100] I mean, does anybody see a conflict of interest? [32:35.100 --> 32:38.100] I think Eddie wants to talk about that one. [32:38.100 --> 32:45.100] Yeah, there's a severe conflict of interest because everything that they do is paid for [32:45.100 --> 32:48.100] out of the money they're stealing from us, everything. [32:48.100 --> 32:53.100] The municipal court is run on the money that it collects and fines. [32:53.100 --> 32:58.100] The state gets a kickback on every insurance policy. [32:58.100 --> 33:01.100] The state collects the money on everything that you pay for a vehicle, [33:01.100 --> 33:03.100] even though you're not required to pay that. [33:03.100 --> 33:05.100] It doesn't apply to you. [33:05.100 --> 33:09.100] So, yeah, there's a definite problem with the money they're getting, [33:09.100 --> 33:16.100] how they're getting it, and they have become so accustomed to having their thumb in the pie [33:16.100 --> 33:22.100] that they actually find it offensive that you would ask them to remove it. [33:22.100 --> 33:26.100] Eddie, what can you say about human bonds, [33:26.100 --> 33:30.100] bonding on the inmates at the county jail or the city jail? [33:30.100 --> 33:33.100] Well, I can say that they do it. [33:33.100 --> 33:38.100] I can honestly tell you that in traffic court, the prosecuting attorney, [33:38.100 --> 33:42.100] since it's not the county attorney or the district attorney, they're hired attorneys. [33:42.100 --> 33:47.100] It works out so that if they lose the case, they get $350. [33:47.100 --> 33:51.100] If they win the case, they get around $3,500. [33:51.100 --> 33:55.100] Whose best interest is it to dispense justice? [33:55.100 --> 33:57.100] Absolutely no one's. [33:57.100 --> 34:00.100] It cuts into the profit margin. [34:00.100 --> 34:05.100] If they follow the law and they apply rules the way they're written, [34:05.100 --> 34:10.100] then they can't win, so they have to rig the table, so to speak. [34:10.100 --> 34:12.100] That's exactly why when you go to traffic court, [34:12.100 --> 34:18.100] one of the things they do is they absolutely refuse to let you argue anything [34:18.100 --> 34:21.100] except the point on which you're being charged. [34:21.100 --> 34:28.100] They don't allow you to introduce anything outside of did you do this or did you not, [34:28.100 --> 34:33.100] even though what you're trying to introduce shows that what they're attempting to say you did [34:33.100 --> 34:36.100] or didn't do never applied to you to begin with. [34:36.100 --> 34:37.100] It's a rigged system. [34:37.100 --> 34:40.100] There's no question. [34:40.100 --> 34:42.100] I confronted that today. [34:42.100 --> 34:48.100] The judge made me wait about two and a half hours, I guess, [34:48.100 --> 34:51.100] all these criminal complaints and everything are starting to get to her a little bit. [34:51.100 --> 34:54.100] I guess she knows about them, I don't know if she does or not. [34:54.100 --> 34:56.100] I hope she does. [34:56.100 --> 35:01.100] If you're out there, hi. [35:01.100 --> 35:04.100] What kind of complaints did you file and who specifically on? [35:04.100 --> 35:07.100] Complaints against her, against the prosecutor, against the- [35:07.100 --> 35:09.100] Charges of? [35:09.100 --> 35:12.100] Assistant District Attorney, official oppression, [35:12.100 --> 35:15.100] abuse of process. [35:15.100 --> 35:17.100] Good man. [35:17.100 --> 35:20.100] Criminal conspiracy. [35:20.100 --> 35:21.100] What else? [35:21.100 --> 35:23.100] A lot. [35:23.100 --> 35:26.100] Yeah, and I did that about two or three weeks ago. [35:26.100 --> 35:29.100] It's time for another round. [35:29.100 --> 35:34.100] I'm to the point now where I'm thinking because here's the setting. [35:34.100 --> 35:35.100] I walked up there. [35:35.100 --> 35:41.100] This is like Soviet Stalinist Russia. [35:41.100 --> 35:50.100] When I went through the whatever, jail, and Randy knows this. [35:50.100 --> 35:54.100] I don't know if Randy knows this or not, but the examining trial, [35:54.100 --> 35:56.100] there's not really an examining trial at all. [35:56.100 --> 35:59.100] It's not what it's supposed to be according to the Code of Criminal Procedure. [35:59.100 --> 36:01.100] Oh, no, they don't have one. [36:01.100 --> 36:05.100] If you try to say anything in your defense, you're just slapped down. [36:05.100 --> 36:06.100] You're beat down. [36:06.100 --> 36:08.100] Well, I didn't have one at all. [36:08.100 --> 36:14.100] Have you looked on my website and at the real habeas corpus? [36:14.100 --> 36:22.100] I have, and I've got to tell you, Randy, excellent, excellent document. [36:22.100 --> 36:28.100] I mean, you could be any more precise as to how it's supposed to be. [36:28.100 --> 36:32.100] If it was that way, then everybody would be happy, but I've got to tell you, [36:32.100 --> 36:35.100] I stood up there when she finally called me, and I told her, [36:35.100 --> 36:37.100] I said, what are you doing here? [36:37.100 --> 36:43.100] You people, there's nothing here that has anything to do with due process. [36:43.100 --> 36:46.100] I said, I checked my file again today. [36:46.100 --> 36:50.100] There's no verified affidavit to support the charging instrument. [36:50.100 --> 36:54.100] Whatever that is, you've got an energy of the charging instrument or an information, [36:54.100 --> 36:56.100] and I've got a bonding document. [36:56.100 --> 37:00.100] I said, under those circumstances, you have no subject matter jurisdiction. [37:00.100 --> 37:02.100] I want that on the record. [37:02.100 --> 37:04.100] And she said, oh, you're going to be an attorney. [37:04.100 --> 37:06.100] You've got to get an attorney. [37:06.100 --> 37:08.100] You know, just insanity. [37:08.100 --> 37:13.100] I mean, between that and between the lack of due process while I was over there [37:13.100 --> 37:18.100] and everything in between, I mean, it's obvious that they're tampering with the, [37:18.100 --> 37:21.100] you know, they're tampering with government records. [37:21.100 --> 37:23.100] There's no two ways about it. [37:23.100 --> 37:24.100] Yeah, key to date. [37:24.100 --> 37:26.100] This is far along. [37:26.100 --> 37:27.100] It's been a month now. [37:27.100 --> 37:30.100] Yeah, Keith, the reason that they want you to get an attorney [37:30.100 --> 37:34.100] is because your attorney would not raise these issues. [37:34.100 --> 37:39.100] Well, I spoke to someone today, and I told him point blank. [37:39.100 --> 37:42.100] I said, this is how it's going to be. [37:42.100 --> 37:45.100] I said, this is essentially a softball. [37:45.100 --> 37:50.100] I said, if we get the deputy on the stand, he's going to crack like a giant egg [37:50.100 --> 37:52.100] because he knows what he did. [37:52.100 --> 37:55.100] You know, he's not going to want to see me again. [37:55.100 --> 38:00.100] There's no way because I'm going to be fit to fight, you know. [38:00.100 --> 38:01.100] But that's the game. [38:01.100 --> 38:02.100] You're right. [38:02.100 --> 38:03.100] I mean, that's in a nutshell. [38:03.100 --> 38:05.100] They just want to draw you in. [38:05.100 --> 38:07.100] They don't want you to be pro se. [38:07.100 --> 38:09.100] Pro se is the last thing they want. [38:09.100 --> 38:12.100] Frankly, I thought seriously about it because I could pull it off. [38:12.100 --> 38:13.100] I'm a smart guy. [38:13.100 --> 38:16.100] You know, when I hang around you guys, I listen to you guys enough, [38:16.100 --> 38:19.100] I think I'll be all right, you know. [38:19.100 --> 38:21.100] That scares me. [38:21.100 --> 38:23.100] We can't take credit for that. [38:23.100 --> 38:25.100] I'm going to be calling you guys from Huntsville. [38:25.100 --> 38:28.100] Hey, can I come on the show? [38:28.100 --> 38:32.100] But no, I mean, I told him. [38:32.100 --> 38:36.100] I called him and I told him, you know, this is how it's going to be. [38:36.100 --> 38:38.100] I've gone this far. [38:38.100 --> 38:41.100] I've done a tremendous amount of documentation. [38:41.100 --> 38:44.100] And I'm going to tell you what, there's no time now for an about face. [38:44.100 --> 38:46.100] We either jump off the high dive or we're going home. [38:46.100 --> 38:48.100] You know, that's just the way it is. [38:48.100 --> 38:53.100] I mean, I would literally rather go to jail for a month, you know what I mean, [38:53.100 --> 38:55.100] than to just blow it off. [38:55.100 --> 38:59.100] I've never told her that much, but I'll tell you why it's crossed my mind, [38:59.100 --> 39:01.100] you know, to just tell her point blank. [39:01.100 --> 39:05.100] That's what I prefer to do because it breaks my heart to see what you're doing [39:05.100 --> 39:08.100] to people, that's what's happening to people in here. [39:08.100 --> 39:11.100] You know, you sit in here and they bring people in from the counties. [39:11.100 --> 39:14.100] They're wearing those orange jumpsuits and they're all shackled, you know. [39:14.100 --> 39:18.100] It just, it makes your heart break for humanity, you know. [39:18.100 --> 39:22.100] You're thinking, I wonder what these guys did that's so horrendous. [39:22.100 --> 39:26.100] And she's just passing out six months in a year like it's, you know, like a tank. [39:26.100 --> 39:30.100] You know, and just, and this tough friend, I know she's, you know, [39:30.100 --> 39:35.100] I know she's not, she's got to be somewhat of a soft-hearted woman. [39:35.100 --> 39:39.100] But she was previously a prosecutor. [39:39.100 --> 39:43.100] I don't know, apparently she was pretty good because she was elected, you know, [39:43.100 --> 39:46.100] she was elected county court of law. [39:46.100 --> 39:51.100] So, but yeah, I mean it's just, you know, it's sad. [39:51.100 --> 39:54.100] And I asked her and I thought, you know, I'm going to ask this because originally [39:54.100 --> 39:59.100] what I was going to ask her to do was to, you know, you, I want this, I want this, [39:59.100 --> 40:04.100] you know, dismissed for lack of subject matter jurisdiction. [40:04.100 --> 40:05.100] You just do not have it. [40:05.100 --> 40:07.100] This is a travesty. [40:07.100 --> 40:09.100] You know, but I thought, well, I'll get the attorney and I told him. [40:09.100 --> 40:11.100] I said, what we're going to do is, I said, this thing won't, [40:11.100 --> 40:14.100] there's no way he'll go to trial. [40:14.100 --> 40:18.100] There's absolutely no way. [40:18.100 --> 40:22.100] I think right now it's a huge civil lawsuit with all these people. [40:22.100 --> 40:23.100] And that's what I need to get busy on. [40:23.100 --> 40:29.100] I need to go ahead and work with him a little bit, if he's crappy or firing, you know. [40:29.100 --> 40:32.100] Let him know once you've hired him. [40:32.100 --> 40:33.100] I'm sorry? [40:33.100 --> 40:38.100] Once you've hired him, once he's on the payroll, you let him know. [40:38.100 --> 40:44.100] You fail to properly adjudicate one of my due process rights. [40:44.100 --> 40:47.100] I will file a bar grievance against you. [40:47.100 --> 40:50.100] If you then go to the judge and ask to be removed from the case, [40:50.100 --> 40:53.100] I'll file a bar grievance against you for that. [40:53.100 --> 40:54.100] All right. [40:54.100 --> 40:58.100] And if the judge removes you from the case, I'll sue the judge. [40:58.100 --> 40:59.100] That's right. [40:59.100 --> 41:01.100] It's not her domain. [41:01.100 --> 41:03.100] Well, it's something else, Randy. [41:03.100 --> 41:08.100] And there's not a lot of things that really took me off today, but sitting there didn't help me any. [41:08.100 --> 41:16.100] She completely, the motion to disqualify presiding judge apparently just went right out the other. [41:16.100 --> 41:22.100] I started to call the judicial commission today and give them a piece of my mind. [41:22.100 --> 41:26.100] And so you've got this judge and this is official oppression. [41:26.100 --> 41:28.100] This is a lot of things. [41:28.100 --> 41:37.100] She can't just, I've got more than cause and it more than fits the criteria of a rule of civil procedure, 18A, [41:37.100 --> 41:41.100] to file that and to have it effective. [41:41.100 --> 41:43.100] And for her to just do that. [41:43.100 --> 41:47.100] This is something absolutely forbidden. [41:47.100 --> 41:49.100] You don't do that here. [41:49.100 --> 41:50.100] I'm sorry. [41:50.100 --> 41:52.100] And she knows that. [41:52.100 --> 41:55.100] I want something strong and I want something effective. [41:55.100 --> 41:56.100] I want it now. [41:56.100 --> 41:58.100] Got a ball peen hammer? [41:58.100 --> 41:59.100] No. [41:59.100 --> 42:03.100] No, I'm not talking for long yet, Eddie, I'll tell you. [42:03.100 --> 42:09.100] Well, now here's the one thing about this, and I feel for you, I know, been there many times. [42:09.100 --> 42:20.100] But the problem is not anything that we have done wrong as far as presenting the material 90% of the time. [42:20.100 --> 42:31.100] Most of the issues that we bring up in court in defense of what we can and cannot do or they can and cannot do are absolutely correct. [42:31.100 --> 42:38.100] The problem we face is the fact that these people think they are entitled to be right, [42:38.100 --> 42:47.100] that they have the authority to say what we the people can and cannot do and we don't have any recourse otherwise. [42:47.100 --> 42:55.100] That is exactly why I say the only way that we're going to fix this is to take the snake and put a hoe to its head. [42:55.100 --> 42:58.100] We're not going to do it by attacking it from the tail. [42:58.100 --> 43:00.100] We're not going to do it by going to the middle. [43:00.100 --> 43:05.100] The dangerous end is what we've got to deal with, and we've got to do it quick or risk getting bit. [43:05.100 --> 43:06.100] That's right. [43:06.100 --> 43:10.100] We have all sat there and we have fought these battles on an individual front. [43:10.100 --> 43:14.100] And it's just like the old Chinese proverb with the bundle of sticks. [43:14.100 --> 43:19.100] If you take them one at a time, you can break them all and you have no trouble. [43:19.100 --> 43:24.100] But when you tie those sticks in a bundle, you're not going to break them all together. [43:24.100 --> 43:32.100] And that's where the people of this state needs to get off of their behinds and stand together to put an end to this. [43:32.100 --> 43:33.100] All right, listen. [43:33.100 --> 43:34.100] We're going to break. [43:34.100 --> 43:36.100] Keith, do you have anything else for us? [43:36.100 --> 43:37.100] No, I think that you can. [43:37.100 --> 43:38.100] Excuse me. [43:38.100 --> 43:39.100] I have something else. [43:39.100 --> 43:40.100] Okay. [43:40.100 --> 43:41.100] All right, great. [43:41.100 --> 43:47.100] And we have Brian from Pennsylvania up next as soon as we get back on the other side. [43:47.100 --> 43:52.100] Callers, if you'd like to call in, 512-646-1984. [43:52.100 --> 43:53.100] We'll be right back. [43:53.100 --> 43:54.100] This is the rule of law. [43:54.100 --> 43:56.100] Randy Kelton, Eddie Craig, Deborah Stevens. [43:56.100 --> 44:00.100] We'll be right back. [44:00.100 --> 44:03.100] A special roast hemp coffee from HempUSA.org. [44:03.100 --> 44:07.100] Our coffee grows in the dense volcanic rich soil, herbicide and pesticide free, [44:07.100 --> 44:13.100] and in the high altitudes of Guatemala in conditions that are ideal for natural growth of this high quality coffee. [44:13.100 --> 44:18.100] Try our mellow cup of coffee that is ground and roasted with 25% hemp seed from Canada. [44:18.100 --> 44:22.100] With a wonderful nutty flavor that contains 18% protein, [44:22.100 --> 44:27.100] our roasters bring a unique flavor that makes this the best cup of coffee you'll ever have. [44:27.100 --> 44:33.100] Try our new special roast hemp coffee from HempUSA.org and wake up your brain without the jitters. [44:33.100 --> 44:37.100] Our customers look forward to their next cup of hemp coffee. [44:37.100 --> 44:43.100] Visit us at HempUSA.org or call 908-691-2608. [44:43.100 --> 44:47.100] That's 908-691-2608. [44:47.100 --> 44:50.100] And see if you'll change your mind about drinking coffee again. [44:50.100 --> 45:07.100] Taste the difference, feel the difference at HempUSA.org today. [45:07.100 --> 45:20.100] If you did not have any problems, where are you going to look for one? If you could not wait anybody too long, would your purpose be done? [45:20.100 --> 45:37.100] Such a gentleman, a soldier, a warrior of love, scuffling and keeping his heat. All day and in a misunderstanding, somebody calls the police. [45:37.100 --> 45:56.100] Watching the sparks fly. [45:56.100 --> 46:00.100] Okay, watching the sparks fly here on the Rule of Law. [46:00.100 --> 46:04.100] Okay, we've got another caller on the line. We've got Brian from Pennsylvania. [46:04.100 --> 46:07.100] Hey, Brian, thanks for calling in. What's on your mind tonight? [46:07.100 --> 46:11.100] Hi, neighbors. A few things. Can you hear me all right? [46:11.100 --> 46:12.100] Oh, yeah. [46:12.100 --> 46:17.100] All right. The last caller was kind of quiet and I know I can be too on this phone. [46:17.100 --> 46:21.100] All right. Well, I haven't called in a little while. [46:21.100 --> 46:28.100] And maybe one of the last times that I did call I had to ask Randy a question because I don't think you were around, Deborah. [46:28.100 --> 46:39.100] But I was asking if you thought there would be any detriment to me having some fun with a court filing, which I did. [46:39.100 --> 46:41.100] And I was thinking... [46:41.100 --> 46:45.100] Did you have fun or did you have detriment? [46:45.100 --> 46:55.100] Did have fun. And there's no perceivable detriment because there's been no response. I've only preserved and got none. [46:55.100 --> 46:57.100] Good. [46:57.100 --> 46:59.100] So I was hoping I could read it off. [46:59.100 --> 47:00.100] Yes. [47:00.100 --> 47:02.100] Well, and first maybe a little background. [47:02.100 --> 47:12.100] If you recall me calling back a while ago, I had an action filed against me to which I had default judgment on my behalf because the other party never showed up to court. [47:12.100 --> 47:19.100] So then they went and filed an appeal, and this is my first response to their appeal. [47:19.100 --> 47:28.100] Because on the papers that I received for their appeal, there was a section that pretty much standard that it needed to be filled out [47:28.100 --> 47:32.100] or it needed to have been addressing me if I even had to respond. [47:32.100 --> 47:36.100] And being that that section was left blank, I just didn't respond. [47:36.100 --> 47:40.100] And I said, okay, well, they filed an appeal, but good for them they filed an appeal. [47:40.100 --> 47:47.100] Well, eventually a few weeks after that they sent me an important notice that said, you know, you have been sued in court. [47:47.100 --> 47:50.100] You should take this paper to an attorney immediately. [47:50.100 --> 47:58.100] So I made their important notice look just like mine, or I should say I made mine look just like theirs. [47:58.100 --> 48:06.100] And so, you know, I've got the typical court header up top and in bold space print there's important notice. [48:06.100 --> 48:07.100] All right. [48:07.100 --> 48:08.100] You guys ready? [48:08.100 --> 48:09.100] Yes. [48:09.100 --> 48:10.100] All right. [48:10.100 --> 48:17.100] So I put important notice in all casts, you are deficient because you have failed to state claim or cause of action to which defenses [48:17.100 --> 48:19.100] or objections can be raised. [48:19.100 --> 48:22.100] You should take this paper to a competent colleague at once. [48:22.100 --> 48:23.100] All right. [48:23.100 --> 48:26.100] So now I go into regular upper and lower case. [48:26.100 --> 48:34.100] The record will show default judgment entered against Discover Bank on July 23rd, 2009 when you failed to have common decency to be present [48:34.100 --> 48:35.100] before court. [48:35.100 --> 48:43.100] Respond with grounds for appeal, respond with stated cause of action, respond with strict proof of standing in this jurisdiction, [48:43.100 --> 48:47.100] respond with strict proof of damages through a competent fact witness, [48:47.100 --> 48:53.100] respond with strict proof of being holder in due course to any commercial paper you believe in default, [48:53.100 --> 48:59.100] respond with strict proof that Discover Bank authorizes its action regarding alleged debt that is not transferable, [48:59.100 --> 49:07.100] respond adequately in a timely manner so result can be obtained or continue your shameful and loathsome charade so defendant may strive harder [49:07.100 --> 49:16.100] and learn more along the way to surmounting alleged plaintiff's action, sincerely a name and then my certificate of service. [49:16.100 --> 49:23.100] Now, that's the way a pro se document should be written. [49:23.100 --> 49:25.100] That's what I'll pay attention to. [49:25.100 --> 49:26.100] But it wasn't a motion. [49:26.100 --> 49:27.100] Nice job. [49:27.100 --> 49:28.100] Thanks. [49:28.100 --> 49:29.100] But it wasn't a motion. [49:29.100 --> 49:33.100] So, you know, I might not be working totally in my favor. [49:33.100 --> 49:34.100] But you know what? [49:34.100 --> 49:38.100] That was so incredibly stressful leaving. [49:38.100 --> 49:46.100] And I had such joy and satisfaction through that writing and, you know, handed it over in court or, you know, in the cemetery. [49:46.100 --> 49:50.100] That, boy, is so well worth it to me. [49:50.100 --> 49:58.100] It's interesting to hear you say that because just the other day I was talking to Keith, a previous caller, [49:58.100 --> 50:09.100] and he expressed the same sentiment that this gave him such a feeling of control that he didn't have before, [50:09.100 --> 50:15.100] that all the trouble that he's gone to is absolutely worth it. [50:15.100 --> 50:22.100] So what do you think? That was September 15th. [50:22.100 --> 50:24.100] And they haven't responded. [50:24.100 --> 50:25.100] No. [50:25.100 --> 50:30.100] I think someone was embarrassed. [50:30.100 --> 50:33.100] And they're afraid to open their mouth to be made. [50:33.100 --> 50:36.100] These are all corporate attorneys. [50:36.100 --> 50:43.100] And if, you know, generally the ones who get the credit card stuff are the new entries. [50:43.100 --> 50:52.100] So I suspect they may be getting somebody crawling down their throat. [50:52.100 --> 50:57.100] Well, I kind of wonder because it's been a little time now. [50:57.100 --> 51:03.100] And I would think that if they really had to say anything for themselves, there would have been some type of response. [51:03.100 --> 51:11.100] I'm just wondering if you would have a suggestion on any formal action I would maybe want to take to make it have some closure. [51:11.100 --> 51:18.100] Do you have an order from the court dismissing the prosecution? [51:18.100 --> 51:19.100] The appeal? [51:19.100 --> 51:28.100] No. Do you have an order from the court in the matter of the summary judgment? [51:28.100 --> 51:31.100] In the lower court. I was in the inferior court. [51:31.100 --> 51:32.100] Okay. [51:32.100 --> 51:34.100] Appeal is in the court of comments, please. [51:34.100 --> 51:39.100] I don't think they have standing to appeal. [51:39.100 --> 51:43.100] Okay. When they appeal, they have to appeal on point of error. [51:43.100 --> 51:45.100] Did they raise a point of error? [51:45.100 --> 51:47.100] No. [51:47.100 --> 51:48.100] That's not an appeal. [51:48.100 --> 52:02.100] You need to file into the court a motion to quash their appeal for failing to state an error of per se. [52:02.100 --> 52:03.100] What would be the words? [52:03.100 --> 52:05.100] A cause of action for appeal. [52:05.100 --> 52:10.100] They fail to bring an issue before the court that the court can rule on. [52:10.100 --> 52:21.100] It's not the fail to raise an issue which remedy can be had, but they fail to bring an issue before the court. [52:21.100 --> 52:23.100] There's nothing for the court to rule on. [52:23.100 --> 52:27.100] I'm trying to think of an elegant way of saying that. [52:27.100 --> 52:28.100] Right. [52:28.100 --> 52:35.100] But the only thing the court can rule on is point of law, error on point of law, and no error was raised. [52:35.100 --> 52:43.100] So move to quash the appeal and dismiss the prosecution with prejudice. [52:43.100 --> 52:44.100] Right. [52:44.100 --> 52:48.100] I don't know if you need to do that. You already got it essentially dismissed. [52:48.100 --> 52:49.100] More or less. [52:49.100 --> 52:57.100] If they haven't responded in this time, well, your letter didn't call for a response, so they didn't need to. [52:57.100 --> 52:59.100] If that's what they did, the appeals court's going to get this. [52:59.100 --> 53:00.100] I did it. [53:00.100 --> 53:05.100] They responded in a timely manner so we could have a result. [53:05.100 --> 53:09.100] The problem with the appeals court is they take as long as they want to. [53:09.100 --> 53:10.100] Right. [53:10.100 --> 53:16.100] Well, whatever the case, it was a lot of fun, and I figured I'd fill you guys in because I thought you might appreciate that. [53:16.100 --> 53:17.100] Wonderful. [53:17.100 --> 53:31.100] You're likely to hear from the court in about 90 days or so, and they're going to tell these guys that their appeal is denied because they didn't give the court anything to rule on. [53:31.100 --> 53:56.100] Hey, I've got something else that I just got in the mail tonight from Commonwealth of Pennsylvania Department of Transportation telling me that under a new recently enacted federal legislation that they must comply, they say, being that New Jersey, which is news to me, [53:56.100 --> 54:11.100] New Jersey has allegedly suspended my driving privilege, and because of that, Pennsylvania now will not renew my driver's license or, you know, my driving privilege next April when it comes due. [54:11.100 --> 54:22.100] So besides the whole issue of, you know, the limits of federal jurisdiction, I wonder if you've got some suggestions here. [54:22.100 --> 54:39.100] I think this goes to an issue when they put in the CDL, it went to state reciprocity, where all of the states agreed to honor the licenses from other states on this issue. [54:39.100 --> 54:51.100] I had a, one of my customers was a traffic manager for Hager Slacks, Robin Robinson, and he was trying to get the CDL put in place. [54:51.100 --> 55:10.100] The reason he was trying to do that is his boss required that he hire safe drivers, but he couldn't because a driver could get a hundred tickets all over the United States, and he couldn't find out about it. [55:10.100 --> 55:32.100] And he was pushing for the CDL, and they also, when they enacted the CDL legislation, all of the states agreed or put in their state law statute that allowed them to revoke the license of someone who refused to renew a license that had been revoked in another state. [55:32.100 --> 55:37.100] So your issue is likely to come back to state. This is not something feds could do. [55:37.100 --> 55:45.100] Well, if it is, that's not anything they're talking about now. They continue to, in this paper, reference this legislation. [55:45.100 --> 55:56.100] Well, then you need to raise the issue that this is not a diversity issue, and the feds have no such amount of jurisdiction. [55:56.100 --> 56:13.100] Right, and I'm thinking that I could send back writing and letting Janet Nolan know that she simply doesn't have to oblige this legislation, and all it's going to do is impair my rights, and there's no safety found. [56:13.100 --> 56:21.100] Let her know that she doesn't have authority. Janet Nolan, who is she? [56:21.100 --> 56:26.100] She is the Bureau of Driver Licensing Director that has her electronic signature on it. [56:26.100 --> 56:27.100] Pennsylvania? [56:27.100 --> 56:28.100] Yep. [56:28.100 --> 56:36.100] And she's a state official, and she doesn't have authority to enforce that if they want somebody to enforce it, get the feds to come and try to do it. [56:36.100 --> 56:40.100] And then we argue whether they have such a diversity jurisdiction or not. [56:40.100 --> 56:54.100] Yeah, well, we've already settled that issue here in Texas, or not in Texas, but Prince v. United States, when the federal government tried to co-op the local sheriffs to enforce federal statutes within the states, [56:54.100 --> 57:05.100] Prince sued and won. He's a sheriff that said, no, I don't have to enforce and will not enforce federal laws within my states. You cannot co-op my department and make us work for you. [57:05.100 --> 57:15.100] Well, the same thing is going to be true of the Department of Transportation head. They can't be co-opted by the federal government in order to enforce federal statute. [57:15.100 --> 57:19.100] And that's a Supreme Court decision, so it's nationwide. [57:19.100 --> 57:26.100] Email me, Brian, and I'll get it to Eddie, and he can send you that citation. [57:26.100 --> 57:35.100] Yeah, you're right, Eddie. The Sheriff Mac case was the first thing I thought of when I got this paper in my hands tonight, or Mac print, yeah. [57:35.100 --> 57:37.100] Yeah. [57:37.100 --> 57:52.100] So I don't know. I think that I would like to go on that. You know, I have six months, so I can have some fun with this for now, you know, before I really take the decision of, all right, well, am I going to just, you know, exercise my right, [57:52.100 --> 58:03.100] or am I going to, you know, practice my privilege, which I don't know that I'm really that willing to go to bat for every day. [58:03.100 --> 58:12.100] Actually, get the license and then sue for them forcing you to do it. [58:12.100 --> 58:15.100] Let me get going. Hey, great listening to you guys. [58:15.100 --> 58:16.100] All right, thanks, Brian. [58:16.100 --> 58:17.100] Bye now. [58:17.100 --> 58:27.100] We're at the top of the hour. We've got John from Florida coming up next. We've got another caller from Austin who's just called in. We'll be taking your calls on the other side. [58:27.100 --> 58:32.100] Callers, if you'd like to call in 512-646-1984. [58:32.100 --> 59:01.100] This is the rule of law. [59:01.100 --> 59:05.100] Hi, this is Norman Horn from the UT Austin Libertarian Longhorns. [59:05.100 --> 59:14.100] And I want to invite you to the Students for Liberty Texas Conference on October 24th, 2009, located at the Thompson Conference Center on the UT campus. [59:14.100 --> 59:19.100] We have a great lineup of speakers coming to teach you about the fundamentals of a free society. [59:19.100 --> 59:27.100] Speakers include Vice President of the Cato Institute, Gene Healy as the keynote, renowned author and activist, Mary Brewer, and many more. [59:27.100 --> 59:33.100] To top it off, policy groups from all over Texas will be present for a roundtable discussion about local activism. [59:33.100 --> 59:40.100] Registration is just $10, plus an optional fee for lunch and dinner. For students, it's absolutely free. [59:40.100 --> 59:49.100] But registration is required, so go to our website at www.libertarianlonghorns.com for more information about how to sign up. [59:49.100 --> 59:53.100] That's www.libertarianlonghorns.com. [59:53.100 --> 59:58.100] Support peace and freedom and come to the Students for Liberty Texas Conference 2009. [59:58.100 --> 01:00:05.100] I'll see you there. [01:00:05.100 --> 01:00:15.100] According to officials, a growing number of disillusioned young men from Western nations are flocking to Pakistan and Afghanistan to attend terrorist training camps. [01:00:15.100 --> 01:00:25.100] The White House says Barack Obama is delaying his decision on a troop escalation to Afghanistan until the uncertainty surrounding August's fraudulent election is resolved. [01:00:25.100 --> 01:00:35.100] Western officials are pressing President Hamid Karzai to accept an election runoff or share power with opposition candidate Abdullah Abdullah. [01:00:35.100 --> 01:00:46.100] General Charles Wald, former head of Air Force Strategic Planning, said Sunday Israel might open fire on Iran first and that the U.S. would be wise to join in. [01:00:46.100 --> 01:00:58.100] The federal government is facing a lawsuit over billions in unclaimed bonds dating back to World War II from six states that say they should get the money. [01:00:58.100 --> 01:01:05.100] World War II sparked an unprecedented bond buying campaign involving celebrities and politicians. [01:01:05.100 --> 01:01:10.100] Most American families bought at least one bond and many never cashed them in. [01:01:10.100 --> 01:01:18.100] More than $16 billion worth of bonds are unclaimed, either lost or forgotten about with the death of the original purchasers. [01:01:18.100 --> 01:01:25.100] The state attorneys general suing the Treasury charged the federal government made no effort to find these people. [01:01:25.100 --> 01:01:31.100] They want the money given to the states which have a system in place for finding owners of unclaimed funds. [01:01:31.100 --> 01:01:42.100] The Treasury counters that people can simply type in their Social Security number on the Treasury website to find their outstanding bond. [01:01:42.100 --> 01:01:53.100] A federal court Friday upheld the Obama administration's decision to censor statements by Guantanamo detainees about their treatment at CIA-run prisons. [01:01:53.100 --> 01:02:04.100] The American Civil Liberties Union argued the government should declassify redacted information contained in statements detainees made before tribunals at Guantanamo. [01:02:04.100 --> 01:02:13.100] But Judge Royce Lamberth of the U.S. District Court declined the ACLU's request made under the Freedom of Information Act. [01:02:13.100 --> 01:02:26.100] ACLU attorney Ben Wisner said the court's ruling allows the government to continue suppressing these first-hand accounts of torture, not to protect any legitimate national security interest, [01:02:26.100 --> 01:02:37.100] but to protect current and former government officials from accountability, adding the CIA continues to censor the most important eyewitnesses, the torture victims themselves. [01:02:37.100 --> 01:02:46.100] Wisner said transcripts of testimony provided by detainees, including the self-described mastermind of 9-11 Khalid Sheikh Mohammed, [01:02:46.100 --> 01:03:13.100] would provide critical information about the CIA's torture program the ACLU plans to appeal. [01:03:46.100 --> 01:04:08.100] Okay, we are back. The rule of law. [01:04:08.100 --> 01:04:13.100] All right, we are going to your calls now. We've got John from Florida. [01:04:13.100 --> 01:04:17.100] John, thanks for calling in. What's on your mind tonight? [01:04:17.100 --> 01:04:22.100] Hi, I'm just a return call. I was on the phone with you guys on Friday's call. [01:04:22.100 --> 01:04:36.100] And I spoke with Eddie on a couple of calls over the past few months regarding two traffic citations I received, expired registration and speeding. [01:04:36.100 --> 01:04:37.100] Hold on a second. [01:04:37.100 --> 01:04:41.100] Yeah, we got something going on here. [01:04:41.100 --> 01:04:44.100] Randy, are you there? [01:04:44.100 --> 01:04:45.100] Yes. [01:04:45.100 --> 01:04:47.100] Okay. Is that on your end? [01:04:47.100 --> 01:04:48.100] Sorry, I thought I was muted. [01:04:48.100 --> 01:04:50.100] Is that on your end? [01:04:50.100 --> 01:04:51.100] Probably is. [01:04:51.100 --> 01:04:54.100] Okay. [01:04:54.100 --> 01:04:55.100] Okay. [01:04:55.100 --> 01:04:55.100] All right. [01:04:55.100 --> 01:04:56.100] I don't know what's going on. [01:04:56.100 --> 01:05:00.100] I don't know about probably. If he's missing that on his end, I have to go probably. [01:05:00.100 --> 01:05:02.100] I know. Okay. [01:05:02.100 --> 01:05:05.100] All right, go ahead. Sorry. [01:05:05.100 --> 01:05:13.100] So I have two citations, one for registration and the second one was for speeding. [01:05:13.100 --> 01:05:23.100] Now, on your recommendation, Eddie, in terms of looking into exactly the charges, the statutes, I looked those up and I have those. [01:05:23.100 --> 01:05:31.100] And it was basically breaking it down and understanding each element of the crime I'm being accused of. [01:05:31.100 --> 01:05:42.100] So in terms of both the speeding and the citation, it comes down to the definitions of operation, motor vehicle, and then of course for the speed. [01:05:42.100 --> 01:05:43.100] I'm sorry? [01:05:43.100 --> 01:05:44.100] What state are you in? [01:05:44.100 --> 01:05:46.100] I'm sorry, Florida. [01:05:46.100 --> 01:05:47.100] You're in Florida? [01:05:47.100 --> 01:05:48.100] Yes. [01:05:48.100 --> 01:05:51.100] Okay. [01:05:51.100 --> 01:05:53.100] All right, go ahead. [01:05:53.100 --> 01:05:55.100] I'm going to cut you off, go ahead. [01:05:55.100 --> 01:06:04.100] No, no, go ahead. I'm listening. I'm going to look it up on the Web site and then get you to give me the citations as to exactly what statute. [01:06:04.100 --> 01:06:05.100] Okay. [01:06:05.100 --> 01:06:14.100] I mean, I've got them right in front of me in terms of the statutes, both the speeding and the expired registration. [01:06:14.100 --> 01:06:23.100] I mean, they were printed on the ticket and then I've looked them up and I've got the exact wording of the definitions or the statutes as I've been charged with. [01:06:23.100 --> 01:06:31.100] But if you'd like to pull those up, I can give you the statute number if you like. [01:06:31.100 --> 01:06:36.100] I think what he may be more interested in is how they get to the statutes. [01:06:36.100 --> 01:06:42.100] If they're similar to every other state, they're going to have this commercial private issue. [01:06:42.100 --> 01:06:43.100] Right. [01:06:43.100 --> 01:06:53.100] And it's been my experience when you go to the merits, 99% of the time you're going to lose no matter what. [01:06:53.100 --> 01:06:55.100] Right. [01:06:55.100 --> 01:07:09.100] If you can get to them before they get to the merits, like the procedure, the law that makes you subject to the code that they're attempting to express. [01:07:09.100 --> 01:07:11.100] Okay. [01:07:11.100 --> 01:07:23.100] We're putting together a seminar here in Texas and one of the things we're dealing with is that the statutes clearly apply to commercial drivers. [01:07:23.100 --> 01:07:24.100] Right. [01:07:24.100 --> 01:07:39.100] Even if the person has a commercial driver's license, if at the moment he is not engaged in commerce, then he's not using that commercial driver's license and the statutes don't apply. [01:07:39.100 --> 01:07:49.100] And if the statutes don't apply, neither the judge, prosecutor, or officer have subject matter jurisdiction. [01:07:49.100 --> 01:07:56.100] No subject matter jurisdiction, no immunity from personal lawsuit. [01:07:56.100 --> 01:08:05.100] Yeah, plus we've got the added bonus here in Texas in that the administrative code spells out the fact that they don't have jurisdiction 90% of the time anyway [01:08:05.100 --> 01:08:11.100] because it limits specifically what they can touch and wear. [01:08:11.100 --> 01:08:13.100] And it ain't me. [01:08:13.100 --> 01:08:27.100] So the point is get the code, get the administrative, whatever code empowers the police to enforce these statutes, the transportation code, and read the code. [01:08:27.100 --> 01:08:29.100] It's not that much. [01:08:29.100 --> 01:08:31.100] It's generally the first couple chapters at the beginning. [01:08:31.100 --> 01:08:33.100] Read them a couple of times. [01:08:33.100 --> 01:08:36.100] Give me a section that we're looking at here. [01:08:36.100 --> 01:08:39.100] Give me the one for speeding, for instance. [01:08:39.100 --> 01:08:47.100] Okay, when you say give you a section, do you want me to read off exactly the statute or do you want me to give you the number? [01:08:47.100 --> 01:08:49.100] I want the number. [01:08:49.100 --> 01:08:53.100] Okay, 316.187. [01:08:53.100 --> 01:08:56.100] 316.187. [01:08:56.100 --> 01:08:58.100] Yes. [01:08:58.100 --> 01:09:02.100] 316.187. [01:09:02.100 --> 01:09:05.100] Okay. [01:09:05.100 --> 01:09:06.100] Great. [01:09:06.100 --> 01:09:09.100] They only got 300 hits. [01:09:09.100 --> 01:09:15.100] Okay. [01:09:15.100 --> 01:09:17.100] Establishment of speed zones. [01:09:17.100 --> 01:09:20.100] Now, this is for the establishment. [01:09:20.100 --> 01:09:21.100] Right. [01:09:21.100 --> 01:09:25.100] Okay. [01:09:25.100 --> 01:09:27.100] Speed greater or less than reasonable. [01:09:27.100 --> 01:09:30.100] Okay, first thing is did you have an accident? [01:09:30.100 --> 01:09:31.100] No. [01:09:31.100 --> 01:09:32.100] Did you cause an accident? [01:09:32.100 --> 01:09:33.100] No. [01:09:33.100 --> 01:09:36.100] Did you in any way impede the movement of traffic? [01:09:36.100 --> 01:09:37.100] No. [01:09:37.100 --> 01:09:42.100] Well, guess what this section says without actually saying it. [01:09:42.100 --> 01:09:46.100] Because I have to do one of those things in order to be a problem. [01:09:46.100 --> 01:09:54.100] That any speed is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place [01:09:54.100 --> 01:10:00.100] or upon any part of a highway outside of a municipality or upon any state roads, connecting links, blah, blah, blah. [01:10:00.100 --> 01:10:03.100] This is a prima facie speed limit. [01:10:03.100 --> 01:10:04.100] Okay. [01:10:04.100 --> 01:10:16.100] First off, they have to show in the charge and in the court that you were at a speed that is greater or less than is reasonable or safe. [01:10:16.100 --> 01:10:29.100] By showing that you caused no accident, you caused no harm, or that they forgot to specify that in the charge is grounds for dismissal of that charge. [01:10:29.100 --> 01:10:38.100] Because obviously you weren't traveling at an unsafe speed or an unreasonable speed because there was no harmful result. [01:10:38.100 --> 01:10:53.100] And if they don't make any allegation that you were traveling at a speed that was not reasonable or unsafe, then they haven't made a charge according to the merits of the law. [01:10:53.100 --> 01:10:54.100] Okay. [01:10:54.100 --> 01:10:57.100] What's the other section? [01:10:57.100 --> 01:11:00.100] Would you want me to expire registration? [01:11:00.100 --> 01:11:02.100] Yeah, just like the number you just gave me. [01:11:02.100 --> 01:11:04.100] What's the number associated with it? [01:11:04.100 --> 01:11:07.100] 320.07. [01:11:07.100 --> 01:11:10.100] 320.07? [01:11:10.100 --> 01:11:14.100] Yeah. [01:11:14.100 --> 01:11:15.100] Let's see. [01:11:15.100 --> 01:11:20.100] The registration of a motor vehicle or mobile home. [01:11:20.100 --> 01:11:21.100] Okay. [01:11:21.100 --> 01:11:26.100] First off, did you find the definition of motor vehicle? [01:11:26.100 --> 01:11:27.100] Now, I've looked. [01:11:27.100 --> 01:11:35.100] Let me see and I'll tell you if I have that here because I've looked in several places and I could not find specifically motor vehicle. [01:11:35.100 --> 01:11:38.100] I think I found vehicle. [01:11:38.100 --> 01:11:40.100] What's the definition of vehicle? [01:11:40.100 --> 01:11:47.100] Because here it says a vehicle shall not be operated on the roads, not a motor vehicle, but a vehicle. [01:11:47.100 --> 01:12:00.100] So what's the definition of vehicle and is it from this chapter or another chapter? [01:12:00.100 --> 01:12:19.100] I'm trying to get down to the definitions that I've found regarding this so that I can answer your question. [01:12:19.100 --> 01:12:20.100] Okay. [01:12:20.100 --> 01:12:21.100] Sorry. [01:12:21.100 --> 01:12:24.100] I'm trying to pull up these because I have the definitions all pulled aside. [01:12:24.100 --> 01:12:30.100] Cut and paste into a Word document and I'm not able to get them right. [01:12:30.100 --> 01:12:31.100] I don't know where I put them. [01:12:31.100 --> 01:12:38.100] I can't find the file. [01:12:38.100 --> 01:12:42.100] Like I said, the definitions are important. [01:12:42.100 --> 01:12:55.100] Now, here's one that I found for you, which is in Chapter 322.01, dealing with driver's licenses. [01:12:55.100 --> 01:13:06.100] It may be different under registration, but vehicle means every device in upon or by which any person or property is or may be transported or drawn. [01:13:06.100 --> 01:13:08.100] It's a transportation statute. [01:13:08.100 --> 01:13:12.100] If it's being used in commerce, that's what transported means. [01:13:12.100 --> 01:13:24.100] Drawn simply means towed, in other words, a trailer or some other type of vehicle being drawn by the power of another. [01:13:24.100 --> 01:13:38.100] Now, in this, motor vehicle means any self-propelled vehicle, including a motor vehicle combination not operated upon rails or guideway, excluding vehicles moved solely by human power, blah, blah, blah. [01:13:38.100 --> 01:13:42.100] So motor vehicle in this chapter is a compound definition just like it is here in Texas. [01:13:42.100 --> 01:13:46.100] It relies upon the definition of vehicle to make its own. [01:13:46.100 --> 01:13:52.100] And the definition of vehicle contains the term transported, passengers, or property. [01:13:52.100 --> 01:13:59.100] A passenger is someone paying for transportation from point A to point B. [01:13:59.100 --> 01:14:00.100] Okay? [01:14:00.100 --> 01:14:08.100] And if it's property, then transported means for hire. [01:14:08.100 --> 01:14:13.100] Okay. [01:14:13.100 --> 01:14:18.100] Now, again, this is the definition for those two terms under the section for driver's license. [01:14:18.100 --> 01:14:23.100] You can find it specifically under registration if there is one. [01:14:23.100 --> 01:14:24.100] Okay. [01:14:24.100 --> 01:14:29.100] And if there's not, where would I back that up to to find it? [01:14:29.100 --> 01:14:36.100] Then what you can do in that case is you can rely on similar definitions in other parts of the same code. [01:14:36.100 --> 01:14:47.100] Don't go jumping outside the code unless there is an overall code that says the default definition is like it does here in Texas for the term person. [01:14:47.100 --> 01:14:53.100] The Co-Construction Act here in Texas says that the default definition of person is this, [01:14:53.100 --> 01:15:05.100] if there's no section that has a different definition that specifically excludes the definition in Chapter 311. [01:15:05.100 --> 01:15:06.100] Okay. [01:15:06.100 --> 01:15:08.100] So I have my definitions. [01:15:08.100 --> 01:15:09.100] I get those. [01:15:09.100 --> 01:15:18.100] I've never done this, right, so these guys, they frame me up to the stand and they tell me, you've been charged with such and such, [01:15:18.100 --> 01:15:23.100] and they're going to read off what I've been charged with, and then they're going to say, just tell me what is your defense? [01:15:23.100 --> 01:15:28.100] How does this begin and where do I start in terms of my line of... [01:15:28.100 --> 01:15:29.100] Okay. [01:15:29.100 --> 01:15:31.100] You're taking the wrong approach for one thing. [01:15:31.100 --> 01:15:36.100] The first thing is you don't care what they're accusing you of. [01:15:36.100 --> 01:15:41.100] You only care about what they can prove about what they're accusing you of. [01:15:41.100 --> 01:15:42.100] Okay. [01:15:42.100 --> 01:15:52.100] That's the first thing, and in order to do that, they have to prove that one, you are a person as that term is defined within these statutes, [01:15:52.100 --> 01:15:54.100] and you make them do that. [01:15:54.100 --> 01:16:03.100] Write an affidavit, get it notarized stating that I am not a person under the definition of blah, blah, blah in this code. [01:16:03.100 --> 01:16:10.100] I was not operating a motor vehicle as those terms are defined within this code. [01:16:10.100 --> 01:16:20.100] I was not transporting passengers or property as defined within the terminology of this code, blah, blah, blah. [01:16:20.100 --> 01:16:31.100] And I hereby deny any and all assertions by the state that I was engaged or performing any of these acts as these terms are defined. [01:16:31.100 --> 01:16:38.100] Then you get them in court and make them define them, and they'll blow their own case. [01:16:38.100 --> 01:16:40.100] Okay. [01:16:40.100 --> 01:16:42.100] Okay, listen, we're coming up on a break. [01:16:42.100 --> 01:16:45.100] John, did we about answer your question? [01:16:45.100 --> 01:16:47.100] We've got a full-caller board here. [01:16:47.100 --> 01:16:54.100] Yeah, I just, you know, we just really want the three points, four points, three, then all the affidavits in terms of... [01:16:54.100 --> 01:16:56.100] Okay, listen, we've got to go to break. [01:16:56.100 --> 01:16:57.100] We'll be right back. [01:16:57.100 --> 01:17:00.100] Just hang on, John. [01:17:00.100 --> 01:17:04.100] You feel tired when talking about important topics like money and politics? [01:17:04.100 --> 01:17:07.100] Are you confused by words like the Constitution or the Federal Reserve? [01:17:07.100 --> 01:17:08.100] What? [01:17:08.100 --> 01:17:12.100] If so, you may be diagnosed with the deadliest disease known today, stupidity. [01:17:12.100 --> 01:17:19.100] Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity at an early age. [01:17:19.100 --> 01:17:25.100] I had no idea that the number one cause of the disease is found in almost every home in America, the television. [01:17:25.100 --> 01:17:30.100] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope. [01:17:30.100 --> 01:17:36.100] The staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombieism recover. [01:17:36.100 --> 01:17:43.100] And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested. [01:17:43.100 --> 01:17:54.100] So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them in 1904Guadalupe or bravenewbookstore.com. [01:17:54.100 --> 01:18:00.100] Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning. [01:18:24.100 --> 01:18:40.100] Okay, I'm going to pull us through the same old tricks again. [01:18:40.100 --> 01:18:43.100] All right, we're talking with John in Florida. [01:18:43.100 --> 01:18:45.100] We've got callers on the line. [01:18:45.100 --> 01:18:49.100] Janice from Austin is up next, and then Henry from California. [01:18:49.100 --> 01:18:54.100] We'll squeeze in Chess from South Dakota in there probably right after this call. [01:18:54.100 --> 01:18:55.100] He's one of our affiliates. [01:18:55.100 --> 01:18:57.100] So okay, go ahead. [01:18:57.100 --> 01:19:00.100] We're speaking with John in Florida. [01:19:00.100 --> 01:19:03.100] Okay, John, what were you saying as we went to the break? [01:19:03.100 --> 01:19:11.100] Okay, so Eddie, I didn't know after – on all the calls I've been on, I did not know that one of the things I wanted to do was to walk in there with these affidavits, [01:19:11.100 --> 01:19:22.100] making these statements that I am not doing what these definitions would apply to me and that my affidavit states that I am not a person as they would define it, [01:19:22.100 --> 01:19:29.100] and then they would then have to define it in order to support their case. [01:19:29.100 --> 01:19:30.100] That's correct. [01:19:30.100 --> 01:19:34.100] They have to show that you are the one to whom that statute applies. [01:19:34.100 --> 01:19:39.100] See, if you don't challenge it in that regard, the assumption will stand. [01:19:39.100 --> 01:19:42.100] If the assumption stands, you're going to be guilty. [01:19:42.100 --> 01:19:45.100] No ifs, no ands, no buts because you have no defense. [01:19:45.100 --> 01:19:54.100] But your defense is that I am not any of the things that you are charging me with or one of the things to whom those charges would apply, [01:19:54.100 --> 01:20:00.100] and I am demanding that you prove that I am. [01:20:00.100 --> 01:20:03.100] Okay, and then that would be in the form of just presenting these affidavits, [01:20:03.100 --> 01:20:08.100] and then those affidavits would basically speak for themselves and then they would have to prove each one on its own merit. [01:20:08.100 --> 01:20:09.100] That is correct. [01:20:09.100 --> 01:20:13.100] Now what you do, you know how to make an affidavit, okay? [01:20:13.100 --> 01:20:18.100] You make sure that that affidavit contains the pertinent information about you, [01:20:18.100 --> 01:20:23.100] that it is made under penalty of perjury, that it states these specific facts, [01:20:23.100 --> 01:20:32.100] and they have this number of days to rebut these specific facts or the presumption shall be made that all facts are true and correct. [01:20:32.100 --> 01:20:36.100] Then they take you to trial without having rebutted that affidavit. [01:20:36.100 --> 01:20:42.100] They are going to have a hell of a time saying, oh, no, that ain't it, because they have already defaulted on the affidavit. [01:20:42.100 --> 01:20:45.100] They have already agreed it is true and correct. [01:20:45.100 --> 01:20:49.100] So the affidavit was supposed to be filed with the court at some time prior to my trial date? [01:20:49.100 --> 01:20:53.100] You file it, give them 15 to 20 days. [01:20:53.100 --> 01:20:54.100] When are you supposed to be there? [01:20:54.100 --> 01:20:57.100] Oh, Jesus, I am there on Wednesday. [01:20:57.100 --> 01:21:03.100] Okay, well, do it as quickly as possible and at the same time file a motion for a continuance if you can. [01:21:03.100 --> 01:21:10.100] If the judge doesn't want to grant it, still get that thing in as quick as possible so it is on the record. [01:21:10.100 --> 01:21:12.100] Okay, so I file this as a start. [01:21:12.100 --> 01:21:16.100] Is this your first hearing date? [01:21:16.100 --> 01:21:19.100] No, this is the final trial. [01:21:19.100 --> 01:21:25.100] I have already had the hearing, you know, plea guilty, not guilty, and now it is to the final hearing of the trial. [01:21:25.100 --> 01:21:29.100] You can make these statements in court. [01:21:29.100 --> 01:21:33.100] Yeah, but again, remember, you are wanting to make a record. [01:21:33.100 --> 01:21:40.100] Though you can make them in court, you want a record, and the record will not be made if you do it orally. [01:21:40.100 --> 01:21:45.100] You need something in writing just to support your oral argument. [01:21:45.100 --> 01:21:51.100] So even though you can make them in court, write them down, because that is going to be your only record. [01:21:51.100 --> 01:21:57.100] There is not going to be a court reporter there unless Florida is going to do things the right way. [01:21:57.100 --> 01:22:00.100] Right, but it is not going to happen. [01:22:00.100 --> 01:22:08.100] So being that I have basically tomorrow to do this, if I were to go first, I mean, they can turn to me and say, [01:22:08.100 --> 01:22:14.100] well, you didn't give us enough time to rebut this, and we take a file for motion of continuance. [01:22:14.100 --> 01:22:17.100] Is that basically the way for the trial? [01:22:17.100 --> 01:22:19.100] No, but here is the thing. [01:22:19.100 --> 01:22:23.100] If they give you that excuse, then just inform them. [01:22:23.100 --> 01:22:28.100] They had all the time in the world to formulate their case to prove you were, [01:22:28.100 --> 01:22:31.100] so they shouldn't have that big a deal to prove you aren't. [01:22:31.100 --> 01:22:34.100] Okay. [01:22:34.100 --> 01:22:37.100] One word of caution. [01:22:37.100 --> 01:22:42.100] When you enter an affidavit, that is testimony. [01:22:42.100 --> 01:22:46.100] Since you testified, they can call you to the stand. [01:22:46.100 --> 01:22:50.100] Right. [01:22:50.100 --> 01:22:55.100] That means you need to be personally aware of what these definitions are, [01:22:55.100 --> 01:22:59.100] because they are going to ask you, you say you are not a person, well, what are you? [01:22:59.100 --> 01:23:05.100] And your simple answer is going to be, I am not a person as defined within this statute. [01:23:05.100 --> 01:23:12.100] Don't play the game about I am not a person, because that is going to make the jury roll their eyes at you. [01:23:12.100 --> 01:23:21.100] Just be specific, I am not a person as that term is defined within this statute. [01:23:21.100 --> 01:23:28.100] And then when they insist you are, tell them, look, produce the statute. [01:23:28.100 --> 01:23:33.100] Tell me what the statute says a person is for the record. [01:23:33.100 --> 01:23:37.100] They are not going to want to do that, not ever. [01:23:37.100 --> 01:23:39.100] Okay. [01:23:39.100 --> 01:23:47.100] And you do that for every single term that they are trying to say applies to you or what you were doing or what you were in. [01:23:47.100 --> 01:23:48.100] Okay. [01:23:48.100 --> 01:23:51.100] There is a rule for studying statutes. [01:23:51.100 --> 01:23:53.100] It is the IQE rule. [01:23:53.100 --> 01:23:55.100] Remember it. [01:23:55.100 --> 01:24:03.100] IQE, I question everything. [01:24:03.100 --> 01:24:09.100] Do not assume you know what any word anywhere means. [01:24:09.100 --> 01:24:11.100] Understood. [01:24:11.100 --> 01:24:17.100] So in making these affidavits, if I have them filed tomorrow, that is going to basically have, [01:24:17.100 --> 01:24:23.100] that will put me where I need to be in terms of making the state prove its case, that these apply to me, [01:24:23.100 --> 01:24:29.100] and therefore if each one of the affidavits, if these definitions do not apply to me, they have no case. [01:24:29.100 --> 01:24:36.100] Okay. Be aware. They are going to do everything they can to avoid the issue of the affidavit, no matter what you do. [01:24:36.100 --> 01:24:37.100] Okay. [01:24:37.100 --> 01:24:39.100] You are peeing in their money pool. [01:24:39.100 --> 01:24:41.100] They are not going to like that. [01:24:41.100 --> 01:24:46.100] They are going to do everything they can to convince you that what you did is not worth spit. [01:24:46.100 --> 01:24:49.100] What you have got to do is stand on your rights. [01:24:49.100 --> 01:24:51.100] You are the only one that can. [01:24:51.100 --> 01:24:53.100] Right. [01:24:53.100 --> 01:25:02.100] You tell them I want the statements that I made rebutted with law, not with your presumptions and not with your assertions. [01:25:02.100 --> 01:25:10.100] I want you to rebut my assertions that the law does not apply because with law that says yes it does. [01:25:10.100 --> 01:25:15.100] And if you can't do that, you don't have a case. [01:25:15.100 --> 01:25:16.100] Okay. [01:25:16.100 --> 01:25:18.100] Understood. [01:25:18.100 --> 01:25:23.100] And that is simply what I am doing. I am not going to get into anything in terms of the statutes themselves. [01:25:23.100 --> 01:25:34.100] And as I read when you were originally, when I was on one of the calls, you went into speaking about where it says in the traffic statute. [01:25:34.100 --> 01:25:36.100] I am not going to argue the merits of the statutes. [01:25:36.100 --> 01:25:37.100] You are not. [01:25:37.100 --> 01:25:43.100] Because until the statute applies to you, why should you have to argue the merits of it? [01:25:43.100 --> 01:25:45.100] Okay. [01:25:45.100 --> 01:25:54.100] The point is that to not want to ever get there by simply standing my ground, making them prove that these definitions are part of me, women don't. [01:25:54.100 --> 01:25:55.100] Correct. [01:25:55.100 --> 01:25:56.100] And that is that. [01:25:56.100 --> 01:25:59.100] The state, is this a criminal charge in Florida or a civil? [01:25:59.100 --> 01:26:01.100] It is a civil charge. [01:26:01.100 --> 01:26:04.100] It is a civil charge. [01:26:04.100 --> 01:26:07.100] Well, then they have a real problem. [01:26:07.100 --> 01:26:08.100] Okay. [01:26:08.100 --> 01:26:17.100] If it is civil, on what grounds are they stating that you have a duty to be bound by those statutes? [01:26:17.100 --> 01:26:26.100] The only way they can do that is to show that you had a duty and committed yourself to be bound by those statutes if they are civil. [01:26:26.100 --> 01:26:29.100] If I write an affidavit telling them that I am not bound by those statutes. [01:26:29.100 --> 01:26:31.100] You include that in your affidavit as well. [01:26:31.100 --> 01:26:46.100] There is no duty under the law placed upon me as in my name and so on and so forth to comply with or be subject to these statutes. [01:26:46.100 --> 01:26:49.100] Put that in as one of your assertions. [01:26:49.100 --> 01:26:53.100] And they would then have to produce a contract in order to prove that which they do not have. [01:26:53.100 --> 01:26:54.100] That's correct. [01:26:54.100 --> 01:27:01.100] They would have to prove something on the civil side to show that you gave your knowing consent to be subject to the terms. [01:27:01.100 --> 01:27:03.100] Well, they are going to come back, of course. [01:27:03.100 --> 01:27:04.100] I heard someone say this to you before. [01:27:04.100 --> 01:27:06.100] I don't remember what your response was. [01:27:06.100 --> 01:27:10.100] But they are going to come back and say, well, you signed a driver's license, didn't you? [01:27:10.100 --> 01:27:12.100] A driver's license is not a contract. [01:27:12.100 --> 01:27:14.100] It is a contrived document. [01:27:14.100 --> 01:27:18.100] It meets none of the necessary legal criteria of a contract. [01:27:18.100 --> 01:27:23.100] Once you signed it, you signed a completely different form than the driver's license. [01:27:23.100 --> 01:27:28.100] John, what's likely to happen if you get all these affidavits filed tomorrow? [01:27:28.100 --> 01:27:31.100] What's likely to happen is that when you go into court on Wednesday, [01:27:31.100 --> 01:27:40.100] they're going to schedule your case to be last on the list so that nobody else can witness what they're going to do, [01:27:40.100 --> 01:27:42.100] and then they're probably just going to dismiss it. [01:27:42.100 --> 01:27:43.100] Maybe. [01:27:43.100 --> 01:27:48.100] But in any case, you may want to insist, no, I am here at the appointed place and time. [01:27:48.100 --> 01:27:49.100] I'm in line. [01:27:49.100 --> 01:27:51.100] I'm at the head of the line. [01:27:51.100 --> 01:27:53.100] I would like this adjudicated now. [01:27:53.100 --> 01:27:58.100] Either respond to my affidavits, improve your case, or dismiss it with prejudice. [01:27:58.100 --> 01:27:59.100] Right. [01:27:59.100 --> 01:28:08.100] So I basically want my demand is that they dismiss my case with prejudice based on the fact that they cannot prove their case [01:28:08.100 --> 01:28:11.100] and with or against the affidavits that I've submitted. [01:28:11.100 --> 01:28:12.100] Correct. [01:28:12.100 --> 01:28:16.100] Make your challenge as a challenge to the jurisdiction. [01:28:16.100 --> 01:28:22.100] Yes, I challenge the subject matter jurisdiction of this court because the information contained in this affidavit [01:28:22.100 --> 01:28:31.100] specifically rebuts any and all presumptions that I am the things defined within these statutes as being bound [01:28:31.100 --> 01:28:35.100] or applied to by these statutes, something along that line. [01:28:35.100 --> 01:28:37.100] But that's what you're getting at. [01:28:37.100 --> 01:28:42.100] I challenge the subject matter jurisdiction of, I'm sorry, I didn't get quite all of that. [01:28:42.100 --> 01:28:44.100] Of the statutes and this court. [01:28:44.100 --> 01:28:50.100] In order for the court to have subject matter jurisdiction, the law they're hauling you in under must apply to you. [01:28:50.100 --> 01:28:55.100] If the law doesn't apply to you, there is no subject matter jurisdiction associated with it. [01:28:55.100 --> 01:28:58.100] Okay, we need to get moving on to where the board is stacking up. [01:28:58.100 --> 01:28:59.100] Got it. [01:28:59.100 --> 01:29:00.100] Yes, I do. [01:29:00.100 --> 01:29:01.100] Thank you very much. [01:29:01.100 --> 01:29:02.100] You're welcome. [01:29:02.100 --> 01:29:04.100] I'll see you guys in Texas on the 24th. [01:29:04.100 --> 01:29:05.100] Well, all right. [01:29:05.100 --> 01:29:06.100] Oh, great, John. [01:29:06.100 --> 01:29:07.100] I'm so glad you're coming. [01:29:07.100 --> 01:29:08.100] All right. [01:29:08.100 --> 01:29:09.100] Thank you. [01:29:09.100 --> 01:29:10.100] Okay, wonderful. [01:29:10.100 --> 01:29:11.100] All right. [01:29:11.100 --> 01:29:12.100] Well, we are just about to go to break. [01:29:12.100 --> 01:29:17.100] We've got Janice from Austin who is next. [01:29:17.100 --> 01:29:19.100] I'd like to bring her up. [01:29:19.100 --> 01:29:22.100] She's barely going to have time to get into her question and we're going to have to go to break. [01:29:22.100 --> 01:29:24.100] Janice, thanks for calling in. [01:29:24.100 --> 01:29:27.100] What's on your mind? [01:29:27.100 --> 01:29:30.100] I am a little interior skaper. [01:29:30.100 --> 01:29:35.100] I run around and I water plants in different offices. [01:29:35.100 --> 01:29:45.100] And last year, out of the blue, they suddenly decided that I needed to start paying some tax. [01:29:45.100 --> 01:29:46.100] Okay, hold on, Janice. [01:29:46.100 --> 01:29:47.100] Paid for what? [01:29:47.100 --> 01:29:48.100] Hold on, Janice. [01:29:48.100 --> 01:29:51.100] Hold on to that thought and we'll be right back on the other side. [01:29:51.100 --> 01:29:53.100] We've also got Chess in South Dakota. [01:29:53.100 --> 01:29:54.100] He's one of our affiliates. [01:29:54.100 --> 01:29:55.100] Chess, just hang on the line. [01:29:55.100 --> 01:29:56.100] You're next. [01:29:56.100 --> 01:29:57.100] And then Henry. [01:29:57.100 --> 01:30:00.100] We'll be right back. [01:30:00.100 --> 01:30:07.100] Are you tired of being pulled over before you can find the time to get your registration or insurance renewed resulting in traffic tickets, fines and court appearances? [01:30:07.100 --> 01:30:09.100] Well, we can help. [01:30:09.100 --> 01:30:11.100] This is Andy Craig from RuleOfLawRadio.com. [01:30:11.100 --> 01:30:22.100] Deborah Stevens, Randy Kelton and I would like to invite you to attend our upcoming traffic law seminar on October 24th and 25th at Brave New Books located at 1904 Guadalupe Street in Austin, Texas. [01:30:22.100 --> 01:30:35.100] The seminar will run both Saturday and Sunday from 11 a.m. to 8 p.m. We will teach you how to read, research and understand the statute relating to driver's licenses, registration and insurance as well as seat belts and DUIs. [01:30:35.100 --> 01:30:40.100] You will learn how to exercise your right to liberty in traveling your automobile and you will do it using the law. [01:30:40.100 --> 01:30:44.100] No magic beans, silver bullets or obtuse legal mumbo jumbo. [01:30:44.100 --> 01:30:50.100] We will teach you the truth using existing case law and statutes alongside the Texas Constitution. [01:30:50.100 --> 01:30:54.100] So if you want to learn how to fight back and win, come see us at the seminar. [01:30:54.100 --> 01:30:58.100] Check out www.ruleoflawradio.com for more details. [01:30:58.100 --> 01:31:21.100] Thank you very much. [01:31:28.100 --> 01:31:32.100] Okay, we are back. [01:31:32.100 --> 01:31:35.100] All right, we've got Janice from Austin, first-time caller. [01:31:35.100 --> 01:31:38.100] I want to thank you for calling in and listening to the show. [01:31:38.100 --> 01:31:48.100] Okay, Janice, so it sounds like you're starting to tell us that they, number one, who is they and what is the situation? [01:31:48.100 --> 01:31:51.100] Sounds like someone's trying to make you get a license to do something? [01:31:51.100 --> 01:31:52.100] No. [01:31:52.100 --> 01:31:54.100] Travis County tax statement. [01:31:54.100 --> 01:32:02.100] They suddenly decided they wanted to tax me on my property because I have a little service business. [01:32:02.100 --> 01:32:08.100] I run around and water plants and everything, and it's out of the blue. [01:32:08.100 --> 01:32:10.100] I don't know what they're basing it on. [01:32:10.100 --> 01:32:14.100] What property do you use to water plants with? [01:32:14.100 --> 01:32:16.100] Water buckets. [01:32:16.100 --> 01:32:18.100] Okay, they can tax you on the water bucket. [01:32:18.100 --> 01:32:24.100] This has to do with business property. In Travis County, there is a business property tax. [01:32:24.100 --> 01:32:30.100] Yeah, but if you study the statute carefully, you'll find it's a corporate business tax. [01:32:30.100 --> 01:32:34.100] It is not an individual unincorporated business tax. [01:32:34.100 --> 01:32:38.100] I'll bet dollars to doughnuts on it. [01:32:38.100 --> 01:32:43.100] Well, I'm just a little 63-year-old lady. [01:32:43.100 --> 01:32:48.100] Now, they might want to charge me on the plants and the buckets. [01:32:48.100 --> 01:32:50.100] I mean, you know, the planters or something. [01:32:50.100 --> 01:32:55.100] But, you know, once you take out a plant, it's never good enough to go into another place, [01:32:55.100 --> 01:32:59.100] and the buckets are all a bunch of used buckets that get kicked around and everything. [01:32:59.100 --> 01:33:04.100] I don't know what they're basing it on, but they raised it from last year, [01:33:04.100 --> 01:33:09.100] and I wasn't going to pay it last year because I felt like it just suddenly would signal, [01:33:09.100 --> 01:33:14.100] I do exist, you know, because for 20 years I've been doing this and I've never paid it, [01:33:14.100 --> 01:33:18.100] and all of a sudden I exist on their records and they want to start charging me. [01:33:18.100 --> 01:33:21.100] Well, where do they get their amount to charge me? [01:33:21.100 --> 01:33:26.100] They made it up. That's the whole thing. They just made it up. [01:33:26.100 --> 01:33:28.100] File fraud against the tax collector. [01:33:28.100 --> 01:33:33.100] I lost over half of my business from last year, so it ought to be left, not more. [01:33:33.100 --> 01:33:35.100] Yeah, everything depreciated. [01:33:35.100 --> 01:33:40.100] Yeah, well, no, I lost because it's a depression. [01:33:40.100 --> 01:33:45.100] I had the first seven months, I had one person a month cancel. [01:33:45.100 --> 01:33:50.100] Well, that won't help because they're the ones that cause the depression, so they don't care. [01:33:50.100 --> 01:33:54.100] But the point being that they just arbitrarily made up the amounts. [01:33:54.100 --> 01:34:02.100] It's based on nothing, and that alone makes it incorrect, not to mention illegal, [01:34:02.100 --> 01:34:07.100] because when they send you a government document that says you owe this amount of money [01:34:07.100 --> 01:34:12.100] based upon these set numbers, they better have support for those set numbers. [01:34:12.100 --> 01:34:16.100] When they don't, that's fraud. [01:34:16.100 --> 01:34:23.100] What you need to do is send them a tort letter accusing them of perpetrating a fraud [01:34:23.100 --> 01:34:31.100] by assessing you a contrived tax. [01:34:31.100 --> 01:34:35.100] That'll give them apoplexy. [01:34:35.100 --> 01:34:37.100] Okay, what a tort letter is? [01:34:37.100 --> 01:34:45.100] In law, they say you shouldn't use the courts as the first remedy, [01:34:45.100 --> 01:34:47.100] but as the remedy of last resort. [01:34:47.100 --> 01:34:55.100] So what they request you to do is if you have an issue with someone, [01:34:55.100 --> 01:35:01.100] take some action in an attempt to address the issue before you come to court. [01:35:01.100 --> 01:35:06.100] So the best way to do that, and the accepted way, is with a tort letter. [01:35:06.100 --> 01:35:15.100] And the tort letter says you have harmed me, and you have harmed me in this amount. [01:35:15.100 --> 01:35:18.100] Repair or be sued. [01:35:18.100 --> 01:35:25.100] And if you make up a tort letter and say that you have assessed a tax against me [01:35:25.100 --> 01:35:31.100] that is a contrived tax, it's based on no proper assessment of any property [01:35:31.100 --> 01:35:33.100] I may or may not own. [01:35:33.100 --> 01:35:37.100] You simply made it up out of the thin blue sky [01:35:37.100 --> 01:35:43.100] and are trying to steal my money from me by this fraudulent assessment. [01:35:43.100 --> 01:35:46.100] Cease and desist or be sued. [01:35:46.100 --> 01:35:53.100] Send it certified and keep the number on the certified ticket. [01:35:53.100 --> 01:35:56.100] Certified mail always gets their attention. [01:35:56.100 --> 01:36:00.100] If the contents are notarized. [01:36:00.100 --> 01:36:03.100] Good chance you won't hear from them anymore. [01:36:03.100 --> 01:36:07.100] He said if the contents are notarized especially. [01:36:07.100 --> 01:36:10.100] Make sure the letter itself is notarized when you send it. [01:36:10.100 --> 01:36:16.100] That will really get their attention along with the fact that it's certified mail. [01:36:16.100 --> 01:36:19.100] The certified mail will make it go straight to their attorneys, [01:36:19.100 --> 01:36:22.100] and their attorneys say this woman is fixing to sue you. [01:36:22.100 --> 01:36:25.100] You decide how much this is worth. [01:36:25.100 --> 01:36:31.100] Yeah, how much is our tax on buckets worth? [01:36:31.100 --> 01:36:33.100] Well, I don't know. [01:36:33.100 --> 01:36:37.100] I mean, some of the plants, I own the plants and the pots, [01:36:37.100 --> 01:36:42.100] and the more expensive ones, I'm just watering theirs. [01:36:42.100 --> 01:36:48.100] And so I don't know if they're charging me on sales tax that I've paid. [01:36:48.100 --> 01:36:52.100] No, in Travis County, no, it's property tax. [01:36:52.100 --> 01:36:54.100] In Travis County there's business property tax, [01:36:54.100 --> 01:36:59.100] and you may want to look and see what the code says about business property tax. [01:36:59.100 --> 01:37:02.100] Eddie suspects that it's only for incorporated businesses. [01:37:02.100 --> 01:37:05.100] I have a feeling that it's not. [01:37:05.100 --> 01:37:10.100] It's even for sole proprietor businesses, but you may want to check. [01:37:10.100 --> 01:37:12.100] Where would I check? [01:37:12.100 --> 01:37:17.100] You'd have to check the tax code. [01:37:17.100 --> 01:37:21.100] But be aware now, just like every other statute, it is misleadingly worded. [01:37:21.100 --> 01:37:24.100] Right. [01:37:24.100 --> 01:37:29.100] But you will find that the only thing that I have found that they can charge sales tax on [01:37:29.100 --> 01:37:33.100] or property tax on is corporate-owned property. [01:37:33.100 --> 01:37:35.100] What do you want to do with sole proprietor? [01:37:35.100 --> 01:37:40.100] Sole proprietor is those that are engaged in an occupation as a matter of right. [01:37:40.100 --> 01:37:44.100] If your occupation is not something that requires an occupational license [01:37:44.100 --> 01:37:51.100] because it is a public interest position, like a doctor or a lawyer, [01:37:51.100 --> 01:37:56.100] which even the lawyers are occupations of right according to the United States Supreme Court. [01:37:56.100 --> 01:38:01.100] But still, those particular occupations must have occupational licenses. [01:38:01.100 --> 01:38:04.100] A sole proprietor does not. [01:38:04.100 --> 01:38:05.100] Okay. [01:38:05.100 --> 01:38:09.100] The property that belongs to a sole proprietor business is actually private property. [01:38:09.100 --> 01:38:11.100] It is not personal property. [01:38:11.100 --> 01:38:12.100] It is not real property. [01:38:12.100 --> 01:38:24.100] It is private property, and they can't tax private property. [01:38:24.100 --> 01:38:28.100] Okay, Janice, does that answer your question? [01:38:28.100 --> 01:38:31.100] I have often wondered on the sales tax. [01:38:31.100 --> 01:38:36.100] You know, I don't know whether, you know, they have a right to charge on the maintenance [01:38:36.100 --> 01:38:42.100] or if they have more of a right to charge on the regular things. [01:38:42.100 --> 01:38:46.100] I can't seem to get anybody to give me any kind of a real... [01:38:46.100 --> 01:38:48.100] What do you mean sales tax? [01:38:48.100 --> 01:38:50.100] You paid sales tax when you bought the bucket. [01:38:50.100 --> 01:38:52.100] It's already paid. [01:38:52.100 --> 01:38:53.100] No. [01:38:53.100 --> 01:38:55.100] Are you saying that you're having to charge sales tax? [01:38:55.100 --> 01:38:57.100] I'm having to charge sales tax. [01:38:57.100 --> 01:38:59.100] No, no, no, no, no. [01:38:59.100 --> 01:39:01.100] You have a service. [01:39:01.100 --> 01:39:03.100] No, you don't charge sales tax. [01:39:03.100 --> 01:39:06.100] Service doesn't charge sales tax and doesn't have to pay it. [01:39:06.100 --> 01:39:07.100] That's not true. [01:39:07.100 --> 01:39:09.100] That is not... [01:39:09.100 --> 01:39:10.100] That's not true. [01:39:10.100 --> 01:39:11.100] The laws have changed, Randy. [01:39:11.100 --> 01:39:13.100] There are certain services. [01:39:13.100 --> 01:39:18.100] Sales tax specifically says that it is a corporate sales tax. [01:39:18.100 --> 01:39:25.100] If you lay carpet, that's the only exclusion I ever knew of. [01:39:25.100 --> 01:39:27.100] Okay, well, the laws have changed. [01:39:27.100 --> 01:39:29.100] Now you have to go into the wording of the definitions, [01:39:29.100 --> 01:39:31.100] but I can tell you right now from experience, [01:39:31.100 --> 01:39:33.100] they have changed the laws recently, [01:39:33.100 --> 01:39:36.100] and they are requiring certain services, [01:39:36.100 --> 01:39:40.100] certain service providers to charge a sales tax on their service. [01:39:40.100 --> 01:39:43.100] Piano tuning is one of them, by the way. [01:39:43.100 --> 01:39:44.100] That's how I know. [01:39:44.100 --> 01:39:46.100] Let me clarify that just a second though, Deborah. [01:39:46.100 --> 01:39:48.100] They don't actually change the law. [01:39:48.100 --> 01:39:50.100] They change the statutes. [01:39:50.100 --> 01:39:54.100] I guarantee you, you will not go in and find a legislative reenactment [01:39:54.100 --> 01:39:57.100] that altered the base law that the statutes are based on. [01:39:57.100 --> 01:39:59.100] What they've done is they've gone in [01:39:59.100 --> 01:40:02.100] and done a language revision of the existing statute. [01:40:02.100 --> 01:40:05.100] However, you will find at the beginning of the tax code, [01:40:05.100 --> 01:40:11.100] it specifically states that this revision has been made without substantive change, [01:40:11.100 --> 01:40:15.100] meaning what the law affects has not been altered. [01:40:15.100 --> 01:40:20.100] The wording may have been, but what it is allowed to interact with has not. [01:40:20.100 --> 01:40:27.100] So even though they make it appear that they've changed it to apply to something new, it doesn't. [01:40:27.100 --> 01:40:34.100] How do I find out whether I really should be paying sales tax at all? [01:40:34.100 --> 01:40:39.100] And I've been charging it to my people, you know, this last three months, [01:40:39.100 --> 01:40:44.100] but tomorrow or the next day I'm going to be owing a bunch of money. [01:40:44.100 --> 01:40:48.100] Well, if you've collected it, you have to pay it in. [01:40:48.100 --> 01:40:51.100] You can't hold money that doesn't belong to you. [01:40:51.100 --> 01:40:55.100] The question is whether or not you should have been collecting it to begin with. [01:40:55.100 --> 01:40:58.100] Now, I guarantee you the fact that you were collecting the sales tax [01:40:58.100 --> 01:41:02.100] is exactly how the county tax assessor got your information [01:41:02.100 --> 01:41:07.100] and exactly why you got sent a tax bill all of a sudden. [01:41:07.100 --> 01:41:09.100] That's what I was wondering. [01:41:09.100 --> 01:41:15.100] But what you need to know is I'm making half of what I was making even last year [01:41:15.100 --> 01:41:20.100] instead of going up. [01:41:20.100 --> 01:41:23.100] Yeah, they're not going to base it on what you're making with the property. [01:41:23.100 --> 01:41:28.100] They're going to base it on what they call the ad valorem tax value of the property. [01:41:28.100 --> 01:41:31.100] So it doesn't matter whether your business is getting better or getting worse, [01:41:31.100 --> 01:41:36.100] they're going to insist you owe money because you bought something to use in that business [01:41:36.100 --> 01:41:40.100] even though it's not a taxable business. [01:41:40.100 --> 01:41:43.100] I bought something like what? [01:41:43.100 --> 01:41:48.100] If it's okay with Randy and Deborah, I'll send them my sales tax essay [01:41:48.100 --> 01:41:52.100] that first got me on the show to begin with. [01:41:52.100 --> 01:41:55.100] And you can peruse that to check the statutes for yourself [01:41:55.100 --> 01:41:57.100] and make a list of questions for these folks. [01:41:57.100 --> 01:42:02.100] And good luck on getting them to answer it because they go scurrying into the dark corners [01:42:02.100 --> 01:42:06.100] when the information in this thing is presented to them in the form of a question. [01:42:06.100 --> 01:42:10.100] Yeah, Janice, send us an e-mail and we'll get you that document. [01:42:10.100 --> 01:42:12.100] Okay. [01:42:12.100 --> 01:42:16.100] Okay, listen, we need to move on because we've got one segment left [01:42:16.100 --> 01:42:19.100] and just about a minute left of this and we've got two other callers. [01:42:19.100 --> 01:42:23.100] Could I speak to someone off air? [01:42:23.100 --> 01:42:26.100] Send us an e-mail. [01:42:26.100 --> 01:42:27.100] Okay. [01:42:27.100 --> 01:42:31.100] Give me an e-mail or a phone number or something and I'll talk to you off air. [01:42:31.100 --> 01:42:32.100] Thank you. [01:42:32.100 --> 01:42:33.100] Okay, thank you. [01:42:33.100 --> 01:42:36.100] Okay, we're going now quickly to Chess, our affiliates, [01:42:36.100 --> 01:42:38.100] and then we'll take Henry up on the other side. [01:42:38.100 --> 01:42:40.100] Hey, Chess, what's up? [01:42:40.100 --> 01:42:42.100] Pretty good, I'll be real quick with this. [01:42:42.100 --> 01:42:45.100] Eddie, your help with John answered half my question [01:42:45.100 --> 01:42:49.100] because this had to do with Illinois on the toll ticket, photograph ticket. [01:42:49.100 --> 01:42:50.100] Yeah. [01:42:50.100 --> 01:42:55.100] But anyway, the definition of vehicle in transport, which before the show I found it too, [01:42:55.100 --> 01:42:59.100] is exactly the same just as Florida said. [01:42:59.100 --> 01:43:04.100] But my question is, there was some guy here on the radio rattling and I was saying, [01:43:04.100 --> 01:43:07.100] yeah, yeah, if you go to another state, don't worry about the tolls [01:43:07.100 --> 01:43:09.100] because your state won't send that information. [01:43:09.100 --> 01:43:12.100] I figured I'd test it, all right, so I had to go to the Chicago O'Hare Airport, [01:43:12.100 --> 01:43:14.100] so I went through the tolls. [01:43:14.100 --> 01:43:18.100] Sure enough, I got the thing in the mail, $100 ticket, [01:43:18.100 --> 01:43:22.100] and I see now with the affidavit process, I could fight this accord. [01:43:22.100 --> 01:43:27.100] I don't know if it's worth driving there to do, but my question is, what do you start? [01:43:27.100 --> 01:43:28.100] You don't have to drive there. [01:43:28.100 --> 01:43:32.100] You can send the affidavit in, certified mail return receipt requested. [01:43:32.100 --> 01:43:33.100] Okay, that's what I was wondering. [01:43:33.100 --> 01:43:35.100] What gives the state the right to send my information to Illinois? [01:43:35.100 --> 01:43:36.100] Why would they do that? [01:43:36.100 --> 01:43:37.100] Is that a case? [01:43:37.100 --> 01:43:39.100] Because they have a reciprocal agreement, [01:43:39.100 --> 01:43:43.100] just like with the driver's licenses with the National Driver Registry Database. [01:43:43.100 --> 01:43:45.100] I see. [01:43:45.100 --> 01:43:47.100] Okay, well, that answers my question. [01:43:47.100 --> 01:43:48.100] Is that all, Chess? [01:43:48.100 --> 01:43:50.100] Yeah, that affidavit process. [01:43:50.100 --> 01:43:52.100] I'll listen on the archives because that was good stuff. [01:43:52.100 --> 01:43:53.100] Okay, excellent. [01:43:53.100 --> 01:43:54.100] Yep, thank you. [01:43:54.100 --> 01:43:56.100] All right, we'll take Henry up on the other side. [01:43:56.100 --> 01:44:06.100] We'll be right back. [01:44:06.100 --> 01:44:13.100] Aerial spraying, chemtrails, the modified atmosphere, heavy metals and pesticides, [01:44:13.100 --> 01:44:18.100] carcinogens and chemical fibers all falling from the sky. [01:44:18.100 --> 01:44:21.100] You have a choice to keep your body clean. [01:44:21.100 --> 01:44:31.100] Detoxify with micro plant powder from hempusa.org or call 908-691-2608. [01:44:31.100 --> 01:44:35.100] It's odorless and tasteless and used in any liquid or food. [01:44:35.100 --> 01:44:39.100] Protect your family now with micro plant powder. [01:44:39.100 --> 01:44:43.100] Cleaning out heavy metals, parasites and toxins. [01:44:43.100 --> 01:44:48.100] Order it now for daily intake and stock it now for long-term storage. [01:44:48.100 --> 01:45:07.100] Visit hempusa.org or call 908-691-2608 today. [01:45:07.100 --> 01:45:36.100] All right. [01:45:36.100 --> 01:45:38.100] Somebody going to police the policeman. [01:45:38.100 --> 01:45:40.100] Somebody is going to bully the bully. [01:45:40.100 --> 01:45:45.100] That would be us and you listeners and all our wonderful callers. [01:45:45.100 --> 01:45:48.100] All right, we're going to Henry in California. [01:45:48.100 --> 01:45:50.100] Hey, Henry, thanks for calling in. [01:45:50.100 --> 01:45:52.100] Thanks for holding what's on your mind tonight. [01:45:52.100 --> 01:45:53.100] Well, thank you very much. [01:45:53.100 --> 01:45:55.100] First of all, may I have Steve's email? [01:45:55.100 --> 01:45:58.100] We had a very good chat before, you know, I came on, [01:45:58.100 --> 01:46:02.100] and I'm going to be emailing him something. [01:46:02.100 --> 01:46:05.100] He is the host of Endless Fraud Detection. [01:46:05.100 --> 01:46:08.100] They do their show on this network here on Thursday nights [01:46:08.100 --> 01:46:10.100] from 10 to midnight Central Time. [01:46:10.100 --> 01:46:14.100] So go to their website, EndlessFraudDetection.com, [01:46:14.100 --> 01:46:16.100] and you can get the email there. [01:46:16.100 --> 01:46:17.100] Perfect. [01:46:17.100 --> 01:46:21.100] I've tried to work from memory, but my old age is preventing me. [01:46:21.100 --> 01:46:23.100] Thank you very much. [01:46:23.100 --> 01:46:25.100] So the question is this. [01:46:25.100 --> 01:46:28.100] On the 13th of August at half past seven, [01:46:28.100 --> 01:46:33.100] I was making a left turn in a street in Santa Barbara, California, [01:46:33.100 --> 01:46:36.100] which is notoriously unfriendly to motorists. [01:46:36.100 --> 01:46:37.100] I live here. [01:46:37.100 --> 01:46:40.100] I'm, you know, familiar with the street and so on and so forth. [01:46:40.100 --> 01:46:42.100] Traffic was very heavy. [01:46:42.100 --> 01:46:47.100] A car, as I was turning left, a car slammed to a stop. [01:46:47.100 --> 01:46:49.100] I veered out of the way and then stopped myself, [01:46:49.100 --> 01:46:55.100] and within seconds a woman walking backwards walked into my car, [01:46:55.100 --> 01:46:58.100] and then she slowly got up. [01:46:58.100 --> 01:47:03.100] She was on the bonnet of the car hood and walked two paces [01:47:03.100 --> 01:47:08.100] and then dropped onto the ground. [01:47:08.100 --> 01:47:13.100] Meantime, the lights were changing in the street from which I had turned left. [01:47:13.100 --> 01:47:15.100] I was in the middle of the street. [01:47:15.100 --> 01:47:19.100] My first concern was to make sure the girl didn't get hit by oncoming traffic, [01:47:19.100 --> 01:47:21.100] so I left the car where she was. [01:47:21.100 --> 01:47:25.100] My next concern was to get to 911, [01:47:25.100 --> 01:47:28.100] and of course it doesn't work on a mobile phone, as I found out. [01:47:28.100 --> 01:47:30.100] And so while I was struggling with this, [01:47:30.100 --> 01:47:32.100] another girl rushed up to me and said, [01:47:32.100 --> 01:47:35.100] oh, you weren't looking where you were going, were you? [01:47:35.100 --> 01:47:39.100] And I said, I beg your pardon, I was looking exactly where I'm going. [01:47:39.100 --> 01:47:41.100] Can't we help this girl? [01:47:41.100 --> 01:47:44.100] And she said, well, we're trying to reach 911. [01:47:44.100 --> 01:47:46.100] I said, well, that should be our first concern. [01:47:46.100 --> 01:47:52.100] This girl was very aggressive and also suggestive that I had knocked this person down. [01:47:52.100 --> 01:47:55.100] Can I interject for a second? [01:47:55.100 --> 01:47:57.100] You've been set up. [01:47:57.100 --> 01:48:01.100] Yes. [01:48:01.100 --> 01:48:06.100] Did you get any identification from either of these two people? [01:48:06.100 --> 01:48:13.100] The police got it, and the police report was only released today. [01:48:13.100 --> 01:48:17.100] My insurance company sent me an email on Friday deliberately, [01:48:17.100 --> 01:48:19.100] so I had to be in court today. [01:48:19.100 --> 01:48:22.100] And I said, not guilty a month ago, [01:48:22.100 --> 01:48:27.100] the police were on the scene within 10 minutes after this thing happened. [01:48:27.100 --> 01:48:29.100] The policeman was very good. [01:48:29.100 --> 01:48:31.100] The SBPD are very good people usually. [01:48:31.100 --> 01:48:33.100] I know several of them. [01:48:33.100 --> 01:48:36.100] And he said on the basis of the evidence so far, [01:48:36.100 --> 01:48:41.100] there was one witness at the time, that girl that had come up to me. [01:48:41.100 --> 01:48:46.100] And she said that she had seen it happen, and because he wasn't there, [01:48:46.100 --> 01:48:49.100] it was by law to go ahead with what she said. [01:48:49.100 --> 01:48:52.100] He said, however, he said the thing sounds so irregular, [01:48:52.100 --> 01:48:55.100] he's only going to issue me a ticket for failure to stop for a pedestrian, [01:48:55.100 --> 01:48:59.100] because in Santa Barbara, if you're a motorist and there's a question of a pedestrian, [01:48:59.100 --> 01:49:01.100] he's obliged to issue a ticket. [01:49:01.100 --> 01:49:04.100] My insurance company confirmed that. [01:49:04.100 --> 01:49:06.100] So I feel he's being honest. [01:49:06.100 --> 01:49:08.100] He was very polite to me. [01:49:08.100 --> 01:49:11.100] And I hated to see it this morning when he did show up. [01:49:11.100 --> 01:49:13.100] I was hoping he wouldn't. [01:49:13.100 --> 01:49:16.100] He asked to take me aside, I said, may I have an extension for a fortnight, [01:49:16.100 --> 01:49:20.100] two weeks, in order to get the police report. [01:49:20.100 --> 01:49:22.100] The judge was not too friendly about it, [01:49:22.100 --> 01:49:26.100] but the officer actually interceded for me and said, yes, we can get it for you. [01:49:26.100 --> 01:49:28.100] Then he asked to speak to me aside. [01:49:28.100 --> 01:49:31.100] He said, look, now you've got three witnesses against you, [01:49:31.100 --> 01:49:33.100] and you don't have a chance. [01:49:33.100 --> 01:49:36.100] Just plead guilty and get to traffic school. [01:49:36.100 --> 01:49:37.100] I'll help you. [01:49:37.100 --> 01:49:41.100] He said, if you want to do it that way, he said, if you want to fight it, it's fine. [01:49:41.100 --> 01:49:44.100] But next time, he said, I deliberately came without witnesses, [01:49:44.100 --> 01:49:46.100] next time I have to bring them. [01:49:46.100 --> 01:49:48.100] He said, is your case strong enough? [01:49:48.100 --> 01:49:49.100] He said, you don't have to tell me. [01:49:49.100 --> 01:49:52.100] He said, if it is, then good luck. [01:49:52.100 --> 01:49:56.100] He said, I'm trying to mitigate this because I don't feel they're quite right, [01:49:56.100 --> 01:49:59.100] but given the evidence, I have to act this way. [01:49:59.100 --> 01:50:02.100] So that's the story, yes. [01:50:02.100 --> 01:50:06.100] I'm sorry to make it so long, but I wanted to give the full story as it stands now. [01:50:06.100 --> 01:50:09.100] No, I understand. [01:50:09.100 --> 01:50:11.100] He's correct. [01:50:11.100 --> 01:50:15.100] The fact is is that the very first thing you should have done, [01:50:15.100 --> 01:50:21.100] and always remember this, folks out there, any time there is an incident of that nature, [01:50:21.100 --> 01:50:29.100] whether a car touches yours or you theirs or an individual is involved or whatever, [01:50:29.100 --> 01:50:34.100] immediately look around you and collect as many license plate numbers as you can, [01:50:34.100 --> 01:50:38.100] immediately, because these people will drive away. [01:50:38.100 --> 01:50:40.100] They don't want to be involved. [01:50:40.100 --> 01:50:44.100] Even if they're sitting there watching what's going on, they're going to get out of there. [01:50:44.100 --> 01:50:46.100] They don't want to be tied down to having to be there. [01:50:46.100 --> 01:50:50.100] So you're going to have to tie them down because they're not going to come forward voluntarily. [01:50:50.100 --> 01:50:53.100] I can guarantee you that. [01:50:53.100 --> 01:50:57.100] The fact that this woman was willing to rush up to you and become that aggressive [01:50:57.100 --> 01:51:03.100] shows most likely that she is very well aware that you were set up and she is participating. [01:51:03.100 --> 01:51:09.100] You might want to take these two people's names and go down and check the court records. [01:51:09.100 --> 01:51:10.100] That's right. [01:51:10.100 --> 01:51:12.100] See how many times they've done this. [01:51:12.100 --> 01:51:14.100] See how many lawsuits are involved in it. [01:51:14.100 --> 01:51:20.100] What you have brought up is very interesting because after I got out of the car, [01:51:20.100 --> 01:51:24.100] there's even a question of how she told the police when she was right behind me. [01:51:24.100 --> 01:51:28.100] It's impossible she could have been behind me and parked on the opposite side of the street. [01:51:28.100 --> 01:51:31.100] She should have crashed into my car. [01:51:31.100 --> 01:51:33.100] So she's lying. [01:51:33.100 --> 01:51:40.100] But she was somewhat affable and said, well, you know, I'm an unemployed bookkeeper. [01:51:40.100 --> 01:51:42.100] Well, isn't that a sign already? [01:51:42.100 --> 01:51:48.100] And she said also that she had been a witness recently in two other pedestrian business [01:51:48.100 --> 01:51:50.100] over motor cases. [01:51:50.100 --> 01:51:52.100] But I heard that from no one else. [01:51:52.100 --> 01:51:54.100] So checking the court records. [01:51:54.100 --> 01:51:57.100] She lives in Thousand Oaks, which is a different county. [01:51:57.100 --> 01:51:58.100] That's Ventura County. [01:51:58.100 --> 01:52:00.100] This is in Sonoma County. [01:52:00.100 --> 01:52:02.100] It's a great way to do a record check. [01:52:02.100 --> 01:52:03.100] This is important. [01:52:03.100 --> 01:52:04.100] This is one of my questions. [01:52:04.100 --> 01:52:05.100] Can we check it? [01:52:05.100 --> 01:52:08.100] I have the names of these people. [01:52:08.100 --> 01:52:12.100] If you have their names, the first thing I'd find out is have they lived together? [01:52:12.100 --> 01:52:15.100] Have they shared an address, a phone number? [01:52:15.100 --> 01:52:16.100] Wait a minute. [01:52:16.100 --> 01:52:18.100] They're witnesses. [01:52:18.100 --> 01:52:23.100] Have the prosecution run a criminal history on them? [01:52:23.100 --> 01:52:27.100] Now, the prosecution is the police ministry. [01:52:27.100 --> 01:52:30.100] Ask the police officer to run a criminal history. [01:52:30.100 --> 01:52:31.100] Do it in writing. [01:52:31.100 --> 01:52:35.100] Just file a motion to the court, ask for criminal history on the witnesses. [01:52:35.100 --> 01:52:39.100] You have a right to test their credibility. [01:52:39.100 --> 01:52:40.100] All right. [01:52:40.100 --> 01:52:44.100] And there's no law that would prevent me from using prior cases in this instance? [01:52:44.100 --> 01:52:45.100] Absolutely not. [01:52:45.100 --> 01:52:48.100] If they've been convicted, in fact, if they've been convicted, they're dead on. [01:52:48.100 --> 01:53:00.100] They can't use prior cases against you, but you can use prior history of a witness to test the witnesses' credibility. [01:53:00.100 --> 01:53:04.100] Yeah, to discredit the credibility of a witness. [01:53:04.100 --> 01:53:07.100] Yeah, search these two people out good. [01:53:07.100 --> 01:53:08.100] Run them on the Internet. [01:53:08.100 --> 01:53:10.100] See what you find. [01:53:10.100 --> 01:53:13.100] Are there any on the Internet that could really do a dragnet on them? [01:53:13.100 --> 01:53:16.100] Yeah. [01:53:16.100 --> 01:53:17.100] Well, I'm not sure. [01:53:17.100 --> 01:53:22.100] That's not something I've done much of, but I'm sure there's a lot of resources on the Internet. [01:53:22.100 --> 01:53:28.100] And also, the courts can search their records for a name. [01:53:28.100 --> 01:53:36.100] Now that they have everything in computers, then go in there and search for a name. [01:53:36.100 --> 01:53:41.100] Ask the clerk if she can search to see if a witness name comes up. [01:53:41.100 --> 01:53:46.100] Yeah, you can also have the officer run a fingerprint check on, too. [01:53:46.100 --> 01:53:53.100] Well, what I'm trying to find is where they show up in a court case as a witness rather than a principal. [01:53:53.100 --> 01:53:57.100] As a principal, you won't find them directly in the court record. [01:53:57.100 --> 01:54:06.100] But if they can search their, do a document search, which they're able to now, search for the name and the documents, they can find them. [01:54:06.100 --> 01:54:17.100] You know, tell the clerk that you believe these two women are involved in this scam where one of them, one guy stops a car, another runs into it and falls down. [01:54:17.100 --> 01:54:20.100] The other, the third one runs up as a witness. [01:54:20.100 --> 01:54:27.100] What are you saying, that they scan in all the documents and use OCR to have it all electronically? [01:54:27.100 --> 01:54:35.100] Yeah, I had, when I went to Williamson County, they were able to run names and they could do a lot of searches. [01:54:35.100 --> 01:54:39.100] Can they do cross-counties? I don't think so in California, but I could quickly. [01:54:39.100 --> 01:54:48.100] California is trying to go to an all paperless court. So was Arizona when I was there. [01:54:48.100 --> 01:54:49.100] All right. [01:54:49.100 --> 01:54:51.100] I'm sorry, Nevada, Nevada. [01:54:51.100 --> 01:54:56.100] So perhaps go online and then run the search on the different, at least the three counties nearby. [01:54:56.100 --> 01:55:08.100] Yes. And then, then call the clerk and ask them to, you know, tell them that you believe these women are involved in these scams where they're scamming insurance companies. [01:55:08.100 --> 01:55:12.100] And if so, they'll show up as witnesses. [01:55:12.100 --> 01:55:16.100] Now, the witnesses of this one bookkeeper, a girl and her boyfriend, they showed up later. [01:55:16.100 --> 01:55:19.100] They said that they were already there. The officer used the word stations. [01:55:19.100 --> 01:55:28.100] And I just looked him in the eye and he rolled his eyes and he shrugged his shoulders. And, you know, he understands. He's a good man. [01:55:28.100 --> 01:55:38.100] If he understands, you know, he is not your enemy. It's his job to find, if he's acting as a prosecution, then it's his job to do both sides. [01:55:38.100 --> 01:55:50.100] Ask him to get you a criminal history on all of these witnesses and see if they show up as witnesses in any other similar incidents. [01:55:50.100 --> 01:55:57.100] If you get his attention, he might find a good bust here and do your homework for you. [01:55:57.100 --> 01:56:02.100] What if he doesn't? What if we don't find anything? I mean, what if they settle out of court? I got the impression. [01:56:02.100 --> 01:56:11.100] You know worse than you were to start with. I mean, if you don't find anything, then decide. [01:56:11.100 --> 01:56:20.100] But if you do, if you find that they were witnesses in a whole bunch of cases and then you go to the cases and call the litigants. [01:56:20.100 --> 01:56:26.100] Is there any database of insurance out of court settlements? [01:56:26.100 --> 01:56:28.100] No, not specifically. [01:56:28.100 --> 01:56:36.100] Not usually because out of court settlements are usually private agreements with nondisclosure riders. [01:56:36.100 --> 01:56:40.100] Raise this issue with your insurance provider. [01:56:40.100 --> 01:56:46.100] I have already and I have not received an answer. It's AAA. And they're withholding, paying them any money. [01:56:46.100 --> 01:56:51.100] There was no, the person wasn't hurt at all, but she's got a $6,000 hospital bill. [01:56:51.100 --> 01:56:59.100] And so there was no damage whatsoever, but they were AAA withholding it, pending what happens to me in the next criminal case. [01:56:59.100 --> 01:57:06.100] Okay. That may not be big enough for them to spend a lot of time, but these may be good contacts. [01:57:06.100 --> 01:57:12.100] If that's what these people do, then they may be involved in other scams. [01:57:12.100 --> 01:57:16.100] So at least it'd be worth checking the court records. [01:57:16.100 --> 01:57:23.100] I'm sure they are. And I think the girl that was, I heard you, I'm sorry. Yes, absolutely. [01:57:23.100 --> 01:57:29.100] And I think the girl is 22. Her father did show up. I don't think the parents know about this. [01:57:29.100 --> 01:57:35.100] I think the brain is this unemployed bookkeeper. And so the parents have talked to an attorney. [01:57:35.100 --> 01:57:41.100] I don't know for sure who knows, but I know the girl has no insurance. She told that. [01:57:41.100 --> 01:57:48.100] She also confessed that she was on the phone. Is there a way to subpoena or otherwise find phone records for these people? [01:57:48.100 --> 01:57:54.100] I don't think the phone records would help you. If she's admitted she's on the phone, that's probably all you need. [01:57:54.100 --> 01:57:59.100] Well, they swore that they didn't know one another before the accident. If I can prove they are... [01:57:59.100 --> 01:58:03.100] If she's calling her on the phone, yes, you could do that. [01:58:03.100 --> 01:58:12.100] If she said she was on the phone, then you ask the subpoena the phone records because you believe she was talking to the victims. [01:58:12.100 --> 01:58:15.100] How do I subpoena phone records? [01:58:15.100 --> 01:58:20.100] You just write up a subpoena. Ask the clerk how to put together a subpoena. She'll tell you. [01:58:20.100 --> 01:58:28.100] You'll probably have a phone for it. That's a subpoena du sticum. Du sticum means with documents, subpoena documents. [01:58:28.100 --> 01:58:35.100] A subpoena du sticum? Yeah, sure. I know. Let my blacks down anyway. But that's another story. [01:58:35.100 --> 01:58:37.100] Okay, I'm sorry. We're out of time. [01:58:37.100 --> 01:58:43.100] Yeah, we're out of time. Henry, thanks for calling in. Do some of this homework over the next couple of days and call us back on Thursday. [01:58:43.100 --> 01:58:47.100] All right, if I have any trouble I will ring you back. I'll let you know how this goes. [01:58:47.100 --> 01:58:48.100] Okay. Okay, great. [01:58:48.100 --> 01:58:49.100] Update us anyway. [01:58:49.100 --> 01:58:59.100] Okay, thanks. We'll be back Thursday night. This is the rule of law. [01:59:20.100 --> 01:59:28.100] If you are a Chucky, Chucky, somebody chuck from me. [01:59:28.100 --> 01:59:35.100] I like to step in your way, don't touch my side. I'm dangerous, I'm dangerous. [01:59:35.100 --> 01:59:42.100] I like to step in your way, don't touch my side. I'm dangerous, dangerous. [01:59:42.100 --> 01:59:49.100] I like to step in your way, don't touch my side. I'm dangerous, dangerous. [01:59:49.100 --> 02:00:12.100] It's a dream, let's move. You better dream, let's move.