[00:00.000 --> 00:04.600]  This news brief brought to you by the International News Net.
[00:04.600 --> 00:10.240]  Russian secret service agents admitted Saturday the hacked climate change emails were uploaded
[00:10.240 --> 00:16.520]  on a Siberian internet server, but strenuously denied it was a state-sponsored operation
[00:16.520 --> 00:19.520]  to wreck the Copenhagen summit.
[00:19.520 --> 00:24.200]  Brazil's government plans to create a truth commission to investigate torture used by
[00:24.200 --> 00:27.800]  its 1964-85 dictatorship.
[00:27.800 --> 00:33.840]  A government study last year concluded that 475 people were killed or disappeared at the
[00:33.840 --> 00:38.080]  hands of security forces during the military regime.
[00:38.080 --> 00:43.360]  At least 16 Afghan policemen were killed Sunday after gunmen attacked two police posts in
[00:43.360 --> 00:46.080]  the provinces of Baglan and Helmand.
[00:46.080 --> 00:49.560]  The post in Baglan had been set up to protect NATO convoys.
[00:49.560 --> 00:56.120]  No group has claimed responsibility for the attacks.
[00:56.120 --> 01:02.000]  Barack Obama Sunday slammed fat cat bankers and their aggressive lobbying efforts to defeat
[01:02.000 --> 01:03.720]  financial reform.
[01:03.720 --> 01:08.360]  He said on the TV program 60 Minutes, I did not run for office to be helping out a bunch
[01:08.360 --> 01:13.520]  of fat cat bankers on Wall Street, adding, what's really frustrating me right now is
[01:13.520 --> 01:18.600]  that you've got these same banks who benefited from taxpayer assistance who are fighting
[01:18.600 --> 01:24.680]  tooth and nail with their lobbyists, fighting against financial regulatory control.
[01:24.680 --> 01:30.920]  Federal services interests spent $344 million on lobbying in the first three quarters of
[01:30.920 --> 01:32.920]  2009.
[01:32.920 --> 01:38.600]  A major financial reform bill passed by the House Friday that creates a consumer financial
[01:38.600 --> 01:44.200]  protection agency and limits on derivatives trading includes loopholes.
[01:44.200 --> 01:49.280]  The bill does not include measures that would break up big banks or address the mixing of
[01:49.280 --> 01:58.000]  commercial and investment banking by giant firms like JP Morgan Chase and Goldman Sachs.
[01:58.000 --> 02:03.960]  The CIA has terminated a contract with a security company formerly called Blackwater Worldwide
[02:03.960 --> 02:10.440]  that allowed the company to load bombs on CIA drones in Pakistan and Afghanistan.
[02:10.440 --> 02:16.140]  The contract gave company employees an operational role in the CIA's drone operation which has
[02:16.140 --> 02:19.960]  killed dozens of militants and hundreds of civilians.
[02:19.960 --> 02:25.920]  The contract with the company now called Zee Services was cancelled this year by CIA Director
[02:25.920 --> 02:30.080]  Leon Panetta after the New York Times blew its cover.
[02:30.080 --> 02:35.640]  A CIA spokesman said Panetta had ordered the agency's employees to take over the jobs from
[02:35.640 --> 02:41.520]  Zee employees at drone bases in Pakistan and Afghanistan and that he had also ordered a
[02:41.520 --> 02:44.560]  review of all contracts with the company.
[02:44.560 --> 02:49.880]  The disclosure of the terminated contract comes a day after the Times reported Blackwater
[02:49.880 --> 03:19.160]  employees had joined CIA operatives in secret snatch and grab operations in Iraq and Afghanistan.
[03:19.160 --> 03:38.320]  As a part, the CIA's
[03:38.320 --> 03:50.320]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:50.320 --> 03:56.320]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:56.320 --> 04:01.320]  When you were eight and you had bad trees You'd go to school and learn the golden rule
[04:01.320 --> 04:06.320]  So why are you acting like a bloody fool? If you get hot, then you must get cool
[04:06.320 --> 04:25.320]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:25.320 --> 04:29.320]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:29.320 --> 04:33.320]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:33.320 --> 04:41.720]  when we come for you, Randy Kelton, Eddie Craig, Deborah Stevens, and tonight is Eddie's
[04:41.720 --> 04:49.760]  Night by popular demand. It was requested that Eddie have his own show, but Eddie does
[04:49.760 --> 04:54.400]  not have time to do yet another show. He's already on the air three nights a week with
[04:54.400 --> 04:59.160]  us and sometimes does other radio shows as well. And so what we are doing in lieu of
[04:59.160 --> 05:04.760]  adding an additional show for Eddie is we are giving Eddie Monday Nights. Monday Nights
[05:04.760 --> 05:12.320]  is Eddie Night, Traffic Night. So folks out there, you have questions on traffic tickets,
[05:12.320 --> 05:17.920]  traffic issues, transportation code issues. Tonight's your night to call in about all
[05:17.920 --> 05:25.320]  these sorts of matters. And of course, Randy and I are going to be here as well to assist.
[05:25.320 --> 05:29.820]  And I believe Eddie has some folks lined up to call in concerning their traffic ticket
[05:29.820 --> 05:34.040]  issues. But before we start, and callers, you're welcome to go ahead and call in now,
[05:34.040 --> 05:42.840]  512-646-1984. We're going to start off by going over a motion to dismiss document that
[05:42.840 --> 05:47.640]  is going to be part of the seminar materials. All right, I have good news on the seminar
[05:47.640 --> 05:52.960]  materials. I finally finished editing the audio. I was going to try to get everything
[05:52.960 --> 06:00.120]  uploaded and finished mastering and all that and have secured downloads, set up links with
[06:00.120 --> 06:04.640]  passwords and usernames, all these things. It wasn't possible, but I did finally get
[06:04.640 --> 06:10.360]  the editing finished. It was a huge job. There was so much to do, but I finally got it finished.
[06:10.360 --> 06:13.800]  You guys are going to love it. Now all they have to do is just a little polishing mastering
[06:13.800 --> 06:20.720]  work and the audio will be ready to go. And so by Thursday, we should have everything
[06:20.720 --> 06:28.560]  complete and ready for download and to be purchased directly at Brave New Books as well.
[06:28.560 --> 06:35.000]  And Eddie has been working on new documents for the seminar package material, some motions
[06:35.000 --> 06:40.040]  to dismiss. Those of you who are at the seminar, most of the remedies we gave were criminal
[06:40.040 --> 06:45.640]  complaints and lawsuits, original petition lawsuits in a state district court and a civil
[06:45.640 --> 06:52.160]  cross complaint in the municipal court. But Eddie had not finished the documents that
[06:52.160 --> 06:57.000]  would be needed to actually adjudicate in a defensive way. You know, you have to defend
[06:57.000 --> 07:05.800]  yourself from your accusation as well as filing proactive offensive documents such as a lawsuit.
[07:05.800 --> 07:09.100]  So Eddie hadn't quite finished with that yet by the time of the seminar, but he's been
[07:09.100 --> 07:16.320]  working fast and furious on motions to dismiss and other such documents. And so that will
[07:16.320 --> 07:21.480]  be available in the seminar material packages as well. And for the folks who were at the
[07:21.480 --> 07:26.680]  seminar, you all will get these documents too because that was part of the deal that
[07:26.680 --> 07:31.120]  you all would get updates and any future documents that would be added to the package.
[07:31.120 --> 07:37.040]  But before we start going over the documents, I just want to have another update on 9.1.
[07:37.040 --> 07:44.160]  The donations have been flooding in. We've received almost $2,800 in donations so far,
[07:44.160 --> 07:50.560]  which just brings a tear to my eye the amount of adoration and how much people support the
[07:50.560 --> 07:57.440]  radio station here. And it's really very moving. And so people just keep it up because we could
[07:57.440 --> 08:04.520]  be facing some very steep expenses. We may have to fly to Washington, D.C. to adjudicate
[08:04.520 --> 08:10.240]  this matter in the federal appellate court in Washington, D.C. We may end up in the Supreme
[08:10.240 --> 08:15.840]  Court, okay? So we are going to need some money. So if folks can make a monthly donation,
[08:15.840 --> 08:21.600]  please do give whatever you can. Please, every little bit helps. There's going to be filing
[08:21.600 --> 08:28.320]  fees. Worst comes to worst, worst case scenario, we may end up having to come up with 20 grand
[08:28.320 --> 08:34.320]  to pay for the forfeitures of the individuals that have put literally everything they own
[08:34.320 --> 08:39.640]  on the line here to get this message out to you guys. So we need to show some respect
[08:39.640 --> 08:47.320]  and appreciation for the folks who have been in the shadows for years that have put everything
[08:47.320 --> 08:52.240]  on the line to get this message to you. So please, let's not kick them to the curb and
[08:52.240 --> 08:56.560]  leave them out in the lurch to come up with 10 grand apiece if necessary. We really need
[08:56.560 --> 09:01.640]  to show support. So I'd say, you know, it's a good thing. We're a little over 10 percent
[09:01.640 --> 09:06.240]  of the way to 20 grand and hopefully it won't go that far, you know, and if we manage to
[09:06.240 --> 09:09.960]  raise the money and we don't have to pay the forfeitures and we can put that money, the
[09:09.960 --> 09:15.240]  operators of 90.1 can take that money and put it towards new and better equipment for
[09:15.240 --> 09:21.280]  the radio station to reach more people with a stronger signal here in Austin and to put
[09:21.280 --> 09:27.600]  up more transmitters in other cities. They want to put up transmitters in San Antonio,
[09:27.600 --> 09:34.480]  Dallas, Fort Worth. So the money will be used for a good purpose, whether we have to pay
[09:34.480 --> 09:39.320]  their forfeitures or whether they can use the money to put up more stations and better
[09:39.320 --> 09:43.840]  equipment. So please keep the donations coming and please keep the letters coming. We have
[09:43.840 --> 09:50.080]  almost 400 letters so far. This is wonderful. We'd like to get a couple thousand. So anyway,
[09:50.080 --> 09:56.440]  that's the update on 90.1. Very excited, very happy about that. Very good news. We're whoop
[09:56.440 --> 10:01.880]  whoop in these guys. They don't have an oath of office. We did get verification from a
[10:01.880 --> 10:06.800]  listener in Houston that actually went to the physical location. It is a mailboxes,
[10:06.800 --> 10:11.680]  et cetera. So these guys are actually, it looks right now like they're trying to avoid
[10:11.680 --> 10:18.120]  service, which is a felony in Texas, avoiding service by hiding behind a PO box. So we'll
[10:18.120 --> 10:25.700]  be dealing with that. There'll be an update on that later on in a week or so. So without
[10:25.700 --> 10:33.080]  any further ado delay, tonight is Eddie's night. So we see guys from Arkansas. Just
[10:33.080 --> 10:38.440]  hang tight and we'll get to you in just a minute. But right now, Eddie wants to discuss
[10:38.440 --> 10:44.160]  some of these new documents that will be available in the seminar package, which is about going
[10:44.160 --> 10:50.040]  to be available hopefully this Thursday for $250. You'll get the audio immediately. The
[10:50.040 --> 10:53.640]  video is not ready yet. I had to finish the audio first before we could even start the
[10:53.640 --> 10:58.120]  video editing. You'll get the audio right now, plus all of Eddie's and Randy's and
[10:58.120 --> 11:03.880]  my documents. And then you'll get the video later when it's complete. So all right, go
[11:03.880 --> 11:08.640]  ahead, Eddie. So tell us about this motion to dismiss that we were looking over. I looked
[11:08.640 --> 11:13.120]  it over last night and you and Randy looked it over today. So give us the low down.
[11:13.120 --> 11:18.520]  We've actually got several motions to dismiss that we're getting done here. What I'm trying
[11:18.520 --> 11:24.080]  to do is I am trying to break a motion to dismiss up for each particular subject matter
[11:24.080 --> 11:30.640]  that the court likes to charge you with. And it's almost always more than one thing they
[11:30.640 --> 11:37.840]  try to come up with. So in order to prevent a blanket dismissal, we put in a separate
[11:37.840 --> 11:46.400]  motion for each of the particular charges. And we demand a point of statutory authority
[11:46.400 --> 11:54.280]  and citations of law and so on and so forth on any response to this. Basically, it's just
[11:54.280 --> 11:59.480]  like Jurisdictionary says. When it says flurry of motions, that's exactly what we intend
[11:59.480 --> 12:04.680]  to produce. I am breaking these up and let me give you a little overview of how we're
[12:04.680 --> 12:09.080]  going to organize this so that when you do download the seminar material, you'll know
[12:09.080 --> 12:15.880]  where to start looking for things. Okay. Basically, it's going to be organized in several folders.
[12:15.880 --> 12:24.120]  One of which is going to say something similar to counter suit. And that's going to be where
[12:24.120 --> 12:29.640]  we put all the documents related to the counter suit that we're going to file against the
[12:29.640 --> 12:35.640]  officials. Then we're going to have a folder for criminal complaints. And inside that folder
[12:35.640 --> 12:41.720]  for criminal complaints, they will be divided up according to who you're going after for
[12:41.720 --> 12:47.200]  the criminal complaint. We've got judges and clerks. We've got the attorney for the state.
[12:47.200 --> 12:52.480]  That will apply to whatever attorney is acting in place of the attorney for the state. We've
[12:52.480 --> 12:58.840]  got a law enforcement folder. These folders will contain complaints directed at that particular
[12:58.840 --> 13:05.920]  type of public servant. Now, I will also try to set up the individual complaints to show
[13:05.920 --> 13:12.920]  how you write one against a superior versus the peon that actually calls the problem to
[13:12.920 --> 13:18.720]  begin with. Basically, we have to associate the two of them together and we have to show
[13:18.720 --> 13:24.240]  that one was working under the direction of another. So that's what we're going to be
[13:24.240 --> 13:27.680]  working toward in the criminal complaints and how we're going to organize those for
[13:27.680 --> 13:34.800]  that purpose. Now, the other thing that we're going to have is we're going to have a folder
[13:34.800 --> 13:40.720]  that is called Stages and you'll see Stage 1, Stage 2, Stage 3, Stage 4. These are going
[13:40.720 --> 13:47.920]  to be the particular point of the process. Stage 1, you've got issued a ticket. You're
[13:47.920 --> 13:52.080]  going to take all of your documentation and your chronology. That's all going to be in
[13:52.080 --> 13:57.440]  the Stage 1 folder. Stage 1 is what you do at the beginning. And beneath that Stage 1,
[13:57.440 --> 14:02.400]  you can organize that however you like as far as if you have a ticket in your hometown
[14:02.400 --> 14:07.760]  or the next town over, you can break it up according to where you're working. Round 2
[14:07.760 --> 14:14.640]  will be everything that you go down and gather out of the court document itself, X number
[14:14.640 --> 14:19.760]  of days after the ticket has been issued. Basically, they give you 10 days or are supposed
[14:19.760 --> 14:25.120]  to give you 10 days to go down and get your stuff in order as far as getting your motions
[14:25.120 --> 14:29.640]  to dismiss, file, and so on and so forth. The problem is you have no information on which
[14:29.640 --> 14:34.720]  to file any paperwork. So what we're going to do is we're going to wait three or four
[14:34.720 --> 14:39.040]  days after the issuance of a ticket. We're going to go down to the court clerk and we're
[14:39.040 --> 14:44.800]  going to demand to see the folder that contains everything to do with this ticket. When you're
[14:44.800 --> 14:50.440]  there, hopefully you will be able to get certified copies of everything that's in that folder
[14:50.440 --> 14:55.800]  as of that date and at that time. I highly recommend that once you get that paperwork
[14:55.800 --> 15:03.000]  home, if you have the means, scan it into your computer and store it into Stage 2. With
[15:03.000 --> 15:08.920]  Stage 2, any of that documentation you have, if you need assistance, then you can send
[15:08.920 --> 15:14.800]  those scanned documents to Randy or I and we can review exactly what the paperwork is
[15:14.800 --> 15:19.080]  so we know what's going on, what's there, what isn't there, and this gives us a point
[15:19.080 --> 15:23.840]  to say, okay, here's what's supposed to be here, here's what's not here. Or the complaint
[15:23.840 --> 15:29.560]  says this when it should say this, so the complaint's invalid, so on and so forth. Basically
[15:29.560 --> 15:33.920]  we're going to try to work this up so that this all works out and keeps you folks going
[15:33.920 --> 15:40.280]  through a step-by-step process because unfortunately as much as we would like to, we just don't
[15:40.280 --> 15:46.280]  have the time in the day to do everything for everybody all the time. I wish I did,
[15:46.280 --> 15:50.600]  but I don't. And so what I'm hoping to do is get this set up in such a way that at the
[15:50.600 --> 15:55.480]  very least you have a ladder and you know how to climb the ladder and that's what we're
[15:55.480 --> 16:03.000]  going to work toward on this. Stage 3 is going to be a final check on the folder plus the
[16:03.000 --> 16:08.920]  paperwork that you need to prepare for trial in case you have to go to trial. Now in this
[16:08.920 --> 16:14.040]  Stage 3, we've got all the things that we've prepared to do our dismissals and so on and
[16:14.040 --> 16:21.400]  so forth, okay? We've started preparing for everything just in case we have to go to trial.
[16:21.400 --> 16:28.080]  Stage 4 is going to be all the documents that we prepare for trial, okay? So we'll keep
[16:28.080 --> 16:32.360]  everything broken up by stages and hopefully you'll be able to organize it within that
[16:32.360 --> 16:36.760]  so you can find and use whatever you need. But that's what we're shooting for. We'll
[16:36.760 --> 16:38.560]  cover some more of this momentarily.
[16:38.560 --> 16:44.280]  Alright, we'll be right back. We're going to continue on with these stages and phases
[16:44.280 --> 16:49.520]  in the docs. We see Guy, Susan, just hang on the line. We will be taking your calls.
[16:49.520 --> 16:55.160]  Callers who want to call in and ask Eddie about traffic issues, 512-646-1984. We'll
[16:55.160 --> 16:56.160]  be right back.
[16:56.160 --> 17:03.720]  Do you feel tired when talking about important topics like money and politics?
[17:03.720 --> 17:04.720]  Sorry!
[17:04.720 --> 17:07.640]  Are you confused by words like the Constitution or the Federal Reserve?
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[17:08.640 --> 17:13.760]  If so, you may be diagnosed with the deadliest disease known today, stupidity. Hi, my name
[17:13.760 --> 17:17.960]  is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity
[17:17.960 --> 17:22.680]  at an early age. I had no idea that the number one cause of the disease is found in almost
[17:22.680 --> 17:28.080]  every home in America, the television. Unfortunately, that puts most Americans at risk of catching
[17:28.080 --> 17:32.600]  stupidity, but there is hope. The staff at Brave New Books have helped me and thousands
[17:32.600 --> 17:37.120]  of other foxaholics suffering from sports zombieism recover, and because of Brave New
[17:37.120 --> 17:42.640]  Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested.
[17:42.640 --> 17:50.640]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503
[17:50.640 --> 17:54.680]  or visit them at 1904Guadalupe or bravenewbookstore.com.
[17:54.680 --> 17:58.080]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary
[17:58.080 --> 18:23.280]  in an overall increase in mental functioning. Okay, we are back. Okay, Eddie, you were talking
[18:23.280 --> 18:28.760]  about the stages and going over these documents. Okay. Now, that's how we're going to keep
[18:28.760 --> 18:34.600]  it organized. Criminal complaints, so on and so forth. Now, on these individual documents,
[18:34.600 --> 18:39.120]  the ones that I have prepared at the moment that I still need to be finishing up some
[18:39.120 --> 18:43.920]  final work on before we get them ready for you guys on Thursday, we are going to have
[18:43.920 --> 18:49.380]  a motion to dismiss based upon the Administrative Procedures Act. We're going to have a motion
[18:49.380 --> 18:56.160]  to dismiss. No inspection required. No insurance required. These are going to be each individual
[18:56.160 --> 19:04.520]  motions. No CDL required. Motion to dismiss because no information was filed by the prosecutor.
[19:04.520 --> 19:12.380]  Motion to dismiss for lack of a valid complaint. Motion to dismiss officer is without authority.
[19:12.380 --> 19:17.920]  Motion to dismiss registration not required. Motion to dismiss, right turn on red. You
[19:17.920 --> 19:23.840]  know, I mean, just anything these guys can throw at you. And then we're going to have
[19:23.840 --> 19:30.440]  a brief in support for each of these. If we have to go to trial, the brief in support
[19:30.440 --> 19:36.080]  is going to deal with the traveling is a right issue and all of the case law in support of
[19:36.080 --> 19:41.740]  that right. And based upon, you know, everything that we learned in the seminar, all the case
[19:41.740 --> 19:46.600]  law that's in the beginning of the seminar material and so on and so forth, which is
[19:46.600 --> 19:51.740]  going to be the hardest thing for them to argue against is the case law because of course,
[19:51.740 --> 19:57.920]  they all love the case law. Now, one of my favorite motions is the petition requiring
[19:57.920 --> 20:06.080]  the prosecutor to show authority to prosecute. This petition to show authority, this addresses
[20:06.080 --> 20:13.480]  the issue of a city attorney acting as an attorney for the state. This is where everything
[20:13.480 --> 20:18.640]  in a municipal court is going to come to a massive head really quick because you're going
[20:18.640 --> 20:24.000]  to cause a few jaws to hit the floor when this one is introduced. Basically, you're
[20:24.000 --> 20:30.120]  going to be accusing an open court, the prosecuting attorney of impersonating a public servant
[20:30.120 --> 20:37.040]  and you're going to be accusing the judge of colluding with that impersonation. And
[20:37.040 --> 20:43.360]  this motion substantiates that through the law itself. The judge should have been aware
[20:43.360 --> 20:47.720]  the prosecutor didn't have the authority to do this. The prosecutor should have been
[20:47.720 --> 20:53.000]  aware they didn't have the authority to do this. And so, we're going to be going through
[20:53.000 --> 20:58.240]  that hot and heavy. Now, the motion that Deborah is speaking of directly is dealing with the
[20:58.240 --> 21:04.120]  officer having no authority to enforce. And I'll go briefly through what we're dealing
[21:04.120 --> 21:13.480]  with here. Okay. Now, the prosecutor, okay, just like in the, I'm sorry, back over here
[21:13.480 --> 21:17.480]  a second, just like what I did in the first part of the seminar material, the first thing
[21:17.480 --> 21:25.960]  I wanted to address was the prosecution's attempt to prevent you from discussing the
[21:25.960 --> 21:32.080]  law in front of the jury or asking specific questions of law to the police officer. And
[21:32.080 --> 21:36.080]  what we've done is we've taken the Code of Criminal Procedure where it specifically states
[21:36.080 --> 21:43.960]  that it is the duty of any prosecutor to ensure that everything that can be used to prove
[21:43.960 --> 21:50.040]  innocence as well as guilt is brought out in court. And so, the very first thing this
[21:50.040 --> 21:57.560]  motion does is to attack that point and say very succinctly that any effort by the prosecution
[21:57.560 --> 22:04.400]  to block introduction of the statutes, to block introduction of case law, to block questions
[22:04.400 --> 22:10.000]  on the officer's authority to enforce that law are in fact a due process violation and
[22:10.000 --> 22:14.160]  a violation of law in and of itself. So, we're going...
[22:14.160 --> 22:21.840]  It's also considered to be unethical conduct. The American Bar Association Standards for
[22:21.840 --> 22:31.440]  the Prosecutorial Function, Standard 3-3.11, I remember that one because I called a prosecuting
[22:31.440 --> 22:39.400]  attorney to the stand and I crammed it right down his throat because he refrained from
[22:39.400 --> 22:45.340]  pursuing evidence solely because that evidence would show the innocence of the accused or
[22:45.340 --> 22:52.400]  mitigate the guilt of the accused. The canon says that it is unethical conduct to do that.
[22:52.400 --> 22:58.480]  Good. I'll add a copy of that canon to this motion as well then. That's one thing I'm
[22:58.480 --> 23:02.760]  missing but I don't know if I'm missing much more. Okay. And this is how we're going to
[23:02.760 --> 23:08.000]  show that just for a quick overview. Code of Criminal Procedure Article 1.03 says it's
[23:08.000 --> 23:13.520]  very straightforward. Objects of this code. This code is intended to embrace rules applicable
[23:13.520 --> 23:18.520]  to the prevention and prosecution of offenses against the laws of this state and to make
[23:18.520 --> 23:23.400]  the rules of procedure in respect to the prevention and punishment of offenses intelligible to
[23:23.400 --> 23:29.280]  the officers who are to act under them and to all persons whose rights are to be affected
[23:29.280 --> 23:34.680]  by them. So, what the legislature is attempting in their own little way to say here is we
[23:34.680 --> 23:40.700]  tried to write the articles in the Code of Criminal Procedure so that anybody can understand
[23:40.700 --> 23:46.960]  them correctly. So, anything the prosecutor or any other attorney tries to say is, oh,
[23:46.960 --> 23:51.640]  you're reading it wrong. You just don't understand it. Oh, I beg to differ. The legislature said
[23:51.640 --> 23:57.560]  they intentionally wrote this so that everybody could understand it. Now, beneath that, it
[23:57.560 --> 24:04.440]  shows six things that this section and this code requires or is trying to set up. Number
[24:04.440 --> 24:11.840]  4 is our important one. To bring to the investigation of each offense on the trial all the evidence
[24:11.840 --> 24:20.280]  tending to produce conviction or acquittal. Okay? That's exactly what we're going for.
[24:20.280 --> 24:26.340]  They have to produce all the evidence, whether it proves you're innocent or guilty. Basically,
[24:26.340 --> 24:32.440]  this is setting up the prosecution to prove the defense's case for them in a large degree.
[24:32.440 --> 24:42.280]  Now, Chapter 2, Article 2.01 of the Code of Criminal Procedure, duties of district attorneys.
[24:42.280 --> 24:46.120]  Each district attorney shall represent the state in all criminal cases in the district
[24:46.120 --> 24:50.840]  courts of his district and in appeals therefrom, except in cases where he has been before his
[24:50.840 --> 24:55.840]  election employed adversely, when any criminal proceeding is had before an examining court
[24:55.840 --> 25:01.160]  in his district or before a judge upon habeas corpus, and he is notified of the same and
[25:01.160 --> 25:05.880]  is at the time within his district, he shall represent the state therein unless prevented
[25:05.880 --> 25:11.780]  by other official duties. Now, here's where it deviates. It no longer discusses just the
[25:11.780 --> 25:19.080]  district attorney. It shall be the primary duty of all prosecuting attorneys, including
[25:19.080 --> 25:26.720]  any special prosecutors, not to convict, but to see that justice is done. They shall not
[25:26.720 --> 25:34.680]  suppress facts or secrete witnesses capable of establishing the innocence of the accused.
[25:34.680 --> 25:41.400]  So right there, it's written right into Texas law, these things are what they must do. These
[25:41.400 --> 25:49.120]  things are things they violate with total impunity and regularity. We are going to change
[25:49.120 --> 25:56.040]  that. If luck is with us and God blesses us, we will make attorneys too afraid to even
[25:56.040 --> 25:59.960]  be attorneys. Wouldn't the world be such a grand place?
[25:59.960 --> 26:07.480]  All right. Now, part of the things we're dealing with in this complaint, the other thing that
[26:07.480 --> 26:12.320]  almost always happens, the folder is going to be missing one of two things, and this
[26:12.320 --> 26:19.000]  motion attacks that directly. The folder either misses a complaint entirely or misses the
[26:19.000 --> 26:26.960]  information which must accompany the complaint. The complaint alone does not give the court
[26:26.960 --> 26:32.560]  jurisdiction to hear the cause, except for the purposes of an examining trial, which
[26:32.560 --> 26:41.520]  they never do. Okay? Not in the traffic case anyway. The complaint must meet certain specific
[26:41.520 --> 26:50.840]  statutory criteria. Article 45.019 of the Code of Criminal Procedure is where the statutory
[26:50.840 --> 26:58.080]  requirements for the municipal court exist. Okay? And in that, it lays it out very clearly
[26:58.080 --> 27:04.200]  that a complaint shall be acceptable regardless of form as long as it has these things on
[27:04.200 --> 27:09.440]  it. And it gives a very specific detailed list. Well, the first thing you want to do
[27:09.440 --> 27:15.880]  is see if you have a complaint. Is the complaint in the folder? Now, first thing you look at
[27:15.880 --> 27:20.560]  if there is a complaint in the folder, did the officer that wrote the ticket sign the
[27:20.560 --> 27:25.440]  complaint? If they're not the same officer, there's the first thing you want to make notice
[27:25.440 --> 27:30.840]  of and use to your advantage, because what that means is you're going to have one officer
[27:30.840 --> 27:35.160]  in court testifying to the ticket. You're going to have a different officer testifying
[27:35.160 --> 27:41.640]  to the complaint. If the officer on the complaint is the only one that shows up and he is not
[27:41.640 --> 27:46.960]  the one that issued the ticket, the material fact witness is not present. Anything this
[27:46.960 --> 27:52.480]  officer would attempt to say in relation to that ticket is hearsay and it is inadmissible.
[27:52.480 --> 27:58.240]  Okay? So, that's why you want to be aware of who signed the complaint and who signed
[27:58.240 --> 28:03.120]  the ticket. The next thing that should be in the folder is going to be the information.
[28:03.120 --> 28:08.320]  The information can be on the same document as the complaint, but it has to be separately
[28:08.320 --> 28:15.200]  signed and it has to be signed by the prosecuting attorney. Or there may be a separate document
[28:15.200 --> 28:20.680]  that says information, but it should contain the same basic information as the complaint
[28:20.680 --> 28:27.120]  with a slight variation. The information, according to what I've read, must contain
[28:27.120 --> 28:34.720]  the specific fact elements that they must prove to make the charge. The fact elements
[28:34.720 --> 28:40.960]  on the information are the things that they have to prove. If they can't prove each of
[28:40.960 --> 28:49.200]  those elements, that charge can't stand. Okay? One of the things that we're also attacking
[28:49.200 --> 28:55.240]  straight up front is most of these JP courts especially are bad about this. And that is
[28:55.240 --> 29:01.560]  that they like to just prosecute you on the ticket all by itself. Can't do that. The ticket
[29:01.560 --> 29:08.080]  does not meet any of the statutory requisites of a complaint. And even if it has every single
[29:08.080 --> 29:17.400]  word on it that the law says must be on a complaint, 99.9% of the time when the officer
[29:17.400 --> 29:24.120]  signs it, he signs it on the side of the road. Well, that document for it to be valid must
[29:24.120 --> 29:30.640]  be signed in front of a judge, a notary, a clerk, or a prosecuting district attorney.
[29:30.640 --> 29:39.080]  And we'll go more over that when we get back. All right. We'll be right back. Guy and Susan,
[29:39.080 --> 30:00.120]  just hang on. We'll get to you as soon as Eddie finishes this up. I'll be right back.
[30:00.120 --> 30:17.720]  Thank you so much for talking to me, Eddie.
[30:17.720 --> 30:21.720]  If you don't have a lawyer, know what you should do for yourself.
[30:21.720 --> 30:26.720]  Thousands have won with our step-by-step course, and now you can too.
[30:26.720 --> 30:32.720]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[30:32.720 --> 30:37.720]  Even if you're not in a lawsuit, you can learn what everyone should understand
[30:37.720 --> 30:41.720]  about the principles and practices that control our American courts.
[30:41.720 --> 30:47.720]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[30:47.720 --> 30:50.720]  pro se tactics, and much more.
[30:50.720 --> 30:59.720]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[30:59.720 --> 31:13.720]  Yes, I got a warrant, and I'm going to solve them, to the end government them, prosecute them.
[31:13.720 --> 31:17.720]  Okay.
[31:17.720 --> 31:20.720]  All set.
[31:20.720 --> 31:29.720]  This is a race for Dr. Bush. This is a race for Dr. Teen.
[31:29.720 --> 31:34.720]  Well, I know it's a prosecutor to come and help me prosecute them wicked leaders.
[31:34.720 --> 31:39.720]  You see, they're all liars. They're liars. They tell sick stories.
[31:39.720 --> 31:44.720]  They don't believe me, so what do they tell me? 3% of Americans vote for Bush.
[31:44.720 --> 31:49.720]  So how the hell did he get the presidency? That's why I have a warrant for him.
[31:49.720 --> 31:53.720]  Everybody listen carefully. It's into the world. All the issues have passed.
[31:53.720 --> 32:02.720]  This is a race for Mr. Bush. This is a warrant for Dr. Teen.
[32:02.720 --> 32:12.720]  This is a race for Dr. Bush. This is a warrant for Dr. Teen.
[32:12.720 --> 32:17.720]  Well, we're not forget mums field. Warrant for him. All the cheney. Warrant for him.
[32:17.720 --> 32:22.720]  Fight about the citizens in the country. Them getting so mad and them getting angry.
[32:22.720 --> 32:27.720]  We have some warrant we need to solve. Need a prosecutor to come and help me.
[32:27.720 --> 32:32.720]  Prosecutors from any state will do. Come over and let me show them too.
[32:32.720 --> 32:37.720]  Hear them tell you what me a tell you. 3 issues passed. This is the truth. That is truth.
[32:37.720 --> 32:42.720]  Hey Silverstein, you do. You get the citizens arrest too.
[32:42.720 --> 32:47.720]  Silverstein and Hamilton Teen. You know them and them and them not clean.
[32:47.720 --> 32:52.720]  Everybody bring them in. So we could solve them with warranting.
[32:52.720 --> 32:56.720]  They no more need to quarantine. You know them like Mr. Hiddens.
[32:56.720 --> 33:05.720]  This is a race for Mr. Bush. This is a race for Richard.
[33:05.720 --> 33:14.720]  This is a race for Mr. Bush. This is a race for Richard.
[33:14.720 --> 33:19.720]  All these guys in the three suit suit. All them a do them a tell lie to it.
[33:19.720 --> 33:24.720]  In them three suit suit and tie. And them a walk and a turn a fly.
[33:24.720 --> 33:29.720]  That's why we have to persecute them. And we have to let them know we no play.
[33:29.720 --> 33:33.720]  Put your finger, go and feel away. Tell the truth here in America me say.
[33:33.720 --> 33:38.720]  Only 3% vote for Mr. Bush. How the hell did man become presidency?
[33:38.720 --> 33:43.720]  Man you know I want to come and receive. So I have a citizens arrest for Mr. Bush.
[33:43.720 --> 33:48.720]  Have a warrant for Richard.
[33:48.720 --> 33:52.720]  Okay. We are back. Sorry. Discussing some things on the break here.
[33:52.720 --> 33:57.720]  All right. Eddie, go ahead. And Guy, Susan, we'll get to you guys this segment.
[33:57.720 --> 33:59.720]  All right. Go ahead, Eddie.
[33:59.720 --> 34:03.720]  Okay. Basically, folks, this is a fairly extensive document.
[34:03.720 --> 34:05.720]  It's about 40 pages long.
[34:05.720 --> 34:14.720]  So what we're going to do is we're going to break this up over the first half hour of the show on Monday night for the next couple of weeks or so,
[34:14.720 --> 34:19.720]  so that we can go through this piece by piece and you're going to see that we're breaking it up into the same stages.
[34:19.720 --> 34:21.720]  Here's where the officer went wrong in stage one.
[34:21.720 --> 34:26.720]  Here's where the officer went wrong in stage two. And so on and so on and so on.
[34:26.720 --> 34:28.720]  And we're going to address it in such a way.
[34:28.720 --> 34:30.720]  Randy and I were talking about that before showtime tonight.
[34:30.720 --> 34:34.720]  We were going through it and realigning how we needed to set this up in the judge's mind.
[34:34.720 --> 34:37.720]  What we want to start doing is thinking like the judge in the document.
[34:37.720 --> 34:39.720]  Where is he trying to go with this?
[34:39.720 --> 34:40.720]  Why is he trying to go there?
[34:40.720 --> 34:43.720]  And how does he intend to prove this point?
[34:43.720 --> 34:51.720]  And get him asking those questions and actually reading the document, trying to find a way to prove that the document is wrong,
[34:51.720 --> 34:56.720]  which hopefully will benefit us when he's sitting there scratching his head with his thumb up his nose going,
[34:56.720 --> 34:59.720]  I can't find a way out of this.
[34:59.720 --> 35:00.720]  But that's what we're shooting for.
[35:00.720 --> 35:05.720]  So with all that, we will reserve for the continuance of this until next Monday evening
[35:05.720 --> 35:10.720]  so we can start taking your calls and seeing what issues we've got to deal with out there.
[35:10.720 --> 35:12.720]  So if at all possible, let's bring Susan up.
[35:12.720 --> 35:16.720]  I know she's been trying to get in touch with me for at least three days or so.
[35:16.720 --> 35:19.720]  Okay, so we're going to bring Susan up first. Guy, just hold on the line.
[35:19.720 --> 35:24.720]  I know you called him first, but just hold on the line because actually Susan has been trying to get in touch with Eddie,
[35:24.720 --> 35:28.720]  and she waited on hold I think on Friday or she was going to call in on Friday,
[35:28.720 --> 35:30.720]  but then we weren't taking calls on these issues on Friday.
[35:30.720 --> 35:34.720]  So Susan has been trying to get in touch for many days, maybe even weeks.
[35:34.720 --> 35:35.720]  Susan, thanks for calling in.
[35:35.720 --> 35:37.720]  What is your question for Eddie?
[35:37.720 --> 35:38.720]  Hi, Eddie.
[35:38.720 --> 35:42.720]  Thank you for responding to my needs for your help.
[35:42.720 --> 35:43.720]  Yes, ma'am, not a problem.
[35:43.720 --> 35:46.720]  I'm sorry I didn't call you when Steve gave me your number.
[35:46.720 --> 35:47.720]  That's not his fault, by the way.
[35:47.720 --> 35:49.720]  I want to make sure everybody knows that.
[35:49.720 --> 35:54.720]  I closed my Skype down because it was so late by the time we got the number for you.
[35:54.720 --> 35:55.720]  I opened it up the next morning.
[35:55.720 --> 35:59.720]  It had cleared out all my conversations, and I didn't have your phone number anymore.
[35:59.720 --> 36:03.720]  And also, by the way, folks out there, we've got a new email address for Eddie.
[36:03.720 --> 36:05.720]  It's eddie at ruleoflawradio.com.
[36:05.720 --> 36:07.720]  So Eddie is official now.
[36:07.720 --> 36:12.720]  He's got his own email address at ruleoflawradio.com, eddie at ruleoflawradio.com.
[36:12.720 --> 36:13.720]  Okay, so go ahead.
[36:13.720 --> 36:14.720]  Okay, great.
[36:14.720 --> 36:20.720]  All right, what I was having problems with was these surcharges from Austin.
[36:20.720 --> 36:22.720]  I live in Texas.
[36:22.720 --> 36:26.720]  They told me I have seven tickets and 21 surcharges.
[36:26.720 --> 36:28.720]  Now, I don't understand how that works.
[36:28.720 --> 36:38.720]  But anyway, the total amount was $8,200, and I had a minimum payment monthly of $1,340 a month.
[36:38.720 --> 36:44.720]  This is what the lady told me when I called the Municipal Service Bureau of the Driver Responsibility
[36:44.720 --> 36:48.720]  Surcharging Process Department of the State of Texas.
[36:48.720 --> 36:56.720]  I had to write them a letter and ask for verified copies of all my outstanding tickets
[36:56.720 --> 37:00.720]  and any other amounts that I owe.
[37:00.720 --> 37:03.720]  I haven't received any response from them as of yet.
[37:03.720 --> 37:06.720]  I just needed to know how to resolve this issue.
[37:06.720 --> 37:08.720]  I want to be able to drive.
[37:08.720 --> 37:13.720]  I haven't driven for numerous amount of years.
[37:13.720 --> 37:17.720]  I don't want to be arrested every time they see me.
[37:17.720 --> 37:22.720]  I've been living in the same town since 1973.
[37:22.720 --> 37:26.720]  They know me by my face.
[37:26.720 --> 37:31.720]  Every time they see me, of course, because of all my traffic stops,
[37:31.720 --> 37:36.720]  all the times they've stopped me over traffic issues.
[37:36.720 --> 37:42.720]  They've really become aware of who I am, and I just look like an easy target to them.
[37:42.720 --> 37:44.720]  And they end up throwing me in jail.
[37:44.720 --> 37:50.720]  Well, anyway, I need to know how to resolve this, and I'd like to be able to drive again.
[37:50.720 --> 37:55.720]  So anything you can do to help me, I'm willing to learn.
[37:55.720 --> 37:59.720]  Okay, so they're telling you that you have seven outstanding tickets?
[37:59.720 --> 38:04.720]  No, I have served time in jail for each ticket that I did.
[38:04.720 --> 38:09.720]  And then whenever I got out of jail, I served time in the city jail,
[38:09.720 --> 38:13.720]  and I also served time in county jail for the seven tickets
[38:13.720 --> 38:17.720]  because I didn't have the money to pay for the tickets.
[38:17.720 --> 38:19.720]  Well, let me ask you a question.
[38:19.720 --> 38:21.720]  Okay.
[38:21.720 --> 38:27.720]  For each of these tickets, were you in your private automobile when these tickets were issued?
[38:27.720 --> 38:28.720]  Yes.
[38:28.720 --> 38:29.720]  Okay.
[38:29.720 --> 38:31.720]  You were not engaged in commerce?
[38:31.720 --> 38:33.720]  No.
[38:33.720 --> 38:35.720]  Your automobile is not a taxicab?
[38:35.720 --> 38:37.720]  No.
[38:37.720 --> 38:38.720]  Or a shuttle bus?
[38:38.720 --> 38:39.720]  No.
[38:39.720 --> 38:41.720]  Or an 18-wheeler, right?
[38:41.720 --> 38:42.720]  It is not.
[38:42.720 --> 38:44.720]  Or even a Greyhound bus?
[38:44.720 --> 38:46.720]  No, it's not.
[38:46.720 --> 38:47.720]  Okay.
[38:47.720 --> 38:52.720]  So my next question is, just how much money would you like them to pay you?
[38:52.720 --> 38:56.720]  Well, they took my car, put it in impound through me in jail.
[38:56.720 --> 39:06.720]  By the time I got out of jail, the impound fee had risen so high that I was unable to pay for it.
[39:06.720 --> 39:12.720]  The men at the impound fee said I had to pay it immediately and it had to be all cash.
[39:12.720 --> 39:17.720]  And they were wanting close to $3,000 cash to get the car back.
[39:17.720 --> 39:18.720]  So they took my vehicle.
[39:18.720 --> 39:21.720]  I no longer have a vehicle because of it.
[39:21.720 --> 39:28.720]  And then I have these 21 surcharges, which the state of Texas calls me at least once a week
[39:28.720 --> 39:35.720]  and threatens to throw me in jail again if I don't pay the surcharges because under what they say,
[39:35.720 --> 39:42.720]  under the Driver Responsibility Act, I owe these amounts for these surcharges.
[39:42.720 --> 39:43.720]  Okay.
[39:43.720 --> 39:44.720]  I have a question.
[39:44.720 --> 39:45.720]  Okay.
[39:45.720 --> 39:51.720]  When does the City of Austin call you?
[39:51.720 --> 39:54.720]  Do they tell you first thing that they're a debt collector?
[39:54.720 --> 39:56.720]  No, they do not.
[39:56.720 --> 39:57.720]  $1,000.
[39:57.720 --> 39:58.720]  Yep.
[39:58.720 --> 40:00.720]  That was going to be my next thing.
[40:00.720 --> 40:01.720]  Okay.
[40:01.720 --> 40:06.720]  What they have a problem with here, this is called the Fair Debt Collection Practices Act.
[40:06.720 --> 40:07.720]  Okay.
[40:07.720 --> 40:13.720]  The Fair Debt Collection Practices Act forbids them, state agency or not,
[40:13.720 --> 40:18.720]  forbids them to continue to call you and harass you over a debt.
[40:18.720 --> 40:20.720]  Okay.
[40:20.720 --> 40:24.720]  You tell them you want to be talked to strictly through paperwork.
[40:24.720 --> 40:26.720]  That's what they're required to do.
[40:26.720 --> 40:27.720]  Right.
[40:27.720 --> 40:32.720]  Well, when I first called the woman, this was back in August, she refused.
[40:32.720 --> 40:41.720]  She said, no, I will not send you a copy of your tickets and I will not send you any copy of the surcharges.
[40:41.720 --> 40:43.720]  We do that once a year.
[40:43.720 --> 40:52.720]  And because you haven't responded since 2002 was when these occurred, we have taken you off our list
[40:52.720 --> 40:57.720]  and we do not send out, we do not mail out paperwork to you any longer.
[40:57.720 --> 40:58.720]  We will not do that.
[40:58.720 --> 41:07.720]  I can tell you what they are over the telephone and you can write them down and then mail money into them from what I tell you.
[41:07.720 --> 41:10.720]  And so I just thought that was absurd.
[41:10.720 --> 41:12.720]  And did you get this woman's name?
[41:12.720 --> 41:13.720]  No.
[41:13.720 --> 41:17.720]  She refused to give me her name and she told me she didn't have an employee number.
[41:17.720 --> 41:23.720]  So, you know, I just said, well, this is just craziness and I just, you know.
[41:23.720 --> 41:24.720]  Okay.
[41:24.720 --> 41:34.720]  I'm willing to bet, Randy, $100 right here, right now that this is not a state official or a state office that's doing this.
[41:34.720 --> 41:39.720]  I ain't taking that bet.
[41:39.720 --> 41:40.720]  Okay.
[41:40.720 --> 41:46.720]  What you've got is a private contractor and they are attempting to steal money from you.
[41:46.720 --> 41:53.720]  I can guarantee you there is no way in high heaven you have seven tickets and 21 additional surcharges.
[41:53.720 --> 41:54.720]  I didn't understand that.
[41:54.720 --> 41:56.720]  There's nothing in the statute that allows that.
[41:56.720 --> 41:59.720]  Absolutely nothing that allows that.
[41:59.720 --> 42:06.720]  Would she be able to look up in her file to see if she actually does have that many tickets and surcharges?
[42:06.720 --> 42:12.720]  She can go down and have the municipal court print out everything that's allegedly has ever been issued to her.
[42:12.720 --> 42:14.720]  Yeah, that's what I'm talking about.
[42:14.720 --> 42:16.720]  Okay.
[42:16.720 --> 42:23.720]  Now, what you want to do, first and foremost, can you go to the municipal court and not go to jail?
[42:23.720 --> 42:25.720]  Yes, I believe I can.
[42:25.720 --> 42:27.720]  I don't think I'll have any problems with that.
[42:27.720 --> 42:28.720]  All right.
[42:28.720 --> 42:30.720]  What you want then, go to the municipal court.
[42:30.720 --> 42:31.720]  Okay.
[42:31.720 --> 42:41.720]  Tell them you need a printout of every citation you have been issued and the total amount of fines associated with that ticket
[42:41.720 --> 42:49.720]  and the total amount of money that you have taken off that by the time served.
[42:49.720 --> 42:50.720]  Okay.
[42:50.720 --> 42:51.720]  All right?
[42:51.720 --> 42:52.720]  Okay.
[42:52.720 --> 42:56.720]  Basically, if there's whatever's left should be an outstanding balance.
[42:56.720 --> 42:57.720]  Okay.
[42:57.720 --> 42:58.720]  Okay.
[42:58.720 --> 43:06.720]  Now, what is in that computer is all the money that if you actually owed it to begin with you would owe now.
[43:06.720 --> 43:07.720]  Right.
[43:07.720 --> 43:11.720]  And I guarantee you it's not going to be what these other people are telling you.
[43:11.720 --> 43:21.720]  What you've got is a debt collection firm that is trying to steal money from you by making you believe they work for the state, and they don't.
[43:21.720 --> 43:25.720]  Well, they say they're the Municipal Services Bureau.
[43:25.720 --> 43:28.720]  There's no such animal.
[43:28.720 --> 43:29.720]  Yeah.
[43:29.720 --> 43:31.720]  They're just a debt collector.
[43:31.720 --> 43:32.720]  Yes.
[43:32.720 --> 43:33.720]  All right.
[43:33.720 --> 43:34.720]  Hang on the line, Susan.
[43:34.720 --> 43:35.720]  Thank you.
[43:35.720 --> 43:36.720]  Okay.
[43:36.720 --> 43:37.720]  We'll be right back.
[43:37.720 --> 43:38.720]  Guy, you're next.
[43:38.720 --> 43:46.720]  Other callers who would like to call in and speak to Eddie about traffic issues, 512-646-1984.
[43:46.720 --> 43:58.720]  We'll be right back.
[43:58.720 --> 43:59.720]  Attention.
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[45:12.720 --> 45:38.720]  All right, watching the sparks fly.
[45:38.720 --> 45:43.720]  And Eddie just found a bit of interesting information over the break.
[45:43.720 --> 45:50.720]  But before he goes into that, Susan, I don't know if you listened to our show on Friday.
[45:50.720 --> 46:02.720]  You may want to download the archive we had Michael Miras on, who is the third-party debt collector expert on how to stop these guys and their fraud.
[46:02.720 --> 46:05.720]  And you may want to get his package.
[46:05.720 --> 46:15.720]  It's only $150. We offer it here on Rule of Law Radio Network of how to deal with third-party debt collectors, how to stop them dead in their tracks.
[46:15.720 --> 46:18.720]  There's a link on the home page.
[46:18.720 --> 46:24.720]  If you scroll about halfway down, if you go to ruleoflawradio.com, well, it's not even halfway down.
[46:24.720 --> 46:26.720]  It's just a little ways down.
[46:26.720 --> 46:32.720]  Right underneath where all the pictures are of the broadcasters, you'll see, excuse me, a couple of banners.
[46:32.720 --> 46:37.720]  There's a blue one. That's Mike Miras's, how to stop debt collectors, step-by-step instructions.
[46:37.720 --> 46:48.720]  This is the jurisdictionary of how to stop debt collectors, how to deal with credit card issues and third-party debt collectors and these sorts of things.
[46:48.720 --> 46:51.720]  He is extremely knowledgeable.
[46:51.720 --> 46:53.720]  This is a wonderful package.
[46:53.720 --> 46:58.720]  And also, we are going to include in the package for free, since we offer them for download for free already,
[46:58.720 --> 47:04.720]  the two shows that Michael Miras was a guest on four hours each time.
[47:04.720 --> 47:12.720]  So you'll get eight hours of audio of Michael Miras explaining this stuff, plus his package, and he also takes personal consultations.
[47:12.720 --> 47:21.720]  And folks, you really, if you have any kind of third-party debt collector problems at all, you need to get this package and even possibly have Michael Miras help you.
[47:21.720 --> 47:28.720]  He's won six federal lawsuits against debt collectors successfully.
[47:28.720 --> 47:30.720]  And it doesn't really matter what the debt is anyway.
[47:30.720 --> 47:32.720]  It's about the fact that they break the law.
[47:32.720 --> 47:34.720]  So I would highly recommend that.
[47:34.720 --> 47:36.720]  We sold a bunch over the weekend already.
[47:36.720 --> 47:45.720]  And folks, keep in mind that when you buy Michael Miras's package, a portion of the proceeds go to Rule of Law Radio Network.
[47:45.720 --> 47:47.720]  So it helps keep the network on the air.
[47:47.720 --> 47:55.720]  When you buy Jurisdictionary through us or when you buy Michael Miras's third-party debt collector package, you are supporting the network.
[47:55.720 --> 47:58.720]  So keep that in mind.
[47:58.720 --> 47:59.720]  Go ahead, Randy.
[47:59.720 --> 48:02.720]  You had a comment?
[48:02.720 --> 48:03.720]  Randy?
[48:03.720 --> 48:04.720]  Yes.
[48:04.720 --> 48:16.720]  What this thing will do, what Michael Miras's procedure will show you how to do is how to count up the fines that you get to claim against this debt collector.
[48:16.720 --> 48:24.720]  If every time they call you and don't tell you first off that they're a debt collector, third-party debt collector, $1,000.
[48:24.720 --> 48:29.720]  And according to Michael, it's a civil rights violation.
[48:29.720 --> 48:30.720]  Yes.
[48:30.720 --> 48:32.720]  You sue them in the federal court.
[48:32.720 --> 48:34.720]  The debt doesn't have anything to do with it.
[48:34.720 --> 48:35.720]  Right.
[48:35.720 --> 48:36.720]  They committed these acts.
[48:36.720 --> 48:39.720]  They get a $1,000 penalty.
[48:39.720 --> 48:40.720]  You get the money.
[48:40.720 --> 48:41.720]  You get the money.
[48:41.720 --> 48:49.720]  And not only that, if you send them a dispute letter, usually you have 30 days to dispute the alleged debt.
[48:49.720 --> 48:57.720]  If you send them a dispute letter within that 30 days, all attempts at debt collection must stop until the issue is resolved.
[48:57.720 --> 49:03.720]  If they continue to call you, $1,000 a pop every time they do.
[49:03.720 --> 49:09.720]  Boy, me and Jerry are about to whoop some serious credit card behind around here.
[49:09.720 --> 49:17.720]  I mean, we've got dozens and dozens and dozens of phone calls from some credit card people after we've disputed the debt.
[49:17.720 --> 49:21.720]  I mean, we could sue these people for about $120,000 right now at $1,000 a pop.
[49:21.720 --> 49:27.720]  In case you're wondering why all this is relevant, Susan, it's because this is a debt collector case.
[49:27.720 --> 49:28.720]  Yes.
[49:28.720 --> 49:29.720]  See, I looked them up.
[49:29.720 --> 49:30.720]  That's exactly what they are.
[49:30.720 --> 49:31.720]  Go ahead, Eddie.
[49:31.720 --> 49:33.720]  Tell us what you discovered over the break.
[49:33.720 --> 49:40.720]  There are numerous, numerous complaints listed against this company.
[49:40.720 --> 49:44.720]  They are a legitimate contractor, sort of.
[49:44.720 --> 49:51.720]  They go around seeking business contracts to collect outstanding debts with governmental agencies.
[49:51.720 --> 49:54.720]  The problem is that they pad the debt.
[49:54.720 --> 49:56.720]  Well, guess what?
[49:56.720 --> 50:02.720]  Texas law forbids the padding of a debt.
[50:02.720 --> 50:03.720]  I mean, for instance...
[50:03.720 --> 50:05.720]  What does that mean, Eddie, padding a debt?
[50:05.720 --> 50:07.720]  They're adding on their own surcharges to it?
[50:07.720 --> 50:09.720]  They're adding on fees and surcharges to it.
[50:09.720 --> 50:10.720]  It can't be done.
[50:10.720 --> 50:12.720]  Texas law is very specific.
[50:12.720 --> 50:14.720]  Say a perfect example.
[50:14.720 --> 50:23.720]  If you have a bounce check from a customer, say for instance, even though your bank charges you fees for the bounce check
[50:23.720 --> 50:27.720]  and you have a return check fee that you pass on to the customer,
[50:27.720 --> 50:34.720]  if you take that check down to the district attorney or the county attorney to have them collect on that check,
[50:34.720 --> 50:43.720]  they'll tell you right up front Texas law forbids them collecting any additional monies other than the amount of the check.
[50:43.720 --> 50:51.720]  And this applies from what I've been told to my face to any type of outstanding debt in Texas,
[50:51.720 --> 50:59.720]  which means late fees and all this other stuff that people try to charge to you are illegal under Texas law.
[50:59.720 --> 51:02.720]  Okay.
[51:02.720 --> 51:03.720]  All right.
[51:03.720 --> 51:06.720]  Well, then I have a starting point.
[51:06.720 --> 51:07.720]  Okay.
[51:07.720 --> 51:10.720]  By any chance, have you been keeping a phone log?
[51:10.720 --> 51:12.720]  Yes, I have.
[51:12.720 --> 51:13.720]  Good.
[51:13.720 --> 51:14.720]  Perfect.
[51:14.720 --> 51:17.720]  You got more than three phone calls from these people?
[51:17.720 --> 51:18.720]  Yes, I have.
[51:18.720 --> 51:20.720]  Then get you a running count.
[51:20.720 --> 51:23.720]  Yes, I've been keeping a list of it every time they call.
[51:23.720 --> 51:32.720]  You write down name, date, time they called you, a brief description of what they called you about,
[51:32.720 --> 51:37.720]  and then make you a little check mark whether or not they said this is an attempt to collect a debt,
[51:37.720 --> 51:40.720]  and we are so and so attempting to collect this debt.
[51:40.720 --> 51:41.720]  They've never said that?
[51:41.720 --> 51:44.720]  They've never said that, and they won't say that.
[51:44.720 --> 51:53.720]  Susan, you can sue them for $1,000 a pop every time they've called you under the Fair Debt Collections Act.
[51:53.720 --> 51:54.720]  Wonderful.
[51:54.720 --> 51:58.720]  So as I said, how much money would you like them to pay?
[51:58.720 --> 52:02.720]  Well, Eddie, it looks like it's going to be quite a bit by the time I get through with them,
[52:02.720 --> 52:04.720]  because they have called me.
[52:04.720 --> 52:07.720]  Last week they called at least 10 times.
[52:07.720 --> 52:08.720]  Okay.
[52:08.720 --> 52:09.720]  Now, here's the thing.
[52:09.720 --> 52:10.720]  Okay.
[52:10.720 --> 52:17.720]  The Michael Meares information that Debra is talking about, get your hands on that.
[52:17.720 --> 52:18.720]  What is it, Debra, $150?
[52:18.720 --> 52:21.720]  It's $150, and believe me, it's well worth it.
[52:21.720 --> 52:23.720]  He slashed the price in half.
[52:23.720 --> 52:29.720]  He did have his package available for $300, but he decided to cut the price in half,
[52:29.720 --> 52:34.720]  because he's not doing this to make money, so to speak.
[52:34.720 --> 52:42.720]  He's got other ways of getting his income, of paying his bills, but he does have experience do this.
[52:42.720 --> 52:47.720]  Like I said, he's won six federal cases against third-party debt collectors,
[52:47.720 --> 52:50.720]  and so he just wants to make the information available to people,
[52:50.720 --> 52:55.720]  but he has to charge something, and plus it's a way to support the network.
[52:55.720 --> 53:02.720]  So I don't want to violate a contract, but I will say that a considerable amount of the proceeds
[53:02.720 --> 53:04.720]  go to support the network.
[53:04.720 --> 53:06.720]  It's a screaming deal for $150.
[53:06.720 --> 53:10.720]  You'll learn how to file a lawsuit against these people pro se,
[53:10.720 --> 53:14.720]  and 99% of the time you're never even going to make it to court anyway.
[53:14.720 --> 53:20.720]  These guys are going to make you an offer to settle out of court before it even gets that far,
[53:20.720 --> 53:26.720]  because they have to hire lawyers to deal with you at sometimes $400 or $500 an hour.
[53:26.720 --> 53:28.720]  Now, here's the thing, though, Susan.
[53:28.720 --> 53:30.720]  Don't give in to them.
[53:30.720 --> 53:31.720]  Right.
[53:31.720 --> 53:34.720]  Don't let them run the tab on you of,
[53:34.720 --> 53:38.720]  well, how about if we just wipe it out to a clean slate and call it even,
[53:38.720 --> 53:39.720]  and we'll leave you alone?
[53:39.720 --> 53:41.720]  No, make them pay you.
[53:41.720 --> 53:42.720]  They have to pay you.
[53:42.720 --> 53:44.720]  You get money out of them,
[53:44.720 --> 53:51.720]  and you make sure that they do not sell any of this debt to any other collection agency,
[53:51.720 --> 53:55.720]  and you're going to make them give you all of that in writing,
[53:55.720 --> 53:58.720]  and Michael's material will tell you exactly how to do that.
[53:58.720 --> 53:59.720]  Okay.
[53:59.720 --> 54:04.720]  Now, Eddie, what about her traffic issues?
[54:04.720 --> 54:06.720]  That's a different issue.
[54:06.720 --> 54:07.720]  That's a different story, right?
[54:07.720 --> 54:10.720]  No, because once she gets the money from these guys,
[54:10.720 --> 54:13.720]  any outstanding amount she's got left on her traffic tickets,
[54:13.720 --> 54:15.720]  which I'm assuming by the way she's talking,
[54:15.720 --> 54:19.720]  she's not interested in going the route of telling them she'll never need a license again.
[54:19.720 --> 54:21.720]  No, I don't need a license again.
[54:21.720 --> 54:23.720]  I'm not afraid to tell them that.
[54:23.720 --> 54:30.720]  Okay, well, but the problem is if you do go back to traveling around in a car without one,
[54:30.720 --> 54:32.720]  the fight's going to be there,
[54:32.720 --> 54:36.720]  and you have to be willing to do it to do what I do with it,
[54:36.720 --> 54:39.720]  and that's the only thing because I don't have a license.
[54:39.720 --> 54:40.720]  I will never again get a license.
[54:40.720 --> 54:41.720]  Yeah.
[54:41.720 --> 54:43.720]  No plates on my car, none of that stuff.
[54:43.720 --> 54:45.720]  And Susan, if you want to go that route,
[54:45.720 --> 54:49.720]  then what you need to do is you need to get our traffic seminar materials for starters.
[54:49.720 --> 54:51.720]  Okay.
[54:51.720 --> 54:58.720]  And then go over those, listen, like I said, that will be available on Thursday for sure
[54:58.720 --> 55:01.720]  because I know I keep saying it's going to be ready, it's going to be ready,
[55:01.720 --> 55:04.720]  but people, you just have no idea how much work to say.
[55:04.720 --> 55:05.720]  Everything but the video.
[55:05.720 --> 55:07.720]  Everything but the video will be available on Thursday.
[55:07.720 --> 55:09.720]  I've finished the editing.
[55:09.720 --> 55:11.720]  I will finish the mastering tonight,
[55:11.720 --> 55:16.720]  and then that will give me a couple of days to be able to set up the secure download links
[55:16.720 --> 55:19.720]  and means for people to pay and all this kind of thing.
[55:19.720 --> 55:23.720]  It will give me and Randy a chance and Eddie to finalize the documents,
[55:23.720 --> 55:27.720]  so that should be good to go for Thursday.
[55:27.720 --> 55:28.720]  Okay.
[55:28.720 --> 55:35.720]  Well, that's fine because I'm financially not able to purchase it at this time,
[55:35.720 --> 55:38.720]  but in February I will be able to.
[55:38.720 --> 55:39.720]  Sure.
[55:39.720 --> 55:42.720]  Well, it sounds like you need Mike Maris' material more than Eddie's right now.
[55:42.720 --> 55:43.720]  Yes.
[55:43.720 --> 55:46.720]  And that will give you time to rack up a few more fines.
[55:46.720 --> 55:49.720]  Yeah, by then you'll be able to afford the traffic seminar.
[55:49.720 --> 55:53.720]  You could be having your own condo by February.
[55:53.720 --> 55:55.720]  Wouldn't that be wonderful?
[55:55.720 --> 55:57.720]  I would love that.
[55:57.720 --> 55:58.720]  Okay.
[55:58.720 --> 56:01.720]  Well, I sure appreciate your help.
[56:01.720 --> 56:07.720]  I wanted to ask, is there an address where I could reach you to correspond with you
[56:07.720 --> 56:10.720]  in the event that I might need to?
[56:10.720 --> 56:12.720]  I don't have a computer,
[56:12.720 --> 56:16.720]  and so I was wondering if you had a mailing address or something, where are they?
[56:16.720 --> 56:19.720]  Well, I'm actually renting part of a house from a friend of mine,
[56:19.720 --> 56:21.720]  so it's actually his address.
[56:21.720 --> 56:22.720]  Right.
[56:22.720 --> 56:23.720]  And I kind of...
[56:23.720 --> 56:29.720]  If you want to send a letter to Eddie, you can send it to the rule of law radio address, Susan.
[56:29.720 --> 56:30.720]  Okay.
[56:30.720 --> 56:31.720]  Yeah, let me give that to you.
[56:31.720 --> 56:33.720]  You don't have a computer, is that what you said?
[56:33.720 --> 56:34.720]  Yes, I don't have one.
[56:34.720 --> 56:37.720]  Okay, the PO box for rule of law radio.
[56:37.720 --> 56:42.720]  And people, please don't go to this address trying to find me, okay?
[56:42.720 --> 56:43.720]  I've had...
[56:43.720 --> 56:45.720]  It's a private business establishment.
[56:45.720 --> 56:49.720]  I mean, it's open to the public, but it's a Planet K, if you want to be honest with what it is, all right?
[56:49.720 --> 56:55.720]  But it's like they've been telling me that people are going there looking for me, okay?
[56:55.720 --> 56:57.720]  This is not our office.
[56:57.720 --> 57:01.720]  Rule of law radio does not have an office, okay?
[57:01.720 --> 57:07.720]  And the caller number, 512-646-1984 is for call-ins to the show.
[57:07.720 --> 57:10.720]  There is no office phone number for rule of law radio network.
[57:10.720 --> 57:12.720]  There is no hotline to Deborah.
[57:12.720 --> 57:15.720]  There's no hotline to Eddie or Randy, okay?
[57:15.720 --> 57:22.720]  We bust our behinds all day long, all night long, all the time to put the show on the air
[57:22.720 --> 57:25.720]  and to do other things that we need to do for the show and for the radios.
[57:25.720 --> 57:27.720]  So please don't try to find us there.
[57:27.720 --> 57:28.720]  You will not find us there.
[57:28.720 --> 57:30.720]  It's a PO box, all right?
[57:30.720 --> 57:31.720]  I'll tell you that right now.
[57:31.720 --> 57:36.720]  It's like Stephen Lee operating out of the PO box at mailboxes, et cetera, okay?
[57:36.720 --> 57:40.720]  I'm thinking about setting up a hotline to Randy's beer fund.
[57:40.720 --> 57:42.720]  A hotline to Randy's beer fund, yeah, okay.
[57:42.720 --> 57:44.720]  Maybe that one will fly.
[57:44.720 --> 57:49.720]  But at any rate, it's a street address, mailing address, not a PO box,
[57:49.720 --> 57:54.720]  so that we can get deliveries of packages there because FedEx and UPS won't deliver to a PO box.
[57:54.720 --> 57:58.720]  So at any rate, that's the story, so don't come stalking us there, all right?
[57:58.720 --> 58:09.720]  The address is 1516 South Lamar, number 112, Austin, Texas, 78704.
[58:09.720 --> 58:24.720]  That's 1516 South Lamar, L-A-M-A-R, number 112, Austin, Texas, 78704.
[58:24.720 --> 58:25.720]  Okay, great.
[58:25.720 --> 58:26.720]  Thank you so very much.
[58:26.720 --> 58:30.720]  I appreciate your time, and I'll be listening.
[58:30.720 --> 58:32.720]  All right, thank you, Susan.
[58:32.720 --> 58:34.720]  All right, we're at the top of the hour.
[58:34.720 --> 58:43.720]  We will be back on the other side of the news, and we'll take Guy from Arkansas, 512-646-1984
[58:43.720 --> 58:58.720]  for folks who'd like to call into the show, and we will be right back.
[58:58.720 --> 59:01.720]  This is Randall Kelton from Rule of Law Radio.
[59:01.720 --> 59:05.720]  Many of you have been helped by the informative programming on 90.1.
[59:05.720 --> 59:07.720]  Now, 90.1 needs your help.
[59:07.720 --> 59:12.720]  The operators of 90.1 are in a legal battle with the FCC to stay on the air,
[59:12.720 --> 59:17.720]  and they need letters from your listeners testifying that 90.1 serves the public interest
[59:17.720 --> 59:21.720]  by bringing truthful news and information that no other station does.
[59:21.720 --> 59:24.720]  Brave New Books is not associated with the Austin Micros,
[59:24.720 --> 59:27.720]  but they have agreed to help by collecting your letters.
[59:27.720 --> 59:30.720]  Please drop off or mail your letters, too.
[59:30.720 --> 59:40.720]  Brave New Books, attention, Austin Micros, 90.1, 1904 Guadalupe, Suite B, Austin, Texas, 78705.
[59:40.720 --> 59:43.720]  There are also form letters at the bookstore that folks can decide.
[59:43.720 --> 59:49.720]  Please help keep 90.1 on the air by getting your letters to Brave New Books as soon as possible.
[59:49.720 --> 59:53.720]  Let the FCC know that 90.1 serves the public interest
[59:53.720 --> 59:58.720]  by bringing truthful news and information that can't be found anywhere else.
[59:58.720 --> 01:00:03.720]  This news brief brought to you by the International News Net.
[01:00:03.720 --> 01:00:09.720]  The Los Angeles Times said Sunday the CIA is seeking to expand its Pakistan drone strikes
[01:00:09.720 --> 01:00:11.720]  into the country's cities.
[01:00:11.720 --> 01:00:17.720]  The Times reported top U.S. officials were pushing to expand the air strikes beyond the tribal region
[01:00:17.720 --> 01:00:21.720]  and into the city of Qatar to target the Taliban.
[01:00:21.720 --> 01:00:26.720]  Russian Secret Service agents admitted Saturday the hacked climate change emails
[01:00:26.720 --> 01:00:29.720]  were uploaded on the Siberian Internet server,
[01:00:29.720 --> 01:00:36.720]  but strenuously denied it was a state-sponsored operation to wreck the Copenhagen summit.
[01:00:36.720 --> 01:00:41.720]  Former Senator Mike Gravel led hundreds of protesters at an anti-Afghan war rally
[01:00:41.720 --> 01:00:44.720]  outside the White House Saturday with the words,
[01:00:44.720 --> 01:00:53.720]  Hey, hey, Obama, say, how many kids did you kill today?
[01:00:53.720 --> 01:00:57.720]  Negotiations at the Copenhagen climate change conference are at an impasse
[01:00:57.720 --> 01:01:01.720]  after environment ministers rejected a draft proposal
[01:01:01.720 --> 01:01:06.720]  that fails to commit the developing world to cuts in greenhouse gases.
[01:01:06.720 --> 01:01:09.720]  Three major issues are still unresolved,
[01:01:09.720 --> 01:01:16.720]  the level of emission reduction targets, financing for the developing world, and compliance.
[01:01:16.720 --> 01:01:21.720]  Observers say China in particular is resisting the verification mechanism
[01:01:21.720 --> 01:01:25.720]  that gives the UN the right to monitor a country's mitigation efforts.
[01:01:25.720 --> 01:01:30.720]  The Intergovernmental Panel on Climate Change has urged the 35,000 delegates
[01:01:30.720 --> 01:01:35.720]  to heed warnings the planet is on a collision course with climate change.
[01:01:35.720 --> 01:01:39.720]  The world's environment ministers are now locked in informal discussions
[01:01:39.720 --> 01:01:45.720]  in an attempt to thrash out an agreement their leaders can sign when they arrive later this week.
[01:01:45.720 --> 01:01:51.720]  Meanwhile, a peaceful march of up to 100,000 people, which started out peacefully,
[01:01:51.720 --> 01:01:56.720]  ended with hundreds of masked youths throwing bricks and smashing windows.
[01:01:56.720 --> 01:01:59.720]  Riot police arrested 968 people.
[01:01:59.720 --> 01:02:05.720]  The UK Independent says key parts of former Prime Minister Tony Blair's evidence
[01:02:05.720 --> 01:02:09.720]  to the Iraq war inquiry will be held in secret.
[01:02:09.720 --> 01:02:12.720]  These include Blair's conversations with George Bush
[01:02:12.720 --> 01:02:17.720]  and crucial details of the decision-making process that led Britain into war.
[01:02:17.720 --> 01:02:23.720]  But sources have told the Independent anything interesting will also be shrouded in secrecy,
[01:02:23.720 --> 01:02:27.720]  leaving his public appearance revealing little more than is already known.
[01:02:27.720 --> 01:02:33.720]  This revelation dashes hopes Blair will detail in public why he committed British troops
[01:02:33.720 --> 01:02:38.720]  to the disastrous military invasion on the basis of flimsy intelligence.
[01:02:38.720 --> 01:02:41.720]  Liberal Democrat leader Nick Clegg said Sunday,
[01:02:41.720 --> 01:02:46.720]  if most of Blair's evidence is held in private then the public would rightly conclude
[01:02:46.720 --> 01:02:50.720]  the inquiry is too weak to give us the truth.
[01:02:50.720 --> 01:02:53.720]  Blair admitted on television this weekend he would have gone to war
[01:02:53.720 --> 01:02:58.720]  even if he had known Saddam Hussein had no weapons of mass destruction.
[01:03:23.720 --> 01:03:25.720]  Tell your dog home!
[01:03:25.720 --> 01:03:27.720]  Disturbing me man!
[01:03:27.720 --> 01:03:29.720]  What kind of thing is this?
[01:03:29.720 --> 01:03:31.720]  You're giving me money?
[01:03:31.720 --> 01:03:33.720]  Six thousand, six hundred thousand?
[01:03:33.720 --> 01:03:35.720]  I'll give you that!
[01:03:35.720 --> 01:03:37.720]  Come here man!
[01:03:37.720 --> 01:03:39.720]  Come here!
[01:03:39.720 --> 01:03:41.720]  People!
[01:03:41.720 --> 01:03:57.720]  Nibba, nibba, get your dog out of me yard!
[01:03:57.720 --> 01:03:59.720]  I try to do these sleeping,
[01:03:59.720 --> 01:04:01.720]  Me dog always barking,
[01:04:01.720 --> 01:04:03.720]  Disturbing me but I'm flexing,
[01:04:03.720 --> 01:04:05.720]  Nibba, dabbing, stubbing,
[01:04:05.720 --> 01:04:07.720]  I give him some of my kit-chat,
[01:04:07.720 --> 01:04:09.720]  Chocolate he's eating,
[01:04:09.720 --> 01:04:11.720]  How could I give him to him?
[01:04:11.720 --> 01:04:13.720]  Now he's trying to back him,
[01:04:13.720 --> 01:04:15.720]  He never come arguing,
[01:04:15.720 --> 01:04:17.720]  Tell me how did I miss him?
[01:04:17.720 --> 01:04:19.720]  Tell me, Nibba, what's happening?
[01:04:19.720 --> 01:04:21.720]  Six thousand, six hundred thousand?
[01:04:21.720 --> 01:04:23.720]  Save me, save me, Nibba,
[01:04:23.720 --> 01:04:25.720]  Get your dog out of here!
[01:04:25.720 --> 01:04:27.720]  Hold me back yard!
[01:04:27.720 --> 01:04:29.720]  He's disturbing me,
[01:04:29.720 --> 01:04:31.720]  I'm telling you Nibba, Nibba,
[01:04:31.720 --> 01:04:39.720]  Get your dog out of me yard!
[01:04:39.720 --> 01:04:43.720]  Okay, we are going now to Guy in Arkansas.
[01:04:43.720 --> 01:04:45.720]  Hey Guy, thanks for holding so long.
[01:04:45.720 --> 01:04:47.720]  Thank you for being so patient.
[01:04:47.720 --> 01:04:49.720]  Do you have a question for Eddie tonight
[01:04:49.720 --> 01:04:51.720]  or for Randy or me?
[01:04:51.720 --> 01:04:53.720]  I just want to say good evening to
[01:04:53.720 --> 01:04:55.720]  three of my most favorite Americans.
[01:04:55.720 --> 01:04:57.720]  Aww.
[01:04:57.720 --> 01:04:59.720]  Thank you.
[01:04:59.720 --> 01:05:02.720]  Okay, now this that you're developing,
[01:05:02.720 --> 01:05:04.720]  is this going to be put on sale sooner
[01:05:04.720 --> 01:05:05.720]  or later on the website?
[01:05:05.720 --> 01:05:07.720]  What are you talking about?
[01:05:07.720 --> 01:05:09.720]  One that Eddie's doing?
[01:05:09.720 --> 01:05:11.720]  This is actually the seminar.
[01:05:11.720 --> 01:05:14.720]  We put on a seminar last month
[01:05:14.720 --> 01:05:16.720]  and we recorded it.
[01:05:16.720 --> 01:05:19.720]  We recorded the video and professional audio recording
[01:05:19.720 --> 01:05:21.720]  that I'm producing
[01:05:21.720 --> 01:05:25.720]  and Eddie already wrote the book.
[01:05:25.720 --> 01:05:27.720]  It's a two hundred page book
[01:05:27.720 --> 01:05:29.720]  and he's writing documents
[01:05:29.720 --> 01:05:31.720]  and that right now Motion to Dismiss
[01:05:31.720 --> 01:05:33.720]  and Randy and I wrote up the criminal complaints
[01:05:33.720 --> 01:05:37.720]  and some lawsuit materials already.
[01:05:37.720 --> 01:05:41.720]  So we're just fine tuning the,
[01:05:41.720 --> 01:05:43.720]  what do you call it, the documents right now
[01:05:43.720 --> 01:05:46.720]  and I have been probably putting about
[01:05:46.720 --> 01:05:51.720]  thirty hours a week into editing the audio
[01:05:51.720 --> 01:05:53.720]  since the seminar transpired.
[01:05:53.720 --> 01:05:56.720]  So you rack up how many hours I've put in
[01:05:56.720 --> 01:05:58.720]  people I don't, you know, so yeah,
[01:05:58.720 --> 01:06:00.720]  I've been working very hard.
[01:06:00.720 --> 01:06:01.720]  Are you there guys?
[01:06:01.720 --> 01:06:03.720]  Okay, yeah, I've been working very hard
[01:06:03.720 --> 01:06:05.720]  on getting the audio edited and mastered.
[01:06:05.720 --> 01:06:07.720]  It's just an extreme amount of work
[01:06:07.720 --> 01:06:09.720]  and as I said I finally finished the editing
[01:06:09.720 --> 01:06:12.720]  and now I just have to just polish up the mastering.
[01:06:12.720 --> 01:06:15.720]  That's going to only take probably one night tonight.
[01:06:15.720 --> 01:06:18.720]  So everything should be ready for Thursday.
[01:06:18.720 --> 01:06:20.720]  Yes, and it'll all be for sale
[01:06:20.720 --> 01:06:21.720]  if you didn't get to go to the seminar.
[01:06:21.720 --> 01:06:22.720]  Yes, it's two hundred and fifty dollars
[01:06:22.720 --> 01:06:24.720]  and you get the video, you get the audio
[01:06:24.720 --> 01:06:26.720]  and you get the documents.
[01:06:26.720 --> 01:06:28.720]  Yeah, we are going to post that on the website.
[01:06:28.720 --> 01:06:29.720]  That's what he was asking,
[01:06:29.720 --> 01:06:31.720]  is are we going to put that up on the website?
[01:06:31.720 --> 01:06:33.720]  That will be available for download, yeah.
[01:06:33.720 --> 01:06:35.720]  Now if you want, if you want a hard cut,
[01:06:35.720 --> 01:06:39.720]  an optical copy, if you want DVDs,
[01:06:39.720 --> 01:06:43.720]  okay, of the audio and the video,
[01:06:43.720 --> 01:06:44.720]  then you're going to have to order it
[01:06:44.720 --> 01:06:45.720]  through Brave New Books
[01:06:45.720 --> 01:06:46.720]  and it's going to be three hundred bucks
[01:06:46.720 --> 01:06:48.720]  instead of two fifty.
[01:06:48.720 --> 01:06:51.720]  Because Brave New Books has to make a little bit of money
[01:06:51.720 --> 01:06:53.720]  and they're the ones that are going to be
[01:06:53.720 --> 01:06:55.720]  providing the DVD duplication services
[01:06:55.720 --> 01:06:57.720]  and purchasing the blank DVDs
[01:06:57.720 --> 01:07:00.720]  and packaging them up and mailing them out.
[01:07:00.720 --> 01:07:04.720]  So it will be extra if you want optical copies.
[01:07:04.720 --> 01:07:06.720]  Now we're not going to offer physical,
[01:07:06.720 --> 01:07:08.720]  hard paper copies of Eddie's book
[01:07:08.720 --> 01:07:11.720]  because that would be prohibitively expensive.
[01:07:11.720 --> 01:07:15.720]  It costs us, you know, somewhere around twelve hundred dollars
[01:07:15.720 --> 01:07:19.720]  to print up Eddie's book, fifty copies of it.
[01:07:19.720 --> 01:07:24.720]  So we can't offer physical printed copies of the book at this time.
[01:07:24.720 --> 01:07:25.720]  There will be a PDF document
[01:07:25.720 --> 01:07:27.720]  and if you want to print it up yourself, you can.
[01:07:27.720 --> 01:07:32.720]  But you can get the PDF files of all the documents in Eddie's book
[01:07:32.720 --> 01:07:36.720]  plus DVD of the video and the audio
[01:07:36.720 --> 01:07:39.720]  at Brave New Books for three hundred dollars.
[01:07:39.720 --> 01:07:41.720]  Most likely by this weekend
[01:07:41.720 --> 01:07:43.720]  that he'll be able to have those printed up
[01:07:43.720 --> 01:07:45.720]  as soon as I give him the stuff.
[01:07:45.720 --> 01:07:49.720]  But for Thursday, like ISO copies or NRG,
[01:07:49.720 --> 01:07:56.720]  you know, we'll make some disk image files to be downloaded.
[01:07:56.720 --> 01:08:01.720]  So I'll make MP3s of all the sessions of the audio
[01:08:01.720 --> 01:08:05.720]  and then at this point I'm not even going to make disk images for download
[01:08:05.720 --> 01:08:08.720]  because everybody has a different CD burner.
[01:08:08.720 --> 01:08:12.720]  So I'm just going to post the MP3s of the individual sessions
[01:08:12.720 --> 01:08:15.720]  for folks to download and then the PDFs.
[01:08:15.720 --> 01:08:18.720]  And that will be for two hundred and fifty dollars.
[01:08:18.720 --> 01:08:22.720]  I'm sure it will all work and your hard work will be appreciated.
[01:08:22.720 --> 01:08:26.720]  I have a general question about what you're all doing
[01:08:26.720 --> 01:08:30.720]  based on Texas commercial laws and everything.
[01:08:30.720 --> 01:08:33.720]  Just an opinion, I know you don't know exactly,
[01:08:33.720 --> 01:08:39.720]  but just how much difference do you think one state's laws,
[01:08:39.720 --> 01:08:43.720]  commercial laws are going to change or be different from Texas
[01:08:43.720 --> 01:08:50.720]  based on what your research has brought up and things like that?
[01:08:50.720 --> 01:08:52.720]  Well, I can tell you.
[01:08:52.720 --> 01:08:54.720]  You said you're in Arkansas, correct?
[01:08:54.720 --> 01:08:55.720]  Right.
[01:08:55.720 --> 01:08:56.720]  Okay.
[01:08:56.720 --> 01:08:59.720]  Arkansas is one of the few states I have found
[01:08:59.720 --> 01:09:05.720]  that does not put an accurate depiction of their state statutes online.
[01:09:05.720 --> 01:09:09.720]  In fact, the website tells you if you download anything from our site,
[01:09:09.720 --> 01:09:13.720]  it cannot be used as the actual reference from the law
[01:09:13.720 --> 01:09:17.720]  and we don't guarantee it's the actual reference from the law.
[01:09:17.720 --> 01:09:20.720]  We have that statement at a lot of legal research.
[01:09:20.720 --> 01:09:21.720]  Yeah.
[01:09:21.720 --> 01:09:24.720]  And so it's very difficult to research Arkansas,
[01:09:24.720 --> 01:09:27.720]  which I'm trying to help somebody in Florida out with right now.
[01:09:27.720 --> 01:09:30.720]  He got a ticket in Arkansas and he's getting the runaround
[01:09:30.720 --> 01:09:34.720]  because the phone number on the ticket that was supposed to be directing him
[01:09:34.720 --> 01:09:40.720]  to the court actually goes to the police station where the ticket was issued.
[01:09:40.720 --> 01:09:43.720]  And they refused to allow him to talk to a magistrate
[01:09:43.720 --> 01:09:47.720]  because he wrote a letter requesting a continuance to a later date
[01:09:47.720 --> 01:09:51.720]  because he was just starting a new job this week.
[01:09:51.720 --> 01:09:54.720]  Well, the officers took the mailing address.
[01:09:54.720 --> 01:09:56.720]  It turns out that it's also to the police station
[01:09:56.720 --> 01:10:00.720]  and they're preventing this information from getting to the magistrate
[01:10:00.720 --> 01:10:03.720]  requesting the continuance.
[01:10:03.720 --> 01:10:06.720]  Yeah, there's always a fly in the ointment, right?
[01:10:06.720 --> 01:10:07.720]  Yes.
[01:10:07.720 --> 01:10:13.720]  Well, I did call for another reason, and I know this is off topic
[01:10:13.720 --> 01:10:18.720]  and I won't pursue it because I don't want to be off topic,
[01:10:18.720 --> 01:10:23.720]  but I just want to maybe get in touch with you, Eddie, and maybe Randy,
[01:10:23.720 --> 01:10:30.720]  about a bit of a property rights easement problem we're having here.
[01:10:30.720 --> 01:10:33.720]  We can talk about that on the show right now, Guy,
[01:10:33.720 --> 01:10:35.720]  because we don't have any other callers on the call board right now.
[01:10:35.720 --> 01:10:36.720]  Sure.
[01:10:36.720 --> 01:10:39.720]  Fantastic. Okay, here's what happened.
[01:10:39.720 --> 01:10:45.720]  And actually what I'm doing is I'm helping this person work towards an appeal.
[01:10:45.720 --> 01:10:51.720]  Now, what had happened was that there was a problem with a road easement
[01:10:51.720 --> 01:10:55.720]  between the two, the dominant owner and the servient owner.
[01:10:55.720 --> 01:11:00.720]  And even though the deeds and everything have nothing specific
[01:11:00.720 --> 01:11:03.720]  as to the agreements on this easement,
[01:11:03.720 --> 01:11:07.720]  there has been vandalism by one owner, the dominant owner,
[01:11:07.720 --> 01:11:13.720]  to curtail and create an unsafe passage for the land owners.
[01:11:13.720 --> 01:11:16.720]  I think there's like three of them that use this road
[01:11:16.720 --> 01:11:19.720]  on the subdivision of the dominant property.
[01:11:19.720 --> 01:11:24.720]  Now, the cops here have been called out on this woman.
[01:11:24.720 --> 01:11:29.720]  This woman has called the cops out extremely many times
[01:11:29.720 --> 01:11:34.720]  harassing this one particular landowner down there.
[01:11:34.720 --> 01:11:40.720]  And they served him under arrest warrant.
[01:11:40.720 --> 01:11:42.720]  This happened a couple of months ago.
[01:11:42.720 --> 01:11:44.720]  And this is interesting.
[01:11:44.720 --> 01:11:48.720]  They had an arrest warrant for him issued by this gal,
[01:11:48.720 --> 01:11:51.720]  by this dominant landlord or landowner.
[01:11:51.720 --> 01:11:54.720]  And they came to his door, knocked on his door, and said,
[01:11:54.720 --> 01:11:57.720]  well, listen, you know, we're not going to arrest you here.
[01:11:57.720 --> 01:12:04.720]  And they wrote off the arrest part, and they put summons in there.
[01:12:04.720 --> 01:12:06.720]  And I looked at the document,
[01:12:06.720 --> 01:12:12.720]  and two places on the arresting document is scratched out and put summons.
[01:12:12.720 --> 01:12:16.720]  And a cop even said, he says, he told the gentleman,
[01:12:16.720 --> 01:12:19.720]  he says, we're so happy to get this over, to get it in court,
[01:12:19.720 --> 01:12:21.720]  and hopefully this will get settled out,
[01:12:21.720 --> 01:12:24.720]  because we're tired of coming out here every couple of days
[01:12:24.720 --> 01:12:26.720]  on this woman's complaints,
[01:12:26.720 --> 01:12:28.720]  because maybe she's a little loose and screw in the head.
[01:12:28.720 --> 01:12:29.720]  I'm not sure.
[01:12:29.720 --> 01:12:35.720]  But okay, so now he goes to the courthouse to find what the court date is,
[01:12:35.720 --> 01:12:37.720]  has his day in court.
[01:12:37.720 --> 01:12:43.720]  This woman, the dominant landowner's lawyer never shows up.
[01:12:43.720 --> 01:12:45.720]  It's a bench trial.
[01:12:45.720 --> 01:12:53.720]  And really, I'm looking at possibly a little 12B on the judge,
[01:12:53.720 --> 01:13:00.720]  because the judge seemed like she had no idea about property law
[01:13:00.720 --> 01:13:02.720]  and easements and things of that nature.
[01:13:02.720 --> 01:13:07.720]  And she was very disjointed as far as the evidence goes.
[01:13:07.720 --> 01:13:10.720]  And anyway, to make a long story short,
[01:13:10.720 --> 01:13:16.720]  she arrests this man on seven counts because he had to remove this big pole
[01:13:16.720 --> 01:13:22.720]  out of the way so he can get his vehicle to make a turn to get down to his property.
[01:13:22.720 --> 01:13:25.720]  So this woman actually photographed him taking the pole out,
[01:13:25.720 --> 01:13:29.720]  used that as evidence of trespass,
[01:13:29.720 --> 01:13:35.720]  and the judge saw it in her favor, gave this guy seven days in jail,
[01:13:35.720 --> 01:13:37.720]  which he is serving right now.
[01:13:37.720 --> 01:13:40.720]  And where am I going with this now?
[01:13:40.720 --> 01:13:49.720]  And so here I'm thinking that, number one, when they put an arrest warrant out
[01:13:49.720 --> 01:13:53.720]  and they scratch off the arrest and make it a summons,
[01:13:53.720 --> 01:13:57.720]  isn't that some form of illegal due process?
[01:13:57.720 --> 01:14:02.720]  There's a lot of technicalities here that I think we can get a sheer slam dunk.
[01:14:02.720 --> 01:14:05.720]  Let me make a suggestion.
[01:14:05.720 --> 01:14:11.720]  Don't kick the police officers in the teeth for doing him a favor.
[01:14:11.720 --> 01:14:18.720]  That may have been improper, but it did him no harm, so he has no complaint.
[01:14:18.720 --> 01:14:19.720]  Well, yeah.
[01:14:19.720 --> 01:14:28.720]  What I'm looking for here is some form of evidence to have an appeal put on here.
[01:14:28.720 --> 01:14:35.720]  Does this guy have his arrest revoked?
[01:14:35.720 --> 01:14:38.720]  Wait, let me ask a couple questions.
[01:14:38.720 --> 01:14:41.720]  How close are you to this individual?
[01:14:41.720 --> 01:14:43.720]  Oh, not close at all.
[01:14:43.720 --> 01:14:45.720]  I don't know if the gentleman got arrested.
[01:14:45.720 --> 01:14:48.720]  Okay, here's the deal.
[01:14:48.720 --> 01:14:55.720]  Most of the time when you hear a story and it sounds really outrageous,
[01:14:55.720 --> 01:14:59.720]  when you go down and really look close,
[01:14:59.720 --> 01:15:05.720]  you find that the person you're trying to help often doesn't tell you everything.
[01:15:05.720 --> 01:15:09.720]  They only tell you the part that they want you to hear.
[01:15:09.720 --> 01:15:13.720]  I get a lot of stories that sound really outrageous, and some of them are.
[01:15:13.720 --> 01:15:16.720]  But always be real careful.
[01:15:16.720 --> 01:15:20.720]  You might go talk to the woman who's actually filing the charges.
[01:15:20.720 --> 01:15:24.720]  This is probably going to have a whole different story.
[01:15:24.720 --> 01:15:26.720]  Here's what I'm going for, Randy.
[01:15:26.720 --> 01:15:29.720]  I appreciate that advice, but here's what I'm really trying to do.
[01:15:29.720 --> 01:15:37.720]  I'm trying to get an appeal for this man set up so that he has his true day in court,
[01:15:37.720 --> 01:15:41.720]  so that he can present evidence, which he was not so much denied,
[01:15:41.720 --> 01:15:45.720]  but the judge never really asked for anything, never asked to see the deed,
[01:15:45.720 --> 01:15:53.720]  never asked to see the true evidence in the case, and just kind of glazed it over,
[01:15:53.720 --> 01:15:59.720]  which gives me a reason to believe that she was not knowledgeable of the subject matter,
[01:15:59.720 --> 01:16:02.720]  so therefore she couldn't have jurisdiction.
[01:16:02.720 --> 01:16:05.720]  Okay, but now you're making one presumption here.
[01:16:05.720 --> 01:16:10.720]  Have you actually seen the paperwork associated with the trial the day they went?
[01:16:10.720 --> 01:16:12.720]  Well, actually we're working on that right now.
[01:16:12.720 --> 01:16:14.720]  I've got the employee.
[01:16:14.720 --> 01:16:16.720]  The purpose of the trial was what?
[01:16:16.720 --> 01:16:19.720]  Were they there to hear the suit regarding the trespass,
[01:16:19.720 --> 01:16:23.720]  or were they there to hear the suit regarding the property line?
[01:16:23.720 --> 01:16:29.720]  Well, just for the trespass, for the guy taking the poll out so that he can safely...
[01:16:29.720 --> 01:16:31.720]  Okay, wait a minute, wait a minute.
[01:16:31.720 --> 01:16:34.720]  Criminal trespass?
[01:16:34.720 --> 01:16:36.720]  Okay, she didn't have to have an attorney there.
[01:16:36.720 --> 01:16:39.720]  That's what the prosecutor's for.
[01:16:39.720 --> 01:16:40.720]  Okay, wait, hold on.
[01:16:40.720 --> 01:16:42.720]  Hold that thought, hold that thought, Guy.
[01:16:42.720 --> 01:16:44.720]  And Mark from Massachusetts, we see you on the line.
[01:16:44.720 --> 01:16:46.720]  You're next.
[01:16:46.720 --> 01:16:47.720]  But stay on the line, Guy.
[01:16:47.720 --> 01:16:50.720]  We're going to finish up with you on the other side.
[01:16:50.720 --> 01:16:59.720]  This is the rule of law.
[01:16:59.720 --> 01:17:00.720]  Hello, Austin.
[01:17:00.720 --> 01:17:02.720]  My name is Harlan Dietrich, owner of Brave New Books,
[01:17:02.720 --> 01:17:04.720]  a local independent bookstore here in town.
[01:17:04.720 --> 01:17:08.720]  Many of you are familiar with the bookstore and have attended some of our events.
[01:17:08.720 --> 01:17:12.720]  We've been proud to host speakers like Alice Jones, Ron Hall, Jim Mars,
[01:17:12.720 --> 01:17:17.720]  Catherine Albert, Webster Carpley, G. Edward Griffin, and many other heroic figures in the patriot movement.
[01:17:17.720 --> 01:17:20.720]  But now Brave New Books needs your help.
[01:17:20.720 --> 01:17:25.720]  In order to continue to provide a space for these events and be an outlet for hard-to-find materials,
[01:17:25.720 --> 01:17:29.720]  we're going to need you, Austin, to help spread the word about the bookstore.
[01:17:29.720 --> 01:17:33.720]  Please tell your friends and family about the wide variety of materials we offer.
[01:17:33.720 --> 01:17:37.720]  We also have DVD duplication capabilities for all you activists.
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[01:17:59.720 --> 01:18:21.720]  MUSIC
[01:18:21.720 --> 01:18:22.720]  Okay, we are back.
[01:18:22.720 --> 01:18:24.720]  We're speaking with Guy.
[01:18:24.720 --> 01:18:26.720]  And Guy, I have a comma here.
[01:18:26.720 --> 01:18:33.720]  Okay, and I mentioned this in the seminar, too, and we should review this occasionally on this show.
[01:18:33.720 --> 01:18:41.720]  In law, there are two very distinct and separate areas of the judiciary.
[01:18:41.720 --> 01:18:47.720]  The whole court system is basically broken up into two totally separate branches
[01:18:47.720 --> 01:18:50.720]  until you start to get up to the Supreme Court.
[01:18:50.720 --> 01:18:54.720]  There's the criminal side of law, and then there's the civil side of the law,
[01:18:54.720 --> 01:18:56.720]  and never the twain shall meet,
[01:18:56.720 --> 01:19:02.720]  except for occasionally people will file civil cross-complaints in a criminal case against them.
[01:19:02.720 --> 01:19:09.720]  If this is a criminal trial, then the opposing party is the state,
[01:19:09.720 --> 01:19:12.720]  not the woman who would be accusing you.
[01:19:12.720 --> 01:19:14.720]  She's just a witness.
[01:19:14.720 --> 01:19:17.720]  She may be the one who's filing the criminal complaint.
[01:19:17.720 --> 01:19:19.720]  She doesn't need an attorney.
[01:19:19.720 --> 01:19:24.720]  The opposing counsel is the prosecutor, the district attorney,
[01:19:24.720 --> 01:19:28.720]  or in federal cases would be the U.S. attorney.
[01:19:28.720 --> 01:19:31.720]  And they are the representative for the state.
[01:19:31.720 --> 01:19:37.720]  It's the state versus you, not this woman, unless she's suing you in civil court,
[01:19:37.720 --> 01:19:39.720]  which is a totally different thing.
[01:19:39.720 --> 01:19:40.720]  So, Randy, go ahead.
[01:19:40.720 --> 01:19:43.720]  You had some comments about this, too.
[01:19:43.720 --> 01:19:44.720]  Randy?
[01:19:44.720 --> 01:19:49.720]  Yeah, this goes to understanding what's going on.
[01:19:49.720 --> 01:19:55.720]  In listening to the story, clearly there's more going on.
[01:19:55.720 --> 01:20:03.720]  This guy was in trial for a criminal prosecution, takes a while to get you there.
[01:20:03.720 --> 01:20:07.720]  There's a number of things you have to go through before you get there.
[01:20:07.720 --> 01:20:10.720]  I suspect you're not being told everything.
[01:20:10.720 --> 01:20:11.720]  Right.
[01:20:11.720 --> 01:20:12.720]  Yes, I agree.
[01:20:12.720 --> 01:20:16.720]  I've been just working on this for the last few days.
[01:20:16.720 --> 01:20:19.720]  And, yes, I'm still green about all the facts.
[01:20:19.720 --> 01:20:21.720]  I grant you that.
[01:20:21.720 --> 01:20:30.720]  What he was charged with was criminal mischief, Class B, which is a misdemeanor.
[01:20:30.720 --> 01:20:36.720]  Now, the judge gave him seven days in jail, arrested him in the courthouse,
[01:20:36.720 --> 01:20:39.720]  in the courtroom, after the proceedings.
[01:20:39.720 --> 01:20:44.720]  And now this man is losing seven days of his livelihood.
[01:20:44.720 --> 01:20:46.720]  He's losing income because he's, you know...
[01:20:46.720 --> 01:20:47.720]  Okay, wait a minute.
[01:20:47.720 --> 01:20:50.720]  There's financial damage here.
[01:20:50.720 --> 01:20:51.720]  Wait a minute.
[01:20:51.720 --> 01:20:54.720]  I can pretty well assure you something else is going on.
[01:20:54.720 --> 01:21:00.720]  Normally, especially in a class in the lower misdemeanors,
[01:21:00.720 --> 01:21:04.720]  you're going to have opportunity to appeal.
[01:21:04.720 --> 01:21:10.720]  If he didn't get opportunity to appeal, he was probably a naughty boy
[01:21:10.720 --> 01:21:13.720]  in the courtroom and got himself thrown in jail immediately.
[01:21:13.720 --> 01:21:16.720]  He may have gotten thrown in jail for contempt.
[01:21:16.720 --> 01:21:22.720]  We need to find out what exactly he got put in jail for.
[01:21:22.720 --> 01:21:26.720]  The charge was taking this poll at seven different times.
[01:21:26.720 --> 01:21:30.720]  And I guess the judge decided, well, if you took the poll out seven different times,
[01:21:30.720 --> 01:21:34.720]  then I'm going to give you seven days in jail.
[01:21:34.720 --> 01:21:36.720]  And like I say, when we get the court transcripts,
[01:21:36.720 --> 01:21:40.720]  I will know what I'm dealing with much, much better.
[01:21:40.720 --> 01:21:44.720]  And I'll have a better idea of what's present as a possible point.
[01:21:44.720 --> 01:21:49.720]  Well, if these were Class B misdemeanors, I mean, usually Class C,
[01:21:49.720 --> 01:21:52.720]  jail time does not apply to Class C misdemeanors.
[01:21:52.720 --> 01:21:54.720]  Well, it depends on the state.
[01:21:54.720 --> 01:22:01.720]  We have misdemeanors in Texas that aren't really Class C misdemeanors,
[01:22:01.720 --> 01:22:04.720]  but you can get jail time for them.
[01:22:04.720 --> 01:22:06.720]  And me in Arkansas, you may be able to.
[01:22:06.720 --> 01:22:10.720]  But I would ask this guy for a narrative.
[01:22:10.720 --> 01:22:15.720]  Yeah, and you need to get everything that's in the file at the courthouse
[01:22:15.720 --> 01:22:17.720]  from the clerk of the court.
[01:22:17.720 --> 01:22:18.720]  Right.
[01:22:18.720 --> 01:22:20.720]  We are doing that.
[01:22:20.720 --> 01:22:23.720]  We're working on that this week for sure.
[01:22:23.720 --> 01:22:31.720]  But I just wanted your knowledge-based opinion as to the proper procedures in the court
[01:22:31.720 --> 01:22:36.720]  and, you know, if they can slam this guy in jail right there,
[01:22:36.720 --> 01:22:40.720]  bypassing the arrest warrant that they had out for him
[01:22:40.720 --> 01:22:46.720]  and having him arrested in court rather than on the spot when the warrant was issued.
[01:22:46.720 --> 01:22:47.720]  Okay.
[01:22:47.720 --> 01:22:48.720]  They can do that.
[01:22:48.720 --> 01:22:52.720]  If he was found guilty and he didn't appeal, they can put him in jail, by the way.
[01:22:52.720 --> 01:22:53.720]  Yeah.
[01:22:53.720 --> 01:22:57.720]  If he had a trial and you're at the court and you're in your trial
[01:22:57.720 --> 01:23:00.720]  and you get found guilty, they'll take you off immediately.
[01:23:00.720 --> 01:23:02.720]  That's standard.
[01:23:02.720 --> 01:23:03.720]  Yeah.
[01:23:03.720 --> 01:23:06.720]  Yeah, I guess it was a trial.
[01:23:06.720 --> 01:23:12.720]  And, of course, the guy never had a chance to really present his case.
[01:23:12.720 --> 01:23:17.720]  And I think that's where we're trying to also find a point of appeal here
[01:23:17.720 --> 01:23:22.720]  is because he was there to argue his point of view, but he never thought, I'm sure,
[01:23:22.720 --> 01:23:29.720]  that it would come down to that, not to mention that the proceedings of the court
[01:23:29.720 --> 01:23:36.720]  probably didn't allow adequate questions to him for him to defend himself.
[01:23:36.720 --> 01:23:38.720]  Well, wait a minute, wait a minute, wait a minute.
[01:23:38.720 --> 01:23:41.720]  Why are you saying he didn't have time to defend himself?
[01:23:41.720 --> 01:23:44.720]  Did he have a court-appointed defense attorney?
[01:23:44.720 --> 01:23:50.720]  No, he just went there to defend his case, his point, basically to tell him that,
[01:23:50.720 --> 01:23:52.720]  hey, I've got rights to this road.
[01:23:52.720 --> 01:23:53.720]  She's blocking the road.
[01:23:53.720 --> 01:23:55.720]  She's making it impassable.
[01:23:55.720 --> 01:24:01.720]  I have to take these instruments out of the road in order to get by to get to my property.
[01:24:01.720 --> 01:24:07.720]  I find it kind of odd that a court would not appoint him a court-appointed attorney here.
[01:24:07.720 --> 01:24:10.720]  He should have handled that civilly.
[01:24:10.720 --> 01:24:16.720]  Well, here it is again. If they didn't arrest him when the arrest warrant was put out for him,
[01:24:16.720 --> 01:24:22.720]  they just said, come to the courts, and that's where they arrested him.
[01:24:22.720 --> 01:24:25.720]  No, these are the wrong issues.
[01:24:25.720 --> 01:24:29.720]  These are not the right issues, and what we're saying is that if he went into a trial
[01:24:29.720 --> 01:24:34.720]  where he was being criminally prosecuted and it was his criminal case trial,
[01:24:34.720 --> 01:24:40.720]  if he got found guilty, then when the punishment comes down, when the sentence comes down,
[01:24:40.720 --> 01:24:44.720]  if you are to be sentenced to jail time, they will take you right there.
[01:24:44.720 --> 01:24:46.720]  This has nothing to do with a warrant.
[01:24:46.720 --> 01:24:47.720]  This has to do with a trial.
[01:24:47.720 --> 01:24:51.720]  Yeah, but there is one other aspect to this.
[01:24:51.720 --> 01:24:56.720]  If they did send him straight to jail, they put him in confinement,
[01:24:56.720 --> 01:25:01.720]  and he did not have representation of counsel, now they've bit off a big chief.
[01:25:01.720 --> 01:25:02.720]  That's true.
[01:25:02.720 --> 01:25:06.720]  That is very true, but I'm just saying that this has nothing to do with a warrant,
[01:25:06.720 --> 01:25:10.720]  or why would they not arrest him before, but then they arrested him later.
[01:25:10.720 --> 01:25:13.720]  I'm just saying there's a different reason why.
[01:25:13.720 --> 01:25:18.720]  If he had a trial and he was found guilty and sentenced, that's why he would go into jail.
[01:25:18.720 --> 01:25:25.720]  Yeah, the judge could remand him to the custody to jail immediately if that was the necessity of it,
[01:25:25.720 --> 01:25:29.720]  but to do that without assistance of counsel, that judge threatened on very thin ice.
[01:25:29.720 --> 01:25:32.720]  Indeed, indeed. That's what I was saying before.
[01:25:32.720 --> 01:25:35.720]  I can't believe that they didn't appoint him a court-appointed attorney.
[01:25:35.720 --> 01:25:41.720]  These are the processes that you folks may know more about than I do
[01:25:41.720 --> 01:25:46.720]  that I need to know that we can get an appeal on.
[01:25:46.720 --> 01:25:51.720]  Ask him if he signed a waiver of counsel.
[01:25:51.720 --> 01:25:56.720]  I don't think he did. I just know that he showed up for the court.
[01:25:56.720 --> 01:26:04.720]  What they did is when he went to... there was a date on the ticket, the arrest warrant,
[01:26:04.720 --> 01:26:08.720]  slash now they changed it to a summons, which had a date on it.
[01:26:08.720 --> 01:26:15.720]  He went there to appear, and they changed that date, and they issued a new court date,
[01:26:15.720 --> 01:26:19.720]  and that was this past Friday.
[01:26:19.720 --> 01:26:23.720]  Up until that time, I had no idea what was going on here.
[01:26:23.720 --> 01:26:30.720]  I just met up with these folks, one of the relatives, Saturday.
[01:26:30.720 --> 01:26:34.720]  The way she was telling me was that when they went into court, she says,
[01:26:34.720 --> 01:26:41.720]  the judge really did not ask any probing questions, never asked about the easement problems.
[01:26:41.720 --> 01:26:46.720]  Basically, let this woman who filed the charges and was making all these harassing phone calls
[01:26:46.720 --> 01:26:57.720]  to the 911 center about this guy, gave her the most time on the floor, as it were.
[01:26:57.720 --> 01:27:03.720]  I guess this gentleman, maybe, he's just like everybody else, somebody that's innocent,
[01:27:03.720 --> 01:27:07.720]  that doesn't really expect anything bad to happen.
[01:27:07.720 --> 01:27:15.720]  Then all of a sudden, he's being put away for seven days because he was amiss to pulling out this poll.
[01:27:15.720 --> 01:27:21.720]  I guess seven times in order for him to get his truck around the turn and get down to his property,
[01:27:21.720 --> 01:27:26.720]  which he has legal right to move obstructions for safe passage to his property,
[01:27:26.720 --> 01:27:29.720]  but the judge never probed any of that.
[01:27:29.720 --> 01:27:36.720]  I think that this gentleman was not given his due because the judge was ignorant of the subject matter.
[01:27:36.720 --> 01:27:44.720]  Therefore, I think the case should be retried at the least because the judge was an ignoramus.
[01:27:44.720 --> 01:27:48.720]  Okay, wait, wait, wait. We don't have near enough information.
[01:27:48.720 --> 01:27:54.720]  Yeah, you need to go get the file first because we don't have enough information
[01:27:54.720 --> 01:27:57.720]  to really make a determination of what needs to be done at this time.
[01:27:57.720 --> 01:28:01.720]  Here's my concern. He pulled it up seven times.
[01:28:01.720 --> 01:28:08.720]  Did she only complain the seventh time or did she complain each time?
[01:28:08.720 --> 01:28:16.720]  After she complained the first time and made a criminal trespass or criminal mischief complaint against him the first time,
[01:28:16.720 --> 01:28:23.720]  that was time for him to exercise due diligence and file civil litigation
[01:28:23.720 --> 01:28:28.720]  and not say, screw you, I'm going to do this anyway and have the police come back out there
[01:28:28.720 --> 01:28:32.720]  and tell him a second time and a third time. After seven times, he would go to jail.
[01:28:32.720 --> 01:28:35.720]  Okay, and here's another, wait a minute, here's another issue.
[01:28:35.720 --> 01:28:40.720]  You need to look up the laws concerning landlocked properties, okay,
[01:28:40.720 --> 01:28:45.720]  and does he have really a right to do this or not because like in Texas,
[01:28:45.720 --> 01:28:52.720]  if there's a landlocked property, whoever owns the property surrounding the landlocked property
[01:28:52.720 --> 01:28:58.720]  is required to allow an easement of passage for their vehicles.
[01:28:58.720 --> 01:28:59.720]  That's in Texas.
[01:28:59.720 --> 01:29:00.720]  That's what I'm saying.
[01:29:00.720 --> 01:29:02.720]  If this is Arkansas, we don't know that.
[01:29:02.720 --> 01:29:05.720]  I know that. That's why I'm telling him to look up the law. I realize that.
[01:29:05.720 --> 01:29:08.720]  I know that's in Texas. That's why I'm telling him he needs to look up that law too.
[01:29:08.720 --> 01:29:12.720]  But listen, Guy, we're about to go to break and we have some other callers on the line
[01:29:12.720 --> 01:29:16.720]  and I don't think that there's much else we can add here until you get the file
[01:29:16.720 --> 01:29:19.720]  and everything that's in the file and his narrative.
[01:29:19.720 --> 01:29:22.720]  Let me ask you really quickly about counterclaim.
[01:29:22.720 --> 01:29:33.720]  Can we start to do a counterclaim for wrongful prosecution or something like that?
[01:29:33.720 --> 01:29:42.720]  I'm not sure yet. We need more information. We need more information, really.
[01:29:42.720 --> 01:29:45.720]  Okay, go get a copy of the file and get a narrative from this guy
[01:29:45.720 --> 01:29:48.720]  and then call us back in a few days.
[01:29:48.720 --> 01:29:49.720]  All right.
[01:29:49.720 --> 01:29:50.720]  Okay, thanks, Guy.
[01:29:50.720 --> 01:29:54.720]  Okay, we're going to go to Mark in Massachusetts when we get back on the other side
[01:29:54.720 --> 01:29:58.720]  and we also have Tim from Texas as well.
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[01:30:59.720 --> 01:31:22.720]  Okay, we are back.
[01:31:22.720 --> 01:31:23.720]  All right, we're taking your calls.
[01:31:23.720 --> 01:31:25.720]  We've got Mark from Massachusetts.
[01:31:25.720 --> 01:31:27.720]  Mark, thanks for calling in.
[01:31:27.720 --> 01:31:29.720]  How's everybody holding?
[01:31:29.720 --> 01:31:30.720]  What's on your mind?
[01:31:30.720 --> 01:31:34.720]  I had a little traffic issue and I just wanted to talk to the guys about that.
[01:31:34.720 --> 01:31:35.720]  Okay, go ahead.
[01:31:35.720 --> 01:31:36.720]  And can you speak up a little bit?
[01:31:36.720 --> 01:31:37.720]  You sound a little low.
[01:31:37.720 --> 01:31:39.720]  You're not on a Bluetooth or a speaker phone, are you?
[01:31:39.720 --> 01:31:40.720]  No, I'm not.
[01:31:40.720 --> 01:31:41.720]  Okay, good.
[01:31:41.720 --> 01:31:43.720]  Yeah, just speak up a little more, please.
[01:31:43.720 --> 01:31:44.720]  Okay.
[01:31:44.720 --> 01:31:45.720]  Thanks.
[01:31:45.720 --> 01:31:47.720]  I had a speeding ticket and mask and I was just trying to figure out.
[01:31:47.720 --> 01:31:52.720]  I went to court two weeks ago and I wanted a little critique on what I did in court
[01:31:52.720 --> 01:31:55.720]  and made a little bit of help on what I can do next.
[01:31:55.720 --> 01:32:01.720]  I went in there and I saw a magistrate and I asked him as we were beginning to,
[01:32:01.720 --> 01:32:05.720]  well, basically I objected for a lack of ratification or commencement
[01:32:05.720 --> 01:32:08.720]  and he acted like he didn't know what I was talking about.
[01:32:08.720 --> 01:32:12.720]  And I told him it was the Rule 17A, Real Parties of Interest,
[01:32:12.720 --> 01:32:15.720]  and he basically said that that doesn't apply here.
[01:32:15.720 --> 01:32:19.720]  There's no such rule for that in this type of case.
[01:32:19.720 --> 01:32:22.720]  And so I said basically what rule are we following?
[01:32:22.720 --> 01:32:26.720]  He just stacked using order codes.
[01:32:26.720 --> 01:32:32.720]  And so basically I had to appeal and I have to go before a judge on Thursday.
[01:32:32.720 --> 01:32:38.720]  I just wanted to basically get an idea of what I can do from there.
[01:32:38.720 --> 01:32:40.720]  You have to go before a judge this Thursday?
[01:32:40.720 --> 01:32:42.720]  Yes.
[01:32:42.720 --> 01:32:44.720]  Okay, is this an appeal?
[01:32:44.720 --> 01:32:47.720]  This is an appeal from the magistrate's ruling, yes.
[01:32:47.720 --> 01:32:52.720]  Okay, and this magistrate was in what court?
[01:32:52.720 --> 01:32:56.720]  A JP, a municipal, a county, what?
[01:32:56.720 --> 01:32:58.720]  Municipal.
[01:32:58.720 --> 01:33:03.720]  Okay, JP was in a municipal court and told you they only dealt with statute?
[01:33:03.720 --> 01:33:04.720]  Yes, sir.
[01:33:04.720 --> 01:33:08.720]  Okay, and what statute were you using, if any?
[01:33:08.720 --> 01:33:09.720]  Here's the problem.
[01:33:09.720 --> 01:33:13.720]  He was using 17A federal statutes and the judge was right.
[01:33:13.720 --> 01:33:16.720]  That's right.
[01:33:16.720 --> 01:33:17.720]  Okay.
[01:33:17.720 --> 01:33:20.720]  But that actually I didn't quote the federal.
[01:33:20.720 --> 01:33:22.720]  Mass is exactly the same thing.
[01:33:22.720 --> 01:33:24.720]  And I used and I said mass.
[01:33:24.720 --> 01:33:27.720]  So it was 17A.
[01:33:27.720 --> 01:33:31.720]  All right, what officer wrote you the ticket, county, city, state?
[01:33:31.720 --> 01:33:33.720]  City.
[01:33:33.720 --> 01:33:35.720]  City, city of Austin?
[01:33:35.720 --> 01:33:37.720]  City of Boston.
[01:33:37.720 --> 01:33:38.720]  Boston?
[01:33:38.720 --> 01:33:39.720]  Yes.
[01:33:39.720 --> 01:33:41.720]  Okay.
[01:33:41.720 --> 01:33:48.720]  Well, have you read the statute on speeding?
[01:33:48.720 --> 01:33:51.720]  Not the statute on speeding, no.
[01:33:51.720 --> 01:33:55.720]  Okay, why?
[01:33:55.720 --> 01:33:58.720]  Basically I don't think I couldn't find that statute.
[01:33:58.720 --> 01:34:06.720]  I read pretty much every other statute relating to the motor vehicles and the codes as well.
[01:34:06.720 --> 01:34:08.720]  Okay.
[01:34:08.720 --> 01:34:15.720]  So if you read all the other ones relating to the motor vehicles, then were you operating a motor vehicle?
[01:34:15.720 --> 01:34:16.720]  No, I was not.
[01:34:16.720 --> 01:34:20.720]  Can you prove that using those statutes?
[01:34:20.720 --> 01:34:31.720]  Actually I thought I saw one of the codes where it lists personal conveyance as similar as motor vehicle.
[01:34:31.720 --> 01:34:40.720]  Wait a minute, it said it's similar or it is?
[01:34:40.720 --> 01:34:43.720]  Let me pull that up for you right now.
[01:34:43.720 --> 01:34:51.720]  It says the terms pleasure vehicle, passenger vehicle, passenger car, automobile,
[01:34:51.720 --> 01:34:59.720]  and pleasure passenger vehicle are synonymous with private passenger motor vehicle as defined herein.
[01:34:59.720 --> 01:35:01.720]  Okay, now here's the thing.
[01:35:01.720 --> 01:35:08.720]  Notice they put the word private in front of that, okay?
[01:35:08.720 --> 01:35:19.720]  Does the statute charging you with speeding use private passenger or private motor vehicle or does it just say motor vehicle?
[01:35:19.720 --> 01:35:21.720]  It just says motor vehicle.
[01:35:21.720 --> 01:35:24.720]  Then they're not the same, are they?
[01:35:24.720 --> 01:35:25.720]  No, they're not.
[01:35:25.720 --> 01:35:28.720]  Because they're two different definitions, aren't they?
[01:35:28.720 --> 01:35:33.720]  One is private motor vehicle and the other definition is motor vehicle, right?
[01:35:33.720 --> 01:35:34.720]  That's correct.
[01:35:34.720 --> 01:35:40.720]  Does the definition of motor vehicle say that it includes private motor vehicles?
[01:35:40.720 --> 01:35:41.720]  No, it does not.
[01:35:41.720 --> 01:35:46.720]  Or any of the things that make up the definition of private motor vehicle?
[01:35:46.720 --> 01:35:53.720]  That's the only place I actually saw private motor vehicle term used and it was in the code.
[01:35:53.720 --> 01:35:59.720]  But in Massachusetts general laws, it does not stipulate anything about private motor vehicle.
[01:35:59.720 --> 01:36:03.720]  It just says motor vehicle.
[01:36:03.720 --> 01:36:05.720]  Okay.
[01:36:05.720 --> 01:36:07.720]  Well, then that's the point.
[01:36:07.720 --> 01:36:13.720]  If what you researched on that is correct, okay, and make sure you understand that,
[01:36:13.720 --> 01:36:19.720]  that if you have verified that they are in fact distinct and separate definitions for different things
[01:36:19.720 --> 01:36:27.720]  and that they don't cross over in what they apply to or are specifically excluded one from the other,
[01:36:27.720 --> 01:36:31.720]  then obviously the officer writing you a ticket for operating a motor vehicle
[01:36:31.720 --> 01:36:39.720]  when you were in fact in a private motor vehicle as defined by law means he issued a false citation, does it not?
[01:36:39.720 --> 01:36:40.720]  Yes.
[01:36:40.720 --> 01:36:43.720]  Then if I were you, I would get busy comparing those two definitions
[01:36:43.720 --> 01:36:47.720]  and make sure they don't cross wires on you somewhere.
[01:36:47.720 --> 01:36:49.720]  Okay.
[01:36:49.720 --> 01:36:51.720]  Where could that happen at?
[01:36:51.720 --> 01:36:54.720]  Where can they cross that?
[01:36:54.720 --> 01:37:01.720]  Well, the term motor vehicle can say that it includes private motor vehicle.
[01:37:01.720 --> 01:37:02.720]  Okay.
[01:37:02.720 --> 01:37:08.720]  The term private motor vehicle could say and it's in definition that it includes all forms of motor vehicle.
[01:37:08.720 --> 01:37:10.720]  You see what I'm saying?
[01:37:10.720 --> 01:37:12.720]  Yes, sir.
[01:37:12.720 --> 01:37:19.720]  If they in any way say one means the same thing as the other, then it's not going to help you.
[01:37:19.720 --> 01:37:26.720]  But if it's set them up as something distinct and separate and they never join together through that medium,
[01:37:26.720 --> 01:37:35.720]  then charging you for operating one when you were in fact operating the other is an invalid charge.
[01:37:35.720 --> 01:37:38.720]  Correct.
[01:37:38.720 --> 01:37:42.720]  Okay.
[01:37:42.720 --> 01:37:46.720]  So what would be my next step if I'm on court Thursday?
[01:37:46.720 --> 01:37:56.720]  Well, since you've already had a trial, the first thing I'd want to do is formulate the way I'm going to voir dire the police officer on the stand.
[01:37:56.720 --> 01:38:04.720]  Since this is going to be basically in Boston, is this strictly an appeal where you get to just submit your paperwork
[01:38:04.720 --> 01:38:11.720]  and hope the court finds an error or plead an error or is this a trial de novo where you get to do it all over again?
[01:38:11.720 --> 01:38:13.720]  I believe it's strictly an appeal.
[01:38:13.720 --> 01:38:19.720]  If it's strictly an appeal, you're already hosed because now you're going to be trying to raise issues
[01:38:19.720 --> 01:38:24.720]  that were not raised at the original trial and that's not going to be allowed.
[01:38:24.720 --> 01:38:34.720]  Well, I just remember when he did say violated, he referenced Section 90C of the Massachusetts General Laws
[01:38:34.720 --> 01:38:39.720]  and I rebutted what he done by saying that and the definition is not, which is Section 1,
[01:38:39.720 --> 01:38:48.720]  that the term automobile or pleasure vehicle is not mentioned in that statute of definition.
[01:38:48.720 --> 01:38:51.720]  And then he quickly moved on.
[01:38:51.720 --> 01:38:54.720]  That doesn't surprise me either.
[01:38:54.720 --> 01:39:00.720]  Okay. What was the specific citation that he said?
[01:39:00.720 --> 01:39:03.720]  It was a speeding citation.
[01:39:03.720 --> 01:39:07.720]  In Massachusetts, right?
[01:39:07.720 --> 01:39:10.720]  What was the reference the judge made?
[01:39:10.720 --> 01:39:12.720]  Yeah, 90 point what?
[01:39:12.720 --> 01:39:25.720]  90 Massachusetts General Law, Chapter 90, Section 1, Subsection C.
[01:39:25.720 --> 01:39:30.720]  Chapter 90, Subsection 1, Sub-Item C?
[01:39:30.720 --> 01:39:35.720]  Yes, sir.
[01:39:35.720 --> 01:39:43.720]  Okay. All right. Are you comfortable giving out your phone number?
[01:39:43.720 --> 01:39:44.720]  Yes.
[01:39:44.720 --> 01:39:45.720]  I have his phone number right here.
[01:39:45.720 --> 01:39:46.720]  Oh, okay.
[01:39:46.720 --> 01:39:49.720]  Then I'll get your phone number from Deborah so you don't have to say it on the air.
[01:39:49.720 --> 01:39:53.720]  Let me see if I can find something in the Massachusetts statutes
[01:39:53.720 --> 01:39:59.720]  and I will call you as soon as I'm done with the show tonight and just tell you what I can.
[01:39:59.720 --> 01:40:01.720]  I appreciate it.
[01:40:01.720 --> 01:40:03.720]  Thank you very much, everybody.
[01:40:03.720 --> 01:40:05.720]  All right. You're welcome.
[01:40:05.720 --> 01:40:07.720]  All right. Thank you, Mark.
[01:40:07.720 --> 01:40:09.720]  Thank you. Bye-bye.
[01:40:09.720 --> 01:40:14.720]  Okay. We're going to move on now to Tim in Texas.
[01:40:14.720 --> 01:40:15.720]  Tim.
[01:40:15.720 --> 01:40:16.720]  Good evening, folks.
[01:40:16.720 --> 01:40:17.720]  Hello, Tim.
[01:40:17.720 --> 01:40:18.720]  What's on your mind?
[01:40:18.720 --> 01:40:19.720]  And then we've got Gary after that.
[01:40:19.720 --> 01:40:20.720]  Go ahead, Tim.
[01:40:20.720 --> 01:40:22.720]  Hopefully I won't take up the full segment.
[01:40:22.720 --> 01:40:25.720]  I just wanted to let you guys know I've been doing a little bit more digging.
[01:40:25.720 --> 01:40:31.720]  And Eddie, I stumbled onto the Legislative Council drafting manual.
[01:40:31.720 --> 01:40:32.720]  Cool.
[01:40:32.720 --> 01:40:40.720]  This is the manual that those who draft the legislation in Texas provides all the rules for that.
[01:40:40.720 --> 01:40:45.720]  Now, last time I called in we were talking about includes and all that stuff.
[01:40:45.720 --> 01:40:48.720]  And this has actually got some pretty interesting stuff in here.
[01:40:48.720 --> 01:40:53.720]  Most specifically, it talks about the term person.
[01:40:53.720 --> 01:40:55.720]  We were talking about this last time I called in.
[01:40:55.720 --> 01:40:58.720]  And on page 14 of this manual it says person.
[01:40:58.720 --> 01:41:02.720]  It says it is often desirable to define person broadly,
[01:41:02.720 --> 01:41:06.720]  such as an individual, corporation, or association.
[01:41:06.720 --> 01:41:12.720]  And although this violates the rule against giving a word an artificial meaning,
[01:41:12.720 --> 01:41:19.720]  so therefore it states right there very clearly that those terms are artificial meanings and it's known to them.
[01:41:19.720 --> 01:41:23.720]  I thought that was kind of an interesting little tidbit there.
[01:41:23.720 --> 01:41:24.720]  Well, that's good.
[01:41:24.720 --> 01:41:26.720]  Scan that and send me a copy, will you, Tim?
[01:41:26.720 --> 01:41:29.720]  Actually, I'll send you a link directly to the PDF and get straight to the site.
[01:41:29.720 --> 01:41:30.720]  Oh, cool.
[01:41:30.720 --> 01:41:31.720]  That'll work even better.
[01:41:31.720 --> 01:41:33.720]  It's not word searchable.
[01:41:33.720 --> 01:41:41.720]  Some of the stuff has – they must have put this in a certain way where it's hard to search for words in the document.
[01:41:41.720 --> 01:41:48.720]  But it's pretty lengthy, but I've got a pretty good – I've been trying to go through that and get started on that.
[01:41:48.720 --> 01:41:50.720]  So anyway, so that's really about all I had tonight.
[01:41:50.720 --> 01:41:52.720]  I just want to let you guys know I dug into this,
[01:41:52.720 --> 01:41:57.720]  and I'll send you and Randy this link in case you need this for reference material and stuff like that.
[01:41:57.720 --> 01:42:04.720]  And I don't mean to put you guys on the spot, but I'd like to propose that maybe sometime we could get together
[01:42:04.720 --> 01:42:11.720]  and talk about maybe trying to find some case law on the definition of person
[01:42:11.720 --> 01:42:17.720]  so we can get something that we could draft after these motions to kind of solidify that.
[01:42:17.720 --> 01:42:22.720]  I've heard several people say that they've got case law on person.
[01:42:22.720 --> 01:42:25.720]  I've heard David Merlin talk about it and a few others.
[01:42:25.720 --> 01:42:30.720]  And I just don't have any means of locating those cases.
[01:42:30.720 --> 01:42:33.720]  Well, no, Eddie, when you – when we were at the seminar,
[01:42:33.720 --> 01:42:38.720]  basically you were saying that you used the definition that's in the statute.
[01:42:38.720 --> 01:42:39.720]  Yes.
[01:42:39.720 --> 01:42:42.720]  You have to – I mean, depending on what situation you're dealing with,
[01:42:42.720 --> 01:42:46.720]  I mean, we don't even really need case law on that because if you're just dealing with a transportation code,
[01:42:46.720 --> 01:42:52.720]  you look at the definition of person in the transportation code and specifically under that chapter.
[01:42:52.720 --> 01:42:57.720]  Sometimes the same word will have multiple definitions from chapter to chapter,
[01:42:57.720 --> 01:43:00.720]  so you don't really go to case law for something like that.
[01:43:00.720 --> 01:43:07.720]  Yeah, the reason to go to case law is if they try to argue that it means something other than what the statute says,
[01:43:07.720 --> 01:43:13.720]  and then the case law is not going to deal with the definition of person.
[01:43:13.720 --> 01:43:20.720]  It's going to deal with their argument of trying to alter a legislative act through judicial fiat.
[01:43:20.720 --> 01:43:21.720]  Right.
[01:43:21.720 --> 01:43:28.720]  But even then, the point being that all I did in the seminar was I took the various sources to compare them
[01:43:28.720 --> 01:43:38.720]  to show that in virtually every case this is all it's ever been meant to mean and the only way it's ever been used.
[01:43:38.720 --> 01:43:43.720]  I mean, I would suggest, Tim, I mean, you can look at the annotated code.
[01:43:43.720 --> 01:43:47.720]  That may be helpful.
[01:43:47.720 --> 01:43:50.720]  Well, I'd probably appease the law library to do that.
[01:43:50.720 --> 01:43:51.720]  Okay, listen, we're going to break.
[01:43:51.720 --> 01:43:53.720]  Do you have anything else for us, Tim?
[01:43:53.720 --> 01:43:54.720]  Just a couple minutes.
[01:43:54.720 --> 01:43:55.720]  Okay, all right, and then we'll go to Gary.
[01:43:55.720 --> 01:44:05.720]  We'll be right back.
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[01:45:06.720 --> 01:45:20.720]  Hello.
[01:45:20.720 --> 01:45:24.720]  Something in this world I will never understand.
[01:45:24.720 --> 01:45:28.720]  Something I realize fully.
[01:45:28.720 --> 01:45:37.720]  Somebody's gonna police that policeman, somebody's gonna police the bully.
[01:45:37.720 --> 01:45:41.720]  There's always a room out the top of the hill.
[01:45:41.720 --> 01:45:46.720]  I hear through the grapevine and it's lonely left too.
[01:45:46.720 --> 01:45:50.720]  They're wishing it was more than opposition, the bill.
[01:45:50.720 --> 01:45:54.720]  They know that if they don't do it, somebody will.
[01:45:54.720 --> 01:45:58.720]  Something in this world I will never understand.
[01:45:58.720 --> 01:46:02.720]  Something I realize fully.
[01:46:02.720 --> 01:46:11.720]  Somebody's gonna police that policeman, somebody's gonna police the bully.
[01:46:11.720 --> 01:46:13.720]  I know they will.
[01:46:13.720 --> 01:46:17.720]  Yeah, they're gonna put the bill.
[01:46:17.720 --> 01:46:19.720]  Okay, we are back.
[01:46:19.720 --> 01:46:21.720]  And the call board's starting to fill up.
[01:46:21.720 --> 01:46:24.720]  So Tim, please if you can finish up quickly.
[01:46:24.720 --> 01:46:28.720]  We need to go to Gary from Texas and there's two other callers after that.
[01:46:28.720 --> 01:46:31.720]  We've only got 12 minutes left of the broadcast.
[01:46:31.720 --> 01:46:34.720]  So please finish up quickly.
[01:46:34.720 --> 01:46:35.720]  Sure.
[01:46:35.720 --> 01:46:39.720]  And just to wrap it up under that section of person on page 14,
[01:46:39.720 --> 01:46:41.720]  it also says that the last sentence,
[01:46:41.720 --> 01:46:46.720]  the definition of person in 311.005 Government Code applies to those codes
[01:46:46.720 --> 01:46:50.720]  to which the Construction Act applies and they do not otherwise define the term.
[01:46:50.720 --> 01:46:53.720]  So there's once again confirmation that answers my question
[01:46:53.720 --> 01:46:55.720]  I was calling my legislator about.
[01:46:55.720 --> 01:46:57.720]  So anyway, some good stuff in here.
[01:46:57.720 --> 01:46:58.720]  All right, great.
[01:46:58.720 --> 01:46:59.720]  Bye, Tim.
[01:46:59.720 --> 01:47:00.720]  All right, thanks, Tim.
[01:47:00.720 --> 01:47:04.720]  All right, we're going now to Gary in Texas.
[01:47:04.720 --> 01:47:05.720]  Hey, good evening, guys.
[01:47:05.720 --> 01:47:06.720]  Hey, Gary, what's on your mind?
[01:47:06.720 --> 01:47:08.720]  All right, just real quickly.
[01:47:08.720 --> 01:47:13.720]  I've been listening to Eddie for the last several weeks on his statements
[01:47:13.720 --> 01:47:18.720]  or he's been giving about what the statutes say about the Motor Vehicle Code.
[01:47:18.720 --> 01:47:20.720]  And they say what they say.
[01:47:20.720 --> 01:47:27.720]  And if that be the case, if a law enforcement officer writes you a ticket
[01:47:27.720 --> 01:47:34.720]  for failure to have a license or operating a vehicle with a license,
[01:47:34.720 --> 01:47:42.720]  is he not – is he involved 3710A of the Texas Penal Code
[01:47:42.720 --> 01:47:47.720]  in making a false statement into a governmental record?
[01:47:47.720 --> 01:47:49.720]  He's very good.
[01:47:49.720 --> 01:47:51.720]  That's exactly what he's doing.
[01:47:51.720 --> 01:47:56.720]  And that's why there's approximately 15 different criminal charges
[01:47:56.720 --> 01:48:01.720]  you can levy against an officer for initiating a traffic stop.
[01:48:01.720 --> 01:48:04.720]  And all that is in the seminar materials too.
[01:48:04.720 --> 01:48:05.720]  Is it?
[01:48:05.720 --> 01:48:06.720]  Okay.
[01:48:06.720 --> 01:48:07.720]  It's in the seminar package, yes.
[01:48:07.720 --> 01:48:09.720]  Okay, well, I'll let you get on to other callers.
[01:48:09.720 --> 01:48:10.720]  I just wanted to ask that question.
[01:48:10.720 --> 01:48:11.720]  Thank you so much.
[01:48:11.720 --> 01:48:15.720]  Yeah, that's exactly what they're doing is committing multiple different types of criminal acts.
[01:48:15.720 --> 01:48:17.720]  Okay, thank you, sir.
[01:48:17.720 --> 01:48:18.720]  Okay, wonderful.
[01:48:18.720 --> 01:48:25.720]  Okay, we're going now to Gabby in Minnesota.
[01:48:25.720 --> 01:48:26.720]  Gabby, thanks for calling in.
[01:48:26.720 --> 01:48:29.720]  What's on your mind tonight?
[01:48:29.720 --> 01:48:33.720]  Well, so I got a ticket earlier like a couple months ago.
[01:48:33.720 --> 01:48:35.720]  And I went in and took care of it.
[01:48:35.720 --> 01:48:37.720]  And they said it was a speeding ticket.
[01:48:37.720 --> 01:48:39.720]  And they said I paid the fee and everything.
[01:48:39.720 --> 01:48:42.720]  And they said as long as I don't get one for like another year,
[01:48:42.720 --> 01:48:45.720]  it'll go off my record and I won't have that.
[01:48:45.720 --> 01:48:47.720]  And then just like about less than a month ago,
[01:48:47.720 --> 01:48:51.720]  I was driving in 5 o'clock traffic and a cop pulled me over.
[01:48:51.720 --> 01:48:54.720]  And he had been driving like with the traffic.
[01:48:54.720 --> 01:48:56.720]  And he gave me a ticket for speeding.
[01:48:56.720 --> 01:48:58.720]  But I wasn't speeding.
[01:48:58.720 --> 01:49:01.720]  And he hadn't been like scanning the traffic or anything.
[01:49:01.720 --> 01:49:03.720]  And so he gave me this ticket.
[01:49:03.720 --> 01:49:05.720]  I don't know what to do because if I get this ticket,
[01:49:05.720 --> 01:49:08.720]  then I'm going to get both of them put on my record.
[01:49:08.720 --> 01:49:12.720]  And so the distance.
[01:49:12.720 --> 01:49:13.720]  Okay.
[01:49:13.720 --> 01:49:15.720]  And you said you're in where?
[01:49:15.720 --> 01:49:16.720]  Minnesota.
[01:49:16.720 --> 01:49:18.720]  Minnesota.
[01:49:18.720 --> 01:49:21.720]  Well, Minnesota and its wonderful ticketing system.
[01:49:21.720 --> 01:49:22.720]  Okay.
[01:49:22.720 --> 01:49:26.720]  First off, what were the conditions of when this occurred?
[01:49:26.720 --> 01:49:28.720]  How many other cars were on the road?
[01:49:28.720 --> 01:49:30.720]  Where were you in relation to the officer?
[01:49:30.720 --> 01:49:33.720]  By what medium did the officer say that he managed to monitor your speed
[01:49:33.720 --> 01:49:37.720]  and make the determination you were speeding, blah, blah, blah?
[01:49:37.720 --> 01:49:41.720]  I was in the passing lane, like the far left lane.
[01:49:41.720 --> 01:49:45.720]  And he just pulled up like he was driving behind me.
[01:49:45.720 --> 01:49:48.720]  And there wasn't, it wasn't like stop traffic.
[01:49:48.720 --> 01:49:52.720]  It was just like traffic, like you were all going with the flow,
[01:49:52.720 --> 01:49:54.720]  but it wasn't like.
[01:49:54.720 --> 01:49:56.720]  It wasn't bumper to bumper.
[01:49:56.720 --> 01:49:57.720]  Right.
[01:49:57.720 --> 01:49:58.720]  Okay.
[01:49:58.720 --> 01:50:00.720]  But it wasn't like an open highway.
[01:50:00.720 --> 01:50:04.720]  And he didn't, like on the ticket it said he used a radar gun.
[01:50:04.720 --> 01:50:06.720]  Was he moving?
[01:50:06.720 --> 01:50:07.720]  Yeah.
[01:50:07.720 --> 01:50:09.720]  When he pulled, yeah, like he pulled up behind me,
[01:50:09.720 --> 01:50:14.720]  like he had been driving with the traffic because he hadn't been pulled over
[01:50:14.720 --> 01:50:16.720]  because he wouldn't have been able to scan me.
[01:50:16.720 --> 01:50:18.720]  There was way too many cars for him to hit me.
[01:50:18.720 --> 01:50:19.720]  Right.
[01:50:19.720 --> 01:50:20.720]  So.
[01:50:20.720 --> 01:50:24.720]  And once he pulled in behind you, he pulled you over immediately?
[01:50:24.720 --> 01:50:27.720]  I think he drove with me for like a second or two,
[01:50:27.720 --> 01:50:29.720]  and then he like flipped his lights on and then.
[01:50:29.720 --> 01:50:30.720]  Okay.
[01:50:30.720 --> 01:50:31.720]  Pulled me over.
[01:50:31.720 --> 01:50:32.720]  All right.
[01:50:32.720 --> 01:50:34.720]  Then that's going to be your argument.
[01:50:34.720 --> 01:50:39.720]  First thing is, what day of the month was this?
[01:50:39.720 --> 01:50:41.720]  The 18th.
[01:50:41.720 --> 01:50:42.720]  Eighteenth.
[01:50:42.720 --> 01:50:43.720]  Okay.
[01:50:43.720 --> 01:50:45.720]  Mid-month quota time.
[01:50:45.720 --> 01:50:48.720]  Okay.
[01:50:48.720 --> 01:50:50.720]  Eddie, mid-month quota time.
[01:50:50.720 --> 01:50:51.720]  Hey, I'm serious.
[01:50:51.720 --> 01:50:53.720]  That's exactly what's going on.
[01:50:53.720 --> 01:50:56.720]  Three times a month, beginning, middle, and end.
[01:50:56.720 --> 01:50:57.720]  Okay.
[01:50:57.720 --> 01:51:00.720]  And they put the beginning and middle, they kind of run,
[01:51:00.720 --> 01:51:02.720]  or the beginning and end, they kind of run those together.
[01:51:02.720 --> 01:51:05.720]  But that's an extended period that they try to overlap on weekends
[01:51:05.720 --> 01:51:08.720]  at the beginning and end of every month.
[01:51:08.720 --> 01:51:09.720]  Okay.
[01:51:09.720 --> 01:51:13.720]  First off, let me give you a brief overview of how radar works.
[01:51:13.720 --> 01:51:19.720]  Radar has an 11-degree center radius that it operates from.
[01:51:19.720 --> 01:51:25.720]  Anything outside of that 11 degrees from dead center is iffy at best.
[01:51:25.720 --> 01:51:28.720]  Okay.
[01:51:28.720 --> 01:51:31.720]  You can challenge it based upon an accuracy of the radar.
[01:51:31.720 --> 01:51:35.720]  You can base it upon the officer's ineptitude at operating the radar
[01:51:35.720 --> 01:51:39.720]  because the officer is very aware that he must take multiple readings
[01:51:39.720 --> 01:51:43.720]  to confirm anything that that radar gun puts out.
[01:51:43.720 --> 01:51:47.720]  Jumping in behind you while he's moving, okay,
[01:51:47.720 --> 01:51:52.720]  and traveling down the road behind you for a split second is not enough time
[01:51:52.720 --> 01:51:56.720]  to initiate a correct reading on that radar gun.
[01:51:56.720 --> 01:51:59.720]  It just isn't going to happen.
[01:51:59.720 --> 01:52:03.720]  Now, are you sure he did not say it was laser?
[01:52:03.720 --> 01:52:04.720]  No, I'm looking at the ticket now.
[01:52:04.720 --> 01:52:08.720]  Did he say radar or lidar?
[01:52:08.720 --> 01:52:11.720]  Well, on the ticket it says, like, speed,
[01:52:11.720 --> 01:52:14.720]  because it said, like, the offense description,
[01:52:14.720 --> 01:52:17.720]  and then it said speed in front of these radar.
[01:52:17.720 --> 01:52:19.720]  Okay.
[01:52:19.720 --> 01:52:20.720]  All right.
[01:52:20.720 --> 01:52:22.720]  Well, the problem, that's going to be your argument,
[01:52:22.720 --> 01:52:25.720]  is that there's no way that this could be possible.
[01:52:25.720 --> 01:52:30.720]  The officer switched lanes from behind other cars.
[01:52:30.720 --> 01:52:32.720]  He was not lined up with you.
[01:52:32.720 --> 01:52:34.720]  There's no way that he could have gotten a reading off of you.
[01:52:34.720 --> 01:52:40.720]  He swung in behind you and immediately pulled you over in this traffic.
[01:52:40.720 --> 01:52:44.720]  And you're going to have to take it from that approach.
[01:52:44.720 --> 01:52:46.720]  And what you can do, however,
[01:52:46.720 --> 01:52:51.720]  is you can demand that the officer produce the video from his car
[01:52:51.720 --> 01:52:55.720]  to confirm that this is exactly what he did.
[01:52:55.720 --> 01:52:56.720]  Okay.
[01:52:56.720 --> 01:52:57.720]  Okay.
[01:52:57.720 --> 01:53:01.720]  And then you can show that there was nowhere near enough time
[01:53:01.720 --> 01:53:03.720]  for this officer to do what he's saying
[01:53:03.720 --> 01:53:06.720]  and to produce a reading on that radar gun.
[01:53:06.720 --> 01:53:09.720]  Okay.
[01:53:09.720 --> 01:53:16.720]  But they should just be able to not charge me with it then?
[01:53:16.720 --> 01:53:18.720]  You can tell this all to the judge
[01:53:18.720 --> 01:53:22.720]  and get the judge to understand this has nothing to do with speeding.
[01:53:22.720 --> 01:53:25.720]  This officer did this for whatever other reason,
[01:53:25.720 --> 01:53:26.720]  but there's no way I was speeding.
[01:53:26.720 --> 01:53:30.720]  And in the video, you're going to be able to see that there's other traffic around.
[01:53:30.720 --> 01:53:31.720]  Mm-hmm.
[01:53:31.720 --> 01:53:32.720]  Okay.
[01:53:32.720 --> 01:53:36.720]  So as long as everything that you're passing on to us is accurate,
[01:53:36.720 --> 01:53:38.720]  the tape's going to back you up.
[01:53:38.720 --> 01:53:42.720]  Okay.
[01:53:42.720 --> 01:53:48.720]  And so basically you can demand to be provided with a copy of that recording
[01:53:48.720 --> 01:53:50.720]  because it's going to be used against you.
[01:53:50.720 --> 01:53:52.720]  You're entitled to a copy of it.
[01:53:52.720 --> 01:53:55.720]  And you're entitled to a copy before trial
[01:53:55.720 --> 01:54:00.720]  so that you can review it and make sure that it's going to do what you want it to do.
[01:54:00.720 --> 01:54:01.720]  Okay.
[01:54:01.720 --> 01:54:02.720]  Okay.
[01:54:02.720 --> 01:54:05.720]  Would I just go to the cops for that?
[01:54:05.720 --> 01:54:11.720]  You need to file a motion in the court requesting a copy of the officer's audio
[01:54:11.720 --> 01:54:15.720]  and video recordings at the time of this traffic stop.
[01:54:15.720 --> 01:54:16.720]  And it's a motion.
[01:54:16.720 --> 01:54:17.720]  Okay.
[01:54:17.720 --> 01:54:21.720]  Basically it's just a document that you can fill out and file with the court saying,
[01:54:21.720 --> 01:54:27.720]  for my case, I need this as exculpatory evidence.
[01:54:27.720 --> 01:54:28.720]  Mm-hmm.
[01:54:28.720 --> 01:54:31.720]  And if they don't produce that, then it wouldn't...
[01:54:31.720 --> 01:54:35.720]  If they don't produce it for you, then you raise a serious objection.
[01:54:35.720 --> 01:54:40.720]  They're denying you access to the evidence that's being used against you
[01:54:40.720 --> 01:54:43.720]  and attempting to use it against you anyway.
[01:54:43.720 --> 01:54:46.720]  They're not giving you an opportunity to refute or rebut.
[01:54:46.720 --> 01:54:49.720]  And that's a denial of due process.
[01:54:49.720 --> 01:54:52.720]  So if they attempt to introduce that into court
[01:54:52.720 --> 01:54:58.720]  and have not provided you with a copy of it, object and object repeatedly.
[01:54:58.720 --> 01:54:59.720]  Okay.
[01:54:59.720 --> 01:55:00.720]  Objection, inadmissible.
[01:55:00.720 --> 01:55:07.720]  I was never provided this despite a request in writing for a copy of this.
[01:55:07.720 --> 01:55:13.720]  If you get that recording thrown out, now it's just the officer's word against yours.
[01:55:13.720 --> 01:55:15.720]  And they'll call the officer.
[01:55:15.720 --> 01:55:16.720]  Right.
[01:55:16.720 --> 01:55:19.720]  And since you can't question the radar gun,
[01:55:19.720 --> 01:55:25.720]  then everything he's saying as the operator is basically technical hearsay.
[01:55:25.720 --> 01:55:30.720]  He's telling you he used it correctly, but he can't verify that it operated correctly.
[01:55:30.720 --> 01:55:33.720]  Mm-hmm.
[01:55:33.720 --> 01:55:35.720]  All right.
[01:55:35.720 --> 01:55:36.720]  Okay.
[01:55:36.720 --> 01:55:37.720]  Thank you very much.
[01:55:37.720 --> 01:55:38.720]  All right.
[01:55:38.720 --> 01:55:39.720]  You're welcome.
[01:55:39.720 --> 01:55:40.720]  Thank you.
[01:55:40.720 --> 01:55:41.720]  Okay.
[01:55:41.720 --> 01:55:42.720]  We've got one final caller.
[01:55:42.720 --> 01:55:43.720]  We've got Gary from Georgia.
[01:55:43.720 --> 01:55:45.720]  Gary, thanks for calling in.
[01:55:45.720 --> 01:55:46.720]  What's on your mind tonight?
[01:55:46.720 --> 01:55:53.720]  Well, Deborah, I have on my mind about IRS legal right to ask for information,
[01:55:53.720 --> 01:55:58.720]  invading people's privacy without showing legal justification.
[01:55:58.720 --> 01:56:02.720]  First thing they must have, I notice it might be off-subject,
[01:56:02.720 --> 01:56:07.720]  but I see we're discussing various subjects at the present time.
[01:56:07.720 --> 01:56:13.720]  So I would like to show that they have no legal right.
[01:56:13.720 --> 01:56:19.720]  And first I would ask everyone listening to look up the word legal.
[01:56:19.720 --> 01:56:22.720]  If one, if it's not legal, then it's illegal.
[01:56:22.720 --> 01:56:26.720]  If it's not lawful, then they're outside of the law,
[01:56:26.720 --> 01:56:29.720]  and they can be prosecuted on that issue.
[01:56:29.720 --> 01:56:36.720]  So first thing that your person will get is a Form 609,
[01:56:36.720 --> 01:56:40.720]  plus you can go to the 1040 booklet page, I believe it's 88,
[01:56:40.720 --> 01:56:47.720]  says our legal right to ask for information is 6001, 611, 612,
[01:56:47.720 --> 01:56:50.720]  and what their regulations.
[01:56:50.720 --> 01:56:55.720]  The only regulations that could have force and effect of law
[01:56:55.720 --> 01:57:00.720]  or substantive regulations, they must be published in a Federal Register
[01:57:00.720 --> 01:57:05.720]  pursuant to the Federal Register Act 1501 to 1510,
[01:57:05.720 --> 01:57:08.720]  and the court must take judicial notice of those regulations
[01:57:08.720 --> 01:57:16.720]  pursuant to 1507 of the United States Code.
[01:57:16.720 --> 01:57:23.720]  Well, however, extensive research has been done by me and others
[01:57:23.720 --> 01:57:29.720]  that pursuant to 5 U.S.C. section 553,
[01:57:29.720 --> 01:57:41.720]  the IRS has not published regulations that would affect my substantive rights
[01:57:41.720 --> 01:57:48.720]  pursuant to the three questions or three code sections that they say
[01:57:48.720 --> 01:57:50.720]  that gives them a legal right.
[01:57:50.720 --> 01:57:59.720]  They don't have it, so it's 553, 5 U.S.C. 553, C, D, and D,
[01:57:59.720 --> 01:58:01.720]  and I can prove it.
[01:58:01.720 --> 01:58:04.720]  I hear your music, so I'll wait.
[01:58:04.720 --> 01:58:05.720]  Well, this is the end of the show.
[01:58:05.720 --> 01:58:07.720]  We end our show at 10 on Monday night.
[01:58:07.720 --> 01:58:08.720]  God bless you.
[01:58:08.720 --> 01:58:10.720]  Okay, call back in on Thursday, Gary.
[01:58:10.720 --> 01:58:11.720]  Yes, sir, bye.
[01:58:11.720 --> 01:58:13.720]  Okay, all right.
[01:58:13.720 --> 01:58:15.720]  All right, this has been the rule of law.
[01:58:15.720 --> 01:58:18.720]  Randy Kelton, Eddie Craig, Deborah Stevens,
[01:58:18.720 --> 01:58:21.720]  and by Thursday we should have everything ready to go for the seminar package
[01:58:21.720 --> 01:58:23.720]  for you guys.
[01:58:23.720 --> 01:58:26.720]  So I hope everyone out there who has traffic problems will get this,
[01:58:26.720 --> 01:58:29.720]  help you out, it will help us out too,
[01:58:29.720 --> 01:58:33.720]  and also check out Mike Mears' package as well.
[01:58:33.720 --> 01:58:38.720]  Tomorrow night we've got Tom Kiley and the Agenda 21 Talk boys.
[01:58:38.720 --> 01:58:40.720]  So we'll see you all tomorrow night.
[01:58:40.720 --> 01:58:58.720]  Thank you.
[01:58:58.720 --> 01:59:00.720]  This is Deborah Stevens from Rule of Law Radio
[01:59:00.720 --> 01:59:03.720]  with an update on the Austin micro event.
[01:59:03.720 --> 01:59:06.720]  The outpouring of support for 90.1 has been tremendous.
[01:59:06.720 --> 01:59:10.720]  In only two days, Brave New Books has collected over 100 letters
[01:59:10.720 --> 01:59:13.720]  and enough donations to cover court costs so far.
[01:59:13.720 --> 01:59:16.720]  A lawsuit and petition for restraining order has been filed
[01:59:16.720 --> 01:59:21.720]  to stop the FCC from taking any further actions until this is sorted out in court.
[01:59:21.720 --> 01:59:24.720]  90.1 will stay on the air for the long haul.
[01:59:24.720 --> 01:59:27.720]  Even if the court orders the operators to shut down,
[01:59:27.720 --> 01:59:30.720]  we are prepared to appeal all the way to the U.S. Supreme Court.
[01:59:30.720 --> 01:59:34.720]  Now is the time to kick our serving the public interest
[01:59:34.720 --> 01:59:37.720]  letter campaign into high gear to go viral
[01:59:37.720 --> 01:59:40.720]  so we can build as strong a case as possible.
[01:59:40.720 --> 01:59:43.720]  We need your donations to cover future court costs,
[01:59:43.720 --> 01:59:46.720]  travel expenses and possible fines as well.
[01:59:46.720 --> 01:59:50.720]  Please go to ruleoflawradio.com to download the letter and donate
[01:59:50.720 --> 01:59:54.720]  or stop by Brave New Books at 1904 Guadalupe, Suite B.
[01:59:54.720 --> 02:00:04.720]  Thank you, Austin, and please continue your support.