[00:00.000 --> 00:10.840] U.S. officials announced that citizens of 14 nations, including Pakistan, Saudi Arabia [00:10.840 --> 00:16.720] and Nigeria, flying to the United States will be subjected indefinitely to intense airport [00:16.720 --> 00:17.720] screening. [00:17.720 --> 00:22.800] After the failed Christmas Day airline attack, some experts are seeking increasingly draconian [00:22.800 --> 00:24.360] security measures. [00:24.360 --> 00:31.600] One retired U.S. general called for very serious, harsh profiling, singling out all 18- to 28-year-old [00:31.600 --> 00:36.560] Muslim men, calling for them to be strip searched at airports. [00:36.560 --> 00:40.420] Hundreds of the university's students took to the streets in Afghanistan last week to [00:40.420 --> 00:46.680] protest the death of 10 civilians, mostly school children, during Western military operations. [00:46.680 --> 00:51.960] The students burned an effigy of President Barack Obama, and chanted death to Obama and [00:51.960 --> 00:53.840] death to foreign forces. [00:53.840 --> 00:58.280] The New York Times reports that about six million Americans receiving food stamps have [00:58.280 --> 01:00.160] no other income. [01:00.160 --> 01:05.400] Almost one in 50 Americans now lives in a household where the only income is a food [01:05.400 --> 01:06.400] stamp card. [01:06.400 --> 01:12.160] Top of the hour news brought to you by INN World Report. [01:12.160 --> 01:16.440] President Obama declared on Saturday that a branch of Al-Qaeda based in Yemen sponsored [01:16.440 --> 01:20.360] the attempted Christmas Day bombing of a U.S. jet. [01:20.360 --> 01:25.160] Israeli President Ali Abdullah Saleh may be looking in other places for the cause. [01:25.160 --> 01:29.760] The BBC reported on December 28, President Saleh claimed security forces arrested a group [01:29.760 --> 01:33.720] of alleged Islamist militants linked to Israeli intelligence. [01:33.720 --> 01:36.240] Israel is a regional enemy of Yemen. [01:36.240 --> 01:42.160] Mr. Saleh told a gathering at El Mukalla University in Hadramout province that a terrorist cell [01:42.160 --> 01:46.660] was arrested and will be referred to judicial authorities for its links with the Israeli [01:46.660 --> 01:48.240] intelligence services. [01:48.240 --> 01:52.320] The arrests were connected with the attack on the U.S. Embassy last month, which killed [01:52.320 --> 01:53.880] at least 18 people. [01:53.880 --> 02:01.360] Israel's foreign ministry has rejected the accusation as totally ridiculous. [02:01.360 --> 02:05.320] In Afghanistan, government investigators have asserted that eight school children were dragged [02:05.320 --> 02:11.040] from their beds, some of them handcuffed and executed by U.S.-led international forces. [02:11.040 --> 02:13.680] All but one of the children were from the same family. [02:13.680 --> 02:18.320] Foreign military sources said the dead were all part of an Afghan terrorist cell responsible [02:18.320 --> 02:20.760] for manufacturing IEDs. [02:20.760 --> 02:25.800] A delegation sent by Afghan President Hamid Karzai to investigate concluded that the killings [02:25.800 --> 02:29.880] occurred the last Sunday in December in the eastern province of Kunar. [02:29.880 --> 02:34.720] The delegation said that a unit of international forces took 10 people from three homes, eight [02:34.720 --> 02:37.800] of them school students, and shot them dead. [02:37.800 --> 02:42.840] Asala Dula Wafa, who led the investigation, said that U.S. soldiers flew to Kunar from [02:42.840 --> 02:45.960] Kabul suggesting they were part of a special forces unit. [02:45.960 --> 02:50.800] Wafa, former governor of Helmand Province, met Afghan President Hamid Karzai telling [02:50.800 --> 02:56.120] him, quote, I spoke to the local headmaster, adding, it's impossible they were al-Qaeda. [02:56.120 --> 02:57.120] They were children. [02:57.120 --> 02:58.120] They were civilians. [02:58.120 --> 02:59.120] They were innocent. [02:59.120 --> 03:00.120] I condemn this attack. [03:00.120 --> 03:08.040] You are listening to the Rule of Law Radio Network at RuleOfLawRadio.com, live free [03:08.040 --> 03:15.040] speech talk radio at its best. [04:08.040 --> 04:18.040] All right, bad boys, bad boys, what are you going to do when we come for you? [04:18.040 --> 04:23.040] And I got to say, we're definitely coming for him this time. [04:23.040 --> 04:32.640] Tonight, Eddie and I and Randy are going to go over some of this FCC stuff. [04:32.640 --> 04:38.560] Actually, I want to go over this because this is some research that I've done over the weekend. [04:38.560 --> 04:43.760] We have a very important document that's due this week, a challenge to one of these forfeiture [04:43.760 --> 04:47.960] orders from one of these respondents, and the amount of $10,000. [04:47.960 --> 04:52.960] The challenge is due in the Federal Court of Appeals this week, this Friday. [04:52.960 --> 04:53.960] It's due to be filed. [04:53.960 --> 04:58.720] I see David and Jim on the line, probably want to ask Eddie some questions about traffic [04:58.720 --> 04:59.720] tickets. [04:59.720 --> 05:03.440] If you guys want to call back in a little while, we'll put you at the top of the list, [05:03.440 --> 05:04.440] or you can hold either one. [05:04.440 --> 05:11.160] I want to spend about a half an hour or so on this because this is breaking bombshell [05:11.160 --> 05:19.200] information when it comes to busting these guys on what they've done wrong, right, Randy? [05:19.200 --> 05:20.960] Is Randy there? [05:20.960 --> 05:21.960] Yeah, I'm here. [05:21.960 --> 05:22.960] Yes, right. [05:22.960 --> 05:23.960] Okay. [05:23.960 --> 05:29.360] So, we're going to, I'm going to go over this first. [05:29.360 --> 05:34.000] I'm going to read some of this document that I've written so far. [05:34.000 --> 05:36.360] Randy seems to think it's pretty good. [05:36.360 --> 05:42.040] First off, let's go over what they're trying to accuse these respondents of violating anyway. [05:42.040 --> 05:53.040] They're trying to accuse the respondents of violating Section 15.239 of 47 CFR, which [05:53.040 --> 05:55.240] is Code of Federal Regulations. [05:55.240 --> 06:03.160] It's basically the implementation and interpretation of Title 47, which has brought the FCC into [06:03.160 --> 06:04.160] being. [06:04.160 --> 06:14.560] Now, if you look at what this paragraph says, what it talks about, Section 15, Part 15, [06:14.560 --> 06:25.200] as radio engineers know it, all right, Part 15 generally governs very, very, very low-power [06:25.200 --> 06:26.200] things. [06:26.200 --> 06:30.840] Okay, so we're going to go over some definitions of terminology here, all right. [06:30.840 --> 06:39.840] They're making, they're saying that the respondents who have violated this section of Part 15 [06:39.840 --> 06:48.440] were intentionally transmitting at some 13,000 times more than what is allowable under, for [06:48.440 --> 06:55.120] an unlicensed transmission under Section 15.239. [06:55.120 --> 06:59.480] Well, let's look at some of these definitions here. [06:59.480 --> 07:01.720] What does transmit mean? [07:01.720 --> 07:03.120] All right. [07:03.120 --> 07:05.840] What does intentional radiator mean? [07:05.840 --> 07:06.840] All right. [07:06.840 --> 07:08.040] All these things have to be looked at. [07:08.040 --> 07:10.400] What does the word state mean? [07:10.400 --> 07:13.240] What does broadcast mean? [07:13.240 --> 07:15.520] What does communications mean? [07:15.520 --> 07:17.800] All these things come into play. [07:17.800 --> 07:29.160] Well, as it turns out, these respondents are not transmitting energy, radio energy, under [07:29.160 --> 07:32.840] the definitions of Title 47. [07:32.840 --> 07:38.080] At best, you could consider their activities as broadcasting radio communications, which [07:38.080 --> 07:45.520] is exactly what it is, the dissemination of radio communications intended to be received [07:45.520 --> 07:47.440] by the public. [07:47.440 --> 07:55.040] Now, radio, definition of radio communications does involve transmission, but not transmission [07:55.040 --> 07:57.160] of energy. [07:57.160 --> 08:06.600] It involves transmission of visual images or sounds, things like that, not energy. [08:06.600 --> 08:07.600] All right. [08:07.600 --> 08:11.480] If you go, now let's go back to Part 15. [08:11.480 --> 08:20.320] Part 15 governs, this section of Part 15 involves transmissions by intentional radiators, which [08:20.320 --> 08:29.280] is defined under 47 CFR Section 15.3 as a device that intentionally generates and emits [08:29.280 --> 08:34.680] radio frequency energy by radiation or induction. [08:34.680 --> 08:41.600] Again, there are two very specific definitions between transmitting radio communications [08:41.600 --> 08:44.520] and transmitting radio energy. [08:44.520 --> 08:52.320] It is very apparent all throughout Title 47 that these definitely are two different things [08:52.320 --> 08:59.040] because they're always separated by the word or, transmission of energy or communications [08:59.040 --> 09:02.240] or signals by radio. [09:02.240 --> 09:06.520] As Randy loves to say, the legislature never mentions words. [09:06.520 --> 09:14.220] Whenever you see that little word or, it designates that the things being separated are mutually [09:14.220 --> 09:19.800] exclusive sets that do not intersect. [09:19.800 --> 09:24.920] Transmissions of energy cannot be a subset of transmitting communications and vice versa. [09:24.920 --> 09:26.320] They are two different things. [09:26.320 --> 09:27.320] All right. [09:27.320 --> 09:37.680] When you look under the rules of Part 15, 47 CFR Section 15.239, it involves intentional [09:37.680 --> 09:44.560] radiators, which involve transmitting radio energy, et cetera. [09:44.560 --> 09:51.440] Broadcasting, the definition of broadcast involves transmitting radio communications. [09:51.440 --> 10:01.680] Nowhere in Section 15 of 47 CFR, which is Part 15 as radio slang is a concern, nothing [10:01.680 --> 10:09.160] in Part 15 involves broadcasting of communications anywhere, nothing. [10:09.160 --> 10:11.960] I searched through the whole code. [10:11.960 --> 10:18.600] It is impossible to violate Part 15 if you're broadcasting to the general public. [10:18.600 --> 10:24.780] Broadcasting involves transmitting communications, disseminating radio communications intended [10:24.780 --> 10:26.440] to be received by the public. [10:26.440 --> 10:34.800] So these idiots accuse the respondents here in Austin of violating Part 15, saying that [10:34.800 --> 10:43.280] they are broadcasting at something like 15,000 times the maximum field strength allowed under [10:43.280 --> 10:51.360] Part 15, which is 250 microvolts per meter at three meters. [10:51.360 --> 11:02.400] Now by definition, it is impossible to broadcast and maintain a field strength that low. [11:02.400 --> 11:08.400] You cannot possibly broadcast disseminating radio communications to the general public [11:08.400 --> 11:10.320] with a field strength that low. [11:10.320 --> 11:11.320] Impossible. [11:11.320 --> 11:21.280] So these idiots, they misquote their own code, saying that we violated it by broadcasting. [11:21.280 --> 11:23.720] Give me a break. [11:23.720 --> 11:28.320] They misquote their own code, and that's not what the definition of broadcast says anyway, [11:28.320 --> 11:34.880] and besides that, they even admit that the respondents were broadcasting. [11:34.880 --> 11:40.000] So they're stumbling and fumbling all over themselves with their own code and their own [11:40.000 --> 11:41.000] definitions. [11:41.000 --> 11:42.280] So I shot that down. [11:42.280 --> 11:49.080] There's no way that the respondents involved could possibly have violated Part 15 regulations [11:49.080 --> 11:50.720] of 47 CFR. [11:50.720 --> 11:52.720] There's no way under the definitions. [11:52.720 --> 11:59.680] Now if they want to come with some other section of 47 CFR, well then they can come up with [11:59.680 --> 12:03.840] that on their own, all right, because it doesn't look to me like the respondents have violated [12:03.840 --> 12:10.920] any section of 47 CFR anyway, and certainly not Section 15, all right? [12:10.920 --> 12:14.880] So I busted them all over the place on that one. [12:14.880 --> 12:20.360] I said that the commission has failed to show how an act of unlicensed broadcasting could [12:20.360 --> 12:24.920] violate 47 CFR Section 15.239. [12:24.920 --> 12:29.760] The commission has failed to show that the respondent operated in a, quote, intentional [12:29.760 --> 12:30.760] radiator. [12:30.760 --> 12:35.800] The commission has failed to show that respondent has caused any harmful interference as defined [12:35.800 --> 12:38.640] in 47 CFR Section 15. [12:38.640 --> 12:44.800] The commission has failed to show that respondent has violated 47 CFR Section 15 in any manner [12:44.800 --> 12:49.960] whatsoever, all right, and I already went over the fact that it's impossible to broadcast [12:49.960 --> 12:54.240] the dissemination of radio communications intended to be received by the general public [12:54.240 --> 12:59.240] whilst maintaining a maximum field strength of 250 microvolts per meter at three meters. [12:59.240 --> 13:03.240] Thus, such a requirement by the commission would be preposterous on its face. [13:03.240 --> 13:10.600] Furthermore, the definitions of all terms involved as outlined in 47 USC Section 153 [13:10.600 --> 13:22.800] and 47 CFR Section 15.3 would prohibit any such interpretation of 47 CFR Section 15.239. [13:22.800 --> 13:27.960] Mr. Lee and Mr. Carlton, who are these rogue FCC agents, if you even want to call them [13:27.960 --> 13:33.000] agents because they have no oath of office, neither one of them have authority to act [13:33.000 --> 13:38.720] in the name of the FCC whatsoever, which is another argument I'm going to go over in this [13:38.720 --> 13:46.720] petition to nullify this forfeiture order, Mr. Lee and Mr. Carlton also accused respondent [13:46.720 --> 13:51.280] of having violated 47 USC Section 301. [13:51.280 --> 13:59.240] However, Lee and Carlton both failed to specify which paragraph of Section 301 they claim [13:59.240 --> 14:00.840] respondent has violated. [14:00.840 --> 14:03.680] All right, I'm going to stop here. [14:03.680 --> 14:05.960] I'm reading from my document now. [14:05.960 --> 14:13.920] That's like accusing someone of violating the Texas Penal Code. [14:13.920 --> 14:16.280] Can you be a little more specific? [14:16.280 --> 14:17.760] All right. [14:17.760 --> 14:27.200] These idiots have to say specifically which paragraph of Section 301 of 47 USC they're [14:27.200 --> 14:29.880] claiming the respondent has violated. [14:29.880 --> 14:34.040] All right, so we're going to go over it point by point. [14:34.040 --> 14:35.680] I'm going to go over it point by point here. [14:35.680 --> 14:48.760] There are A, B, C, D, and E, and F, six paragraphs that possibly could have been violated under [14:48.760 --> 14:49.760] Section 301. [14:49.760 --> 14:56.280] All right, now the main one that they might try to accuse but they didn't accuse it anyway [14:56.280 --> 15:03.080] would be paragraph A. Paragraph A and all of these paragraphs refer to, again, transmission [15:03.080 --> 15:10.480] of energy or communications or signals by radio, and paragraph A refers to this kind [15:10.480 --> 15:15.560] of activity from one place in any state, territory, or possession of the United States or the [15:15.560 --> 15:24.360] District of Columbia to another place in the same state, territory, possession, or district. [15:24.360 --> 15:30.040] Since respondent was broadcasting the dissemination of radio communications intended to be received [15:30.040 --> 15:36.200] by the public, he was clearly not transmitting radio energy nor communications nor signals [15:36.200 --> 15:44.120] quote, from one place to another place within any state, territory, possession, or the District [15:44.120 --> 15:45.400] of Columbia. [15:45.400 --> 15:53.880] The commission has failed to prove the existence of another place of specific intended reception [15:53.880 --> 16:01.360] within the same state, territory, possession, or district in this instance, but rather the [16:01.360 --> 16:05.000] commission even admits that respondent was broadcasting. [16:05.000 --> 16:12.880] The commission erroneously claims that this broadcast violates 47 CFR, Section 15.239, [16:12.880 --> 16:16.720] which is a sheer impossibility by the definition of the terms in the code. [16:16.720 --> 16:21.360] Furthermore, the commission incorrectly quotes its own code to reach this false conclusion. [16:21.360 --> 16:27.280] Thus, the commission neither claims nor attempts to prove that respondent violated paragraph [16:27.280 --> 16:30.800] A of 47 USC, Section 301. [16:30.800 --> 16:39.080] Okay, the key here is from one place to another place within the same, and also we're going [16:39.080 --> 16:44.160] to go over definition of state too in just a few minutes. [16:44.160 --> 16:45.620] Callers hold on the line. [16:45.620 --> 16:48.120] We're going to get to your calls, or you can call back. [16:48.120 --> 16:52.760] I want to go over this because this is very important, and we're not giving the bad guys [16:52.760 --> 16:55.240] a heads up anyway because this is a civil case. [16:55.240 --> 16:57.120] Everyone gets plenty of time to go over it. [16:57.120 --> 16:58.120] It's not like a criminal. [16:58.120 --> 17:00.440] We'll be right back. [17:00.440 --> 17:03.960] You feel tired when talking about important topics like money and politics? [17:03.960 --> 17:04.960] Sorry. [17:04.960 --> 17:07.800] Are you confused by words like the Constitution or the Federal Reserve? [17:07.800 --> 17:08.800] What? [17:08.800 --> 17:12.600] If so, you may be diagnosed with the deadliest disease known today, stupidity. [17:12.600 --> 17:18.100] Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity [17:18.100 --> 17:19.320] at an early age. [17:19.320 --> 17:23.320] I had no idea that the number one cause of the disease is found in almost every home [17:23.320 --> 17:25.360] in America, the television. [17:25.360 --> 17:30.440] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope. [17:30.440 --> 17:34.200] The staff at Brave New Books have helped me and thousands of other foxaholics suffering [17:34.200 --> 17:39.120] from sports zombieism recover, and because of Brave New Books, I now enjoy reading and [17:39.120 --> 17:42.760] watching educational documentaries without feeling tired or uninterested. [17:42.760 --> 17:50.800] So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 [17:50.800 --> 17:54.880] or visit them in 1904 at Guadalupe or bravenewbookstore.com. [17:54.880 --> 17:58.280] Side effects from using Brave New Books products may include discernment and enlarged vocabulary [17:58.280 --> 18:02.240] and an overall increase in mental functioning. [18:02.240 --> 18:23.120] Thank you for watching, have a nice day and have a good one. [18:23.120 --> 18:31.120] We ask the question, look one again, and they don't ever answer. [18:31.120 --> 18:33.120] And so they sleep inside. [18:33.120 --> 18:38.120] I can't wait to see, Lord, how they are waiting, take it easy. [18:38.120 --> 18:43.120] But I can't wait to politically end them, get them mad and angry. [18:43.120 --> 18:48.120] Get them back standing up and fight and fight for their freedom and be free. [18:48.120 --> 18:54.120] And let them love slavery and get rid of the government again. [18:54.120 --> 18:57.120] Okay. [18:57.120 --> 19:00.120] We ask the questions and they don't have the answer. [19:00.120 --> 19:06.120] Just what the heck are you trying to accuse these people of doing anyway? [19:06.120 --> 19:08.120] Okay. [19:08.120 --> 19:14.120] You know, I'm sorry if I seem a little heated right now, but these people have just made me plum mad. [19:14.120 --> 19:21.120] They have made me plum mad and I say they're trying to shut down all these micro broadcasters all over the country. [19:21.120 --> 19:26.120] And everything they're doing is illegal in violation of their own code. [19:26.120 --> 19:28.120] They're bumbling and stumbling all over themselves. [19:28.120 --> 19:31.120] They're not even accusing people of breaking any specific laws or rules. [19:31.120 --> 19:33.120] And I say bring it on. [19:33.120 --> 19:35.120] I'm in the perfect mood. [19:35.120 --> 19:36.120] Okay. [19:36.120 --> 19:42.120] Back to the document that I'm preparing for this one particular respondent. [19:42.120 --> 19:44.120] I wouldn't say four. [19:44.120 --> 19:46.120] I'm helping this respondent prepare. [19:46.120 --> 19:49.120] We don't provide legal services here at Rule of Law Radio. [19:49.120 --> 20:04.120] Anyways, back to paragraph A of Section 301, referring to transmission of energy communications or signals of radio, [20:04.120 --> 20:16.120] signals by radio from one place in any state, territory, possession or DC to another place in the same state, territory, position or district. [20:16.120 --> 20:18.120] We'll go over the definition of state in a minute. [20:18.120 --> 20:26.120] But let's first focus on this from one place to another place. [20:26.120 --> 20:31.120] And let's go over the definition of transmission. [20:31.120 --> 20:36.120] Now, there's no specific definition of transmission of that word by itself in Title 47. [20:36.120 --> 20:40.120] There is a definition of transmission of energy by radio. [20:40.120 --> 20:51.120] And there is a definition of radio communications, which involves transmitting by radio basically sounds or images. [20:51.120 --> 21:06.120] All right, the definition of the word transmit under law or transmission is to, there has to be an exchange involved from one entity to another specific entity. [21:06.120 --> 21:08.120] Breaker, breaker, window-maker. [21:08.120 --> 21:10.120] Okay, wait, hold on, hold on. [21:10.120 --> 21:15.120] I want to go back to what the root of the transmission, the word transmission means. [21:15.120 --> 21:26.120] It came from, originally from inheritance law, where an estate would be transmitted to an heir. [21:26.120 --> 21:34.120] All right, and from there, different definitions of the word transmission in Bouviers and Blacks, [21:34.120 --> 21:41.120] it always involves an exchange of property from one entity to another. [21:41.120 --> 21:44.120] That's what a transmission is. [21:44.120 --> 21:48.120] So when it comes to radio communications, there's a transmission. [21:48.120 --> 21:50.120] There's an exchange of property. [21:50.120 --> 21:56.120] There's an exchange of this information from one entity to another specific entity. [21:56.120 --> 22:01.120] Now, with broadcasting, it's disseminating to the general public. [22:01.120 --> 22:12.120] So under paragraph A, when you're talking about transmitting energy or communications or signals from one place to another place, [22:12.120 --> 22:27.120] it's very clear there has to be another place, a specific, intended another place of reception of the transmission. [22:27.120 --> 22:36.120] If you look all through Part 15, as they love to call it, 47 CFR Section 15, what does it involve? [22:36.120 --> 22:51.120] All the examples are things like garage door openers, remote controls for TV, things like that, maybe walking, maybe a CB radio, [22:51.120 --> 23:00.120] which even a CB radio is kind of borderline because the general public, you know, could have receptors, but certainly walkie talkies, [23:00.120 --> 23:08.120] two-way radios, companies used to use two-way radio a lot before there were cell phones. [23:08.120 --> 23:19.120] In other words, a specific group, a finite, in mathematics it's called discrete, a discrete group, [23:19.120 --> 23:26.120] a finite specific number of intended receivers. [23:26.120 --> 23:29.120] All right, that's what it means from one place to another place. [23:29.120 --> 23:38.120] Maybe there could be multiple places, but you have to show something, a place or an entity very specific of intended reception. [23:38.120 --> 23:46.120] Now, these idiots in the forfeiture orders and notices of liability did not address this at all, [23:46.120 --> 23:51.120] but rather they admitted that the respondents were broadcasting. [23:51.120 --> 24:00.120] Okay, so how can they possibly say that these people were violating Section A, Paragraph A of Section 301 [24:00.120 --> 24:08.120] just because they were broadcasting, you know, within the same state, which we'll go over that in a minute. [24:08.120 --> 24:15.120] Let me finish reading this paragraph, but I wanted to really get this point across about from one place to another place [24:15.120 --> 24:27.120] because Paragraph A, the commission, always loves to say, well, we have jurisdiction over all radio transmissions within the states, [24:27.120 --> 24:34.120] the 50 states of the union because it clearly says in Paragraph A, within the same state. [24:34.120 --> 24:37.120] Okay, so here's the next bombshell. [24:37.120 --> 24:42.120] Look at the definition of state in Title 47. [24:42.120 --> 24:50.120] It only includes U.S. territories, possessions or the districts of Columbia. [24:50.120 --> 24:58.120] That means Guam, Puerto Rico, maybe a section of land, property that has been ceded to the federal government [24:58.120 --> 25:02.120] by one of the sovereign states of the union, and I've already gone over that. [25:02.120 --> 25:06.120] I've already done the research at the archives, the state archives here in Texas. [25:06.120 --> 25:13.120] Not one square inch of property in Travis County in Texas has been ceded to the federal government. [25:13.120 --> 25:21.120] So there are no territories or possessions inside this county, inside this sovereign state of the union. [25:21.120 --> 25:25.120] Actually, Deborah, those are considered ceded lands. [25:25.120 --> 25:27.120] They don't fall under the definition of state at all. [25:27.120 --> 25:31.120] Okay, so then that doesn't even apply. [25:31.120 --> 25:39.120] So certainly this activity, whatever you want to call it, is not in a state or a territory or possession [25:39.120 --> 25:44.120] or the district of Columbia as these terms are defined in Title 47. [25:44.120 --> 25:48.120] So that's the other blow, huge blow to them. [25:48.120 --> 25:51.120] Let me finish reading this paragraph. [25:51.120 --> 25:57.120] The commission failed to claim or prove that respondent violated Paragraph A of Section 301 [25:57.120 --> 26:03.120] referring to transmission of energy or communications or signals by radio from one place in any state, [26:03.120 --> 26:07.120] et cetera, et cetera, to another place in the same, et cetera. [26:07.120 --> 26:12.120] Since respondent was broadcasting the dissemination of radio communications intended to be received by the public, [26:12.120 --> 26:18.120] he was clearly not transmitting energy nor communications nor signals from one place to another place [26:18.120 --> 26:23.120] within any state, territory, possession or district of Columbia. [26:23.120 --> 26:30.120] The commission has failed to prove the existence of another place of specific intended reception in this instance, [26:30.120 --> 26:33.120] but rather the commission even admits respondent was broadcasting. [26:33.120 --> 26:40.120] Commission erroneously claims this broadcast violates 47 CFR 5th Section 15, which is a sheer impossibility. [26:40.120 --> 26:45.120] And furthermore, they incorrectly quote their own code to reach this false conclusion. [26:45.120 --> 26:52.120] The commission neither claims nor attempts to prove respondent violated Paragraph A of 47 USC Section 301. [26:52.120 --> 26:56.120] Okay, so now let's go down the rest of the paragraphs of Section 301. [26:56.120 --> 26:58.120] What about Paragraph B? [26:58.120 --> 27:03.120] Could the respondents have possibly been being accused of violating Paragraph B? [27:03.120 --> 27:09.120] Well, Paragraph B says involves transmission of energy or communications or signals by radio [27:09.120 --> 27:14.120] from any state, territory or possession or from the District of Columbia [27:14.120 --> 27:19.120] to another state, territory, possession or district of Columbia. [27:19.120 --> 27:24.120] Obviously, respondent could not possibly have been doing that, [27:24.120 --> 27:29.120] transmitting from one of these entities to another one of these legal entities [27:29.120 --> 27:34.120] because the signal strength could not possibly have been that strong. [27:34.120 --> 27:37.120] Plus, like I said before, they even admitted they were broadcasting. [27:37.120 --> 27:44.120] Plus, the activities were not even occurring within a state as defined under Title 47. [27:44.120 --> 27:52.120] Continuing on, what about Paragraph C? Commission failed to claim or prove respondent violated Paragraph C, [27:52.120 --> 27:57.120] which refers to transmission of energy or communications or signals from any place [27:57.120 --> 28:05.120] in any state, territory or possession or DC to any place in any foreign country or to any vessel. [28:05.120 --> 28:12.120] Obviously, that's not what was happening either and neither did the commission even try to go there. [28:12.120 --> 28:18.120] Paragraph D? Commission claimed to fail or prove that respondent violated Paragraph D, [28:18.120 --> 28:24.120] which refers to transmission of energy or communications or signals by radio within any state [28:24.120 --> 28:30.120] when the effects of such use extend beyond the borders of said state [28:30.120 --> 28:38.120] or when any interference is caused by such use or operation with the transmission of such energy, [28:38.120 --> 28:43.120] communications or signals within said state to any place beyond its borders [28:43.120 --> 28:48.120] or from any place beyond its borders to any place within said state [28:48.120 --> 28:53.120] or with the transmission or reception of such energy, communications or signals [28:53.120 --> 28:58.120] from and or to places beyond the borders of said state. [28:58.120 --> 29:05.120] Okay, so even if you want to pretend like the word state here means one of the 50 states of the union, [29:05.120 --> 29:11.120] in order for respondent to have violated Paragraph D, [29:11.120 --> 29:20.120] something would have had to happen like the transmitter would have been set up near state lines [29:20.120 --> 29:26.120] and interfering with a licensed station in another state where people in another state [29:26.120 --> 29:30.120] couldn't hear that radio station there or vice versa. [29:30.120 --> 29:35.120] In other words, there had to have been some kind of effect, negative effect, [29:35.120 --> 29:40.120] involving the crossing of state lines here, which certainly was not happening, [29:40.120 --> 29:47.120] and plus, respondents were not, activities were not within a state anyway. [29:47.120 --> 29:52.120] Okay, I know you guys want to ask traffic questions. I'm almost done. [29:52.120 --> 30:00.120] We'll get back on the other side. We got some callers in line. We'll be right back. [30:00.120 --> 30:05.120] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [30:05.120 --> 30:09.120] Stop debt collectors now with the Michael Mears proven method. [30:09.120 --> 30:14.120] Michael Mears has won six cases in federal court against debt collectors, and now you can win two. [30:14.120 --> 30:20.120] You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes. [30:20.120 --> 30:24.120] What to do when contacted by phone, mail, or court summons. [30:24.120 --> 30:26.120] How to answer letters and phone calls. [30:26.120 --> 30:29.120] How to get debt collectors out of your credit report. [30:29.120 --> 30:33.120] How to turn the financial tables on them and make them pay you to go away. [30:33.120 --> 30:38.120] The Michael Mears proven method is the jurisdictionary on how to stop debt collectors. [30:38.120 --> 30:41.120] Personal consultation is available as well. [30:41.120 --> 30:46.120] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner, [30:46.120 --> 30:49.120] or email michaelmears at yahoo.com. [30:49.120 --> 30:57.120] That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [30:57.120 --> 31:20.120] to learn how to stop debt collectors now. [31:27.120 --> 31:55.120] Okay, we're back. [31:55.120 --> 31:57.120] I know you guys want to ask traffic questions. [31:57.120 --> 31:59.120] I'm trying to get through this as fast as I can. [31:59.120 --> 32:03.120] I know that Eddie and Randy, they wanted to go over this tonight too. [32:03.120 --> 32:05.120] So we're preempting the traffic stuff. [32:05.120 --> 32:08.120] We'll go over plenty of traffic stuff on Thursday as well. [32:08.120 --> 32:19.120] So at any rate, paragraph D, if they even wanted to try to go there by saying the word state means one of the 50 states of the union, [32:19.120 --> 32:28.120] in this situation, it would not apply, and notice here, they make a clear difference. [32:28.120 --> 32:38.120] Referring to paragraph D, it talks about when the effects of such use extend beyond the borders of the state, [32:38.120 --> 32:50.120] not when you're transmitting from one state to another state, or from one place in a state to another place in another state, et cetera, et cetera, [32:50.120 --> 32:55.120] or from one place to another place within the same state, et cetera, et cetera. [32:55.120 --> 33:05.120] So again, it's just back up upon back up upon back up that if you are broadcasting radio communications, [33:05.120 --> 33:10.120] there is no way you are transmitting from one place to another place within the same state, [33:10.120 --> 33:17.120] even if you wanted to think erroneously that the word state means one of the 50 states of the union. [33:17.120 --> 33:19.120] So let's continue on. [33:19.120 --> 33:29.120] On paragraph E, okay, so again, the commission neither claims nor attempts to prove that respondents violated paragraph D. [33:29.120 --> 33:39.120] Paragraph E and F, I'm not going to go too much into that, it involves transmissions and communications onboard vessels, aircraft, and mobile stations. [33:39.120 --> 33:41.120] All right, so they didn't even try to go there. [33:41.120 --> 33:54.120] All right, so again, what we want to know is just what part of the code, the statute, actually this is statute, not code, [33:54.120 --> 34:03.120] just what part of Section 301 of 47 USC are they claiming these respondents are violating? [34:03.120 --> 34:15.120] They did not mention which paragraph and they did not try to prove that the activities fall within the definitions of any of these terms, [34:15.120 --> 34:28.120] whether it be transmission of energy or communications, radio communications or state or intentional radiators or broadcast or energy. [34:28.120 --> 34:34.120] They didn't address any of these terms that have very specific definitions. [34:34.120 --> 34:39.120] They just said, oh, you guys, y'all violated 301. [34:39.120 --> 34:43.120] Y'all violated part 15 of 47 CFR. [34:43.120 --> 34:45.120] No, no, no, no. [34:45.120 --> 34:48.120] They have to be very specific and they did not prove any of it. [34:48.120 --> 34:49.120] They're stumbling all over themselves. [34:49.120 --> 34:52.120] Like I said, they even admit that there was broadcast involved. [34:52.120 --> 34:57.120] Okay, now, and I went over the fact about the state. [34:57.120 --> 35:03.120] Activities do not occur within a state as defined by Title 47. [35:03.120 --> 35:14.120] Anyway, now for the next bombshell, I decided to see how I could grill them on their administrative procedures. [35:14.120 --> 35:19.120] What did these guys not do that they were supposed to? [35:19.120 --> 35:25.120] Well, so I decided, and Randy hasn't even heard about this one yet. [35:25.120 --> 35:27.120] I just came up with this one today. [35:27.120 --> 35:34.120] This is in Section 503 of Title 47 involving forfeitures [35:34.120 --> 35:40.120] and the procedures that they have to go through in order to enforce a forfeiture. [35:40.120 --> 35:47.120] All right, they have to send notices of liability and these kinds of things, which is what happened. [35:47.120 --> 35:52.120] However, here's where they really tripped up. [35:52.120 --> 35:59.120] Paragraph 5 under Section 503 of Title 47, it says, [35:59.120 --> 36:05.120] no forfeiture liability shall be determined under this subsection against any person [36:05.120 --> 36:12.120] if such person does not hold a license permit, certificate, or other authorization issued by the commission [36:12.120 --> 36:17.120] and if such person is not an applicant for a license permit or certificate [36:17.120 --> 36:26.120] authorization issued by the commission unless prior to the notice of liability required by Paragraph 3 of this subsection, [36:26.120 --> 36:30.120] I'm sorry, prior to the notice required by Paragraph 3 of this subsection [36:30.120 --> 36:37.120] or the notice of liability required by Paragraph 4 of this subsection, such person, [36:37.120 --> 36:42.120] A, is sent a citation of the violation charged, [36:42.120 --> 36:47.120] B, is given reasonable opportunity for a personal interview with an official of the commission [36:47.120 --> 36:55.120] at the field office of the commission which is nearest to the person's place of residence. [36:55.120 --> 37:01.120] Wait a minute, wait a minute, how are we going to have a meeting in mailboxes, et cetera? [37:01.120 --> 37:09.120] Okay, not only that, they did not send a citation before sending the notice of liability [37:09.120 --> 37:17.120] and again, they were not giving an opportunity for a personal interview with an official at the field office [37:17.120 --> 37:20.120] because there does not exist a field office. [37:20.120 --> 37:23.120] It's a post office box at a mailboxes, et cetera. [37:23.120 --> 37:27.120] I'm telling you, I am ripping these guys to pieces. [37:27.120 --> 37:34.120] Now, Paragraph C, I'm sorry, Paragraph C here, subsection C of Paragraph 5, [37:34.120 --> 37:42.120] it says also the accused has to subsequently engage in conduct of the type described in citation. [37:42.120 --> 37:45.120] Well, in this particular instance of this particular respondent, [37:45.120 --> 37:51.120] he did not subsequently engage in the conduct described. [37:51.120 --> 37:54.120] Well, actually, he couldn't have because there was no citation, [37:54.120 --> 37:58.120] but bottom line, he shut down after he got the notice of liability. [37:58.120 --> 38:05.120] Okay, now here's the one little catch that I'm going to have to argue, but I got it covered. [38:05.120 --> 38:10.120] It says the provision of this paragraph shall not apply if the person involved is engaging in activities [38:10.120 --> 38:13.120] for which a license, permit certificate or other authorization is required [38:13.120 --> 38:16.120] or is a cable television system operator, blah, blah, blah, blah, blah. [38:16.120 --> 38:22.120] Okay, what the FCC may try to argue is that, well, we didn't have to give you a citation, [38:22.120 --> 38:27.120] we didn't have to give you a personal interview because y'all were engaging in activities [38:27.120 --> 38:33.120] for which a license or permit was required, and I say, no, the respondent was not [38:33.120 --> 38:45.120] because the only requirement for licensing or permits falls under Section 302, [38:45.120 --> 38:55.120] which I just went over, I'm sorry, Section 301 of 47 USC, the paragraphs that I just debunked, A through E, [38:55.120 --> 39:02.120] those are activities which the commission is authorized to require a license for, [39:02.120 --> 39:10.120] and I have just proved that if one is broadcasting the dissemination of radio communications [39:10.120 --> 39:15.120] intended to be received by the general public and the effects of such broadcasts [39:15.120 --> 39:21.120] do not extend beyond the borders of whatever state they're in, even if you want to call it a state, [39:21.120 --> 39:28.120] and when there's no interference, et cetera, et cetera, then that broadcaster cannot possibly [39:28.120 --> 39:31.120] be violating paragraph D of Section 301. [39:31.120 --> 39:38.120] So I am going to maintain, even if the commission tries to argue that they were not required [39:38.120 --> 39:43.120] to give citations and opportunities for personal interviews because they're going to claim [39:43.120 --> 39:48.120] that the person was engaged in activities for which a license or permit was required, [39:48.120 --> 39:56.120] I'm going to say these activities do not fall under such for which a license or permit is required. [39:56.120 --> 40:02.120] And besides, I can still make the same argument anyway, but obviously license for such activities [40:02.120 --> 40:07.120] are not required under Title 47, Section 301. [40:07.120 --> 40:13.120] They had to have sent a citation before the notice of liability, and they had to have given [40:13.120 --> 40:18.120] reasonable opportunity for personal interview at the field office, which is nearest to the person's [40:18.120 --> 40:24.120] place of residence, and the person would have had to subsequently engage in conduct of the type [40:24.120 --> 40:27.120] described in such citation. [40:27.120 --> 40:34.120] None of this happened, so they violated their own procedure. [40:34.120 --> 40:41.120] Therefore, for all these reasons, this forfeiture order is moot, it's bogus on its face, [40:41.120 --> 40:50.120] it's a non-legal document, which brings up another issue of the fact that these idiots [40:50.120 --> 40:57.120] have no oath of office, they are not legitimate agents, they are not authorized to represent [40:57.120 --> 41:01.120] the commission in any way whatsoever. [41:01.120 --> 41:07.120] So that's yet another reason why the forfeiture order is bogus on its face, and I might add [41:07.120 --> 41:14.120] that I think I figured out just why none of these retards have an oath of office. [41:14.120 --> 41:21.120] Now, in many cases, like with judges and maybe some other issues, I mean, Randy and I have seen [41:21.120 --> 41:22.120] it's rampant. [41:22.120 --> 41:24.120] Everyone sees it everywhere. [41:24.120 --> 41:26.120] We talk about it on all these shows on the network. [41:26.120 --> 41:29.120] None of these public servants have an oath of office. [41:29.120 --> 41:37.120] Now, maybe for a lot of cases it's because they're just brain dead or whatever, but in [41:37.120 --> 41:40.120] this particular case, I don't think that's the reason. [41:40.120 --> 41:48.120] I think it's because they're not using their real names, and so they can't get the document notarized. [41:48.120 --> 41:51.120] That's the whole point of a notary. [41:51.120 --> 41:59.120] The notary verifies the identity of the human being signing the document. [41:59.120 --> 42:07.120] Well, a notary is not going to put his AFF on the line and go to jail and lose his commission [42:07.120 --> 42:13.120] by notarizing a signature of someone who's not showing them an ID or someone who cannot [42:13.120 --> 42:15.120] prove that they are who they say they are. [42:15.120 --> 42:21.120] And like I said, both of these idiots, they don't have a notarized oath of office. [42:21.120 --> 42:26.120] One of them, it's not even dated, and it doesn't even, the notary doesn't even attempt to say [42:26.120 --> 42:27.120] they're a notary. [42:27.120 --> 42:30.120] It doesn't say my commission expires at such and such date. [42:30.120 --> 42:38.120] The other one, Dennis Carlton, who claims that he is the regional director of the FCC, [42:38.120 --> 42:46.120] that guy's oath of office, bogus oath of office, it has someone who claims they were a notary [42:46.120 --> 42:52.120] and says their commission expires at such and such date, but there's no notary seal. [42:52.120 --> 43:00.120] It has to be stamped with the stamp of the notary in order for it to be a properly notarized document. [43:00.120 --> 43:04.120] So any which way you slice it, these guys are dead meat. [43:04.120 --> 43:05.120] I shredded them. [43:05.120 --> 43:09.120] Just an interjection there, Deborah, it's not that it has to be notarized. [43:09.120 --> 43:15.120] It has to be sworn and signed before somebody that is lawfully able to administer an oath. [43:15.120 --> 43:18.120] A notary is just one of those types of officials. [43:18.120 --> 43:24.120] But whatever official is there when it's done is the one that has to sign off on it. [43:24.120 --> 43:27.120] Right. [43:27.120 --> 43:33.120] So can anybody poke a hole in this? [43:33.120 --> 43:36.120] I mean, I'm not saying the judge is going to agree with me, [43:36.120 --> 43:48.120] but it's going to have a really hard time not agreeing with this and looking like a sane human being. [43:48.120 --> 43:49.120] All right. [43:49.120 --> 43:54.120] We'll have some discussion about this on the other side and then we'll start taking your calls. [43:54.120 --> 44:00.120] We'll be right back. [44:00.120 --> 44:03.120] Attention, an important product from hempusa.org, [44:03.120 --> 44:08.120] micro plant powder will change your life by removing all types of positive toxins, [44:08.120 --> 44:14.120] such as heavy metals, parasites, bacteria, viruses and fungus from the digestive tract and stomach wall [44:14.120 --> 44:16.120] so you can absorb nutrients. 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[45:42.120 --> 45:44.120] All right, got a bunch of callers on the board. [45:44.120 --> 45:47.120] We're going to start taking your calls in just a moment when, [45:47.120 --> 45:51.120] after Eddie and Randy have a little discussion about this. [45:51.120 --> 45:53.120] But first, I just wanted to comment. [45:53.120 --> 45:58.120] I've got a couple of Skype chats saying, Deb, why are you laying it all out on the air? [45:58.120 --> 46:02.120] I'm worried they're going to, you know, they're going to have time to rebut you. [46:02.120 --> 46:04.120] What are you doing? [46:04.120 --> 46:06.120] And I had mentioned this earlier. [46:06.120 --> 46:09.120] Maybe somebody had just tuned in. [46:09.120 --> 46:12.120] There are no surprises in civil cases. [46:12.120 --> 46:18.120] All right, this document and all these arguments have to be filed by this Friday. [46:18.120 --> 46:23.120] And then they will have 30 days to respond. [46:23.120 --> 46:27.120] The commission will have 30 days to come up with a rebuttal. [46:27.120 --> 46:32.120] So in civil cases, you don't get to ambush anybody. [46:32.120 --> 46:36.120] There is some degree of ambushing in criminal cases, not much, [46:36.120 --> 46:39.120] but I'm not really too concerned about this, [46:39.120 --> 46:46.120] besides the fact that I'm not going over anything that they don't already know. [46:46.120 --> 46:49.120] All right, this is straight out of the code. [46:49.120 --> 46:53.120] This is straight out of Title 47, [46:53.120 --> 47:01.120] and Randy's going to be digging up some case law to just reinforce what I'm saying. [47:01.120 --> 47:05.120] But at any rate, so I'm not too concerned about that. [47:05.120 --> 47:07.120] Yes, and I have a problem. [47:07.120 --> 47:08.120] What? [47:08.120 --> 47:18.120] Well, we brought Eddie on the show, and the way he handles traffic issues, [47:18.120 --> 47:22.120] he really makes me look like a chump and a piker. [47:22.120 --> 47:28.120] And then Debra prepared that document the other day, and I read it, [47:28.120 --> 47:32.120] and she really made me seem feel like a chump and a piker. [47:32.120 --> 47:36.120] That was really a nice piece of work. [47:36.120 --> 47:42.120] All this stuff she's went over, she put in about a page and a half. [47:42.120 --> 47:44.120] A page and a half document covered all of it. [47:44.120 --> 47:50.120] It is an excellent example of how to stay focused [47:50.120 --> 47:56.120] and treat an argument without losing your focus on the argument itself. [47:56.120 --> 47:58.120] She stacked all the law together. [47:58.120 --> 48:00.120] She compared one to the other. [48:00.120 --> 48:02.120] It was a really nice piece of work. [48:02.120 --> 48:03.120] Thanks, Randy. [48:03.120 --> 48:07.120] Actually, I put in the stuff about the Oath of Office isn't in there yet, [48:07.120 --> 48:10.120] and the stuff that I found today isn't in there yet [48:10.120 --> 48:13.120] about how they were required to issue a citation [48:13.120 --> 48:17.120] and give opportunity for a personal interview at the field office. [48:17.120 --> 48:20.120] I hadn't gotten to that part yet, but I will do as succinctly as possible. [48:20.120 --> 48:22.120] That's part of what was so good about that. [48:22.120 --> 48:25.120] It was one single argument, [48:25.120 --> 48:28.120] and then we'll do the Oath of Office as a separate argument. [48:28.120 --> 48:34.120] But it's really hard when you have all of these pieces, [48:34.120 --> 48:36.120] when you know about all these other things, [48:36.120 --> 48:43.120] not to drift off into them to stay focused on a single argument [48:43.120 --> 48:46.120] this exhaustively that was really nicely done. [48:46.120 --> 48:48.120] These guys are going to have a hard time. [48:48.120 --> 48:53.120] And one of the comments I wanted to make about the citation [48:53.120 --> 48:57.120] and you having a right to meet at the field office, [48:57.120 --> 49:02.120] the fact that they claim a field office in Houston [49:02.120 --> 49:07.120] and it's a mailboxes, et cetera, [49:07.120 --> 49:11.120] goes to the fact that they never have any intention [49:11.120 --> 49:15.120] of allowing anyone to meet in accordance with this statute. [49:15.120 --> 49:19.120] Absolutely not. [49:19.120 --> 49:21.120] Absolutely not. [49:21.120 --> 49:24.120] I think what they're really there for [49:24.120 --> 49:29.120] is a funding function for the FCC. [49:29.120 --> 49:36.120] And this idea of putting an enforcement agent out on the street [49:36.120 --> 49:41.120] and then giving that enforcement agent adjudicatory authority [49:41.120 --> 49:46.120] is a prescription for constitutional conflict. [49:46.120 --> 49:50.120] And that's one of the issues that as I'm thinking about this, [49:50.120 --> 49:55.120] it became clear that all of these things these agents are doing [49:55.120 --> 49:58.120] goes directly to a constitutional conflict. [49:58.120 --> 50:02.120] Well, it's kind of similar to what the IRS does really. [50:02.120 --> 50:06.120] It's designed to deny due process. [50:06.120 --> 50:10.120] Well, we do get opportunity for judicial review [50:10.120 --> 50:12.120] and that's what's going to happen. [50:12.120 --> 50:16.120] Certainly in the case of this one respondent [50:16.120 --> 50:21.120] who has been given this bogus forfeiture order [50:21.120 --> 50:27.120] and the other respondent who has been given a notice of liability, [50:27.120 --> 50:31.120] after we filed the lawsuit, [50:31.120 --> 50:36.120] the commission has, at least at this point in time, [50:36.120 --> 50:40.120] decided to decline from acting on that notice of liability [50:40.120 --> 50:42.120] and handing down a forfeiture order, [50:42.120 --> 50:47.120] which is unusual because usually when you get these notices of liability [50:47.120 --> 50:51.120] of forfeiture, they give you 30 days to give them a good reason [50:51.120 --> 50:57.120] of why they should throw it out or reduce the forfeiture [50:57.120 --> 51:02.120] and then people submit these arguments and then they blow it off [51:02.120 --> 51:06.120] and then within five days the forfeiture order comes down. [51:06.120 --> 51:10.120] I am going to bet that once we get discovery, [51:10.120 --> 51:20.120] we will find that the incident of the agent not enforcing the forfeiture [51:20.120 --> 51:24.120] is going to be somewhere between zero and none, [51:24.120 --> 51:29.120] that the agent who is given adjudicatory authority [51:29.120 --> 51:34.120] always exercises it the same way [51:34.120 --> 51:40.120] and I suspect I am going to find it goes to either his income [51:40.120 --> 51:45.120] or maintaining his position as an agent [51:45.120 --> 51:49.120] and that creates a constitutional conflict. [51:49.120 --> 51:55.120] Well, now that is going to be in the civil case that we filed against them. [51:55.120 --> 52:01.120] That is not going to be in this challenge to the forfeiture order [52:01.120 --> 52:05.120] in the federal appellate court that is going to be filed in the federal appellate court [52:05.120 --> 52:09.120] because what I suspect is going to happen is this forfeiture [52:09.120 --> 52:14.120] is going to get thrown out at the federal appellate court [52:14.120 --> 52:20.120] and that the commission is no way going to even hand down a forfeiture order [52:20.120 --> 52:25.120] to this other respondent and once we get that forfeiture thrown out, [52:25.120 --> 52:31.120] that is when we get to summon up all of our energies [52:31.120 --> 52:37.120] and go after these guys like gangbusters in our civil lawsuit that we have against them. [52:37.120 --> 52:41.120] All right, Eddie, any comments? [52:41.120 --> 52:43.120] Other than very nice work, no. [52:43.120 --> 52:45.120] Okay, thank you. [52:45.120 --> 52:48.120] You learned very well how to dissect these statutes. [52:48.120 --> 52:55.120] Well, I didn't nearly get a Ph.D. in math from the University of Texas for nothing. [52:55.120 --> 53:05.120] I knew that all that training of my mind would come to some good application one of these days. [53:05.120 --> 53:08.120] I always kind of regretted that I never finished my Ph.D. [53:08.120 --> 53:11.120] but maybe this is my Ph.D. thesis after all. [53:11.120 --> 53:12.120] Okay, let's go to the calls now. [53:12.120 --> 53:15.120] We got Deloitte in Idaho. [53:15.120 --> 53:16.120] Deloitte, thanks for calling in. [53:16.120 --> 53:19.120] What's on your mind? [53:19.120 --> 53:21.120] Well, I've got a real problem tonight. [53:21.120 --> 53:27.120] I can't pick you up on the Internet, so I can't broadcast this. [53:27.120 --> 53:35.120] No, well, it shows I have many, many streams hitting my server. [53:35.120 --> 53:39.120] Well, I'm not able to pick you up, but I'm glad that this is not a rerun [53:39.120 --> 53:42.120] and I'm glad to hear what's been going on. [53:42.120 --> 53:44.120] I've been listening for about a half hour now. [53:44.120 --> 53:48.120] I missed the first part of the show, and I say congratulations. [53:48.120 --> 53:50.120] I think you've got them on the road. [53:50.120 --> 53:54.120] Well, thanks, Deloitte, and it is all being archived. [53:54.120 --> 54:05.120] Now, the servers that I have contracted, I don't host a web server from the studio. [54:05.120 --> 54:10.120] I just encode the stream to servers that host the streams. [54:10.120 --> 54:16.120] And sometimes there are servers that host streams to different areas of the country. [54:16.120 --> 54:22.120] And so sometimes I have gotten calls from people saying they couldn't pick up the stream [54:22.120 --> 54:25.120] and they were on the West Coast, but people on the East Coast could pick it up. [54:25.120 --> 54:30.120] So maybe one of the servers is down that's servicing your area of the country. [54:30.120 --> 54:32.120] But this is all being archived. [54:32.120 --> 54:35.120] Yeah, I'm getting chats right now from people saying they're listening to the stream. [54:35.120 --> 54:37.120] I know people are listening to the stream because I see the hits. [54:37.120 --> 54:41.120] So I'm sorry about that, Deloitte, but you go back and listen to the archive [54:41.120 --> 54:44.120] because this is good stuff. [54:44.120 --> 54:46.120] And just keep trying. [54:46.120 --> 54:52.120] Yeah, especially considering who you are. [54:52.120 --> 54:55.120] He's one of our affiliates. [54:55.120 --> 54:58.120] I want you guys to have a good night, and I'll talk to you another time. [54:58.120 --> 55:01.120] Okay, just keep trying to hit the stream, okay? [55:01.120 --> 55:02.120] I will. [55:02.120 --> 55:04.120] Okay, thanks. [55:04.120 --> 55:08.120] Okay, all right, we are going now to un-callers call in now. [55:08.120 --> 55:11.120] You can call in and comment about this or anything else. [55:11.120 --> 55:14.120] I'm sorry, my call screener is not available tonight. [55:14.120 --> 55:17.120] I see a couple of unscreened calls on the board. [55:17.120 --> 55:24.120] So if you could just hang tight, don't feel like you're being ignored. [55:24.120 --> 55:28.120] My call screener is having some technical difficulties right now. [55:28.120 --> 55:32.120] Actually, I just saw the unscreened call drop off. [55:32.120 --> 55:38.120] So at any rate, please call in and free to discuss anything on your mind right now. [55:38.120 --> 55:40.120] All right, we're going to go to David in Texas. [55:40.120 --> 55:41.120] David, thanks for calling in. [55:41.120 --> 55:43.120] What's on your mind tonight? [55:43.120 --> 55:48.120] Well, Debra, wow, I'm just amazed listening to you. [55:48.120 --> 55:52.120] That's quite a lot of work you put into that thus far. [55:52.120 --> 55:54.120] I wish you guys all the best. [55:54.120 --> 55:56.120] Thanks. [55:56.120 --> 56:04.120] Listen, I just got a ticket in Williamson County and their Goliath is kind of shaking the cage of David here. [56:04.120 --> 56:07.120] I went to court four times on this little misdemeanor ticket. [56:07.120 --> 56:11.120] I was driving a newly bought used car. [56:11.120 --> 56:14.120] The officer said the license plate was falling off. [56:14.120 --> 56:19.120] Maybe he was a master of physics and he thought it as such, but it really wasn't. [56:19.120 --> 56:29.120] He ended up running the registration sticker and the registration sticker was fraudulent, totally unbeknownst to me. [56:29.120 --> 56:36.120] Anyway, he wrote a ticket for that and no insurance since I just bought the vehicle, but I was covered and I showed that to the court. [56:36.120 --> 56:43.120] They didn't want to dismiss either charge, and I've been to court four times over this matter. [56:43.120 --> 56:54.120] The last time, actually the third time that I appeared, the judge and I had a really difficult head-to-head there. [56:54.120 --> 56:59.120] He demanded that he know all my information where I worked, et cetera, et cetera. [56:59.120 --> 57:07.120] I finally acquiesced because he said he would put me in contempt, and then I show up the fourth time supposedly for my jury trial. [57:07.120 --> 57:16.120] I wait there, wait there, and they do not summon, they don't call me, but I wasn't scheduled for that day. [57:16.120 --> 57:21.120] That was the fourth time I got to speak to the judge. [57:21.120 --> 57:26.120] I said that they had actually rescheduled it, and I asked the clerk. [57:26.120 --> 57:32.120] The clerk said they sent out notification three days before that final appearance. [57:32.120 --> 57:35.120] What kind of recourse do I have, if any? [57:35.120 --> 57:40.120] Okay. First thing is, what officer wrote you the ticket, city or county? [57:40.120 --> 57:42.120] It's city. [57:42.120 --> 57:43.120] The city wrote it. [57:43.120 --> 57:44.120] Yes, sir. [57:44.120 --> 57:45.120] Okay. [57:45.120 --> 57:54.120] Then I need to refer you to Administrative Code Title 37, Part 1, Chapter 29. [57:54.120 --> 57:55.120] Okay. [57:55.120 --> 58:01.120] That's what I was originally going to go over tonight on the show on what we have here, [58:01.120 --> 58:08.120] but if you'll hang on to the other side of the break, I'll go over some of it real quick to show you exactly why this is going to benefit you. [58:08.120 --> 58:13.120] Yeah, Eddie, and you can have Thursday as well to go over anything you don't get to go over tonight. [58:13.120 --> 58:19.120] I'm sorry I preempted this, but this is major, and I also had to say I also wanted to go over this [58:19.120 --> 58:22.120] because this is the reason I wasn't able to go out to the Brave New Books event yesterday, [58:22.120 --> 58:26.120] because I was just so exhausted and spending all my time all weekend long. [58:26.120 --> 58:30.120] The last two weeks, this is all I've been doing is researching this stuff. [58:30.120 --> 58:33.120] Anyway, Eddie will get plenty of time to go over his stuff. [58:33.120 --> 58:35.120] We'll be right back on the other side. [58:35.120 --> 58:36.120] David, hang on the line. [58:36.120 --> 58:37.120] Nathan, hang on the line. [58:37.120 --> 58:45.120] Other callers, if you'd like to call in and ask any questions, or me or Randy, 512-646-1984. [58:45.120 --> 59:00.120] We'll be right back. [59:00.120 --> 59:21.120] In a time where telling the truth is a revolutionary act, radicals across the globe are rising up and uniting behind one simple yet profound message, choose freedom. Join the revolution and tune in to the Rise Up Radio Show with Katherine Bleich and John Bush every Monday, Wednesday and Friday from 7 to 10 a.m. on 90.1 FM in Austin or ruleoflawradio.com on the Internet. [59:21.120 --> 59:22.120] That's right, folks. [59:22.120 --> 59:28.120] John Bush and I will be bringing you the latest news from the front lines and examining successful activist strategies from states across the Union. [59:28.120 --> 59:37.120] Come along for the rise of January as we speak truth to power and embark on Operation D-Fuse, a multi-state tour and expose on the mechanics of the modern police state. [59:37.120 --> 59:43.120] Check out operationsdfuse.com for more information and be sure to tune in all this week to hear from these great guests. [59:43.120 --> 59:47.120] Monday, January 4th, renowned author and liberty defender T. Edward Griffin. [59:47.120 --> 59:50.120] Wednesday, January 6th, Mark Lerner of the Stop Real ID Coalition. [59:50.120 --> 59:54.120] And Friday, January 8th, Michael Bolden of the 10th Amendment Center. [59:54.120 --> 01:00:00.120] So tune in, folks, every Monday, Wednesday and Friday morning from 7 to 10 a.m. And don't just wake up. Rise up. [01:00:00.120 --> 01:00:04.120] This news brief brought to you by the International Newsnet. [01:00:04.120 --> 01:00:15.120] According to Pentagon records, 2009 was the deadliest year for U.S. forces in Afghanistan and the first year in which casualties there exceeded those in Iraq. [01:00:15.120 --> 01:00:23.120] More than 312 American soldiers died in Afghanistan last year, while in Iraq 150 Americans lost their lives. [01:00:23.120 --> 01:00:31.120] Opinion Research Business estimates that 1.2 million Iraqis have been killed violently since the U.S.-led invasion. [01:00:31.120 --> 01:00:44.120] Peru's Supreme Court confirmed a verdict finding Alberto Fujimori guilty of ordering the kidnapping and murder of 25 dissidents during his presidency from 1990 to 2000. [01:00:44.120 --> 01:00:54.120] His 25-year sentence marks the first time a democratically elected Latin American ruler was found guilty on human rights abuses in his own country. [01:00:54.120 --> 01:01:04.120] NASA scientists warn the protective bubble around the sun that helps to shield the Earth from harmful interstellar radiation is shrinking and getting weaker. [01:01:04.120 --> 01:01:13.120] The hemisphere, the protective shield of energy that surrounds our solar system, has weakened by 25 percent over the past decade. [01:01:13.120 --> 01:01:25.120] Iraq will help the victims of the 2007 shooting of civilians in Baghdad to file a lawsuit in the U.S. against employees of security firm Blackwater, [01:01:25.120 --> 01:01:31.120] an incident that turned a spotlight on the United States' use of mercenaries in war zones. [01:01:31.120 --> 01:01:58.120] Last week, a U.S. judge threw out charges against five guards accused of killing 14 Iraqi civilians, saying the defendant's constitutional rights had been violated. [01:01:58.120 --> 01:02:04.120] The U.S. Embassy in Kabul said eight Americans were killed in an attack in eastern Afghanistan yesterday. [01:02:04.120 --> 01:02:09.120] NATO's International Security Assistance Force said that the dead were not uniformed soldiers. [01:02:09.120 --> 01:02:16.120] Afghan forces said that they were civilians killed in a suicide attack on a compound in Khost province. [01:02:16.120 --> 01:02:20.120] December 29, the Military Journal Veterans Today, in a report titled, [01:02:20.120 --> 01:02:29.120] Revenants Mounts for U.S. Complicity and Terrorism, reveals the father of alleged crotch bomber Umar Abdul Mutallab al-Haj, Umaru Abdul Mutallab, [01:02:29.120 --> 01:02:33.120] ran the Nigerian national arms industry in partnership with Israel. [01:02:33.120 --> 01:02:36.120] Though Islamic, Mutallab was a close associate of Israel. [01:02:36.120 --> 01:02:42.120] According to Veterans Today senior editor Gordon Duff, the company, the Defense Industries Corporation of Kaduna, [01:02:42.120 --> 01:03:01.120] ran everything in Nigeria from arms production to counter-terrorism and that the senior Abdul Mutallab was in daily contact with Israel. [01:03:01.120 --> 01:03:16.120] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech talk radio at its best. [01:03:16.120 --> 01:03:33.120] Get him out of here, hold me on. Get hold me on, man. Where you gonna do it? Tell you where I'm going. It's not been me, man. I cannot do this. It's been me, man. Six to one, six and a half million. [01:03:33.120 --> 01:03:50.120] Come on, man. Come on. Come on, man. Come on. [01:04:03.120 --> 01:04:22.120] Come on, man. Come on, man. [01:04:22.120 --> 01:04:36.120] Get your dog out of here, out of my backyard. He's disturbing me. I tell him never, never get your dog out of my backyard. [01:04:36.120 --> 01:04:44.120] Never, never get your dog out of my backyard. [01:04:44.120 --> 01:04:57.120] Give him sponges, eat it. Give him bread, eat it. Watch out, disaster is guessing. Wooden stuff from barking. Fasting, never peeping. Looking over, seeking your dog in my heart. [01:04:57.120 --> 01:05:00.120] Okay, we are back. [01:05:00.120 --> 01:05:06.120] All right, we're speaking with David in Texas and Eddie, go ahead. I just wanted to mention a couple other things first. [01:05:06.120 --> 01:05:14.120] So we got Nathan, Jay and Johnny, and the PSA reminded me, folks, we do have brand new shows here on Rule of Law Radio Network. [01:05:14.120 --> 01:05:23.120] New year, new shows, new archives. All the archives are going to be at 128K. They're mono files anyway, so very high quality archives for you guys. [01:05:23.120 --> 01:05:29.120] They'll take a little longer to download. I'll still have the 16K versions for people who have, you know, dial-up Internet. [01:05:29.120 --> 01:05:37.120] Monday, Wednesdays and Fridays, John Bush and Katherine Bleich, Rise Up Radio, 7 a.m. to 10 a.m. [01:05:37.120 --> 01:05:46.120] For those who have a morning commute and for those who are morning people, I'll tell you what, it's going to be kind of hard on me to have such a very strange schedule, [01:05:46.120 --> 01:05:51.120] sleep three, four hours at night, sleep three, four hours during the day, but I'm doing it. I produced a show this morning. [01:05:51.120 --> 01:06:02.120] It was excellent, excellent show that had Geo and Griffin on during the third hour. So definitely tune in or download the archives if you're not up at that time of the day. [01:06:02.120 --> 01:06:11.120] And also this Friday, another brand new show starting Katie Brewer, Liberty's Brewing is the name of her show. [01:06:11.120 --> 01:06:24.120] So we got another female on the network here, Katherine Bleich and Katie Brewer. So Katie Brewer's show will be from 6 to 8 p.m. on Friday evenings at Central Time. [01:06:24.120 --> 01:06:34.120] The Agenda 21 Talk Show has cut their show back to one show a week. Unfortunately, they are involved in too much activist work. [01:06:34.120 --> 01:06:39.120] They are taking down the system over there in Alabama, so they only have time to do one show a week. [01:06:39.120 --> 01:06:46.120] But y'all will love Katie. She's awesome. She filled in for John Bush one time, so enjoy her show starting this Friday. [01:06:46.120 --> 01:06:52.120] Okay, anyway, just wanted to go through those couple announcements, and we are back to David and Eddie now. [01:06:52.120 --> 01:06:55.120] Okay, go ahead, Eddie. You were about to tell David something. [01:06:55.120 --> 01:07:03.120] Okay, David, in Title 37, Part 1, Chapter 29, you want to look at Rule 29.2, Dealing with Scope. [01:07:03.120 --> 01:07:10.120] Now this is titled Public Safety and Corrections, Texas Department of Public Safety Practice and Procedure, Scope. [01:07:10.120 --> 01:07:19.120] These rules shall govern the procedure for the institution, conduct, and determination of all contested cases arising under the department's jurisdiction [01:07:19.120 --> 01:07:29.120] with the exception of cases arising under Texas Transportation Code Chapters 521, 522, 524, and 724. [01:07:29.120 --> 01:07:40.120] Well, guess what? Registration is 502. Inspection is 548. All the other sections you're talking about as far as that information, [01:07:40.120 --> 01:07:46.120] all arise under chapters to which these rules of the Texas Administrative Procedures Act apply. [01:07:46.120 --> 01:07:55.120] You are in a judicial forum in this court. The courts have no jurisdiction if all administrative procedures have not been exhausted. [01:07:55.120 --> 01:08:09.120] The state has not done so. Pursuant to the Administrative Procedures Act, all administrative remedies must be exhausted before the judicial venue can be had. [01:08:09.120 --> 01:08:13.120] So the first thing you do is challenge jurisdiction. [01:08:13.120 --> 01:08:15.120] Okay. [01:08:15.120 --> 01:08:22.120] The fact that the judge has progressed this far without establishing jurisdiction means he gets a set of criminal charges filed against him. [01:08:22.120 --> 01:08:31.120] Right. And I'd like to do that. I'd like to because this judge needs – he blatantly said, you know, I don't care how many times you showed up here. [01:08:31.120 --> 01:08:35.120] Just totally, you know, usurping my rights. [01:08:35.120 --> 01:08:37.120] Are you taking your recorder to court? [01:08:37.120 --> 01:08:43.120] No, sir. I should have – I thought of that as I'm driving away. I should have done that. [01:08:43.120 --> 01:08:48.120] Okay. Back to Eddie rule number one. Keep it in your car. [01:08:48.120 --> 01:08:51.120] Right. Right. [01:08:51.120 --> 01:08:52.120] Okay. [01:08:52.120 --> 01:08:55.120] So all this – this is in the Texas Transportation Code, correct? [01:08:55.120 --> 01:09:06.120] No. The Texas Administrative Code. Everything in the Texas Transportation Code falls under the jurisdiction of either the Department of Public Safety or the Department of Transportation. [01:09:06.120 --> 01:09:18.120] And this right here makes it very clear that everything under the jurisdiction of the Department of Public Safety is required to fall under this scope in any contested case. [01:09:18.120 --> 01:09:24.120] I don't know about you, but when you're fighting a traffic ticket, that sounds pretty dabbling contested to me. [01:09:24.120 --> 01:09:29.120] Right. So then how come – how come these municipalities think they can get away with that if – [01:09:29.120 --> 01:09:39.120] Because nobody else knows. They've hidden the Administrative Code away from the side of the people for so long they bank on people not doing this and finding it. [01:09:39.120 --> 01:09:45.120] Wow. So what can I – what can I – what punitive damage can I affect on this judge now? [01:09:45.120 --> 01:09:49.120] Besides getting him fired and thrown in jail for fraud? [01:09:49.120 --> 01:09:51.120] You can sue him personally. [01:09:51.120 --> 01:09:54.120] You can go after his house if you want to. [01:09:54.120 --> 01:09:58.120] How should this be filed back to the court? How should I – how should I – [01:09:58.120 --> 01:10:10.120] It's a motion to dismiss for lack of subject matter jurisdiction. I have the motion for the Administrative Procedures Act already done. I just had to get this one section integrated into it. [01:10:10.120 --> 01:10:16.120] It's already done. Randy's already reviewed it and appeared to like it. He hasn't said otherwise to my face lately. [01:10:16.120 --> 01:10:19.120] I didn't vomit once. [01:10:19.120 --> 01:10:26.120] Yeah. So all I got to do is get this reference of the chapter integrated to show that they have no discretion in this matter. [01:10:26.120 --> 01:10:36.120] The rules are very clear that everything under the jurisdiction, with the exception of specific portions of 521, 522, 524, and 724 – [01:10:36.120 --> 01:10:46.120] and just in case those out there don't know what those are – 521 is the chapter dealing with the driver's license as defined as a temporary license, learner's permit, [01:10:46.120 --> 01:10:53.120] or occupational license, which we went over in the seminar in its entirety. 522 is the commercial driver's license. [01:10:53.120 --> 01:11:04.120] 524 is failing a breathalyzer intoxication or an intoxication test, and 724 is contesting the implied consent. [01:11:04.120 --> 01:11:11.120] Now, that right there is one of the most unconstitutional statutes in the Transportation Code, implied consent. [01:11:11.120 --> 01:11:18.120] However, as of late, one of the things that I was going to go over tonight also is a theory that I ran by Randy, [01:11:18.120 --> 01:11:25.120] which also seemed to delight him and several other people I brought it up to, because, Randy, I went researching several state constitutions. [01:11:25.120 --> 01:11:33.120] You'd be surprised how many of them defined the Sheriff's Department under the judicial branch of government. [01:11:33.120 --> 01:11:36.120] Interesting, because that's how it appears in Texas. [01:11:36.120 --> 01:11:44.120] That's right. So here's my analogy of my theory, basically, on how this has to be accomplished. [01:11:44.120 --> 01:11:53.120] Okay, Chapter 701 of the Transportation Code here in Texas deals specifically with county traffic officers. [01:11:53.120 --> 01:11:59.120] It specifically sets up the office of these traffic officers beneath that of the county sheriff. [01:11:59.120 --> 01:12:08.120] It says, in effect, that they are deputy sheriffs in every sense of the word, but they are specifically hired for traffic enforcement. [01:12:08.120 --> 01:12:15.120] So here's the problem. The Public Safety Commission is who wrote the Transportation Code. [01:12:15.120 --> 01:12:22.120] The Public Safety Commission is the commission that oversees and rules over the Department of Public Safety. [01:12:22.120 --> 01:12:30.120] It tells us in 411.002 that the commission controls the department. Okay? [01:12:30.120 --> 01:12:34.120] So how does this commission come into existence? [01:12:34.120 --> 01:12:41.120] They are appointed, each and every one, five citizens of Texas by the governor. Okay? [01:12:41.120 --> 01:12:51.120] They are approved or at least interviewed by members of the legislature, but they are appointed by the governor. [01:12:51.120 --> 01:12:57.120] They then take over the responsibility of setting up all the rules and regulations within the Transportation Code [01:12:57.120 --> 01:13:02.120] according to the acts passed by the legislature. So what does that mean? [01:13:02.120 --> 01:13:10.120] Well, if they're appointed by the governor, who is an executive branch officer, that makes this an executive branch committee. [01:13:10.120 --> 01:13:18.120] That makes the Department of Public Safety an executive branch as well, because they fall under all of these same rules. [01:13:18.120 --> 01:13:25.120] Now, if a municipality can lawfully enforce these rules, then they also must be under an executive branch. [01:13:25.120 --> 01:13:33.120] But the sheriff's department, being instituted within the state constitution under the judicial branch, [01:13:33.120 --> 01:13:38.120] is forbidden by the separation of powers doctrine of the state constitution [01:13:38.120 --> 01:13:46.120] from doing anything involved in the executive branch or the legislative branch by the division of powers. [01:13:46.120 --> 01:13:53.120] No officer, agent, or department shall exercise the power and authority of any other branch. [01:13:53.120 --> 01:13:56.120] That's pretty clear. [01:13:56.120 --> 01:14:07.120] So 701 of the Transportation Code appointing county traffic officers is blatantly unconstitutional on its face [01:14:07.120 --> 01:14:17.120] because it tries to grant an authority under the executive branch to a member of the judicial branch, and that is forbidden. [01:14:17.120 --> 01:14:20.120] Did somebody try to challenge that? [01:14:20.120 --> 01:14:25.120] So far, Randy hadn't kicked me up any case law on it, but I doubt it. [01:14:25.120 --> 01:14:29.120] I doubt if anybody's actually considered that being the possibility. [01:14:29.120 --> 01:14:35.120] But if you read the state constitution under Article 5, you will see that is where the sheriff, [01:14:35.120 --> 01:14:39.120] deputy sheriff, and office of constable are created. [01:14:39.120 --> 01:14:42.120] That makes them members of the judicial branch. [01:14:42.120 --> 01:14:45.120] Now, this begs another question. [01:14:45.120 --> 01:14:51.120] We've always considered the sheriff to be the highest law enforcement officer in his county, correct? [01:14:51.120 --> 01:14:54.120] He supersedes everybody. [01:14:54.120 --> 01:15:04.120] So since he is now a judicial officer, does the office of sheriff supersede the Supreme Court within his county? [01:15:04.120 --> 01:15:10.120] Is he still the highest officer of his branch of government for his duties? [01:15:10.120 --> 01:15:12.120] He can't be law enforcement. [01:15:12.120 --> 01:15:14.120] That's an executive branch authority. [01:15:14.120 --> 01:15:16.120] He's a judicial officer. [01:15:16.120 --> 01:15:24.120] So where is the limit of his authority when it comes to these judges that violate law? [01:15:24.120 --> 01:15:38.120] If anybody out there has insight, input, or research information going along those lines, I would be very happy to see it. [01:15:38.120 --> 01:15:42.120] But as you can see, we have a severe constitutional problem. [01:15:42.120 --> 01:15:49.120] When I told people that by picking apart this one little subject, you go after the cornerstone of what everything else rests on, [01:15:49.120 --> 01:15:59.120] as you can see, the more we whittle away at just the subject of traffic, we are getting into areas that impact everything. [01:15:59.120 --> 01:16:09.120] And we're going to find if we attack each one of the things that they do in law the same way, we're going to come back to the same conclusion. [01:16:09.120 --> 01:16:15.120] They are violating the state constitution in every way, shape, and form imaginable. [01:16:15.120 --> 01:16:24.120] They have hidden it very well, but it's what they're doing nonetheless. [01:16:24.120 --> 01:16:25.120] All right. [01:16:25.120 --> 01:16:27.120] Did that answer your question, David? [01:16:27.120 --> 01:16:28.120] Yeah, absolutely. [01:16:28.120 --> 01:16:32.120] I appreciate the time, and I'm going to look that up and get it going. [01:16:32.120 --> 01:16:33.120] Okay, great. [01:16:33.120 --> 01:16:37.120] David, do you have the Eddie's seminar materials? [01:16:37.120 --> 01:16:38.120] I don't. [01:16:38.120 --> 01:16:39.120] I don't. [01:16:39.120 --> 01:16:40.120] I really need them. [01:16:40.120 --> 01:16:41.120] We'll talk to you after the break. [01:16:41.120 --> 01:16:45.120] Okay, we've got a bunch of other callers in line, we've got Nathan, Jay, and Johnny. [01:16:45.120 --> 01:16:47.120] We'll be going to the other callers when we get back. [01:16:47.120 --> 01:16:52.120] Thank you, David. [01:16:52.120 --> 01:17:00.120] Callers you'd like to call in, 512-646-1984. [01:17:00.120 --> 01:17:01.120] Hello, Austin. [01:17:01.120 --> 01:17:06.120] My name is Harlan Diedrich, owner of Brave New Books, a local independent bookstore here in town. [01:17:06.120 --> 01:17:09.120] Many of you are familiar with the bookstore and have attended some of our events. [01:17:09.120 --> 01:17:14.120] We've been proud to host speakers like Alex Jones, Ron Paul, Jim Mars, Katherine Albert, [01:17:14.120 --> 01:17:18.120] Webster Carpley, Chia Wood Griffin, and many other heroic figures in the Patriot Movement. [01:17:18.120 --> 01:17:21.120] But now, Brave New Books needs your help. [01:17:21.120 --> 01:17:26.120] In order to continue to provide a space for these events and be an outlet for hard-to-find materials, [01:17:26.120 --> 01:17:30.120] we're going to need you, Austin, to help spread the word about the bookstore. [01:17:30.120 --> 01:17:34.120] Please tell your friends and family about the wide variety of materials we offer. [01:17:34.120 --> 01:17:38.120] We also have DVD duplication capabilities for all you activists. [01:17:38.120 --> 01:17:42.120] Also, if you haven't visited us yet, please come down and show your support. [01:17:42.120 --> 01:17:47.120] It is so easy to support the big corporate chain stores that do nothing to further our message. [01:17:47.120 --> 01:17:49.120] Remember, you vote with your dollars. [01:17:49.120 --> 01:17:50.120] We're counting on you, Austin. [01:17:50.120 --> 01:17:57.120] If you need any information, please call 512-480-2503 or visit us at 1904 Guadalupe Street. [01:17:57.120 --> 01:18:16.120] Thank you, everyone. [01:18:16.120 --> 01:18:17.120] All right. [01:18:17.120 --> 01:18:20.120] We're not going to pull the same old tricks again. [01:18:20.120 --> 01:18:23.120] At least they're trying to pull the same old tricks. [01:18:23.120 --> 01:18:32.120] And every one of these areas of law, it doesn't matter whether it be the FCC, the IRS, the traffic code, due process, [01:18:32.120 --> 01:18:39.120] it's all the same every time, and we're ripping them to shreds. [01:18:39.120 --> 01:18:44.120] So we're going to go now to Johnny from Austin. [01:18:44.120 --> 01:18:45.120] All right. [01:18:45.120 --> 01:18:46.120] Johnny, thanks for calling in. [01:18:46.120 --> 01:18:48.120] First-time caller, what's on your mind? [01:18:48.120 --> 01:18:56.120] Listen, I'm a 62-year-old guy that graduated from the University of Texas in 1973. [01:18:56.120 --> 01:19:04.120] That day and age, everybody was taught to be an independent thinker, and that has continued on. [01:19:04.120 --> 01:19:10.120] My father was a truck driver who drove cross-country and wouldn't have nothing on the radio but talk radio. [01:19:10.120 --> 01:19:13.120] So I learned to benefit from talk radio. [01:19:13.120 --> 01:19:18.120] Thank you, Austin, KUT, KLBJ, and now you all. [01:19:18.120 --> 01:19:19.120] It's a beautiful thing. [01:19:19.120 --> 01:19:29.120] And you were talking the other day about giving such a legitimate and honest means of getting information across. [01:19:29.120 --> 01:19:30.120] You see them. [01:19:30.120 --> 01:19:31.120] You see them talk. [01:19:31.120 --> 01:19:32.120] That looks real. [01:19:32.120 --> 01:19:33.120] I can trust that. [01:19:33.120 --> 01:19:36.120] I know that's what happened. [01:19:36.120 --> 01:19:38.120] So thank you, guys. [01:19:38.120 --> 01:19:40.120] I went to see you all at GW Griffiths. [01:19:40.120 --> 01:19:48.120] They gave you $100, and I suggest everybody do that, too, so you're a real benefit to everyone. [01:19:48.120 --> 01:19:50.120] Let's see if you're listening. [01:19:50.120 --> 01:19:51.120] We should appreciate that. [01:19:51.120 --> 01:19:54.120] I tell you, you have lived my life. [01:19:54.120 --> 01:20:02.120] I came over to your channel trying to get more of Alex Jones. [01:20:02.120 --> 01:20:06.120] Wait, Alex who? [01:20:06.120 --> 01:20:10.120] You're going to upset Randy mentioning those evil rival networks now. [01:20:10.120 --> 01:20:11.120] Thank you. [01:20:11.120 --> 01:20:14.120] Okay, listen, Randy is a double-A electrical engineer. [01:20:14.120 --> 01:20:18.120] Alex takes my ribbing of him pretty well. [01:20:18.120 --> 01:20:22.120] Well, and Alex said, no, he can take that. [01:20:22.120 --> 01:20:27.120] And, Debra, you're a mathematics person. [01:20:27.120 --> 01:20:30.120] All I want to know is do you have any single sisters? [01:20:30.120 --> 01:20:33.120] Sorry, I'm fresh out of sisters. [01:20:33.120 --> 01:20:38.120] Her sister is a physician, and she's got really good dope. [01:20:38.120 --> 01:20:40.120] Well, I don't know about that. [01:20:40.120 --> 01:20:41.120] I don't know about that either. [01:20:41.120 --> 01:20:43.120] I don't know about that. [01:20:43.120 --> 01:20:51.120] No, my sister is an M.D. She's married with three children. [01:20:51.120 --> 01:20:53.120] Can you talk with her? [01:20:53.120 --> 01:20:55.120] Does she reason with you like a lawyer person? [01:20:55.120 --> 01:20:57.120] Absolutely. [01:20:57.120 --> 01:21:08.120] Now, to wit about the FCC case, it's my impression that FCC is not really going after y'all. [01:21:08.120 --> 01:21:10.120] They're going after Alex Jones. [01:21:10.120 --> 01:21:18.120] Well, no, they're going after all low-power FM and AM broadcasters. [01:21:18.120 --> 01:21:23.120] We're finding, and not necessarily those who carry Alex Jones either, [01:21:23.120 --> 01:21:30.120] we've been getting emails from low-power FM and AM broadcasters from all over the country wanting help [01:21:30.120 --> 01:21:36.120] and wanting to get a line on our research because they've been getting harassed, [01:21:36.120 --> 01:21:39.120] and a lot of them don't carry Alex Jones. [01:21:39.120 --> 01:21:44.120] This is about the FCC trying to shut down freedom of speech. [01:21:44.120 --> 01:21:45.120] This is what it's really about. [01:21:45.120 --> 01:21:47.120] That's exactly right. [01:21:47.120 --> 01:21:56.120] It would seem to me that Glenn Beck, as I watched him some, has talked about czars. [01:21:56.120 --> 01:21:58.120] Sorry, Ben Jones is one. [01:21:58.120 --> 01:22:00.120] The FCC has got a czar. [01:22:00.120 --> 01:22:07.120] And his stated mission, if you'll look in his background, is to stop, you know, public radio. [01:22:07.120 --> 01:22:08.120] Right. [01:22:08.120 --> 01:22:09.120] Stop freedom. [01:22:09.120 --> 01:22:10.120] I don't like that. [01:22:10.120 --> 01:22:11.120] I don't appreciate that. [01:22:11.120 --> 01:22:17.120] Well, and they can't anyway because the Title 47, the charter, the FCC's own charter, [01:22:17.120 --> 01:22:24.120] says that their purpose is to open the public airwaves for as many people to broadcast as possible. [01:22:24.120 --> 01:22:28.120] If they can pass health care, they can shut 90.1 down if you're not careful. [01:22:28.120 --> 01:22:31.120] Well, ultimately, they can do anything they want. [01:22:31.120 --> 01:22:36.120] They could institute martial law and come in with SWAT teams and kill us all or, you know, whatever. [01:22:36.120 --> 01:22:40.120] But I'll tell you what, it's not, people aren't going to go down without a fight, [01:22:40.120 --> 01:22:42.120] and we've got the law on our side. [01:22:42.120 --> 01:22:45.120] And you base it all on spirit and love. [01:22:45.120 --> 01:22:48.120] And it's a beautiful thing. [01:22:48.120 --> 01:22:49.120] All right. [01:22:49.120 --> 01:22:51.120] Well, St. Johnny, listen, do you have any, I'm sorry, I don't mean to hurry you along. [01:22:51.120 --> 01:22:53.120] We've got a bunch of other callers on the line. [01:22:53.120 --> 01:22:59.120] I would suggest that perhaps this would make good story material for Texas Monthly or some other outlet [01:22:59.120 --> 01:23:03.120] because it's got all the drama, you know, going on right now. [01:23:03.120 --> 01:23:06.120] It's Obama versus everybody else and czars. [01:23:06.120 --> 01:23:11.120] You really should get with somebody that can write up and tell your story. [01:23:11.120 --> 01:23:19.120] Well, once we get some more major wins in court, we've gotten some major headway so far. [01:23:19.120 --> 01:23:27.120] But once we get, like, the forfeiture orders thrown out or, you know, some settlements or judgment orders, definitely. [01:23:27.120 --> 01:23:31.120] Well, then, y'all be right here on the floor ready for publication as soon as possible. [01:23:31.120 --> 01:23:32.120] Absolutely. [01:23:32.120 --> 01:23:33.120] I think so. [01:23:33.120 --> 01:23:34.120] Love y'all. [01:23:34.120 --> 01:23:35.120] Okay. [01:23:35.120 --> 01:23:36.120] Thank you for the support. [01:23:36.120 --> 01:23:37.120] Okay. [01:23:37.120 --> 01:23:41.120] We're going to go now to Jay in Texas and then Nathan. [01:23:41.120 --> 01:23:42.120] Jay, thanks for calling in. [01:23:42.120 --> 01:23:44.120] What's on your mind tonight? [01:23:44.120 --> 01:23:45.120] Hello? [01:23:45.120 --> 01:23:46.120] Yes. [01:23:46.120 --> 01:23:47.120] Go ahead, Jay. [01:23:47.120 --> 01:23:48.120] Oh, okay. [01:23:48.120 --> 01:23:49.120] Yeah. [01:23:49.120 --> 01:23:58.120] I called last week and I, Granny said that he would go step by step. [01:23:58.120 --> 01:24:08.120] With this case, it was like a criminal case that it was assault with a deadly weapon. [01:24:08.120 --> 01:24:13.120] Assault with a deadly weapon? [01:24:13.120 --> 01:24:14.120] Yeah. [01:24:14.120 --> 01:24:20.120] I had a roommate and a guest at this time. [01:24:20.120 --> 01:24:21.120] Right. [01:24:21.120 --> 01:24:23.120] Randy, do you remember what he's talking about? [01:24:23.120 --> 01:24:28.120] Yes. Can you bring me back up to speed on the details? [01:24:28.120 --> 01:24:29.120] Okay. [01:24:29.120 --> 01:24:36.120] I had a roommate that got in a fight with a guest and a guest was choking him until he could not breathe. [01:24:36.120 --> 01:24:41.120] The roommate got a glass of water and broke it and then stabbed him in the leg. [01:24:41.120 --> 01:24:52.120] The roommate was charged with assault with deadly weapons now in jail and the guest is out on the street. [01:24:52.120 --> 01:24:55.120] So where is the roommate? [01:24:55.120 --> 01:24:57.120] Is the roommate out of jail now? [01:24:57.120 --> 01:24:58.120] No. [01:24:58.120 --> 01:25:01.120] The roommate is in jail. [01:25:01.120 --> 01:25:04.120] He'll be in jail for three weeks. [01:25:04.120 --> 01:25:11.120] Did you give a statement concerning... [01:25:11.120 --> 01:25:18.120] You told me to write a statement, have one notarized, one not signed and one not. [01:25:18.120 --> 01:25:22.120] That was going to criminal complaints, not statements. [01:25:22.120 --> 01:25:32.120] You need to file a statement with the prosecutor, a verified statement as a witness to what happened. [01:25:32.120 --> 01:25:44.120] Then he's notified and you should make up a assault complaint against the other person and file it with the prosecutor. [01:25:44.120 --> 01:25:49.120] That's the one you take to, one notarized, one not. [01:25:49.120 --> 01:25:56.120] You have a criminal complaint and a statement of probable cause that's in support of the criminal complaint. [01:25:56.120 --> 01:26:02.120] The criminal complaint is the one you take two copies, one notarized, one not notarized. [01:26:02.120 --> 01:26:13.120] If they send out someone other than a prosecuting attorney to talk to you, you give them the one that's not notarized and ask them to verify it. [01:26:13.120 --> 01:26:18.120] That generally gets them to go in and get the prosecutor. [01:26:18.120 --> 01:26:25.120] When you give the notarized document to the prosecutor, he's bound under law. [01:26:25.120 --> 01:26:30.120] He technically is anyway, but it's better if you can testify that you put it in his hand. [01:26:30.120 --> 01:26:35.120] Then you can file against the prosecutor and start making things hot for them. [01:26:35.120 --> 01:26:45.120] If they don't have a good case against your friend, then they're likely to just drop the whole thing and send him home. [01:26:45.120 --> 01:26:50.120] This is what happened to someone I was helping in Williamson County. [01:26:50.120 --> 01:26:54.120] They gave her a real good deal on her fourth DUI. [01:26:54.120 --> 01:26:57.120] She was looking at 25 to life. [01:26:57.120 --> 01:27:04.120] They come back, class B misdemeanor, time served, just get her out of my jail. [01:27:04.120 --> 01:27:05.120] Yeah, but then what happened? [01:27:05.120 --> 01:27:16.120] They ended up that something, the probation didn't get reinstated before the state penitentiary people came to pick her up. [01:27:16.120 --> 01:27:19.120] She's still kind of in a legal limbo right now? [01:27:19.120 --> 01:27:20.120] No, she's out now. [01:27:20.120 --> 01:27:27.120] Good, good, good. Excellent. [01:27:27.120 --> 01:27:29.120] Anything else, Jay? [01:27:29.120 --> 01:27:31.120] No, he's been really helpful. [01:27:31.120 --> 01:27:32.120] Okay, wonderful. [01:27:32.120 --> 01:27:36.120] I appreciate all the help. It's really opened my eyes. [01:27:36.120 --> 01:27:37.120] Okay. [01:27:37.120 --> 01:27:38.120] That's what we're here for. [01:27:38.120 --> 01:27:40.120] Yeah, don't ever close them around these people. [01:27:40.120 --> 01:27:42.120] Yeah, exactly. [01:27:42.120 --> 01:27:44.120] Yeah, yeah, yeah. [01:27:44.120 --> 01:27:51.120] Last week I got a speeding ticket in my driveway. [01:27:51.120 --> 01:27:53.120] Oh, boy. [01:27:53.120 --> 01:27:54.120] All right. [01:27:54.120 --> 01:27:56.120] Okay, you have a good night. [01:27:56.120 --> 01:27:58.120] All right, thanks, Jay. [01:27:58.120 --> 01:28:01.120] All right, well, that's why we got Eddie on board here. [01:28:01.120 --> 01:28:03.120] Speeding ticket in your driveway. [01:28:03.120 --> 01:28:05.120] Yeah, I want to see that one brought up in court. [01:28:05.120 --> 01:28:07.120] Yeah, really, especially since it's private property. [01:28:07.120 --> 01:28:11.120] Okay, we're going to go now to Nathan in Texas. [01:28:11.120 --> 01:28:12.120] Nathan, thanks for calling in. [01:28:12.120 --> 01:28:14.120] What's on your mind? [01:28:14.120 --> 01:28:15.120] Okay. [01:28:15.120 --> 01:28:26.120] About a month ago I got pulled over for speeding in Bonham, Texas, and they arrested me. [01:28:26.120 --> 01:28:28.120] I was doing 106. [01:28:28.120 --> 01:28:30.120] It's a little faster. [01:28:30.120 --> 01:28:39.120] He arrested me and took me down to the jail, and he gave me three tickets, one for no insurance, [01:28:39.120 --> 01:28:47.120] one for registration not up to date, and one for the reckless driving. [01:28:47.120 --> 01:28:51.120] So I stayed in jail that night. [01:28:51.120 --> 01:28:57.120] The next day it was a brand new jail, so the magistrate came and took a tour of the jail that day, [01:28:57.120 --> 01:28:59.120] but he actually didn't see anybody. [01:28:59.120 --> 01:29:02.120] So I was there all that day, too, couldn't get out. [01:29:02.120 --> 01:29:10.120] And then the next day, about 4 or 5 o'clock, I finally saw the magistrate and got out. [01:29:10.120 --> 01:29:17.120] Well, when I went to go see the magistrate, he asked how I pleased, and either I had to bond out [01:29:17.120 --> 01:29:21.120] and each charge was a $100 bond to get out. [01:29:21.120 --> 01:29:29.120] Well, I figured I would probably end up paying the reckless driving and the registration, [01:29:29.120 --> 01:29:34.120] and so I just paid those and then bonded out on the no insurance. [01:29:34.120 --> 01:29:43.120] And so then after I got out, I actually got a letter saying that they were charging me [01:29:43.120 --> 01:29:46.120] criminally for the reckless driving. [01:29:46.120 --> 01:29:48.120] Okay, hold on to that thought, Nathan. [01:29:48.120 --> 01:29:49.120] We're going to break. [01:29:49.120 --> 01:29:50.120] Okay. [01:29:50.120 --> 01:29:51.120] Pick it up on the other side. [01:29:51.120 --> 01:29:54.120] After that, we got Ben from Texas. [01:29:54.120 --> 01:29:57.120] Callers, if you'd like to call in, 512-646-1984. [01:29:57.120 --> 01:30:00.120] We'll be right back. [01:30:00.120 --> 01:30:03.120] Are you the plaintiff or defendant in a lawsuit? [01:30:03.120 --> 01:30:06.120] Win your case without an attorney with Jurisdictionary, [01:30:06.120 --> 01:30:14.120] the affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by step. [01:30:14.120 --> 01:30:18.120] If you have a lawyer, know what your lawyer should be doing. [01:30:18.120 --> 01:30:22.120] If you don't have a lawyer, know what you should do for yourself. [01:30:22.120 --> 01:30:27.120] Thousands have won with our step by step course, and now you can too. [01:30:27.120 --> 01:30:33.120] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience. [01:30:33.120 --> 01:30:38.120] Even if you're not in a lawsuit, you can learn what everyone should understand [01:30:38.120 --> 01:30:42.120] about the principles and practices that control our American courts. [01:30:42.120 --> 01:30:48.120] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:30:48.120 --> 01:30:51.120] pro se tactics, and much more. [01:30:51.120 --> 01:31:01.120] Please visit ruleoflawradio.com and click on the banner or call toll free, 866-LAW-EZ. [01:31:01.120 --> 01:31:27.120] Okay, we are back. [01:31:27.120 --> 01:31:29.120] We're speaking with Nathan in Texas. [01:31:29.120 --> 01:31:33.120] And Eddie, you had some words for Nathan here. [01:31:33.120 --> 01:31:41.120] Okay, Nathan, FYI, don't ever pay the bond or pay the charges on a plea. [01:31:41.120 --> 01:31:42.120] Don't do that. [01:31:42.120 --> 01:31:43.120] You know why? [01:31:43.120 --> 01:31:45.120] Okay, yeah. [01:31:45.120 --> 01:31:46.120] Why? [01:31:46.120 --> 01:31:49.120] Well, I'll tell you, the reason I did do it, and I didn't tell this, [01:31:49.120 --> 01:31:52.120] is because I'm on federal probation. [01:31:52.120 --> 01:31:56.120] So my first thing was I've got to get out and I've got to, [01:31:56.120 --> 01:31:59.120] before I get in trouble for getting arrested. [01:31:59.120 --> 01:32:05.120] Yeah, well, now they're going to charge you criminally because you admitted guilt [01:32:05.120 --> 01:32:08.120] by paying the bond and accepting the charge. [01:32:08.120 --> 01:32:12.120] You opened the door wide open for them to steamroll you any way they want, [01:32:12.120 --> 01:32:17.120] and you're making an assumption that they did not already know you were on federal parole. [01:32:17.120 --> 01:32:22.120] I guarantee you, if they ran your name in their computer, they already knew that. [01:32:22.120 --> 01:32:26.120] And the moment you paid that fine and admitted it, they had you. [01:32:26.120 --> 01:32:29.120] Well, what should he have done, Eddie? [01:32:29.120 --> 01:32:35.120] He should have contested the tickets and just bonded out on the whole thing and fought it. [01:32:35.120 --> 01:32:36.120] Yeah. [01:32:36.120 --> 01:32:42.120] But now that he's paid it and admitted guilt by doing so, he's kind of hoed. [01:32:42.120 --> 01:32:45.120] So you're saying bond out but don't pay the fine, don't pay the ticket. [01:32:45.120 --> 01:32:46.120] Correct. [01:32:46.120 --> 01:32:47.120] Okay. [01:32:47.120 --> 01:32:51.120] Once you accept the fine, you have to enter a plea to pay the fine, okay? [01:32:51.120 --> 01:32:52.120] Yeah. [01:32:52.120 --> 01:32:56.120] And once you do that, you've admitted guilt. [01:32:56.120 --> 01:32:58.120] That's right in their own rules. [01:32:58.120 --> 01:33:07.120] A plea of no lo contendere or a payment of the fine constitutes a conviction of guilty. [01:33:07.120 --> 01:33:11.120] And you've already waived that when you do that. [01:33:11.120 --> 01:33:13.120] Don't do that. [01:33:13.120 --> 01:33:15.120] Okay. [01:33:15.120 --> 01:33:19.120] Well, what can I do now with the criminal case? [01:33:19.120 --> 01:33:22.120] Send your plea immediately. [01:33:22.120 --> 01:33:25.120] Resend your plea. [01:33:25.120 --> 01:33:30.120] File a motion with the court rescinding your previous plea. [01:33:30.120 --> 01:33:33.120] Okay. [01:33:33.120 --> 01:33:37.120] And then that will take my plea back that I already gave? [01:33:37.120 --> 01:33:38.120] That's correct. [01:33:38.120 --> 01:33:40.120] Okay. [01:33:40.120 --> 01:33:43.120] And then what do I do? [01:33:43.120 --> 01:33:48.120] Then you're going to go to court over the individual charges like you would have the first time. [01:33:48.120 --> 01:33:58.120] Hopefully you've bought the traffic material so that you'll have studied it enough to know what is and isn't law that applies to you. [01:33:58.120 --> 01:33:59.120] Okay. [01:33:59.120 --> 01:34:08.120] Now, not that I condone the rate of speed you were traveling unless you had a real emergency necessity for doing so, but let me give you a little bug in your ear here. [01:34:08.120 --> 01:34:09.120] Okay. [01:34:09.120 --> 01:34:15.120] The fact that you were doing 106 miles an hour is absolutely irrelevant to any criminal charge. [01:34:15.120 --> 01:34:24.120] And the fact is, the reason that is so is because the speed limits in Texas specifically state they apply only to commercial vehicles. [01:34:24.120 --> 01:34:29.120] 201.904 Texas Transportation Code makes this clear as can be. [01:34:29.120 --> 01:34:33.120] 543 Transportation Code makes this clear as can be. [01:34:33.120 --> 01:34:43.120] A prima facie speed limit under 543 simply means that on first appearance this is the only safe speed that the road can be traveled. [01:34:43.120 --> 01:34:55.120] But the argument is, if you safely traversed it, no matter what speed you were traveling, then obviously that's not the only safe speed that was available. [01:34:55.120 --> 01:34:57.120] Yeah. [01:34:57.120 --> 01:35:00.120] Okay. [01:35:00.120 --> 01:35:08.120] And see, I've been wanting to get into this whole lot of stuff that's just with so much going on with work and everything. [01:35:08.120 --> 01:35:17.120] I watched this video a long time ago of a guy named Carl Miller, and went down and did the whole thing, put the 1-207, [01:35:17.120 --> 01:35:26.120] without prejudice, you can see all that on my license and everything, but I just, I never have had time to even sit down and learn it all. [01:35:26.120 --> 01:35:29.120] I want to go to some of y'all's seminars, really. [01:35:29.120 --> 01:35:32.120] Well, that's not something you're going to learn at one of our seminars. [01:35:32.120 --> 01:35:46.120] You can order the seminar material from the website, and if you order it and read the material, you'll know how to defeat these guys. [01:35:46.120 --> 01:35:48.120] Okay. [01:35:48.120 --> 01:35:52.120] But it's too complex for us to go through the whole thing here on the air. [01:35:52.120 --> 01:35:54.120] For sure. [01:35:54.120 --> 01:36:06.120] Okay. Well, that's what I'll do. Is there anywhere I should go to get the, like, how to file the motion and anything like that? [01:36:06.120 --> 01:36:13.120] Well, if you get the seminar material, the motion you need for most of this will already be there. [01:36:13.120 --> 01:36:20.120] We've got several motions already written up for these processes that are included with the seminar material when you buy it. [01:36:20.120 --> 01:36:22.120] All you've got to do is get them filed. [01:36:22.120 --> 01:36:23.120] Okay. [01:36:23.120 --> 01:36:31.120] You just adapt the details to your specifics, just a slight adaptation, but you don't have to re-edit or rewrite the whole thing. [01:36:31.120 --> 01:36:32.120] Sure. [01:36:32.120 --> 01:36:40.120] Yes. What you can do is make a challenge to the jurisdiction, and that will have the effect of negating your plea. [01:36:40.120 --> 01:36:48.120] Okay. All right. And they're going to try to appoint me a public defender. What should I do? [01:36:48.120 --> 01:36:50.120] Oh, yes, accept a public defender. [01:36:50.120 --> 01:36:51.120] Okay. [01:36:51.120 --> 01:37:04.120] First thing, you tell him. If you get the seminar material and file the documents that are in there, file them before you get a public defender. [01:37:04.120 --> 01:37:05.120] Okay. [01:37:05.120 --> 01:37:12.120] Because once you get a public defender, then they're going to tell you you can't file in court. You can, but that's a fight you don't want to get into. [01:37:12.120 --> 01:37:19.120] Get the materials, get those motions filed in the court first, then ask for court-appointed counsel. [01:37:19.120 --> 01:37:27.120] And when you get court-appointed counsel, the first thing you tell him, I got these motions filed with all these issues in it. [01:37:27.120 --> 01:37:37.120] If you fail to adequately address one single issue in those motions, I'll file a bar grievance against you for each one. [01:37:37.120 --> 01:37:42.120] Watch your attorney start doing a song and dance and jumping up and down, waving his arms. [01:37:42.120 --> 01:37:54.120] That will scare the bejesus out of your attorney, and that will get him, put him in a position to where he has reason to be more afraid of you than he is of the judge. [01:37:54.120 --> 01:37:57.120] As well he should be. [01:37:57.120 --> 01:38:03.120] I just did that in Travis County, and my attorney beat the crap out of him. [01:38:03.120 --> 01:38:04.120] Okay. [01:38:04.120 --> 01:38:13.120] He was terrified the whole time, but he was more afraid of me, of what would happen to him if I started filing bar grievances. [01:38:13.120 --> 01:38:18.120] One bar grievance in your first year of practice, no malpractice insurance. [01:38:18.120 --> 01:38:23.120] Two bar grievances any one year of practice, they will cancel your malpractice insurance. [01:38:23.120 --> 01:38:26.120] He can't practice. [01:38:26.120 --> 01:38:30.120] You'll stop his career right there in its tracks. [01:38:30.120 --> 01:38:35.120] And once he knows you know that, now you can get your attorney to work for you. [01:38:35.120 --> 01:38:36.120] Okay. [01:38:36.120 --> 01:38:37.120] And know the law yourself. [01:38:37.120 --> 01:38:39.120] Read the code. [01:38:39.120 --> 01:38:40.120] Read the statute. [01:38:40.120 --> 01:38:41.120] It's not that hard. [01:38:41.120 --> 01:38:48.120] Is everything I need in that, if I order y'all a seminar, it'll show me how to look up everything, how to do everything? [01:38:48.120 --> 01:38:50.120] It's all in there. [01:38:50.120 --> 01:38:54.120] And it gives you every code section, site by site. [01:38:54.120 --> 01:38:59.120] It explains everything to you about what it's saying and why it means what it does. [01:38:59.120 --> 01:39:02.120] It tells you what the arguments to use against it will be. [01:39:02.120 --> 01:39:08.120] And then we give you the actual paperwork that you just adapt the details to you, and you can file it. [01:39:08.120 --> 01:39:13.120] And you can always call into the radio show for help along the way and send any emails too. [01:39:13.120 --> 01:39:14.120] Excuse me. [01:39:14.120 --> 01:39:15.120] Okay. [01:39:15.120 --> 01:39:16.120] Great. [01:39:16.120 --> 01:39:17.120] Well, hey, I appreciate y'all's help, man. [01:39:17.120 --> 01:39:18.120] This is great. [01:39:18.120 --> 01:39:19.120] What y'all doing? [01:39:19.120 --> 01:39:20.120] All right. [01:39:20.120 --> 01:39:22.120] And like I said, read the code yourself. [01:39:22.120 --> 01:39:24.120] You have to know the law yourself too. [01:39:24.120 --> 01:39:27.120] And pay attention to the definitions. [01:39:27.120 --> 01:39:30.120] In mathematics, definitions are everything. [01:39:30.120 --> 01:39:35.120] The proofs of the theorems are based on the definitions, and which reminds me, [01:39:35.120 --> 01:39:40.120] I just wanted to mention one other thing about this FCC stuff and their definitions in Title 47. [01:39:40.120 --> 01:39:50.120] I'm also going to argue that the respondent is not a person, because the definition of person right here in Title 47 [01:39:50.120 --> 01:39:59.120] says the term person includes an individual, partnership, association, joint, stock, company, trust, or corporation. [01:39:59.120 --> 01:40:02.120] Respondent is none of those things. [01:40:02.120 --> 01:40:05.120] One other question. [01:40:05.120 --> 01:40:10.120] Where would I go about – I read all this stuff online about becoming a sovereign citizen [01:40:10.120 --> 01:40:16.120] and giving up all this corporation and different identity and all this stuff. [01:40:16.120 --> 01:40:21.120] Where would I go to find out some information on that? [01:40:21.120 --> 01:40:25.120] The Agenda 21 talk guys know a lot more about that. [01:40:25.120 --> 01:40:28.120] I just started studying it, but they know a lot more about that. [01:40:28.120 --> 01:40:32.120] They're on Tuesday nights from 8 to 10, so you may want to call into their show tomorrow night. [01:40:32.120 --> 01:40:37.120] In your current situation, let me make a suggestion. [01:40:37.120 --> 01:40:38.120] Okay. [01:40:38.120 --> 01:40:40.120] Don't go there. [01:40:40.120 --> 01:40:41.120] Not yet. [01:40:41.120 --> 01:40:43.120] Oh, no, no, no. [01:40:43.120 --> 01:40:52.120] Yes, because you don't even need to, because the whole thing is the code, the law does not apply to you anyway. [01:40:52.120 --> 01:40:53.120] Yes. [01:40:53.120 --> 01:40:55.120] So just don't even worry about it. [01:40:55.120 --> 01:41:03.120] At this point in time, it's a lot better to just go according to their own statute and their own code. [01:41:03.120 --> 01:41:05.120] Yes, make them follow their own rules. [01:41:05.120 --> 01:41:13.120] Yes, and show how they're violating their own law and show how they're not even accusing you [01:41:13.120 --> 01:41:16.120] of breaking any specific laws under the law. [01:41:16.120 --> 01:41:18.120] They're operating under color of law, [01:41:18.120 --> 01:41:24.120] so it's a lot easier to go after them statutorily right now than to try to get into the commercial process. [01:41:24.120 --> 01:41:28.120] But you can find out more about that tomorrow night. [01:41:28.120 --> 01:41:29.120] Okay. [01:41:29.120 --> 01:41:30.120] Well, thank you all very much. [01:41:30.120 --> 01:41:31.120] I won't waste your time. [01:41:31.120 --> 01:41:32.120] Oh, you're not wasting our time. [01:41:32.120 --> 01:41:34.120] That's why we're here, to help you guys. [01:41:34.120 --> 01:41:35.120] I appreciate it. [01:41:35.120 --> 01:41:36.120] Okay, thanks, Nathan. [01:41:36.120 --> 01:41:37.120] Okay. [01:41:37.120 --> 01:41:38.120] First time caller. [01:41:38.120 --> 01:41:39.120] All right. [01:41:39.120 --> 01:41:41.120] We got Ben in Texas who is next. [01:41:41.120 --> 01:41:42.120] Ben, thanks for calling in. [01:41:42.120 --> 01:41:44.120] What's on your mind tonight? [01:41:44.120 --> 01:41:45.120] Well, let's see. [01:41:45.120 --> 01:41:49.120] I talked to Randy at Braveview Books. [01:41:49.120 --> 01:41:50.120] What was that? [01:41:50.120 --> 01:41:51.120] Was that yesterday? [01:41:51.120 --> 01:41:53.120] Yeah, I guess that was yesterday. [01:41:53.120 --> 01:41:56.120] And I also sent Eddie an email, too, regarding this. [01:41:56.120 --> 01:42:02.120] But I guess I ran into a little problem with a Washington County sheriff on my way back from Thanksgiving, [01:42:02.120 --> 01:42:08.120] and they pulled me over for going like five miles over the speed limit and popped me with no insurance ticket. [01:42:08.120 --> 01:42:12.120] And basically, I talked to Dan Simon, and I used his method of going in there, [01:42:12.120 --> 01:42:16.120] and what they did is they basically just plead for me. [01:42:16.120 --> 01:42:19.120] And Randy told me they can basically do that. [01:42:19.120 --> 01:42:23.120] I mean, I don't understand how because it seems like I have to sign for a plea to plea on paper, [01:42:23.120 --> 01:42:27.120] and they're trying to force me to plea on paper instead of a Magistration hearing. [01:42:27.120 --> 01:42:33.120] But he says that they'll probably just take me to jail if I don't show up to the hearing or file a motion. [01:42:33.120 --> 01:42:35.120] I'm trying to figure out what to do. [01:42:35.120 --> 01:42:37.120] I'm glad that didn't happen. [01:42:37.120 --> 01:42:48.120] Yeah, I'm familiar with Dan's appear and disappear, but I assure you that will get you thrown in jail. [01:42:48.120 --> 01:42:51.120] It will. [01:42:51.120 --> 01:43:01.120] The fact that they entered a plea for you is merely an administrative thing in their office that has nothing to do with you. [01:43:01.120 --> 01:43:03.120] Absolutely nothing. [01:43:03.120 --> 01:43:07.120] You didn't enter a plea, and it wouldn't matter. [01:43:07.120 --> 01:43:13.120] If you use the materials, you're challenging subject matter jurisdiction. [01:43:13.120 --> 01:43:16.120] You always want to do that first anyway. [01:43:16.120 --> 01:43:23.120] And in spite of what a lot of these guys in the legal reform will say, oh, you go down there, you give them jurisdiction. [01:43:23.120 --> 01:43:26.120] You don't do any such thing. [01:43:26.120 --> 01:43:28.120] It doesn't matter what they do. [01:43:28.120 --> 01:43:31.120] It matters what you do. [01:43:31.120 --> 01:43:35.120] So you can't give them subject matter jurisdiction if they don't have it. [01:43:35.120 --> 01:43:39.120] If they enter a plea for you, if they did it, it don't have any effect on you. [01:43:39.120 --> 01:43:41.120] You challenge subject matter jurisdiction. [01:43:41.120 --> 01:43:48.120] You go down there every time they call you down there and then you hammer them for making you come down there. [01:43:48.120 --> 01:43:49.120] Okay, Ben, hang on. [01:43:49.120 --> 01:43:49.120] Show up. [01:43:49.120 --> 01:43:50.120] Stay on the line. [01:43:50.120 --> 01:43:52.120] Yeah, you have to show up. [01:43:52.120 --> 01:43:54.120] Okay, we'll be right back. [01:43:54.120 --> 01:44:00.120] Callers, if you'd like to call in, we've got one more segment, 512-646-1984. [01:44:00.120 --> 01:44:08.120] In a time where telling the truth is a revolutionary act, radicals across the globe are rising up and uniting behind one simple yet profound message. [01:44:08.120 --> 01:44:09.120] Choose freedom. [01:44:09.120 --> 01:44:20.120] Join the revolution and tune in to the Rise Up Radio Show with Kathryn Bleich and John Bush every Monday, Wednesday, and Friday from 7 to 10 a.m. on 90.1 FM in Austin or ruleoflawradio.com on the Internet. [01:44:20.120 --> 01:44:21.120] That's right, folks. [01:44:21.120 --> 01:44:28.120] John Bush and I will be bringing you the latest news from the front lines and examining successful activist strategies from states across the Union. [01:44:28.120 --> 01:44:37.120] Come along for the rise of January as we speak truth to power and embark on Operation D-Fuse, a multi-state tour and expose on the mechanics of the modern police state. [01:44:37.120 --> 01:44:43.120] Check out operationsdfuse.com for more information and be sure to tune in all this week to hear from these great guests. [01:44:43.120 --> 01:44:47.120] Monday, January 4th, renowned author and liberty defender G. Edward Griffin. [01:44:47.120 --> 01:44:50.120] Wednesday, January 6th, Mark Lerner of the Stop Real I.D. Coalition. [01:44:50.120 --> 01:44:54.120] And Friday, January 8th, Michael Bolden of the 10th Amendment Center. [01:44:54.120 --> 01:44:57.120] So tune in, folks, every Monday, Wednesday, and Friday morning from 7 to 10 a.m. [01:44:57.120 --> 01:45:07.120] And don't just wake up, rise up. [01:45:07.120 --> 01:45:21.120] Hello. Oh, man, you're in jail. You got busted, man. Oh, man, I'm broke, dude. [01:45:21.120 --> 01:45:30.120] Some things in this world I will never understand. Some things I realize fully. [01:45:30.120 --> 01:45:40.120] Somebody's going to police that policeman. Somebody's going to police the bully. [01:45:40.120 --> 01:45:48.120] All right. Somebody's going to police the policeman. That would be us and all our listeners, we hope. [01:45:48.120 --> 01:45:55.120] Hey, I just wanted to make a comment here to Ben, you know, following up on Randy's comment about these, [01:45:55.120 --> 01:46:01.120] a lot of these legal myth reformists out there that tell people don't show up because if you do, [01:46:01.120 --> 01:46:06.120] you give them jurisdiction that is absolutely preposterous. That's how people get thrown in jail. [01:46:06.120 --> 01:46:11.120] That's how people lose their cases and cause a lot more problems for themselves. [01:46:11.120 --> 01:46:16.120] You cannot give a court jurisdiction, nor can you take it away. [01:46:16.120 --> 01:46:22.120] If they have it, they have it. That's all there is to it. You cannot give the court subject matter jurisdiction. [01:46:22.120 --> 01:46:29.120] You always want to challenge their subject matter jurisdiction, but you cannot give it to them by showing up. [01:46:29.120 --> 01:46:34.120] Now, what you can do is you can waive your challenge to subject matter jurisdiction, [01:46:34.120 --> 01:46:44.120] and you can grant the court in personum jurisdiction if you start to argue the merits of the case [01:46:44.120 --> 01:46:49.120] before the challenge to the subject matter jurisdiction has been addressed. [01:46:49.120 --> 01:46:55.120] So if you stumble, if you make the mistake of arguing the merits of the case [01:46:55.120 --> 01:46:59.120] without fully pushing the point of arguing subject matter jurisdiction, [01:46:59.120 --> 01:47:03.120] then you give them in personum jurisdiction. You waive your right to challenge the subject. [01:47:03.120 --> 01:47:08.120] So that may be what some of these legal reformists out there are referring to, [01:47:08.120 --> 01:47:14.120] but you can't give the court jurisdiction by just showing up. That's ridiculous. [01:47:14.120 --> 01:47:21.120] You can't give them subject matter jurisdiction. You cannot waive subject matter jurisdiction. [01:47:21.120 --> 01:47:24.120] You can waive your challenge to subject matter jurisdiction. [01:47:24.120 --> 01:47:27.120] If you don't bring it up, it never becomes an issue. [01:47:27.120 --> 01:47:29.120] You can waive your challenge to it. [01:47:29.120 --> 01:47:35.120] You can challenge subject matter jurisdiction no matter how remote in history. [01:47:35.120 --> 01:47:40.120] Just like me going down there and say, yo, Bubba, how about you let me be the judge? [01:47:40.120 --> 01:47:46.120] You just show up at my office and I'll be the judge. Can I do that? [01:47:46.120 --> 01:47:50.120] Yeah, but remember, okay, Randy's correct. [01:47:50.120 --> 01:47:54.120] You can always go back and challenge subject matter jurisdiction at any point in time, [01:47:54.120 --> 01:48:02.120] but the whole thing is what kind of ATLL do you want to put yourself through leading up until that point? [01:48:02.120 --> 01:48:07.120] Do you want to spend time in jail and get in trouble with your boss and lose money [01:48:07.120 --> 01:48:11.120] and have to deal with being incarcerated and all these things? [01:48:11.120 --> 01:48:15.120] So it's a quality of life issue and how you're going to handle it. Go ahead. [01:48:15.120 --> 01:48:20.120] Yeah, I suggest always show up and beat the crap out of them while you're there. [01:48:20.120 --> 01:48:23.120] Get them to do things that you can file complaints against them for. [01:48:23.120 --> 01:48:26.120] Just make a nuisance of yourself. [01:48:26.120 --> 01:48:29.120] So you don't think recusing the judge would work? [01:48:29.120 --> 01:48:33.120] Because that would be the next thing that I know Dan would tell me to do is to recuse the judge. [01:48:33.120 --> 01:48:35.120] Disqualify the judge. [01:48:35.120 --> 01:48:39.120] You don't want to try to recuse them because the judge can rule on their own recusal, [01:48:39.120 --> 01:48:42.120] but they cannot rule on their own disqualification. [01:48:42.120 --> 01:48:45.120] So you're out to find a way to disqualify them, not just recuse them. [01:48:45.120 --> 01:48:51.120] Recusing is when you ask the judge to voluntarily step down. [01:48:51.120 --> 01:48:53.120] You never even want to go there. [01:48:53.120 --> 01:48:59.120] You want to prove that there is some kind of a conflict here, that he doesn't have jurisdiction, [01:48:59.120 --> 01:49:04.120] and demand that he be disqualified and a higher court has to rule on that. [01:49:04.120 --> 01:49:06.120] So don't even bother with the recusal. [01:49:06.120 --> 01:49:12.120] Okay, wait, wait, wait. Do not go to disqualification or recusal yet. [01:49:12.120 --> 01:49:16.120] He first has to prove that he's a judge in this case. [01:49:16.120 --> 01:49:19.120] Right now he's nothing. [01:49:19.120 --> 01:49:25.120] You challenge subject matter jurisdiction, he is nothing until he proves that he hasn't. [01:49:25.120 --> 01:49:29.120] There's no need to disqualify or recuse at this point. [01:49:29.120 --> 01:49:33.120] You only do that once they've proved up subject matter jurisdiction, [01:49:33.120 --> 01:49:39.120] and when you lay Eddie's materials on them, there's no way they can do that. [01:49:39.120 --> 01:49:43.120] Okay, so where's the motion that I filed to do that? [01:49:43.120 --> 01:49:46.120] Well, we have a number there in the materials. [01:49:46.120 --> 01:49:51.120] You know, I hate to keep harping on those materials, but they are so complete. [01:49:51.120 --> 01:49:55.120] Yeah, the materials, inside the materials there are several folders, [01:49:55.120 --> 01:49:59.120] and it's downloadable, so it's all electronic documents, including the book. [01:49:59.120 --> 01:50:04.120] And including a cross-complaint against the court. [01:50:04.120 --> 01:50:07.120] Yeah, I definitely want to do that because I want to start getting into the legal activism. [01:50:07.120 --> 01:50:12.120] If I can, I'll take this all the way to the district judge and file criminal complaints against them, if I can. [01:50:12.120 --> 01:50:16.120] Well, you keep listening to the show. [01:50:16.120 --> 01:50:18.120] We haven't went over due process for a while. [01:50:18.120 --> 01:50:20.120] We need to do that soon. [01:50:20.120 --> 01:50:25.120] How to work the strategy of filing the criminal complaints. [01:50:25.120 --> 01:50:36.120] I addressed this just lightly yesterday at that meeting, but I do eight hours on that issue. [01:50:36.120 --> 01:50:41.120] We can go through that on the show on how to hammer these guys. [01:50:41.120 --> 01:50:43.120] But you can't hammer them if you don't show up. [01:50:43.120 --> 01:50:47.120] That is always an absolute must. [01:50:47.120 --> 01:50:52.120] But once you know how to hammer them, once you kind of got the tools on your side, [01:50:52.120 --> 01:50:55.120] showing up becomes a lot more fun. [01:50:55.120 --> 01:50:59.120] Right. Well, my problem is this is on Friday, so I've got to act quickly. [01:50:59.120 --> 01:51:02.120] And like I said, I'm already having trouble making ends meet. [01:51:02.120 --> 01:51:06.120] So whatever I've got to do, I don't know, maybe I can make payment plans for this thing? [01:51:06.120 --> 01:51:08.120] Do they have this kind of digit list? [01:51:08.120 --> 01:51:13.120] It's only 250 bucks. The ticket's going to cost you a lot more than that. [01:51:13.120 --> 01:51:16.120] Oh, I know. I don't have money to pay the ticket either. [01:51:16.120 --> 01:51:21.120] I don't know what I would do, you know. [01:51:21.120 --> 01:51:22.120] It's all I've got. [01:51:22.120 --> 01:51:25.120] That was 150, so I guess that's better than 50 bucks. [01:51:25.120 --> 01:51:30.120] I might be able to pull that, scrum that up. [01:51:30.120 --> 01:51:36.120] So is this stuff by chance available locally? [01:51:36.120 --> 01:51:40.120] Just on the Internet. [01:51:40.120 --> 01:51:42.120] Well, no, that's not true. [01:51:42.120 --> 01:51:45.120] He can buy the Seminole materials at Brave New Books on DVD. [01:51:45.120 --> 01:51:47.120] That's right. I forgot. [01:51:47.120 --> 01:51:48.120] Okay, good. [01:51:48.120 --> 01:51:52.120] That's what I need to do because I don't have time to wait for it to come in the mail. [01:51:52.120 --> 01:51:55.120] It wouldn't come in the mail. [01:51:55.120 --> 01:51:59.120] If you pay by PayPal or credit card, as soon as it hits the account, [01:51:59.120 --> 01:52:03.120] I email people a username and password to download the materials. [01:52:03.120 --> 01:52:07.120] Now, it's quite a lot of material, including the audio files, [01:52:07.120 --> 01:52:09.120] so it will take a while to download it all, [01:52:09.120 --> 01:52:17.120] but we're not going to mail them out because I don't have the time to do all the DVD duplication [01:52:17.120 --> 01:52:21.120] and go to the mailbox and the post office and mail things to people. [01:52:21.120 --> 01:52:22.120] I can't do that. [01:52:22.120 --> 01:52:26.120] That's why Brave New Books is handling all that. [01:52:26.120 --> 01:52:35.120] So folks out there, if you're not in Austin and you want the materials on optical media, [01:52:35.120 --> 01:52:39.120] if you don't have high-speed Internet and you can't download this stuff, [01:52:39.120 --> 01:52:44.120] buy it from Brave New Books and there's a little extra charge for shipping, [01:52:44.120 --> 01:52:47.120] and they will send it to you in the mail. [01:52:47.120 --> 01:52:49.120] But we're not going to mail them out ourselves. [01:52:49.120 --> 01:52:51.120] We can't deal with that. [01:52:51.120 --> 01:52:52.120] Okay. [01:52:52.120 --> 01:52:55.120] Well, that's actually better than as long as it's like instant [01:52:55.120 --> 01:52:58.120] because I was hoping that you wouldn't mail them out because then I would have to wait for them, [01:52:58.120 --> 01:53:04.120] and by the time I got here, it would be like my court date already. [01:53:04.120 --> 01:53:06.120] Exactly. [01:53:06.120 --> 01:53:12.120] Now, I don't know how instant it's going to be because, like I said, gigs of data, [01:53:12.120 --> 01:53:18.120] but the book is not gigs and gigs, but there are many documents, [01:53:18.120 --> 01:53:24.120] and I've zipped them up, but it will take a while even with high-speed Internet to download everything. [01:53:24.120 --> 01:53:25.120] Okay. [01:53:25.120 --> 01:53:30.120] Well, I have a dialogue connection, but I have a friend that has high-speed, [01:53:30.120 --> 01:53:32.120] so I'll just get them to download it for me. [01:53:32.120 --> 01:53:33.120] That's not a big deal. [01:53:33.120 --> 01:53:36.120] Okay. [01:53:36.120 --> 01:53:40.120] And since your court date's on Friday and we don't have another show until Thursday, [01:53:40.120 --> 01:53:44.120] if you want to get this stuff and start going over it [01:53:44.120 --> 01:53:49.120] and figuring out what you need to do, if you have questions, email Eddie. [01:53:49.120 --> 01:53:50.120] Okay. [01:53:50.120 --> 01:53:52.120] Yeah, you can email me off the website there. [01:53:52.120 --> 01:53:55.120] I'm going to click on that, and it will give you my email address. [01:53:55.120 --> 01:54:03.120] Now, Eddie can't help people for hours and hours and hours on end [01:54:03.120 --> 01:54:09.120] without some kind of compensation because people have to pay their bills here. [01:54:09.120 --> 01:54:16.120] I think Eddie is agreeable to give some degree of paralegal assistance without charging, [01:54:16.120 --> 01:54:19.120] but I'm just putting it out there. [01:54:19.120 --> 01:54:24.120] He is offering up his services on an hourly basis, you know, [01:54:24.120 --> 01:54:28.120] for people who need, you know, quite a bit of additional assistance. [01:54:28.120 --> 01:54:29.120] I have a question. [01:54:29.120 --> 01:54:30.120] Understood. [01:54:30.120 --> 01:54:35.120] Question, is this your first appearance? [01:54:35.120 --> 01:54:36.120] Well, no. [01:54:36.120 --> 01:54:40.120] The ticket, they actually asked me to appear at this court. [01:54:40.120 --> 01:54:42.120] I wouldn't call it a court. [01:54:42.120 --> 01:54:43.120] Wait a minute, wait a minute. [01:54:43.120 --> 01:54:44.120] Stop, stop. [01:54:44.120 --> 01:54:48.120] You had to sign the ticket and promise to appear. [01:54:48.120 --> 01:54:49.120] Right. [01:54:49.120 --> 01:54:52.120] You showed up at the court based on that promise, right? [01:54:52.120 --> 01:54:54.120] If you want to call it that, yeah. [01:54:54.120 --> 01:54:55.120] Okay, wait, wait. [01:54:55.120 --> 01:54:57.120] Let's not get, I'm trying to go to one place. [01:54:57.120 --> 01:54:58.120] Okay. [01:54:58.120 --> 01:55:02.120] After that, whatever you want to call it, did they summon you, [01:55:02.120 --> 01:55:07.120] tell you to be back in court at a certain day at a certain time, [01:55:07.120 --> 01:55:10.120] or have you already been to the court again? [01:55:10.120 --> 01:55:11.120] No, no. [01:55:11.120 --> 01:55:13.120] I only, I showed up once. [01:55:13.120 --> 01:55:17.120] I tried to get him to sign my notice of appearance, basically, [01:55:17.120 --> 01:55:18.120] but he didn't. [01:55:18.120 --> 01:55:19.120] Okay, don't worry about that. [01:55:19.120 --> 01:55:20.120] Hold on. [01:55:20.120 --> 01:55:21.120] File one. [01:55:21.120 --> 01:55:23.120] Okay, this is just a let's make a deal hearing. [01:55:23.120 --> 01:55:26.120] There will be no trial, no nothing. [01:55:26.120 --> 01:55:29.120] This is an annoyance hearing. [01:55:29.120 --> 01:55:35.120] So what I suggest you do is demand of the judge to tell you what you're doing here. [01:55:35.120 --> 01:55:39.120] You got a pencil? [01:55:39.120 --> 01:55:41.120] Yeah, I got mine. [01:55:41.120 --> 01:55:43.120] Let me get notepad up, yeah. [01:55:43.120 --> 01:55:50.120] Write down 28.01 Code of Criminal Procedure. [01:55:50.120 --> 01:55:52.120] Look it up. [01:55:52.120 --> 01:55:53.120] Print out a copy. [01:55:53.120 --> 01:55:55.120] Take it with you. [01:55:55.120 --> 01:55:57.120] Ask the judge what you've been summoned here for. [01:55:57.120 --> 01:56:01.120] Under what authority did he summon you to court today? [01:56:01.120 --> 01:56:02.120] Okay. [01:56:02.120 --> 01:56:06.120] And he's going to give you some blah, blah. [01:56:06.120 --> 01:56:08.120] And this is what I did in Travis County. [01:56:08.120 --> 01:56:09.120] They summoned me to court. [01:56:09.120 --> 01:56:11.120] And the first thing I did is went up to the judge and said, [01:56:11.120 --> 01:56:13.120] Your Honor, I have the summons here. [01:56:13.120 --> 01:56:14.120] What am I doing here? [01:56:14.120 --> 01:56:16.120] It doesn't tell me why I was summoned. [01:56:16.120 --> 01:56:21.120] Well, well, we needed to find out if you had an attorney. [01:56:21.120 --> 01:56:23.120] I have a telephone. [01:56:23.120 --> 01:56:26.120] And you could have sent me a letter. [01:56:26.120 --> 01:56:30.120] So under what authority did you order me to be here? [01:56:30.120 --> 01:56:32.120] And she said, well, we need to see if you had an attorney. [01:56:32.120 --> 01:56:35.120] I said, well, I have 28.01 Code of Criminal Procedure here. [01:56:35.120 --> 01:56:40.120] And it lists all of those things you can order me to come to court for, [01:56:40.120 --> 01:56:41.120] to see if I have an attorney. [01:56:41.120 --> 01:56:43.120] It's not one of them. [01:56:43.120 --> 01:56:45.120] Oh, Randy, listen, by the way, we've got two minutes left. [01:56:45.120 --> 01:56:46.120] And Rodney called in. [01:56:46.120 --> 01:56:47.120] I think he just wants to talk to us. [01:56:47.120 --> 01:56:48.120] Okay, I'll go quickly. [01:56:48.120 --> 01:56:53.120] When you read 28.01, the very first thing is an arraignment. [01:56:53.120 --> 01:57:00.120] But if you go to 26.01, it'll tell you that an arraignment, [01:57:00.120 --> 01:57:03.120] there shall be an arraignment in all felony [01:57:03.120 --> 01:57:06.120] and all misdemeanor charges punishable by imprisonment. [01:57:06.120 --> 01:57:08.120] So this judge can't hold an arraignment. [01:57:08.120 --> 01:57:11.120] Everything else is a motion hearing. [01:57:11.120 --> 01:57:13.120] Jerk the judge's chain on that [01:57:13.120 --> 01:57:17.120] and then file against the judge for abuse of process. [01:57:17.120 --> 01:57:18.120] But there won't be a hearing this time, [01:57:18.120 --> 01:57:19.120] so you don't have to worry about it. [01:57:19.120 --> 01:57:21.120] You don't have to be ready for all that yet. [01:57:21.120 --> 01:57:22.120] Okay, we've got one minute, 30 seconds. [01:57:22.120 --> 01:57:23.120] Okay. [01:57:23.120 --> 01:57:26.120] Let me just get comments from Rodney real quick before the show ends. [01:57:26.120 --> 01:57:29.120] Rodney, sorry to leave you so little time. [01:57:29.120 --> 01:57:31.120] What is on your mind? [01:57:31.120 --> 01:57:33.120] Yes, I had a question for Randy. [01:57:33.120 --> 01:57:34.120] Can you speak up? [01:57:34.120 --> 01:57:35.120] You're very low. [01:57:35.120 --> 01:57:38.120] Yes, I had a question for Randy. [01:57:38.120 --> 01:57:43.120] A couple of years ago, we got started to maintain the website. [01:57:43.120 --> 01:57:44.120] I used to take notes. [01:57:44.120 --> 01:57:45.120] Wait, I can't hear you. [01:57:45.120 --> 01:57:48.120] Yes, you're on a real bad connection, Rodney. [01:57:48.120 --> 01:57:50.120] You'll have to speak up. [01:57:50.120 --> 01:57:55.120] Does Randy still maintain his website, juristinprudence.com? [01:57:55.120 --> 01:57:56.120] Yes. [01:57:56.120 --> 01:58:02.120] Yes, I just don't maintain it as well as I should. [01:58:02.120 --> 01:58:04.120] It's still up, yes. [01:58:04.120 --> 01:58:10.120] Does it have information dealing with letters of admission [01:58:10.120 --> 01:58:14.120] and how to challenge chain of custody? [01:58:14.120 --> 01:58:17.120] No, it doesn't go to the commercial issues at all. [01:58:17.120 --> 01:58:19.120] I only do due process. [01:58:19.120 --> 01:58:24.120] You may want to call into agenda 21 talk about that tomorrow night, Rodney. [01:58:24.120 --> 01:58:25.120] All right, thank you. [01:58:25.120 --> 01:58:28.120] Okay, very good. [01:58:28.120 --> 01:58:32.120] Okay, we will be back Thursday night. [01:58:32.120 --> 01:58:37.120] Don't forget, Rise Up Radio, Monday, Wednesday, Friday, 7 to 10 a.m. [01:58:37.120 --> 01:58:43.120] Tomorrow night, Tom Kiley, 6 to 8, and agenda 21 talk from 8 to 10, [01:58:43.120 --> 01:58:49.120] and Katie Brewer's brand new show, Liberty's Brewing, this Friday, 6 to 8. [01:58:49.120 --> 01:58:53.120] Brand new shows, brand new year, brand new archives, higher quality. [01:58:53.120 --> 01:58:58.120] We'll have this posted in just a few minutes. [01:58:58.120 --> 01:59:02.120] I'm like a stepping graze, I don't want my size. [01:59:02.120 --> 01:59:06.120] I'm dangerous, dangerous. [01:59:06.120 --> 01:59:10.120] I'm like a stepping graze, I don't want my size. [01:59:10.120 --> 01:59:13.120] I'm dangerous, dangerous. [01:59:13.120 --> 01:59:20.120] If you are a Chucky, somebody Chucky bump me. [01:59:20.120 --> 01:59:28.120] If you are a Chucky, Chucky, somebody Chucky bump me. [01:59:28.120 --> 01:59:32.120] I'm like a stepping graze, I don't want my size. [01:59:32.120 --> 01:59:36.120] I'm dangerous, I'm dangerous. [01:59:36.120 --> 01:59:40.120] I'm like a stepping graze, I don't want my size. [01:59:40.120 --> 01:59:43.120] I'm dangerous, dangerous. [01:59:43.120 --> 01:59:50.120] If you are a Chucky, somebody Chucky bump me. [01:59:50.120 --> 02:00:14.120] If you are a Chucky, somebody Chucky bump me.