[00:00.000 --> 00:04.560]  This news brief brought to you by the International News Nest.
[00:04.560 --> 00:09.360]  Billionaire investor George Soros, speaking at the World Economic Forum in Davos, said
[00:09.360 --> 00:11.400]  gold is the ultimate bubble.
[00:11.400 --> 00:15.960]  Soros warned that with interest rates low around the world, policymakers were risking
[00:15.960 --> 00:20.240]  generating new bubbles that will cause crashes in the future.
[00:20.240 --> 00:25.960]  Ben Bernanke has been reappointed to a second four-year term as the Federal Reserve boss.
[00:25.960 --> 00:29.980]  Critics point out Bernanke did nothing to stop the buildup of leverage in the housing
[00:29.980 --> 00:30.980]  market.
[00:30.980 --> 00:35.280]  He oversaw the bailout of Bear Stearns and AIG, a call that Congress and the American
[00:35.280 --> 00:37.080]  people should have made.
[00:37.080 --> 00:42.240]  Bernanke also saw the massive expansion of the Fed's balance sheet from almost 900 billion
[00:42.240 --> 00:44.800]  to over $2 trillion.
[00:44.800 --> 00:49.120]  The Democrat-controlled Senate has muscled through a plan to allow the government to
[00:49.120 --> 00:53.400]  go to a whopping $1.9 trillion deeper in debt.
[00:53.400 --> 01:00.040]  The party-line 60-40 vote was successful only because Republican Senator-elect Scott Brown
[01:00.040 --> 01:01.560]  has yet to be seated.
[01:01.560 --> 01:07.920]  The measure would lift the debt ceiling to $14.3 trillion, that's about $45,000 for
[01:07.920 --> 01:12.920]  every American.
[01:12.920 --> 01:17.800]  Critics say Barack Obama's discussion of energy policy in his State of the Union address
[01:17.800 --> 01:23.400]  pandered to corporate interests while demoralizing his progressive supporters.
[01:23.400 --> 01:27.760]  Obama made a strong case for investing in solar technology, advanced batteries, and
[01:27.760 --> 01:33.840]  high-speed rail, saying they were critical to job creation and international competitiveness.
[01:33.840 --> 01:38.240]  But he also offered concessions to corporate polluters.
[01:38.240 --> 01:43.200]  Republicans who stayed silent when Obama called for economic reforms applauded his praise
[01:43.200 --> 01:45.200]  of industrial polluters.
[01:45.200 --> 01:51.320]  Obama described nuclear power, offshore oil and gas drilling, and coal as clean energy
[01:51.320 --> 01:52.320]  jobs.
[01:52.320 --> 01:58.720]  The website ThinkProgress says nukes, oil, and coal just aren't clean, adding if Obama
[01:58.720 --> 02:03.400]  really is committed to tough decisions, he'll take on the coal companies who are tearing
[02:03.400 --> 02:08.400]  up the Appalachian Mountains, the nuclear companies who want taxpayers to take all the
[02:08.400 --> 02:13.400]  risk for accidents and waste, and the oil companies who are burning up the planet for
[02:13.400 --> 02:17.840]  their own profit.
[02:17.840 --> 02:22.240]  Climate scientists say it would be 100 times cheaper to shield the earth from sunlight
[02:22.240 --> 02:26.800]  with a man-made sunblock than to cut emissions of greenhouse gases.
[02:26.800 --> 02:31.720]  They say simulating a volcanic eruption by putting man-made aerosol particles into the
[02:31.720 --> 02:37.720]  atmosphere would rapidly lower global temperatures and could provide a vital respite from global
[02:37.720 --> 02:42.440]  warming until cuts in CO2 emissions begin to have the desired effect.
[02:42.440 --> 02:49.360]  Doctors David Keith, Edward Parson, and Granger Morgan wrote in the journal Nature, many scientists
[02:49.360 --> 02:54.320]  have argued against research on solar radiation management, adding, we think the risks of
[02:54.320 --> 03:13.600]  not doing research outweigh the risks of doing it.
[03:13.600 --> 03:37.480]  What are you going to do, what are you going to do, what are you going to do, what are
[03:37.480 --> 03:57.440]  you going to do, what are you going to do, what are you going to do, what are you going
[03:57.440 --> 04:23.520]  All right, bad boys, bad boys, what are you going to do when we come for you?
[04:23.520 --> 04:31.720]  Randy Kelton, Deborah Stevens, Eddie Craig, not necessarily in that order, of course.
[04:31.720 --> 04:41.840]  And tonight, Randy has the night off again because we are both of us working fastly and
[04:41.840 --> 04:52.720]  furiously on some FCC issues for various people around the area who are fighting the FCC.
[04:52.720 --> 04:55.320]  So these documents have to get in like tomorrow.
[04:55.320 --> 05:00.360]  So we are, I took my turn today to work on them, now Randy is going to take his turn
[05:00.360 --> 05:01.360]  tonight.
[05:01.360 --> 05:03.840]  So Randy has the night off to deal with those issues.
[05:03.840 --> 05:09.640]  And we've got Eddie Craig, it's traffic night anyway for Eddie's night here on the rule
[05:09.640 --> 05:10.640]  of law.
[05:10.640 --> 05:15.080]  And Eddie, you want to discuss a legal black hole that you have found.
[05:15.080 --> 05:16.800]  Yes, I do.
[05:16.800 --> 05:23.280]  It goes hand in hand what we talked about the other night, dealing with Article 1406
[05:23.280 --> 05:26.240]  and 1517 of the Code of Criminal Procedure.
[05:26.240 --> 05:30.640]  Now let me lay this out for you the way it works.
[05:30.640 --> 05:38.000]  Chapter 14 deals with an arrest without a warrant, and it specifically names the things
[05:38.000 --> 05:42.640]  for which a person can be arrested by order of a magistrate or something committed in
[05:42.640 --> 05:47.080]  the presence of a peace officer or another civilian.
[05:47.080 --> 05:53.360]  1517, the Chapter 15 covers arrest with a warrant.
[05:53.360 --> 05:59.720]  Now 1406 and 1517 overlap with each other.
[05:59.720 --> 06:05.700]  The arrest without warrant only occurs up until the point where you are taken into custody.
[06:05.700 --> 06:14.560]  At that point, 1406 and 1517 converge because everything done from that point on the moment
[06:14.560 --> 06:18.760]  you're in custody is exactly the same.
[06:18.760 --> 06:26.800]  And 1406 specifically references the magistrate and the officer to proceed forward under 1517
[06:26.800 --> 06:29.680]  to do their thing.
[06:29.680 --> 06:36.000]  Now this leads us back to what we normally talk about, which is Section 543 of the Transportation
[06:36.000 --> 06:41.200]  Code where the officer is allegedly allowed to authorize for any violation of Subtitle
[06:41.200 --> 06:53.440]  C. Now what we're going to see tonight is I do believe that we can show absolutely that
[06:53.440 --> 06:59.320]  these people are committing high crimes and misdemeanors against the citizens of Texas
[06:59.320 --> 07:04.580]  for arresting them under an administrative charge.
[07:04.580 --> 07:11.520]  Not a civil penalty, not a criminal penalty, but an administrative penalty.
[07:11.520 --> 07:17.680]  Now where they got the authority to think they could arrest for an administrative charge
[07:17.680 --> 07:19.900]  is beyond me.
[07:19.900 --> 07:27.560]  But I'm going to show by what I'm going to present to you tonight that Article 1406 and
[07:27.560 --> 07:38.480]  Article 1517 by their own language may not be used in the event of a traffic citation.
[07:38.480 --> 07:43.760]  So in the event of a traffic citation, what is the proper procedure?
[07:43.760 --> 07:51.240]  Because 1406 and 1517 will not apply and I'll show you how that works.
[07:51.240 --> 07:55.400]  Let's first look at 1406 arrest without warrant.
[07:55.400 --> 08:03.200]  In Subsection A, except as otherwise provided by this article, in each case enumerated in
[08:03.200 --> 08:04.200]  this code.
[08:04.200 --> 08:05.800]  Now we talked about this last time.
[08:05.800 --> 08:12.600]  It's specifically talking about things enumerated within the Code of Criminal Procedure.
[08:12.600 --> 08:17.960]  The person making the arrest or the person having custody of the person arrested shall
[08:17.960 --> 08:23.320]  take the person arrested or have him taken without unnecessary delay but not later than
[08:23.320 --> 08:29.880]  48 hours after the person is arrested before the magistrate who may have ordered the arrest
[08:29.880 --> 08:35.320]  before some magistrate of the county where the arrest was made without an order or to
[08:35.320 --> 08:40.960]  provide more expeditiously to the person arrested the warnings described by Article 1517 of this
[08:40.960 --> 08:47.160]  code before a magistrate in any other county of this state.
[08:47.160 --> 08:54.440]  The magistrate shall immediately perform the duties described in Article 1517 of this code.
[08:54.440 --> 08:59.400]  Now that is Subsection A of 1406.
[08:59.400 --> 09:05.800]  Subsection A of 1517 specifically goes through everything the magistrate is supposed to do
[09:05.800 --> 09:10.120]  once the accused is before them.
[09:10.120 --> 09:14.920]  Now let's look at 1406 Subsection B.
[09:14.920 --> 09:21.640]  A peace officer who is charging a person including a child with committing an offense that is
[09:21.640 --> 09:30.720]  a Class C misdemeanor other than an offense under Section 49.02 Penal Code may instead
[09:30.720 --> 09:36.680]  of taking the person before a magistrate issue a citation to that person that contains written
[09:36.680 --> 09:41.640]  notice of the time and place the person must appear before a magistrate, the name and address
[09:41.640 --> 09:46.040]  of the person charged and the offense charged.
[09:46.040 --> 09:52.360]  Now notice this specifically says an offense that is a Class C misdemeanor.
[09:52.360 --> 09:56.400]  We also notice that a great number of the offenses under the Transportation Code are
[09:56.400 --> 10:00.480]  just said to be misdemeanors, not Class Cs.
[10:00.480 --> 10:08.000]  They simply say misdemeanor and in some instances, but very few, it actually classifies them
[10:08.000 --> 10:11.400]  as a Class C misdemeanor.
[10:11.400 --> 10:13.320]  Why the disparity?
[10:13.320 --> 10:19.160]  Why does the legislature have enough brains in one section to actually state Class C misdemeanor
[10:19.160 --> 10:24.880]  and have a total aneurysm in the other section where they can't seem to do anything but just
[10:24.880 --> 10:28.080]  say a misdemeanor?
[10:28.080 --> 10:34.640]  That leads to question number one, which is why is there a disparity here?
[10:34.640 --> 10:41.880]  Now Subsection C of 1406, if the person resides in the county where the offense occurred,
[10:41.880 --> 10:46.560]  a peace officer who is charging a person with committing an offense that is a Class A or
[10:46.560 --> 10:53.280]  B misdemeanor may instead of taking the person before a magistrate issue a citation to the
[10:53.280 --> 10:57.680]  person that contains written notice of the time and place the person must appear before
[10:57.680 --> 11:03.960]  a magistrate of this state as described by Subsection A. The name and address of the
[11:03.960 --> 11:08.160]  person charged and the offense charged.
[11:08.160 --> 11:14.080]  Now Subsection D. Subsection C applies only to a person charged with committing offense
[11:14.080 --> 11:19.440]  under Section 481.121.
[11:19.440 --> 11:21.840]  That's the Health and Safety Code.
[11:21.840 --> 11:25.880]  Section 28.03 Penal Code.
[11:25.880 --> 11:36.240]  Section 31.03 Penal Code. Section 31.04 Penal Code. Section 38.114 Penal Code.
[11:36.240 --> 11:41.640]  Section 521.457 Transportation Code.
[11:41.640 --> 11:51.640]  Now notice Subsection C applies only in these cases right here, these particular offenses.
[11:51.640 --> 11:58.560]  Now the one thing about 1406A, it says except as otherwise provided by this article in each
[11:58.560 --> 12:04.800]  case enumerated in this code, well what is it calling a case in this code?
[12:04.800 --> 12:09.840]  Because the only thing I can see that speaks to an actual offense in the Code of Criminal
[12:09.840 --> 12:16.600]  Procedure is the sections dealing with jurisdiction and statute of limitations.
[12:16.600 --> 12:23.120]  So what are they talking about when they say in each case enumerated in this code?
[12:23.120 --> 12:26.280]  Are they talking about the items here in Subsection D?
[12:26.280 --> 12:32.080]  What are these things that they're enumerating that exist only in this code?
[12:32.080 --> 12:33.080]  It's hard to say.
[12:33.080 --> 12:36.940]  It doesn't clarify where it's getting this enumeration from.
[12:36.940 --> 12:41.640]  But the Code of Criminal Procedure does not enumerate an offense.
[12:41.640 --> 12:49.160]  It simply states who has jurisdiction of a given type of offense and what the statute
[12:49.160 --> 12:54.760]  of limitations are on a particular type of offense.
[12:54.760 --> 12:57.800]  So what are they talking about?
[12:57.800 --> 13:01.940]  Now let's slip over to 1517 for a moment.
[13:01.940 --> 13:08.240]  And just for the sake of argument, let's just go ahead and say that Subsection A tells the
[13:08.240 --> 13:15.600]  magistrate everything he is required to do under the provisions of 1517 when a person
[13:15.600 --> 13:18.000]  is brought before him.
[13:18.000 --> 13:23.080]  And if you read it, you'll find that that's pretty much exactly what it is.
[13:23.080 --> 13:32.000]  But if we go to Subsection B of 1517, Subsection B's language appears to nullify the activities
[13:32.000 --> 13:41.880]  of Subsection A if, after an accused charged with a misdemeanor punishable by fine only
[13:41.880 --> 13:47.760]  is taken before a magistrate under Subsection A of this article, and the magistrate has
[13:47.760 --> 13:54.320]  identified the accused with certainty, the magistrate may release the accused without
[13:54.320 --> 13:58.260]  bond and order the accused to appear at a later date for arraignment in the county or
[13:58.260 --> 14:00.560]  statutory county court.
[14:00.560 --> 14:06.320]  Now the reason I say that they have to skip Subsection A and go with just what's in B
[14:06.320 --> 14:12.360]  is because in Subsection A they take a plea from you.
[14:12.360 --> 14:18.360]  Now it's my understanding that a plea has to be entered after or during an arraignment,
[14:18.360 --> 14:20.200]  which an examining trial is not.
[14:20.200 --> 14:24.040]  An arraignment is something completely separate.
[14:24.040 --> 14:30.640]  So, why are they taking a plea in an examining trial in Subsection A?
[14:30.640 --> 14:36.280]  Because Subsection B is saying that you have to be told when to come back to go to arraignment,
[14:36.280 --> 14:39.360]  which is where you normally enter your plea.
[14:39.360 --> 14:43.920]  Now I went and looked up arraignment, and guess what?
[14:43.920 --> 14:52.480]  An arraignment actually only occurs after an indictment, okay?
[14:52.480 --> 14:53.960]  You get that?
[14:53.960 --> 14:59.160]  An arraignment occurs after an indictment.
[14:59.160 --> 15:01.800]  Well you're not being indicted.
[15:01.800 --> 15:09.480]  So an arraignment would not apply in the case of a Class C misdemeanor.
[15:09.480 --> 15:15.380]  So what are they sending you for on an arraignment?
[15:15.380 --> 15:22.520]  Because the code says only in the case of an indictment is an arraignment to be held.
[15:22.520 --> 15:24.720]  So where does that leave us?
[15:24.720 --> 15:32.080]  Well when you go through this, the order must state in writing, now we're back in 1517B,
[15:32.080 --> 15:38.360]  we're continuing on, the magistrate may release the accused without bond and order the accused
[15:38.360 --> 15:44.320]  to appear at a later date for arraignment in the county court or statutory county court.
[15:44.320 --> 15:51.560]  The order must state in writing the time, date, and place of the arraignment.
[15:51.560 --> 15:54.920]  The magistrate must sign the order.
[15:54.920 --> 15:58.280]  The accused shall receive a copy of the order on release.
[15:58.280 --> 16:01.720]  I don't know about you, but I don't ever get a copy of any order when I leave a traffic
[16:01.720 --> 16:03.720]  court.
[16:03.720 --> 16:08.400]  If an accused fails to appear as required by the order, meaning in the county court
[16:08.400 --> 16:13.240]  or the statutory county court you fail to appear, the judge of the court in which the
[16:13.240 --> 16:18.400]  accused is required to appear shall issue a warrant for the arrest of the accused.
[16:18.400 --> 16:20.200]  Now get that.
[16:20.200 --> 16:24.800]  The judge in the municipal court or the justice court doesn't issue the warrant, it's the
[16:24.800 --> 16:28.520]  judge of the county or statutory county court that you were supposed to have been ordered
[16:28.520 --> 16:29.520]  to appear in.
[16:29.520 --> 16:30.520]  All right?
[16:30.520 --> 16:36.040]  And we'll pick this up when we get on the other side from the break.
[16:36.040 --> 16:39.320]  All right, very good, thanks Eddie.
[16:39.320 --> 17:00.360]  And callers, if you'd like to call in 512-646-1984, we will be right back.
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[18:14.840 --> 18:18.000]  All right, we are back.
[18:18.000 --> 18:20.240]  Okay Eddie, please continue.
[18:20.240 --> 18:24.960]  Okay, now in subsection B we're going to continue on and finish reading that out.
[18:24.960 --> 18:29.320]  If the accused is arrested and brought before the judge, the judge may admit the accused
[18:29.320 --> 18:33.360]  to bail, and admitting the accused to bail, the judge should set as the amount of bail
[18:33.360 --> 18:38.240]  an amount double that generally set for the offense for which the accused was arrested.
[18:38.240 --> 18:42.800]  This subsection does not apply to an accused who has previously been convicted of a felony
[18:42.800 --> 18:49.200]  or a misdemeanor other than a misdemeanor punishable by fine only, all right?
[18:49.200 --> 18:54.800]  Now let's skip down a little bit to subsection E, all right?
[18:54.800 --> 19:00.800]  In each case in which a person arrested is taken before a magistrate as required by subsection
[19:00.800 --> 19:07.680]  A, a record shall be made of, one, the magistrate informing the person of the person's right
[19:07.680 --> 19:11.600]  to request appointment of counsel.
[19:11.600 --> 19:15.480]  Aren't you automatically told in traffic court that they don't appoint counsel, they're
[19:15.480 --> 19:21.260]  not going to appoint counsel, and you need to get your own counsel?
[19:21.260 --> 19:26.280]  And if that's the case, wouldn't that mean that they are either A, ignoring the procedure
[19:26.280 --> 19:34.680]  set forth in subsection A of 1517, or there's something, there's not telling you about
[19:34.680 --> 19:41.800]  where you're actually supposed to be, because here this says that you have the right to
[19:41.800 --> 19:47.000]  request appointment of counsel under subsection A. So if they're following the procedures
[19:47.000 --> 19:50.920]  of subsection A, they should be telling you that, and they're not.
[19:50.920 --> 19:54.560]  In fact, they're denying you counsel.
[19:54.560 --> 20:00.560]  Now let's go to two, the magistrate asking the person whether the person wants to request
[20:00.560 --> 20:07.600]  appointment of counsel, and sub-item three, whether the person requested appointment of
[20:07.600 --> 20:08.600]  counsel.
[20:08.600 --> 20:11.640]  Well, this all seems pretty clear to me.
[20:11.640 --> 20:18.480]  Here are three things they must document about the appointment of counsel.
[20:18.480 --> 20:25.680]  Nowhere here does it say the judge must document that the judge denied the appointment of counsel,
[20:25.680 --> 20:32.020]  or that the judge denied the opportunity to request appointment of counsel.
[20:32.020 --> 20:38.040]  It just simply says that on these three things, the documentation shall be made that the person
[20:38.040 --> 20:44.080]  was told about the appointment of counsel, and whether or not they wanted to request
[20:44.080 --> 20:51.320]  appointment of counsel, and whether or not the person did request appointment of counsel.
[20:51.320 --> 20:52.880]  Very odd, don't you think?
[20:52.880 --> 20:59.280]  Now subsection F, a record required under subsection E may consist of written forms,
[20:59.280 --> 21:03.440]  electronic recordings, or other documentation as authorized by procedures adopted in the
[21:03.440 --> 21:08.640]  county under Article 26.04A of the Code of Criminal Procedure.
[21:08.640 --> 21:13.720]  Now let's go to G. G is where this gets interesting for us.
[21:13.720 --> 21:21.360]  If a person charged with an offense punishable as a misdemeanor appears before a magistrate
[21:21.360 --> 21:30.560]  in compliance with a citation issued under Article 14.06B or C, the magistrate shall
[21:30.560 --> 21:36.920]  perform the duties imposed by this article in the same manner as if the person had been
[21:36.920 --> 21:42.040]  arrested and brought before the magistrate by a peace officer.
[21:42.040 --> 21:47.200]  After the magistrate performs the duties imposed by this article, the magistrate except for
[21:47.200 --> 21:51.320]  good cause shown may release the person on personal bond.
[21:51.320 --> 21:57.440]  If a person who was issued a citation under Article 14.06C fails to appear as required
[21:57.440 --> 22:02.460]  by that citation, the magistrate before which the person is required to appear shall issue
[22:02.460 --> 22:05.120]  a warrant for the arrest of the accused.
[22:05.120 --> 22:07.640]  Now why is this important?
[22:07.640 --> 22:16.240]  Well, because 14.06B and C say they apply only to a citation issued for Class C misdemeanors
[22:16.240 --> 22:25.080]  other than an offense under Section 4902 Penal Code that deal with things listed and enumerated
[22:25.080 --> 22:28.640]  in this code, meaning the Code of Criminal Procedure.
[22:28.640 --> 22:33.640]  Well, do you know what is not back here anywhere?
[22:33.640 --> 22:38.320]  Meaning dealing with jurisdiction of transportation code offenses.
[22:38.320 --> 22:40.660]  There's nothing there.
[22:40.660 --> 22:47.000]  There's all kinds of offenses listed for statute of limitations and jurisdiction, just no transportation
[22:47.000 --> 22:48.000]  code.
[22:48.000 --> 22:51.320]  Now why is that?
[22:51.320 --> 22:57.160]  Now let's also analyze what they do under 543 Transportation Code.
[22:57.160 --> 23:04.760]  543 Transportation Code has a very specific set of instructions on what the officer is
[23:04.760 --> 23:05.760]  to do.
[23:05.760 --> 23:10.360]  543.002, person arrested to be taken before a magistrate.
[23:10.360 --> 23:16.640]  A person arrested, or subsection A, a person arrested for a violation of this subtitle.
[23:16.640 --> 23:24.440]  Now get this, this subtitle, that would be Subtitle C, okay?
[23:24.440 --> 23:26.080]  Punishable as a misdemeanor.
[23:26.080 --> 23:31.840]  Notice it did not say Class C misdemeanor, it said misdemeanor, shall be immediately
[23:31.840 --> 23:38.740]  taken before a magistrate if, one, the person is arrested on a charge of failure to stop
[23:38.740 --> 23:46.180]  in the event of an accident causing damage to property, or two, the person demands an
[23:46.180 --> 23:50.740]  immediate appearance before a magistrate or refuses to make a written promise to appear
[23:50.740 --> 23:55.920]  in court as provided by this subchapter.
[23:55.920 --> 24:02.760]  Subsection B, the person must be taken before a magistrate who, one, has jurisdiction of
[24:02.760 --> 24:08.240]  the offense, and two, is in the county in which the offense charge is alleged to have
[24:08.240 --> 24:15.480]  been committed, and three, is nearest or most accessible to the place of arrest.
[24:15.480 --> 24:19.760]  So just because you get a ticket and arrested in the city does not necessarily mean that
[24:19.760 --> 24:22.720]  the municipal court gets jurisdiction.
[24:22.720 --> 24:27.920]  They're required to take you to the nearest magistrate in the county where the arrest
[24:27.920 --> 24:30.160]  takes place.
[24:30.160 --> 24:37.720]  It says, in three, is nearest or most accessible to the place of the arrest.
[24:37.720 --> 24:39.480]  So it's very clear there.
[24:39.480 --> 24:44.720]  They don't have the 48-hour option under 1406, and it's not really an option.
[24:44.720 --> 24:47.160]  They just like to claim it is.
[24:47.160 --> 24:53.380]  Now think about that, 543 says they are to immediately take you to a magistrate.
[24:53.380 --> 24:59.440]  They are arresting you based upon a transportation code offense, therefore they are bound by
[24:59.440 --> 25:06.560]  the procedure of the transportation code, not the code of criminal procedure.
[25:06.560 --> 25:12.080]  The transportation code says to take you immediately to a magistrate.
[25:12.080 --> 25:19.200]  1406 says to take you as soon as possible without unnecessary delay, but no more than
[25:19.200 --> 25:22.520]  48 hours.
[25:22.520 --> 25:28.380]  So what they're doing is they're switching from 543 to 1406 as a matter of convenience
[25:28.380 --> 25:36.140]  to the officer and to the magistrate, which flies in the face of the violation.
[25:36.140 --> 25:43.200]  But now the problem this raises, if the Class C misdemeanor under 1406 has to do with offenses
[25:43.200 --> 25:49.160]  issued under charges over which there is jurisdiction in 1406 and the transportation code is not
[25:49.160 --> 25:54.760]  there, then the procedures of 1406 don't apply.
[25:54.760 --> 25:59.880]  And since you are being arrested without a warrant, you would presume the procedures
[25:59.880 --> 26:03.920]  of 1406 would have to apply.
[26:03.920 --> 26:06.480]  And here's the problem.
[26:06.480 --> 26:11.640]  Texas administrative code specifically states that any offense under the jurisdiction of
[26:11.640 --> 26:16.000]  the Department of Transportation or under the jurisdiction of the Department of Public
[26:16.000 --> 26:30.280]  Safety except for those specifically omitted in 521, 522, 548, or 524 and 724 are part
[26:30.280 --> 26:35.760]  of the Administrative Procedures Act and they must be reviewed under the rules of the Administrative
[26:35.760 --> 26:37.920]  Procedures Act.
[26:37.920 --> 26:41.000]  Now this is where I say the black hole part comes in.
[26:41.000 --> 26:49.800]  1406 and 1517 cannot apply because this is an administrative proceeding and these have
[26:49.800 --> 26:53.400]  to do with criminal procedure.
[26:53.400 --> 27:01.240]  The code is very clear that this is an administrative alleged offense.
[27:01.240 --> 27:06.840]  So the code of criminal procedure would not apply.
[27:06.840 --> 27:12.160]  Now since this is an administrative offense under the Texas administrative code, where
[27:12.160 --> 27:20.920]  is the authority to arrest with or without a warrant for an administrative process or
[27:20.920 --> 27:25.920]  an alleged violation of an administrative process?
[27:25.920 --> 27:31.360]  Where do they get the authority to arrest the people of Texas under an administrative
[27:31.360 --> 27:33.120]  rule?
[27:33.120 --> 27:42.760]  And where is the authority to apply to the people of Texas an administrative rule?
[27:42.760 --> 27:49.120]  Now if there's any lawyers out there listening, I would love to hear your input on this because
[27:49.120 --> 27:52.520]  to me this can't happen.
[27:52.520 --> 27:54.360]  There's no way this should be allowed.
[27:54.360 --> 27:57.280]  There's no way it should have gone on as long as it has.
[27:57.280 --> 28:00.880]  And I hold each and every one of you out there accountable for being too ignorant to know
[28:00.880 --> 28:05.080]  your duty and do your job.
[28:05.080 --> 28:10.200]  Because it's very clear that an administrative offense has no application under the code
[28:10.200 --> 28:12.240]  of criminal procedure.
[28:12.240 --> 28:18.120]  And I say it's a legal black hole because now we've authorized the arrest for an administrative
[28:18.120 --> 28:25.640]  act of a citizen to whom an administrative rule cannot possibly apply and yet they're
[28:25.640 --> 28:34.960]  hauled before a judicial body to answer for a crime that doesn't exist.
[28:34.960 --> 28:40.160]  And you're going to think this is not a judicial black hole.
[28:40.160 --> 28:47.160]  This people is how they have managed to suck money out of us for as long as they have.
[28:47.160 --> 28:51.920]  By blatant lies, deception, and brute force.
[28:51.920 --> 28:55.360]  It's got nothing to do with law.
[28:55.360 --> 29:00.640]  The rule of law when it comes to traffic tickets is dead and gone.
[29:00.640 --> 29:02.400]  They railroad you through the court.
[29:02.400 --> 29:03.920]  You're not allowed discovery.
[29:03.920 --> 29:12.120]  You're not allowed any of the normal process allotted for a criminal case.
[29:12.120 --> 29:17.520]  Tell me any criminal attorney in Texas that would agree to take his client to trial when
[29:17.520 --> 29:24.440]  he was denied discovery, denied introduction of evidence, denied the ability to take depositions,
[29:24.440 --> 29:28.720]  denied the ability to submit interrogatories and request for admissions.
[29:28.720 --> 29:36.480]  Tell me any criminal attorney in Texas worth a hill of beans that would let that happen.
[29:36.480 --> 29:46.640]  Wow, well, we need to make them let it happen.
[29:46.640 --> 29:47.640]  Right Eddie?
[29:47.640 --> 29:48.640]  Yes ma'am.
[29:48.640 --> 29:49.640]  We sure do.
[29:49.640 --> 29:50.640]  Okay.
[29:50.640 --> 29:51.640]  We got Dale from Illinois.
[29:51.640 --> 29:52.640]  Do you want to take calls on the other side?
[29:52.640 --> 29:53.640]  Yep.
[29:53.640 --> 29:54.640]  We can take calls.
[29:54.640 --> 29:55.640]  Okay.
[29:55.640 --> 29:56.640]  Callers 512-646-1984.
[29:56.640 --> 30:05.240]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[30:05.240 --> 30:09.160]  Stop debt collectors now with the Michael Mears Proven Method.
[30:09.160 --> 30:13.480]  Michael Mears has won six cases in federal court against debt collectors and now you
[30:13.480 --> 30:14.800]  can win too.
[30:14.800 --> 30:19.400]  You'll get step-by-step instructions in plain English on how to win in court using federal
[30:19.400 --> 30:25.080]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[30:25.080 --> 30:29.720]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[30:29.720 --> 30:33.920]  financial tables on them and make them pay you to go away.
[30:33.920 --> 30:38.720]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
[30:38.720 --> 30:41.200]  Personal consultation is available as well.
[30:41.200 --> 30:46.720]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[30:46.720 --> 30:49.720]  or email michaelmears at yahoo.com.
[30:49.720 --> 30:58.720]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[30:58.720 --> 31:05.720]  collectors now.
[31:28.720 --> 31:55.720]  All right, citizens arrest, we have a warrant for these rogues.
[31:55.720 --> 32:04.720]  It's about time, and we are going now to Russell in Texas.
[32:04.720 --> 32:06.720]  Hello, Russell?
[32:06.720 --> 32:08.720]  Hey, what's up?
[32:08.720 --> 32:09.720]  Not much.
[32:09.720 --> 32:10.720]  How you doing?
[32:10.720 --> 32:11.720]  Pretty good.
[32:11.720 --> 32:18.720]  Something you've got to realize, when the Supreme Court ruled on that Rothgarry v. Gillespie
[32:18.720 --> 32:25.720]  County, Texas, that basically summarily made parts of 1517 unconstitutional.
[32:25.720 --> 32:31.720]  Oh, I agree, but so is the entire procedure they're using for traffic to begin with.
[32:31.720 --> 32:39.720]  Right, but this crap of them asking you or telling you you can ask for an attorney and
[32:39.720 --> 32:44.720]  all that stuff, according to the Supreme Court's ruling, they have to give you an attorney.
[32:44.720 --> 32:46.720]  Yeah, that's what they're supposed to do.
[32:46.720 --> 32:49.720]  That's what they're supposed to do.
[32:49.720 --> 32:54.720]  There should be a defender standing there already before you even arrive.
[32:54.720 --> 32:56.720]  That's right.
[32:56.720 --> 33:01.720]  So those parts of 1517, when it comes to that stuff, should be basically unconstitutional
[33:01.720 --> 33:05.720]  based on Supreme Court's already ruling that way.
[33:05.720 --> 33:07.720]  Yeah.
[33:07.720 --> 33:09.720]  So that's basically all ahead.
[33:09.720 --> 33:10.720]  All right.
[33:10.720 --> 33:13.720]  Thanks so much for the input.
[33:13.720 --> 33:19.720]  Okay, anybody else ever?
[33:19.720 --> 33:21.720]  Okay, I'm going to take that as a no.
[33:21.720 --> 33:24.720]  All right, let me read you something here real quick.
[33:24.720 --> 33:29.720]  Texas Administrative Code, Title 37, Public Safety and Corrections, Part 1,
[33:29.720 --> 33:36.720]  Texas Department of Public Safety, Chapter 29, Practice and Procedure, Rule 29.1,
[33:36.720 --> 33:41.720]  Definitions, the following words and terms when used in this chapter shall have the following
[33:41.720 --> 33:45.720]  meanings unless the context clearly indicates otherwise.
[33:45.720 --> 33:50.720]  Definition 1, APT refers to the Administrative Procedures Act,
[33:50.720 --> 33:55.720]  Texas Government Code, Section 2001.001 at secular.
[33:55.720 --> 34:02.720]  Number 2, contested case refers to a contested case as defined by APT.
[34:02.720 --> 34:07.720]  Number 3, department refers to the Department of Public Safety.
[34:07.720 --> 34:14.720]  So all the way down to number 12, SOAH refers to the State Office of Administrative Hearings.
[34:14.720 --> 34:18.720]  Now we go to Rule 29.2, scope.
[34:18.720 --> 34:24.720]  These rules shall govern the procedure for the institution conduct and determination of all
[34:24.720 --> 34:31.720]  contested cases arising under the department's jurisdiction with the exception of cases arising
[34:31.720 --> 34:39.720]  under Texas Transportation Code Chapters 521, 522, 524, and 724.
[34:39.720 --> 34:45.720]  These rules, however, do not apply to contested cases brought under the Ignition Interlock Program,
[34:45.720 --> 34:54.720]  Texas Transportation Code 521.247, 521.2475, and 521.2476.
[34:54.720 --> 34:59.720]  These rules do not apply to internal personnel matters of the department.
[34:59.720 --> 35:01.720]  So there you have it, folks.
[35:01.720 --> 35:06.720]  Except for the driver's license, the commercial driver's license,
[35:06.720 --> 35:14.720]  and the Ignition Interlock Program, and the specific sections of 524 and 724 inclusive,
[35:14.720 --> 35:19.720]  all other contested cases arise under administrative hearing jurisdiction.
[35:19.720 --> 35:21.720]  This would include speeding.
[35:21.720 --> 35:23.720]  This would include registration.
[35:23.720 --> 35:25.720]  This would include inspection.
[35:25.720 --> 35:29.720]  This would include insurance.
[35:29.720 --> 35:35.720]  All of those things fall under the jurisdiction of the State Office of Administrative Hearings,
[35:35.720 --> 35:39.720]  according to this right here.
[35:39.720 --> 35:46.720]  So the state unilaterally fails to exhaust administrative remedies
[35:46.720 --> 35:51.720]  before taking you into a judicial forum in the court.
[35:51.720 --> 35:56.720]  They take you into a judicial forum as if they had jurisdiction to do so,
[35:56.720 --> 36:01.720]  when in fact the law makes it very clear they do not.
[36:01.720 --> 36:05.720]  Now, what are we going to do about it?
[36:05.720 --> 36:08.720]  Well, I said it before, I'll say it again.
[36:08.720 --> 36:13.720]  Any right you're not willing to fight to protect is a right you don't have.
[36:13.720 --> 36:17.720]  So what we do about it is up to each and every one of us.
[36:17.720 --> 36:22.720]  We can sit back and let them continue to get away with it and siphon money out of our pockets
[36:22.720 --> 36:28.720]  with this type of thing, or we can get the courage, the muster, the fortitude,
[36:28.720 --> 36:33.720]  whatever you want to call it, and fight back.
[36:33.720 --> 36:35.720]  But it's not going to do it by itself.
[36:35.720 --> 36:41.720]  It's something we have to be willing to put ourselves to the forefront and do.
[36:41.720 --> 36:43.720]  These problems are not going to go away, people.
[36:43.720 --> 36:44.720]  They're just going to get bigger.
[36:44.720 --> 36:47.720]  They're going to get more expensive. They're going to get more burdensome.
[36:47.720 --> 36:54.720]  They're going to get more onerous, no matter what we do, unless we do something.
[36:54.720 --> 37:02.720]  So if you haven't gotten the seminar material on the Texas traffic laws, please get it,
[37:02.720 --> 37:08.720]  because I go through great effort and detail to explain all of this stuff in there,
[37:08.720 --> 37:11.720]  to show you where they are committing a crime,
[37:11.720 --> 37:17.720]  to show you where they are misapplying the law.
[37:17.720 --> 37:21.720]  And I've even had a couple of people say that it at least gave them enough information
[37:21.720 --> 37:25.720]  to start researching their own state codes, and they found some good stuff with it,
[37:25.720 --> 37:31.720]  because it gave them a direction to go in they hadn't thought of.
[37:31.720 --> 37:36.720]  So it's not useless even if you're not in Texas.
[37:36.720 --> 37:42.720]  But the point is, knowledge is all that's going to make you powerful in this instance,
[37:42.720 --> 37:48.720]  and a lack of it is going to get you hurt, not to mention broke.
[37:48.720 --> 37:54.720]  So if anybody out there has any comments, questions, interrogatories, please feel free to call in.
[37:54.720 --> 37:57.720]  Debra, what's our number?
[37:57.720 --> 38:02.720]  The number is 512-646-1984.
[38:02.720 --> 38:05.720]  All right. So what do you think, Ms. Debra?
[38:05.720 --> 38:09.720]  Well, what I think is today is February 1st,
[38:09.720 --> 38:17.720]  which people in Travis County know well familiar with, is the day of property taxes being due.
[38:17.720 --> 38:23.720]  And so I have a big problem with that, and I just want to talk about that a little bit,
[38:23.720 --> 38:31.720]  because I have some very fundamental basic principle ideological issues with property taxes.
[38:31.720 --> 38:37.720]  Number one, I don't agree with paying rent to the government for something that's supposed to be ours anyway,
[38:37.720 --> 38:40.720]  for our own home, our own property.
[38:40.720 --> 38:48.720]  And Jerry and I were discussing over the weekend this whole issue of what the services are
[38:48.720 --> 38:55.720]  that they're billing you for on these taxes and what their justification is.
[38:55.720 --> 39:03.720]  And, you know, it's always some type of collectivist argument that there are services that are necessary
[39:03.720 --> 39:10.720]  for the common good, okay, that have to be paid for, and so this is a means to pay for them.
[39:10.720 --> 39:15.720]  And so we started considering, well, just what are all these services anyway?
[39:15.720 --> 39:20.720]  And we knew that, you know, of course, the primary one is the AISD, the school districts.
[39:20.720 --> 39:26.720]  And so we started thinking, well, if anyone was going to buy into the collectivist argument anyway,
[39:26.720 --> 39:32.720]  what would be proper services to put on a property tax bill?
[39:32.720 --> 39:40.720]  Well, it seems like it would be services related to the property, all right, i.e. water, sewer,
[39:40.720 --> 39:46.720]  maybe electricity, Internet or whatever, services for the common good.
[39:46.720 --> 39:52.720]  And certainly let's at least, you know, say water and sewer because, you know, it's pretty obvious
[39:52.720 --> 39:59.720]  and it's usually part of deed restrictions or city ordinances that if there's going to be a layout
[39:59.720 --> 40:06.720]  of properties, lots, that are very close together, a densified area, you know, like say a builder
[40:06.720 --> 40:12.720]  buys 100 acres of land or 20 acres of land or whatever and then subdivides up all into little lots
[40:12.720 --> 40:19.720]  of houses or whatever that there's going to be deed restrictions that the builder is going to set forth
[40:19.720 --> 40:27.720]  not to allow people who buy these properties to put their own septic tanks in and dig their own wells
[40:27.720 --> 40:35.720]  because this is how the early settlers died in this coming to this country.
[40:35.720 --> 40:44.720]  Whole towns, whole towns gone, thousands of people just dead because they were human refusing
[40:44.720 --> 40:46.720]  into the water that they would drink.
[40:46.720 --> 40:52.720]  And so it's for obvious reasons there has to be a sewer system and you have to be part of the sewer system.
[40:52.720 --> 40:58.720]  We can't let people build out houses and septic tanks over the water that we are drinking.
[40:58.720 --> 41:00.720]  We just can't let that happen.
[41:00.720 --> 41:01.720]  So that's reasonable.
[41:01.720 --> 41:05.720]  Why aren't those services part of the property tax bill?
[41:05.720 --> 41:10.720]  No, those are services you have to pay for and contract with separately.
[41:10.720 --> 41:12.720]  All right, so I'm not in agreement with that.
[41:12.720 --> 41:14.720]  It's a moot point.
[41:14.720 --> 41:16.720]  It's an incorrect argument.
[41:16.720 --> 41:21.720]  What they do put on the services they do put on here, however, mainly are to pay for the government's
[41:21.720 --> 41:23.720]  full system, all right?
[41:23.720 --> 41:27.720]  And I am not in agreement with that because number one, I don't have any kids.
[41:27.720 --> 41:28.720]  I don't want to pay for that.
[41:28.720 --> 41:34.720]  And the collectivists say, well, but we have to pay for the children's education because otherwise
[41:34.720 --> 41:40.720]  society will degrade and it's eventually in your best interest because if they're not educated,
[41:40.720 --> 41:43.720]  well, then they won't be able to get jobs and then they'll come break in your house and rob you.
[41:43.720 --> 41:46.720]  So you should want to pay for that.
[41:46.720 --> 41:53.720]  Oh, so now they use a fear factor to try to coerce us into believing that this whole thing is okay.
[41:53.720 --> 42:00.720]  And I'm not in agreement with it because it's total complete government indoctrination for tyranny
[42:00.720 --> 42:08.720]  and to teach the kids to spy on the parents and take the vaccinations and all these kinds of things.
[42:08.720 --> 42:14.720]  And so I don't agree that that is a proper service to be requiring us to pay at the point of a gun,
[42:14.720 --> 42:20.720]  otherwise they'll take our property from us to indoctrinate the youth.
[42:20.720 --> 42:25.720]  I mean, at least come with a good collectivist argument, people, if you're going to use that one.
[42:25.720 --> 42:28.720]  So anyway, I'm pretty mad.
[42:28.720 --> 42:33.720]  I got to say I am really mad about the property taxes because I am not in agreement anymore
[42:33.720 --> 42:40.720]  with paying thousands of dollars to support this government fool system that is indoctrinating the youth
[42:40.720 --> 42:48.720]  with this government propaganda and tyranny to teach the children to be slaves and the spy state,
[42:48.720 --> 42:54.720]  the snitches and everything and spy and tell on the parents and the whole nine yards.
[42:54.720 --> 43:02.720]  And so I've got to find a way to stop this because I do not want to financially support this enterprise
[43:02.720 --> 43:07.720]  anymore of the government fool system while they're holding basically guns in my head
[43:07.720 --> 43:14.720]  at the point of my, you know, barrel of a gun that they're going to take my land if I don't pay
[43:14.720 --> 43:19.720]  for terrorizing the children in the schools.
[43:19.720 --> 43:25.720]  Which is exactly why we should be getting Deborah Medina in on that point alone.
[43:25.720 --> 43:27.720]  So I have a big problem with that.
[43:27.720 --> 43:31.720]  And Eddie, at one point you were saying that you had seen something in the property tax code
[43:31.720 --> 43:40.720]  that said or somewhere in the law that unless it's a foreign commercial entity that owns property
[43:40.720 --> 43:45.720]  in this state that you're not subject to the property tax code anyway.
[43:45.720 --> 43:49.720]  And so maybe too late to do anything about it this year.
[43:49.720 --> 43:52.720]  I'm probably just going to have to come up with a money or end up getting a lien,
[43:52.720 --> 43:55.720]  but I want to try to do something about it next year.
[43:55.720 --> 43:59.720]  So let's talk about that on the other side.
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[45:12.720 --> 45:16.720]  Okay, I am on a tirade about property taxes right now
[45:16.720 --> 45:23.720]  because I am not in agreement anymore with continuing to borrow money from the banksters
[45:23.720 --> 45:29.720]  to pay taxes to the tyrannical government that I don't owe anyway
[45:29.720 --> 45:32.720]  and they keep pushing us into a corner further and further every year
[45:32.720 --> 45:39.720]  until eventually, you know, people, that is a recipe for the loss of all private property and freedom.
[45:39.720 --> 45:43.720]  It's economic terrorism where they push people, the middle class,
[45:43.720 --> 45:52.720]  into a situation of such economic pressure that every year people have to borrow more to pay taxes more
[45:52.720 --> 45:59.720]  and people end up taking it out of the line of credit, you know, or, you know, on the equity of their home.
[45:59.720 --> 46:02.720]  And every year it gets more and more and more.
[46:02.720 --> 46:06.720]  This is how they're going to force us into losing everything.
[46:06.720 --> 46:07.720]  We'll lose everything.
[46:07.720 --> 46:08.720]  They'll totally win.
[46:08.720 --> 46:09.720]  They'll rob us of everything.
[46:09.720 --> 46:13.720]  And so we can't keep borrowing money from the banksters to pay the taxes.
[46:13.720 --> 46:15.720]  I can't take it anymore, Eddie.
[46:15.720 --> 46:16.720]  I just can't take it.
[46:16.720 --> 46:17.720]  We've got to do something about it.
[46:17.720 --> 46:24.720]  Now, Eddie, you were saying something on the break about any other kind of bill.
[46:24.720 --> 46:28.720]  You get to demand an itemization of everything.
[46:28.720 --> 46:31.720]  So talk about that.
[46:31.720 --> 46:35.720]  Yeah, I mean, basically you're telling me that I owe you a bill for something,
[46:35.720 --> 46:38.720]  whether it be property taxes or anything else, then I say fine.
[46:38.720 --> 46:39.720]  Prove the debt.
[46:39.720 --> 46:41.720]  Itemize me a bill.
[46:41.720 --> 46:44.720]  Show me how I accrued this debt to you.
[46:44.720 --> 46:46.720]  Show me the bill.
[46:46.720 --> 46:49.720]  I want to see the items you're saying that I'm having to pay for
[46:49.720 --> 46:53.720]  and how I became liable and responsible for them.
[46:53.720 --> 46:59.720]  I mean, you don't walk by some muffler shop and the guy walks out and hands you a bill for somebody else's car
[46:59.720 --> 47:03.720]  and just says, hey, I just finished putting a brand-new muffler, a set of tires on this car.
[47:03.720 --> 47:04.720]  I need you to come in and pay for it.
[47:04.720 --> 47:05.720]  Right.
[47:05.720 --> 47:06.720]  Well, I'll tell you what.
[47:06.720 --> 47:10.720]  I mean, the bill is somewhat itemized, but it's not that itemized.
[47:10.720 --> 47:15.720]  It's like, you know, you'll have usually about 80% of it is AISD, you know?
[47:15.720 --> 47:16.720]  All right.
[47:16.720 --> 47:22.720]  Say it's like $8,000 for AISD, and then there'll be like $2,000 for the hospital district or whatever,
[47:22.720 --> 47:24.720]  and like $100 for ACC.
[47:24.720 --> 47:26.720]  Okay, give me a break.
[47:26.720 --> 47:27.720]  All right.
[47:27.720 --> 47:32.720]  Well, let me put you guys on a location here to do some study.
[47:32.720 --> 47:39.720]  There's a website, and it is from the University of Texas, okay, at Austin.
[47:39.720 --> 47:58.720]  It's the Tarleton Law Library online, t-a-r-l-t-o-n.law.utexas.edu, forward slash constitutions, forward slash constitutions.html.
[47:58.720 --> 48:05.720]  That web address contains every iteration of the Texas Constitution since 1824.
[48:05.720 --> 48:12.720]  What I would really like for people to go there and look at is the 1836 Declaration of Independence
[48:12.720 --> 48:17.720]  and the Constitution of the Republic of Texas of 1836.
[48:17.720 --> 48:24.720]  Now, here is the dirty little secret the state government does not want you to know,
[48:24.720 --> 48:33.720]  and that is that the 1836 Constitution is still valid law, and here's why it has to be.
[48:33.720 --> 48:40.720]  When the Republic of Texas was formed as a free nation in 1836, okay,
[48:40.720 --> 48:55.720]  the people of Texas agreed and decided that this would be their basis of law in order to form what was to be known as the Republic of Texas.
[48:55.720 --> 49:09.720]  Now, in order to do away with that Constitution, to dissolve it, what is the other thing that must be dissolved along with it?
[49:09.720 --> 49:12.720]  Anybody care to take a guess?
[49:12.720 --> 49:19.720]  If you're thinking to yourself the Republic, pat yourself on the back because you're absolutely right.
[49:19.720 --> 49:28.720]  In order for that Constitution to have been dissolved and done away with in its entirety, the entire Republic of Texas had to be dissolved.
[49:28.720 --> 49:41.720]  That's the only way a Constitution can be removed is to dissolve the union that was created by it, thus dissolving the Constitution.
[49:41.720 --> 49:53.720]  Now, since that has never happened, we've now gone through an 1845 revision where we allegedly joined the United States,
[49:53.720 --> 50:01.720]  which I've seen treaties that say and legislative acts of the United States Congress saying that we never did.
[50:01.720 --> 50:09.720]  I've actually seen scans of the documents, but even if we did join the U.S.,
[50:09.720 --> 50:19.720]  the 1836 Constitution is still the basis of any successive Constitutional amendments that had to follow,
[50:19.720 --> 50:23.720]  and the Constitution could only have been changed through amendment,
[50:23.720 --> 50:30.720]  but it could not be violative of the original proclamations made in 1836.
[50:30.720 --> 50:36.720]  And here's my reason for saying that, and I hope there's a law professor out there listening somewhere tonight
[50:36.720 --> 50:44.720]  because I've seen these left-wing psychos think that they can analyze this stuff to death and avoid common sense in the process.
[50:44.720 --> 50:51.720]  But let's think about this for a minute. The people decided to form a republic.
[50:51.720 --> 50:56.720]  They were in agreement over how to form the republic.
[50:56.720 --> 51:06.720]  Now, I'm pretty sure that they didn't do it with a 51% vote or a 50.01% of the vote.
[51:06.720 --> 51:17.720]  They set it up where it took this much of the population in agreement before this republic could be established under this Constitution.
[51:17.720 --> 51:25.720]  Now, through the time that that Constitution existed, until the time the first Constitutional amendment comes out,
[51:25.720 --> 51:30.720]  for the sake of argument, let's just say any time after that,
[51:30.720 --> 51:38.720]  if a group of people wants a Constitutional amendment and another group of people under the same Constitution
[51:38.720 --> 51:46.720]  do not want the Constitutional amendment, by what authority does the group that does the wanting
[51:46.720 --> 51:54.720]  have the power to alter the Constitution that created the rights of the people to begin with to say no?
[51:54.720 --> 52:00.720]  I mean, we all joined the republic under this Constitution because this was the rules we agreed to play by.
[52:00.720 --> 52:07.720]  By what authority does another group of people have to come along and take away the basis of our Constitution
[52:07.720 --> 52:12.720]  and replace it with something else that is detrimental to us as a people,
[52:12.720 --> 52:18.720]  especially one of the people that's in complete disagreement with doing it in the first place?
[52:18.720 --> 52:25.720]  That's the exact same scenario as we talked about before when it comes to does your neighbor have the right to tell you
[52:25.720 --> 52:27.720]  what you can and can't do with your property?
[52:27.720 --> 52:30.720]  No, they do not.
[52:30.720 --> 52:36.720]  It doesn't matter whether it's one neighbor or 20 neighbors banding together and casting a vote,
[52:36.720 --> 52:42.720]  they do not have the right or the power to tell you what you can and cannot do with your own property,
[52:42.720 --> 52:48.720]  provided, of course, that you are not using your property in a way that causes harm to them.
[52:48.720 --> 52:52.720]  It's plain and simple, common sense fact.
[52:52.720 --> 52:56.720]  Well, yeah, and see, that's the point I was making about the water in the sewer,
[52:56.720 --> 53:01.720]  because you cannot tell other people what they can and cannot do with their property unless it's causing harm,
[53:01.720 --> 53:08.720]  and this is an argument of people in rural communities a lot that have set up, you know,
[53:08.720 --> 53:12.720]  that where there's neighborhoods but they're not in an annexed municipality,
[53:12.720 --> 53:18.720]  it's like it's still somewhat of a quasi-identified area, but there's still, but there's deed restrictions
[53:18.720 --> 53:24.720]  and can't let people destroy the water, you know?
[53:24.720 --> 53:28.720]  There has to be, we have to live in harmony with the earth and with each other.
[53:28.720 --> 53:29.720]  We can't kill each other.
[53:29.720 --> 53:36.720]  Well, that's true, but by the same token, you need to make sure that you research those deed restrictions carefully,
[53:36.720 --> 53:44.720]  because sometimes they're put there for the sole purpose of reserving a method of taking money out of your pocket at a later date,
[53:44.720 --> 53:49.720]  not because they're actually protecting anything except somebody else's profit motive.
[53:49.720 --> 53:51.720]  That's true.
[53:51.720 --> 53:59.720]  So never trust a for-profit anything, especially if it's a government, to do the right thing.
[53:59.720 --> 54:01.720]  Don't ever do that.
[54:01.720 --> 54:06.720]  That's just utter foolishness, because the moment you start messing with the profits,
[54:06.720 --> 54:09.720]  I guarantee you the rules are going to change,
[54:09.720 --> 54:16.720]  and so will the attitudes of those that were at one time or another expected to play by them.
[54:16.720 --> 54:27.720]  But that's why I say that if these people over here want to change my Constitution that I agreed to live under,
[54:27.720 --> 54:32.720]  what right do they have to change my portion of that contract?
[54:32.720 --> 54:34.720]  That's what a Constitution is.
[54:34.720 --> 54:46.720]  It is a contract with the people and their government over who can do what and how, and what they cannot do.
[54:46.720 --> 54:55.720]  And the cannot do part is always pointed at the government, not the people.
[54:55.720 --> 55:04.720]  So where does some other group or majority get the power to change my portion of that contract?
[55:04.720 --> 55:07.720]  I took the contract under these terms.
[55:07.720 --> 55:09.720]  I don't want the terms changed.
[55:09.720 --> 55:12.720]  I don't agree to the terms being changed.
[55:12.720 --> 55:18.720]  So where do you get the right to change them for me?
[55:18.720 --> 55:23.720]  That's basic contract law, folks.
[55:23.720 --> 55:27.720]  Only a party to the contract can change the terms of the contract.
[55:27.720 --> 55:31.720]  And if all the parties are not in agreement as to the changing of the terms,
[55:31.720 --> 55:39.720]  one party cannot overrule the other unless that term was already specifically written into the contract.
[55:39.720 --> 55:45.720]  And then both parties would have had to have agreed to it at the time it was put into the contract,
[55:45.720 --> 55:49.720]  or it wouldn't have been able to apply.
[55:49.720 --> 55:51.720]  That's right.
[55:51.720 --> 55:59.720]  So, I mean, that's just straight-up good old-fashioned, common-sense thinking about this.
[55:59.720 --> 56:03.720]  So, you know, I'd love to hear some comments on this out here.
[56:03.720 --> 56:04.720]  I really, really would.
[56:04.720 --> 56:05.720]  Well, we've got some callers on the line.
[56:05.720 --> 56:06.720]  You want to go to the calls, Eddie?
[56:06.720 --> 56:07.720]  Yes, ma'am.
[56:07.720 --> 56:08.720]  Let's do that.
[56:08.720 --> 56:09.720]  Okay.
[56:09.720 --> 56:11.720]  We've got Jason in Ohio.
[56:11.720 --> 56:13.720]  Jason, thanks for calling in.
[56:13.720 --> 56:14.720]  You want to comment on these issues?
[56:14.720 --> 56:17.720]  Do you have other question or comment?
[56:17.720 --> 56:19.720]  Well, a little bit of both, folks.
[56:19.720 --> 56:21.720]  Good evening, Deborah and Eddie.
[56:21.720 --> 56:22.720]  How are you guys?
[56:22.720 --> 56:23.720]  We're doing pretty good.
[56:23.720 --> 56:24.720]  Great.
[56:24.720 --> 56:25.720]  Good.
[56:25.720 --> 56:28.720]  And, Deborah, I've got to tell you, I really enjoy and get inspired,
[56:28.720 --> 56:31.720]  and I'm very passionate when you – what you call a rant.
[56:31.720 --> 56:32.720]  I don't call that a rant.
[56:32.720 --> 56:33.720]  I call it speaking truth.
[56:33.720 --> 56:34.720]  And you do a great job at it.
[56:34.720 --> 56:35.720]  Thank you.
[56:35.720 --> 56:36.720]  Thank you.
[56:36.720 --> 56:44.720]  I wanted – if I can derail it slightly, I wanted to get back onto the traffic issue, if that's okay, folks.
[56:44.720 --> 56:45.720]  Be my guest.
[56:45.720 --> 56:46.720]  Okay.
[56:46.720 --> 56:49.720]  I have a different angle for you, Eddie, and I'm wondering if you've heard it
[56:49.720 --> 56:52.720]  and if you've seen it play out and how it all works out.
[56:52.720 --> 56:56.720]  You're familiar with – most states have, and I know we do here in Ohio.
[56:56.720 --> 56:58.720]  There's a stop and identify statute.
[56:58.720 --> 56:59.720]  Yes.
[56:59.720 --> 57:01.720]  Do you use that in Texas?
[57:01.720 --> 57:04.720]  Well, not a stop and identify.
[57:04.720 --> 57:08.720]  They have to have a probable cause to stop you, but they've just changed the law where now,
[57:08.720 --> 57:15.720]  allegedly, the officer can just walk up to you at this point and demand that you identify yourself,
[57:15.720 --> 57:17.720]  even if you haven't done anything wrong.
[57:17.720 --> 57:20.720]  So we didn't have it, but we're about to.
[57:20.720 --> 57:22.720]  Yeah, we've had that here in Ohio for a little bit.
[57:22.720 --> 57:27.720]  And the Supreme Court has ruled on that already in a case called – one of the parties was Heibel,
[57:27.720 --> 57:29.720]  and I forget the other name.
[57:29.720 --> 57:34.720]  But the Supreme Court said essentially was that, yeah, you can have those statutes.
[57:34.720 --> 57:42.720]  However, in order to be in compliance with the Fifth Amendment, you don't have to identify yourself.
[57:42.720 --> 57:47.720]  If any part of the identification would subject you to criminal prosecution.
[57:47.720 --> 57:50.720]  So in other words, you know, if your name's Osama Bin Laden,
[57:50.720 --> 57:54.720]  you're not going to identify yourself or something of that nature.
[57:54.720 --> 58:02.720]  But my question is, trying to apply this to the traffic situation and right to travel, let's say you don't –
[58:02.720 --> 58:04.720]  I hear music there, guys.
[58:04.720 --> 58:07.720]  Yeah, we're going to break at the top of the hour.
[58:07.720 --> 58:08.720]  Is it okay if I hold over?
[58:08.720 --> 58:10.720]  Yeah, of course, of course.
[58:10.720 --> 58:15.720]  We also have Robert from Texas, Ken from Texas, Jim from Ohio.
[58:15.720 --> 58:18.720]  We'll be taking your calls on the other side.
[58:18.720 --> 58:25.720]  And I think the way it stands right now, Eddie, is that they can demand your ID
[58:25.720 --> 58:32.720]  if you have been either detained or arrested here in Texas.
[58:32.720 --> 58:35.720]  I haven't got to see the new language yet, but I'll find out.
[58:35.720 --> 58:38.720]  Yeah, this was passed – this was passed this past legislature.
[58:38.720 --> 58:43.720]  It was going to be worse, but a bunch of activists up there in the legislature
[58:43.720 --> 58:48.720]  did a lot of good to do the best they could to stop it.
[58:48.720 --> 58:52.720]  But yeah, as of now, this is still not a show-your-paper society.
[58:52.720 --> 58:54.720]  They can't just walk up to you and demand your ID.
[58:54.720 --> 59:20.720]  They have to at least detain you, and they cannot detain you without probable cause.
[59:20.720 --> 59:24.720]  That's right, folks. John Bush and I will be bringing you the latest news from the front lines
[59:24.720 --> 59:28.720]  and examining successful activist strategies from states across the union.
[59:28.720 --> 59:31.720]  Come along for the ride this January as we speak truth to power
[59:31.720 --> 59:37.720]  and embark on Operation D-Fuse, a multi-state tour and expose on the mechanics of the modern police state.
[59:37.720 --> 59:40.720]  Check out operationsdfuse.com for more information,
[59:40.720 --> 59:43.720]  and be sure to tune in all this week to hear from these great guests.
[59:43.720 --> 59:47.720]  Monday, January 4th, renowned author and Liberty defender T. Edward Griffin.
[59:47.720 --> 59:50.720]  Tuesday, January 6th, Mark Lerner of the Stop Real ID Coalition.
[59:50.720 --> 59:53.720]  And Friday, January 8th, Michael Holden of the Tenth Amendment Center.
[59:53.720 --> 59:57.720]  So tune in, folks, every Monday, Wednesday, and Friday morning from 7 to 10 a.m.
[59:57.720 --> 59:59.720]  And don't just wake up, rise up.
[59:59.720 --> 01:00:03.720]  This news brief brought to you by the International News Net.
[01:00:03.720 --> 01:00:09.720]  The Hamas government is gathering evidence that Israel harvested body parts from dead Palestinians.
[01:00:09.720 --> 01:00:14.720]  The move is intended for further legal claims against Tel Aviv in international courts.
[01:00:14.720 --> 01:00:19.720]  Organ theft made headlines when the Swedish newspaper Aftonbladet reported
[01:00:19.720 --> 01:00:24.720]  Israel had been stealing the organs of Palestinians killed by Israeli soldiers.
[01:00:24.720 --> 01:00:30.720]  In Pakistan Thursday, a convoy of trucks carrying supplies came under attack in Karachi,
[01:00:30.720 --> 01:00:32.720]  leaving three people wounded.
[01:00:32.720 --> 01:00:35.720]  The supplies were destined for NATO forces in Afghanistan.
[01:00:35.720 --> 01:00:38.720]  Militant attacks in Karachi are rare.
[01:00:38.720 --> 01:00:42.720]  Militants have repeatedly attacked supply lines in Pakistan's northwest,
[01:00:42.720 --> 01:00:46.720]  forcing NATO to establish new supply routes through Central Asia.
[01:00:46.720 --> 01:00:52.720]  In West Virginia, climate activists are blocking the demolition of Coal River Mountain by Massey Energy.
[01:00:52.720 --> 01:00:57.720]  Two members of the group Climate Ground Zero have been living in trees for more than a week
[01:00:57.720 --> 01:01:00.720]  to prevent bulldozers from reaching the summit.
[01:01:00.720 --> 01:01:03.720]  Massey employees have been blasting the activists with air horns.
[01:01:03.720 --> 01:01:10.720]  Massey CEO Don Blankenship is known to environmentalists as the scariest polluter in the U.S.
[01:01:10.720 --> 01:01:20.720]  Former U.K. Prime Minister Tony Blair was defiant Friday at the Iraq war inquiry,
[01:01:20.720 --> 01:01:25.720]  saying he made it clear he would join the U.S. in a war to topple Saddam Hussein,
[01:01:25.720 --> 01:01:28.720]  even if the U.S. failed to get U.N. backing.
[01:01:28.720 --> 01:01:34.720]  Blair said 9-11 convinced him he couldn't run the risk of allowing Saddam Hussein
[01:01:34.720 --> 01:01:37.720]  to use chemical, biological or nuclear missiles.
[01:01:37.720 --> 01:01:44.720]  Blair was branded a coward after sneaking into the inquiry two hours early to avoid protesters.
[01:01:44.720 --> 01:01:48.720]  He denied duping the nation over the justification for war,
[01:01:48.720 --> 01:01:53.720]  insisting this is not a lie or a conspiracy or a deceit or a deception.
[01:01:53.720 --> 01:01:55.720]  It was a decision I had to take.
[01:01:55.720 --> 01:01:59.720]  Blair arrived at the hearing, which had been described as his judgment day,
[01:01:59.720 --> 01:02:01.720]  through a cordoned-off rear entrance.
[01:02:01.720 --> 01:02:11.720]  Lindsay German of the Stop the War Coalition said sliding in by a back door is typical of his lies, deceit and evasion.
[01:02:11.720 --> 01:02:18.720]  Argentina has disclosed the secrets of the dirty war waged against the left by the country's military regime
[01:02:18.720 --> 01:02:24.720]  between 1976 and 1983, in which more than 30,000 people disappeared.
[01:02:24.720 --> 01:02:32.720]  The secret files of the Battalion 601, described as the brain that coordinated killings, kidnappings and other abuses,
[01:02:32.720 --> 01:02:38.720]  contains the identities of military and civilian personnel who played a role in the repression.
[01:02:38.720 --> 01:02:45.720]  The documents contain data on 3,900 civilians and 300 Army personnel who worked for the battalion.
[01:02:45.720 --> 01:02:49.720]  The battalion's civilian operatives included college professors,
[01:02:49.720 --> 01:02:57.720]  as well as porters and maintenance men used to collect information, infiltrate guerrilla groups and human rights organizations,
[01:02:57.720 --> 01:03:00.720]  many military and civilian veterans of the unit.
[01:03:00.720 --> 01:03:06.720]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com,
[01:03:06.720 --> 01:03:19.720]  live free speech talk radio at its best.
[01:03:36.720 --> 01:03:40.720]  Let me hear you sing!
[01:03:40.720 --> 01:03:47.720]  Neighbor, neighbor, get your dog out of my yard.
[01:03:47.720 --> 01:03:56.720]  Neighbor, neighbor, get your dog out of my yard.
[01:03:56.720 --> 01:04:00.720]  I tried to do these sleeping, these doggallin' barkin',
[01:04:00.720 --> 01:04:02.720]  these soppin' with their black since,
[01:04:02.720 --> 01:04:07.720]  I gave him some of my kit-kats, chocolate in, keep it
[01:04:07.720 --> 01:04:09.720]  How could I control him?
[01:04:09.720 --> 01:04:11.720]  Now I'm trying to back him
[01:04:11.720 --> 01:04:13.720]  Never come out arguing
[01:04:13.720 --> 01:04:15.720]  Tell me how did I miss him?
[01:04:15.720 --> 01:04:17.720]  Tell me never what's happening
[01:04:17.720 --> 01:04:19.720]  Six or one can't help other than
[01:04:19.720 --> 01:04:21.720]  Kick, kick, kick him, here I go
[01:04:21.720 --> 01:04:23.720]  It's a dark outside, yeah
[01:04:23.720 --> 01:04:25.720]  All with me, back out
[01:04:25.720 --> 01:04:27.720]  He's disturbing me
[01:04:27.720 --> 01:04:29.720]  He's killing me here, back out
[01:04:29.720 --> 01:04:32.720]  Kick, kick, kick him, here I go
[01:04:32.720 --> 01:04:34.720]  It's a dark outside, yeah
[01:04:34.720 --> 01:04:36.720]  All with me, back out
[01:04:36.720 --> 01:04:38.720]  He's disturbing me
[01:04:38.720 --> 01:04:40.720]  Kick, kick, kick him, here I go
[01:04:40.720 --> 01:04:42.720]  It's a dark outside, yeah
[01:04:42.720 --> 01:04:44.720]  All with me, back out
[01:04:44.720 --> 01:05:06.720]  Okay, we are back. We're speaking with Jason in Ohio. Okay, Jason, before we go back to you, I wanted to finish commenting on this failure to identify here in Texas. Used to be that it was a crime, failure to identify only if you failed to identify after being lawfully arrested.
[01:05:06.720 --> 01:05:25.720]  And now they have changed the statute as of this most recent legislative session to be, to say, lawfully arrested or detained. Okay, and it's really unclear what the difference is. I mean, if you are being restricted at your liberty, you are arrested.
[01:05:25.720 --> 01:05:34.720]  So in my book, A Detention and Arrest, it's all the same thing, but there's a lot of, you know, case law. And I don't think in this particular statute there's a clear definition.
[01:05:34.720 --> 01:05:58.720]  But what is clear is that there has to be probable cause for either one. They can't say, show me your ID, and if you refuse, then they arrest you and say that that's probable cause, that you're probably a criminal because, look, you look like you have something to hide because you won't give us your ID.
[01:05:58.720 --> 01:06:22.720]  No, no, that's not the way it works. It's backwards. It's only a crime. Failure to show ID is only a crime if you fail to show ID after you have been lawfully arrested or detained, which means that you have to be exhibiting some kind of behavior to where there would be probable cause to believe you are committing a crime.
[01:06:22.720 --> 01:06:44.720]  And then if they ask for your ID, you don't give it, okay? Refusing to give your ID just because they walk up and ask you for it is not probable cause, people. You know, I am really, really getting sick of it because this indoctrination system, it's like, well, if you've got nothing to hide, why don't you show your ID, you know?
[01:06:44.720 --> 01:06:57.720]  And I'm like, well, why do you need it? I don't have to give it. All right. So let's go back to Jason in Ohio.
[01:06:57.720 --> 01:06:58.720]  Okay.
[01:06:58.720 --> 01:06:59.720]  Go ahead, Jason.
[01:06:59.720 --> 01:07:11.720]  If I may, the way it works in Ohio is a little bit different. And the Supreme Court determined that there are two different types of arrest. There's a Terry stop where they do agree that it's arrest, but it's not custodial.
[01:07:11.720 --> 01:07:20.720]  Custodial means that you're in the person's custody or you're restrained in other ways than just simply know you may not leave.
[01:07:20.720 --> 01:07:30.720]  Anyway, the way it works in Ohio, stop and identify. You don't have to necessarily show ID. You just have to offer up your name and a couple other pieces of information.
[01:07:30.720 --> 01:07:38.720]  However, the Supreme Court has held, as I mentioned before, it's unconstitutional if that information would lead to a criminal prosecution.
[01:07:38.720 --> 01:08:05.720]  And what I'm thinking is in a case where you're traveling in your automobile and Ranger Rick comes up, puts on his lights and wants to have a chat with you, clearly, if you give him your name and he runs his leads and finds out, well, geez, there's no driver license under your name, that is information that you're giving him that would lead to a criminal prosecution.
[01:08:05.720 --> 01:08:06.720]  That's correct.
[01:08:06.720 --> 01:08:15.720]  And that's exactly why my first question is, can you use this information, or one of my questions is, can you use this information against me?
[01:08:15.720 --> 01:08:26.720]  Yep. Yep. And that supports it. But here's my thing. You don't need anybody's name or identity to prosecute them for a true crime.
[01:08:26.720 --> 01:08:40.720]  If I see you and witness you commit a murder or an assault, I can run you all the way through the court system and never know your name. However, they always use this little game with us. You can't prove a negative.
[01:08:40.720 --> 01:08:48.720]  I was thinking, why not use that with them? If you don't have my name, you can't prove whether I do or do not have a license.
[01:08:48.720 --> 01:08:50.720]  Do you follow that?
[01:08:50.720 --> 01:08:51.720]  Yeah.
[01:08:51.720 --> 01:09:09.720]  And I'm wondering if you've heard of anyone ever attempt that or if it's been adjudicated already, or even if the statute is a positive statute, in other words, you must show or you must do this, you know, if you're in an automobile or something like that.
[01:09:09.720 --> 01:09:23.720]  Well, basically, I just give them my name and my date of birth. And if they ask, then I'll give them an address. But I don't give them a single piece of documentation other than my traffic stop affidavit.
[01:09:23.720 --> 01:09:34.720]  Okay. What I'm wondering is if you step back from that and don't even give them the name, what happens then? It seems like it would turn into a Joe Edwards situation.
[01:09:34.720 --> 01:09:51.720]  Well, it's possible. It's very possible. It really depends upon the attitude of the officer there. Usually their attitude is always one of they're going to flex their muscle if you don't do what they tell you to do. That's the way it usually works.
[01:09:51.720 --> 01:10:09.720]  Now, the problem the Supreme Court would have with that decision about the Terry stop not being custodial is Texas law says exactly the opposite. Texas law says that when that officer, the only way the arresting officer can release the person arrested is if they will sign the notice to appear.
[01:10:09.720 --> 01:10:22.720]  So I don't care what any moron in a robe says, that's custodial. When I can't leave, I'm in custody. Anybody that's going to try to shave a hair that thin needs their fingers cut off.
[01:10:22.720 --> 01:10:40.720]  Yeah, and that's exactly what's got us into this mess that you guys were talking about earlier with all these laws that try to criminalize innocent behavior. They claim it under police power. It's this fine line. There's these two fine lines, police power and reasonable search and seizure or reasonableness.
[01:10:40.720 --> 01:11:02.720]  Well, you know what I've never seen in any Constitution I have ever read? The term police power. I've never seen that anywhere. Not only have I not seen that, but I have yet to come across a Constitution that allows the creation of a police force.
[01:11:02.720 --> 01:11:16.720]  The only thing I've seen is a law enforcement agency here in Texas called the sheriff, deputy sheriff and constable. There is no constitutional authority for any other type of law enforcement in our state. So where are they getting it?
[01:11:16.720 --> 01:11:25.720]  Now, Eddie, weren't you saying that like the municipal police? Are they or are they not authorized to enforce state law? Can they only enforce?
[01:11:25.720 --> 01:11:42.720]  It depends on who you ask. If you're going to base it on the fact that if they're enacted under the general powers of government, sure they can enforce state law. They just can't do it against the people. They can do it against the city employees, but they can't do it against us because their office is created under the general powers.
[01:11:42.720 --> 01:11:58.720]  Which Article 1, Section 29 specifically says everything in the Bill of Rights is accepted forever from the general powers of government. Otherwise they can only enforce city ordinances. They're a little more than a municipal rent-a-cop.
[01:11:58.720 --> 01:12:18.720]  Exactly. Now if the state law affects one of its political subdivisions, such as a municipal employee, then the cop can enforce that law, but he cannot enforce it against the people. Right. It's kind of like with executive orders at the federal level. It doesn't apply to we the people.
[01:12:18.720 --> 01:12:36.720]  Executive orders are only directed at employees of the executive branch. You know, the president can tell his employees what to do, but he can't just tell us what to do. He has to enforce law. See, that's the problem I have with all these signing statements.
[01:12:36.720 --> 01:12:55.720]  You know, everything has gotten completely turned around regarding the separation of branches of government. The executive branch is supposed to be the bottom rung on the ladder. They don't get to call any shots at all. They are there to execute law.
[01:12:55.720 --> 01:13:10.720]  And they have to execute the laws, all the laws that the legislature enacts. They don't get to choose. They don't get to choose which ones they want to execute and which ones they don't want to execute or enforce.
[01:13:10.720 --> 01:13:34.720]  They don't get to choose which ones they want to enforce and which ones they don't. And they don't get to make up new ones either. Okay? They have to enforce all the laws and they can't do anything else, period. They're the bottom rung on the ladder. The legislature is kind of in the middle and the courts are ultimately on top because they are the ones that interpret the law and determine whether the laws would be constitutional or not.
[01:13:34.720 --> 01:13:50.720]  But it's a very unique and wonderful balance because the courts can't litigate or legislate from the bench either. So it's actually a really good setup. And the juries can nullify the laws too.
[01:13:50.720 --> 01:14:06.720]  You know, but the problem is the executive branches run away and the banksters are controlling everything and the courts and Congress is just like neutered. And then they pull the wool over the jurist's eyes too.
[01:14:06.720 --> 01:14:10.720]  Well, you've got to assume they had something on them before they got neutered for that.
[01:14:10.720 --> 01:14:13.720]  Oh, well, I guess that's true.
[01:14:13.720 --> 01:14:15.720]  Okay, Jason, any more points? Any more comments?
[01:14:15.720 --> 01:14:20.720]  All our legislators are made by Mattel.
[01:14:20.720 --> 01:14:22.720]  Plastic and wind up.
[01:14:22.720 --> 01:14:33.720]  Yeah, no particular genre or gen or, you know, any of the other fixtures that divide the sexes, so to speak. They're just sort of there for the taking.
[01:14:33.720 --> 01:14:34.720]  Okay.
[01:14:34.720 --> 01:14:43.720]  I also wanted to know, Eddie, have you given an update recently and maybe I've just missed it on how you're proceeding through your case and is it Rockdale? Is that where it is?
[01:14:43.720 --> 01:14:45.720]  It got dismissed a long time ago.
[01:14:45.720 --> 01:14:46.720]  It did get dismissed?
[01:14:46.720 --> 01:14:47.720]  Yeah, like the same week.
[01:14:47.720 --> 01:14:50.720]  They sent me the dismissal less than a week later in the mail.
[01:14:50.720 --> 01:14:51.720]  And it's checked.
[01:14:51.720 --> 01:14:54.720]  Oh, outstanding. Well done, man.
[01:14:54.720 --> 01:14:55.720]  Well, thank you.
[01:14:55.720 --> 01:15:00.720]  Okay. Well, that's about all I had. Thanks for your time. I appreciate your show.
[01:15:00.720 --> 01:15:07.720]  Deborah, you know, don't let anybody get you down. You know, people calling you, that's extremely rude trying to harass you during your time.
[01:15:07.720 --> 01:15:14.720]  And I think you guys are more than patient and tolerant and you do a fabulous job.
[01:15:14.720 --> 01:15:19.720]  So don't get discouraged. We appreciate it. And don't go anywhere. Stay right where you're at.
[01:15:19.720 --> 01:15:21.720]  I'm not going anywhere. Thanks, Jason.
[01:15:21.720 --> 01:15:23.720]  All right. Thanks, guys. Good night.
[01:15:23.720 --> 01:15:28.720]  Okay. We're going now to Roberts in Texas.
[01:15:28.720 --> 01:15:29.720]  Hello.
[01:15:29.720 --> 01:15:31.720]  Hey, Robert, what's on your mind?
[01:15:31.720 --> 01:15:36.720]  Well, first of all, I really do appreciate you all and there's a lot more people that should.
[01:15:36.720 --> 01:15:40.720]  I don't know why these phone lines aren't loaded up.
[01:15:40.720 --> 01:15:42.720]  Well, they're getting pretty loaded up.
[01:15:42.720 --> 01:15:46.720]  I'm serious. I mean, you all have a lot of good information. I've been in this about a long, long time.
[01:15:46.720 --> 01:15:49.720]  It's very rare that something like this comes along.
[01:15:49.720 --> 01:15:50.720]  Oh, thank you.
[01:15:50.720 --> 01:15:55.720]  I've listened to you all since you've been started, since you started about, what, two, three years maybe?
[01:15:55.720 --> 01:15:59.720]  We're almost coming up on our three-year anniversary. We started in April of 07.
[01:15:59.720 --> 01:16:01.720]  Which one? What year?
[01:16:01.720 --> 01:16:02.720]  07.
[01:16:02.720 --> 01:16:09.720]  I see. Well, anyway, Eddie, you really have some good information there.
[01:16:09.720 --> 01:16:19.720]  This isn't on traffic, however, and I want to talk about a little scenario that's akin to what I have in my hand here.
[01:16:19.720 --> 01:16:35.720]  It's a 1099C, but let's say that you charge something with a furniture company and say like $1,500 and you didn't pay for all of it.
[01:16:35.720 --> 01:16:45.720]  You owed like maybe $500 and they would come to you and make a deal with you and then send you a 1099 for the difference.
[01:16:45.720 --> 01:16:47.720]  You ever seen that happen before?
[01:16:47.720 --> 01:16:49.720]  No, I can't say that I have.
[01:16:49.720 --> 01:16:52.720]  Okay, listen, hold on to the line. We're going to break, okay?
[01:16:52.720 --> 01:16:53.720]  Right.
[01:16:53.720 --> 01:16:54.720]  All right, we'll be right back.
[01:16:54.720 --> 01:16:58.720]  Yeah.
[01:16:58.720 --> 01:16:59.720]  Okay.
[01:16:59.720 --> 01:17:05.720]  Hello, Austin. My name is Harlan Dietrich, owner of Brave New Books, a local independent bookstore here in town.
[01:17:05.720 --> 01:17:09.720]  Many of you are familiar with the bookstore and have attended some of our events.
[01:17:09.720 --> 01:17:18.720]  We've been proud to host speakers like Alex Jones, Ron Paul, Jim Mars, Catherine Albert, Webster Carpley, G. Edward Griffin, and many other heroic figures in the Patriot Movement.
[01:17:18.720 --> 01:17:20.720]  But now Brave New Books needs your help.
[01:17:20.720 --> 01:17:29.720]  In order to continue to provide a space for these events and be an outlet for hard-to-find materials, we're going to need you, Austin, to help spread the word about the bookstore.
[01:17:29.720 --> 01:17:33.720]  Please tell your friends and family about the wide variety of materials we offer.
[01:17:33.720 --> 01:17:37.720]  We also have DVD duplication capabilities for all you activists.
[01:17:37.720 --> 01:17:41.720]  Also, if you haven't visited us yet, please come down and show your support.
[01:17:41.720 --> 01:17:46.720]  It is so easy to support the big corporate chain stores that do nothing to further our message.
[01:17:46.720 --> 01:17:48.720]  Remember, you vote with your dollars.
[01:17:48.720 --> 01:17:49.720]  We're counting on you, Austin.
[01:17:49.720 --> 01:17:56.720]  If you need any information, please call 512-480-2503 or visit us at 1904 Guadalupe Street.
[01:17:56.720 --> 01:18:21.720]  Thank you everyone.
[01:18:21.720 --> 01:18:25.720]  I ain't going to fool us anymore with these same old tricks.
[01:18:25.720 --> 01:18:30.720]  Eddie and I were just talking about some tricksterisms on the break that we'll discuss in a moment.
[01:18:30.720 --> 01:18:32.720]  Right now, we're with Robert in Texas.
[01:18:32.720 --> 01:18:34.720]  Okay, go ahead, Robert.
[01:18:34.720 --> 01:18:47.720]  Anyway, what I'm getting at here, it looks like that when there's a debt, the original note was on the books, but when they go and discount it, there's a difference there.
[01:18:47.720 --> 01:18:53.720]  And that difference is in the 1099 they give to the person that originally signed the note.
[01:18:53.720 --> 01:18:55.720]  You see what I mean?
[01:18:55.720 --> 01:18:57.720]  Anyway, that happened to my neighbor across the street.
[01:18:57.720 --> 01:19:05.720]  And I went to visit a doctor friend of mine today, a health practitioner, and he's basically in the halfway house.
[01:19:05.720 --> 01:19:16.720]  They had convicted him a few years ago of filing, not filing these taxes.
[01:19:16.720 --> 01:19:30.720]  Anyway, he had a quite expensive house, and while he was in prison, they sold his house cheaper than what he would appraise for, quite a bit.
[01:19:30.720 --> 01:19:32.720]  Wait, who is they?
[01:19:32.720 --> 01:19:33.720]  I'm not sure yet.
[01:19:33.720 --> 01:19:36.720]  And how did they sell his house?
[01:19:36.720 --> 01:19:41.720]  Well, the IRS sold the house somehow, trying to get their money.
[01:19:41.720 --> 01:19:43.720]  Oh, they got a lien on it.
[01:19:43.720 --> 01:19:46.720]  It was worth.
[01:19:46.720 --> 01:20:03.720]  So here in the last couple of days, he gets a 1099 from a credit service that was involved in that somehow, and he has to pay taxes on like $69,000 when he was in prison
[01:20:03.720 --> 01:20:07.720]  and didn't have any say-so over his property, and they discounted it and sold it.
[01:20:07.720 --> 01:20:11.720]  Have you all ever heard anything like that?
[01:20:11.720 --> 01:20:26.720]  What I have heard concerning 1099 stuff where banks will send you 1099s on credit cards and things like that, like say if you take out a credit card
[01:20:26.720 --> 01:20:35.720]  and then you end up borrowing a bunch of money or racking it up a big bill, like say a $50,000 credit card bill, and you can't pay it,
[01:20:35.720 --> 01:20:47.720]  and you end up making a settlement agreement, like a debt settlement, some of these debt settlement programs, okay, where you sign another contract
[01:20:47.720 --> 01:20:59.720]  that you're going to renegotiate the debt and down to another number, like say 30,000, all right, and then you contract that you will pay the 30,000.
[01:20:59.720 --> 01:21:16.720]  The IRS at that point in time considers that you just made a $20,000 profit, and the bank sends you a 1099 for $20,000 worth of income,
[01:21:16.720 --> 01:21:29.720]  and it's a total racket. Now, in this case, I'm trying to figure out how that worked with the property, but that's why I totally disagree with all debt settlements
[01:21:29.720 --> 01:21:37.720]  because they are, I just don't believe in them, and it's a racket, and you end up getting ripped off, and what ends up happening to the people,
[01:21:37.720 --> 01:21:42.720]  if you miss a payment, they are so hardcore about enforcing those debt settlement agreements.
[01:21:42.720 --> 01:21:51.720]  If you do anything out of line whatsoever, man, you are in a lot of trouble, and they can sue you big time and put all kinds of liens.
[01:21:51.720 --> 01:22:00.720]  I mean, it's ridiculous, okay, and so that's why I advocate the Michael Mears method of dealing with credit card fraud,
[01:22:00.720 --> 01:22:07.720]  because you don't address the debt ever. That's not the issue. It's not the issue of whether you owe the money or not,
[01:22:07.720 --> 01:22:15.720]  and we do not advocate on rule of law radio that people just go out and run up credit card debts and not pay them
[01:22:15.720 --> 01:22:21.720]  so that you can try to get out of them with legal remedies that we may promote here.
[01:22:21.720 --> 01:22:29.720]  That's usury, and it's immoral and unethical. That's not what this is about, but everyone runs into trouble sometimes,
[01:22:29.720 --> 01:22:35.720]  and these banksters are committing economic terrorism on us and pushing us into the point,
[01:22:35.720 --> 01:22:39.720]  just like I was saying earlier, of squeezing us and squeezing us and squeezing us,
[01:22:39.720 --> 01:22:43.720]  that we have to go further and further and further into a debt that we can never pay,
[01:22:43.720 --> 01:22:51.720]  because you can't pay off a debt anyway under this, under public policy, HJR 192, which was codified into law, by the way, people.
[01:22:51.720 --> 01:22:56.720]  There's been a big debate about that, and I don't have the statute right now, but HJR 192 was codified into law.
[01:22:56.720 --> 01:23:02.720]  You cannot pay off a debt. You can only discharge a debt with legal tender, Federal Reserve notes,
[01:23:02.720 --> 01:23:07.720]  and they abolished the use at that point in time.
[01:23:07.720 --> 01:23:13.720]  Any contracts that had been made to be paid, debts to be paid with gold or silver, were nullified,
[01:23:13.720 --> 01:23:22.720]  and that's unconstitutional because in the Constitution it says that the government shall not infringe on any private contracts.
[01:23:22.720 --> 01:23:30.720]  Well, this is a cancellation of debt, and evidently they take that cancellation of debt over what the money is and put a 1099 on it.
[01:23:30.720 --> 01:23:37.720]  Yes, because they consider that if you borrowed money, the IRS considers that if you borrowed money
[01:23:37.720 --> 01:23:47.720]  and then you don't have to pay it all back, then they consider that an income, and I mean, think about it.
[01:23:47.720 --> 01:23:57.720]  If you borrowed $50,000 and it's in your pocket, okay, if you're not paying back the whole $50,000,
[01:23:57.720 --> 01:24:05.720]  if you work out some kind of other deal where you only have to pay $30,000, well then yes, you had a $20,000 income.
[01:24:05.720 --> 01:24:07.720]  Yes, but there's only one little problem.
[01:24:07.720 --> 01:24:09.720]  My question is that their debt net.
[01:24:09.720 --> 01:24:11.720]  That they're only applying to Federal employees to begin with.
[01:24:11.720 --> 01:24:14.720]  Well, yes, that's the whole IRS issue.
[01:24:14.720 --> 01:24:19.720]  Credit service, I won't mention their name, but they're involved in this, and I'm just curious.
[01:24:19.720 --> 01:24:23.720]  This is my friend. He's still in the halfway house, and see, they're requiring him.
[01:24:23.720 --> 01:24:30.720]  He has to file taxes for three years now after he's got out of the pen, and he's in the halfway house,
[01:24:30.720 --> 01:24:33.720]  and of course, they threw this on him now.
[01:24:33.720 --> 01:24:39.720]  I'm sure that you know who's behind this, but there's got to be some type of fraud here or something.
[01:24:39.720 --> 01:24:41.720]  I mean, I just can't.
[01:24:41.720 --> 01:24:44.720]  Why don't you have him call Tommy Cryer over in Louisiana?
[01:24:44.720 --> 01:24:47.720]  He's the attorney that kicked the IRS's behind over there.
[01:24:47.720 --> 01:24:54.720]  Yeah, this is a complex IRS issue that, I mean, we could spend a whole four-hour Friday night show on just that.
[01:24:54.720 --> 01:24:59.720]  Well, I'll tell you, there's a fellow named Al Abask who used to write the Anti-Shoster.
[01:24:59.720 --> 01:25:08.720]  He has a real good process for the IRS, and it's basically just asking them questions under notices,
[01:25:08.720 --> 01:25:11.720]  and it's really, really good.
[01:25:11.720 --> 01:25:21.720]  But anyway, I would just wonder if you all had seen this, and if you all had any ideas on what this guy could do.
[01:25:21.720 --> 01:25:25.720]  No, just tell him not to do a McVeigh thing.
[01:25:25.720 --> 01:25:30.720]  Well, yeah, we would need more information about how they seized his property to begin with in order to sell it.
[01:25:30.720 --> 01:25:33.720]  That's what we would need more information of.
[01:25:33.720 --> 01:25:41.720]  But the whole procedure of the 1099s being issued to people for amounts,
[01:25:41.720 --> 01:25:48.720]  the difference between whatever they paid back on a debt versus what they borrowed is very common.
[01:25:48.720 --> 01:25:51.720]  One other quick thing, and I'll get off.
[01:25:51.720 --> 01:25:55.720]  You're talking about the Constitution and everything.
[01:25:55.720 --> 01:25:59.720]  Have you all ever had Harmon Taylor on your shoulders to talk?
[01:25:59.720 --> 01:26:02.720]  Yes, absolutely. Harmon Taylor is a very good friend of mine.
[01:26:02.720 --> 01:26:04.720]  Well, he's a good friend of mine, too.
[01:26:04.720 --> 01:26:12.720]  But you know, he says that these are all agreements that we have with these people.
[01:26:12.720 --> 01:26:17.720]  And you know, it's very technical in how they run over us in the courts,
[01:26:17.720 --> 01:26:20.720]  because even if we don't have an agreement, they still push it to the limit.
[01:26:20.720 --> 01:26:24.720]  So you've got to know how to get up into the higher courts.
[01:26:24.720 --> 01:26:33.720]  You know, we've been through this many times here in Richardson just trying to get appeals and all kinds of writs.
[01:26:33.720 --> 01:26:36.720]  And it's very, very difficult.
[01:26:36.720 --> 01:26:44.720]  But Harmon explains all of that on the agreements in its commercial nexus is what's going on, like these property issues.
[01:26:44.720 --> 01:26:48.720]  We're fighting a property battle right now with the city.
[01:26:48.720 --> 01:26:55.720]  And if we don't have an agreement with the homeowners association,
[01:26:55.720 --> 01:27:01.720]  or we don't have an agreement with the way we have the deed the house is paid for,
[01:27:01.720 --> 01:27:03.720]  but we don't have an agreement with these people, but they keep coming.
[01:27:03.720 --> 01:27:09.720]  And until we can prove, until they can prove that we don't have a commercial nexus with those people,
[01:27:09.720 --> 01:27:12.720]  supposedly they can do what they want to.
[01:27:12.720 --> 01:27:17.720]  So you know, the Constitution really don't have nothing to do with this property.
[01:27:17.720 --> 01:27:19.720]  We don't want to commercialize it.
[01:27:19.720 --> 01:27:25.720]  I mean, it's commercial agreements.
[01:27:25.720 --> 01:27:31.720]  And if we don't have one, they don't have any authority over our property.
[01:27:31.720 --> 01:27:41.720]  And when you buy new homes today, there are those hidden agreements in there that we don't pay any attention to.
[01:27:41.720 --> 01:27:47.720]  And then there's another gentleman that has these exact same points as well,
[01:27:47.720 --> 01:27:50.720]  talking about getting your property removed from the appraisal role,
[01:27:50.720 --> 01:27:54.720]  because that's the bottom line if you want to actually be safe, you know,
[01:27:54.720 --> 01:27:58.720]  get it done right to not have to pay property taxes no matter what method you use.
[01:27:58.720 --> 01:28:02.720]  You have to get your property removed from the appraisal role, the real estate appraisal role.
[01:28:02.720 --> 01:28:05.720]  You have to get your property declared.
[01:28:05.720 --> 01:28:10.720]  You have to get your property declared as private property through the court system.
[01:28:10.720 --> 01:28:17.720]  And if there was some kind of hidden agreement when you bought it that said you agree that you are declaring your property real property,
[01:28:17.720 --> 01:28:25.720]  then you have to go back and revoke that for lack of consideration and go through all these steps.
[01:28:25.720 --> 01:28:27.720]  And it's a time-consuming process.
[01:28:27.720 --> 01:28:29.720]  And there's all these little nitpicky details and stuff.
[01:28:29.720 --> 01:28:33.720]  So it's something that we definitely need to get into.
[01:28:33.720 --> 01:28:36.720]  And I'd be interested in getting Harmon's take on that.
[01:28:36.720 --> 01:28:43.720]  But you have to study all the, you have to look at all the details of the statutes as well as all these hidden contracts,
[01:28:43.720 --> 01:28:47.720]  because the one thing that, like, well, Randy and I were discussing,
[01:28:47.720 --> 01:28:52.720]  and we'd like to have Harmon on again at some point, we haven't been able to get out of Harmon yet,
[01:28:52.720 --> 01:28:59.720]  how he makes the connection between the commercial nexus and the statutory and common law.
[01:28:59.720 --> 01:29:00.720]  We haven't got that.
[01:29:00.720 --> 01:29:02.720]  We haven't been able to get there yet.
[01:29:02.720 --> 01:29:04.720]  Could you pull that out of Harmon, you say?
[01:29:04.720 --> 01:29:05.720]  I'm sorry?
[01:29:05.720 --> 01:29:07.720]  You haven't been able to get that information out?
[01:29:07.720 --> 01:29:10.720]  We haven't been able to quite get him to explain that clearly yet.
[01:29:10.720 --> 01:29:16.720]  I'm not saying that he doesn't have an explanation, but that's, you know, we need to discuss that as well.
[01:29:16.720 --> 01:29:17.720]  Well, I know him quite well.
[01:29:17.720 --> 01:29:18.720]  I deal with him.
[01:29:18.720 --> 01:29:22.720]  And I know probably what he would say, but I can't speak for him.
[01:29:22.720 --> 01:29:27.720]  But he would probably say that it's just the agreement.
[01:29:27.720 --> 01:29:29.720]  It don't have to be tied to the statute.
[01:29:29.720 --> 01:29:31.720]  It doesn't have to be tied to anything.
[01:29:31.720 --> 01:29:32.720]  Okay.
[01:29:32.720 --> 01:29:34.720]  Well, listen, Robert, we need to let you go because we have other callers on the line.
[01:29:34.720 --> 01:29:35.720]  Thank you so much.
[01:29:35.720 --> 01:29:36.720]  Okay.
[01:29:36.720 --> 01:29:37.720]  Thank you.
[01:29:37.720 --> 01:29:38.720]  Okay.
[01:29:38.720 --> 01:29:39.720]  We've got Ken in Texas.
[01:29:39.720 --> 01:29:42.720]  We've got Jim in Ohio, John in Florida.
[01:29:42.720 --> 01:29:45.720]  We will be taking your calls back on the other side.
[01:29:45.720 --> 01:29:47.720]  This is the rule of law.
[01:29:47.720 --> 01:29:59.720]  Randy Kelton, Eddie Craig, and Deborah Stevens.
[01:29:59.720 --> 01:30:02.720]  Are you the plaintiff or defendant in a lawsuit?
[01:30:02.720 --> 01:30:08.720]  Win your case without an attorney with Juris Dictionary, the affordable, easy-to-understand
[01:30:08.720 --> 01:30:13.720]  4-CD course that will show you how in 24 hours, step-by-step.
[01:30:13.720 --> 01:30:17.720]  If you have a lawyer, know what your lawyer should be doing.
[01:30:17.720 --> 01:30:21.720]  If you don't have a lawyer, know what you should do for yourself.
[01:30:21.720 --> 01:30:26.720]  Thousands have won with our step-by-step course, and now you can too.
[01:30:26.720 --> 01:30:32.720]  Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience.
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[01:30:37.720 --> 01:30:41.720]  the principles and practices that control our American courts.
[01:30:41.720 --> 01:30:47.720]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[01:30:47.720 --> 01:30:50.720]  pro se tactics, and much more.
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[01:31:19.720 --> 01:31:24.720]  They want to put the chips all in your body, and when their computer goes and reads it,
[01:31:24.720 --> 01:31:27.720]  then you can't hide from nobody, okay?
[01:31:27.720 --> 01:31:30.720]  And that's exactly what they want to do.
[01:31:30.720 --> 01:31:32.720]  So that's our little RFID song.
[01:31:32.720 --> 01:31:34.720]  We did that one for Katherine Albrecht.
[01:31:34.720 --> 01:31:41.720]  All right, we're going now to Jim and – wait a minute.
[01:31:41.720 --> 01:31:45.720]  Did we just – that was Ken in Texas?
[01:31:45.720 --> 01:31:47.720]  People are dropping off the caller board where they're done.
[01:31:47.720 --> 01:31:50.720]  Jim in Ohio.
[01:31:50.720 --> 01:31:51.720]  Hey.
[01:31:51.720 --> 01:31:52.720]  Hey, thanks for calling in.
[01:31:52.720 --> 01:31:54.720]  What's on your mind tonight?
[01:31:54.720 --> 01:31:55.720]  Well, there were several things.
[01:31:55.720 --> 01:32:01.720]  And each time another sentence poses another question,
[01:32:01.720 --> 01:32:08.720]  I move towards that in my thinking, and I forgot the original stuff.
[01:32:08.720 --> 01:32:10.720]  There's just so much in there.
[01:32:10.720 --> 01:32:16.720]  One of the first things was that when Eddie was speaking about Texas law
[01:32:16.720 --> 01:32:22.720]  in regard to the licenses, he mentioned actually the license and the commercial license.
[01:32:22.720 --> 01:32:29.720]  I thought we had all come to an agreement that all licenses are commercial licenses.
[01:32:29.720 --> 01:32:30.720]  Yes, we have.
[01:32:30.720 --> 01:32:34.720]  How is the differentiation?
[01:32:34.720 --> 01:32:37.720]  Well, I'll just address it the way that they address it.
[01:32:37.720 --> 01:32:41.720]  And one, it's a driver's license, and one, it's a commercial driver's license.
[01:32:41.720 --> 01:32:43.720]  But they are actually one and the same.
[01:32:43.720 --> 01:32:46.720]  The only difference between them being the commercial driver's license
[01:32:46.720 --> 01:32:49.720]  can have a hazardous material placard endorsement on it,
[01:32:49.720 --> 01:32:53.720]  whereas the standard commercial license does not.
[01:32:53.720 --> 01:32:55.720]  Eddie, isn't there another difference,
[01:32:55.720 --> 01:32:58.720]  or maybe these are just different classifications of the commercial driver's license,
[01:32:58.720 --> 01:33:02.720]  like say, for example, the driver's license that most people have?
[01:33:02.720 --> 01:33:05.720]  Well, the classifications are the ABC.
[01:33:05.720 --> 01:33:10.720]  Okay, I guess what I mean is like the – I remember we were talking about this at the seminar
[01:33:10.720 --> 01:33:16.720]  where someone – anybody, people like me, for example, who has a standard, quote,
[01:33:16.720 --> 01:33:21.720]  driver's license, we could be a chauffeur.
[01:33:21.720 --> 01:33:26.720]  We're hauling passengers for hire but not individually solicit to them,
[01:33:26.720 --> 01:33:29.720]  whereas if you were going to be a taxi cab driver having individual contracts
[01:33:29.720 --> 01:33:31.720]  with the passengers directly,
[01:33:31.720 --> 01:33:34.720]  then you have to have a different kind of commercial driver's license.
[01:33:34.720 --> 01:33:35.720]  Is that right?
[01:33:35.720 --> 01:33:39.720]  Well, from what I've seen in the code, there's only two chapters dealing with licenses.
[01:33:39.720 --> 01:33:42.720]  And that's 521 and 522.
[01:33:42.720 --> 01:33:49.720]  And 521 specifically says what three variations make up the driver's license.
[01:33:49.720 --> 01:33:52.720]  None of those are chauffeurs or anything else.
[01:33:52.720 --> 01:33:58.720]  So that leaves everything under 522 as far as something that you actually use
[01:33:58.720 --> 01:34:00.720]  for the purposes of commercial use.
[01:34:00.720 --> 01:34:03.720]  That's all it can be because it's all there is.
[01:34:03.720 --> 01:34:09.720]  522 even specifically states the department is hereby authorized to issue
[01:34:09.720 --> 01:34:13.720]  the following classifications of commercial driver's licenses.
[01:34:13.720 --> 01:34:17.720]  There is no such language allowing them to issue any other kind of license
[01:34:17.720 --> 01:34:20.720]  anywhere in the transportation code.
[01:34:20.720 --> 01:34:24.720]  That is the only place in the only chapter that says they can issue a license,
[01:34:24.720 --> 01:34:27.720]  and it specifically says it's commercial.
[01:34:27.720 --> 01:34:28.720]  All right.
[01:34:28.720 --> 01:34:30.720]  Does that answer your question, Jim?
[01:34:30.720 --> 01:34:34.720]  Well, I was going to mention also that since I came back to Ohio from Colorado,
[01:34:34.720 --> 01:34:35.720]  they have a D license here.
[01:34:35.720 --> 01:34:37.720]  Now, that's what a C license used to be,
[01:34:37.720 --> 01:34:45.720]  but C has been drawn into a little bit more of a commercial class here like a courier.
[01:34:45.720 --> 01:34:48.720]  So the license that I now have is what they call a,
[01:34:48.720 --> 01:34:53.720]  quote, unquote, passenger license is a D license here in Ohio.
[01:34:53.720 --> 01:34:55.720]  Yeah, but do you haul passengers?
[01:34:55.720 --> 01:34:56.720]  Oh, no, no, no.
[01:34:56.720 --> 01:34:57.720]  I don't know where we're at on that.
[01:34:57.720 --> 01:34:59.720]  All right.
[01:34:59.720 --> 01:35:03.720]  Next thing I forgot,
[01:35:03.720 --> 01:35:10.720]  and so jumping onto the idea of being stopped to verify your identification,
[01:35:10.720 --> 01:35:17.720]  you better show your papers, please, just cannot stand any constitutional muster.
[01:35:17.720 --> 01:35:21.720]  Unless you're listening to the Supreme Court, who thinks it can?
[01:35:21.720 --> 01:35:27.720]  Well, I believe we're going to have to call them up and talk to them.
[01:35:27.720 --> 01:35:28.720]  I think so.
[01:35:28.720 --> 01:35:33.720]  I need another Halloween pinata myself.
[01:35:33.720 --> 01:35:37.720]  And shoot, there were so many things I forgot.
[01:35:37.720 --> 01:35:43.720]  Well, one of the things I was on the line to ask Deborah the other night was,
[01:35:43.720 --> 01:35:45.720]  I'm needing to get some posse music.
[01:35:45.720 --> 01:35:47.720]  How do I do it?
[01:35:47.720 --> 01:35:48.720]  Three Shoes Posse.
[01:35:48.720 --> 01:35:50.720]  Okay, threeshoesposse.com.
[01:35:50.720 --> 01:35:54.720]  You can order the CD or you can buy the MP3 album there.
[01:35:54.720 --> 01:35:56.720]  Pete from the Kitchen is my absolute favorite.
[01:35:56.720 --> 01:35:59.720]  Oh, now that is Route One music.
[01:35:59.720 --> 01:36:04.720]  Go to routeone.net, R-O-O-T the number one dot net.
[01:36:04.720 --> 01:36:10.720]  That's Jerry's longtime band for 15 years before we started Three Shoes Posse.
[01:36:10.720 --> 01:36:11.720]  That's pre-posse.
[01:36:11.720 --> 01:36:13.720]  That's pre-posse, exactly.
[01:36:13.720 --> 01:36:14.720]  Oh, okay.
[01:36:14.720 --> 01:36:19.720]  That's when Jerry, there was another posse before the Three Shoes Posse.
[01:36:19.720 --> 01:36:20.720]  That's the Route One posse.
[01:36:20.720 --> 01:36:28.720]  So yeah, that's Jerry's band, founder of Route One, longtime touring act,
[01:36:28.720 --> 01:36:30.720]  very successful.
[01:36:30.720 --> 01:36:34.720]  The Roots trade album sold 40,000 copies in Brazil.
[01:36:34.720 --> 01:36:36.720]  So check out some of the music.
[01:36:36.720 --> 01:36:44.720]  We've got little clips of, you know, short MP3 clips of a lot of the songs from a lot of the albums that Jerry has produced over the years,
[01:36:44.720 --> 01:36:48.720]  like six, seven CDs of his own music.
[01:36:48.720 --> 01:36:51.720]  Very talented man.
[01:36:51.720 --> 01:36:56.720]  Well, the other points, I forgot, dog on it.
[01:36:56.720 --> 01:37:02.720]  I need to start jotting down notes if I'm going to try to catch it all.
[01:37:02.720 --> 01:37:08.720]  So I'll have to acquiesce to the next in line and keep up the good work, everyone.
[01:37:08.720 --> 01:37:12.720]  Thanks, sir.
[01:37:12.720 --> 01:37:17.720]  Yeah, Nomad's Land is the one with Roots trade on it.
[01:37:17.720 --> 01:37:22.720]  Okay, we are going now to Ken in Texas.
[01:37:22.720 --> 01:37:24.720]  Okay, Ken, thanks for calling in.
[01:37:24.720 --> 01:37:26.720]  What's on your mind tonight?
[01:37:26.720 --> 01:37:27.720]  Hi there.
[01:37:27.720 --> 01:37:30.720]  I have a traffic situation issue.
[01:37:30.720 --> 01:37:32.720]  It's pretty simple, I think.
[01:37:32.720 --> 01:37:38.720]  I've had a little bit of coaching from one of your previous callers, Robert,
[01:37:38.720 --> 01:37:45.720]  and actually I've bought some tickets here in Texas with mixed results over the years.
[01:37:45.720 --> 01:37:48.720]  But here's what I got about a week ago.
[01:37:48.720 --> 01:37:54.720]  I got pulled over in the lovely city of Plano, which is a very large city here,
[01:37:54.720 --> 01:37:58.720]  and they have a very aggressive police force.
[01:37:58.720 --> 01:38:04.720]  I wasn't paying too much attention, I guess, to the speed signs,
[01:38:04.720 --> 01:38:08.720]  and I got two tickets, one for speeding and one for no driver's license.
[01:38:08.720 --> 01:38:18.720]  And I just wanted to see what you would recommend, the latest and greatest idea now.
[01:38:18.720 --> 01:38:22.720]  I'm supposed to go in on a, I guess you'd call it a pre-trial,
[01:38:22.720 --> 01:38:27.720]  go in and make a plea by Saturday.
[01:38:27.720 --> 01:38:29.720]  And I want to see what you'd recommend.
[01:38:29.720 --> 01:38:35.720]  I've heard I should look at my files and what should I do after I see the files
[01:38:35.720 --> 01:38:43.720]  or if they don't show me the files.
[01:38:43.720 --> 01:38:45.720]  Eddie?
[01:38:45.720 --> 01:38:47.720]  Yeah, I'm here.
[01:38:47.720 --> 01:38:52.720]  There's at least three things you must have in that file before they can do anything,
[01:38:52.720 --> 01:38:58.720]  a copy of the citation, a signed and verified copy of a criminal complaint,
[01:38:58.720 --> 01:39:04.720]  and a signed information by the prosecuting attorney.
[01:39:04.720 --> 01:39:06.720]  You want to know who the prosecuting attorney is?
[01:39:06.720 --> 01:39:09.720]  Was this a municipal cop?
[01:39:09.720 --> 01:39:10.720]  Yes, municipal.
[01:39:10.720 --> 01:39:11.720]  Okay.
[01:39:11.720 --> 01:39:13.720]  If you go to municipal court,
[01:39:13.720 --> 01:39:16.720]  then it's probably going to be the city attorney that's doing the prosecuting.
[01:39:16.720 --> 01:39:23.720]  I have a motion just for that purpose because the city attorney has no lawful authority
[01:39:23.720 --> 01:39:29.720]  to operate as an attorney for the state in municipal court or any other court.
[01:39:29.720 --> 01:39:37.720]  And an attorney for the state is the only one that can prosecute in the name of the state.
[01:39:37.720 --> 01:39:41.720]  Who is the only one that can prosecute for the state?
[01:39:41.720 --> 01:39:45.720]  The district attorney or the county attorney?
[01:39:45.720 --> 01:39:47.720]  According to the state constitution.
[01:39:47.720 --> 01:39:49.720]  District attorney or county attorney only, okay.
[01:39:49.720 --> 01:39:53.720]  Yeah, according to the state constitution, they are the only attorneys for the state.
[01:39:53.720 --> 01:39:55.720]  Therefore, they're the only ones that can represent the state.
[01:39:55.720 --> 01:39:58.720]  City attorney cannot do it.
[01:39:58.720 --> 01:39:59.720]  Okay.
[01:39:59.720 --> 01:40:01.720]  Now, if you want to know how to argue,
[01:40:01.720 --> 01:40:05.720]  should you actually have to appear in court and argue with the cop,
[01:40:05.720 --> 01:40:11.720]  go download the January 11th archive from our traffic show that night.
[01:40:11.720 --> 01:40:18.720]  I go through a very direct questioning of the officer about driver's licenses.
[01:40:18.720 --> 01:40:29.720]  You need to know chapter 521 and what those three things in 521.001 sub-item 3 are.
[01:40:29.720 --> 01:40:31.720]  And they're all in 521.
[01:40:31.720 --> 01:40:33.720]  There's a section for each one of them.
[01:40:33.720 --> 01:40:42.720]  And it specifically states what each one is, who can get it, how they get it, and so on and so forth.
[01:40:42.720 --> 01:40:45.720]  But the key question to ask there is, okay, fine,
[01:40:45.720 --> 01:40:51.720]  once they have it and then they come within the state and it's no longer temporary,
[01:40:51.720 --> 01:40:57.720]  it's no longer a learner's permit, and it cannot be an occupation license,
[01:40:57.720 --> 01:41:00.720]  what kind of license is it to become?
[01:41:00.720 --> 01:41:01.720]  It can't be circular.
[01:41:01.720 --> 01:41:04.720]  It can't go from a temporary back to a temporary.
[01:41:04.720 --> 01:41:06.720]  It can't go from a temporary to a learner's.
[01:41:06.720 --> 01:41:08.720]  It can't go from a learner's to a temporary.
[01:41:08.720 --> 01:41:11.720]  And it can't go from a learner's to an occupation or back to a learner's.
[01:41:11.720 --> 01:41:14.720]  So what kind of license does it become?
[01:41:14.720 --> 01:41:19.720]  Once it's no longer temporary, once I've passed the written test and the driving test
[01:41:19.720 --> 01:41:23.720]  and I don't need a learner's permit anymore, what kind of license do I get?
[01:41:23.720 --> 01:41:29.720]  They can't keep saying driver's license because you just eliminated the only three things that apply.
[01:41:29.720 --> 01:41:33.720]  So all that's left is a commercial driver's license.
[01:41:33.720 --> 01:41:35.720]  There is no other.
[01:41:35.720 --> 01:41:46.720]  But yeah, on my ticket it even says no driver's license to it Class C.
[01:41:46.720 --> 01:41:47.720]  Yeah.
[01:41:47.720 --> 01:41:52.720]  Doesn't that mean they're calling this a Class C commercial driver's license?
[01:41:52.720 --> 01:41:55.720]  They don't understand that they're the same thing.
[01:41:55.720 --> 01:42:01.720]  They think a driver's license must be something different because it's in a different chapter.
[01:42:01.720 --> 01:42:08.720]  The only reason it's in a different chapter is because the ones in 521 are all temporary
[01:42:08.720 --> 01:42:15.720]  versus the one in 522 is permanent until you get it renewed at the end of its normal expiration.
[01:42:15.720 --> 01:42:18.720]  And then all you have to do is renew it.
[01:42:18.720 --> 01:42:20.720]  You don't keep renewing a temporary license.
[01:42:20.720 --> 01:42:23.720]  You don't keep renewing a learner's permit.
[01:42:23.720 --> 01:42:30.720]  And you don't have the option of renewing the occupational license, only the judge that issued it does.
[01:42:30.720 --> 01:42:32.720]  Okay.
[01:42:32.720 --> 01:42:37.720]  So the only license you get that's more or less permanent is a commercial driver's license.
[01:42:37.720 --> 01:42:48.720]  Now the difference is that the actual one that says CDL can have a hazardous materials placard endorsement.
[01:42:48.720 --> 01:42:51.720]  Otherwise it's exactly the same license.
[01:42:51.720 --> 01:42:57.720]  The exact same types of motor vehicles under Chapter 521 are the same exact types of motor vehicles listed under
[01:42:57.720 --> 01:43:01.720]  Chapter 522 commercial driver's license.
[01:43:01.720 --> 01:43:06.720]  They're the exact same list of vehicles.
[01:43:06.720 --> 01:43:07.720]  Okay.
[01:43:07.720 --> 01:43:14.720]  Now if I look in my file and I've got a citation and I think it's been assigned affidavit or complaint.
[01:43:14.720 --> 01:43:15.720]  Is that right?
[01:43:15.720 --> 01:43:17.720]  It must be a complaint.
[01:43:17.720 --> 01:43:19.720]  It says it has to be a complaint.
[01:43:19.720 --> 01:43:27.720]  It does not say that an information can be based upon an affidavit. It says it's got to be based upon a complaint.
[01:43:27.720 --> 01:43:28.720]  Okay.
[01:43:28.720 --> 01:43:30.720]  So I'm trying to read my scratch in here.
[01:43:30.720 --> 01:43:40.720]  I'm sorry, but the citation has to be in there, assigned affidavit, and assigned complaint.
[01:43:40.720 --> 01:43:41.720]  Yes.
[01:43:41.720 --> 01:43:44.720]  Mason, we're going to break.
[01:43:44.720 --> 01:43:45.720]  Hang on.
[01:43:45.720 --> 01:43:46.720]  We'll be right back.
[01:43:46.720 --> 01:43:47.720]  Hang on.
[01:43:47.720 --> 01:43:48.720]  And then we'll go to the other callers.
[01:43:48.720 --> 01:43:51.720]  John in Florida, Jesse from Texas, Gail.
[01:43:51.720 --> 01:43:52.720]  Thank you.
[01:43:52.720 --> 01:43:53.720]  Okay.
[01:43:53.720 --> 01:43:54.720]  So stand on the line, Ken.
[01:43:54.720 --> 01:43:55.720]  We'll be right back.
[01:43:55.720 --> 01:44:04.720]  In a time where telling the truth is a revolutionary act, radicals across the globe are rising up
[01:44:04.720 --> 01:44:07.720]  and uniting behind one simple yet profound message.
[01:44:07.720 --> 01:44:08.720]  Choose freedom.
[01:44:08.720 --> 01:44:13.720]  Join the revolution and tune into the Rise Up Radio Show with Kathryn Bleich and John Bush
[01:44:13.720 --> 01:44:20.720]  every Monday, Wednesday, and Friday from 7 to 10 a.m. on 90.1 FM in Austin or ruleoflawradio.com on the internet.
[01:44:20.720 --> 01:44:21.720]  That's right, folks.
[01:44:21.720 --> 01:44:25.720]  John Bush and I will be bringing you the latest news from the front lines and examining successful
[01:44:25.720 --> 01:44:27.720]  activist strategies from states across the union.
[01:44:27.720 --> 01:44:33.720]  Come along for the rise this January as we speak truth to power and embark on Operation D-Fuse,
[01:44:33.720 --> 01:44:37.720]  a multi-state tour and expose on the mechanics of the modern police state.
[01:44:37.720 --> 01:44:42.720]  Check out operationsdfuse.com for more information and be sure to tune in all this week to hear from these great guests.
[01:44:42.720 --> 01:44:46.720]  Monday, January 4th, renowned author and liberty defender T. Edward Griffin.
[01:44:46.720 --> 01:44:50.720]  Wednesday, January 6th, Mark Lerner of the Stop Real ID Coalition.
[01:44:50.720 --> 01:44:53.720]  And Friday, January 8th, Michael Bolden of the 10th Amendment Center.
[01:44:53.720 --> 01:44:57.720]  So tune in, folks, every Monday, Wednesday, and Friday morning from 7 to 10 a.m.
[01:44:57.720 --> 01:45:21.720]  and don't just wake up, rise up.
[01:45:21.720 --> 01:45:49.720]  Thank you.
[01:45:49.720 --> 01:46:16.720]  Thank you.
[01:46:16.720 --> 01:46:39.720]  Thank you.
[01:46:39.720 --> 01:47:07.720]  Thank you.
[01:47:07.720 --> 01:47:34.720]  Thank you.
[01:47:34.720 --> 01:47:42.720]  Thank you.
[01:47:42.720 --> 01:47:43.720]  All right.
[01:47:43.720 --> 01:47:46.720]  Ja Will never failed to sit back the scale.
[01:47:46.720 --> 01:47:47.720]  Route 1.
[01:47:47.720 --> 01:47:48.720]  Love dubbing guitars.
[01:47:48.720 --> 01:47:49.720]  Okay.
[01:47:49.720 --> 01:47:52.720]  We're talking with Ken in Texas.
[01:47:52.720 --> 01:47:53.720]  Okay.
[01:47:53.720 --> 01:47:54.720]  Here we are.
[01:47:54.720 --> 01:47:55.720]  Okay.
[01:47:55.720 --> 01:47:57.720]  Eddie, did you, were you finished answering Ken's question?
[01:47:57.720 --> 01:48:00.720]  What else did you have, Ken?
[01:48:00.720 --> 01:48:05.720]  Well, I guess for my benefit and everyone else listening, okay.
[01:48:05.720 --> 01:48:07.720]  So I go in and I look at my file.
[01:48:07.720 --> 01:48:12.720]  I'm going to speculate, okay, that all those things are not in my file.
[01:48:12.720 --> 01:48:14.720]  Now what?
[01:48:14.720 --> 01:48:18.720]  Now you just make sure you've got your little digital recorder and you ask the court clerk,
[01:48:18.720 --> 01:48:19.720]  is this it?
[01:48:19.720 --> 01:48:20.720]  Is there anything else?
[01:48:20.720 --> 01:48:23.720]  Are there any other folders with my name on them?
[01:48:23.720 --> 01:48:28.720]  Is this the entire contents of everything to do with this case?
[01:48:28.720 --> 01:48:30.720]  You make them say, yes, it is.
[01:48:30.720 --> 01:48:36.720]  Then you make certain that you keep a periodic check up until the day of trial on that file.
[01:48:36.720 --> 01:48:40.720]  Don't, I think you get to check it just once and it's not there in your home free.
[01:48:40.720 --> 01:48:42.720]  Don't do that.
[01:48:42.720 --> 01:48:47.720]  You always check it every day or every other day, and if you're really close to trial,
[01:48:47.720 --> 01:48:56.720]  I recommend every day, but makes dead certain that you check it the day before trial.
[01:48:56.720 --> 01:48:57.720]  Here's why.
[01:48:57.720 --> 01:49:02.720]  The day before trial, you mean even the day before I'm supposed to go in and make a plea?
[01:49:02.720 --> 01:49:03.720]  That's correct.
[01:49:03.720 --> 01:49:05.720]  And here's why.
[01:49:05.720 --> 01:49:09.720]  Without that complaint, the court has no jurisdiction to take a plea.
[01:49:09.720 --> 01:49:15.720]  They have no jurisdiction to even have you appear before them if there's no complaint.
[01:49:15.720 --> 01:49:18.720]  And then even if they have a complaint for you to enter a plea on,
[01:49:18.720 --> 01:49:25.720]  they cannot go to trial without an information, okay?
[01:49:25.720 --> 01:49:26.720]  Okay.
[01:49:26.720 --> 01:49:31.720]  So no complaint, no jurisdiction, no information, no jurisdiction.
[01:49:31.720 --> 01:49:36.720]  They have to both be there.
[01:49:36.720 --> 01:49:41.720]  But again, they're talking municipal court, which means they have no jurisdiction to begin with.
[01:49:41.720 --> 01:49:45.720]  Administrative Procedures Act controls in this case.
[01:49:45.720 --> 01:49:50.720]  So the judicial court can't do anything.
[01:49:50.720 --> 01:49:56.720]  But until you bring that point up and put in a motion to that effect, it ain't going to do you any good to know that.
[01:49:56.720 --> 01:49:58.720]  That's right.
[01:49:58.720 --> 01:50:00.720]  So that would be the first thing then.
[01:50:00.720 --> 01:50:06.720]  So let's say, you know, it's hypothetical, but we get all the way up to the day I'm supposed to go in and make a plea,
[01:50:06.720 --> 01:50:13.720]  and I guess I would just tell whoever's there, the clerk, listen, I can't make the plea to something I'm not in charge of.
[01:50:13.720 --> 01:50:20.720]  No, no, no, no, no, no. Number one, the clerk has zero authority to take a plea.
[01:50:20.720 --> 01:50:24.720]  Do not ever enter a plea in front of a clerk.
[01:50:24.720 --> 01:50:30.720]  There's no statute in Texas that gives that clerk the authority to take a plea, okay?
[01:50:30.720 --> 01:50:36.720]  Only a magistrate or a judge can take a plea, nobody else.
[01:50:36.720 --> 01:50:41.720]  They're the only ones the statute ever talks about as far as entering a plea.
[01:50:41.720 --> 01:50:44.720]  That's where we're at.
[01:50:44.720 --> 01:50:46.720]  You want to see a judge.
[01:50:46.720 --> 01:50:51.720]  Yes, and actually all of these things we go over in our traffic seminar, too.
[01:50:51.720 --> 01:50:52.720]  Yes, we do.
[01:50:52.720 --> 01:50:58.720]  And listen, listen, Ken, I don't mean to like cut you off, but we are running very short on time here,
[01:50:58.720 --> 01:51:02.720]  and I want to try to get to as many callers as we can.
[01:51:02.720 --> 01:51:03.720]  Okay.
[01:51:03.720 --> 01:51:09.720]  Well, of course, the show is over, so can we continue this hypothetical scenario on another night, please?
[01:51:09.720 --> 01:51:13.720]  Yes, Ken, just move to dismiss for lack of subject matter jurisdiction.
[01:51:13.720 --> 01:51:14.720]  End of story.
[01:51:14.720 --> 01:51:17.720]  Yes, move to dismiss for lack of subject matter jurisdiction.
[01:51:17.720 --> 01:51:20.720]  That is always the main starting point anyway.
[01:51:20.720 --> 01:51:23.720]  Okay, we are going to go now to John in Florida.
[01:51:23.720 --> 01:51:25.720]  John, thank you for calling in.
[01:51:25.720 --> 01:51:26.720]  Hi, Deborah.
[01:51:26.720 --> 01:51:27.720]  Hi, Eddie.
[01:51:27.720 --> 01:51:28.720]  This is John.
[01:51:28.720 --> 01:51:30.720]  Before you guys know me.
[01:51:30.720 --> 01:51:31.720]  Oh, yes.
[01:51:31.720 --> 01:51:32.720]  Eddie, how are you doing?
[01:51:32.720 --> 01:51:33.720]  All right, man.
[01:51:33.720 --> 01:51:39.720]  All right, buddy, listen, I've got, you know, an issue here with my latest traffic ticket.
[01:51:39.720 --> 01:51:40.720]  Okay.
[01:51:40.720 --> 01:51:45.720]  Which was issued to me after the ticket, the court case I had coming up right after the seminar.
[01:51:45.720 --> 01:51:47.720]  I went there and I told you about that.
[01:51:47.720 --> 01:51:53.720]  The judge completely shut me down, and I have yet to, you know, deal with him with my criminal charges.
[01:51:53.720 --> 01:51:59.720]  In the meantime, I was pulled over and issued another ticket for driving on a suspended license.
[01:51:59.720 --> 01:52:03.720]  So the time comes for the hearing, which is just this past Friday.
[01:52:03.720 --> 01:52:10.720]  I go into the courtroom and, you know, they call me up and I'm standing in front of this who you would think is a judge.
[01:52:10.720 --> 01:52:13.720]  And I asked him two simple questions that he asked me for my plea.
[01:52:13.720 --> 01:52:16.720]  I said, are you a judge or a magistrate?
[01:52:16.720 --> 01:52:20.720]  And to my shock, he actually answered me and said, no.
[01:52:20.720 --> 01:52:21.720]  I said, so you're not a judge?
[01:52:21.720 --> 01:52:22.720]  He said, no.
[01:52:22.720 --> 01:52:23.720]  I said, you're not a magistrate?
[01:52:23.720 --> 01:52:24.720]  He said, no.
[01:52:24.720 --> 01:52:27.720]  So then I said, you know, well, actually, I'm sorry.
[01:52:27.720 --> 01:52:29.720]  The first thing I asked him is what are the nature of the charges?
[01:52:29.720 --> 01:52:34.720]  I mean, you know, what are the nature of the charges that I'm being charged with?
[01:52:34.720 --> 01:52:39.720]  And he said, he said, I said, and he sort of relieved me and I said, well, are these criminal or are they civil?
[01:52:39.720 --> 01:52:40.720]  And he told me they're civil.
[01:52:40.720 --> 01:52:44.720]  And then, of course, I asked him if he was a judge or a magistrate, and he said that he was neither.
[01:52:44.720 --> 01:52:46.720]  He said, I'm a court hearing officer.
[01:52:46.720 --> 01:52:47.720]  And that was that.
[01:52:47.720 --> 01:52:51.720]  Now, while this is going on, I've got my witness sitting in the back of the courtroom.
[01:52:51.720 --> 01:52:58.720]  And, you know, little do I know, the entire courtroom all of a sudden starts turning to her and asking her who I am.
[01:52:58.720 --> 01:53:00.720]  You know, how does she know this?
[01:53:00.720 --> 01:53:06.720]  I mean, all of a sudden, everybody started to wonder who I am and, you know, how I know to ask these questions.
[01:53:06.720 --> 01:53:10.720]  And something obviously isn't right here because, you know, everybody up there thinks he's a judge.
[01:53:10.720 --> 01:53:17.720]  So I walk out of the courtroom after I entered my plea, and I had like three or four guys following me out, you know,
[01:53:17.720 --> 01:53:21.720]  a couple of guys here, another guy there, and they're asking me questions.
[01:53:21.720 --> 01:53:26.720]  And I start talking to two in particular guys, and one of them goes into the state attorney's office.
[01:53:26.720 --> 01:53:33.720]  He marches across the state attorney's office, and he asks them, you know, he says, well, the guy that's sitting over here,
[01:53:33.720 --> 01:53:36.720]  you know, we took down his name, and they said this is his name.
[01:53:36.720 --> 01:53:38.720]  You know, and they looked him up and they said he's not anywhere in the system.
[01:53:38.720 --> 01:53:40.720]  They said, well, is he a judge or a magistrate?
[01:53:40.720 --> 01:53:42.720]  Well, it doesn't seem that way, they said.
[01:53:42.720 --> 01:53:46.720]  They said, well, sometimes these guys are attorneys that are hired to come in here and do this.
[01:53:46.720 --> 01:53:48.720]  And then I guess he kind of caught on.
[01:53:48.720 --> 01:53:52.720]  The state attorney, whoever's in that office answering his questions, maybe he was saying too much,
[01:53:52.720 --> 01:53:56.720]  and then he said, well, here's the name of an administrative judge you need to call him.
[01:53:56.720 --> 01:53:57.720]  And it was left at that.
[01:53:57.720 --> 01:54:03.720]  Now, my question to you, Eddie, is that one, because the research I've done thus far on my last ticket
[01:54:03.720 --> 01:54:13.720]  and then, of course, for the filings, I have yet to come across to find who is able to accept the plea.
[01:54:13.720 --> 01:54:17.720]  And that was kind of, this ties into the last caller's question in terms of who can do this.
[01:54:17.720 --> 01:54:21.720]  In the state of Florida, I need to kind of, where would be my starting point to be able to look back?
[01:54:21.720 --> 01:54:22.720]  Because I've looked in the civil procedure.
[01:54:22.720 --> 01:54:23.720]  I haven't found it there.
[01:54:23.720 --> 01:54:28.720]  And I'm not sure where it might be under certain titles within Florida.
[01:54:28.720 --> 01:54:38.720]  Actually, John, the broader question you need to be asking is who has the authority to sit during a judicial procedure?
[01:54:38.720 --> 01:54:39.720]  Okay.
[01:54:39.720 --> 01:54:44.720]  Who can actually sit and preside over a judicial procedure?
[01:54:44.720 --> 01:54:47.720]  But in this case, it's a civil procedure.
[01:54:47.720 --> 01:54:48.720]  Right. Exactly.
[01:54:48.720 --> 01:54:49.720]  Okay.
[01:54:49.720 --> 01:54:53.720]  So I would get at both of those while I was looking.
[01:54:53.720 --> 01:55:01.720]  But first thing is, where is it authorized in law for an attorney to supplant a judge in a civil proceeding?
[01:55:01.720 --> 01:55:02.720]  Right.
[01:55:02.720 --> 01:55:03.720]  Okay.
[01:55:03.720 --> 01:55:04.720]  That's rule number one.
[01:55:04.720 --> 01:55:06.720]  Where is that coming from?
[01:55:06.720 --> 01:55:07.720]  Okay.
[01:55:06.720 --> 01:55:07.720]  Okay.
[01:55:07.720 --> 01:55:17.720]  Then what authority is granted to that whatever that's supposed to be sitting there to accept a plea in a civil proceeding?
[01:55:17.720 --> 01:55:26.720]  Then who is able to be the plaintiff in a civil proceeding?
[01:55:26.720 --> 01:55:28.720]  You see what we're building up to here?
[01:55:28.720 --> 01:55:36.720]  How can the state be a plaintiff in a civil proceeding that they can't produce evidence of a contract for?
[01:55:36.720 --> 01:55:39.720]  Well, okay.
[01:55:39.720 --> 01:55:42.720]  So yeah, these are obviously the issues I need to look into.
[01:55:42.720 --> 01:55:53.720]  And once I begin to find these answers, you know, in terms of the fact that let's just say that I find definitively that it cannot be a simple attorney who's been hired to come in here and do this
[01:55:53.720 --> 01:55:58.720]  or a commissioner or whoever this guy may be, I immediately file criminal charges on him.
[01:55:58.720 --> 01:55:59.720]  Oh, yes, you do.
[01:55:59.720 --> 01:56:07.720]  You see if you've got an impersonating a public servant or any statute similar to that or a judicial officer or whatever.
[01:56:07.720 --> 01:56:08.720]  Okay.
[01:56:08.720 --> 01:56:16.720]  And what else would I be looking to file in terms of violations of due process is essentially what this comes down to?
[01:56:16.720 --> 01:56:17.720]  Denial of rights.
[01:56:17.720 --> 01:56:21.720]  That's a constitutional violation under your state constitution.
[01:56:21.720 --> 01:56:27.720]  Criminal conspiracy, organized criminal activity or whatever the equivalents in Florida are.
[01:56:27.720 --> 01:56:31.720]  And I would even throw a good old dose of fraud in there.
[01:56:31.720 --> 01:56:34.720]  Right.
[01:56:34.720 --> 01:56:39.720]  Basically, I'd throw everything at them, including the kitchen sink loaded with dirty dishes.
[01:56:39.720 --> 01:56:41.720]  I like the dirty dishes part.
[01:56:41.720 --> 01:56:43.720]  Absolutely.
[01:56:43.720 --> 01:56:53.720]  So I'll carry forward with this and then, you know, I'll give you an update on what I've been able to find and what my next steps are because in terms of filing these, you know, properly filing it,
[01:56:53.720 --> 01:57:03.720]  I'm going to have to first I'll open up a case with the clerk and then I go ahead and go to the attorney and try and get him to accept this because he's not going to want to.
[01:57:03.720 --> 01:57:05.720]  This is really what I'm expecting here.
[01:57:05.720 --> 01:57:06.720]  That's true.
[01:57:06.720 --> 01:57:10.720]  But just let him know that you're carrying a set for him if he refuses to do his duty.
[01:57:10.720 --> 01:57:11.720]  Right.
[01:57:11.720 --> 01:57:12.720]  And actually, maybe I'll walk in there.
[01:57:12.720 --> 01:57:15.720]  Of course, I'll have my witnesses when I go to his office.
[01:57:15.720 --> 01:57:23.720]  But, you know, Randy, I know I had a couple of methods on seeing to it that he accepts it, but I guess I'll have them prepared just to show him that that's what's good.
[01:57:23.720 --> 01:57:26.720]  And then who would I see if the district attorney refuses to accept it?
[01:57:26.720 --> 01:57:29.720]  Who would I then present the charges against the district attorney?
[01:57:29.720 --> 01:57:32.720]  Who would I present those to?
[01:57:32.720 --> 01:57:34.720]  The district court judge.
[01:57:34.720 --> 01:57:35.720]  District court judge.
[01:57:35.720 --> 01:57:36.720]  Okay.
[01:57:36.720 --> 01:57:39.720]  And if that doesn't work, then go straight to the grand jury.
[01:57:39.720 --> 01:57:40.720]  Right.
[01:57:40.720 --> 01:57:41.720]  Okay.
[01:57:41.720 --> 01:57:42.720]  All right.
[01:57:42.720 --> 01:57:43.720]  Thank you very much.
[01:57:43.720 --> 01:57:44.720]  All right.
[01:57:44.720 --> 01:57:45.720]  Okay.
[01:57:45.720 --> 01:57:46.720]  John from Florida.
[01:57:46.720 --> 01:57:47.720]  All right.
[01:57:47.720 --> 01:57:48.720]  We've got barely a minute left.
[01:57:48.720 --> 01:57:49.720]  We're going to go to Jesse from Texas.
[01:57:49.720 --> 01:57:50.720]  Jesse, sorry.
[01:57:50.720 --> 01:57:51.720]  There's not much time.
[01:57:51.720 --> 01:57:53.720]  Where's your question and comment?
[01:57:53.720 --> 01:57:54.720]  Help us finish up the show.
[01:57:54.720 --> 01:57:57.720]  You've got about 45 seconds.
[01:57:57.720 --> 01:58:03.720]  No, I was just trying to find out about the website for the UT Library website.
[01:58:03.720 --> 01:58:20.720]  The UT Library is tarlton.law.utexas.edu, forward slash constitutions, forward slash constitutions.html.
[01:58:20.720 --> 01:58:21.720]  All right.
[01:58:21.720 --> 01:58:22.720]  Did you get that?
[01:58:22.720 --> 01:58:23.720]  Yes.
[01:58:23.720 --> 01:58:24.720]  All right.
[01:58:24.720 --> 01:58:25.720]  Thank you.
[01:58:25.720 --> 01:58:26.720]  Thank you, Jesse.
[01:58:26.720 --> 01:58:27.720]  All right.
[01:58:27.720 --> 01:58:29.720]  We are at the end of the show.
[01:58:29.720 --> 01:58:30.720]  Thanks for tuning in.
[01:58:30.720 --> 01:58:31.720]  This is the rule of law.
[01:58:31.720 --> 01:58:34.720]  We will be back Thursday night.
[01:58:34.720 --> 01:58:38.720]  Tomorrow night we have Agenda 21 and Tom Kiley.
[01:58:38.720 --> 01:58:39.720]  So tune in.
[01:58:39.720 --> 01:58:40.720]  We'll see y'all Thursday.
[01:58:40.720 --> 01:59:05.720]  If you are a bully, a bully, I dare you treat me good.
[01:59:05.720 --> 01:59:12.720]  I'm like a stepping stone, I'm dangerous, dangerous.
[01:59:12.720 --> 01:59:20.720]  If you are a chucky, that's nobody's chucky part.
[01:59:20.720 --> 01:59:25.720]  If you are a chucky, chucky, somebody's chucky part.
[01:59:25.720 --> 01:59:35.720]  I'm like a stepping stone, I'm dangerous, dangerous.
[01:59:35.720 --> 01:59:42.720]  I'm like a stepping stone, I'm dangerous, dangerous.
[01:59:42.720 --> 01:59:58.720]  I'm like a stepping stone, I'm dangerous, dangerous.