[00:00.000 --> 00:09.640] Some 50,000 new housing units in Jerusalem neighborhoods beyond the Green Line are in [00:09.640 --> 00:12.520] various states of planning and approval. [00:12.520 --> 00:17.520] Most of the units will be built in predominantly Jewish neighborhoods beyond the Green Line, [00:17.520 --> 00:20.960] while a smaller number will be built in Arab neighborhoods. [00:20.960 --> 00:26.640] Vice President Joe Biden condemned the move, saying the decision undermined peace talks. [00:26.640 --> 00:31.480] The U.S. State Department Friday issued its annual Human Rights Report, and once again [00:31.480 --> 00:37.440] the human rights situation in America's two largest battlegrounds, Afghanistan and Iraq, [00:37.440 --> 00:39.140] continued to worsen. [00:39.140 --> 00:44.720] The Afghanistan report focused on the civilians killed, blaming the Taliban for the increase [00:44.720 --> 00:46.440] in civilian deaths. [00:46.440 --> 00:52.960] It also pointed out human trafficking, restrictions on press and religion, torture and poor prison [00:52.960 --> 00:54.320] conditions. [00:54.320 --> 01:04.240] In Somalia, a brief mention was given to the massive civilian toll from NATO airstrikes. [01:04.240 --> 01:10.920] In Somalia, 43 people were killed and hundreds wounded in the past 48 hours as dueling offensives [01:10.920 --> 01:16.320] by the African Union-backed Somali government and the militant faction led to some of the [01:16.320 --> 01:19.160] fiercest fighting in weeks. [01:19.160 --> 01:24.600] Most of the casualties were civilians and fighting prevented wounded people from being rescued [01:24.600 --> 01:27.480] as they lay dying in the street. [01:27.480 --> 01:33.240] Karl Rove, a senior adviser to former President George Bush, has defended harsh interrogation [01:33.240 --> 01:38.520] techniques such as waterboarding, saying he was proud of the intelligence the U.S. gained [01:38.520 --> 01:40.120] from using them. [01:40.120 --> 01:46.800] Rove was often referred to as Bush's brain and is credited with Bush's electoral successes. [01:46.800 --> 01:52.480] Last January, Barack Obama barred the use of waterboarding after defining it as a form [01:52.480 --> 01:57.600] of torture. [01:57.600 --> 02:03.480] A bank examiner's report says Lehman Brothers used accounting's sleight of hand to conceal [02:03.480 --> 02:07.120] the bad investments that led to its undoing. [02:07.120 --> 02:12.640] The report concluded Lehman died from bad mortgage holdings and, less directly, demands [02:12.640 --> 02:18.640] by rivals like JPMorgan Chase and Citigroup that the Founding Bank post-collateral against [02:18.640 --> 02:25.240] loans it desperately needed, but the examiner Anton Valloukas laid out what the report characterized [02:25.240 --> 02:31.200] as, quote, materially misleading accounting gimmicks that Lehman used to mask the perilous [02:31.200 --> 02:33.200] state of its finances. [02:33.200 --> 02:38.160] Lehman's bankruptcy, the largest in U.S. history, shook the financial world. [02:38.160 --> 02:42.960] According to the report, Lehman used what amounted to financial engineering to temporarily [02:42.960 --> 02:48.800] shuffle $50 billion of troubled assets off its books in the month before its collapse [02:48.800 --> 02:57.160] in September 2008 to conceal its dependence on borrowed money. [02:57.160 --> 03:11.840] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech [03:11.840 --> 03:28.200] talk radio at its best. [03:28.200 --> 03:53.200] You are listening to the Rule of Law Radio Network at its best. [03:53.200 --> 04:21.200] You are listening to the Rule of Law Radio Network at its best. [04:21.200 --> 04:35.720] All right, bad boys, what are you going to do when we come for you? [04:35.720 --> 04:44.800] This is the Rule of Law, Randy Kelton, Eddie Craig, and Deborah Stevens coming out of an [04:44.800 --> 04:52.160] unbelievable weekend, architects and engineers for 9-11 Truth press conference here in Austin. [04:52.160 --> 05:02.480] I was really working hard to make this event pull off well, and Randy, when I was driving [05:02.480 --> 05:11.000] home or traveling home, I should say, after setting up Friday night drenched in sweat, [05:11.000 --> 05:15.720] makeup smeared and running down my face, I hear Randy saying that Deborah has the night [05:15.720 --> 05:16.720] off. [05:16.720 --> 05:17.720] Oh, yeah, right. [05:17.720 --> 05:22.200] I wish I had anything but the night off, I was going to say. [05:22.200 --> 05:26.520] I don't think so, but at any rate, it was a fantastic event, people. [05:26.520 --> 05:30.820] We had probably almost 400 people out at the max. [05:30.820 --> 05:32.320] We had Alice Jones. [05:32.320 --> 05:33.720] We had Ron Avery. [05:33.720 --> 05:35.440] We had Dr. Al Hayes. [05:35.440 --> 05:36.840] Oh, man. [05:36.840 --> 05:42.480] And Lieutenant Colonel Bob Bowman, but last but not least, and actually wasn't last on [05:42.480 --> 05:48.240] the list, but I've got to say, Derek Johnson absolutely stole the show. [05:48.240 --> 05:51.480] I mean, he hit it out of the ballpark. [05:51.480 --> 05:58.000] He has foiled recent information and splaining, I would say. [05:58.000 --> 06:03.680] Like Lucy, you got some splaining to do from NIST, brand new material. [06:03.680 --> 06:06.040] You've got to see this guy's presentation, people. [06:06.040 --> 06:08.120] We're going to have him on the air, and this is radio. [06:08.120 --> 06:13.080] At some point, I believe Alex Jones is going to have him in the studio to present his presentation [06:13.080 --> 06:16.520] again, and the video of the event will be posted soon. [06:16.520 --> 06:18.600] George Butler is in charge of that video part. [06:18.600 --> 06:20.440] I have posted the audio. [06:20.440 --> 06:21.440] It's on the archive page. [06:21.440 --> 06:26.480] I just got that posted today, but you've got to see this guy's presentation. [06:26.480 --> 06:34.200] Derek Johnson, EIT, CWI, engineer in training, that means he's got a degree, and he's in [06:34.200 --> 06:37.920] graduate studies of engineering, and he's a certified welding inspector. [06:37.920 --> 06:40.880] He's been in the foundry business ever since he was a child. [06:40.880 --> 06:45.440] His family's been in the foundry business for generations, apparently. [06:45.440 --> 06:52.360] He has basically extracting, pulling teeth to get more information out of NIST concerning [06:52.360 --> 06:54.960] their explanation of Building 7. [06:54.960 --> 07:00.800] You should see the cartoon modeling images, like little video, the cartoon video that [07:00.800 --> 07:06.880] NIST gave him with the official NIST seal on every single frame of this video, people, [07:06.880 --> 07:16.440] and it shows gigantic beams hanging in midair and spinning outside the building for many [07:16.440 --> 07:25.160] seconds before gently cascading down the ground, and we're like, what is that? [07:25.160 --> 07:31.280] Derek said, what are these people, you know, teenagers smoking bong hits could have come [07:31.280 --> 07:32.880] up with something better than this. [07:32.880 --> 07:35.360] I mean, unbelievable people. [07:35.360 --> 07:40.480] This is what the government would expect us to believe, that gigantic steel beam girders [07:40.480 --> 07:45.760] are like defying the laws of gravity, spinning in midair and like floating around. [07:45.760 --> 07:50.440] Okay, this is the government NIST report of Building 7. [07:50.440 --> 07:53.800] At any rate, you guys got to hear his presentation. [07:53.800 --> 07:55.400] You got to see his presentation. [07:55.400 --> 07:57.480] Derek absolutely stole the show. [07:57.480 --> 07:59.240] I was way, way, way impressed. [07:59.240 --> 08:02.120] Randy, what did you think? [08:02.120 --> 08:06.180] I think enthralled was the term. [08:06.180 --> 08:09.520] We had our setup in the back, but that was too far away. [08:09.520 --> 08:14.320] I had to go down and sit in the audience and get up closer so I could, at my age, you don't [08:14.320 --> 08:16.960] see so far so well, but it was... [08:16.960 --> 08:22.640] We had the, his PowerPoint presentation was like on this gigantic screen, Randy. [08:22.640 --> 08:25.920] Well, it was out of focus. [08:25.920 --> 08:28.800] A little bit out of focus for Randy. [08:28.800 --> 08:34.480] Anybody out there my age knows the problem, but it was a very technical... [08:34.480 --> 08:36.360] That's what I came for. [08:36.360 --> 08:44.080] This was an engineer treating this from an engineer's perspective, and he gave real hard [08:44.080 --> 08:50.120] data, not just hard, hard to controvert. [08:50.120 --> 08:56.200] I wouldn't want to be the guy sitting on the other side having proposed the nonsense that [08:56.200 --> 08:57.200] Derek was dealing with. [08:57.200 --> 08:58.200] Oh my goodness. [08:58.200 --> 08:59.200] Extremely well done. [08:59.200 --> 09:00.400] Absolutely amazing. [09:00.400 --> 09:03.940] We got to have him on as a guest. [09:03.940 --> 09:08.880] We had an interview, a post-event interview with him, and also we went out to dinner with [09:08.880 --> 09:14.480] him and the whole crew afterwards, and we were asking him how he got into this, and [09:14.480 --> 09:18.160] he didn't start off as some big 9-11 truther. [09:18.160 --> 09:23.400] He comes from a hardcore engineering background, foundry background, and he really wanted the [09:23.400 --> 09:30.920] official story to be true, but he had to analyze all the data, and it just became obvious which [09:30.920 --> 09:36.920] side he had to fall on, and now he's having to deal with his colleagues, and having to [09:36.920 --> 09:40.920] deal with this nonsense, government, NIST report. [09:40.920 --> 09:44.920] It's just absolutely outrageous what they would have people believe. [09:44.920 --> 09:49.040] Anybody in their right mind could possibly believe this. [09:49.040 --> 09:54.280] The way Derek said that it was like when he was reading this over, he said what NIST did [09:54.280 --> 09:59.520] was draw a tinker toy model and throw a brick at it, and said that that's what happened. [09:59.520 --> 10:06.840] He's waiting for Wile E. Coyote to come traipsing through their little video with the plunger. [10:06.840 --> 10:08.880] Seriously, that's how bad it is, folks. [10:08.880 --> 10:10.880] They didn't even try. [10:10.880 --> 10:15.640] They probably slapped the whole thing together in ten minutes right before the FedEx man [10:15.640 --> 10:22.240] was due to show up to deliver the FOIA, because he got this from FOIA, and the government [10:22.240 --> 10:24.800] agencies always wait until the last minute. [10:24.800 --> 10:28.080] That's why they always have to FedEx the FOIAs. [10:28.080 --> 10:29.280] That's probably how bad it was. [10:29.280 --> 10:30.280] Go ahead, Eddie. [10:30.280 --> 10:34.300] Well, the thing is, you've got to remember, this is the same government that gave us the [10:34.300 --> 10:38.160] magic bullet theory in the Kennedy assassination. [10:38.160 --> 10:44.040] The bullet that makes two 90-degree turns, hangs in midair for a second and a half before [10:44.040 --> 10:47.400] it continues on the second turn, and so on and so forth. [10:47.400 --> 10:49.320] Why wouldn't they think we would buy it? [10:49.320 --> 10:50.320] Yeah. [10:50.320 --> 10:54.480] Well, we ain't buying it, and he made some really good points at dinner about not wanting [10:54.480 --> 11:00.560] the 9-11 tooth movement to get stuck in the mud, kind of like what happened with the investigation [11:00.560 --> 11:06.000] of what happened with JFK, where it's kind of like, okay, it's however many decades later, [11:06.000 --> 11:10.320] and yeah, everybody knows the government did it, but there's really nothing that can be [11:10.320 --> 11:15.160] done about it, because all the perps are dead, and it's just one of those things like, well, [11:15.160 --> 11:18.040] yeah, everybody knows, but so what? [11:18.040 --> 11:23.560] We don't want it to be like that, and so Derek was talking about the elemental analysis, [11:23.560 --> 11:30.600] the free elemental analysis, where there are files where anyone can run it through this [11:30.600 --> 11:38.560] particular type of software to come up with the analysis, and NISS will not give him the [11:38.560 --> 11:44.360] garbage in so that he can crank the garbage out, and so that's what he's working on right [11:44.360 --> 11:49.160] now, and we're just going to have to take this to the next level, but at any rate, just [11:49.160 --> 11:52.680] wanted to report that it was a fantastic event. [11:52.680 --> 11:57.400] If we had had about another week to promote it, we would have packed the place out, but [11:57.400 --> 12:02.760] I just found out about it a week before the event, and originally Ron was planning on [12:02.760 --> 12:06.720] just having it as a small event, and I said, no, no, no, no, no, what is this? [12:06.720 --> 12:11.840] You're getting a room for 40 people, no, that's not, no, we got to do this, we got to broadcast [12:11.840 --> 12:19.600] it and get other guest speakers, and so I was able to contact the Infowars team, and [12:19.600 --> 12:26.040] they got Alex Jones to come be a speaker, and so the whole thing, I think, was a fantastic [12:26.040 --> 12:32.040] success, it was broadcast on AM and FM stations all over the country, and it was also streamed [12:32.040 --> 12:36.440] live video, the video archive will be posted soon, I've got the audio archive already, [12:36.440 --> 12:42.000] I want to thank all the affiliates out there, Madison, Wisconsin, we've got St. Louis, just [12:42.000 --> 12:47.880] got an email from the affiliate in St. Louis saying it was a colossal broadcast, got affiliates [12:47.880 --> 12:51.640] in Idaho, we've got affiliates all over the Midwest that broadcast the event, want to [12:51.640 --> 12:56.560] thank them, and we certainly hope that a lot of people got a lot of new information that [12:56.560 --> 13:02.400] they had never seen or heard before, I certainly did, especially from Derek Johnson, just amazing. [13:02.400 --> 13:06.640] So just wanted to give that little recap and thank Chris Emery and Kay Beach for coming [13:06.640 --> 13:10.560] out from Oklahoma City, they really, really helped out, I don't know how I would have [13:10.560 --> 13:16.640] done it without you guys, Randy, you and Kay and Chris, because I was expecting that I [13:16.640 --> 13:21.000] was going to be broadcasting and doing the commentary in between the speakers, but since [13:21.000 --> 13:25.280] I was also running live sound and people were demanding of me to help with the video and [13:25.280 --> 13:29.440] the lighting and everything else, I mean, there was hardly time for me to be on the [13:29.440 --> 13:34.520] mic, so I really appreciate you guys, thanks a lot, really appreciate it, went off very [13:34.520 --> 13:36.920] well. [13:36.920 --> 13:43.320] So without further ado, tonight is Monday night, and that means it is traffic night, [13:43.320 --> 13:49.200] Eddie's night, and apparently you guys were discussing some traffic issues on Friday that [13:49.200 --> 13:51.120] you wanted to continue with. [13:51.120 --> 13:58.560] Yeah, we were basically working on the step-by-step outline of the procedures to go through once [13:58.560 --> 14:00.760] you get a traffic ticket. [14:00.760 --> 14:06.880] We were having some debate and discussion on each step as we went through it to basically [14:06.880 --> 14:13.120] enlarge the picture for folks, as you will, so that they can get a better grasp of these [14:13.120 --> 14:15.640] are the things you do and why you do them. [14:15.640 --> 14:21.200] So, Randy, where did we leave off in your notes? [14:21.200 --> 14:31.640] We went to the clerk, and if the records were kept solely on computer, we get a copy of [14:31.640 --> 14:39.120] – we go within five days of the ticket, get a copy of everything that's in the record, [14:39.120 --> 14:47.480] two copies, and then file one copy in the record and keep a copy so that we can verify [14:47.480 --> 14:49.280] what was there at the time. [14:49.280 --> 14:53.760] Yeah, and don't forget to write your name across the front of anything you file in the [14:53.760 --> 14:55.000] record. [14:55.000 --> 14:57.840] Preferably in blue ink. [14:57.840 --> 15:05.200] And then we asked to be brought before a magistrate, and we'll get some song and dance and seltzer [15:05.200 --> 15:09.640] down your pants over that. [15:09.640 --> 15:12.080] Then what's our next step? [15:12.080 --> 15:13.080] Okay. [15:13.080 --> 15:15.320] Now, we've asked to see the magistrate. [15:15.320 --> 15:19.000] Let's presume the magistrate's not available and we're told we have to come back at the [15:19.000 --> 15:23.280] regular date on the ticket or whatever, which we do. [15:23.280 --> 15:28.480] But remember that you want to go in the day before you make your actual appearance before [15:28.480 --> 15:32.720] the magistrate and check the record one more time. [15:32.720 --> 15:37.860] And you want to get anything new that's been added, same scenario as before. [15:37.860 --> 15:41.720] If there's nothing in the folder, tell them to check the computer. [15:41.720 --> 15:43.240] What else is new? [15:43.240 --> 15:44.880] Give me two copies. [15:44.880 --> 15:46.960] Write your name across the front of one. [15:46.960 --> 15:51.080] Tell them to file it in the folder and also get your copy stamped by them that they were [15:51.080 --> 15:53.640] filed in the folder, okay? [15:53.640 --> 15:56.500] Always get your copy stamped by the clerk. [15:56.500 --> 16:02.280] Always make sure they stamp everything that's gone into the folder, okay? [16:02.280 --> 16:06.680] Now, you go in to see the magistrate. [16:06.680 --> 16:10.240] Magistrate's going to, very first thing, want to know how to be... [16:10.240 --> 16:11.240] Okay, wait, wait, wait. [16:11.240 --> 16:12.240] Wait, hold on. [16:12.240 --> 16:15.400] Yeah, we're not really going to see the magistrate now. [16:15.400 --> 16:20.960] We want to see the magistrate, but we're actually going to be going to see a judge. [16:20.960 --> 16:26.120] Well, that's what the magistrate thinks they're going to be, yes. [16:26.120 --> 16:33.040] Yeah, they're going to act like a judge and they're going to want you to engage in their [16:33.040 --> 16:36.360] routine, but you're going to want to have an examining trial. [16:36.360 --> 16:41.200] Yeah, we'll get back into that on the other side of the break there, folks. [16:41.200 --> 17:00.800] So hang with us and we'll pick this up on the other side. [17:00.800 --> 17:05.760] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so [17:05.760 --> 17:09.480] easy and neither is finding like-minded people to share it with. [17:09.480 --> 17:12.400] Oh, well, I guess you haven't heard of Brave New Books, then. [17:12.400 --> 17:13.400] Brave New Books? [17:13.400 --> 17:18.200] Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex [17:18.200 --> 17:20.760] Jones, Ron Paul, and G. Edward Griffin. [17:20.760 --> 17:24.200] They even stock inner food, Berkey products, and Calvin Soaps. [17:24.200 --> 17:27.080] There's no way a place like that exists. [17:27.080 --> 17:28.560] Go check it out for yourself. [17:28.560 --> 17:32.920] It's downtown at 1904 Guadalupe Street, just south of UT. [17:32.920 --> 17:36.200] By UT, there's never anywhere to park down there. [17:36.200 --> 17:41.560] Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking [17:41.560 --> 17:43.600] Facility, just behind the bookstore. [17:43.600 --> 17:47.480] It does exist, but when are they open? [17:47.480 --> 17:52.000] Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays. [17:52.000 --> 18:07.000] So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com. [18:07.000 --> 18:33.360] All right, we asked the questions, and they do not want to give us the answers, but we're [18:33.360 --> 18:34.360] getting them anyway. [18:34.360 --> 18:37.280] All right, go ahead, Randy. [18:37.280 --> 18:45.880] Yeah, I was commenting that when we come back the second time at their direction, they're [18:45.880 --> 18:50.880] going to expect us to appear before a judge. [18:50.880 --> 18:53.880] And this is a fine distinction, right? [18:53.880 --> 18:59.000] He is a judge, but we didn't agree to appear before a judge when we signed the promise [18:59.000 --> 19:01.120] to appear. [19:01.120 --> 19:07.720] And the officer was not authorized to release us on our signature for the purpose of appearing [19:07.720 --> 19:10.080] before a judge. [19:10.080 --> 19:17.480] He was by statute authorized to release us on our signature to appear before a magistrate. [19:17.480 --> 19:25.560] Now, this person that we're walking in front of may actually be a judge, but in this instance, [19:25.560 --> 19:29.440] he's not sitting in the capacity of the judge. [19:29.440 --> 19:36.720] He is, as far as we're concerned, he must be sitting in the capacity of a magistrate. [19:36.720 --> 19:40.280] And that's what, and he straightened me out on the break. [19:40.280 --> 19:45.640] Yeah, what I was going to say is when you go before this dude or lady, then what you're [19:45.640 --> 19:48.840] going to ask is in what capacity are you sitting? [19:48.840 --> 19:54.420] Now, I can guarantee you most of them are going to look at you and not have a clue what [19:54.420 --> 19:56.040] you just asked them. [19:56.040 --> 20:00.920] It just proves how inept they actually are in most cases, okay? [20:00.920 --> 20:06.160] But when you say in what capacity are you sitting, and they give you that blank stare, [20:06.160 --> 20:10.640] are you sitting as a magistrate or are you sitting as a judge? [20:10.640 --> 20:14.120] And you pay very close to the answer you get. [20:14.120 --> 20:21.560] If they say anything other than sitting as a magistrate, okay, then you're going to object. [20:21.560 --> 20:23.360] Objection. [20:23.360 --> 20:27.120] I was ordered to appear before a magistrate. [20:27.120 --> 20:32.360] The duties of a magistrate and a judge are different, which I am sure, Judge, you are [20:32.360 --> 20:33.800] well aware. [20:33.800 --> 20:37.200] So I ask again, in what capacity are you sitting? [20:37.200 --> 20:42.800] Now, be kind, be nice, you don't have to be gruff and huffy and all that other good stuff. [20:42.800 --> 20:44.600] Always give them the benefit of the doubt. [20:44.600 --> 20:49.440] We know they're stupid, but try not to treat them that way, okay? [20:49.440 --> 20:51.920] Give them the benefit of the doubt. [20:51.920 --> 20:55.800] If they still insist they're sitting as a judge, then keep objecting. [20:55.800 --> 20:59.800] Eventually, they're going to get the idea that the statute clearly says that you're [20:59.800 --> 21:03.960] to appear before someone sitting as a magistrate. [21:03.960 --> 21:05.960] Bring that to their attention. [21:05.960 --> 21:07.240] Objection. [21:07.240 --> 21:14.720] Article 1517, Code of Criminal Procedure specifically states that the magistrate shall inform me [21:14.720 --> 21:16.880] of my rights. [21:16.880 --> 21:17.880] And they're going to look at you again. [21:17.880 --> 21:21.440] Well, you're not here under 1517, really? [21:21.440 --> 21:24.160] Then under what section am I here? [21:24.160 --> 21:29.360] Well, you're here under Article 26. [21:29.360 --> 21:32.040] I'm sorry, I'm here for the purpose of an arraignment. [21:32.040 --> 21:33.240] I don't understand. [21:33.240 --> 21:35.040] How can I be here for an arraignment? [21:35.040 --> 21:41.440] I haven't had a probable cause hearing determination made yet, okay? [21:41.440 --> 21:46.720] And I can't be here for an arraignment if I was told to appear before a magistrate, [21:46.720 --> 21:51.720] because I don't believe it's an magistrate that can arraign you, is it, Randy? [21:51.720 --> 21:52.720] No. [21:52.720 --> 21:58.880] Only a county judge can arraign you as you and I read the code. [21:58.880 --> 22:06.840] Well, that was true before, but remember, they've changed it now where they say that [22:06.840 --> 22:10.880] now you can be ordered back at a later date, okay? [22:10.880 --> 22:11.880] Let's see. [22:11.880 --> 22:16.080] After an accused charged, this is 1517B, folks. [22:16.080 --> 22:19.520] After an accused charged with a misdemeanor punishable of a fine only is taken before [22:19.520 --> 22:24.400] a magistrate under subsection A and the magistrate has identified the accused with certainty, [22:24.400 --> 22:28.160] the magistrate may release the accused without bond in order to be accused to appear at a [22:28.160 --> 22:32.320] later date for arraignment in the applicable justice or municipal court. [22:32.320 --> 22:36.360] That used to say the county or statutory county court. [22:36.360 --> 22:42.520] However, it would appear that one of our listeners out there has gone to court and had the district [22:42.520 --> 22:52.320] attorney admit that a justice court and municipal court can't hold an arraignment. [22:52.320 --> 22:58.680] I can find no authority in law anywhere other than what they changed in this statute right [22:58.680 --> 23:06.080] here that says anything about either of those two courts being able to hold an arraignment. [23:06.080 --> 23:09.160] Absolutely none. [23:09.160 --> 23:19.960] So where are they granting these courts authority in this one location when, you know, it doesn't [23:19.960 --> 23:21.600] exist anywhere else? [23:21.600 --> 23:24.260] And here's their other problem, okay? [23:24.260 --> 23:26.200] The order of things is messed up. [23:26.200 --> 23:29.260] Now we've covered this before, okay? [23:29.260 --> 23:31.680] You get charged. [23:31.680 --> 23:35.420] You're brought before a magistrate, either or. [23:35.420 --> 23:45.240] The magistrate has to have a probable cause examination for the purpose of establishing [23:45.240 --> 23:50.720] whether or not there is enough evidence to proceed to an actual trial. [23:50.720 --> 23:55.160] The judge is supposed to seal up those records and forward them to the clerk of the court [23:55.160 --> 23:57.920] after he writes his name across the seal. [23:57.920 --> 24:03.360] That right there alone negates the possibility of those records being maintained solely on [24:03.360 --> 24:05.640] the computer. [24:05.640 --> 24:10.480] If they have been maintained solely on the computer, that means somebody's acting in [24:10.480 --> 24:14.240] violation of 1517. [24:14.240 --> 24:19.360] Because the judge can't write his name across the seal of a computer, can he? [24:19.360 --> 24:20.920] All right? [24:20.920 --> 24:28.160] Now once the judge does that and forwards that according to the state constitution, [24:28.160 --> 24:34.080] the next step in the process is that the prosecuting attorney is supposed to reduce this to a bill [24:34.080 --> 24:42.400] of indictment unless, and only unless, the accused has signed a written waiver of indictment [24:42.400 --> 24:43.400] pursuant... [24:43.400 --> 24:49.060] Wait, wait, wait, wait, wait, he's supposed to reduce it to an information. [24:49.060 --> 24:51.320] Not according to what the constitution says. [24:51.320 --> 24:58.600] No, the only one who can, you can only have an indictment. [24:58.600 --> 25:02.560] I said a bill of indictment. [25:02.560 --> 25:04.320] What is a bill of indictment? [25:04.320 --> 25:08.640] Bill of indictment is what the prosecutor is supposed to give to the grand jury according [25:08.640 --> 25:09.640] to the constitution. [25:09.640 --> 25:14.560] Well, according to the code, he's supposed to reduce the complaint to an information [25:14.560 --> 25:19.440] and submit them both to the grand jury. [25:19.440 --> 25:26.520] So it may be that what they're calling a bill of indictment is actually a information. [25:26.520 --> 25:28.000] We actually looked that up. [25:28.000 --> 25:32.200] We've looked up Black's Law's definition of what an information is, what a bill of indictment [25:32.200 --> 25:34.040] is and what a presentment is. [25:34.040 --> 25:35.040] And how are they different? [25:35.040 --> 25:36.040] Okay. [25:36.040 --> 25:38.720] How is a bill of indictment and information different? [25:38.720 --> 25:40.800] Okay, this is how they're different. [25:40.800 --> 25:46.280] A bill of indictment is what the government initiates against the accused and sends to [25:46.280 --> 25:50.520] the grand jury for the purposes of an indictment, okay? [25:50.520 --> 25:58.200] And information is what's generated if and only if an indictment waiver has been made. [25:58.200 --> 26:01.880] Otherwise, there's no information to generate. [26:01.880 --> 26:03.560] Well, now... [26:03.560 --> 26:09.440] The presentment is something that's created and presented by a member of the grand jury [26:09.440 --> 26:12.880] themselves without outside intervention. [26:12.880 --> 26:18.200] Okay, then that document that once a prosecuting attorney has made known that a crime has been [26:18.200 --> 26:21.960] committed, he shall reduce the complaint to an information, so it says. [26:21.960 --> 26:22.960] And if... [26:22.960 --> 26:27.480] No, he shall reduce the complaint to writing and then make an information and attach it [26:27.480 --> 26:28.480] there too. [26:28.480 --> 26:29.480] Okay. [26:29.480 --> 26:30.960] Yeah, he has the... [26:30.960 --> 26:34.360] It's not a complaint until it's reduced to writing. [26:34.360 --> 26:39.160] It's complaining until it's reduced to writing and then he has a criminal complaint and he [26:39.160 --> 26:48.640] has the witness sign the complaint and then he reduces it to an information. [26:48.640 --> 26:54.120] So I guess at that point, if he's required to present it to the grand jury, then that [26:54.120 --> 26:58.720] information will act as a bill of indictment because I can't see it. [26:58.720 --> 27:01.840] The bill of indictment is going to be essentially exactly the same thing. [27:01.840 --> 27:05.120] Well, what I think they've actually done, Randy, is what they've done with the rest [27:05.120 --> 27:06.800] of the statutes. [27:06.800 --> 27:13.080] What I think they've done is attempted to facilitate the information and use it in place [27:13.080 --> 27:18.040] of a bill of indictment so that they're not generating two pieces of paper. [27:18.040 --> 27:25.680] And if they're both substantially the same, then that's not really an issue. [27:25.680 --> 27:31.320] Well, it could be because one reason that I think it could be is because an information [27:31.320 --> 27:39.440] presupposes the waiver of the right to an indictment by generating that information [27:39.440 --> 27:46.840] before it's ever gone to a grand jury and using that information for the purposes of [27:46.840 --> 27:52.240] garnering the indictment or before the indictment or not giving you one at all, which we know [27:52.240 --> 27:59.040] they're not doing, plus the fact that when you go into these courts and they tell you [27:59.040 --> 28:04.880] to sign any document, you need to look that document over carefully because I guarantee [28:04.880 --> 28:08.160] you that document is going to contain two things on it. [28:08.160 --> 28:13.360] The accused hereby waives their right to an arraignment and you waive your right to an [28:13.360 --> 28:19.720] examining trial and quite possibly they're going to try to sneak in the waiver of indictment. [28:19.720 --> 28:26.120] Now they can't do that if you notice it, but if you never object to it, despite what the [28:26.120 --> 28:31.880] rules say about it having to be done in open court with counsel present, since they're [28:31.880 --> 28:38.200] not following the majority of the rules anyway, I don't give them one bit of consensus that [28:38.200 --> 28:46.440] they'd be willing to follow that rule at all, not if they think they can slip it by. [28:46.440 --> 28:53.800] But since we know that according to the Constitution, all misdemeanors and felonies require an [28:53.800 --> 28:57.920] indictment, period, the Constitution is very clear about that. [28:57.920 --> 29:05.160] Where does the Constitution require a bill of indictment? [29:05.160 --> 29:10.640] Look at section 17 of Article 5. [29:10.640 --> 29:23.520] I want to get that sorted out, the subtlety of the differences, so I can make a good argument. [29:23.520 --> 29:29.280] Now, an information according to Black's law, this is the specific definition out of Black's. [29:29.280 --> 29:37.360] An accusation exhibited against a person for some criminal offense without an indictment. [29:37.360 --> 29:38.360] You catch that? [29:38.360 --> 29:39.360] Without. [29:39.360 --> 29:40.360] Yes. [29:40.360 --> 29:53.080] Yes, and okay, we'll get to this after the break, but okay, well, I'll go sort it out. [29:53.080 --> 29:54.080] Okay. [29:54.080 --> 29:55.080] All right. [29:55.080 --> 30:05.080] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [30:05.080 --> 30:09.360] Stop debt collectors now with the Michael Mears proven method. [30:09.360 --> 30:13.680] Michael Mears has won six cases in federal court against debt collectors, and now you [30:13.680 --> 30:15.000] can win too. 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[30:57.560 --> 31:21.480] To learn how to stop debt collectors now. [31:27.560 --> 31:52.320] All right. [31:52.320 --> 31:54.320] We're talking about bills of indictment. [31:54.320 --> 31:56.320] All right, guys. [31:56.320 --> 31:59.320] Okay. [31:59.320 --> 32:04.840] I'm looking at this and looking at the Code of Criminal Procedure, and it requires that [32:04.840 --> 32:10.640] when a prosecuting attorney is made known to crimes committed, he shall reduce the complaint. [32:10.640 --> 32:15.960] He shall have the complaint reduced to writing and cause the witness to sign it. [32:15.960 --> 32:20.600] Then he shall reduce the complaint from information, submit them both to the grand jury. [32:20.600 --> 32:29.320] And on the break, we were tossing back and forth how it was my position that when the [32:29.320 --> 32:34.320] information is presented to the grand jury in the form of a complaint, it would effectively [32:34.320 --> 32:40.680] be a bill of indictment, or not a bill of indictment. [32:40.680 --> 32:41.680] Okay. [32:41.680 --> 32:48.000] Well, according to what we've got in the government code, statutory county courts specifically, [32:48.000 --> 32:50.000] okay? [32:50.000 --> 33:01.520] For instance, Section 25.0634 talks about involving, in addition to the jurisdiction [33:01.520 --> 33:08.600] provided by Section 25.0003 and other law, the county criminal courts of Denton County [33:08.600 --> 33:13.720] have felony jurisdiction concurrent with the district court over matters involving intoxication [33:13.720 --> 33:18.360] arising by a true bill of indictment by a grand jury. [33:18.360 --> 33:19.360] Yeah. [33:19.360 --> 33:20.360] A true bill. [33:20.360 --> 33:21.360] Right. [33:21.360 --> 33:27.920] A true bill of indictment is presented to the clerk in open court. [33:27.920 --> 33:34.880] And that's generally, yeah, but that's a true bill of indictment. [33:34.880 --> 33:40.640] That's the only place in Texas statute, unless it's in the administrative code, that the [33:40.640 --> 33:44.760] term bill of indictment appears is in that section, and it appears twice. [33:44.760 --> 33:53.520] So it would, okay, and what the Code of Criminal Procedure says is that the prosecuting attorney [33:53.520 --> 34:02.000] will take the complaint and prepare an information, submit them both to the grand jury. [34:02.000 --> 34:07.620] And if the grand jury votes to true bill, then the foreman will gather up all the evidence [34:07.620 --> 34:13.240] and all the documents had and forward them to the prosecuting attorney and request that [34:13.240 --> 34:18.600] he prepare an indictment. [34:18.600 --> 34:26.520] So he does prepare the indictment, but after they voted to true bill, the prosecutor then [34:26.520 --> 34:36.080] prepares the indictment and the grand jury presents that to the court, to the clerk in [34:36.080 --> 34:42.340] open court, or presents it to the court, and the clerk shall make notations of the fact [34:42.340 --> 34:46.280] of the indictment on the minutes of the court. [34:46.280 --> 34:47.280] Okay. [34:47.280 --> 34:52.280] Well, then once again, then if they're saying that the grand jury in the statute gives it [34:52.280 --> 34:55.000] to the prosecuting attorney, that also is... [34:55.000 --> 34:56.000] No, no, no. [34:56.000 --> 34:57.000] Gives it. [34:57.000 --> 34:58.000] Wait a minute. [34:58.000 --> 34:59.000] Yeah. [34:59.000 --> 35:00.000] Not the indictment. [35:00.000 --> 35:06.800] They get it from the prosecuting attorney after they've ruled a true bill. [35:06.800 --> 35:12.280] They give him back the information and the complaint and all the information they had [35:12.280 --> 35:17.760] and ask him to prepare a true bill, I mean a bill of indictment. [35:17.760 --> 35:18.760] Okay. [35:18.760 --> 35:20.480] Well, but that's what I'm saying. [35:20.480 --> 35:24.280] That's not what the Constitution says they do. [35:24.280 --> 35:30.320] Article 5, Section 17 specifically says that the grand juries of the district courts hand [35:30.320 --> 35:35.720] down the indictment to the district judge who then hands them down to the court having [35:35.720 --> 35:37.160] jurisdiction. [35:37.160 --> 35:43.160] It doesn't go to the prosecutor until it gets from the district judge's hands, who is responsible [35:43.160 --> 35:45.440] to ensure it goes to the proper court. [35:45.440 --> 35:55.160] I'm looking at Article 5, Section 17, and that goes to, it must be the wrong place because [35:55.160 --> 35:57.360] this is about terms of county court. [35:57.360 --> 36:01.440] Now, I'll speak to the second sentence. [36:01.440 --> 36:05.600] The county court shall hold terms as provided by law. [36:05.600 --> 36:09.920] Misdemeanors may be commenced in said court by information filed to the county attorney [36:09.920 --> 36:13.240] or by affidavit as may be provided by law. [36:13.240 --> 36:18.400] Grand juries and paneled in the district courts shall inquire into misdemeanors and all indictments [36:18.400 --> 36:24.520] thereof returned into the district courts shall forthwith be certified to the county [36:24.520 --> 36:29.480] courts or other inferior courts having jurisdiction to try them for trial. [36:29.480 --> 36:34.480] And if such indictment be quashed in the county or other inferior court, the person charged [36:34.480 --> 36:39.400] shall not be discharged if there is probable cause of guilt but may be held by such court [36:39.400 --> 36:44.320] or magistrate to answer an information or affidavit. [36:44.320 --> 36:47.840] And say they've completely skipped the indictment process. [36:47.840 --> 36:55.240] Yes, they have, I agree, but this doesn't conflict at all with the way they're actually [36:55.240 --> 37:02.880] doing it in the district court except that the complaints are being given to lower courts [37:02.880 --> 37:07.520] and it appears as though they all go to the district court and then the district court [37:07.520 --> 37:12.280] through the grand jury meets them out to where they go. [37:12.280 --> 37:14.280] Right. [37:14.280 --> 37:17.360] Interesting. [37:17.360 --> 37:25.560] So the information could essentially, that doesn't really create any kind of due process [37:25.560 --> 37:34.200] or constitutional conflict wherein the prosecuting attorney uses the information and the only [37:34.200 --> 37:40.000] difference between a complaint and an information is the complaint's intended to be prepared [37:40.000 --> 37:48.080] by a non-learned counsel and an information is prepared by learned counsel. [37:48.080 --> 37:52.720] They both have essentially the same elements. [37:52.720 --> 37:57.360] It's just the prosecutor prepares one to make sure it meets all the requirements of law. [37:57.360 --> 38:02.640] He gives them both to the grand jury on a true bill then the grand jury asks him to [38:02.640 --> 38:10.360] prepare the indictment and then the foreman signs the indictment and a quorum of the grand [38:10.360 --> 38:15.880] jury must present the indictment to the court. [38:15.880 --> 38:18.560] So that's a pretty clean mechanism. [38:18.560 --> 38:22.160] Now it's generally not always not done that way. [38:22.160 --> 38:28.960] Johnson County actually does it that way but Travis County doesn't. [38:28.960 --> 38:33.520] The county I lived in, the prosecutor and the former of the grand jury brought the indictments [38:33.520 --> 38:35.920] to the clerk. [38:35.920 --> 38:37.880] So we don't know if there was a quorum or not. [38:37.880 --> 38:39.840] We don't know if it was ever voted on. [38:39.840 --> 38:40.840] Right. [38:40.840 --> 38:44.720] You know this kind of thing goes on all over the place so they don't follow that part but [38:44.720 --> 38:47.520] the way it's structured would be fine. [38:47.520 --> 38:53.280] The way I read this, all complaints would go to the district attorney. [38:53.280 --> 38:55.280] Right. [38:55.280 --> 38:56.480] That's the problem. [38:56.480 --> 39:01.400] They're sending everything through the district attorney for the prosecution process who is [39:01.400 --> 39:07.000] then basically circumventing your right to an indictment from an independent party. [39:07.000 --> 39:08.000] No, wait, wait, wait. [39:08.000 --> 39:11.600] No, that wasn't the issue I was bringing. [39:11.600 --> 39:16.640] The way I read this, all complaints are presented to the district attorney. [39:16.640 --> 39:17.640] They're not. [39:17.640 --> 39:21.160] But this requires that they all go to the district attorney. [39:21.160 --> 39:26.560] He gives them all to the grand jury and if they come back with the true bill then they [39:26.560 --> 39:29.920] meet them out to the court that it goes to. [39:29.920 --> 39:37.440] There's nothing here directing the complaints to anybody but the district attorney. [39:37.440 --> 39:41.560] So what are they doing giving these to county attorneys? [39:41.560 --> 39:46.200] Taffering with a government document the way I read it, yuck, yuck. [39:46.200 --> 39:50.520] Constitutional violation either way you look at it. [39:50.520 --> 39:56.280] So as you can see, folks, the way they're piece milling these constitutional amendments [39:56.280 --> 40:04.120] now, understand this, Article 1, Section 10 is now in direct conflict with the combined [40:04.120 --> 40:11.240] Article 5, Section 12B and Article 5, Section 17. [40:11.240 --> 40:15.440] Now my understanding of this is very simple. [40:15.440 --> 40:21.320] Article 1, Section 29 says that anything in violation of the Bill of Rights is void ab initio. [40:21.320 --> 40:29.480] I would presume that would include any subsequent constitutional amendments. [40:29.480 --> 40:36.280] The alteration of Article 1, Section 10 to remove the necessity of an indictment by a [40:36.280 --> 40:42.320] disinterested party, that party being the grand jury, and leaving that process strictly [40:42.320 --> 40:49.000] in the hands of those that are moving against you such as the DA and we know the judge is [40:49.000 --> 40:55.920] even though they're not supposed to be, and usually in the cases of these traffic tickets [40:55.920 --> 41:00.560] the agent of the state being the police officer. [41:00.560 --> 41:06.120] You're being charged, tried and summarized all by the same entity. [41:06.120 --> 41:10.480] For all intents and purposes the state's doing it all. [41:10.480 --> 41:15.120] There is no fourth branch of government standing between you and the state in the form of the [41:15.120 --> 41:19.400] grand jury without that indictment. [41:19.400 --> 41:24.400] That's a problem in my book. [41:24.400 --> 41:27.920] That's going to be fun when I get to court on these traffic tickets. [41:27.920 --> 41:33.000] Now let's argue the point about the additional, before we move on to the next step, let's [41:33.000 --> 41:40.200] argue the point of the additional violation of the Constitution in the failure to provide [41:40.200 --> 41:43.240] equal protection of the law. [41:43.240 --> 41:48.880] An indictment is necessary for anybody being sent to the penitentiary. [41:48.880 --> 41:50.880] It's mandatory. [41:50.880 --> 41:58.040] The right to counsel is mandatory if you're going to get sent to jail. [41:58.040 --> 42:05.280] If any punishment, regardless of level, involves imprisonment, they must give you counsel. [42:05.280 --> 42:09.240] So what they've done is they've determined that because even though you're being charged [42:09.240 --> 42:14.720] with a crime and the same level of proof is required for that Class C misdemeanor as it [42:14.720 --> 42:21.880] is for first degree felony murder, they've decided that because they can't actually imprison [42:21.880 --> 42:25.360] you, they can remove your right to counsel. [42:25.360 --> 42:28.480] They can remove your right to a grand jury indictment. [42:28.480 --> 42:31.000] They can remove your right to discovery. [42:31.000 --> 42:33.880] They can remove your right to an examining trial. [42:33.880 --> 42:42.240] And they can remove your right to an impartial jury. [42:42.240 --> 42:43.680] This is a problem. [42:43.680 --> 42:49.180] They've created a completely separate and distinct classification of crime that is denied [42:49.180 --> 42:55.520] equal protection of the law, period. [42:55.520 --> 43:00.440] Now, Randy, you got any way around that that I'm missing? [43:00.440 --> 43:07.160] Well, other than generic corruption, other than... [43:07.160 --> 43:11.720] When I expected an argument from you about, no, no, no, there's a way they can do it. [43:11.720 --> 43:13.220] What is it? [43:13.220 --> 43:17.760] This part about indictments really looks clear to me. [43:17.760 --> 43:23.520] You know, I'm an engineer and I'm pretty good at reading tech manuals and I can read these [43:23.520 --> 43:28.960] technical parameters and they look pretty clear. [43:28.960 --> 43:34.200] You know, if I read a tech manual that says, do not strike this particular object with [43:34.200 --> 43:36.320] a two-pound sledgehammer, it will break. [43:36.320 --> 43:42.160] I'm not going to strike it with a two-pound sledgehammer because I figure it will break. [43:42.160 --> 43:44.700] The law doesn't seem to be quite that clear. [43:44.700 --> 43:49.820] It only appears to say what it says, but it really, really says something else. [43:49.820 --> 43:53.320] You just kind of hold it in your mouth wrong when you read it. [43:53.320 --> 43:54.320] Yeah. [43:54.320 --> 43:56.280] Or your head's tilted wrong. [43:56.280 --> 43:57.760] I think that must be it. [43:57.760 --> 43:59.880] We'll be right back. [43:59.880 --> 44:06.200] Attention, an important product from hempusa.org, micro plant powder, will change your life [44:06.200 --> 44:11.880] by removing all types of positive toxins such as heavy metals, parasites, bacteria, viruses [44:11.880 --> 44:16.640] and fungus from the digestive tract and stomach wall so you can absorb nutrients. [44:16.640 --> 44:21.960] Micro plant powder is 89% silica and packed with a negative charge that attracts positive [44:21.960 --> 44:25.240] toxins from the blood, organs, spine and brain. [44:25.240 --> 44:30.040] This product has the ability to rebuild cartilage and bone which allows synovial fluid to return [44:30.040 --> 44:31.560] to the joints. [44:31.560 --> 44:35.860] Silica is a precursor to calcium, meaning the body turns silica into calcium and is [44:35.860 --> 44:37.280] great for the heart. [44:37.280 --> 44:42.120] There is no better time than now to have micro plant powder on your shelf or in your storage [44:42.120 --> 44:46.440] shelter and with an unlimited shelf life, you can store it anywhere. [44:46.440 --> 44:51.720] Call 908-691-2608 or visit hempusa.org. [44:51.720 --> 45:21.280] It's a great way to change your life so call 908-691-2608 or visit us at hempusa.org today. [45:21.720 --> 45:39.800] Alright, dissecting the law here. [45:39.800 --> 45:42.400] Alright, go ahead Eddie. [45:42.400 --> 45:48.560] Okay, now let's be completely fair about this from both sides here. [45:48.560 --> 45:54.680] Occasionally, and I do mean occasionally, you will run across a judge that actually [45:54.680 --> 46:01.240] understands that there shouldn't be a different set of rules for you versus everybody else. [46:01.240 --> 46:05.080] Now that's not going to come often and very rarely in fact. [46:05.080 --> 46:10.020] I've never had one, ever, okay? [46:10.020 --> 46:15.560] But that being said, we do have somebody out there that has been to court recently and [46:15.560 --> 46:22.000] is still going to court fighting his traffic ticket and his judge allowed him discovery, [46:22.000 --> 46:23.360] okay? [46:23.360 --> 46:29.720] But as I tried to inform him, that makes him the exception, most definitely not the rule. [46:29.720 --> 46:34.400] And I'm willing to bet that had he gone through a complete set of discovery, he might not [46:34.400 --> 46:40.120] have gotten everything he was asking for nor might he have gotten it at all. [46:40.120 --> 46:45.100] But for the moment, he seems to have a judge that's at least willing to listen to the arguments [46:45.100 --> 46:49.840] he's got to make, review the arguments he's got to make, and actually read the motions [46:49.840 --> 46:54.720] that he's put in front of him, in fact set on the bench and read them in front of him. [46:54.720 --> 47:00.720] Now granted, this is a judge I would like to appear before because most of the ones [47:00.720 --> 47:06.520] that I'm having to stand in front of and try to educate them, you may as well be talking [47:06.520 --> 47:11.820] to a refrigerated mackerel at the meat section of the supermarket, okay? [47:11.820 --> 47:15.420] They look about the same and they think about the same. [47:15.420 --> 47:20.680] And fortunately, they don't always smell the same, but that's another story altogether. [47:20.680 --> 47:27.300] But the point being, do not ever go into these places assuming that they're going to follow [47:27.300 --> 47:28.300] the rules. [47:28.300 --> 47:30.020] That is a mistake. [47:30.020 --> 47:31.480] It is a mistake. [47:31.480 --> 47:36.920] I'm not saying go in, be belligerent, be obnoxious or anything, but don't for one minute think [47:36.920 --> 47:43.000] they're going to follow the rules if you don't hold them to the rules. [47:43.000 --> 47:49.360] And it'll become very apparent very quickly if they intend to follow the rules or not. [47:49.360 --> 47:53.600] Now what we were talking about about that separate classification, I was trying to see [47:53.600 --> 47:59.120] if Randy could come up with any argument that I missed on why this separate classification [47:59.120 --> 48:01.060] would be valid. [48:01.060 --> 48:06.160] After all the things they circumvented in denial of a constitutional protection, not [48:06.160 --> 48:12.400] a grant, but a protection under the right to counsel, the right to discovery, the right [48:12.400 --> 48:18.040] to a fair and impartial trial, a right to an indictment, a right to an examining trial, [48:18.040 --> 48:20.280] all of these things. [48:20.280 --> 48:24.840] Is there anything that you can see in this, Randy, that I've missed that would make everything [48:24.840 --> 48:28.080] they're doing okay and me just wrong? [48:28.080 --> 48:37.120] You mean all of a sudden denying me a right to counsel, right to discovery? [48:37.120 --> 48:39.520] Yeah, simply because they can't throw you in jail. [48:39.520 --> 48:43.360] Even though you're still being charged with a criminal act, just because the act itself [48:43.360 --> 48:48.200] does not involve jail time, they completely change what your rights are in that type of [48:48.200 --> 48:49.200] trial. [48:49.200 --> 48:52.200] Did I lose you? [48:52.200 --> 48:53.200] No. [48:53.200 --> 48:54.200] Okay. [48:54.200 --> 48:55.200] I'm here. [48:55.200 --> 49:02.360] I was trying to turn my internal sounds off and I turned you off. [49:02.360 --> 49:10.480] I can't find anything in law that differentiates. [49:10.480 --> 49:11.720] How did they get to this? [49:11.720 --> 49:15.840] You don't get discovery in a class C misdemeanor. [49:15.840 --> 49:17.960] Or assistance of counsel. [49:17.960 --> 49:20.200] Where did they come up with that? [49:20.200 --> 49:21.560] How did they get the idea? [49:21.560 --> 49:22.560] It's not in the Constitution. [49:22.560 --> 49:24.760] Hell, it's nowhere in the statute. [49:24.760 --> 49:32.120] Nowhere in the statute does it say that you are to be denied counsel on a class C misdemeanor. [49:32.120 --> 49:34.160] Nowhere. [49:34.160 --> 49:35.760] But they do it. [49:35.760 --> 49:37.320] How do they do it? [49:37.320 --> 49:38.600] Why are they doing it? [49:38.600 --> 49:43.160] Well, for one thing, if they have to supply the counsel, their with the cost of the ticket [49:43.160 --> 49:46.840] they would have gotten from you right out the window to pay the attorney. [49:46.840 --> 49:48.840] They don't want to eat into the profit. [49:48.840 --> 49:52.360] Well, I'm fixing to eat into their profits. [49:52.360 --> 49:57.360] And the reason I wanted to go through all of this is because I want to have my criminal [49:57.360 --> 50:01.640] complaints already made up. [50:01.640 --> 50:06.040] First thing I'm going to want to do is call the prosecutor to stand. [50:06.040 --> 50:08.320] They're not going to let you do that. [50:08.320 --> 50:12.560] Then I've got to figure out what I do when they don't. [50:12.560 --> 50:16.880] Well, I guarantee, I've tried that, believe me. [50:16.880 --> 50:18.120] I've tried it. [50:18.120 --> 50:20.600] They'll flat deny that in a heartbeat. [50:20.600 --> 50:23.080] I've even tried to call the court clerk to the stand. [50:23.080 --> 50:26.280] They refuse to allow that either. [50:26.280 --> 50:30.760] But like I said, don't for one moment think these people are going to obey the rules. [50:30.760 --> 50:34.360] Oh, I absolutely do not. [50:34.360 --> 50:43.720] And I'm going to start out real fast right after the judge. [50:43.720 --> 50:48.360] I plan on having a whole stack of judicial conduct complaints. [50:48.360 --> 50:50.120] OK. [50:50.120 --> 50:52.800] So let's go back up to our steps now. [50:52.800 --> 50:54.400] You're standing before the magistrate. [50:54.400 --> 50:56.920] You're asking in what capacity are you sitting? [50:56.920 --> 50:57.920] OK. [50:57.920 --> 51:03.480] If you're here as a magistrate, then I want my examining trial. [51:03.480 --> 51:05.880] Well, we don't do examining trials. [51:05.880 --> 51:09.640] Then get out of here, get somebody in here who does. [51:09.640 --> 51:10.640] That's right. [51:10.640 --> 51:16.200] That's one of the things that the individual I was speaking of earlier who got discovery, [51:16.200 --> 51:19.280] he'll admit he didn't get an examining trial. [51:19.280 --> 51:20.280] OK. [51:20.280 --> 51:25.600] Nor did he get an arraignment by the proper court. [51:25.600 --> 51:29.880] In fact, he has gone from municipal court to the county court. [51:29.880 --> 51:36.080] And since I believe, if I'm not mistaken, the ticket he got predates the change in the [51:36.080 --> 51:41.400] law of September 1, 19 or 2009. [51:41.400 --> 51:46.360] And if that ticket predates, that municipal court was required by law to send him to the [51:46.360 --> 51:50.120] county court or statutory county court for the purpose of an arraignment and didn't do [51:50.120 --> 51:51.120] it. [51:51.120 --> 51:59.160] Now, the county court has admitted that a trial de novo is a do-over, yet they assume [51:59.160 --> 52:03.640] jurisdiction because they're treating that part of it as an appeal. [52:03.640 --> 52:06.080] Where in law do they get to mix these? [52:06.080 --> 52:11.840] Where does it say treat it partially as an appeal and partially as a trial do-over? [52:11.840 --> 52:13.160] A legal nullity? [52:13.160 --> 52:15.920] Well, it actually is an appeal. [52:15.920 --> 52:22.200] However, it's an appeal trial de novo. [52:22.200 --> 52:28.200] What all trial de novo goes to is you don't have to appeal on point of error. [52:28.200 --> 52:31.780] You appeal and there's nothing brought before the court. [52:31.780 --> 52:36.520] So the court has to redevelop all the information. [52:36.520 --> 52:38.000] Let me look here real quick. [52:38.000 --> 52:44.720] But I'm pretty sure that what it actually says is that it's done as if the previous [52:44.720 --> 52:46.840] trial never occurred. [52:46.840 --> 52:48.640] Yes. [52:48.640 --> 52:51.920] But exactly. [52:51.920 --> 52:56.320] So the court has to develop all of the facts again that... [52:56.320 --> 52:57.320] Including jurisdiction. [52:57.320 --> 52:58.320] Absolutely. [52:58.320 --> 52:59.320] That's where I'm going. [52:59.320 --> 53:02.160] And they refused. [53:02.160 --> 53:12.040] In any appeal, if the trial court didn't have subject matter jurisdiction, the appeals court [53:12.040 --> 53:17.520] cannot get subject matter jurisdiction either. [53:17.520 --> 53:19.840] And that's real clear in the case law. [53:19.840 --> 53:20.840] Yeah. [53:20.840 --> 53:28.320] Well, the attorney on the prosecution side brought in a case that in no way agreed with [53:28.320 --> 53:34.760] what the statutes or the constitution says in that regard and proceeded to trial without [53:34.760 --> 53:41.840] jurisdiction anyway, despite what the law says. [53:41.840 --> 53:45.580] So if you've got that case law, Randy, I'd sure like to get my hands on it as I am sure [53:45.580 --> 53:47.080] the other individual... [53:47.080 --> 53:48.880] I can pull that out. [53:48.880 --> 53:51.040] That goes to subject matter jurisdiction. [53:51.040 --> 53:52.040] Okay. [53:52.040 --> 53:56.680] I've got a large file on subject matter jurisdiction. [53:56.680 --> 53:57.680] Yeah. [53:57.680 --> 54:03.000] Well, that's exactly what he's needing because the judge is saying that because it's an appeal, [54:03.000 --> 54:06.820] he automatically gets jurisdiction, even if the lower court didn't have it. [54:06.820 --> 54:08.640] And that's complete BS. [54:08.640 --> 54:12.040] So he needs to file criminal charges against the judge. [54:12.040 --> 54:15.520] Well, I brought that issue up, but he doesn't want to... [54:15.520 --> 54:20.720] Since the judge is being so nice, he doesn't want to go that route. [54:20.720 --> 54:22.960] But I'm trying to get him to understand. [54:22.960 --> 54:25.560] Don't presume this judge is playing nice. [54:25.560 --> 54:31.000] He may be trying to do it right, but he's still not doing it right. [54:31.000 --> 54:37.120] He's insisting on something that common sense says cannot happen. [54:37.120 --> 54:38.380] It just can't. [54:38.380 --> 54:40.880] He doesn't need to do this out of anger or avarice. [54:40.880 --> 54:43.480] Oh, I know that and I understand it. [54:43.480 --> 54:49.360] Just follow the thunder and smile at the judge while you're doing it. [54:49.360 --> 54:51.880] Here, judge, you're a criminal. [54:51.880 --> 54:57.400] You need to stand down and get me a real judge up here. [54:57.400 --> 55:02.440] How else are we going to get your attention, even the judges who are genuinely nice guys? [55:02.440 --> 55:03.440] Yeah. [55:03.440 --> 55:08.920] It doesn't matter even if the judge is trying to do it correctly, you still must insist [55:08.920 --> 55:12.120] that he do all of it correctly. [55:12.120 --> 55:17.720] Because anything that you allow him to put by you, he's going to put by the next guy. [55:17.720 --> 55:22.360] And eventually, the process is going to be so ingrained in this judge that he is doing [55:22.360 --> 55:26.760] exactly the same thing that we're railing against right now. [55:26.760 --> 55:32.000] They've allowed their procedure to circumvent what the law requires. [55:32.000 --> 55:36.000] We've got to stop that before it ever gets started. [55:36.000 --> 55:42.160] We're too late for that, but now we have to interrupt what's going on. [55:42.160 --> 55:45.920] Well, we may not be entirely too late. [55:45.920 --> 55:52.040] If we get a new judge who's never actually gone through this before, that could be a [55:52.040 --> 55:54.000] place to start. [55:54.000 --> 55:57.160] But those that have been sitting up there and know their only job is to make sure the [55:57.160 --> 56:00.580] revenue keeps flowing, those are the problem children. [56:00.580 --> 56:03.680] And those are the ones we need to kick so hard they have to roll down their socks to [56:03.680 --> 56:04.680] eat. [56:04.680 --> 56:05.680] Yes. [56:05.680 --> 56:14.360] When I go in, I hope I get a really arrogant judge, because I want to be like Jerry Reed. [56:14.360 --> 56:19.800] I'm going to tear Lilio Algonso off. [56:19.800 --> 56:29.080] But yeah, we have to, and it's best to take them on on the minor details. [56:29.080 --> 56:32.680] Don't wait till they've done something horrendous that you get them in trouble for. [56:32.680 --> 56:37.640] I want to catch them on the first detail I can, and land right in the middle of it. [56:37.640 --> 56:39.440] Ask him to stand down from the bench. [56:39.440 --> 56:45.280] Oh, you don't do magistrate, do examining trials. [56:45.280 --> 56:47.920] You're not a magistrate then, get me a magistrate in here. [56:47.920 --> 56:52.000] Well, generally what I always tell the judges, I mean, invoking his duty as a magistrate, [56:52.000 --> 56:55.120] and that's a duty which may not shield yourself. [56:55.120 --> 57:00.720] If he refuses to do an examining trial, then I ask him to stand down from the bench and [57:00.720 --> 57:05.240] get me a real judge up here who can do a proper examining trial. [57:05.240 --> 57:08.240] A real magistrate. [57:08.240 --> 57:11.480] Magistrate. [57:11.480 --> 57:17.000] So that ought to tense him up right from the beginning. [57:17.000 --> 57:20.920] But now, once you're in front of that magistrate, and you're wanting to know in what capacity [57:20.920 --> 57:26.360] they're acting, the law says that they must have the probable cause of termination at [57:26.360 --> 57:27.680] the examining trial. [57:27.680 --> 57:35.280] Now, technically speaking, the law also says that 1517B does not allow them to send you [57:35.280 --> 57:42.000] out on bond if they haven't had the examining trial, because that's the only place they [57:42.000 --> 57:43.000] can set it. [57:43.000 --> 57:44.000] Yes. [57:44.000 --> 57:45.000] Okay. [57:45.000 --> 57:52.160] So, bail is taken by a magistrate after an examining trial, 17.05. [57:52.160 --> 57:55.640] It's real clear, real hard to misunderstand. [57:55.640 --> 57:56.640] Okay. [57:56.640 --> 58:02.400] So, that being said, how can they send you out on a bond under 1517B? [58:02.400 --> 58:04.560] They can't. [58:04.560 --> 58:10.720] They can let you out if the law allows, but that requires an examining trial and then [58:10.720 --> 58:15.920] the setting for 17.05. [58:15.920 --> 58:19.160] Hey folks, we'll be right back in just a few minutes and we'll pick this up on the other [58:19.160 --> 58:22.160] side and hopefully we'll get you a phone call. [58:22.160 --> 58:28.120] All right, callers, if you'd like to call in 512-646-1984, we've got Dan from Texas [58:28.120 --> 58:29.120] on the line. [58:29.120 --> 58:57.360] We'll be taking you when we get back. [58:57.360 --> 59:00.400] Okay. [59:00.400 --> 59:04.580] My name is Randall Kelton and I co-host on Rule of Law Radio. [59:04.580 --> 59:09.380] We specialize in showing people how to strike back against corrupt public officials. [59:09.380 --> 59:13.880] With the mortgage crisis worsening, we set our sights on finding a remedy for people [59:13.880 --> 59:15.920] who have been cheated by their lenders. [59:15.920 --> 59:20.120] If you have a mortgage or have paid yours off, you have probably been cheated out of [59:20.120 --> 59:22.480] thousands, but there is a remedy. [59:22.480 --> 59:31.760] Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the [59:31.760 --> 59:37.340] consumer protection laws to recover what the lenders have stolen through fraud and deception. [59:37.340 --> 59:42.140] We will prepare for you a qualified written request that will expose the fraud and put [59:42.140 --> 59:44.040] the lenders on the dime. [59:44.040 --> 59:48.120] Lender fraud is bankrupting this country and it's time to fight back. [59:48.120 --> 59:57.760] Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the [59:57.760 --> 59:59.880] money changers in their tracks. [59:59.880 --> 01:00:04.640] This news brief is brought to you by the International News Network. [01:00:04.640 --> 01:00:10.960] Presidential Airways, an affiliate of Z, formerly known as Blackwater, has been awarded a $39 [01:00:10.960 --> 01:00:16.520] million contract from the Pentagon to ferry passengers and cargo in Afghanistan. [01:00:16.520 --> 01:00:21.960] In 2006, the National Transportation Safety Board found unprofessional behavior by a [01:00:21.960 --> 01:00:27.320] presidential flight crew was a key cause of a plane crash in Afghanistan in which six [01:00:27.320 --> 01:00:28.960] men died. [01:00:28.960 --> 01:00:33.840] A British Airways computer expert who allegedly offered to cover for cabin crew in the event [01:00:33.840 --> 01:00:39.840] of a strike appeared in a UK court Thursday charged with plotting suicide bombings. [01:00:39.840 --> 01:00:46.840] Rajib Karim allegedly obtained a passport and got a job at the airline to further the [01:00:46.840 --> 01:00:47.840] conspiracy. [01:00:47.840 --> 01:00:52.760] Two Israeli soldiers have been charged by the Israeli Army with using a Palestinian [01:00:52.760 --> 01:00:56.760] child as a human shield during the Gaza war. [01:00:56.760 --> 01:01:03.920] The soldiers are charged with forcing a nine-year-old boy to open bags suspected of containing explosives. [01:01:03.920 --> 01:01:07.760] This news brief is brought to you by the International News Network. [01:01:07.760 --> 01:01:13.680] The ground shook and buildings swayed as billionaire Sebastian Piñera took over as Chile's president [01:01:13.680 --> 01:01:20.820] Thursday, tasked with rebuilding after a massive 8.8 earthquake that killed 500 people. [01:01:20.820 --> 01:01:27.040] The magnitude 6.9 quake was nearly as powerful as the one that devastated Haiti in January. [01:01:27.040 --> 01:01:32.400] Piñera is a former senator who made a fortune on a credit card business and an airline. [01:01:32.400 --> 01:01:37.240] To fund reconstruction, the new leader is likely to issue international bonds and dip [01:01:37.240 --> 01:01:39.480] into the country's copper savings. [01:01:39.480 --> 01:01:44.760] Piñera is the first conservative leader in Chile after two decades of center-left rule [01:01:44.760 --> 01:01:50.160] that has consolidated the country's status as the most developed country in Latin America. [01:01:50.160 --> 01:01:55.480] President Bachelet left office with a record 84% approval rating even after criticisms [01:01:55.480 --> 01:01:57.880] of delays in government aid for victims. [01:01:57.880 --> 01:02:02.520] This news brief is brought to you by the International News Network. [01:02:02.520 --> 01:02:07.340] The UN charges millions of Yemenis are starving while the international community focuses [01:02:07.340 --> 01:02:09.280] on tackling al Qaeda. [01:02:09.280 --> 01:02:14.820] Vital food deliveries and assistance is being cut because of a near total absence of funding. [01:02:14.820 --> 01:02:20.160] The UN said more than 7 million people struggle daily to find enough food to live a healthy [01:02:20.160 --> 01:02:26.000] and productive life, leading to rates of malnutrition that are the third highest in the world. [01:02:26.000 --> 01:02:32.240] World Food Program Director Giancarlo Thierry said, quote, they are in a total poverty trap, [01:02:32.240 --> 01:02:37.400] finding most of the time they are illiterate and have no access to land or water. [01:02:37.400 --> 01:02:44.800] WFP estimates it will require $105 million this year and next to feed more than 3 million [01:02:44.800 --> 01:02:50.920] of Yemenis poor and hungry, including 250,000 people displaced by the recent war in the [01:02:50.920 --> 01:02:53.760] north and boatloads of Somali refugees. [01:02:53.760 --> 01:03:04.880] Top of the hour news brought to you by INN World Report. [01:03:04.880 --> 01:03:11.880] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech [01:03:11.880 --> 01:03:24.760] talk radio at its best. [01:04:11.880 --> 01:04:32.120] Okay, now that the magistrate knows that they can't set bail or anything else without the [01:04:32.120 --> 01:04:38.760] examining trial, or at least they should know, and you've insisted that you have one, here's [01:04:38.760 --> 01:04:46.320] the thing, 1517, you very clearly under, 1517 basically is just a summarized version of [01:04:46.320 --> 01:04:51.120] chapter 16, which deals specifically with the examining trial. [01:04:51.120 --> 01:04:56.560] In an examining trial, you get to do every single thing you would get to do in the actual [01:04:56.560 --> 01:04:57.840] trial. [01:04:57.840 --> 01:05:02.720] You get to question witnesses, look at the evidence, review the complaint, make changes [01:05:02.720 --> 01:05:07.520] in the complaint if it's not correct, so on and so forth. [01:05:07.520 --> 01:05:15.480] All of these things that you're supposed to do before you ever have to make a plea, which [01:05:15.480 --> 01:05:20.680] is the purpose of the arraignment, to fix your identity and enter your plea. [01:05:20.680 --> 01:05:26.040] That's all an arraignment does, but the arraignment can't be had until probable cause has been [01:05:26.040 --> 01:05:30.920] determined via an examining trial. [01:05:30.920 --> 01:05:36.800] They completely deny class Cs an examining trial. [01:05:36.800 --> 01:05:41.120] That you go in there, they want to immediately jump to an arraignment. [01:05:41.120 --> 01:05:47.920] If you won't plead, or you say you can't plead, then they try to enter a plea for you. [01:05:47.920 --> 01:05:54.800] And again, deny you the same due process rights that all the other misdemeanors get. [01:05:54.800 --> 01:05:59.560] So what we want to do is keep objecting to every single thing the judge does. [01:05:59.560 --> 01:06:05.000] In these lower courts, that's why it's very important to have witnesses in the courtroom, [01:06:05.000 --> 01:06:10.400] and if at all possible, that digital recorder. [01:06:10.400 --> 01:06:16.820] You want to document everything the judge is supposed to do by your witnesses, and hopefully [01:06:16.820 --> 01:06:20.680] you've already prepared a stack of criminal complaints to go in there with it. [01:06:20.680 --> 01:06:25.720] Or at the very least, affidavits for all the witnesses to sign that you can attach to your [01:06:25.720 --> 01:06:26.720] criminal complaint. [01:06:26.720 --> 01:06:31.440] However you want to do it, just be prepared for it. [01:06:31.440 --> 01:06:35.960] Just remember, don't sign the complaint until the judge actually commits the crime, okay? [01:06:35.960 --> 01:06:41.060] They can only be signed after the fact, not before. [01:06:41.060 --> 01:06:46.440] But that being said, the judge is now committing a violation of the Constitution, of a self-enacting [01:06:46.440 --> 01:06:48.880] clause of the state Constitution. [01:06:48.880 --> 01:06:50.560] And guess what? [01:06:50.560 --> 01:06:57.880] That removes all protection and immunity from a public official. [01:06:57.880 --> 01:07:04.320] And courts in Texas are very clear, a violation of a self-enacting clause of the state Constitution [01:07:04.320 --> 01:07:13.060] removes immunity from any public official that did the violation, okay? [01:07:13.060 --> 01:07:15.320] So that's a good thing for us. [01:07:15.320 --> 01:07:17.120] We need to take advantage of it. [01:07:17.120 --> 01:07:18.120] All right. [01:07:18.120 --> 01:07:19.120] What do we want to do? [01:07:19.120 --> 01:07:20.120] Let's fight. [01:07:20.120 --> 01:07:21.120] That's it. [01:07:21.120 --> 01:07:22.120] Let's fight. [01:07:22.120 --> 01:07:24.160] Let's see what Dan's going to dump on us today. [01:07:24.160 --> 01:07:27.080] He's going to let us have it, I know. [01:07:27.080 --> 01:07:28.080] Okay. [01:07:28.080 --> 01:07:29.080] We're going to go to Dan from Texas. [01:07:29.080 --> 01:07:30.080] All right. [01:07:30.080 --> 01:07:31.080] Dan, thanks for calling in. [01:07:31.080 --> 01:07:32.080] What's on your mind tonight? [01:07:32.080 --> 01:07:35.080] From my mind, I really enjoy your program. [01:07:35.080 --> 01:07:38.280] I mean, I've only listened to it two or three times. [01:07:38.280 --> 01:07:41.680] And I'm actually learning a whole lot, even though I thought that I knew a whole lot about [01:07:41.680 --> 01:07:42.680] traffic. [01:07:42.680 --> 01:07:44.320] I've fought traffic for many years now. [01:07:44.320 --> 01:07:49.280] I've had a lot of success, basically more than anything else, just wearing them down [01:07:49.280 --> 01:07:50.280] because it is revenue-driven. [01:07:50.280 --> 01:07:55.000] You know, if you can drag them in long enough and harden up and fight them hard enough, [01:07:55.000 --> 01:07:59.960] and I have, I've recused judges because they've acted to help the prosecutor. [01:07:59.960 --> 01:08:02.880] When they do this, when they deny all your rights, they're helping the prosecutor. [01:08:02.880 --> 01:08:07.840] When they generate a complaint, which I'm sure you've experienced that, Eddie, where [01:08:07.840 --> 01:08:13.240] you go in there and all there is is a ticket, and when you finally get around at a certain [01:08:13.240 --> 01:08:16.320] point, you will find that there will be a complaint generated, and it's the court that's [01:08:16.320 --> 01:08:18.720] contacting the officer to get the complaint. [01:08:18.720 --> 01:08:19.720] That's correct. [01:08:19.720 --> 01:08:20.720] So when the court... [01:08:20.720 --> 01:08:23.600] Or they'll call the officer in right there and have them do it. [01:08:23.600 --> 01:08:26.280] Yeah, but let's say you're released on a ticket. [01:08:26.280 --> 01:08:31.160] You get stopped, you know, today, and you go in there a week later or two weeks later, [01:08:31.160 --> 01:08:35.160] or you go in at the last day, and you ask to see the magistrate, and they won't let [01:08:35.160 --> 01:08:36.160] you. [01:08:36.160 --> 01:08:37.160] That's been my experience. [01:08:37.160 --> 01:08:38.160] The court will... [01:08:38.160 --> 01:08:39.160] The clerk will say, you need to plea. [01:08:39.160 --> 01:08:40.160] You have to plea. [01:08:40.160 --> 01:08:43.240] You have to enter a plea, and then if you plead not guilty, we'll set it for pretrial. [01:08:43.240 --> 01:08:44.240] Okay? [01:08:44.240 --> 01:08:49.200] Well, if you refuse, what they'll do is, in my experience, is that the court clerk's acting [01:08:49.200 --> 01:08:53.720] on instruction of the JP or the judge will contact the officer and say, hey, we need [01:08:53.720 --> 01:08:56.600] a sworn complaint so they can try to move it forward. [01:08:56.600 --> 01:09:00.040] And when they do that, the judge has helped the prosecutor, and I've recused them before, [01:09:00.040 --> 01:09:03.960] and a lot of times that seems to end it because it's costing them money. [01:09:03.960 --> 01:09:05.800] They have to have another judge come in. [01:09:05.800 --> 01:09:10.360] But here's what I wanted to throw out there. [01:09:10.360 --> 01:09:12.800] You know, you were asking, how can they get away with this? [01:09:12.800 --> 01:09:14.800] Well, here's what I would say. [01:09:14.800 --> 01:09:20.600] I would say that the way most people handle traffic tickets, most uninformed people, what [01:09:20.600 --> 01:09:24.960] they do is they either hand deliver or they mail in a plea. [01:09:24.960 --> 01:09:27.720] Because when the officer stops you, he'll even give you this little form saying that [01:09:27.720 --> 01:09:29.680] you can mail in a plea. [01:09:29.680 --> 01:09:33.720] And the Code of Criminal Procedures, I forget which section, but it allows you, if you want, [01:09:33.720 --> 01:09:39.920] based on just a citation alone, you can mail in a plea of guilty, not guilty, or no contest, [01:09:39.920 --> 01:09:41.400] and mail in the payment if you want to. [01:09:41.400 --> 01:09:42.400] That's chapter 45. [01:09:42.400 --> 01:09:47.600] You can drop it off at the clerk's window, and I think that what happens is that when [01:09:47.600 --> 01:09:54.280] they do that, people are voluntarily waiving a whole bunch of rights, and they're voluntarily [01:09:54.280 --> 01:09:56.040] going into this kangaroo court. [01:09:56.040 --> 01:10:02.520] Because how can an American be forced to go to a court trial that is so meaningless that [01:10:02.520 --> 01:10:06.200] when you appeal, it's a trial, you know, but how can you be forced to go into a court where [01:10:06.200 --> 01:10:07.200] there's no record? [01:10:07.200 --> 01:10:11.240] And as a matter of fact, they won't even let you bring your own court reporter. [01:10:11.240 --> 01:10:14.800] I've seen printouts from them saying you can't have a recording device because it's not a [01:10:14.800 --> 01:10:15.800] court of record. [01:10:15.800 --> 01:10:16.800] Okay? [01:10:16.800 --> 01:10:20.000] How can you be forced to waste your time as an American? [01:10:20.000 --> 01:10:22.760] It's designed to wear you down because they're enforcing this. [01:10:22.760 --> 01:10:26.200] What I believe is that by entering the plea, you're waiving all that. [01:10:26.200 --> 01:10:27.200] You're agreeing. [01:10:27.200 --> 01:10:29.560] Now, let's say you do plead guilty. [01:10:29.560 --> 01:10:31.120] Why would you need an examining trial? [01:10:31.120 --> 01:10:32.240] Why would you need an arraignment? [01:10:32.240 --> 01:10:34.080] The law allows you to make a plea. [01:10:34.080 --> 01:10:39.680] If you're prepared to plea to just a citation, you almost establish probable cause all by [01:10:39.680 --> 01:10:40.680] yourself. [01:10:40.680 --> 01:10:41.680] You see? [01:10:41.680 --> 01:10:42.680] I don't know if I have a problem with that. [01:10:42.680 --> 01:10:43.680] Well, if you enter a plea of guilty, that's true. [01:10:43.680 --> 01:10:44.680] I don't know if I have a problem with that. [01:10:44.680 --> 01:10:48.760] And if you enter a plea of guilty, that's most assuredly what you're doing. [01:10:48.760 --> 01:10:51.680] As long as it's above board, as long as they explain to people, look, you just want to [01:10:51.680 --> 01:10:55.520] get it over, you want to waive all these rights, pay the ticket, here you go, here's how you [01:10:55.520 --> 01:10:56.520] do it. [01:10:56.520 --> 01:10:59.800] But I believe there's a second path, which is what you're trying to do and what I've [01:10:59.800 --> 01:11:04.640] tried to do, where you demand every element of due process rights and what they have to [01:11:04.640 --> 01:11:07.840] do is they have to give you an arraignment on the record, they have to give you an examining [01:11:07.840 --> 01:11:08.840] trial. [01:11:08.840 --> 01:11:13.560] They have to establish probable cause and when there's only a citation filed because [01:11:13.560 --> 01:11:18.120] they don't bother to get complaints in most cases, they're so used to people doing it [01:11:18.120 --> 01:11:23.080] the way 99% of people do it that they don't generate a complaint until they feel like [01:11:23.080 --> 01:11:24.080] they need one. [01:11:24.080 --> 01:11:29.000] So if they gave you that examining trial when you walked in there, there'd be no sworn accusation [01:11:29.000 --> 01:11:33.120] against you and the judge would have to come back with a finding of no probable cause and [01:11:33.120 --> 01:11:34.600] that's why they don't want to do it. [01:11:34.600 --> 01:11:36.320] They don't want to give you any of this stuff. [01:11:36.320 --> 01:11:37.520] Well, that's true. [01:11:37.520 --> 01:11:41.200] That's exactly why they're doing it and my question was actually rhetorical. [01:11:41.200 --> 01:11:42.880] I know why they're doing it. [01:11:42.880 --> 01:11:46.840] I'm trying to get the other folks out there that are listening to this to ask that question [01:11:46.840 --> 01:11:48.040] of themselves. [01:11:48.040 --> 01:11:51.080] How are they getting away with this? [01:11:51.080 --> 01:11:54.960] And the truth is it's because we are letting them. [01:11:54.960 --> 01:11:55.960] That's the whole truth. [01:11:55.960 --> 01:12:01.800] And 95% of the people that are out there that aren't educated simply mail in a plea and [01:12:01.800 --> 01:12:02.960] a payment in most cases. [01:12:02.960 --> 01:12:07.520] I had a county attorney basically tell me that 90% of the people mail in a plea with [01:12:07.520 --> 01:12:08.520] a payment. [01:12:08.520 --> 01:12:13.320] They plead guilty or no contest and that the remaining 10, 90% of them bring the check [01:12:13.320 --> 01:12:16.200] to the window filled out. [01:12:16.200 --> 01:12:20.280] Only about 1% of the people even enter a plea of not guilty. [01:12:20.280 --> 01:12:22.720] And fighting the courts works. [01:12:22.720 --> 01:12:29.320] I was in Keller, Texas and I had to appear down there for something that I didn't appear [01:12:29.320 --> 01:12:30.320] before the court. [01:12:30.320 --> 01:12:32.240] I don't even know where it was. [01:12:32.240 --> 01:12:36.000] And I wanted to watch the court proceedings and I wouldn't know what was going on. [01:12:36.000 --> 01:12:40.680] So I asked the court for a docket sheet. [01:12:40.680 --> 01:12:42.600] And she said, well, I can't. [01:12:42.600 --> 01:12:43.600] She didn't know about that. [01:12:43.600 --> 01:12:46.880] So she went to the judge and came back and said, well, we can't give you that. [01:12:46.880 --> 01:12:47.880] And I told her, don't tell me that. [01:12:47.880 --> 01:12:48.880] She said, well, I have to. [01:12:48.880 --> 01:12:51.880] I said, no, no, get the judge to tell me that. [01:12:51.880 --> 01:12:53.880] And she said, well, why? [01:12:53.880 --> 01:12:57.960] I said, well, I'm going to if nobody gives me a docket sheet, I'm going to ask somebody [01:12:57.960 --> 01:13:00.760] to be arrested and I don't want it to be you. [01:13:00.760 --> 01:13:06.960] So she went to talk to the judge and I went and got the bailiff. [01:13:06.960 --> 01:13:09.320] I'd been talking to him, so he thought I was cool. [01:13:09.320 --> 01:13:14.520] When he comes with me, the judge came back out and I asked her for the docket sheet. [01:13:14.520 --> 01:13:18.280] And she said, well, you can't get the docket sheet. [01:13:18.280 --> 01:13:21.520] I turned to the bailiff and said, Mr. Bailiff, do you hear that? [01:13:21.520 --> 01:13:23.120] She said, yes, I did. [01:13:23.120 --> 01:13:25.120] Arrest that judge. [01:13:25.120 --> 01:13:30.680] And you should have seen the look on her face when I asked the bailiff to arrest the judge. [01:13:30.680 --> 01:13:38.160] It looked like I'd hit her with a frying pan like Wiley Coyote. [01:13:38.160 --> 01:13:43.360] Well, I came in the next, you know, she finally stumbled around and went and got me a docket [01:13:43.360 --> 01:13:44.360] sheet. [01:13:44.360 --> 01:13:51.760] I come to court the next time this judge is gone, they got a new judge and ask what happened [01:13:51.760 --> 01:13:52.760] to them. [01:13:52.760 --> 01:13:58.560] And the bailiff told me, well, a couple of days after you were here, she quit. [01:13:58.560 --> 01:14:03.240] So it does work to go after them. [01:14:03.240 --> 01:14:07.400] I'd still rather see a look in a striped daylight for a few months, minimal. [01:14:07.400 --> 01:14:08.400] Hey, Randy? [01:14:08.400 --> 01:14:09.400] Yeah. [01:14:09.400 --> 01:14:10.400] And Eddie? [01:14:10.400 --> 01:14:11.400] Yes, sir. [01:14:11.400 --> 01:14:12.400] Can you hear me? [01:14:12.400 --> 01:14:15.520] I want to just tell you real quick something that happened to me recently. [01:14:15.520 --> 01:14:18.360] I'll make it very brief, okay? [01:14:18.360 --> 01:14:25.440] I got stopped on December 31st of 2009, obviously, okay, the day before New Year's. [01:14:25.440 --> 01:14:32.520] And what happened was that the officer actually wrote the citation and basically the date [01:14:32.520 --> 01:14:36.440] said it was the honor before, you know, they don't specify like the statute says, but they [01:14:36.440 --> 01:14:38.680] put the honor before language. [01:14:38.680 --> 01:14:45.200] But what he put was honor before January 15th or something like that, Eddie. [01:14:45.200 --> 01:14:48.160] Tried to write 2009, but he didn't close the nine. [01:14:48.160 --> 01:14:51.800] So it actually looked like a 2004, okay? [01:14:51.800 --> 01:14:54.320] But obviously, mentally, he was still back in 2009. [01:14:54.320 --> 01:14:59.160] He didn't realize that the next day would be January 1st of 2010, and he should have [01:14:59.160 --> 01:15:02.120] made it January 15th of 2010. [01:15:02.120 --> 01:15:03.120] Are you with me? [01:15:03.120 --> 01:15:04.120] Yeah. [01:15:04.120 --> 01:15:05.120] Okay. [01:15:05.120 --> 01:15:08.080] So what happened was I typed up a little letter to the court and I mailed it off. [01:15:08.080 --> 01:15:11.760] And I said, you know, this is impossible, I can't go back in time. [01:15:11.760 --> 01:15:13.960] And the officer actually violated the statute. [01:15:13.960 --> 01:15:17.200] And basically, for that reason alone, this ticket should be dismissed. [01:15:17.200 --> 01:15:18.800] And it was a very respectful letter. [01:15:18.800 --> 01:15:24.040] And I said that, you know, you have no real duty or business trying to salvage this ticket, [01:15:24.040 --> 01:15:29.240] trying to save it, trying to do anything with it, except let it sit there, okay? [01:15:29.240 --> 01:15:32.880] And I actually typed out and put the section on what they call bail jumping and violate [01:15:32.880 --> 01:15:36.800] promise to appear, and pointed out that they couldn't really charge me with bail jumping [01:15:36.800 --> 01:15:38.960] or violate promise to appear. [01:15:38.960 --> 01:15:42.040] Because that section says if you're lawfully released from custody on condition that you [01:15:42.040 --> 01:15:46.200] subsequently appear, I'm paraphrasing, and you fail to appear according to the terms [01:15:46.200 --> 01:15:47.920] you're released, blah, blah, blah. [01:15:47.920 --> 01:15:51.640] You know, you're guilty and can be charged with this, unless you have a really good reason [01:15:51.640 --> 01:15:52.640] or excuse. [01:15:52.640 --> 01:15:54.440] So I'm paraphrasing that also. [01:15:54.440 --> 01:15:59.440] And I said my excuse is I don't have a time machine, I can't go back in time, okay? [01:15:59.440 --> 01:16:03.360] And basically, it sat there kind of dormant, but when I called to kind of follow up on [01:16:03.360 --> 01:16:06.760] it, the clerk said that the court was going to send it to the county attorney's office [01:16:06.760 --> 01:16:10.120] and try to see what he had to say about it, okay? [01:16:10.120 --> 01:16:15.520] Now, the court doing that basically made the county attorney aware that this even exists. [01:16:15.520 --> 01:16:20.360] Otherwise, it would sit on the shelf gathering dust till doomsday, okay? [01:16:20.360 --> 01:16:24.120] And if they could not get the sworn and verified complaint within two years, the statute of [01:16:24.120 --> 01:16:25.120] limitations would expire. [01:16:25.120 --> 01:16:27.600] I've had that happen before, okay? [01:16:27.600 --> 01:16:30.360] When they didn't know what to do, I made my little appearance and then kind of walked [01:16:30.360 --> 01:16:34.720] out and they put the folder aside. [01:16:34.720 --> 01:16:35.720] You're going to break. [01:16:35.720 --> 01:16:36.720] Yeah, we're going to break. [01:16:36.720 --> 01:16:38.720] And we've got Jeff from Texas up next. [01:16:38.720 --> 01:16:42.920] So hang on just a minute, we'll finish up with you on the other side, okay? [01:16:42.920 --> 01:16:43.920] All right. [01:16:43.920 --> 01:16:45.920] Okay, we'll be right back. [01:16:45.920 --> 01:17:00.520] Callers, if you'd like to call in 512-646-1984, we will be right back. [01:17:00.520 --> 01:17:05.480] It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so [01:17:05.480 --> 01:17:09.200] easy and neither is finding like-minded people to share it with. [01:17:09.200 --> 01:17:12.120] Oh, well, I guess you haven't heard of Brave New Books then. [01:17:12.120 --> 01:17:13.120] Brave New Books? [01:17:13.120 --> 01:17:17.920] Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex [01:17:17.920 --> 01:17:20.480] Jones, Ron Paul, and G. Edward Griffin. [01:17:20.480 --> 01:17:23.960] They even stock inner food, Berkey products, and Calvin Soaps. [01:17:23.960 --> 01:17:26.800] There's no way a place like that exists. [01:17:26.800 --> 01:17:28.280] Go check it out for yourself. [01:17:28.280 --> 01:17:32.640] It's downtown at 1904 Guadalupe Street, just south of UT. [01:17:32.640 --> 01:17:36.000] By UT, there's never anywhere to park down there. [01:17:36.000 --> 01:17:41.240] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking [01:17:41.240 --> 01:17:43.440] facility just behind the bookstore. [01:17:43.440 --> 01:17:47.200] It does exist, but when are they open? [01:17:47.200 --> 01:17:52.000] Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays. [01:17:52.000 --> 01:17:58.480] So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com. [01:17:58.480 --> 01:18:24.200] Ain't gonna blame me, don't blame me, well, ain't gonna fool me with that same old trick [01:18:24.200 --> 01:18:25.200] again. [01:18:25.200 --> 01:18:34.200] I was blindsided, but now I can see your plans You put the fear in my pocket, took the money [01:18:34.200 --> 01:18:39.200] from my hands Ain't gonna fool me with that same old trick [01:18:39.200 --> 01:19:05.800] again, ain't gonna fool me, ain't gonna fool me with that same old trick again [01:19:05.800 --> 01:19:14.160] I get it now, but then I must have been out of luck Back then you had me, but now you'll [01:19:14.160 --> 01:19:16.360] be in the wrong We're taking your calls [01:19:16.360 --> 01:19:20.000] Ain't gonna get me with that same old suckin' plight [01:19:20.000 --> 01:19:21.000] We're talking with Dan. [01:19:21.000 --> 01:19:24.640] Okay, go ahead, Dan, and wrap it up because we've got to go to other callers. [01:19:24.640 --> 01:19:26.360] Okay, I'll wrap it up real quick. [01:19:26.360 --> 01:19:29.680] Now, what happened was I thought this thing was gone, that they just decided it was too [01:19:29.680 --> 01:19:34.520] much trouble, too confused, whatever have you, but I actually came back, I was out of [01:19:34.520 --> 01:19:39.880] town helping a family member, and I came back into town and found in my mailbox a letter [01:19:39.880 --> 01:19:44.640] from the court, okay, saying that they've set a hearing of some kind, it doesn't say [01:19:44.640 --> 01:19:49.280] what kind of hearing, on the 29th of March, and it had a copy of the complaint in there [01:19:49.280 --> 01:19:54.040] that was sworn to in front of the county attorney, but there was no information. [01:19:54.040 --> 01:19:58.520] And on this letter from the court, which is also unsigned, okay, so it doesn't legally [01:19:58.520 --> 01:20:03.960] qualify as a summons, there's actually some rules provided for that, it actually says [01:20:03.960 --> 01:20:09.680] that if I do not show up, that a warrant will be issued for a failure to appear. [01:20:09.680 --> 01:20:15.760] Now, basically, if you read that statute, the violate promise to appear, bail jumping, [01:20:15.760 --> 01:20:19.200] you'll see that if you are lawfully released from custody, you fail to appear. [01:20:19.200 --> 01:20:23.160] And because it was written wrong, and even if the ticket was written right and I had [01:20:23.160 --> 01:20:28.360] appeared and the magistrate had not done his job and released me on bond, which would be [01:20:28.360 --> 01:20:32.080] a second promise to appear, the ticket would be the first promise to appear, and they would [01:20:32.080 --> 01:20:35.040] have to extract a second promise to appear from me. [01:20:35.040 --> 01:20:40.400] There's no legal way that they could charge me with bail jumping or violate promise to [01:20:40.400 --> 01:20:41.840] appear if I don't show up. [01:20:41.840 --> 01:20:44.840] Now, we all know that they would anyway. [01:20:44.840 --> 01:20:45.840] Exactly. [01:20:45.840 --> 01:20:51.720] Yeah, if I don't show up, they'll just go ahead and issue a warrant because I guess [01:20:51.720 --> 01:20:55.480] they think they can get away with it, but I have not jumped a bail because no bail was [01:20:55.480 --> 01:21:00.840] given to me and no second promise to appear, like a PR bond, they make you promise to appear [01:21:00.840 --> 01:21:03.600] on into the future, okay? [01:21:03.600 --> 01:21:08.240] All there was was the original citation, which was dated wrong to begin with. [01:21:08.240 --> 01:21:10.280] But this is what we're up against. [01:21:10.280 --> 01:21:13.440] Oh, I wish that's all we were up against. [01:21:13.440 --> 01:21:18.040] Well, I mean, it's not all we're up against, obviously, but it's just a small example of [01:21:18.040 --> 01:21:19.040] what we're up against. [01:21:19.040 --> 01:21:22.520] Yeah, we're up against judges who could care less what the law says. [01:21:22.520 --> 01:21:25.240] I'll let you get to the other callers and I'm going to keep listening, so I appreciate [01:21:25.240 --> 01:21:26.240] your show. [01:21:26.240 --> 01:21:27.240] Thank you, Dan. [01:21:27.240 --> 01:21:28.240] Thanks, Dan. [01:21:28.240 --> 01:21:32.200] Okay, we're going now to Jeff in Texas. [01:21:32.200 --> 01:21:34.440] Hey, Jeff, thanks for calling in. [01:21:34.440 --> 01:21:35.440] What's on your mind tonight? [01:21:35.440 --> 01:21:38.240] Yeah, can you turn your volume up? [01:21:38.240 --> 01:21:42.240] I could hear the previous caller, but you guys are way low. [01:21:42.240 --> 01:21:45.440] Jeff, can you please get off of Skype? [01:21:45.440 --> 01:21:51.440] I think that's probably your problem because we never seem to have problems with anybody [01:21:51.440 --> 01:21:56.040] except for people that call in on Skype, so try to call in on a regular phone line. [01:21:56.040 --> 01:21:58.640] We're going to go now to Will in Austin. [01:21:58.640 --> 01:22:00.440] Will, thanks for calling in. [01:22:00.440 --> 01:22:01.440] What's on your mind tonight? [01:22:01.440 --> 01:22:06.440] Hi, I just thought I'd check in with Eddie and Randy. [01:22:06.440 --> 01:22:12.320] Eddie gave me some information on my ticket situation. [01:22:12.320 --> 01:22:18.640] I recently did get to a prosecutor meeting and that's when they finally came up with [01:22:18.640 --> 01:22:29.240] a complaint on my citation over two months after the file was opened. [01:22:29.240 --> 01:22:40.920] Then Eddie suggested I get an FOIA form and I got a hold of Randy, which is where he said [01:22:40.920 --> 01:22:45.040] they were, in one of his websites. [01:22:45.040 --> 01:22:46.800] I guess I'm just too much of a literalist. [01:22:46.800 --> 01:22:53.720] I'm real new at this and so I'm having a hard time doing some of the easiest stuff to y'all. [01:22:53.720 --> 01:23:02.120] I found some forms, a number of forms, with Randy's direction, but they're called open [01:23:02.120 --> 01:23:04.120] government requests and I was expecting... [01:23:04.120 --> 01:23:05.120] Yeah, okay. [01:23:05.120 --> 01:23:12.160] I was going to say, FOIA really applies to the federal government, but we kind of use [01:23:12.160 --> 01:23:22.600] freedom of information request as a general term and frankly, I've kind of clobbered public [01:23:22.600 --> 01:23:29.320] officials before when they say, when I call it the open... It used to be open records, [01:23:29.320 --> 01:23:30.320] now it's open government. [01:23:30.320 --> 01:23:31.320] They're changing around. [01:23:31.320 --> 01:23:37.840] Do they give me any crap all the... Well, just give it to me under whatever law applies. [01:23:37.840 --> 01:23:48.200] I've rewritten my records requests so that they don't specify any particular open record [01:23:48.200 --> 01:23:59.280] law, 552 government code, the constitutional right to public courts, or whatever law applies, [01:23:59.280 --> 01:24:02.600] so I don't get that crap all the... It really doesn't matter. [01:24:02.600 --> 01:24:08.120] You don't have to cite the law under which you're requesting something for the law to [01:24:08.120 --> 01:24:09.120] be operative. [01:24:09.120 --> 01:24:14.360] I see, and I read a bunch of your forms and the one that seemed to be most tailored to [01:24:14.360 --> 01:24:20.200] what I'm going to have to do, I'll have to, of course, amend it for my own use, is the [01:24:20.200 --> 01:24:25.880] one with your heading on it that says open government request, where... [01:24:25.880 --> 01:24:31.160] Yeah, that was just kind of generic and just general and it leaves a big open space for [01:24:31.160 --> 01:24:32.880] you to put in whatever you want. [01:24:32.880 --> 01:24:38.600] Yeah, because my complaint was apparently generated by two women here in Austin who [01:24:38.600 --> 01:24:44.680] are assistant clerks, and one doesn't even work here anymore, so I don't know what date [01:24:44.680 --> 01:24:56.520] that she was no longer there, because this was dated... Actually, there's a conflict [01:24:56.520 --> 01:25:05.280] of dating in it that I went down to the court on February 17th, and I asked for everything [01:25:05.280 --> 01:25:13.480] that was in my folder on February 17th, and this was supposedly signed on February 2nd, [01:25:13.480 --> 01:25:23.680] about 15 days difference, and it still hadn't gotten in there in that 15 days. [01:25:23.680 --> 01:25:32.360] My need to find out, open government records, is to find out if this one clerk, when her [01:25:32.360 --> 01:25:41.840] employment terminated, to see if there's any conflict in this being dated after she left. [01:25:41.840 --> 01:25:46.160] What are you... I'm not understanding the nature of the conflict of the date. [01:25:46.160 --> 01:25:47.160] I've got... [01:25:47.160 --> 01:25:51.520] Well, the thing is, the complaint that they signed on him was signed by two clerks of [01:25:51.520 --> 01:25:54.920] the court, one signed it, one witnessed it, okay? [01:25:54.920 --> 01:25:59.720] The problem is that one of the signers doesn't work there anymore, so what we're trying [01:25:59.720 --> 01:26:03.080] to find out is, did she leave before the date of the signing? [01:26:03.080 --> 01:26:06.000] Yes, that's kind of what I thought you were going to get to. [01:26:06.000 --> 01:26:12.280] Did they use a stamp of her signature or some other electronic reproduction? [01:26:12.280 --> 01:26:18.120] Which would prove the document of forgery and really put somebody in hot water. [01:26:18.120 --> 01:26:23.200] The arresting officer, or the officer that was called to the accident, is nowhere in [01:26:23.200 --> 01:26:26.520] the complaint, of course. [01:26:26.520 --> 01:26:31.880] The first thing that comes to mind is, nah, they wouldn't do anything that stupid. [01:26:31.880 --> 01:26:35.640] They seem to be keep doing it over and over and over. [01:26:35.640 --> 01:26:36.640] Yeah. [01:26:36.640 --> 01:26:43.720] Ken Magnuson and Ben Drum were... Ben had a ticket, I forget, somewhere east of Dallas, [01:26:43.720 --> 01:26:56.120] and they got a verified oath of office from this officer, but the stamp that they stamped [01:26:56.120 --> 01:27:03.320] the oath with was expired when they stamped it. [01:27:03.320 --> 01:27:11.720] So Ken said, I can't imagine a notary, not knowing that their notary stamp was expired. [01:27:11.720 --> 01:27:19.680] He said, I bet this cop went in there and dug an old notary stamp out of the drawer [01:27:19.680 --> 01:27:23.280] and stamped his oath with it. [01:27:23.280 --> 01:27:31.120] When he files criminal charges against the notary, the notary's going to have a fit. [01:27:31.120 --> 01:27:33.400] Would they do things that stupid? [01:27:33.400 --> 01:27:38.640] Absolutely they would. [01:27:38.640 --> 01:27:43.040] This goes to a real important point. [01:27:43.040 --> 01:27:44.880] Pay attention to the details. [01:27:44.880 --> 01:27:45.880] Yes. [01:27:45.880 --> 01:27:47.760] Read everything. [01:27:47.760 --> 01:27:48.760] Examine everything. [01:27:48.760 --> 01:28:01.200] Yeah, I had a guy a couple days ago, went to closing on a note and was reading every [01:28:01.200 --> 01:28:08.200] document and said that the trustee had a fit, threatened to cancel the closing if he read [01:28:08.200 --> 01:28:12.600] all the documents, because she didn't have time. [01:28:12.600 --> 01:28:18.960] In 17 years she'd never had anybody do that, 17 years. [01:28:18.960 --> 01:28:23.800] I actually had one of my cases in this same court down here with this judge. [01:28:23.800 --> 01:28:29.560] I wanted to show that the court was acting as the prosecution and was not acting as an [01:28:29.560 --> 01:28:35.160] impartial judicial as they were supposed to be, and I managed to do that because the notice [01:28:35.160 --> 01:28:44.120] they sent me in the mail to appear for trial, not a pre-hearing, to appear for trial, the [01:28:44.120 --> 01:28:50.400] date the letters were signed and mailed to me was two weeks before there was a criminal [01:28:50.400 --> 01:28:54.280] complaint signed and filed in the case. [01:28:54.280 --> 01:28:58.000] So how can a court order me to appear for a trial when there's not even a criminal [01:28:58.000 --> 01:29:01.920] complaint in existence? [01:29:01.920 --> 01:29:04.960] Maybe you have a clairvoyant court. [01:29:04.960 --> 01:29:05.960] That may be. [01:29:05.960 --> 01:29:08.000] That was the same thing you saw happen to me. [01:29:08.000 --> 01:29:17.840] I had to go see before the judge, before they even had gotten a plea of guilty or not guilty [01:29:17.840 --> 01:29:21.360] on the second ticket, the court date that they had. [01:29:21.360 --> 01:29:26.600] Yeah, they were trying to hold him in violation of a previous order, but the requirements [01:29:26.600 --> 01:29:30.480] were that he not be convicted on a new one. [01:29:30.480 --> 01:29:34.560] Well, he hadn't been convicted yet, but they were going to hold a hearing and revoke everything [01:29:34.560 --> 01:29:35.560] anyway. [01:29:35.560 --> 01:29:36.560] Right. [01:29:36.560 --> 01:29:39.400] All right, Will, we're going to break. [01:29:39.400 --> 01:29:42.280] Do you have another question that we need to hang around for? [01:29:42.280 --> 01:29:47.720] Well, I hope I can kind of talk to y'all later and- [01:29:47.720 --> 01:29:49.720] Okay, listen, we're going to break right now. [01:29:49.720 --> 01:29:51.320] Do you need to hang on or no? [01:29:51.320 --> 01:29:52.320] No. [01:29:52.320 --> 01:29:53.320] Okay, all right. [01:29:53.320 --> 01:30:00.520] We'll be right back and we'll go to Greg in Texas. [01:30:00.520 --> 01:30:03.680] Are you the plaintiff or defendant in a lawsuit? [01:30:03.680 --> 01:30:10.400] In your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course [01:30:10.400 --> 01:30:14.920] that will show you how in 24 hours, step-by-step. [01:30:14.920 --> 01:30:18.160] If you have a lawyer, know what your lawyer should be doing. [01:30:18.160 --> 01:30:22.360] If you don't have a lawyer, know what you should do for yourself. [01:30:22.360 --> 01:30:27.320] Thousands have won with our step-by-step course and now you can too. [01:30:27.320 --> 01:30:33.240] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:30:33.240 --> 01:30:38.600] Even if you're not in a lawsuit, you can learn what everyone should understand about the [01:30:38.600 --> 01:30:42.360] principles and practices that control our American courts. [01:30:42.360 --> 01:30:49.120] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:30:49.120 --> 01:30:51.880] pro se tactics, and much more. [01:30:51.880 --> 01:30:59.360] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [01:30:59.360 --> 01:31:15.280] Okay, we are back, we're taking your calls, we've got another half hour left of the show, [01:31:15.280 --> 01:31:18.400] 512-646-1984. [01:31:18.400 --> 01:31:24.480] And folks, I will ask y'all one more time, I'll start having the call screeners mention [01:31:24.480 --> 01:31:25.480] it as well. [01:31:25.480 --> 01:31:28.120] Please do not call in on Skype, okay? [01:31:28.120 --> 01:31:32.960] Please do not call in on Skype, I realize that we do not have an 800 number that is [01:31:32.960 --> 01:31:41.440] not within our budget range right now, however, most cell phone plans have unlimited minutes [01:31:41.440 --> 01:31:48.040] after 7 or 8 p.m. or at least a considerable amount, even if you don't have a landline, [01:31:48.040 --> 01:31:51.440] I mean, most people have cell phones these days. [01:31:51.440 --> 01:31:55.520] If you don't, just pay for the long distance call, please or else you're going to have [01:31:55.520 --> 01:32:00.200] to work something else out, but please do not use Skype because if you get on Skype [01:32:00.200 --> 01:32:04.640] with a headset, it's going to be blasting loud, I can't accommodate for it, it's usually [01:32:04.640 --> 01:32:10.080] a very bad quality where people use their onboard microphones and their laptops and [01:32:10.080 --> 01:32:14.120] their speakers at the same time, and it gets all kinds of feedback and audio problems, [01:32:14.120 --> 01:32:18.680] so please do not call in on Skype, please, all right? [01:32:18.680 --> 01:32:25.720] Please just call in on a regular phone, no headset, no Bluetooth, none of those little [01:32:25.720 --> 01:32:29.480] dangling, you know, like the iPhone thing with the microphone on the wire that's hanging [01:32:29.480 --> 01:32:34.760] down by your chin, don't use any of that stuff, just use a regular phone, if you use a cell [01:32:34.760 --> 01:32:37.080] phone, use the handset, please. [01:32:37.080 --> 01:32:39.640] Okay, we're going to go now to Greg in Texas. [01:32:39.640 --> 01:32:42.640] Greg, thanks for calling in, what's on your mind? [01:32:42.640 --> 01:32:43.800] Hi, Debra. [01:32:43.800 --> 01:32:48.600] You guys are awesome, you did a great job Saturday, I just want to appreciate that. [01:32:48.600 --> 01:32:49.600] Oh, thanks. [01:32:49.600 --> 01:32:56.560] Appreciate what you're doing, and I had a little case, this little curfew thing, I'm [01:32:56.560 --> 01:33:01.840] not going to get into that because you all have a lot of other important things to do, [01:33:01.840 --> 01:33:06.280] but I was there in spirit with you guys on Saturday and listened to just about every [01:33:06.280 --> 01:33:12.720] minute of it, and I just, if the FCC ever shuts you down, I think I'll really snap. [01:33:12.720 --> 01:33:17.240] Well, rule of law radio will never go down, that's for sure because it's an Internet [01:33:17.240 --> 01:33:23.800] stream, and the FCC doesn't have their grubby little hands on that yet, so, all right, go [01:33:23.800 --> 01:33:24.800] ahead. [01:33:24.800 --> 01:33:29.040] Well, I just want to thank you guys, and Randy and you, and I wish I could have been there, [01:33:29.040 --> 01:33:37.120] I don't have a vehicle and I can't get around like that, but you all did a great job, and [01:33:37.120 --> 01:33:42.200] I just want to thank you for that, and oh, and your thing last week about Mr. Blue Tie [01:33:42.200 --> 01:33:48.320] and the cat with the feathers in his mouth about broke a rib laughing at that, it's so [01:33:48.320 --> 01:33:49.320] funny. [01:33:49.320 --> 01:33:51.400] Well, yeah, it was pretty funny. [01:33:51.400 --> 01:33:59.320] Had you been there and saw, I saw the look on the, on the fed's face, he was so embarrassed [01:33:59.320 --> 01:34:04.000] and he's looking past me and I turned around and looked at Deb and she was just cracking [01:34:04.000 --> 01:34:05.000] up. [01:34:05.000 --> 01:34:09.600] Yeah, well you all have me cracking up, I just pictured this big Cheshire cat with feathers [01:34:09.600 --> 01:34:13.760] sticking out, you're great, you guys take care. [01:34:13.760 --> 01:34:14.760] Thank you. [01:34:14.760 --> 01:34:21.880] Okay, we don't have any other callers on the bridge right now, 512-646-1984, if you all [01:34:21.880 --> 01:34:27.080] want to call in, we're discussing traffic issues or other things that may be on your [01:34:27.080 --> 01:34:31.080] mind, so, go ahead, Randy. [01:34:31.080 --> 01:34:36.640] Getting to, through all of the steps of what to do when you come to court is getting to [01:34:36.640 --> 01:34:44.640] be difficult, we'll probably have this done by 2022, there's so many, changing the statutes [01:34:44.640 --> 01:34:45.640] we might. [01:34:45.640 --> 01:34:50.280] Well, there's so many issues that we keep dancing around, I like this though because [01:34:50.280 --> 01:34:54.440] it helps you get a better feel for how the laws fit together. [01:34:54.440 --> 01:34:56.520] And how they're being broken. [01:34:56.520 --> 01:35:02.080] And when you, when you jostle them around this way, the primary laws tend to stick in [01:35:02.080 --> 01:35:10.560] your mind a lot better, so it sounds like we're just bouncing all over the place, but [01:35:10.560 --> 01:35:17.200] this will make a lot more sense to folks, and if we can get them to begin to understand [01:35:17.200 --> 01:35:23.400] them rather than just know them, then it gets a lot easier to work in court. [01:35:23.400 --> 01:35:29.200] But I'm fixing to go to court, and I want this one to be a really, really good one, [01:35:29.200 --> 01:35:34.240] so that's why I'm pushing to sort all this out, and frankly, this is good for me because [01:35:34.240 --> 01:35:40.600] it, we're looking at what the judge may do, and then when they, when the judge does what [01:35:40.600 --> 01:35:46.160] he does, we will have already came up with options. [01:35:46.160 --> 01:35:52.080] Yes, that's the plan I'm hoping is to do that, have the options in place before they're [01:35:52.080 --> 01:35:53.080] needed. [01:35:53.080 --> 01:36:00.240] Yeah, I'm, I am looking forward to asking the judge to call in a U.S. Marshal, I mean [01:36:00.240 --> 01:36:05.520] a City Marshal, because in Austin they've got City Marshals, and have him arrest the [01:36:05.520 --> 01:36:14.720] prosecuting attorney for practicing law without a license, amongst other things. [01:36:14.720 --> 01:36:17.360] Amongst other things, and especially if it's a city attorney. [01:36:17.360 --> 01:36:24.040] Oh, it will definitely be a city attorney, and I hope it's that, the big kind of robust [01:36:24.040 --> 01:36:28.320] guy that was there the first time. [01:36:28.320 --> 01:36:34.680] This guy appeared to be dumb as a box of rocks, and he frankly looked like a nice guy, but [01:36:34.680 --> 01:36:39.400] dumb as a box of rocks, so I would like to have fun with him. [01:36:39.400 --> 01:36:40.400] Yeah. [01:36:40.400 --> 01:36:43.480] And we've got some callers, folks, you want to go to the call board? [01:36:43.480 --> 01:36:44.480] Yes, ma'am. [01:36:44.480 --> 01:36:49.160] We've got Tony from Illinois, Tony, thanks for calling in, what's on your mind tonight? [01:36:49.160 --> 01:36:52.160] How are you doing? [01:36:52.160 --> 01:36:53.160] Pretty good. [01:36:53.160 --> 01:37:01.000] Regarding the host of office request under 5 U.S.C. 3331, do you also request affidavits [01:37:01.000 --> 01:37:08.480] 3332, 3333, officer affidavit and employee affidavit? [01:37:08.480 --> 01:37:12.600] No, I haven't actually. [01:37:12.600 --> 01:37:16.760] Because that looks like it might be interesting, let me see, I'll pull it up here. [01:37:16.760 --> 01:37:19.400] Now, are you talking title 18, 3332? [01:37:19.400 --> 01:37:23.240] No, I think it's title 5. [01:37:23.240 --> 01:37:25.600] 5 U.S.C. 3332, and... [01:37:25.600 --> 01:37:31.320] Okay, I was going to say, title 18, 3332 will let us report them directly to an attorney [01:37:31.320 --> 01:37:36.880] for the federal government, who is required by law to do exactly what the attorneys here [01:37:36.880 --> 01:37:41.320] in the state is supposed to be doing when they get a criminal complaint. [01:37:41.320 --> 01:37:52.960] Okay, the employee affidavit under 3333 says, accept as provided by, let's see, employee [01:37:52.960 --> 01:37:53.960] affidavit... [01:37:53.960 --> 01:37:58.320] Okay, so you can't strike against the government, you basically have to file an affidavit within [01:37:58.320 --> 01:38:06.280] 60 days after accepting the office or employment, that your, the affidavit is prima facie evidence [01:38:06.280 --> 01:38:12.240] that the acceptance and holding of office or employment by the affidavit does not or [01:38:12.240 --> 01:38:21.400] will not violate section 7311 of this title, and I think that 7311 is regarding loyalty [01:38:21.400 --> 01:38:27.360] and I think that you won't strike against the government or something like that, but [01:38:27.360 --> 01:38:34.520] apparently it's required as a matter of employment, so that might be something to request as well, [01:38:34.520 --> 01:38:35.520] right? [01:38:35.520 --> 01:38:36.520] Who's employment? [01:38:36.520 --> 01:38:43.400] Is this all public officials that are required to take the oath, or just... [01:38:43.400 --> 01:38:54.240] Well apparently, 3333 is an employee affidavit and 3332 is a officer affidavit. [01:38:54.240 --> 01:38:59.120] Well yeah, but in those cases, those would have to be federal employees and officers. [01:38:59.120 --> 01:39:02.960] There wouldn't be any direct authority for doing act of statute like that affecting the [01:39:02.960 --> 01:39:05.880] government officers of the states. [01:39:05.880 --> 01:39:10.720] Oh yeah, I understand, I understand that we're just talking federal here. [01:39:10.720 --> 01:39:11.720] Yeah. [01:39:11.720 --> 01:39:12.720] Okay. [01:39:12.720 --> 01:39:18.400] And officers' employees, are you familiar with the difference between the two? [01:39:18.400 --> 01:39:22.560] Well, it lied to me. [01:39:22.560 --> 01:39:31.320] An employee is someone who just performs a essentially administrative function. [01:39:31.320 --> 01:39:36.920] An officer is anyone who makes command decisions on their own. [01:39:36.920 --> 01:39:40.160] Right, that's okay, yeah, that's what I thought. [01:39:40.160 --> 01:39:44.040] Another one of your tactics is the bar complaint. [01:39:44.040 --> 01:39:45.040] Yes. [01:39:45.040 --> 01:39:52.640] Now I was reading on the Texas Bar website that, you know, one of the reasons for your [01:39:52.640 --> 01:39:58.240] tactics is that even though they might throw it in the trash, that it'll affect their malpractice [01:39:58.240 --> 01:39:59.240] insurance. [01:39:59.240 --> 01:40:00.240] Yes. [01:40:00.240 --> 01:40:07.320] Now, if they throw it in the trash, reading on the Texas Bar website, it seems that if [01:40:07.320 --> 01:40:10.880] they throw it in the trash, they'll just mark it as an inquiry. [01:40:10.880 --> 01:40:19.240] Are they required to report inquiries to the, you know, the malpractice insurance companies? [01:40:19.240 --> 01:40:24.160] As far as I understand, everyone that's filed must be reported. [01:40:24.160 --> 01:40:25.440] Oh really? [01:40:25.440 --> 01:40:30.040] This thing of inquiry is fairly recent. [01:40:30.040 --> 01:40:36.520] This year is the first I've heard of it, and I think it's a ploy on the part of these [01:40:36.520 --> 01:40:43.840] guys to try to find a way around the issue, but in looking at that, what they claimed [01:40:43.840 --> 01:40:52.680] was that if you didn't claim a violation of a Karen, then they would consider it as [01:40:52.680 --> 01:40:54.760] an inquiry. [01:40:54.760 --> 01:41:03.680] So I tell people always to look at the Bar Association standards and write your complaint [01:41:03.680 --> 01:41:07.040] in the terms of a violation of a specific canon. [01:41:07.040 --> 01:41:10.840] You can always find one, they're real general. [01:41:10.840 --> 01:41:16.020] But as far as you know, it doesn't matter how the Texas, the Bar or whatever state rules [01:41:16.020 --> 01:41:17.280] on your complaint? [01:41:17.280 --> 01:41:18.280] Right. [01:41:18.280 --> 01:41:27.040] As far as I know, but that is a very acute distinction to make because certainly they're [01:41:27.040 --> 01:41:32.360] trying to find a way to protect their fellow bar members. [01:41:32.360 --> 01:41:39.320] Anyone who thinks that the Texas State Bar is a governing agency over attorneys is dreaming. [01:41:39.320 --> 01:41:43.760] It's a public relations agency for the attorneys and it's there to protect them. [01:41:43.760 --> 01:41:50.280] Yeah, you would expect the insurance companies to want to know everything that comes through. [01:41:50.280 --> 01:42:01.520] Yeah, so I think this is a ploy on their part to try to hide the complaints or the grievances, [01:42:01.520 --> 01:42:07.960] but I'm pretty close to getting my website set up and I had someone on the other day, [01:42:07.960 --> 01:42:17.560] Brian from Colorado, and I want to talk to him about how to structure a claim against [01:42:17.560 --> 01:42:26.120] their bond so we can make it automatic so when we write the bar grievance, it prepares [01:42:26.120 --> 01:42:32.160] the claim against their bond and he said we could send that to Lloyds of London who underwrites [01:42:32.160 --> 01:42:36.560] all of these nine companies that do malpractice. [01:42:36.560 --> 01:42:44.720] I've got to get the details on that, but that would be great. [01:42:44.720 --> 01:42:46.400] We can use that to really kick behind. [01:42:46.400 --> 01:42:47.760] We probably need to move ahead. [01:42:47.760 --> 01:42:48.760] We've got two more calls. [01:42:48.760 --> 01:42:49.760] All right, I'll get off the line. [01:42:49.760 --> 01:42:50.760] You guys are off. [01:42:50.760 --> 01:42:51.760] Bye. [01:42:51.760 --> 01:42:52.760] Thanks, sir. [01:42:52.760 --> 01:42:53.760] All right, who else we got? [01:42:53.760 --> 01:43:11.320] Something's up. [01:43:11.320 --> 01:43:12.320] I can't hear anybody. [01:43:12.320 --> 01:43:13.320] There we go. [01:43:13.320 --> 01:43:14.320] Sorry. [01:43:14.320 --> 01:43:15.320] We've got Dan from Connecticut. [01:43:15.320 --> 01:43:16.320] All right. [01:43:16.320 --> 01:43:17.320] Okay, go ahead, Dan. [01:43:17.320 --> 01:43:18.320] Thanks for calling in. [01:43:18.320 --> 01:43:19.320] What's on your mind tonight? [01:43:19.320 --> 01:43:20.320] Oh, nothing. [01:43:20.320 --> 01:43:26.880] Just a neat little idea since I'm starting to accumulate a lot of Connecticut-specific [01:43:26.880 --> 01:43:28.880] motions and documents. [01:43:28.880 --> 01:43:35.240] Randy, I was wondering what you would think if I could send boilerplate stuff to you and [01:43:35.240 --> 01:43:39.960] you could add it to juris imprudence, that is. [01:43:39.960 --> 01:43:42.960] Hold on one second, Dan. [01:43:42.960 --> 01:43:43.960] We'll be right back. [01:43:43.960 --> 01:43:44.960] Stay on the line. [01:43:44.960 --> 01:43:47.960] Callers, we've got one more segment, 512-646-1984. [01:43:47.960 --> 01:44:04.920] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [01:44:04.920 --> 01:44:09.080] Stop debt collectors now with the Michael Mears Proven Method. [01:44:09.080 --> 01:44:13.360] Michael Mears has won six cases in federal court against debt collectors, and now you [01:44:13.360 --> 01:44:14.360] can win two. [01:44:14.360 --> 01:44:19.160] You'll get step-by-step instructions in plain English on how to win in court using federal [01:44:19.160 --> 01:44:24.920] civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer [01:44:24.920 --> 01:44:29.560] letters and phone calls, how to get debt collectors out of your credit report, how to turn the [01:44:29.560 --> 01:44:33.760] financial tables on them and make them pay you to go away. [01:44:33.760 --> 01:44:38.880] The Michael Mears Proven Method is the solution for how to stop debt collectors. [01:44:38.880 --> 01:44:40.840] Personal consultation is available as well. [01:44:40.840 --> 01:44:46.560] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [01:44:46.560 --> 01:44:49.520] or email michaelmears at yahoo.com. [01:44:49.520 --> 01:44:58.560] 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 [01:44:58.560 --> 01:44:59.560] collectors now. [01:44:59.560 --> 01:45:00.560] Hello. [01:45:00.560 --> 01:45:01.560] Oh, man. [01:45:01.560 --> 01:45:02.560] He's in jail. [01:45:02.560 --> 01:45:11.560] He got busted, man. [01:45:11.560 --> 01:45:21.560] Oh, man, I'm broke, man. [01:45:21.560 --> 01:45:29.560] Some things in this world I will never understand. [01:45:29.560 --> 01:45:33.560] Somebody's gonna police that policeman. [01:45:33.560 --> 01:45:37.560] Somebody's gonna police the bully. [01:45:37.560 --> 01:45:42.560] There's always a room at the top of the hill. [01:45:42.560 --> 01:45:47.560] I hear things are great, fine, and it's lonely left too. [01:45:47.560 --> 01:45:51.560] They're wishing it was more than opposition to fail. [01:45:51.560 --> 01:45:55.560] They know that if they don't do it, somebody will. [01:45:55.560 --> 01:46:01.560] Some things in this world I will never understand. [01:46:01.560 --> 01:46:02.560] Okay, we are back. [01:46:02.560 --> 01:46:04.560] We're speaking with Dan in Connecticut. [01:46:04.560 --> 01:46:05.560] Okay, Dan, go ahead. [01:46:05.560 --> 01:46:07.560] What's on your mind tonight? [01:46:07.560 --> 01:46:11.560] All right, Dan, go ahead. [01:46:11.560 --> 01:46:13.560] Go ahead, Dan. [01:46:13.560 --> 01:46:18.560] I'm having so much fun here that I'm starting to accumulate a lot of really good motions [01:46:18.560 --> 01:46:21.560] that I've written already specific to Connecticut. [01:46:21.560 --> 01:46:25.560] So I was wondering if it would be any help if I sent them to you guys. [01:46:25.560 --> 01:46:27.560] It's kind of like boilerplate filling the blanks. [01:46:27.560 --> 01:46:32.560] I mean, nothing too specific, but obviously discovery requests, whatnot, [01:46:32.560 --> 01:46:34.560] because I figured that would help. [01:46:34.560 --> 01:46:37.560] And if everybody else out there could probably do the same, [01:46:37.560 --> 01:46:38.560] we'd get that going. [01:46:38.560 --> 01:46:40.560] That would really speed things along. [01:46:40.560 --> 01:46:41.560] Absolutely. [01:46:41.560 --> 01:46:49.560] I have on Jerson and Prudence, on my Jerson and Prudence site, under Documents and Research, [01:46:49.560 --> 01:46:52.560] I have a research folder. [01:46:52.560 --> 01:46:59.560] If people want to send me state-specific pleadings, I'll make state folders [01:46:59.560 --> 01:47:04.560] and drop them in the folders and make them available to anybody who wants them. [01:47:04.560 --> 01:47:07.560] Oh, and you know what else I found the other day? [01:47:07.560 --> 01:47:11.560] A PDF for Connecticut bar grievances. [01:47:11.560 --> 01:47:12.560] Oh, good. [01:47:12.560 --> 01:47:19.560] It's just you can type in all the information right there, the same for judicial conduct complaints. [01:47:19.560 --> 01:47:25.560] Well, if you will get me those, I'm getting pretty close to where I can get my sites set up. [01:47:25.560 --> 01:47:29.560] I will use those, take those, and convert them to forms. [01:47:29.560 --> 01:47:35.560] Yeah, because I took your mother of all Brady motions there, and I made it Connecticut-specific. [01:47:35.560 --> 01:47:37.560] Wonderful, wonderful. [01:47:37.560 --> 01:47:38.560] Yeah, so there will be a lot of fun there. [01:47:38.560 --> 01:47:42.560] But anyway, I'm going to get going, you guys probably have other callers, but keep up the good work, [01:47:42.560 --> 01:47:44.560] and I figured I'd throw that your way. [01:47:44.560 --> 01:47:48.560] Well, thanks, Dan. [01:47:48.560 --> 01:47:52.560] Okay, we do have open phone lines right now. [01:47:52.560 --> 01:47:59.560] We've got about 10 minutes left, so callers, if you'd like to call in, 512-646-1984. [01:47:59.560 --> 01:48:01.560] Oh, my God, no callers. [01:48:01.560 --> 01:48:02.560] What do we do now? [01:48:02.560 --> 01:48:03.560] What are you going to do? [01:48:03.560 --> 01:48:06.560] What are we going to do? [01:48:06.560 --> 01:48:13.560] Well, we're going to go back to talking about how do I get everything in place, every detail in place, [01:48:13.560 --> 01:48:19.560] so no matter what they do, I've got more stuff to kick the corpola out of them when I get to court. [01:48:19.560 --> 01:48:21.560] Well, now, you've got all the motions, right? [01:48:21.560 --> 01:48:30.560] The petition for a prosecutor to show authority and motion for a fair and impartial trial and all that good stuff, right? [01:48:30.560 --> 01:48:33.560] No, but I don't know if I have all of them. [01:48:33.560 --> 01:48:34.560] Yeah, I've got them all in the folder. [01:48:34.560 --> 01:48:40.560] Yes, I've got them all, and I've got some more interesting ones I'm making up. [01:48:40.560 --> 01:48:42.560] More interesting ones? [01:48:42.560 --> 01:48:47.560] Yeah, notice and demand, and I'll have a whole stack of criminal complaints with me, [01:48:47.560 --> 01:48:53.560] and I'll take some bar grievances and judicial conduct complaint forms with me, [01:48:53.560 --> 01:48:59.560] and I'll have them spread out all over the table, and I don't know if they have wireless. [01:48:59.560 --> 01:49:05.560] If they do, I'll bring somebody with me to do legal research so that if the prosecutor mentions a court case, [01:49:05.560 --> 01:49:10.560] I can pull it up and check to see if he lied to the judge. [01:49:10.560 --> 01:49:14.560] Oh, this is going to be fun. [01:49:14.560 --> 01:49:16.560] Well, I guarantee you they'll pull it up to lie to the judge. [01:49:16.560 --> 01:49:18.560] I've watched them do it. [01:49:18.560 --> 01:49:20.560] Okay. [01:49:20.560 --> 01:49:22.560] They'll do what? [01:49:22.560 --> 01:49:25.560] I said they will pull it up and lie to the judge. [01:49:25.560 --> 01:49:26.560] I've watched them do it. [01:49:26.560 --> 01:49:27.560] Oh, yeah. [01:49:27.560 --> 01:49:32.560] Oh, if I can catch it, oh, that would be great. [01:49:32.560 --> 01:49:37.560] So if I have somebody there with a computer and a little printer, [01:49:37.560 --> 01:49:43.560] I think I've got a small printer around here, we just print them out or put them on a zip drive [01:49:43.560 --> 01:49:45.560] and ask the prosecutor to print it out. [01:49:45.560 --> 01:49:51.560] Well, I think it would make a very substantial argument that the judge would have a really hard time [01:49:51.560 --> 01:49:57.560] reasonably going beyond to make the argument that, as I've made before, [01:49:57.560 --> 01:50:00.560] that the city attorney cannot prosecute in the name of the state. [01:50:00.560 --> 01:50:04.560] Well, right here in the statute, sorry, statute doesn't hold any water [01:50:04.560 --> 01:50:09.560] because Article 1, Section 29 says if any law is written that derogates the Bill of Rights [01:50:09.560 --> 01:50:13.560] or any other provision of the Constitution, it is null and void. [01:50:13.560 --> 01:50:16.560] So I don't care what the statute says. [01:50:16.560 --> 01:50:23.560] The Constitution says this is who can do it. [01:50:23.560 --> 01:50:24.560] Okay. [01:50:24.560 --> 01:50:25.560] Where were we when we stopped? [01:50:25.560 --> 01:50:29.560] That's exactly where I want to go. [01:50:29.560 --> 01:50:33.560] Yeah, we were in the process of demanding our examining trial [01:50:33.560 --> 01:50:37.560] and watching the judge hem and haw and say we don't do that here. [01:50:37.560 --> 01:50:38.560] Well, fine. [01:50:38.560 --> 01:50:39.560] Find me another car wash. [01:50:39.560 --> 01:50:43.560] I want details on my car, not just the washing on the outside. [01:50:43.560 --> 01:50:45.560] I want it all taken care of. [01:50:45.560 --> 01:50:49.560] And if you can't do it, I'll go to someone who can. [01:50:49.560 --> 01:50:54.560] And it does work to ask the judge to stand down from the bench. [01:50:54.560 --> 01:50:58.560] That's not a request they get off. [01:50:58.560 --> 01:51:07.560] I just did a request for a new trial where we maintained that we had a right to a [01:51:07.560 --> 01:51:14.560] competent jurist in the first instance, at least one who could read the English language. [01:51:14.560 --> 01:51:17.560] And I hope the judge got to see that one. [01:51:17.560 --> 01:51:19.560] So, okay. [01:51:19.560 --> 01:51:25.560] I want an examining trial, and obviously they're going to refuse the examining trial. [01:51:25.560 --> 01:51:30.560] And then I will what? [01:51:30.560 --> 01:51:33.560] Well, at that point, there's a lot of things that could follow what? [01:51:33.560 --> 01:51:39.560] After the hubbub dies down, after I've asked the bailiff to drag the judge down off the bench [01:51:39.560 --> 01:51:47.560] and get me in a magistrate in here to do his job because I've got the statute here that says, [01:51:47.560 --> 01:51:50.560] actually, I could ask him to arrest the officer. [01:51:50.560 --> 01:51:51.560] Yeah. [01:51:51.560 --> 01:51:55.560] Well, at that point, you could also sign the criminal complaint for abuse of official [01:51:55.560 --> 01:51:59.560] capacity and official oppression and demand the judge's disqualification. [01:51:59.560 --> 01:52:02.560] I'll have that already written when I go in. [01:52:02.560 --> 01:52:04.560] But I'm looking at things I can do. [01:52:04.560 --> 01:52:15.560] If I ask for an examining trial and the judge refuses to perform an examining trial, [01:52:15.560 --> 01:52:23.560] then I can ask the prosecutor to take criminal complaints against the arresting officer. [01:52:23.560 --> 01:52:25.560] Or the non-arresting officer? [01:52:25.560 --> 01:52:26.560] The non-arresting officer. [01:52:26.560 --> 01:52:35.560] Well, what 543-006 paragraph B says is that in 005, he's authorized to release someone [01:52:35.560 --> 01:52:42.560] after arrest if they sign a promise to appear in accordance with 006. [01:52:42.560 --> 01:52:50.560] 006 says the citation must be... [01:52:50.560 --> 01:52:54.560] Must be before a magistrate having jurisdiction of the offense. [01:52:54.560 --> 01:53:03.560] The first one, it must order me to appear at least 10 days after the date of the offense. [01:53:03.560 --> 01:53:04.560] That's A. [01:53:04.560 --> 01:53:11.560] And B, must require that I appear before a magistrate of the county. [01:53:11.560 --> 01:53:13.560] Don't say anything about a judge. [01:53:13.560 --> 01:53:21.560] So what the ticket actually says is that you'll appear and plead guilty, not guilty, or no [01:53:21.560 --> 01:53:24.560] contending. That's what it actually says on the ticket. [01:53:24.560 --> 01:53:33.560] Well, he doesn't have authority to authorize me to sign that particular document. [01:53:33.560 --> 01:53:38.560] He would have been required to bring me, if he wouldn't let me sign one promise to appear [01:53:38.560 --> 01:53:42.560] before a magistrate, then he had to take me to the magistrate himself. [01:53:42.560 --> 01:53:45.560] And he failed to do so. [01:53:45.560 --> 01:53:55.560] So I'll ask him to arrest the officer and declare the officer not a credible witness [01:53:55.560 --> 01:54:01.560] because he committed crimes against me and therefore is a trespasser of initial from [01:54:01.560 --> 01:54:03.560] the beginning. [01:54:03.560 --> 01:54:04.560] All right. [01:54:04.560 --> 01:54:08.560] We also have a caller, Ken from Texas. [01:54:08.560 --> 01:54:09.560] Ken, thanks for calling in. [01:54:09.560 --> 01:54:10.560] What's on your mind tonight? [01:54:10.560 --> 01:54:13.560] You got barely three and a half minutes. [01:54:13.560 --> 01:54:14.560] That's plenty of time. [01:54:14.560 --> 01:54:17.560] I want to talk about promises. [01:54:17.560 --> 01:54:23.560] When we get stopped by one of these armed people and they make its promise to appear, [01:54:23.560 --> 01:54:25.560] they take that pretty seriously, don't they? [01:54:25.560 --> 01:54:31.560] I mean, if we don't show up, they're going to put a warrant or something else on us. [01:54:31.560 --> 01:54:32.560] Exactly. [01:54:32.560 --> 01:54:33.560] You know what? [01:54:33.560 --> 01:54:34.560] What about these officers? [01:54:34.560 --> 01:54:41.560] I know we've talked all around this, but the officers and all the court people, don't they [01:54:41.560 --> 01:54:43.560] have oaths of office? [01:54:43.560 --> 01:54:49.560] Isn't that a promise that they've promised to uphold the laws? [01:54:49.560 --> 01:54:50.560] Exactly. [01:54:50.560 --> 01:54:52.560] The same knife that they're going to cut us with? [01:54:52.560 --> 01:54:56.560] Isn't that the same blade that we can use against them? [01:54:56.560 --> 01:55:03.560] That's why I do so enjoy asking a bailiff to arrest the judge. [01:55:03.560 --> 01:55:07.560] I actually had one tell me once that he worked for the judge. [01:55:07.560 --> 01:55:09.560] I begged to differ. [01:55:09.560 --> 01:55:11.560] He worked for the sheriff. [01:55:11.560 --> 01:55:13.560] This was in a county court. [01:55:13.560 --> 01:55:17.560] You work for the sheriff and the sheriff works for me, so does the judge. [01:55:17.560 --> 01:55:23.560] You've sworn on your oath to keep the peace and it makes no difference who breaches it. [01:55:23.560 --> 01:55:26.560] Absolutely. [01:55:26.560 --> 01:55:34.560] I considered in court to ask the officer who gave me the ticket, because he's going to be there at the trial, [01:55:34.560 --> 01:55:39.560] ask him to arrest the prosecuting attorney. [01:55:39.560 --> 01:55:43.560] That'd be a hoot. [01:55:43.560 --> 01:55:44.560] Okay, I interrupted you. [01:55:44.560 --> 01:55:45.560] Go ahead. [01:55:45.560 --> 01:55:46.560] No. [01:55:46.560 --> 01:55:53.560] I just wanted to put that out there because it seems that that's a tremendous opportunity that we're missing [01:55:53.560 --> 01:56:01.560] because they want to come after us for the slightest little perception that we didn't follow our promise. [01:56:01.560 --> 01:56:02.560] But wait a minute. [01:56:02.560 --> 01:56:04.560] Let's look at the Code of Criminal Procedure. [01:56:04.560 --> 01:56:08.560] All these rules that you have broken, rules. [01:56:08.560 --> 01:56:10.560] You have to rule my protection of due process. [01:56:10.560 --> 01:56:12.560] And you've skipped over all these. [01:56:12.560 --> 01:56:15.560] Each one of those is a violation of your promise. [01:56:15.560 --> 01:56:18.560] How about you going to jail for violating your promise? [01:56:18.560 --> 01:56:21.560] That is exactly what I want done. [01:56:21.560 --> 01:56:23.560] Yeah, and that's what we're after. [01:56:23.560 --> 01:56:29.560] The problem is you're trying to use the sword against the sword teacher, basically. [01:56:29.560 --> 01:56:32.560] Even though they're not really, that's the way they view it. [01:56:32.560 --> 01:56:34.560] Well, you can't use that against me. [01:56:34.560 --> 01:56:35.560] I'm the one that taught it to you. [01:56:35.560 --> 01:56:37.560] I'm the one responsible for it. [01:56:37.560 --> 01:56:38.560] You can't use that against me. [01:56:38.560 --> 01:56:47.560] So what they've done is put themselves in a separate class, a more privileged class than those of us out here. [01:56:47.560 --> 01:56:51.560] That alone is a constitutional violation. [01:56:51.560 --> 01:56:56.560] And there's nothing more fun than going and getting security and tell them to come with you [01:56:56.560 --> 01:57:02.560] because I think somebody's going to commit a crime, and when they do, I'm going to want you arrested. [01:57:02.560 --> 01:57:09.560] I was sitting with Michael Bannerick, and he was telling about me asking a bailiff to go in and arrest a district judge. [01:57:09.560 --> 01:57:11.560] Okay, we need to move quickly. [01:57:11.560 --> 01:57:14.560] We've got a couple of minutes and a half left, and we've got Gary from Georgia. [01:57:14.560 --> 01:57:15.560] Thanks, guys. [01:57:15.560 --> 01:57:16.560] All right, thank you. [01:57:16.560 --> 01:57:19.560] All right, thanks, Ken. [01:57:19.560 --> 01:57:22.560] Okay, Gary, you have about 45 seconds. [01:57:22.560 --> 01:57:23.560] Tops, go ahead. [01:57:23.560 --> 01:57:24.560] Yes, ma'am. [01:57:24.560 --> 01:57:36.560] I want to be real quick, and I want to answer how on a, say, a traffic issue they get to a so-called court when the APA administrative procedure, [01:57:36.560 --> 01:57:39.560] they haven't exhausted administrative procedures. [01:57:39.560 --> 01:57:42.560] Eddie's going to like that question. [01:57:42.560 --> 01:57:43.560] Yeah, I love that question. [01:57:43.560 --> 01:57:47.560] I've already got a brief saying, you can't get there from here. [01:57:47.560 --> 01:57:55.560] It fully deals with that issue in very minute detail. [01:57:55.560 --> 01:58:01.560] I have a friend in Pennsylvania who's very big on the Administrative Procedures Act as well. [01:58:01.560 --> 01:58:03.560] Everybody wants to ignore that one. [01:58:03.560 --> 01:58:07.560] Maybe we can talk about that some more on Thursday because we're out of time. [01:58:07.560 --> 01:58:09.560] Yeah, Gary, call back in on that one. [01:58:09.560 --> 01:58:10.560] I would like to discuss that. [01:58:10.560 --> 01:58:12.560] Okay, Gary, drop us a line. [01:58:12.560 --> 01:58:15.560] Okay, we'll talk about that some more on Thursday. [01:58:15.560 --> 01:58:20.560] All right, you've been listening to The Rule of Law, Randy Kelton, Eddie Craig, Deborah Stevens. [01:58:20.560 --> 01:58:21.560] We'll be back on Thursday. [01:58:21.560 --> 01:58:28.560] Tomorrow, we've got Tom Kiley, I'm in World Report Radio, and the Agenda 21 Talk Boys right after that at 8, Wednesday. [01:58:28.560 --> 01:58:37.560] We've got Richard Reeves with Outside of the Box Politics and, of course, Radio Free Oklahoma at 8, right after that. [01:58:37.560 --> 01:58:41.560] This is all Central Time, so we will see you guys on Thursday. [01:58:41.560 --> 01:58:59.560] Check out the archives from this previous weekend. [01:58:59.560 --> 01:59:03.560] My name is Randall Kelton and I co-host on Rule of Law Radio. [01:59:03.560 --> 01:59:08.560] We specialize in showing people how to strike back against corrupt public officials. [01:59:08.560 --> 01:59:15.560] With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders. [01:59:15.560 --> 01:59:21.560] If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy. [01:59:21.560 --> 01:59:32.560] Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the consumer protection laws [01:59:32.560 --> 01:59:36.560] to recover what the lenders have stolen through fraud and deception. [01:59:36.560 --> 01:59:43.560] We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime. [01:59:43.560 --> 01:59:47.560] Lender fraud is bankrupting this country and it's time to fight back. [01:59:47.560 --> 02:00:16.560] Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the money changers in their tracks.