[00:00.000 --> 00:04.680] This news brief brought to you by the International News Net. [00:04.680 --> 00:10.400] San Francisco police chief George Gaston says Arizona's draconian new immigration bill will [00:10.400 --> 00:15.960] deter victims and witnesses of violent crime from coming forward for fear of being arrested [00:15.960 --> 00:17.520] as illegal immigrants. [00:17.520 --> 00:24.120] Saying no Wall Street executive is quote too big for jail, 62 Congress members asked the [00:24.120 --> 00:28.960] Justice Department Wednesday to investigate whether Goldman Sachs and other Wall Street [00:28.960 --> 00:34.080] firms committed fraud in the lead up to the subprime mortgage meltdown. [00:34.080 --> 00:41.000] The progressive change campaign committee and moveon.org have collected 140,000 signatures [00:41.000 --> 00:43.920] supporting the request. [00:43.920 --> 00:51.080] A Washington Post ABC news poll released Wednesday shows fewer than one third of voters are inclined [00:51.080 --> 00:54.760] to vote for their current representative regardless of party. [00:54.760 --> 00:59.160] This news brief brought to you by the International News Net. [00:59.160 --> 01:04.040] A massive oil spill in the Gulf of Mexico is even worse than believed and officials [01:04.040 --> 01:09.600] are offering a military response to try to avert a monumental environmental disaster along [01:09.600 --> 01:12.760] the ecologically fragile US coastline. [01:12.760 --> 01:17.320] But the slick might be closer to shore than previously known and could have oil washing [01:17.320 --> 01:19.320] up on shore by Friday. [01:19.320 --> 01:24.880] Late Wednesday, crews began an experiment to burn off parts of the slick, crews turned [01:24.880 --> 01:30.360] to the idea after failing to stop the leak at the spot where a deep water platform exploded [01:30.360 --> 01:33.080] and sank April 20th. [01:33.080 --> 01:35.720] Eleven workers were missing and presumed dead. [01:35.720 --> 01:41.880] An estimated 210,000 gallons of oil a day was leaking into the Gulf creating a slick [01:41.880 --> 01:48.000] 100 miles long and 45 miles wide. [01:48.000 --> 01:52.920] Newspaper journalist Wayne Madsen has learned from US intelligence sources a super classified [01:52.920 --> 01:58.800] network with only some 70 terminals in select US government locations handled command and [01:58.800 --> 02:04.440] control activities that permitted the 9-11 terrorist attacks to be successful. [02:04.440 --> 02:09.680] The quote above top secret network bears the acronym PDAS. [02:09.680 --> 02:15.920] On 9-11, PDAS was used to convey information from the Air Force Chief of Staff to the White [02:15.920 --> 02:21.320] House and other agencies that the Air Force had downed a target over Pennsylvania believed [02:21.320 --> 02:24.320] to be United Flight 93. [02:24.320 --> 02:29.400] Transportation Secretary Norman Mineta claimed Dick Cheney was present at the Presidential [02:29.400 --> 02:36.200] Emergency Operations Center at the White House at 9.25 a.m. on 9-11 before American Airlines [02:36.200 --> 02:39.880] Flight 77 allegedly struck the Pentagon. [02:39.880 --> 02:44.520] Mineta told the 9-11 Commission, quote, during the time that the airplane was coming into [02:44.520 --> 02:49.920] the Pentagon, the young man said to the Vice President, do the orders still stand? [02:49.920 --> 02:53.720] And the Vice President said, quote, of course the orders still stand. [02:53.720 --> 02:55.720] Have you heard anything to the contrary? [02:55.720 --> 03:00.320] Top of the hour news brought to you by INN World Report. [03:00.320 --> 03:07.320] You are listening to the Rule of Law Radio Network at ruleoflawradio.com. [03:07.320 --> 03:11.320] Live free speech talk radio at its best. [03:11.320 --> 03:15.320] Thank you. [03:41.320 --> 03:48.320] I'm going to do. [03:48.320 --> 03:55.320] I'm going to do. [03:55.320 --> 04:02.320] I'm going to do. [04:02.320 --> 04:09.320] I'm going to do. [04:09.320 --> 04:16.320] I'm going to do. [04:16.320 --> 04:23.320] I'm going to do. [04:23.320 --> 04:30.320] I'm going to do. [04:30.320 --> 04:37.320] I'm going to do. [04:37.320 --> 04:44.320] I'm going to do. [04:44.320 --> 04:52.320] I'm going to do. [04:52.320 --> 04:53.320] All right. [04:53.320 --> 05:00.320] Bad boys, bad boys, what are you going to do when we come for you? [05:00.320 --> 05:08.320] This is the Rule of Law, Randy Kelton, Eddie Craig, and Deborah Stevens. [05:08.320 --> 05:14.320] The Rule of Law Radio Show on Rule of Law. [05:14.320 --> 05:19.320] I think that's our guest on the line having some car trouble here. [05:19.320 --> 05:22.320] We're going to bring up our guest in just a moment, but in the meantime, [05:22.320 --> 05:28.320] this is the Rule of Law Radio Show on Rule of Law Radio Network. [05:28.320 --> 05:33.320] Once again, folks, it's becoming a daily issue now. [05:33.320 --> 05:35.320] There's a lot of confusion out there. [05:35.320 --> 05:42.320] This is a radio show, and this is a radio show on Rule of Law Radio Network. [05:42.320 --> 05:44.320] It is an Internet stream. [05:44.320 --> 05:51.320] It is an Internet-based radio network streaming out live to the world [05:51.320 --> 05:58.320] over the Internet, and we do have 20 AM and FM radio station affiliates [05:58.320 --> 06:02.320] that rebroadcast the network. [06:02.320 --> 06:06.320] Okay, and so this is a radio show again. [06:06.320 --> 06:10.320] It's not a conference call, and callers who would like to call in [06:10.320 --> 06:16.320] and talk on the air is 512-646-1984. [06:16.320 --> 06:19.320] We would appreciate people, as many people as possible, [06:19.320 --> 06:22.320] even if you are in a city that has an affiliate, [06:22.320 --> 06:25.320] where if you're listening in Austin on 90.1 [06:25.320 --> 06:28.320] or in any of the other various cities that carry us on AM or FM, [06:28.320 --> 06:30.320] if you could please hit up your computer [06:30.320 --> 06:35.320] and pull the stream off of ruleoflawradio.com anyway [06:35.320 --> 06:38.320] so that we can get our numbers up on Shoutcast [06:38.320 --> 06:41.320] so we can get a better idea of how many listeners we have out there. [06:41.320 --> 06:43.320] That would be very much appreciated. [06:43.320 --> 06:47.320] If you don't have a computer and you are not in an area [06:47.320 --> 06:50.320] where you can hear us on the AM or FM, [06:50.320 --> 06:53.320] or if you're driving out of the range of one of the AM or FM, [06:53.320 --> 07:01.320] you can listen on the listener line at 512-485-9010. [07:01.320 --> 07:05.320] So that's a little bit of information about our radio network, [07:05.320 --> 07:08.320] our radio station, our radio show, [07:08.320 --> 07:11.320] and the lines, the call-in lines. [07:11.320 --> 07:13.320] Okay, so without further ado, [07:13.320 --> 07:18.320] we are going now to our guest who is our newest sponsor, [07:18.320 --> 07:23.320] Chad Tyson from Capital Coin and Boolean right here in Austin. [07:23.320 --> 07:25.320] Chad, thank you for joining us tonight. [07:25.320 --> 07:28.320] Well, thank you, Debra. Thanks for having me on tonight. [07:28.320 --> 07:29.320] We really appreciate it. [07:29.320 --> 07:31.320] Chad is our newest sponsor. [07:31.320 --> 07:36.320] Apparently some of our listeners recommended us to him for advertising [07:36.320 --> 07:39.320] because he was looking for an outlet to get the word out. [07:39.320 --> 07:41.320] And Chad, we're so happy to have you on board here. [07:41.320 --> 07:44.320] And I met Chad a couple of days ago. [07:44.320 --> 07:50.320] I went up to his place at 5448 Burnett Road Suite 3. [07:50.320 --> 07:53.320] And Chad, you've got some really good deals there. [07:53.320 --> 08:00.320] A lot of Boolean and coin dealers have a considerable markup on their products, [08:00.320 --> 08:02.320] but you've got very reasonable rates. [08:02.320 --> 08:06.320] Why don't you tell us a little bit about your business and how you got into this? [08:06.320 --> 08:08.320] Well, yeah, Debra. [08:08.320 --> 08:11.320] To go off what you just said, you know, we're trying to be fair. [08:11.320 --> 08:13.320] We're not trying to get rich off anybody. [08:13.320 --> 08:17.320] We're just trying to, you know, kind of basically spread the wealth. [08:17.320 --> 08:20.320] The way we got into this was three and a half years ago. [08:20.320 --> 08:24.320] We were in the antique business, living in Fredericksburg, Texas. [08:24.320 --> 08:28.320] And I had opened a shop in downtown Fredericksburg. [08:28.320 --> 08:31.320] Two weeks after we opened the shop, Lehman Brothers crashed, [08:31.320 --> 08:33.320] and the whole thing went down. [08:33.320 --> 08:37.320] That taught me a valuable lesson about money. [08:37.320 --> 08:42.320] So I basically, to make a long story short, started selling off my coin collection, [08:42.320 --> 08:47.320] and, you know, three and a half years later, here we are in the business. [08:47.320 --> 08:52.320] So, I mean, yeah, that's the history of it. [08:52.320 --> 08:54.320] Now, your shop is relatively new. [08:54.320 --> 08:59.320] Did you just get to Austin, like, within the last year or so? [08:59.320 --> 09:04.320] Yeah, actually, we opened the shop last October, my wife and I, Becky. [09:04.320 --> 09:10.320] We opened it last October, as you said, on Burnett, 5448 Burnett. [09:10.320 --> 09:14.320] So, yeah, we're basically kind of new guys here in town. [09:14.320 --> 09:15.320] That's great. [09:15.320 --> 09:19.320] So give us a little bit of an idea about what people can expect, [09:19.320 --> 09:23.320] what kind of deals can they get, what kind of products do you have, [09:23.320 --> 09:27.320] what kind of metals products do you have, and what services do you offer? [09:27.320 --> 09:28.320] Okay. [09:28.320 --> 09:31.320] Well, first off, what kind of deals they can expect to get are good ones. [09:31.320 --> 09:33.320] As I told you earlier, we're not trying to get rich. [09:33.320 --> 09:37.320] We're trying to just make sure that everybody that wants to can protect [09:37.320 --> 09:42.320] and ensure their personal wealth, their dollars, with any precious metals, [09:42.320 --> 09:46.320] if that's, you know, if that's an investment tool that they're looking into. [09:46.320 --> 09:52.320] And we offer silver, bullion, anywhere from 100-ounce bars [09:52.320 --> 09:55.320] down to 1-ounce different types of rounds. [09:55.320 --> 09:57.320] And we offer gold, same thing. [09:57.320 --> 10:00.320] You can get large amounts if you want, or you can come in and get down. [10:00.320 --> 10:03.320] Below is 5-gram bars. [10:03.320 --> 10:05.320] We also offer platinum and palladium [10:05.320 --> 10:10.320] to people who are looking for that type of investment. [10:10.320 --> 10:11.320] That's fantastic. [10:11.320 --> 10:13.320] Yeah. [10:13.320 --> 10:16.320] So you got into the antique business, [10:16.320 --> 10:20.320] and then the big Lehman Brothers fiasco happened, [10:20.320 --> 10:22.320] and you ended up having to sell some of your coins. [10:22.320 --> 10:28.320] So you started realizing the value of metals as true money. [10:28.320 --> 10:29.320] Is that correct? [10:29.320 --> 10:31.320] Yeah, well, I mean, I realized it before that. [10:31.320 --> 10:33.320] My dad actually taught me when I was a kid [10:33.320 --> 10:38.320] about the true value of precious metals being silver and gold mostly. [10:38.320 --> 10:45.320] But yeah, but that whole Lehman Brothers having to close the antique business [10:45.320 --> 10:47.320] and everything just kind of sealed the deal. [10:47.320 --> 10:51.320] I didn't know how much I believed my dad, but after that happened, I believed him. [10:51.320 --> 10:52.320] Right. [10:52.320 --> 10:57.320] Well, paper money isn't real money, as we've discussed on this show before. [10:57.320 --> 10:58.320] Oh, for sure. [10:58.320 --> 11:04.320] And the dollar is just, the inflation is getting more and more outrageous every day. [11:04.320 --> 11:08.320] And to give folks an idea of where our dollar is headed, [11:08.320 --> 11:11.320] and as our good friend Bill Veith has always discussed, [11:11.320 --> 11:13.320] it happens to every fiat currency. [11:13.320 --> 11:17.320] The fate of every fiat currency is the same. [11:17.320 --> 11:19.320] It will eventually crash. [11:19.320 --> 11:23.320] Purchasing power will eventually go to just about nil, [11:23.320 --> 11:28.320] and the paper currency will eventually become worth less [11:28.320 --> 11:32.320] than the actual physical paper and ink that it's printed on. [11:32.320 --> 11:35.320] And one of the items that Chad has, [11:35.320 --> 11:39.320] one of the few times I wish I had a webcam here for the listeners to see, [11:39.320 --> 11:41.320] I would hold this up for folks. [11:41.320 --> 11:48.320] One of the items that Chad has at his coin shop is a reserve note [11:48.320 --> 11:51.320] from the Reserve Bank of Zimbabwe. [11:51.320 --> 11:57.320] And it's a note that says a hundred trillion dollars on it. [11:57.320 --> 11:58.320] Yeah, that's correct. [11:58.320 --> 12:00.320] A hundred trillion dollars. [12:00.320 --> 12:02.320] So I'm a trillionaire now in Zimbabwe. [12:02.320 --> 12:03.320] You are a trillionaire. [12:03.320 --> 12:05.320] It's about 13 cents here. [12:05.320 --> 12:07.320] But that's funny because that's actually one of my greatest sellers [12:07.320 --> 12:11.320] is because I believe people are starting to wake up to, you know, fiat currency. [12:11.320 --> 12:15.320] And I mean, people love that, so they can, you know, [12:15.320 --> 12:18.320] it's kind of like an educational tool to show their first and everything. [12:18.320 --> 12:20.320] So yeah, that's a great seller. [12:20.320 --> 12:21.320] Yeah, absolutely. [12:21.320 --> 12:23.320] I was hearing a story. [12:23.320 --> 12:26.320] We have a financial analyst that's a guest sometimes. [12:26.320 --> 12:31.320] And he was telling a story from a news item from Zimbabwe [12:31.320 --> 12:35.320] where there was a woman who went to the market to buy some food. [12:35.320 --> 12:38.320] And, you know, the place was packed, you know, [12:38.320 --> 12:43.320] and everybody's got these giant bags and, you know, carts full of paper currency. [12:43.320 --> 12:47.320] And so she left hers outside so she could go in and see what was available [12:47.320 --> 12:50.320] and see what she wanted to get because apparently the prices, [12:50.320 --> 12:53.320] I mean, they are changing basically every five minutes. [12:53.320 --> 12:56.320] The rate of inflation is so dramatic over there. [12:56.320 --> 12:58.320] And so when she figured out what she wanted, [12:58.320 --> 13:03.320] she went back outside to get the money or to get the currency rather. [13:03.320 --> 13:05.320] And guess what was stolen? [13:05.320 --> 13:06.320] It wasn't the paper. [13:06.320 --> 13:07.320] It was the wheelbarrow. [13:07.320 --> 13:08.320] The wheelbarrow. [13:08.320 --> 13:11.320] Yeah, somebody stole the wheelbarrow because, you know, [13:11.320 --> 13:13.320] the paper currency was worthless. [13:13.320 --> 13:15.320] Yeah, probably dumped off paper and took the wheelbarrow. [13:15.320 --> 13:18.320] Yeah, they dumped all the paper on the ground and just took the wheelbarrow. [13:18.320 --> 13:19.320] I can definitely believe that. [13:19.320 --> 13:22.320] You know, the wheelbarrow has uses. [13:22.320 --> 13:23.320] Absolutely. [13:23.320 --> 13:26.320] So metals is really where it's at, commodities, hard commodities, [13:26.320 --> 13:32.320] taking physical possession of your coins and your bullion [13:32.320 --> 13:37.320] instead of investing in paper profits is really where it's at. [13:37.320 --> 13:42.320] A lot of forecasters are predicting that the spot prices of metals [13:42.320 --> 13:45.320] are going to go parabolic within the next couple of years. [13:45.320 --> 13:51.320] Silver could go upwards anywhere from $300 to $800 an ounce. [13:51.320 --> 13:53.320] Right now it's at $18. [13:53.320 --> 13:57.320] And it's not going to be much longer before they're not going to be able [13:57.320 --> 14:00.320] to manipulate the spot prices of metals anymore because, [14:00.320 --> 14:04.320] especially with silver, silver is a raw material. [14:04.320 --> 14:10.320] Half over half the silver that is mined, most of it actually, is used in industry. [14:10.320 --> 14:15.320] It's used up and it's not cost effective to recover it. [14:15.320 --> 14:18.320] It's used in the computer industry and in circuit boards. [14:18.320 --> 14:20.320] It's used in the medical industry. [14:20.320 --> 14:21.320] It's used in the textile industry. [14:21.320 --> 14:25.320] They're sewing silver threads into clothes now for hospital workers [14:25.320 --> 14:28.320] because of the antibacterial properties of silver. [14:28.320 --> 14:31.320] And so silver is a raw material. [14:31.320 --> 14:36.320] It's not so much like gold where it's a store hold of wealth. [14:36.320 --> 14:42.320] And eventually the laws of supply and demand are going to take over [14:42.320 --> 14:45.320] and it's not going to be much longer before that happens. [14:45.320 --> 14:49.320] And then the powers that be are not going to be able to control the spot prices [14:49.320 --> 14:52.320] of metals anymore because these futures contracts, [14:52.320 --> 14:56.320] which is what they use to formulate the spot price, [14:56.320 --> 15:00.320] it's not going to matter anymore because the miners are going to say, [15:00.320 --> 15:03.320] look, if you guys want more silver, you're going to have to pay more [15:03.320 --> 15:07.320] because we need more because we have to dig deeper in all these things. [15:07.320 --> 15:12.320] So I highly recommend folks to get into metals of some sort [15:12.320 --> 15:16.320] as soon as possible before the prices skyrocket [15:16.320 --> 15:21.320] and Chad Tyson's place is the best place to do it in town. [15:21.320 --> 15:23.320] And Chad, you also ship worldwide. [15:23.320 --> 15:24.320] Is that correct? [15:24.320 --> 15:26.320] Well, we do ship worldwide. [15:26.320 --> 15:30.320] I prefer to ship nationwide, but yeah, we do ship worldwide. [15:30.320 --> 15:35.320] There's certain things that I'm not able to ship out of the country, but yeah. [15:35.320 --> 15:36.320] I have to answer your question. [15:36.320 --> 15:38.320] We do ship worldwide, but as I said, [15:38.320 --> 15:42.320] I'm trying to get most attention to our local people here [15:42.320 --> 15:45.320] and people of our fine nation, you know. [15:45.320 --> 15:46.320] Absolutely. [15:46.320 --> 15:49.320] So folks in Austin, go to Capital Coin and Boolean. [15:49.320 --> 15:53.320] And for other listeners who are listening across the country, [15:53.320 --> 16:00.320] you can call 512-646-6440 and order from Chad. [16:00.320 --> 16:01.320] Excellent. [16:01.320 --> 16:03.320] Well, Debra, I'm so glad that you gave me the opportunity [16:03.320 --> 16:05.320] to help you all station out and your show. [16:05.320 --> 16:10.320] And just I love the deal and all your listeners and all the great people out there. [16:10.320 --> 16:11.320] Absolutely. [16:11.320 --> 16:13.320] Thank you so much for coming on the air. [16:13.320 --> 16:16.320] Randy, do you have any comments for Chad? [16:16.320 --> 16:18.320] Well, I'm glad he's around. [16:18.320 --> 16:19.320] I have a place to go. [16:19.320 --> 16:20.320] Yes, you do, Randy. [16:20.320 --> 16:22.320] Yes, you do. [16:22.320 --> 16:23.320] Absolutely. [16:23.320 --> 16:26.320] It's good to have some place local where he can just go pick some stuff up [16:26.320 --> 16:29.320] instead of having to order online, especially. [16:29.320 --> 16:30.320] Yeah, that is a great thing. [16:30.320 --> 16:31.320] There's no wait. [16:31.320 --> 16:32.320] You come in. [16:32.320 --> 16:34.320] You leave with what you want. [16:34.320 --> 16:37.320] And folks, you can sell your jewelry to Chad as well [16:37.320 --> 16:42.320] if you have old jewelry that you want to trade in for some cash. [16:42.320 --> 16:43.320] All right, Chad. [16:43.320 --> 16:45.320] Well, thanks for joining us tonight. [16:45.320 --> 16:46.320] Thank you so much. [16:46.320 --> 16:47.320] Okay. [16:47.320 --> 16:50.320] We'll be right back on the other side with Eddie and Randy. [16:50.320 --> 16:53.320] This is the rule of law. [17:20.320 --> 17:23.320] We offer daily specials on coins and bullion. [17:23.320 --> 17:27.320] We're located at 5448 Burnett Road, Suite 3, [17:27.320 --> 17:30.320] and we're open Monday through Friday 10 a.m. to 6 p.m. [17:30.320 --> 17:33.320] Saturdays to 10 a.m. to 5 p.m. [17:33.320 --> 17:36.320] You are welcome to stop in our shop during regular business hours [17:36.320 --> 17:41.320] or call 512-646-6440 with any questions. [17:41.320 --> 17:45.320] Ask for Chad and say you heard about us on Rule of Law. [17:45.320 --> 17:50.320] Radio or 90.1 FM and get a special discount. [17:50.320 --> 17:56.320] That's capital coin and bullion, 512-646-6440. [17:56.320 --> 18:25.320] 512-646-6440. [18:25.320 --> 18:29.320] All right, we asked the questions, and look what we get. [18:29.320 --> 18:30.320] They're oath. [18:30.320 --> 18:32.320] They're not abiding. [18:32.320 --> 18:34.320] They don't have the answers. [18:34.320 --> 18:38.320] They try to put us on the slippery, slidey slope of tyranny, [18:38.320 --> 18:40.320] and we're not putting up with it. [18:40.320 --> 18:43.320] And we've got Eddie Craig and Randy tonight. [18:43.320 --> 18:48.320] And, Eddie, you wanted to talk about what, first off, what is a law, [18:48.320 --> 18:51.320] and you're going to get into the enacting clause. [18:51.320 --> 18:52.320] Yes. [18:52.320 --> 18:57.320] Okay, let's set the stage here for a minute. [18:57.320 --> 19:00.320] First off, what is the people's law? [19:00.320 --> 19:05.320] The people's law is the various constitutions, the one for their state [19:05.320 --> 19:08.320] and the one for the federal as we know it, okay? [19:08.320 --> 19:10.320] That's the people's law. [19:10.320 --> 19:14.320] It is the basis of all law enacted by all legislature, [19:14.320 --> 19:19.320] at least as far as saying what kind of law they can and cannot make. [19:19.320 --> 19:25.320] Now, this is Black's Law 6th edition definition of law. [19:25.320 --> 19:29.320] That which is laid down, ordained, or established, [19:29.320 --> 19:35.320] a rule or method according to which phenomena or actions co-exist [19:35.320 --> 19:37.320] or follow each other. [19:37.320 --> 19:41.320] Law, in its generic sense, is a body of rules of action or conduct [19:41.320 --> 19:46.320] prescribed by controlling authority and having binding legal force. [19:46.320 --> 19:50.320] That which must be obeyed and followed by citizens [19:50.320 --> 19:54.320] subject to sanctions or legal consequences is a law. [19:54.320 --> 19:59.320] Law is a solemn expression of the will of the supreme power of the state. [19:59.320 --> 20:04.320] Okay, I have a very big problem with the last part of that definition. [20:04.320 --> 20:07.320] The will of the supreme power of the state. [20:07.320 --> 20:09.320] I'm sorry. [20:09.320 --> 20:13.320] Let's see, Article 1, Section 2, Texas Constitution, [20:13.320 --> 20:17.320] that the people are the superior political power holders. [20:17.320 --> 20:22.320] We are the supreme power, not the state, because the state exists because of us. [20:22.320 --> 20:25.320] The state is not the supreme power. [20:25.320 --> 20:28.320] We are the supreme power of the state. [20:28.320 --> 20:29.320] That's correct. [20:29.320 --> 20:31.320] Not the state. [20:31.320 --> 20:32.320] All right. [20:32.320 --> 20:33.320] So that's correct. [20:33.320 --> 20:40.320] Now, the law of a state is to be found in its statutory and constitutional enactments [20:40.320 --> 20:46.320] as interpreted by its courts and in absence of statute law in rulings of its courts. [20:46.320 --> 20:48.320] Okay? [20:48.320 --> 20:53.320] Word law generally contemplates both statutory and case law. [20:53.320 --> 20:55.320] Well, we got other issues with that. [20:55.320 --> 20:59.320] But that's the basic definition of a law. [20:59.320 --> 21:05.320] Now, Texas, the people of Texas had the foresight to put something else into our [21:05.320 --> 21:11.320] Constitution telling our public servants how we required them to do business [21:11.320 --> 21:15.320] and how we required them to conduct the people's business. [21:15.320 --> 21:21.320] Now, we all know that you can't turn any direction without somebody telling you [21:21.320 --> 21:24.320] you're violating a law these days. [21:24.320 --> 21:25.320] You've got state law. [21:25.320 --> 21:27.320] You've got county ordinance. [21:27.320 --> 21:29.320] You've got city ordinance. [21:29.320 --> 21:36.320] You've got all these things that are identified by the powers that be as a law. [21:36.320 --> 21:44.320] However, the people obviously saw this coming because we made a rule for it. [21:44.320 --> 21:49.320] And guess what's not happening in Texas and most likely virtually every other [21:49.320 --> 21:51.320] state of the union? [21:51.320 --> 21:56.320] The people's rules, once again, are not being followed by the public servants. [21:56.320 --> 22:02.320] Case in point, if you look in the Texas Constitution, Article 3, Section 29, [22:02.320 --> 22:07.320] it reads thusly, enacting clause of laws. [22:07.320 --> 22:13.320] The enacting clause of all laws shall be, be it enacted by the legislature of [22:13.320 --> 22:15.320] the state of Texas. [22:15.320 --> 22:20.320] So let me ask you a question, public servants that have your ears on out there. [22:20.320 --> 22:26.320] By what authority do you enact an ordinance, whether it be county or municipal, [22:26.320 --> 22:30.320] and have the audacity to call it law? [22:30.320 --> 22:35.320] Obviously, your ordinances are not enacted by the legislature. [22:35.320 --> 22:40.320] This enacting clause says in order for it to be called a law, this enacting [22:40.320 --> 22:44.320] clause must appear on the face of the law. [22:44.320 --> 22:50.320] The other problem this presents, of course, is that absent the passing of the [22:50.320 --> 22:54.320] legislature, no one else in Texas has the authority to create law. [22:54.320 --> 22:59.320] And nowhere in the Constitution did we give the legislature delegatable [22:59.320 --> 23:04.320] authority for anyone else to create law. [23:04.320 --> 23:09.320] That's just like what Congress was never given to delegate money printing power [23:09.320 --> 23:10.320] to the Fed. [23:10.320 --> 23:12.320] We didn't give them that authority. [23:12.320 --> 23:14.320] It was usurped. [23:14.320 --> 23:18.320] Well, that's exactly what's going on when a city or a county tells you you're [23:18.320 --> 23:20.320] violating an ordinance. [23:20.320 --> 23:22.320] Well, I'm sorry. [23:22.320 --> 23:27.320] You cannot violate an ordinance because in order for you to be able to violate [23:27.320 --> 23:30.320] it, it must be a law. [23:30.320 --> 23:34.320] This says it cannot possibly be a law. [23:34.320 --> 23:43.320] Now, you've all heard me say many, many times that municipalities' ordinances [23:43.320 --> 23:51.320] and county ordinances can only have legal authority over those employed by [23:51.320 --> 23:56.320] that county or by that municipality, and this is their rules that those [23:56.320 --> 23:58.320] employees must abide by. [23:58.320 --> 24:00.320] That's what their ordinances are. [24:00.320 --> 24:05.320] This section of the Constitution clarifies that better than any other. [24:05.320 --> 24:08.320] It cannot be law. [24:08.320 --> 24:13.320] And if it is not law, it is not binding upon the people. [24:13.320 --> 24:17.320] It can't be binding upon the people. [24:17.320 --> 24:25.320] So let's take one more look at the red light camera tickets under that type of [24:25.320 --> 24:27.320] situation. [24:27.320 --> 24:32.320] They're all enacted through the basis of city ordinance. [24:32.320 --> 24:34.320] There's a state law behind them. [24:34.320 --> 24:36.320] That's true. [24:36.320 --> 24:38.320] But the state's not putting them in place. [24:38.320 --> 24:40.320] The municipalities are. [24:40.320 --> 24:45.320] It's a civil offense which you go before a municipal administrative court to [24:45.320 --> 24:47.320] answer to. [24:47.320 --> 24:52.320] So it's controlled and operated by the municipality. [24:52.320 --> 24:56.320] So it can't possibly be law, folks. [24:56.320 --> 24:58.320] It can't be law. [24:58.320 --> 25:01.320] It has no enacting clause. [25:01.320 --> 25:05.320] It is not passed by the legislature. [25:05.320 --> 25:11.320] It's without force, effect, and authority of any kind. [25:11.320 --> 25:14.320] Now, Randy's got a few things he likes to argue about this, but I think I [25:14.320 --> 25:17.320] finally swung him around to seeing my side of it, and I think he likes the [25:17.320 --> 25:20.320] argument, but I want him to say that. [25:20.320 --> 25:21.320] All right, all right. [25:21.320 --> 25:23.320] I like the argument. [25:23.320 --> 25:28.320] I like the argument because when we go after them on the Texas [25:28.320 --> 25:35.320] transportation code and they try to dance around that, if we get them [25:35.320 --> 25:40.320] hammered on the transportation code, what they're going to do is just codify [25:40.320 --> 25:42.320] their own code. [25:42.320 --> 25:45.320] I know in Dallas, if you get a ticket, you get charged under the municipal [25:45.320 --> 25:48.320] code, not the transportation code. [25:48.320 --> 25:56.320] So I always like to be a step ahead, and once we demonstrate that while the [25:56.320 --> 26:00.320] city of Austin may have authority to enforce transportation code, the [26:00.320 --> 26:02.320] officers don't. [26:02.320 --> 26:06.320] And even if they did, they can't enforce it against us, so then the city is [26:06.320 --> 26:12.320] going to get real busy and write a whole bunch of ordinances where we're [26:12.320 --> 26:18.320] ready for those to, because we'll be able to show they don't have authority [26:18.320 --> 26:22.320] to write those ordinances. [26:22.320 --> 26:26.320] It's going to be fun. [26:26.320 --> 26:28.320] So we have a new tool in the bag, folks. [26:28.320 --> 26:31.320] Let's try to make the most of it. [26:31.320 --> 26:35.320] Now, Randy, there was something you were talking about wanting to present. [26:35.320 --> 26:41.320] Well, it's just I was talking about, you know, I've been thinking about one [26:41.320 --> 26:46.320] primary problem that we keep running into. [26:46.320 --> 26:51.320] Eddie and I did a show the other night with Pastor Massad, and he told about [26:51.320 --> 26:55.320] doing a mock trial. [26:55.320 --> 27:01.320] And this was at a seminar, and Pastor Massad came in late, so most of the [27:01.320 --> 27:04.320] people there didn't know him. [27:04.320 --> 27:10.320] Now, they held a mock trial, and they knew who he was academically, but they [27:10.320 --> 27:12.320] just didn't know him personally. [27:12.320 --> 27:15.320] And he sat in as the judge. [27:15.320 --> 27:19.320] And he said in this mock trial, people came up before him, and they stuttered [27:19.320 --> 27:23.320] and they stammered, and their hands were shaking. [27:23.320 --> 27:29.320] And I'm thinking, what in the world is going on with us? [27:29.320 --> 27:36.320] And I sat down and thought about this, trying to figure out how to handle this [27:36.320 --> 27:38.320] particular problem. [27:38.320 --> 27:40.320] And it kind of reminded me of a time. [27:40.320 --> 27:43.320] I've got a friend I mentioned every once in a while. [27:43.320 --> 27:45.320] His name is Leon. [27:45.320 --> 27:52.320] Leon is 6'7", 500 pounds, one of the biggest people I've ever met. [27:52.320 --> 27:59.320] And several years ago, he wanted me to go to court with him because he had a [27:59.320 --> 28:01.320] traffic ticket. [28:01.320 --> 28:10.320] And we went down to the court, and when we walked in the door, into the courtroom, [28:10.320 --> 28:12.320] something changed. [28:12.320 --> 28:15.320] Leon became a different person. [28:15.320 --> 28:20.320] And as I sat there and watched him, I was astounded. [28:20.320 --> 28:27.320] He reminded me for all the world of when I was in high school. [28:27.320 --> 28:34.320] He acted just like I did when I was in high school, the anger, the petulance, [28:34.320 --> 28:39.320] and the abject terror of power of people in authority. [28:39.320 --> 28:46.320] It was such a contrast that I was really taken aback by it. [28:46.320 --> 28:51.320] And when I talked to Pastor Massad the other day, it kind of became clear what [28:51.320 --> 28:54.320] was going on. [28:54.320 --> 29:01.320] You know, we spend most of the early part of our life subject to some [29:01.320 --> 29:05.320] overpowering, one overpowering authority or another. [29:05.320 --> 29:10.320] We start out with our parents, and however benevolent they may be, they are [29:10.320 --> 29:15.320] still an absolute authority we cannot resist. [29:15.320 --> 29:21.320] And we grow up from that and go to school, and we fall under another authority. [29:21.320 --> 29:27.320] And granted, the schools are required by law to instill in the child a deep [29:27.320 --> 29:30.320] and abiding faith in and respect for the American form of government. [29:30.320 --> 29:34.320] And they do that, and they tell us what a great country we have and all the [29:34.320 --> 29:39.320] rights we have, while they're clearly demonstrating to us don't even think of [29:39.320 --> 29:43.320] trying to exercise one wider in this school. [29:43.320 --> 29:47.320] And I'll finish this up on the other side. [29:47.320 --> 29:49.320] I think you're going to like this. [29:49.320 --> 29:51.320] This is Randy Kelton, Eddie Craig. [29:51.320 --> 29:55.320] Deborah Stevens on the Eddie Craig Show. [29:55.320 --> 30:01.320] We'll be back shortly. [30:01.320 --> 30:05.320] My name is Randall Kelton, and I co-host on Rule of Law Radio. [30:05.320 --> 30:09.320] We specialize in showing people how to strike back against corrupt public [30:09.320 --> 30:10.320] officials. [30:10.320 --> 30:14.320] With the mortgage crisis worsening, we set our sights on finding a remedy for [30:14.320 --> 30:16.320] people who have been cheated by their lenders. [30:16.320 --> 30:20.320] If you have a mortgage or have paid yours off, you have probably been cheated [30:20.320 --> 30:21.320] out of thousands. [30:21.320 --> 30:23.320] But there is a remedy. [30:23.320 --> 30:31.320] Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to [30:31.320 --> 30:35.320] use the consumer protection laws to recover what the lenders have stolen [30:35.320 --> 30:37.320] through fraud and deception. [30:37.320 --> 30:41.320] We will prepare for you a qualified written request that will expose the [30:41.320 --> 30:44.320] fraud and put the lenders on the dime. [30:44.320 --> 30:48.320] Lender fraud is bankrupting this country, and it's time to fight back. [30:48.320 --> 30:56.320] Go to remediesinrealestate.com or call 512-430-4140 and get the information [30:56.320 --> 31:01.320] you need to stop the money changers in their tracks. [31:01.320 --> 31:04.320] Are you the plaintiff or defendant in a lawsuit? [31:04.320 --> 31:08.320] Win your case without an attorney with Jurisdictionary, the affordable, [31:08.320 --> 31:15.320] easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step. [31:15.320 --> 31:19.320] If you have a lawyer, know what your lawyer should be doing. [31:19.320 --> 31:23.320] If you don't have a lawyer, know what you should do for yourself. [31:23.320 --> 31:28.320] Thousands have won with our step-by-step course, and now you can too. [31:28.320 --> 31:33.320] Jurisdictionary was created by a licensed attorney with 22 years of case-winning [31:33.320 --> 31:34.320] experience. [31:34.320 --> 31:39.320] Even if you're not in a lawsuit, you can learn what everyone should understand [31:39.320 --> 31:43.320] about the principles and practices that control our American courts. [31:43.320 --> 31:49.320] You'll receive our audio classroom, video seminar, tutorials, forms for civil [31:49.320 --> 31:52.320] cases, pro se tactics, and much more. [31:52.320 --> 31:58.320] Please visit ruleoflawradio.com and click on the banner or call toll-free, [31:58.320 --> 32:01.320] 866-LAW-EZ. [32:01.320 --> 32:07.320] Yeah, Mr. Officer, you're taking the right hand. [32:07.320 --> 32:12.320] Won't you follow the law of the land? [32:12.320 --> 32:15.320] I don't understand. [32:15.320 --> 32:18.320] This law is different from the service. [32:18.320 --> 32:21.320] It's not beat out of beans. [32:21.320 --> 32:24.320] Officer! [32:24.320 --> 32:46.320] When you're going to stop abuse, you're power. [32:46.320 --> 32:52.320] So please, Mr. McAuliffe, teach officer not to abuse your power. [32:52.320 --> 32:59.320] Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig, and we're back. [32:59.320 --> 33:08.320] And I was discussing a problem I see a lot in talking to people when they call [33:08.320 --> 33:13.320] in about their problems and their issues. [33:13.320 --> 33:19.320] When we talk about what to do and remedies, a lot of people call in and they [33:19.320 --> 33:23.320] hear the remedies and they like the stories. [33:23.320 --> 33:29.320] But when they go down to the courthouse, everything changes. [33:29.320 --> 33:34.320] We figure out what we're going to say and we get our story all lined out and [33:34.320 --> 33:40.320] we get everything structured and we get down there and get tongue-tied. [33:40.320 --> 33:43.320] And everything just goes to the devil. [33:43.320 --> 33:51.320] I'm going to suggest something in psychology, they call it a reframe, that [33:51.320 --> 33:54.320] we learn to look at things different. [33:54.320 --> 34:03.320] Anyone who is concerned about going to fight a ticket, go down to the [34:03.320 --> 34:06.320] courthouse when you don't have a ticket. [34:06.320 --> 34:09.320] Just go down there and watch. [34:09.320 --> 34:15.320] You will find a whole, you'll have a whole different demeanor. [34:15.320 --> 34:19.320] You'll look at the police and the prosecutors and the judges and the [34:19.320 --> 34:24.320] bailiffs from a totally different perspective. [34:24.320 --> 34:32.320] Our first 12 years of experience with governmental officials was in school. [34:32.320 --> 34:37.320] And they went through a lot of trouble to keep us under their thumb, to keep [34:37.320 --> 34:40.320] us under absolute control. [34:40.320 --> 34:45.320] They seemed to have this abject terror that the slightest jink in their [34:45.320 --> 34:49.320] armor would lead to immediate chaos. [34:49.320 --> 34:52.320] So in spite of what they told us about this great and wonderful country we [34:52.320 --> 35:00.320] lived in, they kept us under absolute totalitarian control and programmed us [35:00.320 --> 35:03.320] to respond to that control. [35:03.320 --> 35:07.320] We get out of school, we're going about our lives. [35:07.320 --> 35:13.320] But when we're called back by some of our public officials and we walk in [35:13.320 --> 35:21.320] the door, the only tools we have for dealing with individuals in control is [35:21.320 --> 35:28.320] what we learned in school, except for one other place. [35:28.320 --> 35:34.320] Any of you who have children, who have ever been called down to school with [35:34.320 --> 35:40.320] your children, that accesses up a whole different set of responses and [35:40.320 --> 35:45.320] routines and ways of dealing with situations. [35:45.320 --> 35:50.320] Because now you're there, you're essentially your child's attorney. [35:50.320 --> 35:54.320] And you go back to school as an equal. [35:54.320 --> 35:56.320] And you deal with them as an equal. [35:56.320 --> 35:58.320] So it's not so difficult. [35:58.320 --> 36:03.320] When my children had trouble, the last thing they wanted was for dad to come [36:03.320 --> 36:09.320] down there, because sometimes it got real interesting. [36:09.320 --> 36:15.320] And most parents, when they go down, when their children are in trouble or [36:15.320 --> 36:22.320] they think that the school is acting improperly, and we had a parent recently, [36:22.320 --> 36:27.320] is very quick to go after them. [36:27.320 --> 36:32.320] So that's why I suggest go down and watch the proceedings, because then you [36:32.320 --> 36:40.320] can do it from the sovereign perspective, the parent, the one who's responsible [36:40.320 --> 36:45.320] for ensuring that all of these public officials do their jobs. [36:45.320 --> 36:50.320] And I guarantee you, if you go down there and sit down in the courtroom, either [36:50.320 --> 36:53.320] the clerk or the bailiff is going to come over and ask if you have a matter [36:53.320 --> 36:55.320] before the court. [36:55.320 --> 36:59.320] And you tell them, no, don't explain. [36:59.320 --> 37:00.320] We're the sovereigns. [37:00.320 --> 37:02.320] We don't explain ourselves. [37:02.320 --> 37:05.320] And if the bailiff comes over and says, asks you any questions, tell them, [37:05.320 --> 37:08.320] go away, I'm busy. [37:08.320 --> 37:11.320] And they'll go away. [37:11.320 --> 37:14.320] They know they have no authority over you. [37:14.320 --> 37:19.320] And if you go in there from the perspective of the parent, they'll see it [37:19.320 --> 37:23.320] immediately, and they'll leave you alone. [37:23.320 --> 37:26.320] Frankly, I go to court when I don't have anything, when I'm ever down there. [37:26.320 --> 37:28.320] I have a great time. [37:28.320 --> 37:34.320] They wind up just jumping up and down, trying to find a way not to get me upset. [37:34.320 --> 37:41.320] If you ever do that, you'll see these bailiffs and prosecutors and judges from [37:41.320 --> 37:43.320] a whole different perspective. [37:43.320 --> 37:48.320] Then if you have to go down there with a ticket, it's a lot easier because [37:48.320 --> 37:54.320] now you have a vicarious experience of being there and not being under that [37:54.320 --> 37:56.320] trauma. [37:56.320 --> 38:00.320] I don't know if this will help anybody, but it helped me. [38:00.320 --> 38:03.320] You know, Randy, yeah, and I think that that's a really interesting perspective, [38:03.320 --> 38:09.320] Randy, because as you were talking about this, it reminded me of how also in [38:09.320 --> 38:16.320] psychology, one area of thought is that in general, people's behavior patterns [38:16.320 --> 38:23.320] fall into one of three categories, either that of a child or an adult or a [38:23.320 --> 38:25.320] parent. [38:25.320 --> 38:32.320] Unfortunately, most people fall into one of the two dysfunctional categories [38:32.320 --> 38:38.320] as adults where they are behaving either like a child or a parent to everyone [38:38.320 --> 38:43.320] else around them instead of behaving like an adult to other adults around [38:43.320 --> 38:44.320] them. [38:44.320 --> 38:48.320] Of course, we as adults, we want to behave like adults and treat other [38:48.320 --> 38:55.320] adults as adults, but in this case, we want to treat these other adults from [38:55.320 --> 38:59.320] the perspective of a parent because we did create the government and they are [38:59.320 --> 39:03.320] our public servants and we have to take charge here. [39:03.320 --> 39:08.320] That is one case where you do want to assume the parental role instead of the [39:08.320 --> 39:10.320] adult or equal role. [39:10.320 --> 39:14.320] Now, that doesn't mean you have to be rude to them or condescending or [39:14.320 --> 39:19.320] belittling to them, but just the stance, the posture, the mindset. [39:19.320 --> 39:20.320] They're not our equals. [39:20.320 --> 39:24.320] Now, as human beings, yes, they are our equals. [39:24.320 --> 39:28.320] You know, God created all men equally, as it says in the Constitution. [39:28.320 --> 39:31.320] You know, our lords died for all of us. [39:31.320 --> 39:36.320] However, when they are in the capacity of a public servant, they are not our [39:36.320 --> 39:37.320] equals. [39:37.320 --> 39:42.320] That's why I'm not in agreement with a lot of tactics these days of activists [39:42.320 --> 39:45.320] schmoozing up with law enforcement. [39:45.320 --> 39:46.320] Okay, I'm sorry. [39:46.320 --> 39:54.320] You know, I'm not, you know, fraternized with the servants, mon, as they would [39:54.320 --> 39:56.320] say in the islands. [39:56.320 --> 40:02.320] Okay, they are our servants and we shouldn't really be schmoozing up to law [40:02.320 --> 40:06.320] enforcement or trying to work with them, you know, or coordinate with them. [40:06.320 --> 40:09.320] Unless you're going to be law, unless you're going into law enforcement. [40:09.320 --> 40:11.320] I mean, we are the sovereigns here. [40:11.320 --> 40:15.320] You know, we should be dealing with the legislatures and the court system. [40:15.320 --> 40:23.320] You know, I mean, the executive branch is the lowest rung on the ladder as far [40:23.320 --> 40:25.320] as our structure of government. [40:25.320 --> 40:29.320] And so, you know, I understand what you're saying, Randy. [40:29.320 --> 40:34.320] And so I think we need to assume the parental role when we are dealing with [40:34.320 --> 40:37.320] these people in a polite manner. [40:37.320 --> 40:42.320] Yes, and I'm okay with that if you're okay with that. [40:42.320 --> 40:44.320] Okay, inside joke. [40:44.320 --> 40:49.320] Anyway, it just seems natural. [40:49.320 --> 40:55.320] And we need some way of getting outside their control. [40:55.320 --> 40:59.320] Well, yeah, because like the situation you're describing, Randy, most people [40:59.320 --> 41:05.320] are assuming the role of the child and treating them as the parent. [41:05.320 --> 41:09.320] You know, like you're saying, shaking and, you know, all scared and everything. [41:09.320 --> 41:12.320] And it needs to be the other way around. [41:12.320 --> 41:19.320] And that's what I'm hoping that our show gives people opportunity to do. [41:19.320 --> 41:24.320] Because, you know, especially when someone like Rick comes on and tells what [41:24.320 --> 41:27.320] he did in the court. [41:27.320 --> 41:29.320] We get a different look at the court. [41:29.320 --> 41:37.320] We get to vicariously experience Rick's experience through his descriptions. [41:37.320 --> 41:42.320] Then when we go back to court ourselves, we don't just have this wonder and [41:42.320 --> 41:46.320] terror of what may be awaiting us. [41:46.320 --> 41:51.320] We have the vicarious experience of listening to other people's stories about [41:51.320 --> 41:57.320] how they've dealt with these situations, and it gives us more tools. [41:57.320 --> 42:04.320] But if we can't get ourselves out of that adolescent mode, we can't get [42:04.320 --> 42:08.320] access to those tools. [42:08.320 --> 42:13.320] And that's why I suggest if somebody has some time sometime, just go down [42:13.320 --> 42:16.320] and sit in court and watch. [42:16.320 --> 42:20.320] And it's best if you wear a suit, you know, dress up in nice business attire [42:20.320 --> 42:27.320] and take a manila folder and put some papers in it and one of these legal [42:27.320 --> 42:32.320] pads and put it on top of the manila folder and just sit there and take notes [42:32.320 --> 42:34.320] or doodle. [42:34.320 --> 42:38.320] And if somebody comes close to you, cover it up so they can't see it. [42:38.320 --> 42:42.320] And don't answer their questions. [42:42.320 --> 42:43.320] And watch. [42:43.320 --> 42:47.320] It's hilarious what they'll do. [42:47.320 --> 42:50.320] They'll all be looking at each other and looking over here, who is that person [42:50.320 --> 42:52.320] over there? [42:52.320 --> 42:57.320] If you have a fear of the courts, this will absolutely help you get over it [42:57.320 --> 43:03.320] because you will realize that they're just as afraid as you are. [43:03.320 --> 43:08.320] When you go in and interrupt their standard routines, they become just as [43:08.320 --> 43:13.320] frightened and just as worried as you do when you're taken out of your normal [43:13.320 --> 43:17.320] life and put into their routine. [43:17.320 --> 43:22.320] And that's all I got to say about that. [43:22.320 --> 43:27.320] If anybody's got any questions or comments, I think we can open up the phone [43:27.320 --> 43:33.320] lines and we can play Stump the Chumps. [43:33.320 --> 43:36.320] See if you can stump Eddie, not me. [43:36.320 --> 43:38.320] I'm easy. [43:38.320 --> 43:41.320] Okay, this is, I'm in too good of a mood today. [43:41.320 --> 43:47.320] This is Randy Kelton, Debra Stevens, Eddie Craig, Rule of Law Radio. [43:47.320 --> 43:53.320] We'll be back on the other side and maybe we can get Eddie fired up. [43:53.320 --> 44:01.320] Okay, we'll be right back. [44:01.320 --> 44:05.320] Are you being harassed by debt collectors with phone calls, letters, or even [44:05.320 --> 44:06.320] lawsuits? [44:06.320 --> 44:10.320] Stop debt collectors now with the Michael Mears proven method. [44:10.320 --> 44:13.320] Michael Mears has won six cases in federal court against debt collectors and [44:13.320 --> 44:15.320] now you can win too. [44:15.320 --> 44:19.320] You'll get step-by-step instructions in plain English on how to win in court [44:19.320 --> 44:21.320] using federal civil rights statutes. [44:21.320 --> 44:25.320] What to do when contacted by phone, mail, or court summons. [44:25.320 --> 44:27.320] How to answer letters and phone calls. [44:27.320 --> 44:29.320] How to get debt collectors out of your credit report. [44:29.320 --> 44:34.320] How to turn the financial tables on them and make them pay you to go away. [44:34.320 --> 44:39.320] The Michael Mears proven method is the solution for how to stop debt collectors. [44:39.320 --> 44:41.320] Personal consultation is available as well. [44:41.320 --> 44:46.320] For more information, please visit ruleoflawradio.com and click on the blue [44:46.320 --> 44:50.320] Michael Mears banner or email michaelmears at yahoo.com. [44:50.320 --> 44:58.320] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to [44:58.320 --> 45:01.320] learn how to stop debt collectors now. [45:01.320 --> 45:14.320] Music [45:14.320 --> 45:37.320] Music [45:37.320 --> 46:01.320] Music [46:01.320 --> 46:22.320] Music [46:22.320 --> 46:27.320] Okay, watching the Sparks live here on the rule of law. [46:27.320 --> 46:31.320] Okay, guys, I wanted to go back to something that we were talking about the [46:31.320 --> 46:36.320] other night that we never really thoroughly hashed out or got an answer to [46:36.320 --> 46:41.320] concerning this appealing a traffic ticket. [46:41.320 --> 46:46.320] Appealing of a traffic ticket here in Travis County, here in Austin. [46:46.320 --> 46:58.320] Okay, according to 1702 and the form for the bond, the bond form used to actually be [46:58.320 --> 47:01.320] published in the criminal procedure code. [47:01.320 --> 47:03.320] It's not anymore. [47:03.320 --> 47:08.320] And as we were discussing, it's called a bail bond and in the Constitution it's [47:08.320 --> 47:15.320] called bail and this 1702 bail bond that we were discussing on Monday has to do [47:15.320 --> 47:22.320] with the fact that you are attesting that your net worth is greater than or equal [47:22.320 --> 47:29.320] to double the amount of what they want for the bond, the cash amount would be [47:29.320 --> 47:32.320] for the bond, for the appeal, for the traffic ticket. [47:32.320 --> 47:36.320] In other words, you're saying, yes, I do have the money, but you don't have to [47:36.320 --> 47:38.320] post the cash bond. [47:38.320 --> 47:44.320] You have the right to this bail and like I said, the form itself used to even be [47:44.320 --> 47:46.320] published in the code. [47:46.320 --> 47:53.320] Okay, so our friend submits this form straight out of the code and the judge [47:53.320 --> 48:01.320] just stamped an I on it and sent back some forms for indigency, to claim indigency [48:01.320 --> 48:04.320] to get out of having to pay the cash bond. [48:04.320 --> 48:10.320] And they want all your bank records and all your receipts and all your paychecks [48:10.320 --> 48:14.320] and all your self-employees, you know, basically they want to prepare your tax [48:14.320 --> 48:16.320] form for you is what it looks like. [48:16.320 --> 48:20.320] They want to prepare your profit and loss statements so that they can determine, [48:20.320 --> 48:24.320] well, you know, these expenses are not really business expenses or whatever [48:24.320 --> 48:27.320] because, of course, what they're going to try to do is say that you're not [48:27.320 --> 48:28.320] really indigent. [48:28.320 --> 48:32.320] Well, I'm sorry, but, you know, that's not their job. [48:32.320 --> 48:34.320] They're not CPAs for one thing. [48:34.320 --> 48:38.320] You know, people prepare their own taxes, people prepare their own profit [48:38.320 --> 48:44.320] and loss statements, and so one route to take is to just submit the IRS tax [48:44.320 --> 48:48.320] return and say, hey, pal, you know, this is good enough for the IRS. [48:48.320 --> 48:52.320] You want to preempt the IRS, you know, that's your business. [48:52.320 --> 48:58.320] But I don't know if I like that so much because, well, for one thing, they ask [48:58.320 --> 49:03.320] for everything except for your tax return, okay, and, of course, then they [49:03.320 --> 49:05.320] want an interview, you know. [49:05.320 --> 49:09.320] I mean, this is like worse than the IRS getting audited, seriously, all right. [49:09.320 --> 49:12.320] And so, of course, my friend is absolutely not going to do any of this. [49:12.320 --> 49:18.320] But the whole point is he has a right to this constitutional bail, which in [49:18.320 --> 49:24.320] 1702 is called a bail bond, and there's even a form for it in the code, at [49:24.320 --> 49:27.320] least the last publication, not the most recent one. [49:27.320 --> 49:30.320] And so what is the remedy now? [49:30.320 --> 49:36.320] Because, guys, you know, people who go through the traffic seminar and who go [49:36.320 --> 49:41.320] and fight these traffic tickets, this is where I would say a considerable [49:41.320 --> 49:43.320] number of people are going to end up. [49:43.320 --> 49:48.320] Now, apparently, and I'm thinking maybe it's because my friend is fighting this [49:48.320 --> 49:52.320] so hard, I know people recently who have gotten traffic tickets and have gone [49:52.320 --> 49:56.320] through the same process, filed the same motions that my friend has up until [49:56.320 --> 49:59.320] this point, and the prosecutor dismissed the ticket. [49:59.320 --> 50:04.320] And it could be because of this, what's going on here with my friend, because [50:04.320 --> 50:08.320] he's apparently the first one to do it recently here in Austin, fighting it [50:08.320 --> 50:12.320] using these forms and these methods, you know, that we've been discussing with [50:12.320 --> 50:16.320] Randy and Eddie in the traffic seminar materials. [50:16.320 --> 50:20.320] So I'm suspecting a lot of people are going to get to the point where, of [50:20.320 --> 50:25.320] course, the trial is going to be a sham, and you go, and there was nearly one [50:25.320 --> 50:30.320] snag concerning the motion for retrial because before you can appeal, you have [50:30.320 --> 50:32.320] to ask for a retrial. [50:32.320 --> 50:36.320] And then they don't want to schedule a motion hearing for the motion for [50:36.320 --> 50:37.320] retrial. [50:37.320 --> 50:43.320] But we got past that because the judge had a motion hearing on his motion for [50:43.320 --> 50:47.320] retrial before and didn't even tell him and then just sent him a letter and [50:47.320 --> 50:48.320] said it was denied. [50:48.320 --> 50:52.320] Okay, so if you get past that snag, now you run into the snag of the appeal [50:52.320 --> 50:56.320] bond, and how do you deal with that? [50:56.320 --> 51:01.320] And Randy, you were saying the other night that a writ of mandamus to the [51:01.320 --> 51:09.320] county court would not be appropriate because there is discretion involved [51:09.320 --> 51:14.320] here concerning this municipal judge, and, you know, he has discretion to [51:14.320 --> 51:19.320] deny your bond and make you deny your bail or whatever, the bail bond, and [51:19.320 --> 51:21.320] make you actually pay a cash bond. [51:21.320 --> 51:27.320] But what I'm saying here is in this particular case, there was basically no [51:27.320 --> 51:28.320] reason given. [51:28.320 --> 51:34.320] I mean, he didn't ask for a deed to the house or title to the car. [51:34.320 --> 51:39.320] There was never any opportunity for my friend to offer up any proof that, you [51:39.320 --> 51:43.320] know, his net worth is indeed worth more than double the amount of this [51:43.320 --> 51:45.320] ridiculous traffic ticket. [51:45.320 --> 51:48.320] And so where do we go from here? [51:48.320 --> 51:53.320] Because I'm afraid they're going to railroad him with this indigency thing, [51:53.320 --> 51:57.320] and, you know, that's just a big distraction. [51:57.320 --> 51:59.320] He has a right to this constitutional bail. [51:59.320 --> 52:01.320] He has a right to this bail bond. [52:01.320 --> 52:06.320] And not only that, but now we're running up on a time issue because something [52:06.320 --> 52:11.320] has to be submitted on Monday or else they're going to start the process to [52:11.320 --> 52:15.320] issue a warrant for his arrest for not paying the traffic ticket. [52:15.320 --> 52:16.320] Okay? [52:16.320 --> 52:21.320] So this is how they force people to just pay up, either pay the ticket or just [52:21.320 --> 52:26.320] pay the bond amount for the appeal because they try to railroad you, and [52:26.320 --> 52:29.320] then you run out of time, and then you get a warrant for your arrest, and [52:29.320 --> 52:30.320] then you have to deal with that too. [52:30.320 --> 52:35.320] So guys, this is a very important issue because a lot of people are going to [52:35.320 --> 52:38.320] get to this point, and they're going to need to know what to do. [52:38.320 --> 52:40.320] How do we get the bond? [52:40.320 --> 52:42.320] How do we get the bail bond? [52:42.320 --> 52:46.320] Okay, well, the first question I've got is has anyone actually checked the [52:46.320 --> 52:48.320] court file on your friend's court record? [52:48.320 --> 52:49.320] Yes. [52:49.320 --> 52:50.320] Okay. [52:50.320 --> 52:53.320] Is there an information filed in the court record? [52:53.320 --> 52:56.320] That I don't know. [52:56.320 --> 53:01.320] If there is no information on file, then the court lacked jurisdiction to [53:01.320 --> 53:03.320] institute the judgment in the first place. [53:03.320 --> 53:04.320] Wait a minute. [53:04.320 --> 53:06.320] It's a separate issue, though. [53:06.320 --> 53:08.320] Well, why is it a separate issue? [53:08.320 --> 53:09.320] Because we're talking about bail. [53:09.320 --> 53:11.320] We're not talking about subject matter jurisdiction. [53:11.320 --> 53:14.320] Yeah, but the bail's irrelevant if the court had no jurisdiction to hear the [53:14.320 --> 53:16.320] case to set a bail of any kind. [53:16.320 --> 53:20.320] Well, we can't talk about an issue if we say we can't talk about an issue [53:20.320 --> 53:23.320] because there's another issue you have to talk about before you can talk [53:23.320 --> 53:24.320] about this issue. [53:24.320 --> 53:25.320] We're talking about bail. [53:25.320 --> 53:29.320] Yeah, we've got a number of ways to go in after subject matter jurisdiction. [53:29.320 --> 53:33.320] I do know that subject matter jurisdiction was challenged, and that I [53:33.320 --> 53:37.320] believe the judge made a ruling on that. [53:37.320 --> 53:40.320] Without even bothering to read the pleadings. [53:40.320 --> 53:43.320] Yes, so I think that was addressed already. [53:43.320 --> 53:46.320] That's one of the reasons why we're going through the appeal. [53:46.320 --> 53:49.320] The motion to disqualify, he denied himself. [53:49.320 --> 53:52.320] Yes, he ruled on his own motion to disqualify. [53:52.320 --> 53:55.320] So he couldn't get much more illegal. [53:55.320 --> 54:06.320] And as I'm reading the Constitution here in Article 1, Section 11, all [54:06.320 --> 54:11.320] prisoners shall be bailable by sufficient sureties unless for capital offenses [54:11.320 --> 54:15.320] when the proof is evident, but this provision shall not be so construed as [54:15.320 --> 54:19.320] to prevent bail after indictment found on examination of the evidence in such [54:19.320 --> 54:22.320] manner as may be prescribed by law. [54:22.320 --> 54:28.320] And then 11A addresses denial of bail. [54:28.320 --> 54:37.320] And it essentially only goes to felony, at least what I've read of it so far. [54:37.320 --> 54:43.320] But in this case, none of those issues for denial of bail apply because [54:43.320 --> 54:50.320] class A misdemeanor first and there's no history of bail jumping. [54:50.320 --> 54:54.320] There's no history of multiple convictions. [54:54.320 --> 55:03.320] The judge acted in clear and direct violation of Constitution and statute. [55:03.320 --> 55:05.320] We need to go to the grand jury with him. [55:05.320 --> 55:09.320] By the way, I just did a Skype chat with my friend, and yes, there was no [55:09.320 --> 55:14.320] information in, yes, we have no bananas, yes, there was no information in the [55:14.320 --> 55:19.320] file and that was an issue that was raised as part of the challenge to [55:19.320 --> 55:22.320] jurisdiction and the judge just totally blew it off. [55:22.320 --> 55:25.320] Well, now, just FYI for the folks that are listening. [55:25.320 --> 55:30.320] There did used to be a section of statute in Chapter 45 that allowed the [55:30.320 --> 55:33.320] municipal court to proceed upon complaint alone. [55:33.320 --> 55:39.320] However, that particular section of statute was repealed in what appears to [55:39.320 --> 55:41.320] be 1999. [55:41.320 --> 55:49.320] So they're relying upon the oath that is no longer valid and does not allow [55:49.320 --> 55:51.320] them to proceed upon complaint alone. [55:51.320 --> 55:57.320] I can almost guarantee you the reason it was repealed was because it was [55:57.320 --> 56:03.320] challenged on Article 5, Section 12 of the state Constitution. [56:03.320 --> 56:10.320] Plus, it's out of sync with Article 27.01 Code of Criminal Procedure, which [56:10.320 --> 56:13.320] specifically states that an indictment or an information are the primary [56:13.320 --> 56:17.320] pleadings of the state in any criminal case. [56:17.320 --> 56:23.320] So right there, 2.05 is unconstitutional on its face for that same reason as [56:23.320 --> 56:27.320] that article that used to exist in Chapter 45 was. [56:27.320 --> 56:32.320] But the municipal courts are relying upon old laws if it's still in place and [56:32.320 --> 56:34.320] it is not. [56:34.320 --> 56:43.320] Well, here, the municipal court violated Constitution knowingly and [56:43.320 --> 56:44.320] deliberately. [56:44.320 --> 56:48.320] This is not a law that's been hashed around. [56:48.320 --> 56:50.320] This is not one that's in question. [56:50.320 --> 56:55.320] It's an absolute constitutional guarantee. [56:55.320 --> 56:58.320] And the judge denied it out of hand. [56:58.320 --> 57:04.320] I'm suggesting we go in Monday with criminal charges against the judge. [57:04.320 --> 57:07.320] Now, Randy, it's also in the statute. [57:07.320 --> 57:08.320] It's in 1702. [57:08.320 --> 57:10.320] I'm familiar with 1702. [57:10.320 --> 57:12.320] And see, here's the other thing. [57:12.320 --> 57:16.320] Okay, we can go in to the grand jury or try to go to the grand jury with [57:16.320 --> 57:18.320] criminal charges against the judge for this. [57:18.320 --> 57:20.320] But here's the other issue. [57:20.320 --> 57:24.320] While we're pursuing this, my friend's going to get a warrant for his arrest. [57:24.320 --> 57:29.320] And so what I'm considering here or maybe proposing is that in addition to [57:29.320 --> 57:36.320] that, to petition the county court for an injunction, an emergency injunction [57:36.320 --> 57:42.320] prohibiting the municipal court from issuing a warrant for his arrest until [57:42.320 --> 57:47.320] this situation is resolved concerning the bond for the appeal. [57:47.320 --> 57:48.320] Works for me. [57:48.320 --> 57:49.320] I mean... [57:49.320 --> 57:53.320] You could also petition for a motion to void judgment because the court lacked [57:53.320 --> 57:55.320] jurisdiction to make it to begin with. [57:55.320 --> 58:02.320] Yeah, we'd have to make that in the municipal court. [58:02.320 --> 58:04.320] No, you could make that in the county court. [58:04.320 --> 58:07.320] The county court doesn't have plenty of jurisdiction yet until the appeal gets [58:07.320 --> 58:10.320] there and they're blocking the appeal. [58:10.320 --> 58:11.320] That's right. [58:11.320 --> 58:15.320] That's the whole problem is that they're blocking the appeal in order to [58:15.320 --> 58:21.320] squeeze him for time to force him to either pay the tickets or pay the appeal [58:21.320 --> 58:24.320] bond or else they're going to issue a warrant for his arrest. [58:24.320 --> 58:26.320] This is where the rubber hits the road. [58:26.320 --> 58:31.320] And so I'm trying to figure out a way to buy some time to keep the warrant for [58:31.320 --> 58:36.320] the arrest coming down in order to pursue these methods in order to get the [58:36.320 --> 58:39.320] appeal before the warrant comes down. [58:39.320 --> 58:40.320] You see? [58:40.320 --> 58:44.320] Habeas. [58:44.320 --> 58:45.320] Habeas. [58:45.320 --> 58:46.320] Habeas. [58:46.320 --> 58:48.320] Let's talk about habeas on the other side. [58:48.320 --> 58:49.320] Okay. [58:49.320 --> 58:50.320] All right. [58:50.320 --> 58:52.320] And callers, if you have ideas, we're kicking this around. [58:52.320 --> 58:55.320] 512-646-1984. [58:55.320 --> 59:01.320] We will be right back after the top of the hour news. [59:01.320 --> 59:05.320] It is so enlightening to listen to 90.1 FM, but finding things on the Internet [59:05.320 --> 59:09.320] isn't so easy and neither is finding like-minded people to share it with. [59:09.320 --> 59:12.320] Oh, well, I guess you haven't heard of Brave New Books then. [59:12.320 --> 59:14.320] Brave New Books? [59:14.320 --> 59:15.320] Yes. [59:15.320 --> 59:18.320] Brave New Books has all the books and DVDs you're looking for by authors like [59:18.320 --> 59:21.320] Alex Jones, Ron Paul, and G. Edward Griffin. [59:21.320 --> 59:25.320] They even stock inner food, Berkey products, and Calvin Soaps. [59:25.320 --> 59:27.320] There's no way a place like that exists. [59:27.320 --> 59:29.320] Go check it out for yourself. [59:29.320 --> 59:33.320] It's downtown at 1904 Guadalupe Street just south of UT. [59:33.320 --> 59:36.320] By UT, there's never anywhere to park down there. [59:36.320 --> 59:40.320] Actually, they now offer a free hour of parking for paying customers at the [59:40.320 --> 59:44.320] 500 MLK parking facility just behind the bookstore. [59:44.320 --> 59:48.320] It does exist, but when are they open? [59:48.320 --> 59:52.320] Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays. [59:52.320 --> 59:58.320] So get them a call at 512-480-2503 or check out their events page at [59:58.320 --> 01:00:00.320] bravenewbookstore.com. [01:00:00.320 --> 01:00:04.320] This news brief brought to you by the International News Net. [01:00:04.320 --> 01:00:09.320] U.S. software firm Retina X Studios Tuesday released a more vigilant version [01:00:09.320 --> 01:00:14.320] of its mobile spy program that captures every email and picture from [01:00:14.320 --> 01:00:16.320] BlackBerry smartphones. [01:00:16.320 --> 01:00:20.320] CEO James John said, quote, this new feature gives parents a way to monitor [01:00:20.320 --> 01:00:25.320] whether or not a teenager is sending naughty pictures, adding employers can [01:00:25.320 --> 01:00:30.320] find out if company secrets are being snapped for later retrieval. [01:00:30.320 --> 01:00:34.320] A new government report says global warming could lead to an increase in [01:00:34.320 --> 01:00:37.320] cancer and mental illness worldwide. [01:00:37.320 --> 01:00:41.320] The report published by scientists from the Centers for Disease Control and [01:00:41.320 --> 01:00:46.320] Six Other Agencies asks for more federal funds to investigate the alleged [01:00:46.320 --> 01:00:51.320] links between global warming and public health and possible negative effects [01:00:51.320 --> 01:00:53.320] of green technologies. [01:00:53.320 --> 01:00:58.320] Top of the hour news brought to you by INN World Report. [01:00:58.320 --> 01:01:03.320] Officials in the Iraqi city of Mosul have threatened a campaign of civil [01:01:03.320 --> 01:01:07.320] disobedience against the government after allegations of torture and abuse [01:01:07.320 --> 01:01:12.320] at a secret prison controlled by the office of the Prime Minister Nouri al-Maliki. [01:01:12.320 --> 01:01:17.320] More than 400 men from Nineveh province were arrested last year and taken to [01:01:17.320 --> 01:01:22.320] the makeshift jail at Old Mutana Military Air Base in Baghdad. [01:01:22.320 --> 01:01:26.320] The authorities in charge of the prison answered directly to Maliki who has [01:01:26.320 --> 01:01:28.320] denied any knowledge of his existence. [01:01:28.320 --> 01:01:32.320] The jail was closed last month after an investigation by the Human Rights [01:01:32.320 --> 01:01:36.320] Ministry and three army officers have been arrested. [01:01:36.320 --> 01:01:41.320] More than 100 prisoners have been released and 20 of them return to Mosul. [01:01:41.320 --> 01:01:45.320] The rest have been transferred to facilities overseen by the Ministry of [01:01:45.320 --> 01:01:47.320] Justice and await trial. [01:01:47.320 --> 01:01:52.320] Prisoners said torture was routine, including electrocution, suffocation [01:01:52.320 --> 01:01:53.320] and beatings. [01:01:53.320 --> 01:01:57.320] A number say they were sexually assaulted. [01:01:57.320 --> 01:02:02.320] Author and academic Robert Reich says Republicans are blocking a Senate vote [01:02:02.320 --> 01:02:06.320] for a finance reform bill seeking to build public support by misleading the [01:02:06.320 --> 01:02:07.320] public. [01:02:07.320 --> 01:02:11.320] Reich, former Secretary of Labor under President Clinton, says Republicans [01:02:11.320 --> 01:02:15.320] are claiming to want a stronger bill when in fact they're doing Wall Street's [01:02:15.320 --> 01:02:17.320] bidding by seeking a weaker one. [01:02:17.320 --> 01:02:21.320] Reich says evidence of their tactics comes in the form of a shady [01:02:21.320 --> 01:02:27.320] anti-financial reform group called Stop Too Big to Fail which is running a TV [01:02:27.320 --> 01:02:32.320] ad featuring an out of context quote from Reich to bolster its case. [01:02:32.320 --> 01:02:37.320] Reich says Stop Too Big to Fail is the project of Consumers for Competitive [01:02:37.320 --> 01:02:42.320] Choice which is using an ad agency which worked with the Swift Boat Vets for [01:02:42.320 --> 01:02:44.320] Truth in 2004. [01:02:44.320 --> 01:02:50.320] The website TPM Muckraker says the group has already spent $1.6 million on [01:02:50.320 --> 01:02:56.320] anti-reform ads and won't say who's funding the group's efforts. [01:02:56.320 --> 01:03:00.320] For more details on these stories, visit INN World Report. [01:03:27.320 --> 01:03:30.320] I'm going to spread Republicans against the Reich. [01:03:30.320 --> 01:03:32.320] Tell them I'm a libertarian. [01:03:32.320 --> 01:03:34.320] They'll say we're not true, but they're gonna do it. [01:03:34.320 --> 01:03:36.320] Come, remember what? [01:03:41.320 --> 01:03:43.320] How are we saying? [01:03:43.320 --> 01:03:45.320] I'm not telling them. [01:03:47.320 --> 01:03:49.320] One day you'll find out. [01:03:51.320 --> 01:03:53.320] Bar this man. [01:03:53.320 --> 01:04:15.400] Okay, we are back for hour two of the rule of law and we are discussing here the situation [01:04:15.400 --> 01:04:24.040] of the municipal court doing everything they can to block your access to the county court [01:04:24.040 --> 01:04:28.060] for the appeal because they don't want you to appeal because they know that they don't [01:04:28.060 --> 01:04:35.960] have a leg to stand on and so they squeeze you for time, they try to make you pay double [01:04:35.960 --> 01:04:42.280] the amount of the traffic ticket for a cash bond for the appeal when that's illegal, it's [01:04:42.280 --> 01:04:48.680] very clear in constitution and in 1702 that you have the right to this bail or in 1702 [01:04:48.680 --> 01:04:56.520] it's called a bail bond and in lieu of the bail bond, in lieu of bail you can post a [01:04:56.520 --> 01:05:03.720] cash bond but it is not the other way around and unless there's like a history of bail [01:05:03.720 --> 01:05:10.840] jumping or something they should be giving people their constitutional bail and so what [01:05:10.840 --> 01:05:15.720] it's looking like to me is that they're trying to squeeze my friend for time, they're trying [01:05:15.720 --> 01:05:19.560] to squeeze him and run him out of time so that they can hurry up and issue a warrant [01:05:19.560 --> 01:05:25.280] for his arrest and they're giving him a run around about the appeal so that he'll have [01:05:25.280 --> 01:05:30.400] to pay even more money and it looks to me like they're trying to block his access to [01:05:30.400 --> 01:05:35.960] the courts and so Randy was saying that that is cause for habeas and I tend to agree. [01:05:35.960 --> 01:05:36.960] Eddie? [01:05:36.960 --> 01:05:43.240] Yeah, I was wondering what would be the possibility of success with a constitutional challenge [01:05:43.240 --> 01:05:50.520] to the requirement of bail for an appeal since we are the only folks required to give such [01:05:50.520 --> 01:05:56.520] a bail before we're allowed to appeal a decision of a court, that seems just a tad bit one [01:05:56.520 --> 01:06:02.360] sided to me and it definitely violates the equal protection of the laws portion as far [01:06:02.360 --> 01:06:03.360] as I can tell. [01:06:03.360 --> 01:06:07.720] Now, would this be an argument that would be made in the habeas because here's what [01:06:07.720 --> 01:06:12.400] I would like to accomplish, first things first, we have to stop them from issuing a warrant [01:06:12.400 --> 01:06:17.680] for my friend's arrest because once that happens well now you got even more trouble to deal [01:06:17.680 --> 01:06:26.160] with and so can we petition for a restraining order against the municipal court from issuing [01:06:26.160 --> 01:06:33.080] a warrant for arrest in the habeas at the same time and also bring up your argument [01:06:33.080 --> 01:06:35.200] Eddie, guys, Randy? [01:06:35.200 --> 01:06:40.200] You can put my argument regarding the constitutionality of the requirement in the habeas, you can [01:06:40.200 --> 01:06:45.400] show that as one of the reasons why the habeas should be granted but now as far as your injunction [01:06:45.400 --> 01:06:50.760] that would be something I feel, it may not necessarily be true but I feel that you would [01:06:50.760 --> 01:06:55.520] need to file that separately at the hearing that the habeas would invoke. [01:06:55.520 --> 01:07:00.760] Randy, would that be part of the habeas or would it be a separate document filed with [01:07:00.760 --> 01:07:02.080] the habeas or what? [01:07:02.080 --> 01:07:04.480] I would rather that a separate issue. [01:07:04.480 --> 01:07:10.400] What we'll do by that is dilute the issue and give the judge some secondary reason to [01:07:10.400 --> 01:07:12.360] deny the habeas. [01:07:12.360 --> 01:07:17.120] Okay, so basically my friend is just like screwed and he's probably going to have to [01:07:17.120 --> 01:07:19.600] deal with the warrant too while we're sorting all this out. [01:07:19.600 --> 01:07:26.760] No, no, no, let's not deal with any really earth shattering constitutional issues that [01:07:26.760 --> 01:07:33.440] will entirely wipe out the whole ability of all of the state of Texas to enforce municipal [01:07:33.440 --> 01:07:34.440] law. [01:07:34.440 --> 01:07:35.440] Okay, wait a minute. [01:07:35.440 --> 01:07:36.440] Let's not ask the county judge to rule that. [01:07:36.440 --> 01:07:37.920] That's not what I'm saying, Randy. [01:07:37.920 --> 01:07:40.080] Okay, you misunderstood my question. [01:07:40.080 --> 01:07:46.800] I'm saying at the same time as the habeas, should my friend file a petition for temporary [01:07:46.800 --> 01:07:52.720] restraining order against a warrant for his arrest being issued until such time that this [01:07:52.720 --> 01:07:54.200] is all sorted out? [01:07:54.200 --> 01:08:01.240] No, that will be the point of the habeas will be to show cause as to why they're not denying [01:08:01.240 --> 01:08:07.000] him a constitutional bail. [01:08:07.000 --> 01:08:11.360] They either grant the bail or not if we put a restraining order in there, it's the same [01:08:11.360 --> 01:08:12.360] thing. [01:08:12.360 --> 01:08:17.760] If they're going to deny bail, they're going to deny the restraining order. [01:08:17.760 --> 01:08:26.400] They grant the bail and the restraining orders moot. [01:08:26.400 --> 01:08:29.680] What exactly are you asking for in the habeas? [01:08:29.680 --> 01:08:32.680] Constitutional right to bail. [01:08:32.680 --> 01:08:35.960] And if they say no, then what? [01:08:35.960 --> 01:08:38.360] He's just got to pay the double the cash bond then? [01:08:38.360 --> 01:08:41.660] Yes, but you can put a hundred restraining orders in there. [01:08:41.660 --> 01:08:46.280] If they're going to flat out deny the constitution, you think you're all of a sudden going to [01:08:46.280 --> 01:08:49.320] dance around a restraining order? [01:08:49.320 --> 01:08:50.320] We'll see. [01:08:50.320 --> 01:08:55.840] I was more going to 1702 rather than just going straight to constitution. [01:08:55.840 --> 01:08:58.680] That's both the same thing. [01:08:58.680 --> 01:09:02.800] The thing that gives it force is constitution. [01:09:02.800 --> 01:09:14.400] 1702 is code of criminal procedure, then you'd have to back up to 3903 penal code. [01:09:14.400 --> 01:09:23.040] As the criminal act that the judge is committing, but by bringing it as a constitutional issue, [01:09:23.040 --> 01:09:27.560] it makes the jurisdiction suable. [01:09:27.560 --> 01:09:36.760] What you're basically saying is the habeas is the petition for the restraining order. [01:09:36.760 --> 01:09:38.000] You kind of don't even need it. [01:09:38.000 --> 01:09:42.640] It's not like that there's going to be an ongoing hearing process. [01:09:42.640 --> 01:09:46.640] I was thinking there would be some kind of an ongoing process while they're deciding, [01:09:46.640 --> 01:09:53.600] but basically the county court would decide hopefully pretty quickly whether or not to [01:09:53.600 --> 01:09:59.560] ... I mean, would they order the municipal court to grant the bail? [01:09:59.560 --> 01:10:07.760] I mean, it's the municipal court that needs to... So then it would be a mandamus also? [01:10:07.760 --> 01:10:15.880] Mandamus comes right under habeas, but habeas gives the judge more authority than the mandamus [01:10:15.880 --> 01:10:16.880] does. [01:10:16.880 --> 01:10:17.880] Okay. [01:10:17.880 --> 01:10:23.000] So would the county court be ordering the municipal court to grant the bail for the [01:10:23.000 --> 01:10:25.200] appeal, the constitutional bail? [01:10:25.200 --> 01:10:32.440] So it is a mandamus also, sort of, because a mandamus is when you ask the higher court [01:10:32.440 --> 01:10:34.960] to order a lower court to do something. [01:10:34.960 --> 01:10:35.960] Yes. [01:10:35.960 --> 01:10:47.360] But habeas goes a step farther and shows that the lower court is denying the rights of the [01:10:47.360 --> 01:10:55.600] accused and thereby binding him at his liberty in violation of law. [01:10:55.600 --> 01:11:04.560] It's essentially... When you look in chapter 52, the appellate procedure that defines habeas [01:11:04.560 --> 01:11:13.120] and writ, they're both in the same chapter, they look exactly the same, but just one stands [01:11:13.120 --> 01:11:15.160] above the other and asks for a little bit more. [01:11:15.160 --> 01:11:16.160] I see. [01:11:16.160 --> 01:11:17.160] Okay. [01:11:17.160 --> 01:11:18.160] Okay. [01:11:18.160 --> 01:11:26.160] And so... And as a matter of just as trivia, under habeas, then mandamus, then emergency [01:11:26.160 --> 01:11:31.240] restraining order, they fall in that order of how they're heard. [01:11:31.240 --> 01:11:33.360] Everything stands down before those three. [01:11:33.360 --> 01:11:39.400] Okay, now I remember when we went to file a habeas in your case in Williamson County, [01:11:39.400 --> 01:11:43.600] the judge wouldn't hear the habeas right away because you didn't include an order or something, [01:11:43.600 --> 01:11:45.320] so we would have to make sure that there's an order. [01:11:45.320 --> 01:11:47.160] No, he was full of crapola. [01:11:47.160 --> 01:11:51.280] Well, at any rate, if we would include an order, then they would not be able to use [01:11:51.280 --> 01:11:52.880] that excuse anymore. [01:11:52.880 --> 01:11:58.320] And so the thing that I'm concerned about is that the county judge is going to try to [01:11:58.320 --> 01:12:04.360] delay or give a runaround to not make a ruling on the habeas, and then my friend's just going [01:12:04.360 --> 01:12:07.560] to be in limbo, and meanwhile, there's going to be an arrest warrant issue. [01:12:07.560 --> 01:12:08.560] Okay, look. [01:12:08.560 --> 01:12:09.560] How do we avoid that? [01:12:09.560 --> 01:12:11.880] You shoot everybody in the building. [01:12:11.880 --> 01:12:16.840] That's the only way you can... You know, if nobody is going to pay attention to any [01:12:16.840 --> 01:12:20.040] law ever, what are you going to do? [01:12:20.040 --> 01:12:22.200] Well, I'm just trying to figure out the steps to take. [01:12:22.200 --> 01:12:23.200] That's all. [01:12:23.200 --> 01:12:24.640] That's the only... That's the step to take. [01:12:24.640 --> 01:12:25.640] Okay. [01:12:25.640 --> 01:12:28.440] You don't advocate violence on the rule of law, do you? [01:12:28.440 --> 01:12:29.440] No, we don't. [01:12:29.440 --> 01:12:30.440] No, we don't. [01:12:30.440 --> 01:12:34.160] But when... You know, you're asking what to do when nobody obeys law. [01:12:34.160 --> 01:12:38.040] No, I was asking what to do if the county judge gives you a runaround. [01:12:38.040 --> 01:12:39.040] That's what. [01:12:39.040 --> 01:12:41.440] Then we appeal the habeas to the district. [01:12:41.440 --> 01:12:42.440] Okay. [01:12:42.440 --> 01:12:44.440] Or to the court of appeals. [01:12:44.440 --> 01:12:47.240] Hopefully, that won't all be necessary. [01:12:47.240 --> 01:12:48.240] Okay. [01:12:48.240 --> 01:12:53.360] Okay, so the next order of business is to write a writ of habeas and to go to the county [01:12:53.360 --> 01:12:58.480] court and file that, I guess, either tomorrow or Monday. [01:12:58.480 --> 01:13:00.800] Along with criminal charges against the judge. [01:13:00.800 --> 01:13:02.920] Along with criminal charges against this municipal judge. [01:13:02.920 --> 01:13:03.920] All right. [01:13:03.920 --> 01:13:04.920] Sounds like a plan. [01:13:04.920 --> 01:13:05.920] Okay. [01:13:05.920 --> 01:13:07.320] We've got some callers on the line. [01:13:07.320 --> 01:13:09.320] We've got Mark in Washington. [01:13:09.320 --> 01:13:11.040] Mark, thanks for calling in. [01:13:11.040 --> 01:13:12.040] What's on your mind tonight? [01:13:12.040 --> 01:13:13.040] Hi. [01:13:13.040 --> 01:13:22.480] I'm doing a little preemptive research regarding to see if so-called off-road stickers, among [01:13:22.480 --> 01:13:27.560] other things, actually apply to the regular person, because I think it might come up with [01:13:27.560 --> 01:13:29.560] me later down the road. [01:13:29.560 --> 01:13:35.840] Anyway, a lot of people have a lot of public land, whether it be BLM or Forest Service [01:13:35.840 --> 01:13:40.520] land, and a lot of states, Washington and Oregon included, require or say they require [01:13:40.520 --> 01:13:45.960] or have these off-road sticker programs where you're supposed to have a sticker to ride [01:13:45.960 --> 01:13:49.680] off-road in these different public lands. [01:13:49.680 --> 01:13:53.600] I've been reading through the different codes, in this case, Oregon. [01:13:53.600 --> 01:13:55.560] Their vehicle code is 801. [01:13:55.560 --> 01:14:03.480] The code that talks about off-road vehicles is chapter 821 to see what, if any, of these [01:14:03.480 --> 01:14:09.400] off-road issues or stickers would apply to me or the average person. [01:14:09.400 --> 01:14:14.500] I must be missing something or maybe need a little direction or help on how or where [01:14:14.500 --> 01:14:19.480] to start in terms of how to find out if this really does apply to the average person or [01:14:19.480 --> 01:14:20.480] everybody. [01:14:20.480 --> 01:14:24.720] Well, are you talking about Washington State? [01:14:24.720 --> 01:14:25.720] Oregon. [01:14:25.720 --> 01:14:26.720] Okay. [01:14:26.720 --> 01:14:31.680] Now, remember, Oregon law is based on 1925 law as well for Oregon. [01:14:31.680 --> 01:14:34.880] I'm sorry, 1928. [01:14:34.880 --> 01:14:39.440] Your original base statutes in Oregon are from 1928, so keep that in mind when you're [01:14:39.440 --> 01:14:41.480] doing your research. [01:14:41.480 --> 01:14:43.040] Okay. [01:14:43.040 --> 01:14:51.600] Now, the part about what your terminology is, you can show very quickly that where your [01:14:51.600 --> 01:14:55.480] definitions are, what do they have for the definition of person in that statute where [01:14:55.480 --> 01:14:57.560] it applies to the things you're asking about. [01:14:57.560 --> 01:15:01.240] Is it defined in the statutes where you're talking about? [01:15:01.240 --> 01:15:06.040] In the off-road code, there is no definition of person that I can find. [01:15:06.040 --> 01:15:07.040] Okay. [01:15:07.040 --> 01:15:12.720] Is there any such thing as like there is here in Texas, like the Code Construction Act, which [01:15:12.720 --> 01:15:17.960] gives blanket definitions for all codes that are to be used if and when the code itself [01:15:17.960 --> 01:15:20.800] does not define the term? [01:15:20.800 --> 01:15:24.560] That's something I would have to research, so that would be maybe something at the beginning [01:15:24.560 --> 01:15:25.560] or some overall... [01:15:25.560 --> 01:15:27.920] It may be in a completely different code. [01:15:27.920 --> 01:15:30.400] For instance, here in Texas, it's in the government code. [01:15:30.400 --> 01:15:34.840] It's called the Code Construction Act, and it says that in the case of all codes, the [01:15:34.840 --> 01:15:40.360] following definition shall apply unless the statute in question specifically defines it [01:15:40.360 --> 01:15:41.360] otherwise. [01:15:41.360 --> 01:15:42.360] Okay. [01:15:42.360 --> 01:15:45.240] How might I look or find that? [01:15:45.240 --> 01:15:50.080] Would it still be in the so-called ORS, Organ Revised Statutes, or just in a different section [01:15:50.080 --> 01:15:51.080] or one of the first? [01:15:51.080 --> 01:15:52.080] It probably would be. [01:15:52.080 --> 01:15:54.360] The question is, which one? [01:15:54.360 --> 01:15:58.280] That's going to be something you're going to find out only by research or by writing [01:15:58.280 --> 01:16:01.480] to your legislature and getting someone to admit to where they are. [01:16:01.480 --> 01:16:02.480] Good luck. [01:16:02.480 --> 01:16:03.480] Sure. [01:16:03.480 --> 01:16:04.480] Right. [01:16:04.480 --> 01:16:06.800] The person is obviously one of the key words I need to be able to define. [01:16:06.800 --> 01:16:13.200] I mean, I found definitions for vehicle, which is defined in the Vehicle Code, Chapter 801, [01:16:13.200 --> 01:16:19.000] and it's similar to years, it appears to be, where it just says vehicle is any device upon [01:16:19.000 --> 01:16:20.000] in or upon... [01:16:20.000 --> 01:16:21.680] Well, don't just rely on definitions. [01:16:21.680 --> 01:16:22.680] Consider this also. [01:16:22.680 --> 01:16:28.360] The first place you want to go to always when you begin your legal research is your state [01:16:28.360 --> 01:16:30.720] constitution. [01:16:30.720 --> 01:16:34.560] You start with your bill or declaration of rights in your constitution. [01:16:34.560 --> 01:16:38.200] You take it apart piece by piece until you understand it all. [01:16:38.200 --> 01:16:41.760] If we're going to go to break, if you'll hang on to the other side, I'll finish this up [01:16:41.760 --> 01:16:42.760] with you when we get there. [01:16:42.760 --> 01:16:43.760] Hang on. [01:16:43.760 --> 01:16:44.760] Thank you. [01:16:44.760 --> 01:16:45.760] Okay. [01:16:45.760 --> 01:16:46.760] All right. [01:16:46.760 --> 01:16:47.760] This is Eddie Craig. [01:16:47.760 --> 01:16:48.760] Oh, I'm sorry. [01:16:48.760 --> 01:16:49.760] Go ahead. [01:16:49.760 --> 01:16:50.760] No, I was just going to say we have Ken from Texas on the line too. [01:16:50.760 --> 01:16:51.760] Go ahead, Eddie. [01:16:51.760 --> 01:16:52.760] All right. [01:16:52.760 --> 01:16:55.640] This is Eddie Craig, Randy Kelp, Deborah Stevens, Rule of Law Radio. [01:16:55.640 --> 01:17:02.280] We'll be right back. [01:17:02.280 --> 01:17:07.000] Capital Coin and Bullion is your local source for rare coins, precious metals, and coin [01:17:07.000 --> 01:17:09.440] supplies in the Austin metro area. [01:17:09.440 --> 01:17:11.480] We also ship worldwide. [01:17:11.480 --> 01:17:15.520] We are a family-owned and operated business that offers competitive prices on your coin [01:17:15.520 --> 01:17:16.520] and metals purchases. [01:17:16.520 --> 01:17:22.200] We buy, sell, trade, and consign rare coins, gold and silver coin collections, precious [01:17:22.200 --> 01:17:24.080] metals, and scrap gold. [01:17:24.080 --> 01:17:27.700] We will purchase and sell gold and jewelry items as well. [01:17:27.700 --> 01:17:30.280] We offer daily specials on coins and bullion. [01:17:30.280 --> 01:17:36.360] We're located at 5448 Burnett Road, Suite 3, and we're open Monday through Friday 10 [01:17:36.360 --> 01:17:40.280] a.m. to 6 p.m., Saturdays 10 a.m. to 5 p.m. [01:17:40.280 --> 01:17:47.680] You're welcome to stop in our shop during regular business hours or call 512-646-6440 [01:17:47.680 --> 01:17:48.680] with any questions. [01:17:48.680 --> 01:17:54.200] Ask for Chad and say you heard about us on Rule of Law Radio or 90.1-FM and get a special [01:17:54.200 --> 01:17:55.200] discount. [01:17:55.200 --> 01:18:00.640] That's Capital Coin and Bullion, 512-646-6440. [01:18:25.200 --> 01:18:45.400] Okay, now, as I was saying, when we talk about the study of the law, the first thing you [01:18:45.400 --> 01:18:49.360] do is you start with your constitution and your bill or declaration of rights, whichever [01:18:49.360 --> 01:18:51.520] one it contains. [01:18:51.520 --> 01:18:56.760] Then you go through and you look at the individual departments or branches sections of it to [01:18:56.760 --> 01:19:01.760] find out what power and authority was delegated to the individual branches of government in [01:19:01.760 --> 01:19:04.560] your state, okay? [01:19:04.560 --> 01:19:10.520] Once you know what they can or cannot do, then you can see what the arguments are. [01:19:10.520 --> 01:19:16.080] For instance, my first argument is show me where in the Texas Constitution the people [01:19:16.080 --> 01:19:21.760] gave the legislature or any other branch the power to regulate the people. [01:19:21.760 --> 01:19:23.920] That's just one question. [01:19:23.920 --> 01:19:27.160] The next question is, is like what we've got with the enactment clause. [01:19:27.160 --> 01:19:31.760] Where was the legislature given the authority to delegate lawmaking authority to municipalities [01:19:31.760 --> 01:19:32.760] and counties? [01:19:32.760 --> 01:19:35.280] Well, turns out they weren't. [01:19:35.280 --> 01:19:39.800] It's unconstitutional for anybody to enact something and call it a law in Texas when [01:19:39.800 --> 01:19:44.280] it's not created by the legislature and it does not bear this enacting clause. [01:19:44.280 --> 01:19:50.480] Now, the other thing is in the Texas Constitution, we have what's called the General Powers Clause. [01:19:50.480 --> 01:19:56.840] That's Article 1, Section 29, which says that everything in the general powers of government [01:19:56.840 --> 01:20:04.400] is forever accepted from the Bill of Rights or any other provision underneath the Bill [01:20:04.400 --> 01:20:07.800] of Rights, meaning the rest of the Constitution. [01:20:07.800 --> 01:20:13.880] That means anything the legislature enacts under its general powers may not be used against [01:20:13.880 --> 01:20:20.640] the people in derogation or abrogation of the people's rights, nor to grant an authority [01:20:20.640 --> 01:20:26.280] or power to any branch of government we didn't give it specifically. [01:20:26.280 --> 01:20:31.600] That right there shoots down a whole range of things that they say they can do, which [01:20:31.600 --> 01:20:39.040] they may can, but they can't do it to us because we reserve the right to say no. [01:20:39.040 --> 01:20:41.320] So those are the things you start with first. [01:20:41.320 --> 01:20:47.120] Once you figure out what they were given the authority to do, it becomes a whole lot easier [01:20:47.120 --> 01:20:52.160] to find the arguing points that shows here's what the Constitution says, here's what your [01:20:52.160 --> 01:20:53.160] statute says. [01:20:53.160 --> 01:20:58.020] Now, if you're going to say the statute means what you say it means, explain to me how that's [01:20:58.020 --> 01:21:01.720] not in violation of the Constitution right here. [01:21:01.720 --> 01:21:03.160] So they've got an option. [01:21:03.160 --> 01:21:07.800] They can change their story about how it applies or they can say, well, we're just going to [01:21:07.800 --> 01:21:15.440] do it despite what the Constitution says and set them up for sales for a horrendous lawsuit, [01:21:15.440 --> 01:21:21.800] which is what's going to happen if you play your cards right. [01:21:21.800 --> 01:21:28.360] Partly related to this is most of this is so-called federal land, but the sticker program [01:21:28.360 --> 01:21:32.720] in question is definitely a state program and they have a whole chapter that talks about [01:21:32.720 --> 01:21:37.920] off-road and the stickers and other things and the people on the ground that enforce [01:21:37.920 --> 01:21:45.280] this though are sometimes deputies that have been paid in part by the BLM or Forest Service [01:21:45.280 --> 01:21:52.240] or actually Forest Service specifically employed rangers. [01:21:52.240 --> 01:21:58.960] And so I'm curious as to what if any federal issue this might have or at least with a sticker [01:21:58.960 --> 01:22:00.840] program I guess it's solely state. [01:22:00.840 --> 01:22:05.520] Well, the first thing is, is the land in question actually ceded to the federal government or [01:22:05.520 --> 01:22:07.640] are they just on it? [01:22:07.640 --> 01:22:10.120] Okay, true. [01:22:10.120 --> 01:22:11.680] Okay. [01:22:11.680 --> 01:22:16.480] If they're just on it, they don't really have enforcement authority upon it, that would [01:22:16.480 --> 01:22:18.880] still maintain itself with the state. [01:22:18.880 --> 01:22:26.480] Okay, generally with the public lands, the public lands are not ceded from the state [01:22:26.480 --> 01:22:33.040] and the state and the feds have concurrent jurisdiction. [01:22:33.040 --> 01:22:36.840] But the feds wouldn't have jurisdiction for a violation of state law. [01:22:36.840 --> 01:22:43.200] That's a good question on federal land. [01:22:43.200 --> 01:22:47.080] Maybe that's part of the reason why they include deputies on their patrols, but I think there [01:22:47.080 --> 01:22:55.400] are or I know of situations where it was strictly Forest Service specific person that used some [01:22:55.400 --> 01:23:00.240] of these state laws like the sticker law to enforce or write tickets upon. [01:23:00.240 --> 01:23:01.240] That's a good question. [01:23:01.240 --> 01:23:08.280] Can a fed enforce a state law on federal land? [01:23:08.280 --> 01:23:09.840] I don't think so. [01:23:09.840 --> 01:23:12.920] I don't see where he would have jurisdiction to do that. [01:23:12.920 --> 01:23:17.800] There may be some provision, it's just I've never seen it. [01:23:17.800 --> 01:23:18.800] It would make sense. [01:23:18.800 --> 01:23:22.400] Well, but I mean let's take it in reverse. [01:23:22.400 --> 01:23:27.080] The state official has no authority to enforce federal law. [01:23:27.080 --> 01:23:28.080] He does. [01:23:28.080 --> 01:23:33.000] Well, hang on just a second. [01:23:33.000 --> 01:23:38.840] The state has to adopt the federal law before that official has the authority to enforce [01:23:38.840 --> 01:23:40.080] it. [01:23:40.080 --> 01:23:46.440] If the state does not adopt that law, then the official cannot enforce it. [01:23:46.440 --> 01:23:54.240] Hmm, that's also a good question. [01:23:54.240 --> 01:24:04.920] I was under the impression that a state official could enforce federal law within the state. [01:24:04.920 --> 01:24:07.960] I don't see how a state official could do that. [01:24:07.960 --> 01:24:12.320] If a guy robs a bank, that's a federal offense. [01:24:12.320 --> 01:24:16.040] Yeah, but it's also an offense within the state. [01:24:16.040 --> 01:24:21.880] That's robbery, so he has authority to go after it on that ground, but if you're talking [01:24:21.880 --> 01:24:27.480] strictly a federal law and the state itself has not adopted that law, he's not going [01:24:27.480 --> 01:24:28.800] to have authority to enforce that. [01:24:28.800 --> 01:24:29.800] I don't think so. [01:24:29.800 --> 01:24:30.800] That's a good point. [01:24:30.800 --> 01:24:32.840] I agree with Eddie on this one. [01:24:32.840 --> 01:24:33.840] Okay. [01:24:33.840 --> 01:24:39.320] One other question though, maybe this goes back to the code of construction type scenario, [01:24:39.320 --> 01:24:43.440] is that I haven't found the definition of off-road anywhere. [01:24:43.440 --> 01:24:51.120] A vehicle, yes, and issues specific to so-called off-road vehicles, but not the actual phrase [01:24:51.120 --> 01:24:54.960] off-road vehicle. [01:24:54.960 --> 01:25:00.780] When a term is not defined in law and they say that any word not defined shall be given [01:25:00.780 --> 01:25:09.400] as common usage, the first thing to remember is they always mean it's common usage in law. [01:25:09.400 --> 01:25:15.360] The first place you go looking for that definition is a law dictionary, not Webster's. [01:25:15.360 --> 01:25:16.360] There's no off-road. [01:25:16.360 --> 01:25:20.880] Yeah, I got about a month ago those seventh edition of Blacks, and that doesn't have off-road [01:25:20.880 --> 01:25:22.880] in it. [01:25:22.880 --> 01:25:30.440] Okay, then it sounds like what you're looking for is to get that out of the way then, because [01:25:30.440 --> 01:25:35.120] you need to find out what definition they're going of to show what off-road means. [01:25:35.120 --> 01:25:40.840] Is it possible they'd be using, or the feds have this defined someplace? [01:25:40.840 --> 01:25:47.360] Sure, it's possible, but if the fed has it, then it automatically has to do with commerce, [01:25:47.360 --> 01:25:51.400] because the fed can't create a law within the state for any other purpose. [01:25:51.400 --> 01:25:57.720] Wait, if it's on federal land, it's essentially not in the state. [01:25:57.720 --> 01:26:03.240] But it has to be ceded land before that would apply, Randy. [01:26:03.240 --> 01:26:04.240] No. [01:26:04.240 --> 01:26:05.240] Maybe. [01:26:05.240 --> 01:26:07.800] Well, you and I have had that discussion before. [01:26:07.800 --> 01:26:12.600] Without it being ceded, the fed does not have law jurisdiction. [01:26:12.600 --> 01:26:17.760] They can operate on it, but they don't have law enforcement authority over the land, because [01:26:17.760 --> 01:26:18.760] it's not ceded land. [01:26:18.760 --> 01:26:19.760] Yeah, that's right. [01:26:19.760 --> 01:26:25.200] What might be a tool to look or search for what particular lands have been ceded or not [01:26:25.200 --> 01:26:26.200] to the Secretary of State? [01:26:26.200 --> 01:26:27.200] That's Deborah's question. [01:26:27.200 --> 01:26:28.200] She can answer that. [01:26:28.200 --> 01:26:31.760] Can you say that question again one more time? [01:26:31.760 --> 01:26:36.080] Where might I search for, regarding whether a piece of land has been ceded to the federal [01:26:36.080 --> 01:26:37.080] government? [01:26:37.080 --> 01:26:42.000] You go to... Most of the time, the first order of business is to contact the Secretary [01:26:42.000 --> 01:26:47.400] of State's office, because what has to happen in order for the federal government to have [01:26:47.400 --> 01:26:54.200] law enforcement jurisdiction on a piece of land, see the... Contrary to what they're [01:26:54.200 --> 01:26:59.720] doing right now, which is totally illegal and unconstitutional, the federal government [01:26:59.720 --> 01:27:07.640] does not just have blankets, law enforcement capacity, free reign over the whole state [01:27:07.640 --> 01:27:11.040] like the state government does. [01:27:11.040 --> 01:27:16.800] The federal government is technically a foreign government in the eyes of the state government. [01:27:16.800 --> 01:27:21.680] The state government has sovereign authority and jurisdiction over the entire state within [01:27:21.680 --> 01:27:25.200] the state's borders, but the federal government does not. [01:27:25.200 --> 01:27:31.360] In order for the federal government to have law enforcement capacity, a piece of land, [01:27:31.360 --> 01:27:38.480] a specific piece of land, has to be ceded, formally ceded, C as in CAD, E, D, E, D, to [01:27:38.480 --> 01:27:40.480] the federal government by the state. [01:27:40.480 --> 01:27:47.960] It has to be signed by the governor, and there has to be an acceptance document from the [01:27:47.960 --> 01:27:52.280] General Services Administration, from the federal government, and that is sent back [01:27:52.280 --> 01:27:57.520] to the governor's office, and the secretary of state maintains all those records for the [01:27:57.520 --> 01:28:02.800] most part in most states, and generally they are kept at the state archives building in [01:28:02.800 --> 01:28:03.800] states. [01:28:03.800 --> 01:28:07.920] Here in Texas it's at the state archives, it's the archives library, and you can go [01:28:07.920 --> 01:28:08.920] there. [01:28:08.920 --> 01:28:13.360] I looked up, I have a list, I have all the documents of all the pieces of property that [01:28:13.360 --> 01:28:19.800] have ever been ceded to the federal government in the state of Texas, and most of them are, [01:28:19.800 --> 01:28:25.720] there's a couple of federal prisons and there's some military bases, but for the most part [01:28:25.720 --> 01:28:30.560] even post offices are not, they are not formally ceded to the federal government. [01:28:30.560 --> 01:28:35.040] Now the federal government can own land, but they don't have law enforcement jurisdiction [01:28:35.040 --> 01:28:41.320] on those properties, okay, and I found out in Travis County here, not one square inch [01:28:41.320 --> 01:28:43.640] of land has ever been ceded to the federal government. [01:28:43.640 --> 01:28:50.640] In fact there was a big brouhaha over it concerning the Air Force Base, Bergstrom Air Force Base. [01:28:50.640 --> 01:28:55.760] Bergstrom Air Force Base never got ceded to the federal government in Travis County, and [01:28:55.760 --> 01:28:59.840] then the only other piece of property that was ever in question was the downtown post [01:28:59.840 --> 01:29:02.040] office at Guadalupe at Sixth Street. [01:29:02.040 --> 01:29:05.880] That was never ceded either, and the federal government, it's hilarious, I was reading [01:29:05.880 --> 01:29:09.920] these letters, these letters were coming from the General Services Administration, and they [01:29:09.920 --> 01:29:14.400] were writing to the governor saying, we don't seem to have any records that you guys ever [01:29:14.400 --> 01:29:19.200] ceded us this land, can you please check your records, and they were writing back and like, [01:29:19.200 --> 01:29:24.760] sorry, we never did, and so, yeah, basically you would contact the Secretary of State's [01:29:24.760 --> 01:29:30.320] office and find out where the documents are kept of ceded properties that have been ceded [01:29:30.320 --> 01:29:34.160] to the federal government, and in general it's going to be at the Archives building, [01:29:34.160 --> 01:29:38.640] but contact the Secretary of State first, and you may have to make a trip to your capital. [01:29:38.640 --> 01:29:44.120] I had to actually go to the Archives Library, they're not going to look it up for you, so [01:29:44.120 --> 01:29:48.880] you may have to make a trip to the capital city of your state and look up those records [01:29:48.880 --> 01:29:49.880] for yourself. [01:29:49.880 --> 01:29:50.880] Okay, is that helpful? [01:29:50.880 --> 01:29:51.880] Yes, very much. [01:29:51.880 --> 01:29:52.880] That's a good start. [01:29:52.880 --> 01:29:53.880] Okay, great. [01:29:53.880 --> 01:29:54.880] Thank you, Mark. [01:29:54.880 --> 01:29:55.880] Okay, thank you. [01:29:55.880 --> 01:29:56.880] Okay, bye-bye. [01:29:56.880 --> 01:30:04.520] Are you the plaintiff or defendant in a lawsuit? 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[01:30:43.280 --> 01:30:49.920] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:30:49.920 --> 01:30:52.720] pro se tactics, and much more. [01:30:52.720 --> 01:31:00.720] Please visit ruleoflawradio.com and click on the banner, or call toll-free, 866-LAW-EZ. [01:31:00.720 --> 01:31:25.480] Okay, we're back, we're taking your calls. [01:31:25.480 --> 01:31:28.680] We're going to Ken in Texas, right after that is Stephen in Montana. [01:31:28.680 --> 01:31:30.080] Ken, thanks for calling in. [01:31:30.080 --> 01:31:31.080] What's on your mind tonight? [01:31:31.080 --> 01:31:32.080] Well, hi there. [01:31:32.080 --> 01:31:36.320] This is a call, I guess, mostly directed to Randy. [01:31:36.320 --> 01:31:42.880] Randy, as you know, I have your traffic course, I just got that recently, and Randy and Eddie's [01:31:42.880 --> 01:31:47.200] traffic course, and yours, Deborah, you all contributed to that, and I'm just going through [01:31:47.200 --> 01:31:48.200] that. [01:31:48.200 --> 01:31:53.360] I've been doing some research also, and I thought the listeners might really appreciate [01:31:53.360 --> 01:32:02.200] this, but in Texas, it seems, I've seen a report that 10% of Texans have outstanding [01:32:02.200 --> 01:32:14.160] traffic warrants, and I live in the Dallas area, Dallas gets more than 50% of its municipal [01:32:14.160 --> 01:32:18.360] revenue from traffic tickets at this point. [01:32:18.360 --> 01:32:22.160] Yeah, that's actually true of quite a number of the cities. [01:32:22.160 --> 01:32:28.600] They get the majority or at least a very large chunk of that from those tickets, and you [01:32:28.600 --> 01:32:33.080] know that's what they're in the business of doing, because that's exactly the order that's [01:32:33.080 --> 01:32:37.840] gone out in a lot of cities across the US of A. We're facing a budget crunch, get out [01:32:37.840 --> 01:32:40.080] there and write more tickets, we need money. [01:32:40.080 --> 01:32:45.440] Right, but I live in a suburb of Dallas, and I have never really liked going down into [01:32:45.440 --> 01:32:53.560] Dallas, but now they're getting a new police chief, or I guess they just got one yesterday, [01:32:53.560 --> 01:32:59.440] and we'll see how that goes, but I'm sure revenue enhancement is going to be one of [01:32:59.440 --> 01:33:01.840] his main themes. [01:33:01.840 --> 01:33:05.080] Probably if he wants to keep his job, it'll have to be. [01:33:05.080 --> 01:33:06.080] Right. [01:33:06.080 --> 01:33:11.800] Anyway, I'm going through the traffic course and learning about it, and I had done a little [01:33:11.800 --> 01:33:20.440] bit of fighting my ticket before then, because I have some tickets, and actually I have a [01:33:20.440 --> 01:33:29.160] real simple question, but I just kind of wanted to lay that all out there for you, but yesterday [01:33:29.160 --> 01:33:34.920] I filed a bar grievance against the prosecutor in the municipal court. [01:33:34.920 --> 01:33:39.000] Who is the prosecutor in the municipal court? [01:33:39.000 --> 01:33:42.040] Well, he happens to be the city attorney. [01:33:42.040 --> 01:33:43.040] Right. [01:33:43.040 --> 01:33:45.680] Why are you letting them get away with that? [01:33:45.680 --> 01:33:49.240] That's going to be one of my bar grievances, actually. [01:33:49.240 --> 01:33:52.600] What I figured, you know, honestly I want to tell you this, that everybody listening [01:33:52.600 --> 01:33:59.240] to the traffic course is so excellent, Eddie goes into an incredible amount of detail about [01:33:59.240 --> 01:34:09.680] the transportation code, and really gives some good courtroom information, and Randy [01:34:09.680 --> 01:34:11.840] goes into some real good strategies and stuff. [01:34:11.840 --> 01:34:15.440] This is a lot more than traffic, really. [01:34:15.440 --> 01:34:22.320] It's really just a really good strategy for self-defense, and so, but before I really [01:34:22.320 --> 01:34:26.960] get into applying some of those strategies, I really kind of wanted to soften them up [01:34:26.960 --> 01:34:31.600] with some bar grievances, because, you know, after I go ahead and win the tickets, this [01:34:31.600 --> 01:34:33.720] is going to be a moot point. [01:34:33.720 --> 01:34:40.760] So anyway, I've got between 12 and 70 bar grievance items here, speaking with specificity [01:34:40.760 --> 01:34:47.200] and particularity, and so I've already mailed out another one today, and my first concept [01:34:47.200 --> 01:34:52.920] was to just drip them in one day at a time until they cry uncle, but I don't know. [01:34:52.920 --> 01:34:53.920] What do you think? [01:34:53.920 --> 01:34:57.440] Would that be good, or should I just drop them all on them? [01:34:57.440 --> 01:35:04.280] Well, that's up to you, but I would make a serious effort to go down to the city secretary, [01:35:04.280 --> 01:35:09.720] find out who the bonding company is for the city, and verify that the city attorney is [01:35:09.720 --> 01:35:14.760] covered under that same bonding company, and every bar grievance you file against him, [01:35:14.760 --> 01:35:16.560] send them a copy of it. [01:35:16.560 --> 01:35:17.560] Okay. [01:35:17.560 --> 01:35:24.960] That will raise the city's bond rating, and the city will start having a fit. [01:35:24.960 --> 01:35:25.960] Yeah, okay. [01:35:25.960 --> 01:35:29.360] That way you can drop as many as you want in one shot, and there ain't nothing the [01:35:29.360 --> 01:35:30.560] lawyer can do about it. [01:35:30.560 --> 01:35:36.000] The problem with dropping them all in one shot is they might treat it like one. [01:35:36.000 --> 01:35:46.040] If they get one at a time, or at least each in a separate mailing, and each one needs [01:35:46.040 --> 01:35:52.720] to address a canon of ethics, then they got a bigger problem. [01:35:52.720 --> 01:35:55.720] Absolutely. [01:35:55.720 --> 01:36:00.800] This was a lot of work to me, kind of being a bit rusty on legal research, but really [01:36:00.800 --> 01:36:06.320] dividing it up into step-by-step what they did or did not do, and I'm still working [01:36:06.320 --> 01:36:15.600] through it, but my first concept was I'm going to put everything that he did on each item [01:36:15.600 --> 01:36:19.880] that he did wrong on a separate bar grievance. [01:36:19.880 --> 01:36:23.960] Sometimes they may tie it together a little bit, but like I put one on the first one, [01:36:23.960 --> 01:36:28.640] I think I put two or three on the second one, because they were kind of related, but easily [01:36:28.640 --> 01:36:35.920] I've got anywhere between 12 and 70, depending upon how discreet I want to be on it. [01:36:35.920 --> 01:36:37.680] You don't wish to be discreet. [01:36:37.680 --> 01:36:41.160] You want to be the biggest pain in the butt they've ever laid eyes on. [01:36:41.160 --> 01:36:42.160] Only 70? [01:36:42.160 --> 01:36:45.800] Or are you paying attention? [01:36:45.800 --> 01:36:46.800] Yeah. [01:36:46.800 --> 01:36:47.800] 70. [01:36:47.800 --> 01:36:52.840] Anyway, I mean, if he fails to do something, that's an item. [01:36:52.840 --> 01:36:55.040] If he does something, that's an item, right? [01:36:55.040 --> 01:36:56.040] Right. [01:36:56.040 --> 01:37:03.120] Don't forget to accompany those bar grievances with judicial conduct complaints and criminal [01:37:03.120 --> 01:37:04.120] complaints. [01:37:04.120 --> 01:37:08.960] Don't just give him the one thing, give him everything. [01:37:08.960 --> 01:37:15.520] Along with the bar grievance, I send in accompanying criminal complaint. [01:37:15.520 --> 01:37:18.160] No, you don't send that into the same place. [01:37:18.160 --> 01:37:22.120] The criminal complaints, you're going to file there either with the district attorney, the [01:37:22.120 --> 01:37:25.480] county attorney, or directly with the grand jury. [01:37:25.480 --> 01:37:26.600] Okay. [01:37:26.600 --> 01:37:34.000] Because each bar grievance, I'm alleging not only items on the canons of ethics, but these [01:37:34.000 --> 01:37:35.800] are also criminal. [01:37:35.800 --> 01:37:36.800] That's correct. [01:37:36.800 --> 01:37:40.840] Now, the same thing would apply with the judicial, you do the judicial conduct complaints just [01:37:40.840 --> 01:37:44.480] like you do the bar grievances, except, of course, you send them to a different set of [01:37:44.480 --> 01:37:46.080] folks as well. [01:37:46.080 --> 01:37:52.120] But same thing, you cause this guy as much pain as he can make him think he's given child [01:37:52.120 --> 01:37:53.120] birth here. [01:37:53.120 --> 01:37:57.120] Well, he's not a judge, so how would judicial conduct apply? [01:37:57.120 --> 01:37:58.120] He's a judicial officer. [01:37:58.120 --> 01:37:59.120] Oh, no. [01:37:59.120 --> 01:38:02.800] You can't go to the attorney with judicial conduct, but you can go to the judge with [01:38:02.800 --> 01:38:09.600] condoning it, acting in concert and collusion. [01:38:09.600 --> 01:38:17.120] At one point, I did want to bring up, with you hammering this guy with bar grievances, [01:38:17.120 --> 01:38:23.160] if he mentions the bar grievances, grieve him for that. [01:38:23.160 --> 01:38:27.400] By the way, I sent him a copy of the first one. [01:38:27.400 --> 01:38:30.920] Oh, you're not supposed to do that. [01:38:30.920 --> 01:38:31.920] Oh, well. [01:38:31.920 --> 01:38:34.960] I didn't see any rules that I couldn't do that, so I did it. [01:38:34.960 --> 01:38:35.960] Okay. [01:38:35.960 --> 01:38:42.480] I personally don't want him to find out from me. [01:38:42.480 --> 01:38:47.760] I want him to find out from somebody else that they have to answer to. [01:38:47.760 --> 01:38:56.360] That's a lot more fun, but he's almost certainly a practicing attorney, and good chance you'll [01:38:56.360 --> 01:38:59.040] come back and he'll be gone and there'll be another one. [01:38:59.040 --> 01:39:05.240] Oh, well, if he's a practicing attorney, that's even worse. [01:39:05.240 --> 01:39:11.200] In the course, you did get the motion or petition for a prosecutor to show authority, correct? [01:39:11.200 --> 01:39:12.200] Right. [01:39:12.200 --> 01:39:14.200] You've read through that? [01:39:14.200 --> 01:39:17.320] I have to read that one some more, but I did scan it. [01:39:17.320 --> 01:39:18.600] You need to read it. [01:39:18.600 --> 01:39:21.520] Have you requested his license to practice? [01:39:21.520 --> 01:39:26.320] I haven't requested his license, but I've requested a lot of information from him in [01:39:26.320 --> 01:39:32.080] two different PIRs, and he has been obstructing getting that information to me, which is giving [01:39:32.080 --> 01:39:35.080] me more grounds for bartering. [01:39:35.080 --> 01:39:39.880] Read 38.123, penal code, paragraph D. [01:39:39.880 --> 01:39:46.800] Yeah, 122 and 123, both in fact. [01:39:46.800 --> 01:39:52.880] Those 23, it's the illegal practice of law, but it is a defense to the illegal practice [01:39:52.880 --> 01:39:59.040] of law if you are licensed to practice law in the state, in another state, or in a foreign [01:39:59.040 --> 01:40:07.760] country, and it's accepted by the state, and you are in good standing with the bar. [01:40:07.760 --> 01:40:08.760] Right. [01:40:08.760 --> 01:40:13.800] And then the constitution, government code, you've got that one, haven't you, Eddie, that [01:40:13.800 --> 01:40:16.680] authorizes the Supreme Court to issue- [01:40:16.680 --> 01:40:18.880] Yeah, that's chapter 82. [01:40:18.880 --> 01:40:23.880] 82.021, I believe. [01:40:23.880 --> 01:40:32.280] It authorizes the Supreme Court to issue bar cards, I mean, licenses, and the Bar Association [01:40:32.280 --> 01:40:41.480] issues bar cards, and 38.123 requires they have both, and what the attorney is going [01:40:41.480 --> 01:40:45.520] to say, well, the Supreme Court doesn't issue bar cards. [01:40:45.520 --> 01:40:47.320] Yeah, it's your problem. [01:40:47.320 --> 01:40:50.120] Yeah, your problem, not my problem. [01:40:50.120 --> 01:40:57.800] My problem is the bailiff hasn't arrested you yet, and the judge has to have one as [01:40:57.800 --> 01:40:58.800] well. [01:40:58.800 --> 01:40:59.800] Excellent. [01:40:59.800 --> 01:41:06.000] By the way, I did get the, as you pointed out, in my bar grievance, I need to put in [01:41:06.000 --> 01:41:12.320] specific violations of the Texas disciplinary rules of professional conduct. [01:41:12.320 --> 01:41:13.320] Exactly. [01:41:13.320 --> 01:41:19.600] I had a guy here, file one, and they said, this was just a request for mediation because [01:41:19.600 --> 01:41:22.320] you didn't state one of the canons. [01:41:22.320 --> 01:41:23.320] Right. [01:41:23.320 --> 01:41:31.640] I did download that book, it's 123 pages, I went and had it printed out and bound, and [01:41:31.640 --> 01:41:37.560] I've gone through it page by page with a yellow marker, and I want to tell you, this is the [01:41:37.560 --> 01:41:47.440] best investment of 23 bucks I've ever made because this shows you exactly what to allege, [01:41:47.440 --> 01:41:52.520] and you know, I mean, point out, it tells you what rules they've got to play by. [01:41:52.520 --> 01:41:55.120] How about rule 8.04, misconduct? [01:41:55.120 --> 01:42:05.200] Misconduct, they say, that this 8.04 says this basically, that that section basically [01:42:05.200 --> 01:42:09.640] combines, it's a comprehensive restatement of all forms of conduct that was subject to [01:42:09.640 --> 01:42:16.280] lawyer to discipline under the rules, state bar or their codes here. [01:42:16.280 --> 01:42:24.680] There's one more thing you need to find since you're going after a prosecutor, the American [01:42:24.680 --> 01:42:29.360] Bar Association standards for the prosecutorial function. [01:42:29.360 --> 01:42:33.160] American Bar Association standards for prosecutor, okay. [01:42:33.160 --> 01:42:38.040] I vilified an attorney on the stand with that one. [01:42:38.040 --> 01:42:42.320] Oh, it was a hoot. [01:42:42.320 --> 01:42:45.840] I called the last witness, the judge said, Mr. Company, do you have any further witnesses? [01:42:45.840 --> 01:42:47.680] I called Stephen Hale. [01:42:47.680 --> 01:42:52.480] Prosecutor jumps up, he can't do that, and the judge said, yes, Mr. Hale, he can. [01:42:52.480 --> 01:42:56.840] I put the prosecutor on the stand and asked him if he was aware of any other witnesses [01:42:56.840 --> 01:42:57.840] in this incident. [01:42:57.840 --> 01:42:58.840] He said, yes, he was. [01:42:58.840 --> 01:42:59.840] Did you talk to him? [01:42:59.840 --> 01:43:00.840] No, I didn't. [01:43:00.840 --> 01:43:01.840] Why didn't you? [01:43:01.840 --> 01:43:03.400] Well, I didn't believe you, Mr. Kelton. [01:43:03.400 --> 01:43:05.080] Oh, you didn't believe me, huh? [01:43:05.080 --> 01:43:07.800] You familiar with the American Bar Association standards for prosecutorial function? [01:43:07.800 --> 01:43:09.000] He said, yes, I am. [01:43:09.000 --> 01:43:11.000] You familiar with standard 3-3.11? [01:43:11.000 --> 01:43:15.120] No, Mr. Kelton, I'm not familiar with every single paragraph. [01:43:15.120 --> 01:43:18.680] Well, let me familiarize you with it then. [01:43:18.680 --> 01:43:24.320] It says it is unethical conduct for a prosecuting attorney to refrain from pursuing evidence [01:43:24.320 --> 01:43:28.160] solely because the evidence will show the innocence of the accused or mitigate the guilt [01:43:28.160 --> 01:43:29.160] of the accused. [01:43:29.160 --> 01:43:34.480] Now, do you still consider yourself an ethical attorney? [01:43:34.480 --> 01:43:41.160] I thought I was going to jail over that one, and I was thinking it would be worth it. [01:43:41.160 --> 01:43:43.400] But that would be a good one to get and read. [01:43:43.400 --> 01:43:46.960] And his problem was that he's the one that gave me the copy of it. [01:43:46.960 --> 01:43:48.600] That's pretty funny. [01:43:48.600 --> 01:43:52.480] OK, listen, we've got three other callers on the line and only one segment left. [01:43:52.480 --> 01:43:56.120] So Ken, call back in tomorrow night if you have more. [01:43:56.120 --> 01:44:07.560] We'll be right back. [01:44:07.560 --> 01:44:15.240] Aerial spray, chemtrails, the modified atmosphere, heavy metals and pesticides, carcinogens [01:44:15.240 --> 01:44:19.160] and chemical fibers all falling from the sky. [01:44:19.160 --> 01:44:27.040] You have a choice to keep your body clean, detoxify with micro plant powder from hempusa.org [01:44:27.040 --> 01:44:31.880] or call 908-691-2608. [01:44:31.880 --> 01:44:36.880] It's odorless and tasteless and used in any liquid or food. [01:44:36.880 --> 01:44:40.640] Protect your family now with micro plant powder. [01:44:40.640 --> 01:44:47.160] Cleaning out heavy metals, parasites and toxins, order it now for daily intake and stock it [01:44:47.160 --> 01:44:49.400] now for long term storage. [01:44:49.400 --> 01:45:17.960] Visit hempusa.org or call 908-691-2608 today. [01:45:17.960 --> 01:45:38.200] Somebody's going to police the police man. [01:45:38.200 --> 01:45:39.200] Somebody's going to bully the bully. [01:45:39.200 --> 01:45:42.000] That would be us and you listeners and callers. [01:45:42.000 --> 01:45:47.080] We've got three callers left on the line and just briefly I wanted to address this situation [01:45:47.080 --> 01:45:52.220] again concerning the property ceded to the federal government in the state. [01:45:52.220 --> 01:45:59.000] In order for it to be a complete process, the state has to receive back an acceptance [01:45:59.000 --> 01:46:00.000] letter. [01:46:00.000 --> 01:46:04.200] It's called a notice of acceptance from the federal government and so if the notice of [01:46:04.200 --> 01:46:10.360] acceptance is not in the file concerning a particular piece of property, if it's just [01:46:10.360 --> 01:46:14.480] been ceded by the governor but there's not been a notice of acceptance received back [01:46:14.480 --> 01:46:19.520] to the state from the federal government, then the process hasn't been completed. [01:46:19.520 --> 01:46:22.480] Sometimes you can get a list of all the properties. [01:46:22.480 --> 01:46:24.520] Sometimes it's just a bunch of files. [01:46:24.520 --> 01:46:33.880] In Texas, there are like three quasi incomplete lists dating back to certain years and if [01:46:33.880 --> 01:46:40.400] you put them all together, they encompass mostly a complete list but as far as the notices [01:46:40.400 --> 01:46:44.800] of acceptance, those would be in the files with a particular piece of property along [01:46:44.800 --> 01:46:49.640] with the document and in some states, they'll have all the notices of acceptance together [01:46:49.640 --> 01:46:52.120] and all the ceded documents together. [01:46:52.120 --> 01:46:57.000] In some states, they'll break it up by county and some states, they'll break it up by individual [01:46:57.000 --> 01:47:01.320] properties so I just wanted to add that in that definitely that other document is important [01:47:01.320 --> 01:47:04.560] you need to look for that if you're inquiring to a particular piece of property. [01:47:04.560 --> 01:47:08.040] Okay, we're going now to Steve in Montana, first time caller. [01:47:08.040 --> 01:47:09.040] Thank you, Steve. [01:47:09.040 --> 01:47:10.040] What's on your mind tonight? [01:47:10.040 --> 01:47:11.040] Hi, guys. [01:47:11.040 --> 01:47:16.920] I'll just be brief on an issue at hand that I need to do in the morning and then I'll [01:47:16.920 --> 01:47:23.160] call back tomorrow night for the questions but recently, got a lot of judge going on [01:47:23.160 --> 01:47:24.160] here. [01:47:24.160 --> 01:47:35.040] I filed a discovery request about two and a half months ago and with that, I filed a [01:47:35.040 --> 01:47:45.000] petition to continue the case until my discovery was granted or received and the judge ordered [01:47:45.000 --> 01:47:53.880] that so continued it and then all of a sudden, she, about two months later, refiled the case [01:47:53.880 --> 01:48:01.520] or reopened another hearing without me getting any of my discovery so I filed a motion to [01:48:01.520 --> 01:48:08.960] compel and a motion to sanction, prosecutor, she denied that and still carried on the case [01:48:08.960 --> 01:48:15.640] so I filed an affidavit of prejudice along with some criminal complaints and then also [01:48:15.640 --> 01:48:22.160] the judge, I did a motion for summary judgment, the judge denied that without the prosecuting [01:48:22.160 --> 01:48:25.200] side even answering it. [01:48:25.200 --> 01:48:31.480] I did a request for admissions, the prosecutor answered saying that she didn't have to answer [01:48:31.480 --> 01:48:36.080] any of the requests for admissions because it was under civil rules and this is criminal. [01:48:36.080 --> 01:48:40.480] The judge granted her a motion without me being able to respond to it. [01:48:40.480 --> 01:48:46.560] Other than that, I want to try to get a root of prohibition out in the morning and I'm [01:48:46.560 --> 01:48:49.560] trying to think of some issues to bring up. [01:48:49.560 --> 01:48:54.920] I got pretrial for next Wednesday. [01:48:54.920 --> 01:48:55.920] What court? [01:48:55.920 --> 01:48:57.920] The justice of the peace. [01:48:57.920 --> 01:49:00.040] JP court, prosecuting attorney? [01:49:00.040 --> 01:49:02.600] Yeah, county attorney. [01:49:02.600 --> 01:49:06.440] Is there an information on filing the record? [01:49:06.440 --> 01:49:09.240] It's just a complaint. [01:49:09.240 --> 01:49:12.520] Then the court's acting without jurisdiction, you should be filing charges against both [01:49:12.520 --> 01:49:13.520] of them. [01:49:13.520 --> 01:49:14.520] I have. [01:49:14.520 --> 01:49:20.920] I filed probably like 025 criminal complaints with the... [01:49:20.920 --> 01:49:23.320] Okay, you moved to disqualify. [01:49:23.320 --> 01:49:32.680] I didn't offer David a prejudice to disqualify the judge to get her off the bench but I think [01:49:32.680 --> 01:49:33.680] that she's still good. [01:49:33.680 --> 01:49:39.040] I did a counterclaim a long time ago and then after I filed that, I did a motion to recuse [01:49:39.040 --> 01:49:43.640] the judge and of course she hasn't stepped down, keeps issuing these orders. [01:49:43.640 --> 01:49:49.720] Well a recusal the judge can refuse to accept, a disqualification legally they can't. [01:49:49.720 --> 01:49:55.920] Once you file criminal charges against the judge, the judge has a stake in the case. [01:49:55.920 --> 01:49:57.960] So if you have filed a... [01:49:57.960 --> 01:50:00.600] Have you filed a countersuit against the court? [01:50:00.600 --> 01:50:04.600] Yeah, I haven't filed it properly, I just filed it within the file but I haven't actually [01:50:04.600 --> 01:50:15.040] served the parties yet as far as civil suit goes but it's in the file of the court docket. [01:50:15.040 --> 01:50:19.800] You might want to, it'll cost you a little bit extra, but file in the county in the district [01:50:19.800 --> 01:50:20.800] court. [01:50:20.800 --> 01:50:25.680] Yeah, I need to do that, I was going to do that here shortly but right now I want to [01:50:25.680 --> 01:50:29.080] do this writ of prohibition, trying to in the morning to go to the next higher court [01:50:29.080 --> 01:50:31.320] but the thing is, I think the next higher... [01:50:31.320 --> 01:50:36.920] We only got two appeals here, we got the justice piece gets an appeal or a trial de novo in [01:50:36.920 --> 01:50:39.920] the district court and then the district court goes to the supreme court and that's all we [01:50:39.920 --> 01:50:40.920] got. [01:50:40.920 --> 01:50:46.320] I've been filing all these criminal complaints with the district court and petition to convene [01:50:46.320 --> 01:50:54.240] the grand jury because we haven't had a grand jury in Montana convened since 1975 and so [01:50:54.240 --> 01:50:58.760] it's kind of corruption going, a lot of corruption that they can have here. [01:50:58.760 --> 01:51:02.280] So all these criminal complaints have been filed with the next district judge and I don't [01:51:02.280 --> 01:51:06.800] really want to file a writ of prohibition with him because he was named in my countersuit [01:51:06.800 --> 01:51:12.400] as well and I don't know if I can go to the supreme court to file my writ. [01:51:12.400 --> 01:51:14.560] We should have a court of appeals. [01:51:14.560 --> 01:51:18.560] No, there's not, just district court and supreme court. [01:51:18.560 --> 01:51:25.080] Supreme did go to the supreme court for writ of mandamus, ordering the district court to [01:51:25.080 --> 01:51:30.480] order the JP court to do what is, to disqualify himself. [01:51:30.480 --> 01:51:35.720] Okay, would it be good to file one with the district court and one with the supreme court [01:51:35.720 --> 01:51:37.600] at the same time? [01:51:37.600 --> 01:51:44.960] No, if you've filed, if you've already, you've disqualified the district court by civil action [01:51:44.960 --> 01:51:48.240] and have you filed criminal charges against the district judge? [01:51:48.240 --> 01:51:49.840] No, I haven't yet. [01:51:49.840 --> 01:51:53.240] Okay, but you filed a civil action naming the district judge. [01:51:53.240 --> 01:51:54.240] Yeah. [01:51:54.240 --> 01:51:56.680] Then the district judge is disqualified. [01:51:56.680 --> 01:51:57.680] Okay. [01:51:57.680 --> 01:52:00.880] Go to the next hire. [01:52:00.880 --> 01:52:01.880] Okay. [01:52:01.880 --> 01:52:07.720] Win, lose, or draw, you stir up enough stink and the guys hire up, especially if you start [01:52:07.720 --> 01:52:11.960] kicking them around, they're going to tell the guys down at the bottom, fix this, make [01:52:11.960 --> 01:52:14.520] it go away, make this guy happy. [01:52:14.520 --> 01:52:17.920] He's giving me a headache and I'm going to give you pneumonia. [01:52:17.920 --> 01:52:18.920] Okay. [01:52:18.920 --> 01:52:24.840] All right then, well, since you've only got a couple of callers, I'll let you guys go. [01:52:24.840 --> 01:52:27.920] All right, Stephen, call back in tomorrow night with more questions. [01:52:27.920 --> 01:52:28.920] We have more time. [01:52:28.920 --> 01:52:30.240] We do four hours on Friday nights. [01:52:30.240 --> 01:52:31.240] Okay, thanks. [01:52:31.240 --> 01:52:34.880] Okay, we're going to go to Tom in Kansas now and then Gary. [01:52:34.880 --> 01:52:36.280] Tom, thanks for calling in. [01:52:36.280 --> 01:52:39.280] What's on your mind tonight? [01:52:39.280 --> 01:52:40.280] Hello. [01:52:40.280 --> 01:52:41.840] What's on your mind tonight? [01:52:41.840 --> 01:52:44.240] Yes, what's on your mind tonight? [01:52:44.240 --> 01:52:52.360] Well, I was traveling through Texas the middle of the month on the way to California on I-40 [01:52:52.360 --> 01:52:58.920] and got stopped by a high patrol for speeding 10 over the speed limit. [01:52:58.920 --> 01:53:02.800] I did not have a valid driver's license to produce. [01:53:02.800 --> 01:53:12.400] I did not give him my copy of my license and when he asked for proof of identification [01:53:12.400 --> 01:53:18.040] on the vehicle I was driving, I provided him with a rental car record and he asked I come [01:53:18.040 --> 01:53:23.920] back to his cruiser and talk to him and I explained to him what had happened, that my [01:53:23.920 --> 01:53:32.360] license was suspended in Kansas for non-payment of the fine that I had not sold yet and so [01:53:32.360 --> 01:53:38.680] he wrote me up for a citation for no valid driver's license as well as 10 over the speed [01:53:38.680 --> 01:53:46.560] limit and when I signed it, I told him I'm not this corporate. [01:53:46.560 --> 01:53:51.600] Okay, we've got to move quickly, we're running out of time and do you have a question about [01:53:51.600 --> 01:53:52.600] that? [01:53:52.600 --> 01:54:02.440] Yes, is there an administrative procedure that I can file rather than making a plea [01:54:02.440 --> 01:54:04.000] on this ticket? [01:54:04.000 --> 01:54:10.760] You can fight it but you're going to have a tough time doing it from California. [01:54:10.760 --> 01:54:16.000] The problem is that no, there is no cut and dry administrative procedure because they [01:54:16.000 --> 01:54:20.720] don't like to obey the law here, that's the biggest problem. [01:54:20.720 --> 01:54:26.440] Now we can tell you what the law is, what it requires and what it says because technically [01:54:26.440 --> 01:54:31.720] speaking he had no authority to issue a ticket to you unless you were in something acting [01:54:31.720 --> 01:54:33.600] in commerce. [01:54:33.600 --> 01:54:39.280] That's right in the law, they just can't seem to read it and understand it. [01:54:39.280 --> 01:54:43.620] But to answer your question short and sweet, no, there is no down and dirty administrative [01:54:43.620 --> 01:54:47.760] procedure or anything to help you with the problem. [01:54:47.760 --> 01:54:52.440] The problem remains, you're going to have to fight it to get anything done over it. [01:54:52.440 --> 01:55:00.320] Okay, so that probably means I'll have to make at least one trip back to Texas, right? [01:55:00.320 --> 01:55:03.760] Unless you can get it dismissed through the mail, yes. [01:55:03.760 --> 01:55:05.160] Okay. [01:55:05.160 --> 01:55:09.520] But now the first thing would be to ask just exactly what authority does a Texas trooper [01:55:09.520 --> 01:55:12.840] have to enforce another state's driver's license laws? [01:55:12.840 --> 01:55:13.840] Right. [01:55:13.840 --> 01:55:18.240] Because as far as I know they don't have any. [01:55:18.240 --> 01:55:20.040] Okay. [01:55:20.040 --> 01:55:24.480] So whether or not your license is invalid is entirely between you and the issuing state, [01:55:24.480 --> 01:55:26.720] not the Texas trooper. [01:55:26.720 --> 01:55:28.200] Right. [01:55:28.200 --> 01:55:34.280] Yes, an officer stopped me once with expired Illinois plates and he said, aren't those [01:55:34.280 --> 01:55:35.280] plates expired? [01:55:35.280 --> 01:55:40.000] I said, yes they are, but as far as I know you can cite me with violating an Illinois [01:55:40.000 --> 01:55:41.000] law. [01:55:41.000 --> 01:55:45.760] He said, you're right, but if I see those again, I can cite you for violating Texas [01:55:45.760 --> 01:55:46.760] law. [01:55:46.760 --> 01:55:48.720] But he didn't cite me then. [01:55:48.720 --> 01:55:50.280] Okay, we really need to move along. [01:55:50.280 --> 01:55:51.280] We've got two more callers. [01:55:51.280 --> 01:55:53.520] Yeah, Tom, call back in tomorrow night when we have more time. [01:55:53.520 --> 01:55:55.000] Okay, thank you. [01:55:55.000 --> 01:55:56.000] Okay, thank you. [01:55:56.000 --> 01:55:59.920] Okay, I'm going to jump ahead of Gary. [01:55:59.920 --> 01:56:02.760] Gary, apologize, but we've got a first time caller here. [01:56:02.760 --> 01:56:04.600] I like to know the first time callers first. [01:56:04.600 --> 01:56:07.440] Carlos, quickly, what is your question? [01:56:07.440 --> 01:56:12.320] Well, my real question is, hi, I'm new to this show. [01:56:12.320 --> 01:56:13.320] Thank you. [01:56:13.320 --> 01:56:17.120] Maybe I would have to call tomorrow morning or tomorrow afternoon. [01:56:17.120 --> 01:56:21.680] My real question is, in California, how do we make the judges obey the judge and go with [01:56:21.680 --> 01:56:22.680] the honest? [01:56:22.680 --> 01:56:26.040] I mean, we have a problem down here on foreclosures. [01:56:26.040 --> 01:56:28.400] That's what our whole show is about. [01:56:28.400 --> 01:56:30.160] We need to hook him up with Rick. [01:56:30.160 --> 01:56:32.240] Yeah, he comes with an easy question. [01:56:32.240 --> 01:56:34.640] Why don't you ask us a hard question? [01:56:34.640 --> 01:56:39.360] Carlos, why don't you call in tomorrow night, and we'll more thoroughly answer your question. [01:56:39.360 --> 01:56:41.200] That's what basically this whole show is about. [01:56:41.200 --> 01:56:45.960] We need to hook him up with Rick in California, because Rick is kicking their behinds out there [01:56:45.960 --> 01:56:46.960] big time. [01:56:46.960 --> 01:56:50.080] Rick, because I'm helping people stay in their homes. [01:56:50.080 --> 01:56:51.560] I do it for no charge. [01:56:51.560 --> 01:56:56.280] I help them stay in their homes, and I just need to find out and learn how to fight these [01:56:56.280 --> 01:56:58.200] crooked guys in the black dress. [01:56:58.200 --> 01:57:01.040] Crooked guys in the black dress, no kidding. [01:57:01.040 --> 01:57:03.760] Carlos, you know our website, ruleoflawradio.com? [01:57:03.760 --> 01:57:04.760] Yes. [01:57:04.760 --> 01:57:05.760] Okay. [01:57:05.760 --> 01:57:06.760] All right. [01:57:06.760 --> 01:57:09.920] Well, we're going to be on the air tomorrow night from 8 to midnight, and hopefully Rick [01:57:09.920 --> 01:57:12.520] is out there listening, and Rick will call in tomorrow night, too. [01:57:12.520 --> 01:57:13.520] We've got Rick's number. [01:57:13.520 --> 01:57:16.520] Randy, let's call Rick tomorrow during the day and tell him to hook up with this guy. [01:57:16.520 --> 01:57:17.520] What's his last name? [01:57:17.520 --> 01:57:18.520] I'm not sure. [01:57:18.520 --> 01:57:19.520] I can't remember. [01:57:19.520 --> 01:57:21.520] We don't like to give out last names on the phone. [01:57:21.520 --> 01:57:22.520] No, don't give it up. [01:57:22.520 --> 01:57:23.520] Don't give it up. [01:57:23.520 --> 01:57:24.520] On the air. [01:57:24.520 --> 01:57:25.520] Okay, listen. [01:57:25.520 --> 01:57:26.840] Call back in tomorrow night, Carlos, and we'll talk to you longer. [01:57:26.840 --> 01:57:27.840] Thank you. [01:57:27.840 --> 01:57:28.840] Okay. [01:57:28.840 --> 01:57:29.840] All right. [01:57:29.840 --> 01:57:30.840] We're going to go now to Gary. [01:57:30.840 --> 01:57:33.840] Okay, Gary, you've got about one minute. [01:57:33.840 --> 01:57:38.480] Okay, and I'll address the question in seconds. [01:57:38.480 --> 01:57:46.480] The question that maybe can be answered is, do ordinances, counter ordinances, have to [01:57:46.480 --> 01:57:47.480] have regulations? [01:57:47.480 --> 01:57:51.400] Do they have to apply with administrative procedures of law? [01:57:51.400 --> 01:57:53.920] Therefore, Hank, you probably answered that. [01:57:53.920 --> 01:57:55.400] Thank you. [01:57:55.400 --> 01:58:01.280] Well, based upon what I went over first at the beginning, the fact that the Texas Constitution [01:58:01.280 --> 01:58:07.720] requires an enacting clause in all laws means right off the bat that any ordinance, it does [01:58:07.720 --> 01:58:10.240] not have the effect of law in Texas. [01:58:10.240 --> 01:58:14.760] If your state constitution has an enactment clause in your state, I'd be willing to bet [01:58:14.760 --> 01:58:17.560] the same thing would apply. [01:58:17.560 --> 01:58:19.560] Thank you very much, Eddie. [01:58:19.560 --> 01:58:20.560] Yes, sir. [01:58:20.560 --> 01:58:21.560] Wow. [01:58:21.560 --> 01:58:22.560] We made it. [01:58:22.560 --> 01:58:24.560] We took all the calls. [01:58:24.560 --> 01:58:25.560] We did it. [01:58:25.560 --> 01:58:31.240] Okay, folks, we will be back tomorrow night, eight to midnight Central Time. [01:58:31.240 --> 01:58:36.520] And don't forget Axiom for Liberty, Kay Beach, brand new show here on Rule of Law Radio. [01:58:36.520 --> 01:58:41.900] She, well, got a month now, Friday nights from six to eight Central Time. [01:58:41.900 --> 01:58:47.640] And please, folks, visit our sponsor, our brand new sponsor, Capital Coin and Boolean. [01:58:47.640 --> 01:58:51.560] You can order over the telephone if you don't live in Austin. [01:58:51.560 --> 01:58:56.240] If you live in Austin, go pay him a visit, 5448 Burnett Road. [01:58:56.240 --> 01:59:22.880] The phone number is 512-646-644-0. [01:59:22.880 --> 01:59:46.440] Thanks for watching. [01:59:46.440 --> 01:59:49.440] It's a dream, let it go. [01:59:49.440 --> 01:59:53.440] It's a dream, let it go. [01:59:53.440 --> 02:00:21.440] It's a dream, let it go.