[00:00.000 --> 00:11.800] USA chief Rajiv Shah said Pakistan will have to demonstrate it can spend relief funds transparently [00:11.800 --> 00:16.480] and well if it wants more help in rebuilding after its massive floods. [00:16.480 --> 00:21.800] The floods began a month ago with the onset of the monsoon and have ravaged a fifth of [00:21.800 --> 00:24.800] the country. [00:24.800 --> 00:29.360] Viewers following Fox News' coverage of the proposed Islamic Cultural Center two blocks [00:29.360 --> 00:34.800] from ground zero were told repeatedly in the last week the center's major financial backer [00:34.800 --> 00:37.680] build quote radical mosques all over the world. [00:37.680 --> 00:41.960] However the network failed to mention the name of this mysterious financier is none [00:41.960 --> 00:48.400] other than Saudi Prince Al Waleed bin Talal one of the biggest shareholders in News Corp [00:48.400 --> 00:52.160] owners of Fox News. [00:52.160 --> 00:57.920] Baroness Ashton the EU's foreign policy chief Wednesday rebuked Israel over a military court's [00:57.920 --> 01:03.800] conviction of a Palestinian activist prominent in unarmed protest against the West Bank separation [01:03.800 --> 01:04.800] barrier. [01:04.800 --> 01:11.000] Lady Ashton says she was deeply concerned Abdullah Abdul Rama was facing a possible [01:11.000 --> 01:16.120] jail sentence. [01:16.120 --> 01:21.280] In Iraq Wednesday 92 people were killed in a wave of coordinated attacks as insurgents [01:21.280 --> 01:26.160] demonstrated their ability to strike at will tempering US aspirations of bringing the war [01:26.160 --> 01:28.800] in Iraq to a responsible end. [01:28.800 --> 01:34.880] In attacks in 13 towns and cities insurgents engaged in hit and run shootings, buried roadside [01:34.880 --> 01:38.400] mines and detonated more than a dozen car bombs. [01:38.400 --> 01:41.400] The symbolism underscored a recurring theme in Iraq. [01:41.400 --> 01:47.240] US deadlines including the August 31st date to end combat operations have rarely reflected [01:47.240 --> 01:52.440] the tumultuous reality on the ground and have often been accompanied by a wave of insurgent [01:52.440 --> 01:53.440] attacks. [01:53.440 --> 01:59.240] Y.L. Abdel Latif a Jarjan former lawmaker said the message the insurgents want to deliver [01:59.240 --> 02:07.280] to the Iraqi people and politicians is that we exist and we choose the time and place. [02:07.280 --> 02:12.640] Afghan and US officials say the aid to Afghan President Hamid Karzai at the center of a [02:12.640 --> 02:16.840] corruption investigation is being paid by the CIA. [02:16.840 --> 02:23.200] Mohammed Zia Salehi chief of administration for the Afghan National Security Council appears [02:23.200 --> 02:25.680] to have been on the payroll for many years. [02:25.680 --> 02:31.520] The New York Times says it's not clear whether Salehi provides information to the spy agency, [02:31.520 --> 02:35.760] advances US views inside the presidential palace or both. [02:35.760 --> 02:41.640] Salehi's relationship with the CIA underscores deep contradictions at the heart of the Obama [02:41.640 --> 02:47.080] administration's policy in Afghanistan with US officials simultaneously demanding that [02:47.080 --> 02:52.200] Karzai root out the corruption that pervades his government while sometimes subsidizing [02:52.200 --> 02:55.200] the very people suspected of penetrating it. [02:55.200 --> 02:58.960] Salehi was arrested in July and released after Karzai intervened. [02:58.960 --> 03:03.160] This news brief brought to you by the International News Net. [03:03.160 --> 03:11.320] You are listening to the Rule of Law Radio Network at ruleoflawradio.com. [03:11.320 --> 03:22.960] And free speech talk radio at its best. [03:22.960 --> 03:42.440] And free speech talk radio at its best. [03:42.440 --> 03:57.200] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you? [03:57.200 --> 04:02.200] When you were eight and you had bad traits, you'd go to school and learn the golden rule. [04:02.200 --> 04:05.200] So why are you acting like a fluffy fool? [04:05.200 --> 04:14.460] If you get high you might get cool. [04:14.460 --> 04:22.920] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you? [04:22.920 --> 04:24.360] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you? [04:24.360 --> 04:25.720] You took it on that one, you took it on this one. [04:25.720 --> 04:40.680] Alright, bad boys, bad boys, what are you going to do when we come for you? [04:40.680 --> 04:48.640] It's Thursday, August 26th here on the Rule of Law, ruleoflawradio.com. [04:48.640 --> 04:53.800] I'm Deborah Stevens here with Randy Kelton and Eddie Craig. [04:53.800 --> 05:01.120] And tonight we're going to start off by discussing a recent case in the Ninth Circuit Court of [05:01.120 --> 05:02.120] Appeals. [05:02.120 --> 05:04.840] This is a very disturbing ruling. [05:04.840 --> 05:12.840] It has to do with the government being able to slap a GPS tracking device on your car [05:12.840 --> 05:15.320] without a warrant. [05:15.320 --> 05:19.960] Basically the court ruled that unless you're rich enough, that basically only rich people [05:19.960 --> 05:27.880] have the right to privacy and the right of the government not putting tracking devices [05:27.880 --> 05:30.520] on your vehicles. [05:30.520 --> 05:35.480] Unless you can afford to have fencing to totally close off your property with a gate on your [05:35.480 --> 05:41.240] driveway and everything, well then you have no reasonable expectation of privacy, the [05:41.240 --> 05:42.240] court rules. [05:42.240 --> 05:46.400] They say that you don't have any reasonable expectation that the government isn't going [05:46.400 --> 05:51.040] to just wander onto your property and slap a tracking device on your vehicle. [05:51.040 --> 05:56.200] So I guess forget the part about reasonable expectation of no trespassing on your property, [05:56.200 --> 05:59.160] but let me read some of this article. [05:59.160 --> 06:03.080] This case began in, this is from Time Magazine. [06:03.080 --> 06:07.220] I got a link to this article from Infowars. [06:07.220 --> 06:14.160] It says this case began in 2007 when DEA agents decided to monitor Juan Panetta Morino, an [06:14.160 --> 06:20.440] Oregon resident who they suspected was growing marijuana. [06:20.440 --> 06:25.920] They snuck onto his property in the middle of the night and found his Jeep in his driveway [06:25.920 --> 06:28.520] a few feet from his trailer home. [06:28.520 --> 06:33.680] Then they attached a GPS tracking device to the vehicle's underside. [06:33.680 --> 06:40.600] After Panetta Morino challenged the DEA's actions, a three-judge panel of the Ninth [06:40.600 --> 06:44.760] Circuit ruled in January that it was all perfectly legal. [06:44.760 --> 06:49.480] More disturbing, a larger group of judges on the circuit who were subsequently asked [06:49.480 --> 06:53.360] to reconsider the ruling decided this month to let it stand. [06:53.360 --> 06:59.520] Panetta Morino has pleaded guilty conditionally to conspiracy to manufacture marijuana and [06:59.520 --> 07:06.080] manufacturing marijuana while appealing the denial of his motion to suppress evidence [07:06.080 --> 07:08.040] obtained with the help of GPS. [07:08.040 --> 07:15.000] Okay, so obviously people, they're pressuring this poor person into a deal at any rate. [07:15.000 --> 07:16.720] Okay, back to the article. [07:16.720 --> 07:22.200] In fact, the government violated Panetta Morino's privacy rights in two different ways. [07:22.200 --> 07:25.660] For starters, the invasion of his driveway was wrong. [07:25.660 --> 07:29.680] The courts have long held that people have a reasonable expectation of privacy in their [07:29.680 --> 07:37.040] homes and in the curtilage, a fancy legal term for the area around the home. [07:37.040 --> 07:42.320] The government's intrusion on property just a few feet away was clearly in this zone of [07:42.320 --> 07:43.640] privacy. [07:43.640 --> 07:49.320] The judges veered into offensiveness when they explained why Panetta Morino's driveway [07:49.320 --> 07:51.280] was not private. [07:51.280 --> 07:56.320] It was open to strangers, they said, such as delivery people and neighborhood children [07:56.320 --> 07:59.360] who could wander across it uninvited. [07:59.360 --> 08:05.080] Chief Judge Alex Kozinski, who dissented from this month's decision refusing to reconsider [08:05.080 --> 08:12.640] the case, pointed out whose homes are not open to strangers, rich peoples. [08:12.640 --> 08:17.240] The court's ruling, he said, means that people who protect their homes with electric gates, [08:17.240 --> 08:22.800] fences and security booths have a large protected zone of privacy around their homes. [08:22.800 --> 08:26.640] People who cannot afford such barriers have to put up with the government sneaking around [08:26.640 --> 08:30.400] and putting GPS devices on their cars at night. [08:30.400 --> 08:36.600] Judge Kozinski is a leading conservative appointed by President Ronald Reagan, but in his dissent [08:36.600 --> 08:39.560] he came across as a raging liberal. [08:39.560 --> 08:46.760] There's been much talk about diversity on the bench, but there's one kind of diversity [08:46.760 --> 08:50.120] that does not exist, he wrote. [08:50.120 --> 08:56.680] No truly poor people are appointed as federal judges or as state judges for that matter. [08:56.680 --> 09:02.720] The judges in the majority, he charged, were guilty of, quote, cultural elitism. [09:02.720 --> 09:08.000] The court went on to make a second terrible decision about privacy, that once a GPS device [09:08.000 --> 09:13.040] has been planted, the government is free to use it to track people without getting a warrant. [09:13.040 --> 09:17.520] There is a major battle underway in the federal and state courts over this issue and the stakes [09:17.520 --> 09:18.720] are high. [09:18.720 --> 09:23.280] After all, if government agents can track people with secretly planted GPS devices virtually [09:23.280 --> 09:28.920] anytime they want without having to go to a court for a warrant, we are one step closer [09:28.920 --> 09:34.560] to a classic police state with the technology taking on the role of the KGB or the East [09:34.560 --> 09:36.040] German Stasi. [09:36.040 --> 09:41.120] Fortunately, other courts are coming to a different conclusion from the Ninth Circuit, [09:41.120 --> 09:46.080] including the influential U.S. Court of Appeals for the District of Columbia Circuit. [09:46.080 --> 09:52.000] That court ruled also this month that tracking for an extended period of time with GPS is [09:52.000 --> 09:55.480] an invasion of privacy that requires a warrant. [09:55.480 --> 09:58.680] The issue is likely to end up in the Supreme Court. [09:58.680 --> 10:04.240] In these highly partisan times, GPS monitoring is a subject that has both conservatives and [10:04.240 --> 10:05.760] liberals worried. [10:05.760 --> 10:11.440] The U.S. Court of Appeals for the D.C. Circuit's pro-privacy ruling was unanimous, decided [10:11.440 --> 10:16.040] by judges appointed by Presidents Ronald Reagan, George Bush, and Bill Clinton. [10:16.040 --> 10:20.520] Plenty of liberals have objected to this kind of spying, but it is the conservative Chief [10:20.520 --> 10:23.560] Judge Kaczynski who has done so most passionately. [10:23.560 --> 10:28.960] Quote, 1984 may have come a bit later than predicted, but it's here at last, he lamented [10:28.960 --> 10:36.960] in his dissent, and invoking Orwell's totalitarian dystopia where privacy is essentially nonexistent, [10:36.960 --> 10:37.960] he warned. [10:37.960 --> 10:41.360] Someday soon we may wake up and find we're living in Oceania. [10:41.360 --> 10:48.400] Okay, yes, so especially now that they got Kagan all up on the Supreme Court, this could [10:48.400 --> 10:50.960] end up being a real problem. [10:50.960 --> 10:57.160] So unless you can afford now to, I mean, fortunately this isn't a Supreme Court case, but things [10:57.160 --> 11:02.740] are not looking good here, unless you can afford to completely enclose your property [11:02.740 --> 11:09.120] with fences and gates for your vehicles and things like that, well, you're just going [11:09.120 --> 11:10.120] to be out of luck. [11:10.120 --> 11:12.680] And hey, what if you live in an apartment complex? [11:12.680 --> 11:19.880] Well, well, Ben, I guess you're just totally up a river on that one, you know, or what [11:19.880 --> 11:23.720] if you have to park your car on the street, oh, forget it. [11:23.720 --> 11:27.400] So Randy, what are your comments on this? [11:27.400 --> 11:30.320] You said something right before the show I thought was a good idea. [11:30.320 --> 11:34.080] What is your suggestion here? [11:34.080 --> 11:36.080] Randy? [11:36.080 --> 11:43.640] We should put tracking devices on the judge's cars in their parking lots. [11:43.640 --> 11:44.640] Exactly. [11:44.640 --> 11:51.360] And then track them when they go to the local bars and get drunk and act foolish. [11:51.360 --> 11:55.240] Actually I think we'd be better off if we strapped the judge secretly to the bottom [11:55.240 --> 12:01.000] of the car and let him drive around and let him scream and then track him that way. [12:01.000 --> 12:02.280] Indeed. [12:02.280 --> 12:06.160] So those are two pretty decent ideas. [12:06.160 --> 12:09.040] I think I'll go with Randy's idea first. [12:09.040 --> 12:10.040] I don't know. [12:10.040 --> 12:11.040] Mine would end it much quicker. [12:11.040 --> 12:18.840] Well, you know, there is a relatively inexpensive way to fix that. [12:18.840 --> 12:25.200] This expectation of privacy goes to no barrier. [12:25.200 --> 12:30.240] If you drive stakes in the ground and tie a string on those stakes six inches off the [12:30.240 --> 12:37.920] ground, that is a barrier and the police may not pass it unless they have a warrant in [12:37.920 --> 12:38.920] their hand. [12:38.920 --> 12:43.920] And if you stretch the rubber band across your driveway that you can just run over and [12:43.920 --> 12:49.240] push down and come back up, that is a barrier that a reasonable person of ordinary prudence [12:49.240 --> 12:54.840] would consider was intended as a barrier to entry, especially if you have no trespassing [12:54.840 --> 12:55.840] sign. [12:55.840 --> 13:00.440] Well, see, the thing is I'm afraid that that's... [13:00.440 --> 13:04.600] I know the courts have ruled that way in the past, but I'm concerned that that's going [13:04.600 --> 13:10.320] to fall to the wayside because basically the verbiage of the court's opinion on this particular [13:10.320 --> 13:17.360] case had to do with the fact of children being able to wander on the property. [13:17.360 --> 13:23.600] And so if you've got stakes with a string, you know, basically tied around your car, [13:23.600 --> 13:28.160] you could certainly crawl under the string or something like that. [13:28.160 --> 13:34.720] So I mean, it seems to me like the Ninth Circuit is expanding the definition of barrier to [13:34.720 --> 13:39.480] really making it almost physically unfeasible to cross that barrier. [13:39.480 --> 13:43.200] Like you really have to have a fence that's like tall that you would have to climb and [13:43.200 --> 13:44.840] it would be a lot of trouble. [13:44.840 --> 13:51.360] It would sound more like the Ninth Circuit is enabling more bureaucracy and police authority [13:51.360 --> 13:55.560] where none has existed before. [13:55.560 --> 13:59.560] Basically they're not doing away with the barrier, they're just saying it doesn't matter. [13:59.560 --> 14:03.160] Let the government do what they want. [14:03.160 --> 14:05.280] That's what it all boils down to. [14:05.280 --> 14:09.040] Barrier or no barrier, if they're going to say it doesn't matter if he can step over [14:09.040 --> 14:12.680] the string, what's to keep him from saying that he can't climb over the wall and plant [14:12.680 --> 14:14.040] the GPS that way? [14:14.040 --> 14:15.040] Yeah, well... [14:15.040 --> 14:17.840] He could always land with a helicopter. [14:17.840 --> 14:20.480] Yeah, that's right. [14:20.480 --> 14:25.920] He could always zap us with a laser from a satellite. [14:25.920 --> 14:32.360] So anyway you look at it, they're just simply attempting to remove any barrier at all for [14:32.360 --> 14:37.240] the government to have to abide by anything that people have put in front of them as an [14:37.240 --> 14:40.680] obstacle to abuse of power. [14:40.680 --> 14:44.800] The courts are taking it all away just so the government can run rampant. [14:44.800 --> 14:54.160] Well, as the article says, fortunately there are other courts that have not ruled the same [14:54.160 --> 15:00.200] way as the Ninth Circuit, so where do you see this headed, Randy? [15:00.200 --> 15:09.680] I see before too awful long a major backlash against all of this. [15:09.680 --> 15:17.240] Listen to our callers, we used to hear a lot of people talking about people who were asleep [15:17.240 --> 15:18.240] and people who are awake. [15:18.240 --> 15:21.160] When was the last time you heard that? [15:21.160 --> 15:27.240] I mean, nobody talks about that anymore. [15:27.240 --> 15:39.320] Everybody's waking up and everywhere I go, everybody is awake and everybody is unhappy. [15:39.320 --> 15:42.560] So I'm looking for this to begin to change relatively quickly. [15:42.560 --> 15:46.800] Well, I'll tell you, it's really changing a lot right now because of the naked body [15:46.800 --> 15:47.800] scanners in the airports. [15:47.800 --> 15:49.960] They've taken that just one step too far. [15:49.960 --> 15:55.840] And I read another article yesterday about how the US government has purchased hundreds [15:55.840 --> 15:59.520] of roving backscatter machines. [15:59.520 --> 16:06.240] I remember a few months ago we played the video, the advertisement, and now the US government [16:06.240 --> 16:09.960] has bought these things, and I'll tell you what. [16:09.960 --> 16:14.760] If I catch wind of it, I'm going to turn them into the FCC, okay? [16:14.760 --> 16:20.120] On issues like this, the FCC can be your best friend because I've studied the regulatory [16:20.120 --> 16:24.280] scheme of the FCC for the frequencies that these backscatter machines use and the naked [16:24.280 --> 16:27.640] body scanners, all of them, and guess what, folks? [16:27.640 --> 16:31.920] All of the radio frequencies used by the backscatter and naked body scanner machines are highly [16:31.920 --> 16:34.080] regulated by the FCC. [16:34.080 --> 16:40.880] You cannot use equipment that produces that type of frequency outdoors, so that means [16:40.880 --> 16:46.040] any of these roving mobile backscatter machines are illegal on their face, and there also [16:46.040 --> 16:48.040] can't be any windows in sight. [16:48.040 --> 16:54.040] So folks, if you're at the airport and there's a window in view of the backscatter machine, [16:54.040 --> 16:55.920] take a photo and let me know. [16:55.920 --> 16:56.920] We're going to turn them into the FCC. [16:56.920 --> 16:57.920] I've had it. [16:57.920 --> 17:04.920] We'll be right back. [17:27.920 --> 17:34.920] We're going to turn them into the FCC. [17:58.920 --> 18:19.920] We're going to turn them into the FCC. [18:19.920 --> 18:32.920] We're going to turn them into the FCC. [18:32.920 --> 18:47.920] We're going to turn them into the FCC. [18:47.920 --> 19:06.920] We're going to turn them into the FCC. [19:06.920 --> 19:07.920] Okay, we're back. [19:07.920 --> 19:13.920] So yeah, folks, if you're at any of these airports and you see the naked body scanners [19:13.920 --> 19:20.920] and there's a window in view, please take a photograph of the situation and let me know. [19:20.920 --> 19:25.920] We're going to FOIA the information on the frequencies they're using, and then we're [19:25.920 --> 19:27.920] going to turn them into the FCC. [19:27.920 --> 19:33.920] The FCC can be our best friend sometimes because in these situations, the frequencies that [19:33.920 --> 19:42.920] are used in that gamma spectrum are highly, highly controlled by the FCC, highly controlled. [19:42.920 --> 19:47.920] Folks, and it's just strictly illegal. [19:47.920 --> 19:51.920] They can't use it in view of a window, and they cannot use it outdoors. [19:51.920 --> 19:56.920] They cannot use it in mobile roving vans, and it doesn't matter if it's in trust state [19:56.920 --> 20:03.920] because the way the law is written is that the FCC is allowed, is authorized under Title [20:03.920 --> 20:10.920] 47 to regulate radio transmissions that are in trust state if the transmission is a point [20:10.920 --> 20:12.920] to point transmission. [20:12.920 --> 20:19.920] In other words, it has a specific intended point or points of reception like a garage [20:19.920 --> 20:27.920] door opener, like a walkie talkie, like a remote control, like a naked body scanner [20:27.920 --> 20:31.920] where there's the transmitter and the receiver right there in the same place. [20:31.920 --> 20:37.920] Point to point transmissions, the FCC can regulate and license. [20:37.920 --> 20:44.920] Broadcasting of communications to the general public that are interest states, they cannot [20:44.920 --> 20:45.920] regulate and license. [20:45.920 --> 20:47.920] That's the difference. [20:47.920 --> 20:51.920] At any rate, that's what the law says concerning the FCC. [20:51.920 --> 20:57.920] Folks, speaking of the FCC and the situation, I just want to make a quick announcement here. [20:57.920 --> 21:00.920] We are going to be running a PSA pretty soon. [21:00.920 --> 21:05.920] Many of you may have noticed the signal is coming in much stronger and clearer here in [21:05.920 --> 21:07.920] Austin for 90.1. [21:07.920 --> 21:13.920] The folks who are dealing with this have informed me that indeed, the transmitter has been [21:13.920 --> 21:18.920] moved to a better location, so there is a better signal. [21:18.920 --> 21:21.920] But folks, the fight is not over. [21:21.920 --> 21:27.920] I'm just giving paralegal help to the micro. [21:27.920 --> 21:29.920] I don't run the micro. [21:29.920 --> 21:35.920] Folks, please do not try to call me up while I'm screening calls for other shows and try [21:35.920 --> 21:38.920] to get information for me about the micro. [21:38.920 --> 21:41.920] We're going to be putting up a PSA, and I will explain everything. [21:41.920 --> 21:42.920] There's going to be a website also. [21:42.920 --> 21:44.920] Basically, the gist is this. [21:44.920 --> 21:50.920] There is a trust set up now, and the trust is set up to protect the micro and other forms [21:50.920 --> 21:52.920] of media that are related. [21:52.920 --> 22:00.920] The trust is renting tower space from a property owner in West Austin in order to help protect [22:00.920 --> 22:05.920] the property owner so that the property owner isn't left holding the bag when the SEC comes. [22:05.920 --> 22:11.920] It's industry standard that the broadcasters take responsibility for the broadcast, not [22:11.920 --> 22:13.920] the tower owner. [22:13.920 --> 22:18.920] We've got that set up, and the beneficiaries of the trust are you, the listeners. [22:18.920 --> 22:27.920] Folks, anyone who has sent in a letter serving the public interest letter, you guys and gals [22:27.920 --> 22:34.920] are automatically beneficiaries of the trust unless you otherwise do not wish to be. [22:34.920 --> 22:39.920] Basically, let me know if you don't want to be a member of the trust, but I'm not going [22:39.920 --> 22:43.920] to go and ask everyone who already sent a letter because basically you don't have to [22:43.920 --> 22:46.920] ask people's permission to make them a beneficiary of a trust. [22:46.920 --> 22:49.920] People set up trust for their babies. [22:49.920 --> 22:52.920] People set up trust for their dogs and their cats. [22:52.920 --> 22:57.920] You don't have to ask someone's permission if they want to be a beneficiary. [22:57.920 --> 23:00.920] I'm automatically setting up everyone to be a beneficiary. [23:00.920 --> 23:06.920] What the advantages of being a beneficiary are is that you get to have standing to be [23:06.920 --> 23:14.920] a co-plaintiff with the trust in the case, in the situation if the trust decides to file [23:14.920 --> 23:22.920] a lawsuit against the FCC or any other government entity or rogue agent for trying to mess with 90.1. [23:22.920 --> 23:24.920] The beneficiaries will have standing. [23:24.920 --> 23:29.920] The courts have ruled that the general public does not have standing to file lawsuits. [23:29.920 --> 23:36.920] However, if you have a specific connection to the situation and can show specific harm, [23:36.920 --> 23:38.920] then yes, you have standing. [23:38.920 --> 23:46.920] The main benefit is that you get to benefit by receiving all this great information. [23:46.920 --> 23:47.920] That's the main benefit. [23:47.920 --> 23:51.920] If the micro is down, then you don't get the information. [23:51.920 --> 23:54.920] Yes, you've been certainly harmed. [23:54.920 --> 24:01.920] We do need your donations because I expect it's not going to be long before someone from [24:01.920 --> 24:08.920] the Texas Association of Broadcasters is going to try to stir up the FCC again and we'll [24:08.920 --> 24:13.920] have to deal with yet another case. [24:13.920 --> 24:16.920] We're already dealing with three right now. [24:16.920 --> 24:21.920] We've managed to kind of hold them off for now, but I expect that those three cases are [24:21.920 --> 24:24.920] going to proceed and we'll have to deal with them again. [24:24.920 --> 24:29.920] Of course, there will likely be a fourth because now we've moved the transmitter again. [24:29.920 --> 24:34.920] Y'all really don't know how hard Randy and I have been working to keep the micro on the [24:34.920 --> 24:35.920] air. [24:35.920 --> 24:42.920] I've heard some folks say within the last few days telling me, well, what took y'all [24:42.920 --> 24:43.920] so long? [24:43.920 --> 24:44.920] What was the big holdup? [24:44.920 --> 24:49.920] It's like people, you've got to realize we don't know how blessed we are that the micro [24:49.920 --> 24:53.920] was even on the air at all for the last year or that it is even on the air at all right [24:53.920 --> 24:54.920] now. [24:54.920 --> 24:55.920] This is a tremendous battle. [24:55.920 --> 24:58.920] It's a tremendous fight and we need your help. [24:58.920 --> 25:00.920] We need your donations now for the micro. [25:00.920 --> 25:06.920] We've got to start reimbursing the legal fund because guaranteed the battles are going [25:06.920 --> 25:12.920] to continue and potentially even escalate, especially since we've taken things to the [25:12.920 --> 25:13.920] next step. [25:13.920 --> 25:14.920] We've set up the documents. [25:14.920 --> 25:16.920] We've set up the paperwork. [25:16.920 --> 25:22.920] We've set up the trust and the rental agreement and everything is very solid and sound as [25:22.920 --> 25:26.920] far as we can tell from the experts that we have reviewed the documents. [25:26.920 --> 25:29.920] So that's where it's at folks. [25:29.920 --> 25:32.920] We are doing everything we can to fight for this micro. [25:32.920 --> 25:37.920] It's either that, it's either stand on the law because basically the FCC is the one that's [25:37.920 --> 25:39.920] violating Title 47. [25:39.920 --> 25:41.920] The broadcasters are not. [25:41.920 --> 25:48.920] The FCC's rules and regulations overstep the scope of the authority granted to them by [25:48.920 --> 25:55.920] the legislature in Title 47 and so that's where the merits of the argument lie, not [25:55.920 --> 25:59.920] to mention the fact that these rogues don't have an oath of office. [25:59.920 --> 26:00.920] They violated Title 5. [26:00.920 --> 26:04.920] They held ex parte hearings at the administrative level. [26:04.920 --> 26:05.920] It goes on and on and on. [26:05.920 --> 26:10.920] So we're leaving the court a way out to throw out all these cases based on the fact of all [26:10.920 --> 26:12.920] these procedural violations. [26:12.920 --> 26:16.920] But if push comes to shove and we have to fight on the merits, we can do that too, but [26:16.920 --> 26:23.920] this could be a very long and grueling, expensive court battle and we're doing it all for you, [26:23.920 --> 26:24.920] the listeners. [26:24.920 --> 26:27.920] And I got asked the question, well, why don't you guys just do it right? [26:27.920 --> 26:29.920] Well, we are doing it right, okay? [26:29.920 --> 26:31.920] This is the only way to do it. [26:31.920 --> 26:34.920] The broadcasters are not breaking any laws. [26:34.920 --> 26:38.920] It's the FCC that is in violation, not the broadcasters. [26:38.920 --> 26:42.920] And I got asked the question, well, why don't they just apply for a license? [26:42.920 --> 26:47.920] They're not applying for a license because the FCC hasn't given any licenses in over [26:47.920 --> 26:53.920] seven years, not to mention the fact that low-power FM licenses are only given to [26:53.920 --> 27:01.920] registered nonprofit educational entities like a school, okay, like a nonprofit [27:01.920 --> 27:08.920] educational school or like, you know, a college or something, a university, the [27:08.920 --> 27:10.920] Communications Department of University. [27:10.920 --> 27:15.920] You know, the people who are running the micro are pulling Internet streams from [27:15.920 --> 27:17.920] GCN and rule of law radio. [27:17.920 --> 27:20.920] They're not a nonprofit educational entity, all right? [27:20.920 --> 27:25.920] So applying for a license would be worthless even if they could. [27:25.920 --> 27:28.920] Those are the only types of low-power FM licenses that are given. [27:28.920 --> 27:36.920] So the only other option than to fight for it the way we are is to have anywhere [27:36.920 --> 27:43.920] from between $50 and $300 million to buy a radio station. [27:43.920 --> 27:48.920] I don't see us raising $50 to $300 million anytime soon. [27:48.920 --> 27:51.920] So this is the only way to go, folks. [27:51.920 --> 27:55.920] I'm just letting, I just want to let everyone know where it's at, and yes, [27:55.920 --> 27:56.920] everyone's really happy. [27:56.920 --> 28:00.920] The signal's coming in great, but the fight is far from over. [28:00.920 --> 28:01.920] We need your support. [28:01.920 --> 28:02.920] We have been making headway. [28:02.920 --> 28:07.920] Yes, it looks like we have a strong chance of really making it here, but we do [28:07.920 --> 28:12.920] need your help and support, especially financial help right now so that we can [28:12.920 --> 28:17.920] start saving up for the filing fees. [28:17.920 --> 28:22.920] Every time you file a filing fee in the appellate court, it's $450 a pop. [28:22.920 --> 28:25.920] You want to file a lawsuit, $450. [28:25.920 --> 28:28.920] You want to file a lawsuit at the state level, $250. [28:28.920 --> 28:32.920] Then you have to pay for service, and then you have to pay for all the [28:32.920 --> 28:34.920] certified mailings, okay? [28:34.920 --> 28:43.920] The cost of fighting for the micros so far has run us a little over $1,500. [28:43.920 --> 28:49.920] That's how much it's cost just in filing fees and service fees and certified [28:49.920 --> 28:53.920] mailings, et cetera, et cetera, and Randy and I haven't even gotten reimbursed [28:53.920 --> 28:55.920] for our time, all right? [28:55.920 --> 28:59.920] So, folks, we are doing everything to keep the signal on the air, so I just [28:59.920 --> 29:01.920] want to let everyone know where we're at with that. [29:01.920 --> 29:05.920] Randy, you have any comments? [29:05.920 --> 29:15.920] Yeah, when you get the urge to donate to 90.1, don't forget Randy's beer fund. [29:15.920 --> 29:20.920] I thought you were going to say donate to the beer fund instead. [29:20.920 --> 29:21.920] Okay, folks. [29:21.920 --> 29:24.920] A man has to keep his priorities straight. [29:24.920 --> 29:28.920] So if you want to be, folks, if you want to be a beneficiary of the trust, you [29:28.920 --> 29:33.920] can download the Serving the Public Interest, which we need those letters. [29:33.920 --> 29:36.920] If you've already sent a letter, don't send another one because I don't want [29:36.920 --> 29:41.920] to have to sort through and weed out the copies, but if you haven't sent a [29:41.920 --> 29:45.920] letter, please send in a letter and please send us some donations so that we [29:45.920 --> 29:48.920] can start putting things together for the 90.1 legal fund. [29:48.920 --> 29:52.920] It's pretty much been looted up until this point with all the expenses. [29:52.920 --> 29:54.920] So we'll be back on the other side. [29:54.920 --> 30:00.920] This is the rule of law. [30:00.920 --> 30:05.920] It is so enlightening to listen to 90.1 FM, but finding things on the Internet [30:05.920 --> 30:09.920] isn't so easy, and neither is finding like-minded people to share it with. [30:09.920 --> 30:12.920] Oh, well, I guess you haven't heard of Brave New Books, then. [30:12.920 --> 30:13.920] Brave New Books? [30:13.920 --> 30:17.920] Yes, Brave New Books has all the books and DVDs you're looking for by authors [30:17.920 --> 30:20.920] like Alex Jones, Ron Paul, Angie Edward Griffin. [30:20.920 --> 30:24.920] They even stock inner food, Berkey products, and Calvin Soaps. [30:24.920 --> 30:26.920] There's no way a place like that exists. [30:26.920 --> 30:28.920] Go check it out for yourself. [30:28.920 --> 30:32.920] It's downtown at 1904 Guadalupe Street just south of UT. [30:32.920 --> 30:36.920] By UT, there's never anywhere to park down there. [30:36.920 --> 30:40.920] Actually, they now offer a free hour of parking for paying customers at the [30:40.920 --> 30:44.920] 500 MLK parking facility just behind the bookstore. [30:44.920 --> 30:47.920] It does exist, but when are they open? [30:47.920 --> 30:52.920] Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays. [30:52.920 --> 30:57.920] So give them a call at 512-480-2503, or check out their events page [30:57.920 --> 31:01.920] at bravenewbookstore.com. [31:01.920 --> 31:04.920] Are you the plaintiff or defendant in a lawsuit? [31:04.920 --> 31:07.920] Win your case without an attorney with Jurisdictionary, [31:07.920 --> 31:12.920] the affordable, easy-to-understand 4-CD course that will show you how [31:12.920 --> 31:15.920] in 24 hours, step-by-step. [31:15.920 --> 31:19.920] If you have a lawyer, know what your lawyer should be doing. [31:19.920 --> 31:23.920] If you don't have a lawyer, know what you should do for yourself. [31:23.920 --> 31:28.920] Thousands have won with our step-by-step course, and now you can too. [31:28.920 --> 31:32.920] Jurisdictionary was created by a licensed attorney with 22 years [31:32.920 --> 31:34.920] of case-winning experience. [31:34.920 --> 31:38.920] Even if you're not in a lawsuit, you can learn what everyone should [31:38.920 --> 31:43.920] understand about the principles and practices that control our American courts. [31:43.920 --> 31:47.920] You'll receive our audio classroom, video seminar, tutorials, [31:47.920 --> 31:52.920] forms for civil cases, pro se tactics, and much more. [31:52.920 --> 31:56.920] Please visit ruleoflawradio.com and click on the banner, [31:56.920 --> 32:01.920] or call toll-free, 866-LAW-EZ. [32:01.920 --> 32:24.920] Music playing. [32:24.920 --> 32:36.920] Okay, folks, we are back. [32:36.920 --> 32:40.920] Okay, Eddie, you have some stuff for us tonight. [32:40.920 --> 32:41.920] Actually, yes, I do. [32:41.920 --> 32:47.920] I have an update from one of our other listeners that is working on a case, [32:47.920 --> 32:52.920] and he used this seminar information and some interaction with me, [32:52.920 --> 32:55.920] and he had an appearance in court today. [32:55.920 --> 33:01.920] And it seems like he was summoned to court for the sole purpose of entering [33:01.920 --> 33:05.920] a plea and holding a meeting with the prosecution to enter that plea. [33:05.920 --> 33:09.920] Randy, what is the specific section of the Code of Criminal Procedure [33:09.920 --> 33:12.920] that states the list of things for which you can be summoned? [33:12.920 --> 33:15.920] 28.01. [33:15.920 --> 33:16.920] Okay. [33:16.920 --> 33:18.920] Gary, that's what you want to look at. [33:18.920 --> 33:22.920] Yes, meeting with the prosecutor is not one of them. [33:22.920 --> 33:23.920] Okay. [33:23.920 --> 33:25.920] Now, when he did have this meeting with the prosecutor, [33:25.920 --> 33:28.920] the judge managed to hotfoot it out of the courtroom and disappear [33:28.920 --> 33:30.920] for the rest of the day. [33:30.920 --> 33:38.920] Now, Gary had a memorandum of law pending a response from the court, [33:38.920 --> 33:39.920] which the court has yet to give. [33:39.920 --> 33:43.920] In almost a year, the court has yet to give a response to this memorandum [33:43.920 --> 33:46.920] of law after specifically asking for it. [33:46.920 --> 33:53.920] The memorandum dealt with the subject of the requirement of an examining trial. [33:53.920 --> 33:57.920] Gary brought this up to the prosecutor that there was an outstanding memorandum [33:57.920 --> 33:59.920] of law that needed to be answered. [33:59.920 --> 34:02.920] The prosecutor looked at it and said, well, it's not in the folder. [34:02.920 --> 34:06.920] And Gary's like, yeah, I know, so where is it? [34:06.920 --> 34:09.920] But on top of that, he also said there's something else that's missing [34:09.920 --> 34:10.920] from the folder. [34:10.920 --> 34:13.920] And the prosecutor's like, well, what is that? [34:13.920 --> 34:15.920] It's the criminal complaint. [34:15.920 --> 34:19.920] So the prosecutor looks in there and goes, you know what, you're absolutely right. [34:19.920 --> 34:22.920] Now, I bring that up for this purpose. [34:22.920 --> 34:28.920] The prosecutor told Gary that what they basically led Gary down the path, [34:28.920 --> 34:33.920] they wanted him to go by saying, so I'm betting that you want the judge [34:33.920 --> 34:35.920] to answer your memorandum of law. [34:35.920 --> 34:39.920] See, they planted a seed of what course of action they wanted Gary to believe [34:39.920 --> 34:42.920] he should be taking in his mind. [34:42.920 --> 34:46.920] And of course, the normal response would be, yes, I want an answer to my motion [34:46.920 --> 34:48.920] or my memorandum or my petition. [34:48.920 --> 34:53.920] However, one of the things I caution him about, and folks, for you listening out [34:53.920 --> 35:00.920] there, don't ever miss an opportunity to chop the entire thing to a dead stop [35:00.920 --> 35:03.920] right then and there when you have it. [35:03.920 --> 35:08.920] When he was summoned to court to enter a plea and there was no complaint [35:08.920 --> 35:14.920] in the folder, the very first thing that should have happened when the prosecutor [35:14.920 --> 35:20.920] agreed that there was no complaint, immediately leave the room, demand to see [35:20.920 --> 35:25.920] the judge, and demand an immediate dismissal for failure to prosecute and for [35:25.920 --> 35:31.920] lack of subject matter jurisdiction because there is no controversy before the court. [35:31.920 --> 35:34.920] No complaint, no controversy. [35:34.920 --> 35:38.920] Now, there's a little addendum to this here in Texas. [35:38.920 --> 35:43.920] In addition to that complaint, there also must be an information, and there [35:43.920 --> 35:46.920] isn't one of those either. [35:46.920 --> 35:53.920] So in two ways, there is no jurisdiction for this court to proceed on anything. [35:53.920 --> 35:57.920] They can't even really answer Gary's memorandum of law because there's no issue [35:57.920 --> 36:00.920] before the court. [36:00.920 --> 36:05.920] The citation is not, cannot be a complaint. [36:05.920 --> 36:10.920] I don't care what 27.04 of the Code of Criminal Procedure tries to make it, [36:10.920 --> 36:14.920] it can't be one. [36:14.920 --> 36:19.920] The law is very specific about what constitutes a valid complaint, and a [36:19.920 --> 36:25.920] citation that is unsigned or signed without oath and affirmation is not a [36:25.920 --> 36:29.920] valid complaint. [36:29.920 --> 36:30.920] So keep that in mind. [36:30.920 --> 36:32.920] Pay attention to what they're doing. [36:32.920 --> 36:39.920] Pay attention to what they're not doing because it's procedure that will save [36:39.920 --> 36:43.920] you every step of the way if you're paying attention to it. [36:43.920 --> 36:48.920] When they don't do what they're supposed to do, call them on it. [36:48.920 --> 36:50.920] And that's not in any way to admonish Gary. [36:50.920 --> 36:53.920] He did an excellent job based upon the information he gave to me. [36:53.920 --> 36:56.920] That's just one of those things you need to pay attention to. [36:56.920 --> 37:02.920] The prosecution planted the seed of what they wanted you to say you wanted so [37:02.920 --> 37:06.920] that they did not have to dismiss the case. [37:06.920 --> 37:10.920] Had the action been brought forward that, hey, there's no complaint. [37:10.920 --> 37:12.920] There is no controversy. [37:12.920 --> 37:17.920] I want this dismissed right here, right now. [37:17.920 --> 37:19.920] Wait a minute. [37:19.920 --> 37:23.920] The prosecutor was made known that there was no subject matter jurisdiction. [37:23.920 --> 37:30.920] He should get a bar grievance, criminal complaint, and if the guy's up to it, [37:30.920 --> 37:32.920] sue the son of a gun. [37:32.920 --> 37:33.920] Yep, and the judge. [37:33.920 --> 37:34.920] And the judge. [37:34.920 --> 37:40.920] And malicious prosecution against them both and the officer. [37:40.920 --> 37:42.920] That's a cause of action, folks. [37:42.920 --> 37:49.920] The court doesn't not have subject matter jurisdiction only because you raise the [37:49.920 --> 37:50.920] issue. [37:50.920 --> 37:58.920] He doesn't have subject matter jurisdiction whether you raise the issue or not. [37:58.920 --> 37:59.920] Right. [37:59.920 --> 38:01.920] He doesn't have it as a matter of law. [38:01.920 --> 38:02.920] Exactly. [38:02.920 --> 38:08.920] So you don't have to raise it for it to be an issue, at least criminally. [38:08.920 --> 38:12.920] If he doesn't have subject matter jurisdiction, he's impersonating a public [38:12.920 --> 38:13.920] official. [38:13.920 --> 38:14.920] Both of them are. [38:14.920 --> 38:17.920] And in this case, the prosecuting attorney certainly knew it. [38:17.920 --> 38:21.920] And he was bound by Article 2.01 Code of Criminal Procedure. [38:21.920 --> 38:24.920] Now, there's another possible issue here, too, Randy. [38:24.920 --> 38:29.920] And that is that this prosecutor in this case is someone that Gary has also [38:29.920 --> 38:33.920] filed criminal complaints against on a prior occasion, which brings forth a [38:33.920 --> 38:40.920] conflict of interest in the prosecution. [38:40.920 --> 38:47.920] That's interesting whether it actually does or not. [38:47.920 --> 38:50.920] I mean, you might not like him, but I'm trying to think of how that would [38:50.920 --> 38:52.920] disqualify him. [38:52.920 --> 38:59.920] Well, if you've accused him of a criminal act, now, Gary said that he gave it [38:59.920 --> 39:04.920] to the district attorney or, I'm sorry, the county attorney at the time. [39:04.920 --> 39:11.920] And suddenly the entire case disappeared, but that was for other reasons he [39:11.920 --> 39:12.920] may have mentioned. [39:12.920 --> 39:17.920] But in any case, when you file that criminal complaint against that prosecuting [39:17.920 --> 39:23.920] attorney, the reason I say it's a conflict of interest is because they're [39:23.920 --> 39:27.920] compromised in their ability to prosecute at that point. [39:27.920 --> 39:32.920] Anything they do at that point can be construed as above and beyond the call [39:32.920 --> 39:37.920] of duty when it can be shown they haven't ever done that in other prosecutions. [39:37.920 --> 39:41.920] It can be turned into a directed prosecution. [39:41.920 --> 39:45.920] Give the appearance of bias, yeah, but then the prosecutor can have the [39:45.920 --> 39:46.920] appearance of bias. [39:46.920 --> 39:51.920] I'm trying to think of how to get him. [39:51.920 --> 39:58.920] The fact that a complaint has been filed actually does nothing. [39:58.920 --> 40:03.920] Well, would it not stand to reason that if the accusation is that they've [40:03.920 --> 40:07.920] committed a criminal act in the process of their job, they've vacated the [40:07.920 --> 40:11.920] office to begin with, and they're still acting as a public servant? [40:11.920 --> 40:14.920] Here's the problem with that. [40:14.920 --> 40:21.920] If you could disqualify a prosecutor or a judge just by making a criminal [40:21.920 --> 40:28.920] accusation against them, then essentially no judge could sit because you could [40:28.920 --> 40:33.920] just make accusations against them willy-nilly, and because it's a criminal [40:33.920 --> 40:41.920] accusation, nothing can happen to you. [40:41.920 --> 40:43.920] See the problem? [40:43.920 --> 40:48.920] Well, yeah, I see the problem if it's taken that the criminal complaint is [40:48.920 --> 40:50.920] unsubstantiated in any way. [40:50.920 --> 40:57.920] That appears to be what they've done by refusing to pursue prosecution. [40:57.920 --> 41:01.920] That's what I've been arguing, that you can file a criminal complaint and it [41:01.920 --> 41:06.920] doesn't do anything until a magistrate holds an examining trial. [41:06.920 --> 41:08.920] That's when something actually happens. [41:08.920 --> 41:15.920] On the other side of that, just the filing of the criminal complaint [41:15.920 --> 41:17.920] actually does nothing. [41:17.920 --> 41:25.920] Unless we can show, even if we can show criminal actions on part of the [41:25.920 --> 41:31.920] prosecuting attorney for failing to act in accordance with Article 2.03 where [41:31.920 --> 41:35.920] he's required to present a complaint to the grand jury along with the [41:35.920 --> 41:40.920] information, that still doesn't go back to the accused. [41:40.920 --> 41:45.920] Even if you can show that the criminal action occurred during the attempted [41:45.920 --> 41:47.920] prosecution in this given case. [41:47.920 --> 41:53.920] Well, the problem is without a prosecution being commenced, there is no [41:53.920 --> 41:58.920] prosecution, so there's only somebody complaining, one person complaining [41:58.920 --> 42:04.920] about another. [42:04.920 --> 42:08.920] You've got to know I'm on the side that I won't even disqualify it. [42:08.920 --> 42:14.920] I'm just trying to figure out how to do it. [42:14.920 --> 42:18.920] Certainly claim is disqualified. [42:18.920 --> 42:23.920] Well, in a particular case, I would think that where we're dealing with an [42:23.920 --> 42:27.920] attorney or prosecuting attorney that has committed a criminal act to [42:27.920 --> 42:32.920] facilitate a prosecution, such as in this case where they have moved for [42:32.920 --> 42:38.920] prosecution without a valid complaint, that merits the bar grievance, that [42:38.920 --> 42:42.920] merits the judicial conduct complaint against the judge, that merits criminal [42:42.920 --> 42:47.920] charges for impersonating a public servant, abuse of official capacity, [42:47.920 --> 42:51.920] official oppression, official misconduct, and in the case of the police [42:51.920 --> 42:59.920] officer, aggravated perjury and a couple other things. [42:59.920 --> 43:06.920] Yeah, I agree, but I'm trying to get to that prosecuting attorney. [43:06.920 --> 43:09.920] Well, but I mean how can he be a prosecuting attorney if he is [43:09.920 --> 43:12.920] impersonating a public official? [43:12.920 --> 43:15.920] That by definition means you can't be acting as a prosecuting attorney. [43:15.920 --> 43:17.920] He's acting outside of his authority. [43:17.920 --> 43:19.920] But it hasn't been adjudicated yet. [43:19.920 --> 43:23.920] It's just up to this point it's still an accusation. [43:23.920 --> 43:32.920] How do we give it teeth so it'll stand up in court enough to disqualify it? [43:32.920 --> 43:39.920] I'll think about that over the break and see if I can come up with something interesting. [43:39.920 --> 43:41.920] Well, all right. [43:41.920 --> 43:44.920] Hey, folks, this is Rule of Law Radio, Randy Kelton, Deborah Stevens, [43:44.920 --> 43:46.920] Eddie Craig. [43:46.920 --> 44:00.920] We will be right back after this break, so y'all please hang in there. 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[44:36.920 --> 44:43.920] Visit us at HempUSA.org or call 908-691-2608. [44:43.920 --> 44:49.920] That's 908-691-2608 and see if you'll change your mind about drinking coffee [44:49.920 --> 44:50.920] again. [44:50.920 --> 44:55.920] Taste the difference, feel the difference at HempUSA.org today. [44:55.920 --> 45:08.920] Music [45:08.920 --> 45:14.920] If you did not have any problems, where are you going to look for one? [45:14.920 --> 45:20.920] If you could not reach any battle too long, what's your purpose as you die? [45:20.920 --> 45:26.920] Such a gentleman, a soldier, a warrior of love, scouple and they keep the peace. [45:26.920 --> 45:29.920] All they're taking is a misunderstanding. [45:29.920 --> 45:31.920] Somebody calls the police. [45:31.920 --> 45:55.920] What's in a spot's black? [45:55.920 --> 46:08.920] Music [46:08.920 --> 46:11.920] All right, folks, we are back, Rule of Law Radio. [46:11.920 --> 46:18.920] The listeners out there, if you want to call in, 512-646-1984 is the call-in number. [46:18.920 --> 46:20.920] Anthony, we do see you on the caller board. [46:20.920 --> 46:23.920] If you'll hang on for just a few minutes, we'll be with you. [46:23.920 --> 46:29.920] There is another issue that I would like to bring up as well, dealing with some of the cases that were run through down there today [46:29.920 --> 46:35.920] and one that I was asked about specifically, dealing with public intoxication charges. [46:35.920 --> 46:42.920] Now, for those of you who don't know, Texas Penal Code, Section 49.02 deals with public intoxication. [46:42.920 --> 46:44.920] The charge here is very specific. [46:44.920 --> 46:47.920] It's a very short section, so I'm going to read it to you. [46:47.920 --> 46:55.920] Subsection A, a person commits an offense if the person appears in a public place while intoxicated to the degree [46:55.920 --> 46:59.920] that the person may endanger the person or another. [46:59.920 --> 47:06.920] So right there, that's a criteria that they have the burden of proof to meet that you were so intoxicated [47:06.920 --> 47:13.920] that you presented a danger to yourself or others, not just that you were intoxicated, [47:13.920 --> 47:19.920] but that the fact that you were so intoxicated that you were dangerous to yourself or somebody else. [47:19.920 --> 47:30.920] A-1, for the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. [47:30.920 --> 47:34.920] Now, there's a couple of possible ways to interpret that specific section. [47:34.920 --> 47:43.920] Since the law is limited to what the law says, I interpret that to mean that this public intoxication statute [47:43.920 --> 47:48.920] applies to those places licensed by the Texas Alcoholic Beverage Code. [47:48.920 --> 47:51.920] It doesn't talk about anything else. [47:51.920 --> 47:54.920] That's what it specifically says is a public place. [47:54.920 --> 48:02.920] Subsection B, it is a defense to prosecution under this section that the alcohol or other substance [48:02.920 --> 48:05.920] was administered for therapeutic purposes. [48:05.920 --> 48:09.920] Well, I'm pretty sure anyone can argue that. [48:09.920 --> 48:14.920] And as a part of the person's professional medical treatment by a licensed physician. [48:14.920 --> 48:18.920] So go get a note from your doctor to go drink it every Friday night. [48:18.920 --> 48:25.920] Subsection C, except as provided by Subsection E, an offense under this section is a Class C misdemeanor. [48:25.920 --> 48:32.920] D, an offense under this section is not a lesser included offense under Section 49.04. [48:32.920 --> 48:36.920] And E, an offense under this section committed by a person younger than 21 years of age, [48:36.920 --> 48:42.920] it is punishable in the same manner as if the minor committed an offense to which Section 106.071 [48:42.920 --> 48:45.920] Alcoholic Beverage Code applies. [48:45.920 --> 48:55.920] Now basically speaking, the only way they can legally lawfully charge you with public intoxication is to prove two things. [48:55.920 --> 48:57.920] You were intoxicated, or three things. [48:57.920 --> 49:03.920] You were intoxicated, you were in a public place as defined by this statute, [49:03.920 --> 49:08.920] and that you were an immediate danger to yourself or others. [49:08.920 --> 49:14.920] If they can't prove those three things or all of those three things, [49:14.920 --> 49:17.920] they don't have a valid charge. [49:17.920 --> 49:19.920] Now here's the thing. [49:19.920 --> 49:27.920] The police officer will 99% of the time arrest you when he charges you with public intoxication. [49:27.920 --> 49:33.920] He has made no offer of proof, and they never ever introduce proof in the court cases. [49:33.920 --> 49:42.920] I guarantee you 99.9% of them, they never make an offer of proof that the individual accused was a danger to anybody. [49:42.920 --> 49:47.920] They just simply say, he was drinking, he was stumbling, he was in a public place over here on this parking lot, [49:47.920 --> 49:53.920] we arrested him, charged him with public intoxication. [49:53.920 --> 49:59.920] Stumbling does not mean that you're a danger to yourself or someone else. [49:59.920 --> 50:04.920] If it did, every football player in the NFL that tripped over his own feet and fell down instead of getting tackled [50:04.920 --> 50:10.920] would be arrested for public intoxication and reckless endangerment. [50:10.920 --> 50:13.920] Don't let them get away with this, folks. [50:13.920 --> 50:21.920] This is just another way to get you under their thumb, to get money out of your pocket, and to illegally throw you in jail. [50:21.920 --> 50:29.920] Sue the cop, sue the department, sue the city they work for. [50:29.920 --> 50:35.920] Malicious prosecution, false imprisonment, aggravated assault, aggravated perjury, [50:35.920 --> 50:42.920] because the moment that police officer signed that ticket, submitted that to the court, [50:42.920 --> 50:51.920] and then signed a complaint under oath that you did these things, knowing full well he's got no proof you did these things, [50:51.920 --> 50:54.920] he's done it with the intent of causing you harm. [50:54.920 --> 51:00.920] That harm is financial, not necessarily physical, but he's done it with the intention of causing you harm. [51:00.920 --> 51:03.920] That makes it aggravated perjury. [51:03.920 --> 51:08.920] Now, Randy, I've got something else to throw at you here, and tell me what you think about it. [51:08.920 --> 51:14.920] Notice that every single criminal complaint in Texas ends, other than the signature block, [51:14.920 --> 51:19.920] ends with the following statement, against the peace and dignity of the state. [51:19.920 --> 51:21.920] Am I correct? [51:21.920 --> 51:22.920] Yes, you are correct. [51:22.920 --> 51:24.920] Okay. [51:24.920 --> 51:28.920] Nowhere in this offense are you charged with a breach of the peace. [51:28.920 --> 51:35.920] So, exactly what act did you commit that was against the peace of the state? [51:35.920 --> 51:44.920] Well, that doesn't necessarily require that every accusation claim a breach of the peace. [51:44.920 --> 51:48.920] Breach of the peace is a term of art. [51:48.920 --> 51:50.920] I know it's not according to law. [51:50.920 --> 51:54.920] According to the courts, a breach of the peace is something very specific. [51:54.920 --> 51:58.920] That's what I mean. [51:58.920 --> 51:59.920] That's what I mean. [51:59.920 --> 52:01.920] Breach of the peace is a term of art. [52:01.920 --> 52:09.920] It has a special meaning defined by the statute as these certain acts. [52:09.920 --> 52:17.920] When they're using the term in the criminal complaint against the peace and dignity, [52:17.920 --> 52:28.920] you can't take peace out of that sentence and put it into the prepositional phrase that's defined in the statute. [52:28.920 --> 52:37.920] The thing is, there is nothing in the statute that connotes it as a breach of the peace. [52:37.920 --> 52:40.920] It doesn't have to. [52:40.920 --> 52:41.920] Sure it does. [52:41.920 --> 52:42.920] That's the point. [52:42.920 --> 52:47.920] Every crime in Texas doesn't have to be a breach of the peace. [52:47.920 --> 52:52.920] For it to be arrestable without a warrant, it does. [52:52.920 --> 52:54.920] No, it doesn't. [52:54.920 --> 52:55.920] Yes, it does. [52:55.920 --> 53:02.920] You're taking one word out of a phrase and using that word to represent the whole phrase. [53:02.920 --> 53:08.920] How do you go against the peace in any other way, shape, or form? [53:08.920 --> 53:12.920] You violated a criminal statute. [53:12.920 --> 53:18.920] How is that breaching the peace? [53:18.920 --> 53:22.920] You're not necessarily breaching the peace just because you violated a criminal statute. [53:22.920 --> 53:23.920] That's the problem. [53:23.920 --> 53:25.920] It doesn't say breaching the peace. [53:25.920 --> 53:27.920] What does it say, Eddie? [53:27.920 --> 53:30.920] Against the peace and dignity of the state. [53:30.920 --> 53:36.920] How can you go against the peace and dignity in any way other than the commission of a felony or a breach of the peace? [53:36.920 --> 53:38.920] That's my question. [53:38.920 --> 53:40.920] How can you go against the peace? [53:40.920 --> 53:44.920] You can do it by the commission of a Class A misdemeanor or a Class B misdemeanor. [53:44.920 --> 53:48.920] Yes, but we're not talking to Class A or B. We're talking to Class C. [53:48.920 --> 53:54.920] You ask a general question and you're mixing up things. [53:54.920 --> 54:00.920] You can't ask me a general question and then say I didn't answer a very specifically finely honed, [54:00.920 --> 54:04.920] directed question toward one particular statute. [54:04.920 --> 54:11.920] Even a Class A or B, Randy, that's not judged as a breach of the peace is not arrestable without a warrant. [54:11.920 --> 54:12.920] Yes, it is. [54:12.920 --> 54:14.920] Not according to the case law. [54:14.920 --> 54:15.920] It's not. [54:15.920 --> 54:21.920] Now, they've tried to write 1401B so that they can arrest for anything, [54:21.920 --> 54:30.920] but the argument I've made against that in the legal documents that I've got is 1401B is absolutely unconstitutional on its face [54:30.920 --> 54:36.920] because 1401A specifically says that the officer can arrest for an offense committed in his view [54:36.920 --> 54:39.920] if it was for a felony or a breach of the peace. [54:39.920 --> 54:43.920] No, that's not what it's, you need to go back and reread the statute. [54:43.920 --> 54:44.920] I have read the statute. [54:44.920 --> 54:52.920] He can only arrest for a misdemeanor if it occurs in his sight or in his presence. [54:52.920 --> 55:02.920] He can arrest for a felony that doesn't occur in his sight or presence if there is the danger of the accused escaping custody. [55:02.920 --> 55:09.920] This is what it reads verbatim, subsection A, a peace officer or any other person may, [55:09.920 --> 55:16.920] without a warrant, arrest an offender when the offense is committed in his presence or within his view [55:16.920 --> 55:22.920] if the offense is one classed as a felony or as an offense against the public peace. [55:22.920 --> 55:26.920] Now, B was added later. [55:26.920 --> 55:34.920] B says a peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view. [55:34.920 --> 55:38.920] So they now have two conflicting sections of statute. [55:38.920 --> 55:42.920] One sets a limit and the other tries to make it unlimited. [55:42.920 --> 55:50.920] Okay, I understand that but we're having a different argument and you're arguing that this statute is not constitutional [55:50.920 --> 55:55.920] but it is still a statute and it hasn't been ruled unconstitutional. [55:55.920 --> 56:03.920] So we can't treat it as if it doesn't have force and effect just because we disagree with it. [56:03.920 --> 56:08.920] And I certainly don't want to tell people that this is the case. [56:08.920 --> 56:11.920] Yeah, I'm not trying to argue treating it without force and effect. [56:11.920 --> 56:13.920] I'm arguing challenging it on those grounds. [56:13.920 --> 56:16.920] I understand that but that was a different argument. [56:16.920 --> 56:26.920] We're talking about against the peace and dignity as opposed to breach of the peace where the term peace is used. [56:26.920 --> 56:32.920] You still haven't told me how you can go against the peace without breaching the peace. [56:32.920 --> 56:37.920] How do you go against it and it not be a breach? [56:37.920 --> 56:41.920] Now wait, you're the one that goes to definitions. [56:41.920 --> 56:54.920] You're trying to juxtapose the common Webster definition of peace with the definition used in the statute. [56:54.920 --> 56:57.920] There is no definition in the statute for breach of the peace. [56:57.920 --> 56:58.920] That's part of the problem. [56:58.920 --> 57:02.920] A breach of the peace is defined by the statute. [57:02.920 --> 57:03.920] No, it's not. [57:03.920 --> 57:06.920] A breach of the peace is. [57:06.920 --> 57:08.920] How do you get there? [57:08.920 --> 57:09.920] Read the statute. [57:09.920 --> 57:11.920] It says if you do this thing. [57:11.920 --> 57:13.920] The statute says breach of the peace. [57:13.920 --> 57:16.920] It does not say breach of the peace and the courts have said over and over again. [57:16.920 --> 57:19.920] What is the name of the offense? [57:19.920 --> 57:21.920] The name of the offense is breach of the peace. [57:21.920 --> 57:23.920] Public intoxication. [57:23.920 --> 57:24.920] No, it isn't. [57:24.920 --> 57:30.920] The courts have said time and time again that not every misdemeanor is a breach of the peace. [57:30.920 --> 57:32.920] Now wait, now you're shifting again. [57:32.920 --> 57:34.920] No, I'm not. [57:34.920 --> 57:39.920] You're saying the statute itself just by its creation. [57:39.920 --> 57:42.920] Jim, we're talking different statutes here. [57:42.920 --> 57:43.920] I'm not talking. [57:43.920 --> 57:45.920] What do you mean we're talking different statutes? [57:45.920 --> 57:53.920] You're claiming that everything has to be a breach of the peace in order to be arrestable. [57:53.920 --> 57:56.920] Without a warrant. [57:56.920 --> 57:58.920] That's what the case law says. [57:58.920 --> 58:03.920] It's not what the statute says and it's not what the case law says. [58:03.920 --> 58:05.920] It's what you're arguing it should be. [58:05.920 --> 58:08.920] No, I've got tons of case law that says exactly that. [58:08.920 --> 58:11.920] But anyway, we'll cover that in just a minute. [58:11.920 --> 58:15.920] All right, and we do have three callers on the line who have been waiting for a very long time. [58:15.920 --> 58:18.920] Anthony, Brian, and Gary. [58:18.920 --> 58:20.920] Okay. [58:20.920 --> 58:23.920] Okay, folks, we're at the top of the hour. [58:23.920 --> 58:26.920] We've got INN World Report, top of the hour news coming right up. [58:26.920 --> 58:29.920] Anthony, Brian, and Gary, y'all just hold on. [58:29.920 --> 58:31.920] We will be right back. [58:31.920 --> 58:33.920] We'll be right back. [59:01.920 --> 59:03.920] We'll be right back. [59:31.920 --> 59:58.920] Thank you. [59:58.920 --> 01:00:03.920] This news brief brought to you by the International News Net. [01:00:03.920 --> 01:00:07.920] U.S. Overseas Aid Chief Rajiv Shah raised eyebrows Wednesday [01:00:07.920 --> 01:00:12.920] by visiting a relief camp in Pakistan run by Fallah-e-Insanyat, [01:00:12.920 --> 01:00:17.920] the humanitarian arm of the banned terrorist organization Jamaat-ud-Dawah. [01:00:17.920 --> 01:00:21.920] JUD described Shah's visit as an endorsement of its relief efforts. [01:00:21.920 --> 01:00:26.920] U.S. Embassy said the camp was being served by the World Food Program and Save the Children, [01:00:26.920 --> 01:00:28.920] a large banner reading, [01:00:28.920 --> 01:00:34.920] Relief Camp Fallah-e-Insanyat Foundation hung over the camp's entrance. [01:00:34.920 --> 01:00:38.920] Human Rights Watch said Wednesday undocumented immigrants in the U.S. [01:00:38.920 --> 01:00:42.920] run the risk of suffering sexual abuse when they are in detention centers. [01:00:42.920 --> 01:00:44.920] The document refers to, quote, [01:00:44.920 --> 01:00:48.920] a series of assaults, abuses, and episodes of harassment [01:00:48.920 --> 01:00:52.920] that have emerged across the national immigration detention system. [01:00:52.920 --> 01:01:00.920] For one example, a woman was raped in her cell by a guard as her infant slept beside her. [01:01:00.920 --> 01:01:05.920] One million South African civil servants marched across the country Thursday over wages. [01:01:05.920 --> 01:01:08.920] The unions have set a deadline of September 2nd [01:01:08.920 --> 01:01:12.920] for the government to provide an 8.6 percent rise in salaries [01:01:12.920 --> 01:01:15.920] and a $138 monthly housing allowance. [01:01:15.920 --> 01:01:19.920] This news brief brought to you by the International News Net. [01:01:19.920 --> 01:01:24.920] In one of the most serious war crime cases to emerge from the Afghanistan War, [01:01:24.920 --> 01:01:28.920] five U.S. soldiers are charged with murder for their alleged roles [01:01:28.920 --> 01:01:31.920] in the random killings of three Afghan civilians. [01:01:31.920 --> 01:01:34.920] According to statements made by fellow platoon members, [01:01:34.920 --> 01:01:39.920] Army Staff Sergeant Calvin Gibbs began joking last December [01:01:39.920 --> 01:01:44.920] about how easy it would be to toss a grenade at Afghan civilians and kill them. [01:01:44.920 --> 01:01:48.920] In two of the incidents, grenades were thrown at the victims and they were shot. [01:01:48.920 --> 01:01:50.920] The third victim was also shot. [01:01:50.920 --> 01:01:54.920] The soldiers allegedly killed the three Afghans while on patrol, [01:01:54.920 --> 01:01:58.920] and anyone who dared to report the events was threatened with violence. [01:01:58.920 --> 01:02:01.920] All five soldiers are awaiting court martial. [01:02:01.920 --> 01:02:04.920] If convicted, they face life imprisonment or death. [01:02:04.920 --> 01:02:09.920] Gibbs and Specialist Jeremy Moorlach are charged in all three of the killings. [01:02:09.920 --> 01:02:16.920] Moorlach has given numerous details about his involvement and has implicated others. [01:02:16.920 --> 01:02:21.920] Wednesday's decision by the Norwegian Oil Foundation to sell its stake in two Israeli companies [01:02:21.920 --> 01:02:26.920] claiming they are involved in illegal construction in the occupied Palestinian territories [01:02:26.920 --> 01:02:30.920] is the latest in a long line of European governments and corporations [01:02:30.920 --> 01:02:32.920] that have boycotted Israeli companies. [01:02:32.920 --> 01:02:37.920] In most cases it is because products were manufactured in the occupied territories. [01:02:37.920 --> 01:02:41.920] Sometimes it has been to protest Israel's policy against Palestinians [01:02:41.920 --> 01:02:46.920] as in its violent response to last May's Gaza flotilla. [01:02:46.920 --> 01:02:50.920] In the past few months, boycotts of Israeli brands have markedly increased, [01:02:50.920 --> 01:02:53.920] Avi Ben Zvi, owner of the Plasko company said. [01:02:53.920 --> 01:02:57.920] Since the Palestinians declared a boycott on territories' products, [01:02:57.920 --> 01:03:11.920] they have had a 40% drop in production. [01:04:27.920 --> 01:04:32.920] In the past few months, boycotts of Israeli brands have markedly increased, [01:04:32.920 --> 01:04:36.920] Avi Ben Zvi, owner of the Plasko company said. [01:04:36.920 --> 01:04:41.920] Since the Palestinians declared a boycott on territories' products, [01:04:41.920 --> 01:04:45.920] they have had a 40% drop in production. [01:04:45.920 --> 01:04:50.920] Since the Palestinians declared a boycott on territories' products, [01:04:50.920 --> 01:04:54.920] they have had a 40% drop in production. [01:04:54.920 --> 01:05:13.920] Okay folks, we are back. [01:05:13.920 --> 01:05:16.920] And before we go back to Eddie and the callers, [01:05:16.920 --> 01:05:21.920] just another breaking piece of information on the FCC. [01:05:21.920 --> 01:05:26.920] I got an email from one of our affiliates in St. Louis saying, [01:05:26.920 --> 01:05:31.920] with a link to brand new code rules and regulations in the FCC [01:05:31.920 --> 01:05:34.920] under good old Part 15, as we are familiar with, [01:05:34.920 --> 01:05:37.920] and it was added as of August 24th, [01:05:37.920 --> 01:05:42.920] where they are making special provisions for these naked body scanners, [01:05:42.920 --> 01:05:47.920] i.e. they call them through-D-wall imaging systems. [01:05:47.920 --> 01:05:53.920] However, it looks like the FCC has just handed us even more ammunition [01:05:53.920 --> 01:05:58.920] against these evil machines because it says right here at the beginning, [01:05:58.920 --> 01:06:02.920] operation under the provisions of this section is limited [01:06:02.920 --> 01:06:07.920] to through-wall imaging systems operated by law enforcement, [01:06:07.920 --> 01:06:11.920] emergency rescue, or firefighting organizations [01:06:11.920 --> 01:06:16.920] that are under the authority of a local or state government. [01:06:16.920 --> 01:06:18.920] Slam dunk. [01:06:18.920 --> 01:06:21.920] TSA is a federal agency. [01:06:21.920 --> 01:06:24.920] It's not under the authority of a local or state government. [01:06:24.920 --> 01:06:30.920] And besides, TSA is not law enforcement anyway. [01:06:30.920 --> 01:06:36.920] So automatically, right off the bat, as of August 24th, 2010, [01:06:36.920 --> 01:06:42.920] any TSA agent that operates these naked body scanners [01:06:42.920 --> 01:06:46.920] are automatically in violation of FCC regulations. [01:06:46.920 --> 01:06:47.920] Period. [01:06:47.920 --> 01:06:48.920] Straight up. [01:06:48.920 --> 01:06:50.920] End of story. [01:06:50.920 --> 01:06:51.920] It's a goldmine. [01:06:51.920 --> 01:06:54.920] Thank you, Carl, from KDX Radio for sending that. [01:06:54.920 --> 01:06:57.920] So now we have even more ammo against them. [01:06:57.920 --> 01:06:58.920] All right. [01:06:58.920 --> 01:07:01.920] And also, I do not see any... [01:07:01.920 --> 01:07:03.920] I briefly read over this new code. [01:07:03.920 --> 01:07:09.920] It's FCC Part 15.510, so y'all can go look that up. [01:07:09.920 --> 01:07:16.920] I don't see any exceptions or exemptions for the windows rule. [01:07:16.920 --> 01:07:19.920] According to the existing FCC regulations, [01:07:19.920 --> 01:07:23.920] those frequencies cannot be operated within view of any window, [01:07:23.920 --> 01:07:26.920] and also they cannot be operated outdoors. [01:07:26.920 --> 01:07:31.920] I do not see any exemption in this new section of regulations [01:07:31.920 --> 01:07:36.920] that exempts the use of these frequencies from strictly being indoors. [01:07:36.920 --> 01:07:39.920] So as far as I can tell, they still can't use them inside of a window. [01:07:39.920 --> 01:07:41.920] They still can't use it outside. [01:07:41.920 --> 01:07:46.920] And now even further, slam dunk can only be operated by law enforcement, [01:07:46.920 --> 01:07:51.920] emergency or rescue organizations under the authority of a local or state government. [01:07:51.920 --> 01:07:56.920] TSA does not fall within those definitions. [01:07:56.920 --> 01:08:01.920] So, okay, we're on the scene to take down the naked body scanners. [01:08:01.920 --> 01:08:03.920] Okay, we've got callers stacking up, [01:08:03.920 --> 01:08:07.920] and Eddie, you wanted to make a point first before we start taking calls? [01:08:07.920 --> 01:08:09.920] Yeah, just one real quick thing. [01:08:09.920 --> 01:08:12.920] And just folks, so you don't think I was just trying to bait Randy into an argument. [01:08:12.920 --> 01:08:15.920] This is the reason I brought up the issue. [01:08:15.920 --> 01:08:19.920] If you look in Black's Law 6 edition on page 62, it tells you, [01:08:19.920 --> 01:08:26.920] against the peace, a technical phrase used in alleging a breach of the peace. [01:08:26.920 --> 01:08:29.920] So the reason I brought it up was that on these criminal complaints [01:08:29.920 --> 01:08:32.920] where they are alleging a breach of the peace, [01:08:32.920 --> 01:08:36.920] where the statute itself does in no way, shape or form [01:08:36.920 --> 01:08:40.920] give any of the elements constituting a breach of the peace, [01:08:40.920 --> 01:08:44.920] that in and of itself would appear to be an aggravated perjury statement [01:08:44.920 --> 01:08:47.920] on the criminal complaint, which, Randy, [01:08:47.920 --> 01:08:50.920] the reason for my argument being, which we can discuss later, [01:08:50.920 --> 01:08:57.920] was that that would seem to remove it from the availability of being a crime in the first place. [01:08:57.920 --> 01:09:03.920] If it can't be against a breach of the peace or some other felonious act, [01:09:03.920 --> 01:09:07.920] then a criminal complaint would not suffice if it includes that statement, [01:09:07.920 --> 01:09:13.920] because it's insinuating or stating a breach of the peace occurred in this instance, [01:09:13.920 --> 01:09:18.920] when in fact the elements of it do not exist in the statute. [01:09:18.920 --> 01:09:24.920] That's really going to create a big problem because it will implicate every criminal complaint [01:09:24.920 --> 01:09:31.920] because the state requires that the wording of the complaint be against the peace and dignity of the state. [01:09:31.920 --> 01:09:32.920] That's right. [01:09:32.920 --> 01:09:37.920] So that means everything has to be trashed. [01:09:37.920 --> 01:09:39.920] Well, not everything. [01:09:39.920 --> 01:09:43.920] Malom Insay crimes would still fall within the proper range of that, [01:09:43.920 --> 01:09:47.920] because they're an offense against the person or property that would constitute a breach of the peace [01:09:47.920 --> 01:09:54.920] because they involve an overt act of violence or to incite violence or destruction of property. [01:09:54.920 --> 01:10:02.920] But a Malom prohibitum would have to be trashed because there is no overt act. [01:10:02.920 --> 01:10:05.920] That's exactly the point. [01:10:05.920 --> 01:10:08.920] Now, that is an interesting argument. [01:10:08.920 --> 01:10:10.920] I love it. [01:10:10.920 --> 01:10:14.920] Okay, folks, did you guys kiss and make up or whatever? [01:10:14.920 --> 01:10:18.920] Can we go into the callers now? [01:10:18.920 --> 01:10:21.920] No, it wasn't that. [01:10:21.920 --> 01:10:24.920] I couldn't keep track of where we were at. [01:10:24.920 --> 01:10:25.920] Okay. [01:10:25.920 --> 01:10:30.920] It's like we were jumping from one place to another, and I was trying to get back to one place, [01:10:30.920 --> 01:10:33.920] and I didn't understand where he was going. [01:10:33.920 --> 01:10:35.920] I needed more preparation, I guess. [01:10:35.920 --> 01:10:36.920] Okay. [01:10:36.920 --> 01:10:38.920] So we can go to the calls now, right? [01:10:38.920 --> 01:10:39.920] Yes. [01:10:38.920 --> 01:10:39.920] Okay. [01:10:39.920 --> 01:10:42.920] And very good points, Eddie, by the way. [01:10:42.920 --> 01:10:44.920] And it certainly seems like this is the way it should be. [01:10:44.920 --> 01:10:45.920] Okay. [01:10:45.920 --> 01:10:46.920] We're going to Anthony in Texas. [01:10:46.920 --> 01:10:48.920] Anthony, thanks for calling in. [01:10:48.920 --> 01:10:49.920] Thanks for holding. [01:10:49.920 --> 01:10:50.920] What is on your mind tonight? [01:10:50.920 --> 01:10:51.920] Yes. [01:10:51.920 --> 01:10:55.920] You know how it's on the court on the 20th? [01:10:55.920 --> 01:10:56.920] Okay. [01:10:56.920 --> 01:10:57.920] Now, wait. [01:10:57.920 --> 01:11:00.920] Remind us of your situation again, just briefly. [01:11:00.920 --> 01:11:01.920] Okay. [01:11:01.920 --> 01:11:03.920] Does this have to do with the garage? [01:11:03.920 --> 01:11:04.920] Yes, ma'am. [01:11:04.920 --> 01:11:05.920] Okay. [01:11:05.920 --> 01:11:06.920] Okay. [01:11:06.920 --> 01:11:08.920] Just a quick review or what? [01:11:08.920 --> 01:11:13.920] Yeah, just give us a very quick review of what happened that night, and then tell us about the court date. [01:11:13.920 --> 01:11:14.920] Tell us what you found. [01:11:14.920 --> 01:11:19.920] You said there was no file, and I think the last time you called in, we told you to go get the file, [01:11:19.920 --> 01:11:22.920] and you went, and there was no file in the court record, [01:11:22.920 --> 01:11:26.920] and they told you to go to the prosecutor's office or something for the file. [01:11:26.920 --> 01:11:28.920] That was the last we'd heard. [01:11:28.920 --> 01:11:29.920] Yes. [01:11:29.920 --> 01:11:34.920] Well, they still haven't had my file, and I think they rescheduled my court date, [01:11:34.920 --> 01:11:40.920] and I think it's because they still don't have my file or anything in my file. [01:11:40.920 --> 01:11:41.920] Okay. [01:11:41.920 --> 01:11:44.920] Did you go to the office that they sent you to last time? [01:11:44.920 --> 01:11:46.920] Was it the prosecutor's office? [01:11:46.920 --> 01:11:53.920] It was the court attorney. [01:11:53.920 --> 01:11:55.920] That's what it was. [01:11:55.920 --> 01:11:56.920] Okay. [01:11:56.920 --> 01:11:59.920] Let me walk you through a little bit of due process. [01:11:59.920 --> 01:12:01.920] Okay. [01:12:01.920 --> 01:12:05.920] First, Randy, before you do that, who is the court attorney? [01:12:05.920 --> 01:12:07.920] I've never heard of such a thing. [01:12:07.920 --> 01:12:09.920] Is this the prosecutor? [01:12:09.920 --> 01:12:10.920] Well, no. [01:12:10.920 --> 01:12:13.920] Well, her title is the executive legal secretary. [01:12:13.920 --> 01:12:19.920] So the executive legal secretary of the court is who holds your file right now? [01:12:19.920 --> 01:12:20.920] Well, no. [01:12:20.920 --> 01:12:23.920] She said the investigator still has it. [01:12:23.920 --> 01:12:25.920] That who still has it, the prosecutor? [01:12:25.920 --> 01:12:26.920] No, the investigator. [01:12:26.920 --> 01:12:27.920] The investigator. [01:12:27.920 --> 01:12:28.920] Okay. [01:12:28.920 --> 01:12:29.920] That's what I wanted to make clear. [01:12:29.920 --> 01:12:30.920] Okay. [01:12:30.920 --> 01:12:33.920] I just wanted to clarify where his file was. [01:12:33.920 --> 01:12:36.920] Here's a little romp through due process. [01:12:36.920 --> 01:12:47.920] If you were arrested and brought before a judicial officer and released on bail, [01:12:47.920 --> 01:12:50.920] there had to be an examining trial. [01:12:50.920 --> 01:12:52.920] No, I did not have an examining trial. [01:12:52.920 --> 01:12:53.920] Okay, wait, wait. [01:12:53.920 --> 01:12:54.920] Let me finish. [01:12:54.920 --> 01:12:55.920] Okay. [01:12:55.920 --> 01:12:57.920] There had to be. [01:12:57.920 --> 01:13:00.920] So there was one. [01:13:00.920 --> 01:13:04.920] Otherwise, the magistrate couldn't set bail because 17.05 Code of Criminal [01:13:04.920 --> 01:13:14.920] Procedure says bail is taken by a magistrate after an examining trial. [01:13:14.920 --> 01:13:17.920] That's the only time he can take bail. [01:13:17.920 --> 01:13:23.920] Since bail was taken, you must presume there was an examining trial. [01:13:23.920 --> 01:13:29.920] The question becomes who held that examining trial and why weren't you present? [01:13:29.920 --> 01:13:36.920] Because when you saw the judge, he already had a file entered into evidence, [01:13:36.920 --> 01:13:41.920] and all evidence must be entered in in accordance with the rules of evidence, [01:13:41.920 --> 01:13:46.920] and the rules of evidence require that evidence be entered in open court, [01:13:46.920 --> 01:13:50.920] and the accused have opportunity to raise objection to the evidence. [01:13:50.920 --> 01:13:56.920] You weren't there, but somehow that judge got evidence entered into the court [01:13:56.920 --> 01:14:00.920] and set bail before you ever showed up. [01:14:00.920 --> 01:14:04.920] So there is a presumption there had to be an examining trial, [01:14:04.920 --> 01:14:09.920] and after an examining trial, the magistrate must certify all proceedings [01:14:09.920 --> 01:14:14.920] had in the hearing, seal all documents had in the hearing in an envelope [01:14:14.920 --> 01:14:17.920] causing the name to be written across the seal of the envelope, [01:14:17.920 --> 01:14:23.920] and forward it to the clerk of the court of jurisdiction. [01:14:23.920 --> 01:14:26.920] The clerk of the court of jurisdiction doesn't have it. [01:14:26.920 --> 01:14:27.920] No. [01:14:27.920 --> 01:14:34.920] So the reasonable presumption is that the magistrate you talked to [01:14:34.920 --> 01:14:38.920] failed to certify the proceedings and seal all the documents in an envelope [01:14:38.920 --> 01:14:42.920] because the name could be written across the seal and forwarded to the clerk of the court of jurisdiction, [01:14:42.920 --> 01:14:49.920] and that's tampering with the government document, 3710 Penal Code, [01:14:49.920 --> 01:14:53.920] and it's a felony in the state of Texas. [01:14:53.920 --> 01:14:59.920] So you have reason to believe that the judge, the magistrate, committed a felony [01:14:59.920 --> 01:15:07.920] by forwarding the complaint and all the information had in the hearing to an investigator, [01:15:07.920 --> 01:15:15.920] and whoever that investigator is holds these records to the exclusion of the clerk of the court, [01:15:15.920 --> 01:15:17.920] and that's called tampering with the government document. [01:15:17.920 --> 01:15:20.920] They're both guilty. [01:15:20.920 --> 01:15:24.920] But wouldn't that have to be there for the examining trial? [01:15:24.920 --> 01:15:27.920] Well, that's another issue. [01:15:27.920 --> 01:15:31.920] They held an examining trial ex parte. [01:15:31.920 --> 01:15:39.920] Now, they can do that if an officer goes to a magistrate and asks for an arrest warrant. [01:15:39.920 --> 01:15:41.920] I was arrested without a warrant. [01:15:41.920 --> 01:15:43.920] I know that. [01:15:43.920 --> 01:15:44.920] Okay. [01:15:44.920 --> 01:15:52.920] So if the person's not in custody, an officer can go to a magistrate, [01:15:52.920 --> 01:15:58.920] and the magistrate can hold an examining trial and issue a warrant. [01:15:58.920 --> 01:16:07.920] However, the warrant must say you are to arrest this person and bring him before me, [01:16:07.920 --> 01:16:18.920] and the reason it says bring him before me is because me held an examining trial ex parte without you there. [01:16:18.920 --> 01:16:24.920] Now that he has you, he's to hold another one while you're there [01:16:24.920 --> 01:16:28.920] and have the opportunity to rebut the evidence against you. [01:16:28.920 --> 01:16:31.920] That's what was supposed to have been done. [01:16:31.920 --> 01:16:38.920] But instead of doing that, they arrested you first and then held the ex parte. [01:16:38.920 --> 01:16:42.920] That's called official oppression, third 903 penal code. [01:16:42.920 --> 01:16:44.920] Okay. [01:16:44.920 --> 01:16:50.920] This is Grant DeKalb, native Craig Davis Stevens, Rue La Radio. [01:16:50.920 --> 01:16:52.920] We'll be right back on the other side. [01:16:52.920 --> 01:16:54.920] Anthony, hang on the line. [01:17:22.920 --> 01:17:25.920] We'll be right back. [01:17:53.920 --> 01:17:59.920] That's capital coin and bullion, 512-646-6440. [01:18:19.920 --> 01:18:21.920] Okay, folks, we are back. [01:18:21.920 --> 01:18:24.920] Okay, Anthony, I wanted to ask you something. [01:18:24.920 --> 01:18:31.920] When they rescheduled the trial or the hearing, did they do it by mail before the 20th [01:18:31.920 --> 01:18:35.920] or did you show up in court and then they rescheduled it? [01:18:35.920 --> 01:18:42.920] Well, no, because they were telling me to call on the Wednesday of that week of the court date [01:18:42.920 --> 01:18:47.920] to see if they had my file or a copy of the offense report or whatever, [01:18:47.920 --> 01:18:53.920] and I called and then I think Linda, the executive legal secretary, [01:18:53.920 --> 01:18:57.920] told me that my court date was going to be rescheduled and that they would mail it [01:18:57.920 --> 01:19:05.920] or I could come in on the 20th and get the notice of my court date being rescheduled. [01:19:05.920 --> 01:19:08.920] Yeah, that's the big hoodwink. [01:19:08.920 --> 01:19:12.920] They want you to call and give them a heads up so that they can reschedule it. [01:19:12.920 --> 01:19:16.920] Here's what I think. [01:19:16.920 --> 01:19:22.920] If they reschedule your court date, you don't call and give them a heads up [01:19:22.920 --> 01:19:25.920] to make sure they have the file next time. [01:19:25.920 --> 01:19:29.920] You show up in court and if the prosecutor ain't there and if there's no file, [01:19:29.920 --> 01:19:35.920] you file a motion to dismiss and you may even be able to do that already right now. [01:19:35.920 --> 01:19:40.920] Randy, what do you say about the situation? [01:19:40.920 --> 01:19:46.920] Well, if the court orders you to show up, they don't call you [01:19:46.920 --> 01:19:52.920] and politely request that you show up or ask you is this a good time? [01:19:52.920 --> 01:19:57.920] They say you either show up on this day at this time or we'll arrest you. [01:19:57.920 --> 01:20:00.920] Well, when they invoke that kind of authority, [01:20:00.920 --> 01:20:04.920] they invoke a duty upon themselves to be ready for court. [01:20:04.920 --> 01:20:09.920] If not, you have a right to dismissal and you should move forward. [01:20:09.920 --> 01:20:12.920] Well, he's saying that the Wednesday before the trial, [01:20:12.920 --> 01:20:18.920] they told him on the phone that they were going to reschedule. [01:20:18.920 --> 01:20:19.920] Well, that's different. [01:20:19.920 --> 01:20:21.920] I know, that's what I'm saying. [01:20:21.920 --> 01:20:22.920] Is that what happened, Anthony? [01:20:22.920 --> 01:20:26.920] You talked to them on the phone the Wednesday before the trial and they said they're... [01:20:26.920 --> 01:20:28.920] Yes, Wednesday and Thursday. [01:20:28.920 --> 01:20:34.920] Okay, so that's why I'm saying they're trying to put themselves in a position [01:20:34.920 --> 01:20:37.920] so that you can't file a motion to dismiss [01:20:37.920 --> 01:20:42.920] based on the fact that you showed up for a court summons and the other side wasn't ready. [01:20:42.920 --> 01:20:47.920] And so next time when they send you a summons, don't call them. [01:20:47.920 --> 01:20:53.920] Just show up with a motion to dismiss prepared in hand. [01:20:53.920 --> 01:20:59.920] And if there's no file, if there's no case, if there's no cause number, [01:20:59.920 --> 01:21:02.920] then you move to dismiss. [01:21:02.920 --> 01:21:05.920] Say I move to dismiss based on the fact that there's no case, there's no cause number, [01:21:05.920 --> 01:21:07.920] there's no prosecutor, there's no nothing, there's no case. [01:21:07.920 --> 01:21:08.920] Why am I here? [01:21:08.920 --> 01:21:09.920] Dismiss. [01:21:09.920 --> 01:21:12.920] I know, like whenever I went up there and she gave me that paper, [01:21:12.920 --> 01:21:17.920] this paper for me being rescheduled, they have at the top of the page, [01:21:17.920 --> 01:21:19.920] it says case number and it says no number. [01:21:19.920 --> 01:21:28.920] The defendant's name just says Anthony and then my charge, it just says POM, just POM. [01:21:28.920 --> 01:21:30.920] Right, so right now they still don't have a case. [01:21:30.920 --> 01:21:33.920] Did they reschedule the hearing? [01:21:33.920 --> 01:21:34.920] Yes, ma'am. [01:21:34.920 --> 01:21:37.920] My arraignment, I guess, yeah, it's an arraignment. [01:21:37.920 --> 01:21:39.920] It's going to be on September 10th now. [01:21:39.920 --> 01:21:47.920] Okay, so next thing you do is you show up on December 10th with a motion to dismiss in your hand. [01:21:47.920 --> 01:21:48.920] I'm sorry? [01:21:48.920 --> 01:21:49.920] September. [01:21:49.920 --> 01:21:53.920] September, so you show up on September 10th with a motion to dismiss in your hand, [01:21:53.920 --> 01:21:57.920] and if there's no case and there's no prosecutor, then you ask the judge, [01:21:57.920 --> 01:22:03.920] may I approach and submit your motion to dismiss? [01:22:03.920 --> 01:22:09.920] Is this the only motion I'd be filing at my arraignment or would there be any more that I could file? [01:22:09.920 --> 01:22:12.920] Randy? [01:22:12.920 --> 01:22:15.920] Well, there's a lot more you can file. [01:22:15.920 --> 01:22:19.920] There's a whole stack of motions you can file based on the arrest [01:22:19.920 --> 01:22:26.920] and improper procedures subject to, contingent to the arrest. [01:22:26.920 --> 01:22:28.920] Like what? [01:22:28.920 --> 01:22:34.920] Most criminal charges against the magistrate motion to dismiss, [01:22:34.920 --> 01:22:38.920] criminal charges against the jailers, [01:22:38.920 --> 01:22:44.920] criminal charges against the officers for kidnapping, aggravated assault. [01:22:44.920 --> 01:22:45.920] You name all of them for it. [01:22:45.920 --> 01:22:47.920] We'd need to do a show on that. [01:22:47.920 --> 01:22:49.920] Yeah, we don't have enough time right now. [01:22:49.920 --> 01:22:53.920] Why don't we do a due process show tomorrow? [01:22:53.920 --> 01:22:55.920] We have Michael Maris as our guest tomorrow. [01:22:55.920 --> 01:22:56.920] We had to reschedule him. [01:22:56.920 --> 01:22:59.920] He was supposed to be a guest last Friday, [01:22:59.920 --> 01:23:06.920] and unfortunately because both Randy and Eddie had to cancel at the last minute, [01:23:06.920 --> 01:23:07.920] we didn't have a show. [01:23:07.920 --> 01:23:09.920] So I've already rescheduled Michael Maris once, [01:23:09.920 --> 01:23:13.920] so maybe we could do the due process show the following Friday. [01:23:13.920 --> 01:23:14.920] Okay, that'll work. [01:23:14.920 --> 01:23:17.920] Okay, Anthony, we need to go on to other callers, [01:23:17.920 --> 01:23:22.920] but go to jurisimprudence.com and you can look up some of these motions, [01:23:22.920 --> 01:23:24.920] like the motion to dismiss. [01:23:24.920 --> 01:23:26.920] Okay, thanks. [01:23:26.920 --> 01:23:29.920] Okay, we've got a lot of callers on the line, [01:23:29.920 --> 01:23:33.920] and all of them have a high priority, so I'm going to do the best I can here. [01:23:33.920 --> 01:23:37.920] We've got Pat from West Texas that's probably up on the tower. [01:23:37.920 --> 01:23:39.920] Pat, what is on your mind tonight? [01:23:39.920 --> 01:23:41.920] I'll keep it real short tonight. [01:23:41.920 --> 01:23:43.920] Hi, Debbie. [01:23:43.920 --> 01:23:54.920] On your FCC filings, your DHS border patrol folks have vans with your backscatter. [01:23:54.920 --> 01:23:55.920] I'm sorry, you're cutting out Pat. [01:23:55.920 --> 01:23:57.920] What did you just say? [01:23:57.920 --> 01:24:05.920] Department of Homeland Security border patrol has mobile vans [01:24:05.920 --> 01:24:13.920] set up in all of their mobile checkpoints with your backscatters, [01:24:13.920 --> 01:24:16.920] and they just bought a bunch more, [01:24:16.920 --> 01:24:23.920] plus all of their permanent installed checkpoints have backscatter machines. [01:24:23.920 --> 01:24:30.920] That was released earlier this year in a GAO report for the last two years. [01:24:30.920 --> 01:24:35.920] Right now they're all in violation of FCC Part 15.510 [01:24:35.920 --> 01:24:39.920] because only law enforcement, emergency rescue, [01:24:39.920 --> 01:24:42.920] or firefighting organizations that are under the authority of a local [01:24:42.920 --> 01:24:46.920] or state government are allowed to operate those devices, [01:24:46.920 --> 01:24:49.920] and they're not allowed to operate them outdoors. [01:24:49.920 --> 01:24:51.920] Yeah, all of these are outdoors. [01:24:51.920 --> 01:24:54.920] Okay, well maybe you could get some documentation of that, [01:24:54.920 --> 01:24:59.920] and if you want to go after them, then I can help show you in the code. [01:24:59.920 --> 01:25:01.920] I'll send you an email on that. [01:25:01.920 --> 01:25:02.920] Okay. [01:25:02.920 --> 01:25:07.920] Randy, on that other thing dealing with that one individual [01:25:07.920 --> 01:25:13.920] that showed up and did not have a complaint in his file by the prosecutor, [01:25:13.920 --> 01:25:22.920] it sounds like conspiracy to me, plus extortion, or conspiracy to extortion, [01:25:22.920 --> 01:25:28.920] and probably about five other nice little Class A felonies. [01:25:28.920 --> 01:25:35.920] The KKK Act of 1871 would fall there, which is a violation of rights, [01:25:35.920 --> 01:25:44.920] which is a Class A misdemeanor, and a Class B felony, if I'm correct, on conspiracy. [01:25:44.920 --> 01:25:47.920] Well, we've got more than that. [01:25:47.920 --> 01:25:54.920] When the officer made the arrest, made no due diligent effort to locate a magistrate, [01:25:54.920 --> 01:26:01.920] cranked the motor vehicle, pointed it toward the jail, he committed aggravated kidnapping. [01:26:01.920 --> 01:26:02.920] Oh, yeah. [01:26:02.920 --> 01:26:05.920] First-degree felony. [01:26:05.920 --> 01:26:09.920] And he did so in the process of making the arrest. [01:26:09.920 --> 01:26:17.920] He had to have touched the person in a way an ordinary person of reasonable prudence would find to be offensive. [01:26:17.920 --> 01:26:20.920] That's defined as simple assault. [01:26:20.920 --> 01:26:26.920] And he committed the simple assault while acting under the color of the authority of a police officer, [01:26:26.920 --> 01:26:29.920] under color meaning pretense. [01:26:29.920 --> 01:26:31.920] That's a first-degree felony. [01:26:31.920 --> 01:26:34.920] Plus he probably had a firearm on his hip. [01:26:34.920 --> 01:26:38.920] That's what I mean, because he had the firearm on his hip. [01:26:38.920 --> 01:26:45.920] The simple assault becomes aggravated assault, second-degree felony. [01:26:45.920 --> 01:26:55.920] But since he was acting under the color of a public official when he didn't actually have that authority [01:26:55.920 --> 01:27:01.920] because he had committed a crime related to his office, that's a first-degree felony. [01:27:01.920 --> 01:27:04.920] So that's two first-degree felonies. [01:27:04.920 --> 01:27:09.920] And everybody who touches him after that sticks to that tar baby. [01:27:09.920 --> 01:27:17.920] He took him and gave him to the jailers who intended to continue the incarceration. [01:27:17.920 --> 01:27:25.920] It doesn't matter that they didn't know that the incarceration was illegal. [01:27:25.920 --> 01:27:28.920] That's not what goes to culpability. [01:27:28.920 --> 01:27:32.920] Culpability goes to whether you intended the result of your action. [01:27:32.920 --> 01:27:33.920] He was kidnapped. [01:27:33.920 --> 01:27:35.920] He was restricted as his liberty. [01:27:35.920 --> 01:27:39.920] The jailers intended to continue the restriction at his liberty. [01:27:39.920 --> 01:27:40.920] They're culpable. [01:27:40.920 --> 01:27:49.920] The magistrate intended to continue the restriction at his liberty as well [01:27:49.920 --> 01:27:52.920] and committed other crimes against him. [01:27:52.920 --> 01:27:55.920] So there's a whole stack of them. [01:27:55.920 --> 01:27:57.920] You had other people backed up. [01:27:57.920 --> 01:27:58.920] All right. [01:27:58.920 --> 01:28:04.920] I'll call in Monday night, I guess, something else I wanted to talk about, but it will wait until then. [01:28:04.920 --> 01:28:05.920] Okay. [01:28:05.920 --> 01:28:06.920] Thanks, Sean. [01:28:06.920 --> 01:28:07.920] Thanks, Pat. [01:28:07.920 --> 01:28:08.920] Bye. [01:28:07.920 --> 01:28:08.920] Bye. [01:28:08.920 --> 01:28:09.920] Okay. [01:28:09.920 --> 01:28:10.920] We've got Sean and Brian. [01:28:10.920 --> 01:28:13.920] Sean, you are next after Brian. [01:28:13.920 --> 01:28:14.920] Brian, thanks for calling in. [01:28:14.920 --> 01:28:17.920] What's on your mind tonight? [01:28:17.920 --> 01:28:18.920] Hi. [01:28:18.920 --> 01:28:19.920] First-time caller. [01:28:19.920 --> 01:28:25.920] I was just – I've recently been listening to your archives and learning a lot. [01:28:25.920 --> 01:28:27.920] Thank you much for everything you guys are doing. [01:28:27.920 --> 01:28:29.920] I really like what you're doing down there in Texas. [01:28:29.920 --> 01:28:34.920] I'm kind of trying to bring some of that up here to Minnesota. [01:28:34.920 --> 01:28:40.920] It's proven a little tougher than – it seems like Texas, your laws are written differently or not. [01:28:40.920 --> 01:28:42.920] I'm working on a court case here. [01:28:42.920 --> 01:28:46.920] I recently kind of discovered my sovereign abilities, [01:28:46.920 --> 01:28:55.920] and coincidentally I also got in altercation with the police almost immediately after so. [01:28:55.920 --> 01:29:01.920] But I have a case I'm working on where the police had pulled me over for speeding, [01:29:01.920 --> 01:29:07.920] and I had kind of looked a lot into what my rights were and stuff. [01:29:07.920 --> 01:29:12.920] And so when he pulled me over and he started immediately asking me like these hostile questions, [01:29:12.920 --> 01:29:15.920] like I gave him my ID and whatnot, [01:29:15.920 --> 01:29:20.920] there's definitely some things I would have done differently knowing what I know now back then. [01:29:20.920 --> 01:29:23.920] But I didn't respond to him at all. [01:29:23.920 --> 01:29:27.920] I just kind of kept the faith and I didn't respond to him at all. [01:29:27.920 --> 01:29:32.920] And it led into this big ordeal where they searched my car [01:29:32.920 --> 01:29:40.920] and they had pulled me out of my car, accused me of having narcotics and all this stuff. [01:29:40.920 --> 01:29:45.920] And I kind of – so I went to court over the speed ticket. [01:29:45.920 --> 01:29:47.920] Okay, wait a minute, Brian. Wait a minute. [01:29:47.920 --> 01:29:52.920] We're going to break. Just hang on the line and we'll be right back. [01:29:52.920 --> 01:29:54.920] You're going to need to look at the due process laws in Minnesota. [01:29:54.920 --> 01:30:00.920] I know that for sure. We'll be right back after this break. [01:30:00.920 --> 01:30:03.920] It is so enlightening to listen to 90.1 FM, [01:30:03.920 --> 01:30:06.920] but finding things on the Internet isn't so easy, [01:30:06.920 --> 01:30:09.920] and neither is finding like-minded people to share it with. [01:30:09.920 --> 01:30:12.920] Oh, well, I guess you haven't heard of Brave New Books then. [01:30:12.920 --> 01:30:13.920] Brave New Books? [01:30:13.920 --> 01:30:18.920] Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, [01:30:18.920 --> 01:30:23.920] Ron Paul, and G. Edward Griffin. They even stock inner food, Berkey products, and Calvin Soaps. [01:30:23.920 --> 01:30:26.920] There's no way a place like that exists. [01:30:26.920 --> 01:30:32.920] Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT. [01:30:32.920 --> 01:30:35.920] By UT, there's never anywhere to park down there. [01:30:35.920 --> 01:30:41.920] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility, [01:30:41.920 --> 01:30:43.920] just behind the bookstore. [01:30:43.920 --> 01:30:46.920] It does exist, but when are they open? [01:30:46.920 --> 01:30:51.920] Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays. [01:30:51.920 --> 01:30:55.920] So give them a call at 512-480-2503, [01:30:55.920 --> 01:31:00.920] or check out their events page at bravenewbookstore.com. [01:31:00.920 --> 01:31:05.920] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [01:31:05.920 --> 01:31:09.920] Stop debt collectors now with the Michael Mears Proven Method. [01:31:09.920 --> 01:31:14.920] Michael Mears has won six cases in federal court against debt collectors, and now you can win two. [01:31:14.920 --> 01:31:20.920] You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes, [01:31:20.920 --> 01:31:24.920] what to do when contacted by phone, mail, or court summons, [01:31:24.920 --> 01:31:26.920] how to answer letters and phone calls, [01:31:26.920 --> 01:31:29.920] how to get debt collectors out of your credit report, [01:31:29.920 --> 01:31:33.920] how to turn the financial tables on them and make them pay you to go away. [01:31:33.920 --> 01:31:38.920] The Michael Mears Proven Method is the solution for how to stop debt collectors. [01:31:38.920 --> 01:31:41.920] Personal consultation is available as well. [01:31:41.920 --> 01:31:46.920] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner, [01:31:46.920 --> 01:31:49.920] or email michaelmears at yahoo.com. [01:31:49.920 --> 01:31:57.920] That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [01:31:57.920 --> 01:32:01.920] to learn how to stop debt collectors now. [01:32:01.920 --> 01:32:11.920] Yeah, who you want to chip? Who you take me for? Free Tully? Who you want to chip? I'm not free Tully. You have to hand-chip me. I'm a fact. [01:32:11.920 --> 01:32:15.920] Don't let them chip you in the morning, chip you in the evening. Put a chip in your body. [01:32:15.920 --> 01:32:19.920] And then when you go computer reading, you can't hide me from nobody. [01:32:19.920 --> 01:32:25.920] When you say chip in your mom, chip in your daddy, chip in your grandpa and the granny, [01:32:25.920 --> 01:32:30.920] chip in me, chip in your baby, chip in your family, whole family, [01:32:30.920 --> 01:32:37.920] chip in your dog and the cat around me, chip in the beef and you still go eat it, chip in the fish, them all in the sea, [01:32:37.920 --> 01:32:42.920] chip in the shark and the whale around me, you must be mankind going crazy. [01:32:42.920 --> 01:32:49.920] Okay, folks, we are back. We're taking your calls. We've got Brian from Minnesota right now. Thanks for calling in, Brian. [01:32:49.920 --> 01:32:56.920] Okay, Brian, I've got two pieces of suggestions here, if you want to call it, not advice. We don't give legal advice. [01:32:56.920 --> 01:33:03.920] The first is write a narrative of everything that happened in chronological order. [01:33:03.920 --> 01:33:07.920] And then also you need to read the due process laws in your state. [01:33:07.920 --> 01:33:14.920] It will be under most likely the code of criminal procedure so that you will know what laws that they violated. [01:33:14.920 --> 01:33:19.920] And you might want to get jurisdictionary to learn the basics about... [01:33:19.920 --> 01:33:21.920] I definitely plan on that. [01:33:21.920 --> 01:33:26.920] Okay, so Randy, do you have comments for Brian? [01:33:26.920 --> 01:33:34.920] Yes, once you start reading your code of criminal procedure, you probably don't think of it as a comic book, [01:33:34.920 --> 01:33:41.920] but you'll find it rather humorous when you find out all of the things they did wrong. [01:33:41.920 --> 01:33:48.920] Now, do be aware of one other thing, too. You are in Minnesota where the judges make it up as they go. [01:33:48.920 --> 01:33:50.920] That's what it seems to have appeared to be. [01:33:50.920 --> 01:33:57.920] Oh, that's a fact. Your legislature gave the judges in Minnesota the authority to write their own rules [01:33:57.920 --> 01:34:01.920] and then to promptly ignore their own rules. [01:34:01.920 --> 01:34:11.920] And what I'm looking at, I've been looking for things like we're tampering with a government document and stuff like that. [01:34:11.920 --> 01:34:15.920] I'm not having good luck finding such language like that up here. [01:34:15.920 --> 01:34:17.920] Look in your penal code. [01:34:17.920 --> 01:34:18.920] What's that? [01:34:18.920 --> 01:34:20.920] Your penal code. [01:34:20.920 --> 01:34:22.920] Okay, I mean, I'll have to go through some of that. [01:34:22.920 --> 01:34:29.920] I mean, immediately what I first did, the first thing I knew what to do was, or the first thing which I'm experienced with, [01:34:29.920 --> 01:34:37.920] and I went and filed a claim in conciliation court against the police officer and the attorney. [01:34:37.920 --> 01:34:42.920] I already had to go to trial over the speeding, and I lost, unfortunately. [01:34:42.920 --> 01:34:49.920] I wish I had, and there's a couple things that I would have done differently if I had listened to some of the stuff you guys had said sooner [01:34:49.920 --> 01:34:53.920] and brought criminal complaints to the court with me. [01:34:53.920 --> 01:35:00.920] But I went and immediately got also a copy of the police report, and I also have the police video. [01:35:00.920 --> 01:35:05.920] And now I'm kind of curious of whether I'm going to court. [01:35:05.920 --> 01:35:09.920] My court date is coming up real quick here in the conciliation court, [01:35:09.920 --> 01:35:12.920] and I'm up against this police officer and the city attorney. [01:35:12.920 --> 01:35:17.920] And now I'm kind of curious, like, if I should hold off or do something different, [01:35:17.920 --> 01:35:24.920] because between the police report and the video, it's quite clear that he has fabricated evidence in here, [01:35:24.920 --> 01:35:30.920] falsified the police report documents, and it's not consistent with the video. [01:35:30.920 --> 01:35:35.920] And then also in the video, it's quite clear in the video where they kind of sat there [01:35:35.920 --> 01:35:38.920] and talked about the charges they were going to make up and stuff. [01:35:38.920 --> 01:35:42.920] Right. If you've got that, then you've got to charge a criminal conspiracy against them. [01:35:42.920 --> 01:35:51.920] They conspired to do you harm by falsifying criminal charges against you to cover their backsides for their illegal acts. [01:35:51.920 --> 01:35:53.920] Okay. [01:35:53.920 --> 01:35:58.920] Did they charge you with anything other than the speeding? [01:35:58.920 --> 01:36:01.920] No, no, but they had accused me of having narcotics. [01:36:01.920 --> 01:36:04.920] And then, like, immediately when the officer showed up, you know, he started asking me my name, [01:36:04.920 --> 01:36:08.920] and he was getting kind of frustrated why I wouldn't answer him, so immediately he starts going, [01:36:08.920 --> 01:36:10.920] why are your hands dirty? [01:36:10.920 --> 01:36:11.920] Were you breaking into cars? [01:36:11.920 --> 01:36:15.920] And so immediately I went into duress and stuff, because he had asked, [01:36:15.920 --> 01:36:19.920] I don't think normally I would have got out of the car for a speeding violation anyways, [01:36:19.920 --> 01:36:21.920] but he had me get out of the car. [01:36:21.920 --> 01:36:25.920] I mean, on the police video, he says right there, he says, I'm going to search this guy's car. [01:36:25.920 --> 01:36:28.920] Well, you know, what you could have just said, well, you look a little overweight. [01:36:28.920 --> 01:36:31.920] Have you been stealing refrigerators? [01:36:31.920 --> 01:36:37.920] Yeah. [01:36:37.920 --> 01:36:40.920] I unfortunately didn't. [01:36:40.920 --> 01:36:46.920] You did right by not taking any bait from him. [01:36:46.920 --> 01:36:51.920] Well, you know, I figured he could have, you know, instead of coming up to my window and saying, you know, [01:36:51.920 --> 01:36:55.920] making all these presumptuous statements, you know, he could have been, you know, my neighbor or something, [01:36:55.920 --> 01:37:01.920] you know, he could have been treating me like a neighbor or something, but, you know, it was presumed guilt. [01:37:01.920 --> 01:37:07.920] And I went to court over the speeding of, like, with the... [01:37:07.920 --> 01:37:09.920] Okay, wait, wait, wait. [01:37:09.920 --> 01:37:12.920] What did you do with the video? [01:37:12.920 --> 01:37:14.920] I just got it today, actually. [01:37:14.920 --> 01:37:15.920] Okay. [01:37:15.920 --> 01:37:18.920] Why isn't it on YouTube already? [01:37:18.920 --> 01:37:19.920] Yeah. [01:37:19.920 --> 01:37:20.920] Do something to protect it. [01:37:20.920 --> 01:37:24.920] Don't leave it in your own hands, because it'll be far too easy for it to be confiscated [01:37:24.920 --> 01:37:26.920] if you know what we mean. [01:37:26.920 --> 01:37:27.920] Yeah. [01:37:27.920 --> 01:37:28.920] Put it on YouTube. [01:37:28.920 --> 01:37:31.920] That'll get their attention. [01:37:31.920 --> 01:37:32.920] Okay. [01:37:32.920 --> 01:37:34.920] Works for Carlos, California really well. [01:37:34.920 --> 01:37:37.920] Charlie, I mean, Rick from California. [01:37:37.920 --> 01:37:39.920] Rick, I'm sorry. [01:37:39.920 --> 01:37:47.920] Yeah, he came into court, and he was approached by three bailiffs, one with a video camera and one with a summons, [01:37:47.920 --> 01:37:55.920] I mean, with an order, ordering him not to record the proceedings and put it on YouTube. [01:37:55.920 --> 01:37:56.920] Can I do that? [01:37:56.920 --> 01:38:00.920] I mean, it says on the front, unauthorized use, not something. [01:38:00.920 --> 01:38:04.920] You can do anything you want to with it. [01:38:04.920 --> 01:38:05.920] Okay, okay. [01:38:05.920 --> 01:38:06.920] I'd love to get that up on YouTube. [01:38:06.920 --> 01:38:07.920] I mean, because if... [01:38:07.920 --> 01:38:10.920] But shouldn't I wait for after the court case or something like that to... [01:38:10.920 --> 01:38:11.920] No. [01:38:11.920 --> 01:38:12.920] No. [01:38:12.920 --> 01:38:14.920] Plaster it all over the place. [01:38:14.920 --> 01:38:19.920] No, the whole point is to make it public so that it's not just in your hands, [01:38:19.920 --> 01:38:23.920] so nothing will happen to it, and also it puts pressure on them. [01:38:23.920 --> 01:38:30.920] And you can make really derisive and demeaning commentary over the video. [01:38:30.920 --> 01:38:35.920] And play some, you know, scary music in the background or some funny music in the background. [01:38:35.920 --> 01:38:37.920] I think their own words do the most damage. [01:38:37.920 --> 01:38:38.920] I mean, it's really bad. [01:38:38.920 --> 01:38:46.920] I mean, I was stuck there for maybe 45 minutes where, you know, these cops had... [01:38:46.920 --> 01:38:47.920] they had gone through... [01:38:47.920 --> 01:38:48.920] they had torn my car apart. [01:38:48.920 --> 01:38:50.920] I mean, it's... [01:38:50.920 --> 01:38:51.920] I mean... [01:38:51.920 --> 01:38:58.920] Well, you've got them on illegal search if you've got a video that shows they were attempting to make up charges to cover their backside. [01:38:58.920 --> 01:39:01.920] You've got them on illegal search right there. [01:39:01.920 --> 01:39:03.920] I mean, and I don't have to... [01:39:03.920 --> 01:39:08.920] I mean, when the officer starts asking me questions like that, they can't compel me to answer. [01:39:08.920 --> 01:39:09.920] No. [01:39:09.920 --> 01:39:14.920] It's not a violation of obstruction of justice or anything. [01:39:14.920 --> 01:39:20.920] No, you're not required to testify against yourself or offer evidence against yourself in any way, shape or form, [01:39:20.920 --> 01:39:24.920] regardless of what he wants you to do. [01:39:24.920 --> 01:39:28.920] Now, I was in court for that, for this beating violation, and they asked me to testify. [01:39:28.920 --> 01:39:30.920] And when I went up to testify, I said... [01:39:30.920 --> 01:39:35.920] You don't have to testify either, and it's a very good idea not to do so. [01:39:35.920 --> 01:39:36.920] Okay. [01:39:36.920 --> 01:39:39.920] Well, he started asking me all these flandering questions, and I said, I'm not going to answer that. [01:39:39.920 --> 01:39:44.920] And she said, you have to because I'm testifying, and I no longer have the right to remain silent. [01:39:44.920 --> 01:39:45.920] Is that... [01:39:45.920 --> 01:39:49.920] That's why you don't want to testify. [01:39:49.920 --> 01:39:50.920] Okay. [01:39:50.920 --> 01:39:56.920] You cannot be made to give any information that would incriminate you, even when you're testifying. [01:39:56.920 --> 01:39:57.920] Okay? [01:39:57.920 --> 01:40:03.920] However, general questions they can ask you, demeaning or otherwise. [01:40:03.920 --> 01:40:10.920] And you can always say, objection relevance, objection foundation, objection he's a jerk. [01:40:10.920 --> 01:40:19.920] That's why you want to get jurisdictionary, because it tells you what the grounds, different grounds for objections so that you'll know. [01:40:19.920 --> 01:40:25.920] Yeah, but the whole point here being the reason you do not want to testify is because they're not there to look for the truth. [01:40:25.920 --> 01:40:26.920] No. [01:40:26.920 --> 01:40:30.920] They're there to trick you into saying something that they can twist and turn and stab you with. [01:40:30.920 --> 01:40:32.920] Exactly. [01:40:32.920 --> 01:40:37.920] It's got nothing to do about proper procedure or truth or innocence or guilt. [01:40:37.920 --> 01:40:41.920] It's all about how can they convict you and get their money. [01:40:41.920 --> 01:40:42.920] Right. [01:40:42.920 --> 01:40:47.920] I'm definitely, that's one of the things, you know, I wish before I would have, you know, [01:40:47.920 --> 01:40:54.920] I was listening to how you guys talk about causing reverse damage, and that's what I'm kind of trying to look at now [01:40:54.920 --> 01:40:57.920] is how I can cause some, you know, it's not about winning. [01:40:57.920 --> 01:40:59.920] It's about causing some reverse damage. [01:40:59.920 --> 01:41:06.920] I mean, and I think I clearly have the officer admits in his own words right here of, you know, [01:41:06.920 --> 01:41:12.920] and then they said they found like stems and seeds and weed in my car, and I didn't have any of that. [01:41:12.920 --> 01:41:18.920] And it's clearly on the video they didn't find any of it, but they wrote it in the report. [01:41:18.920 --> 01:41:22.920] Well, then they've also falsified a police report, which is a felony. [01:41:22.920 --> 01:41:26.920] And virtually every State of the Union. [01:41:26.920 --> 01:41:31.920] Do you think, I'm, I was kind of thinking, because I'm going to conciliation court. [01:41:31.920 --> 01:41:33.920] I filed like a punitive damages charge. [01:41:33.920 --> 01:41:36.920] I'm not trying to rob from my American people. [01:41:36.920 --> 01:41:42.920] I had gone to a lawyer, and he was trying to get all kinds of, like, you know, were your arms hurt and, you know, [01:41:42.920 --> 01:41:45.920] Yeah, that's the ambulance chasers for you. [01:41:45.920 --> 01:41:49.920] But the fact of the matter here is you've got them on those grounds. [01:41:49.920 --> 01:41:56.920] You need to be filing criminal charges against these officers for falsifying the police report, [01:41:56.920 --> 01:42:05.920] fabricating evidence, or at least the illusion of fabricating evidence, conspiracy to commit, and so on and so forth. [01:42:05.920 --> 01:42:07.920] You've got a list of them here. [01:42:07.920 --> 01:42:09.920] Yeah, definitely. [01:42:09.920 --> 01:42:16.920] Would, so since I'm going to conciliation court, is there, do you think it would be, [01:42:16.920 --> 01:42:18.920] what would be in my best interest here? [01:42:18.920 --> 01:42:23.920] Would it be, because I could, if I don't, I was thinking, my original plan was if I don't win there, [01:42:23.920 --> 01:42:26.920] then I'd file criminal charges, but now it sounds, [01:42:26.920 --> 01:42:28.920] No, because that makes it look retaliatory. [01:42:28.920 --> 01:42:32.920] You want to file the criminal charges anyway. [01:42:32.920 --> 01:42:35.920] Yeah, use those for leverage. [01:42:35.920 --> 01:42:39.920] Okay, so I should file those and still, I mean, is there, I mean, should I throw out? [01:42:39.920 --> 01:42:42.920] Yeah, criminal has nothing to do with anything else. [01:42:42.920 --> 01:42:44.920] It's totally different. [01:42:44.920 --> 01:42:45.920] What is? [01:42:45.920 --> 01:42:49.920] The criminal has nothing to do with the conciliatory court. [01:42:49.920 --> 01:42:50.920] Okay. [01:42:50.920 --> 01:42:56.920] Criminal is a whole separate deal, so there's no need to hold off on one for the other. [01:42:56.920 --> 01:42:58.920] It's totally separate. [01:42:58.920 --> 01:43:01.920] If they committed crimes, you have a duty to report. [01:43:01.920 --> 01:43:03.920] So do your duty. [01:43:03.920 --> 01:43:06.920] Be a good citizen. [01:43:06.920 --> 01:43:07.920] Right. [01:43:07.920 --> 01:43:13.920] I was trying to, you know, I was familiar, I had never represented myself pro se, [01:43:13.920 --> 01:43:16.920] and I have one in conciliation court representing myself, [01:43:16.920 --> 01:43:21.920] so it was the most familiar thing to me and was kind of intimidated about doing pro se. [01:43:21.920 --> 01:43:24.920] Well, what we're saying is that when you file criminal charges, [01:43:24.920 --> 01:43:26.920] there's no such thing as pro se or anything else. [01:43:26.920 --> 01:43:32.920] You're going to the district attorney, and the state is prosecuting a crime. [01:43:32.920 --> 01:43:35.920] You're just, you would just be submitting a criminal complaint [01:43:35.920 --> 01:43:40.920] and your statement of probable cause to the district attorney, so it's not a lawsuit. [01:43:40.920 --> 01:43:43.920] Listen, Brian, we need to move on because we've got one more caller [01:43:43.920 --> 01:43:46.920] that I promised we would take his call before the end of the show, [01:43:46.920 --> 01:43:49.920] so call back in tomorrow night and we'll discuss this some more. [01:43:49.920 --> 01:43:50.920] Excellent. [01:43:50.920 --> 01:43:51.920] Thank you very much. [01:43:51.920 --> 01:43:53.920] Okay, Randy, quickly. [01:43:53.920 --> 01:43:54.920] That's what I was going to say. [01:43:54.920 --> 01:43:55.920] Okay, great. [01:43:55.920 --> 01:44:06.920] We'll be right back with Sean. [01:44:06.920 --> 01:44:13.920] Aerial spraying, chemtrails, the modified atmosphere, heavy metals and pesticides, [01:44:13.920 --> 01:44:18.920] carcinogens and chemical fibers all falling from the sky. [01:44:18.920 --> 01:44:21.920] You have a choice to keep your body clean, [01:44:21.920 --> 01:44:31.920] detoxified with micro plant powder from hempusa.org or call 908-691-2608. [01:44:31.920 --> 01:44:35.920] It's odorless and tasteless and used in any liquid or food. [01:44:35.920 --> 01:44:39.920] Protect your family now with micro plant powder. [01:44:39.920 --> 01:44:43.920] Cleaning out heavy metals, parasites and toxins. [01:44:43.920 --> 01:44:48.920] Order it now for daily intake and stock it now for long-term storage. [01:44:48.920 --> 01:45:15.920] Visit hempusa.org or call 908-691-2608 today. [01:45:15.920 --> 01:45:18.920] Okay, we are back. [01:45:18.920 --> 01:45:20.920] Coming into the home stretch here. [01:45:20.920 --> 01:45:22.920] We're going to do the best we can to take all your calls, [01:45:22.920 --> 01:45:26.920] but you guys and gals out there may have to call back in tomorrow night [01:45:26.920 --> 01:45:32.920] after we're through talking with special guest Mike Maris. [01:45:32.920 --> 01:45:34.920] All right, we're going now to Sean in Texas. [01:45:34.920 --> 01:45:35.920] Sean, thanks for calling in. [01:45:35.920 --> 01:45:37.920] What is your question tonight? [01:45:37.920 --> 01:45:38.920] Hi, Dave. [01:45:38.920 --> 01:45:39.920] Hi, folks. [01:45:39.920 --> 01:45:44.920] I've got something I think a little bit out of left field from your norm, [01:45:44.920 --> 01:45:45.920] but it's important. [01:45:45.920 --> 01:45:50.920] It's about vaccinations, and this is happening nationwide, [01:45:50.920 --> 01:45:54.920] and it's happening in increasing fashion. [01:45:54.920 --> 01:45:57.920] Doctors after, literally pediatricians, [01:45:57.920 --> 01:46:04.920] after being told in office visits by parents of children that they, [01:46:04.920 --> 01:46:08.920] the parents, choose not to vaccinate their children, [01:46:08.920 --> 01:46:13.920] end up with the kids being vaccinated in the other room anyway. [01:46:13.920 --> 01:46:14.920] Well, wait a minute. [01:46:14.920 --> 01:46:18.920] Okay, this makes me ask the question, [01:46:18.920 --> 01:46:23.920] how did the kid, how did the doctor get the kid away from the parent [01:46:23.920 --> 01:46:26.920] in the other room in the first place? [01:46:26.920 --> 01:46:28.920] This should never have happened. [01:46:28.920 --> 01:46:30.920] Oh, I agree. [01:46:30.920 --> 01:46:32.920] We have a lot of parents that, well, [01:46:32.920 --> 01:46:36.920] most parents who still trust the folks with the white coats [01:46:36.920 --> 01:46:38.920] and the stethoscopes basically, [01:46:38.920 --> 01:46:43.920] and they assume that once they give their expressed wishes [01:46:43.920 --> 01:46:48.920] to have no vaccinations given their kids, that it won't be done. [01:46:48.920 --> 01:46:54.920] There's another fold to this as well, and these stories are pretty rampant. [01:46:54.920 --> 01:46:57.920] As far as I'm concerned, you see three of them as pretty rampant, [01:46:57.920 --> 01:46:59.920] but they're consistent. [01:46:59.920 --> 01:47:02.920] People also go in the hospital to give birth, [01:47:02.920 --> 01:47:09.920] and give the hospital nursing staff and the hospital admin folks orders [01:47:09.920 --> 01:47:11.920] to not vaccinate their kids. [01:47:11.920 --> 01:47:14.920] You know, verbally, I don't know what else they do. [01:47:14.920 --> 01:47:20.920] But then the nurses, and for their part, [01:47:20.920 --> 01:47:23.920] probably most of these nurses actually think they're doing the right thing [01:47:23.920 --> 01:47:27.920] for the kid, but that's a whole other discussion. [01:47:27.920 --> 01:47:30.920] The point is they have no authority to do it, [01:47:30.920 --> 01:47:32.920] and when the parent says not to do it, [01:47:32.920 --> 01:47:36.920] it makes it clear and concise and obvious, [01:47:36.920 --> 01:47:39.920] and they go ahead and do it anyway. [01:47:39.920 --> 01:47:45.920] The parent now has a vaccinated child that they can't unvaccinate, [01:47:45.920 --> 01:47:51.920] and especially with pediatricians to do this, with doctors. [01:47:51.920 --> 01:47:55.920] What is their way, and I would think that the laws would probably change [01:47:55.920 --> 01:47:57.920] from state to state on this, [01:47:57.920 --> 01:48:02.920] but I have no idea what the approach might be to sue these folks, [01:48:02.920 --> 01:48:05.920] to take an active or proactive approach and sue them, [01:48:05.920 --> 01:48:10.920] maybe not necessarily thinking that the lawsuits would actually come to fruition, [01:48:10.920 --> 01:48:13.920] but at least it's something that would be on their record. [01:48:13.920 --> 01:48:17.920] They'd have a lawsuit on a yearly basis when they get monitored or so [01:48:17.920 --> 01:48:19.920] by the medical authorities. [01:48:19.920 --> 01:48:20.920] That would be there. [01:48:20.920 --> 01:48:22.920] It would probably affect their insurance. [01:48:22.920 --> 01:48:26.920] Of course, we'd end up paying for their insurance costs, [01:48:26.920 --> 01:48:29.920] but hopefully it would damage their reputation too. [01:48:29.920 --> 01:48:32.920] We do not need doctors. [01:48:32.920 --> 01:48:35.920] My goodness, it's reminiscent of Nuremberg. [01:48:35.920 --> 01:48:38.920] We don't need doctors going against the parents' wishes. [01:48:38.920 --> 01:48:39.920] Oh, of course not. [01:48:39.920 --> 01:48:42.920] I would go with an assault criminal complaint. [01:48:42.920 --> 01:48:45.920] I was going to say the very first thing that should be done [01:48:45.920 --> 01:48:49.920] is go directly to the district attorney with a criminal complaint for assault [01:48:49.920 --> 01:48:55.920] on the doctor, and then also an administrative complaint [01:48:55.920 --> 01:49:00.920] needs to be filed with the state medical board and lawsuits as well. [01:49:00.920 --> 01:49:03.920] Randy? [01:49:03.920 --> 01:49:05.920] I agree. [01:49:05.920 --> 01:49:07.920] You walked right down the line. [01:49:07.920 --> 01:49:08.920] Especially the administrative complaint. [01:49:08.920 --> 01:49:09.920] Criminal first. [01:49:09.920 --> 01:49:12.920] It's criminal first because it's absolutely assault, [01:49:12.920 --> 01:49:18.920] and I mean there's a puncturing of the skin and an injection of chemicals [01:49:18.920 --> 01:49:24.920] that are proven to be harmful and hazardous and dangerous to anyone and everyone. [01:49:24.920 --> 01:49:29.920] So it's clear assault, and since it was not authorized, [01:49:29.920 --> 01:49:31.920] it's probably even, depending on the state, [01:49:31.920 --> 01:49:35.920] there's going to carry heavier penalties or heavier charges [01:49:35.920 --> 01:49:38.920] since it's a child that's being assaulted, [01:49:38.920 --> 01:49:43.920] and absolutely the administrative complaints need to be filed [01:49:43.920 --> 01:49:47.920] with the state medical board because you could get somebody's license pulled. [01:49:47.920 --> 01:49:51.920] They never could practice medicine again. [01:49:51.920 --> 01:49:52.920] Right. [01:49:52.920 --> 01:49:56.920] Okay, they'll lose their license, they'll lose their ability to get malpractice insurance, [01:49:56.920 --> 01:49:59.920] and then the lawsuits come in as well. [01:49:59.920 --> 01:50:01.920] Well, you know, I wasn't even thinking about that. [01:50:01.920 --> 01:50:03.920] I totally agree. [01:50:03.920 --> 01:50:09.920] You have some idea how much, but that the vaccines themselves are damaging, [01:50:09.920 --> 01:50:12.920] but it might be hard to convince a judge of that. [01:50:12.920 --> 01:50:20.920] I was thinking more from the terms of simply the doctor using no authority. [01:50:20.920 --> 01:50:21.920] Well, wait a minute, wait a minute. [01:50:21.920 --> 01:50:24.920] Despite the fact of whether the vaccines are damaging or not, [01:50:24.920 --> 01:50:31.920] it's still assault because there has been a needle that has been stuck into the child. [01:50:31.920 --> 01:50:33.920] Okay, that is a damage. [01:50:33.920 --> 01:50:37.920] So photographs need to be taken of the puncture mark. [01:50:37.920 --> 01:50:41.920] Okay, any kind of handling like that, even placing, [01:50:41.920 --> 01:50:44.920] you can't even place your hand on somebody. [01:50:44.920 --> 01:50:47.920] If you touch somebody without their permission, it's assault. [01:50:47.920 --> 01:50:53.920] So even for the nurses and the doctors to even touch the child at all [01:50:53.920 --> 01:50:55.920] without the parent's consent is assault, [01:50:55.920 --> 01:50:59.920] but the fact that the parent specifically said do not do this to my child, [01:50:59.920 --> 01:51:03.920] that makes it assault whether the vaccines are good or bad. [01:51:03.920 --> 01:51:09.920] And it also goes to corruption of blood. [01:51:09.920 --> 01:51:11.920] Come again? [01:51:11.920 --> 01:51:14.920] Corruption of blood in the Constitution. [01:51:14.920 --> 01:51:20.920] No corruption of blood that punctured the skin. [01:51:20.920 --> 01:51:21.920] Okay. [01:51:21.920 --> 01:51:24.920] That goes to Constitution. [01:51:24.920 --> 01:51:29.920] Which article? [01:51:29.920 --> 01:51:30.920] Or which section? [01:51:30.920 --> 01:51:31.920] This one. [01:51:31.920 --> 01:51:35.920] It's in the Bill of Rights. [01:51:35.920 --> 01:51:40.920] Any other time, Michael Van Nerik would skin me alive. [01:51:40.920 --> 01:51:42.920] There should be no corruption of blood. [01:51:42.920 --> 01:51:44.920] Because you didn't know it specifically? [01:51:44.920 --> 01:51:46.920] Okay, well I can look up corruption of blood. [01:51:46.920 --> 01:51:50.920] And this would, the approach would change I would assume from state to state [01:51:50.920 --> 01:51:55.920] depending on the law, but in general, what you do, [01:51:55.920 --> 01:51:59.920] number one, a criminal complaint filed with the local DA [01:51:59.920 --> 01:52:04.920] and administrative complaint to the medical board for the action. [01:52:04.920 --> 01:52:08.920] Yeah, and actually Sean, I would say to parents, [01:52:08.920 --> 01:52:11.920] put it this way, if it were me and it happened, I wouldn't wait. [01:52:11.920 --> 01:52:16.920] I would whip out my cell phone and call 911 on the spot. [01:52:16.920 --> 01:52:18.920] I know you would, Debbie. [01:52:18.920 --> 01:52:19.920] Okay. [01:52:19.920 --> 01:52:22.920] That is absolutely the best thing to do. [01:52:22.920 --> 01:52:24.920] You will absolutely get their attention. [01:52:24.920 --> 01:52:27.920] Oh yeah, I would call 911 immediately and have the police come [01:52:27.920 --> 01:52:31.920] and swear out the affidavit, swear out the complaint, [01:52:31.920 --> 01:52:34.920] and ask for that doctor to be arrested on the spot. [01:52:34.920 --> 01:52:36.920] That will wake them up. [01:52:36.920 --> 01:52:39.920] That will start turning their heads a little bit. [01:52:39.920 --> 01:52:44.920] Well, that would be good advice to give some folks on some websites [01:52:44.920 --> 01:52:46.920] to do in the future. [01:52:46.920 --> 01:52:50.920] But, you know, when you're actually in the course of labor [01:52:50.920 --> 01:52:52.920] and having a baby, it's a different story. [01:52:52.920 --> 01:52:53.920] You're a little distracted. [01:52:53.920 --> 01:52:57.920] Well, that's why you have to have, you know, your husband with you, okay, [01:52:57.920 --> 01:53:00.920] or the partner or the father of the child who's awake [01:53:00.920 --> 01:53:04.920] and aware to deal with the situation. [01:53:04.920 --> 01:53:09.920] Yeah, we tell folks to always have friendly and protective eyes on the kid [01:53:09.920 --> 01:53:14.920] at all times, you know, and it's such a frustrating situation [01:53:14.920 --> 01:53:17.920] because when nurses do that, like I say, for the most part, [01:53:17.920 --> 01:53:21.920] they're actually doing it because they think that they were doing the right thing. [01:53:21.920 --> 01:53:24.920] Well, see, the thing is with giving birth to infants in hospitals [01:53:24.920 --> 01:53:29.920] is a very terrifying thing because they will always take the baby away [01:53:29.920 --> 01:53:32.920] from the parents and they do all kinds of things [01:53:32.920 --> 01:53:37.920] and nobody has any idea what they've been taking blood samples of infants [01:53:37.920 --> 01:53:43.920] for the last 35 years to ship them off to a federal database, okay? [01:53:43.920 --> 01:53:46.920] So if you're under 35 years old, you're toast, folks. [01:53:46.920 --> 01:53:49.920] Your blood, your DNA is in a federal government database. [01:53:49.920 --> 01:53:51.920] That's been admitted, okay? [01:53:51.920 --> 01:53:54.920] And the other thing is they want to put antibiotics in the child's eyes [01:53:54.920 --> 01:53:58.920] because there's some rare disease, extremely rare disease [01:53:58.920 --> 01:54:04.920] that if there's some rare type of bacteria that gets into the child's eyes [01:54:04.920 --> 01:54:07.920] during childbirth and the child could go blind, so there's that. [01:54:07.920 --> 01:54:12.920] And then basically when you go and have a baby in a hospital, [01:54:12.920 --> 01:54:17.920] you're basically signing off a waiver that you agree to let the hospital [01:54:17.920 --> 01:54:20.920] do all these things to your child when it's born. [01:54:20.920 --> 01:54:22.920] And that's one reason why I don't have no kids [01:54:22.920 --> 01:54:25.920] because I'm not going to deal with this sort of thing [01:54:25.920 --> 01:54:28.920] and I'm not going to deal with a home birth either, [01:54:28.920 --> 01:54:34.920] so I think I have enough babies right now with the radio listeners. [01:54:34.920 --> 01:54:37.920] Well, I resemble that remark. [01:54:37.920 --> 01:54:38.920] Well, I mean in a good way. [01:54:38.920 --> 01:54:39.920] I have children. [01:54:39.920 --> 01:54:42.920] We have people to shepherd and take care of, you know? [01:54:42.920 --> 01:54:47.920] Not that they're babies, but I mean we have people to take care of. [01:54:47.920 --> 01:54:49.920] She babies me all the time. [01:54:49.920 --> 01:54:52.920] Yeah, you wish. [01:54:52.920 --> 01:54:54.920] Child abuse. [01:54:54.920 --> 01:54:58.920] For 90% of our history, babies were had at home, you know? [01:54:58.920 --> 01:55:04.920] We have five and three of them were delivered at home, and you know, [01:55:04.920 --> 01:55:07.920] you can do it, but that's not the point. [01:55:07.920 --> 01:55:08.920] Both go to the hospital. [01:55:08.920 --> 01:55:13.920] They are intimidated naturally and understandably by the setting [01:55:13.920 --> 01:55:16.920] and even the family sometimes, you know? [01:55:16.920 --> 01:55:20.920] You have to have some fortitude after, you know, [01:55:20.920 --> 01:55:28.920] 25 or 30 years of persistent agenda-driven propaganda about the vaccinations [01:55:28.920 --> 01:55:33.920] and the fear of disease to stand up to doctors and calmly [01:55:33.920 --> 01:55:36.920] and confidently say no, thank you, don't you dare do it. [01:55:36.920 --> 01:55:39.920] Well, yeah, people have to make the decision before they bring their child [01:55:39.920 --> 01:55:44.920] to the doctor at all, first off, and then they have to know that these doctors [01:55:44.920 --> 01:55:47.920] are totally corrupt and they're all about partnering [01:55:47.920 --> 01:55:50.920] with the pharmaceutical industries and forcing off these vaccinations [01:55:50.920 --> 01:55:53.920] on the parents and the kids, and so you have to know [01:55:53.920 --> 01:55:56.920] and expect that they're going to try to do it behind your back anyway [01:55:56.920 --> 01:56:00.920] and don't let the kid out of your sight when you take it to the doctor. [01:56:00.920 --> 01:56:02.920] If you're going to take it to the doctor and if something, [01:56:02.920 --> 01:56:05.920] if the unmentionable happens, then you have to call 911. [01:56:05.920 --> 01:56:08.920] You have to make these decisions and have this type of fortitude in your heart [01:56:08.920 --> 01:56:12.920] and in your spirit already before you even walk in the place [01:56:12.920 --> 01:56:15.920] or else you're going to get railroaded. [01:56:15.920 --> 01:56:17.920] Yep, and it's happened. [01:56:17.920 --> 01:56:18.920] Okay, well, I appreciate it. [01:56:18.920 --> 01:56:20.920] I'm going to pass that information on. [01:56:20.920 --> 01:56:24.920] I might call you back sometime to get maybe some more particulars [01:56:24.920 --> 01:56:26.920] if I have a specific situation to pass on. [01:56:26.920 --> 01:56:27.920] Okay, great. [01:56:27.920 --> 01:56:28.920] Okay, thanks, Sean. [01:56:28.920 --> 01:56:29.920] Thanks a lot, guys. Bye-bye. [01:56:29.920 --> 01:56:30.920] Okay, bye. [01:56:30.920 --> 01:56:31.920] Okay, we're going to continue on. [01:56:31.920 --> 01:56:33.920] We're doing the best we can to get to all your calls. [01:56:33.920 --> 01:56:35.920] We only got a couple minutes left. [01:56:35.920 --> 01:56:36.920] We've got Alan in Texas. [01:56:36.920 --> 01:56:38.920] Alan, what's on your mind tonight? [01:56:38.920 --> 01:56:40.920] Quickly, you've got two minutes. [01:56:40.920 --> 01:56:42.920] Yeah, I'm over here in Horseshoe Bay, [01:56:42.920 --> 01:56:47.920] and this past weekend I was arrested at my house. [01:56:47.920 --> 01:56:50.920] And I asked the officer when he was arresting me [01:56:50.920 --> 01:56:53.920] which magistrate that he would be taking me to. [01:56:53.920 --> 01:56:56.920] He said there would be one there at the Burnet County Jailhouse. [01:56:56.920 --> 01:57:01.920] So he took me to the Burnet County Jailhouse where there was no magistrate, [01:57:01.920 --> 01:57:04.920] nobody was there except for the jailers and all of them, [01:57:04.920 --> 01:57:06.920] and they started the booking process. [01:57:06.920 --> 01:57:11.920] And during the booking process, I wasn't getting undressed fast enough. [01:57:11.920 --> 01:57:15.920] I about had my pants down around my ankles trying to get them off, [01:57:15.920 --> 01:57:20.920] and the officer punched me in my eye. [01:57:20.920 --> 01:57:24.920] After he punched me, he picked me up and started pulling my clothes off of me [01:57:24.920 --> 01:57:27.920] and threw me my jail clothes and all of that. [01:57:27.920 --> 01:57:32.920] Well, the lady that worked back there in the jailhouse had to take pictures of it. [01:57:32.920 --> 01:57:35.920] They had to call the nurses or whoever those people are. [01:57:35.920 --> 01:57:38.920] And I've never been arrested in my life before. [01:57:38.920 --> 01:57:41.920] This is my first time ever being in handcuffs. [01:57:41.920 --> 01:57:44.920] And they took pictures of it and everything. [01:57:44.920 --> 01:57:48.920] Well, somebody was getting all rowdy in the jail and everything, [01:57:48.920 --> 01:57:54.920] and she had slipped a copy of the pictures that she took of one of the pictures of my face [01:57:54.920 --> 01:57:58.920] underneath my leg and told me to put it in my sock. [01:57:58.920 --> 01:58:02.920] And if I was bound with the picture, she would say that I stole it. [01:58:02.920 --> 01:58:04.920] Okay, listen, we're at the end of the show. [01:58:04.920 --> 01:58:07.920] We have literally less than 60 seconds left. [01:58:07.920 --> 01:58:10.920] We're going to have to continue this story tomorrow night. [01:58:10.920 --> 01:58:14.920] Briefly, Randy, you have any comments for Alan? [01:58:14.920 --> 01:58:18.920] Yes, we're going to need to spend more time on this tomorrow night. [01:58:18.920 --> 01:58:22.920] I don't have time tonight to punch you in the eye. [01:58:22.920 --> 01:58:24.920] You really need to go after this guy. [01:58:24.920 --> 01:58:25.920] Absolutely. [01:58:25.920 --> 01:58:28.920] Okay, Alan, call back in tomorrow night, and we will discuss this tomorrow. [01:58:28.920 --> 01:58:31.920] On the other side, Chad, Anthony, I'm sorry, we ran out of time. [01:58:31.920 --> 01:58:34.920] We've got Mike Merris for the first hour or two tomorrow night, [01:58:34.920 --> 01:58:37.920] and then we'll be taking your calls on various topics, [01:58:37.920 --> 01:58:39.920] whatever topic you want to bring to the table. [01:58:39.920 --> 01:58:41.920] We'll be back tomorrow evening. [01:58:41.920 --> 01:58:46.920] This is the rule of law, Randy Kelton, Eddie Craig, and Deborah Stevens. [01:58:46.920 --> 01:59:12.920] Thank you very much. [01:59:12.920 --> 01:59:27.920] Thank you very much. [01:59:27.920 --> 01:59:42.920] Thank you. [01:59:42.920 --> 01:59:57.920] Thank you.