[00:00.000 --> 00:09.800] Up to 25 people were killed Monday in a NATO airstrike in southern Afghanistan. [00:09.800 --> 00:14.920] The head of Hellman's provincial council, Fazal Bari, said the dead were inside a mosque. [00:14.920 --> 00:20.480] Eyewitness Salah Ayyap said, people are very angry, adding there was a fierce gunfight [00:20.480 --> 00:22.480] before the airstrike. [00:22.480 --> 00:26.200] Villagers were digging the dead out from the rubble and washing them for burial. [00:26.200 --> 00:31.800] He said some civilians were wounded and a 10-year-old child was killed. [00:31.800 --> 00:37.640] Richard Holbrook, U.S. special envoy to Pakistan and Afghanistan, is downplaying news reports [00:37.640 --> 00:40.360] of U.S. peace talks with Taliban leaders. [00:40.360 --> 00:46.600] Holbrook said Sunday on CNN, quote, a pure military victory in Afghanistan is not possible. [00:46.600 --> 00:54.000] Holbrook added both Pakistani and Taliban leaders need to be engaged on a political level. [00:54.000 --> 00:58.640] Thirteen people were killed Sunday when an armed gang stormed a drug rehab center in [00:58.640 --> 01:00.400] Tijuana, Mexico. [01:00.400 --> 01:06.400] Mexico and California are considering legalizing marijuana as a way to undermine cartel profits [01:06.400 --> 01:08.400] and reduce drug violence. [01:08.400 --> 01:13.880] More than 28,000 people have been killed in Mexico in drug-related violence since President [01:13.880 --> 01:21.160] Felipe Calderon took office in 2006 and declared war on drug cartels. [01:21.160 --> 01:27.200] The WikiLeaks release of 400,000 secret Iraq war documents Saturday shows the U.S. turned [01:27.200 --> 01:32.480] a blind eye to widespread torture of prisoners by Iraqi security forces. [01:32.480 --> 01:38.680] The leaked war logs documented numerous instances in which Iraqi security forces beat, burned, [01:38.680 --> 01:44.200] electrocuted, raped, and sawed off fingers of detainees, while the U.S. military launched [01:44.200 --> 01:45.920] no investigations. [01:45.920 --> 01:52.640] An order issued in June 2004 commanded coalition forces not to investigate abuse by Iraqis [01:52.640 --> 01:59.120] on Iraqis, stating, quote, no further investigation will be required unless directed by headquarters. [01:59.120 --> 02:04.400] The U.S. military was not only aware the torture was taking place but used it as a threat during [02:04.400 --> 02:12.280] interrogations and handed detainees over to Iraqis if they refused to divulge information. [02:12.280 --> 02:17.320] Iranian President Hamid Karzai admitted Monday his office has accepted bags of money from [02:17.320 --> 02:18.960] the Iranian government. [02:18.960 --> 02:25.760] Karzai said his office has taken Iranian payments of up to $975,000 once or twice a year to [02:25.760 --> 02:28.160] cover presidential expenses. [02:28.160 --> 02:33.760] Iran's efforts to buy influence in Afghanistan have extended beyond Karzai's palace. [02:33.760 --> 02:38.300] Members of parliament say other politicians are taking Iranian money, and recent media [02:38.300 --> 02:43.240] reports have claimed Iranians are paying the Taliban to kill U.S. soldiers. [02:43.240 --> 02:49.360] Karzai poo-pooed the disclosure, saying, quote, this is something I have discussed with President [02:49.360 --> 02:50.360] Bush. [02:50.360 --> 02:51.360] This is nothing hidden. [02:51.360 --> 03:10.480] The U.S. is doing the same thing. [03:21.360 --> 03:44.720] The U.S. is doing the same thing. [03:44.720 --> 03:49.720] The U.S. is doing the same thing. [03:49.720 --> 03:54.720] The U.S. is doing the same thing. [03:54.720 --> 04:01.720] The U.S. is doing the same thing. [04:01.720 --> 04:18.720] Alright folks, good evening. This is Eddie Craig, Rule of Law Radio with Debra Stevens. [04:18.720 --> 04:22.600] Finally back on the internet where I can come in a little clearer than I can over the cell [04:22.600 --> 04:27.520] phone. I appreciate your patience. Wait on me to get into a location where I can actually [04:27.520 --> 04:32.480] do this. For those of you listening out there, I have made it to the Austin area as of yesterday [04:32.480 --> 04:39.000] so I will be in and around Austin for the next several weeks and hopefully it will pan [04:39.000 --> 04:41.920] out for us when we get that opportunity to meet with the legislature that we can get [04:41.920 --> 04:48.120] some changes made in this state for the better, especially for the people to make it better. [04:48.120 --> 04:51.800] What I'd like to do tonight before we get into taking phone calls is I have made some [04:51.800 --> 04:57.800] changes to the petition to show authority dealing with the prosecutor when the prosecutor [04:57.800 --> 05:02.760] is the city attorney. I've done some more research and I've added some more information [05:02.760 --> 05:08.040] to this. One of the specific allegations we're going to be making inside of this document [05:08.040 --> 05:16.440] now when we file it is that the city attorney is acting absent of valid oath of office, [05:16.440 --> 05:24.000] which that part was already in there, but by that lack of oath of office, we're also [05:24.000 --> 05:29.560] going to accuse him of practicing law without a license. We're going to demand that the [05:29.560 --> 05:39.080] city attorney produce the actual original copy of the license allegedly issued by the [05:39.080 --> 05:45.280] Texas Supreme Court. We're going to really turn on my apoplectic with this because I [05:45.280 --> 05:48.280] don't think any of them have one. [05:48.280 --> 05:53.120] So that's going to become a real problem real fast for them when we start challenging the [05:53.120 --> 05:59.600] ability of the prosecutor. But in this, we are charging him of practicing law without [05:59.600 --> 06:09.060] a license. We are charging him with 38.122 also of the penal code, which is falsely holding [06:09.060 --> 06:16.520] oneself out to be a lawyer because the statute is very specific. If you tell somebody that [06:16.520 --> 06:24.400] you're a lawyer or an attorney and you are not currently licensed in this state or some [06:24.400 --> 06:33.280] other state or some foreign country and are also in good standing with the Texas State [06:33.280 --> 06:41.040] Bar and the Bar Association of your licensing country, you are committing this criminal [06:41.040 --> 06:46.120] act, which is a third degree felony. [06:46.120 --> 06:50.720] So not only are we going after them at this point for impersonating a public servant, [06:50.720 --> 06:55.940] which is a class A misdemeanor, we're going after these folks for a third degree felony [06:55.940 --> 07:03.440] of holding themselves out falsely to be a lawyer. I spent the afternoon trying to update [07:03.440 --> 07:06.640] this a little bit with the information I've had. I've got to get this back to one of the [07:06.640 --> 07:11.640] people that I'm helping her and her husband find a traffic ticket when they're illegally [07:11.640 --> 07:14.480] stopped by the police in their town. [07:14.480 --> 07:21.120] But we will get this out in the updates package for the documents and get all that handled [07:21.120 --> 07:27.600] so that everybody will have an updated copy of this. Now, I'm also working on the motion. [07:27.600 --> 07:32.920] I'm still waiting on feedback from both Randy Rayler and Randy Kelton regarding the motion [07:32.920 --> 07:38.400] of Randy Rayler's that I took and beefed up a little bit dealing with the initial process [07:38.400 --> 07:42.080] of being summoned to court. [07:42.080 --> 07:48.800] Randy did a very good job of putting a base motion together. He had all the good stuff [07:48.800 --> 07:54.200] in there that you would want to have to make a point. What I did was I went back and took [07:54.200 --> 08:00.880] some of those same sections and additional parts of those same sections, and not only [08:00.880 --> 08:07.040] will it make a point, but it now contains teeth. So we're not only going to try to show [08:07.040 --> 08:12.920] why you shouldn't be bothering me, but now that you are bothering me, I'm going to see [08:12.920 --> 08:19.100] that somebody has made the answer for that. So we're going to be putting that to good [08:19.100 --> 08:24.120] use very, very soon in a couple of Randy's cases down here in Austin for his traffic [08:24.120 --> 08:25.120] stuff. [08:25.120 --> 08:29.840] Now, if this thing works out the way that it should, if they're going to follow the [08:29.840 --> 08:40.960] law, that motion in and of itself should be able to quash any outstanding or issued warrants [08:40.960 --> 08:48.000] based solely on failure to appear from the signed citation. And the way that's going [08:48.000 --> 08:53.760] to work is, is the first thing is, is you need to be aware of what a citation is. And [08:53.760 --> 08:58.500] if you go look that up in Black's Law and Bouvier's, you will find very quickly that [08:58.500 --> 09:05.240] Black's Law Second and Bouvier's 1856 very clearly show that a citation is an order issued [09:05.240 --> 09:13.040] from a court of competent jurisdiction. It demands that the person named in the summons [09:13.040 --> 09:19.180] make an appearance at a specific time in a specific place to perform some specific act [09:19.180 --> 09:28.040] or to show good cause why he should not. Okay? Black's Law Sixth Edition now has added that [09:28.040 --> 09:34.480] a citation is issued by police officers for the purpose of getting the person to appear [09:34.480 --> 09:40.960] in court without actually having to physically take them into custody and before a magistrate. [09:40.960 --> 09:48.880] So what this means is, the legislature in their constitutional ineptitude have tried [09:48.880 --> 09:56.360] to take a judicial power and authority and assign it to an executive branch officer. [09:56.360 --> 10:05.880] They have tried to give law enforcement personnel the ability to issue a summons or citation [10:05.880 --> 10:11.800] in lieu of a court of competent jurisdiction. And the Code of Criminal Procedure is very, [10:11.800 --> 10:18.760] very clear on what that summons must be and who must issue it. It is called a capious [10:18.760 --> 10:25.000] warrant and a capious summons. And when you look those up in the Code of Criminal Procedure, [10:25.000 --> 10:31.600] it is very clear. It says that that can only be issued by a court of competent jurisdiction, [10:31.600 --> 10:38.780] one having jurisdiction of the offense. It can only be issued at the request of the attorney [10:38.780 --> 10:47.000] for the state. The court cannot issue it of its own accord. It must be requested by the [10:47.000 --> 10:56.160] attorney for the state. You find me a single municipal court or justice court magistrate [10:56.160 --> 11:04.000] that gets a request in writing from the prosecuting attorney before they issue a failure to appear [11:04.000 --> 11:11.460] warrant. I will almost bet you every dime I've got, it will not be found in the state [11:11.460 --> 11:18.180] of Texas. These judges think they can issue these things willy-nilly of their own accord [11:18.180 --> 11:22.960] and nobody has to be the wiser and nobody has to worry about the law. The judge wants [11:22.960 --> 11:28.160] it done, just do it. Now, considering that these things are also [11:28.160 --> 11:36.360] issued before an actual complaint has ever been filed, this judge has stepped off in [11:36.360 --> 11:43.320] a whole world of hurt. First, you have never been properly served to appear in court. The [11:43.320 --> 11:49.680] citation cannot be a proper summons for some of the reasons I just told you. It also cannot [11:49.680 --> 11:56.840] be a valid complaint because it is not sworn under oath as Chapter 45.019 Code of Criminal [11:56.840 --> 12:06.920] Procedure and 45.108 or 018 Code of Criminal Procedure requires it to be. So it is not [12:06.920 --> 12:14.640] sworn to. It is not requested by the prosecuting attorney. Now, here's the real kicker. There [12:14.640 --> 12:21.360] are a couple of different cases in Texas that have made it very, very clear that the capious [12:21.360 --> 12:30.520] warrant cannot be issued by the magistrate of the court presiding over the case before [12:30.520 --> 12:38.360] a finding of probable cause is found by a separate disinterested magistrate. [12:38.360 --> 12:45.400] Now, the reason for that should be obvious to most. It's so that the judge you have to [12:45.400 --> 12:52.680] appear before in court can't use the biasness of the probable cause determination to already [12:52.680 --> 12:57.640] find you guilty before you ever appear in this court for a trial on the merits or even [12:57.640 --> 13:04.120] for the so-called arraignment they have to give you. So there's a built-in protection [13:04.120 --> 13:11.840] there that the courts completely ignore, and that is written into that new motion as well. [13:11.840 --> 13:17.640] So as soon as I get feedback from Randy Kelton on that, that he believes everything in it [13:17.640 --> 13:22.800] will do exactly what we need it to do, we're going to start trying to use that motion in [13:22.800 --> 13:30.520] each new filing, and we're going to use it to try to quash outstanding warrants. And [13:30.520 --> 13:35.800] that would hopefully go a long way to alleviating some of this. Now, a lot of these legal documents [13:35.800 --> 13:42.120] I'm preparing, I will be putting into the material that I am taking before the legislature [13:42.120 --> 13:46.200] sometime before the end of this year or the very first part of next year, whenever we [13:46.200 --> 13:51.560] manage to get them to give us this meeting. But we're going to go through this piece by [13:51.560 --> 13:58.120] piece with all the legal arguments and documentation and show the legislature just where they have [13:58.120 --> 14:06.840] intentionally engineered denial of due process in Class C misdemeanor offenses. They have, [14:06.840 --> 14:15.680] in fact, engineered it into virtually every misdemeanor offense, but it is most prominent [14:15.680 --> 14:24.760] in the Class Cs. So this motion covers all that. It leaves no stone unturned. I'm sure [14:24.760 --> 14:31.840] there are ways to make it stronger, better, faster, and it not cost $6 million. But if [14:31.840 --> 14:38.080] we can get this done and get it built where they cannot ignore its content, where you're [14:38.080 --> 14:42.040] going to see one of two things happen. They're going to try to rewrite the entire Code of [14:42.040 --> 14:48.680] Criminal Procedure to take away all of the due process, or they're going to have to correct [14:48.680 --> 14:57.240] it so that everyone gets the same due process, and that it must comply with the Texas Constitution, [14:57.240 --> 15:04.900] which there are many provisions of that Code of Criminal Procedure that specifically violate [15:04.900 --> 15:14.480] the Texas Constitution. Perfect example, Article 26.04, appointment of counsel. Read that section [15:14.480 --> 15:22.440] in its entirety very carefully. You will see that the legislature has intentionally engineered [15:22.440 --> 15:29.200] Class C misdemeanor offenses to be completely denied assistance of counsel. They're charging [15:29.200 --> 15:35.180] you with a crime. They're treating you as if it's a crime, but they have legislatively [15:35.180 --> 15:42.960] denied you in the criteria of that section the right to assistance of counsel. There [15:42.960 --> 15:50.240] is no escaping it because it spells out very clearly who the only people are that the courts [15:50.240 --> 15:58.600] may appoint counsel for, and they specifically spell out which magistrates may appoint counsel, [15:58.600 --> 16:05.960] and justice of the peace and corporation magistrate are not in the list of judges that can appoint [16:05.960 --> 16:14.840] counsel. So this was an intentional act by the legislature to increase revenue by denying [16:14.840 --> 16:22.120] a constitutionally protected right. It's right there in black and white. So, folks, go take [16:22.120 --> 16:30.600] a look at it. It will absolutely anger you at what they did with that code section. There's [16:30.600 --> 16:37.760] no question. Okay. Our break is coming up. This is Eddie Craig, Debra Stevens, Rule of [16:37.760 --> 16:42.440] Law Radio. When we get back on the other side, we'll start taking some phone calls. Y'all [16:42.440 --> 16:45.560] just hang in there, and we'll catch you on the other side of the break. We'll be right [16:45.560 --> 17:02.240] back. [17:02.240 --> 17:05.640] Capital Coin and Bullion is your local source for rare coins, precious metals, and coin [17:05.640 --> 17:10.360] supplies in the Austin metro area. We also ship worldwide. We are a family-owned and [17:10.360 --> 17:14.560] operated business that offers competitive prices on your coin and metal purchases. We [17:14.560 --> 17:19.200] buy, sell, trade, and consign rare coins, gold and silver coin collections, precious [17:19.200 --> 17:23.880] metals, and scrap gold. We purchase and sell gold and jewelry items. We offer daily specials [17:23.880 --> 17:29.520] on coins and bullion. We are located at 5448 Burnett Road, Suite 3, at the corner of Burnett [17:29.520 --> 17:34.600] and Shellmark. And we're open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5. You [17:34.600 --> 17:41.320] are welcome to stop in our shop during regular business hours or call 512-646-6440 with any [17:41.320 --> 17:45.840] questions. Ask for Chad and say you've heard about us on Blue of Law Radio or Texas Liberty [17:45.840 --> 17:49.880] Radio. That's Capital Coin and Bullion at the corner of Burnett and Shellmark, and we're [17:49.880 --> 18:00.480] open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5. That's Capital Coin and Bullion 512-646-6440. [18:00.480 --> 18:05.800] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [18:05.800 --> 18:10.360] Stop debt collectors now with the Michael Mears proven method. Michael Mears has won [18:10.360 --> 18:15.800] six cases in federal court against debt collectors, and now you can win too. You'll get step-by-step [18:15.800 --> 18:21.120] instructions in plain English on how to win in court using federal civil rights statutes. [18:21.120 --> 18:25.880] What to do when contacted by phone, mail, or court summons. How to answer letters and [18:25.880 --> 18:30.280] phone calls. How to get debt collectors out of your credit report. How to turn the financial [18:30.280 --> 18:36.360] tables on them and make them pay you to go away. The Michael Mears proven method is the [18:36.360 --> 18:41.120] solution for how to stop debt collectors. Personal consultation is available as well. [18:41.120 --> 18:46.840] For more information, please visit RuleOfLawRadio.com and click on the blue Michael Mears banner [18:46.840 --> 18:56.280] or email MichaelMears at yahoo.com. That's RuleOfLawRadio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s [18:56.280 --> 19:07.000] at yahoo.com to learn how to stop debt collectors now. [19:07.000 --> 19:21.160] All right, folks. We are back. While we're waiting on folks to come on to the telephone [19:21.160 --> 19:26.320] lines here, I'm going to go ahead and I'm going to start going through 26.04 Code of Criminal [19:26.320 --> 19:32.560] Procedure. I want you to see exactly what we're talking about here. Article 26.04, Procedures [19:32.560 --> 19:39.120] for Appointing Counsel, Subsection A. The judges of the county courts, statutory county [19:39.120 --> 19:45.980] courts, and district courts trying a criminal case in each county by local rule shall adopt [19:45.980 --> 19:50.880] and publish written county-wide procedures for timely and fairly appointing counsel for [19:50.880 --> 19:56.800] an indigent defendant in the county arrested for or charged with a misdemeanor punishable [19:56.800 --> 20:04.160] by confinement or a felony. There's your first indication that Class C fine-only offenses [20:04.160 --> 20:12.000] are being denied assistance of counsel. It has limited to confinement or felony charges. [20:12.000 --> 20:23.400] The procedures must be consistent with this article and articles 1.051, 15.17, 26.05, [20:23.400 --> 20:31.400] and 26.052. A court shall appoint an attorney from a public appointment list using a system [20:31.400 --> 20:38.720] of rotation unless the court appoints an attorney under Subsection F, H, or I. The court shall [20:38.720 --> 20:43.560] appoint attorneys from among the next five names on the appointment list in the order [20:43.560 --> 20:48.360] in which the attorney's name appears on the list, unless the court makes a finding of [20:48.360 --> 20:53.560] good cause on the record for appointing an attorney out of order. An attorney who is [20:53.560 --> 20:58.720] not appointed in the order in which the attorney's name appears on the list shall remain next [20:58.720 --> 21:03.880] in order on the list. Now, let's back up for a second to these previously mentioned articles [21:03.880 --> 21:13.480] up here, article 1.051. This is under the rights of the accused, okay? Rights of the [21:13.480 --> 21:23.900] accused is 1.05, article 1.051. Now, let's look at 1.05, rights of accused. Specifically [21:23.900 --> 21:32.560] says exactly the same thing the Constitution in Texas says. In all criminal prosecutions, [21:32.560 --> 21:39.240] the accused shall have a speedy public trial by an impartial jury. He shall have the right [21:39.240 --> 21:45.480] to demand the nature and cause of the accusation against him and to have a copy thereof. He [21:45.480 --> 21:52.440] shall not be compelled to give evidence against himself. He shall have the right, the right, [21:52.440 --> 22:00.960] not the privilege, the right of being heard by himself or counsel or both, shall be confronted [22:00.960 --> 22:06.440] with the witnesses against him and shall have compulsory process for obtaining witnesses [22:06.440 --> 22:13.000] in his favor. No person shall be held to answer for a felony unless on indictment of a grand [22:13.000 --> 22:20.160] jury. That's the rights of the accused, folks. Did you not see the right to be heard by himself [22:20.160 --> 22:30.520] or by counsel or by both in all criminal prosecutions? Let's look at 051 now. Right to representation [22:30.520 --> 22:40.000] by counsel, again, a right. Subsection A, a defendant in a criminal matter is entitled [22:40.000 --> 22:48.640] to, now go to Chapter 311 Government Code, look up the definition of is entitled to. [22:48.640 --> 22:58.640] It specifically states, and is entitled to is a term that creates or recognizes a right. [22:58.640 --> 23:03.200] Subsection A, criminal matter is entitled to be represented by counsel in an adversarial [23:03.200 --> 23:09.240] judicial proceeding. The right to be represented by counsel includes the right to consult in [23:09.240 --> 23:14.400] private with counsel sufficiently in advance of a proceeding to allow adequate preparation [23:14.400 --> 23:21.400] for the proceeding. This is exactly the issue that Rothgarry v. Gillespie County was fought [23:21.400 --> 23:31.660] over in 2008, was the fact that they were denying representation of counsel at arraignments [23:31.660 --> 23:38.480] and they were doing so at the due process hearing, or probable cause hearing, I'm sorry. [23:38.480 --> 23:45.160] But the Supreme Court of the United States said, you cannot do that. Any proceeding dealing [23:45.160 --> 23:50.040] with the liberty or rights of the accused when the power of the state is brought to [23:50.040 --> 23:56.600] bear is an adversarial proceeding and your own law and constitution says they have the [23:56.600 --> 24:06.080] right to assistance of counsel. And yet, 26.04 is written to specifically remove that right [24:06.080 --> 24:14.160] for anybody being charged with a fine only or non-confinement type of offense, criminal [24:14.160 --> 24:20.960] or otherwise. Well, I'm sorry. There's no quasi-criminal in the Texas Constitution. [24:20.960 --> 24:26.680] There's no quasi-criminal in the Code of Criminal Procedure. There are no quasi-criminal crimes [24:26.680 --> 24:33.600] in the penal code. If you're calling it a crime, then I have the rights associated with [24:33.600 --> 24:41.440] a criminal proceeding. End of story. And Judge, when you refuse to interpret the statute to [24:41.440 --> 24:46.580] protect my rights under the Constitution, you are acting without authority. And when [24:46.580 --> 24:51.600] you are acting without authority, you are not protected from me planting a judicial [24:51.600 --> 25:00.920] boot up your behind. And I fully plan to do exactly that. [25:00.920 --> 25:06.620] We all need to be getting in this fight, people. Now, I've talked to several people over the [25:06.620 --> 25:12.960] past couple of weeks. And a lot of the things I hear, and I agree it's something we should [25:12.960 --> 25:18.040] be able to do, but it's something we're not going to try for the obvious reasons I'm going [25:18.040 --> 25:26.480] to state. We cannot and will not win these cases on the merits. Why? First off, we can't [25:26.480 --> 25:32.080] ever get to the merits. The court never obtains proper jurisdiction because the court never [25:32.080 --> 25:37.560] abides by the Constitution, it never abides by the Code of Criminal Procedure, and it [25:37.560 --> 25:44.080] never abides by the rights of due process belonging to the accused. There's no way to [25:44.080 --> 25:53.440] get to the merits. The court cannot respond to any motion other than a motion to dismiss [25:53.440 --> 26:02.360] when the court lacks jurisdiction. Anything the court does or did is null and void. They [26:02.360 --> 26:11.440] cannot do anything if they lack jurisdiction, period. We cannot win on the merits because [26:11.440 --> 26:20.120] the case never lawfully got to the merits. We need to keep that in mind. If we cannot [26:20.120 --> 26:27.760] hold them to the procedure the law requires them to go by, then who is the law breaker [26:27.760 --> 26:36.080] here? We study the law and determine that it does not say what they insist it does, [26:36.080 --> 26:41.280] and then we study the law and try to tell them it says, you shall do this, and they [26:41.280 --> 26:49.080] insist it doesn't. How is what they're doing any different than what we have been doing [26:49.080 --> 27:01.320] as far as saying that's not what it says? Somehow they all grant themselves more credence [27:01.320 --> 27:09.240] in what they proclaimed and what we proclaimed, and yet we can prove most attorneys couldn't [27:09.240 --> 27:17.720] find their butt with both hands and a forest ranger guide. They just couldn't. I've talked [27:17.720 --> 27:23.260] to too many. I've pointed out too many things, and they will find any point in any word they [27:23.260 --> 27:31.440] can to argue, but they will not address the straight merits of my point. When I was working [27:31.440 --> 27:37.520] as a computer consultant in Washington, D.C., I had the opportunity to have a meeting with [27:37.520 --> 27:45.640] the lead counsel for the Ways and Means Committee on Capitol Hill, and I mean I had every attorney's [27:45.640 --> 27:51.600] head in that office spinning around and staring in the door where we were because I was standing [27:51.600 --> 27:57.360] there going toe-to-toe with this guy telling him what a moron he was. He would read a portion [27:57.360 --> 28:03.520] of the statute on income taxes to me, and he would skip certain words as he came to [28:03.520 --> 28:09.320] them, and I'd go back, whoa, whoa, whoa, wait. You jumped over that word right there. Go [28:09.320 --> 28:13.360] back and read it with that word right there in it and tell me it does not alter the meaning [28:13.360 --> 28:18.720] of what you just tried to say it means. Oh, well, that was just a mistake. Let me try [28:18.720 --> 28:23.280] it again, and he'd go back and try to read it five different ways, five different times [28:23.280 --> 28:29.840] instead of the way it was written. That is an attorney, folks. That is a lawyer. That [28:29.840 --> 28:40.440] is a liar. They're all three synonymous. The problem is they're not just liars. They're [28:40.440 --> 28:47.400] moronic liars because they think everybody is stupid enough to buy their life. [28:47.400 --> 28:52.960] Some of us aren't, not anymore. We may have been at one time, but we no longer place faith [28:52.960 --> 28:59.340] in a system that we see tarnished beyond repair. Hopefully, you folks out there that listen [28:59.340 --> 29:05.280] to this program and all the people on this network have got your eyes wide open and are [29:05.280 --> 29:12.480] recruiting many, many more folks that will spend time trying to get their eyes uncovered [29:12.480 --> 29:19.920] and come out of the darkness of their cave. We need that in this country badly. If we [29:19.920 --> 29:27.080] can't get that, we may as well just jump ship now and start swimming before the suck hole [29:27.080 --> 29:31.720] that develops when it sinks takes us down with it. [29:31.720 --> 29:39.040] And I got news for you. I have never been the first one to abandon ship. I'm not starting [29:39.040 --> 29:44.440] now. All right, folks, about to go to another break. Y'all hang in there. This is Eddie [29:44.440 --> 29:48.880] Craig, Deborah Stevens, Rule of Law Radio. It is Monday night, traffic night. We will [29:48.880 --> 30:00.280] be right back. Please call in. 512-646-1984. [30:00.280 --> 30:03.680] Top Ten Reasons to Question the Official Story of the Oklahoma City Bombing, Reason Number [30:03.680 --> 30:07.600] Five. As witnessed by millions of viewers, the rescue efforts were interrupted several [30:07.600 --> 30:12.160] times due to the presence of other explosives. Government log entries indicate and witnesses [30:12.160 --> 30:16.720] report that after the initial devastating blast, a bomb complete with timer was discovered [30:16.720 --> 30:20.640] and removed from the wreckage by the bomb squad. Yet we are told it's all due to baseless [30:20.640 --> 30:24.720] bomb scares or other contravenances. So while officials try to sort out their stories, all [30:24.720 --> 30:29.120] we ask is who planted these bombs and why is the government lying about them? For more [30:29.120 --> 30:36.640] information, go to okcbombingtruth.com. Turnabout is fair play unless you're videotaping the [30:36.640 --> 30:42.240] cops. While police can freely film the public, citizens doing the same could wind up in handcuffs. [30:42.240 --> 30:46.480] I'm Dr. Catherine Albrecht, and I'll tell you more about policing the police in just [30:46.480 --> 30:51.840] a moment. Privacy is under attack. When you give up data about yourself, you'll never [30:51.840 --> 30:56.640] get it back again. And once your privacy is gone, you'll find your freedoms will start [30:56.640 --> 31:02.080] to vanish too. So protect your rights. Say no to surveillance and keep your information [31:02.080 --> 31:07.040] to yourself. Privacy, it's worth hanging on to. This public service announcement is [31:07.040 --> 31:12.480] brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, [31:12.480 --> 31:19.840] and Bing. Start over with Startpage. Filming the police could land you in the slammer. [31:19.840 --> 31:24.880] Case in point, Anthony Gruber. Arrested after posting footage of his speeding citation on [31:24.880 --> 31:31.040] YouTube, he faced a 16-year prison term for wiretapping. His footage featured a plainclothes [31:31.040 --> 31:35.680] state trooper jumping out of an unmarked car, screaming at Gruber and brandishing a gun [31:35.680 --> 31:41.040] before identifying himself. Gruber spent 26 hours in jail and had his computer seized. [31:41.040 --> 31:45.120] While his case was later thrown out of Maryland court, videographers in other states could [31:45.120 --> 31:50.240] be convicted. Documenting police practices empowers the people and should be legal. I [31:50.240 --> 31:55.440] say let the cameras roll. It might just put the civil back in civil servant. I'm Dr. [31:55.440 --> 32:21.920] Catherine Albrecht. More news and information at CatherineAlbrecht.com. [32:21.920 --> 32:27.760] All right, folks, we are back. We have a couple callers on the call board now. For those of [32:27.760 --> 32:31.440] you that are out there listening, please give us a call in if you have any comments or questions. [32:31.440 --> 32:38.080] The number is 512-646-1984. We've got Roy and we've got Michael, so let's go to Roy [32:38.080 --> 32:41.840] in Texas first. Ian and Roy, how are you doing? What can we do for you? [32:43.360 --> 32:50.320] Well, I guess my first question is once you've issued your ticket, what's the first thing you [32:50.320 --> 32:58.000] do? What's the first thing you do? All right. Well, provided you didn't get shot or bludgeoned [32:58.000 --> 33:03.200] to death at the stop initially, the first thing you're going to want to do is challenge the [33:03.200 --> 33:07.680] issuance of the ticket as a summons to appear. That's what this motion I was talking about [33:07.680 --> 33:15.280] that I've just sent to Randy for review deals with. It basically says I won't be appearing [33:15.280 --> 33:21.200] in your court because you people are stupid. You can't follow the Constitution or the laws [33:21.200 --> 33:26.400] of the state, and the legislature has tried to deny me and my due process rights, and here's [33:26.400 --> 33:33.200] why you can't do that, and here's the laws you're violating by trying to do that. So that's exactly [33:33.200 --> 33:38.240] what this first motion deals with. What is this, a challenge to jurisdiction? [33:38.240 --> 33:43.280] They're all virtually challenges to jurisdiction, but yes, this one is challenge to jurisdiction [33:43.280 --> 33:47.920] based on improper service, faulty summons, and improper complaint. [33:48.720 --> 33:52.080] All right. Now, is that setting you up to have a warrant issued? [33:53.520 --> 33:54.880] No. Well, the motion deals [33:54.880 --> 34:00.160] with exactly that as well. If the judge issues a warrant, you're going to go straight after [34:00.160 --> 34:04.560] the judge. I mean straight after. I don't think it would set you up to get a warrant [34:04.560 --> 34:11.440] as long as you file that challenge to jurisdiction on or before your appearance date. Like when you [34:11.440 --> 34:15.440] get a ticket, you sign that you promise to appear on or before a certain date. If you [34:15.440 --> 34:20.000] file this challenge to jurisdiction on or before that date, that counts as an appearance before [34:20.000 --> 34:27.200] the court. Well, here's the only thing, though. Once you read this motion, you will see very [34:27.200 --> 34:35.440] clearly that the ticket cannot lawfully operate as a promise to appear slash summons. It simply [34:35.440 --> 34:43.280] cannot. The KPS issued in the Code of Criminal Procedure says specifically that it can only be [34:43.280 --> 34:52.320] issued by the court, not an agent of the municipality or the county, but a court, and it can only be [34:52.320 --> 34:59.440] issued at the request of the prosecuting attorney. Right, but you still better file it before that [34:59.440 --> 35:06.000] on or before a date. But then you're going to dare the judge to issue that warrant because the [35:06.000 --> 35:10.080] moment he does, you're going to march right down, and I'm working on that right now, but you're [35:10.080 --> 35:15.920] going to march down and file a small claims lawsuit against that judge immediately. But again, if you [35:15.920 --> 35:21.280] file this challenge to jurisdiction on or before the appearance date that you sign on the ticket, [35:21.280 --> 35:25.520] you're likely not going to get a warrant. I mean you get a warrant when you don't appear. [35:25.520 --> 35:32.560] Right, but the problem is that the warrant cannot be issued for failure to appear if there's no [35:32.560 --> 35:39.840] valid promise. That's the whole issue. The ticket is not a valid promise. It meets none of the [35:39.840 --> 35:47.440] requirements Texas law has for either a complaint, a summons, or anything else. It absolutely doesn't. [35:47.440 --> 35:50.640] No, it doesn't, but the problem is that they're just going to issue a warrant for your arrest [35:50.640 --> 35:57.680] anyway if you don't file something by that initial date. I agree, that's what they're going to do. [35:57.680 --> 36:04.400] But personally, that's exactly why I would not do it. I would wait and let the judge step off [36:04.400 --> 36:10.240] in it up to his neck. Well, it depends on what you want your strategy to be. I mean personally, [36:10.240 --> 36:15.920] if it was me, I would file it before the on or before date of the ticket because I just wouldn't [36:15.920 --> 36:21.600] want to have to deal with the warrant and having to try to just, you're just adding another fight. [36:21.600 --> 36:26.160] Now in Eddie's case, he wants to add another fight. That's his business, but I mean it's up [36:26.160 --> 36:33.440] to each individual in that situation. But hopefully the inner beauty of this is that it can actually [36:33.440 --> 36:40.400] work to quash a warrant that already exists for the same reason. Once you point out that the basis [36:40.400 --> 36:47.680] for the warrant itself is faulty as a matter of law and they don't withdraw the warrant, [36:48.400 --> 36:55.520] they're already in a world of hurt because they are once again proceeding absent jurisdiction. [36:55.520 --> 37:00.560] The Code of Criminal Procedure says very specifically that the warrant is a separate [37:00.560 --> 37:05.360] misdemeanor offense irregardless of the status of the offense upon which it was issued. Well, [37:05.360 --> 37:12.800] there's a problem. If there was no valid complaint accompanied with a charging instrument [37:12.800 --> 37:19.120] granting the court the jurisdiction of that original offense, they have no authority to issue [37:19.120 --> 37:25.520] a warrant for failure to appear on that offense. That's the whole problem they have. [37:26.720 --> 37:27.920] Yes. Okay, Roy. [37:27.920 --> 37:37.360] I have four tickets in Austin that have gone to warrant. Okay, well once we get this motion [37:37.360 --> 37:44.000] approved, you can try filing this and fight it with that motion and see what happens with it. [37:44.000 --> 37:49.360] I can guarantee you they're going to ignore it, but it's going to open them up for you to [37:49.360 --> 37:54.640] go after them in a way they've never dreamed of. Yeah, Randy and I are looking it over right now. [37:54.640 --> 37:58.720] Okay, and how much longer before you guys will have that out? [38:00.640 --> 38:04.080] I'm not exactly sure, but it will be part of the traffic seminar materials. [38:04.880 --> 38:07.360] Okay. So folks who have already purchased [38:07.360 --> 38:12.640] the traffic seminar materials will get it as a free update, and if you don't have the traffic [38:12.640 --> 38:19.040] seminar, then you need to get the traffic seminar. Sorry folks, but we have to do something. I mean, [38:19.040 --> 38:27.200] we give, you know, 99.9% of our information away for free on the air and on emails, but I mean, [38:28.000 --> 38:31.920] if we give everything away for free, then we won't be able to afford to be on the air anymore. So we [38:31.920 --> 38:36.800] have to do something. Sorry folks, but we have to hold back a little bit in charge for it, or else [38:36.800 --> 38:43.760] we won't be able to afford to do this anymore. I bought the CD and the training seminar for the [38:43.760 --> 38:51.040] last session you guys had. Oh, okay. Well, then you'll get the update free then. And the UCC-1027? [38:51.760 --> 39:02.160] It's 1-308 now. Oh, okay. How does that work? It doesn't. Don't. Okay. All right. Makes sense. [39:03.680 --> 39:06.320] All right. Well, I'll let you get to your next caller. All right. Thanks, Roy. [39:07.520 --> 39:12.480] Okay. We're going now to Michael in Maryland. Michael, thanks for calling in. What's on your [39:12.480 --> 39:19.440] mind tonight? So I'm really eating this up. This is good stuff. Quick question. I presume that the [39:19.440 --> 39:25.120] vast majority of the codes that you've referenced and so on are specific to Texas or are you coming [39:25.120 --> 39:29.280] out of the federal code of criminal procedure or civil procedure? No, this is the Texas code [39:29.280 --> 39:35.120] of criminal procedure. My area of specialty is Texas law. I know a little about some of the other [39:35.120 --> 39:41.120] states, but if you've tried muddling through some of these state codes, you'd find out very quickly [39:41.120 --> 39:46.720] you would have to be somebody with a brain the size of a small Toyota in order to absorb it [39:46.720 --> 39:50.320] and comprehend it all the way they've got them mish-mashed in a lot of these places. [39:50.320 --> 39:56.000] Yeah. It's pretty pathetic. I've been looking through the michi.com, the online portal for [39:56.000 --> 40:04.960] Maryland through their rules of civil procedure and so on. But it's really hard even to find [40:04.960 --> 40:11.520] complaint defined or citation defined. I don't know. I probably ought to devote a full two days [40:11.520 --> 40:17.200] off work just to find it. It's pathetic. And I think the Bible speaks it well. You know, [40:17.200 --> 40:22.240] woe to your lawyers. I can't remember the exact quote, but I think you probably know the one I'm [40:22.240 --> 40:33.440] referring to where they've hidden the truth. So I was curious to know then when it comes to the [40:33.440 --> 40:40.640] initial motion that you're suggesting, the challenge to jurisdiction on the basis of an [40:40.640 --> 40:46.160] improper summons. That's what you're suggesting in your case in Texas? Yes. That's the beginning of [40:46.160 --> 40:52.240] it. Yes. Okay. Because I was based on conversations with you and Dr. Graves. I was minded to do much [40:52.240 --> 40:55.520] the same. I know we're coming up to a break, so cut me off if I don't hear the music. [40:57.040 --> 41:01.920] I was minded to do the same and have my very first motion be a motion challenging jurisdiction [41:01.920 --> 41:07.280] and requesting a motions hearing, I believe is what you all suggested last week. But I was curious [41:07.280 --> 41:15.040] whether the initial motion has to be limited or is best limited to one subject or whether you could [41:15.040 --> 41:20.720] combine or whether it's advisable to combine, like for example, the fact that they should really move [41:20.720 --> 41:24.960] to federal court because they're the ones bringing the so-called complaint, which is nothing more [41:24.960 --> 41:30.720] than a citation. And they're really coming with unclean hands basically because they stand to [41:30.720 --> 41:37.520] gain from a guilty verdict. Well, yes and no. Let's cover the basic parts of your question first. [41:37.520 --> 41:42.480] As far as the filing in federal court, it's a state issue under state law. Okay. Federal court [41:42.480 --> 41:47.680] would have no jurisdiction. Okay. But wouldn't they have jurisdiction if it boils down to a [41:47.680 --> 41:55.120] matter between the state itself and a citizen? No. Why would it? Because if the state is the [41:55.120 --> 42:01.280] one bringing the action. Unless the citizen is claiming a constitutional harm, no, federal [42:01.280 --> 42:08.080] court has no jurisdiction over state law or state constitution unless they are violating [42:08.080 --> 42:13.360] the constitution of the state or of the federal government. And only in some cases can they [42:13.360 --> 42:19.040] intercede if it's the state constitution. I see. And that would be if the rights in the state [42:19.040 --> 42:26.560] are equal rights in the Fed. Okay. But along those same lines, I mean, at the time that I put in the [42:26.560 --> 42:33.360] motion for challenging jurisdiction, what about issues that I would want to get straight up front [42:33.360 --> 42:39.520] like a demand for a court reporter, for any court proceedings, public, you know, for witnesses that [42:39.520 --> 42:45.040] I may want to bring in with me? Everything you do needs to be separate when it deals with a separate [42:45.040 --> 42:50.240] right or issue. Yeah, I kind of thought you were going to say that. Okay. You want a different, [42:50.240 --> 42:54.560] a separate motion for assistance of counsel. You want a separate motion for fair and impartial [42:54.560 --> 42:59.120] trial. You want a separate motion for discovery because those couldn't all be tied together [42:59.120 --> 43:05.760] anyway. Okay. You want a separate challenge to jurisdiction. And you want a separate [43:05.760 --> 43:11.520] jurisdictional challenge on every point on which you can challenge jurisdiction. I see. [43:11.520 --> 43:17.040] Like for instance, this one I'm talking about now is improper summons, but it takes that one issue [43:17.040 --> 43:22.640] of that summons and it drop kicks it three different ways, or actually six different ways. [43:23.440 --> 43:32.160] Is it a proper summons? Was it properly served? Is it a proper judicial process? And was it [43:32.160 --> 43:38.960] properly and lawfully issued by a court with jurisdiction? And was the arrest that preceded [43:38.960 --> 43:46.560] the issue into this document unlawful on its face? Because those are the primary issues. Okay. All [43:46.560 --> 43:50.400] right. We're about to go to break. Hang on, Michael. We'll get back to you on the other side. This is [43:50.400 --> 43:58.000] Eddie Craig, Deborah Stevens, Rule of Law Radio. Give us a call 512-646-1984 and we will be right [43:58.000 --> 44:04.160] back on the other side of the break. Attention. An important product from hempusa.org, micro plant [44:04.160 --> 44:09.760] powder, will change your life by removing all types of positive toxins such as heavy metals, [44:09.760 --> 44:15.200] parasites, bacteria, viruses, and fungus from the digestive tract and stomach wall so you can absorb [44:15.200 --> 44:21.280] nutrients. Micro plant powder is 89% silica and packed with a negative charge that attracts [44:21.280 --> 44:26.800] positive toxins from the blood, organ, spine, and brain. This product has the ability to rebuild [44:26.800 --> 44:32.160] cartilage and bone which allows synovial fluid to return to the joints. Silica is a precursor [44:32.160 --> 44:37.280] to calcium meaning the body turns silica into calcium and is great for the heart. 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Adaptogenic herbs serve as the healing component and organic hemp protein in greens and [45:34.240 --> 45:41.360] superfoods act as a balanced nutrient base. Plus centrician tastes great in just water. [45:42.080 --> 45:48.160] This powder supplement is everything you'd want in a product and it's all natural. Visit [45:48.160 --> 45:59.360] centrician.com to order yours or call 1-866-497-7436. After you use centrician you'll believe in supplements [45:59.360 --> 46:18.560] again. [46:29.360 --> 46:46.160] All right folks, rule of law radio, we are back. We're going to go ahead and finish up with Michael [46:46.160 --> 46:50.720] and then we're going to take Jesse, Jerry and we'll be with you in just a second guys so hang in [46:50.720 --> 46:56.560] there. All right Michael go ahead. Okay so I guess if you need to speak strictly of course as you [46:56.560 --> 47:01.920] would normally I guess in terms of Texas law but to the extent you're able to extrapolate out into [47:01.920 --> 47:06.640] what you've seen in other states or the federal rules that'd be great but I'm curious do you know [47:06.640 --> 47:11.280] if in civil traffic court because that's what I'm going to be in civil court district court civil [47:11.280 --> 47:16.320] civil law whether the traffic court still needs to inform you of the nature and cause and to prove [47:16.320 --> 47:21.680] any cause of action the elements of any cause of action you know I mean they always have to prove [47:21.680 --> 47:28.720] the elements of the charge civil is a different animal than criminal okay different set of rules [47:28.720 --> 47:36.560] different set of procedures however in a civil matter what's the point they have to raise what [47:36.560 --> 47:44.080] was it that bound you to a civil duty in the first place how did you become bound under a civil [47:44.080 --> 47:51.520] obligation to do something right that that was definitely one question I wanted to get to if it [47:51.520 --> 47:57.440] got that far is you know what what what did I sign that made me obligated you know who have I harmed [47:57.440 --> 48:02.480] you know show where's the corpus now harm would be a criminal act it wouldn't be a civil act [48:02.480 --> 48:08.000] unless it was just a tort action okay so understand the difference in the harm there [48:08.000 --> 48:15.040] there's tort harm there's criminal harm okay so always distinguish when you frame your question [48:15.040 --> 48:19.760] or your answer I see so I should ask it in the sense of what's where's the tort in my in my [48:20.800 --> 48:27.760] exactly behavior or my lack of behavior exactly where's the tort okay who claims harm [48:29.200 --> 48:35.520] for this tort who is coming after me because I violated some agreement with them that I would [48:35.520 --> 48:41.120] wind up in a civil tort action who's the complaining party with a sworn affidavit in other words more [48:41.120 --> 48:46.480] or less is that well here's the thing they're they're going to if they do it like most states [48:46.480 --> 48:52.400] they're either going to say it's the people or it's the state right but the problem is is where's [48:52.400 --> 48:58.000] your written agreement to be bound by such obligation with the people or the state in regards [48:58.000 --> 49:02.640] to this matter well I would just love for them to say it's your signature on your driver's license [49:02.640 --> 49:07.600] because I'm going to enter it into exhibit a into the record if it gets that far and say this right [49:07.600 --> 49:14.640] here says without prejudice ucc 1308 so well but there's another problem the fact of the matter is [49:14.640 --> 49:24.720] a driver's license is not cannot ever be a contract okay cannot be several reasons the very basic one [49:24.720 --> 49:32.240] being a driver's license is a contrived document it was not in the form it was in when you signed it [49:33.840 --> 49:39.200] there was no document with your picture on it none of the words on the document you signed are on the [49:39.200 --> 49:47.360] driver's license it was all contrived behind the scenes after the fact therefore it could never [49:47.360 --> 49:53.280] ever be a contract all right and it would need to be a contract for me to have committed a [49:53.280 --> 49:59.120] tortious offense correct that's correct in order for them to introduce your driver's license as [49:59.120 --> 50:05.920] that type of evidence that's exactly what it would have to be now at what point if at any point along [50:05.920 --> 50:10.880] the way would I want to seriously consider a cross complaint or whatever to the counter suit [50:11.520 --> 50:18.240] well you're in a civil matter so you are in the right venue for it and you want it but I'll give [50:18.240 --> 50:26.320] you a piece of advice okay right never attack the case on its merits why because 99.9 percent [50:26.320 --> 50:32.880] of the time the process that got you there is flawed they did not do something the law required [50:32.880 --> 50:40.560] them to do the way that was required to be done right that introduces fatal defects into the [50:40.560 --> 50:47.120] process most of the time if anything they did or did not do that they were required by law to do [50:47.120 --> 50:53.680] prejudiced any of your rights hampered your ability to receive due process or in any way [50:54.720 --> 51:01.920] worked against you then it is a complete and total reason to have the case thrown out [51:03.040 --> 51:12.960] okay it is a fatal flaw but you have to reserve your rights and protect your rights by objecting [51:12.960 --> 51:19.280] and stating why and the why means you've got to know what rule they broke and how they broke it [51:21.040 --> 51:26.480] that's where the reading research and dissection comes in and if you don't have the seminar material [51:27.440 --> 51:32.800] I honestly believe it would be worth it to you just for that because I go to great pains to try [51:32.800 --> 51:39.200] to teach people how to read and dissect the statute and trace down every element in it [51:39.200 --> 51:46.400] and every rabbit trail they put in them okay and that works in any state provided they actually [51:46.400 --> 51:55.040] have written laws in some way of referencing them well you've got a stacked call board I better let [51:55.040 --> 51:58.560] you go thank you all so much and I definitely look forward to downloading and listening to this one [51:58.560 --> 52:02.400] several times because I want to I want to get my motion in as soon as possible just like Devin was [52:02.400 --> 52:09.600] saying okay thanks Michael thank you okay we're going now to Jesse in North Carolina Jesse first [52:09.600 --> 52:16.640] time caller thank you for calling in what's on your mind tonight yes uh I'm 23 and it's now I'm a new [52:16.640 --> 52:21.920] caller and my mother just turned me on to listen you guys and uh I just got a question I was in a [52:21.920 --> 52:26.880] real bad car accident about three and a half weeks ago and I just now got out of the hospital a couple [52:26.880 --> 52:34.320] of days ago broke my hip left hip broke my right leg right arm and I uh they gave me a reckless [52:34.320 --> 52:40.080] driving charge and a no seat belt charge but I also have like a simple possession of marijuana [52:40.080 --> 52:47.760] charge from like a month and a half ago and paraphernalia and I just don't I'm disabled I [52:47.760 --> 52:53.520] lost my job when I had the car accident because I had to stay out of work and I'm just trying to [52:53.520 --> 52:57.520] figure out I mean is it would there be any way I'd be able to like push phone paying for these [52:57.520 --> 53:05.280] fines and stuff because man well you can you can always file a pauper's affidavit okay that's one [53:05.280 --> 53:12.960] thing and a pauper's affidavit simply states that I am I'm indigent I have no means to pay any fines [53:12.960 --> 53:19.360] fees or anything else in this matter the court's going to do one of two things as most courts have [53:19.360 --> 53:25.760] jurisdiction to do these one of two things they're still going to take you to trial they're still [53:25.760 --> 53:31.120] going to try to find you guilty of whatever they're charging you with and the judge is either going [53:31.120 --> 53:38.400] to sentence you to some sort of community service or payment plan or the judge is going to issue an [53:38.400 --> 53:48.000] order wiping out the obligation to pay uh that is at their discretion the issue here becomes [53:48.000 --> 53:53.840] the issue here becomes to you directly were you responsible for the accident [53:56.080 --> 54:02.880] and if you were then that's something that you need to consider about what the other party is [54:02.880 --> 54:10.000] going to be doing in this process because if they have good cause to show that you were actually [54:10.000 --> 54:16.880] at fault I can guarantee you some ambulance chasing attorney out there is hot on the heels [54:16.880 --> 54:21.600] of that other guy begging for their business to come after you [54:25.280 --> 54:30.320] yeah it was a one car accident it was by myself I just had two friends in the car what property [54:30.320 --> 54:38.080] did you damage public or private uh public I want to say what I hadn't had no you know [54:39.280 --> 54:43.680] I mean you didn't go flying through the side of somebody's house hit somebody else's car [54:43.680 --> 54:48.240] tear down somebody else's fence kill their dog or run through their chicken coop right [54:48.240 --> 54:53.600] so this is some backwoods road that's right next to my house that I travel every day I mean it's [54:53.600 --> 55:01.120] a 55 miles per hour but I was doing about 65 or 70 but what but when you got in an accident the [55:01.120 --> 55:09.120] question is was anyone else's property damaged I mean did you did you hit okay so what did you [55:09.120 --> 55:15.440] just flip the car and the only your car was damaged or did you hit a tree or what no tree [55:16.000 --> 55:22.160] nothing it was just like in a little clearing actually well if anything my car's parts was [55:22.160 --> 55:27.360] scattered across everywhere well what about the other people that were in the car with you they [55:27.360 --> 55:33.840] weren't injured yes ma'am they was uh that's what eddie is talking about outstanding to try to come [55:33.840 --> 55:38.720] after you as well then because they were in the car and under your care and protection that's what [55:38.720 --> 55:43.760] eddie's talking about ambulance chasing lawyers that are going to be hot on the heels of your [55:43.760 --> 55:49.360] friends to sue you if you want to know who your true friends are wait till they get the scent of [55:49.360 --> 55:54.880] money thrown at them by some shifty-eyed lawyer that can smooth talk them into anything promising [55:54.880 --> 56:00.000] glory and money oh yeah they said they already know they didn't talk to me straight up they [56:00.000 --> 56:08.800] was gonna sue my insurance company i mean oh uh well in a sense it's reasonable for them to sue [56:08.800 --> 56:14.000] your insurance company because you were driving or you were you were behind the helm of the wheel [56:15.200 --> 56:21.520] maybe you weren't driving uh unless they were paid passengers but if y'all were just traveling [56:21.520 --> 56:26.480] together then you are responsible for what happens to them while they're in your car and if they were [56:26.480 --> 56:32.480] injured then you are responsible for taking care of their medical bills now here here's the thing [56:32.480 --> 56:39.040] where texas law would have protected you in this case texas law has what's known as the guest statute [56:39.040 --> 56:52.560] versus the passenger rule and a passenger could sue you okay a guest could not except in a case [56:52.560 --> 57:02.400] where you acted completely criminally negligent and caused their injury no sir i did not there [57:02.400 --> 57:08.160] was actually a car that was on coming that was on you know that was over the yellow line and they're [57:08.160 --> 57:13.200] the ones that called the ambulance for us because they knew it was a bad wreck did you get information [57:13.200 --> 57:21.040] on that car license plate did anyone get information on it name of the other driver copy of their [57:21.040 --> 57:30.880] license number the car license number anything no i didn't have their license plate or nothing [57:30.880 --> 57:35.680] okay well see there there's the problem unless they gave their name to whoever they called on [57:35.680 --> 57:41.520] the phone to come out to the accident you're not going to have any way of going after that person [57:41.520 --> 57:46.480] for being the one that caused you to swerve in the road i have witnesses but i don't think [57:46.480 --> 57:51.600] well a witness isn't going to help you with anything if they're already saying they're going to sue you [57:51.600 --> 57:57.680] knowing you didn't cause the accident and if they don't have the license plate number or the name [57:57.680 --> 58:01.760] or anything like that you're the sitting duck here not the other guy because they didn't get [58:01.760 --> 58:04.880] any information either they were looking at him upside down just like you were [58:06.320 --> 58:14.560] yeah oh man i'm pretty much up great huh well it as you'll notice we're about to go to break [58:14.560 --> 58:18.320] but if you'll hang on jesse i'll pick this up and finish it within a couple minutes on the other [58:18.320 --> 58:23.600] side but it all really depends on how the lawsuit must be conducted in north carolina [58:23.600 --> 58:27.200] depending upon that we'll go from there but we'll cover on the other side if you have [58:27.200 --> 58:32.720] insurance though the insurance is going to have to pay not you that's why people get insurance [58:33.360 --> 58:38.560] well again that that's debatable that's what i want to cover on the other side okay all right [58:38.560 --> 58:41.920] just hang on the line jesse we'll finish up with you in a couple of minutes on the other side [58:41.920 --> 58:48.640] it's fine okay after that we've got jerry from texas tim from oregon sam and mark sorry we've [58:48.640 --> 58:54.720] got a full board of callers so please be patient don't hang up and we will take all your calls [58:54.720 --> 59:03.200] in this next hour this is the rule of law the bible remains the most popular book in the world [59:03.760 --> 59:07.440] yet countless readers are frustrated because they struggle to understand it [59:07.440 --> 59:14.000] some new translations try to help by simplifying the text but in the process can compromise the [59:14.000 --> 59:20.800] profound meaning of the scripture enter the recovery version first this new translation [59:20.800 --> 59:27.360] is extremely faithful and accurate but the real story is the more than 9 000 explanatory footnotes [59:28.000 --> 59:33.840] difficult and profound passages are opened up in a marvelous way providing an entrance into the [59:33.840 --> 59:39.200] riches of the word beyond which you've ever experienced before bibles for america would [59:39.200 --> 59:44.960] like to give you a free recovery version simply for the asking this comprehensive yet compact [59:44.960 --> 59:55.200] study bible is yours just by calling us toll free at 1-888-551-0102 or by ordering online [59:55.200 --> 01:00:07.120] at freestudybible.com that's freestudybible.com the non-profit organization iraq body count says [01:00:07.120 --> 01:00:13.680] the 400 000 war logs published saturday by wiki leagues show 15 000 more civilians were killed [01:00:13.680 --> 01:00:19.200] and previously recorded the u.s military has claimed it did not have statistics on how many [01:00:19.200 --> 01:00:24.480] iraqi civilians were being killed or injured critics say this was to try to play down protests [01:00:24.480 --> 01:00:32.320] against civilian loss of life as happened during the vietnam war chevron approved a 7.5 billion [01:00:32.320 --> 01:00:38.480] dollar plan to develop oil and natural gas fields in the gulf of mexico the largest investment since [01:00:38.480 --> 01:00:44.480] the obama administration ended its drilling ban the two fields located 280 miles southwest of [01:00:44.480 --> 01:00:52.320] new orleans contain an estimated 500 million barrels of oil regulators friday shot down seven [01:00:52.320 --> 01:00:59.040] banks bringing to 139 the number of u.s banks that have gone under this year the federal deposit [01:00:59.040 --> 01:01:04.320] insurance corporation took over the banks the largest of which was hillcrest bank in overland [01:01:04.320 --> 01:01:12.960] park kansas costing the fdic 329 million dollars the fdic expects to pay out 52 billion for failed [01:01:12.960 --> 01:01:20.880] banks between 2010 and 2014 the iraqi government says it will investigate whether employees are [01:01:20.880 --> 01:01:26.720] blackwater worldwide were involved in previously undisclosed killings that emerged from the release [01:01:26.720 --> 01:01:34.400] saturday of 400 000 war logs by wikileaks in addition to a notorious case in baghdad in 2007 [01:01:34.400 --> 01:01:40.560] when blackwater guards killed 17 civilians the bureau of investigative journalism says it has [01:01:40.560 --> 01:01:47.680] discovered 14 more cases when blackwater employees allegedly opened fire on civilians the war logs [01:01:47.680 --> 01:01:54.240] allegedly show a further 10 civilians were killed by blackwater now known as z services in the third [01:01:54.240 --> 01:02:00.240] of cases blackwater guards were protecting u.s diplomats when they opened fire the war logs reveal [01:02:00.240 --> 01:02:06.400] repeated cases when they shot at civilian vehicles that came close to their convoys on one occasion [01:02:06.400 --> 01:02:10.960] even shooting dead the driver of an ambulance who had attended the scene of a bomb attack [01:02:10.960 --> 01:02:18.800] three days after the u.s coast guard admiral in charge of the bp oil spill cleanup declared little [01:02:18.800 --> 01:02:25.520] recoverable surface oil remained in the gulf of mexico louisiana fishermen friday found miles long [01:02:25.520 --> 01:02:31.920] strings of weathered oil floating toward fragile marshes on the mississippi delta the discovery [01:02:31.920 --> 01:02:37.360] which comes as millions of birds begin moving toward the region in the fall migration could [01:02:37.360 --> 01:02:44.240] force reclosure of key fishing areas only recently reopened boat captains working the bp cleanup [01:02:44.240 --> 01:02:49.760] effort said they have been reporting large areas of surface oil off the delta for more than a week [01:02:49.760 --> 01:02:55.840] but have seen little response from bp or the coast guard one captain said some strips were 400 feet [01:02:55.840 --> 01:03:04.000] wide and a mile long this news brief brought to you by the international news net you are listening [01:03:04.000 --> 01:03:12.000] to the rule of law radio network at rule of law radio.com live free speech talk radio at its best [01:03:21.920 --> 01:03:25.520] it's all according to the will of the almighty [01:03:25.520 --> 01:03:31.760] me [01:03:46.960 --> 01:03:53.680] all right folks we are back rule of law radio 512-646-1984 please give us a call [01:03:53.680 --> 01:03:58.960] us know what you think about the show got any questions comments we're finishing up here with [01:03:58.960 --> 01:04:02.960] jesse in north carolina all right jesse let me give you a quick rundown here and we'll get [01:04:02.960 --> 01:04:07.920] you wrapped up what it really boils down to regarding your insurance company paying for [01:04:07.920 --> 01:04:13.520] anything at all whether it be your coverage or everybody else's it depends on how the laws [01:04:13.520 --> 01:04:18.400] on the insurance company are written in your state in texas for instance your insurance company can [01:04:18.400 --> 01:04:26.640] flat refuse to pay the other party at all and make them sue you it all depends on whether or not like [01:04:26.640 --> 01:04:31.760] here in texas you're not allowed to bring up the fact that you have insurance or that the other [01:04:31.760 --> 01:04:39.200] party has insurance you must sue the other individual not their insurance company that's [01:04:39.200 --> 01:04:46.400] problem number one if your insurance company refuses to pay you have to now sue your own [01:04:46.400 --> 01:04:53.280] insurance company to be covered under a policy you've been paying for that's problem number two [01:04:54.480 --> 01:05:00.480] problem number three is one of which you are already aware friends and enemies alike all smell [01:05:00.480 --> 01:05:05.360] the green in a case like this and you're going to find out who they are and who they aren't really [01:05:05.360 --> 01:05:12.560] fast oh yeah now sorry i have one more quick question see i'm disabled my mother can't lift [01:05:12.560 --> 01:05:18.400] me and my house is not handicapped accessible and i got to go to court in the morning is there any [01:05:18.400 --> 01:05:23.120] way because i mean i have to literally be lifted and carried because i lived on a dirt road [01:05:24.640 --> 01:05:28.880] and my stepfather will be at work by the time i have to get be you know getting ready to go [01:05:28.880 --> 01:05:33.040] to court is there any way i'll be able to get by that by making a phone call to somebody [01:05:33.840 --> 01:05:38.080] you can try calling down to the clerk of the court and asking for a continuance and tell [01:05:38.080 --> 01:05:43.280] them the reason is medical and statewide and see what the judge is willing to do normally you [01:05:43.280 --> 01:05:49.040] wouldn't need to file a motion asking for continuance like at least a few days before the [01:05:49.040 --> 01:05:55.440] court hearing yeah i was in the hospital i mean i had no way of you know i'm saying getting to [01:05:55.440 --> 01:06:01.360] the court getting away well you wouldn't need to go to the court you could you can have somebody [01:06:01.360 --> 01:06:10.000] else file the document is what i'm saying somebody else file the document yes all right okay but yeah [01:06:10.000 --> 01:06:14.160] now if the court hearing is in the morning it's too late for that you just need to call them [01:06:15.200 --> 01:06:20.720] i just need all right yeah i didn't know i was going to be in the hospital for so long [01:06:20.720 --> 01:06:25.200] now can i have someone to go up to the courthouse in the morning no you're going to have to call [01:06:25.200 --> 01:06:31.840] them the judge will not uh accept a call or listen to anybody else is because you're still in the [01:06:31.840 --> 01:06:37.840] hospital and incoherent otherwise you're out of the hospital he's going to want to hear from you [01:06:37.840 --> 01:06:42.880] or she's going to want to hear or an attorney that you hire if you had if you had legal [01:06:42.880 --> 01:06:46.560] representation they would listen to the attorney but you can't have a friend go [01:06:48.240 --> 01:06:54.240] but um it it depends on also if they're trying to charge you with criminal acts and so on and so [01:06:54.240 --> 01:06:59.600] forth especially anything that could wind up costing you your liberty and time in jail [01:07:00.560 --> 01:07:06.400] you still need to consider an attorney but you definitely need to know how to keep control of [01:07:06.400 --> 01:07:13.120] him and how to watch him if you don't you're going to get sold down the river that's a promise all [01:07:13.120 --> 01:07:17.760] right okay listen jesse we need to move on we got a lot of callers on the line yeah i really [01:07:17.760 --> 01:07:21.440] appreciate it guys okay sure you're welcome to call back we're on the air monday thursday and [01:07:21.440 --> 01:07:26.640] friday nights thank you okay thank you all right we're going now to jerry in texas [01:07:27.280 --> 01:07:32.080] jerry thanks for calling in what's on your mind tonight okay i got a question for adi here [01:07:32.720 --> 01:07:41.280] i had a comment uh on the open records act uh i was talking to randy earlier today and i kind [01:07:41.280 --> 01:07:48.080] of got confused maybe you can straighten it up for me uh this is on a case that occurred three [01:07:48.080 --> 01:07:55.600] years ago and all we wanted to do is go down and look at the records and see uh what was in there [01:07:56.400 --> 01:08:01.840] and they wouldn't let us look at it is there some does the open records act cover something [01:08:01.840 --> 01:08:08.320] like that or does it not uh it depends on what the records are you're trying to get access to [01:08:08.960 --> 01:08:15.040] well it's the records of what we filed in the case at the time that the trial before the trial and [01:08:15.040 --> 01:08:20.800] what occurred during the trial open records laws do not apply to the courts because the courts are [01:08:20.800 --> 01:08:27.360] already open you just go pull the file from the court from what's what we tried to do [01:08:27.360 --> 01:08:31.760] and they wouldn't let us look at them then you file criminal charges against the clerk of the [01:08:31.760 --> 01:08:37.840] court okay well then i think you're answering my question they didn't have any legitimate [01:08:37.840 --> 01:08:43.040] reason not to let us look at them they have to let anybody look at them that's what my [01:08:43.040 --> 01:08:48.080] understanding was but they wouldn't let us look at them no that's a crime that's what randy says [01:08:48.080 --> 01:08:54.480] about the moment they pull that stuff you call over security or whatever gun totem badge wearing [01:08:54.480 --> 01:09:00.080] individuals available and you tell them i would like to press a criminal complaint charge against [01:09:00.080 --> 01:09:07.520] this clerk for violating open records law in texas and denying us access to an openly public record [01:09:07.520 --> 01:09:13.760] well it's deny it's uh for denying the open court the the courts really don't fall under open records [01:09:13.760 --> 01:09:20.640] laws they're they are by necessity public already the courts are open all the records are already [01:09:20.640 --> 01:09:26.800] public they have to let anybody look at them anybody can go look at any case well that that's [01:09:26.800 --> 01:09:32.240] what exactly what my son did he went down and got a deputy sheriff and they wound up throwing him [01:09:32.240 --> 01:09:37.520] up throwing him out of the building well then they need he needs to press assault charges on the [01:09:37.520 --> 01:09:44.560] deputy sheriff as well well what we've done now is he has done it in writing and sent it in and [01:09:44.560 --> 01:09:50.880] then it says they have seven days to either answer it or tell you why they wouldn't answer it which [01:09:50.880 --> 01:09:55.520] i've talked with you about this before i think i know why they don't want anybody to look at it [01:09:55.520 --> 01:10:00.400] it's because we filed that bill for tickers in and uh they didn't want to answer that we put [01:10:00.400 --> 01:10:06.560] them in default with that well jerry wait a minute do you have file stamp copies of all the [01:10:06.560 --> 01:10:12.880] documents that you've already filed in the case well my son has got them somewhere i don't know [01:10:12.880 --> 01:10:18.480] if i can put my hands on them or not okay see this is this is a rule regarding any kind of [01:10:18.480 --> 01:10:25.120] case that anybody ever deals with you go file something you keep a file stamp copy you i mean [01:10:25.120 --> 01:10:29.920] a lot of times with the federal courts you do everything by mail with state courts municipal [01:10:29.920 --> 01:10:35.040] courts you go down there that's that's the way i found it works the best you take two copies of [01:10:35.040 --> 01:10:40.400] your motions with you you file one with the court which means the clerk keeps it you have the other [01:10:40.400 --> 01:10:48.320] one you have the clerk stamp it with their with the official clerk stamp and and initial or sign [01:10:48.320 --> 01:10:54.400] it and then you keep it and also every time i go down there i ask for copies of everything that's [01:10:54.400 --> 01:11:02.000] in the file other than what i have put in it myself every single time and so that way you keep a [01:11:02.000 --> 01:11:08.000] constant running update of what's in that file all the time and so that way if some documents end up [01:11:08.000 --> 01:11:15.920] coming up missing later on down the line then you have got strong evidence against the clerk of the [01:11:15.920 --> 01:11:20.400] court for removing documents from the file that have been filed and that's just the way you have [01:11:20.400 --> 01:11:25.520] to deal with these people because that's what they do you actually need to look under government code [01:11:25.520 --> 01:11:34.960] section 552.0022 sub item 12 it specifically states that without limiting the amount or [01:11:34.960 --> 01:11:38.800] count of information that is public information under this chapter the following categories of [01:11:38.800 --> 01:11:43.840] information are public information and not accepted from required disclosure under this chapter [01:11:43.840 --> 01:11:49.760] unless they are expressly confidential under other law sub item 12 final opinions including [01:11:49.760 --> 01:11:54.960] concurring and dissenting opinions and orders issued in the adjudication of cases and if you [01:11:54.960 --> 01:11:59.280] read down through there you're probably going to find a couple other things that apply to that as [01:11:59.280 --> 01:12:08.320] well okay but public information under 021 is available to the public at a minimum during the [01:12:08.320 --> 01:12:15.120] normal business hours of the governmental body without exception well that's what i thought too [01:12:15.120 --> 01:12:20.400] and well you may need to send other people down there you know if you really want to see sometimes [01:12:20.400 --> 01:12:24.960] you just have to start putting pressure on them get your friends get your family get a whole [01:12:24.960 --> 01:12:29.600] bunch of people going down there requesting the file after a while they're going to realize [01:12:29.600 --> 01:12:33.600] they're getting themselves into too much trouble and they need to just cough up the file well we [01:12:33.600 --> 01:12:40.240] have done it in writing now and had a notary stamp it and all this we've done it that way and [01:12:40.240 --> 01:12:48.640] uh the mississippi law says they have seven days to answer that or give you a statement as to why [01:12:48.640 --> 01:12:54.240] they that they wouldn't let you look at it that's typical open records but like i said in texas the [01:12:54.240 --> 01:12:59.760] courts do not fall under open records open records do not apply it's it's one of the rules of court [01:12:59.760 --> 01:13:04.160] that apply i forgot which one randy would be able to cite it if he was here yeah that's what randy [01:13:04.160 --> 01:13:10.240] was telling me today and that kind of confused me well that's because the open courts are already [01:13:10.240 --> 01:13:16.560] public okay courts do not fall under open records laws it doesn't apply because it doesn't need to [01:13:16.560 --> 01:13:23.360] they're already public okay and so all of that doesn't doesn't apply in this situation they're [01:13:23.360 --> 01:13:29.520] just straight up breaking the law yeah well what do you i know what your answer is going to be what [01:13:29.520 --> 01:13:35.120] you do when they break the law and then you go to get the chair and he breaks the law too no it's [01:13:35.120 --> 01:13:39.120] go to the grand jury against both of them go to the grand jury against both of them i would go [01:13:39.120 --> 01:13:45.680] to the district attorney um you just keep going to whoever i mean like i said if you keep sending [01:13:45.680 --> 01:13:50.960] more and more people to the courthouse demanding the file at some point they're going to realize [01:13:50.960 --> 01:13:56.320] there's a problem yeah and they're going to cough up the file well we think we know what the problem [01:13:56.320 --> 01:14:01.360] is they don't want anybody else to find out what we did using that bill of particulars and getting [01:14:01.360 --> 01:14:07.280] that uh prosecuting attorney into fault and everything just come to a screech and halt [01:14:08.160 --> 01:14:17.200] and oh by the way my comment to eddie i finally got that uh whole document the whole book copied [01:14:17.840 --> 01:14:22.720] about the how you use that bill of particulars and i mailed it to you but i mailed it to that [01:14:22.720 --> 01:14:28.240] nogginosa's address i don't know how long it'll take you to get it but it explains exactly how [01:14:28.240 --> 01:14:35.840] it works in there and like i said before i've used it a dozen times with myself and others [01:14:36.480 --> 01:14:43.840] and it shut them down every time every time all right well in the future jerry remember you go [01:14:43.840 --> 01:14:49.120] to file things with the court you get that file stamp copy of whatever you're filing you get it [01:14:49.120 --> 01:14:55.440] back in your hand before you leave before you even leave the desk and also you get copies of [01:14:55.440 --> 01:15:01.040] everything else that's in the file too that you haven't filed and that way you've always got a [01:15:01.040 --> 01:15:08.720] current running uh court a copy of what's in the in the court file yeah i always do and i did that [01:15:08.720 --> 01:15:13.920] time but i don't know what my son still has it he's moved a time or two and i don't know what he [01:15:13.920 --> 01:15:20.480] still has or not because this occurred three years ago nothing has happened since we filed all this [01:15:20.480 --> 01:15:26.560] stuff in they found him guilty and charged him thirty two hundred dollars but there's no warrant [01:15:26.560 --> 01:15:35.360] been issued uh the game and fish commission has a statute that says anytime a court finds you guilty [01:15:35.360 --> 01:15:42.720] of breaking one of those laws the court has 45 days to notify them of which on that particular [01:15:42.720 --> 01:15:49.280] offense he would have lost his license for a year he still gets his license nothing has ever been [01:15:49.280 --> 01:15:55.920] said about not paying the fine no warrant issues no nothing they didn't do anything and the best we [01:15:55.920 --> 01:16:01.840] can understand about it it was just a theatrical thing for all the other people in the courtroom [01:16:01.840 --> 01:16:08.800] to think make them think they throwed the book at him but they didn't do anything to him except [01:16:08.800 --> 01:16:15.280] say he's guilty yeah that's pretty typical let us look at the record and the only thing i can come [01:16:15.280 --> 01:16:22.320] up with they don't want anybody else to find out how we did that well you guys are keeping copies [01:16:22.320 --> 01:16:26.080] of your documents you file right well that's what he's saying he can't find them he doesn't know [01:16:26.080 --> 01:16:32.160] where they are uh i left my number in that stuff it is to give me a call i got something they [01:16:32.160 --> 01:16:36.640] talked to you about okay well just send me an email with your information jerry and i'll pick [01:16:36.640 --> 01:16:39.760] it up from there because as you said i don't know how long it'll be before i get that book [01:16:39.760 --> 01:16:43.680] but i put it in that stuff i mailed to you okay all right well we got to go now because we're on [01:16:43.680 --> 01:16:49.600] a break okay okay thanks jerry when we get back we got sam and then mark and then mike callers if [01:16:49.600 --> 01:16:56.560] you like to call in 512-646-1984 we will be right back this is the rule of law ruleoflawradio.com [01:17:00.080 --> 01:17:05.840] it is so enlightening to listen to 90.1 fm but finding things on the internet isn't so easy [01:17:05.840 --> 01:17:10.640] and neither is finding like-minded people to share it with oh well i guess you haven't heard of brave [01:17:10.640 --> 01:17:16.160] new books then brave new books yes brave new books has all the books and dvds you're looking [01:17:16.160 --> 01:17:21.440] for by authors like alex jones ron paul and george griffin they even stock inner food [01:17:21.440 --> 01:17:27.200] burkey products and calvin soaps there's no way a place like that exists go check it out for [01:17:27.200 --> 01:17:34.480] yourself it's downtown at 1904 guadalupe street just south of ut by ut there's never anywhere to [01:17:34.480 --> 01:17:40.080] park down there actually they now offer a free hour of parking for paying customers at the 500 [01:17:40.080 --> 01:17:47.520] mlk parking facility just behind the bookstore it does exist but when are they open monday through [01:17:47.520 --> 01:17:55.440] saturday 11 a.m to 9 p.m and 1 to 6 p.m on sundays so give them a call at 512-480-2503 [01:17:55.440 --> 01:17:58.400] or check out their events page at brave new bookstore.com [01:17:58.400 --> 01:18:07.520] capital coin and bullion is your local source for rare coins precious metals and coin supplies in [01:18:07.520 --> 01:18:13.440] the austin metro area we also ship worldwide we are a family-owned and operated business [01:18:13.440 --> 01:18:18.640] that offers competitive prices on your coin and metals purchases we buy sell trade and [01:18:18.640 --> 01:18:24.800] consign rare coins gold and silver coin collections precious metals and scrap gold we will purchase [01:18:24.800 --> 01:18:30.800] and sell gold and jewelry items as well we offer daily specials on coins and bullion we're located [01:18:30.800 --> 01:18:39.200] at 5448 bernet road suite 3 and we're open monday through friday 10 a.m to 6 p.m saturdays 10 a.m to [01:18:39.200 --> 01:18:47.680] 5 p.m you are welcome to stop in our shop during regular business hours or call 512-646-6440 with [01:18:47.680 --> 01:18:54.160] any questions ask for chad and say you heard about us on rule of law radio or 90.1 fm that's capital [01:18:54.160 --> 01:18:58.880] coin and bullion 512-646-6440 [01:18:58.880 --> 01:19:22.880] okay folks we're back [01:19:22.880 --> 01:19:30.400] i'd like to ask everyone to please support our sponsors please sign up for a subscription [01:19:30.400 --> 01:19:37.200] donation we need your support we are only operating off of your support and nothing else [01:19:37.200 --> 01:19:43.200] and the few loyal sponsors that we have chintrician please order chintrician off of our website [01:19:44.480 --> 01:19:48.800] less stress more energy you can click on the banner on ruleoflawradio.com [01:19:48.800 --> 01:19:54.640] jurisdictionary win your lawsuit without a lawyer the nuts and bolts the basics everyone needs to [01:19:54.640 --> 01:20:01.760] get jurisdiction jurisdictionary anyways eddie's traffic seminar one love kitchen [01:20:03.600 --> 01:20:09.920] okay what else go to go to our website ruleoflawradio.com and support please support [01:20:09.920 --> 01:20:16.080] our sponsors the michael mires method how to beat debt collectors and creditors how to clean up your [01:20:16.080 --> 01:20:22.400] credit reports and of course if you have any mortgage issues randy's remedies in real estate [01:20:22.400 --> 01:20:28.960] dot com remedies in real estate dot com please support our sponsor spokes and please sign up for [01:20:29.680 --> 01:20:36.080] a monthly donation subscription ten dollars twenty dollars a month whatever you can afford [01:20:36.720 --> 01:20:42.880] if all our listeners would just give us a few bucks a month you have no idea what where we [01:20:42.880 --> 01:20:48.080] could take this network we need to get this message out to more people and i need more help [01:20:48.960 --> 01:20:54.400] producing shows and running the board so folks please support ruleoflawradio.com all right we [01:20:54.400 --> 01:20:58.800] are going now to sam in texas sam thanks for calling in what's on your mind tonight [01:20:59.520 --> 01:21:05.840] uh thanks for having me um and uh i was just wondering i heard you saying about supporting [01:21:05.840 --> 01:21:17.680] your sponsors which program would i get if i had uh several years ago i was uh i guess arrested [01:21:17.680 --> 01:21:25.760] for pi and the lawyer that i had a quote unquote court opponent uh lawyer said that it would be [01:21:25.760 --> 01:21:31.360] dropped and now all of a sudden i'm getting some letters in the mail from some company called [01:21:31.360 --> 01:21:40.720] calvary saying that i owe x amount of money for uh for the pi that doesn't make sense to me [01:21:41.520 --> 01:21:46.320] your court appointed attorney said that he worked something out with the prosecutor [01:21:46.320 --> 01:21:52.480] that the charges were being dropped yes do you have any documentation of that [01:21:53.600 --> 01:21:59.040] no i don't have you contacted the court to find out what the court record says on the subject [01:21:59.040 --> 01:22:05.360] i have not no i this is the first uh i've got the letter just recently and when is the last [01:22:05.360 --> 01:22:10.080] when is the last time you talked to this court appointed attorney oh the last time i saw him [01:22:10.080 --> 01:22:17.120] was that day he was like but i mean when was that like a three years ago two years ago i mean what [01:22:17.120 --> 01:22:24.080] when was the last time you talked to him yeah about three years ago and you didn't get any [01:22:24.080 --> 01:22:29.920] documentation you didn't get any papers from him at all no papers just from the court saying that [01:22:29.920 --> 01:22:37.440] i was released and everything they made me sign something he said uh oh it's okay uh just say no [01:22:37.440 --> 01:22:46.480] context and everything's all right and uh you know i had actually not shown up for a court for a [01:22:46.480 --> 01:22:56.240] previous charge of dwi and uh when they got me for pi then the whole i guess a snowball effect [01:22:56.240 --> 01:23:03.520] occurred and he said oh you know what uh the dwi you know all you're going to do is just get your [01:23:03.520 --> 01:23:09.280] license taken away from you you have to pay x amount of money and the pi don't worry about it [01:23:09.280 --> 01:23:17.680] yeah uh i played golf with the district attorney and uh we talked about your case and uh i got it [01:23:17.680 --> 01:23:24.000] all taken care of so i was like okay well if you played no contest that doesn't sound like you got [01:23:24.000 --> 01:23:29.440] it that doesn't sound like he got it all taken care of no contest is basically just throwing [01:23:29.440 --> 01:23:34.880] yourself on the mercy of the court it's worse than pleading guilty actually it is pleading guilty [01:23:34.880 --> 01:23:42.080] no contest simply means that i plead guilty but i asked the court for leniency that's all it is [01:23:43.840 --> 01:23:50.160] hmm therefore you were found guilty thanks to your so-called attorney yeah who said he was going to [01:23:50.160 --> 01:23:52.800] get you off the hook and then had you sign a no contest [01:23:54.880 --> 01:24:00.320] yeah so there's pretty much i have to pay this again man paid again what do you mean you already [01:24:00.320 --> 01:24:07.680] paid once well uh by going to jail they said that time served do you have a document that shows [01:24:07.680 --> 01:24:14.640] that you have time served no i don't well who told was this just a word of mouth thing that [01:24:14.640 --> 01:24:20.720] your attorney just told you that that the the whole fine was taken care of because of time served [01:24:21.360 --> 01:24:27.680] yes but you don't have any document that says the fine is taken care of because of time served [01:24:27.680 --> 01:24:30.400] no [01:24:34.720 --> 01:24:40.400] okay you need to be checking this position in the court record yeah you need to go get your file [01:24:40.400 --> 01:24:47.680] from the court do i get that from the municipal court or whichever court this case was involved in [01:24:48.880 --> 01:24:56.560] okay okay i tried to call them and well you need to go down there and get physical paper copies of [01:24:56.560 --> 01:25:03.760] everything in your file from that case and if there's nothing in there that shows that you [01:25:05.040 --> 01:25:11.360] that the fine is is taken care of due to time served then if i were you i would be calling [01:25:11.360 --> 01:25:17.280] back that quarter point attorney and saying excuse me why is this collection agency chasing me [01:25:17.280 --> 01:25:22.480] saying i owe money when you told me i had this fine taken care of because of time served [01:25:22.480 --> 01:25:30.080] what's up with that now if you if there is a piece of paper in your file that says time served then [01:25:31.040 --> 01:25:35.280] if i were you i would just send that to the collection agency and say i don't owe anything [01:25:35.280 --> 01:25:41.520] leave me alone well in actuality i would bait them into keep doing what they're doing check with the [01:25:41.520 --> 01:25:47.600] secretary of state see if they're registered as a third party debt collector in the state and when [01:25:47.600 --> 01:25:52.400] they're not beat the crap out of them with mike mirrors' debt collection well yeah you could do [01:25:52.400 --> 01:25:57.840] that too i mean it depends on who the debt collector is if it's a debt collector that is part of the [01:25:57.840 --> 01:26:04.320] state bureaucracy you cannot use the mike mirrors method if indeed they are a private third party [01:26:04.320 --> 01:26:08.880] debt collector then you can't but you have to be very careful because if it's the state itself [01:26:08.880 --> 01:26:15.920] that's going after you you cannot use the mike mirrors method because they don't fall on the [01:26:15.920 --> 01:26:21.440] the state entities are exempt from the fair debt collections practice act and the fair credit [01:26:21.440 --> 01:26:28.560] reporting act unfortunately okay okay so find out if it's the state itself that's actually going [01:26:28.560 --> 01:26:35.440] after you or or someone contracted you know by the state or if it's indeed a two third party debt [01:26:35.440 --> 01:26:40.320] collector but the first thing you need to do is get your file and find out what's in it if there's [01:26:40.320 --> 01:26:46.560] if there's nothing in that file that says anything about that the fee has has been taken care of due [01:26:46.560 --> 01:26:51.920] to time served then i would i would go ring that uh court appointed attorney's knack [01:26:53.280 --> 01:27:03.280] figuratively speaking that is uh so uh one quick question in that then uh how do i handle the [01:27:03.280 --> 01:27:10.320] uh you know if they were to say uh you know someone gets pulled over or something and they have no [01:27:10.320 --> 01:27:19.760] insurance uh i don't how does someone take care of that who do do i get eddie's seminar or do i get [01:27:19.760 --> 01:27:26.880] the jurisdictionary i just i'm limited in funds and i need i would like to know which one i would [01:27:26.880 --> 01:27:36.800] i would get to help me out with that eddie it to cover which aspect of this i guess this is a [01:27:36.800 --> 01:27:41.920] different question a whole different brand new scenario talking about what what someone who may [01:27:41.920 --> 01:27:47.920] have gotten a ticket because of uh failure to show proof of insurance well then yeah that's [01:27:47.920 --> 01:27:52.400] covered in the traffic seminar yeah that would be the eddie's traffic seminar you're in yeah [01:27:52.400 --> 01:27:58.640] you're in texas so yeah that would be covered there oh okay okay well thank y'all and uh y'all [01:27:58.640 --> 01:28:06.160] have a blessed evening okay thank you sam bye okay bye okay we are going now to mark in wisconsin [01:28:06.160 --> 01:28:08.960] mark thanks for calling in what is on your mind tonight [01:28:11.600 --> 01:28:12.960] mark in wisconsin [01:28:15.280 --> 01:28:19.840] well i heard clicks as i pushed the go live button so i have a feeling maybe mark hung up just as i [01:28:19.840 --> 01:28:24.080] went to him okay mark from wisconsin if you're out there listening i just try to take your call [01:28:24.080 --> 01:28:32.640] please call back in we've got now we've got mike in texas mike thanks for calling in what's on [01:28:32.640 --> 01:28:40.080] your mind oh hi um a couple quick questions um i've been coming up on trial again and i [01:28:40.080 --> 01:28:46.320] uh wanted to see what i needed to do to adopt all administrative remedies before so i could file a [01:28:46.320 --> 01:28:53.760] writ of mandamus and then you have to appeal you you would have you you the courts are [01:28:54.560 --> 01:29:02.880] loath to grant writs of mandamus unless you have proven that you have exhausted every administrative [01:29:04.000 --> 01:29:11.120] and and equitable remedy and so if you would have to actually go to trial and you would actually have [01:29:11.120 --> 01:29:18.400] to lose your case file for an appeal lose the appeal and before you do a writ of mandamus or [01:29:18.400 --> 01:29:27.200] they're not going to give it to you oh okay um okay um that sounds very good i i thought that [01:29:27.200 --> 01:29:35.200] i could apply for a writ of mandamus before no no no no no writ of mandamus is is an act of uh last [01:29:35.200 --> 01:29:40.480] resort trying to get the court to do something they're required by law to do and writ of mandamus [01:29:40.480 --> 01:29:45.680] is when you petition a higher court to order a lower court to do something and they don't like [01:29:45.680 --> 01:29:51.840] to do that unless you can prove that the lower court is totally out of line and that you've done [01:29:51.840 --> 01:29:56.960] every you've pursued every other remedy possible all right mike we'll we'll be right back hold on [01:30:00.400 --> 01:30:05.760] christ fed the multitude with only one loaf of bread poor people there's something for you [01:30:05.760 --> 01:30:12.400] austin's own caribbean one love kitchen on the banks of colorado river at 3109 east first street [01:30:12.400 --> 01:30:18.000] is where you find one love kitchen jerk chicken vegetarian restaurant monday through wednesday [01:30:18.000 --> 01:30:23.360] lunch and dinner five dollars friday and saturday we got late night with emperors town crew still [01:30:23.360 --> 01:30:29.040] five dollar plates jerk chicken and vegetarian place to beat one love kitchen austin texas [01:30:29.040 --> 01:30:35.760] uh could an id microchip cause cancer for a growing number of pets the answer tragically [01:30:35.760 --> 01:30:41.200] is yes triplated tumors have prompted a lawsuit against home again and calls to stop mandatory [01:30:41.200 --> 01:30:46.800] pet chipping laws i'm dr catherine albrecht and i'll be right back with the story your search engine [01:30:46.800 --> 01:30:52.240] is watching you recording all your searches and creating a massive database of your personal [01:30:52.240 --> 01:30:58.000] information that's creepy but it doesn't have to be that way startpage.com is the world's most [01:30:58.000 --> 01:31:03.200] private search engine startpage doesn't store your ip address make a record of your searches or use [01:31:03.200 --> 01:31:08.560] tracking cookies and their third party certified if you don't like big brother spying on you start [01:31:08.560 --> 01:31:15.040] over with startpage great search results and total privacy startpage.com the world's most private [01:31:15.040 --> 01:31:19.440] search engine andrea rutherford thought she was doing the right thing by having a home again [01:31:19.440 --> 01:31:24.400] microchip implanted in her cat bulkin but things changed when she found a lump growing around the [01:31:24.400 --> 01:31:30.080] chip the lump turned out to be fibrosarcoma a dangerous form of cancer fortunately bulkin [01:31:30.080 --> 01:31:35.840] survived after surgery chemotherapy and radiation now his owner is suing home against parent company [01:31:35.840 --> 01:31:41.040] merc for expenses and wants to alert others to the problem if your pet has a microchip check the [01:31:41.040 --> 01:31:46.320] implant site regularly for lumps have anything suspicious examined by your vent and if your pet [01:31:46.320 --> 01:31:53.040] is chip free keep it that way a collar and a tag never gave anyone cancer i'm dr catherine albrecht [01:31:53.040 --> 01:31:55.840] more news and information at catherinealbrecht.com [01:32:01.760 --> 01:32:04.560] yeah who you want to check who you take me for free totally [01:32:05.280 --> 01:32:08.320] who wants you i'm not free totally you can't chip me [01:32:10.400 --> 01:32:14.800] don't let them chip you in the morning chip you in the evening put a chip in your body [01:32:15.360 --> 01:32:20.400] and then when you go computer reading you can't hide me from nobody when you say [01:32:20.400 --> 01:32:25.680] chipping on your mouth chipping on your daddy chipping on your grandpa and the grammy chipping [01:32:25.680 --> 01:32:31.200] on me chipping on your baby chipping on your family whole family chipping on your dad and [01:32:31.200 --> 01:32:36.720] they get the wrong way chipping on the beef and you still go eat it chipping on the fish them [01:32:36.720 --> 01:32:44.960] all right we don't take any chips not in us not in our pets no mark of the beast around here [01:32:44.960 --> 01:32:52.160] because when their computer go and read e that means read it then you cannot hide from nobody [01:32:53.440 --> 01:33:00.240] pat i love pat our singer of our band three shoes posse three shoes posse.com and routeone.net [01:33:00.240 --> 01:33:06.640] about to release a double cd set for you guys all right we're talking to mike in texas and [01:33:06.640 --> 01:33:12.640] then we'll be moving on okay mike anything else well a couple quick things um i was wondering [01:33:12.640 --> 01:33:17.920] if i could follow a couple other remedies you had mentioned in the past filing judicial complaints [01:33:17.920 --> 01:33:24.880] and filing criminal complaints and regarding criminal complaints if i was able to get the [01:33:24.880 --> 01:33:30.480] clerk of court to sign a criminal complaint and put it in my docket um would that be any sort of [01:33:30.480 --> 01:33:38.720] incentive one you're not go to a notary at your bank where you can get it done for free and have [01:33:38.720 --> 01:33:44.320] them notarize your signature on the criminal complaint all that's required is that it be [01:33:44.320 --> 01:33:49.120] done before someone in texas authorized to administer an official oath and a notary is [01:33:49.120 --> 01:33:54.240] allowed to do that okay it doesn't have to be sworn out by a clerk of clerks clerk of court [01:33:54.240 --> 01:33:59.920] no it just has to be notarized okay and then i can put that in my docket and then see what [01:33:59.920 --> 01:34:05.040] you can go file it in the court yes but that's not necessarily filing a criminal complaint because [01:34:05.040 --> 01:34:10.560] in in texas criminal complaints are directed to be filed with magistrates or with state attorneys [01:34:10.560 --> 01:34:17.200] or with the grand jury not the clerk of the court what you do is you file them as you file [01:34:17.760 --> 01:34:23.680] copies of them attached to a motion in the court and you can move the court to read the [01:34:23.680 --> 01:34:30.320] following attachments however you want to do it and then in open court present the judge with [01:34:30.320 --> 01:34:38.080] the originals don't tell him what you're giving him just put them in a yellow envelope and just [01:34:38.080 --> 01:34:43.440] say i have information that is relevant to the case at hand baylor would you please give these [01:34:43.440 --> 01:34:47.760] to the judge or ask for permission to approach the bench and hand them to the judge yourself yes [01:34:47.760 --> 01:34:56.160] and then when the judge gets them he or she will probably tell you well uh mr mike uh the judges [01:34:56.160 --> 01:35:02.480] and municipal judges or district judges in the state of texas are not required to take criminal [01:35:02.480 --> 01:35:08.560] complaints and that's when you say no your honor however but magistrates are and that's a duty [01:35:08.560 --> 01:35:14.080] from which you may not shield yourself at the moment a judge sees a criminal complaint his [01:35:14.080 --> 01:35:19.760] magisterial duty is invoked all judges in the state of texas are magistrates and and i make [01:35:19.760 --> 01:35:26.480] that an actual point as soon as the envelope touches the judge's hands i state i hereby invoke [01:35:26.480 --> 01:35:31.280] your duties as a magistrate well you may want to wait until he actually opens it and looks at it [01:35:31.280 --> 01:35:40.160] because if he just sets it on the desk then he'll never know what it is oh he'll know because i [01:35:40.160 --> 01:35:45.920] follow that up with what it is now if you're in your possession judge do your duty okay mike [01:35:45.920 --> 01:35:51.680] anything else well one last quick question i'll try to make it real quick um i've done everything [01:35:51.680 --> 01:35:57.600] that i can think of to try to get them to disclose information regarding audio and video and they [01:35:57.600 --> 01:36:03.120] just absolutely refuse you're going to have to you're going to have to use discovery i use [01:36:03.120 --> 01:36:09.200] the scout well i don't i mean the civil discovery or um criminal discovery is it a criminal case [01:36:09.200 --> 01:36:14.400] it's a criminal case and it's criminal discovery there was a court order for the prosecutor to [01:36:14.400 --> 01:36:23.600] produce it and the prosecutor has um overtly then file a motion for sanctions and a motion for [01:36:23.600 --> 01:36:27.920] findings of contempt of court against the prosecuting attorney and not only that but all [01:36:27.920 --> 01:36:34.160] this is wrapped up with this corrupt court reporter who refuses to who still refuses to give you [01:36:34.800 --> 01:36:41.280] the transcripts by the date of the trial which has been continued by the way you have you sent [01:36:41.280 --> 01:36:48.000] a tort letter to the court reporter yet no i haven't okay that's you need to do that immediately [01:36:48.000 --> 01:36:54.880] you need to notify this court reporter that you intend to sue her immediately because you you [01:36:54.880 --> 01:36:59.600] have to wait a certain number of days after sending a tort letter before you can actually file suits [01:36:59.600 --> 01:37:05.920] so the sooner the better okay i've never done that before and i'm just nervous about that so [01:37:05.920 --> 01:37:12.400] it's just a letter just saying that that uh you are hereby notified that you are causing a harm [01:37:12.400 --> 01:37:18.240] to me you are inflicting a tort upon me you are refusing to give me the transcripts and there's [01:37:18.240 --> 01:37:24.480] no reason for it give me the transcripts before the trial or be sued that's all you have to say [01:37:24.480 --> 01:37:31.120] it's just it's just a letter saying that you intend to sue unless you you uh receive your remedy and [01:37:31.120 --> 01:37:37.360] and i always end my tort letters with the with a one-line sentence that says repair or be sued [01:37:37.360 --> 01:37:43.520] so you just ask for what you want do you demand what you want you you state the nature basically [01:37:43.520 --> 01:37:52.400] of how you are being harmed okay it's it's going to uh dramatically affect my ability to defend [01:37:52.400 --> 01:37:57.760] myself at my trial if i do not receive these transcripts you're required by law to give me [01:37:57.760 --> 01:38:03.120] the transcripts you're refusing to give me the transcripts give me the transcripts before the [01:38:03.120 --> 01:38:09.280] trial or you will be sued repair or be sued okay okay so it's pretty much that simple [01:38:10.000 --> 01:38:16.880] and send it certified mail okay all right thank you guys very much okay sure thing mike thank you [01:38:17.600 --> 01:38:25.040] okay we're going now to sheldon in south carolina sheldon thank you very much what's on your mind [01:38:25.040 --> 01:38:31.760] tonight hi i was um couple well it's been several months ago i was arrested saying that my license [01:38:31.760 --> 01:38:37.840] was suspended from a ticket that i had paid two years earlier and they said charging driving [01:38:37.840 --> 01:38:43.840] offense taking offense and i haven't got my license back since i've been charged i'm going to court [01:38:43.840 --> 01:38:50.400] next week they move my court date up and i had a charge in with uh driving second offense and [01:38:50.400 --> 01:38:57.840] there for me i asked during the first hearing about uh what is the subject matter jurisdiction [01:38:57.840 --> 01:39:03.440] he told me that the job the officer had it because he stopped me in the city so i asked [01:39:03.440 --> 01:39:09.520] what i said well we have continuous to uh for a jury trial now they're trying to intercept you [01:39:09.520 --> 01:39:17.600] every since hello yeah i'm trying to decipher exactly what we're talking about here [01:39:17.600 --> 01:39:24.960] okay you said you have a previous offense from what they um i was arrested driving home one day [01:39:24.960 --> 01:39:31.200] officer sent behind my car he looked at my bumper sticker and thought we might have went to the same [01:39:31.200 --> 01:39:38.240] college and he ran my name inside that my license was suspended so he pulled me over and told me [01:39:38.240 --> 01:39:43.040] arrested me i told him that this is a sign that's not a warrant he's still arresting me he's never [01:39:43.040 --> 01:39:48.800] read me no warranty rest of the friend in my car for a previous warrant he was coming home from work [01:39:48.800 --> 01:39:53.200] i told him i had a right to travel i told him all this stuff they still lock me up they kept me [01:39:53.200 --> 01:39:58.640] they locked me up from nine o'clock that morning to seven o'clock that night and i um i was trying [01:39:58.640 --> 01:40:04.960] to beat the charge with subject matter jurisdiction carcass delicti and stuff of that nature [01:40:06.240 --> 01:40:12.000] and i was trying to figure out i cannot find no soccer out of law you know basically telling you [01:40:12.000 --> 01:40:18.560] about the driving codes or anything of anything i was wondering how could i come about this or how [01:40:18.560 --> 01:40:26.720] could i do this how much time you got uh they moved it up to the third of november you ain't got enough [01:40:26.720 --> 01:40:37.280] time to read the title well basically speaking here if you are going to be doing things that's [01:40:37.280 --> 01:40:43.680] things that's going to put you in a fight you better already know how to fight yes [01:40:45.120 --> 01:40:53.200] okay that's just a simple rule of survival uh you don't do these things lightly and it's not [01:40:53.200 --> 01:40:59.680] going to do you any good to throw this information at a police officer one they don't know it [01:41:02.000 --> 01:41:04.960] sheldon sheldon there's a lot of background noise on your end can you move to a quieter [01:41:04.960 --> 01:41:10.720] location please well i think it worked a lot of part of that okay all right we're gonna have to [01:41:10.720 --> 01:41:18.080] mute you for a second go ahead eddie okay but in any case you don't have enough time to get all [01:41:18.080 --> 01:41:22.720] your ducks in a row here you're already talking about something that's already happened in the [01:41:22.720 --> 01:41:28.240] past that they're using to bring up now how now that you know all this how much time before you [01:41:28.240 --> 01:41:33.040] called us and since you found this out have you actually spent reading statute trying to find out [01:41:33.040 --> 01:41:38.720] what they're charging you with what the elements of the charge are i mean without knowing what [01:41:38.720 --> 01:41:44.640] you're fighting against and what framework it exists and rests upon you can't tear it down [01:41:45.600 --> 01:41:50.640] okay you're swinging a sledgehammer in the dark in the astrodome trying to knock it down [01:41:51.520 --> 01:41:58.160] and you're in midfield okay eddie you're just not going to hit anything [01:41:58.160 --> 01:42:04.000] and the amount of time you got left i don't know that if you can find a main support girder to whack [01:42:04.000 --> 01:42:11.280] away at that's the problem the thing with soccer a lot of the judges well masters whatever like [01:42:11.280 --> 01:42:15.200] expert judges over anything like that they just try to change the subject they're like you're not [01:42:15.200 --> 01:42:20.240] talking about anything well the problem is the judge can't answer your questions if the judge [01:42:20.240 --> 01:42:26.080] tries to answer those questions they're outside of his ability he cannot give legal advice or [01:42:26.080 --> 01:42:32.640] practice law from the bench legally some of them do but they're not allowed to by law [01:42:34.640 --> 01:42:39.600] now the problem here is you want to challenge it on jurisdiction what's your grounds what did [01:42:39.600 --> 01:42:44.560] they violate that deprived them of jurisdiction what gave them jurisdiction how did they get it [01:42:44.560 --> 01:42:48.480] is there any way you could file a motion for continuance to try to delay the trial [01:42:48.480 --> 01:42:51.840] he can file it but if he doesn't know what he's asking for and give him a good faith reason as [01:42:51.840 --> 01:42:58.400] to why they're not going to grant it yeah that's true well like i said there was no due process [01:42:58.400 --> 01:43:05.760] we would never read any okay what law supports your reasoning that you were denied due process [01:43:06.800 --> 01:43:12.880] sheldon's opinion is not law sheldon's hurt feelings about denial of due process [01:43:12.880 --> 01:43:18.480] carries no weight where's the law that supports your determination that's what you've got to hit [01:43:18.480 --> 01:43:25.840] them with if you can't do that like i said you're in midfield in the dark okay so light of travel [01:43:25.840 --> 01:43:30.880] any of that there's none that's going to work that's not a challenge of jurisdiction that's [01:43:30.880 --> 01:43:37.840] a challenge on the merits you don't attack merits first you attack how they get jurisdiction first [01:43:37.840 --> 01:43:46.000] you attack the process first they're not the same thing well i was looking over to see can i get [01:43:46.000 --> 01:43:51.760] back into thursday or friday okay call back in thursday sheldon okay thank you okay okay we'll [01:43:51.760 --> 01:43:56.160] be right back folks mark from wisconsin is next then joe from austin [01:43:58.320 --> 01:44:06.640] more energy stronger immune power improved sense of well-being how many supplements have you heard [01:44:06.640 --> 01:44:13.120] most of these benefits the team behind centrician believes that supplements should over deliver on [01:44:13.120 --> 01:44:20.400] their promises and centrician does just that 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mark thanks for [01:46:25.760 --> 01:46:32.480] calling back in what's on your mind thanks uh yeah sorry about hanging up on you uh eddie uh [01:46:32.480 --> 01:46:38.880] i'm calling about those uh five open carry guys in wisconsin who got arrested for uh for carrying [01:46:38.880 --> 01:46:46.720] uh weapons openly at a restaurant yeah uh i was is a ticket assigned is that signed under oath [01:46:48.160 --> 01:46:53.760] not that i'm aware of who's who's administering the oath i don't see two cops standing or going [01:46:53.760 --> 01:46:57.920] to do you hereby solemnly swear that all the facts contained in this citation are true and correct [01:46:57.920 --> 01:47:02.240] to the best of your knowledge and ability i don't recall ever seeing one of them do that [01:47:04.000 --> 01:47:08.240] okay all right is a citation a security instrument nope [01:47:10.800 --> 01:47:12.240] jeez i'm running out of charges [01:47:15.520 --> 01:47:22.160] and uh what the citation is at least as far as texas is concerned falsification of a government [01:47:22.160 --> 01:47:32.480] document misuse of a government document abusive process impersonating a judicial officer or other [01:47:32.480 --> 01:47:41.280] public servant all right uh we i've got false swearing as far as the ticket goes and and miss [01:47:41.280 --> 01:47:47.520] in and a couple types of misconduct and conspiracy there is no swearing a ticket is not sworn that's [01:47:47.520 --> 01:47:55.200] the whole point oh jeez what could i get if they did it in the complaint it's aggravated perjury [01:47:55.200 --> 01:48:02.480] not false swearing there is no penal offense for false swearing that i'm aware of if there is tell [01:48:02.480 --> 01:48:09.440] me where there is in wisconsin oh okay you're in wisconsin okay uh in that case you you may [01:48:09.440 --> 01:48:15.600] want to look and see if there is one for uh aggravated perjury because in a court document [01:48:15.600 --> 01:48:21.360] sworn under oath and penalty of perjury if that's swearing at least in texas law and i'm pretty [01:48:21.360 --> 01:48:27.120] sure it'd probably be the same there if the intent of that is to cause harm or to create the uh [01:48:27.120 --> 01:48:32.400] appearance that the other is required to act upon the information contained in the document [01:48:33.360 --> 01:48:38.800] and it is aggravated perjury okay here it says if they make or subscribe a false statement which [01:48:38.800 --> 01:48:43.440] she or she does not believe is true when such oath affirmation or statement is authorized or [01:48:43.440 --> 01:48:48.960] required by law or is required by any public officer or governmental agency as a prerequisite [01:48:48.960 --> 01:48:57.120] to such officer or agency taking some official action is guilty of false swearing okay so that [01:48:57.120 --> 01:49:04.000] the citation would be a false statement or maybe the police report no it can only be a false it [01:49:04.000 --> 01:49:12.720] may be a false statement but does it specifically say the statement must be sworn no you're sure [01:49:12.720 --> 01:49:20.160] there's no and or conjunctive or now listen honey we've got another statue called fraudulent [01:49:20.160 --> 01:49:27.200] writings that does uh say that it must be sworn they're they're similar but once one's uh taken [01:49:27.200 --> 01:49:33.600] from a uh a sworn signature and the other one yes from well but see the charge itself is what [01:49:33.600 --> 01:49:39.280] leads me to ask that question how can it be a fraudulent swearing if it's not a sworn document [01:49:39.280 --> 01:49:47.760] well that's a contradiction in terms uh-huh that's just what the statute says though i mean uh if they [01:49:47.760 --> 01:49:55.760] make uh oath affirmation or statement that's required by law uh and they know it's false then [01:49:55.760 --> 01:50:04.320] that's false swearing okay oath affirmation or statement required by law uh does the citation [01:50:04.320 --> 01:50:14.240] meet that criteria i'm going to bank the interpretation will be no i will bet you the [01:50:14.240 --> 01:50:25.680] criminal complaint does because it must be sworn to okay well now you may want to look and see [01:50:25.680 --> 01:50:34.880] falsification of a government document that would work for the citation we don't have that we've got [01:50:34.880 --> 01:50:41.600] uh fraudulent writings nine four three okay but if you're in if that one specifically says the [01:50:41.600 --> 01:50:46.160] document must be sworn that blows it out of the water right there yeah it must be signed under [01:50:46.160 --> 01:50:54.320] oath okay how about abuse of process uh i haven't been able to find abuse of process anywhere okay [01:50:54.320 --> 01:51:00.240] well just keep digging find anything you can related to any type of documentation falsification [01:51:00.240 --> 01:51:06.720] of a government document tampering with a government document uh abuse of process [01:51:06.720 --> 01:51:12.720] improper service of process any of those things that the officer shoulda coulda woulda done in [01:51:12.720 --> 01:51:19.840] accordance with law and failed to do okay and if he acted completely without authority then you go [01:51:19.840 --> 01:51:25.040] after him for assault of offenses now mark what's the whole deal with this with these five guys is [01:51:25.040 --> 01:51:31.760] wisconsin an open carry state yes wisconsin is an open carry state uh these men were issued obstructing [01:51:33.760 --> 01:51:38.800] two men were issued obstructing tickets because they refused to id themselves which they legally [01:51:38.800 --> 01:51:44.000] didn't have to do since they hadn't broke the law later on there were actually five subjects [01:51:44.000 --> 01:51:49.120] involved two were issued obstructing they were handcuffed uh falsely imprisoned and then later [01:51:49.120 --> 01:51:55.360] on the they withdrew the obstructing tickets and sent all five of them uh disorderly conduct tickets [01:51:55.360 --> 01:52:02.160] well i mean were they ever charged any offense directly related to carrying the weapons no see [01:52:02.160 --> 01:52:08.080] this is what's really scary to me deborah is because uh the chief of police and his uh his uh [01:52:08.080 --> 01:52:14.000] stupid da are trying to get get uh some sort of case law in there where they say if any person [01:52:14.000 --> 01:52:20.960] outside of a legal act is disturbed by your legal act you can be given a disorderly conduct well who [01:52:20.960 --> 01:52:27.840] was disturbed did the restaurant owner call the cops or what no a couple uh elderly women called [01:52:27.840 --> 01:52:34.080] the police and asked if it was legal they never said that they were disturbed oh boy well then [01:52:34.080 --> 01:52:38.960] they then the prosecution doesn't have a chance because they have to get statements from witnesses [01:52:38.960 --> 01:52:44.320] saying that they were disturbed they did they went back and they found witnesses uh detectives [01:52:44.320 --> 01:52:49.120] found some witnesses later on they went fishing for witnesses to see if they could find anybody [01:52:49.120 --> 01:52:55.520] who say they were said they were disturbed in it and i think they found some yeah but saying they [01:52:55.520 --> 01:53:01.280] felt disturbed is like saying that hurt my feelings sticks and stones may break my bones but words can [01:53:01.280 --> 01:53:05.360] never hurt me that's the whole problem with all these hate crimes laws well you can see you can [01:53:05.360 --> 01:53:09.120] see why this is so disturbing deborah because they're trying to get case law in the books [01:53:09.120 --> 01:53:14.960] right now that will segue into these hate laws yeah if someone even says anything that disturbs [01:53:14.960 --> 01:53:21.040] anyone else they could be given a disorder i know but but look at the definition of disturb i mean [01:53:21.040 --> 01:53:26.720] there is especially for public disturbance that i mean that to me just common sense would imply [01:53:26.720 --> 01:53:31.680] that there would have to be a ruckus of some sort not just somebody quietly sitting at their table [01:53:31.680 --> 01:53:37.120] brooding to themselves that they just don't like it okay they don't run on common sense in madison [01:53:37.120 --> 01:53:41.040] well that's what i'm saying you have to look up the legal definition of the term because usually [01:53:41.040 --> 01:53:47.520] a disturbance means that there is a physical disturbance it includes a loud and boisterous [01:53:48.160 --> 01:53:52.640] event right that's one of the elements and the other one is that someone was disturbed [01:53:52.640 --> 01:53:56.960] so they are missing the first element as far as i'm concerned okay well that was my point [01:53:56.960 --> 01:54:01.440] you i mean when i'm saying common sense i'm using common sense on what i've already researched in the [01:54:01.440 --> 01:54:06.960] word disturbance in law generally implies a physical disturbance of some sort not just somebody's [01:54:06.960 --> 01:54:13.600] getting their feelings hurt and here's the other thing too uh uh later on the uh the the chief of [01:54:13.600 --> 01:54:20.880] police implemented a policy that said that he wants uh anyone openly carried carrying uh accosted and [01:54:20.880 --> 01:54:27.840] checked for id and uh separated from their weapon da da da in contravention of the united states [01:54:27.840 --> 01:54:34.080] constitution the wisconsin constitution and opinion by his own attorney general who who put out an [01:54:34.080 --> 01:54:41.200] opinion that said openly carrying weapons is not i repeat is not disorderly conduct well there you [01:54:41.200 --> 01:54:48.640] go someone needs to file a suit against both this da and this chief of police directly for violations [01:54:48.640 --> 01:54:54.880] of the state and federal constitutions they need to file them under rico and under anything in the [01:54:54.880 --> 01:54:59.920] state that deals and goes toward organized criminal activity and violation of constitutional [01:54:59.920 --> 01:55:06.160] protection and what about malicious prosecution that is well not to mention official harassment [01:55:06.160 --> 01:55:11.200] there's nothing that they should not be attempting to prosecute in this situation this is malicious [01:55:11.200 --> 01:55:17.120] prosecution exactly you can use the chief's own documentation and policy to hang him out to dry [01:55:17.120 --> 01:55:24.720] uh and the statutes that i did find for that eddie are uh treason misconduct and conspiracy [01:55:24.720 --> 01:55:30.560] well now is this a the treason is this a state defined act of treason [01:55:31.840 --> 01:55:38.000] uh well disarming its citizens i mean no no no i'm not asking for what your opinion of what it is [01:55:38.000 --> 01:55:41.840] who defined the definition of treason you're going by the state or the federal [01:55:41.840 --> 01:55:48.400] i'm going by the state okay what does the state definition define treason as [01:55:49.200 --> 01:55:56.880] uh giving aid and comfort to uh enemies okay who are you going to prove is the enemy al-qaeda [01:55:58.160 --> 01:56:04.000] but there is no al-qaeda involved here well as well this is this is their dialectic and i can [01:56:04.000 --> 01:56:09.680] use it wait wait hold on you should be finding a statute dealing with sedition okay yes and also [01:56:09.680 --> 01:56:13.600] and also listen i really want to take joe we've got a little less than three minutes left [01:56:14.480 --> 01:56:20.000] mark can you can we can we talk about this some more on thursday sure okay great okay we're going [01:56:20.000 --> 01:56:24.240] to we've only got a couple minutes left joe from austin been holding for a long time joe what's on [01:56:24.240 --> 01:56:28.240] your mind we're trying to answer your questions quickly as possible guys the other day i overheard [01:56:28.240 --> 01:56:34.160] you say that on the mortgage crisis you're good with co-state to the federal and i was just going [01:56:34.160 --> 01:56:40.560] to ask you can we do that here in the neighborhood plan for the city of austin who allocated money [01:56:40.560 --> 01:56:46.160] funding for to fix homes but now they're taking the money back and giving it to somebody else [01:56:48.160 --> 01:56:53.920] the city of austin allocated money to give the money for the funding for remodeling the homes [01:56:53.920 --> 01:56:58.960] but now they're coming back and taking the money out of the pool did they issue it under a state [01:56:58.960 --> 01:57:04.720] uh rule or law or did they issue it under a federal well it's federal monies i believe but i'm just [01:57:04.720 --> 01:57:11.440] saying if it's federal monies then you can use whatever federal laws govern the distribution of [01:57:11.440 --> 01:57:17.280] that money if it's not federal money you're stuck with whatever the state law requirements are [01:57:18.320 --> 01:57:23.440] okay i don't understand how the federal government is giving the city money to renovate homes for [01:57:23.440 --> 01:57:27.760] better private property this doesn't make any sense to me well same way they're doing it a lot [01:57:27.760 --> 01:57:33.200] of other areas illegally what is up with that people's private property they need to be renovating [01:57:33.200 --> 01:57:39.680] their own property what's all this well there was a money that it was allocated already for the [01:57:39.680 --> 01:57:43.600] the purpose of remodeling homes but now they're taking the money out of the pool and taking it [01:57:43.600 --> 01:57:50.640] to some other neighborhood okay well again if this is federal then you need to look at possible [01:57:50.640 --> 01:57:58.160] possible possibly uh you know some kind of rico suit or some kind of fraud yeah you need to look [01:57:58.160 --> 01:58:04.000] at whatever the statutes are governing the specific act dealing with the allocation of those funds [01:58:04.000 --> 01:58:11.520] yeah federal you know theft of of federal funds something something like that okay quick announcement [01:58:11.520 --> 01:58:18.640] we're heading right over here on public street seven often okay great thank you joe okay folks [01:58:18.640 --> 01:58:22.880] we're at the end of the show we appreciate you listening please support our sponsors please we [01:58:22.880 --> 01:58:29.440] need your donations please and we'll be back on thursday night tomorrow night we've got iron and [01:58:29.440 --> 01:58:34.880] world report agenda 21 talk wednesday we've got richard reeves outside the box politics and of [01:58:34.880 --> 01:58:41.280] course free mine report the oklahoma boys we'll be back thursday night iron will report at six and [01:58:41.280 --> 01:58:47.040] then of course we'll be on at eight this is the rule of law rule of law radio.com we'll see you [01:58:47.040 --> 01:59:12.240] thursday.