[00:00.000 --> 00:10.580]  The U.S. Nuclear Regulatory Commission says the U.S.'s 104 licensed atomic power reactors
[00:10.580 --> 00:17.100]  are quote accidents in progress. The U.S. NRC also warned proposals to build a new generation
[00:17.100 --> 00:23.340]  of reactors were a recipe for bankruptcy. The report in response to Japanese-owned Westinghouse's
[00:23.340 --> 00:29.060]  building plans warned the containment design for the new reactors did not include a realistic
[00:29.060 --> 00:36.200]  analysis of their ability to withstand a direct hit by a jet aircraft. The head of Britain's
[00:36.200 --> 00:41.840]  armed forces, General Sir David Richards, says defeating Islamist militancy was quote
[00:41.840 --> 00:46.440]  unnecessary and would never be achieved. General Richards said the British military and the
[00:46.440 --> 00:54.120]  government had been guilty of not fully understanding what was at stake in Afghanistan. South Korea's
[00:54.120 --> 00:58.960]  Unification Ministry announced Monday the number of North Koreans defecting to the South
[00:58.960 --> 01:05.400]  as soared in the past few years. Approximately 10,000 have arrived since 2007. The border
[01:05.400 --> 01:11.320]  between the South and North is heavily fortified and almost all defectors travel via China
[01:11.320 --> 01:18.240]  where they risk repatriation because Beijing regards them as illegal immigrants. A Justice
[01:18.240 --> 01:23.560]  Department report obtained by the New York Times offers a detailed account of the CIA's
[01:23.560 --> 01:28.240]  efforts to protect Nazi war criminals in the U.S. and the role prominent members of the
[01:28.240 --> 01:35.000]  Nazi party played in the CIA's formative years. The Nazis were evacuated after World War II
[01:35.000 --> 01:40.160]  by the CIA through quote rat lines in Southern Europe allowing them to relocate in South
[01:40.160 --> 01:45.840]  America and in some cases the U.S. where they aided the agency during the Cold War. One
[01:45.840 --> 01:52.200]  such Nazi was Otto von Bolschweng who helped draw up plans for ridding Germany of Jews.
[01:52.200 --> 01:57.500]  Agency officials aware of his past debated whether to deny his Nazi affiliation or to
[01:57.500 --> 02:06.080]  quote explain it away on the basis of extenuating circumstances if von Bolschweng were outed.
[02:06.080 --> 02:11.800]  The 72 so called fusion centers in the U.S. designed to share data and head off terrorist
[02:11.800 --> 02:17.800]  attacks are worrying civil libertarians. The centers which have received 426 million dollars
[02:17.800 --> 02:23.480]  in federal funding since 2004 were designed as an early warning system against terrorist
[02:23.480 --> 02:28.360]  attacks but it turns out many of the centers have begun collecting and distributing criminal
[02:28.360 --> 02:33.880]  intelligence even of the most mundane kind. Civil liberties activists say the public is
[02:33.880 --> 02:39.520]  kept in the dark about what information they are gathering and what drives their priorities.
[02:39.520 --> 02:45.200]  Fusion centers don't conduct criminal investigations instead analysts who are borrowed from federal,
[02:45.200 --> 02:50.460]  state and local agencies dive into dozens of databases to develop threat assessments
[02:50.460 --> 02:57.460]  and make sense of emerging trends.
[03:50.460 --> 03:57.460]  Alright folks, that's it for today's video. I hope you enjoyed this video. If you did,
[04:20.460 --> 04:27.460]  please give it a thumbs up and subscribe to our channel for more videos like this.
[04:50.460 --> 04:57.460]  Thank you for watching and have a great day.
[05:20.460 --> 05:27.460]  Have a great day.
[05:50.460 --> 05:57.460]  Thank you for watching.
[06:20.960 --> 06:27.960]  Well first off, on the citation, it told me that I was to meet before the honorable judge
[06:28.460 --> 06:33.080]  at a PO box on or before a certain date and I said well that's odd, I don't think he's
[06:33.080 --> 06:39.600]  going to be there but I sure will be. So just as a measure of good caution, I went out and
[06:39.600 --> 06:44.520]  took a little video recording of myself in front of the PO box, you know, looked at my
[06:44.520 --> 06:47.880]  cell phone for the date and time because I don't know if that's available at this point
[06:47.880 --> 06:54.880]  in time but I hadn't covered myself with that regard and then proceeded to find the actual
[06:55.000 --> 07:00.640]  address for the JP court which I'm not saying that that was necessary but I'm choosing to
[07:00.640 --> 07:07.480]  go about this in a way that's not extremely adversarial. I'm trying to gain the cooperation
[07:07.480 --> 07:10.600]  of the court throughout this and my goal is not actually to get out of the ticket, my
[07:10.600 --> 07:16.880]  goal is to have them follow due process. So I proceeded onto the JP court where I refused
[07:16.880 --> 07:22.920]  to plea and the court was very confused by this, it's a JP court and back with nowhere
[07:22.920 --> 07:26.720]  so she was very confused by this and tried to explain the charge to me and I said thank
[07:26.720 --> 07:31.800]  you but your explanation is sufficient, I cannot plea. So she wrote down on her little
[07:31.800 --> 07:37.280]  paper, refuses to plea Durand's hearing. So I said well that's good enough, it's not
[07:37.280 --> 07:41.680]  exactly what I said but okay then I can't plea to something that I don't understand
[07:41.680 --> 07:48.680]  because it hasn't been clarified to me. So I promptly filed some motions prior to receiving
[07:49.480 --> 07:56.480]  anything from the judge which were motions for nature and clarification of the cause
[07:56.880 --> 08:01.920]  and a motion for discovery with regard to any complaints, indictments or information
[08:01.920 --> 08:08.920]  and evidence in the possession of the prosecutor. Now I could have filed about ten more motions
[08:08.920 --> 08:14.360]  and these two were actually provided in the traffic seminar materials and there were about
[08:14.360 --> 08:20.040]  ten more in the traffic seminar materials that I could have filed prior to going in
[08:20.040 --> 08:24.280]  but I just wanted to start simple and not say okay I can't plea until you tell me what
[08:24.280 --> 08:29.560]  I'm accused of and I want to see everything that you have that you have yet to file in
[08:29.560 --> 08:35.960]  the court record. So the day before the court hearing, went in and checked the court record
[08:35.960 --> 08:42.960]  and sure enough there was nothing in it besides a copy of the citation and my motion that
[08:45.880 --> 08:52.880]  I had filed. So okay there's no surprises here. Went in to court the first day and basically
[08:54.480 --> 08:59.480]  it was me, the JP and the prosecutor, there's no bailiff, there's nobody, it's a very simple
[08:59.480 --> 09:06.480]  courtroom and everybody's all happy to lucky good old boy network. So I presented my motion
[09:06.920 --> 09:13.920]  to clarify nature and cause and the judge granted, first off the prosecutor claimed not
[09:14.080 --> 09:19.400]  to have received it. Of course I sent it certified mail so I pulled out the certified mail receipt
[09:19.400 --> 09:25.900]  and both said oh well that was Carol, Carol's crazy or something or other, whatever they
[09:25.900 --> 09:32.480]  said, she must not have given it to me. Well that's baloney but okay. So I presented my
[09:32.480 --> 09:37.160]  motion then there on motion to clarify the nature and cause of the accusation against
[09:37.160 --> 09:43.520]  me and prosecutor read it, prosecutor had no difficulties or problems with it and the
[09:43.520 --> 09:48.360]  judge granted the motion. They then proceeded to tell me that the citation was sufficient
[09:48.360 --> 09:54.080]  to clarify the nature and cause of the charge against me. That is wholly insufficient to
[09:54.080 --> 09:58.960]  clarify the nature and cause of the charge against me because the motion you just granted
[09:58.960 --> 10:03.240]  states number one that it's in writing, number two that it's from the prosecutor, number
[10:03.240 --> 10:10.240]  three that it states these specific statutes that I am accused of violating. And he said,
[10:11.000 --> 10:17.400]  he rolled his eyes and said okay, okay and then very quickly regained his composure and
[10:17.400 --> 10:21.520]  went ahead and said all right well the prosecutor will send you that information, we'll go
[10:21.520 --> 10:25.800]  ahead and schedule another hearing. I said that would be great, thank you. I chose not
[10:25.800 --> 10:30.600]  to pursue my second motion that I had filed that the prosecutor had not received which
[10:30.600 --> 10:37.600]  was the motion for production of documents, indictments, information, complaints and evidence
[10:39.480 --> 10:46.640]  in the court record at that time. I went ahead and let it rest. So that was the end of that
[10:46.640 --> 10:51.640]  hearing. So most of the way towards the next hearing I got a letter from the prosecutor,
[10:51.640 --> 10:55.960]  from the judge that had three photocopied pages from the Texas Code of Transportation
[10:55.960 --> 11:01.920]  and another page scheduling another pre-trial hearing. I said well this is not a response
[11:01.920 --> 11:06.640]  to my motion, it may be an attempted response to my motion but it is not from the prosecutor,
[11:06.640 --> 11:10.680]  it is not signed, it does not specifically state a statute that I've been accused of
[11:10.680 --> 11:17.600]  violating, it states six and two haves statutes from the Code of Transportation. So I approached
[11:17.600 --> 11:24.120]  it as if it did not answer my motion but it was just a friendly gesture from the judge
[11:24.120 --> 11:30.280]  copying some pages out of the Code of Transportation and sending it my way. So I wrote him a nice
[11:30.280 --> 11:36.720]  little note back thanking him for those photocopied pages and included two motions that were a
[11:36.720 --> 11:43.480]  motion to compel the response to the nature and cause motion, basically restating the
[11:43.480 --> 11:49.760]  fact that I did not accept the court's response and a motion to compel the response to the
[11:49.760 --> 11:55.080]  production of indictments, information, complaints and evidence in the possession of a prosecutor
[11:55.080 --> 12:02.080]  since that motion had yet to be responded to. Went into court for that hearing and presented
[12:02.080 --> 12:08.320]  my motion to compel the nature and cause. The judge granted my motion to compel the
[12:08.320 --> 12:13.960]  nature and cause from the prosecutor. So now I have a granting of a motion for nature and
[12:13.960 --> 12:20.960]  cause and I have a granting for a motion to compel the nature and cause. Then I presented
[12:21.120 --> 12:26.000]  the motion to compel the production of documents and he said wait I don't remember granting
[12:26.000 --> 12:29.560]  this, let's go back to the original. Truth is he did not grant the original because I
[12:29.560 --> 12:36.560]  never presented it. So I went ahead and presented the original and interestingly enough he said
[12:38.600 --> 12:43.520]  well there's nothing in this court record except for the copy of the citation of your
[12:43.520 --> 12:47.920]  motion and I said your honor I'm aware of what's in the court record but just for the
[12:47.920 --> 12:52.920]  record you're stating, of course I'm not in the court of record but I'm practicing,
[12:52.920 --> 12:58.160]  I said you're stating there's no complaint in the court record. He said well the citation
[12:58.160 --> 13:02.680]  is a complaint and said your honor in the state of Texas the citation is wholly insufficient
[13:02.680 --> 13:09.400]  to stand as a complaint. Then he gave me this strange look and lo and behold the prosecutor
[13:09.400 --> 13:16.400]  of all people looks up and says your honor he's right, it's not sworn to. So the little
[13:17.360 --> 13:22.120]  tidbit with that story is if you go in and you don't go in with an adversarial, even
[13:22.120 --> 13:26.320]  though it's an adversarial situation and you have to protect yourself at all times,
[13:26.320 --> 13:30.560]  but I went in with a non-adversarial kind of a I'm going to smile and chuckle with
[13:30.560 --> 13:35.480]  them and be one of the good old boys with them then you might even get a little help
[13:35.480 --> 13:41.640]  from the other side of the aisle even if you don't think it's coming. So sure enough he
[13:41.640 --> 13:47.080]  granted the motion to compel the discovery not the motion to, I'm sorry he granted the
[13:47.080 --> 13:51.600]  motion for discovery, he did not grant the motion to compel because he had not previously
[13:51.600 --> 13:58.600]  granted the motion for discovery. So basically then as I'm leaving the courtroom he said
[13:58.800 --> 14:03.880]  no wait a minute you have yet to plea right and I said no I can't plea till nature and
[14:03.880 --> 14:07.880]  cause of the crime has been clarified and in the middle of my stating that he said no
[14:07.880 --> 14:14.880]  no no no I understand. Whereas there was a gentleman in opposition to that there was
[14:15.240 --> 14:20.080]  a gentleman two cases in front of me that I heard in there making a case and he had
[14:20.080 --> 14:24.720]  a very constitutional argument and he was better spoken than me he was better prepared
[14:24.720 --> 14:29.880]  than me. Yet he and the judge practically got in a fist fight over all of this stuff
[14:29.880 --> 14:35.000]  there was yelling back and forth it was a completely adversarial situation it was the
[14:35.000 --> 14:40.280]  judge was not going to let him get away with anything or even present anything because
[14:40.280 --> 14:45.160]  he was trying to remove his case and change venue to the Supreme Court and do some things
[14:45.160 --> 14:49.320]  like this and I'm not saying that that wasn't all legitimate and lawful action I'm saying
[14:49.320 --> 14:54.640]  it's so far out of the realm of what we do today that the judge is just going to put
[14:54.640 --> 15:00.320]  a stop to it and not allow anything to continue even if he has to break the rules to do it
[15:00.320 --> 15:04.360]  it's going to end up in a trial of a no vote it's going to go to the next level. But my
[15:04.360 --> 15:09.200]  point being when I said no I can't plea because I don't understand the charge of custody the
[15:09.200 --> 15:14.960]  judge accepted it when this gentleman said no I can't plea because something the judge
[15:14.960 --> 15:19.400]  said that's it I'm going to plea for you and he hands down his gavel and is yelling at
[15:19.400 --> 15:23.800]  him and it's all getting out of control in the court. So there's multiple ways to approach
[15:23.800 --> 15:33.520]  this and I am now in my first week after my last hearing and I have heard nothing from
[15:33.520 --> 15:39.800]  the prosecutor which includes I'm supposed to receive production of all complaints indictments
[15:39.800 --> 15:45.360]  information from the prosecutor and I have heard nothing from the prosecutor with regard
[15:45.360 --> 15:50.520]  to the nature and cause of the charge against me and I'm just in a holding pattern until
[15:50.520 --> 15:57.640]  I hear that. I haven't heard anything about month I'm going to file a few more motions
[15:57.640 --> 16:02.040]  probably one for sanctions against prosecution for not responding to prior motions of the
[16:02.040 --> 16:07.080]  order of the court and I'm probably going to file one for motion to dismiss for lack
[16:07.080 --> 16:13.280]  of complaint motion to dismiss for lack of information and go ahead and go in and present
[16:13.280 --> 16:19.840]  them in the most adversarial motion first so that they can see that thing no that's
[16:19.840 --> 16:25.400]  but then go ahead and get to the next one and say you know what he's had every chance
[16:25.400 --> 16:30.160]  to respond this guy was not just trying to get out of this he had this motion prepared
[16:30.160 --> 16:33.520]  and I did have the motion to dismiss straight from the traffic court.
[16:33.520 --> 16:39.200]  Hang on just a second we're about to go to break this is rule of law radio Eddie Craig
[16:39.200 --> 16:44.800]  Debra Stevens we are talking to Aaron folks if you will just hang on we will be coming
[16:44.800 --> 16:51.280]  back on the other side and if you want to call in it's 512-646-1984 we will be right
[16:51.280 --> 17:04.800]  back.
[17:21.280 --> 17:30.360]  We are located at 5448 Burnett Road, Suite 3 at the corner of Burnett and Shulmark and
[17:30.360 --> 17:35.800]  we're open Mondays and Fridays 10 to 6 Saturdays 10 to 5 you are welcome to stop in our shop
[17:35.800 --> 17:43.280]  during regular business hours or call 512-646-6440 with any questions ask for chat and say you've
[17:43.280 --> 17:48.080]  heard about us on rule of law radio or Texas Liberty radio that's capital coin and bullion
[17:48.080 --> 17:52.680]  at the corner of Burnett and Shulmark and we're open Mondays and Fridays 10 to 6 Saturdays
[17:52.680 --> 18:00.280]  10 to 5 that's capital coin and bullion 512-646-6440.
[18:00.280 --> 18:05.600]  Are you being harassed by debt collectors with phone calls letters or even losses?
[18:05.600 --> 18:10.200]  Stop debt collectors now with the Michael Mears proven method Michael Mears has won
[18:10.200 --> 18:15.280]  six cases in federal court against debt collectors and now you can win two you'll get step by
[18:15.280 --> 18:19.960]  step instructions in plain English on how to win in court using federal civil rights
[18:19.960 --> 18:25.480]  statutes what to do when contacted by phone mail or court summons how to answer letters
[18:25.480 --> 18:29.640]  and phone calls how to get debt collectors out of your credit report how to turn the
[18:29.640 --> 18:35.320]  financial tables on them and make them pay you to go away the Michael Mears proven method
[18:35.320 --> 18:40.960]  is the solution for how to stop debt collectors personal consultation is available as well
[18:40.960 --> 18:46.640]  for more information please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:46.640 --> 18:57.280]  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 at yahoo.com
[18:57.280 --> 19:12.240]  to learn how to stop debt collectors now.
[19:12.240 --> 19:30.960]  Claims
[19:30.960 --> 19:32.960]  And so they sleep beside.
[19:32.960 --> 19:37.960]  No matter what issues proceed, Lord, how they want, we can take it easy.
[19:37.960 --> 19:42.960]  They matter way too politically and then get here mad and angry.
[19:42.960 --> 19:47.960]  Let them not stand enough and fight and fight for the freedom and be free.
[19:47.960 --> 19:51.960]  Ponder like them love slavery and get hand out for the government.
[19:51.960 --> 20:01.960]  Look where we get, we ask the question. Do you want to get high? Don't have the answer.
[20:01.960 --> 20:10.960]  Don't think nobody. But we ask the question. Look where we get, and they don't have the answer.
[20:10.960 --> 20:12.960]  And so they sleep beside.
[20:12.960 --> 20:22.960]  They matter way too politically and then get here mad and fight for the freedom and be free.
[20:42.960 --> 20:49.960]  The lesson on court procedure, and basically it's going to be entitled,
[20:49.960 --> 20:52.960]  Things the Courts Do Illegally and How to Combat Them.
[20:52.960 --> 20:54.960]  That's basically what we're going to be talking about.
[20:54.960 --> 21:00.960]  We're going to be going through some of the Code of Criminal Procedure to show exactly what the rules are
[21:00.960 --> 21:07.960]  and exactly how these individuals violate them and how we're going to use that to hold them accountable.
[21:07.960 --> 21:10.960]  We're also going to be going into court procedure in general.
[21:10.960 --> 21:16.960]  We're going to be talking about how to cross-examine what's a leading question, what's not a leading question,
[21:16.960 --> 21:22.960]  how to recognize and object when the other party is introducing leading questions to their own witnesses,
[21:22.960 --> 21:24.960]  which is not allowed.
[21:24.960 --> 21:30.960]  Basically try to get you some of the same information and experience you would have to find out the hard way
[21:30.960 --> 21:32.960]  if you ever go to court.
[21:32.960 --> 21:35.960]  Now with that being said, let's get back to Aaron,
[21:35.960 --> 21:41.960]  who's going to complete the information he was giving us about what's going on with this case.
[21:41.960 --> 21:43.960]  Well, I was just wrapping up.
[21:43.960 --> 21:48.960]  Basically I've heard nothing in response from the prosecutor,
[21:48.960 --> 21:54.960]  and this is on either motion that's been granted and even the motion to compel the original motion.
[21:54.960 --> 21:56.960]  So I haven't sent in any form of plea.
[21:56.960 --> 22:04.960]  I do not intend to send in any form of plea until at minimum the charges against me have been clarified.
[22:04.960 --> 22:08.960]  And I've stuck to my guns, but I've done it very respectfully.
[22:08.960 --> 22:13.960]  And with that regard, I have a good rapport in the court.
[22:13.960 --> 22:18.960]  Even whenever the judge walked out of the room to photocopy some orders,
[22:18.960 --> 22:27.960]  the prosecutor and I were sitting there jiggering, jabbering back and forth about the different cases of the day,
[22:27.960 --> 22:29.960]  which is probably wholly inappropriate,
[22:29.960 --> 22:36.960]  but he's talking to me about the various things that are going on in the court because we have a rapport.
[22:36.960 --> 22:41.960]  And so I've been able to establish that, and I hope to leverage that as I go forward.
[22:41.960 --> 22:45.960]  It's going to give a little more credence to some of the things that I filed that say,
[22:45.960 --> 22:51.960]  hey, you know, he has had every response, every opportunity, Your Honor, to respond to this.
[22:51.960 --> 22:57.960]  I have given the motion for it, and first off, he was supposed to have it without ever me doing anything.
[22:57.960 --> 23:00.960]  Second off, I put in a motion to do it, and he said he lost nothing else.
[23:00.960 --> 23:04.960]  Third off, I put in a motion in court to do it, and you grant it.
[23:04.960 --> 23:10.960]  Fourth off, I put in a motion to compel in court, and you granted it, and he has yet to say anything.
[23:10.960 --> 23:18.960]  At this point, there's absolutely nothing that I can do to compel the prosecutor to go ahead and respond to these things.
[23:18.960 --> 23:20.960]  This case needs to be dropped.
[23:20.960 --> 23:25.960]  It's a shame that it has to be dropped from your perspective, from the prosecutor's perspective,
[23:25.960 --> 23:33.960]  that occasionally a case has to be dropped because of lack of due diligence on the part of the prosecutor.
[23:33.960 --> 23:40.960]  Well, the proper terminology there is, Aaron, is the case needs to be dismissed for failure to prosecute.
[23:40.960 --> 23:46.960]  And occasionally that has to happen in order to keep the prosecutor prosecuting.
[23:46.960 --> 23:48.960]  Right.
[23:48.960 --> 23:49.960]  So that's really it.
[23:49.960 --> 23:53.960]  I'm very pleased with the position that I'm in right now because I haven't been unreasonable.
[23:53.960 --> 23:55.960]  I do have a good rapport with the court,
[23:55.960 --> 24:00.960]  and the prosecutor can't even get his ducks in a row enough to respond to a single thing that I've sent out.
[24:00.960 --> 24:01.960]  Right.
[24:01.960 --> 24:06.960]  Now, Eddie, you were saying on the break you wanted to make a comment concerning the timeframe
[24:06.960 --> 24:11.960]  and the timeline of when Aaron should be filing his next set of motions.
[24:11.960 --> 24:15.960]  Yeah, there's actually several things in what he's brought up so far that I want to get through here real quick.
[24:15.960 --> 24:20.960]  Now, let's begin first with the first thing he brought up about knowing the nature and cause against him.
[24:20.960 --> 24:23.960]  Folks, it's written right into the Texas Constitution and the Bill of Rights
[24:23.960 --> 24:27.960]  that you have the right to know the nature and cause and to have a copy thereof.
[24:27.960 --> 24:33.960]  It is written right into Article 1.05 Code of Criminal Procedure under rights of the accused.
[24:33.960 --> 24:39.960]  In all criminal prosecutions, the accused shall have a speedy public trial by an impartial jury.
[24:39.960 --> 24:45.960]  He shall have the right to demand the nature and cause of the accusation against him.
[24:45.960 --> 24:47.960]  These are rights, folks.
[24:47.960 --> 24:48.960]  Okay?
[24:48.960 --> 24:51.960]  They're not just arbitrary arguments or a way to delay the trial.
[24:51.960 --> 24:54.960]  These are your due process rights.
[24:54.960 --> 25:01.960]  And any of them that you don't voice and demand will be walked right over the top of.
[25:01.960 --> 25:06.960]  And if you've ever been to these courts, you know exactly what I'm talking about.
[25:06.960 --> 25:09.960]  So you have to stand upon your rights and you have to voice them.
[25:09.960 --> 25:11.960]  I'm sorry, Judge, you can't do that.
[25:11.960 --> 25:13.960]  Okay?
[25:13.960 --> 25:16.960]  This article says I have the right to this information.
[25:16.960 --> 25:19.960]  The Constitution says I have the right to this information.
[25:19.960 --> 25:26.960]  Where does the court get off proceeding without providing me my due process right?
[25:26.960 --> 25:28.960]  And you have to stick to that.
[25:28.960 --> 25:33.960]  You don't have to be ugly about it, but you need to stand upon it and address it.
[25:33.960 --> 25:36.960]  Now, here's the other issue that he brought up,
[25:36.960 --> 25:42.960]  that the citation is the only document that's against him in the court record.
[25:42.960 --> 25:44.960]  Well, there's a problem with this.
[25:44.960 --> 25:49.960]  First thing is that there must be a signed and verified complaint made out by some party.
[25:49.960 --> 25:55.960]  The citation meets none of the criteria of a complaint under Texas law.
[25:55.960 --> 25:58.960]  The citation meets none of the criteria under Chapter 15,
[25:58.960 --> 26:05.960]  and it doesn't meet any of the criteria under 45.019 of the Code of Criminal Procedure.
[26:05.960 --> 26:06.960]  It's not sworn to.
[26:06.960 --> 26:11.960]  It doesn't have the statement on it that's required, so on and so forth.
[26:11.960 --> 26:14.960]  It's not signed under oath by the officer.
[26:14.960 --> 26:17.960]  Even if it had every bit of the statement that there is,
[26:17.960 --> 26:22.960]  the officer signed it on the side of the road all by himself.
[26:22.960 --> 26:29.960]  And I'm quite sure the accused is not capable or willing to administer the oath to make it verified.
[26:29.960 --> 26:33.960]  So right off the bat, the complaint does not suffice
[26:33.960 --> 26:38.960]  or the citation does not suffice as a complaint any way, shape, or form.
[26:38.960 --> 26:43.960]  The other problem they have to overcome, especially this is a justice court, isn't it, Aaron?
[26:43.960 --> 26:48.960]  Or is this municipal?
[26:48.960 --> 26:49.960]  Aaron?
[26:49.960 --> 26:50.960]  This is the J.P. court.
[26:50.960 --> 26:51.960]  J.P. court.
[26:51.960 --> 26:54.960]  2.05 Code of Criminal Procedure.
[26:54.960 --> 26:59.960]  It specifically states that in any county having one or more criminal district courts,
[26:59.960 --> 27:04.960]  an information must be filed in all misdemeanor cases.
[27:04.960 --> 27:07.960]  Well, there's no information filed either.
[27:07.960 --> 27:12.960]  That is the only document they have that can grant jurisdiction to the court to proceed.
[27:12.960 --> 27:18.960]  It's written right into Article 5, Section 12, Baker of the Texas Constitution.
[27:18.960 --> 27:21.960]  It's written right into the Code of Criminal Procedure.
[27:21.960 --> 27:28.960]  In fact, not only is it in 2.05, it's in 27.01, indictment or information.
[27:28.960 --> 27:35.960]  The primary pleading in a criminal action on the part of the state is the indictment or information.
[27:35.960 --> 27:40.960]  If those documents don't exist, the court lacks jurisdiction.
[27:40.960 --> 27:43.960]  There is no prosecution.
[27:43.960 --> 27:49.960]  The whole thing is a sham, and they will play it to the hilt if you let them.
[27:49.960 --> 27:50.960]  Okay?
[27:50.960 --> 27:52.960]  Don't let them.
[27:52.960 --> 27:59.960]  That's what we're all about here, teaching you what they're supposed to be doing and showing you where they aren't doing it.
[27:59.960 --> 28:05.960]  Now, Aaron was talking about if he doesn't hear from the prosecutor within the next few days or weeks,
[28:05.960 --> 28:09.960]  he's going to go ahead and file a motion to do something.
[28:09.960 --> 28:13.960]  I highly recommend you do not do this, and here's why.
[28:13.960 --> 28:19.960]  The one thing that you haven't mentioned, whether you did or not, and not having seen the paperwork,
[28:19.960 --> 28:22.960]  I'm going to assume for the moment that you didn't.
[28:22.960 --> 28:29.960]  Whenever you file a motion to produce or compel, you always put in a deadline date.
[28:29.960 --> 28:37.960]  This production must be done on or before 10 days from the date of the signed order or by this date of the month.
[28:37.960 --> 28:38.960]  Okay?
[28:38.960 --> 28:40.960]  Or so on and so forth.
[28:40.960 --> 28:49.960]  Without a deadline date, you can't hold the prosecutor in contempt of the order because he has no specified timeframe.
[28:49.960 --> 29:00.960]  However, once you've been given notice of another scheduled trial date and you get within 10 days of that trial date
[29:00.960 --> 29:08.960]  and he has not responded, now he's got a problem because you are required and allowed by law
[29:08.960 --> 29:16.960]  to have all responses in your possession no later than 10 days prior to any trial.
[29:16.960 --> 29:23.960]  You have to have any responses so that you know what to formulate your next position on when you go to trial.
[29:23.960 --> 29:30.960]  And in every case and instance I've seen in the code, that limit is 10 days.
[29:30.960 --> 29:37.960]  So if he has not replied with the proper information within that 10 days of going to trial,
[29:37.960 --> 29:40.960]  we need to call him on it then and there.
[29:40.960 --> 29:42.960]  Now you can go after him.
[29:42.960 --> 29:44.960]  All right, we have another break coming up.
[29:44.960 --> 29:51.960]  This is Eddie Craig, Deborah Stevens, Rule of Law Radio, 512-646-1984 if you want to call in.
[29:51.960 --> 29:52.960]  Please give us a call.
[29:52.960 --> 29:56.960]  We're taking questions tonight so come on in and call in.
[29:56.960 --> 29:59.960]  We'll be right back.
[29:59.960 --> 30:03.960]  Top 10 reasons to question the official story of the Oklahoma City bombing, reason number five.
[30:03.960 --> 30:09.960]  As witnessed by millions of viewers, the rescue efforts were interrupted several times due to the presence of other explosives.
[30:09.960 --> 30:14.960]  Government log entries indicate and witnesses report that after the initial devastating blast,
[30:14.960 --> 30:18.960]  a bomb complete with timer was discovered and removed from wreckage by the bomb squad.
[30:18.960 --> 30:22.960]  Yet we are told it's all due to baseless bomb scares or other contrivances.
[30:22.960 --> 30:28.960]  So while officials try to sort out their stories, all we ask is who planted these bombs and why is the government lying about them?
[30:28.960 --> 30:32.960]  For more information, go to okcbombingtruth.com.
[30:32.960 --> 30:35.960]  You've heard of hairspray, but how about DNA spray?
[30:35.960 --> 30:39.960]  It's a high-tech way to catch robbers, but down the road it could be abused.
[30:39.960 --> 30:45.960]  I'm Dr. Catherine Albrecht and I'll be back in a moment with what you need to know about aerosol microdots.
[30:45.960 --> 30:47.960]  Privacy is under attack.
[30:47.960 --> 30:50.960]  When you give up data about yourself, you'll never get it back again.
[30:50.960 --> 30:55.960]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:55.960 --> 30:57.960]  So protect your rights.
[30:57.960 --> 31:00.960]  Say no to surveillance and keep your information to yourself.
[31:00.960 --> 31:03.960]  Privacy, it's worth hanging on to.
[31:03.960 --> 31:10.960]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[31:10.960 --> 31:14.960]  Start over with Startpage.
[31:14.960 --> 31:22.960]  Exploding ink can cover thieves in a profusion of purple, but nowadays they need to look out for spray-on polka dots the size of pinheads too.
[31:22.960 --> 31:27.960]  The SelectiMark security system uses DNA spray on robbers as they make a getaway.
[31:27.960 --> 31:35.960]  The coating glows under ultraviolet light for weeks and police can identify the crime scene because the spray contains unique microdots.
[31:35.960 --> 31:40.960]  While it's currently used to nab criminals, the spray could be turned to other purposes.
[31:40.960 --> 31:45.960]  Imagine attending a political rally and later glowing under ultraviolet light at the airport.
[31:45.960 --> 31:48.960]  It could give a whole new meaning to the no-fly list.
[31:48.960 --> 31:51.960]  Maybe we should all be wary of DNA spray.
[31:51.960 --> 31:57.960]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:21.960 --> 32:26.960]  This person's a race for Mr. Bush.
[32:26.960 --> 32:31.960]  This person's a race for Dick Cheney.
[32:31.960 --> 32:34.960]  Well, I need a prosecutor to come and help me.
[32:34.960 --> 32:36.960]  Prosecute them wicked leaders, you see.
[32:36.960 --> 32:39.960]  They're all liars, they tell me.
[32:39.960 --> 32:41.960]  They're all liars, they tell me stories.
[32:41.960 --> 32:43.960]  I don't believe what they tell me.
[32:43.960 --> 32:46.960]  3% of Americans vote for Bush.
[32:46.960 --> 32:49.960]  So how the hell do you get the presidency?
[32:49.960 --> 32:52.960]  That's why we have a warrant for him.
[32:52.960 --> 32:54.960]  Everybody listen carefully.
[32:54.960 --> 32:56.960]  Listen to the words that the fish use for sea.
[32:56.960 --> 33:00.960]  This person's a race for Mr. Bush.
[33:00.960 --> 33:05.960]  This person's a warrant for Dick Cheney.
[33:05.960 --> 33:10.960]  This person's a race for Mr. Bush.
[33:10.960 --> 33:15.960]  This person's a warrant for Dick Cheney.
[33:15.960 --> 33:22.960]  This person's a warrant for Dick Cheney.
[33:22.960 --> 33:23.960]  All right, folks.
[33:23.960 --> 33:24.960]  We are back.
[33:24.960 --> 33:25.960]  Rule of Law Radio.
[33:25.960 --> 33:29.960]  Okay, Aaron, let's go on with the information we've got going here with you.
[33:29.960 --> 33:32.960]  Now, on the break, there were a couple things we were discussing.
[33:32.960 --> 33:39.960]  Would you please go ahead with the question or the information that we were talking about that you want to get on the air?
[33:39.960 --> 33:43.960]  Well, basically, my question at this point in time, I'm processing it a little bit.
[33:43.960 --> 33:47.960]  My goal here is, and this has been throughout the entire thing,
[33:47.960 --> 33:51.960]  is not going to get away with this crime of which I'm accused,
[33:51.960 --> 33:54.960]  although it hasn't been clarified what it actually is.
[33:54.960 --> 33:55.960]  My goal is not to get away with a crime.
[33:55.960 --> 33:57.960]  My goal is not to just get it dismissed.
[33:57.960 --> 34:05.960]  My goal is to have due process executed and practiced so that it's in place if I'm ever accused of something more significant.
[34:05.960 --> 34:12.960]  And I think it's because I've approached it with that regard that I do have a rapport with the court.
[34:12.960 --> 34:21.960]  But in that spirit of things, if I go to a trial on the merits and I lose that trial and it was a fair trial
[34:21.960 --> 34:28.960]  and it was a just trial and I actually am accused and guilty of committing a crime, that's okay with me.
[34:28.960 --> 34:30.960]  I don't care about $175.
[34:30.960 --> 34:33.960]  I'll probably pay the appeal bond and move on.
[34:33.960 --> 34:38.960]  But regardless, it doesn't matter to me that much if I'm actually found guilty of the crime.
[34:38.960 --> 34:41.960]  I'm more concerned about the due process issues involved.
[34:41.960 --> 34:50.960]  So what is my best route to get the prosecutor to file a complaint and the prosecutor to file an information
[34:50.960 --> 34:58.960]  and for us to go through all these procedures so that they practice due process so that I get due process?
[34:58.960 --> 35:01.960]  Well, this is the only problem I see with your question.
[35:01.960 --> 35:08.960]  That question is similar to asking how do I catch a bucket of water off of a waterfall.
[35:08.960 --> 35:11.960]  I mean, you can stick the bucket under the waterfall anywhere.
[35:11.960 --> 35:16.960]  What you can't guarantee is what's coming down with the water.
[35:16.960 --> 35:22.960]  So what you're saying here about wanting to get due process is perfectly understandable.
[35:22.960 --> 35:26.960]  How you control the court to get it, that's a whole other matter.
[35:26.960 --> 35:32.960]  It all depends entirely upon whether or not the judge's intent on following the law.
[35:32.960 --> 35:34.960]  That's always what it boils down to.
[35:34.960 --> 35:37.960]  How well does the judge know the law?
[35:37.960 --> 35:41.960]  How willing is the judge to uphold the law and to apply the law?
[35:41.960 --> 35:44.960]  That's always the problem.
[35:44.960 --> 35:52.960]  And there is no set way to introduce it to any given judge to make them see your point of view.
[35:52.960 --> 35:57.960]  They're either going to be open-minded and accept the fact that there's something they didn't know
[35:57.960 --> 36:05.960]  and didn't understand that they should have, or they're going to look at it as
[36:05.960 --> 36:09.960]  so he's proven that I've been doing something wrong,
[36:09.960 --> 36:15.960]  now I've got to cover my backside by not letting him make me look that way in open court.
[36:15.960 --> 36:16.960]  So I've got two options.
[36:16.960 --> 36:22.960]  I can dismiss and get him out of my hair or demand that the prosecutor dismiss and get him out of my hair,
[36:22.960 --> 36:26.960]  or I'm going to have to stomp on him to shut him up.
[36:26.960 --> 36:31.960]  Guess which one they choose the most often.
[36:31.960 --> 36:34.960]  And there's good reason for that from their point of view.
[36:34.960 --> 36:40.960]  You are a speed bump in the revenue generation chain.
[36:40.960 --> 36:47.960]  When they have to contend with people like you, it slows down their wheels of money-making.
[36:47.960 --> 36:54.960]  And considering that this is getting to be the major source of revenue for a lot of counties and a lot of cities,
[36:54.960 --> 36:57.960]  they don't take that well.
[36:57.960 --> 37:00.960]  Even if there's an honest judge sitting on the bench,
[37:00.960 --> 37:07.960]  he's being pressured to either get you out of the way so that they can go back to business as usual
[37:07.960 --> 37:11.960]  or to shut you up so that you don't disrupt business as usual.
[37:11.960 --> 37:15.960]  You're really between a rock and a hard place in a lot of ways.
[37:15.960 --> 37:20.960]  So I don't have a pat answer for you as to what the next best step will be.
[37:20.960 --> 37:24.960]  If you've established a rapport, you've maintained good terms,
[37:24.960 --> 37:31.960]  then by all means continue to do what needs to be done to maintain that without sacrificing your rights in the process.
[37:31.960 --> 37:38.960]  But that goes back to the next best thing you can do to ensure that happens when you're not in a court of record,
[37:38.960 --> 37:40.960]  which you're not, correct?
[37:40.960 --> 37:41.960]  That's correct.
[37:41.960 --> 37:42.960]  Okay.
[37:42.960 --> 37:47.960]  Is to make sure that you make a record by doing everything in writing.
[37:47.960 --> 37:53.960]  As long as you do it in writing, it cannot be denied that it was before the court.
[37:53.960 --> 38:04.960]  The court has no way to say, I was not aware, because you made every effort to make them aware.
[38:04.960 --> 38:07.960]  And that's really the only way we're going to be able to do this,
[38:07.960 --> 38:12.960]  is to build a record that they refuse to build because it's incriminating against them.
[38:12.960 --> 38:16.960]  So we're going to have to do it for them.
[38:16.960 --> 38:17.960]  All right.
[38:17.960 --> 38:20.960]  That's pretty much what I intend to do with my case.
[38:20.960 --> 38:28.960]  I am working really hard on the paperwork so that I can get in my car and have a lawsuit filed by Christmas.
[38:28.960 --> 38:35.960]  Now, Eddie, Aaron can still file a motion to dismiss at any point in time based on the fact that there's no information, no complaint.
[38:35.960 --> 38:36.960]  That's correct.
[38:36.960 --> 38:46.960]  He just can't ask for sanctions or file any motions regarding the prosecutor being in contempt of this order because there is no date on the order.
[38:46.960 --> 38:51.960]  However, there is a problem with doing that.
[38:51.960 --> 38:58.960]  If he does that, remember, they've got two ways to come at you for a period of time.
[38:58.960 --> 39:07.960]  Until the prosecution announces ready for trial or the statute of limitations runs out,
[39:07.960 --> 39:12.960]  they can file that information at any time through the course of the prosecution,
[39:12.960 --> 39:16.960]  as long as they have not gone to a trial on the merits.
[39:16.960 --> 39:30.960]  The problem is that the judge is holding hearings on motions that are not motions to dismiss when he hasn't any jurisdiction.
[39:30.960 --> 39:34.960]  So the judge is already in a catch-22 here.
[39:34.960 --> 39:45.960]  He is hearing motions that are not motions to dismiss when he has no jurisdiction to be hearing anything other than a motion to dismiss
[39:45.960 --> 39:51.960]  because there's no information filed in the court.
[39:51.960 --> 39:54.960]  So Aaron's got to win here.
[39:54.960 --> 39:58.960]  Just on due process alone, Aaron's already got to win.
[39:58.960 --> 40:01.960]  He just has to enforce it.
[40:01.960 --> 40:09.960]  And the best way to do that is to make them keep stepping deeper into the quicksand, Aaron.
[40:09.960 --> 40:14.960]  And by doing the written record as you're doing, by filing your motions,
[40:14.960 --> 40:21.960]  when you take it to appeal, you can move for sanctions against the lower court judge
[40:21.960 --> 40:28.960]  because he acted entirely without jurisdiction through the entire procedure.
[40:28.960 --> 40:31.960]  Now I have one question with regard to this, Eddie.
[40:31.960 --> 40:39.960]  Is a court or a judge directed to investigate jurisdiction or lack of jurisdiction
[40:39.960 --> 40:44.960]  when no motion challenging jurisdiction has been filed?
[40:44.960 --> 40:54.960]  The court, at some point, the court must establish it has proper jurisdiction of both the person and the subject matter.
[40:54.960 --> 41:03.960]  The fact that it does not get challenged directly as far as subject matter goes does not vest the court with jurisdiction.
[41:03.960 --> 41:14.960]  If the judge obeyed the law and knew the law, he would know the information was mandatory for him to have jurisdiction, would he not?
[41:14.960 --> 41:25.960]  So what you're stating is that whenever he opened up my file on the bench, the very first hearing that I was in front of him,
[41:25.960 --> 41:35.960]  he should have looked, discovered there was no indictment and no information, and he should have said this court lacks jurisdiction to continue.
[41:35.960 --> 41:36.960]  That's correct.
[41:36.960 --> 41:41.960]  He should have noticed there were three things that should have been in that folder and weren't.
[41:41.960 --> 41:49.960]  The citation, the signed and verified complaint, and the signed information by the prosecuting attorney for the state.
[41:49.960 --> 41:57.960]  Those three things were absolutely mandatory for him to achieve jurisdiction at all.
[41:57.960 --> 42:01.960]  And he should have established that they were missing.
[42:01.960 --> 42:04.960]  That's part of the court record that he's required to review.
[42:04.960 --> 42:08.960]  If the record's incomplete, the judge is required to know that.
[42:08.960 --> 42:14.960]  He doesn't need argument or presentation from either party to establish, wait a minute,
[42:14.960 --> 42:25.960]  you're telling me you want to prosecute somebody in my court when you have given me nothing to establish my jurisdiction to do that?
[42:25.960 --> 42:28.960]  See, this is the difference in a civil and a criminal.
[42:28.960 --> 42:34.960]  In the criminal, the prosecutor is required to establish the court has proper jurisdiction.
[42:34.960 --> 42:39.960]  He does that by the filing of an indictment or information.
[42:39.960 --> 42:43.960]  That was not done.
[42:43.960 --> 42:53.960]  In the civil, the moving party has to show why the court has jurisdiction to hear the cause, and they do it in their pleadings.
[42:53.960 --> 43:05.960]  Well, 27.01, the primary pleading of the attorney for the state in any criminal case is an indictment or information.
[43:05.960 --> 43:10.960]  The primary pleading is what sets forth the jurisdiction of the court,
[43:10.960 --> 43:17.960]  whether it be civil as the original complaint or it be the criminal as the indictment or information.
[43:17.960 --> 43:20.960]  Okay, then I have one more question.
[43:20.960 --> 43:25.960]  What is the judge guilty of by not verifying that the court record is complete
[43:25.960 --> 43:32.960]  and hearing motions other than motions to dismiss or even continuing it at all?
[43:32.960 --> 43:36.960]  He's got three charges against him immediately, but we're about to take a break.
[43:36.960 --> 43:38.960]  I'll cover those on the other side.
[43:38.960 --> 43:41.960]  This is Eddie Craig, Deborah Stevens, Rule of Law Radio.
[43:41.960 --> 43:43.960]  It is traffic time.
[43:43.960 --> 43:59.960]  Give us a call, 512-646-1984. We will be right back.
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[46:00.960 --> 46:18.960]  If you did not have any problems, were you going to look for one?
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[46:24.960 --> 46:33.960]  All right, folks, we are back.
[46:33.960 --> 46:35.960]  Rule of Law Radio.
[46:35.960 --> 46:37.960]  Jim and Stephen, we see you on the call board.
[46:37.960 --> 46:40.960]  So if you'll hang in there just a couple more minutes, we'll be getting right with you.
[46:40.960 --> 46:42.960]  We just need to finish up with Aaron.
[46:42.960 --> 46:48.960]  On the way to break, Aaron asked a question of what exactly are the charges that the judge could have
[46:48.960 --> 46:50.960]  pending against him at this point.
[46:50.960 --> 46:58.960]  Right off the bat, you've got abuse of official capacity 39.02 penal code and 39.03 official oppression.
[46:58.960 --> 47:04.960]  You also have misconduct in office, and if you really want to get heavy-handed,
[47:04.960 --> 47:08.960]  he's impersonating a public servant at this point.
[47:08.960 --> 47:13.960]  When he acts without official authority, he is not acting in an official capacity.
[47:13.960 --> 47:17.960]  He is impersonating someone with an official capacity.
[47:17.960 --> 47:22.960]  That could get really nasty, really fast for him.
[47:22.960 --> 47:27.960]  But those are the things that you could have hanging over his head.
[47:27.960 --> 47:30.960]  Okay.
[47:30.960 --> 47:33.960]  Well, Eddie and Deborah, I thank you so much for your time tonight
[47:33.960 --> 47:38.960]  and the opportunity to share and get feedback as to what's been going on.
[47:38.960 --> 47:42.960]  I just got to say that I could not have done it without the seminar materials.
[47:42.960 --> 47:47.960]  They really showed me the way, and it was far more than I have used
[47:47.960 --> 47:53.960]  and far more than I probably will ever use with regard to the number of motions
[47:53.960 --> 47:56.960]  and the kind of motions that were provided.
[47:56.960 --> 48:04.960]  And so the only thing that I can say that wasn't in there that I did end up filing was a motion for continuance,
[48:04.960 --> 48:08.960]  which is about as basic as you can possibly get, and a motion to compel,
[48:08.960 --> 48:14.960]  which is basically a rewrite with the word motion to compel in front of the other motion.
[48:14.960 --> 48:19.960]  So, you know, my work was minimal with all of this,
[48:19.960 --> 48:23.960]  and I just appreciate everything that you all have put together and everything you've done,
[48:23.960 --> 48:26.960]  and thank you for having me on tonight.
[48:26.960 --> 48:27.960]  Thank you, Aaron.
[48:27.960 --> 48:28.960]  Thanks.
[48:28.960 --> 48:29.960]  We're glad that it's of help.
[48:29.960 --> 48:33.960]  Glad that it looks like it's going to turn out to be a success.
[48:33.960 --> 48:34.960]  You know, I think so.
[48:34.960 --> 48:35.960]  Excellent.
[48:35.960 --> 48:38.960]  Okay, Aaron, we'll keep this posted.
[48:38.960 --> 48:39.960]  Sure thing.
[48:39.960 --> 48:40.960]  Good night, guys.
[48:40.960 --> 48:41.960]  All right, good night.
[48:41.960 --> 48:42.960]  Bye, Aaron.
[48:42.960 --> 48:43.960]  Okay.
[48:43.960 --> 48:46.960]  Now, once again, folks, tomorrow night from 6 to 9 down at Brave New Books,
[48:46.960 --> 48:51.960]  I will be giving a class on due process procedures,
[48:51.960 --> 48:55.960]  court procedures, and cross-examination and questioning.
[48:55.960 --> 49:01.960]  We will be going into some of the statutes specifically that are violated constantly
[49:01.960 --> 49:07.960]  and continuously by these officials in their courtrooms.
[49:07.960 --> 49:11.960]  We're going to go into exactly how they abuse your rights,
[49:11.960 --> 49:17.960]  how they walk roughshod over them at every opportunity because you don't know what they are.
[49:17.960 --> 49:20.960]  Well, we're going to go over them tomorrow night, so please be there.
[49:20.960 --> 49:22.960]  It's a $20 door charge.
[49:22.960 --> 49:25.960]  We're giving one tomorrow night from 6 to 9,
[49:25.960 --> 49:29.960]  and I'll be doing another one on the 27th from 3 to 6 in the afternoon.
[49:29.960 --> 49:33.960]  Again, each of these are a $20 door charge, three hours,
[49:33.960 --> 49:35.960]  but we're going to go into this in great detail.
[49:35.960 --> 49:39.960]  We're going to be practicing the procedure, giving examples,
[49:39.960 --> 49:45.960]  and basically going into discussion over this is why you do it this way, this way, or this way.
[49:45.960 --> 49:46.960]  Okay?
[49:46.960 --> 49:49.960]  That being said, let's get to our other two callers.
[49:49.960 --> 49:51.960]  Jim, we're going to take you first.
[49:51.960 --> 49:52.960]  Good evening, Jim.
[49:52.960 --> 49:53.960]  How are you doing?
[49:53.960 --> 49:54.960]  What can we do for you?
[49:54.960 --> 49:55.960]  I'm all right.
[49:55.960 --> 49:56.960]  Thank you, Mr. Craig.
[49:56.960 --> 49:59.960]  Good evening, Ms. Stevens.
[49:59.960 --> 50:05.960]  Well, when I started this, I had one question because I found a lot.
[50:05.960 --> 50:09.960]  I'm currently funding a student ticket.
[50:09.960 --> 50:10.960]  Hey, Jim.
[50:10.960 --> 50:13.960]  Jim, you're next to something that's causing a lot of static on your phone.
[50:13.960 --> 50:16.960]  Yeah, are you using a wireless handset?
[50:16.960 --> 50:17.960]  Yeah, I am.
[50:17.960 --> 50:20.960]  Okay, can you get closer to the transmitter, to the base?
[50:20.960 --> 50:22.960]  Yeah, I sure can, certainly.
[50:22.960 --> 50:30.960]  Anyway, moving along, when I started this, I had one question,
[50:30.960 --> 50:44.960]  and I have just entered some actually some requests for production of some evidentiary material in a case,
[50:44.960 --> 50:51.960]  and I found a law, and I wonder if you could clarify this.
[50:51.960 --> 50:53.960]  Hang on just a second.
[50:53.960 --> 50:56.960]  I just had it, and I lost it.
[50:56.960 --> 50:59.960]  I printed up the laws.
[50:59.960 --> 51:01.960]  Here we go.
[51:01.960 --> 51:12.960]  This is in Code of Criminal Procedure, Chapter 28, Motions and Pleadings.
[51:12.960 --> 51:18.960]  Hang on, Section 1, Article, let me just read it to you.
[51:18.960 --> 51:21.960]  You said it's in Chapter 28?
[51:21.960 --> 51:25.960]  Yeah, Chapter 28, Section 1.
[51:25.960 --> 51:29.960]  What's the whole article number, 28.1?
[51:29.960 --> 51:37.960]  28.01, Section 2, when a criminal case is set for such pretrial hearing,
[51:37.960 --> 51:45.960]  any such preliminary matters not raised or filed seven days before the hearing will not thereafter be allowed to be raised or filed.
[51:45.960 --> 51:53.960]  Now, I didn't receive the charges against me on this until 5 o'clock Wednesday.
[51:53.960 --> 51:59.960]  The court date is now 1 o'clock this coming Wednesday.
[51:59.960 --> 52:08.960]  And the judge from the bench told me, and he got mad at me when I went through the arraignment,
[52:08.960 --> 52:19.960]  he got pretty angry with me because I had a motion for production of complaint there at the arraignment.
[52:19.960 --> 52:25.960]  I had a tape recorder that told me to turn off the tape or he wouldn't proceed,
[52:25.960 --> 52:37.960]  then told me, you know, kind of low, that pretty much he knew I was going to file a motion to dismiss because there was no complaint.
[52:37.960 --> 52:43.960]  He told me there was no complaint from the bench, told me he was still going to prosecute the case,
[52:43.960 --> 52:49.960]  told me that I could not file any more motions until the pretrial.
[52:49.960 --> 52:59.960]  The pretrial is now set for Wednesday, did not receive this until or any of the complaints filed against me by the officer.
[52:59.960 --> 53:11.960]  And then told me that, you know, of course I couldn't file anything until the pretrial, but now I find...
[53:11.960 --> 53:20.960]  Okay, when you say the pretrial, what was the first action that you appeared in when you appeared this first time when the judge told you all this?
[53:20.960 --> 53:22.960]  What was your reason for being in court?
[53:22.960 --> 53:25.960]  It was supposed to be the arraignment.
[53:25.960 --> 53:30.960]  Okay, this was your first initial appearance based upon the promise to appear on the citation?
[53:30.960 --> 53:35.960]  No, I actually did the appear and disappear and they reset it.
[53:35.960 --> 53:40.960]  But this was your first appearance in court based upon the citation?
[53:40.960 --> 53:41.960]  Yes.
[53:41.960 --> 53:43.960]  Okay. All right.
[53:43.960 --> 53:47.960]  Well, is that all you've got up to this point on your question?
[53:47.960 --> 53:58.960]  Well, yes, but it also states that I have to get everything in within 10 days.
[53:58.960 --> 54:11.960]  This particular law that I have to get everything in in 10 days, but they only have to give me notice in writing for 6 days.
[54:11.960 --> 54:13.960]  Well, that's not exactly what it says.
[54:13.960 --> 54:16.960]  I want to go ahead and read Section 2 in its entirety here.
[54:16.960 --> 54:39.960]  Okay.
[54:39.960 --> 55:00.960]  So regardless of when they actually notify you, if it's less than 10 days, this says they can't do it.
[55:00.960 --> 55:09.960]  You must have no less than 10 days notice in order to get your filings in before the 7 days kicks in.
[55:09.960 --> 55:14.960]  They can make it where you've only got 3 days to get your filings in,
[55:14.960 --> 55:18.960]  but they can't make it where you have less than 10 as an opportunity to do it.
[55:18.960 --> 55:22.960]  Got you. Got you. Got you.
[55:22.960 --> 55:30.960]  Okay. Okay. Now, because of what Aaron was saying now, I've got another question.
[55:30.960 --> 55:33.960]  Well, let me clarify one other point on this.
[55:33.960 --> 55:34.960]  Okay.
[55:34.960 --> 55:42.960]  What this is actually saying here is that they can't give you less than 17 days.
[55:42.960 --> 55:44.960]  Okay.
[55:44.960 --> 55:49.960]  Because this says that you can't file anything within 7 days of the trial,
[55:49.960 --> 55:56.960]  but right below that it says you have no less than 10 days in which to raise or file such preliminary matters.
[55:56.960 --> 56:01.960]  So you've got to have at least that entire 10-day period to make your filings.
[56:01.960 --> 56:02.960]  I got you.
[56:02.960 --> 56:03.960]  Okay.
[56:03.960 --> 56:04.960]  I got you. I got you.
[56:04.960 --> 56:15.960]  So the clock actually starts ticking when I get the actual charging documents and the court date in my hand.
[56:15.960 --> 56:26.960]  It does not start ticking before they send it to me and before I know when the trial is or when the free trial is.
[56:26.960 --> 56:29.960]  It doesn't specify when the clock starts in that regard.
[56:29.960 --> 56:32.960]  There's two possible conclusions from that.
[56:32.960 --> 56:37.960]  Does your time start ticking at the moment you receive the citation?
[56:37.960 --> 56:39.960]  Legally speaking, I would argue no.
[56:39.960 --> 56:44.960]  One, you have not been properly served of any information regarding the charges against you.
[56:44.960 --> 56:48.960]  Two, there is no valid complaint of any charges against you.
[56:48.960 --> 56:54.960]  Three, that complaint was not initiated by anybody within the court system.
[56:54.960 --> 56:58.960]  It's initiated by the agent who hasn't filed it.
[56:58.960 --> 56:59.960]  You see what I'm saying?
[56:59.960 --> 57:02.960]  There's no complaint because the court never went in and signed one.
[57:02.960 --> 57:03.960]  Okay.
[57:03.960 --> 57:08.960]  And you're entitled to have a copy of that complaint, period.
[57:08.960 --> 57:20.960]  Okay. Now, I have not filed this affidavit, but after court, okay, the first time during the arraignment.
[57:20.960 --> 57:22.960]  Affidavit for what, by the way?
[57:22.960 --> 57:31.960]  An affidavit stating what the judge told me from the bench, okay, because I tried to record it and he wouldn't let me record it
[57:31.960 --> 57:37.960]  because I wanted a record for it and I told him that and he still proceeded to tell me to turn off the tape.
[57:37.960 --> 57:47.960]  So I did so that he would proceed because he was kind of threatening me at the time, not with what he was saying, but his manner.
[57:47.960 --> 57:52.960]  You made the mistake of taking the tape recorder in your hand and asking about it, didn't you?
[57:52.960 --> 57:54.960]  No, I did not, actually.
[57:54.960 --> 57:58.960]  He looked down over the bench and thought.
[57:58.960 --> 58:00.960]  Where was it?
[58:00.960 --> 58:10.960]  I had it under some papers and I had set it up where he couldn't see it on the bench and there's kind of a shelf around the bench.
[58:10.960 --> 58:15.960]  And he looked up and said, what is that?
[58:15.960 --> 58:18.960]  And well, of course, I told him that.
[58:18.960 --> 58:20.960]  Okay, Jim, hang on just a second.
[58:20.960 --> 58:22.960]  We're about to go to break.
[58:22.960 --> 58:26.960]  All right, folks, this is Rule of Law Radio, Eddie Craig, Deborah Stevens.
[58:26.960 --> 58:33.960]  It is traffic night, so please give us a call if you have any issues, 512-646-1984.
[58:33.960 --> 58:38.960]  And hopefully you will come out and see us tomorrow night at Brave New Books from 6 to 9
[58:38.960 --> 58:50.960]  where we will be giving a class on due process rights and how to do cross examinations and examinations once you're in court on anything.
[58:50.960 --> 58:59.960]  So please hang in there. We'll be back on the other side.
[58:59.960 --> 59:07.960]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[59:07.960 --> 59:15.960]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture.
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[59:18.960 --> 59:22.960]  First, this new translation is extremely faithful and accurate,
[59:22.960 --> 59:27.960]  but the real story is the more than 9,000 explanatory footnotes.
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[59:31.960 --> 59:37.960]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
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[59:42.960 --> 59:52.960]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:52.960 --> 59:59.960]  or by ordering online at freestudybible.com. That's freestudybible.com.
[59:59.960 --> 01:00:03.960]  This news brief brought to you by the International News Net.
[01:00:03.960 --> 01:00:08.960]  The death toll from Haiti's cholera outbreak soared to 917 Monday
[01:00:08.960 --> 01:00:12.960]  as health workers continued struggling to contain the epidemic.
[01:00:12.960 --> 01:00:20.960]  At least 14,600 people have been treated in makeshift hospitals and tiny clinics since the disease took hold.
[01:00:20.960 --> 01:00:27.960]  Amid the crisis, Haitians are due to vote for a new president and parliamentarians in late November.
[01:00:27.960 --> 01:00:31.960]  Myanmar's pro-democracy opposition leader Aung San Suu Kyi
[01:00:31.960 --> 01:00:36.960]  delivered her first speech Sunday after being released from seven years house arrest.
[01:00:36.960 --> 01:00:41.960]  Suu Kyi told thousands of supporters, quote, I want to hear the voice of the people.
[01:00:41.960 --> 01:00:44.960]  After that, we will decide what we want to do.
[01:00:44.960 --> 01:00:52.960]  Signaling a shift in strategy, Suu Kyi said she is in favor of lifting international sanctions against Myanmar.
[01:00:52.960 --> 01:00:58.960]  As one in ten people in the US remain unemployed, the Wall Street Journal reported Monday
[01:00:58.960 --> 01:01:02.960]  the US's richest CEOs are making more money than ever.
[01:01:02.960 --> 01:01:07.960]  Annual bonuses have risen nearly 11% since 2008.
[01:01:07.960 --> 01:01:13.960]  Over the past 20 years, America's wealthiest 1% saw an 11% increase in their earnings,
[01:01:13.960 --> 01:01:20.960]  while the wealth of the remaining 99% rose just 1%.
[01:01:20.960 --> 01:01:27.960]  UK police have been urged to start a murder inquiry into the suspicious death of weapons inspector David Kelly
[01:01:27.960 --> 01:01:30.960]  following further allegations he did not commit suicide.
[01:01:30.960 --> 01:01:34.960]  Officers have been told Kelly could not have taken the overdose of painkillers
[01:01:34.960 --> 01:01:38.960]  that was officially found to be one of the causes of his death.
[01:01:38.960 --> 01:01:44.960]  Clinical pharmacologist Dr. Andrew Watt says he told Thames Valley police it was not possible
[01:01:44.960 --> 01:01:49.960]  Dr. Kelly could have swallowed more than a safe dose of two co-approximal tablets
[01:01:49.960 --> 01:01:52.960]  because there was so little of the drug in his system.
[01:01:52.960 --> 01:01:58.960]  Watt said, quote, I reported to the Thames force the death of Dr. Kelly may have been murder.
[01:01:58.960 --> 01:02:02.960]  A second development also casts doubt on the official suicide verdict.
[01:02:02.960 --> 01:02:08.960]  Kelly left an upbeat answering machine message to a friend who said Kelly's tone convinced him
[01:02:08.960 --> 01:02:12.960]  his friend could not have been suicidal.
[01:02:12.960 --> 01:02:17.960]  Afghan President Hamid Karzai said Saturday the US must reduce the visibility
[01:02:17.960 --> 01:02:20.960]  and intensity of its military operations in Afghanistan
[01:02:20.960 --> 01:02:25.960]  and end increased special operations like raids that aggravate Afghans
[01:02:25.960 --> 01:02:28.960]  and exacerbate the Taliban insurgency.
[01:02:28.960 --> 01:02:33.960]  Karzai said he wanted US troops off the roads and out of Afghan homes
[01:02:33.960 --> 01:02:38.960]  and that the long-term presence of so many foreign soldiers is only worsening the situation.
[01:02:38.960 --> 01:02:43.960]  Karzai's comments put him at odds with US Commander General David Petraeus
[01:02:43.960 --> 01:02:59.960]  who has made capture and kill missions a central component of his counterinsurgency strategy.
[01:03:13.960 --> 01:03:26.960]  It's all according to the will of the Almighty
[01:03:26.960 --> 01:03:33.960]  I read his book and it says he cares not for the unsightly
[01:03:33.960 --> 01:03:42.960]  These warmongers come by that term rightly
[01:03:42.960 --> 01:03:45.960]  I won't pay for the war with my fight
[01:03:45.960 --> 01:03:48.960]  Ain't gonna pay for the car with my money
[01:03:48.960 --> 01:03:49.960]  Alright, folks, we are back.
[01:03:49.960 --> 01:03:50.960]  Rule of Law Radio.
[01:03:50.960 --> 01:03:53.960]  This is Eddie Craig, Debra Stevens.
[01:03:53.960 --> 01:03:57.960]  Okay, we're gonna finish up with Jim, Stephen in Montana, and Stephen in Illinois.
[01:03:57.960 --> 01:03:58.960]  We do see you on the board.
[01:03:58.960 --> 01:04:03.960]  So if you gentlemen will hang on there for just a couple of minutes more, we'll be right with you.
[01:04:03.960 --> 01:04:08.960]  Alright, Jim, I believe we were talking about your affidavit before we went on break.
[01:04:08.960 --> 01:04:15.960]  Yeah, anyway, essentially, and I wrote it down word for word.
[01:04:15.960 --> 01:04:19.960]  It was still pretty fresh in my mind right after I got finished.
[01:04:19.960 --> 01:04:23.960]  Didn't embellish and not try and tattle on anybody and just state some facts.
[01:04:23.960 --> 01:04:29.960]  Anyway, you know, essentially from the bench, a guy tells me he's gonna railroad me.
[01:04:29.960 --> 01:04:35.960]  So I figured that and said it to my face in not so many words.
[01:04:35.960 --> 01:04:41.960]  But I figured that when the pretrial would come and go,
[01:04:41.960 --> 01:04:47.960]  and then I would receive the notice that the pretrial had already been over with,
[01:04:47.960 --> 01:04:49.960]  and that was what was going on.
[01:04:49.960 --> 01:05:01.960]  Well, that didn't happen, so of course I was able to enter some evidentiary notices and things like that.
[01:05:01.960 --> 01:05:11.960]  But on my say, and I haven't gotten the affidavit notarized yet because I haven't entered it,
[01:05:11.960 --> 01:05:18.960]  because I don't want to really make this guy angry even though he's already told me
[01:05:18.960 --> 01:05:31.960]  that he wouldn't accept any motions and or, you know, of course, evidence.
[01:05:31.960 --> 01:05:38.960]  He wouldn't accept anything from me, essentially, is what he was telling me.
[01:05:38.960 --> 01:05:43.960]  You know, so is there anything that I can do about that?
[01:05:43.960 --> 01:05:45.960]  Well, there's lots of things you can do.
[01:05:45.960 --> 01:05:49.960]  The first thing I'd do is ignoring and file anyway.
[01:05:49.960 --> 01:05:55.960]  Now, have you gone down and gotten the information out of your court record?
[01:05:55.960 --> 01:05:58.960]  Well, actually, they sent the charging document.
[01:05:58.960 --> 01:06:00.960]  That wasn't my question.
[01:06:00.960 --> 01:06:04.960]  Have you gone down and gotten everything that's in your court record?
[01:06:04.960 --> 01:06:05.960]  No, I have not.
[01:06:05.960 --> 01:06:08.960]  Okay, you need to do that.
[01:06:08.960 --> 01:06:12.960]  Now, what charging instrument did they send to you?
[01:06:12.960 --> 01:06:18.960]  Okay, they sent me an affidavit from a police officer.
[01:06:18.960 --> 01:06:21.960]  What does it say across the top of it?
[01:06:21.960 --> 01:06:22.960]  Two, actually.
[01:06:22.960 --> 01:06:24.960]  Let me grab them real quick.
[01:06:24.960 --> 01:06:29.960]  I had to get close to the phone.
[01:06:29.960 --> 01:06:34.960]  Hang on just a second.
[01:06:34.960 --> 01:06:40.960]  In the name and by the authority of the state of Texas, they sent me two affidavits.
[01:06:40.960 --> 01:06:46.960]  Okay, across the top of it, what does it say as far as does it say complaint?
[01:06:46.960 --> 01:06:47.960]  Yeah, complaint.
[01:06:47.960 --> 01:06:49.960]  On both?
[01:06:49.960 --> 01:06:50.960]  Yes.
[01:06:50.960 --> 01:06:53.960]  Okay, and what kind of court is this?
[01:06:53.960 --> 01:06:54.960]  Municipal.
[01:06:54.960 --> 01:06:57.960]  Okay, those are not charging instruments.
[01:06:57.960 --> 01:06:59.960]  Those are complaints.
[01:06:59.960 --> 01:07:03.960]  Only an indictment or an information is a charging instrument.
[01:07:03.960 --> 01:07:05.960]  A complaint does not suffice.
[01:07:05.960 --> 01:07:07.960]  Okay.
[01:07:07.960 --> 01:07:11.960]  Now, what's in the complaint that's incorrect?
[01:07:11.960 --> 01:07:15.960]  What facts are made that are not facts, okay?
[01:07:15.960 --> 01:07:21.960]  You look the complaint over to see if there's anything in it that's invalid.
[01:07:21.960 --> 01:07:22.960]  Okay.
[01:07:22.960 --> 01:07:26.960]  One of the first things you do is check all information and facts stated in the complaint.
[01:07:26.960 --> 01:07:28.960]  Is it the right location?
[01:07:28.960 --> 01:07:29.960]  Is it the right date?
[01:07:29.960 --> 01:07:30.960]  Is it the right time?
[01:07:30.960 --> 01:07:32.960]  Did they name the right individual?
[01:07:32.960 --> 01:07:35.960]  So on and so forth, okay?
[01:07:35.960 --> 01:07:41.960]  However, the problem they have is they're still required to have the information.
[01:07:41.960 --> 01:07:44.960]  The city doesn't think they have to have it.
[01:07:44.960 --> 01:07:52.960]  The city is full of whatever you want to fill them up with, okay, because the law says they do.
[01:07:52.960 --> 01:08:01.960]  The city is relying upon two statutory sections, one of which was repealed in 1999 or earlier.
[01:08:01.960 --> 01:08:10.960]  It used to be 45.01, which said that a municipal court can proceed in criminal prosecution upon complaint alone.
[01:08:10.960 --> 01:08:11.960]  It was repealed.
[01:08:11.960 --> 01:08:12.960]  Why?
[01:08:12.960 --> 01:08:14.960]  It was unconstitutional.
[01:08:14.960 --> 01:08:15.960]  Gotcha.
[01:08:15.960 --> 01:08:16.960]  Okay.
[01:08:16.960 --> 01:08:28.960]  The other one is 27.14 D as in delta, which says that only if the defendant, the accused, pleads not guilty is the court
[01:08:28.960 --> 01:08:31.960]  required to produce an actual complaint.
[01:08:31.960 --> 01:08:34.960]  Well, there's a problem with that.
[01:08:34.960 --> 01:08:40.960]  The law says that you can't enter a plea to anything other than a valid charging instrument,
[01:08:40.960 --> 01:08:43.960]  which is the indictment or information.
[01:08:43.960 --> 01:08:51.960]  And neither of those can exist until a valid complaint exists on which to base them.
[01:08:51.960 --> 01:08:58.960]  And the citation itself is not sworn to under oath by anyone whatsoever.
[01:08:58.960 --> 01:09:03.960]  Therefore, it is not valid for the purpose of taking or entering a plea upon,
[01:09:03.960 --> 01:09:09.960]  no matter how many of these ignorant municipal judges want to think they can do it.
[01:09:09.960 --> 01:09:10.960]  Okay.
[01:09:10.960 --> 01:09:12.960]  I never plead.
[01:09:12.960 --> 01:09:13.960]  Okay.
[01:09:13.960 --> 01:09:20.960]  Whether you plead or not, there's a plea entered on your behalf, which is why you need to get into your court record.
[01:09:20.960 --> 01:09:22.960]  Gotcha.
[01:09:22.960 --> 01:09:23.960]  Okay.
[01:09:23.960 --> 01:09:29.960]  Now, when you get it, you need everything in the folder and you need everything in the computer.
[01:09:29.960 --> 01:09:31.960]  Don't forget that.
[01:09:31.960 --> 01:09:34.960]  Okay.
[01:09:34.960 --> 01:09:41.960]  And if they refuse to give it to you, then you file a motion stating that on this date at this time,
[01:09:41.960 --> 01:09:48.960]  defendant requested all records associated with his case in order to prepare a proper defense.
[01:09:48.960 --> 01:09:54.960]  All production of paperwork dealing with the information and facts to be used against the defendant
[01:09:54.960 --> 01:10:01.960]  were refused by the clerk of the court upon the authority of whoever told them not to do it.
[01:10:01.960 --> 01:10:02.960]  Okay.
[01:10:02.960 --> 01:10:03.960]  All right?
[01:10:03.960 --> 01:10:04.960]  Okay.
[01:10:04.960 --> 01:10:09.960]  You have that filing and you just call it a motion to compel production, okay?
[01:10:09.960 --> 01:10:10.960]  Okay.
[01:10:10.960 --> 01:10:11.960]  And just file it.
[01:10:11.960 --> 01:10:13.960]  You don't care what they do with it.
[01:10:13.960 --> 01:10:19.960]  But you make sure that that motion is notarized before you file it.
[01:10:19.960 --> 01:10:28.960]  And you get four notarized certified copies after you get it all filled out, okay?
[01:10:28.960 --> 01:10:29.960]  Mm-hmm.
[01:10:29.960 --> 01:10:33.960]  But that's what's called a verified motion.
[01:10:33.960 --> 01:10:38.960]  And we're going to dare them to ignore that one.
[01:10:38.960 --> 01:10:39.960]  Gotcha.
[01:10:39.960 --> 01:10:46.960]  We're going to start trying to cut the feet off this argument of you got to have an orders request
[01:10:46.960 --> 01:10:52.960]  or an information request or any of this other stuff for what the law says is already a public record.
[01:10:52.960 --> 01:10:59.960]  You can't accuse somebody of a criminal act and then deny them the information that's being used against them
[01:10:59.960 --> 01:11:02.960]  to prevent them from building a defense.
[01:11:02.960 --> 01:11:06.960]  That's a denial of due process in anybody's book except for these morons.
[01:11:06.960 --> 01:11:07.960]  Mm-hmm.
[01:11:07.960 --> 01:11:08.960]  Okay?
[01:11:08.960 --> 01:11:15.960]  So we're going to cut that out as quickly as possible by filing a verified motion to compel the information
[01:11:15.960 --> 01:11:20.960]  that's being held in the records that you need to build a proper defense.
[01:11:20.960 --> 01:11:22.960]  Gotcha.
[01:11:22.960 --> 01:11:23.960]  Okay.
[01:11:23.960 --> 01:11:24.960]  Okay.
[01:11:24.960 --> 01:11:25.960]  Wonderful.
[01:11:25.960 --> 01:11:26.960]  Now, that answers my question.
[01:11:26.960 --> 01:11:27.960]  Thank you, Mr. Craig.
[01:11:27.960 --> 01:11:28.960]  You're very welcome, Jim.
[01:11:28.960 --> 01:11:29.960]  Thanks for calling in.
[01:11:29.960 --> 01:11:30.960]  All right.
[01:11:30.960 --> 01:11:31.960]  I'll see you at Brave New Books.
[01:11:31.960 --> 01:11:32.960]  Thanks.
[01:11:32.960 --> 01:11:33.960]  Yes, sir.
[01:11:33.960 --> 01:11:42.960]  So speaking of Brave New Books one more time, folks, please, please, please send me an email today, tomorrow.
[01:11:42.960 --> 01:11:48.960]  It's got to be sometime tonight or very early tomorrow because I'm going to be down at the State Law Library all day.
[01:11:48.960 --> 01:11:52.960]  I'm not going to get a chance to respond back to emails before I go to Brave New Books.
[01:11:52.960 --> 01:11:59.960]  So please send me an email that I can send you the material we're going to be discussing tomorrow night
[01:11:59.960 --> 01:12:03.960]  so that you'll be able to print it out and bring it with you and have a copy to follow along with.
[01:12:03.960 --> 01:12:06.960]  I just don't have the funds to go down and get a bunch of copies made.
[01:12:06.960 --> 01:12:07.960]  I'm sorry.
[01:12:07.960 --> 01:12:09.960]  But please send me a contact email.
[01:12:09.960 --> 01:12:17.960]  Even if you've already contacted me, please send me another one so that I can make sure and reply back to everyone with a copy of the document.
[01:12:17.960 --> 01:12:18.960]  Okay?
[01:12:18.960 --> 01:12:20.960]  That can be found on the Web site, right?
[01:12:20.960 --> 01:12:23.960]  We have not got a chance to link it to the Web site.
[01:12:23.960 --> 01:12:27.960]  I'm considering talking to Harlem to see if we can make this a monthly thing,
[01:12:27.960 --> 01:12:31.960]  at which point we will build a dedicated link either on my new Web site,
[01:12:31.960 --> 01:12:34.960]  which I'm getting up now, or on the Rule of Law Web site,
[01:12:34.960 --> 01:12:39.960]  and we'll just attach whatever document we're going to be using that week to that link.
[01:12:39.960 --> 01:12:41.960]  No, I mean your email.
[01:12:41.960 --> 01:12:42.960]  Oh, yes.
[01:12:42.960 --> 01:12:43.960]  The email is on the Web site.
[01:12:43.960 --> 01:12:51.960]  It's Eddie at ruleoflawradio.com, E-D-D-I-E at ruleoflawradio.com.
[01:12:51.960 --> 01:12:52.960]  Okay.
[01:12:52.960 --> 01:12:53.960]  Thanks.
[01:12:53.960 --> 01:12:54.960]  All right.
[01:12:54.960 --> 01:12:55.960]  Yes, sir.
[01:12:55.960 --> 01:12:56.960]  Thank you, Jim.
[01:12:56.960 --> 01:12:57.960]  Thank you, Stephen.
[01:12:57.960 --> 01:12:58.960]  All right.
[01:12:58.960 --> 01:12:59.960]  Thank you, Jim.
[01:12:59.960 --> 01:13:00.960]  All right.
[01:13:00.960 --> 01:13:04.960]  We've got Stephen from Montana is next, and then Stephen from Illinois.
[01:13:04.960 --> 01:13:07.960]  Stephen from Montana, thank you for calling in.
[01:13:07.960 --> 01:13:09.960]  What is on your mind tonight?
[01:13:09.960 --> 01:13:11.960]  Hi, guys.
[01:13:11.960 --> 01:13:16.960]  Since you guys have been talking about with Aaron about the sufficiency of the charge,
[01:13:16.960 --> 01:13:25.960]  charging instrument, Montana misdemeanors can be commenced on a complaint alone.
[01:13:25.960 --> 01:13:28.960]  And justice and municipal courts.
[01:13:28.960 --> 01:13:38.960]  But what I've been trying to do for the last year is get Nature and Cause of the charge,
[01:13:38.960 --> 01:13:44.960]  which I know it doesn't have on there because all it says on the complaint is acronym DUI,
[01:13:44.960 --> 01:13:48.960]  and then a blanket statute number in which there's four subsections,
[01:13:48.960 --> 01:13:52.960]  which each subsection has different elements to prove.
[01:13:52.960 --> 01:13:58.960]  So I've been asking for Nature and Cause for the last year,
[01:13:58.960 --> 01:14:04.960]  and all the prosecutors ever responded back was that I've had the Nature and Cause the entire time.
[01:14:04.960 --> 01:14:06.960]  It's on the ticket.
[01:14:06.960 --> 01:14:11.960]  And I respond back, of course, no, it's not, blah, blah, blah.
[01:14:11.960 --> 01:14:14.960]  Then it's finally gone further and further and further,
[01:14:14.960 --> 01:14:18.960]  and I finally got an oral argument on the matter,
[01:14:18.960 --> 01:14:24.960]  which I believe I blew the prosecutor away on it.
[01:14:24.960 --> 01:14:29.960]  I had my eye got to open up with the oral argument,
[01:14:29.960 --> 01:14:35.960]  and I brought up case law state and some state law or case law state in the form of charge,
[01:14:35.960 --> 01:14:45.960]  but insufficient in the language of the statute of the definition of the statute of offense charged.
[01:14:45.960 --> 01:14:49.960]  I brought up a few more, and I brought up another case where somebody sued the cop
[01:14:49.960 --> 01:14:57.960]  for not filing a valid form of charge or sufficient charge enough,
[01:14:57.960 --> 01:15:08.960]  and then the judge issued an arrest warrant, and then so all this stuff.
[01:15:08.960 --> 01:15:11.960]  And then, of course, the prosecutor kept coming back with the summons,
[01:15:11.960 --> 01:15:15.960]  or the notice to appear that the cop gives, which she's all like,
[01:15:15.960 --> 01:15:18.960]  well, the notice to appear is valid, the notice to appear is valid.
[01:15:18.960 --> 01:15:23.960]  And then I brought out the jury instructions that the court had to give,
[01:15:23.960 --> 01:15:25.960]  and I was like, well, what are you going to instruct the jury on?
[01:15:25.960 --> 01:15:27.960]  What's the elements of these crimes?
[01:15:27.960 --> 01:15:32.960]  So I kind of had the prosecutor, she really didn't know what to come back on.
[01:15:32.960 --> 01:15:36.960]  And I've noticed the judge, many times I gave her a judicial notice of judicial immunity
[01:15:36.960 --> 01:15:41.960]  on this same situation of the charging instrument's invalid
[01:15:41.960 --> 01:15:44.960]  and didn't confer a jurisdiction to the court,
[01:15:44.960 --> 01:15:50.960]  and I don't see how it can give prosecutorial immunity either.
[01:15:50.960 --> 01:15:54.960]  Now, because the commencement of prosecution in Montana
[01:15:54.960 --> 01:16:00.960]  says the commencement of prosecution is by information complaint or indictment.
[01:16:00.960 --> 01:16:06.960]  If the complaint's invalid, then I don't see how it can confer jurisdiction
[01:16:06.960 --> 01:16:09.960]  or, I mean, commence prosecution.
[01:16:09.960 --> 01:16:10.960]  Well, it can.
[01:16:10.960 --> 01:16:11.960]  That's a simple answer to that.
[01:16:11.960 --> 01:16:14.960]  But now let me ask you a question.
[01:16:14.960 --> 01:16:18.960]  What you just quoted is statute, correct?
[01:16:18.960 --> 01:16:20.960]  The commencement of prosecution.
[01:16:20.960 --> 01:16:21.960]  Yes, commencement of prosecution.
[01:16:21.960 --> 01:16:24.960]  Yes, that's the main title.
[01:16:24.960 --> 01:16:28.960]  How much of your constitution have you looked at in regards to that?
[01:16:28.960 --> 01:16:30.960]  Because here in Texas, like I said,
[01:16:30.960 --> 01:16:34.960]  2.05 says they can proceed upon complaint alone in a justice court.
[01:16:34.960 --> 01:16:39.960]  The problem is that violates the state constitution
[01:16:39.960 --> 01:16:43.960]  because it says only two things vest the court with jurisdiction.
[01:16:43.960 --> 01:16:45.960]  But hang on just a second, Stephen.
[01:16:45.960 --> 01:16:46.960]  We'll pick that up on the other side.
[01:16:46.960 --> 01:16:47.960]  We're about to go to break.
[01:16:47.960 --> 01:16:49.960]  All right, folks, this is Rule of Law Radio.
[01:16:49.960 --> 01:16:51.960]  Eddie Craig, Deborah Stevens.
[01:16:51.960 --> 01:16:53.960]  We will be right back on the other side of the break,
[01:16:53.960 --> 01:16:59.960]  so please hang in there with us.
[01:16:59.960 --> 01:17:02.960]  It is so enlightening to listen to 90.1 FM,
[01:17:02.960 --> 01:17:05.960]  but finding things on the Internet isn't so easy,
[01:17:05.960 --> 01:17:08.960]  and neither is finding like-minded people to share it with.
[01:17:08.960 --> 01:17:11.960]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:17:11.960 --> 01:17:12.960]  Brave New Books?
[01:17:12.960 --> 01:17:15.960]  Yes, Brave New Books has all the books and DVDs you're looking for
[01:17:15.960 --> 01:17:19.960]  by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[01:17:19.960 --> 01:17:23.960]  They even stock inner food, Berkey products, and Calvin Soaps.
[01:17:23.960 --> 01:17:25.960]  There's no way a place like that exists.
[01:17:25.960 --> 01:17:27.960]  Go check it out for yourself.
[01:17:27.960 --> 01:17:31.960]  It's downtown at 1904 Guadalupe Street just south of UT.
[01:17:31.960 --> 01:17:34.960]  By UT, there's never anywhere to park down there.
[01:17:34.960 --> 01:17:37.960]  Actually, they now offer a free hour of parking
[01:17:37.960 --> 01:17:40.960]  for paying customers at the 500 MLK parking facility
[01:17:40.960 --> 01:17:42.960]  just behind the bookstore.
[01:17:42.960 --> 01:17:46.960]  It does exist, but when are they open?
[01:17:46.960 --> 01:17:51.960]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[01:17:51.960 --> 01:17:55.960]  So get them a call at 512-480-2503,
[01:17:55.960 --> 01:17:58.960]  or check out their events page at bravenewbookstore.com.
[01:18:01.960 --> 01:18:05.960]  Capital Coin and Bullion is your local source for rare coins,
[01:18:05.960 --> 01:18:08.960]  precious metals, and coin supplies in the Austin metro area.
[01:18:08.960 --> 01:18:10.960]  We also ship worldwide.
[01:18:10.960 --> 01:18:13.960]  We are a family-owned and operated business
[01:18:13.960 --> 01:18:16.960]  with competitive prices on your coin and metals purchases.
[01:18:16.960 --> 01:18:19.960]  We buy, sell, trade, and consign rare coins,
[01:18:19.960 --> 01:18:23.960]  gold and silver coin collections, precious metals, and scrap gold.
[01:18:23.960 --> 01:18:26.960]  We will purchase and sell gold and jewelry items as well.
[01:18:26.960 --> 01:18:29.960]  We offer daily specials on coins and bullion.
[01:18:29.960 --> 01:18:33.960]  We're located at 5448 Barnett Road, Suite 3,
[01:18:33.960 --> 01:18:36.960]  and we're open Monday through Friday, 10 AM to 6 PM,
[01:18:36.960 --> 01:18:39.960]  Saturdays, 10 AM to 5 PM.
[01:18:39.960 --> 01:18:42.960]  You are welcome to stop in our shop during regular business hours
[01:18:42.960 --> 01:18:47.960]  or call 512-646-6440 with any questions.
[01:18:47.960 --> 01:18:52.960]  Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM.
[01:18:52.960 --> 01:18:58.960]  That's Capital Coin and Bullion, 512-646-6440.
[01:18:58.960 --> 01:19:26.960]  Alright folks, we are back.
[01:19:26.960 --> 01:19:30.960]  This is Eddie Craig, Deborah Stevens, Rule of Law Radio.
[01:19:30.960 --> 01:19:32.960]  Folks, if you're listening in and you want to call in
[01:19:32.960 --> 01:19:35.960]  with a question or an issue or just general information,
[01:19:35.960 --> 01:19:39.960]  please give us a call, 512-646-1984,
[01:19:39.960 --> 01:19:43.960]  and we'll be glad to put you on the air and talk about your problem.
[01:19:43.960 --> 01:19:46.960]  Okay, let's go back to Steven in Montana.
[01:19:46.960 --> 01:19:49.960]  Steven, let's go on with what you had there as far as
[01:19:49.960 --> 01:19:52.960]  looking at what your state constitution says about the issue
[01:19:52.960 --> 01:19:56.960]  of how to proceed with a criminal prosecution.
[01:19:56.960 --> 01:19:58.960]  Like I say, here in Texas,
[01:19:58.960 --> 01:20:01.960]  they did have statutes that said they could do it that way.
[01:20:01.960 --> 01:20:05.960]  However, they did conflict with the state constitution.
[01:20:05.960 --> 01:20:09.960]  That's what got 45.01 kicked out of the Code of Criminal Procedure
[01:20:09.960 --> 01:20:12.960]  was the fact that it was unconstitutional on its face,
[01:20:12.960 --> 01:20:15.960]  which makes part of 2.05 the same way.
[01:20:15.960 --> 01:20:18.960]  It just hasn't been challenged yet, it would appear.
[01:20:18.960 --> 01:20:23.960]  Right, yeah, it's in our constitution, and I've looked at it
[01:20:23.960 --> 01:20:25.960]  all the way back to the beginning of our state,
[01:20:25.960 --> 01:20:30.960]  and they could always have done it by complaint,
[01:20:30.960 --> 01:20:32.960]  for misdemeanors only, though,
[01:20:32.960 --> 01:20:38.960]  but felonies had to be indictments or information.
[01:20:38.960 --> 01:20:40.960]  But still, I mean, I understand that,
[01:20:40.960 --> 01:20:43.960]  but still just the form of charge, you know, nature and cause.
[01:20:43.960 --> 01:20:45.960]  And that's what I don't quite understand,
[01:20:45.960 --> 01:20:47.960]  because I look in a lot of dictionaries,
[01:20:47.960 --> 01:20:50.960]  and I look for the nature, and it's not really in there.
[01:20:50.960 --> 01:20:53.960]  I really can't get any definition
[01:20:53.960 --> 01:20:55.960]  on really what nature and cause is.
[01:20:55.960 --> 01:20:58.960]  I can't find a court case on it, explaining it.
[01:20:58.960 --> 01:21:00.960]  And I'm thinking the nature, of course,
[01:21:00.960 --> 01:21:03.960]  is civil, criminal, maritime equity or whatever,
[01:21:03.960 --> 01:21:05.960]  and the cause, I'm just guessing,
[01:21:05.960 --> 01:21:09.960]  is all the elements of the offense, I guess, right?
[01:21:09.960 --> 01:21:11.960]  Yeah, that's correct.
[01:21:11.960 --> 01:21:13.960]  That's exactly what it is.
[01:21:13.960 --> 01:21:16.960]  Okay, so if they don't have all the elements, they don't have cause.
[01:21:16.960 --> 01:21:18.960]  That's why our form of charge says it must state
[01:21:18.960 --> 01:21:20.960]  whether it's a misdemeanor or felony.
[01:21:20.960 --> 01:21:23.960]  That way you know that it's a criminal nature.
[01:21:23.960 --> 01:21:25.960]  And the form of charge here, of course,
[01:21:25.960 --> 01:21:28.960]  doesn't state felony or misdemeanor.
[01:21:28.960 --> 01:21:30.960]  Right, well, there are some states
[01:21:30.960 --> 01:21:34.960]  where you have civil misdemeanors,
[01:21:34.960 --> 01:21:36.960]  not just felony misdemeanors.
[01:21:36.960 --> 01:21:38.960]  They're considered infractions.
[01:21:38.960 --> 01:21:40.960]  They're still called a misdemeanor,
[01:21:40.960 --> 01:21:43.960]  but it's an infraction rather than an offense.
[01:21:43.960 --> 01:21:45.960]  And so those are actually civil.
[01:21:45.960 --> 01:21:49.960]  So you can't go simply by the fact that it says it's a misdemeanor.
[01:21:49.960 --> 01:21:51.960]  Okay.
[01:21:51.960 --> 01:21:55.960]  So the nature is there's one of these that's the nature.
[01:21:55.960 --> 01:21:56.960]  It's criminal.
[01:21:56.960 --> 01:21:57.960]  It's civil.
[01:21:57.960 --> 01:21:58.960]  It's administrative.
[01:21:58.960 --> 01:22:05.960]  It's maritime, slash admiralty, or it's equity.
[01:22:05.960 --> 01:22:09.960]  And equity and civil are sometimes, most of the time, the same.
[01:22:09.960 --> 01:22:11.960]  So they can be called different names.
[01:22:11.960 --> 01:22:16.960]  Those are the nature of the charge.
[01:22:16.960 --> 01:22:18.960]  Right.
[01:22:18.960 --> 01:22:20.960]  See, that's exactly what I thought.
[01:22:20.960 --> 01:22:23.960]  And I don't think half the prosecutors in this country get what that is
[01:22:23.960 --> 01:22:25.960]  because the prosecutor in my case, he just like,
[01:22:25.960 --> 01:22:26.960]  did he have the nature and cause?
[01:22:26.960 --> 01:22:28.960]  It's right there.
[01:22:28.960 --> 01:22:30.960]  No, what you have is the accusation.
[01:22:30.960 --> 01:22:32.960]  That does not translate the nature and cause.
[01:22:32.960 --> 01:22:33.960]  And you're right.
[01:22:33.960 --> 01:22:37.960]  Most of them don't know.
[01:22:37.960 --> 01:22:38.960]  That's funny.
[01:22:38.960 --> 01:22:42.960]  It's funny, too, how it's in most of our state's constitution that we all have
[01:22:42.960 --> 01:22:46.960]  that right to know the nature and cause, and they seem to deny it every single time.
[01:22:46.960 --> 01:22:49.960]  That's right, because most people don't know that they're entitled to it
[01:22:49.960 --> 01:22:51.960]  and don't ask for it.
[01:22:51.960 --> 01:22:57.960]  And then when they deprive you of a substantial due right or inalienable right like that,
[01:22:57.960 --> 01:23:02.960]  then they lose all jurisdiction, I would imagine, or all immunity as well.
[01:23:02.960 --> 01:23:05.960]  That's true.
[01:23:05.960 --> 01:23:08.960]  So you told Aaron about criminal charges.
[01:23:08.960 --> 01:23:11.960]  What kind of civil actions do you think?
[01:23:11.960 --> 01:23:13.960]  That all depends upon the state.
[01:23:13.960 --> 01:23:17.960]  Every state's got its own basis of what constitutes a civil tort
[01:23:17.960 --> 01:23:20.960]  under a constitutional violation.
[01:23:20.960 --> 01:23:25.960]  There are certain violations in Texas that do have a correlating cause of action,
[01:23:25.960 --> 01:23:31.960]  but 95% of the criminal actions that a public servant can commit,
[01:23:31.960 --> 01:23:34.960]  there is no civil cause of action for.
[01:23:34.960 --> 01:23:41.960]  For instance, there is no direct civil cause of action for a denial of due process.
[01:23:41.960 --> 01:23:45.960]  You can't sue them for violating your rights
[01:23:45.960 --> 01:23:51.960]  because the legislature has not named a cause of action for that violation.
[01:23:51.960 --> 01:23:57.960]  It's ridiculous, but every state's got its own setup for what that is.
[01:23:57.960 --> 01:24:05.960]  So that's what you're going to have to find is who is the premier authority on causes of action in Montana.
[01:24:05.960 --> 01:24:10.960]  Here in Texas, it's O'Connor's causes of action.
[01:24:10.960 --> 01:24:13.960]  So that's where we look.
[01:24:13.960 --> 01:24:21.960]  So if they're denying a state constitutional right that's not in the federal,
[01:24:21.960 --> 01:24:24.960]  then you can't go to a federal...
[01:24:24.960 --> 01:24:28.960]  That's right. You can take them into a venue, a 1983
[01:24:28.960 --> 01:24:33.960]  and a Section 242 action under Title 18 and Title 42.
[01:24:33.960 --> 01:24:38.960]  Right, okay, because I've done freedom of information in my county
[01:24:38.960 --> 01:24:42.960]  along with basically asking for the same thing that was in my discovery,
[01:24:42.960 --> 01:24:45.960]  and I haven't been denied all of those.
[01:24:45.960 --> 01:24:48.960]  In our Constitution, we have a right to know.
[01:24:48.960 --> 01:24:53.960]  In our Declaration of Rights, we have one section that's called the right to know,
[01:24:53.960 --> 01:24:56.960]  and it's about all your freedom of information rights.
[01:24:56.960 --> 01:24:58.960]  But the federal Constitution doesn't have that.
[01:24:58.960 --> 01:25:03.960]  So if I wanted to bring a cause of action for being denied all my rights to know,
[01:25:03.960 --> 01:25:12.960]  that'd have to only be brought within the state then probably for denial of a state constitutional right.
[01:25:12.960 --> 01:25:18.960]  Yeah, you can definitely sue in the Fed for that, but I want the opportunity to sue them twice.
[01:25:18.960 --> 01:25:22.960]  Once in the state so the people of the state can see what's being done to them,
[01:25:22.960 --> 01:25:29.960]  and then once at the Fed for the violation of the federal constitutional protections as well.
[01:25:29.960 --> 01:25:35.960]  Okay. Okay, aside from the sufficiency of the charge, okay, we got that.
[01:25:35.960 --> 01:25:38.960]  What about when you know how most of the time they always tell you
[01:25:38.960 --> 01:25:41.960]  at or before a certain date on the notice to appear the cop gives you
[01:25:41.960 --> 01:25:47.960]  and you show up for your arraignment, prosecutor around here is never there.
[01:25:47.960 --> 01:25:50.960]  It's always you and just the judge.
[01:25:50.960 --> 01:25:54.960]  And I was reading in order for a court to have subject matter jurisdiction,
[01:25:54.960 --> 01:25:58.960]  this was a civil case of course, but I think it would apply to criminals as well.
[01:25:58.960 --> 01:26:02.960]  There's three things it said that they had to have, cognizance of the subject matter,
[01:26:02.960 --> 01:26:08.960]  presence of all proper parties, and proper pleadings.
[01:26:08.960 --> 01:26:13.960]  Well, the situation you're in though, if the prosecuting attorney is not there
[01:26:13.960 --> 01:26:16.960]  and everything that's being done is being done through the judge,
[01:26:16.960 --> 01:26:22.960]  if you're receiving a fair and impartial trial, the judge is going to act as the prosecutor as well.
[01:26:22.960 --> 01:26:24.960]  Right.
[01:26:24.960 --> 01:26:30.960]  So I would imagine they lost jurisdiction just because of not being there at the arraignment.
[01:26:30.960 --> 01:26:37.960]  Well, on the arraignment, what is the procedures established by state law regarding an arraignment?
[01:26:37.960 --> 01:26:40.960]  Who has to be there, who's not required to be there?
[01:26:40.960 --> 01:26:44.960]  Are you allowed an examining trial in Montana, so on and so forth?
[01:26:44.960 --> 01:26:50.960]  For instance, here in Texas, an examining trial gets to be conducted exactly the same way as a trial does.
[01:26:50.960 --> 01:26:56.960]  In other words, you get to cross-examine witnesses, call witnesses, look at evidence.
[01:26:56.960 --> 01:26:59.960]  You get to do all of that stuff.
[01:26:59.960 --> 01:27:04.960]  And when they don't do it, then they kind of have a problem.
[01:27:04.960 --> 01:27:07.960]  Yeah. Well, ours is a little separate.
[01:27:07.960 --> 01:27:12.960]  We only have examination in one statute, and it's the duties of the sheriff.
[01:27:12.960 --> 01:27:23.960]  Duties of sheriff, subsection two, is arrest all persons who have committed or are about to commit
[01:27:23.960 --> 01:27:26.960]  and take before the nearest magistrate for an examination.
[01:27:26.960 --> 01:27:28.960]  That's all it says about examination.
[01:27:28.960 --> 01:27:30.960]  Okay. Well, that's an examining trial.
[01:27:30.960 --> 01:27:35.960]  Now, what is there that says what the steps of that examination are?
[01:27:35.960 --> 01:27:39.960]  There isn't one. The only one is initial appearance.
[01:27:39.960 --> 01:27:41.960]  Well, but there's got to be one.
[01:27:41.960 --> 01:27:44.960]  There has to be some set of procedure that has to be followed.
[01:27:44.960 --> 01:27:50.960]  You need to see whether or not that section translates into the same procedures as done in the other cases
[01:27:50.960 --> 01:27:53.960]  or if it's something separate.
[01:27:53.960 --> 01:28:00.960]  But there has to be a set of procedures to be followed once that examination is brought into being.
[01:28:00.960 --> 01:28:05.960]  Well, I'm guessing the examination is just a probable cause, and then they...
[01:28:05.960 --> 01:28:13.960]  Well, I understand that, but there has to be rules to set up how to make that determination a probable cause.
[01:28:13.960 --> 01:28:16.960]  You need to find them. Where are they?
[01:28:16.960 --> 01:28:20.960]  The next thing that they have, the next procedure they only have is it's called the initial appearance,
[01:28:20.960 --> 01:28:24.960]  and there is where they set bail.
[01:28:24.960 --> 01:28:28.960]  Okay. That's fine, but that's still two separate things, isn't it?
[01:28:28.960 --> 01:28:29.960]  Exactly.
[01:28:29.960 --> 01:28:32.960]  Okay. So where's the procedure on the examination?
[01:28:32.960 --> 01:28:37.960]  Nowhere. The only place it talks about an examination is in the duties of the sheriff after the arrest.
[01:28:37.960 --> 01:28:41.960]  Okay. And you've got a constitutional argument there.
[01:28:41.960 --> 01:28:45.960]  I was supposed to be given an examination, yet I was not.
[01:28:45.960 --> 01:28:50.960]  And even if I have been given the examination, where's the procedure for doing it?
[01:28:50.960 --> 01:28:54.960]  It's not in the law that we can find anywhere.
[01:28:54.960 --> 01:29:00.960]  So I am being denied a due process step here because there's no law to protect me in this
[01:29:00.960 --> 01:29:04.960]  examining trial to ensure they do what they're supposed to do.
[01:29:04.960 --> 01:29:08.960]  Exactly. I looked it up in Black's Law, just examination in Black's Law.
[01:29:08.960 --> 01:29:11.960]  It goes through all the procedures in Black's Law.
[01:29:11.960 --> 01:29:15.960]  Yeah. Okay. Well, I think we've got this horse pretty well beat.
[01:29:15.960 --> 01:29:19.960]  There's a couple things you need to research in that regard, but we're getting some callers on the board,
[01:29:19.960 --> 01:29:21.960]  so I'm going to go ahead and cut you loose.
[01:29:21.960 --> 01:29:23.960]  Is there anything else you need to know before we do?
[01:29:23.960 --> 01:29:26.960]  No, that's good. I just wanted to know the cause of the action. Okay, thanks.
[01:29:26.960 --> 01:29:29.960]  All right. Thanks for calling in, Stephen.
[01:29:29.960 --> 01:29:32.960]  All right. Now we're going to Stephen in Illinois.
[01:29:32.960 --> 01:29:35.960]  Good evening, Stephen in Illinois. What can we do for you?
[01:29:35.960 --> 01:29:40.960]  Oh, I guess we can't do much yet. If you'll hang on, we will be right back with you.
[01:29:40.960 --> 01:29:44.960]  We're about to go on another break, so just hold on, everybody.
[01:29:44.960 --> 01:29:47.960]  Let's see, Michael in Maryland and Mitchell in Texas, we see you.
[01:29:47.960 --> 01:29:50.960]  Please hang on. We'll get to you guys on the other side of the break.
[01:29:50.960 --> 01:29:53.960]  This is Eddie Craig, Deborah Stevens, Rule of Law Radio.
[01:29:53.960 --> 01:29:59.960]  Give us a call, 512-646-1984.
[01:30:23.960 --> 01:30:32.960]  Being overweight in Japan is illegal.
[01:30:32.960 --> 01:30:35.960]  Citizens with bloated waistlines are labeled Metabo
[01:30:35.960 --> 01:30:37.960]  and must slim down to meet government mandates.
[01:30:37.960 --> 01:30:39.960]  Will the U.S. follow suit?
[01:30:39.960 --> 01:30:43.960]  I'm Dr. Catherine Albert, and I'll be back to weigh in on this issue in just a moment.
[01:30:43.960 --> 01:30:47.960]  Your search engine is watching you, recording all your searches
[01:30:47.960 --> 01:30:51.960]  and creating a massive database of your personal information.
[01:30:51.960 --> 01:30:54.960]  That's creepy, but it doesn't have to be that way.
[01:30:54.960 --> 01:30:57.960]  Startpage.com is the world's most private search engine.
[01:30:57.960 --> 01:31:01.960]  Startpage doesn't store your IP address, make a record of your searches,
[01:31:01.960 --> 01:31:04.960]  or use tracking cookies, and they're third-party certified.
[01:31:04.960 --> 01:31:08.960]  If you don't like Big Brother spying on you, start over with Startpage.
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[01:31:11.960 --> 01:31:14.960]  Startpage.com, the world's most private search engine.
[01:31:14.960 --> 01:31:18.960]  Japan's universal healthcare system is a budget buster.
[01:31:18.960 --> 01:31:22.960]  Overweight citizens raise costs, so the government wants to whittle waistlines.
[01:31:22.960 --> 01:31:26.960]  Men with weights over 33 inches and women with weights over 35 inches
[01:31:26.960 --> 01:31:28.960]  are illegally overweight.
[01:31:28.960 --> 01:31:30.960]  It doesn't matter how tall you are.
[01:31:30.960 --> 01:31:33.960]  Companies face heavy fines if employees don't slim down,
[01:31:33.960 --> 01:31:36.960]  so workers are pressured into weight loss programs.
[01:31:36.960 --> 01:31:39.960]  Here in the U.S., grocers stop and shop once considered sharing
[01:31:39.960 --> 01:31:42.960]  shopper card purchase data with HMOs,
[01:31:42.960 --> 01:31:45.960]  presumably to punish shoppers choosing bacon over bran.
[01:31:45.960 --> 01:31:49.960]  And with Obamacare, mandated measurements in food needs could be just around
[01:31:49.960 --> 01:31:52.960]  the corner unless we say no to health surveillance today.
[01:31:52.960 --> 01:32:15.960]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:22.960 --> 01:32:49.960]  Thank you.
[01:32:49.960 --> 01:32:53.960]  Good morning, chip you in the evening, chip you all the dinner time.
[01:32:53.960 --> 01:32:57.960]  Experiment on mankind, but man, you know, say them lie.
[01:32:57.960 --> 01:33:00.960]  Well, we don't want no chip, man, you have your body.
[01:33:00.960 --> 01:33:03.960]  Freedom or something, man, you fight for it.
[01:33:03.960 --> 01:33:05.960]  You should tell them they feel ready.
[01:33:05.960 --> 01:33:07.960]  Constitution set us free.
[01:33:07.960 --> 01:33:10.960]  Don't let them put no chip in your body.
[01:33:10.960 --> 01:33:12.960]  Put no chip in your dog or cat, you see.
[01:33:12.960 --> 01:33:14.960]  No put no chip in your cow and go eat it.
[01:33:14.960 --> 01:33:17.960]  No put no chip in the fish and go eat it.
[01:33:17.960 --> 01:33:19.960]  All in the wheel and the shark in the sea.
[01:33:19.960 --> 01:33:22.960]  Put the little chip in the little beady.
[01:33:22.960 --> 01:33:24.960]  Want to put the chip in the ground for you see.
[01:33:24.960 --> 01:33:26.960]  Want to put the little chip in the iron body.
[01:33:26.960 --> 01:33:29.960]  If me go hide in the Atlantic sea.
[01:33:29.960 --> 01:33:31.960]  One did have the light, me say go go find me.
[01:33:31.960 --> 01:33:33.960]  Satellite get bad, satellite get on me.
[01:33:33.960 --> 01:33:34.960]  All right, folks, we are back.
[01:33:34.960 --> 01:33:39.960]  Rule of Law Radio 512-646-1984 is the call-in number.
[01:33:39.960 --> 01:33:42.960]  We have a couple of callers on the board.
[01:33:42.960 --> 01:33:45.960]  We've got Stephen in Illinois, then we have Mitchell in Texas,
[01:33:45.960 --> 01:33:47.960]  and then Michael in Maryland.
[01:33:47.960 --> 01:33:50.960]  So Stephen in Illinois, please continue with your question.
[01:33:50.960 --> 01:33:51.960]  Yeah, good evening.
[01:33:51.960 --> 01:33:53.960]  Thanks for taking my question.
[01:33:53.960 --> 01:34:01.960]  I got a situation where a colleague of mine and I were involved in some real estate transactions.
[01:34:01.960 --> 01:34:05.960]  And he's actually surprised he's not calling.
[01:34:05.960 --> 01:34:07.960]  And I suppose we'd be calling together.
[01:34:07.960 --> 01:34:16.960]  But nonetheless, he was arrested on a buyer fraud charge because he was involved.
[01:34:16.960 --> 01:34:18.960]  And he's not a real estate agent.
[01:34:18.960 --> 01:34:19.960]  He's not a broker.
[01:34:19.960 --> 01:34:21.960]  He's not a buyer or seller.
[01:34:21.960 --> 01:34:27.960]  He was a facilitator and got arrested just because he got paid out of the deal.
[01:34:27.960 --> 01:34:31.960]  The charges, this happened about a year ago.
[01:34:31.960 --> 01:34:34.960]  The feds came to his house, arrested him.
[01:34:34.960 --> 01:34:40.960]  And they dropped the charges without prejudice.
[01:34:40.960 --> 01:34:42.960]  He has an attorney involved.
[01:34:42.960 --> 01:34:45.960]  And because I'm involved, I'm being proactive too.
[01:34:45.960 --> 01:34:51.960]  But I guess my thing is we've both been told not to hire attorneys.
[01:34:51.960 --> 01:34:55.960]  I know that he's done UCC paperwork and all of this stuff, I guess,
[01:34:55.960 --> 01:35:06.960]  to prepare him, you know, to, I guess, battle the situation in a different type of scenario as a sovereign or secured party.
[01:35:06.960 --> 01:35:07.960]  Okay.
[01:35:07.960 --> 01:35:12.960]  Well, let me tell you first off what the UCC paperwork is actually going to wind up meaning for you guys if you use it.
[01:35:12.960 --> 01:35:16.960]  You see that cell?
[01:35:16.960 --> 01:35:18.960]  That's what it's going to wind up meaning.
[01:35:18.960 --> 01:35:19.960]  Oh, okay.
[01:35:19.960 --> 01:35:20.960]  All right?
[01:35:20.960 --> 01:35:22.960]  Don't do that.
[01:35:22.960 --> 01:35:24.960]  Use the law against them.
[01:35:24.960 --> 01:35:26.960]  They're using it against you.
[01:35:26.960 --> 01:35:28.960]  Use it against them.
[01:35:28.960 --> 01:35:29.960]  Okay?
[01:35:29.960 --> 01:35:35.960]  This UCC stuff is going to get more people hurt than it's ever going to help.
[01:35:35.960 --> 01:35:36.960]  Okay.
[01:35:36.960 --> 01:35:38.960]  All right?
[01:35:38.960 --> 01:35:39.960]  Okay.
[01:35:38.960 --> 01:35:45.960]  First thing is, has anybody read the statutes you're being charged under, whether they be federal or state?
[01:35:45.960 --> 01:35:47.960]  Has anyone read them?
[01:35:47.960 --> 01:35:49.960]  When you say read them, what do you mean?
[01:35:49.960 --> 01:35:55.960]  As in looked at them and read them top to bottom to see what you're being charged with?
[01:35:55.960 --> 01:35:56.960]  Yeah.
[01:35:56.960 --> 01:36:00.960]  Title 18, the United States Code 1343.
[01:36:00.960 --> 01:36:01.960]  Okay.
[01:36:00.960 --> 01:36:02.960]  And where was this cell?
[01:36:02.960 --> 01:36:05.960]  Was it across interstate lines?
[01:36:05.960 --> 01:36:12.960]  Well, the cell happened in one particular state, but the financing came from a bank from another state.
[01:36:12.960 --> 01:36:13.960]  Okay.
[01:36:13.960 --> 01:36:21.960]  And under this particular statute under Title 18, what are the elements of the crime?
[01:36:21.960 --> 01:36:31.960]  Well, it says, devising a scheme to defraud for obtaining money or property by means of false pretenses,
[01:36:31.960 --> 01:36:38.960]  representations of pretenses, transmits or causes to be transmitted by means of wire communication
[01:36:38.960 --> 01:36:45.960]  and interstate commerce, any writing, signals and sounds for the purpose of executing such a scheme.
[01:36:45.960 --> 01:36:46.960]  Okay.
[01:36:46.960 --> 01:36:52.960]  And what is the scheme particularly that your partners allegedly committed here?
[01:36:52.960 --> 01:37:04.960]  Well, I guess the buyers basically purported that, you know, they had the income to support purchasing these homes.
[01:37:04.960 --> 01:37:10.960]  They defaulted on the loans, therefore now the dominoes have failed and, you know, people are getting dragged in now.
[01:37:10.960 --> 01:37:13.960]  Okay.
[01:37:13.960 --> 01:37:16.960]  But how does your friend tie into all this?
[01:37:16.960 --> 01:37:20.960]  Well, basically, you know, they're calling it a conspiracy.
[01:37:20.960 --> 01:37:28.960]  I mean, mortgage brokers have been pulled in, title companies, like I said, the person who bought the home.
[01:37:28.960 --> 01:37:35.960]  And again, I was a part of, you know, facilitating, bringing parties together to help execute the buying
[01:37:35.960 --> 01:37:36.960]  and selling of these properties.
[01:37:36.960 --> 01:37:42.960]  So I know it's just a matter of time before, you know, something comes in my way.
[01:37:42.960 --> 01:37:45.960]  Okay.
[01:37:45.960 --> 01:37:46.960]  All right.
[01:37:46.960 --> 01:37:52.960]  So was your friend working for himself or did he work for somebody else or were we dealing with you?
[01:37:52.960 --> 01:37:54.960]  Well, we both, we didn't work for a company.
[01:37:54.960 --> 01:37:56.960]  We just were individuals who did this, you know.
[01:37:56.960 --> 01:37:58.960]  You know, you wanted to buy a house.
[01:37:58.960 --> 01:38:00.960]  John Smith was selling it.
[01:38:00.960 --> 01:38:01.960]  We put you two together.
[01:38:01.960 --> 01:38:07.960]  And, you know, we knew mortgage brokers and people, you know, who could help make the deal happen.
[01:38:07.960 --> 01:38:09.960]  Okay.
[01:38:09.960 --> 01:38:19.960]  So the question is, we've gotten all kind of theories, okay, everything from, well, they dismissed it, you know,
[01:38:19.960 --> 01:38:24.960]  without prejudice because they want to obviously compile more information, do more, you know, do more.
[01:38:24.960 --> 01:38:28.960]  Right. Without prejudice simply means we're going to dismiss it for now,
[01:38:28.960 --> 01:38:32.960]  but we can come back later if we get enough information to make this stick.
[01:38:32.960 --> 01:38:33.960]  Exactly.
[01:38:33.960 --> 01:38:34.960]  That's what it means.
[01:38:34.960 --> 01:38:35.960]  Okay.
[01:38:35.960 --> 01:38:37.960]  And that's exactly what they'll do if they can.
[01:38:37.960 --> 01:38:40.960]  What's the statute of limitations on the charge?
[01:38:40.960 --> 01:38:43.960]  There is no statute of limitations on it.
[01:38:43.960 --> 01:38:46.960]  There's always a statute of limitations.
[01:38:46.960 --> 01:38:49.960]  Well, I've looked and...
[01:38:49.960 --> 01:38:55.960]  The only thing in America that does not have a statute of limitations is murder.
[01:38:55.960 --> 01:38:56.960]  Okay.
[01:38:56.960 --> 01:38:59.960]  Well, I mean, I've looked for the statute on it.
[01:38:59.960 --> 01:39:05.960]  The deal's happened in 2005.
[01:39:05.960 --> 01:39:09.960]  And, again, I don't know if there's a statute on it or not.
[01:39:09.960 --> 01:39:10.960]  Okay.
[01:39:10.960 --> 01:39:11.960]  Well, let's put it this way.
[01:39:11.960 --> 01:39:13.960]  Basically, the charge is fraud, right?
[01:39:13.960 --> 01:39:14.960]  Correct.
[01:39:14.960 --> 01:39:20.960]  So what is the statute of limitations on the various types of frauds at the federal level?
[01:39:20.960 --> 01:39:22.960]  Again, I don't know.
[01:39:22.960 --> 01:39:23.960]  Right.
[01:39:23.960 --> 01:39:27.960]  You need to be finding out because most likely there's going to be a direct correlation.
[01:39:27.960 --> 01:39:29.960]  Okay.
[01:39:29.960 --> 01:39:31.960]  All right.
[01:39:31.960 --> 01:39:32.960]  Okay.
[01:39:32.960 --> 01:39:34.960]  We've been told not to hire attorneys and all.
[01:39:34.960 --> 01:39:35.960]  Well, of course you have.
[01:39:35.960 --> 01:39:41.960]  That gives no one time to prepare for you.
[01:39:41.960 --> 01:39:45.960]  The longer you spend floundering around in the water unprotected,
[01:39:45.960 --> 01:39:49.960]  the more they're able to question you and dig up information on you
[01:39:49.960 --> 01:39:53.960]  and do what they want to do to make you hang yourself and save them the effort.
[01:39:53.960 --> 01:39:54.960]  Okay.
[01:39:54.960 --> 01:39:56.960]  So should attorneys be hired?
[01:39:56.960 --> 01:40:04.960]  If you feel for one moment that your freedom or any other piece of property is at risk in this situation
[01:40:04.960 --> 01:40:11.960]  and you don't feel capable of defending yourself, by all means hire an attorney.
[01:40:11.960 --> 01:40:12.960]  Okay.
[01:40:12.960 --> 01:40:15.960]  But learn how to control them when you do.
[01:40:15.960 --> 01:40:18.960]  And don't let them sell you down the river in the process.
[01:40:18.960 --> 01:40:21.960]  And that's my fear.
[01:40:21.960 --> 01:40:26.960]  Well, that fear is not any greater than you doing it by yourself not having a clue what you're getting into.
[01:40:26.960 --> 01:40:28.960]  Right.
[01:40:28.960 --> 01:40:33.960]  The thing about the attorney is he's a lot easier because you're dealing with a known quantity here.
[01:40:33.960 --> 01:40:34.960]  Okay.
[01:40:34.960 --> 01:40:42.960]  Protect my rights, every one of my rights, or I will bargain with you for every one you fail to protect.
[01:40:42.960 --> 01:40:50.960]  And I will do it if I even smell a hint of it on the air that you're going to sell me down the river.
[01:40:50.960 --> 01:40:52.960]  Okay.
[01:40:52.960 --> 01:40:54.960]  Okay.
[01:40:54.960 --> 01:41:08.960]  So I guess the thing is in regards to if an indictment comes down, you know, at that juncture,
[01:41:08.960 --> 01:41:14.960]  you know, with that charging instrument coming down like that, what would you advise to be done at that point,
[01:41:14.960 --> 01:41:17.960]  if an attorney is involved or not?
[01:41:17.960 --> 01:41:21.960]  Well, at that point, yeah, I'd most assuredly have one involved.
[01:41:21.960 --> 01:41:27.960]  Now, right now, you can go consult with one and let them know what's up
[01:41:27.960 --> 01:41:31.960]  and see if there's any that are willing to take your case should it come to that.
[01:41:31.960 --> 01:41:32.960]  Okay.
[01:41:32.960 --> 01:41:36.960]  But if you find one, they're going to want a retainer fee.
[01:41:36.960 --> 01:41:39.960]  I can tell you that right now, they're going to want a retainer.
[01:41:39.960 --> 01:41:41.960]  And I cannot tell you how much that will be.
[01:41:41.960 --> 01:41:43.960]  That will be up to the attorney.
[01:41:43.960 --> 01:41:44.960]  Sure.
[01:41:44.960 --> 01:41:49.960]  But at least you'll have somebody on call if and when that paperwork comes
[01:41:49.960 --> 01:41:53.960]  or those people show up, whichever way it works.
[01:41:53.960 --> 01:41:54.960]  Okay.
[01:41:54.960 --> 01:41:55.960]  Okay.
[01:41:55.960 --> 01:42:00.960]  So some of the things I've heard about, you know, and again,
[01:42:00.960 --> 01:42:07.960]  I've talked to a variety of different people in regards to how to respond to this in the event that it comes.
[01:42:07.960 --> 01:42:12.960]  And a lot of these people I've talked to are from, like I said, that sovereign patron community
[01:42:12.960 --> 01:42:15.960]  who have given me advice on how to handle myself.
[01:42:15.960 --> 01:42:20.960]  So what you're saying, you know, the minute that kind of comes out of my mouth, you said,
[01:42:20.960 --> 01:42:23.960]  you know, basically I'm looking at a jail cell.
[01:42:23.960 --> 01:42:26.960]  Yeah, because they're not going to fly in with that argument.
[01:42:26.960 --> 01:42:27.960]  Okay.
[01:42:27.960 --> 01:42:30.960]  The problem with the UCC argument is this.
[01:42:30.960 --> 01:42:32.960]  UCC is commercial.
[01:42:32.960 --> 01:42:34.960]  It's got nothing to do with criminal.
[01:42:34.960 --> 01:42:38.960]  And that's where they're coming at you from in this particular case is criminal.
[01:42:38.960 --> 01:42:40.960]  It's oil and water.
[01:42:40.960 --> 01:42:42.960]  They don't mix.
[01:42:42.960 --> 01:42:44.960]  Okay.
[01:42:44.960 --> 01:42:50.960]  Anybody that tells you different is selling you seminar material that doesn't work.
[01:42:50.960 --> 01:42:51.960]  Okay.
[01:42:51.960 --> 01:42:55.960]  Because it's not geared toward the venue that you're trying to use it in.
[01:42:55.960 --> 01:42:56.960]  Okay.
[01:42:56.960 --> 01:42:58.960]  It just isn't.
[01:42:58.960 --> 01:43:04.960]  So, you know, the argument about, you know, they can't come at you because there's not a harmed,
[01:43:04.960 --> 01:43:05.960]  an injured party.
[01:43:05.960 --> 01:43:08.960]  Well, now, that's something different.
[01:43:08.960 --> 01:43:13.960]  An injured party in this instance is easy enough to prove if they can show a fraud was committed
[01:43:13.960 --> 01:43:20.960]  because a fraud can only be committed if there is an injured party or the intent to create one.
[01:43:20.960 --> 01:43:21.960]  And who would be the injured party?
[01:43:21.960 --> 01:43:22.960]  The bank?
[01:43:22.960 --> 01:43:27.960]  Whoever invested money, they shouldn't have lost.
[01:43:27.960 --> 01:43:30.960]  It really just depends upon the situation.
[01:43:30.960 --> 01:43:34.960]  But if anybody transferred anything in their possession upon the word
[01:43:34.960 --> 01:43:40.960]  and facts presented by another that were false, that's fraud.
[01:43:40.960 --> 01:43:42.960]  Okay.
[01:43:42.960 --> 01:43:48.960]  Okay, Stephen, thank you for the call.
[01:43:48.960 --> 01:43:49.960]  All right.
[01:43:49.960 --> 01:43:51.960]  So, folks, we're about to go to break, so hang in there.
[01:43:51.960 --> 01:43:54.960]  This is Rule of Law Radio, Eddie Craig, Deborah Stevens.
[01:43:54.960 --> 01:43:59.960]  We will be right back to our other callers.
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[01:46:23.960 --> 01:46:39.960]  All right, folks, we are back, Rule of Law, ruleoflawradio.com.
[01:46:39.960 --> 01:46:41.960]  Watching the sparks fly.
[01:46:41.960 --> 01:46:42.960]  All right, we are taking our calls.
[01:46:42.960 --> 01:46:43.960]  We've got one segment left.
[01:46:43.960 --> 01:46:45.960]  We've got Mitchell in Texas.
[01:46:45.960 --> 01:46:47.960]  Mitchell, thanks for calling in.
[01:46:47.960 --> 01:46:48.960]  What is your question tonight?
[01:46:48.960 --> 01:46:49.960]  Hi, Deborah.
[01:46:49.960 --> 01:46:50.960]  Hi, Eddie.
[01:46:50.960 --> 01:46:51.960]  Hi.
[01:46:51.960 --> 01:46:56.960]  A follow-up from a question last Friday about this post-CSA issue,
[01:46:56.960 --> 01:46:59.960]  and I've got a nonrefundable ticket.
[01:46:59.960 --> 01:47:00.960]  Right.
[01:47:00.960 --> 01:47:06.960]  But I was unaware of sort of the tradition about having to be subject to, you know,
[01:47:06.960 --> 01:47:12.960]  unconstitutional, illegal, et cetera, invasive actions by the CSA.
[01:47:12.960 --> 01:47:13.960]  Right.
[01:47:13.960 --> 01:47:20.960]  So I'm trying to not have to wait until I actually have a harm done to me at the airport.
[01:47:20.960 --> 01:47:24.960]  Okay, Mitchell, I was going to go over this story on Thursday,
[01:47:24.960 --> 01:47:27.960]  and I will go over it in detail on Thursday.
[01:47:27.960 --> 01:47:28.960]  There's not time tonight.
[01:47:28.960 --> 01:47:29.960]  Tonight was traffic night.
[01:47:29.960 --> 01:47:33.960]  But I will just briefly go over the situation.
[01:47:33.960 --> 01:47:38.960]  There's a gentleman named Johnny Hedge who basically this happened to him.
[01:47:38.960 --> 01:47:40.960]  He had a non- this was over the weekend.
[01:47:40.960 --> 01:47:41.960]  This was on Saturday.
[01:47:41.960 --> 01:47:44.960]  He flew out of San Diego, or he was trying to fly out of San Diego.
[01:47:44.960 --> 01:47:47.960]  He bought a nonrefundable ticket from American Airlines.
[01:47:47.960 --> 01:47:50.960]  They pulled him out of the line for the naked body scanner.
[01:47:50.960 --> 01:47:51.960]  He said no.
[01:47:51.960 --> 01:47:53.960]  And they said, well, you're going to have to be padded down.
[01:47:53.960 --> 01:47:58.960]  And they explained to him the new procedures of the crotch open-handed palm,
[01:47:58.960 --> 01:48:03.960]  you know, open palms crotch grabbing now and breast grabbing for the women too.
[01:48:03.960 --> 01:48:06.960]  And he said, no, you're not going to do that to me either.
[01:48:06.960 --> 01:48:13.960]  And, well, basically to make a long story short, after a brouhaha, he was escorted out.
[01:48:13.960 --> 01:48:15.960]  They said, well, you can't fly.
[01:48:15.960 --> 01:48:19.960]  And so he said, well, then you can escort me past the ticket counter on the way out
[01:48:19.960 --> 01:48:21.960]  because I'm going to try to get my money back.
[01:48:21.960 --> 01:48:24.960]  And American Airlines gave him his money back.
[01:48:24.960 --> 01:48:26.960]  And so that happened.
[01:48:26.960 --> 01:48:34.960]  Now after that, TSA tried to detain him again saying that he needed to go back
[01:48:34.960 --> 01:48:38.960]  and finish the screening process because once you start into the security area,
[01:48:38.960 --> 01:48:41.960]  once you start the screening process, you have to finish it.
[01:48:41.960 --> 01:48:44.960]  And he said, no, I am not going to go through the screening process
[01:48:44.960 --> 01:48:46.960]  as a condition of leaving the airport.
[01:48:46.960 --> 01:48:51.960]  And, you know, basically said, are you going to have me arrested if I attempt to leave?
[01:48:51.960 --> 01:48:53.960]  And they said, well, no, we're just trying to help you
[01:48:53.960 --> 01:48:57.960]  because you could be subject to a $10,000 fine and a lawsuit
[01:48:57.960 --> 01:49:00.960]  if you leave the airport without completing the screening process.
[01:49:00.960 --> 01:49:04.960]  And he basically told him to shove it and said, bring the lawsuit.
[01:49:04.960 --> 01:49:10.960]  And so I guess just my short answer to you for now is go ahead and try to get on the plane.
[01:49:10.960 --> 01:49:13.960]  And if they try to make you go through the naked body scanner,
[01:49:13.960 --> 01:49:14.960]  you say no.
[01:49:14.960 --> 01:49:18.960]  If they want to grab your cross, you say no and say I'm not going to,
[01:49:18.960 --> 01:49:20.960]  I guess I'm going to have to leave the airport.
[01:49:20.960 --> 01:49:22.960]  I guess I'm not going to be able to get on my plane.
[01:49:22.960 --> 01:49:25.960]  Please escort me to the ticket counter so I can get my money back.
[01:49:25.960 --> 01:49:33.960]  And then you'll be able to sue TSA at that point for violating your right to travel.
[01:49:33.960 --> 01:49:38.960]  And I saw that story also and I'm aware American gave him a refund.
[01:49:38.960 --> 01:49:41.960]  For reasons I won't go into now because there's not enough time,
[01:49:41.960 --> 01:49:47.960]  but I'm not really in a situation where I can do that because I've got to be somewhere at a certain time.
[01:49:47.960 --> 01:49:51.960]  So I'm really trying to avoid having to get into all of that.
[01:49:51.960 --> 01:49:58.960]  So what I'm thinking is if there is a demonstrable cause of action that can be,
[01:49:58.960 --> 01:50:07.960]  for lack of a better word, threatened at this time to ultimately take a lot or file for a lawsuit,
[01:50:07.960 --> 01:50:13.960]  preemptively I don't think so.
[01:50:13.960 --> 01:50:19.960]  You have to have suffered a harm in order to have a standing to file a lawsuit.
[01:50:19.960 --> 01:50:24.960]  And the fact is you haven't suffered a harm yet and even if you went to the airport,
[01:50:24.960 --> 01:50:30.960]  you may not suffer a harm because right now they're not requiring everyone to go through these scanners and pat-downs.
[01:50:30.960 --> 01:50:37.960]  It's only, you know, they just pull out certain people so you can't really file a lawsuit if you haven't suffered a harm.
[01:50:37.960 --> 01:50:45.960]  And actually what's sort of even more ugly about this situation is I think in Austin here they don't yet have the scanners,
[01:50:45.960 --> 01:50:47.960]  the full body scanners at the airport.
[01:50:47.960 --> 01:50:50.960]  I called over today and they at least said that they don't.
[01:50:50.960 --> 01:50:57.960]  But the state that I'm going to, the airport there, does have them in some locations and I'm not very comfortable.
[01:50:57.960 --> 01:51:04.960]  Like I know at least in Texas' Constitution, you know, it repeats the Fourth Amendment in our Constitution,
[01:51:04.960 --> 01:51:11.960]  our Texas Constitution, so I'm pretty comfortable that, you know, here it definitely is unconstitutional on the state level,
[01:51:11.960 --> 01:51:14.960]  but I'm not so comfortable about that in this other state.
[01:51:14.960 --> 01:51:16.960]  Well, it would be federal.
[01:51:16.960 --> 01:51:26.960]  Well, but yeah, but sort of getting an action in a federal court is not something I really want to do at this point
[01:51:26.960 --> 01:51:30.960]  or I'm more comfortable doing it on the state level.
[01:51:30.960 --> 01:51:37.960]  You may have to if you plan on suing TSA, you'd have to sue in federal court.
[01:51:37.960 --> 01:51:41.960]  You can't sue a federal entity in state court.
[01:51:41.960 --> 01:51:50.960]  Yeah, actually what I was trying to sort of configure a way to do was to actually sue the airline for not having disclosed to me
[01:51:50.960 --> 01:51:58.960]  in order to engage in commerce with them that they did not disclose to me that I'd have to go through something unconstitutional.
[01:51:58.960 --> 01:52:09.960]  So that's sort of the take or the twist I'm hoping to be able to find some way to do and then actually go after the airline and not the TSA.
[01:52:09.960 --> 01:52:15.960]  Well, Mitchell, what I would suggest at this point, if you think that you can safely get on the plane in Austin,
[01:52:15.960 --> 01:52:23.960]  if you're concerned about getting home, call around to different airports that are in different cities that are within a reasonable
[01:52:23.960 --> 01:52:31.960]  driving distance of your destination and see if you can find an airport that is a safe airport to return and then call up the airline
[01:52:31.960 --> 01:52:38.960]  and say you want to change the routing of your flight even though it's a non-refundable ticket and explain to them why
[01:52:38.960 --> 01:52:47.960]  and they might let you, since you're not asking for your money back, since you're just asking to change the destination,
[01:52:47.960 --> 01:52:50.960]  they might let you change the ticket.
[01:52:50.960 --> 01:52:59.960]  You may have to pay a little bit more or something or you may have to pay a $50 change of reservation fee or something.
[01:52:59.960 --> 01:53:01.960]  Jerry and I were talking about this last night.
[01:53:01.960 --> 01:53:04.960]  It's like how are we going to go anywhere anymore?
[01:53:04.960 --> 01:53:09.960]  It's like they're really, really closing all the loopholes here for us, so to speak.
[01:53:09.960 --> 01:53:16.960]  They're closing in the mesh and, you know, if we want to fly anywhere, we've got to call around and find safe airports to fly in
[01:53:16.960 --> 01:53:20.960]  and out of that are within reasonable driving distances.
[01:53:20.960 --> 01:53:22.960]  So that would be my suggestion right now.
[01:53:22.960 --> 01:53:31.960]  Yeah, it just seems really unreasonable or sort of collusionable that an airline is sort of casting on the information that,
[01:53:31.960 --> 01:53:37.960]  you know, you cannot get on our plane unless you suggest yourself to this.
[01:53:37.960 --> 01:53:44.960]  Well, see, they may have already disclosed it because if it's part of the contract when you buy a ticket
[01:53:44.960 --> 01:53:53.960]  that you have to comply with TSA security policy, then you've already agreed to that contract.
[01:53:53.960 --> 01:54:01.960]  Again, until at this point you haven't suffered a harm yet because you haven't even stepped foot in the airport.
[01:54:01.960 --> 01:54:10.960]  And there's no sort of precedent for or precedent for a not or realizing that something could happen
[01:54:10.960 --> 01:54:17.960]  and, you know, finding some way to like get an injunction to prevent that from happening?
[01:54:17.960 --> 01:54:19.960]  I don't think so.
[01:54:19.960 --> 01:54:28.960]  We should talk about it with Randy some more on Thursday night, but I don't think so because nothing has happened to you yet.
[01:54:28.960 --> 01:54:35.960]  And like I said, right now it's not a requirement that every single person either get patted down
[01:54:35.960 --> 01:54:38.960]  or go through the naked body scanners.
[01:54:38.960 --> 01:54:40.960]  It's only certain people that get pulled out of line.
[01:54:40.960 --> 01:54:44.960]  So you can't really say that you know for sure you would be harmed.
[01:54:44.960 --> 01:54:51.960]  I don't think that's true, Debra, from what I've heard is where they have the full body scanners, if you opt out,
[01:54:51.960 --> 01:54:55.960]  like you've heard those other stories like that Lady Meg from...
[01:54:55.960 --> 01:55:02.960]  Yes, yes, I know, but the point that I'm trying to make is you don't know for sure that you would be chosen
[01:55:02.960 --> 01:55:05.960]  and pulled out of the line to go through the naked body scanner.
[01:55:05.960 --> 01:55:08.960]  I don't know, but what I'm saying is if they've got a naked body scanner,
[01:55:08.960 --> 01:55:13.960]  then you either A, go through the naked body scanner or B, get grossed.
[01:55:13.960 --> 01:55:19.960]  If you are chosen to get pulled out of the metal detector line to go through one of those,
[01:55:19.960 --> 01:55:27.960]  what I'm trying to say is not every single passenger is required to either go through the naked body scanner
[01:55:27.960 --> 01:55:28.960]  or get patted down.
[01:55:28.960 --> 01:55:32.960]  Right now it's only certain people that they're pulling out of the line.
[01:55:32.960 --> 01:55:39.960]  Now if the way it's stood right now is that every single person who wants to get on a plane
[01:55:39.960 --> 01:55:42.960]  has to either get patted down or go through the naked body scanner,
[01:55:42.960 --> 01:55:43.960]  no exceptions.
[01:55:43.960 --> 01:55:46.960]  If that was the case right now, you might have an argument,
[01:55:46.960 --> 01:55:52.960]  but you don't know for sure that you would get pulled out of the line and be fit.
[01:55:52.960 --> 01:55:55.960]  I understand what the current situation is, and maybe I'm wrong.
[01:55:55.960 --> 01:55:56.960]  No, no, no.
[01:55:56.960 --> 01:55:59.960]  It is not a requirement for every single passenger.
[01:55:59.960 --> 01:56:06.960]  Just because the naked body scanners are in an airport does not mean every single passenger has to go through it.
[01:56:06.960 --> 01:56:08.960]  It's only certain people that are pulled out of the line,
[01:56:08.960 --> 01:56:12.960]  and you don't know that you would be one of the ones that get pulled out of the line.
[01:56:12.960 --> 01:56:14.960]  But listen, let's talk about this some more on Thursday night,
[01:56:14.960 --> 01:56:17.960]  because Michael from Maryland has been holding for like 45 minutes,
[01:56:17.960 --> 01:56:22.960]  and I was going to cover this story and I was going to cover this issue in depth on Thursday.
[01:56:22.960 --> 01:56:23.960]  That sounds great.
[01:56:23.960 --> 01:56:24.960]  Okay, thanks, Mitchell.
[01:56:24.960 --> 01:56:26.960]  Okay, we only got a couple minutes left.
[01:56:26.960 --> 01:56:29.960]  We're going now to Michael in Maryland.
[01:56:29.960 --> 01:56:32.960]  Michael in Maryland, we only got a couple of minutes.
[01:56:32.960 --> 01:56:33.960]  What is your question, quickly?
[01:56:33.960 --> 01:56:34.960]  Thank you, Deborah.
[01:56:34.960 --> 01:56:43.960]  Eddie, could you, or Deborah, tell me how would you begin to get some sense for where to find causes of action?
[01:56:43.960 --> 01:56:45.960]  You mentioned in Texas, it's O'Connor's.
[01:56:45.960 --> 01:56:53.960]  It came as a surprise to me when you mentioned what seemed like five different types of potential nature and causes,
[01:56:53.960 --> 01:56:57.960]  equity and civil possibly being considered the same.
[01:56:57.960 --> 01:57:01.960]  So I'm suddenly finding myself confused and a little off balance.
[01:57:01.960 --> 01:57:03.960]  Where would I go to find that, as far as you know?
[01:57:03.960 --> 01:57:04.960]  I mean, where would I even begin?
[01:57:04.960 --> 01:57:06.960]  Well, now we're talking about two different things here.
[01:57:06.960 --> 01:57:16.960]  Causes of action is something that someone has the right under law to sue another individual or entity because of.
[01:57:16.960 --> 01:57:17.960]  Right.
[01:57:17.960 --> 01:57:27.960]  Under nature and cause, this is when the state or a city or some governmental entity moves against an individual or a business.
[01:57:27.960 --> 01:57:30.960]  So consistently, nature and cause, that's what that is describing, right?
[01:57:30.960 --> 01:57:31.960]  Correct.
[01:57:31.960 --> 01:57:32.960]  Oh, okay.
[01:57:32.960 --> 01:57:35.960]  So you're saying O'Connor's tackles that in Texas?
[01:57:35.960 --> 01:57:42.960]  It tackles it as far as where can an individual or a company sue another individual or company.
[01:57:42.960 --> 01:57:43.960]  Oh.
[01:57:43.960 --> 01:57:44.960]  Okay.
[01:57:44.960 --> 01:57:47.960]  That's what that means by causes of action in that regard.
[01:57:47.960 --> 01:57:49.960]  Those are torts, civil torts.
[01:57:49.960 --> 01:57:50.960]  Right.
[01:57:50.960 --> 01:57:51.960]  Okay.
[01:57:51.960 --> 01:57:56.960]  Nature and cause has to do with I'm being charged with something.
[01:57:56.960 --> 01:57:59.960]  Well, am I being charged with a criminal act, a civil act?
[01:57:59.960 --> 01:58:02.960]  What kind of act is the government charging me with?
[01:58:02.960 --> 01:58:03.960]  Yeah.
[01:58:02.960 --> 01:58:03.960]  Okay.
[01:58:03.960 --> 01:58:04.960]  Thanks.
[01:58:04.960 --> 01:58:05.960]  I'll go back and look in the archives.
[01:58:05.960 --> 01:58:06.960]  Thank you both for all you do.
[01:58:06.960 --> 01:58:07.960]  Bye.
[01:58:06.960 --> 01:58:07.960]  Yes, sir.
[01:58:07.960 --> 01:58:08.960]  Okay.
[01:58:08.960 --> 01:58:09.960]  Thank you.
[01:58:09.960 --> 01:58:12.960]  And call back in on Thursday if you have more questions, Michael.
[01:58:12.960 --> 01:58:13.960]  All right.
[01:58:13.960 --> 01:58:19.960]  We'll be covering this TSA issue in more in-depth on Thursday.
[01:58:19.960 --> 01:58:24.960]  The whole country is in an uproar over it.
[01:58:24.960 --> 01:58:29.960]  There's a national opt-out day on Wednesday, the day before Thanksgiving, we'll be going over that.
[01:58:29.960 --> 01:58:35.960]  And hopefully we'll be having some special guests on the show coming up soon concerning this issue.
[01:58:35.960 --> 01:58:38.960]  This is the rule of law.
[01:58:38.960 --> 01:58:41.960]  Randy Kelton, Eddie Craig, Deborah Stevens.
[01:58:41.960 --> 01:58:43.960]  We will be back on Thursday night.
[01:58:43.960 --> 01:58:48.960]  Tomorrow night is INN World Report Radio and, of course, Agenda 21 Talk.
[01:58:48.960 --> 01:58:56.960]  Wednesday night is brand new show, Truth Exposed Radio with Matt Medina and Cody Hess from We Are Change San Antonio.
[01:58:56.960 --> 01:59:19.960]  We'll see y'all on Thursday.
[01:59:26.960 --> 01:59:51.960]  We'll see y'all on Thursday.
[01:59:51.960 --> 01:59:57.960]  We'll see y'all on Thursday.