[00:00.000 --> 00:10.080] A Danish newspaper says the British security company G4S has sold torture instruments to [00:10.080 --> 00:13.520] Israeli prisons holding Palestinian inmates. [00:13.520 --> 00:18.760] The newspaper said G4S sold the devices to detention facilities in the occupied West [00:18.760 --> 00:23.160] Bank where 9,000 Palestinians are held in Israeli prisons. [00:23.160 --> 00:28.440] The Palestinian Ministry of Detainees says nearly 200 Palestinian inmates have died in [00:28.440 --> 00:33.480] Israeli confinement from medical negligence or torture. [00:33.480 --> 00:39.600] Outgoing South Korean Defense Minister Kim Tae-young said Monday South Korean and U.S. [00:39.600 --> 00:45.120] fighters and warships would immediately strike North Korean targets should the North launch [00:45.120 --> 00:47.400] another attack on the South. [00:47.400 --> 00:52.840] Kim's remark came during high-profile naval and air strike drills on the second day of [00:52.840 --> 00:56.240] a four-day exercise. [00:56.240 --> 01:02.080] In an FBI sting operation, a Somali-American man was arrested after he tried to remotely [01:02.080 --> 01:07.200] detonate a fake car bomb supplied by undercover agents in Portland, Oregon. [01:07.200 --> 01:13.640] Critics suspect Mohamed Osman Mohamed's arrest was part of an FBI campaign to entrap Muslim [01:13.640 --> 01:17.680] men by offering them cash to commit phony acts of terror. [01:17.680 --> 01:23.920] Two days after Mohamed's arrest, the mosque he attended was the victim of arson. [01:23.920 --> 01:29.520] A new report from Friends of the Earth International says the world's largest oil, mining, car [01:29.520 --> 01:34.720] and gas corporations will make hundreds of millions of dollars from a U.N.-backed forest [01:34.720 --> 01:36.120] protection plan. [01:36.120 --> 01:41.320] The report to be launched Tuesday at the opening of the Global Climate Summit in Cancun, Mexico [01:41.320 --> 01:47.000] is the first major assessment of several hundred large-scale pilot schemes on reduced emissions [01:47.000 --> 01:49.520] from deforestation and degradation. [01:49.520 --> 01:55.840] Banks, airlines, gas companies and plantation companies have scrambled into forestry protection [01:55.840 --> 01:58.840] with the prospect of making millions of dollars. [01:58.840 --> 02:04.360] Merrill Lynch's investment of $10 million could generate more than $430 million over [02:04.360 --> 02:10.360] 30 years from a project to protect 1.8 million acres of forest in Indonesia. [02:10.360 --> 02:15.760] But the report warns the scheme will lead to the privatization of the world's forests, [02:15.760 --> 02:20.800] so transferring them out of the hands of indigenous people and local communities and into the [02:20.800 --> 02:23.520] hands of bankers and carbon traders. [02:23.520 --> 02:30.680] The U.K. Guardian says leaked U.S. State Department cables show Israel warned the U.S. time was [02:30.680 --> 02:34.840] running out to stop Iran from acquiring a nuclear bomb. [02:34.840 --> 02:40.480] Israeli Defense Minister Ehud Barak told U.S. congressmen in June 2009 there was a window [02:40.480 --> 02:46.240] of between 6 and 18 months from now in which stopping Iran from acquiring nuclear weapons [02:46.240 --> 02:48.080] might still be viable. [02:48.080 --> 02:53.040] In a confidential State Department document, Barak said that after that, quote, any military [02:53.040 --> 03:13.440] solution would result in unacceptable collateral damage. [04:23.040 --> 04:29.840] November 29, 2010, so we are live in Not Memorex today. [04:29.840 --> 04:33.120] Okay, there's a couple things I want to go over tonight. [04:33.120 --> 04:37.640] I was originally going to play a recording from a session we had at the mayor's office [04:37.640 --> 04:41.720] with the assistant city manager, but we're going to wait and do that Thursday or Friday. [04:41.720 --> 04:45.520] I've gotten a bunch of emails on this subject, and this is actually what I was going to cover [04:45.520 --> 04:52.520] at our next seminar downtown at Brave New Books this coming Saturday from 3 to 6. [04:52.520 --> 04:56.440] But I'm going to touch on it tonight so that some of the folks that are having these issues [04:56.440 --> 04:59.440] right now will know what to do about them. [04:59.440 --> 05:02.560] The issue is a proper charging instrument. [05:02.560 --> 05:03.560] What are they? [05:03.560 --> 05:04.560] Okay? [05:04.560 --> 05:09.640] Now, I'm going to be using an actual case from someone that I'm helping out. [05:09.640 --> 05:13.400] I'm not going to give any names, but I am going to talk about what we've corresponded [05:13.400 --> 05:15.480] with in the email. [05:15.480 --> 05:22.160] This original response that I sent back to him was on November 1, 2010, in reply to his [05:22.160 --> 05:25.640] email which said, quick reminder of what's going on. [05:25.640 --> 05:27.720] The ticket is for failure to signal. [05:27.720 --> 05:29.420] I hired a lawyer. [05:29.420 --> 05:31.800] The lawyer filed a plea of not guilty. [05:31.800 --> 05:34.400] A pretrial hearing was set for late October. [05:34.400 --> 05:38.080] The date came and went, and after crickets, I asked what was going on. [05:38.080 --> 05:42.000] I'm assuming by crickets, they meant the sound of silence. [05:42.000 --> 05:48.200] The attorney came back, told me that the pretrial would be rescheduled at some point in December. [05:48.200 --> 05:52.480] So I recommended we go back and see what is in the record. [05:52.480 --> 05:55.920] So on November 19th, I got the following email. [05:55.920 --> 06:00.480] I changed my mind after three tries and reminding the court clerk deputies that it is a Class [06:00.480 --> 06:05.800] A misdemeanor to deny me my records, I finally obtained my court records from the clerk herself. [06:05.800 --> 06:08.480] There is a signed information. [06:08.480 --> 06:11.240] In this particular case, he does not mean an information. [06:11.240 --> 06:13.120] He means a complaint. [06:13.120 --> 06:18.400] However, there is no one named as the affiant in the complaint, only the state of Texas, [06:18.400 --> 06:22.600] and then only a signature of some unknown person sworn before the clerk. [06:22.600 --> 06:26.760] The signature does not match the name of the officer on the citation, so I'm guessing it [06:26.760 --> 06:30.640] is not a valid information of what would you do. [06:30.640 --> 06:33.280] The first thing I asked is what kind of court is it? [06:33.280 --> 06:38.480] So on the 20th, I emailed him back and said, is this a justice court or municipal court [06:38.480 --> 06:40.160] that you are being harassed in? [06:40.160 --> 06:43.920] Can you scan in your documents and email them to me as soon as you can so I can go over [06:43.920 --> 06:44.920] them? [06:44.920 --> 06:48.920] The reply back was that it is round, rotten municipal. [06:48.920 --> 06:52.720] The vehicle in which this occurred was the dealer's loaner while they had my vehicle [06:52.720 --> 06:53.720] in the shop. [06:53.720 --> 06:57.880] I recall something in the motion to dismiss the special appearance that I was traveling [06:57.880 --> 06:59.600] in my own vehicle. [06:59.600 --> 07:03.560] After looking at this again, it appears to be someone other than the officer filing an [07:03.560 --> 07:09.080] affidavit as a complaint based on the citation, and I guessed the video evidence. [07:09.080 --> 07:12.120] The court said I would have to obtain the video evidence through discovery. [07:12.120 --> 07:16.400] I could probably obtain it through open records request with the Round Rock Standing Army, [07:16.400 --> 07:19.040] meaning police department. [07:19.040 --> 07:22.000] The complaint is all alone in the record. [07:22.000 --> 07:27.400] I wrote that I highly suggest that you come to Brave New Books today from 3 to 6 and watch [07:27.400 --> 07:31.320] what we are discussing and doing as it bears directly upon the issues that you are having [07:31.320 --> 07:36.320] and what your paperwork shows as missing before the court may lawfully acquire jurisdiction [07:36.320 --> 07:37.840] of your case. [07:37.840 --> 07:42.720] Be aware your attorney has already cost you personal jurisdiction to the court by appearing [07:42.720 --> 07:45.000] on your behalf and entering a plea. [07:45.000 --> 07:48.360] You need to object to that and set your attorney straight. [07:48.360 --> 07:52.080] There does not appear to be a valid complaint in the court record, and there is certainly [07:52.080 --> 07:54.360] no information in the court record. [07:54.360 --> 07:59.440] Therefore, the court lacks jurisdiction to proceed and either enter or take a plea in [07:59.440 --> 08:02.440] the matter. [08:02.440 --> 08:05.880] This attorney will sell you down the river if you let him. [08:05.880 --> 08:08.680] See if you can get him to come with you today. [08:08.680 --> 08:13.320] The document you are referring to in the folder or the court record is not an information, [08:13.320 --> 08:16.320] nor does it identify itself as a complaint. [08:16.320 --> 08:22.200] There is no statutory requirement that the affiant be named in the language of the complaint. [08:22.200 --> 08:27.200] This document does not conform to the statutory requisites of Code of Criminal Procedure Article [08:27.200 --> 08:30.880] 45.018 in the following ways. [08:30.880 --> 08:35.600] This is based upon a copy that he scanned in and sent to me. [08:35.600 --> 08:38.400] The first way it did not conform properly. [08:38.400 --> 08:43.800] It does not identify itself as either a complaint or an information, which has a direct bearing [08:43.800 --> 08:47.720] on who is allowed to sign the document and what it must contain. [08:47.720 --> 08:53.000] Do not let your attorney presume that it is okay because it is almost correct, as there [08:53.000 --> 08:56.020] is no such document in law. [08:56.020 --> 09:00.520] The phrase, contrary to the ordinance of the City of Round Rock, does not conform to the [09:00.520 --> 09:06.360] requisite specified in Article 45.018A7 in two ways. [09:06.360 --> 09:10.400] The proper phrase is, contrary to the said ordinance. [09:10.400 --> 09:15.660] The specific ordinance alleged does not cite within the body of the complaint. [09:15.660 --> 09:18.600] The title of the alleged offense is not enough. [09:18.600 --> 09:23.360] It must tell the accused specifically what the offense is, though it is not required [09:23.360 --> 09:26.840] to list all of the elements of the offense in the complaint. [09:26.840 --> 09:31.760] Three, the complaint alleges that a breach of the peace or a felony was committed in [09:31.760 --> 09:36.000] the presence of the officer at the time of the offense by using the phrase, against the [09:36.000 --> 09:37.000] peace. [09:37.000 --> 09:41.200] I am presuming that such an offense did not occur, which makes the accusation that you [09:41.200 --> 09:46.200] committed a breach of the peace a false statement, and therefore makes the complaint fraudulent [09:46.200 --> 09:47.800] upon its face. [09:47.800 --> 09:52.120] You must object to this no later than one day prior to trial on the marriage pursuant [09:52.120 --> 09:58.000] Article 45.018F, or it will be allowed to stand. [09:58.000 --> 10:03.520] Black's Law Dictionary Sixth Edition defines the phrase in this manner, against the peace, [10:03.520 --> 10:08.040] a technical phrase used in alleging a breach of the peace. [10:08.040 --> 10:12.800] There is no information signed by the prosecuting attorney for the state. [10:12.800 --> 10:19.220] It can be signed by a district or county attorney only, and it is as required by Code of Criminal [10:19.220 --> 10:28.400] Procedure Articles 2.05, 21.20 through 21.23, and 27.01. [10:28.400 --> 10:33.000] So how did the court obtain jurisdiction absent a proper charging instrument? [10:33.000 --> 10:37.520] You must get control of your attorney and threaten bar grievances for every due process [10:37.520 --> 10:43.440] violation that she or he fails to adjudicate in order to protect your right of due process. [10:43.440 --> 10:48.880] Five, also do not forget that you must subpoena any and all recordings made during your traffic [10:48.880 --> 10:53.760] stop or you cannot object to the introduction of any video evidence to be used against you [10:53.760 --> 10:59.960] unless your trial was set within 20 days after the alleged offense occurred, which violates [10:59.960 --> 11:03.400] Code of Criminal Procedure Article 38.22. [11:03.400 --> 11:07.960] The last item is something that I'll be talking about in detail at B&B today, and believe [11:07.960 --> 11:11.920] me you want the info that I'm presenting on this. [11:11.920 --> 11:20.600] Now I also sent back on the 29th of November, or he replied back to me on the 29th of November. [11:20.600 --> 11:25.200] My lawyer told me that an information is not required for Class C misdemeanors and that [11:25.200 --> 11:28.600] the complaint does not have to cite the specific ordinance. [11:28.600 --> 11:32.960] He said that even if the complaint contains errors, the state can amend it to make the [11:32.960 --> 11:33.960] corrections. [11:33.960 --> 11:40.060] I verified that the Texas Code of Criminal Procedure Article 12.02B does say complaint [11:40.060 --> 11:41.920] or information. [11:41.920 --> 11:46.600] I'm not sure how to counter this argument other than maybe it is unconstitutional, the [11:46.600 --> 11:51.120] Texas Constitution, Article 5, Section 12B. [11:51.120 --> 11:55.920] And I replied back today with control the ignorant defense counsel. [11:55.920 --> 12:00.800] Your lawyer, meaning lawyer, is correct in that the prosecution can make corrections [12:00.800 --> 12:03.440] and refile the complaint. [12:03.440 --> 12:09.160] However, that does not mean that you should let an obviously invalid complaint be used [12:09.160 --> 12:11.160] against you anyway. [12:11.160 --> 12:14.360] Is your lawyer really that stupid and inept? [12:14.360 --> 12:20.360] However, she is dead wrong in the presumption that a complaint alone serves as a valid charging [12:20.360 --> 12:25.520] instrument for Class C misdemeanors or any other type of criminal action. [12:25.520 --> 12:31.240] Texas Code of Criminal Procedure Article 12.02 does not say that the complaint may be the [12:31.240 --> 12:34.640] only thing used to initiate a case. [12:34.640 --> 12:40.280] It says that the filing of either a complaint or information can initiate the process for [12:40.280 --> 12:42.720] prosecuting the case. [12:42.720 --> 12:49.480] However, the process must always begin by the filing of an actual complaint. [12:49.480 --> 12:55.000] The complaint is then turned over to someone, usually some law enforcement agency, for the [12:55.000 --> 12:58.160] purpose of conducting an investigation. [12:58.160 --> 13:03.880] If the investigation turns up enough evidence to support a conviction, then an information [13:03.880 --> 13:08.840] must be filed to start the process of prosecution in the courts. [13:08.840 --> 13:13.800] The complaint alone does not vest the court with jurisdiction to proceed the trial in [13:13.800 --> 13:18.520] any way, shape, or form using the complaint alone. [13:18.520 --> 13:23.280] There must be an indictment or information filed by the attorney for the state or the [13:23.280 --> 13:26.360] court lacks jurisdiction to proceed. [13:26.360 --> 13:30.000] Tell your liar that she, he is an idiot. [13:30.000 --> 13:36.840] Texas Constitution Article 5 Section 12B states that a court gains jurisdiction of a cause [13:36.840 --> 13:40.760] only after the filing of an indictment or information. [13:40.760 --> 13:47.480] Texas Code of Criminal Procedure Article 2.05 clearly states that in all misdemeanor cases [13:47.480 --> 13:53.640] an information must be filed if the county has one or more criminal district courts. [13:53.640 --> 13:59.680] In justice courts the prosecution may proceed upon complaint alone only if the county has [13:59.680 --> 14:02.000] no county attorney. [14:02.000 --> 14:07.880] This latter portion of 2.05 should also be challenged as being unconstitutional upon [14:07.880 --> 14:14.080] its face because it also violates Article 5 Section 12B of the Texas Constitution and [14:14.080 --> 14:17.720] the clear requirements of the Texas Code of Criminal Procedure. [14:17.720 --> 14:25.660] Texas Code of Criminal Procedure Article 21.20 through 21.23 clearly states that the information [14:25.660 --> 14:31.560] must be created by the county or district attorney and presented on behalf of the state [14:31.560 --> 14:37.120] in any criminal action for the purpose of prosecution under state law, that it must [14:37.120 --> 14:43.040] contain certainness specific information on the accused and on the offense charged, that [14:43.040 --> 14:48.680] it must be based on a valid signed and sworn complaint, and that the same rules that apply [14:48.680 --> 14:54.840] to the allegations in an indictment apply to an information as well. [14:54.840 --> 15:02.520] Also Article 21.21 Sub-Item 9 very clearly shows that the information can only be signed [15:02.520 --> 15:04.960] by the county or district attorney. [15:04.960 --> 15:08.280] It cannot be signed by a city attorney. [15:08.280 --> 15:14.560] Texas Code of Criminal Procedure Article 27.01 clearly states that the primary pleading of [15:14.560 --> 15:19.300] the state in any criminal action is the indictment or information. [15:19.300 --> 15:24.280] It does not even so much as mention a complaint as a charging instrument for the purpose of [15:24.280 --> 15:27.640] conveying jurisdiction of the cause to the court. [15:27.640 --> 15:34.920] The statute upon which your liar presumably relies, which was Article 45.01, was repealed [15:34.920 --> 15:39.280] prior to 1999 because it was found to be unconstitutional. [15:39.280 --> 15:40.840] Why? [15:40.840 --> 15:46.280] Because it purported to allow criminal prosecutions in a municipal court to proceed upon complaint [15:46.280 --> 15:47.680] alone. [15:47.680 --> 15:55.080] That made Code of Criminal Procedure Article 45.01 in violation of Article 5 Section 12B [15:55.080 --> 16:00.120] and the other sections of the Code of Criminal Procedure cited herein. [16:00.120 --> 16:07.560] Texas Code of Criminal Procedure 27.01D is and should be challenged as also being unconstitutional [16:07.560 --> 16:11.000] upon its face for exactly the same reason. [16:11.000 --> 16:16.240] There is no constitutional authority for the legislature or the court to ignore the requirements [16:16.240 --> 16:22.480] of a proper charging instrument in the name of judicial expediency and to deny the accused [16:22.480 --> 16:27.640] the full protections of the Constitution and their right to due process by the law of the [16:27.640 --> 16:28.640] land. [16:28.640 --> 16:33.400] Tell your liar to either adjudicate your due process rights in full or you will file a [16:33.400 --> 16:39.520] bar grievance for every single thing she or he fails to do to protect your rights, including [16:39.520 --> 16:43.520] making the judge and prosecution comply with the law, not their own opinions. [16:43.520 --> 16:44.520] All right. [16:44.520 --> 16:46.160] We're going to go to break. [16:46.160 --> 16:50.120] Please give us a call, 512-646-1984. [16:50.120 --> 16:53.240] This is Rule of Law Radio, Eddie Craig and Deborah Stevens. [16:53.240 --> 17:02.160] We will be right back. [17:02.160 --> 17:05.920] Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies [17:05.920 --> 17:07.560] in the Austin metro area. [17:07.560 --> 17:08.560] We also ship worldwide. [17:08.560 --> 17:13.000] We are a family-owned and operated business that offers competitive prices on your coin [17:13.000 --> 17:16.440] and metal purchases. [17:16.440 --> 17:19.200] We buy, sell, trade and consign rare coins, gold and silver coin collections, precious [17:19.200 --> 17:20.200] metals and scrap gold. [17:20.200 --> 17:22.760] We purchase and sell gold and jewelry items. [17:22.760 --> 17:24.880] We offer daily specials on coins and bullion. [17:24.880 --> 17:30.280] We are located at 5448 Burnett Road, Suite 3 at the corner of Burnett and Schoenmark [17:30.280 --> 17:34.480] and we're open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5. [17:34.480 --> 17:41.200] You are welcome to stop in our shop during regular business hours or call 512-646-6440. [17:41.200 --> 17:42.200] Any questions? [17:42.200 --> 17:46.680] Ask for Chad and say you've heard about us on Rule of Law Radio or Texas Liberty Radio. [17:46.680 --> 17:50.080] That's Capital Coin and Bullion at the corner of Burnett and Schoenmark and we're open [17:50.080 --> 17:53.800] Mondays and Fridays, 10 to 6, Saturdays, 10 to 5. [17:53.800 --> 18:00.400] That's Capital Coin and Bullion, 512-646-6440. [18:00.400 --> 18:05.720] Are you being harassed by debt collectors with phone calls, letters or even losses? [18:05.720 --> 18:09.200] Stop debt collectors now with the Michael Mears proven method. [18:09.200 --> 18:13.520] Michael Mears has won six cases in federal court against debt collectors and now you [18:13.520 --> 18:14.520] can win two. [18:14.520 --> 18:19.480] You'll get step-by-step instructions in plain English on how to win in court using federal [18:19.480 --> 18:20.480] civil rights statutes. [18:20.480 --> 18:24.680] What to do when contacted by phone, mail or court summons. [18:24.680 --> 18:26.720] How to answer letters and phone calls. [18:26.720 --> 18:29.320] How to get debt collectors out of your credit report. [18:29.320 --> 18:33.960] How to turn the financial tables on them and make them pay you to go away. [18:33.960 --> 18:39.080] The Michael Mears proven method is the solution for how to stop debt collectors. [18:39.080 --> 18:40.880] Financial consultation is available as well. [18:40.880 --> 18:46.720] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [18:46.720 --> 18:49.720] or email michaelmears at yahoo.com. [18:49.720 --> 18:58.720] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt [18:58.720 --> 18:59.720] collectors now. [18:59.720 --> 19:22.720] Look what we got, we asked the question, don't know what I did, don't have answers, [19:22.720 --> 19:27.720] don't know nobody, we asked the question. [19:27.720 --> 19:56.980] Alright folks, we are back. [19:56.980 --> 20:00.980] This is Eddie Craig, Debra Stephens, Rule of Law Radio, it is traffic night. [20:00.980 --> 20:04.980] I've just gone over a couple of things dealing with a proper charging instrument. [20:04.980 --> 20:10.980] We will be going over this in detail this coming Saturday at Brave New Books from 3 to 6. [20:10.980 --> 20:15.980] I will present the individual statute sections, constitutional sections. [20:15.980 --> 20:23.980] We'll go through it step by step so that you know how to control your defense attorney if you opt to use one. [20:23.980 --> 20:29.980] Make them earn their money, don't let them steal from you, don't let them railroad you. [20:29.980 --> 20:32.980] Okay, I see that we have Walt in New York. [20:32.980 --> 20:34.980] Mr. Walt, how can we help you? [20:34.980 --> 20:35.980] Yeah, good evening everybody. [20:35.980 --> 20:40.980] I just turned on just now and I just heard you say this is traffic night so I better call back, [20:40.980 --> 20:42.980] but I just want to tell you something real quick. [20:42.980 --> 20:51.980] I tried to listen to the program on the phone at the 485-9010 number and there's nothing being broadcast. [20:51.980 --> 20:55.980] All right, probably my tech is doing maintenance on the phone line. [20:55.980 --> 21:00.980] Okay, and now can I call back Thursday night? Is that for all topics? [21:00.980 --> 21:08.980] Yeah, if you have other questions tonight, you can go ahead and ask them tonight unless it's mortgage issues. [21:08.980 --> 21:10.980] No, it's not mortgage issues. [21:10.980 --> 21:13.980] Okay, the first time I called you was three weeks to a month ago [21:13.980 --> 21:17.980] and I was telling you about this case I had that was going before the U.S. Supreme Court. [21:17.980 --> 21:20.980] I just want to let you know they denied my case. [21:20.980 --> 21:22.980] They called the writ of certiorari. [21:22.980 --> 21:26.980] And of course, you know, they don't judge it on the merits. [21:26.980 --> 21:28.980] They just didn't take the case. [21:28.980 --> 21:32.980] And also, Deborah, you asked me about the case, if you could remember, [21:32.980 --> 21:36.980] when the judge in New York State here, the district court judge, [21:36.980 --> 21:42.980] did some research for the defendant's lawyers and brought up a case out of Austin, Texas, [21:42.980 --> 21:44.980] and you said he did litigating from the bench. [21:44.980 --> 21:46.980] It was him. He brought it up. [21:46.980 --> 21:48.980] And you said that is a crime, right? [21:48.980 --> 21:53.980] If the judge brings up a case that the defendant's lawyers can use against me [21:53.980 --> 21:56.980] when I'm the complainant? [21:56.980 --> 21:59.980] Most of the time, that's my understanding. [21:59.980 --> 22:00.980] Okay, what is that called? [22:00.980 --> 22:01.980] What kind of crime is it? [22:01.980 --> 22:04.980] What would you call that? [22:04.980 --> 22:06.980] Practicing law from the bench. [22:06.980 --> 22:09.980] That's all it is, is practicing law from the bench? [22:09.980 --> 22:10.980] Yes. [22:10.980 --> 22:12.980] Okay, and also... [22:12.980 --> 22:19.980] In most states, that means the judge loses his job because by mandate, [22:19.980 --> 22:23.980] they cannot hold multiple positions. [22:23.980 --> 22:27.980] So they cannot engage, at least in Texas, it's written right into the Constitution [22:27.980 --> 22:33.980] and the statutes that way, that no officer of any branch of government, [22:33.980 --> 22:36.980] whether it be judges or prosecutors of that nature, [22:36.980 --> 22:42.980] may engage in private practice while they hold a position of public trust. [22:42.980 --> 22:43.980] How would I find that out now? [22:43.980 --> 22:47.980] Do I have to cite a certain code or anything like that if I pursue this? [22:47.980 --> 22:53.980] It'll probably be both in your Constitution and in statute if it exists at all. [22:53.980 --> 22:55.980] Okay, but where would I find that statute? [22:55.980 --> 22:58.980] Where would I have to look? [22:58.980 --> 22:59.980] Well, it would just depend. [22:59.980 --> 23:05.980] You'd look in Texas, it's in the government code and in the Constitution. [23:05.980 --> 23:09.980] So I would start with my state Constitution first, [23:09.980 --> 23:15.980] and then I'd find the portion of the government code that uses that language to construct itself. [23:15.980 --> 23:16.980] Okay. [23:16.980 --> 23:18.980] I want to ask you a question. [23:18.980 --> 23:20.980] Also, is Randy there tonight too? [23:20.980 --> 23:23.980] Randy doesn't do the radio on Monday night. [23:23.980 --> 23:25.980] I want to ask you this now. [23:25.980 --> 23:28.980] There were two options that Randy brought up and you folks backed them up. [23:28.980 --> 23:34.980] He told me to start over and go after the district court judge that violated my rights. [23:34.980 --> 23:38.980] He just overlooked the laws, the Constitution. [23:38.980 --> 23:39.980] He did several things. [23:39.980 --> 23:41.980] I'll read what you said. [23:41.980 --> 23:44.980] He failed to apply the law to the facts. [23:44.980 --> 23:46.980] He denied due process. [23:46.980 --> 23:49.980] He litigated from the bench, that's what you just said. [23:49.980 --> 23:56.980] He was in violation of ministerial duties, obstruction of justice, malfeasance in office. [23:56.980 --> 23:59.980] He was, Randy said something about outlawry, [23:59.980 --> 24:04.980] failed to provide protection from the court, forbidden by the Constitution. [24:04.980 --> 24:06.980] He denied protection from the bench. [24:06.980 --> 24:10.980] And then here's what I want to ask you now. [24:10.980 --> 24:16.980] I got three years into this because, you know, this starts little by little. [24:16.980 --> 24:20.980] You didn't think you were going to get involved, and it keeps building and building into a big thing. [24:20.980 --> 24:22.980] And here's what happened. [24:22.980 --> 24:24.980] I spent $1,500. [24:24.980 --> 24:25.980] I'm retired. [24:25.980 --> 24:26.980] I don't have a lot of money. [24:26.980 --> 24:28.980] I'm on disability. [24:28.980 --> 24:30.980] I'm going to be 65. [24:30.980 --> 24:31.980] And should I pursue this? [24:31.980 --> 24:37.980] Randy said I could pursue this criminally against the judge, or should I sue him civilly? [24:37.980 --> 24:44.980] And if I sue him, can I do it in the form of papyrus, and can they shut me down? [24:44.980 --> 24:48.980] And also, would I have to pay the judge's court costs if I lose? [24:48.980 --> 24:50.980] Can you tell me a little bit about that? [24:50.980 --> 24:51.980] You have time to do a little bit. [24:51.980 --> 24:52.980] Okay. [24:52.980 --> 24:57.980] As far as pursuing it criminally, your ability to do that stops with the filing of the complaint. [24:57.980 --> 25:02.980] All you can do is make the complaint, and it will be up to someone else to prosecute him criminally. [25:02.980 --> 25:03.980] Can I do that both? [25:03.980 --> 25:07.980] Can I file criminal charges and sue him civilly, too, both at the same time? [25:07.980 --> 25:08.980] Yes. [25:08.980 --> 25:09.980] Yes, you can. [25:09.980 --> 25:13.980] However, in order to prevail civilly, here's the issue. [25:13.980 --> 25:21.980] In order for you to go after a judge, the judge must have acted absent all jurisdiction. [25:21.980 --> 25:27.980] In other words, if you challenge subject matter jurisdiction based upon something that the law [25:27.980 --> 25:34.980] or the Constitution requires that judge to do or to have before they have authority to act, [25:34.980 --> 25:40.980] and he did not, then you have a clear case of acting absent jurisdiction. [25:40.980 --> 25:45.980] However, the courts have created their own form of immunity. [25:45.980 --> 25:54.980] If the judge acted with jurisdiction, then it doesn't matter if anything he did was criminal [25:54.980 --> 26:04.980] or negligent or anything according to their determination of protection for their own, okay, [26:04.980 --> 26:06.980] is the way it boils down to. [26:06.980 --> 26:13.980] Technically speaking, no public servant can create or commit a crime using the power of their office [26:13.980 --> 26:16.980] and be immune for it. [26:16.980 --> 26:22.980] But you've got to be able to show and produce evidence that a crime was committed by this individual [26:22.980 --> 26:26.980] before they're going to hold him to it. [26:26.980 --> 26:27.980] What about this if I tried? [26:27.980 --> 26:32.980] Now, what do I do, go down to the federal district court and get the papers to file a civil action [26:32.980 --> 26:34.980] against the judge? [26:34.980 --> 26:37.980] No, you have to write the civil action to file against the judge. [26:37.980 --> 26:39.980] You're writing a lawsuit. [26:39.980 --> 26:44.980] You have to write a civil complaint and file suit. [26:44.980 --> 26:53.980] But your complaint must be based upon particular things that begin with the judge acting [26:53.980 --> 26:55.980] without jurisdiction. [26:55.980 --> 26:59.980] If you don't get that one out of the way, none of the rest of it's going to matter. [26:59.980 --> 27:04.980] Don't you have to fill out the, like when I filed suit against Safeco Insurance Company, [27:04.980 --> 27:07.980] I had to fill out all these proper forms. [27:07.980 --> 27:11.980] So when I have to do that, the file suit against the judge in the same manner? [27:11.980 --> 27:18.980] You have to do whatever local rules require as long as local rules don't prevent you from doing [27:18.980 --> 27:23.980] something that's a protected right. [27:23.980 --> 27:24.980] Okay. [27:24.980 --> 27:27.980] Then what about also applying? [27:27.980 --> 27:30.980] I would like to apply in form of paupers, too, because I have... [27:30.980 --> 27:36.980] Then all that is is you file a paupers affidavit with the court when you file. [27:36.980 --> 27:44.980] They will hold an indigency hearing and see whether or not in their eyes you qualify for indigency [27:44.980 --> 27:46.980] in order to go in form of paupers. [27:46.980 --> 27:47.980] I do. [27:47.980 --> 27:52.980] Now, as far as the criminal charges, what forms would I get for that? [27:52.980 --> 27:54.980] Would it be prevented by the federal system court? [27:54.980 --> 28:00.980] Well, you ask them for a criminal complaint, and then you make several copies of it if they have it. [28:00.980 --> 28:08.980] Otherwise, you look through your state statutes to find what the law requires to be in a criminal complaint [28:08.980 --> 28:15.980] in order for it to be proper, and you can write it up yourself. [28:15.980 --> 28:18.980] Okay, so then I don't know how to do this stuff. [28:18.980 --> 28:19.980] This is very difficult for me. [28:19.980 --> 28:21.980] You may want to get jurisdictionary, Walt. [28:21.980 --> 28:23.980] That will teach you how to write a law, too. [28:23.980 --> 28:26.980] Yeah, jurisdictionary will teach you how to sue them. [28:26.980 --> 28:29.980] It's not going to teach you anything about the criminal complaints and things of that nature. [28:29.980 --> 28:34.980] No, it will teach you how to file a civil lawsuit, though. [28:34.980 --> 28:35.980] Okay. [28:35.980 --> 28:36.980] But I could do... [28:36.980 --> 28:37.980] Now, one more thing. [28:37.980 --> 28:38.980] Can I ask you? [28:38.980 --> 28:39.980] Sure. [28:39.980 --> 28:45.980] What's the statute of limitations on these pursuits that I would take, either criminally or civilly? [28:45.980 --> 28:49.980] Well, that all depends on what level of crime or civil they are. [28:49.980 --> 28:57.980] If the civil tort involves constitutional issues, then most states limit you to two years to file suit. [28:57.980 --> 29:01.980] As far as the level of crime, every state can vary on that. [29:01.980 --> 29:07.980] For instance, a misdemeanor in Texas, they have up to two years to prosecute a misdemeanor. [29:07.980 --> 29:11.980] So you would have up to two years to file a charge of a misdemeanor. [29:11.980 --> 29:19.980] In the case of a felony, a felony has no strict limit on it as far as the statute of limitations [29:19.980 --> 29:28.980] because a fraud may not become known until many years down the road. [29:28.980 --> 29:35.980] Then your statute of limitations starts ticking once you become aware of the fraud. [29:35.980 --> 29:36.980] Okay. [29:36.980 --> 29:38.980] I'll listen to the advertising you have for that. [29:38.980 --> 29:39.980] Okay. [29:39.980 --> 29:41.980] Well, I was going to ask you, do you have the Internet? [29:41.980 --> 29:43.980] No, I don't even have a computer. [29:43.980 --> 29:44.980] Okay. [29:44.980 --> 29:45.980] All right. [29:45.980 --> 29:46.980] Great. [29:46.980 --> 29:50.980] We'll try as much as possible so we can get our numbers up on Shoutcast. [29:50.980 --> 29:51.980] Okay. [29:51.980 --> 29:52.980] All right. [29:52.980 --> 29:53.980] Thanks, Waltz. [29:53.980 --> 29:54.980] All right. [29:54.980 --> 29:55.980] Have a good night, folks. [29:55.980 --> 29:56.980] Thank you very much. [29:56.980 --> 29:57.980] Okay. [29:57.980 --> 29:58.980] Thank you. [29:58.980 --> 29:59.980] Bye. [29:59.980 --> 30:00.980] All right. [30:00.980 --> 30:01.980] We will be right back, folks. [30:01.980 --> 30:02.980] 512-646-1984. [30:02.980 --> 30:03.980] Top ten reasons to question the official story of the Oklahoma City bombing, reason number [30:03.980 --> 30:04.980] five. [30:04.980 --> 30:07.980] As witnessed by millions of viewers, the rescue efforts were interrupted several times due [30:07.980 --> 30:09.980] to the presence of other explosives. [30:09.980 --> 30:14.980] Government log entries indicate and witnesses report that after the initial devastating blast, [30:14.980 --> 30:18.980] the bomb, complete with timer, was discovered and removed from wreckage by the bomb squad. [30:18.980 --> 30:21.980] Yet we are told it's all due to baseless bomb scares or other contrivances. [30:21.980 --> 30:26.980] So while officials try to sort out their stories, all we ask is who planted these bombs and [30:26.980 --> 30:28.980] why is the government lying about them? [30:28.980 --> 30:33.980] For more information, go to okcbombingtruth.com. [30:33.980 --> 30:38.980] Some companies will do just about anything to make a buck, including manipulate your [30:38.980 --> 30:39.980] mind. [30:39.980 --> 30:43.980] Neuromarketers have their sights on your pocketbook and hope to make you offers your subconscious [30:43.980 --> 30:44.980] can't refuse. [30:44.980 --> 30:48.980] I'm Dr. Catherine Albrecht and I'll tell you more in just a moment. [30:48.980 --> 30:50.980] Privacy is under attack. [30:50.980 --> 30:53.980] When you give up data about yourself, you'll never get it back again. [30:53.980 --> 30:58.980] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:58.980 --> 30:59.980] So protect your rights. [30:59.980 --> 31:03.980] Say no to surveillance and keep your information to yourself. [31:03.980 --> 31:06.980] Privacy, it's worth hanging on to. [31:06.980 --> 31:10.980] This public service announcement is brought to you by Startpage.com, the private search [31:10.980 --> 31:13.980] engine alternative to Google, Yahoo and Bing. [31:13.980 --> 31:17.980] Start over with Startpage. [31:17.980 --> 31:20.980] Years ago, I learned the so-called four P's of marketing. [31:20.980 --> 31:24.980] Make a great product, price it right, place it on shelves and promote it. [31:24.980 --> 31:28.980] But today's marketers have a scary new technique called neuromarketing. [31:28.980 --> 31:33.980] It uses EEG and MRI brain scans to peer deep into a person's mind. [31:33.980 --> 31:38.980] Researchers show messages to volunteers and then monitor their brains to see which ones [31:38.980 --> 31:43.980] get them to spend and act in certain ways without realizing they've been influenced. [31:43.980 --> 31:47.980] It's bad enough to sell products this way, but now it's being used to sell candidates [31:47.980 --> 31:49.980] and political ideas. [31:49.980 --> 31:54.980] This means the mind-controlled zombies from science fiction may soon be all around us. [31:54.980 --> 31:55.980] I'm Dr. Catherine Albrecht. [31:55.980 --> 32:04.980] More news and information at CatherineAlbrecht.com. [32:04.980 --> 32:10.980] Yeah, I got a warrant and I'm going to solve them. [32:10.980 --> 32:15.980] To help government them, prosecute them. [32:15.980 --> 32:18.980] Okay. [32:18.980 --> 32:21.980] Hold still. [32:21.980 --> 32:26.980] This isn't a race for the bush. [32:26.980 --> 32:31.980] This isn't a race for the teen. [32:31.980 --> 32:34.980] Well, I need a prosecutor to come and help me. [32:34.980 --> 32:36.980] Prosecute them wicked leaders. [32:36.980 --> 32:38.980] You see, the murderers are liars. [32:38.980 --> 32:39.980] Them tell me. [32:39.980 --> 32:40.980] Them are liars. [32:40.980 --> 32:41.980] They tell six stories. [32:41.980 --> 32:42.980] They don't believe me. [32:42.980 --> 32:43.980] Say what them tell me. [32:43.980 --> 32:46.980] 3% of Americans vote for Bush. [32:46.980 --> 32:49.980] So how the hell you get the presidency? [32:49.980 --> 32:51.980] That's why I have a warrant for him. [32:51.980 --> 32:53.980] Everybody listen carefully. [32:53.980 --> 32:55.980] Listen to the words when the issues proceed. [32:55.980 --> 33:00.980] This isn't a race for Mr. Bush. [33:00.980 --> 33:05.980] A warrant for the teen. [33:05.980 --> 33:10.980] This isn't a race for Mr. Bush. [33:10.980 --> 33:14.980] A warrant and then for the teen. [33:14.980 --> 33:16.980] Well, we're not for the rumsfield. [33:16.980 --> 33:17.980] Warrants for him. [33:17.980 --> 33:18.980] Albrecht Cheney. [33:18.980 --> 33:20.980] Warrants for him. [33:20.980 --> 33:22.980] Right about the citizens in the country. [33:22.980 --> 33:24.980] Them getting summoned and them getting angry. [33:24.980 --> 33:27.980] We have some warrant we need to solve. [33:27.980 --> 33:30.980] We need a prosecutor to come and help. [33:30.980 --> 33:32.980] Prosecutors from any state. [33:32.980 --> 33:34.980] Come over and let me show them too. [33:34.980 --> 33:37.980] Hear them tell you three issues. [33:37.980 --> 33:39.980] That is true. [33:39.980 --> 33:41.980] There is Silverstein. [33:41.980 --> 33:44.980] You get the citizens arrested. [33:44.980 --> 33:46.980] Silverstein and Hamilton Keene. [33:46.980 --> 33:49.980] You know them and they make them clean. [33:49.980 --> 33:51.980] Everybody bring them in. [33:51.980 --> 33:54.980] So we could job them with warranting. [33:54.980 --> 33:56.980] They don't need to quarantine. [33:56.980 --> 34:01.980] All right folks, we are back. [34:01.980 --> 34:05.980] This is the rule of law, ruleoflawradio.com. [34:05.980 --> 34:10.980] And I do want to encourage everyone out there to please support our sponsors. [34:10.980 --> 34:14.980] Because when you support our sponsors, you support our show. [34:14.980 --> 34:16.980] We've got chintrition. [34:16.980 --> 34:21.980] It's the most excellent nutritional supplement I've ever taken in my life. [34:21.980 --> 34:23.980] Folks, please get the chintrition through our website. [34:23.980 --> 34:26.980] Also jurisdictionary. [34:26.980 --> 34:30.980] You can get the jurisdictionary course through our website at ruleoflawradio.com. [34:30.980 --> 34:34.980] Just click on the banner that says win your lawsuit without an attorney. [34:34.980 --> 34:39.980] And also if folks out there are having difficulty with debt collectors and creditors, [34:39.980 --> 34:40.980] get the Mike Mears method. [34:40.980 --> 34:43.980] It's proven technique 100% of the time. [34:43.980 --> 34:46.980] The guys won six cases in federal court. [34:46.980 --> 34:49.980] Our listeners are always calling in, constantly calling in, [34:49.980 --> 34:54.980] saying that they've managed to pressure these debt collectors and creditors [34:54.980 --> 34:57.980] into a settlement agreement using the Mike Mears method. [34:57.980 --> 35:00.980] All right, it's very reasonably priced. [35:00.980 --> 35:02.980] Of course, Eddie's traffic seminar. [35:02.980 --> 35:06.980] You can learn how to fight the bad guys when it comes to traffic issues [35:06.980 --> 35:07.980] with Eddie's traffic seminar. [35:07.980 --> 35:10.980] And also, of course, capital coin and bullion. [35:10.980 --> 35:13.980] Folks, silver and gold is going nuts right now. [35:13.980 --> 35:17.980] All right, it's about to explode, especially since China and Russia just dumped a dollar. [35:17.980 --> 35:20.980] You guys and gals out there, you all want to get yourself some silver and gold, [35:20.980 --> 35:22.980] you better get in while the getting is good. [35:22.980 --> 35:27.980] And in fact, Chad has been sold out of silver a lot lately. [35:27.980 --> 35:29.980] And he's been having to scramble to get it. [35:29.980 --> 35:33.980] So the heat is on, so to speak, when it comes to these metals. [35:33.980 --> 35:35.980] So folks, you better get while the getting is good. [35:35.980 --> 35:38.980] And if you don't live in Austin, that's okay. [35:38.980 --> 35:44.980] You can still order by calling Chad at Capital Coin and Bullion. [35:44.980 --> 35:50.980] So you can click on the link to get more information about how you can order metals [35:50.980 --> 35:52.980] from Chad at Capital Coin and Bullion. [35:52.980 --> 35:54.980] We really appreciate you folks out there. [35:54.980 --> 35:56.980] Support our sponsors. [35:56.980 --> 35:58.980] We need your donations. [35:58.980 --> 36:01.980] You don't have to be a member of PayPal. [36:01.980 --> 36:04.980] You don't have to have a PayPal account to send a donation. [36:04.980 --> 36:08.980] You can click on the donation link, and there are multiple options. [36:08.980 --> 36:10.980] You can send a check. [36:10.980 --> 36:12.980] You can use a credit card. [36:12.980 --> 36:16.980] If you want to do a monthly donation subscription, [36:16.980 --> 36:20.980] and you don't get any extra product for the subscription, [36:20.980 --> 36:22.980] you're not subscribing to some extra service. [36:22.980 --> 36:24.980] It's a subscription for a donation. [36:24.980 --> 36:27.980] In other words, it comes out of your PayPal account monthly. [36:27.980 --> 36:32.980] That you have to have a PayPal account to do the monthly repeated donation, [36:32.980 --> 36:34.980] where it just takes it out of your account once a month. [36:34.980 --> 36:37.980] But other than that, there are multiple options for payment. [36:37.980 --> 36:42.980] We really appreciate your donations, folks, because it keeps us on the air. [36:42.980 --> 36:47.980] All right, callers, if you'd like to call in, 512-646-1984. [36:47.980 --> 36:49.980] And we don't have any callers on the bridge, [36:49.980 --> 36:52.980] so Eddie, why don't you consent, please? [36:52.980 --> 36:55.980] Okay. [36:55.980 --> 36:56.980] The thing about what they're doing here, [36:56.980 --> 36:59.980] let me read to you exactly what one of these articles [36:59.980 --> 37:03.980] that this ignorant attorney is telling him doesn't matter. [37:03.980 --> 37:07.980] This is Article 12.02 Code of Criminal Procedure. [37:07.980 --> 37:08.980] Misdemeanors. [37:08.980 --> 37:10.980] Subsection A. [37:10.980 --> 37:15.980] An indictment or information for any Class A or Class B misdemeanor [37:15.980 --> 37:20.980] may be presented within two years from the date of the offense [37:20.980 --> 37:22.980] and not afterward. [37:22.980 --> 37:23.980] Subsection B. [37:23.980 --> 37:27.980] A complaint or information for any Class C misdemeanor [37:27.980 --> 37:30.980] may be presented within two years from the date of the commission of the offense [37:30.980 --> 37:32.980] and not afterward. [37:32.980 --> 37:39.980] Now, notice all this says is a complaint or information for any Class C misdemeanor [37:39.980 --> 37:44.980] may be presented within two years from the date of the offense. [37:44.980 --> 37:51.980] That does not in any way convey the information that a complaint grants [37:51.980 --> 37:57.980] any type of jurisdiction to the court to proceed in the case. [37:57.980 --> 38:03.980] In fact, what it does do is it sets up exactly what I responded back to [38:03.980 --> 38:11.980] in the email here that what must be done is that you can file either of these [38:11.980 --> 38:14.980] documents to begin the process. [38:14.980 --> 38:20.980] You can file the complaint so that an investigation can begin that will produce [38:20.980 --> 38:28.980] evidence that will result in an indictment or once that is done then an [38:28.980 --> 38:33.980] indictment or an information can be done and that could be submitted to the court [38:33.980 --> 38:35.980] to initiate the cause in the court. [38:35.980 --> 38:42.980] But the indictment or the information neither can be done without the complaint [38:42.980 --> 38:50.980] nor can the complaint alone take the place of an indictment or an information. [38:50.980 --> 38:57.980] 12 or 27.01 Code of Criminal Procedure specifically states the primary pleading [38:57.980 --> 39:01.980] in any criminal or in the part of the state in any criminal proceeding is an [39:01.980 --> 39:03.980] indictment or information. [39:03.980 --> 39:10.980] If that is the primary pleading, then a complaint is not a primary pleading [39:10.980 --> 39:15.980] because it is not an indictment or an information. [39:15.980 --> 39:20.980] It's complete lunacy for these attorneys to say, oh, they can do it, they can do [39:20.980 --> 39:25.980] it when there's no authority in law for it to be done. [39:25.980 --> 39:32.980] When these judges attempt to do this, we need to stomp on them with hobnail boots [39:32.980 --> 39:39.980] for acting without jurisdiction because absent the indictment or information, [39:39.980 --> 39:43.980] they have none. [39:43.980 --> 39:47.980] This is exactly what we're going to be setting the municipal court up for in [39:47.980 --> 39:54.980] Austin, for them to deny your right of due process and not comply with the [39:54.980 --> 40:00.980] requirements of law and attempt to prosecute on a complaint alone when the law [40:00.980 --> 40:03.980] does not allow that to happen. [40:03.980 --> 40:05.980] How do we know this? [40:05.980 --> 40:19.980] Well, let's look at article 12.07, no, I'm sorry, oh, 27.14. [40:19.980 --> 40:20.980] Hang on just a second. [40:20.980 --> 40:22.980] Let me pull that up here. [40:22.980 --> 40:26.980] 27.14, Code of Criminal Procedure. [40:26.980 --> 40:30.980] We'll show you very quickly here exactly what the problem is with what they're [40:30.980 --> 40:31.980] doing. [40:31.980 --> 40:36.980] This blows their insistence of proceeding upon a complaint alone completely out [40:36.980 --> 40:38.980] of the water. [40:38.980 --> 40:42.980] 27.14D, all right? [40:42.980 --> 40:48.980] If a written notice of an offense for which maximum possible punishment is by [40:48.980 --> 40:55.980] fine only or of a violation relating to the manner, item, and place of parking [40:55.980 --> 41:01.980] has been prepared, delivered, and filed with the court, and a legible duplicate [41:01.980 --> 41:07.980] has been given to the defendant, the written notice serves as a complaint to [41:07.980 --> 41:13.980] which the defendant may plead guilty, not guilty, or no lo contendere. [41:13.980 --> 41:19.980] If the defendant pleads not guilty to the offense or fails to appear based on [41:19.980 --> 41:24.980] the written notice, a complaint shall be filed that conforms to the requirements [41:24.980 --> 41:31.980] of Chapter 45 of this Code, and that complaint serves as an original complaint. [41:31.980 --> 41:35.980] A defendant may waive the filing of a sworn complaint and elect that the [41:35.980 --> 41:40.980] prosecution proceed on the written notice of the charged offense if the [41:40.980 --> 41:45.980] defendant agrees in writing with the prosecution, signs the agreement, and [41:45.980 --> 41:47.980] files it with the court. [41:47.980 --> 41:50.980] Now, what's the problem here? [41:50.980 --> 41:55.980] D violates the Texas Constitution in numerous ways. [41:55.980 --> 42:00.980] First off, the Constitution says that only an indictment or information vests [42:00.980 --> 42:06.980] the court with jurisdiction of the cause, Article 5, Section 12B. [42:06.980 --> 42:11.980] The Code of Criminal Procedure, 27.01, says that the primary pleading of the [42:11.980 --> 42:17.980] state is an indictment or an information in a criminal case. [42:17.980 --> 42:22.980] If the Constitution says these are the only valid charging instruments, where [42:22.980 --> 42:27.980] does the legislature presume to grant the authority for the prosecuting [42:27.980 --> 42:32.980] attorney and the accused to cut a deal that directly violates the requirements [42:32.980 --> 42:34.980] of the Constitution? [42:34.980 --> 42:37.980] How is that possible? [42:37.980 --> 42:39.980] It isn't. [42:39.980 --> 42:42.980] That's the problem. [42:42.980 --> 42:48.980] For them to insist that this statute trumps a Constitutional prerequisite is [42:48.980 --> 42:54.980] asinine on its face, and we should be suing these judges for even opening [42:54.980 --> 43:01.980] their mouth and inserting their foot with such stupid ideas already in place. [43:01.980 --> 43:05.980] They don't need to be acting as magistrates or judges if they're that [43:05.980 --> 43:07.980] ignorant. [43:07.980 --> 43:10.980] Well, actually, I should say that's stupid. [43:10.980 --> 43:12.980] Ignorance can be cured. [43:12.980 --> 43:14.980] These guys don't want to be cured. [43:14.980 --> 43:18.980] That makes them stupid. [43:18.980 --> 43:20.980] All right? [43:20.980 --> 43:26.980] That also makes their actions completely criminal on their face. [43:26.980 --> 43:30.980] And we should be treating them like the criminals they are. [43:30.980 --> 43:36.980] I mean, after all, we've done nothing wrong and they have us in court. [43:36.980 --> 43:40.980] So let's make this shoe fit the other foot for a change. [43:40.980 --> 43:42.980] All right, folks, we're going to break. [43:42.980 --> 43:46.980] Please give us a call, 512-646-1984. [43:46.980 --> 43:50.980] This is Eddie Craig, Deborah Stevens, Rule of Law Radio. [43:50.980 --> 43:59.980] We will be right back. 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[45:24.980 --> 45:27.980] In conjunction with the science of modern nutrition, [45:27.980 --> 45:30.980] adaptogenic herbs serve as the healing component, [45:30.980 --> 45:37.980] and organic hemp protein in greens and superfoods act as a balanced nutrient base. [45:37.980 --> 45:41.980] Plus, Centrition tastes great in just water. [45:41.980 --> 45:47.980] This powder supplement is everything you'd want in a product, and it's all natural. [45:47.980 --> 45:55.980] Visit Centrition.com to order yours or call 1-866-497-7436. [45:55.980 --> 46:00.980] After you use Centrition, you'll believe in supplements again. [46:00.980 --> 46:18.980] Music playing. [46:18.980 --> 46:34.980] All right, folks, we are back. [46:34.980 --> 46:35.980] Rule of Law Radio. [46:35.980 --> 46:37.980] This is Eddie Craig, Debra Stevens. [46:37.980 --> 46:40.980] Randy Kelton is off on Monday nights. [46:40.980 --> 46:46.980] Okay, now let's take up one other thing here dealing with this requirement of an indictment or information. [46:46.980 --> 46:51.980] I just finished reading to you 27.14 subsection D. [46:51.980 --> 46:57.980] Let's look at Article 27.17 of the Code of Criminal Procedure, which follows that. [46:57.980 --> 47:00.980] Plea of not guilty construed. [47:00.980 --> 47:10.980] The plea of not guilty shall be construed to be a denial of every material allegation in the indictment or information. [47:10.980 --> 47:19.980] Under this plea, evidence to establish the insanity of defendant and every fact whatever tending to acquit him of the accusation may be introduced, [47:19.980 --> 47:25.980] except such facts as are proper for a special plea under Article 27.05. [47:25.980 --> 47:28.980] Now, did you get that first sentence? [47:28.980 --> 47:36.980] The plea of not guilty shall be construed to be a denial of every material allegation in the indictment or information. [47:36.980 --> 47:42.980] It does not say complaint. [47:42.980 --> 47:52.980] Right there in the same set of articles, Chapter 27, Code of Criminal Procedure, there must be an indictment or information accompanying the complaint. [47:52.980 --> 47:56.980] You dummies. [47:56.980 --> 48:05.980] To all of you municipal court judges and prosecutors, bend over and say, pop, real loud. [48:05.980 --> 48:12.980] Now that your collective heads are out of your behinds, read the dad gun law. [48:12.980 --> 48:15.980] You can't do what you're doing. [48:15.980 --> 48:17.980] It is illegal. [48:17.980 --> 48:25.980] We are going to sue your butts till we own everything you have. [48:25.980 --> 48:37.980] I hope you continue to do what you're doing so that I have something to sell to the people you're screwing over. [48:37.980 --> 48:43.980] We will be meeting very, very soon, but it's not going to be on the terms you people want. [48:43.980 --> 48:45.980] Believe me. [48:45.980 --> 48:46.980] All right. [48:46.980 --> 48:49.980] It would appear we have a caller on the board. [48:49.980 --> 48:51.980] This would be Miss Susan in Texas. [48:51.980 --> 48:52.980] Good evening, Miss Susan. [48:52.980 --> 48:54.980] How can we help you? [48:54.980 --> 48:55.980] Hi, Eddie. [48:55.980 --> 48:58.980] I have a problem. [48:58.980 --> 49:05.980] I don't have a driver's license and I don't have insurance for my automobile. [49:05.980 --> 49:10.980] I was in an accident on the 18th of November. [49:10.980 --> 49:23.980] A lady ran a red light and hit me, totaled my vehicle, and they sent me a paper in the mail and it says... [49:23.980 --> 49:27.980] The police department. [49:27.980 --> 49:32.980] It says that there is a summons that will be issued, I guess. [49:32.980 --> 49:39.980] It says no financial responsibility and DWLI driving license invalid. [49:39.980 --> 49:44.980] And then it says citation number and it just says summons. [49:44.980 --> 49:56.980] I called them today to ask them for the information that was in my file and this is what they said they have, is what they sent me. [49:56.980 --> 50:03.980] They also told me they were making a new incident, not the one that they originally gave me. [50:03.980 --> 50:08.980] And he gave me the new number that he created today. [50:08.980 --> 50:11.980] So I need to know what I need to do. [50:11.980 --> 50:15.980] Okay, first thing is don't call and ask for what's in your file. [50:15.980 --> 50:19.980] You will never, ever get all of what's in your file. [50:19.980 --> 50:20.980] Okay? [50:19.980 --> 50:20.980] Okay. [50:20.980 --> 50:23.980] If you want to know what's in your file, go look. [50:23.980 --> 50:26.980] Get copies from the clerk of the court. [50:26.980 --> 50:33.980] You want copies of whatever is in the physical court record and you want whatever is in the computer. [50:33.980 --> 50:39.980] Now, which police department sent you this information? [50:39.980 --> 50:42.980] The police department. [50:42.980 --> 50:47.980] Or which court? [50:47.980 --> 50:53.980] It is just a, I've got the other phone ringing, I'm sorry. [50:53.980 --> 50:57.980] Is it a municipal or a justice court? [50:57.980 --> 51:09.980] What it says on here, Eddie, is Texas Department of Transportation, Texas Peace Officers Crash Report. [51:09.980 --> 51:20.980] And it says Amarillo Municipal Court. [51:20.980 --> 51:21.980] Okay. [51:21.980 --> 51:22.980] So it's a municipal court. [51:22.980 --> 51:27.980] Then everything that I've been talking about so far this evening directly applies to you. [51:27.980 --> 51:28.980] To me, okay. [51:28.980 --> 51:36.980] Because I guarantee you they will not file an information to prosecute you in that court, [51:36.980 --> 51:41.980] which means the court will do everything it does absent jurisdiction, [51:41.980 --> 51:52.980] which means you get to sue the judge, the cop, and the prosecutor until you own them down to their shoelaces. [51:52.980 --> 51:53.980] Great. [51:53.980 --> 51:57.980] Well, that's what I need to do then. [51:57.980 --> 51:59.980] They haven't actually sent me a summons. [51:59.980 --> 52:03.980] They just sent this incident report. [52:03.980 --> 52:04.980] It's what they sent. [52:04.980 --> 52:09.980] Well, what you need to do is keep, they said they're changing the incident report. [52:09.980 --> 52:15.980] You need to make certain that they're not changing it to accuse you of being the person that caused the accident [52:15.980 --> 52:18.980] simply because you don't have these items. [52:18.980 --> 52:19.980] Okay. [52:19.980 --> 52:25.980] So pay very close attention to it and read it carefully when you receive it, if you receive it. [52:25.980 --> 52:27.980] Okay. [52:27.980 --> 52:33.980] But if and when you are summoned to the municipal court, let us know, [52:33.980 --> 52:40.980] because we will be helping you make that judge's and prosecutor's life a living torment from now on. [52:40.980 --> 52:41.980] Great. [52:41.980 --> 52:46.980] Great. [52:46.980 --> 52:47.980] Okay. [52:47.980 --> 52:51.980] I guess I'll just wait for them to respond or do I need to- [52:51.980 --> 52:52.980] Well, no. [52:52.980 --> 52:57.980] First thing you need to do is you, while you wait for this new incident report, [52:57.980 --> 53:03.980] but as soon as you get anything relating to that or if five or six more days pass, [53:03.980 --> 53:10.980] go down to the court and check the court record for anything relating to you and that incident. [53:10.980 --> 53:11.980] Okay. [53:11.980 --> 53:12.980] Okay? [53:12.980 --> 53:13.980] Okay. [53:13.980 --> 53:17.980] Don't just wait until something shows up in the mail before you start doing something. [53:17.980 --> 53:19.980] Then it might be too late. [53:19.980 --> 53:21.980] Right. [53:21.980 --> 53:22.980] Okay. [53:22.980 --> 53:23.980] Well, that's what I'll do then. [53:23.980 --> 53:24.980] Thank you, Eddie. [53:24.980 --> 53:30.980] You're very welcome. [53:30.980 --> 53:31.980] All right. [53:31.980 --> 53:32.980] Thanks, Susan. [53:32.980 --> 53:33.980] Yes. [53:33.980 --> 53:34.980] Thank you very much, Susan. [53:34.980 --> 53:41.980] Now, please, folks, if you're out there listening, give us a call, 512-646-1984. [53:41.980 --> 53:45.980] We will be down at Brave New Books again this coming Saturday. [53:45.980 --> 53:52.980] There were lots of folks that were asking whether or not we're going to keep repeating the same things in these seminars down there. [53:52.980 --> 53:53.980] Yes and no. [53:53.980 --> 53:59.980] We will be going over the same principles because repetition is what will teach you. [53:59.980 --> 54:02.980] It's stuff that has to be practiced to get down. [54:02.980 --> 54:08.980] We will, however, be adapting it to different subjects and different things as we progress. [54:08.980 --> 54:15.980] We will be building upon each seminar set of information to continue on, [54:15.980 --> 54:19.980] even though we may go over some of the same principles each time. [54:19.980 --> 54:22.980] So each one of them is going to be different. [54:22.980 --> 54:24.980] So you don't have to worry about that. [54:24.980 --> 54:27.980] But that's every Saturday from now through the first of the year, [54:27.980 --> 54:34.980] except for the 11th of December from 3 to 6, Brave New Books, Downtown Austin on Guadalupe. [54:34.980 --> 54:38.980] Yes, and that's a $20 donation at the door for Eddie. [54:38.980 --> 54:41.980] $20 at door charge, please. [54:41.980 --> 54:45.980] I try to make sure you get way more than your money's worth out of that. [54:45.980 --> 54:51.980] And all proceeds go directly to Eddie on that one, and a portion goes to Brave New Books. [54:51.980 --> 54:56.980] So please support Eddie because he works night and day on this for you guys. [54:56.980 --> 54:58.980] Yeah, I really do. [54:58.980 --> 55:01.980] And I want to make sure that everybody is well-armed to fight this fight. [55:01.980 --> 55:04.980] I don't want anybody standing out in the cold looking for a weapon. [55:04.980 --> 55:06.980] I want everybody to be armed. [55:06.980 --> 55:09.980] This is how we're going to do it. [55:09.980 --> 55:13.980] And if there is anyone out there listening that's been to the last three seminars [55:13.980 --> 55:16.980] or one of the last three seminars, give us a call. [55:16.980 --> 55:20.980] Let folks know what you thought about it. [55:20.980 --> 55:23.980] Help me explain to them why it would benefit them. [55:23.980 --> 55:28.980] So I'm not the one having to look like I'm edifying myself here by saying, [55:28.980 --> 55:29.980] you got to come listen to me. [55:29.980 --> 55:31.980] That's not what I want. [55:31.980 --> 55:34.980] I try to give you folks good information. [55:34.980 --> 55:38.980] I work very diligently to make sure I'm not making it up as I go along. [55:38.980 --> 55:44.980] I don't use anything but the Black Letter Law and plain old common sense [55:44.980 --> 55:47.980] to show you what they're doing and how they're doing it. [55:47.980 --> 55:52.980] So please, if you're out there, please come to the seminars every Saturday [55:52.980 --> 55:57.980] from 3 to 6 from now through the end of the year other than December 11. [55:57.980 --> 56:00.980] It looks like we've picked up some more folks here on the board. [56:00.980 --> 56:01.980] We have. [56:01.980 --> 56:05.980] Before we go to the calls, though, I have a little soap box here [56:05.980 --> 56:12.980] that I wanted to go off on somewhat concerning research and tools [56:12.980 --> 56:15.980] and how to approach all of these things. [56:15.980 --> 56:19.980] The caller that just called in a little while ago, Walt from New York, [56:19.980 --> 56:24.980] and I give him kudos because he's trying to jump feet first into all this [56:24.980 --> 56:26.980] and get going on all this. [56:26.980 --> 56:30.980] But one thing that I did discuss with him briefly off the air [56:30.980 --> 56:35.980] after he got off his call is that he doesn't have a computer, [56:35.980 --> 56:39.980] and he's been listening on the listener line. [56:39.980 --> 56:41.980] Now, folks, listen. [56:41.980 --> 56:48.980] If you don't have a computer, you don't have a chance of fighting these bad guys. [56:48.980 --> 56:51.980] There's no way you're going to be able to write a lawsuit [56:51.980 --> 56:58.980] or modify Eddie's documents or Randy's documents or my documents or anyone else's. [56:58.980 --> 57:01.980] There's no way you're going to be able to take the jurisdictionary course. [57:01.980 --> 57:05.980] If you don't have a computer, you just don't bother, okay? [57:05.980 --> 57:08.980] You can't do it without a computer. [57:08.980 --> 57:11.980] You can't sit there on a typewriter and write a lawsuit. [57:11.980 --> 57:13.980] You've got to be able to copy and paste. [57:13.980 --> 57:15.980] You've got to be able to send emails back and forth. [57:15.980 --> 57:19.980] If you're going to use the Mike Mears method to fight these bad guys, [57:19.980 --> 57:24.980] the debt collectors, you have to get on Pacer and do research [57:24.980 --> 57:28.980] and find out what kind of lawsuits have been filed against these debt collectors, [57:28.980 --> 57:30.980] the ones that you're suing. [57:30.980 --> 57:32.980] You need to look at what their weaknesses are. [57:32.980 --> 57:34.980] You have to be able to research online. [57:34.980 --> 57:36.980] You need an Internet connection. [57:36.980 --> 57:41.980] If you're not willing to do these simple steps of, I mean, [57:41.980 --> 57:46.980] you can get a cheap computer nowadays, a little netbook for like $200, okay? [57:46.980 --> 57:50.980] And, you know, Internet connection for like $20 a month. [57:50.980 --> 57:54.980] If you all can't even do that, then we're not going to be able to help you. [57:54.980 --> 57:58.980] We can't do this kind of work for you. [57:58.980 --> 58:03.980] You know, first things first, folks need to get a computer, okay? [58:03.980 --> 58:05.980] And folks need to have an Internet connection. [58:05.980 --> 58:10.980] And you have to be willing to work and research and sign up for Pacer [58:10.980 --> 58:13.980] so that you can research other lawsuits and things like this. [58:13.980 --> 58:16.980] Otherwise, you're just not going to have a chance of doing this. [58:16.980 --> 58:19.980] You can't hire us to do these things for you. [58:19.980 --> 58:22.980] If you're not willing or not able to at least take those simple steps, [58:22.980 --> 58:25.980] then you may as well just go hire an attorney and forget the whole thing. [58:25.980 --> 58:30.980] So, you know, I'm not trying to berate the listeners or Walt, but, you know, [58:30.980 --> 58:34.980] and Walt may not have known that he needed to take some simple steps like that. [58:34.980 --> 58:38.980] But folks, really, the listener line is for people traveling in their cars [58:38.980 --> 58:40.980] in between cities that don't have the AM and FM. [58:40.980 --> 58:42.980] It's not, this is not a conference call. [58:42.980 --> 58:43.980] It's a radio show. [58:43.980 --> 58:44.980] So please get yourself a computer. [58:44.980 --> 58:47.980] Get your Internet connection going so you can listen to us online. [58:47.980 --> 58:50.980] And that's my little soapbox for the night, all right? [58:50.980 --> 58:52.980] Even Mike Maris will tell you this. [58:52.980 --> 58:59.980] So we'll be right back after the top of the hour break. [58:59.980 --> 59:02.980] The Bible remains the most popular book in the world. [59:02.980 --> 59:07.980] Yet countless readers are frustrated because they struggle to understand it. [59:07.980 --> 59:10.980] Some new translations try to help by simplifying the text, [59:10.980 --> 59:15.980] but in the process can compromise the profound meaning of the Scripture. [59:15.980 --> 59:18.980] Enter the recovery version. [59:18.980 --> 59:22.980] First, this new translation is extremely faithful and accurate, [59:22.980 --> 59:27.980] but the real story is the more than 9,000 explanatory footnotes. [59:27.980 --> 59:31.980] Difficult and profound passages are opened up in a marvelous way, [59:31.980 --> 59:34.980] providing an entrance into the riches of the Word [59:34.980 --> 59:37.980] beyond which you've ever experienced before. [59:37.980 --> 59:40.980] Bibles for America would like to give you a free recovery version [59:40.980 --> 59:42.980] simply for the asking. [59:42.980 --> 59:45.980] This comprehensive yet compact study Bible is yours [59:45.980 --> 59:52.980] just by calling us toll free at 1-888-551-0102 [59:52.980 --> 59:56.980] or by ordering online at freestudybible.com. [59:56.980 --> 59:59.980] That's freestudybible.com. [59:59.980 --> 01:00:03.980] This news brief brought to you by the International News Net. [01:00:03.980 --> 01:00:06.980] Haiti's election officials counted votes Monday [01:00:06.980 --> 01:00:09.980] after upholding the validity of Sunday's balloting, [01:00:09.980 --> 01:00:12.980] despite a chaotic day that saw two deaths [01:00:12.980 --> 01:00:15.980] and widespread complaints of electoral fraud. [01:00:15.980 --> 01:00:20.980] The elections took place amid a cholera epidemic that has claimed 1650 lives [01:00:20.980 --> 01:00:26.980] and the rubble of the January earthquake that killed a quarter of a million people. [01:00:26.980 --> 01:00:31.980] More than 100,000 Irish citizens took to the streets of Dublin Saturday [01:00:31.980 --> 01:00:36.980] to protest against an international bailout and a four-year austerity plan. [01:00:36.980 --> 01:00:41.980] Marchers were angry that most of the $105 billion from the EU [01:00:41.980 --> 01:00:46.980] and the International Monetary Fund will shore up Ireland's ailing banks. [01:00:46.980 --> 01:00:50.980] Israel's foreign ministry is doubling the public relations budgets [01:00:50.980 --> 01:00:53.980] of nine of its European embassies next year, [01:00:53.980 --> 01:00:58.980] and offices in London, Berlin, Rome, Madrid, Paris, The Hague, Oslo and Copenhagen [01:00:58.980 --> 01:01:02.980] have been instructed to prepare a list of 1,000 allies [01:01:02.980 --> 01:01:05.980] who will be briefed to take action on behalf of Israel [01:01:05.980 --> 01:01:10.980] through demonstrations, rallies and articles in the press. [01:01:10.980 --> 01:01:15.980] A large trove of U.S. diplomatic cables just released by WikiLeaks [01:01:15.980 --> 01:01:19.980] reveals the U.S. is conducting a secret intelligence campaign [01:01:19.980 --> 01:01:24.980] against U.N. Secretary-General Ban Ki-moon and Permanent Security Council representatives [01:01:24.980 --> 01:01:27.980] from China, Russia, France and the U.K. [01:01:27.980 --> 01:01:31.980] A classified directive issued to U.S. diplomats by its Secretary of State, [01:01:31.980 --> 01:01:36.980] Hillary Clinton, in July 2009, demanded detailed information [01:01:36.980 --> 01:01:41.980] including DNA, fingerprints and iris scans on key U.N. officials, [01:01:41.980 --> 01:01:45.980] as well as intelligence on Ban's management and decision-making style. [01:01:45.980 --> 01:01:49.980] The State Department also urged diplomats to collect technical details [01:01:49.980 --> 01:01:53.980] about the communication systems used by top U.N. officials, [01:01:53.980 --> 01:01:56.980] including passwords and personal encryption keys [01:01:56.980 --> 01:01:58.980] used for official communications. [01:01:58.980 --> 01:02:01.980] The level of technical and personal detail demanded [01:02:01.980 --> 01:02:04.980] about the U.N. top team's communication systems [01:02:04.980 --> 01:02:08.980] are seen by some intelligence experts as laying the groundwork [01:02:08.980 --> 01:02:12.980] for surveillance or hacking operations. [01:02:12.980 --> 01:02:17.980] A British scientist is to warn the Cancun summit on the climate change [01:02:17.980 --> 01:02:19.980] that starts Tuesday. [01:02:19.980 --> 01:02:23.980] Devastating changes to sea levels, rainfall, water supplies, [01:02:23.980 --> 01:02:27.980] weather systems and crop yields are likely to increase [01:02:27.980 --> 01:02:29.980] before the end of the century. [01:02:29.980 --> 01:02:32.980] Dr. Mark New, a climate expert at Oxford University, [01:02:32.980 --> 01:02:37.980] says up to a billion people face losing their homes in the next 90 years [01:02:37.980 --> 01:02:40.980] because of failure to agree on curbs to carbon emissions. [01:02:40.980 --> 01:02:44.980] Up to three billion people could lose access to clean water [01:02:44.980 --> 01:03:11.980] because global temperatures can no longer be stopped from rising by seven degrees. [01:03:14.980 --> 01:03:42.980] Alright folks, we are back, hour two. [01:03:42.980 --> 01:03:49.980] Tonight is Monday, November 29, 2010. [01:03:49.980 --> 01:03:50.980] We're taking your calls. [01:03:50.980 --> 01:03:53.980] We've got a pretty full board of callers here. [01:03:53.980 --> 01:03:55.980] We're going to go to a first-time caller first. [01:03:55.980 --> 01:03:57.980] So folks, just hang on the line there. [01:03:57.980 --> 01:03:59.980] We're going to go to Robert from Texas, first-time caller. [01:03:59.980 --> 01:04:00.980] Thank you for calling in. [01:04:00.980 --> 01:04:02.980] Robert, what is your question for us tonight? [01:04:02.980 --> 01:04:08.980] A question regarding due process in a city court matter [01:04:08.980 --> 01:04:12.980] on a simple parking violation. [01:04:12.980 --> 01:04:17.980] I was told that I thought I was going to go before a city magistrate, [01:04:17.980 --> 01:04:23.980] a judge, to have a hearing, and I was not afforded a judge. [01:04:23.980 --> 01:04:28.980] The highest I could go was a hearing officer. [01:04:28.980 --> 01:04:30.980] In Texas? [01:04:30.980 --> 01:04:39.980] I went and showed the officer that I didn't even get the hearing date [01:04:39.980 --> 01:04:48.980] until after I sent a letter three weeks that I'd never even gotten a notice of a hearing. [01:04:48.980 --> 01:04:53.980] Well, I went to the hearing, and she said she couldn't do anything for me, [01:04:53.980 --> 01:04:55.980] and that was the end of it. [01:04:55.980 --> 01:05:00.980] And I have to pay the fine and maybe get my car towed. [01:05:00.980 --> 01:05:03.980] Okay, this is over a parking ticket? [01:05:03.980 --> 01:05:09.980] A simple little parking ticket, and that's the far as I can go. [01:05:09.980 --> 01:05:13.980] Did they charge you under a city ordinance or did they charge you under a state law? [01:05:13.980 --> 01:05:15.980] Under a city ordinance. [01:05:15.980 --> 01:05:20.980] Okay, and is this city ordinance based on a specific state law? [01:05:20.980 --> 01:05:21.980] I don't know. [01:05:21.980 --> 01:05:24.980] It's an Austin city parking ordinance. [01:05:24.980 --> 01:05:26.980] Okay, but you need to find out. [01:05:26.980 --> 01:05:34.980] If it is not based on a specific state law, the ordinance cannot be used to charge you. [01:05:34.980 --> 01:05:37.980] Plus, if they're going to do that, [01:05:37.980 --> 01:05:41.980] then they have to tell you whether or not the charge is civil or criminal. [01:05:41.980 --> 01:05:45.980] If it's criminal, they cannot just find you guilty and make you pay. [01:05:45.980 --> 01:05:48.980] That's a denial of due process. [01:05:48.980 --> 01:05:51.980] Now you get to go after the judge and own her house. [01:05:51.980 --> 01:05:56.980] That's what I want to do because I know I'm not guilty. [01:05:56.980 --> 01:05:58.980] Wait a minute. [01:05:58.980 --> 01:06:01.980] Whether or not you're guilty makes no difference to them. [01:06:01.980 --> 01:06:06.980] It's how easy you are to roll over and lift your wallet out of your back pocket. [01:06:06.980 --> 01:06:07.980] I agree. [01:06:07.980 --> 01:06:09.980] That's what I told this hearing officer. [01:06:09.980 --> 01:06:16.980] I said, I didn't even get to see the judge. [01:06:16.980 --> 01:06:21.980] She says, well, you can't. It's too late. [01:06:21.980 --> 01:06:24.980] Do you have this individual's name? [01:06:24.980 --> 01:06:26.980] The hearing officer's name? [01:06:26.980 --> 01:06:27.980] Yes. [01:06:27.980 --> 01:06:29.980] Hernandez. [01:06:29.980 --> 01:06:31.980] Do you have their full name? [01:06:31.980 --> 01:06:32.980] Oh, yes. [01:06:32.980 --> 01:06:33.980] Okay. [01:06:33.980 --> 01:06:36.980] Then you need to file a lawsuit against Mr. or Ms. Hernandez. [01:06:36.980 --> 01:06:39.980] Yes. [01:06:39.980 --> 01:06:47.980] And name them in a criminal conspiracy to deprive you of your due process rights. [01:06:47.980 --> 01:06:48.980] Okay. [01:06:48.980 --> 01:06:56.980] And what was deprived was that the city has an ordinance that is not... [01:06:56.980 --> 01:07:00.980] Well, you're going to look and see what they're basing the ordinance on. [01:07:00.980 --> 01:07:02.980] Okay. [01:07:02.980 --> 01:07:05.980] In order for the ordinance to hold any weight whatsoever, [01:07:05.980 --> 01:07:10.980] there must be an accompanying state law or the ordinance is invalid. [01:07:10.980 --> 01:07:14.980] Pursuant Article 3, Section 29, Texas Constitution, [01:07:14.980 --> 01:07:19.980] only the legislature can create law binding upon the people, [01:07:19.980 --> 01:07:22.980] not the cities and not the counties. [01:07:22.980 --> 01:07:26.980] Ordinances are not law. [01:07:26.980 --> 01:07:36.980] Can the city, if it's a state law, can the city relegate the administration [01:07:36.980 --> 01:07:40.980] or the court to a hearing officer and that's it? [01:07:40.980 --> 01:07:42.980] No judge. [01:07:42.980 --> 01:07:45.980] Not if they're charging you with a criminal case, no. [01:07:45.980 --> 01:07:48.980] Well, I don't think a parking sticker... [01:07:48.980 --> 01:07:52.980] Well, you would think a traffic ticket isn't either, but it is. [01:07:52.980 --> 01:07:56.980] And if this falls under the traffic code, then it's a criminal charge, [01:07:56.980 --> 01:08:01.980] unless the statute specifically states that it's civil. [01:08:01.980 --> 01:08:02.980] The traffic... [01:08:02.980 --> 01:08:04.980] I said, this is terrible. [01:08:04.980 --> 01:08:06.980] I can't go see a judge. [01:08:06.980 --> 01:08:15.980] He says, well, only traffic violations can see a judge under city ordinance. [01:08:15.980 --> 01:08:16.980] Well, sorry. [01:08:16.980 --> 01:08:20.980] That's an administrative determination of guilt and that's a bill of attainder [01:08:20.980 --> 01:08:26.980] upon its face and it is unconstitutional and illegal. [01:08:26.980 --> 01:08:30.980] I'm going to pursue this because I just think of the principle [01:08:30.980 --> 01:08:35.980] and I want to applaud this radio station and you people. [01:08:35.980 --> 01:08:40.980] I have been listening for, because this case was pending [01:08:40.980 --> 01:08:42.980] and I finally went in this past week, [01:08:42.980 --> 01:08:47.980] and I've been listening to you people for, oh, a month. [01:08:47.980 --> 01:08:52.980] And then I've now been talking to other, you know, just common neighbors. [01:08:52.980 --> 01:09:00.980] And we all agree that none of us understand that we common citizens [01:09:00.980 --> 01:09:08.980] have randomly been found in the clutches of the law or police [01:09:08.980 --> 01:09:15.980] and they seem to run over us by we not knowing our rights. [01:09:15.980 --> 01:09:18.980] And they won't explain our rights either. [01:09:18.980 --> 01:09:20.980] No, they won't and you are correct. [01:09:20.980 --> 01:09:22.980] They are going to run over you. [01:09:22.980 --> 01:09:24.980] And also because people don't know the law either. [01:09:24.980 --> 01:09:25.980] No, and I don't know the law. [01:09:25.980 --> 01:09:31.980] But the point is that we are starting to wake up and we further discussed it [01:09:31.980 --> 01:09:38.980] that there ought to be a means where we can applaud people like you [01:09:38.980 --> 01:09:45.980] in our different communities that are doing work for us, the citizens. [01:09:45.980 --> 01:09:49.980] Well, what I would much rather do rather than get your applause [01:09:49.980 --> 01:09:55.980] is to teach you what you're not currently holding in your hands and in your mind. [01:09:55.980 --> 01:09:58.980] I would much rather teach you how to fight this fight [01:09:58.980 --> 01:10:01.980] than have you applaud me or someone else for fighting it. [01:10:01.980 --> 01:10:06.980] No, I applaud you and I think that I'm going to fight it [01:10:06.980 --> 01:10:09.980] because it's unjust, un-American. [01:10:09.980 --> 01:10:19.980] I fought in the military for 30 years and so I was amazed at this. [01:10:19.980 --> 01:10:22.980] This is the way it will continue to be. [01:10:22.980 --> 01:10:23.980] It will get worse. [01:10:23.980 --> 01:10:28.980] This is why we're holding the seminars at Brave New Books on Saturdays while I'm in town. [01:10:28.980 --> 01:10:31.980] I'm going to be there and I'll meet you and shake your hand at least. [01:10:31.980 --> 01:10:34.980] Well, Robert, also what some of our listeners do [01:10:34.980 --> 01:10:38.980] is they get together with their neighbors and they have dinner [01:10:38.980 --> 01:10:43.980] and listen to the show together and then have discussion about it afterwards. [01:10:43.980 --> 01:10:47.980] I'd be just as happy if you round them up and bring them to Brave New Books with you. [01:10:47.980 --> 01:10:51.980] Exactly and try to spread the word about the program as much as possible. [01:10:51.980 --> 01:10:54.980] The more people we can help, the more of a difference we'll be able to make. [01:10:54.980 --> 01:10:57.980] Now, Brave New World is at 6 o'clock Saturday. [01:10:57.980 --> 01:10:58.980] Brave New Books. [01:10:58.980 --> 01:11:01.980] No, Brave New Books from 3 to 6 on Saturday. [01:11:01.980 --> 01:11:03.980] Oh, 3 to 6 Saturday. [01:11:03.980 --> 01:11:05.980] Brave New Books. [01:11:05.980 --> 01:11:07.980] Okay, thank you. [01:11:07.980 --> 01:11:08.980] Yes, sir, thank you. [01:11:08.980 --> 01:11:11.980] All right, thanks, Robert, and thanks for listening. [01:11:11.980 --> 01:11:14.980] Okay, we're going now to Hondo in Texas. [01:11:14.980 --> 01:11:16.980] All right, Hondo, thanks for calling in. [01:11:16.980 --> 01:11:20.980] What is your question tonight? [01:11:20.980 --> 01:11:27.980] Yes, sorry, I was just going to listen and I didn't know y'all were going to go to me. [01:11:27.980 --> 01:11:40.980] On the topic that y'all opened with tonight, about 27.14 Procuratorial Procedure [01:11:40.980 --> 01:11:52.980] and just really the statutes that outline the duties of the magistrate and the officer, et cetera, [01:11:52.980 --> 01:12:03.980] my question is when I get a citation, I go into the court and they never want to let me see the judge. [01:12:03.980 --> 01:12:06.980] That's because you don't want to see the judge. [01:12:06.980 --> 01:12:08.980] You want to see the magistrate. [01:12:08.980 --> 01:12:11.980] You want to see the judge wearing their other hat. [01:12:11.980 --> 01:12:16.980] Right, okay, in their capacity as a magistrate. [01:12:16.980 --> 01:12:20.980] So I don't think that if I went in there and said that it would make any difference. [01:12:20.980 --> 01:12:24.980] I don't think they still wouldn't let me. [01:12:24.980 --> 01:12:29.980] Have you invested in that little digital recorder I told you about? [01:12:29.980 --> 01:12:33.980] No, sir, I'm still using my phone. [01:12:33.980 --> 01:12:36.980] Okay, well, I mean, as long as you're recording it, that's fine. [01:12:36.980 --> 01:12:39.980] But when you go in and you tell them you're there to see the magistrate, [01:12:39.980 --> 01:12:43.980] you want to record them saying you're not going to see the magistrate [01:12:43.980 --> 01:12:51.980] because they are the ones now interfering with your ability to fulfill your promise to appear. [01:12:51.980 --> 01:12:57.980] Right, right, and then at that point, you know, they want you to enter a plea [01:12:57.980 --> 01:13:00.980] and I tell them I'm not going to and try to explain to them why. [01:13:00.980 --> 01:13:06.980] They don't understand and really it just kind of comes to a draw [01:13:06.980 --> 01:13:10.980] and I just, you know, we just kind of disagree and I leave. [01:13:10.980 --> 01:13:15.980] Well, the only problem with that is my ticket's still there and they're still going to issue a warrant for my arrest [01:13:15.980 --> 01:13:23.980] or the other thing, they may enter a not guilty plea for me and, you know, summons me to mail. [01:13:23.980 --> 01:13:25.980] Well, here's the thing. [01:13:25.980 --> 01:13:29.980] If you made the appearance and they issue a warrant for your arrest anyway, [01:13:29.980 --> 01:13:36.980] that's what you want to happen because at that point, that judge is toast. [01:13:36.980 --> 01:13:37.980] Right. [01:13:37.980 --> 01:13:42.980] If you file suit against that judge at that moment in time, that's it. [01:13:42.980 --> 01:13:49.980] It's over because you can show the judge acted in total violation of law without jurisdiction [01:13:49.980 --> 01:14:00.980] and attempted to deprive you of your right to liberty through abusive process and through false imprisonment. [01:14:00.980 --> 01:14:05.980] Which isn't there, there's not a false imprisonment statute in Texas. [01:14:05.980 --> 01:14:07.980] Yes, there is. There's not a false arrest statute. [01:14:07.980 --> 01:14:10.980] There's a false imprisonment but not a false arrest. [01:14:10.980 --> 01:14:11.980] Oh, okay. [01:14:11.980 --> 01:14:16.980] I thought it was, oh, so that's where he's using the aggravated kidnapping. [01:14:16.980 --> 01:14:17.980] That's correct. [01:14:17.980 --> 01:14:19.980] The arrest, I see. [01:14:19.980 --> 01:14:25.980] Okay, so can you tell me what should happen whenever you appear? [01:14:25.980 --> 01:14:32.980] You should see the magistrate and they should perform their duties as outlined in 15.17G, right? [01:14:32.980 --> 01:14:40.980] Tell you all of your rights to counsel and you don't have to make statements. [01:14:40.980 --> 01:14:42.980] It depends on how you make the appearance. [01:14:42.980 --> 01:14:46.980] If you are actually taken before the magistrate by an officer, [01:14:46.980 --> 01:14:51.980] they should immediately go to 14.06 Code of Criminal Procedure. [01:14:51.980 --> 01:15:01.980] If you show up on your own in compliance with the citation, they have to start in 15.17G. [01:15:01.980 --> 01:15:08.980] Okay, which basically just says that they perform their duties imposed by this article, [01:15:08.980 --> 01:15:11.980] which is all of 15.17. [01:15:11.980 --> 01:15:19.980] At that point, if the officer did take me before the magistrate, [01:15:19.980 --> 01:15:29.980] probably what I would do is say, look, try to explain to the magistrate [01:15:29.980 --> 01:15:33.980] that the officer has no probable cause for the various reasons. [01:15:33.980 --> 01:15:36.980] Wait, you're going across different things here. [01:15:36.980 --> 01:15:39.980] First off, you're arguing merits by going to probable cause. [01:15:39.980 --> 01:15:41.980] Don't do that. [01:15:41.980 --> 01:15:42.980] I see. [01:15:42.980 --> 01:15:43.980] Okay. [01:15:43.980 --> 01:15:49.980] What we're dealing with here is did the officer violate his ministerial duty in accordance with law? [01:15:49.980 --> 01:15:54.980] He was required to take you immediately before a magistrate, not to a jail cell. [01:15:54.980 --> 01:15:58.980] Did he do that? [01:15:58.980 --> 01:16:00.980] Probably not. [01:16:00.980 --> 01:16:02.980] Usually they don't. [01:16:02.980 --> 01:16:07.980] If they don't issue the citation, you usually get taken to a jail cell, [01:16:07.980 --> 01:16:16.980] which is a direct violation of 543, Transportation Code. [01:16:16.980 --> 01:16:18.980] Okay. [01:16:18.980 --> 01:16:25.980] Another question I had was if we are not able to make it on Saturday. [01:16:25.980 --> 01:16:26.980] Shame on you. [01:16:26.980 --> 01:16:27.980] No, I'm kidding. [01:16:27.980 --> 01:16:29.980] Do you all record that? [01:16:29.980 --> 01:16:30.980] No. [01:16:30.980 --> 01:16:31.980] I'm trying to. [01:16:31.980 --> 01:16:35.980] Right now, I'm just recording with my little digital recorder. [01:16:35.980 --> 01:16:40.980] For some reason, it doesn't go the entire three hours like it ought to from time to time. [01:16:40.980 --> 01:16:42.980] I'm trying to figure out why. [01:16:42.980 --> 01:16:44.980] Okay. [01:16:44.980 --> 01:16:45.980] All right. [01:16:45.980 --> 01:16:48.980] Well, I live up in Fort Worth, and so it's not always I just can't really... [01:16:48.980 --> 01:16:49.980] Okay. [01:16:49.980 --> 01:16:50.980] Hang on just a second, Hondo. [01:16:50.980 --> 01:16:51.980] We're about to go to break. [01:16:51.980 --> 01:16:52.980] All right, folks. [01:16:52.980 --> 01:16:59.980] As a rule of law radio, we'll be right back. [01:16:59.980 --> 01:17:02.980] It is so enlightening to listen to 90.1 FM, [01:17:02.980 --> 01:17:05.980] but finding things on the Internet isn't so easy, [01:17:05.980 --> 01:17:08.980] and neither is finding like-minded people to share it with. [01:17:08.980 --> 01:17:11.980] Oh, well, I guess you haven't heard of Brave New Books, then. [01:17:11.980 --> 01:17:12.980] Brave New Books? [01:17:12.980 --> 01:17:13.980] Yes. [01:17:13.980 --> 01:17:16.980] Brave New Books has all the books and DVDs you're looking for by authors [01:17:16.980 --> 01:17:19.980] like Alex Jones, Ron Paul, and G. Edward Griffin. [01:17:19.980 --> 01:17:23.980] They even stock inner food, Berkey products, and Calvin Soaps. [01:17:23.980 --> 01:17:25.980] There's no way a place like that exists. [01:17:25.980 --> 01:17:27.980] Go check it out for yourself. [01:17:27.980 --> 01:17:31.980] It's downtown at 1904 Guadalupe Street just south of UT. [01:17:31.980 --> 01:17:34.980] By UT, there's never anywhere to park down there. [01:17:34.980 --> 01:17:37.980] Actually, they now offer a free hour of parking [01:17:37.980 --> 01:17:42.980] for paying customers at the 500 MLK parking facility just behind the bookstore. [01:17:42.980 --> 01:17:46.980] It does exist, but when are they open? [01:17:46.980 --> 01:17:51.980] Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays. [01:17:51.980 --> 01:17:55.980] So give them a call at 512-480-2503, [01:17:55.980 --> 01:18:01.980] or check out their events page at bravenewbookstore.com. [01:18:01.980 --> 01:18:05.980] Capital Coin and Bullion is your local source for rare coins, [01:18:05.980 --> 01:18:08.980] precious metals, and coin supplies in the Austin metro area. [01:18:08.980 --> 01:18:10.980] We also ship worldwide. [01:18:10.980 --> 01:18:13.980] We are a family-owned and operated business [01:18:13.980 --> 01:18:16.980] that offers competitive prices on your coin and metals purchases. [01:18:16.980 --> 01:18:21.980] We buy, sell, trade, and consign rare coins, gold and silver coin collections, [01:18:21.980 --> 01:18:23.980] precious metals, and scrap gold. [01:18:23.980 --> 01:18:27.980] We will purchase and sell gold and jewelry items as well. [01:18:27.980 --> 01:18:29.980] We offer daily specials on coins and bullions. [01:18:29.980 --> 01:18:33.980] We're located at 5448 Barnett Road, Suite 3, [01:18:33.980 --> 01:18:39.980] and we're open Monday through Friday, 10 AM to 6 PM, Saturdays, 10 AM to 5 PM. [01:18:39.980 --> 01:18:42.980] You are welcome to stop in our shop during regular business hours [01:18:42.980 --> 01:18:47.980] or call 512-646-6440 with any questions. [01:18:47.980 --> 01:18:52.980] Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM. [01:18:52.980 --> 01:18:58.980] That's Capital Coin and Bullion, 512-646-6440. [01:18:58.980 --> 01:19:22.980] All right, folks, we are back, Rule of Law Radio. [01:19:22.980 --> 01:19:24.980] This is Eddie Craig, Debra Stevens. [01:19:24.980 --> 01:19:27.980] Okay, we are going to finish up with Hondo, and then we'll take our next callers. [01:19:27.980 --> 01:19:30.980] We've got three other folks on the board at the moment if you want to call in, [01:19:30.980 --> 01:19:33.980] 512-646-1984. [01:19:33.980 --> 01:19:36.980] We've only got about 40 minutes left in the show, [01:19:36.980 --> 01:19:39.980] so if you have any issues, please give us a call. [01:19:39.980 --> 01:19:41.980] All right, Hondo, please continue. [01:19:41.980 --> 01:19:43.980] What was your question? [01:19:43.980 --> 01:19:45.980] That's pretty much all. [01:19:45.980 --> 01:19:47.980] I was just wondering, because like I said, [01:19:47.980 --> 01:19:50.980] I go in to appear as I promised on the ticket, [01:19:50.980 --> 01:19:55.980] and they never seem to perform their duties as it says in the statute. [01:19:55.980 --> 01:20:00.980] So, you know, I guess just report it and roll on out of there, [01:20:00.980 --> 01:20:04.980] and if they ever arrest you, then shame on them, I guess. [01:20:04.980 --> 01:20:07.980] No, not shame on them, sue the crap out of them. [01:20:07.980 --> 01:20:09.980] Right, right, exactly. [01:20:09.980 --> 01:20:11.980] Yeah, that's going to be the gist of it. [01:20:11.980 --> 01:20:14.980] That's basically all you can do is what I'm saying. [01:20:14.980 --> 01:20:16.980] Yeah, it's time to fight back. [01:20:16.980 --> 01:20:20.980] It's time to stop rolling over and getting walked on by these people [01:20:20.980 --> 01:20:22.980] that are supposed to be serving us. [01:20:22.980 --> 01:20:25.980] We made a set of laws they're bound to buy. [01:20:25.980 --> 01:20:30.980] I am sick and tired of my rules being ignored by my servants. [01:20:30.980 --> 01:20:32.980] I am not subject to your rules. [01:20:32.980 --> 01:20:35.980] You are subject to mine, folks. [01:20:35.980 --> 01:20:39.980] Pay attention to them. [01:20:39.980 --> 01:20:48.980] Last question was on the different motions that you have available on the very top. [01:20:48.980 --> 01:20:53.980] It says cause number, state of Texas, the plaintiff and defendant, et cetera. [01:20:53.980 --> 01:20:58.980] The judicial district, how do we determine what judicial district? [01:20:58.980 --> 01:21:01.980] Well, that is a generic heading. [01:21:01.980 --> 01:21:04.980] Judicial district would only apply to a district court. [01:21:04.980 --> 01:21:06.980] Otherwise, you take out district. [01:21:06.980 --> 01:21:11.980] If it's a JP court, you just put in precinct and the number in that section. [01:21:11.980 --> 01:21:15.980] If it's a municipal court, you just take that section out entirely. [01:21:15.980 --> 01:21:19.980] Okay, okay, makes sense. [01:21:19.980 --> 01:21:26.980] All right, I appreciate it, and we will continue our session next. [01:21:26.980 --> 01:21:28.980] All right, thanks, Wando. [01:21:28.980 --> 01:21:31.980] Okay, we're going now to Terry in Texas. [01:21:31.980 --> 01:21:33.980] All right, Terry, thanks for calling in. [01:21:33.980 --> 01:21:34.980] What is your question tonight? [01:21:34.980 --> 01:21:35.980] I don't have a question. [01:21:35.980 --> 01:21:38.980] I have just a quick suggestion. [01:21:38.980 --> 01:21:47.980] I don't know if you have those already, but like a business card sort of printed up that I could carry around in my wallet [01:21:47.980 --> 01:21:51.980] and give out to different people. [01:21:51.980 --> 01:21:58.980] Working on that, I have not yet been able to go and get the card stock I need to get those printed up. [01:21:58.980 --> 01:21:59.980] I've got the design. [01:21:59.980 --> 01:22:01.980] I just don't have the card stock. [01:22:01.980 --> 01:22:02.980] I've got to go pick that up. [01:22:02.980 --> 01:22:06.980] Boy, Eddie, I felt so inadequate because I was at your class the other day, [01:22:06.980 --> 01:22:09.980] and then here today I was at Kinko's. [01:22:09.980 --> 01:22:11.980] I heard this guy walk in. [01:22:11.980 --> 01:22:12.980] I was making copies. [01:22:12.980 --> 01:22:15.980] He was very animated and talked and agitated, and he was kind of a hurry, [01:22:15.980 --> 01:22:18.980] but I overheard the court thing he was saying to somebody on the phone. [01:22:18.980 --> 01:22:20.980] It sounded exactly like something you experienced. [01:22:20.980 --> 01:22:26.980] I think he said driver's license and speed tickets, and they were tacking on all these fines, [01:22:26.980 --> 01:22:29.980] and he was telling me it was up to like $3,000, and I felt so inadequate [01:22:29.980 --> 01:22:34.980] because all I could get out was rule of law radio and 90.1, and he was in a hurry, [01:22:34.980 --> 01:22:39.980] and I just felt so bad that I didn't have something more sentient to give to him [01:22:39.980 --> 01:22:44.980] like your hours of when your program was on, [01:22:44.980 --> 01:22:47.980] because this guy really sounded like he was in desperate need of help. [01:22:47.980 --> 01:22:48.980] Right. [01:22:48.980 --> 01:22:51.980] Well, folks, y'all can make your own. [01:22:51.980 --> 01:22:56.980] I mean, if you go to the website, pretty much every graphic online, [01:22:56.980 --> 01:22:59.980] unless it's a flash, unless it's in a flash player or something, [01:22:59.980 --> 01:23:00.980] you just right-click and say Save As. [01:23:00.980 --> 01:23:06.980] You can right-click and Save As our logo, you know, the radio that says Rule of Law Radio [01:23:06.980 --> 01:23:11.980] and the cute little radio with the little ruler underneath, you know, rule and radio, [01:23:11.980 --> 01:23:16.980] and you can Photoshop your own and make them up and give them out to people. [01:23:16.980 --> 01:23:21.980] Well, that's very true, Debra, when you're saying that, and I'm telling you all this, [01:23:21.980 --> 01:23:27.980] I feel so – it just goes to the heart of not being prepared, and I feel so unprepared, [01:23:27.980 --> 01:23:30.980] so it's really three fingers pointing back at me and nothing else. [01:23:30.980 --> 01:23:36.980] Well, I'll tell you what, I will try to Photoshop up a little business card, you know, [01:23:36.980 --> 01:23:42.980] size graphic image for folks to download so that they can go have them printed up themselves [01:23:42.980 --> 01:23:44.980] with the times of our show and the website and everything. [01:23:44.980 --> 01:23:47.980] But I guess it's not, you know, you don't – it's something I don't even really think about. [01:23:47.980 --> 01:23:49.980] You know, I wasn't even prepared for it out of the blue, [01:23:49.980 --> 01:23:54.980] and then here to not be prepared and not be thinking about it was very frustrating. [01:23:54.980 --> 01:23:59.980] So it does go to the heart of the matter, what you guys talk about so much is really being prepared. [01:23:59.980 --> 01:24:01.980] Well, we really appreciate the suggestion, Terry. [01:24:01.980 --> 01:24:04.980] I mean, merchandising and marketing is not my strong point. [01:24:04.980 --> 01:24:09.980] I'm a computer tech, I'm an audio engineer, and so it's like I need help, you know, [01:24:09.980 --> 01:24:11.980] I need help with things like this. [01:24:11.980 --> 01:24:16.980] I mean, hey, if someone out there wants to make up a little design for me, I mean, [01:24:16.980 --> 01:24:19.980] that would be great, and I'll post it for download. [01:24:19.980 --> 01:24:24.980] I mean, we're – I mean, it's really difficult for Eddie and Randy and I [01:24:24.980 --> 01:24:28.980] because it's basically, you know, one-man show business around here. [01:24:28.980 --> 01:24:32.980] Make up the logo and design, and I'll buy the first 524. [01:24:32.980 --> 01:24:35.980] Oh, thanks, Terry. [01:24:35.980 --> 01:24:38.980] Yeah, the best thing would be for people to download and have it printed up themselves, [01:24:38.980 --> 01:24:43.980] because if I have it – if I order like a thousand copies of business cards, [01:24:43.980 --> 01:24:47.980] then people are going to want to order them from me, and then I will have to ship them. [01:24:47.980 --> 01:24:51.980] And so, you know, that's just a cumbersome kind of a deal for me to have to deal with. [01:24:51.980 --> 01:24:55.980] So if folks could – I'll just post a little graphic for folks to download, [01:24:55.980 --> 01:24:57.980] then you all can have them printed up yourselves. [01:24:57.980 --> 01:25:00.980] Next time you get a chance to go to his event, print up 500, [01:25:00.980 --> 01:25:02.980] and everybody can take 10 or 20 they could just keep in their wallet. [01:25:02.980 --> 01:25:03.980] That's all it requires. [01:25:03.980 --> 01:25:04.980] You know, it needs 50. [01:25:04.980 --> 01:25:05.980] You know, everybody needs 10. [01:25:05.980 --> 01:25:08.980] You're not going to run – that was an oddball thing for me. [01:25:08.980 --> 01:25:09.980] I might run into somebody like that. [01:25:09.980 --> 01:25:11.980] Might have happened in another year that might happen to me. [01:25:11.980 --> 01:25:12.980] Right. [01:25:12.980 --> 01:25:14.980] I guess my point is where would folks get them? [01:25:14.980 --> 01:25:17.980] I mean, if I had to ship them out or mail them out, that would be difficult, [01:25:17.980 --> 01:25:20.980] but I could have some maybe put at Brave New Books or something. [01:25:20.980 --> 01:25:23.980] Like I said, I'll just have the graphic posted, [01:25:23.980 --> 01:25:27.980] and then you all can just print them out on your own printers and cut them up or whatever. [01:25:27.980 --> 01:25:28.980] Okay. [01:25:28.980 --> 01:25:29.980] Thanks, Terry. [01:25:29.980 --> 01:25:30.980] Bye. [01:25:30.980 --> 01:25:31.980] Okay, bye-bye. [01:25:31.980 --> 01:25:35.980] Okay, we're going now to Jim in Kansas. [01:25:35.980 --> 01:25:36.980] Hey, Jim. [01:25:36.980 --> 01:25:37.980] Thanks. [01:25:37.980 --> 01:25:39.980] What is your question or comment tonight? [01:25:39.980 --> 01:25:44.980] Well, I'm looking at the statutes here in Kansas, [01:25:44.980 --> 01:25:47.980] and I think they've basically gotten us a couple of ways [01:25:47.980 --> 01:25:51.980] from what we were talking about earlier with the complaint [01:25:51.980 --> 01:25:53.980] and then the commencement of prosecution. [01:25:53.980 --> 01:25:58.980] And I wanted to get Eddie's take on these statutes. [01:25:58.980 --> 01:26:02.980] In the general definitions, it reads, [01:26:02.980 --> 01:26:08.980] a complaint means a written statement under oath of the essential facts constituting a crime [01:26:08.980 --> 01:26:14.980] except that a citation or notice to appear issued by a law enforcement officer [01:26:14.980 --> 01:26:18.980] pursuant to and in compliance with, and then it lists another statute, [01:26:18.980 --> 01:26:23.980] and amendments thereto or citation or notice to appear issued pursuant to [01:26:23.980 --> 01:26:28.980] and in compliance with another statute shall be deemed a valid complaint [01:26:28.980 --> 01:26:32.980] if it is signed by the law enforcement officer. [01:26:32.980 --> 01:26:40.980] Okay, in the original statute, does it say that the complaint must be sworn? [01:26:40.980 --> 01:26:44.980] These are the definitions in the statute. [01:26:44.980 --> 01:26:51.980] It's the Code of Criminal Procedures 2222 here in Kansas. [01:26:51.980 --> 01:26:55.980] And these are the definitions, the general definitions. [01:26:55.980 --> 01:26:59.980] Right, but what I'm saying is, is does it say in the definition of a complaint [01:26:59.980 --> 01:27:06.980] or the requisites of a complaint that it must be sworn to? [01:27:06.980 --> 01:27:13.980] In the definition, it talks about it being sworn to except that it should be under oath [01:27:13.980 --> 01:27:19.980] of the essential facts except that a citation or notice to appear issued [01:27:19.980 --> 01:27:26.980] by a law enforcement officer constitutes basically a valid complaint. [01:27:26.980 --> 01:27:30.980] Okay, so they're saying that anything done by a law enforcement officer [01:27:30.980 --> 01:27:36.980] is not required to be sworn to because presumably he's already made a sworn [01:27:36.980 --> 01:27:39.980] declaration as an officer when he took his oath of office [01:27:39.980 --> 01:27:42.980] is how some of these states are doing this. [01:27:42.980 --> 01:27:46.980] I assume that's exactly what it is. [01:27:46.980 --> 01:27:52.980] Now, personally I have, I take issue with that simply because, you know, [01:27:52.980 --> 01:27:59.980] these guys are not well known for being truthful when the mood suits them. [01:27:59.980 --> 01:28:01.980] Oh, I agree with you absolutely on that. [01:28:01.980 --> 01:28:05.980] In fact, I'm doing this, I don't have any issues or complaints against me. [01:28:05.980 --> 01:28:14.980] I found you all through Alex Jones and I'm trying to get myself up so if I can help other people [01:28:14.980 --> 01:28:17.980] or if I ever come across it. [01:28:17.980 --> 01:28:22.980] They also seem to get us where you were talking about the complaint [01:28:22.980 --> 01:28:29.980] did not give the court jurisdiction in 22-2301. [01:28:29.980 --> 01:28:32.980] It seems to get us there here in Kansas as well. [01:28:32.980 --> 01:28:35.980] It reads, unless otherwise provided by law, [01:28:35.980 --> 01:28:41.980] a prosecution shall be commenced by filing a complaint with a magistrate. [01:28:41.980 --> 01:28:45.980] A copy of the complaint shall forthwith be supplied to the county attorney [01:28:45.980 --> 01:28:49.980] and of the county attorney of the county, [01:28:49.980 --> 01:28:51.980] and a copy therefore shall be furnished to the defendant [01:28:51.980 --> 01:28:55.980] or said defendant's attorney upon request. [01:28:55.980 --> 01:28:57.980] Okay, but that's true anywhere. [01:28:57.980 --> 01:29:02.980] A criminal complaint is required to initiate any kind of prosecution, [01:29:02.980 --> 01:29:06.980] but it does not mean it automatically conveys jurisdiction to the court [01:29:06.980 --> 01:29:11.980] to hear a case based on that criminal complaint. [01:29:11.980 --> 01:29:15.980] What you just read says that a copy has to be given to the county attorney. [01:29:15.980 --> 01:29:20.980] Once the county attorney has it, what does the law say he's required to do with it? [01:29:20.980 --> 01:29:28.980] The next paragraph, let me... [01:29:28.980 --> 01:29:32.980] You may have to find a section entitled duties of county attorney. [01:29:32.980 --> 01:29:33.980] Okay, well I'll do that. [01:29:33.980 --> 01:29:35.980] Those are my questions. [01:29:35.980 --> 01:29:37.980] I appreciate your comments on these. [01:29:37.980 --> 01:29:38.980] Yes, sir, no problem. [01:29:38.980 --> 01:29:39.980] Thank you for calling in. [01:29:39.980 --> 01:29:41.980] All right, folks, we're going to break. [01:29:41.980 --> 01:29:42.980] Rule of Law Radio. [01:29:42.980 --> 01:29:43.980] Eddie Craig. [01:29:43.980 --> 01:29:44.980] Deborah Stevens. [01:29:44.980 --> 01:29:45.980] Give us a call. [01:29:45.980 --> 01:29:59.980] 512-646-1984. [01:29:59.980 --> 01:30:02.980] Christ fed the multitudes with only one loaf of bread. [01:30:02.980 --> 01:30:05.980] Poor people, there's something for you. [01:30:05.980 --> 01:30:07.980] Austin's Own Caribbean. [01:30:07.980 --> 01:30:08.980] One Love Kitchen. [01:30:08.980 --> 01:30:10.980] On the banks of Colorado River. [01:30:10.980 --> 01:30:13.980] At 3109 East 1st Street is where you'll find One Love Kitchen. [01:30:13.980 --> 01:30:16.980] Jerk chicken, vegetarian restaurant. [01:30:16.980 --> 01:30:19.980] Monday through Wednesday, lunch and dinner, $5.00. [01:30:19.980 --> 01:30:22.980] Friday and Saturday, we got late night with Emperor Sound Crew. [01:30:22.980 --> 01:30:24.980] Still, $5.00 place. [01:30:24.980 --> 01:30:31.980] Jerk chicken and vegetarian place to beat One Love Kitchen, Austin, Texas. [01:30:31.980 --> 01:30:37.980] Radio frequency identification, or RFID, is a technology that tracks things at a distance. [01:30:37.980 --> 01:30:40.980] When the things being monitored are fish, there can be surprising results. [01:30:40.980 --> 01:30:45.980] I'm Dr. Catherine Albrecht, and I'll reveal the downside to chipping salmon in just a moment. [01:30:45.980 --> 01:30:49.980] Your search engine is watching you, recording all your searches [01:30:49.980 --> 01:30:53.980] and creating a massive database of your personal information. [01:30:53.980 --> 01:30:56.980] That's creepy, but it doesn't have to be that way. [01:30:56.980 --> 01:30:59.980] Startpage.com is the world's most private search engine. [01:30:59.980 --> 01:31:02.980] Startpage doesn't store your IP address, make a record of your searches, [01:31:02.980 --> 01:31:05.980] or use tracking cookies, and they're third-party certified. [01:31:05.980 --> 01:31:10.980] If you don't like Big Brother spying on you, start over with Startpage. [01:31:10.980 --> 01:31:12.980] Great search results and total privacy. [01:31:12.980 --> 01:31:16.980] Startpage.com, the world's most private search engine. [01:31:16.980 --> 01:31:21.980] Birds that eat salmon from the Columbia River are getting an unwanted side order of chips. [01:31:21.980 --> 01:31:25.980] Fish and game workers have been injecting salmon with RFID tags since 1986 [01:31:25.980 --> 01:31:30.980] as a way to track them as they navigate the river's maze of hydroelectric dams. [01:31:30.980 --> 01:31:35.980] Birds can't digest the glass-encapsulated chips, so they excrete them with their droppings. [01:31:35.980 --> 01:31:38.980] Hundreds of thousands of the chips litter their nesting grounds, [01:31:38.980 --> 01:31:41.980] causing their island habitats to glisten in the sunlight. [01:31:41.980 --> 01:31:45.980] While the birds might find the glare annoying, they're reportedly not harmed by the scheme. [01:31:45.980 --> 01:31:49.980] But there's no word on how all that high-tech litter will get cleaned up [01:31:49.980 --> 01:31:51.980] or what impact it has on the environment. [01:31:51.980 --> 01:32:18.980] I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com. [01:32:18.980 --> 01:32:21.980] Okay, folks, we're back. [01:32:21.980 --> 01:32:23.980] Call board is sending out here, folks. [01:32:23.980 --> 01:32:29.980] So if you'd like to call in, 512-646-1984. [01:32:29.980 --> 01:32:31.980] We've got Michael from Maryland on the line. [01:32:31.980 --> 01:32:34.980] After that, the board is open, so call on in. [01:32:34.980 --> 01:32:36.980] Michael from Maryland, thanks for calling in. [01:32:36.980 --> 01:32:38.980] What is on your mind tonight? [01:32:38.980 --> 01:32:40.980] Good evening, folks. [01:32:40.980 --> 01:32:42.980] Quick question. [01:32:42.980 --> 01:32:46.980] So, Eddie, I heard you make a comment to one of the earlier callers, [01:32:46.980 --> 01:32:49.980] and I wanted to follow up on that. [01:32:49.980 --> 01:32:56.980] You seem to suggest that you told him not to go down a certain road, you might say, [01:32:56.980 --> 01:32:58.980] because that would be going to the merits. [01:32:58.980 --> 01:33:00.980] And I can't remember the exact expression that was used. [01:33:00.980 --> 01:33:06.980] It's a very common one with respect to, it wasn't abuse of process. [01:33:06.980 --> 01:33:07.980] It wasn't lack of due process. [01:33:07.980 --> 01:33:08.980] I can't remember what it was. [01:33:08.980 --> 01:33:09.980] Do you remember, Eddie? [01:33:09.980 --> 01:33:13.980] Yeah, he was talking about the officer not having jurisdiction to do what he was doing. [01:33:13.980 --> 01:33:17.980] Yeah, well, that's what concerned me, was that the specifics went to jurisdiction, [01:33:17.980 --> 01:33:21.980] and as I understand it, correct me if I'm wrong, [01:33:21.980 --> 01:33:28.980] but isn't their failure to show jurisdiction, especially when told that they must, [01:33:28.980 --> 01:33:35.980] you know, by the sovereign citizen, isn't that a due process issue, not a merits issue? [01:33:35.980 --> 01:33:37.980] Yes and no. [01:33:37.980 --> 01:33:41.980] Basically, when you start arguing, this is where you have to watch what you're doing, [01:33:41.980 --> 01:33:46.980] because you're walking a tightrope when you make that argument with the officer, and here's why. [01:33:46.980 --> 01:33:50.980] When you start arguing he didn't have jurisdiction to do a certain thing, [01:33:50.980 --> 01:33:55.980] you have to start arguing why he didn't have jurisdiction of specific parts [01:33:55.980 --> 01:33:58.980] of the Transportation Code to do what he did, [01:33:58.980 --> 01:34:03.980] why he didn't have specific jurisdiction under certain parts of the Code of Criminal Procedure [01:34:03.980 --> 01:34:08.980] in relation to those acts under the Transportation Code to do what he did. [01:34:08.980 --> 01:34:16.980] Once you start addressing the specifics of the Transportation Code, you are addressing merits. [01:34:16.980 --> 01:34:21.980] So you have to be real careful about how you're doing that. [01:34:21.980 --> 01:34:22.980] Okay. [01:34:22.980 --> 01:34:26.980] All right, well, anyway, maybe I misunderstood the context. [01:34:26.980 --> 01:34:28.980] I thought the context was in a courtroom, [01:34:28.980 --> 01:34:32.980] but I guess he was speaking of a roadside encounter then. [01:34:32.980 --> 01:34:37.980] Well, no, he's talking about challenging the jurisdiction of the officer with the court, [01:34:37.980 --> 01:34:41.980] but the problem is, is once you start addressing the merits in the court, [01:34:41.980 --> 01:34:46.980] you've waived personal jurisdiction to hear anything on the merits. [01:34:46.980 --> 01:34:48.980] That's the problem. [01:34:48.980 --> 01:34:53.980] You can argue merits with the cop on the side of the road all day, and it changes nothing, [01:34:53.980 --> 01:34:56.980] but when you do it with the judge in the court, [01:34:56.980 --> 01:35:03.980] you've waived the impersonal jurisdiction portion of the two jurisdictions the court must have in order to proceed. [01:35:03.980 --> 01:35:07.980] Right. Speaking of which, it's my understanding that as far as a general matter of law, [01:35:07.980 --> 01:35:12.980] if you live within the confines of a territory, whether that's the state of Maryland or Kansas, [01:35:12.980 --> 01:35:18.980] what have you, for all practical purposes, they have impersonal jurisdiction. [01:35:18.980 --> 01:35:20.980] Is that unfair or am I misreading something? [01:35:20.980 --> 01:35:24.980] They do not necessarily have impersonal jurisdiction. [01:35:24.980 --> 01:35:30.980] For instance, if a statute in general does not apply to the person being charged under the statute, [01:35:30.980 --> 01:35:35.980] they lack not only subject matter jurisdiction but impersonal [01:35:35.980 --> 01:35:40.980] because the person is not one held accountable with a duty under that law. [01:35:40.980 --> 01:35:45.980] I see. Now, going back to the other thing, you said it is a fine line, but how would, [01:35:45.980 --> 01:35:49.980] I mean, you're saying that once you get to that point of the argument [01:35:49.980 --> 01:35:56.980] that you're getting ready to jump from due process arguments over into arguing the merits, [01:35:56.980 --> 01:35:58.980] is that what you said? [01:35:58.980 --> 01:36:01.980] I said you need to be careful not to do that. [01:36:01.980 --> 01:36:02.980] Okay. [01:36:02.980 --> 01:36:08.980] Okay. On the part of the due process, you can argue that the officer arrested you without a warrant. [01:36:08.980 --> 01:36:10.980] That's not addressing the merits. [01:36:10.980 --> 01:36:15.980] You can argue that the officer used excessive force, that he lacked authority [01:36:15.980 --> 01:36:19.980] because of any of these things and so on and so forth. [01:36:19.980 --> 01:36:25.980] He was out of uniform, he was off duty, he was outside his jurisdiction, any of those things. [01:36:25.980 --> 01:36:31.980] But you cannot argue the officer lacked any authority whatsoever to issue me a speeding ticket [01:36:31.980 --> 01:36:34.980] regardless of how fast I was driving. [01:36:34.980 --> 01:36:37.980] Now you're arguing merits. [01:36:37.980 --> 01:36:41.980] Wow. Okay, that's surprising. [01:36:41.980 --> 01:36:44.980] Okay, I guess I really need to go back to the drawing board and re-study that. [01:36:44.980 --> 01:36:49.980] I do have jurisdictionary, so I guess I should find the part of jurisdictionary [01:36:49.980 --> 01:36:53.980] that covers that in greater detail and just go over it and over it until I've got it curled in my head. [01:36:53.980 --> 01:36:59.980] Right. Well, now do be aware now that jurisdictionary deals with civil. [01:36:59.980 --> 01:37:02.980] Criminal is slightly different in some of these cases. [01:37:02.980 --> 01:37:04.980] Okay. [01:37:04.980 --> 01:37:09.980] What constitutes merits under criminal does not seem to always apply [01:37:09.980 --> 01:37:13.980] from the arguments I've seen made under civil and vice versa. [01:37:13.980 --> 01:37:18.980] Well, in Maryland, anyway, civil is the ball game when it comes to traffic, so at least. [01:37:18.980 --> 01:37:19.980] Okay. [01:37:19.980 --> 01:37:21.980] At least with a few exceptions. [01:37:21.980 --> 01:37:22.980] Yeah. [01:37:22.980 --> 01:37:26.980] Any chance either of you have seen the – because I know you speak against [01:37:26.980 --> 01:37:33.980] and I share a certain healthy skepticism for the so-called patriot mythology, you know, [01:37:33.980 --> 01:37:34.980] arguments that come about. [01:37:34.980 --> 01:37:40.980] Have you by any chance seen the sovereignty education and defense website, whatever that is, [01:37:40.980 --> 01:37:44.980] SEDU.org, something like that? [01:37:44.980 --> 01:37:45.980] Have you seen that? [01:37:45.980 --> 01:37:46.980] No, can't say that I have. [01:37:46.980 --> 01:37:47.980] Okay, okay. [01:37:47.980 --> 01:37:48.980] Then I won't pursue it. [01:37:48.980 --> 01:37:50.980] I was just curious if you felt it held any water. [01:37:50.980 --> 01:37:57.980] And then the last question, in Maryland, anyway, we really do, I think, have the right to record [01:37:57.980 --> 01:38:02.980] a police officer, but as you may or may not have seen from the news, there was this one incident [01:38:02.980 --> 01:38:10.980] where this gentleman who was an off-duty, like, national guardsman happened to have a camera [01:38:10.980 --> 01:38:14.980] on his helmet and it was rolling at the time that a police officer pulled him over [01:38:14.980 --> 01:38:16.980] with excessive force, gun drawn, and it was absolutely – [01:38:16.980 --> 01:38:18.980] This is the one on the motorcycle? [01:38:18.980 --> 01:38:19.980] Yeah. [01:38:19.980 --> 01:38:20.980] Yes, I saw that. [01:38:20.980 --> 01:38:21.980] Yeah. [01:38:21.980 --> 01:38:28.980] But long story short, it is far from established in either direction whether the citizens do [01:38:28.980 --> 01:38:35.980] or do not have the right to hold the police, the public officials, to the same standards [01:38:35.980 --> 01:38:36.980] that they hold us. [01:38:36.980 --> 01:38:40.980] Well, what does the statute say about recording in the state of Maryland? [01:38:40.980 --> 01:38:42.980] Well, it's the wiretapping thing. [01:38:42.980 --> 01:38:48.980] They basically say that if you're videotaping – it's really not been determined, as far [01:38:48.980 --> 01:38:52.980] as I can tell, clearly, but to answer you directly, I mean, I have not actually gone [01:38:52.980 --> 01:38:54.980] to the statute and found that. [01:38:54.980 --> 01:38:56.980] I'm a little too busy working on the other – [01:38:56.980 --> 01:39:01.980] Well, yeah, that would be where the answer lies because you can do anything you want [01:39:01.980 --> 01:39:06.980] if there's not a statute preventing you, if there's not a statute making it illegal. [01:39:06.980 --> 01:39:07.980] Yeah. [01:39:07.980 --> 01:39:12.980] Now, here's the argument the guy made, I mean, and it's a very sensible argument. [01:39:12.980 --> 01:39:16.980] First off, he was in a public place, so not only do you have to look at the wiretapping [01:39:16.980 --> 01:39:21.980] statutes, you have to look on whether or not that statute applies in an obviously public [01:39:21.980 --> 01:39:27.980] place because the Supreme Court has said in a public place, no one has an expectation [01:39:27.980 --> 01:39:32.980] of privacy and recording is absolutely allowed. [01:39:32.980 --> 01:39:35.980] So that would apply in Maryland like anywhere else. [01:39:35.980 --> 01:39:41.980] And they didn't qualify between video and audio or no? [01:39:41.980 --> 01:39:42.980] No, they didn't. [01:39:42.980 --> 01:39:44.980] It's either it's allowed. [01:39:44.980 --> 01:39:49.980] If you're in a public place, there is no expectation of privacy, period, whether it be [01:39:49.980 --> 01:39:52.980] audible or visual. [01:39:52.980 --> 01:39:59.980] Now, in this other case, the gentleman on the motorcycle obviously had a camera mounted [01:39:59.980 --> 01:40:00.980] to his helmet. [01:40:00.980 --> 01:40:03.980] It was in plain view. [01:40:03.980 --> 01:40:09.980] The officer should be very aware there's a possibility that camera is on and rolling. [01:40:09.980 --> 01:40:11.980] Yeah. [01:40:11.980 --> 01:40:18.980] I had this recording in my head of a future encounter with a police officer who pulls [01:40:18.980 --> 01:40:22.980] me over for this, that, or the other infraction, and it's going to go something like this. [01:40:22.980 --> 01:40:28.980] You know, if you want to see my license and registration and anything's wrong with it, [01:40:28.980 --> 01:40:31.980] can you use it against me in a court of law? [01:40:31.980 --> 01:40:35.980] And he'll say yes, then I'll plead my right to not incriminate myself and to be safe in [01:40:35.980 --> 01:40:39.980] my house, papers, persons, and effect and challenge him to, for all practical purposes, [01:40:39.980 --> 01:40:44.980] not aggressively, but just put the ball in his court and say, you know, I'm going to [01:40:44.980 --> 01:40:49.980] be silent at this point, and I'm going to retain my right not to give you the papers [01:40:49.980 --> 01:40:53.980] that you're asking for, because as I understand the Constitution of both my state and the [01:40:53.980 --> 01:40:57.980] United States, I don't have to, and just see what they do. [01:40:57.980 --> 01:41:00.980] Obviously, they might take the initiative to haul me down to court, but... [01:41:00.980 --> 01:41:04.980] Actually, can I make a suggestion on the best thing to say in that case? [01:41:04.980 --> 01:41:05.980] I'm sorry? [01:41:05.980 --> 01:41:08.980] Can I make a suggestion as to what to say in that case? [01:41:08.980 --> 01:41:09.980] Say yes, please. [01:41:09.980 --> 01:41:15.980] When the officer tells you this and you respond that if it can be used against me, then I [01:41:15.980 --> 01:41:21.980] reserve my right to remain silent, follow that up with, do you intend to inflict harm [01:41:21.980 --> 01:41:26.980] or punishment upon me for acting upon my rights? [01:41:26.980 --> 01:41:28.980] I love it. [01:41:28.980 --> 01:41:29.980] I love it. [01:41:29.980 --> 01:41:32.980] That's great. [01:41:32.980 --> 01:41:33.980] That's classic. [01:41:33.980 --> 01:41:39.980] Because anything he does at that point can be seen as retaliatory for you exercising [01:41:39.980 --> 01:41:41.980] a right that you have. [01:41:41.980 --> 01:41:46.980] And I presume the next question after that would be, am I free to go? [01:41:46.980 --> 01:41:50.980] Well, let's see how the look in his face gets. [01:41:50.980 --> 01:41:54.980] If he stands there for a few seconds, then yeah, by all means, follow that up with, am [01:41:54.980 --> 01:41:56.980] I free to go? [01:41:56.980 --> 01:41:57.980] I'm sorry. [01:41:57.980 --> 01:41:59.980] What did you say was the tripwire? [01:41:59.980 --> 01:42:04.980] I said look at his face for a second and see just how long he stands there staring at you. [01:42:04.980 --> 01:42:09.980] If after a few seconds he says nothing, then ask him, am I free to go? [01:42:09.980 --> 01:42:10.980] I got you. [01:42:10.980 --> 01:42:11.980] That's beautiful. [01:42:11.980 --> 01:42:13.980] I love it. [01:42:13.980 --> 01:42:14.980] All right. [01:42:14.980 --> 01:42:15.980] Well, I'll let you go. [01:42:15.980 --> 01:42:16.980] And you know what? [01:42:16.980 --> 01:42:21.980] In my wildest fantasies, I'm going to go out and I'm going to buy all the glossy cards [01:42:21.980 --> 01:42:23.980] I can get my hands on. [01:42:23.980 --> 01:42:27.980] And I'm going to print out wool wall radio cards. [01:42:27.980 --> 01:42:30.980] And then I'm going to let you guys know I did it. [01:42:30.980 --> 01:42:35.980] And then you're going to send me all the names and addresses of everybody who needs one. [01:42:35.980 --> 01:42:38.980] I don't see that happening, but I would love to do that. [01:42:38.980 --> 01:42:39.980] That's sweet. [01:42:39.980 --> 01:42:40.980] Thank you, Michael. [01:42:40.980 --> 01:42:41.980] Okay. [01:42:41.980 --> 01:42:42.980] Well, you all have a great night. [01:42:42.980 --> 01:42:43.980] And I really appreciate all you do. [01:42:43.980 --> 01:42:44.980] All right. [01:42:44.980 --> 01:42:45.980] Thank you. [01:42:45.980 --> 01:42:46.980] Okay. [01:42:46.980 --> 01:42:47.980] Bye-bye. [01:42:47.980 --> 01:42:48.980] Bye. [01:42:48.980 --> 01:42:50.980] Okay, folks, our caller board is wide open right now. [01:42:50.980 --> 01:42:52.980] We've got one segment left. [01:42:52.980 --> 01:42:57.980] So if you'd like to call in 512-646-1984. [01:42:57.980 --> 01:43:04.980] Yeah, if anyone out there is listening to what we do on this show, then you know we're [01:43:04.980 --> 01:43:08.980] about providing a remedy to the problems we're facing. [01:43:08.980 --> 01:43:13.980] The only way we're going to do this, folks, is to fight back. [01:43:13.980 --> 01:43:18.980] If we sit back and let them continue with what they're doing, we should not be surprised [01:43:18.980 --> 01:43:23.980] when we get what they are foisting upon us, which is theft. [01:43:23.980 --> 01:43:25.980] It is fraud. [01:43:25.980 --> 01:43:34.980] It is outright, dishonest usurpation of an authority we did not give our public servants. [01:43:34.980 --> 01:43:36.980] So keep that in mind. [01:43:36.980 --> 01:43:40.980] If I had a public servant that wasn't doing the job I gave him properly, he would be out [01:43:40.980 --> 01:43:42.980] on his keister in a heartbeat. [01:43:42.980 --> 01:43:44.980] This is Rule of Law Radio. [01:43:44.980 --> 01:43:46.980] Eddie Craig, Deborah Stevens. [01:43:46.980 --> 01:43:48.980] We are going to break. [01:43:48.980 --> 01:43:51.980] We will be right back, 512-646-1984. [01:43:51.980 --> 01:43:52.980] Give us a call. [01:43:52.980 --> 01:44:00.980] Last segment coming up. [01:44:00.980 --> 01:44:01.980] More energy. [01:44:01.980 --> 01:44:03.980] Stronger immune power. [01:44:03.980 --> 01:44:06.980] Improved sense of well-being. [01:44:06.980 --> 01:44:10.980] How many supplements have you heard boast of these benefits? [01:44:10.980 --> 01:44:16.980] The team behind Shentrition believes that supplements should over-deliver on their promises. [01:44:16.980 --> 01:44:19.980] And Shentrition does just that. 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[01:45:05.980 --> 01:45:12.980] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course [01:45:12.980 --> 01:45:16.980] that will show you how in 24 hours, step-by-step. [01:45:16.980 --> 01:45:20.980] If you have a lawyer, know what your lawyer should be doing. [01:45:20.980 --> 01:45:24.980] If you don't have a lawyer, know what you should do for yourself. [01:45:24.980 --> 01:45:29.980] Thousands have won with our step-by-step course, and now you can too. [01:45:29.980 --> 01:45:35.980] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:35.980 --> 01:45:40.980] Even if you're not in a lawsuit, you can learn what everyone should understand about [01:45:40.980 --> 01:45:44.980] the principles and practices that control our American courts. [01:45:44.980 --> 01:45:50.980] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:50.980 --> 01:46:02.980] pro se tactics, and much more. Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [01:46:21.980 --> 01:46:27.980] If you could not wait any longer, would you purposefully die? [01:46:27.980 --> 01:46:33.980] Such a scoundrel and a soldier, a warrior of love, scouple and a key to the peace. [01:46:33.980 --> 01:46:38.980] All they're taking is a misunderstanding, and somebody calls the police. [01:46:38.980 --> 01:46:41.980] What's in the spotlight? [01:46:41.980 --> 01:46:47.980] What's in the spotlight? [01:46:50.980 --> 01:46:54.980] What's in the spotlight? [01:46:56.980 --> 01:47:00.980] What's in the spotlight? [01:47:03.980 --> 01:47:08.980] The friction isn't addiction, the hard work can leave you cold as nails. [01:47:08.980 --> 01:47:14.980] Impossibility, choice, tranquility, heavy loads of safety on scale. [01:47:14.980 --> 01:47:20.980] The time is colliding with circumstances, you run down after a while. [01:47:20.980 --> 01:47:25.980] It's not your moral standard, it's your patience that's on trial. [01:47:25.980 --> 01:47:27.980] What's in the spotlight? [01:47:27.980 --> 01:47:30.980] Alright folks, we're taking your calls. [01:47:32.980 --> 01:47:36.980] We are going to go now to Earl in Texas. He's a first-time caller. [01:47:36.980 --> 01:47:41.980] Earl, thank you for calling in. What is your question or comment for us tonight? [01:47:41.980 --> 01:47:44.980] Well, my question is this. [01:47:44.980 --> 01:47:49.980] I'm in Austin, Texas, and I've been up here for about a year, [01:47:49.980 --> 01:47:53.980] and I'm very aware of the New Great Bookstore downtown. [01:47:53.980 --> 01:48:00.980] I have some issues with that, and I've been listening to you for, I don't know, maybe a year, [01:48:00.980 --> 01:48:10.980] and you guys give me inspiration, and some of the things that he said tonight gives me hope. [01:48:10.980 --> 01:48:18.980] And anyway, about a year ago, February or March, I received a ticket. [01:48:18.980 --> 01:48:23.980] Hey Earl, Earl, you're in a real noisy location. Are you on a speaker phone or something? [01:48:23.980 --> 01:48:25.980] No, I'm on a cell phone. [01:48:25.980 --> 01:48:26.980] Okay. [01:48:26.980 --> 01:48:28.980] Are you outside by any chance, Earl? [01:48:28.980 --> 01:48:31.980] I'm outside driving the car, yes sir. [01:48:31.980 --> 01:48:35.980] Okay, just if you got your window down or something, please try to cut the wind noise a little bit. [01:48:35.980 --> 01:48:38.980] Yeah, we're having a real hard time understanding what you're saying. [01:48:38.980 --> 01:48:41.980] Okay, no problem. I just rolled it up. [01:48:41.980 --> 01:48:42.980] Okay. [01:48:42.980 --> 01:48:50.980] Anyway, I received a ticket, and it was for no insurance, no registration. I have a driver's license. [01:48:50.980 --> 01:48:57.980] I've stayed out of the system for quite a long time, but for some reason I always end up in the system [01:48:57.980 --> 01:49:04.980] and that's going back to Hawaii, California, Arizona, and all the different states that I've lived in. [01:49:04.980 --> 01:49:12.980] I've been up here in Austin for about a year, and I actually, sometime around August, no, no, no, wait a minute, [01:49:12.980 --> 01:49:20.980] April or May I was going down to the new Brave bookstore and making inquiries because I knew the case was coming up. [01:49:20.980 --> 01:49:27.980] I have no insurance, no registration, no safety, and I do have a valid driver's license, [01:49:27.980 --> 01:49:37.980] and basically I didn't have the money to fight it or the knowledge. [01:49:37.980 --> 01:49:54.980] All I know is I wish to be cloned by you guys wherever you guys are at and to learn your proceedings. [01:49:54.980 --> 01:50:03.980] So basically I was arrested, I think, I don't know, January or February, and I went to jail in Austin, [01:50:03.980 --> 01:50:09.980] and I was released the same night, and it's going to go to warrants again. [01:50:09.980 --> 01:50:12.980] Wait, wait, wait, Earl, Earl, we're having a hard time understanding what you're saying. [01:50:12.980 --> 01:50:18.980] Can you try to get to a quieter location? Is your window down again or something? [01:50:18.980 --> 01:50:28.980] No, no, no, hold on. Yeah, the window is down on the other side. It's up now. Hold on. [01:50:28.980 --> 01:50:31.980] Okay, can you hear me good now? [01:50:31.980 --> 01:50:36.980] Yeah, we hear you. It's a little better, yeah. Maybe you can pull over or something. [01:50:36.980 --> 01:50:39.980] Okay, I will be pulling over in a minute. Okay. [01:50:39.980 --> 01:50:46.980] Anyway, I admire you guys, and I just want to promote you guys, [01:50:46.980 --> 01:50:53.980] and I stand up for what you guys are saying because it feels natural to my soul, [01:50:53.980 --> 01:51:02.980] and I need to learn how to defend myself under this system that we're under, [01:51:02.980 --> 01:51:11.980] and I'm sure that my case, I was arrested sometime in February, January of this year, [01:51:11.980 --> 01:51:20.980] went to jail for a short period of time, which was probably from about 11 o'clock to 11 o'clock at night, 12 hours. [01:51:20.980 --> 01:51:27.980] I'm eventually going to have, it's going to go to warrants. I haven't been able to take care of that, [01:51:27.980 --> 01:51:33.980] but by learning your system, I'm hoping to be able to protect myself. [01:51:33.980 --> 01:51:40.980] I'm just, I'm amazed that I actually got through the first time. It's the first time caller. [01:51:40.980 --> 01:51:42.980] Well, thank you for calling in, Earl. [01:51:42.980 --> 01:51:46.980] Where are you guys located? I mean, I want to meet people like you. [01:51:46.980 --> 01:51:53.980] Well, Eddie has a, Eddie has been, Eddie is going to be doing a seminar every Saturday at Brave New Books [01:51:53.980 --> 01:51:56.980] from 3 to 6 p.m. from now until the end of the year. [01:51:56.980 --> 01:51:57.980] What is your name? [01:51:57.980 --> 01:51:59.980] I'm Deborah, Deborah Stevens. [01:51:59.980 --> 01:52:09.980] Deborah, I have an issue. My name is Earl Shelton, okay, and I don't want to run online. [01:52:09.980 --> 01:52:11.980] Well, maybe you could send me an email. [01:52:11.980 --> 01:52:16.980] Because this show is for folks that have legal questions and we try to help educate folks. [01:52:16.980 --> 01:52:21.980] If you have something else that you'd like to communicate to me, you can send me an email. [01:52:21.980 --> 01:52:23.980] Go to ruleoflawradio.com. [01:52:23.980 --> 01:52:26.980] I've been barred from new Brave Book stores. [01:52:26.980 --> 01:52:33.980] I can't help you with that. That's, I have, we are not part of Brave New Books. [01:52:33.980 --> 01:52:38.980] Okay, but you're having a seminar down there, and basically what I'm saying is if you look at my name, [01:52:38.980 --> 01:52:45.980] my name is Earl Shelton. I've actually called Alex Jones radio station a few times and... [01:52:45.980 --> 01:52:50.980] Well, what I'm saying is that it's Harlan's bookstore, it's Harlan and Steve's bookstore, [01:52:50.980 --> 01:52:54.980] and if they've banned you from their bookstore, I can't do anything about that. [01:52:54.980 --> 01:52:59.980] Okay, I understand that. They're very suspicious about me. I mean, I'm 44 now. [01:52:59.980 --> 01:53:03.980] Okay, well look, can you, maybe you could send them an email or send us an email, [01:53:03.980 --> 01:53:05.980] but really there's nothing I can do about that. [01:53:05.980 --> 01:53:08.980] We need to go to other callers now because we're running out of time, [01:53:08.980 --> 01:53:11.980] and these kinds of issues, we can't really help them. [01:53:11.980 --> 01:53:12.980] I will send you an email. [01:53:12.980 --> 01:53:17.980] Okay, thanks, Earl. Okay, yeah, that is Harlan and Steve's bookstore. [01:53:17.980 --> 01:53:20.980] So we can't, if somebody has been banned from their bookstore, [01:53:20.980 --> 01:53:25.980] we can't invite that person into our seminar because it's their property. [01:53:25.980 --> 01:53:29.980] I mean, they've been gracious enough to allow us to offer seminars there, [01:53:29.980 --> 01:53:30.980] but it's still their property. [01:53:30.980 --> 01:53:36.980] Okay, we are going now to anonymous. [01:53:36.980 --> 01:53:40.980] Anonymous, thank you for calling in. What is on your mind tonight? [01:53:40.980 --> 01:53:45.980] Well, I'm an ecclesiastical and I was wondering what kind of authority [01:53:45.980 --> 01:53:53.980] the civil authorities try to pull over on ecclesiastics. [01:53:53.980 --> 01:53:54.980] I'm not sure I understand the question. [01:53:54.980 --> 01:53:56.980] Eddie, do you understand the question? [01:53:56.980 --> 01:54:03.980] They're trying, he's referring to what religious authority versus statutory [01:54:03.980 --> 01:54:06.980] or any other type of authority I'm presuming. Is that correct? [01:54:06.980 --> 01:54:09.980] Yeah, for instance, I got an ecclesiastical driver's license, [01:54:09.980 --> 01:54:13.980] and how do I protect myself from the civil authorities? [01:54:13.980 --> 01:54:16.980] Well, you're going to have to do it the same way the rest of us do, [01:54:16.980 --> 01:54:20.980] which is one, what makes you think you have to have a license, [01:54:20.980 --> 01:54:25.980] two, where's the law that shows it, three, does that law apply to you to begin with? [01:54:25.980 --> 01:54:30.980] The whole purpose of my seminar material is to show you exactly the answer [01:54:30.980 --> 01:54:36.980] to all of those things, and they're all no. [01:54:36.980 --> 01:54:41.980] Yeah, but without them calling back up, what's the best? [01:54:41.980 --> 01:54:47.980] I hand them a public servants questionnaire. [01:54:47.980 --> 01:54:49.980] Okay, well, here's the problem. [01:54:49.980 --> 01:54:54.980] Nothing you or I do while we're standing in front of them on the side of the road [01:54:54.980 --> 01:54:57.980] is going to alter what they think they can do. [01:54:57.980 --> 01:55:02.980] The only way we're going to solve this problem is to go to the root of the problem. [01:55:02.980 --> 01:55:10.980] We can't be angry with the fruit because it was produced by a rotten tree, okay? [01:55:10.980 --> 01:55:15.980] So we have to fix the tree or we have to chop it down, one of the two, [01:55:15.980 --> 01:55:22.980] and in this case we're dealing with a legislature that doesn't understand its job [01:55:22.980 --> 01:55:25.980] and it doesn't understand why it was created, [01:55:25.980 --> 01:55:33.980] and we the people need to remind them, and they in turn will then remind the fruit, [01:55:33.980 --> 01:55:40.980] the fruit being the law enforcement and the courts. [01:55:40.980 --> 01:55:44.980] So on a traffic stop, what's my best? [01:55:44.980 --> 01:55:50.980] Know your rights and stand upon them, but don't do it in a way that gets you tased or shot. [01:55:50.980 --> 01:55:54.980] That's usually what happens. [01:55:54.980 --> 01:55:59.980] Well, that's the purpose of these seminars is to teach you what to do [01:55:59.980 --> 01:56:04.980] and how to do it so that doesn't happen. [01:56:04.980 --> 01:56:10.980] Yeah, I think that you're going to have to fight it the same way as the rest of us. [01:56:10.980 --> 01:56:22.980] You may want to get Eddie's traffic seminar or start off by going to his mini seminars at Brave New Books. [01:56:22.980 --> 01:56:27.980] Well, I heard him say, what's the emergency and how can I help? [01:56:27.980 --> 01:56:28.980] Next question. [01:56:28.980 --> 01:56:32.980] Right, right. [01:56:32.980 --> 01:56:33.980] Next question was... [01:56:33.980 --> 01:56:34.980] Am I under arrest? [01:56:34.980 --> 01:56:36.980] And then am I free to go? [01:56:36.980 --> 01:56:37.980] Am I free to go? [01:56:37.980 --> 01:56:40.980] But you'll need to know a lot more than that. [01:56:40.980 --> 01:56:43.980] Yeah, once you get beyond that, there's a whole other series of things [01:56:43.980 --> 01:56:47.980] once you start trying to fight what they're doing in court. [01:56:47.980 --> 01:56:50.980] Listen, Anonymous, why don't you call back in on Thursday, [01:56:50.980 --> 01:56:53.980] because I want to try to squeeze in one more call. [01:56:53.980 --> 01:56:54.980] We're almost at the end of the show. [01:56:54.980 --> 01:56:55.980] Okay, thank you. [01:56:55.980 --> 01:56:56.980] All right, thanks. [01:56:56.980 --> 01:56:57.980] All right, we're going to Tony in Illinois. [01:56:57.980 --> 01:57:00.980] We've got exactly two minutes left, Tony, quickly. [01:57:00.980 --> 01:57:09.980] All right, would it be advisable for that gentleman from New York to look in the code of judicial procedure? [01:57:09.980 --> 01:57:11.980] You're talking about Walt? [01:57:11.980 --> 01:57:12.980] Yeah, I think it was. [01:57:12.980 --> 01:57:14.980] Yes, he needs to learn the rules of court. [01:57:14.980 --> 01:57:18.980] He needs to learn the judicial canons. [01:57:18.980 --> 01:57:22.980] He needs to understand the whole way the system works there in New York [01:57:22.980 --> 01:57:25.980] and look up codes of criminal procedure and all of that, [01:57:25.980 --> 01:57:28.980] and of course it's going to be very difficult for him to do without a computer. [01:57:28.980 --> 01:57:33.980] And whether or not it's the judicial code you're referring to being the proper reference, [01:57:33.980 --> 01:57:37.980] that depends on whether or not that deals just with the conduct of the judiciary [01:57:37.980 --> 01:57:43.980] or if it deals with the actual process criminally or civilly as it progresses through the system. [01:57:43.980 --> 01:57:48.980] So without looking at it, we won't be able to tell you whether or not that's the correct code or not, [01:57:48.980 --> 01:57:51.980] but it may be a good place to start. [01:57:51.980 --> 01:57:58.980] What is the exact law regarding open carry in the state of Texas? [01:57:58.980 --> 01:58:01.980] You can't have open carry in the state of Texas, unfortunately. [01:58:01.980 --> 01:58:02.980] Can you believe it? [01:58:02.980 --> 01:58:04.980] It specifically says that. [01:58:04.980 --> 01:58:05.980] You can't do that. [01:58:05.980 --> 01:58:10.980] Open carry is not legal in the state of Texas unless there's some kind of license law enforcement. [01:58:10.980 --> 01:58:16.980] You can get a concealed carry permit, but you cannot do open carry without a special open carry permit. [01:58:16.980 --> 01:58:20.980] It's perfectly constitutional, but yeah, it's not legal the way they do it. [01:58:20.980 --> 01:58:24.980] You can't have a license to either open carry or concealed carry in Texas, [01:58:24.980 --> 01:58:28.980] and normal citizens cannot get open carry permits. [01:58:28.980 --> 01:58:30.980] Unfortunately, it's ridiculous. [01:58:30.980 --> 01:58:33.980] You can't open carry, period, whether you have a license or not. [01:58:33.980 --> 01:58:37.980] Well, no, obviously that's not true because law enforcement open carries. [01:58:37.980 --> 01:58:39.980] What about regular citizens? [01:58:39.980 --> 01:58:42.980] No, regular citizens, you have to get special open carry permits. [01:58:42.980 --> 01:58:45.980] If you have a concealed, you can open carry with a concealed. [01:58:45.980 --> 01:58:47.980] I'm not so sure about that. [01:58:47.980 --> 01:58:48.980] We'll have to look that up. [01:58:48.980 --> 01:58:52.980] It's redundant. You can do either with a permit. [01:58:52.980 --> 01:58:56.980] Well, I haven't seen anybody open carrying around here, but I sure would like to. [01:58:56.980 --> 01:59:19.980] We'll be back on Thursday night. [01:59:26.980 --> 01:59:31.980] I'm like a stepping razor, don't watch my side. [01:59:31.980 --> 01:59:35.980] I'm dangerous, I'm dangerous. [01:59:35.980 --> 01:59:39.980] I'm like a chopping razor, don't watch my side. [01:59:39.980 --> 01:59:42.980] I'm dangerous, dangerous. [01:59:42.980 --> 01:59:57.980] I'm dangerous, dangerous.