[00:00.000 --> 00:10.000]  Your listening to The Liberty Beat, your daily source for Liberty news and activist updates,
[00:10.000 --> 00:15.000]  online at TheLibertyBeat.com.
[00:15.000 --> 00:20.000]  Don Bush here with your Liberty Beat for Monday, September 30th, 2013.
[00:20.000 --> 00:29.000]  Gold open today at $1,322, silver at $21.68, and bitcoin and trading at $127.
[00:29.000 --> 00:34.000]  Support for The Liberty Beat comes from Brave New Books, Austin's only brick-and-mortar store,
[00:34.000 --> 00:36.000]  pairing pain and tangerine 2.0.
[00:36.000 --> 00:38.000]  Online at BraveNewBookstore.com.
[00:38.000 --> 00:44.000]  And from Cabo Bob's, the first high-fructose corn syrup-free quick-serve restaurant in the country,
[00:44.000 --> 00:49.000]  serving Baja California-style burritos and non-GMO corn tortillas and chips.
[00:49.000 --> 00:54.000]  In Austin at 500 East Bend White Boulevard or online at Cabobobs.com.
[00:54.000 --> 00:56.000]  And now, the news.
[00:56.000 --> 01:00.000]  A federal government shutdown is expected tonight if the U.S. House, Senate,
[01:00.000 --> 01:05.000]  and White House cannot reach an agreement on a bill to fund federal operations.
[01:05.000 --> 01:10.000]  House Republicans passed a version of the budget that repeals a 2.3% tax on medical devices
[01:10.000 --> 01:14.000]  and delays the rollout of Obamacare by a year.
[01:14.000 --> 01:17.000]  Senate Democrats have vowed to reject the House version of the budget,
[01:17.000 --> 01:20.000]  and if a compromise cannot be made by midnight tonight,
[01:20.000 --> 01:23.000]  the federal government will face what is called a shutdown.
[01:23.000 --> 01:28.000]  A federal government shutdown, which has happened 17 times since the Feds have used the current budget process,
[01:28.000 --> 01:32.000]  involves withholding pay from many federal government employees,
[01:32.000 --> 01:37.000]  closing national parks, and not doling out government-backed mortgages, among other things.
[01:37.000 --> 01:41.000]  Many statists are nervous that the country will come crashing down in the event of a government shutdown,
[01:41.000 --> 01:45.000]  while anarchists and libertarians are excited at the opportunity to show that,
[01:45.000 --> 01:51.000]  federal funding or not, the world goes on.
[01:51.000 --> 01:56.000]  A new stateless method of emergency protection is currently being developed by Peacekeeper founder Cody Drummond.
[01:56.000 --> 02:01.000]  The Peacekeeper Emergency Response app relies on a network of caring neighbors and friends
[02:01.000 --> 02:03.000]  instead of strangers in government.
[02:03.000 --> 02:06.000]  The app works by connecting communities through a common network,
[02:06.000 --> 02:12.000]  then giving individuals and families the ability to report emergencies like fires, natural disasters, or break-ins.
[02:12.000 --> 02:16.000]  In the event of an emergency, an alert message is sent out to everyone on the network,
[02:16.000 --> 02:20.000]  and neighbors and friends have the opportunity to respond by letting the group know they are on their way to help.
[02:20.000 --> 02:26.000]  Here's what Cody Drummond recently told Peace News Now about why he is spearheading the creation of the Peacekeeper app.
[02:26.000 --> 02:32.000]  I wanted people to have more independence from government institutions,
[02:32.000 --> 02:37.000]  because I think that relying on government institutions can be very damaging and dangerous.
[02:37.000 --> 02:43.000]  The app is currently in development, and an Indiegogo campaign is underway to raise monies to complete the operation.
[02:43.000 --> 02:50.000]  The campaign ends October 7th, and organizers are over 10% away from reaching their fundraising goal of $21,000.
[02:50.000 --> 02:54.000]  For more information or to donate, visit peacekeeper.org.
[02:54.000 --> 03:16.000]  Support for The Liberty Beat comes from Carmacazi Productions, the production house bringing you Sovereign Living the show.
[03:16.000 --> 03:24.000]  Really, man, come on, six o'clock news says somebody's been shot, somebody's been abused,
[03:24.000 --> 03:30.000]  somebody blew up their building, somebody stole their car, somebody got away,
[03:30.000 --> 03:38.000]  somebody didn't get too far, yeah, they didn't get too far.
[03:38.000 --> 03:47.000]  Grandpappy told my pappy back in my day, son, a man had the answer for the ways that he'd done.
[03:47.000 --> 03:53.000]  Take all the rope in Texas, find a tall old tree, round up all of them bad boys,
[03:53.000 --> 04:01.000]  hang them high in the street, for all the people to see.
[04:01.000 --> 04:05.000]  That justice is the one thing you should always find,
[04:05.000 --> 04:09.000]  you've got to saddle up your boys, you've got to draw a hard line.
[04:09.000 --> 04:13.000]  When the guns won't settle, we'll sing a victory tune,
[04:13.000 --> 04:17.000]  and we'll all be back at the local saloon.
[04:17.000 --> 04:22.000]  We'll raise up our glasses against evil forces singing,
[04:22.000 --> 04:33.000]  whiskey for my men, beer for my horses.
[04:33.000 --> 04:38.000]  We've got too many gangsters doing dirty deeds,
[04:38.000 --> 04:41.000]  too much corruption and crime in the streets.
[04:41.000 --> 04:45.000]  Stand the long arm of the law, put a few more in the ground,
[04:45.000 --> 04:51.000]  run them all to the maker and he'll settle them down.
[04:51.000 --> 04:55.000]  You can bet he'll settle them down.
[04:55.000 --> 04:59.000]  That justice is the one thing you should always find,
[04:59.000 --> 05:03.000]  you've got to saddle up your boys, you've got to draw a hard line.
[05:03.000 --> 05:07.000]  When the guns won't settle, we'll sing a victory tune,
[05:07.000 --> 05:11.000]  and we'll all be back at the local saloon.
[05:11.000 --> 05:16.000]  We'll raise up our glasses against evil forces saying,
[05:16.000 --> 05:41.000]  whiskey for my men, beer for my horses.
[05:41.000 --> 05:45.000]  You know justice is the one thing you should always find,
[05:45.000 --> 05:49.000]  you've got to saddle up your boys, you've got to draw a hard line.
[05:49.000 --> 05:53.000]  When the guns won't settle, we'll sing a victory tune,
[05:53.000 --> 05:58.000]  and we'll all be back at the local saloon.
[05:58.000 --> 06:02.000]  We'll raise up our glasses against evil forces saying,
[06:02.000 --> 06:08.000]  whiskey for my men, beer for my horses.
[06:08.000 --> 06:12.000]  My pre-trial down at the Austin Municipal Court,
[06:12.000 --> 06:16.000]  and the judge I was in front of, Judge Alfred Jenkins,
[06:16.000 --> 06:24.000]  I swear if this man graduated college reading like he does,
[06:24.000 --> 06:29.000]  man, I feel bad for the inner city school systems,
[06:29.000 --> 06:34.000]  because I know five-year-olds that read better than this,
[06:34.000 --> 06:38.000]  and his thinking skills are way off kilter quite a bit too,
[06:38.000 --> 06:42.000]  which you will hear when I ask him specifically about the order,
[06:42.000 --> 06:44.000]  you're going to hear him defend what he's doing
[06:44.000 --> 06:48.000]  by saying the way I read Texas law is.
[06:48.000 --> 06:51.000]  But we're not reading law, we're reading a remand order from the
[06:51.000 --> 06:56.000]  county court who told you to do A, B, C, and D.
[06:56.000 --> 07:01.000]  You are dead set on doing D and only D and ignoring everything else
[07:01.000 --> 07:07.000]  because you want off that bench as fast as you can go.
[07:07.000 --> 07:09.000]  Now, listen carefully.
[07:09.000 --> 07:11.000]  I did not pull any punches.
[07:11.000 --> 07:13.000]  I was not a nice guy.
[07:13.000 --> 07:17.000]  In fact, how I avoided jail is kind of a mystery.
[07:17.000 --> 07:21.000]  But to say the very least, we'll play this now.
[07:21.000 --> 07:25.000]  Can we cue that up, please?
[07:25.000 --> 07:41.000]  All right, please.
[07:41.000 --> 08:09.000]  All right.
[08:09.000 --> 08:14.000]  And I'm ready.
[08:14.000 --> 08:15.000]  Okay.
[08:15.000 --> 08:21.000]  This is cause number 7672068, the state of Texas,
[08:21.000 --> 08:23.000]  versus Eddie Craig.
[08:23.000 --> 08:29.000]  Upon remand from the county court, it's been required,
[08:29.000 --> 08:37.000]  it's read that we actually make the judgment what the jury said.
[08:37.000 --> 08:39.000]  So that's what we're going to do right now.
[08:39.000 --> 08:46.000]  It says that on this, the 8th day of February,
[08:46.000 --> 08:53.000]  2012 at the far time of the court, the court came and came then and
[08:53.000 --> 09:01.000]  above going to be heard and the defendant was present in court and
[09:01.000 --> 09:09.000]  that's ready for trial, said Nicole, and thereupon a jury of one and five
[09:09.000 --> 09:19.000]  others, Louis Sleighton, in panel, and sworn, and the comment herein,
[09:19.000 --> 09:24.000]  having been read to the defendant in the presence of the jury,
[09:24.000 --> 09:32.000]  he entered a plea of not guilty in open court, said Nicole,
[09:32.000 --> 09:36.000]  and having read the evidence submitted, comma,
[09:36.000 --> 09:39.000]  and having been duly charged by the court, comma,
[09:39.000 --> 09:47.000]  after having heard argument, comma, the jury returned into the court
[09:47.000 --> 09:56.000]  in due form, the following verdict, code, comma,
[09:56.000 --> 10:03.000]  we the jury find the defendant, Eddie Craig, guilty of speeding
[10:03.000 --> 10:09.000]  by the state highways as charged in the complaint, period, comma.
[10:09.000 --> 10:17.000]  That was the error.
[10:17.000 --> 10:23.000]  That was what the county court wanted to have corrected.
[10:23.000 --> 10:30.000]  In the original judgment, it said not guilty of speeding state
[10:30.000 --> 10:32.000]  highways as charged in the complaint.
[10:32.000 --> 10:36.000]  Judge, if I may, there's something else that's also incorrect in that,
[10:36.000 --> 10:38.000]  and I'd like to object to it at this time.
[10:38.000 --> 10:43.000]  At this point, all I'm pointing to deal with is a narrow motion,
[10:43.000 --> 10:49.000]  well, the remandable of the Judge Phillips who dealt with that.
[10:49.000 --> 10:58.000]  Understand, any further objection or errors can be taken,
[10:58.000 --> 11:04.000]  well, I don't need to give you legal advice, nor am I allowed to.
[11:04.000 --> 11:05.000]  Yes, sir, I understand.
[11:05.000 --> 11:08.000]  But the point being that the error is what got it sent back in the first place,
[11:08.000 --> 11:09.000]  and there are two.
[11:09.000 --> 11:13.000]  Not only was the judgment incorrect as far as the verdict of guilt,
[11:13.000 --> 11:22.000]  but that order also states that I offered a plea, and I did not.
[11:22.000 --> 11:26.000]  You entered that plea on the record, and I want that averted for the record.
[11:26.000 --> 11:31.000]  I never entered a plea of any kind before this court, any place, any time.
[11:31.000 --> 11:36.000]  That's for the judge to determine or to see,
[11:36.000 --> 11:38.000]  the common court judge to see in the records.
[11:38.000 --> 11:40.000]  It's clear.
[11:40.000 --> 11:41.000]  Well, not according to what you read.
[11:41.000 --> 11:46.000]  What you read said I entered a plea in open court, and I did not.
[11:46.000 --> 11:49.000]  Therefore, I want the record corrected to reflect that.
[11:49.000 --> 11:53.000]  The fact of the matter is, as I interpret state law,
[11:53.000 --> 11:57.000]  it says that the court shall enter a plea for you.
[11:57.000 --> 11:59.000]  If I will not enter one, that is correct.
[11:59.000 --> 12:14.000]  But again, that isn't what your order that you just read states.
[12:14.000 --> 12:26.000]  I know that the judge actually wants you to have the guilty verdict corrected.
[12:26.000 --> 12:37.000]  In your reading of the court's summary, did you understand?
[12:37.000 --> 12:40.000]  I'm talking to the prosecutors at this point.
[12:40.000 --> 12:48.000]  Did you understand that this time was the fact that Mr. Craig did not do a plea?
[12:48.000 --> 12:50.000]  Did you see that in the...
[12:50.000 --> 12:55.000]  No, Your Honor, I didn't understand that to be the purpose of the remand order.
[12:55.000 --> 12:56.000]  Okay.
[12:56.000 --> 12:59.000]  Let me take a moment and look at that, intend that,
[12:59.000 --> 13:03.000]  and we'll direct that issue at that point.
[13:03.000 --> 13:06.000]  Well, if I may just to make the point on it,
[13:06.000 --> 13:09.000]  the reason for my not entering a plea is I was not intending in any way,
[13:09.000 --> 13:14.000]  shape, or form to waive any form of personal jurisdiction or rights by doing so.
[13:14.000 --> 13:26.000]  That's clear.
[13:26.000 --> 13:29.000]  I assume we're off the record.
[13:29.000 --> 13:30.000]  I didn't get a chance to say it,
[13:30.000 --> 13:34.000]  but I'm assuming while he's here everything else is on the record.
[13:34.000 --> 13:35.000]  Everything that he says is on the record.
[13:35.000 --> 13:36.000]  Deborah, go ahead and pause it.
[13:36.000 --> 13:40.000]  If he says go off the record, I go off.
[13:40.000 --> 13:48.000]  Okay, now one of the things I want you to notice here is that he's left the courtroom at this time.
[13:48.000 --> 13:50.000]  He didn't tell them we were going off the record or anything.
[13:50.000 --> 13:51.000]  He just got up and left,
[13:51.000 --> 13:58.000]  and he asked the prosecutor if the prosecutor would support him in his reading of the order that said
[13:58.000 --> 14:05.000]  the only thing the county court wanted corrected was the conflict between the jury finding of guilty
[14:05.000 --> 14:09.000]  and the court's written order of not guilty.
[14:09.000 --> 14:17.000]  Well, let me read you what the order from the county court actually is and says.
[14:17.000 --> 14:19.000]  Opinion and judgment.
[14:19.000 --> 14:22.000]  Eddie E. Craig appeals his conviction for the offense of speeding.
[14:22.000 --> 14:25.000]  This conviction will be reversed,
[14:25.000 --> 14:31.000]  and the cause remanded to the trial court for further proceedings.
[14:31.000 --> 14:36.000]  That is the very first line in the county court's order.
[14:36.000 --> 14:38.000]  The conviction is reversed.
[14:38.000 --> 14:44.000]  In other words, we're going to do this whole trial again,
[14:44.000 --> 14:53.000]  and I am sending it back to you idiots to do the proper proceedings under that.
[14:53.000 --> 14:55.000]  Second paragraph.
[14:55.000 --> 15:00.000]  It is not clear whether the state has filed a brief in this case.
[15:00.000 --> 15:06.000]  None can be found in the county clerk's office, but the appellate has filed a reply brief.
[15:06.000 --> 15:08.000]  That's me, by the way.
[15:08.000 --> 15:15.000]  In that brief, he says that it is responsive to city state's brief served on Craig as of August 15th,
[15:15.000 --> 15:19.000]  which shows a file stamp date of August 9th.
[15:19.000 --> 15:26.000]  So Mr. Craig was served with a brief with a file mark on it that does not appear to be found in the clerk's office.
[15:26.000 --> 15:34.000]  That confusion will no doubt be cleared up if this case progresses beyond today's opinion.
[15:34.000 --> 15:37.000]  Now, just so I can refresh your memory here,
[15:37.000 --> 15:44.000]  what happened was we filed our motion in the appellate court, our appeal brief.
[15:44.000 --> 15:47.000]  We waited for state to respond.
[15:47.000 --> 15:50.000]  State never responded by filing it in the court.
[15:50.000 --> 16:00.000]  They somehow managed to get a county court file stamp and sent a copy to me with a file stamp,
[16:00.000 --> 16:06.000]  but there was never one from the city put into the county court record.
[16:06.000 --> 16:11.000]  Now, that's tampering with a record no matter how you look at it,
[16:11.000 --> 16:15.000]  but this judge seems to be ignoring that, the county court at law judge, Phillips.
[16:15.000 --> 16:22.000]  He's ignoring that, and he thinks that maybe, just maybe, we won't have to deal with that if it comes back again.
[16:22.000 --> 16:25.000]  Now, third paragraph.
[16:25.000 --> 16:34.000]  There does not appear to be a valid judgment in this case, and it will be remanded to the trial court for the entry of a proper judgment.
[16:34.000 --> 16:36.000]  Ah, we're about to go to break.
[16:36.000 --> 16:37.000]  All right, folks, y'all hang on.
[16:37.000 --> 16:42.000]  I will finish the recording and this reading up when we get back on the other side, so we'll be right back.
[16:42.000 --> 16:45.000]  This is Eddie Craig, Rule of Law Radio, Monday Night Traffic Show.
[16:45.000 --> 16:47.000]  Y'all hang on, listen in.
[16:47.000 --> 16:51.000]  Oh, and I do apologize for that moment of silence or the couple minutes of silence at the beginning,
[16:51.000 --> 16:53.000]  but we'll see if we can't make that up along the way.
[16:53.000 --> 17:00.000]  We'll be right back, so y'all hang on.
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[19:01.000 --> 19:05.000]  You are listening to the Logos Radio Network.
[19:05.000 --> 19:11.000]  The LogosRadioNetwork.com
[19:11.000 --> 19:33.000]  The LogosRadioNetwork.com
[19:41.000 --> 19:45.000]  All right, folks.
[19:45.000 --> 19:46.000]  We are back.
[19:46.000 --> 19:51.000]  Now, again, at the beginning of the show, I'll see if I can't catch up on that.
[19:51.000 --> 19:58.000]  The recording you're listening to is the sound of my pretrial down at the Austin Municipal Court.
[19:58.000 --> 20:09.000]  And the judge I was in front of, Judge Alfred Jenkins, who could not, for the life of me,
[20:09.000 --> 20:13.000]  figure out the best way to get off that bench with the least bruises, it seems,
[20:13.000 --> 20:18.000]  because he was doing everything possible to hotfoot it off that bench.
[20:18.000 --> 20:23.000]  And as you're listening to the recording, you'll see that I wasn't having none of that.
[20:23.000 --> 20:29.000]  I told him the things that were wrong and the things that needed to be fixed, and he continues to ignore me.
[20:29.000 --> 20:34.000]  And so he's now left the courtroom at this point in the recording to go do something.
[20:34.000 --> 20:42.000]  Now, what I'm betting he did was either go ask for advice on how not to screw up anymore,
[20:42.000 --> 20:47.000]  or he tried to call the county court judge who told him, yeah, I'll do this and do this,
[20:47.000 --> 20:53.000]  who probably didn't go back and read his own order to verify everything that was supposed to happen.
[20:53.000 --> 21:03.000]  But either way, what the order actually says and what was actually done and corrected are not even close.
[21:03.000 --> 21:09.000]  Now, the order, as I was reading, specifically demands this case for full proceedings,
[21:09.000 --> 21:15.000]  not partial proceedings, full proceedings, because it reversed the judgment.
[21:15.000 --> 21:21.000]  And when it reversed the judgment, they're required to do it again.
[21:21.000 --> 21:25.000]  Well, that's what we went in there planning to have happen.
[21:25.000 --> 21:34.000]  Instead, Jenkins violated once again my right of due process by refusing to allow me to take the stand
[21:34.000 --> 21:42.000]  and testify under oath to get specific facts and evidence on the record for this second trial.
[21:42.000 --> 21:44.000]  He refused.
[21:44.000 --> 21:51.000]  And the moment he realized I was going to do that, now there was no way to keep him in that courtroom.
[21:51.000 --> 21:55.000]  He was getting out of there no matter what.
[21:55.000 --> 22:00.000]  So what I'm doing here is I've finished reading the first two paragraphs of the order,
[22:00.000 --> 22:03.000]  so I'm going to start the third paragraph again.
[22:03.000 --> 22:06.000]  There does not appear to be a valid judgment in this case,
[22:06.000 --> 22:11.000]  and it will be remanded to the trial court for the entry of a proper judgment.
[22:11.000 --> 22:18.000]  The reason that the judgment is invalid is that it says that it is a judgment of guilty based on a not guilty verdict.
[22:18.000 --> 22:24.000]  It is axiomatic that a guilty judgment must be based on a guilty verdict.
[22:24.000 --> 22:29.000]  Indeed, there is a guilty verdict in the clerk's record on appeal.
[22:29.000 --> 22:34.000]  Incredibly, it appears that the forms provided to the judge in the trial court for judgments
[22:34.000 --> 22:41.000]  after jury trial both contain the phrase, we the jury find the defendant not guilty.
[22:41.000 --> 22:46.000]  One form then goes on to judge the defendant not guilty and the other guilty.
[22:46.000 --> 22:52.000]  This judgment in this case with its internal contradiction cannot stand and must be corrected.
[22:52.000 --> 22:58.000]  It is therefore ordered, adjudged, and decreed that the judgment of conviction of the Austin Municipal Court
[22:58.000 --> 23:03.000]  is reversed this 28th day of June 2013.
[23:03.000 --> 23:10.000]  Now remember, this guy sat on this for a year, okay, actually a year and a half.
[23:10.000 --> 23:19.000]  This case is remanded to the Austin Municipal Court for proceedings not in conflict with this decision.
[23:19.000 --> 23:24.000]  Well, everything they did was in conflict with this decision, everything.
[23:24.000 --> 23:27.000]  They refused to hold a proper pretrial proceeding.
[23:27.000 --> 23:32.000]  The judge's only intent was to read a corrected order into the record and leave,
[23:32.000 --> 23:38.000]  and the fact is that the order is still not correct.
[23:38.000 --> 23:49.000]  They are intentionally falsifying the record not only to deny me access to the trial court itself,
[23:49.000 --> 23:58.000]  but to attempt to deny me my right of appeal by objecting to the error in the order.
[23:58.000 --> 24:03.000]  Go figure, you'd think this judge was afraid of me or something.
[24:03.000 --> 24:07.000]  So that's kind of where we're at.
[24:07.000 --> 24:12.000]  Now this is the rendered order, the order rendered on,
[24:12.000 --> 24:18.000]  and it says Eddie Craig v. State of Texas' appeal from the City of Austin Municipal Court before J. David Phillips reversed.
[24:18.000 --> 24:22.000]  This cause came on to be heard on the transcript of the record of the court below,
[24:22.000 --> 24:28.000]  and the same being considered because it is the opinion of this court that there was an error in the court's judgment.
[24:28.000 --> 24:34.000]  It is ordered, adjudged, and decreed by the court that the judgment be reversed,
[24:34.000 --> 24:41.000]  that the appellee, meaning the city, pay all costs relating to this appeal,
[24:41.000 --> 24:46.000]  and that this decision be certified below for observance.
[24:46.000 --> 24:56.000]  Now what I don't have is a certification on this order by the county clerk, which is supposed to be here, but it's not.
[24:56.000 --> 25:02.000]  So we are once again going through round two in the Austin Municipal Court,
[25:02.000 --> 25:05.000]  and we're going to see whether or not we get a complete round,
[25:05.000 --> 25:10.000]  or if they're going to attempt to ambush me by referee sucker punch
[25:10.000 --> 25:18.000]  and prevent me from getting my second shot at trial since the judgment was completely reversed.
[25:18.000 --> 25:21.000]  But that's going to remain to be seen.
[25:21.000 --> 25:25.000]  Now with all that information in front of you, can we resume the clip please,
[25:25.000 --> 25:29.000]  and we'll be listening, waiting for the judge to reenter the courtroom
[25:29.000 --> 25:36.000]  and reignite his massive engine of stupidity.
[25:36.000 --> 25:41.000]  I didn't get a chance to say it, but I'm assuming while he's here, everything else is on the record.
[25:41.000 --> 25:43.000]  Everything that he says is on the record.
[25:43.000 --> 25:44.000]  He said?
[25:44.000 --> 25:46.000]  If he says go off the record, I go off the record.
[25:46.000 --> 25:47.000]  No, no, no.
[25:47.000 --> 25:51.000]  I'm just saying everything that we're talking about while he's in here on the record.
[25:51.000 --> 25:53.000]  Unless he says it's on the record.
[25:53.000 --> 25:56.000]  Okay.
[25:56.000 --> 26:02.000]  In this position, all parties have to agree to go off the record in court if the judge says off the record.
[26:02.000 --> 26:03.000]  Right.
[26:03.000 --> 26:05.000]  That part I understand.
[26:05.000 --> 26:07.000]  Everything he said was on the record.
[26:07.000 --> 26:08.000]  And everything I said?
[26:08.000 --> 26:09.000]  Okay.
[26:09.000 --> 26:10.000]  Okay.
[26:10.000 --> 26:26.000]  Until he left and I said I assume we're off the record, even though he didn't say it.
[26:26.000 --> 26:29.000]  By the way, I didn't get your name.
[26:29.000 --> 26:30.000]  Mark Davis.
[26:30.000 --> 26:31.000]  Mr. Davis?
[26:31.000 --> 26:32.000]  Yes.
[26:32.000 --> 26:37.000]  Okay.
[26:37.000 --> 26:42.000]  What was the name of the young lady that originally prosecuted the case?
[26:42.000 --> 26:47.000]  I am not sure that may have been of any of that number.
[26:47.000 --> 26:49.000]  Oh, there was only one.
[26:49.000 --> 27:12.000]  Well, I am.
[27:12.000 --> 27:28.000]  It's not why I get the big bucks.
[27:28.000 --> 27:35.000]  I'm glad everybody thinks this is so funny in the courtroom, the people that are working it.
[27:35.000 --> 27:39.000]  Yeah, this is all high entertainment to them.
[27:39.000 --> 27:45.000]  Yeah, that's why I'm being very meticulous about the record around, just to make sure everything is there again.
[27:45.000 --> 27:47.000]  I'm glad you said again.
[27:47.000 --> 27:52.000]  Yeah, I was being facetious right there.
[27:52.000 --> 27:59.000]  He prosecuted that case, do you remember?
[27:59.000 --> 28:05.000]  General, maybe.
[28:05.000 --> 28:10.000]  Well, I don't know how long ago it was, we've had more than just Janella.
[28:10.000 --> 28:14.000]  February 8, 2012.
[28:14.000 --> 28:20.000]  I think it was Janella.
[28:20.000 --> 28:32.000]  Thank you, pleasure to see you.
[28:32.000 --> 28:45.000]  After reading the case, the judge's issuance very clearly, it seems like the only thing that he was talking about was guilty versus not guilty.
[28:45.000 --> 28:50.000]  If you want to raise that, I'll be here.
[28:50.000 --> 28:52.000]  So certainly we can address that.
[28:52.000 --> 28:54.000]  I understand your argument.
[28:54.000 --> 28:55.000]  It's very clear in the record.
[28:55.000 --> 28:58.000]  I think the record will speak for itself.
[28:58.000 --> 29:02.000]  But let's go ahead and change that.
[29:02.000 --> 29:12.000]  And I've noticed also in the judgment, there is language that has since been stricken in all of our judgments.
[29:12.000 --> 29:14.000]  So at this time, I want to X that out.
[29:14.000 --> 29:23.000]  It says, it is therefore ordered and judged by the court that the defendant will be committed to and remain in the custody of the chief of police
[29:23.000 --> 29:35.000]  until said fine and costs have been fully paid or otherwise discharged by law.
[29:35.000 --> 29:40.000]  We don't need that anymore.
[29:40.000 --> 29:42.000]  All right, folks, we're about to go to break.
[29:42.000 --> 29:44.000]  We'll finish that up on the other side.
[29:44.000 --> 29:45.000]  It seems we're picking up callers.
[29:45.000 --> 29:47.000]  I'm trying to figure out how that is at the moment.
[29:47.000 --> 29:49.000]  But we'll cover that later.
[29:49.000 --> 29:51.000]  Anyway, we'll be right back on the other side of the break.
[29:51.000 --> 29:52.000]  So folks, y'all hang on.
[29:52.000 --> 30:02.000]  We will be right back.
[30:02.000 --> 30:04.000]  Could the government track your every move?
[30:04.000 --> 30:10.000]  Remotely trackable driver's licenses would make it possible and usher in a nightmare surveillance society.
[30:10.000 --> 30:17.000]  I'm Dr. Catherine Albrecht, and I'll be back in a moment to tell you why citizens should say no to microchips in driver's licenses.
[30:17.000 --> 30:19.000]  Privacy is under attack.
[30:19.000 --> 30:22.000]  When you give up data about yourself, you'll never get it back again.
[30:22.000 --> 30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:27.000 --> 30:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.000 --> 30:35.000]  Privacy, it's worth hanging on to.
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[30:56.000 --> 31:01.000]  The Department of Homeland Security has found a way to beef up driver's licenses with the technology.
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[31:09.000 --> 31:15.000]  The RFID-enabled driver's license, known as an enhanced driver's license, would enable total citizen tracking.
[31:15.000 --> 31:20.000]  Join me in opposing the introduction of remotely readable driver's licenses in your state.
[31:20.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:43.000]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
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[31:55.000 --> 31:57.000]  We're Americans, and we deserve the truth.
[31:57.000 --> 32:01.000]  Go to RememberBuilding7.org today.
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[33:01.000 --> 33:12.000]  Live, free speech radio, logosradionetwork.com.
[33:12.000 --> 33:36.000]  Hi folks, we are back. This is Rule of Law Radio with the Monday Night Traffic Show.
[33:36.000 --> 33:42.000]  All right, we are going to finish up this recording and make a few more comments and then we're going to start taking your calls.
[33:42.000 --> 33:47.000]  So Ginger and whoever else may be up on the board that I don't see yet, y'all hang on and we will get to you shortly.
[33:47.000 --> 33:49.000]  All right, Deborah.
[33:49.000 --> 34:07.000]  This is exactly the whole deal as it was at that time.
[34:07.000 --> 34:13.000]  So let me just go ahead and say as remanded.
[34:13.000 --> 34:29.000]  Okay, go ahead and pause it, Deborah.
[34:29.000 --> 34:40.000]  Okay, now what you heard, there was an actual attorney present in the courtroom who saw what was going on when I was demanding that the judge correct the record.
[34:40.000 --> 34:50.000]  And Jenkins, of course, the judge, is doing everything he can not to make the corrections that I tell him have to be made to make an accurate record.
[34:50.000 --> 34:57.000]  Well, this attorney stands up and tries to tell him that, excuse me, Judge, but if the case has been remanded back to you,
[34:57.000 --> 35:04.000]  you have full authority to make all the necessary corrections to that order that are required for it to be accurate.
[35:04.000 --> 35:08.000]  That's all the attorney was trying to stand up and tell Jenkins.
[35:08.000 --> 35:12.000]  Jenkins did not want him talking and getting that on the record.
[35:12.000 --> 35:14.000]  He immediately cuts him off.
[35:14.000 --> 35:15.000]  That's fine.
[35:15.000 --> 35:16.000]  Sit down.
[35:16.000 --> 35:17.000]  That's fine.
[35:17.000 --> 35:18.000]  Sit down.
[35:18.000 --> 35:26.000]  And when the attorney tries one more time to stress that, Jenkins says, if you don't sit down, I'll have you removed.
[35:26.000 --> 35:38.000]  He did not want it on the record that he had the power to make the proper corrections and was refusing to do it.
[35:38.000 --> 35:48.000]  Man, we got a name for people like that, and it's usually what you find on the bottom of a big old chicken house over in East Texas.
[35:48.000 --> 35:54.000]  It's all over the ground there inside the place, you know, and that's what this guy is from the get-go.
[35:54.000 --> 35:56.000]  Okay, Mr. Eber.
[35:56.000 --> 35:57.000]  Remanded.
[35:57.000 --> 36:00.000]  As a friend of the court, I'm an attorney.
[36:00.000 --> 36:02.000]  Then you can sit down.
[36:02.000 --> 36:03.000]  Thank you.
[36:03.000 --> 36:04.000]  Thank you.
[36:04.000 --> 36:05.000]  Thank you very much.
[36:05.000 --> 36:10.000]  What happens is if you sit down, I'll have you removed.
[36:10.000 --> 36:26.000]  You take that care of it very good.
[36:26.000 --> 36:27.000]  Okay.
[36:27.000 --> 36:29.000]  Basically, that'll be it.
[36:29.000 --> 36:42.000]  I'm going to start there.
[36:42.000 --> 36:49.000]  I told you he was illiterate and slow.
[36:49.000 --> 36:59.000]  I'll put as you will remain ordered to.
[36:59.000 --> 37:21.000]  Okay.
[37:21.000 --> 37:43.000]  Okay.
[37:43.000 --> 37:44.000]  Yeah.
[37:44.000 --> 37:57.000]  Thank you very much, sir.
[37:57.000 --> 37:59.000]  Judge, is that all we're going to handle today?
[37:59.000 --> 38:00.000]  Yep.
[38:00.000 --> 38:03.000]  I needed to get some testimony on the record before we left today.
[38:03.000 --> 38:05.000]  I understood this was a pretrial proceeding.
[38:05.000 --> 38:08.000]  Therefore, I would like to be conducted as a pretrial proceeding.
[38:08.000 --> 38:12.000]  I understood that it was going to be very narrow into a remand order.
[38:12.000 --> 38:14.000]  Those instructions were never given to me.
[38:14.000 --> 38:16.000]  I came prepared to get information entered onto the record,
[38:16.000 --> 38:22.000]  and I would appreciate the opportunity to do so.
[38:22.000 --> 38:28.000]  I'm sure.
[38:28.000 --> 38:34.000]  Please make sure you keep that available because I'm going to want that too.
[38:34.000 --> 38:50.000]  The kangaroos keep on coming.
[38:50.000 --> 38:52.000]  I'll have the whole complete thing.
[38:52.000 --> 38:53.000]  You know the drill.
[38:53.000 --> 38:56.000]  Yes, ma'am, I do.
[38:56.000 --> 38:59.000]  Thank you.
[38:59.000 --> 39:13.000]  Can you please give it to me again?
[39:13.000 --> 39:28.000]  Yes.
[39:28.000 --> 39:33.000]  Do you get the feeling he knows something you don't yet?
[39:33.000 --> 39:34.000]  All right.
[39:34.000 --> 39:42.000]  Now, that do you get the feeling he knows something you don't yet was directed at this new prosecutor they've got sitting over there,
[39:42.000 --> 39:54.000]  who does not yet realize the mess he's got himself into because he has stepped into a pair of shoes of the prior prosecutor
[39:54.000 --> 39:59.000]  who could not have screwed things up any worse,
[39:59.000 --> 40:05.000]  and this guy doesn't look like he has the confidence and the ability to do any better.
[40:05.000 --> 40:11.000]  And when I was walking out of there, I had to let him know something's up and you're not in on it.
[40:11.000 --> 40:13.000]  Do you feel bad yet?
[40:13.000 --> 40:15.000]  Because you saw how that judge was leaving here.
[40:15.000 --> 40:18.000]  Now, that comment, the kangaroos keep on coming,
[40:18.000 --> 40:22.000]  you can still see the judge standing right there in the door when I was saying that.
[40:22.000 --> 40:24.000]  He wanted out of there.
[40:24.000 --> 40:26.000]  He didn't care what else I had to say or do.
[40:26.000 --> 40:28.000]  He was history.
[40:28.000 --> 40:31.000]  Just call him Casper.
[40:31.000 --> 40:32.000]  All right.
[40:32.000 --> 40:41.000]  Now, that being said, we've got, I've got my paperwork almost ready to put in regarding this so-called proceeding
[40:41.000 --> 40:46.000]  and all the gross negligence of judicial conduct that went into it,
[40:46.000 --> 40:52.000]  and I'm going to get that filed and we're going to see what kind of bolt rocking that paperwork causes,
[40:52.000 --> 40:58.000]  but it ought to be a humdinger of a situation before it's all said and done.
[40:58.000 --> 41:04.000]  So y'all keep listening and I'll keep updating you just as fast as it'll come out of that there still
[41:04.000 --> 41:06.000]  and land in the old bottle.
[41:06.000 --> 41:09.000]  That being said, we are going to take a couple callers up on the board,
[41:09.000 --> 41:11.000]  and for those of y'all that are out there listening and waiting,
[41:11.000 --> 41:16.000]  512-646-1984 is the call-in number.
[41:16.000 --> 41:19.000]  First up, we have Ginger in Texas.
[41:19.000 --> 41:21.000]  Ginger, what can we do for you?
[41:21.000 --> 41:22.000]  Hi.
[41:22.000 --> 41:31.000]  I was, I had made my own appeal for trials and over from a municipal court.
[41:31.000 --> 41:32.000]  Which municipal court?
[41:32.000 --> 41:33.000]  City court.
[41:33.000 --> 41:40.000]  I really don't want to say it was a city court in Texas and two county courts.
[41:40.000 --> 41:48.000]  And they kept me waiting a whole year with numerous continuances.
[41:48.000 --> 41:49.000]  They who?
[41:49.000 --> 41:51.000]  The municipal court or the trial court?
[41:51.000 --> 41:53.000]  I'm sorry, the appeals court?
[41:53.000 --> 41:55.000]  The appeals court.
[41:55.000 --> 41:56.000]  It wasn't an appeals court.
[41:56.000 --> 41:58.000]  It was a trial de novo.
[41:58.000 --> 42:01.000]  You know, supposedly this is the first trial.
[42:01.000 --> 42:02.000]  Well, don't feel bad.
[42:02.000 --> 42:06.000]  Mine was not a trial de novo, and they still sat on it for a year.
[42:06.000 --> 42:11.000]  Well, they had my bond and everything for a year.
[42:11.000 --> 42:18.000]  And then what they did is on the very day that I finally thought I was going to go to trial,
[42:18.000 --> 42:23.000]  and I was ready, really, really prepared with law, prepared with law and everything,
[42:23.000 --> 42:28.000]  they come up with a remand back to the city.
[42:28.000 --> 42:35.000]  And I have to tell you, I was just, I was just ambushed, and I did not expect it.
[42:35.000 --> 42:42.000]  However, it made sense to me that what they did was wait until the last minute,
[42:42.000 --> 42:47.000]  because they just didn't know what else to do, because they know they had a kiss court case.
[42:47.000 --> 42:56.000]  But what they did was they said that I hadn't filed the case in time for lack of jurisdiction,
[42:56.000 --> 42:59.000]  but they held my money for a whole year.
[42:59.000 --> 43:08.000]  And what happened is that in municipal court, the courthouse was open on Columbus Day.
[43:08.000 --> 43:16.000]  And I thought that it was a national holiday and did not make my appeal until the 11th day.
[43:16.000 --> 43:20.000]  And the law says I'm supposed to make it on the 10th.
[43:20.000 --> 43:23.000]  Whether that is true or not.
[43:23.000 --> 43:29.000]  Actually, no, Texas law says that it doesn't matter if the court's open or not.
[43:29.000 --> 43:36.000]  The law dictates that the starting and ending day cannot be on a weekend or holiday.
[43:36.000 --> 43:47.000]  I know, I know, but they said that because it was not a Texas holiday, that it was a national holiday.
[43:47.000 --> 43:51.000]  That's baloney. It's got nothing to do with it being a holiday in Texas.
[43:51.000 --> 43:54.000]  Okay, hang on just a second, Junior. We'll pick this up on the other side.
[43:54.000 --> 44:00.000]  All right, folks, 512-646-1984. We'll be right back.
[44:00.000 --> 44:03.000]  Are you the plaintiff or defendant in a lawsuit?
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[45:01.000 --> 45:07.000]  Hello, my name is Stuart Smith from naturespureorganics.com,
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[45:48.000 --> 46:15.000]  Naturespureorganics.com
[46:15.000 --> 46:22.000]  All right, folks, we are back.
[46:22.000 --> 46:24.000]  This is Rule of Law Radio.
[46:24.000 --> 46:28.000]  All right, we are going to go back to our caller Ginger in Texas.
[46:28.000 --> 46:29.000]  All right, Ginger.
[46:29.000 --> 46:35.000]  Okay, so what they said was that I had to go back to municipal court.
[46:35.000 --> 46:39.000]  They had no jurisdiction, and even if I had been found guilty,
[46:39.000 --> 46:49.000]  that I would be, the case would be wiped out because I didn't file in time.
[46:49.000 --> 46:52.000]  So I don't quite know what to do.
[46:52.000 --> 46:57.000]  I don't know where I could appeal this, but I was willing.
[46:57.000 --> 47:01.000]  I was going to just go pay for this stupid ticket because I was just beat.
[47:01.000 --> 47:06.000]  I mean, I put this whole case together, and I really had a good case.
[47:06.000 --> 47:10.000]  Well, wait a minute, if they've remanded it back to the municipal court,
[47:10.000 --> 47:16.000]  why are you not, I mean, they're actually saying they're not going to give you the appeal?
[47:16.000 --> 47:17.000]  They're not going to give me the appeal.
[47:17.000 --> 47:19.000]  They sent it back to municipal court.
[47:19.000 --> 47:24.000]  They would not give me my trial in county court.
[47:24.000 --> 47:31.000]  They said that I had to go back to municipal court, pay the ticket, and it's on the record.
[47:31.000 --> 47:39.000]  And what makes it worse, it was an ex parte, because the judge wasn't even there, and they had the...
[47:39.000 --> 47:41.000]  Well, what was an ex parte?
[47:41.000 --> 47:46.000]  The order was written when I wasn't even there.
[47:46.000 --> 47:54.000]  Well, unless you specifically asked for oral argument at the county level, there wouldn't be.
[47:54.000 --> 47:57.000]  I asked for the judge that day.
[47:57.000 --> 48:01.000]  Well, as I said, I was ambushed. I was ready to go to trial.
[48:01.000 --> 48:03.000]  I'm not trying to defend myself, Randi.
[48:03.000 --> 48:06.000]  I'm just telling you where I was at that day.
[48:06.000 --> 48:08.000]  No, no, no, no, no. Okay.
[48:08.000 --> 48:10.000]  Let's get a couple of things straight here.
[48:10.000 --> 48:12.000]  I'm not trying to attack you or anything.
[48:12.000 --> 48:15.000]  I'm just addressing the situation, and I'm Eddie, by the way.
[48:15.000 --> 48:18.000]  Randi's the really old dude.
[48:18.000 --> 48:19.000]  You're not Randi?
[48:19.000 --> 48:20.000]  No, I'm Eddie.
[48:20.000 --> 48:21.000]  Okay, Eddie.
[48:21.000 --> 48:36.000]  Okay. What I'm getting at is when it goes up on the trial to no vote, okay, there's a certain time limit to get things done.
[48:36.000 --> 48:43.000]  Now, when you start counting that time limit, there's a certain procedure for doing that.
[48:43.000 --> 48:51.000]  And the statute's very clear that the first day and the last day cannot begin or end on a holiday, okay?
[48:51.000 --> 49:03.000]  So when you look at the timings on appeals under Chapter 45 for this and under Chapter 44, let's see.
[49:03.000 --> 49:05.000]  If we look under Chapter 44...
[49:05.000 --> 49:09.000]  That's what they used with 45046.
[49:09.000 --> 49:12.000]  They told you 45.046?
[49:12.000 --> 49:13.000]  Yes.
[49:13.000 --> 49:17.000]  Okay.
[49:17.000 --> 49:20.000]  But the thing is the judge wasn't even there.
[49:20.000 --> 49:24.000]  They had already done this before I even got there.
[49:24.000 --> 49:28.000]  And when I got there, I'm sitting there waiting for the jury to be brought in and everything.
[49:28.000 --> 49:30.000]  There was nothing going on.
[49:30.000 --> 49:32.000]  There were no other attorneys in the room.
[49:32.000 --> 49:35.000]  And finally, they came out with a court reporter.
[49:35.000 --> 49:38.000]  Okay. Are you sure you have that number right?
[49:38.000 --> 49:42.000]  No. I thought it was 45046.
[49:42.000 --> 49:44.000]  It's sticking in my head, but...
[49:44.000 --> 49:46.000]  45046?
[49:46.000 --> 49:47.000]  Yes.
[49:47.000 --> 49:50.000]  Okay. 046 is commitment.
[49:50.000 --> 49:52.000]  That's sending you to jail.
[49:52.000 --> 49:53.000]  Oh, I'm sorry.
[49:53.000 --> 49:54.000]  Never mind.
[49:54.000 --> 49:55.000]  I'm wrong.
[49:55.000 --> 49:56.000]  No, this is...
[49:56.000 --> 49:59.000]  45.042?
[49:59.000 --> 50:00.000]  I'm sorry.
[50:00.000 --> 50:02.000]  I don't have it.
[50:02.000 --> 50:08.000]  I thought I was right, but it was 45-something, that much I know.
[50:08.000 --> 50:13.000]  Because I looked it up, and it said that I had 10 days to file my appeal,
[50:13.000 --> 50:15.000]  and I did not file it in 10 days.
[50:15.000 --> 50:23.000]  I filed it on the 11th day, and the holiday didn't count because it was...
[50:23.000 --> 50:30.000]  Columbus Day was not a Texas holiday, and the court was open.
[50:30.000 --> 50:36.000]  And I thought it was closed because it was Columbus Day national holiday.
[50:36.000 --> 50:40.000]  And so I filed my appeal the next day.
[50:40.000 --> 50:45.000]  But the thing that bothered me more than anything is I didn't get a chance to even speak to the judge about it.
[50:45.000 --> 50:53.000]  They went ahead with the judge without me, ex parte, and got the judge to sign this order, and the judge did it.
[50:53.000 --> 50:58.000]  He signed the order saying that I was going to be remanded back to municipal court.
[50:58.000 --> 51:02.000]  And I didn't even get a chance to tell the judge what happened.
[51:02.000 --> 51:09.000]  And then they found something that the clerk in municipal court had written about me saying that,
[51:09.000 --> 51:13.000]  well, I thought I didn't have to do this until Friday.
[51:13.000 --> 51:18.000]  And I never said that, and she just made it up because she and I didn't get along,
[51:18.000 --> 51:24.000]  and she just wrote whatever she wanted and was put in this certified electronic record
[51:24.000 --> 51:28.000]  that had nothing to do with anything that went on in the courtroom.
[51:28.000 --> 51:35.000]  And so when they said 10 days, I looked it up, and it did say 10 days in the law book.
[51:35.000 --> 51:41.000]  And I just said, you know, well, I had shot myself in the foot, and I backed down, and I was going to pay the ticket.
[51:41.000 --> 51:50.000]  But, you know, it's been a little over...it's a couple of weeks now, and I'm thinking, how could I just let them do this?
[51:50.000 --> 51:55.000]  They're just walking and tromping all over the flag.
[51:55.000 --> 52:00.000]  And it's just, you know, it's hard to know what to do at this point.
[52:00.000 --> 52:04.000]  Do I go to third quarter appeals, or what do I do?
[52:04.000 --> 52:07.000]  How do I...I asked the judge six times.
[52:07.000 --> 52:11.000]  I said, I have a right to see the judge, and they wouldn't let me see the judge.
[52:11.000 --> 52:16.000]  And then the bailiff shooed me out of the courtroom, out of a public courtroom.
[52:16.000 --> 52:21.000]  We weren't even in the judge's part of the courtroom. We were beyond the railing.
[52:21.000 --> 52:27.000]  And she shooed me out of the courtroom.
[52:27.000 --> 52:29.000]  Okay.
[52:29.000 --> 52:30.000]  What do I do?
[52:30.000 --> 52:31.000]  I don't know.
[52:31.000 --> 52:41.000]  I don't know if I'm supposed to appeal it to third quarter appeals or write...oh, yeah, there's one thing else I didn't tell you.
[52:41.000 --> 52:51.000]  I have a letter from the court administrator in municipal court saying that, because I asked for some extra papers.
[52:51.000 --> 52:54.000]  This was before I went to county.
[52:54.000 --> 52:57.000]  I asked for some papers that she had given me.
[52:57.000 --> 53:03.000]  She sent me the papers, and she said, with her seal, you know, the seal of the municipal court,
[53:03.000 --> 53:11.000]  this trial has been duly and properly executed as a trial de novo to county court.
[53:11.000 --> 53:14.000]  You have no more business here in municipal court.
[53:14.000 --> 53:20.000]  Well, if you didn't perfect the appeal, that would be the proper way of doing it.
[53:20.000 --> 53:24.000]  But the question remains, did you or did you not?
[53:24.000 --> 53:25.000]  Did I what?
[53:25.000 --> 53:28.000]  Perfect the appeal.
[53:28.000 --> 53:32.000]  I did. I filled out the appeal. I gave him my bond.
[53:32.000 --> 53:36.000]  I double...you know, they double your fine.
[53:36.000 --> 53:43.000]  And I believe I did it right, and they had accepted it.
[53:43.000 --> 53:49.000]  Janet Doody was the county prosecutor at the time.
[53:49.000 --> 53:52.000]  She's now the district attorney.
[53:52.000 --> 53:57.000]  And she accepted it, and then they held on to it for almost a year.
[53:57.000 --> 54:05.000]  And then they said that they don't have jurisdiction and do this ex parte meeting without me.
[54:05.000 --> 54:07.000]  And I didn't have a chance to talk to the judge.
[54:07.000 --> 54:10.000]  He wouldn't even come out.
[54:10.000 --> 54:15.000]  Yeah, well, that's sort of the way that works.
[54:15.000 --> 54:16.000]  What do you mean by that?
[54:16.000 --> 54:19.000]  That's the way they get to do ex parte stuff?
[54:19.000 --> 54:26.000]  Well, again, there is no ex parte unless they're talking to one party and not the other.
[54:26.000 --> 54:28.000]  That's what ex parte means.
[54:28.000 --> 54:30.000]  Right, and I wasn't there.
[54:30.000 --> 54:33.000]  But neither was the other side.
[54:33.000 --> 54:38.000]  The judge can make orders without either party being present.
[54:38.000 --> 54:45.000]  What he cannot can do is conduct a hearing with one side there and the other side not.
[54:45.000 --> 54:53.000]  Honey, he did that because the order was...the motion was made, the order was written, and I was not there.
[54:53.000 --> 54:55.000]  Okay, who made the motion?
[54:55.000 --> 54:58.000]  The motion was made by the county prosecutor.
[54:58.000 --> 55:02.000]  Okay, is that who prosecuted you in the original court?
[55:02.000 --> 55:07.000]  No, the original court was in the municipal court in Cedar Park.
[55:07.000 --> 55:13.000]  Okay, the county prosecutor, if the county court lacks jurisdiction,
[55:13.000 --> 55:18.000]  which they would do if you didn't perfect the appeal in time,
[55:18.000 --> 55:25.000]  the only thing that can be done is a motion to dismiss the case has to be made and entered.
[55:25.000 --> 55:32.000]  Now, the court could do that, but in this case it just appears that it was required that the county attorney do it.
[55:32.000 --> 55:35.000]  I'm sorry, I didn't follow that.
[55:35.000 --> 55:38.000]  I'm sorry, I just don't get what you meant.
[55:38.000 --> 55:41.000]  Okay.
[55:41.000 --> 55:45.000]  I did not write a motion to dismiss.
[55:45.000 --> 55:53.000]  I understand that, but what I'm getting at is if the county court saw by the record,
[55:53.000 --> 55:59.000]  or at least it was inferred by the record, that you did not perfect the appeal,
[55:59.000 --> 56:07.000]  they have no jurisdiction to do anything except dismiss.
[56:07.000 --> 56:13.000]  They can't talk to you because they have no jurisdiction over anything you're involved in.
[56:13.000 --> 56:15.000]  They just can't talk to you.
[56:15.000 --> 56:17.000]  There's nothing to talk about.
[56:17.000 --> 56:21.000]  They don't have any jurisdiction to do any talking.
[56:21.000 --> 56:24.000]  All they can do is dismiss.
[56:24.000 --> 56:32.000]  The issue here is proving that your case was mishandled on time,
[56:32.000 --> 56:37.000]  that they could not count Columbus Day against you.
[56:37.000 --> 56:40.000]  Which court do I go to?
[56:40.000 --> 56:44.000]  You would have to do a writ of mandamus above the county court.
[56:44.000 --> 56:45.000]  A writ of mandamus?
[56:45.000 --> 56:48.000]  Okay, I read about a writ of mandamus.
[56:48.000 --> 56:51.000]  Or you'd have to file a motion to reconsider,
[56:51.000 --> 57:00.000]  and you'll have to reference the statute that shows that they erroneously applied the count to a holiday.
[57:00.000 --> 57:03.000]  I could do that in county court?
[57:03.000 --> 57:09.000]  If you're doing a motion to reconsider, you'll file that in the same court that caused the problem, yeah.
[57:09.000 --> 57:12.000]  The county court or the municipal court?
[57:12.000 --> 57:14.000]  The county court's the one that dismissed.
[57:14.000 --> 57:18.000]  That's the one you're asking to reconsider for your appeal, right?
[57:18.000 --> 57:21.000]  A motion to reconsider.
[57:21.000 --> 57:23.000]  To reconsider.
[57:23.000 --> 57:26.000]  And how do I get them to even pay attention to it, did you?
[57:26.000 --> 57:28.000]  Well, that I can't help you with.
[57:28.000 --> 57:30.000]  They're going to do what they're going to do.
[57:30.000 --> 57:33.000]  I can't tell you how to make them do anything.
[57:33.000 --> 57:49.000]  What I mean is, do I just file the motion with the county clerk and then ask the court administrator to set a hearing?
[57:49.000 --> 57:50.000]  You can try that.
[57:50.000 --> 57:55.000]  Like I said, it just depends on what they're willing to do now that it's been two weeks.
[57:55.000 --> 57:58.000]  I can't tell you what they're willing to do at this time.
[57:58.000 --> 58:00.000]  Oh, honey, I just didn't have the strength.
[58:00.000 --> 58:02.000]  There was just nothing left in me.
[58:02.000 --> 58:05.000]  I understand, but time is everything in these cases.
[58:05.000 --> 58:12.000]  The only chance you've got of going after that is a complete lack of jurisdiction in the first place at the trial level.
[58:12.000 --> 58:19.000]  So if you didn't press that issue and hammer it home, you're not going to have it available to you at the county level.
[58:19.000 --> 58:22.000]  Okay, is there anything else I can do for you?
[58:22.000 --> 58:24.000]  No, thank you, Ann.
[58:24.000 --> 58:26.000]  Okay, thank you. Bye-bye.
[58:26.000 --> 58:28.000]  All right, folks, we are about to take a break.
[58:28.000 --> 58:30.000]  Andrew, Gary, I see you there on the board.
[58:30.000 --> 58:33.000]  Y'all hang on, and I'll pick you up on the other side when we get done.
[58:33.000 --> 58:37.000]  Call in number 512-646-1984.
[58:37.000 --> 58:44.000]  I've got an hour left, and I'm going to need more than two people unless they're really, really got long discussions here.
[58:44.000 --> 58:45.000]  So y'all hang on.
[58:45.000 --> 58:47.000]  We will be right back.
[58:50.000 --> 58:54.000]  The Bible remains the most popular book in the world.
[58:54.000 --> 58:58.000]  Yet countless readers are frustrated because they struggle to understand it.
[58:58.000 --> 59:02.000]  Some new translations try to help by simplifying the text,
[59:02.000 --> 59:06.000]  but in the process can compromise the profound meaning of the Scripture.
[59:06.000 --> 59:09.000]  Enter the recovery version.
[59:09.000 --> 59:13.000]  First, this new translation is extremely faithful and accurate,
[59:13.000 --> 59:18.000]  but the real story is the more than 9,000 explanatory footnotes.
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[59:22.000 --> 59:27.000]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:27.000 --> 59:33.000]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.000 --> 59:43.000]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:43.000 --> 59:47.000]  or by ordering online at freestudybible.com.
[59:47.000 --> 59:50.000]  That's freestudybible.com.
[59:50.000 --> 01:00:00.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:00:00.000 --> 01:00:10.000]  You're listening to The Liberty Beat, your daily source for Liberty news and activist updates,
[01:00:10.000 --> 01:00:15.000]  online at thelibertybeat.com.
[01:00:15.000 --> 01:00:20.000]  Don Bush here with your Liberty Beat from Monday, September 30th, 2013.
[01:00:20.000 --> 01:00:29.000]  Gold opened today at $1,322, silver at $21.68, and bitcoin is trading at $127.
[01:00:29.000 --> 01:00:32.000]  Support for The Liberty Beat comes from Brave New Books,
[01:00:32.000 --> 01:00:36.000]  Austin's only brick and mortar store pairing teen tangerine 2.0,
[01:00:36.000 --> 01:00:38.000]  online at bravenewbooksstore.com,
[01:00:38.000 --> 01:00:44.000]  and from Cabo Bombs, the first high-fructose corn syrup-free quick-serve restaurant in the country,
[01:00:44.000 --> 01:00:49.000]  serving Baja California-style burritos and non-GMO corn tortillas and chips,
[01:00:49.000 --> 01:00:54.000]  in Austin at 500 East Bend White Boulevard or online at cabobobs.com.
[01:00:54.000 --> 01:00:56.000]  And now the news.
[01:00:56.000 --> 01:01:00.000]  A federal government shutdown is expected tonight if the U.S. House, Senate,
[01:01:00.000 --> 01:01:05.000]  and White House cannot reach an agreement on a bill to fund federal operations.
[01:01:05.000 --> 01:01:10.000]  House Republicans passed a version of the budget that repeals a 2.3% tax on medical devices
[01:01:10.000 --> 01:01:13.000]  and delays the rollout of Obamacare by a year.
[01:01:13.000 --> 01:01:16.000]  Senate Democrats have vowed to reject the House version of the budget,
[01:01:16.000 --> 01:01:19.000]  and if a compromise cannot be made by midnight tonight,
[01:01:19.000 --> 01:01:22.000]  the federal government will face what is called a shutdown.
[01:01:22.000 --> 01:01:28.000]  A federal government shutdown, which has happened 17 times since the Feds have used the current budget process,
[01:01:28.000 --> 01:01:31.000]  involves withholding pay from many federal government employees,
[01:01:31.000 --> 01:01:36.000]  closing national parks, and not doling out government-backed mortgages, among other things.
[01:01:36.000 --> 01:01:41.000]  Many statists are nervous that the country will come crashing down in the event of a government shutdown,
[01:01:41.000 --> 01:01:47.000]  while anarchists and libertarians are excited at the opportunity to show that federal funding or not, the world goes on.
[01:01:47.000 --> 01:01:56.000]  A new stateless method of emergency protection is currently being developed by Peacekeeper founder Cody Drummond.
[01:01:56.000 --> 01:02:01.000]  The Peacekeeper Emergency Response app relies on a network of caring neighbors and friends
[01:02:01.000 --> 01:02:03.000]  instead of strangers in government.
[01:02:03.000 --> 01:02:06.000]  The app works by connecting communities through a common network,
[01:02:06.000 --> 01:02:12.000]  then giving individuals and families the ability to report emergencies like fires, natural disasters, or break-ins.
[01:02:12.000 --> 01:02:16.000]  In the event of an emergency, an alert message is sent out to everyone on the network,
[01:02:16.000 --> 01:02:21.000]  and neighbors and friends have the opportunity to respond by letting the group know they are on their way to help.
[01:02:21.000 --> 01:02:27.000]  Here's what Cody Drummond recently told Peace News Now about why he is spearheading the creation of the Peacekeeper app.
[01:02:27.000 --> 01:02:33.000]  I wanted people to have more independence from government institutions,
[01:02:33.000 --> 01:02:37.000]  because I think that relying on government institutions can be very damaging and dangerous.
[01:02:37.000 --> 01:02:43.000]  The app is currently in development, and an Indiegogo campaign is underway to raise monies to complete the operation.
[01:02:43.000 --> 01:02:50.000]  The campaign ends October 7th, and organizers are over 10% away from reaching their fundraising goal of $21,000.
[01:02:50.000 --> 01:02:54.000]  For more information or to donate, visit peacekeeper.org.
[01:02:54.000 --> 01:02:57.000]  Support for the Liberty Beat comes from Carmacazi Productions,
[01:02:57.000 --> 01:03:04.000]  the production house bringing you Sovereign Living to show.
[01:03:28.000 --> 01:03:31.000]  I won't pay for the war with my body.
[01:03:31.000 --> 01:03:35.000]  Ain't gonna pay for the car with my money.
[01:03:35.000 --> 01:03:38.000]  I won't pay for the fun with my body.
[01:03:38.000 --> 01:03:41.000]  The friends wicked and the logic shoddy.
[01:03:41.000 --> 01:03:45.000]  Ain't gonna pay for the oil with my body.
[01:03:45.000 --> 01:03:48.000]  I won't pay for the boys with my money.
[01:03:48.000 --> 01:03:52.000]  Ain't gonna pay for the kids with my body.
[01:03:52.000 --> 01:03:56.000]  The whole agenda smells funny.
[01:03:56.000 --> 01:04:02.000]  I wanna fight in a war of my own.
[01:04:02.000 --> 01:04:09.000]  That one would speak less access and control.
[01:04:09.000 --> 01:04:14.000]  I wanna pay for a war of my own.
[01:04:14.000 --> 01:04:17.000]  Alright folks, we are back.
[01:04:17.000 --> 01:04:20.000]  Alright, we're gonna go to Andrew in Pennsylvania.
[01:04:20.000 --> 01:04:22.000]  Andrew, what can we do for you?
[01:04:22.000 --> 01:04:26.000]  Eddie, if you thought your day in court was pathetic, I've got something I've got to tell you.
[01:04:26.000 --> 01:04:29.000]  A couple of hours ago, I just got blocked off of Facebook,
[01:04:29.000 --> 01:04:31.000]  and you actually played a direct role in it.
[01:04:31.000 --> 01:04:35.000]  I told you I spread the word about your Infowars news presentation like it's about Christians,
[01:04:35.000 --> 01:04:39.000]  spread the word about Jesus, and it just got me censored off of Facebook
[01:04:39.000 --> 01:04:42.000]  because I just took a bold new way of doing that.
[01:04:42.000 --> 01:04:46.000]  I made a resolution that I would use my excessive free time to post your video
[01:04:46.000 --> 01:04:51.000]  on the Facebook page of every single police department on planet Earth that has a Facebook page.
[01:04:51.000 --> 01:04:54.000]  I had so much free time on my hands, and in the message I said,
[01:04:54.000 --> 01:04:57.000]  officers, we've got some issues here, Eddie Craig's presentation explains,
[01:04:57.000 --> 01:05:00.000]  but I basically summarized everything you talked about in the presentation.
[01:05:00.000 --> 01:05:04.000]  I said I find it disgusting that you guys say you're issuing tickets to keep the roads safe,
[01:05:04.000 --> 01:05:08.000]  but in reality you're really doing it to generate revenue, and doing this,
[01:05:08.000 --> 01:05:12.000]  and I just put it on like 100 police department pages, and I'll also send a direct message as well,
[01:05:12.000 --> 01:05:15.000]  and now I just got censored for this, blocked off Facebook,
[01:05:15.000 --> 01:05:18.000]  and Facebook is obviously guilty of false advertising,
[01:05:18.000 --> 01:05:21.000]  and I think so are the police departments that actually removed my material
[01:05:21.000 --> 01:05:25.000]  because there's nothing against freedom of speech in my post or anything,
[01:05:25.000 --> 01:05:29.000]  so I mean how can I sue Facebook if there is any way I can do it,
[01:05:29.000 --> 01:05:32.000]  and I'd be more than happy to give you some of the money if I win.
[01:05:32.000 --> 01:05:37.000]  Well, you'd have to look at the terms and use policy Facebook has to know whether or not
[01:05:37.000 --> 01:05:40.000]  there's any way for you to sue them for what they did,
[01:05:40.000 --> 01:05:44.000]  but they pretty much do that to anything they don't agree with.
[01:05:44.000 --> 01:05:49.000]  Now, most likely this was not Facebook that was directly responsible.
[01:05:49.000 --> 01:05:52.000]  Most likely the police departments you're posting on
[01:05:52.000 --> 01:05:57.000]  do not like the messages you sent them about what's in the video,
[01:05:57.000 --> 01:06:00.000]  and so what they did was report you as a spammer,
[01:06:00.000 --> 01:06:04.000]  and Facebook reacted to it without investigating anything.
[01:06:04.000 --> 01:06:08.000]  They just presumed since the police made the accusation, we'll fly with that.
[01:06:08.000 --> 01:06:11.000]  So that's most likely what happened,
[01:06:11.000 --> 01:06:16.000]  which means as long as somebody reported you
[01:06:16.000 --> 01:06:22.000]  and they behaved according to their procedures and policies in relation to such a report,
[01:06:22.000 --> 01:06:27.000]  you won't have much of an ability to sue them.
[01:06:27.000 --> 01:06:28.000]  Okay.
[01:06:28.000 --> 01:06:36.000]  So it would entirely depend on, you know, what the reasoning was behind the block.
[01:06:36.000 --> 01:06:38.000]  Well, I can only assume the reason they blocked it is
[01:06:38.000 --> 01:06:41.000]  because I'm basically playing the role of whistleblower,
[01:06:41.000 --> 01:06:42.000]  and they don't want this information.
[01:06:42.000 --> 01:06:46.000]  Well, that is one assumption, but the other one is the one I gave you,
[01:06:46.000 --> 01:06:49.000]  that the police departments reported you as a spammer,
[01:06:49.000 --> 01:06:53.000]  and Facebook reacted accordingly.
[01:06:53.000 --> 01:06:54.000]  Oh, that's a shame.
[01:06:54.000 --> 01:06:56.000]  Well, people are going to find out about this.
[01:06:56.000 --> 01:06:59.000]  I wrote an article about this on Alex Jones' Planet Informer's page
[01:06:59.000 --> 01:07:01.000]  as well as David Icke's website forum,
[01:07:01.000 --> 01:07:03.000]  so people are going to find out about this,
[01:07:03.000 --> 01:07:06.000]  and I hope we can do something about it in terms of...
[01:07:06.000 --> 01:07:09.000]  All right. Well, when you sign up under your new false name,
[01:07:09.000 --> 01:07:11.000]  send me a friend request.
[01:07:11.000 --> 01:07:12.000]  All right. Well done.
[01:07:12.000 --> 01:07:14.000]  All right. Thanks, Andrew.
[01:07:14.000 --> 01:07:16.000]  And I appreciate the repost, man.
[01:07:16.000 --> 01:07:17.000]  All right. Later.
[01:07:17.000 --> 01:07:18.000]  Bye-bye.
[01:07:18.000 --> 01:07:21.000]  All right. Now we're going to go to Gary in New York.
[01:07:21.000 --> 01:07:23.000]  Gary, what can we do for you?
[01:07:23.000 --> 01:07:25.000]  Yes, hi. Thank you for taking my call.
[01:07:25.000 --> 01:07:32.000]  I called on Thursday, I believe, and spoke to Deborah and Randy, and I believe you...
[01:07:32.000 --> 01:07:35.000]  Ah, you were the one that they had me called in about.
[01:07:35.000 --> 01:07:38.000]  I was working a violation in New York City,
[01:07:38.000 --> 01:07:41.000]  and I know Deborah said I had 100 days to respond,
[01:07:41.000 --> 01:07:45.000]  but when I looked at the ticket, it said I have 30 days,
[01:07:45.000 --> 01:07:47.000]  and it was already the 30th day today.
[01:07:47.000 --> 01:07:51.000]  So I decided to go in there, even though I know it would be probably better,
[01:07:51.000 --> 01:07:56.000]  like Deborah said, to respond by mail, but it was the 30th day.
[01:07:56.000 --> 01:08:01.000]  So I went over there and tried to see the judge.
[01:08:01.000 --> 01:08:03.000]  At first, there was only...
[01:08:03.000 --> 01:08:05.000]  Wait a minute, wait a minute. What are you talking about?
[01:08:05.000 --> 01:08:06.000]  It says you have 30 days.
[01:08:06.000 --> 01:08:11.000]  I went to the website, and it says, under the specific instructions,
[01:08:11.000 --> 01:08:16.000]  say that if you want to appeal by mail, you have 100 days.
[01:08:16.000 --> 01:08:18.000]  That's what it said.
[01:08:18.000 --> 01:08:20.000]  Yeah, he hasn't done the original thing on the ticket yet.
[01:08:20.000 --> 01:08:22.000]  Okay, okay. Yeah, yeah.
[01:08:22.000 --> 01:08:27.000]  You haven't done the original notice of hearing. That's correct.
[01:08:27.000 --> 01:08:30.000]  Right. So when I went over there,
[01:08:30.000 --> 01:08:35.000]  I just like you suggested, I came into the little room.
[01:08:35.000 --> 01:08:39.000]  It didn't even look like a courtroom to me, but I've been to a real courtroom before.
[01:08:39.000 --> 01:08:41.000]  Well, why didn't you do it by mail?
[01:08:41.000 --> 01:08:46.000]  Well, because they say here on the ticket, we must receive it within 30 days.
[01:08:46.000 --> 01:08:50.000]  I didn't realize they have to receive it within 30 days or else a $10...
[01:08:50.000 --> 01:08:52.000]  When was the 30th day?
[01:08:52.000 --> 01:08:53.000]  Today.
[01:08:53.000 --> 01:08:56.000]  Oh, okay. And you called on Thursday.
[01:08:56.000 --> 01:09:03.000]  Yeah, you would have had to have written to your request for appeal by mail
[01:09:03.000 --> 01:09:10.000]  and probably got it off by, like, say, overnight mail on Friday in order for them to get it today.
[01:09:10.000 --> 01:09:13.000]  Right, but as it stands, what happened is I walked in,
[01:09:13.000 --> 01:09:18.000]  and I said here by special appearance to challenge jurisdiction,
[01:09:18.000 --> 01:09:23.000]  and he said, place your papers on your driver's license on the table, which I did,
[01:09:23.000 --> 01:09:27.000]  and then he didn't apparently hear me, and he wanted to proceed.
[01:09:27.000 --> 01:09:31.000]  I said, I'm not entering into any contract with you or the Department of...
[01:09:31.000 --> 01:09:32.000]  Yeah, you did.
[01:09:32.000 --> 01:09:37.000]  You just did. When you put your driver's license on the table, you did.
[01:09:37.000 --> 01:09:42.000]  But let me finish. And so he said, are we going to have a hearing or not?
[01:09:42.000 --> 01:09:45.000]  I said, well, I want to see your office first before,
[01:09:45.000 --> 01:09:48.000]  because he wanted me to either plead guilty or not guilty.
[01:09:48.000 --> 01:09:52.000]  So he says to me, you will have to see a senior judge go out there
[01:09:52.000 --> 01:09:54.000]  in the third room on the right.
[01:09:54.000 --> 01:09:58.000]  And she started walking herself, and we already had a prior thing with her.
[01:09:58.000 --> 01:10:01.000]  I didn't realize that was a senior judge, but before I walked in,
[01:10:01.000 --> 01:10:07.000]  she actually selected operator for me on the form,
[01:10:07.000 --> 01:10:11.000]  because it was owner, operator, authorized representative, and I created a fourth...
[01:10:11.000 --> 01:10:14.000]  Okay, you should have told them, I'm not going to fill out any of your forms,
[01:10:14.000 --> 01:10:17.000]  and I don't want any of these forms filed on my behalf.
[01:10:17.000 --> 01:10:21.000]  Right, right. Well, as it turned out to be,
[01:10:21.000 --> 01:10:23.000]  she said, you're going to have to wait here.
[01:10:23.000 --> 01:10:25.000]  So she went to speak to him for about three, four minutes,
[01:10:25.000 --> 01:10:29.000]  and then she came out and said, we cannot provide you what you're asking here.
[01:10:29.000 --> 01:10:33.000]  And so if you want to have a hearing, you're going to have to go back there
[01:10:33.000 --> 01:10:35.000]  and have a hearing without the things you're asking.
[01:10:35.000 --> 01:10:37.000]  We cannot provide.
[01:10:37.000 --> 01:10:40.000]  And I said, well, you're going to want me to plead either guilty or not guilty,
[01:10:40.000 --> 01:10:42.000]  and I'm not ready to do that.
[01:10:42.000 --> 01:10:44.000]  And she said, then we cannot help you here.
[01:10:44.000 --> 01:10:47.000]  And so we ended up not having a hearing at all.
[01:10:47.000 --> 01:10:51.000]  And so she gave me her name, reluctantly,
[01:10:51.000 --> 01:10:56.000]  and the other judge's name, reluctantly, and I had to leave.
[01:10:56.000 --> 01:11:01.000]  Okay, so all you need to do now is file us a verified affidavit
[01:11:01.000 --> 01:11:08.000]  with your case information stating that you made an appearance on such-and-such date,
[01:11:08.000 --> 01:11:13.000]  challenged the jurisdiction and the administrative standing in the record,
[01:11:13.000 --> 01:11:18.000]  and they refused to conduct a proceeding under a judicial review
[01:11:18.000 --> 01:11:20.000]  rather than an administrative review.
[01:11:20.000 --> 01:11:22.000]  Get that filed.
[01:11:22.000 --> 01:11:23.000]  But this was not on the record.
[01:11:23.000 --> 01:11:24.000]  This is not even a court of record.
[01:11:24.000 --> 01:11:25.000]  I understand that.
[01:11:25.000 --> 01:11:28.000]  So you're going to make one with this affidavit.
[01:11:28.000 --> 01:11:30.000]  That's the point.
[01:11:30.000 --> 01:11:31.000]  Okay.
[01:11:31.000 --> 01:11:37.000]  And do I – so I do not then – I was thinking of mailing it to the same location where –
[01:11:37.000 --> 01:11:41.000]  You do mail it certified, return receipt.
[01:11:41.000 --> 01:11:45.000]  To the same location that the ticket is supposed to be mailed to if you're not guilty, please?
[01:11:45.000 --> 01:11:46.000]  Correct.
[01:11:46.000 --> 01:11:47.000]  Yes.
[01:11:47.000 --> 01:11:48.000]  Okay.
[01:11:48.000 --> 01:11:51.000]  And do not mail in that ticket and do not mail any form.
[01:11:51.000 --> 01:11:55.000]  Did they – did they end up entering that form for you into the case?
[01:11:55.000 --> 01:11:56.000]  No.
[01:11:56.000 --> 01:11:57.000]  Good.
[01:11:57.000 --> 01:11:59.000]  The form, they gave it to me back.
[01:11:59.000 --> 01:12:00.000]  Okay.
[01:12:00.000 --> 01:12:01.000]  Listen carefully.
[01:12:01.000 --> 01:12:02.000]  Okay.
[01:12:02.000 --> 01:12:07.000]  Listen to this and let's not get into a long-winded discussion on what isn't happening anymore.
[01:12:07.000 --> 01:12:13.000]  Do the affidavit, just like I described, and if you don't remember, go back and download the archive when we're done.
[01:12:13.000 --> 01:12:14.000]  And listen to what I said.
[01:12:14.000 --> 01:12:15.000]  Get the affidavit done.
[01:12:15.000 --> 01:12:18.000]  File two copies of the affidavit.
[01:12:18.000 --> 01:12:19.000]  Do not send your original.
[01:12:19.000 --> 01:12:22.000]  You keep originals of all affidavits.
[01:12:22.000 --> 01:12:24.000]  Never give away your original.
[01:12:24.000 --> 01:12:25.000]  Okay?
[01:12:25.000 --> 01:12:27.000]  And do not even send a copy of a ticket.
[01:12:27.000 --> 01:12:29.000]  Don't send a copy of the ticket.
[01:12:29.000 --> 01:12:30.000]  Don't send a copy of your license.
[01:12:30.000 --> 01:12:34.000]  Don't send any of that.
[01:12:34.000 --> 01:12:35.000]  Okay.
[01:12:35.000 --> 01:12:36.000]  Okay?
[01:12:36.000 --> 01:12:43.000]  You simply write down any other related numbers they've got so they know what it attaches to and say,
[01:12:43.000 --> 01:12:45.000]  look, I'm not agreeing or consenting to anything.
[01:12:45.000 --> 01:12:47.000]  I object to everything.
[01:12:47.000 --> 01:12:49.000]  I'm not playing your game.
[01:12:49.000 --> 01:12:52.000]  I asked for this in a judicial proceeding.
[01:12:52.000 --> 01:12:53.000]  You refused.
[01:12:53.000 --> 01:12:56.000]  That constitutes a bill of pains and penalties.
[01:12:56.000 --> 01:12:57.000]  Okay?
[01:12:57.000 --> 01:12:59.000]  I spoke to an attorney as I was coming out.
[01:12:59.000 --> 01:13:06.000]  There was an attorney there, and they're saying that since Parking Violations Bureau was created way back when,
[01:13:06.000 --> 01:13:12.000]  they technically don't have to, by me appearing there, I already grant them jurisdiction,
[01:13:12.000 --> 01:13:16.000]  even before I walked into the actual room by me being there.
[01:13:16.000 --> 01:13:17.000]  No.
[01:13:17.000 --> 01:13:23.000]  The moment you walked in and did not say you're there by special appearance, you waived personal jurisdiction.
[01:13:23.000 --> 01:13:26.000]  But you can't give them subject matter.
[01:13:26.000 --> 01:13:35.000]  And the question becomes, does parking apply to the public or to those engaged in commerce?
[01:13:35.000 --> 01:13:38.000]  So what exactly do I write in my affidavit?
[01:13:38.000 --> 01:13:43.000]  You're just going to simply write that you made an appearance, a special appearance there on such-and-such date
[01:13:43.000 --> 01:13:47.000]  and such-and-such time to challenge their jurisdiction and...
[01:13:47.000 --> 01:13:50.000]  Special appearance is very important that you put that.
[01:13:50.000 --> 01:13:57.000]  And to challenge the jurisdiction that you were not engaged in any activity over which they could regulate.
[01:13:57.000 --> 01:13:59.000]  You do not consent.
[01:13:59.000 --> 01:14:03.000]  You object to all proceedings in all cases.
[01:14:03.000 --> 01:14:09.000]  Basically, everything has statements of fact about what happened and what you refused to do.
[01:14:09.000 --> 01:14:12.000]  Then send it in, certified mail return receipt requested.
[01:14:12.000 --> 01:14:17.000]  If they try to penalize you for it later, you can prove that, hey, I was there.
[01:14:17.000 --> 01:14:21.000]  You refused to provide me with that and make sure that's stated in the affidavit.
[01:14:21.000 --> 01:14:26.000]  You refused to provide me with a judicial proceeding.
[01:14:26.000 --> 01:14:27.000]  No.
[01:14:27.000 --> 01:14:28.000]  Is that the technical?
[01:14:28.000 --> 01:14:30.000]  Because I never actually asked for a judicial proceeding.
[01:14:30.000 --> 01:14:32.000]  I only asked for oath of office or is that one and the same?
[01:14:32.000 --> 01:14:35.000]  No, it's not one and the same.
[01:14:35.000 --> 01:14:39.000]  Because all I asked was for oath of office and for letter of appointment.
[01:14:39.000 --> 01:14:41.000]  And again, this was not...
[01:14:41.000 --> 01:14:42.000]  For who?
[01:14:42.000 --> 01:14:45.000]  Recorded from the judge when I walked into the judge.
[01:14:45.000 --> 01:14:50.000]  First off, 10 to 1 odds, this ain't no judge.
[01:14:50.000 --> 01:14:51.000]  Okay?
[01:14:51.000 --> 01:14:54.000]  It's not even close to a judge.
[01:14:54.000 --> 01:15:03.000]  They're about as much a judge as the guy at the fair who governs the pie-eating contest.
[01:15:03.000 --> 01:15:05.000]  Okay?
[01:15:05.000 --> 01:15:08.000]  It's an administrative proceeding.
[01:15:08.000 --> 01:15:10.000]  This ain't no judge.
[01:15:10.000 --> 01:15:12.000]  Well, they refer to them as an administrative law judge.
[01:15:12.000 --> 01:15:19.000]  Well, that's what they can call them, but that does not make them an actual valid judge.
[01:15:19.000 --> 01:15:21.000]  They can call them Humpty Dumpty.
[01:15:21.000 --> 01:15:25.000]  That doesn't make them an egg.
[01:15:25.000 --> 01:15:26.000]  Right.
[01:15:26.000 --> 01:15:30.000]  Now, is that true just the fact that New York City way back when legally created this part of the bureau?
[01:15:30.000 --> 01:15:31.000]  No.
[01:15:31.000 --> 01:15:32.000]  No.
[01:15:32.000 --> 01:15:36.000]  Jurisdiction doesn't work based upon how long you've been around.
[01:15:36.000 --> 01:15:37.000]  No, no, no.
[01:15:37.000 --> 01:15:41.000]  But at that time, apparently, it was done in a legal way.
[01:15:41.000 --> 01:15:43.000]  There is no such legal way.
[01:15:43.000 --> 01:15:48.000]  Either jurisdiction exists or it doesn't.
[01:15:48.000 --> 01:15:51.000]  Now, is there a law that they require to prove it once it's challenged?
[01:15:51.000 --> 01:15:52.000]  Because they're saying...
[01:15:52.000 --> 01:15:53.000]  Yes.
[01:15:53.000 --> 01:15:57.000]  There's case law that says very clearly it's required to be proven once it's challenged on the record.
[01:15:57.000 --> 01:16:00.000]  See, this attorney is telling me that is only true for courts of record.
[01:16:00.000 --> 01:16:04.000]  Yeah, you're talking to the guy that makes his living telling other people a bunch of lies,
[01:16:04.000 --> 01:16:06.000]  and now you want to go and believe him.
[01:16:06.000 --> 01:16:07.000]  No, no, no.
[01:16:07.000 --> 01:16:08.000]  Not at all.
[01:16:08.000 --> 01:16:09.000]  I want to know the truth myself.
[01:16:09.000 --> 01:16:10.000]  Well, but that's what I'm saying.
[01:16:10.000 --> 01:16:13.000]  Don't give credence to what he said just because he's an attorney.
[01:16:13.000 --> 01:16:15.000]  He is a part of the system.
[01:16:15.000 --> 01:16:19.000]  He's not about to buck it.
[01:16:19.000 --> 01:16:23.000]  If you want to know, you need to research the New York case law on the subject.
[01:16:23.000 --> 01:16:31.000]  Now, I know that, okay, if you just walk in there and show them your driver's license like they ask you to,
[01:16:31.000 --> 01:16:36.000]  or fill out that form, you are waiving your objections to impersonal jurisdiction.
[01:16:36.000 --> 01:16:38.000]  You're waiving your objections to it.
[01:16:38.000 --> 01:16:42.000]  But whether they have subject matter jurisdiction or not, you can't give it to them.
[01:16:42.000 --> 01:16:45.000]  They either have it or they don't, depending on the fact pattern.
[01:16:45.000 --> 01:16:49.000]  Okay, so just by being there, it doesn't mean that they have jurisdiction.
[01:16:49.000 --> 01:16:54.000]  But if you don't appear by special appearance, then you're objecting.
[01:16:54.000 --> 01:16:58.000]  I mean, you're waiving your objections to impersonal jurisdiction.
[01:16:58.000 --> 01:17:00.000]  We'll be right back.
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[01:19:01.000 --> 01:19:14.000]  This is the Logos Radio Network.
[01:19:14.000 --> 01:19:34.000]  All right, folks, we are back.
[01:19:34.000 --> 01:19:36.000]  This is Rule of Law Radio.
[01:19:36.000 --> 01:19:38.000]  All right, we're going to finish up really quick with Gary.
[01:19:38.000 --> 01:19:41.000]  Gary, one question before we get any further into this.
[01:19:41.000 --> 01:19:46.000]  Did you or did you not ever appear and say,
[01:19:46.000 --> 01:19:51.000]  I am here by special appearance to reserve or I reserve my right
[01:19:51.000 --> 01:19:55.000]  to special appearance to challenge the jurisdiction of this so-called court?
[01:19:55.000 --> 01:19:57.000]  Yes, I said that right away.
[01:19:57.000 --> 01:20:01.000]  I said, I'm here by special appearance to challenge the jurisdiction of the court.
[01:20:01.000 --> 01:20:03.000]  That's the first thing that was out of my mouth.
[01:20:03.000 --> 01:20:04.000]  Okay.
[01:20:04.000 --> 01:20:06.000]  And then the judge did not hear me.
[01:20:06.000 --> 01:20:08.000]  What do you mean she didn't hear you?
[01:20:08.000 --> 01:20:09.000]  He didn't hear you.
[01:20:09.000 --> 01:20:14.000]  He did not hear me because he said place the form that was filled out.
[01:20:14.000 --> 01:20:16.000]  No, he heard you unless you were talking very low.
[01:20:16.000 --> 01:20:20.000]  He just chose to ignore you to see if he could get by it.
[01:20:20.000 --> 01:20:21.000]  Oh, man.
[01:20:21.000 --> 01:20:26.000]  I repeated second time with the same voice, and that's when he really got upset,
[01:20:26.000 --> 01:20:29.000]  especially when I said I would like to see your Office of Office
[01:20:29.000 --> 01:20:32.000]  and your letter of appointment followed by what you just said.
[01:20:32.000 --> 01:20:34.000]  I'm here by special appearance to challenge jurisdiction.
[01:20:34.000 --> 01:20:35.000]  Right.
[01:20:35.000 --> 01:20:39.000]  So he right away said you're going to have to see the senior judge.
[01:20:39.000 --> 01:20:40.000]  Okay.
[01:20:40.000 --> 01:20:42.000]  And then when I went to see the senior judge,
[01:20:42.000 --> 01:20:45.000]  she was also upset not to the same extent,
[01:20:45.000 --> 01:20:49.000]  but she was also upset saying we are not here to answer questions to you
[01:20:49.000 --> 01:20:52.000]  and we cannot provide you what you're asking.
[01:20:52.000 --> 01:20:53.000]  Okay.
[01:20:53.000 --> 01:20:56.000]  So she's basically admitting if you're challenging jurisdiction we have done,
[01:20:56.000 --> 01:20:59.000]  that's why we can't provide you with anything.
[01:20:59.000 --> 01:21:00.000]  Well, she didn't say that.
[01:21:00.000 --> 01:21:05.000]  It doesn't matter what she didn't say, or I'm sorry, in this case it does.
[01:21:05.000 --> 01:21:08.000]  That's all you asked for, was it not?
[01:21:08.000 --> 01:21:10.000]  Yes, that's all I asked for.
[01:21:10.000 --> 01:21:11.000]  Okay.
[01:21:11.000 --> 01:21:14.000]  And then she goes, we can't give that to you.
[01:21:14.000 --> 01:21:16.000]  How much of an answer do you want?
[01:21:16.000 --> 01:21:17.000]  Right.
[01:21:17.000 --> 01:21:20.000]  There was about 10 people that heard this,
[01:21:20.000 --> 01:21:26.000]  and two of them I asked to send me an email stating exactly what they heard,
[01:21:26.000 --> 01:21:27.000]  and I was hoping to hear.
[01:21:27.000 --> 01:21:30.000]  So what you can do is get them to sign as witnesses on your affidavit
[01:21:30.000 --> 01:21:32.000]  if you can get contact information from them,
[01:21:32.000 --> 01:21:35.000]  but you want to have their signatures notarized when you do it.
[01:21:35.000 --> 01:21:37.000]  So when you do your affidavit,
[01:21:37.000 --> 01:21:40.000]  set up signature blocks for each person you're going to have sign it
[01:21:40.000 --> 01:21:43.000]  with a separate notary block for each signature.
[01:21:43.000 --> 01:21:49.000]  That way they don't have to all go to the same notary to get notarized.
[01:21:49.000 --> 01:21:54.000]  Each person can sign individually in front of a different notary as a witness
[01:21:54.000 --> 01:21:58.000]  that, yeah, I witnessed these facts.
[01:21:58.000 --> 01:21:59.000]  All right.
[01:21:59.000 --> 01:22:01.000]  And okay.
[01:22:01.000 --> 01:22:02.000]  All right.
[01:22:02.000 --> 01:22:05.000]  I just usually when I did my writing,
[01:22:05.000 --> 01:22:07.000]  I at least included my driver's license number,
[01:22:07.000 --> 01:22:08.000]  but you're saying do not do that.
[01:22:08.000 --> 01:22:11.000]  I didn't include the actual copy, but I included at least a number just for...
[01:22:11.000 --> 01:22:13.000]  Yeah, don't do that.
[01:22:13.000 --> 01:22:14.000]  Okay.
[01:22:14.000 --> 01:22:16.000]  This is not about your driver's license,
[01:22:16.000 --> 01:22:23.000]  and if you do that, then we're right back full circle to jurisdiction for transportation.
[01:22:23.000 --> 01:22:24.000]  All right.
[01:22:24.000 --> 01:22:25.000]  It's just that they have no...
[01:22:25.000 --> 01:22:27.000]  Because he didn't get a chance to enter.
[01:22:27.000 --> 01:22:28.000]  Like after you...
[01:22:28.000 --> 01:22:31.000]  He says raise your right to say that to...
[01:22:31.000 --> 01:22:33.000]  You're going to say the truth, nothing but the truth.
[01:22:33.000 --> 01:22:34.000]  I didn't get to that point with him.
[01:22:34.000 --> 01:22:36.000]  I was about to,
[01:22:36.000 --> 01:22:40.000]  and that's the point where he enters the information on this form into the computer.
[01:22:40.000 --> 01:22:41.000]  That did not happen.
[01:22:41.000 --> 01:22:43.000]  Good.
[01:22:43.000 --> 01:22:46.000]  So they don't have a record even there.
[01:22:46.000 --> 01:22:50.000]  That's why you're going to make one with the affidavit.
[01:22:50.000 --> 01:22:52.000]  Okay.
[01:22:52.000 --> 01:22:54.000]  The affidavit is going to different guys, though.
[01:22:54.000 --> 01:22:55.000]  It's not going to go to them.
[01:22:55.000 --> 01:22:58.000]  It's going to go to the city, to the...
[01:22:58.000 --> 01:23:01.000]  Just do yourself a favor and send you one to both.
[01:23:01.000 --> 01:23:06.000]  Go find out what the mailing address is to that office or judge or whatever,
[01:23:06.000 --> 01:23:11.000]  and send it one to where the ticket tells you and one to where you went.
[01:23:11.000 --> 01:23:12.000]  Okay.
[01:23:12.000 --> 01:23:16.000]  And make sure they're both sent certified mail return receipt requested
[01:23:16.000 --> 01:23:20.000]  so you can prove they were received by someone on the premises.
[01:23:20.000 --> 01:23:22.000]  And my next steps after that would be...
[01:23:22.000 --> 01:23:25.000]  Wait.
[01:23:25.000 --> 01:23:28.000]  Because by that time they're probably going to enter the $10 penalty
[01:23:28.000 --> 01:23:29.000]  because it's going to be more than 30 days.
[01:23:29.000 --> 01:23:33.000]  It won't make any difference if you don't wind up paying any of it, will it?
[01:23:33.000 --> 01:23:34.000]  No, not at all.
[01:23:34.000 --> 01:23:38.000]  But they could just ignore this and continue because I spoke with them...
[01:23:38.000 --> 01:23:39.000]  Well, that's true.
[01:23:39.000 --> 01:23:42.000]  But at the same time, if they never get a valid judgment against you
[01:23:42.000 --> 01:23:45.000]  and you've challenged it within their timeframe
[01:23:45.000 --> 01:23:50.000]  and they've done nothing to respect your challenge like they told you they would
[01:23:50.000 --> 01:23:53.000]  if you did it, well, then yours is not the one with the problem.
[01:23:53.000 --> 01:23:55.000]  Theirs is.
[01:23:55.000 --> 01:23:58.000]  This just appears to be such a gigantic scam.
[01:23:58.000 --> 01:24:00.000]  It is.
[01:24:00.000 --> 01:24:01.000]  Okay.
[01:24:01.000 --> 01:24:03.000]  Because we're not talking about like a small city somewhere.
[01:24:03.000 --> 01:24:04.000]  This is New York City.
[01:24:04.000 --> 01:24:10.000]  Well, believe me, New York has been around longer than just about any of them.
[01:24:10.000 --> 01:24:14.000]  Why do you think they're not bigger and better at scamming than anybody else?
[01:24:14.000 --> 01:24:16.000]  Yeah, the bigger the city, the bigger the scam.
[01:24:16.000 --> 01:24:21.000]  And the older the city, the bigger and more sophisticated the scam
[01:24:21.000 --> 01:24:23.000]  because they've had a longer time.
[01:24:23.000 --> 01:24:25.000]  And the dirtier the people in charge of it.
[01:24:25.000 --> 01:24:26.000]  You better believe it.
[01:24:26.000 --> 01:24:27.000]  Yes.
[01:24:27.000 --> 01:24:31.000]  I'm just saying that people don't see through it at all.
[01:24:31.000 --> 01:24:34.000]  I don't know.
[01:24:34.000 --> 01:24:38.000]  Welcome to planet Earth.
[01:24:38.000 --> 01:24:42.000]  All right, Gary, get that done with the affidavit, ASAP.
[01:24:42.000 --> 01:24:43.000]  Thank you so much.
[01:24:43.000 --> 01:24:44.000]  Thank you, Deborah.
[01:24:44.000 --> 01:24:45.000]  Thank you, Eddie.
[01:24:45.000 --> 01:24:46.000]  Of course.
[01:24:46.000 --> 01:24:47.000]  You're welcome.
[01:24:47.000 --> 01:24:48.000]  Bye-bye.
[01:24:48.000 --> 01:24:49.000]  Bye-bye.
[01:24:49.000 --> 01:24:50.000]  All right.
[01:24:50.000 --> 01:24:51.000]  Now we're going to go to Jim in Texas.
[01:24:51.000 --> 01:24:53.000]  And Jim is my last caller.
[01:24:53.000 --> 01:24:58.000]  I need some more because I'm still going to have a half an hour after this or real close to it.
[01:24:58.000 --> 01:24:59.000]  Jim, what can we do for you?
[01:24:59.000 --> 01:25:00.000]  Okay.
[01:25:00.000 --> 01:25:02.000]  I was driving in my automobile.
[01:25:02.000 --> 01:25:03.000]  You were what?
[01:25:03.000 --> 01:25:06.000]  I was traveling in my automobile to see the doctor.
[01:25:06.000 --> 01:25:18.000]  And an alleged police officer pulled me over and I parked completely off the road, not on the shoulder, but on the grass outside the shoulder.
[01:25:18.000 --> 01:25:29.000]  And he wrote me a citation for no driver's license, no proof of insurance, no vehicle registration, and no inspection sticker.
[01:25:29.000 --> 01:25:32.000]  Can he lawfully put me in jail for those?
[01:25:32.000 --> 01:25:33.000]  No.
[01:25:33.000 --> 01:25:34.000]  Okay.
[01:25:34.000 --> 01:25:39.000]  He can't lawfully put you in jail at all without a commitment order from a judge.
[01:25:39.000 --> 01:25:44.000]  And then that is directed to the sheriff, not a municipal police officer.
[01:25:44.000 --> 01:25:45.000]  Okay.
[01:25:45.000 --> 01:25:52.000]  So then also then could he lawfully have my automobile towed?
[01:25:52.000 --> 01:25:53.000]  No.
[01:25:53.000 --> 01:25:54.000]  Okay.
[01:25:54.000 --> 01:26:02.000]  So that'd be criminal charges in for trespass on my right to travel, trespass on due process.
[01:26:02.000 --> 01:26:04.000]  Okay, wait, wait, wait, wait.
[01:26:04.000 --> 01:26:09.000]  This is not about the right to travel until you're suing them later.
[01:26:09.000 --> 01:26:10.000]  Okay.
[01:26:10.000 --> 01:26:14.000]  This is about not engaged in transportation.
[01:26:14.000 --> 01:26:15.000]  Okay.
[01:26:15.000 --> 01:26:16.000]  Okay.
[01:26:16.000 --> 01:26:19.000]  Completely different argument.
[01:26:19.000 --> 01:26:20.000]  Okay.
[01:26:20.000 --> 01:26:23.000]  You're wanting to fight fire with water.
[01:26:23.000 --> 01:26:26.000]  That does not work in law.
[01:26:26.000 --> 01:26:31.000]  You have to fight fire with counter fire.
[01:26:31.000 --> 01:26:32.000]  Okay.
[01:26:32.000 --> 01:26:39.000]  So everything they assert as positive, you assert as a negative.
[01:26:39.000 --> 01:26:43.000]  Their assertion is engaged in transportation.
[01:26:43.000 --> 01:26:49.000]  Your assertion in rebuttal is not engaged in transportation, the exact opposite.
[01:26:49.000 --> 01:26:51.000]  Yeah, I've done that.
[01:26:51.000 --> 01:26:52.000]  Okay.
[01:26:52.000 --> 01:26:53.000]  I've done that.
[01:26:53.000 --> 01:26:54.000]  Yeah.
[01:26:54.000 --> 01:26:56.000]  And that is how it works the whole way through.
[01:26:56.000 --> 01:27:01.000]  That's why there's eight deadly sins associated with transportation, which the transportation
[01:27:01.000 --> 01:27:04.000]  cross-examination script deals with.
[01:27:04.000 --> 01:27:10.000]  That's why everything is an objection to any use of the eight deadly sins in relation to
[01:27:10.000 --> 01:27:14.000]  what you're doing, regardless of whose mouth it comes out of.
[01:27:14.000 --> 01:27:15.000]  Yeah.
[01:27:15.000 --> 01:27:18.000]  And as soon as I said objection, overruled.
[01:27:18.000 --> 01:27:19.000]  That's okay.
[01:27:19.000 --> 01:27:20.000]  We don't care that you're overruled.
[01:27:20.000 --> 01:27:24.000]  We only care about making the record and keeping it on track.
[01:27:24.000 --> 01:27:30.000]  Because even if you're in a court of no record, that's your practice for the court of record.
[01:27:30.000 --> 01:27:31.000]  Uh-huh.
[01:27:31.000 --> 01:27:38.000]  We do not go to trial anywhere ever at the original jurisdiction level in a transportation
[01:27:38.000 --> 01:27:41.000]  case expecting to win.
[01:27:41.000 --> 01:27:42.000]  Right.
[01:27:42.000 --> 01:27:43.000]  Right.
[01:27:43.000 --> 01:27:44.000]  Okay.
[01:27:44.000 --> 01:27:46.000]  Another question on there.
[01:27:46.000 --> 01:27:55.000]  My roommate was picked up for traffic warrants and he is serving time in jail on him now.
[01:27:55.000 --> 01:27:57.000]  So much a day to pay him off.
[01:27:57.000 --> 01:27:59.000]  Were they all Class Cs?
[01:27:59.000 --> 01:28:00.000]  Yes.
[01:28:00.000 --> 01:28:03.000]  And he hasn't been convicted?
[01:28:03.000 --> 01:28:05.000]  I'm not sure.
[01:28:05.000 --> 01:28:11.000]  All I know is he said he had been picked up on warrants on there.
[01:28:11.000 --> 01:28:12.000]  Okay.
[01:28:12.000 --> 01:28:14.000]  Well, there's two ways that can be working, possibly three.
[01:28:14.000 --> 01:28:17.000]  But let's cover the two for sure.
[01:28:17.000 --> 01:28:25.000]  One, he went to trial, he got convicted, and he did nothing, including pay, in which case
[01:28:25.000 --> 01:28:29.000]  they turned to warrants because he failed to pay the judgment.
[01:28:29.000 --> 01:28:30.000]  Uh-huh.
[01:28:30.000 --> 01:28:36.000]  Now, the problem is that is completely a violation of due process.
[01:28:36.000 --> 01:28:38.000]  And here's why.
[01:28:38.000 --> 01:28:42.000]  They denied you assistance of counsel at the original trial.
[01:28:42.000 --> 01:28:48.000]  Therefore, you did not have assistance of counsel to beat the conviction.
[01:28:48.000 --> 01:28:55.000]  They say they do that because incarceration is not a possible part of the penalty.
[01:28:55.000 --> 01:29:05.000]  Yet, if you fail to pay the penalty in relation to the conviction, then even though you never
[01:29:05.000 --> 01:29:12.000]  had assistance of a counsel to avoid the conviction, now they can throw you in jail.
[01:29:12.000 --> 01:29:14.000]  Something doesn't add up.
[01:29:14.000 --> 01:29:15.000]  Yeah.
[01:29:15.000 --> 01:29:16.000]  Okay?
[01:29:16.000 --> 01:29:18.000]  Got you there.
[01:29:18.000 --> 01:29:25.000]  The second one is, is that he just didn't do anything the moment he got the ticket,
[01:29:25.000 --> 01:29:28.000]  in which case they filed failure to appear warrants.
[01:29:28.000 --> 01:29:29.000]  Uh-huh.
[01:29:29.000 --> 01:29:35.000]  Now, if they did that and they were all Class Cs, that's a problem also, according to the
[01:29:35.000 --> 01:29:38.000]  statutes, because there's no authority to issue a warrant for failure to appear for
[01:29:38.000 --> 01:29:42.000]  a Class C fine only, only for As and Bs.
[01:29:42.000 --> 01:29:43.000]  Hang on, Jim.
[01:29:43.000 --> 01:29:46.000]  We've got to take a break, but we'll pick this up on the other side, okay?
[01:29:46.000 --> 01:29:47.000]  All right, folks.
[01:29:47.000 --> 01:29:49.000]  This is Rule of Law Radio.
[01:29:49.000 --> 01:29:54.000]  I don't know if I have enough time, but I got 512-646-1984.
[01:29:54.000 --> 01:29:59.000]  We will be right back after this break.
[01:29:59.000 --> 01:30:05.000]  Your smartphone may be snooping on you as new applications turn these devices into
[01:30:05.000 --> 01:30:09.000]  stealthy spies, and the intelligence they gather is downright shocking.
[01:30:09.000 --> 01:30:11.000]  I'm Dr. Catherine Albrecht.
[01:30:11.000 --> 01:30:15.000]  I'll be back to explain how your phone may be taking liberties with your privacy.
[01:30:15.000 --> 01:30:20.000]  Your search engine is watching you, recording all your searches and creating a massive database
[01:30:20.000 --> 01:30:22.000]  of your personal information.
[01:30:22.000 --> 01:30:23.000]  That's creepy.
[01:30:23.000 --> 01:30:25.000]  But it doesn't have to be that way.
[01:30:25.000 --> 01:30:28.000]  Startpage.com is the world's most private search engine.
[01:30:28.000 --> 01:30:32.000]  Startpage doesn't store your IP address, make a record of your searches, or use
[01:30:32.000 --> 01:30:35.000]  tracking cookies, and they're third-party certified.
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[01:30:42.000 --> 01:30:45.000]  Startpage.com, the world's most private search engine.
[01:30:45.000 --> 01:30:47.000]  Lights, camera, action.
[01:30:47.000 --> 01:30:52.000]  Using certain smartphone applications could turn you into an unwitting star, and the
[01:30:52.000 --> 01:30:56.000]  set could be your kitchen, office, or even your bedroom.
[01:30:56.000 --> 01:31:00.000]  One such app called Color activates your phone's microphone to gather sound.
[01:31:00.000 --> 01:31:06.000]  It combines this with GPS coordinates and images from your camera to determine who is nearby.
[01:31:06.000 --> 01:31:09.000]  The idea is to generate impromptu social networks.
[01:31:09.000 --> 01:31:14.000]  While that's creepy, it's perfectly legal since you agree to this invasion when you download it.
[01:31:14.000 --> 01:31:18.000]  But even if you never plan to download Color, you should know that cell phones can be
[01:31:18.000 --> 01:31:20.000]  programmed to watch and listen.
[01:31:20.000 --> 01:31:23.000]  When you need total privacy, remove the battery.
[01:31:23.000 --> 01:31:25.000]  I'm Dr. Catherine Albrecht.
[01:31:25.000 --> 01:31:31.000]  More news and information at CatherineAlbrecht.com.
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[01:33:01.000 --> 01:33:12.000]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:33:12.000 --> 01:33:26.000]  All right, we are back.
[01:33:26.000 --> 01:33:28.000]  This is Rule of Law Radio.
[01:33:28.000 --> 01:33:32.000]  I am so tired I need to chug about a five-gallon bucket of Red Bull,
[01:33:32.000 --> 01:33:37.000]  but I figure if I did that, 10 minutes later I'd be able to see sounds.
[01:33:37.000 --> 01:33:40.000]  Okay, let's go to Jim again.
[01:33:40.000 --> 01:33:44.000]  Jim, let's see if we can wrap this up for you in a positive note.
[01:33:44.000 --> 01:33:46.000]  Okay.
[01:33:46.000 --> 01:33:54.000]  So if he's in jail, serving time on these, there is a possibility he decided to cut a deal also.
[01:33:54.000 --> 01:33:56.000]  That's the third possible option.
[01:33:56.000 --> 01:33:57.000]  Uh-huh.
[01:33:57.000 --> 01:34:01.000]  If he did that, well, ain't going to be a whole lot they can do if he volunteers into it.
[01:34:01.000 --> 01:34:03.000]  Right, right.
[01:34:03.000 --> 01:34:12.000]  Okay, now how does that relate to 42.06 of the Code of Criminal Procedure,
[01:34:12.000 --> 01:34:19.000]  where it says that all fines, bonds, fees, anything of a pecuniary nature
[01:34:19.000 --> 01:34:22.000]  shall be collected in lawful money of the United States only.
[01:34:22.000 --> 01:34:23.000]  Okay.
[01:34:23.000 --> 01:34:26.000]  Why does that apply to Federal Reserve notes?
[01:34:26.000 --> 01:34:34.000]  There's one word right there that makes it absolutely 100% viable to pay it in Federal Reserve notes.
[01:34:34.000 --> 01:34:36.000]  What is that term?
[01:34:36.000 --> 01:34:39.000]  Well, Federal Reserve notes are legal money, but they're not lawful money.
[01:34:39.000 --> 01:34:48.000]  Ah, you're speaking of legal or in lawful tender or dollars versus money.
[01:34:48.000 --> 01:34:50.000]  Okay.
[01:34:50.000 --> 01:34:53.000]  FRNs are money, not dollars.
[01:34:53.000 --> 01:34:54.000]  Okay.
[01:34:54.000 --> 01:35:02.000]  So it's perfectly legal to pay in the money of the United States the way it's currently set up.
[01:35:02.000 --> 01:35:08.000]  Now, what they do have a problem with is not anything in Chapter 45
[01:35:08.000 --> 01:35:13.000]  or in any part of Title I whatsoever, because according to the legislative website,
[01:35:13.000 --> 01:35:19.000]  Title I of the Code of Criminal Procedure has never been enacted into law by the legislature.
[01:35:19.000 --> 01:35:26.000]  However, Title II of the Code of Criminal Procedure absolutely has been enacted.
[01:35:26.000 --> 01:35:30.000]  And guess what little nuggets are in Title II.
[01:35:30.000 --> 01:35:31.000]  Okay.
[01:35:31.000 --> 01:35:42.000]  Title II says that every single judgment, fine, and fee must be put into an itemized bill.
[01:35:42.000 --> 01:35:50.000]  The bill must be signed by the officer that created the order, that means the judge,
[01:35:50.000 --> 01:35:56.000]  and it must be served on the person who is required to pay it.
[01:35:56.000 --> 01:36:00.000]  They cannot charge you for any service they did not provide,
[01:36:00.000 --> 01:36:05.000]  and they cannot charge you a fee that is not authorized in Title II by law
[01:36:05.000 --> 01:36:10.000]  or in excess of the amounts listed there by law.
[01:36:10.000 --> 01:36:12.000]  Okay.
[01:36:12.000 --> 01:36:19.000]  Now, I have never seen them give anybody an itemized bill.
[01:36:19.000 --> 01:36:24.000]  The other benefit of Title II is it says not a penny can be collected
[01:36:24.000 --> 01:36:29.000]  if that bill is not presented, signed by the proper officer.
[01:36:29.000 --> 01:36:34.000]  Uh-huh. Well, that's very good to know.
[01:36:34.000 --> 01:36:38.000]  Now that just trumps all, get out all over 45.
[01:36:38.000 --> 01:36:42.000]  Oh, yes. Oh, yes.
[01:36:42.000 --> 01:36:49.000]  In reference to your previous caller on his time received on there,
[01:36:49.000 --> 01:36:54.000]  I don't remember which section of the Uniform Commercial Code,
[01:36:54.000 --> 01:36:59.000]  but if the state has adopted the Uniform Commercial Code, it is in there.
[01:36:59.000 --> 01:37:06.000]  Anything that is mailed is deemed to have been received the same day it is mailed.
[01:37:06.000 --> 01:37:11.000]  Yes, and the statutes under the Code of Criminal Procedure say the same thing.
[01:37:11.000 --> 01:37:14.000]  The day it's postmarked is the day it's deemed to be received.
[01:37:14.000 --> 01:37:15.000]  That's right.
[01:37:15.000 --> 01:37:19.000]  So if he would have wanted to mail it by the 30th,
[01:37:19.000 --> 01:37:23.000]  he could have saved himself a personal appearance as long as it's postmarked by that.
[01:37:23.000 --> 01:37:24.000]  Yeah, exactly.
[01:37:24.000 --> 01:37:27.000]  And it can be any time, it doesn't even have to be by close of business.
[01:37:27.000 --> 01:37:29.000]  It can be any time up until midnight.
[01:37:29.000 --> 01:37:33.000]  Oh, yes, yes.
[01:37:33.000 --> 01:37:36.000]  But since it already made the personal appearance, I didn't,
[01:37:36.000 --> 01:37:38.000]  I wasn't going to go into all that with him, but you are correct.
[01:37:38.000 --> 01:37:40.000]  Yeah, okay.
[01:37:40.000 --> 01:37:47.000]  Title 27, United States Code Section 72.11.
[01:37:47.000 --> 01:37:50.000]  All crimes are commercial.
[01:37:50.000 --> 01:37:54.000]  And in there are a list of crimes on there.
[01:37:54.000 --> 01:38:00.000]  See, crimes against revenue laws, counterfeiting, kidnapping, rape, armed robbery, burglary.
[01:38:00.000 --> 01:38:03.000]  Yeah, why are they commercial?
[01:38:03.000 --> 01:38:09.000]  As far as I can tell, it's because they are the rules of the United States of America Corporation.
[01:38:09.000 --> 01:38:10.000]  No, think about it.
[01:38:10.000 --> 01:38:17.000]  Every single one of them is for the purpose of trafficking in goods for profit.
[01:38:17.000 --> 01:38:22.000]  Every single thing you just said has to do with the transfer of property for money.
[01:38:22.000 --> 01:38:24.000]  Okay.
[01:38:24.000 --> 01:38:32.000]  Burglary, drug running, kidnapping, everything.
[01:38:32.000 --> 01:38:34.000]  It's all motivated counterfeiting.
[01:38:34.000 --> 01:38:37.000]  It's all motivated by money, i.e., it's all commercial.
[01:38:37.000 --> 01:38:38.000]  Even rape?
[01:38:38.000 --> 01:38:40.000]  I thought that was listed.
[01:38:40.000 --> 01:38:45.000]  Well, how does rape figure into it?
[01:38:45.000 --> 01:38:51.000]  Think about that real hard and it might actually come to you.
[01:38:51.000 --> 01:38:54.000]  What is a possible outcome of rape?
[01:38:54.000 --> 01:38:55.000]  Oh, okay.
[01:38:55.000 --> 01:38:56.000]  Okay.
[01:38:56.000 --> 01:38:57.000]  Pregnancy.
[01:38:57.000 --> 01:38:58.000]  There you go.
[01:38:58.000 --> 01:39:03.000]  Therefore, you are generating revenue by increasing the workforce in the human resource pool.
[01:39:03.000 --> 01:39:05.000]  Jim, what did I tell you?
[01:39:05.000 --> 01:39:06.000]  I think you called the other day.
[01:39:06.000 --> 01:39:07.000]  Yes.
[01:39:07.000 --> 01:39:08.000]  Okay.
[01:39:08.000 --> 01:39:17.000]  When I was talking about the commercial nature of crimes, I said the only laws that you are subject to
[01:39:17.000 --> 01:39:24.000]  or that apply to you whether or not you agree to it are common law crimes.
[01:39:24.000 --> 01:39:26.000]  Rape is assault.
[01:39:26.000 --> 01:39:27.000]  Okay.
[01:39:27.000 --> 01:39:33.000]  It is a common law crime regardless of whether the woman gets pregnant and generates another member of the
[01:39:33.000 --> 01:39:36.000]  workforce to generate revenue for the state.
[01:39:36.000 --> 01:39:39.000]  Yeah, but what he's getting at, Debra, is a federal statute.
[01:39:39.000 --> 01:39:40.000]  Okay.
[01:39:40.000 --> 01:39:41.000]  It's assault.
[01:39:41.000 --> 01:39:42.000]  It's a common law crime.
[01:39:42.000 --> 01:39:48.000]  And so that statute applies to somebody whether or not they agree to it.
[01:39:48.000 --> 01:39:50.000]  It's not a commercial crime.
[01:39:50.000 --> 01:39:52.000]  It's not a commercial regulation.
[01:39:52.000 --> 01:39:58.000]  What he's getting at, though, is that the federal government has defined rape specifically in that section as a commercial crime.
[01:39:58.000 --> 01:40:01.000]  It's not that he's deciding it is or wants it to be.
[01:40:01.000 --> 01:40:04.000]  The statute he's referring to says it is.
[01:40:04.000 --> 01:40:07.000]  Well, that is in general a state crime anyway.
[01:40:07.000 --> 01:40:09.000]  All right?
[01:40:09.000 --> 01:40:12.000]  I mean, things like murder and assault and rape.
[01:40:12.000 --> 01:40:14.000]  Well, I agree they're common law crimes.
[01:40:14.000 --> 01:40:18.000]  But they are in general state common law crimes.
[01:40:18.000 --> 01:40:28.000]  And so what I'm saying is that if the feds are putting it under some kind of a commercial statute,
[01:40:28.000 --> 01:40:34.000]  then that's just an additional outcome of that activity.
[01:40:34.000 --> 01:40:35.000]  Well, I agree.
[01:40:35.000 --> 01:40:36.000]  I'm not arguing against that at all.
[01:40:36.000 --> 01:40:46.000]  Okay, but just because it's in the federal commercial statute does not negate the fact that it's still a common law crime because it's assault.
[01:40:46.000 --> 01:40:47.000]  Okay?
[01:40:47.000 --> 01:40:51.000]  So it's just that not only is it a common law crime because it's assault,
[01:40:51.000 --> 01:40:56.000]  but now you could potentially also be in violation of some commercial regulatory scheme as well.
[01:40:56.000 --> 01:41:05.000]  Well, anytime they can charge you a fine or a fee on top of the time, it becomes a commercial crime.
[01:41:05.000 --> 01:41:10.000]  Okay, so then I guess it could be argued that it's both, but it's still assault.
[01:41:10.000 --> 01:41:11.000]  Okay?
[01:41:11.000 --> 01:41:15.000]  You're assaulting somebody, and that is not okay.
[01:41:15.000 --> 01:41:16.000]  Okay?
[01:41:16.000 --> 01:41:17.000]  You're damaging their body.
[01:41:17.000 --> 01:41:20.000]  You're damaging their physical body.
[01:41:20.000 --> 01:41:26.000]  I mean, you're not even allowed to touch somebody if they don't want you to.
[01:41:26.000 --> 01:41:28.000]  That is a common law crime.
[01:41:28.000 --> 01:41:33.000]  If you just come up to somebody and put your arm around them, if they don't want you to do that,
[01:41:33.000 --> 01:41:35.000]  that is assault.
[01:41:35.000 --> 01:41:36.000]  Okay?
[01:41:36.000 --> 01:41:39.000]  So you've got to be careful about dealing with people's bodies at all.
[01:41:39.000 --> 01:41:40.000]  All right?
[01:41:40.000 --> 01:41:42.000]  You've got to make sure that they have your permission.
[01:41:42.000 --> 01:41:51.000]  I mean, it's just not advisable to even enter their personal space as far as within arm's length reach of them.
[01:41:51.000 --> 01:41:56.000]  I mean, if you speak to somebody in a threatening manner, that's verbal assault.
[01:41:56.000 --> 01:41:57.000]  That's still assault.
[01:41:57.000 --> 01:41:58.000]  That's a common law crime too.
[01:41:58.000 --> 01:42:00.000]  So assault is a big deal.
[01:42:00.000 --> 01:42:01.000]  All right?
[01:42:01.000 --> 01:42:03.000]  And rape is absolutely, definitely an assault.
[01:42:03.000 --> 01:42:04.000]  All right?
[01:42:04.000 --> 01:42:07.000]  I use it on my eggs.
[01:42:07.000 --> 01:42:09.000]  You rape your eggs, Eddie?
[01:42:09.000 --> 01:42:10.000]  No.
[01:42:10.000 --> 01:42:11.000]  I use assault on it.
[01:42:11.000 --> 01:42:12.000]  Okay.
[01:42:12.000 --> 01:42:19.000]  I have the impression that assault was the verbal attack and battery is where you actually laid hands on them.
[01:42:19.000 --> 01:42:21.000]  Well, it's different in every state.
[01:42:21.000 --> 01:42:22.000]  Okay?
[01:42:22.000 --> 01:42:28.000]  Simple assault is simply any act of touching someone in a manner of which they find offensive.
[01:42:28.000 --> 01:42:37.000]  And then there's assault with bodily injury, which means that there is an identifiable marking or injury result that is visible to the eye.
[01:42:37.000 --> 01:42:44.000]  And then you have aggravated assault, which exceeds both of those because a deadly weapon was involved.
[01:42:44.000 --> 01:42:45.000]  Yes.
[01:42:45.000 --> 01:42:50.000]  And as far as battery is concerned, I mean, the definitions and the differences between assault and aggravated assault
[01:42:50.000 --> 01:42:55.000]  and battery and all these things are going to be slightly different definitions in different states.
[01:42:55.000 --> 01:43:02.000]  In some states, battery just means, like what Eddie was saying, it goes beyond a simple assault,
[01:43:02.000 --> 01:43:05.000]  but it's considered a regular assault because it leaves a mark.
[01:43:05.000 --> 01:43:08.000]  In some states, they call that battery.
[01:43:08.000 --> 01:43:16.000]  In some states, battery means the level of assault is so extreme that it requires medical treatments, okay,
[01:43:16.000 --> 01:43:20.000]  that you have to spend money on a doctor or go to a hospital or something like that,
[01:43:20.000 --> 01:43:23.000]  in which case rape absolutely would qualify as that.
[01:43:23.000 --> 01:43:25.000]  You have to get medical treatment for something like that.
[01:43:25.000 --> 01:43:31.000]  All right, and so that could be considered battery and rape, but those definitions are different in every state.
[01:43:31.000 --> 01:43:32.000]  Okay.
[01:43:32.000 --> 01:43:34.000]  Well, I appreciate your time.
[01:43:34.000 --> 01:43:36.000]  All right, Jim, thanks for calling in.
[01:43:36.000 --> 01:43:37.000]  Goodbye.
[01:43:37.000 --> 01:43:40.000]  All right, folks, this is Rule of Law Radio.
[01:43:40.000 --> 01:43:46.000]  I've got one segment left, and I've got two other callers left to get to, so I'll see if I can make that happen.
[01:43:46.000 --> 01:43:47.000]  So y'all hang on.
[01:43:47.000 --> 01:43:49.000]  We will be right back on the other side of this break.
[01:43:49.000 --> 01:43:51.000]  This is your host, Eddie Craig.
[01:43:51.000 --> 01:44:00.000]  We will return, so y'all don't go away.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Sorry.
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[01:44:07.000 --> 01:44:08.000]  What?
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[01:46:15.000 --> 01:46:30.000]  All right, folks, we are back.
[01:46:30.000 --> 01:46:32.000]  This is Rule of Law Radio.
[01:46:32.000 --> 01:46:35.000]  All right, I'm going to see if I can get Terrence in Ohio.
[01:46:35.000 --> 01:46:38.000]  Terrence, what can we do for you?
[01:46:38.000 --> 01:46:40.000]  Hey, good evening, Eddie.
[01:46:40.000 --> 01:46:42.000]  I got two questions.
[01:46:42.000 --> 01:46:45.000]  First question is, a friend of mine went to the hospital.
[01:46:45.000 --> 01:46:52.000]  He had some injuries, claimed he got hit by a car, but that really wasn't what happened.
[01:46:52.000 --> 01:46:56.000]  So he goes to the hospital on his own and tells the nurse, well, I got hit by a car.
[01:46:56.000 --> 01:46:58.000]  And she said, well, did you fill out a police report?
[01:46:58.000 --> 01:47:00.000]  And he says, yes, which he did not do.
[01:47:00.000 --> 01:47:10.000]  Then they called the police over, and the officer claims that he wants to charge him with a felony falsifying a police report,
[01:47:10.000 --> 01:47:13.000]  which he never filled out a police report or anything.
[01:47:13.000 --> 01:47:16.000]  But did he call the cops and report it?
[01:47:16.000 --> 01:47:17.000]  No.
[01:47:17.000 --> 01:47:19.000]  Okay.
[01:47:19.000 --> 01:47:25.000]  So the cops never came out to fill the report when he was hit or anything.
[01:47:25.000 --> 01:47:27.000]  He just told that to the nurse.
[01:47:27.000 --> 01:47:31.000]  The officer is claiming that because he told that to the nurse, then the nurse called the police,
[01:47:31.000 --> 01:47:36.000]  and the police showed up to the hospital claiming they want to file a felony police report claim on him.
[01:47:36.000 --> 01:47:38.000]  And I was wondering your opinion on that.
[01:47:38.000 --> 01:47:45.000]  Well, what are the elements of filing a false police report constituting a felony?
[01:47:45.000 --> 01:47:47.000]  I suppose you'd have to swear out a-
[01:47:47.000 --> 01:47:48.000]  Well, don't suppose.
[01:47:48.000 --> 01:47:52.000]  Read the statute, what it's for.
[01:47:52.000 --> 01:47:55.000]  Well, is it?
[01:47:55.000 --> 01:47:58.000]  No, is it?
[01:47:58.000 --> 01:47:59.000]  You there?
[01:47:59.000 --> 01:48:00.000]  Yeah, I'm here.
[01:48:00.000 --> 01:48:02.000]  Okay.
[01:48:02.000 --> 01:48:07.000]  Well, I just heard about it, so I haven't read the statute about false police reports or anything.
[01:48:07.000 --> 01:48:08.000]  Right?
[01:48:08.000 --> 01:48:12.000]  But that's where you're going to find the answer to your question, not in my head.
[01:48:12.000 --> 01:48:15.000]  I mean, I wish I had it all in there, but I don't.
[01:48:15.000 --> 01:48:19.000]  Hey, well, I was wondering, you know, if you had any experience with what your thoughts on that-
[01:48:19.000 --> 01:48:22.000]  Well, the fact is they have to prove the elements of the offense.
[01:48:22.000 --> 01:48:25.000]  So first, what are the elements?
[01:48:25.000 --> 01:48:28.000]  The only way you're going to know that's read the statute.
[01:48:28.000 --> 01:48:29.000]  Okay.
[01:48:29.000 --> 01:48:32.000]  And what I-do I look up false police report or police reports or-
[01:48:32.000 --> 01:48:39.000]  Well, it'll probably be something dealing with government records, but you can look under all the terms,
[01:48:39.000 --> 01:48:43.000]  falsifying a government record, tampering with a government record, filing a false report,
[01:48:43.000 --> 01:48:48.000]  filing a false police report, do a search on all of that.
[01:48:48.000 --> 01:48:49.000]  Okay, dope.
[01:48:49.000 --> 01:48:50.000]  Okay, we'll do that.
[01:48:50.000 --> 01:48:54.000]  And my second question is, like you talked about your court experience,
[01:48:54.000 --> 01:48:59.000]  the police officers are filing citations, which aren't actual complaints,
[01:48:59.000 --> 01:49:03.000]  but the judge is treating it as though it's a complaint to where if I went into court,
[01:49:03.000 --> 01:49:07.000]  I would have to sign an affidavit and complain, submit it to the prosecutor who would investigate it,
[01:49:07.000 --> 01:49:14.000]  then put out a warrant for the judge and make subpoena to the court.
[01:49:14.000 --> 01:49:19.000]  Is that the exact same process that a police officer should have to go through
[01:49:19.000 --> 01:49:26.000]  in order to submit a citation and have it go to trial?
[01:49:26.000 --> 01:49:28.000]  I'm not sure I follow that.
[01:49:28.000 --> 01:49:33.000]  The state can determine what constitutes a proper complaint, okay?
[01:49:33.000 --> 01:49:38.000]  If the citation doesn't meet that, then that's the first argument against it.
[01:49:38.000 --> 01:49:43.000]  If your state has specific laws that a complaint must contain certain information
[01:49:43.000 --> 01:49:51.000]  and a citation doesn't contain it and a complaint must be sworn to and this isn't sworn to,
[01:49:51.000 --> 01:49:54.000]  then what does that tell us?
[01:49:54.000 --> 01:49:59.000]  A citation can't be a valid complaint under your state's law, right?
[01:49:59.000 --> 01:50:00.000]  Correct.
[01:50:00.000 --> 01:50:06.000]  They try to use that same excuse here in Texas saying 27.14D allows them to do that.
[01:50:06.000 --> 01:50:12.000]  What they neglect to read on and find out is they have to have your consent to do that.
[01:50:12.000 --> 01:50:18.000]  And to get that consent, there must be a signed written waiver
[01:50:18.000 --> 01:50:22.000]  that both you and the prosecuting attorney have to sign and agree on,
[01:50:22.000 --> 01:50:28.000]  then file with the court in order for it to be that way.
[01:50:28.000 --> 01:50:30.000]  They can't just declare it.
[01:50:30.000 --> 01:50:34.000]  They have to have your consent here in Texas to do that.
[01:50:34.000 --> 01:50:35.000]  Okay, in Texas.
[01:50:35.000 --> 01:50:37.000]  And in Michigan, my daughter is going through this.
[01:50:37.000 --> 01:50:40.000]  At the bottom of the citation on the bottom right corner,
[01:50:40.000 --> 01:50:46.000]  it says under Public Act 300, compliance voluntary.
[01:50:46.000 --> 01:50:51.000]  Now, I don't know if the compliance is voluntary to the officer or to the accused.
[01:50:51.000 --> 01:50:59.000]  Well, who is placed under a duty to comply?
[01:50:59.000 --> 01:51:02.000]  What statute are we talking about?
[01:51:02.000 --> 01:51:11.000]  And who does it apply to when it says comply?
[01:51:11.000 --> 01:51:14.000]  Well, on the citation, compliance is voluntary.
[01:51:14.000 --> 01:51:19.000]  Well, but what is the citation for?
[01:51:19.000 --> 01:51:21.000]  No proof of insurance.
[01:51:21.000 --> 01:51:24.000]  No proof of insurance, okay.
[01:51:24.000 --> 01:51:32.000]  Does your state have rules in place that says insurance is voluntary?
[01:51:32.000 --> 01:51:36.000]  You know, reading through it, and I'm not at my computer now,
[01:51:36.000 --> 01:51:40.000]  but reading through it, I cannot find those exact words anywhere in it.
[01:51:40.000 --> 01:51:48.000]  Well, the thing is, is do you find any words that say must or shall?
[01:51:48.000 --> 01:51:50.000]  No, I've never seen those words.
[01:51:50.000 --> 01:51:53.000]  Okay, then that is what makes it voluntary.
[01:51:53.000 --> 01:51:56.000]  Must or shall creates a duty.
[01:51:56.000 --> 01:51:59.000]  Anything else is just a recommendation.
[01:51:59.000 --> 01:52:08.000]  And even shall can sometimes mean maybe.
[01:52:08.000 --> 01:52:11.000]  I've heard that recently.
[01:52:11.000 --> 01:52:14.000]  Okay, well, I got to look up some stuff, I suppose.
[01:52:14.000 --> 01:52:16.000]  Okay.
[01:52:16.000 --> 01:52:17.000]  Thank you so much.
[01:52:17.000 --> 01:52:18.000]  You're welcome.
[01:52:18.000 --> 01:52:20.000]  Thanks for calling in.
[01:52:20.000 --> 01:52:21.000]  All right.
[01:52:21.000 --> 01:52:25.000]  Now we're going to go to T in Texas.
[01:52:25.000 --> 01:52:26.000]  Mr. T?
[01:52:26.000 --> 01:52:27.000]  What's up, Randy?
[01:52:27.000 --> 01:52:29.000]  Barackus, what can we do for you?
[01:52:29.000 --> 01:52:31.000]  What's up, Randy?
[01:52:31.000 --> 01:52:34.000]  Yeah, let's start that one again, shall we?
[01:52:34.000 --> 01:52:37.000]  Hey, I had a lot of fun today.
[01:52:37.000 --> 01:52:41.000]  I traveled down here with none of the accoutrements.
[01:52:41.000 --> 01:52:43.000]  It was pretty interesting.
[01:52:43.000 --> 01:52:44.000]  Yeah?
[01:52:44.000 --> 01:52:46.000]  Yeah, no problem there, no problem there.
[01:52:46.000 --> 01:52:49.000]  I bet they were eyeballing you while you were sitting there, though.
[01:52:49.000 --> 01:52:52.000]  Well, you know how that goes.
[01:52:52.000 --> 01:52:55.000]  But a couple quick questions.
[01:52:55.000 --> 01:53:04.000]  On the PIR, if they don't respond in 10 days, what would be the next step?
[01:53:04.000 --> 01:53:07.000]  If they, okay, it depends on how you're counting your days.
[01:53:07.000 --> 01:53:16.000]  But let's for the moment assume that they have legitimately failed to meet their burden on the day count.
[01:53:16.000 --> 01:53:22.000]  The next thing is to file a complaint with the attorney general's office.
[01:53:22.000 --> 01:53:24.000]  And, folks, he said PIR.
[01:53:24.000 --> 01:53:30.000]  In Texas, that's a public information request under Chapter 552, Government Code Public Information Act,
[01:53:30.000 --> 01:53:40.000]  previously known as the Open Records Act, previously known as Give Me My Stuff, It Belongs to Us.
[01:53:40.000 --> 01:53:42.000]  All right.
[01:53:42.000 --> 01:53:52.000]  And next, there was a little court saying that if the file, any motion is 21 days before...
[01:53:52.000 --> 01:53:55.000]  Yeah, that's the local rules for the court.
[01:53:55.000 --> 01:53:58.000] ...with the county attorney.
[01:53:58.000 --> 01:54:00.000]  Is this a municipal court?
[01:54:00.000 --> 01:54:01.000]  It's a JP.
[01:54:01.000 --> 01:54:02.000]  Okay, yeah.
[01:54:02.000 --> 01:54:03.000]  That would be suspected.
[01:54:03.000 --> 01:54:04.000]  That would be expected.
[01:54:04.000 --> 01:54:07.000]  The county attorney is the prosecutor in a JP court.
[01:54:07.000 --> 01:54:12.000]  You file them in the court that you want to trial on.
[01:54:12.000 --> 01:54:13.000]  You file them with the...
[01:54:13.000 --> 01:54:15.000]  Well, you're supposed to file them in both.
[01:54:15.000 --> 01:54:22.000]  The question is, did they ever give you information telling you who the prosecuting attorney is
[01:54:22.000 --> 01:54:27.000]  and how to contact them in order to serve them with anything?
[01:54:27.000 --> 01:54:28.000]  Absolutely not.
[01:54:28.000 --> 01:54:29.000]  Yeah.
[01:54:29.000 --> 01:54:30.000]  See, that's the problem.
[01:54:30.000 --> 01:54:35.000]  This is why the lack of an information is such a due process violation.
[01:54:35.000 --> 01:54:40.000]  They have all of your information in which to serve you with whatever they may do.
[01:54:40.000 --> 01:54:49.000]  You have none of theirs, and they expect you to operate accurately and promptly in the dark.
[01:54:49.000 --> 01:54:54.000]  Again, just another one of those signature points that says,
[01:54:54.000 --> 01:54:57.000]  we're here to screw you, not serve you.
[01:54:57.000 --> 01:55:00.000]  Screw you.
[01:55:00.000 --> 01:55:02.000]  Screw you well.
[01:55:02.000 --> 01:55:03.000]  Okay.
[01:55:03.000 --> 01:55:08.000]  Just to cover that base, should the county attorney be served?
[01:55:08.000 --> 01:55:10.000]  Absolutely.
[01:55:10.000 --> 01:55:13.000]  The key thing is to get it filed in the court first.
[01:55:13.000 --> 01:55:19.000]  You can file the other side anytime soon after that, but there's no deadline other than to make sure
[01:55:19.000 --> 01:55:25.000]  that you file them as quickly as possible with the other side after you file in the court.
[01:55:25.000 --> 01:55:28.000]  Your court is where your deadline sits, not with the other party,
[01:55:28.000 --> 01:55:37.000]  unless there is a specific statute that says you only have X days to notify the other party.
[01:55:37.000 --> 01:55:43.000]  But you do want to do it as quickly as possible, two or three days at the absolute most.
[01:55:43.000 --> 01:55:44.000]  Okay.
[01:55:44.000 --> 01:55:48.000]  So the documents filed with the court, these...
[01:55:48.000 --> 01:55:51.000]  there may not wind up in the county attorney's hands.
[01:55:51.000 --> 01:55:53.000]  You can't really trust it one way or the other.
[01:55:53.000 --> 01:55:57.000]  They can always go to court and say, well, I was never served,
[01:55:57.000 --> 01:56:01.000]  and thus get your motions thrown out that way and never have to do anything else.
[01:56:01.000 --> 01:56:03.000]  So it's better safe than sorry.
[01:56:03.000 --> 01:56:08.000]  If you find out who you need to serve, make sure you do so.
[01:56:08.000 --> 01:56:16.000]  So I'm saying the copies that I filed with the court, do I just like fax that over to the county attorney?
[01:56:16.000 --> 01:56:21.000]  Yeah, you can fax the same copy over to the county attorney that you did to the court.
[01:56:21.000 --> 01:56:26.000]  Just make sure that you keep the certification of the fax on each one.
[01:56:26.000 --> 01:56:27.000]  Okay.
[01:56:27.000 --> 01:56:32.000]  You make sure the one you did to the court stays with the document, a copy filed with the court.
[01:56:32.000 --> 01:56:34.000]  Then you do the same thing with the one to theirs.
[01:56:34.000 --> 01:56:36.000]  You can even make a note on it.
[01:56:36.000 --> 01:56:44.000]  County attorney's office, this date, this time, JP court, precinct, whatever, this date, this time.
[01:56:44.000 --> 01:56:47.000]  Okay, cool. That answers my next question.
[01:56:47.000 --> 01:56:53.000]  I didn't make copies of the original just for that simple fact.
[01:56:53.000 --> 01:56:57.000]  Yeah, you don't need separate copies of the motion.
[01:56:57.000 --> 01:57:04.000]  You just need to take your two certificates and attach them to the right motion just so that you can show this motion was served on the court on this day
[01:57:04.000 --> 01:57:07.000]  and it was served on the prosecutor this day.
[01:57:07.000 --> 01:57:09.000]  Okay, all right.
[01:57:09.000 --> 01:57:17.000]  And also, you know, I guess at the head-in, well, you know, we don't write the cause numbers there, right?
[01:57:17.000 --> 01:57:18.000]  Yes.
[01:57:18.000 --> 01:57:23.000]  The clerk, a couple of the motions, the clerk wrote them in herself.
[01:57:23.000 --> 01:57:24.000]  That's okay.
[01:57:24.000 --> 01:57:27.000]  We don't care what they do with the paperwork we give them.
[01:57:27.000 --> 01:57:29.000]  We only care that we didn't do it.
[01:57:29.000 --> 01:57:31.000]  Okay, cool. Okay.
[01:57:31.000 --> 01:57:37.000]  And what about the, can the judge look at the motion anytime?
[01:57:37.000 --> 01:57:38.000]  Sure.
[01:57:38.000 --> 01:57:40.000]  Okay, cool.
[01:57:40.000 --> 01:57:41.000]  All right.
[01:57:41.000 --> 01:57:49.000]  And what are your opinion on pre-trials on the same day as the trial?
[01:57:49.000 --> 01:57:55.000]  It's ambush, especially if they don't tell you you're going to trial after pre-trial.
[01:57:55.000 --> 01:57:58.000]  What, it's in their policy?
[01:57:58.000 --> 01:58:02.000]  Well, but the thing is, did they give you a copy of the policy?
[01:58:02.000 --> 01:58:05.000]  Yeah, they gave me a copy of the rules of the court.
[01:58:05.000 --> 01:58:08.000]  You said that they would go to trial immediately after pre-trial?
[01:58:08.000 --> 01:58:15.000]  Right, unless you ask for a special pre-trial in what I did and the judge denied it.
[01:58:15.000 --> 01:58:21.000]  Okay, well, if it says unless requested, then that's a problem they created, not you.
[01:58:21.000 --> 01:58:25.000]  And you can object to that as being unfair.
[01:58:25.000 --> 01:58:28.000]  How far it'll get you, that's another question.
[01:58:28.000 --> 01:58:30.000]  All right, T, that's all the time I got, man.
[01:58:30.000 --> 01:58:32.000]  Thanks for calling in.
[01:58:32.000 --> 01:58:34.000]  All right, folks, this has been Rule of Law Radio.
[01:58:34.000 --> 01:58:37.000]  This is Eddie Craig, your host for the Monday Night Traffic Show.
[01:58:37.000 --> 01:58:40.000]  Thank you all so much for listening and for calling
[01:58:40.000 --> 01:58:43.000]  and for listening to my two minutes of dead space on the beginning.
[01:58:43.000 --> 01:58:50.000]  Y'all have a great night, a great week, and God bless you all.
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