[00:00.000 --> 00:05.040]  Senator Ted Cruz offers two amendments in the Judiciary Committee to safeguard citizens'
[00:05.040 --> 00:09.560]  free speech against the IRS, and yet those amendments fail.
[00:09.560 --> 00:14.120]  I'm Ben Swan with your Truth In Media Moment, brought to you in part by benswan.com.
[00:14.120 --> 00:17.920]  Senator Cruz's First Amendment would have prohibited an IRS employee from intentionally
[00:17.920 --> 00:21.040]  targeting individuals or groups based on political views.
[00:21.040 --> 00:26.240]  It would have made it a crime for an IRS employee to willfully discriminate against groups based
[00:26.240 --> 00:31.000]  solely on the political beliefs or policy statements held, expressed, or published by
[00:31.000 --> 00:32.000]  that organization.
[00:32.000 --> 00:36.440]  And the Second Amendment would have amended the tax code to use the Bipartisan Independent
[00:36.440 --> 00:42.800]  FEC's definitions to determine whether an organization is engaged in political activity.
[00:42.800 --> 00:47.560]  The IRS should focus on taxation rather than determining what is political activity, says
[00:47.560 --> 00:48.560]  Cruz.
[00:48.560 --> 00:49.560]  So why would those amendments fail?
[00:49.560 --> 00:53.160]  I'll tell you right after this.
[00:53.160 --> 00:56.700]  The destruction of constitutional liberties and endless foreign wars.
[00:56.700 --> 01:01.320]  The voice of the people silenced, while lawmakers simply enrich themselves and the political
[01:01.320 --> 01:02.320]  class.
[01:02.320 --> 01:03.320]  I'm Ben Swan.
[01:03.320 --> 01:04.320]  Is it about left versus right?
[01:04.320 --> 01:07.320]  No, the real fight is liberty versus tyranny.
[01:07.320 --> 01:11.240]  At benswan.com, we are breaking the left-right paradigm.
[01:11.240 --> 01:16.120]  We know that the American two-party system is broken, and that to restore American liberty
[01:16.120 --> 01:20.120]  means to restore your right as an individual.
[01:20.120 --> 01:24.240]  At benswan.com, we cover stories the national media won't touch, from the National Defense
[01:24.240 --> 01:29.840]  Authorization Act to nullification, militarization of police, and crony capitalism.
[01:29.840 --> 01:34.280]  We are not afraid to stand up for the right of the people.
[01:34.280 --> 01:37.400]  We are the face of new media.
[01:37.400 --> 01:41.240]  Benswan.com, where humanity is greater than politics.
[01:41.240 --> 01:46.360]  But Senator Ted Cruz's two amendments that would make it a crime for the IRS to target
[01:46.360 --> 01:50.520]  individuals based on their political beliefs did not make it.
[01:50.520 --> 01:51.520]  Why?
[01:51.520 --> 01:56.080]  Democrats on the Judiciary Committee unanimously opposed the amendments, defeating them both.
[01:56.080 --> 02:00.040]  But this is not, or should not be, a partisan issue.
[02:00.040 --> 02:06.520]  What the IRS did from 2011 to 2013 was to target over 300 groups based on words in their
[02:06.520 --> 02:07.520]  names.
[02:07.520 --> 02:10.080]  Liberty, Tea Party, 912.
[02:10.080 --> 02:12.080]  Does the IRS have the right to do that?
[02:12.080 --> 02:13.080]  No.
[02:13.080 --> 02:18.320]  The IRS does have the authority and responsibility to make sure that certain groups are not taking
[02:18.320 --> 02:20.240]  advantage of the tax system.
[02:20.240 --> 02:24.360]  But instead of holding up those applications for 18 months or two years at a time, the
[02:24.360 --> 02:29.400]  IRS should have made a ruling on those applications, and it did not.
[02:29.400 --> 02:33.920]  What Democrats in the Senate really did was once again put politics first, so that the
[02:33.920 --> 02:38.320]  very real story of IRS targeting wouldn't make any more headlines.
[02:38.320 --> 02:41.080]  They chose to ignore what the agency was doing.
[02:41.080 --> 02:45.600]  The problem is, once a different administration gets into power, what stops a Republican administration
[02:45.600 --> 02:50.440]  from using IRS power to go after so-called left-leaning or liberal groups?
[02:50.440 --> 02:51.440]  Nothing.
[02:51.440 --> 02:55.640]  For stories that affect your liberty, be sure to check out benswam.com, where humanity is
[02:55.640 --> 03:11.440]  greater than politics.
[03:55.640 --> 04:22.200]  We'll raise up our glasses, against evil forces singing,
[04:22.200 --> 04:33.120]  Whiskey for my man, beer for my horse, yeah.
[04:33.120 --> 04:41.400]  We got too many gangsters doing dirty deeds, Too much corruption and crime in the streets,
[04:41.400 --> 04:45.800]  Stand the long arm of the law, put a few more in the ground,
[04:45.800 --> 04:55.960]  I'm all to the maker, and he'll settle them down, you can bet he'll settle them down.
[04:55.960 --> 05:02.360]  Conjustice is one thing you should always find, You gotta saddle up your boys, you gotta draw
[05:02.360 --> 05:06.960]  a hard line, When the gun smoke settles, we'll sing a victory
[05:06.960 --> 05:11.960]  tune, And we'll all meet back at the local smooth.
[05:11.960 --> 05:16.760]  And we'll raise up our glasses, against evil forces singing,
[05:16.760 --> 05:22.160]  Whiskey for my man, beer for my horse, yeah.
[05:22.160 --> 05:27.760]  Alright folks, good evening, this is the Monday Night Rule of Law Radio Show with your host,
[05:27.760 --> 05:33.640]  Eddie Craig, and tonight, it is going to be fun, because I talked a little bit about it
[05:33.640 --> 05:38.160]  on one of the previous shows, I didn't actually have a copy of it at the time, but I do now,
[05:38.160 --> 05:46.040]  I want to go over the actual opinion written by the County Court at Law number one judge,
[05:46.040 --> 05:54.600]  Phillips, here in Austin, just to show you the kind of judicial ineptitude we are dealing
[05:54.600 --> 06:00.620]  with when these people make an opinion about something, and believe me, that's all they're
[06:00.620 --> 06:03.460]  doing is making an opinion.
[06:03.460 --> 06:12.440]  The law be damned, it doesn't exist in their eyes, only their omniscience as to how things
[06:12.440 --> 06:17.640]  should be and will be applied is what matters.
[06:17.640 --> 06:22.040]  And once I get into this opinion and start explaining to you what it is and why it's
[06:22.040 --> 06:26.280]  wrong, hopefully you will see why I say that.
[06:26.280 --> 06:31.840]  Now I'm not going to give out the name of the actual individual that this case was actually
[06:31.840 --> 06:37.400]  applicable to, or at least I want to try to avoid it, but in any case, we'll just say
[06:37.400 --> 06:43.520]  for the sake of argument that this case involved John Doe, and we'll read it verbatim except
[06:43.520 --> 06:44.520]  for that.
[06:44.520 --> 06:45.520]  Okay?
[06:45.520 --> 06:51.480]  Now, like I say, this was here in County Court at Law number one in Travis County.
[06:51.480 --> 06:57.160]  This is the opinion and judgment of Judge Phillips.
[06:57.160 --> 07:02.280]  Mr. John Doe was convicted by a jury of two offenses, driving a motor vehicle on a public
[07:02.280 --> 07:05.720]  highway with expired registration and speeding.
[07:05.720 --> 07:09.760]  He appeals by way of a brief that raises four points of error.
[07:09.760 --> 07:14.800]  These points may be fairly summarized as, one, the prosecuting attorney did not have
[07:14.800 --> 07:25.800]  an officer's oath on file, two, Mr. Doe was not given proper notice of the complaint, three,
[07:25.800 --> 07:31.760]  the prosecution was not based on a grand jury indictment or an information, and four, he
[07:31.760 --> 07:36.480]  was not engaged in transportation at the time of the alleged offenses.
[07:36.480 --> 07:43.880]  Now technically speaking, under Texas Constitution, all four of these should have been found in
[07:43.880 --> 07:49.920]  favor of the accused, but we will go through this step by step and you will see where this
[07:49.920 --> 07:57.400]  judge has gone completely off the mark regarding the actual statutes in question.
[07:57.400 --> 08:00.720]  Appellate's first complaint is in the form of a question.
[08:00.720 --> 08:08.280]  Are city attorneys who lack oaths of office legally qualified to represent the state?
[08:08.280 --> 08:12.800]  It appears that at two pretrial hearings, appellate demanded to see the constitutional
[08:12.800 --> 08:15.840]  oaths of office of two assistant attorneys.
[08:15.840 --> 08:21.080]  The presiding judge in at least one of those hearings, Solomon, ordered that the prosecutor
[08:21.080 --> 08:25.880]  at the trial of the case bring him a copy of his constitutional oath of office.
[08:25.880 --> 08:30.280]  On the day of trial, the prosecuting attorney, Mr. Jamie Flores, produced his oath of office
[08:30.280 --> 08:32.280]  prior to the trial.
[08:32.280 --> 08:38.000]  The state admits that the two attorneys who handled pretrials had not filed a constitutional
[08:38.000 --> 08:44.240]  oath of office, but argues that it was not necessary for them to do so as they are not
[08:44.240 --> 08:47.600]  elected or appointed officers.
[08:47.600 --> 08:49.560]  Now I'm going to stop right there for just a second.
[08:49.560 --> 08:51.960]  I'm going to let that sink in.
[08:51.960 --> 08:59.960]  The state admits that the two attorneys who handled pretrials had not filed a constitutional
[08:59.960 --> 09:09.360]  oath of office, but argues that it is not necessary for them to do so as they are not
[09:09.360 --> 09:14.160]  elected or appointed officers.
[09:14.160 --> 09:17.480]  So let me ask a question.
[09:17.480 --> 09:24.080]  By that admission alone, where would the city attorney even begin to assume that these two
[09:24.080 --> 09:33.560]  individuals had the power to represent the state either in its corporate capacity or
[09:33.560 --> 09:40.440]  the people in a political capacity when they never took the oath that we required to inherit
[09:40.440 --> 09:44.960]  that authority?
[09:44.960 --> 09:48.440]  They're saying they're not officers, so they don't have to have it.
[09:48.440 --> 09:50.920]  Well then how can they be acting in the name of the state?
[09:50.920 --> 09:55.300]  That's a perfectly valid legal question.
[09:55.300 --> 09:59.280]  How do you assume to act in the name of the state when one of the requirements for doing
[09:59.280 --> 10:07.800]  so is to take the oath of office and sign the anti-bribery statement?
[10:07.800 --> 10:10.200]  Let's continue.
[10:10.200 --> 10:15.700]  Article 16, Section 1 of the Texas Constitution of 1876, as amended, requires elected and
[10:15.700 --> 10:19.560]  appointed officers to sign an oath wherein they swear that they have not directly or
[10:19.560 --> 10:24.600]  indirectly paid, offered, promised to pay, contributed, or promised to contribute any
[10:24.600 --> 10:30.160]  money or other thing of value or promised any public office or employment for the giving
[10:30.160 --> 10:33.960]  or withholding of a vote at the election at which I was elected or as a reward to secure
[10:33.960 --> 10:38.240]  my appointment or confirmation, whichever the case may be.
[10:38.240 --> 10:45.000]  Now notice Judge Phillips, in his response to this when he quoted this, took only part
[10:45.000 --> 10:49.040]  of Article 16, Section 1.
[10:49.040 --> 10:55.080]  He completely left out the part requiring them to swear to abide by all the provisions
[10:55.080 --> 11:01.520]  of the Bill of Rights in the Texas Constitution and only talked about the part dealing with
[11:01.520 --> 11:05.280]  the anti-bribery statement.
[11:05.280 --> 11:08.320]  That's very telling in and of itself.
[11:08.320 --> 11:14.560]  Now that also has a footnote attached to it and this is what it says, this portion of
[11:14.560 --> 11:18.120]  the oath of office is known as the anti-bribery oath.
[11:18.120 --> 11:23.000]  All office holders in Texas were gratified when the voters amended the Constitution so
[11:23.000 --> 11:28.600]  that we could sign this oath rather than trying to recite it in public at the end of the oath
[11:28.600 --> 11:29.600]  of office.
[11:29.600 --> 11:37.760]  Well, there's a completely worthless footnote and I don't think that the Constitution was
[11:37.760 --> 11:43.880]  ever amended to allow them to simply sign it rather than recite it.
[11:43.880 --> 11:47.840]  But in any case, let's continue.
[11:47.840 --> 11:52.760]  Assistant city attorneys are neither elected, appointed, nor confirmed.
[11:52.760 --> 11:55.680]  They are hired by the city attorney.
[11:55.680 --> 11:57.760]  They have no term of office.
[11:57.760 --> 12:01.240]  They serve at the pleasure of the city attorney.
[12:01.240 --> 12:06.600]  This court finds that the anti-bribery portion of the Constitutional oath of office does
[12:06.600 --> 12:08.920]  not apply to them.
[12:08.920 --> 12:13.220]  This finding is supported by an opinion of the Attorney General of Texas who found in
[12:13.220 --> 12:20.320]  referring to DPS officers, if the officers in question are subject to discharge by the
[12:20.320 --> 12:27.720]  director of the Department of Public Safety, they are not public officers subject to article
[12:27.720 --> 12:39.360]  16, section 1 of the Texas Constitution, opinion Texas Attorney General number GA-0365-2005.
[12:39.360 --> 12:42.760]  The first point of error is overruled.
[12:42.760 --> 12:49.760]  Now this, of course, GA, that would be Greg Abbott, all right?
[12:49.760 --> 12:58.520]  So Greg Abbott has just certified in an Attorney General's opinion that every DPS officer that
[12:58.520 --> 13:04.760]  is subject to hiring and firing by the director is not a public officer.
[13:04.760 --> 13:17.880]  So how do they get any power whatsoever to enforce state law from codes?
[13:17.880 --> 13:21.460]  If they're not a public officer, how do they get that authority?
[13:21.460 --> 13:23.000]  You and I don't have it.
[13:23.000 --> 13:26.200]  We cannot enforce a code on our own.
[13:26.200 --> 13:30.840]  We have to be empowered by the state to do that.
[13:30.840 --> 13:35.320]  But if we're going to assume the power of the state, we're required to take the oath
[13:35.320 --> 13:42.120]  that says we will abide by all the Constitutional prohibitions and mandates that bind us in
[13:42.120 --> 13:45.880]  that power and capacity.
[13:45.880 --> 13:54.320]  And yet here Abbott, in all of his gray matter glory, is saying they're not public officers.
[13:54.320 --> 13:58.940]  So what the hell are they doing accosting you and me on a highway?
[13:58.940 --> 14:03.800]  What power do they have when the Attorney General says they have none that subjects
[14:03.800 --> 14:10.080]  them to an oath of office and an anti-bribery statement requirement?
[14:10.080 --> 14:16.320]  And if that's true of the DPS, how is that any less true of a police officer that works
[14:16.320 --> 14:25.880]  for a municipality and can be hired and fired by the chief or the city council or the mayor?
[14:25.880 --> 14:31.040]  None of them are public officers either according to this reading of this opinion.
[14:31.040 --> 14:34.720]  But let's continue.
[14:34.720 --> 14:39.700]  Next Appellant complains that he was not given proper notice of the complaint, that he was
[14:39.700 --> 14:44.560]  never served with any notice of the specific nature and cause of the accusations against
[14:44.560 --> 14:45.560]  him.
[14:45.560 --> 14:51.360]  It is not contested that when Appellant demanded a copy of the complaint at his pretrial, he
[14:51.360 --> 14:53.680]  was promptly given a copy.
[14:53.680 --> 14:59.520]  In referring to a pretrial hearing on November 10th of 2011, well before his jury trial in
[14:59.520 --> 15:05.720]  January 3 of 2012, Appellant told the trial court, Janela Shirley, which by the way was
[15:05.720 --> 15:11.980]  the same prosecuting attorney in my case, who was the person impersonating a state prosecutor
[15:11.980 --> 15:18.020]  at that point and time, she accessed the court's computer to pull up a complaint and she handed
[15:18.020 --> 15:20.280]  it to me.
[15:20.280 --> 15:25.120]  There are three broad classifications of criminal accusations in our Code of Criminal Procedure,
[15:25.120 --> 15:30.400]  each governed by its own set of rules about service of a copy of the accusation.
[15:30.400 --> 15:35.000]  In felony prosecutions on indictment, the clerk of the court is directed to make a certified
[15:35.000 --> 15:39.280]  copy of the indictment and give it to the sheriff to give to the prisoner in custody
[15:39.280 --> 15:44.160]  Texas Code of Criminal Procedure Article 25.01.
[15:44.160 --> 15:50.320]  In misdemeanors that have jail time as a possible outcome, the prosecution proceeds on an information.
[15:50.320 --> 15:55.800]  There is not even required that the accused be furnished with a copy of the indictment
[15:55.800 --> 16:01.280]  or information before trial, but the accused may get a copy on demand, Code of Criminal
[16:01.280 --> 16:04.380]  Procedure 25.04.
[16:04.380 --> 16:09.920]  This prosecution for a petty misdemeanor punishable by fine only is governed by Chapter 45 of
[16:09.920 --> 16:11.200]  the Code.
[16:11.200 --> 16:16.000]  A defendant is entitled to notice of the complaint not later than the day before the date of
[16:16.000 --> 16:17.320]  any proceeding.
[16:17.320 --> 16:23.760]  Here, the appellant argues that the law requires that before he requests a copy, before he
[16:23.760 --> 16:29.220]  even comes to court for a pre-trial hearing or a trial, the state has to serve him a copy
[16:29.220 --> 16:30.220]  of the complaint.
[16:30.220 --> 16:33.840]  All right, we're going to go to break.
[16:33.840 --> 16:38.080]  Y'all hang on and I'll finish this up on the other side, or at least I'll continue to go
[16:38.080 --> 16:41.360]  through it on the other side, and we'll see how many segments it takes to get through
[16:41.360 --> 16:42.360]  it with discussion.
[16:42.360 --> 16:44.280]  Folks, y'all hang on just a minute.
[16:44.280 --> 16:50.800]  Call in number if you want to get in line is 512-646-1984, but I won't be taking any
[16:50.800 --> 16:54.880]  calls until I get done with this, so y'all just get in line or just hold off however
[16:54.880 --> 16:56.040]  you want to do it.
[16:56.040 --> 17:00.800]  We will be right back.
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[19:26.240 --> 19:39.440]  Hi, folks.
[19:39.440 --> 19:40.440]  We are back.
[19:40.440 --> 19:53.240]  This is Rule of Law Radio, and we are reading from an opinion from a great legal mind that
[19:53.240 --> 19:58.200]  operates right here in Austin, Texas, in the County Court at Law number one.
[19:58.200 --> 20:05.500]  Now, by the way, this is the same judge that's in charge of my appeal and who waited a year
[20:05.500 --> 20:13.400]  doing nothing whatsoever to deal with the case, just sat on it until he had to overturn
[20:13.400 --> 20:21.240]  it and send it back to the city court, who then promptly broke every rule in the book
[20:21.240 --> 20:28.400]  and who is now sitting on it again because they won't rule on my mandamus.
[20:28.400 --> 20:30.840]  So go figure.
[20:30.840 --> 20:36.960]  So take everything I read here with a grain of salt of understanding that the guy's a
[20:36.960 --> 20:37.960]  moron.
[20:37.960 --> 20:38.960]  He's got to be.
[20:38.960 --> 20:42.000]  To write what he wrote here, he's a moron.
[20:42.000 --> 20:43.540]  Okay.
[20:43.540 --> 20:45.720]  So here we go.
[20:45.720 --> 20:48.120]  All right.
[20:48.120 --> 20:54.500]  From the record in this case, it appears that the accused could, or I'm sorry, that interpretation
[20:54.500 --> 20:58.160]  of the law, remember it said the state has to serve him a copy of the complaint, and
[20:58.160 --> 21:04.820]  he goes on to say, that interpretation of the law finds no support in our jurisprudence.
[21:04.820 --> 21:08.720]  From the record in this case, it appears that the accused could have gotten a copy of the
[21:08.720 --> 21:14.360]  complaint anytime he requested it after it was filed on September 28th, 2011.
[21:14.360 --> 21:18.520]  He chose to wait until a pre-trial hearing to make the request and was immediately provided
[21:18.520 --> 21:19.520]  a copy.
[21:19.520 --> 21:22.120]  The second point of error is overruled.
[21:22.120 --> 21:23.440]  Problem.
[21:23.440 --> 21:28.120]  First off, this guy's obviously never read Texas case law because what he just said is
[21:28.120 --> 21:32.740]  a blatant lie, just blatant.
[21:32.740 --> 21:42.160]  It absolutely is Texas jurisprudence that the right of notice is required in a criminal
[21:42.160 --> 21:45.880]  case, just like it is in a civil case.
[21:45.880 --> 21:52.600]  You can't blindside someone with criminal charges in court the day of trial.
[21:52.600 --> 21:59.840]  And it is not the duty of the accused to determine what he's charged with, it is the accuser's
[21:59.840 --> 22:06.920]  duty, or the prosecutor's duty in this case, to notify him of what he's charged with.
[22:06.920 --> 22:13.760]  And the legislature, by decree and statute, cannot change the tenets of due process.
[22:13.760 --> 22:16.840]  And that is a fundamental right of due process.
[22:16.840 --> 22:21.980]  The federal courts have ruled that it is, the Texas courts have ruled that it is.
[22:21.980 --> 22:25.880]  This guy obviously hadn't read either one.
[22:25.880 --> 22:31.520]  Now on top of that, he quoted chapter, well, he didn't quote it, he should have.
[22:31.520 --> 22:37.200]  Chapter 45 of the code of criminal procedure specifically states in those three words is
[22:37.200 --> 22:48.040]  entitled to, under chapter 311 of the government code, as creates or recognizes a right.
[22:48.040 --> 22:55.040]  And this moron of a judge just glosses right over that as if it's not important.
[22:55.040 --> 23:02.920]  If you have a right to something, then he can't simply say it doesn't exist.
[23:02.920 --> 23:06.460]  Now this is not a constitutionally protected right.
[23:06.460 --> 23:11.960]  This is in, for instance, or in fact, for one of the few times they do it, this is actually
[23:11.960 --> 23:15.640]  a statutorily granted right.
[23:15.640 --> 23:23.560]  The legislature in its verbiage of 45.01 code of criminal procedure, I'm sorry, 45.018B,
[23:23.560 --> 23:30.560]  or A of code of criminal procedure, B, B, I'm sorry, specifically granted that right
[23:30.560 --> 23:32.080]  to the accused.
[23:32.080 --> 23:36.960]  And this judge completely ignores it.
[23:36.960 --> 23:39.760]  You want to see why I never call them your honor?
[23:39.760 --> 23:45.120]  Because they have none, none.
[23:45.120 --> 23:46.940]  All right.
[23:46.940 --> 23:52.480]  Now also, real quick, my friend Johnny texted me here, let me give you something else that's
[23:52.480 --> 23:58.200]  actually written into the government code dealing with all attorneys.
[23:58.200 --> 24:04.240]  Now here's the thing, the government code in 82.037, which I've read before, but Johnny
[24:04.240 --> 24:09.160]  reminded me of it and I appreciate him for it, that the attorneys are all required to
[24:09.160 --> 24:17.200]  take the oath of office that is in Article 16, Section 1.
[24:17.200 --> 24:22.000]  Now on top of that, remember that Chapter 82 of the government code is the chapter dealing
[24:22.000 --> 24:27.560]  with the State Bar Act as well, or Chapter 81, one of them.
[24:27.560 --> 24:34.460]  And in that it specifically says that the State Bar is created as an administrative
[24:34.460 --> 24:39.120]  office of the judicial department of government.
[24:39.120 --> 24:43.440]  Therefore the attorney has to take the oath before he can even get his dad-blamed bar
[24:43.440 --> 24:51.000]  card because 82.037 specifically requires that the oath be administered and it be signed
[24:51.000 --> 24:57.920]  and be attached to the back of his license to practice law from the Texas Supreme Court,
[24:57.920 --> 25:05.960]  which also must be signed by all nine justices of the Texas Supreme Court.
[25:05.960 --> 25:14.960]  So once again, the judge in county court at law number one is a moron.
[25:14.960 --> 25:19.000]  Now let's go on.
[25:19.000 --> 25:23.760]  First appellate contends that the trial court lacked jurisdiction because there was no grand
[25:23.760 --> 25:26.760]  jury indictment or valid information.
[25:26.760 --> 25:31.640]  The prosecution of petty misdemeanors is not required by our law to be based on an indictment
[25:31.640 --> 25:32.640]  or information.
[25:32.640 --> 25:35.820]  Here's where the lying begins.
[25:35.820 --> 25:40.400]  This exact point of error was discussed in Shinzig v. State in 2007.
[25:40.400 --> 25:48.560]  Well, I challenged Shinzig v. State in my document stating that it was erroneously opined
[25:48.560 --> 25:55.120]  in that they could do it on complaint alone because they can't.
[25:55.120 --> 26:01.480]  They completely neglected to go back and look at the statute they were using to validate
[26:01.480 --> 26:10.520]  the opinion, which was rescinded back in, or I'm sorry, I forget what the right term
[26:10.520 --> 26:11.520]  of it is.
[26:11.520 --> 26:14.260]  In any case, it's no longer valid statute.
[26:14.260 --> 26:15.260]  It was repealed.
[26:15.260 --> 26:16.260]  There's the word.
[26:16.260 --> 26:24.200]  It was repealed in 1999, and the Shinzig opinion was in 2007.
[26:24.200 --> 26:27.600]  It's cited statute that doesn't exist.
[26:27.600 --> 26:34.080]  The opinion is dead fricking wrong, and yet this judge is still relying on it.
[26:34.080 --> 26:42.520]  Now I know this judge has got to be smarter than this, but if he's pretending not to be,
[26:42.520 --> 26:45.200]  he's doing a great job.
[26:45.200 --> 26:48.840]  Now let's read what was in that case.
[26:48.840 --> 26:53.520]  The original criminal jurisdiction of a justice or municipal court is invoked by the filing
[26:53.520 --> 26:55.120]  of a complaint.
[26:55.120 --> 27:00.400]  Wrong, 45.01 never said any such thing.
[27:00.400 --> 27:07.000]  It said exactly the same thing that the provision in Chapter 15 does regarding a complaint.
[27:07.000 --> 27:12.160]  It is a sworn instrument charging a person with the commission of a crime.
[27:12.160 --> 27:15.100]  That verbiage is actually not accurate.
[27:15.100 --> 27:20.400]  The complaint does not charge, it accuses.
[27:20.400 --> 27:25.720]  The charging instrument, according to Article 5, Section 12B of the Texas Constitution,
[27:25.720 --> 27:27.920]  is an indictment or information.
[27:27.920 --> 27:31.720]  It is not a complaint alone.
[27:31.720 --> 27:37.880]  In fact, Chapter 20 of the Code of Criminal Procedure specifically says that the complaint
[27:37.880 --> 27:43.920]  doesn't do anything without an indictment or information, and neither of them can exist
[27:43.920 --> 27:49.680]  until the complaint exists.
[27:49.680 --> 27:56.000]  And yet this guy goes on, as did the Texas Court of Appeals here.
[27:56.000 --> 28:03.400]  I mean, this is the highest criminal court in Texas that came up with this Shinzig opinion.
[28:03.400 --> 28:08.260]  So that tells you that the judges at that level don't bother to read the law either.
[28:08.260 --> 28:13.920]  They go strictly upon their starry decisive opinions from before and never go back and
[28:13.920 --> 28:19.400]  look and see if the law has been changed in any way.
[28:19.400 --> 28:24.260]  They leave it up to you and me to be the ones that have to raise it or some bar-card carrying
[28:24.260 --> 28:29.200]  attorney who actually is going to do the right job the right way for their client and argue
[28:29.200 --> 28:34.420]  that it's no longer valid before they will turn around and say, oh, okay, well, we'll
[28:34.420 --> 28:39.160]  overrule that prior decision then.
[28:39.160 --> 28:46.240]  This is your judicial system at its best, okay?
[28:46.240 --> 28:52.040]  Make it up as you go along and hang whoever we're having to try and let them sort it out.
[28:52.040 --> 28:55.560]  All right, let's continue.
[28:55.560 --> 29:01.060]  C. Hunn v. State, 901, blah, blah, blah, a complaint serves as a sole charging instrument
[29:01.060 --> 29:02.120]  in municipal court.
[29:02.120 --> 29:04.400]  Now, this was in 1995.
[29:04.400 --> 29:06.640]  I went back and read that case.
[29:06.640 --> 29:15.400]  That 1995 case they're citing relies on 45.01, and it relies on a case called Ex Parte Greenwood,
[29:15.400 --> 29:23.240]  which is also wrong because nowhere did it ever say that a complaint was the sole charging
[29:23.240 --> 29:25.600]  instrument required.
[29:25.600 --> 29:29.600]  Never has it said that.
[29:29.600 --> 29:34.440]  State v. Blankenship, each complaint did charge an offense and was sufficient on its face
[29:34.440 --> 29:38.120]  to invoke the jurisdiction of the Austin Municipal Court of Record.
[29:38.120 --> 29:42.720]  Again, that violates Article 5, Section 12B, Texas Constitution.
[29:42.720 --> 29:47.000]  Both the statute and the opinion would be dead wrong in such cases.
[29:47.000 --> 29:48.560]  But we're going to continue on.
[29:48.560 --> 29:52.800]  All right, folks, 512-646-1984 is the call-in number.
[29:52.800 --> 29:54.080]  Y'all get in line if you wish.
[29:54.080 --> 29:55.920]  I'm going to keep going with this when we return.
[29:55.920 --> 30:00.080]  We will be right back.
[30:00.080 --> 30:07.280]  Burmese play-thons are not known for being good Samaritans, quite the opposite.
[30:07.280 --> 30:11.720]  But scientists have discovered something about these snakes that could potentially save human
[30:11.720 --> 30:12.720]  lives.
[30:12.720 --> 30:16.920]  I'm Dr. Catherine Albrecht, and in a moment I'll tell you what it is.
[30:16.920 --> 30:18.520]  Privacy is under attack.
[30:18.520 --> 30:22.120]  When you give up data about yourself, you'll never get it back again.
[30:22.120 --> 30:26.880]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:26.880 --> 30:31.920]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.920 --> 30:34.640]  Privacy, it's worth hanging on to.
[30:34.640 --> 30:38.920]  This public service announcement is brought to you by Startpage.com, the private search
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[30:45.960 --> 30:49.120]  You don't want to tangle with a hungry Burmese pre-thon.
[30:49.120 --> 30:53.920]  These snakes can kill full-grown deer, and I've seen photos of them swallowing alligators
[30:53.920 --> 30:54.920]  whole.
[30:54.920 --> 30:55.920]  Yikes.
[30:55.920 --> 30:58.360]  But when pythons have a big meal, some cool stuff happens.
[30:58.360 --> 31:04.440]  Their metabolism shoots up 40-fold, their hearts grow by 40%, and their triglycerides,
[31:04.440 --> 31:09.720]  the main components of natural fats and oils, rise 50-fold in just one day.
[31:09.720 --> 31:13.120]  Researchers say these fatty acids strengthen pythons' hearts.
[31:13.120 --> 31:17.320]  One day this could lead to chemical therapies to reverse heart disease in humans, making
[31:17.320 --> 31:21.440]  even a couch potato's heart as fit as a pro athlete's.
[31:21.440 --> 31:22.440]  Pythons saving people?
[31:22.440 --> 31:23.440]  Who'd have thunk it?
[31:23.440 --> 31:25.200]  I'm Dr. Catherine Albrecht.
[31:25.200 --> 31:31.520]  More news and information at CatherineAlbrecht.com.
[31:31.520 --> 31:36.880]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.880 --> 31:39.440]  The government says that fire brought it down.
[31:39.440 --> 31:43.960]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.960 --> 31:47.960]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[31:47.960 --> 31:49.400]  first responders are dying.
[31:49.400 --> 31:53.000]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction
[31:53.000 --> 31:57.200]  officer, I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we
[31:57.200 --> 31:58.520]  deserve the truth.
[31:58.520 --> 32:03.160]  Go to RememberBuilding7.org today.
[32:03.160 --> 32:05.920]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.920 --> 32:09.760]  In today's America, we live in an us-against-them society, and if we the people are ever going
[32:09.760 --> 32:13.640]  to have a free society, then we're going to have to stand and defend our own rights.
[32:13.640 --> 32:16.920]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.920 --> 32:20.960]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.960 --> 32:24.800]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.800 --> 32:26.160]  our rights through due process.
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[32:30.160 --> 32:33.920]  most comprehensive teaching tool available that will help you understand what due process
[32:33.920 --> 32:36.320]  is and how to hold courts to the rule of law.
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[32:40.360 --> 32:41.640]  ordering your copy today.
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[32:45.000 --> 32:49.400]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:49.400 --> 32:51.720]  documents, and other useful resource material.
[32:51.720 --> 32:55.680]  Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com.
[32:55.680 --> 33:13.760]  Order your copy today and together we can have a free society we all want and deserve.
[33:13.760 --> 33:42.960]  Hi folks, we are back and we are reading from an accord opinion that's just ludicrous on
[33:42.960 --> 33:45.360]  its face, but we're going to keep going.
[33:45.360 --> 33:46.560]  All right.
[33:46.560 --> 33:49.080]  Now, this opinion continues on.
[33:49.080 --> 33:56.360]  It cites a case of Bailey v. State, 15 Southwest 3rd, 622 and 626, again, Texas Court of Appeals
[33:56.360 --> 33:58.480]  in Dallas in 2000.
[33:58.480 --> 34:03.200]  The filing of the complaint in each case conferred jurisdiction on the municipal court.
[34:03.200 --> 34:08.120]  Again, not true under Article 5, Section 12B, Texas Constitution.
[34:08.120 --> 34:11.600]  Now they're actually going to talk about the statute.
[34:11.600 --> 34:17.840]  This rule finds further support in Article 45.018A of the Code of Criminal Procedure,
[34:17.840 --> 34:23.840]  which provides, for purposes of this chapter, a complaint is a sworn allegation charging
[34:23.840 --> 34:27.360]  the accused with the commission of an offense.
[34:27.360 --> 34:34.160]  Now tell me where that language in any way says an information is not required or that
[34:34.160 --> 34:38.760]  the complaint confers jurisdiction to prosecute.
[34:38.760 --> 34:43.200]  How does, for the purposes of this chapter, a complaint is a sworn allegation charging
[34:43.200 --> 34:48.440]  the accused with the commission of an offense, translate into, and it's the only document
[34:48.440 --> 34:54.200]  you need to prosecute despite all other law and all other constitutional requirements
[34:54.200 --> 34:57.680]  to the contrary?
[34:57.680 --> 35:02.120]  Where do they get that idea?
[35:02.120 --> 35:05.400]  This is legislation from the bench.
[35:05.400 --> 35:09.360]  Absolutely no question.
[35:09.360 --> 35:12.160]  And it completely is improper.
[35:12.160 --> 35:15.520]  But we keep letting these idiots get away with this.
[35:15.520 --> 35:22.720]  Now continuing on in this so-called opinion, the point of error complaining of the want
[35:22.720 --> 35:26.920]  of an indictment or information is therefore overruled.
[35:26.920 --> 35:37.000]  Now let's not forget the section that they want to use was actually repealed in 1999,
[35:37.000 --> 35:41.600]  which is 45.01.
[35:41.600 --> 35:49.880]  And with that section repealed, there's nothing, they rewrote it into the 45.018A.
[35:49.880 --> 36:00.320]  A now reads pretty much exactly how 45.01 used to read with the exception that it no
[36:00.320 --> 36:05.080]  longer is verbatim in chapter 15.
[36:05.080 --> 36:10.380]  It's real close, but it's not exactly the way it was when it was 45.01.
[36:10.380 --> 36:11.480]  But it's close enough.
[36:11.480 --> 36:18.480]  It didn't change anything as far as granting jurisdiction, nullifying the requirement of
[36:18.480 --> 36:23.200]  information or making itself a charging instrument.
[36:23.200 --> 36:28.280]  Didn't change anything because this is very, very much the language that is in chapter
[36:28.280 --> 36:33.440]  15, where they will tell you right off the bat that an information is required to go
[36:33.440 --> 36:35.760]  with the complaint.
[36:35.760 --> 36:42.560]  So why there and not here, expediency and revenue.
[36:42.560 --> 36:48.960]  They see the thing is there's a provision in article 45 that specifically states that
[36:48.960 --> 36:56.160]  the county attorney cannot get paid any additional monies for prosecuting the cases that are
[36:56.160 --> 36:59.760]  brought under the transportation code.
[36:59.760 --> 37:04.840]  Any fine only offense that goes through the county attorney's office, he can't charge
[37:04.840 --> 37:06.640]  the city for.
[37:06.640 --> 37:10.720]  And the state doesn't get any more money or the county doesn't get any more money because
[37:10.720 --> 37:13.280]  he has to prosecute them.
[37:13.280 --> 37:18.360]  This is why they started offloading those cases to the city attorneys rather than the
[37:18.360 --> 37:20.360]  county attorneys.
[37:20.360 --> 37:22.040]  This is what they did it for.
[37:22.040 --> 37:26.680]  But because the prosecuting attorney for the county cannot get paid and recompense the
[37:26.680 --> 37:33.000]  time and money they have to spend at the county level to have him over there, they've offloaded
[37:33.000 --> 37:35.420]  it to these city attorneys.
[37:35.420 --> 37:41.100]  But right here, it's just proof positive of what they're doing, because when we keep going
[37:41.100 --> 37:49.100]  through this, let's see, last appellate complains that the state did not have standing to prosecute
[37:49.100 --> 37:53.840]  Buckley given the fact that the state never attempted to challenge Buckley's assertion
[37:53.840 --> 37:57.520]  that he was not engaged in transportation.
[37:57.520 --> 38:01.520]  Appellate posits the notion that the laws governing traffic on our roadways do not apply
[38:01.520 --> 38:05.960]  to him because he was traveling vitally upon the public right of way as a matter of right
[38:05.960 --> 38:11.920]  in defendant's private and personal capacity and in defendant's private automobile.
[38:11.920 --> 38:15.960]  Defendant was not driving or operating a vehicle, motor vehicle, commercial motor vehicle or
[38:15.960 --> 38:19.720]  any other commercial use machine upon the highway.
[38:19.720 --> 38:24.880]  Appellate's views concerning this field of law are, to say the least, unusual.
[38:24.880 --> 38:29.280]  It is patent nonsense to assert that the speed limits and licensing requirements for motor
[38:29.280 --> 38:32.520]  vehicles apply only to commercial travelers.
[38:32.520 --> 38:36.400]  Now notice right here, he is mixing terminology.
[38:36.400 --> 38:40.960]  He is also mixing application of the law.
[38:40.960 --> 38:45.840]  And it's either intentional or from gross stupidity.
[38:45.840 --> 38:52.880]  Either way, that's not good, because there's no such thing in relation to the right to
[38:52.880 --> 38:57.200]  travel and a commercial traveler.
[38:57.200 --> 39:01.400]  They're completely different connotations for the purpose of the law.
[39:01.400 --> 39:07.240]  The commercial traveler is the one that's being paid to transport, they're passengers
[39:07.240 --> 39:14.640]  versus someone traveling vitally in their own private capacity without paying anybody.
[39:14.640 --> 39:19.840]  As a matter of law, they are distinctly different creatures.
[39:19.840 --> 39:26.640]  And yet, he is using the term commercial travelers to make it appear as if they're similar and
[39:26.640 --> 39:30.960]  they're not.
[39:30.960 --> 39:35.720]  If we go on, if that were the case, we would have chaos in our streets.
[39:35.720 --> 39:43.920]  Now this is a legal presumption that has no basis in law, no facts to back it up.
[39:43.920 --> 39:46.200]  Absolutely none.
[39:46.200 --> 39:55.020]  This is nothing more than the judge attempting to predict the future based upon his own opinions
[39:55.020 --> 39:57.680]  of reality.
[39:57.680 --> 39:58.680]  That's it.
[39:58.680 --> 40:05.280]  It's got nothing to do with law.
[40:05.280 --> 40:07.040]  Everyone would be able to drive.
[40:07.040 --> 40:11.240]  Notice he's sticking to the commercial terminology at this point.
[40:11.240 --> 40:17.600]  At whatever speed he chose and to stop or not stop at red lights, this judge is completely
[40:17.600 --> 40:23.400]  ignoring several other things that are common sense to anybody that knows anything about
[40:23.400 --> 40:24.400]  liberty.
[40:24.400 --> 40:30.360]  One, you can't exercise your right to the detriment of the rights of another.
[40:30.360 --> 40:36.120]  You must use due diligence when you're interacting in a public method to ensure that your acts
[40:36.120 --> 40:39.160]  do not perpetrate a harm.
[40:39.160 --> 40:45.040]  That doesn't mean that you would automatically go out and ignore a red light, okay?
[40:45.040 --> 40:51.480]  But if you did and managed to not cause a harm, then you really haven't committed a
[40:51.480 --> 40:56.320]  crime because there are no injured parties.
[40:56.320 --> 41:04.920]  Now the fact of the matter is, is that your actions, however, could have and most likely
[41:04.920 --> 41:09.520]  should have resulted in an imminent danger to the public.
[41:09.520 --> 41:14.440]  Now I know that that goes against reason to say you did or you didn't, but you can do
[41:14.440 --> 41:20.440]  something that you knew had the potential to cause a great deal of harm but chose to
[41:20.440 --> 41:23.960]  do it anyway in a negligent fashion.
[41:23.960 --> 41:28.300]  And that, ladies and gentlemen, like it or not, is a crime.
[41:28.300 --> 41:37.280]  When you do things that you know, the potential outcome will most likely result in harm.
[41:37.280 --> 41:46.640]  If anything at all goes wrong and you choose to commit that act negligently, that's a crime
[41:46.640 --> 41:50.840]  because that's willful endangerment of someone else.
[41:50.840 --> 41:54.240]  And my rights say you can't willfully endanger me.
[41:54.240 --> 42:02.200]  I have to consent to being endangered before that will even begin to fly.
[42:02.200 --> 42:06.340]  And in this case, that didn't happen.
[42:06.340 --> 42:12.080]  So understand that you can commit a crime for which there's not an actual injury when
[42:12.080 --> 42:18.640]  it involves negligence that had the extreme potential to do that.
[42:18.640 --> 42:22.960]  It's like standing there with a gasoline or propane tank leaking in your backyard and
[42:22.960 --> 42:29.480]  shooting a flamethrower at it trying to say, yeah, let's see if it may or it may not.
[42:29.480 --> 42:35.280]  That's just completely reckless endangerment of everything and everyone around you.
[42:35.280 --> 42:40.400]  All right, let's continue.
[42:40.400 --> 42:44.860]  Now everyone will be able to drive at whatever speed he chose and to stop or not to stop
[42:44.860 --> 42:45.860]  at red lights.
[42:45.860 --> 42:49.160]  Police officers would have little guidance before they made a traffic stop in judging
[42:49.160 --> 42:54.280]  whether the law in question even applied to this particular traveler.
[42:54.280 --> 43:04.320]  The death toll would be substantial, again, a presumption, not a proven fact.
[43:04.320 --> 43:05.320]  Appellate is incorrect.
[43:05.320 --> 43:12.040]  Well, again, this judge has not cited a single case or a single piece of law that supports
[43:12.040 --> 43:13.760]  any of these assertions.
[43:13.760 --> 43:20.760]  He hadn't even supplied a single piece of factual data supporting any of these assertions.
[43:20.760 --> 43:27.480]  He's going strictly off how he wants things to operate, not how the law requires them
[43:27.480 --> 43:30.560]  to.
[43:30.560 --> 43:35.680]  The rules of the road apply to all travelers and pickup trucks who are driving down Enfield
[43:35.680 --> 43:38.960]  Road in Austin, Texas on a morning in August.
[43:38.960 --> 43:41.080]  The final point of error is overruled.
[43:41.080 --> 43:45.880]  Now that's basically his entire opinion, but I'll read the order here in just a second,
[43:45.880 --> 43:46.880]  the actual order.
[43:46.880 --> 43:51.640]  So y'all hang on folks, 512-646-1984.
[43:51.640 --> 43:55.400]  We are ready to start taking calls if y'all want to call in, comment, or ask questions.
[43:55.400 --> 44:02.400]  We will be right back.
[44:25.400 --> 44:32.400]  We will be right back.
[44:55.400 --> 45:02.400]  We will be right back.
[45:25.400 --> 45:50.080]  We will be right back.
[45:56.400 --> 46:23.400]  We will be right back.
[46:23.400 --> 46:30.400]  We will be right back.
[46:30.400 --> 46:33.400]  All right, folks, we are back.
[46:33.400 --> 46:36.400]  This is Rule of Law Radio.
[46:36.400 --> 46:43.400]  All right, now real quick, just to finish up the opinion here, which has now suddenly
[46:43.400 --> 46:46.400]  gone bye bye all of a sudden.
[46:46.400 --> 46:51.400]  I hate days like that.
[46:51.400 --> 46:53.400]  Okay.
[46:53.400 --> 46:58.400]  Anyway, this cause came to be heard in the transcript of the record of the court below
[46:58.400 --> 47:01.400]  and the same being considered because it is the opinion of this court that there was no
[47:01.400 --> 47:02.400]  error in the judgments.
[47:02.400 --> 47:05.400]  It is ordered and judged as decreed by the court that the judgments be in all things
[47:05.400 --> 47:08.400]  affirmed, that the appellate pay all costs relating to this appeal, and that this decision
[47:08.400 --> 47:10.400]  be certified below for observance.
[47:10.400 --> 47:13.400]  Guess what?
[47:13.400 --> 47:15.400]  Moron.
[47:15.400 --> 47:19.400]  And I won't keep saying that because this judge obviously has never bothered to read
[47:19.400 --> 47:24.400]  anything dealing with anything except the other opinions, which are just as wrong as
[47:24.400 --> 47:25.400]  his.
[47:25.400 --> 47:30.400]  So that being said, 512-646-1984 is the call-in number.
[47:30.400 --> 47:31.400]  Give us a holler.
[47:31.400 --> 47:34.400]  Right now we're going to talk to Steve in Texas.
[47:34.400 --> 47:37.400]  Steve, what can we do for you?
[47:37.400 --> 47:42.400]  Yeah, that last part you just read about, you know, that he should pay all the costs?
[47:42.400 --> 47:43.400]  Yeah.
[47:43.400 --> 47:51.400]  So I'm looking here at the Texas Code of Criminal Procedure, Chapter 43, Execution of Judgment,
[47:51.400 --> 47:55.400]  where it tells you in Article 43.02, payable and money.
[47:55.400 --> 47:57.400]  If I read that, it's real show.
[47:57.400 --> 48:02.400]  It says, oh, we're cognizant of bail bonds and undertakings of any kind whereby a party
[48:02.400 --> 48:09.400]  becomes bound to pay money to the state and all fines and forfeitures of a pecuniary character
[48:09.400 --> 48:14.400]  is collected in the lawful money of the United States only.
[48:14.400 --> 48:15.400]  That's gold and silver.
[48:15.400 --> 48:16.400]  Stop, stop, stop.
[48:16.400 --> 48:19.400]  That is incorrect.
[48:19.400 --> 48:25.400]  The lawful money of the United States, you are presuming what the definition of United
[48:25.400 --> 48:26.400]  States is.
[48:26.400 --> 48:29.400]  Don't do that.
[48:29.400 --> 48:36.400]  There are more than 26 different definitions for the term United States.
[48:36.400 --> 48:42.400]  You have no clue which one they're referring to, but I guarantee you it is not the United
[48:42.400 --> 48:45.400]  States of America.
[48:45.400 --> 48:48.400]  That lawful money is gold and silver.
[48:48.400 --> 48:51.400]  Wait, wait, wait, wait, wait, Steve, hold on.
[48:51.400 --> 48:57.400]  The federal courts have already ruled that in the federal arena, and this is what they
[48:57.400 --> 49:04.400]  did with Lincoln, in the federal arena, Congress can make anything payable as money that they
[49:04.400 --> 49:07.400]  want to, including FRNs.
[49:07.400 --> 49:10.400]  They are not bound by gold and silver.
[49:10.400 --> 49:12.400]  But it says lawful.
[49:12.400 --> 49:13.400]  Lawful money.
[49:13.400 --> 49:15.400]  It's whatever Congress decreed to be.
[49:15.400 --> 49:18.400]  That's lawful in the United States.
[49:18.400 --> 49:23.400]  It says legal tender on it.
[49:23.400 --> 49:25.400]  Look up the word legal tender.
[49:25.400 --> 49:27.400]  Right, but it also says payable.
[49:27.400 --> 49:28.400]  It doesn't say district.
[49:28.400 --> 49:29.400]  No, no, no.
[49:29.400 --> 49:31.400]  Okay.
[49:31.400 --> 49:35.400]  The statute you read said lawful money.
[49:35.400 --> 49:36.400]  Right.
[49:36.400 --> 49:38.400]  As legal tender.
[49:38.400 --> 49:41.400]  Yes or no?
[49:41.400 --> 49:44.400]  It just says in the lawful money of the United States.
[49:44.400 --> 49:47.400]  Which in this case right now is FRNs.
[49:47.400 --> 49:50.400]  It is not gold and silver.
[49:50.400 --> 49:53.400]  They are talking about a separate thing.
[49:53.400 --> 49:58.400]  Well, okay, let's say I'm going to go along with that.
[49:58.400 --> 50:06.400]  But if you go down to article 43.03, right below it, if you go, skip A and go to B, it
[50:06.400 --> 50:13.400]  says the term of confinement for default and payment of fine or cost or both may not exceed
[50:13.400 --> 50:20.400]  the maximum term of confinement authorized for the offense for which the defendant was
[50:20.400 --> 50:23.400]  sentenced to pay the fine or cost or both.
[50:23.400 --> 50:29.400]  So in other words, in a Class C misdemeanor, since there's no jail time, if you default,
[50:29.400 --> 50:32.400]  they can't do anything to you.
[50:32.400 --> 50:35.400]  Well, they can't incarcerate you.
[50:35.400 --> 50:36.400]  Right.
[50:36.400 --> 50:37.400]  So what else can they do?
[50:37.400 --> 50:43.400]  Because even what it says in what a fine is, like in Class C misdemeanor, it says the
[50:43.400 --> 50:48.400]  maximum fine, it's got like a dollar symbol, but it doesn't define that.
[50:48.400 --> 50:50.400]  And then it says 500.
[50:50.400 --> 50:55.400]  It doesn't define either of those except when it says lawful money of the United States
[50:55.400 --> 50:58.400]  over here and payable and money.
[50:58.400 --> 51:01.400]  So I don't know what any of that really is.
[51:01.400 --> 51:03.400]  They just have a number.
[51:03.400 --> 51:09.400]  And then down here in 43.03, it says if I default on a Class C misdemeanor, they can't
[51:09.400 --> 51:12.400]  do anything to me because there's no jail time.
[51:12.400 --> 51:13.400]  You can't exceed it.
[51:13.400 --> 51:14.400]  That's correct.
[51:14.400 --> 51:18.400]  And the provisions in the chapter that once allowed them to tell you you had to sit it
[51:18.400 --> 51:20.400]  out is not there anymore.
[51:20.400 --> 51:24.400]  Those are repealed as well.
[51:24.400 --> 51:25.400]  So you are correct.
[51:25.400 --> 51:28.400]  They can't put you in jail for failure to pay.
[51:28.400 --> 51:32.400]  I've said that before, a long time ago, and I've said it repeatedly.
[51:32.400 --> 51:36.400]  So even if you lose your case, you can still stand on that.
[51:36.400 --> 51:40.400]  Well, there's one other caveat to the Code of Criminal Procedure that makes what you
[51:40.400 --> 51:47.400]  just read perfectly valid, and that is Title II of the Code of Criminal Procedure where
[51:47.400 --> 51:56.400]  it deals with how they must submit a signed itemized bill to the accused before they can
[51:56.400 --> 52:00.400]  collect a penny, and they never do that.
[52:00.400 --> 52:05.400]  Title II, what chapter is that?
[52:05.400 --> 52:10.400]  I don't know what chapter it starts in, but it's Title II of the Code of Criminal Procedure.
[52:10.400 --> 52:12.400]  Oh, look it up.
[52:12.400 --> 52:13.400]  Okay.
[52:13.400 --> 52:17.400]  When they sign an itemized bill, they can't even collect the money.
[52:17.400 --> 52:19.400]  Right.
[52:19.400 --> 52:20.400]  All right.
[52:20.400 --> 52:25.400]  But again, the lawful money of the United States is FRNs.
[52:25.400 --> 52:27.400]  They've decreed it to be so.
[52:27.400 --> 52:31.400]  They can operate at the federal level on anything they want to.
[52:31.400 --> 52:36.400]  The Constitution does not tell the federal government what it has to use as money.
[52:36.400 --> 52:39.400]  It only tells the states.
[52:39.400 --> 52:47.400]  No state shall accept this payment for a debt, anything other than gold and silver coin.
[52:47.400 --> 52:48.400]  Right.
[52:48.400 --> 52:54.400]  But every state has a secretary of state, and so does the United States of America,
[52:54.400 --> 52:55.400]  the District of Columbia.
[52:55.400 --> 53:04.400]  You are once again assuming the definition of state versus the one they're using is the same.
[53:04.400 --> 53:10.400]  If they're saying the state in question is a federal zone for that purpose,
[53:10.400 --> 53:15.400]  because remember, the transportation code fines that we're talking about here
[53:15.400 --> 53:22.400]  are all under something that's derived from federal law, Title 49, United States Code.
[53:22.400 --> 53:23.400]  Okay?
[53:23.400 --> 53:24.400]  Right.
[53:24.400 --> 53:25.400]  Wait, wait, wait.
[53:25.400 --> 53:28.400]  Let me finish this explanation here.
[53:28.400 --> 53:37.400]  Title 49 being federal law, they can take anything they want in payment for it,
[53:37.400 --> 53:44.400]  anything that the federal government decrees as lawful money, period.
[53:44.400 --> 53:46.400]  End of story.
[53:46.400 --> 53:48.400]  Now, go ahead.
[53:48.400 --> 53:52.400]  In my understanding, they do have Article 43.02.
[53:52.400 --> 53:55.400]  It does say payable in money.
[53:55.400 --> 53:59.400]  Just looking at payable, you cannot pay with a debt.
[53:59.400 --> 54:00.400]  You can't even own a debt.
[54:00.400 --> 54:05.400]  Again, you are assuming what payable means in common language
[54:05.400 --> 54:08.400]  versus how they wish to construe it under what they're doing.
[54:08.400 --> 54:09.400]  Right.
[54:09.400 --> 54:17.400]  But if you look at the very bottom, it says this was done by Act 1965 of the 59th Legislature.
[54:17.400 --> 54:23.400]  That's because in 1965, we still had silver coins all over the place.
[54:23.400 --> 54:29.400]  They were still making, stamping out 1964 on coins all the way up through 1966
[54:29.400 --> 54:32.400]  because they didn't have enough of the clad coins.
[54:32.400 --> 54:37.400]  So we still had lawful money when they put this at, you know, this...
[54:37.400 --> 54:44.400]  Again, lawful money of the state versus the United States for payment of a debt.
[54:44.400 --> 54:46.400]  They wrote this in 1965.
[54:46.400 --> 54:50.400]  It was in common circulation that there was still plenty of silver out there.
[54:50.400 --> 54:54.400]  There was also FRNs in circulation, Steve.
[54:54.400 --> 54:55.400]  Right.
[54:55.400 --> 54:58.400]  But one is lawful money and the other is legal tender.
[54:58.400 --> 55:00.400]  It says right on the note.
[55:00.400 --> 55:02.400]  And you can't own legal tender.
[55:02.400 --> 55:06.400]  You can only use it to participate in commerce.
[55:06.400 --> 55:07.400]  No kidding.
[55:07.400 --> 55:09.400]  What do you think we're talking about here?
[55:09.400 --> 55:14.400]  What can the federal government regulate within the state except for commerce?
[55:14.400 --> 55:15.400]  Absolutely nothing.
[55:15.400 --> 55:20.400]  It's something that you don't own. You can only discharge and pass on the debt.
[55:20.400 --> 55:23.400]  You can't own a Federal Reserve note.
[55:23.400 --> 55:27.400]  Again, what is the point of your argument?
[55:27.400 --> 55:30.400]  What is the point of your argument?
[55:30.400 --> 55:35.400]  That you don't have to pay them anything because you cannot pay...
[55:35.400 --> 55:43.400]  Steve, if I say you can pay me with a sack of potatoes, it doesn't have to be money.
[55:43.400 --> 55:44.400]  Right. That's payment.
[55:44.400 --> 55:50.400]  Okay. Well, they said the payment we will take is monopoly money.
[55:50.400 --> 55:55.400]  But if I had a sack of potatoes and I didn't own them, I couldn't pay you with them.
[55:55.400 --> 55:58.400]  But they own the damn paper is what I'm telling you.
[55:58.400 --> 56:05.400]  Right. But if I have a farm and I got $500 in my pocket and they want $500, I can't pay them with that.
[56:05.400 --> 56:08.400]  I can only discharge because I don't own that paper money.
[56:08.400 --> 56:10.400]  I may have an equitable interest in it.
[56:10.400 --> 56:16.400]  It belongs to the Federal Reserve Bank and they issue it so we can use it to enter commerce.
[56:16.400 --> 56:18.400]  I don't own anything.
[56:18.400 --> 56:23.400]  If I go and swap it with somebody else, then I can get something that I own like gold or silver or, you know,
[56:23.400 --> 56:26.400]  some food or something and I can consume the food.
[56:26.400 --> 56:29.400]  But I don't ever own a Federal Reserve note and I can't pay them.
[56:29.400 --> 56:32.400]  I can only discharge.
[56:32.400 --> 56:39.400]  Again, their use of terminology versus what you are willing to accept is terminology.
[56:39.400 --> 56:41.400]  They consider it payment.
[56:41.400 --> 56:44.400]  Whether you do or not is irrelevant.
[56:44.400 --> 56:45.400]  They do.
[56:45.400 --> 56:46.400]  I understand that.
[56:46.400 --> 56:47.400]  They do consider it payment.
[56:47.400 --> 56:50.400]  Then what the hell are we arguing about if you understand that?
[56:50.400 --> 56:54.400]  They're improperly considering it then.
[56:54.400 --> 56:57.400]  Again, you and I don't write them.
[56:57.400 --> 57:02.400]  So whether they're incorrectly stating it or not, we don't have any control over.
[57:02.400 --> 57:04.400]  Well, okay, I'll go along with that.
[57:04.400 --> 57:09.400]  But you don't have to pay them or discharge to them because there's no jail time
[57:09.400 --> 57:12.400]  so there's nothing they can do if you're willing to stand your ground.
[57:12.400 --> 57:17.400]  Well, the problem there is is they still have the guns and the perception that they're right,
[57:17.400 --> 57:19.400]  whether you do or not.
[57:19.400 --> 57:26.400]  So until we make an argument that actually blows up their ability to stand on that bridge,
[57:26.400 --> 57:29.400]  then you better figure out a different way to approach it
[57:29.400 --> 57:34.400]  because arguing over the word payment isn't going to solve the problem.
[57:34.400 --> 57:36.400]  Well, I'll argue more than one word.
[57:36.400 --> 57:38.400]  I'll argue a whole bunch of them.
[57:38.400 --> 57:42.400]  Well, you just did and you lost them all because that's not the relevant issue here
[57:42.400 --> 57:46.400]  and it's not one you're going to be allowed to address in the court.
[57:46.400 --> 57:49.400]  I don't, well, I'll find out.
[57:49.400 --> 57:53.400]  I haven't pulled over in a very, very long time, but I hit on this reading.
[57:53.400 --> 57:58.400]  You're talking about what you're getting charged with versus what comes after
[57:58.400 --> 58:00.400]  on the settlement end of the judgment.
[58:00.400 --> 58:06.400]  That's two completely different characters, two completely separate issues in a court.
[58:06.400 --> 58:10.400]  So one will not be allowed to use the hammer on the other.
[58:10.400 --> 58:15.400]  The only way you're going to go after what you're talking about is to sue somebody over that issue
[58:15.400 --> 58:22.400]  and I guarantee you that's the light they're not going to let you expose, at least not yet.
[58:22.400 --> 58:24.400]  Well, all right.
[58:24.400 --> 58:25.400]  Okay.
[58:25.400 --> 58:26.400]  Okay, thanks.
[58:26.400 --> 58:27.400]  All right, bye.
[58:27.400 --> 58:30.400]  All right, folks, we are coming up on the top of the hour break.
[58:30.400 --> 58:34.400]  Richard, Pam, I see you all there, so please hang on and I'll get you on the other side here.
[58:34.400 --> 58:39.400]  Folks, call in number 512-646-1984.
[58:39.400 --> 58:40.400]  Give us a call.
[58:40.400 --> 58:49.400]  Let's do some talking.
[58:49.400 --> 58:53.400]  The Bible remains the most popular book in the world,
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[59:47.400 --> 59:50.400]  That's freestudybible.com.
[59:50.400 --> 01:00:02.400]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:00:02.400 --> 01:00:06.400]  This is the Liberty Beat, your daily source for Liberty news and activist updates,
[01:00:06.400 --> 01:00:09.400]  online at thelibertybeat.com.
[01:00:09.400 --> 01:00:13.400]  I'm Brian Hagan with your Liberty Beat for Monday, March 10, 2014.
[01:00:13.400 --> 01:00:16.400]  Gold opened today at $1,338.
[01:00:16.400 --> 01:00:19.400]  Silver opened at $20.94.
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[01:00:39.400 --> 01:00:46.400]  For your residential mortgage needs, call Dorothy, 512-343-6494,
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[01:00:55.400 --> 01:01:00.400]  available at Brave New Books, or online at mymagicmud.com.
[01:01:00.400 --> 01:01:03.400]  In the news, the Foreign Intelligence Surveillance Court,
[01:01:03.400 --> 01:01:07.400]  commonly known as FISA, has rejected a government petition.
[01:01:07.400 --> 01:01:10.400]  Russia Today reports a request was made to allow the government
[01:01:10.400 --> 01:01:16.400]  to contain phone records for longer than the five years currently allowed.
[01:01:16.400 --> 01:01:19.400]  A group representing around 200 Nova Scotian farmers
[01:01:19.400 --> 01:01:22.400]  is opposing the introduction of genetically engineered apples
[01:01:22.400 --> 01:01:24.400]  from British Columbia, Canada.
[01:01:24.400 --> 01:01:28.400]  The Nova Scotia Fruit Growers Association is speaking out against
[01:01:28.400 --> 01:01:31.400]  a Summerland, B.C. apple growers application
[01:01:31.400 --> 01:01:33.400]  for approval of a genetically engineered apple
[01:01:33.400 --> 01:01:35.400]  that doesn't turn brown once sliced.
[01:01:35.400 --> 01:01:38.400]  Businessman Neil Carter believes his company's product
[01:01:38.400 --> 01:01:40.400]  will be valuable for the pre-sliced fruit market,
[01:01:40.400 --> 01:01:43.400]  but Robert Peel, president of the Growers Association,
[01:01:43.400 --> 01:01:46.400]  worries that customers' fears of genetically modified organisms
[01:01:46.400 --> 01:01:50.400]  may hurt business.
[01:01:50.400 --> 01:01:53.400]  On Sunday afternoon, thousands of activists walked across
[01:01:53.400 --> 01:01:56.400]  the Edmund Pettus Bridge in Alabama,
[01:01:56.400 --> 01:02:01.400]  marking the anniversary of the violent Woody Sunday marches of 1965.
[01:02:01.400 --> 01:02:07.400]  On March 7, 1965, 600 protesters marched against the exclusionary voting process.
[01:02:07.400 --> 01:02:10.400]  The police gasped, beat, and ran over them with horses.
[01:02:10.400 --> 01:02:16.400]  Two days later, police prevented 2,500 citizens from marching across the bridge.
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[01:02:47.400 --> 01:02:50.400]  That's growyourowngroceries.org.
[01:02:50.400 --> 01:02:55.400]  This is the Liberty Beat for Monday, March 10, 2014.
[01:02:55.400 --> 01:03:05.400]  Check out the website at thelibertybeat.com.
[01:03:25.400 --> 01:03:33.400]  Hi, folks, we are back.
[01:03:33.400 --> 01:03:35.400]  This is Rule of Law Radio.
[01:03:35.400 --> 01:03:38.400]  All right, now we're going to go to Richard in Texas.
[01:03:38.400 --> 01:03:40.400]  Richard, what can we do for you?
[01:03:40.400 --> 01:03:41.400]  Hello?
[01:03:41.400 --> 01:03:42.400]  Hello?
[01:03:42.400 --> 01:03:44.400]  Hello, can you hear me?
[01:03:44.400 --> 01:03:46.400]  Yes.
[01:03:46.400 --> 01:03:49.400]  Okay, I got a problem.
[01:03:49.400 --> 01:03:51.400]  Okay.
[01:03:51.400 --> 01:03:55.400]  I'm not, I'm here in Austin, Texas,
[01:03:55.400 --> 01:04:02.400]  and the City of Austin Municipal Court sent me a letter.
[01:04:02.400 --> 01:04:03.400]  Okay.
[01:04:03.400 --> 01:04:09.400]  And this is to advise you that a sworn complaint has been filed
[01:04:09.400 --> 01:04:12.400]  in the municipal court in Austin, Texas,
[01:04:12.400 --> 01:04:16.400]  charging you with the following offense.
[01:04:16.400 --> 01:04:21.400]  Name it as animal improper restraint.
[01:04:21.400 --> 01:04:22.400]  Okay.
[01:04:22.400 --> 01:04:26.400]  Now, is that a law or is there an ordinance?
[01:04:26.400 --> 01:04:29.400]  Most likely an ordinance.
[01:04:29.400 --> 01:04:35.400]  So now there's, they want $152.
[01:04:35.400 --> 01:04:38.400]  What animals do you own?
[01:04:38.400 --> 01:04:41.400]  I have two dogs.
[01:04:41.400 --> 01:04:45.400]  Okay, and how are your dogs maintained?
[01:04:45.400 --> 01:04:54.400]  Now, I have put a seven-foot fence around them,
[01:04:54.400 --> 01:05:02.400]  and they have been in there for, since this came in.
[01:05:02.400 --> 01:05:06.400]  Where were they before that?
[01:05:06.400 --> 01:05:11.400]  Well, they were in the yard, but these dogs are so huge
[01:05:11.400 --> 01:05:19.400]  that they can jump the fence, I have to make a pen for them,
[01:05:19.400 --> 01:05:22.400]  because they can jump that fence and get out,
[01:05:22.400 --> 01:05:26.400]  and then they had picked up one of my dogs,
[01:05:26.400 --> 01:05:29.400]  and I had to go get her out of the dog pound,
[01:05:29.400 --> 01:05:35.400]  because she had jumped the fence.
[01:05:35.400 --> 01:05:40.400]  Okay, so that's why they ticketed you is because the pound got your dog,
[01:05:40.400 --> 01:05:44.400]  and they got your information when you picked the dog up.
[01:05:44.400 --> 01:05:46.400]  Yeah, probably so.
[01:05:46.400 --> 01:05:50.400]  But the other one, the big one, the biggest one,
[01:05:50.400 --> 01:05:53.400]  they didn't pick him up because he was chained up.
[01:05:53.400 --> 01:05:55.400]  Okay, well, I kind of figured that.
[01:05:55.400 --> 01:05:59.400]  We're dealing with the one that got out.
[01:05:59.400 --> 01:06:05.400]  The girl dog, she had gotten out, and they were just around this area.
[01:06:05.400 --> 01:06:12.400]  There's four houses here that they just attacked all the houses with dogs just in the street.
[01:06:12.400 --> 01:06:16.400]  Wait, what do you mean they attacked all the houses with dogs in the street?
[01:06:16.400 --> 01:06:22.400]  Well, they just, I don't know who called them or what.
[01:06:22.400 --> 01:06:27.400]  Are you saying that they came through and wrote tickets to everybody whose dog was loose?
[01:06:27.400 --> 01:06:29.400]  Yeah.
[01:06:29.400 --> 01:06:32.400]  Okay.
[01:06:32.400 --> 01:06:37.400]  And now they're going to, if I don't pay this amount,
[01:06:37.400 --> 01:06:40.400]  that they'll put a warrant up on my arrest.
[01:06:40.400 --> 01:06:42.400]  Okay.
[01:06:42.400 --> 01:06:47.400]  And I don't know what to do.
[01:06:47.400 --> 01:06:50.400]  Well, did you not hear the little discussion Stephen and I were having
[01:06:50.400 --> 01:06:55.400]  regarding Chapter 43 of the Code of Criminal Procedure?
[01:06:55.400 --> 01:06:57.400]  Yes, I did.
[01:06:57.400 --> 01:07:02.400]  Okay, so the question here is if this is a fine-only offense,
[01:07:02.400 --> 01:07:07.400]  how can they issue a warrant for your arrest in which case they remand you to jail
[01:07:07.400 --> 01:07:15.400]  until such time as you're brought before the magistrate when there is zero jail time allowed for a fine-only offense?
[01:07:15.400 --> 01:07:21.400]  See, these are the things in the statutes that these idiots ignore.
[01:07:21.400 --> 01:07:26.400]  And I'm not even sure they know they're there, but the fact is they are.
[01:07:26.400 --> 01:07:34.400]  There should be grounds for a lawsuit to hold them accountable.
[01:07:34.400 --> 01:07:42.400]  But as far as your problem, when you went down and did what you did at the dog pound,
[01:07:42.400 --> 01:07:49.400]  you probably gave them everything they needed to make sure they succeed.
[01:07:49.400 --> 01:07:52.400]  But she wasn't a problem.
[01:07:52.400 --> 01:07:54.400]  She being who?
[01:07:54.400 --> 01:07:55.400]  My girl dog.
[01:07:55.400 --> 01:07:58.400]  What do you mean she isn't the problem?
[01:07:58.400 --> 01:08:03.400]  Because it's not concerning her.
[01:08:03.400 --> 01:08:04.400]  How do you know that?
[01:08:04.400 --> 01:08:07.400]  Did they say the dog's name in the paperwork?
[01:08:07.400 --> 01:08:08.400]  No.
[01:08:08.400 --> 01:08:11.400]  Well, then why are you assuming that's not the issue?
[01:08:11.400 --> 01:08:18.400]  Because when the dog people were around this area, they looked over there
[01:08:18.400 --> 01:08:24.400]  and they see my dog title, the boy dog.
[01:08:24.400 --> 01:08:26.400]  Where was he tied up?
[01:08:26.400 --> 01:08:28.400]  In the yard.
[01:08:28.400 --> 01:08:34.400]  Front, back, side, what?
[01:08:34.400 --> 01:08:37.400]  It's open right here.
[01:08:37.400 --> 01:08:41.400]  Well, I can't see, so you're going to have to tell me what I'm asking here.
[01:08:41.400 --> 01:08:42.400]  In the front.
[01:08:42.400 --> 01:08:46.400]  Okay. And in the front, did he have food and water?
[01:08:46.400 --> 01:08:48.400]  Of course, all the time.
[01:08:48.400 --> 01:08:51.400]  Okay. And it was all okay when this occurred?
[01:08:51.400 --> 01:08:55.400]  Was it turned over or anything of that nature and he couldn't reach anybody
[01:08:55.400 --> 01:08:59.400]  coming in or out of any of the houses or going down the sidewalk?
[01:08:59.400 --> 01:09:00.400]  No.
[01:09:00.400 --> 01:09:04.400]  Okay. Was he knotted up and tied down in any way?
[01:09:04.400 --> 01:09:07.400]  No. He had a long tongue.
[01:09:07.400 --> 01:09:13.400]  Okay. Then what exactly is the restraint issue?
[01:09:13.400 --> 01:09:16.400]  If it's not clear as to what they're charging you with,
[01:09:16.400 --> 01:09:20.400]  have you bothered to look the ordinance up?
[01:09:20.400 --> 01:09:22.400]  No, not yet.
[01:09:22.400 --> 01:09:24.400]  Well, I'd get started on that.
[01:09:24.400 --> 01:09:27.400]  You need to know exactly what it is they're trying to charge you with
[01:09:27.400 --> 01:09:30.400]  so you can beat them black and blue with it.
[01:09:30.400 --> 01:09:36.400]  All they say is improper restraint of an animal.
[01:09:36.400 --> 01:09:39.400]  Okay. Well, that's very vague and ambiguous.
[01:09:39.400 --> 01:09:43.400]  Yeah.
[01:09:43.400 --> 01:09:48.400]  So find out what is required to meet that statement of unlawful restraint
[01:09:48.400 --> 01:09:52.400]  of an animal or improper restraint of an animal.
[01:09:52.400 --> 01:09:58.400]  And also, you know, in this paper they don't say who filed the complaint.
[01:09:58.400 --> 01:10:04.400]  They don't have to say who filed the complaint.
[01:10:04.400 --> 01:10:07.400]  The complaint will be signed by somebody.
[01:10:07.400 --> 01:10:13.400]  Now, that may or may not be who actually filed it,
[01:10:13.400 --> 01:10:16.400]  but you were never given a citation, were you?
[01:10:16.400 --> 01:10:17.400]  No.
[01:10:17.400 --> 01:10:18.400]  Okay.
[01:10:18.400 --> 01:10:20.400]  Not even.
[01:10:20.400 --> 01:10:22.400]  I've been saying nothing.
[01:10:22.400 --> 01:10:24.400]  Well, it ain't a matter of what you signed.
[01:10:24.400 --> 01:10:26.400]  It's just a matter of whether or not you've been given anything in writing
[01:10:26.400 --> 01:10:29.400]  other than what you say you got in the mail.
[01:10:29.400 --> 01:10:31.400]  No, I don't have anything.
[01:10:31.400 --> 01:10:34.400]  Okay. Well, first thing is find that ordinance and see what it is
[01:10:34.400 --> 01:10:40.400]  that actually is required in order to meet the burden under that ordinance.
[01:10:40.400 --> 01:10:42.400]  Okay.
[01:10:42.400 --> 01:10:43.400]  Okay.
[01:10:43.400 --> 01:10:44.400]  All right.
[01:10:44.400 --> 01:10:45.400]  All right.
[01:10:45.400 --> 01:10:46.400]  Appreciate your time today.
[01:10:46.400 --> 01:10:47.400]  Have a good day.
[01:10:47.400 --> 01:10:49.400]  All right.
[01:10:49.400 --> 01:10:50.400]  All right.
[01:10:50.400 --> 01:10:52.400]  Now we're going to go to Pam in Texas.
[01:10:52.400 --> 01:10:54.400]  Pam, what can we do for you?
[01:10:54.400 --> 01:10:55.400]  Well, good evening, Eddie.
[01:10:55.400 --> 01:10:57.400]  Thank you for taking my call.
[01:10:57.400 --> 01:10:58.400]  Yes, ma'am.
[01:10:58.400 --> 01:11:01.400]  We had a recent situation.
[01:11:01.400 --> 01:11:09.400]  My husband and my son and I went to New Mexico for just a long weekend.
[01:11:09.400 --> 01:11:12.400]  Our son is a grown man.
[01:11:12.400 --> 01:11:16.400]  We met friends. He met some friends out there.
[01:11:16.400 --> 01:11:22.400]  He and his buddy managed to get themselves arrested in one of the Indian casinos
[01:11:22.400 --> 01:11:26.400]  by the Indian police for disorderly conduct.
[01:11:26.400 --> 01:11:33.400]  We ended up having to bail him out of jail, via county jail in Alamogordo,
[01:11:33.400 --> 01:11:37.400]  and paid a $1,000 cash bond.
[01:11:37.400 --> 01:11:39.400]  We went back out.
[01:11:39.400 --> 01:11:44.400]  He was given a court date of March 21st, but we didn't want to wait that long.
[01:11:44.400 --> 01:11:46.400]  We went back out a week later.
[01:11:46.400 --> 01:11:48.400]  He went before the judge.
[01:11:48.400 --> 01:11:50.400]  He pleaded no contest.
[01:11:50.400 --> 01:11:53.400]  The judge levied a fine of $100.
[01:11:53.400 --> 01:11:55.400]  You know, case closed.
[01:11:55.400 --> 01:11:57.400]  We got our bond money back.
[01:11:57.400 --> 01:11:59.400]  We left.
[01:11:59.400 --> 01:12:05.400]  Then a couple of days later, I'm sorry, a couple of days right after the original incident,
[01:12:05.400 --> 01:12:18.400]  the Indian police had gone back in and filed additional charges after my husband complained.
[01:12:18.400 --> 01:12:25.400]  We went by the police station that morning when we got him out of the county jail.
[01:12:25.400 --> 01:12:30.400]  This was the first time we'd ever dealt with anything like this.
[01:12:30.400 --> 01:12:32.400]  We had no clue.
[01:12:32.400 --> 01:12:38.400]  We just went by to ask for some details, procedure, what had happened and all this,
[01:12:38.400 --> 01:12:43.400]  and my husband did happen to mention that we were considering filing a lawsuit.
[01:12:43.400 --> 01:12:48.400]  Well, two days later, the cops filed additional charges.
[01:12:48.400 --> 01:12:49.400]  When we went back out...
[01:12:49.400 --> 01:12:51.400]  This was prior to the trial date?
[01:12:51.400 --> 01:12:53.400]  Yes, prior to the trial date.
[01:12:53.400 --> 01:12:57.400]  So why were those not adjudicated by the judge at the time?
[01:12:57.400 --> 01:13:00.400]  Well, the court didn't know about it.
[01:13:00.400 --> 01:13:02.400]  How could the court not know about it?
[01:13:02.400 --> 01:13:04.400]  Well, that's a good question.
[01:13:04.400 --> 01:13:07.400]  Now, let me make sure that I've got the time frame here.
[01:13:07.400 --> 01:13:08.400]  Okay.
[01:13:08.400 --> 01:13:12.400]  We're talking about two days after the initial charges and arrest,
[01:13:12.400 --> 01:13:17.400]  or we're talking two days after the adjudication of the trial?
[01:13:17.400 --> 01:13:19.400]  After the initial charges.
[01:13:19.400 --> 01:13:20.400]  Okay.
[01:13:20.400 --> 01:13:22.400]  And covered on 215.
[01:13:22.400 --> 01:13:23.400]  Okay, that they can do.
[01:13:23.400 --> 01:13:27.400]  Now, if they had tried to do it in the same incident after the fact,
[01:13:27.400 --> 01:13:30.400]  that's a whole other problem.
[01:13:30.400 --> 01:13:36.400]  But if they did it prior to that, then they can do that.
[01:13:36.400 --> 01:13:37.400]  Really?
[01:13:37.400 --> 01:13:38.400]  Yes.
[01:13:38.400 --> 01:13:40.400]  Okay.
[01:13:40.400 --> 01:13:49.400]  Well, my son got a summons in the mail yesterday to appear on the 21st for these additional charges.
[01:13:49.400 --> 01:13:52.400]  He called out to the court.
[01:13:52.400 --> 01:13:55.400]  He's been speaking with one of the judges' assistants,
[01:13:55.400 --> 01:14:01.400]  and they're trying to figure out how they missed it when he went back out a week later,
[01:14:01.400 --> 01:14:07.400]  which was several days after these additional charges were filed.
[01:14:07.400 --> 01:14:11.400]  And they're trying to figure out how they missed it.
[01:14:11.400 --> 01:14:14.400]  Now, they refunded our bonds and everything.
[01:14:14.400 --> 01:14:22.400]  And the initial charges were disorderly conduct.
[01:14:22.400 --> 01:14:26.400]  So what's the additional charges?
[01:14:26.400 --> 01:14:30.400]  Resisting arrest and property damage.
[01:14:30.400 --> 01:14:33.400]  I'm telling my husband to be quiet.
[01:14:33.400 --> 01:14:34.400]  Property damage.
[01:14:34.400 --> 01:14:42.400]  And the property damage consists of a scratch on the plastic between the front and the back seat of the police car,
[01:14:42.400 --> 01:14:46.400]  which is his hands were handcuffed behind him.
[01:14:46.400 --> 01:14:47.400]  So I guess he would have been.
[01:14:47.400 --> 01:14:52.400]  Yeah, but I'm sure that's not the first time that's happened, so how are they going to prove he's the cause?
[01:14:52.400 --> 01:14:54.400]  Right. Exactly.
[01:14:54.400 --> 01:14:58.400]  We really firmly believe that this was retaliation,
[01:14:58.400 --> 01:15:06.400]  because we had gone by the police station the very next morning after the incident and talked with them.
[01:15:06.400 --> 01:15:15.400]  And I had gotten paperwork to request a copy of the arrest record, the release of information paperwork and everything.
[01:15:15.400 --> 01:15:24.400]  And we really think the policeman went back in and filed additional charges strictly in retaliation.
[01:15:24.400 --> 01:15:29.400]  His friend that was with him did not have any additional charges filed on him.
[01:15:29.400 --> 01:15:34.400]  It was strictly the drunken, not drunk, the disorderly conduct.
[01:15:34.400 --> 01:15:41.400]  And what happened during the arrest, for one thing, my son never, he never.
[01:15:41.400 --> 01:15:44.400]  Were they both taken in the same police car?
[01:15:44.400 --> 01:15:46.400]  Yes, they were.
[01:15:46.400 --> 01:15:48.400]  So there were two of them in the back seat?
[01:15:48.400 --> 01:15:49.400]  Yes.
[01:15:49.400 --> 01:15:51.400]  Okay. All right. Go ahead.
[01:15:51.400 --> 01:16:04.400]  Now, what we're just curious is what the judge's assistant told our son today was she doesn't understand how this could have possibly been missed.
[01:16:04.400 --> 01:16:09.400]  And she said this is, she told it was a mistake on their part.
[01:16:09.400 --> 01:16:23.400]  So we're hoping that, yeah, we're hoping that they are hoping it's closed since they've already reviewed it.
[01:16:23.400 --> 01:16:36.400]  And during the arrest itself, they took both the men, my son and his friend, out of the car and their hands were cuffed behind them.
[01:16:36.400 --> 01:16:47.400]  He told them that he was going to move his handcuffs, move their cuffs to the front while he drove them down to Alamogordo, which is about a 45-minute drive.
[01:16:47.400 --> 01:16:48.400]  Okay.
[01:16:48.400 --> 01:16:49.400]  And he.
[01:16:49.400 --> 01:16:50.400]  Okay. Well, hang on just a second, Pam.
[01:16:50.400 --> 01:16:51.400]  We're about to take a break.
[01:16:51.400 --> 01:16:52.400]  So we'll pick this up on the other side.
[01:16:52.400 --> 01:16:55.400]  All right, folks, 512-646-1984.
[01:16:55.400 --> 01:17:00.400]  We'll be right back.
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[01:18:59.400 --> 01:19:21.400]  This is the Logos Radio Network.
[01:19:29.400 --> 01:19:45.400]  All right, folks, we are back.
[01:19:45.400 --> 01:19:47.400]  This is Rule of Law Radio.
[01:19:47.400 --> 01:19:50.400]  All right, we're going to finish up with Pam.
[01:19:50.400 --> 01:19:52.400]  All right, Pam, go ahead.
[01:19:52.400 --> 01:20:01.400]  Okay, well, when they took him out of the back of a police car, he took his cuffs off,
[01:20:01.400 --> 01:20:07.400]  and Michael, well, he asked if he could call his folks,
[01:20:07.400 --> 01:20:12.400]  and because we were just, you know, just a little way, we were very close,
[01:20:12.400 --> 01:20:17.400]  and he thought he was going to be able to just be pleased, and they would come pick him up.
[01:20:17.400 --> 01:20:19.400]  We could go pick him up.
[01:20:19.400 --> 01:20:24.400]  And so he started pulling his phone out of his pocket, and the policeman said, you know,
[01:20:24.400 --> 01:20:29.400]  put the phone down, and so he started setting it down on the back of the car,
[01:20:29.400 --> 01:20:37.400]  and he kept repeating it, but he was setting it down, and then he stun gunned him.
[01:20:37.400 --> 01:20:45.400]  He used a stun gun on him until his knees buckled, and he sat down.
[01:20:45.400 --> 01:20:49.400]  Well, I guess that's what they're considering as resisting arrest,
[01:20:49.400 --> 01:20:57.400]  but what I don't understand is why would he wait two days to then go back and file additional charges,
[01:20:57.400 --> 01:21:01.400]  and can they really put him through this twice?
[01:21:01.400 --> 01:21:04.400]  I mean, the case was already settled and closed.
[01:21:04.400 --> 01:21:08.400]  No, the case on that particular charge was not.
[01:21:08.400 --> 01:21:10.400]  That's what I'm saying.
[01:21:10.400 --> 01:21:16.400]  If they had done it after that issue had been adjudicated, that would have been a whole other problem,
[01:21:16.400 --> 01:21:21.400]  but if they filed it within a couple of days, then they can do that.
[01:21:21.400 --> 01:21:26.400]  But you are correct, and why was it not done in the first place if it's not retaliatory?
[01:21:26.400 --> 01:21:28.400]  Well, that's because it is retaliatory.
[01:21:28.400 --> 01:21:29.400]  It is retaliatory.
[01:21:29.400 --> 01:21:31.400]  It's any way to get more money.
[01:21:31.400 --> 01:21:35.400]  See, I'm assuming it was reservation police that arrested him.
[01:21:35.400 --> 01:21:36.400]  Yes.
[01:21:36.400 --> 01:21:42.400]  Okay, odds are there's an agreement that the reservation gets part of any fines or fees assessed
[01:21:42.400 --> 01:21:46.400]  to get somebody arrested on the reservation for something that happens on the reservation,
[01:21:46.400 --> 01:21:51.400]  just like a municipality here in Texas does when something happens and the state gets the other half.
[01:21:51.400 --> 01:21:52.400]  Uh-huh.
[01:21:52.400 --> 01:21:53.400]  Okay?
[01:21:53.400 --> 01:21:56.400]  So there could very well be a money motive behind it.
[01:21:56.400 --> 01:21:57.400]  Okay.
[01:21:57.400 --> 01:22:03.400]  But the use of a taser to gain compliance when the person's not resisting is excessive force.
[01:22:03.400 --> 01:22:05.400]  Uh-huh, excessive force.
[01:22:05.400 --> 01:22:06.400]  Okay.
[01:22:06.400 --> 01:22:09.400]  So I would most assuredly make an issue out of that.
[01:22:09.400 --> 01:22:22.400]  I would file countercharges against the officers with the same court in relation to assault and to excessive force.
[01:22:22.400 --> 01:22:23.400]  Okay.
[01:22:23.400 --> 01:22:31.400]  Now, had he done that in the beginning, he would have probably gotten out of the whole thing entirely.
[01:22:31.400 --> 01:22:33.400]  No fine, no nothing.
[01:22:33.400 --> 01:22:37.400]  They still would have incarcerated him, but at least you'd have had a clear path on a lawsuit.
[01:22:37.400 --> 01:22:42.400]  Now, however, with the passage of time and just trying to put it behind you,
[01:22:42.400 --> 01:22:45.400]  you've actually hurt yourself in trying to sue them for this.
[01:22:45.400 --> 01:22:47.400]  Oh, okay.
[01:22:47.400 --> 01:22:50.400]  So it's not that it can't be done.
[01:22:50.400 --> 01:22:53.400]  It's just that's going to be one of the first questions asked.
[01:22:53.400 --> 01:22:56.400]  Why did you wait so long if you thought this was the case?
[01:22:56.400 --> 01:22:57.400]  Uh-huh.
[01:22:57.400 --> 01:23:00.400]  Well, this just happened a few weeks ago.
[01:23:00.400 --> 01:23:01.400]  Well, again.
[01:23:01.400 --> 01:23:02.400]  Yeah.
[01:23:02.400 --> 01:23:09.400]  You know, why was the issue not raised at the very beginning that you were tased by this officer for this reason?
[01:23:09.400 --> 01:23:16.400]  Well, when he was explaining to the judge what had happened that evening, he did tell the judge that he had been tased.
[01:23:16.400 --> 01:23:22.400]  But he didn't ask to file charges because he believed it was unnecessary and excessive.
[01:23:22.400 --> 01:23:28.400]  He was just, he was, this is nothing like this has ever happened to him or anyone else.
[01:23:28.400 --> 01:23:33.400]  Yeah, but that's not really relevant to the facts of what the other side is going to challenge you on.
[01:23:33.400 --> 01:23:34.400]  Right.
[01:23:34.400 --> 01:23:35.400]  Yeah.
[01:23:35.400 --> 01:23:36.400]  Okay.
[01:23:36.400 --> 01:23:38.400]  That is, that's the problem.
[01:23:38.400 --> 01:23:45.400]  The other side always gets to ask, well, why didn't you do something about it?
[01:23:45.400 --> 01:23:47.400]  Uh-huh.
[01:23:47.400 --> 01:23:48.400]  All right.
[01:23:48.400 --> 01:24:00.400]  And now because something's being done to you, you've decided to go back and make these allegations as a self-defense mechanism or to try to turn it around.
[01:24:00.400 --> 01:24:01.400]  See what I'm saying?
[01:24:01.400 --> 01:24:02.400]  Yeah.
[01:24:02.400 --> 01:24:03.400]  That's what they're going to do.
[01:24:03.400 --> 01:24:06.400]  Uh-huh.
[01:24:06.400 --> 01:24:08.400]  So it's not that it can't be done.
[01:24:08.400 --> 01:24:11.400]  It's just not going to be easily done.
[01:24:11.400 --> 01:24:18.400]  Well, I was just kind of dismayed that they can come back after the fact and levy additional charges.
[01:24:18.400 --> 01:24:26.400]  Had they adjudicated those and been found innocent or not fined or anything that was already resolved, this wouldn't matter.
[01:24:26.400 --> 01:24:36.400]  But because that part was never adjudicated, even though it was raised prior to adjudication, that's still outstanding.
[01:24:36.400 --> 01:24:38.400]  They can still act on that.
[01:24:38.400 --> 01:24:49.400]  That's like, you know, if you arrest me for one thing and then you find out later that I actually stole something too, you can still come back and charge me with that theft.
[01:24:49.400 --> 01:24:50.400]  Okay.
[01:24:50.400 --> 01:24:51.400]  All right.
[01:24:51.400 --> 01:24:54.400]  So that would be exactly the situation here.
[01:24:54.400 --> 01:24:58.400]  Okay.
[01:24:58.400 --> 01:25:01.400]  I guess we would just have to ask the question, why did you?
[01:25:01.400 --> 01:25:08.400]  Well, here's something that would help you give them the idea you're not going to go quietly and make them hopefully drop it.
[01:25:08.400 --> 01:25:19.400]  First thing is, is do whatever constitutes a public information request in New Mexico to determine, one, how old is the police cruiser?
[01:25:19.400 --> 01:25:28.400]  Two, has there been any other prisoners ever transported in the back of that cruiser while wearing handcuffs?
[01:25:28.400 --> 01:25:30.400]  Uh-huh.
[01:25:30.400 --> 01:25:43.400]  What proof, please provide whatever evidence is to be used to show that the accused is the one that actually committed this property damage that you're asserting has occurred.
[01:25:43.400 --> 01:25:44.400]  Right.
[01:25:44.400 --> 01:25:47.400]  The problem is they can't do any of that.
[01:25:47.400 --> 01:25:50.400]  They have to admit that the police cruiser is X number of years old.
[01:25:50.400 --> 01:25:59.400]  They have to admit that it's been used to transport other people in the same situation and at any time during that transport, that scratch could have occurred, if that's what they're actually alleging.
[01:25:59.400 --> 01:26:04.400]  Now, they could also be alleging that his phone being put onto the car did it, if it was their car.
[01:26:04.400 --> 01:26:06.400]  Right.
[01:26:06.400 --> 01:26:13.400]  So without knowing more details, you're guessing at best, and that's never a good thing to do in these cases.
[01:26:13.400 --> 01:26:15.400]  Uh-huh.
[01:26:15.400 --> 01:26:20.400]  So you need to know exactly what the charge is, what property was allegedly damaged, and so on and so forth.
[01:26:20.400 --> 01:26:25.400]  And that information is going to be in the hands of the prosecuting attorney, whoever that may be.
[01:26:25.400 --> 01:26:39.400]  Well, we've, okay, and we've already talked with an attorney out in Alamogordo, and he's, my husband spoke with him today, and so we've started that process.
[01:26:39.400 --> 01:26:40.400]  We're just...
[01:26:40.400 --> 01:26:41.400]  Okay.
[01:26:41.400 --> 01:26:44.400]  Be very careful of the deal cutting, the plea bargain process.
[01:26:44.400 --> 01:26:45.400]  Right.
[01:26:45.400 --> 01:26:52.400]  Well, both of these is considered, what he'd already pled no contest to was considered a petty misdemeanor.
[01:26:52.400 --> 01:26:53.400]  Right.
[01:26:53.400 --> 01:27:02.400]  And then this one is the, the supposed damage is a petty misdemeanor, and the resisting is a misdemeanor.
[01:27:02.400 --> 01:27:04.400]  Yeah, but they're jailable.
[01:27:04.400 --> 01:27:05.400]  Yes, they are.
[01:27:05.400 --> 01:27:06.400]  Okay.
[01:27:06.400 --> 01:27:08.400]  And that's the thing.
[01:27:08.400 --> 01:27:12.400]  The attorney out there is going to play the plea bargain game.
[01:27:12.400 --> 01:27:18.400]  Well, you give us this, and we'll give you that, and he'll do this, and he'll do that, and they'll pay this much money.
[01:27:18.400 --> 01:27:19.400]  You get your money.
[01:27:19.400 --> 01:27:23.400]  I get my money, and everybody's happy except for the people we just screwed over mutually.
[01:27:23.400 --> 01:27:26.400]  Right.
[01:27:26.400 --> 01:27:27.400]  All right.
[01:27:27.400 --> 01:27:32.400]  So you need to know everything that attorney knows all the time.
[01:27:32.400 --> 01:27:44.400]  In fact, you probably need to know more than that attorney knows about what that actual charges are, what the statutes surrounding those charges are, what elements have to be proven, and so on and so forth.
[01:27:44.400 --> 01:27:50.400]  Because the moment you put your faith and trust in an attorney, you are going to be severely disappointed with the outcome.
[01:27:50.400 --> 01:27:51.400]  Uh-huh.
[01:27:51.400 --> 01:27:53.400]  Well, I have one more question.
[01:27:53.400 --> 01:28:00.400]  Shouldn't he have been notified of these additional charges in some way?
[01:28:00.400 --> 01:28:02.400]  Didn't you tell me you got something in the mail?
[01:28:02.400 --> 01:28:04.400]  He got a subpoena.
[01:28:04.400 --> 01:28:05.400]  Oh, well.
[01:28:05.400 --> 01:28:06.400]  A summons.
[01:28:06.400 --> 01:28:16.400]  I don't know what the law in New Mexico is regarding when and how service is required to be performed, but yeah, due process says he should have been informed.
[01:28:16.400 --> 01:28:19.400]  The only question is, is how far in advance?
[01:28:19.400 --> 01:28:20.400]  Yeah.
[01:28:20.400 --> 01:28:26.400]  So if they're going to set him a trial date months down the road, then he's been properly noticed in advance.
[01:28:26.400 --> 01:28:30.400]  Yeah, well, he's supposed to appear a week...
[01:28:30.400 --> 01:28:34.400]  Yeah, but you don't know if it's for trial or if it's for something else, right?
[01:28:34.400 --> 01:28:35.400]  It's not for trial.
[01:28:35.400 --> 01:28:36.400]  Okay.
[01:28:36.400 --> 01:28:37.400]  That's what I'm saying.
[01:28:37.400 --> 01:28:45.400]  If this is to inform, is to arraign him, inform him of the charges and so on and so forth, then he's been properly noticed.
[01:28:45.400 --> 01:28:47.400]  Okay.
[01:28:47.400 --> 01:28:48.400]  All right.
[01:28:48.400 --> 01:28:50.400]  Okay.
[01:28:50.400 --> 01:28:51.400]  Well, thank you for taking my call.
[01:28:51.400 --> 01:28:53.400]  Yes, ma'am, and good luck.
[01:28:53.400 --> 01:28:54.400]  Thanks.
[01:28:54.400 --> 01:28:55.400]  All right.
[01:28:55.400 --> 01:28:56.400]  Bye-bye.
[01:28:56.400 --> 01:28:57.400]  Bye-bye.
[01:28:57.400 --> 01:28:58.400]  All right.
[01:28:58.400 --> 01:28:59.400]  Now we're going to go to David in South Dakota.
[01:28:59.400 --> 01:29:02.400]  David, what can we do for you?
[01:29:02.400 --> 01:29:03.400]  Hi, Eddie and Deborah.
[01:29:03.400 --> 01:29:09.400]  I was just listening to the lady about her problem with her son's arrest there.
[01:29:09.400 --> 01:29:12.400]  I had a similar incident.
[01:29:12.400 --> 01:29:17.400]  It wasn't the Indian police, but it was in a court that saw lots of Indians.
[01:29:17.400 --> 01:29:23.400]  I was maybe one of 50 people appear in that day that was a non-Native.
[01:29:23.400 --> 01:29:27.400]  I mean, I was one of two of the 50 that were non-Natives.
[01:29:27.400 --> 01:29:33.400]  But anyway, tell her to, hopefully she's still listening, tell her to look at the complaint.
[01:29:33.400 --> 01:29:40.400]  When I read my complaint, it had four, one, two, three, four errors on it.
[01:29:40.400 --> 01:29:41.400]  And when I...
[01:29:41.400 --> 01:29:42.400]  Okay, David, hang on.
[01:29:42.400 --> 01:29:43.400]  We're going to go to break.
[01:29:43.400 --> 01:29:44.400]  We'll pick this up on the other side.
[01:29:44.400 --> 01:29:45.400]  All right.
[01:29:45.400 --> 01:29:47.400]  Sally, I see you there on the board too.
[01:29:47.400 --> 01:29:48.400]  Please don't drop off.
[01:29:48.400 --> 01:29:49.400]  We'll get to you as soon as we get back.
[01:29:49.400 --> 01:29:53.400]  Call in number 512-646-1984.
[01:29:53.400 --> 01:30:02.400]  We'll be right back, folks.
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[01:33:01.400 --> 01:33:11.400]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:33:31.400 --> 01:33:33.400]  All right, folks, we are back.
[01:33:33.400 --> 01:33:37.400]  This is Rule of Law Radio, and we are talking with David in South Dakota.
[01:33:37.400 --> 01:33:38.400]  All right, David, go ahead.
[01:33:38.400 --> 01:33:41.400]  You said something about four things wrong on the complaint.
[01:33:41.400 --> 01:33:44.400]  Right, and assume nothing.
[01:33:44.400 --> 01:33:46.400]  Look at the complaint and assume nothing.
[01:33:46.400 --> 01:33:50.400]  Make sure that everything that's a question is answered properly.
[01:33:50.400 --> 01:33:54.400]  Check the date. Check the signature of the notary.
[01:33:54.400 --> 01:33:58.400]  Make sure the notary is legal at that time.
[01:33:58.400 --> 01:34:00.400]  Assume nothing.
[01:34:00.400 --> 01:34:06.400]  Now, there were four points, and I stood before the judge and asked questions first.
[01:34:06.400 --> 01:34:13.400]  And before I could ask my fourth question, the state's attorney stood up and said,
[01:34:13.400 --> 01:34:15.400]  Your Honor, we dismissed this case.
[01:34:15.400 --> 01:34:19.400]  Send Mr. Nellis back to his seat.
[01:34:19.400 --> 01:34:22.400]  Yeah, okay, I'll buy that.
[01:34:22.400 --> 01:34:29.400]  Okay, but what I was really calling you about, the business about the judge,
[01:34:29.400 --> 01:34:36.400]  can you explain how you would file judicial complaints, let's say,
[01:34:36.400 --> 01:34:39.400]  maybe not in your case but in one similar,
[01:34:39.400 --> 01:34:44.400]  and what kind of complaints you would file with the state bar
[01:34:44.400 --> 01:34:48.400]  about every attorney that even read the case?
[01:34:48.400 --> 01:34:51.400]  What kind of things would you say?
[01:34:51.400 --> 01:34:54.400]  Well, you have to file a judicial conduct complaint against the judge,
[01:34:54.400 --> 01:34:56.400]  which there's a set form for,
[01:34:56.400 --> 01:35:00.400]  and you would have to cite knowing and intentional misapplication
[01:35:00.400 --> 01:35:02.400]  and misinterpretation of the law,
[01:35:02.400 --> 01:35:06.400]  which they're protected from basically when they're acting in a judicial capacity,
[01:35:06.400 --> 01:35:09.400]  so there's nothing you can actually do to them for it.
[01:35:09.400 --> 01:35:12.400]  That is a self-decreed immunity, by the way.
[01:35:12.400 --> 01:35:13.400]  We didn't give it to them.
[01:35:13.400 --> 01:35:15.400]  They gave it to themselves,
[01:35:15.400 --> 01:35:18.400]  and I think we should be taking it away at the end of a rope.
[01:35:18.400 --> 01:35:20.400]  But in any case...
[01:35:20.400 --> 01:35:26.400]  But you're going to file this complaint, and when you file a complaint, is it like a bar grievance?
[01:35:26.400 --> 01:35:29.400]  Yeah, except it goes to the state judicial conduct committee.
[01:35:29.400 --> 01:35:33.400]  And it gets countered against their bond, and it raises their rates?
[01:35:33.400 --> 01:35:37.400]  I don't know that that's true for judges like it is attorneys.
[01:35:37.400 --> 01:35:42.400]  Okay, but have you filed against every attorney in your case?
[01:35:42.400 --> 01:35:45.400]  I haven't filed against any attorneys yet.
[01:35:45.400 --> 01:35:47.400]  My case isn't finished yet.
[01:35:47.400 --> 01:35:49.400]  Oh, you wait till it's over?
[01:35:49.400 --> 01:35:51.400]  Yes.
[01:35:51.400 --> 01:35:54.400]  I want them to commit as many grievous errors as possible,
[01:35:54.400 --> 01:35:58.400]  so I have as many nails as possible to put in their coffin lid.
[01:35:58.400 --> 01:36:01.400]  Okay, but I look at it differently, Eddie.
[01:36:01.400 --> 01:36:06.400]  I look at it like before they ever see me face-to-face, I file a grievance.
[01:36:06.400 --> 01:36:09.400]  It's like they're sitting across the table, and I look them square in the eye,
[01:36:09.400 --> 01:36:15.400]  and I kick back my right hard foot as fast as I could kick them in the shin,
[01:36:15.400 --> 01:36:17.400]  and I get their attention.
[01:36:17.400 --> 01:36:20.400]  They can't holler, scream, or say anything, but they can say,
[01:36:20.400 --> 01:36:22.400]  sure, man, I better pay attention.
[01:36:22.400 --> 01:36:25.400]  This guy's serious about it.
[01:36:25.400 --> 01:36:28.400]  I do that very first thing.
[01:36:28.400 --> 01:36:34.400]  Yeah, and that's okay if you want them to just dismiss that particular case.
[01:36:34.400 --> 01:36:35.400]  I don't.
[01:36:35.400 --> 01:36:40.400]  I want them to keep screwing up so I can keep documenting how they're screwing up
[01:36:40.400 --> 01:36:43.400]  so I can go after them for all of it.
[01:36:43.400 --> 01:36:46.400]  Okay, but every time they screw up, then I file another one.
[01:36:46.400 --> 01:36:48.400]  Yeah, but you're missing the point here, David.
[01:36:48.400 --> 01:36:52.400]  The point here is not to keep getting them on individual things.
[01:36:52.400 --> 01:36:58.400]  It's to amass a complaint that shows that there's an organized criminal underbelly
[01:36:58.400 --> 01:37:02.400]  to everything they do and that they're all aware of it,
[01:37:02.400 --> 01:37:06.400]  and they all participate in it knowingly and willingly.
[01:37:06.400 --> 01:37:07.400]  They won't.
[01:37:07.400 --> 01:37:12.400]  It makes it much more difficult for you to do that if you're doing it the way you're talking about
[01:37:12.400 --> 01:37:17.400]  because most of the time what they're going to do is just get rid of it
[01:37:17.400 --> 01:37:20.400]  and we'll move to the next one that doesn't know anything,
[01:37:20.400 --> 01:37:24.400]  which doesn't help everybody else.
[01:37:24.400 --> 01:37:28.400]  Well, but if everybody files us complaints right up...
[01:37:28.400 --> 01:37:30.400]  They're not going to dismiss every case.
[01:37:30.400 --> 01:37:32.400]  There's $9 billion a year at stake.
[01:37:32.400 --> 01:37:34.400]  That ain't going to happen.
[01:37:34.400 --> 01:37:37.400]  And unless you know how to follow through and push it,
[01:37:37.400 --> 01:37:40.400]  it's not going to change anything.
[01:37:40.400 --> 01:37:43.400]  You have to catch them committing the crimes.
[01:37:43.400 --> 01:37:44.400]  My objective is to win.
[01:37:44.400 --> 01:37:47.400]  In my case, your objective is to change the system.
[01:37:47.400 --> 01:37:51.400]  No, my system is to burn it to the frickin' ground and pee on the ashes.
[01:37:51.400 --> 01:37:55.400]  Okay.
[01:37:55.400 --> 01:37:56.400]  All right.
[01:37:56.400 --> 01:37:59.400]  Well, I'm going to let somebody else talk to you anyway.
[01:37:59.400 --> 01:38:00.400]  All right.
[01:38:00.400 --> 01:38:01.400]  Thanks, David.
[01:38:01.400 --> 01:38:02.400]  Good hearing you.
[01:38:02.400 --> 01:38:03.400]  You too.
[01:38:03.400 --> 01:38:04.400]  Bye-bye.
[01:38:04.400 --> 01:38:05.400]  All right.
[01:38:05.400 --> 01:38:07.400]  Now we're going to go to Sally in Texas.
[01:38:07.400 --> 01:38:09.400]  Sally, what's up?
[01:38:09.400 --> 01:38:10.400]  Hey, Eddie.
[01:38:10.400 --> 01:38:11.400]  Hello.
[01:38:11.400 --> 01:38:18.400]  Could you tell me more about them not being able to proceed on complaint alone,
[01:38:18.400 --> 01:38:24.400]  and then could you tell me more about what we need to watch for to be able to
[01:38:24.400 --> 01:38:28.400]  file a suit against these people in their official capacity?
[01:38:28.400 --> 01:38:32.400]  What kind of things do we need to avoid their claiming immunity?
[01:38:32.400 --> 01:38:36.400]  Well, the first thing you have to do is ensure that they have no immunity.
[01:38:36.400 --> 01:38:40.400]  We do that by challenging the jurisdiction to preside over the case in the first place.
[01:38:40.400 --> 01:38:45.400]  That always goes back to state standing and whether or not the court can obtain
[01:38:45.400 --> 01:38:48.400]  jurisdiction when one of the parties doesn't have any.
[01:38:48.400 --> 01:38:53.400]  So that's the first thing, because none of them have immunity when they're
[01:38:53.400 --> 01:38:56.400]  acting void all jurisdiction.
[01:38:56.400 --> 01:38:58.400]  So that's the first thing.
[01:38:58.400 --> 01:39:03.400]  When the case against you is based upon a regulable activity that they have
[01:39:03.400 --> 01:39:09.400]  failed to establish evidence against you as having participated in and thus
[01:39:09.400 --> 01:39:14.400]  binding you to the rules and regulations that are saying you violated,
[01:39:14.400 --> 01:39:16.400]  standing hasn't been achieved.
[01:39:16.400 --> 01:39:20.400]  And that's one of the things Phillips here completely ignored in his so-called
[01:39:20.400 --> 01:39:25.400]  opinion is that state never proved that you were engaged in the activity it
[01:39:25.400 --> 01:39:27.400]  was authorized to regulate.
[01:39:27.400 --> 01:39:29.400]  It's just presumed.
[01:39:29.400 --> 01:39:34.400]  Well, presumption, you can't convict someone of a crime based entirely on
[01:39:34.400 --> 01:39:38.400]  presumption, and that's exactly what they're doing.
[01:39:38.400 --> 01:39:44.400]  Yeah, in our case, we're the folks standing on Corpus Christi with the
[01:39:44.400 --> 01:39:51.400]  alleged code violation that we didn't find out about for two years that we've
[01:39:51.400 --> 01:39:56.400]  been accused of growing plants with criminal negligence.
[01:39:56.400 --> 01:40:01.400]  And we've gotten partial discovery.
[01:40:01.400 --> 01:40:04.400]  They've admitted they have no proof of notice.
[01:40:04.400 --> 01:40:08.400]  They turned us over to a question agency, even though we haven't had a hearing
[01:40:08.400 --> 01:40:17.400]  yet, and they've admitted that there is no agreement to pay, there's no order.
[01:40:17.400 --> 01:40:23.400]  They just arbitrarily turned us over, even though we've never received a bill
[01:40:23.400 --> 01:40:26.400]  or anything else.
[01:40:26.400 --> 01:40:30.400]  You're sounding surprised by all of this.
[01:40:30.400 --> 01:40:33.400]  Yeah, it's just like an episode from The Twilight Zone.
[01:40:33.400 --> 01:40:38.400]  It's like, oh, we don't care if it actually follows the law.
[01:40:38.400 --> 01:40:40.400]  We're just going to do this anyway.
[01:40:40.400 --> 01:40:43.400]  Yes, that's exactly correct.
[01:40:43.400 --> 01:40:47.400]  Now you've actually better understand the picture.
[01:40:47.400 --> 01:40:51.400]  Yeah, and yeah, we know it's all about the revenue.
[01:40:51.400 --> 01:41:03.400]  But in order to challenge this fraud, other than we challenge the jurisdiction,
[01:41:03.400 --> 01:41:13.400]  challenge them going forward on complaint alone, and then what other things do we
[01:41:13.400 --> 01:41:17.400]  have to watch out for?
[01:41:17.400 --> 01:41:19.400]  Well, that's a lot of ground.
[01:41:19.400 --> 01:41:22.400]  Yeah, like everything.
[01:41:22.400 --> 01:41:26.400]  There are specific chapters in the Code of Criminal Procedure you've got to be
[01:41:26.400 --> 01:41:27.400]  aware of.
[01:41:27.400 --> 01:41:30.400]  Most of them are in Chapter 45, but there's lots of them dealing with the other
[01:41:30.400 --> 01:41:31.400]  things.
[01:41:31.400 --> 01:41:36.400]  The things that require them to have an information is 2.04 and 2.05 of the Code
[01:41:36.400 --> 01:41:38.400]  of Criminal Procedure.
[01:41:38.400 --> 01:41:41.400]  The 45.01 doesn't exist anymore.
[01:41:41.400 --> 01:41:50.400]  If anything, it's been rewritten into 45.01A or 45.018A.
[01:41:50.400 --> 01:41:55.400]  So given that, they're going to follow the same tact they've always followed,
[01:41:55.400 --> 01:42:01.400]  which is completely misinterpreting the language of Section A with the language as
[01:42:01.400 --> 01:42:04.400]  it appears in Chapter 15, and they're identical.
[01:42:04.400 --> 01:42:07.400]  Yet in one, they're saying an information is required, and the other they're
[01:42:07.400 --> 01:42:09.400]  saying it isn't.
[01:42:09.400 --> 01:42:14.400]  And that's just completely untrue because in every language dealing with an
[01:42:14.400 --> 01:42:17.400]  information, it says in all criminal cases.
[01:42:17.400 --> 01:42:21.400]  The Texas Constitution says in all criminal cases.
[01:42:21.400 --> 01:42:24.400]  So if they're going to define these petty misdemeanors as crimes, then they're
[01:42:24.400 --> 01:42:30.400]  bound by everything that says all crimes.
[01:42:30.400 --> 01:42:34.400]  And that's one of my arguments that they just, they ignore it for as long as
[01:42:34.400 --> 01:42:35.400]  they can.
[01:42:35.400 --> 01:42:39.400]  If you don't raise it, you don't get to raise it later.
[01:42:39.400 --> 01:42:41.400]  Okay.
[01:42:41.400 --> 01:42:49.400]  Yeah, because you have to object to anything in the complaint before the trial.
[01:42:49.400 --> 01:42:50.400]  Correct.
[01:42:50.400 --> 01:43:00.400]  We've objected to their failure to show culpability because they're asking for
[01:43:00.400 --> 01:43:10.400]  $2,000, actually they're asking for $2,600 for one count of a weed that they
[01:43:10.400 --> 01:43:12.400]  can't define.
[01:43:12.400 --> 01:43:25.400]  And it's, they have to show culpability if they're asking for over $500.
[01:43:25.400 --> 01:43:29.400]  Okay, where are you getting that determination from?
[01:43:29.400 --> 01:43:33.400]  Okay, let me pull it.
[01:43:33.400 --> 01:43:35.400]  Okay, hold that thought, Sally.
[01:43:35.400 --> 01:43:38.400]  We're going to take a break here and we'll be back on the other side, okay?
[01:43:38.400 --> 01:43:39.400]  All right.
[01:43:39.400 --> 01:43:41.400]  All right, folks, this is Rule of Law Radio.
[01:43:41.400 --> 01:43:43.400]  We are coming up into our last segment.
[01:43:43.400 --> 01:43:46.400]  Jim in Ohio, I see you there, so please hang on.
[01:43:46.400 --> 01:43:49.400]  If we get done here with Sally, I'll pick you up in the next segment before we
[01:43:49.400 --> 01:43:50.400]  get to the end of the show.
[01:43:50.400 --> 01:43:52.400]  All right, folks, this is Rule of Law Radio.
[01:43:52.400 --> 01:44:00.400]  We will be right back, so y'all hang on.
[01:44:22.400 --> 01:44:24.400]  We'll be right back.
[01:44:52.400 --> 01:44:54.400]  We'll be right back.
[01:45:22.400 --> 01:45:24.400]  We'll be right back.
[01:45:52.400 --> 01:45:55.400]  We'll be right back.
[01:45:55.400 --> 01:46:24.400]  We'll be right back.
[01:46:24.400 --> 01:46:25.400]  All right, folks, we are back.
[01:46:25.400 --> 01:46:28.400]  This is Rule of Law Radio, and we are now in the last segment of the show,
[01:46:28.400 --> 01:46:30.400]  and we are talking to Sally in Texas.
[01:46:30.400 --> 01:46:32.400]  All right, Sally, go ahead.
[01:46:32.400 --> 01:46:34.400]  You're going to tell me where you got the...
[01:46:34.400 --> 01:46:43.400]  Yeah, Texas Penal Code, Title II, Chapter 6, 6.02, subchapter F,
[01:46:43.400 --> 01:46:48.400]  an offense defined by municipal ordinance or an order of a county commissioner's
[01:46:48.400 --> 01:46:54.400]  court may not dispense with the requirement of a culpable mental state if
[01:46:54.400 --> 01:46:59.400]  the offense is punishable by a fine exceeding the amount authorized by
[01:46:59.400 --> 01:47:02.400]  Section 1223.
[01:47:02.400 --> 01:47:11.400]  Section 1223 specifies a Class C misdemeanor as being a maximum fine, $500.
[01:47:11.400 --> 01:47:12.400]  Okay.
[01:47:12.400 --> 01:47:17.400]  So how do you think they're going to attempt to prove culpable mental state?
[01:47:17.400 --> 01:47:19.400]  I have no idea.
[01:47:19.400 --> 01:47:23.400]  We have asked for proof of any notification.
[01:47:23.400 --> 01:47:25.400]  They've said they don't have any.
[01:47:25.400 --> 01:47:26.400]  Well, no, no.
[01:47:26.400 --> 01:47:27.400]  Wait a minute.
[01:47:27.400 --> 01:47:28.400]  Notification of what?
[01:47:28.400 --> 01:47:31.400]  Of the original notice of violation.
[01:47:31.400 --> 01:47:32.400]  Okay.
[01:47:32.400 --> 01:47:35.400]  Notice of violation is not required for culpable mental state.
[01:47:35.400 --> 01:47:40.400]  Culpable mental state just simply means you intended to commit the act.
[01:47:40.400 --> 01:47:42.400]  That's all.
[01:47:42.400 --> 01:47:43.400]  Okay.
[01:47:43.400 --> 01:47:52.400]  So in this instance, how do you think they're going to use that fact against you?
[01:47:52.400 --> 01:47:55.400]  I don't have any way of knowing.
[01:47:55.400 --> 01:47:59.400]  Ma'am, what type of plant is at issue here that you planted?
[01:47:59.400 --> 01:48:03.400]  What are these plants here?
[01:48:03.400 --> 01:48:05.400]  I can list them off.
[01:48:05.400 --> 01:48:06.400]  Okay.
[01:48:06.400 --> 01:48:09.400]  Well, just pick any one.
[01:48:09.400 --> 01:48:10.400]  Spiderwort.
[01:48:10.400 --> 01:48:11.400]  Okay.
[01:48:11.400 --> 01:48:21.400]  And did you knowingly and willingly plant those particular plants yourself or did you order it done?
[01:48:21.400 --> 01:48:24.400]  I planted them.
[01:48:24.400 --> 01:48:25.400]  Okay.
[01:48:25.400 --> 01:48:38.400]  And under the city ordinances, that's a violation of blah, blah, blah, which you intended to commit by the planting of these plants?
[01:48:38.400 --> 01:48:47.400]  Then in their ordinance, it says weeds or brush.
[01:48:47.400 --> 01:48:48.400]  Okay.
[01:48:48.400 --> 01:48:51.400]  But does it specify what that's defined as?
[01:48:51.400 --> 01:48:52.400]  No.
[01:48:52.400 --> 01:48:53.400]  Okay.
[01:48:53.400 --> 01:48:54.400]  There you go.
[01:48:54.400 --> 01:48:59.400]  Then what you keep doing is you keep hitting them on the constitutionality and being vague and ambiguous.
[01:48:59.400 --> 01:49:08.400]  Under that definition, they can simply declare anything they want, whether it's useful or not, as a weed or bush or brush.
[01:49:08.400 --> 01:49:09.400]  Yes.
[01:49:09.400 --> 01:49:10.400]  Okay.
[01:49:10.400 --> 01:49:11.400]  We've done that.
[01:49:11.400 --> 01:49:28.400]  And we found a court case from 2013 that says that, yes, they do have to provide notice because that case, the whole thing was overturned because they did not provide notice to the person.
[01:49:28.400 --> 01:49:34.400]  And that was – I hate it when computers mess up with me.
[01:49:34.400 --> 01:49:35.400]  Yeah.
[01:49:35.400 --> 01:49:38.400]  Just cite that reference then as long as it's not been overturned.
[01:49:38.400 --> 01:49:39.400]  Yeah.
[01:49:39.400 --> 01:49:42.400]  I'll check and make sure that it hasn't.
[01:49:42.400 --> 01:49:51.400]  But short announcement to anybody out there that's considering facing this stuff.
[01:49:51.400 --> 01:50:02.400]  Go get at East Traffic Seminar because it's got more stuff in it that you can ever wrap your head around and it'll be more help than you have any idea.
[01:50:02.400 --> 01:50:03.400]  Just go get it.
[01:50:03.400 --> 01:50:04.400]  Oh, well, I appreciate that.
[01:50:04.400 --> 01:50:05.400]  Thank you.
[01:50:05.400 --> 01:50:16.400]  I mean, we're still trying to figure out all the stuff that's there and how to fix it and how to put it into how we fight these people.
[01:50:16.400 --> 01:50:17.400]  Yeah.
[01:50:17.400 --> 01:50:19.400]  It takes a lot of discernment in what you're reading, doesn't it?
[01:50:19.400 --> 01:50:21.400]  Yes.
[01:50:21.400 --> 01:50:31.400]  And learning that just because one thing says something that you think you recognize, you can't trust that.
[01:50:31.400 --> 01:50:36.400]  You have to go to the law dictionary and see does that really mean what you think it means.
[01:50:36.400 --> 01:50:37.400]  Yes.
[01:50:37.400 --> 01:50:39.400]  And it just –
[01:50:39.400 --> 01:50:40.400]  Not just the law dictionary.
[01:50:40.400 --> 01:50:42.400]  Check your statutes first.
[01:50:42.400 --> 01:50:49.400]  Yeah. And it just trips through the Twilight Zone.
[01:50:49.400 --> 01:50:51.400]  And really thanks for everything you do.
[01:50:51.400 --> 01:50:52.400]  Well, I appreciate that.
[01:50:52.400 --> 01:50:53.400]  Thanks, Sally.
[01:50:53.400 --> 01:50:54.400]  All right.
[01:50:54.400 --> 01:50:55.400]  All right.
[01:50:55.400 --> 01:50:56.400]  Good luck.
[01:50:55.400 --> 01:50:56.400]  Keep going.
[01:50:56.400 --> 01:50:57.400]  All right.
[01:50:57.400 --> 01:50:58.400]  All right.
[01:50:58.400 --> 01:50:59.400]  Bye-bye.
[01:50:59.400 --> 01:51:00.400]  All right.
[01:51:00.400 --> 01:51:01.400]  Now we're going to go to Jim in Ohio.
[01:51:01.400 --> 01:51:03.400]  Jim, what can we do for you?
[01:51:03.400 --> 01:51:04.400]  Hi, Eddie.
[01:51:04.400 --> 01:51:05.400]  How are you doing?
[01:51:05.400 --> 01:51:22.400]  I've got a situation that I've never seen before in the third part of a two-year saga of questions that I pose to government that have gotten me in a little bit of trouble.
[01:51:22.400 --> 01:51:23.400]  Okay.
[01:51:23.400 --> 01:51:24.400]  From their standpoint.
[01:51:24.400 --> 01:51:27.400]  The second part –
[01:51:27.400 --> 01:51:30.400]  Never ask your legislator where he gets his hooker supplied.
[01:51:30.400 --> 01:51:36.400]  Especially in a public forum.
[01:51:36.400 --> 01:51:37.400]  Yes.
[01:51:37.400 --> 01:51:38.400]  I'm sorry.
[01:51:38.400 --> 01:51:39.400]  Go ahead.
[01:51:39.400 --> 01:51:40.400]  No, I'm sorry.
[01:51:40.400 --> 01:51:53.400]  I am currently facing, from the third of the municipalities in the county, now another second driving under suspension and failure to display the license.
[01:51:53.400 --> 01:52:00.400]  The last one was dismissed because of the paperwork that I put in.
[01:52:00.400 --> 01:52:03.400]  And again, I don't know completely where you are from.
[01:52:03.400 --> 01:52:21.400]  I haven't heard you speak about this, but I was coming as the beneficiary of the estate and blocking the prosecutor from coming on behalf of the municipality and the state as beneficiary with a claim against the estate, and they let it go.
[01:52:21.400 --> 01:52:34.400]  They told the cop to go fish, and this time they're moving ahead at a little bit different pace, and they've added to those charges a criminal complaint.
[01:52:34.400 --> 01:52:45.400]  And they separated the two, and I've been before the magistrate and a hearing on jurisdiction, which I didn't do very well.
[01:52:45.400 --> 01:52:48.400]  I actually didn't give the judge anything to rule on.
[01:52:48.400 --> 01:53:00.400]  I took too long to lay out my thing, and then they just kicked it to the curb and entered the plea, so it wasn't a proper demurrer.
[01:53:00.400 --> 01:53:14.400]  But at any rate, what they're trying to do now, based on the affidavit, all I have placed in the record is I haven't challenged and I haven't come with a cross-complaint.
[01:53:14.400 --> 01:53:36.400]  But based on the affidavit of truth that I've placed on the record, now I got from the lawyer today or from the hireling that is the prosecutor in the third of the podunks that they're trying to consolidate the two.
[01:53:36.400 --> 01:53:45.400]  The traffic citation part of it and the criminal complaint, they're trying to consolidate it into...
[01:53:45.400 --> 01:53:50.400]  Are traffic citations criminal in Ohio?
[01:53:50.400 --> 01:54:01.400]  Well, they're ruled under rules of criminal procedure, but they still use words, they use the civil word.
[01:54:01.400 --> 01:54:08.400]  And so it's just like all the time, they put on one hat to say one sentence and then they put on another hat to say another sentence.
[01:54:08.400 --> 01:54:21.400]  I have noticed them in that affidavit that civil rule two in Ohio and federally says that there's only one cause of action, and that's civil.
[01:54:21.400 --> 01:54:31.400]  But at any rate, what they're trying to do here is they don't use the term quasi-criminal, and I don't know whether you've ever used that term or not.
[01:54:31.400 --> 01:54:32.400]  I don't use it.
[01:54:32.400 --> 01:54:36.400]  They try to, but the problem is there's no such jurisdictions what I tell them.
[01:54:36.400 --> 01:54:43.400]  So it's one or it's the other as far as criminal or civil, pick a set of rules and play by them.
[01:54:43.400 --> 01:54:45.400]  If you're not going to do that, we have a problem.
[01:54:45.400 --> 01:54:47.400]  And of course, they never do that.
[01:54:47.400 --> 01:54:48.400]  I understand that.
[01:54:48.400 --> 01:54:53.400]  But let me kind of short-circuit this here for expediency purposes because we're running out of time.
[01:54:53.400 --> 01:54:54.400]  We're running out of time.
[01:54:54.400 --> 01:54:58.400]  I don't go with the argument you're using.
[01:54:58.400 --> 01:55:06.400]  I don't know what you mean by shot it down and closed them up and all that stuff as far as I got it.
[01:55:06.400 --> 01:55:10.400]  Obviously, you didn't get rid of it because it's coming back now in a second form, correct?
[01:55:10.400 --> 01:55:12.400]  From another municipality, yes.
[01:55:12.400 --> 01:55:13.400]  Yeah.
[01:55:13.400 --> 01:55:14.400]  Okay.
[01:55:14.400 --> 01:55:17.400]  So it's not a permanent solution, whatever it is you think you did.
[01:55:17.400 --> 01:55:18.400]  Exactly.
[01:55:18.400 --> 01:55:26.400]  So the point here is, is what do you know about the rules they're actually using?
[01:55:26.400 --> 01:55:28.400]  Well, this is something of interest.
[01:55:28.400 --> 01:55:34.400]  Criminal Rule 3, first of all, the legislature used the Supreme Court set up the—
[01:55:34.400 --> 01:55:35.400]  Okay, wait, wait, wait.
[01:55:35.400 --> 01:55:37.400]  I don't need judicial construction history.
[01:55:37.400 --> 01:55:39.400]  I need you to answer my question.
[01:55:39.400 --> 01:55:46.400]  What do you know about the rules of the game they're playing?
[01:55:46.400 --> 01:55:47.400]  Some.
[01:55:47.400 --> 01:55:49.400]  I don't know just exactly where you're going.
[01:55:49.400 --> 01:55:50.400]  I was attempting to—
[01:55:50.400 --> 01:55:56.400]  Well, what I want to know is, is do you know the rules they're using better than they do?
[01:55:56.400 --> 01:55:58.400]  Well, probably not.
[01:55:58.400 --> 01:56:04.400]  Then you've already lost because the moment you can't play the game on par with them, they will outmaneuver you.
[01:56:04.400 --> 01:56:05.400]  End of story.
[01:56:05.400 --> 01:56:07.400]  Only sheer dumb luck will save you.
[01:56:07.400 --> 01:56:11.400]  It will not be repeatable verbatim every time.
[01:56:11.400 --> 01:56:15.400]  That's what you've got to seek enough knowledge and understanding to do,
[01:56:15.400 --> 01:56:18.400]  is to be able to beat them black and blue with their own rule book.
[01:56:18.400 --> 01:56:23.400]  When they tell you we're going to do A, you have to be able to say, well, I'm sorry, you can't do A,
[01:56:23.400 --> 01:56:28.400]  because under B, you're only allowed to do C in this instance.
[01:56:28.400 --> 01:56:31.400]  You can't use A at all.
[01:56:31.400 --> 01:56:37.400]  Well, I believe I do have that pretty well worked out from the standpoint of being forced to the merits in court.
[01:56:37.400 --> 01:56:39.400]  Well, that's the other problem.
[01:56:39.400 --> 01:56:41.400]  You're going to merits.
[01:56:41.400 --> 01:56:48.400]  Were you engaged in the activity they're alleging?
[01:56:48.400 --> 01:56:49.400]  Say again.
[01:56:49.400 --> 01:56:53.400]  Were you engaged in the regulable activity which they are alleging?
[01:56:53.400 --> 01:56:54.400]  Absolutely not.
[01:56:54.400 --> 01:56:55.400]  Okay.
[01:56:55.400 --> 01:56:57.400]  Then why are you going to merits?
[01:56:57.400 --> 01:57:00.400]  Merits only matter if the rules matter.
[01:57:00.400 --> 01:57:04.400]  The rules only matter if the activity applies.
[01:57:04.400 --> 01:57:08.400]  If the activity does not apply, you can't violate those rules.
[01:57:08.400 --> 01:57:09.400]  I understand.
[01:57:09.400 --> 01:57:12.400]  So why are you going to merits?
[01:57:12.400 --> 01:57:15.400]  The statement was if I am forced to the merits.
[01:57:15.400 --> 01:57:18.400]  You can't let them force you to the merits.
[01:57:18.400 --> 01:57:19.400]  That's the end game for them.
[01:57:19.400 --> 01:57:22.400]  They force you to merits, you lose.
[01:57:22.400 --> 01:57:23.400]  I understand.
[01:57:23.400 --> 01:57:25.400]  I understand.
[01:57:25.400 --> 01:57:30.400]  At this particular point in time and with only a couple minutes left before the end of the show,
[01:57:30.400 --> 01:57:41.400]  is there a motion that I can force into a hearing to keep them from just getting this consolidation of the charges?
[01:57:41.400 --> 01:57:43.400]  Well, no.
[01:57:43.400 --> 01:57:47.400]  It's up to them whether or not they wish to consolidate them and handle them all in one case
[01:57:47.400 --> 01:57:51.400]  unless you can give them a valid reason why that's not preferred in your case.
[01:57:51.400 --> 01:57:55.400]  If it would be prejudicial to you in some form or fashion,
[01:57:55.400 --> 01:57:58.400]  then you can move that that not be allowed to happen.
[01:57:58.400 --> 01:58:05.400]  Otherwise, they're trying to act in the best interest of everyone to consolidate time and resources.
[01:58:05.400 --> 01:58:09.400]  So they're actually trying to help, at least possibly.
[01:58:09.400 --> 01:58:14.400]  What would I call the paper that I file with that complaint?
[01:58:14.400 --> 01:58:16.400]  I don't know what you would title it.
[01:58:16.400 --> 01:58:21.400]  You can title it anything you want, but it's got to be a motion because you're moving the court to do something.
[01:58:21.400 --> 01:58:23.400]  Exactly.
[01:58:23.400 --> 01:58:26.400]  Motion to reconsider joined or anything.
[01:58:26.400 --> 01:58:28.400]  Yeah, yeah.
[01:58:28.400 --> 01:58:30.400]  Motion for cake and ice cream for everybody.
[01:58:30.400 --> 01:58:33.400]  Exactly.
[01:58:33.400 --> 01:58:34.400]  All right.
[01:58:34.400 --> 01:58:35.400]  All right.
[01:58:35.400 --> 01:58:36.400]  Thanks for calling in, Jim.
[01:58:36.400 --> 01:58:37.400]  Thanks, bud.
[01:58:37.400 --> 01:58:38.400]  All right, folks.
[01:58:38.400 --> 01:58:40.400]  This has been the Monday Night Rule of Law Radio Show.
[01:58:40.400 --> 01:58:42.400]  Rob, I'm sorry I didn't get to you, but I am out of time.
[01:58:42.400 --> 01:58:44.400]  Thanks again, folks, for listening.
[01:58:44.400 --> 01:58:45.400]  Y'all have a great week.
[01:58:45.400 --> 01:58:50.400]  Good night and God bless.
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