[00:00.000 --> 00:07.880] This is the Liberty Beat, your daily source for Liberty news and activist updates, online [00:07.880 --> 00:08.880] at thelibertybeat.com. [00:08.880 --> 00:14.400] I'm Brian Hagan with your Liberty Beat for Friday, April 25th, 2014. [00:14.400 --> 00:22.560] Gold opened today, $1,302, silver opened to $19.75, while Bitcoin is trading at $451. [00:22.560 --> 00:27.440] Support for the Liberty Beat comes from Bitmain Technology, creators of the Antminer S1 180 [00:27.440 --> 00:32.680] gigahash bitcoin miner, no pre-order, ships on time, sometimes it's early. [00:32.680 --> 00:35.840] Buy yours today at bitmaintech.com. [00:35.840 --> 00:40.360] Support also comes from Affordable Sound, CD and DVD duplication, along with posters [00:40.360 --> 00:48.000] and promotions materials, online, affordablesound.com, or call up 512-459-5253. [00:48.000 --> 00:53.160] And support comes from Voice and Exit, maximizing human flourishing through radical innovation. [00:53.160 --> 00:57.000] Tickets on sale now, get 10% off with promo code FREEDOM. [00:57.000 --> 00:59.600] June 21st at Austin Music Hall. [00:59.600 --> 01:02.560] Get yours at voiceandexit.com. [01:02.560 --> 01:06.280] In the news, sweeping changes regarding gun laws in two states this week. [01:06.280 --> 01:10.680] In Georgia, Governor Nathan Deal has signed legislation into law that will allow guns [01:10.680 --> 01:13.800] to be carried into bars, churches and government buildings. [01:13.800 --> 01:18.720] The Los Angeles Times reports the State Carry Protection Act takes effect July 1st. [01:18.720 --> 01:23.120] In Kansas, meanwhile, Governor Sam Brownback has signed into law legislation making it [01:23.120 --> 01:26.480] legal statewide to openly carry firearms. [01:26.480 --> 01:30.720] At the same time, the Associated Press reports the legislation strips local governments of [01:30.720 --> 01:32.760] their gun-regulating power. [01:32.760 --> 01:36.200] The change takes effect July 1st. [01:36.200 --> 01:40.540] Vermont is poised to become the first state to enact labeling for foods containing genetically [01:40.540 --> 01:42.280] modified organisms. [01:42.280 --> 01:47.200] On Wednesday, the Vermont House voted 114 to 30 in favor of the bill, while the State [01:47.200 --> 01:49.400] Senate approved the measure last week. [01:49.400 --> 01:53.840] The law also sets up a special defense fund to fight off expected lawsuits from food manufacturers [01:53.840 --> 01:56.680] and biotech companies like Monsanto. [01:56.680 --> 02:01.600] The measure is going to effect July 1st of 2016. [02:01.600 --> 02:05.720] Students in California will have their yearly standardized testing and reporting exam replaced [02:05.720 --> 02:10.600] by Common Core, a national curriculum backed by Obama's Education Department. [02:10.600 --> 02:15.640] Some educators are calling the new Common Core test confusing and developmentally inappropriate. [02:15.640 --> 02:19.800] Check out theLibertyBeat.com for the floor report to learn which states have banned the [02:19.800 --> 02:20.800] curriculum. [02:20.800 --> 02:24.720] Support for the Liberty Beat comes from Dorothy Erminger at Cap Star Lending. [02:24.720 --> 02:27.600] Dorothy can walk you through the ins and outs of buying a home. [02:27.600 --> 02:32.640] Give her a call 512-343-6494 or apply online. [02:32.640 --> 02:33.640] Call Dorothy.com. [02:33.640 --> 02:36.640] NMLS 216624. [02:36.640 --> 02:40.600] Support also comes from My Magic Mud, All Natural Teeth Whitener. [02:40.600 --> 02:46.440] Go to MyMagicMud.com to hear a short interview with Dr. Griffin Cole at MyMagicMud.com. [02:46.440 --> 02:51.760] Support comes from Brave New Books, online at BraveNewBookstore.com. [02:51.760 --> 02:56.080] This is the Liberty Beat for Friday, April 25th, 2014. [02:56.080 --> 03:25.320] Check out the website at theLibertyBeat.com. [03:26.840 --> 03:27.840] theLibertyBeat.com. [03:27.840 --> 03:52.840] Support comes from Brave New Books, online at BraveNewBooksstore. [03:52.840 --> 04:17.840] Go to MyMagicMud.com to hear a short interview with Dr. Griffin Cole at MyMagicMud.com. [04:17.840 --> 04:32.600] Alright folks, good evening. [04:32.600 --> 04:35.000] This is the Monday Night Rule of Law Radio Show. [04:35.000 --> 04:38.880] It is April 28th, 2014. [04:38.880 --> 04:42.200] Alright, this is getting an early start tonight. [04:42.200 --> 04:46.400] I hadn't even quite got the show even started yet and we've already got callers up on the [04:46.400 --> 04:50.360] board so go ahead and give us a call and we'll put you up on the board and get you ready [04:50.360 --> 04:51.360] here. [04:51.360 --> 04:58.600] 512-646-1984 is the call-in number and I guess for the moment, until we get some more up [04:58.600 --> 05:01.840] here, I'm going to go ahead and take Brian's call since he's already here. [05:01.840 --> 05:03.800] Brian, what can we do for you? [05:03.800 --> 05:05.800] Oh, hi Eddie. [05:05.800 --> 05:12.760] Calling out here from Michigan, got a couple of questions for you. [05:12.760 --> 05:21.880] I got pulled over and they cited me, well, I refused to take a field breast laser test [05:21.880 --> 05:30.480] and they pulled me in, took blood and it came back as a.09 and they wrote on the citation, [05:30.480 --> 05:41.920] you know, 257.625A and then underneath that is 1310 which is my OSHA standards. [05:41.920 --> 05:49.240] So it's all clearly operating, has to do with commerce. [05:49.240 --> 05:55.160] Now I am in a company vehicle when I'm for hire, when I'm at work, however at the time [05:55.160 --> 06:03.960] I was not and it does have DOT numbers on the side but I've found even under their [06:03.960 --> 06:09.880] codes it says it doesn't even have to be on there just if I'm over 10,001 pounds which [06:09.880 --> 06:16.280] it's on there for I'm an oil field welder so any time that I'm hauling well heads and [06:16.280 --> 06:20.640] stuff of that nature that puts me over that weight, you know, we've got it on there just [06:20.640 --> 06:21.640] in case. [06:21.640 --> 06:27.080] But like I said at that time I was simply traveling and they are trying to get me for [06:27.080 --> 06:34.960] commercial citation of refusing the breast laser test and that's fine. [06:34.960 --> 06:41.640] Okay first thing is what exactly did you say to the point of refusing? [06:41.640 --> 06:55.400] He had asked me to go into the field machine and I told him that I wasn't going to do it. [06:55.400 --> 06:59.200] Why did you choose that particular tack? [06:59.200 --> 07:03.360] Because where I had just left, I mean I had just drank a couple of beers and if I blew [07:03.360 --> 07:06.800] into it then it was going to be something astronomical because it has to be. [07:06.800 --> 07:09.000] Okay no no no you're misunderstanding my question. [07:09.000 --> 07:16.120] I'm not asking for your reason for not wanting to blow, I'm asking for the reason why you [07:16.120 --> 07:20.680] said what you said. [07:20.680 --> 07:23.040] That it is my right not to. [07:23.040 --> 07:32.040] Okay so what is the proper way to assert your right not to so that they cannot use it against [07:32.040 --> 07:34.480] you as a refusal? [07:34.480 --> 07:41.680] Yeah I see them, barely knew it all this so. [07:41.680 --> 07:46.320] Okay well guess where is not a good place to experiment? [07:46.320 --> 07:47.320] Right there. [07:47.320 --> 07:48.320] Yep. [07:48.320 --> 07:49.320] Yep. [07:49.320 --> 08:00.000] Well pretty much my best defense on that is I wasn't engaged in commerce. [08:00.000 --> 08:05.160] Okay you misunderstand, okay let me back up here for a second. [08:05.160 --> 08:17.480] This is problem number one, numero uno, the highest order of problems is not understanding [08:17.480 --> 08:22.120] what your rights are and how to use them. [08:22.120 --> 08:33.480] Okay now are you required to provide anyone with information or evidence that they can [08:33.480 --> 08:38.280] use against you in a court of law or to potentially incriminate you in any way? [08:38.280 --> 08:40.720] Absolutely not. [08:40.720 --> 08:52.320] And what would be the proper way to say I am invoking my right to not take your tests? [08:52.320 --> 08:58.280] Absolutely I have the right not to incriminate myself. [08:58.280 --> 09:05.240] Okay I'm not asking for a question, I'm asking you what's the proper way to make that assertion [09:05.240 --> 09:08.680] to the officers? [09:08.680 --> 09:13.760] How do you say it so that it is not a refusal they can use against you? [09:13.760 --> 09:21.080] Ask them if anything that they say or do can be used against me. [09:21.080 --> 09:23.360] Say it again? [09:23.360 --> 09:29.440] By asking them if anything that I provide to them can and will be used against me. [09:29.440 --> 09:40.080] Well what do you have to do before you ask that question? [09:40.080 --> 09:45.200] You need to invoke the rights that question is meant to protect. [09:45.200 --> 09:49.360] Officer I'm invoking my right to remain silent and my right to assistance of counsel. [09:49.360 --> 09:54.240] Now as far as the field sobriety test goes, is that in any way something that you can [09:54.240 --> 09:58.000] use against me or in a court of law or that could be used to potentially incriminate me [09:58.000 --> 09:59.520] in any way? [09:59.520 --> 10:07.360] If so then I must decline to take the test until I have proper advisement by legal counsel. [10:07.360 --> 10:13.960] Now you're not refusing, you're simply saying unless my legal counsel advises me to do it [10:13.960 --> 10:18.800] I can't do it and I'm not going to waive my right to counsel so you can force me to do [10:18.800 --> 10:20.880] it and then use it against me. [10:20.880 --> 10:25.080] Do you understand what I'm saying? [10:25.080 --> 10:26.360] Absolutely. [10:26.360 --> 10:29.320] Now folks this brings up another issue. [10:29.320 --> 10:34.440] It doesn't matter how you try to do it, they're going to try to say that it's a refusal so [10:34.440 --> 10:38.960] that they can administratively suspend your license. [10:38.960 --> 10:49.560] However when the license is related to your ability to work or your ability to provide [10:49.560 --> 10:58.640] a means of getting around to those who do work or have needs that need to be met and [10:58.640 --> 11:06.060] so on and so forth, they cannot just arbitrarily revoke the license or suspend it. [11:06.060 --> 11:11.160] They have to provide you with a proper judicial hearing first. [11:11.160 --> 11:17.820] Now they're always going to try to do an administrative suspension and you need to go and challenge [11:17.820 --> 11:22.640] that administrative suspension based upon the fact that they attempted to get you to [11:22.640 --> 11:26.960] waive a protected right and you weren't going to do that. [11:26.960 --> 11:31.760] Not until your legal counsel had advised you to do otherwise. [11:31.760 --> 11:35.520] Would it be too late to do that if I've already had a... [11:35.520 --> 11:40.600] Well the video from the time is going to show you didn't do that. [11:40.600 --> 11:43.240] So the answer to your question is what? [11:43.240 --> 11:44.240] No. [11:44.240 --> 11:45.240] Gotcha. [11:45.240 --> 11:46.240] Okay. [11:46.240 --> 11:53.640] Now, don't get me wrong, I'm not knocking the fact that you tried. [11:53.640 --> 12:00.140] What I am knocking is you tried to do something you were not fully prepared to see through [12:00.140 --> 12:03.280] and that can hurt you. [12:03.280 --> 12:08.760] Right, okay. [12:08.760 --> 12:18.080] I was watching a couple of your videos there on YouTube and you were talking about refusing [12:18.080 --> 12:21.480] or disqualifying a judge. [12:21.480 --> 12:23.480] Recusing or disqualifying, yes. [12:23.480 --> 12:24.480] Yes. [12:24.480 --> 12:32.480] Is there any way that I could get you to email one that's already been previously filed just [12:32.480 --> 12:33.480] as a... [12:33.480 --> 12:34.480] Email one what? [12:34.480 --> 12:37.240] A motion to disqualify or recuse? [12:37.240 --> 12:38.240] Yes. [12:38.240 --> 12:43.800] Well, the thing is if you're in Michigan, the recusal process in Michigan is liable [12:43.800 --> 12:46.800] not to be the same as it is in Texas. [12:46.800 --> 12:47.800] Right. [12:47.800 --> 12:48.800] Okay. [12:48.800 --> 12:53.280] And that particular recusal motion is part of our seminar material. [12:53.280 --> 12:56.280] That's not one of the documents we give out for free. [12:56.280 --> 12:57.280] Okay. [12:57.280 --> 13:01.240] Okay, I suppose. [13:01.240 --> 13:06.000] But now if you will look at the statutes in Michigan and find where it talks about the [13:06.000 --> 13:12.160] recusal of a particular judge at a particular level of court, then you can base whatever [13:12.160 --> 13:16.720] motion you need to on what you find there. [13:16.720 --> 13:19.440] Okay. [13:19.440 --> 13:25.720] Another question that I was going to ask you is if all this goes through and I get found [13:25.720 --> 13:30.360] guilty and I'm sitting in jail, and how would the appeal process work there? [13:30.360 --> 13:35.120] Obviously, they can't deprive you, you know, your law library or whatever to appeal it, [13:35.120 --> 13:37.200] but you would still be incarcerated. [13:37.200 --> 13:42.440] Well, again, in order to appeal it, you would have to have some form of appealable error [13:42.440 --> 13:44.320] to address. [13:44.320 --> 13:49.780] You have to remember that your appeal actually starts at trial. [13:49.780 --> 13:55.280] Everything you're doing at trial is meant to build a record set for appeal to prove [13:55.280 --> 14:02.400] due process violations by the court, by the prosecution, by your own attorney, by the [14:02.400 --> 14:09.400] jury instructions, by the lack of evidence, anything and all, everything like that. [14:09.400 --> 14:14.040] So that's where your record starts is at trial. [14:14.040 --> 14:15.400] Okay. [14:15.400 --> 14:20.960] So you better become very, very familiar with what they're trying to charge you with. [14:20.960 --> 14:24.040] And you better make darn sure your attorney is too. [14:24.040 --> 14:31.840] Well, if they're trying to get me for, I mean, this is 100% a commercial citation and I wasn't [14:31.840 --> 14:33.640] engaged in anything commercial. [14:33.640 --> 14:38.080] Well, again, what are you basing that on? [14:38.080 --> 14:44.560] The fact that when I was traveling, it didn't weigh over 10,001 pounds. [14:44.560 --> 14:45.560] Okay. [14:45.560 --> 14:48.160] That is not the only thing that makes it commercial. [14:48.160 --> 14:51.600] The weight alone is not the only criteria. [14:51.600 --> 14:52.760] Right. [14:52.760 --> 14:53.760] No passengers. [14:53.760 --> 14:56.720] I wasn't for hire. [14:56.720 --> 14:57.860] Okay. [14:57.860 --> 15:04.960] But you're still, what makes you think they're charging you under the transportation code [15:04.960 --> 15:09.440] in Michigan rather than the penal code? [15:09.440 --> 15:12.080] The MiOSHA 1310. [15:12.080 --> 15:13.400] Okay. [15:13.400 --> 15:21.480] That can be a secondary element to allow them to do something in addition to the charge. [15:21.480 --> 15:31.000] But how does OSHA have a statute that you could be charged under? [15:31.000 --> 15:35.120] Well, the only way they could is if it was with, I was- [15:35.120 --> 15:36.120] Wait, wait, wait. [15:36.120 --> 15:39.080] You're not answering my question. [15:39.080 --> 15:46.840] How could OSHA possibly have a statute that you could be charged under? [15:46.840 --> 15:47.840] They wouldn't. [15:47.840 --> 15:50.840] It's just regulations. [15:50.840 --> 15:52.200] No. [15:52.200 --> 15:57.040] Not the correct question or response to the question at all. [15:57.040 --> 15:58.280] OSHA is federal. [15:58.280 --> 15:59.840] It's not state. [15:59.840 --> 16:01.080] Right. [16:01.080 --> 16:03.360] What you did is a state violation. [16:03.360 --> 16:15.040] So how could OSHA apply to it in any way, shape, or form from a criminal aspect? [16:15.040 --> 16:16.560] I wouldn't think it could. [16:16.560 --> 16:17.560] Okay then. [16:17.560 --> 16:23.640] You're making a presumption, not a known fact. [16:23.640 --> 16:28.000] You said there was two things listed on this, correct? [16:28.000 --> 16:32.680] What code are those things found in? [16:32.680 --> 16:33.680] 2578. [16:33.680 --> 16:34.680] Okay. [16:34.680 --> 16:38.960] Hang on just a second, Brian, and you can answer it on the other side. [16:38.960 --> 16:39.960] We're about to take a break. [16:39.960 --> 16:40.960] All right, folks. [16:40.960 --> 16:41.960] Rule of law radio. [16:41.960 --> 16:42.960] Call in number 512-646-1984. [16:42.960 --> 16:43.960] Give us a call. [16:43.960 --> 16:44.960] Give us a holler. [16:44.960 --> 16:45.960] Give us a call. [16:45.960 --> 16:47.960] Give us a holler. [16:47.960 --> 16:48.960] Give us a complaint. [16:48.960 --> 16:49.960] Give us something. [16:49.960 --> 16:52.760] Give me somebody to talk to when we get done with Brian and Sean here. [16:52.760 --> 16:53.760] So y'all hang on. [16:53.760 --> 17:00.760] We'll be right back on the other side. [17:00.760 --> 17:05.360] Through advances in technology, our lives have greatly improved, except in the area [17:05.360 --> 17:06.760] of nutrition. 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[17:51.720 --> 17:57.400] As a distributor, you can experience improved health, help your friends and family, and [17:57.400 --> 17:59.360] increase your income. [17:59.360 --> 18:00.720] Order now. [18:00.720 --> 18:05.440] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [18:05.440 --> 18:09.560] Stop debt collectors now with the Michael Mears proven method. [18:09.560 --> 18:13.800] Michael Mears has won six cases in federal court against debt collectors, and now you [18:13.800 --> 18:14.800] can win too. [18:14.800 --> 18:19.720] You'll get step-by-step instructions in plain English on how to win in court using federal [18:19.720 --> 18:25.040] civil rights statutes, what to do when contacted by phones, mail, or court summons, how to [18:25.040 --> 18:29.560] answer letters and phone calls, how to get debt collectors out of your credit report, [18:29.560 --> 18:34.200] how to turn the financial tables on them and make them pay you to go away. [18:34.200 --> 18:39.000] The Michael Mears proven method is the solution for how to stop debt collectors. [18:39.000 --> 18:41.480] Personal consultation is available as well. [18:41.480 --> 18:47.000] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [18:47.000 --> 18:49.440] or email michaelmears at yahoo.com. [18:49.440 --> 18:59.560] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors [18:59.560 --> 19:00.560] now. [19:00.560 --> 19:10.040] We're listening to the Logos Radio Network, lo-lo-logosradio-network.com. [19:10.040 --> 19:32.720] All right, folks. [19:32.720 --> 19:33.720] We are back. [19:33.720 --> 19:37.760] This is Rule of Law Radio and I lost my caller. [19:37.760 --> 19:40.480] He disappeared off the board here. [19:40.480 --> 19:41.480] Okay. [19:41.480 --> 19:44.200] I'm not sure why that is. [19:44.200 --> 19:48.080] But while we're waiting on him to call back, we're going to go ahead and take Shawn in [19:48.080 --> 19:49.080] Texas. [19:49.080 --> 19:50.080] Shawn, what can we do for you? [19:50.080 --> 19:51.080] Hi, Greg. [19:51.080 --> 19:52.080] I called last Monday. [19:52.080 --> 19:59.080] I said I got a speeding ticket about three hours away and the lady told me that they [19:59.080 --> 20:02.720] were going to be closed on the date I was supposed to appear. [20:02.720 --> 20:03.720] They were closed. [20:03.720 --> 20:10.920] I went over there today because it was the first day that the clerk administrator would [20:10.920 --> 20:11.920] be there. [20:11.920 --> 20:12.920] I showed up. [20:12.920 --> 20:14.560] I followed all my stuff. [20:14.560 --> 20:18.400] She kept trying to give me the sign, a plea, like four times. [20:18.400 --> 20:23.080] I told her no, I would not. [20:23.080 --> 20:29.560] If I made clerical errors on any of the stuff that I've filed, how could I resubmit those? [20:29.560 --> 20:32.720] Well when you mean a clerical error, what are we talking about? [20:32.720 --> 20:38.200] I feel like instead of Willis D. County, I accidentally left Travis County on like one [20:38.200 --> 20:40.680] of the forms. [20:40.680 --> 20:42.280] You file an amended version. [20:42.280 --> 20:45.440] You just put amended at the end of the title and refile it. [20:45.440 --> 20:46.440] Amended. [20:46.440 --> 20:47.440] Okay. [20:47.440 --> 20:59.320] Now that I've filed all those things to start off with, my court dates are on the 13th. [20:59.320 --> 21:04.640] What's going to do to stay ahead of the game and to be on the offense so that when I go, [21:04.640 --> 21:12.360] they're just confused and I get them off guard because I hit them with facts and stuff. [21:12.360 --> 21:15.120] Have you actually read the documentation you're filing? [21:15.120 --> 21:17.360] Yeah, some of them, yeah. [21:17.360 --> 21:18.360] What do you mean some of them? [21:18.360 --> 21:19.360] The one that I've filed, I've read. [21:19.360 --> 21:26.960] I need to read them a lot more, but- Okay. [21:26.960 --> 21:33.720] The majority of what you need to know if you have to argue anything is what's in those [21:33.720 --> 21:34.720] documents. [21:34.720 --> 21:35.720] All right. [21:35.720 --> 21:36.720] Okay. [21:36.720 --> 21:44.200] Now as far as the court procedure, well, that's a little bit more convoluted because that [21:44.200 --> 21:48.560] depends entirely upon whether or not the court's actually going to follow proper procedure [21:48.560 --> 21:51.080] and most of them don't. [21:51.080 --> 21:52.080] Okay. [21:52.080 --> 22:02.480] The JP, they wouldn't file the stuff for the DA or the opposing counsel. [22:02.480 --> 22:06.160] They said, I had to go and turn the paperwork into them, so I did. [22:06.160 --> 22:12.000] And the opposing counsel is the DA and he tried to get me to, he said we were going [22:12.000 --> 22:18.600] to have a pre-trial conference and if we don't come to an agreement, we'll set a date for [22:18.600 --> 22:19.600] court. [22:19.600 --> 22:23.280] But he actually got too bogged down and then he said, you can just go ahead and go and [22:23.280 --> 22:26.080] set up the court date. [22:26.080 --> 22:29.680] And that was the end of that. [22:29.680 --> 22:30.680] Okay. [22:30.680 --> 22:36.600] Well, if you file motions, you have the right to have the motions heard prior to trial. [22:36.600 --> 22:43.560] Now they may do it the day of trial, but you still have the right to have them heard. [22:43.560 --> 22:44.840] Okay. [22:44.840 --> 22:50.680] And so don't let them ignore them when they do that, but you don't know when the date's [22:50.680 --> 22:51.680] going to be yet. [22:51.680 --> 22:52.680] As far as what? [22:52.680 --> 22:53.680] The date of the court date? [22:53.680 --> 22:54.680] Yes. [22:54.680 --> 22:55.680] No, no, yeah. [22:55.680 --> 22:56.680] It's May 13th. [22:56.680 --> 22:57.680] May 13th. [22:57.680 --> 22:58.680] Yes, sir. [22:58.680 --> 23:03.680] So they set a date right then? [23:03.680 --> 23:06.200] Yes, sir. [23:06.200 --> 23:07.200] Okay. [23:07.200 --> 23:12.280] Well, the problem is, is there's no way I can tell you all of the different processes [23:12.280 --> 23:16.240] they can go through in this show. [23:16.240 --> 23:18.240] Yeah, yeah. [23:18.240 --> 23:24.880] I spent six hours on the road today and I was listening to your CD the whole way, back [23:24.880 --> 23:25.880] and forth. [23:25.880 --> 23:28.080] So mine's pretty stuffed with a lot of stuff. [23:28.080 --> 23:31.200] I just got to get it out on paper and have notes. [23:31.200 --> 23:32.200] Yeah. [23:32.200 --> 23:38.120] The things you need to know first and foremost about every appearance you make, anytime you [23:38.120 --> 23:43.480] go to court, there are specific words out of your mouth, which I'm willing to bet you [23:43.480 --> 23:46.640] didn't do when you went in there. [23:46.640 --> 23:51.080] And the first one is, I reserve the right of special appearance to challenge the jurisdiction [23:51.080 --> 23:53.280] of the court. [23:53.280 --> 23:57.360] And the second is that I move all proceedings beyond the record, even if it's not a court [23:57.360 --> 23:59.160] of record. [23:59.160 --> 24:01.320] Okay. [24:01.320 --> 24:04.800] So did you appear before magistrate and not do those things? [24:04.800 --> 24:07.520] No, I didn't appear in front of any judge. [24:07.520 --> 24:13.320] It was just me and the court administrator, the lady at the desk. [24:13.320 --> 24:14.320] The clerk. [24:14.320 --> 24:15.320] Yeah. [24:15.320 --> 24:16.320] Okay. [24:16.320 --> 24:17.320] All right. [24:17.320 --> 24:23.240] Anytime you go in front of any magistrate or judge, those are the two first things out [24:23.240 --> 24:26.640] of your mouth, always and in that order. [24:26.640 --> 24:27.640] Understood? [24:27.640 --> 24:28.640] Okay. [24:28.640 --> 24:34.920] If you fail to reserve your right to special appearance, you're waiving personal jurisdiction, [24:34.920 --> 24:35.920] impersonal jurisdiction. [24:35.920 --> 24:40.040] You cannot waive subject matter. [24:40.040 --> 24:43.760] The court either has it or it doesn't. [24:43.760 --> 24:44.920] It's not up to them. [24:44.920 --> 24:46.120] It's not up to you. [24:46.120 --> 24:52.220] If the law does not grant them subject matter jurisdiction through proper procedure and [24:52.220 --> 24:58.880] proper everything else, they don't have it no matter what they say. [24:58.880 --> 25:06.240] But we're not going to waive anything that we don't absolutely have to. [25:06.240 --> 25:07.240] Okay. [25:07.240 --> 25:08.240] Okay. [25:08.240 --> 25:15.240] So in relation to that, that's always the first thing out of your mouth. [25:15.240 --> 25:21.600] Everything else you've got to do is in relation to the practice scripts that are on the website. [25:21.600 --> 25:22.600] Okay. [25:22.600 --> 25:23.600] Got it. [25:23.600 --> 25:24.600] Okay. [25:24.600 --> 25:32.360] Now, the practice script for cross-examination goes into what the deadly sins are and why [25:32.360 --> 25:36.320] you object to them and so on and so forth. [25:36.320 --> 25:41.960] So you need to study that script intensely because while the prosecutor is doing their [25:41.960 --> 25:50.300] thing, they're going to be referring to the deadly sins regularly and you must be objecting [25:50.300 --> 25:56.240] every time they do. [25:56.240 --> 26:05.360] The only time you do not object to the use of a deadly sin is when it has already been [26:05.360 --> 26:14.720] overruled by the court on your objection and the prosecutor asks the same question again [26:14.720 --> 26:18.440] using that deadly sin or group up. [26:18.440 --> 26:19.600] Okay. [26:19.600 --> 26:26.720] But if they rephrase the question in any way that would elicit a different set of facts, [26:26.720 --> 26:29.160] you will object to it again. [26:29.160 --> 26:34.120] If they try to argue that they've already overruled that, then your argument is no, [26:34.120 --> 26:35.120] sir. [26:35.120 --> 26:38.240] They reworded the question to elicit a different set of facts. [26:38.240 --> 26:43.560] Therefore, my challenge is the same. [26:43.560 --> 26:46.560] Okay. [26:46.560 --> 26:58.600] After this, because it's a JP court, could it get put to rest there or will they still [26:58.600 --> 27:01.600] say, you know? [27:01.600 --> 27:02.600] You like trains? [27:02.600 --> 27:03.600] What's that? [27:03.600 --> 27:04.600] Do you like trains? [27:04.600 --> 27:05.600] No. [27:05.600 --> 27:06.600] Not really. [27:06.600 --> 27:14.640] Well, too bad because when you go to court for these things, you're going to get railroaded [27:14.640 --> 27:18.000] all right. [27:18.000 --> 27:23.440] So you'd better learn to like trains and learn how to read a schedule and how to properly [27:23.440 --> 27:29.360] ride one or you're going to wind up playing around on the platform and the tracks and [27:29.360 --> 27:30.360] get run over. [27:30.360 --> 27:31.360] Okay. [27:31.360 --> 27:36.000] Well, I kind of feel like I'm in it for the long haul. [27:36.000 --> 27:38.760] I want to see justice too. [27:38.760 --> 27:40.760] No. [27:40.760 --> 27:49.000] Again, you do not go into these courts with the intention of winning at trial. [27:49.000 --> 27:52.320] Are we clear? [27:52.320 --> 27:53.320] Not winning at trial. [27:53.320 --> 27:54.320] Yes. [27:54.320 --> 27:59.880] If you win at trial, it will be sheer dumb luck. [27:59.880 --> 28:01.560] Okay. [28:01.560 --> 28:08.680] It will most assuredly not be because of anything else because it's extremely difficult to win [28:08.680 --> 28:12.840] under any other conditions when the deck is already stacked against you and the court [28:12.840 --> 28:16.680] is operating to ensure that you cannot win. [28:16.680 --> 28:20.680] Do you understand? [28:20.680 --> 28:21.680] Yes. [28:21.680 --> 28:25.120] So what do I want my outcomes to be? [28:25.120 --> 28:30.960] Your outcome is to file and argue everything properly for the purpose of making a record [28:30.960 --> 28:33.960] for your de novo appeal. [28:33.960 --> 28:36.960] Okay. [28:36.960 --> 28:42.720] Look at this as a trial run to get your appeal. [28:42.720 --> 28:47.480] This is your practice for your actual de novo. [28:47.480 --> 28:52.840] Since the JP courts are courts of no record, you get to go to a county court or a county [28:52.840 --> 28:59.080] court at law and do a rehearing or a retrial of the same thing. [28:59.080 --> 29:04.600] So you will get practice at the original trial. [29:04.600 --> 29:12.160] But it's very important that you do things properly at the original trial so that you [29:12.160 --> 29:20.160] can argue that the de novo court lacks jurisdiction just like the original court did. [29:20.160 --> 29:25.800] Because the county court is not the original court of jurisdiction on class C fine only's. [29:25.800 --> 29:28.840] JP and municipal courts are. [29:28.840 --> 29:37.520] If they never acquired proper jurisdiction, then the county court cannot acquire it either. [29:37.520 --> 29:42.360] So it's imperative that you keep it in that context all the way through. [29:42.360 --> 29:47.440] Hang on just a minute Sean and we'll finish this discussion on the other side of the break. [29:47.440 --> 29:52.000] Folks call in number 512-646-1984. [29:52.000 --> 29:59.440] Give us a call, give us a holler, let's talk, we'll be right back. [29:59.440 --> 30:04.160] Is it iPhone or iSpy? [30:04.160 --> 30:09.120] In Germany, one man had to file a lawsuit to learn how his cell phone carrier was tracking [30:09.120 --> 30:10.600] his every move 24-7. [30:10.600 --> 30:16.080] I'm Dr. Catherine Albrecht and I'll have the creepy details in a moment. [30:16.080 --> 30:17.800] Privacy is under attack. [30:17.800 --> 30:21.400] When you give up data about yourself, you'll never get it back again. [30:21.400 --> 30:26.360] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:26.360 --> 30:31.480] So protect your rights, say no to surveillance and keep your information to yourself. [30:31.480 --> 30:34.160] Privacy, it's worth hanging on to. [30:34.160 --> 30:39.760] This message is brought to you by Startpage.com, the private search engine alternative to Google, [30:39.760 --> 30:41.480] Yahoo and Bing. [30:41.480 --> 30:45.000] Start over with Startpage. [30:45.000 --> 30:48.480] Do you know how much data your cell phone company collects on you? [30:48.480 --> 30:53.040] In Germany, Green Party politician Malte Spitz didn't, so he asked. [30:53.040 --> 30:55.200] When his carrier objected, he sued. [30:55.200 --> 30:58.640] Tracking people's whereabouts is what phone companies do. [30:58.640 --> 31:03.240] To route calls efficiently, they ping customers' cell phones every few seconds. [31:03.240 --> 31:07.480] But when a court ordered Deutsche Telekom to cough up its records on Spitz, what he [31:07.480 --> 31:09.280] learned was shocking. [31:09.280 --> 31:15.040] In a six-month period, the company had logged his location 35,000 times, often to within [31:15.040 --> 31:17.640] a few hundred yards of his precise location. [31:17.640 --> 31:23.520] So the next time you turn on your cell phone, know this, your carrier is not only watching, [31:23.520 --> 31:24.520] it's taking notes. [31:24.520 --> 31:31.720] I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine. [31:31.720 --> 31:32.720] What are you thinking? [31:32.720 --> 31:39.040] Micro plant powder with iodine and probiotics for a total body detox for around $10 a month. [31:39.040 --> 31:44.640] If USA.org has 12 formulations of micro plant powder for absorbing and removing toxins from [31:44.640 --> 31:50.120] your kidneys, liver, blood, lungs, stomach, and colon, and feel better than ever, it alkalizes, [31:50.120 --> 31:55.040] oxygenates, kills parasites, does the job of 10 products, that saves you space, time, [31:55.040 --> 31:56.040] and money. [31:56.040 --> 32:03.040] Call 888-910-4367 only at NUSA.org. [32:03.040 --> 32:05.960] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [32:05.960 --> 32:09.840] In today's America, we live in an us-against-them society, and if we the people are ever going [32:09.840 --> 32:13.680] to have a free society, then we're going to have to stand and defend our own rights. [32:13.680 --> 32:16.960] Among those rights are the right to travel freely from place to place, the right to act [32:16.960 --> 32:20.680] in our own private capacity, and most importantly, the right to due process of law. [32:20.680 --> 32:24.840] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [32:24.840 --> 32:26.280] our rights through due process. [32:26.280 --> 32:30.200] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [32:30.200 --> 32:33.960] most comprehensive teaching tool available that will help you understand what due process [32:33.960 --> 32:36.040] is and how to hold courts to the rule of law. [32:36.040 --> 32:40.360] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [32:40.360 --> 32:41.680] ordering your copy today. [32:41.680 --> 32:45.040] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [32:45.040 --> 32:49.480] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [32:49.480 --> 32:51.800] documents and other useful resource material. [32:51.800 --> 32:55.760] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:55.760 --> 33:15.840] Order your copy today and together we can have the free society we all want and deserve. [33:15.840 --> 33:40.560] All right, folks, we are back. [33:40.560 --> 33:42.160] This is Rule of Law Radio. [33:42.160 --> 33:49.680] The call-in number is 512-646-1984 and we are still talking to Sean in Texas and I still [33:49.680 --> 33:50.680] need some more callers. [33:50.680 --> 33:51.680] All right, Sean, let's continue. [33:51.680 --> 33:52.680] All right. [33:52.680 --> 33:57.680] Last thing I want to know, I heard when I was listening to your CD, you mentioned about, [33:57.680 --> 34:02.520] you know, you'll, you know, take their houses, you'll be swimming pool and all that stuff. [34:02.520 --> 34:05.880] How can I get back reparations for gas and for time lost wages? [34:05.880 --> 34:10.720] You're not going to get any of that unless you sue for malicious prosecution at the end [34:10.720 --> 34:11.720] of this. [34:11.720 --> 34:12.720] All right. [34:12.720 --> 34:16.920] That's why you have to do everything proper for your appeal so that you can eventually [34:16.920 --> 34:20.520] get anything they do overturned in your favor. [34:20.520 --> 34:24.720] Then and only then do you have a cause of action for malicious prosecution. [34:24.720 --> 34:30.920] So, study hard and listen to your DVD a lot. [34:30.920 --> 34:31.920] Yep. [34:31.920 --> 34:32.920] I appreciate it. [34:32.920 --> 34:33.920] Read even more. [34:33.920 --> 34:34.920] All right. [34:34.920 --> 34:35.920] Okay. [34:35.920 --> 34:36.920] That's all the questions I have. [34:36.920 --> 34:37.920] Thank you very much. [34:37.920 --> 34:38.920] All right, Sean. [34:38.920 --> 34:39.920] Thanks for calling in. [34:39.920 --> 34:40.920] Have a good day. [34:40.920 --> 34:41.920] All right. [34:41.920 --> 34:45.920] I don't have any more callers and I would like to have some more if I can get them. [34:45.920 --> 34:46.920] All right. [34:46.920 --> 34:56.040] While we are waiting on that though, it's very, very important that you learn what the [34:56.040 --> 34:59.360] proper process is. [34:59.360 --> 35:06.800] And you have to remember that there are two different ways of this process proceeding. [35:06.800 --> 35:16.040] There is this method required by the statute and then there's what they actually do. [35:16.040 --> 35:23.920] And they only have some similarities, but they are by no means in compliance with the [35:23.920 --> 35:27.840] law in virtually any aspect whatsoever. [35:27.840 --> 35:32.520] Most of the stuff they do violates the requirements of the statute. [35:32.520 --> 35:41.000] Therefore, it violates your due process rights as granted or protected by the statutes. [35:41.000 --> 35:47.120] And the quicker you realize that that's intentional, the better off you're going to be. [35:47.120 --> 35:55.080] Because only by realizing that are you going to understand exactly how big the railroad [35:55.080 --> 35:58.320] job is intended to be. [35:58.320 --> 36:03.880] And believe me, there's a lot more to it than you think. [36:03.880 --> 36:12.520] These types of citations and cases have become a huge revenue enhancement for cities, counties [36:12.520 --> 36:15.200] and the state. [36:15.200 --> 36:19.040] Do not delude yourself into believing otherwise. [36:19.040 --> 36:25.040] In 2010, I haven't got a current version of the report, but I need to do a public information [36:25.040 --> 36:27.200] request and get one. [36:27.200 --> 36:32.380] But the report that I have a copy of from 2010 showed that the city of Austin profited [36:32.380 --> 36:41.960] more than $32 million for what it took in in 2010 on traffic citations. [36:41.960 --> 36:42.960] Traffic citations. [36:42.960 --> 36:45.560] That doesn't include any of the other kind of citations. [36:45.560 --> 36:50.260] They write code enforcement and things of that nature, parking. [36:50.260 --> 36:53.700] That was simply traffic. [36:53.700 --> 36:58.720] The enforcement of this transportation code. [36:58.720 --> 37:05.760] Now the city or the county, whatever they take in, they have to pay 50% of that to the [37:05.760 --> 37:06.920] state. [37:06.920 --> 37:12.400] So the state has a 50% interest in the money. [37:12.400 --> 37:19.300] That's exactly why you need to make sure that even the higher courts cannot arbitrarily [37:19.300 --> 37:21.760] rule against you in violation of law. [37:21.760 --> 37:27.880] Now that doesn't mean they won't, but that it's imperative that you do it in such a way [37:27.880 --> 37:34.160] as if they do that you have an appealable error for them doing it. [37:34.160 --> 37:40.820] That takes a lot to learn how to do properly for the purpose of making the record. [37:40.820 --> 37:45.320] Now the statutory process versus what they actually do. [37:45.320 --> 37:50.640] These are the two things that I am comparing in the second book that I'm doing. [37:50.640 --> 37:52.280] I'm still trying to figure out. [37:52.280 --> 37:54.160] I've got a lot of it written. [37:54.160 --> 38:01.080] It's just written in different files organized by the particular subject matter. [38:01.080 --> 38:08.480] And I've got to massage that into the actual book form and then join it all together coherently. [38:08.480 --> 38:16.000] But the way I want to lay it out is more or less, and for lack of a better term, like [38:16.000 --> 38:19.760] the traffic courts for dummies layout. [38:19.760 --> 38:25.280] Basically I'm going to break everything down into a set of icon sections. [38:25.280 --> 38:30.600] Here's the statutes being invoked by this step of the process. [38:30.600 --> 38:34.120] And it'll have a complete list of all the statutes that apply to everything that's going [38:34.120 --> 38:36.880] on in that step. [38:36.880 --> 38:46.280] And then it will say, okay, here are the statutory requirements for this step. [38:46.280 --> 38:52.580] And here is what they will actually try to do in relation to this step. [38:52.580 --> 39:00.280] And here are the due process violations that will be a result of how they're doing it versus [39:00.280 --> 39:02.960] how they're required to do it. [39:02.960 --> 39:10.080] And even if they do do what's required by statute, is there a due process violation [39:10.080 --> 39:16.280] being invoked by the statute itself that they're more than happy to comply with? [39:16.280 --> 39:21.520] A good example being, for instance, the requirement that you display a license to any peace officer [39:21.520 --> 39:26.240] in violation of your right to remain silent and your right to not provide information [39:26.240 --> 39:30.200] that can be used against you in a court of law or to potentially incriminate you. [39:30.200 --> 39:35.240] That would go the same thing with producing any other documentation and officer demands [39:35.240 --> 39:36.440] on the spot. [39:36.440 --> 39:41.320] You're not required to provide them with anything they can use against you in a court of law [39:41.320 --> 39:44.160] or that they can potentially incriminate you with. [39:44.160 --> 39:49.600] It doesn't matter whether you know for a fact it can or it can't. [39:49.600 --> 39:53.760] You're not trained in the law well enough to make that determination. [39:53.760 --> 40:00.560] You need to understand that your rights are, you cannot be compelled to produce that. [40:00.560 --> 40:02.600] And stand on it. [40:02.600 --> 40:04.240] Do not give it up. [40:04.240 --> 40:05.240] Don't waive it. [40:05.240 --> 40:08.320] Turn your back on it. [40:08.320 --> 40:13.120] And then anything they take from you without a warrant that they use to incriminate you [40:13.120 --> 40:20.400] in any way or to charge you for invoking a protected right, you have an affirmative defense [40:20.400 --> 40:22.320] for. [40:22.320 --> 40:27.720] Because they cannot take the exercise of a right, convert it into a crime, and punish [40:27.720 --> 40:29.280] you for it. [40:29.280 --> 40:35.000] Yet, when they try to charge you with failure to display a license, that's exactly what [40:35.000 --> 40:36.040] they're doing. [40:36.040 --> 40:40.920] When they're charging you with failure to provide financial responsibility because you [40:40.920 --> 40:44.760] wouldn't give them the card, that's exactly what they're doing. [40:44.760 --> 40:49.600] They're converting your right to remain silent and your right to assistance of counsel into [40:49.600 --> 40:56.160] criminal accusations that they can use against you. [40:56.160 --> 40:59.720] It astounds me that people don't realize this. [40:59.720 --> 41:02.400] They don't understand this. [41:02.400 --> 41:05.520] But then again, if everybody understood it, I guess there wouldn't be a reason for this [41:05.520 --> 41:08.560] show to be out here. [41:08.560 --> 41:15.480] The point being, folks, this is up to you to know. [41:15.480 --> 41:19.200] Because I'm not sitting in that car with you anytime this happens. [41:19.200 --> 41:20.440] You are. [41:20.440 --> 41:23.200] You have to know how to handle this. [41:23.200 --> 41:26.120] And again, this goes back to the stuff I was talking about before. [41:26.120 --> 41:31.760] Not that people ask questions, but that people still are willing to be dependent on someone [41:31.760 --> 41:37.120] else rather than themselves to their own detriment. [41:37.120 --> 41:42.280] I just don't understand that. [41:42.280 --> 41:50.040] It's imperative that you take hold of the reins and ride. [41:50.040 --> 41:52.960] Because when push comes to shove, you're the only one on the horse. [41:52.960 --> 41:55.480] No one else is there to help you. [41:55.480 --> 41:58.600] You're going to have to know how to do this. [41:58.600 --> 42:00.500] All right. [42:00.500 --> 42:02.200] We have another caller up on the board. [42:02.200 --> 42:03.760] It is Rob in Illinois. [42:03.760 --> 42:05.800] Rob, what can we do for you? [42:05.800 --> 42:06.800] Hello, Eddie. [42:06.800 --> 42:13.120] I just thought I'd call in and chime in and give you my two cents on that $32 million [42:13.120 --> 42:16.240] of profit for the city of Austin, Texas. [42:16.240 --> 42:18.560] Now they can no longer claim that they're poor. [42:18.560 --> 42:23.160] Isn't it funny how all these municipalities- Oh, sure they can when they got a budget [42:23.160 --> 42:24.160] of $500 million. [42:24.160 --> 42:25.160] Well, okay then. [42:25.160 --> 42:26.160] You got me. [42:26.160 --> 42:32.360] And the other thing is I'm going to send you the assistance of council package and you [42:32.360 --> 42:37.080] can look it over and post it up on your website and send it out to everybody that you want. [42:37.080 --> 42:46.120] It helped out two friends of mine who were in deep doo-doo and it works, but people got [42:46.120 --> 42:51.080] to stick to it and it'll help them out because you don't want to waive that right to speedy [42:51.080 --> 42:52.080] trial. [42:52.080 --> 42:58.720] Yeah, well, you don't want to waive any of the rights you don't have to. [42:58.720 --> 43:07.040] In fact, this issue of them denying you council in the first place, especially here in Texas, [43:07.040 --> 43:16.980] we have such a strong constitutional argument against that, that it's not even funny because [43:16.980 --> 43:23.400] it specifically states in our constitution in all criminal cases. [43:23.400 --> 43:30.800] It makes no differentiation between the lowest misdemeanor and the highest felony. [43:30.800 --> 43:34.320] It simply says in all criminal cases. [43:34.320 --> 43:38.280] Hang on just a second Rob, we're going to take another break and we'll pick this up [43:38.280 --> 43:39.280] on the other side. [43:39.280 --> 43:46.920] All right, folks, call in number to rule of law radio 512-646-1984. [43:46.920 --> 43:47.920] Give us a call. [43:47.920 --> 43:48.920] All right. [43:48.920 --> 43:52.520] We're going to take a short break and we will be right back to finish Talk of the Rob. [43:52.520 --> 43:54.920] So I need some more callers up on the board. [43:54.920 --> 43:55.920] Let's go. [43:55.920 --> 44:00.920] We'll be right back. [44:00.920 --> 44:04.080] Are you the plaintiff or defendant in a lawsuit? [44:04.080 --> 44:10.840] In your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course [44:10.840 --> 44:17.480] that will show you how in 24 hours, step-by-step, if you have a lawyer, know what your lawyer [44:17.480 --> 44:18.480] should be doing. [44:18.480 --> 44:22.880] If you don't have a lawyer, know what you should do for yourself. [44:22.880 --> 44:27.720] Thousands have won with our step-by-step course and now you can too. [44:27.720 --> 44:33.680] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience. [44:33.680 --> 44:39.040] Even if you're not in a lawsuit, you can learn what everyone should understand about the [44:39.040 --> 44:43.320] principles and practices that control our American courts. [44:43.320 --> 44:49.520] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [44:49.520 --> 44:51.880] pro se tactics, and much more. [44:51.880 --> 45:03.640] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [45:03.640 --> 45:09.160] Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by [45:09.160 --> 45:14.120] our store at 1904 Guadalupe Street, Sweet D here in Austin, Texas, buying Brave New [45:14.120 --> 45:17.960] Books and Chase Bank to see all our fantastic health and wellness products with your very [45:17.960 --> 45:18.960] own eyes. [45:18.960 --> 45:23.840] Have a look at our Miracle Healing Clay that started our adventure in alternative medicine. [45:23.840 --> 45:27.840] Take a peek at some of our other wonderful products including our Australian Eme oil, [45:27.840 --> 45:36.000] lotion candles, olive oil, soaps, and colloidal silver and gold and call 512-264-4043 or find [45:36.000 --> 45:44.400] us online at naturespureorganics.com, that's 512-264-4043 naturespureorganics.com. [45:44.400 --> 46:06.560] Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com. [46:06.560 --> 46:33.520] All right, folks, we are back. [46:33.520 --> 46:35.360] This is Rule of Law Radio. [46:35.360 --> 46:40.040] All right, we are still talking with Rob in Illinois and I still need some more callers, [46:40.040 --> 46:41.040] 512-646-1984. [46:41.040 --> 46:42.040] All right, Rob, continue. [46:42.040 --> 46:50.200] All right, as I was saying before the break that I sent you already, you should have it [46:50.200 --> 46:55.080] any second now that Assistance of Counsel package and it was sent to me from somebody [46:55.080 --> 47:03.000] else but I put it together with a whole bunch of other documents to give everybody a basis, [47:03.000 --> 47:08.840] a definite basis and understanding of where this is coming from and how to properly apply [47:08.840 --> 47:09.840] it. [47:09.840 --> 47:14.200] I put together a guide to explain step by step how to go through this. [47:14.200 --> 47:18.520] So when you get it, Eddie, if you feel like passing it out, anybody interested, you can [47:18.520 --> 47:29.160] email me at rob1802 at mail.com, that's rob1802 at mail.com for the Assistance of Counsel [47:29.160 --> 47:30.160] package. [47:30.160 --> 47:34.360] Like I said before, it helped a couple of friends of mine get out of the trouble that [47:34.360 --> 47:35.360] they were in. [47:35.360 --> 47:39.360] They had been battling the courts for like a year or even longer and all of a sudden [47:39.360 --> 47:43.560] they used this and stopped everything dead in its tracks. [47:43.560 --> 47:45.280] Okay. [47:45.280 --> 47:50.160] And the key is I talked to another guy who did something similar to this but the thing [47:50.160 --> 47:52.440] is he called the attorneys on the phone. [47:52.440 --> 47:53.720] You can't call the attorneys. [47:53.720 --> 47:59.400] You have to physically go down to the attorney's office and hand them the one-page or two-page [47:59.400 --> 48:03.800] Assistance of Counsel contract and that is the offer. [48:03.800 --> 48:08.760] You have to make the physical offer to contract with these people because the judge kicked [48:08.760 --> 48:10.600] them out and said, oh, you didn't do a good enough job. [48:10.600 --> 48:13.640] So you have to visit at least three attorneys. [48:13.640 --> 48:17.640] So that's key to all this and that's all explained in the guide. [48:17.640 --> 48:18.640] Okay. [48:18.640 --> 48:19.640] There you go. [48:19.640 --> 48:20.640] All right. [48:20.640 --> 48:21.640] Anything else? [48:21.640 --> 48:22.640] No, no, that's it. [48:22.640 --> 48:23.640] Thanks for having me on. [48:23.640 --> 48:24.640] No problem. [48:24.640 --> 48:25.640] All right, folks. [48:25.640 --> 48:35.920] Now, as I was saying, here in Texas on this Assistance of Counsel issue, not only are [48:35.920 --> 48:42.160] they required to provide you Assistance of Counsel for all criminal prosecutions pursuant [48:42.160 --> 48:50.720] the Texas Constitution and the Code of Criminal Procedure, but the courts may not alter that [48:50.720 --> 48:59.140] right by declaring that just because it doesn't involve jail that the right doesn't exist. [48:59.140 --> 49:00.480] And why? [49:00.480 --> 49:03.320] Because we covered that too in the Texas Constitution. [49:03.320 --> 49:09.880] Article 1, Section 29 says that nothing that any member of government does that violates [49:09.880 --> 49:14.400] any part of the Texas Constitution is valid. [49:14.400 --> 49:17.440] It's void immediately. [49:17.440 --> 49:19.520] It's void. [49:19.520 --> 49:25.120] So when the courts declare that we're not entitled to Assistance of Counsel, court-appointed [49:25.120 --> 49:32.640] counsel because this doesn't involve jail time, they're going based upon a Supreme Court [49:32.640 --> 49:36.200] ruling in relation to the federal Constitution. [49:36.200 --> 49:44.200] They are completely ignoring the Texas Constitution on the subject and they can't do that. [49:44.200 --> 49:51.200] The federal Constitution does not override the rights that the people of Texas put in [49:51.200 --> 49:54.920] place for ourselves in our Constitution. [49:54.920 --> 50:05.440] Now, it didn't give us those rights, but if we did use that section to forbid our government [50:05.440 --> 50:11.740] from harming those rights or denying us in those rights. [50:11.740 --> 50:14.880] So I'm not saying it granted them to us. [50:14.880 --> 50:19.440] I'm saying we put it there to protect those rights from exactly this type of abuse by [50:19.440 --> 50:22.700] our public servants. [50:22.700 --> 50:31.840] This is your first indication that the courts are corrupt at every level because it is the [50:31.840 --> 50:39.960] Texas appeals courts that have ruled on the Assistance of Counsel issue and said you're [50:39.960 --> 50:44.280] not entitled to it and that's baloney. [50:44.280 --> 50:48.920] We didn't give them the power to override the Texas Constitution to deprive us of the [50:48.920 --> 50:54.640] right to Assistance of Counsel any more than we gave them the right to override the Constitution [50:54.640 --> 51:02.380] on how a court gets proper jurisdiction of a cause of action in a criminal case anyway. [51:02.380 --> 51:10.240] The only place where a court has standing or jurisdiction, I'm sorry, in a case of a [51:10.240 --> 51:19.640] court, it's jurisdiction, to hear a case is civil, okay? [51:19.640 --> 51:22.400] Let me rephrase this where it makes more sense. [51:22.400 --> 51:28.640] In relation to a criminal case, the court gets jurisdiction in only two ways. [51:28.640 --> 51:36.080] Whereas in a civil case, the court gets jurisdiction allegedly simply because an individual filed [51:36.080 --> 51:40.880] a complaint within the court and that complaint is supposed to specify why that court has [51:40.880 --> 51:43.240] jurisdiction of the cause. [51:43.240 --> 51:49.680] Well in a criminal case, an indictment or information according to Article 5, Section [51:49.680 --> 51:58.360] 12B of the Texas Constitution is the only way that a court gets jurisdiction of a cause. [51:58.360 --> 52:04.640] In fact, 27.01 of the Code of Criminal Procedure is in full compliance with that when it says [52:04.640 --> 52:09.200] the primary pleading of the state in a criminal case is the indictment or information. [52:09.200 --> 52:11.840] It is not a complaint. [52:11.840 --> 52:14.640] It has never been a complaint. [52:14.640 --> 52:19.520] Nowhere in the Texas Constitution does it say if an indictment is quashed in the county, [52:19.520 --> 52:23.760] then the person can still be prosecuted based upon the complaint alone. [52:23.760 --> 52:30.440] No, it says that if the indictment is quashed in the county, then the person can still be [52:30.440 --> 52:39.180] tried by the information that was filed along with the indictment. [52:39.180 --> 52:44.640] If you follow the steps in the Code of Criminal Procedure and the Texas Constitution one by [52:44.640 --> 52:50.440] one, the logical chain of events is this. [52:50.440 --> 52:53.380] Someone must wear out a criminal complaint. [52:53.380 --> 52:55.640] Now that's not a charging instrument. [52:55.640 --> 52:58.800] That is a sworn accusation. [52:58.800 --> 53:01.400] There's a difference. [53:01.400 --> 53:09.320] That sworn accusation is then given to a magistrate or to an attorney for the state. [53:09.320 --> 53:14.840] If the attorney for the state is the one that receives it, they must immediately reduce [53:14.840 --> 53:20.560] it to writing in the form of a complaint that has to be signed and verified, and then they [53:20.560 --> 53:26.400] have to create an information based upon that complaint. [53:26.400 --> 53:32.000] Now Texas Constitution also says that the grand jury shall look into misdemeanors. [53:32.000 --> 53:38.320] Again, it does not differentiate as to classification. [53:38.320 --> 53:45.120] It simply says that the grand jury shall check or look into misdemeanor cases and hand down [53:45.120 --> 53:47.600] indictments therefore. [53:47.600 --> 53:54.280] Now, that would mean that the complaint and the information created by the prosecuting [53:54.280 --> 53:59.920] attorney or the magistrate who would have turned it over, the complaint over to an attorney [53:59.920 --> 54:04.040] for the state, is forwarded to the grand jury. [54:04.040 --> 54:06.640] Now why are both of them necessary? [54:06.640 --> 54:11.520] Well, because the complaint is simply that. [54:11.520 --> 54:15.520] It's a statement that I have reason to believe and do believe that such and such individual [54:15.520 --> 54:20.820] committed a crime in this place at this time in this manner. [54:20.820 --> 54:27.480] And the information by law is the charging instrument that lays out all of the elements [54:27.480 --> 54:32.600] that's required to be proven at trial by the state in a criminal case. [54:32.600 --> 54:39.000] There's no criteria in statute whatsoever that the complaint have all of the necessary [54:39.000 --> 54:41.020] elements required to be proven. [54:41.020 --> 54:46.300] It's not in Chapter 15, it's not in Chapter 45. [54:46.300 --> 54:55.600] So the complaint is always legally insufficient in that it is not required to have all of [54:55.600 --> 54:58.920] the things required to be proven. [54:58.920 --> 55:03.640] Whereas an indictment or information absolutely must have all the things required to be proven [55:03.640 --> 55:05.640] at trial. [55:05.640 --> 55:09.520] That's why the prosecuting attorney has to lay it down into an information after he gets [55:09.520 --> 55:11.960] assigned his former complaint. [55:11.960 --> 55:17.200] That's exactly where the grand jury is supposed to say, okay, what evidence or facts do we [55:17.200 --> 55:24.560] have to look at that shows that the individual allegedly hit each one of these necessary [55:24.560 --> 55:27.640] elements for this charge to be valid? [55:27.640 --> 55:31.840] And that's what the grand jury is supposed to investigate into according to Article 5, [55:31.840 --> 55:34.600] Section 21 of the Texas Constitution. [55:34.600 --> 55:40.560] The grand jury is supposed to look into those misdemeanors, do their investigation and if [55:40.560 --> 55:48.720] they find evidence that the crime could have been committed by this person, then they indict. [55:48.720 --> 55:52.460] And that indictment goes back to the district court who is then commanded to hand it down [55:52.460 --> 55:58.560] to the inferior court having original jurisdiction of the cause. [55:58.560 --> 56:07.160] So they have to do that for any type of case, misdemeanor or felony, not just felony. [56:07.160 --> 56:12.280] They tried to change Article 1, Section 10 of the Texas Bill of Rights to say that they [56:12.280 --> 56:20.520] don't have to have a grand jury indictment for any misdemeanor, any misdemeanor. [56:20.520 --> 56:22.480] Get that? [56:22.480 --> 56:26.840] The only time they have to try to indict you according to the way they tried to amend Article [56:26.840 --> 56:32.520] 1, Section 10 is for felonies, otherwise the state and the state's attorney can simply [56:32.520 --> 56:38.000] accuse you, try you, convict you and throw you in jail. [56:38.000 --> 56:47.120] There ain't nothing fair and impartial about that people, nothing whatsoever. [56:47.120 --> 56:53.160] The problem is Article 1, Section 10 is now in direct conflict with Article 5, Section [56:53.160 --> 57:04.440] 21, where it still says the grand jury shall look into all misdemeanors and hand down indictments [57:04.440 --> 57:05.440] therefore. [57:05.440 --> 57:06.440] Okay? [57:06.440 --> 57:12.000] It doesn't say may, it says shall. [57:12.000 --> 57:18.080] Under Chapter 311 Government Code, shall creates a duty. [57:18.080 --> 57:24.400] So right there the grand jury has a duty to look into all misdemeanors and hand down indictments [57:24.400 --> 57:28.280] for them if they find evidence that the crime was possibly perpetrated by the individual [57:28.280 --> 57:31.760] being accused. [57:31.760 --> 57:37.760] Then all three of those documents have to be served on the accused. [57:37.760 --> 57:38.760] Why? [57:38.760 --> 57:45.160] Well, 45.018B specifically gives them the right of having a copy of the complaint before [57:45.160 --> 57:52.880] any proceeding, 25.04 Code of Criminal Procedure attempts to violate due process by saying [57:52.880 --> 57:58.280] that the state does not have to serve a copy of the indictment or information to the accused. [57:58.280 --> 58:04.240] The problem there is that is the only way that the accused gets proper notice of the [58:04.240 --> 58:10.560] allegations against them because only those two documents contain the necessary elements [58:10.560 --> 58:15.800] required to be proven at trial and thus are the only ones that give proper notice of those [58:15.800 --> 58:19.680] elements to the accused. [58:19.680 --> 58:24.360] Now this should not be rocket science for a judge or a prosecutor to figure out, but [58:24.360 --> 58:29.440] you have to remember our justice system is no longer one of protecting the rights of [58:29.440 --> 58:30.440] the people. [58:30.440 --> 58:34.520] It's no longer adversarial in its duties and I'll explain that on the other side if we [58:34.520 --> 58:35.520] don't have any more callers. [58:35.520 --> 58:41.760] Alright folks, this is Rule of Law Radio calling number 512-646-1984. [58:41.760 --> 58:50.400] We're going to break, but we will be right back so y'all hang in there. [58:50.400 --> 58:55.800] The Bible remains the most popular book in the world, yet countless readers are frustrated [58:55.800 --> 58:58.600] because they struggle to understand it. [58:58.600 --> 59:04.000] Some new translations try to help by simplifying the text, but in the process can compromise [59:04.000 --> 59:07.240] the profound meaning of the scripture. 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[01:00:03.320 --> 01:00:07.840] This is the Liberty Beat, your daily source for Liberty news and activist updates, online [01:00:07.840 --> 01:00:09.600] at thelibertybeat.com. [01:00:09.600 --> 01:00:14.360] I'm Brian Hagan with your Liberty Beat for Friday, April 25th, 2014. [01:00:14.360 --> 01:00:16.840] Gold opened today, $1,302. [01:00:16.840 --> 01:00:22.520] Silver opened at $19.75, while Bitcoin is trading at $451. [01:00:22.520 --> 01:00:27.480] Support for the Liberty Beat comes from Bitmain Technology, creators of the Antminer S1 180 [01:00:27.480 --> 01:00:29.200] gigahash Bitcoin miner. [01:00:29.200 --> 01:00:32.640] No pre-order, ships on time, sometimes it's early. [01:00:32.640 --> 01:00:35.800] Buy yours today at bitmaintech.com. [01:00:35.800 --> 01:00:40.320] Support also comes from Affordable Sound, CD and DVD duplication, along with posters [01:00:40.320 --> 01:00:47.960] and promotions materials, online, affordablesound.com, or call up 512-459-5253. [01:00:47.960 --> 01:00:53.120] And support comes from Voice and Exit, maximizing human flourishing through radical innovation. [01:00:53.120 --> 01:00:54.680] Tickets on sale now. [01:00:54.680 --> 01:00:59.560] Get 10% off with promo code FREEDOM, June 21st at Austin Music Hall. [01:00:59.560 --> 01:01:01.360] Get yours at voiceandexit.com. [01:01:01.360 --> 01:01:06.240] In the news, sweeping changes regarding gun laws in two states this week. [01:01:06.240 --> 01:01:10.640] In Georgia, Governor Nathan Deal has signed legislation into law that will allow guns [01:01:10.640 --> 01:01:13.760] to be carried into bars, churches, and government buildings. [01:01:13.760 --> 01:01:18.680] The Los Angeles Times reports the Safe Carry Protection Act takes effect July 1st. [01:01:18.680 --> 01:01:23.080] In Kansas, meanwhile, Governor Sam Brownback has signed into law legislation making it [01:01:23.080 --> 01:01:26.440] legal statewide to openly carry firearms. [01:01:26.440 --> 01:01:30.680] At the same time, the Associated Press reports the legislation strips local governments of [01:01:30.680 --> 01:01:32.680] their gun-regulating power. [01:01:32.680 --> 01:01:36.120] The change takes effect July 1st. [01:01:36.120 --> 01:01:40.480] Vermont is poised to become the first state to enact labeling for foods containing genetically [01:01:40.480 --> 01:01:42.200] modified organisms. [01:01:42.200 --> 01:01:47.400] On Wednesday, the Vermont House voted 114-30 in favor of the bill, while the state Senate [01:01:47.400 --> 01:01:49.320] approved the measure last week. [01:01:49.320 --> 01:01:53.780] The law also sets up a special defense fund to fight off expected lawsuits from food manufacturers [01:01:53.780 --> 01:01:56.620] and biotech companies like Monsanto. [01:01:56.620 --> 01:02:01.560] The measures go into effect July 1st of 2016. [01:02:01.560 --> 01:02:05.640] Students in California will have their yearly standardized testing and reporting exam replaced [01:02:05.640 --> 01:02:10.560] by Common Core, a national curriculum backed by Obama's Education Department. [01:02:10.560 --> 01:02:15.600] Some educators are calling the new Common Core test confusing and developmentally inappropriate. [01:02:15.600 --> 01:02:19.720] Check out theLibertyBeat.com for the floor report to learn which states have banned the [01:02:19.720 --> 01:02:20.720] curriculum. [01:02:20.720 --> 01:02:24.600] Support for the Liberty Beat comes from Dorothy Erminger at Cap Star Lending. [01:02:24.600 --> 01:02:27.560] Dorothy can walk you through the ins and outs of buying a home. [01:02:27.560 --> 01:02:32.520] Give her a call 512-343-6494 or apply online. [01:02:32.520 --> 01:02:33.520] Call Dorothy.com. [01:02:33.520 --> 01:02:36.520] NMLS 216624. [01:02:36.520 --> 01:02:40.480] Support also comes from My Magic Mud, All Natural Teeth Whitener. [01:02:40.480 --> 01:02:46.280] Go to MyMagicMud.com to hear a short interview with Dr. Griffin Cole at MyMagicMud.com. [01:02:46.280 --> 01:02:51.640] And support comes from Brave New Books online at BraveNewBookstore.com. [01:02:51.640 --> 01:02:55.960] This is the Liberty Beat for Friday, April 25th, 2014. [01:02:55.960 --> 01:03:22.040] Check out the website at theLibertyBeat.com. [01:03:25.960 --> 01:03:49.720] Alright folks, we are back. [01:03:49.720 --> 01:03:51.680] This is Rule of Law Radio. [01:03:51.680 --> 01:03:58.880] Alright, since we still don't have any callers up on the board, 512-646-1984, I'm going to [01:03:58.880 --> 01:04:03.840] continue on with this little dissertation of the way things work here in Texas anyway. [01:04:03.840 --> 01:04:12.760] Now when these judges decide to deprive you of these individual rights in violation of [01:04:12.760 --> 01:04:17.040] any of the constitutional provisions and Article 1 of the Code of Criminal Procedure, which [01:04:17.040 --> 01:04:23.360] is specifically those things that you have a right to under the right of due process, [01:04:23.360 --> 01:04:26.040] they're committing crimes against you. [01:04:26.040 --> 01:04:32.240] The whole purpose of what we do is to document those crimes. [01:04:32.240 --> 01:04:34.880] Those are your appealable errors. [01:04:34.880 --> 01:04:42.640] You're deprived of protected rights under specious or facetious grounds by the courts. [01:04:42.640 --> 01:04:46.180] And that just should not be allowed to fly. [01:04:46.180 --> 01:04:49.040] So we have to raise that as an issue. [01:04:49.040 --> 01:04:55.720] Now even if the courts began to do everything in compliance with the statutes, the due process [01:04:55.720 --> 01:04:58.600] violations don't stop there. [01:04:58.600 --> 01:04:59.600] Why? [01:04:59.600 --> 01:05:05.640] Because most of the convictions they get in relation to anything, but especially the class [01:05:05.640 --> 01:05:17.360] C fine onlys, are entirely based on presumptions, not facts. [01:05:17.360 --> 01:05:20.880] And what I mean by that is this. [01:05:20.880 --> 01:05:27.120] They presume from the very beginning that you are engaging in transportation and that [01:05:27.120 --> 01:05:31.480] they have regulatory power over you because of that. [01:05:31.480 --> 01:05:34.520] That's the first presumption. [01:05:34.520 --> 01:05:41.520] The second presumption is, is that everything you're doing has a commercial nexus via being [01:05:41.520 --> 01:05:47.880] a motor vehicle, you being a driver or an operator, et cetera, et cetera, et cetera. [01:05:47.880 --> 01:05:56.240] Again, there's no facts proving any of this, it is simply a presumption of application [01:05:56.240 --> 01:05:57.920] of the law. [01:05:57.920 --> 01:06:02.480] Nothing about it's truthful, but that's beside the point. [01:06:02.480 --> 01:06:13.360] Now the other problem is, is that becomes a gross denial of due process in other ways. [01:06:13.360 --> 01:06:19.720] The courts have started calling all of these things strict liability statutes, meaning [01:06:19.720 --> 01:06:25.840] that the only question before the court is whether or not you actually violated the written [01:06:25.840 --> 01:06:26.840] statute. [01:06:26.840 --> 01:06:34.840] Well, there's a problem with that manner of trying a case and the manner is the same as [01:06:34.840 --> 01:06:38.420] it always has been in such cases. [01:06:38.420 --> 01:06:43.380] No one has proved they had standing to bring the allegation. [01:06:43.380 --> 01:06:50.200] See the other thing that's always been required in a criminal case is an injured party. [01:06:50.200 --> 01:06:55.960] Doesn't matter whether it's a criminal case based upon negligence where the harm was not [01:06:55.960 --> 01:07:04.220] intended but it was foreseeable versus a direct intent to cause the harm, which would make [01:07:04.220 --> 01:07:08.080] it malamense instead of malamprohibitum. [01:07:08.080 --> 01:07:17.600] But the fact is, when they make it in such a manner where the only question is did you [01:07:17.600 --> 01:07:25.100] violate the statute and the question is never did the statute actually apply, then it's [01:07:25.100 --> 01:07:29.840] already a foregone conclusion you're guilty because the only parameters allowed to be [01:07:29.840 --> 01:07:35.700] introduced is does the statute say A, does the statute say B, did the individual do an [01:07:35.700 --> 01:07:42.040] action that violated A, did the individual do an action that violated B. [01:07:42.040 --> 01:07:48.120] There is absolutely never the opportunity to address the issue of did the statute ever [01:07:48.120 --> 01:07:52.400] apply to the individual in the first place. [01:07:52.400 --> 01:07:57.880] That's how they've misconstrued strict liability. [01:07:57.880 --> 01:08:01.960] The problem again is lack of standing. [01:08:01.960 --> 01:08:08.920] State has never proved that you were engaged in an activity to which those statutes applied. [01:08:08.920 --> 01:08:17.840] State has never proven that anything you were doing was regulable by them or that the actions [01:08:17.840 --> 01:08:24.260] that you allegedly took actually harmed anyone. [01:08:24.260 --> 01:08:29.720] This is where the strict liability was brought in for the purpose of revenue generation. [01:08:29.720 --> 01:08:34.700] No longer is there a requirement that someone suffered an injury for which they must be [01:08:34.700 --> 01:08:36.620] made whole. [01:08:36.620 --> 01:08:42.120] Now the entire thing boils down to this for lack of a better way of putting it. [01:08:42.120 --> 01:08:51.240] We the state accuse you the individual of this wrongdoing and the only recourse you [01:08:51.240 --> 01:09:02.160] have is to go to a predetermined outcome of a trial to argue that you shouldn't have to [01:09:02.160 --> 01:09:09.120] pay this where we will find you guilty so that you do have to pay this. [01:09:09.120 --> 01:09:14.560] If you fail to appear for that court date or you fail to pay the fine after we declare [01:09:14.560 --> 01:09:23.080] you owe it, we claim the right to increase the amount of the fines to incarcerate you [01:09:23.080 --> 01:09:28.240] for indeterminate amounts of time despite the fact that we deprived you of your rights [01:09:28.240 --> 01:09:32.720] prior to that so that you may not have lost had you had proper legal counsel to defend [01:09:32.720 --> 01:09:37.320] you and they've defended you properly. [01:09:37.320 --> 01:09:45.040] But if all that fails to get us the money, we reserve the right to shoot you dead. [01:09:45.040 --> 01:09:58.360] Now folks, this is the very concept of 1920s, 30s and 40s gangsterism. [01:09:58.360 --> 01:10:01.640] This is extortion. [01:10:01.640 --> 01:10:07.880] This is extortion by your own public servants. [01:10:07.880 --> 01:10:17.880] This is a fundamental alteration of the rights of the people into privileges. [01:10:17.880 --> 01:10:24.640] This is where the state declared your right to this, that or the other is not relevant [01:10:24.640 --> 01:10:35.240] if we can claim a necessity to generate revenue or to regulate you for our purposes. [01:10:35.240 --> 01:10:39.240] You're done. [01:10:39.240 --> 01:10:45.680] This is the difference folks between what is lawful and what is legal. [01:10:45.680 --> 01:10:54.600] Remember, everything that Hitler did in Germany was legal, wasn't lawful. [01:10:54.600 --> 01:10:57.360] But it was legal. [01:10:57.360 --> 01:11:07.240] Whereas everything that Schindler did was lawful, but it was illegal. [01:11:07.240 --> 01:11:09.800] Now think about that. [01:11:09.800 --> 01:11:19.080] You're living in America in name only. [01:11:19.080 --> 01:11:27.360] In actuality and reality as to how things are functioning, you're living in Germany [01:11:27.360 --> 01:11:39.920] during World War II, and World War I, and World War anything, okay? [01:11:39.920 --> 01:11:42.060] You're no better off. [01:11:42.060 --> 01:11:46.760] And yet I hear people every day, America, we're great because we're free. [01:11:46.760 --> 01:11:47.760] Really? [01:11:47.760 --> 01:11:52.000] And you obviously haven't sat down and taken a tally of exactly what your freedom is tied [01:11:52.000 --> 01:11:53.840] to that day. [01:11:53.840 --> 01:11:55.400] You want to go get in your car? [01:11:55.400 --> 01:11:57.800] Is your car properly licensed by the state? [01:11:57.800 --> 01:12:00.120] Did you pay your taxes on it on time? [01:12:00.120 --> 01:12:03.720] Did you get all their fundamental little stickers that says that that car is allowed to be on [01:12:03.720 --> 01:12:04.720] the road? [01:12:04.720 --> 01:12:05.720] Oh, you did. [01:12:05.720 --> 01:12:06.720] Okay, great. [01:12:06.720 --> 01:12:09.400] Now, did you get your personal license? [01:12:09.400 --> 01:12:14.160] Did you get that to ensure that it was perfectly legal for you to get in that perfectly legal [01:12:14.160 --> 01:12:17.800] car and get on that road? [01:12:17.800 --> 01:12:23.880] Now, did you also fill it up with gas where you remembered to pay the other taxes to keep [01:12:23.880 --> 01:12:27.780] those roads in good shape but they're actually used, that money's used for other purposes [01:12:27.780 --> 01:12:29.680] and so on and so forth? [01:12:29.680 --> 01:12:33.120] And then when you get down to where you work, they're going to take some more money out [01:12:33.120 --> 01:12:36.840] of your paycheck for taxes and so on and so forth. [01:12:36.840 --> 01:12:40.520] And while you're at work, you have to obey the company policies on what you can say, [01:12:40.520 --> 01:12:44.100] what you can do, how you can dress, who you can talk to, when you can talk to them. [01:12:44.100 --> 01:12:45.920] And so on and so forth. [01:12:45.920 --> 01:12:49.240] You also have to be there between a certain number of hours each and every day or you [01:12:49.240 --> 01:12:51.840] wind up losing your job. [01:12:51.840 --> 01:12:57.080] On your way home, you have to be able to stop and be regulated at every point. [01:12:57.080 --> 01:13:01.160] If an officer wants to pull you over, question you, demand your papers, write your citation [01:13:01.160 --> 01:13:05.040] so he can get extra money from you, you be sure and provide him with all the things necessary [01:13:05.040 --> 01:13:06.040] to do that too. [01:13:06.040 --> 01:13:07.040] All right? [01:13:07.040 --> 01:13:12.840] And it just goes on and on and on. [01:13:12.840 --> 01:13:20.080] Everything you do is taxed or there's a fine or a fee or a license or a permit associated [01:13:20.080 --> 01:13:22.240] with it. [01:13:22.240 --> 01:13:25.280] Every thing. [01:13:25.280 --> 01:13:30.080] And that includes some things that you do inside of your own home. [01:13:30.080 --> 01:13:35.680] For instance, in states where they require you to register your guns if they're, you [01:13:35.680 --> 01:13:41.200] know, you're licensing your gun to the state so that they can come and collect it when [01:13:41.200 --> 01:13:43.840] they want to. [01:13:43.840 --> 01:13:46.400] That's all you're doing. [01:13:46.400 --> 01:13:50.640] But you needed their permission or you broke the law. [01:13:50.640 --> 01:13:53.600] What you did with the gun was illegal. [01:13:53.600 --> 01:13:57.760] It was lawful, but it was illegal. [01:13:57.760 --> 01:13:58.760] Learn the difference, folks. [01:13:58.760 --> 01:13:59.760] All right. [01:13:59.760 --> 01:14:02.040] We got a couple of callers up on the board. [01:14:02.040 --> 01:14:04.160] First one up is Sharon in Texas. [01:14:04.160 --> 01:14:06.400] Sharon, what can we do for you? [01:14:06.400 --> 01:14:12.800] Yes, I'm calling regarding my son a post-criminal trial. [01:14:12.800 --> 01:14:17.640] And during that trial, before the trial, he had requested with numerous letters to the [01:14:17.640 --> 01:14:21.680] judge requesting another court-appointed attorney. [01:14:21.680 --> 01:14:26.680] And I'm just trying to understand why he was not allowed to get another court-appointed [01:14:26.680 --> 01:14:27.760] attorney. [01:14:27.760 --> 01:14:31.280] What is he charged with? [01:14:31.280 --> 01:14:34.100] First degree. [01:14:34.100 --> 01:14:35.760] First degree what? [01:14:35.760 --> 01:14:36.760] Yeah. [01:14:36.760 --> 01:14:37.760] Okay. [01:14:37.760 --> 01:14:43.520] So they're going to try to convict him without an attorney? [01:14:43.520 --> 01:14:51.960] He has an attorney, but the relationship between the attorneys was so distant and so bad that [01:14:51.960 --> 01:14:57.720] the attorney wouldn't go back out there to see him because there were choice words made. [01:14:57.720 --> 01:15:03.640] And he kept writing to the judge talking about how the communication between them was severed [01:15:03.640 --> 01:15:04.640] so bad. [01:15:04.640 --> 01:15:08.080] Okay, who wrote the judge, your son or the attorney? [01:15:08.080 --> 01:15:09.080] The judge. [01:15:09.080 --> 01:15:14.160] I mean, my son did, wrote that he was in jail. [01:15:14.160 --> 01:15:15.960] Okay. [01:15:15.960 --> 01:15:20.000] And she refused to grant him another attorney. [01:15:20.000 --> 01:15:29.240] Well, he, did he file for indigency to get the attorney? [01:15:29.240 --> 01:15:31.240] Yes. [01:15:31.240 --> 01:15:33.560] And the judge denied that? [01:15:33.560 --> 01:15:35.040] Right. [01:15:35.040 --> 01:15:40.680] She denied him getting a court-appointed attorney. [01:15:40.680 --> 01:15:50.000] And because the relationship between the two of them was so bad, they just couldn't communicate [01:15:50.000 --> 01:15:51.760] at all. [01:15:51.760 --> 01:15:56.280] And when we went to court, the DA pretty much had his body in the courtroom. [01:15:56.280 --> 01:15:57.280] Well. [01:15:57.280 --> 01:16:05.760] So he's on, he's on an appeal and we do have an appeal and the appeal attorney didn't find [01:16:05.760 --> 01:16:15.440] any illegal things, but there were probably some frivolous incidents, you know, that could [01:16:15.440 --> 01:16:17.160] be addressed. [01:16:17.160 --> 01:16:23.640] But I don't have the money to pay for an attorney for him to take this back to court, you know, [01:16:23.640 --> 01:16:26.400] on the appeal if it's, if it's heard. [01:16:26.400 --> 01:16:27.400] Yeah. [01:16:27.400 --> 01:16:37.040] Well, the problem is if you, if you've already been stuck for an attorney, then there's not [01:16:37.040 --> 01:16:39.000] going to be a whole lot you can do in that regard. [01:16:39.000 --> 01:16:44.120] You're going to have to deal with the hand you've been dealt so far. [01:16:44.120 --> 01:16:49.520] But you can judicially conduct, complain the judge for depriving them of the right to counsel [01:16:49.520 --> 01:16:52.960] because they better have a good reason for that and they normally don't. [01:16:52.960 --> 01:16:53.960] Hang on, Sharon. [01:16:53.960 --> 01:16:54.960] We're going to take a break. [01:16:54.960 --> 01:16:56.600] We'll cover this on the other side. [01:16:56.600 --> 01:16:57.600] We'll be right back, folks. [01:16:57.600 --> 01:16:58.600] So y'all hang in there. [01:16:58.600 --> 01:17:04.800] At Capital Coin and Bullion, our mission is to be your preferred shopping destination [01:17:04.800 --> 01:17:08.800] by delivering excellent customer service and outstanding value at an affordable price. [01:17:08.800 --> 01:17:13.160] We provide a wide assortment of favorite products featuring a great selection of high quality [01:17:13.160 --> 01:17:14.160] coins and precious metals. 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[01:18:52.920 --> 01:18:58.720] To get your can of My Magic Mud, go to Brave New Books or order it online at mymagicmud.com. [01:18:58.720 --> 01:19:07.720] This is the Logos Radio Network. [01:19:07.720 --> 01:19:14.720] This is the Logos Radio Network and this is the Logos Radio Network. [01:19:37.720 --> 01:19:41.400] All right, folks. [01:19:41.400 --> 01:19:42.400] We are back. [01:19:42.400 --> 01:19:45.720] This is the Logos Radio and we are talking with Sharon in Texas. [01:19:45.720 --> 01:19:46.720] All right, Sharon. [01:19:46.720 --> 01:19:47.720] Yes. [01:19:47.720 --> 01:19:56.960] At the trials, they also brought in extraneous acts and that's pretty much what they hammered [01:19:56.960 --> 01:19:57.960] him on. [01:19:57.960 --> 01:19:58.960] Okay. [01:19:58.960 --> 01:20:00.920] Well, what do you mean by extraneous acts? [01:20:00.920 --> 01:20:07.680] Well, they pulled in every test that he's ever done in his lifetime and hammered in [01:20:07.680 --> 01:20:08.680] that. [01:20:08.680 --> 01:20:13.640] You know, I just was so disturbed by what was done in there. [01:20:13.640 --> 01:20:14.640] Okay. [01:20:14.640 --> 01:20:22.120] The only time they're allowed to do that is if they're trying for a conviction enhancement [01:20:22.120 --> 01:20:24.760] for something he's already been convicted of before. [01:20:24.760 --> 01:20:25.760] Right. [01:20:25.760 --> 01:20:26.760] That's right. [01:20:26.760 --> 01:20:31.120] And had served time for, you know, misdemeanors, you know, and maybe- [01:20:31.120 --> 01:20:32.120] No, no, no. [01:20:32.120 --> 01:20:37.200] It has to be for something that they are actually charging him with right now. [01:20:37.200 --> 01:20:43.320] If they're bringing up prior acts that have nothing to do with the act at hand and cannot [01:20:43.320 --> 01:20:49.400] be used to enhance it, then that's prejudicial and that should have been objected to. [01:20:49.400 --> 01:20:52.520] Well, it wasn't. [01:20:52.520 --> 01:20:53.520] It wasn't. [01:20:53.520 --> 01:20:54.520] That's my concern. [01:20:54.520 --> 01:20:59.680] Then that's why we wanted to get a different attorney because it was allowed to be brought [01:20:59.680 --> 01:21:06.000] up, all kinds of stuff that had nothing to do with the case at hand. [01:21:06.000 --> 01:21:09.680] And yeah, that's definitely an appealable error that should have been raised. [01:21:09.680 --> 01:21:10.680] Yeah. [01:21:10.680 --> 01:21:14.680] And they stuck it big time. [01:21:14.680 --> 01:21:20.040] I've just been so upset that I have to leave the courtroom because I couldn't believe what [01:21:20.040 --> 01:21:21.040] was being said. [01:21:21.040 --> 01:21:25.640] Well, they don't make money by letting you go. [01:21:25.640 --> 01:21:32.080] Oh, well, I just found it rather shocking. [01:21:32.080 --> 01:21:36.480] That was my first experience with a trial and I hope I never have to go to another. [01:21:36.480 --> 01:21:39.600] I never even want to be on one as a juror. [01:21:39.600 --> 01:21:40.600] Yeah. [01:21:40.600 --> 01:21:45.520] What you need to do, if you want to verify all the ways that they messed up to give him [01:21:45.520 --> 01:21:50.640] an appeal and to make the argument that he had ineffective assistance of counsel, you [01:21:50.640 --> 01:21:53.280] need to review the Texas Rules of Evidence. [01:21:53.280 --> 01:21:54.280] Okay. [01:21:54.280 --> 01:21:55.280] Okay. [01:21:55.280 --> 01:22:01.800] And when you look in there, look for prior convictions or things of that nature and you'll [01:22:01.800 --> 01:22:05.440] probably find that it deals only with enhancement. [01:22:05.440 --> 01:22:06.440] Okay. [01:22:06.440 --> 01:22:13.600] All right, I'll do that because this needs to be revisited. [01:22:13.600 --> 01:22:16.840] Well, good luck. [01:22:16.840 --> 01:22:17.840] Thank you so much. [01:22:17.840 --> 01:22:18.840] You're welcome. [01:22:18.840 --> 01:22:19.840] Bye-bye. [01:22:19.840 --> 01:22:20.840] Bye-bye. [01:22:20.840 --> 01:22:21.840] All right. [01:22:21.840 --> 01:22:25.000] Now, we're going to go to Aaron in Texas. [01:22:25.000 --> 01:22:26.480] Aaron, what can we do for you? [01:22:26.480 --> 01:22:27.480] Hey, Eddie. [01:22:27.480 --> 01:22:32.080] I was just going to touch on some of the points you've made earlier. [01:22:32.080 --> 01:22:36.680] One about the, you know, we've got the registration sticker, the inspection sticker in addition [01:22:36.680 --> 01:22:37.680] to the license. [01:22:37.680 --> 01:22:43.120] And secondly, on things such as property tax, it seems that they've taken two rights, first [01:22:43.120 --> 01:22:48.240] being travel and the second being shelter, and turned them not only into privileges but [01:22:48.240 --> 01:22:52.040] privileges that you have to pay for. [01:22:52.040 --> 01:22:54.240] Well, that's correct. [01:22:54.240 --> 01:22:59.400] But the thing about it is, is it's not just a matter of shelter. [01:22:59.400 --> 01:23:05.800] The happiness part of the right to pursue life, liberty and the pursuit of happiness, [01:23:05.800 --> 01:23:10.340] the happiness part has always been ruled by the federal courts and the Supreme Court to [01:23:10.340 --> 01:23:15.400] include the right to acquire, use and dispose of property. [01:23:15.400 --> 01:23:16.400] Right. [01:23:16.400 --> 01:23:18.720] That's part of the pursuit of happiness. [01:23:18.720 --> 01:23:22.720] Well, if that's a right, they can't tax a right. [01:23:22.720 --> 01:23:26.120] They can't attach a fee to a right. [01:23:26.120 --> 01:23:31.960] What they've actually tried to do is to convert everything into a commercial nexus entity [01:23:31.960 --> 01:23:37.520] that they can have taxing and regulatory authority over. [01:23:37.520 --> 01:23:41.040] And that's what we're not stopping, is we're not stopping them from doing it. [01:23:41.040 --> 01:23:42.040] Yeah. [01:23:42.040 --> 01:23:49.560] I've heard a guy, I think, I don't know if he was on Logos, but I know he was on 90.1, [01:23:49.560 --> 01:23:55.280] talking about property tax, if you basically put it back on the tax assessor or the tax [01:23:55.280 --> 01:24:00.920] office and ask them to prove how you're making income from your property so they can tax [01:24:00.920 --> 01:24:06.400] it, you're actually, it's not lawful nor legal, I guess, in the tax code. [01:24:06.400 --> 01:24:07.400] I don't know this. [01:24:07.400 --> 01:24:08.400] I was wondering if you had... [01:24:08.400 --> 01:24:09.400] Yeah. [01:24:09.400 --> 01:24:10.400] That's part of it. [01:24:10.400 --> 01:24:14.160] The other part of it is the fact that they don't do an on-site inspection of the property, [01:24:14.160 --> 01:24:17.600] even if it is commercial, in order to make a valid assessment. [01:24:17.600 --> 01:24:20.440] They're just cooking up numbers out of the blue sky. [01:24:20.440 --> 01:24:27.400] And that's not what the law allows or requires them to do, but it is what they're doing. [01:24:27.400 --> 01:24:32.040] Nobody in government is doing anything in accordance with law, absolutely not the dogcatcher [01:24:32.040 --> 01:24:35.120] clean up to the mayor or the governor. [01:24:35.120 --> 01:24:38.960] Nobody is doing what they're supposed to do in accordance with the law, which is just [01:24:38.960 --> 01:24:39.960] proof positive. [01:24:39.960 --> 01:24:44.000] There's too damn many of them, and they're written too badly for people to even want [01:24:44.000 --> 01:24:47.920] to mess with, including those that they actually bind. [01:24:47.920 --> 01:24:48.920] Right. [01:24:48.920 --> 01:24:56.960] Well, similar to the work that you've done on traffic codes, do you know any good sources [01:24:56.960 --> 01:25:00.240] of information for like tax code, property tax code, et cetera? [01:25:00.240 --> 01:25:06.760] Well, you're talking about them, both codes, the Texas Constitution, all of the prior versions [01:25:06.760 --> 01:25:11.520] of the Texas Constitution, read any and all of that. [01:25:11.520 --> 01:25:17.240] All of that makes it very clear that private property is not taxable, never has been taxable, [01:25:17.240 --> 01:25:23.080] not unless the person voluntarily renders it for the purpose of funding a government [01:25:23.080 --> 01:25:24.080] project. [01:25:24.080 --> 01:25:25.080] Okay. [01:25:25.080 --> 01:25:31.760] So how would you go about like drafting, you know, what would be the procedure to kind [01:25:31.760 --> 01:25:32.760] of... [01:25:32.760 --> 01:25:37.520] That's way more than I can get into on the air any amount of time I got. [01:25:37.520 --> 01:25:38.840] Okay. [01:25:38.840 --> 01:25:46.440] And again, there is no set procedure because there's nothing in the law that gives you [01:25:46.440 --> 01:25:49.800] a procedure for properly contesting what they're doing. [01:25:49.800 --> 01:25:53.880] The only real procedure you have is to sue their butts. [01:25:53.880 --> 01:25:54.880] Okay. [01:25:54.880 --> 01:25:55.880] Cool. [01:25:55.880 --> 01:25:56.880] Yeah. [01:25:56.880 --> 01:25:57.880] Just, I think... [01:25:57.880 --> 01:25:58.880] Yeah. [01:25:58.880 --> 01:26:02.040] Well, I love the show, and thanks for all the work that you guys are doing because you [01:26:02.040 --> 01:26:07.960] really opened up people's eyes and kind of reminded us that we need to, you know, understand [01:26:07.960 --> 01:26:08.960] the law. [01:26:08.960 --> 01:26:09.960] Well, appreciate it. [01:26:09.960 --> 01:26:10.960] Kudos. [01:26:10.960 --> 01:26:11.960] Cool. [01:26:11.960 --> 01:26:12.960] Thanks, y'all. [01:26:12.960 --> 01:26:13.960] All right. [01:26:13.960 --> 01:26:14.960] Bye. [01:26:14.960 --> 01:26:15.960] Bye. [01:26:15.960 --> 01:26:16.960] All right. [01:26:16.960 --> 01:26:18.960] Now we're going to go to Kenneth in Michigan. [01:26:18.960 --> 01:26:19.960] Kenneth? [01:26:19.960 --> 01:26:20.960] Yeah. [01:26:20.960 --> 01:26:21.960] Eddie. [01:26:21.960 --> 01:26:22.960] Yes, sir. [01:26:22.960 --> 01:26:23.960] Hey, thanks for having me on. [01:26:23.960 --> 01:26:24.960] Sure. [01:26:24.960 --> 01:26:25.960] I have a question for you. [01:26:25.960 --> 01:26:26.960] Okay. [01:26:26.960 --> 01:26:37.680] I have received a citation about a month ago for not having a plate on my personal car [01:26:37.680 --> 01:26:44.400] while I was exercising my right to travel. [01:26:44.400 --> 01:26:53.080] Long story short, went through the whole traffic spew there, took it to court, challenged the [01:26:53.080 --> 01:26:54.080] jurisdiction. [01:26:54.080 --> 01:26:56.360] They failed to prove jurisdiction on the record. [01:26:56.360 --> 01:27:02.760] So now I'm trying to set up for my appeal. [01:27:02.760 --> 01:27:08.480] My question is, is there a difference between a claim of appeal and a notice of appeal? [01:27:08.480 --> 01:27:14.440] Well, I don't know what you mean by a difference. [01:27:14.440 --> 01:27:20.280] The word claim and the word notice, there's definitely a difference in those two. [01:27:20.280 --> 01:27:25.900] But now in relation to the procedure you're about to try to undertake here, whatever that [01:27:25.900 --> 01:27:28.880] may actually be, I don't know. [01:27:28.880 --> 01:27:29.880] Right. [01:27:29.880 --> 01:27:38.640] Well, I'm trying to file a notice of appeal to the district court before I can go to the [01:27:38.640 --> 01:27:39.640] circuit court. [01:27:39.640 --> 01:27:46.320] Well, a notice of appeal simply tells the trial court that you intend to exercise your [01:27:46.320 --> 01:27:48.280] right of appeal. [01:27:48.280 --> 01:27:49.280] Okay? [01:27:49.280 --> 01:27:50.280] Yep. [01:27:50.280 --> 01:27:57.120] Whereas after that, here in Texas, they call it an appeal brief. [01:27:57.120 --> 01:28:01.080] You have to file two things with the trial court, notice of appeal and a motion for new [01:28:01.080 --> 01:28:03.460] trial and not in that order. [01:28:03.460 --> 01:28:10.560] You file the motion for new trial first and then technically if they're going to follow [01:28:10.560 --> 01:28:18.820] due process, they have to reply and deny the motion for new trial and then you send in [01:28:18.820 --> 01:28:20.840] your notice of appeal. [01:28:20.840 --> 01:28:23.260] But sometimes they don't do it that way here. [01:28:23.260 --> 01:28:30.400] They actually have you do both of them at the same time even though that's not proper. [01:28:30.400 --> 01:28:36.720] And then once you take the appeal up, you file an appeal brief. [01:28:36.720 --> 01:28:43.560] It's not filed anything I've ever seen saying a claim or anything like that. [01:28:43.560 --> 01:28:49.800] But then again, I don't know from what era that might actually be applicable if it was [01:28:49.800 --> 01:28:51.280] ever applicable. [01:28:51.280 --> 01:28:53.960] It's not something I'm familiar with. [01:28:53.960 --> 01:28:54.960] Okay. [01:28:54.960 --> 01:29:06.080] Yeah, just a little stump because under the Michigan court rules that I downloaded, I [01:29:06.080 --> 01:29:11.360] guess I was just having a little brain fart of what the difference would be of the claim [01:29:11.360 --> 01:29:13.640] of the appeal to the notice. [01:29:13.640 --> 01:29:20.600] Well, if all you're doing, depending upon how they're defining claim, you are noticing [01:29:20.600 --> 01:29:25.560] the trial court of your intent to appeal and then you would, depending upon which court [01:29:25.560 --> 01:29:29.000] you file it in, you are claiming your appeal. [01:29:29.000 --> 01:29:35.120] Now if it was logical, the claim would be filed in the court to which your appeal is [01:29:35.120 --> 01:29:37.080] to go. [01:29:37.080 --> 01:29:42.120] You're claiming your right of appeal because you already noticed the other courts you were [01:29:42.120 --> 01:29:43.560] going to do that. [01:29:43.560 --> 01:29:45.720] That would be if it's logical. [01:29:45.720 --> 01:29:47.960] Whether or not that's proper in Michigan, I don't know. [01:29:47.960 --> 01:29:50.880] You're going to have to check the statutes. [01:29:50.880 --> 01:29:51.880] Okay. [01:29:51.880 --> 01:29:52.880] All right. [01:29:52.880 --> 01:29:53.880] All right. [01:29:53.880 --> 01:29:54.880] So hang on just a second. [01:29:54.880 --> 01:29:55.880] We're going to take a break. [01:29:55.880 --> 01:29:56.880] We'll be right back. [01:29:56.880 --> 01:30:07.520] And now for the ultimate conversation killer, a speech jamming gun that silences people [01:30:07.520 --> 01:30:08.520] in mid-sentence. [01:30:08.520 --> 01:30:13.840] I'm Dr. Catherine Albrecht back with details on a device that shuts people up by freezing [01:30:13.840 --> 01:30:16.280] their brains next. [01:30:16.280 --> 01:30:18.020] Privacy is under attack. [01:30:18.020 --> 01:30:21.620] When you give up data about yourself, you'll never get it back again. [01:30:21.620 --> 01:30:26.600] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:26.600 --> 01:30:28.120] So protect your rights. [01:30:28.120 --> 01:30:31.720] Say no to surveillance and keep your information to yourself. [01:30:31.720 --> 01:30:34.380] Privacy, it's worth hanging on to. [01:30:34.380 --> 01:30:40.000] This message is brought to you by StartPage.com, the private search engine alternative to Google, [01:30:40.000 --> 01:30:41.720] Yahoo and Bing. [01:30:41.720 --> 01:30:45.880] Start over with StartPage. [01:30:45.880 --> 01:30:51.160] Privacy may be golden, but scientists in Japan are taking quietude to a new low with a speech [01:30:51.160 --> 01:30:54.400] jamming gun that shuts people up in mid-sentence. [01:30:54.400 --> 01:30:58.880] The speech jammer works by recording a person's speech and firing their words back at them [01:30:58.880 --> 01:31:00.600] with a brief delay. [01:31:00.600 --> 01:31:04.560] It's painless, but the delayed sound of their own voice disturbs their cognitive process [01:31:04.560 --> 01:31:08.520] and makes them stutter before going completely silent. [01:31:08.520 --> 01:31:13.200] According to its inventors, the jammer is the perfect tool to restore order to unruly [01:31:13.200 --> 01:31:17.960] classrooms or noisy libraries and to put the brakes on chronic interrupters. [01:31:17.960 --> 01:31:22.680] Of course, the problem is one man's interruption is another man's free speech. [01:31:22.680 --> 01:31:31.520] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine. [01:31:31.520 --> 01:31:36.880] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th. 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[01:33:37.160 --> 01:33:59.280] All right, folks, we are back. [01:33:59.280 --> 01:34:01.440] This is Rule of Law Radio. [01:34:01.440 --> 01:34:05.480] All right, we are talking to Kenneth in Michigan. [01:34:05.480 --> 01:34:09.760] All right, Kenneth, go ahead. [01:34:09.760 --> 01:34:18.560] So I should file my Notice of Appeal with the District Court. [01:34:18.560 --> 01:34:23.400] I tried filing my Notice of Appeal with the District Court, and they wanted nothing to [01:34:23.400 --> 01:34:24.400] do with it. [01:34:24.400 --> 01:34:30.040] They just tried chewing me away, and they sent me over to the Circuit Court. [01:34:30.040 --> 01:34:35.520] Well, where does the statute tell you to file it? [01:34:35.520 --> 01:34:42.960] Coming from the court you were in, what court has appellate jurisdiction from the court [01:34:42.960 --> 01:34:45.720] that you were in? [01:34:45.720 --> 01:34:46.720] Circuit Court. [01:34:46.720 --> 01:34:50.560] Okay, then that's why you can't file it in the District Court. [01:34:50.560 --> 01:34:57.920] But as to my understanding through all this, I had to give notice to the District Court [01:34:57.920 --> 01:34:59.840] letting them know that I was going to appeal it. [01:34:59.840 --> 01:35:04.520] How would you have to give notice to a court that does not have jurisdiction of the case [01:35:04.520 --> 01:35:08.120] you're appealing? [01:35:08.120 --> 01:35:10.560] Where did you get that idea? [01:35:10.560 --> 01:35:16.680] Well, it's just stuff that I've been reading. [01:35:16.680 --> 01:35:20.320] Okay, reading from where? [01:35:20.320 --> 01:35:24.160] Through some of our MCR rules. [01:35:24.160 --> 01:35:31.160] It's very complicated for me to read, so that's why I'm calling and asking you. [01:35:31.160 --> 01:35:34.200] But I got fines on top of this. [01:35:34.200 --> 01:35:37.760] So I didn't know if I had to give them the notice. [01:35:37.760 --> 01:35:38.760] So that way... [01:35:38.760 --> 01:35:43.960] You have to give, like I said, logically, you have to give notice to the court that [01:35:43.960 --> 01:35:46.280] has appellate jurisdiction. [01:35:46.280 --> 01:35:51.840] And if what you told me is correct, that's the Circuit Court, not the District Court, [01:35:51.840 --> 01:35:55.680] which is why they want nothing to do with it. [01:35:55.680 --> 01:35:56.680] Okay. [01:35:56.680 --> 01:35:57.680] All right. [01:35:57.680 --> 01:35:58.680] It makes sense. [01:35:58.680 --> 01:35:59.680] It really does. [01:35:59.680 --> 01:36:04.680] I just wanted to cover myself on that. [01:36:04.680 --> 01:36:12.200] Well, the best way you're going to cover yourself is to read the rules on how the appeals process [01:36:12.200 --> 01:36:17.240] flows from where you were to where you're going next. [01:36:17.240 --> 01:36:18.960] Because I don't live in Michigan. [01:36:18.960 --> 01:36:22.720] I haven't studied Michigan law well enough to sit here and tell you, yeah, this is how [01:36:22.720 --> 01:36:24.280] it works in Michigan. [01:36:24.280 --> 01:36:27.600] You're going to have to find that out. [01:36:27.600 --> 01:36:31.960] Well, I understand that. [01:36:31.960 --> 01:36:39.400] It's just I got a little confused because they're saying that I had to give notice to [01:36:39.400 --> 01:36:42.440] the court where the judgment was entered. [01:36:42.440 --> 01:36:45.400] Well, that's the trial court. [01:36:45.400 --> 01:36:50.040] You give them notice of your intent to appeal. [01:36:50.040 --> 01:36:54.520] Then you claim the right of appeal at the Circuit Court. [01:36:54.520 --> 01:36:55.520] Okay. [01:36:55.520 --> 01:36:57.520] All right. [01:36:57.520 --> 01:36:58.520] Okay. [01:36:58.520 --> 01:36:59.520] Yep. [01:36:59.520 --> 01:37:08.600] Another question for you here, would it be wise for me to send by mail a notice of appeal [01:37:08.600 --> 01:37:13.680] to the judge and the prosecuting attorney? [01:37:13.680 --> 01:37:15.680] Of which court? [01:37:15.680 --> 01:37:17.840] Of the district court? [01:37:17.840 --> 01:37:22.400] No, the district court doesn't have jurisdiction. [01:37:22.400 --> 01:37:26.680] Why do you keep trying to go to the district court? [01:37:26.680 --> 01:37:30.440] All right. [01:37:30.440 --> 01:37:31.440] I don't know. [01:37:31.440 --> 01:37:32.440] I'm just... [01:37:32.440 --> 01:37:39.320] I guess my thought... [01:37:39.320 --> 01:37:47.760] Your notice of appeal goes to the trial court, the court you're coming from. [01:37:47.760 --> 01:37:51.760] Got it? [01:37:51.760 --> 01:37:52.760] I got it. [01:37:52.760 --> 01:37:53.760] Okay. [01:37:53.760 --> 01:37:54.760] I got it. [01:37:54.760 --> 01:37:55.760] Anything else? [01:37:55.760 --> 01:38:08.240] Well, another thing is that when I was filing some of my stuff before my bench trial, I [01:38:08.240 --> 01:38:13.440] had demanded a trial by jury. [01:38:13.440 --> 01:38:21.560] Of course, the judge denied that because she said that it was a civil case, but everything [01:38:21.560 --> 01:38:25.280] that I've been getting is leading to criminal. [01:38:25.280 --> 01:38:33.360] I'm getting timestamps and that's the true copies from a criminal court. [01:38:33.360 --> 01:38:36.000] Is that something that I can put in my appeal? [01:38:36.000 --> 01:38:37.000] Okay. [01:38:37.000 --> 01:38:42.280] Do you not look to see how these cases are classified in Michigan? [01:38:42.280 --> 01:38:45.760] They're wishy-washy. [01:38:45.760 --> 01:38:48.440] They go from civil to criminal. [01:38:48.440 --> 01:38:50.640] Well, they can't mix the two. [01:38:50.640 --> 01:38:55.000] Despite what they want you to believe, they can't mix the two. [01:38:55.000 --> 01:38:57.720] Okay? [01:38:57.720 --> 01:39:03.620] There's no such thing as quasi-criminal jurisdiction. [01:39:03.620 --> 01:39:12.800] And anywhere in statute or your state constitution where the word quasi exists in relation to [01:39:12.800 --> 01:39:22.720] anything, much less criminal jurisdiction. [01:39:22.720 --> 01:39:29.560] So it's one or it's the other, but it can't be both. [01:39:29.560 --> 01:39:35.520] Well, I understand that. [01:39:35.520 --> 01:39:44.440] It's just to my understanding, they were wanting to go at this as a criminal act. [01:39:44.440 --> 01:39:48.720] Where did you get the understanding you're operating on, Kenneth? [01:39:48.720 --> 01:39:53.040] It was through the Michigan-complied laws. [01:39:53.040 --> 01:39:54.040] Compiled laws? [01:39:54.040 --> 01:39:55.040] Yep. [01:39:55.040 --> 01:39:56.040] Okay. [01:39:56.040 --> 01:40:06.520] And it was stating that anybody that doesn't have a person who operates a vehicle license [01:40:06.520 --> 01:40:12.880] under the international registration plan and doesn't have a valid registration is guilty [01:40:12.880 --> 01:40:16.880] of a misdemeanor punishable by imprisonment for not more than 90 days. [01:40:16.880 --> 01:40:21.800] Well, if it's punishable by imprisonment, it's not civil, is it? [01:40:21.800 --> 01:40:22.800] Right. [01:40:22.800 --> 01:40:23.800] Right. [01:40:23.800 --> 01:40:30.680] So that was my question is that, is this something that I want to use in my appeal? [01:40:30.680 --> 01:40:35.960] Because I demanded a trial by jury because I knew that they were acting, they were treating... [01:40:35.960 --> 01:40:42.840] Well, first you need to verify what type of case it is. [01:40:42.840 --> 01:40:47.680] Is it civil or is it criminal? [01:40:47.680 --> 01:40:55.200] But regardless, you have the right to a jury trial, even in a civil case, if the amount [01:40:55.200 --> 01:40:57.440] at issue exceeds $20. [01:40:57.440 --> 01:40:58.440] Right. [01:40:58.440 --> 01:40:59.440] Yep. [01:40:59.440 --> 01:41:02.040] That's why I did the demand. [01:41:02.040 --> 01:41:03.040] Okay. [01:41:03.040 --> 01:41:09.480] So, yeah, that's an appealable error if the judge denied you a jury trial. [01:41:09.480 --> 01:41:11.080] Okay. [01:41:11.080 --> 01:41:18.080] Well, the reason why I was asking this is because I've set this all up for the appeal [01:41:18.080 --> 01:41:23.520] because I knew that they weren't going to approve jurisdiction on the record. [01:41:23.520 --> 01:41:29.320] I just didn't know if I should be adding more stuff in there along with the appeal for... [01:41:29.320 --> 01:41:35.160] Well, that depends on what did the other side ever file in the case. [01:41:35.160 --> 01:41:41.040] As far as what? [01:41:41.040 --> 01:41:42.360] Anything. [01:41:42.360 --> 01:41:47.760] What documents did the other side ever file in the case? [01:41:47.760 --> 01:41:49.480] Just the ticket. [01:41:49.480 --> 01:41:50.840] Just the ticket. [01:41:50.840 --> 01:42:02.800] So, no one made any claim in a civil case of a breach of contract. [01:42:02.800 --> 01:42:10.560] And no one ever filed any pleadings alleging a contract existed or that you had violated [01:42:10.560 --> 01:42:14.240] the terms of that contract to which you were a party. [01:42:14.240 --> 01:42:16.240] Is this what I'm hearing? [01:42:16.240 --> 01:42:17.240] Yep. [01:42:17.240 --> 01:42:18.240] Okay. [01:42:18.240 --> 01:42:21.200] And you didn't move for summary judgment. [01:42:21.200 --> 01:42:22.200] Why? [01:42:22.200 --> 01:42:27.960] What do you mean by moving for summary judgment? [01:42:27.960 --> 01:42:34.520] Well, if the state didn't prove these things at trial, then state failed to prove its case. [01:42:34.520 --> 01:42:38.680] If state failed to prove its case, you're entitled to summary judgment in favor of the [01:42:38.680 --> 01:42:39.680] defense. [01:42:39.680 --> 01:42:40.680] Right. [01:42:40.680 --> 01:42:48.040] Well, during the bench trial, I did move the courts to dismiss the case for failing to [01:42:48.040 --> 01:42:51.120] prove jurisdiction on the record. [01:42:51.120 --> 01:42:57.040] Well, rather than challenging just jurisdiction, you should have also been challenging standing [01:42:57.040 --> 01:42:59.760] of the other party. [01:42:59.760 --> 01:43:04.560] All of this goes to lack of standing on part of the other party. [01:43:04.560 --> 01:43:06.520] Okay. [01:43:06.520 --> 01:43:14.720] Now, if one party does not have standing to bring a suit, then the court automatically [01:43:14.720 --> 01:43:19.600] lacks subject matter jurisdiction. [01:43:19.600 --> 01:43:29.960] Now, lucky for you, that jurisdiction is appealable at any point. [01:43:29.960 --> 01:43:35.080] Just because you didn't raise it at trial does not prohibit you from raising it on appeal. [01:43:35.080 --> 01:43:41.960] So, you better start doing your research for Michigan lack of jurisdiction and lack of [01:43:41.960 --> 01:43:42.960] standing. [01:43:42.960 --> 01:43:43.960] Okay. [01:43:43.960 --> 01:43:44.960] Okay. [01:43:44.960 --> 01:43:45.960] Yes. [01:43:45.960 --> 01:43:46.960] Yes, I will. [01:43:46.960 --> 01:43:47.960] All right. [01:43:47.960 --> 01:43:48.960] All right. [01:43:48.960 --> 01:43:51.440] Now, I got another caller in the next segment, so I'm going to let you go, Kenneth. [01:43:51.440 --> 01:43:52.440] All right. [01:43:52.440 --> 01:43:53.440] All right. [01:43:53.440 --> 01:43:54.440] You have a good night. [01:43:54.440 --> 01:43:55.440] Thanks for calling. [01:43:55.440 --> 01:43:56.440] All right, folks. [01:43:56.440 --> 01:43:57.440] This is Rule of Law Radio. [01:43:57.440 --> 01:44:00.320] We will be right back. [01:44:00.320 --> 01:44:03.800] You feel tired when talking about important topics like money and politics? [01:44:03.800 --> 01:44:04.800] Sorry. [01:44:04.800 --> 01:44:07.640] I'm confused by words like the Constitution or the Federal Reserve. [01:44:07.640 --> 01:44:08.640] What? [01:44:08.640 --> 01:44:12.400] If so, you may be diagnosed with the deadliest disease known today, stupidity. [01:44:12.400 --> 01:44:18.040] Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity [01:44:18.040 --> 01:44:19.240] at an early age. [01:44:19.240 --> 01:44:23.240] I had no idea that the number one cause of the disease is found in almost every home [01:44:23.240 --> 01:44:25.240] in America, the television. [01:44:25.240 --> 01:44:30.360] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope. 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[01:45:44.080 --> 01:45:50.240] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:50.240 --> 01:45:52.520] pro se tactics, and much more. [01:45:52.520 --> 01:46:00.560] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [01:46:22.520 --> 01:46:26.160] All right, folks, we are back. [01:46:26.160 --> 01:46:28.040] This is Rule of Law Radio. [01:46:28.040 --> 01:46:29.040] All right. [01:46:29.040 --> 01:46:30.040] Let's see. [01:46:30.040 --> 01:46:33.520] I don't know who this caller is. [01:46:33.520 --> 01:46:35.680] Air code 702. [01:46:35.680 --> 01:46:36.680] Who do we got there? [01:46:36.680 --> 01:46:37.680] Hi. [01:46:37.680 --> 01:46:38.680] My name's Steve. [01:46:38.680 --> 01:46:39.680] Hi, Steve. [01:46:39.680 --> 01:46:40.680] What can we do for you? [01:46:40.680 --> 01:46:41.680] I'm calling you back. [01:46:41.680 --> 01:46:48.600] I'm a guy from Vegas that had a ticket. [01:46:48.600 --> 01:46:56.280] I went in today to file an affidavit, and I ended up with a hearing before the magistrate, [01:46:56.280 --> 01:47:04.360] and the first thing I did was file the affidavit, and she asked me, how do I plea, to which [01:47:04.360 --> 01:47:05.360] I refused to plea. [01:47:05.360 --> 01:47:11.200] I said, I just gave you the affidavit, reserving my rights. [01:47:11.200 --> 01:47:20.840] She went ahead and scheduled a hearing coming up about 45 days out or so, and... [01:47:20.840 --> 01:47:21.840] Hearing for? [01:47:21.840 --> 01:47:22.840] That's what I asked. [01:47:22.840 --> 01:47:32.360] I said, this is my preliminary hearing, and she told me that those are only for felony [01:47:32.360 --> 01:47:40.720] charges, to which I replied that, you know, the statutes say differently, and so she scheduled [01:47:40.720 --> 01:47:49.960] the preliminary hearing, and said my witness would be there, so... [01:47:49.960 --> 01:47:59.440] And then after that, it was kind of funny to see how her mood changed. [01:47:59.440 --> 01:48:02.760] She was fairly friendly at front, and then... [01:48:02.760 --> 01:48:04.940] Okay, Steve, talk into your phone. [01:48:04.940 --> 01:48:06.560] You keep fading out. [01:48:06.560 --> 01:48:07.560] I'm sorry. [01:48:07.560 --> 01:48:16.400] It was kind of funny to see how her mood changed, you know, when I didn't let her just run me [01:48:16.400 --> 01:48:27.400] through the grinder there, but I have a preliminary hearing coming up, and after that, then I went [01:48:27.400 --> 01:48:35.000] ahead and I also had a complaint that I wanted to file against the officer for basically [01:48:35.000 --> 01:48:45.040] citing a fraudulent ticket, issuing a fraudulent citation, and she tried to tell me that they [01:48:45.040 --> 01:48:54.720] don't accept those, to which I kind of reminded her of her duties as a magistrate, and she [01:48:54.720 --> 01:48:57.720] did take that, so... [01:48:57.720 --> 01:49:04.720] It was kind of empowering, I think, you know, I guess having some idea. [01:49:04.720 --> 01:49:08.880] But now I'm going ahead here. [01:49:08.880 --> 01:49:16.920] I guess I have to do some research on preliminary hearings and seeing where to go next. [01:49:16.920 --> 01:49:21.120] Well, sounds like you're doing good so far. [01:49:21.120 --> 01:49:28.160] Yeah, so any ideas on or anything I should... [01:49:28.160 --> 01:49:31.480] What exactly is supposed to take place at this preliminary hearing? [01:49:31.480 --> 01:49:35.680] Well, that's the probable cause hearing. [01:49:35.680 --> 01:49:44.640] So I'm supposed to face my witness against me, and that's when I'd be, I guess, bound [01:49:44.640 --> 01:49:47.720] over for court or whatnot. [01:49:47.720 --> 01:49:51.560] Yeah, if they find probable cause. [01:49:51.560 --> 01:49:57.480] Now you said you had a witness adverse to their case? [01:49:57.480 --> 01:50:02.480] No, no, the officer would actually be the witness. [01:50:02.480 --> 01:50:07.280] Honestly, I'm hoping he doesn't show. [01:50:07.280 --> 01:50:14.720] Okay, well, if he does not show, don't forget to request a dismissal for lack of evidence. [01:50:14.720 --> 01:50:18.880] Okay, that's what I would say, for lack of evidence. [01:50:18.880 --> 01:50:20.160] Yeah, there is no... [01:50:20.160 --> 01:50:21.160] There's no... [01:50:21.160 --> 01:50:26.600] How can you find probable cause when there's no evidence submitted to you? [01:50:26.600 --> 01:50:33.360] And I've not been given a chance to determine any admissibility of evidence or testimony. [01:50:33.360 --> 01:50:36.120] So flex your rights. [01:50:36.120 --> 01:50:37.440] Okay. [01:50:37.440 --> 01:50:42.960] And is there anything else? [01:50:42.960 --> 01:50:43.960] What I was... [01:50:43.960 --> 01:50:54.800] Honestly, what I was thinking of doing is challenging the judge's standing, basically, [01:50:54.800 --> 01:51:01.000] but the argument that, you know, how did this witness show up against me and to state that [01:51:01.000 --> 01:51:05.800] the judge is basically working for the prosecution because they're the ones who contacted him [01:51:05.800 --> 01:51:06.800] to... [01:51:06.800 --> 01:51:09.000] Well, but how do you know that? [01:51:09.000 --> 01:51:10.320] Well, that's... [01:51:10.320 --> 01:51:16.520] Actually, I plan on putting in a phone call or so to the court. [01:51:16.520 --> 01:51:20.920] That phone call is not admissible. [01:51:20.920 --> 01:51:22.920] Okay. [01:51:22.920 --> 01:51:30.280] Now, you can testify you made one, but it's just a matter of whether or not anybody believes [01:51:30.280 --> 01:51:31.280] you. [01:51:31.280 --> 01:51:32.280] Okay. [01:51:32.280 --> 01:51:38.920] Yes, I believe I can testify on my own. [01:51:38.920 --> 01:51:41.480] Now, you can testify. [01:51:41.480 --> 01:51:49.720] There's no question you can testify, but I'm still trying to figure out what it is exactly [01:51:49.720 --> 01:51:53.520] you're going this route for. [01:51:53.520 --> 01:52:02.320] What is it you're expecting the officer to do for you? [01:52:02.320 --> 01:52:09.480] Probably nothing, but I literally, I just thought, I don't know, the odds are better [01:52:09.480 --> 01:52:12.680] with them having to show up twice, but he's not going to make it. [01:52:12.680 --> 01:52:13.680] Okay. [01:52:13.680 --> 01:52:15.440] That is no reason to do this. [01:52:15.440 --> 01:52:18.040] Let me explain something to you here. [01:52:18.040 --> 01:52:19.600] Okay. [01:52:19.600 --> 01:52:29.060] Every single time you do something without a clue how, why, or if it should be done, [01:52:29.060 --> 01:52:34.280] you make it that much harder for the next person behind you to exercise their rights [01:52:34.280 --> 01:52:37.200] properly even if they know what they're doing. [01:52:37.200 --> 01:52:42.600] See, the reason the judge told you the things that she told you was because they're so used [01:52:42.600 --> 01:52:47.280] to pro-says not knowing what the hell they're doing that they wouldn't know any better. [01:52:47.280 --> 01:52:51.480] Now you've raised the issue that I know I'm entitled to it, but now you're going to go [01:52:51.480 --> 01:52:55.080] in and display the fact that even though you've got it, you don't have a clue what to do with [01:52:55.080 --> 01:52:56.560] it. [01:52:56.560 --> 01:53:01.920] See, the problem that creates all the way around, not just for you, but everybody that [01:53:01.920 --> 01:53:04.520] comes behind you. [01:53:04.520 --> 01:53:12.480] So, at the hearing, how should I approach it, just basically? [01:53:12.480 --> 01:53:14.880] Well, first off, I don't know what you've been charged with. [01:53:14.880 --> 01:53:15.880] You haven't said. [01:53:15.880 --> 01:53:16.880] I'm sorry. [01:53:16.880 --> 01:53:19.560] It was just a speeding ticket. [01:53:19.560 --> 01:53:20.560] Okay. [01:53:20.560 --> 01:53:23.720] I'm fairly happy with you on that. [01:53:23.720 --> 01:53:24.720] Which state is this in? [01:53:24.720 --> 01:53:26.640] This is in Nevada. [01:53:26.640 --> 01:53:32.040] In Nevada, okay. [01:53:32.040 --> 01:53:42.120] What have you learned about the traffic citations in Nevada as far as who they apply to? [01:53:42.120 --> 01:53:45.900] We have it a little differently here where we don't have a transportation code. [01:53:45.900 --> 01:53:49.320] We have what are called traffic laws generally. [01:53:49.320 --> 01:53:57.880] So, basically, I ended up, I had your affidavit, you provided it to me a few weeks ago, and [01:53:57.880 --> 01:54:04.840] I adjusted that accordingly, stating that the traffic laws don't apply to... [01:54:04.840 --> 01:54:05.840] Okay. [01:54:05.840 --> 01:54:09.040] But again, how much studying of the traffic laws have you done? [01:54:09.040 --> 01:54:13.640] A fair bit, quite a bit, actually. [01:54:13.640 --> 01:54:14.640] Okay. [01:54:14.640 --> 01:54:22.200] So, where do you draw the nexus between, which we know would exist, my question to you is [01:54:22.200 --> 01:54:30.800] where did you find it and how are you going to argue it, between the traffic laws and [01:54:30.800 --> 01:54:38.920] commercial activity? [01:54:38.920 --> 01:54:45.360] They have the same, we have a lot of the same duplicate definitions, I believe you refer [01:54:45.360 --> 01:54:55.500] to them as, where there's the motor vehicle defined, vehicle defined, traffic is never [01:54:55.500 --> 01:55:00.240] defined in the statutes. [01:55:00.240 --> 01:55:09.520] In yours, it's defined in ours, transportation isn't, but traffic is. [01:55:09.520 --> 01:55:10.760] Okay. [01:55:10.760 --> 01:55:17.080] I don't believe the traffic is defined in ours. [01:55:17.080 --> 01:55:19.080] Okay. [01:55:19.080 --> 01:55:26.240] So I guess I'm not sure. [01:55:26.240 --> 01:55:37.120] The nexus for Texas, then, is that just the word transportation doesn't apply or? [01:55:37.120 --> 01:55:46.400] The nexus, it's a transportation code in Texas, but the definitions also say transport or [01:55:46.400 --> 01:55:50.240] transportation of on a highway. [01:55:50.240 --> 01:55:56.040] Well, all those are from transportation. [01:55:56.040 --> 01:56:00.140] So what is the definition of transportation? [01:56:00.140 --> 01:56:02.680] What is the intended purpose of the code to regulate? [01:56:02.680 --> 01:56:04.160] What activity? [01:56:04.160 --> 01:56:10.520] Well, the only thing that leaves us is what? [01:56:10.520 --> 01:56:11.520] Licensable drivers. [01:56:11.520 --> 01:56:17.280] Well, when we look up the definition of transportation, it's not defined in the code, so we have to [01:56:17.280 --> 01:56:18.760] go find it. [01:56:18.760 --> 01:56:20.760] The next in the line of the hierarchy is what? [01:56:20.760 --> 01:56:25.800] A legal dictionary, which has the case law that defines it. [01:56:25.800 --> 01:56:35.560] We look there, and we find out that transportation and transporting actually means commerce. [01:56:35.560 --> 01:56:36.560] See how that works? [01:56:36.560 --> 01:56:37.560] Yeah. [01:56:37.560 --> 01:56:45.040] When you look up traffic, I believe it also is referring to commerce in the legal dictionary. [01:56:45.040 --> 01:56:48.880] It's referring to goods. [01:56:48.880 --> 01:56:54.200] Well, yeah, it is, but normally you are correct. [01:56:54.200 --> 01:57:09.800] Traffic also means commerce, but again, you need to make darn sure that what you're looking [01:57:09.800 --> 01:57:20.960] at is not defined in your statute, and if it is, get that first. [01:57:20.960 --> 01:57:26.200] Now what chapter is your traffic laws in? [01:57:26.200 --> 01:57:30.640] Chapter 484. [01:57:30.640 --> 01:57:31.640] Chapter 484? [01:57:31.640 --> 01:57:32.640] Yes. [01:57:32.640 --> 01:57:36.680] All right. [01:57:36.680 --> 01:57:50.200] Traffic laws, traffic laws generally, definitions. [01:57:50.200 --> 01:57:51.640] Traffic defines. [01:57:51.640 --> 01:57:55.960] Traffic means pedestrian, ridden or hurted animals, vehicles, and other conveyances either [01:57:55.960 --> 01:57:59.640] singly or together using any highway for purpose of travel. [01:57:59.640 --> 01:58:00.640] NRS 484A.285. [01:58:00.640 --> 01:58:01.640] See? [01:58:01.640 --> 01:58:02.640] You need to read better. [01:58:02.640 --> 01:58:03.640] Yeah. [01:58:03.640 --> 01:58:12.560] I think what I thought there was that it was the vehicle's part, but... [01:58:12.560 --> 01:58:13.560] Okay. [01:58:13.560 --> 01:58:14.560] Well, what's the definition of vehicle? [01:58:14.560 --> 01:58:17.280] Again, you've got to tie all these together. [01:58:17.280 --> 01:58:18.280] All right. [01:58:18.280 --> 01:58:25.800] So when you look down here, any person or property is or may be transported on a highway. [01:58:25.800 --> 01:58:27.240] That's the definition of vehicle. [01:58:27.240 --> 01:58:28.240] See how that works? [01:58:28.240 --> 01:58:29.240] All right. [01:58:29.240 --> 01:58:30.240] Steve, I got to go. [01:58:30.240 --> 01:58:31.240] All right. [01:58:31.240 --> 01:58:32.240] Thank you. [01:58:32.240 --> 01:58:33.240] All right, folks. [01:58:33.240 --> 01:58:34.240] Steve, thanks for calling in. [01:58:34.240 --> 01:58:35.240] Sorry to cut you off. [01:58:35.240 --> 01:58:38.680] Folks, this has been Rule of Law Radio, the Monday Night Traffic Show, and I have been [01:58:38.680 --> 01:58:40.000] your host, Eddie Craig. [01:58:40.000 --> 01:58:42.640] Thank you all so much for listening and for calling in. [01:58:42.640 --> 01:58:46.520] Y'all have a blessed week, and I will see you next Monday. [01:58:46.520 --> 01:58:49.520] Y'all take care, and God bless.