[00:00.000 --> 00:07.040] If you're listening to the Liberty Beat, your daily source for Liberty news and activist [00:07.040 --> 00:09.240] updates, online at thelibertybeat.com. [00:09.240 --> 00:20.120] This is Justin Armand with your Liberty Beat for June 23rd, 2014. [00:20.120 --> 00:28.080] Gold opens today at $1,318, silver at $20.89, and Bitcoin is trading at $588. [00:28.080 --> 00:31.080] Support for the Liberty Beat comes from the notorious activist Michael Cargill. [00:31.080 --> 00:37.160] He has a new show called Come and Talk It, live Sunday afternoon, 4 p.m., on 1370 a.m. [00:37.160 --> 00:38.160] in Austin. [00:38.160 --> 00:42.280] That's 1370 a.m. on Sunday at 4 p.m. [00:42.280 --> 00:46.560] Support comes from My Magic Mud, an all-natural teeth whitening and strengthening remedy. [00:46.560 --> 00:50.600] Go to MyMagicMud.com to hear a short interview with Dr. Griffin Cole. [00:50.600 --> 00:52.940] That's MyMagicMud.com. [00:52.940 --> 00:54.480] And now the news. [00:54.480 --> 00:58.920] Dozens of supporters, family, and friends rallied outside the Williamson County Courthouse [00:58.920 --> 01:04.320] last Thursday protesting harsh charges brought against an Austin teen for pot brownies. [01:04.320 --> 01:08.240] The Liberty Beat's investigative journalist, Julie Wilson, sat front row in the courtroom [01:08.240 --> 01:12.800] as Jacob Lavaro pleaded not guilty to what would be a first-degree felony if convicted. [01:12.800 --> 01:13.800] Try it today. [01:13.800 --> 01:14.800] I wasn't even thinking about marijuana. [01:14.800 --> 01:15.800] But I'll tell you, from now on, I will be. [01:15.800 --> 01:16.800] That's naturally the health and safety of my son, and seeing that he's treated fairly [01:16.800 --> 01:29.840] as any citizen should be of this United States, of this great state of Texas. [01:29.840 --> 01:33.840] His lawyer hopes to get the charges reduced to a misdemeanor and is prepared to take the [01:33.840 --> 01:35.880] case to trial if necessary. [01:35.880 --> 01:40.580] Check out TheLibertyBeat.com for live on-the-scene footage, including interviews with Lavaro's [01:40.580 --> 01:46.920] friends and family. [01:46.920 --> 01:51.760] Chicago is set to implement data-collecting sensor boxes on street poles through eight [01:51.760 --> 01:54.040] intersections on Michigan Avenue. [01:54.040 --> 01:57.920] In order to reach optimal concealment, the spy boxes were designed by the School of the [01:57.920 --> 02:01.800] Art Institute, secured by more than one million in donations. [02:01.800 --> 02:06.280] The data-collecting sensors will count pedestrians by observing cell phone traffic, presumably [02:06.280 --> 02:08.480] via Wi-Fi network. [02:08.480 --> 02:12.800] Equipped with infrared cameras, researchers say they'll also record air quality, light [02:12.800 --> 02:23.200] intensity, sound volume, heat, precipitation, and wind, all in the name of safety and innovation. [02:23.200 --> 02:27.240] Last week, two Austin men, both 23 years old, were arrested on charges of attempting to [02:27.240 --> 02:30.200] provide material support to terrorists. [02:30.200 --> 02:35.040] Both men were indicted separately by a federal grand jury in the Western District of Texas [02:35.040 --> 02:36.040] Wednesday. [02:36.040 --> 02:40.080] The Liberty Beat learned that 12 government agencies collaborated with the Central Texas [02:40.080 --> 02:43.760] Joint Terrorism Task Force to bring about the charges. [02:43.760 --> 02:48.160] Check out the full report on our website at TheLibertyBeat.com to learn which agencies [02:48.160 --> 02:49.160] were involved. [02:49.160 --> 02:54.200] Support for this program comes from Cabo Boz, now with two locations in Austin, at 500 East [02:54.200 --> 02:57.760] Ben White Boulevard and 2828 Rio Grande Boulevard. [02:57.760 --> 03:07.800] You've been listening to the Liberty Beat. [03:07.800 --> 03:31.160] Really, man, come on, six o'clock news says somebody's been shot, somebody's been abused, [03:31.160 --> 03:43.480] somebody's been beaten, somebody's been killed. [03:43.480 --> 03:46.480] had the answer for the way that he'd done. [03:46.480 --> 03:50.480] Take all the rope in Texas by the tall old tree, [03:50.480 --> 03:56.480] round up all of them bad boys, hang a mile on the street [03:56.480 --> 04:00.480] for all the people to see. [04:00.480 --> 04:04.480] And justice is the one thing you should always find, [04:04.480 --> 04:08.480] you gotta settle up your boys, you gotta draw a hard line. [04:08.480 --> 04:12.480] When the gospel settles, we'll sing a victory tune [04:12.480 --> 04:16.480] and we'll haul me back a little closer. [04:16.480 --> 04:21.480] We'll raise up our glasses against evil forces singing, [04:21.480 --> 04:26.480] let's get for my men, bear for my horses. [04:32.480 --> 04:37.480] We got too many gangsters too, dirty deans, [04:37.480 --> 04:39.480] too much corruption. [04:39.480 --> 04:43.480] Hello folks, good evening, this is the Monday Night Rule of Law Radio Show [04:43.480 --> 04:45.480] and this is your host Eddie Craig. [04:45.480 --> 04:53.480] It is June 23rd, 2014 and it is an interesting Monday so far. [04:53.480 --> 04:55.480] Let me explain why. [04:55.480 --> 05:00.480] I had somebody link to me in a post that they made up there [05:00.480 --> 05:06.480] and what I'm going to read you is a letter that this individual received [05:06.480 --> 05:09.480] from the Department of Public Safety. [05:09.480 --> 05:12.480] Now, from what I can tell based upon the letter, [05:12.480 --> 05:19.480] this is dealing with registration of this person's car, [05:19.480 --> 05:23.480] at least more than one from the looks of it for the amount that they sent in [05:23.480 --> 05:27.480] and got back, but it depends on what they were trying to register. [05:27.480 --> 05:34.480] But in any case, they sent in a check for their registration on one or more cars [05:34.480 --> 05:38.480] and the DPS returned it to them. [05:38.480 --> 05:41.480] And this is the letter that came back with it. [05:41.480 --> 05:44.480] We are returning your $125 payment submitted to the department [05:44.480 --> 05:48.480] as it has been determined it is not needed at this time. [05:48.480 --> 05:50.480] If you have any questions, please contact the customer service [05:50.480 --> 05:53.480] at the Austin local number for the Department of Public Safety [05:53.480 --> 05:56.480] since they are headquartered here in Austin. [05:56.480 --> 06:01.480] Now, that letter alone is not the only interesting part. [06:01.480 --> 06:04.480] The interesting part, at least to me as far as this goes, [06:04.480 --> 06:07.480] for the purpose of talking about it anyway, [06:07.480 --> 06:12.480] is that he called down there to find out what this letter was for. [06:12.480 --> 06:18.480] And he wound up talking to a young lady who told him that both she [06:18.480 --> 06:23.480] and the Department of Public Safety know full well who I am. [06:23.480 --> 06:30.480] And I think it's kind of funny that they know who I am [06:30.480 --> 06:32.480] and they sent this check back. [06:32.480 --> 06:36.480] And he's one of the folks that has gone through the stuff that I've posted [06:36.480 --> 06:39.480] on Facebook and asked questions and things like that. [06:39.480 --> 06:41.480] So I'm wondering, I haven't got to talk to him directly about it. [06:41.480 --> 06:44.480] In fact, I believe he was going to call into the show tonight, [06:44.480 --> 06:46.480] but I don't know if he's done it yet. [06:46.480 --> 06:49.480] When I start taking callers, I'll find out. [06:49.480 --> 06:54.480] But it's going to be interesting to see if he asked them certain questions [06:54.480 --> 06:58.480] when he sent in that check. [06:58.480 --> 07:03.480] And when they didn't have a way to answer them that would allow them to keep it, [07:03.480 --> 07:04.480] they sent it back. [07:04.480 --> 07:07.480] Now, that's just something that would be interesting to find out if that happened. [07:07.480 --> 07:09.480] I don't know that that happened. [07:09.480 --> 07:14.480] But it's an interesting development. [07:14.480 --> 07:19.480] And so I reposted a link to this posting that they made [07:19.480 --> 07:23.480] and asked them to make it public so other people could see what was going on with it. [07:23.480 --> 07:32.480] But it seems like I am making ripples in their well-polluted pond. [07:32.480 --> 07:39.480] And that's a good thing because it doesn't matter where you are on the pond, [07:39.480 --> 07:44.480] you're eventually going to see the ripples that something creates anywhere on that pond. [07:44.480 --> 07:46.480] Now, you may not know where they came from. [07:46.480 --> 07:49.480] You may not even realize they're ripples when you first see them. [07:49.480 --> 07:52.480] You may just think they're waves created by the air. [07:52.480 --> 07:55.480] But you're going to see them. [07:55.480 --> 07:59.480] And I'm hoping that that continues to be the development [07:59.480 --> 08:04.480] because you know how it works when you skip a stone out across the top of a still lake. [08:04.480 --> 08:08.480] Everywhere it touches down it creates new ripples. [08:08.480 --> 08:17.480] Now, unlike the stone, however, I don't want this to have its energy diminished as it progresses. [08:17.480 --> 08:19.480] I want it to increase in energy. [08:19.480 --> 08:25.480] So the stone actually skips further and further each time and causes bigger and bigger ripples [08:25.480 --> 08:36.480] because that is the only way that we're going to stir up the entire surface of the pond. [08:36.480 --> 08:39.480] We can't do it if we're going to do it in small amounts. [08:39.480 --> 08:43.480] We have to be able to reach across the whole thing. [08:43.480 --> 08:49.480] So my hope is by getting them to make this public is that everybody else that sees it [08:49.480 --> 08:54.480] will repost it as well and link to it, to their friends and so on and so forth. [08:54.480 --> 08:57.480] There's one thing about Facebook that does make it useful. [08:57.480 --> 09:01.480] There are lots of people on it. [09:01.480 --> 09:07.480] And the naysayers and everybody else can say what they want. [09:07.480 --> 09:16.480] I base anything that they say on ignorance or complete willingness to disavow the facts [09:16.480 --> 09:20.480] put in front of them, which is what most lawyers and most officers do. [09:20.480 --> 09:22.480] They wish to disavow the facts. [09:22.480 --> 09:24.480] They're not doing it out of ignorance. [09:24.480 --> 09:29.480] They know that they can't get away with what they're doing if I'm right. [09:29.480 --> 09:34.480] They know that their ability to just stop cars under the pretense of a traffic stop [09:34.480 --> 09:40.480] so they can investigate it for a DUI or a drug bust goes right out the window if I'm right. [09:40.480 --> 09:45.480] The police state begins to crumble if I'm right. [09:45.480 --> 09:52.480] And if enough people will get behind this and start asking questions and demanding that [09:52.480 --> 09:56.480] their representatives tell them the truth and learn the facts for themselves, [09:56.480 --> 10:02.480] maybe we can turn the top of that pond into a raging ocean. [10:02.480 --> 10:04.480] Okay? [10:04.480 --> 10:09.480] Because that's the only way we're going to affect the change. [10:09.480 --> 10:11.480] It's the only way. [10:11.480 --> 10:16.480] Taking them on one-on-one or in small groups is futile. [10:16.480 --> 10:20.480] It's absolutely futile. [10:20.480 --> 10:21.480] Okay? [10:21.480 --> 10:26.480] That's like sending one Ferengue vessel after a Borg cube. [10:26.480 --> 10:29.480] It just isn't going to go anywhere. [10:29.480 --> 10:32.480] If you're a Star Trek fan, you'll know what that reference is all about. [10:32.480 --> 10:35.480] If not, you'll be lost, but ask someone who knows. [10:35.480 --> 10:40.480] In any case, I got about six minutes left and I got a couple of callers on the board already, [10:40.480 --> 10:42.480] so I am going to begin there. [10:42.480 --> 10:45.480] Right now we are going to go to Marshall in Texas. [10:45.480 --> 10:47.480] Marshall, what can we do for you? [10:47.480 --> 10:49.480] What's going on, Eddie? [10:49.480 --> 10:50.480] Hey, it's going fine. [10:50.480 --> 10:54.480] I was the originator of that post and I was actually... [10:54.480 --> 10:56.480] Ah, it's your post I'm talking about. [10:56.480 --> 10:57.480] Okay. [10:57.480 --> 10:58.480] Yes, sir. [10:58.480 --> 11:00.480] Yeah, it was just... [11:00.480 --> 11:04.480] I was calling in to find out why this was the reinstatement fee for my license, [11:04.480 --> 11:08.480] which was suspended for refusing to provide evidence against myself, [11:08.480 --> 11:10.480] also known as providing breath or blood. [11:10.480 --> 11:13.480] And it pretty much... [11:13.480 --> 11:18.480] The conversation I had with the lady pretty much stemmed that her father was going to your class [11:18.480 --> 11:22.480] and she knows all about all of the issues that we're bringing up, [11:22.480 --> 11:25.480] and she finds it just as intriguing. [11:25.480 --> 11:28.480] But she didn't go as far as to say that DPS knows about her, [11:28.480 --> 11:34.480] at least she didn't extend that, what I'm sure they do. [11:34.480 --> 11:40.480] Oh, I've had people around town tell me that they've mentioned my name in front of cops [11:40.480 --> 11:42.480] and the cops have recognized it. [11:42.480 --> 11:47.480] Oh, yeah, I'm just saying that as far as what I said goes or what I got from her... [11:47.480 --> 11:50.480] Yeah, the post didn't go into a lot of detail about what it was, [11:50.480 --> 11:55.480] and from the letter it says registration. [11:55.480 --> 12:00.480] So that's kind of what threw me off there as far as what it was all about. [12:00.480 --> 12:07.480] Yeah, I was pretty confused too, but the reason I was calling though was the reason my license was suspended. [12:07.480 --> 12:14.480] And I was pulled over about a year ago for the officer claims that both license plates were out, lights were out. [12:14.480 --> 12:20.480] And whenever I got pulled over, he then escalated to the claim that I had been drinking [12:20.480 --> 12:24.480] and wanted to do the field sobriety test. [12:24.480 --> 12:29.480] And then whenever he discovered that or whenever I eventually told him [12:29.480 --> 12:32.480] after I was already arrested there was a firearm in the vehicle, [12:32.480 --> 12:35.480] he wanted to say that it was illegal to have a firearm in the vehicle, [12:35.480 --> 12:39.480] which is not after he went and corrected it and he went and looked it up. [12:39.480 --> 12:42.480] He's like, no, you're right, but I can charge you for... [12:42.480 --> 12:45.480] since you're a commission of one crime while in possession of a firearm, [12:45.480 --> 12:47.480] that's supposed to be misdemeanor. [12:47.480 --> 12:52.480] But then again, I raised him like, well, don't you have to first prove the first before you can prove the second? [12:52.480 --> 12:58.480] And anyways, both charges were dropped. [12:58.480 --> 13:02.480] And the only thing I can think of is that I didn't necessarily go through your script, [13:02.480 --> 13:08.480] but I did bring up administrative code and I did bring up disease versus state attacks in 2008 with them. [13:08.480 --> 13:12.480] I did respectfully demand to be taken for a magistrate, which he failed to do. [13:12.480 --> 13:17.480] They took me to some back alley parking lot where he got up and went, excuse me, [13:17.480 --> 13:21.480] and got a warrant and came back to me and then took me to the hospital, [13:21.480 --> 13:24.480] which I assumed that was the magistrate I should have met. [13:24.480 --> 13:29.480] And all these little procedures that they failed to do, all this is recorded on dash cam [13:29.480 --> 13:32.480] because all I ever did was try and... [13:32.480 --> 13:35.480] I got my lawyer to try and get the blood test results. [13:35.480 --> 13:37.480] They never gave us anything. [13:37.480 --> 13:40.480] My lawyer ended up giving me a refund because he never did anything, [13:40.480 --> 13:49.480] but they dropped the charges based on the claim that no report filed slash age of case. [13:49.480 --> 13:51.480] Now, this has barely been a year. [13:51.480 --> 13:54.480] So I'm just kind of wondering like what happened. [13:54.480 --> 13:57.480] Well, one thing is they denied you in a speedy trial. [13:57.480 --> 14:01.480] That's what it means by what you just said. [14:01.480 --> 14:03.480] Okay. [14:03.480 --> 14:05.480] They didn't timely prosecute. [14:05.480 --> 14:11.480] Now, also the problem is apparently if they never got a statement from the officer, [14:11.480 --> 14:15.480] was there a complaint ever filed in the case? [14:15.480 --> 14:17.480] Yeah, he was the complaint. [14:17.480 --> 14:19.480] Say that again? [14:19.480 --> 14:22.480] He had to write the affidavit in order to get the blood warrant. [14:22.480 --> 14:24.480] So that's why I was kind of stumped. [14:24.480 --> 14:26.480] Well, no, that's the probable cause statement. [14:26.480 --> 14:29.480] That's not the criminal complaint. [14:29.480 --> 14:32.480] Right, but he can base his complaint on that. [14:32.480 --> 14:35.480] Yeah, but it's still not the complaint. [14:35.480 --> 14:40.480] The complaint is completely separate. [14:40.480 --> 14:45.480] So did they ever file a complaint? [14:45.480 --> 14:49.480] Well, I have to look into that one because I never saw anything on that matter. [14:49.480 --> 14:54.480] The only thing I got was the nonprosecutional affidavit from the district attorney. [14:54.480 --> 14:58.480] Yeah, go down and get everything that's in that court record. [14:58.480 --> 15:00.480] That's the first thing you want to do. [15:00.480 --> 15:03.480] You want to get everything in that court record. [15:03.480 --> 15:07.480] Because if they ever filed a complaint and an information and then they dropped it, [15:07.480 --> 15:10.480] you can sue. [15:10.480 --> 15:14.480] Now, you can sue for false arrest anyway if they can't or false imprisonment anyway [15:14.480 --> 15:19.480] if your test came back below the legal limit or negative. [15:19.480 --> 15:23.480] Because the officer had no probable cause to get that, [15:23.480 --> 15:27.480] especially if you told him you weren't drinking. [15:27.480 --> 15:30.480] Right. [15:30.480 --> 15:33.480] He based his probable cause on the smell, [15:33.480 --> 15:36.480] but of course the courts have ruled that just the smell of alcohol is not probable cause [15:36.480 --> 15:38.480] enough for you to get a warrant. [15:38.480 --> 15:39.480] Correct. [15:39.480 --> 15:44.480] That's absolutely correct because it's not proof of intoxication. [15:44.480 --> 15:45.480] Right. [15:45.480 --> 15:47.480] You may have walked upon something, someone may have spilled a drink around you. [15:47.480 --> 15:48.480] Exactly. [15:48.480 --> 15:49.480] You never know. [15:49.480 --> 15:51.480] Well, it doesn't matter even if you've had one. [15:51.480 --> 15:54.480] That's not proof of intoxication. [15:54.480 --> 15:57.480] That's why there's a limit. [15:57.480 --> 15:58.480] Mm-hmm. [15:58.480 --> 16:02.480] The fact that you had something to drink does not create probable cause [16:02.480 --> 16:07.480] that you are intoxicated above the legal limit. [16:07.480 --> 16:13.480] And since all this has dropped, I had from the time span of from 4 o'clock to 11 o'clock, [16:13.480 --> 16:17.480] well actually 4 o'clock to 10 o'clock, I had four whiskey and coke [16:17.480 --> 16:20.480] and I quit like an hour and a half or even took off the drive. [16:20.480 --> 16:24.480] I'm sorry, before you took off to what? [16:24.480 --> 16:31.480] Before I took off to head back to my place in my own companion. [16:31.480 --> 16:32.480] Okay. [16:32.480 --> 16:37.480] Well, hang on just a second and we'll get this on the other side when we get back, okay? [16:37.480 --> 16:38.480] Okay. [16:38.480 --> 16:40.480] All right, folks, this is Rule of Law Radio. [16:40.480 --> 16:46.480] The call in number is 512-646-1984. [16:46.480 --> 16:47.480] Did I got that right? [16:47.480 --> 16:48.480] Yeah, I do. [16:48.480 --> 16:51.480] Y'all hang on, Kirk, I see you there on the board, too, so don't drop off. [16:51.480 --> 16:53.480] We'll pick you up when we get back and get finished with Marshall. [16:53.480 --> 17:00.480] We'll be right back, folks, so y'all hang on. [17:00.480 --> 17:04.480] Through advances in technology, our lives have greatly improved, [17:04.480 --> 17:06.480] except in the area of nutrition. 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[18:33.480 --> 18:38.480] The Michael Mears proven method is the solution for how to stop debt collectors. [18:38.480 --> 18:40.480] Personal consultation is available as well. [18:40.480 --> 18:46.480] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [18:46.480 --> 18:49.480] or email michaelmears at yahoo.com. [18:49.480 --> 18:57.480] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [18:57.480 --> 19:00.480] to learn how to stop debt collectors now. [19:00.480 --> 19:10.480] You are listening to the Logos Radio Network, logosradionetwork.com. [19:10.480 --> 19:35.480] All right, folks, we are back. [19:35.480 --> 19:40.480] This is Rule of Law Radio and we are talking to Marshall. [19:40.480 --> 19:49.480] All right, Marshall, go ahead. [19:49.480 --> 19:55.480] Like I said, first thing you need to do is get your hands on everything in your record to see what they did [19:55.480 --> 20:01.480] because at the moment you have at a minimum false imprisonment by the officer [20:01.480 --> 20:06.480] because he failed to take you to a magistrate, he took you to jail, correct? [20:06.480 --> 20:10.480] Yeah, he took me to jail and I waited there for like an hour and they took me to a jail. [20:10.480 --> 20:15.480] Yeah, and he went to a magistrate to get a warrant, but he didn't take you before that magistrate, right? [20:15.480 --> 20:16.480] Right. [20:16.480 --> 20:17.480] That's false imprisonment. [20:17.480 --> 20:19.480] Settle it right there. [20:19.480 --> 20:24.480] Yep, and I think that might be what the district attorney saw and like wanted to wipe their hands of. [20:24.480 --> 20:25.480] Oh, absolutely. [20:25.480 --> 20:29.480] Because on the dash cam, you know, I'm coherent, I'm sitting here correcting him [20:29.480 --> 20:31.480] and he can't even... [20:31.480 --> 20:34.480] Well, most likely he dropped it because he knew he didn't have a case. [20:34.480 --> 20:38.480] He could care less whether or not you got taken before a magistrate. [20:38.480 --> 20:40.480] That doesn't impact him. [20:40.480 --> 20:43.480] That impacts the officer who arrested you. [20:43.480 --> 20:47.480] So he didn't have to do that in relation to his case. [20:47.480 --> 20:51.480] But if you were coherent and everything and that was being recorded, [20:51.480 --> 20:56.480] there he knew he didn't have a case if that video was ever brought to light. [20:56.480 --> 20:59.480] So that's why he was willing to wash his hands of it, [20:59.480 --> 21:02.480] so that you couldn't come after him for malicious prosecution, [21:02.480 --> 21:05.480] but you still have the cop dead to rights. [21:05.480 --> 21:15.480] Yeah, and he also towed my truck or actually, what was it, criminal racketeering and armed robbery. [21:15.480 --> 21:21.480] Well, it's aggravated assault, it's aggravated kidnapping, it's false imprisonment, [21:21.480 --> 21:27.480] it's armed robbery, and it's burglary of a vehicle if he went into it. [21:27.480 --> 21:29.480] Yes, he did. [21:29.480 --> 21:31.480] And he had no warrant, right? [21:31.480 --> 21:32.480] No, he didn't. [21:32.480 --> 21:35.480] Okay. [21:35.480 --> 21:38.480] To haul that off cost me some money to get that out, [21:38.480 --> 21:42.480] and of course everything else that came along with the process. [21:42.480 --> 21:45.480] Yeah, you can name the tow company in the suit, too, [21:45.480 --> 21:52.480] because they can't act on an unlawful order any more than the officer can. [21:52.480 --> 21:56.480] Right, because they're going along with it whenever they could just call another officer and be like, [21:56.480 --> 21:58.480] hey, am I supposed to be doing this with this law? [21:58.480 --> 22:00.480] Exactly. [22:00.480 --> 22:07.480] And then the other thing is the police officers that decided to give me a nice quarter section in the newspaper [22:07.480 --> 22:13.480] that dates by slandering my name and just making up things in the paper. [22:13.480 --> 22:17.480] In the paper or in something like Busted magazine? [22:17.480 --> 22:21.480] No, like Harold Zaiteng of Comal County. [22:21.480 --> 22:24.480] Okay, yeah, that's the most assuredly. [22:24.480 --> 22:29.480] What I would do is who turned that story over to them? [22:29.480 --> 22:37.480] No, this was Dallinado Malteri, and I don't even recognize the officer that they're quoting here because... [22:37.480 --> 22:41.480] But he's probably the public relations officer for that department. [22:41.480 --> 22:46.480] Call down there and get that information and find out who that officer is. [22:46.480 --> 22:54.480] Then you need to call that paper and tell them you want a retraction printed [22:54.480 --> 23:00.480] and let them know that the charges were dropped because they were untrue [23:00.480 --> 23:06.480] and the prosecution knew this and then use all of that in your lawsuit [23:06.480 --> 23:12.480] because that is the officer creating the opportunity for the libel and slander [23:12.480 --> 23:17.480] and the defamation of character that you suffered. [23:17.480 --> 23:21.480] Very true, very true. [23:21.480 --> 23:22.480] Okay. [23:22.480 --> 23:26.480] Well, that was pretty much all I wanted to call in about unless you had any other things you wanted to bring up [23:26.480 --> 23:28.480] unless you get to the other callers. [23:28.480 --> 23:29.480] Okay. [23:29.480 --> 23:32.480] Just make sure you get everything in that record and everything that's in your attorney's possession [23:32.480 --> 23:36.480] because that may not be the same stuff. [23:36.480 --> 23:38.480] I got everything in his possession. [23:38.480 --> 23:44.480] All he ever got was the affidavit, the non-prosecution affidavit because he never had a... [23:44.480 --> 23:45.480] Don't believe that. [23:45.480 --> 23:46.480] He never showed up. [23:46.480 --> 23:47.480] Don't believe that. [23:47.480 --> 23:53.480] Tell him you want a copy of everything that's in the file he has on you, everything. [23:53.480 --> 23:59.480] Don't take his word for anything. [23:59.480 --> 24:00.480] All right. [24:00.480 --> 24:01.480] Well, thank you very much for your time, Eddie. [24:01.480 --> 24:02.480] All right. [24:02.480 --> 24:03.480] Thanks for calling in. [24:03.480 --> 24:04.480] All right. [24:04.480 --> 24:07.480] Now we're going to go to Kirk in Texas. [24:07.480 --> 24:10.480] Kirk, what can we do for you? [24:10.480 --> 24:11.480] Hey, Eddie. [24:11.480 --> 24:12.480] How are you doing? [24:12.480 --> 24:13.480] I'm doing all right. [24:13.480 --> 24:14.480] And you? [24:14.480 --> 24:16.480] I'm hanging in there. [24:16.480 --> 24:23.480] I recently came across your show and I'm still very much a novice at all of this. [24:23.480 --> 24:31.480] And a couple of weeks ago, I received one of those red light camera tickets in the mail. [24:31.480 --> 24:36.480] And just literally today, I came across your red light camera letter. [24:36.480 --> 24:42.480] But this was before or after I already had sent the thing back in. [24:42.480 --> 24:46.480] So I guess my question is, how could I proceed at this point? [24:46.480 --> 24:50.480] How did you send it back in? [24:50.480 --> 24:55.480] I mailed it back to whatever the address was that they gave me on the letter. [24:55.480 --> 24:56.480] Okay. [24:56.480 --> 25:01.480] But when you mailed it back, did you fill out their little form? [25:01.480 --> 25:04.480] The only thing it asked for was a print and signature. [25:04.480 --> 25:12.480] And obviously, you know, I know enough to not typically want to sign things, but I didn't know enough to what I should do. [25:12.480 --> 25:15.480] So I just kind of signed under the red something. [25:15.480 --> 25:17.480] I don't even know if that was right. [25:17.480 --> 25:21.480] I just kind of wanted to make the point that, you know, I'm not. [25:21.480 --> 25:24.480] Well, if you did it voluntarily, it's not duress. [25:24.480 --> 25:26.480] All right. [25:26.480 --> 25:27.480] Yeah. [25:27.480 --> 25:32.480] And so like I said, I wish I would have come across the letter before I mailed it in. [25:32.480 --> 25:33.480] Okay. [25:33.480 --> 25:37.480] I still need to know what you mean by mailed it in. [25:37.480 --> 25:40.480] Did you just sign it and send it back? [25:40.480 --> 25:42.480] Did you attach money to it? [25:42.480 --> 25:43.480] What did you do? [25:43.480 --> 25:44.480] No, no, no. [25:44.480 --> 25:45.480] No money. [25:45.480 --> 25:54.480] Basically, they say you can contest it, which is what I said, and just sign it and send it back into the address on the bottom. [25:54.480 --> 25:57.480] How did you contest it? [25:57.480 --> 25:59.480] I haven't done anything yet. [25:59.480 --> 26:05.480] It just says if you wish to contest it, send it back in stating that you wish to contest it. [26:05.480 --> 26:06.480] Yeah. [26:06.480 --> 26:10.480] I think you need to read that a little bit more careful because that's not exactly what it says. [26:10.480 --> 26:18.480] It says if you wish to contest it, a hearing with an administrative officer will be set up for you to do so. [26:18.480 --> 26:19.480] Right. [26:19.480 --> 26:21.480] Okay. [26:21.480 --> 26:23.480] So let me ask you a question. [26:23.480 --> 26:32.480] Why would you agree to a nonjudicial determination of guilt about anything? [26:32.480 --> 26:34.480] Right. [26:34.480 --> 26:38.480] And like I said, I'm very much a novice at all this stuff. [26:38.480 --> 26:40.480] I wish I would have come across that letter sooner. [26:40.480 --> 26:42.480] Well, but what I'm talking about now is not all this. [26:42.480 --> 26:46.480] What I'm talking about is a basic understanding of your rights. [26:46.480 --> 26:49.480] Right. [26:49.480 --> 26:56.480] Why would you ask for a nonjudicial hearing is my question. [26:56.480 --> 26:58.480] Right. [26:58.480 --> 26:59.480] Yeah. [26:59.480 --> 27:09.480] Because anything that's done administratively or legislatively to determine guilt and to punish you for it [27:09.480 --> 27:15.480] is a bill of pains and penalties, and it's unconstitutional and illegal. [27:15.480 --> 27:18.480] All right. [27:18.480 --> 27:25.480] In fact, I just finished reading an Ohio case today on a red light camera and a speeding camera issue [27:25.480 --> 27:34.480] that where two people filed lawsuits in Ohio and not a single one of their attorneys raised the due process issues [27:34.480 --> 27:38.480] associated with these cameras, not a single one of their attorneys. [27:38.480 --> 27:47.480] And yet the court made note in its opinion that the noticeable due process violations were not addressed [27:47.480 --> 27:53.480] in these petitions and therefore are not properly before the court for review. [27:53.480 --> 27:58.480] Why aren't people's lawyers asking those questions about due process? [27:58.480 --> 28:05.480] Because your lawyers are waiving all of your due process rights to expedite their money. [28:05.480 --> 28:08.480] All right. [28:08.480 --> 28:10.480] Yep. [28:10.480 --> 28:11.480] Okay. [28:11.480 --> 28:20.480] So what you can do at this point, you're asking me how not to get thrown after you're laying in the dirt in the rodeo arena. [28:20.480 --> 28:23.480] Yeah, and I totally realize that. [28:23.480 --> 28:26.480] Totally realize that. [28:26.480 --> 28:33.480] So I'm not really sure how to tell you to proceed at this point because you've walked right into that pit. [28:33.480 --> 28:35.480] Yeah. [28:35.480 --> 28:41.480] And I don't know how to stop you from hitting bottom. [28:41.480 --> 28:46.480] I remember you on a recent episode, I remember you talking about don't argue the merits, [28:46.480 --> 28:52.480] but if I've already walked into their jurisdiction, is there a way out of not? [28:52.480 --> 29:00.480] Well, it's not so much that you've walked into their jurisdiction as you've agreed to an administrative determination of the issue. [29:00.480 --> 29:09.480] And they can decide anything they want in an administrative proceeding. [29:09.480 --> 29:10.480] Okay. [29:10.480 --> 29:21.480] So right now, what you would have to do is you would have to get this scheduled for a different type of administrative proceeding than the one they want you to attend. [29:21.480 --> 29:26.480] You need to get a request to move it to the State Office of Administrative Hearings here in Austin, [29:26.480 --> 29:33.480] where it's supposed to legally be held when it comes to administrative issues under the Transportation Code. [29:33.480 --> 29:38.480] But if you'll hang on, we'll cover that in a little bit more detail on the other side, okay? [29:38.480 --> 29:39.480] Okay. [29:39.480 --> 29:41.480] Hold on, we'll be back in a second. [29:41.480 --> 29:44.480] Okay, Hannah, I see you there. [29:44.480 --> 29:46.480] I can't really tell where that is you're calling from. [29:46.480 --> 29:48.480] We'll figure that out when we get back. [29:48.480 --> 29:50.480] So you hang on too. [29:50.480 --> 29:52.480] All right, this is Rule of Law Radio. [29:52.480 --> 30:03.480] We will be right back. [30:03.480 --> 30:04.480] Listen up, Brainiacs. [30:04.480 --> 30:07.480] Chewing gum may not be so good the night before a test. [30:07.480 --> 30:11.480] In fact, new research shows it could actually impair your short-term memory. [30:11.480 --> 30:16.480] And Dr. Catherine Albrecht, back to burst your bubble gum bubble right after this. [30:16.480 --> 30:18.480] Privacy is under attack. [30:18.480 --> 30:22.480] When you give up data about yourself, you'll never get it back again. [30:22.480 --> 30:27.480] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:27.480 --> 30:28.480] So protect your rights. [30:28.480 --> 30:32.480] Say no to surveillance and keep your information to yourself. [30:32.480 --> 30:34.480] Privacy, it's worth hanging on to. [30:34.480 --> 30:37.480] This message is brought to you by StartPage.com, [30:37.480 --> 30:41.480] the private search engine alternative to Google, Yahoo, and Bing. [30:41.480 --> 30:45.480] Start over with StartPage. [30:45.480 --> 30:49.480] You might have read studies saying that chewing gum improves your memory. [30:49.480 --> 30:53.480] Students have taken that to heart, gum chewing nonstop while cramming for final exams. [30:53.480 --> 30:57.480] But new research suggests that chewing gum may not help with memory after all [30:57.480 --> 31:00.480] and could actually make it worse. [31:00.480 --> 31:04.480] British scientists gave volunteers memory challenges with and without gum. [31:04.480 --> 31:08.480] They found that gum chewers had a harder time with tasks like memorizing phone numbers [31:08.480 --> 31:10.480] than those who didn't chew gum. [31:10.480 --> 31:15.480] One interesting difference, though, is this time around volunteers were given flavorless gum. [31:15.480 --> 31:19.480] So if you still insist on chomping before a quiz, pick a tasty flavor [31:19.480 --> 31:22.480] and make sure you spit it out once the thrill is gone. [31:22.480 --> 31:30.480] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine. [31:52.480 --> 31:56.480] The rule of law radio is proud to offer the rule of law traffic seminar. [31:56.480 --> 31:59.480] In today's America, we live in an us-against-them society. [31:59.480 --> 32:01.480] If we, the people, are ever going to have a free society, [32:01.480 --> 32:04.480] then we're going to have to stand and defend our own rights. [32:04.480 --> 32:07.480] Among those rights are the right to travel freely from place to place, [32:07.480 --> 32:09.480] the right to act in our own private capacity, and most importantly, [32:09.480 --> 32:11.480] the right to due process of law. [32:11.480 --> 32:14.480] Traffic courts afford us the least expensive opportunity to travel freely. [32:14.480 --> 32:17.480] We're going to have to stand and defend our own rights. [32:17.480 --> 32:22.480] The right to travel freely from place to place, the right to act in our own private capacity, [32:22.480 --> 32:25.480] and most importantly, the right to due process of law. [32:25.480 --> 32:28.480] Traffic courts afford us the least expensive opportunity to learn [32:28.480 --> 32:31.480] how to enforce and preserve our rights through due process. [32:31.480 --> 32:34.480] Former Sheriff's Deputy Eddie Craig, in conjunction with rule of law radio, [32:34.480 --> 32:37.480] has put together the most comprehensive teaching tool available [32:37.480 --> 32:39.480] that will help you understand what due process is [32:39.480 --> 32:41.480] and how to hold courts to the rule of law. [32:41.480 --> 32:43.480] You can get your own copy of this invaluable material [32:43.480 --> 32:46.480] by going to ruleoflawradio.com and ordering your copy today. [32:46.480 --> 32:49.480] You'll also get a copy of the original 2009 seminar, [32:49.480 --> 32:52.480] hundreds of research documents, and other useful resource material. [32:52.480 --> 32:56.480] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:56.480 --> 33:03.480] Order your copy today, and together we can have the free society we all want and deserve. [33:03.480 --> 33:15.480] Live, free speech radio, logosradionetwork.com. [33:15.480 --> 33:36.480] Alright, we are back, rule of law radio. [33:36.480 --> 33:41.480] Okay, and we are still talking to Kirk. [33:41.480 --> 33:44.480] Alright, Kirk. [33:44.480 --> 33:50.480] Yeah, I mean, should I at least tell you more or less what happened? [33:50.480 --> 33:53.480] What do you mean what happened, as far as the ticket goes? [33:53.480 --> 33:57.480] Yeah, as far as the incident, so. [33:57.480 --> 34:00.480] Okay. [34:00.480 --> 34:03.480] You said this is a camera ticket, right? [34:03.480 --> 34:07.480] Yeah, from the pictures, they're claiming that I ran a red light. [34:07.480 --> 34:11.480] But from the pictures, it's clear that I'm making a right turn. [34:11.480 --> 34:15.480] The light is red, but there's no sign saying that you can't turn right on red. [34:15.480 --> 34:23.480] But the way the intersection is positioned, you have to go kind of far out before you can actually make the turn. [34:23.480 --> 34:30.480] And the pictures that they had posted, none of which had, you could see anybody behind the wheel. [34:30.480 --> 34:36.480] But also, on the first picture they took, it was just a car at the intersection. [34:36.480 --> 34:41.480] The second is the car, like, turning right. [34:41.480 --> 34:43.480] You can see, obviously, that I'm turning right. [34:43.480 --> 34:45.480] And then, of course, the other picture is their license plate. [34:45.480 --> 34:47.480] Okay, here's the thing. [34:47.480 --> 34:52.480] What is the time stamp between the two photos? [34:52.480 --> 34:54.480] I would have to double check that. [34:54.480 --> 34:55.480] Okay. [34:55.480 --> 35:02.480] What they're going to attempt to argue is that you did not stop to make the right turn, thus you ran the red light. [35:02.480 --> 35:03.480] Okay? [35:03.480 --> 35:04.480] Okay. [35:04.480 --> 35:10.480] The time stamp on the pictures will be what you want to look at if you're going to argue the merits of that [35:10.480 --> 35:17.480] to see how much time transpired between the picture at the intersection and the picture of you making the turn. [35:17.480 --> 35:18.480] Okay. [35:18.480 --> 35:19.480] Okay? [35:19.480 --> 35:27.480] If the time stamp clearly shows there's two or three seconds delay, there's no way they can make the argument that you didn't stop. [35:27.480 --> 35:29.480] Right. [35:29.480 --> 35:36.480] However, if there's zero delay, then there's two arguments that can be made, one from their side, A, you didn't stop, [35:36.480 --> 35:46.480] and one from your side, B, you have fudged the time on the camera in order to make this look like I didn't stop when I did. [35:46.480 --> 35:49.480] Guess which one's going to be harder to prove. [35:49.480 --> 35:51.480] Right. [35:51.480 --> 35:56.480] So this is just one of the ways they go about pulling the crap they pull. [35:56.480 --> 35:57.480] Right. [35:57.480 --> 36:00.480] So check that and see what it says. [36:00.480 --> 36:05.480] Then email me or do whatever, and we'll talk about it after that. [36:05.480 --> 36:06.480] Okay. [36:06.480 --> 36:09.480] What about the fact that they have no picture of anybody behind the video? [36:09.480 --> 36:13.480] Well, they're still trying to make you guilty by association. [36:13.480 --> 36:21.480] Send me an email, and I will send you the third reply I've done today to exactly the same problem to other people. [36:21.480 --> 36:28.480] The same issues apply regardless of what state you're in because they do the same thing in every state to deny due process. [36:28.480 --> 36:29.480] Right. [36:29.480 --> 36:34.480] But now, like I said, is it too late since I had already mailed that thing back? [36:34.480 --> 36:39.480] Well, it's not too late for you to fight it on merits, which is the only place you've got left to go. [36:39.480 --> 36:42.480] The question is, is do you know how? [36:42.480 --> 36:43.480] Right. [36:43.480 --> 36:48.480] And in that regard, I have no clue if it's too late because I don't know what your learning attitude is. [36:48.480 --> 36:51.480] Right. [36:51.480 --> 36:56.480] So I guess in the future, if I do get another one of those in the mail, [36:56.480 --> 37:04.480] the first thing to do upfront is to send a reply back using something like the letter you had on your website [37:04.480 --> 37:13.480] and then attach, what, the original or a copy of whatever they sent me, of the actual attraction. [37:13.480 --> 37:15.480] You never send it back to them. [37:15.480 --> 37:18.480] You can attach a copy if you want, but you keep that. [37:18.480 --> 37:21.480] That's your evidence against them. [37:21.480 --> 37:22.480] Okay. [37:22.480 --> 37:24.480] And then don't sign it, right? [37:24.480 --> 37:26.480] Most assuredly, don't sign it. [37:26.480 --> 37:30.480] Okay. [37:30.480 --> 37:34.480] So that would be the proper way to proceed next time, I guess. [37:34.480 --> 37:36.480] From the beginning, yes. [37:36.480 --> 37:37.480] Right, right. [37:37.480 --> 37:40.480] Because if you notice in that letter, one of the first things it says is, [37:40.480 --> 37:46.480] I do not agree or consent to any nonjudicial decision making. [37:46.480 --> 37:49.480] And yet that's the very first thing they try to do, [37:49.480 --> 37:54.480] to make an administrative determination outside of the judiciary. [37:54.480 --> 37:57.480] Right. [37:57.480 --> 37:59.480] Yeah. [37:59.480 --> 38:03.480] Yeah, I guess I got to bite this one, bite the bullet on this one. [38:03.480 --> 38:04.480] Well, not necessarily. [38:04.480 --> 38:06.480] Like I said, you can still try to fight it on the merits. [38:06.480 --> 38:09.480] You just have to learn how. [38:09.480 --> 38:12.480] Okay. [38:12.480 --> 38:13.480] All right. [38:13.480 --> 38:19.480] So just email you the details and then you can email me some information about them? [38:19.480 --> 38:21.480] Correct. [38:21.480 --> 38:22.480] Okay. [38:22.480 --> 38:23.480] All right. [38:23.480 --> 38:24.480] I will do that. [38:24.480 --> 38:30.480] And just send it to Eddie, E-D-D-I-E at ruleoflawradio.com. [38:30.480 --> 38:31.480] Okay, will do. [38:31.480 --> 38:32.480] I appreciate it. [38:32.480 --> 38:33.480] Thank you, Eddie. [38:33.480 --> 38:34.480] You're welcome. [38:34.480 --> 38:35.480] Take care. [38:35.480 --> 38:36.480] You too. [38:36.480 --> 38:37.480] Bye-bye. [38:37.480 --> 38:38.480] Bye-bye. [38:38.480 --> 38:41.480] We've got one other caller up on the board, and I'm going to need some more after that, folks. [38:41.480 --> 38:45.480] 512-646-1984 is the call-in number. [38:45.480 --> 38:47.480] Right now, let's go to Matt in Texas. [38:47.480 --> 38:49.480] Matt? [38:49.480 --> 38:50.480] Hey, Eddie. [38:50.480 --> 38:51.480] How are you doing? [38:51.480 --> 38:52.480] I'm doing good. [38:52.480 --> 38:53.480] And you? [38:53.480 --> 38:54.480] I'm all right. [38:54.480 --> 38:57.480] So I want to be concise. [38:57.480 --> 39:02.480] I don't want to bore you or anybody listening with a long list of details. [39:02.480 --> 39:10.480] So got pulled over today, and I know from – I think I gave you a class a couple of times. [39:10.480 --> 39:15.480] The requirement to display a driver's license and proof of financial responsibility is a [39:15.480 --> 39:17.480] violation of my right. [39:17.480 --> 39:18.480] Wait, wait, wait, wait. [39:18.480 --> 39:19.480] Back up. [39:19.480 --> 39:20.480] Back up. [39:20.480 --> 39:21.480] Start that again. [39:21.480 --> 39:26.480] I said the requirement under, you know, Texas Code of Criminal Procedures, I think Texas [39:26.480 --> 39:32.480] – for displaying a driver's license, and then I guess it's the Texas Transportation [39:32.480 --> 39:33.480] Code where it would – [39:33.480 --> 39:35.480] They're both under the Transportation Code. [39:35.480 --> 39:37.480] Neither of them is in the Code of Criminal Procedure. [39:37.480 --> 39:38.480] All right. [39:38.480 --> 39:39.480] My fault. [39:39.480 --> 39:40.480] Yes. [39:40.480 --> 39:42.480] I mixed that up. [39:42.480 --> 39:50.480] Anyway, that's a statutorily – and that's a way for them to statutorily try to get over [39:50.480 --> 39:52.480] on my right not to incriminate myself. [39:52.480 --> 39:54.480] So you advise – [39:54.480 --> 40:00.480] They're trying to compel you to waive a right for the exercise of what they're asserting [40:00.480 --> 40:02.480] as a privilege. [40:02.480 --> 40:05.480] That's what they're trying to do, and they can't do that. [40:05.480 --> 40:11.480] Nor can a law compel you in any way to waive a right when you do not wish to waive it. [40:11.480 --> 40:12.480] Yes. [40:12.480 --> 40:20.480] So there's my first chance to, you know, try this new approach out, and I did it. [40:20.480 --> 40:22.480] And I didn't give him my license. [40:22.480 --> 40:24.480] I didn't explain to him why. [40:24.480 --> 40:28.480] I didn't – you know, it wasn't rude or anything. [40:28.480 --> 40:30.480] What do you mean you explained to him why? [40:30.480 --> 40:36.480] I explained – well, actually, I asked him if by giving him my license it could be used against me [40:36.480 --> 40:40.480] or would I be incriminating – would that be incriminating evidence, essentially? [40:40.480 --> 40:44.480] I don't remember the exact words I used, but essentially I did one of the three things he said. [40:44.480 --> 40:47.480] I either evoked a right, defended a right, or asserted a right. [40:47.480 --> 40:48.480] One of those. [40:48.480 --> 40:51.480] I didn't ever back down from that. [40:51.480 --> 40:54.480] So he took my name, date of birth instead. [40:54.480 --> 40:57.480] I don't know if giving him that information was wrong, [40:57.480 --> 41:04.480] but it seemed to me like I was required to at least do that as a minimum to identify myself. [41:04.480 --> 41:06.480] He asked for proof of insurance. [41:06.480 --> 41:07.480] I asked the same question. [41:07.480 --> 41:10.480] Can this information be used to incriminate me in a court of law? [41:10.480 --> 41:14.480] And he refused to answer those questions, so I didn't give him that information either. [41:14.480 --> 41:21.480] He still wrote me a ticket to tell you to signal during lane change and no proof of financial responsibility. [41:21.480 --> 41:25.480] He didn't do anything about the driver's license and sent me on my way. [41:25.480 --> 41:27.480] So I've got that. [41:27.480 --> 41:28.480] Next. [41:28.480 --> 41:29.480] Okay. [41:29.480 --> 41:34.480] The reason he didn't do anything with the driver's license is because once you gave your name, he could look it up. [41:34.480 --> 41:35.480] Yes. [41:35.480 --> 41:38.480] Well, he shouldn't be able to do that with the insurance, too. [41:38.480 --> 41:47.480] If your insurance company is part of the database system and has been integrated yet, that's true, but it may not be. [41:47.480 --> 41:48.480] Okay. [41:48.480 --> 41:52.480] I'm pretty sure it is because I think it's happened before. [41:52.480 --> 41:55.480] But anyway, so next step. [41:55.480 --> 41:58.480] Actually, I should ask first, that was correct. [41:58.480 --> 42:06.480] I mean, I know you weren't there to witness it all, but I didn't hand him those things to, I guess, [42:06.480 --> 42:09.480] kind of what is it called, a commercial nexus or whatever. [42:09.480 --> 42:15.480] I didn't connect myself to any type of commercial activity by presenting him with that stuff. [42:15.480 --> 42:16.480] Okay. [42:16.480 --> 42:18.480] Kind of reserved that. [42:18.480 --> 42:19.480] So next step. [42:19.480 --> 42:23.480] I mean, I guess I got a few days passed in order for the ticket to get processed. [42:23.480 --> 42:27.480] So then I need to file my paperwork to challenge the information. [42:27.480 --> 42:34.480] And because I think it's a JP court, so I think they're going to have an assistant district attorney. [42:34.480 --> 42:39.480] So I can't challenge it based on the Rule 12 show of authority because it's not a city attorney. [42:39.480 --> 42:44.480] I believe that they will have authority to try things in the name of state of Texas, but... [42:44.480 --> 42:45.480] Well, no. [42:45.480 --> 42:54.480] You still have the same challenge even on that based upon the fact that he can only prosecute those that were engaged in transportation. [42:54.480 --> 42:59.480] You still have the same Rule 12 challenge, whether it's a city attorney, county attorney, or district attorney. [42:59.480 --> 43:01.480] It doesn't matter. [43:01.480 --> 43:06.480] They can only prosecute under the transportation code those engaged in transportation. [43:06.480 --> 43:10.480] Okay. [43:10.480 --> 43:15.480] He can't prosecute someone for exercising the right to travel, which you don't argue. [43:15.480 --> 43:19.480] You simply argue, look, I was not engaged in transportation. [43:19.480 --> 43:28.480] That's the only place your prosecutorial power exists in relation to these charges. [43:28.480 --> 43:36.480] And another thing, I remember you mentioning before in a class that the music coming on. [43:36.480 --> 43:37.480] Yeah. [43:37.480 --> 43:41.480] Hang on just a second, Matt, and we'll get back to you, okay? [43:41.480 --> 43:42.480] All right. [43:42.480 --> 43:43.480] All right, folks. [43:43.480 --> 43:44.480] This is Rule of Law Radio. [43:44.480 --> 43:49.480] The caller number is 512-646-1984. [43:49.480 --> 43:52.480] I had somebody drop off the line and another one call in. [43:52.480 --> 44:00.480] So y'all hang on, we'll be right back. [44:00.480 --> 44:03.480] Are you the plaintiff or defendant in a lawsuit? 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[44:51.480 --> 45:03.480] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [45:03.480 --> 45:06.480] Hello, my name is Stuart Smith from naturespureorganics.com, [45:06.480 --> 45:13.480] and I would like to invite you to come by our store at 1904 Guadalupe Street, Suite D, here in Austin, Texas. [45:13.480 --> 45:15.480] I'm Brave New Books and Chase Payne. [45:15.480 --> 45:18.480] To see all our fantastic health and wellness products with your very own eyes, [45:18.480 --> 45:23.480] have a look at our Miracle Healing Clay that started our adventure in alternative medicine. [45:23.480 --> 45:27.480] Take a peek at some of our other wonderful products, including our Australian EME oil, [45:27.480 --> 45:31.480] lotion candles, olive oil soaps, and colloidal silver and gold. [45:31.480 --> 45:38.480] Call 512-264-4043 or find us online at naturespureorganics.com. [45:38.480 --> 45:44.480] That's 512-264-4043, naturespureorganics.com. [45:44.480 --> 46:02.480] Don't forget to like us on Facebook for information on events and our products. [46:14.480 --> 46:20.480] If you did not have any problems, where are you going to look for one? [46:20.480 --> 46:26.480] If you could not wait any battle too long, would your purpose test be done? [46:26.480 --> 46:29.480] Would you stand by the soldier or worry your heart's love? [46:29.480 --> 46:32.480] Scaffolding to keep the peace? [46:32.480 --> 46:35.480] All it's taking is misunderstanding. [46:35.480 --> 46:44.480] Somebody calls the police. [46:44.480 --> 46:45.480] Hi, folks. [46:45.480 --> 46:46.480] We are back. [46:46.480 --> 46:48.480] This is Rule of Law Radio. [46:48.480 --> 46:49.480] All right. [46:49.480 --> 46:52.480] We're going back to Matt one more time. [46:52.480 --> 46:53.480] Okay, Matt. [46:53.480 --> 46:54.480] Hey. [46:54.480 --> 46:55.480] Okay. [46:55.480 --> 47:01.480] So another question I had, I remember in the class you mentioned that the DPS, [47:01.480 --> 47:05.480] the Administrative Procedures Act is something that created the DPS, [47:05.480 --> 47:09.480] only gave them the power to enforce commercial traffic laws [47:09.480 --> 47:13.480] and then also to assist local law enforcement when they're necessary, [47:13.480 --> 47:17.480] basically meaning, hey, we need your help, come over here, we need backup, whatever. [47:17.480 --> 47:18.480] Correct. [47:18.480 --> 47:21.480] Is that something that I should look at challenging as well, [47:21.480 --> 47:25.480] or just basically say from the beginning he was operating... [47:25.480 --> 47:27.480] Well, you don't have to go that far. [47:27.480 --> 47:32.480] Since you have the ticket that shows you were making a right turn [47:32.480 --> 47:36.480] and if the timestamps agree that you actually had time to stop to make that turn, then... [47:36.480 --> 47:37.480] Whoa, whoa, whoa. [47:37.480 --> 47:38.480] That's the other guy. [47:38.480 --> 47:39.480] Oh, I'm sorry. [47:39.480 --> 47:40.480] Never mind. [47:40.480 --> 47:43.480] Where are we on yours? [47:43.480 --> 47:45.480] I told you I didn't present my license. [47:45.480 --> 47:46.480] Oh, okay, okay. [47:46.480 --> 47:47.480] All right. [47:47.480 --> 47:48.480] Sorry. [47:48.480 --> 47:49.480] And then I can... [47:49.480 --> 47:52.480] No, no, no, no, no, no. [47:52.480 --> 47:54.480] You are trying to assume the burden of proof. [47:54.480 --> 47:59.480] Stop doing that. [47:59.480 --> 48:04.480] You make the same defense to rebut their offense. [48:04.480 --> 48:11.480] You object to the deadly sins, just like the cross-examination practice script tells you to. [48:11.480 --> 48:19.480] Their prima facie case does not exist unless you allow them to associate your actions with the actions of transportation. [48:19.480 --> 48:25.480] You do that by objecting because there's no evidence you were engaged in transportation. [48:25.480 --> 48:30.480] There is only a presumption, not evidence. [48:30.480 --> 48:39.480] And what they're attempting to do is to create an irrebuttable presumption of law in order to railroad you through the court. [48:39.480 --> 48:45.480] And they cannot criminally convict on irrebuttable presumptions. [48:45.480 --> 48:46.480] Okay, so... [48:46.480 --> 48:50.480] You have to object to the assertion that you were engaged in transportation. [48:50.480 --> 48:56.480] They do that by using the deadly sins that are in the script. [48:56.480 --> 48:58.480] Now, okay, the objection comes... [48:58.480 --> 49:03.480] I mean, obviously, my court date's not until like 31st of next month or this month or something. [49:03.480 --> 49:04.480] I don't remember. [49:04.480 --> 49:06.480] I just got the ticket today. [49:06.480 --> 49:09.480] So I need to object to those before I even walk in the courtroom. [49:09.480 --> 49:10.480] No. [49:10.480 --> 49:12.480] If you do that... [49:12.480 --> 49:13.480] Okay. [49:13.480 --> 49:16.480] You obviously don't have the seminar material, do you? [49:16.480 --> 49:17.480] No. [49:17.480 --> 49:19.480] Okay. [49:19.480 --> 49:21.480] In the seminar material, you don't... [49:21.480 --> 49:23.480] Everything you do is done in writing. [49:23.480 --> 49:26.480] Everything. [49:26.480 --> 49:27.480] Okay? [49:27.480 --> 49:33.480] Even after the fact it's done in writing, especially when there's not a court of record that you're in. [49:33.480 --> 49:41.480] But in any case, what you file is a notice of a standing objection, not a motion. [49:41.480 --> 49:47.480] A notice of your standing objection to the deadly sins. [49:47.480 --> 49:54.480] When and if the court attempts to rule on your notice, you must object. [49:54.480 --> 50:02.480] Because it is not a motion requiring a ruling, nor is it one that the court is authorized to rule on. [50:02.480 --> 50:11.480] It is simply a notice of your intent to defend based upon the objections. [50:11.480 --> 50:14.480] They're not allowed to deny you to do that. [50:14.480 --> 50:18.480] But if you try to do it in the form of a motion and they deny it, [50:18.480 --> 50:24.480] the first thing the prosecutor is going to do is attempt to block your ability to object by asking for a motion [50:24.480 --> 50:29.480] and limiting to keep you from discussing or doing anything in relation to those terms. [50:29.480 --> 50:31.480] We clear? [50:31.480 --> 50:33.480] I got it. [50:33.480 --> 50:38.480] So, yeah, that's what I was saying is that this is done, like I said, in writing, not in the courtroom. [50:38.480 --> 50:39.480] I don't wait until the day of. [50:39.480 --> 50:41.480] I do this beforehand. [50:41.480 --> 50:42.480] Absolutely. [50:42.480 --> 50:46.480] You get it filed as soon as humanly possible. [50:46.480 --> 50:47.480] Okay. [50:47.480 --> 50:51.480] And like I say, if you don't have the seminar material, then you're already behind the eight ball in that regard [50:51.480 --> 50:57.480] because you have to learn a lot in how to write it quickly. [50:57.480 --> 51:00.480] Yeah. [51:00.480 --> 51:01.480] Okay. [51:01.480 --> 51:02.480] So notice. [51:02.480 --> 51:04.480] So do the notice of objection. [51:04.480 --> 51:05.480] I'm sorry. [51:05.480 --> 51:06.480] Yeah, notice. [51:06.480 --> 51:09.480] There's actually four things you need to file. [51:09.480 --> 51:12.480] Everything needs to be filed under the rule of special appearance. [51:12.480 --> 51:13.480] Everything. [51:13.480 --> 51:15.480] I don't care what it is. [51:15.480 --> 51:22.480] Affidavits, notices, motions, briefs, everything is filed under special appearance [51:22.480 --> 51:29.480] because your whole thing about this is to challenge the jurisdiction of the court based upon lack of standing by the state [51:29.480 --> 51:33.480] no regulable activity that would give the state standing, [51:33.480 --> 51:40.480] therefore no subject matter or impersonal jurisdiction is available to the court. [51:40.480 --> 51:45.480] This is all about standing and jurisdiction. [51:45.480 --> 51:49.480] Yeah. [51:49.480 --> 51:50.480] So what are the other two things? [51:50.480 --> 51:51.480] I mean, notice of standing. [51:51.480 --> 51:57.480] Special appearance and motion to dismiss, affidavit if not in transportation or commerce, [51:57.480 --> 52:06.480] notice of waiver of counsel and notice of standing objections to the eight deadly sins. [52:06.480 --> 52:07.480] Okay. [52:07.480 --> 52:17.480] There's a lot that needs to be put into that special appearance motion to dismiss, however. [52:17.480 --> 52:19.480] Yeah, I would imagine so. [52:19.480 --> 52:22.480] It's not as easy as just shuffling paperwork around. [52:22.480 --> 52:23.480] Yeah. [52:23.480 --> 52:24.480] So therein lies the rub. [52:24.480 --> 52:30.480] There's a lot of information you've got to have in that that I don't know that you are going to have in that [52:30.480 --> 52:33.480] if you don't know what's going on. [52:33.480 --> 52:35.480] Yeah. [52:35.480 --> 52:36.480] Okay. [52:36.480 --> 52:41.480] Well, that answers my question for the time being. [52:41.480 --> 52:46.480] I will figure out what I can do and maybe call back on Monday or go to your class on Sunday. [52:46.480 --> 52:47.480] Okay. [52:47.480 --> 52:48.480] Hope to see you there. [52:48.480 --> 52:49.480] Hash it out some more of that. [52:49.480 --> 52:50.480] All right. [52:50.480 --> 52:51.480] Thank you. [52:51.480 --> 52:52.480] I appreciate it. [52:52.480 --> 52:53.480] You're welcome. [52:53.480 --> 52:54.480] Okay. [52:54.480 --> 52:55.480] Sorry for the mix up there, Matt. [52:55.480 --> 52:56.480] You're right. [52:56.480 --> 52:59.480] I've got too many callers going on and too little time to keep it straight. [52:59.480 --> 53:01.480] Now we're going to go to Kevin in Texas. [53:01.480 --> 53:03.480] Kevin, what can we do for you? [53:03.480 --> 53:05.480] Hey, Eddie. [53:05.480 --> 53:14.480] Say, my son was found guilty by a jury for a traffic infraction, and the cop perjured himself on the stand, [53:14.480 --> 53:16.480] and we have proof that he did. [53:16.480 --> 53:17.480] Okay. [53:17.480 --> 53:19.480] Explain what you mean by perjured himself. [53:19.480 --> 53:22.480] What was the conditions and what was the perjury? [53:22.480 --> 53:32.480] The prosecuting attorney asked the cop if my son pulled into the parking lot [53:32.480 --> 53:39.480] and went through the parking lot without stopping anywhere, and he said yes, which was a lie, [53:39.480 --> 53:44.480] because we have a receipt from the restaurant that we stopped at. [53:44.480 --> 53:48.480] Okay. [53:48.480 --> 53:58.480] What was the police report from the officer? Does it say whose parking lot he allegedly went through? [53:58.480 --> 54:01.480] Yeah, we didn't get the police report. [54:01.480 --> 54:02.480] Okay. [54:02.480 --> 54:08.480] Then what was it that they testified to that's in the transcript that said he went into this parking lot [54:08.480 --> 54:14.480] and came back out without stopping? [54:14.480 --> 54:16.480] What do you mean? [54:16.480 --> 54:19.480] The transcript of the trial. [54:19.480 --> 54:22.480] Was there a court reporter there? [54:22.480 --> 54:25.480] No. I think it was just recorded. [54:25.480 --> 54:28.480] Okay. Did you get a copy of the recording? [54:28.480 --> 54:29.480] Not yet. [54:29.480 --> 54:34.480] Okay. So what is your evidence then? [54:34.480 --> 54:38.480] The receipt from the restaurant we stopped at. [54:38.480 --> 54:45.480] Okay. Did the officer testify at a particular time when he saw you go through the parking lot? [54:45.480 --> 54:46.480] No, sir. [54:46.480 --> 54:53.480] No. So how then does the receipt help you? [54:53.480 --> 54:55.480] Well, the receipt has date and time on it. [54:55.480 --> 55:02.480] Yeah, but you didn't get anything in the record about what time the officer saw this happen. [55:02.480 --> 55:07.480] So the receipt could be any time before he saw it or any time after he saw it. [55:07.480 --> 55:09.480] You see the problem? [55:09.480 --> 55:11.480] I got you. [55:11.480 --> 55:15.480] So did you use an attorney or did he handle this himself? [55:15.480 --> 55:17.480] He handled it himself. [55:17.480 --> 55:19.480] And he didn't ask that question? [55:19.480 --> 55:23.480] No. He wasn't prepared. [55:23.480 --> 55:25.480] Yeah. I'm going to go with that. [55:25.480 --> 55:36.480] But the problem is without that you don't have a timeframe reference for the receipt versus the testimony to prove that it was perjury. [55:36.480 --> 55:39.480] I got you. [55:39.480 --> 55:42.480] Now, how many people were in the car? [55:42.480 --> 55:49.480] There was two of right mind and one dementia patient. [55:49.480 --> 55:54.480] Okay. Is one of the two of right mind the accused? [55:54.480 --> 55:55.480] Yes, sir. [55:55.480 --> 56:00.480] Okay. Well, then here's the situation. [56:00.480 --> 56:16.480] The two of right mind can get sworn affidavits as to what time and place and parking lot and date as to when this officer pulled into the parking lot and when y'all did and when you left. [56:16.480 --> 56:24.480] And the fact that now let me see, let me run this by you and you tell me if this is accurate or not. [56:24.480 --> 56:32.480] Did the officer pull you over before or after you entered the parking lot? [56:32.480 --> 56:38.480] Well, his lights came on as soon as we entered the parking lot. [56:38.480 --> 56:42.480] Was he behind you, beside you, coming towards you? [56:42.480 --> 56:44.480] He was behind us. [56:44.480 --> 56:47.480] How far? [56:47.480 --> 56:50.480] Oh, probably 20 feet maybe. [56:50.480 --> 56:54.480] Okay. So you already knew a cop was riding your butt. [56:54.480 --> 56:55.480] Right. [56:55.480 --> 56:58.480] And then you turned into this parking lot. [56:58.480 --> 56:59.480] Right. [56:59.480 --> 57:08.480] And what was the line of questioning asked to the cop that would have made his statement perjurious? [57:08.480 --> 57:18.480] Well, the prosecuting attorney asked him if we drove through the parking lot without stopping anywhere and he said yes. [57:18.480 --> 57:24.480] Okay. Describe to me what you did when you made the turn into the parking lot. [57:24.480 --> 57:43.480] Well, we turned left across the highway and went through one parking lot and he pulled in behind us in the first parking lot and we drove straight across another street into another parking. [57:43.480 --> 57:49.480] Did his lights come on in the first parking lot or as you were entering the second? [57:49.480 --> 57:54.480] I think it was as right as we entered the second. [57:54.480 --> 58:00.480] You think? I need you to be a little bit clearer on that. [58:00.480 --> 58:10.480] I'm pretty sure because I was sitting in the back seat so I couldn't really see what was going on behind us. [58:10.480 --> 58:21.480] Okay. All right. Well, in any case, we'll pick this up on the other side so chew on that for a minute or two while we're on break and then we'll discuss it more when I come back. [58:21.480 --> 58:22.480] Okay. [58:22.480 --> 58:23.480] Yes. [58:23.480 --> 58:35.480] All right, folks. This is rule of law radio. The call in number 512-646-1984. Michael in Kansas. I see you there. Please don't go anywhere. I'll pick you up after we get done with Kevin. [58:35.480 --> 58:50.480] I need some more callers, folks. I got another whole hour here so give me somebody to talk to when I'm done with these gentlemen. We'll be right back. [58:50.480 --> 59:06.480] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it. Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture. [59:06.480 --> 59:27.480] Enter the recovery version. First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes. Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the word beyond which you've ever experienced before. [59:27.480 --> 59:50.480] Bibles for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com. That's freestudybible.com. [59:50.480 --> 01:00:02.480] You are listening to the Logos Radio Network, logosradionetwork.com. [01:00:02.480 --> 01:00:14.480] You're listening to the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com. [01:00:14.480 --> 01:00:27.480] This is Justin Armand with your Liberty Beat for June 23, 2014. Gold opens today at $1,318. Silver at $20.89 and Bitcoin is trading at $588. [01:00:27.480 --> 01:00:41.480] Support for the Liberty Beat comes from the notorious activist Michael Cargill. He has a new show called Come and Talk It, live Sunday afternoon 4 p.m. on 1370 a.m. in Austin. That's 1370 a.m. on Sunday at 4 p.m. [01:00:41.480 --> 01:00:52.480] Support comes from My Magic Mud, an all-natural teeth whitening and strengthening remedy. Go to mymagicmud.com to hear a short interview with Dr. Griffin Cole. That's mymagicmud.com. [01:00:52.480 --> 01:01:03.480] And now the news. Dozens of supporters, family and friends rallied outside the Williamson County Courthouse last Thursday protesting harsh charges brought against an Austin teen for pot brownies. [01:01:03.480 --> 01:01:12.480] The Liberty Beat's investigative journalist Julie Wilson sat front row in the courtroom as Jacob Lavaro pleaded not guilty to what would be a first degree felony if convicted. [01:01:12.480 --> 01:01:29.480] Prior to this, I wasn't even thinking about marijuana. But I'll tell you from now on, I will be. That's naturally the health and safety of my son and seeing that he's treated fairly as any citizen should be of this United States, of this great state of Texas. [01:01:29.480 --> 01:01:35.480] His lawyer hopes to get the charges reduced to a misdemeanor and is prepared to take the case to trial if necessary. [01:01:35.480 --> 01:01:46.480] Check out the Liberty Beat.com for live on the scene footage, including interviews with Lavaro's friends and family. [01:01:46.480 --> 01:01:53.480] Chicago is set to implement data collecting sensor boxes on street polls through eight intersections on Michigan Avenue. [01:01:53.480 --> 01:02:01.480] In order to reach optimal concealment, the spy boxes were designed by the School of the Art Institute, secured by more than one million in donations. [01:02:01.480 --> 01:02:07.480] The data collecting sensors will count pedestrians by observing cell phone traffic, presumably via Wi-Fi network. [01:02:07.480 --> 01:02:22.480] Equipped with infrared cameras, researchers say they'll also record air quality, light intensity, sound volume, heat, precipitation and wind, all in the name of safety and innovation. [01:02:22.480 --> 01:02:29.480] Last week, two Austin men, both 23 years old, were arrested on charges of attempting to provide material support to terrorists. [01:02:29.480 --> 01:02:35.480] Both men were indicted separately by a federal grand jury in the Western District of Texas Wednesday. [01:02:35.480 --> 01:02:43.480] The Liberty Beat learned that 12 government agencies collaborated with the Central Texas Joint Terrorism Task Force to bring about the charges. [01:02:43.480 --> 01:02:48.480] Check out the full report on our website at thelibertybeat.com to learn which agencies were involved. [01:02:48.480 --> 01:02:57.480] Support for this program comes from Cabo Vaz, now with two locations in Austin, at 500 East Bend White Boulevard and 2828 Rio Grande Boulevard. [01:02:57.480 --> 01:03:22.480] You've been listening to the Liberty Beat. [01:03:27.480 --> 01:03:30.480] I won't pay for the war with my body. [01:03:30.480 --> 01:03:34.480] Ain't gonna pay for the car with my money. [01:03:34.480 --> 01:03:37.480] I won't pay for the fun with my body. [01:03:37.480 --> 01:03:40.480] Cause their class wicked and their logic shoddy. [01:03:40.480 --> 01:03:42.480] Ain't gonna pay for the war with my body. [01:03:42.480 --> 01:03:46.480] Alright folks, we are back. This is Rule of Law Radio. [01:03:46.480 --> 01:03:49.480] Alright, we're gonna finish up Kevin. [01:03:49.480 --> 01:03:52.480] Alright Kevin, go ahead. [01:03:52.480 --> 01:04:01.480] The cop, after he finished the stop, he was behind us and we pulled into the... [01:04:01.480 --> 01:04:05.480] Wait, wait, wait. We hadn't got to finishing the stop yet. [01:04:05.480 --> 01:04:10.480] We were at the point where you were pulling into the first parking lot and going through it to the second parking lot. [01:04:10.480 --> 01:04:14.480] When did the cop turn his lights on? [01:04:14.480 --> 01:04:20.480] Right, as far as I know, right as we pulled into the second parking lot. [01:04:20.480 --> 01:04:22.480] Okay. [01:04:22.480 --> 01:04:32.480] So, during the trial then, nobody thought to clarify which parking lot you went through and which one you stopped in. [01:04:32.480 --> 01:04:47.480] Actually, we did clarify, or my son did, from the video that the prosecuting team showed. [01:04:47.480 --> 01:04:58.480] Okay, well in the video, that would have shown you when the lights came on. [01:04:58.480 --> 01:05:01.480] Right? [01:05:01.480 --> 01:05:05.480] Was there some kind of little icon there? [01:05:05.480 --> 01:05:08.480] No, you would see the lights flashing in the video. [01:05:08.480 --> 01:05:12.480] Things would start to change color. Was it a day stop or a night stop? [01:05:12.480 --> 01:05:14.480] It was day stop. [01:05:14.480 --> 01:05:21.480] Okay. Did the sound suddenly come on from a silent camera? [01:05:21.480 --> 01:05:23.480] No, sir. [01:05:23.480 --> 01:05:28.480] Okay, so the whole thing was silent? [01:05:28.480 --> 01:05:35.480] Yeah, until the cop got out and came up to the car. [01:05:35.480 --> 01:05:39.480] Okay, the audio didn't kick in until the cop got out of the car? [01:05:39.480 --> 01:05:41.480] Right. [01:05:41.480 --> 01:05:52.480] Because normally the audio on the onboard cameras kicks in as soon as the lights are activated. [01:05:52.480 --> 01:06:01.480] Hey, what do you say, my son went down to get a copy of the video and they told him they couldn't release that? [01:06:01.480 --> 01:06:10.480] That's baloney. They absolutely can, but he needs to do a public information request to force them to do it. [01:06:10.480 --> 01:06:13.480] I got you. [01:06:13.480 --> 01:06:24.480] And so if the video shows us pulling in in front of the restaurant, isn't that proof that we stopped? [01:06:24.480 --> 01:06:30.480] Well, again, that depends on when he turned the lights on and what he's testifying to. [01:06:30.480 --> 01:06:33.480] No, this was after the stop. [01:06:33.480 --> 01:06:38.480] Okay. The stop is ongoing until the cop lets you go and leaves. [01:06:38.480 --> 01:06:42.480] Yeah, it was after he let us go. [01:06:42.480 --> 01:06:53.480] My son pulled in front of the restaurant and my son had my mother's wheelchair out of the vehicle before the cop drove by us. [01:06:53.480 --> 01:07:00.480] When you say drove by you, that was after the stop was over. You just said that, right? [01:07:00.480 --> 01:07:02.480] Right. [01:07:02.480 --> 01:07:13.480] Okay. So at that point, you hadn't already stopped at the restaurant. So the receipt came after the stop was concluded. [01:07:13.480 --> 01:07:18.480] Right. But the video would show us stopping at the restaurant. [01:07:18.480 --> 01:07:26.480] Again, that depends on when he turned the lights on as to how well that's going to be received. [01:07:26.480 --> 01:07:36.480] What your intent is versus how it's perceived by the video and the people watching it may not be the same thing. [01:07:36.480 --> 01:07:46.480] If the cop, for instance, turned his lights on while you were in the street and then you turned into a parking lot and you went through one to go into another [01:07:46.480 --> 01:07:54.480] while he's behind you with lights on the whole time, then the receipt is not proof that he perjured himself. [01:07:54.480 --> 01:07:58.480] In fact, it's exactly the opposite. It's proof he didn't. [01:07:58.480 --> 01:08:02.480] That was not the case. He did not have his lights on. [01:08:02.480 --> 01:08:06.480] I'm just giving you an example. I'm not saying it is the case. [01:08:06.480 --> 01:08:14.480] I'm just trying to get you to understand how close you are to the edge of nowhere to go with that receipt. [01:08:14.480 --> 01:08:21.480] Okay? Because the question can always be asked, well, would you have actually stopped there if he hadn't turned his lights on? [01:08:21.480 --> 01:08:28.480] Well, if you were already entering that parking lot before he ever stopped you by turning his lights on, [01:08:28.480 --> 01:08:36.480] then that works far better in your favor than saying you were doing it anyway after he had turned them on. You follow? [01:08:36.480 --> 01:08:37.480] Right. [01:08:37.480 --> 01:08:46.480] That's what we've got to figure out here to make your argument even begin to fly. [01:08:46.480 --> 01:08:51.480] I got you. [01:08:51.480 --> 01:08:55.480] Well, so what can we do? [01:08:55.480 --> 01:09:08.480] Well, the first thing you've got to do is get your hands on that video and find out how right or wrong you actually are in sequence of events. [01:09:08.480 --> 01:09:12.480] How long do they have to keep that video? [01:09:12.480 --> 01:09:24.480] Well, until it's used at trial or until a certain number of days after it's used at trial or until a certain number of days after all appeal process has been completed. [01:09:24.480 --> 01:09:27.480] How long after trial? [01:09:27.480 --> 01:09:33.480] 60 to 90 days. [01:09:33.480 --> 01:09:35.480] Okay. [01:09:35.480 --> 01:09:38.480] But you said they used it at trial. [01:09:38.480 --> 01:09:42.480] I mean, they cut off the video, right? [01:09:42.480 --> 01:09:43.480] Okay, wait, wait. [01:09:43.480 --> 01:09:45.480] Not relevant when they turned it off. [01:09:45.480 --> 01:09:48.480] You said they used it at trial. [01:09:48.480 --> 01:09:52.480] Right, but they didn't go as far as him pulling in front of the restaurant. [01:09:52.480 --> 01:09:54.480] They conveniently cut it off. [01:09:54.480 --> 01:09:57.480] Okay, question. [01:09:57.480 --> 01:10:04.480] Why did he not object to them using the video when the video had been requested and they had refused to provide it? [01:10:04.480 --> 01:10:09.480] Because he's stupid. [01:10:09.480 --> 01:10:12.480] Okay. [01:10:12.480 --> 01:10:15.480] The video is part of the evidence of the record now. [01:10:15.480 --> 01:10:19.480] You don't even have to go through the police agency to get it. [01:10:19.480 --> 01:10:23.480] It should be in the court record along with everything else. [01:10:23.480 --> 01:10:33.480] Just go to the clerk of the court and say, I need to see everything associated with this case, including everything that was used as exhibits for evidence. [01:10:33.480 --> 01:10:43.480] And what if, can they say that the only part they showed at trial was the only thing they have? [01:10:43.480 --> 01:10:49.480] Not unless the video was edited by the prosecutor to contain only that. [01:10:49.480 --> 01:11:01.480] And if that's the case, then you turn around and file a public information request and get the entire video from the police department of the event. [01:11:01.480 --> 01:11:05.480] And if it shows us pulling in front of the restaurant... [01:11:05.480 --> 01:11:14.480] Again, it needs to tell us first when he turned his lights on as to whether or not you can even pursue that argument. [01:11:14.480 --> 01:11:18.480] And if that is the case, then... [01:11:18.480 --> 01:11:31.480] Then since the officer never initiated the stop until you entered the parking lot of the second business, if that is the case, now he's committed perjury. [01:11:31.480 --> 01:11:34.480] I got you. [01:11:34.480 --> 01:11:38.480] And how do we go from there? [01:11:38.480 --> 01:11:42.480] You have to appeal. How long ago was the trial? [01:11:42.480 --> 01:11:44.480] Probably about a month ago. [01:11:44.480 --> 01:11:50.480] And you're already hosed. You only had, this was a court of no record? [01:11:50.480 --> 01:11:51.480] Right. [01:11:51.480 --> 01:11:56.480] You only had ten days from the date of the judgment to get your appeal filed. [01:11:56.480 --> 01:12:01.480] Oh, I got you. [01:12:01.480 --> 01:12:05.480] Alright, well that answers my question then. [01:12:05.480 --> 01:12:10.480] Alright. I would get my hands on the video anyway. [01:12:10.480 --> 01:12:13.480] I mean, he'd still be guilty of perjury, wouldn't he? [01:12:13.480 --> 01:12:18.480] You can still try to get the criminal charges pressed. It's good luck on getting anybody to do anything with it. [01:12:18.480 --> 01:12:19.480] Right. [01:12:19.480 --> 01:12:31.480] Now, you can try to challenge it on an appeal based upon the fact that the officer offered perjured testimony, but you got to be able to prove that. [01:12:31.480 --> 01:12:36.480] So you got to have the video, the whole thing, before you can do that. [01:12:36.480 --> 01:12:38.480] Well, he had it. [01:12:38.480 --> 01:12:47.480] And you can state that the prosecution refused to turn the video over to the defense prior to trial. [01:12:47.480 --> 01:12:48.480] Okay. [01:12:48.480 --> 01:12:57.480] But you got to be able to show that you actually requested the video, which if you did it verbally instead of in writing, guess what you're not going to be able to do? [01:12:57.480 --> 01:12:59.480] That's what he did. [01:12:59.480 --> 01:13:05.480] Rule number one, everything is done in writing. [01:13:05.480 --> 01:13:16.480] Right. Well, he went down there without me, so I don't know. These kids these days, I don't know. [01:13:16.480 --> 01:13:20.480] They need to start showing up in the class if they're going to try to fight this stuff. [01:13:20.480 --> 01:13:25.480] Yeah, really. Well, the video games are more important to them. [01:13:25.480 --> 01:13:32.480] Well, cut off the money he uses to buy those and tell him he's got to use it to pay his own fines from now on and see how long that lasts. [01:13:32.480 --> 01:13:37.480] Well, yeah, that's what I told him I wasn't going to pay anything. [01:13:37.480 --> 01:13:46.480] And now he's got a warrant out for his arrest for not showing up for an indigency hearing. [01:13:46.480 --> 01:13:51.480] Why are they holding an indigency hearing if they've already convicted him? [01:13:51.480 --> 01:13:57.480] Because I don't know. [01:13:57.480 --> 01:14:01.480] Well, I wouldn't be trying to find out if I was him. [01:14:01.480 --> 01:14:08.480] The judge was mad because my son filed a judicial conduct complaint against one of the judges. [01:14:08.480 --> 01:14:16.480] That's still nothing that gives them the authority to hold an indigency hearing if they've already had a trial and found him guilty. [01:14:16.480 --> 01:14:25.480] The only reason they'd be conducting an indigency hearing is to see whether or not he qualifies to go forward without having to file an appeal bond. [01:14:25.480 --> 01:14:29.480] And this was after the trial. [01:14:29.480 --> 01:14:34.480] Well, then we need to find out whether or not he's actually trying to do the appeal. [01:14:34.480 --> 01:14:40.480] But if he missed the hearing for the indigency determination for the appeal, then he's screwed anyway. [01:14:40.480 --> 01:14:43.480] Oh, no, no, it wasn't an appeal. [01:14:43.480 --> 01:14:49.480] The judge is out of the blue, decided to hold a hearing to see if he was really indigent. [01:14:49.480 --> 01:14:53.480] The judge has no authority to do that. [01:14:53.480 --> 01:14:54.480] Oh, he doesn't? [01:14:54.480 --> 01:14:55.480] No. [01:14:55.480 --> 01:14:58.480] The indigency determination can only be had in conjunction with another case. [01:14:58.480 --> 01:15:03.480] It's not something to be done separate and apart from any other issue before the court. [01:15:03.480 --> 01:15:09.480] If there's no pending case, there's no reason for the determination of indigency. [01:15:09.480 --> 01:15:15.480] Oh, my God. [01:15:15.480 --> 01:15:25.480] The judge is only allowed to make such a determination at the 15.17 hearing or on the appeals process. [01:15:25.480 --> 01:15:28.480] Huh. [01:15:28.480 --> 01:15:33.480] So how do we go forth from here then? [01:15:33.480 --> 01:15:37.480] Get the video. [01:15:37.480 --> 01:15:46.480] Get what is in the court record, including any recordings that were made out of the trial, if any. [01:15:46.480 --> 01:15:52.480] I mean, as far as the warrant for the missing the indigency hearing. [01:15:52.480 --> 01:15:57.480] Well, he can file a document to quash the warrant for lack of jurisdiction. [01:15:57.480 --> 01:16:00.480] There's no issue before the court requiring the hearing. [01:16:00.480 --> 01:16:08.480] But then again, you need to check with your son and see if he's gone through the process of perfecting his appeal. [01:16:08.480 --> 01:16:09.480] He didn't appeal? [01:16:09.480 --> 01:16:16.480] Well, if he didn't appeal, then the indigency hearing is groundless and without jurisdiction. [01:16:16.480 --> 01:16:17.480] Okay. [01:16:17.480 --> 01:16:20.480] So you file to quash the warrant for lack of jurisdiction. [01:16:20.480 --> 01:16:22.480] The court has no issue to be heard. [01:16:22.480 --> 01:16:33.480] It can't initiate its own proceedings against somebody, and especially not one it's going to sit in judgment of. [01:16:33.480 --> 01:16:34.480] Okay, great. [01:16:34.480 --> 01:16:35.480] Okay. [01:16:35.480 --> 01:16:41.480] So we file a motion to quash the. [01:16:41.480 --> 01:16:45.480] To quash or recall the warrant, yes. [01:16:45.480 --> 01:16:46.480] Okay. [01:16:46.480 --> 01:16:47.480] Okay, great. [01:16:47.480 --> 01:16:48.480] All right, Kevin. [01:16:48.480 --> 01:16:49.480] Thanks for calling in. [01:16:49.480 --> 01:16:50.480] All right, folks. [01:16:50.480 --> 01:16:53.480] Call in number 512-646-1984. [01:16:53.480 --> 01:16:54.480] Michael, you hang on. [01:16:54.480 --> 01:17:01.480] I'll pick you up when we get back. [01:17:01.480 --> 01:17:09.480] At Capital Coin and Bullion, our mission is to be your preferred shopping destination by delivering excellent customer service and outstanding value at an affordable price. [01:17:09.480 --> 01:17:14.480] We provide a wide assortment of your favorite products featuring a great selection of high quality coins and precious metals. 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[01:19:10.480 --> 01:19:37.480] All right, folks, we are back. [01:19:37.480 --> 01:19:41.480] This is Rule of Law Radio, and we are going to go to Michael in Kansas. [01:19:41.480 --> 01:19:44.480] Michael, what can we do for you? [01:19:44.480 --> 01:19:50.480] Well, if you feel like doing something other than traffic for a moment, are you up for that? [01:19:50.480 --> 01:19:53.480] Well, that depends on what it is you want me to get into. [01:19:53.480 --> 01:20:04.480] Okay. Well, I guess it's just general information about when I might make a motion to dismiss. [01:20:04.480 --> 01:20:08.480] This is a case of answering a petition for eviction and rent. [01:20:08.480 --> 01:20:13.480] Well, the eviction part is moved point because I'm gone, moved. [01:20:13.480 --> 01:20:18.480] I talked to Don about this on last Tuesday, and he gave me some pretty good ideas, [01:20:18.480 --> 01:20:23.480] but I don't know anything about court and procedures and etc. [01:20:23.480 --> 01:20:29.480] Okay. So what exactly is it you're wanting to dismiss and object to? [01:20:29.480 --> 01:20:35.480] Okay, there is no agreement. There is no contract. There is no... [01:20:35.480 --> 01:20:40.480] Okay, explain that. There is no agreement for what? [01:20:40.480 --> 01:20:47.480] For rent, even renting the property or paying rent. [01:20:47.480 --> 01:20:50.480] Okay. [01:20:50.480 --> 01:21:00.480] Well, long story short, I lived in this duplex going on 13 years, 12 years with my old brother and friend, [01:21:00.480 --> 01:21:06.480] and he had to go to the hospital in Alzheimer's, I mean a nursing home. [01:21:06.480 --> 01:21:13.480] Before that happened, his sisters had him sign a contract for deed of some kind. [01:21:13.480 --> 01:21:15.480] It's a really hunky deal. [01:21:15.480 --> 01:21:24.480] At any rate, I was in the office of this guy, Jim R., I'll call him, [01:21:24.480 --> 01:21:30.480] when the contract was signed, witnessed by his two or three sisters and a brother, [01:21:30.480 --> 01:21:33.480] because he didn't even know what he was signing. [01:21:33.480 --> 01:21:39.480] That is Lewis, the guy on the other side of the duplex. [01:21:39.480 --> 01:21:47.480] Anyway, at the time it was being discussed at Jim R.'s office, [01:21:47.480 --> 01:21:52.480] he had asked me, he said, well, do you think you might like to rent the big site? [01:21:52.480 --> 01:21:57.480] Well, there's a possibility, I don't know, but check it out. [01:21:57.480 --> 01:22:02.480] And that's the way it was left. And then Lewis went to a nursing home in July, [01:22:02.480 --> 01:22:09.480] and so end of August I called to find out what's up, what's going on here, what are we going to do, [01:22:09.480 --> 01:22:12.480] and I'll get back with you in a couple of days. [01:22:12.480 --> 01:22:20.480] So he's not the signer of the sales contract, it's his son, Sean R. [01:22:20.480 --> 01:22:23.480] Sean R. is the plaintiff in this case. [01:22:23.480 --> 01:22:31.480] I never talked to Sean R., never had a conversation, that is, until three weeks ago, tomorrow, on the 3rd. [01:22:31.480 --> 01:22:34.480] Okay, what is his claim? [01:22:34.480 --> 01:22:41.480] The claim is for rent from January through June. [01:22:41.480 --> 01:22:50.480] And there is no agreement, we never had a meeting of the minds or orally or in writing, nothing. [01:22:50.480 --> 01:22:54.480] Okay, you never moved from the unit you've been in, correct? [01:22:54.480 --> 01:22:56.480] Correct, right. [01:22:56.480 --> 01:23:05.480] Okay, and no one's approached you about paying rent until this suit was filed. [01:23:05.480 --> 01:23:07.480] That's right. [01:23:07.480 --> 01:23:12.480] Okay, then you can file a motion to dismiss immediately. [01:23:12.480 --> 01:23:21.480] You can file a motion to dismiss for stating a cause upon which relief cannot be granted. [01:23:21.480 --> 01:23:25.480] That's about the first thing that's come out of my mouth, what you're saying, huh? [01:23:25.480 --> 01:23:27.480] But you need to do it in writing. [01:23:27.480 --> 01:23:29.480] You don't do anything verbally. [01:23:29.480 --> 01:23:33.480] You do it in writing, everything. [01:23:33.480 --> 01:23:38.480] If he's filed a complaint, you need to go through his complaint line by line [01:23:38.480 --> 01:23:45.480] and rebut every assertion he makes as to what he says you did or didn't do, [01:23:45.480 --> 01:23:49.480] because that all has to be stated in his complaint. [01:23:49.480 --> 01:23:51.480] It was not. [01:23:51.480 --> 01:23:55.480] Then he, again, he hasn't filed a claim upon which relief can be granted, [01:23:55.480 --> 01:24:00.480] but you need to rebut everything that is in there regardless of what it is. [01:24:00.480 --> 01:24:04.480] And then when it's all said and done, you can make your argument of [01:24:04.480 --> 01:24:07.480] there has never been a contract for leasing, renting, [01:24:07.480 --> 01:24:15.480] or otherwise charging rent for this unit at this address for this period of time. [01:24:15.480 --> 01:24:21.480] I have resided at this location for, or been docile at this location for this [01:24:21.480 --> 01:24:25.480] period of time and have never paid rent by an agreement between me [01:24:25.480 --> 01:24:29.480] and the gentleman that's now in the home. [01:24:29.480 --> 01:24:30.480] Right. [01:24:30.480 --> 01:24:31.480] Okay. [01:24:31.480 --> 01:24:34.480] There has been no new contract negotiated, signed, [01:24:34.480 --> 01:24:39.480] or agreed to it anyway by me and his heirs. [01:24:39.480 --> 01:24:40.480] That's right. [01:24:40.480 --> 01:24:46.480] And they have never approached me to vacate the premises or pay rent. [01:24:46.480 --> 01:24:50.480] Have they? [01:24:50.480 --> 01:24:51.480] I'm sorry. [01:24:51.480 --> 01:24:52.480] Say that again, Eddie. [01:24:52.480 --> 01:24:56.480] They have never approached you with the demand of vacate the premises [01:24:56.480 --> 01:24:59.480] or pay rent, have they? [01:24:59.480 --> 01:25:02.480] Not until a couple of weeks ago. [01:25:02.480 --> 01:25:04.480] When he filed a suit. [01:25:04.480 --> 01:25:06.480] Well, he left. [01:25:06.480 --> 01:25:07.480] This is another deal. [01:25:07.480 --> 01:25:10.480] He left a three-day notice to quit. [01:25:10.480 --> 01:25:15.480] Now, this was dated June the 2nd. [01:25:15.480 --> 01:25:22.480] On June the 3rd, I was just leaving the house to go to my new place to work on it. [01:25:22.480 --> 01:25:30.480] And here he is backing his trailer into the driveway to let off some construction material. [01:25:30.480 --> 01:25:32.480] So I went back. [01:25:32.480 --> 01:25:35.480] He thought I had already moved. [01:25:35.480 --> 01:25:37.480] Third or fourth party information. [01:25:37.480 --> 01:25:44.480] This poor guy was taking third or fourth party information that I had already moved by the 1st of June. [01:25:44.480 --> 01:25:51.480] So he dates this the 2nd when he thought on the 3rd that I had already moved, [01:25:51.480 --> 01:25:56.480] and it wasn't put on my door until the 4th, and it wasn't signed either. [01:25:56.480 --> 01:25:58.480] I don't know if it happened. [01:25:58.480 --> 01:26:02.480] And if it doesn't meet the requirements of Kansas law in relation to eviction proceedings, [01:26:02.480 --> 01:26:05.480] it's not valid anyway. [01:26:05.480 --> 01:26:08.480] You need to become familiar with what the eviction process is [01:26:08.480 --> 01:26:15.480] and what the tenant laws are for Kansas. [01:26:15.480 --> 01:26:24.480] Well, I got the basics of that, but I can't find where this three-day needs to be signed. [01:26:24.480 --> 01:26:26.480] It could have been a practical joke for all I know. [01:26:26.480 --> 01:26:31.480] Well, unless the statute specifically requires it to be signed, it may not be. [01:26:31.480 --> 01:26:36.480] But normally such things are required to be signed. [01:26:36.480 --> 01:26:38.480] All right. [01:26:38.480 --> 01:26:41.480] Well, that could be another sticky point. [01:26:41.480 --> 01:26:43.480] But you're right. [01:26:43.480 --> 01:26:51.480] On the 3rd is the first time that I ever had a conversation with this guy to explain to us. [01:26:51.480 --> 01:26:59.480] So it would be impossible to have any kind of agreement because he could tell any kind of lie. [01:26:59.480 --> 01:27:01.480] It feels like, I suppose. [01:27:01.480 --> 01:27:07.480] But back to what you were talking about, the claims. [01:27:07.480 --> 01:27:13.480] The claim, first claim is the plaintiff is the owner of the following described premise. [01:27:13.480 --> 01:27:20.480] Number two, the defendant has failed to pay rent under the agreement described above. [01:27:20.480 --> 01:27:25.480] There is no agreement described, no attachment of any kind. [01:27:25.480 --> 01:27:30.480] Right, and that's exactly why you need to be rebutting each of those point by point. [01:27:30.480 --> 01:27:33.480] First off, what proof has been offered to you or the court? [01:27:33.480 --> 01:27:38.480] Did he attach anything to the complaint that showed he had the deed with his name on it? [01:27:38.480 --> 01:27:39.480] No. [01:27:39.480 --> 01:27:43.480] Okay, then what is his proof that he owns the property? [01:27:43.480 --> 01:27:47.480] He has a contract signed with Lewis. [01:27:47.480 --> 01:27:48.480] No, no, no, no, no. [01:27:48.480 --> 01:27:53.480] What contract? [01:27:53.480 --> 01:27:58.480] That would be like a contract for deed type of instrument. [01:27:58.480 --> 01:28:00.480] Okay. [01:28:00.480 --> 01:28:05.480] Go down to the county clerk's office and ask them for a copy. [01:28:05.480 --> 01:28:07.480] What? [01:28:07.480 --> 01:28:09.480] I did that and there's no record. [01:28:09.480 --> 01:28:14.480] It has Lewis as the only owner on the deed. [01:28:14.480 --> 01:28:15.480] Okay. [01:28:15.480 --> 01:28:20.480] Well, if it has him as the only owner of the deed, where do you get in the statement, there's no record. [01:28:20.480 --> 01:28:25.480] That is the record. [01:28:25.480 --> 01:28:26.480] Right? [01:28:26.480 --> 01:28:28.480] Record of what? [01:28:28.480 --> 01:28:30.480] Oh, that the plaintiff is the only owner. [01:28:30.480 --> 01:28:33.480] Who owns the, whose name is on the deed? [01:28:33.480 --> 01:28:36.480] It's not this kid's name, is it? [01:28:36.480 --> 01:28:37.480] No. [01:28:37.480 --> 01:28:38.480] Okay. [01:28:38.480 --> 01:28:40.480] Go back to the county clerk. [01:28:40.480 --> 01:28:44.480] Get a copy of the deed. [01:28:44.480 --> 01:28:52.480] Make a copy of it, attach it to your response and say he doesn't own the property. [01:28:52.480 --> 01:29:02.480] He hasn't submitted any evidence to the court and I think he's perpetrating fraud upon the court because his name is not on this deed. [01:29:02.480 --> 01:29:03.480] Okay. [01:29:03.480 --> 01:29:07.480] If he has a contract and it is not registered, is that just a... [01:29:07.480 --> 01:29:11.480] His name is not on the deed. [01:29:11.480 --> 01:29:16.480] Does a judge rule that the gentleman is non-compus mentis and turned everything over to his family? [01:29:16.480 --> 01:29:20.480] If so, who is the executor of his estate? [01:29:20.480 --> 01:29:24.480] That's the only person that can put their name on the deed at this point. [01:29:24.480 --> 01:29:25.480] I know it. [01:29:25.480 --> 01:29:31.480] And there is no want you deed of any kind at this time. [01:29:31.480 --> 01:29:35.480] There has never been one and he's going to have a big problem when he does. [01:29:35.480 --> 01:29:42.480] Has there been a hearing for not to determine non-compus mentis, the mental state of the gentleman that owns it? [01:29:42.480 --> 01:29:43.480] Not. [01:29:43.480 --> 01:29:49.480] So unless he's actually signed everything over to somebody, he still owns it. [01:29:49.480 --> 01:29:50.480] So hang on just a second. [01:29:50.480 --> 01:29:53.480] We'll wrap this up on the other side, Michael. [01:29:53.480 --> 01:29:54.480] All right, folks. [01:29:54.480 --> 01:29:56.480] 512-646-1984. [01:29:56.480 --> 01:30:03.480] Give me a call. [01:30:03.480 --> 01:30:05.480] Quick, clench your fists. [01:30:05.480 --> 01:30:10.480] A military contractor has developed a scanner that can read your fingerprints from a distance. [01:30:10.480 --> 01:30:17.480] I'm Dr. Catherine Albrecht, and if being remotely fingerprinted gives you the chills, you won't want to miss my next segment. [01:30:17.480 --> 01:30:19.480] Privacy is under attack. [01:30:19.480 --> 01:30:23.480] When you give up data about yourself, you'll never get it back again. [01:30:23.480 --> 01:30:28.480] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:28.480 --> 01:30:33.480] Protect your rights, say no to surveillance, and keep your information to yourself. 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[01:33:41.480 --> 01:33:45.480] So, come on. Alright, Michael, go ahead. [01:33:45.480 --> 01:33:57.480] Okay. I guess what I wanted to ask you is to try to clarify if this contract for me that Lewis signed with the plaintiff, [01:33:57.480 --> 01:34:04.480] if it is not properly registered with a recorder of me, is it just a piece of paper with some words on it? [01:34:04.480 --> 01:34:09.480] Well, it shows there's an agreement between them for something. [01:34:09.480 --> 01:34:17.480] But if it's not to actually take possession, and he hasn't taken possession, he doesn't own it yet. [01:34:17.480 --> 01:34:23.480] Well, there was one place in the contract. I have a copy of it. [01:34:23.480 --> 01:34:32.480] It doesn't matter. The contract is not the deed. [01:34:32.480 --> 01:34:35.480] Okay. You follow? [01:34:35.480 --> 01:34:39.480] So, the contract would have to be attached to the deed or...? [01:34:39.480 --> 01:34:44.480] The deed has to be updated to reflect that he is the new owner. [01:34:44.480 --> 01:34:52.480] It may have been left to him by some means, but as of yet, he can't file suit on it. He doesn't own it. [01:34:52.480 --> 01:34:57.480] He hasn't registered as the owner of it. [01:34:57.480 --> 01:35:01.480] That would be another point of no standing, huh? [01:35:01.480 --> 01:35:08.480] Well, that would be his response to number one, where he says, plaintiff owns this property. [01:35:08.480 --> 01:35:13.480] You have a deed that says, no, he doesn't. [01:35:13.480 --> 01:35:20.480] Okay. Now, I think, unless you tell me differently, that I'd have to do this verbally, [01:35:20.480 --> 01:35:27.480] because this hearing is in the morning, and only on Friday mornings do they have... [01:35:27.480 --> 01:35:36.480] If you move for a continuance, when did you get notice of this complaint? [01:35:36.480 --> 01:35:41.480] Enough time in advance to get the job done. [01:35:41.480 --> 01:35:44.480] Wait, wait, wait, wait, wait. [01:35:44.480 --> 01:35:50.480] That's not an answer to my question. When did you get served with it? [01:35:50.480 --> 01:35:54.480] I believe it was the seventh. [01:35:54.480 --> 01:36:00.480] Who served you with it? [01:36:00.480 --> 01:36:11.480] It wasn't a personal service handed to me. [01:36:11.480 --> 01:36:20.480] I'm talking about the actual complaint, not the little three-day notice to pay or quit. [01:36:20.480 --> 01:36:25.480] Right. [01:36:25.480 --> 01:36:29.480] You want to know the name of the person? Is that what you're looking for? [01:36:29.480 --> 01:36:33.480] No. I want to know, was it a constable? Was it one of the people involved in the suit? [01:36:33.480 --> 01:36:37.480] Who served you with it? [01:36:37.480 --> 01:36:41.480] I don't need their name. I just need who they are. [01:36:41.480 --> 01:36:46.480] Well, hang on. I do have a case. I do have a copy of the service. [01:36:46.480 --> 01:36:56.480] I'm trying to get to it here. [01:36:56.480 --> 01:37:04.480] Well, they really didn't know it. I don't think it actually said. [01:37:04.480 --> 01:37:10.480] Okay. In Kansas law, who's required to perform service for a suit like this? [01:37:10.480 --> 01:37:14.480] Is it okay to do it by mail? Are they required to hand deliver it? [01:37:14.480 --> 01:37:20.480] If so, who is required and authorized to hand deliver it? So on and so forth. [01:37:20.480 --> 01:37:25.480] That can be in either or, in the mail or personal service. [01:37:25.480 --> 01:37:28.480] Are you assuming or do you know? [01:37:28.480 --> 01:37:30.480] Well, I read that this afternoon. [01:37:30.480 --> 01:37:33.480] Okay. [01:37:33.480 --> 01:37:38.480] I've been in the process of moving. I've had a little problem with my heart. [01:37:38.480 --> 01:37:44.480] With the help to move, I've been somewhat handicapped. [01:37:44.480 --> 01:37:46.480] Okay. Well, I can appreciate all that. [01:37:46.480 --> 01:37:51.480] But none of that is the issue that we're discussing here to try to get your questions answered. [01:37:51.480 --> 01:37:59.480] I received two, one in the mail and one hung on the door by whom, okay, here we go, [01:37:59.480 --> 01:38:08.480] signature and title of officer or process server and it's a bunch of scribbling, SPS. [01:38:08.480 --> 01:38:12.480] The name, I can't, I couldn't tell you the name. [01:38:12.480 --> 01:38:15.480] A doctor's write better than this. [01:38:15.480 --> 01:38:19.480] And then after the name, it says S.B.S. [01:38:19.480 --> 01:38:26.480] That probably means some sort of specialized process service. [01:38:26.480 --> 01:38:29.480] Which means they may have hired a process server to serve it. [01:38:29.480 --> 01:38:34.480] But either way, the problem you're about to face tomorrow is this. [01:38:34.480 --> 01:38:38.480] You didn't file a request for an extension of time to respond. [01:38:38.480 --> 01:38:40.480] That's going to count against you. [01:38:40.480 --> 01:38:42.480] You didn't respond in writing. [01:38:42.480 --> 01:38:45.480] That's going to count against you. [01:38:45.480 --> 01:38:50.480] You didn't respond within enough time to do what you're supposed to do to get it in in writing. [01:38:50.480 --> 01:38:52.480] That's going to count against you. [01:38:52.480 --> 01:39:00.480] You can try to argue that there is no evidence and you can ask for a motion to dismiss based upon failure [01:39:00.480 --> 01:39:03.480] to state a claim upon which relief can be granted. [01:39:03.480 --> 01:39:07.480] Because there is no evidence in support of this statement made. [01:39:07.480 --> 01:39:12.480] But what the judge is going to say to that, I don't know. [01:39:12.480 --> 01:39:19.480] Because there are rules that he's going to follow, right or wrong. [01:39:19.480 --> 01:39:22.480] What is this rule you're talking about? [01:39:22.480 --> 01:39:29.480] It will be whatever the rules of civil procedure are dealing with evictions and tenant law [01:39:29.480 --> 01:39:36.480] and things of that nature, all the stuff I was talking about at the beginning. [01:39:36.480 --> 01:39:37.480] Okay. [01:39:37.480 --> 01:39:41.480] So there are things that I would have to have done in writing. [01:39:41.480 --> 01:39:46.480] You have only a certain amount of time to respond to the complaint. [01:39:46.480 --> 01:39:50.480] Or they get a default judgment. [01:39:50.480 --> 01:39:51.480] Okay. [01:39:51.480 --> 01:39:54.480] So the question is, are you going in tomorrow for a hearing on a default judgment? [01:39:54.480 --> 01:39:57.480] Are you going in to hear a rebuttal of the complaint? [01:39:57.480 --> 01:40:01.480] What is the proceeding tomorrow meant to do? [01:40:01.480 --> 01:40:02.480] Okay. [01:40:02.480 --> 01:40:07.480] I answered the claim. [01:40:07.480 --> 01:40:14.480] I mean, I showed up for the doctor's call or whatever you call it. [01:40:14.480 --> 01:40:20.480] How did you answer the claim? [01:40:20.480 --> 01:40:25.480] To hear it in front of the judge to have a trial. [01:40:25.480 --> 01:40:27.480] That's not an answer to the claim. [01:40:27.480 --> 01:40:31.480] That's a request to have a hearing on the claim. [01:40:31.480 --> 01:40:38.480] Is that what tomorrow is, is the hearing? [01:40:38.480 --> 01:40:40.480] Hearing, trial, whichever. [01:40:40.480 --> 01:40:41.480] Well, it's a civil claim. [01:40:41.480 --> 01:40:45.480] It may or may not be an actual trial. [01:40:45.480 --> 01:40:46.480] Okay. [01:40:46.480 --> 01:40:47.480] Okay. [01:40:47.480 --> 01:40:51.480] Every Wednesday they have... [01:40:51.480 --> 01:40:52.480] Eviction proceedings hearings. [01:40:52.480 --> 01:40:53.480] Yeah. [01:40:53.480 --> 01:40:54.480] Yeah. [01:40:54.480 --> 01:41:02.480] And so you either agree or no contest or you elect for a bench trial or pre-trial, whatever [01:41:02.480 --> 01:41:04.480] they want to call it. [01:41:04.480 --> 01:41:05.480] So I did that. [01:41:05.480 --> 01:41:06.480] Okay. [01:41:06.480 --> 01:41:13.480] And so there was no instructions of any kind to respond in writing in any way. [01:41:13.480 --> 01:41:17.480] The rules of procedure will tell you if you have to respond in writing. [01:41:17.480 --> 01:41:20.480] The judge can't tell you what you have to do. [01:41:20.480 --> 01:41:21.480] He's not allowed to do that. [01:41:21.480 --> 01:41:24.480] That's practicing law from the bench. [01:41:24.480 --> 01:41:26.480] Well, I've never talked to a judge. [01:41:26.480 --> 01:41:28.480] I understand what you're saying though. [01:41:28.480 --> 01:41:29.480] Okay. [01:41:29.480 --> 01:41:34.480] So the point is nobody in the system can give you instructions. [01:41:34.480 --> 01:41:38.480] That's why they want you to hire an attorney so that he already knows the instructions [01:41:38.480 --> 01:41:40.480] and they ain't got to talk to you at all. [01:41:40.480 --> 01:41:47.480] Otherwise, you have to assume those responsibilities. [01:41:47.480 --> 01:41:48.480] Okay. [01:41:48.480 --> 01:41:56.480] Well, I did talk to an attorney on me and he said, well, first of all, just move and [01:41:56.480 --> 01:41:59.480] then try to get them to a drop-in because you're already out. [01:41:59.480 --> 01:42:04.480] He said there's nothing they can do because they don't have any agreement. [01:42:04.480 --> 01:42:05.480] That all is correct. [01:42:05.480 --> 01:42:08.480] So you can argue all of that. [01:42:08.480 --> 01:42:18.480] But again, you know, if you're moving anyway, then just do that and it's all a done deal. [01:42:18.480 --> 01:42:19.480] Well. [01:42:19.480 --> 01:42:23.480] But if you actually wanted to give them a hard time and stay where you're at, you would [01:42:23.480 --> 01:42:27.480] have had grounds to do that based upon everything. [01:42:27.480 --> 01:42:32.480] Had you responded to it correctly and forced them down the road of having to prove everything? [01:42:32.480 --> 01:42:38.480] Oh, I could have done a lot more than that because the storyline developed a leak and [01:42:38.480 --> 01:42:41.480] they didn't think about it and didn't respond. [01:42:41.480 --> 01:42:46.480] And then not only that, they had this guy come out and threaten me with bodily harm, [01:42:46.480 --> 01:42:51.480] told me to kick my ass and drag me to the street. [01:42:51.480 --> 01:42:53.480] That was on about the 15th of May. [01:42:53.480 --> 01:42:54.480] Okay. [01:42:54.480 --> 01:42:55.480] Well, here's the thing. [01:42:55.480 --> 01:43:00.480] If you reported an issue to them about the conditions of where you were living, that [01:43:00.480 --> 01:43:06.480] they're responsible to keep in working order as the alleged owner of the property and they [01:43:06.480 --> 01:43:11.480] failed to do that, most states have tenant laws that allow you to refuse to pay rent [01:43:11.480 --> 01:43:14.480] until the repairs are made. [01:43:14.480 --> 01:43:20.480] If they do anything to harass you during that time when they're the ones at fault, that [01:43:20.480 --> 01:43:22.480] becomes a crime. [01:43:22.480 --> 01:43:27.480] So what you're telling me is someone had come and threatened you and you had done this [01:43:27.480 --> 01:43:31.480] reporting of this and decided to stay in the property until they fixed it and not pay [01:43:31.480 --> 01:43:36.480] the rent, you would have had cause to go after somebody big time. [01:43:36.480 --> 01:43:37.480] Yes. [01:43:37.480 --> 01:43:40.480] Well, I'm just trying to be amenable, you know. [01:43:40.480 --> 01:43:44.480] I just like to take care of them all the time. [01:43:44.480 --> 01:43:45.480] Okay. [01:43:45.480 --> 01:43:48.480] Well, that should do it then. [01:43:48.480 --> 01:43:50.480] Winging in the morning. [01:43:50.480 --> 01:43:51.480] Yes, sir. [01:43:51.480 --> 01:43:53.480] Well, Eddie, thank you for your help, Eddie. [01:43:53.480 --> 01:43:54.480] You're welcome. [01:43:54.480 --> 01:43:55.480] You have a good night. [01:43:55.480 --> 01:43:59.480] All right, folks, we'll be right back, so y'all hang on. [01:43:59.480 --> 01:44:03.480] Do you feel tired when talking about important topics like money and politics? [01:44:03.480 --> 01:44:04.480] Sorry. [01:44:04.480 --> 01:44:07.480] Are you confused by words like the Constitution or the Federal Reserve? [01:44:07.480 --> 01:44:08.480] What? [01:44:08.480 --> 01:44:12.480] If so, you may be diagnosed with the deadliest disease known today, stupidity. [01:44:12.480 --> 01:44:17.480] Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity [01:44:17.480 --> 01:44:18.480] at an early age. [01:44:18.480 --> 01:44:22.480] I had no idea that the number one cause of the disease is found in almost every home [01:44:22.480 --> 01:44:24.480] in America, the television. [01:44:24.480 --> 01:44:29.480] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope. [01:44:29.480 --> 01:44:33.480] The staff at Brave New Books have helped me and thousands of other foxaholics suffering [01:44:33.480 --> 01:44:38.480] from sports-zombieism recover, and because of Brave New Books, I now enjoy reading and [01:44:38.480 --> 01:44:42.480] watching educational documentaries without feeling tired or uninterested. [01:44:42.480 --> 01:44:47.480] So if you or anybody you know suffers from stupidity, then you need to call 512-448-7000 [01:44:47.480 --> 01:44:54.480] or 512-480-2503, or visit them at 1904Guadalupe or bravenewbookstore.com. [01:44:54.480 --> 01:44:58.480] Side effects from using Brave New Books products may include discernment and enlarged vocabulary [01:44:58.480 --> 01:45:01.480] and an overall increase in mental functioning. [01:45:01.480 --> 01:45:04.480] Are you the plaintiff or defendant in a lawsuit? [01:45:04.480 --> 01:45:09.480] Win your case without an attorney with Juris Dictionary, the affordable, easy-to-understand [01:45:09.480 --> 01:45:15.480] 4-CD course that will show you how in 24 hours, step by step. [01:45:15.480 --> 01:45:19.480] If you have a lawyer, know what your lawyer should be doing. [01:45:19.480 --> 01:45:23.480] If you don't have a lawyer, know what you should do for yourself. [01:45:23.480 --> 01:45:28.480] Thousands have won with our step-by-step course, and now you can too. [01:45:28.480 --> 01:45:34.480] Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:34.480 --> 01:45:39.480] Even if you're not in a lawsuit, you can learn what everyone should understand [01:45:39.480 --> 01:45:43.480] about the principles and practices that control our American courts. [01:45:43.480 --> 01:45:49.480] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:49.480 --> 01:45:52.480] pro se tactics, and much more. [01:45:52.480 --> 01:46:02.480] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [01:46:02.480 --> 01:46:21.480] All right, folks, we are back. [01:46:21.480 --> 01:46:23.480] This is Rule of Law Radio. [01:46:23.480 --> 01:46:28.480] I've got one other caller up here, and this is my last segment, so let's see how long this will take. [01:46:28.480 --> 01:46:32.480] I'd say your name, but I don't have a name up here. [01:46:32.480 --> 01:46:36.480] So if you're on the listener or on the call line, say hello. [01:46:36.480 --> 01:46:37.480] Hello. [01:46:37.480 --> 01:46:38.480] That's you. [01:46:38.480 --> 01:46:41.480] Go ahead. [01:46:41.480 --> 01:46:42.480] Hey, Eddie, how are you doing? [01:46:42.480 --> 01:46:43.480] I'm doing good. [01:46:43.480 --> 01:46:45.480] Who am I talking to? [01:46:45.480 --> 01:46:46.480] Brian. [01:46:46.480 --> 01:46:47.480] Brian. [01:46:47.480 --> 01:46:48.480] All right. [01:46:48.480 --> 01:46:49.480] Let's talk, Brian. [01:46:49.480 --> 01:46:50.480] All right. [01:46:50.480 --> 01:46:54.480] Well, I used to live in Austin, probably remember me some time ago. [01:46:54.480 --> 01:46:58.480] I came to a few classes, and I was fighting a ticket out in Spicewood. [01:46:58.480 --> 01:47:07.480] Well, long story short, I moved to Idaho, and I don't know if you're familiar with a guy named Roger Sells [01:47:07.480 --> 01:47:16.480] that's down in Argentina that has a topic on basically actually a fantastic book. [01:47:16.480 --> 01:47:25.480] It's called, oh, goodness, what is it from? [01:47:25.480 --> 01:47:26.480] I drew a blank there. [01:47:26.480 --> 01:47:27.480] I don't remember the name of the book. [01:47:27.480 --> 01:47:33.480] Long story short, it's basically declaring your political status with the U.S. State Department. [01:47:33.480 --> 01:47:38.480] All political status is ultimately determined by the U.S. State Department. [01:47:38.480 --> 01:47:47.480] So roughly about a year ago, I was going through the process of debating whether I was going to renew my U.S. passport. [01:47:47.480 --> 01:47:55.480] And on the top part of the passport, which is in detail in Roger's book, basically states and warning [01:47:55.480 --> 01:48:01.480] and big bold threatening letters that if you attach any additional documents, well, what does that mean? [01:48:01.480 --> 01:48:10.480] So you basically file an affidavit with the U.S. State Department declaring that I'm a U.S. national nonresident. [01:48:10.480 --> 01:48:15.480] And I was going to basically renew my license in Idaho. [01:48:15.480 --> 01:48:20.480] And I went in and requested a nonresident driver's license. [01:48:20.480 --> 01:48:23.480] I know the driver's license is not necessary. [01:48:23.480 --> 01:48:26.480] I know all the whole story behind it. [01:48:26.480 --> 01:48:33.480] I do recognize that they reserve the right to somewhat regulate. [01:48:33.480 --> 01:48:37.480] You know, I guess people, you know, I'm not going to use the term driving or whatever [01:48:37.480 --> 01:48:40.480] because I know all the tricks in the terminology. [01:48:40.480 --> 01:48:45.480] But I basically played the game and I went in and applied for a nonresident driver's license. [01:48:45.480 --> 01:48:47.480] Okay. Let me stop you right there for one second. [01:48:47.480 --> 01:48:53.480] You know all the word tricks of the game except for the one you just admitted to not knowing. [01:48:53.480 --> 01:49:00.480] What gives you the idea that nonresident in the state in relation to a license [01:49:00.480 --> 01:49:06.480] is the same thing as a nonresident to the State Department at the federal level? [01:49:06.480 --> 01:49:09.480] How did you come to that conclusion? [01:49:09.480 --> 01:49:14.480] Well, first of all, I'm a nonresident because I declared and it's my right to declare. [01:49:14.480 --> 01:49:16.480] You're not answering my question. [01:49:16.480 --> 01:49:25.480] What makes you think that the legal meaning between those two locations is the same? [01:49:25.480 --> 01:49:27.480] No, there is not. [01:49:27.480 --> 01:49:31.480] I'm not saying that the location is the same. [01:49:31.480 --> 01:49:33.480] But you are. [01:49:33.480 --> 01:49:39.480] You said that you declared yourself a nonresident to the federal [01:49:39.480 --> 01:49:44.480] and then you went after a nonresident license in the state. [01:49:44.480 --> 01:49:49.480] So you're acting as if you are trying to conjoin the two. [01:49:49.480 --> 01:49:51.480] Okay. Well, let me explain a little bit more. [01:49:51.480 --> 01:49:59.480] So I'm not a resident and via affidavit the U.S. State Department with a approved passport, [01:49:59.480 --> 01:50:03.480] which is uncontested, okay, so they didn't contest it, therefore it is. [01:50:03.480 --> 01:50:08.480] Via my affidavit they'd have to produce one to squash it and I have tons of, you know, [01:50:08.480 --> 01:50:11.480] I did everything right and that's a deeper story. [01:50:11.480 --> 01:50:15.480] So let me explain this and maybe it will make a little more sense. [01:50:15.480 --> 01:50:19.480] So I understand what the end result is here and let me explain that [01:50:19.480 --> 01:50:21.480] and then hopefully it will make a little more sense. [01:50:21.480 --> 01:50:25.480] So I went into the Idaho, the ITD, the transportation department, [01:50:25.480 --> 01:50:30.480] applied for a nonresident driver's license knowing full well that they can't do that. [01:50:30.480 --> 01:50:32.480] So hear me out. [01:50:32.480 --> 01:50:35.480] They denied it, which I pretty much knew they would. [01:50:35.480 --> 01:50:40.480] So then I filled it through this little process because, right, you've got to play the game. [01:50:40.480 --> 01:50:41.480] I've got to go. [01:50:41.480 --> 01:50:43.480] I've got to exhaust all judicial remedies. [01:50:43.480 --> 01:50:46.480] All administrative remedies. [01:50:46.480 --> 01:50:48.480] Administrative remedies, that's right. [01:50:48.480 --> 01:50:49.480] They're an administrative agency. [01:50:49.480 --> 01:50:51.480] They're not a judicial court. [01:50:51.480 --> 01:50:55.480] Furthermore, here in Idaho we've discovered there's a statute [01:50:55.480 --> 01:50:58.480] that they use the corporate name in full capital letters [01:50:58.480 --> 01:51:04.480] and they basically claim jurisdiction and claim you as property when you claim that name, [01:51:04.480 --> 01:51:06.480] which is it's literally in a statute. [01:51:06.480 --> 01:51:08.480] I'd be happy to send it to you, but it's unbelievable. [01:51:08.480 --> 01:51:10.480] It's right in plain sight. [01:51:10.480 --> 01:51:13.480] So I've gone through the judicial remedy. [01:51:13.480 --> 01:51:18.480] Now I've exhausted it with the director of the ITD, the US, [01:51:18.480 --> 01:51:22.480] or actually the Idaho attorney general basically at his office. [01:51:22.480 --> 01:51:25.480] And I've submitted briefs back and forth. [01:51:25.480 --> 01:51:29.480] They did one, or no, they refused to accept my brief. [01:51:29.480 --> 01:51:31.480] One, they didn't answer the call. [01:51:31.480 --> 01:51:32.480] They set up a hearing. [01:51:32.480 --> 01:51:35.480] They didn't show up hoping I'd go away. [01:51:35.480 --> 01:51:40.480] Then I sent in, I documented everything to the T just through their statutes right, [01:51:40.480 --> 01:51:42.480] make sure that they did everything right. [01:51:42.480 --> 01:51:46.480] Then they acted as if I didn't send in one of the letters [01:51:46.480 --> 01:51:49.480] and then sent me a letter saying it was just null and void [01:51:49.480 --> 01:51:51.480] because I didn't respond in time. [01:51:51.480 --> 01:51:55.480] Well, I had emails documented, emails documented, this, that, and the other. [01:51:55.480 --> 01:51:58.480] And I had them by the you-know-what. [01:51:58.480 --> 01:52:01.480] So I've gotten to this point now where I filed in a brief. [01:52:01.480 --> 01:52:05.480] So I've come back with not only a brief of facts, [01:52:05.480 --> 01:52:10.480] but a brief of an affidavit of truth claiming that I'm not a corporation. [01:52:10.480 --> 01:52:17.480] Any assumption or issuance of that without my explicit written authorization is fraud. [01:52:17.480 --> 01:52:22.480] A number of claims that basically state fraud if they try to use my name, [01:52:22.480 --> 01:52:26.480] my corporate name, or assume that I'm claiming residence. [01:52:26.480 --> 01:52:27.480] I don't claim residence. [01:52:27.480 --> 01:52:28.480] I don't claim domicile. [01:52:28.480 --> 01:52:29.480] Here's the trick. [01:52:29.480 --> 01:52:34.480] And this may go for most states now that I've been trying to figure all this out. [01:52:34.480 --> 01:52:36.480] What do you claim is domicile? [01:52:36.480 --> 01:52:41.480] There's three or four different definitions according to Black's law dictionary of domicile. [01:52:41.480 --> 01:52:46.480] Domicile of choice, domicile of origin, and you probably know this better than anybody, Eddie. [01:52:46.480 --> 01:52:52.480] But I believe it's domicile of choice, which now I have to file basically another affidavit. [01:52:52.480 --> 01:52:54.480] But I've declared exactly what I'm not. [01:52:54.480 --> 01:52:56.480] And they're trying to say, well, you are a resident. [01:52:56.480 --> 01:53:04.480] Therefore, their term of resident means taxing, title registration, all this other stuff, which I'm not. [01:53:04.480 --> 01:53:07.480] And I'm not going to go there at all. [01:53:07.480 --> 01:53:14.480] So my point of calling in was just to say, hey, one, are you aware of this process of filing the affidavit [01:53:14.480 --> 01:53:19.480] with the U.S. State Department basically opting out from the top of the system and not the bottom? [01:53:19.480 --> 01:53:24.480] Because I listen to your show all the time, and I did the same thing in Austin. [01:53:24.480 --> 01:53:25.480] I just woke up. [01:53:25.480 --> 01:53:27.480] I started figuring this stuff out. [01:53:27.480 --> 01:53:32.480] I was coming to your classes, and I went in and stumbled over myself over and over again. [01:53:32.480 --> 01:53:36.480] But hallelujah, it was a tremendous learning experience. [01:53:36.480 --> 01:53:42.480] But now knowing this is that no matter what you do, literally, the minute you respond to anything [01:53:42.480 --> 01:53:46.480] and you're still claiming resident, they have jurisdiction over you. [01:53:46.480 --> 01:53:51.480] And the resident is the 14th Amendment citizen, which I've opted out of. [01:53:51.480 --> 01:53:55.480] So at the very last word of the 14th Amendment, what does it say? [01:53:55.480 --> 01:53:56.480] Resident. [01:53:56.480 --> 01:54:04.480] So the second you claim resident, whether set or unset under presumption of law in any city, in any county, [01:54:04.480 --> 01:54:08.480] wherever you are, if you're saying, well, I'm not this or that, but yeah, well, where do you live? [01:54:08.480 --> 01:54:09.480] Well, I live over here. [01:54:09.480 --> 01:54:11.480] You live over here, don't you? [01:54:11.480 --> 01:54:12.480] You're a resident? [01:54:12.480 --> 01:54:13.480] Yeah, I'm a resident. [01:54:13.480 --> 01:54:14.480] Boom. [01:54:14.480 --> 01:54:16.480] They have jurisdiction. [01:54:16.480 --> 01:54:26.480] Yeah, that much I got, that's why I was talking to the gentleman before on his issue dealing with the rent, [01:54:26.480 --> 01:54:29.480] that it was actually where he was domiciled. [01:54:29.480 --> 01:54:34.480] He had been there for 13 years, so that's what he was considering it. [01:54:34.480 --> 01:54:38.480] But yeah, I'm familiar with what the 14th Amendment is or isn't as far as a resident [01:54:38.480 --> 01:54:41.480] and how it relates to you as a citizen and so on and so forth. [01:54:41.480 --> 01:54:50.480] As far as the domicile of choice versus domiciled of origin, why would you go with choice rather than origin? [01:54:50.480 --> 01:54:57.480] If you're born a man, not under the jurisdiction of the United States, why wouldn't you want to stay there? [01:54:57.480 --> 01:55:01.480] Well, I'm not saying I wouldn't. [01:55:01.480 --> 01:55:02.480] That's where I'm at. [01:55:02.480 --> 01:55:07.480] I'm trying to understand what I've just come across as these different terms of domicile. [01:55:07.480 --> 01:55:15.480] And what I'm understanding here and what other people have done is an affidavit of specific selection of domicile, [01:55:15.480 --> 01:55:19.480] excluding yourself from the corporate state. [01:55:19.480 --> 01:55:25.480] And I'm only speaking for Idaho now, and I used to be in Texas roughly just a year ago. [01:55:25.480 --> 01:55:32.480] And it's probably the same because it's all under the UCC code, so what's here is most likely all across. [01:55:32.480 --> 01:55:37.480] And the driver's license is not the driver's license, it's the damn national ID card. [01:55:37.480 --> 01:55:43.480] So what I'm trying to understand, and maybe you should light on, is the different types of domicile. [01:55:43.480 --> 01:55:50.480] One, and then two, to shed a little light on for listeners is there's a whole lot more to this whole thing [01:55:50.480 --> 01:55:53.480] instead of fighting it at the lower court level, right? [01:55:53.480 --> 01:55:57.480] But you know the system's rigged because, first of all, they're not even judicial courts. [01:55:57.480 --> 01:56:01.480] Those were done away with way, way, way back when, and they're only administrative courts. [01:56:01.480 --> 01:56:04.480] So no matter what you do, you're playing their game. [01:56:04.480 --> 01:56:06.480] And the system's totally rigged. [01:56:06.480 --> 01:56:10.480] No matter what you do, they're just going to bury you, bury you, bury you. [01:56:10.480 --> 01:56:12.480] That's why no one's getting anywhere. [01:56:12.480 --> 01:56:17.480] Whereas instead of trudging through the mud, go straight to the U.S. State Department, [01:56:17.480 --> 01:56:23.480] which has the final say-so and has all authority according to the U.S. Constitution, right? [01:56:23.480 --> 01:56:28.480] Follow your affidavit, and I'll be happy to share all of this or anything that is needed. [01:56:28.480 --> 01:56:33.480] But I'm telling you, I learned a lot from this guy, Roger Sells. [01:56:33.480 --> 01:56:35.480] File the affidavit with the U.S. State Department. [01:56:35.480 --> 01:56:38.480] Go renew your U.S. passport. [01:56:38.480 --> 01:56:44.480] You file that additional documentation, which they threateningly warn against filing it. [01:56:44.480 --> 01:56:45.480] Well, they can't deny it. [01:56:45.480 --> 01:56:47.480] They can't turn it down. [01:56:47.480 --> 01:56:53.480] Boom, I had mine in two weeks with a new uncontested affidavit or a passport [01:56:53.480 --> 01:56:56.480] that declares me as a U.S. national nonresident. [01:56:56.480 --> 01:57:02.480] So, boom, they send me a ticket or whatever that I serve them with that affidavit [01:57:02.480 --> 01:57:07.480] when they denied me my nonresident driver's license at the ITD desk. [01:57:07.480 --> 01:57:09.480] Of course, I knew they were going to do it. [01:57:09.480 --> 01:57:11.480] Well, I handed the lady the affidavit. [01:57:11.480 --> 01:57:15.480] She said, you know, she was asking me for documentation. [01:57:15.480 --> 01:57:17.480] She never asked anything, really. [01:57:17.480 --> 01:57:19.480] I basically handed her the affidavit. [01:57:19.480 --> 01:57:21.480] She didn't read it, and it wasn't her fault. [01:57:21.480 --> 01:57:29.480] She was a minimum wage lady doing what every other person does in a driver's license office. [01:57:29.480 --> 01:57:33.480] She had no idea, and she got to the end of it and said, okay, well, are you ready? [01:57:33.480 --> 01:57:34.480] Stand back. [01:57:34.480 --> 01:57:35.480] Let me take your picture. [01:57:35.480 --> 01:57:37.480] She took my picture, and then she said, okay, sign here. [01:57:37.480 --> 01:57:39.480] And I said, well, wait a minute. [01:57:39.480 --> 01:57:43.480] I'm not going to sign there because I don't think you understand what I asked you for. [01:57:43.480 --> 01:57:46.480] And she said, well, what did you ask me for? [01:57:46.480 --> 01:57:48.480] And I said, I'm not a resident. [01:57:48.480 --> 01:57:50.480] The second I said, I'm not a resident, [01:57:50.480 --> 01:57:54.480] they started to try to intimidate me, brought up a senior lady, [01:57:54.480 --> 01:58:00.480] and started playing the game of, well, then they tried to trick me, actually, and say you could. [01:58:00.480 --> 01:58:01.480] You need to take a break? [01:58:01.480 --> 01:58:03.480] No, the show's over. [01:58:03.480 --> 01:58:04.480] We're out of time. [01:58:04.480 --> 01:58:06.480] All right, hey, no big deal. [01:58:06.480 --> 01:58:08.480] I'll call back in Friday or something. [01:58:08.480 --> 01:58:12.480] Okay, well, if you can, email me what information you've got on this gentleman and everything, [01:58:12.480 --> 01:58:15.480] and I'll see what I can see about it, okay? [01:58:15.480 --> 01:58:16.480] Absolutely. [01:58:16.480 --> 01:58:17.480] Thank you. [01:58:17.480 --> 01:58:18.480] All right, Bill, I'm sorry. [01:58:18.480 --> 01:58:20.480] I ran out of time before I could get to you, [01:58:20.480 --> 01:58:25.480] so please give us a call back Thursday or Friday if you need something right away, [01:58:25.480 --> 01:58:27.480] or call me back on Monday if you wish. [01:58:27.480 --> 01:58:30.480] All right, folks, this has been the Monday Night Rule of Law Radio Show. [01:58:30.480 --> 01:58:31.480] I've been your host, Eddie Craig. [01:58:31.480 --> 01:58:34.480] Thank you so much for calling in and for listening in. [01:58:34.480 --> 01:58:39.480] You, each and everyone, make me what I am here as far as successful [01:58:39.480 --> 01:58:42.480] and able to produce the information that you listen to. [01:58:42.480 --> 01:58:49.480] Y'all have a great week, good night, and God bless. [01:59:12.480 --> 01:59:14.480] We'll see you next time. [01:59:42.480 --> 01:59:57.480] Thank you.