[00:00.000 --> 00:07.960]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.960 --> 00:09.600]  at thelibertybeat.com.
[00:09.600 --> 00:13.480]  I'm Brian Hagan with your Liberty Beat for Monday, March 9th, 2015.
[00:13.480 --> 00:20.680]  Gold is trading at $1,169, silver at $15.91, and bitcoin is trading around $277.54.
[00:20.680 --> 00:26.400]  Today's bitcoin price is brought to you by Express Coin, the fastest, most reliable way
[00:26.400 --> 00:27.720]  to buy bitcoin.
[00:27.720 --> 00:30.400]  Buy bitcoin today at expresscoin.com.
[00:30.400 --> 00:36.240]  In the news, to commemorate the 50th anniversary of the 1965 Bloody Sunday March in Soma, Alabama,
[00:36.240 --> 00:39.640]  thousands of people retraced the steps of the historic civil rights event.
[00:39.640 --> 00:45.320]  An estimated 70,000 people sang songs, cheered, and carried signs across the Edmund Pettus
[00:45.320 --> 00:46.320]  Bridge.
[00:46.320 --> 00:51.400]  The original march took place on March 7th, 1965, and resulted in around 600 peaceful
[00:51.400 --> 00:56.480]  civil rights activists being beaten and sprayed with tear gas by white state troopers at local
[00:56.480 --> 01:00.640]  points.
[01:00.640 --> 01:05.320]  Saturday night, tens and thousands of Israelis gathered in Tel Aviv, calling for Prime Minister
[01:05.320 --> 01:08.880]  Benjamin Netanyahu to be replaced in upcoming elections.
[01:08.880 --> 01:13.520]  The rally in Rabin Square was organized by a nonprofit organization calling for Israel
[01:13.520 --> 01:18.080]  to focus on health, education, housing, and the country's cost of living.
[01:18.080 --> 01:22.320]  The keynote speaker was former Masson chief Mer Dagen, who recently accused Netanyahu
[01:22.320 --> 01:30.580]  of being responsible for, quote, the greatest strategic damage to Israel, end quote.
[01:30.580 --> 01:35.560]  Gun rights activists in Spokane, Washington, defied a recent court ruling that banned firearms
[01:35.560 --> 01:37.840]  outside a federal courthouse.
[01:37.840 --> 01:42.640]  Activists with liberty for all rallied outside the U.S. courthouse plaza in Spokane following
[01:42.640 --> 01:45.920]  the February 25th arrest of a local gun supporter.
[01:45.920 --> 01:50.040]  The Department of Homeland Security instructed the protesters that a recent court ruling
[01:50.040 --> 01:54.080]  banned their weapons from being carried immediately outside the building.
[01:54.080 --> 01:58.440]  Despite that fact, activists held their rally directly outside the courthouse.
[01:58.440 --> 02:02.840]  Around 30 demonstrators with rifles held signs and chanted outside the building.
[02:02.840 --> 02:04.480]  No arrests were made.
[02:04.480 --> 02:09.360]  The Liberty Beat is sponsored by Coinarch, offering innovative trading solutions for
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[02:53.600 --> 02:57.640]  This is the Liberty Beat for Monday, March 9th, 2015.
[02:57.640 --> 02:59.600]  Check out the website at thelibertybeat.com.
[02:59.600 --> 03:25.240]  Really, man, come on, 6 o'clock noon, see somebody been shot, somebody's been viewed,
[03:25.240 --> 03:33.940]  somebody's been shot, somebody's been blind, somebody's been shot, somebody's been shot.
[03:33.940 --> 03:37.120]  And who is that blue up there building somebody?
[03:37.120 --> 03:38.360]  Though they call somebody, guy, they win somebody didn't get too far, yeah.
[03:38.360 --> 03:39.620]  They didn't get too far.
[03:39.620 --> 03:42.340]  Grandpa, they told my pappy, back in my day shoots, looking like a man, had his answer
[03:42.340 --> 03:46.400]  for the weed that he had done.
[03:46.400 --> 03:53.540]  He stole a rope in Texas by the tall old tree, round up all of them bad boys, 새�ial highest
[03:53.540 --> 04:00.540]  high up the street for all the people to see
[04:00.540 --> 04:04.540]  And just as there's one thing you should always find
[04:04.540 --> 04:08.540]  You've got to settle up your boys, you've got to draw a hard line
[04:08.540 --> 04:12.540]  When the gun smoke settles, we'll sing a victory tune
[04:12.540 --> 04:16.540]  And we'll all meet back at the hopeful salute
[04:16.540 --> 04:21.540]  We'll raise up our glasses against evil forces singing
[04:21.540 --> 04:26.540]  Whiskey for my men, beer for my horses
[04:32.540 --> 04:36.540]  Alright, folks, good evening. This is Rule of Law Radio.
[04:36.540 --> 04:41.540]  It is March 9, 2015.
[04:41.540 --> 04:47.540]  Alright, folks, our call-in number is 512-646-1984
[04:47.540 --> 04:51.540]  If you've got any questions, queries, posers, problems, or complaints
[04:51.540 --> 04:55.540]  We're here to help you out if and when we can
[04:55.540 --> 05:03.540]  Now, if you have not been able to attend any of the Sunday classes down at Brave New Books
[05:03.540 --> 05:09.540]  Well, then I hope you're being successful in whatever method you're using
[05:09.540 --> 05:14.540]  and going to court and fending off the other lawyers that are there
[05:14.540 --> 05:19.540]  because a lot of what we're doing in this class is practical application of the statutory knowledge
[05:19.540 --> 05:22.540]  that I've spent three and a half years trying to teach people
[05:22.540 --> 05:26.540]  to get ingrained in them enough that they could actually use it in a courtroom setting
[05:26.540 --> 05:34.540]  without having to constantly read something that was putting everything on hold while they figured it out
[05:34.540 --> 05:40.540]  But we are getting in a lot of good practice on how things work
[05:40.540 --> 05:43.540]  and how to change the way you think
[05:43.540 --> 05:50.540]  and you've got to be able to do things on the fly that you normally don't have to do in day-to-day life
[05:50.540 --> 05:53.540]  or you do, depending upon what your job is
[05:53.540 --> 05:58.540]  If you're a comedian, then you've got to think faster on your feet than most, for sure
[05:58.540 --> 06:01.540]  My mother always said I was a natural-born comedian
[06:01.540 --> 06:06.540]  or actually she says I'm a born joker, but that's beside the point
[06:06.540 --> 06:14.540]  Now, part of what we went over in class yesterday was how to do a proper cross-examination
[06:14.540 --> 06:24.540]  using a technique that I showed from Jerry Spence, which is a very well-known defense attorney
[06:24.540 --> 06:32.540]  Jerry Spence never lost a defense case in his entire career
[06:32.540 --> 06:35.540]  and there's something to be said for that
[06:35.540 --> 06:44.540]  When you watch the way he presents information and does cross-examination in a courtroom, you come to understand why
[06:44.540 --> 06:54.540]  One of his major philosophies in court is he never calls any witnesses that he doesn't absolutely have to
[06:54.540 --> 06:58.540]  as far as recruiting witnesses of his own
[06:58.540 --> 07:07.540]  He will almost always destroy the opposing counsel's case by using their own witnesses against them
[07:07.540 --> 07:12.540]  and he will do it with the way that he does his cross-examination
[07:12.540 --> 07:19.540]  And for the most part, in these types of cases in the lower courts where you're dealing with class C fine only
[07:19.540 --> 07:26.540]  that's really the only thing that you have to use, the other side's witness
[07:26.540 --> 07:33.540]  Now, what you can get them to testify to for you and what you may have to take the stand and testify to for yourself
[07:33.540 --> 07:39.540]  depends entirely on how much information you can elicit from the witness in your favor to begin with
[07:39.540 --> 07:48.540]  It is not an easy process to learn to do and it is not something everyone is cut out to do
[07:48.540 --> 08:01.540]  In fact, it is such a difficult thing to become adept at, that is precisely why the English have people that are professional trial lawyers
[08:01.540 --> 08:03.540]  That's all they do
[08:03.540 --> 08:09.540]  Their legal counsel is one lawyer that gives them all the legal advice and all this
[08:09.540 --> 08:18.540]  but a barrister is the one that actually goes into court and does the trial, a completely different guy
[08:18.540 --> 08:30.540]  And that's because someone making those presentations has to know what they're doing and they have to know how to do it right
[08:30.540 --> 08:45.540]  So while I will admit wholeheartedly this is not a process for everyone, I don't think it is necessarily as limited as they would like us to believe it is
[08:45.540 --> 08:58.540]  I mean, like any other occupation, it's got a required skill set, but people can learn those skill sets
[08:58.540 --> 09:04.540]  I've learned to do things that I never went to school for, I never had formal training for
[09:04.540 --> 09:10.540]  But I made myself learn to be the best at it that I could possibly be
[09:10.540 --> 09:16.540]  And once I got good at it, I refused to settle for being second best at anything
[09:16.540 --> 09:22.540]  Now I may be second best or third or fourth, but it will not be for lack of trying
[09:22.540 --> 09:28.540]  It will simply be because the other people are better than me at it
[09:28.540 --> 09:34.540]  But I will hold my own anywhere I'm at in anything that I have undertaken to be good at
[09:34.540 --> 09:39.540]  I refuse to accept anybody saying that that's not possible
[09:39.540 --> 09:46.540]  And I guess my biggest problem is when I encounter people that don't want to do things the same way
[09:46.540 --> 09:55.540]  That they're willing to say they'll fight, but when the time comes to it, they won't put in the effort necessary to learn how to fight
[09:55.540 --> 10:01.540]  And that's just not the way I do things
[10:01.540 --> 10:06.540]  I don't do anything halfway or just enough to get by
[10:06.540 --> 10:13.540]  And I'm not very good at dealing with people who will do things that way
[10:13.540 --> 10:20.540]  Which explains why me and lawyers in general don't get along because they half-ass everything
[10:20.540 --> 10:25.540]  So that being said, folks, this is a skill I firmly believe you can learn
[10:25.540 --> 10:34.540]  If I didn't think people could learn it, I would know up front that I'm wasting my time to be conducting a class in it
[10:34.540 --> 10:42.540]  And I know for a fact there are people that have come to my class that have learned to do this very well and have done so
[10:42.540 --> 10:46.540]  And then there are those that haven't
[10:46.540 --> 10:54.540]  But when I get to questioning them about it, it's because they didn't try to learn how to do it correctly
[10:54.540 --> 11:02.540]  Sure, they'd come to class and they would listen to me, but once they left class, that was the end of it for them for the rest of the week
[11:02.540 --> 11:07.540]  No one did any extra reading to make sure they were doing it right or understood it properly
[11:07.540 --> 11:14.540]  No one put in the extra time practicing how to ask questions or how to take a question apart that was given
[11:14.540 --> 11:22.540]  And see whether or not all the pieces fit together with some prior piece of testimony that was given already
[11:22.540 --> 11:25.540]  Nobody does that
[11:25.540 --> 11:31.540]  Now, as an example, I watched a movie that I've never seen in its entirety
[11:31.540 --> 11:45.540]  The 1966 movie To Kill a Mockingbird where Gregory Peck plays Atticus Finch, the attorney that is given a case to defend a black man from an assault and rape case
[11:45.540 --> 11:53.540]  And what he does in this case is exactly the same thing I try to teach people to do in class
[11:53.540 --> 12:00.540]  Listen to what you're hearing going on in that courtroom, especially when it comes to witness testimony
[12:00.540 --> 12:08.540]  Virtually anybody could have sat and listened to the testimony that was done in this movie
[12:08.540 --> 12:16.540]  And picked apart all of the facts that would prove that the entire case against the black man was a complete and total fabrication
[12:16.540 --> 12:25.540]  And it was not hard, all you had to do was listen to the facts being presented and you could see the inconsistencies for what they were
[12:25.540 --> 12:33.540]  And you could see when one person says A and then the next witness gets up and says something that countermands this other person's A
[12:33.540 --> 12:41.540]  At the end of your closing you're going to be able to come back, not only are you going to ask questions relevant to pulling out more detail in relation to those
[12:41.540 --> 12:45.540]  But at closing you're going to be able to point those specific contradictions out
[12:45.540 --> 12:58.540]  It's not, to me, that difficult a thing for someone that really wants to learn how to do it to do so
[12:58.540 --> 13:08.540]  And I just really hate to hear people tell me that, well, I know I haven't done that, know I haven't practiced that
[13:08.540 --> 13:13.540]  Well, when's your trial? Next week? Well, how long have you known about this? How many classes you've come to?
[13:13.540 --> 13:15.540]  Well, I've been coming to class for three months
[13:15.540 --> 13:24.540]  Well, how much practice in that entire three months have you managed to do? How much reading of the material that you bought from me have you actually done?
[13:24.540 --> 13:28.540]  Nothing, I just filled out the forms and the first thing and I filed that
[13:28.540 --> 13:33.540]  Did you read them? Well, I read some of it where I was changing the information
[13:33.540 --> 13:49.540]  How are you going to present an argument in open court when you don't understand the argument or even know what it is because you don't read the stuff that tells you what it is?
[13:49.540 --> 14:11.540]  I'm astounded by the laziness of the very people I have sought and spent so much of my time trying to help better themselves and be more prepared for what's coming down the road right at them
[14:11.540 --> 14:19.540]  And yet, knowing how to do it just doesn't seem to be interesting enough to anybody to actually go out and apply themselves to doing it
[14:19.540 --> 14:37.540]  Only a handful of people come to this class regularly and only a few of that handful have taken this to heart and truly applied it in a manner that they can go out and virtually do it right off the top of their head just like I do it
[14:37.540 --> 14:44.540]  And I'm not saying I am in any way exceptional at any of this, I am just determined
[14:44.540 --> 14:52.540]  Though today I would have to admit that with the apathy of American people in general that would make me exceptional
[14:52.540 --> 14:56.540]  That would make anybody with the attitude of get it done and get it done right exceptional
[14:56.540 --> 15:09.540]  Because everybody is looking for a silver bullet or a shortcut that doesn't exist but they're willing to risk everything on guessing and throwing out one whether they know it's ever worked or not
[15:09.540 --> 15:12.540]  We're just lazy
[15:12.540 --> 15:36.540]  That has to stop, it just has to stop. If we keep doing this we are going to destroy ourselves, we're going to let everything that we hold dear slip right between our fingers because we will not apply our true intellect, our true will and our true effort into making things better
[15:36.540 --> 15:54.540]  Education and application of that education of the truth and the facts about what is out there is the only thing that's going to put a stop to the eroding American way of life
[15:54.540 --> 16:07.540]  That knowledge and information is going to become the retaining wall that holds the shoreline in place while it's being buffeted by the waves and washed away everywhere else
[16:07.540 --> 16:27.540]  But that's you and me folks, we're the parts that make up that retaining wall and when we don't know how to do our job or we're not put together in such a way as to properly keep things together then we are not the only wasted effort here
[16:27.540 --> 16:32.540]  We have to change our attitude
[16:32.540 --> 16:46.540]  Alright, we've got one caller up on the board, Jimmy and Marilyn, I'll pick you up when we get back off this break, call in number 512-646-1984, give us a call, give us a holler, give us something I need folks to talk to
[16:46.540 --> 16:59.540]  We will be right back so y'all hang in there folks
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[18:49.540 --> 18:51.540]  That's ruleoflawradio.com
[18:51.540 --> 18:57.540]  Or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
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[19:00.540 --> 19:05.540]  You are listening to the Logos Radio Network
[19:05.540 --> 19:31.540]  Logosradio.com
[19:31.540 --> 19:33.540]  Alright folks, we are back
[19:33.540 --> 19:39.540]  This is Rule of Law Radio, calling number 512-646-1984
[19:39.540 --> 19:42.540]  Alright, now we are going to go to Jimmy in Maryland
[19:42.540 --> 19:44.540]  Jimmy, what can we do for you?
[19:44.540 --> 19:46.540]  Hey Eddie, how have you been doing?
[19:46.540 --> 19:48.540]  I've been doing alright, and you?
[19:48.540 --> 19:51.540]  Oh, we are hanging in there, Eddie
[19:51.540 --> 20:01.540]  I called you last week, I thought I would call you back and give you an update of my court case that was on last Wednesday
[20:01.540 --> 20:02.540]  Yeah?
[20:02.540 --> 20:05.540]  Okay, I had four charges on me
[20:05.540 --> 20:07.540]  Driving on suspended license
[20:07.540 --> 20:10.540]  Driving on license revoked
[20:10.540 --> 20:12.540]  Failure to give officer
[20:12.540 --> 20:15.540]  Failure to give job rights to a uniformed officer
[20:15.540 --> 20:19.540]  And driving without authorization
[20:19.540 --> 20:24.540]  They removed the revoked license, so I had 3-73 on me
[20:24.540 --> 20:28.540]  And of course I was found guilty of all three of them
[20:28.540 --> 20:30.540]  I did exactly like what you said
[20:30.540 --> 20:36.540]  I said, you know, mostly in a statement that they are relying upon you guys to stay stupid
[20:36.540 --> 20:40.540]  I mean, to be stupid and continue to be stupid after this hearing
[20:40.540 --> 20:52.540]  And I basically, you know, did follow the rules and the principles and was tried and convicted and not supposed to go for sentencing on Tuesday
[20:52.540 --> 20:54.540]  I mean, I'm sorry, on our Thursday, the coming Thursday
[20:54.540 --> 20:57.540]  Okay, are you going to do your appeal?
[20:57.540 --> 21:00.540]  Yes, I feel like I have a lot of things to bring up
[21:00.540 --> 21:03.540]  The judge acted as a lawyer, he put out, you know, law books
[21:03.540 --> 21:05.540]  And he's done the law books
[21:05.540 --> 21:09.540]  He said that he had jurisdiction when I tried in jurisdiction
[21:09.540 --> 21:11.540]  He said he had jurisdiction because I was there
[21:11.540 --> 21:15.540]  He said that I was engaged in commerce because of the gas
[21:15.540 --> 21:19.540]  The gas is supposed to be some type of commerce or a gas tax
[21:19.540 --> 21:22.540]  So you put gas in your car, you're involved in commerce
[21:22.540 --> 21:27.540]  No, Judge, that would make you a moron
[21:27.540 --> 21:33.540]  Yeah, and he also said, I'm just sitting down, you know, that's the plan
[21:33.540 --> 21:36.540]  I'm looking to maybe get him on judicial conduct or something
[21:36.540 --> 21:39.540]  I thank you guys, you Rand
[21:39.540 --> 21:47.540]  Absolutely, the judge cannot determine whether or not he has jurisdiction unless the other side can prove he does
[21:47.540 --> 21:56.540]  Once jurisdiction is challenged, the other side, not the court, has to prove that the court has it
[21:56.540 --> 22:03.540]  If the court's attempting to prove they have it, that makes the court the moving party, and that can't happen
[22:03.540 --> 22:05.540]  Well, that's what happened, Eddie
[22:05.540 --> 22:10.540]  I'm sitting there and I know what's going on
[22:10.540 --> 22:14.540]  I mean, I think I know that I should have a tapewalking appeal
[22:14.540 --> 22:17.540]  I did the most disimpressed, that was denied
[22:17.540 --> 22:21.540]  I was put up for a blow and hair light, which is a civil issue, not a criminal issue
[22:21.540 --> 22:25.540]  No criminal suspicion existed
[22:25.540 --> 22:31.540]  I also asked the officer on the witness stand to present a specific of a training or location
[22:31.540 --> 22:33.540]  Of course, they didn't have it
[22:33.540 --> 22:41.540]  And also, I stopped the application that I applied for the license, and then it was approved, they didn't have that
[22:41.540 --> 22:48.540]  And the officer had to also admit on the witness stand that he believes everyone on the road is engaged in traffic
[22:48.540 --> 22:55.540]  That he can regulate on his own whim on everybody that's on the road
[22:55.540 --> 22:59.540]  Well, that would make the officer also ignorant
[22:59.540 --> 23:06.540]  Because that's a legal conclusion, and he's not allowed to make it, so how could he testify to it?
[23:06.540 --> 23:11.540]  Well, he didn't, I mean, I asked him and he, I'm going to get admission, because that was an open statement
[23:11.540 --> 23:16.540]  You know, about, I'm not engaged in commerce, you know
[23:16.540 --> 23:23.540]  I love public travel, but just private travel, I just make the roads for my personal, private pleasure
[23:23.540 --> 23:26.540]  Not for business on the road
[23:26.540 --> 23:33.540]  Yeah, well, just make sure that you appeal this, because that's where most people mess up, is they just give up after the trial
[23:33.540 --> 23:37.540]  And I keep telling people, you're not going to win at trial
[23:37.540 --> 23:45.540]  The trial process at the lower court level is entirely rigged against the defense, always has been
[23:45.540 --> 23:51.540]  There is no justice in that court except by sheer accident
[23:51.540 --> 24:01.540]  Well, it's kind of interesting, Eddie, I was pulled over for driving without a license and without registration in D.C.
[24:01.540 --> 24:06.540]  And I prevailed in that case, also in Virginia, I was fired for suspended license, I prevailed
[24:06.540 --> 24:12.540]  And in one of the, in Prince George's County, Maryland, I prevailed over driving on a suspended license
[24:12.540 --> 24:16.540]  But these guys, they don't want to hear it, they don't want to blow it up, they don't want the issue, you know
[24:16.540 --> 24:21.540]  They don't want the jury to know anything about my success, basically to show that there must be some truth
[24:21.540 --> 24:26.540]  In what I'm saying, if I'm getting decent success rates, but some reason in Charles County, you know
[24:26.540 --> 24:32.540]  This is the time to throw the fender, also in Charles County, they really were trying to nail me to the ground hard
[24:32.540 --> 24:37.540]  Yeah, you're going to cost them revenue in the long run if they let you win
[24:37.540 --> 24:43.540]  Yeah, well, and also I got two, I think I said I got two probation hearings coming from colleagues in probation
[24:43.540 --> 24:49.540]  Yeah, that's one of the reasons why you definitely need to appeal and fight this
[24:49.540 --> 24:56.540]  So they're saying, you know, they're saying I'm going to continue to use the roads, to do the influence
[24:56.540 --> 24:59.540]  And I asked the judge for a, he said, are you ready for sentencing?
[24:59.540 --> 25:03.540]  I said, as a no, sir, I'm going to invoke my right to allocution
[25:03.540 --> 25:07.540]  And he said, well, okay, go ahead and do it, and I said, no, no, I need to write it, I need to write it down
[25:07.540 --> 25:12.540]  I've been in it that way, so I need a few days to do that, so he's given me until Thursday to do that
[25:12.540 --> 25:18.540]  So it looks like he's going to try to sentence me, but one thing that I, I've covered so many facts
[25:18.540 --> 25:25.540]  I didn't bring up that I'll bring up, I'm going to do a fine-the-fact, mostly fine-the-fact conclusion of law
[25:25.540 --> 25:32.540]  And I'm also going to file for a motion for withdrawal of J in OV, doesn't have a standing verdict
[25:32.540 --> 25:37.540]  And in my statement, I want to mention, when I turned my license in, I got a receipt
[25:37.540 --> 25:41.540]  And I sent an actual construction notice to the Motor Vehicle Administration
[25:41.540 --> 25:44.540]  Back in 99, they never responded back
[25:44.540 --> 25:49.540]  The reason of time for it has passed, so the Motor Vehicle Administration doesn't have any jurisdiction
[25:49.540 --> 25:52.540]  So the court doesn't, I'm going to make sure I bring that up
[25:52.540 --> 25:56.540]  Okay, sounds like a plan
[25:56.540 --> 26:03.540]  So, I mean, I'm putting all these things, you know, you know, the things that were put about the, you know
[26:03.540 --> 26:07.540]  I didn't have the opportunity to solve for a play
[26:07.540 --> 26:13.540]  So the judges, I guess, just put one in my behalf and did not even ask me
[26:13.540 --> 26:15.540]  That sounds about right
[26:15.540 --> 26:18.540]  There's a lot of errors that the court made in the proceedings
[26:18.540 --> 26:21.540]  Right, and that's what you need to make sure you document
[26:21.540 --> 26:29.540]  If it was not a court of records, you need to do that through affidavits and any transcripts of any recordings you made of it
[26:29.540 --> 26:36.540]  Okay, so if that in a circuit court has to be a court of records, then the next step is the court of special appeal
[26:36.540 --> 26:45.540]  Okay, then you're going to have to file something or pay money, but you're going to have to get a copy of the transcript of that proceeding
[26:45.540 --> 26:48.540]  Okay, and actually that's going to be a big problem
[26:48.540 --> 26:53.540]  We had, let me see, it was a two-day trial
[26:53.540 --> 26:59.540]  And I know, and of course I had motions hearing prior to the trial
[26:59.540 --> 27:05.540]  This, the transcript probably made over $2,000, and I don't have that kind of money
[27:05.540 --> 27:13.540]  I'm going to file an affidavit of indigency and an informal paupress request to get a copy of the transcript
[27:13.540 --> 27:17.540]  Okay, I did that before in the past, I'm a third-time offender, so I did that before in the past
[27:17.540 --> 27:26.540]  I got two cases in the United States Supreme Court right now that's pending appeal, so I've probably been down this road before
[27:26.540 --> 27:29.540]  All right
[27:29.540 --> 27:36.540]  So that's basically what's been going on, let me ask you this now, he said I'm ready for sentencing
[27:36.540 --> 27:41.540]  So I guess they're going to try to sentence me, and of course I'm going to say I'm going to have to stay pending an appeal
[27:41.540 --> 27:47.540]  Have you ever heard of a case where the judge denied a person to stay pending an appeal?
[27:47.540 --> 27:51.540]  Well, yeah, it all depends upon what they're trying to charge you with
[27:51.540 --> 28:02.540]  For certain convictions that would send you to like federal prison, they normally will not stay pending the appeal
[28:02.540 --> 28:06.540]  It all depends on the basic reason why you're going and whether or not they're out to get you
[28:06.540 --> 28:12.540]  But now, is this a fine only or can they throw you in jail up there?
[28:12.540 --> 28:24.540]  It's, what they say is for the drive without authorization is a year, suspended license is a year, $500
[28:24.540 --> 28:31.540]  And the one with the on-stage, they give license to uniformed officer, that's $500
[28:31.540 --> 28:38.540]  And they said that it's going to be, they're not going to, from a standard that the prosecutor doesn't want to emerge
[28:38.540 --> 28:42.540]  And they want them all to be separate
[28:42.540 --> 28:50.540]  The reason they want them separate is so that once you get a conviction for one, if any of the rest of them have subsequent conviction enhancements
[28:50.540 --> 28:54.540]  Then they can hit you with a stiffer penalty
[28:54.540 --> 28:58.540]  You have the right to request that they be conjoined
[28:58.540 --> 29:05.540]  The prosecutor can fight it, but he doesn't have the last and only word in it
[29:05.540 --> 29:09.540]  Okay
[29:09.540 --> 29:13.540]  And I'll tell you something else he said that will blow your mind
[29:13.540 --> 29:19.540]  After the trial he was talking, he said that it makes a difference when you have a driver's license
[29:19.540 --> 29:26.540]  If you apply for a driver's license versus you never did apply for a driver's license, that's a lie
[29:26.540 --> 29:35.540]  Like so I reset my license then, so I should be put back in the south of the world before I had it
[29:35.540 --> 29:39.540]  Should be, but don't count on it
[29:39.540 --> 29:43.540]  Okay, hang on just a second, we're going to break and I'll pick you up when we get back, okay?
[29:43.540 --> 29:48.540]  Kristen, you in California, you hang on, we'll be back here in just a minute after the break
[29:48.540 --> 30:01.540]  All right, folks, 512-646-1984, give us a call, we'll be right back
[30:01.540 --> 30:03.540]  Could a virus make you fat?
[30:03.540 --> 30:07.540]  A new study suggests that being overweight might not be all your fault after all
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[30:41.540 --> 30:45.540]  Think twice before blaming yourself or someone else for being overweight
[30:45.540 --> 30:49.540]  A new study suggests a common childhood virus could be the culprit
[30:49.540 --> 30:57.540]  Researchers found that children exposed to adenovirus 36, an infection that causes short-term gastrointestinal and respiratory symptoms,
[30:57.540 --> 31:01.540]  weighed an average of 52 pounds more than children who were never infected
[31:01.540 --> 31:08.540]  Researchers believe this fat virus increases the body's fat cells and makes it harder for the body to break down mature fat cells later
[31:08.540 --> 31:12.540]  The result is that people affected by the virus store more fat overall
[31:12.540 --> 31:15.540]  So go easy on the next overweight person you see
[31:15.540 --> 31:19.540]  Diet and exercise may not work as well for them as they do for you
[31:19.540 --> 31:31.540]  I'm Dr. Katherine Albrecht, more news and information at KatherineAlbrecht.com
[31:49.540 --> 31:55.540]  Diet alcoholizes, oxygenate, kills parasites, does the job of 10 products, fat saves you space, time and money
[31:55.540 --> 32:01.540]  Call 888-910-4367 only at lusa.org
[32:01.540 --> 32:06.540]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar
[32:06.540 --> 32:08.540]  In today's America we live in an us against them society
[32:08.540 --> 32:13.540]  If we the people are ever going to have a free society then we're going to have to stand and defend our own rights
[32:13.540 --> 32:18.540]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity
[32:18.540 --> 32:20.540]  and most importantly the right to due process of law
[32:20.540 --> 32:26.540]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process
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[32:32.540 --> 32:36.540]  that will help you understand what due process is and how to hold the courts to the rule of law
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[33:01.540 --> 33:12.540]  Live Free Speech Radio, logosradionetwork.com
[33:12.540 --> 33:20.540]  Yeah, I got a warrant and I'm gonna solve them
[33:20.540 --> 33:23.540]  To the head of the government, them
[33:23.540 --> 33:25.540]  Prosecute them
[33:25.540 --> 33:27.540]  Okay
[33:27.540 --> 33:31.540]  Who's that?
[33:31.540 --> 33:36.540]  This is a race for distribution
[33:36.540 --> 33:41.540]  This is a race for the chain
[33:41.540 --> 33:44.540]  Well I need a prosecutor to come and help me
[33:44.540 --> 33:51.540]  Alright folks, we are back, this is Rule of Law Radio, calling number 512-646-1984
[33:51.540 --> 33:53.540]  We're currently talking to Jimmy in Maryland
[33:53.540 --> 33:56.540]  Alright Jimmy, go ahead
[33:56.540 --> 34:01.540]  During the, which I told you, you probably remember when I told you this
[34:01.540 --> 34:05.540]  I was cited for a license that didn't hit my date of birth
[34:05.540 --> 34:11.540]  And it wasn't, the driver's license number wasn't the one that I applied for
[34:11.540 --> 34:13.540]  So it's a completely different driver's license
[34:13.540 --> 34:16.540]  And I found out through the trial, the license doesn't exist
[34:16.540 --> 34:20.540]  They try to use, you know, this bogus driver's license
[34:20.540 --> 34:23.540]  They put out the real driver's not surrendered
[34:23.540 --> 34:27.540]  Who presented that license information to the court?
[34:27.540 --> 34:29.540]  The prosecutor did
[34:29.540 --> 34:32.540]  Okay, then you need to go after that prosecutor
[34:32.540 --> 34:40.540]  Bar grieve him, and in the bar grievance you're going to state that he perpetrated fraud upon the court
[34:40.540 --> 34:43.540]  You're going to do a separate bar grievance for judicial ethics
[34:43.540 --> 34:47.540]  Or, you know, professional conduct violations
[34:47.540 --> 34:52.540]  Not only did he perpetrate fraud upon the court, but he tampered with evidence
[34:52.540 --> 34:55.540]  Okay
[34:55.540 --> 35:00.540]  Okay, and he suborned perjury, because who testified to the license?
[35:00.540 --> 35:06.540]  He had a, this is how he put it, this is how he put it
[35:06.540 --> 35:11.540]  He had a lady from the, you know, that's a clerk from the state's attorney's office
[35:11.540 --> 35:13.540]  They had her get up and testify
[35:13.540 --> 35:17.540]  She printed out something she said that she got from the NBA
[35:17.540 --> 35:18.540]  Wait, wait, wait, wait
[35:18.540 --> 35:20.540]  How? Okay
[35:20.540 --> 35:27.540]  The information from the computer should always be challenged as hearsay information
[35:27.540 --> 35:32.540]  Unless the person that actually entered it is the one testifying to it
[35:32.540 --> 35:37.540]  That person has to enter it, and that person has to retrieve it
[35:37.540 --> 35:42.540]  This is what they said, they said that she's only testifying to the authorization
[35:42.540 --> 35:46.540]  And I objected, like I said, I objected based on hearsay, and I asked the question, I said did you
[35:46.540 --> 35:50.540]  What authorization?
[35:50.540 --> 35:57.540]  This is how they try to present some, I'm sorry, authenticity, not authorization, authenticity
[35:57.540 --> 36:00.540]  Authenticity of what?
[36:00.540 --> 36:03.540]  The record or the license?
[36:03.540 --> 36:05.540]  The record
[36:05.540 --> 36:12.540]  She didn't pull the record, she can't testify to its authenticity, that's the whole point
[36:12.540 --> 36:20.540]  That's what they had her, like I said, the judge is playing like he pulls out, you know, one of the anti-cold
[36:20.540 --> 36:26.540]  The Merlin cold and trying to show me that a printout can be used because I objected to it based upon hearsay
[36:26.540 --> 36:30.540]  And so he denied my objection, so exception taken
[36:30.540 --> 36:35.540]  That's how I wanted to cross question her, that she, you know, she just doesn't know anything
[36:35.540 --> 36:37.540]  And I asked the same thing, do you have anything to add?
[36:37.540 --> 36:42.540]  Well, if the prosecutor got her up there to testify about a license number that was false and fictitious
[36:42.540 --> 36:49.540]  He suborned perjury, and the witness committed perjury
[36:49.540 --> 36:56.540]  How do you testify that a record is authentic when the information in the record is falsified?
[36:56.540 --> 37:00.540]  How is that possible?
[37:00.540 --> 37:05.540]  Precisely
[37:05.540 --> 37:09.540]  So somebody knew they were lying
[37:09.540 --> 37:17.540]  Yeah, yeah, like I said, that's some barbarism there
[37:17.540 --> 37:25.540]  But also, my outside argument, you know, when a license that's surrendered, it becomes null and void
[37:25.540 --> 37:27.540]  And again, you can't suspend something
[37:27.540 --> 37:34.540]  I have a case, Williams v. Ohio, where it states that the state can't suspend something that does not exist
[37:34.540 --> 37:36.540]  Right
[37:36.540 --> 37:43.540]  Nor can they suspend it retroactively, thus making it a crime when it wasn't a crime before
[37:43.540 --> 37:52.540]  See, this stuff about the ex post facto laws, when they go back and they suspend a license that was not suspended
[37:52.540 --> 38:02.540]  Because it was already expired, and do that for the purpose of criminalizing an event by an individual who may at one point have possessed that license
[38:02.540 --> 38:06.540]  That is an ex post facto action
[38:06.540 --> 38:07.540]  Uh-huh
[38:07.540 --> 38:11.540]  It's illegal
[38:11.540 --> 38:19.540]  Well, I thought that if I closed the state, I said the rest of the case doesn't exist as a crime, because I turned and looked at the across
[38:19.540 --> 38:30.540]  Well, that should, again, how could this state's individual over here testify to the authenticity of a record when the license in the record doesn't exist?
[38:30.540 --> 38:33.540]  Exactly
[38:33.540 --> 38:35.540]  They both don't exist
[38:35.540 --> 38:41.540]  I mean, like I said, I surrendered my name to the state, it was turned and destroyed back in 1998
[38:41.540 --> 38:48.540]  Well, this is what happens when you let idiots run the system
[38:48.540 --> 38:53.540]  So we either need to change the system or get rid of the idiots
[38:53.540 --> 38:57.540]  You ever heard of a continuing objection?
[38:57.540 --> 39:01.540]  Yeah, it's called a standing objection
[39:01.540 --> 39:06.540]  Okay, we're going to get you a continuing objection because we can't get you because you objected
[39:06.540 --> 39:10.540]  Yeah, you can use commercial terms, but that's my defense, I'm not engaged in commerce
[39:10.540 --> 39:24.540]  Right, but if they give you a standing objection in relation to those terms, then every time they're used, the appeals court will presume from that standing objection that you objected to, even though you didn't actually have to at that point
[39:24.540 --> 39:25.540]  Okay
[39:25.540 --> 39:31.540]  So if they call it a continuing objection, it's the same thing, it's a standing objection
[39:31.540 --> 39:36.540]  Okay
[39:36.540 --> 39:41.540]  So based on what I told you, how am I graded? Do I get a C, D?
[39:41.540 --> 39:47.540]  Hey, it sounds like if you headed all these off at the pass as they were doing them, you got an A
[39:47.540 --> 39:59.540]  If you got that far and objected each time they did something wrong and you're not just blowing smoke up my skirt to sound like you're doing what everything is right, which ain't helping you, but sounds good on the radio
[39:59.540 --> 40:04.540]  But if you did do it right, then you got an A because you're doing exactly what I'm talking about
[40:04.540 --> 40:11.540]  When they do something they're not supposed to do, it's not an error until you object to it
[40:11.540 --> 40:22.540]  And if you fail to object, they win, and if you're being modest with me, then you objected, so it's in there for the record, that's what you got to have
[40:22.540 --> 40:33.540]  Okay, so I have to get on to it, like you said, that motion that I'm in, what's the word you said, indigent?
[40:33.540 --> 40:34.540]  Indigent
[40:34.540 --> 40:40.540]  Yeah, because I can't afford to, I can't afford the transcript, I know that's something that's
[40:40.540 --> 40:43.540]  It's an affidavit of indigency
[40:43.540 --> 40:54.540]  Indigency, okay, okay, I'm not going to hold you up, I appreciate your time and everything, and keep up the work, and I'm fighting a good fight, and you know, to death
[40:54.540 --> 41:02.540]  It might lock me up, I don't know, I might have to call you next week, but you know what happens when I go for sentencing or just let you know if I'm free or what's going on
[41:02.540 --> 41:10.540]  All right, Jimmy, well, God bless and take care, man, I hope it all works out like you need to, but get that appeal in, don't let it slide by and get away from you
[41:10.540 --> 41:11.540]  Definitely
[41:11.540 --> 41:12.540]  All right
[41:12.540 --> 41:13.540]  All right, take care, Eddie, thanks a lot
[41:13.540 --> 41:16.540]  Yes, sir, you have a good one
[41:16.540 --> 41:17.540]  Bye-bye
[41:17.540 --> 41:18.540]  Bye-bye
[41:18.540 --> 41:24.540]  All right, now we're going to go to Christian in California, Christian, what can we do for you?
[41:24.540 --> 41:26.540]  Hey, Eddie, can you hear me okay?
[41:26.540 --> 41:27.540]  Yep
[41:27.540 --> 41:30.540]  Oh, okay, I got two questions for you
[41:30.540 --> 41:31.540]  Okay
[41:31.540 --> 41:44.540]  The first one I got, I was wondering, do we need to make any modifications to the transportation script after the North Carolina v. Holmes case?
[41:44.540 --> 41:50.540]  Like, do we have to quote any vehicle code to the officer so they can't claim ignorance of the law?
[41:50.540 --> 42:02.540]  No, because we're not arguing anything at all about the vehicle code, we're protecting our right not to give information against ourselves to anyone for any reason
[42:02.540 --> 42:09.540]  You see anything in that transportation script that says anything about arguing code with anybody?
[42:09.540 --> 42:10.540]  Oh, no
[42:10.540 --> 42:19.540]  Right, the code is specifically meant to not try to educate the cop on what an idiot he is on the side of the road
[42:19.540 --> 42:26.540]  You protect yourself and your rights, that's all
[42:26.540 --> 42:34.540]  Is there a way to protect ourselves from the police saying or claiming ignorance of the law?
[42:34.540 --> 42:40.540]  Well, that depends on what they do in relation to that claimed ignorance
[42:40.540 --> 42:49.540]  The Supreme Court ruled that they could make a mistake of law, they cannot make a mistake of right, okay?
[42:49.540 --> 42:58.540]  The officer knows when he's using excessive force unnecessarily, they can't claim ignorance of that, okay?
[42:58.540 --> 43:02.540]  But he can claim ignorance of is it one light or is it two?
[43:02.540 --> 43:09.540]  But then again, you have to remember something else about this ruling, this is the part that everybody tends to forget about this ruling
[43:09.540 --> 43:15.540]  And why the Supreme Court ruled the way it did, why it had to rule the way that it did
[43:15.540 --> 43:27.540]  The moron driving the truck consented to the search, therefore the mistake of law by the officer did not matter
[43:27.540 --> 43:29.540]  Got it?
[43:29.540 --> 43:31.540]  Oh, I see
[43:31.540 --> 43:35.540]  Okay, that would be good to follow the script, it would have
[43:35.540 --> 43:42.540]  If he had done what was in my script, that case would have come out completely different than it did, I guarantee it
[43:42.540 --> 43:44.540]  Oh, I hear the music, Eddie
[43:44.540 --> 43:48.540]  Yeah, hang on just a second, we're going to take a break but we'll be right back, all right?
[43:48.540 --> 43:54.540]  All right, folks, 512-646-1984, give us a call, give us a holler, get in line
[43:54.540 --> 44:00.540]  I got one guy left here and that's Christian, so y'all get us on and let's go
[44:00.540 --> 44:03.540]  Are you the plaintiff or defendant in a lawsuit?
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[46:14.540 --> 46:32.540]  Alright folks, we are back. This is Rule of Law Radio, the call in number 512-646-1984
[46:32.540 --> 46:35.540]  and we are talking with Christian in California.
[46:35.540 --> 46:39.540]  Alright Christian, anything else you want to go over on the script side of things?
[46:39.540 --> 46:43.540]  Nothing else on the script.
[46:43.540 --> 46:46.540]  Okay, what else you got?
[46:46.540 --> 46:54.540]  My second question is, I was wondering if the tax code is like the vehicle code
[46:54.540 --> 47:03.540]  where the vehicle code is applied to people in commerce. Is the tax code only applied to...
[47:03.540 --> 47:07.540]  Which tax code are we talking about?
[47:07.540 --> 47:11.540]  Oh, the Internal Revenue Code or...
[47:11.540 --> 47:19.540]  The Internal Revenue Code is applicable only to government employees and foreign corporations, no one else.
[47:19.540 --> 47:24.540]  You really want to know that and understand everything about it in great detail?
[47:24.540 --> 47:31.540]  Contact a friend of mine, Dave Champion. He's written a book called Income Tax Shattering the Myths
[47:31.540 --> 47:40.540]  and it will go into every single part of the tax code that matters and show you exactly why it doesn't apply
[47:40.540 --> 47:53.540]  according to what it says itself and what the case law associated with each provision he's talking about actually is.
[47:53.540 --> 48:02.540]  And you can go, I think it's to taxrevolt.org is one of the websites you can go to.
[48:02.540 --> 48:15.540]  Taxtruth.org and incometaxtruth.com. Either one of those will get you to his website where you can get his book if you want to know.
[48:15.540 --> 48:16.540]  Okay.
[48:16.540 --> 48:21.540]  But his book doesn't tell you how to file and get a refund and do all this.
[48:21.540 --> 48:29.540]  His book tells you why you don't have to file or pay anything in the first place.
[48:29.540 --> 48:36.540]  I see. Even better. Don't even let them take it.
[48:36.540 --> 48:51.540]  Well, the nice thing is it will also give you the information you need that if they come calling, you can fight right back.
[48:51.540 --> 48:56.540]  You there?
[48:56.540 --> 48:57.540]  For people that are...
[48:57.540 --> 49:02.540]  Okay. Never mind. Sorry. Somehow or other you got muted. I don't know how that happened.
[49:02.540 --> 49:03.540]  All right.
[49:03.540 --> 49:04.540]  Okay. Can you hear me okay right now?
[49:04.540 --> 49:06.540]  I can now.
[49:06.540 --> 49:14.540]  Okay. I guess the second part of this question is for people that I don't know what this can be considered self-employed,
[49:14.540 --> 49:19.540]  but if someone was a professional gambler or traded currency for a living...
[49:19.540 --> 49:25.540]  Okay. Wait a minute. What does self-employed have to do with anything at this point?
[49:25.540 --> 49:35.540]  Oh, I was going to...I was wondering if they would ever try to rob me of my account if I just wasn't giving them away money that I earned.
[49:35.540 --> 49:39.540]  I don't know if that would qualify as income.
[49:39.540 --> 49:56.540]  Only federal and state and local government employees and corporations get paid wages, which is the only income the tax code discusses.
[49:56.540 --> 50:07.540]  Wages. They are the only ones that can get paid wages. Are you one of those things?
[50:07.540 --> 50:08.540]  No, sir.
[50:08.540 --> 50:17.540]  Then you cannot be self-employed for the purpose of being paid wages for anything, right?
[50:17.540 --> 50:19.540]  Yes.
[50:19.540 --> 50:25.540]  Okay. You need to read his book. His book will explain it in great detail, but it will explain it.
[50:25.540 --> 50:33.540]  Okay. Yeah, I'll check that out, Dave Tramp, and I'll check those links out too.
[50:33.540 --> 50:34.540]  Okay.
[50:34.540 --> 50:36.540]  Thanks a lot, Eddie.
[50:36.540 --> 50:39.540]  No problem, man. Good luck.
[50:39.540 --> 50:47.540]  All right. Anything else? I'm going to go with no because he's gone.
[50:47.540 --> 50:52.540]  All right. Adam in California. Adam?
[50:52.540 --> 50:53.540]  Hi.
[50:53.540 --> 50:54.540]  Hi.
[50:54.540 --> 51:03.540]  Hi. I talked to you about three weeks ago concerning a case. They are...they're accusing me of dumping trash in someone's front yard.
[51:03.540 --> 51:04.540]  Yes.
[51:04.540 --> 51:16.540]  On the street. And I had my arraignment today, and I told them that I could not enter a plea.
[51:16.540 --> 51:28.540]  I could not enter a consumable plea. And the judge said to me that I had to either plead guilty or not guilty.
[51:28.540 --> 51:37.540]  And then I basically repeated myself. I said that I could not in good conscience enter a plea at all.
[51:37.540 --> 51:44.540]  And then he tried to trick me by asking if I wanted this to get a trial. And I said yes.
[51:44.540 --> 51:51.540]  And then he said to me, well, then it's a plea of not guilty.
[51:51.540 --> 52:02.540]  And then he tried to just move past that and settle the matter. And then I said, well, I'm not able to...I'm not saying that I want a not guilty plea.
[52:02.540 --> 52:05.540]  I can't in good conscience enter a plea at all.
[52:05.540 --> 52:11.540]  And then he said he would not entertain a discussion of constitutional law at this point.
[52:11.540 --> 52:19.540]  And he said, look, it's very simple. You have two choices. There's only two possibilities. It's either guilty or not guilty.
[52:19.540 --> 52:28.540]  And if you want to play games and you want to think about this, we can take you into custody and give you some time to think about it.
[52:28.540 --> 52:36.540]  But he was threatening to arrest me basically because I wouldn't play their game and plead guilty or not guilty.
[52:36.540 --> 52:50.540]  And then I told them that I still couldn't do that. I do want to get a trial, but I'm not entering a plea like that.
[52:50.540 --> 52:58.540]  And then he got mad and he said, well, go ahead and sit down and we'll hear your case at the end of the day. You'll be here until 5 o'clock.
[52:58.540 --> 53:06.540]  And I should have objected at that point, but I didn't. I went and sat down and waited until the end of the day.
[53:06.540 --> 53:11.540]  And then when I went back up, he said, you're making this a lot harder for yourself.
[53:11.540 --> 53:23.540]  The people have an offer that is much less than what it could be if you go to trial and you're found guilty or whatever, you know, because there is possible jail time after six months.
[53:23.540 --> 53:29.540]  What kind of court was this? It's a superior court.
[53:29.540 --> 53:38.540]  Okay. And this is a misdemeanor charge.
[53:38.540 --> 53:43.540]  Now, my question. Well, yeah, let me continue with what happened the second time I went out.
[53:43.540 --> 53:57.540]  So he said you could make this a lot easier on yourself. You know, if you accept their offer, it's a lot less than what it could be.
[53:57.540 --> 54:04.540]  You waived your right to hire an attorney. You're chosen to defend yourself.
[54:04.540 --> 54:09.540]  And this is why it's often a mistake for a lot of people. They don't know what they're doing.
[54:09.540 --> 54:14.540]  And, you know, a lawyer can help you to figure things out.
[54:14.540 --> 54:25.540]  And then he said, if you want, we can continue the arraignment on a future date and give you some time if you want to discuss it with an attorney or think things through.
[54:25.540 --> 54:34.540]  And I agreed to that. And so now I have a date one month from now to come back and continue the arraignment.
[54:34.540 --> 54:42.540]  So I've got a couple questions for you so I can understand a little bit better how to represent myself when I go back.
[54:42.540 --> 54:48.540]  Well, the first thing is you're going to move to disqualify this judge. This judge is not being fair or impartial.
[54:48.540 --> 54:55.540]  The judge is trying to coerce you into taking the prosecution's deal. That's not being fair and impartial.
[54:55.540 --> 55:02.540]  Second, the judge doesn't have an option as to when the Constitution applies in this court and when it doesn't.
[55:02.540 --> 55:08.540]  A violation of your rights is a violation of your rights no matter when it's being perpetrated.
[55:08.540 --> 55:22.540]  If you have not been given proper notice in accordance with law and the right of due process, then they cannot compel you to enter a plea, period.
[55:22.540 --> 55:27.540]  And they couldn't compel you even if they did all of those things.
[55:27.540 --> 55:29.540]  Okay.
[55:29.540 --> 55:42.540]  The only power the court has is to enter a plea if you refuse, like here in Texas, or if the statute specifically empowers them to do it if you don't do it in one form or fashion or whatever.
[55:42.540 --> 55:53.540]  But they don't have the power to do anything that the statutes do not specifically authorize them to do in relation to that procedure.
[55:53.540 --> 56:03.540]  Okay. Now what he said to me is that he will not entertain a discussion of constitutional law.
[56:03.540 --> 56:09.540]  You're not here to discuss it. You're here to demand your rights under it, whatever they are.
[56:09.540 --> 56:15.540]  There is no discussion, Judge. You're bound by them. We don't have to discuss it.
[56:15.540 --> 56:28.540]  Right. I wish I had said that to him. But now does his statement constitute him refusing to honor my rights?
[56:28.540 --> 56:38.540]  His statements is him trying to set his court apart and absent from operating under constitutional procedure and protections.
[56:38.540 --> 56:44.540]  He's trying to operate outside of the very law that created him. He can't do that.
[56:44.540 --> 56:51.540]  Right. Okay.
[56:51.540 --> 56:59.540]  Now, do I need to bring up the concept of special visitation at all when I go back?
[56:59.540 --> 57:02.540]  Special visitation?
[57:02.540 --> 57:03.540]  Yeah.
[57:03.540 --> 57:06.540]  What, you want conjugal visits in jail? What?
[57:06.540 --> 57:19.540]  No, no, I'm not talking about that. I'm referring to, I've heard people, instead of admitting to coming under their jurisdiction, they say, I'm here under special visitation.
[57:19.540 --> 57:25.540]  Right. The patronuts.
[57:25.540 --> 57:26.540]  Is that something I should?
[57:26.540 --> 57:36.540]  Have you bothered to read anything at all about proper court procedure for the type of case you're involved in, in the state you're in?
[57:36.540 --> 57:37.540]  I've read some, but I'm-
[57:37.540 --> 57:44.540]  Whoa, whoa, whoa. What is some? The back of a cereal box or an actual book?
[57:44.540 --> 57:46.540]  I've read stuff that I've gotten off your site.
[57:46.540 --> 57:49.540]  Off of my site? What state are you in?
[57:49.540 --> 57:52.540]  California.
[57:52.540 --> 58:00.540]  California. Okay. What on my site deals with criminal procedure in California?
[58:00.540 --> 58:02.540]  Nothing. I know it mentioned Texas.
[58:02.540 --> 58:09.540]  Right. You need to be reading the code in California that deals with criminal procedure.
[58:09.540 --> 58:12.540]  Right. Okay.
[58:12.540 --> 58:18.540]  All right. That being said, you got any more you want to go on with? If so, I'll hold you over.
[58:18.540 --> 58:20.540]  Yeah, I have a few more questions.
[58:20.540 --> 58:23.540]  Okay. Hang on. We'll pick you up on the other side of the break.
[58:23.540 --> 58:30.540]  All right, folks. This is Rule of Law Radio. The call in number is 512-646-1984.
[58:30.540 --> 58:35.540]  Give us a call. Give us a holler. Give us a complaint. Give us a question. Give us something to talk about.
[58:35.540 --> 58:37.540]  We need some people, so let's get in line.
[58:37.540 --> 58:50.540]  We'll be right back after this break, so you all hang in there.
[58:50.540 --> 58:58.540]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
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[59:50.540 --> 01:00:02.540]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:00:02.540 --> 01:00:09.540]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:09.540 --> 01:00:13.540]  I'm Brian Hagan with your Liberty Beat for Monday, March 9, 2015.
[01:00:13.540 --> 01:00:22.540]  Gold is trading at $1,169, silver at $15.91, and bitcoin is trading around $277.54.
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[01:00:30.540 --> 01:00:36.540]  In the news, to commemorate the 50th anniversary of the 1965 Bloody Sunday March in Soma, Alabama,
[01:00:36.540 --> 01:00:39.540]  thousands of people retraced the steps of the historic civil rights event.
[01:00:39.540 --> 01:00:45.540]  An estimated 70,000 people sang songs, cheered and carried signs across the Edmund Pettus Bridge.
[01:00:45.540 --> 01:00:52.540]  The original march took place on March 7, 1965, and resulted in around 600 peaceful civil rights activists
[01:00:52.540 --> 01:01:00.540]  being beaten and sprayed with tear gas by white state troopers and local police.
[01:01:00.540 --> 01:01:04.540]  Saturday night, tens and thousands of Israelis gathered in Tel Aviv,
[01:01:04.540 --> 01:01:08.540]  calling for Prime Minister Benjamin Netanyahu to be replaced in upcoming elections.
[01:01:08.540 --> 01:01:12.540]  The rally in Rabin Twer was organized by a non-profit organization,
[01:01:12.540 --> 01:01:17.540]  calling for Israel to focus on health, education, housing, and the country's cost of living.
[01:01:17.540 --> 01:01:20.540]  The keynote speaker was former Mossad chief Meir Dagen,
[01:01:20.540 --> 01:01:23.540]  who recently accused Netanyahu of being responsible for, quote,
[01:01:23.540 --> 01:01:30.540]  the greatest strategic damage to Israel, end quote.
[01:01:30.540 --> 01:01:37.540]  Gun rights activists in Spokane, Washington, defied a recent court ruling that banned firearms outside a federal courthouse.
[01:01:37.540 --> 01:01:42.540]  Two activists with Liberty for All rallied outside the U.S. courthouse plaza in Spokane
[01:01:42.540 --> 01:01:45.540]  following the February 25th arrest of a local gun supporter.
[01:01:45.540 --> 01:01:51.540]  The Department of Homeland Security instructed the protesters that a recent court ruling banned their weapons
[01:01:51.540 --> 01:01:53.540]  from being carried immediately outside the building.
[01:01:53.540 --> 01:01:58.540]  Despite that fact, activists held their rally directly outside the courthouse.
[01:01:58.540 --> 01:02:02.540]  Around 30 demonstrators with rifles held signs and chanted outside the building.
[01:02:02.540 --> 01:02:04.540]  No arrests were made.
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[01:02:52.540 --> 01:02:57.540]  This is the Liberty Beat for Monday, March 9th, 2015.
[01:02:57.540 --> 01:03:00.540]  Check out the website at thelibertybeat.com.
[01:03:00.540 --> 01:03:11.540]  It's all according to the will of the Almighty.
[01:03:11.540 --> 01:03:19.540]  I read his book and it says he cares not for the unsightly.
[01:03:19.540 --> 01:03:26.540]  These warmongers come by that term rightly.
[01:03:26.540 --> 01:03:34.540]  All right, folks, we are back. This is Rule of Law Radio, the call-in number 512-646-1984.
[01:03:34.540 --> 01:03:36.540]  Right now, I've only got Adam up on the board.
[01:03:36.540 --> 01:03:39.540]  I need somebody else to talk to, folks.
[01:03:39.540 --> 01:03:42.540]  All right, Adam, go ahead.
[01:03:42.540 --> 01:03:46.540]  Okay, you mentioned that I should try to disqualify the judge.
[01:03:46.540 --> 01:03:50.540]  Now, if I succeed in doing that, will that dismiss the charges?
[01:03:50.540 --> 01:03:51.540]  No.
[01:03:50.540 --> 01:03:52.540]  Or will they just find another judge?
[01:03:52.540 --> 01:03:56.540]  Find another judge, preferably one that will actually pay attention to your due process rights.
[01:03:56.540 --> 01:03:58.540]  That's what you're after.
[01:03:58.540 --> 01:04:04.540]  Okay. And how do I go about disqualifying him? Are there any forms I have to fill out?
[01:04:04.540 --> 01:04:09.540]  Well, probably you have to find out what constitutes a judicial conduct complaint
[01:04:09.540 --> 01:04:15.540]  and a motion to disqualify in California.
[01:04:15.540 --> 01:04:18.540]  Okay. And then once I find out how to do that,
[01:04:18.540 --> 01:04:22.540]  is that something I'm going to do at the continued arraignment or do I do it?
[01:04:22.540 --> 01:04:27.540]  You need to get it written and filed ASAP.
[01:04:27.540 --> 01:04:29.540]  Okay.
[01:04:29.540 --> 01:04:33.540]  Because the last thing you want to do is be trying to get rid of a judge
[01:04:33.540 --> 01:04:39.540]  and allowing that judge to make rulings in your case at any point whatsoever.
[01:04:39.540 --> 01:04:45.540]  Right. Okay.
[01:04:45.540 --> 01:04:51.540]  Be sure and if you are recording these court appearances, right?
[01:04:51.540 --> 01:04:56.540]  Well, actually, I tried to record it today and they said that I'm not allowed to.
[01:04:56.540 --> 01:05:02.540]  Did you show or tell them you were going to record the proceeding?
[01:05:02.540 --> 01:05:03.540]  I didn't tell them that.
[01:05:03.540 --> 01:05:06.540]  How did they know?
[01:05:06.540 --> 01:05:08.540]  They saw my recording device.
[01:05:08.540 --> 01:05:12.540]  How did they see your recording device?
[01:05:12.540 --> 01:05:15.540]  Well, I had it with my papers.
[01:05:15.540 --> 01:05:16.540]  I had it face down.
[01:05:16.540 --> 01:05:19.540]  I didn't think they would see it, but the bailiff walked over
[01:05:19.540 --> 01:05:22.540]  and he saw that I had a stack of papers and stuff,
[01:05:22.540 --> 01:05:26.540]  so he took a closer look at it and he saw it.
[01:05:26.540 --> 01:05:30.540]  But they told me that all the proceedings are recorded by the court,
[01:05:30.540 --> 01:05:32.540]  and so I'm going to request it from them.
[01:05:32.540 --> 01:05:37.540]  Okay. You can request it, but they're going to make you pay for it.
[01:05:37.540 --> 01:05:39.540]  I understand at this point.
[01:05:39.540 --> 01:05:44.540]  Record the proceedings, but don't put your recorder out there
[01:05:44.540 --> 01:05:48.540]  where they can see that you're doing it.
[01:05:48.540 --> 01:05:49.540]  Right.
[01:05:49.540 --> 01:05:57.540]  It is imperative that you have something to compare their recordings to
[01:05:57.540 --> 01:06:01.540]  that would prove whether or not they've tampered with their recording
[01:06:01.540 --> 01:06:04.540]  and their transcripts, wouldn't it?
[01:06:04.540 --> 01:06:05.540]  Yes.
[01:06:05.540 --> 01:06:09.540]  Just to mention, you don't have to pay a whole lot of money to transcribe
[01:06:09.540 --> 01:06:13.540]  your own recording to get an accurate affidavit of facts to put in
[01:06:13.540 --> 01:06:18.540]  about what the judge said or did during any proceeding, right?
[01:06:18.540 --> 01:06:22.540]  Right.
[01:06:22.540 --> 01:06:23.540]  Okay.
[01:06:23.540 --> 01:06:25.540]  That's like a magician walking onto the stage
[01:06:25.540 --> 01:06:33.540]  and explaining how his trick works before he does it.
[01:06:33.540 --> 01:06:40.540]  Record them, but don't let them see or know you're recording them.
[01:06:40.540 --> 01:06:41.540]  Okay.
[01:06:41.540 --> 01:06:44.540]  They are public servants in the performance of their public duty
[01:06:44.540 --> 01:06:47.540]  in a publicly accessible place.
[01:06:47.540 --> 01:06:48.540]  It is not wiretapping.
[01:06:48.540 --> 01:06:49.540]  It is not illegal.
[01:06:49.540 --> 01:06:51.540]  You know the recording is happening.
[01:06:51.540 --> 01:06:54.540]  You're a party to the conversation.
[01:06:54.540 --> 01:06:57.540]  It's a public proceeding.
[01:06:57.540 --> 01:07:02.540]  So you can record total strangers' conversations on the street
[01:07:02.540 --> 01:07:04.540]  if they're in public.
[01:07:04.540 --> 01:07:08.540]  You can do the same thing in that courtroom if they're within hearing range.
[01:07:08.540 --> 01:07:12.540]  But you don't care about anything except your particular case.
[01:07:12.540 --> 01:07:17.540]  That means you need to be recording before you ever enter the building.
[01:07:17.540 --> 01:07:19.540]  That way you don't have to touch the recorder
[01:07:19.540 --> 01:07:23.540]  and you don't have to lay it out there for somebody to accidentally see.
[01:07:23.540 --> 01:07:24.540]  Right.
[01:07:24.540 --> 01:07:27.540]  Okay.
[01:07:27.540 --> 01:07:36.540]  So my other question is should my goal here be to avoid a trial or do I want a trial?
[01:07:36.540 --> 01:07:37.540]  Well, that depends.
[01:07:37.540 --> 01:07:43.540]  How well do you think you would do going to trial?
[01:07:43.540 --> 01:07:47.540]  Based on the evidence that I know they have in their report,
[01:07:47.540 --> 01:07:49.540]  there's basically nothing there.
[01:07:49.540 --> 01:07:50.540]  So I think it would be fine.
[01:07:50.540 --> 01:07:51.540]  Whoa, whoa, whoa, whoa, whoa.
[01:07:51.540 --> 01:07:57.540]  What do you mean there's nothing there?
[01:07:57.540 --> 01:08:06.540]  They have a vague description of my car being seen at the location that this happened,
[01:08:06.540 --> 01:08:11.540]  but they don't have a license plate.
[01:08:11.540 --> 01:08:12.540]  Okay.
[01:08:12.540 --> 01:08:15.540]  And that's what the police report says.
[01:08:15.540 --> 01:08:20.540]  But that's not the only thing that's going to get up there and be testified to, is it?
[01:08:20.540 --> 01:08:24.540]  You've got the person whose yard it was in that claimed that they saw it
[01:08:24.540 --> 01:08:27.540]  and gave them that description, right?
[01:08:27.540 --> 01:08:28.540]  Yeah.
[01:08:28.540 --> 01:08:33.540]  And you think the prosecution is not going to call that individual to the stand?
[01:08:33.540 --> 01:08:34.540]  I'm assuming they will.
[01:08:34.540 --> 01:08:35.540]  Okay.
[01:08:35.540 --> 01:08:39.540]  And you don't think that person may suddenly have perfect recollection
[01:08:39.540 --> 01:08:47.540]  because they've driven by your house twice and taken pictures of your car?
[01:08:47.540 --> 01:08:51.540]  Well, I don't know how convincing this will be to a jury,
[01:08:51.540 --> 01:08:59.540]  but my car is parked outside and was also seen outside at a service station.
[01:08:59.540 --> 01:09:00.540]  Okay.
[01:09:00.540 --> 01:09:01.540]  My point here is this.
[01:09:01.540 --> 01:09:07.540]  There's no way that you could prevent them from trumping up the evidence they need to make you look guilty
[01:09:07.540 --> 01:09:14.540]  if your car is in plain view for them to get the description of any time they want.
[01:09:14.540 --> 01:09:15.540]  Yeah.
[01:09:15.540 --> 01:09:17.540]  And yourself for that matter.
[01:09:17.540 --> 01:09:21.540]  So you've got two possibilities here for your favor.
[01:09:21.540 --> 01:09:28.540]  One, witnesses that will get on the stand and do character testimony on your behalf
[01:09:28.540 --> 01:09:34.540]  and state that you have had a bad relationship with this person because of,
[01:09:34.540 --> 01:09:38.540]  if they were actually working in your favor instead of against you,
[01:09:38.540 --> 01:09:42.540]  like you dumped it to retaliate, you follow me?
[01:09:42.540 --> 01:09:43.540]  Right.
[01:09:43.540 --> 01:09:49.540]  Or B, an alibi that makes it impossible for you to have been at that location
[01:09:49.540 --> 01:09:54.540]  dumping trash at the time in question?
[01:09:54.540 --> 01:09:55.540]  Okay.
[01:09:55.540 --> 01:09:56.540]  Okay.
[01:09:56.540 --> 01:10:00.540]  Or third, and one that will be a lot harder for you to prove,
[01:10:00.540 --> 01:10:03.540]  the guy wasn't even at home when this allegedly occurred
[01:10:03.540 --> 01:10:09.540]  and lied to the police about what he saw because he couldn't see it if he wasn't there, right?
[01:10:09.540 --> 01:10:11.540]  Right.
[01:10:11.540 --> 01:10:16.540]  So from my point of view, that's the three options you've got
[01:10:16.540 --> 01:10:23.540]  because you cannot count on what's just in that police report being the only facts presented.
[01:10:23.540 --> 01:10:28.540]  Okay.
[01:10:28.540 --> 01:10:31.540]  Now let's ask that other question again.
[01:10:31.540 --> 01:10:38.540]  How well do you think you'll do at trial?
[01:10:38.540 --> 01:10:41.540]  I don't really know, taking all that into consideration.
[01:10:41.540 --> 01:10:42.540]  Good.
[01:10:42.540 --> 01:10:49.540]  That means you need to be working harder to figure it out and make it happen the way you need it to.
[01:10:49.540 --> 01:10:52.540]  Right.
[01:10:52.540 --> 01:10:56.540]  How can I go about trying to avoid a trial?
[01:10:56.540 --> 01:11:03.540]  Well, again, the question of avoiding the trial is whether or not you can get a fair trial in this court from these individuals.
[01:11:03.540 --> 01:11:08.540]  You can't from this judge at the moment, that much we already know, so you're going to try to disqualify them,
[01:11:08.540 --> 01:11:11.540]  but the next one doesn't write, you're not going to have that option.
[01:11:11.540 --> 01:11:15.540]  You're going to go to trial anyway unless you cut a deal.
[01:11:15.540 --> 01:11:23.540]  Now that's up to you, but let's try to be smart about how we would handle a trial if we do have to go.
[01:11:23.540 --> 01:11:27.540]  If you're going by yourself, then what are some things you need?
[01:11:27.540 --> 01:11:30.540]  I would think witnesses would be pretty important.
[01:11:30.540 --> 01:11:36.540]  Why don't you talk to this guy's neighbors and ask them if any of them noticed whether or not the guy was home on the day in question?
[01:11:36.540 --> 01:11:37.540]  Did he leave?
[01:11:37.540 --> 01:11:38.540]  Did he come back?
[01:11:38.540 --> 01:11:39.540]  Was he gone for how long?
[01:11:39.540 --> 01:11:40.540]  Do you remember?
[01:11:40.540 --> 01:11:43.540]  So on and so forth.
[01:11:43.540 --> 01:11:44.540]  Do you follow?
[01:11:44.540 --> 01:11:45.540]  Okay.
[01:11:45.540 --> 01:11:48.540]  Yes.
[01:11:48.540 --> 01:11:50.540]  That's your option.
[01:11:50.540 --> 01:11:53.540]  People at the service station I can talk to.
[01:11:53.540 --> 01:11:57.540]  Where is the service station in all of this?
[01:11:57.540 --> 01:12:00.540]  Well, I took the car to be repaired that day.
[01:12:00.540 --> 01:12:01.540]  It was barely drivable.
[01:12:01.540 --> 01:12:04.540]  I had the tilling company come out.
[01:12:04.540 --> 01:12:05.540]  Okay.
[01:12:05.540 --> 01:12:10.540]  You took the car to be repaired on the same day it was allegedly dumping trash in this guy's yard?
[01:12:10.540 --> 01:12:11.540]  Yes.
[01:12:11.540 --> 01:12:15.540]  What time was his stuff allegedly dumped in this guy's yard?
[01:12:15.540 --> 01:12:18.540]  He's saying between 10 and 12 in the morning.
[01:12:18.540 --> 01:12:21.540]  Wait a minute.
[01:12:21.540 --> 01:12:28.540]  10, 10 and 12 in the morning, are we meaning 10 at night and 12 a.m.?
[01:12:28.540 --> 01:12:32.540]  No, 10 a.m., 12 p.m.
[01:12:32.540 --> 01:12:34.540]  Okay.
[01:12:34.540 --> 01:12:35.540]  All right.
[01:12:35.540 --> 01:12:38.540]  So when did your car go into the shop on that day?
[01:12:38.540 --> 01:12:42.540]  And are you positive it was that day?
[01:12:42.540 --> 01:12:43.540]  Yes, I am.
[01:12:43.540 --> 01:12:44.540]  Okay.
[01:12:44.540 --> 01:12:50.540]  What time did it go into the shop?
[01:12:50.540 --> 01:12:55.540]  I believe it got there at about 11 o'clock, and I'm going to get records of this, of the exact time.
[01:12:55.540 --> 01:12:56.540]  Okay.
[01:12:56.540 --> 01:12:58.540]  So he says it's between 10 and 12.
[01:12:58.540 --> 01:13:05.540]  If he was actually home and actually saw it, why a two-hour time span?
[01:13:05.540 --> 01:13:10.540]  Why isn't he dead on the nose accurate within at least a couple of minutes?
[01:13:10.540 --> 01:13:16.540]  Yeah.
[01:13:16.540 --> 01:13:20.540]  So if he wasn't actually there, how did he give a description of the car?
[01:13:20.540 --> 01:13:26.540]  If he didn't actually know the time, how could he tell them what time it was?
[01:13:26.540 --> 01:13:30.540]  I think they're trying to give themselves some leeway in case the people from the service station say,
[01:13:30.540 --> 01:13:32.540]  I dropped it off a little bit earlier.
[01:13:32.540 --> 01:13:37.540]  How would they even know about the service station?
[01:13:37.540 --> 01:13:41.540]  Well, I made the mistake of telling them that I was...
[01:13:41.540 --> 01:13:42.540]  Telling who?
[01:13:42.540 --> 01:13:43.540]  The cops?
[01:13:43.540 --> 01:13:44.540]  The cops, yeah.
[01:13:44.540 --> 01:13:50.540]  So did the cops come see you at the same day or did they come see you after they talked to the other guy?
[01:13:50.540 --> 01:13:53.540]  They talked to me the same day, yeah.
[01:13:53.540 --> 01:13:54.540]  Okay.
[01:13:54.540 --> 01:13:57.540]  Then the statement of what they put down had to come from somebody.
[01:13:57.540 --> 01:14:01.540]  The officer doesn't get to put down his guessing of the time.
[01:14:01.540 --> 01:14:05.540]  He has to put down what time the witness said.
[01:14:05.540 --> 01:14:06.540]  Right.
[01:14:06.540 --> 01:14:09.540]  So if the witness is the one that said between 10 and 12,
[01:14:09.540 --> 01:14:17.540]  why would the officer be the one giving himself some leeway?
[01:14:17.540 --> 01:14:18.540]  See where I'm going here?
[01:14:18.540 --> 01:14:23.540]  You're creating issues where there aren't, there's no evidence of an issue.
[01:14:23.540 --> 01:14:26.540]  Right.
[01:14:26.540 --> 01:14:28.540]  Yeah, I understand.
[01:14:28.540 --> 01:14:29.540]  Okay.
[01:14:29.540 --> 01:14:30.540]  Don't do that.
[01:14:30.540 --> 01:14:33.540]  That will come back and bite you in the butt.
[01:14:33.540 --> 01:14:36.540]  Okay.
[01:14:36.540 --> 01:14:41.540]  All right, so we know what facts we need to prove.
[01:14:41.540 --> 01:14:44.540]  Figure out how to get those facts.
[01:14:44.540 --> 01:14:51.540]  If you've got proof that you couldn't have done it because your car was not in any condition to be there and was actually someplace else,
[01:14:51.540 --> 01:14:54.540]  that would be a problem for them, wouldn't it?
[01:14:54.540 --> 01:14:55.540]  Yeah.
[01:14:55.540 --> 01:14:56.540]  Okay.
[01:14:56.540 --> 01:14:59.540]  So you need to be dead-on accurate.
[01:14:59.540 --> 01:15:04.540]  You need to time how long it takes you to get from your house to where you dropped the car off.
[01:15:04.540 --> 01:15:08.540]  That will tell us what time you would have had to have started from your house.
[01:15:08.540 --> 01:15:12.540]  How long were you there before you checked in and they wrote the time on the ticket?
[01:15:12.540 --> 01:15:14.540]  Five minutes, 10 minutes, 20 minutes.
[01:15:14.540 --> 01:15:22.540]  All of that timeframe adds up to what time you would have actually had to have left home to be there to get it turned in.
[01:15:22.540 --> 01:15:28.540]  Now let's say that that turns out to be 9.45 or even 9.30.
[01:15:28.540 --> 01:15:34.540]  How then could you have been at his house between 10 and 12?
[01:15:34.540 --> 01:15:37.540]  Right.
[01:15:37.540 --> 01:15:46.540]  Now the police also said that they noticed some fluid stains on the road where the car was seen to be parked.
[01:15:46.540 --> 01:15:48.540]  And they went and talked to the people at the service station,
[01:15:48.540 --> 01:15:58.540]  and they told them that the car was being repaired partly for a transmission was leaking.
[01:15:58.540 --> 01:16:06.540]  I don't know if they actually saw any transmission fluid on the road or if they're just making that up.
[01:16:06.540 --> 01:16:08.540]  I don't know.
[01:16:08.540 --> 01:16:13.540]  I know I should question how they determined the same type of fluid and how they know it came from my car
[01:16:13.540 --> 01:16:16.540]  when all kinds of cars driving on that road all day long.
[01:16:16.540 --> 01:16:20.540]  With the same type of fluid and everything else?
[01:16:20.540 --> 01:16:21.540]  Yeah.
[01:16:21.540 --> 01:16:23.540]  Okay.
[01:16:23.540 --> 01:16:26.540]  That's what they're going to call circumstantial evidence.
[01:16:26.540 --> 01:16:33.540]  When did they tell you that they found fluid on the road?
[01:16:33.540 --> 01:16:35.540]  When they came and talked to me that day.
[01:16:35.540 --> 01:16:37.540]  That same day?
[01:16:37.540 --> 01:16:38.540]  I'm pretty sure it was that same day.
[01:16:38.540 --> 01:16:39.540]  Okay.
[01:16:39.540 --> 01:16:40.540]  Hang on just a second.
[01:16:40.540 --> 01:16:41.540]  We're up for another break.
[01:16:41.540 --> 01:16:42.540]  Hold on.
[01:16:42.540 --> 01:16:43.540]  Dean, I see you there.
[01:16:43.540 --> 01:16:44.540]  Please hang on.
[01:16:44.540 --> 01:16:46.540]  I'll get to you, okay?
[01:16:46.540 --> 01:16:47.540]  All right, folks.
[01:16:47.540 --> 01:16:50.540]  512-646-1984.
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[01:19:00.540 --> 01:19:27.540]  This is the Logos Radio Network.
[01:19:27.540 --> 01:19:33.540]  All right, folks, we are back. This is Rule of Law Radio 512-646-1984.
[01:19:33.540 --> 01:19:38.540]  We're still talking with Adam in California. All right, Adam, go ahead.
[01:19:38.540 --> 01:19:46.540]  Now, you were saying that they told you on the same day that they found fluid in the road at this location, right?
[01:19:46.540 --> 01:19:47.540]  Yes.
[01:19:47.540 --> 01:19:58.540]  Okay. Why did you not immediately go take pictures of this alleged location to find out what was and wasn't there?
[01:19:58.540 --> 01:20:02.540]  Well, for one thing, I don't know where the location is.
[01:20:02.540 --> 01:20:09.540]  I have to – even if I request a copy of all the records, I think they're going to take that information out.
[01:20:09.540 --> 01:20:14.540]  They're going to redact that. But I should have done it on my day.
[01:20:14.540 --> 01:20:18.540]  Well, they're going to have to state that information in the complaint against you.
[01:20:18.540 --> 01:20:24.540]  They have to tell you where this alleged dumping took place, and they're going to have to be specific.
[01:20:24.540 --> 01:20:29.540]  Right.
[01:20:29.540 --> 01:20:36.540]  How can you say you weren't somewhere when no one tells you where somewhere is?
[01:20:36.540 --> 01:20:44.540]  Correct. Well, they never even gave me an official citation or anything about this, Mr. Meador. They just sent me a letter.
[01:20:44.540 --> 01:20:49.540]  Well, there's no requirement that they issue a citation to charge you with it.
[01:20:49.540 --> 01:20:54.540]  Okay.
[01:20:54.540 --> 01:20:57.540]  Have they served you with a complaint?
[01:20:57.540 --> 01:21:01.540]  No. No complaint or citation of anything of any kind.
[01:21:01.540 --> 01:21:05.540]  Okay. So the only thing you've been told is to show up in court.
[01:21:05.540 --> 01:21:10.540]  Right.
[01:21:10.540 --> 01:21:15.540]  And what is it they're telling you you're going to have to do when you show up in court?
[01:21:15.540 --> 01:21:21.540]  Well, they just said that it's an arraignment for such-and-such crime, and that lets the –
[01:21:21.540 --> 01:21:29.540]  Well, then don't enter a plea. Do not let them enter a plea for you. Object to it. Unconscionable plea.
[01:21:29.540 --> 01:21:40.540]  I have received no notice of any kind in writing or any other form as to the specific nature and cause being complained of here.
[01:21:40.540 --> 01:21:48.540]  I cannot enter a plea to an accusation that I know nothing about in detail.
[01:21:48.540 --> 01:21:49.540]  Okay.
[01:21:49.540 --> 01:21:55.540]  And if they try to serve you right then and there, object to that too.
[01:21:55.540 --> 01:22:01.540]  How can I enter a plea on something I have just now seen? I need to evaluate the information in this and see if I have any
[01:22:01.540 --> 01:22:07.540]  countermanding information that would allow me to argue whether or not this would be accurate in the first instance.
[01:22:07.540 --> 01:22:14.540]  Okay.
[01:22:14.540 --> 01:22:19.540]  So that would be my justification for the unconscionable plea that I haven't –
[01:22:19.540 --> 01:22:20.540]  No notice.
[01:22:20.540 --> 01:22:25.540]  Okay.
[01:22:25.540 --> 01:22:30.540]  Notice has three requirements attached to it, proper, sufficient, and timely.
[01:22:30.540 --> 01:22:38.540]  Proper means it must comply with all the requirements of law to constitute proper service and notice.
[01:22:38.540 --> 01:22:45.540]  Sufficient, it contains enough information that you are properly apprised of everything you're required to know in order to do the
[01:22:45.540 --> 01:22:56.540]  things required of you timely. You must receive that notice in time to be able to act upon the information that is in it.
[01:22:56.540 --> 01:22:59.540]  Okay.
[01:22:59.540 --> 01:23:05.540]  And is that something I'd have to look up the requirements for in California? Is it different state by state?
[01:23:05.540 --> 01:23:11.540]  It could be, but it doesn't matter if they haven't done it.
[01:23:11.540 --> 01:23:16.540]  Whatever the requirements are, they damn sure aren't nothing.
[01:23:16.540 --> 01:23:25.540]  I'm just saying that if they do it at this point, it might be, you know, such a long time since when this was, you know, said to have happened.
[01:23:25.540 --> 01:23:35.540]  Yeah, you'll have to look it up and make sure, but what I'm saying is there is no way that notice in the instant is sufficient and proper.
[01:23:35.540 --> 01:23:36.540]  Right.
[01:23:36.540 --> 01:23:43.540]  We called you in here to answer to a crime. Here's what you're accused of. You have 30 seconds.
[01:23:43.540 --> 01:23:46.540]  That's not due process.
[01:23:46.540 --> 01:23:49.540]  Correct.
[01:23:49.540 --> 01:23:50.540]  Okay.
[01:23:50.540 --> 01:23:51.540]  Okay.
[01:23:51.540 --> 01:23:53.540]  All right. Anything else?
[01:23:53.540 --> 01:23:54.540]  No, that's it.
[01:23:54.540 --> 01:23:56.540]  All right. Good luck.
[01:23:56.540 --> 01:23:57.540]  Thanks a lot.
[01:23:57.540 --> 01:23:58.540]  All right. Bye-bye.
[01:23:58.540 --> 01:24:03.540]  All right. Now we're going to go to Dean in Texas. Dean, what can we do for you?
[01:24:03.540 --> 01:24:18.540]  Yeah, about a year ago, the Mrs., when we separated, filed a restraining order and the commissioner granted that temporary restraining order.
[01:24:18.540 --> 01:24:43.540]  And during, on the second hearing of a de novo, she dropped the charges. And so, but the commissioner hadn't made the judgment with no facts, no complaints,
[01:24:43.540 --> 01:24:53.540]  no, no witnesses at all of emotional or physical.
[01:24:53.540 --> 01:25:00.540]  Well, someone went to him and asked for the thing. Who did that?
[01:25:00.540 --> 01:25:03.540]  It's just on her word.
[01:25:03.540 --> 01:25:09.540]  Well, that's all he really needs. In Texas, that's all they need.
[01:25:09.540 --> 01:25:21.540]  To get a restraining order, all they have to do is feel like they have a threat of domestic violence or abuse, and most magistrates will sign off on a restraining order without any further ado.
[01:25:21.540 --> 01:25:29.540]  That's why it's temporary. To get a permanent one is when they have to do all the things you're describing.
[01:25:29.540 --> 01:25:39.540]  But the temporary one is usually only for 30 to 45 days or until a set hearing date has been put up.
[01:25:39.540 --> 01:25:41.540]  This is for four years.
[01:25:41.540 --> 01:25:44.540]  That's not a temporary restraining order.
[01:25:44.540 --> 01:25:47.540]  But anyway, she…
[01:25:47.540 --> 01:25:51.540]  You have the right to challenge the restraining order. Have you done that?
[01:25:51.540 --> 01:26:00.540]  Yes, I did. But she did drop it. But I filed a judicial complaint against her.
[01:26:00.540 --> 01:26:07.540]  What? You can't file a judicial complaint against her. She's not a judge.
[01:26:07.540 --> 01:26:10.540]  Okay.
[01:26:10.540 --> 01:26:18.540]  You can file a… I mean, you can sue her for defamation, but that's your spouse. I doubt that will get you very far.
[01:26:18.540 --> 01:26:21.540]  No, this was in Wisconsin.
[01:26:21.540 --> 01:26:24.540]  Which changes what?
[01:26:24.540 --> 01:26:44.540]  Well, I'm just saying it wasn't in Texas. It was… Anyway, I filed a complaint, and they sent me a letter back and saying that they can't do anything about it because they can't force a judge or somebody how to plead or how to make a judgment.
[01:26:44.540 --> 01:26:46.540]  That's true.
[01:26:46.540 --> 01:26:54.540]  Okay. Well, then there's no further part in me taking it further than that.
[01:26:54.540 --> 01:27:02.540]  Well, you can't change how the judge is ruled unless you can get a higher court to agree the judge did it wrong.
[01:27:02.540 --> 01:27:12.540]  But again, that is you challenging that injunction, and you said she dropped the injunction and the charges, so it's a dead issue.
[01:27:12.540 --> 01:27:20.540]  The only thing you could do then would see whether or not the judge followed proper procedure to issue it.
[01:27:20.540 --> 01:27:30.540]  If the judge didn't, then you could judicially conduct complaint to the judge, but you can't do it to your wife. She's not a judge.
[01:27:30.540 --> 01:27:35.540]  I filed a complaint against the commissioner judge.
[01:27:35.540 --> 01:27:38.540]  Okay. What did they do with it?
[01:27:38.540 --> 01:27:49.540]  They said that they can't make a commissioner or a judge how to make a verdict.
[01:27:49.540 --> 01:27:54.540]  Well, that's true, but this was not a verdict. This is the issuance of an injunction.
[01:27:54.540 --> 01:28:03.540]  What your complaint had to allege was that he somehow violated the procedures required to be followed for the issuance of an injunction.
[01:28:03.540 --> 01:28:04.540]  Okay.
[01:28:04.540 --> 01:28:09.540]  Did your complaint do that?
[01:28:09.540 --> 01:28:16.540]  I filed a complaint on the grounds that she approved the injunction.
[01:28:16.540 --> 01:28:21.540]  Okay. You filed a complaint on the grounds of everything she did.
[01:28:21.540 --> 01:28:22.540]  Yes.
[01:28:22.540 --> 01:28:26.540]  That's why they couldn't tell the judge what to do.
[01:28:26.540 --> 01:28:32.540]  You didn't raise any issues about what the judge did. You raised issues about what she did.
[01:28:32.540 --> 01:28:39.540]  No, I filed a complaint against the judge on how she made the decision.
[01:28:39.540 --> 01:28:40.540]  Okay.
[01:28:40.540 --> 01:28:43.540]  Based on no evidence.
[01:28:43.540 --> 01:28:54.540]  Okay, but did you read the rules of procedure on how a judge approves an injunction to see what information the judge is required to rely on?
[01:28:54.540 --> 01:28:56.540]  Okay.
[01:28:56.540 --> 01:29:03.540]  When you say she, you didn't tell me this was a lady judge. So when you say she, I'm assuming we're still talking about your wife.
[01:29:03.540 --> 01:29:07.540]  Oh, yeah. Yeah, this is a lady judge, Commissioner.
[01:29:07.540 --> 01:29:08.540]  Okay.
[01:29:08.540 --> 01:29:09.540]  Okay.
[01:29:09.540 --> 01:29:22.540]  Yeah. If you actually didn't read what her requirements are to show which ones she didn't follow, that's why your complaint went nowhere.
[01:29:22.540 --> 01:29:33.540]  Everything else that is discretionary, in other words, the judge has to use their best and own judgment to make the determination, that's out of the hands of anyone else.
[01:29:33.540 --> 01:29:40.540]  That's entirely up to that judge as long as it does not violate rights or law.
[01:29:40.540 --> 01:29:45.540]  Hang on just a second, Dean. We need to take a break, but I'll finish up with you on the other side, okay?
[01:29:45.540 --> 01:29:46.540]  Okay.
[01:29:46.540 --> 01:29:53.540]  All right, folks, 512-646-1984. Dean is my last caller, and I've got a half an hour to go.
[01:29:53.540 --> 01:29:57.540]  I need at least two more people to talk to or some long-winded individual.
[01:29:57.540 --> 01:30:00.540]  We'll be right back.
[01:30:00.540 --> 01:30:06.540]  Could an ID microchip cause cancer? For a growing number of pets, the answer tragically is yes.
[01:30:06.540 --> 01:30:12.540]  Trip-related tumors have prompted a lawsuit against Home Again and calls to stop mandatory pet chipping laws.
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[01:30:45.540 --> 01:30:51.540]  Andrea Rutherford thought she was doing the right thing by having a Home Again microchip implanted in her cat, Balkan.
[01:30:51.540 --> 01:30:54.540]  But things changed when she found a lump growing around the chip.
[01:30:54.540 --> 01:30:58.540]  The lump turned out to be fibrosarcoma, a dangerous form of cancer.
[01:30:58.540 --> 01:31:02.540]  Fortunately, Balkan survived after surgery, chemotherapy, and radiation.
[01:31:02.540 --> 01:31:08.540]  Now his owner is suing Home Again's parent company, Merck, for expenses and wants to alert others to the problem.
[01:31:08.540 --> 01:31:12.540]  If your pet has a microchip, check the implant site regularly for lumps.
[01:31:12.540 --> 01:31:15.540]  Have anything suspicious examined by your vet.
[01:31:15.540 --> 01:31:18.540]  And if your pet is chip-free, keep it that way.
[01:31:18.540 --> 01:31:21.540]  A collar and a tag never gave anyone cancer.
[01:31:21.540 --> 01:31:26.540]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:04.540 --> 01:33:13.540]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:33:13.540 --> 01:33:34.540]  All right, folks, we are back.
[01:33:34.540 --> 01:33:36.540]  This is Rule Blah Radio.
[01:33:36.540 --> 01:33:38.540]  I still have only Dean on the board.
[01:33:38.540 --> 01:33:43.540]  And a half an hour to go, 512-646-1984.
[01:33:43.540 --> 01:33:45.540]  All right, Dean, please continue.
[01:33:45.540 --> 01:33:48.540]  Yes, like I said, it's a dead issue.
[01:33:48.540 --> 01:33:55.540]  But I just, I felt like she just made the judgment, you know, with no evidence.
[01:33:55.540 --> 01:34:05.540]  So that tells me that in the future, any person can file a complaint and it could be granted.
[01:34:05.540 --> 01:34:06.540]  Well, that's true.
[01:34:06.540 --> 01:34:18.540]  The evidence the judge relied on was statements made under oath by your wife that the injunction was necessary for her protection.
[01:34:18.540 --> 01:34:24.540]  That's the evidence the judge relied on, a sworn statement to that effect.
[01:34:24.540 --> 01:34:29.540]  That's all they need to issue a temporary in most states.
[01:34:29.540 --> 01:34:32.540]  But that's why it is only a temporary.
[01:34:32.540 --> 01:34:45.540]  Now they have to have one to determine whether or not there's going to be a permanent one up until ex-trial day or divorce day or forever and go over the actual evidence.
[01:34:45.540 --> 01:34:57.540]  Or if it gets challenged before such-and-such trial date comes up or separation period is over or whatever, then they have to look at the basis for it.
[01:34:57.540 --> 01:35:07.540]  But if no one challenges it or it's not set to be heard on the merits as to whether or not they're going to make it permanent, then that may not ever happen.
[01:35:07.540 --> 01:35:13.540]  Okay. That's all I have.
[01:35:13.540 --> 01:35:16.540]  Okay. Well, thanks for calling in, Dean.
[01:35:16.540 --> 01:35:17.540]  Okay. Thank you, Eddie.
[01:35:17.540 --> 01:35:18.540]  Yes, sir.
[01:35:18.540 --> 01:35:20.540]  All right, folks, one more on the board.
[01:35:20.540 --> 01:35:26.540]  Brad in Texas, again, 512-646-1984 is the call-in number.
[01:35:26.540 --> 01:35:28.540]  Brad, what can we do for you?
[01:35:28.540 --> 01:35:31.540]  I have a quick question for you, Eddie.
[01:35:31.540 --> 01:35:32.540]  Well, all right.
[01:35:32.540 --> 01:35:47.540]  If you file a motion for discovery and you can't get any action from the prosecutor on the motion for discovery, what recourse do you have against the prosecutor?
[01:35:47.540 --> 01:35:50.540]  A motion to compel.
[01:35:50.540 --> 01:35:54.540]  Okay. That's all you can do?
[01:35:54.540 --> 01:36:10.540]  Well, if the motion to compel is not acted upon, then you can try a mandamus to a higher court directing the lower court to issue the compulsory motion for discovery if that evidence is available and should be given.
[01:36:10.540 --> 01:36:20.540]  But for the most part, yeah, prosecutors are pretty well insulated for being accountable for anything they're doing wrong, at least in Texas, that's true.
[01:36:20.540 --> 01:36:37.540]  Okay. So you can charge a prosecutor with abuse of official capacity if they continually deny you full discovery?
[01:36:37.540 --> 01:36:47.540]  You can make the allegation whether or not anyone will ever act on it because it's the prosecutor, that's a whole other issue.
[01:36:47.540 --> 01:36:51.540]  Should you be able to rightfully make it? Absolutely.
[01:36:51.540 --> 01:36:57.540]  Should you be able to do that to a prosecutor that sent somebody to jail on false evidence or withholding of evidence?
[01:36:57.540 --> 01:36:59.540]  Absolutely.
[01:36:59.540 --> 01:37:10.540]  But the courts have given prosecutors licenses to lie, cheat, and steal beyond anyone other than a banker.
[01:37:10.540 --> 01:37:18.540]  A prosecutor in Texas and most other states is incapable of doing any harm that would get them sent to jail for any reason.
[01:37:18.540 --> 01:37:32.540]  In fact, in Texas, for the first time in history, we had one prosecutor sentenced to jail for sending a man to prison for 25 years for withholding exculpatory evidence.
[01:37:32.540 --> 01:37:39.540]  But guess how much time the prosecutor got? 10 days.
[01:37:39.540 --> 01:37:44.540]  Wow. That's amazing.
[01:37:44.540 --> 01:37:53.540]  Okay. Well, I appreciate your thoughts on that subject.
[01:37:53.540 --> 01:37:56.540]  All right. Well, thanks for calling in, Brad.
[01:37:56.540 --> 01:37:57.540]  Thank you.
[01:37:57.540 --> 01:38:02.540]  All right. Now we've got Bob in California. Bob, what can we do for you?
[01:38:02.540 --> 01:38:15.540]  All right. I was wondering, what are the steps you need to take to withdraw or get rid of your driver's license?
[01:38:15.540 --> 01:38:25.540]  Well, I guess the steps you would need to take or whatever your particular state DMV or DOT or DPS office, whoever issues the license in your state,
[01:38:25.540 --> 01:38:38.540]  says the issue for returning a license is most of them have ways of returning a license if you're going to cease driving in the commercial sense.
[01:38:38.540 --> 01:38:44.540]  But the easiest way to do it that I know of is just to let the thing expire.
[01:38:44.540 --> 01:38:45.540]  Okay.
[01:38:45.540 --> 01:38:51.540]  If it expires, it's done. It's over. It can't be revived. It's gone.
[01:38:51.540 --> 01:38:59.540]  So if it expires or how about if it's revoked, does that end the contract too?
[01:38:59.540 --> 01:39:05.540]  Revoked by who?
[01:39:05.540 --> 01:39:07.540]  The DMV, I guess.
[01:39:07.540 --> 01:39:14.540]  Well, explain then to me the definition of revoked as used by the DMV.
[01:39:14.540 --> 01:39:18.540]  I see. So you have to get their definition of revoked.
[01:39:18.540 --> 01:39:25.540]  Well, revoked can be for different reasons is why we need to know the particular context of the definition.
[01:39:25.540 --> 01:39:34.540]  Revoked because you've been convicted of four DUIs, revoked because of vehicular manslaughter, revoked because you went blind three years ago.
[01:39:34.540 --> 01:39:35.540]  See the problem?
[01:39:35.540 --> 01:39:44.540]  Okay. Yes. Okay. So I'll check with them and see what it takes to do that.
[01:39:44.540 --> 01:39:50.540]  Revoked is something that's not good for the license holder.
[01:39:50.540 --> 01:39:59.540]  Okay. So you don't want a revoked license. You don't want a suspended license.
[01:39:59.540 --> 01:40:05.540]  You want either a relinquished or an expired under good conditions.
[01:40:05.540 --> 01:40:16.540]  Okay. Because after that, it's a dead issue and there's nothing hanging over it. But revoked or anything else is something they can always come back and try to beat you up with.
[01:40:16.540 --> 01:40:26.540]  Okay. Because revoked does not mean gone. Revoked means you're not allowed to use it, but it's still out there.
[01:40:26.540 --> 01:40:35.540]  I see. Okay. So I'm going to check with them about relinquishing my driver's license.
[01:40:35.540 --> 01:40:43.540]  Well, if you do that, make sure everything you do is traceable in documentation and delivery and service.
[01:40:43.540 --> 01:40:48.540]  Okay. I'll do that. Thanks for your time.
[01:40:48.540 --> 01:40:50.540]  Yes, sir. Thanks for calling in.
[01:40:50.540 --> 01:40:51.540]  Have a nice evening.
[01:40:51.540 --> 01:40:52.540]  You too.
[01:40:52.540 --> 01:40:58.540]  All right. I did have one other person up on the board here, but they dropped off almost as quick as they got on.
[01:40:58.540 --> 01:41:02.540]  I am out of callers and I've got one segment and the rest of this one left.
[01:41:02.540 --> 01:41:07.540]  So I'm just going to have to ad lib it here while the rest of you are waiting on somebody to call in.
[01:41:07.540 --> 01:41:12.540]  Now, these issues that everybody's calling in on the night, by the way, thank you very much.
[01:41:12.540 --> 01:41:15.540]  I appreciate that. I enjoy trying to answer these questions for folks.
[01:41:15.540 --> 01:41:22.540]  But just remember, this does not take the responsibility off of you to verify the things I tell you in your particular state.
[01:41:22.540 --> 01:41:33.540]  Most of the procedures are pretty well standardized everywhere, though there are some local particulars either in the particular city, town, county, whatever,
[01:41:33.540 --> 01:41:37.540]  as well as the particular state that you may need to be aware of.
[01:41:37.540 --> 01:41:48.540]  I am not an expert in everybody's state law, and I'm only a particular expert over particular parts of Texas law because that's where I spend all my time.
[01:41:48.540 --> 01:41:57.540]  However, that won't prevent you from learning it if you make the effort, but that effort is yours to do.
[01:41:57.540 --> 01:42:03.540]  So don't just take my word for the information I give you because I don't live where you live most of the time.
[01:42:03.540 --> 01:42:07.540]  If you're calling me from Texas with one of these questions, great.
[01:42:07.540 --> 01:42:14.540]  If you're calling me from California, Wisconsin, Oklahoma, any of the rest of them, I can tell you generally how it works,
[01:42:14.540 --> 01:42:17.540]  but you still need to verify the details for where you are.
[01:42:17.540 --> 01:42:19.540]  So keep that in mind, folks.
[01:42:19.540 --> 01:42:29.540]  I am not infallible in any way, shape, or form, and I do not claim to be, though I will argue with you if I believe I'm right until I'm blue in the face and drop dead.
[01:42:29.540 --> 01:42:33.540]  Prove me wrong, no problem. Just tell me I'm wrong and not able to back it up.
[01:42:33.540 --> 01:42:35.540]  We'll be here all day.
[01:42:35.540 --> 01:42:36.540]  All right.
[01:42:36.540 --> 01:42:38.540]  Looks like one of my callers popped back up here.
[01:42:38.540 --> 01:42:40.540]  We have Earl in Texas.
[01:42:40.540 --> 01:42:47.540]  Earl, we've got about one-half a minute before I got to take a break, so go ahead and get me started.
[01:42:47.540 --> 01:42:59.540]  I have a case with an attorney that I paid just to draw up a dismissal and filed it.
[01:42:59.540 --> 01:43:01.540]  A dismissal?
[01:43:01.540 --> 01:43:02.540]  Yes.
[01:43:02.540 --> 01:43:03.540]  Okay.
[01:43:03.540 --> 01:43:07.540]  And I paid him, and I haven't heard from him.
[01:43:07.540 --> 01:43:11.540]  So every time I called him, he kept saying, I'm at the court.
[01:43:11.540 --> 01:43:13.540]  Let me check on him and call you back.
[01:43:13.540 --> 01:43:15.540]  But he never called me back.
[01:43:15.540 --> 01:43:21.540]  And he had a copy of the paper saying that we're supposed to show up in court on August 20th.
[01:43:21.540 --> 01:43:23.540]  So August 20th came.
[01:43:23.540 --> 01:43:27.540]  He never showed up for court.
[01:43:27.540 --> 01:43:32.540]  Is he the attorney of record for you in the case?
[01:43:32.540 --> 01:43:33.540]  Huh?
[01:43:33.540 --> 01:43:36.540]  I need to know if he is your attorney of record in the case.
[01:43:36.540 --> 01:43:37.540]  Hang on just a second, Earl.
[01:43:37.540 --> 01:43:38.540]  We're going to take a break.
[01:43:38.540 --> 01:43:41.540]  I'll pick this up on the other side, okay?
[01:43:41.540 --> 01:43:42.540]  All right.
[01:43:42.540 --> 01:43:45.540]  I'll see you there as well if I get done with Earl on the other side.
[01:43:45.540 --> 01:43:46.540]  I'll pick you up.
[01:43:46.540 --> 01:43:47.540]  All right, folks.
[01:43:47.540 --> 01:43:48.540]  This is Rule of Law Radio.
[01:43:48.540 --> 01:43:51.540]  We're coming into our last segment of the show.
[01:43:51.540 --> 01:44:00.540]  So y'all hang on, and we will be right back to wrap this all up.
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[01:46:28.540 --> 01:46:31.540]  All right, now we're talking to Earl in Texas.
[01:46:31.540 --> 01:46:35.540]  All right, Earl, you said that this guy did not show up for court,
[01:46:35.540 --> 01:46:38.540]  this attorney that you paid money to write you a motion to dismiss.
[01:46:38.540 --> 01:46:41.540]  Is that all you paid him to do?
[01:46:41.540 --> 01:46:42.540]  Yeah.
[01:46:42.540 --> 01:46:47.540]  Then why would he be showing up in court?
[01:46:47.540 --> 01:46:50.540]  Because he didn't even file no papers.
[01:46:50.540 --> 01:46:54.540]  Well, wait a minute, wait a minute, wait a minute, wait a minute.
[01:46:54.540 --> 01:46:59.540]  Now, let me make sure I have my facts straight as you've told them to me.
[01:46:59.540 --> 01:47:08.540]  You paid him to write a motion to dismiss, correct?
[01:47:08.540 --> 01:47:09.540]  Right.
[01:47:09.540 --> 01:47:11.540]  Wait, wait, wait, wait, wait.
[01:47:11.540 --> 01:47:14.540]  I'm verifying these as I go.
[01:47:14.540 --> 01:47:15.540]  Right.
[01:47:15.540 --> 01:47:23.540]  Now, once he wrote it, did part of the agreement also require that he file it
[01:47:23.540 --> 01:47:27.540]  or was he required to provide it to you to file it?
[01:47:27.540 --> 01:47:29.540]  No, he was supposed to file it.
[01:47:29.540 --> 01:47:31.540]  You're sure?
[01:47:31.540 --> 01:47:32.540]  Yes.
[01:47:32.540 --> 01:47:33.540]  Okay.
[01:47:33.540 --> 01:47:37.540]  And once he filed the motion to dismiss in your case,
[01:47:37.540 --> 01:47:47.540]  did you have an agreement with him to represent you as your attorney of record in this case?
[01:47:47.540 --> 01:47:49.540]  That one was discussed.
[01:47:49.540 --> 01:47:51.540]  He kept saying he got it.
[01:47:51.540 --> 01:47:53.540]  Well, wait a minute.
[01:47:53.540 --> 01:47:59.540]  If that was not discussed and you did not pay him to do that,
[01:47:59.540 --> 01:48:04.540]  why would you be expecting him to show up in court?
[01:48:04.540 --> 01:48:09.540]  Well, the document he's supposed to file, he didn't file because I called him.
[01:48:09.540 --> 01:48:10.540]  Doesn't matter.
[01:48:10.540 --> 01:48:12.540]  Well, he may not have filed it.
[01:48:12.540 --> 01:48:15.540]  That's part of your agreement if everything here is accurate.
[01:48:15.540 --> 01:48:16.540]  That's part of your agreement.
[01:48:16.540 --> 01:48:17.540]  That's one thing.
[01:48:17.540 --> 01:48:23.540]  But there's nothing that you've told me so far that leads me to believe that the attorney was representing you in this case
[01:48:23.540 --> 01:48:27.540]  and had to make an appearance to argue that motion.
[01:48:27.540 --> 01:48:30.540]  Now, he may have failed in the agreement to file it,
[01:48:30.540 --> 01:48:34.540]  and he may have even failed in the agreement to actually write it,
[01:48:34.540 --> 01:48:41.540]  but where did you have an agreement for him to represent you as legal counsel and go to court and argue it?
[01:48:41.540 --> 01:48:50.540]  I wasn't expecting him to go to court to argue with me, because it was like in the family law court,
[01:48:50.540 --> 01:48:53.540]  and they did an enforcement, right?
[01:48:53.540 --> 01:48:59.540]  So my son is 18, so I told him to drop it this week or so and file it.
[01:48:59.540 --> 01:49:02.540]  Neither one of them filed it.
[01:49:02.540 --> 01:49:06.540]  So I got the feeling that he took my money and ran off.
[01:49:06.540 --> 01:49:10.540]  Then you have a malpractice suit against the attorney.
[01:49:10.540 --> 01:49:11.540]  I did.
[01:49:11.540 --> 01:49:12.540]  I filed at the bar.
[01:49:12.540 --> 01:49:13.540]  So I got another...
[01:49:13.540 --> 01:49:14.540]  No, wait a minute.
[01:49:14.540 --> 01:49:15.540]  Wait a minute.
[01:49:15.540 --> 01:49:22.540]  You filed a bar grievance, which is not the same thing and will get you absolutely nowhere.
[01:49:22.540 --> 01:49:29.540]  You have to file a malpractice lawsuit against the attorney.
[01:49:29.540 --> 01:49:30.540]  Oh, I did.
[01:49:30.540 --> 01:49:31.540]  I did.
[01:49:31.540 --> 01:49:32.540]  I got what?
[01:49:32.540 --> 01:49:33.540]  I got what?
[01:49:33.540 --> 01:49:35.540]  It's in April.
[01:49:35.540 --> 01:49:38.540]  I got a date for April.
[01:49:38.540 --> 01:49:41.540]  A date with April for what?
[01:49:41.540 --> 01:49:43.540]  I got a lawsuit against the attorney.
[01:49:43.540 --> 01:49:45.540]  I filed a lawsuit against the attorney already.
[01:49:45.540 --> 01:49:46.540]  Okay.
[01:49:46.540 --> 01:49:49.540]  You filed it or you got another attorney to file it?
[01:49:49.540 --> 01:49:51.540]  No, I filed it.
[01:49:51.540 --> 01:49:53.540]  Okay.
[01:49:53.540 --> 01:49:59.540]  And then I also, like I said, I also had made a file...
[01:49:59.540 --> 01:50:02.540]  Well, let me ask you one last question.
[01:50:02.540 --> 01:50:14.540]  When you gave this money to the attorney, does anything in your agreement say that this money is to be paid as a retainer?
[01:50:14.540 --> 01:50:15.540]  No.
[01:50:15.540 --> 01:50:17.540]  Are you positive?
[01:50:17.540 --> 01:50:18.540]  I'm positive.
[01:50:18.540 --> 01:50:21.540]  He didn't give me no paperwork.
[01:50:21.540 --> 01:50:29.540]  I got money or I got a receipt from him, but he didn't give me no paperwork.
[01:50:29.540 --> 01:50:33.540]  Well, I mean, he gave you a receipt, right?
[01:50:33.540 --> 01:50:34.540]  Right.
[01:50:34.540 --> 01:50:39.540]  For the money, I paid him, but no paperwork stating nothing else.
[01:50:39.540 --> 01:50:40.540]  Okay.
[01:50:40.540 --> 01:50:42.540]  Yeah, that would kind of be a problem.
[01:50:42.540 --> 01:50:50.540]  How do you enforce an agreement where the lawyer can stand up for all day and say, no, that wasn't part of it, no, that wasn't part of it?
[01:50:50.540 --> 01:50:57.540]  How are you going to prove it was a part of it?
[01:50:57.540 --> 01:50:59.540]  That's because of what he told me.
[01:50:59.540 --> 01:51:01.540]  Whoa, whoa, whoa, whoa, whoa.
[01:51:01.540 --> 01:51:09.540]  He can lie his butt off unless you've got more than just you to stand up there and say he's lying.
[01:51:09.540 --> 01:51:15.540]  It's your word against his unless you got witnesses or documentation.
[01:51:15.540 --> 01:51:16.540]  Oh, yeah, I got a witness.
[01:51:16.540 --> 01:51:18.540]  I got a witness.
[01:51:18.540 --> 01:51:19.540]  All right.
[01:51:19.540 --> 01:51:21.540]  Who's your witness?
[01:51:21.540 --> 01:51:24.540]  My uncle, because he's the one that referred him to me.
[01:51:24.540 --> 01:51:27.540]  Is your uncle a convicted felon?
[01:51:27.540 --> 01:51:30.540]  And I'm not asking that to sound smart-ass.
[01:51:30.540 --> 01:51:31.540]  It's very important.
[01:51:31.540 --> 01:51:35.540]  Is he a convicted felon?
[01:51:35.540 --> 01:51:39.540]  I don't know if he have any case in there.
[01:51:39.540 --> 01:51:40.540]  I don't know.
[01:51:40.540 --> 01:51:41.540]  I'm not sure.
[01:51:41.540 --> 01:51:48.540]  Okay, because if he is, his testimony is not going to be worth spit on that stand.
[01:51:48.540 --> 01:51:53.540]  That attorney will slaughter him before he ever opens his mouth.
[01:51:53.540 --> 01:51:54.540]  Okay.
[01:51:54.540 --> 01:51:55.540]  I got another question.
[01:51:55.540 --> 01:51:56.540]  What about the...
[01:51:56.540 --> 01:52:01.540]  I got a letter from the bar because, you know, I have filed on that situation with the bar
[01:52:01.540 --> 01:52:03.540]  and they say they found negligence.
[01:52:03.540 --> 01:52:08.540]  But I got a letter yesterday saying it was going to be a summary that they're going to
[01:52:08.540 --> 01:52:14.540]  have a summary, but he's not going to be there.
[01:52:14.540 --> 01:52:15.540]  Yeah.
[01:52:15.540 --> 01:52:20.540]  Because I just heard he had a case a while ago and he got knocked out in court, in plain
[01:52:20.540 --> 01:52:23.540]  court.
[01:52:23.540 --> 01:52:26.540]  Defined knocked out.
[01:52:26.540 --> 01:52:31.540]  The guy who I guess he's going to be representing had knocked him out.
[01:52:31.540 --> 01:52:32.540]  He walked around.
[01:52:32.540 --> 01:52:33.540]  He was out cold.
[01:52:33.540 --> 01:52:34.540]  Like now.
[01:52:34.540 --> 01:52:35.540]  Okay.
[01:52:35.540 --> 01:52:36.540]  He cold cocked him.
[01:52:36.540 --> 01:52:37.540]  Yeah.
[01:52:37.540 --> 01:52:38.540]  In the court.
[01:52:38.540 --> 01:52:40.540]  So he walked around with a black eye.
[01:52:40.540 --> 01:52:42.540]  So I guess he tried to...
[01:52:42.540 --> 01:52:47.540]  Well, sounds like you're not the only person he's making hard relationships with.
[01:52:47.540 --> 01:52:48.540]  Yeah.
[01:52:48.540 --> 01:52:57.540]  Well, then what you might want to do is find out how many of these complaints exist against
[01:52:57.540 --> 01:52:59.540]  this guy.
[01:52:59.540 --> 01:53:02.540]  I heard he already had his license suspended.
[01:53:02.540 --> 01:53:06.540]  That's why I filed with the bar because he already had his license suspended.
[01:53:06.540 --> 01:53:11.540]  Is his license currently suspended?
[01:53:11.540 --> 01:53:18.540]  Was his license suspended when he made that agreement with you?
[01:53:18.540 --> 01:53:23.540]  I didn't check to see if his license was suspended when he made the agreement with you.
[01:53:23.540 --> 01:53:24.540]  That's what you need to know.
[01:53:24.540 --> 01:53:28.540]  Whether or not it's ever been suspended is one thing.
[01:53:28.540 --> 01:53:34.540]  Whether or not it was at the time that he was conducting business, that's something
[01:53:34.540 --> 01:53:35.540]  else.
[01:53:35.540 --> 01:53:36.540]  Oh, okay.
[01:53:36.540 --> 01:53:41.540]  I got to check that.
[01:53:41.540 --> 01:53:42.540]  Okay.
[01:53:42.540 --> 01:53:43.540]  All right.
[01:53:43.540 --> 01:53:48.540]  Check that out.
[01:53:48.540 --> 01:53:50.540]  And what about that summary?
[01:53:50.540 --> 01:53:53.540]  Is that like a hearing?
[01:53:53.540 --> 01:54:03.540]  Well, whether or not they're doing a summary examination or ruling on his license or his
[01:54:03.540 --> 01:54:06.540]  practice or whatever, they may sanction him.
[01:54:06.540 --> 01:54:08.540]  They may.
[01:54:08.540 --> 01:54:11.540]  Or they may just simply black mark him on his record.
[01:54:11.540 --> 01:54:12.540]  You just don't know.
[01:54:12.540 --> 01:54:16.540]  But whatever they do, they're not going to tell you about.
[01:54:16.540 --> 01:54:17.540]  Oh, okay.
[01:54:17.540 --> 01:54:22.540]  Because they were saying they were going to summary him, but they going to let me know
[01:54:22.540 --> 01:54:23.540]  or something.
[01:54:23.540 --> 01:54:24.540]  But I don't know.
[01:54:24.540 --> 01:54:25.540]  That's all I see on the letter.
[01:54:25.540 --> 01:54:27.540]  They don't say too much more on there.
[01:54:27.540 --> 01:54:28.540]  Yeah.
[01:54:28.540 --> 01:54:29.540]  And it never will.
[01:54:29.540 --> 01:54:33.540]  The bar protects its own as best it can.
[01:54:33.540 --> 01:54:39.540]  Probably the main reason that you got the response you did was because there are other
[01:54:39.540 --> 01:54:42.540]  actual attorneys complaining about this attorney.
[01:54:42.540 --> 01:54:46.540]  That's when the bar will actually take action is when there's multiple attorneys actually
[01:54:46.540 --> 01:54:49.540]  complaining about an attorney.
[01:54:49.540 --> 01:54:53.540]  Oh, okay.
[01:54:53.540 --> 01:54:54.540]  Yeah.
[01:54:54.540 --> 01:54:57.540]  That's the only thing I heard recently.
[01:54:57.540 --> 01:54:59.540]  He just got knocked out in court.
[01:54:59.540 --> 01:55:04.540]  So, you know, that's why I was like, this guy must have been getting into a lot of people.
[01:55:04.540 --> 01:55:10.540]  Well, what you might can do then is you might can, if he still has the black eye or any
[01:55:10.540 --> 01:55:15.540]  semblance of it when you get him into that lawsuit, then you can ask him, you're not
[01:55:15.540 --> 01:55:17.540]  looking very well.
[01:55:17.540 --> 01:55:21.540]  Have you been in an altercation recently?
[01:55:21.540 --> 01:55:25.540]  And see if you can draw that in and get him to admit on the stand he got punched out for
[01:55:25.540 --> 01:55:29.540]  cheating a guy in family court.
[01:55:29.540 --> 01:55:36.540]  Oh, okay.
[01:55:36.540 --> 01:55:40.540]  But yeah, you need to find out whether or not your uncle's testimony is going to be
[01:55:40.540 --> 01:55:43.540]  able to hold up to anything in the agreement.
[01:55:43.540 --> 01:55:48.540]  But if he's got a felony conviction, that lawyer will shred him up there on the stand
[01:55:48.540 --> 01:55:52.540]  as to the credibility of any testimony he offers.
[01:55:52.540 --> 01:55:55.540]  Oh, okay.
[01:55:55.540 --> 01:56:04.540]  And the next thing is don't ever, ever pay a lawyer or an attorney money without a
[01:56:04.540 --> 01:56:10.540]  written agreement saying what that money's for.
[01:56:10.540 --> 01:56:11.540]  Okay.
[01:56:11.540 --> 01:56:18.540]  And read it in detail before you agree to it and pay it.
[01:56:18.540 --> 01:56:25.540]  And never, ever let them say that the money is being paid as a retainer because a
[01:56:25.540 --> 01:56:31.540]  lawyer can take a retainer and he is not required to do one dang thing to earn it.
[01:56:31.540 --> 01:56:37.540]  It is free money.
[01:56:37.540 --> 01:56:41.540]  Okay.
[01:56:41.540 --> 01:56:42.540]  Okay.
[01:56:42.540 --> 01:56:44.540]  All right.
[01:56:44.540 --> 01:56:46.540]  Appreciate the info.
[01:56:46.540 --> 01:56:48.540]  Yes, sir.
[01:56:48.540 --> 01:56:49.540]  No problem.
[01:56:49.540 --> 01:56:50.540]  Good luck.
[01:56:50.540 --> 01:56:51.540]  All right.
[01:56:51.540 --> 01:56:52.540]  Bye-bye.
[01:56:52.540 --> 01:56:53.540]  All right.
[01:56:53.540 --> 01:56:54.540]  Rob in Illinois.
[01:56:54.540 --> 01:56:55.540]  I got about one minute.
[01:56:55.540 --> 01:56:56.540]  What do you got?
[01:56:56.540 --> 01:56:57.540]  Oh, okay.
[01:56:57.540 --> 01:57:02.540]  I was going to just say, I don't know how many more callers, but I wanted to call in
[01:57:02.540 --> 01:57:04.540]  about the IRS issue.
[01:57:04.540 --> 01:57:10.540]  And I've mentioned this before on the call that the only people subject to the
[01:57:10.540 --> 01:57:16.540]  Internal Revenue Code are those people who sign any IRS form.
[01:57:16.540 --> 01:57:18.540]  No, not true.
[01:57:18.540 --> 01:57:24.540]  Signing a form does not alter what the statutory scheme is for who is liable for
[01:57:24.540 --> 01:57:27.540]  the tax and who gets paid wages.
[01:57:27.540 --> 01:57:35.540]  Now, they can use that form to say you said you were, but if you ever contradict it
[01:57:35.540 --> 01:57:40.540]  and say, no, I made a mistake and they can't prove you were a government employee,
[01:57:40.540 --> 01:57:43.540]  then whether you sign the form or not is irrelevant.
[01:57:43.540 --> 01:57:46.540]  The law does not bind you.
[01:57:46.540 --> 01:57:50.540]  Eddie, only a taxpayer is subject to the Internal Revenue Code.
[01:57:50.540 --> 01:57:55.540]  A taxpayer is only one of those people defined in the code as an employee or an
[01:57:55.540 --> 01:57:58.540]  employer earning wages.
[01:57:58.540 --> 01:58:00.540]  And that is only foreign corporations.
[01:58:00.540 --> 01:58:01.540]  No, it's not.
[01:58:01.540 --> 01:58:04.540]  It's government employees at every level.
[01:58:04.540 --> 01:58:07.540]  That's what an employee is.
[01:58:07.540 --> 01:58:09.540]  I'll get back to you on this.
[01:58:09.540 --> 01:58:11.540]  I pretend now it's to the contrary.
[01:58:11.540 --> 01:58:12.540]  All right.
[01:58:12.540 --> 01:58:14.540]  That's what it says in the code, but good luck.
[01:58:14.540 --> 01:58:15.540]  All right, folks.
[01:58:15.540 --> 01:58:18.540]  This has been Money Not Rule of Law Radio Show.
[01:58:18.540 --> 01:58:20.540]  Thank you all for calling in and for listening in.
[01:58:20.540 --> 01:58:22.540]  We appreciate you greatly.
[01:58:22.540 --> 01:58:25.540]  I hope that everybody has a great and blessed week.
[01:58:25.540 --> 01:58:30.540]  And if you're in Austin and listening and able, please come to the Sunday classes
[01:58:30.540 --> 01:58:36.540]  on the Brave New Books, 1904 Guadalupe Street, from 2 p.m. to 5 p.m.
[01:58:36.540 --> 01:58:40.540]  Learn how to defend yourself and your rights in court.
[01:58:40.540 --> 01:58:41.540]  All right, folks.
[01:58:41.540 --> 01:58:42.540]  You all have a blessed week.
[01:58:42.540 --> 01:58:50.540]  Good night and God bless.
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