[00:00.000 --> 00:08.120]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:08.120 --> 00:09.120]  at thelibertybeat.com.
[00:09.120 --> 00:14.200]  I'm Brian Hagan with your Liberty Beat for Monday, March 16, 2015.
[00:14.200 --> 00:22.800]  Gold is trading at $1,159, silver at $15.67, and Bitcoin is trading around $290.59.
[00:22.800 --> 00:28.160]  The Liberty Beat is brought to you by Coinarch, offering innovative online trading solutions
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[00:39.560 --> 00:40.560]  That's coinarch.com.
[00:40.560 --> 00:46.440]  In the news, following the decision to delay a planned bullet ban, President Obama said
[00:46.440 --> 00:49.160]  he remains committed to gun regulation.
[00:49.160 --> 00:53.480]  White House press secretary Josh Earnest stated that Obama wants to establish common sense
[00:53.480 --> 00:56.680]  rules that prevent criminals from getting weapons.
[00:56.680 --> 01:03.440]  The Bureau of Alcohol, Tobacco, Firearms and Explosives delayed a ban on 5.56mm M855 Green
[01:03.440 --> 01:10.200]  Tip bullets after public response was overwhelmingly against the measure.
[01:10.200 --> 01:15.400]  A Los Angeles police officer is missing, likely on the run after being named as a person of
[01:15.400 --> 01:19.480]  interest in the shooting death of a 23-year-old man early Friday.
[01:19.480 --> 01:24.320]  Investigators found the vehicle belonging to 27-year-old Henry Sullis not far from the
[01:24.320 --> 01:27.920]  scene of where Salome Rodriguez Jr. was downshot to death.
[01:27.920 --> 01:32.680]  It's alleged that the two men were involved in a fight that escalated to the fatal shooting.
[01:32.680 --> 01:39.920]  Sullis fell to report to work Saturday and the search continues for his whereabouts.
[01:39.920 --> 01:45.220]  A George Washington University Research Institute has filed a lawsuit to force the release of
[01:45.220 --> 01:49.920]  transcripts of Henry Kissinger's phone calls during his time as Secretary of State in the
[01:49.920 --> 01:51.360]  1970s.
[01:51.360 --> 01:56.200]  The National Security Archive said the lawsuit was in response to unnecessary delays from
[01:56.200 --> 01:57.680]  the State Department.
[01:57.680 --> 02:03.400]  The Archive is attempting to get the last 700 transcripts of Kissinger's phone conversations.
[02:03.400 --> 02:07.760]  Researchers are seeking new information regarding Kissinger's role in U.S. relations with China,
[02:07.760 --> 02:09.680]  Cyprus and others.
[02:09.680 --> 02:15.920]  Today's broadcast of The Liberty is sponsored by Brave New Books, your source for One World
[02:15.920 --> 02:21.960]  Way, Tangy Tangerine and Clearly Filtered Fluoride Filters, located in Austin, Texas
[02:21.960 --> 02:27.360]  at 1904 Guadalupe Street or online at bravenewbookstore.com.
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[02:31.680 --> 02:36.680]  Well, for a limited time only, The Liberty Beat is offering you the chance to say big
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[02:51.400 --> 02:52.400]  company section.
[02:52.400 --> 02:57.200]  This is The Liberty Beat for Monday, March 16, 2015.
[02:57.200 --> 03:25.360]  Check out the website at thelibertybeat.com.
[03:25.360 --> 03:45.320]  The Liberty Beat is a production of the U.S. Department of State, the U.S. Department of
[03:45.320 --> 04:06.320]  State, the U.S. Department of State, the U.S. Department of State, the U.S. Department of
[04:06.320 --> 04:26.320]  State, the U.S. Department of State, the U.S. Department of State, the U.S. Department of
[04:26.320 --> 04:47.320]  State, the U.S. Department of State, the U.S. Department of State, the U.S. Department
[04:47.320 --> 05:07.320]  of State, the U.S. Department of State, the U.S. Department of State, the U.S. Department
[05:07.320 --> 05:21.320]  of State, the
[05:21.320 --> 05:41.320]  U.S. Department of
[05:41.320 --> 05:56.320]  State, the U.S.
[05:56.320 --> 06:22.320]  Department of State, the
[06:22.320 --> 06:37.320]  U.S. Department of State, the
[06:37.320 --> 06:52.320]  U.S. Department of State, the
[06:52.320 --> 07:07.320]  U.S. Department of State, the
[07:07.320 --> 07:22.320]  U.S. Department of State, the
[07:22.320 --> 07:37.320]  U.S. Department of State, the
[07:37.320 --> 07:52.320]  U.S. Department of State, the
[07:52.320 --> 08:07.320]  U.S. Department of State, the
[08:07.320 --> 08:33.320]  U.S.
[08:33.320 --> 08:48.320]  Department of State, the
[08:48.320 --> 09:14.320]  U.S.
[09:14.320 --> 09:29.320]  Department of State, the
[09:29.320 --> 09:44.320]  U.S. Department of State, the
[09:44.320 --> 09:59.320]  U.S. Department of State, the
[09:59.320 --> 10:14.320]  U.S. Department of State, the
[10:14.320 --> 10:29.320]  U.S. Department of State, the
[10:29.320 --> 10:44.320]  U.S. Department of State, the
[10:44.320 --> 11:10.320]  U.S.
[11:10.320 --> 11:25.320]  Department of State, the
[11:25.320 --> 11:40.320]  U.S. Department of State, the
[11:40.320 --> 11:55.320]  U.S. Department of State, the
[11:55.320 --> 12:10.320]  U.S. Department of State, the
[12:10.320 --> 12:36.320]  U.S.
[12:36.320 --> 12:43.320]  Department of State, the
[12:43.320 --> 12:50.320]  U.S. Department of State, the
[12:50.320 --> 12:53.320]  U.S. Department of State, the
[12:53.320 --> 13:21.320]  U.S.
[13:21.320 --> 13:25.320]  Department of State, the
[13:25.320 --> 13:29.320]  U.S. Department of State, the
[13:29.320 --> 13:38.320]  U.S. Department of State, the
[13:38.320 --> 13:42.800]  to an investigation that did not result in conviction
[13:42.800 --> 13:45.040]  or deferred adjudication.
[13:45.040 --> 13:47.800]  Now, what does that one really mean?
[13:47.800 --> 13:49.880]  Well, obviously, if you've got to the point
[13:49.880 --> 13:53.160]  where the investigation did not result in conviction
[13:53.160 --> 13:55.280]  or deferred adjudication,
[13:55.280 --> 13:57.280]  then that must have been information
[13:57.280 --> 13:58.840]  related to an investigation
[13:58.840 --> 14:01.840]  where the charges were either dismissed
[14:01.840 --> 14:03.760]  after jeopardy attached,
[14:03.760 --> 14:07.800]  or were defeated in open court by the defense.
[14:07.800 --> 14:09.920]  And they were found not guilty.
[14:11.840 --> 14:14.240]  So they cannot give information relating
[14:14.240 --> 14:17.600]  to those types of cases where they lost.
[14:19.400 --> 14:20.400]  Okay?
[14:20.400 --> 14:24.880]  Three, it is information relating to a threat
[14:24.880 --> 14:27.840]  against a peace officer or detention officer
[14:27.840 --> 14:32.840]  collected or disseminated under section 411.048,
[14:34.280 --> 14:35.800]  which by the way, I haven't looked at,
[14:35.800 --> 14:37.000]  but let's do that real quick
[14:37.000 --> 14:40.160]  just to see what 411.048 deals with.
[14:42.440 --> 14:47.280]  Threats against peace officers and detention officers.
[14:47.280 --> 14:50.200]  Let's see what this is under which code.
[14:51.600 --> 14:53.280]  This is also the government code.
[14:54.840 --> 14:59.240]  So in that instance, that's the only one
[14:59.240 --> 15:01.960]  they can make that exception to in three.
[15:01.960 --> 15:05.960]  And four, it is information that A,
[15:05.960 --> 15:08.800]  is prepared by an attorney representing the state
[15:08.800 --> 15:11.320]  in anticipation of or in the course of preparing
[15:11.320 --> 15:13.080]  for criminal litigation.
[15:13.080 --> 15:16.200]  Well, the recordings produced by the police officer
[15:16.200 --> 15:18.280]  or the law enforcement officer on the scene
[15:18.280 --> 15:20.640]  during the chase, during the investigation,
[15:20.640 --> 15:22.480]  any interviews or any of that,
[15:22.480 --> 15:25.480]  none of that is created by the prosecuting attorney.
[15:25.480 --> 15:26.320]  None of it.
[15:27.440 --> 15:28.280]  Okay?
[15:28.280 --> 15:29.520]  Nor are there police reports,
[15:29.520 --> 15:31.400]  nor are the booking records,
[15:31.400 --> 15:34.080]  nor is any audio and video from the jail.
[15:34.080 --> 15:37.400]  None of that is created by the prosecutor.
[15:37.400 --> 15:40.760]  Therefore, it is not in the exception here.
[15:40.760 --> 15:44.360]  B, reflects the mental impressions
[15:44.360 --> 15:48.880]  or legal reasoning of an attorney representing the state.
[15:48.880 --> 15:50.360]  So let's be succinct here.
[15:50.360 --> 15:55.360]  Four deals with any work-related byproduct
[15:56.120 --> 15:58.760]  produced by the prosecution.
[15:59.960 --> 16:01.280]  That's it.
[16:01.280 --> 16:02.600]  Nothing else.
[16:02.600 --> 16:04.240]  Nothing else.
[16:05.720 --> 16:10.200]  Subsection B, an internal record or notation
[16:10.200 --> 16:13.480]  of a law enforcement agency or prosecutor
[16:13.480 --> 16:16.160]  that is maintained for internal use
[16:16.160 --> 16:20.520]  in matters relating to law enforcement or prosecution
[16:20.520 --> 16:25.320]  is accepted from the requirements of section 552.021
[16:25.320 --> 16:29.760]  if one, release of the internal record or notation
[16:29.760 --> 16:32.960]  with interfere with law enforcement or prosecution,
[16:32.960 --> 16:34.120]  which again, we've covered.
[16:34.120 --> 16:37.240]  They can't use that if it's exculpatory or anything else.
[16:37.240 --> 16:39.200]  They can't deny you access to it.
[16:40.240 --> 16:43.280]  And I'll do two and three in subsection C when we get back.
[16:43.280 --> 16:44.560]  So y'all hang on just a second.
[16:44.560 --> 16:47.080]  We'll be right back on the other side of this break.
[16:47.080 --> 16:49.680]  If y'all wanna go ahead and get in line on the phone board,
[16:49.680 --> 16:54.680]  512-646-1984, give us a call, get in line,
[16:54.680 --> 16:59.680]  and we will get done here in this next segment.
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[19:02.240 --> 19:05.560]  You are listening to the Logos Radio Network,
[19:05.560 --> 19:07.600]  the LogosradioNetwork.com.
[19:07.600 --> 19:14.600]  All right, folks, we are back.
[19:28.760 --> 19:34.560]  This is Rule of Law Radio calling number 512-646-1984.
[19:34.560 --> 19:36.280]  Let me continue on with this little bit
[19:36.280 --> 19:40.720]  on the Open Records or Public Information Act.
[19:40.720 --> 19:45.720]  We are looking at subsection B of section 552.108.
[19:47.440 --> 19:49.920]  An internal record or notation
[19:49.920 --> 19:53.280]  of a law enforcement agency or prosecutor
[19:53.280 --> 19:56.040]  that is maintained for internal use in matters
[19:56.040 --> 19:59.120]  relating to law enforcement or prosecution
[19:59.120 --> 20:04.120]  is accepted from the requirements of section 552.021 if.
[20:04.120 --> 20:09.120]  Now remember, that is maintained for internal use, okay?
[20:09.920 --> 20:13.320]  One, release of the internal record or notation
[20:13.320 --> 20:16.840]  would interfere with law enforcement or prosecution.
[20:16.840 --> 20:19.760]  Two, the internal record or notation
[20:19.760 --> 20:22.280]  relates to law enforcement only in relation
[20:22.280 --> 20:24.400]  to an investigation that did not result
[20:24.400 --> 20:26.680]  the conviction or deferred adjudication.
[20:26.680 --> 20:30.760]  Again, one where someone beat the rap, so to speak.
[20:30.760 --> 20:33.480]  Or three, the internal record or notation
[20:33.480 --> 20:38.480]  subsection A of three is prepared
[20:39.720 --> 20:41.600]  by an attorney representing the state
[20:41.600 --> 20:43.760]  in anticipation of or in the course
[20:43.760 --> 20:45.560]  of preparing for criminal litigation.
[20:45.560 --> 20:48.000]  Or B, reflects the mental impressions
[20:48.000 --> 20:50.480]  or legal reasoning of an attorney representing the state.
[20:50.480 --> 20:53.000]  Basically, three A and B are the same
[20:53.000 --> 20:56.200]  as four A and B above in A.
[20:56.200 --> 20:58.200]  All right, subsection C.
[20:58.200 --> 21:00.800]  This section does not accept from the requirements
[21:00.800 --> 21:05.320]  of section 552.021 information that is basic information
[21:05.320 --> 21:09.320]  about an arrested person, an arrest or a crime.
[21:09.320 --> 21:13.840]  Well, basic information is not defined in this statute.
[21:13.840 --> 21:15.600]  So what does it mean?
[21:15.600 --> 21:17.720]  Is basic information such things
[21:17.720 --> 21:20.160]  that are produced as a matter of course?
[21:20.160 --> 21:22.320]  Like for instance, the police report,
[21:22.320 --> 21:25.320]  the audio and video, things they're supposed to make
[21:25.320 --> 21:28.080]  for every encounter that they have?
[21:28.080 --> 21:31.280]  Would that be basic information?
[21:31.280 --> 21:33.680]  Or would that just be the booking paperwork
[21:33.680 --> 21:35.840]  or a copy of the citation?
[21:35.840 --> 21:36.840]  What is it?
[21:39.000 --> 21:41.600]  What you need to be doing if you're in Texas
[21:41.600 --> 21:45.360]  and you file a PIR to get a copy of anything,
[21:45.360 --> 21:47.560]  you need to be citing these statutes
[21:47.560 --> 21:51.840]  and your rebuttal to the applicability of these statutes
[21:51.840 --> 21:56.240]  within that PIR and that you intend to press
[21:56.240 --> 22:00.640]  any charges necessary against the agency
[22:00.640 --> 22:04.320]  for any attempt to delay or refuse production
[22:04.320 --> 22:06.600]  of the information if it falls outside
[22:06.600 --> 22:08.760]  of the scope of these statutes.
[22:08.760 --> 22:12.960]  Then when you file your PIR with the agency
[22:12.960 --> 22:17.520]  to get those records, send a copy to the AG
[22:17.520 --> 22:21.160]  at the same time with a cover letter stating
[22:21.160 --> 22:25.560]  you are expecting the agency to attempt to circumvent
[22:25.560 --> 22:27.840]  not only your right of due process,
[22:27.840 --> 22:30.360]  your right to access any and all evidence
[22:30.360 --> 22:32.880]  and information relating to your case
[22:32.880 --> 22:36.000]  as the defendant, okay?
[22:38.000 --> 22:42.800]  Or that they would otherwise have to produce at trial
[22:44.160 --> 22:45.960]  because you're entitled to it
[22:45.960 --> 22:49.760]  when you're handling your own defense, okay?
[22:49.760 --> 22:50.880]  Head them off at the pass
[22:50.880 --> 22:53.240]  before they can ask for an exception,
[22:53.240 --> 22:57.440]  tell the attorney general why an exception is not warranted
[22:57.440 --> 22:59.880]  and not valid under the statute.
[22:59.880 --> 23:01.680]  Put it in your PIR.
[23:04.400 --> 23:07.400]  So that's what I'm going to suggest from now on
[23:07.400 --> 23:10.200]  with the PIRs and the ones that are in the similar material,
[23:10.200 --> 23:12.400]  I am going to adjust them accordingly
[23:12.400 --> 23:14.600]  so that from now on they go out that way.
[23:15.880 --> 23:18.640]  At the very first opportunity I get, I will do that.
[23:18.640 --> 23:20.000]  Let me put it that way.
[23:20.000 --> 23:21.960]  If every day goes like today,
[23:21.960 --> 23:24.600]  that's not liable to happen any time in the next few days
[23:24.600 --> 23:26.360]  or even maybe the next couple of weeks,
[23:26.360 --> 23:27.520]  but I will get it done.
[23:28.520 --> 23:30.200]  All right, that being said,
[23:30.200 --> 23:32.960]  we've got a few callers up on the board.
[23:32.960 --> 23:37.960]  But again, the call-in number is 512-646-1984.
[23:39.200 --> 23:40.760]  Let's start taking some calls.
[23:40.760 --> 23:43.720]  Right now I've got Lissette in California.
[23:43.720 --> 23:45.280]  Lissette, what can I do for you?
[23:48.520 --> 23:51.560]  Yes, I was calling, I called, I don't know,
[23:51.560 --> 23:53.040]  maybe almost two months ago,
[23:53.040 --> 23:56.320]  and I have a situation where a ticket was issued
[23:56.320 --> 24:01.320]  regarding no license plate on a newer car
[24:01.400 --> 24:04.440]  and also registration.
[24:04.440 --> 24:08.200]  And so it's in the state of California.
[24:08.200 --> 24:10.320]  And so the court date is coming up
[24:10.320 --> 24:13.240]  and I need help because I'm panicking.
[24:13.240 --> 24:14.360]  Why are you panicking?
[24:16.400 --> 24:20.480]  Because the car has been paid off
[24:20.480 --> 24:22.880]  and the title company,
[24:22.880 --> 24:26.280]  they never sent me a certificate of title.
[24:26.280 --> 24:31.040]  So I thought I could just drive with it as it was.
[24:31.040 --> 24:32.600]  But we drove it periodically.
[24:32.600 --> 24:35.320]  On the same day that the ticket was issued,
[24:35.320 --> 24:37.880]  a car in the family was sold.
[24:37.880 --> 24:39.400]  And so now I don't know what to do.
[24:39.400 --> 24:41.800]  They got it for $310.
[24:41.800 --> 24:43.360]  And I spoke to you before-
[24:43.360 --> 24:45.440]  Wait, what's for $310?
[24:46.280 --> 24:47.920]  The bail.
[24:47.920 --> 24:48.840]  The bail?
[24:48.840 --> 24:51.400]  Right, because even though we explained
[24:51.400 --> 24:54.360]  to the highway patrol, like, hey, we just sold a car
[24:54.360 --> 24:57.800]  and he saw the DMV paper from the other car.
[24:57.800 --> 25:00.600]  So we were actually literally trying to transport one car
[25:00.600 --> 25:04.560]  from one part of town in LA County to another part.
[25:05.440 --> 25:08.840]  But the car, the registration was from 2010,
[25:08.840 --> 25:10.920]  but the car was never driven.
[25:10.920 --> 25:14.760]  So, and it's like just so happened that the ticket
[25:14.760 --> 25:16.840]  that the guy pulled us over
[25:16.840 --> 25:19.600]  for not having a license plate on it.
[25:19.600 --> 25:22.040]  But the dealership, even though we paid for it,
[25:22.040 --> 25:23.840]  never mailed us a license plate.
[25:23.840 --> 25:26.360]  Did they not put a paper tag in the car?
[25:27.320 --> 25:28.960]  If you got it from a dealership,
[25:28.960 --> 25:31.520]  why didn't, it had a paper tag, right?
[25:32.560 --> 25:33.840]  Yeah, it had a paper tag,
[25:33.840 --> 25:37.240]  but the officer said it was expired and it probably was.
[25:39.320 --> 25:42.000]  Okay, well, here's the other problem.
[25:44.320 --> 25:45.440]  If you've called in before,
[25:45.440 --> 25:47.240]  I'm pretty sure I told you this.
[25:47.240 --> 25:50.600]  Did I or did I not tell you to go look up the statutes
[25:50.600 --> 25:53.000]  relating to the charges they're making
[25:53.000 --> 25:55.560]  and see whether or not that specific charge
[25:55.560 --> 25:58.480]  is considered an infraction in California?
[26:00.120 --> 26:03.800]  You did, and I did, and it is, and you were saying,
[26:03.800 --> 26:05.880]  well, if the vehicle is used for personal use,
[26:05.880 --> 26:07.480]  you don't have to register it.
[26:07.480 --> 26:09.920]  But I know you asked me to send an email.
[26:09.920 --> 26:13.160]  Wait, wait, wait, wait, wait, wait, wait, wait, wait.
[26:13.160 --> 26:14.400]  While that may be true,
[26:14.400 --> 26:16.800]  that would not have been something I said directly
[26:16.800 --> 26:19.800]  in relation to the infraction issue.
[26:19.800 --> 26:22.280]  The infraction issue is a separate issue
[26:22.280 --> 26:25.920]  from the privacy use of the car, okay?
[26:25.920 --> 26:27.120]  So keep that in mind.
[26:28.040 --> 26:32.680]  Problem number one for the officer, not you.
[26:32.680 --> 26:37.080]  If this charge is in fact an infraction,
[26:37.080 --> 26:42.080]  California says infractions are civil, not criminal.
[26:42.080 --> 26:42.920]  Criminal.
[26:43.920 --> 26:48.600]  That means that the officer stopped you, did he not?
[26:49.800 --> 26:50.640]  Correct.
[26:50.640 --> 26:54.200]  He took the car after he stopped you, did he not?
[26:55.320 --> 26:57.040]  No, no, no, he did not take the car.
[26:57.040 --> 26:58.680]  Then what are you calling bail?
[27:00.240 --> 27:02.440]  That's what they put on the thing
[27:02.440 --> 27:04.360]  that they sent to our house.
[27:04.360 --> 27:09.360]  It said $310 bail or whatever
[27:09.360 --> 27:13.520]  to clear the ticket or however.
[27:13.520 --> 27:14.680]  Okay.
[27:14.680 --> 27:18.160]  Well, the problem still remains that as an infraction,
[27:18.160 --> 27:21.080]  the officer had no authority whatsoever
[27:21.080 --> 27:24.360]  to pull you over in the first place.
[27:24.360 --> 27:26.800]  None, not a zip.
[27:26.800 --> 27:30.000]  That is false imprisonment in Texas.
[27:30.000 --> 27:31.600]  The officer said we were pulled over
[27:31.600 --> 27:33.240]  because there was no license plate.
[27:33.240 --> 27:34.360]  You know how you buy a new car?
[27:34.360 --> 27:36.280]  Okay, wait, Lissette, Lissette,
[27:36.280 --> 27:40.200]  listen to what I'm asking you here and pay attention, okay?
[27:40.200 --> 27:41.040]  Yeah.
[27:41.040 --> 27:43.720]  If you looked up the charge,
[27:43.720 --> 27:47.280]  you looked up the one that said no license plate, right?
[27:48.640 --> 27:49.560]  Right.
[27:49.560 --> 27:51.960]  Did it say that it's an infraction?
[27:54.000 --> 27:55.000]  Yes, sir.
[27:55.000 --> 27:56.120]  You're positive.
[27:58.560 --> 28:00.160]  Well, I'm not 100% positive,
[28:00.160 --> 28:02.760]  but I have the vehicle pulled at home.
[28:02.760 --> 28:04.400]  I checked the book out from the library.
[28:04.400 --> 28:07.160]  Okay, check it again and make sure
[28:07.160 --> 28:10.080]  because if it is an infraction,
[28:10.080 --> 28:14.000]  I don't care what the cop told you
[28:14.000 --> 28:17.720]  about that being his basis for pulling you over,
[28:17.720 --> 28:20.240]  pulling you over was illegal.
[28:21.520 --> 28:22.360]  Okay.
[28:22.360 --> 28:23.200]  Okay?
[28:23.200 --> 28:24.960]  Okay, okay.
[28:24.960 --> 28:27.920]  So what you're saying is that the officer is saying,
[28:27.920 --> 28:30.040]  because he came, he said that I pulled you over
[28:30.040 --> 28:33.200]  because you have no license plate on the vehicle.
[28:33.200 --> 28:37.920]  It was, you know, dealer, you know, Honda dealer,
[28:37.920 --> 28:39.920]  blah, blah, blah, the little dealer logo
[28:39.920 --> 28:41.160]  for their commercial purposes,
[28:41.160 --> 28:43.000]  but the registration thing that they gave you
[28:43.000 --> 28:44.680]  when you buy the car was in the front.
[28:44.680 --> 28:46.480]  So he said he's pulling us over
[28:46.480 --> 28:48.120]  because you have no license plate,
[28:48.120 --> 28:50.800]  like California, ZY, whatever, dah, dah, dah.
[28:50.800 --> 28:53.960]  That wasn't fair, but you're saying he could not do that,
[28:53.960 --> 28:54.960]  even though he did do it.
[28:54.960 --> 28:56.440]  Okay.
[28:56.440 --> 28:59.320]  I'm asking you to make sure in the statute
[28:59.320 --> 29:03.520]  that it's listed as an infraction to not have a plate,
[29:03.520 --> 29:07.640]  that it's an infraction, not a misdemeanor or an offense.
[29:07.640 --> 29:09.680]  It's an infraction.
[29:09.680 --> 29:11.400]  Yes, it does say an infraction.
[29:11.400 --> 29:12.520]  Okay.
[29:12.520 --> 29:16.120]  Then that cannot be a legal basis
[29:16.120 --> 29:18.880]  for the officer to pull you over.
[29:19.960 --> 29:22.600]  Infractions are civil.
[29:22.600 --> 29:27.360]  He has no power to arrest for civil anything.
[29:27.360 --> 29:28.200]  Okay.
[29:29.440 --> 29:31.000]  That makes his arrest,
[29:31.000 --> 29:33.600]  depending upon how it's looked at in California,
[29:33.600 --> 29:36.840]  either false arrest or false imprisonment.
[29:38.000 --> 29:38.840]  Okay.
[29:38.840 --> 29:40.960]  Which means you can sue him.
[29:42.960 --> 29:44.880]  Okay, well, in California,
[29:44.880 --> 29:46.840]  they call it a fix-it ticket as well, but the-
[29:46.840 --> 29:48.160]  Okay, hang on just a second.
[29:48.160 --> 29:49.000]  Hang on just a second.
[29:49.000 --> 29:50.520]  Let's see, we got a break coming up.
[29:50.520 --> 29:53.200]  All right, folks, this is the rule of law radio.
[29:53.200 --> 29:57.360]  512-646-1984 is the call-in number.
[29:57.360 --> 29:58.200]  Y'all hang on.
[30:00.320 --> 30:02.960]  One South Florida man got more than an eyeful
[30:02.960 --> 30:04.360]  at a local strip club.
[30:04.360 --> 30:05.960]  He also got soul.
[30:05.960 --> 30:07.040]  I'm Dr. Catherine Albrecht,
[30:07.040 --> 30:08.040]  and I'll be back in a moment
[30:08.040 --> 30:10.360]  to share one man's life-changing encounter
[30:10.360 --> 30:13.520]  with the wrong end of an exotic dancer's shoe.
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[30:44.720 --> 30:46.960]  Michael Ireland got much more than an eyeful
[30:46.960 --> 30:49.040]  at South Florida's cheetah strip club.
[30:49.040 --> 30:50.240]  He was bellied up to the bar
[30:50.240 --> 30:52.480]  where the exotic soupie was performing.
[30:52.480 --> 30:54.600]  Startled by a grope, she turned suddenly
[30:54.600 --> 30:56.080]  and nailed Ireland in the eye
[30:56.080 --> 30:58.320]  with the metal heel of her platform shoe.
[30:58.320 --> 31:00.560]  The result, broken eye and nosebones
[31:00.560 --> 31:02.080]  and permanent double vision.
[31:02.080 --> 31:06.120]  Ireland sued and walked away with a cool 650 grand.
[31:06.120 --> 31:09.200]  I had to dig deep, but I did find a moral to the story.
[31:09.200 --> 31:11.520]  A strip club might seem a safe place
[31:11.520 --> 31:13.560]  till you take a high heel in the face.
[31:13.560 --> 31:16.200]  It could double your vision and you'll suffer derision,
[31:16.200 --> 31:19.200]  but you'll score big time by filing a case.
[31:19.200 --> 31:20.400]  I'm Dr. Katherine Albrecht.
[31:20.400 --> 31:23.560]  More news and information at KatherineAlbrecht.com.
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[32:05.600 --> 32:07.960]  In today's America, we live in an us against them society.
[32:07.960 --> 32:10.280]  And if we the people are ever going to have a free society,
[32:10.280 --> 32:13.120]  then we're going to have to stand and defend our own rights.
[32:13.120 --> 32:14.960]  Among those rights are the right to travel freely
[32:14.960 --> 32:16.440]  from place to place, the right to act
[32:16.440 --> 32:18.320]  in our own private capacity and most importantly,
[32:18.320 --> 32:20.120]  the right to due process of law.
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[33:02.680 --> 33:07.040]  Live free speech radio, logosradionetwork.com.
[33:07.040 --> 33:11.960]  Mhm.
[33:11.960 --> 33:15.320]  Yeah.
[33:15.320 --> 33:17.440]  I got that one rent.
[33:17.440 --> 33:22.160]  And I gong to solve them to the land government then.
[33:22.160 --> 33:26.600]  And prosecute that.
[33:26.600 --> 33:28.480]  Ok.
[33:28.480 --> 33:31.440]  I'm sorry.
[33:31.440 --> 33:34.480]  They through.
[33:34.480 --> 33:43.000]  All right, folks, we are back.
[33:43.000 --> 33:46.600]  This is Riddle Blah Radio, and we are talking to Lisette in California.
[33:46.600 --> 33:49.600]  All right, Lisette, you were saying?
[33:49.600 --> 33:54.480]  Okay, yeah, I definitely understand what you're saying.
[33:54.480 --> 34:00.480]  However, you do know when you're in a situation, you are at the mercy of them.
[34:00.480 --> 34:01.760]  No, you're not.
[34:01.760 --> 34:04.880]  You're going to file a motion to dismiss.
[34:04.880 --> 34:11.000]  You're going to challenge the original arrest as being unlawful, as it was warrantless in
[34:11.000 --> 34:17.160]  a civil matter, thus making any information acquired by the officer fruit of the poison
[34:17.160 --> 34:20.720]  tree for an illegal search and seizure.
[34:20.720 --> 34:25.640]  And if they don't do that, since you're not appearing before a judge, but an administrative
[34:25.640 --> 34:32.000]  hearing officer who has zero immunity from suit along with the cop, you can just keep
[34:32.000 --> 34:34.400]  running this right on up the board here.
[34:34.400 --> 34:36.760]  Well, let me ask you this.
[34:36.760 --> 34:43.000]  It says in order to do like a trial by self-decoration or whatever, it's saying that you have to
[34:43.000 --> 34:44.000]  pay the bail.
[34:44.000 --> 34:45.000]  A written declaration.
[34:45.000 --> 34:46.000]  No.
[34:46.000 --> 34:47.000]  The bail amount.
[34:47.000 --> 34:48.000]  No, no, no, no.
[34:48.000 --> 34:53.120]  Listen, Lisette, don't play their game.
[34:53.120 --> 34:57.260]  Make a game of your own.
[34:57.260 --> 35:02.040]  Give them the opportunity, send them a cease and desist.
[35:02.040 --> 35:06.080]  Send them a motion to dismiss whether they like it or not, regardless of what they're
[35:06.080 --> 35:07.080]  telling you.
[35:07.080 --> 35:12.920]  They cannot punish you for something they did illegally in order to give you the opportunity
[35:12.920 --> 35:15.520]  to challenge what they did illegally.
[35:15.520 --> 35:16.520]  You get the picture?
[35:16.520 --> 35:17.520]  No, I do get the picture.
[35:17.520 --> 35:18.520]  Okay.
[35:18.520 --> 35:25.320]  Even though it's a fix-it ticket and they're saying, hey, go get a license plate or go
[35:25.320 --> 35:30.560]  pay this registration, and they're saying pay registration on this vehicle and provide
[35:30.560 --> 35:33.920]  proof of insurance at the time and registration at the time.
[35:33.920 --> 35:37.200]  If you do not, you have to owe us $310.
[35:37.200 --> 35:41.840]  Well, what you're saying is that doesn't matter, just file a motion to dismiss?
[35:41.840 --> 35:43.280]  That is correct.
[35:43.280 --> 35:46.740]  And state the things that I just told you.
[35:46.740 --> 35:52.640]  And if they refuse to do so, file suit against them.
[35:52.640 --> 35:55.280]  You can go file a suit against them in Small Claims Court.
[35:55.280 --> 36:00.840]  What's Small Claims Court top number value in California, 10, 50, 70 grand what?
[36:00.840 --> 36:04.920]  It's 10,000, but I kind of don't want to do all that.
[36:04.920 --> 36:06.280]  I kind of just want...
[36:06.280 --> 36:10.240]  Well, I know what you kind of want, but it ain't going to work that way.
[36:10.240 --> 36:11.560] ...to get it over with.
[36:11.560 --> 36:17.080]  It's not going to happen that way unless they do what you tell them in the motion.
[36:17.080 --> 36:18.080]  Okay.
[36:18.080 --> 36:23.720]  So I can file a motion to dismiss, but how does that work with the registration?
[36:23.720 --> 36:26.480]  Because I don't want my license to be held.
[36:26.480 --> 36:31.080]  I understand what you're saying, I can do all that, but on their paper, they're saying
[36:31.080 --> 36:36.280]  if you ask for a trial by written declaration, it's kind of unfair.
[36:36.280 --> 36:39.520]  You're not asking for a trial by written declaration.
[36:39.520 --> 36:43.880]  You're demanding your right to due process.
[36:43.880 --> 36:47.320]  You're not playing their administrative paperwork game.
[36:47.320 --> 36:50.560]  That's what they're trying to get you to agree to and participate in.
[36:50.560 --> 36:53.200]  I see.
[36:53.200 --> 36:56.560]  And what you're saying is that I'm able to do that in California.
[36:56.560 --> 36:58.000]  I mean, I know you're from Texas.
[36:58.000 --> 37:02.640]  I know you're pretty knowledgeable, but you're saying that I can literally...
[37:02.640 --> 37:06.520]  Due process works the same no matter what state you're in.
[37:06.520 --> 37:11.360]  Due process rights are due process rights the world over.
[37:11.360 --> 37:16.640]  Whether the people in charge want to admit it or act like it or not, it's true.
[37:16.640 --> 37:22.760]  Because due process rights under our rationale of law and order is that they are inherent
[37:22.760 --> 37:26.240]  in everyone, everyone, anywhere.
[37:26.240 --> 37:27.240]  Right.
[37:27.240 --> 37:33.320]  Well, in this situation, and I'm sorry, I'm ignorant of the law, so you're educating me
[37:33.320 --> 37:36.240]  and I do appreciate your radio show.
[37:36.240 --> 37:43.400]  But what I guess I'm confused about is you're saying I'm demanding my right to due process.
[37:43.400 --> 37:49.520]  That is true, but if they're saying in their paperwork, A, you know, this citation was
[37:49.520 --> 37:55.680]  issued February 1st, we want you to appear or answer by May...
[37:55.680 --> 37:59.520]  And the motion to dismiss is your answer.
[37:59.520 --> 38:00.520]  Okay.
[38:00.520 --> 38:02.000]  All right.
[38:02.000 --> 38:03.800]  Now listen carefully.
[38:03.800 --> 38:06.420]  This is the game as it's being played.
[38:06.420 --> 38:12.700]  You go to the ATM, it's two in the morning, the mugger walks up and demands your money.
[38:12.700 --> 38:16.760]  He points a gun or a knife at you and forces you to hand it over.
[38:16.760 --> 38:22.020]  And he threatens you to pay a midnight visit to your home if you try to avoid paying him
[38:22.020 --> 38:24.080]  in the future.
[38:24.080 --> 38:31.240]  And then tells you that if you wish to contest his act of criminal robbery here and the holdup
[38:31.240 --> 38:35.400]  and the threat with a deadly weapon, you have to send a note to his mother.
[38:35.400 --> 38:36.400]  Okay.
[38:36.400 --> 38:46.600]  I mean, I hear what you're saying, but it doesn't seem that simple.
[38:46.600 --> 38:50.280]  Well that's because they don't want you to think it's that simple.
[38:50.280 --> 38:57.040]  They want you to think that they get to dictate your rights to you.
[38:57.040 --> 39:03.000]  That is your first mistake is letting them get away with that and playing their game.
[39:03.000 --> 39:04.000]  Okay.
[39:04.000 --> 39:10.920]  So if I file this motion to dismiss, I'm filing a motion to dismiss on what grounds?
[39:10.920 --> 39:14.000]  Because technically the car...
[39:14.000 --> 39:17.600]  You did listen to what I just said, right?
[39:17.600 --> 39:18.600]  I did.
[39:18.600 --> 39:22.360]  You said infraction is civil and the officer had no basis to pull me over.
[39:22.360 --> 39:23.360]  Like I wasn't speeding.
[39:23.360 --> 39:24.360]  I didn't do an unsafe lay.
[39:24.360 --> 39:25.360]  I got that.
[39:25.360 --> 39:26.360]  That's what you mean, right?
[39:26.360 --> 39:27.360]  Yeah.
[39:27.360 --> 39:28.360]  That is your grounds.
[39:28.360 --> 39:29.360]  That is your basis.
[39:29.360 --> 39:30.360]  Okay.
[39:30.360 --> 39:31.360]  So I'm just not going to address the vehicle.
[39:31.360 --> 39:42.240]  Like, I mean, or can they force me to be like, well, where...
[39:42.240 --> 39:46.480]  Not as long as it's an infraction and California law says it is.
[39:46.480 --> 39:51.180]  Not only that, California law specifically says that all of the things you're standing
[39:51.180 --> 39:56.200]  here talking about on the radio with me only apply to commercial vehicles and those in
[39:56.200 --> 39:58.040]  engaged in commerce.
[39:58.040 --> 40:00.760]  California statute's very, very direct about that.
[40:00.760 --> 40:07.400]  And now when I looked it up in the California vehicle code, it did say something about any
[40:07.400 --> 40:12.000]  vehicle or vessel that's on the highway has to be registered.
[40:12.000 --> 40:13.000]  So...
[40:13.000 --> 40:16.000]  What's a vehicle, Asset?
[40:16.000 --> 40:18.240]  A car.
[40:18.240 --> 40:21.880]  No, that's your assumption.
[40:21.880 --> 40:24.320]  How does the statute define vehicle?
[40:24.320 --> 40:25.880]  Oh, wait.
[40:25.880 --> 40:26.880]  You didn't look at that.
[40:26.880 --> 40:27.880]  Did you?
[40:27.880 --> 40:28.880]  You're good.
[40:28.880 --> 40:33.560]  I'm just assuming I'm some kind of...
[40:33.560 --> 40:34.560]  There you go.
[40:34.560 --> 40:37.640]  And you know the three-part rule of assume.
[40:37.640 --> 40:38.640]  Don't you?
[40:38.640 --> 40:39.640]  Yes.
[40:39.640 --> 40:41.640]  Unfortunately, I do.
[40:41.640 --> 40:42.640]  Okay.
[40:42.640 --> 40:44.640]  So don't play that game either.
[40:44.640 --> 40:45.640]  All right.
[40:45.640 --> 40:51.360]  So if I understand you correctly, you're saying file a motion to dismiss.
[40:51.360 --> 40:53.840]  Is this some paperwork I get from the court?
[40:53.840 --> 40:54.840]  Do I just...
[40:54.840 --> 40:57.360]  You're going to have to write it.
[40:57.360 --> 40:59.360]  You're going to have to write it.
[40:59.360 --> 41:00.360]  Okay.
[41:00.360 --> 41:07.960]  And then I should be submitting this to the mail and not paying their $310 or should I
[41:07.960 --> 41:10.080]  be coming to the court date that they...
[41:10.080 --> 41:12.480]  You can send it through the mail.
[41:12.480 --> 41:13.480]  Okay.
[41:13.480 --> 41:21.440]  Because they can't compel you to appear before an illegal anything, right?
[41:21.440 --> 41:23.920]  Okay.
[41:23.920 --> 41:27.760]  And even if you went in person, they're going to sit there and try to bluff you into thinking
[41:27.760 --> 41:32.560]  that everything you're talking about doesn't matter when in fact it does.
[41:32.560 --> 41:34.360]  It matters a great deal.
[41:34.360 --> 41:40.400]  In fact, if any of those attorneys that listen to my show out there in California are listening
[41:40.400 --> 41:47.080]  tonight, I beg of you, give us five minutes of your time, call in here to the show, tell
[41:47.080 --> 41:50.320]  me whether or not I'm right.
[41:50.320 --> 41:56.720]  And in the same course, tell a set if I'm not right.
[41:56.720 --> 42:01.000]  And maybe even recommend the shortest, sweetest route to get these people to go away and leave
[42:01.000 --> 42:05.400]  people alone because that's exactly what needs to happen.
[42:05.400 --> 42:11.920]  So when I file this motion to dismiss, what can I expect?
[42:11.920 --> 42:13.080]  I guess my...
[42:13.080 --> 42:17.720]  Now you're asking me to predict the future and my crystal ball is in the shop.
[42:17.720 --> 42:18.720]  Right.
[42:18.720 --> 42:24.000]  But I'm filing the motion to dismiss, what if it doesn't get dismissed?
[42:24.000 --> 42:25.000]  I just...
[42:25.000 --> 42:26.000]  I don't want my...
[42:26.000 --> 42:30.000]  Then you do what I told you and sue the crap out of everybody.
[42:30.000 --> 42:32.960]  I know what you don't want.
[42:32.960 --> 42:36.880]  What you don't want is what everybody don't want.
[42:36.880 --> 42:42.120]  But that's not going to stop them from trying to get you to give it up anyway.
[42:42.120 --> 42:44.400]  Okay.
[42:44.400 --> 42:50.520]  That's rule of being a free person, fight for what you rightfully have and want to keep
[42:50.520 --> 42:53.040]  or it will get taken away from you.
[42:53.040 --> 42:54.040]  Right.
[42:54.040 --> 42:55.040]  Right.
[42:55.040 --> 43:00.120]  And I really can't be out of 310 bucks, that's like almost half of our rent.
[43:00.120 --> 43:04.800]  Well, look at it this way, that may be true and it may even cost you a few dollars to
[43:04.800 --> 43:06.620]  file suit against them.
[43:06.620 --> 43:12.120]  But the amount you could recover for the due process and rights violations, not to mention
[43:12.120 --> 43:18.920]  the false imprisonment or arrest by the officer at the time of the stop, that could roll into
[43:18.920 --> 43:26.240]  several months' worth of rent, if not years' worth of rent.
[43:26.240 --> 43:27.240]  So you...
[43:27.240 --> 43:28.240]  So I hear you.
[43:28.240 --> 43:33.080]  So you're saying basically they were in violation of my rights by the time you're over?
[43:33.080 --> 43:34.080]  Yes.
[43:34.080 --> 43:37.840]  They were in violation of every conceivable point of due process you can imagine.
[43:37.840 --> 43:38.840]  All right.
[43:38.840 --> 43:46.200]  Well, let me ask you this, before when I called, you mentioned that you would possibly have
[43:46.200 --> 43:48.480]  a referral for an attorney that doesn't...
[43:48.480 --> 43:49.480]  Okay.
[43:49.480 --> 43:50.480]  Well, hang on a second.
[43:50.480 --> 43:51.480]  I got another break.
[43:51.480 --> 43:52.480]  I'll finish this with you on the other side.
[43:52.480 --> 43:54.880]  Everybody else, Nick, Jimmy, everybody, y'all hang on.
[43:54.880 --> 43:57.880]  I'll get you when we come back.
[43:57.880 --> 44:04.160]  Are you the plaintiff or defendant in a lawsuit?
[44:04.160 --> 44:07.400]  Win your case without an attorney with Jurisdictionary.
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[44:49.600 --> 44:51.880]  pro se tactics, and much more.
[44:51.880 --> 45:00.960]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
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[46:15.520 --> 46:21.520]  All right, folks, we are back, rule of law radio.
[46:21.520 --> 46:24.520]  All right, now we're back with Lisette.
[46:24.520 --> 46:30.520]  Well, we would be if my Firefox didn't just suddenly freeze up for no particularly good
[46:30.520 --> 46:31.520]  reason.
[46:31.520 --> 46:36.120]  So, y'all hang on just a minute, I may have to restart this and get it back up and going
[46:36.120 --> 46:39.840]  so I can actually access the call screen.
[46:39.840 --> 46:44.440]  I do hate when this thing crashes on a regular basis, I got to tell you.
[46:44.440 --> 46:54.040]  All right, because it sure does cause a delay in things when I've got to read information
[46:54.040 --> 46:59.440]  in order to do what I'm doing here, and I can't activate the caller screen without it.
[46:59.440 --> 47:11.440]  All right, let's see, come on back up here where I can access stuff and get it working.
[47:11.440 --> 47:21.440]  All right.
[47:21.440 --> 47:31.440]  Okay, sorry, guys, I'm studying a lot of stuff.
[47:31.440 --> 47:36.440]  All right, Lisette, are you there?
[47:36.440 --> 47:40.440]  Lisette, are you there?
[47:40.440 --> 47:41.440]  Yes, I'm here.
[47:41.440 --> 47:42.440]  Okay, all right, there we go.
[47:42.440 --> 47:43.440]  All right, sorry.
[47:43.440 --> 47:46.440]  All right, now, you were saying about me recommending a lawyer.
[47:46.440 --> 47:48.240]  Nope, I never said that.
[47:48.240 --> 47:54.440]  Rule number one, Eddie does not, will not, not with a gun to his head ever recommend
[47:54.440 --> 47:57.940]  a lawyer to anyone for anything.
[47:57.940 --> 48:02.760]  Everything I do is geared at teaching you to do things for yourself without the benefit
[48:02.760 --> 48:06.440]  of an in-your-pocket-behind-your-back pickpocket.
[48:06.440 --> 48:14.440]  Now, I do have friends in California that do help people with these, and yes, they do
[48:14.440 --> 48:20.440]  charge for what they do, I cannot tell you how much, but if you will send me your contact
[48:20.440 --> 48:23.440]  information, I will reply back with their contact information.
[48:23.440 --> 48:28.440]  Okay, yeah, I sent that to you, but I didn't get a reply.
[48:28.440 --> 48:30.440]  I sent that back in federal.
[48:30.440 --> 48:35.440]  I'm sorry, that would only be like a thousand emails a day, so send it to me again, and
[48:35.440 --> 48:38.440]  I apologize if I missed it.
[48:38.440 --> 48:40.440]  No problem.
[48:40.440 --> 48:43.440]  Should I, well, I did have one more question.
[48:43.440 --> 48:48.440]  Just say California contact, assistance contact info, just something in there so I'll recognize
[48:48.440 --> 48:51.440]  it for what it is.
[48:51.440 --> 48:54.440]  Okay, and do you want to give me your email again, or should I?
[48:54.440 --> 49:01.440]  Eddie, E-D-D-I-E at ruleoflawradio.com.
[49:01.440 --> 49:12.440]  You said put in the subject line, California.
[49:12.440 --> 49:18.440]  Yeah, just assistance in California, California contact info, anything of that nature.
[49:18.440 --> 49:20.440]  Okay, got it.
[49:20.440 --> 49:28.440]  Okay, I know I don't really want to beat a dead horse because you have been very helpful
[49:28.440 --> 49:29.440]  and thorough.
[49:29.440 --> 49:36.440]  I guess my thing is I'll file the motion to dismiss, and I'll be noting the thing which
[49:36.440 --> 49:38.440]  you said about right violation due process.
[49:38.440 --> 49:43.440]  I guess my thing is, and you're probably going to say I'm thinking like them, it doesn't
[49:43.440 --> 49:49.440]  address, like should I send the paper that shows that the car was sold?
[49:49.440 --> 49:57.440]  No, do not address anything but what I've told you.
[49:57.440 --> 49:58.440]  Okay.
[49:58.440 --> 50:03.440]  Would you seriously send a note to the ATM robber's mother before telling the cops you
[50:03.440 --> 50:07.440]  were robbed?
[50:07.440 --> 50:13.440]  No, I was just, I guess in my mind I was trying to figure out how can I defend myself.
[50:13.440 --> 50:15.440]  You're not defending yourself.
[50:15.440 --> 50:17.440]  You didn't do anything wrong.
[50:17.440 --> 50:23.440]  Stop thinking like a guilty person.
[50:23.440 --> 50:25.440]  All right, okay.
[50:25.440 --> 50:31.440]  I mean, it's just difficult because they put you in this situation and you're like, well,
[50:31.440 --> 50:32.440]  what the heck?
[50:32.440 --> 50:37.440]  So I'm like, well, I don't know what I should be doing, but I don't feel this is right,
[50:37.440 --> 50:43.440]  and I don't have really all the answers that they're looking for except I do have a DMV
[50:43.440 --> 50:46.440]  paper that shows that another vehicle was sold.
[50:46.440 --> 50:49.440]  Okay, irrelevant to the discussion, okay?
[50:49.440 --> 50:50.440]  Irrelevant.
[50:50.440 --> 50:51.440]  Okay.
[50:51.440 --> 50:54.440]  Now, please do not take this like it might sound to some.
[50:54.440 --> 50:58.440]  This is not in any way intended to be racist or anything of that nature, but there's a
[50:58.440 --> 51:02.440]  point I need to make here, and this is the best example of how it is.
[51:02.440 --> 51:06.440]  Everybody is screaming about the freed slaves.
[51:06.440 --> 51:07.440]  Newsflash.
[51:07.440 --> 51:09.440]  Nobody was freed.
[51:09.440 --> 51:11.440]  In fact, it's gotten worse.
[51:11.440 --> 51:18.440]  Everybody that isn't in power is a slave if you remain so by your own volition.
[51:18.440 --> 51:24.440]  When you think they're in charge, they are in charge.
[51:24.440 --> 51:31.440]  When you think they can do what they're doing, they can do what they're doing.
[51:31.440 --> 51:32.440]  Got it?
[51:32.440 --> 51:33.440]  Okay, I receive that.
[51:33.440 --> 51:35.440]  I don't take that incorrectly.
[51:35.440 --> 51:38.440]  Well, I was thinking more along the lines of the slavery reference.
[51:38.440 --> 51:41.440]  That's how most people would take it, that I'm being racist and talking about slaves.
[51:41.440 --> 51:45.440]  No, no, no, no, no, no, no, because I'm, no, no, no, no, because I, I mean, most intelligent
[51:45.440 --> 51:49.920]  else and tell them people, you've heard that, it's like a metaphor of what you're saying.
[51:49.920 --> 51:50.920]  I understand that.
[51:50.920 --> 51:51.920]  Exactly.
[51:51.920 --> 51:52.920]  I understand that.
[51:52.920 --> 51:53.920]  Yeah, and I appreciate that because a lot of people don't.
[51:53.920 --> 51:58.800]  If I'd have been talking to- I'm an African American, by the way.
[51:58.800 --> 51:59.800]  I can tell that.
[51:59.800 --> 52:00.800]  Actually, I can tell that.
[52:00.800 --> 52:04.800]  That's why I wanted to clarify that before we began.
[52:04.800 --> 52:08.280]  I could tell that, and I didn't want any mistakes made.
[52:08.280 --> 52:13.600]  Now, had I been talking to Al Sharpton or Jesse Jackson, I'd already be on Fox News
[52:13.600 --> 52:14.600]  and labeled.
[52:14.600 --> 52:15.600]  No.
[52:15.600 --> 52:16.600]  No, that's ridiculous.
[52:16.600 --> 52:17.600]  That's ridiculous.
[52:17.600 --> 52:21.720]  We got to learn how to talk to each other and deal with each other fairly.
[52:21.720 --> 52:22.720]  I could not agree more.
[52:22.720 --> 52:23.720]  The color is irrelevant.
[52:23.720 --> 52:24.720]  The skin color is irrelevant.
[52:24.720 --> 52:25.720]  All right.
[52:25.720 --> 52:26.720]  So I'm going to take your advice.
[52:26.720 --> 52:27.720]  Why not?
[52:27.720 --> 52:32.720]  I'm going to file a motion to dismiss.
[52:32.720 --> 52:37.560]  I guess my only fear is what comes next.
[52:37.560 --> 52:43.040]  Anything they do next gives you- Just understand this, Lysette.
[52:43.040 --> 52:49.080]  Anything that they do next that harms you in any way gives you a much bigger hammer
[52:49.080 --> 52:51.840]  to hit them back with.
[52:51.840 --> 52:57.040]  They are not so stupid as to not realize that.
[52:57.040 --> 53:01.280]  Okay.
[53:01.280 --> 53:05.880]  So the way this game will normally play out, if the person on the other side has, as you
[53:05.880 --> 53:12.560]  put it earlier, two working brain cells to rub together, then that little heated spark
[53:12.560 --> 53:18.560]  that should come across says, well, the bluff was tried and it failed.
[53:18.560 --> 53:21.900]  Time to move on.
[53:21.900 --> 53:26.280]  Because that's what they're attempting to do is to bluff you into surrendering money
[53:26.280 --> 53:30.520]  they have no right to under the law, none.
[53:30.520 --> 53:36.720]  The stop by the officer was completely illegal.
[53:36.720 --> 53:45.040]  That makes everything that the officer did from that moment forward illegal.
[53:45.040 --> 53:46.040]  I've heard of that before.
[53:46.040 --> 53:49.480]  I just didn't know it would apply in these type of situations.
[53:49.480 --> 53:55.860]  It applies in every type of situation where the other party acts illegally first.
[53:55.860 --> 54:00.880]  It would be no different than if a cop jumped out of his cruiser, came running at you, trying
[54:00.880 --> 54:07.560]  to gun you down and you whip the gun out of your purse and shot him dead before he succeeded.
[54:07.560 --> 54:09.000]  Are you a cop killer?
[54:09.000 --> 54:10.000]  Yes.
[54:10.000 --> 54:11.000]  Is it justifiable?
[54:11.000 --> 54:12.000]  Yes.
[54:12.000 --> 54:13.000]  Are you protected in self-defense?
[54:13.000 --> 54:14.000]  Yes.
[54:14.000 --> 54:15.000]  See how that works?
[54:15.000 --> 54:16.000]  Yes, I do.
[54:16.000 --> 54:17.000]  Okay.
[54:17.000 --> 54:26.440]  I have this to say to you, and this will help me turn the light bulb on in my own head.
[54:26.440 --> 54:27.440]  All right.
[54:27.440 --> 54:34.960]  So you say the officer, the highway patrol, stopped the vehicle because they were speeding.
[54:34.960 --> 54:39.680]  And then once you were stopped, because you were speeding and you were speeding and clocks
[54:39.680 --> 54:47.240]  you were going whatever, 100 and a 65, and then they say, hey, where's your license plate
[54:47.240 --> 54:50.280]  and your current registration, blah, blah, blah.
[54:50.280 --> 54:57.240]  Now in that situation, is the officer able to prevail, the highway patrol?
[54:57.240 --> 54:58.240]  Yes.
[54:58.240 --> 54:59.240]  What are you saying?
[54:59.240 --> 55:00.240]  What is speeding in California?
[55:00.240 --> 55:03.240]  Going above the speed limit, speed limit.
[55:03.240 --> 55:06.680]  No, no, no, no, no, no, no, no, no, no.
[55:06.680 --> 55:13.800]  What manner of accusation is speeding?
[55:13.800 --> 55:15.440]  Is it an infraction too?
[55:15.440 --> 55:20.480]  No, that's a moving violation actually.
[55:20.480 --> 55:26.360]  But are all moving violations something other than infraction?
[55:26.360 --> 55:29.040]  You're assuming again, if you haven't actually read it.
[55:29.040 --> 55:31.040]  No, I haven't read it.
[55:31.040 --> 55:32.040]  I'm just trying to use it.
[55:32.040 --> 55:35.040]  I'm just trying to use it in my mind.
[55:35.040 --> 55:36.040]  Okay.
[55:36.040 --> 55:40.640]  Again, let me clarify something so that light bulb will come on.
[55:40.640 --> 55:47.080]  If you are not a commercial operator in a commercial vehicle, commercial use vehicle,
[55:47.080 --> 55:51.880]  let me put it that way, not what they would call a commercial motor vehicle, but simply
[55:51.880 --> 55:58.920]  a vehicle or commercial motor vehicle or motor vehicle, all of which are commercial use,
[55:58.920 --> 56:07.600]  then the officer would still be wrong because speeding only applies to those entities.
[56:07.600 --> 56:12.080]  It's in the same code as all the other rules and regulations for those entities, right?
[56:12.080 --> 56:17.160]  Yeah, but these calls that you're quoting, is that current?
[56:17.160 --> 56:19.800]  What do you mean is that current?
[56:19.800 --> 56:21.800]  Yeah, it's current.
[56:21.800 --> 56:30.160]  All right, because I went to a legal clinic and that lawyer, law student person, law graduate
[56:30.160 --> 56:35.080]  or whatever to help me, they were saying that you do have to have a license plate and current
[56:35.080 --> 56:37.800]  registration in California to drive your vehicle.
[56:37.800 --> 56:38.800]  Okay.
[56:38.800 --> 56:39.800]  Here's the thing.
[56:39.800 --> 56:50.040]  Law student, okay, which is exclusively ignorant compared to lawyer or attorney, and then they're
[56:50.040 --> 56:52.240]  just stupid.
[56:52.240 --> 56:53.240]  Okay?
[56:53.240 --> 56:54.240]  Yeah.
[56:54.240 --> 56:55.240]  Uh-huh.
[56:55.240 --> 56:58.040]  Now, the reason I say that is very simple.
[56:58.040 --> 57:00.280]  What you just said is proof positive.
[57:00.280 --> 57:04.840]  They're talking out of their butts because they've never bothered to read anything.
[57:04.840 --> 57:09.920]  They're doing exactly what you have been doing about this and assumed it.
[57:09.920 --> 57:20.280]  They learned their legal education through judicial osmosis, not through what the law
[57:20.280 --> 57:21.280]  says.
[57:21.280 --> 57:27.320]  Well, that's the way it's got to be because we've been prosecuting people for it.
[57:27.320 --> 57:30.120]  Oh, well, in that case, it must be the law.
[57:30.120 --> 57:32.520]  You've been prosecuting people for it.
[57:32.520 --> 57:33.520]  Right.
[57:33.520 --> 57:34.520]  Wrong.
[57:34.520 --> 57:35.520]  Okay.
[57:35.520 --> 57:43.160]  Well, let me ask you this, I'm going to file this motion to dismiss this, that what you're
[57:43.160 --> 57:50.440]  saying, where can I find this law that you are quoting and stating is only...
[57:50.440 --> 57:56.240]  Well, that's the information I'm going to give you to Kevin to help you put together.
[57:56.240 --> 58:01.400]  So send me that contact info so I can get his to you, and we'll go from there.
[58:01.400 --> 58:06.920]  Okay, but if I look on the vehicle code for vehicles in California...
[58:06.920 --> 58:10.800]  If you know what you're looking for, yes.
[58:10.800 --> 58:15.000]  But you have to learn how to read a statute to understand it.
[58:15.000 --> 58:17.920]  It's not plain English like you're thinking it is.
[58:17.920 --> 58:18.920]  Okay.
[58:18.920 --> 58:23.280]  And is that the California vehicle statute?
[58:23.280 --> 58:25.680]  I'm pretty sure it is, yeah.
[58:25.680 --> 58:29.960]  Or is it considered the California vehicle code?
[58:29.960 --> 58:34.120]  Well, California motor vehicle code, I think, is what it's officially called, but yes, it's
[58:34.120 --> 58:35.120]  that code.
[58:35.120 --> 58:37.440]  All right, Lisette, I'm going to have to let you go, sweetheart.
[58:37.440 --> 58:38.440]  I got to get some other callers.
[58:38.440 --> 58:41.000]  When I get back, I'll take it up 45 minutes with you.
[58:41.000 --> 58:42.000]  All right?
[58:42.000 --> 58:43.000]  All right, folks.
[58:43.000 --> 58:44.000]  Y'all hang on.
[58:44.000 --> 58:45.000]  We're going to break.
[58:45.000 --> 58:46.000]  512-646-1984.
[58:46.000 --> 58:50.420]  We'll be right back.
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[59:49.040 --> 01:00:03.480]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:00:03.480 --> 01:00:08.160]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[01:00:08.160 --> 01:00:09.160]  Online at thelibertybeat.com.
[01:00:09.160 --> 01:00:13.800]  I'm Brian Hagan with your Liberty Beat for Monday, March 16, 2015.
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[01:00:40.680 --> 01:00:46.480]  In the news, following the decision to delay a planned bullet ban, President Obama said
[01:00:46.480 --> 01:00:49.320]  he remains committed to gun regulation.
[01:00:49.320 --> 01:00:53.560]  White House press secretary Josh Earnest stated that Obama wants to establish common sense
[01:00:53.560 --> 01:00:56.760]  rules that prevent criminals from getting weapons.
[01:00:56.760 --> 01:01:02.120]  The Bureau of Alcohol, Tobacco, Firearms and Explosives delayed a ban on 5.56 millimeter
[01:01:02.120 --> 01:01:10.280]  M855 green tip bullets after public response was overwhelmingly against the measure.
[01:01:10.280 --> 01:01:15.480]  A Los Angeles police officer is missing, likely on the run after being named as a person of
[01:01:15.480 --> 01:01:19.560]  interest in the shooting death of a 23-year-old man early Friday.
[01:01:19.560 --> 01:01:24.400]  Investigators found the vehicle belonging to 27-year-old Henry Solis not far from the
[01:01:24.400 --> 01:01:28.000]  scene of where Salome Rodriguez Jr. was downshot to death.
[01:01:28.000 --> 01:01:32.640]  It's alleged that the two men were involved in a fight that escalated to the fatal shooting.
[01:01:32.640 --> 01:01:40.000]  Solis fell to report to work Saturday and the search continues for his whereabouts.
[01:01:40.000 --> 01:01:45.280]  A George Washington University Research Institute has filed a lawsuit to force the release of
[01:01:45.280 --> 01:01:49.960]  transcripts of Henry Kissinger's phone calls during his time as Secretary of State in the
[01:01:49.960 --> 01:01:50.960]  1970s.
[01:01:50.960 --> 01:01:56.320]  The National Security Archive said the lawsuit was in response to unnecessary delays from
[01:01:56.320 --> 01:01:57.760]  the State Department.
[01:01:57.760 --> 01:02:03.480]  The Archive is attempting to get the last 700 transcripts of Kissinger's phone conversations.
[01:02:03.480 --> 01:02:07.840]  Researchers are seeking new information regarding Kissinger's role in U.S. relations with China,
[01:02:07.840 --> 01:02:09.720]  Cyprus and others.
[01:02:09.720 --> 01:02:15.040]  Today's broadcast of The Liberty Beat is sponsored by Brave New Books.
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[01:02:53.160 --> 01:02:57.400]  This is The Liberty Beat for Monday, March 16th, 2015.
[01:02:57.400 --> 01:03:26.240]  Check out the website at thelibertybeat.com.
[01:03:26.240 --> 01:03:27.720]  All right, folks, we are back.
[01:03:27.720 --> 01:03:31.440]  This is Rule of Law Radio and we're going to Jimmy in Maryland.
[01:03:31.440 --> 01:03:34.040]  Jimmy, what can we do for you?
[01:03:34.040 --> 01:03:36.040]  Hello, Jimmy.
[01:03:36.040 --> 01:03:38.040]  Hello, Jimmy.
[01:03:38.040 --> 01:03:39.040]  Howdy.
[01:03:39.040 --> 01:03:40.040]  What you got?
[01:03:40.040 --> 01:03:47.040]  I got caught up in the radio here because, you know, you went on your break.
[01:03:47.040 --> 01:03:56.040]  Yeah, I can identify with what your previous caller, Lizette, was talking about, the guy.
[01:03:56.040 --> 01:04:03.080]  Who got pulled over for a blown headlight, which is not criminal, which is a simple matter.
[01:04:03.080 --> 01:04:07.640]  You know about Mr. I've told you before about going to trial and I'm ready for sentencing.
[01:04:07.640 --> 01:04:08.640]  Right.
[01:04:08.640 --> 01:04:16.520]  What I want to ask you some things about is, when I, you know, I'm supposed to go back
[01:04:16.520 --> 01:04:24.800]  on April the 15th for sentencing, I did talk to a lawyer to see what he was going to say.
[01:04:24.800 --> 01:04:27.560]  And he kind of said, kind of like what you were saying, but he kind of inverted it.
[01:04:27.560 --> 01:04:32.000]  You know, he's saying that it's not all good, there's a reason why the lawyer wants, I mean,
[01:04:32.000 --> 01:04:38.400]  the judge wants me to have reputation there is to cover his butt, you know, to make his,
[01:04:38.400 --> 01:04:42.600]  whatever he does to make it flawless because I have reputation there, which doesn't make
[01:04:42.600 --> 01:04:46.200]  any sense to me why I have reputation to make the judge look good.
[01:04:46.200 --> 01:04:50.400]  So, this is basically what I was told by a lawyer.
[01:04:50.400 --> 01:04:52.320]  To make a judge look good?
[01:04:52.320 --> 01:04:58.040]  That what he said is going to make the judge look good, whatever it is, you know, it's
[01:04:58.040 --> 01:04:59.040]  already bad.
[01:04:59.040 --> 01:05:04.520]  And the judge is going to try to make his, this conviction flawless because I got representation
[01:05:04.520 --> 01:05:05.520]  at the sentencing.
[01:05:05.520 --> 01:05:06.520]  Yeah.
[01:05:06.520 --> 01:05:11.640]  Well, the reason that is is because your attorney is there to make sure that you don't have
[01:05:11.640 --> 01:05:13.160]  any appealable error.
[01:05:13.160 --> 01:05:17.640]  So, the judge will make sure that they follow the little checklist of the letter to make
[01:05:17.640 --> 01:05:21.080]  sure that appealable error does not get raised.
[01:05:21.080 --> 01:05:29.960]  But the problem is if in fact you were falsely arrested for something that was not a criminal
[01:05:29.960 --> 01:05:38.720]  act without a warrant, especially, then that can't be fixed by what the judge is doing
[01:05:38.720 --> 01:05:42.680]  because you have a right to challenge that arrest in the first place and you have the
[01:05:42.680 --> 01:05:49.920]  right to challenge everything after that arrest as fruit of the poison tree.
[01:05:49.920 --> 01:05:52.040]  Because that arrest was illegal.
[01:05:52.040 --> 01:05:55.000]  Any search and seizure attached to it was illegal.
[01:05:55.000 --> 01:05:56.000]  Right.
[01:05:56.000 --> 01:05:58.800]  Provided, of course, you didn't consent to it.
[01:05:58.800 --> 01:06:02.080]  No, of course I didn't consent to it.
[01:06:02.080 --> 01:06:05.120]  Like I said, they still would drive on the sentencing license, now they found out the
[01:06:05.120 --> 01:06:06.120]  license does not exist.
[01:06:06.120 --> 01:06:07.120]  They changed the sentencing license, it does not exist.
[01:06:07.120 --> 01:06:08.120]  So, they got the problem there.
[01:06:08.120 --> 01:06:13.600]  So, they now they're trying to move forward with driving without a license and without
[01:06:13.600 --> 01:06:14.600]  registration.
[01:06:14.600 --> 01:06:17.120]  So, they're trying to move forward now.
[01:06:17.120 --> 01:06:24.040]  And I had a case back in 1999, it was in Washington D.C. where I was, I don't know, the case was
[01:06:24.040 --> 01:06:26.920]  dismissed for driving without a registration and without a license.
[01:06:26.920 --> 01:06:30.960]  I'm hoping I can use that and I can raise your product type of thing.
[01:06:30.960 --> 01:06:35.160]  What do you think about that?
[01:06:35.160 --> 01:06:38.400]  Say that one more time.
[01:06:38.400 --> 01:06:46.560]  In D.C. in 1999 in Washington D.C. I was arrested for driving without a license, driving without
[01:06:46.560 --> 01:06:50.600]  registration, and I got a dismissal.
[01:06:50.600 --> 01:06:53.920]  And even though it's not the same jurisdiction, I know that it's not as strong as it is in
[01:06:53.920 --> 01:06:54.920]  the state.
[01:06:54.920 --> 01:06:58.200]  They're going to say they're doing it under different law, whatever D.C. allows is not
[01:06:58.200 --> 01:06:59.200]  their problem.
[01:06:59.200 --> 01:07:03.160]  Okay, so the state and the federal end still wouldn't matter anyway.
[01:07:03.160 --> 01:07:08.600]  No, you can't do res judicata unless it's the same parties under the same circumstances
[01:07:08.600 --> 01:07:10.780]  for the same type of thing.
[01:07:10.780 --> 01:07:16.200]  You could do it in D.C. or I'm sorry, it also has to be, yeah, it has to be stemming from
[01:07:16.200 --> 01:07:18.160]  the same series of events.
[01:07:18.160 --> 01:07:20.640]  So that's going to be the problem.
[01:07:20.640 --> 01:07:28.160]  Okay, that's what they would say when I saw, I had the same charges about the standard
[01:07:28.160 --> 01:07:31.760]  license dismissed in Maryland but it was in a different county.
[01:07:31.760 --> 01:07:34.880]  And that's what they say, it wasn't in this county, so even though the state of Maryland
[01:07:34.880 --> 01:07:37.040]  was a different county, like I said, not the same people.
[01:07:37.040 --> 01:07:40.840]  Yeah, they won't even let you bring that up to the jury because they'll say it's not relevant
[01:07:40.840 --> 01:07:43.240]  to the fact of this particular case.
[01:07:43.240 --> 01:07:44.240]  Okay.
[01:07:44.240 --> 01:07:48.920]  Well, it seems like it should be, you know, you get to do the same.
[01:07:48.920 --> 01:07:51.320]  Well, no, think about that.
[01:07:51.320 --> 01:07:56.640]  We're going to put you on trial for robbing Arby's and then we're also going to put you
[01:07:56.640 --> 01:07:59.760]  on trial for robbing McDonald's.
[01:07:59.760 --> 01:08:04.080]  You don't get to bring up the fact that they're both fast food restaurants because it's not
[01:08:04.080 --> 01:08:08.240]  relevant to the fact that you robbed each one.
[01:08:08.240 --> 01:08:11.200]  The fact of what they are is not the issue here.
[01:08:11.200 --> 01:08:14.960]  It's the robbery that's the issue here, okay?
[01:08:14.960 --> 01:08:15.960]  Same thing here.
[01:08:15.960 --> 01:08:21.400]  Even though, yeah, over here in Maryland, you got off of this charge, over here in D.C.,
[01:08:21.400 --> 01:08:27.960]  you got off of that charge, over here in Virginia, that's a whole different matter.
[01:08:27.960 --> 01:08:31.280]  Or it's a different day, a different week, a different month, a different year over here
[01:08:31.280 --> 01:08:35.640]  in Maryland and they caught you doing something else.
[01:08:35.640 --> 01:08:36.640]  It's a different deal.
[01:08:36.640 --> 01:08:42.960]  Okay, I see what you're saying, I still think it would be a weak argument.
[01:08:42.960 --> 01:08:44.920]  That's what I'm getting from you.
[01:08:44.920 --> 01:08:55.400]  It would be a virtually smoke-filled argument.
[01:08:55.400 --> 01:08:59.880]  What it would do is give the other side the opportunity to object to your attempt to use
[01:08:59.880 --> 01:09:00.880]  it.
[01:09:00.880 --> 01:09:03.440]  It would make you look bad in front of the jury.
[01:09:03.440 --> 01:09:04.880]  It wouldn't help you.
[01:09:04.880 --> 01:09:08.640]  In fact, it would probably be the other way in the long-term.
[01:09:08.640 --> 01:09:09.640]  Okay.
[01:09:09.640 --> 01:09:19.280]  Here's the first thing you've got to remember about whatever you do in court.
[01:09:19.280 --> 01:09:24.120]  If it isn't helping you, who is it helping?
[01:09:24.120 --> 01:09:28.360]  Them, the opposition.
[01:09:28.360 --> 01:09:29.640]  Possibly.
[01:09:29.640 --> 01:09:33.440]  So that's why you have to pick and choose very carefully what you say, what you do and
[01:09:33.440 --> 01:09:39.320]  how you say and how you do it because if it's either you hurting you or them hurting you,
[01:09:39.320 --> 01:09:43.680]  are you helping them by hurting you?
[01:09:43.680 --> 01:09:49.440]  So be smarter than that.
[01:09:49.440 --> 01:09:50.440]  Right.
[01:09:50.440 --> 01:09:51.440]  Okay.
[01:09:51.440 --> 01:10:00.640]  Relating to your previous call with Ms. Lizette, I had a case where the public defender didn't
[01:10:00.640 --> 01:10:07.600]  understand the difference between private travel and public travel and I caught him talking
[01:10:07.600 --> 01:10:11.800]  to another attorney about it and said, well, that could be true, you know, it might be
[01:10:11.800 --> 01:10:12.800]  true.
[01:10:12.800 --> 01:10:13.800]  So it was kind of like what you're saying.
[01:10:13.800 --> 01:10:17.600]  A lot of these lawyers, they don't even know, they just follow protocol, you know, in what
[01:10:17.600 --> 01:10:18.600]  they do.
[01:10:18.600 --> 01:10:22.520]  They don't really understand it because, you know, you don't challenge it that they don't
[01:10:22.520 --> 01:10:23.520]  like this.
[01:10:23.520 --> 01:10:27.080]  So I just wanted to support you on what you told her earlier.
[01:10:27.080 --> 01:10:28.080]  Okay.
[01:10:28.080 --> 01:10:29.080]  Another note.
[01:10:29.080 --> 01:10:30.080]  Yes, what's your name?
[01:10:30.080 --> 01:10:31.080]  No, go ahead.
[01:10:31.080 --> 01:10:32.080]  I'm saying thank you.
[01:10:32.080 --> 01:10:33.080]  Okay.
[01:10:33.080 --> 01:10:34.080]  Oh, okay.
[01:10:34.080 --> 01:10:42.720]  The judge now, and I get this now, I went for sentencing back on the 12th and they actually
[01:10:42.720 --> 01:10:48.200]  continued it because of my motion, I believe it's because of the motion I filed for finding
[01:10:48.200 --> 01:10:53.360]  a fast inclusion of law when I cited them for a violation due process and they're not
[01:10:53.360 --> 01:10:56.840]  in opposed motions and, you know, things like that.
[01:10:56.840 --> 01:11:01.000]  But the judge made a comment and there is some case in Maryland, I'm going to try to
[01:11:01.000 --> 01:11:05.200]  fantasy if I can fax it to you or, you know, email it to you.
[01:11:05.200 --> 01:11:12.240]  He says that when you're in a car and the key's ignition is running, that's driving.
[01:11:12.240 --> 01:11:16.240]  The judge actually came out and said that.
[01:11:16.240 --> 01:11:23.040]  Then the judge is ignoring the statutory definition of that and you need to be objecting to it.
[01:11:23.040 --> 01:11:28.040]  Question is the court creating a legal conclusion for the record?
[01:11:28.040 --> 01:11:34.320]  If the court is making a legal conclusion and creating a separate definition outside
[01:11:34.320 --> 01:11:40.680]  of those contained within the statute, please state so for the record at this time.
[01:11:40.680 --> 01:11:41.680]  Okay.
[01:11:41.680 --> 01:11:47.320]  In other words, you put it off on him to back up his assertion.
[01:11:47.320 --> 01:11:48.320]  Okay.
[01:11:48.320 --> 01:11:56.960]  I still can do that in my J-N-O-V, I'm sorry, my J-N-L-V, Kenna, doesn't, withoutwithstanding
[01:11:56.960 --> 01:11:57.960]  the verdict.
[01:11:57.960 --> 01:11:58.960]  Yeah.
[01:11:58.960 --> 01:11:59.960]  Yeah.
[01:11:59.960 --> 01:12:00.960]  Okay.
[01:12:00.960 --> 01:12:01.960]  That's the issue I have to bring up there.
[01:12:01.960 --> 01:12:06.480]  But he came out and said that, I didn't mention that to you last time, that he actually came
[01:12:06.480 --> 01:12:11.280]  out in open court and said that, I know they quoted him from a case that was filed in the
[01:12:11.280 --> 01:12:18.640]  court a couple of years ago where somebody was drunk and was sleeping and was behind
[01:12:18.640 --> 01:12:23.520]  the car and the engine was running and somehow it was declared that he was driving even though
[01:12:23.520 --> 01:12:26.280]  he was sleeping in a parked car that was running.
[01:12:26.280 --> 01:12:30.480]  Well, see that again is something the courts in Texas have done too.
[01:12:30.480 --> 01:12:35.640]  Even though the statute specifically says that you have to be in the car operating it
[01:12:35.640 --> 01:12:41.160]  on the highway, the courts have ruled that standing near it with keys in your possession
[01:12:41.160 --> 01:12:42.980]  is enough.
[01:12:42.980 --> 01:12:46.360]  That is not what the statute says.
[01:12:46.360 --> 01:12:52.200]  That is in no way a proper application of law.
[01:12:52.200 --> 01:12:57.720]  Wow.
[01:12:57.720 --> 01:13:05.600]  And any judge that supports that ruling needs to find himself the one that's arrested.
[01:13:05.600 --> 01:13:18.960]  So I know you told me I have to go after the prosecutor, but I'm trying to see, like you
[01:13:18.960 --> 01:13:21.120]  said, if he was intrigued.
[01:13:21.120 --> 01:13:27.000]  His case was tainted because he used false misleading evidence, he used two driving lights,
[01:13:27.000 --> 01:13:31.800]  one was false or fictitious, and one that the other one did not exist, even both of
[01:13:31.800 --> 01:13:32.800]  them did not exist.
[01:13:32.800 --> 01:13:39.440]  Yeah, see, that's the appealable error again right there, that they're fabricating evidence.
[01:13:39.440 --> 01:13:40.960]  That should get him a bar grievance.
[01:13:40.960 --> 01:13:41.960]  That should get him disbarred.
[01:13:41.960 --> 01:13:42.960]  Well, believe it or not, I've been filing bar grievances on the previous cases.
[01:13:42.960 --> 01:13:43.960]  I'm a killer.
[01:13:43.960 --> 01:13:44.960]  I haven't filed on this case yet.
[01:13:44.960 --> 01:13:45.960]  I've got like about 10 bar grievances.
[01:13:45.960 --> 01:13:46.960]  I've only filed like about eight of them so far.
[01:13:46.960 --> 01:13:47.960]  I've got a few more that I've filed on him because now we've got a problem.
[01:13:47.960 --> 01:13:48.960]  He admitted that a suspended license does not exist.
[01:13:48.960 --> 01:13:49.960]  It was not suspended.
[01:13:49.960 --> 01:14:04.400]  Yet, I got convicted, you prosecuted me two years ago and convicted me on a suspended
[01:14:04.400 --> 01:14:07.400]  license that I'm fighting right now.
[01:14:07.400 --> 01:14:15.440]  So I'm bringing up, you know, I just opened the door that, you know, I filed on bar grievances
[01:14:15.440 --> 01:14:18.440]  prior to this one because he's trying to do the same thing.
[01:14:18.440 --> 01:14:24.560]  Now that I've bargaged him, you know, for the first time now, it's coming out now.
[01:14:24.560 --> 01:14:31.480]  So I'm kind of grasping more of what you're saying and I'm starting to see more and more
[01:14:31.480 --> 01:14:33.480]  of the power that we really have.
[01:14:33.480 --> 01:14:37.440]  You know, you try to keep the seat, like the judge is trying to say, I don't know what
[01:14:37.440 --> 01:14:38.440]  I'm doing.
[01:14:38.440 --> 01:14:39.440]  I need to get an attorney.
[01:14:39.440 --> 01:14:40.440]  You know, I like filing things.
[01:14:40.440 --> 01:14:44.440]  I start filing things because I'm messing up and that's the attorney handle there.
[01:14:44.440 --> 01:14:46.800]  Now, I'm really strongly understanding.
[01:14:46.800 --> 01:14:51.200]  Well, you need to keep an eye on him and you better not turn your back on him.
[01:14:51.200 --> 01:14:56.320]  Well, I'm hoping to get this judge for judicial misconduct, that's what I'm looking for.
[01:14:56.320 --> 01:15:01.040]  Well, that's still not going to stop the case against you unless the judicial misconduct
[01:15:01.040 --> 01:15:04.920]  impaired your case in some way that was harmful to you.
[01:15:04.920 --> 01:15:07.520]  Then you could probably get it dismissed.
[01:15:07.520 --> 01:15:12.880]  But until you can show harm from that judge's misbehavior, it's not going to affect what
[01:15:12.880 --> 01:15:18.800]  they're trying to do to you per se or necessarily.
[01:15:18.800 --> 01:15:25.060]  So don't count on that unless you can first prove the harm you suffered and it's actually
[01:15:25.060 --> 01:15:31.600]  related to what the judge did or did not do that he should have done and was required
[01:15:31.600 --> 01:15:34.200]  to do.
[01:15:34.200 --> 01:15:37.160]  That's where your appealable error comes from in the first place.
[01:15:37.160 --> 01:15:44.600]  Well, like I said, we had a hearing for no criminal suspicion, this was at the time of
[01:15:44.600 --> 01:15:45.600]  the stop.
[01:15:45.600 --> 01:15:47.040]  I got emotionally suppressed.
[01:15:47.040 --> 01:15:52.080]  We had a free child hearing on that and of course, it was denied.
[01:15:52.080 --> 01:15:55.680]  I did a motion to squash the complaint.
[01:15:55.680 --> 01:15:56.680]  Motion to squash?
[01:15:56.680 --> 01:15:59.640]  Yeah, the squash because of the name.
[01:15:59.640 --> 01:16:03.720]  No, squash is a game you play with a racket or a food that you eat.
[01:16:03.720 --> 01:16:05.760]  I thought it meant squash.
[01:16:05.760 --> 01:16:06.760]  Squash, okay.
[01:16:06.760 --> 01:16:13.600]  Yeah, I did a motion to squash and of course, I said that the citation did not properly
[01:16:13.600 --> 01:16:20.120]  identify me because he denied everything without any objection.
[01:16:20.120 --> 01:16:21.920]  No objection was filed, nothing.
[01:16:21.920 --> 01:16:27.160]  The judge just moved upon himself and I was telling you a few weeks ago, the judge just
[01:16:27.160 --> 01:16:33.800]  moved upon himself and said that the court had jurisdiction over me because I'm there.
[01:16:33.800 --> 01:16:38.080]  That could wind up being a mistake for him as well if you backed it up properly.
[01:16:38.080 --> 01:16:42.960]  Okay, hang on just a second, we're going to take a break, all right?
[01:16:42.960 --> 01:16:43.960]  Okay.
[01:16:43.960 --> 01:16:48.240]  All right, folks, Marta Shea, Daniel, everybody else up on the call board there, y'all hang
[01:16:48.240 --> 01:16:49.240]  on.
[01:16:49.240 --> 01:16:50.480]  I will get to y'all as quick as I can.
[01:16:50.480 --> 01:16:51.480]  We'll be right back.
[01:16:51.480 --> 01:16:53.480]  This is Rule of Law Radio.
[01:16:53.480 --> 01:16:57.480]  We've got three more segments, so we'll be right back.
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[01:19:49.160 --> 01:19:51.040]  All right, folks, we are back.
[01:19:51.040 --> 01:19:54.160]  All right, we're talking to Jimmy in Maryland.
[01:19:54.160 --> 01:19:55.400]  All right, Jimmy.
[01:19:55.400 --> 01:20:02.100]  Okay, you mentioned before the break, when the judge said that he had jurisdiction because
[01:20:02.100 --> 01:20:08.840]  I was there, you said if I had handled that properly, what does that mean, if I handled
[01:20:08.840 --> 01:20:10.460]  that matter properly?
[01:20:10.460 --> 01:20:15.840]  If you submitted proper case law to the court stating that it was required to prove that
[01:20:15.840 --> 01:20:24.480]  jurisdiction on the record and it did not, then his assertion has no force and effect
[01:20:24.480 --> 01:20:31.020]  of law when a higher court has said he's wrong.
[01:20:31.020 --> 01:20:38.840]  And if you challenge jurisdiction and they failed to answer and prove jurisdiction after
[01:20:38.840 --> 01:20:46.480]  that was done, then they never had it, which means that if they never had it, the judge
[01:20:46.480 --> 01:20:55.240]  does not have immunity, nor does the prosecutor because they were not acting in their official
[01:20:55.240 --> 01:20:57.600]  capacities when they proceeded.
[01:20:57.600 --> 01:20:58.600]  Okay.
[01:20:58.600 --> 01:21:03.240]  I didn't file anything, but I verbally, you know, I said it orally.
[01:21:03.240 --> 01:21:04.240]  No, no, no.
[01:21:04.240 --> 01:21:13.440]  Marty Shea, or I'm sorry, Jimmy, what is a number one rule of anything that goes to court?
[01:21:13.440 --> 01:21:20.240]  File, file, file, file.
[01:21:20.240 --> 01:21:22.240]  Which is another way of saying what?
[01:21:22.240 --> 01:21:35.600]  I said a file, the most, it is always done in writing, always, no exception.
[01:21:35.600 --> 01:21:40.960]  Even if you have to do something on the fly in court for which you do not have a pleading
[01:21:40.960 --> 01:21:46.520]  already filed, then you put it down into a certified affidavit after that and you entered
[01:21:46.520 --> 01:21:47.520]  into the record anyway.
[01:21:47.520 --> 01:21:48.520]  Okay.
[01:21:48.520 --> 01:21:52.080]  I did, I did file an affidavit that I was not engaged in commerce.
[01:21:52.080 --> 01:21:53.080]  I did do that.
[01:21:53.080 --> 01:21:54.160]  Not what we're talking about.
[01:21:54.160 --> 01:21:58.800]  We're talking about a challenge to jurisdiction made in court and demanding proof of jurisdiction
[01:21:58.800 --> 01:22:00.480]  being entered on the record.
[01:22:00.480 --> 01:22:01.480]  Okay.
[01:22:01.480 --> 01:22:06.400]  If this is a court of record, then you need to be checking the transcript to make darn
[01:22:06.400 --> 01:22:07.840]  sure that's in there.
[01:22:07.840 --> 01:22:11.040]  And if it's not, guess what?
[01:22:11.040 --> 01:22:17.440]  It didn't happen because you didn't file anything in writing to show that it happened.
[01:22:17.440 --> 01:22:18.440]  Okay.
[01:22:18.440 --> 01:22:22.840]  Can I still put something in the JNOV?
[01:22:22.840 --> 01:22:25.040]  How are you going to do something this far after the fact?
[01:22:25.040 --> 01:22:27.080]  That was an accident, see if it's possible.
[01:22:27.080 --> 01:22:32.080]  Well, the JNOV is not a copy of the actual record, nor is it signed under penalty of
[01:22:32.080 --> 01:22:33.960]  perjury as an affidavit.
[01:22:33.960 --> 01:22:34.960]  Okay.
[01:22:34.960 --> 01:22:40.280]  So, putting it in there isn't really helpful to your case if it's not in the transcript
[01:22:40.280 --> 01:22:44.240]  of the original proceedings where it occurred.
[01:22:44.240 --> 01:22:47.720]  Okay.
[01:22:47.720 --> 01:22:52.240]  And the problem is, is making it this far after the fact looks more like you're trying
[01:22:52.240 --> 01:22:54.240]  to pull a kayak maneuver.
[01:22:54.240 --> 01:22:59.640]  Yeah, that's probably what they're trying to do.
[01:22:59.640 --> 01:23:00.640]  Trying to do.
[01:23:00.640 --> 01:23:01.640]  Okay.
[01:23:01.640 --> 01:23:07.160]  So, I did have a witness that testified, you know, that testified to me that I was taken
[01:23:07.160 --> 01:23:08.160]  to the store.
[01:23:08.160 --> 01:23:11.960]  And he did testify that, you know, that I was not paying him, there was no agreement
[01:23:11.960 --> 01:23:16.080]  that I was going to pay him, I just was taking him to the store.
[01:23:16.080 --> 01:23:22.280]  So, that would help to some degree, you know, how to testify that I was not engaged in commerce.
[01:23:22.280 --> 01:23:23.280]  Okay.
[01:23:23.280 --> 01:23:28.800]  Again, not relevant to the issue of the challenge to jurisdiction.
[01:23:28.800 --> 01:23:29.800]  Okay.
[01:23:29.800 --> 01:23:30.800]  Okay.
[01:23:30.800 --> 01:23:38.840]  If it's in the transcript, if I check the transcript, then I have a chance, but if they
[01:23:38.840 --> 01:23:45.880]  did something illegal and deleted things out of the transcript, then I got a problem.
[01:23:45.880 --> 01:23:46.880]  Yeah.
[01:23:46.880 --> 01:23:52.280]  Okay, I do have witnesses, I had, you know, some people that came to court with me, so.
[01:23:52.280 --> 01:23:55.640]  But what are they going to witness to?
[01:23:55.640 --> 01:23:58.520]  They witnessed that I challenged the jurisdiction and what the judge said, they were there to
[01:23:58.520 --> 01:23:59.520]  see it.
[01:23:59.520 --> 01:24:00.520]  Right.
[01:24:00.520 --> 01:24:01.520]  They witnessed it.
[01:24:01.520 --> 01:24:06.880]  Now, try sitting down with each one of them one at a time and ask them what they remember.
[01:24:06.880 --> 01:24:08.560]  Okay.
[01:24:08.560 --> 01:24:13.000]  And see if what they remember is the same across all witnesses.
[01:24:13.000 --> 01:24:14.320]  Okay.
[01:24:14.320 --> 01:24:18.480]  Because when it's not, guess what?
[01:24:18.480 --> 01:24:19.480]  You lose.
[01:24:19.480 --> 01:24:20.640]  There you go.
[01:24:20.640 --> 01:24:25.160]  The prosecutor or their attorney would tear that testimony apart saying, well, none of
[01:24:25.160 --> 01:24:28.400]  the testimony matches, it's all inconsistent.
[01:24:28.400 --> 01:24:31.760]  It's like, you know, the three blind men feeling of an elephant.
[01:24:31.760 --> 01:24:39.000]  So now I can use, I can use their, if you know, if everybody's...
[01:24:39.000 --> 01:24:44.320]  If you had had everybody do an affidavit immediately after the fact while their memories were fresh
[01:24:44.320 --> 01:24:51.080]  and their statements were fresh and you got them filed ASAP, then you'd be fine.
[01:24:51.080 --> 01:24:55.440]  Everything in writing, always.
[01:24:55.440 --> 01:24:57.880]  Got you.
[01:24:57.880 --> 01:25:01.880]  If you asked to blow your nose, you put that in an affidavit.
[01:25:01.880 --> 01:25:06.520]  If it's not in the transcript, then you file it.
[01:25:06.520 --> 01:25:14.200]  At 1032 AM Central Standard Time, Easter Standard Time, whatever time, I moved the court to
[01:25:14.200 --> 01:25:21.720]  allow me to blow my nose on a size 14 Kleenex provided by the clerk of the court.
[01:25:21.720 --> 01:25:25.120]  Signed seal delivered on this day.
[01:25:25.120 --> 01:25:39.960]  So I'm getting to you, if I get my witnesses together, I probably get them to file affidavits
[01:25:39.960 --> 01:25:46.400]  immediately, get them together, get them to file affidavits of what they saw and submit
[01:25:46.400 --> 01:25:47.400]  that.
[01:25:47.400 --> 01:25:54.360]  Yeah, but again, you better check and make sure that everything is going to match.
[01:25:54.360 --> 01:25:58.760]  You don't want to set them all down together and give them all the same affidavit, and
[01:25:58.760 --> 01:26:02.520]  you certainly don't want to sit down and give them a list of things to put in their affidavit
[01:26:02.520 --> 01:26:04.360]  because then they all look identical.
[01:26:04.360 --> 01:26:08.440]  They look contrived, okay?
[01:26:08.440 --> 01:26:10.720]  That's the problem.
[01:26:10.720 --> 01:26:15.400]  That's why I said rather than go and do that, first thing, sit down with each one of them,
[01:26:15.400 --> 01:26:21.960]  ask them specific factual questions and see how they answer and see if they would actually
[01:26:21.960 --> 01:26:29.320]  have enough information to put into an affidavit for you to use.
[01:26:29.320 --> 01:26:30.320]  Okay.
[01:26:30.320 --> 01:26:33.960]  Okay, that's what I have to do then.
[01:26:33.960 --> 01:26:34.960]  Okay.
[01:26:34.960 --> 01:26:35.960]  Okay.
[01:26:35.960 --> 01:26:37.600]  I'll be in touch with you.
[01:26:37.600 --> 01:26:41.240]  I appreciate your help and everything, and thanks a lot and keep up the good work.
[01:26:41.240 --> 01:26:42.240]  Appreciate you.
[01:26:42.240 --> 01:26:43.240]  All right, Jimmy.
[01:26:43.240 --> 01:26:44.240]  Good luck, man.
[01:26:44.240 --> 01:26:45.240]  All right.
[01:26:45.240 --> 01:26:46.240]  All right.
[01:26:46.240 --> 01:26:47.240]  All right.
[01:26:47.240 --> 01:26:48.240]  Martichay in Tennessee.
[01:26:48.240 --> 01:26:49.240]  Martichay, what can we do for you?
[01:26:49.240 --> 01:26:50.240]  How you doing?
[01:26:50.240 --> 01:26:51.240]  Doing all right.
[01:26:51.240 --> 01:26:52.240]  I want to give you feedback.
[01:26:52.240 --> 01:26:59.960]  I called last time because my wife had a situation where she got in a little fender bender, and
[01:26:59.960 --> 01:27:05.400]  they came and gave them tickets for suspended license, no license, no driver, suspended
[01:27:05.400 --> 01:27:08.400]  license, and insurance.
[01:27:08.400 --> 01:27:15.840]  We went to court and submitted a motion, judge brought it up there, denied the motion.
[01:27:15.840 --> 01:27:18.880]  My wife was all scared, telling my wife she needed to get an attorney or she was going
[01:27:18.880 --> 01:27:20.920]  to go to jail and all that good stuff.
[01:27:20.920 --> 01:27:24.520]  I called you and got advice on what to do.
[01:27:24.520 --> 01:27:29.120]  You just said educate her some more so she can be comfortable with the process or whatnot.
[01:27:29.120 --> 01:27:30.120]  That's what I did.
[01:27:30.120 --> 01:27:36.440]  When it came down to it, you also told me to go get a copy of what the judge says, the
[01:27:36.440 --> 01:27:38.280]  reason that he denied it.
[01:27:38.280 --> 01:27:43.400]  I went and got a copy of that.
[01:27:43.400 --> 01:27:47.640]  I was on a trip, so I wasn't able to go to court with my wife, but when my wife's on
[01:27:47.640 --> 01:27:56.920]  the next court date, my wife went up there and the judge dismissed the charges.
[01:27:56.920 --> 01:27:57.920]  I didn't understand.
[01:27:57.920 --> 01:28:03.320]  My wife was like, he didn't ask me about the judge, the attorney, he didn't say anything
[01:28:03.320 --> 01:28:05.440]  about what he said last time.
[01:28:05.440 --> 01:28:11.320]  He called my name and I walked up front and he said, well, I'm dismissing all charges.
[01:28:11.320 --> 01:28:15.720]  Well, gee, that was sweet of him.
[01:28:15.720 --> 01:28:17.720]  What did you guys file?
[01:28:17.720 --> 01:28:24.760]  Well, we filed a paper saying that she was not in commerce and that they had a lot of
[01:28:24.760 --> 01:28:25.760]  things on there.
[01:28:25.760 --> 01:28:33.880]  I don't have it in front of me, but it was a demand for dismissal because of not in commerce
[01:28:33.880 --> 01:28:36.880]  and all this other stuff.
[01:28:36.880 --> 01:28:45.400]  He just said that the accolade court ruled on this decision, so he's denying it.
[01:28:45.400 --> 01:28:49.200]  All in all, when he came down to the next court date, he had a big smile on his face
[01:28:49.200 --> 01:28:52.200]  and told her to go home.
[01:28:52.200 --> 01:28:54.200]  That's a victory on our part.
[01:28:54.200 --> 01:28:55.200]  Yeah.
[01:28:55.200 --> 01:28:58.200]  Now all you need to do is find out why.
[01:28:58.200 --> 01:28:59.200]  Why?
[01:28:59.200 --> 01:29:00.200]  Yeah.
[01:29:00.200 --> 01:29:04.560]  You want to know why just so you know what worked or what didn't work and what the basis
[01:29:04.560 --> 01:29:06.040]  for the dismissal was.
[01:29:06.040 --> 01:29:10.760]  Just do it out of curiosity and education, if nothing else.
[01:29:10.760 --> 01:29:12.160]  He did not tell her.
[01:29:12.160 --> 01:29:13.160]  He just told her.
[01:29:13.160 --> 01:29:14.160]  Yes.
[01:29:14.160 --> 01:29:15.160]  I understand that.
[01:29:15.160 --> 01:29:19.080]  I would just see since you no longer have a case pending before him, if it would be possible
[01:29:19.080 --> 01:29:22.080]  just to have a meeting and ask.
[01:29:22.080 --> 01:29:23.920]  Offer to take him to lunch and find out.
[01:29:23.920 --> 01:29:24.920]  Who knows?
[01:29:24.920 --> 01:29:26.760]  Are you allowed to do that?
[01:29:26.760 --> 01:29:31.560]  Well, you don't have a case in front of him.
[01:29:31.560 --> 01:29:37.280]  It's not bribery or anything else just to have a judge for a friend, is it?
[01:29:37.280 --> 01:29:38.280]  No.
[01:29:38.280 --> 01:29:39.280]  Okay.
[01:29:39.280 --> 01:29:40.280]  Be friendly.
[01:29:40.280 --> 01:29:42.280]  Try to get some answers.
[01:29:42.280 --> 01:29:43.280]  Okay.
[01:29:43.280 --> 01:29:44.280]  Okay.
[01:29:44.280 --> 01:29:47.640]  Don't go offering the guy money or anything, but you know.
[01:29:47.640 --> 01:29:48.640]  Yeah.
[01:29:48.640 --> 01:29:49.640]  All right.
[01:29:49.640 --> 01:29:50.640]  Hang on.
[01:29:50.640 --> 01:29:51.640]  We're going to take a break.
[01:29:51.640 --> 01:29:52.640]  I'll get to you when we get back.
[01:29:52.640 --> 01:29:53.640]  All right, folks.
[01:29:53.640 --> 01:29:54.640]  Rule of law radio.
[01:29:54.640 --> 01:29:55.640]  Y'all hang on.
[01:29:55.640 --> 01:30:05.640]  Peer leading can exploit young girls, especially when their uniforms are more suitable for
[01:30:05.640 --> 01:30:07.240]  a brothel than a ball field.
[01:30:07.240 --> 01:30:11.400]  I'm Dr. Catherine Albrecht and I'll be back in a moment to tell you about one high school
[01:30:11.400 --> 01:30:14.240]  squad that wants a little more respect.
[01:30:14.240 --> 01:30:19.240]  Throw me that bag.
[01:30:19.240 --> 01:30:22.740]  Shall we go?
[01:30:22.740 --> 01:30:24.880]  Let's go!
[01:30:24.880 --> 01:30:27.280]  All right.
[01:30:27.280 --> 01:30:28.400]  That's it?
[01:30:28.400 --> 01:30:29.480]  All right.
[01:30:29.480 --> 01:30:39.960]  I'll get to the seat key in just a minute.
[01:30:39.960 --> 01:30:43.960]  startpage.com, the world's most private search engine.
[01:30:43.960 --> 01:30:45.960]  Cheerleading has always been sexist.
[01:30:45.960 --> 01:30:50.960]  Two girls turning cartwheels in support of buff male athletes is a time-worn tradition.
[01:30:50.960 --> 01:30:54.960]  But many uniforms put the emphasis more on titillation than teamwork,
[01:30:54.960 --> 01:30:57.960]  and some cheerleaders are demanding more respect.
[01:30:57.960 --> 01:31:01.960]  A Connecticut high school squad recently got up the nerve to ask for more coverage.
[01:31:01.960 --> 01:31:05.960]  They said their tight short shorts and crop tops were embarrassing and inappropriate,
[01:31:05.960 --> 01:31:08.960]  and now their school board is scrambling for a fix.
[01:31:08.960 --> 01:31:13.960]  Experts say girls required to wear skimpy, midriff-bearing cheerleading outfits
[01:31:13.960 --> 01:31:16.960]  are at risk for poor body image and eating disorders,
[01:31:16.960 --> 01:31:19.960]  which affect thousands of cheerleaders nationwide.
[01:31:19.960 --> 01:31:23.960]  So here's three cheers for the Connecticut girls who said enough is enough.
[01:31:23.960 --> 01:31:30.960]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.960 --> 01:31:35.960]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.960 --> 01:31:37.960]  The government says that fire brought it down.
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[01:31:45.960 --> 01:31:48.960]  Thousands of my fellow first responders are dying.
[01:31:48.960 --> 01:31:50.960]  I'm not a conspiracy theorist. I'm a structural engineer.
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[01:33:03.960 --> 01:33:11.960]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:33:11.960 --> 01:33:39.960]  All right, folks.
[01:33:39.960 --> 01:33:42.960]  We are back, and we are speaking with Martichae in Tennessee.
[01:33:42.960 --> 01:33:45.960]  All right, Martichae, go ahead.
[01:33:45.960 --> 01:33:46.960]  All right.
[01:33:46.960 --> 01:33:52.960]  Well, another issue, I went to court today, and I'm the same fellow that they pulled over on the stop
[01:33:52.960 --> 01:33:57.960]  and got a search warrant to go search his house and charge him with charges,
[01:33:57.960 --> 01:34:00.960]  with drug charges and paraphernalia.
[01:34:00.960 --> 01:34:04.960]  I went to court today, and I thought it was supposed to be a motion hearing.
[01:34:04.960 --> 01:34:08.960]  And when I got to court, I figured out that it was a motion hearing,
[01:34:08.960 --> 01:34:14.960]  but it was a motion hearing to have him removed as my attorney.
[01:34:14.960 --> 01:34:19.960]  And so I started asking about what was going on and everything.
[01:34:19.960 --> 01:34:24.960]  They were telling me, well, we had a motion hearing in January,
[01:34:24.960 --> 01:34:32.960]  and they denied the motion to dismiss the evidence.
[01:34:32.960 --> 01:34:34.960]  And I'm like, they denied them.
[01:34:34.960 --> 01:34:35.960]  I'm like, why did they deny it?
[01:34:35.960 --> 01:34:39.960]  And I'm like, well, you know what, I'm going to go downstairs and get a copy of all that.
[01:34:39.960 --> 01:34:41.960]  What date was it, you know what I'm saying?
[01:34:41.960 --> 01:34:46.960]  And I'm going to go get a copy of that so I can look at it and see what happened to myself.
[01:34:46.960 --> 01:34:48.960]  And why wasn't I notified of a court date?
[01:34:48.960 --> 01:34:51.960]  I've been communicating with your office all the time, telling you,
[01:34:51.960 --> 01:34:56.960]  telling me you're going to call me back, you're busy, you've got trial.
[01:34:56.960 --> 01:35:04.960]  So once I started digging into the paperwork, I learned that from listening to your radio show,
[01:35:04.960 --> 01:35:10.960]  and I realized, I'm like, well, since he's saying all this and this is a motion date,
[01:35:10.960 --> 01:35:15.960]  I'm going to go home and figure out how to write up an insufficient counsel motion.
[01:35:15.960 --> 01:35:20.960]  I went home, looked at it right quick, came back to the court, submitted it,
[01:35:20.960 --> 01:35:28.960]  and within five minutes of that paperwork hitting the court floor,
[01:35:28.960 --> 01:35:32.960]  that attorney came back and pulled me out of the courtroom
[01:35:32.960 --> 01:35:39.960]  and then proceeded to tell me that, well, the district attorney pulled something on my record
[01:35:39.960 --> 01:35:47.960]  and found that they didn't have, there's no test results stored in the record.
[01:35:47.960 --> 01:35:54.960]  So we could pretty much say that we could skip this proceeding today
[01:35:54.960 --> 01:35:59.960]  and get all charges dismissed Wednesday.
[01:35:59.960 --> 01:36:03.960]  In my head, I'm like, y'all are snakes.
[01:36:03.960 --> 01:36:05.960]  Yeah.
[01:36:05.960 --> 01:36:09.960]  All those court dates, the only reason I knew about the court date today
[01:36:09.960 --> 01:36:12.960]  was because I called the office and the secretary told me.
[01:36:12.960 --> 01:36:15.960]  He was surprised when he saw me in court today.
[01:36:15.960 --> 01:36:21.960]  He was going to go in front of the judge and tell the judge that I wasn't cooperating
[01:36:21.960 --> 01:36:25.960]  and I'm not communicating with him, I'm not showing up to court.
[01:36:25.960 --> 01:36:30.960]  You know what I'm saying? I'm just sitting here like to see the big picture listening to you
[01:36:30.960 --> 01:36:34.960]  and then now go through it and to make them stop what they was doing
[01:36:34.960 --> 01:36:36.960]  and then see it work.
[01:36:36.960 --> 01:36:41.960]  And then within five minutes, you could see the whole expression change
[01:36:41.960 --> 01:36:44.960]  because he was talking to his buddy like, well, I'm going to file,
[01:36:44.960 --> 01:36:47.960]  I'm going to do this motion and he ain't going to know what to do.
[01:36:47.960 --> 01:36:50.960]  So once I realized that it was a motion to get him off my counsel,
[01:36:50.960 --> 01:36:52.960]  I'm like, wait a minute, I'm going to be heard.
[01:36:52.960 --> 01:36:56.960]  So I went and filed my own and it worked. It was simple.
[01:36:56.960 --> 01:36:57.960]  I just found it.
[01:36:57.960 --> 01:37:03.960]  It's not as hard as it looks, especially if you're willing not to let them get away with it.
[01:37:03.960 --> 01:37:07.960]  Exactly. And then now...
[01:37:07.960 --> 01:37:10.960]  But see, this was something that I talked to somebody about earlier today
[01:37:10.960 --> 01:37:14.960]  when he was telling me, he says, well, he hadn't contacted me and that's okay.
[01:37:14.960 --> 01:37:19.960]  And I'm like, no, it's not. It's not okay.
[01:37:19.960 --> 01:37:25.960]  Because if you don't know what he's doing, then whatever he's doing is screwing you.
[01:37:25.960 --> 01:37:30.960]  Right. But his one thing, though, that I'm kind of concerned about is
[01:37:30.960 --> 01:37:35.960]  because we went up to the judge, he said, we're going to make all this go away
[01:37:35.960 --> 01:37:39.960]  because the state said that there's a little issue or whatnot,
[01:37:39.960 --> 01:37:43.960]  so everything should go away Wednesday.
[01:37:43.960 --> 01:37:46.960]  But he told me that, oh, I didn't have to be there.
[01:37:46.960 --> 01:37:50.960]  I told the attorney, I'm like, no, I'm going to be there because if I wasn't here today,
[01:37:50.960 --> 01:37:52.960]  it would have been another story.
[01:37:52.960 --> 01:37:57.960]  Well, what you should have said was, look, I may not have to be there,
[01:37:57.960 --> 01:38:03.960]  but I'm going to be there because I want to know if I get a chance to hit you
[01:38:03.960 --> 01:38:07.960]  with another bar grievance before this is over.
[01:38:07.960 --> 01:38:14.960]  And I may need it for my, you know, malpractice lawsuit.
[01:38:14.960 --> 01:38:19.960]  Okay. So on Wednesday, is there anything that I need to watch out for
[01:38:19.960 --> 01:38:22.960]  because I don't know if they're going to try to put something...
[01:38:22.960 --> 01:38:24.960]  Yeah, if they say anything other than, judge,
[01:38:24.960 --> 01:38:27.960]  we've reached an agreement to dismiss all charges with the state,
[01:38:27.960 --> 01:38:30.960]  and the state says, yes, judge, we agree.
[01:38:30.960 --> 01:38:35.960]  If they say anything other than that, you better be paying attention.
[01:38:35.960 --> 01:38:36.960]  Yes, sir.
[01:38:36.960 --> 01:38:41.960]  And even if they do say that, make sure that no words like probation,
[01:38:41.960 --> 01:38:49.960]  plea agreement, has to sign off, agrees to take this or agrees to pay this,
[01:38:49.960 --> 01:38:53.960]  if any of that pops up, you better be objecting to that too.
[01:38:53.960 --> 01:38:56.960]  Okay. All right.
[01:38:56.960 --> 01:39:00.960]  And like I said, it's been a lot of information,
[01:39:00.960 --> 01:39:04.960]  and I got a small business starting up, so kind of hate to get
[01:39:04.960 --> 01:39:07.960]  putting all this together, but I just received some money,
[01:39:07.960 --> 01:39:11.960]  so I'm going to be donating to your organization real soon.
[01:39:11.960 --> 01:39:13.960]  All right. Well, I appreciate that.
[01:39:13.960 --> 01:39:17.960]  I'm going to keep on spreading the information.
[01:39:17.960 --> 01:39:21.960]  Now the ladies who were, because I was fighting for my wife,
[01:39:21.960 --> 01:39:24.960]  and they thought like we were insane, but now as I came back today
[01:39:24.960 --> 01:39:27.960]  and I told them the outcome of it, they're staring at me like,
[01:39:27.960 --> 01:39:29.960]  what do you know that we don't?
[01:39:29.960 --> 01:39:30.960]  Exactly.
[01:39:30.960 --> 01:39:31.960]  I'm like...
[01:39:31.960 --> 01:39:33.960]  A little more truth about what they're actually doing to you.
[01:39:33.960 --> 01:39:35.960]  That's what I know that you don't.
[01:39:35.960 --> 01:39:36.960]  Right.
[01:39:36.960 --> 01:39:39.960]  Well, just so you know, Martiché, remember, if you're going to make
[01:39:39.960 --> 01:39:42.960]  donations, that there are multiple ways to do that,
[01:39:42.960 --> 01:39:45.960]  and one does not necessarily carry over into the other.
[01:39:45.960 --> 01:39:48.960]  You can donate to the network, or you can donate to the individual members
[01:39:48.960 --> 01:39:51.960]  on the network, or you can do both.
[01:39:51.960 --> 01:39:55.960]  But putting it in one does not automatically translate to the other,
[01:39:55.960 --> 01:39:58.960]  so make sure you put it in the one you intend to put it in,
[01:39:58.960 --> 01:40:02.960]  or at least put a note earmarking it if you put it anywhere else.
[01:40:02.960 --> 01:40:07.960]  Okay, how about, all right, when I buy the program...
[01:40:07.960 --> 01:40:08.960]  That depends.
[01:40:08.960 --> 01:40:12.960]  That goes through the network, so all of that goes to the network.
[01:40:12.960 --> 01:40:18.960]  All right, so I'll do that one, and then I'll also donate to the individuals too.
[01:40:18.960 --> 01:40:19.960]  Appreciate it, man.
[01:40:19.960 --> 01:40:20.960]  All right, no problem.
[01:40:20.960 --> 01:40:21.960]  Thank you.
[01:40:21.960 --> 01:40:22.960]  Appreciate yourself.
[01:40:22.960 --> 01:40:23.960]  All right.
[01:40:23.960 --> 01:40:25.960]  All right, you hang in there and keep fighting.
[01:40:25.960 --> 01:40:26.960]  Yes, sir.
[01:40:26.960 --> 01:40:27.960]  All right.
[01:40:27.960 --> 01:40:31.960]  All right, now we're going to go to Daniel in Texas.
[01:40:31.960 --> 01:40:33.960]  Daniel, what you got?
[01:40:33.960 --> 01:40:34.960]  Eddie, how are you doing this evening?
[01:40:34.960 --> 01:40:36.960]  Good so far.
[01:40:36.960 --> 01:40:38.960]  Thanks for taking my call.
[01:40:38.960 --> 01:40:43.960]  Can we touch base on common law courts, their opinion on it,
[01:40:43.960 --> 01:40:46.960]  what New York, state of New York is doing,
[01:40:46.960 --> 01:40:49.960]  where they have common law court in every county?
[01:40:49.960 --> 01:40:51.960]  Well, here's the thing.
[01:40:51.960 --> 01:40:54.960]  Texas does not prohibit it under the Constitution.
[01:40:54.960 --> 01:40:59.960]  In fact, our Constitution here in Texas under Article 1, Section 2,
[01:40:59.960 --> 01:41:04.960]  specifically says that the people have all rights whatsoever at all times
[01:41:04.960 --> 01:41:11.960]  to in any way abolish, reform, or otherwise change our form of government
[01:41:11.960 --> 01:41:14.960]  from anything we want to anything we want,
[01:41:14.960 --> 01:41:19.960]  as long as it remains a Republican form of government.
[01:41:19.960 --> 01:41:23.960]  Now, to me, that specifically leaves within the hands of the people
[01:41:23.960 --> 01:41:28.960]  the ability to create and form common law grand juries and common law courts.
[01:41:28.960 --> 01:41:30.960]  It is not forbidden by the Constitution.
[01:41:30.960 --> 01:41:34.960]  In fact, it is enshrined within the Constitution
[01:41:34.960 --> 01:41:37.960]  that when our government is no longer serving us,
[01:41:37.960 --> 01:41:41.960]  we maintain the power to change it at however we see fit.
[01:41:41.960 --> 01:41:45.960]  There is also nothing there that says it requires a majority vote.
[01:41:45.960 --> 01:41:48.960]  It requires a constitutional amendment.
[01:41:48.960 --> 01:41:52.960]  It doesn't say anything like that because it can't.
[01:41:52.960 --> 01:41:55.960]  We created the Constitution.
[01:41:55.960 --> 01:41:59.960]  We set those parameters in it from the beginning.
[01:41:59.960 --> 01:42:03.960]  Therefore, it is our call and no one else's.
[01:42:03.960 --> 01:42:09.960]  The problem is the guys with the guns don't like to give up the control
[01:42:09.960 --> 01:42:11.960]  and the power they've already got.
[01:42:11.960 --> 01:42:15.960]  So they take our constitutional right, our protected right,
[01:42:15.960 --> 01:42:21.960]  and then convert it into a criminal act by us to hold them accountable
[01:42:21.960 --> 01:42:23.960]  for the crimes they're committing.
[01:42:23.960 --> 01:42:26.960]  You kind of see the catch-22 problem with all this?
[01:42:26.960 --> 01:42:27.960]  I do.
[01:42:27.960 --> 01:42:35.960]  This is why it is an insane concept to let the inmates get control of the asylum
[01:42:35.960 --> 01:42:39.960]  by declaring themselves to be the ones in charge.
[01:42:39.960 --> 01:42:45.960]  And that's exactly what the courts and the legislature have decided to do
[01:42:45.960 --> 01:42:53.960]  despite the constitutional provisions to the contrary.
[01:42:53.960 --> 01:42:55.960]  So do I agree with the concept?
[01:42:55.960 --> 01:42:57.960]  Absolutely.
[01:42:57.960 --> 01:42:59.960]  Do we have it?
[01:42:59.960 --> 01:43:01.960]  Absolutely.
[01:43:01.960 --> 01:43:02.960]  Can we use it?
[01:43:02.960 --> 01:43:08.960]  Not without an armed fight.
[01:43:08.960 --> 01:43:12.960]  Should we take the approach that New York has done,
[01:43:12.960 --> 01:43:19.960]  the steps to have a legislative power to convene common law courts?
[01:43:19.960 --> 01:43:21.960]  Well, but here's the thing.
[01:43:21.960 --> 01:43:27.960]  How can the legislature approve a power the Constitution itself says we have?
[01:43:27.960 --> 01:43:32.960]  There is no law against it, you see?
[01:43:32.960 --> 01:43:36.960]  Therefore, there's nothing for the government to enforce,
[01:43:36.960 --> 01:43:40.960]  but they're going to do it anyway.
[01:43:40.960 --> 01:43:42.960]  That's the problem.
[01:43:42.960 --> 01:43:46.960]  You can't get the legislature to agree that the Constitution means
[01:43:46.960 --> 01:43:50.960]  what the Constitution says by statute in order to legitimize it.
[01:43:50.960 --> 01:43:52.960]  That's going backwards.
[01:43:52.960 --> 01:43:54.960]  But hang on, I'll pick that back up on the other side.
[01:43:54.960 --> 01:43:56.960]  All right, folks, rule of law radio.
[01:43:56.960 --> 01:43:59.960]  We'll be right back.
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[01:46:01.960 --> 01:46:29.960]  All right, folks, we are back.
[01:46:29.960 --> 01:46:33.960]  This is Rule of Law Radio, and we are currently talking to Daniel in Texas.
[01:46:33.960 --> 01:46:37.960]  We are in our last segment, so I'm going to try to get all these callers wrapped up.
[01:46:37.960 --> 01:46:39.960]  All right, Daniel, go ahead.
[01:46:39.960 --> 01:46:42.960]  Daniel, let's wrap that up.
[01:46:42.960 --> 01:46:47.960]  New York, did they do that through legislative rulings?
[01:46:47.960 --> 01:46:49.960]  That's one question.
[01:46:49.960 --> 01:46:50.960]  I don't know.
[01:46:50.960 --> 01:46:53.960]  I haven't looked at the specific thing in New York you're talking about.
[01:46:53.960 --> 01:46:57.960]  I've heard of it, but I haven't followed it in any detail.
[01:46:57.960 --> 01:47:00.960]  So I don't know how they implemented it.
[01:47:00.960 --> 01:47:03.960]  Now, I'm not saying that don't do the legislative thing.
[01:47:03.960 --> 01:47:06.960]  I'm just simply saying that's sort of like asking the inmate
[01:47:06.960 --> 01:47:11.960]  if it's okay to change the locks and take their power back away from them
[01:47:11.960 --> 01:47:14.960]  after they've gotten control of it.
[01:47:14.960 --> 01:47:17.960]  I mean, they're the ones that's construing the Constitution
[01:47:17.960 --> 01:47:18.960]  incorrectly to begin with.
[01:47:18.960 --> 01:47:20.960]  It's not us.
[01:47:20.960 --> 01:47:25.960]  But now we want to ask them if they'll approve how we read it.
[01:47:25.960 --> 01:47:30.960]  So that's what we're doing.
[01:47:30.960 --> 01:47:31.960]  Yes.
[01:47:31.960 --> 01:47:34.960]  And I'll look into that and get back with you on that
[01:47:34.960 --> 01:47:39.960]  because every county in New York has a common law court.
[01:47:39.960 --> 01:47:44.960]  And then my other question would be I was doing a little research,
[01:47:44.960 --> 01:47:48.960]  and I'm sorry I don't have it in front of me,
[01:47:48.960 --> 01:47:58.960]  but was the legislators required, I believe it was each county,
[01:47:58.960 --> 01:48:00.960]  to have a constitutional court?
[01:48:00.960 --> 01:48:03.960]  Yeah, every county in Texas does have a constitutional court.
[01:48:03.960 --> 01:48:06.960]  They just took away all of its power.
[01:48:06.960 --> 01:48:08.960]  Took away all of its power.
[01:48:08.960 --> 01:48:10.960]  Yep, they statutorily removed all of the power
[01:48:10.960 --> 01:48:14.960]  of the constitutional county court here in Texas.
[01:48:14.960 --> 01:48:18.960]  And what are people using those courts for?
[01:48:18.960 --> 01:48:23.960]  Go read what it's allowed to do and you'll see.
[01:48:23.960 --> 01:48:25.960]  Okay.
[01:48:25.960 --> 01:48:27.960]  Yeah, I have not done that yet.
[01:48:27.960 --> 01:48:32.960]  Yeah, it's only allowed to handle some minor types of disputes
[01:48:32.960 --> 01:48:36.960]  and child issues, and that's it.
[01:48:36.960 --> 01:48:39.960]  So it does allow, it is, you are able to use child issues?
[01:48:39.960 --> 01:48:43.960]  No, certain child issues.
[01:48:43.960 --> 01:48:47.960]  Okay.
[01:48:47.960 --> 01:48:48.960]  Okay, I do a little research.
[01:48:48.960 --> 01:48:50.960]  Hey, appreciate your time, Eddie.
[01:48:50.960 --> 01:48:52.960]  Okay, no problem.
[01:48:52.960 --> 01:48:53.960]  You have a great one.
[01:48:53.960 --> 01:48:54.960]  You too.
[01:48:54.960 --> 01:48:57.960]  All right, now we're going to go to Patrick in Texas.
[01:48:57.960 --> 01:48:59.960]  Patrick, what you got?
[01:48:59.960 --> 01:49:01.960]  Good evening, Eddie.
[01:49:01.960 --> 01:49:03.960]  Howdy.
[01:49:03.960 --> 01:49:04.960]  I have a quick question for you.
[01:49:04.960 --> 01:49:07.960]  I had a Democrat situation in the county court
[01:49:07.960 --> 01:49:10.960]  where I had a dispute with a business partner
[01:49:10.960 --> 01:49:14.960]  and ultimately never did challenge jurisdiction on it,
[01:49:14.960 --> 01:49:15.960]  but ended up...
[01:49:15.960 --> 01:49:17.960]  No, wait a minute.
[01:49:17.960 --> 01:49:18.960]  What do you mean?
[01:49:18.960 --> 01:49:21.960]  All right, you had a dispute with a business partner
[01:49:21.960 --> 01:49:22.960]  and you went to court.
[01:49:22.960 --> 01:49:24.960]  I'm assuming this means civil lawsuit.
[01:49:24.960 --> 01:49:25.960]  Yes, sir.
[01:49:25.960 --> 01:49:26.960]  Okay.
[01:49:26.960 --> 01:49:29.960]  Was it small claims or something else?
[01:49:29.960 --> 01:49:31.960]  County court.
[01:49:31.960 --> 01:49:33.960]  So it is small claims.
[01:49:33.960 --> 01:49:38.960]  Travis County...
[01:49:38.960 --> 01:49:42.960]  Is it over 10,000 but less than 35, I think?
[01:49:42.960 --> 01:49:43.960]  Yes.
[01:49:43.960 --> 01:49:44.960]  Okay.
[01:49:44.960 --> 01:49:45.960]  In the district, it was right below it.
[01:49:45.960 --> 01:49:46.960]  All right.
[01:49:46.960 --> 01:49:49.960]  So you went to that court.
[01:49:49.960 --> 01:49:52.960]  How were you going to challenge the jurisdiction of that court
[01:49:52.960 --> 01:49:55.960]  to hear that case?
[01:49:55.960 --> 01:49:56.960]  I wasn't sure.
[01:49:56.960 --> 01:49:58.960]  I still am not sure in reference to that.
[01:49:58.960 --> 01:50:01.960]  Well, if the monetary value of the contract dispute
[01:50:01.960 --> 01:50:04.960]  is within that range and all the monetary recovery
[01:50:04.960 --> 01:50:06.960]  that is within that range
[01:50:06.960 --> 01:50:08.960]  that they're allowed to hear the case on
[01:50:08.960 --> 01:50:12.960]  and the contract is within their territorial jurisdiction
[01:50:12.960 --> 01:50:15.960]  as are the parties,
[01:50:15.960 --> 01:50:18.960]  then I'm still trying to figure out
[01:50:18.960 --> 01:50:20.960]  how you're going to argue no jurisdiction
[01:50:20.960 --> 01:50:23.960]  if one party actually filed suit.
[01:50:23.960 --> 01:50:24.960]  Okay.
[01:50:24.960 --> 01:50:27.960]  So then that's pretty much out the window.
[01:50:27.960 --> 01:50:29.960]  Well, not necessarily.
[01:50:29.960 --> 01:50:32.960]  If they fail to meet any of those conditions,
[01:50:32.960 --> 01:50:34.960]  then you could challenge jurisdiction.
[01:50:34.960 --> 01:50:37.960]  Both of you don't live within the county, for instance.
[01:50:37.960 --> 01:50:39.960]  That's diversity jurisdiction.
[01:50:39.960 --> 01:50:41.960]  You would have to agree to it.
[01:50:41.960 --> 01:50:44.960]  The contract isn't signed in this county
[01:50:44.960 --> 01:50:47.960]  or even this state, et cetera, et cetera.
[01:50:47.960 --> 01:50:49.960]  You don't live here, you know,
[01:50:49.960 --> 01:50:51.960]  or the money value is outside of the range
[01:50:51.960 --> 01:50:53.960]  the court's allowed to hear.
[01:50:53.960 --> 01:50:57.960]  If any of that's true, then you can challenge jurisdiction.
[01:50:57.960 --> 01:50:59.960]  Okay.
[01:50:59.960 --> 01:51:01.960]  So I wasn't sure if that attorney was handling this,
[01:51:01.960 --> 01:51:04.960]  and obviously I don't think, you know,
[01:51:04.960 --> 01:51:07.960]  the certain process that occurred necessarily
[01:51:07.960 --> 01:51:11.960]  was all the defenses that could have been postulated.
[01:51:11.960 --> 01:51:13.960]  Well, that's a separate issue.
[01:51:13.960 --> 01:51:14.960]  Right.
[01:51:14.960 --> 01:51:16.960]  So ultimately I ended up with a judgment,
[01:51:16.960 --> 01:51:21.960]  and with that judgment provided first round of discovery,
[01:51:21.960 --> 01:51:25.960]  it answered those questions,
[01:51:25.960 --> 01:51:27.960]  fulfilled them into, you know,
[01:51:27.960 --> 01:51:30.960]  whatever was appropriate as advised by the attorney.
[01:51:30.960 --> 01:51:32.960]  I gave him my answers, he formulated them,
[01:51:32.960 --> 01:51:34.960]  sent them over to the other attorney.
[01:51:34.960 --> 01:51:36.960]  The other attorney noted discrepancies in there,
[01:51:36.960 --> 01:51:39.960]  wanted clarification about different transactions
[01:51:39.960 --> 01:51:40.960]  that had gone through the account,
[01:51:40.960 --> 01:51:43.960]  speculating it was some third-party revenue source,
[01:51:43.960 --> 01:51:44.960]  which it wasn't.
[01:51:44.960 --> 01:51:49.960]  And so that went on for a while.
[01:51:49.960 --> 01:51:54.960]  They didn't provide proper notice to the court,
[01:51:54.960 --> 01:51:56.960]  I believe it was.
[01:51:56.960 --> 01:51:59.960]  They didn't provide proper notice in reference to some hearings
[01:51:59.960 --> 01:52:01.960]  in regards to why I thought I had not responded
[01:52:01.960 --> 01:52:04.960]  to their second request of discovery.
[01:52:04.960 --> 01:52:06.960]  And I was advised when I still had the attorney
[01:52:06.960 --> 01:52:08.960]  that if they want further discovery
[01:52:08.960 --> 01:52:11.960]  and they want further answers on those matters,
[01:52:11.960 --> 01:52:17.960]  then they can go to a deposition.
[01:52:17.960 --> 01:52:18.960]  Okay.
[01:52:18.960 --> 01:52:23.960]  And then that came up, actually went before the court,
[01:52:23.960 --> 01:52:30.960]  and the judge had us before him.
[01:52:30.960 --> 01:52:32.960]  The other attorney didn't have proper notice,
[01:52:32.960 --> 01:52:35.960]  and I made note that there was no proper notice
[01:52:35.960 --> 01:52:37.960]  because he didn't have a certified sign or letter
[01:52:37.960 --> 01:52:40.960]  saying that I received it, which I didn't receive it.
[01:52:40.960 --> 01:52:46.960]  And so gave me 30 days, and then it got rescheduled,
[01:52:46.960 --> 01:52:50.960]  never received notice, but I think my son got a copy of it.
[01:52:50.960 --> 01:52:54.960]  I was sent via regular mail and certified mail.
[01:52:54.960 --> 01:53:01.960]  And that came to a hearing,
[01:53:01.960 --> 01:53:04.960]  and I was given a supplemental time for that, I believe,
[01:53:04.960 --> 01:53:06.960]  is what the statement was,
[01:53:06.960 --> 01:53:09.960]  and made it clear that I'd already answered the question,
[01:53:09.960 --> 01:53:11.960]  asked and answered,
[01:53:11.960 --> 01:53:13.960]  and I guess that wasn't sufficing enough
[01:53:13.960 --> 01:53:16.960]  for the judge or for the other attorney.
[01:53:16.960 --> 01:53:19.960]  And then ultimately they had another hearing set
[01:53:19.960 --> 01:53:24.960]  in I believe it was February, possibly, or before that.
[01:53:24.960 --> 01:53:27.960]  And that day I was definitely ill.
[01:53:27.960 --> 01:53:29.960]  I called the clerk, and I told him,
[01:53:29.960 --> 01:53:32.960]  look, I'm not going to be able to make it to this 2 o'clock docket call
[01:53:32.960 --> 01:53:35.960]  because I'm still sick and that, you know,
[01:53:35.960 --> 01:53:37.960]  things come up in my mouth and other areas,
[01:53:37.960 --> 01:53:40.960]  and if you want me down there, then I'll come down there,
[01:53:40.960 --> 01:53:43.960]  but if not, then I need to know now.
[01:53:43.960 --> 01:53:45.960]  And he said, no, I'll notify the judge.
[01:53:45.960 --> 01:53:46.960]  You need to call the other attorney.
[01:53:46.960 --> 01:53:47.960]  I said, I will.
[01:53:47.960 --> 01:53:50.960]  And I did that. I called the assistant, called the attorney,
[01:53:50.960 --> 01:53:53.960]  and I told him, make sure that no action is taken on this.
[01:53:53.960 --> 01:53:57.960]  I need to reset this at a date later in the future.
[01:53:57.960 --> 01:54:00.960]  And they had the acknowledgment that it was going to happen.
[01:54:00.960 --> 01:54:05.960]  Now I come to find out that there was a document,
[01:54:05.960 --> 01:54:09.960]  not a show cause, but a writ was signed by Shepard
[01:54:09.960 --> 01:54:14.960]  that stated that I needed to comply with the discovery request,
[01:54:14.960 --> 01:54:17.960]  and I had, I guess, maybe 30 days to do that.
[01:54:17.960 --> 01:54:20.960]  Never received notice of that.
[01:54:20.960 --> 01:54:23.960]  Then my son notified me back on the 11th of February
[01:54:23.960 --> 01:54:25.960]  that someone came to serve documents,
[01:54:25.960 --> 01:54:30.960]  and ultimately it was for the show cause issue.
[01:54:30.960 --> 01:54:34.960]  And then I called the clerk again, and I said,
[01:54:34.960 --> 01:54:36.960]  did anything occur on that day when I called you
[01:54:36.960 --> 01:54:38.960]  and told you that I was not going to make it because I was sick?
[01:54:38.960 --> 01:54:41.960]  And he said, no, nothing was, no documents were signed,
[01:54:41.960 --> 01:54:44.960]  no action was taken, which is a flagrant lie.
[01:54:44.960 --> 01:54:52.960]  And then tonight there was documents left under the doorstopper
[01:54:52.960 --> 01:54:57.960]  stating that these documents were served to me on the 30th of February,
[01:54:57.960 --> 01:55:01.960]  which there's not a 30th day in February, number one,
[01:55:01.960 --> 01:55:07.960]  and number two, that I need to be there tomorrow at 2 o'clock.
[01:55:07.960 --> 01:55:12.960]  Okay. Tomorrow at 2 o'clock?
[01:55:12.960 --> 01:55:13.960]  Yes, sir.
[01:55:13.960 --> 01:55:17.960]  Well, how can you be there in February when it's March?
[01:55:17.960 --> 01:55:21.960]  No, the documents say they served these documents on the 30th of February,
[01:55:21.960 --> 01:55:23.960]  which is not even the actual day.
[01:55:23.960 --> 01:55:26.960]  Ah, okay. They said they served it.
[01:55:26.960 --> 01:55:32.960]  Then it sounds to me like you can prove that service was never performed.
[01:55:32.960 --> 01:55:34.960]  I agree.
[01:55:34.960 --> 01:55:38.960]  What is the best way to handle that, either through proxy,
[01:55:38.960 --> 01:55:41.960]  someone or I go down there and say it never happened,
[01:55:41.960 --> 01:55:45.960]  and also the bailiffs or the county clerk, whatever, lied to me,
[01:55:45.960 --> 01:55:47.960]  need to place them under arrest for falsifying...
[01:55:47.960 --> 01:55:50.960]  Did you record it?
[01:55:50.960 --> 01:55:51.960]  I did not record it.
[01:55:51.960 --> 01:55:54.960]  Then how do you intend to prove it?
[01:55:54.960 --> 01:55:56.960]  The only thing I have is a third-party witness.
[01:55:56.960 --> 01:55:58.960]  Explain that.
[01:55:58.960 --> 01:56:00.960]  When I called, I had the phone on speaker,
[01:56:00.960 --> 01:56:02.960]  and my phone was standing there next to me.
[01:56:02.960 --> 01:56:07.960]  Okay. How credible is your witness?
[01:56:07.960 --> 01:56:10.960]  Age-wise, 2026.
[01:56:10.960 --> 01:56:12.960]  Convicted of anything?
[01:56:12.960 --> 01:56:13.960]  Pardon?
[01:56:13.960 --> 01:56:15.960]  Convicted of anything?
[01:56:15.960 --> 01:56:16.960]  Never.
[01:56:16.960 --> 01:56:19.960]  Questionable history?
[01:56:19.960 --> 01:56:20.960]  None.
[01:56:20.960 --> 01:56:24.960]  Okay.
[01:56:24.960 --> 01:56:27.960]  All right. Then get them to sign an affidavit to that effect,
[01:56:27.960 --> 01:56:30.960]  put it in writing, get it filed.
[01:56:30.960 --> 01:56:31.960]  Okay.
[01:56:31.960 --> 01:56:34.960]  Now, in reference to the judge signing this,
[01:56:34.960 --> 01:56:37.960]  do I have any recourse I can present tomorrow as well
[01:56:37.960 --> 01:56:40.960]  and record to him taking action when his clerk should have advised him
[01:56:40.960 --> 01:56:44.960]  that that wasn't to happen?
[01:56:44.960 --> 01:56:47.960]  Well, again, without specific knowledge of other circumstances,
[01:56:47.960 --> 01:56:51.960]  it's hard to give you a direct answer to that.
[01:56:51.960 --> 01:56:55.960]  You can try to get the judge to do something he's not allowed to do,
[01:56:55.960 --> 01:57:01.960]  but I don't have enough details to know exactly what all that could or might be.
[01:57:01.960 --> 01:57:02.960]  So...
[01:57:02.960 --> 01:57:03.960]  Okay.
[01:57:03.960 --> 01:57:05.960] ...do your best,
[01:57:05.960 --> 01:57:10.960]  but there's not a lot the judge can do to move forward
[01:57:10.960 --> 01:57:15.960]  if you can prove service was never made.
[01:57:15.960 --> 01:57:17.960]  So service, okay.
[01:57:17.960 --> 01:57:22.960]  But going back to the original trial that should have been reset or rescheduled,
[01:57:22.960 --> 01:57:24.960]  as the clerk said it would be,
[01:57:24.960 --> 01:57:26.960]  I just let that go?
[01:57:26.960 --> 01:57:27.960]  No, you don't let it go.
[01:57:27.960 --> 01:57:32.960]  That's why you get your witness to sign an affidavit and you sign one too,
[01:57:32.960 --> 01:57:35.960]  that you were intentionally misled by the clerk
[01:57:35.960 --> 01:57:39.960]  so as to miss your court appearance.
[01:57:39.960 --> 01:57:40.960]  Okay.
[01:57:40.960 --> 01:57:43.960]  They'll try to palm it off on clerical error,
[01:57:43.960 --> 01:57:46.960]  but if you fought hard to get the clerk to tell you flat out
[01:57:46.960 --> 01:57:50.960]  and the clerk insisted on it, that's going to be really hard,
[01:57:50.960 --> 01:57:55.960]  but that's why you should be recording these conversations.
[01:57:55.960 --> 01:57:56.960]  Okay.
[01:57:56.960 --> 01:57:57.960]  All right.
[01:57:57.960 --> 01:58:00.960]  Can I speak with you after we're off?
[01:58:00.960 --> 01:58:02.960]  Yeah.
[01:58:02.960 --> 01:58:05.960]  You got the phone number?
[01:58:05.960 --> 01:58:06.960]  No.
[01:58:06.960 --> 01:58:10.960]  Then send me an email to eddie at ruleoflawradio.com,
[01:58:10.960 --> 01:58:12.960]  and we'll go from there.
[01:58:12.960 --> 01:58:13.960]  Yes, sir.
[01:58:13.960 --> 01:58:14.960]  Thank you.
[01:58:14.960 --> 01:58:15.960]  You're welcome.
[01:58:15.960 --> 01:58:16.960]  All right, folks.
[01:58:16.960 --> 01:58:18.960]  I'm sorry I don't have time to get any more callers.
[01:58:18.960 --> 01:58:21.960]  We are out of time for tonight.
[01:58:21.960 --> 01:58:24.960]  Thank you all for calling in and for listening to the show.
[01:58:24.960 --> 01:58:25.960]  We appreciate it a great deal.
[01:58:25.960 --> 01:58:28.960]  Please keep us in your prayers and in your financial support
[01:58:28.960 --> 01:58:30.960]  when and where you can.
[01:58:30.960 --> 01:58:32.960]  We definitely need it.
[01:58:32.960 --> 01:58:33.960]  We want to be here for you.
[01:58:33.960 --> 01:58:35.960]  Please help us do so.
[01:58:35.960 --> 01:58:36.960]  All right, folks.
[01:58:36.960 --> 01:58:37.960]  You all have a great week.
[01:58:37.960 --> 01:58:39.960]  Good night and God bless.
[01:58:39.960 --> 01:58:49.960]  Music
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