[00:00.000 --> 00:10.600]  The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[00:10.600 --> 00:13.080]  bulletins for the commodities market.
[00:13.080 --> 00:26.120]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:26.120 --> 00:32.960]  News opened up today with gold at $1,183.13 an ounce, silver at $16.28 an ounce, Texas
[00:32.960 --> 00:45.240]  crude at $59.39 a barrel, and Bitcoin is currently at 243 U.S. currency.
[00:45.240 --> 00:50.400]  Today in history, Thursday, May 11, 1989, then President George Herbert Walker Bush
[00:50.400 --> 00:54.760]  sends 2,000 troops to protect the lives of American citizens in Panama.
[00:54.760 --> 00:59.420]  Over 21,000 American civilians, many of them retired, lived in the country at the time
[00:59.420 --> 01:04.520]  of a controversial presidential election that the White House condemned as electoral theft
[01:04.520 --> 01:07.200]  by General Manuel Antonio Noriega.
[01:07.200 --> 01:13.680]  He was eventually overthrown.
[01:13.680 --> 01:18.680]  In recent news, former Scolumbone's member, U.S. Secretary of State John Kerry, will be
[01:18.680 --> 01:23.280]  flying to Russia to meet with President Vladimir Putin for the first direct talks in over two
[01:23.280 --> 01:24.280]  years.
[01:24.280 --> 01:29.320]  Tensions over Ukraine, currency hedging, sanctions, and other conflicts have kept the two superpowers
[01:29.320 --> 01:35.480]  at slight odds with each other.
[01:35.480 --> 01:41.040]  Next Thing Company recently announced a Kickstarter campaign for Chip, a $9 micro PC expected
[01:41.040 --> 01:43.400]  to be shipping out in 2016.
[01:43.400 --> 01:49.400]  This microcomputer is loaded with 1 gigahertz all-winner R8 Cortex A8 processor, Mali 400
[01:49.400 --> 01:53.640]  graphics, 502 megabytes of RAM, and 4 gigabytes of storage.
[01:53.640 --> 01:56.560]  It also has built-in Wi-Fi and Bluetooth 4.0.
[01:56.560 --> 02:05.000]  Chip only measures two and a half inches long by one and a half inches wide.
[02:05.000 --> 02:09.280]  Last week, NASDAQ said in a public announcement, quote, blockchain technology will provide
[02:09.280 --> 02:13.800]  extensive integrity, auditability, governance, and transfer of ownership capabilities.
[02:13.800 --> 02:18.680]  Apparently, they're going to start using a blockchain system to keep record of its NASDAQ
[02:18.680 --> 02:23.560]  private market, which handles trading of shares in the phase before a company goes public.
[02:23.560 --> 02:27.840]  NASDAQ sees the blockchain's perfect record-keeping as a major step in the right direction for
[02:27.840 --> 02:28.840]  money transparency.
[02:28.840 --> 02:31.920]  This does not mean that NASDAQ is using actual bitcoins.
[02:31.920 --> 02:37.320]  However, they are using bitcoins core technology, which is a major endorsement of bitcoins contribution
[02:37.320 --> 02:38.320]  to finance and trade.
[02:38.320 --> 02:42.400]  This is the first time the world has seen a trading system that doesn't require a trusted
[02:42.400 --> 02:43.400]  middleman.
[02:43.400 --> 02:44.400]  The Long Star Lowdown is currently looking for sponsors.
[02:44.400 --> 02:45.400]  If you have a product or a service that you would like to advertise on the lowdown, feel
[02:45.400 --> 02:54.400]  free to give us a call at 210-863-5617.
[02:54.400 --> 03:23.520]  This has been your Lowdown for May 11, 2015.
[03:23.520 --> 03:45.900]  determined that that's the high time to trade bitcoins.
[03:45.900 --> 03:49.900]  Take all the rope in Texas by the tall old tree
[03:49.900 --> 03:54.900]  Round up all of them dead boys in the highest tree
[03:54.900 --> 03:59.900]  For all the people to see
[03:59.900 --> 04:03.900]  That just is one thing you should always find
[04:03.900 --> 04:07.900]  You gotta saddle up your boys, you gotta draw a hard line
[04:07.900 --> 04:11.900]  When the gun smoke settles we'll sing a victory tune
[04:11.900 --> 04:16.900]  And we'll haul me back as we'll hope for some hope
[04:16.900 --> 04:20.900]  We'll raise up our glasses against evil forces
[04:20.900 --> 04:26.900]  Singin' whiskey for my men, beer for my horses
[04:30.900 --> 04:32.900]  Alright folks, good evening
[04:32.900 --> 04:34.900]  This is the Monday Night Rule of Law Radio Show
[04:34.900 --> 04:35.900]  With your host Eddie Craig
[04:35.900 --> 04:39.900]  It is May 11, 2015
[04:39.900 --> 04:42.900]  Alright folks, I know some of you are sending me emails
[04:42.900 --> 04:45.900]  Asking about a couple of missing shows in the archives
[04:45.900 --> 04:49.900]  There were a couple of shows that got lost from the archives server
[04:49.900 --> 04:51.900]  That we do not have backups of
[04:51.900 --> 04:53.900]  Is the information I've been given
[04:53.900 --> 04:57.900]  I do not know exactly which shows those are
[04:57.900 --> 05:03.900]  But if they're not posted and it's been more than 3 or 4 weeks
[05:03.900 --> 05:06.900]  Then potentially they are one of the ones that was lost
[05:06.900 --> 05:10.900]  I was informed there wasn't but two of them at the time
[05:10.900 --> 05:13.900]  So I don't know which ones they are
[05:13.900 --> 05:16.900]  But we apologize for the shows not being up
[05:16.900 --> 05:18.900]  That I'm getting emails on
[05:18.900 --> 05:21.900]  Whether it be a time thing or be that they are actually
[05:21.900 --> 05:24.900]  The two that were wound up missing
[05:24.900 --> 05:27.900]  Now that being said, there is one thing I want to get into tonight
[05:27.900 --> 05:28.900]  Before I start taking calls
[05:28.900 --> 05:30.900]  Of which I've already got one up on the board
[05:30.900 --> 05:32.900]  So if you would, Randy, please hang on
[05:32.900 --> 05:34.900]  And I'll get to you when I'm done here
[05:34.900 --> 05:37.900]  But right now we are having here in Austin
[05:37.900 --> 05:46.900]  A huge surge of code enforcement attacks on private property
[05:46.900 --> 05:53.900]  And there's something extremely wrong with the way they're doing this
[05:53.900 --> 05:57.900]  Now what they're doing is they're going down to the courthouse
[05:57.900 --> 06:01.900]  And they are getting warrants under the provisions of
[06:01.900 --> 06:05.900]  Article 18.05 of the Code of Criminal Procedure
[06:05.900 --> 06:09.900]  Now what I want to do is I want to read that to you real quick
[06:09.900 --> 06:12.900]  Warrants for Fire Health and Code Inspections
[06:12.900 --> 06:14.900]  Subsection A
[06:14.900 --> 06:17.900]  Except as provided by subsection E of this article
[06:17.900 --> 06:21.900]  A search warrant may be issued to a Fire Marshal,
[06:21.900 --> 06:24.900]  Health Officer or Code Enforcement Official of the State
[06:24.900 --> 06:28.900]  Or of any county, city or other political subdivision
[06:28.900 --> 06:33.900]  For the purpose of allowing the inspection of any specified premises
[06:33.900 --> 06:36.900]  To determine the presence of a fire or health hazard
[06:36.900 --> 06:38.900]  Or unsafe building condition
[06:38.900 --> 06:44.900]  Or a violation of any fire, health or building regulation statute or ordinance
[06:44.900 --> 06:47.900]  Then you have subsection B
[06:47.900 --> 06:50.900]  A search warrant may not be issued under this article
[06:50.900 --> 06:55.900]  Except upon the presentation of evidence of probable cause to believe
[06:55.900 --> 07:00.900]  That a fire or health hazard or violation or unsafe building condition
[07:00.900 --> 07:04.900]  Is present in the premises thought to be inspected
[07:04.900 --> 07:09.900]  Now right there in B you have a condition precedent
[07:09.900 --> 07:14.900]  The problem is, what is the condition?
[07:14.900 --> 07:18.900]  Well here it says
[07:18.900 --> 07:22.900]  Evidence of probable cause to believe
[07:22.900 --> 07:28.900]  That a fire or health hazard or violation or unsafe building condition
[07:28.900 --> 07:32.900]  Is present in the premises thought to be inspected
[07:32.900 --> 07:40.900]  Now the problem here is, is that probable cause is directly associated with criminal activity
[07:40.900 --> 07:48.900]  What crime are they alleging is being committed on the premises
[07:48.900 --> 07:55.900]  That meets these criteria in order to get the warrant issued
[07:55.900 --> 07:59.900]  Now we say that it requires criminal activity
[07:59.900 --> 08:01.900]  And how do we get to that?
[08:01.900 --> 08:08.900]  Well we get to that according to what the requirements of the issuance is for a warrant
[08:08.900 --> 08:11.900]  And we can look at that in the Bill of Rights
[08:11.900 --> 08:16.900]  Which I believe is either Article 9 or 10, I'm pulling that up here
[08:16.900 --> 08:22.900]  Let's see, searches and seizures, it's Article 1, Section 9
[08:22.900 --> 08:24.900]  And this is how it reads
[08:24.900 --> 08:33.900]  Searches and seizures, the people shall be secure in their persons, houses, papers, and possessions
[08:33.900 --> 08:38.900]  From all unreasonable seizures or searches
[08:38.900 --> 08:44.900]  And no warrant to search any place or to seize any person or thing
[08:44.900 --> 08:48.900]  Shall issue without describing them as near as may be
[08:48.900 --> 08:54.900]  Nor without probable cause supported by oath or affirmation
[08:54.900 --> 08:57.900]  So here is the problem
[08:57.900 --> 09:04.900]  They want to search private homes based upon these warrants
[09:04.900 --> 09:13.900]  But the warrants are not alleging criminal activity to establish probable cause
[09:13.900 --> 09:16.900]  How do we know they're not alleging criminal activity?
[09:16.900 --> 09:21.900]  Because they are seizing property from the premises
[09:21.900 --> 09:26.900]  And they are destroying or disposing of said property
[09:26.900 --> 09:32.900]  They are not seizing it for the purpose of evidence to be used at trial
[09:32.900 --> 09:35.900]  And here's the problem
[09:35.900 --> 09:42.900]  Article 18.06, the article directly after 18.05 where they're issuing these warrants
[09:42.900 --> 09:48.900]  Let me finish laying out what is in 18.05 and then I'm going to hit 18.06
[09:48.900 --> 09:52.900]  Subsection C, or sub-item C, no Subsection C
[09:52.900 --> 09:58.900]  In determining probable cause, the magistrate is not limited to evidence of specific knowledge
[09:58.900 --> 10:00.900]  Since when?
[10:00.900 --> 10:03.900]  But may consider any of the following
[10:03.900 --> 10:07.900]  The age and general condition of the premises
[10:07.900 --> 10:11.900]  Previous violations or hazards found present in the premises
[10:11.900 --> 10:13.900]  The type of premises
[10:13.900 --> 10:16.900]  The purposes for which the premises are used
[10:16.900 --> 10:25.900]  And the presence of hazards or violations in and the general condition of premises near the premises ought to be inspected
[10:25.900 --> 10:39.900]  So they're saying that they can use all of these conditions in addition to specific knowledge to invade people's homes for inspection purposes
[10:39.900 --> 10:43.900]  Now let me ask you a question
[10:43.900 --> 10:50.900]  If they can do this to a private home using these tenants
[10:50.900 --> 11:03.900]  How does that prevent the police officer from gaining access to a home alleging a fire violation when in fact they're there to look for illegal drugs and everything else?
[11:03.900 --> 11:10.900]  Because remember, if they find evidence of a crime subsequent to a proper search warrant
[11:10.900 --> 11:18.900]  And they didn't have to go outside of the bounds of the search warrant to find that evidence
[11:18.900 --> 11:23.900]  Can they prosecute you for what they find?
[11:23.900 --> 11:26.900]  I'm pretty sure they can
[11:26.900 --> 11:28.900]  Now let's read D
[11:28.900 --> 11:39.900]  Each city or county may designate one or more code enforcement officials for the purpose of being issued a search warrant as authorized by subsection A of this article
[11:39.900 --> 11:51.900]  A political subdivision other than a city or county may designate not more than one code enforcement official for the purpose of being issued a search warrant as authorized by subsection A of this article
[11:51.900 --> 12:06.900]  Only at the political subdivision routinely inspects premises to determine whether there is a fire or health hazard or unsafe building condition or a violation of fire health or building regulation statute or ordinance
[12:06.900 --> 12:08.900]  Now you get that?
[12:08.900 --> 12:14.900]  Of this article, only at the political subdivision routinely inspects premises
[12:14.900 --> 12:21.900]  Now is that the premises in question or is that premises in general?
[12:21.900 --> 12:27.900]  How often is code enforcement allowed to enter a private home?
[12:27.900 --> 12:37.900]  Unless it is at the request of someone that's renting a place or it's at the request of the property owner
[12:37.900 --> 12:42.900]  Can they use this to go into private homes?
[12:42.900 --> 12:45.900]  I would argue they cannot
[12:45.900 --> 12:53.900]  There's a big difference between their ability to issue these administrative warrants to check places accessible to the public
[12:53.900 --> 13:03.900]  It would be a whole other matter for them to be using these things to get access to a private home
[13:03.900 --> 13:08.900]  And I'm dealing with a situation right now where that is exactly what they've done
[13:08.900 --> 13:24.900]  They've used a warrant under 1805 to seize private property from a home and then destroyed the property and then sent a bill to the homeowner for everything they stole
[13:24.900 --> 13:29.900]  And all the people they paid to come steal it
[13:29.900 --> 13:32.900]  Now let's look at subsection E
[13:32.900 --> 13:40.900]  A search warrant may not be issued under this article to a code enforcement official of a county with a population of 3.3 million or more
[13:40.900 --> 13:51.900]  For the purpose of allowing the inspection of specified premises to determine the presence of an unsafe building condition or violation of a building regulation, statute or ordinance
[13:51.900 --> 13:54.900]  Now let me see if I got this straight
[13:54.900 --> 14:03.900]  If your county is overpopulated, 3.3 million people or more, they can't get a warrant to enter a premises
[14:03.900 --> 14:10.900]  But if you're under 3.3 million, they can
[14:10.900 --> 14:12.900]  How does that make sense?
[14:12.900 --> 14:19.900]  It would seem to me like it would be the more crowded conditions that would require the most leeway in getting the warrant
[14:19.900 --> 14:21.900]  Here it's exactly the opposite
[14:21.900 --> 14:30.900]  If you're less crowded, we can get into your home on a falsified administrative warrant and then we can come after you for some other sort of crime that we find while we're there
[14:30.900 --> 14:33.900]  If one's being committed
[14:33.900 --> 14:41.900]  And while we're there, anything we seize, we can just destroy because we have no intention of using it as evidence against you in a criminal case
[14:41.900 --> 14:51.900]  Because we're telling you to your face even though we got a warrant out of the code of criminal procedure, everything we're doing to you is civil
[14:51.900 --> 14:58.900]  And not only that, in these so-called civil things they're doing
[14:58.900 --> 15:06.900]  They are not providing you with any inventory sheets listing what they took
[15:06.900 --> 15:13.900]  They're just grabbing everything within reach, throwing it in a truck and taking it away and dumping and or destroying it in some way or fashion
[15:13.900 --> 15:16.900]  If they're not actually reusing any of it
[15:16.900 --> 15:23.900]  They're stealing from private property more private property
[15:23.900 --> 15:32.900]  And they're doing it under the disguise of a falsified warrant issued by an ignorant municipal judge
[15:32.900 --> 15:38.900]  Who is violating their oath of office, the Texas Constitution, and the rights of the person they're issuing the warrant against
[15:38.900 --> 15:45.900]  Because no one is alleging a criminal activity for the purpose of issuing that warrant
[15:45.900 --> 15:56.900]  If you go read the Statement of Probable Cause used to get the warrant in the case I'm referring to, it does not allege any criminal activity whatsoever
[15:56.900 --> 16:06.900]  So how did they get the warrant to go into a private home when no crime was alleged?
[16:06.900 --> 16:10.900]  Now let's look at 1806, execution of warrants
[16:10.900 --> 16:19.900]  A peace officer to whom a search warrant is delivered shall execute the warrant without delay and forthwith return the warrant to the proper magistrate
[16:19.900 --> 16:30.900]  A search warrant issued under Section 5A, Article 1821, must be executed in the manner provided by that section not later than the 11th day after the date of issuance
[16:30.900 --> 16:36.900]  We got a break coming up, alright I'll finish this on the other side of the break folks so y'all hang in there
[16:36.900 --> 16:42.900]  Calling number is 512-646-1984 if you want to call and get in line
[16:42.900 --> 16:46.900]  We'll start taking your calls after I get done with this after the coming break
[16:46.900 --> 16:49.900]  So y'all hang in there and we will be right back
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[18:49.900 --> 18:51.900]  That's RuleOfLawRadio.com
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[18:59.900 --> 19:04.900]  You are listening to the Logos Radio Network
[19:04.900 --> 19:07.900]  LogosRadioNetwork.com
[19:07.900 --> 19:26.900]  Look what we've got here, we ask the Christian
[19:26.900 --> 19:31.900]  Don't know what I don't have answered
[19:31.900 --> 19:35.900]  Don't know what I don't have answered
[19:35.900 --> 19:39.900]  Alright folks, we are back, this is RuleOfLawRadio
[19:39.900 --> 19:42.900]  Alright, now let's finish this up here
[19:42.900 --> 19:46.900]  Article 18.06, Execution of Warrant, subsection A
[19:46.900 --> 19:52.900]  A peace officer to whom a search warrant is delivered shall execute the warrant without delay
[19:52.900 --> 19:55.900]  And forthwith return the warrant to the proper magistrate
[19:55.900 --> 20:03.900]  A search warrant issued under section 5A, article 18.21, must be executed in the manner provided by that section
[20:03.900 --> 20:06.900]  Not later than the 11th day after the date of issuance
[20:06.900 --> 20:12.900]  In all other cases, a search warrant must be executed within three days from the time of its issuance
[20:12.900 --> 20:19.900]  A warrant issued under this chapter shall be executed within a shorter period, if so directed in the warrant by the magistrate
[20:19.900 --> 20:21.900]  Subsection B
[20:21.900 --> 20:29.900]  On searching the place ordered to be searched, the officer executing the warrant shall present a copy of the warrant to the owner of the place if he is present
[20:29.900 --> 20:37.900]  If the owner of the place is not present, but a person who is present is in possession of the place, the officer shall present a copy of the warrant to the person
[20:37.900 --> 20:43.900]  Before the officer takes property from the place, he shall prepare a written inventory of the property to be taken
[20:43.900 --> 20:51.900]  He shall legibly endorse his name on the inventory and present a copy of the inventory to the owner or other person in possession of the property
[20:51.900 --> 21:00.900]  If neither the owner nor a person in possession of the property is present when the officer executes the warrant, the officer shall leave a copy of the warrant and the inventory at the place
[21:00.900 --> 21:07.900]  Guess what they did not do. Guess who did not present the warrant to the homeowner in this case
[21:07.900 --> 21:15.900]  There was no peace officer serving the warrant. It was a code enforcement officer, which is not a peace officer
[21:15.900 --> 21:23.900]  Also, they did not provide a copy of the warrant before they began their search
[21:23.900 --> 21:33.900]  They entered the property and started taking the property without a warrant. They did not inventory one single piece of property
[21:33.900 --> 21:44.900]  And if they did, they did not give a copy of the inventory to the property owner or anyone present on the property at the time of the warrant's execution
[21:44.900 --> 21:54.900]  Now, what else did they have to do? Article 18.07, days allowed for warrant to run
[21:54.900 --> 22:02.900]  Subsection A, the period allowed for the execution of a search warrant exclusive of the day of its issuance and of the day of its execution is
[22:02.900 --> 22:12.900]  1. 15 whole days that the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison
[22:12.900 --> 22:21.900]  Including blood and saliva samples. 2. 10 whole days that the warrant is issued under Section 5A, Article 18.21
[22:21.900 --> 22:29.900]  Or 3. 3 whole days that the warrant is issued for a purpose other than that described by subdivision 1 or 2
[22:29.900 --> 22:38.900]  Subsection B, the magistrate issuing a search warrant under this chapter shall endorse on the search warrant the date and hour of its issuance
[22:38.900 --> 22:47.900]  Subsection C, if a warrant is issued to search for and seize data or information contained in or on a computer, disk drive, flash drive, cell or telephone
[22:47.900 --> 22:55.900]  Or other electronic communication or data storage device, the warrant is considered to have been executed within the time allowed under Subsection A
[22:55.900 --> 23:02.900]  If the device was seized before the expiration of the time allowed
[23:02.900 --> 23:14.900]  Notwithstanding any other law, any data or information contained in or on a device seized may be recovered and analyzed after the expiration of the time allowed under Subsection A
[23:14.900 --> 23:20.900]  18.08 Power of Officer Executing Warrant
[23:20.900 --> 23:31.900]  In the execution of a search warrant, the officer may call to his aid any number of citizens in this county who shall be bound to aid in the execution of the same
[23:31.900 --> 23:35.900]  Code enforcement can't do that, only a peace officer can do that
[23:35.900 --> 23:41.900]  18.09 Shall seize accused and property
[23:41.900 --> 23:51.900]  When the property which the officer is directed to search for and seize is found, he shall take possession of the same and carry it before the magistrate
[23:51.900 --> 24:01.900]  He shall arrest any person whom he is directed to arrest by the warrant and immediately take such person before the magistrate
[24:01.900 --> 24:11.900]  For purposes of this chapter, seizure in the context of property means the restraint of property, whether by physical force or by display of an officer's authority
[24:11.900 --> 24:17.900]  And includes the collection of property or the act of taking possession of property
[24:17.900 --> 24:23.900]  Now what is the problem here besides the fact that no criminal activity was alleged in the Statement of Probable Cause?
[24:23.900 --> 24:28.900]  They didn't provide an inventory prior to taking anything
[24:28.900 --> 24:32.900]  They didn't provide an inventory after they took anything
[24:32.900 --> 24:41.900]  None of the stuff they took was taken before the magistrate as required here, I guarantee you it was not
[24:41.900 --> 24:45.900]  And then it was destroyed
[24:45.900 --> 24:59.900]  The problem is, having read the warrant, I don't recall seeing anything in there that would allow for the purpose of a fire inspection
[24:59.900 --> 25:05.900]  To allow them to seize property during an inspection
[25:05.900 --> 25:07.900]  See the problem here?
[25:07.900 --> 25:17.900]  An inspection means going to do a visual accounting, where does the warrant say and seize property?
[25:17.900 --> 25:22.900]  Least ways, any property that you can't show directly relates to the purpose of the inspection
[25:22.900 --> 25:33.900]  So if you're inspecting for a fire hazard or a code hazard, then you need to be stipulating what property you're seizing in relation to that charge
[25:33.900 --> 25:42.900]  If in fact you're making a charge, and if you're not making a charge, then how did you make a Statement of Probable Cause to get the warrant in the first place?
[25:42.900 --> 25:45.900]  Oh wait, you lied
[25:45.900 --> 25:58.900]  You alleged a crime was being committed to get the warrant, then you entered the property, stole property, destroyed the property, did not compensate for the property
[25:58.900 --> 26:01.900]  And you didn't charge anybody
[26:01.900 --> 26:03.900]  Hmm
[26:03.900 --> 26:16.900]  So not only are you guilty of theft of private property and burglary of a habitation, you're guilty of felony destruction of evidence
[26:16.900 --> 26:18.900]  Uh oh
[26:18.900 --> 26:33.900]  Sounds to me like code enforcement officials and this magistrate, which by the way, is our one and only replacement head administrative judge at the Austin Municipal Court, Sherry Statist Man
[26:33.900 --> 26:43.900]  Okay? Who thinks that she is all that and a bag of chips and can do whatever the hell she wants from that bench
[26:43.900 --> 26:50.900]  This woman has a superiority complex that just won't quit
[26:50.900 --> 27:02.900]  I've been present in her courtroom and watched her demeanor and how she firmly believes any person on the other side of that table is beneath her
[27:02.900 --> 27:11.900]  She has nothing but contempt for somebody that walks into that courtroom and makes any effort to defend themselves
[27:11.900 --> 27:19.900]  I saw it in my Candles case, I saw it in a couple other cases I've been in there and watched her do
[27:19.900 --> 27:37.900]  Okay? I saw it when she ordered the bailiffs or the city marshals in this case to ensure that no media personnel were allowed access to her supposedly public courtroom while that trial was going on
[27:37.900 --> 27:41.900]  That right there was a direct violation of the First Amendment
[27:41.900 --> 27:52.900]  It was a direct violation of the Texas Constitution requiring that all judicial proceedings be public
[27:52.900 --> 28:10.900]  This woman thinks she can get away with anything and now she is issuing illegal warrants to illegally steal private property under false pretenses without any allegation of a criminal act
[28:10.900 --> 28:23.900]  This woman shouldn't be a judge, she darn sure shouldn't be an attorney, though she's definitely crooked enough to earn the title, she shouldn't be in the judiciary at all
[28:23.900 --> 28:27.900]  Most of them should not be in the judiciary at all
[28:27.900 --> 28:41.900]  What does it say about the American judiciary when only the most disreputable, unethical, dishonest, underhanded individuals are the ones that have power in it?
[28:41.900 --> 28:43.900]  What does that tell you?
[28:43.900 --> 28:51.900]  And you want people to have faith in the justice system while the criminals control it?
[28:51.900 --> 28:54.900]  That's fantasy land for you
[28:54.900 --> 29:02.900]  You would think Walt Disney designed the judicial system in America for all that kind of fantasy
[29:02.900 --> 29:09.900]  Alright folks, that's my diatribe on the issuance of these so-called administrative warrants for the purpose of inspection
[29:09.900 --> 29:14.900]  I guarantee you if you read the statement of probable cause and what the warrant is telling them to do
[29:14.900 --> 29:22.900]  You will find crime after crime after crime as being perpetrated by these individuals and whatever magistrate signs the warrant
[29:22.900 --> 29:25.900]  Guaranteed you'll find it
[29:25.900 --> 29:30.900]  Alright, call in number 512-646-1984
[29:30.900 --> 29:32.900]  Randy, I'm about to take another break
[29:32.900 --> 29:35.900]  I will pick you up as soon as we get back, so y'all hang in there
[29:35.900 --> 29:37.900]  Alright folks, get on the board, let's talk
[29:37.900 --> 30:01.900]  We will be right back after this break
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[32:06.900 --> 32:11.900]  And if we the people are ever going to have a free society then we're going to have to stand and defend our own rights
[32:11.900 --> 32:14.900]  Among those rights are the right to travel freely from place to place
[32:14.900 --> 32:18.900]  The right to act in our own private capacity and most importantly the right to due process of law
[32:18.900 --> 32:24.900]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process
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[33:28.900 --> 33:37.900]  All right, we are back. This is Rule of Law Radio.
[33:37.900 --> 33:42.900]  Calling number 512-646-1984 and we're going to take your calls.
[33:42.900 --> 33:46.900]  We're going to start with Randy. All right, Randy, what can we do for you?
[33:46.900 --> 33:53.900]  Randy, Eddie, first off I want to thank you for taking my call and all the help you give.
[33:53.900 --> 33:56.900]  You're welcome.
[33:56.900 --> 33:58.900]  Go ahead.
[33:58.900 --> 34:00.900]  You're welcome.
[34:00.900 --> 34:11.900]  Secondly, I received a notice of federal tax lien in the mail and I was wondering,
[34:11.900 --> 34:20.900]  is there any way I can get it correctly filed as a notice rather than a tax lien or possibly removed altogether?
[34:20.900 --> 34:24.900]  There is, but you're going to have to go after the IRS to do it.
[34:24.900 --> 34:28.900]  I would highly recommend that you do two things.
[34:28.900 --> 34:34.900]  I would recommend that if you don't have it, you get the book written by Dave Champion,
[34:34.900 --> 34:42.900]  Income Tax Shattering the Myths, and you can get that at taxrevolt.org, I believe.
[34:42.900 --> 34:51.900]  And the other is, depending upon whether or not you can get in touch with him or something like that,
[34:51.900 --> 34:54.900]  you could get in touch with Joseph Bannister.
[34:54.900 --> 34:59.900]  I don't know if you know who he is or not, but Joe is ex-IRSCID,
[34:59.900 --> 35:09.900]  and he now helps folks out in relation to appearing before the IRS and helping defend them and so on and so forth.
[35:09.900 --> 35:16.900]  And he is most assuredly in the know that the federal income tax does not apply to Americans.
[35:16.900 --> 35:24.900]  But the reason I say these two things, and I named them in that order, is I haven't gone completely through Dave's book
[35:24.900 --> 35:31.900]  to see whether or not he provides you with any direct method of dealing with some of the things they do,
[35:31.900 --> 35:39.900]  including the federal tax lien, so I don't know positively whether or not that's in there.
[35:39.900 --> 35:45.900]  But Dave also is willing to talk to folks about it from time to time.
[35:45.900 --> 35:50.900]  I don't know how much he does on the income tax stuff, but I know he wrote the book on it,
[35:50.900 --> 35:56.900]  and I know that everything in it is going to be factually correct.
[35:56.900 --> 35:58.900]  Okay.
[35:58.900 --> 36:03.900]  Yeah, and I'd heard of Dave Champion before, but I hadn't heard of Joseph Bannister.
[36:03.900 --> 36:07.900]  Yeah, Joseph Bannister is ex-IRSCID.
[36:07.900 --> 36:11.900]  The IRS has gone after him several times since he left their ranks trying to get him
[36:11.900 --> 36:20.900]  where he cannot practice in front of the IRS in assisting folks, and he's beating them hands down every time.
[36:20.900 --> 36:29.900]  They don't want him in there because he knows what the game is, and he knows how to play it from the inside out.
[36:29.900 --> 36:36.900]  So they've tried to get rid of him and block his access, but so far they haven't been able to do that.
[36:36.900 --> 36:41.900]  And he has actually gone back to being a full-time accountant, and this is part of what he does,
[36:41.900 --> 36:44.900]  is help folks with IRS issues.
[36:44.900 --> 36:47.900]  Where is he located?
[36:47.900 --> 36:54.900]  I believe he's in California, but I don't know how far-ranging he is, or even if he has to range for that matter.
[36:54.900 --> 36:57.900]  He may be able to do a lot of it by telephone. I don't know.
[36:57.900 --> 36:58.900]  Okay.
[36:58.900 --> 37:02.900]  But now I do know that the notice of federal tax lien is misrepresented.
[37:02.900 --> 37:12.900]  If you will go to the statutes it's talking about, the tax lien notice they send out only has subsection B on it.
[37:12.900 --> 37:18.900]  If you look at the back, it only reads what's in subsection B.
[37:18.900 --> 37:28.900]  The problem is, B only applies to those that are listed in subsection A, which they don't put on the notice.
[37:28.900 --> 37:37.900]  So what you need to get is a copy of that U.S. Code provision that shows A and B,
[37:37.900 --> 37:45.900]  and go down to your county clerk's office and tell them that that record is false in their records,
[37:45.900 --> 37:55.900]  because Texas has a law that allows the clerk to pull any record that is filed if she has reason to believe that it is false.
[37:55.900 --> 37:58.900]  Okay. What's the code?
[37:58.900 --> 38:02.900]  It should be listed on that notice of tax lien you've got.
[38:02.900 --> 38:08.900]  I want to say 6201, but I'm not positive that's what it is.
[38:08.900 --> 38:10.900]  It's been so long since I've even looked at it.
[38:10.900 --> 38:14.900]  But I do know that it's subsection B they're putting on the notice,
[38:14.900 --> 38:21.900]  and that subsection B only applies if you're one of the people listed in subsection A.
[38:21.900 --> 38:24.900]  Would that be under, like...
[38:24.900 --> 38:28.900]  The notice should tell you what provision of law they're using on the back.
[38:28.900 --> 38:33.900]  Look at the back of the notice.
[38:33.900 --> 38:39.900]  Okay.
[38:39.900 --> 38:43.900]  I don't see...
[38:43.900 --> 38:47.900]  If you don't see it, then take whatever paperwork you were sent,
[38:47.900 --> 38:52.900]  scan it in front and back, and email it to me, and I will see if I can see it for you.
[38:52.900 --> 39:00.900]  Okay. I have a... It says type of tax, 6702A.
[39:00.900 --> 39:10.900]  But that's all I'm seeing on the sheet that I'm looking at.
[39:10.900 --> 39:14.900]  6702A?
[39:14.900 --> 39:29.900]  6702A under a type of tax.
[39:29.900 --> 39:33.900]  And have you looked up 6702A?
[39:33.900 --> 39:35.900]  No, I have not. I just got this.
[39:35.900 --> 39:42.900]  6702A is frivolous tax return provision.
[39:42.900 --> 39:43.900]  Okay.
[39:43.900 --> 39:46.900]  What did you file on your tax return?
[39:46.900 --> 39:51.900]  I sent in my tax return, but instead of a signature...
[39:51.900 --> 39:52.900]  Oh, God.
[39:52.900 --> 39:56.900]  I sent a notarized limited power of attorney for them.
[39:56.900 --> 39:57.900]  Why did you do that?
[39:57.900 --> 39:58.900]  Under the government.
[39:58.900 --> 40:04.900]  Why did you do that?
[40:04.900 --> 40:11.900]  A friend of mine has said he's been doing it for 20 years.
[40:11.900 --> 40:15.900]  Don't ever do that.
[40:15.900 --> 40:20.900]  That's exactly what they attempt to do when you send in that return with that,
[40:20.900 --> 40:25.900]  is they try to hit you with the frivolous tax penalty.
[40:25.900 --> 40:26.900]  Okay.
[40:26.900 --> 40:27.900]  All right?
[40:27.900 --> 40:33.900]  And the problem is, is the only place it's reviewed is by the federal tax court.
[40:33.900 --> 40:38.900]  Guess whose side they're on.
[40:38.900 --> 40:39.900]  Okay.
[40:39.900 --> 40:45.900]  You might want to ask your friend how many of these frivolous tax return penalties he's been assessed
[40:45.900 --> 40:51.900]  and how big the lien debt they're saying he now owes is.
[40:51.900 --> 40:54.900]  Don't do that.
[40:54.900 --> 41:00.900]  It's better that you don't file anything rather than do that.
[41:00.900 --> 41:03.900]  Well, what should I do?
[41:03.900 --> 41:06.900]  Well, that's why you need to be reading Dave's book.
[41:06.900 --> 41:08.900]  Then you would know what to do in the first place.
[41:08.900 --> 41:16.900]  I don't claim to be an all-out federal income tax expert for the purpose of giving information to others.
[41:16.900 --> 41:23.900]  I know what it is and I know what it's not, and I don't and will not ever pay a penny into it ever again.
[41:23.900 --> 41:26.900]  But I know how to fight my battles.
[41:26.900 --> 41:30.900]  I can't fight everybody else's in that regard.
[41:30.900 --> 41:40.900]  So you need to know what it is and what it's not, and that book's the best source of information on that.
[41:40.900 --> 41:41.900]  Okay.
[41:41.900 --> 41:47.900]  I'll order that tonight then.
[41:47.900 --> 41:53.900]  I mean, they've even tried to tell him he can't sell that book, and he's still selling it,
[41:53.900 --> 41:56.900]  despite an alleged federal injunction against it.
[41:56.900 --> 42:02.900]  They can't prevent him from selling it because they know it's not wrong and they know it's not illegal.
[42:02.900 --> 42:08.900]  And there was absolutely nothing specified in the injunction that dealt with it.
[42:08.900 --> 42:16.900]  No legal basis for the injunction whatsoever, so it's moot.
[42:16.900 --> 42:23.900]  So just go to his website, follow the instructions on how to order the book, and get that to yourself as quickly as possible.
[42:23.900 --> 42:25.900]  Generally, he has it out fairly quickly.
[42:25.900 --> 42:30.900]  It takes anywhere between three to five days for him to get the order,
[42:30.900 --> 42:36.900]  and then once he does, it's usually sent back out within three or four days.
[42:36.900 --> 42:37.900]  All right.
[42:37.900 --> 42:39.900]  I'll send it tomorrow.
[42:39.900 --> 42:40.900]  Okay.
[42:40.900 --> 42:43.900]  You need to read that thoroughly.
[42:43.900 --> 42:54.900]  If memory serves, it's about 1,000 pages or just over that, but it's extremely informative.
[42:54.900 --> 42:55.900]  All right.
[42:55.900 --> 42:56.900]  Eddie, thanks a lot.
[42:56.900 --> 42:57.900]  I appreciate your help.
[42:57.900 --> 42:58.900]  Yes, sir.
[42:58.900 --> 42:59.900]  Thanks for calling in.
[42:59.900 --> 43:00.900]  All right.
[43:00.900 --> 43:06.900]  Oh, and find out what federal penitentiary your friend is going to be in and arrange your visiting hours now.
[43:06.900 --> 43:08.900]  Okay.
[43:08.900 --> 43:09.900]  All right.
[43:09.900 --> 43:10.900]  All right.
[43:10.900 --> 43:11.900]  Thanks a lot.
[43:11.900 --> 43:12.900]  You're welcome.
[43:12.900 --> 43:13.900]  Thank you.
[43:13.900 --> 43:14.900]  Bye.
[43:14.900 --> 43:15.900]  All right.
[43:15.900 --> 43:16.900]  Bye-bye.
[43:16.900 --> 43:17.900]  All right.
[43:17.900 --> 43:18.900]  Now we're going to go to – well, actually, Max, hang on.
[43:18.900 --> 43:23.900]  I'm about to hit another break segment here, so as soon as I get back from that, I will pick you up.
[43:23.900 --> 43:24.900]  All right, folks.
[43:24.900 --> 43:33.900]  This is Eddie Craig on Rule of Law Radio, Monday Night Show, our call-in number, 512-646-1984.
[43:33.900 --> 43:38.900]  If you've got a question, query, complaint, or ponderance, please give us a call.
[43:38.900 --> 43:42.900]  Get in line, and we will get to you before the end of the show, if at all possible, which
[43:42.900 --> 43:45.900]  luckily we've got a little over an hour to get done.
[43:45.900 --> 43:46.900]  All right, folks.
[43:46.900 --> 44:00.900]  Y'all hang in there, and we'll be back in just a few minutes, so don't go away.
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[46:14.900 --> 46:40.900]  All right, folks, we are back.
[46:40.900 --> 46:46.900]  This is Rule of Law Radio, call in number 512-646-1984.
[46:46.900 --> 46:48.900]  We're going to Max in Texas.
[46:48.900 --> 46:51.900]  Max, what can we do for you?
[46:51.900 --> 46:56.900]  Daddy, it's an honor to speak with you again.
[46:56.900 --> 47:04.900]  Same old issue, just a couple more little questions, trying to get used to the federal rules and what not.
[47:04.900 --> 47:08.900]  And I was, let me try to make this bullet point here.
[47:08.900 --> 47:15.900]  Last time we spoke, we had talked about the harm accruing based on the administrative hearing.
[47:15.900 --> 47:20.900]  In other words, you had kind of offline told me that a harm had already accrued
[47:20.900 --> 47:28.900]  because of their administrative determination of liability.
[47:28.900 --> 47:30.900]  Okay, I'll continue.
[47:30.900 --> 47:31.900]  Yeah, go ahead.
[47:31.900 --> 47:32.900]  I'm listening.
[47:32.900 --> 47:42.900]  Okay, and then what I was saying is, okay, so since harm has already accrued by the Bill of Pain's infidelity,
[47:42.900 --> 47:53.900]  no judicial review, how would I go about in a federal suit calculating the damages?
[47:53.900 --> 47:59.900]  What exactly are the monetary equivalent of damages of deprivation of civil rights?
[47:59.900 --> 48:00.900]  Well, that's just it.
[48:00.900 --> 48:03.900]  There's no set amount for it.
[48:03.900 --> 48:12.900]  Could you say that there would be something in the realm of what normally happens as opposed to what would be expected?
[48:12.900 --> 48:20.900]  You would have to check and see if there's any current guidelines in other similar cases,
[48:20.900 --> 48:29.900]  stating what if there are any particular range of monetary amounts that would be feasible for that.
[48:29.900 --> 48:35.900]  So it's like I couldn't just use the rulings that you look up on Google Scholar.
[48:35.900 --> 48:44.900]  Instead of looking at the rulings, you need to look at the original petition made by the attorney and see exactly what-
[48:44.900 --> 48:49.900]  Well, you need to see if the ruling stated that it was excessive.
[48:49.900 --> 48:57.900]  You need to not only see what was asked for, but why the court or jury ruled they could or could not have it.
[48:57.900 --> 49:02.900]  Is there some model standards as to how damages-
[49:02.900 --> 49:04.900]  Not that I'm aware of.
[49:04.900 --> 49:06.900]  Not that I'm aware of.
[49:06.900 --> 49:09.900]  If there is, it's set by case law.
[49:09.900 --> 49:19.900]  Federal rules of civil procedure under damages does not help you in any way assign a monetary value to-
[49:19.900 --> 49:25.900]  It may set a cap, but it doesn't set anything other than a cap.
[49:25.900 --> 49:34.900]  Okay. Now, I'm sure you're aware, in my case specifically, we're not necessarily looking for monetary damages.
[49:34.900 --> 49:38.900]  We were mostly seeking that injunctive relief.
[49:38.900 --> 49:46.900]  Would it not be, how they say, you always aim a little higher than your target,
[49:46.900 --> 49:59.900]  would it be unreasonable to seek damages and any other damages the court believes are appropriate just in case,
[49:59.900 --> 50:05.900]  just to throw it in there when it comes to the prep?
[50:05.900 --> 50:11.900]  Again, things don't always apply that way when it comes to courts.
[50:11.900 --> 50:16.900]  Aiming above your target may be grounds to throw it all out.
[50:16.900 --> 50:18.900]  You follow?
[50:18.900 --> 50:19.900]  Yeah, yeah.
[50:19.900 --> 50:27.900]  So it's best to find what has been accomplished and model what you do on the same,
[50:27.900 --> 50:31.900]  because your conditions and circumstances could be slightly less.
[50:31.900 --> 50:43.900]  Thus, your claim would not be considered as high, money-wise, as the one that came before it that had graver circumstances and conditions.
[50:43.900 --> 50:52.900]  So there's no minimum standard set for monetary equivalents of when someone's civil rights have been abridged?
[50:52.900 --> 50:54.900]  Not that I'm aware of.
[50:54.900 --> 50:57.900]  Okay. Cool. Next question.
[50:57.900 --> 51:10.900]  Okay. Case law regarding conversion of a state criminal offense into a civil municipal offense,
[51:10.900 --> 51:14.900]  have you been able to dig up any case law on that?
[51:14.900 --> 51:19.900]  I haven't even had time to look. I know it exists. I know it's there.
[51:19.900 --> 51:22.900]  I just haven't had time to dig any of it up.
[51:22.900 --> 51:30.900]  And I think I asked you this last time, but can you give me a good search string to put into something?
[51:30.900 --> 51:35.900]  I mean, do I need to go as far as Westlaw?
[51:35.900 --> 51:48.900]  Well, Westlaw would certainly be more direct on what you put in rather than trying to go through Google or even Google Scholar to get it.
[51:48.900 --> 51:53.900]  Since you're looking for it here, you would have to look – Texas would have to be part of it.
[51:53.900 --> 52:01.900]  You'd have to put in court as part of it. Let's see.
[52:01.900 --> 52:07.900]  Well, send me an email and I'll try to figure out something to put in for it.
[52:07.900 --> 52:13.900]  Okay. Not a problem. I will do that. Okay. And let me quickly run on to the next point here.
[52:13.900 --> 52:15.900]  Okay.
[52:15.900 --> 52:19.900]  I've set in a little bit of notes here so the audio doesn't get bored.
[52:19.900 --> 52:27.900]  Okay. Statute of limitations in a federal civil matter of the nature of the case that you're already familiar with.
[52:27.900 --> 52:31.900]  I apologize for the listeners. I can't recap the whole thing.
[52:31.900 --> 52:42.900]  But if we were going to go ahead and do the 42 USC 1982 suit, I mean, what is the statute of limitations?
[52:42.900 --> 52:46.900]  Some is one year. Some is two years.
[52:46.900 --> 52:50.900]  Some is one year. Some are two years.
[52:50.900 --> 52:55.900]  Yeah. One year is the smallest number I've seen. So I've got a year.
[52:55.900 --> 53:07.900]  And now that year, the statute of limitations caught begins to kick when the harm occurred or when the other party was noticed.
[53:07.900 --> 53:10.900]  When the harm occurred.
[53:10.900 --> 53:16.900]  Okay. So the original letter that they would have sent to her, that's the beginning of it?
[53:16.900 --> 53:22.900]  No, no, no. The harm occurred when they assessed a judgment against her.
[53:22.900 --> 53:27.900]  Okay. So when the administrative finding of facts and conclusions came in?
[53:27.900 --> 53:33.900]  Well, did they do a finding of facts and conclusions? No. They just ruled she was liable.
[53:33.900 --> 53:37.900]  Yeah, but they labeled it as a finding of facts and conclusions.
[53:37.900 --> 53:45.900]  Yeah, that may be what they labeled it, but the facts are there's no facts alleging she was the one or proving that she was behind the wheel, right?
[53:45.900 --> 53:47.900]  Correct. Never has been.
[53:47.900 --> 53:53.900]  So we have a challenge of guilt by ownership issue here, which is a deprivation of the right of due process.
[53:53.900 --> 54:00.900]  No evidence was ever introduced that linked her to the commission of the act.
[54:00.900 --> 54:14.900]  Okay. So when you talk about guilt by ownership, and is that the case law that last time you told me that no such case law exists, but we would have to fight for it?
[54:14.900 --> 54:21.900]  That is a question that has never been addressed by the higher courts that I am aware of.
[54:21.900 --> 54:38.900]  No one has ever raised the issue on appeal that I've seen regarding how can a person be fined for an act over which they had no knowledge or control?
[54:38.900 --> 54:48.900]  Correct. I understand that there's a problem with it, but I was hoping that there would be some, again, some case law that would...
[54:48.900 --> 54:58.900]  Well, there can't be case law until someone has a case that addresses it, and so far no one has that I can find.
[54:58.900 --> 55:19.900]  Okay. And just off the top of your head, whereabouts in the Texas Constitution or the federal constitution would you figure something like that would be that gives the person as a component of personal liberty the right to use their private property as it was intended for private purposes and non- pecuniary...
[55:19.900 --> 55:26.900]  It's not. It's in prior case law, but that is not the issue here. The use of the property is not the issue.
[55:26.900 --> 55:36.900]  If you ask that question, then you are convoluting the issue, and you're pointing fingers at her as being the one using it, right?
[55:36.900 --> 55:37.900]  Negative.
[55:37.900 --> 55:41.900]  No, not negative. Otherwise, there's not a question of use here.
[55:41.900 --> 55:49.900]  I didn't say that she was party to the act, period. Nor has anybody stipulated as such.
[55:49.900 --> 55:58.900]  No, no, no. You misunderstand. The question you were asking me was going to place that on the table.
[55:58.900 --> 56:03.900]  Legally speaking, that question was going to place that issue.
[56:03.900 --> 56:04.900]  Huh?
[56:04.900 --> 56:11.900]  It would have given them prima facie reason that since she is the owner, she must have been the guilty party...
[56:11.900 --> 56:17.900]  No, they have prima facie that she's the owner. She's the registered owner, is she not?
[56:17.900 --> 56:18.900]  Yes.
[56:18.900 --> 56:25.900]  She's not. She's the owner is not relevant to the commission of the act, is it?
[56:25.900 --> 56:36.900]  Well, I would assume that it's not in a criminal sense, but in a civil sense, could this not be construed as her being liable because of...
[56:36.900 --> 56:44.900]  In a civil sense, there's only two ways she could be liable. Consent and contract. Where is it?
[56:44.900 --> 56:47.900]  Neither consent nor contract existed.
[56:47.900 --> 56:51.900]  Exactly.
[56:51.900 --> 56:57.900]  Okay. Okay. Let's move on to the next one. If I were to...
[56:57.900 --> 57:05.900]  Oh, I'm sorry. If she was to initiate a suit in the federal, in the Fed...
[57:05.900 --> 57:18.900]  I get this. Fifth Circuit here in Southern... Oh, no. She's actually up in, what is it, Third District of... Up by Dallas of Texas District Court.
[57:18.900 --> 57:31.900]  You know, is she... I guess what I'm saying is what's the statute of limitations? I guess I already asked you that. It's one year you're saying that I have time to...
[57:31.900 --> 57:33.900]  No, it's one or it's two.
[57:33.900 --> 57:37.900]  Until I have time to file my original petition.
[57:37.900 --> 57:45.900]  It's one year or two years, depending upon what rights you are alleging were violated.
[57:45.900 --> 57:53.900]  But if it was just basic curtailment of personal liberty...
[57:53.900 --> 58:03.900]  No, no. Not the right issue. Liberty is not the issue here, Max. Liberty's got nothing to do with this, Max. Nothing.
[58:03.900 --> 58:07.900]  Whether she was coming or going is never the question in this case.
[58:07.900 --> 58:16.900]  The issue is punishment without judicial review on no evidence other than ownership.
[58:16.900 --> 58:26.900]  No proof that she perpetrated the act alleged. It's a conviction without evidence of participation.
[58:26.900 --> 58:32.900]  It's got nothing to do with exercise of the use of the property or the liberty.
[58:32.900 --> 58:34.900]  Okay.
[58:34.900 --> 58:37.900]  I hear the music there, Eddie. It looks like...
[58:37.900 --> 58:43.900]  Yeah, fortunately this is the long top of the hour break music. All right, hang on. We'll cover this on the other side, okay?
[58:43.900 --> 58:49.900]  All right, folks. Y'all hold on. 512-646-1984. We'll be right back.
[58:49.900 --> 58:53.900]  The Bible remains the most popular book in the world.
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[01:00:12.900 --> 01:00:24.900]  Today in history, news updates and the inside scoop into the tides of the alternative.
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[01:00:34.900 --> 01:00:44.900]  And Bitcoin is currently at $243 U.S. currency.
[01:00:44.900 --> 01:00:49.900]  Today in history, Thursday, May 11, 1989, then President George Herbert Walker Bush
[01:00:49.900 --> 01:00:53.900]  sent 2,000 troops to protect the lives of American citizens in Panama.
[01:00:53.900 --> 01:00:58.900]  Over 21,000 American civilians, many of them retired, lived in the country
[01:00:58.900 --> 01:01:02.900]  at the time of a controversial presidential election that the White House condemned
[01:01:02.900 --> 01:01:06.900]  as electoral theft by General Manuel Antonio Noriega.
[01:01:06.900 --> 01:01:12.900]  He was eventually overthrown.
[01:01:12.900 --> 01:01:17.900]  In recent news, former Skoll and Bones member, U.S. Secretary of State John Kerry,
[01:01:17.900 --> 01:01:20.900]  will be flying to Russia to meet with President Vladimir Putin
[01:01:20.900 --> 01:01:23.900]  for the first direct talks in over two years.
[01:01:23.900 --> 01:01:27.900]  Tensions over Ukraine, currency hedging, sanctions, and other conflicts
[01:01:27.900 --> 01:01:34.900]  have kept the two superpowers at slight odds with each other.
[01:01:34.900 --> 01:01:38.900]  Next Thing Company recently announced a Kickstarter campaign for Chip,
[01:01:38.900 --> 01:01:42.900]  a $9 micro PC expected to be shipping out in 2016.
[01:01:42.900 --> 01:01:47.900]  This microcomputer is loaded with 1 gigahertz all-winner R8 Cortex A8 processor,
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[01:01:52.900 --> 01:01:55.900]  It also has built-in Wi-Fi and Bluetooth 4.0.
[01:01:55.900 --> 01:02:03.900]  Chip only measures two and a half inches long by one and a half inches wide.
[01:02:03.900 --> 01:02:06.900]  Last week, NASDAQ said in a public announcement,
[01:02:06.900 --> 01:02:10.900]  quote, blockchain technology will provide extensive integrity, auditability,
[01:02:10.900 --> 01:02:13.900]  governance, and transfer of ownership capabilities.
[01:02:13.900 --> 01:02:17.900]  Apparently, they're going to start using a blockchain system to keep record
[01:02:17.900 --> 01:02:20.900]  of its NASDAQ private market, which handles trading of shares
[01:02:20.900 --> 01:02:22.900]  in the phase before a company goes public.
[01:02:22.900 --> 01:02:26.900]  NASDAQ sees the blockchain's perfect record-keeping as a major step
[01:02:26.900 --> 01:02:28.900]  in the right direction for money transparency.
[01:02:28.900 --> 01:02:31.900]  This does not mean that NASDAQ is using actual bitcoins.
[01:02:31.900 --> 01:02:33.900]  However, they are using bitcoins' core technology,
[01:02:33.900 --> 01:02:37.900]  which is a major endorsement of bitcoins' contribution to finance and trade.
[01:02:37.900 --> 01:02:40.900]  This is the first time the world has seen a trading system
[01:02:40.900 --> 01:03:00.900]  that doesn't require a trusted middleman.
[01:03:00.900 --> 01:03:27.900]  All right, folks, we are back.
[01:03:27.900 --> 01:03:31.900]  This is Rule of Law Radio, and we are talking to Max in Texas.
[01:03:31.900 --> 01:03:34.900]  All right, Max, okay, sorry for yelling at you,
[01:03:34.900 --> 01:03:36.900]  but I need you to understand this.
[01:03:36.900 --> 01:03:39.900]  Her liberty is not the issue.
[01:03:39.900 --> 01:03:43.900]  The use of the property is not the issue.
[01:03:43.900 --> 01:03:51.900]  The issue is punitive punishment without any evidence of participation in the act.
[01:03:51.900 --> 01:03:57.900]  The only reason they're punishing her is because she is the owner of the property
[01:03:57.900 --> 01:04:01.900]  allegedly used to commit the act.
[01:04:01.900 --> 01:04:04.900]  Do you follow?
[01:04:04.900 --> 01:04:05.900]  I believe so.
[01:04:05.900 --> 01:04:07.900]  So this goes back to it's a pains and penalties.
[01:04:07.900 --> 01:04:10.900]  Yes.
[01:04:10.900 --> 01:04:15.900]  Okay, and yeah, I know where to find that in the Texas and the federal Constitution.
[01:04:15.900 --> 01:04:16.900]  Exactly.
[01:04:16.900 --> 01:04:22.900]  So federal suit or state suit, doesn't matter.
[01:04:22.900 --> 01:04:25.900]  Both of them forbid such an activity.
[01:04:25.900 --> 01:04:27.900]  Correct.
[01:04:27.900 --> 01:04:29.900]  Okay, let's move on to the next point.
[01:04:29.900 --> 01:04:31.900]  I don't want to take up too much of your time, Eddie.
[01:04:31.900 --> 01:04:40.900]  My brother, my little brother, he had apparently ran a stop sign back in 2012.
[01:04:40.900 --> 01:04:42.900]  I'm going to sum this up real quick.
[01:04:42.900 --> 01:04:50.900]  And then subsequently here in the year 2015, a warrant was put out for his arrest
[01:04:50.900 --> 01:04:57.900]  for a cacophony and a cascade of failures for said violation.
[01:04:57.900 --> 01:05:03.900]  Now I went over there just because I'm not him and since these court records should be public,
[01:05:03.900 --> 01:05:10.900]  and I went into the Cypress Station courthouse here in Harris County.
[01:05:10.900 --> 01:05:14.900]  And when I walked in there during normal business hours,
[01:05:14.900 --> 01:05:18.900]  the room to the courtroom was completely locked.
[01:05:18.900 --> 01:05:24.900]  And there were two options in which a person can go to have their case, quote, unquote, adjudicated.
[01:05:24.900 --> 01:05:31.900]  They could either wait in line for the cashier or they could wait in line to speak to the opposing party,
[01:05:31.900 --> 01:05:36.900]  i.e., you know, the district attorney or the assistant district attorney of the county.
[01:05:36.900 --> 01:05:43.900]  And so I, you know, I'm just concerned and I'm kind of looking forward to when I get a ticket in there
[01:05:43.900 --> 01:05:48.900]  and they deny me access to the courtroom because it's closed,
[01:05:48.900 --> 01:05:53.900]  and they instead tell me to go to either the opposite party or to the cashier.
[01:05:53.900 --> 01:06:03.900]  And I'd like to say, you know, I mean, how is that construed as a public and fair and impartial trial?
[01:06:03.900 --> 01:06:06.900]  Well, it's not. They want you to play Let's Make a Deal.
[01:06:06.900 --> 01:06:09.900]  Oh, God. I can't wait to go to that court.
[01:06:09.900 --> 01:06:15.900]  Okay. So what I'm hearing is you haven't gotten any of the records.
[01:06:15.900 --> 01:06:21.900]  No, no. I went there and submitted one of the seminar forms,
[01:06:21.900 --> 01:06:27.900]  the one that's PIR, not to be construed, is, you know, 522 and all that.
[01:06:27.900 --> 01:06:33.900]  And I, you know, I got his full record. And, you know, but however,
[01:06:33.900 --> 01:06:42.900]  my brother suffered from the standard type of fatigue that is intended the way the system is made up.
[01:06:42.900 --> 01:06:47.900]  He was just tired of fighting and just said, oh, here, take my money, roll over, show you the belly.
[01:06:47.900 --> 01:06:52.900]  And so, but I can't wait to get myself a ticket over there.
[01:06:52.900 --> 01:06:56.900]  Wait, wait, wait, Max. When did he do this?
[01:06:56.900 --> 01:07:00.900]  This was approximately two weeks ago.
[01:07:00.900 --> 01:07:04.900]  Okay. Wait a minute. When did you get the records?
[01:07:04.900 --> 01:07:09.900]  I got the records approximately two weeks ago. I walked in there with the PIR.
[01:07:09.900 --> 01:07:12.900]  Okay. I got that part. I got that part.
[01:07:12.900 --> 01:07:15.900]  I'm just looking for timelines here because I have some questions I need to get answered
[01:07:15.900 --> 01:07:18.900]  and things for you to look at in these records.
[01:07:18.900 --> 01:07:19.900]  Sure.
[01:07:19.900 --> 01:07:22.900]  All right. You said he got the ticket in 2012.
[01:07:22.900 --> 01:07:24.900]  Correct.
[01:07:24.900 --> 01:07:30.900]  Okay. Did they ever file a criminal complaint?
[01:07:30.900 --> 01:07:33.900]  There is a criminal complaint in there.
[01:07:33.900 --> 01:07:35.900]  When was that filed?
[01:07:35.900 --> 01:07:36.900]  Huh?
[01:07:36.900 --> 01:07:38.900]  When was that filed?
[01:07:38.900 --> 01:07:41.900]  Oh, crud, I need to pull it up and I have it here.
[01:07:41.900 --> 01:07:47.900]  But it was filed completely later to me.
[01:07:47.900 --> 01:07:51.900]  I mean, it was months later when they filed the actual criminal complaint.
[01:07:51.900 --> 01:07:56.900]  Wait, Max, Max. There should be two things on that complaint.
[01:07:56.900 --> 01:08:03.900]  There should be signatures with dates and there should be a file stamp from the court.
[01:08:03.900 --> 01:08:09.900]  What are those dates?
[01:08:09.900 --> 01:08:14.900]  Oh, darn it, Eddie. I wish I had them scanned. I haven't worked.
[01:08:14.900 --> 01:08:16.900]  I can't tell you the precise date.
[01:08:16.900 --> 01:08:23.900]  But aside from the procedure that's obviously being usurped here,
[01:08:23.900 --> 01:08:32.900]  I thought it was odd that if I were invited to a court and being charged with a misdemeanor Class C,
[01:08:32.900 --> 01:08:43.900]  that the only people that I had the ability to talk to was either the opposing side or the cashier.
[01:08:43.900 --> 01:08:46.900]  Well, you are correct. You are correct.
[01:08:46.900 --> 01:08:52.900]  That is odd and it's improper, but you're still kind of missing where I'm trying to go with this here.
[01:08:52.900 --> 01:08:53.900]  Okay?
[01:08:53.900 --> 01:08:54.900]  Go for it.
[01:08:54.900 --> 01:08:57.900]  You have a case. They have a statute of limitations.
[01:08:57.900 --> 01:09:01.900]  They have a timeframe in which certain things must be done.
[01:09:01.900 --> 01:09:05.900]  We need to establish whether or not they complied with those timeframes.
[01:09:05.900 --> 01:09:13.900]  Oh, Eddie. Okay. Along those same lines, they had issued a capias.
[01:09:13.900 --> 01:09:16.900]  Again, when did they issue the capias?
[01:09:16.900 --> 01:09:17.900]  Huh?
[01:09:17.900 --> 01:09:20.900]  When did they issue the capias?
[01:09:20.900 --> 01:09:30.900]  It was right around 2012 when the charges accrued because of his initial failure to appear.
[01:09:30.900 --> 01:09:37.900]  Okay. Where's the evidence in the record they sent him a notice to appear?
[01:09:37.900 --> 01:09:43.900]  He stipulated to it by showing up or by complaining about it.
[01:09:43.900 --> 01:09:48.900]  Whoa, whoa, whoa. What do you mean by complaining about it?
[01:09:48.900 --> 01:09:54.900]  By writing them a letter.
[01:09:54.900 --> 01:09:58.900]  So he wrote a letter instead of ever appearing in the court?
[01:09:58.900 --> 01:10:08.900]  He wrote a letter that in itself was a tacit admission that service had occurred.
[01:10:08.900 --> 01:10:12.900]  Service only occurs if it is proper, sufficient, and timely.
[01:10:12.900 --> 01:10:15.900]  Do you know what those three things entail?
[01:10:15.900 --> 01:10:20.900]  It is only proper if service complies with the law.
[01:10:20.900 --> 01:10:27.900]  It is only sufficient if it provides enough information to the person to understand what they are being noticed of
[01:10:27.900 --> 01:10:31.900]  and what they're supposed to do once they get that notice.
[01:10:31.900 --> 01:10:36.900]  It must be timely. It must be...
[01:10:36.900 --> 01:10:43.900]  Eddie, he was served by standard U.S. mail, not certified return or receipt or anything,
[01:10:43.900 --> 01:10:48.900]  that he had an impending court date and that there was a warrant out for his arrest.
[01:10:48.900 --> 01:10:51.900]  You know how they do the warrant roundups?
[01:10:51.900 --> 01:10:54.900]  So they sent him a letter advising him that he had a warrant out.
[01:10:54.900 --> 01:11:05.900]  So he went and posted a bail bond to quash the warrant, basically.
[01:11:05.900 --> 01:11:10.900]  And then he went and subsequently danced through the rigmarole.
[01:11:10.900 --> 01:11:13.900]  He couldn't follow my advice. He's just not at that level.
[01:11:13.900 --> 01:11:20.900]  And instead just kind of said, here, take my wallet, look at my belly, and I'm sorry.
[01:11:20.900 --> 01:11:25.900]  So he's already stipulated a guilt.
[01:11:25.900 --> 01:11:28.900]  Okay, Max, here's my problem.
[01:11:28.900 --> 01:11:32.900]  You keep jumping to that part of it, but this was from 2012.
[01:11:32.900 --> 01:11:37.900]  You said these warrants are all about failures to appear.
[01:11:37.900 --> 01:11:38.900]  Correct.
[01:11:38.900 --> 01:11:41.900]  So when did he go into court?
[01:11:41.900 --> 01:11:45.900]  He went to court a couple weeks ago.
[01:11:45.900 --> 01:11:47.900]  Okay, here's the problem.
[01:11:47.900 --> 01:11:53.900]  If they didn't do everything from 2012 correctly,
[01:11:53.900 --> 01:11:58.900]  they're outside of their statute of limitations to do anything in 2015.
[01:11:58.900 --> 01:12:03.900]  So you keep jumping to a point in time that I'm not at yet.
[01:12:03.900 --> 01:12:07.900]  I'm trying to get this laid out so we know when things happened,
[01:12:07.900 --> 01:12:13.900]  what they did or didn't do, and whether or not that would have helped your brother.
[01:12:13.900 --> 01:12:18.900]  Well, I just don't think it would, but what I was mainly concerned with,
[01:12:18.900 --> 01:12:22.900]  his case is a moot point because he's already given up.
[01:12:22.900 --> 01:12:26.900]  It's not a moot point if somebody goes after them for fraud
[01:12:26.900 --> 01:12:29.900]  because they were outside of the statute of limitations.
[01:12:29.900 --> 01:12:35.900]  If they didn't do things properly, that means they collected it under threat, duress,
[01:12:35.900 --> 01:12:39.900]  and coercion for the purpose of committing fraud.
[01:12:39.900 --> 01:12:44.900]  It's not over if somebody actually makes an issue out of it.
[01:12:44.900 --> 01:12:50.900]  So would this somehow go to subject matter jurisdiction?
[01:12:50.900 --> 01:12:51.900]  Absolutely.
[01:12:51.900 --> 01:12:55.900]  How can a court have subject matter jurisdiction of a case
[01:12:55.900 --> 01:12:59.900]  that has expired due to statute of limitations?
[01:12:59.900 --> 01:13:06.900]  And even though there's been a, we'll call it some form of ruling on it,
[01:13:06.900 --> 01:13:12.900]  the ruling could not be made until he appeared in court,
[01:13:12.900 --> 01:13:16.900]  and he wouldn't have appeared in court unless he either failed to appear
[01:13:16.900 --> 01:13:22.900]  or they didn't notice him of when to appear or they didn't prosecute it in a timely manner.
[01:13:22.900 --> 01:13:28.900]  That's why we check every date on every document against what there is
[01:13:28.900 --> 01:13:31.900]  and what they're supposed to do.
[01:13:31.900 --> 01:13:39.900]  We never assume they did one thing correctly, not one.
[01:13:39.900 --> 01:13:40.900]  I see.
[01:13:40.900 --> 01:13:41.900]  Okay.
[01:13:41.900 --> 01:13:42.900]  Let me move on.
[01:13:42.900 --> 01:13:47.900]  I got two more quick questions, and then I'll let another caller jump in there.
[01:13:47.900 --> 01:13:48.900]  Okay.
[01:13:48.900 --> 01:13:53.900]  When it comes to bail bonds here in Texas,
[01:13:53.900 --> 01:14:01.900]  you typically, when you pay a bail bond as the accused,
[01:14:01.900 --> 01:14:10.900]  you are required to tender up 10% of the absolute bond amount.
[01:14:10.900 --> 01:14:15.900]  That's if you go to a bail bondsman.
[01:14:15.900 --> 01:14:19.900]  That's not if you pay the bond.
[01:14:19.900 --> 01:14:20.900]  Okay.
[01:14:20.900 --> 01:14:22.900]  The accused pays the bond.
[01:14:22.900 --> 01:14:26.900]  If you post the bond with the court, it will be the full bond.
[01:14:26.900 --> 01:14:32.900]  If you go through a bondsman, you have to pay them 10% cash,
[01:14:32.900 --> 01:14:36.900]  and they're going to keep that whether you show up or not.
[01:14:36.900 --> 01:14:39.900]  And then if you don't show up, they revoke your bond,
[01:14:39.900 --> 01:14:42.900]  and you're still going to pay that again anyway.
[01:14:42.900 --> 01:14:43.900]  Okay.
[01:14:43.900 --> 01:14:45.900]  So that's what I was getting at.
[01:14:45.900 --> 01:14:52.900]  So in other words, the percentage of the bond that you put down as the accused,
[01:14:52.900 --> 01:14:59.900]  being at like 10% of it, is a non-refundable, no way to collect that back.
[01:14:59.900 --> 01:15:00.900]  It's not a deposit.
[01:15:00.900 --> 01:15:03.900]  If it's paid to a bondsman, that's correct.
[01:15:03.900 --> 01:15:05.900]  Because it's a value-added service by him.
[01:15:05.900 --> 01:15:07.900]  Correct.
[01:15:07.900 --> 01:15:08.900]  Okay.
[01:15:08.900 --> 01:15:16.900]  And now say if you were to post a surety bond instead of posting a bail bond,
[01:15:16.900 --> 01:15:23.900]  would it be 100% refundable should the proceedings terminate near proceed?
[01:15:23.900 --> 01:15:27.900]  Absolutely.
[01:15:27.900 --> 01:15:31.900]  They can't make you pay for losing or for winning.
[01:15:31.900 --> 01:15:34.900]  Them losing and you winning, that is.
[01:15:34.900 --> 01:15:37.900]  Well, apparently the bail bondsman can.
[01:15:37.900 --> 01:15:40.900]  The bail bondsman is not part of that system.
[01:15:40.900 --> 01:15:46.900]  The bail bondsman is a loan shark, a legalized loan shark.
[01:15:46.900 --> 01:15:50.900]  Yeah, I loan you this money, but you better not.
[01:15:50.900 --> 01:15:53.900]  If you pay me the 10%, I'll post your bond.
[01:15:53.900 --> 01:15:56.900]  That's the way it works.
[01:15:56.900 --> 01:15:58.900]  So that is his service fee.
[01:15:58.900 --> 01:16:00.900]  Yes.
[01:16:00.900 --> 01:16:07.900]  Okay, so the bail bondsman himself puts up 100% of the bond amount,
[01:16:07.900 --> 01:16:14.900]  and then he only charges you 10%, and then he finds some happy medium in between.
[01:16:14.900 --> 01:16:18.900]  No, he doesn't find any happy medium.
[01:16:18.900 --> 01:16:21.900]  He has to forfeit that bond if you don't show.
[01:16:21.900 --> 01:16:24.900]  That's why they have bounty hunters and skip tracers.
[01:16:24.900 --> 01:16:26.900]  Okay.
[01:16:26.900 --> 01:16:33.900]  So under no circumstances could you get the 10% of the bond that you can.
[01:16:33.900 --> 01:16:34.900]  No.
[01:16:34.900 --> 01:16:35.900]  As a refund.
[01:16:35.900 --> 01:16:37.900]  No.
[01:16:37.900 --> 01:16:39.900]  Okay.
[01:16:39.900 --> 01:16:41.900]  And you know what?
[01:16:41.900 --> 01:16:42.900]  I hear the music.
[01:16:42.900 --> 01:16:46.900]  One other thing, I just wanted to tell you that I'd be happy to volunteer
[01:16:46.900 --> 01:16:51.900]  to make searchable lists of your Sunday classes.
[01:16:51.900 --> 01:16:56.900]  I've already paid for a couple, and hopefully I can do that for you,
[01:16:56.900 --> 01:16:59.900]  but I'm going to let you go.
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[01:17:53.900 --> 01:17:59.900]  Visit us at capitalcoinandbullion.com or call 512-646-6440.
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[01:18:03.900 --> 01:18:05.900]  except in the area of nutrition.
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[01:18:25.900 --> 01:18:29.900]  Logos Radio Network gets many requests to endorse all sorts of products,
[01:18:29.900 --> 01:18:31.900]  most of which we reject.
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[01:19:00.900 --> 01:19:10.900]  This is the Logos Radio Network.
[01:19:30.900 --> 01:19:51.900]  All right, folks, we are back.
[01:19:51.900 --> 01:19:53.900]  This is Rule of Law Radio.
[01:19:53.900 --> 01:19:57.900]  And real quick, we're going to finish Max and get to the next guy in line here.
[01:19:57.900 --> 01:19:59.900]  All right, Max, anything else?
[01:19:59.900 --> 01:20:02.900]  I heard you offering to volunteer to label the videos and everything.
[01:20:02.900 --> 01:20:08.900]  Unfortunately, I don't know how I'm going to get video to you to do that.
[01:20:08.900 --> 01:20:12.900]  Well, hey, I got some pretty significant bandwidth over here,
[01:20:12.900 --> 01:20:14.900]  and lots of free time to do it for you.
[01:20:14.900 --> 01:20:19.900]  Yeah, but you ain't got 90 weeks of 20-plus gigabytes per week.
[01:20:19.900 --> 01:20:23.900]  Oh, I'm not afraid of a big challenge, my friend.
[01:20:23.900 --> 01:20:27.900]  Yeah, but my bandwidth host is.
[01:20:27.900 --> 01:20:32.900]  Ah, Eddie, Eddie, you need some financial help over there.
[01:20:32.900 --> 01:20:34.900]  Well, I'm not going to argue that part of it at all.
[01:20:34.900 --> 01:20:38.900]  I provide a value-added service for which not too many people see the value
[01:20:38.900 --> 01:20:40.900]  because they sure ain't doing a lot to support it.
[01:20:40.900 --> 01:20:42.900]  Some are, but.
[01:20:42.900 --> 01:20:46.900]  Well, yeah, you know, I'll tell you, most of the people who listen to your show
[01:20:46.900 --> 01:20:49.900]  and I tell them, hey, listen to me on this show, they're just like,
[01:20:49.900 --> 01:20:51.900]  I can't follow that.
[01:20:51.900 --> 01:20:55.900]  They don't know the legalese enough to be able to really follow it.
[01:20:55.900 --> 01:20:58.900]  And here I was thinking I was speaking plenty of East Texas
[01:20:58.900 --> 01:21:00.900]  in the middle of all the legalese.
[01:21:00.900 --> 01:21:03.900]  Oh, well.
[01:21:03.900 --> 01:21:08.900]  Okay, anyway, so yeah, I thought that was a little funny,
[01:21:08.900 --> 01:21:11.900]  the way they were treating my brother in the J.P. court,
[01:21:11.900 --> 01:21:16.900]  and I can't wait to go over there and see exactly what happened.
[01:21:16.900 --> 01:21:20.900]  I mean, what would you do if you walked in and you're on the docket,
[01:21:20.900 --> 01:21:22.900]  you know, to show up at 8 o'clock in the morning,
[01:21:22.900 --> 01:21:26.900]  and you show up at 8 o'clock in the morning and the courtroom doors are locked,
[01:21:26.900 --> 01:21:29.900]  and the only options are for you to get into the cashier's window
[01:21:29.900 --> 01:21:31.900]  or to talk to the opposing party?
[01:21:31.900 --> 01:21:37.900]  I mean, what would you do in such a scenario?
[01:21:37.900 --> 01:21:39.900]  Well, I'd address the issue.
[01:21:39.900 --> 01:21:44.900]  I'd go to the so-called payment window and say, where's my day in court?
[01:21:44.900 --> 01:21:49.900]  Yeah, I would almost think of going over to the sheriff's office
[01:21:49.900 --> 01:21:52.900]  in the same building and telling them, you know,
[01:21:52.900 --> 01:21:56.900]  why am I not allowed access to the courtroom?
[01:21:56.900 --> 01:22:00.900]  Why is the courtroom closed during business hours?
[01:22:00.900 --> 01:22:02.900]  I didn't understand that.
[01:22:02.900 --> 01:22:03.900]  I went up there to...
[01:22:03.900 --> 01:22:07.900]  Well, the courtroom itself is generally only open in some towns
[01:22:07.900 --> 01:22:09.900]  at certain hours on certain days.
[01:22:09.900 --> 01:22:13.900]  The clerk should be open all the time during normal business hours,
[01:22:13.900 --> 01:22:17.900]  but the courtroom proper may not be.
[01:22:17.900 --> 01:22:22.900]  Yeah, it just struck me that the office of the court of the clerk
[01:22:22.900 --> 01:22:25.900]  was in an obscure corner of the building,
[01:22:25.900 --> 01:22:29.900]  and it was nowhere near the, you know, the bench.
[01:22:29.900 --> 01:22:33.900]  You know, I'm used to seeing the clerk of the court right there next to the bench,
[01:22:33.900 --> 01:22:35.900]  and that's where I can talk to them.
[01:22:35.900 --> 01:22:38.900]  I'm used to there being a bailiff and so on and so forth.
[01:22:38.900 --> 01:22:39.900]  Otherwise...
[01:22:39.900 --> 01:22:43.900]  Well, that's only going to be while court's in session for the most part.
[01:22:43.900 --> 01:22:47.900]  Otherwise, it's just going to be the clerks and maybe a bailiff standing out there
[01:22:47.900 --> 01:22:51.900]  with the clerks or somewhere in the building close to the clerks.
[01:22:51.900 --> 01:22:53.900]  Well, I'll tell you what, Eddie.
[01:22:53.900 --> 01:22:58.900]  I can't wait to go hit those guys with some of the motions of the seminar material
[01:22:58.900 --> 01:23:03.900]  and see how they respond when they understand that they're not exactly
[01:23:03.900 --> 01:23:07.900]  following the Code of Criminal Procedures by any means.
[01:23:07.900 --> 01:23:09.900]  Or the Texas Constitution from the sound of it.
[01:23:09.900 --> 01:23:11.900]  Or the Texas Constitution.
[01:23:11.900 --> 01:23:14.900]  So I'm looking to get a ticket over there.
[01:23:14.900 --> 01:23:17.900]  But I'll tell you what, yeah, I wanted to help you sort out your stuff.
[01:23:17.900 --> 01:23:23.900]  I know it's a daunting task, and there's a lot involved.
[01:23:23.900 --> 01:23:29.900]  But I did send you over a donation for two of the films,
[01:23:29.900 --> 01:23:31.900]  and I'd be happy to...
[01:23:31.900 --> 01:23:35.900]  Maybe if you can send me those two films, you know, time permitting.
[01:23:35.900 --> 01:23:36.900]  I know you're a busy man.
[01:23:36.900 --> 01:23:41.900]  But when you can send them over, I'd be more than happy to label them with keywords
[01:23:41.900 --> 01:23:47.900]  and codes and stuff like that to where maybe someone can get some searchable benefit
[01:23:47.900 --> 01:23:52.900]  out of the vast array of information that you've put out.
[01:23:52.900 --> 01:23:57.900]  Well, I'll consider that and appreciate the offer.
[01:23:57.900 --> 01:23:59.900]  All right, Eddie, time for another caller.
[01:23:59.900 --> 01:24:00.900]  All right, Max, thanks for calling in.
[01:24:00.900 --> 01:24:01.900]  And I'll check you out next Monday.
[01:24:01.900 --> 01:24:03.900]  All right, thanks.
[01:24:03.900 --> 01:24:04.900]  All right, over and out.
[01:24:04.900 --> 01:24:05.900]  All right, bye-bye.
[01:24:05.900 --> 01:24:08.900]  All right, now we've got Dave in Delaware.
[01:24:08.900 --> 01:24:11.900]  Dave, what can we do for you?
[01:24:11.900 --> 01:24:15.900]  You had a caller earlier that had a problem with the IRS.
[01:24:15.900 --> 01:24:16.900]  Yes, sir.
[01:24:16.900 --> 01:24:40.900]  Go to www.escape.org and study the definitions that are posted there on the website,
[01:24:40.900 --> 01:24:47.900]  and then activate immediately, implement strategy number one to escape tickets
[01:24:47.900 --> 01:24:53.900]  and escape the Internal Revenue Service and escape court and lawyer's offices
[01:24:53.900 --> 01:24:56.900]  and government agencies.
[01:24:56.900 --> 01:24:57.900]  Okay.
[01:24:57.900 --> 01:24:59.900]  So you could add that to your list.
[01:24:59.900 --> 01:25:02.900]  Instead of two, now you've got three sources for people.
[01:25:02.900 --> 01:25:03.900]  Okay, will do.
[01:25:03.900 --> 01:25:05.900]  And if he has a question, he can email.
[01:25:05.900 --> 01:25:08.900]  The email is posted there at the website.
[01:25:08.900 --> 01:25:10.900]  All right.
[01:25:10.900 --> 01:25:13.900]  Thanks for calling in, Dave.
[01:25:13.900 --> 01:25:18.900]  All right, now we're going to Mike in Montana.
[01:25:18.900 --> 01:25:20.900]  Or is this Missouri?
[01:25:20.900 --> 01:25:21.900]  Missouri.
[01:25:21.900 --> 01:25:22.900]  Missouri.
[01:25:22.900 --> 01:25:25.900]  All right, Mike, what do you got?
[01:25:25.900 --> 01:25:30.900]  I have a friend who got a speeding ticket not too long ago,
[01:25:30.900 --> 01:25:38.900]  and I was trying to help him out with what I have learned so far.
[01:25:38.900 --> 01:25:43.900]  And of course, here in Missouri, they give you the uniform citation,
[01:25:43.900 --> 01:25:47.900]  and then they want you to send it off to the fine collection center
[01:25:47.900 --> 01:25:52.900]  either with a payment or sign in it pleading not guilty.
[01:25:52.900 --> 01:25:55.900]  Of course, according to their rules for misdemeanors,
[01:25:55.900 --> 01:25:58.900]  it's not a valid charging instrument,
[01:25:58.900 --> 01:26:01.900]  so there really wasn't anything he could do with it.
[01:26:01.900 --> 01:26:05.900]  What kind of citation is this?
[01:26:05.900 --> 01:26:06.900]  A uniform citation.
[01:26:06.900 --> 01:26:08.900]  It was for speeding.
[01:26:08.900 --> 01:26:10.900]  Okay.
[01:26:10.900 --> 01:26:15.900]  And in Montana, is that an offense or an infraction?
[01:26:15.900 --> 01:26:16.900]  In Missouri.
[01:26:16.900 --> 01:26:17.900]  Or Missouri, sorry.
[01:26:17.900 --> 01:26:19.900]  He alleged that it's a misdemeanor.
[01:26:19.900 --> 01:26:28.900]  Okay, so it's an offense, and the citation does not meet the requisites of a complaint.
[01:26:28.900 --> 01:26:29.900]  That's what you're saying, right?
[01:26:29.900 --> 01:26:32.900]  It's not a valid charging instrument.
[01:26:32.900 --> 01:26:36.900]  Well, what are you calling a charging instrument?
[01:26:36.900 --> 01:26:44.900]  Well, according to Missouri's code, I had talked to you about this before.
[01:26:44.900 --> 01:26:56.900]  Under the Missouri Constitution, they can only prosecute for a misdemeanor or a felony by an information or an indictment.
[01:26:56.900 --> 01:27:05.900]  Well, it says the same thing here, but unfortunately, the courts are allowing them to do other things.
[01:27:05.900 --> 01:27:08.900]  What are they doing there?
[01:27:08.900 --> 01:27:12.900]  Well, they attempt to do it with a uniform citation.
[01:27:12.900 --> 01:27:20.900]  And is there a statutory scheme that's pretending to let them do that?
[01:27:20.900 --> 01:27:30.900]  Well, it's mainly through their Supreme Court rules is where they try to say that the uniform citation meets that.
[01:27:30.900 --> 01:27:39.900]  But as you pointed out to me before, it is the Missouri Constitution that gives power to the Supreme Court, the Missouri Supreme Court,
[01:27:39.900 --> 01:27:48.900]  which gives the authority to the Missouri Supreme Court rules so they cannot overrule the requirements that they have to have.
[01:27:48.900 --> 01:27:51.900]  Yeah, it's a tradition for them to do that.
[01:27:51.900 --> 01:27:59.900]  But my point being that what you have to do is identify the statutory scheme that is being alleged to empower that action
[01:27:59.900 --> 01:28:09.900]  and challenge it as unconstitutional in relation to those constitutional provisions.
[01:28:09.900 --> 01:28:16.900]  Okay. Well, what they've done is they just went to what they call the – here in Missouri, they have the fine collection center.
[01:28:16.900 --> 01:28:18.900]  It never went to court.
[01:28:18.900 --> 01:28:20.900]  It's never been before, Judge.
[01:28:20.900 --> 01:28:22.900]  There was no court date.
[01:28:22.900 --> 01:28:32.900]  And they just – because he refused to sign it, he sent them a letter saying there was nothing to plea to.
[01:28:32.900 --> 01:28:46.900]  And they just went ahead and revoked his driver's license and said that he must pay it and also a reinstatement fee.
[01:28:46.900 --> 01:28:53.900]  Well, then what they've done is created a bill of pains and penalties because if they're alleging that this is a misdemeanor offense,
[01:28:53.900 --> 01:29:01.900]  they cannot convict him in his absence unless he was actually present at the beginning of the trial.
[01:29:01.900 --> 01:29:20.900]  So a criminal conviction in the absence of the accused is not possible in America unless they were present when the prosecution of the offense began and then they absconded.
[01:29:20.900 --> 01:29:32.900]  So right there you've got due process violations already of a federally protected right. So you could sue at the federal level based on that.
[01:29:32.900 --> 01:29:35.900]  I don't know if we're ready for that.
[01:29:35.900 --> 01:29:46.900]  Well, unfortunately, that may be the only remedy you've got left because the state's certainly not going to buck its own ability to steal your money.
[01:29:46.900 --> 01:29:48.900]  All right. Hang on, Mike. I've got to take a break here.
[01:29:48.900 --> 01:30:00.900]  All right, folks. 512-646-1984. We've got a half an hour to go. We'll be right back.
[01:30:00.900 --> 01:30:02.900]  Are you a sitting duck for a heart attack?
[01:30:02.900 --> 01:30:11.900]  Researchers say this seemingly harmless behavior has grave consequences, even for young adults, and it could increase your risk for cardiovascular disease.
[01:30:11.900 --> 01:30:15.900]  I'm Dr. Catherine Albrecht, and I'll tell you what the culprit is in just a moment.
[01:30:15.900 --> 01:30:20.900]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:20.900 --> 01:30:25.900]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.900 --> 01:30:30.900]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.900 --> 01:30:33.900]  Privacy, it's worth hanging on to.
[01:30:33.900 --> 01:30:40.900]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[01:30:44.900 --> 01:30:51.900]  Watching TV and doing homework seem like harmless activities, but they have one deadly behavior in common, sitting.
[01:30:51.900 --> 01:30:58.900]  Researchers evaluated the daily sitting habits of 17,000 people aged 18 through 90 for 12 years.
[01:30:58.900 --> 01:31:03.900]  They found that the longer participants sat, the greater their risk of cardiovascular disease and death.
[01:31:03.900 --> 01:31:09.900]  In fact, prolonged sitters of all ages were over 50 percent more likely to experience a heart attack.
[01:31:09.900 --> 01:31:14.900]  This risk was independent of their smoking status, alcohol consumption, and even physical exercise.
[01:31:14.900 --> 01:31:19.900]  But there's good news for students, book lovers, and others who sit for work or pleasure.
[01:31:19.900 --> 01:31:24.900]  Getting up and moving around periodically seems to offset this sedentary syndrome.
[01:31:24.900 --> 01:31:29.900]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.900 --> 01:31:35.900]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.900 --> 01:31:42.900]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.900 --> 01:31:45.900]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.900 --> 01:31:47.900]  Thousands of my fellow first responders are dying.
[01:31:47.900 --> 01:31:49.900]  I'm not a conspiracy theorist.
[01:31:49.900 --> 01:31:50.900]  I'm a structural engineer.
[01:31:50.900 --> 01:31:51.900]  I'm a New York City correction officer.
[01:31:51.900 --> 01:31:52.900]  I'm an Air Force pilot.
[01:31:52.900 --> 01:31:54.900]  I'm a father who lost his son.
[01:31:54.900 --> 01:31:56.900]  We're Americans, and we deserve the truth.
[01:31:56.900 --> 01:32:06.900]  Go to RememberBuilding7.org today.
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[01:32:31.900 --> 01:32:37.900]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:37.900 --> 01:32:44.900]  Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:44.900 --> 01:32:49.900]  So if those out of town roofers come knocking, your door should be locking.
[01:32:49.900 --> 01:32:58.900]  And that's 512-992-8745 or hillcountryhomeimprovements.com. Discounts are based on full roof replacement.
[01:32:58.900 --> 01:33:03.900]  Me not actually be kidding about chemtrails.
[01:33:03.900 --> 01:33:12.900]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:33:12.900 --> 01:33:19.900]  And who you want to chip? Who you take me for? Free Tony. Who you want to chip? Me not free Tony. You can't chip me.
[01:33:19.900 --> 01:33:25.900]  Oh, Mr. Don't let them chip you in the morning, chip you in the evening. Put a chip in your body.
[01:33:25.900 --> 01:33:30.900]  And then me when you go computer reading, you can't hide me safe from nobody.
[01:33:30.900 --> 01:33:40.900]  When you say chip in your mom, chip in your daddy, chip in your grandpa and the granny, chip in me, chip in your baby, chip in your family, whole family,
[01:33:40.900 --> 01:33:49.900]  chip in your dad and the cafe around me, chip in the beef and you still go eat it, chip in the fish, them all in the sea, chip in the shark and the whale.
[01:33:49.900 --> 01:33:53.900]  All right, folks, we are back. This is Rule of Law Radio. All right.
[01:33:53.900 --> 01:33:58.900]  We are still talking with Mike. All right, Mike, please continue.
[01:33:58.900 --> 01:34:17.900]  Well, on his notice of revocation, it says here that he can appeal it according to 302.311 of the revised statute that says in the event it has been suspended or revoked,
[01:34:17.900 --> 01:34:28.900]  that he can appeal to the Circuit Court of the county of his residence in the manner provided by Chapter 536 for the review of administrative decision.
[01:34:28.900 --> 01:34:34.900]  Well, if this is an administrative decision, it can't be a misdemeanor criminal offense.
[01:34:34.900 --> 01:34:47.900]  But that's what the statute that they... Then that makes it a bill of pains and penalties when they can do an administrative determination of guilt without judicial review.
[01:34:47.900 --> 01:34:53.900]  Okay. Are they saying that the appeal can be done to an actual judicial court?
[01:34:53.900 --> 01:35:00.900]  That's what the... No, it says that it's going to a particular court.
[01:35:00.900 --> 01:35:07.900]  That doesn't mean it's judicial. They can call anything a court.
[01:35:07.900 --> 01:35:12.900]  That doesn't make it a judicial court with a judicial judge.
[01:35:12.900 --> 01:35:18.900]  Okay. Well, it says Circuit Court. So can the Circuit Court not be judicial?
[01:35:18.900 --> 01:35:24.900]  I don't know. You'd have to look at what the organization of courts there are.
[01:35:24.900 --> 01:35:34.900]  It also says in this statute, it says appeals from the judgment of the Circuit Court may be taken as in civil cases.
[01:35:34.900 --> 01:35:43.900]  May be taken as in civil cases. Well, you'd have to find out what type of jurisdiction this Circuit Court has.
[01:35:43.900 --> 01:35:56.900]  Okay. All right. Well, we'll do some more study and this part of it's a little new to me. I don't have a license at all.
[01:35:56.900 --> 01:36:07.900]  So this hasn't been a problem for me so far. Yeah. So I appreciate it.
[01:36:07.900 --> 01:36:10.900]  All right. No problem. Thank you.
[01:36:10.900 --> 01:36:13.900]  You're welcome. Bye. Bye-bye.
[01:36:13.900 --> 01:36:19.900]  All right. Now we've got Rob in Illinois. Rob, what can we do for you?
[01:36:19.900 --> 01:36:24.900]  Hello, Eddie. I was wondering if you could... Can you hear me clear? Yes.
[01:36:24.900 --> 01:36:29.900]  Okay. I have two quick things for... I think it's for... Let me scroll back here.
[01:36:29.900 --> 01:36:37.900]  I think it's the guy that was on earlier, Randy. I don't know what state he was calling from, but he had an IRS problem.
[01:36:37.900 --> 01:36:49.900]  If I can give out my email, I can get him some information. It is robchristianwarrioratyahoo.com.
[01:36:49.900 --> 01:36:58.900]  Again, I'll give that email out and you can go to the archives, check it out again. It's robchristianwarrioratyahoo.com.
[01:36:58.900 --> 01:37:04.900]  And that's for Randy or anybody else out there having any IRS issues, I can send you some information that may help you cause.
[01:37:04.900 --> 01:37:10.900]  Also, Eddie, I don't know if you've ever read, you probably have based on some of the things you've said,
[01:37:10.900 --> 01:37:18.900]  the book called General Principles of Constitutional Law by Judge Thomas M. Cooley. Have you read that book?
[01:37:18.900 --> 01:37:27.900]  I've read that. I've read Bacon's Treatises on Law and so on and so forth. So I've read quite a few of the books on it.
[01:37:27.900 --> 01:37:36.900]  Okay. That's great. This is another good book for the people out there to get a basic grasp on constitutional law.
[01:37:36.900 --> 01:37:41.900]  Again, it's called General Principles of Constitutional Law by Judge Thomas Cooley.
[01:37:41.900 --> 01:37:52.900]  And Eddie, I don't know if you have an email list you want to send out to give people a list of a couple books that they can read to give them that basic foundation, but that would be very good.
[01:37:52.900 --> 01:37:54.900]  Go ahead.
[01:37:54.900 --> 01:37:59.900]  So you said you read, what were the other books you just mentioned?
[01:37:59.900 --> 01:38:10.900]  Cooley's Treatises on Law and, or not Cooley, shoot, I can't remember now. I've got a few.
[01:38:10.900 --> 01:38:17.900]  They're out on loan right now as a matter of fact though. Bacon and several others.
[01:38:17.900 --> 01:38:27.900]  Okay. I'll look them up. I'll go back into the archives and look them up and find them myself. But yes, this takes a lot of questions out that people have.
[01:38:27.900 --> 01:38:39.900]  So the best thing people can do is get educated as much on their own. And there's only so much Eddie can put in everybody's heads. We have to do something on our end here as well.
[01:38:39.900 --> 01:38:41.900]  That's true enough.
[01:38:41.900 --> 01:38:51.900]  Yeah. So with that, Eddie, that's about it. But thank you for having me on and keep up the good work.
[01:38:51.900 --> 01:38:54.900]  Well, I appreciate it. Thanks for calling in, Rob.
[01:38:54.900 --> 01:38:55.900]  Okay. Thanks, Eddie.
[01:38:55.900 --> 01:39:03.900]  All right. Now we're going to go to Joe in New York and I'm going to need some more callers after Joe, 512-646-1984.
[01:39:03.900 --> 01:39:05.900]  All right, Joe, go ahead.
[01:39:05.900 --> 01:39:12.900]  Hey, Eddie. I've been doing a little research since I talked to you a couple of weeks ago.
[01:39:12.900 --> 01:39:19.900]  And I just want to go over some of the things I found and see if you had any suggestions.
[01:39:19.900 --> 01:39:21.900]  Okay.
[01:39:21.900 --> 01:39:35.900]  You know, you questioned me concerning the definition of individual in their, you know, definition of person applies to Article 33.
[01:39:35.900 --> 01:39:41.900]  And, you know, what I looked up was that, you know, it says of or pertaining to a person.
[01:39:41.900 --> 01:39:52.900]  Well, that doesn't mean a person or any person, you know, that's of or pertaining to. And so I'm thinking, well, what the heck does of or pertaining to refer to?
[01:39:52.900 --> 01:39:59.900]  And obviously the definition tells you, you know, it's any legal entity.
[01:39:59.900 --> 01:40:07.900]  You know, that's how I'm interpreting it, you know, since it is a commercial code.
[01:40:07.900 --> 01:40:15.900]  And then I came across some information that I'm turning into a jurisdictional challenge.
[01:40:15.900 --> 01:40:24.900]  And that has to do with a policy that is an irreputable presumption.
[01:40:24.900 --> 01:40:33.900]  You know, so I looked into that and, you know, some sites claim that a conclusive presumption is the same thing.
[01:40:33.900 --> 01:40:47.900]  And, you know, what I found is that there's a really significant difference in that a conclusive presumption only stands in the absence of any rebutting fact.
[01:40:47.900 --> 01:40:48.900]  Right.
[01:40:48.900 --> 01:41:00.900]  Whereas an irreputable presumption will stand in spite of the existence of, you know, rebutting facts.
[01:41:00.900 --> 01:41:09.900]  Right. And there are specific prohibitions on irreputable presumptions in criminal cases.
[01:41:09.900 --> 01:41:10.900]  Yeah, I found them.
[01:41:10.900 --> 01:41:20.900]  You know, so that's why I'm making that, you know, that motion that they don't have jurisdiction because their policy,
[01:41:20.900 --> 01:41:38.900]  that anyone who is not licensed to own a controlled substance and is in possession of a controlled substance that isn't registered to be in their possession is,
[01:41:38.900 --> 01:41:40.900]  you know, in violation of the penal code.
[01:41:40.900 --> 01:41:51.900]  And, you know, because they've, well, what's the right word?
[01:41:51.900 --> 01:41:58.900]  Well, at any rate, they've run afoul of the public health code.
[01:41:58.900 --> 01:42:12.900]  And, you know, right in Title 21 of the USC it says that, you know, you cannot possess a controlled substance unless it's obtained directly.
[01:42:12.900 --> 01:42:14.900]  So I looked up to obtain directly.
[01:42:14.900 --> 01:42:29.900]  And Webster's definition, it means firsthand, and it either means acquiring it from the manufacturer or producer, which I don't think they mean that.
[01:42:29.900 --> 01:42:37.900]  Or if you make it yourself for your own consumption, I'm like, that must be what they're talking about.
[01:42:37.900 --> 01:42:55.900]  And, you know, so I've got, you know, an argument, you know, that, you know, the prosecution's information doesn't, you know,
[01:42:55.900 --> 01:42:58.900]  allege that I failed to obtain it directly.
[01:42:58.900 --> 01:43:03.900]  You know, that's another motion.
[01:43:03.900 --> 01:43:22.900]  But this policy of, you know, charging anyone who's in, you know, personal possession or, you know, non-commercial possession is, you know,
[01:43:22.900 --> 01:43:36.900]  directly, you know, counterdicted by the statute. You know, so not only is this policy near irreparable presumption, you know, but it's-
[01:43:36.900 --> 01:43:40.900]  Does it have an affirmative defense?
[01:43:40.900 --> 01:43:41.900]  What's that?
[01:43:41.900 --> 01:43:46.900]  Read the statute and see if it contains an affirmative defense against prosecution.
[01:43:46.900 --> 01:43:47.900]  Hang on just a second.
[01:43:47.900 --> 01:43:52.900]  About to take another break. All right, folks, this is Rule of Law Radio.
[01:43:52.900 --> 01:43:59.900]  We're coming into our last segment, so y'all hang in there. We'll be right back.
[01:43:59.900 --> 01:44:03.900]  You feel tired when talking about important topics like money and politics?
[01:44:03.900 --> 01:44:04.900]  Sorry.
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[01:46:01.900 --> 01:46:30.900]  All right, folks.
[01:46:30.900 --> 01:46:34.900]  We are back, and we are currently talking to Joe in New York.
[01:46:34.900 --> 01:46:36.900]  All right, Joe, let's see if we can wrap this one up.
[01:46:36.900 --> 01:46:41.900]  And I got one person from New Zealand I want to try to get to if we can.
[01:46:41.900 --> 01:46:46.900]  Okay. Well, as far as affirmative defense goes, you know, the things that I've seen in there were
[01:46:46.900 --> 01:46:50.900]  the definition of person, you know, doesn't apply to me.
[01:46:50.900 --> 01:46:58.900]  No, no, no. Does the statute specifically have a section that says it is an affirmative defense to prosecution?
[01:46:58.900 --> 01:47:04.900]  And then it gives whatever criteria that may be. Look and see if that exists.
[01:47:04.900 --> 01:47:05.900]  Okay.
[01:47:05.900 --> 01:47:06.900]  Okay.
[01:47:06.900 --> 01:47:14.900]  And yeah, yeah, okay. You know, I didn't read it in its entirety. I just read it.
[01:47:14.900 --> 01:47:20.900]  Yeah. Check that as well as the definitions. The definitions are always the first place to start.
[01:47:20.900 --> 01:47:24.900]  But then if you've got an affirmative defense to apply along with that,
[01:47:24.900 --> 01:47:26.900]  you can see how well they work together in your favor.
[01:47:26.900 --> 01:47:32.900]  For instance, the affirmative defense may simply say it is an affirmative defense against prosecution
[01:47:32.900 --> 01:47:37.900]  if the control substance was in their possession solely for personal use.
[01:47:37.900 --> 01:47:44.900]  That means you don't even have to go to the definition. See what I'm saying?
[01:47:44.900 --> 01:47:48.900]  Well, yeah, I just wouldn't imagine that they would actually write that.
[01:47:48.900 --> 01:47:54.900]  Well, they have to if they didn't make it a crime to have it for personal use.
[01:47:54.900 --> 01:47:58.900]  They would have to place that in there as an affirmative defense.
[01:47:58.900 --> 01:48:02.900]  Okay. Well, you know, all right. I'll look. You know, that would amaze me.
[01:48:02.900 --> 01:48:09.900]  The other motion I'm working on, I'm kind of holding in reserve as a trap,
[01:48:09.900 --> 01:48:16.900]  when in my last hearing the judge didn't like what the DA wanted to charge me with.
[01:48:16.900 --> 01:48:25.900]  And so he put off the hearing because he directed the DA to change the charges.
[01:48:25.900 --> 01:48:29.900]  And I was just like, how does he think he's doing?
[01:48:29.900 --> 01:48:37.900]  You know, so I got this motion to avoid the court's jurisdiction.
[01:48:37.900 --> 01:48:50.900]  But I thought I would, you know, raise my jurisdictional arguments first and see if I can't lure him into summarily denying them
[01:48:50.900 --> 01:48:53.900]  before I, you know, drop the hammer on him.
[01:48:53.900 --> 01:48:57.900]  Well, you always do jurisdictional challenges first.
[01:48:57.900 --> 01:49:05.900]  Well, yeah. Yeah. But the idea was I thought that I would utilize him for more than just making the jurisdictional challenges.
[01:49:05.900 --> 01:49:08.900]  You know, he seems to be a criminal judge.
[01:49:08.900 --> 01:49:17.900]  So I'm thinking, geez, if I can get him to do this twice, I can establish a pattern of behavior, you know, at the same time.
[01:49:17.900 --> 01:49:22.900]  And, you know, that would work to my benefit when I sue him.
[01:49:22.900 --> 01:49:30.900]  So that's kind of my game plan is to hope that, you know, that guy thinks I don't know what I'm doing
[01:49:30.900 --> 01:49:39.900]  and, you know, deny even one of them summarily, you know, without giving the prosecutor an opportunity to do what he's supposed to do.
[01:49:39.900 --> 01:49:40.900]  Right.
[01:49:40.900 --> 01:49:43.900]  You know, and then whack, you know.
[01:49:43.900 --> 01:49:53.900]  And I've got a whole bunch of motions to challenge the prosecution's, what do you call it?
[01:49:53.900 --> 01:49:58.900]  Oh, I got it here somewhere.
[01:49:58.900 --> 01:50:03.900]  This is a cause of action.
[01:50:03.900 --> 01:50:08.900]  You know, they've got a bunch of problems there, but I really don't think it'll make it that far.
[01:50:08.900 --> 01:50:12.900]  You know, the thing that I have a challenge just overcoming there.
[01:50:12.900 --> 01:50:21.900]  The complaint only has one fact that they found, you know, a quantity of marijuana in my home.
[01:50:21.900 --> 01:50:23.900]  That's it.
[01:50:23.900 --> 01:50:35.900]  So, you know, I think I'm going to be able to take them out, you know, just with jurisdictional challenges, you know, on the complaint alone.
[01:50:35.900 --> 01:50:37.900]  That's possible.
[01:50:37.900 --> 01:50:38.900]  Also.
[01:50:38.900 --> 01:50:39.900]  All right.
[01:50:39.900 --> 01:50:41.900]  Well, I wish you luck with that, Joe.
[01:50:41.900 --> 01:50:42.900]  Well, thank you.
[01:50:42.900 --> 01:50:45.900]  And I'll let you know how it turns out.
[01:50:45.900 --> 01:50:46.900]  Okay.
[01:50:46.900 --> 01:50:47.900]  Good luck.
[01:50:47.900 --> 01:50:48.900]  All right.
[01:50:48.900 --> 01:50:49.900]  Yeah, thanks.
[01:50:49.900 --> 01:50:50.900]  Bye.
[01:50:50.900 --> 01:50:51.900]  Bye-bye.
[01:50:51.900 --> 01:50:52.900]  All right.
[01:50:52.900 --> 01:50:53.900]  Well done, Max.
[01:50:53.900 --> 01:50:54.900]  What can we do for you?
[01:50:54.900 --> 01:50:55.900]  Hey.
[01:50:55.900 --> 01:50:56.900]  G'day, Eddie.
[01:50:56.900 --> 01:50:57.900]  How you doing?
[01:50:57.900 --> 01:50:58.900]  I'm doing all right.
[01:50:58.900 --> 01:50:59.900]  How are you?
[01:50:59.900 --> 01:51:00.900]  Well, I'm pretty good.
[01:51:00.900 --> 01:51:01.900]  Yeah.
[01:51:01.900 --> 01:51:04.900]  Look, it just rang to say you're a folk hero down here.
[01:51:04.900 --> 01:51:13.900]  I saw a clip you did on YouTube maybe two years ago, a three-hour long video you did on transportation.
[01:51:13.900 --> 01:51:14.900]  Yeah.
[01:51:14.900 --> 01:51:17.900]  And it just woke us all up.
[01:51:17.900 --> 01:51:23.900]  And here we have a national transport code called the Land Transport Act.
[01:51:23.900 --> 01:51:28.900]  And we've been doing a bit of research based on what you've been talking about.
[01:51:28.900 --> 01:51:35.900]  And it turns out that the Law Dictionary defines – in fact, the Act defines land transport
[01:51:35.900 --> 01:51:39.900]  as any transport on the land, which is kind of an oxymoron.
[01:51:39.900 --> 01:51:44.900]  But then the Law Dictionary, which would be the next in the hierarchical chain of command,
[01:51:44.900 --> 01:51:49.900]  would be that transport is to carry or convey a thing.
[01:51:49.900 --> 01:51:56.900]  And you look up what a human being is, and it's not a thing, to quote the Law Dictionary.
[01:51:56.900 --> 01:51:58.900]  So we're on that kind of tact at the moment.
[01:51:58.900 --> 01:52:02.900]  And I've been carrying around your script in my wallet, which is now dogged after a couple
[01:52:02.900 --> 01:52:09.900]  of years, waiting for the opportunity to recite it.
[01:52:09.900 --> 01:52:11.900]  But it hasn't happened yet.
[01:52:11.900 --> 01:52:16.900]  But we're certainly following you down here and wanted to wish you well for the future,
[01:52:16.900 --> 01:52:18.900]  and you're doing a great job.
[01:52:18.900 --> 01:52:19.900]  Well, I appreciate that.
[01:52:19.900 --> 01:52:22.900]  And I appreciate you calling in and letting us know it.
[01:52:22.900 --> 01:52:29.900]  And tell everybody down in New Zealand that I said hello and thanks for listening.
[01:52:29.900 --> 01:52:32.900]  Yeah, well, we're trying to turn on a bunch of people down here,
[01:52:32.900 --> 01:52:36.900]  and you've got a worldwide relationship, and it's all good.
[01:52:36.900 --> 01:52:38.900]  So keep up the good work.
[01:52:38.900 --> 01:52:41.900]  All right, well, thanks for calling in, Max.
[01:52:41.900 --> 01:52:42.900]  I appreciate it.
[01:52:42.900 --> 01:52:43.900]  Okay, Eddie, take care.
[01:52:43.900 --> 01:52:44.900]  You too.
[01:52:44.900 --> 01:52:46.900]  Good luck with all that.
[01:52:46.900 --> 01:52:49.900]  All right, now we're going to go to Todd in Maryland.
[01:52:49.900 --> 01:52:52.900]  Todd, what can we do for you?
[01:52:52.900 --> 01:52:53.900]  How are you doing, Eddie?
[01:52:53.900 --> 01:52:55.900]  Doing all right so far.
[01:52:55.900 --> 01:52:58.900]  That's good.
[01:52:58.900 --> 01:53:04.900]  I got a speeding ticket, one of the camera speeding tickets.
[01:53:04.900 --> 01:53:11.900]  I took your red light letter.
[01:53:11.900 --> 01:53:12.900]  Right.
[01:53:12.900 --> 01:53:13.900]  Special appearance letter.
[01:53:13.900 --> 01:53:14.900]  Right.
[01:53:14.900 --> 01:53:21.900]  And used it for that speeding ticket.
[01:53:21.900 --> 01:53:22.900]  Okay.
[01:53:22.900 --> 01:53:25.900]  Sent that in.
[01:53:25.900 --> 01:53:33.900]  They automatically sent me back a court date.
[01:53:33.900 --> 01:53:40.900]  So what they actually sent you back was a commissioner appearance date.
[01:53:40.900 --> 01:53:43.900]  Because, well, wait a minute, you're in Maryland, so I'm sorry.
[01:53:43.900 --> 01:53:46.900]  That could be California, but in Maryland you may go to court.
[01:53:46.900 --> 01:53:47.900]  I don't know for sure.
[01:53:47.900 --> 01:53:48.900]  But anyway, go ahead.
[01:53:48.900 --> 01:53:54.900]  Yeah, it says, yeah, courtroom number six, District Court of Maryland.
[01:53:54.900 --> 01:53:57.900]  Yeah, just make sure that it's an actual judge sitting there
[01:53:57.900 --> 01:54:03.900]  and not some appointed clerk acting as some sort of magistrate or commissioner.
[01:54:03.900 --> 01:54:04.900]  Okay.
[01:54:04.900 --> 01:54:06.900]  Well, what's my next step?
[01:54:06.900 --> 01:54:08.900]  Well, that depends on what they are.
[01:54:08.900 --> 01:54:10.900]  I mean.
[01:54:10.900 --> 01:54:15.900]  Because anything that's not a judge is being done administratively.
[01:54:15.900 --> 01:54:20.900]  And you're not going to agree to anything administrative, right?
[01:54:20.900 --> 01:54:23.900]  True.
[01:54:23.900 --> 01:54:27.900]  So that's the first thing you've got to do is find out who the hearing person is
[01:54:27.900 --> 01:54:30.900]  and whether or not that person is actually a judge.
[01:54:30.900 --> 01:54:37.900]  And you're going to do that by determining what a requirement in Maryland is for someone to be a judge.
[01:54:37.900 --> 01:54:43.900]  What owes, what documents, and are they on file?
[01:54:43.900 --> 01:54:45.900]  Okay.
[01:54:45.900 --> 01:54:53.900]  Now, the twist on this is the vehicle is registered in my mother's name.
[01:54:53.900 --> 01:54:55.900]  I'm sorry, the what is?
[01:54:55.900 --> 01:54:57.900]  The vehicle, the car.
[01:54:57.900 --> 01:54:58.900]  Okay.
[01:54:58.900 --> 01:54:59.900]  It's not a vehicle.
[01:54:59.900 --> 01:55:00.900]  It's a car.
[01:55:00.900 --> 01:55:02.900]  Okay.
[01:55:02.900 --> 01:55:05.900]  It's registered in my mother's name.
[01:55:05.900 --> 01:55:10.900]  So therefore these tickets have come in her name.
[01:55:10.900 --> 01:55:13.900]  And I've sent the letter out.
[01:55:13.900 --> 01:55:16.900]  So the tickets were issued to your mother.
[01:55:16.900 --> 01:55:17.900]  Yes.
[01:55:17.900 --> 01:55:18.900]  Okay.
[01:55:18.900 --> 01:55:21.900]  Do the tickets show anyone's face?
[01:55:21.900 --> 01:55:22.900]  No.
[01:55:22.900 --> 01:55:23.900]  Okay.
[01:55:23.900 --> 01:55:24.900]  Then this is going to be the problem.
[01:55:24.900 --> 01:55:33.900]  Once again, they're going to prosecute somebody based upon ownership, not association with the alleged act.
[01:55:33.900 --> 01:55:43.900]  So the first thing you need to determine is what nature of allegation is this speeding citation?
[01:55:43.900 --> 01:55:46.900]  Is it civil, criminal, or administrative?
[01:55:46.900 --> 01:55:50.900]  That's going to determine what rules you play by.
[01:55:50.900 --> 01:55:56.900]  And you need to look up all of that ASAP.
[01:55:56.900 --> 01:56:00.900]  Okay.
[01:56:00.900 --> 01:56:13.900]  Now, one of the things you're going to want to do is you're going to, I would force them, and this is why I say you need to see if this is actually a judge,
[01:56:13.900 --> 01:56:23.900]  because I would force them to bring in a witness who could identify the accused by sight.
[01:56:23.900 --> 01:56:28.900]  And if that camera doesn't take pictures of their face, guess what?
[01:56:28.900 --> 01:56:33.900]  They have no eye witness who can identify the actual perpetrator.
[01:56:33.900 --> 01:56:36.900]  Therefore, they have no case.
[01:56:36.900 --> 01:56:39.900]  Exactly.
[01:56:39.900 --> 01:57:08.900]  I mean, they try to sneak these little tidbits of stuff in the transportation article of Maryland 21-809 and 21-10 that states that they can use these speeding cameras and you're liable.
[01:57:08.900 --> 01:57:12.900]  Whoever is the registered owner is liable.
[01:57:12.900 --> 01:57:19.900]  Yeah, and that's why I say it's purely administrative, because there's no way they could do that in civil or criminal.
[01:57:19.900 --> 01:57:26.900]  And administrative is a form of civil, but it's not purely civil.
[01:57:26.900 --> 01:57:27.900]  Okay.
[01:57:27.900 --> 01:57:38.900]  So everything they're doing is administrative, which that begs to reason that you're not going to be appearing before any real judge.
[01:57:38.900 --> 01:57:44.900]  That's why you need to find out, and that's why you need to make sure you do not consent to anything administrative.
[01:57:44.900 --> 01:57:49.900]  But first thing is, make sure you understand what the nature is.
[01:57:49.900 --> 01:57:51.900]  Find out.
[01:57:51.900 --> 01:58:00.900]  Would it be, would it be pertinent to send that same letter to the district court?
[01:58:00.900 --> 01:58:02.900]  Well, you can send it to whoever you want.
[01:58:02.900 --> 01:58:14.900]  I would send a copy of the original along with the registered mail receipt showing it was sent, received, and never replied to.
[01:58:14.900 --> 01:58:20.900]  But you need to file a motion to dismiss right along with that.
[01:58:20.900 --> 01:58:21.900]  All right, man, I'm sorry.
[01:58:21.900 --> 01:58:22.900]  I am out of time.
[01:58:22.900 --> 01:58:27.900]  But if you got any other questions, send me an email to Eddie at ruleoflawradio.com.
[01:58:27.900 --> 01:58:28.900]  All right.
[01:58:28.900 --> 01:58:32.900]  This has been the Rule of Law Radio Monday night show with your host, Eddie Craig.
[01:58:32.900 --> 01:58:34.900]  Thank you all for calling in and for listening.
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[01:58:45.900 --> 01:58:46.900]  All right, folks.
[01:58:46.900 --> 01:58:47.900]  You all have a great week.
[01:58:47.900 --> 01:58:48.900]  Good night.
[01:58:48.900 --> 01:58:50.900]  God bless.
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